HomeMy WebLinkAboutRES NO 063-18RESOLUTION NO. 06 3— 18
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR EMPLOYEES OF THE BLUE
AND WHITE COLLAR UNITS AND ADOPTING SALARY
SCHEDULE AND RELATED BENEFITS.
WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City
Council to provide for salaries and related benefits for employees of the City; and
WHEREAS, in compliance with the Meyers-Milias-Brown Act of the State of
California, the City has met and conferred in good faith with the Service Employees
International Union (S.E.I.U.) which represents this City's Blue and White Collar unit;
and
WHEREAS, the City's negotiator and S.E.I.U. have agreed to a Memorandum of
Understanding, as attached hereto, and
WHEREAS, the Council has determined that such Memorandum of
Understanding complies with the guidelines established by the City Council, and
WHEREAS, the Council has determined that provisions of the attached
Memorandum of Understanding shall commence on January 1, 2017, and expire at
midnight on December 31, 2019, for all employees of said Unit employed on the date of
adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. Resolution 112-16, together with amendatory resolutions, to the extent the same
applies to employees in the Blue and White collar unit, is superseded by this
Resolution.
2. That commencing May 23, 2018, the attached document entitled "Memorandum
of Understanding between the Service Employees International Union (S.E.I.U.)
and City of Bakersfield" shall constitute the salary schedule and related benefits
for the categories and positions specified therein on the date of adoption of this
Resolution, and that the whole of said attachment is hereby incorporated and
approved as the Memorandum of Understanding between the City of Bakersfield
and Service Employees International Union (S.E.I.U.) unit for the period
beginning January 1, 2017, and expiring at midnight, December 31, 2019.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
MAY 2 3 1018 by the following vote:
✓ ✓ ✓
AYE COUNCILMEMBER, RN i�A, GONZALES. WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
S: COUNCILMEMBER ,kY.
ABSTAIN: COUNCILMEMBER
ABSENT. COUNCILMEMBER ah
CHRISTOPHER 7AERRY
CITY CLERK and EX OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED MAY 13 2018
KAREN GOH
MAYOR of the City of Bakersfield
APPR�O D as to form:
V✓ 1'I � 0. iG/
VIRGINIA GENN RO
CITY ATTORNEY of the City of Bakersfield
Attachments
PAIGINAL
Final
MEMORANDUM OF
BAKERSFIELD SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 521
AND
CITY OF BAKERSFIELD
January 1, 2017 - December 31, 2019
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TABLE OF CONTENTS
ARTICLE
1
PURPOSE...........................................1
ARTICLE
2
RECOGNITION.......................................1
ARTICLE
3
TERM OF AGREEMENT.................................1
ARTICLE
4
RENEWAL...........................................2
ARTICLE
5
MAINTENANCE OF BENEFITS ...........................2
ARTICLE
6
REPRESENTATION - UNION OFFICERS ...................2
ARTICLE
7
UNION STEWARDS....................................3
ARTICLE
8
NO STRIKE OR LOCKOUT ..............................4
ARTICLE
9
MANAGEMENT RIGHTS.................................4
ARTICLE
10
MAINTENANCE OF MEMBERSHIP .........................4
ARTICLE
11
RIGHT TO REPRESENTATION ...........................5
ARTICLE
12
PROCESSING OF FORMAL GRIEVANCES ...................5
ARTICLE
13
EQUAL OPPORTUNITY EMPLOYMENT ......................9
ARTICLE
14
PERS PICK-UP......................................9
ARTICLE
15
COMPENSATION .....................................
10
ARTICLE
16
STAND-BY PAY .....................................
10
ARTICLE
17
CALL-BACK ........................................
11
ARTICLE
18
RETIREMENT .......................................
11
ARTICLE
19
PROMOTIONS .......................................
12
ARTICLE
20
CITY INSURANCE CONTRIBUTION ......................
12
ARTICLE21
SAFETY ...........................................
13
ARTICLE
22
TRAINING .........................................
15
ARTICLE
23
PREMIUM COMPENSATION .............................
15
ARTICLE
24
HOLIDAYS .........................................
17
ARTICLE
25
SHIFT ASSIGNMENTS ................................
18
ARTICLE
26
SHIFT DIFFERENTIAL ...............................
19
ARTICLE
27
UNIFORM/FOOTWEAR ALLOWANCE .......................
19
ARTICLE
28
TOOL ALLOWANCE ...................................
20
ARTICLE
29
BILINGUAL PAY ....................................
20
ARTICLE
30
COMPENSATORY TIME ................................
20
ARTICLE
31
OVERTIME .........................................
21
ARTICLE
32
SICK LEAVE .......................................
21
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TABLE OF CONTENTS
ARTICLE 33 PERSONAL NECESSITY LEAVE ......................... 22
ARTICLE
34
DEFERRED COMPENSATION PLAN ....................... 22
ARTICLE
35
PAYROLL DEDUCTIONS ...............................
22
ARTICLE
36
CLASSIFICATION REQUESTS ..........................
22
ARTICLE
37
LONGEVITY PROGRAM ................................
23
ARTICLE
3E
RETIREE MEDICAL ..................................
23
ARTICLE
39
TRAINING STEP ....................................
25
ARTICLE
40
DRUG TESTING .....................................
25
ARTICLE
41
COURT CALL BACK ..................................
26
ARTICLE
42
VACATION .........................................
27
ARTICLE
43
CERTIFICATION PAY ................................
27
ARTICLE
44
JURY DUTY ........................................
29
ARTICLE
45
IRS 125 PROGRAM ..................................
29
ARTICLE
46
RESIDENCY REQUIREMENT ............................
29
ARTICLE
47
PAYROLL CHANGES ..................................
29
ARTICLE
4E
AGENCY SHOP ......................................
30
ARTICLE
49
NEW HIRE INFORMATION/NEW EMPLOYEE ORIENTATION .... 30
ARTICLE
50
UNION BULLETIN BOARD .............................
31
ARTICLE
51
SDI ELECTION .....................................
31
ARTICLE
52
COMMITTEES .......................................
31
ARTICLE
53
PROBATIONARY PERIOD ..............................
32
ARTICLE
54
LINE OF DUTY DEATH BENEFIT .......................
32
ARTICLE
55
SEVERABILITY .....................................
32
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NEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF BAEERSPIRLD AND
SERVICE EMPLOYEES INTERNATIONAL unrom, LOCAL 521
The duly authorized representatives of the City of Bakersfield,
herein after referred to as "the City" and the Service Employees
International Union, Local 521 hereinafter referred to as "the
Union", having met and conferred in good faith concerning the issues
of wages, hours and other terms and conditions of employment, as
herein set forth, declare their agreement to the provisions of this
Memorandum of Understanding.
ARTICLE 1 — PURPOSE
It is the purpose of this Memorandum of Understanding to promote and
provide the harmonious relations, cooperation and understanding
between Management and the employees covered by this Memorandum; to
provide an orderly and equitable means of resolving any
misunderstanding; and to set forth the full and entire understanding
of the parties reached as a result of good faith meeting and
conferring regarding the wages, hours and other terms and conditions
of employment covered by this Memorandum.
ARTICLE 2 — RECOGNITION
Section 1. Pursuant to the provisions of the City Employer—Employee
Relations Ordinance, Supplemental Rules and Regulations and
applicable State law, the Service Employees International Union, is
recognized as the majority representative of the City employees in
the Blue Collar Unit and While Collar Unit and as the exclusive
bargaining agent for the employees in said Units.
Section 2. The term "employee" or "employees" as used herein shall
refer only to the regular and probationary employees employed by the
City in said Unit in the employees classifications comprising said
Units as well as such classes as may be added hereafter by mutual
agreement between the city and the Union according to the provisions
of the City Employer—Employee Relations Ordinance.
Section 3. Nothing contained in this Memorandum shall prohibit any
employee of the Blue Collar Unit or white Collar Unit of the City of
Bakersfield, who is not a member of the Union from appearing in
his/her own behalf in his/her employment relations with the City.
ARTICLE 3 — TERM OF AGREEMENT
The City and the Union agree that the term of this Agreement shall
commence on January 1, 2017, and expire at 12:00 midnight on December
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Starting April 1, 2019, the City and Union agree to reopen
negotiations on the subject of salary and up to two other articles
selected by the Union. Any necessary impasse procedures will continue
through mediation only.
Upon ratification, the parties will meet and confer regarding the
SEIU originally proposed equity adjustments.
ARTICLE e — RESM11A-
Except as provided herein, the City and the Union agree that, for the
term of this Agreement, each party waives the right and each agrees
that the other party shall not be obligated to meet and confer with
respect to any subject or matter pertaining to or covered by this
Agreement, except as to meeting and conferring over the renewal or
continuation of this Agreement. The City and the Union further agree
that meeting and conferring over the renewal or continuation of this
Agreement shall be initiated and conducted in accordance with the
applicable sections of the City of Bakersfield Employer—Employee
Relations ordinance, Supplemental Rules and Regulations and that
every effort will be made to reach an agreement prior to the
expiration of this Agreement on December 31, 2019. Negotiations for
the successor agreement will commence by October 1, 2019 It is
further agreed that nothing in this Agreement shall in any way
diminish the rights of the employees, the City or the Union as
established by the Meyers—Milias—Brown Act of the State of California
and all amendments thereto, except as herein provided.
ARTICLE 5 — MAINTENANCE OF BENEFITS
Section 1. The City and the Union agree that the following benefits
shall remain in full force and effect for the duration of this
Agreement: Hours of Work, Call—Back, Overtime, Jury Duty, Sick Leave
and vacation except as modified herein.
Section 2. It is understood that existing ordinances, resolutions
and policies of the City cover matters pertaining to employer—
employee relations including, but not limited to, salaries, wages,
benefits, hours and other terms and conditions of employment.
Therefore, it is agreed that all such ordinances, resolutions and
policies including the City of Bakersfield Employer—Employee
Relations Ordinance, Supplemental Rules and Regulations are hereby
incorporated herein as though set forth in full.
ARTICLE 6 — REPRESENTATION — UNION OFFICERS
Section 1. The city and the Union agree that Union Officers and
Representatives will be allowed to meet with City Management on City
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time for the purpose of meeting and conferring in good faith without
loss of pay or any benefits.
Section 2. The Union agrees to provide the City Human Resources
Manager with a list of the Union Officers and Representatives with
their job classification, who are authorized to meet and confer in
good faith.
Section 3. The City agrees that authorized Union staff members shall
be given access to work locations during working hours to conduct
Union grievance investigations and/or observe working conditions.
Such visits are to be made in accordance with the procedures outlined
in the applicable sections of the City of Bakersfield Employer—
Employee Relations Ordinance, Supplemental Rules and Regulations.
Section 4. The City agrees to allow authorized Union representatives
access in City facilities before and after working hours in order to
present facts regarding benefit programs.
ARTICLE 7 — UNION STEEARBB
Section 1. The City agrees that the Union may designate up to twenty
(20) Stewards per Bargaining Unit to represent employees in the
processing of grievances. It is further agreed the Union may
designate alternate Stewards for use when a Steward is on an approved
leave of absence or vacation.
Section 2. The Union shall furnish Management Representatives with a
written list identifying by name and work location all regular and
alternate Stewards. The list shall be kept current by the Union at
all times.
Section 3. The Steward is to begin investigating a grievance only
after the employee has tried to resolve the problem with his/her
immediate supervisor and the two parties failed to reach a resolution
of the problem.
Section 4. Union Stewards may be elected to serve as an officer
or Director of the Board of Directors for the Union. The members can
also be elected to serve as an Advisory Board Member of the Union,
which acts as a bridge between the Board of Directors and the
Members. The City shall allow these members to have release time for
these special union activities. In addition, periodically Union
Stewards are called upon to serve the Union for the benefit of
members. In these times, the City shall also allow these members to
have release time for these special union activities. No more than
two (2) employees, two (2) days of release time each shall be allowed
per month with an annual accumulative total of fifteen (15) days.
Normal time off approval request procedures apply. If used, the City
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of Bakersfield shall invoice the Union for the hourly cost of
employees plus the cost of benefits for the day(a) used.
ARTICLE 8 — SO STRIKE OR LOCKOUT
The City and the Union agree that during the term of this Agreement
the City will not lockout employees and the Union will not engage in
labor practices detrimental to providing services to the citizens of
Bakersfield; or detrimental to the interests of the City, nor will
the Union sanction, support, condone, approve or engage in any
strike, sick—in, slow down, work stoppage or speed ups. The City and
the Union further agree that all matters of controversy coming within
the scope of this Agreement will be settled by established grievance
procedures.
ARTICLE 9 — MANAGEMRMf RIGHTS
The parties hereto recognize the City has and will retain the
exclusive right to manage and direct the performance of City services
and the work forces performing such services. The City and Union
agree that nothing in this Memorandum of Understanding shall in any
way abridge, restrict or modify the rights and prerogatives of the
City and its employees as set forth in Sections 3.16.040, 3.16.050
and 3.16.060 (c) of Ordinance No. 2154 and said sections are hereby
incorporated by this reference and made a part hereof as though set
forth in full.
The City shall, however, give the Union reasonable notice of any plan
to contract work currently performed by Union Members. Upon request,
the City will meet with the Union to explain the reason for the
decision to contract out and to solicit Union views on the proposal.
Nothing in this section shall be construed to limit the right of the
City Council to contract out work in its sole discretion.
ARTICLE 10 — MAINTENANCE OF MEMBERSHIP
Section 1. Any employee covered by this agreement who is a Union
member, or becomes a Union member, shall continue to pay to the Union
those dues or fees regularly charged members of the Union in good
standing for the life of this agreement. Any new employee covered by
this Agreement who voluntarily joins the Union, shall be subject to
the same terms of continued membership as employees above.
Section 2. Every employee who is a member of the Union shall have
the right to withdraw from membership during the last thirty (30)
days of this Agreement. An employee who has properly withdrawn
membership as provided herein shall be subject to the provisions of
Article 48 Agency Shop.
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ARTICLE 11 — RIGHT TO REPRESENTATION
The City shall advise the employee of his/her right to be represented
by the Union or other representation of his/her choosing at any
meeting in which disciplinary action is to be imposed or at which
disciplinary action might reasonably be expected (by the employee) to
be imposed. It is the responsibility of the requesting member to
secure representation of their choosing. Disciplinary investigations
are included in this section. If the employee elects to have
representation present, and none is immediately available, the
meeting will be postponed for up to forty-eight (48) hours not
including Saturdays, Sundays, or holidays, in order to permit the
employee to obtain representation within or beyond the 48 hours.
There is no right to representation during meetings where the
employee is not suspected of wrongdoing. For example, such meetings
include, but are not limited to, work related instruction, questions,
performance evaluations, etc. If the City advises the employee that a
meeting does not involve potential discipline there is no right to
representation.
ARTICLE 12 — PROCESSING OF FORMAL GRIEVANCES
Section 1. Grievance Procedure.
A. Matters Subject to Grievance Procedure. All employees
in the city service shall have the right to present a
grievance regarding dissatisfaction with some phase
of his or her job or relations with others on the job
which is outside his or her scope of control.
B. objective. Objective of grievance procedure shall be:
1. To promote improved employee -employer relations
by establishing grievance procedures on matters
for which appeal of hearing is not provided by
civil service board rules;
2. To afford employees individually or through
qualified employee organizations, a systematic
means of obtaining further consideration of
problems after every reasonable effort has failed
to resolve them through discussions;
3. To provide that grievances shall be settled as
near as possible to the point of origin;
4. Encouragement that grievances should be heard and
settled as informally as possible.
C. Individual Informal Grievance Procedure. An employee
who feels he or she has a grievance should attempt to
resolve this grievance by discussion with his or her
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immediate supervisor without undue delay. If after
such discussion, the employee does not feel the
grievance has been satisfactorily resolved, he or she
shall have the right to discuss the matter with the
chain of command including his or her department
head. Every effort should be made to resolve the
grievance by informal means at the most immediate
level of supervision. If the employee is not in
agreement with the decision reached through such
informal discussions, he or she shall have the right
to file a request for a formal grievance in writing
with his or her superior or department head. An
informal grievance shall not be taken above the
department head.
D. Individual Formal Grievance Procedure. After
exhaustion of the informal grievance procedure, the
grievance shall be put in writing and shall proceed
on the following levels of review:
1. Department or Division Review. The employee shall
file his or her grievance in writing with his or
her department head who shall discuss the
grievance with the employee. The department head
shall render his or her decision and comments to
the employee in writing within fifteen calendar
days. If the employee does not agree with the
decision reached or if no answer is received from
the department head within fifteen calendar days,
he or she may present the grievance in writing to
the city manager. Failure of the employee to take
further action within ten calendar days after
receipt of the decision or within a total of
twenty-five calendar days if no decision is
rendered, will constitute withdrawal of the
grievance.
2. City Manager Review. Upon receiving the
grievance, the city manager or designated
representative shall discuss the grievance with
the employee and all other appropriate persons.
The city manager may appoint a fact finding
committee or an officer not in the normal line of
supervision to investigate and advise him or her
concerning the grievance. The city manager shall
render a decision in writing to the employee
within twenty calendar days after receiving the
grievance. The decision of the city manager shall
be final in all cases unless the grievance is
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subject to policy review by the city council. In
such cases, the city manager shall then refer the
matter to the appropriate council committee.
E. Employee Organization Grievance Procedures.
1. A recognized official of an employee organization
may submit written grievances on behalf of the
organization or an employee to the appropriate
department head with a copy filed with the city
manager;
2. The department head shall render a written
decision within fifteen calendar days within
receipt of the written grievance unless a
mutually agreed upon extension of time is set; a
copy of the department head's decision will be
filed with the city manager;
3. If the employee organization is not satisfied
with the decision rendered by the department
head, they may request a city manager review of
the grievance within ten calendar days of receipt
of the department head's decision; failure of the
employee organization to take further action
within ten calendar days after receipt of the
department head's decision or within a total of
twenty-five calendar days if no decision is
rendered, will constitute withdrawal of the
grievance; the city manager shall render his or
her written decision within twenty calendar days
after receiving the grievance; the city manager's
decision shall be final in all cases unless the
grievance is subject to policy review of the city
council; in such cases, the city manager shall
refer the matter to the appropriate council
committee.
P. Conduct of Grievance Procedure.
1. The time limits specified in this section may be
extended by mutual agreement of the employee or
employee organization and the reviewer concerned;
2. The employee may request the assistance of
another person of his or her own choosing in
preparing his or her written grievance;
3. Employees are assured freedom from reprisal for
use of grievance procedures. (Prior code S
3.14.300)
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Section 2. Administration of the Grievance Procedure.
1. The Union agrees that whenever investigations or processing of a
grievance is to be transacted during working hours, only the
amount of time necessary to bring about a prompt disposition of
the matter will be utilized.
2. Stewards will be permitted reasonable time off with pay for the
investigation and processing of grievances. Stewards, when
leaving their work locations to transact such investigations or
processing, shall first obtain permission from the Department
Head or his/her designees and inform him/her of the nature of
the business. Permission to leave will be granted promptly
unless such absence would cause an undue interruption of work.
3. Upon entering a work location, the Steward shall inform the
cognizant Department Head and Supervisor of the nature of
his/her business. Permission to leave the job, but not the
location, will be granted promptly to the employee unless such
absence would cause undue interruption of work. If the employee
cannot be made available the Steward will be immediately
informed when the employee will be made available.
4. The parties agree that all formal grievances will be processed in
accordance with the City's grievance procedure. The parties
also agree that any grievance over the interpretation of the
terms and conditions of this Agreement may be submitted through
the grievance procedure for resolution.
5. The City agrees to alter its formal grievance procedure as
follows: Grievances which are not settled pursuant to the
grievance procedure at the City Manager's level shall be further
considered in the following manner: Upon written response from
the City Manager, the affected employee shall have the option of
a third party advisory review.
Such advisory review shall be conducted as follows:
A. The City and Union shall select one representative for the
purpose of selecting a third party who shall hold a hearing
for the purpose of reviewing the City Manager's decision.
B. The agreed to third party, shall, as soon a practical, but
not later than thirty (30) days, hold closed hearings on
the grievance which shall be held in conformity to normal
hearing procedures.
C. Either the City or the Union may call any employee as a
witness and the City agrees to release said witness from
work if he/she is on duty. Any employee called as a
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witness by the City Shall be debited for any hours not
worked while on such call. Employees called by the Union
may be reimbursed by the Union for any loss of pay for time
off.
D. The third party shall have no power to alter, amend,
change, add to or subtract from any of the terms of this
Memorandum. The opinion of the third party shall be based
solely upon the evidence and arguments given by the
respective parties in the presence of each other.
E. Either party my be represented by legal counsel.
F. Parties shall pay their own expenses except for the third
party whose expenses shall be shared equally.
G. The opinion of the third party shall be strictly advisory
and shall be submitted to the employee or his/her
designated representative and to the City Manager for
his/her further consideration.
H. No opinion of the third party shall require the exercise of
the legislative authority of the City Council nor shall it
contravene any existing City ordinance, City Charter or
State law. The opinion of the third party shall be in
writing within twenty (20) days from the close of the
hearing.
ARTICLE 13 — EQUAL OPPORTUNITY EMPLOYMENT
The City and the Union agree that the provisions of this Agreement
shall be applied equally to all employees covered herein without
favor or discrimination because of race, creed, color, sex, age
handicap, marital status, national origin, political or religious
affiliations or union membership.
ARTICLE 14 — PERS PICK—UP
Except as provided in Article 18 below, at the beginning of the
employee's sixth (6") cumulative year of service, the City will pay
the full portion of the normal contributions required to be paid by
the employee to the Public Employees' Retirement System. Effective
with the implementation of the 38 at 60 retirement program, City
agrees to pay one (18) percent of the employee's retirement
contribution for employees with less than six (6) cumulative years of
service. The City will pay the full portion of the contribution at
the beginning of the employee's sixth (0) cumulative year of
service. Employees hired subsequent to February 22, 2006 will not
receive this one (1%) percent contribution. Such payments by the City
shall be reported as normal contributions and shall be credited to
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said employees' accounts pursuant to Government Code Section 20615.
This PERS pick-up is done in accordance with Section 4148 (2) of the
internal Revenue Code.
This article is not applicable to employees hired after January 1,
2013, that are not deemed "classic" members, as a result of the
public Employees, Pension Reform Act of 2013 (PEPRA).
ARTICLE 15 - COMPENSATION
Unless otherwise agreed by the parties salaries shall remain
unchanged for the term of this agreement.
Every active employee of the Blue and White Units employed as of July
1, 2018 shall receive a one-time payment of seven hundred and fifty
($750) dollars with payment being made the second pay period in July
ARTICLE 16 - STAND -Sy PAY
The City and the Union agree that when an employee is designated by
management to be available to return to work at any time during
specific hours outside of normal working hours the employee shall
receive forty dollars ($40) per each eight (8) hours on Controlled
stand-by or faction thereof. Such pay shall be in addition to any
call-back compensation. To the extent feasible, the parties agree
that controlled stand-by shall be assigned on an equitable basis to
all eligible employees possessing the requisite skills.
Controlled Stand
Standby time is controlled where the City of Bakersfield requires an
employee during a specific time period to be within (45) minutes
driving time from the City limits to the work place or location where
the employee is to report. The rate of pay for controlled standby
time is the ($40) dollars per eight (8) hour shift. An employee on
controlled standby time is expected to:
A. Be ready to respond immediately to calls for service.
B. Be accessible by telephone, pager or City radio.
C. Remain a reasonable distance, within (45) minutes driving time
from the City.
D. Refrain from activities that may impair the ability of the
employee to perform the assigned duties.
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Uncontrolled Standby
Uncontrolled standby time is
the workplace and is required
his/her designee of where/how
employee's activities are not
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uncontrolled where the employee leaves
merely to inform his/her Supervisor of
the employee may be contacted, but the
restricted.
ARTICLE 17 - CALL-RACA
Section 1. An employee who is directed to return to work to perform
additional services after completion of his regular work period shall
be authorized a minimum of two hours of work.
Section 2. Any call-back during which the employee performs two or
more hours of work shall entitle him to an authorized credit for the
number of hours actually worked completed to the nearest one-tenth of
an hour (six minutes).
Section 3. In computing work hours during a call-back, employees
will be credited up to 30 minutes travel for both reporting and
returning home following call-back. The travel time will be included
in the two-hour minimum covered in (A) above.
Section 4. Any call-back which occurs prior to and which continue
through the beginning of the employees regular work period shall not
entitle the employee to the two-hour minimum. The call-back shall
entitle the employee to an authorized credit of the number of hours
actually worked computed to the nearest one-tenth of an hour (six
minutes).
Section 5. Call-back hours which result in additional hours to the
basic work week or work period shall be credited to the employee as
compensatory time off or paid, as determined by the department head
at the employee's applicable overtime rate.
Section 6. The City will discuss appropriate circumstances for phone
calls at home with Supervisory personnel.
The parties will continue to discuss call-back issues on a department
by department basis.
ARTICLE 18 — RETIREMENT
Section 1.
Tier One: For miscellaneous employees hired on or before, December
20, 2008, the City shall maintain a contract with Ce1PERS for the
provision of a 38 @ 60 (highest 12 months) retirement benefit
formula. Tier one employees pay .58 of the employee retirement
contribution.
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Section 2.
Tier Two: For "classic" CalPERS members hired on or after December
20, 2008, the City shall maintain a contract with CalPERS for the
provision of a 2.78 @ 55 (average of the highest 36 months of
service) retirement benefit formula pursuant to CalPERS requirements.
At the beginning of the employee's sixth (6`") cumulative year of
service the City will pay seven and one-half (7.58) percent of the
employee retirement contribution. Concurrently, Tier two employees
shall pay .58 of the employee retirement contribution.
Section 3.
Tier Three: For employees hired on or after January 1, 2013 and
classified as "new" members of Ca1PSRS as defined by Public Employees
Pension Reform Act (PEPRA), the City shall maintain a contract with
CHAFERS for the provision of a 28 @ 62 (highest 36 months) retirement
benefit formula. Also pursuant to PEPRA, these employees are
responsible for paying one-half of the normal cost of this retirement
plan.
section 6.
These plans include the Military Service Credit option and the option
2 Death benefit.
ARTICLE 19 - PROMOTIONS
The City agrees that whenever there are, in the employ of the City, a
sufficient number of employees who meet the minimum qualifications
for an open position and have performed at the standard level or
above, the job examination for that position shallbe given on a
promotional basis.
ARTICLE 20 - CITY INSURANCE CONTRIBUTION
Medical vision and Dental Benefits. The City and employees shall
share bi-weekly contributions towards a medical, vision and dental
plan for all employees of these Units subject to the following
contributions:
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Fee Dental
HMO Dental
Fee Dental
Dental HMO
Fee Health
HMO Health
HMO Health
Fee Health
Employee
vision
Vision
vision
vision
Contribution
Employee
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808
801
201
Only
Employee
80%
801
Bob
808
20%
it
Family
80%
not
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20%
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The City and Union have agreed that all future meeting and conferring
and decisions regarding the structure of medical/dental insurance
coverage's shall take place through the Joint City/Employee Medical
Insurance Committee. The Committee shall consist of representatives
from each Unit and the City. There shall be a good faith effort to
make all decisions by October 31st of each year. Discussions as to
the City's contribution toward medical/dental insurance shall
continue to be determined through the formal meet and confer process
between the City and the individual Units.
The 808/206 premium split shall remain in effect unless an
alternative agreement has been reached. Any changes to the health
plans shall follow the existing process noted in this Article,
whereby the City will meet with the Insurance Committee.
Life Insurance. The City currently provides for Life Insurance of
$30,000. Employees have the option of buying additional Life
Insurance beyond $30,000 at their expense, subject to carrier
conditions.
Disability Insurance. Employees in the Blue and White Collar Units
may voluntarily participate at their expense, in the long-term
disability program currently offered to Supervisory and Management
employees. The terms and conditions for this benefit shall be the
same as provided for Supervisory and Management employees.
ARTICLE 21 - SAFETY
Section 1. The City and the Union agree to abide by all provisions
of the California Plan approved in accordance with the provisions of
the Federal Occupational Safety and Health Act of 1970 and any
legislation as may be passed by the State of California to implement
that plan.
Section 2. The City agrees that any safety courses the employees are
required to take will be provided on City time with pay.
Section 3. The City agrees to maintain a Safety Program in
accordance with and where required by law.
Section 4. The Union agrees to support without qualification, the
City's Safety Program and will encourage its members to attend safety
courses and to obtain First Aid Certificates if required by the City
and made available on City time.
Section 5. Both the City and the Union recognize the need and will
strive to reduce the number of industrial injuries among the
employees. Employees are expected to report for work in suitable
clothing including appropriate footwear for the type of work to be
performed.
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Section 6. It is the duty of Management to make every reasonable
effort to provide and maintain a safe place of employment. The Union
will cooperate by encouraging all employees to perform their work in
a safe manner. It is the duty of all employees in the course of
performing their regularly assigned duties to be alert to unsafe
practices, equipment and conditions and to report any such unsafe
practices or conditions to their immediate supervisors. If such
condition cannot be satisfactorily remedied by his/her immediate
supervisor, any employee has the right to submit the matter either
personally or through the Steward to his/her Department Head or
his/her designated representative.
Section 7. Classifications, designated by Risk Management or
mandated by regulation, shall be provided with hepatitis
vaccinations.
Section S. Light Duty. When due to injury or illness, whether or
not the injury or illness is work related and the employee is unable
to perform his/her usual duties, the employee may work in a light-
duty capacity based on the following conditions:
A. An employee may work light duty only upon approval of the
Department Head upon the recommendation of the appointed City
Physician, and only to the extent that the employee's illness or
injury is not further aggravated by working in this capacity,
nor is a hazard created for other employees.
H. Human Resources Division, working with the city departments,
will identify potential light duty assignments. The employee
may perform a light duty assignment within any City department,
as determined by the City. The City will determine the
availability and duration of light duty assignments.
C. Individuals will not be assigned to light duty if there is a
chance that doing so might result in liability against the City,
as determined by the City.
D. An employee shall accept light duty assignments, if offered, if
his/her illness/injury is job related.
E. An employee denied a requested light duty assignment will be
provided a written explanation, if requested.
F. Industrial light duty assignments have precedence over non-
industrial assignments.
Section 9. Safety Equipment. The City and the Union agree that the
City will either provide all safety equipment required by the City or
will reimburse the employee for purchasing the equipment whenever
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such equipment has been required by the City as necessary on the job.
Such equipment shall include, but not be limited to, safety shoes,
safety glasses, helmets, gloves, boots, life jackets and all related
safety items. Hoth parties agree that the City shall retain the
right to determine the minimum specifications of the safety
equipment, procurement procedures and limitations and exclusions.
Section 10. Safety Committee. The Union will be allowed to appoint
one member from each bargaining unit to serve on the City's Safety
Committee.
ARTICLE 22 — TRAINING
The City and Union recognize that the training programs and the
advancement of employees to positions of higher skills are matters of
great importance and interest to the City, the Union and the
employees covered by this Agreement. The City and Union agree that
all costs and time for training or instruction required by the City
shall be paid by the City; however, the City shall retain the right
to determine what training is required for the employee to improve
his/her performance on the job and to make such training a condition
of employment. Whenever possible and practical, the City will rotate
the scheduling of employees into training programs in order to assure
employees an equal opportunity in advancing to higher
classifications.
ARTICLE 23 — PREMIUM COMPENSATION
The City and the Union agree that it is the intent of Departmental
Management, whenever possible, to avoid working an employee out—of—
classification for a prolonged period of time.
Section 1. Acting Appointment- The City and the Union agree that
Department Heads, with the approval of the City Manager, may assign
the full range of duties and responsibilities of a vacant position to
a qualified regular employee for a period of time not to exceed six
months. Such appointment in excess of six months may be made with the
approval of the appropriate civil service board. The compensation for
the action appointment shall be within the salary range of the class
so assigned with a minimum of 58.
Section 2. Temporary Assignment- The City and the Union agree that
assigning an employee to perform the duties of a higher class will
occur only to meet work requirements within the City. When performing
duties assigned by the Supervisor, for the majority of the scheduled
shift, the employee shall be compensated for the full work day at
base rate.
All premium pay practices will conform with PERS rules.
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The following table outlines the premium rate per grade temporarily
assigned above permanent assignment.
If percentage difference between classifications is:
Range I%)
Premium rate (e)
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5
20-29
10
3D-39
17
40-49
25
50-59
34
60-69
43
The range percentage is the difference between an employee's regular
grade at step 1 compared to the higher grade at step 1. Department
Head approval will be required if range percentage is 701 and above.
The premium rate column is equivalent to an employee at step 4 of
their current grade receiving step 2 of the higher grade.
Section 3. The City and the Union agree that when an employee is
assigned as follows, they shall receive a five percent (56) increase
during the period of such lead assignment:
A. When any Blue Collar or White Collar employee is assigned
responsibility over any work release or community service
workers.
B. When any White or Blue Collar employee is assigned lead worker
responsibility over a crew of three (3) or more temporary, extra
help or full-time employees and whose job description does not
include lead responsibilities. A crew of three (3) means, a
crew of three (3) including the lead worker.
C. Unless a supervisor is present, a lead employee is to be
designated and paid lead assignment pay for the night sweeper
crew.
D. Except in emergency situations, the City will continue the
current practice of assigning work release or community service
workers to employees who have voluntarily accepted the
responsibility and completed any required training.
E. when Service Maintenance Workers in the Sewer Division are
assigned lead responsibility on a two -person truck, they will be
considered as working at the Sewer Maintenance II level and paid
out -of -classification assignment.
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ARTICLE 24 — HOLIDAYS
Section 1. All eligible employees in the Blue and White Collar Units
shall observe the following eight—hour holidays with pay;
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
New Year's Day
Three Floating Holidays, as provided below.
Employees shall also receive every day designated by the City Council
as special holidays in commemoration or in memorial of an
extraordinary occurrence as paid holidays.
Section 2. Whenever a holiday falls on a Sunday, the following
Monday shall be observed. Whenever a holiday falls on a Saturday,
the previous Friday shall be observed as a holiday.
Section 3. Employees assigned to seven—lay per week shift schedules
shall observe the actual, not the observed holiday. Those days are
Independence Day, Veterans Day, Christmas Day and New Years Day.
Section 4. Floating Holidays - Each employee in the Blue and White
Collar Unit, who is employed by the City when a floating holiday is
credited, shall be eligible for that floating holiday. Floating
holiday(s) must have prior departmental approval and shall be
consistent with the efficient operation of the affected department
and its activities.
A. Floating holidays shall be utilized as follows on years that
Christmas and New Years fall on:
1. Saturday, Sunday, or Monday, three floating holidays will
be credited to employees.
2. Tuesday, Wednesday, or Friday, Christmas and New Years Eve
will be observed as full day holidays and one floating
holiday will be credited each employee.
3. Thursday, the Fridays following Christmas and New Years
will be observed as full day holidays and one floating
holiday will be credited each employee.
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4. Floating holidays not observed as Christmas or New Year's
Eve shall be credited and available by July 1 of each year.
Section 5. Solid Waste Holidays - The Solid Waste Division has two
types of field operations which normally work either a five day or
four day work week:
A. Refuse Collection Yard Operations:
Employees on a five day work week schedule may also be required
to work designated holidays which fall within their normal work
schedule, excluding New Year's Day, July 4t°, Thanksgiving Day,
Christmas Day, and those days the disposal facility is closed.
Employees actually working any of the designated holidays will
receive time and one half pay for the hours worked that day, in
addition to the eight hour holiday pay.
For the purpose of completing the weekly refuse collection cycle
after a holiday which closes operation, employees may also be
required to work the Saturday after the holiday and will receive
time and one half pay for the hours worked that day.
B. Recycling Facilities Operations:
Employees on a four day work week schedule may also be required
to work designated holidays which fall within their normal work
schedule, excluding New Years Day, July 4`h, Thanksgiving Day,
and Christmas Day. Employees actually working any of the
designated holidays will receive time and one half pay for the
hours worked that day, in addition to the eight hour holiday
pay.
Section 6. During the time of any leave of absence without pay
employees will not be eligible for Holiday Pay.
ARTICLE 25 — SHIFT ASSIBNIONTS
The City agrees to continue its present practice at the Public Works
Department in scheduling shift assignments. if changes are made, the
City will meet and consult with the Union prior to making said
changes.
The City and Union agree that to meet the needs of the Police
Department the following factors shall be considered in making
assignments for employees in the Police Service Technician
classification:
special skills
Experience
Seniority
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Accommodation of education schedules
Other factors, as determined by the Chief of Police
The City and Union specifically acknowledge the need to balance
experience and inexperienced Police Service Technicians on all
shifts. Appointments shall be made at the sole discretion of the
Department.
ARTICLE 26 - SHIFT DIFFERENTIAL
Section 1. A shift differential of $•90 per hour shall be paid any
employee when the majority of their shift falls between the hours of
3 p.m. and 12 midnight.
Section 2. A shift differential of $1.25 per hour will be paid any
employee when the majority of their shift falls between 12 midnight
and 7 a.m.
ARTICLE 27 - UNIFORM/FOOTWEAR ALLOWANCE
Section 1. Uniform Allowance - All employees in the Blue Collar Unit
required to wear uniforms will be furnished such uniforms at no cost
to the employees. The City shall provide employees with eleven (11)
uniforms during each bi-weekly uniform cleaning cycle.
A. Except for Police Service Technicians, non -safety personnel
employed in the Police Department, who are required by the Chief
of Police to wear a uniform, and Fire Dispatchers, shall be
provided with a Five hundred eighty dollars ($580) per year
uniform allowance. Animal Control Officers (ACO), Police Service
Technicians (PST) and Fire Prevention Personnel required to wear
a uniform shell receive a Eight hundred fifty dollars ($850) per
year uniform allowance. This allowance is to be paid on a bi-
weekly basis to meet Ca1PERS requirements. The City shall provide
at no cost to the employee all required patches and chevrons.
B. The City shall provide all employees required to wear uniforms,
provided through a uniform service with a choice of 1008 cotton
or poly blend uniforms.
Section 2. Safety Pootwear Allowance - The City shall provide a
safety footwear reimbursement of up to One hundred twenty five
dollars ($125) annually, for a maximum of two (2) pairs of Department
Head (or designee) approved safety footwear per calendar year.
Reimbursement will be approved with the original receipt for those
specific classifications listed with Human Resources.
The City and the Union both reserve the right to make changes to add
or delete classifications from the list upon mutual agreement.
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During the time of any leave of absence without pay employees will
not be eligible for uniform or footwear allowance.
ARTICLE 28 - TOOL ALLOWANCE
Employees in the following classifications who are employed as of
January 1, and are required to provide a complement of hand tools as
approved by the Public Works Director, shall be reimbursed by the
City for approved tool purchases:
Equipment Mechanics Up to $425.00
Fleet Service Worker II Up to $300.00
Fleet Service Worker I Up to $300.00
Fleet Service Worker II shall provide two-thirds (2/3) of the full
tool set as per the established tool list. Fleet Service Worker I
shall provide one-third (1/3) of the full tool set to be determined
by management.
Tools purchased pursuant to this Section remain the property of the
employee.
ARTICLE 29 - BILINGUAL PAY
Employees who have been designated by the City Manager and regularly
utilize bilingual skills in their job or as a departmental translator
for the City, shall receive Thirty-five dollars ($35) bi-weekly for
such services. To be eligible, an employee must pass a test
demonstrating their bilingual conversational fluency and will be
subject to periodic retest.
The City Manager shall designate qualifying languages and authorize
the number of positions to receive bilingual pay based upon the needs
of the City. Notwithstanding the above, all personnel shall utilize
any language skills they possess to the beat of their ability in
handling their responsibilities on a non -regular basis without
compensation.
During the time of any leave of absence without pay employees will
not be eligible for bilingual pay.
ARTICLE 30 - COMPENSATORY TINE
The accumulation of compensatory time shall not exceed eighty (80)
hours. Any compensatory time in excess of eighty (80) hours shall be
automatically paid if management is unable to schedule the time off.
The use of comp time shall be scheduled through mutual agreement
between the employee and management. Management may establish the
time off for comp time in excess of forty (40) hours where mutual
agreement cannot be reached. Employees retain the right to cash
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payment for any comp time on the books, subject to budgetary
restraints.
ARTICLE 31 — OVERTIME
Overtime worked must receive pre -approval. All overtime compensation
shall be in the form of compensatory time, unless pre -approved for
cash payment. Overtime compensation is credited at one and one-half
times the employee's regular rate of compensation. Overtime
compensation will be credited only for those hours in excess of the
employee's regular scheduled workday or the 40 -hours workweek.
ARTICLE 32 — BICE LEAVE
Blue and White Collar unit employees accrue sick leave at the rate of
twelve (12) days per calendar year, with a maximum accrual of one
hundred twenty (120) days. An employee who has an accrued balance at
the end of the calendar year, which exceeds one hundred twenty (120)
days, will receive one hundred percent (1008) of his/her accruals in
excess of 120 days as vacation and may convert and be paid for up to
seventy-five percent (758) of that amount of vacation. The amount to
be converted must be designated by the employee no later than the
following January 31, which will be paid to employee the second pay
day in February. Employees receiving the above conversion will not
receive any sixty (60) to one hundred twenty (120) day conversion of
sick leave for that calendar year. The previously established non-
conversion sick leave "bank" will no longer exist for this group.
For the term of this agreement, the parties agree that individuals
retiring with a service retirement shall be entitled to a premium
sick leave pay -out. Specifically, individuals shall receive an
additional 258 of accrued sick leave compensation at the time of
retirement beyond that provided for in Municipal Code Section
2.84.570. This payment shall not be considered gross remuneration for
purposes of retirement.
Except as provided below, any employee converting the service
retirement to a disability retirement within five (5) years of the
date of retirement shall refund this premium sick leave payment to
the City. If repayment is required, a reasonable repayment schedule
shall be established between the employee and the City. Exceptions
to the repayment requirement may be made as follows:
A. No repayment shall be required if an employee dies after
retirement and the survivor's allowance is converted to a
disability allowance.
B. The City Manager will waive repayment in the event of a
catastrophic event resulting in substantial disability from
heart attack, stroke or cancer for the employee. Substantial
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disability is defined as a disability which would have required
the retirement of the employee if still in active service.
ARTICLE 33 — PERSONAL NECESSITY LEAVE
The City agrees to allow each employee covered by this Agreement to
utilize eight (8) hours per year as Personal Necessity Leave,
chargeable to Sick Leave. Such leave is designed to permit employee
time off during normal working time to conduct personal business.
Personal Leave shall require prior approval and shall be taken in
minimum two (2) hour increments.
ARTICLE 34 — DEFERRED COMPENSATION PLAN
All probationary and regular employees in the Blue and white Collar
Units of the City shall be eligible to participate in the City's
Deferred Compensation Plan.
ARTICLE 35 — PAYROLL DEDUCTIONS
The City agrees to provide payroll deductions for Union dues and
benefit programs at no cost to the employees or Union.
Employees may express authorization for payroll deduction and/or COPE
contributions by submitting to the Union a written membership
application form, through electronically recorded phone calls, by
submitting the Union on online deduction authorization, or by any
other means of indicating agreement allowable under state and federal
law.
The Union will submit to the City a list of members who have
authorized payroll deduction and shall provide the City with
verification that payroll deduction and/or COPE contributions have
been authorized by the employee only in the event a question arises
about an employee's membership status. The City shall accept
confirmations from the Union that the Union possesses electronic
records of such membership and give full force and effect to such
authorizations as "written authorization" for purposes of this
Agreement.
ARTICLE 36 — CLASSIFICATION REQUESTS
Requests for classification consideration will be processed once a
year on February late except those requests of an emergency nature
(as determined by the Human Resources Office) may be acted upon
regardless of the submission date and presented for review outside
the routine schedule. The effective date of any proposed upward
classification will be implemented with the budget in the year that
it is approved.
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Normally, position reviews will be generated in one of two ways:
A. By request of the employee and/or
B. By request of the Department Head
Prior to reaching any final decision, the Human Resources Office
shall forward its draft findings to the employee and shall consider
any comments the employee may have on the draft report. if the
recommendation of the Human Resources office is negative, no further
action shall be taken on the request. If the recommendation is
positive, it shall be subject to the approval of the appropriate
Civil Service Commission and City Council.
The parties agree to continue negotiations on the issue of revising
the City's reclassification procedure.
ARTICLE 37 — LONGEVITY PROGRAM
Unit members shall be eligible for a Longevity Pay Program as
follows:
10 or more uninterrupted years of City service 28 of Base Pay.
15 or more uninterrupted years of City service 48 of Base Pay.
20 or more uninterrupted years of City service 614 of Base Pay.
The amounts above are not cumulative.
Employees hired after January 1, 1985, shall not be eligible for
Longevity pay.
ARTICLE 36 — RETIREE MEDICAL
Section 1. Medicare Coverage - Any employee eligible to receive
retiree medical insurance coverage who is eligible for Medicare
coverage whether through the City of Bakersfield, other employers,
spouse/domestic partner coverage, or for any other reason, shall be
required to obtain and utilize such coverage as a condition for
receiving coverage under the City's plan.
Section 2. The City shall provide the surviving spouse/domestic
partner and eligible dependents) of any deceased employee with the
health and welfare benefit contribution that had been made on behalf
of the employee prior to their death.
Section 3. Employees hired after February 22, 2006 will not
participate in either of the retiree health subsidy programs set
forth in this section. In lieu, the City will match up to one (1%)
percent of the employee's mandatory contributions to their Retirement
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Health Savings account commencing the beginning of their sixth (6")
year of employment.
Section 4. Retiree Medical - Employees hired after April 1, 1996 but
before February 22, 2006 will be eligible for retiree medical under
the following conditions:
A. Participation in the City retiree medical insurance plan will be
offered to those employees who retire following twenty (20)
years of regular service or retire due to disability. Such
retirees will receive a premium subsidy based upon 33 per year
of service, to the nearest quarter year, up to a maximum of 30
years (908), of the lower of the HMO or Fee -For -Service Single
rate. In no case shall a retiree in this class receive more
than 90% of their applicable rate structure (i.e. single without
Medicare rate, single with Medicare rate, etc.) in subsidies
from the City.
B. Any employee eligible to receive retiree medical insurance
coverage who is eligible for Medicare coverage (Part A) whether
through the City of Bakersfield, other employers, spouse
coverage, or for any other reason, shall be required to obtain
and utilize such coverage as a condition for receiving coverage
under the City's retiree medical plan.
C. Employees hired after April 1, 1996 shall not be eligible to
receive the 423 Fee -For -Service plan subsidy.
Section 5. Retiree Medical - Employees hired prior to April 1, 1996
who retire following fifteen (15) years of regular service or retire
due to disability, eligibility for and contributions towards retiree
medical insurance shall be as originally set forth in City Council
Resolution #227-88 and herein set forth:
Retired employees enrolled under the City's health plan shall
receive city contributions based on the following formula:
Participation in the City retiree medical insurance plan will be
offered to those employees who retire following fifteen (15)
years of regular service or retire due to disability. Such
retirees will receive a premium subsidy based upon 33 per year
of service, to the nearest quarter year, up to a maximum of 30
years (903), of the lower of the HMO or Pee -For -Service Single
rate. In no case shall a retiree in this class receive more
than 903 of their applicable rate structure (i.e. single without
Medicare rate, single with Medicare rate, etc.) in subsidies
from the City.
Forty-two (423) percent of the actual premium for the "Fee for
Service" Retiree Health Plan shall be paid by the City and the
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balance of the premium shall be calculated and paid pursuant to
the formula in "A" above.
C. Retired employees covered under the HMO Insurance plans shall
only receive the City contributions under the formula in "A"
above.
Section 6. Retirement Health Savings Accounts - The ICMA Vantage
Care Retiree Health Savings Account program (RHSA) has been
implemented. One (it) percent of base pay will be deducted from each
employee's paycheck on a pre-tax basis and deposited into their
individual account effective with program implementation.
As soon as is possible the City will amend the Retirement Health
Savings Account for the White Collar Unit to eliminate the
deposit of accrued leave payouts into the Account upon
retirement.
The City assumes no liability for adverse tax rulings by the IRS
relative to this program.
ARTICLE 39 - TRAINING STEP
A Training ("T") Step exists for the following classifications:
Clerk Typist I
Fleet Service Worker I
Service Maintenance Worker
This step shall be ten percent (10%) below Step "1". Newly hired
employees shall be hired at the "T" Step whenever, in the opinion of
the City, the hires is not fully prepared to function in their
classification until a training period has been completed.
Employees shall be advanced to Step "1" by the end of six (6) months
of continuous service. Time spent in the "T" Step shall count
towards satisfying the probationary period.
ARTICLE 40 - DRUG TESTING
The goal and intent of this program is the rehabilitation and
assisting of first-time offenders with drug problems. However,
action taken against an employee shall be determined by individual
circumstances of each case and disciplinary action, up to and
including termination is possible.
Authority for Testing - Only an employee's Department Head or his/her
designee, acting in the absence of the Department Head, may order a
drug test.
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Conditions Allowing for Testing - Employees may be subjected to drug
testing if the City has a reasonable suapicion that the employee is
using: 1) illegal drugs, 2) prescription drugs without or contrary
to
a prescription, or 3) being under the influence of alcohol during
working hours.
Reasonable suspicion shall mean one or more of the following exists
as determined by the Department Head or his/her designee:
A. Having more evidence for than against.
B. An apparent state of facts and/or circumstances which would lead
a reasonable person to believe an individual was using
drugs/narcotics.
C. A reasonable grounds for belief in the existence of facts or
circumstances warranting an order to submit to a drug test.
Testing Procedure - Detailed testing procedures shall be developed by
the City to:
A. Positively identify employees prior to testing.
B. Provide for employee privacy and security of samples.
C. Establish if an employee is taking any drugs legitimately under
medical supervision.
D. Develop a two—step test. Both urine and blood samples shall he
drawn unless the employee waives his/her right to the blood
sample. Any specimen testing positive in the urinalysis shall
be subject to confirmation by blood test unless waived. No
notification shall be given of initial positive tests until the
confirmation blood test has been completed and is positive. At
the time the samples are drawn, a second set of samples shall be
taken and sealed. Should the original blood test show positive,
the second sealed set of samples shall be retained for six (6)
months to allow for further testing in the event of a dispute.
Testing Agent - The laboratory selected to conduct the analysis must
be experienced and capable of quality control, documentation, chain
of custody, technical expertise and demonstrated proficiency.
ARTICLE 41 — COURT CALL BACK
Unit employees in the Police Department shall receive a minimum of
three (3) hours compensation at the appropriate rate of pay when
called back for court appearances.
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ARTICLE 42 — VACATION
Vacation accrual shall be as follows:
Years
Days
0-4
10
5-13
15
14+
20
Maximum vacation accrual shall be three (3) years annual accrual.
Between 5 to 10 years of service, the maximum vacation accrual shall
be increased to three (3) years and three (3) days. After ten (10)
years of service, the maximum accrual shall be increased to three (3)
years and nine (9) days.
ARTICLE 43 — CERTIFICATION PAY
A. When the City requires an employee as a condition of employment
or request the employee to voluntarily obtain and/or maintain a
State or National certification, the City shall reimburse the
employee for any cost of obtaining and/or renewing the
certification.
B. The City shall reimburse employees for any cost of obtaining
and/or renewing a City required driver's license, above the cost
of a class "C" license.
Employees who have been designated by their department head and
regularly use specialized skills for which a state or national
certification is required in their job, shall receive annual
certification pay, to be paid in the last pay period of December
of every year, for such services. To be eligible, an employee
must pass the test given by the certifying agency, obtain
required continuing education units and keep certification
current. The certification pay will only be paid if an employee
maintains the certification for an entire calendar year. The
certification must not be a requirement listed in the job
specification in order to obtain the job.
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The recognized certifications are:
DOT Tester Certification
$1,000
California State Water Resources
Control Board Grade III (Waste Water)
$1,500
Certified Backflow Prevention
Assembly Tester (Parks)
$1,500
Pest Control Advisor License
(Parks)
$1,000
Combination of D.O.T. Hydrotester and
State Fire Marshal Fire Extinguisher
(Fire)
$1,000
Qualified Applicator License (Parks)
$500
Certified Arborist (Parks)
$500
Certified Pool/Spa Operator (Recreation)
$500
Bar 97 Advanced Smog Certification
$1,D00
Certified Latent Print Examiner
$1,D00
Notary Public License
$500
Crane Operator Certificate
$500
Automotive Service Excellence (ASE)
certificates (Equipment Maintenance)
$ 100 per
certificate•
*Maximum Fleet Service Worker I $ 400
Fleet Service worker II $ 600
Fleet Mechanic (All) $ 1,000
Automotive Parts Specialist $ 200
Waste Water Mechanic — Plant Maintenance Mechanical
Technologist $100 Grade I, $200 Grade II per year,
non -accumulative.
Building Inspectors, Code Enforcement and Building Staff -
$100 each per year for City approved certification, up to a
maximum of 5 certificates.
Traffic Signal Technician — International Municipal Signal
Association Certification $100 Grade I, $200 Grade II,
$300 Grade III, non -accumulative, per year.
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Signing and striping Certificates - $100 Grade I, $200
Grade II, $300 Grade III, non -accumulative per year.
City or Union may request additional and/or modifications to
certification pay during the term of the agreement, which will be
implemented upon mutual agreement.
ARTICLE 44 — JURY DUTY
The City shall provide for paid leave, when an employee is subpoenaed
to Jury Duty and/or to appear as a witness in court in Kern County on
matters of civic concern. Examples of matters of civic concern would
include criminal matters, accidents, etc.
ARTICLE 45 — IRS 125 PROGRAM
The City has implemented the IRs 125 Program for payment of medical
insurance premiums, childcare and un -reimbursed expense. Employees
may voluntarily participate in the childcare and un -reimbursed
medical portions of the program.
ARTICLE 46 — RESIDENCY REQUIREMERT
The residency requirement for Unit employees shall require that
employees maintain residency within one (1) hour normal driving time
from City Limits. Normal driving time shall be defined as driving
the most direct route at the posted speed limit.
ARTICLE 47 — PAYROLL CHANGES
A. The City shall maintain in effect the voluntarily direct deposit
program for unit employees with the following provisions:
1. Require all regular employees hired on or after January 1,
1994 to participate in direct deposit. Participation shall
be voluntary for employees prior to January 1, 1994.
2. Eliminate payoff checks for sick leave converted to
vacation with all such payoffs being added to the regular
paycheck.
3. Employees are responsible for investigating errors in
direct deposit with their bank.
4. City will give notice to the Union should it wish to change
any of the paycheck release times currently in effect.
5. The City will give reasonable advance notice if it will be
unable to provide direct deposit for a given pay period.
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All payroll changes shall become effective at the start of the
nearest payroll period.
ARTICLE 48 — AGENCY SHOP
Each employee in the Blue Collar Bargaining unit and new employees in
the White Collar Unit hired after the adoption of the 1994 Memorandum
of Understanding shall either 1) become a member of the Union to the
extent of tendering the periodic dues uniformly required for
membership, or 2) pay to the Union a periodic representational fee.
Such representational fee shall be in an amount uniformly established
by the Union's Board of Directors, but in no event shall such
representational fee exceed ninety—five percent (956) of the amount
that a Union member would pay in dues for the same period.
The Union shall indemnify the employer and hold it harmless against
any and all suits, claims, demands or other liabilities, including
the employer's reasonable attorney fees, that may arise out of or by
reason of any action taken by the employer for purposes of complying
with this Article.
This Article was implemented in accordance with Government Code
Section 3502.5. The requirement for Blue Collar Bargaining Unit
members was implemented following a secret ballot election of the
Bargaining Unit employees which was held on February 28, 1989. The
requirement for white Collar Bargaining Unit members hired after the
adoption of the 1994 Memorandum of Understanding was negotiated and
adopted with the 1994 Memorandum of Understanding.
The Union agrees to adhere to all statutory and judicial requirements
relating to Agency Shop.
ARTICLE 49 — NEN HIRE INPORMATION/NEN EMPLOYEE ORIENTATION
The City will provide the Union a monthly listing of each newly hired
employee represented under which will include name and address. The
City shall also provide to the Union a listing of all Service Fee
Payers represented under SEIU which will include name and address
each quarter.
The City will provide SEIU LOCAL 521 10 calendar days notice of
orientations to enable an exclusive representative of SEIU LOCAL 521
access of up to thirty minutes, at the end of the orientation
process, to present union membership information with no management
present. The new employee orientation will be a mandatory part of the
agenda. This notice will include the time, date and location of the
orientation. SEIU LOCAL 521 agrees to provide Human Resources a list
of representatives or shop stewards that SEIU LOCAL 521 will utilize
for the new hire orientations throughout the year. Once the City
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notifies SEIU LOCAL 521 of the new employee orientation, SEIU LOCAL
521 will identify the representative or steward that will attend and
notify the City 5 calendar days notice of orientations.
Additionally, the City will provide SEIU LOCAL 521 a digital file via
email to the email address designated by SEIU LOCAL 521 containing
the following information within 30 days of hiring an SEIU LOCAL 521
represented employee: the name, job title, department, work location,
work, home, and personal cell phone numbers, personal email addresses
on file with the employer; and the home address of the new hire. The
City will also provide SEIU LOCAL 521 a list of all information for
all employees in the bargaining unit every 120 days. Employees
transferring from another bargaining unit are not considered new
hires and will not be part of the 30 -day report; however, their
information will be captured in the 120 day report.
The Union will provide the Human Resource Director with a copy of the
new employee orientation packet on a quarterly basis. If there is a
substantial change in the packet, the Union will provide the packet
at the next scheduled new hire orientation.
ARTICLE 50 — UNION BULLETIN BOARD
The City will provide approximately a two by three foot (2' x 31)
bulletin board space at each of the major work site locations for
Union bulletins. If space is not available the Union may provide a
two by three foot (2' x 31) bulletin board which the City will
install. The space will be located in an area frequented by a
majority of the employees at the work site. The Union will be
responsible to maintain the designated posting area and ensure
compliance with City, State, and Federal compliance requirements,
including the prohibitions of derogatory or inappropriate documents.
ARTICLE 51 — SDI ELECTION
Blue and White Collar employees have elected to participate in the
State Disability Insurance (SDI) program. SDI benefits will be
automatically coordinated with wages for employees off work for seven
(7) or more calendar days.
ARTICLE 52 — COMMITTERS
The Union recognizes Its obligation to cooperate with the City to
assure maximum service of the highest quality and efficiency to
the citizens of The City of Bakersfield, consonant with its
obligations to the workers it represents. The City and the Union
affirm the principle that harmonious labor-management relations
are to be promoted and furthered. The city and the Union agree
that each employee shall be treated equally, fairly, and with
dignity and respect.
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A. Labor Management Committee. It is the intention of the parties
to establish a City-wide Joint Labor -Management Committee to
provide a forum for labor and management to jointly discuss
issues of concern to the bargaining unit employees.
2. The Joint Labor/Management Committee shall consist of Management
representatives and bargaining unit representatives, selected by
the Union. The Management representatives will be designated by
the CITY.
Annually, the Joint Labor/Management committee shall meet up to 4
times upon written request of either party, during working hours
to discuss issues which may include, but are not limited to career
training, educational/promotional opportunities, class
specifications, training and employee development.
The Committee may also make advisory recommendations to the City
Manager or his/her designated representative, for consideration.
Either party requesting the meeting shall provide an agenda five
(5) days prior to the meeting. Committee participants shall be
released on work time to attend meetings.
ARTICLE 53 - PROBATIONARY PERIOD
1. All appointments to a permanent position shall be tentative and
subject to a probationary period of six (6) months.
2. During the probationary period, the employee shall be required to
demonstrate his or her fitness to the position to which he or she
is appointed by actual performance of duties of the position.
3. At the conclusion of the probationary period, the department must
file an Employee Performance Evaluation stating the retention of
the probationary employee in the City service is desired or the
probationary employee will be considered unsatisfactory and will
be terminated.
ARTICLE 54 - LINE OF DUTY DEATH BENEFIT
Including the prescribed death benefits defined in Labor Code Section
4701 et. al, the City shall pay all reasonable funeral and burial
expenses to a maximum of $20,000 for a Bakersfield employee who dies
as the direct result of an on -duty related injury.
ARTICLE 55 - SEVERABILITY
It is understood and agreed that this Memorandum of Understanding is
subject to all present and future applicable Federal and State 1,AKF,D
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and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws or regulations.
If any part of this Memorandum of Understanding is in conflict or
inconsistent with 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 provisions
shall be suspended and superseded by 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. The City and Union agree to meet and confer in an attempt to
replace and/or adjust for any suspended or superseded provisions.
THIS 1MMDRANDUM OF UNDERSTANDING entered into and signed this _ day
of 2018.
FOR THE SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 521
FOR THE CITY OF BAKERSFIELD
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