Resolution No. 2019-033RESOLUTION NO. 2019-33
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, 2019 THROUGH
JUNE 30, 2022
WHEREAS, the Teamsters Local 911 ("Teamsters") has been
recognized as an employee organization pursuant to Resolution No. 4027;
and
WHEREAS, on July 12, 2016, the City Council of the City of
Vernon adopted Resolution No. 2016-40, approving a Memorandum of
Understanding by and between the City and Teamsters for the period of
July 1, 2016 through June 30, 2019 (112016-2019 MOU"); and
WHEREAS, on November 6, 2018, the City Council of the City of
Vernon adopted Resolution No. 2018-43, approving the Amendment No. 1 to
the 2016-2019 MOU relating to the Gas Line Training Program; and
WHEREAS, the City and Teamsters have concluded labor
negotiations regarding wages, benefits and working conditions for the
period of July 1, 2019 through June 30, 2022; and
WHEREAS, representative members of Teamsters and the City have
agreed to execute a Memorandum of Understanding setting forth certain
terms and conditions for employment of City of Vernon employees in
classifications represented by Teamsters, for the period of July 1,
2019 through June 30, 2022 (112019-2022 MOU"); and
MOU.
WHEREAS, the City Council desires to approve the 2019-2022
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 2019-2022 MOU attached herein.
SECTION 5: The City Council of the City of Vernon hereby
directs the Interim City Clerk, or the Interim City Clerk's designee,
to send a fully executed 2019-2022 MOU to Carlos Rubio, Senior Business
Representative of Teamsters Local 911.
- 2 -
SECTION 6: The Interim City Clerk of the City of Vernon
shall certify to the passage, approval and adoption of this resolution,
and the Interim City Clerk of the City of Vernon shall cause this
resolution and the Interim City Clerk's certification to be entered in
the File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 6th day of August, 2019.
zz�x_
Name: Meli s s A . Ybarra
ATTEST:
Z.
"W-0;W-0A
*Deorah Harrington,
Interim City Clerk
APPROVED AS TO FORM:
/� nj4
Za oussa,
Seni r Deputy City Attorney
Title: Mayor
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I. Deborah Harrington, Interim City Clerk of the City of Vernon,
do hereby certify that the foregoing Resolution, being Resolution
No. 2019-33, 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, August 6, 2019, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this/ day of August, 2019, at Vernon, California.
(SEAL)
- 4 -
e orah Harri gton,
Interim City Clerk
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
TEAMSTERS LOCAL 911
July 1, 201946 through June 30, 202249
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Preamble............................................................................................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section1:
Recognition................................................................................................
7
Section2:
No Discrimination.......................................................................................
7
Section 3:
No Strikes or Lockouts.................................................................................
7
Section4:
Layoffs..........................................................................................................
7
Section5:
City/Union Meetings..................................................................................
7
Section6:
Union Business............................................................................................
7
Section 7:
Management Rights......................................................................................
9
Section8:
Contracting Out.............................................................................................
11
Section9:
Employee Rights...........................................................................................
I
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM
Section 1: Legal Limitations and Savings Clause......................................................... 12
Section2: Tenn.............................................................................................................. 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
Section4: Certification Pay............................................................................................16
2
Section5: Longevity Pay................................................................................................19
Section6: Merit Steps...................................................................................................20
Section7: 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
Section2: 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
Section3: Retiree Medical.............................................................................................. 29
ARTICLE NINE: HOLIDAYS
3
Section1: Holidays........................................................................................................ 31
Section2: In -Lieu Holidays............................................................................................ 31
ARTICLE TEN: VACATION
Section 1: 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
Section2: 4/10 Work Schedule.......................................................................................... 38
Section3: Work Schedule..................................................................................................38
Section4: 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
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, Tinge 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: Reco¢nition
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 Meetin¢s
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:
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: Manaeement Riehts
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;
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;
1. 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 11, Section 6 — Probationary Period and 9 —
Disciplinary Actions;
Q. Take all necessary actions to carry out its mission in emergencies; and
10
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 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 Ri¢hts
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: Lezal Limitations and Savines 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, 20196, and shall remain in full force and effect up to and
including midnight, the 30th day of June 202219 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, 20224-9 and March 15, 202249.
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 receipt of written certification from the Union of an employee's voluntary authorization for
the deduction, the City shall deduct and remit to the Union the Union's initiation fee and periodic
dues for members of the Union. Should there be a dispute regarding the existence or terms of the
authorization for deduction of dues and/or fees the Union shall provide the City with a copy of
the authorization(s) signed by the employee.
r-emit to the Union the Unien's initiation fee and per-iodie dues f6F fnefnbeFS of the Union.
Any unit faembff who is not a member of the Union, OF who does submit an application fef
fnerabership within thift,. (30) days fbilowing the efC etive date ._f this _ _ _ —L e _e for these hire
�
after the effeetive date of this paragraph, within thirty (30) days from the eommeneement of duties,
,;hall be-eem-e, -A member- of the Union or, if approved by the Union membership as govemed by the
previdea he a that the unit f mbe Fnay tt pa�Te11 i 7eti sen ss f h f h
e safne
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 that the obligations herein ndit. of _ ed-'--__--
r" ^ate b - - - -- -
mambeFs nrt The ni f t L L failure c any unit member mbefin -d
standing of the Unien er to pay the equivalent of Union dues dwing the teFm of this agFeement shall
ragree
rally, just and reasonable eause for teftnination.
The City shall net be obligated to put into efleet any new, changed er- discontinued deduetion until
pay peitiod eemmenees fifteen (le) working aays or Fnere after- suc1 ti
No unit f mber- shall be . :rea t, join the Union , to make an fee payment if
notice shall be to fibe Human Reseumes DepaFtmeat.. In the event the unit membef fails
to e a said del:..que the Union shell r-eques4, ...ifing that the City initiate tenrAnation
The City shall not deduct money specifically earmarked for a PAC or other political activities 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 shall provide protection to the City by indemnifying defending and holding the City
harmless from and against all claims and liabilities as a result of any loss claim liability or cause
of action arising out of the operation of this article.
The Union YAII defend, indemnify and hold haFmIess the City of Vemen from any less, elaim,
such legal aetion, the Union shall have the right to deeide and detemiine litigation, senlement,
and/or appeal s#ategy. Any sueh deeision on the part of the Union shall not
diminish the UnieR's indemnifieation obligations under- this agreement.
The Cit) immediately upon r-eeeipt of notice of such legal aefien shall _c__.__ the Union of sueh
defense of settlement of such aefien and fidly cooperate %ith the Union in previding-all-neeessary
witnesses, experts and assistanee necessafy for- sueh defense.
aefieft all sums due -wndde-r- sueell settlement of eempr-emise. The Union, upen final ef;deF and
prevailing pafty, shall pay to such party all suras evAng undef such eFdor- and judgment.
14
ARTICLE FOUR
COMPENSATION
Section 1: Salaries
study b sed upon the 75'h per-eentile, at the grade and step that is closest to but mtless 4m;
9 -if the paffies are unable te finalize all eempensatien and elassifieafien studies by july 1, 2016i
the pafties agree to finalize the studies ne later- than January 1, 2017 and those emple5ees
who afe entitled to a ehange in their- eempensafien shall have such ehange fetreaefivel
imnlenwmea t My In 2016 The parties f.�h.•r- agree ♦mt if they w _able t ____agreement regaFding the elassifieation and eempensation studies, these disputes shall be
submitted to the City Adgin}strater yr final detemin^ ion Any r-e oaefi a implementation
of the eempensation and elassifieatien study shall not impaet an empleyees' reeeipt of the
C . Employees whose salar-ies are abeve the nended grade and step plan shal
be v Fated and their- fespeetiye ...,1.._:e., fiez,.« for- the .•..,., peried during whieh their-
solaties may eeme out of yFafing upon the implementafione f the salafy _dj _ _
ela :fire..*: since Tul. 1 2014or- ear4ier- shall be gnindf then-edinto
the cla ]lief
puwieesly applied salary sehedeleEnvifflamental
shall be based en the grandfathefed salary sehedule. Employees in the Seni
Ftiavirnnmwntnl epeeialists elassifieation sineet ty eaflier- 201e , flier- shall not he eligible f _
€A_ , Eeffective july 10, -2016the first day of the first full pay
period in- July 2019 ���' "��-'^'� '^tom\, the base salary ranges for the represented
classifications
earlier shall be increased three percent
ad}estmew inefease.
liB. Notwithstanding , Eeffective July4,-2"the fast day of the first full pay period
in -in July 2020' ^-Fi^ee-A' "ea^- '^" 2018), the base salary ranges for the represented
classifications ernpk►y�,,,, ,,,,� ... ',;;� :,t :.�., ie ,.l..a: v .,.e,l «h. a
employees in the SenieF P e=a •st elassifisetien sinse duly 1, 2914 er
earlier-) shall be increased three percent (Ino xeeeive a twe pereentfr.e p�t�AO�%`,
6-C , Eeffective T ly 8, 2018 the first day of the first full pay period
in -in July 2021 , the base salary ranges for the represented
classifications
employees inthe S c_ _ emal_4I' eialist elassifieation sinee July 1, 2014 of
earlieF) shall be increased three percent (3%l. receive-a-��(�2.0°)
adjestmer4 iaer-eas-
M-.D. 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 twe-three percent (32%) 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: Actin¢ 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 ageney OF vefidoT-
apprevedas determined by the Director of Human Resources Depa#ffleat. 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.
16
Section 4: Certification
Effective July ' ,'^' ", ^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 certificateion pay during the term of
the prior Agreement shall continue to be eligible to receive the eetti€eatien- certificate nay during
the term of this Agreement. Employees hired or promoted into a classification for which a
certification is required as part of the minimum gualifications as set forth in the job description
shall not be entitled to receive certificate pav
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
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
17
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).
Certified Professional Storm Water Quality
Qualified SWPP Developer or Qualified
SWPPP
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)
Class B Commercial Driver's License - Formatted Table
WefkeFStreet Maintenance Worker, Lead
Pesticide Applicator Certification (Up to two
employees rotated annually)
Public Works Degree/Certificate
Warehouse Worker, Lead Pesticide Applicator Certification (Up to the o Formatted: Font: Not Bold
employees rotated annuall Formatted: Left
Water Maintenance Worker, Senior Class B Commercial Driver's License
Water Maintenance Worker Class B Commercial Driver's License
Fire Code Inspector/Fire Code Inspector. ICC — Building Inspector
Senior
ICC — Fire Plans Examiner
empleyee only in the Envk-enmenW
Advanced Public
19
Intermediate POST Certificate
Training Officer Certificate
Police Dispatcher, Lead
Advanced Public Safety Dispatcher
Intermediate POST Certificate
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 I, 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.
20
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.
Section 6: Merit Steps
A. _ Ef �etive J:;l; 10 2047 ;,Employees who are not at the top step of their Classification
Compensation Plan shall move to the neat step on the Plan if the employee achieved an
ntis f ete eeFfbFmanee evalua4ien r better as of theiF immediately pFeeeding
auuaal
rN>•rfeffTlal' a DnE the nd and
th d vems of the A t / the Gi
all -overall "above average"
rating as of their immediately preceding annual performance evaluation (s) Employees shall
esnfintte4e receive their annual evaluations as outlined in the Ci1y's Performance Evaluation
Policy P t that employees shag Imwe a :all i ll"aboy
Hses of eamine merit oc:caoco in the seeenQ and hod
years of the A a a nt and do e with a ele ndeFstand* n g P f the"above
e-
deal: cation Emoleyc s may r-eeeive Enefe than one merit salary adwmee dwine t. tefffl f this
AgreCinCnf
B. The merit salary advances earned during the fiscal year 46- 4-7-shall go into effect at the
beginning of the first full pay period of the followingfiscal lscal year. on july o 201' T,,e neF4
e fiseal 1.1 1 o halt ff I t o 2 o Th
-�ecra r x o" a -fie into c xcoc ccx aax� o ao o The
th:.. Ceefien B. et the City 'o eption. based aft the
C. Dur-ine the seeond and third YeaE of this A ent only. an enm1eyee ma
Q1 cal
above avewe' makes them ineligible --- - salary a&vanee un
abe a The City. Add• - ., - -his e- hee iee shall eeno deF ouch an appca} ��io n ain if
Blend ff days Of F a t Of the itten appeal. Tie Ct7 A a foot to 'o 'lvesigHee W eRe is
appelnte(L shall not he .n the mnlevees direct ehain of command. The decision Cth C•'
.. he-.lesiebaee shell be fi
21
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 Pav -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.
3. 5% Dispatcher Training Pav —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 H-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
OVERTME
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.
23
Section 4: Call Backs
€mergeney eCall back duty occurs when an employee is requested to report to duty on a non-
regelar4 scheduled work shift. £mergeney all 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. F ;serge :e; eCall 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 Pav
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.
24
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 hired after January 11 will
be eligible for a pro -rated amount as follows:
Hired, Promoted. or Reclassified on or
Safety Boot/Shoe Allowance
between:
Jul 1— September 30
200
October 1 — December 31
$150
January 1 — March 31
$100
April I — June 30
$50
Employees receiving the footwear allowance are required to wear the prescribed boots/shoes at all
times while in the field or as reauireden4uw. 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.
25
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. EMefi . idly ', 24W,4De 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 rest 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 September. The cost of any
26
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 allowances 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.
eevefage. All premiums for vision coverage at each tier of coverage are to be deducted from the
total monthly eCity contribution for Medical. Dental and vision 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 aeFees that all itemized benefit amunts sveeifid in the 0%, of Ve non
n below c 150 shall t
Section 5: Life Insurance
The City provides a$20,,000 life insurance up to $20,000 in coverage elan 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 evenan employee does not exeeed hiAeF fneathly employer- medieal allowanee, the employee shall be
supplemental life insuranee.
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
27
following:
• Computer loan purchase plan
• Corrective eye surgery plan
• Flexible Spending Plan
• Hearing aid device plan
• Tuition reimbursement plan
• Employee Assistance Program (EAP)
• Supplemental Life
• Long Term Disability
• Other su lemental insurance plans that may be available
28
ARTICLE EIGHT
RETIREMENT
Section 1: Public Emplo,,ee 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 defmition 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.
Effective the first pay period in July 2019, in accordance with Government Code Section 20516(fl
pursuant to a cost -sharing arrangement, all employees designated as "classic" employees and
enrolled in the "classic" retirement benefit formula shall share the cost of the employer CalPERS
contributionshail by paying an additional 1% of CalPERS reportable compensation for a total
contribution of nine percent (9%).
Effective the first pay period in July 2020, in accordance with Government Code Section 20516(fl
pursuant to a cost -sharing arrangement all employees designated as "classic" employees and
enrolled in the "classic" retirement benefit formula shall share the cost of the employer CalPERS
contributionshall by paying an additional 130/o of CalPERS reportable compensation for a total
contribution of ten percent (10%).
Effective the first pay period in July 2021, in accordance with Government Code Section 20516(t)
pursuant to a cost -sharing arrangement, all employees designated as "classic" employees and
enrolled in the "classic" retirement benefit formula shall share the cost of the employer CalPERS
contributionshall by paying an additional 131/o of CalPERS reportable compensation for a total
contribution of teneleven percent (11 %).
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
29
• 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 in edical 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.
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.
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
30
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.
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 I" - New Year's Day
2. The 3' Monday in January — Martin Luther King, Jr. Day
3. The 3rd Monday in February — Presidents Day
4. March 31 a — Cesar Chavez Day
5. The last Monday in May — Memorial Day
6. July 0 — Independence Day
7. The first Monday in September — Labor Day
8. The second Monday in October — Columbus Day
9. November I Id — Veterans Day
10. The 4te Thursday in November — Thanksgiving Day
11. December 24' — Christmas Eve
12. December 25d — Christmas Day
13. December 31' — 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
32
equivalent to the applicable calendar year holiday schedule for rest of the Teamsters'
members effective January 1" 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�`
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.
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
I' year thru 4' year
80
3.08
5`h year thru 9'h year
100
3.85
10t' year thru 14`h year
120
4.62
15fl' year thru 20 year
160
6.16
25`' year and more
190
7.31
24/7 Operation:
n year thru 4th year
96
3.69
5`h year thru 9`" year
120
4.61
101h year thru 14' year
144
5.53
15" year thru 24`s year
192
7.38
25" 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 3anuary February 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 1 ' 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: Scheduline 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
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.
36
ARTICLE TWELVE
LEAVE BENEFITS
Section 1: Jury Duty
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 (equivalent to eight (8) work days based on City Hall schedule Monday
through Thursday) 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
Ste 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
Ste 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
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: Standbv Polic
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
The Call Back policy is not intended to be used in lieu of a demonstrated need for
stand-bN.
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.
Hmeflgenff: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.
M 6T:V&&Ll�Ill'
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.
40
Each employee on stand-by duty is accountable to all of the rules and regulations of the
City.
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.
H1
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 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.
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 (0 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)
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
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 slap 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).
43
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 erployee(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. 50150) 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.
DAYS
Days shall be defined for the purposes of this Article as any day in which the City Hall is open to
the nublic for the eeneral conduct of business.
Disciolinary 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
45
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.
Employee Review
The employee shall be supplied with a copy of the documents or materials upon which the
proposed disciplinary action is based.
Emolovee Resoonse/Pre-Disciolinary 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
46
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.
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:
I . 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. 50150) 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
47
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
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
SIGNATURE PAGE
CITY OF VERNON TEAMSTERS LOCAL 911
Carlos R. Fandino Jr. Raymond B. Whitmer
City Administrator / "MERR" Secretary -Treasurer
Union Committee Member
William F. Fox Carlos Rubio
Director of Finance/City Treasurer Business Representative
Union Committee Member
Ana Karina Rueda
Human Resources Analyst
Michael Earl
Director of Human Resources
APPROVED AS TO FORM:
Zaynah Moussa, Senior Deputy City Attorney
Renan Castro
Union Committee Member
Cerissa Diaz
Union Committee Member
Anthony Hinojos
Union Committee Member
James Moore
Union Committee Member
Christina Rivera
Union Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON PER
RESOLUTION NO.
ATTEST:
50
Deborah Harrington, Interim City Clerk
51
Dated:
FULLY EXECUTED
AGREEMENT
SIGNATURE ROUTING FORM
CONTRACTOR: Teamsters Local 911
CONTRACT PURPOSE: Memorandum of Understanding July 1, 2019 through June 30, 2022
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 Eden Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239
AUTHORIZATION: VApproved by Council on 08/06/2019
(Check one and attach Resolution No. 2019-33 (if applicable)
supporting documentation)
❑ Approved by City Administrator on
❑ Approved by Finance Director on
ROUTING SEQUENCE: (Please Follow In Order) Initials Date
(1) Responsible Department Person 7
Certifies compliance with Competitive Bidding and Purchasing Ordinance, Z�
obtains approval from City Council/City Administrator/Finance Director, and obtains
approval as to form from the City Attorney's Office, assembles two (2) originals of contract,
obtains proper signatures from contractor/consultant pursuant to the signature requirements,
obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the
City's website (if applicable), enters contract into Eden once routing process is complete.
(2) Liability and Claims % �� Q /9
Approves insurance and sureties, if bonds required.
(3) Finance (Purchasing) Q
Checks compliance with Competitive Bidding & Living Wage Ordinances
and reflected in current budget.
(4) City Attorney JJ
Approves contract as to form. E1-7 l
(5) City Signatory
Signs document on behalf of City.
(6) City Clerki9
Attests signatures, numbers and files contract, enters contract documents
(executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche,
transmits duplicate original to contractor/consultant, notifies Responsible Department Person,
and notifies any "consultant" of duties to file Form 700, if applicable.
Rev. 6/2017
TRANSMITTAL COMMUNICATION
of
ty
f }�
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 24, 2019
Teamsters Local 911
Attn: Raymond Whitmer
Secretary -Treasurer
9900 Flower Street
Bellflower, CA 90706
Re: Memorandum of Understanding — July 1, 2019 June 30, 2022
Dear Mr. Whitmer:
Please find enclosed an original fully executed Memorandum of Understanding approved by City
Council on August 6, 2019, through Resolution No. 2019-33.
If you have any questions regarding this matter, please call Michael Earl, at (323) 583-8811 ext.
239.
;Very y yours,
eborah R. Juarez
Records Management Assistant
Enclosure
c: Michael Earl
Carlos Fandino
Resolution No. 2019-33
Agreement No. 19-110
Exclusively Industfia!
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
TEAMSTERS LOCAL 911
July 1, 2019 through June 30, 2022
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
Preamble............................................................................................................................... 6
ARTICLE ONE: FUNDAMENTALS
Section 1:
Recognition................................................................................................
7
Section2:
No Discrimination.......................................................................................
7
Section 3:
No Strikes or Lockouts.................................................................................
7
Section4:
Layoffs.........................................................................................................
7
Section 5:
City/Union Meetings..................................................................................
7
Section6:
Union Business............................................................................................
8
Section 7:
Management Rights......................................................................................
9
Section8:
Contracting Out.............................................................................................
1 1
Section9:
Employee Rights...........................................................................................
1 1
ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE, AND
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.......................................................................................................... 14
Section2: Acting Pay..................................................................................................... 14
Section3: Bilingual Pay................................................................................................. 14
Section 4: Certification Pay............................................................................................ 15
2
Section5: Longevity Pay............................................................................................... 17
Section6: Merit Steps................................................................................................... 18
Section7: Premium Pay............................................................................................... 19
Section 8: Training and Recertification Time................................................................ 19
ARTICLE FIVE: OVERTIME
Section 1: Overtime Authorization................................................................................. 20
Section2: F.L.S.A. Overtime......................................................................................... 20
Section 3: Compensatory Time...................................................................................... 20
Section4: Call Backs.................................................................................................... 21
Section 5: Holdover Pay................................................................................................. 21
ARTICLE SIX: UNIFORMS & SAFETY FOOTWARE ALLOWANCE
Section 1: Uniforms & Safety Footwear Allowance..................................................... 22
ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS
Section1: Medical..........................................................................................................23
Section2: Cafeteria Plan................................................................................................. 23
Section3: Dental........................................................................................................... 24
Section4: Vision............................................................................................................ 24
Section 5: Life Insurance................................................................................................ 24
Section 6: Deferred Compensation................................................................................. 24
Section 7: Other City Employee Programs.................................................................... 24
ARTICLE EIGHT: RETIREMENT
Section1: P.E.R.S......................................................................................................... 26
Section 2: Supplemental P.E.R.S. Retirement Benefits..................................................26
Section 3: Retiree Medical.............................................................................................. 27
3
ARTICLE NINE: HOLIDAYS
Section1: Holidays........................................................................................................ 29
Section 2: In -Lieu Holidays............................................................................................ 30
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
Section2: 4/10 Work Schedule.......................................................................................... 36
Section3: Work Schedule.................................................................................................. 36
Section 4: Standby Policy.................................................................................................. 36
ARTICLE FOURTEEN: GRIEVANCE PROCEDURE
Grievance Procedure................................................................................................................. 39
ARTICLE FIFTEEN: DISCIPLINE PROCEDURE
DisciplineProcedure.................................................................................................................42
ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE
Joint Labor Management Committee....................................................................................... 46
4
SIGNATURE PAGE
Signatures................................................................................................................................47
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
ULD
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: 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
7
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
0
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
Code, and expressly and exclusively retains its management rights, which include, but are not
limited to:
6
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;
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
Iff
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 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, 2019, and shall remain in full force and effect up to and
including midnight, the 30th day of June 2022 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, 2022 and March 15, 2022.
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 receipt of written certification from the Union of an employee's voluntary authorization for
the deduction, the City shall deduct and remit to the Union the Union's initiation fee and periodic
dues for members of the Union. Should there be a dispute regarding the existence or terms of the
authorization for deduction of dues and/or fees, the Union shall provide the City with a copy of
the authorization(s) signed by the employee.
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 City shall not deduct money specifically earmarked for a PAC or other political activities 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 shall provide protection to the City by indemnifying, defending and holding the City
harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause
of action arising out of the operation of this article.
13
ARTICLE FOUR
COMPENSATION
Section 1: Salaries
A. Effective the first day of the first full pay period in July 2019, the base salary ranges for the
represented classifications shall be increased three percent (3%).
B. Effective the first day of the first full pay period in July 2020, the base salary ranges for the
represented classifications shall be increased three percent (3%).
C. Effective the first day of the first full pay period in July 2021, the base salary ranges for the
represented classifications shall be increased three percent (3%).
D. 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 three percent (3%) 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 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 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 as determined by the Director of
Human Resources. Those employees who successfully demonstrate this skill would be eligible to
receive an additional $125.00 per month for bilingual pay.
14
Employees receiving bi-lingual pay as of July 1, 2014 shall be grandfathered into the City's
previous policy.
Section 4: Certification Pay
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 certificate pay during the term of this
Agreement. Employees hired or promoted into a classification for which a certification is
required as part of the minimum qualifications as set forth in the job description, shall not be
entitled to receive certificate pay.
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
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
15
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).
Certified Professional Storm Water Quality,
Qualified SWPP Developer or Qualified
SWPPP
Street Maintenance Worker, Senior Class B Commercial Driver's License
Public Works Degree/Certificate
Pesticide Applicator Certification (Up to two
em to ees rotated annually)
16
Street Maintenance Worker
Class B Commercial Driver's License
Pesticide Applicator Certification (Up to two
employees rotated annually)
Street Maintenance Worker, Lead
Class B Commercial Driver's License
Pesticide Applicator Certification (Up to two
em to ees rotated annually)
Public Works Degree/Certificate
Warehouse Worker, Lead
Pesticide Applicator Certification (Up to two
em to ees rotated annually)
Water Maintenance Worker, Senior
Class B Commercial Driver's License
Water Maintenance Worker
Class B Commercial Driver's License
Fire Code Inspector/Fire Code Inspector,
Senior
ICC — Building Inspector
ICC — Fire Plans Examiner
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: 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.
17
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.
Section 6: Merit Steps
A. 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 an overall "above average" rating as
of their immediately preceding annual performance evaluation (s). Employees shall receive their
annual evaluations as outlined in the City's Performance Evaluation Policy.
B. The merit salary advances earned during the fiscal year shall go into effect at the
beginning of the first full pay period of the following fiscal year.
C. 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.
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 II-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.
19
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.
20
Section 4: Call Backs
Call back duty occurs when an employee is requested to report to duty on a non-scheduled work
shift. 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. 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.
21
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 hired after January l' will
be eligible for a pro -rated amount as follows:
Hired, Promoted, or Reclassified on or
between:
Safety Boot/Shoe Allowance
Jul 1 — September 30
$200
October 1 — December 31
$150
January 1 — March 31
$100
April 1 — June 30
$50
Employees receiving the footwear allowance are required to wear the prescribed boots/shoes at all
times while in the field or as required. 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.
22
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. 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 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 $1,120, 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 September. The cost of any
PPO/HSA plan selected by the employee that exceeds $870 shall be paid by the employee
23
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. All premiums for vision coverage
at each tier of coverage are to be deducted from the total monthly City contribution for Medical,
Dental, and Vision 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.
Section 5: Life Insurance
The City provides life insurance up to $20,000 in coverage 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.
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
• Hearing aid device plan
• Tuition reimbursement plan
• Employee Assistance Program (EAP)
• Supplemental Life
• Long Term Disability
• Other supplemental insurance plans that may be available
25
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.
Effective the first pay period in July 2019, in accordance with Government Code Section 20516(f)
pursuant to a cost -sharing arrangement, all employees designated as "classic" employees and
enrolled in the "classic" retirement benefit formula shall share the cost of the employer CAPERS
contribution by paying an additional 1 % of CalPERS reportable compensation for a total
contribution of nine percent (9%).
Effective the first pay period in July 2020, in accordance with Government Code Section 20516(f)
pursuant to a cost -sharing arrangement, all employees designated as "classic" employees and
enrolled in the "classic" retirement benefit formula shall share the cost of the employer CalPERS
contribution by paying an additional 1% of CalPERS reportable compensation for a total
contribution of ten percent (10%).
Effective the first pay period in July 2021, in accordance with Government Code Section
20516(f) pursuant to a cost -sharing arrangement, all employees designated as "classic"
employees and enrolled in the "classic" retirement benefit formula shall share the cost of the
employer CalPERS contribution by paying an additional 1% of CalPERS reportable
compensation for a total contribution of eleven percent (11%).
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
W
• 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.
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
27
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.
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 15t - New Year's Day
2. The Yd Monday in January — Martin Luther King, Jr. Day
3. The Yd Monday in February — Presidents Day
4. March 31 ` — 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 1 lth — Veterans Day
10. The 41h Thursday in November — Thanksgiving Day
11. December 241h — Christmas Eve
12. December 25th — Christmas Day
13. December 3 1 " — 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.
►3�
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'
members effective January 1 st 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 31Sc
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.
30
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
1st year thru 4th year
5th year thru 91h year
loth year thru 14th year
15th year thru 24th year
25th year and more
24/7 Operation:
1st year thru 41h year
5th year thru 9th year
loth year thru 141h year
15`h year thru 24th 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 February 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 31st 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
compensation computed in accordance with the applicable base rate, at time of separation.
31
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.
32
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.
33
ARTICLE TWELVE
LEAVE BENEFITS
Section 1: Jury Duty
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 (equivalent to eight (8) work days based on City Hall schedule Monday
through Thursday) 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.
34
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- 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.).
35
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
36
The 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.
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.
Each employee on stand-by duty is accountable to all of the rules and regulations of the
City.
4. In the event of a call back, the employee will wear his/her City uniform, if applicable.
37
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.
02
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 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.
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)
39
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
.o
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. 50150) 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.
41
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.
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.
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:
42
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 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.
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
BI
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.
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. 50150) 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
44
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
forth findings of fact and conclusions. The decision of the City Administrator shall be final and
binding.
45
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.
.o
SIGNATURE PAGE
CITY ERNON
Carlos R. Fandinor//�"MERR"
City Administrato
a
Human Resources Analyst
-� �4t4z,4 � 0 e e Z / -
M' hael A. Carl
Director of Human Resources
APPROVED AS TO FORM:
J=.4nn�
ZayWhMoussa
Seniuty City Attorney
47
TEAMSTERS LOCAL 911
Raymond . Whitmer
Secretary -Treasurer
Union Committee Member
Carlos Rubio
Business Representative
Union Committee Member
Renan Castro
Union Committee er
Cerissa Diaz
U ion Committee Member
Anthony inojos
U i n Committee Member
J s Moore
ion Committee Member
KNW "41� 'u
Christina Rivera
Union Committee Member
APPROVED AND ADOPTED BY CITY COUNCIL ON AUGUST 6, 2019
RESOLUTION NO. 2019-33
ATTEST:
Dated: /,g �9
STAFF REPORT
AGENDA APPROVED ITEM
City Council Agenda Item Report
Agenda ItemNo. COV-350-2019
Submitted by: Michael Earl
Submitting Department: Human Resources
Meeting Date: August 6, 2019
SUBJECT
A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between
the City of Vernon and the Teamsters Local 911
Recommendation:
A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act
(CEQA) review, because it is an administrative activity 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 2019-2022 Memorandum of Understanding by and between the City of
Vernon and the Teamsters Local 911.
Background:
The existing memoranda of understanding (MOD's) between the City of Vernon and the City's six bargaining groups
expired June 30, 2019. Pursuant to City Council direction and authority, negotiations with all six bargaining groups
began in March 2019. Labor negotiations with Teamsters Local 911, representing a variety of technical, maintenance,
and administrative City staff, have been ongoing since February 28 2019 for successor MOU's. On July 9, 2019, the
parties reached a tentative agreement on a successor MOU which was then ratified by the Teamsters membership on
July 18, 2019.
Based on the direction and authority provided by the City Council, it is recommended that City Council approve a
successor Memorandum of Understanding for the period of July 1, 2019 through June 30, 2022 that reflects the
following key provisions:
* The term of the agreement is for three (3) years from July 1, 2019 through June 30, 2022
* Revisions to the Organizational Security language to reflect court rulings that have changed membership, dues, and fee
requirements for employees represented by labor organizations.
* A three percent (30/6) Cost of Living Adjustment to salaries (COLA) effective in July of each year during the term of
the agreement
* Employees who are considered to be "Classic" employees as defined by the California Public Employees Retirement
Systems (CalPERS) will increase the amount paid towards the cost oftheir retirement benefit by an additional one
percent (1 %) per year for a total contribution of eleven percent (11 %) by the third year of the agreement
* Various minor language changes to update and or eliminated outdated or obsolete language that is either no longer in
effect or required update to reflect current practices.
The changes from the previous MOU are highlighted in the attached proposed draft 2019 - 2022 MOU.
Fiscal Impact:
AGENDA APPROVED ITEM
08/06/19, SD
The fiscal impact of these proposed changes is approximately $203.004 for fiscal year 2019/2020. Funds have been
included in the proposed FY 2019/2020 budget.
ATTACHMENTS
Resolution - Teamsters MOU 2019-2022