Resolution No. 2016-040RESOLUTION NO. 2016-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND TEAMSTERS LOCAL
911 FOR THE PERIOD OF JULY 1, 2016 THROUGH
JUNE 30, 2019
WHEREAS, the Teamsters Local 911 (`Teamsters") has been
recognized as an employee organization pursuant to Resolution No. 4027;
and
WHEREAS, on October 21, 2014, the City Council of the City of
Vernon adopted Resolution No. 2014-66, approving a Memorandum of
Understanding by and between the City and Teamsters for the period of
July 1, 2014 through June 30, 2016; and
WHEREAS, the City and Teamsters have concluded labor
negotiations regarding wages, benefits and working conditions for the
period of July 1, 2016 through June 30, 2019; and
WHEREAS, representative members of Teamsters and the City have
agreed to execute a Memorandum of Understanding ("MOU") setting forth
certain terms and conditions for employment of City of Vernon employees
in classifications represented by Teamsters, for the period of
July 1, 2016 through June 30, 2019; and
WHEREAS, the City Council desires to approve the MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act ("CEQA") review, because it is an administrative action that will
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
Teamsters Local 911, in substantially the same form as the copy which
is attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of implementing
and carrying out the purposes of this Resolution and the transactions
herein approved or authorized, including but not limited to, any
nonsubstantive changes to the MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed MOU to Raymond B. Whitmer, Secretary -Treasurer of Teamsters
Local 911.
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SECTION 6: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 12th day of July, 2016.
Name: William J. Davis
Title: Mayor /
ATTEST:
M ria E.�Lyala
City Clerk /
APPROVED AS TO FORM:
Zakn*k Moussa, Senior Deputy City Attorney
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E . Ayala, City Clerk / t`3r-loaf the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2016-40, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, July 12, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this J73 day of July, 2016, at Vernon, California.
(S EAL )
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Ma is E. 4. ala
City Clerk /
EXHIBIT A
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON - Formatted: Space After: 0 pt
AND
TEAMSTERS LOCAL 911
July 1, 20442016 through June 30, 2W2019
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TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Preamble............................................................................................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition................................................................................................
7
Section 2:
No Discrimination.......................................................................................
7
Section 3:
No Strikes or Lockouts.................................................................................
7
Section4:
Layoffs.........................................................................................................
7
Section 5:
City [Union Meetings.................................................................................
7
Section 6:
Union Business............................................................................................
7
Section 7:
Management Rights......................................................................................
9
Section 8:
E.....,,.yee RightsContracting Out.................................................................10
Section9:
Employee Rights...........................................................................................11
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause......................................................... 12
Section2: Term..............................................................................................................12
Section 3: Modification and Waiver..............................................................................12
ARTICLE THREE: ORGANIZATIONAL SECURITY
Section l: Organizational Security.................................................................................13
ARTICLE FOUR: COMPENSATION
Section 1: CompeisationSalaries...................................................................................15
Section2: Acting Pay.....................................................................................................15
Section3: Bilingual Pay.................................................................................................16
2
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Section 4: Certification Pay............................................................................................16
Section5: Longevity Pay...............................................................................................19
Section6: Merit Steps...................................................................................................20
Section7: Premium Pay............................................................................................... 20
Section 8: Training and Recertification Time................................................................21
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization.................................................................................22
Section2: F.L.S.A. Overtime......................................................................................... 22
Section 3: Compensatory Time...................................................................................... 22
Section4: Call Backs................................................................................................ 2325
Section 5: Peli, Holdover .......................................... 23
Pay 25
ARTICLE SIX: UNIFORMS & SAFETY BOOT4SI40EFOOTWARE ALLOWANCE
Section 1: Uniforms & Safety 4e�Footwareear Allowance ........................... 2425
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ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section1:
Medical..........................................................................................................25
Section2:
Cafeteria Plan.................................................................................................25
Section3:
Dental...........................................................................................................
25
Section4:
Vision............................................................................................................
26
Section5:
Life Insurance................................................................................................26
Section 6:
Deferred Compensation.................................................................................26
Section 7:
Other City Employee Programs....................................................................
26
ARTICLE EIGHT: RETIREMENT
Section1: P.E.R.S......................................................................................................... 27
3
Section 2: P :� .S. Supplemental PlansP.E.R.S. Retirement Benefits ...........................27
Section 3: Retiree Medical..............................................................................................27
ARTICLE NINE: HOLIDAYS
Section1: Holidays........................................................................................................ 29
Section 2: In -Lieu Holidays............................................................................................29
ARTICLE TEN: VACATION
Section1: Vacation Leave............................................................................................... 31
Section 2: Vacation Accumulation....................................................................................31
Section 3: Scheduling of Vacation.....................................................................................32
ARTICLE ELEVEN: SICK LEAVE
Section1: Sick Leave. . ...................................................................................................... 33
ARTICLE TWELVE: LEAVE BENEFITS
Section1: Jury Duty......................................................................................................... 34
Section 2: Bereavement Leave...........................................................................................34
ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions......................................................................................................... 36
Section 2: 4/10 Work Schedule..........................................................................................36
Section 3: Work Schedule..................................................................................................36
Section4: Standby Policy..................................................................................................36
ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
GrievanceProcedure.................................................................................................................39
ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
DisciplineProcedure.................................................................................................................41
4
ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee........................................................................................45
SIGNATURE PAGE
Signatures................................................................................................................................46
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
TEAMSTERS LOCAL 911 (TEAMSTERS)
PREAMBLE
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into by and
between the City of Vernon (hereinafter referred to as "City") and the California Teamsters, Public,
Professional and Medical Employees Union, Local 911, affiliated with the International
Brotherhood of Teamsters (hereinafter referred to as the "Union"). It is the purpose of this MOU to
promote and provide for harmonious relations, cooperation, and understanding between
Management and the Employees covered by this MOU. This MOU is entered into with reference
to the following facts:
A. Representatives of management for the City of Vernon (hereafter "City") and
representatives of Teamsters Local 911 (hereafter "Union") have met and conferred in good
faith exchanging proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employee -members represented by the Union.
B. The management representatives and the representatives of the Union have reached an
understanding as to recommendations to be made to the City Council for the City of Vernon
and to the membership of the Union.
C. This MOU incorporates, contains, and represents all of the terms and conditions agreed upon
by both parties as of the date this agreement is ratified.
ARTICLE ONE
FUNDAMENTALS
Section 1: Recoenition
The City recognizes the California Teamsters, Public, Professional, and Medical Employees Union,
Local 911 ("Union") as the certified majority representative of the employees, comprised of
Addendum A, as the exclusive representative of the employees for purposes of collective bargaining
for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the Union shall discriminate against any individual or
employee with respect to his/her compensation, terms, condition, or privileges of employment or
because of an individual's race, color, sex, religion, national origin, age, marital status, disability,
pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non-
membership in the Union.
The City and Teamsters agree that the City's policies set forth in the City of Vernon's Personnel
Policies and Procedures Manual and the Administrative Manual shall be applied in a non-
discriminatory manner as prohibited by state and federal anti -discrimination anti -harassment and
whistleblower laws. Employees shall not be subject to intimidation retaliation coercion or
discrimination for exercising their rights under these policies.
Section 3: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or
sanctioned by the Union, and no lockouts shall be made by the City.
Section 4: Lavoffs
In accordance with the Meyers-Milias Brown Act, the City and the Union shall meet and confer
on the effect of its actions to layoff. This will occur prior to implementation of layoffs, except in
emergency circumstances wherein the City Council declares a fiscal emergency pursuant to Article
II, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet and confer over the
effect of the exercising of a City right shall not in any way impair the right of the City to exercise
and implement any of its rights to layoff.
Section 5: Citv/Union Meetin
Representatives from the Union and the City shall meet as needed to discuss issues of mutual
concern.
Section 6: Union Business
A. Use of Bulletin Boards
The City shall provide the Union designated bulletin boards where employees will have access
during regular business hours, subject to the following conditions:
1. All Postings for bulletin boards must contain the date of posting and the identification of
the Union, and
2. Union will not post information, which is defamatory, derogatory, or obscene, subject to
the immediate removal of the right to post for a period not to exceed ninety (90) days.
3. The City will provide separate bulletin boards for the exclusive use of the Union at the
following locations:
A. Lunchroom in the City Yard.
B. Communications Center in Police Department.
C. West wing lunchroom on the second floor of City Hall.
D. South wing lunchroom on the second floor of City Hall.
E. Lunch room on the third floor of City Hall.
B. Access to Facilities
Except as specifically identified in Section D below, all Union business will be conducted by
employees and Union representatives outside of established work hours.
Nothing herein shall be construed to prevent a Union representative or an employee from contacting
the Human Resources Director or other management representatives regarding personnel related
matters during work hours. The authorized Union Business Agent shall be given access to work
locations during working hours provided that prior to visiting any work location the Union
representative shall:
Obtain authorization for the visit from the Human Resources Director or designee. In the event the
requested time and/or location of such visit by the Union Business Agent is denied because it would
interfere with the operations of the department, the Human Resources Director or designee shall
consult with the Union Business Agent regarding availability and set an alternative time and/or
location for such visit within seventy-two (72) hours of the request.
The Union may schedule meetings in the City facilities at such times these facilities are not in use
by submitting a written request to the Human Resources Director or designee, which shall include
the date, time, and number of people expected. Approval will be granted in the same manner as it
is granted to other organizations.
C. Shop Stewards
The City agrees to recognize up to five (5) Stewards appointed by the Union. One of the five (5)
shall be appointed by the Union as the Chief Steward. The Union shall notify the City in writing
of the names and departments of each Steward and Chief Steward.
D. Union Business
The Chief Steward and Stewards shall be allowed release time during their regular work hours to
conduct Union related business as necessary provided it does not unreasonably interfere with the
Stewards' and/or employees' regular work duties. If a Steward must leave his/her work location to
conduct Union related business, he/she shall first obtain authorization from his/her supervisor to do
so. Authorization to leave will be granted unless such absence would be unreasonable. If such
authorization cannot be granted promptly, the Steward will be informed when time can be made
available. To the extent reasonable and compatible with City operational needs, such time will not
be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the
time of the Steward's request unless otherwise mutually agreed upon. For purposes of this section,
"Union Business" shall include grievance investigations, meetings with management called by
management or the Chief Steward/Steward, investigatory meetings where an employee has
requested a Steward, contract/MOU negotiations, meetings with Human Resources involving
personnel or labor relations matters, council meetings, health insurance committee meetings, and
meetings of any other committees established by the City that involve matters directly pertaining to
the bargaining unit with regard to said committees. Any Steward seeking leave time for Union
business for tasks not listed in this section shall obtain authorization from the Human Resources
Director or designee.
The City agrees to allow all employees of the bargaining unit paid release time to attend a Union
meeting on site at the City up -to twice per year, up to one (1) hour per meeting.
The City agrees to release up to five (5) Stewards per year to attend a one (1) day Union sponsored
Steward seminar located in Southern California. The Union shall provide the City at least ten (10)
calendar days prior written notice of the request to release the Stewards for the seminar. Such
request shall include the date and start/end time of the seminar. City vehicles may be made available
upon request subject to availability and the City's vehicle use policy.
Release time as provided for in any of the above sections shall not result in the City incurring any
overtime.
E. Union Participation in New EmDlovee Orientation
A Teamsters Local 911 representative(s) shall be notified of new employee orientations and shall
be allowed to make a presentation to new hires for the sole purpose of providing employees with
information regarding Teamsters Local 911 during City Hall hours.
Section 7: Mana2ement Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City
Code, and expressly and exclusively retains its management rights, which include, but are not
limited to:
■A. The exclusive right to determine the mission of its constituent departments, commissions, -
and boards;
INK Set standards and levels of service;
&C. Determine the procedures and standards of selection of employment and promotions;
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■1�. Direct its employees; -
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WE. Establish and enforce dress and grooming standards as outlined by City Management in.
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writing;
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OF. Determine the methods and means to relieve its employees from duty because of lack of
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work or other lawful reasons;
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RG. Maintain the efficiency of government operations;
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OR Determine the methods, means numbers, and kinds of personnel by which government*
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operations are to be conducted;
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MR. Determine the content and intent of job classifications;
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■J. Determine methods of financing;,
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■K. Determine style and/or types of City issued wearing apparel, equipment, or technology to-
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be used;
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WL. Determine and/or change facilities, methods, technology, means, organizational structure,-,
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size, and composition of the work by which the City operations are to be conducted;
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■M. Determine and thane the number of locations and types of operations, processes and-
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materials to be used in carrying out all City functions including, but not limited to, the right
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to contract for or subcontract any work or operations of the City;
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■N. To assign work to and schedule employees in accordance with requirements as determined.
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by the City and to establish and change work schedules and assignments upon reasonable
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notice;
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■O. Establish and modify productivity and performance programs and standards; -
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OP. Dischar e, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise-
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discipline employees in accordance with applicable laws and with the provisions of this
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MOU, including without limitation Article Il, Section 6 - Probationary Period and 9 -
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Disciplinary Actions;
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fGTake all necessary actions to carry out its mission in emergencies; and -
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■R. Exercise complete control and discretion over its organization and the technology of
performing its work.
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The Union to the that the City's
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expressly and speeifieally agrees that exeept extent rights aw
er�pressly limited by the terms of this Agreement, the Union waiN,es an), and all af its -;I-hts to meet
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however,and canfef: en an), of the City's rights; provided, that if t he Union and City agree that
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if the City's exercise of these rights impacts wages, hours, or terms and conditions of employment,
10
the City will meet and confer on the effect of its actions. This will occur prior to implementation
except in emergency circumstances as defined in law. The agreement to meet and confer over the
effect of the exercising of a City right shall not in any way impair the right of the City to exercise
and implement any of its rights.
Section 8: Contracting Out
The City and the Union share a common interest in maintaining the stability and the security of the
City's workforce. As such. the City agrees to notify the Union prior to any decision to contract
with an outside party if such contracting out will have a significant long-term impact on work
performed by employees in classifications represented by the Union. Such notification will be
given before a decision to contract out is made and the Union will have an opportunity to comment
prior to a determination by the City to enter into contracting arrangements If such contracting out
will result in potential layoff of any unit members) the Cif shall meet and confer over the impact
and effect such contracting out will have on the membership This provision shall not apQly to
contracts already established at the time this MOU is adopted.
Section 9: Employee Rights
The City and Union mutually recognize and agree to fully protect the rights of all employees
covered by this MOU to join and participate in the activities of the Union and corresponding rights
of covered employees to refrain from joining and participating in the activities of the Union. The
City agrees that no employee shall be interfered with, intimidated, restrained coerced or
discriminated against because of the exercise of these rights.
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to,
the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted
in implementation thereof are and shall be subject to all present and future applicable federal and
state laws and regulations and shall be effective and implemented only to the extent permitted by
such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal
and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded, and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall not
be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 20442016, and shall remain in full force and effect up to and
including midnight, the 30th day of June 204-62019 or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when
approved and adopted by the City Council.
The City and the Union agree to submit proposals for any changes related to wages, benefits
and/or other terms of and conditions of employment affecting this Memorandum of Understanding
between February 1, 204-62019 and March 4—,24t615, 2019.
Section 3: Modification and Waiver
The Union and the City hereby agree that no changes in this MOU regarding the hours or other
conditions of employment of employees in the classification represented by the Union that would
take effect prior to the expiration of the MOU shall occur, unless both parties mutually agree to
such changes.
The City reserves the right to add to, delete from, amend, or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of
the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act.
12
ARTICLE THREE
ORGANIZATIONAL SECURITY
Upon the voluntary written authorization of bargaining unit employees, the City shall deduct and
remit to the Union the Union's initiation fee and periodic dues for members of the Union.
Any unit member who is not a member of the Union, or who does not an application
for membership within thirty (30) days following the effective date of this paragraph, or, for those
hired after the effective date of this paragraph, within thirty (30) days from the commencement of
duties, shall become a member of the Union or, if approved by the Union membership as governed
by the Meyers-Milias Brown Act, pay to the tmienUnion a fee in an amount equal to the Union's
periodic dues: provided, however, that the unit member may authorize payroll deductions for such
fee in the same manner as provided in the paragraph above.
Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in writing
by the Union as a person authorized to receive such funds, at the address specified. Dues and/or
fees shall be deducted from the first and second paycheck of each month and remitted to the Union
by the last business day of the month.
The parties agree that the obligations herein are a condition of continued employment for unit
members. The parties further agree that the failure of any unit -member to remain a member in good
standing of the Union or to pay the equivalent of Union dues during the term of this agreement shall
constitute, generally, just and reasonable cause for termination.
The City shall not be obligated to put into effect any new, changed or discontinued deduction until
a pay period commences fifteen (15) working days or more after such submission.
No unit member shall be required to join the Union or to make an agency fee payment if the unit
member is an actual verified member of a bona fide religion, body, or sect which has historically
held conscientious objections to joining or financially supporting employee organizations; this
exemption shall not be granted unless and until such unit member has verified the specific
circumstances. Such employee must, instead, arrange with the Union to satisfy his/her obligation
by donating the equivalent amount to one of the following non religion charitable fund, tax exempt
under section 501(c)(3) of the Internal Revenue Code, chosen by the employee:
• United Way
• City of Hope
• Los Angeles Regional Food Bank
Whenever a unit member shall be delinquent in the payment of dues or fees, the Union shall give
the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said
notice shall be forwarded to the Human Resources Department.. In the event the unit member fails
to cure said delinquency, the Union shall request, in writing, that the City initiate termination
proceedings. The termination proceedings shall be governed by applicable state laws and are
specifically excluded from the Grievance/Appeal/Arbitration procedures.
The City shall not deduct money specifically earmarked for a PAC or other political activities unless
13
such deduction is affirmatively, separately and specifically authorized in writing by the unit
member.
The Union shall keep an adequate itemized record of its financial transactions and shall make
available annually to the City and, upon request, to the employees who are members of the unit,
within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form
of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer
or principal officer, or by a certified public accountant. A copy of financial reports required under
the Labor -Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy
this requirement.
The Union will defend, indemnify and hold harmless the City of Vernon from any loss, claim,
liability or cause of action arising out of the operation of this article. Upon commencement of any
such legal action, the Union shall have the right to decide and determine litigation, settlement,
and/or appeal strategy. Any such decision on the part of the Union shall not compromise or
diminish the Union's indemnification obligations under this agreement.
The City, immediately upon receipt of notice of such legal action shall inform the Union of such
actions, provide the Union with all information, documents, and assistance necessary for the Union's
defense or settlement of such action and fully cooperate with the Union in providing all necessary
witnesses, experts and assistance necessary for such defense.
The Union, upon compromise or settlement of such action, shall immediately pay the parties to such
action all sums due under such settlement of compromise. The Union, upon final order and
judgment of a court or administrative body of competent jurisdiction awarding damages to any
prevailing party, shall pay to such party all sums owing under such order and judgment.
Formatted: Justified, Right: 0", Space After: 0 pt, Line
spacing: Multiple 0.96 li, Tab stops:-0.83", Left + -0.5",
Left + 0", Left + 0.38", Left + 1.13", Left + 1.88", Left +
2.38", Left + 2.75", Left + 3", Left + 3.25", Left + 3.75",
Left
14
ARTICLE FOUR
COMPENSATION
Section 1 • Salaries
A. Effective june 292014(the beginning of the pay period ineludin^ July 1, 2014)10, 2016,
each employee represented in the Union shall be placed within the proposed grade and step
pay plan as a result of the City wide classification and compensation study based upon the
75th percentile, at the grade and step that is closest to but not less than his/her current base
salary.
B. If the parties are unable to finalize all compensation and classification studies by July 1, 2016,
the parties agree to finalize the studies no later than January 1, 2017 and those employees
who are entitled to a change in their compensation shall have such change retroactively
implemented to July 10, 2016. The parties further agree that if they are unable to reach
agreement regarding the classification and compensation studies, those disputes shall be
submitted to the City Administrator for final determination. Any retroactive implementation
of the compensation and classification study shall not impact an employees' receipt of the
salary adjustment in Section (C) below.
9-.0 Employees whewhose salaries are above the maximum recommended grade and step plan
shall be Y-rated and their respective salaries frozen during the term of this ^^~tfaet for the
time period during which their salaries exceed their maximum grade and step. It is
understood by the parties that y-rated employees' salaries may come out of y-rating upon the
implementation of the salary adiustments provided in Sections (E), (F), (G) and (H) below.
ED£pleyeesNotwithstanding Section (B), employes in the Senior Environmental Specialist
classification since July 1, 2014 or earlier shall be grandfathered into the classification's
previously applied salary schedule. All merit increases due to each Senior Environmental
Specialist shall be based on the grandfathered -salary schedule. Employees in the Senior
Environmental Specialists classification since July 1, 2014 or earlier shall not be eligible for
the three (3) salary adjustments set forth in subsection (B})Eh
F(), and (€))Gj below.
D-.E. E fee i,,:e Notwithstanding Section (B), effective July 10, 2016 (the beginniegfirst day of the
first full pay period including-daeeat-y 1, 29I5 in Fiscal Year 2016-20171 employees
represented in the Union (excluding Y-rated employees,
s (r))-, and employees in the Senior Environmental Specialist classification since
July 1, 2014 or earlier) shall receive a 1.5% eest of li A*gtwo percent (2.0%) salary
adjustment increase.
I;.F. Effeetive Notwithstanding Section (B), effective July 9, 2017 (the beginnerfirst day of the
first full pay period including-My-1, 1445-,in Fiscal Year 2017-2018), employees
represented in the Union (excluding Y-rated employees-sabjee� and employees in the
fet4h in ...,bseetion (F)"Senior Environmental Specialist classification since
July 1, 2014 or earlier) shall receive a 1•5rneost of two percent (2.0%) salary
15
adjustment increase.
G. AsNotwithstanding Section (B), effective July 8, 2018 (the first day. of My 1;2014,the first wrmaetect
full w period in Fiscal Year 2018-2019), employees who arer&resented in the Union
excludin Y-rated at base salaries 4 less abeve the FRaximum reeofrifnended
gr-adegmployees and step--platnemployees in the Senior Environmental Specialist
classification since July 1, 2014 or earlier) shall be eligible to receive the eesta two percent
(2.0%) salary adjustment increase.
Iy'-H. The City agrees that if other bargaining units, or unrepresented employees in the
management or confidential classifications, receive a salary adjustment increase_ of hVitrg
inereases set fbrth in subseetiaiis (T)more than two percent (2%) annually during the term
of this Agreement, it shall provide the same salary adjustment to employees represented by
the Union. The City further agrees that if it provides salary adjustments for any -rated
ated
employee as part of any negotiated agreement with any other bargaining unit or for any
unrepresented employees in the management. and (Ii) above.confidential classifications, the
Citv shall provide the same salary adiustment to v-rated emplovees represented by the
Union.
Section 2: Actin¢ Pay
Employees assigned for six weeks or more to a higher position in an acting status during the
absence of an incumbent, or to fill a vacancy until the vacancy can be filled by appointment, shall
be eligible for Acting Pay. If all the conditions listed in Personnel Policy I-4, Acting/Interim
Appointments have been satisfied the employee shall be compensated at either the beginning step
of the higher classification, or 5% higher than he/she normally receives, whichever is greater,
during the period of time that the employee is assigned to the higher position.
The employee must serve a minimum of 80 consecutive hours in the higher classification to be
compensated at the higher rate. This compensation shall be retroactive to the first hour of the
acting/interim appointment. Claims for acting/interim pay will not be honored beyond six months
from the end of the acting/interim appointment. Please refer to Personnel Policy and Procedures I-
4 Acting/Interim Appointments for specific details.
Section 3: Bilingual Pay
An employee may eligible '^shall be compensated for bilingual pay if his/her regular job duties
as des^^' -tea in his/leer job dese i^I1^^ provide for interaction with the public on a regular basis.
Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in
Spanish may also be tested if necessary). Proficiency would be determined by successful
completion of a proficiency test administered by an agency or vendor approved by the Human
Resources Department. Those employees who successfully demonstrate this skill would be eligible
to receive an additional $125.00 per month for bilingual pay.
Formatted: bumpedfontl5, Font: 10 pt, Font color: Black
Formatted: bumpedfont15, Font: 10 pt, Font color: Blade
Formatted: Font: 10 pt
Formatted: Justified, Line spacing: Multiple 0.% li, Tab
stops:-0.83", Left + 0", Left + 0.5", Left + 1.13", Left +
1.88", Left + 2.75", Left + 3", Left + 3.25", Left + 3.75",
Left + Not at -1" + 0.31" + 0.63" + 1.01" + 1.35" +
1.69" + 2.03" + 2.7" + 3.04" + 3.38" + 3.71" + 4.05" +
4.38" + 4.69" + 5" + 5.31" + 5.63" + 5.94" + 6.25" +
6.56" + 6.88" + 7.19" + 7.5' + 7.81" + 8.13" + 8.44" +
8,75" + 9.06" + 9.38" + 9.69" + 10" + 10.5' + 11" +
11.5"+ 12"+ 12.5'+ 13"
Employees receiving bi-lingual pay as of July 1, 2014 shall be grandfathered into the City's
previous policy.
Section 4: Certification Pay
Effeetiv&Payfffective July 1, 2452016, an employee shall be eligible, an a rkst eeme fiFst se_ve
basis_, to receive certificate pay in the amount of 2.5% of the employee's base rate of pay for
possession of a maximum of one (1) of the below certificates within his/her respective
classification. The ' tal FA-R.xinnufn efti fl ate paid . all o ..levees shall fiet e*eeed $50 nnn
dur-ing the term of this . Employees shall be required to annually submit eligibility
documentation upon request by the Human Resources Department. The Human Resource
Department shall confirm that eligible certifications are not required as part his/her respective
classification. Employees who have received the certification pay during the term of the prior
Agreement shall continue to be eligible to receive the certification pay during the term of this
Agreement.
CLASSIFICATION
CERTIFICATE PAY
As designated by the City Administrator
Notary Public - Employees designated by the
City Administrator to perform notary public
services on behalf of the City
Electrical Inspector
ICC - Building Inspector and Safety
Assessment Program (SAP) Evaluator (Both
certificates required)
ICC - Plumbing Inspector UPC
ICC - Mechanical Inspector UMC
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Electrical Engineer
Associate Engineer
Professional Engineer (Traffic, Geotechnical)
- Only one Traffic, Geotechnical and Land
Surveyor certificate required for the entire
en i neert ng series
Professional Land Surveyor
Engineering Aid
Certified Landscape Auditor (Water position
only)
Backflow Tester Certificate (Water position
only)
Facilities Maintenance Worker, Lead
Class B Commercial Driver's License
Public Works Degree/Certificate
Facilities Maintenance Worker, Senior
Class B Commercial Driver's License
17
�Fortnatted Table
Public Works Degree/Certificate
Mechanic Lead
Class B Commercial Driver's License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Mechanic. Senior
Class B Commercial Driver's License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Mechanic
Class B Commercial Driver's License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Senior Building Inspector
ICC — Electrical Inspector
ICC- Plumbing Inspector UPC
ICC —Mechanical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Engineer (Civil, Structural, or
Geotechnical)
Plumbing and Mechanical Inspector
ICC —Building Inspector and Safety
Assessment Program (SAP) Evaluator Both
certificates required
ICC — Electrical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Mechanical Engineer
Project Engineer
Professional Engineer (Traffic, Geotechnical)
Professional Land Surveyor — (Only one
employee with a traffic, geotechnical or land
survey license required in the engineering
series).
Street Maintenance Worker Senior
Class B Commercial Driver's License
Public Works Degree/Certificate
Pesticide Applicator Certification (Up to two
employees rotated annually)
Street Maintenance Worker
Class B Commercial Driver's License
18
Pesticide Applicator Certification (Up to two
employees rotated annually)
Lead Water & Street Maintenance Worker
Class B Commercial Driver's License
Pesticide Applicator Certification (Up to two
employees rotated annually)
Public Works Degree/Certificate
Water Maintenance Worker, Senior
Class B Commercial Driver's License
Water Maintenance Worker
Class B Commercial Driver's License
Fire Code Inspector
ICC — Building Inspector
ICC — Fire Plans Examiner
Environmental Specialist, Senior
CA DPH Inspector/Assessor (Lead) (One
employee only in the Environmental
classification series)
Vector Control Technician
Certified Professional Storm Water Quality,
Qualified SWPP Developer or Qualified
SWPPP (Non -cumulative. Only one
certificate pay for one of the certifications
within the series)
Practitioner Solid Waste Assoc. of North
American (Only two employees eligible in the
Environmental Specialist classification series)
National Registry of Environmental
Professional
Environmental Specialist
CA DPH Inspector/Assessor (Lead) (One
employee only in the Environmental
classification series)
Vector Control Technician
AWWA — Backflow Tester
AWWA — Cross Connection Specialist
Solid Waste Association of North American
Certification
National Registry of Environmental
Professional
Police Dis atcher
Advanced Public Safety Dispatcher
Intermediate POST Certificate
Training Officer Certificate
Police Dispatcher_ Lead
Advanced Public Safety Dispatcher
Intermediate POST Certificate
19
Training Officer Certificate
Section 5: Longevity Pay
A. Employees Hired on or Before June 30, 1994
Five (5)Years of Service
All eligible employees who have five (5) years of consecutive uninterrupted
service on or before July 1, 1986, shall receive an additional five percent (5%)per month of
their base salary effective July 1, 1986, and every year thereafter until reaching the next step.
Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said
five percent (5%)per month upon said anniversary date.
Ten (10)Years of Service
All eligible employees who have ten (10) years of consecutive uninterrupted
service on or before July 1, 1987, shall receive an additional ten percent (10%)per month of
their base salary effective July 1, 1987, and every year thereafter until reaching the next step.
Employees upon reaching their loth anniversary date after July 1, 1987, shall be entitled to
said ten percent (10%)per month upon said anniversary date.
Fifteen (15)Years of Service
All eligible employees who have fifteen (15)years of consecutive uninterrupted
service on or before July 1, 1988, shall receive an additional fifteen percent (15%)per month
of their base salary effective July 1, 1988, and every year thereafter until reaching the next
step. Employees upon reaching their 15th anniversary date after July 1, 1988,
shall be entitled to said fifteen percent (15%)per month upon said anniversary date.
Twenty (20)Years of Service
All eligible employees who have twenty (20) years of consecutive uninterrupted
service on or before July 1, 1989, shall receive an additional twenty percent (20%)per month
of their base salary effective July 1, 1989, and every year thereafter.Employees upon reaching
their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%)
per month upon said anniversary
date.
B. Employees Employed On or After July 1, 1994 and on or before December 31, 2013.
Five (5)Years of Service
20
All eligible employees who are employed on or after July 1, 1994 and on or
before December 31, 2013, who attain five (5)years of consecutive uninterrupted service shall
receive an additional five percent (5%) per month of their base salary. Such employees upon
reaching their 5th anniversary date shall be entitled to receive said five percent (5%)per month
upon said anniversary date.Further, such employees will not be entitled to receive any additional
percentage increase to their base salary for further service. This subsection shall only
apply to employees hired on or after July 1, 1994 and on or before December 31, 2013. .
The discontinuation of the longevity benefit outlined in this subsection for
employees hire after December 31, 2013, shall -be contingent when the City successfully reaches
agreement on the same proposal as presented with all other represented and unrepresented
employees working in the City.
Section 6: Merit Steps
A. Effeet;.,e i me 1 2015 threugh May 31 2016, e pleyees who iH the disef:et;efi of the
Department LIe.,.J -andiii aeeerdanee with the City'sDeafe E .,1. et: Del:
h..attained one year of satisfaetefyser,,,iee as of theirell :f:.. on , date
will he eligible tfeeeive a 5% Fnef:it step The GOl_fnefit inereaseshall not
e*eeeEl the .., ..1....I or step of the pay grade. Future Fner-it ifiefeases afty said
:ade shallfemain at the sole disefetion of the City Geunefl-.Effective July 10, 2016,
employees who are not at the top step of their Classification Compensation Plan shall move
to the next step on the Plan, if the employee achieved a "satisfactory" performance
evaluation or better as of their immediately preceding annual performance evaluation.
During the second and third years of this Agreement only, the City agrees to provide merit
salary advances to employees who achieve an overall "above average" as of their
immediately preceding annual performance evaluation (s). Employees shall continue to
receive their annual evaluations as outlined in the City's Performance Evaluation Policy,
except that employees shall have a full year to earn an overall "above average" performance
evaluation rating for the Purposes of earning merit increases in the second and third years
of this Agreement, and do so with a clear understanding of the "above average"
qualification. Employees may receive more than one merit salary advance during the term
of this Agreement.
B. The merit salary advances earned during the fiscal year 16-17 shall go into effect on July 9,
2017. The merit salary advances earned during the fiscal year 17-18 shall go into effect on
July 8, 2018. The parties agree to reopen negotiations regarding this Section B, at the City's
option, based on the City's financial position to afford the merit salary advances.
C. During the second and third year of this Agreement only, an employee may file an appeal
to the City Administrator regarding an annual performance evaluation that does not rate
them as `;above averse" and therefore makes them ineligible fora merit salary advance
under Section (A) above. The City Administrator, or his or her designee, shall consider
such an appeal within thirty calendar days of receipt of the written appeal. The City
Administrator's designee, if one is appointed, shall not be in the employee's direct chain of
command. The decision of the City Administrator, or his or her designee, shall be final and
binding.
21
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
D. During the second and third year of this Agreement an employee who does not receive an
annual performance evaluation within twelve work days of their classification anniversary
date shall be deemed to have received a "satisfactory" evaluation, and shall not be denied
movement to the next merit salary advance, as prescribed in this Section, due to his or her
supervisor's untimely annual evaluation.
E. The effective date of these merit salary advances shall not alter the employee's actual
classification anniversary date.
Section 7: Premium Pay
After approval by the City Administrator and Director of Human Resources, premium pay as
defined below shall be assigned to persons found to possess on a regular or temporary assignment
such additional duties and responsibilities or whose positions entail certain hazards as to warrant
this salary step over the base class.
1. 5% Premium Pay - A temporary 5% increase in pay shall be given to employees
during periods when they assume some of the duties of higher -level job classes
for a period of two weeks or more. Upgrade pay does not apply for short term
absences or vacation coverage.
10% Premium Pay — A temporary 10% increase in pay shall be given to
employees when in the judgment of the Department Head and concurrence with
the City Administrator they assume significantly more complex additional duties
and responsibilities not normally found in their class for a period of two weeks
or more. Upgrade pay does not apply for short term absences or vacation
coverage.
5% Dispatcher Training Pay — A temporary 5% increase in pay shall be given to
Police Dispatchers when they are designated by the Police Chief or designee to
train newly hired employees in the Police Dispatch Center.
Please refer to Personnel Policy and Procedures Il-3 Salary Plan Administration for specific details.
Section 8: Training and Recertification Time
Training and/or recertification time that is required by the employee's then current job description
on file with the Human Resources Department or approved in advance by the Department Head is
compensable.
22
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of the respective -supervisor prior to
the commencement of such overtime work. Where prior written authorization is not feasible,
explicit verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable.
Section 2: F.L.S.A. Overtime
Employees will be paid overtime at time and a half (1.5) for all eligible hours worked in excess of
forty (40) hours in a single workweek.
Holidays (regular, in -lieu, and floating), vacation time, compensatory time, paid jury duty leave,
sick leave, and bereavement leave shall count as time worked for the purposes of computing
overtime. Union leave, unpaid jury leave, disciplinary suspensions, and administrative leave shall
not count as time worked for the purpose of computing overtime.
Section 3: Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked. Accrual
of compensatory time shall be limited at any point in time to a maximum of sixty (Weighty 80)
normal working hours. Compensatory time shall be calculated by multiplying the number of
overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate.
A. Overtime shall be compensated as mutually agreed upon in advance by employee and
employer.
B. Scheduling of compensatory time requires prior management approval and must be
preceded by a ten (10) day notice of intended use from the employee. Management may
waive the ten (10) day notice in cases of emergency. Compensatory time off may be taken
only in 15 minute increments. The ten (10) day notice requirement shall not apply to
attendance at funerals; the employee will notify management as soon as the need to be
absent for a funeral is known.
Formatted: List Paragraph, Left, Space Before: 0.3 pt, Line
C. C —Upon promotion to an FLSA exempt classification, all compensatory time off shall' spacing: Exactly 13.45 pt, Numbered + Level: 1 +
be cashed out prior to promotion at the employee's current regular rate of pay in the non- Numbering style: A, B, C, ... + Start at: 1 + Alignment: Left
+ Aligned at: 0.25" + Indent at: 0.5", Tab stops: 1", Left +
exempt classification. Not at -0.83" + -0.5" + 0" + 0.56" + 1.13" + 1.88" +
2.38" + 2.75" + 3" + 3.25" + 3.75"
23
D. Section 4: Call Backs
24
Formatted: Font: Bold, Underline
Seetien-4• Ca ljaeks
Emergency call back duty occurs when an employee is requested to report to duty on a non -regularly
scheduled work shift. Emergency call back policy is applicable when an employee is requested to
return to work, after the employee's workday is completed and/or prior to when the employee is
scheduled to begin his/her shift. Emergency call back does not occur when an employee is held
over from his/her prior shift or is working planned overtime.
An employee Called Back to duty shall be credited with a minimum of four (4) hours of work at
the applicable overtime rate. Any hours worked in excess of four (4) hours shall be credited for
actual time worked at the applicable overtime rate.
If the employee is Called Back to duty, his/her work time shall be credited commencing when the
employee reports to work and shall conclude when the employee leaves work.
Section 5: PeRee BiseateIrHold Over Pay
A disp^h°~An employee following completion of a shift shall be paid double time for each hour
held over in excess of four (4) hours beyond the regular shift, regardless of the number of regular
hours worked in the pay period•••ar-kv e'.. For purposes of this section only. Hold Over Pay is
applicable when an employee is required to work beyond a regular work shift whether planned
and/or unplanned.
25
ARTICLE SIX
UNIFORMS & SAFETY ROOPSHOEFOOT WEAR ALLOWANCE
If an employee's job classification requires him/her to wear a uniform while on duty, as
designated by the City or employee's Department, the City will provide and launder such
uniform.
For employees that work in the Police Department, the City will provide the initial set of uniforms
to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class
B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates
for Police Department employees, the City will provide an annual uniform purchase and
maintenance allowance of $600.00. The employee's uniforms shall meet the applicable regulations
for his/her job classification pursuant to City/Departmental policies.
Employees that work in the Fire Department and who are required to wear a uniform while on duty
shall receive the uniform allowance identified in the then current Vernon Firemen's Association
Memorandum of Understanding.
The City will provide a safety beet/sheefoot wear allowance of $200.00 payable in the first pay
period in July of each year for those employees required to wear safety boots/shoes. The boots/shoes
purchased must be appropriate to the employee's job classification and must meet applicable CAL-
OHSA regulations and City/Departmental policies.
Employees receiving the beetfsheefoot—wear allowance are required to wear the prescribed
boots/shoes at all time while on duty. Boots/shoes must be kept in a well -maintained condition to
ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate
to the job classification in conformance with applicable CAL-OHSA regulations and
City/Departmental policies.
26
ARTICLE SEVEN
HEALTH AND WELFARE BENEFITS
Section 1: Medical
The City offers various medical plans to employees. The City reserves the right to select,
administer, or fund any fringe benefit programs involving insurance that now exist or may exist in
the future.
The City shall meet with the Union prior to any change of insurance carrier or method funding
coverage for any fringe benefits listed in this article.
Section 2: Cafeteria Plan
The City and Union agree to a section 125 cafeteria plan (non -cash out), for this bargaining unit
effective Jaeuar-yjuly 1, 241-62016. The City will adhere to the cafeteria plan requirements in
accordance with IRS Section 125 regulations. The City shall provide to each employee in this
bargaining unit a monthly allowance toward the cost of his/her medical plan as outlined in
Subsection A B and 8C below. In the event an employee does not exhaust nor exceed his/her
monthly medical allowance, the employee shall be allowed to apply any unused portion towards
the purchase of dental, vision, supplemental or ancillary plans offered through the City and
approved by the Director of Human Resources. , Formatted: Not Expended by / Condensed by
A Fe Ew44eyee o�Effective July 1, 2016, the Cit s� hall provide a contribution equal
to the total premium costs of Employee -Only Employee + Spouse Employee + Child(ren)
or Employee + Family lowest -cost HMO lowest -cost Dental DMO and lowest cost vision
plan that corresponds with the employees' benefit selection Employees who elect a health
plan whose premium cost is higher than the Low HMO medical, dental and vision, will be
responsible for any applicable excess premium costs. However, if an employee opts out of
dental and/or vision coverage, then they may use these allotments for those respective
coverages to pay towards the excess medical premiums. The City understands that the
allotment amounts will vary based on the premium costs that go into effect on January 1 of
each calendar year of the term of this Agreement.
B. During the term of this Agreement, Employees will be allowed to opt in to the Employ
Family plan during any open enrollment period or upon a qualifying event as prescribed and
defined by the City's insurance provider.
27
B-.C. For Employees electing Employee -Only Employee + Spouse or Employee + Child(ren)
plans the maximum contribution by the City shall be either the amount set forth in Section
A or $1120, whichever is greater. For employees enrolled in the PPO/HSA plan, the City
shall pay up to $970 per meH=thI00% of the monthly cost of the plan for employees and
eligible dependents, not to exceed $870 per month. In addition, for each employee enrolled
in a PPO/HSA plan, annually the City shall make lump sum contributions to a health savings
account (HSA) as follows: $1,500 in January, and $500 each in March, June and September.
The cost of any PPO/HSA plan selected by the employee that exceeds $870 shall be paid by
the employee through a pre-tax payroll deduction. The City understands that the allotment
amounts will vary based on the premium costs that go into effect on January 1 of each
calendar year of the term of this Agreement.
Section 3: Dental:
The City of Vernon provides a dental insurance plan to employees. In the event an employee does
not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply
any unused portion toward the purchase of dental insurance for himself/herself and eligible
dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer
medical allowance shall be paid by the employee through a pre-tax payroll deduction.
Section 4: Vision
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost
of such a plan for employees only. Employees shall have the option of purehasi^^ vision eare for
the' dependents ., of $6 95 F„r one ,Dependent r $1 Z 95 f6r two o e .Jeoe :demand
eligible dependents, as designated by their election of medical coverage. In the event an employee
does not exceed their monthly employer medical allowance, the employee shall be allowed to
apply any unused portion towards the purchase of additional provided coverage for vision care.
The City grees that all itemized benefit amounts specified in the City of Vernon Vision Plan
(CVVP) that fall below $150 shall be raised to $150.
•- Formatted: Justified, Tab stops: Not at 1"
Section 5: Life Insurance
The City provides a $20,000 life insurance plan to employees. The City shall pay 100% of the cost
of such plan for employees. The City's agreement to pay full or partial costs of said premiums shall
not create or ripen into a vested right for said employee. In the event an employee does not exceed
his/her monthly employer medical allowance, the employee shall be allowed to apply any unused
portion towards the purchase of additional provided coverage for supplemental life insurance.
Section 6: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program.
28
Section 7: Other City Employee Programs
Employees are eligible to participate in all City sponsored programs adopted by City Council
Resolutions that are intended to benefit all employees in the areas of, but not limited to the
following:
• Computer loan purchase plan
• Corrective eye surgery plan
• Flexible Spending Plan
• Hearing aid devise plan
• Tuition reimbursement plan
• Employee Assistance Program (EAP)
29
ARTICLE EIGHT
RETIREMENT
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides employees with 2.7% at 55 PERS retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new
Ca1PERS members hired on or after January 1, 2013 who meets the definition of new member
under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan.
Employees shall be responsible for paying their employee's contribution to PERS.
The City and Union agree to a reopener to discuss the impacts and effects if the laws concerning
PERS are amended during the term of this contract.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to employees under PERS as
follows:
• Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation
• New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Average Final Compensation
• Gov't Code Section: 21024 - Military Service Credit as Public Service
• Gov't Code Section: 21548 — Pre -Retirement Option 2W Death Benefit
• Gov't Code Section: 21573 — Third Level of 1959 Survivor Benefits
Section 3: Retiree Medical
A. The City will pay up to the amount equivalent to the then current, lowest cost, employee
only HMO insurance premium for the City's medical and/or dental insurance premium(s)
for all full-time regular employees who retire at age 60 or later with at least twenty (20)
years of continuous uninterrupted service. Retired employees will be permitted to enroll
in a higher -cost plan and pay the amount in excess of the HMO equivalent.
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B. All full-time regular employees with at least thirty (30)years of continuous uninterrupted
service who retire before the age of sixty (60) years will be permitted to pay their medical
and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will
pay up to the amount equivalent to the then current lowest cost, employee only HMO
medical and/or dental insurance premium(s).
C. Alf full-time regular ,employees, who retire with A pinimurrLof teq (10) years of continuous
uninterrupteck service with, the City, may, pay, the premium(s) fo; medical and/or defaf
insurance.
D. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, arnd
C above, shall be for retired employees only and shall not include their spouses or o, ,er
dependents. R,
a>
E. All retired employees who receive medical and/or dental insurance benefits pursuant ;q
subsections A, B, or C above and who reach the age of sixty-five (65), are required to Pe
enrolled in Medicare, and shall show proof of such enrollment, where upon the CitV
insurance policy will become supplemental coverage, if applicable.
F. The City's obligation to make any payment under the retiree medical benefits program shall
automatically terminate and cease upon the death of the retired employee.
e,
G. The offer of the retiree medical benefits is not a vested right for future years.
Eligible retired employees may opt not to enroll in the City's medical and/or dental insurance
coverage and instead receive a monthly reimbursement payment equivalent to the then -
current lowest cost City -offered Employee -only medical -HMO and/or dental HMO insuranci',;;:
premium. An eligible retired employee who chooses this option and later has no,;,`,;,
she does have qualifying reimbursable expenses. Once an employee who has opted out
reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then
current cost of supplemental coverage. Once a retired employee opts not to enroll in the
Citv's medical and/or dental insurance. he or she will not be allowed to re -enroll in the Citv's
health plans.
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ARTICLE NINE
HOLIDAYS
Section 1: Holidays
A. All full-time employees, excluding employees assigned to a 24/7 operation, shall be provided
with the following holidays with pay based on the number of hours constituting a regular
working day, subject to the provisions below.
1. January 151- New Year's Day
2. The 31d Monday in January — Martin Luther King, Jr. Day
3. The 3'd Monday in February — Presidents Day
4. March 31s' — Cesar Chavez Day
5. The last Monday in May — Memorial Day
6. July 4'h — Independence Day
7. The first Monday in September — Labor Day
8. The second Monday in October — Columbus Day
9. November I Ith— Veterans Day
10. The 4,h Thursday in November — Thanksgiving Day
11. December 24,h — Christmas Eve
12. December 25,h — Christmas Day
13. December 31It — New Year's Eve
14. Such other days as may be designated as holidays by the City Council of the
City of Vernon (employees assigned to a 24/7 operation shall receive an
equivalent number of in -lieu hours)
B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the
holiday. Holidays falling on a Friday or Saturday, shall not be granted as a holiday to
employees.
C. Temporary, and part-time employees are not eligible for paid holidays.
D. An employee whose regular shift assignment falls on a scheduled holiday and who is required
to work on that day shall be paid at his/her regular -rate of pay for the holiday, plus overtime
pay for his/her regular hours worked (excluding employees assigned to a 24/7 operation).
E. Employees assigned to a 24/7 operation shall not be eligible for holiday pay, but shall instead
receive In -Lieu Holiday hours equivalent to the applicable calendar year holiday schedule for
rest of the Teamsters' members, subject to the provisions below.
Section 2: In -Lieu Holiday Time
A. An employee regularly assigned to a 24/7 operation whose duties are such that they do not
receive the benefits of regular legal holidays, -shall be granted In -Lieu Holiday hours
equivalent to the applicable calendar year holiday schedule for rest of the Teamsters'
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members effective January I" of each calendar year.
B. Such In -Lieu Holiday time shall only be granted so long as said employee is on the active
payroll of the Department.
C. In -Lieu Holidays must be taken prior to December 31't. Holidays may be taken as days off
at the employee's discretion, subject to the approval of the Department Head or designee.
D. It shall be the responsibility of the employee to make a record of a good faith effort to
utilize all In -Lieu holiday time within the applicable calendar year. If such effort is
demonstrated, in or about January of each year, the employee shall be paid for said In -Lieu
Holidays not taken within the preceding calendar year. Compensation for unused In -Lieu
holidays shall be calculated using the employee's regular rate of pay, including all
compensation computed in accordance with the applicable base rate, as of December 3151
of the applicable calendar year.
E.
E:_ An employee who resigns, retires, transfers out of a 24l7 operation or is terminated shall
be compensated on a prorated basis for In -Lieu holiday time not yet taken. Proration shall
be determined by the number of holidays that occurred in the calendar year prior to the
resignation, retirement, transfer, or termination.
33
ARTICLE TEN
VACATION
Section 1: Vacation Leave
All full-time employees shall accrue vacation according to the following schedule:
4/10 Schedule:
Continuous Years of Service
Vacation Hours Earned
Bi-Weekly Accrual
IIt year thru 41' year
80
3.08
5'h year thru 91h year
100
3.85
10'h year thru 141h year
120
4.62
15'h year thru 241h year
160
6.16
25th year and more
190
7.31
24/7 Operation:
P year thru 4th year
96
3.69
5`h year thru 91h year
120
4.61
loth year thru 14'h year
144
5.53
15th year thru 241h year
192
7.38
25th year and more
228
8.76
If the City agrees to increase the vacation accrual for other employee groups (outside of the
Teamsters' Union), excluding executives, who have worked for the City for 25 years or more, the
City agrees to a re -opener at the Union's request to discuss the differing vacation policy(ies).
Section 2: Vacation Accumulation
A. No vacation leave shall be carried over into the next calendar year that exceeds the
maximum number of hours the employee was eligible to accrue during the immediately
preceding year. In or about January of each year, employees shall be compensated for
unused accrued vacation benefit in excess of the allowed accumulated amount referenced
above. Compensation for unused vacation in excess of the allowed accumulated maximum
shall be calculated using the employee's regular rate of pay, including all compensation
computed in accordance with the applicable base rate, as of December 3 Pt of the applicable
calendar year.
B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of
absence or unpaid non -work related disability leave.
C. In the event one or more City holidays fall within a vacation period, such holidays shall not
be charged as vacation leave. (Except for employees assigned to a 24/7 Operation)
D. Upon separation from City employment, compensation shall be paid for vacation leave
which has been earned but not taken at the employee's regular rate of pay, including all
34
compensation computed in accordance with the applicable base rate, at time of separation.
Section 3: Schedulin¢ of Vacation
A. Vacation leave shall be scheduled with the approval of the Department Director or his or her
designee by submitting a Leave Request Form in writing, within ten (10) business days before
the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more),
unless an unforeseen emergency exists, shall he submitted at least thirty (30) days in advance
of the beginning of the vacation. Vacations shall be approved subject to the needs of the
department. The employee's seniority and wishes will be factors that are considered during
the scheduling process. Non -earned vacation leave shall not be allowed. Notwithstanding the
aforementioned, Department Heads can continue to exercise discretion in granting vacation
leave request.
B. Vacation leave requests shall not be in excess of that actually earned at the time it is requested
or in excess of the regular scheduled workweek.
35
ARTICLE ELEVEN
SICK LEAVE
Section 1: Sick Leave
�. Full-time Employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick { Formatted: Highlight
hours over 26 pay periods per year. If the full-time employee works, or is on regular paid
status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Part-
time and temporary employees (excluding CalPERS retired annuitants) working for 30 or
more days within a year shall be entitled to accrue paid sick days at the rate of one (1)
hour per every 30 hours worked. Employees only receive sick leave accrual while they
are in a paid status.
B. The City shall allow carry-over of sick leave up to the maximum cap of 960 hours of sick
leave. This bank of carry-over sick leave would provide a cushion for longer -term
illnesses and injuries.
C. Annually, any sick leave hours exceeding 960 will be compensated for at the end of the year
at 50% of the employee's regular hourly rate.
D. If an employee resigns from the City with 20 years or more of continuous service, he/she
will be compensated for all unused sick leave hours in his/her sick leave bank at the time of
separation at 50% of his/her then current regular hourly rate of pay.
,E. If an employee retires from the City with 15 to 20 years of continuous service, he/she will Formatted: Highlight
be compensated for all unused sick leave hours in his/her sick leave bank at the time of
separation at 50% of his/her then current regular hourly rate of pay. If an employee retires
from the City with 20 er more than 20 years of continuous service, he/she will be
compensated for all unused sick leave hours in his/her sick leave bank at the time of
separation at 100% of his/her then current regular hourly rate of pay.
F. An employee who is out on sick leave for more than two (2) consecutive days shall be
required to provide the City with a doctor's note for the sick leave in order to be paid for the
sick leave.
36
ARTICLE TWELVE
LEAVE BENEFITS
Formatted: Highlight
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A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury
Duty Pay" and there shall be no loss of compensation. An employee will be compensated
up to two weeks at full pay for jury duty. The employee must provide notice of the expected
jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar
days before the expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called
in for jury duty does not have to report to work before or after appearing in court. All
employees shall obtain verification of the hours of jury duty performed using verification
forms as may be supplied by the court. Employees shall notify their Supervisor, either in
person verbally, voicemail message or in writing (electronic), on the day they are released
from their jury duty obligations.
C. Except as herein provided, employees shall remit to the City any compensation received for
those days while on jury duty and shall receive regular pay for the time served. Employees
shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury
duty performed on an employee's regular day off shall not be compensated by the city and
the employee shall be entitled only to the court's compensation for duty performed on such
employee's regular day off. Employees assigned to jury duty on a holiday will be considered
to have taken such a holiday and will receive regular holiday pay, but the employee shall be
entitled to the jury compensation for duty performed on such holiday.
D. For those employees working graveyard and swing shift, or other shifts starting at an early
and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.), Management shall reschedule the employee
to a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m. Monday thru Friday
while the employee is serving on jury duty. This temporary workweek reassignment shall
be for the balance of the scheduled workweek. Reassignment of duties may also be made to
maximize an employee's productivity prior to, and following release from jury duty.
E. If an employee is required to serve on a jury for a period longer than two weeks, the
employee shall be entitled, at the employees' option, to use any accrued leave time, other
than sick time, during the period of extended jury service. The employee shall continue to
receive all paid benefits, and shall continue to accrue eligible leave benefits.
Section 2: Bereavement Leave
Permanent full-time employees, regardless of period of service, may in the event of death or where
death appears imminent, of any "immediate family member" including the equivalent relatives of a
registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may
vary depending on work schedule) of bereavement leave without loss of salary.
37
Relative
All Regular Employees
Spouse
4 work days
Child
4 work days
Registered Domestic
Partner
4 work days
Step -Child
4 work days
Parent
4 work days
Step -Parent
4 work days
Mother-in-law
4 work days
Father-in-law
4 work days
Step- Parent-i n-1 aw
4 work da s
Grandchild
4 work days
Step -Grandchild
4 work days
Grandparent
4 work days
Grandparent -in-law
4 work days
Brother
4 work days
Sister
4 work days
Step -Sister
4 work days
Step -Brother
4 work days
Daughter-in-law
4 work days
Son-in-law
4 work days
Brother-in-law"
4 work days
Sister-in-law'
4 work days
*Brother-in-law and sister-in-law are defined as the spouse of the- employee's
sibling or the sibling of the employee's spouse. .
Bereavement leave is paid over a maximum of eight (8) workdays and is paid in
thirty -minute increments. The bereavement leave begins on the first regularly
scheduled workday as requested by the employee. If the employee learns of the
death while at work, he or she is entitled to leave work immediately; this partial
day leave will not be counted towards the bereavement leave. Bereavement leave
must be authorized by the employee's Department Director and must be utilized
within 15 days of employee learning of the death, or of the date of foreseen
imminent death of the immediate family member, unless special circumstances
require that the leave begin at a later date. Such requests to the Department
Director shall be made within 15 days of the employee learning of the death or
of the date of foreseen imminent death and shall not be unreasonably denied.
Upon written verification that funeral services or other related obligations necessitate
travel outside of California, the employee shall be entitled to use up to two (2)
additional days of accrued leave (vacation, compensatory time, in -lieu holiday, or sick
leave; said leave to be recorded as vacation, etc.).
38
' Formatted Table
' �rmatted Table
ARTICLE THIRTEEN
WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions
The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59
p.m. except as modified by management. In the event the City needs to adjust any work schedule, the
City agrees that no such modification will be conducted without first notifying the affected employees
a minimum of ten (10) days prior to the change, unless agreed to by the affected employee(s) and the
Department Director.
Section 2: 4/10 Work Schedule,
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Not at 1"
l Formatted: Font: 11.5 pt, Not Bold, No underline
The City agrees to continue the 4/10 work schedule for employees assigned to work between
Monday — Friday shifts. The basic work schedule shall consist of four (4) consecutive 10-hour
days within a seven (7) calendar day period.
Section 3: Work Schedule
It is understood that the City has established a workweek for each covered employee which meets
the requirement of the FLSA and which will not result in overtime compensation as part of the
normal work schedule. Each non-exempt employee shall be assigned a designated FLSA
workweek for the correct calculation of overtime.
All employees shall receive a minimum of two 15-minute breaks- and a thirty (30) minute lunch
period or sixty (60) minute lunch period per workday.
Section 4: Standby Policy
A. PURPOSE
To have employees on stand-by to respond to major incidents and emergencies during non -working
hours which require immediate attention to availability of qualified individuals with expertise in
operating, maintaining, restoring and repairing the City's infrastructure.
It is presently anticipated that the need for stand-by will be as follows, with the understanding that
actual stand-by staffing, if any, remains at the discretion of the department head:
1.- One (1) Water Employee
2.- One (1) Building Maintenance Employee
3.- One (1) Environmental Specialist
4.- One (1) Street Facilities Maintenance Employee
5- One (1) Police Dispatcher
39
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Custom Color(RGB(31,73,125))
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stops: Not at V
The Emergency Call Back policy is not intended to be used in lieu of a demonstrated need for
stand-by.
B. DEFINITIONS
Stand-by: Stand-by duty requires that an employee be accessible, available, and physically able to
report to work. The employee must possess a city issued mobile phone device that remains available
for immediate contact. The employee must be ready, willing, and able to respond to an emergency
or incident or request for assistance based on a pre -arranged schedule. Employees on stand-by must
respond to the mobile phone call immediately and be able to respond to the City within 1 hour of
being called upon. The department head will determine if an employee is qualified to perform stand-
by duties. The stand by duty period shall be defined by the Department Head.
Emergency Call- Back: When an employee is called back to the City, or at the direction of their
supervisor, after their normal work shifts has been completed or before their normal work shift
commences due to an unscheduled emergency or request that affects the City's infrastructure.
C. PAYMENT
Stand—by: Employees on "Stand —By" shall receive two hours of regular straight time compensation
for each date that the employee is assigned to be on stand-by. Stand-by time is not counted as hours
worked as employees are not restricted in their activities and may engage in non -work related
personal activities. On City -recognized Holidays where City Hall is closed, employees on stand-by
will be compensated four hours of straight time compensation.
An employee assigned to stand-by who is not available to report will be subject to appropriate
disciplinary action unless they provide sufficient notice to their immediate supervisor of their
incapacity to respond prior to the call back so that appropriate arrangements can me made so that
the stand-by duty is covered.
When an employee on "stand-by" is called back to the City, he/she shall be entitled to "stand-by"
pay. The employee shall be paid a minimum of four (4) hours of pay at the appropriate rate based
upon the employee's hours worked. Time begins when the call out request is received and ends
when the employee returns home. If work is performed remotely, the employee shall receive hour
for hour compensation at the appropriate rate based upon the employee's hours worked.
D. CONDUCT WHILE ON "STAND-BY" DUTY
1. While on stand-by duty the employee must be able to respond to the City within sixty 60
minutes of being called, and will carry the city issued phone.
2. The employee will at times remain able to immediately respond to any emergencies.
3. Each employee on stand-by duty is accountable to all of the rules and regulations of the
City.
40
In the event of a call back, the employee will wear his/her City uniform, if applicable.
F. ASSIGNED VEHICLES
At the discretion of the department head, employees on stand-by will have use of a City vehicle to
travel to and from their houses and call back assignments. When not on call, the City vehicle must
be parked in a secure location at the employee's residence.
41
ARTICLE FOURTEEN
GRIEVANCE PROCEDURE
PURPOSE AND SCOPE
The purpose of this Article is to provide for a mutually acceptable method for the prompt
resolution of employee rievances over the misinterpretation or misapplication of this particular
provision of this MOU, City policy, rule or past practice. The City and Union recognize the
importance of a viable grievance procedure to aid in the resolution of disputes among employees,
supervisors and management. Union and City agree that it is in their best interests to resolve
disputes at the earliest opportunity and at the lowest level
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Union of a misinterpretation,
misapplication, or violation of a particular provision of this MOU, City policy, rule, or past
practice.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Formatted: Font: Not Bold
GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance or do so through their Union
representative.
Grievances shall be processed on standard forms provided by the Department of Human Resources
and shall contain information which (a) identifies the aggrieved. (b) contains the specific nature of
the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of
the MOU, City policy, rule or past practice which have been violated, misinterpreted or misapplied.
(e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective
action desired. Grievances may be submitted via email, so long as the employee attaches the
grievance form to the email by the required time line. If an employee includes attachments to the
grievance form and those attachments are not included in the email or in -person submission, the
City shall notify the employee that all attachments were not included and that the deadline for the
City to respond to the grievance will not begin to run until all the attachments are received.
Failure by nagement to reply to the employee's grievance within the time limits specified
automatically grants to the employee the right to process the grievance to the next level. If an
employee fails to appeal from one level to the next within the time limits established in this
grievance procedure, the grievance shall be considered settled on the basis of the last decision, and
the grievance shall not be subject to further appeal or reconsideration.
All time periods specified in this procedure maybeextended by mutual written (includingemail)
mail)
consent of the aggrieved employee(e), Union representative and the designated management
42
representative.
INFORMAL PROCEDURE
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee may discuss the complaint with his/her
immediate supervisor. Employees are encouraged to discuss complaints with their immediate
supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee, at his or her sole discretion, may opt to skip the informal procedure resolution
process and instead go directly to Step One. If an employee chooses to proceed with the Informal
Procedure, he/she or their union representative shall inform the Human Resources Director,
within one day of initiating the Informal Procedure, that he/she has initiated the Informal
Procedure and the date the informal grievance was first discussed with his/her supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to
the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond, the
emplovee shall have access to the formal grievance process described below
Step One - Immediate Supervisor
Within the time period referenced above, or if the employee chooses to skip the Informal Procedure,
within eight (8) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance
procedure by explaining the situation afally or in writing, with the information prescribed above, to
the immediate supervisor of the affected employee(s). The Union and/or employee(s) waive the
right to proceed with the grievance if the grievant does not initiate the procedure by this deadline.
After the presentation of the grievance to the supervisor, the supervisor shall make a decision and
present his/her decision, in writing, to the Union and employee(s) within €rve (-5ei ht 8) days.
Step Two _ Department ReadDirector
If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the
grievant(s) shall present the grievance, in writing, to the grievant-isgrievant's Department
14eadDirector within €ive43ei ht 8) days of the decision of the immediate supervisor. The Union
and/or employee(s) waive the right to proceed with the grievance if the grievant(s) does not act by
this deadline. Within fi-ve F3 ei ht 8) days, the Department HeadDirector, or the designee of the
Department 14eadDirector, shall meet with the Union and employee(s) to hear the grievance. Within
4ve45ei lit 8) days of hearing the grievance, the Department headDirector or designee shall
present his/her decision, in writing, to the Union and employee(s), with copies to the Human
Resource Director and the City Administrator.
Step Three - City Administrator/Advisory Arbitration
If the Union or employee(s) is not satisfied with the result of the meeting with the Department Head,
43
the grievant may request the matter be heard by the City Administrator or designee, or the Union
may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet
with the Union and/or employee(s) within eight (8) days of receipt of the grievant' s written notice.
If the Union and/or employee(s) elects to have the matter heard by the City Administrator or
designee, the Union and/or employee(s) waives the right to have the matter heard by an arbitrator.
Within eight (8) days of hearing the grievance, the City Administrator shall provide his/her decision,
in writing, to the Union and employee(s). The decision of the City Administrator shall be final and
binding.
If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union
and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of
the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties.
Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid
by the party that incurred the cost.
If the Union elects arbitration, the City shall request a list of five (5) arbitrators registered with the
American Arbitration Association, California State Conciliation Service or some other mutually
agreed upon source within ten (10) days of the Union's request. The Union may delete/strike two
(2) names from the list. The City will then select the arbitrator from the remaining names on the
list. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising
under the Grievance procedure shall be governed by the provisions of Title 9, Part 3, of the Code
of Civil Procedure of the State of California.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall
provide his/her decision, in writing, to the Union and employee(s). The recommendation of an
arbitrator shall be advisory to the City Administrator or designee. The decision of the City
Administrator shall be final and binding.
All time limits specified in the foregoing procedure may be waived only by mutual written
agreement.
44
ARTICLE FIFTEEN
DISCIPLINE PROCEDURE
Definition
Types of discipline include the following: suspension, demotion, reduction in pay or dismissal.
For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary
demotions, and performance evaluations are not classified as discipline.
DiSCiDlinary Actions
The tenure of every City employee shall be based on reasonable standards of personal conduct and
job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action,
which shall be commensurate with the seriousness of the offense and with consideration of the
employee's personnel file. Progressive discipline will be used; however, this does not preclude the
City from taking disciplinary action, up to and including termination, for an incident for which there
is no prior documentation as long as the disciplinary action is warranted and is based on just cause.
The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or
his/her designee shall advise employees of contemplated disciplinary actions in writing and allow
the employee an opportunity to respond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file. Performance
deficiencies documented in the employee's performance evaluation as "does not meet standards"
may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible,
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
Upon the City receiving authorization from the employee, the City will provide the Union with all
written notices of discipline given to employees represented by Union. The written notice of
discipline will also inform the employee that he/she has the right to consult with the Union with
regard to the disciplinary action being taken.
Disciplinary Procedure
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
Written Notice of Pronosed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall
include the proposed effective date of the discipline, a statement of the reason(s) for the proposed
action, including the rule or standard of conduct allegedly violated, the proposed discipline and the
charge(s) being considered.
45
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the
proposed disciplinary action is based.
Emplovee Resoonse/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right to
respond orally, in writing or both orally and in writing. This represents the pre -disciplinary
opportunity for the employee to state any reasons that he/she believes the proposed action to be
inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be
fewer than five days. This date may be adjusted by mutual agreement. Failure to respond by the
assigned date will constitute a waiver of the right to respond. Any response will be fully considered
before any final action is decided upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the
right to have a representative of his or her own choosing at the conference. The City may conduct
further investigation if the employee's version of the facts or new information raises doubts as to
the accuracy of the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of
the final disciplinary action shall be given to the employee. Such notice shall include essentially the
same information contained in the notice of proposed action, except that the employee's formal
appeal rights shall be stated.
Emergencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare of the public, other employees or the employee himself, the employee may be
suspended without pay for up to five (5) days pending the processing of the notices required in this
article or may be suspended with pay pending the completion of such investigations or hearings as
may be required to determine if disciplinary action is to be taken. If the charges and/or allegations
are not sustained, the employee suspended without pay shall be entitled to reinstatement with full
back pay and benefits. All back pay awards related to suspension, demotions and discharges shall
include interest as set by Civil Code §§ 3287 et. seq..
Appeal Procedures
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal,
suspension of thirty (30) hours or more, reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to probationary employees. The appeal process shall not be
applicable to performance evaluations, verbal and/or written reprimands.
46
An employee desiring to appeal the discipline shall have ten (10) days after receipt of final notice
of discipline. The employee's request for appeal must be addressed to the City Administrator and
received in the Human Resources Division. The Human Resources Division shall date stamp the
employee's appeal to verify the timeliness of the appeal.
If, within the 10-day appeal period, the employee does not file the appeal, unless good cause for the
failure is shown, the discipline shall be considered conclusive. If the employee files a timely appeal,
an arbitration appeal hearing shall be established as follows:
1. The employee shall file a written request with the Human Resources Division for
advisory arbitration to the City Administrator or designee. The City and Union will share
equally share (i.e. 50/50) the arbitration -related expenses, excluding attorney fees, expert
witness(es) and staff time.
2. The City shall request a list of five (5) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. The employee may delete/strike
two (2) names from the list. The City will then select the arbitrator from the remaining
names on the list.
3. The selected arbitrator shall serve as the hearing officer.
4. All time limits specified in the procedure may be waived by mutual written agreement.
5. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and
the employee. The opinion shall set forth findings of fact and conclusions. The decision
of the Arbitrator will become final unless the City or the employee elects to pursue
judicial review under CCP § 1094.5.
Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of major
discipline. The appeal process shall not apply to probationary employees.
If the problem cannot be resolved between the employee and the supervisor, the employee may,
within ten (10) days from receiving notice of the final discipline, request and be granted an
interview with the Department Director or his/her designee in order to discuss the appeal.
The Department Director or designee shall render his/her decision in writing within fifteen (15)
days of receiving the appeal. If the Department Director and employee are unable to arrive at a
satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by
the Department Director, submit a written appeal to the City Administrator or designee. The City
Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City
Administrator or designee 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
47
forth findings of fact and conclusions. The decision of the City Administrator shall be final and
binding.
48
ARTICLE SIXTEEN
JOINT LABOR MANAGEMENT COMMITTEE
A. The City and the Union will maintain a Joint Labor Management (JLM) Committee
comprised of at least eight (8) members. The City's team shall consist of representatives
from the City Administrator's office, the Human Resources Department and management
representatives of the City Departments. The Union shall provide up to five (5) City
employees and one (1) representative to sit on its committee. Employees who are regularly
scheduled to work shall be on paid release time during participation in the JLM Committee.
Participation in the JLM Committee is considered Union Business, and as such, any release
time under this section shall not result in the City incurring any overtime. Additional
department and employee representatives may participate on the Committee to deal with
departmental matters which may be addressed. This Committee shall meet at least semi-
annually to discuss matters of concern to both management and the Union and a written
summary of each meeting shall be prepared by the City. The Committee shall be authorized
to schedule meetings more frequently than the semi-annual ones required herein in order to
expeditiously respond to concerns properly before the committee.
B. The JLM Committee shall be utilized to allow the parties to discuss matters affecting the
workplace environment.
C. The JLM Committee shall not be a means for participating in the meet and confer process
as provided for by Government Code Sections 3500 et. Seq. The JLM Committee's
meetings shall not be "Meet and Confer" sessions as that term is used in Government Code
Sections 3500 et. seq.
D. JLM Committee consideration of proposed changes in terms and conditions of employment
shall not occur and is not a condition precedent to the exercise by the City of its rights.
49
CITY OF VERNON
Ma fk `x'hitwo^rtthCarlos R. Fandino Jr.
City Administrator / "MERR"
Tef.esa Me ^ "ister Isaac Garibay
Director of Human Resources
Formatted: Highlight
TEAMSTERS LOCAL 911
Raymond B. Whitmer
Secretary -Treasurer
Carlos Rubio
Business Representative
Lisette Michel Grizzelle Juan Arellano
Deputy City AdFrAnistrateSenior Human Resources Analyst Committee Member
Alex I�a*g William F. Fox Rafael Contreras
Eeene..,:,. Development Manager Director of Finance/City Treasurer Committee Member
Irma Rodriguez Moisa Jerrick T. Torres
Chief Negotiator Committee Member
Ana Karina Rueda Christina RiveraHuman Resources
Analyst Committee Member
APPROVED AS TO FORM:
Cerissa Diaz
Committee Member
Zaynah Moussa, Deputy City Attorney
Lyndon Ong Yiu
Committee Membe
APPROVED AND ADOPTED BY CITY COUNCIL ON PER
50
RESOLUTION NO.
ATTEST:
Ana Bareia Pepu yMaria Ayala, City Clerk
51
Dated:
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CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: Teamsters Local 911
CONTRACT PURPOSE: Memorandum of Understanding July 1, 2016 — June 30, 2019
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
❑ SERVICES ❑ MATERIALS ❑ BUDGETED ❑ NOT BUDGETED
TOTAL CONTRACT VALUE: $ Charge Acct. No(s)
Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Michael A. Earl PHONE: ext.239
AUTHORIZATION: 2 Approved by Council on 07/12/2016
(Check One) Resolution No. 2016-40 (if applicable)
❑ Approved by City Administrator on
Note: Attach supporting documentation
❑Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date
(1) Responsible Department Person
Checks substance of contract and assembles two (2) copies of 7 2z 6
contract, insurance & bond documents, certifies compliance
with Competitive Bidding and Purchasing Ordinance
(2) Liability and Claims Z
Approves insurance and sureties, if bonds required
(3) Finance (Purchasing)
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget
(4) City Attorney `
Approves contract as to form, verifies bonds and insurance included
(5) City Signatory
Signs all copies on behalf of City
(6) City Clerk
Attests signatures, numbers, files contract, insurance and bonds, and.
transmits duplicate original to contractor, notifies IT to remove related RFP/bid
notice, notifies any "consultant" of duties to file Form 700, if applicable
Rev. 1/27/14
TRANSMITTAL CO ICATION
.all of �Er--
reed#!
C
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
December 28, 2016
Teamsters Local 911
Attn: Carlos Rubio, Representative
9900 Flower Street
Bellflower, CA 90706
Re: Memorandum of Understanding — July 1, 2016 — June 30, 2019
Dear Mr. Rubio:
Please find enclosed an original fully executed Memorandum of Understanding approved by City
Council on July 12, 2016, through Resolution No. 2016-40.
If you have any questions regarding this matter, please call Carlos Fandino, at (323) 583-8811
ext. 570.
Very t ly1 yours,
Deborah R. Juare
Records Management Assist
Enclosure
c: Michael Earl
Carlos Fandino
William Fox
Resolution No. 2016-40
Agreement No. 16-078
EXcfusivel Industrial
FULLY EXECUTED AGREEMENT
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
["Il
TEAMSTERS LOCAL 911
July 1, 2016 through June 30, 2019
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Preamble............................................................................................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition................................................................................................
7
Section 2:
No Discrimination....................................................................................... 7
Section 3:
No Strikes or Lockouts................................................................................. 7
Section4:
Layoffs..........................................................................................................
7
Section 5:
City/Union Meetings..................................................................................
7
Section6:
Union Business............................................................................................
7
Section7:
Management Rights......................................................................................
9
Section 8:
Contracting Out.............................................................................................11
Section 9:
Employee Rights...........................................................................................11
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause......................................................... 12
Section2: Term..............................................................................................................12
Section 3: Modification and Waiver...............................................................................12
ARTICLE THREE: ORGANIZATIONAL SECURITY
Section 1: Organizational Security.................................................................................13
ARTICLE FOUR: COMPENSATION
Section1: Salaries..........................................................................................................15
Section2: Acting Pay.....................................................................................................16
Section3: Bilingual Pay.................................................................................................16
Section 4: Certification Pay............................................................................................16
2
Section5: Longevity Pay................................................................................................19
Section6: Merit Steps...................................................................................................20
Section 7: Premium Pay............................................................................................... 21
Section 8: Training and Recertification Time................................................................22
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization................................................................................. 23
Section2: F.L.S.A. Overtime......................................................................................... 23
Section 3: Compensatory Time...................................................................................... 23
Section4: Call Backs.................................................................................................... 24
Section5: Holdover Pay................................................................................................. 24
ARTICLE SIX: UNIFORMS & SAFETY FOOTWARE ALLOWANCE
Section 1: Uniforms & Safety Footwear Allowance...................................................... 25
ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section1:
Medical..........................................................................................................26
Section 2:
Cafeteria Plan .................................................................................................26
Section3:
Dental...........................................................................................................
26
Section4:
Vision............................................................................................................
27
Section 5:
Life Insurance................................................................................................27
Section 6:
Deferred Compensation.................................................................................
27
Section 7:
Other City Employee Programs....................................................................
27
ARTICLE EIGHT: RETIREMENT
Section1: P.E.R.S......................................................................................................... 29
Section 2: Supplemental P.E.R.S. Retirement Benefits..................................................29
Section 3: Retiree Medical......................................................................................... 29
ARTICLE NINE: HOLIDAYS
3
Section1: Holidays........................................................................................................ 31
Section 2: In -Lieu Holidays............................................................................................ 31
ARTICLE TEN: VACATION
Section1: Vacation Leave............................................................................................... 33
Section 2: Vacation Accumulation....................................................................................33
Section 3: Scheduling of Vacation.....................................................................................34
ARTICLE ELEVEN: SICK LEAVE
Section1: Sick Leave........................................................................................................ 35
ARTICLE TWELVE: LEAVE BENEFITS
Section1: Jury Duty......................................................................................................... 36
Section 2: Bereavement Leave........................................................................................... 36
ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section1: Provisions......................................................................................................... 38
Section 2: 4/10 Work Schedule..........................................................................................38
Section 3: Work Schedule..................................................................................................38
Section 4: Standby Policy.................................................................................................. 38
ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
GrievanceProcedure................................................................................................................. 41
ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
DisciplineProcedure................................................................................................................. 44
ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee........................................................................................48
4
SIGNATURE PAGE
Signatures................................................................................................................................49
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
�i�
TEAMSTERS LOCAL 911 (TEAMSTERS)
PREAMBLE
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into by and
between the City of Vernon (hereinafter referred to as "City") and the California Teamsters,
Public, Professional and Medical Employees Union, Local 911, affiliated with the International
Brotherhood of Teamsters (hereinafter referred to as the "Union"). It is the purpose of this MOU
to promote and provide for harmonious relations, cooperation, and understanding between
Management and the Employees covered by this MOU. This MOU is entered into with reference
to the following facts:
A. Representatives of management for the City of Vernon (hereafter "City") and
representatives of Teamsters Local 911 (hereafter "Union") have met and conferred in
good faith exchanging proposals concerning wages, hours, fringe benefits and other terms
and conditions of employment of employee -members represented by the Union.
B. The management representatives and the representatives of the Union have reached an
understanding as to recommendations to be made to the City Council for the City of
Vernon and to the membership of the Union.
C. This MOU incorporates, contains, and represents all of the terms and conditions agreed
upon by both parties as of the date this agreement is ratified.
Cel
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City recognizes the California Teamsters, Public, Professional, and Medical Employees
Union, Local 911 ("Union") as the certified majority representative of the employees, comprised
of Addendum A, as the exclusive representative of the employees for purposes of collective
bargaining for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the Union shall discriminate against any individual or
employee with respect to his/her compensation, terms, condition, or privileges of employment or
because of an individual's race, color, sex, religion, national origin, age, marital status, disability,
pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or
non -membership in the Union.
The City and Teamsters agree that the City's policies set forth in the City of Vernon's Personnel
Policies and Procedures Manual and the Administrative Manual shall be applied in a non-
discriminatory manner as prohibited by state and federal anti -discrimination, anti -harassment and
whistleblower laws. Employees shall not be subject to intimidation, retaliation, coercion, or
discrimination for exercising their rights under these policies.
Section 3: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or
sanctioned by the Union, and no lockouts shall be made by the City.
Section 4• Layoffs
In accordance with the Meyers-Milias Brown Act, the City and the Union shall meet and confer
on the effect of its actions to layoff. This will occur prior to implementation of layoffs, except in
emergency circumstances wherein the City Council declares a fiscal emergency pursuant to
Article II, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet and confer
over the effect of the exercising of a City right shall not in any way impair the right of the City to
exercise and implement any of its rights to layoff.
Section 5: City/Union Meetings
Representatives from the Union and the City shall meet as needed to discuss issues of mutual
concern.
Section 6: Union Business
7
A. Use of Bulletin Boards
The City shall provide the Union designated bulletin boards where employees will have access
during regular business hours, subject to the following conditions:
l . All Postings for bulletin boards must contain the date of posting and the identification of
the Union, and
2. Union will not post information, which is defamatory, derogatory, or obscene, subject to
the immediate removal of the right to post for a period not to exceed ninety (90) days.
3. The City will provide separate bulletin boards for the exclusive use of the Union at the
following locations:
A. Lunchroom in the City Yard.
B. Communications Center in Police Department.
C. West wing lunchroom on the second floor of City Hall.
D. South wing lunchroom on the second floor of City Hall.
E. Lunch room on the third floor of City Hall.
B. Access to Facilities
Except as specifically identified in Section D below, all Union business will be conducted by
employees and Union representatives outside of established work hours.
Nothing herein shall be construed to prevent a Union representative or an employee from
contacting the Human Resources Director or other management representatives regarding
personnel related matters during work hours. The authorized Union Business Agent shall be given
access to work locations during working hours provided that prior to visiting any work location
the Union representative shall:
Obtain authorization for the visit from the Human Resources Director or designee. In the event
the requested time and/or location of such visit by the Union Business Agent is denied because it
would interfere with the operations of the department, the Human Resources Director or designee
shall consult with the Union Business Agent regarding availability and set an alternative time
and/or location for such visit within seventy-two (72) hours of the request.
The Union may schedule meetings in the City facilities at such times these facilities are not in use
by submitting a written request to the Human Resources Director or designee, which shall include
the date, time, and number of people expected. Approval will be granted in the same manner as it
is granted to other organizations.
C. Shop Stewards
The City agrees to recognize up to five (5) Stewards appointed by the Union. One of the five (5)
shall be appointed by the Union as the Chief Steward. The Union shall notify the City in writing
of the names and departments of each Steward and Chief Steward.
D. Union Business
The Chief Steward and Stewards shall be allowed release time during their regular work hours to
conduct Union related business as necessary provided it does not unreasonably interfere with the
Stewards' and/or employees' regular work duties. If a Steward must leave his/her work location to
conduct Union related business, he/she shall first obtain authorization from his/her supervisor to
do so. Authorization to leave will be granted unless such absence would be unreasonable. If such
authorization cannot be granted promptly, the Steward will be informed when time can be made
available. To the extent reasonable and compatible with City operational needs, such time will not
be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the
time of the Steward's request unless otherwise mutually agreed upon. For purposes of this section,
"Union Business" shall include grievance investigations, meetings with management called by
management or the Chief Steward/Steward, investigatory meetings where an employee has
requested a Steward, contract/MOU negotiations, meetings with Human Resources involving
personnel or labor relations matters, council meetings, health insurance committee meetings, and
meetings of any other committees established by the City that involve matters directly pertaining
to the bargaining unit with regard to said committees. Any Steward seeking leave time for Union
business for tasks not listed in this section shall obtain authorization from the Human Resources
Director or designee.
The City agrees to allow all employees of the bargaining unit paid release time to attend a Union
meeting on site at the City up to twice per year, up to one (1) hour per meeting.
The City agrees to release up to five (5) Stewards per year to attend a one (1) day Union
sponsored Steward seminar located in Southern California. The Union shall provide the City at
least ten (10) calendar days prior written notice of the request to release the Stewards for the
seminar. Such request shall include the date and start/end time of the seminar. City vehicles may
be made available upon request subject to availability and the City's vehicle use policy.
Release time as provided for in any of the above sections shall not result in the City incurring any
overtime.
E. Union Participation in New Employee Orientation
A Teamsters Local 911 representative(s) shall be notified of new employee orientations and shall
be allowed to make a presentation to new hires for the sole purpose of providing employees with
information regarding Teamsters Local 911 during City Hall hours.
Section 7: Manap-ement Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City
Code, and expressly and exclusively retains its management rights, which include, but are not
limited to:
A. The exclusive right to determine the mission of its constituent departments, commissions,
and boards;
B. Set standards and levels of service;
C. Determine the procedures and standards of selection of employment and promotions;
9
D. Direct its employees;
E. Establish and enforce dress and grooming standards as outlined by City Management in
writing;
F. Determine the methods and means to relieve its employees from duty because of lack of
work or other lawful reasons;
G. Maintain the efficiency of government operations;
H. Determine the methods, means numbers, and kinds of personnel by which government
operations are to be conducted;
I. Determine the content and intent of job classifications;
J. Determine methods of financing;
K. Determine style and/or types of City issued wearing apparel, equipment, or technology to be
used;
L. Determine and/or change facilities, methods, technology, means, organizational structure,
size, and composition of the work by which the City operations are to be conducted;
M. Determine and change the number of locations and types of operations, processes and
materials to be used in carrying out all City functions including, but not limited to, the right
to contract for or subcontract any work or operations of the City;
N. To assign work to and schedule employees in accordance with requirements as determined
by the City and to establish and change work schedules and assignments upon reasonable
notice;
O. Establish and modify productivity and performance programs and standards;
P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise
discipline employees in accordance with applicable laws and with the provisions of this
MOU, including without limitation Article II, Section 6 — Probationary Period and 9 —
Disciplinary Actions;
Q. Take all necessary actions to carry out its mission in emergencies; and
R. Exercise complete control and discretion over its organization and the technology of
performing its work.
The Union and City agree that if the City's exercise of these rights impacts wages, hours, or terms
and conditions of employment, the City will meet and confer on the effect of its actions. This will
occur prior to implementation except in emergency circumstances as defined in law. The
agreement to meet and confer over the effect of the exercising of a City right shall not in any way
10
impair the right of the City to exercise and implement any of its rights.
Section 8: Contracting Out
The City and the Union share a common interest in maintaining the stability and the security of
the City's workforce. As such, the City agrees to notify the Union prior to any decision to contract
with an outside party if such contracting out will have a significant, long-term impact on work
performed by employees in classifications represented by the Union. Such notification will be
given before a decision to contract out is made, and the Union will have an opportunity to
comment prior to a determination by the City to enter into contracting arrangements. If such
contracting out will result in potential layoff of any unit member(s), the City shall meet and confer
over the impact and effect such contracting out will have on the membership. This provision shall
not apply to contracts already established at the time this MOU is adopted.
Section 9: Employee Rights
The City and Union mutually recognize and agree to fully protect the rights of all employees
covered by this MOU to join and participate in the activities of the Union and corresponding
rights of covered employees to refrain from joining and participating in the activities of the
Union. The City agrees that no employee shall be interfered with, intimidated, restrained coerced
or discriminated against because of the exercise of these rights.
11
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited
to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances
adopted in implementation thereof are and shall be subject to all present and future applicable
federal and state laws and regulations and shall be effective and implemented only to the extent
permitted by such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal
and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded, and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall
not be affected thereby and shall remain in full force and effect.
Section 2• Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 2016, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2019 or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when
approved and adopted by the City Council.
The City and the Union agree to submit proposals for any changes related to wages, benefits
and/or other terms of and conditions of employment affecting this Memorandum of
Understanding between February 1, 2019 and March 15, 2019.
Section 3: Modification and Waiver
The Union and the City hereby agree that no changes in this MOU regarding the hours or other
conditions of employment of employees in the classification represented by the Union that would
take effect prior to the expiration of the MOU shall occur, unless both parties mutually agree to
such changes.
The City reserves the right to add to, delete from, amend, or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of
the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act.
12
ARTICLE THREE
ORGANIZATIONAL SECURITY
Upon the voluntary written authorization of bargaining unit employees, the City shall deduct and
remit to the Union the Union's initiation fee and periodic dues for members of the Union.
Any unit member who is not a member of the Union, or who does submit an application for
membership within thirty (30) days following the effective date of this paragraph, or, for those
hired after the effective date of this paragraph, within thirty (30) days from the commencement of
duties, shall become a member of the Union or, if approved by the Union membership as
governed by the Meyers-Milias Brown Act, pay to the Union a fee in an amount equal to the
Union's periodic dues: provided, however,, that the unit member may authorize payroll deductions
for such fee in the same manner as provided in the paragraph above.
Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in
writing by the Union as a person authorized to receive such funds, at the address specified. Dues
and/or fees shall be deducted from the first and second paycheck of each month and remitted to
the Union by the last business day of the month.
The parties agree that the obligations herein are a condition of continued employment for unit
members. The parties further agree that the failure of any unit -member to remain a member in
good standing of the Union or to pay the equivalent of Union dues during the term of this
agreement shall constitute, generally, just and reasonable cause for termination.
The City shall not be obligated to put into effect any new, changed or discontinued deduction until
a pay period commences fifteen (15) working days or more after such submission.
No unit member shall be required to join the Union or to make an agency fee payment if the unit
member is an actual verified member of a bona fide religion, body, or sect which has historically
held conscientious objections to joining or financially supporting employee organizations; this
exemption shall not be granted unless and until such unit member has verified the specific
circumstances. Such employee must, instead, arrange with the Union to satisfy his/her obligation
by donating the equivalent amount to one of the following non religion charitable fund, tax
exempt under section 501(c)(3) of the Internal Revenue Code, chosen by the employee:
United Way
City of Hope
Los Angeles Regional Food Bank
Whenever a unit member shall be delinquent in the payment of dues or fees, the Union shall give
the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of
said notice shall be forwarded to the Human Resources Department.. In the event the unit member
fails to cure said delinquency, the Union shall request, in writing, that the City initiate termination
proceedings. The termination proceedings shall be governed by applicable state laws and are
specifically excluded from the Grievance/Appeal/Arbitration procedures.
The City shall not deduct money specifically earmarked for a PAC or other political activities
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unless such deduction is affirmatively, separately and specifically authorized in writing by the
unit member.
The Union shall keep an adequate itemized record of its financial transactions and shall make
available annually to the City and, upon request, to the employees who are members of the unit,
within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form
of a balance sheet and an operating statement, certified as to accuracy by its president and
treasurer or principal officer, or by a certified public accountant. A copy of financial reports
required under the Labor -Management Disclosure Act of 1959, or Government Code section
3546.5, shall satisfy this requirement.
The Union will defend, indemnify and hold harmless the City of Vernon from any loss, claim,
liability or cause of action arising out of the operation of this article. Upon commencement of any
such legal action, the Union shall have the right to decide and determine litigation, settlement,
and/or appeal strategy. Any such decision on the part of the Union shall not compromise or
diminish the Union's indemnification obligations under this agreement.
The City, immediately upon receipt of notice of such legal action shall inform the Union of such
actions, provide the Union with all information, documents, and assistance necessary for the
Union's defense or settlement of such action and fully cooperate with the Union in providing all
necessary witnesses, experts and assistance necessary for such defense.
The Union, upon compromise or settlement of such action, shall immediately pay the parties to
such action all sums due under such settlement of compromise. The Union, upon final order and
judgment of a court or administrative body of competent jurisdiction awarding damages to any
prevailing party, shall pay to such party all sums owing under such order and judgment.
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ARTICLE FOUR
COMPENSATION
Section 1: Salaries
A. Effective July 10, 2016, each employee represented in the Union shall be placed within the
proposed grade and step pay plan as a result of the City wide classification and
compensation study based upon the 75�' percentile, at the grade and step that is closest to
but not less than his/her current base salary.
B. If the parties are unable to finalize all compensation and classification studies by July 1,
2016, the parties agree to finalize the studies no later than January 1, 2017 and those
employees who are entitled to a change in their compensation shall have such change
retroactively implemented to July 10, 2016. The parties further agree that if they are unable
to reach agreement regarding the classification and compensation studies, those disputes
shall be submitted to the City Administrator for final determination. Any retroactive
implementation of the compensation and classification study shall not impact an
employees' receipt of the salary adjustment in Section (C) below.
C. Employees whose salaries are above the maximum recommended grade and step plan shall
be Y-rated and their respective salaries frozen for the time period during which their
salaries exceed their maximum grade and step. It is understood by the parties that y-rated
employees' salaries may come out of y-rating upon the implementation of the salary
adjustments provided in Sections (E), (F), (G) and (H) below.
D. Notwithstanding Section (B), employees in the Senior Environmental Specialist
classification since July 1, 2014 or earlier shall be grandfathered into the classification's
previously applied salary schedule. All merit increases due to each Senior Environmental
Specialist shall be based on the grandfathered salary schedule. Employees in the Senior
Environmental Specialists classification since July 1, 2014 or earlier shall not be eligible
for the three (3) salary adjustments set forth in subsection (E), (F), and (G) below.
E. Notwithstanding Section (B), effective July 10, 2016 (the first day of the first full pay
period in Fiscal Year 2016-2017), employees represented in the Union (excluding Y-rated
employees, and employees in the Senior Environmental Specialist classification since July
1, 2014 or earlier) shall receive a two percent (2.0%) salary adjustment increase.
F. Notwithstanding Section (B), effective July 9, 2017 (the first day of the first full pay
period in Fiscal Year 2017-2018), employees represented in the Union (excluding Y-rated
employees and employees in the Senior Environmental Specialist classification since July
1, 2014 or earlier) shall receive a two percent (2.0%) salary adjustment increase.
G. Notwithstanding Section (B), effective July 8, 2018 (the first day of the first full pay
period in Fiscal Year 2018-2019), employees represented in the Union (excluding Y-rated
employees and employees in the Senior Environmental Specialist classification since July
1, 2014 or earlier) shall receive a two percent (2.0%) salary adjustment increase.
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H. The City agrees that if other bargaining units, or unrepresented employees in the
management or confidential classifications, receive a salary adjustment increase of more
than two percent (2%) annually during the term of this Agreement, it shall provide the
same salary adjustment to employees represented by the Union. The City further agrees
that if it provides salary adjustments for any y-rated employee as part of any negotiated
agreement with any other bargaining unit or for any unrepresented employees in the
management and confidential classifications, the City shall provide the same salary
adjustment to y-rated employees represented by the Union.
Section 2: Acting Pay
Employees who are assigned for six weeks or more to a higher position in an acting status during
the absence of an incumbent, or to fill a vacancy until the vacancy can be filled by appointment,
shall be eligible for Acting Pay. If all the conditions listed in Personnel Policy 1-4, Acting/Interim
Appointments have been satisfied the employee shall be compensated at either the beginning step
of the higher classification, or 5% higher than he/she normally receives, whichever is greater,
during the period of time that the employee is assigned to the higher position.
The employee must serve a minimum of 80 consecutive hours in the higher classification to be
compensated at the higher rate. This compensation shall be retroactive to the first hour of the
acting/interim appointment. Claims for acting/interim pay will not be honored beyond six months
from the end of the acting/interim appointment. Please refer to Personnel Policy and Procedures
I-4 Acting/Interim Appointments for specific details.
Section 3: Bilingual Pay
An employee shall be compensated for bilingual pay if his/her regular job duties provide for
interaction with the public on a regular basis. Employee must demonstrate proficiency in
speaking Spanish (the ability to read and write in Spanish may also be tested if necessary).
Proficiency would be determined by successful completion of a proficiency test administered by
an agency or vendor approved by the Human Resources Department. Those employees who
successfully demonstrate this skill would be eligible to receive an additional $125.00 per month
for bilingual pay.
Employees receiving bi-lingual pay as of July 1, 2014 shall be grandfathered into the City's
previous policy.
Section 4: Certification Effective July 1, 2016, an employee shall be eligible, to receive
certificate pay in the amount of 2.5% of the employee's base rate of pay for possession of a
maximum of one (1) of the below certificates within his/her respective classification. Employees
shall be required to annually submit eligibility documentation upon request by the Human
Resources Department. The Human Resource Department shall confirm that eligible certifications
are not required as part of his/her respective classification. Employees who have received the
certification pay during the term of the prior Agreement shall continue to be eligible to receive the
certification pay during the term of this Agreement.
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CLASSIFICATION CERTIFICATE PAY
As designated ted by the City Administrator Notary Public - Employees designated by the
City Administrator to perform notary public
services on behalf of the City
Electrical Inspector ICC — Building Inspector and Safety
Assessment Program (SAP) Evaluator (Both
certificates required)
ICC — Plumbing Inspector UPC
ICC — Mechanical Inspector UMC
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series
Professional Electrical Engineer
Associate Engineer Professional Engineer (Traffic, Geotechnical) —
Only one Traffic, Geotechnical and Land
Surveyor certificate required for the entire
engineering series
Professional Land Surveyor
Engineering Aid Certified Landscape Auditor (Water position
only)
Backflow Tester Certificate (Water position
only)
Facilities Maintenance Worker Lead Class B Commercial Driver's License
Public Works Degree/Certificate
Facilities Maintenance Worker, Senior Class B Commercial Driver's License
Public Works Degree/Certificate
Mechanic, Lead Class B Commercial Driver's License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Mechanic, Senior Class B Commercial Driver's License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Mechanic Class B Commercial Driver's License
Welding Certification (Only one welder
certification required in the mechanic
classification series
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Senior Building Inspector ICC — Electrical Inspector
ICC- Plumbing Inspector UPC
ICC —Mechanical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series
Professional Engineer (Civil, Structural, or
Geotechnical)
Plumbing and Mechanical Inspector ICC —Building Inspector and Safety
Assessment Program (SAP) Evaluator Both
certificates required
ICC — Electrical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series
Professional Mechanical Engineer
Project En 'neer Professional Engineer Traffic, Geotechnical
Professional Land Surveyor — (Only one
employee with a traffic, geotechnical or land
survey license required in the engineering
series).
Street Maintenance Worker Senior Class B Commercial Driver's License
Public Works Degree/Certificate
Pesticide Applicator Certification (Up to two
emplovees rotated annuallv)
Street Maintenance Worker Class B Commercial Driver's License
Pesticide Applicator Certification (Up to two
emplovees rotated annually)
Lead Water & Street Maintenance Worker Class B Commercial Driver's License
Pesticide Applicator Certification (Up to two
em to ees rotated annually)
Public Works Degree/Certificate
I Water Maintenance Worker, Senior I Class B Commercial Driver's License I
I Water Maintenance Worker I Class B Commercial Driver's License I
Fire Code Inspector ICC — Building Inspector
ICC — Fire Plans Examiner
Environmental Specialist. Senior I CA DPH Inspector/Assessor (Lead) (One
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employee only in the Environmental
classification series
Vector Control Technician
Certified Professional Storm Water Quality,
Qualified SWPP Developer or Qualified
SWPPP (Non -cumulative. Only one certificate
pay for one of the certifications within the
series
Practitioner Solid Waste Assoc. of North
America (Only two employees eligible in the
Environmental Specialist classification series
National Registry of Environmental
Professional
Environmental Specialist
CA DPH Inspector/Assessor (Lead) (One
employee only in the Environmental
classification series
Vector Control Technician
AWWA — Backflow Tester
AWWA — Cross Connection Specialist
Solid Waste Association of North American
Certification
National Registry of Environmental
Professional
Police Dispatcher
Advanced Public Safety Dispatcher
Intermediate POST Certificate
Training Officer Certificate
Police Dispatcher, Lead
Advanced Public Safety Dispatcher
Intermediate POST Certificate
Training Officer Certificate
Section 5: Lonp-evity Pay
A. Employees Hired on or Before June 30, 1994
Five (5)Years of Service
All eligible employees who have five (5) years of consecutive uninterrupted
service on or before July 1, 1986, shall receive an additional five percent (5%)per month of
their base salary effective July 1, 1986, and every year thereafter until reaching the next step.
Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to
said five percent (5%)per month upon said anniversary date.
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Ten (10)Years of Service
All eligible employees who have ten (10) years of consecutive uninterrupted
service on or before July 1, 1987, shall receive an additional ten percent (10%) per month
of their base salary effective July 1, 1987, and every year thereafter until reaching the next
step. Employees upon reaching their loth anniversary date after July 1, 1987, shall be
entitled to said ten percent (10%)per month upon said anniversary date.
Fifteen (15)Years of Service
All eligible employees who have fifteen (15) years of consecutive
uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent
(15%) per month of their base salary effective July 1, 1988, and every year thereafter until
reaching the next step. Employees upon reaching their 15th anniversary date after July 1,
1988, shall be entitled to said fifteen percent (15%)per month upon said anniversary date.
Twenty (20)Years of Service
All eligible employees who have twenty (20) years of consecutive
uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent
(20%) per month of their base salary effective July 1, 1989, and every year thereafter.
Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to
said twenty percent (20%)per month upon said anniversary date.
B. Employees Employed OnorAfter July 1, 1994 and on or before December 31, 2013.
Five (5)Years of Service
All eligible employees who are employed on or after July 1, 1994 and on or
before December 31, 2013, who attain five (5)years of consecutive uninterrupted service shall
receive an additional five percent (5%) per month of their base salary. Such employees upon
reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per
month upon said anniversary date. Further, such employees will not be entitled to receive any
additional percentage increase to their base salary for further service. This subsection shall
only apply to employees hired on or after July 1, 1994 and on or before December 31, 2013.
The discontinuation of the longevity benefit outlined in this subsection for
employees hire after December 31, 2013, shall be contingent when the City successfully reaches
agreement on the same proposal as presented with all other represented and unrepresented
employees working in the City.
Section 6: Merit Steps
KI:
A. Effective July 10, 2016, employees who are not at the top step of their Classification
Compensation Plan shall move to the next step on the Plan, if the employee achieved a
"satisfactory" performance evaluation or better as of their immediately preceding annual
performance evaluation. During the second and third years of this Agreement only, the
City agrees to provide merit salary advances to employees who achieve an overall "above
average" as of their immediately preceding annual performance evaluation (s). Employees
shall continue to receive their annual evaluations as outlined in the City's Performance
Evaluation Policy, except that employees shall have a full year to earn an overall "above
average" performance evaluation rating for the purposes of earning merit increases in the
second and third years of this Agreement, and do so with a clear understanding of the
"above average" qualification. Employees may receive more than one merit salary
advance during the term of this Agreement.
B. The merit salary advances earned during the fiscal year 16-17 shall go into effect on July
9, 2017. The merit salary advances earned during the fiscal year 17-18 shall go into effect
on July 8, 2018. The parties agree to reopen negotiations regarding this Section B, at the
City's option, based on the City's financial position to afford the merit salary advances.
C. During the second and third year of this Agreement only, an employee may file an appeal
to the City Administrator regarding an annual performance evaluation that does not rate
them as "above average" and therefore makes them ineligible for a merit salary advance
under Section (A) above. The City Administrator, or his or her designee, shall consider
such an appeal within thirty calendar days of receipt of the written appeal. The City
Administrator's designee, if one is appointed, shall not be in the employee's direct chain
of command. The decision of the City Administrator, or his or her designee, shall be final
and binding.
D. During the second and third year of this Agreement, an employee who does not receive an
annual performance evaluation within twelve work days of their classification anniversary
date shall be deemed to have received a "satisfactory" evaluation, and shall not be denied
movement to the next merit salary advance, as prescribed in this Section, due to his or her
supervisor's untimely annual evaluation.
E. The effective date of these merit salary advances shall not alter the employee's actual
classification anniversary date.
Section 7: Premium Pav
After approval by the City Administrator and Director of Human Resources, premium pay as
defined below shall be assigned to persons found to possess on a regular or temporary assignment
such additional duties and responsibilities or whose positions entail certain hazards as to warrant
this salary step over the base class.
1. 5% Premium Pav - A temporary 5% increase in pay shall be given to
employees during periods when they assume some of the duties of higher -level
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job classes for a period of two weeks or more. Upgrade pay does not apply for
short term absences or vacation coverage.
2. 10% Premium Pav — A temporary 10% increase in pay shall be given to
employees when in the judgment of the Department Head and concurrence
with the City Administrator they assume significantly more complex additional
duties and responsibilities not normally found in their class for a period of two
weeks or more. Upgrade pay does not apply for short term absences or vacation
coverage.
3. 5% Dispatcher Training Pay — A temporary 5% increase in pay shall be given
to Police Dispatchers when they are designated by the Police Chief or designee
to train newly hired employees in the Police Dispatch Center.
Please refer to Personnel Policy and Procedures II-3 Salary Plan Administration for specific
details.
Section 8: Trainine and Recertification Time
Training and/or recertification time that is required by the employee's then current job description
on file with the Human Resources Department or approved in advance by the Department Head is
compensable.
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ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of the respective supervisor prior to
the commencement of such overtime work. Where prior written authorization is not feasible,
explicit verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable.
Section 2: F.L.S.A. Overtime
Employees will be paid overtime at time and a half (1.5) for all eligible hours worked in excess of
forty (40) hours in a single workweek.
Holidays (regular, in -lieu, and floating), vacation time, compensatory time, paid jury duty leave,
sick leave, and bereavement leave shall count as time worked for the purposes of computing
overtime. Union leave, unpaid jury leave, disciplinary suspensions, and administrative leave shall
not count as time worked for the purpose of computing overtime.
Section 3: Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked.
Accrual of compensatory time shall be limited at any point in time to a maximum of eighty (80)
normal working hours. Compensatory time shall be calculated by multiplying the number of
overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate.
A. Overtime shall be compensated as mutually agreed upon in advance by employee and
employer.
B. Scheduling of compensatory time requires prior management approval and must be
preceded by a ten (10) day notice of intended use from the employee. Management may
waive the ten (10) day notice in cases of emergency. Compensatory time off may be
taken only in 15 minute increments. The ten (10) day notice requirement shall not apply
to attendance at funerals; the employee will notify management as soon as the need to be
absent for a funeral is known.
C. Upon promotion to an FLSA exempt classification, all compensatory time off shall be
cashed out prior to promotion at the employee's current regular rate of pay in the non-
exempt classification.
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D. Section 4: Call Backs
Emergency call back duty occurs when an employee is requested to report to duty on a non -
regularly scheduled work shift. Emergency call back policy is applicable when an employee is
requested to return to work, after the employee's workday is completed and/or prior to when the
employee is scheduled to begin his/her shift. Emergency call back does not occur when an
employee is held over from his/her prior shift or is working planned overtime.
An employee Called Back to duty shall be credited with a minimum of four (4) hours of work at
the applicable overtime rate. Any hours worked in excess of four (4) hours shall be credited for
actual time worked at the applicable overtime rate.
If the employee is Called Back to duty, his/her work time shall be credited commencing when the
employee reports to work and shall conclude when the employee leaves work.
Section 5: Hold Over Pay
An employee following completion of a shift shall be paid double time for each hour held over in
excess of four (4) hours beyond the regular shift, regardless of the number of regular hours
worked in the pay period. For purposes of this section only, Hold Over Pay is applicable when an
employee is required to work beyond a regular work shift whether planned and/or unplanned.
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ARTICLE SIX
UNIFORMS & SAFETY FOOT WEAR ALLOWANCE
If an employee's job classification requires him/her to wear a uniform while on duty, as
designated by the City or employee's Department, the City will provide and launder such
uniform.
For employees that work in the Police Department, the City will provide the initial set of uniforms
to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class
B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates
for Police Department employees, the City will provide an annual uniform purchase and
maintenance allowance of $600.00. The employee's uniforms shall meet the applicable
regulations for his/her job classification pursuant to City/Departmental policies.
Employees that work in the Fire Department and who are required to wear a uniform while on
duty shall receive the uniform allowance identified in the then current Vernon Firemen's
Association Memorandum of Understanding.
The City will provide a safety foot wear allowance of $200.00 payable in the first pay period in
July of each year for those employees required to wear safety boots/shoes. The boots/shoes
purchased must be appropriate to the employee's job classification and must meet applicable
CAL-OHSA regulations and City/Departmental policies.
Employees receiving the footwear allowance are required to wear the prescribed boots/shoes at all
time while on duty. Boots/shoes must be kept in a well -maintained condition to ensure employee
safety. The City reserves the right to determine if the boot or shoe is appropriate to the job
classification in conformance with applicable CAL-OHSA regulations and City/Departmental
policies.
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ARTICLE SEVEN
HEALTH AND WELFARE BENEFITS
Section 1: Medical
The City offers various medical plans to employees. The City reserves the right to select,
administer, or fund any fringe benefit programs involving insurance that now exist or may exist in
the future.
The City shall meet with the Union prior to any change of insurance carrier or method funding
coverage for any fringe benefits listed in this article.
Section 2: Cafeteria Plan
The City and Union agree to a section 125 cafeteria plan (non -cash out), for this bargaining unit
effective July 1, 2016. The City will adhere to the cafeteria plan requirements in accordance
with IRS Section 125 regulations. The City shall provide to each employee in this bargaining
unit a monthly allowance toward the cost of his/her medical plan as outlined in Subsection A, B
and C below.
A. Effective July 1, 2016, the City shall provide a contribution equal to the total premium
costs of Employee -Only, Employee + Spouse, Employee + Child(ren), or Employee +
Family lowest -cost HMO, lowest -cost Dental DMO, and lowest cost vision plan that
corresponds with the employees' benefit selection. Employees who elect a health plan
whose premium cost is higher than the Low HMO medical, dental and vision will be
responsible for any applicable excess premium costs. However, if an employee opts out of
dental and/or vision coverage, then they may use these allotments for those respective
coverages to pay towards the excess medical premiums. The City understands that the
allotment amounts will vary based on the premium costs that go into effect on January 1 of
each calendar year of the term of this Agreement.
B. During the term of this Agreement, Employees will be allowed to opt in to other plans
during any open enrollment period or upon a qualifying event as prescribed and defined by
the City's insurance provider.
C. For Employees electing Employee -Only, Employee + Spouse or Employee + Child(ren)
plans, the maximum contribution by the City shall be either the amount set forth in Section
A or $1120, whichever is greater. For employees enrolled in the PPO/HSA plan, the City
shall pay up to 100% of the monthly cost of the plan for employees and eligible
dependents, not to exceed $870 per month. In addition, for each employee enrolled in a
PPO/HSA plan, annually the City shall make lump sum contributions to a health savings
account (HSA) as follows: $1,500 in January and $500 each in March, June and
26
September. The cost of any PPO/HSA plan selected by the employee that exceeds $870
shall be paid by the employee through a pre-tax payroll deduction. The City understands
that the allotment amounts will vary based on the premium costs that go into effect on
January 1 of each calendar year of the term of this Agreement.
Section 3: Dental:
The City of Vernon provides a dental insurance plan to employees. In the event an employee
does not exceed his/her monthly employer medical allowance, the employee shall be allowed to
apply any unused portion toward the purchase of dental insurance for himself/herself and
eligible dependents. The cost of any plan selected by the employee that exceeds his/her
monthly employer medical allowance shall be paid by the employee through a pre-tax payroll
deduction.
Section 4: Vision
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost
of such a plan for employees and eligible dependents, as designated by their election of medical
coverage. In the event an employee does not exceed their monthly employer medical allowance,
the employee shall be allowed to apply any unused portion towards the purchase of additional
provided coverage for vision care. The City agrees that all itemized benefit amounts specified
in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150.
Section 5: Life Insurance
The City provides a $20,000 life insurance plan to employees. The City shall pay 100% of the
cost of such plan for employees. The City's agreement to pay full or partial costs of said
premiums shall not create or ripen into a vested right for said employee. In the event an
employee does not exceed his/her monthly employer medical allowance, the employee shall be
allowed to apply any unused portion towards the purchase of additional provided coverage for
supplemental life insurance.
Section 6: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program.
Section 7: Other City Employee Programs
Employees are eligible to participate in all City sponsored programs adopted by City Council
Resolutions that are intended to benefit all employees in the areas of, but not limited to the
following:
• Computer loan purchase plan
• Corrective eye surgery plan
• Flexible Spending Plan
27
• Hearing aid device plan
• Tuition reimbursement plan
• Employee Assistance Program (EAP)
ARTICLE EIGHT
RETIREMENT
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides employees with 2.7% at 55 PERS retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new
CalPERS members hired on or after January 1, 2013, who meets the definition of new member
under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan.
Employees shall be responsible for paying their employee's contribution to PERS.
The City and Union agree to a reopener to discuss the impacts and effects if the laws concerning
PERS are amended during the term of this contract.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to employees under PERS as
follows:
• Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation
• New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Average Final Compensation
• Gov't Code Section: 21024 - Military Service Credit as Public Service
• Gov't Code Section: 21548 — Pre -Retirement Option 2W Death Benefit
• Gov't Code Section: 21573 — Third Level of 1959 Survivor Benefits
Section 3: Retiree Medical
A. The City will pay up to the amount equivalent to the then current, lowest cost,
employee only HMO insurance premium for the City's medical and/or dental insurance
premium(s) for all full-time regular employees who retire at age 60 or later with at least
twenty (20) years of continuous uninterrupted service. Retired employees will be
permitted to enroll in a higher -cost plan and pay the amount in excess of the HMO
equivalent.
29
B. All full-time regular employees with at least thirty (30) years of continuous
uninterrupted service who retire before the age of sixty (60) years will be permitted to
pay their medical and/or dental insurance premiums, and, upon reaching the age of
sixty (60), the City will pay up to the amount equivalent to the then current lowest
cost, employee only HMO medical and/or dental insurance premium(s).
C. All full-time regular employees, who retire with a minimum of ten (10) years of continuous
uninterrupted service with the City, may pay the premium(s) for medical and/or dental
insurance.
D. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B,
and C above, shall be for retired employees only and shall not include their spouses or other
dependents.
E. All retired employees who receive medical and/or dental insurance benefits pursuant to
subsections A, B, or C above and who reach the age of sixty-five (65), are required to be
enrolled in Medicare, and shall show proof of such enrollment, where upon the City's
insurance policy will become supplemental coverage, if applicable.
F. The City's obligation to make any payment under the retiree medical benefits program shall
automatically terminate and cease upon the death of the retired employee.
G. The offer of the retiree medical benefits is not a vested right for future years.
Eligible retired employees may opt not to enroll in the City's medical and/or dental insurance
coverage and instead receive a monthly reimbursement payment equivalent to the then -
current lowest cost City -offered Employee -only medical -HMO and/or dental HMO insurance
premium. An eligible retired employee who chooses this option and later has no
reimbursable expenses is still eligible to receive the reimbursement at a later time when he or
she does have qualifying reimbursable expenses. Once an employee who has opted out
reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then -
current cost of supplemental coverage. Once a retired employee opts not to enroll in the
City's medical and/or dental insurance, he or she will not be allowed to re -enroll in the City's
health plans.
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ARTICLE NINE
HOLIDAYS
Section 1: Holidays
A. All full-time employees, excluding employees assigned to a 24/7 operation, shall be
provided with the following holidays with pay based on the number of hours constituting a
regular working day, subject to the provisions below.
1. Januar� 1 S` - New Year's Day
2. The 3 Monday in January — Martin Luther King, Jr. Day
3. The 3'd Monday in February — Presidents Day
4. March 31 S` — Cesar Chavez Day
5. The last Monday in May — Memorial Day
6. July 41h — Independence Day
7. The first Monday in September — Labor Day
8. The second Monday in October — Columbus Day
9. November 11 `h — Veterans Day
10. The 4`h Thursday in November — Thanksgiving Day
11. December 24`h — Christmas Eve
12. December 25`h — Christmas Day
13. December 31 S` — New Year's Eve
14. Such other days as may be designated as holidays by the City Council of the
City of Vernon (employees assigned to a 24/7 operation shall receive an
equivalent number of in -lieu hours)
B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the
holiday. Holidays falling on a Friday or Saturday, shall not be granted as a holiday to
employees.
C. Temporary and part-time employees are not eligible for paid holidays.
D. An employee whose regular shift assignment falls on a scheduled holiday and who is
required to work on that day shall be paid at his/her regular rate of pay for the holiday, plus
overtime pay for his/her regular hours worked (excluding employees assigned to a 24/7
operation).
E. Employees assigned to a 24/7 operation shall not be eligible for holiday pay, but shall
instead receive In -Lieu Holiday hours equivalent to the applicable calendar year holiday
schedule for rest of the Teamsters' members, subject to the provisions below.
Section 2: In -Lieu Holiday Time
A. An employee regularly assigned to a 24/7 operation whose duties are such that they do not
receive the benefits of regular legal holidays, shall be granted In -Lieu Holiday hours
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equivalent to the applicable calendar year holiday schedule for rest of the Teamsters'
members effective January Is' of each calendar year.
B. Such In -Lieu Holiday time shall only be granted so long as said employee is on the active
payroll of the Department.
C. In -Lieu Holidays must be taken prior to December 31 ". Holidays may be taken as days off
at the employee's discretion, subject to the approval of the Department Head or designee.
D. It shall be the responsibility of the employee to make a record of a good faith effort to
utilize all In -Lieu holiday time within the applicable calendar year. If such effort is
demonstrated, in or about January of each year, the employee shall be paid for said In -Lieu
Holidays not taken within the preceding calendar year. Compensation for unused In -Lieu
holidays shall be calculated using the employee's regular rate of pay, including all
compensation computed in accordance with the applicable base rate, as of December 31 st
of the applicable calendar year.
E. An employee who resigns, retires, transfers out of a 24/7 operation or is terminated shall
be compensated on a prorated basis for In -Lieu holiday time not yet taken. Proration shall
be determined by the number of holidays that occurred in the calendar year prior to the
resignation, retirement, transfer, or termination.
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ARTICLE TEN
VACATION
Section 1: Vacation Leave
All full-time employees shall accrue vacation according to the following schedule:
4/10 Schedule:
Continuous Years of Service
1 St year thru 4th year
5th year thru 9th year
10th year thru 14th year
15' year thru 24th year
25th year and more
24/7 Operation:
1 St year thru 4th year
5th year dim 9th year
1 Oth year thru 14th year
15th year thru 24`h year
25th year and more
Vacation Hours Earned Bi-Weekly Accrual
80
3.08
100
3.85
120
4.62
160
6.16
190
7.31
96
3.69
120
4.61
144
5.53
192
7.38
228
8.76
If the City agrees to increase the vacation accrual for other employee groups (outside of the
Teamsters' Union), excluding executives, who have worked for the City for 25 years or more, the
City agrees to a re -opener at the Union's request to discuss the differing vacation policy(ies).
Section 2: Vacation Accumulation
A. No vacation leave shall be carried over into the next calendar year that exceeds the
maximum number of hours the employee was eligible to accrue during the immediately
preceding year. In or about January of each year, employees shall be compensated for
unused accrued vacation benefit in excess of the allowed accumulated amount referenced
above. Compensation for unused vacation in excess of the allowed accumulated maximum
shall be calculated using the employee's regular rate of pay, including all compensation
computed in accordance with the applicable base rate, as of December 31" of the
applicable calendar year.
B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of
absence or unpaid non -work related disability leave.
C. In the event one or more City holidays fall within a vacation period, such holidays shall
not be charged as vacation leave. (Except for employees assigned to a 24/7 Operation)
D. Upon separation from City employment, compensation shall be paid for vacation leave,
which has been earned but not taken at the employee's regular rate of pay, including all
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compensation computed in accordance with the applicable base rate, at time of separation.
Section 3: Scheduling of Vacation
A. Vacation leave shall be scheduled with the approval of the Department Director or his or her
designee by submitting a Leave Request Form in writing, within ten (10) business days
before the beginning of the vacation. Vacation leave requests for extended times (3 weeks or
more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in
advance of the beginning of the vacation. Vacations shall be approved subject to the needs
of the department. The employee's seniority and wishes will be factors that are considered
during the scheduling process. Non -earned vacation leave shall not be allowed.
Notwithstanding the aforementioned, Department Heads can continue to exercise discretion
in granting vacation leave request.
B. Vacation leave requests shall not be in excess of that actually earned at the time it is
requested or in excess of the regular scheduled workweek.
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ARTICLE ELEVEN
SICK LEAVE
Section 1: Sick Leave
A. Full-time Employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick
hours over 26 pay periods per year. If the full-time employee works, or is on regular paid
status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Part-
time and temporary employees (excluding Ca1PERS retired annuitants) working for 30 or
more days within a year shall be entitled to accrue paid sick days at the rate of one (1)
hour per every 30 hours worked. Employees only receive sick leave accrual while they
are in a paid status.
B. The City shall allow carry-over of sick leave up to the maximum cap of 960 hours of sick
leave. This bank of carry-over sick leave would provide a cushion for longer -term
illnesses and injuries.
C. Annually, any sick leave hours exceeding 960 will be compensated for at the end of the
year at 50% of the employee's regular hourly rate.
D. If an employee resigns from the City with 20 years or more of continuous service, he/she
will be compensated for all unused sick leave hours in his/her sick leave bank at the time
of separation at 50% of his/her then current regular hourly rate of pay.
E. If an employee retires from the City with 15 to 20 years of continuous service, he/she will
be compensated for all unused sick leave hours in his/her sick leave bank at the time of
separation at 50% of his/her then current regular hourly rate of pay. If an employee retires
from the City with more than 20 years of continuous service, he/she will be compensated
for all unused sick leave hours in his/her sick leave bank at the time of separation at 100%
of his/her then current regular hourly rate of pay.
F. An employee who is out on sick leave for more than two (2) consecutive days shall be
required to provide the City with a doctor's note for the sick leave in order to be paid for
the sick leave.
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ARTICLE TWELVE
LEAVE BENEFITS
Section 1 • Jury Dutv
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury
Duty Pay" and there shall be no loss of compensation. An employee will be compensated
up to two weeks at full pay for jury duty. The employee must provide notice of the
expected jury duty to his or her supervisor as soon as possible, but in no case later than 14
calendar days before the expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is
called in for jury duty does not have to report to work before or after appearing in court.
All employees shall obtain verification of the hours of jury duty performed using
verification forms as may be supplied by the court. Employees shall notify their
Supervisor, either in person, verbally, voicemail message or in writing (electronic), on the
day they are released from their jury duty obligations.
C. Except as herein provided, employees shall remit to the City any compensation received
for those days while on jury duty and shall receive regular pay for the time served.
Employees shall be reimbursed by the City for the mileage portion of the jury duty
compensation. Jury duty performed on an employee's regular day off shall not be
compensated by the city and the employee shall be entitled only to the court's
compensation for duty performed on such employee's regular day off. Employees
assigned to jury duty on a holiday will be considered to have taken such a holiday and will
receive regular holiday pay, but the employee shall be entitled to the jury compensation
for duty performed on such holiday.
D. For those employees working graveyard and swing shift, or other shifts starting at an early
and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.), Management shall reschedule the employee
to a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m. Monday thru Friday
while the employee is serving on jury duty. This temporary workweek reassignment shall
be for the balance of the scheduled workweek. Reassignment of duties may also be made
to maximize an employee's productivity prior to, and following release from jury duty.
E. If an employee is required to serve on a jury for a period longer than two weeks, the
employee shall be entitled, at the employees' option, to use any accrued leave time, other
than sick time, during the period of extended jury service. The employee shall continue to
receive all paid benefits, and shall continue to accrue eligible leave benefits.
Section 2: Bereavement Leave
Permanent full-time employees, regardless of period of service, may in the event of death or
where death appears imminent, of any "immediate family member" including the equivalent
relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days
(total hours may vary depending on work schedule) of bereavement leave without loss of salary.
36
Relative
All Regular Employees
Spouse
4 work days
Child
4 work days
Registered Domestic
Partner
4 work days
Step -Child
4 work days
Parent
4 work days
Step -Parent
4 work days
Mother-in-law
4 work days
Father-in-law
4 work days
Step -Parent -in-law
4 work days
Grandchild
4 work days
Step -Grandchild
4 work days
Grandparent
4 work days
Grandparent -in-law
4 work days
Brother
4 work days
Sister
4 work days
Step -Sister
4 work days
Step -Brother
4 work days
Daughter-in-law
4 work days
Son-in-law
4 work days
Brother-in-law*
4 work days
Sister-in-law*
4 work days
*Brother-in-law and sister-in-law are defined as the spouse of the employee's
sibling or the sibling of the employee's spouse.
Bereavement leave is paid over a maximum of eight (8) workdays and is paid
in thirty -minute increments. The bereavement leave begins on the first
regularly scheduled workday as requested by the employee. If the employee
learns of the death while at work, he or she is entitled to leave work
immediately; this partial day leave will not be counted towards the
bereavement leave. Bereavement leave must be authorized by the employee's
Department Director and must be utilized within 15 days of employee learning
of the death, or of the date of foreseen imminent death of the immediate family
member, unless special circumstances require that the leave begin at a later
date. Such requests to the Department Director shall be made within 15 days of
the employee learning of the death or of the date of foreseen imminent death
and shall not be unreasonably denied.
Upon written verification that funeral services or other related obligations necessitate
travel outside of California, the employee shall be entitled to use up to two (2)
additional days of accrued leave (vacation, compensatory time, in -lieu holiday, or sick
leave; said leave to be recorded as vacation, etc.).
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ARTICLE THIRTEEN
WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions
The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59
p.m. except as modified by management. In the event the City needs to adjust any work schedule, the
City agrees that no such modification will be conducted without first notifying the affected employees
a minimum of ten (10) days prior to the change, unless agreed to by the affected employee(s) and the
Department Director.
Section 2: 4/10 Work Schedule
The City agrees to continue the 4/10 work schedule for employees assigned to work between
Monday — Friday shifts. The basic work schedule shall consist of four (4) consecutive 10-hour
days within a seven (7) calendar day period.
Section 3: Work Schedule
It is understood that the City has established a workweek for each covered employee which meets
the requirement of the FLSA and which will not result in overtime compensation as part of the
normal work schedule. Each non-exempt employee shall be assigned a designated FLSA
workweek for the correct calculation of overtime.
All employees shall receive a minimum of two 15-minute breaks and a thirty (30) minute lunch
period or sixty (60) minute lunch period per workday.
Section 4: Standby Poficy
A. PURPOSE
To have employees on stand-by to respond to major incidents and emergencies during non-
working hours which require immediate attention to availability of qualified individuals with
expertise in operating, maintaining, restoring and repairing the City's infrastructure.
It is presently anticipated that the need for stand-by will be as follows, with the understanding that
actual stand-by staffing, if any, remains at the discretion of the department head:
1.- One (1) Water Employee
2.- One (1) Building Maintenance Employee
3.- One (1) Environmental Specialist
4.- One (1) Street Facilities Maintenance Employee
5.- One (1) Police Dispatcher
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The Emergency Call Back policy is not intended to be used in lieu of a demonstrated need for
stand-by.
B. DEFINITIONS
Stand-bv: Stand-by duty requires that an employee be accessible, available, and physically able
to report to work. The employee must possess a city issued mobile phone device that remains
available for immediate contact. The employee must be ready, willing, and able to respond to an
emergency or incident or request for assistance based on a pre -arranged schedule. Employees on
stand-by must respond to the mobile phone call immediately and be able to respond to the City
within 1 hour of being called upon. The department head will determine if an employee is
qualified to perform stand-by duties. The stand by duty period shall be defined by the Department
Head.
Emergency Call Back: When an employee is called back to the City, or at the direction of their
supervisor, after their normal work shifts has been completed or before their normal work shift
commences due to an unscheduled emergency or request that affects the City's infrastructure.
C. PAYMENT
Stand bv: Employees on "Stand —By" shall receive two hours of regular straight time
compensation for each date that the employee is assigned to be on stand-by. Stand-by time is not
counted as hours worked as employees are not restricted in their activities and may engage in non -
work related personal activities. On City -recognized Holidays where City Hall is closed,
employees on stand-by will be compensated four hours of straight time compensation.
An employee assigned to stand-by who is not available to report will be subject to appropriate
disciplinary action unless they provide sufficient notice to their immediate supervisor of their
incapacity to respond prior to the call back so that appropriate arrangements can me made so that
the stand-by duty is covered.
When an employee on "stand-by" is called back to the City, he/she shall be entitled to "stand-by"
pay. The employee shall be paid a minimum of four (4) hours of pay at the appropriate rate based
upon the employee's hours worked. Time begins when the call out request is received and ends
when the employee returns home. If work is performed remotely, the employee shall receive hour
for hour compensation at the appropriate rate based upon the employee's hours worked.
D. CONDUCT WHILE ON "STAND-BY" DUTY
1. While on stand-by duty the employee must be able to respond to the City within sixty 60
minutes of being called, and will carry the city issued phone.
2. The employee will at times remain able to immediately respond to any emergencies.
3. Each employee on stand-by duty is accountable to all of the rules and regulations of the
39
City.
4. In the event of a call back, the employee will wear his/her City uniform, if applicable.
F. ASSIGNED VEHICLES
At the discretion of the Department Head, employees on stand-by will have use of a City vehicle
to travel to and from their houses and call back assignments. When not on call, the City vehicle
must be parked in a secure location at the employee's residence.
40
ARTICLE FOURTEEN
GRIEVANCE PROCEDURE
PURPOSE AND SCOPE
The purpose of this Article is to provide for a mutually acceptable method for the prompt
resolution of gmployee grievances over the misinterpretation or misapplication of this particular
provision of this MOU. City policy, rule or past practice. The City and Union recognize the
importance of a viable grievance procedure to aid in the resolution of disputes among pMplo
supervisors and management. Union and City agree that it is in their best interests to resolve
disputes at the earliest opportunity and at the lowest level
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Union of a misinterpretation,
misapplication, or violation of a particular provision of this MOU, City policy, rule, or past
practice.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance or do so through their Union
representative.
Grievances shall be processed on standard forms provided by the Department of Human
Resources and shall contain information which (a) identifies the aggrieved, (b) contains the
specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d)
states the article(s) of the MOU, City policy, rule or past practice which have been violated,
misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if
applicable, and (f) states the corrective action desired. Grievances may be submitted via email, so
long as the employee attaches the grievance form to the email by the required time line. If an
employee includes attachments to the grievance form and those attachments are not included in
the email or in -person submission, the City shall notify the employee that all attachments were not
included and that the deadline for the City to respond to the grievance will not begin to run until
all the attachments are received.
Failure by management to reply to the employee's grievance within the time limits specified
automatically grants to the employee the right to process the grievance to the next level. If an
employee fails to appeal from one level to the next within the time limits established in this
grievance procedure, the grievance shall be considered settled on the basis of the last decision,
and the grievance shall not be subject to further appeal or reconsideration.
All time periods specified in this procedure may be extended by mutual written (including email)
41
consent of the aggrieved employee (e), Union representative and the designated management
representative.
INFORMAL PROCEDURE
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee may discuss the complaint with his/her
immediate supervisor. Employees are encouraged to discuss complaints with their immediate
supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee, at his or her sole discretion, may opt to skip the informal procedure resolution
process and instead go directly to Step One. If an employee chooses to proceed with the Informal
Procedure, he/she or their union representative shall inform the Human Resources Director,
within one day of initiating the Informal Procedure, that he/she has initiated the Informal
Procedure and the date the informal grievance was first discussed with his/her supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to
the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond, the
employee shall have access to the formal grievance process described below
Step One - Immediate Supervisor
Within the time period referenced above, or if the employee chooses to skip the Informal
Procedure, within eight (8) days of the date the employee(s) knew or reasonably should have
known of the incident giving rise to the grievance, the employee(s) or the Union shall initiate the
grievance procedure by explaining the situation in writing, with the information prescribed above,
to the immediate supervisor of the affected employee(s). The Union and/or employee(s) waive the
right to proceed with the grievance if the grievant does not initiate the procedure by this deadline.
After the presentation of the grievance to the supervisor, the supervisor shall make a decision and
present his/her decision, in writing, to the Union and employee(s) within eight (8) days.
Step Two — Department Director
If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the
grievant(s) shall present the grievance, in writing, to the grievant's Department Director within
eight (8) days of the decision of the immediate supervisor. The Union and/or employee(s) waive
the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within
eight (8) days, the Department Director, or the designee of the Department Director, shall meet
with the Union and employee(s) to hear the grievance. Within eight (8) days of hearing the
grievance, the Department Director or designee shall present his/her decision, in writing, to the
Union and employee(s), with copies to the Human Resource Director and the City Administrator.
Step Three - City Administrator/Advisory Arbitration
If the Union or employee(s) is not satisfied with the result of the meeting with the Department
Head, the grievant may request the matter be heard by the City Administrator or designee, or the
Union may choose to have the matter heard by an impartial hearing officer (arbitrator).
42
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet
with the Union and/or employee(s) within eight (8) days of receipt of the grievant' s written
notice. If the Union and/or employee(s) elects to have the matter heard by the City Administrator
or designee, the Union and/or employee(s) waives the right to have the matter heard by an
arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide
his/her decision, in writing, to the Union and employee(s). The decision of the City Administrator
shall be final and binding.
If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union
and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of
the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties.
Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid
by the party that incurred the cost.
If the Union elects arbitration, the City shall request a list of five (5) arbitrators registered with the
American Arbitration Association, California State Conciliation Service or some other mutually
agreed upon source within ten (10) days of the Union's request. The Union may delete/strike two
(2) names from the list. The City will then select the arbitrator from the remaining names on the
list. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising
under the Grievance procedure shall be governed by the provisions of Title 9, Part 3, of the Code
of Civil Procedure of the State of California.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall
provide his/her decision, in writing, to the Union and employee(s). The recommendation of an
arbitrator shall be advisory to the City Administrator or designee. The decision of the City
Administrator shall be final and binding.
All time limits specified in the foregoing procedure may be waived only by mutual written
agreement.
43
ARTICLE FIFTEEN
DISCIPLINE PROCEDURE
Definition
Types of discipline include the following: suspension, demotion, reduction in pay or dismissal.
For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary
demotions, and performance evaluations are not classified as discipline.
Disciplinary Actions
The tenure of every City employee shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary
action, which shall be commensurate with the seriousness of the offense and with consideration of
the employee's personnel file. Progressive discipline will be used; however, this does not preclude
the City from taking disciplinary action, up to and including termination, for an incident for which
there is no prior documentation as long as the disciplinary action is warranted and is based on just
cause.
The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or
his/her designee shall advise employees of contemplated disciplinary actions in writing and allow
the employee an opportunity to respond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file. Performance
deficiencies documented in the employee's performance evaluation as "does not meet standards"
may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible,
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
Upon the City receiving authorization from the employee, the City will provide the Union with all
written notices of discipline given to employees represented by Union. The written notice of
discipline will also inform the employee that he/she has the right to consult with the Union with
regard to the disciplinary action being taken.
Disciplinary Procedure
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
Written Notice of Proposed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice
shall include the proposed effective date of the discipline, a statement of the reason(s) for the
proposed action, including the rule or standard of conduct allegedly violated, the proposed
44
discipline and the charge(s) being considered.
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the
proposed disciplinary action is based.
Employee Response/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right
to respond orally, in writing or both orally and in writing. This represents the pre -disciplinary
opportunity for the employee to state any reasons that he/she believes the proposed action to be
inappropriate. The employee shall have a reasonable amount of time to respond, which shall not
be fewer than five days. This date may be adjusted by mutual agreement. Failure to respond by
the assigned date will constitute a waiver of the right to respond. Any response will be fully
considered before any final action is decided upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the
right to have a representative of his or her own choosing at the conference. The City may conduct
further investigation if the employee's version of the facts or new information raises doubts as to
the accuracy of the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of
the final disciplinary action shall be given to the employee. Such notice shall include essentially
the same information contained in the notice of proposed action, except that the employee's
formal appeal rights shall be stated.
Emereencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare of the public, other employees or the employee himself, the employee may be
suspended without pay for up to five (5) days pending the processing of the notices required in
this article or may be suspended with pay pending the completion of such investigations or
hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or
allegations are not sustained, the employee suspended without pay shall be entitled to
reinstatement with full back pay and benefits. All back pay awards related to suspension,
demotions and discharges shall include interest as set by Civil Code §§ 3287 et. seq..
Appeal Procedures
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal,
suspension of thirty (30) hours or more, reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to probationary employees. The appeal process shall not be
45
applicable to performance evaluations, verbal and/or written reprimands.
An employee desiring to appeal the discipline shall have ten (10) days after receipt of final notice
of discipline. The employee's request for appeal must be addressed to the City Administrator and
received in the Human Resources Division. The Human Resources Division shall date stamp the
employee's appeal to verify the timeliness of the appeal.
If, within the 10-day appeal period, the employee does not file the appeal, unless good cause for
the failure is shown, the discipline shall be considered conclusive. If the employee files a timely
appeal, an arbitration appeal hearing shall be established as follows:
The employee shall file a written request with the Human Resources Division for
advisory arbitration to the City Administrator or designee. The City and Union will share
equally share (i.e. 50/50) the arbitration -related expenses, excluding attorney fees, expert
witness (es) and staff time.
2. The City shall request a list of five (5) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. The employee may delete/strike
two (2) names from the list. The City will then select the arbitrator from the remaining
names on the list.
3. The selected arbitrator shall serve as the hearing officer.
4. All time limits specified in the procedure may be waived by mutual written agreement.
5. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and
the employee. The opinion shall set forth findings of fact and conclusions. The decision
of the Arbitrator will become final unless the City or the employee elects to pursue
judicial review under CCP § 1094.5.
Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of
major discipline. The appeal process shall not apply to probationary employees.
If the problem cannot be resolved between the employee and the supervisor, the employee may,
within ten (10) days from receiving notice of the final discipline, request and be granted an
interview with the Department Director or his/her designee in order to discuss the appeal.
The Department Director or designee shall render his/her decision in writing within fifteen (15)
days of receiving the appeal. If the Department Director and employee are unable to arrive at a
satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by
the Department Director, submit a written appeal to the City Administrator or designee. The City
Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City
Administrator or designee 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
E:
decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion
shall set forth findings of fact and conclusions. The decision of the City Administrator shall be
final and binding.
47
ARTICLE SIXTEEN
JOINT LABOR MANAGEMENT COMMITTEE
A. The City and the Union will maintain a Joint Labor Management (JLM) Committee
comprised of at least eight (8) members. The City's team shall consist of representatives
from the City Administrator's office, the Human Resources Department and management
representatives of the City Departments. The Union shall provide up to five (5) City
employees and one (1) representative to sit on its committee. Employees who are regularly
scheduled to work shall be on paid release time during participation in the JLM
Committee. Participation in the JLM Committee is considered Union Business, and as
such, any release time under this section shall not result in the City incurring any overtime.
Additional department and employee representatives may participate on the Committee to
deal with departmental matters, which may be addressed. This Committee shall meet at
least semi-annually to discuss matters of concern to both management and the Union and a
written summary of each meeting shall be prepared by the City. The Committee shall be
authorized to schedule meetings more frequently than the semi-annual ones required
herein in order to expeditiously respond to concerns properly before the committee.
B. The JLM Committee shall be utilized to allow the parties to discuss matters affecting the
workplace environment.
C. The JLM Committee shall not be a means for participating in the meet and confer process
as provided for by Government Code Sections 3500 et. Seq. The JLM Committee's
meetings shall not be "Meet and Confer" sessions as that term is used in Government
Code Sections 3500 et. seq.
D. JLM Committee consideration of proposed changes in terms and conditions of
employment shall not occur and is not a condition precedent to the exercise by the City of
its rights.
48
SIGNATURE PAGE
CITY.00-ERNON
Car os R. Fandino Ir.
City Administrator / "M&RR"
,--IA"
William F. Fox
Dire for of Finance/City Treasurer
ise t Michel CAizzelle
Senior Human Resources Lalyst
grin a
Human Resources Analyst
Irma Ro 'guez Moisa
Chief Negotiator
APPROVED AS TO FORM:
Zay4# Nuoussa, Deputy City Attorney
APPROVED AND ADOPTED BY CITY COUNCIL ON
RESOLUTION NO. 2016-40
ATTEST:
Maria A ala, City Cleo
TEAMSTERS LOCAL 911
Raymond 11. Whitmer
Secretary -Treasurer
/It -
Carlos Rubio
Business R sent ve
Ju ellano
Committee Member
Cerissa Diaz
Committee Member
Jerrick T. Torres
ittee M
Christina Rivera
Committee Member
JOLY 12, 2016 PER
Dated:
ADDENDUM A
Position Title
ACCOUNT CLERK
ADMINISTRATIVE ASSISTANT_
ASSISTANT ENGINEER _
ASSISTANT PLANNER
ASSOCIATE ENGINEER _
BUSINESS LICENSE CLERK
CIVILIAN COURT OFFICER
COMPUTER -AIDED -DRAFTING TECHNICIAN
ELECTRICAL INSPECTOR
ENGINEERING AIDE
ENVIRONMENTAL SPECIALIST
FACILITIES MAINTENANCE WORKER _
FIRE CODE INSPECTOR
LEAD FACILITIES MAINT WORKER
LEAD MECHANIC _
LEAD METER READER
LEAD POLICE DISPATCHER
LEAD WAREHOUSE WORKER
MECHANIC
METER READER
PERMIT TECHNICIAN
PLUMBING 8� MECHANICAL INSPECTOR
POLICE DISPATCHER
POLICE RECORDS TECHNICIAN
PROJECT ENGINEER _
PUBLIC WORKS PROJECT COORDINATOR
PURCHASING._ASSISTANT
PW WATER PROJECTS COORDINATOR _
SENIOR. ACCOUNT CLERK
SENIOR mBUILDING .INSPECTOR_
SR ADMINISTRATIVE ASSISTANT
SR ENVIRONMENTAL SPECIALIST
SR FACILITIES MAINTENANCE WORK
SR MECHANIC _ _
SR STREET MAINTENANCE WORKER
SR WAREHOUSE WORKER
SR WATER MAINTENANCE WORKER
STORMWATER SPECIAL PROJECTS AND _
STREET_AND WATER CREW LEADER
STREET MAINTENANCE WORKER _
UTILITIES COMPLIANCE ANALYST
UTILITIES CUST SVC REPRESENTATIVE
WAREHOUSE WORKER
WATER MAINTENANCE WORKER
STAFF REPORT
RECEIVE
JUL 0 7 Z016
STAFF REPORT CITY CLERK'S OFFICE
CITY ADMINISTRATION
DATE: July 12, 2016
TO: Honorable Mayor and City Council
FROM: Carlos Fandino Jr., City Administrator Cv�I
Originator: Isaac Garibay, Director of Human Resources
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF VERNON AND TEAMSTERS LOCAL 911 FOR
THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2019
Recommendations
A. Find that the adoption of the resolution approving the Memorandum of Understanding by
and between the City of Vernon and Teamsters Local 911 proposed in this staff report is
exempt under the California Environmental Quality Act ("CEQA") review, because it is
an administrative action that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378; and
B. Adopt the attached resolution approving the Memorandum of Understanding by and
between the City of Vernon and Teamsters Local 911 ("Teamsters") for the period of
July 1, 2016 through June 30, 2019.
Background
The City and Teamsters Local 911 ("Teamsters") concluded labor negotiations on June 13, 2016
regarding wages, benefits and working conditions for the 2016-2019 Memorandum of
Understanding ("MOU").
This report recommends the City Council's approval of benefits and contract language
incorporated into an agreement with the Teamsters, which has been reviewed and approved as to
form by the City Attorney's Office. Attached as Exhibit A to the resolution is the MOU for the
employees represented by the Teamsters, which incorporates provisions mutually agreed upon
during the negotiation process. The MOU effective date is July 1, 2016, and shall expire at
midnight on June 30, 2019.
Page 1 of 3
Members of City staff and representatives of the Teamsters met and conferred in good faith, and
reached agreement on the proposed contract language, subject to the approval of the City
Council.
Key provisions of the proposed MOU are:
• Effective the first full pay period in July 2016, the base salary schedule will be increased
by 2% (excluding Y-rated employees).
• Effective the first full pay period in July 2017, the base salary schedule will be increased
by an additional 2% (excluding Y-rated employees).
• Effective the first full pay period in July 2018, the base salary schedule will be increased
by an additional 2% (excluding Y-rated employees).
• Effective July 10, 2016, employees who are not at the top step of their Classification
Compensation Plan shall move to the next step on the Plan, if the employee achieved a
"satisfactory" performance evaluation or better as of their immediately preceding annual
performance evaluation. During the second and third years of this Agreement only, the
City agrees to provide merit salary advances to employees who achieve an overall "above
average" as of their immediately preceding annual performance evaluation. Employees
shall continue to receive their annual evaluations as outlined in the City's Performance
Evaluation Policy, except that employees shall have a full year to earn an overall "above
average" performance evaluation rating for the purposes of earning merit increases in the
second and third years of this Agreement, and do so with a clear understanding of the
"above average" qualification.
• Following completion of a shift, an employee shall be paid Hold Over Pay, which is
double time for each hour held over in excess of four (4) hours beyond the regular shift.
• The compensatory time off leave bank shall be increased from a maximum of 60 hours to
a maximum of 80 hours.
• For employees who elect Employee -Only, Employee + Spouse and Employee + Children
health benefit tiers, the City agrees to provide the same flat dollar cafeteria contribution
that corresponds with the respective Low Medical HMO, lowest cost Dental DMO, and
lowest cost vision plans combined, or $1,120 per month, whichever is greater.
• All itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that
fall below $150 shall be raised to $150.
• Eligible retired employees may opt not to enroll in the City's medical and/or dental
insurance coverage and instead receive a monthly reimbursement payment equivalent to
the then -current lowest cost City -offered Employee -only medical -HMO and/or dental
HMO insurance premium.
• The grievance presentation and procedure shall provide for an informal remedy to resolve
disputes at the lowest possible level, effectively reducing undue administrative burden,
and to adjust the number of days to respond.
Fiscal Impact
The approximate cost to adopt the 2016-2019 Memorandum of Understanding between the City
and the Teamsters Local 911 for Fiscal Year 2016-2017 is $413,562. The approximate cost for
Fiscal Year 2017-2018 and Fiscal Year 2018-2019 cannot yet be determined as the cost of health
and welfare benefits are variable and unknown.
Page 2 of 3
Attachments
l . Resolution Approving the Memorandum of Understanding by and
between the City of Vernon and Teamsters Local 911
Page 3 of 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF VERNON AND TEAMSTERS LOCAL
911 FOR THE PERIOD OF JULY 1, 2016 THROUGH
JUNE 30, 2019
WHEREAS, the Teamsters Local 911 ("Teamsters") has been
recognized as an employee organization pursuant to Resolution No. 4027;
and
WHEREAS, on October 21, 2014, the City Council of the City of
Vernon adopted Resolution No. 2014-66, approving a Memorandum of
Understanding by and between the City and Teamsters for the period of
July 1, 2014 through June 30, 2016; and
WHEREAS, the City and Teamsters have concluded labor
negotiations regarding wages, benefits and working conditions for the
period of July 1, 2016 through June 30, 2019; and
WHEREAS, representative members of Teamsters and the City have
agreed to execute a Memorandum of Understanding ("MOU") setting forth
certain terms and conditions for employment of City of Vernon employees
in classifications represented by Teamsters, for the period of
July 1, 2016 through June 30, 2019; and
WHEREAS, the City Council desires to approve the MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act ("CEQA") review, because it is an administrative action that will
not result in direct or indirect physical changes in the environment,
and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
approves the Memorandum of Understanding between the City of Vernon and
Teamsters Local 911, in substantially the same form as the copy which
is attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
action is deemed necessary or desirable for the purpose of implementing
and carrying out the purposes of this Resolution and the transactions
herein approved or authorized, including but not limited to, any
nonsubstantive changes to the MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed MOU to Raymond B. Whitmer, Secretary -Treasurer of Teamsters
Local 911.
- 2 -
SECTION 6: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 12th day of July, 2016.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Zajn4li Moussa, Senior Deputy City Attorney
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, , City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, July 12, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of July, 2016, at Vernon, California.
(SEAL)
- 4 -
City Clerk / Deputy City Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
TEAMSTERS LOCAL 911
July 1, 20142016 through June 30, 2 M2019
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TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Preamble............................................................................................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition................................................................................................
7
Section 2:
No Discrimination.......................................................................................
7
Section 3:
No Strikes or Lockouts.................................................................................
7
Section4:
Layoffs.........................................................................................................
7
Section 5:
City /Union Meetings.................................................................................
7
Section 6:
Union Business............................................................................................
7
Section 7:
Management Rights......................................................................................
9
Section 8:
Employee R-ightsContracting Out.................................................................10
Section9:
Employee Rights...........................................................................................11
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause......................................................... 12
Section2: Term..............................................................................................................12
Section 3: Modification and Waiver..............................................................................12
ARTICLE THREE: ORGANIZATIONAL SECURITY
Section 1: Organizational Security.................................................................................13
ARTICLE FOUR: COMPENSATION
Section l: Compe isationSalaries...................................................................................15
Section2: Acting Pay.....................................................................................................15
Section3: Bilingual Pay.................................................................................................16
2
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Section 4: Certification Pay............................................................................................16
Section5: Longevity Pay...............................................................................................19
Section6: Merit Steps...................................................................................................20
Section 7: Premium Pay............................................................................................... 20
Section 8: Training and Recertification Time................................................................21
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization.................................................................................22
Section 2: F.L.S.A. Overtime......................................................................................... 22
Section 3: Compensatory Time...................................................................................... 22
Section 4: Call Backs................................................................................................ 2-325
Section 5: Peliee Dispateh Holdover.............................................................................
Pay 25
ARTICLE SIX: UNIFORMS & SAFETY BAATASHOEFOOTWARE ALLOWANCE
Section l: Uniforms & Safety BeedSheeFootwafeear Allowance ........................... 2425
(Formatted: Left
ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section1: Medical..........................................................................................................25
Section2: Cafeteria Plan.................................................................................................25
Section3: Dental........................................................................................................... 25
Section4: Vision............................................................................................................ 26
Section 5: Life Insurance................................................................................................26
Section 6: Deferred Compensation.................................................................................26
Section 7: Other City Employee Programs.................................................................... 26
ARTICLE EIGHT: RETIREMENT
Section1: P.E.R.S......................................................................................................... 27
3
Section 2: P.E.R.S. Supplemental PlansP.E.R.S. Retirement Benefits ...........................27
Section3: Retiree Medical..............................................................................................27
ARTICLE NINE: HOLIDAYS
Section1: Holidays........................................................................................................ 29
Section2: In -Lieu Holidays............................................................................................29
ARTICLE TEN: VACATION
Section 1: Vacation Leave............................................................................................... 31
Section 2: Vacation Accumulation....................................................................................31
Section 3: Scheduling of Vacation.....................................................................................32
ARTICLE ELEVEN: SICK LEAVE
Section1: Sick Leave=.......................................................................................................33
ARTICLE TWELVE: LEAVE BENEFITS
Section1: Jury Duty......................................................................................................... 34
Section 2: Bereavement Leave...........................................................................................34
ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS
Section1: Provisions......................................................................................................... 36
Section 2: 4/10 Work Schedule..........................................................................................36
Section3: Work Schedule..................................................................................................36
Section4: Standby Policy..................................................................................................36
ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
GrievanceProcedure.................................................................................................................39
ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
DisciplineProcedure.................................................................................................................41
al
ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee........................................................................................45
SIGNATURE PAGE
Signatures................................................................................................................................46
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
TEAMSTERS LOCAL 911 (TEAMSTERS)
PREAMBLE
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into by and
between the City of Vernon (hereinafter referred to as "City") and the California Teamsters, Public,
Professional and Medical Employees Union, Local 911, affiliated with the International
Brotherhood of Teamsters (hereinafter referred to as the "Union'). It is the purpose of this MOU to
promote and provide for harmonious relations, cooperation, and understanding between
Management and the Employees covered by this MOU. This MOU is entered into with reference
to the following facts:
A. Representatives of management for the City of Vernon (hereafter "City") and
representatives of Teamsters Local 911 (hereafter "Union') have met and conferred in good
faith exchanging proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employee -members represented by the Union.
B. The management representatives and the representatives of the Union have reached an
understanding as to recommendations to be made to the City Council for the City of Vernon
and to the membership of the Union.
C. This MOU incorporates, contains, and represents all of the terms and conditions agreed upon
by both parties as of the date this agreement is ratified.
ARTICLE ONE
FUNDAMENTALS
Section 1: Recognition
The City recognizes the California Teamsters, Public, Professional, and Medical Employees Union,
Local 911 ("Union") as the certified majority representative of the employees, comprised of
Addendum A, as the exclusive representative of the employees for purposes of collective bargaining
for all terms and conditions within this Memorandum of Understanding.
Section 2: No Discrimination
The provisions of this Memorandum of Understanding shall be applied equally to all employees
covered hereby. Neither the City nor the Union shall discriminate against any individual or
employee with respect to his/her compensation, terms, condition, or privileges of employment or
because of an individual's race, color, sex, religion, national origin, age, marital status, disability,
pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non-
membership in the Union.
The City and Teamsters agree that the City's policies set forth in the City of Vernon's Personnel
Policies and Procedures Manual and the Administrative Manual shall be applied in a non-
discriminatory manner as prohibited by state and federal anti -discrimination, anti -harassment and
whistleblower laws. Employees shall not be subject to intimidation, retaliation, coercion, or
discrimination for exercising their rights under these policies.
Section 3: No Strikes or Lockouts
During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or
sanctioned by the Union, and no lockouts shall be made by the City.
Section 4: Lavoffs
In accordance with the Meyers-Milias Brown Act, the City and the Union shall meet and confer
on the effect of its actions to layoff. This will occur prior to implementation of layoffs, except in
emergency circumstances wherein the City Council declares a fiscal emergency pursuant to Article
II, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet and confer over the
effect of the exercising of a City right shall not in any way impair the right of the City to exercise
and implement any of its rights to layoff.
Section 5: Citv/Union Meetings
Representatives from the Union and the City shall meet as needed to discuss issues of mutual
concern.
Section 6: Union Business
A. Use of Bulletin Boards
The City shall provide the Union designated bulletin boards where employees will have access
during regular business hours, subject to the following conditions:
1. All Postings for bulletin boards must contain the date of posting and the identification of
the Union, and
2. Union will not post information, which is defamatory, derogatory, or obscene, subject to
the immediate removal of the right to post for a period not to exceed ninety (90) days.
3. The City will provide separate bulletin boards for the exclusive use of the Union at the
following locations:
A. Lunchroom in the City Yard.
B. Communications Center in Police Department.
C. West wing lunchroom on the second floor of City Hall.
D. South wing lunchroom on the second floor of City Hall
E. Lunch room on the third floor of City Hall.
B. Access to Facilities
Except as specifically identified in Section D below, all Union business will be conducted by
employees and Union representatives outside of established work hours.
Nothing herein shall be construed to prevent a Union representative or an employee from contacting
the Human Resources Director or other management representatives regarding personnel related
matters during work hours. The authorized Union Business Agent shall be given access to work
locations during working hours provided that prior to visiting any work location the Union
representative shall:
Obtain authorization for the visit from the Human Resources Director or designee. In the event the
requested time and/or location of such visit by the Union Business Agent is denied because it would
interfere with the operations of the department, the Human Resources Director or designee shall
consult with the Union Business Agent regarding availability and set an alternative time and/or
location for such visit within seventy-two (72) hours of the request.
The Union may schedule meetings in the City facilities at such times these facilities are not in use
by submitting a written request to the Human Resources Director or designee, which shall include
the date, time, and number of people expected. Approval will be granted in the same manner as it
is granted to other organizations.
C. Shop Stewards
The City agrees to recognize up to five (5) Stewards appointed by the Union. One of the five (5)
shall be appointed by the Union as the Chief Steward. The Union shall notify the City in writing
of the names and departments of each Steward and Chief Steward.
D. Union Business
The Chief Steward and Stewards shall be allowed release time during their regular work hours to
conduct Union related business as necessary provided it does not unreasonably interfere with the
Stewards' and/or employees' regular work duties. If a Steward must leave his/her work location to
conduct Union related business, he/she shall first obtain authorization from his/her supervisor to do
so. Authorization to leave will be granted unless such absence would be unreasonable. If such
authorization cannot be granted promptly, the Steward will be informed when time can be made
available. To the extent reasonable and compatible with City operational needs, such time will not
be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the
time of the Steward's request unless otherwise mutually agreed upon. For purposes of this section,
"Union Business" shall include grievance investigations, meetings with management called by
management or the Chief Steward/Steward, investigatory meetings where an employee has
requested a Steward, contract(MOU negotiations, meetings with Human Resources involving
personnel or labor relations matters, council meetings, health insurance committee meetings, and
meetings of any other committees established by the City that involve matters directly pertaining to
the bargaining unit with regard to said committees. Any Steward seeking leave time for Union
business for tasks not listed in this section shall obtain authorization from the Human Resources
Director or designee.
The City agrees to allow all employees of the bargaining unit paid release time to attend a Union
meeting on site at the City up -to twice per year, up to one (1) hour per meeting.
The City agrees to release up to five (5) Stewards per year to attend a one (1) day Union sponsored
Steward seminar located in Southern California. The Union shall provide the City at least ten (10)
calendar days prior written notice of the request to release the Stewards for the seminar. Such
request shall include the date and start/end time of the seminar. City vehicles may be made available
upon request subject to availability and the City's vehicle use policy.
Release time as provided for in any of the above sections shall not result in the City incurring any
overtime.
E. Union Participation in New Employee Orientation
A Teamsters Local 911 representative(s) shall be notified of new employee orientations and shall
be allowed to make a presentation to new hires for the sole purpose of providing employees with
information regarding Teamsters Local 911 during City Hall hours.
Section 7: Management Rights
The City retains all of its exclusive rights and authority under Federal and State Law and the City Formatted: Indent: Left: 0.4"
Code, and expressly and exclusive) retains its management rights, which include, but are not Formatted: Indent: Left: 0.15", Numbered + Level: 1 +
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■A. The exclusive right to determine the mission of its constituent departments, commissions,~ Formatted: Indent: Left: 0.15 Numbered + Level: 1 +
and boards; Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left
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OB. Set standards and levels of service; Formatted: Indent: Left: 0.4"—
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WC. Determine the procedures and standards of selection of employment and promotions; Numbering Style: A, B, c, ... +Start " 1 + Alignment: Left
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RD. Direct its employees; -
ME. Establish and enforce dress and grooming standards as outlined by City Management in•
writin ;
*F_Determine the methods and means to relieve its employees from duty because of lack of -
work or other lawful reasons;
■G. Maintain the efficiency of government operations; -
■H. Determine the methods, means numbers, and kinds of personnel by which government -
operations are to be conducted;
■I_Determine the content and intent of job classifications;
■J. Determine methods of financing;
■K. Determine style and/or types of City issued wearing apparel, equipment, or technology to•
be used;
■L_Determine and/or change facilities, methods, technology, means, organizational structure,
size, and composition of the work by which the City operations are to be conducted;
■M. Determine and change the number of locations and types of operations, processes and -
materials to be used in carrying out all City functions including, but not limited to, the right
to contract for or subcontract any work or operations of the City;
■N. To assign work to and schedule employees in accordance with requirements as determined -
by the City and to establish and change work schedules and assignments upon reasonable
notice;
fO. Establish and modify productivity and performance programs and standards;
IMP. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise -
discipline employees in accordance with applicable laws and with the provisions of this
MOU, including without limitation Article II, Section 6 - Probationary Period and 9 -
Disciplinary Actions;
fGTake all necessary actions to carry out its mission in emergencies; and -
OR. Exercise complete control and discretion over its organization and the technology of -
performing its work.
The Union expressly and speeifieally affOes that exeept to the extent that the, City's rights are
express!), lifnited by the terms of this Agr-eefnent, the Union waives aft), and a4l of ks-r�ts to fneet
and eefifer en any of the Cityrights; ^ded however. that if theThe Union and City agree that
if the City's exercise of these rights impacts wages, hours, or terms and conditions of employment,
10
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+ Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5"
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the City will meet and confer on the effect of its actions. This will occur prior to implementation
except in emergency circumstances as defined in law. The agreement to meet and confer over the
effect of the exercising of a City right shall not in any way impair the right of the City to exercise
and implement any of its rights.
Section 8: Contracting Out
The City and the Union share a common interest in maintaining the stability and the security of the
City's workforce. As such, the City agrees to notify the Union prior to any decision to contract
with an outside party if such contracting out will have a significant, long-term impact on work
performed by employees in classifications represented by the Union. Such notification will be
given before a decision to contract out is made, and the Union will have an opportunity to comment
prior to a determination by City to enter into contracting arrangements. If such contracting out
will result in potential layoff of any unit member(s), the City shall meet and confer over the imp
and effect such contracting out will have on the membership. This provision shall not apply to
contracts already established at the time this MOU is adopted.
Section 9: Employee Rights
The City and Union mutually recognize and agree to fully protect the rights of all employees
covered by this MOU to join and participate in the activities of the Union and corresponding rights
of covered employees to refrain from joining and participating in the activities of the Union. The
City agrees that no employee shall be interfered with, intimidated, restrained coerced or
discriminated against because of the exercise of these rights.
m
ARTICLE TWO
LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM
Section 1: Legal Limitations and Savings Clause
It is understood and agreed that this Memorandum of Understanding (including, but not limited to,
the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted
in implementation thereof are and shall be subject to all present and future applicable federal and
state laws and regulations and shall be effective and implemented only to the extent permitted by
such laws and regulations.
If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in
implementation thereof is in conflict or inconsistent with any such applicable provisions of federal
and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded, and such
applicable laws and regulations and the remainder of this Memorandum of Understanding shall not
be affected thereby and shall remain in full force and effect.
Section 2: Term
(a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full
force and effect from July 1, 20442016, and shall remain in full force and effect up to and
including midnight, the 30th day of June 20 - 2019 or until the next Memorandum of
Understanding becomes effective.
(b) This Memorandum of Understanding shall be binding on the City and the Union when
approved and adopted by the City Council.
The City and the Union agree to submit proposals for any changes related to wages, benefits
and/or other terms of and conditions of employment affecting this Memorandum of Understanding
between February 1, 204H2O19 and March 'z ' 15, 2019.
Section 3: Modification and Waiver
The Union and the City hereby agree that no changes in this MOU regarding the hours or other
conditions of employment of employees in the classification represented by the Union that would
take effect prior to the expiration of the MOU shall occur, unless both parties mutually agree to
such changes.
The City reserves the right to add to, delete from, amend, or modify the Administrative rules, the
City Municipal Code, and the City's Personnel Policies and Procedures Manual during the term of
the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act.
12
ARTICLE THREE
ORGANIZATIONAL SECURITY
Upon the voluntary written authorization of bargaining unit employees, the City shall deduct and
remit to the Union the Union's initiation fee and periodic dues for members of the Union.
Any unit member who is not a member of the Union, or who does not makesubmit an application
for membership within thirty (30) days following the effective date of this paragraph, or, for those
hired after the effective date of this paragraph, within thirty (30) days from the commencement of
duties, shall become a member of the Union or, if approved by the Union membership as governed
by the Meyers-Milias Brown Act, pay to the unienUnion a fee in an amount equal to the Union's
periodic dues: provided, however, that the unit member may authorize payroll deductions for such
fee in the same manner as provided in the paragraph above.
Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in writing
by the Union as a person authorized to receive such funds, at the address specified. Dues and/or
fees shall be deducted from the first and second paycheck of each month and remitted to the Union
by the last business day of the month.
The parties agree that the obligations herein are a condition of continued employment for unit
members. The parties further agree that the failure of any unit -member to remain a member in good
standing of the Union or to pay the equivalent of Union dues during the term of this agreement shall
constitute, generally, just and reasonable cause for termination.
The City shall not be obligated to put into effect any new, changed or discontinued deduction until
a pay period commences fifteen (15) working days or more after such submission.
No unit member shall be required to join the Union or to make an agency fee payment if the unit
member is an actual verified member of a bona fide religion, body, or sect which has historically
held conscientious objections to joining or financially supporting employee organizations; this
exemption shall not be granted unless and until such unit member has verified the specific
circumstances. Such employee must, instead, arrange with the Union to satisfy his/her obligation
by donating the equivalent amount to one of the following non religion charitable fund, tax exempt
under section 501(c)(3) of the Internal Revenue Code, chosen by the employee:
• United Way
• City of Hope
• Los Angeles Regional Food Bank
Whenever a unit member shall be delinquent in the payment of dues or fees, the Union shall give
the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said
notice shall be forwarded to the Human Resources Department.. In the event the unit member fails
to cure said delinquency, the Union shall request, in writing, that the City initiate termination
proceedings. The termination proceedings shall be governed by applicable state laws and are
specifically excluded from the Grievance/Appeal/Arbitration procedures.
The City shall not deduct money specifically earmarked for a PAC or other political activities unless
13
such deduction is affirmatively, separately and specifically authorized in writing by the unit
member.
The Union shall keep an adequate itemized record of its financial transactions and shall make
available annually to the City and, upon request, to the employees who are members of the unit,
within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form
of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer
or principal officer, or by a certified public accountant. A copy of financial reports required under
the Labor -Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy
this requirement.
The Union will defend, indemnify and hold harmless the City of Vernon from any loss, claim,
liability or cause of action arising out of the operation of this article. Upon commencement of any
such legal action, the Union shall have the right to decide and determine litigation, settlement,
and/or appeal strategy. Any such decision on the part of the Union shall not compromise or
diminish the Union's indemnification obligations under this agreement.
The City, immediately upon receipt of notice of such legal action shall inform the Union of such
actions, provide the Union with all information, documents, and assistance necessary for the Union's
defense or settlement of such action and fully cooperate with the Union in providing all necessary
witnesses, experts and assistance necessary for such defense.
The Union, upon compromise or settlement of such action, shall immediately pay the parties to such
action all sums due under such settlement of compromise. The Union, upon final order and
judgment of a court or administrative body of competent jurisdiction awarding damages to any
prevailing party, shall pay to such party all sums owing under such order and judgment.
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spacing: Multiple 0.96 li, Tab stops:-0.83", Left + -0.5",
Left + 0", Left + 0.38", Left + 1.13", Left + 1.88", Left +
2.38", Left + 2.75", Left + 3", Left + 3.25", Left + 3.75",
Left
14
ARTICLE FOUR
COMPENSATION
Section 1: Salaries
A. Effective nine 192014, (the beof the ^ period : ^hWif gJul 10, 2016,
, beginningy
each employee represented in the Union shall be placed within the proposed grade and step
pay plan as a result of the City wide classification and compensation study based upon the
75'h percentile, at the grade and step that is closest to but not less than his/her current base
salary.
B. If the parties are unable to finalize all compensation and classification studies by July 1 2016
the parties agree to finalize the studies no later than January 1 2017 and those employees
who are entitled to a change in their compensation shall have such change retroactively
implemented to July 10 2016. The parties further agree that if they are unable to reach
agreement regarding the classification and compensation studies those disputes shall be
submitted to the City Administrator for final determination Any retroactive implementation
of the compensation and classification study shall not impact an employees' receipt of the
salary adjustment in Section (C) below.
R.-C. Employees whowhose salaries are above the maximum recommended grade and step plan
shall be Y-rated and their respective salaries frozen au^^^ the term of this for the
time period during which their salaries exceed their maximum grade and step It is
understood by the parties that y-rated employees' salaries may come out ofy rating upon the
implementation of the salary adjustments provided in Sections (E) (F) (G) and (H) below.
ED. E'meYees withstanding Section (B) em l�oyees in the Senior Environmental Specialist
classification since July 1, 2014 or earlier shall be grandfathered into the classification's
previously applied salary schedule. All merit increases due to each Senior Environmental
Specialist shall be based on the grandfathered -salary schedule. Employees in the Senior
Environmental Specialists classification since July 1, 2014 or earlier shall not be eligible for
the two (2) eest of liviijg i1jefeasesthree (3) salary adjustments set forth in subsection (13})n
F� and (E})9) below.
D-.E. Eve Notwithstanding Section (B) effective July 10 2016 (the beginiii+gfirst day of the
first full pay period .neluding anuar- ' 2445,in Fiscal Year 2016-2017) employees
represented in the Union (excluding Y-rated employees, subject to the eNeeptieft set f h iff
subsms (F44,, and employees in the Senior Environmental Specialist classification since
July 1, 2014 or earlier) shall receive a '.G% ea • of jki^,two percent (2.0%) salary
adjustment increase.
£.F. Effeetive-Notwithstanding Section (B), effective July 9 2017 (the heginni++gfirst day of the
first full pay period including —July ,in Fiscal Year 2017-2018) employees
represented in the Union (excluding Y-rated employees, subje44e- and employees in the
cer.'.c t ferth in ,ubsee«on „Senior Environmental Specialist classification since
July 1, 2014 or earlier) shall receive a ', % eost of liv tgtwo percent (2.0%) salary
15
adiustment increase.
G. AsNotwithstanding Section (B), effective July 8, 2018 (the first day of My 1-10-44,the first Formwtted
full pay period in Fiscal Year 2018-2019), employees whe arerepresented in the Union
(excluding Y-rated at base .lar-ies no, less above them-aKiffitiM o Rdea
gradeemployees and step--ph-memployees in the Senior Environmental Specialist
classification since July 1, 2014 or earlier) shall be eligible to receive the eesta two percent
(2.0%) salary adjustment increase.
F H. The Citv agrees that if other bargaining units, or unrepresented employees in the
management or confidential classifications, receive a salary adjustment increase_of liviffg
o, aarth : ..seed.., (D)more than two percent (2%) annually during the term
of this Agreement, it shall provide the same salary adjustment to employeespresented by
the Union. The City further agrees that if it provides saIM adadjustments for any y-rated
employee as part of any negotiated agreement with any other bargaining unit or for any
unrepresented employees in the management and (E) above. confidential classifications, the
Citv shall provide the same salary adiustment to v-rated employees represented by the
Union.
Section 2: Actin¢ Pay
Employees assigned for six weeks or more to a higher position in an acting status during the
absence of an incumbent, or to fill a vacancy until the vacancy can be filled by appointment, shall
be eligible for Acting Pay. If all the conditions listed in Personnel Policy 1-4, Acting/Interim
Appointments have been satisfied the employee shall be compensated at either the beginning step
of the higher classification, or 5% higher than he/she normally receives, whichever is greater,
during the period of time that the employee is assigned to the higher position.
The employee must serve a minimum of 80 consecutive hours in the higher classification to be
compensated at the higher rate. This compensation shall be retroactive to the first hour of the
acting/interim appointment. Claims for acting/interim pay will not be honored beyond six months
from the end of the acting/interim appointment. Please refer to Personnel Policy and Procedures I-
4 Acting/Interim Appointments for specific details.
Section 3: Bilingual Pay
An employee ffla . be eligible teshall be compensated for bilingual pay if his/her regular job duties
as described in hisAio . job dese ..6e provide for interaction with the public on a regular basis.
Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in
Spanish may also be tested if necessary). Proficiency would be determined by successful
completion of a proficiency test administered by an agency or vendor approved by the Human
Resources Department. Those employees who successfully demonstrate this skill would be eligible
to receive an additional $125.00 per month for bilingual pay.
B
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stops:-0.83", Left + 0", Left + 0.5", Left + 1.13", Left +
1.88", Left + 2.75", Left + 3", Left + 3.25", Left + 3.75",
Left + Not at -1" + 0.31" + 0.63" + 1.01" + 1.35" +
1.69" + 2.03" + 2.7" + 3.04" + 3.38" + 3.71" + 4.05" +
4.38" + 4.69" + 5" + 5.31" + 5.63" + 5.94" + 6.25" +
6.56" + 6.88" + 7.19" + 7.5" + 7.81" + 8.13" + 8.44" +
8.75" + 9.06" + 9.38" + 9.69" + 10" + 10.5" + 11" +
11.5" + 12" + 12.5" + 13"
Employees receiving bi-lingual pay as of July 1, 2014 shall be grandfathered into the City's
previous policy.
Section 4: Certification
EffeetivePa-YEffective July 1, 241-52016, an employee shall be eligible, on a first eame first sefve
1asis_, to receive certificate pay in the amount of 2.5% of the employee's base rate of pay for
possession of a maximum of one (1) of the below certificates within his/her respective
classification.
during the .err of this eentra Employees shall be required to annually submit eligibility
documentation upon request by the Human Resources Department. The Human Resource
Department shall confirm that eligible certifications are not required as part his/her respective
classification. Employees who have received the certification pay during the term of the prior
Agreement shall continue to be eligible to receive the certification pay during the term of this
Agreement.
CLASSIFICATION
CERTIFICATE PAY
As designated by the City Administrator
Notary Public - Employees designated by the
City Administrator to perform notary public
services on behalf of the City
Electrical Inspector
ICC — Building Inspector and Safety
Assessment Program (SAP) Evaluator (Both
certificates required)
ICC — Plumbing Inspector UPC
ICC — Mechanical Inspector UMC
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Electrical Engineer
Associate Engineer
Professional Engineer (Traffic, Geotechnical)
— Only one Traffic, Geotechnical and Land
Surveyor certificate required for the entire
en i neert ng series
Professional Land Surveyor
Engineering Aid
Certified Landscape Auditor (Water position
only)
Backflow Tester Certificate (Water position
only)
Facilities Maintenance Worker, Lead
Class B Commercial Driver's License
Public Works Degree/Certificate
Facilities Maintenance Worker, Senior
Class B Commercial Driver's License
17
Formatted Table
Public Works Degree/Certificate
Mechanic. Lead
Class B Commercial Driver's License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Mechanic. Senior
Class B Commercial Driver's License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Mechanic
Class B Commercial Driver's License
Welding Certification (Only one welder
certification required in the mechanic
classification series)
Senior Building Ins ector
ICC — Electrical Inspector
ICC- Plumbing Inspector UPC
ICC —Mechanical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Engineer (Civil, Structural, or
Geotechnical)
Plumbing and Mechanical Inspector
ICC —Building Inspector and Safety
Assessment Program (SAP) Evaluator Both
certificates required
ICC — Electrical Inspector
Certified Access Specialist - CASP (Only 2
employees eligible in the inspector
classification series)
Professional Mechanical Engineer
Project Engineer
Professional Engineer (Traffic, Geotechnical)
Professional Land Surveyor — (Only one
employee with a traffic, geotechnical or land
survey license required in the engineering
series).
Street Maintenance Worker Senior
Class B Commercial Driver's License
Public Works Degree/Certificate
Pesticide Applicator Certification (Up to two
employees rotated annually)
Street Maintenance Worker
Class B Commercial Driver's License
18
Pesticide Applicator Certification (Up to two
employees rotated annually)
Lead Water & Street Maintenance Worker
Class B Commercial Driver's License
Pesticide Applicator Certification (Up to two
employees rotated annually)
Public Works Degree/Certificate
Water Maintenance Worker, Senior
Class B Commercial Driver's License
Water Maintenance Worker
Class B Commercial Driver's License
Fire Code Inspector
ICC — Building Inspector
ICC — Fire Plans Examiner
Environmental Specialist, Senior
CA DPH Inspector/Assessor (Lead) (One
employee only in the Environmental
classification series)
Vector Control Technician
Certified Professional Storm Water Quality,
Qualified SWPP Developer or Qualified
SWPPP (Non -cumulative. Only one
certificate pay for one of the certifications
within the series)
Practitioner Solid Waste Assoc. of North
American (Only two employees eligible in the
Environmental Specialist classification series)
National Registry of Environmental
Professional
Environmental Specialist
CA DPH Inspector/Assessor (Lead) (One
employee only in the Environmental
classification series)
Vector Control Technician
AWWA — Backflow Tester
AWWA — Cross Connection Specialist
Solid Waste Association of North American
Certification
National Registry of Environmental
Professional
Police Dispatcher
Advanced Public Safety Dispatcher
Intermediate POST Certificate
Training Officer Certificate
Police Dispatcher, Lead
Advanced Public Safety Dispatcher
Intermediate POST Certificate
19
Training Officer Certificate
Section 5: Longevity Pay
A. Employees Hired on or Before June 30, 1994
Five (5)Years of Service
All eligible employees who have five (5) years of consecutive uninterrupted
service on or before July 1, 1986, shall receive an additional five percent (5%)per month of
their base salary effective July 1, 1986, and every year thereafter until reaching the next step.
Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said
five percent (5%)per month upon said anniversary date.
Ten (10)Years of Service
All eligible employees who have ten (10)years of consecutive uninterrupted
service on or before July 1, 1987, shall receive an additional ten percent (10%)per month of
their base salary effective July 1, 1987, and every year thereafter until reaching the next step.
Employees upon reaching their loth anniversary date after July 1, 1987, shall be entitled to
said ten percent (10%)per month upon said anniversary date.
Fifteen (15)Years of Service
All eligible employees who have fifteen (15)years of consecutive uninterrupted
service on or before July 1, 1988, shall receive an additional fifteen percent (15%)per month
of their base salary effective July 1, 1988, and every year thereafter until reaching the next
step. Employees upon reaching their 15th anniversary date after July 1, 1988,
shall be entitled to said fifteen percent (15%)per month upon said anniversary date.
Twenty (20)Years of Service
All eligible employees who have twenty (20)years of consecutive uninterrupted
service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month
of their base salary effective July 1, 1989, and every year thereafter.Employees upon reaching
their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%)
per month upon said anniversary
date.
B. Employees Employed On or After July 1, 1994 and on or before December 31 2013.
Five (5)Years of Service
20
All eligible employees who are employed on or after July 1, 1994 and on or
before December 31, 2013, who attain five (5)years of consecutive uninterrupted service shall
receive an additional five percent (5%) per month of their base salary. Such employees upon
reaching their 5th anniversary date shall be entitled to receive said five percent (5%)per month
upon said anniversary date.Further, such employees will not be entitled to receive any additional
percentage increase to their base salary for further service. This subsection shall only
apply to employees hired on or after July 1, 1994 and on or before December 31, 2013. .
The discontinuation of the longevity benefit outlined in this subsection for
employees hire after December 31, 2013, shall -be contingent when the City successfully reaches
agreement on the same proposal as presented with all other represented and unrepresented
employees working in the City.
Section 6: Merit Steps
A.
Department Head and in aeeerdanee with the City's Performance EValHatiOFI Poliff,
have attained one year ofsatisfaetery sefviee as aftheif elassifieation anniversafy date
will he eligible to receive a 5% merit step iaerease. The 5 Fner:tiflefease shall not
exeeed the fnaycimum salary ef step of the pay gfade. v„Fnerit inefeasesid
grade shall femainat the ele disefetion of the City Co Effective July 10, 2016,
employees who are not at the top step of their Classification Compensation Plan shall move
to the next step on the Plan, if the employee achieved a "satisfactory" performance
evaluation or better as of their immediately preceding annual performance evaluation.
During the second and third years of this Agreement only, the City agrees to provide merit
salary advances to employees who achieve an overall "above average" as of their
immediately preceding annual performance evaluation (s). Employees shall continue to
receive their annual evaluations as outlined in the City's Performance Evaluation Policy,
except that employees shall have a full year to earn an overall "above average" performance
evaluation rating for the purposes of earning merit increases in the second and third years
of this Agreement, and do so with a clear understanding of the "above average"
qualification. Employees may receive more than one merit salary advance during the term
of this Agreement.
B. The merit salary advances earned during the fiscal year 16-17 shall go into effect on July 9,
2017. The merit salary advances earned during the fiscal year 17-18 shall go into effect on
July 8, 2018. The parties agree to reopen negotiations regarding this Section B, at the City's
option, based on the City's financial position to afford the merit salary advances.
C. During the second and third year of this Agreement only, an employee may file an appeal
to the City Administrator regarding an annual performance evaluation that does not rate
them as "above average" and therefore makes them ineligible for a merit salary advance
under Section (A) above. The City Administrator, or his or her designee, shall consider
such an appeal within thirty calendar days of receipt of the written appeal. The City
Administrator's designee, if one is appointed, shall not be in the employee's direct chain of
command. The decision of the City Administrator, or his or her designee, shall be final and
binding.
21
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D. During the second and third year of this Agreement, an employee who does not receive an
annual performance evaluation within twelve work days of their classification anniversary
date shall be deemed to have received a "satisfactory" evaluation, and shall not be denied
movement to the next merit salary advance as prescribed in this Section, due to his or her
supervisor's untimely annual evaluation.
E. The effective date of these merit salary advances shall not alter the employee's actual
classification anniversary date.
Section 7: Premium Pay
After approval by the City Administrator and Director of Human Resources, premium pay as
defined below shall be assigned to persons found to possess on a regular or temporary assignment
such additional duties and responsibilities or whose positions entail certain hazards as to warrant
this salary step over the base class.
5% Premium Pay - A temporary 5% increase in pay shall be given to employees
during periods when they assume some of the duties of higher -level job classes
for a period of two weeks or more. Upgrade pay does not apply for short term
absences or vacation coverage.
2. 10% Premium Pay — A temporary 10% increase in pay shall be given to
employees when in the judgment of the Department Head and concurrence with
the City Administrator they assume significantly more complex additional duties
and responsibilities not normally found in their class for a period of two weeks
or more. Upgrade pay does not apply for short term absences or vacation
coverage.
3. 5% Dispatcher Training Pay —A temporary 5% increase in pay shall be given to
Police Dispatchers when they are designated by the Police Chief or designee to
train newly hired employees in the Police Dispatch Center.
Please refer to Personnel Policy and Procedures 1I-3 Salary Plan Administration for specific details.
Section 8: Trainine and Recertification Time
Training and/or recertification time that is required by the employee's then current job description
on file with the Human Resources Department or approved in advance by the Department Head is
compensable.
22
ARTICLE FIVE
OVERTIME
Section 1: Overtime Authorization
All overtime requests must have prior written authorization of the respective -supervisor prior to
the commencement of such overtime work. Where prior written authorization is not feasible,
explicit verbal authorization must be obtained. Where verbal authorization is obtained, written
authorization must be obtained as soon thereafter as practicable.
Section 2: F.L.S.A. Overtime
Employees will be paid overtime at time and a half (1.5) for all eligible hours worked in excess of
forty (40) hours in a single workweek.
Holidays (regular, in -lieu, and floating), vacation time, compensatory time, paid jury duty leave,
sick leave, and bereavement leave shall count as time worked for the purposes of computing
overtime. Union leave, unpaid jury leave, disciplinary suspensions, and administrative leave shall
not count as time worked for the purpose of computing overtime.
Section 3: Compensatory Time
In lieu of cash payment, an employee may request compensatory time for overtime worked. Accrual
of compensatory time shall be limited at any point in time to a maximum of sixty (Weighty 80)
normal working hours. Compensatory time shall be calculated by multiplying the number of
overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate.
A. Overtime shall be compensated as mutually agreed upon in advance by employee and
employer.
B. Scheduling of compensatory time requires prior management approval and must be
preceded by a ten (10) day notice of intended use from the employee. Management may
waive the ten (10) day notice in cases of emergency. Compensatory time off may be taken
only in 15 minute increments. The ten (10) day notice requirement shall not apply to
attendance at funerals; the employee will notify management as soon as the need to be
absent for a funeral is known.
Formatted. List Paragraph, Left, Space Before: 0.3 pt, Line
C.-Upon promotion to an FTSA exempt classification, all compensatory time off shallspacing: Exactly 13.45 pt, Numbered + Level: 1 +
be cashed out prior to promotion at the employee's current regular rate of pay in the non- Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left
+ Aligned at: 0.25" + Indent at: 0.5", Tab stops: 1", Left +
exempt classification. Not at -0.83" + -0.5' + 0" + 0.56" + 1.13" + 1.88" +
2.38" + 2.75" + 3" + 3.25" + 3.75"
23
D. Section 4: Call Backs Formatted: Font: Bold, Underline
24
Seetien 41 Oall�
Emergency call back duty occurs when an employee is requested to report to duty on a non -regularly
scheduled work shift. Emergency call back policy is applicable when an employee is requested to
return to work, after the employee's workday is completed and/or prior to when the employee is
scheduled to begin his/her shift. Emergency call back does not occur when an employee is held
over from his/her prior shift or is working planned overtime.
An employee Called Back to duty shall be credited with a minimum of four (4) hours of work at
the applicable overtime rate. Any hours worked in excess of four (4) hours shall be credited for
actual time worked at the applicable overtime rate.
If the employee is Called Back to duty, his/her work time shall be credited commencing when the
employee reports to work and shall conclude when the employee leaves work.
Section 5: Hold Over Pay
^�An employee following completion of a shift shall be paid double time for each hour
held over in excess of four (4) hours beyond the regular shift, regardless of the number of regular
hours worked in the pay period•••,.eFkvi�elr. For purposes of this section only, Hold Over Pay is
applicable when an employee is required to work beyond a regular work shift whether planned
and/or unplanned.
25
ARTICLE SIX
UNIFORMS & SAFETY ROATNHOEFOOT WEAR ALLOWANCE
If an employee's job classification requires him/her to wear a uniform while on duty, as
designated by the City or employee's Department, the City will provide and launder such
uniform.
For employees that work in the Police Department, the City will provide the initial set of uniforms
to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class
B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates
for Police Department employees, the City will provide an annual uniform purchase and
maintenance allowance of $600.00. The employee's uniforms shall meet the applicable regulations
for his/her job classification pursuant to City/Departmental policies.
Employees that work in the Fire Department and who are required to wear a uniform while on duty
shall receive the uniform allowance identified in the then current Vernon Firemen's Association
Memorandum of Understanding.
The City will provide a safety beet/sheefoot wear allowance of $200.00 payable in the first pay
period in July of each year for those employees required to wear safety boots/shoes. The boots/shoes
purchased must be appropriate to the employee's job classification and must meet applicable CAL-
OHSA regulations and City/Departmental policies.
Employees receiving the beet/sheefoot—wear allowance are required to wear the prescribed
boots/shoes at all time while on duty. Boots/shoes must be kept in a well -maintained condition to
ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate
to the job classification in conformance with applicable CAL-OHSA regulations and
City/Departmental policies.
26
ARTICLE SEVEN
HEALTH AND WELFARE BENEFITS
Section 1: Medical
The City offers various medical plans to employees. The City reserves the right to select,
administer, or fund any fringe benefit programs involving insurance that now exist or may exist in
the future.
The City shall meet with the Union prior to any change of insurance carrier or method funding
coverage for any fringe benefits listed in this article.
Section 2: Cafeteria Plan
The City and Union agree to a section 125 cafeteria plan (non -cash out), for this bargaining unit
effective JaffueffJuly 1, 2452016. The City will adhere to the cafeteria plan requirements in
accordance with IRS Section 125 regulations. The City shall provide to each employee in this
bargaining unit a monthly allowance toward the cost of his/her medical plan as outlined in
Subsection A, and 8C below. In the event an employee does not exhaust nor exceed his/her
monthly medical allowance, the employee shall be allowed to apply any unused portion towards
the purchase of dental, vision, supplemental or ancillary plans offered through the City and
approved by the Director of Human Resources. Formatted: Not expanded by / Condensed by
A ovide a contribution equal
to the total premium costs of Employee -Only, Employee + Spouse, Employee + Child(ren),
or Employee + Family lowest -cost HMO, lowest -cost Dental DMO, and lowest cost vision
plan that corresponds with the employees' benefit selection. Employees who elect a health
plan whose premium cost is higher than the Low HMO medical, dental and vision, will be
responsible for any applicable excess premium costs. However, if an employee opts out of
dental and/or vision coverage, then they use these allotments for those respective
coverages to pay towards the excess medical premiums. The City understands that the
allotment amounts will vary based on the premium costs that go into effect on January 1 of
each calendar year of the term of this Agreement.
B. During the term of this Agreement, Employees will be allowed to opt in to the Employee +
Family plan during any pen enrollment period or upon a qualifying event as prescribed and
defined by the City's insurance provider.
27
W.C. For Employees electing Employee -Only, Employee + Spouse or Employee + Child(ren)
plans, the maximum contribution by the City shall be either the amount set forth in Section
A or $1120, whichever is greater. For employees enrolled in the PPO/HSA plan, the City
shall pay up to QQ''�100% of the monthly cost of the plan for employees and
eligible dependents, not to exceed $870 per month. In addition, for each employee enrolled
in a PPO/HSA plan, annually the City shall make lump sum contributions to a health savings
account (HSA) as follows: $1,500 in January, and $500 each in March, June and September.
The cost of any PPO/HSA plan selected by the employee that exceeds $870 shall be paid by
the employee through a pre-tax payroll deduction. The City understands that the allotment
amounts will vary based on the premium costs that go into effect on January 1 of each
calendar ,year of the term of this Agreement.
Section 3: Dental:
The City of Vernon provides a dental insurance plan to employees. In the event an employee does
not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply
any unused portion toward the purchase of dental insurance for himself/herself and eligible
dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer
medical allowance shall be paid by the employee through a pre-tax payroll deduction.
Section 4: Vision
The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost
of such a plan for employees only. Employees shall have the option of rehasi vision ea e fe
Y" `b
their dependents eest of $6 95 for ene dependent dent o. $12 95 for two o, mare dd
-r=-- ---.-- __ - _re �.Y��sand
eligible dependents, as designated by their election of medical coverage. In the event an employee
does not exceed their monthly employer medical allowance, the employee shall be allowed to
apply any unused portion towards the purchase of additional provided coverage for vision care.
The City grees that all itemized benefit amounts specified in the City of Vernon Vision Plan
(CVVP) that fall below $150 shall be raised to $150.
Section 5: Life Insurance
Formatted: Justified, Tab stops: Not at t"
The City provides a $20,000 life insurance plan to employees. The City shall pay 100% of the cost
of such plan for employees. The City's agreement to pay full or partial costs of said premiums shall
not create or ripen into a vested right for said employee. In the event an employee does not exceed
his/her monthly employer medical allowance, the employee shall be allowed to apply any unused
portion towards the purchase of additional provided coverage for supplemental life insurance.
Section 6: Deferred Compensation
Employees are eligible to participate in the City's Deferred Compensation Program.
28
Section 7: Other City Employee Prourams
Employees are eligible to participate in all City sponsored programs adopted by City Council
Resolutions that are intended to benefit all employees in the areas of, but not limited to the
following:
• Computer loan purchase plan
• Corrective eye surgery plan
• Flexible Spending Plan
• Hearing aid devise plan
• Tuition reimbursement plan
• Employee Assistance Program (EAP)
29
ARTICLE EIGHT
RETIREMENT
Section 1: Public Employee Retirement System ("PERS")
The City shall maintain its contract with the California Employees Public Retirement System
(PERS) that provides employees with 2.7% at 55 PERS retirement benefit plan.
As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new
Ca1PERS members hired on or after January 1, 2013 who meets the definition of new member
under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan.
Employees shall be responsible for paying their employee's contribution to PERS.
The City and Union agree to a reopener to discuss the impacts and effects if the laws concerning
PERS are amended during the term of this contract.
Section 2: Supplemental PERS Retirement Benefits
The City agrees to provide additional supplemental retirement benefits to employees under PERS as
follows:
• Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation
• New employees hired on or after January 1, 2013 who meet the definition of new member
under PEPRA shall receive 3 Year Average Final Compensation
• Gov't Code Section: 21024 - Military Service Credit as Public Service
• Gov't Code Section: 21548 — Pre -Retirement Option 2W Death Benefit
• Gov't Code Section: 21573 — Third Level of 1959 Survivor Benefits
Section 3: Retiree Medical
A. The City will pay up to the amount equivalent to the then current, lowest cost, employee
only HMO insurance premium for the City's medical and/or dental insurance premium(s)
for all full-time regular employees who retire at age 60 or later with at least twenty (20)
years of continuous uninterrupted service. Retired employees will be permitted to enroll
in a higher -cost plan and pay the amount in excess of the HMO equivalent.
30
B. All full-time regular employees with at least thirty (30)years of continuous uninterrupted
service who retire before the age of sixty (60) years will be permitted to pay their medical
and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will
pay up to the amount equivalent to the then current lowest cost, employee only HMO
medical and/or dental insurance premium(s).
C.
All full-time regular employees, who retire_ with z�minimurrLof ter (l0) years of continuous
Raised by / Lowered by
uninterrupted service with the City may, pay thq premium(s), for, medical and/or de*tal
Z���Raisedby /Lowered by
insurance.
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D.
N'
iL
All retiree medical and/or dental insurance benefits to subsections A, B, abd
Formatted: Not Expanded by / Condensed by , Not Raised
by / Lowered by
provided pursuant
C above, shall be for retired employees only and shall not include their spouses or otM[ r
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dependents. ;;"
by / Lowered by
01
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E.
All retired employees who receive medical and/or dental insurance benefits pursuant ;�o
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subsections A, B, or C above and who reach the age of sixty-five (65), are required to Pe
by / Lowered by
enrolled in Medicare, and shall show proof of such enrollment, where upon the CityrS
Formatted: Not Raised by / Lowered by
insurance policy will become supplemental coverage, if applicable. .:
Formatted: Not Expanded by / Condensed by , Not Raised
r
r+"
by / Lowered by
F.
The City's obligation to make any payment under the retiree medical benefits program shZ
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automatically terminate and cease upon the death of the retired employee. r
Formatted: Not Expanded by / Condensed by , Not Raised
a,
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G.
The offer of the retiree medical benefits is not a vested right for future years. ;,
Formatted: Not Raised by / Lowered by
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a
Eligible retired employees may opt not to enroll in the City's medical and/or dental insurance
by / Lowered by
coverage and instead receive a monthly reimbursement payment equivalent to the then -
Formatted: Not Raised by / Lowered by
current lowest cost City -offered Employee -only medical -HMO and/or dental HMO insuraricc ;",
Formatted: Not Expanded by /Condensed by ,Not Raised
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premium. An eligible retired employee who chooses this option and later has no I
^ Formatted: Character scale: 100%, Not Raised by / Lowered
reimbursable expenses is still eligible to receive the reimbursement at a later time when he or'
by
she does have qualifying reimbursable expenses. Once an employee who has opted out
Formatted: Not Expanded by / Condensed by
reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then-
Formatted: Not Expanded by / Condensed by
current cost of supplemental coverage. Once a retired employee opts not to enroll in the
City's medical and/or dental insurance, he or she will not be allowed to re -enroll in the City's
Formatted: Not Expanded by / Condensed by
health plans.
![Formatted: Not Expanded by / Condensed by
"(Formatted: Not Expanded by / Condensed by
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Formatted: Character scale: 100%
Formatted: Justified
31
ARTICLE NINE
HOLIDAYS
Section 1: Holidays
A. All full-time employees, excluding employees assigned to a 24/7 operation, shall be provided
with the following holidays with pay based on the number of hours constituting a regular
working day, subject to the provisions below.
1. January Is' - New Year's Day
2. The 3,d Monday in January — Martin Luther King, Jr. Day
3. The 31d Monday in February — Presidents Day
4. March 31s' — Cesar Chavez Day
5. The last Monday in May — Memorial Day
6. July 41h — Independence Day
7. The first Monday in September — Labor Day
8. The second Monday in October — Columbus Day
9. November 111h — Veterans Day
10. The 41h Thursday in November — Thanksgiving Day
11. December 241h — Christmas Eve
12. December 25th — Christmas Day
13. December 3Is' — New Year's Eve
14. Such other days as may be designated as holidays by the City Council of the
City of Vernon (employees assigned to a 24/7 operation shall receive an
equivalent number of in -lieu hours)
B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the
holiday. Holidays falling on a Friday or Saturday, shall not be granted as a holiday to
employees.
C. Temporary, and part-time employees are not eligible for paid holidays
D. An employee whose regular shift assignment falls on a scheduled holiday and who is required
to work on that day shall be paid at his/her regular -rate of pay for the holiday, plus overtime
pay for his/her regular hours worked (excluding employees assigned to a 24/7 operation).
E. Employees assigned to a 24/7 operation shall not be eligible for holiday pay, but shall instead
receive In -Lieu Holiday hours equivalent to the applicable calendar year holiday schedule for
rest of the Teamsters' members, subject to the provisions below.
Section 2: In -Lieu Holiday Time
A. An employee regularly assigned to a 24/7 operation whose duties are such that they do not
receive the benefits of regular legal holidays, -shall be granted In -Lieu Holiday hours
equivalent to the applicable calendar year holiday schedule for rest of the Teamsters'
32
members effective January I" of each calendar year.
B. Such In -Lieu Holiday time shall only be granted so long as said employee is on the active
payroll of the Department.
C. In -Lieu Holidays must be taken prior to December 3111. Holidays may be taken as days off
at the employee's discretion, subject to the approval of the Department Head or designee.
D. It shall be the responsibility of the employee to make a record of a good faith effort to
utilize all In -Lieu holiday time within the applicable calendar year. If such effort is
demonstrated, in or about January of each year, the employee shall be paid for said In -Lieu
Holidays not taken within the preceding calendar year. Compensation for unused In -Lieu
holidays shall be calculated using the employee's regular rate of pay, including all
compensation computed in accordance with the applicable base rate, as of December 31It
of the applicable calendar year.
E.
F_.. An employee who resigns, retires, transfers out of a 24/7 operation or is terminated shall
be compensated on a prorated basis for In -Lieu holiday time not yet taken. Proration shall
be determined by the number of holidays that occurred in the calendar year prior to the
resignation, retirement, transfer, or termination.
33
ARTICLE TEN
VACATION
Section 1: Vacation Leave
All full-time employees shall accrue vacation according to the following schedule:
4/10 Schedule:
Continuous Years of Service
Vacation Hours Earned
Bi-Weekly Accrual
1 s' year thru 41h year
80
3.08
5`h year thru 9`1 year
100
3.85
10`h year thru 14th year
120
4.62
15th year thru 24th year
160
6.16
25th year and more
190
7.31
24/7 Operation:
1" year thru 41h year
96
3.69
5`h year thru 91h year
120
4.61
10th year thru 14th year
144
5.53
15'h year thru 24th year
192
7.38
25th year and more
228
8.76
If the City agrees to increase the vacation accrual for other employee groups (outside of the
Teamsters' Union), excluding executives, who have worked for the City for 25 years or more, the
City agrees to a re -opener at the Union's request to discuss the differing vacation policy(ies).
Section 2: Vacation Accumulation
A. No vacation leave shall be carried over into the next calendar year that exceeds the
maximum number of hours the employee was eligible to accrue during the immediately
preceding year. In or about January of each year, employees shall be compensated for
unused accrued vacation benefit in excess of the allowed accumulated amount referenced
above. Compensation for unused vacation in excess of the allowed accumulated maximum
shall be calculated using the employee's regular rate of pay, including all compensation
computed in accordance with the applicable base rate, as of December 3111 of the applicable
calendar year.
B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of
absence or unpaid non -work related disability leave.
C. In the event one or more City holidays fall within a vacation period, such holidays shall not
be charged as vacation leave. (Except for employees assigned to a 24/7 Operation)
D. Upon separation from City employment, compensation shall be paid for vacation leave
which has been earned but not taken at the employee's regular rate of pay, including all
34
compensation computed in accordance with the applicable base rate, at time of separation.
Section 3: Scheduling of Vacation
A. Vacation leave shall be scheduled with the approval of the Department Director or his or her
designee by submitting a Leave Request Form in writing, within ten (10) business days before
the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more),
unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance
of the beginning of the vacation. Vacations shall be approved subject to the needs of the
department. The employee's seniority and wishes will be factors that are considered during
the scheduling process. Non -earned vacation leave shall not be allowed. Notwithstanding the
aforementioned, Department Heads can continue to exercise discretion in granting vacation
leave request.
B. Vacation leave requests shall not be in excess of that actually earned at the time it is requested
or in excess of the regular scheduled workweek.
35
ARTICLE ELEVEN
SICK LEAVE
Section 1: Sick Leave
,A. Full-time Employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick Formatted: Highlight
hours over 26 pay periods per year. If the full-time employee works, or is on regular paid
status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Part-
time and temporary employees (excluding Ca1PERS retired annuitants) working for 30 or
more days within a year shall be entitled to accrue paid sick days at the rate of one (1)
hour per every 30 hours worked. Employees only receive sick leave accrual while they
are in a paid status.
B. The City shall allow carry-over of sick leave up to the maximum cap of 960 hours of sick
leave. This bank of carry-over sick leave would provide a cushion for longer -term
illnesses and injuries.
C. Annually, any sick leave hours exceeding 960 will be compensated for at the end of the year
at 50% of the employee's regular hourly rate.
D. If an employee resigns from the City with 20 years or more of continuous service, he/she
will be compensated for all unused sick leave hours in his/her sick leave bank at the time of
separation at 50% of his/her then current regular hourly rate of pay.
JE. If an employee retires from the City with 15 to 20 years of continuous_ service, he/she will Formatted: Highlight
be compensated for all unused sick leave hours in his/her sick leave bank at the time of
separation at 50% of his/her then current regular hourly rate of pay. If an employee retires
from the City with 20 or- more than 20 years of continuous service, he/she will be
compensated for all unused sick leave hours in his/her sick leave bank at the time of
separation at 100% of his/her then current regular hourly rate of pay.
An employee who is out on sick leave for more than two (2) consecutive days shall be
required to provide the City with a doctor's note for the sick leave in order to be paid for the
sick leave.
36
ARTICLE TWELVE
LEAVE BENEFITS
Formatted: Highlight
Formatted: Highlight
A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury
Duty Pay" and there shall be no loss of compensation. An employee will be compensated
up to two weeks at full pay for jury duty. The employee must provide notice of the expected
jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar
days before the expected start date of the jury duty.
B. An employee on call for jury duty is expected to report to work. An employee who is called
in for jury duty does not have to report to work before or after appearing in court. All
employees shall obtain verification of the hours of jury duty performed using verification
forms as may be supplied by the court. Employees shall notify their Supervisor, either in
person verbally, voicemail message or in writing (electronic), on the day they are released
from their jury duty obligations.
C. Except as herein provided, employees shall remit to the City any compensation received for
those days while on jury duty and shall receive regular pay for the time served. Employees
shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury
duty performed on an employee's regular day off shall not be compensated by the city and
the employee shall be entitled only to the court's compensation for duty performed on such
employee's regular day off. Employees assigned to jury duty on a holiday will be considered
to have taken such a holiday and will receive regular holiday pay, but the employee shall be
entitled to the jury compensation for duty performed on such holiday.
D. For those employees working graveyard and swing shift, or other shifts starting at an early
and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.), Management shall reschedule the employee
to a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m. Monday thru Friday
while the employee is serving on jury duty. This temporary workweek reassignment shall
be for the balance of the scheduled workweek. Reassignment of duties may also be made to
maximize an employee's productivity prior to, and following release from jury duty.
E. If an employee is required to serve on a jury for a period longer than two weeks, the
employee shall be entitled, at the employees' option, to use any accrued leave time, other
than sick time, during the period of extended jury service. The employee shall continue to
receive all paid benefits, and shall continue to accrue eligible leave benefits.
Section 2: Bereavement Leave
Permanent full-time employees, regardless of period of service, may in the event of death or where
death appears imminent, of any "immediate family member" including the equivalent relatives of a
registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may
vary depending on work schedule) of bereavement leave without loss of salary.
37
Relative
All Regular Employees
Spouse
4 work days
Child
4 work days
Registered Domestic
Partner
4 work days
Step -Child
4 work days
Parent
4 work days
Step -Parent
4 work days
Mother-in-law
4 work days
Father-in-law
4 work days
Step- Parent-ind aw
4 work da s
Grandchild
4 work days
Step -Grandchild
4 work days
Grandparent
4 work days
Grandparent -in-law
4 work days
Brother
4 work days
Sister
4 work days
Step -Sister
4 work days
Step -Brother
4 work days
Daughter-in-law
4 work days
Son-in-law
4 work days
Brother-in-law"
4 work days
Sister-in-law'
4 work days
*Brother-in-law and sister-in-law are defined as the spouse of the- employee's
sibling or the sibling of the employee's spouse. -
Bereavement leave is paid over a maximum of eight (8) workdays and is paid in
thirty -minute increments. The bereavement leave begins on the first regularly
scheduled workday as requested by the employee. If the employee learns of the
death while at work, he or she is entitled to leave work immediately; this partial
day leave will not be counted towards the bereavement leave. Bereavement leave
must be authorized by the employee's Department Director and must be utilized
within 15 days of employee learning of the death, or of the date of foreseen
imminent death of the immediate family member, unless special circumstances
require that the leave begin at a later date. Such requests to the Department
Director shall be made within 15 days of the employee learning of the death or
of the date of foreseen imminent death and shall not be unreasonably denied.
Upon written verification that funeral services or other related obligations necessitate
travel outside of California, the employee shall be entitled to use up to two (2)
additional days of accrued leave (vacation, compensatory time, in -lieu holiday, or sick
leave; said leave to be recorded as vacation, etc.).
38
Formatted Table
Formatted Table
ARTICLE THIRTEEN
WORK SCHEDULE AND WORKING CONDITIONS
Section 1: Provisions
The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59
p.m. except as modified by management. In the event the City needs to adjust any work schedule, the
City agrees that no such modification will be conducted without first notifying the affected employees
a minimum of ten (10) days prior to the change, unless agreed to by the affected employee(s) and the
Department Director.
Section 2: 4/10 Work Schedule,
The City agrees to continue the 4/10 work schedule for employees assigned to work between
Monday — Friday shifts. The basic work schedule shall consist of four (4) consecutive 10-hour
days within a seven (7) calendar day period.
Section 3: Work Schedule.
It is understood that the City has established a workweek for each covered employee which meets
the requirement of the FLSA and which will not result in overtime compensation as part of the
normal work schedule. Each non-exempt employee shall be assigned a designated FLSA
workweek for the correct calculation of overtime.
All employees shall receive a minimum of two 15-minute breaks- and a thirty (30) minute lunch
period or sixty (60) minute lunch period per workday.
Section 4: Standby Policy
A.PURPOSE
To have employees on stand-by to respond to major incidents and emergencies during non -working
hours which require immediate attention to availability of qualified individuals with expertise in
operating, maintaining, restoring and repairing the City's infrastructure.
It is presently anticipated that the need for stand-by will be as follows, with the understanding that
actual stand-by staffing, if any, remains at the discretion of the department head:
1.- One (1) Water Employee
2.- One (1) Building Maintenance Employee
3.- One (1) Environmental Specialist
4.- One (1) Street Facilities Maintenance Employee
5:_ One (1) Police Dispatcher
39
Formatted: Right: 0.04", Space Before: 0 pt, Tab stops:
Not at 1"
l Formatted: Font: 11.5 pt, Not Bold, No underline
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Custom Color(RGB(31,73,125))
Formatted: Space Before: 0 pt, Line spacing: single, Tab
stops: Not at 1"
The Emergency Call Back policy is not intended to be used in lieu of a demonstrated need for
stand-by.
B. DEFINITIONS
Stand-bv: Stand-by duty requires that an employee be accessible, available, and physically able to
report to work. The employee must possess a city issued mobile phone device that remains available
for immediate contact. The employee must be ready, willing, and able to respond to an emergency
or incident or request for assistance based on a pre -arranged schedule. Employees on stand-by must
respond to the mobile phone call immediately and be able to respond to the City within 1 hour of
being called upon. The department head will determine if an employee is qualified to perform stand-
by duties. The stand by duty period shall be defined by the Department Head.
Emergency Call- Back: When an employee is called back to the City, or at the direction of their
supervisor, after their normal work shifts has been completed or before their normal work shift
commences due to an unscheduled emergency or request that affects the City's infrastructure.
C. PAYMENT
Stand—by: Employees on "Stand —By" shall receive two hours of regular straight time compensation
for each date that the employee is assigned to be on stand-by. Stand-by time is not counted as hours
worked as employees are not restricted in their activities and may engage in non -work related
personal activities. On City -recognized Holidays where City Hall is closed, employees on stand-by
will be compensated four hours of straight time compensation.
An employee assigned to stand-by who is not available to report will be subject to appropriate
disciplinary action unless they provide sufficient notice to their immediate supervisor of their
incapacity to respond prior to the call back so that appropriate arrangements can me made so that
the stand-by duty is covered.
When an employee on "stand-by" is called back to the City, he/she shall be entitled to "stand-by"
pay. The employee shall be paid a minimum of four (4) hours of pay at the appropriate rate based
upon the employee's hours worked. Time begins when the call out request is received and ends
when the employee returns home. If work is performed remotely, the employee shall receive hour
for hour compensation at the appropriate rate based upon the employee's hours worked.
D. CONDUCT WHILE ON "STAND-BY" DUTY
While on stand-by duty the employee must be able to respond to the City within sixty 60
minutes of being called, and will carry the city issued phone.
2. The employee will at times remain able to immediately respond to any emergencies.
3. Each employee on stand-by duty is accountable to all of the rules and regulations of the
City.
40
In the event of a call back, the employee will wear his/her City uniform, if applicable.
F. ASSIGNED VEHICLES
At the discretion of the department head, employees on stand-by will have use of a City vehicle to
travel to and from their houses and call back assignments. When not on call, the City vehicle must
be parked in a secure location at the employee's residence.
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ARTICLE FOURTEEN
GRIEVANCE PROCEDURE
PURPOSE AND SCOPE
The purpose of this Article is to provide for a mutually acceptable method for the prompt
resolution of employee grievances over the misinterpretation or misapplication of this particular
provision of this MOU, City policy, rule or past practice. The City and Union recognize the
importance of a viable grievance procedure to aid in the resolution of disputes among employ
supervisors and management. Union and City agree that it is in their best interests to resolve
disputes at the earliest opportunity and at the lowest level
GRIEVANCE DEFINITION
A grievance shall be defined as an allegation by an employee or the Union of a misinterpretation,
misapplication, or violation of a particular provision of this MOU, City policy, rule, or past
practice.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the public for the general conduct of business.
Formatted: Font: Not Bold
GRIEVANCE PRESENTATION AND PROCEDURES
Employees shall have the right to present their own grievance or do so through their Union
representative.
Grievances shall be processed on standard forms provided by the Department of Human Resources
and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of
the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of
the MOU, City policy, rule or past practice which have been violated, misinterpreted or misapplied,
(e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective
action desired. Grievances may bg submitted via email, so long as the employee attaches the
grievance form to the email by the required time line. If an employee includes attachments to the
grievance form and those attachments are not included in the email or in -person submission, the
City shall notify the employee that all attachments were not included and that the deadline for the
City to respond to the grievance will not begin to run until all the attachments are received.
Failure by management to reply to the employee's grievance within the time limits specified
automatically grants to the employee the right to process the grievance to the next level. If an
employee fails to appeal from one level to the next within the time limits established in this
grievance procedure, the grievance shall be considered settled on the basis of the last decision, and
the grievance shall not be subject to further appeal or reconsideration.
All time periods specified in this procedure may be extended by mutual written (includingemail)
mail)
consent of the aggrieved employee(e), Union representative and the designated mana eg ment
42
representative.
INFORMAL PROCEDURE
Within eight (8) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee may discuss the complaint with his/her
immediate supervisor. Employees are encouraged to discuss complaints with their immediate
supervisor in an attempt to resolve the grievance at the lowest possible step.
An employee, at his or her sole discretion, may opt to skip the informal procedure resolution
process and instead go directly to Step One. If an employee chooses to proceed with the Informal
Procedure, he/she or their union representative shall inform the Human Resources Director,
within one day of initiating the Informal Procedure, that he/she has initiated the Informal
Procedure and the date the informal grievance was first discussed with his/her supervisor.
Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to
the employee's complaint. If the employee is dissatisfied or if the supervisor fails to respond, the
employee shall have access to the formal grievance process described below
Step One - Immediate Supervisor
Within the time period referenced above, or if the employee chooses to skip the Informal Procedure,
within eight (8) days of the date the employee(s) knew or reasonably should have known of the
incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance
procedure by explaining the situation e> in writing, with the information prescribed above, to
the immediate supervisor of the affected employee(s). The Union and/or employee(s) waive the
right to proceed with the grievance if the grievant does not initiate the procedure by this deadline.
After the presentation of the grievance to the supervisor, the supervisor shall make a decision and
present his/her decision, in writing, to the Union and employee(s) within 4ve-(5ei bt(8) days.
Step Two = Department HeadDirector
If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the
grievant(s) shall present the grievance, in writing, to the grievant sgrievant's Department
I4eadDirector within €i-ve-(5ei ht 8) days of the decision of the immediate supervisor. The Union
and/or employee(s) waive the right to proceed with the grievance if the grievant(s) does not act by
this deadline. Within 4ve45 eight 8) days, the Department I=leadDirector, or the designee of the
Department HeadDirector, shall meet with the Union and employee(s) to hear the grievance. Within
€rye (lei ht 8) days of hearing the grievance, the Department headDirector or designee shall
present his/her decision, in writing, to the Union and employee(s), with copies to the Human
Resource Director and the City Administrator.
Step Three - City Administrator/Advisory Arbitration
If the Union or employee(s) is not satisfied with the result of the meeting with the Department Head,
43
the grievant may request the matter be heard by the City Administrator or designee, or the Union
may choose to have the matter heard by an impartial hearing officer (arbitrator).
Should the matter be submitted directly to the City Administrator or designee, he/she shall meet
with the Union and/or employee(s) within eight (8) days of receipt of the grievant' s written notice.
If the Union and/or employee(s) elects to have the matter heard by the City Administrator or
designee, the Union and/or employee(s) waives the right to have the matter heard by an arbitrator.
Within eight (8) days of hearing the grievance, the City Administrator shall provide his/her decision,
in writing, to the Union and employee(s). The decision of the City Administrator shall be final and
binding.
If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union
and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of
the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties.
Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid
by the party that incurred the cost.
If the Union elects arbitration, the City shall request a list of five (5) arbitrators registered with the
American Arbitration Association, California State Conciliation Service or some other mutually
agreed upon source within ten (10) days of the Union's request. The Union may delete/strike two
(2) names from the list. The City will then select the arbitrator from the remaining names on the
list. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising
under the Grievance procedure shall be governed by the provisions of Title 9, Part 3, of the Code
of Civil Procedure of the State of California.
Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall
provide his/her decision, in writing, to the Union and employee(s). The recommendation of an
arbitrator shall be advisory to the City Administrator or designee. The decision of the City
Administrator shall be final and binding.
All time limits specified in the foregoing procedure may be waived only by mutual written
agreement.
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ARTICLE FIFTEEN
DISCIPLINE PROCEDURE
Definition
Types of discipline include the following: suspension, demotion, reduction in pay or dismissal.
For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary
demotions, and performance evaluations are not classified as discipline.
DisciDlinary Actions
The tenure of every City employee shall be based on reasonable standards of personal conduct and
job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action,
which shall be commensurate with the seriousness of the offense and with consideration of the
employee's personnel file. Progressive discipline will be used; however, this does not preclude the
City from taking disciplinary action, up to and including termination, for an incident for which there
is no prior documentation as long as the disciplinary action is warranted and is based on just cause.
The following procedures shall be followed when, in the judgment of the Department Director, an
employee has committed an act or omission that justifies discipline. The Department Director or
his/her designee shall advise employees of contemplated disciplinary actions in writing and allow
the employee an opportunity to respond to such charges prior to taking final action.
Disciplinary actions should be documented in the employee's official personnel file. Performance
deficiencies documented in the employee's performance evaluation as "does not meet standards"
may be the basis for disciplinary action if the employee fails to correct those performance
deficiencies within the time period designated by his/her supervisor. To the extent possible,
performance deficiencies or other causes for discipline will be documented in the employee's
personnel file.
Upon the City receiving authorization from the employee, the City will provide the Union with all
written notices of discipline given to employees represented by Union. The written notice of
discipline will also inform the employee that he/she has the right to consult with the Union with
regard to the disciplinary action being taken.
DisciDlinary Procedure
Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for
disciplinary purposes, the following procedures shall be followed:
Written Notice of ProDosed Action
Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall
include the proposed effective date of the discipline, a statement of the reason(s) for the proposed
action, including the rule or standard of conduct allegedly violated, the proposed discipline and the
charge(s) being considered.
45
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the
proposed disciplinary action is based.
Emplovee ReSDonse/Pre-Disciplinary Conference
The notice of proposed action shall state the date by which the employee must exercise the right to
respond orally, in writing or both orally and in writing. This represents the pre -disciplinary
opportunity for the employee to state any reasons that he/she believes the proposed action to be
inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be
fewer than five days. This date may be adjusted by mutual agreement. Failure to respond by the
assigned date will constitute a waiver of the right to respond. Any response will be fully considered
before any final action is decided upon.
The Pre -Disciplinary Conference does not need to be an evidentiary hearing. An employee has the
right to have a representative of his or her own choosing at the conference. The City may conduct
further investigation if the employee's version of the facts or new information raises doubts as to
the accuracy of the City's information leading to the discipline proposal.
Written Notice of Final Action
After consideration of the employee's response, or in the absence of a response, written notice of
the final disciplinary action shall be given to the employee. Such notice shall include essentially the
same information contained in the notice of proposed action, except that the employee's formal
appeal rights shall be stated.
Emergencies
When, in the opinion of the City, immediate disciplinary action is required to protect the health,
safety or welfare of the public, other employees or the employee himself, the employee may be
suspended without pay for up to five (5) days pending the processing of the notices required in this
article or may be suspended with pay pending the completion of such investigations or hearings as
may be required to determine if disciplinary action is to be taken. If the charges and/or allegations
are not sustained, the employee suspended without pay shall be entitled to reinstatement with full
back pay and benefits. All back pay awards related to suspension, demotions and discharges shall
include interest as set by Civil Code §§ 3287 et. seq..
ADDeal Procedures
Major Discipline
Any permanent employee in the classified service shall have the right to appeal any dismissal,
suspension of thirty (30) hours or more, reduction in salary, or non -probationary demotion. The
appeal process shall not be applicable to probationary employees. The appeal process shall not be
applicable to performance evaluations, verbal and/or written reprimands.
46
An employee desiring to appeal the discipline shall have ten (10) days after receipt of final notice
of discipline. The employee's request for appeal must be addressed to the City Administrator and
received in the Human Resources Division. The Human Resources Division shall date stamp the
employee's appeal to verify the timeliness of the appeal.
If, within the 10-day appeal period, the employee does not file the appeal, unless good cause for the
failure is shown, the discipline shall be considered conclusive. If the employee files a timely appeal,
an arbitration appeal hearing shall be established as follows:
1. The employee shall file a written request with the Human Resources Division for
advisory arbitration to the City Administrator or designee. The City and Union will share
equally share (i.e. 50/50) the arbitration -related expenses, excluding attorney fees, expert
witness(es) and staff time.
2. The City shall request a list of five (5) arbitrators registered with the American
Arbitration Association, California State Conciliation Service or some other agreed upon
source within ten (10) days of the employee's request. The employee may delete/strike
two (2) names from the list. The City will then select the arbitrator from the remaining
names on the list.
3. The selected arbitrator shall serve as the hearing officer.
4. All time limits specified in the procedure may be waived by mutual written agreement.
5. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and
the employee. The opinion shall set forth findings of fact and conclusions. The decision
of the Arbitrator will become final unless the City or the employee elects to pursue
judicial review under CCP § 1094.5.
Minor Discipline
Any permanent employee shall have the right to appeal any suspension below the threshold of major
discipline. The appeal process shall not apply to probationary employees.
If the problem cannot be resolved between the employee and the supervisor, the employee may,
within ten (10) days from receiving notice of the final discipline, request and be granted an
interview with the Department Director or his/her designee in order to discuss the appeal.
The Department Director or designee shall render his/her decision in writing within fifteen (15)
days of receiving the appeal. If the Department Director and employee are unable to arrive at a
satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by
the Department Director, submit a written appeal to the City Administrator or designee. The City
Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City
Administrator or designee 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
47
forth findings of fact and conclusions. The decision of the City Administrator shall be final and
binding.
48
ARTICLE SIXTEEN
JOINT LABOR MANAGEMENT COMMITTEE
A. The City and the Union will maintain a Joint Labor Management (JLM) Committee
comprised of at least eight (8) members. The City's team shall consist of representatives
from the City Administrator's office, the Human Resources Department and management
representatives of the City Departments. The Union shall provide up to five (5) City
employees and one (1) representative to sit on its committee. Employees who are regularly
scheduled to work shall be on paid release time during participation in the JLM Committee.
Participation in the JLM Committee is considered Union Business, and as such, any release
time under this section shall not result in the City incurring any overtime. Additional
department and employee representatives may participate on the Committee to deal with
departmental matters which may be addressed. This Committee shall meet at least semi-
annually to discuss matters of concern to both management and the Union and a written
summary of each meeting shall be prepared by the City. The Committee shall be authorized
to schedule meetings more frequently than the semi-annual ones required herein in order to
expeditiously respond to concerns properly before the committee.
B. The JLM Committee shall be utilized to allow the parties to discuss matters affecting the
workplace environment.
C. The JLM Committee shall not be a means for participating in the meet and confer process
as provided for by Government Code Sections 3500 et. Seq. The JLM Committee's
meetings shall not be "Meet and Confer" sessions as that term is used in Government Code
Sections 3500 et. seq.
D. JLM Committee consideration of proposed changes in terms and conditions of employment
shall not occur and is not a condition precedent to the exercise by the City of its rights.
49
CITY OF VERNON
Mark WhitwefthCarlos R. Fandino Jr.
City Administrator / "MERR"
Formatted: Highlight
TEAMSTERS LOCAL 911
Raymond B. Whitmer
Secretary -Treasurer
Teresa McAllistef Isaac Garibay Carlos Rubio
Director of Human Resources Business Representative
Kfistefi Lisette Michel Grizzelle Juan Arellano
Deputy City Senior Human Resources Analyst Committee Member
Alex Kffng William F. Fox
Eeene-pii^ Development Manager Director of Finance/City
Rafael Contreras
Treasurer Committee Member
Irma Rodriguez Moisa
Chief Negotiator
Jerrick T. Torres
Committee Member
Ana Karina Rueda
Christina RiveraHuman Resources
Analyst
Committee Member
APPROVED AS TO FORM:
Zaynah Moussa, Deputy City Attorney
Cerissa Diaz
Committee Member
Jnden b Yiu
Chfistina River
Committee Membe
APPROVED AND ADOPTED BY CITY COUNCIL ON
50
RESOLUTION NO.
ATTEST:
Ana Bareia, DeputyMaria Ayala, City Clerk
51
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