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.
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I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on 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
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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
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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.
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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.
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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
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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.
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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
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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.
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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:
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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
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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.
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(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.
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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.
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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
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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
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