HomeMy WebLinkAboutRES NO 179-19RESOLUTION NO.._, 17 9" 19
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 July 1, 2019, and expire at
midnight on December 31, 2022, 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
that commencing June 29, 2016, 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 July 1, 2019 and expiring at
midnight, December 31, 2022.
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ORIGAAL
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
NOV 2 0 2019 , by the following vote:
✓ ✓ ✓ ✓
AYES COUNCILMEMBER, RIVERA, GONZALES, SMITH, FREEMAN, SLILW.VAN, PARLIER
N ES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER T�fpr�-
BSENT: COUNCILMEMBER WO Gael II V U o-�
UA'�-
JOLIE DRIMAKIS
CITY CLERK and EX OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED NOV 2 0.2019
Karen G&
MAYOR of the City of Bakersfield
APPROV as to form:
c� ct�W
VIRGINIAJA. GEWkRO
CITY ATTORNEY of the City of Bakersfield
Attachments
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ORIGAAL
MEMORANDUM OF UNDERSTANDING
BAKERSFIELD SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 521
AND
CITY OF BAKERSFIELD
July 1, 2019 - June 30, 2022
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 .......................................
12
ARTICLE
18
RETIREMENT ......................................
12
ARTICLE
19
PROMOTIONS ......................................
13
ARTICLE
20
CITY INSURANCE CONTRIBUTION .....................
13
ARTICLE
21
SAFETY ..........................................
14
ARTICLE
22
TRAINING ........................................
15
ARTICLE
23
PREMIUM COMPENSATION ............................
16
ARTICLE
24
HOLIDAYS ........................................
18
ARTICLE
25
SHIFT ASSIGNMENTS ...............................
19
ARTICLE
26
SHIFT DIFFERENTIAL ..............................
20
ARTICLE
27
UNIFORM/FOOTWEAR ALLOWANCE ......................
20
ARTICLE
28
TOOL ALLOWANCE ..................................
21
ARTICLE
29
BILINGUAL PAY ...................................
21
ARTICLE
30
COMPENSATORY TIME ...............................
21
ARTICLE
31
OVERTIME ........................................
22
ARTICLE
32
SICK LEAVE ......................................
22
m
TABLE OF CONTENTS
ARTICLE
33
PERSONAL NECESSITY LEAVE ........................
23
ARTICLE
34
DEFERRED COMPENSATION PLAN ......................
23
ARTICLE
35
PAYROLL DEDUCTIONS ..............................
23
ARTICLE
36
CLASSIFICATION REQUESTS .........................
22
ARTICLE
37
LONGEVITY PROGRAM ...............................
24
ARTICLE
38
RETIREE MEDICAL .................................
24
ARTICLE
39
TRAINING STEP ...................................
26
ARTICLE
40
DRUG TESTING ....................................
26
ARTICLE
41
COURT CALL BACK .................................
27
ARTICLE
42
VACATION ........................................
28
ARTICLE
43
CERTIFICATION PAY ...............................
28
ARTICLE
44
JURY DUTY .......................................
30
ARTICLE
45
IRS 125 PROGRAM .................................
30
ARTICLE
46
RESIDENCY REQUIREMENT ...........................
30
ARTICLE
47
PAYROLL CHANGES .................................
30
ARTICLE
48
AGENCY SHOP .....................................
31
ARTICLE
49
NEW HIRE INFORMATION/NEW EMPLOYEE ORIENTATION....
31
ARTICLE
50
UNION BULLETIN BOARD ............................
32
ARTICLE
51
SDI ELECTION ....................................
32
ARTICLE
52
COMMITTEES ......................................
32
ARTICLE
53
PROBATIONARY PERIOD .............................
33
ARTICLE
54
LINE OF DUTY DEATH BENEFIT ......................
33
ARTICLE
55
SEVERABILITY....................................
33
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF BAKERSFIELD AND
SERVICE EMPLOYEES INTERNATIONAL UNION, 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 July 1, 2019, and expire at 12:00 midnight on June 30, 2022
Reopeners - City and Local 521 can each reopen negotiations on 5 items
in the second and third years of the agreement. The City will not make
proposals which would reduce total compensation. Reopener discussion
shall commence by February 15th each year.
ARTICLE 4 - RENEWAL
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 June 30, 2022. Negotiations for the successor
agreement will commence by February 15, 2022. 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 STEWARDS
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(s) used.
ARTICLE 8 - NO 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 - MANAGEMENT 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 or 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
5
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.
F. 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 §
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 as 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
8
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 may 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 (6th) 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 3% at 60 retirement program, City agrees to pay
one (1%) 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 (6th) 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 414H (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
Salaries shall be increased for every active employee of the Blue and
White Unit as follows:
2.5% effective July 8, 2019
Effective the pay period including July 1, 2020, the City shall
provide an increase for all salary ranges in effect for unit
classifications equal to the increase in the Consumer Price Index
(CPI) for All Urban Consumers in the West Region for the 12 months
ending in the December preceding the adjustment However, regardless
of the CPI, the increase shall not be greater than 2.50 or less
than 1%.
Effective the pay period including July 1, 2021, the City shall
provide an increase for all salary ranges in effect for unit
classifications equal to the increase in the Consumer Price Index
(CPI) for All Urban Consumers in the West Region for the 12 months
ending in the December preceding the adjustment. However, regardless
of the CPI, the increase shall not be greater than 2.50 or less
than 1%.
ARTICLE 16 - STAND-BY 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 fifty
dollars ($50) per each eight (8) hours on Controlled stand-by or faction
thereof effective July 2020. 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.
Effective January 2021 employees in the following classifications
designated by the City to be on standby shall receive $60 per each 8
hours of standby.
1. Police Service Technician
2. Animal Control Officers
3. Code Enforcement Officers
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4. Fire Plans Examiner
5. Fire Prevention/Environmental Officer
6. Hazmat Specialist
Controlled Standby
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.
Uncontrolled Standby
Uncontrolled standby time is uncontrolled where the employee leaves the
workplace and is required merely to inform his/her Supervisor of his/her
designee of where/how the employee may be contacted, but the employee's
activities are not restricted.
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ARTICLE 17 - CALL-BACK
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 CalPERS for the provision
of a 30 @ 60 (highest 12 months) retirement benefit formula. Tier one
employees pay .50 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 2.70 @ 55 (average of the highest 36 months of service) retirement
benefit formula pursuant to CalPERS requirements. At the beginning of
the employee's sixth (6th) cumulative year of service the City will pay
seven and one-half (7.50) percent of the employee retirement
contribution. Concurrently, Tier two employees shall pay .50 of the
employee retirement contribution.
Section 3.
Tier Three: For employees hired on or after January 1, 2013 and
classified as "new" members of CalPERS as defined by Public Employees
Pension Reform Act (PEPRA), the City shall maintain a contract with
CalPERS for the provision of a 20 @ 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 4.
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 shall be given on a promotional basis.
Effective January 2020, the promotional process will be discussed in a
labor management committee.
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:
Fee Dental HMO Dental Fee Dental Dental HMO
Fee Health HMO Health HMO Health Fee Health Employee
Vision Vision Vision Vision Contribution
Employee 800 800 800 800 200
Only
Employee 800 800 800 800 200
+1
Family 800 800 800 800 200
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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 800/20o 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 8. 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.
B. 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. Both 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.
member from
Committee.
Safety Committee. The Union will be allowed to appoint one
each bargaining unit to serve on the City's Safety
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 50.
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 ( o )
Premium rate ( o )
6 -19
5
20-29
10
30-39
17
40-49
25
50-59
34
60-69
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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 70% 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 (50) 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-day 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 4th, 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 4th, 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 ASSIGNMENTS
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
employee when the majority of their
3 p.m. and 12 midnight.
$.90 per hour shall be paid any
shift falls between the hours of
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. Uniforms that
are damaged during the normal course of work will be replaced.
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 shall receive a Eight hundred fifty dollars ($850) per year
uniform allowance. This allowance is to be paid on a bi- weekly
basis to meet CalPERS 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 100% cotton or
poly blend uniforms.
Section 2. Safety Footwear 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. Effective with the ratification
of this agreement safety footwear reimbursement for requests initially
submitted after ratification will increase to one hundred sixty dollars
($160) annually. 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
January 1, and are required
approved by the Public Works
for approved tool purchases:
Equipment Mechanics
Fleet Service Worker II
Fleet Service Worker I
classifications who are employed as of
to provide a complement of hand tools as
Director, shall be reimbursed by the City
Up to $530.00
Up to $375.00
Up to $375.00
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 seventy dollars ($70) 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.
Employees in the following classifications will be compensated one
hundred dollars ($100) bi-weekly for bilingual services.
A. Police Service Technician
B. Animal Control Officers
C. Police Dispatcher
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 best 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 TIME
The accumulation of compensatory time shall not exceed one hundred (100)
hours. Any compensatory time in excess of one hundred (100) hours shall
be automatically paid if management is unable to schedule the time off.
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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 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 - SICK 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 (1000) of his/her accruals in
excess of 120 days as vacation and may convert and be paid for up to
seventy-five percent (750) 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
250 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
22
catastrophic event resulting in substantial disability from heart
attack, stroke or cancer for the employee. Substantial
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 lst, 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 20 of Base Pay.
15 or more uninterrupted years of City service 40 of Base Pay.
20 or more uninterrupted years of City service 60 of Base Pay.
The amounts above are not cumulative.
Employees hired after January 1, 1985, shall not be eligible for
Longevity Pay.
ARTICLE 38 - 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 dependent(s) 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 Health Savings
account commencing the beginning of their sixth (6t'') year of employment.
Section 4. Retiree Medical - Employees hired after April 1, 1996 but
24
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 3% per year of service, to
the nearest quarter year, up to a maximum of 30 years (90 0) , of
the lower of the HMO or Fee -For -Service Single rate. In no case
shall a retiree in this class receive more than 900 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 42% 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:
A. 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 3% per year of service, to
the nearest quarter year, up to a maximum of 30 years (90 0) , of
the lower of the HMO or Fee -For -Service Single rate. In no case
shall a retiree in this class receive more than 900 of their
applicable rate structure (i.e. single without Medicare rate,
single with Medicare rate, etc.) in subsidies from the City.
B. Forty-two (420) percent of the actual premium for the "Fee for
Service" Retiree Health Plan shall be paid by the City and the
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
25
Retiree Health Savings Account program (RHSA) has been implemented. One
(1%) 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 (100) below Step "1". Newly hired
employees shall be hired at the "T" Step whenever, in the opinion of
the City, the hiree 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.
Conditions Allowing for Testing - Employees may be subjected to drug
testing if the City has a reasonable suspicion 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.
26
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 be
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.
C. 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:
Bar 97 Advanced Smog Certification $1,500
Automotive Service Excellence (ASE)
certificates (Equipment Maintenance) $150 per
certificate*
*Maximum Fleet Service Worker I 4 certificates
Fleet Service Worker II 6 certificates
Fleet Mechanic (All) 10 certificates
Automotive Parts Specialist 2 certificates
Forklift Operator Trainer $500
Geologist $1,000
Certified Latent Print Examiner $1,500
Certified Arborist (Parks) $1,000
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 Pool/Spa Operator (Recreation) $500
Notary Public License $500
Crane Operator Certificate $500
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.
29
Fire Inspectors, Hazardous Material Specialists $100 each
per year for City approved certificates, 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.
ASE certification(s) as of December lst will be eligible to
receive the applicable certification pay for the entire
calendar year.
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 REQUIREMENT
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.
30
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.
B. All payroll changes shall become effective at the start of the
nearest payroll period.
ARTICLE 49 — NEW HIRE INFORMATION/NEW 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
31
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 3')
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 3') 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 - COMMITTEES
1. 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.
32
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 laws
33
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.
FOR THE SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 521
Jason Suchin
Bernie Daverin
Courtney Camps
Phillip Rios
Shane Gardner
Martin Harrington
Michelle Gonzalez
John Patterson
Sandra Alvarez
Miguel Ramos
Michael Carter
FOR THE CITY OF BAKERSFIELD
Chris Huot
Christi Tenter
Randy McKeegan
Nick Fidler
Darin Budak
William Avery
34
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