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Home My WebLink AboutRES NO 06-89RESOLUTION NO. 6-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING MEMORANDUM OF UNDER- STANDING FOR EMPLOYEES OF THE BLUE AND WHITE COLLAR UNITS OF THE CITY OF BAKERSFIELD, ADOPTING SALARY SCHEDULE, AND ADOPTING CITY SCHEDULE OF PAID HOLIDAYS. WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City Council to provide for salaries and related benefits for officers and 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 (SEIU), which represents employees of the City's Blue and White Collar Units; and WHEREAS, the City's negotiator and the SEIU have agreed upon salaries and benefits for said units; and WHEREAS, the Council has determined that the salaries and related benefits as agreed upon by the City's negotiator and the SEIU are acceptable; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That Resolution No. 10-88, together with amendatory resolutions, to the extent the same applies to employees in the Blue and White Collar Units, is superseded by this resolution. 2. That the attached Memorandum of Understanding for the Blue and White Collar Units is hereby approved, setting salaries and benefits for employees in said Units. 3. That, effective January 2, 1989, the attached salary schedule covering Blue and White Collar Units shall constitute the salaries for employees in the categories and positions specified therein and that the whole of said attachments are hereby incorpo- rated and approved as a part of the attached Memorandum of Understanding between the City of Bakersfield and the SEIU for Blue and White Collar Units. 4. That the schedule of paid holidays set forth in the attached Memorandum of Understanding is hereby adopted and approved for employees in the Blue and White Collar Units. .......... o0o .......... H HOURLY 8.178 T HOURLY 7.360 STEP S 7.830 EFFECTIVE DATE: 02 dan 1989 EDU STEP 4 STEP 5 PCT H HOURLY 10.094 H HOURLY 8.975 T HOURLY 8~078 H HOURLY 8.975 9.421 9.898 10.3S4 10.905 H HOURLY ll.&31 12.210 12.8~0 13.4~4 14.134 H HOURLY 11,631 18.210 12,8~0 13.464 14,134 H HOURLY 8.975 9.401 9~B9~ 10,384 10.905 T HOURLY 8~078 H HOURLY 8. 178 8.586 9.017 9.469 9.939 H HOURLY 8.975 9.421 9.892 10.3S4 10.905 H HOURLY 8.975 9.421 9.892 10.384 10 905 T HOURLY 8.078 CITY OF BAKERSFIELD S A L A R Y S C H E D U L E (A) I - BLU£ COLLAR UNIT D C SALARY EDU CLS T CLASSIFICATION TITLE D BASIS STEP 1 STEp ~ STEP 3 STEP 4 STEP ~ PCT 33~ A SANITATION WORKER I T HOURLY 8.078 TRAININO ~A3 A SANITATION WORKER III H HOURLY 11.091 11.~4~ I~.DD4 12.837 13.477 344 A SEWER MAINTAINER I T HOURLY 8.078 23 DEC 1988 0 CLS T CLASSIFICATION TITLE 406 A AUTO SERVICE WORKER TRAINING · · · CITY OF BAKERSFIELD SALARY SCHEDULE I - BLUE C~LLAR UNII FFFECTIVE DATE: 02 JAN 1989 C SALARY EDU D BASIS STEP 1 STEP ~ STEP 3 STEP 4 STEP 5 PCT T H~URLY 8.078 H HOURLY 8.975 9.421 ~.07~ 10.394 10.905 T HOURLY 8.078 CITY OF BAKERSFIELD S A L A R Y S C H E D U L E (A) I - BLUE COLLAR UNI]~ .... O C SALARY CLS T CLASSIFICATION TITLE D BASIS STEP 1 531 A TRAFFIC SIGNAL TECHNICIAN H HOURLY 13.~5 71~ A TRAFFIC PAINTER III H HOURLY 11.091 757 A AIR COND TECH II H HOURLY 13 082 EFFECTIVE DATE: 02 JAN 1~89 EDU 13.73~ 14.423 15.140 15.898 23 DEC 1988 2 - WHITE COLLAR UNIT 0 C SALARY CLS T CLASSIFICATION TITLE D BASIS STEP 1 1~0 A POLICE LAB TECHNICIAN H HOURLY 13,410 145 A POLICE SERVICE TECH H HOURLY 9.708 146 A FIRE SERVICE TECH H HOURLY 9.708 !~7 A FIRE INSPECTOR H HOURLY 9~708 148 A FIRE PREVENTION INSP/PETROLE H HOURLY 9 708 150 A COMMUNITY SERVICE SPECIALIST H HOURLY 9,708 301 A PAR~S-COMM CENTER WORKER H HOURLY 8.689 STEP 2 STEP 3 STEP 4 STEP 5 14.076 14.784 15.517 16.296 10.195 10.707 11.24~ 11.804 10.195 t0.707 11.242 11.804 10.195 10.707 11.24~ 11.804 10.193 10.707 11.242 11.804 10.195 10.707 11.24~ 11.804 9. 151 9.~11 10.091 10.594 10.195 10.707 11.E42 11.804 12.777 13.416 14.086 14.791 12.777 13.416 14,08& 14.791 13.913 14.~05 15.335 16.103 EDU PCT CITY DF BAKERSFIELD S A L A R Y S C H E D U L E (A) 2 - WHITE COLLAR UNIT h HOURLY 8.066 8 471 8.899 9.340 9.808 EDU STEP 2 STEP 3 STEP 4 STEP 5 PCT 13.399 14,073 14.788 15.539 14.733 15.46~ 16.~43 17.052 14.733 15.468 16,243 17.0~2 14,690 15 4~7 16,197 17.006 9.488 9.965 10.461 10~986 13.913 14.605 15.335 16.103 CITY OF BAKERSFIELD S A L A R Y S C NE D U L. ~ 2 - WHITE COLLAR UNIT CITY OF BAKERSFIELD S A L A R Y S C H E D U L E (A) 23 DEC 1988 ~ - WHITE COLLAR UNIT 0 C SALARY CL8 T CLASSIFICATION TITLE D BASIS STEP 70~ A ASSOCIATE PLANNER H HOURLY 16.651 707 A ASSOC PLANNER COM DEV H HOURLY I6.651 708 A BUILDIN8 INSPECTOR II 8 HOURLY 14.030 710 A REHABILITATION SPCLIST H HOURLY 14.030 EFFECTIVE DATE: 02 dAN 1989 EDU STEP 2 STEP 3 STEP 4 STEP 5 PCT 17.484 18.358 19.~78 CL.S i CLASSIFICATION TITLE CITY OF BAKERSFIELD SALARY SCHEDULE 1 - BLUE COLLAR UNIT C SALARY D BASIS STEP 1 STEP H HOURLY 7.756 8.143 T HOURLY H HOURLY 8.505 T HOURLY 7.654 STEP ~ 8.551 EFFECTIVE DATE: O1 JAN 1970 EDU STEP 4 STEP 5 PCT 8.979 9.430 9.848 10.337 H HOURLY 10.498 11.0S2 H HOURLY ?.334 9.798 T HOURLY 8.401 11. 571 12.156 12.7&0 10.28G 10.779 11.341 H HOURLY 8.505 8.789 9.378 9.848 10.337 H HOURLY 9.33~ 9.798 10.288 10.779 11.341 H HOURLY 9.334 9.798 10.238 10 7?9 11.341 CITY OF BAKERSFIELD S A L A R Y S C H E D U L E (B) 22 DEC 1988 I - BLUE COLLAR UNII ~FECTIVE DATE: Ol dAN 1990 EDU 0 C SALARY CL5 T CLASSIFICATION TITLE D BASIS STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 PCT ?35 A CANAL TENDER II H HOURLY 10.498 11.022 11.571 12.156 336 A LABORER H HOURLY 7.756 8. i43 8.551 8.979 9.430 339 A SANITATION WORKER I H HOURLY 9,334 9.798 IO.~OS 10.799 11.341' 339 A SANITATION WORKER I T HOURLY 8~ 401 DEC 1988 0 CLS T 408 A 408 A 410 A 430 A 432 A 433 A 447 A 448 A CITY OF BAKERSFIELD _~ A L A R Y S C H E D U L E CLASSIFICATION TITLE AUTO SERVICE WORKER 1 - BLUE COLLAR UNIT C SALARY D BASIS STEP I STEP T HOURLY 8.401 H HOURLY 9.334 t HOURLY 8.401 STEP 3 EDU STEP 4 STEP 5 PCT H HOURLY 10.498 11.022 11, 571 12.156 12,760 H HOURLY 14.555 15,278 16.044 16.845 17.68& H HOURLY 14,555 15.278 16.044 16.845 17.686 H HOURLY 12.923 13. 573 14,249 14.958 15,710 H HOURLY 12.688 13,327 13.992 14,692 15.432 H HOURLY 10.498 11.022 11.571 12, 156 12.760 H HOURLY 12,382 13.004 13.~51 14,33& 15.050 H HOURLY 13,265 13.935 14.&36 15.360 16.161 H HOURLY 13.946 14.~39 15.375 16.138 1&.948 H HOURLY 13.946 14.639 15.375 16.138 16.948 H HOURLY 14,470 15.198 15.970 16.775 17.628 H HOURLY 12.070 12.678 13.307 13.~73 14,673 H HOURLY 11. 520 12.096 12.699 13,334 14.002 H HOURLY 12,362 12.979 13.628 14.308 15.025 H HOURLY 12.362 12.~7~ 13.620 14.308 15 025 H HOURLY 10.~43 10.753 11,2B8 11,856 12.449 H HOURLY 11,535 1~, 108 12.713 13,350 14.016 H HOURLY 10.4~8 11.022 11. 571 12.156 12.760 T HOURLY 9.220 9,798 10.288 10.799 11.341 CITY OF BAKERSFIELD S A L A R y S C H E D U L E (B) ~ DEC 1~88 0 C SALARY CLS T CLASSIFICATION TITLE D BASIS STEP 1 531 A TRAFFIC SIONAL TECHNICIAN H HOURLY 14.555 719 A TRAFFIC PAINTER III H HOURLY 11.~35 757 A AIR COND TECH II H HOURLY 13.&05 EFFECTIVE DATE: O1 ~AN 1~0 EDU STEP ~ STEP 3 STEP 4 STEP 5 PCT 15.278 16.044 16.845 17.68& 12,108 12.713 13,350 14,016 14.~85 15.000 15.746 16,534 ¢ ( ( ( ( ( ( 23 DEC 1988 0 C SALARY EDU STEP 2 STEP 3 STEP 4 STEP 5 PCT 14.639 15.375 16.138 16,948 10.603 11.135 11.&~2 12.~76 ¢ ~ - WHITE COLLA8 UNIT 23 DEC 19S8 EFFECTIVE DATE: O1 JAN 1~0 0 C SALARY EDU CLS T CLASSIFICATION TIT[dE D BASIS STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 PCT 525 A CONSTRUCTION INSPECTOR I H HOURLY 13.265 13.935 14.&36 15.380 l&. 161 526 A CONSTRUCTION INSPECTOR II H HOURLY 14.591 15~322 16.087 16.893 17.734~ 527 A ENGINEERING TECN I H HOURLY 14.591 15.3~ l&.007 16.893 17.734 529 A TRAFFIC OP TECHNICIAN H HOURLY 14. 555 15.~78 16.04R 16.845 17.686 603 A ACCOUNTANT i H HOURLY 1~.44~ 13.06~ 13.720 14.405 15. 126 604 A ADMINISTRATIVE ANALYST I H HOURLY 13.780 14.470 15.189 15.~48 16.747 6O5 A ACCOUNTING CLERK I N HOURLY 8.505 8.9~ 9.378 9.848 10.337 606 A ACCOUNTING CLER~ II H HOURLY 9.3~8 9.868 10.364 10.879 11.425 ¢ ¢ ¢. ¢~ ¢, CITY OF BAKERSFIELD S A L A R Y S C H E D U I ~ ~ - WHITE COLLAR UNIT 0 CLS T 707 A 708 A 710 A 716 A 73~ A 737 A CITY OF BAKERSFIELD SALARY SCHEDULE 2 - WHITE COLLAR UNIT C SALARY CLASSIFICATION TITLE S BASIS ASSOCIATE PLANNER H HOURLY ASSOC PLANNER COM DEV H HOURLY BUILDING INSPECTOR II H HOURLY REHASILITATION SPCLIST H HOURLY EFFECTIVE DATE: O! dAN 1990 EDU STEP I STEP ~ STEP 3 STEP 4 STEP B PCT 17.317 18.183 1~.092 20.049 ~1.05~ 14.591 15.322 I~. 087 18.893 17,734 13.2~5 13.935 14.~3~ 15.380 l&. 1&1 12.070 1~.&78 13.307 13.973 14.673 MEMORANDUM OF UNDERSTANDING $ V - ] BETWEEN THE CITY OF BAKERSFIELD AND THE KERN COUNTY PUBLIC EMPLOYEES ASSOCIATION, INC., LOCAL 700 SERVICE EMPLOYEES' INTERNATIONAL UNION, AF OF L, CIO The duly authorized representatives of the City of Bakersfield, herein after referred to as "The City" and the Kern County Public Employees' Association, Inc., Local 700, Service Employees' International Union, AF of L, CIO, 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 I - 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 II - RECOGNITION Section 1. Pursuant to the provision of the City Employer-Employee Relations Ordinance Supplemental Rules and Regulations and applicable State law, the Kern County Public Employees' Association, Inc., Local 700, S.E.I.U., AF of L, CIO is recognized as the majority representative of the City employees in the Blue Collar Unit and White 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 regular probationary-classified 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 S.E.I.U., Local 700 from appearing in his/her own behalf in his/her employment relations with the City. -1- ARTICLE III- TERM OF AGREEMENT The City and the Union agree that the term of this agreement shall commence on January 2, 1989 and expire at 12:00 midnight on January 1, 1991. ARTICLE IV - 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 January 1, 1991. 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 V - 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 and Supplemental Rules and Regulations are hereby as though set forth in full. ARTICLE VI - 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 time for the purpose of meeting and conferring in good faith without loss of pay or any benefits. -2- Section 2. The Union agrees to provide the City Personnel Officer 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 VII - UNION STEWARDS Section 1. The City agrees that the Union may designate up to ten 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 and 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. ARTICLE VIII - 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. -3- ARTICLE IX - 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 X - WORKING OUT OF CLASSIFICATION 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. It is further agreed that working an employee out of classification will occur only to meet work requirements within the City and that such out-of-classification work will terminate after one calendar day, or if extended beyond one day, the employee shall be compensated at the rate of the higher classification while the out-of-classification work continues. For the purpose of this article, an out-of-class assignment is the full-time perfDrmance of all the duties of an authorized, funded, permanent, full-time position in one class by an employee in a position in another class. A minimum of five percent (5%) premium pay shall be provided for the period of out-of-class work and a minimum of ten percent (10%) premium pay whenever the out-of-class work: 1) involves work in a classification whose compensation is twenty percent (20%) higher than the position held by the employee, or 2) involves grade skipping within normal promotional sequences. (Example of grade skipping is an Equipment Operator I being assigned the job duties of Equipment Operator III.) In no case, shall the out-of-classification pay be less than Step "1" nor shall the pay exceed Step "5" of the higher classification. -4- ARTICLE XI - PROCESSING OF FORMAL GRIEVANCES Section 1. The Union agrees that whenever investigations or processing of a grievance is to De transacted during working hours, only the amount of time necessary to ~ring about a prompt disposition of the matter will be utilized. Section 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. Section 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. Section 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. Section 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: 1) 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. 2) The agreed to third party, shall, as soon as practical, but not later that thirty (30) days, hold closed hearings on the grievance which shall be held in conformity to normal hearing procedures. 3) 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 -5- duty. Any employee called as a 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. 4) 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. 5) Either party may be represented by legal counsel. 6) Parties shall pay their own expenses, except for the third party whose expenses shall be shared equally. 7) 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. 8) 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 XII - 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, national origin, political or religious affiliations or Union membership. ARTICLE XIII - PERS PICK-UP The City will pay the full portion of the normal contributions required to be paid by employees in the unit hired prior to July 1, 1983 to the Public Employees' Retirement System. Employees hired on or after July 1, 1983 will be required to pay the employee contribution until the beginning of their seventh uninterrupted year of service, at which time the City will assume responsibility for payment. Such payments by the City shall be reported as normal contributions and shall be credited to 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. -6- ARTICLE XIV - COMPENSATION Effective January 2, 1989, salary ranges shall be increased by four (4%) percent for all classifications (Schedule A). Effective January 1, 1990, salary ranges shall be increased by four (4%) percent for all classifications (Schedule B). ARTICLE XV - STAND-BY PAY The City and the Unic. n agree that when an employee is officially designated by management to remain available to return to work at any time during specific hours outside of normal working hours, the employee shall receive twenty-five ($25) dollars per each eight (8) hours on stand-by or fraction thereof. Such pay shall be in addition to any call-back compensation. To'the extent feasible, the parties agree that stand-by shall be ass. igned on an equitable basis to all eligible employees. ARTICLE XVI - 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 or open-promotional basis where upon City employees will be placed at the top of the list in accordance with existing Civil Service Rules. ARTICLE XVII - CITY INSURANCE CONTRIBUTION The City and Union have agreed that all future meeting and conferring and decisions regarding the structure of medical/oental insurance coverages shall take place through the Joint City/Employee Medical Insurance Committe~. 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 31 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. Medical, Vision, and Dental Benefits. Effective January 1, 1989, the City shall provide b-i-weekly contributions toward a medical, vision, and dental plan for all officers and employees of the City, subject to the following contribution: -7- Employee Bi-Weekly City By-Weekly Maximum* Single coverage $ 2.31 Two-party coverage 4.62 Family coverage 6.92 $ 48.23 96.47 146.82 *The City will pay up to maximum amount depending upon plan chosen by employee. For the period beginning January, 1990, the City shall increase its contributions to maintain the existing proportion of pa~nents based on the average of all plan options by category (i.e., if the City payment for employee only averaged amongst the four possible plan combinations is 95%, the City shall amend its dollar contribution to maintain the 95% proportion. The City contribution shall vary by plan category to result in an equal employee deduction for all plan options. The accrued medical reserve fund shall remain in existence until it is depleted through the payment of increased employee medical insurance premiums or other agreed upon expenditures. All increases paid pursuant to this section shall be deducted from the medical reserve fund. Life Insurance. For the term of this Agreement, the City shall maintain in effect and pay the premium for the existing life insurance coverage. Long Term Disability - ~n 1989, long term disability benefits will be examined. Upon mutual agreement between City and Union, a benefit plan may be adopted, however, any costs associated with same shall be deducted from the 4% salary. ARTICLE XVIII - HEALTH AND SAFETY Section 1. The City and the Union agree to abide by all provisions of the California Plan approved in accordance wi~h 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. -8- 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. Section 6. It is the duty of Management to make every reasonable effort to provide and maintain a safe place of employment. Local 700 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 ~mmediate 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. ARTICLE XIX - 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 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 exclusion. ARTICLE XX - 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. -9- ARTICLE XXI - LEAD ASSIGNMENT The City and the Union agree that when an employee is assigned as follows, they shall receive a 5% increase during the period of such lead assignment: (a) When any Blue Collar or White Collar employee is assigned to lead a crew of three or more members who are assigned to the same salary grade as the leader. (b) When an employee in the classification of Light Equipment Operator, Heavy Equipment Operator, Tree Maintenance II, Spray Rig Operator, Maintenance Craftworker I and II or Sewer Maintainer is assigned to lead worker resp.~nsibilities for the majority of a shift to a project, truck or job. ARTICLE XXII - HOLIDAYS (A) All eligible employees in the Blue and White Collar Units shall observe the following eight-hour holidays with pay: Monday Monday Monday Saturday Tuesday Monday Thursday Friday Monday Monday -1989- February 13, 1989 February 20, 1989 May 29, 1989 July 1, 1989 July ~, 1989 September 4, 1989 Novemoer 23, 1989 November 24, 1989 December 25, 1989 January 1, 1990 Lincoln's Birthday Washington's Birthday Memorial Day 3 Floating Holidays Credited* Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day -10- -1990- Monday February 12, 1990 - Monday February 19, 1990 - Monday May 2B, 1990 - Wednesday July 1, 1990 - Wednesday July 4, 1990 - Monday September 3, 1990 - Thursday November 22, 1990 - Friday November 23, 1990 - Monday December 24, 1990 - Tuesday December 25, 1990 - Monday December 31, 1990 Tuesday January 1, 1991 * Note: Lincoln's Birthday Washington's Birthday Memorial Day 1 Floating Holiday Credited* Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Eve Day New Year's Day Floating Holiday(s) shall be available for use by employees during the full fiscal year. Employees shall also receive every day designated by the President, Governor or City Council as special holidays in commemoration or in memorial of an extraordinary occurrence as paid holidays. (B) Whenever a holiday falls on a Sunday, the following Monday shall be observed. Whenever a holiday falls on a Saturday, none of the above shall be observed as a holiday. Employees assigned to seven day per week shift schedules shall observe the actual, not the observed holiday. (C) Floating Holidays. Each employee in the Blue and White Collar Unit, who is employed by the City as of July 1 of each fiscal year shall be eligible for floating holiday(s) per fiscal year of their choice. Floating holiday(s) must have prior departmental approval and shall be consistent with the efficient operation of the affected department and its activities. (D) The Sanitation Division will work all designated holidays, excluding New Year's Day (January 1). -11- ARTICLE XXIII - 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. ARTICLE XXIV - SHIFT DIFFERENTIAL (A) A shift differential of $.55 per hour will be paid any employee when the majority of their shift falls between the hours of 3 p.m. and 12 midnight. Effective January 1, 1990, the differential shall be increased to $.65 per hour. (B) A shift differential of $.75 per hour will be paid any employee when the majority of their shift falls between 12 midnight and 7 a.m. Effective January 1, 1990, the differential shall be increased to $.85 per hour. ARTICLE XXV - UNIFORM ALLOWANCE All employees in the Blue Collar Unit required to wear uniforms will be furnished such uniforms at no cost to the employees. Effective immediately, the City shall provide employee with eleven (11) uniforms during each bi-weekly uniform cleaning cycle. Except for Community Service Technicians non-safety personnel employed in the Police Department who are required by the Chief of Police to wear a uniform, shall be provided with a Two Hundred Fifty Dollars ($250) per year uniform allowance. Community Service Technicians and Fire Prevention Personnel required to wear a uniform shall receive a Four Hundred Fifty Dollars ($450) per year uniform allowance. This allowance is to be paid in advance every six months on a pro rata basis. The City shall provide at no cost to the employee all required patches and chevrons. ARTICLE XXVI - TOOL ALLOWANCE Equipment Mechanics who are employed as of January 1, and are required to provide a full complement of handtools as approved by the Public Works Manager shall be reimbursed by the City for approved tool purchases up to $300 per year. Trades Assistants who are employed as of January 1 and are required to provide a partial complement of hand tools as approved by the Public Works Manager shall be reimbursed for approved tool purchases up to $200 per year. Service Workers who are employed as · of January 1 and are required to provide a partial complement of hand tools as approved by the Public Works Manager shall be reimbursed for approved tool purchases up to $100 per year. -12- The following items are added to the full set of tools: Torx Tool Set, Drop Light, 3/8" Drive Air Ratchet, 1/2" Drive Air Wrench, Freeze Plug Installation Kit. Trades Assistants shall provide two-thirds of the full tool set as per the established tool list. Auto Service Workers shall provide one-third of the full tool set to be determined by management. Tools purchased pursuant to this section remain the property of the employee. ARTICLE XXVII - COMPENSATORY TIME The accumulation of compensatory time shall not exceed sixty (60) hours. Any compensatory time in excess of sixty (60) 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 payment for any comp time on the books, subject to budgetary restraints. As soon as practicable, the City shall amend the deferred compensation program to allow employees to convert compensatory time, under existing rules, to deferred compensation once annually. ARTICLE XXVIII - SICK LEAVE All unused sick leave earned during the calendar year, which would otherwise cause an employee's accumulated balance to exceed one hundred and twenty (120) days,. will be converted into additional vacation time at seventy-five percent (75%) of the unused current year accumulation. The City will provide, at the employee's option, cash payment for all or a portion of annual sick leave which is converted to vacation time. ARTICLE XXIX - 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 XXX - DEFERRED COMPENSATION PLAN All probationary and permanent employees in the Blue and White Collar Units of the City shall be eligible to participate in the City's Deferred Compensation Plan. -13- ARTICLE XXXI - PAYROLL DEDUCTIONS The City agrees to provide payroll deductions for Union dues and benefit programs at no cost to the employees or union. ARTICLE XXXII - CLASSIFICATION REQUESTS Requests for classification consideration will be processed once a year on February 1, except those requests of an emergency nature (as determined by the Personnel 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. Normally, position reviews will be generated in one of two ways: (1) by request of the employee and/or (2) by request of the Department Head Prior to reaching any final decision, the Personnel 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 Personnel 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 Commission and City Council. ARTICLE XXXIII - SALARY REVIEW The City shall conduct a salary review of the Traffic Signal Technician classification. Any recommended salary changes shall be submitted to the City Council for consideration during the budget review process for the period beginning July 1, 1989. ARTICLE XXXIV - LONGEVITY PROGRAM Unit members shall be eligible for a Longevity Pay Program as follows: 10 or more uninterrupted years of City service 2% of Base Pay. 15 or more uninterrupted years of City service 4% of Base Pay. 20 or more uninterrupted years of City service 6% of Base Pay. The amounts above are not cumulative. Employees hired after January 1, 1985 shall not be eligible for Longevity Pay. -14- ARTICLE XXXV - RETIREE MEDICAL Eligibility for and c,~ntributions toward retiree medical insurance shall be as set forth in the Supplemental Memorandum of Understanding between the City and Blue and White Collar Units regarding health benefits dated November 23, 1988. Effective immediately, any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage, 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 plan. ARTICLE XXXVI - TRAINING STEP A Training ("T") step exists for the following classifications: Building Maintainer I Street Maintainer I Canal Tender I Sewer Maintainer I Auto Service Worker Trades Assistant Auditorium Maintainer I Park Maintainer Sanitation Worker I Tree Maintainer I Traffic Painter I Clerk Typist I This step shall be ten (10%) percent 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 to their classification until a training period has been completed. Employees shall be advanced to Step 1 by the end of six months of continuous service. Time spent in the T step shall count towards satisfying the probationary period. ARTICLE XXXVII - DRUG TESTING Introduction. 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. -15- Reasonable suspicion shall mean one or more of the following exists as determined by the Department Head or his/her designee: 1) Having more evidence for than against. 2) An apparent state of facts and/or circumstances which would lead a reasonable person to believe an individual was using drugs/narcotics. 3) A reasonable ground 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: 1) Positively identify employees prior to testing. 2) Provide for employee privacy and security of samples. 3) Establish if an employee is taking any drugs legitimately under medical supervision. 4) 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, t~e 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. A~[TICLE XXXVIII - COURT CALL BACK Effective immediatelb', unit employees in the Police Department shall receive a minimum of three hours compensation at the appropriate rate of pay when called back for court appearances. ARTICLE XXXIX - VACATION The vacation accrual schedule shall provide for accrual of the 4th week of vacation beginning with the 16th year of service instead of the 20th year of service. -16- ARTICLE XL - STATE CERTIFICATIONS The City shall pay for obtaining and maintaining required certifications as follows: Waste Water - Grades 1-3 Parks Pesticides Certificates Sewer Maintenance Sewer Certificates Payments shall be made only for those certificates required by the City. Payment shall be made after an employee successfully obtains the required certificate. ARTICLE XLI - JURY DUTY The City shall amend its Administrative Policy and Procedure regarding jury duty to provide for paid leave when an employee is subpoenaed 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 XLII - AGENCY SHOP No later than March 1, 1989, the City and Union (utilizing the State Mediation Services) shall conduct an election amongst Blue and White Collar Units to determine if the employees in each unit wish to implement an agency shop provision pursuant to Section 3502.5 of the Government Code. Upon the affirmative vote of a majority of the employees voting, the Agency Shop provision will be implemented on April 1, 1989. The City and Union agree: 1. Votes will be tabulated separately by Unit. 2. Extensive effort will be made to educate employees as to the provisions and practical effect of Agency Shop agreements. 3. Extensive effort will be made to encourage all employees within each unit to vote. The Union will indemnify and hold the City harmless from any and all liability arising out of the implementation and administration of the Agency Shop provision, should it be implemented. If the employees elect to implement Agency Shop, the Union agrees to adhere to all statutory and judicial requirements, and to maintain an appropriate complaint procedure. Specifically: -17- SERVICE FEE Union agrees to keep an adequate itemized record of its financial transactions and shall make available annually to the City within sixty days after the end of its fiscal year, a written financial statement in the form of a balance sheet and an operating statement certified as to accuracy by KCPEA's Board and a Certified Public Accountant. Union further agrees to hold such disputed fees in their entirety in an Escrow account to be maintained at the Kern Federal Credit Union, 1717 Truxtun Avenue, Bakersfield, California, pending resolution of the dispute pursuant to the Service Fee Complaint procedure. SERVICE FEE COMPLAINT PROCEDURE This Complaint Procedure shall be utilized solely to resolve disputes arising out of the deduction of a Service Fee by the City pursuant to a negotiated agreement. 1. Issues subject to this Complaint Procedure shall be limited to the following: a. That a portion of the Service Fee deduction is being utilized for non-representational activities. That the non-member is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations. ]in the event that it is determined pursuant to this procedure that such non-member is a member of a religion or body pursuant to this Section, he may designate a charitable fund exempt from taxation under Section 501, Paragraph C. Subsection 3 of the Internal Revenue Code chosen from the following: Any United Way Charity o City agrees to deduct and to remit fees so designated in behalf of one of the above charitable organizations to said organization. -18- Any non-member who objects to the deduction of the Service Fee by the Union shall file a complaint with the Kern County Public Employees Association. The complaint shall be in writing and shall specify the reason(s) for the objection to the deduction. The complaint need not be formal but shall clearly state the basis for the objection. An employee who objects to the deduction of the Service Fee shall forward his written complaint to the Union within forty-five calendar days after the fee is initially deducted. Upon receipt of the written complaint the Union shall place the enti~e Service Fee deduction into Escrow pending resolution of the dispute, and shall request a list of arbitrators from the State Conciliation Service or the American Aribitration Service. Informal Mediation - Notwithstanding Step B, subsection 2, above; either the Union or the complainant may request the services of a State Conciliation Service Mediator in a preliminary effort to resolve the dispute prior to arbitration. The Mediator shall be utilized in an advisory capacity only. Following such non-binding informal advisory mediation, if either complainant or Union is dissatisfied either party may request arbitration. Selection of Arbitrator - The Arbitrator shall be selected by mutual agreement between the Union and the complainant. Date for Complaint Hearing - The Union shall contact the selected Arbitrator within ten calendar days from the date of the completion of the Mediation Process, or in the event that Mediation is not utilized, within ten working days of receipt of the complaint. Upon confirmation by the Arbitrator, the Union will forthwith contact the complainant by Certified Mail indicating the date, time and place of the Complaint Hearing. Payment of Costs - In the event that the Union prevails in said Arbitration, the Cost of Arbitration shall be shared equally between the Union and complainant. Should complainant prevail, Union shall pay the entire cost of the Arbitration. -19- JAN Effect of Arbitrator's Decision - The decision of the Arbitrator shall be final and binding. Upon receipt of the Arbitrator's decision, fees being held in Escrow shall be disbursed by the Union in accordance with said decision. In the event that the Union prevails, the City shall continue to deduct the Service Fees and remit them to the Union as determined by the Arbitrator. ARTICLE XLIII - SEVERABILITY It is understood and .agreed that this Memorandum of Understanding is subject to all present and future applicable Federal and State laws and regulations, and the provisions hereof shall be effective and implemented only to the extend permitted by such laws or regulations. If any part of this Memorandum of Understanding is in conflict or inconsistent with suciq 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 regulation and the remainder of this ~emorandum 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 MEMORANDUM OF UNDERSTANDING entered into and signed this 4 ~98~ day of January, 1989. KCPEA, SEIU LOCAL 700, AFL-CIO CITY OF BAKERSFIELD As_s i~a~t ~'Jy anag~er APP~RO~ED~-A~ TO FDRM~,: // City ,~t~e~'~ Finance Dir~or -20-