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HomeMy WebLinkAbout17-Personnel Department _---1.~ CI':, 'If :z"F SAN BERNARD..40 - REQUl..., T FOR COUNCIL AC ..ON Date: August 3, 1988 Subject: Resolution implementing Memorandum of Understanding between the City of San Bernardino and employees in the general employees bargaining unit represented by AFSCME From: Gordon R. Johnson Dept: Personne 1 Synopsis of Previous Council action: None Recommended motion: Adopt the resolution. fi-"~ f a II, , LlcZr'- Sig~~re Contact person: Gordon R. Johnson Phone: X5161 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: ,M GRJ/jr ^,.,r"'....r1.. 1+"'........ 1\1..... , CITY OF SAN BERNARDI.-O - REQUE~T FOR COUNCIL ACT'.ON STAFF REPORT The city's a new MOU. through June include: negotiators have The MOU will be 30, 1989. The reached agreement with AFSCME on in effect from July 1, 1988, financial highlights of the MOU Wages 3% increase effective July 4, 1988 PERS 2% additional city contribution effective January 2, 1989 Health Insurance $18.50 additional city contribution effective January 2, 1989 Shift Differential 5~ an hour increase effective July 4, 1988 Several other changes were incorporated in the MOU, however, their fiscal impact is negligible. GRJ/jr 08/03/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 GRJ/ jyr 27 08/03/88 28 Resolution No. RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL EMPLOYEES BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY AFSCME. WHEREAS the designated representatives of the Mayor and Common Council met and conferred in good faith with representatives of AFSCME, Local 122 representing the unit of general permanent employees of the city of San Bernardino in accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new Memorandum of Understanding (MOU) ; WHEREAS such meetings resulted in agreement on an MOU (EXhibit A) effective July 1, 1988, through June 30, 1989; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours and working conditions for employees in the General Employees bargaining unit of the City of San Bernardino. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1988, by the following vote day of to wit: / / / / / / / / / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 GRJ/jyr 27 08/03/88 28 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL EMPLOYEES BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY AFSCME. AYES: council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1988. Mayor of the city of San Bernardino Approved as to form and legal content: !~?~ ty Attorney -. TABLE OF CONTENTS ARTICLE I ADMINISTRATION Section 1 Section 2 Section 3 Section 4 Section 5 Management Rights Contract Services Agency Personnel Rules Safety Committee Labor-Management Committee ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Recognition/Union Security No Strike Payroll Deduction for Union Dues Grievance Procedure Union Representation Employee Lists Skelly Rights Non-Discrimination Personnel Files Bulletin Boards ARTICLE III COMPENSATION Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Wages PERS Overtime Higher Acting Classification Pay Call-Back/Stand-By Assignment & Pay Shift Differential Personal Tool Replacement Allowance Fines Bilingual Pay ARTICLE IV FRINGE BENEFITS Section 1 Section 2 Section 3 Section 4 Health/Life Insurance Uniforms and Rain Gear Education Tuition Assistance Parking Facilities -i- Page 1 2 3 4 5 6 6 7 8 10 13 15 15 16 17 18 20 20 20 20 21 22 25 26 27 28 28 28 31 32 36 . ARTICLE V LEAVES 37 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Vacations 37 Holidays 40 Sick Leave 43 Payment for Unused Sick Leave 47 Injury Leave 47 Leave of Absence Without Pay 49 Witness Leave 52 Blood Donations 52 ARTICLE VI WORKING CONDITIONS 53 Section 1 Section 2 Section 3 Section 4 Work Periods 53 Physical Examinations 54 Probationary Period 54 Seniority 55 ARTICLE VII GENERAL PROVISIONS 57 Section 1 Section 2 Section 3 Section 4 Section 5 Waiver Clause 57 Severability 57 Printing of Memorandum of Understanding 58 Term of Memorandum of Understanding 58 Notice of Intent to Reopen 58 Exhibit 1 60 -ii- ARTICLE I ADMINISTRATION Section 1 Management Rights This Memorandum of Understanding (M.O.U.) 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 adopting this M.O.U., except to the extent that the provisions of this M.O.U. specifically curtail or limit such rights, powers, and authority. Furthermore, the City retains all its exclusive rights and authority under the City Charter, ordinances, resolutions, state and federal laws, and expressly and exclusively retains its management rights, which include but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of selection for employment 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 JFW:ss 8-31-88 1 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 and change the number of work locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; assign work to and schedule employees in accordance with requirements as determined by the City and establish 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 carry out its mission in emergencies, and to exercise complete control and discretion over its organization and the technology of performing its work. Section 2 Contract Services It is not the intent of the City to cause employees to lose their jobs because of a decision to contract work. However, if a decision is made by the City to contract work not now contracted, and that decision will result in change in the work status of employees in the AFSCME representation unit, prior to JFW:ss 8-31-88 2 concluding the research and analysis necessary for the implementation of such a decision, the City will meet and confer in good faith concerning the manpower resource considerations involved and receive recommendations from the Union to reduce the impact upon jobs performed by unit employees. Section 3 Agency Personnel Rules It is understood and agreed that there exists within the City past practices and in written 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 Common 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 as defined by the Mayor and Common Council, in which cases the Union will be consulted with as soon as possible after the changes. JFW:ss 8-31-88 3 Any departmental work rules initiated, established, and promulgated by the City 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 at the employee's election The City shall make reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly applied. Section 4 Safety 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 City Administrator and Director of Risk Management 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. JFW:ss 8-31-88 4 The Committee is expected to meet no less than once a month at a time agreeable to all members. Upon completion of reviews by the Committee of accidents/incidents, the Committee will make recommendations for corrective measures to establish safer working conditions and may recommend disciplinary action. It is of mutual benefit to the City and to the employee to be fully aware of and comply with all safety rules and regulations. The City, Union and employees agree to work towards preventing job-related injuries to employees and damage to both public and private property. Section 5 Labor-Management Committee The Labor-Management Committee shall continue for the term of this M.O.U. Its continuing purpose is for the discussion of common problems that are not addressed in other existing procedures. The Union shall designate 3 representatives to serve on the Committee from different departments. The City shall also designate 3 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 3 Committee members to the Director of Personnel each July. JFW:ss 8-31-88 5 ARTICLE II EMPLOYER - EMPLOYEE RELATIONS Section 1 Recognition/Union Security 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 10 of City Resolution No. 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 themselves, such member shall be requested to provide the Union and the City with a signed statement waiving the right JFW:ss 8-31-88 6 - to Union representation in such matters. Section 2 No Strike It is the purpose of the M.O.U. for the parties hereto, to confirm and maintain the spirit of cooperation which has existed between the City and the employees of the City. It is recognized that any work disruptions are unproductive to City operations and services provided to its citizens. The Union and the City agree that they shall at no time or in any way jeopardize the public health, welfare, and safety of the City's business and residential communi ties. Thus, the Union and the City will strive to promote a harmonious relationship between the parties to this M.O.U. that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work at any time during the term of this M.O.U. Section 3 Payroll Deduction for Union Dues The City agrees to provide Union dues deductions for Union members only as long as the Union remains the exclusive representative for the employees within the bargaining unit. Conversely, no other employee organization shall be permitted JFW:ss 7 8-31-88 - 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 the authorized payroll deduction card as a monthly sum certified to the City by the Secretary of the Union as the regular monthly Union dues and insurance fees. The amount of dues shall be affixed to each authorization card by the Union. A letter of authorization, signed by the Union's 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, 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 JFW:ss 8-31-88 8 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 members shall remain as members in good standing of said Union for the duration of this M.O.U. except as provided for in this article. 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. The Union shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City in regards to employee organization dues. In addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of supporting evidence. JFW:ss 8-31-88 9 Section 4 Grievance Procedure Definition of employee grievance: A grievance is an alleged violation of the terms of this M.O.U. or of the laws, ordinances, resolutions concerning or affecting wages, hours or other conditions of employment. Whenever the grievance procedure is used under this M.O.U., it will be the 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 Director of Personnel, 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 representative 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 JFW:ss 8-31-88 10 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 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 JFW:ss 8-31-88 11 appeal and shall deliver his/her 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 acceptable impasse procedure, including but not limited to mediation, conciliation or advisory arbitration. The grievant must 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 M.O.U. or the resolutions governing the employer-employee relations program but JFW:ss 8-31-88 12 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 the basis of the Union's original demand. Likewise, any adjustment not appealed by the employee or his/her designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Time lines as above may be extended by mutual agreement only. Section 5 Union Representation When requested by an employee, a steward may investigate any alleged or actual grievance in the jurisdiction to which a steward has been assigned, or elsewhere in the City if specifically 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 understanding that the time will be devoted to JFW:ss 8-31-88 13 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. A steward will not be granted time off, nor compensation for the purpose of handling grievances outside the unit of representation which the Union has been exclusively recognized within the City. A steward may be allowed leave of absence without pay by the Mayor and Common Council to attend Union training courses and Union conventions if the department head concurs. A ratio of one 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 Union 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 will not be recognized by the JFW:sS 8-31-88 14 City, other than for a steward who has left the bargaining unit or City employment. Section 6 Employee Lists The City agrees to provide the Union a list of names of the employees in the bargaining unit on a quarterly basis commencing with the adoption of this M.O.U. Section 7 Skelly Rights It is mutually agreed that the City subscribes to the concept and application of progressive discipline. Discipline shall be imposed upon an employee only for just cause. If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. When an action for suspension or termination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefor, and will be provided with a copy of the charges including material on which the action was based. Employees have the right to Union representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown Act). JFW:ss 8-31-88 15 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. 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. Section 8 Non-Discrimination The City and the Union agree that there shall be no discrimination against employees within the bargaining unit because of race, color, creed, religion, national origin, sex, age, marital status, 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 JFW:ss 8-31-88 16 handicap without danger to the health and safety of the physically handicapped person or to others. Section 9 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 Department of Fair Employment and Housing 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 material 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 leaving the jurisdiction of the supervisor. Any detrimental material shall not be used after 18 months from the date of placement of such. Such files shall not contain a copy of any JFW:ss 8-31-88 17 disciplinary action against an employee. (3) Employees and/or their authorized representatives, if authorized by the employee, shall have the right, upon 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 the 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. Section 10 Bulletin Boards The City will provide adequate space on bulletin boards in each department/division for the purpose of the Union posting notice of pertinent Union business. The Union agrees that JFW:ss 8-31-88 18 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. JFW:ss 8-31-88 19 ARTICLE III COMPENSATION Section 1 Wages A 3.0% salary increase for all employees subject to this M.O.U. shall become effective the first full pay period in July, 1988. The salary schedule for classifications subject to this M.O.U. is attached as Exhibit 1. Section 2 PERS Effective July 1, 1988, the City will pay 4% of the employee's contribution to the Public Employees' Retirement System (PERS), credited to the employee's personal account as a fringe benefit. Effective the first full pay period in January, 1989, the City will pay 6% of the employees' contribution to PERS, credited to the employee's personal account as a fringe benefit. Section 3 Overtime All employees in the General Unit (exempt as well as non-exempt) will receive overtime based on the requirements of the Fair Labor Standards Act (FLSA). Overtime work shall not be authorized unless the JFW:SS 8-31-88 20 head or designated division head, who shall thereupon obtain the approval of the Mayor or City Administrator prior to authorizing 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 III - Section 5. Section 4 Higher Acting Classification Pay Upon approval by the City Administrator, a department/division head may assign or reassign a qualified employee within the bargaining unit to discharge the duties of a higher classification when a position is vacant, or in the a absence of the incumbent. An employee so assigned in writing by the department/division head with the approval of the City Administrator shall receive acting duty pay starting on the sixth consecutive day of each acting duty assignment. No acting duty pay will be paid for the first 5 days of each acting duty assignment except for those employees who can prove that they have served a total of 20 days in a higher acting classification during the previous 24 months, based upon their official personnel department records. The entire period of assignment at JFW:ss 21 8-31-88 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. Section 5 Call-Back/Stand-By Assignment & Pay 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 employee shall be paid for the time actually worked in accordance with Article III - Section 3. 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 JFW:ss 8-31-88 22 -..- work hours, the Union and the City hereby agree that the following is compensation in full for the hours of work of the employee when in such 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 For all 7 days during a work week 10 work hours AND For any holiday, as described in this Resolution, during which the employee stands by for all or any portion of the 24 hour day. 1 extra work hour per holiday - added to the above The hours described above will be treated as time worked and paid at the rate of time and one-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 shall also be paid at the FLSA overtime rate of time and one-half. General Unit Call Back Pay: An employee cannot be in stand-by status and call-back status at the same time. Employees not formally assigned to 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 of time and one-half unless the JFW:ss 8-31-88 23 employee has worked less than 40 hours in the work week due to use of paid or unpaid sick time. Department heads may, however, pay at the FLSA overtime rate of time and one-half regardless of sick time taken in unusual circumstances at their discretion. In such cases, the employee will be paid straight time. The general unit employees covered by this M.O.U. are not so severely restricted in their activities while in stand-by status as to be "working while 'on call'" as that term is used in the Fair Labor Standards Act 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. POLICE EMPLOYEE COURT SUBPOENA TIME: If a police department General Unit employee receives a work related court subpoena for which they are placed on standby, he/she will receive 2 hours of pay for all or any portion of a 24-hour day on which the employee is required to be in such standby status. The Union and the City agree that 2 hours of JFW:ss 8-31-88 24 compensation is compensation in full for the hours of work of said employee during standby. The 2 hours compensation is, and will be paid as, time worked and at the appropriate straight time or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any time actually worked pursuant to such subpoena. It is hereby agreed by and between the parties hereto that the general unit employees covered by this provision, are not so severely restricted in their activities while on standby status as to be "working while 'on call'" as that term is used in the Fair Labor Standards Act 29 CFR 785.17. Section 6 Shift Differential Effective the first full pay period in July, 1988, 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 $.25 per hour extra for all hours actually worked during such assignment; or JFW:ss 8-31-88 25 B. An employee assigned to the "graveyard" shift (normal start and ending time of 12 midnight to 8:00 a.m., respectively) shall receive $.35 per hour extra for all hours actually worked during such assignment. C. The provisions of subsection A and B immediately above notwithstanding, the following personnel shall receive the following additional compensation for work as the "swing" or "graveyard" shifts: Police Record Clerks: Police Records Clerk II $0.3872 per hour Police Records Clerk I Police Clerical Trainee $0.3555 per hour $0.3007 per hour Section 7 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 $200.00 per year, per employee. Only those employees in the following position classifications shall be entitled to such allowance: ( 1 ) (2 ) Central Garage Division Mechanics & Servicemen Engineering Traffic Signal Electricians (3 ) Park, Recreation & Community Services Plumbers Construction & Maintenance Personnel (4) Public Buildings Division Maintenance Personnel Electricians I & II JFW:ss 8-31-88 26 (5) Fire Department - Garage Division Mechanics Claims against the above tool replacement allowance shall be honored provided when 1) the personal tools had been required by the City; 2) the tool had been marked and inventoried by the employee; 3) a report of such inventory had been filed with the department head; and 4) said tools had been properly maintained. Tools stolen or damaged 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 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 M.O.U., 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 SlOO to assist in making such purchase. Section 8 Fines The City shall pay for court fines imposed upon any permanent general employee within the unit of representation as a JFW:ss 8-31-88 27 result of his/her conviction of a violation as a result of being directed to operate any faulty vehicle or equipment, where such fault is the proximate cause of the violation. Section 9 Bilingual Pay 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 receiving bilingual pay shall be reviewed annually to determine that bilingual duties assigned to an employee are being performed on a regular and frequent basis. The designated employees may be tested annually for certification and recertification. Not more than 12 employees of the entire City may be designated to receive bilingual pay. ARTICLE IV FRINGE BENEFITS Section 1 Health/Life Insurance A. Effective July 1, 1988, employees without eligible dependents will have $105 per month as cafeteria monies to spend JFW:ss 8-31-88 28 on City approved benefit plans. Employees with eligible dependents will have $180 per month as cafeteria monies to spend on City approved benefit plans. Effective the first full pay period in January, 1989, employees without eligible dependents will have $123.50 per month as cafeteria monies to spend on City approved benefit plans. Employees with eligible dependents will have $198.50 per month as cafeteria monies to spend on the City's approved benefit plans. Purchase of dependent health, dental or vision insurance is required in order to have access to the City's contribution. 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 enrollment only, except for new dependents or the loss of a dependent(s) through divorce, death or a child exceeding the maximum age for eligibility under a plan. C. It is incumbent upon the unit member to complete the cafeteria plan form, available in the City's personnel office, in order to receive cafeteria benefits. Cafeteria forms completed will be processed with the payroll for full month JFW:ss 8-31-88 29 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 wi thin the bargaining unit, $5,000 life and accidental death and dismemberment plan insurance coverage at no cost to the employee. JFW:ss 8-31-88 30 Section 2 Uniforms and Rain Gear A. The City shall provide uniforms for the following position classifications: JFW:ss 8-31-88 (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 (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 Parking Control Checker (7) Parks, Recreation & Community Services: Maintenance Plumbing Technician Maintenance Plumber (8) Refuse: All Permanent Field Personnel 31 (9) Animal Control: Animal Control Officer Animal Health Technician Animal Shelter Attendant Senior Animal License Checker (10) Police and Fire General Employees: All permanent personnel in the bargaining unit as designated by the appropriate Chief. B. 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 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. C. The City shall provide uniforms to any employee required to wear a uniform. Section 3 Education Tuition Assistance A. Purpose The education tuition assistance program has been established to encourage the employees of the City to take college courses and special training courses which will better enable them to perform their present duties and prepare them for JFW:ss 8-31-88 32 increased responsibilities, and to provide financial assistance to eligible employees for education and training. B. Procedures The employee must gain course approval from the department head and the Director of Personnel prior to the start date of the course, to be eligible for reimbursement under this program. 1. An employee who desires to seek tuition reimbursement under the provisions of this Section 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 2 below) is also required in advance--i.e., prior to the star~ date of the course. 2. 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 or Personnel for advance approval. 3. 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. JFW:ss 8-31-88 33 4. The employee will submit his/her copy of the approved application to the personnel department for reimbursement within 3 months after completion of the course and final grade has been received. The employee must include official certification 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 3 months following completion of the the course become void. C. Eligibility 1. Applications for tuition reimbursement will be considered only from full-time, permanent personnel employees who have completed probation. 2. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as the GI Bill, scholarships, and similar sources. 3. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. 4. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his/her job may be reimbursable only after all required occupationally related courses have been completed. (For example, a fire engineer 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 JFW:ss 8-31-88 34 is required for the degree. The history course may qualify or tuition reimbursement because the degree is related to the employee's job.) D. Reimbursement 1. 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. 2. Costs for required texts are eligible for 50% reimbursement. The employee may retain the books. 3. 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 $125. Summer session shall be counted as a separate "semester" for purposes of this provision. 4. Employees shall be limited, for purposes of tuition reimbursement to a maximum of 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. 5. 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. 6. Approval will be limited to courses given by JFW:ss 8-31-88 35 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. 7. 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. Section 4 Parking Facilities The City agrees to meet and confer with the Union in the event there are any future costs imposed upon employees for parking. JFW:ss 8-31-88 36 ARTICLE V LEAVES Section 1 Vacations A. All employees within the bargaining unit covered by to annual paid vacations as this M.O.U. shall be entitled follows: Completed years of Continuous Service* 1 year*** 5 years 15 years 20 years Rate of Accrual Equivalent per month** Days per year 0.8330 working 10 working days days 1.2500 working 15 working days days 1. 6670 working 20 working days days 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 voluntary and involuntary termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours which have been accrued but not used. In the event said employee has been permitted to take vacation which exceeds 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. JFW:ss 8-31-88 37 B. The amount of accrual shall not exceed the specified number of days granted per year. C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation. D. 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 consecutively 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 5 work days. Department heads shall not unreasonably delay responses to employee vacation requests. Nothing in this article shall be construed to prevent a response to the employees request before the expiration of 5 work days. The vacation period to which any employee shall be entitled shall be assigned by the department head in the calendar year when due, except when the department head, with the approval JFW:ss 8-31-88 38 of the Mayor, determines that an emergency or other valid factors prevent the employee from utilizing his/her vacation during the calendar year when due. Should this occur the employee's vacation should be rescheduled at the very earliest mutually acceptable date. E. Upon termination, payment for earned vacation, or deduction for unearned vacation shall be made on the basis of the hourly rate of pay being received by the employee on the date of termination. F. Whenever the terms "year" or "years of employment" appear herein, they shall be deemed to include all services for the City, the San Bernardino City Board of Water Commissioners, and the San Bernardino Free Public Library Board. G. The employee shall not lose any vacation time off due to action by the City. H. Vacation credits may be taken off in increments of not less than 1/2 day with prior department approval. 1. Continuous service defined: Whenever the term llyear of employment" or "continuous service" appear in this M.O.U., it shall be deemed to mean that employees compensated on a monthly basis shall have completed 10 months 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 JFW:sS 8-31-88 39 return to service. This section shall not apply to employees who have not completed one year of actual compensated employment. J. When an employee returns to work after a break in "continuous service" as defined above, and when such break in "continuous service" shall have been by leave of absence with the approval of the Mayor and Common Council, vacation time shall not accrue during such break in "continuous service" but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. Section 2 Holidays A. All unit members shall be entitled to 13 holidays each year. The following days will be holidays for the purpose of this M.O.U.: 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 2 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 JFW:ss 8-31-88 40 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 floating hOlidays. In the event of the employee's failure for any reason to take such floating holidays during the term or this M.O.u., the employee shall not be entitled to compensation for floating hOlidays. The department head will not unreasonably withhold permission to take time off. with the exception of those employees shown in the following All fUll-time employees within the bargaining unit, 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- mentioned hOlidays, except as provided herein, he/she shall off at full pay, as approved by the department head. receive pay at the regular rate and shall be allowed another day 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. to be received shall be based on the availability of funds and The decision as to whether in-lieu time off or pay is JFW:sS 8-31-88 41 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: Veteran's Day, November 11, the Friday after Thanksgiving Day; and the holidays observed the day before Christmas and the day before New Year's Day. Said employees shall receive an additional 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. D. HOlidays listed above shall be allowed on a Monday if any such holiday falls on Sunday, and shall be allowed on the preceding Friday if such holiday falls on a Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays. E. Holidays earned in any 12 month period may not be accumulated beyond that total number of holidays allowed each year by this M.O.U. JFW:sS 8-31-88 42 Section 3 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, daughter, uncle, aunt, mother-in-law, father-in-law, sister-in- grandmother, grandfather, mother, father, sister, brother, son, law, brother-in-law, son-in-law, daughter-in-law, step parents, step children. unit member for each absence for purposes of attending the Not more than 5 days of sick leave may be granted to a funeral of a member of the employee's immediate family. The City may 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. 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 justify a sick leave of 5 consecutive days or longer. request, an employee must provide a physician's statement to department head finds, with just cause, that sick leave is being If the abused, the employee may be required to submit a doctor's statement. No absence due to illness or injury in excess of 5 JFW:ss 8-31-88 43 No absence due to illness or injury in excess of 5 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/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 M.O.U. 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 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 4 hours after the time set for beginning his/her daily duties, or as may be specified by his/her department head. When an absence is for more than one work day, JFW:ss 44 8-31-88 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, the employee must take any vacation not utilized due to illness or injury during the next calendar year. Whenever the term "service of City" appears herein, it shall be deemed to include all service of the City, 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 the 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 which is compensable under Article V - Section 5, shall receive their full salary, wages or compensation for a period of 1 day for each month of continuous service; provided that such salary, wages or compensation shall cease upon the exhaustion of all accumulated JFW:ss 8-31-88 45 compensation shall cease upon the exhaustion of all accumulated sick leave; and further provided that sick leave shall not accumulate while unit members are being compensated under Article v - Section 5 of this M.O.V. 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 V - Section 2. Sick 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 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. Sick leave may be accumulated without limit. Approved vacation, sick leave, hOliday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. Whenever the employee uses all allowable sick leave, JFW:ss 8-31-88 46 department head approval, the employee may take loss of pay rather than vacation. Section 4 Payment for Unused Sick Leave The City shall pay employees for unused sick leave upon retirement or to the estate/beneficiary of any such employee who dies during employment. Payment for 50% of accumulated, unused sick leave 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.). Section 5 Injury 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, JFW:ss 8-31-88 47 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. 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 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 JFW:ss 8-31-88 48 selected by the City and the physician selected by the employee, a third physician shall be mutually agreed upon between the employee and the City to examine the employee, to assist in making necessary medical determinations. If an employee is receiving disability payments, he/she shall be entitled to use only as much sick leave or vacation as, when added to the disability payments, will provide for a full day's pay. Section 6 Leave of Absence Without Pay Leave of Absence without pay is a temporary non-pay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the Mayor and Common Council for a period not to exceed 6 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. Examples of or conditions for which a leave of absence without pay may be granted are: JFW:ss 8-31-88 49 (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 1 year of service to qualify for leave of pay; (6) For Union activities, upon designation by the President of Council 36. 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 abandonment of the position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted consistently therewith. The City's contribution towards an employee's health and life insurance 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 JFW:ss 8-31-88 50 first 15 days of the month, nor beyond the last day of the next succeeding month if the leave of absence without pay becomes effective after the 15th 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, she/he may arrange to pay the insurance premiums for the coverage desired (both the employee and the employer portions). It is the responsibility of the employee to contact the City's payroll section in this regard. The payment of the amount of the premiums must be made to the City's payroll section prior to the date on which the City's participation will terminate. Payments must be made monthly thereafter 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 1st and the 15th day of the month, or on the first day of the next succeeding month if the leave of absence without pay terminates after the 15th 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 JFW:ss 8-31-88 51 due to any injury or illness arising out of and in the course of his/her employment with the City. Section 7 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 24 hours of receipt. Section 8 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 JFW:ss 52 8-31-88 appointing authority to receive this benefit. ARTICLE VI WORKING CONDITIONS Section 1 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 2 weeks notice of any proposed changes in scheduled work shifts prior to implementation. If the Union wishes to consult with management regarding the proposed changes, it shall notify the City within 5 working days from receipt of notice. Upon notification by the Union, both parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any JFW:sS 8-31-88 53 ....-- problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances which disrupt normal City operations as determined by the department head are not bound by the 2 week notice requirement. Section 2 Physical Examinations The City shall pay medical fees for the physical examination of any unit member within the unit of representation when such examination is required and directed by the City after employment. The City may arrange with a physician or medical group for such examination; or if the situation warrants, the City may authorize an employee to be examined by a doctor of his/her choice. In the event an employee is authorized to be examined by a doctor of his/her choice, reimbursement shall be made by the City for the cost thereof provided, however, that the amount of the reimbursement shall not exceed the cost the City would have paid its contract physician or medical group. Section 3 Probationary Period All new or newly promoted employees must serve a 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, all of which employees shall serve a 1 year probationary period. JFW:ss 8-31-88 54 Section 4 Seniority Department heads will consider seniority in authorizing vacations, scheduling shift assignments and transfers. Seniority shall prevail when all other factors are not significantly different. All factors is defined as special qualifications, skillS, work performance as well as attendance and safety. An employee shall not attain seniority until the completion of a probationary period upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event of layoffs due to lack of work or funds, that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless he/she possesses special qualifications or whose loss of skills would adversely affect the public welfare or has superior work performance that can be documented. Emergency, temporary and provisional employees shall be laid off in that order prior to the layoff of permanent employees in the same class. In a department where there is more than one class having equal rates of compensation, any probationary or regular employee subject to layoff under this rule shall in lieu thereof, be allowed a transfer to a position in one of the other classes of equal compensation for which he/she possesses the minimum requirements of knowledge, skill and experience provided JFW:ss 8-31-88 55 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 transferred to an equal class under this Section shall have the right for 2 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/she possesses the minimum requirements of knowledge, skill and experience for such vacancy and such rights shall take precedence over the regular employee or promotion lists. An employee so reinstated from the 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. JFW:ss 8-31-88 56 ARTICLE VII GENERAL PROVISIONS Section 1 Waiver Clause process which resulted in this M.O.U., each had the unlimited The parties acknowledge that during the meet and confer 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 herein. Therefore, the City and the Union for the life of this M.O.U. each voluntarilY and unqualifiedly waives the right meet and confer and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to, or covered in this M.O.U., or with respect to any subject or matter not specifically referred to or covered in this M.O.U 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 M.O.U. Section 2 to all current and future applicable federal and state laws and severability It is understood and agreed that this M.O.U is subject 57 JFW:sS 8-31-88 regulations and the current provisions of the charter, ordinances, resolutions and other rules and regulations of the City. If any part or provision of this M.O.U is in conflict or inconsistent with such applicable provisions of those federal, state or City enactments, or its is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and Superseded by such applicable law or regulations, and the remainder of this M.O.U. shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the M.O.U. Section 3 Printing of Memorandum of Understanding The City shall pay the cost of printing the M.O.U. The City shall distribute the M.O.U. to the bargaining unit and new employees. Section 4 Term of Memorandum of Understanding JUly 1, 1988, and ending on June 30, 1989. This M.O.U. will be in effect for the period commencing Section 5 Notice of Intent to Reopen The parties agree that, if either party desires to propose changes in the terms or conditions of this M.O.U for the JFW:ss 8-31-88 58 period following expiration of this M.O.U., notice shall be given to the other not later than the last working day of February, 1989, 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. AFSCME, Council 36, Local 122, AFL-CIO Mayor, City of San Bernardino ATTEST: City Clerk JFW:ss 8-31-88 59 EXHIBIT 1 10 S.'\LARY RA~GE A~lD STEPS CLASS!?ICATION TITLE 11 (1049) 1072 1125 1133 1244 1306 Messenger 12 (1057) 1183 1244 1306 1374 1442 Police Clerical Trainee Typist Clerk I 13 (1065) 1374 1442 1516 1591 Account Clerk I 1306 14 Cashier I Library Service Technician 15 Printing Services Assistant Telephone Operator 16 Typist Clerk II 17 (067) 1340 1407 1480 1552 1632 Custodian 11 (069) 1374 1442 1516 1591 1672 Cashier II Library Clerk 19 (071) 1552 1632 1708 Lead Custodian 1407 1480 20 (1073) 1516 1591 1672 1759 Account C1erk.II 1442 21 Affirmative Action Clerk Parking Citation Coordinator 22 Personnel Clerk I Police Records Clerk I 23 Purchasing Clerk Senior Animal License Checker ' 24 Typist Clerk III 25 (074) 1461 1535 1612 1692 1780 Animal Shelter Attendant Park Maintenance Worker I 26 Recreation Program Coordinator , 27 I 21 - 60- 1 , '" I i I - 'I , 'i 4 , :1 5 I I 6 I i 7 S 9 10 11 12 13 I" 1.5 16 17 11 19 20 21 22 23 24 25 26 27 28 (1075) 14S0 1552 1632 1708 1S03 (1077) 1516 1591 1672 1759 1S47 (107S) 1535 1612 1692 1780 1870 (1079) 1552 1632 li08 18C3 IS94 (10S0) 1574 1652 1737 1824 1916 (1081) 1591 1672 1759 1847 1943 (1082) 1612 1692 1780 1870 1965 (1083) 1632 1708 1803 1894 1989 (1085) 1672 1759 1847 1943 2038 - 6C) iL. Sto~~k~eper A~i~31 Shelter Office Specia- list Co~?oser/Bindery Clerk Co~?13int Oesk Coordinator Pe~sonne1 Clerk II S:~.'ographer Building Maintenance Worker M3i~t~nance Worker I Refuse Operator I Ti:e Repair Worker Data System Operator Lead Storekeeper police Fleet Maintenance Ex- peditor Police Property and Supply Assistant Methods and Standards Expedi- tor I Offset Press Operator Police Records Clerk II Secretary Park Maintenance Worker II Collector Dispatcher I Emergency Service Representa- tive Employment Intake Specialist Identification Technician I parking Control Checker police Ass istant Account Clerk III Animal Control Officer Animal Health Technician Deputy City Treasurer (0) Electrician I Maintenance Painter Maintenance plumber I Survey Party Technician I Traffic Sign Painter 1 ~ - ~ ~ 4 s 6 7 8 9 10 11 U 13 14 15 16 17 II 19 20 21 22 ~ 24 ~ 26 n 21 I , ~ I I I (1086) 1692 1780 1870 1965 2064 I I (lC37) 1;03 130: 1514 :939 2)89 1 !I I I I , I I I t (lCe9) 1753 :34~ 19~3 2038 2142 ~ (1090) 1780 1870 1?55 2064 2168 (1091) 1803 1894 1939 2089 2195 (1092) 1824 1916 2014 2117 2222 (1093) 1847 1943 2038 2142 2251 (1094) 1870 1965 2064 2168 2278 (1095) 1894 1989 2089 2195 2306 (1096) 1916 2014 2117 2222 2335 (1097) 1943 2038 2142 2251 2364 - 6cb ~ain:enance Worker II ?ar< Maintenance Worker III Refwse Operator II 3ui:jin9 Maintenance Mechanic CO~~Jni:y Services Representa- :i~~ Ris~ ~anagement Specialist Wor~e:s'Compensation Specia- 1~3: Di5~a:cher II Sen~o: Affairs Coordinator Senior Secretary Staff Analyst I Motor Sweeper Operator Equipment Mechanic I Police Property and Supply Technician ; Abatement Coordinator Business License Inspector (0) Methods and Standards Expedi- I tor II Draftsperson Junior Librarian Library Computer Laboratory Coordinator Survey Party Technician II Maintenance Worker III Park Maintenance Leadworker Refuse Operator III Tree Trimmer Identification Technician II Maintenance Carpenter Heavy Bquipment Operator Auto Body Repairperson Maintenance Plumber II Staff Analyst II Welder 7 8 9 10 11 12 13 14 15 16 17 II 19 20 21 22 23 24 25 26 'J:1 21 , , 1 2 (1099) 1989 20S9 2195 2306 2423 I, 'i ! I I 2117 ,I (11DO) 2CU 2222 ""'1-1- 2~5~ ':',)..J I " (: ~ J: ) ;f'I;l;::) 214 : 2" - , :364 2~S4 'I -......- .). (:B3) :::; ...., '=I::: ... ... 1"\ - 1423 2546 " L...._.,/ L~u':l " 1/ 11 (1U5) ::42 .., .., :: , 2J6~ ~-i8~ 2609 .......-'... I, 'I II 3 . s 6 (1107) 2195 2306 2423 2546 2674 <1l0S) 2222 2335 2454 2578 2710 (1109) 2251 2364 2484 2609 2742 (1113) 2364 2484 2609 2742 2882 (1115) 2423 2546 2674 2Sl1 2952 (1116) 2454 2578 2710 2847 2990 (1118) 2515 2643 2778 2917 3064 - 60 Q. El~ctrician II Librarian TraffIc Signal Electrician I Leaj ~aintenanc~ Worker Sur~ey Party Technician III Equi?~~~t Mechanic II ACcountant Electrical & HVAC Mechanic Electronics Technician Em?lo~ent Services Liaison P~rsonnel Technician Public Services Project Co- ordinator Real Property Specialist Lead Equipment Mechanic Library Outreach Officer Senior Librarian Civil Engineering Assistant I Code Compliance Officer Construction Inspector Pire Prevention Inspector General Building Inspector Landscape Inspector Rehabilitation Specialist Traffic Signal Electrician II Planner I Crime Analyst Liability Claims Specialist Loan Officer Safety Officer Park Projects Coordinator Senior Code Compliance Officer Senior Building Inspector Senior Real Property Specia- list Senior Rehabilitation Specia- list Plan Checker . ., 1 .., ~ 'I 3 'I 3l3~ ,! <112ll 2609 2742 2as2 3025 ~ 'I S I :' (1122) 26':3 2778 2917 3,: 6': 3219 6 II (1123 ) 2 -- . 231l :95 : 3"! ,.... ~ 3260 o,~ _v_ 7 I (1128) 2847 2990 314C 3299 3467 8 II I , i I - 6$ a. Comm~nity Development Specia- list Planner II Civil Engineering Assistant I Housing Development Speciali: Civil Engineering III" Assista~.,