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HomeMy WebLinkAboutContracts & Agreements_124-2000_CCv0001.pdf MEMORANDUM OF UNDERSTANDING Between THE CITY OF FIEDLA DS and THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION Representing the General Employees of the City. of Redlands May 1, 2000 - June 30, 2003 MEMORANDUM OF UNDERSTANDING GENERAL EMPLOYEES UNIT OF REPRESENTATION TABLE OF CONTENTS TITLE PAGE ARTICLE 1 TERM OF MEMORANDUM OF UNDERSTANDING ARTICLE 2 PREAMBLE ARTICLE 3 RECOGNITION 1, ARTICLE 4 MANAGEMENT RIGHTS 1 SALARIES, RETIREMENT AND OTHER PAY ARTICLE 5 SALARIES 2 ARTICLE 6 RETIREMENT 2 ARTICLE 7 UNIFORM ALLOWANCE 3 ARTICLE 8 LONGEVITY PAY 3 ARTICLE 9 OVERTIME 3 ARTICLE 10 WORKING OUT OF CLASSIFICATION PAY 4 ARTICLE 1 1 CALL BACK PAY 4 ARTICLE 12 STANDBY PAY 5 ARTICLE 13 MATRON PAY S; ARTICLE 14 SHIFT DIFFERENTIAL 5 ARTICLE 15 SCHEDULED RECALL TO WORK S ARTICLE 16 TUITION REIMBURSEMENT 6 INSURANCE, LEAVE AND TIME OFF PROVISIONS ARTICLE 17 HEALTH INSURANCE 6 ARTICLE 18 DENTAL INSURANCE 6 ARTICLE 19 VISION CARE 7 ARTICLE 20 LIFE INSURANCE ARTICLE 21 WORKERS' COMPENSATION/S.D.!. 7 ARTICLE 22 VACATION` 7 ARTICLE 23 SICK LEAVE: 8 ARTICLE 24 BEREAVEMENT LEAVE 9 ARTICLE 25 LEAVE OF ABSENCE WITHOUT PAY 9 ARTICLE 26 MILITARY LEAVE 9 ARTICLE 27 PERSONAL LEAVE ARTICLE 28 HOLIDAYS 10 ARTICLE 29 COMPENSATORY TIME OFF 10 ARTICLE 30 TIME OFF FOR ASSOCIATION REP.'S 11 DISCIPLINE, GRIEVANCE, LAYOFF PROCEDURES ARTICLE 31 DISCIPLINARY PROCEDURES 11 ARTICLE 32 APPEAL AND GRIEVANCE PFIOCEDURE 12 ARTICLE33 DEMOTION/NON-DISCIPLINARY 14 ARTICLE 34 LAYOFF PROCEDURE 14 ARTICLE 35 INVESTIGATORY INTERVIEW PROCEDURES 14 GENERAL PROVISIONS ARTICLE 36 COPY OF M.O.U. TO EACH EMPLOYEE 15 ARTICLE 37 PERSONNEL RULES/SALARY RESO. DIST, 15 ARTICLE 38 PERSONNEL FILE 15 ARTICLE 39 COMMUNICATIONS 16 ARTICLE 40 UNIT MODIFICATION 16 ARTICLE 41 PREVAILING BENEFITS 16 ARTICLE 42 MAINTENANCE OF MEMBERSHIP 16 ARTICLE 43 USE OF BULLETIN BOARDS 17 ARTICLE 44 DIRECT DEPOSIT 17 ARTICLE 45 LEAVE TIME REPORTING 1 ARTICLE 46 WORKWEEK/STANDARD TOUR OF DUTY 17 ARTICLE 47 PROBATION 17 ARTICLE 48 ANNIVERSARY DATE 17 ARTICLE 49 DRIVER'S LICENSE PHYSICAL EXAMS 18 ARTICLE 50 EMPLOYMENT EXAMINATION PROCEDURES 18 ARTICLE 51 EXTENSION OF M.D.U. 18 ARTICLE 52 SAVINGS CLAUSE 1 ARTICLE 53 NO STRIKE PROVISION, 18 ARTICLE 54 MEAL PERIODS 19 ARTICLE 55 REST PERIODS 19 Side Letters MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS AND THE GENERAL EMPLOYEES OF THE CITY OF REDLANDS Represented by: THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, INC. 5/1/00 - 6/30/03 ARTICLE 1 TERM OF MEMORANDUM OF UNDERSTANDING Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding (M.O.U,) shall become effective on May 1 , 2000 and shall expire on June 30, 2003. ARTICLE 2 PREAMBLE It is the intent and purpose of this M.O.U. to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City of Redlands (hereinafter referred to as 'City") and the General Employees Unit represented by the San Bernardino Public Employees Association (hereinafter referred to as "Association"). ARTICLE 3 RECOGNITION The classifications which shall be included in the General Employees unit of representation are listed in Appendix A. ARTICLE 4 MANAGEMENT RIGHTS The authority of the City includes the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment. SALARIES, RETIREMENT AND OTHER PAY ARTICLE 5 SALARIES - COST OF LIVING ADJUSTMENT 1 . WAGE INCREASE - Effective January 1 , 2001 , all unit members shall receive a 2.5% a wage increase. 2. COMPENSATION STUDY - Effective the first full pay period following May 1 , 2000, the City agrees to implement the agreed upon compensation study, as updated September 2000, over three (3) years to 7.5% less than the median of surveyed cities for all unit classifications, as follows: a. NEW SALARY RANGES - Upon implementation of the plan, employees shall be placed into their new range. The placement into the new range shall be at the closest step in the new range which ensures that: i. The employee's salary is not reduced, and ii. Ensures that employees have the ability to reach the top step within three (3) years. b. DATE OF PLACEMENT - These placements shall be retroactive to the effective date of the agreement (May 1 , 2000). Employees shall advance within their new salary range in accordance with the City's Personnel Rules and Regulations, which means that they shall be eligible for a merit increase at the time of their next scheduled annual performance evaluation. (11-7-00) ARTICLE 6 RETIREMENT -- PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) The City shall continue to pay to the Public Employees' Retirement System on behalf of each employee covered by this agreement an amount equal to the required employee contribution to that system provided the contribution will not exceed a total of seven percent (7%) of regular compensation. These contributions shall, at the time of termination, belong to the employee, The City shall continue to include in its contract with PERS, the following provisions: HIGHEST SINGLE YEAR (7/1/87) SURVIVOR CONTINUANCE (7/1/75) 2% @ 60 RETIREMENT FORMULA (7/1/76), provided, however, that: Should all Miscellaneous Units successfully negotiate ratified agreements that include a provision to implement 2% @ 55, the City agrees to implement 2% @ 55 by July 1 , 2001 . (revised 11-7-00) 2 ARTICLE 7 UNIFORM ALLOWANCE The City will provide a two hundred and twenty-five dollars ($225) uniform allowance in the form of a credit at the City's central stores for the purchase of uniforms to include; nhirts, pants, boots, jackets, and caps. Uniforms will be ordered during July and January only, except in the case of new employees and emergency situations. It is a requirement that employees wear the designated uniform to work daily. The uniform is to be presentable. Cleaning and maintenance of uniforms shall be the responsibility of the employee. Wastewater and Equipment Maintenance Division permanent field employees will be provided uniform rental and laundering services at City expense, in lieu of uniform allocation. Upon termination of employment, employees whose uniforms were provided to them will be required to return the uniforms to the City. Animal Control Officers, Community Service Officers (CSO's) and Parking Control Officers will receive the same uniforrn, payable in the same manner, as those enjoyed by the members of the Redlands Police Officers Association (RPOA). Non-uniformed employees in this unit on payroll as of June 1 of each year and at the time the check is issued shall receive an annual two hundred dollars ($200.00) bonus in lieu of the uniform allowance. This bonus will not be reported to PERS as compensation. (11'23'32' revised 1'2'95' revised 4-30'87' revised 11'07'00) ARTICLE 8 LONGEVITY PAY Employees with twenty-five (25) years continuous service with the City shall advance to the Step "F" on the salary resolution, effective with the beginning of the pay period beginning closest to the first day of their 20myear of service. In the event that an employee is not at the E step when he/she is eligible for the F step, at the completion of twenty-five (25) years of service, the employee will advance to the next step in the salary range, and continue to advance based on merit until the employee reaches the F step. (7'1'90' revised 4-30-97) ARTICLE 9 OVERTIME Overtime pay shall be earned at time and one-half for all hours worked between the employee and department, the employee may elect to earn compensatory time off, at one and one-half time, in lieu of overtime pay. Overtime must be paid at the time it is worked or accrued as compensatory time. Accrued compensatory time wUl not be paid off in lump sum except at termination and only for those hours on the official payroll records. Time paid for holiday, vacation, sick leave and compensatory time off shall be treated as actual hours worked for the purposes of computing overtime. (7-1-84) Any employee who works overtime in excess of three and one-half (31/2) hours, provided that employee has worked eight (8) hours in addition to the three and one- half (31/2) hours, will be entitled to have a meal at the expense of the City or be entitled to go home and eat, which will be at the discretion of the supervisor in charge. The City will establish an account at a local restaurant for use by employees working on emergency overtime. (7-1-81) ARTICLE 10 WORKING OUT OF CLASSIFICATION PAY Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed, said employee shall be entitled to receive out of classification pay for the period of time that the employee works out of classification. Out of classification pay shall be at a flat rate of five-percent (5%) of base salary. In order to receive out of classification pay the following provisions must occur: a. The name of the employee who is absent must be noted on the employees timesheet prior to out of classification pay being authorized. b. A vacancy or absence must exist for out of classification pay to be paid. c. The employee receiving out of classification pay must perform essentially all of the functions of the higher classification in order to receive compensation. d. The employee shall meet the minimum qualifications for the higher classification in order to be eligible for out of classification pay. Working out of classification pay for special assignments will only be authorized upon recommendation to the City Manager by the Department Head and will require a Payroll Transaction Form with supporting documentation justifying the special assignment. (1-2-95) ARTICLE 11 CALL BACK PAY Call back time will be reimbursed based on a minimum two (2) hour block at time and one-half, with the exception that employees will be reimbursed based on a minimum three-hour block at time and one-half if the call back is between the hours 4 of 12:00 p.m, and 7:00 a.m. Subsequent call outs after the initial two (2) hour block, or three (3) hour block if applicable, will be paid at time and one-half for actual time involved. Any employee who is unable to respond within thirty (30) minutes may be eliminated from the standby rotation. An employee working a continuous call back of at least four (4) hours that ends within eight (8) hours of the employee's regular job starting time is not required to report to duty at the employee's regularly scheduled time. When an employee has worked at least two (2) hours during the eight (8) hours prior to the commencement of the regular work schedule, the employee shall automatically report to duty on the employee's regularly scheduled shift immediately commencing ten (10) hours after the end of the call-back assignment. (7-1-84, revised 1-2-95) ARTICLE 12 STANDBY PAY Employees in the General Employees unit of representation assigned to standby duty shall receive one (1) hour of pay at straight time for standby duty on a week day and four (4) hours of straight time pay for standby duty on a weekend day or holiday In order to qualify for standby pay employees must: 1 . Be required to be near a telephone at all times or carry a pager; 2. Be able to report to the worksite within thirty (30) minutes; and, 3. Not consume alcoholic beverages or any other debilitating drug while on standby. (7-1-84, revised 4-30-97) ARTICLE 13 ATRON PAY Female Police Customer Service Representatives that report directly to the Police Records Supervisor and the Police Records Supervisor shall receive a 2.5% salary differential in recognition of the fact that they may be required to perform matron duties. (7-1-88, revised 11-7-00) ARTICLE 14 SHIFT DIFFERENTIAL The City agrees to provide a five-percent (59/o) shift differential to those employees who work one-half of their regularly scheduled shift after 7:00 p.m., not to include overtime, special assignments, emergency hours, etc. worked after 7:00 p.m. The shift differential shall apply to the full regularly scheduled shift. (7-1-88, revised 6-30-92) 5 ARTICLE 15 SCHEDULED RECALL TO WORK The City agrees that when employees of the Municipal Utilities Department are recalled or scheduled to return to work for water system installation or a maintenance project between the hours of 12 midnight and 4:00 aim., said employees shall receive time and one-half for all hours worked. Employees performing in this capacity shall automatically report to duty on their regularly scheduled shift immediately after a ten (10) hour rest period has occurred from the ending time of the scheduled or recall work assignment. (7-1-83, revised 1-2-95) ARTICLE 16 TUTION REIMBURSEMENT The City agrees to pay one hundred percent (100%) reimbursement for tuition and books for job related courses either directed or approved by the department head. The course must be satisfactorily completed with a minimum grade of "C" or equivalent. (7-1-77) INSURANCE. LEAVE AND TIME OFF PROVISIONS ARTICLE 17 HEALTH INSURANCE A. The City shall contribute the entire monthly premium for employees in the unit and their eligible dependents under the public Employee Retirement System (PERS). B. The City agrees to provide a stipend on a monthly basis for those employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit. The rate of stipend will be based on the following scale: 0 - 19 employees participating $50 per month 20 - 24 employees participating $100 per month 25 employees participating $150 per month The initial evaluation to determine stipend amount will be thirty (30) days from the date the M.O.U. is signed, and will be re-evaluated every quarter. (1 1 -23-92, revised 11-7-00) ART] L ; DENTAL INSURANCE The City agrees to pay the full monthly premium for dental insurance under either the City's self-insured dental plan or Denti-Care dental plan for each employee in the unit and all eligible dependents, The City agrees to form a labor management committee to explore potential insurance changes or alternatives, including full insurance and increasing maximum insurance cap provided there is no additional cost to the City for such potential insurance changes. The Committee will endeavor to provide it's recommendation by July 1 , 2001 . GEAR shall have two (2) unit members serve on the Committee. (7-1-90, dependent coverage added 4-30-97, revised 11-7-00) ARTIC E 19 VISION CARE The City agrees to reimburse each employee in the unit up to one hundred-sixty dollars ($160) every fiscal year for the purchase of frames and lenses or contact lenses and the cost of eye examinations for the employee and/or his/her dependent. (11-23-92, increased 4-30-97) ARTICLE 20 LIFE INSURANCE The City shall contribute the monthly premium for a life insurance policy in the amount of ten thousand dollars ($10,000) for all employees in the unit. (Offered 7-1-75, City Paid 11-23-92) ARTICLE 21 WORKER'S COMPENSATION/STATE DISABILITY INSURANCE The City agrees to provide City paid State Disability Insurance coverage to all employees in the unit. Sick leave or compensatory time may be used to supplement a Worker's Compensation or State Disability Insurance check, not to exceed the employee's regular rate of pay. Prior to use of accrued sick leave or compensatory time for this purpose, the State Disability Insurance check stub must be submitted to the Payroll Supervisor. (1-84) ARTICLE 22 VACATION The vacation accrual for employees in the unit shall be as follows: 5 years of service 80 hours 6 7 years of service 120 hours 8 9 years of service 128 hours 10 - 11 years of service 136 hours 12 - 13 years of service 144 hours 14 - 16 years of service 152 hours 16 - 20 years of service 160 hours 21 years of service 168 hours 22 years of service 176 hours 23 years of service 184 hours 24 years of service 192 hours 25 -4- years of service 200 hours 7 The maximum vacation accrual shall be two (2) years. In November of each calendar year all vacation hours in excess of two (2) years accrual will be paid off at the employee's current hourly rate, provided that one-half of the yearly accrual has been used during the year under consideration. (7-1-76) ARTICLE 23 SICK LEAVE A. ACCURAL - Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service. (6-2-65) B. BUY BACK - In November of each calendar year, each employee in the unit may elect to be paid at his/her current hourly rate for each sick leave day accumulated during the preceding calendar year in excess of six (6) sick leave days. A total of one (1) year's accumulation ninety-six (96 hours) must be on the books prior to any compensation being paid. Employees in the unit may also choose to accumulate all sick leave days, from calendar year to calendar year, to an unlimited amount. (7-1-78) C. AT SEPARATION OF SERVICE -- Upon separation of service with the City, employees with ten (10) or more years continuous service will be eligible to cash in unused sick leave at the following formula: 10 - 15 years service .25% 16 - 20 years 21 + years service.......50% Employees electing this option shall be responsible for any and all future medical insurance premiums. (7-1-90) D. UPON SERVICE RETIREMENT - In lieu of the above benefit, upon service retirement under the PERS retirement plan, employees in the unit may elect to have all remaining sick leave accrued at the time of retirement converted to cash value at their final rate of pay, and apply such cash value to applicable premiums payable under the City's medical insurance program for the employee and the employee's eligible dependents until the cash value is exhausted. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied toward the premiums of covered dependents until exhausted, subject to the conditions and limitations of the applicable insurance policy. However, upon completion of twenty (20) cumulative years service, at the employee's option he/she may elect fully paid medical insurance for employee and eligible dependents, under the City's medical insurance program, upon service retirement under the PERS retirement medical insurance plan, in lieu of any type of sick leave buy back. (7-1-89, amended 4-30-97) 8 ARTICLE 24 BEREAVEMENT LEAVE In the event of the death in the immediate family, an eligible employee will be compensated with two (2) days paid leave. In addition, eligible employees may be allowed to use accrued sick leave with full pay not to exceed three (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse: spouse, child (including foster child or ward of the court), parent, grandparent, brother, and sister. The definition of immediate family will also include the aunt and uncle of the employee only. Bereavement leave may also be used for the significant other of the employee provided the employee shows proof of cohabitation. (7-1-90), include aunt and uncle; 11-23-92, added significant other 4-30-97, revised 11-T00) ARTICLE 25 LEAVE OF ABSENCE WITHOUT PAY If an employee takes more than five (5) accumulated days of leave without pay in a calendar year, commencing at the beginning of the sixth (6th) day of leave without pay and any day of leave without pay thereafter during the calendar year; sick leave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay status. (1 1-23-92) ARTICLE 26 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law. The department head may request copies of the employee's official military orders. (7-1-82) ARTICLE 27 PERSONAL LEAVE Each employee in the unit may use up to a maximum of eight (8) hours of accrued sick leave per year for personal leave, subject to advance supervisor approval. (7-1-75) 9 ARTICILE 28 HOLIDAYS The holidays which will be honored for employees in the unit will be those listed in Resolution Number 4831 , signed on 12-17-91, These include: New Year's Day (January 1) Martin Luther King Day (Third Monday in January) President's Day (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Columbus Day (Second Monday in October) Veteran's Day (November 11 ) Thanksgiving Day Friday after Thanksgiving Day Christmas Day (December 25) Two (2) Floating Holidays Effective December 1991, Christmas Eve Day shall be observed as a holiday when Christmas Day falls on Tuesday, Wednesday, Thursday, or Friday. Employees in the unit shall not be allowed to carry floating holidays over from one calendar year to the next. Holidays not taken by December 31'1 of any given year will be forfeited. Holiday pay shall be compensated at eight (8) hours per holiday. Those employees working more than eight (8) hours per day (flexible work schedule) have the option of being compensated for the remaining hour/hours with accrued compensatory time, accrued floating holiday hours or accrued vacation. (7-1-90) If a scheduled holiday falls on an employee's regular day off, they will be compensated for eight (8) hours holiday compensation or will be entitled to take another day off during the pay period with mutual consent of the employee and the department head. (7-1-90) The A.K. Smiley Public Library will be closed on the Saturday following Thanksgiving Day. (7-1-90) ARTICLE 29 COMPENSATORY TIME OFF CTO shall accrue at the rate of one and one-half (1-112) hours for each overtime hour worked in accordance with the Fair Labor Standards Act. CTO shall not accumulate in excess of eighty (80) hours at any given time, Use of compensatory time-off earned shall be granted so that it does not unduly disrupt the operations of '10 the City. Terminating employees shall be compensated for accrued compensatory hours. (11-23-92) ARTICLE 30 TIME OFF FOR ASSOCIATION REPRESENTATIVES The Association may designate up to fourteen (14) representatives to attend Association meetings on City time, provided that no designated employee shall be released for more than one (1) hour per week. The time must be scheduled in advance and the supervisor must be notified. (7-1-88) DISCIPLINE, GRIEVANCE, LAYOFF PROCEDURES ARTICLE 31 DISCIPLINARY PROCEDURES A. Notice of Proposed Action. Whenever an employee is to be discharged, suspended (for more than five (5) days, demoted, or reduced in step, for disciplinary purposes, written notice of at least five (5) working days of the proposed disciplinary action shall be given before such action is to be taken and must include: (1) Notice of proposed action; (2) Reasons for proposed action; (3) A copy of charges stating specific incidents or specific courses of conduct, e.g. as evidenced by work performance evaluations, and a copy of the written materials upon which the decision to take proposed disciplinary action is based; and (4) A notice to the employee of the right to respond in writing or orally within the five (5) working day period. In the case of a suspension of five (5) days or less, the foregoing procedures shall be afforded the employee either before or during the suspension, or within a reasonable time thereafter. B. Limitations and Exceptions: (1) Oral notice is insufficient as full notice to an employee and may be given only as the initial notice in extraordinary circumstances which call for immediate action. (2) Prior written notice is required in each case, unless provided otherwise herein, regardless of seriousness unless extraordinary circumstances are involved. (3) Employees may be suspended without prior written notice in extraordinary circumstances when it is essential to avert harm to the public, other employees, or to avert serious disruption of governmental business. The appointing authority may schedule an employee for vacation or holiday leave as the circumstances may 11 warrant. Extraordinary circumstances include but are not limited to situations involving misappropriation of public fund or property; working while under the influence of liquor or intoxicating drugs; open insubordination; commission of a crime involving moral turpitude punishable by imprisonment for six (6) months or more; and disruption of City business through willful misconduct (altercations, etc.) (4) Oral notice is insufficient as full notice for proposed disciplinary action. In extraordinary circumstances when immediate suspension, demotion, removal, or reduction in step is warranted, initial notice may be given orally. The employee should be told when the initial action is taken what the reasons for the actions are and, in addition, the employee will have an opportunity to respond in writing and/or orally to those charges. The written charges in the case of an immediate disciplinary action must be prepared as soon as possible and normally within a day or two (2) of the initial oral notice, Employees wishing to appeal disciplinary actions may do so in accordance with Article 40. In general, under City procedures, probationary employees and other non-permanent regular employees are not entitled to notice and a hearing unless the causes for termination are based upon charges involving a person's good name, reputation, honor or integrity. In such cases, an employee shall be entitled only to minimal due process rights as required by applicable law. (7-1-82) ARTICLE 32 APPEAL AND GRIEVANCE PROCEDURE 1. DEFINED: A grievance is an alleged violation of the Personnel Rules and Regulations, this M.O.U. or written City Policy. 2. PROCEDURE: a. Informal Grievance Procedure: The grievant and the City's representative shall make every effort to resolve the grievance at the lowest level of supervision. Thus, the grievant shall attempt to discuss the grievance with the immediate supervisor before resorting to the Formal Grievance Procedure below. However, if the grievant is unable to resolve the grievance informally before the time period for filing a Formal Grievance expires (10 working days from the date the grievance allegedly occurred), the grievant must proceed to the Formal Grievance Procedure in accordance with the time limits therein or he/she will have waived the right to proceed in the Formal Grievance Procedure. 12 Formal Grievance Procedure: 1 . First Level of Review The grievant shall present the formal grievance in writing to his/her supervisor within ten (10) working days from the alleged occurrence of the violation. The vvritten grievance shall contain the following information: Name of grievant and job title; b. Department/Section; c, Clear and concise statement of the nature of the grievance including the circumstances and dates involved; d. The specific provision(s) of the M.O.LL, City Policy or Personnel rules alleged to have been violated; e Requested remedy; f. Name of the grievant's representative, if any; 9. Date and signature of the grievant. The supervisor shall render a decision and comments in writing and return them to the grievant vvthin ten (10) working days after receiving the written grievance. If the grievant does riot agree with his supervisor's decision or if no answer has been received within the specified time period, the grievant shall present the grievance in writing to the Department Head or his designee within five (5) days of the date the supervisor's decision is rendered or should have been rendered pursuant to the specified time period. 7. Second Level — Department Head Review The Department Head or his designee shall discuss, upon request, the grievance with the grievant, the grievant's representative if any, and with other appropriate persons. The Department Head or designee shall render his decision and comments in writing and return them to the grievant within ten (10) working days after receiving the formal vvritten grievance. If the grievant does not agree with the decision reached or if no answer has been received within the specified time period, the grievant may appeal the grievance to the next level of the grievance procedure. In order to do so, the grievant roust submit the grievance to the Personnel Director, along with a written request that the grievance be considered at the Third Level, within ten (10) working days of the date the Department Head's decision is rendered, or should have been rendered, pursuant to the specified tirne period, 3, Third Leve 1 Mana.er If the grievance is submitted to the City Manager for review and settlement, the City Manager may elect the methods he/she considers appropriate for the study of the issues and shall render a written decision. to the parties within ten (10) working days of receipt of the grievance. 13 Fourth Level -- Advisory Mediation If the grievance has not been resolved after completion of the third level above, either the Association or the City may request non-binding mediation through the State of California, Department of Industrial Relations Mediation and Conciliation Service. This mediation shall be provided by the state at no cost to either the City or the employee. 5. Fifth Level City Council If the grievance is not adjusted to the satisfaction of the employee under the procedures set forth in the forgoing sections, the employee or his/her designated representative, if any, within ten (10) working days after the completion of the last step under the third level above, shall submit a written request to the City Council or their designee, for a hearing before the City Council or their designee. Such request, along with a copy of the record of the grievance developed to that point, shall be transmitted to the City Council or designee within ten (10) working days after receipt of such request for a hearing. The City Council shall render their decision within ten (10) working days of the hearing. The decision of the City Council shall be final and binding. (7-97, Resolution No, 5402) ARTICLE 33 DEMOTION/NON-DISCIPLINARY Regular employees who are demoted due to layoff or other non-disciplinary reasons will be required to serve a new probationary period in the lower classification, provided they have not held regular status in the lower classification previously. While serving this new probationary period, the employee will retain due process rights and cannot be disciplined or terminated from City service without due process. (7-1-88) ARTICLE 34 LAYOFF PROCEDURE All regular employees whose positions have been eliminated shall be allowed to exercise their options, based on seniority, to displace an employee (bump) into the same or any one of the junior classifications within the job groupings (see Appendix B) for which they qualify or into a previously held classification with the City of Redlands. The employee must meet the minimum qualifications for the position bumped. Employees must utilize the option which places them in the highest available position. ARTICLE 35 INVESTIQATORY INTERVI W *R0 DUR Prior to any investigatory interview or consultation between an employee and the Department Head or City Manager, that could reasonably be construed to result in disciplinary action against the employee, the employee shall be given notice of the interview or consultation as soon as reasonable practical, and shall be advised of his or her right to representation under this section; and upon request shall be afforded an opportunity to contact and consult privately with a representative of the 14 Association. If requested, the employee may have an Association representative present during any such investigatory interview or consultation, and, to the extent practicable, such interviews or consultations shall be conducted during an employee's working hours. Only those persons reasonably necessary to the conduct of the interview shall be present. The employee or the City may elect to record any such investigatory interview or consultation, unless the parties mutually agree not to record such interview or consultation; however, in the event the City elects to record such an interview or consultation, it shall upon request provide the employee with a copy of said recording. The cost of providing a copy of the recording to the employee shall be borne by the employee. (7-1-82) GENERAL PROVISIONS ARTICLE 36 COPY OF M.O.U. TO EACH EMPLOYEE The City will provide each employee in the unit with a copy of this IVI.O.U. within sixty (60) days of execution. (7-1-86) ARTICLE 37 PERSONNEL RULES/SALARY RESOLUTIONS, DISTRIBUTION The City agrees to review annually with the Association major changes in the Personnel Rules and Regulations and to make available copies of the rules and regulations to all employees. Salary resolutions shall be furnished to the San Bernardino Public Employees Association and all representatives, (7-1-88) ARTICLE 38 PERSONNEL FILE No material which can reasonably be construed, interpreted, or acknowledged to be derogatory shall be placed in an employee's personnel file unless the employee has been allowed to read such material and respond to it, in writing, which response will also be placed in the personnel file, Any employee, upon request, shall have access to his/her personnel file, and shall have the right of reproduction, at cost, of his/her personnel file in full or in part. No portion of an employee's personnel file shall be transmitted to anyone other than the City Manager, Personnel Director, Department Head, Risk Management Administrators, or by Court subpoena. The employee is to be notified at the time of the request that the information has been transmitted and to whom it was sent. (7-1-82) 15 ARTICLE 39 COMMUNICATIONS The City and the Association shall work together in the interest of maintaining, and improving efficiency in all municipal operations and conservation of materials, supplies, and equipment, and for the improvement in quality of workmanship and service to the public. The City and the Association consider themselves mutually responsible to improve communications between management and employees and will use their best endeavors in establishing and maintaining effective communication channels. (7-1-86) ARTICLE 40 UNIT MODIFICATION It is understood that this M.O.U. shall constitute a bar to any petition or request for decertification of the Association as the formally recognized employee organization in the General Employees unit of representation at any time prior to the expiration date of this M.O.U. In addition, no petitions for unit modification of the General Employees unit will be accepted by the City without the express agreement of the Association. The provisions of this Article shall not be applicable where precluded by law, The Association, its successors and assigns, shall indemnify, defend and hold harmless, the City, including its agents and employees, against any claims, suite or actions made or brought against the City, including its agents and employees, for any expenses, losses or damages incurred by the City, including its agents and employees, on account of the provisions of this article. ARTICLE 41 PREVAILING BENEFITS All benefits, privileges, and working conditions enjoyed by the employees at the present time, which are not included in this agreement, shall remain in full force, unchanged and unaffected in any manner, during the term of this agreement unless changed by mutual consent. ARTICLE 42 MAINTENANCE OF MEMBERSHIP All employee members of SBPEA shall remain as members in good standing of said Association for the duration of this M.O.U. except as set forth below: During the period from March 1 through March 31 of each year, any Association member who has been a member for at least one (1 ) year, may voluntarily withdraw from Association membership, (4-30-97) 16 ARTICLE 43 USE OF BULLETIN BOARDS The City agrees that SBPEA may utilize bulletin board space in designated areas upon mutual agreement with the City. SBPEA will provide bulletin boards. The City agrees to allow the use of inter-departmental mail for distribution of SBPEA, materials to SBPEA representatives only. (11-23-92) ARTICLE 44 DIRECT DEPOSIT, Direct deposit of employee paychecks will be available to employees in this unit. (7-1-90); ARTICLE 45 LEAVE TIME REPORTING Leave time may be used and reported in increments of fifteen (15) minutes. (7-1-8 ) ARTICLE 46 WORKWEEK/STANDARD TOUR OF DUTY The standard tour of duty represents the time that an employee is regularly scheduled to work. The department head shall establish the actual number of hours which comprise the standard tour of duty for each position. Any proposed change shall be communicated to the employees and Association at least two (2) weeks prior to the proposed change being implemented unless mutually agreed upon between the employee and supervisor. If requested by the Association, the parties shall expeditiously meet and confer regarding such change. (revised 11-7-00) ARTICLE 4PROBATION The probationary period including promotional appointments shall be for a period of six (6) months unless extended by the recommendation of the department head. The probationary period for Public Safety Dispatchers shall be twelve (1 2) months. (7-1-90) ARTICLE 48 ANNIVERSARY DATE For those employees hired after July 1, 1990, the "anniversary date" shall be the day of the month in which the employee completes six (6) months of employment. When an employee receives a promotion, after July 1, 1990, the new anniversary date shall be the day of the month in which the employee completes six (6) months 17 of employment in the new classification. When a salary increase is granted, it shall be effective on the beginning of the pay period falling closest to the day of the month the employee was hired or promoted. (7-1-90) ARTICLE 49 DRIVER'S LICENSE PHYSICAL EXAMINATIONS The City will pay for the required physical examination for employees required by their job classification to maintain Class A or Class B driver's licenses. Time spent participating in the required physical examination will be considered as time worked. (6-2-72} ARTICLE 50 EMPLOYMENT EXAMINATION PROCEDURES The examination procedure for all City jobs will be as established by the City and Association. (7-1-88) ARTICLE 51 EXTENSION OF M.O. The City agrees that if a successor M.OLL has not been reached by 1200 a.m. (midnight) on the expiration date, each calendar year, the terms and conditions of the existing M.O.U. shall be extended six (6) months or until a successor P71.0.U. is adopted, whichever occurs sooner. ARTICLE 52 SAVINGS CLAUSE If any provision of this IVI.O.U., or the application of any provision, should be rendered invalid by court or legislative action, the remaining portions of this Agreement shall remain in full force and effect. ARTICLE 53 NO STRIKE PROVISION It is understood and agreed that the service performed by city employees included in this M.C .U. are essential to the public's health, safety, and welfare. Therefore, the Association agrees that it will not authorize, instigate, aid, condone, or engage in any strike, work stoppage, or other action of the City. In the event of a violation of this section, the Association agrees to take affirmative steps with the employees concerned to bring about an immediate resumption of normal work. Should there be a violation of this section, there shall be no discussion or negotiations regarding the difference or dispute during the existence of such violation or before normal work has been resumed. The City reserves the right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City. (7-1-74) 18 ARTICLE 54 MEAL PERIODS The City agrees to the following: Employees shall be entitled to a meal period which shall not be less than thirty (30) minutes or greater than sixty (60) minutes. Every effort will be made to schedule the meal period during the middle of a shift, when possible. (1-2-95) ARTICLE 55 REST PERIODS The City agrees to the following: Employees shall be entitle to two (2) daily rest periods ten (10) to fifteen (15) minutes in duration which insofar as practical shall be in the middle of each work period. The rest periods shall be considered as time worked. Employees required to work beyond their regular tour of duty shall be granted a ten (10) minute rest period for each two (2) hours of work. (1-2-95) The Association understands and agrees to the following: In regards to break periods, the following scenarios should not occur: • Combining two daily breaks into one 20-30 minute break. • "Banking" breaks from day to day. • "Saving" break time in order to extend lunch periods or shorten the workday. • Payment of compensatory time off or overtime for "unused" breaks. (1-2-95) 1B SAN BERNARDIN PUBLIC EMPLOYEES ASSOCIATION 7 Chris Prato Date General Menager, SBPEA, --- ' / T //a, /// / Kin') run -PreSTO/erlt, GEAR Risk li/10'agenlarit Tech. ill"- ,kni' IA A111-- , Jocyif, ‘laeza' SAH Wase True' Driyp2 1 ,,,,, Joe uff Senior Welder — i, / 1z/ix-NI \ /NJ 6. ', ''''' d?1 ' T,) ary/FlOrTfoo i — Sr. ACAFFOUriti Tech. ; k/ ,k . : N, /4 -:'°,,,or,,4c-- , Brian/L4vv1„„8—on f CSiitsp, cher rT r Dale McCue Equipment Operator I\ , Mario Sauced°. Sr. Water Service Worker CITY,OF REDLANDS November 21, 2000 Pat Gilbreath, Mayor Date ATTEST . ,,,/.(-r-- # ' LorrWPoyzer/ '-zy f ierk l.....,,, 20 APPENDIX A CLASSIFICATIONS INCLUDED IN THE GENERAL EMPLOYEES UNIT Accounting Technician I/11 Administrative Assistant Administrative Secretary Animal Control Officer Animal Control Supervisor Asphalt Worker Assistant Engineer Assistant Planner Associate Archivist;, Associate Planner Building Inspector I/11 Building Maintenance Worker Building Permit Technician Business License Inspector Cemetery Caretaker I/II Cemetery Services Assistant Code Enforcement Officer Community Services Officer/Dispatcher I/iI Concrete Worker Crime Analyst Cross Connection Control Inspector Electrician Equipment Operator Equipment Maintenance Administrative Assistant Fire Mechanic Forensic Services Supervisor Geographic Information Systems Technician Grounds Maintenance Worker I/11 Housing Coordinator Housing Technician Human Resources Assistant Human Resources Technician ID and Property Technician Industrial Waste inspector Junior Engineer Kennel Attendant Laboratory Technician I/Il Library Clerk Library Information Systems Technician Library Specialist I/ll Line Maintenance Worker Maintenance Custodian Maintenance Worker Mechanic Assistant Mechanic I/II MIS Support Technician 21 Park Maintenance Mechanic Parking Citation Technician Plant Mechanic 1/1I Police Customer Service Representative Police Parking Control Officer Police Records Supervisor Public Information Specialist Purchasing Assistant Purchasing Supervisor Recreation Program Coordinator Regulatory Compliance Officer Resident Construction Inspector Risk Management Technician Risk Management Technician Senior Accounting Technician Senior Administrative Assistant Senior Asphalt Worker Senior Building Maintenance Worker Senior Cemetery Caretaker Senior Code Enforcement Officer Senior Communications Specialist Senior Concrete Worker Senior Equipment Operator/Landfill Senior Equipment Operator/Water Senior Grounds Maintenance Worker I/II Senior Information Systems Technician Senior Line Maintenance Worker Senior Mechanic Senior Recreation Program Coordinator Senior Sign and Paint Worker Senior Solid Waste Truck Driver Senior Storekeeper Senior Street Maintenance Worker Senior Tree Trimmer Senior Water Meter Reader Senior Water Service Worker Senior Welder Sign and Paint Worker Solid Waste Collector Solid Waste Customer Services Representative Solid Waste Route Supervisor Solid Waste Truck Driver Storekeeper Street Sweeper Operator Supervising Laboratory Technician Traffic Signal Technician I/Il Tree Trimmer 1111 Utilities Database Technician Utility Billing Supervisor Wastewater Treatment Operator I/II/II/IV 22 Water Distribution Supervisor Water Line/Fire Specialist Water Meter Reader Water Production Maintenance Supervisor Water Production Plant Supervisor Water Quality Control Officer Water Quality Technician I/II Water Service Worker I/II Water Treatment Operator II/III/IV Weider Worker's Compensation Technician 23 APPENDIX B LAYOFF JOB GROUPINGS (PER ARTICLE 34) 36 Library Clerk 38 Administrative Assistant I 38 Police Parking Control Officer 39 Storekeeper 40 Accounting Technician I 41 Building Permit Technician 42 Administrative Assistant II 42 Police Customer Service Rep 43 Library Specialist I 43 Senior Storekeeper 44 Account Technician II 46 Administrative Secretary 47 Library Specialist 48 Humeri Resources Assistant 48 Purchasing Assistant 48 Senior Accounting Technician 4-9 Cemetery Services Assistant 49 Flecreation Program Coordinator 49 Senior Administrative Assistant 52 Human Resources Technician 52 Risk Management Technician 52 Workers Compensation Technician 53 Associate Archivist 54 Purchasing Supervisor 55 Police Records Supervisor 34 Kennel Attendant 38Y IVIainteriance Worker 43 Mechanic Assistant 47 Mechanic I 51 Mechanic II 51 Plant Mechanic I 51 VVelder 55 Fire Mechanic 55 Plant Mechanic II 55 Senior Welder 59 Senior IVIechanic 34 Kennel Attendant 40Y Animal Control Officer 55 Animal Control Supervisor 24 38 Police Parking Control Officer 42 CSO/ Public Safety Dispatcher I 42 Police Customer Service Rep 46 CSO/Public Safety Dispatcher H 50 I.D. Technician 55 Police Records Supervisor 54 Code Enforcement Officer 58 Senior Code Enforcement Officer 59 Assistant Planner 63 Associate Planner 51 Building Inspector I 54 Code Enforcement Officer 55 Building Inspector II 58 Senior Code Enforcement Officer 34 Kennel Attendant 38Y Cemetery Caretaker I 38Y Grounds Maintenance Worker I 38'( Maintenance Worker 42 Cemetery Caretaker II 42 Grounds Maintenance Worker II 43 Tree Trimmer I 46 Park Maintenance Mechanic 46 Senior Grounds Maintenance Worker I 47 Senior Cemetery Caretaker 47 Tree Trimmer II 50 Senior Grounds Maintenance Worker 51 Senior Tree Trimmer 52 Senior Building Maintenance Worker 48 Building Maintenance Worker 42 Maintenance Custodian 38Y Maintenance Worker 34 Kennel Attendant Junior Engineer 49Y Resident Construction Inspector 34 Kennel Attendant 38Y Maintenance Worker 47 Line Maintenance Worker 48 Wastewater Treatment Operator I 49 Laboratory Technician I 51 Senior Line Maintenance Worker 52 Wastewater Treatment Operator II 53 Industrial Waste Inspector 53 Laboratory Technician II 56 Wastewater Treatment Operator III 58 Wastewater Treatment Operator IV 25 65 Regulatory Compliance Officer 48Y Traffic Signal Technician II 50 Traffic Signal Technician I 54 Electrician 60 Senior Communications Electrician Specialist Water Production Maintenance Supervisor Water Production Plant Supervisor 34 Kennel attendant 38Y Maintenance Worker 42 Water Service Worker 42 Water Meter Reader 46 Senior Water Meter Reader 46 Senior Water Service Worker 46 Water Line/Fire Specialist 47 Line Maintenance Worker 51 Senior Equipment Operator 51 Senior Line Maintenance Worker 51 Welder 52 Water Quality Technician II 52 Water Treatment Operator II 55 Cross Connection Control Inspector 55 Senior Welder 56 Water Treatment Operator Ill 58 Water Quality Control Officer 58 Water Treatment Operator IV 60 Water Distribution Supervisor 34 Kennel Attendant 38Y Maintenance Worker 47 Asphalt Worker 47 Concrete Worker 47 Sign and Paint Worker 51 Senior Asphalt Worker 51 Senior Concrete Worker 51 Senior Equipment Operator 51 Senior Sign and Paint Worker 34 Kennel Attendant 38Y Maintenance Worker 41 Solid Waste Collector 47 Solid Waste Truck Driver 51 Senior Equipment Operator 51 Senior Solid Waste Truck Driver 57 Solid Waste Route Supervisor Employees being displaced to any position in the Police Department must successfully complete a background investigation prior to transfer. 26 MEMORANDUM OF UNDERSTANDING SIDE LETTERS It is agreed and understood that the following side letters are not subject to the grievance procedure, 1 . CATASTROPHIC LEAVE PROGRAM - By July 1 , 2001 , the Personnel Manager will meet with all City employee organizations for the purpose of discussing the concept of establishing a City-wide Catastrophic Leave Program. GEAR shall have two (2) unit members serve on the Committee. 2. CLASSIFICATION STUDY POLICY - By February 2001 , the City agrees to meet with the Association to discuss a proposed City classification study policy. 27 MOU. - General Employees - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously ratified a Memorandum of Understanding (M.O,U.) covering the period May 1, 2000, through June 30, 2003, with the General Employees Association of Redlands, MOJJ. - Management Employees - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously ratified a Memorandum of Understanding (M OU.) covering the period May 1, 2000, through June 30, 2002, with the Redlands Association of Management Employees, Resolution No. 5819 - Salary - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5819, a resolution of the City Council of the City of Redlands establishing a salary schedule and compensation plan for City employees and rescinding Resolution No, 5788. This resolution reflects the salary increases for the General and Management employee units of representation which were approved by the City Council on November 7, 2000, It also reflects additions to the Police Department staffing levels which were approved by the City Council on November 7, 2000, (COPS More grants) and the recent reassignment of two classifications (Assistant Finance Director and City Planner) from the Mid- Management unit of representation to the Management unit of representation. Appointment - DRBA Board - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously appointed Heather Stevening to the Downtown Redlands Business Association (DRBA) Advisory Board as recommended by the DRBA Advisory Board. CDBG Funds - Project Home Again - On motion of Councilmember Flaws, seconded by Councilmember Freedman, the City Council approved establishment of a new project, Project Home Again: Infrastructure Improvements, for the purpose of constructing sewer and water main improvements to the Family Service Association's Project Home Again facility located at 612 Lawton Street, using 550,000.00 in CDBG funds from CDBG Project No. 111-20925/1229 (Project Home Again. Playground Equipment) and $3,000.00 from CDBG Project No. 111-20825/1230 (Counseling Center and Design-Family Service Association) with Councilmember Gilbreath abstaining. On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council approved cancellation of Project No. 111-20925/1229 (Project llome Again: Playground Equipment) and to reprogram the 53,000.00 in allocated funds into the newly created project, Project Home Again: Infrastructure Improvements with Councilmember Gilbreath abstaining, On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council approved cancellation of Project No, 111-20825/1230 (Counseling Center and Design-Family Ser ice Association) and to reprogram the $3,000.00 November 21, 2000 Page 3