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Home My WebLink AboutRES NO 10-88RESOLUTION NO. 10-88 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 SCHEDULE OF PAID HOLIDAYS FOR THE MANAGEMENT UNIT, THE GENERAL SUPERVISORY UNIT, THE POLICE SUPERVISORY UNIT, AND THE FIRE SUPER- VISORY UNIT 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 $EIU are acceptable~ and WHEREAS, with two of the scheduled paid holidays for the Blue and White Collar Units, as specified in the Memorandum of Understanding, falling before the next scheduled Council meeting, it is necessary that the Council adopt a holiday schedule for employees in the Management Unit, the General Supervisory Unit, the Police Supervisory Unit and the Fire Supervisory Unit, not working on a shift basis. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That Resolution No. 11-87, 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with amendatory resolutions, to the extent the same applies to employees in the Blue and White Collar Units, is superseded by this resolution. 2.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 4, 1988, 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 attachment is 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 and officers in the Management Unit, the General Supervisory Unit, the Police Supervisory Unit and the Fire Supervisory Unit for those employees not working on a shift basis. .......... 000 .......... - 2 - I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at regular meeting thereof held on February 3, 1988 ____, by the following vote: AYES COiJNCIL~,tENtBER~; £HILOS,~D%ND' SMtTI-I, RAtTY I'EIERSON, UcS~EltMort t;AlvA~dl{J NOES: COUNCILMEMBERS ABSENT: COUNCILM[MI;L r{S None ABSTAINING: COUNCILMEMBERS NO~ Offi~ CITY CLERK and Ex io Clerk of the Council of the City of Bakersfield APPROVED February 3, 1988 VICE-MAYOR of the City 'of Bakersfield APPROVED as to form: AJS/meg Attachments R RES 5 SALARY.BW1 1/28/88 - 2 - JAN 1988 CLS CLASSIFICATION TITLE 306 A BUILDINQ MAINTAINER I 306 A BUILDING MAINTAINER I TRAINING 308 A AUDITORIUM MAINTAINER I 308 A AUDITORIUM MAINTAINER I TRAINING 310 A BUILDING MAINTAINER II 312 A AUDITORIUM MAINTAINER II 314 A STREET MAINTAINER 314 A STREET MAINTAINER TRAINING 315 A E~UIPMENT OPERATOR I 317 A LIOHT E~UIP OPER-STREETS 318 A LIGHT E~UIP OPER-PARKS 320 A HEAVY E~UIP OPER-STREETS 321 A HEAVY E~UIP OPER-PARKS 322 A HEAVY E~UIP OPER-WATER 323 A HEAVY E~UIP OPER-SANITATION 327 A MOTOR SWEEPER OPERATOR 330 A PARK MAINTAINER 330 A PARK MAINTAINER TRAINING 332 A PAR~ MAINTAINER II 334 A CANAL TENDER I 334 A CANAL TENDER TRAINING CITY OF BAKERSFIELD SALARY SCHEDULE I - BLUE COLLAR UNIT C SALARY D BASIS STEP 1 H HOURLY 7.171 T HOURLY 6.454 STEP 7.529 H HOURLY 7.863 T HOURLY 7.077 STEP 3 7.906 EFFECTIVE DATE: 04 ,JAN 1988 EDU STEP 4 STEP 5 PCT 8. 302 8. 718 H HOURLY 8.630 9.059 9.5[2 9.985 10.486 H HOURLY 9.706 10.190 10.698 11.238 11.797 H HOURLY 9.706 10.190 10.698 11.238 11.797 H HOURLY 11.184 11.740 12.327 12.946 13.590 H HOURLY 11.184 11.740 12.327 12.946 13.590 H HOURLY 11.184 11.740 12.327 12.946 13.590 H HOURLY 11.184 11.740 12.327 12.946 13.590 H HOURLY 11.190 11.750 12.33S 12.951 13.~01 H HOURLY 8.630 9.059 9.512 9.985 10.486 T HOURLY 7.767 H HOURLY 9.706 H HOURLY 8.630 T HOURLY 7.767 10.190 i0.6~8 11.238 11.797 9.059 9.5[2 9.985 10.486 H HOURLY 7.863 8.256 8.670 9.105 9.557 H HOURLY 8.630 9.059 9.5i2 9.985 10.486 H HOURLY 8.630 9.059 9.512 9.985 10.48~ T HOLIRLY 7. 767 JAN 1988 CLS T 335 A 336 A 339 A 33~ A 342 A 343 A 344 A 344 A 346 A 347 A 348 A 34~ A 351 A 352 A 358 A 361 A 361 A 364 A 405 A 406 A 406 A CLASSIFICATION TITLE CANAL TENDER II LABORER SANITATION WORKER I SANITATION WOR~R I TRAININ~ SANITATION WOR~ER II SANITATION WOR~ER III SEER MAINTAIN~R I SEWER MAINTAINER I TRAINING SEWER MAINTAINER II 8EWER MAINTAINER III UTILITY WORKER W-r-~D CONTROLLER WE~LDER ELDER II MACHINIST TREE MAINTAINER I TREE MAINTAINER I TRAINING TREE MAINTAINER II SPRAY RI~ OPERATOR PARTS & MATERIALS GLERK AUTO SERVICE WORKER AUTO SERVICE WORKER TRAININg CITY OF BAKERSFIELD SALARY SCHEDULE 1 - gLUE COLLAR UNIT EFF~:CTIUE DATE: SALARY BASIS STEP I ST~-'P 2 STEP 3 STEP 4 HOURLY 9.706 10.1~0 10.698 11.238 HOURLY 7.171 7.52~ 7.~06 8.302 HOURLY 8.630 9.059 9.522 9.985 HOURLY 7.767 04 JAN 1988 EDU STEP 5 PCT 1 i. 797 8. 718 10. HOURLY 9.70& 10.190 10.698 11.238 11.797 HOURLY 9.706 10.190 10.6~ 11.~38 11.797 HOURLY 12.947 13.592 14.273 14.987 15.736 HOURLY 8.630 9.059 9.512 9.~85 10.486 HOURLY 7.767 H HOURLY 9.706 10.190 10.6~8 11.238 11.797 H HOURLY 10.664 11.194 11.754 12.343 12.959 H HOURLY 7.863 8.256 8.670 9.105 9.557 H HOURLY 7.058 7.411 7.783 8.173 8.579 H HOURLY 11.731 12.321 i2.937 13.584 14.267 H HOURLY 12. 894 13. 535 14. 215 14. 920 15. &&9 H HOURLY 12.894 13.535 14.215 14.920 15.669 H HOURLY 8.630 9.0~9 9.512 9.985 10.486 T HOURLY 7.767 H HOURLY 9.706 10.190 10.698 11.238 11.797 H HOURLY lO. 664 11. 194 11. 754 12. 343 12. 959 H HOURLY 8.630 9.059 ~.512 9.985 10.486 T HOURLY 7.767 JAN 0 CLS T 40S A A 410 A 413 A 414 A 419 A 450 A 455 A 424 A 458 A 430 A 435 A 433 A 435 A 436 A 439 A 447 A 447 A 448 A 719 A 757 A CLASSIFICATISN TITLE TRAFFIC PAINTER I TRAFFIC PAINTER I TRAINING ELECTRICAL TECH II ELECTRICAL TECH I AIR COND TECHNICAN I TRAFFIC PAINTER MAINT CRAFT WORKER I MAINT CRAFT WORKER II AUTO BODY REPAIR WORKER EGUIPMENT MECHANIC EGUIPMENT MECHANIC II MAINTENANCE MECHANIC AUTOMOTIVE PL~CHANIC INDUSTRIAL WASTE INSPECTOR W W TREAT PL LAB TECH OP W W TREAT PLANT OPR I W W TREAT PLANT OPR II TRADES ASSISTANT TRADES ASSISTANT TRAINING TRADES ASSISTANT - FIRE HYDR TRAFFIC PAINTER III AIR COND TECH II CITY OF BAKERSFIELD SALARy SCHEDULE I - SLUE COLLAR UNIT C SALARY D BASIS STEP 1 H HOURLY 8.&30 T HOURLY 7.767 STEP ~ STEP 3 9. 512 EFT:ECTIVE DAT~: 04. ,~AN 1988 EDU STEP 4 STEP 5 PCT 9. 985 10. 486 H HOURLY 9.706 10.190 10.698 11.238 11.797 H HOURLY 10.664 11.194 11.7=4 15.343 15.9D9 H HOURLY 15. 579 13. 508 13. 868 14. 558 15.287 H HOURLY 13.457 14.125 14.834 15.574 1&.355 H HOURLY 11.948 12.549 13.174 13.830 14.525 H HOURLY 11.731 12.321 15.937 13.584 14.267 H HOURLY 9.706 10.190 i0.678 11.238 11.797 H HOURLY 11.446 12.053 12.621 13.255 13.914 H HOURLY 15.564 12.884 I3.532 14.519 14.941 H HOURLY 15.894 13.535 14.215 14.950 15.669 H HOURLY I5,894 13.535 14.215 14.950 15.669 H HOURLY 13.378 14.05I [4.765 15.510 16.298 H HOURLY 11.160 11,721 12.303 15.919 13.566 H HOURLY 10.651 11.184 11.741 12.328 i2.945 H HOURLY 11.430 15.000 i2.600 13.259 I3.891 H HOURLY 11,430 15.000 15.600 13.229 13.891 H HOURLY 9,470 9.941 10.437 10.962 I1.510 H HOURLY 10. 664 11.194 11. 754 12. 343 15. 959 H HOURLy 9. 706 10. 190 10. 698 11. 23S 11. 797 T HOURLY 8. 554 CITY OF SAKERSFIELD SALARY SCHEDULE 2 - WHITE COLLAR UNIT 0 C SALARY CLS T CLASSIFICATION TITLE D BASIS STEP 1 120 A POLICE LAB TECHNICIAN H HOURLY 12.894 145 A POLICE SERVICE TECH H HOURLY 9.335 146 A FIRE SERVICE TECH H HOURLY 9.335 147 A VOLUNTEER COORDINATOR (TEMP) H HOURLY 9,335 148 A FIRE PREVENTION INSP/PETRDLE H HOURLY 9. 333 301 A PARKS-COMM CENTER WORKER H HOURLY 8.355 302 A RECREATION PROGRAM ASSISTANT H HOURLY 9.308 503 A PLANNING TECHNICIAN H HOURLY 11.703 504 A ASSISTANT PLANNER H HOURLY 12. 740 505 A ASSISTP~T PL~ddNER II H HOURLY 14.489 508 A DATA PROCESSING OPR H HOURLY 9.690 509 A PROGRAMMER/ANALYST H HOURLY 12. 366 510 A OFFICE SYSTEMS ANALYST H HOURLY 12.366 512 A ENGINEER I H HOURLY 14.850 513 A ENGINEER II H HOURLY 17.079 516 A TRANSPORTATION PLANNER H HOURLY 17.079 518 A ENGINEERING AIDE I H HOURLY 8.630 521 A EN~INEERIN~ AIDE II H HOURLY 9.706 5~2 A ENGINEERING AIDE III H HOURLY 10.664 523 A GRAPHICS TECHNICIAN H HOURLY 11.160 524 A ENGINEERING DRAFTER H HOURLY 11. l&O 525 A CONSTRUCTION INSPECTOR I H HOURLY 12.264 526 A CONSTRUCTION INSPECTOR II H HOURLY. I3.490 STEP 2 13.535 9.803 9. 803 ~.803 9.803 8.799 9.803 12.286 13.378 15.213 10.177 12. 9B4 15. 593 17.932 10.1~0 11.194 11.721 11. ?21 12.884 24.166 STEP 3 14.215 10.295 10.275 10.295 10.295 ~.~41 10.295 12.900 14.043 15.975 1D. 6B7 13.633 16.374 18.830 18.830 9. 512 10.~98 11.754 12.303 12.303 13.532 14.873 EFFECTIVE DATE: STEP 4 14.920 10.810 I0.810 10.810 10.810 ~.703 10.810 13.544 14.745 16.772 11.222 14.311 14.311 I7.194 9.985 11.23S 12.343 12.919 14.219 04 JAN lC~8S EDU STEP 5 PCT 11. 350 11. 350 11. 350 11. 350 11. 3,50 !5. 484 17. 610 11.7S2 i5. 031 15. 031 18. 053 20.75~ 20. 759 10. 486 11, 797 12. 0,59 13. 566 14. 941 16. 396 ~7 ~,N 19SS 0 CLS T CLASSIFICATION TITLE 527 A ENGINEERING TECH I 529 A TRAFFIC OP TECHNICIAN 603 A ACCOUNTANT I 604 A ADMINISTRATIVE ANALYST I 605 A ACCOUNTING CLERK I 606 A ACCOUNTING CLERK II 607 A * ACCT CLERK II CONF 608 A FINANCIAL INVESTIGATOR 609 A BUDGET ANALYST 610 A BUYER-TRAINEE 611 A ADMINISTRATIVE ANALYST II 612 A CASHIER-RECEPTIONIST 614 A MICROGRAPHIC TECHNICIAN 616 A * CLERK STENO II CONF 618 A CLERK STENOQRAPHER I 620 A * LEGAL STENOGRAPHER II 621 A CLERK STENOGRAPHER II 622 A CLERK TYPIST I 6~2 A CLERK TYPIST I TRAINING 623 A CLERK TYPIST II 624 A * CLERK TYPIST II CONF 625 A TRANSCRIBINQ TYPIST 627 A KEYPUNCH OPERATOR I CITY OF BAKERSFIELD SALARY SCHEDULE 2 - WHITE COLLAR UNIT EFFECTIVE DATE: 04 ~AN 1988 C SALARY EDU D BA818 STEP I STEP 2 STEP 3 STEP 4 8TEP 5 PCT H HOURLY 13.490 14.166 14.873 15.618 H HOURLY 13.457 14.125 14. S34 15.574 16.352 H HOURLY 11.503 12.079 IA. 685 13.318 13.985 H HOURLY 12.740 13.378 14.043 14.745 15.484 H HOURLY 7.863 8.256 8.670 9. 105 9.557 H HOURLY 8.68~ 9. 1~3 9.582 10.059 H HOURLY 8.689 9.1~3 9.582 10.059 10.563 H HOURLY 8.689 9.123 9.582 10.059 10.563 H HOURLY 12.740 13.378 14.043 14.745 15.484 H HOURLY 10.158 10.669 11.198 11.758 IA. 349 H HOURLY 13.6~9 14.319 15.044 15.808 H HOURLY 7.508 7.883 8.277 8.690 9.127 H HOURLY 7.756 S. 145 8.557 8.981 9.431 H HOURLY 8.122 8.5E5 8.954 9.406 9.871 H HOURLY 7.508 7.883 8.277 8.690 9.127 H HOURLY 8.508 8.927 9.376 9.843 10.337 H HOURLY 8.1A2 8.525 8.954 9.406 9.871 H HOURLY 6.848 7.193 7.550 7.930 8.3A6 T HOURLY 6.164 H HOURLY 7.756 8,145 8.557 8.981 9,431 H HOURLY 7,756 8.145 8.557 8,981 9.431 H HOURLY 8.268 8.680 9,115 9.569 10~050 H HOURLY 7.171 7.529 7.906 8.302 8.718 0 CLS T CLASEIFICATION TITLE &28 A KEYPUNCH OPERATOR II 630 A * LEOAL SECRETARY 632 A DATA PROC ACCT CLERK 636 A * PERSONNEL CLERK 637 A TELECOMMUNICATOR I 638 A TELECOMMUNICATOR II 639 A REVENUE PROQRAM AID 640 A * PERSONNEL TECHNICIAN 641 A PARK & LANDSCAPE DESI~N &42 A RECEPTIONIST 643 A ADMINISTRATIVE TECHNICIAN 644 A NYDRO~RAPHER 645 A * SECRETARY I 646 A HYDRDQRAPHIC DISPATCHER 649 A * SECRETARY II 650 A DEPUTY CITY CLERK 703 A PARK PLANNER 704 A PERSONNEL ANALYST 705 A PLAN CHECKER (RESIDENTIAL) 706 A ASSOCIATE PLANNER 707 A ASSOC PLANNER eOM DEV 708 A BUILDINO INSPECTOR II 710 A REHABILITATION SPCLIST CITY OF BAKERSFIELD SALARY SCHEDULE 2 - WHITE COLLAR UNIT EFFECTIVE DATE: 04 ~N 1988 C SALARY EDU D BASIS STEP I 8TEP 2 STEP 3 STEP 4 STEP 5 PCT H HOURLY 7.863 8,256 8.670 9.105 9.557 H HOURLY 9.548 10.026 10.528 lI. 052 11.603 H HOURLY 8.235 8.644 9.076 9.535 10.009 H HOURLY 9.548 10.026 10.52S 11.052 11.603 H HOURLY 9.558 10.038 [0.540 11. 068 11.621 H HOURLY 10, 168 10.679 11. 211 11.773 12. 362 H HOURLY 9.470 ~.94i 10.437 10.962 11.510 H HOURLY 12.328 12.945 13.592 14.272 14.985 H HOURLY 13.563 14.240 14.952 15.701 16.487 H HOURLY 7.508 7.883 8.277 8.690 9.127 H HOURLY 12.328 12.945 13.592 14.272 14.985 H HOURLY 14.575 15.305 16.071 16.873 17.714 H HOURLY 8.689 9,123 9.582 10.059 10.563 H HOURLY 9.706 10.190 10.698 11.~38 11.797 H HOURLY 9.548 10.026 10.528 11. 052 11.603 H HOURLY 11.503 12.079 12.685 13.318 13.985 H HOURLY 16.011 16.812 17.652 18.537 19.463 H HOURLY 15.672 16.455 17.~78 18. 142 19.049 H HOURLY 15.358 16.137 16.953 17.813 18.713 H HOURLY 16.011 16.812 17.~52 18.537 !9.463 H HOURLY 16.011 16.812 17.652 18.537 19.463 H HOURLY 13.490 14.166 14.873 15.618 16.396 H HOURLY 13.490 14.16& 14,873 15.618 16.396 27 ~N 1988 CITY OF BAKERSFIELD SALARY SCHEDULE 2 - WHITE COLLAR UNIT 0 C SALARY CLS T CLASSIFICATION TITLE D BASIS STEP 1 713 A SENIOR PRD~RAMMER/ANALYST H HOURLY 15,358 714 A BUILDINQ INSPECTOR I H HOURLY 12.264 716 A BUILDIN~ PERMIT TECHNICIAN H HOURLY 12. 264 734 A POLICE PROPERTY MOR H HOURLY 11. 160 737 A COMMUNICATIONS TECHNICIAN I H HOURLY 12.264 738 A COMMUNICATIONS TECHNICIAN II H HOURLY 14.489 752 A BUYER I H HOURLY 10.955 754 A BUYER II H HOURLY 13.490 789 A COMMUNITY CENTER LDR H HOURLY 10.158 801 A * ADMINISTRATIVE AIDE H HOURLY 11.503 STEP 2 16.137 12.884 12.884 11.721 12.884 15.213 11.502 14.166 10.669 12.079 STEP 3 1&,953 13.532 12.303 13.532 15.975 t2.082 14~873 li. 198 12.685 EFFECTIVE D~TE; STEP 4 17.813 14.219 14.219 1&.772 12.683 15.618 11.758 13.318 04 ~JAN 1988 EDU STEP :~ PCT 18. 713 14. 941 14. 941 13. 14. 941 17. 610 13. 320 16. 396 1~>. 349 13. Ctty Contract No. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BAF~ERSFIELD 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 others 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, CI0 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 shall commence on January 1, January 2, 1989 that the term of this agreement 1988 and expire at 12:00 midnight on 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 rene~;al 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 2, 1989. 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 performance of all the duties of an authorized, funded, permanent, full-time position in one class by an employee on 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 out-of-class classification. -4- ARTICLE XI - PROCESSING OF FORMAL GRIEVANCES Section 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. Section 2. Stewards will be permitted reasonable time off with pay for the investLgation 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 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 than 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 th.~ City agrees to release said witness from -5- work if he/she is on 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 4, 1988, salary ranges shall be increased by four (4%) percent for all classifications. ARTICLE XV - STAND-BY PAY The City and the Union 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 ($20) 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 assigned 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 agrees to consult with the Union on any proposed changes in the insurance program prior to implementation, including selection of carrier, insurance contract renewal, changes on program specifications and complaints by employees relative to the quality of service being rendered by the insurance carrier. Such consultation may be initiated by the City or the Union. Further, the City and Union agree, through the Medical Insurance Committee, to solicit proposals for alternative insurance coverages. At suck time as bids are received for new insurance coverages the City and Union agree to meet and confer on possible changes in plan configuration, provider and City contribution amounts. Medical and Dental Benefits. Effective immediately, the City shall pay the cost of medical and dental insurance premiums, subject to the following maximum amounts: -7- Category Employee only Employee and one dependent Family Further, the City during the month of December, Fee Dental Dental Net Fee Dental Dental Net Fee Health Health Net Health Net Fee Health $ 51.26 $ 42.92 $ 42.55 $ 51.11 $103.21 $ 86.52 $ 85.82 $102.91 $141.41 $116.34 $116.82 $140.93 shall pay increases in health net coverage occurring 1988. Employees shall pay the balance through payroll deduction. 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. Vision Insurance. As soon as practicable, the City shall implement vision insurance coverage for all employees and their family members. Plan coverage shall be as agreed by the medical insurance committee. The City shall pay the full premium for the term of this agreement. 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 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. -8- 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 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. 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. ARTICLE XXI - T.F. AD 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: -9- (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 responsibilities 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: -1988- Friday February 12, 1988 - Lincoln's Birthday Monday February 15, 1988 - Washington's Birthday Monday May 30, 1988 - Memorial Day Wednesday July 1, 1988 2 Floating Holiday Credited* Monday July 4, 1988 - Independence Day Monday September 5, 1988 - Labor Day Friday November 11, 1988 - Veteran's Day Thursday November 24, 1988 - Thanksgiving Day Friday November 25, 1988 - Day After Thanksgiving Monday December 26, 1988 - Christmas Day Monday January 2, 1989 - New Year's Day * Note: Floating Holidays 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 occurrance 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. -10- (c) Floating Holidays. Each employee in the Blue and White Collar Unit, who is employed by the City as of July 1st of each fiscal year shall be eligible for two floating holidays per fiscal year of their choice. Floating holidays 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) . ARTICLE XXIII - SHIFT ~3SIGNMENTS 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. (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. ARTICLE XXV - UNIFORM ALLOWA/qCE 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 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 ~o the employee all required patches and chevrons. ARTICLE'XXVI - T00L ALLOWANCE Equipment Mechanics who are employed as of January 1st, and are required to provide a full complement of handtools as approved by the Public Works Director shall be reimbursed by the City for approved tool purchases up to $300 per year. Trades Assistants -11- who are employed as of January 1st and are required to provide a partial complement of hand tools as approved by the Public Works Director shall be reimbursed for approved tool purchases up to $200 per year. Service Workers who are employed as of January 1st 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. 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. AI%TICLE XXVIII - SICK T~AVE 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. i~/{TICLE 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 ~uring normal working time to conduct personal -12- business. Personal leave shall require prior approval and shall be taken in minimum two (2) hour increments. ARTICLE XXX - DEFERRED COMPENSATION PLAN Employees in the Blue and White Collar Units may voluntarily participate in the City sponsored Deferred Compensation Plan. i~RTICLE 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 STUDIES/AMENDMENTS Effective January 1, 1988, the following classification amendments shall be made: One Trades Assistant position (R. Whitmore) shall be reclassified to Craftsworker I; Electrical Technician II classification assigned to traffic signal work shall be retitled Traffic Signal Technician. As soon as practicable, the City shall create a Tree Maintainer ItI classification.~ The salary range equal to other III classifications in the unit. The position shall be filled through promotiona2 examination. Further, the City shall conduct a classification and internal relationship study of the entire Recreation Department. The study shall be completed with recommendations for any classification changes to be submitted to Council for consideration during the budget review process for the period beginning July 1, 1988. ARTICLE XXXIII - 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. -13- ARTICLE XXXIV - RETIREE MEDICAL Only employees witlh a minimum of fifteen years accumulated service shall be eligible for participation in the Retiree Medical Insurance program. The fifteen year minimum shall be waived for employees retiring because of disability. The section shall ]become effective only if implemented for all employee groups. ARTICLE XXXV - 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 XXXVI - 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 a prescription or 3) being under the influence of alcohol during working hours. Reasonable suspicion shall mean one or more of the following exist as determined by the department head or his/her designee: 1) Having more evidence for than against. -14- 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. Develop a two-step test. Both urine and blood samples shall be drawn. Any specimen testing positive in the urinalysis, shall be subject to confirmation by blood test. 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 XXXVII - CHARTER / CODE REOPENER The City is currently undertaking a comprehensive consultant study of its personnel system. The study recommendations may require modificatic. n to code, rule or charter provisions. The City and Union agree to meet and confer on any proposed changes which involve matters within the scope of representation prior to the City taking any action. The Union shall have the right to propose changes to code, rule or charter provisions to the consultant and the City as part of the review process. ARTICLE XXXVIII - 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. -15- ARTICLE XXXIX - STATE CERTIFICATIONS Effective immediately, 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 the City. Payment shall be made after an employee obtains the required certificate. required by successfully ARTICLE XL - SE~ERABILITY 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 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 regulation and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. The City and Union agree to meet and confer in an attempt to replace and/or adjust for any suspended or superseded provisions. THIS MEMORANDUM OF UNDERSTANDING entered into and signed this day of January, 1988. KCPEA, SEIU LOCAL 700, AFL-CI0 Chief Negotiator /"~2 -16- CITY OF BAKERSFIELD s !~~ t y Manager