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HomeMy WebLinkAboutRES NO 6-85RESOLUTION NO. 6-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE MEMORANDUM OF UNDERSTANDING SETTING SALARIES AND RELATED BENEFITS FOR OFFICERS AND EMPLOYEES O~ THE BLUE AND WHITE COLLAR UNITS OF THE CITY OF BAKERSFIELD. 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 this City's Blue and White Collar Unit employees; and WHEREAS, the City's negotiator and the $EIU have agreed to a Memorandum of Understanding, as attached hereto; and WHEREAS, the Council has determined that such Memorandum of Understanding complies with the guidelines established by the City Council; and WHEREAS, the Council has determined that the salaries and related benefits as contained in the attached Memorandum of Understanding and all other provisions thereof shall commence on January 1, 1985, and expire midnight on January 1, 1987. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that commencing on January 1, 1985, the attached document, entitled "Agreement Between Kern County Public Employees Association, S.E.I.U. Local 700, AFL-CIO, and the City of Bakersfield, Covering White and Blue Collar Units, 1984 - 1986," shall constitute the salary schedule and related benefits for officers and employees for the categories and positions specified therein, and that the whole of said attachment is hereby incorporated and approved as the Memorandum of Understanding between the City of Bakersfield and the SEIU for Blue and White Collar Units for the period January 1, 1985, to January 1, 1987. .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 21st day of January, 1985, by the following vote: AYES: COUNCfLMEN! BARTON, CHILDS, CHRISTENSEN. DICKERSON, MOORE. R AI'I'Y, ROCKOFF CI~ CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 21st day of January, 1985 MAYOR of the City c~f Bakersfield APPROVED as to form: C~TY ATTOR~Y of the/City of Bakersfield RJO/bl 2. AGREEMENT BETWEEN KERN COUNTY PUBLIC EMPLOYEES ASSOCIATION S.E.I.U. LOCAL 700, AFL-CIO AND THE CITY OF BAKERSFIELD COVERING WHITE AND BLUE COLLAR UNITS 1984 - 1986 ]984-86 MEMORANDUM OF UNDERSTAND TABLE OF CONTENTS ARTICLE I - Purpose ARTICLE II - Recognition ARTICLE III - Term of Agreement ARTICLE IV - Renewal ARTICLE V - Maintenance of Benefits ARTICLE VI - Representation - Union officers ARTICLE VII - Union Stewards ARTICLE VIII - No Strike or Lockout ARTICLE IX - Management Rights ARTICLE X - Working out of Classification ARTICLE XI - Processing of Formal Grievances ARTICLE XII - Equal Opportunity Employment ARTICLE XIII - PERS Pick-Up ARTICLE XIV - Compensation ARTICLE XV - Stand-By Pay ARTICLE XVI - Promotions ARTICLE XVII - City Insurance Contribution ARTICLE XVIII - Health and Safety ARTICLE XIX - Safety Equipment ARTICLE XX - Training ARTICLE XXI - Lead Assignment ARTICLE XXII - Holidays ARTICLE XXIII - Shift Assignments ARTICLE XXIV - Shift Differential ARTICLE XXV - Uniform Allowance ARTICLE XXVI - Tool Allowance ARTICLE XXVII - Compensatory Time ARTICLE XXVIII - Sick Leave 1 1 2 2 2 2 3 3 3 4 4 5 5 6 6 6 6 7 7 8 8 8 9 9 10 10 10 10 ARTICLE XXIX - Personal Necessity Leave ARTICLE XXX - Deferred Compensation Plan ARTICLE XXXI - Payroll Deductions ARTICLE XXXII - Classification Studies ARTICLE XXXIII - Special Salary And Classification Adjustments ARTICLE ~YXIV - Longevity Program ARTTCEE XXXV - Retiree M6dical ARTIELE Y~XXVI - Training Step ARTICLE XXXVII - Negotiations Reopener ARTICLE XXXVIII - Severability 11 I1 I1 I1 11 i2 12 12 13 13 MEMORANDUM OF UNDERSTANDING 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 listed in Appendix "A" attached hereto and incorporated herein 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 own behalf in his 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 1, 1985 and expire at 12:00 midnight on January l, 1987. ARTICLE IV - RENEWAL i'he 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 obiigat~d 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, 1987. 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 Jn fuji force and effect for the duration of this agreement: Hours of Work, Call-Back, Overtime, Jury Duty, Sick Leave and Vacation. Section 2. It is understood that existing ordinances, resolutions and policies of the City covers matters pertaining to employer-employee relations including, bnt 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. 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. -2- 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 I. 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 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. ARTICLE IX - MANAGEMENT RIGHTS The parties hereto recognize the City and 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 Memoranudm 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 in- corporated 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 -3- 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 ex- tended 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 or all the duties of an authorized, funded, permanent, full-time position in one class by an employee on a position in another 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. ARTICLE XI - PROCESSING OF FORMAL GRIEVANCES Section i. 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 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 designess 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 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 imm~ediately informed when the employee will be made available. -4- Section 4. The parties agree that all formal grievances will be processed in accordance with the City's grievance procedure. The parties also agree than asy 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 the City agrees to release said witness from work if he 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 to him 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) '~hc opinion of the third party shall be strictly advisory and shall be submitted to the employee or his designated representative and to the C~tv Manager for his further consideration. (8) No opinion of the third party shall require the exercise of the legis- lative 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 F~MPLOYMENT The City and the Union agree that the provisions of this Agreement shall be applied equally to all employees covered herein without favor or dis- crimination 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, 198] 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 pt~rsoant to Section 414 (h) (2) of the Internal Revenue Code. ARTICLE XIV - COMPENSATION Effective January 7, 1985 salary ranges shall be increased by five percent (5%) 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 $20 per each eight hours on stand-by or fraction thereof. Such pay shall be in addition to any call back compensation. To the extent feasible, the parties agree that stand-by shall be assigned on an equitable basis to all eligible employees. ARTICLE XVI - PROMOTIONS The City agrees that whenever there are, in the employ of the City, a sufficient number of employees who meet the minimum qualifications for an open position and have performed at the standard level or above, the job examination for that position shall be given on a promotional or open-promotional basis whereupon City employees will be placed at the top of the list in accordance with existing Civil Service Rules. ARTICLE XVII - CITY INSURANCE CONTRIBUTION The City agrees to consult with the Union on any proposed changes in the insurance program prior to implementation, including selection of carrier, insurance contract renewal, changes on program specifications and complaints by employees relative to the quality of service being rendered by the insurance carrier. Such consultation may be initiated by the City or the Union. Medical and Dental Benefits. Effective January I, 1985 the City shall pay the cost of medical and dental insurance premiums, subject to the following maximum amounts: Cate$ory Bi-weekly maximum Employee only $42.14 Employee and one 84.97 dependent Family 114.05 Employees shall pay the balance through payroll deduction. The difference between the payroll deduction for those employees enrolled in Health Net Family Category under the new contribution levels and that actually paid by payroll deduction for the period beginning December 24, 1954 shall be refunded to those employees. Effective December 24, 1984 the City shall end payments to the medical reserve fund. The fund shall remain in existence until it is depleted through the payment of increased employee -6- medical insurance premiums or other agreed upon expenditures. Life Insurance. For the term of this Agreement, the City shall maintain in effect and pay the premium for the existing life insurance coverage. Orthodontics. Effective January 1, 1985 orthodontics shall be added to the Dental Net coverage. 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 pas~ed by the State of California to implement that plan. Sectio~ 2. I'he City agrees that any safety courses the employees are req~ir~,d to take will be provided on City time with pay. Section 3. The City agrees to maintain a Safety Program in accordance with, snd where requried by law. Section 4. The Union agrees to support without qualification, the City's Safety Program and will encourage its members to attend safety courses and to obtain First Aid Certificates if required by the City and made available on City time. Section 5. Both the City and the Union recognize the need and will strive to reduce the n~mber 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 employes 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 immediate supervisor, any employee has the right to submit the matter either personally or through the steward to his department head or his 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, golves, 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, pro- curement procedures and limitations and exclusions. -7- ARTICLE XX - TRAINING The City and Union recognizes that the training programs and the advancement of employees to positions or higher skill 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 performance on the job and to make such training a condition of employment. Whenever possible and practical, the City will rotate the scheduling of em- ployees into training programs in order to assure employees an equal oppor- tunity in advancing to higher classifications. 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. ~en 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 man 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: -1985- Tuesday January 1, 1985 Tuesday February 12, 1985 Monday February 18, 1985 Monday May 27, 1985 Monday July 1, 1985 Thursday July 4, 1985 Monday September 2, 1985 Monday November 11, 1985 Thrusday November 28, 1985 Friday November 29, 1985 Tuesday December 24, 1985 Wednesday December 25, 1985 Tuesday December 31, 1985 New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday Credited* Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving ½ Day Christmas Eve Christmas Day ½ Day New Year's Eve -8- -1986- Wednesday Janoary 1, 1986 Wednesday February I2, 1986 Monday February 17, 1986 Monday May 26, 1986 Tuesday July 1, 1986 Friday July 4, 1986 Monday September I, 1986 Tuesday November 11, 1986 Timrsdav November 27, I986 Friday November 28, 1986 Wednesday December 24, 1986 Thursday December 25, 1986 Wednesday December 31, 1986 New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Floating Holiday* Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving ~ Day Christmas Eve Christmas Day ~ Day New Year's Eve * 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 occurance as paid holidays. (~) ~enever a holiday falls on a Sunday, the following Monday shall be observed. Wbenever a holiday falls on a Saturday, none of the above shall be observed as a holiday. (c) One Floating Holiday. Each employee in the Blue and White Collar Unit, who is employed by the City as of January Ist of each fiscal year shall be eligible for one floating holiday 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 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 50¢ per hour will be paid any employee when the majority of their shift falls between the hours of 3 p.m. and 7 a.m. -9- (B) Effective the first full pay period in January 1986, a shift differential of 75¢ per hour will be paid any employee when the majority of their shift falls between 12:00 midnigbt and 7:00 a.m. The shift differential for any employee working the majority of their shift between the hours of 3:00 p.m. and 12:00 midnight will remain unchanged. 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. The present level of uniform service established by the City will be maintained throughout tbe contract term. 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 dollar (15250) per year uniform allowance. Community Service Technicians shall receive a ($300) 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 July 1st, and are required to provide a full complement of hand tools as approved by the Public Works Director shall be reimbursed by the City for approved tool purchases up to $250 per year. Trades Assistants who are employed as on July 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 $150 per year. During the final six months of this contract employees shall be entitled to a Pro Rata share of Annual Allowance. Such tools shall remain the property of the individual employee. ARTICLE XXVII - COMPENSATORY TIME The accumulation of compensatory time shall not exceed sixty (60) hours. Any compensatory time in excess of sixty (6) 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. 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. -10- ARTICLE XXIX - PERSONAL NECESSITY LEAVE The City agrees to allow each employee covered by this agreement to utilize e~ght (8) hours per year as personal necessity leave, chargeable to sick leave. Such leave is designed to permit employee time off during norma] 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 PI~N Employees in the Blue and White Collar Units may voluntarily participate in the City sponsored Deferred Compensation Plan. 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 STUDIES The City shall conduct classification and internal relationship compensation studies of the following positions: Light Equipment Operator and Related Classifications Sanitation Worker III Park and Landscape Designer Community Service Technician (lab) Job evaluation questionnaires shall be distributed within thirty days of the signing of this Agreement. The studies shall be completed no later than May t, 1985. The City shall implement the results of its studies July 1, 1985. ARTICLE XXXIII - SPECIAL SALARY AND CLASSIFICATION ADJUSTMENTS Salary Range Adjustments. 1) Effective January 7, 1985 the Transcribing Typist classification shall receive a salary range adjustment equivalent to a five (5%) percent increase. 2) Effective January 7, 1985 the Hydrographer classification shall recieve a salary range adjustment equivalent to a ten and seven-tenths (10.7%) percent increase. Classification Adjustments 1) Effective January 7, 1985: a) The current position of Traffic Painter II shall be retitled Traffic Painter III. b) The current position of Traffic Painter I shall be retitled Traffic Painter II; and c) the new classification of Traffic Painter I shall be created, at a salary equal to Park Maintainer, Sanitation Worker I, etc. -i1- Effective February 4, 1985: a) Individuals in the Weed Controller Classification shall be reclassified to Canal Tender. The Weed Controller classification shall be eliminated. b) The Canal Tender classification shall be retitled Canal Tender I c) The new classification of Canal Tender II shall be created, at a salary equal to Park Maintainer II, Sanitation Worker II, etc. d) Three of the existing Canal Tenders shall be reclassified to Canal Tender II. Costs ~f salary range and classification adjustments may be charged against the medical reserve fund, in the City's discretion. ARTICLE XXXIV - LONGEVITY PROGRAM Unit members shall be eligible for a Longevity Pay Program as follows: 10 or more uninterupted years of city service 2% of Base Pay. 15 or more uninterupted years of city service 4% of Base Pay. 20 or more uninterupted years of City service 6% of Base Pay. The ameunts above are not cumulative. Employees hired after January 1, 1985 shall not be eligible for Longevity Pay. ARTICLE XXXV - RETIREE MEDICAL Effective January 1, 1985 only employees with a minimum of fifteen years continuous 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 XXXVI - TRAINING STEP Effective February 1, 1985 a Training ("T") step is created 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 the A step. Newly hired employees shall be hired at the T step whenever, in the opinion of the City, the hiree -12- is not fully prepared to function in their classification until a training period has been completed. Employees shall be advanced to the A step by the end of six months of continuous service. Time spent in the T step shall count towards satisfying the probationary period. ARTICLE XXXVII - NEGOTIATIONS REOPENER Negotiations shall be reopened on the subjects of across the board salary adjustments and City contributions to medical insurance only for the second year of this agreement (January 1, 1986). All ohter matters within the scope of representation shall not be subject to negotiation for the term of this agreement, unless the parties mutually agree to such negotiation. ARTICLE XXXVIII - SEVERABILITY It is understood and agreed that this Memorandum of Understanding is subject to all present and future applicable Federal and State laws regulations, and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of Federal or 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. THIS MEMO~\NDUM OF UNDERSTANDING entered into and signed this day of January, 1985. KCPEA, SEIU LOCAL 700, AFL-CIO CITY OF BAKERSFIELD Chief Negotiator Assistant City Manager Chief Negotiator -13-