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HomeMy WebLinkAboutContracts & Agreements_141-2023MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS TEAMSTERS LOCAL #1932 JULY 1, 2023 - JUNE 3012026 Between The City of Redlands And Teamsters Local #1932 July 1, 2023- June 30, 2026 TABLE OF CONTENTS ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING 5 ARTICLE 2. PREAMBLE 5 ARTICLE 3. RECOGNITION 5 ARTICLE 4. MANAGEMENT RIGHTS 5 ARTICLE 5. SALARIES 5 ARTICLE 6. RETIREMENT 6 ARTICLE 7. LONGEVITY PAY 7 ARTICLE 8. OVERTIME 7 ARTICLE 9. CERTIFICATION PAY 7 ARTICLE 10. WORKING OUT OF CLASSIFICATION PAY 7 ARTICLE 11. SPECIAL ASSIGNMENT PAY 8 ARTICLE 12. CALL BACK PAY 8 ARTICLE 13. STAND-BY PAY 8 ARTICLE 14. SCHEDULED RECALL TO WORK 9 ARTICLE 15. SHIFT DIFFERENTIAL 9 ARTICLE 16. UNIFORM ALLOWANCE 9 ARTICLE 17. RIDESHARING 11 ARTICLE 18. TUITION REIMBURSEMENT 11 ARTICLE 19. BILINGUAL PAY 11 ARTICLE 20. DEATH OF EMPLOYEE 12 ARTICLE 21. HEALTH INSURANCE 12 ARTICLE 22. DENTAL INSURANCE 13 ARTICLE 23. VISION CARE 13 ARTICLE 24. LIFE INSURANCE 13 ARTICLE 25. WORKERS' COMPENSATION/SDI 13 ARTICLE 26. VACATION 13 ARTICLE 27. SICK LEAVE 14 City of Redlands I Teamsters MOU 2023-2026 ARTICLE 28. BEREAVEMENT LEAVE 14 ARTICLE 29. LEAVE OF ABSENCE WITHOUT PAY 15 ARTICLE 30. MILITARY LEAVE 15 ARTICLE 31. HOLIDAYS 15 ARTICLE 32. COMPENSATORY TIME OFF 16 ARTICLE 33. SHOP STEWARD RELEASE TIME 16 ARTICLE 34. MEAL PERIODS 16 ARTICLE 35. REST PERIODS 16 ARTICLE 36. CATASTROPHIC LEAVE 17 ARTICLE 37. LEAVE TIME REPORTING 17 ARTICLE 38. COMMERCIAL DRIVER'S LICENSE 17 ARTICLE 39. EMPLOYMENT EXAMINATION PROCEDURES 17 ARTICLE 40. PROBATION 17 ARTICLE 41. REVIEW/EVALUATION DATE 18 ARTICLE 42. PERFORMANCE EVALUATIONS 18 ARTICLE 43. WORKWEEK /STANDARD TOUR OF DUTY 18 ARTICLE 44. SOLID WASTE ROUTE BIDDING 18 ARTICLE 45. FLOATER PREMIUM PAY 18 ARTICLE 46. PROMOTIONAL POSITIONS 19 ARTICLE 47. NO STRIKE PROVISION 19 ARTICLE 48. DIRECT DEPOSIT 19 ARTICLE 49. PERSONNEL FILE 19 ARTICLE 50. COPY OF MOU TO EACH EMPLOYEE 19 ARTICLE 51. RULES, REGULATIONS AND RESOLUTIONS 20 ARTICLE 52. DISCIPLINARY PROCEDURE 20 ARTICLE 53. GRIEVANCE PROCEDURE 25 ARTICLE 54. DEMOTION/NON-DISCIPLINARY 29 ARTICLE 55. LAYOFF PROCEDURE 29 ARTICLE 56. MAINTENANCE OF MEMBERSHIP 31 ARTICLE 57. D.R.I.V.E 31 ARTICLE 58. UNIT MODIFICATION 31 ARTICLE 59. COMMUNICATIONS 31 ARTICLE 60. USE OF BULLETIN BOARDS 32 ARTICLE 61. PREVAILING BENEFITS 32 ARTICLE 62. EXTENSION OF MOU 32 ARTICLE 63. SAVINGS CLAUSE 32 City of Redlands 1 Teamsters MOU 2023-2026 ri ARTICLE 64. ZIPPER CLAUSE 32 ARTICLE 65. SIGNATURES 32 City of Redlands 1 Teamsters MOU 2023-2026 • Article 1. TERM OF MEMORANDUM OF UNDERSTANDING Except where expressly stated otherwise herein, the City and the union agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 2023 and shall expire on June 30, 2026. Article 2. PREAMBLE It is the intent and purpose of this MOU 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 Association represented by the Teamsters Local 1932 (hereinafter referred to as "Union"). Article 3. RECOGNITION A unit employee shall be defined as an employee of the City and assigned to the General Unit by the City Manager in accordance with City policies and procedures. 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 effects on matters within the scope of representation. Article 5. SALARIES Unit members shall receive the following salary increases: a. Effective July 24, 2023, all unit employees will receive a seven percent (7%) increase to base salary. Any and all economic terms in this Agreement will be effective July 24, 2023. b. Effective the first full pay period following July 1, 2024, all unit members will receive a two percent (2%) increase to base salary. City of Redlands 1 Teamsters MOU 2023-2026 ®', c. Effective the first full pay period following July 1, 2025, all unit members will receive a two percent (2%) increase to base salary. Article 6. RETIREMENT A. Classic Members 1. All "classic" unit members including those first employed on and after March 11, 2010, shall personally fund 100% of the 7% of compensation earnable as and for the individual member's normal employee PERS contribution. (The term "classic" member is defined in the Public Employee's Pension Reform Act of 2013-"PEPRA.") All "classic" member normal contributions required to be paid by the member, whether paid by the employer or the member, shall be credited to the member's CalPERS account. The City shall adopt the necessary resolution(s) so that individual member contributions made by the employee may be excluded from taxable income pursuant to Section 414(h)(2) of the United States Internal Revenue Code. Whether as authorized by Government Code § 20692, 20636(c)(4) or any other statutory or legal basis, the City shall not report to CaIPERS as any type of compensation, any portion of the normal employee PERS contributions required by PERS which are funded by the employee. 2. The City shall continue to include in this contract with CaIPERS, the following provisions: HIGHEST SINGLE YEAR SURVIVOR CONTINUANCE 2% @ 55 RETIREMENT FORMULA B. New Members 1. The Public Employee's Pension Reform Act of 2013 — "PEPRA" (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may from time to time exist, during and after the term of this MOU, as described below. 2. Unit employees who are "new members" as defined in the PEPRA, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CaIPERS) for the Defined Benefit Plan in which said newly hired member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (Government Code section 7522.30) 3. Unit employees who are "new members," as defined in the PEPRA, on and after January 1, 2013, shall be enrolled in the retirement plan of 2%@62 (Government Code section 7522.20(a), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a).) City of Redlands 1 Teamsters MOU 2023-2026 III Article 7. LONGEVITY PA Y A. Employees with fifteen (15) years continuous service with the City shall advice to Step "5" on the salary schedule which shall be a minimum of three percent (3%) higher than Step "4," effective with the beginning of the pay period closest to completion of their 15th year of service. B. Employees with twenty (20) years continuous service with the City shall advance to Step "6" on the salary schedule which shall be a minimum of two percent (2%) higher than Step "5," effective with the beginning of the pay period beginning closest to completion of their 20th year of service. C. In the event that an employee is not at Step "4" when he/she is eligible for Step "5," at the completion of fifteen (15) 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 Step "5." D. In the event that an employee is not at Step "5" when he/she is eligible for Step "6," at the completion of twenty (20) 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 Step "6." Article 8. OVERTIME A. Overtime pay shall be earned at time and one-half for all hours. The employee may elect to earn compensatory time off, at one and one-half time, in lieu of overtime pay. For shifts that exceed 12 hours, employees will be paid double time or earn compensatory time off at double time rate. Overtime must be paid at the time it is worked or accrued as compensatory time. Accrued compensatory time will not be paid off in lump sum except at termination and only for those hours on the official payroll records. B. Paid leave time -- which encompasses vacation, sick, floating holiday, and compensatory time -- shall not be considered hours worked for the computation of overtime. Paid holiday time and jury duty shall be considered hours worked for the computation of overtime. C. 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 (3%2) hours, will be entitled to have a meal at the expense of the City or be entitled to be reimbursed for a meal, either during the incident for which the employee is working overtime for or at discharge from the incident. The cost of the reimbursement shall not exceed the US General Services Administration's guidelines for "Dinner" in San Bernardino County for the date of the incident. Article 9. CERTIFICATION PA Y Employees in the classifications of Water Distribution Operator and Water Distribution Crew Leader who obtain State issued water distribution certificates above and beyond the minimum requirements as set forth in their respective job description shall be eligible for an additional three percent (3%) of base salary for each additional certificate. 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. Employees approved to work out of class shall be placed at Step 0 of the classification in which they are City of Redlands 1 Teamsters MOU 2023-2026 1111 working. If Step 0 does not provide a 5% increase, the employee will be placed at the step on the range that provides a 5% increase. Placement will not exceed Step 4 of the range. A. In order to receive out of classification pay the following provisions must occur: 1. A vacancy or absence must exist for out of classification pay to be paid. 2. The employee receiving out of classification pay must perform essentially all of the functions of the higher classification in order to receive compensation. 3. The employee shall meet the minimum qualifications for the higher classification in order to be eligible for out of classification pay. 4. The employee shall have completed five (5) consecutive full work days in the higher classification and shall then be eligible for out of classification pay commencing with the sixth (6th) consecutive day working out of classification and continuing for all consecutive days worked thereafter C. Working out of classification pay will only be authorized upon recommendation to and approval by the Director, Human Resources/Risk Management by the Department Head and will require a Personnel Action Form with supporting documentation justifying the assignment. Article 11. SPECIAL ASSIGNMENT PAY Employees performing in a capacity beyond the normal scope of their duties, and with increased and direct responsibility and personal liability for City operations shall be eligible for Special Assignment Pay. Special Assignment Pay shall be at a flat rate not to exceed ten percent (10%) of base salary. Special Assignment Pay will only be authorized upon Department Head recommendation, Human Resources Director concurrence and City Manager approval. Article 12. CALL BACK PAY A. An employee will be eligible for Call Back Pay when an employee is called in to work outside of their scheduled shift. 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 of 12:00 a.m. and 7:00 a.m. B. When an employee has worked at least two (2) hours during the eight (8) hours prior to the commencement of his/her regular work schedule, the employee shall report to duty at the regular scheduled shift immediately commencing ten (10) hours after the end of the callback assignment. When an employee has worked (4) continuous hours within eight (8) hours prior to his/her regular start time, he/she shall get the next day off and shall be compensated at the regular rate of pay for the time off C. Where the working of call back time results in the employee starting his/her regularly scheduled shift after the regularly scheduled shift commences, the missed hours of work shall not be deducted from the employee's hours worked total for the weekly work period. Article 13. STAND-13YPAY A. 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 regularly scheduled day off, weekend day or holiday. City of Redlands 1 Teamsters MOU 2023-2026 B. In order to qualify for standby pay employees must: 1. Be available via a city issued device; 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. Any employee who is unable to respond within thirty (30) minutes may be eliminated from the standby rotation. Article 14. SCHEDULED RECALL TO WORK The City agrees that when employees of the Municipal Utilities and Engineering 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 a.m., 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. Article 15. SHIFT DIFFERENTIAL The City agrees to provide a five -percent (5%) shift differential to those employees who work one-half of their regularly scheduled shifts 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. Article 16. UNIFORM ALLOWANCE A. Uniformed employees shall in lieu of the uniform allowance, be provided uniform rental and laundering services at City expense (valued at $125 per year). Upon termination of employment, employees whose uniforms were provided to them will be required to return the uniforms to the City. It is a requirement that employees wear the designated uniform and appropriate footwear to work daily. Classifications covered by this provision are: Asphalt Worker Building Maintenance Worker Cemetery Caretaker II Cemetery Crew Leader Cross Connection Control Inspector Customer Service Field Technician J J Electrical and Instrumentation Apprentice Electrical and Instrumentation Technician Electrician Equipment Mechanic I/II Equipment Operator OIT/I/II Fire Mechanic Grounds Maintenance Worker I/II Grover Maintenance Worker Solid Waste Truck Driver Sr. Asphalt Worker Sr. Building Maintenance Worker Sr. Customer Service Field Technician Sr. Equipment Operator Sr. Grounds Maintenance Worker I/II Sr. Grove Maintenance Worker Sr. Street Maintenance Worker I/II Sr. Water Quality Technician Tree Trimmer I/II Utilities Maintenance Foreperson JWastewater Collection Systems Worker I/II/III Wastewater Facilities Operator I/II/III/IV/V Water Distribution Crew Leader City of Redlands 1 Teamsters MOU 2023-2026 n Laboratory Analyst I/11/III/IV Maintenance Worker I/II Plant Mechanic I/11 Sign & Paint Worker Water Distribution Operator Water Meter Reader 1/11 Water Quality Technician I/11 I Water Treatment Operator I/II/III/IV/V IWelder B. The following employees shall in lieu of the clothing allowance be provided five (5) Polo Shirts/T Shirts twice a year, in January and July: Building Inspector I/II (Polo) Program Specialist (T-shirt) Code Enforcement Officer I/II (Polo) J Sr. Building Inspector (Polo) Program Aid (T-Shirt) I Sr. Code Enforcement Officer (Polo) J C. 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 three hundred dollars ($300.00) bonus in lieu of the uniform allowance. This bonus will not be reported to PERS as compensation. D. Classifications listed below on payroll as of June 1 of each year and at the time the check is issued shall receive an annual $300.00 for required boot/footwear. Asphalt Worker I Sr. Asphalt Worker Building Inspector I/11 I Sr. Building Inspector Building Maintenance Worker j Sr. Building Maintenance Worker Cemetery Caretaker II Cemetery Crew Leader I Sr. Code Enforcement Officer Sr. Construction Inspector Code Enforcement Officer I/11 Sr. Customer Service Field Technician Construction Inspector Sr. Equipment Operator Cross Connection Control Inspector Sr. Grounds Maintenance Worker I/II Customer Service Field Technician Sr. Grove Maintenance Worker Electrical and Instrumentation Apprentice Sr. Street Maintenance Worker I/11 Electrical and Instrumentation Technician Sr. Water Quality Technician Electrician Tree Trimmer I/II Equipment Mechanic I/II Utilities Maintenance Foreperson J Equipment Operator OIT/I/II Wastewater Collections System Supervisor Fire Mechanic Wastewater Collection Systems Worker I/II/111 Grounds Maintenance Worker I/II Wastewater Facilities Operator I/II/III/IV/V Grove Maintenance Worker Wastewater Supervisor Laboratory Analyst I/II/III/IV Water Distribution Crew Leader Maintenance Worker I/II Water Distribution Operator NPDES Inspector I/II Water Distribution Supervisor Plant Mechanic I/11 Water Meter Reader I/II J Regulatory Compliance Officer Water Production Maintenance Supervisor City of Redlands 1 Teamsters MOU 2023-2026 Sign & Paint Worker I Water Production Operations Supervisor I Solid Waste Route Coordinator I Water Quality Technician 1/11 Solid Waste Truck Driver I Water Treatment Operator 1/11/III/IV/V Welder E. Employees new to a classification listed in Section D shall receive one half (1/2) of the annual footwear allowance, to be followed on June 15t of their first year with the second half of the footwear allowance. F. The parties recognize that their best efforts have been made to list the appropriate job classifications and uniform entitlement. In the event there is a change to job duties or an error has been made and a classification has been misidentified, that classification will be added to the above appropriate category. If new classifications are added during the term of this MOU (2023-2026), the City and the unit will meet and confer on eligibility of the newly added classification. Article 17. RIDESHARING A. All employees are eligible for participation in the City's ridesharing program. Participation in the program is voluntary and shall be in full compliance of Redlands Ridesharing Program Policy. Approved participants shall receive fifteen (15) minutes of accrued rideshare time for each rideshare day. Ridesharing shall be reported on individual employee timesheets. B. The program shall be monitored by the Program Coordinator. Participants in violation of the Ridesharing Policy, including falsification of reporting, shall be permanently dismissed from the program and subject to disciplinary action. Article 18. TUITION REIMBURSEMENT A. Each Unit employee shall be entitled to tuition reimbursement for courses and books while attending an accredited school of higher learning. The course must be pre -approved by the employee's department head and Human Resources. B. Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by the University of California, Riverside. An employee shall not receive reimbursement in excess of two thousand Dollars ($2,000) in any one fiscal year. The difference between the City's maximum obligation during any fiscal year and the amount of any actual reimbursement received by the employee during that fiscal year shall not be carried over or be available to use by the employee in any subsequent fiscal year. C. The course must be satisfactorily completed with a minimum grade of "C" or equivalent. D. Upon the approval of the department head and Human Resources, a Unit employee may use up to two hundred -fifty ($250) per year of their Tuition Reimbursement for attendance at a seminar or conference for the purpose of professional development. Article 19. BILINGUAL PAY Employees are eligible for bilingual pay in accordance with the City's Bilingual Pay Program, and upon approval by the Department Head and Human Resources/Risk Management Director. Authorized employees shall receive additional compensation in the amount of one hundred dollars ($100) per month. City of Redlands I Teamsters MOU 2023-2026 El Article 20. DEATH OF EMPLOYEE A. The eligible dependents of deceased employees shall be entitled to benefits as follows: B. Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU. C. In the event the deceased employee qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement. Article 21. HEALTH INSURANCE A. The City shall contribute directly to CalPERS on behalf of each employee three hundred and ninety- seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. In addition, the City shall contribute an amount through the City's cafeteria plan that is equal to the difference between the City's minimum PEMHCA contribution and the following amounts: COVERAGE LEVEL Employee Only:._.._._.____..._.._............_. _._.__.. Employee Plus One Dependent: TOTAL CITY CONTRIBUTION UPON APPROVAL AND ADOPTION OF AGREEMENT Employee plus Two or more Dependents: $750 $1,500 $1,950 EFFECTIVE JANUARY 1, 2024 $775 $1,550 $2,025 EFFECTIVE JANUARY 1, 2025 $800 $1,600 $2,100 B. City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical plan premiums, flexible spending account, and post -employment health plan. C. The City agrees to provide a stipend of three hundred and fifty dollars ($350), on a monthly basis, for those employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit. D. RETIREE INSURANCE BENEFITS. 1. For all unit members who qualify as an "annuitant" under PEMHCA, the City will contribute directly to CaIPERS on behalf of each annuitant three hundred and ninety-seven dollars ($397) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. 2. Upon service retirement and completion of twenty (20) cumulative years of service with the City an employee hired prior to March 11, 2010, who qualifies as an annuitant under PEMHCA, may elect to receive as City contributions to a retiree health savings account the difference between the PEMHCA minimum and the cost of fully paid medical insurance (excludes vision coverage) for the employee and eligible dependents, under the City's medical insurance program. Employees hired on or after March 11, 2010 are not eligible for this benefit. City of Redlands 1 Teamsters MOU 2023-2026 Is 3. Unit members with ten (10) years of continuous employment with the City who concurrently retire from the City and the CaIPERS system and who qualify as an annuitant under PEMHCA may elect to receive the "Medical Bridge." Under the "Medical Bridge," the City will contribute the difference between the PEMCHA minimum and the cost of single party coverage for the retired unit member only for the lowest cost medical and dental insurance plans as provided by the City to its then existing unit members until the member reaches the age of Medicare eligibility at which time the benefit will cease and unit members will only receive the PEMHCA minimum contribution. Unit members who receive the medical bridge can select higher cost plans offered by the City to its then existing members and/or coverage for dependents, however, the additional cost for the plan or additional dependents shall be paid for by the Unit member and not by the City. Article 22. DENTAL INSURANCE The City agrees to pay the full monthly premium for dental insurance under the Principal Financial dental plan or its equivalent for each employee in the unit and all eligible dependents. Article 23. VISION CARE The City agrees to reimburse each employee in the unit up to three hundred dollars ($300) 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 or the reimbursement of a 3rd party vision insurance premium, with documentation of paid premiums to be submitted once a year. Article 24. LIFE INSURANCE The City shall contribute the monthly premium for term life insurance in the amount of twenty-five thousand dollars ($25,000) for all employees in the unit. Article 25. WORKERS' COMPENSATION/SDI A. The City agrees to provide City paid State Disability Insurance coverage to all employees in the unit. B. Sick leave or compensatory time may be used to supplement a Workers' 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 Payroll. Article 26. VACATION A. The vacation accrual for employees in the unit shall be as follows: YEARS/MONTHS OF SERVICE ACCRUAL RATE — HOURS 0 — 5 (0-59 months) 80 6 — 7 (60-83) 120 8 —10 (84-119) 140 11-14 (120-167) 160 15+ (168+) 200 City of Redlands I Teamsters MOU 2023-2026 B. The maximum vacation accrual shall be three (3) years. In November of each calendar year all vacation hours in excess of three (3) years accrual will be paid off at the employee's current hourly rate. Article 27. SICK LEAVE A. ACCRUAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service. B. USE: Employees may use up to half of their annual sick leave accrual, forty-eight (48) hours, to care for ill family members. C. BUYBACK: 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 following calendar year in excess of six (6) sick leave days in November of the following year. A total of one (1) year's accumulation, ninety-six (96) hours, must be on the books prior to any compensation being paid. This election is irrevocable and may not be changed after the election is made. Employees in the unit may also choose to accumulate all sick leave days, from calendar year to calendar year, to an unlimited amount. D. AT SEPARATION OF SERVICE: Upon voluntary separation of service or layoff with the City, employees with ten (10) or more years of continuous service will be eligible to cash in unused sick leave at the following formula: YEARS OF SERVICE PERCENT 10 —15 25 16 — 20 35 21+ 50 In the event of separation due to layoff for an employee with less than 10 years of service, the employee will be eligible for 25% of unused sick leave Employees electing this option shall be responsible for any and all future medical insurance premiums. E. UPON SERVICE RETIREMENT: In lieu of the benefit D and 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 deposited in the Post Employment Health Plan (PEHP) where it can be used for applicable premiums payable under the City's medical insurance program for the employee and the employee's eligible dependents. 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 PEHP. F. CONVERSION TO SERVICE CREDIT: In lieu of benefits D and E cited above, employees in the unit may elect to have all remaining sick leave accrued at the time of service retirement converted to PERS service credit. Article 28. BEREAVEMENT LEAVE In the event of a death in the immediate family, an eligible employee will be compensated with four (4) days paid leave. In addition, eligible employees may be allowed to use accrued sick leave with full pay City of Redlands I Teamsters MOU 2023-2026 rl not to exceed three (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse or registered domestic partner: spouse, register domestic partner, child (including foster child or ward of the court), parent, grandparent, brother, sister, niece, nephew, step -children, and grandchildren. 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. It is understood that Bereavement Leave is not just to allow employees to attend funeral services, but to allow employees to morn and process the passing of a family member or help a spouse to do so. If requested by the employee, Bereavement Leave may be split into two (2) blocks of time that, when combined, shall not exceed the seven (7) days specified above. Bereavement leave must be completed within three (3) months of the death of the family member. Article 29. 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. Article 30. 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. Article 31. HOLIDAYS A. The holidays which will be honored for employees in the unit will include the following, along with any additional day as designated by action of the City Council: HOLIDAY 1 DAY OBSERVED New Year's Day January 1 Martin Luther King Day Third Monday in January President's Day Third Monday in February Cesar Chavez March 31 Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Day Friday after Thanksgiving Day Christmas Eve December 24 Christmas Day December 25 B. If the holiday falls on Saturday, Friday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday. City of Redlands 1 Teamsters MOU 2023-2026 Ei C. If a scheduled holiday falls on an employee's regular day off, the employee shall be compensated for one day of holiday compensation at straight time. Employees should not be scheduled to work both the designated holiday and the actual holiday. D. Holiday pay shall be compensated in accordance with the employee's standard work schedule. E. Employees in the unit are also entitled to receive: 1. Two (2) Floating Holidays per calendar year 2. Twenty (20) Hours of Additional Floating Holidays per calendar year F. 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 315t of any given year will be forfeited. G. The A.K. Smiley Public Library will be closed on the Saturday following Thanksgiving Day. Article 32. COMPENSATORY TIME OFF Compensatory Time Off (CTO) shall accrue at the rate of one and one-half (1-1/2) hours for each overtime hour worked in accordance with the Fair Labor Standards Act. CTO shall not accumulate in excess of two hundred (200) hours at any given time. Use of compensatory time -off earned shall be granted so that it does not unduly disrupt the operations of the City. Terminating employees shall be compensated for accrued compensatory hours. Article 33. SHOP STEWARD RELEASE TIME The Union may designate up to eight (8) Shop Stewards, three (3) Deputy Chief Stewards, and one (1) Chief Steward to attend Union meetings/business on City time. • Eight Shop Stewards shall be granted up to two (2) hours per month. • Three Deputy Chief Stewards shall be granted up to five (5) hours per month. • The Chief Steward shall be granted up to thirteen (13) hours per month. This time shall be in addition to meetings or tasks assigned by the City Manager, Human Resources or City Council members. Release Time must be scheduled in advance and the supervisor must be notified. The Human Resources Director may approve additional time off for shop stewards as well. A listing of all Shop Stewards, along with their designations, shall be provided to Human Resources upon request of the Business Agent or at a minimum of once a year. Article 34. MEAL PERIODS 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. Article 35. REST PERIODS A. The City agrees to the following: Employees shall be entitled 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. City of Redlands 1 Teamsters MOU 2023-2026 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. B. The Union understands and agrees to the following. With regard to break periods, the following scenarios should not occur: 1. Combining two daily breaks into one 20-30 minute break. 2. "Banking" breaks from day to day. 3. "Saving" break time in order to extend lunch periods or shorten the workday. 4. Payment of compensatory time off or overtime for "unused" breaks. Article 36. CATASTROPHIC LEAVE Employees are eligible for catastrophic leave in accordance with the City's Catastrophic Leave Policy. Article 37. LEAVE TIME REPORTING Leave time may be used and reported in increments of fifteen (15) minutes. Article 38. COMMERCIAL DRIVER'S LICENSE 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. In addition, the City will provide reimbursement up to $2,000 for fees associated with obtaining the initial commercial driver's license. This reimbursement will be provided upon submission of receipts and proof of successfully obtaining the commercial license. Employees within the following classifications will have 9 months from their hire date to obtain the required CDL. Classifications which require obtaining a CDL prior to the end of probation. Equipment Operator OIT I Plant Mechanic I Tree Trimmer I Water Distribution Operator Wastewater Collection System Worker I Maintenance Worker The City shall reimburse employees, with a job classification which requires a Hazardous Materials endorsement, up to $100 to offset the costs associated with maintaining that particular endorsement. Article 39. EMPLOYMENT EXAMINATION PROCEDURES The examination procedure for all City jobs will be as established by the City and Union. Article 40. PROBATION A. Employees new to the unit shall serve a probationary period of twelve (12) months. B. Employees who are promoted shall serve a probationary period of six (6) months. Existing employees who are placed in a new position which requires a probationary period shall also serve a probationary period of six (6) months. A promotional probationary employee who is subject to discipline as defined City of Redlands 1 Teamsters MOU 2023-2026 in by City rules and regulations, shall retain the right to challenge the action in the same manner as a non -promotional employee who has successfully completed the probationary testing period. C. Probationary periods may be extended as set forth in the City's Personnel Rules and Regulations. Article 41. REVIEW/EVALUATION DATE For those employees hired after July 1, 1990, the "review/evaluation date" shall be the day of the month in which the employee completes the probationary period. When an employee receives a promotion, after July 1, 1990, the new review/evaluation date shall be the day of the month in which the employee completes the probationary period 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. Article 42. PERFORMANCE EVALUATIONS In cases where a performance evaluation has not been received by an employee within 30 days of the eligibility date, the employee should contact the supervisor, who must complete and file the evaluation within ten (10) working days. If the employee has not received a fully completed performance evaluation within 30 days after the date the supervisor was notified, the evaluation shall be considered to have met all the necessary criteria to warrant any merit (step) increase that may be forth coming. Said merit (step) increase shall be paid retroactively to the original eligibility date. Article 43. 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 the union 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 union, the parties shall expeditiously meet and confer regarding such change. A 75% majority of members in a department may propose a plan for a change in their scheduled tour of duty to their Department head, through their direct supervisor, for review. Human Resources and the Department Head shall provide a written response to the proposal, if the proposal is denied the union shall have no recourse to the grievance procedure. If the proposal is accepted that in no way implies a past practice by the City. This language is in no way intended to take away or change any provision within the Managements Rights clause within the MOU. Article 44. SOLID WASTE ROUTE BIDDING The City agrees to adhere to the Solid Waste Route Bidding process, based on seniority, as established as part of the Solid Waste Department's operating procedures. Article 45. FLOATER PREMIUM PAY Solid Waste Truck Drivers who bid and work a floater route shall receive $2.00/hour in addition to their base salary for every hour worked as a floater. To qualify for Floater Premium Pay, an employee must be a full-time Solid Waste Truck Driver with a minimum of 5 years in the classification with the City of Redlands and had not received any discipline above a written reprimand within the past 12 months. City of Redlands 1 Teamsters MOU 2023-2026 Article 46. PROMOTIONAL POSITIONS A. The City may seek only promotional candidates to fill available positions. In this case, distribution of job announcements shall be limited to internal sources. Promotional candidates shall follow the procedures identified in the City's Personnel Rules and Regulations. Employees appointed to promotional positions shall complete a probationary period in accordance with the City's Personnel Rules and Regulations. B. Employees appointed to a promotional position shall receive the nearest highest monthly salary which is at least five percent (5%) higher than the employee's previous base salary, but in no case more than the top step of the new salary range. Article 47. No STRIKE PROVISION It is understood and agreed that the service performed by City employees included in this MOU are essential to the public's health, safety, and welfare. Therefore, the Union 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 Union 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. Article 48. DIRECT DEPOSIT Direct deposit of employee paychecks will be available to employees in this unit. Article 49. PERSONNEL FILE A. 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. B. 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, Human Resources, 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. C. Once per year, in August, upon written request by the employee to Human Resources, the employee may request to have documented written reprimands, with the exception of expressed violence, harassment, or last chance agreements, issued more than twenty four (24) months prior to the request, removed, provided that no ensuing discipline occurred. Upon removal, the written reprimands shall not be used or referenced in any future disciplinary proceeding. The decision to remove the documents lies with Human Resources and that decision is final. The employee shall have no right to appeal or grieve the decision. In the event the request is denied, the reason for the denial shall be communicated via email to the employee. Article 50. COPY OF MOU TO EACH EMPLOYEE The City will provide each employee in the unit with access to this MOU within sixty (60) days of execution. City of Redlands 1 Teamsters MOU 2023-2026 Article 51. RULES, REGULATIONS AND RESOLUTIONS The City agrees to review annually with the Union 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 Union and the Chief Steward of the Chapter. Article 52. DISCIPLINARY PROCEDURE A. The Investigatory Interview Process Prior to any investigatory interview or consultation 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 reasonably 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 Union. If requested, the employee may have a Union 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 anything other than a digital copy of the recording to the employee shall be borne by the employee. B. Disciplinary Procedures No non -probationary employee shall be disciplined without cause. A promotional probationary employee who is subject to discipline as defined by City rules and regulations, shall retain the right to challenge the action in the same manner as a non -promotional employee who has successfully completed the probationary testing period. Rejection from a probationary promotional position for non -disciplinary reasons is not subject to appeal or any other challenge. Disciplinary action shall be defined to include: oral warnings, written reprimands, suspensions, demotions (non -probationary), reduction in pay and discharge. Oral and written reprimands may be initiated at the supervisor/Division Manager level. Disciplinary action more serious than a written reprimand must be initiated at the Department Head level. 1. Notice of Proposed Action Whenever an employee is to be discharged, suspended ,demoted (non -probationary), or reduced in step, for disciplinary purposes, written notice of at least five(5)1 days of the proposed disciplinary action shall be given before such action is to be taken and must include: a. Notice of proposed action; b. Reasons for proposed action; 1 Unless specifically noted to be "working days," any reference to days is calendar days. City of Redlands 1 Teamsters MOU 2023-2026 c. 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 d. A notice to the employee of the right to respond in writing or orally within the five (5) day period. 2. Limitations and Exceptions a. 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. b. Prior written notice is required in each case, unless provided otherwise herein, regardless of seriousness unless extraordinary circumstances are involved. c. 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 warrant. Extraordinary circumstances include but are not limited to situations involving misappropriation of public funds or property; working while under the influence of alcohol 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.) d. 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. 3. Employee's Response to Proposed Discipline a. An employee receiving a Notice of Proposed action shall have the right to respond to the Department Head. An employee's opportunity to respond to the Department Head is not intended to be an adversarial hearing. An employee has the right to have a representative of his/her own choosing at the meeting. The employee shall not be accorded the opportunity to cross-examine a department's witnesses, nor to present a formal case in opposition to the proposed discipline. However, the limited nature of this response does not obviate the Department Head's responsibility to initiate further investigation if the employee's version of the facts raises doubts as to the accuracy of the Department Head's information leading to the discipline proposal. An employee may elect not to respond, thereby waiving any further pre - disciplinary response. b. The Department Head will evaluate the proposed discipline in light of the employee's response, if any. Within ten (10) days of the employee's response, or deadline for response, a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail. City of Redlands I Teamsters MOU 2023-2026 El 4. City Manager Level Appeal a. Any permanent employee shall have the right to appeal any termination, suspension, reduction in salary, or non -probationary demotion. The appeal process shall not be applicable to those positions which may be deemed exempt or to probationary employees. The appeal process shall not be applicable to verbal and written reprimands, probationary demotions, performance evaluations and denial of performance increases. An employee desiring to appeal the Department Head's decision shall have ten (10) days after receipt of the response to file an appeal. The employee's request for appeal must be addressed to the City Manager and received in the City Manager's office so that same is date stamped by the City Manager's office within the ten (10) day period. b. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal meeting shall be scheduled. c. The meeting with the City Manager shall be conducted in the same manner as the Response to Proposed Discipline set forth in paragraph 2(B) above. d. The City Manager will evaluate the discipline in light of the employee's response, if any. Within ten (10) days of the employee's response a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail. 5. Advisory Arbitration a. An employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal. The employee's request for appeal must be addressed to the City Manager and received in the City Manager's office so that same is date stamped by the City Manager's office within the ten (10) day period. b. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City Manager shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal hearing shall be established as follows: i. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer. ii. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the City Manager. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. City of Redlands 1 Teamsters MOU 2023-2026 El iii. All hearings shall be private provided, however, that the hearing officer shall, at the request of the employee, open the hearing to the public. iv. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer. v. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence. vi. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined as if under cross- examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. vii. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs: 1. The party imposing discipline shall be permitted to make an opening statement; 2. The appealing party shall then be permitted to make an opening statement; 3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence; 4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted; 5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case; 6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer. City of Redlands 1 Teamsters MOU 2023-2026 in i. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. ii. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend discipline more stringent than that issued by the City Manager. iii. The hearing officer's opinion and recommendation shall be filed with the City Council, with a copy sent to the charged employee, and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action. iv. Within sixty (60) days of the receipt of the hearing officer's findings, recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option. The City Council shall not conduct a de novo hearing. The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council's decision, including the hearing officer's recommendation(s), shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Council. v. Each party shall equally bear the cost and fees of the hearing officer, the cost of facilities, the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in a hearing officer fee. vi. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Council, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to and be effective as City of Redlands 1 Teamsters MOU 2023-2026 of the date the employee was disciplined pending hearing before and decision by the City Council, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate. vii. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section. Article 53. GRIEVANCE PROCEDURE A. Definition A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding, provisions of the Personnel Rules and Regulations, and/or written City Policy. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope of this procedure. This procedure is not to be used in lieu of the Disciplinary Appeal Procedure. B. Procedure 1. Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervision. Within fifteen (15) days2 after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant's immediate supervisor. A supervisor shall render a verbal decision within seven (7) days of the conclusion of the informal conference. Failure to provide a verbal decision will automatically advance the process to the next step. 2. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) days from the date of receiving the answer from his/her supervisor, file a written grievance and request a meeting with the Division Manager, if one exists, in order to discuss the grievance. The written grievance shall contain the following information: a. 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 MOU, City Policy or Personnel rules alleged to have been violated; e. Requested remedy; f. Name of the grievant's Labor Representative, if any; and 2 Days refer to calendar days. City of Redlands 1 Teamsters MOU 2023-2026 131 g. Date and signature of the grievant or Labor Representative. 3. The Division Manager shall render a decision and comments in writing and return them to the grievant within ten (10) days after receiving the written grievance. 4. If the Division Manager and employee cannot reach a solution to the grievance (or if a Division Manager does not exist), the employee may, within seven (7) days from the date of receiving the answer from the Division Manager, request, in writing, a meeting with the Department Head. 5. The Department Head shall render his/her decision in writing within fifteen (15) days of receiving the appeal. If the Department Head and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) days from the date of the decision by the Department Head, submit a written appeal to the Human Resources Director. 6. The City Manager shall review the grievance and respond to the employee within twenty (20) days of receiving the appeal. The response shall be in writing. 7. An employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal. The employee's request for appeal must be addressed to the Human Resources Director and received in the Human Resources office so that same is date stamped by the Human Resources office within the ten (10) day period. 8. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the grievance shall be considered conclusive as set forth in the City Manager's decision and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Director, an appeal hearing shall be established as follows: a. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer. b. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the Human Resources Director. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. c. All hearings shall be private provided, however, that the hearing officer shall, at the request of the grievant, open the hearing to the public. d. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer. e. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the City of Redlands I Teamsters MOU 2023-2026 CI existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence. f. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the grievant does not testify in his/her own behalf, he/she may be called and examined as if under cross- examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs: g• i. The grievant shall be permitted to make an opening statement; ii. The City shall then be permitted to make an opening statement; iii. The grievant shall produce the evidence on his/her part; the grievant bears the burden of proof and burden of producing evidence; iv. The City may then open its defense and offer its evidence in support thereof; the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted; v. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case; vi. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer. h. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. The opinion shall set forth findings of fact and conclusions. i. The hearing officer may recommend sustaining or rejecting any or all of the grievance. City of Redlands 1 Teamsters MOU 2023-2026 El j• The hearing officer's opinion and recommendation shall be filed with the Human Resources Director, with a copy sent to the grievant, and shall set forth his/her findings and recommendations. k. Within sixty (60) days of the receipt of the hearing officer's findings recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option. The City Council shall not conduct a de novo hearing. The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council's decision, including the hearing officer's recommendation(s) shall be filed where appropriate, including the grievant's personnel file. I. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee. m. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section. 9. If the time limits for employees' appeals at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. The City Manager or his/her designee shall respond within the specified timeframe. 10. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her grievance at any level of review. In the event the employee desires the presence of a representative who is an employee of the City, he/she shall make such request through the supervisor and the supervisor shall make the necessary arrangements for the employee representative to be present. 11. The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Department Head in presenting the grievance. However, no employee shall absent himself/herself without first being excused by his/her supervisor. 12. No employee shall be required to be represented by an employee organization in processing a grievance. The settlement terms of a grievance which is processed by an employee individually or by a recognized employee organization shall not conflict with the express provisions of a Memorandum of Understanding between the City and the formally recognized employee organization for such unit. City of Redlands 1 Teamsters MOU 2023-2026 Ell 13. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization. 14. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document which all members of the group have read and signed. Members of the group shall be limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance. 15. A group grievance affecting all members of an employee organization may be brought by the employee organization itself. In such case the procedure shall be commenced directly at the City Manager level within fifteen (15) days after authorized representatives of the employee organization knew, or by reasonable diligence should have known, of the condition giving rise to the grievance and shall be subject to all applicable time limitations and the provisions set forth above. Article 54. DEMOTION/NON-DISCIPLINARY Regular employees who are demoted due to layoff or other non -disciplinary reasons will be required to serve a probationary period of no longer than six (6) months 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. Article 55. LAYOFF PROCEDURE A. Should the City Manager determine reductions in force to be necessary due to lack of work or for financial reasons, he/she may initiate Layoffs. Classifications to be affected and the number of employees included will be determined by the City. B. In determining the order of Layoffs, a combination of factors shall be considered, including but not limited to: qualifications, productivity, general performance, seniority with the City of Redlands, seniority in job classification, and needs of the City. Variations from the order of Layoffs and recall from Layoff may occur when the City deems such variations appropriate under the circumstances. C. The factors the City may use to determine the order of Layoffs are the following: 1. An employee's last four performance evaluations, provided they are within the last five years; 2. Any history of employee commendations, awards, etc.; 3. Any history of employee disciplinary action; 4. Attendance record, including tardiness and unexcused absences; 5. Safety record, including personal injury and damage to city property that was found to be the fault of the employee; 6. Probationary and temporary employees shall be laid off before a regular employee in the same classification; City of Redlands 1 Teamsters MOU 2023-2026 Ell I 7. Between two regular appointees in the same classification with the same skills, abilities, qualifications, merit and/or record, the employee with lesser seniority in the classification may be laid off first; 8. Between two regular appointees in the same classification the employee with lesser skills, abilities, qualifications, merit and\or record than may be laid off first, without regard to seniority; 9. Memoranda of Understanding ("MOU") between the City and affected bargaining units. D. BUMPING 1. "Bumping" means the displacement of an employee from his/her position by an employee in a higher classification who formerly held the same position. 2. Where two or more employees are laid off from the same position, the employee with the greatest seniority in that classification shall have the first opportunity to bump as set forth below. 3. A laid -off employee shall be entitled to bump an employee in the same position previously held by the laid off employee. The laid off employee must be able to perform the essential job functions of the former position and possess the minimum qualifications of the position as specified by the job classification specification. A laid -off employee shall not bump an employee with greater skills, abilities, qualifications, merit and/or record. Laid off employees may also be placed in a vacant lower classification for which they meet the minimum qualifications. Employees must utilize the option that places them in the highest available position. 4. A laid -off employee in a supervisor classification shall be entitled to bump an employee in a lower position directly supervised by the laid -off employee. The laid -off employee must be able to perform the essential job functions of the lower position and possess the minimum qualifications of the position as specified by the job classification. Employees must utilize the option that places them in the highest position. 5. The City will notify laid -off employees of any positions available for bumping. Following such notification, the employee must notify the Human Resources Director in writing of his/her intent to exercise the bumping rights within seven (7) calendar days, and the position and classification in to which he/she intends to bump. Failure to provide such notification will be deemed a waiver of bumping rights by the employee. 6. Where there is more than one employee in a position available for bumping, the factors in paragraph C of this Section will be used to determine which employee, if any, will be bumped. 7. The process will be repeated at the next classification level where an employee bumps in and creates an overage in that classification. 8. Any displaced employee shall be considered as laid -off for the same reason as the person who displaced them and shall in the same manner be eligible to displace another employee based on the criteria specified in paragraph D of this Rule. E. REINSTATEMENT FROM LAYOFF 1. The names of probationary and regular employees who have been laid off shall be placed on appropriate reemployment lists. Such names shall remain thereon for a period of one year unless such persons are sooner reemployed. City of Redlands I Teamsters MOU 2023-2026 30 2. An employee who is reemployed from layoff within one (1) year in any classification within this bargaining unit, shall receive credit for former years of service. 3. Employees who, following layoff from a position or layoff from City employment may be reinstated upon the recommendation of the Department Head and with the approval of the Human Resources Director, to the position from which they were laid off based on their qualifications, availability, and the needs of the organization pursuant to this paragraph. Article 56. MAINTENANCE OF MEMBERSHIP The parties agree that this provision shall become a maintenance of membership provision obligating all employees to pay dues/fees, as applicable by law, at the amount issued by the local union, until the expiration of the MOU and shall have the right to terminate their membership dues/fees only during the thirty -day period falling between sixty days and thirty days prior to the expiration of this MOU. Article 57. D,RIV.E. The City agrees to deduct from the paycheck of all employees covered by this Agreement, voluntary contributions to D.R.I.V.E. (Democrat Republican Independent Voter Education). Twice per year, (in March and October), D.R.I.V.E. shall notify the City of the amounts designated by each contributing employee that are to be deducted from his/her paycheck for all weeks worked. The phrase "weeks worked" excludes any week where an employee is in unpaid status. The City shall transmit to D.R.I.V.E. National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee's social security number and the amount deducted from that employee's paycheck. The International Brotherhood of Teamsters shall reimburse the City annually for the City's actual cost for the expense incurred in administering the payroll deduction plan. Article 58. UNIT MODIFICATION It is understood that this MOU shall constitute a bar to any petition or request for decertification of the Union as the formally recognized employee organization in the General Employees unit of representation at any time prior to the expiration date of this MOU. In addition, no petitions for unit modification of the General Employees unit will be accepted by the City without the express agreement of the Union. The provisions of this Article shall not be applicable where precluded by law. The Union, its successors and assigns, shall indemnify, defend and hold harmless, the City, including its agents and employees, against any claims, suit 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 59. COMMUNICATIONS The City and the Union 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. City of Redlands I Teamsters MOU 2023-2026 Is The City and the Union consider themselves mutually responsible to improve communications between management and employees and will use their best endeavors in establishing and maintaining effective communication channels. Article 60. USE OF BULLETIN BOARDS The City agrees that the Union may utilize bulletin board space in designated areas upon mutual agreement with the City. The Union will provide bulletin boards. The City agrees to allow the use of inter -departmental mail for distribution of union materials to Shop Stewards. Article 61. 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 62. EXTENSION OF MOU If a successor MOU is not negotiated by June 30, 2026, this MOU shall remain in force until a successor MOU is negotiated or the impasse process for a successor MOU has been concluded. Article 63. SAVINGS CLAUSE If any provision of this MOU, 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 64. ZIPPER CLAUSE The parties agree that all negotiable items have been discussed during negotiations leading to this MOU, including salaries and benefits, and conditions of employment and therefore further agree that negotiations will not be reopened on any item during the life of this MOU except by mutual agreement or as provided elsewhere in this MOU. Article 65. SIGNATURES hne Donaldson, City Clerk TEAMSTERS LOCAL #1932 x TEAMSTERS REPRESENTATIVE 7/20leo DATE Ji2offoZ3_] DATE City of Redlands 1 Teamsters MOU 2023-2026 El