HomeMy WebLinkAbout14- Human Resources 14.a
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Consent Calendar
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City of San Bernardino
moo' Request for Council Action
Date: June 21, 2017 w
To: Honorable Mayor and City Council Members
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From: Mark Scott, City Manager /�` 0.
By: Helen Tran, Director of Human Resources w
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Subject: Memorandum of Understanding (MOU) Between the City of
San Bernardino and Employees in the Middle Management
Bargaining Unit Represented by Teamsters Local 1932
Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino,
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California Approving a Memorandum of Understanding (MOU) between the City of San 0
Bernardino and employees in the Middle Management Bargaining Unit represented by
Teamsters Local 1932.
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Background
The City's negotiating team has met and conferred in good faith with the Middle
Management Unit employees represented by Teamsters Local 1932, regarding the M
terms and conditions of employment for the period commencing July 1, 2017 through
June 30, 2020. The parties met and conferred for a total of ten (10) sessions beginning
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December 14. 2016. The terms and conditions of a comprehensive MOU reached are O
consistent with the City's Fiscal Plan as approved by the bankruptcy court. W
The key elements of the agreement include:
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✓ 3-year agreement commencing July 1, 2017
✓ Wages: 2% COLA increase effective July 15', for each year of the 3 year
agreement
✓ Health Care Insurance: City will contribute an additional $75/per month 5
towards health care insurance for each year of the 3 year agreement 3
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✓ CalPERS Pension: Employees contribute 9.304% towards the cost of
retirement d
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✓ Sick Leave Accrual Cap: Cap at 1040 hours E
✓ Sick Leave Payout: Maximum sick leave payout of no more than 35% of
accrued post-petition sick leave, or about 364 hours.
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✓ The City agrees to conduct a comprehensive classification and
compensation study to be conducted during the 3 year of the agreement.
Any adjustments may be addressed in subsequent MOUs z
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On June 14, 2017, the Middle Management membership, represented by Teamsters V)
Local 1932, ratified the tentative comprehensive MOU reached by the City and the
Middle Management negotiating teams and it is recommended that the attached a
Resolution be adopted. The City's negotiations team supports and recommends the E
approval of this Memorandum of Understanding.
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Fiscal Impact 2
The total cost for the comprehensive MOU Agreement is deemed to be generally
consistent with the City's Fiscal Plan adopted by the Mayor and City Council on May 18,
2015 and filed with the Bankruptcy Court on May 29, 2015. There is a slight change for N
the City's health benefit contribution that creates a minor increase to the ongoing cost of a
the Fiscal Plan but the myriad of "gains and losses" of the various line items are
sufficient to absorb this amount of$93,600 over the three years of the MOU Agreement. c
With this item, the overall cost of the MOU Agreement for the full three years of the term E
will not exceed $534,686. Costs associated with Fiscal Year 2017/18 have been =
included in the budget presented to the City Council for consideration throughout the c
budget process and concluding with its adoption at this same meeting. E
Attachments M
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Attachment 1 — Resolution, Exhibit A— Memorandum of Understanding LO
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Ward: �
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Synopsis of Previous Council Actions:
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On July 18, 2012, the Mayor and Common Council directed the filing of a Petition =
under Chapter 9 of the United States Bankruptcy Code following the adoption of a
Declaration of a Fiscal Emergency in the City of San Bernardino. Such Petition
was filed on August 1, 2012. 2
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On November 26, 2012, the Mayor and Common Council adopted the Pendency
Plan, Resolution 2012-27, which included the Fiscal Year 2012/13 and Fiscal Year o
2013/14 General Fund Budgets and incorporated the Pre-Pendency Plan adopted
on September 5, 2012.
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On January 28, 2013, the Mayor and Common Council adopted Resolution No. y
2013-18 adopting terms and conditions of employment for the Middle Management
Unit Employees Represented by the San Bernardino Public Employees
Association (SBPEA), consistent with certain provisions of the City's Pendency c
Plan, adopted by the Mayor and Common Council on November 26, 2012. E
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On August 5, 2013, the Mayor and Common Council adopted Resolution 2013-
239, approving the terms and conditions of employment for the Middle E
Management Unit employees represented by the San Bernardino Public
Employees Association (SBPEA), consistent with certain provisions of the City's
pendency plan, adopted by the Mayor and Common Council on November 26, o
2012 by Resolution No. 2012-278.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A MEMORANDUM O
3 UNDERSTANDING (MOU) BETWEEN THE CITY OF SAN BERNARDINO AND
EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT REPRESENTED
4 BY TEAMSTERS LOCAL 1932 C
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WHEREAS, the designated representatives of the Mayor and City Council w
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("City") met and conferred in good faith with representatives of Teamsters Local 1932 0
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("Union") representing the Middle Management Employees of the City of San
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Bernardino, in accordance with the provisions of Government Code §3500-3510 et seq., 0-
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to agree upon a new Memorandum of Understanding (MOU); and
10 WHEREAS, a total of twelve (12) meetings within the timeframe of December OE
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2016 to June 2017 resulted in an agreement on an MOU.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
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OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: 0
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SECTION 1. The wages, hours and working conditions for employees in the w
16 Middle Management bargaining unit of the City of San Bernardino, included in Exhibit A, a
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a copy of which is attached hereto and incorporated herein, are hereby approved t<-
18 ig effective July 1, 2017 through June 30, 2020.
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19 SECTION 2. The Director of Human Resources is authorized to update the
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20 Salary Schedule in Appendix A to reflect the COLA adjustments effective July 1 for each
? year of the 3 year agreement;
22 SECTION 3. The Director of Finance is authorized to amend the FY 201711 3
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23 budget to reflect these actions. 2
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A MEMORANDUM O -a
2 UNDERSTANDING (MOU) BETWEEN THE CITY OF SAN BERNARDINO AN
EMPLOYEES IN THE MIDDLE MANAGEMENT BARGAINING UNIT REPRESENTEDr
3 BY TEAMSTERS LOCAL 1932 5
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 2
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Mayor and City Council of the City of San Bernardino, California, at a meeting thereof, LU
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held on the day of , 2017, by the following vote, to wit:
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COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
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10 MARQUEZ -
BARRIOS E
11 VALDIVIA
12SHORETT E
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13 NICKEL
14 RICHARD C1
MULVIHILL
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Georgeann Hanna, City Clerk
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18 The foregoing Resolution is hereby approved this of
2017.
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21 R. Carey Davis, Mayor
City of San Bernardino
22 Approved as to form: w
Gary D. Saenz, City Attorney
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24 By: £
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EXHIBIT "A"
MIDDLE MANAGEMENT
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EMPLOYEES
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MEMORANDUM
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UNDERSTANDING
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TEAMSTERS, LOCAL 1932
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July 1 , 2017, to June 30, 2020 2
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TABLE OF CONTENTS
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Article/Section Title Page N
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Resolution No. Implementation of Memorandum of Understanding ........ 1 0
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Definition of Terms3 W
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ARTICLE I ADMINISTRATION .....4
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Preamble.........................................................................4 a,
Section 1 Management Rights........................................................4 E
Section 2 Agency Personnel Rules.................................................4
Section 3 Labor-Management Committee ......................................5
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ARTICLE II EMPLOYER-EMLOYEE RELATIONS............................ 6
Section 1 Recognition "-
Section 2 No Strike E
Section 3 Payroll Deduction .................6
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Section 4 Employee Rights ............................................................ 7
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Section 5 Classification...................................................................7 E
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ARTICLE III COMPENSATION ........................................................... 8
Section1 Wages............................................................................. 8 0
Section 2 Actin Pa ........ 8
Section 3 Shift Differential............................................................... 9
Section 4 Wage Differential 9 z
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Section 5 PERS ............................9
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Section 6 Overtime =
Section 7 Employee Court Subpoena Time.................................. 12
Section8 Fines............................................................................. 12 a
Section 9 Special Certification Pay............................................... 12
Section 10 Personal Tool Replacement Allowance......................... 13 E
Section 11 On-Call Status............................................................... 13 °'
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ARTICLE IV FRINGE BENEFITS...................................................... 14
Section 1 Health/Life Insurance 14
Section 2 Uniforms........................................................................ 16 M
Section 3 Reimbursement— Professional/Job Related Activities.. 16
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ARTICLEV LEAVES........................................................................ 17
Section 1 Vacation 17
Section 2 Holidays........................................................................ 19
Section 3 Sick Leave ....................................................................20 d
Section 4 Payment for Unused Sick Leave................................... 22 r
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Article/Section Title Page
Section 5 Leave of Absence without Pa
Section 6 Sick Leave Sell Back.......... 23 :5
Section 7 Post Employment Health Plan (PERP) .........................24
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ARTICLE VI WORKING CONDITIONS ............................................. 24 2
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Section 1 Working Conditions 24 E
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ARTICLE VII GENERAL PROVISIONS...................................................................25 5
Section 1 Waiver Clause...............................................................25
Section 2 Severability ................................................................... 25
Section 3 Printing of Memorandum of Understanding................... 25 S
Section 4 Term of Memorandum of Understanding ......................25
Section 5 Notice of Intent to Reopen ............................................26 12
Section 6 New Employee Information...........................................26
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SIGNATURE PAGE27 0
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Index ................28
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EXHIBITS E
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Exhibit 1 Side Letter to Agency Personnel Rules U)
Exhibit 2 Authorization for Checkoff for Union Dues Form o
Exhibit 3 Resolution
APPENDICES w
Appendix A Classifications and Salary Ranges for Employees a
Included in the City of San Bernardino's Middle
Management Unit—Teamsters, Local 1932 a
Appendix B MOU Provisions to be Included as Part of the City
of San Bernardino's Uniform Policies E
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DEFINITION OF TERMS
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City: The City of San Bernardino r
Classification: Includes titles listed in Appendix A that may be modified a
during the term of this MOU through the City's budgetary o
process and/or through reorganization or reclassifications. E
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Exclusions: Excluded from the Middle-Management Unit for purposes of o
representation are: Classification titles designated as 0
management/ confidential, general or safety positions
established and created under federal contract and E
temporary, part-time provisional and probationary
individuals.
Middle Includes titles listed in Appendix A
Management Additional titles in the Middle-Management o
Unit: Unit may be established by the Mayor and City Council. Also E
reference "Exclusions" above.
Mandatory and "Shall" is mandatory; "may" is permissive. E
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Permissive: �
MOU: Memorandum of Understanding
Regular Full-Time An Employee who has been appointed to a Regular, Full-
Time position and has completed his/her probation period. w
Employee:
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Union: The exclusive bargaining representative for the Middle-
Management Unit. Q
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ARTICLE ONE - ADMINISTRATION
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Preamble — Parties to the Memorandum of Understanding (MOU) 5
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This Memorandum of Understanding (MOU) is made and entered into by and a
between the City of San Bernardino ("City") and the MIDDLE MANAGEMENT c
EMPLOYEES represented by the Teamsters Local 1932 ("Union"), and those E
employees occupying the classifications listed in Appendix A as may be amended W
during the term of this MOU. o
Section 1 - Management Rights
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This MOU shall not be deemed to limit or curtail the City in any way in the exercise a
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 MOU specifically curtail or
limit such rights, powers and authority. Furthermore, the City retains all its exclusive D
rights and authority under City Charter, ordinances, resolutions, state and federal law c
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, c
commissions and boards; set standards of selection for employment and promotions; c
directs its employees; establish and enforce dress and grooming standards; determine d
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 Ln
methods, means and numbers and kinds of personnel by which government operations o
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 w
work force and allocate and assign work by which the City operations are to be
conducted; determine the change and the number of work locations, relocations and Q
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 a
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 E
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 and 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. 3
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Section 2—Agency Personnel Rules 0
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
applicable City of San Bernardino Municipal Code; The City of San Bernardino Uniform
Personnel Rules and Policies, as amended; Resolution No. 10584, Establishing Uniform a
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and Orderly Methods of Communications Between the City and its Employees for the
Purpose of Promoting Improved Employer-Employee Relations, as amended, and, 70
Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee d
Relations, as amended, which documents will continue in effect, except for provisions
modified by the City Council in accordance with federal or state laws, orders,
regulations, official instructions or policies.
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During the term of this MOU, the City may adopt, change or modify work rules or a
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those rules impacting wages, hours, and other terms and conditions of employment W
("work rules"). Whenever the City changes work rules or issues new work rules, it will o
notify the Union ten (10) working days prior to their effective date, except in emergency g
situations. A copy of the rules or policy will be sent to the Union at the beginning of the
ten (10) day period, in order that the Union may meet and confer regarding such rules E
with the City before they become effective, if the Union so requests.
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The City represents that in implementing Section 508 of the City of San Bernardino's
new Charter that became effective on January 31, 2017, the following provisions of the D
previous MOU between the City and the Union, dated July 1, 2006 to June 30, 2009, o
shall be included as part of the City's uniform policies: E
a) Article I, Section 4, Contract Services
b) Article II, Section 4, Grievance Procedure E
c) Article II, Section 5, Non-Discrimination
d) Article 11, Section 8, Bulletin Boards Ln
e) Article II, Section 9, Access to Personnel Records c
f) Article IV, Section 3, Tuition Reimbursement Ln
g) Article V, Section 5, Injury Leave
h) Article V, Section 7, Witness Leave z
i) Article V, Section 9, Catastrophic Leave
j) Article V, Section 12, Jury Duty L)
k) Article VI, Section 2, Physical Examinations
1) Article VI, Section 3, Drug and Alcohol Testing a
m) Article VI, Section 4, Seniority
n) Article VI, Section 5, Probationary Period E
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The City acknowledges that the above mentioned Sections affect working conditions
and, accordingly, these sections will be attached to this Agreement as Appendix B and
will be considered as part of this MOU and as such are subject to the grievance
provisions in this MOU. In addition, these Sections will also be included as part of the
City's uniform personnel policies and/or part of the City of San Bernardino's Municipal
Code. r
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Section 3 - Labor-Management Committee 0
The Labor-Management Committee shall be established for the purpose of d
discussing common problems that are not addressed in other existing procedures. The
Union and the City shall each designate up to three (3) representatives to serve on the
Committee from different departments. The Committee will select a chairperson who will a
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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. Either the
City or the Union may request a meeting with the Labor-Management Committee to =
review issues. Upon request, the other party agrees to meet in an attempt to clarify and
resolve the issues. The Union will provide a list of the Committee members to the
Director of Human Resources each January and July. Guests and/or speakers will be c
allowed to attend based on advance notice to the City and mutual agreement. E
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ARTICLE TWO - EMPLOYER-EMPLOYEE RELATIONS 0
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Section 1 — Recognition
The City hereby acknowledges that the Teamsters Local 1932 has been and is
recognized by the City as the exclusive representative for the Middle Management Unit D
employees for purposes of meeting and conferring on wages, hours, and other terms c
and conditions of employment and for all other matters related to employer-employee E
relations for these purposes. _
The granting of "exclusive" recognition shall not preclude employee self- E
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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. CO
Section 2— No Strike
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It is the purpose of this MOU for the parties hereto, to confirm and maintain the spirit
of cooperation, which has existed between the City of San Bernardino and the a
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 a
they shall at no time 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 E
promote a harmonious relationship between the parties to this MOU that will result in rn
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. Should any
curtailment or restriction of work take place, paid leave benefits (sick leave, vacation,
etc.)will not be available during such periods of time.
Section 3— Payroll Deduction
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It is agreed that Union membership dues, agency fees, insurance and premiums for r
plans sponsored by the Union shall be deducted by the City from each employee's d
payroll check who files a written authorization requesting that such deduction be made.
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The City shall not be liable to the Union, employees or any other persons by reason V
of the requirements of this Article for the remittance of any sum other than that 2
constituting actual deductions made from the employee's earned wages. The Union r
shall hold the City harmless for any and all claims, demands, suits, orders, judgments,
or other forms of liability that may arise out of or by reason of action taken by the City
under this Article. In addition, the Union shall refund to the City any amounts paid to it inCD
error, upon presentation of supporting evidence. o
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Dues deductions shall be in an amount according to the Bylaws of Teamsters Local
1932 for each member. Any change in the amount of dues deducted shall be by written o
authorization from the Union with 30 days' notice to the City Finance Department of any 2
change in the amount of dues to be deducted.
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All unit members who were members of the Union on July 1, 1999, and those
employees who thereafter become members shall remain as Union members in good 12
standing for the duration of this MOU, except as provided herein.
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During the first full week of April, members may request in writing to the Finance c
Department, with a copy to the Union to withdraw their authorization for dues deduction, E
which shall become effective at the beginning of the first payroll period in June.
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Section 4— Employee Rights 0
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A. Employees of the City have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of CO
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representation on all matters of employer-employee relations, including but not limited
to: wages, hours and other terms and conditions of employment. Employees of this City
shall have the right to refuse to join or participate in the activities of employee w
organizations and shall have the right to represent themselves individually in their
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employment relations with the City. No employee shall be interfered with, intimidated,
restrained, coerced or discriminated against by the City or by employee organizations
because of the exercise of these rights. a
B. The City, through its representatives, shall meet and confer in good faith with E
representatives of formally recognized employee organizations regarding matters within
the scope of representation, including wages, hours and other terms and conditions of
employment.
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Section 5— Classification
Classification review is a management tool to ensure the accurate reflection of tasks 3
and duties in each City position for the purpose of recruitment, compensation and o
organizational structuring. The City shall notify the Union in writing on all classifications g
and changes to classifications to this unit within ten (10) working days after such
changes have been approved by the Mayor and City Council. New and revised d
classification specifications shall be sent to the Union within the same time frame. r
Employees who believe they are performing duties of a higher level outside of their r
current classification, and who believe they have been unable to resolve the situation a
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satisfactorily, shall have the right to appeal their issue via the current grievance
procedure.
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ARTICLE THREE - COMPENSATION N
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Section 1 —Wages o
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Effective July 1, 2017, or the date that both the Union and the Council have ratified w
and approved this MOU, but not before July 1, 2017, the salary ranges for all unit
members shall be increased by two percent (2%) to reflect a cost of living adjustment 2
(COLA).
Effective July 1, 2018, the salary ranges for all unit members shall be increased by two
percent(2%) as a COLA.
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Effective July 1, 2019, the salary ranges for all unit members shall be increased by two D
percent(2%) as a COLA. o
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All salary ranges as set forth in Appendix A shall be amended by the City Council in
accordance with these provisions. c
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The City and the Union agree to complete a classification and salary study
("Study") during fiscal year 2019-2020 or the third year that this agreement is in effect.
The purpose of the Study will be to review current Union employee classifications and o
propose revisions that provide fair and rational internal and external relationships. A
joint job evaluation/compensation committee will be established to review the Study
recommendations and develop a plan for implementing the study. The City and the w
Union agree to address any salary adjustments to individual classifications during fiscal
year 2020-2021 and any adjustments may be implemented in a subsequent MOU. Any a
salary equity adjustments to individual classifications will be considered with any
across-the-board salary adjustments as to the total cost of bargaining unit salaries. a
Annual salary adjustments, which may include equity adjustments resulting from the
Study, will be based upon availability of funds and will be evaluated in the context of the E
City's long term financial plan that has been confirmed by the Bankruptcy Court. a,
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Section 2—Acting Pay
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A Middle-Management employee who is assigned acting (complete) responsibility in
the absence of his/her superior by the Department Head and approved by the City
Manager shall be paid for same as follows: 3
The rate of pay shall be a step on the range of the higher position, which allows the
"acting" employee at least a five percent (5%) increase. The employee shall be paid
from the first day of such assignment. To be eligible for acting pay, unit members
shall: 1) perform the full range and majority of the duties in a higher-level classification
that is unfilled or vacant due to resignation, termination, promotion, an extended leave
of absence, or other emergency circumstances; 2) not perform any of the duties of their a
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own job classification while working in the higher level classification; 3) perform the full
range and majority of the higher classification duties for a full working day based upon
the unit member's work schedule; and, 4) perform the higher classification duties for a
minimum of ten (10) cumulative work days.
As a further condition of receiving the higher-level acting pay, the Department
designee must complete required Personnel Action Forms (PAFs) and the Department o
Head and City Manager must approve the request. E
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Section 3— Shift Differential E
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All employees assigned to shift work, within the bargaining unit assigned to the
communications division, 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.
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A. An employee assigned to the swing shift (normal start and ending time of 4:00
p.m. to 12 midnight, respectively) shall receive $85 per month extra for all hours actually o
worked during such assignment; or, E
B. An employee assigned to the graveyard shift (normal start and ending time of 12
midnight to 8:00 a.m., respectively) shall receive $120 per month extra for all hours E
actually worked during such assignment. g
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C. Any employee who is permanently assigned to the swing or graveyard shift will o
receive the additional monthly pay. The additional pay will only begin and end on the 1 st
and the 16th of the month. Whenever permanent swing or graveyard shift employees
work overtime on another shift, their hourly pay will include the additional monthly pay. w
D. Any non-swing/graveyard shift employees who work overtime in a swing or a
graveyard shift will only be paid at the regular rate of pay (no additional differential pay).
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E. The Departments, by memo, will inform Payroll which employees are
permanently assigned to swing and graveyard shifts and should receive the additional E
monthly pay. Permanent is defined as being assigned for 30 calendar days or more.
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Section 4— Wage Differential
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All Mid-Managers shall receive payment at the step in the salary range which is not
less than five percent (5%) above his or her highest paid subordinate. _
Section 5— PERS 3
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Union members are provided retirement benefits under the California Public
Employees' Retirement System (CaIPERS) as follows: E
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Tier I: 2.7% @ 55 Benefit Formula for employees hired on or before
October 3,2011; a
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Tier II: 2% @ 55 for employees hired on or after 10/4/11 through 12/31/12;
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Tier III 2% @ 62 for new employees hired on or after January 1, 2013, that
meet the definition of"new member" under the Public Employees' y
Pension Reform Act (PEPRA)
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Employee Share. Effective 2/1/2013, all Tier I and Tier II employees shall pay the E
employee's share of the retirement contribution, either 8% for the 2.7@ 55 formula or w
7% for the 2%@ 55 formula. Effective 1/1/2013, Tier III employees shall pay the
employee contribution required by the PEPRA, calculated at 50% of the normal cost. g
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Employer Share. Effective 2/1/2013, all employees shall contribute 9.304% (either
1.304% or 2.304% depending whether the employee rate is 8% or 7%) of their salary �
toward the employer cost of retirement in accordance with Section 20516 of the
California Government Code a
D
The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit. c
E
For Tier I and II employees, the final compensation retirement calculation shall be
based upon their single highest year of compensation eamable as provided under c
Section 20042 of the California Government Code. The compensation earnable period E
for Tier III PEPRA employees will be three years.
LO
The City and the Union acknowledge that the PEPRA laws and regulations shall govern N
a determination of whether employees are hired as "new members" or "classic or
legacy" members.
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Section 6— Overtime
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The following three paragraphs (Administrative Leave, Emergency Operations
Center and Fluctuating Schedules) apply to all unit employees with the exception of a
classifications covered under the federal Fair Labor Standards Act (FLSA): c
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A. Administrative Leave: 4),
_
1. Unit employees will receive forty (40) hours of administrative leave on July 1 2
of each year this MOU is in effect. Unused Administrative Leave may not be carried
forward from year to year and shall not be paid for at any time except as provided in
A(2) below, employees receiving Administrative Leave shall not earn any additional time r
off or other compensation for overtime work, except as described below. 3
D
2. Additional administrative leave may be granted up to a maximum of twenty
(20) hours by a request in writing, including justification, recommended by the
employee's department head, and approved by the City Manager (or the Elected Official E
in non-manager directed departments) each fiscal year. At the discretion of the City r
Manager, upon request by the employee's department head, prior to the close of the
a
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fiscal year, a maximum of twenty (20) hours may be carried over to the following fiscal
years. Administrative Leave has no cash value and shall not be paid out at any time.
d
B. Emergency Operations Center (EOC): The City will pay straight time overtime to unit
members assigned to work beyond their regular shifts, when the City's Emergency
Operations Center (EOC) is open, when such assignments result from a federal or a
state-declared disaster declaration and when the overtime worked is expected to be _o
reimbursed to the City by federal, state and/or other funding sources. a
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C. Fluctuating Schedule: In the event that Unit members must work beyond their o
regular shift or must work on a regularly scheduled day off to provide support for
prescheduled special events, the Department Head or designee has the discretion to
implement a fluctuating schedule, whereby the employees will work on the
prescheduled special event, in exchange for equivalent time off during the same pay
period. Each Department head shall consider any request of an employee as to
preference for taking the equivalent time off.
D. FLSA: Article III, Section 6 A, shall not apply to the following positions that are c
eligible to receive overtime under the Fair Labor Standards Act (FLSA): Dispatcher E
Supervisor; Traffic Signals & Lighting Supervisor; Police Records Supervisors; Athletic
Field Maintenance Specialist; Parks Maintenance Supervisor; Associate c
Engineer/Traffic; Construction Manager; Maintenance Supervisor/Streets Operation & E
Maintenance; Maintenance Supervisor/Right of Way Crew.
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E. Only hours actually worked shall be counted for purposes of calculating eligibility for o
overtime compensation, as appropriate. Approved witness leave and jury duty, as set
forth in the MOU will be counted as actual hours worked. F
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F. Classifications covered by the FLSA shall have the option to participate in a
compensatory time bank.
a
G. Compensatory Time Bank: When an employee works overtime, he or she shall earn a
overtime at the FLSA rate. Following prior approval of overtime as described above, the
employee will either be paid for the overtime worked, or the number of overtime hours E
worked will be placed in a compensatory time bank based on the employee's request.
The Finance Department (Payroll) will track the compensatory time accrued and used
and the compensatory time balance will appear on the employee's paycheck.
Department Head approval will be required in order for employees to use time from the V
compensatory time bank. .a
H. Once an employee's compensatory time bank reaches eighty (80) hours, the 3
employee will be paid for all subsequent overtime worked. By the end of each calendar D
year, an employee's compensatory time bank must be reduced to forty (40) hours. Any g
hours in the compensatory time bank in excess of forty (40) hours as of January 1 of
each year will be paid at the employee's regular rate of pay and will be included on the
second paycheck in March. s
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I. If the employee terminates employment or if the employee is promoted to another
position in the City, the compensatory time bank will be paid off at the then current rate
of pay. (D
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Section 7 - Employee Court Subpoena Time y
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A. All City employees appearing in court on their day off for a work-related court c
subpoena will receive compensation for the actual time spent in court, with a three (3) E
hour minimum. Additionally, employees will receive one-half (1/2) hour travel time for "'
going to court. Employees will be reimbursed for all parking fees associated with the o
court appearance. g
B. In the event an employee is placed on standby on their day off for a work-related
court subpoena, the employee will receive three (3) hours standby pay for each day on o
a standby status. L
d
C. For morning standby subpoenas where employees are called to court and do not D
go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours c
standby along with one-half (1/2) hour of travel time. If employees have to appear in =
court after the noon recess, the actual additional time along with one-half (1/2) hour of
travel time will be added to the three (3) hours standby. In cases where the subpoena c
is for 1:30 p.m. or another time, the standby will start with the time stated on the E
subpoena.
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D. All court-related compensation will be paid as time worked and at the appropriate o
straight time, or where applicable, at the FLSA overtime rate. Such compensation is in
addition to compensation for any prior time actually worked pursuant to such subpoena.
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Section 8— Fines
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The City shall pay for court fines imposed upon each regular Middle-Management F
employee within the unit of representation as a result of his/her conviction of a traffic a
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 E
provided that such violation did not result from improper or negligent operation of the
vehicle on the part of the employee.
Section 9 - Special Certification Pay
Employees in the following classifications: t
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A. Senior Code Enforcement Officers; Equipment Maintenance Supervisors; o
Forensic Specialist III; Parks Maintenance Supervisor; and Library Network g
Administrator shall receive, in addition to their regular compensation, $50 a month
payment ($25 paid each pay period) for obtaining and maintaining any of the following
certifications: r
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ICBO or AACE Certificate a
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ASE designation of Master Certified Mechanic
Certified Pesticide Applicators Permit/License
Certified Playground Safety Inspector d
IN — Certified Latent Print Examiner w
IN — Certified Crime Scene Investigator S
Professional Land Surveyor's License
VMware Certificate c
Firewall Certificate 0.
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It shall be the responsibility of the department and the employee to provide Payroll o
with a copy of their certifications and or renewal. 0
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Certificate pay is limited to $50 per month per eligible employee.
c
Section 10 - Personal Tool Replacement Allowance
d
The City shall provide a tool replacement allowance for damaged, lost or stolen D
personal tools in an amount not to exceed $500.00 per year, per employee. The City will o
provide insurance coverage for Fleet Mechanic Supervisors' tools, if the entire toolbox is E
stolen from the City property.
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Claims against the above tool replacement allowance shall be honored provided E
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 o
damaged through no fault of the employee will be replaced by the employee and
reimbursement thereof will be made by the City after submission of an appropriate City
form accompanied by an approved invoice or receipt. Requests shall be submitted w
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 a
the City as above, shall be turned into the Department Head and shall become the
property of the City. a
c
During the term of this MOU, all new employees to the City hired as Supervising E
Equipment mechanics, 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 $500.00 to assist in
making such purchase.
Employees seeking reimbursement under this Section will provide receipts and r
back-up information and will submit requests on forms provided by the City.
D
Section 11 — On-Call Status 0
For purposes of this section, the term on-call means that the unit member must be d
available for contact by telephone, and/or radio and be able to report to and work within r
thirty (30) minutes after notification. A Department Head may assign any unit member .2
to serve on-call in accordance with the needs of the department provided the following a
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conditions are met: 1) all assigned employees shall receive overtime pay if called into
work regardless of their exempt or nonexempt status; 2) the employee is not on
authorized vacation or sick leave; 3) volunteers for on-call will be considered before r
assigning other employees. r
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An on-call period will commence on the end of the working day on Thursday and will a
continue through the end of the working day of the following Thursday. Unit members o
designated by the Department Head to be on-call will be compensated for seven (7) E
hours at their regular hourly rate for each on-call period of duty. A unit member may w
elect to take time off at his/her regular hourly rate of pay in lieu of payment. If the unit o
member elects to take time off rather than to be paid, he/she must schedule the time off
within the following pay period and the proposed time off schedule must be approved by
the unit member's supervisor. When a unit member is required to physically respond to
a call, he/she will be compensated at one and one half times his/her regularly hourly
rate commencing from the time that the call was received and ending at the time of 0.
return to his/her place of residence, but in no instance shall the unit member receive
less than two (2) hours for the call out. A unit member who fails to respond to a call or n
is unable to report to work while assigned on-call duty may be subject to disciplinary o
action. E
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ARTICLE IV- FRINGE BENEFITS E
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Section 1 — Health/Life Insurance o
A. For Plan Year (Calendar Year) 2018, the City will contribute $880.00 per month
toward health care premiums for the Employee + One dependent or Family coverage. w
For calendar year 2018, the City shall contribute $605.00 per month toward health care =
premiums for employees with Employee Only coverage. a
For Plan Year (Calendar Year) 2019, the City will contribute $955.00 per month a
toward health care premiums for Employee + One or Family coverage and $680.00 for
Employee Only coverage. E
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For Plan Year (Calendar Year) 2020, the City will contribute $1,030.00 per month
toward health care premiums for Employee + One or Family coverage and $755.00 for
Employee Only coverage.
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The amount of the City's contribution is based on the selection of the "medical"
enrollment category. If an employee elects "employee only" medical coverage, then the 3
"employee only" allowance is provided to the employee. Any contribution not utilized by
the employee shall revert to the City. 0
B. Insurance benefits available for purchase by employees include: medical, dental,
vision, and supplemental life and accidental death and dismemberment insurance.
Unless otherwise specified, City contributions cannot be used for any voluntary benefits
offered to unit members. a
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m
C. An employee must purchase insurance offered through the City in order to
utilize the contributions described in Section A above. d
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D. Employees may use any of the amounts described in Section A to purchase y
any/all of the insurance benefits described in Section B. d
0
E. Cafeteria monies may be redesigned or a change of plans may be made in E
accordance with the rules established by the insurance plan selected by the W
employee. 5
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F. The City shall provide each employee with $10,000 basic life insurance and rn
$25,000 Accidental Death and Dismemberment (AD&D).
G. An employee who does not want to enroll in any health care plan offered by the
City must provide evidence of health care insurance coverage, and execute a "Waiver
of Benefits and Release Agreement" releasing the City from any responsibility or liability D
to provide health care insurance coverage on an annual basis. Employees who elect to 0
waive the City's health care insurance may receive a stipend as shall be determined by E
the City on an annual basis. The parties acknowledge that the stipend for calendar year =
2017 is $2,500 and will be paid in one payment on or about December 15, 2017. c
Thereafter, for the term of this MOU, health care stipends in an amount of$3,000 will be E
paid to those employees who elect to waive the City's health care insurance will be paid
in December of the Plan Year. Health Care stipends are not considered compensation
for purposes of CalPERS retirement calculations and are subject to federal and state o
withholding taxes.
H. The Union agrees to participate in the City's Joint Labor-Management Health w
Benefits Committee ("Committee") to evaluate, on an annual basis, City-wide plan
designs for health care. All plan designs and City contributions shall be effective on
January 1" annually. During the term of this MOU, the City intends to review health
care provider options especially in light of potential changes to the current Affordable a
Care Act ("ACA"). During the term of this MOU, City reserves the right, and the Union c
agrees, to reopen this MOU on providers and/or any provision in this Section. E
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I. All full-time, regular employees will be covered under the City's Long Term
Disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan
premiums for full-time, regular employees during the length of this MOU.
J. All full-time, regular employees will be covered under the City's Short
Term Disability (STD) insurance plan. Benefits under this plan will begin on the 61 st day
of disability. D
0
K. Employees must be in a paid status for fifteen (15) consecutive days, in any
given month, to receive the benefits of this Article, unless the employee is on a
qualifying approved leave, such as Family Medical Leave, and is eligible for benefit
continuation under applicable State or Federal law. Members who have been
suspended or discharged pending an administrative appeal shall be eligible for a
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continuation of benefits pending final disposition of the disciplinary matter by the City's Z
Personnel Board. V
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Section 2— Uniforms
_
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If an employee is required to wear uniforms or any type of safety or protective
devices as a condition of employment, such uniforms or protective devices shall be c
furnished to the employee at no cost to the employee. E
III
The City reserves the right to determine the manner in which the work uniforms and 6
protective devices are provided, to select the uniform rental service (as applicable) and
to select the style and color of the uniforms/protective devices. o,
Section 3— Reimbursement for Professional and Job Related Activities
U)
A. Purpose. a
1. To encourage unit members to attend job-related courses, programs, c
training, conferences, classes, and memberships in professional organizations that will ;
better enable them to perform their present duties and prepare them for increased
responsibilities. c
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2. To provide financial assistance to eligible employees for job related
training and professional development.
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3. To establish eligibility requirements, conditions, and procedures
whereby such assistance may be provided.
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B. Eligibility.
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1. Applications for reimbursement will be considered only from unit
members/employees who have completed five (5) years of service with the City. a
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2. Applications will be approved only for courses, conferences, and E
memberships directly related to the employees' job or directly related to a promotional rn
position in the employee's occupational specialty. R
3. Any reimbursement under this Section must be preapproved in
accordance with the procedures set forth below. In order to be eligible for
reimbursement under this Section, employees must complete appropriate r
documentation on forms provided by the Finance Department. 3
D
C. Reimbursement Procedures. The City will reimburse bargaining unit members 0
for job-related courses, programs, training, conferences, classes, and memberships in
professional organization as follows:
1. Employees with 5-10 years of service: Up to $500.00/year
2. Employees with 11-15 years of service: Up to $1,000.00/year
3. Employees with 16 or more years of service: Up to $1,500.00/year a
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Reimbursement under this Section is dependent upon available Departmental funds
that have been budgeted for each fiscal year.
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D. Procedures. To qualify for reimbursement under this Section, employees shall N
comply with the procedures set forth below:
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1. An employee who desires to seek reimbursement must complete E
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the appropriate forms as provided by the Finance Department and submit the W
documentation to his/her Department Head for advanced approval. o
2. The Department Head will recommend approval or disapproval
based upon job relatedness and available budget funds and will forward the request to
the Finance Department if the request has been approved.
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ARTICLE V- LEAVES
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Section 1 —Vacation
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A. All employees covered by this MOU shall be entitled to paid vacations as follows: E
Completed Years of Rate of Accrual Per Pay Equivalent Hours
Continuous Service* Period Per Year o
1 Year** 3.333 hours 80 hours
5 Years 5.0 hours 120 hours z
15 Years 6.667 hours 160 hours W
20 Years 8.33 hours 200 hours
*Service year begins on initial date of employment in a full-time regular status.
**No vacation granted or accrued if service is less than one year.
d
B. The amount of accrual shall not exceed the specified number of hours granted
each year.
C. Employees shall not be permitted to work in their City position in lieu of taking
vacation in order to receive additional compensation.
D. Except as provided herein, vacation time shall not accumulate or be allowable or
payable beyond the calendar year when due. Vacation credits may be accrued and 3
accumulated up to a maximum of two (2) years total accumulated vacation credits, upon 0
approval of 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, E
no vacation or portion thereof from a prior year shall run consecutively with the vacation
of a succeeding year; and, a period of three (3) or more months should normally elapse a
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between the expiration of one (1) year's vacation and the commencement of the next
year's vacation.
d
The vacation period to which any employee shall be entitled shall be assigned by E
the Department Head in the calendar year when due, except with the Department Head,
with the approval 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. 2
Should this occur, the employee's vacation should be rescheduled at the very earliest E
mutually acceptable date. Vacation requests will not be unreasonably denied. W
5
E. Upon termination, payment for unearned, but unused vacation, or deduction for g
used, but unearned vacation, shall be made on the basis of the hourly rate of pay being
received by the employee on the date of separation. E
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F. When an employee returns to work after a break in continuous service, and when
such break in continuous service shall have been by leave of absence with the approval
of the Mayor and City Council, vacation time shall not accrue during a break in
continuous service, but shall accrue from the date of return to service from such c
approved leave of absence, based upon the total length of service of the employee. E
c
G. Whenever the terms "year or years of employment" appear herein, it shall be c
deemed to include all services for the City of San Bernardino. Years of employment do E
not refer to participants in federally funded, temporary programs, e.g., Job Training
Partnership Act(DTPA). LO
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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 four (4) hours, with prior W
Department Head approval, unless Department work rules permit use in lesser
increments. 0
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J. In the event an employee is compensated for less than fifty percent(50%)of the a
payroll period, he/she shall not be credited with any vacation accrual for that pay period.
E
K. Employees may sell back up to forty(40) hours of vacation time per year M
provided the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120)
hours in their vacation balance before sell back occurs.
L
2. Employees must have taken a consecutive one (1) week vacation 3
during the past year prior to the sell back of hours. D
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2
3. Employees must complete a vacation sell back form, which must
include a Department Head signature.
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4. Forms must be submitted to the Finance Department on or before
April 1 st of each year. a
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d
5. Payment for vacation sell back hours will be paid (using the current g
Council approved salary rates in the salary resolution) on the d
employee's May 15th paycheck each year. 5
Section 2— Holidays
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A. City-Designated Holidays: All full-time employees within the bargaining unit, with E
the exception of those employees mentioned in the following paragraphs shall be W
entitled to twelve (12) City-designated holidays, the equivalent of up to one hundred and o
twenty holiday hours each year depending upon the employee's work schedule as
defined in Article VI, Section 1 of this MOU. The following days will be holidays for the a�
purpose of this MOU:
_
New Year's Day 12
President's Day o
Martin Luther King, Jr. Day D
Memorial Day o
Independence Day E
Labor Day
Traditional Veteran's Day c
Thanksgiving Day E
Day after Thanksgiving
Christmas Eve Day ,t;
Christmas Day c
New Year's Eve Day
Plus eighteen (18) hours of Holiday Account time per year(See Subsection B). w
B. All full-time employees within the bargaining unit, with the exception of those a
employees shown in the following paragraph, shall be allowed the above holidays at full
pay when such holidays occur within the regularly assigned working periods provided a
they are in a paid status during any portion of the working day immediately preceding or
succeeding the holiday. E
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C. Effective January 1St of each year that this MOU is in effect, Unit Members will
receive eighteen (18) hours in their Holiday Account (formerly known as Floating
Holidays). Unit Members may maintain a balance of more than eighteen (18) hours in
their holiday account during the fiscal year; at June 301h of each year, only eighteen (18)
hours will be carried over to the new fiscal year, which begins on July 1St. Any Holiday 2
Account hours over eighteen (18) hours at June 30th will be lost. New employees will 3
receive eighteen (18) hours in their Holiday Account following successful completion of :3
his/her one year probationary period and, thereafter, on January 1St of each year this
MOU is in effect.
d
D. Employees who, due to scheduling, must work on a recognized City holiday will
be compensated on the basis of the number of hours worked on said holiday, excluding r
lunch/dinner break. The hours accruing to the employee's holiday account for that day a
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a�
shall not exceed either eight (8), nine (9), or ten(10) hours depending upon the
employee's work schedule.
d
If a holiday occurs on a normal day off for an employee, the employee shall receive
no additional pay.
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d
The decision as to whether in-lieu time off or pay is to be received shall be based c
on the availability of funds and needs of the department, as determined by the E
Department Head. 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 (1) year of o
the date said in-lieu time was earned.
rn
E. On or about November 30th of each calendar year, the City Manager shall
determine, and the Human Resources Department will distribute, the schedule of a
specific days that the above holidays will be observed. For example, holidays as listed
above may be allowed on a Monday, if any such holiday falls on Sunday, and may be
allowed on the preceding Friday, if such holiday falls on a Saturday for all employees
except those covered by other provisions therein. c
E
F. Holidays earned in any twelve (12) month period may not be accumulated =
beyond the total number of holidays allowed each year by this MOU. c
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G. Upon separation from the City, employees shall be paid for ninety percent (90%)
of his/her current holiday account. M
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0
Section 3- Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of W
illness or injury, exposure to contagious disease, attendance upon a member of his/her =
immediate family who is seriously ill and requires the care of or attendance of an a
employee or death in the immediate family of the employee.
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1. Sick Leave Usage for Family Members: Bargaining unit members may use
unlimited accrued sick leave for the care of an immediate family member. Immediate E
family member means husband, wife, grandmother, grandfather, mother, father, sister,
brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law,
cc
daughter-in-law, son-in-law, or domestic partner.
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2. Sick Leave Usage for Employees: Upon the department's request, an
employee must provide a physician's and/or health care provider's statement to justify a
sick leave of forty (40) consecutive hours or longer. Employees suspected of abuse or 3
excessive use of sick leave may also be required to furnish a written statement from o
their health care provider supporting the use of sick leave and/or the ability to return to
work. r
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No absence due to illness or injury in excess of forty (40) hours shall be
approved, except after the presentation of satisfactory evidence of illness or injury. A
certificate from a practicing physician or an authorized practicing chiropractor may be a
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required by the Department or Division Head and shall be subject to his/her approval c
concerning such absence. The City Manager and/or his/her designee shall have the
power to require that any person claiming the sick leave benefits of this MOU be =
examined at any reasonable time or intervals by a designated physician, and in the
event of an adverse report, to reject such claim for sick leave in whole or in part, and to
terminate sick leave compensation. In the event of the refusal of any person to submit to d
such examination after notification, the City Manager and/or his/her designee may c
terminate sick leave compensation and reject any claim therefore. The City Manager E
and/or his/her designee shall have the right to require the presentation of a certificate w
from a practicing physician or the designated physician stating that an employee is o
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, employees shall R
notify their immediate supervisor or designee prior to or within thirty (30) minutes of the
time set for beginning their daily duties or as may be specified in department/division
work rules. Sick leave with pay shall be granted to all regular employees and to all
temporary full-time employees whose positions are funded under federal law who are c
regularly employed in permanent or federally funded positions if such benefit is required ;
by said federal law. Sick leave shall not be considered as a right which an employee
may use at his/her discretion, but shall be allowed only in case of necessity and actual c
personal sickness or disability, except as otherwise provided herein. d
Whenever the term "service to the City" appears herein, it shall be deemed to
include all service of the City of San Bernardino. CO
B. Sick Leave Accruals. Regular full-time employees hired on or after July 1, 2017
and who are covered by this MOU are eligible to receive thirty (30) hours of paid sick W
leave after the new employee has been employed with the City for ninety (90) days.
Such paid sick leave may be used for employee or family illness or for medical reasons a
or other reasons provided under the City's Paid Sick Leave Policy (AB 1522), adopted
by the Mayor and Common Council on June 18, 2015 by Resolution 2015-116 and a
incorporated into this MOU. After ninety (90) days of employment, a new employee will
accrue four (4) hours of sick leave per pay period. At no time may Unit Members
accrue more than 1040 hours of sick leave.
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_
After ninety (90) days of employment, employees who are compelled to be
absent from work on account of illness or injury other than that which is compensable
under Article V, Section 5, Leave of Absence Without Pay, shall be compensated for °
sick leave, provided that such compensation shall cease upon the exhaustion of all
accumulated sick leave. Employees shall not accumulate sick leave while compensated 3
under the provisions of Article V, Section 5, Leave of Absence Without Pay.
0
In the event an employee is compensated for less than fifty percent (50%) of the
total normal work hours in the pay period, he/she shall accrue no sick leave for such
pay period and shall not be credited for the 4.0 hours of sick leave. r
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Whenever the employee uses all allowable sick leave, further absences may be
charged against accrued vacation or administrative leave (if eligible), upon approval of
the Department Head. If all allowable sick leave has been used and use of accrued t
vacation and/or administrative leave is disapproved, the employee will take loss of pay
for the time not covered by allowable sick leave. y
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Section 4— Payment for Unused Sick Leave c
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At the time of separation from service, an employee having six (6) or more years of W
service, is eligible for compensation for unused post-petition sick leave as follows: a) 5
288 hours or less = no cash payment; b) 289-479 hours = cash payment of 20% of
accrued post-petition sick leave; c) 480-959 = cash payment of 25% of accrued post-
petition sick leave; 960 or more hours = cash payment of 35% of accrued post-petition S
sick leave. _
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Section 5— Leave of Absence without Pay a
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Leave of absence without pay is a temporary, nonpay status and absence from duty c
granted at the request of the employee. Leave of absence without pay may be granted E
by the City Manager for a period not to exceed six (6) months, upon the positive
recommendation of the Department Head. Under justifiable conditions, said leave may c
be extended by the City Manager for additional periods. Leave of absence without pay E
will be considered favorably if it is expected that the employee will return to duty and
that at least one (1) of the following benefits will result: increased job ability, protection Ln
or improvement of the employee's health, retention of a desirable employee or o
furtherance of a program of interest to the City. Examples or conditions for which leave
of absence without pay may be granted are:
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A. For an employee who is a disabled veteran requiring medical treatment.
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B. For an employee who is temporarily mentally or physically unable to perform
his/her duties. a
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C. For an employee who files for or assumes elected office. E
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D. For maternity or paternity leave, upon the recommendation of the attending
physician.
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E. For military leave when the employee has less than one (1) year of service to
qualify for leave with pay. s
An approved leave of absence without pay for less than sixty (60) days in any D
calendar year will not be considered a break in service. Leave in excess of sixty (60) g
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.
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The City's contribution towards an employee's health and life insurance premiums
will not be extended beyond the last day of the month in which a leave of absence
without pay begins if the leave of absence without pay becomes effective during the first r
fifteen (15) days of the month, nor beyond the last day of the next succeeding month if
the leave of absence without pay becomes effective after the fifteenth day of the month, y
unless the employee is returned to work from leave of absence without pay status prior a
to the date the City's contribution would be discontinued. In the event the employee c
desires to maintain full health and life insurance coverage while on leave of absence E
without pay status, he/she may arrange to pay the insurance premiums for the coverage W
desired (both employee and the employer portions). It is the responsibility of the o
employee to contact the Human Resources Department in this regard. The payment of
the amount of the premiums must be made to the City prior to the date, which the City's
participation will terminate. Payments must be made directly monthly thereafter to the
insurance carrier until the employee either returns to work or his/her employment with Y
the City is terminated.
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Upon an employee's return to work, the City's contribution towards the employee's D
health and life insurance premiums will begin on the first day of the month following the c
end of the leave of absence without pay if that leave of absence without pay terminates E
between the first and the fifteenth days of the month, or on the first day of the next =
succeeding month if the leave of absence without pay terminates after the fifteenth day c
of the month. E
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Notwithstanding any other provisions of this Section to the contrary, the City will Ln
continue its contribution for health and life insurance premiums of an employee on leave o
of absence due to any injury or illness out of and in the course of his/her employment
with the City.
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In circumstances in which the Federal Family and Medical Leave Act (FMLA), the
California Family Rights Act and/or other applicable federal and state leave laws apply, a
the City shall adhere to the requirements of any such laws or regulations.
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Section 6— Sick Leave Sell Back
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Sick Leave Sell Back: On or before February 15th of each year this MOU is in as
effect, eligible employees will be allowed to cash out up to five (5) days (40 hours) of
sick leave per year, providing the employee has at least one hundred sixty (160) hours
in his/her leave account after the sell back to be eligible. V
Employees must complete a sell back form, which must include the Department
Head's signature. Forms must be submitted to the Finance Department on or before 3
February 15th each year. D
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Payment for sick leave sell back will be paid (using current Council approved salary
rates in the salary resolution) on the employees March 31St payroll check. E
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Section 7— Post Employment Health Plan (PERP) a
The City agrees to participate in the Post Employment Health Plan (PERP) in r
accordance with the terms and conditions of the Plan's Participation Agreement.
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ARTICLE VI -WORKING CONDITIONS 2
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Section 1 —Working Conditions o
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A. City Work Schedules: City work schedules shall be as herein defined, except as 0
otherwise provided for:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty (40) hour i
work week consisting of five (5) eight (8) hour work days, exclusive of any meal periods
assigned by management. D
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2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80) work E
hours in a two (2) week period consisting of eight (8) nine (9) hour work days, and one
(1) eight (8) hour work day, exclusive of any meal periods assigned by management. c
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3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty (40) hour
work week consisting of four(4) ten (10) hour work days, exclusive of any meal periods LO
assigned by management. o
The primary work schedule will continue to be the 4/10 work schedule, as defined �
above, unless changed by action of the Mayor and City Council. W
Work schedules shall be posted on all department bulletin boards showing the
employee's shift, work days and where known, hours.
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B. Work Schedule Adjustments: It is understood and agreed that Department Heads
shall establish such work schedules as may be necessary for the efficient and E
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 a two (2) week notice of any proposed changes in scheduled work shifts prior to
implementation. If the Union wishes to consult with management regarding the
proposed changes, it shall notify the City within seven (7) calendar days from receipt of
notice. Upon notification by the Union, both parties shall meet promptly in an earnest s
effort to reach a mutually satisfactory resolution of any problems arising as a result of 3
the proposed changes. Work schedule changes resulting from an emergency situation D
or circumstances which disrupt normal City operations as determined by the
Department Head are not bound by the two (2) week notice requirement.
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ARTICLE VII - GENERAL PROVISIONS
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Section 1 —Waiver Clause w
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The parties acknowledge that during the meet and confer process which resulted in d
this MOU each had the unlimited right and opportunity to make demands and proposals o
with respect to any subject or matter not removed by law, City Charter, Ordinance, 0.
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Resolution, Personnel and departmental rules and regulations from the scope of W
negotiable issues and that the understanding arrived at by the parties after the exercise o
of that right and opportunity are set forth herein. Therefore, the City and the Union, for g
the life of this MOU, each voluntarily and without qualification waives the right, each
agrees that the other shall not be obligated to meet and confer with respect to any S
subject or matter referred to or covered in this MOU.
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Section 2— Severability
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It is understood and agreed that this MOU is subject to all current and future o
applicable federal and state laws and regulations and the current provisions of the E
Charter, Ordinances, Resolutions and other rules and regulations of the City of San
Bernardino. If any part or provision of this MOU is in conflict or inconsistent with such c
applicable provisions of those federal, state or City enactments, or it is otherwise held to E
be invalid or unenforceable by any court of competent jurisdiction, such part or g
provisions shall be suspended and superseded by such applicable law or regulations, L;
and the remainder of this MOU shall not be affected thereby. The parties hereto agree o
to refrain from initiating any action that would invalidate any part of the MOU.
Section 3— Printing of Memorandum of Understanding z
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The City and the Union will share the cost of the printing of the MOU as follows: The a
Union agrees to pay for the cost of the copies to be distributed to its unit members.
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Section 4—Term of Memorandum of Understanding
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This MOU will run for the period starting July 1, 2017 through June 30, 2020. 4),
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If negotiations regarding an MOU are in progress at the time the current MOU
expires, or if the parties are at impasse, the current MOU shall remain in effect until a
successor MOU is adopted by the Mayor and City Council.
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By entering into this MOU, the City and the Union have arrived at a final 3
understanding through the meet and confer process resolving any differences which D
may have arisen during the process. Accordingly, it is agreed that the Union and the 0
City will support the MOU for its term and for purposes of Union ratification and Council
approval. Nothing contained in this MOU shall become binding upon the parties until d
such time as the City Council, by legislative enactment and allocation of funds, agrees
and adopts its terms and conditions.
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Section 5— Notice of Intent to Reopen
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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 2020, that such
discussions are desired. Such notice shall request a meeting to begin negotiations and o
establish ground rules which shall include, at a minimum, the date beyond which no E
further proposals may be submitted by either party. W
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Section 6— New Employee Information 2
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Once per month, the Human Resources Department will furnish the Union with E
information on new Middle-Management Unit employees, excluding their home
addresses. Data will include employee name, title, department, department phone
number and date of hire. Data will not be provided until at least ten (10) working days
following approval of the appointment by the City Manager.
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MIDDLE-MANAGEMENT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
2017-2020 d
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Executed this day of , 2017.
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Mark Scott Steven Matthews 0)
City Manager TEAMSTERS Local 1932 a
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Helen Tran o
Director of Human Resources E
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ATTEST: a
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Georgeann Hanna
City Clerk
Approved as to form:
GARY D. SAENZ, CITY ATTORNEY 3
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By:
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INDEX
Subject Pacte
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Acting Pay
Agency Personnel Rules ....................4 °'
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Classification..............................................................................................................7 0
Definition of Terms 3 a
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Employee Court Subpoena Time .............................................................................12 w
EmployeeRights........................................................................................................7
Fines ........................................................................................................................ 12 g
Health/Life Insurance
Holidays .................................19 =
Labor-Management Committee..................................................................................5
Leave of Absence without Pay r
Management Rights
New Employee Information =
NoStrike ....................................................................................................................6 0
Noticeof Intent to Reopen........................................................................................26 3
Overtime...................................................................................................................10
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Payment for Unused Sick Leave..............................................................................22
PayrollDeduction.......................................................................................................6 E
Personal Tool Replacement Allowance......................
PERS ........................................................................................................................9 Ln
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Post Employment Health Plan (PEHP).....................................................................24 0
Printing of Memorandum of UnderstandingLO
25 L—
Recognition ................................................................................................................6
Severability...............................................................................................................25 w
ShiftDifferential..........................................................................................................9
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SickLeave Sell Back................................................................................................23 L)
SickLeave................................................................................................................20
Special Certification Pay ~
Term of Memorandum of Understanding..................................................................25
Uniforms............................................... ..................16 d
Vacation .....................17
WageDifferential........................................................................................................9
Wages
WaiverClause ..................................................................................25
WorkingConditions..................................................................................................24
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APPENDIX A
Classifications and Salary Ranges L
For Employees Included in the City of San
Bernardino's Middle Management Unit
Teamsters, Local 1932 C.
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Funded Position for Fiscal Year 201712018: o
CLASS ; SALARY
CODE CLASSIFICATION TITLE ' RANGE
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20013 ACCOUNTANT III 488
20457 ADMINISTRATIVE SERVICES SUPERVISOR 458
20332 ANIMAL CONTROL MANAGER 498
20338 ANIMAL SHELTER KENNEL SUPERVISOR 418 0
20335 ANIMAL SHELTER OFFICE SUPERVISOR 418 E
20169 ASSOCIATE PLANNER 498
20923 COMMUNITY RECREATION MANAGER 508
20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 458 E
20504 COMMUNITY SERVICES CENTER SUPERVISOR 428
20424 CONSTRUCTION MANAGER 528 .n
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20441 ENGINEERING ASSOCIATE 518
20024 EQUIPMENT MAINTENANCE MANAGER 498
20025 EQUIPMENT MAINTENANCE SUPERVISOR 468
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20092 FACILITIES MAINTENANCE SUPERVISOR 488 w
20066 FOOD SERVICE SUPERVISOR II 448 =
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20167 FORENSICS SPECIALIST III 458 a
20994 IEMG BROADCAST ENGINEERING COORDINATOR 478
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20388 LIBRARY CIRCULATION SUPERVISOR 438
20385 LIBRARY NETWORK ADMINISTRATOR 468 E
20387 LIBRARY PROGRAM COORDINATOR 428 cM
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20484 MAINTENANCE SUPERVISOR 488
20601 PARKS MAINTENANCE SUPERVISOR 505
20772 POLICE DISPATCH SUPERVISOR 468 v
20765 POLICE RECORDS SUPERVISOR 428 g
20019 PRINCIPAL ACCOUNTANT 538 Y
20166 PROPERTY EVIDENCE & SUPPLY SUPERVISOR 458 3
20369 STREET SIGNAL/LIGHTING SUPERVISOR 498 O
20336 TECHNOLOGY LIBRARIAN 478
20437 TRAFFIC ENGINEERING ASSOCIATE 518
20438 TRAFFIC OPERATIONS & SYSTEMS ANALYST 528
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APPENDIX B Y
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MOU Provisions to be Included as Part
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the City of San Bernardino's Uniform Policies -
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OVERVIEW
The City represents that in implementing Section 508 of the City of San Bernardino's w
new Charter that became effective on January 31, 2017, the following provisions of the E
previous MOU between the City and the Union, dated July 1, 2006 to June 30, 2009, d
shall be included as part of the City's uniform policies: c
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a) Article I, Section 4, Contract Services w
b) Article 11, Section 4, Grievance Procedure
c) Article II, Section 5, Non-Discrimination p
d) Article 11, Section 8, Bulletin Boards
e) Article II, Section 9, Access to Personnel Records
f) Article IV, Section 3, Tuition Reimbursement
g) Article V, Section 5, Injury Leave
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h) Article V, Section 7, Witness Leave
i) Article V, Section 9, Catastrophic Leave
j) Article V, Section 12, Jury Duty
k) Article VI, Section 2, Physical Examinations 0
1) Article VI, Section 3, Drug and Alcohol Testing
m) Article VI, Section 4, Seniority
n) Article VI, Section 5, Probationary Period E
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The City acknowledges that the above mentioned Sections affect working conditions
and, accordingly, these sections will be attached to this Agreement as Appendix B and M
will be considered as part of this MOU and as such are subject to the grievance LO
provisions in this MOU. In addition, these Sections will also be included as part of the
City's uniform personnel policies and/or part of the City of San Bernardino's Municipal z
Code. W
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Section 131 - Contract Services
It is not the intent of the City to cause employees to lose their jobs because of a
decision to contract work. If a decision is made by the City to contract work not now =
contracted, and that decision will result in change in the work conditions or status of
employees in the unit, the City agrees to meet and confer in good faith with the Union
prior to making a final recommendation to the City Council. o
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Section B2— Grievance Procedure w
Purpose: The City of San Bernardino and the Middle-Management Unit realize the g
importance of a viable grievance procedure to aid in the resolution of disputes. It is
recognized that to maintain high employee morale and harmonious relations, an orderly
method of processing grievances is necessary. This procedure is intended to establish R
a systematic means to process a grievance and to obtain fair and proper answers and 12
decisions regarding employee complaints. The representative of employees and
management at all levels will make continuing efforts to secure prompt disposition of D
grievances. Every effort should be made to resolve grievances in the informal process. c
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The initiation of a grievance in good faith by an employee shall not cast any adverse c
reflection on his/her standing with his/her supervisors or his/her loyalty as a City c
employee nor be a reflection on the employee's supervisor or the department involved. E
Definition of a Grievance: A grievance is an alleged violation of the terms of this u;
MOU. o
Additionally, allegations of discrimination or harassment must be submitted to the
Equal Employment Officer for review. The Equal Employment Officer may recommend w
that the matter be brought as a formal grievance. Disciplinary actions are not subject to
the grievance procedure but may be appealed to the City's Personnel Board. a
As used in this procedure, the term "immediate supervisor" means the lowest level of a
supervisor not within the Middle-Management representation unit. c
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Representation: The aggrieved employee shall have the right to be represented.
This representation may commence at any step in the grievance procedure. Legal
counsel or official representatives of the recognized employee organization only can
represent the employee. No person hearing a grievance need recognize more than one
City employee representative for any employee at any one time, unless he/she so
desires. If the employee's legal counsel is not from the formally recognized employee
organization, a representative of that formally recognized organization may attend the 3
grievance hearing to insure that the solution reached does not violate the terms of the
MOU. 0
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Consolidation of Grievances: In order to avoid the necessity of processing
numerous similar grievances at one (1) time, a single grievance may be filed.
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Time Limitation: Time limitations are established to settle a grievance quickly. Time
limits may be modified by agreement of the parties. If at any stage of this grievance
procedure the grievant is dissatisfied with the decision rendered, it shall be the d
grievant's responsibility to initiate the action, which submits the grievance to the next
level of review. The grievant may proceed to the next step if a reviewing official does not N
respond within the time limits specified. A formal grievance may be entered into or
advanced to any step if the parties jointly so agree. o
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Steps in the Grievance Procedure: The procedures outlined herein constitute the W
informal and formal steps necessary to resolve an employee's grievance. An attempt to 0
settle the grievance in the informal structure at the employee-supervisor level is g
required. The grievance must be submitted to the Informal Step within ten (10) working
days of the incident or of the grievant's knowledge of the incident's occurrence. E
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A. Informal:
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Initially, the grieving employee shall, on a personal face-to-face basis, discuss D
his/her complaint with his/her immediate supervisor informally. Within ten (10) working c
days the supervisor shall give his/her decision to the employee orally. The date and the E
subject of the incident should be provided with the request for the informal meeting. The
supervisor will document his/her response to the employee, in the event the grievance o
proceeds to the Formal level. E
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B. Formal:
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1. If the grievance is not adjusted to the satisfaction of the employee "'
involved, the grievance shall be submitted in writing by the employee or his/her
designated representative to the Department Head within the next ten (10) working W
days. The Department Head shall meet with the employee and/or his/her designated
representative within ten (10) working days of receipt of the written grievance and shall a
deliver his/her answer in writing to the employee within ten (10) working days after the
meeting. a
2. If the grievance is still not adjusted, the aggrieved party may file a written c
appeal with the Director of Human Resources or his/her designee shall meet with the E
employee and if the employee desires, the designated Union representative within ten as
(10) working days after receipt of the appeal and shall deliver his/her answer in writing
to the employee within ten (10) working days after the meeting.
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3. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the City Manager within ten (10) working days from the date of delivery of
said answer. State in writing the complaint and the desired result. The City Manager 3
may meet with the employee and if the employee desires the designated union M
representative within ten (10) working days after the receipt of the appeal and shall 0
deliver his/her answer in writing to the employee within ten (10) working days after the .
meeting. The City Manager's decision is final and binding on all parties, unless reversed E
by a court decision. t
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4. Any grievance not answered by the City within the specified time limits a
listed above shall be deemed settled on the basis of the Union's original demand.
Likewise, any grievance not answered by the Union as above shall be deemed settled =
on the basis of the City's last official answer. 5
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5. Time limits, as stated above in subsections 1-4 may be extended by d
mutual agreement of the employee, his/her representative (if any) and the City. c
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Section B3— Non-Discrimination w
The City and the Union agree that there shall be no discrimination against 2
employees within the bargaining unit because of race, color, creed, religion, national a,
origin, sex, age, marital status or Union membership or any other protected class as E
defined under applicable state and federal laws.
Further, there shall be no discrimination against individuals with disabilities, as
defined by the Americans with Disabilities Act (ADA) of 1990, as amended, when those
individuals do not pose a risk to the health or safety of themselves or others. The ADA c
expressly identifies reassignment to a vacant position as one form of reasonable E
accommodation.
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Section B4— Bulletin Boards E
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The City will furnish a reasonable portion of existing bulletin board space in each LO
department/division for the purpose of the Union posting notices of pertinent Union Q
business. The Union agrees that nothing libelous, obscene, and defamatory or of a
partisan political nature shall be posted. In the event that there is a dispute arising out �
of the pertinence of any literature posted, the City Manager or designee shall meet with w
the Union labor relations representative to resolve the problem as soon as possible.
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Section B5—Access to Personnel Records
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The City's Human Resources Department shall keep and maintain an official
personnel file for each employee. Personnel files are confidential. E
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Employees or their authorized representatives shall have the right, upon request, to
review the contents of their official personnel files. Such review may be made during
normal 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. Employees
desiring to review such records shall make their requests in writing through the
Department Head to the Human Resources Department, if it is on City time. All such 3
requests shall be honored by the City within three (3) working days of such requests by o
the employee or authorized representative's request to review as provided above.
Letters of reference and other matters exempted by law shall be excluded from the
right of inspection by the employee. r
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Section B6 — Educational Tuition Reimbursement Programs
A. Purpose
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1. To encourage the employees of the City of San Bernardino to take college N
courses and special training courses that will better enable them to perform their
present duties and prepare them for increased responsibilities. o
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2. To provide financial assistance to eligible employees for education and W
training. D
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3. To establish eligibility requirements, conditions and procedures whereby such
assistance may be provided.
B. Eligibility for City-Wide Educational Reimbursement Program
1. Applications for tuition reimbursement will be considered only from unit D
members/employees who have completed probation. o
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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 o
similar sources. E
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3. Applications will be approved only for courses directly related to the LO
employee's job or directly related to a promotional position in the employee's o
occupational specialty or related to other positions or promotional opportunities within
the City.
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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 0
after all required occupationally related courses have been completed.
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5. Prior to receiving tuition reimbursement, employees must submit c
documentary proof of having received a grade, which is consistent with the City's E
affirmative action policy. Currently, this is a "C" grade. If objective ratings are not a,
rendered for a specific course, then a certificate of successful completion must be
submitted.
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6. Approval will be limited to courses given by accredited colleges and
universities, city colleges or adult education under the sponsorship of the Board of
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Education. Workshops, seminars, conferences and similar activities not identifiable as a 3
formal course of instruction within the curriculum of a recognized educational institution D
do not fall within the purview of this program, but may be authorized and funded by the 0
tuition reimbursement funds with the approval of the Department Head and the City u
Manager. No mail-order courses will be offered. E
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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,
outside of this Subsection.
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C. Reimbursement H
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1. The amount of reimbursement shall be equivalent to tuition costs for up to six o
(6) units per quarter as charged by the California State University, San Bernardino, or E
up to one-and-a-half (1-1/2) times that amount if based on a semester system.
Additional expenses such as meals and parking fees are not reimbursable. o
2. Costs for required texts are eligible for one-hundred percent (100%)
reimbursement and the employee may retain the book(s).
3. On an annual basis, the City shall make available to all eligible City
employees funds to be used for tuition costs and textbooks. Currently, the City has
budgeted $ 20,000. The fund will be distributed on a first come basis as determined by D
the filing date stamped on the appropriate documentation filed with the Human c
Resources Department. The Human Resources Department shall administer the ;
program consistent with the City's Department Director Letter ("DDL") No. 48. _
D. Procedures for City-Wide Educational Reimbursement Program E
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1. An employee who desires to seek tuition reimbursement under the provisions Ln
of this Section must complete, in triplicate, a City Education Reimbursement form and o
submit it to his/her Department Head for advance approval.
2. The Department Head will recommend approval or disapproval based on job w
relatedness and forward the Educational Reimbursement form to the Director of Human
Resources. U
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3. The Director of Human Resources will recommend approval or disapproval a
based on availability of budgeted funds for education tuition assistance and forward to
the City Manager for final action. One (1) copy will be returned to the employee; a copy E
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 Section prior to the inception
of the course.
4. The employee will submit his or her copy of the approved application for
reimbursement within sixty (60) calendar days after the completion of the course and 3
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 Human
Resources Department within the established time frame following completion of the
course become void. L
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5. Upon receipt of the application and required documentation, the Human -.2
Resources Department will determine whether the completed course of instruction is
compatible with the provisions of Subsections B and C of this Section. If found to be d
compatible and funding available as described in this Section, the Human Resources r
Department will compute the amount of reimbursement, authenticate the application N
and forward it to the Finance Department with authorization to reimburse the employee d
the approved amount. c
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6. All approved reimbursement forms must be returned to Human Resources, if w
the employee/student does not complete the course. 5
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Section B7— Industrial Injury
Effective with the first day of necessary absence by an injury or illness arising out of,
and in the course of, his/her duties the eligible employee shall be protected by workers'
compensation benefits. Upon written request by the employee accumulated sick,
vacation, holiday and compensatory time credit can be utilized to supplement the
amount of temporary disability (2/3 of average weekly earnings) to not exceed the total o
sum of payment equal to their normal weekly compensation. The utilization of sick
leave for this purpose shall end with the termination of the temporary disability or when
the accumulated sick leave credits have been exhausted, whichever occurs first. c
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How to file a workers'compensation claim?
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When an employee believes to have sustained an injury or illness arising out of, and in o
the course of, his/her duties, the employee should immediately notify his/her supervisor.
The supervisor is required to provide the injured employee an "Employee's Claim for �
Workers' Compensation Benefits (DWC-1 Form)" within 24 hours from the date of Z
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knowledge. Once the injured employee returns the completed DWC-1 Form, the
supervisor will then need to complete "Report of Occupational Injury or Illness (5020 a
Form)" in order to document the date, time and description of incident. The supervisor
should then refer to the workers' compensation injury report kit to complete the claim. In a
the event the employee is unable to prepare the form due to hospitalization, serious
illness or injury; the supervisor or a member of the department/division staff shall E
prepare the required report.
_
The employee has the right to be examined and treated by a physician of his/her 2
choice, as long as a predesignating of physician form has been signed off by both the .2
employee and predesignated physician at the time of injury or illness, as required by the E
California Labor Code.
The City shall have the right to require the employee to be examined by a physician D
designated by the City to assist in determining the length of time during which the 0
employee is unable to perform the assigned usual and customary duties, and if the
disability is attributable to the "injury involved." 4)
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Section B8-Witness Leave
Whenever a unit employee is duly summoned to appear as a witness, except where
the employee is a litigant or defendant in a criminal case or any action brought about as 5
a result of his or her own misconduct, he or she shall receive regular compensation for N
any regularly scheduled working hours spent in actual performance of such service for
non-work-related matter. o
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Section B9- Catastrophic Leave w
Upon request of an employee who is experiencing catastrophic illness, and upon 0
approval of the Department Head, leave credits (vacation or floating holidays) may be
transferred from one or more employees to the affected employee, under the following
conditions: _
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A. Sick leave accruals cannot be transferred among employees.
B. The employee with a catastrophic illness or injury has exhausted all other leave o
accruals and has completed at least one year of continuous service with the City. _
_
C. The donation must be in four(4) hour increments of vacation, compensatory time c
or floating holidays by employees who have completed at least one (1) year of E
continuous service with the City. g
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D. Employees may not donate leave they would otherwise forfeit. For example,
employees who are separating from City employment may donate leave only up to the -�
amount of the payment they would receive upon separation. Only post-bankruptcy
petition leave may be donated or transferred. w
E. Donations shall be on a form developed by the Human Resources Department, 0
signed by the donating employee, approved by the Department Head and verified by
the Finance Department. Procedures shall be as approved by the City Manager. a
F. An appeal to the City Manager or his/her designee will be considered on a E
separate basis, if denied. 4),
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Section B10 -Jury Duty
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Every unit employee and every employee, whose position is funded under federal
law or is employed in a federally-funded position, if such benefit is required by said
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federal law, are covered by this section. The City will pay for all working days in a 3
calendar year of a covered employee who is required to serve jury duty. D
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Section B11 - Physical Examinations
The City shall pay medical fees for the physical examination of any permanent r
member when such examination is required and directed by the City after employment. o
The City may arrange with a physician or medical group for such examination; or, if the a
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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, d
however, that the amount of the reimbursement shall not exceed the cost the City would r
have paid to its contract physician or medical group. Physical exams taken by a Middle- H
Management employee on a voluntary basis are not reimbursable by the City. However,
if a Department Head requires a Middle-Management employee to maintain a Class A o
or Class B driver's license, such license exams as required will be scheduled with the 0.
City's contracting physician at no cost to the Middle-Management employee. W
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Section B12 — Drug and Alcohol Testing O
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In addition to employees already covered under the Department of Transportation
(DOT) for drug and alcohol testing, all Middle-Management employees will participate in
drug and alcohol testing, following the reasonable suspicion Drug/Alcohol Testing L
procedure described in the City of San Bernardino's Policy on Drug and Alcohol Testing o
of Employees with Commercial Drivers' Licenses ("Policy"), effective August 1, 2013. D
For purposes of this Section, the provisions of the Policy are binding and are o
incorporated herein. E
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If a supervisor has a reasonable suspicion that an employee has been abusing c
drugs or alcohol, that supervisor will immediately notify his/her immediate supervisor of E
these suspicions and document the observations on a reasonable suspicion checklist.
The conduct of the employee must be witnessed by a supervisor who has received o
training consisting of at least 1-1/2 hours on identification of actions, appearance or
conduct which are indicative of the use of drugs or alcohol. A supervisor must directly
observe and document the behavior. Reasonable suspicion may not be based upon w
hearsay.
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Section B13—Seniority
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Department Heads will consider seniority in authorizing vacations and scheduling
shift assignments and transfers. Seniority shall prevail when all the factors are not E
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. g
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Section B14—Probationary Period
Employees in the Middle-Management unit shall have a probationary period of one
(1) year. After successfully completing same, the seniority date shall be from the last
date of hire within the department, division or section. All employees shall serve twelve 0
(12) months in the step in which they were first hired, before becoming eligible for a step r
increase to the next step. E
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