HomeMy WebLinkAboutReso 94-092 - Approve provisions of MOU between COR & REO/SEIU effective 04/10/94 employees in the Confidential Bargaining Unit fo RESOLUTION NO. 94- 92 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING
THE PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF REDDING AND THE REDDING EMPLOYEES ORGANIZATION/SERVICE
EMPLOYEES INTERNATIONAL UNION, EFFECTIVE APRIL 10, 1994, WITH
RESPECT TO EMPLOYEES IN THE CONFIDENTIAL BARGAINING UNIT
WHEREAS,the Redding Employees Organization/Service Employees International Union with
respect to certain employees in the Confidential Bargaining Unit has been formally recognized as the
majority representative of an appropriate unit of employees, as set forth in Section 2.1 of Article 2 of
the attached Memorandum of Understanding; and
WHEREAS, the designated representatives of the City of Redding have conferred with and
entered into a Memorandum of Understanding with the designated representatives of the Redding
Employees Organization/Service Employees International Union with respect to certain employees
in the Confidential Bargaining Unit of the City of Redding, as required by the provisions of the
Meyers-Milias-Brown Act of 1968; and
WHEREAS, a copy of the Memorandum of Understanding is attached hereto and incorporated
herein by reference;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby
approves the aforesaid Memorandum of Understanding, effective April 10, 1994.
1 HEREBY CERTIFY that the foregoing Resolution was introduced and read at a special
meeting of the City Council of the City of Redding on the 13th day of April, 1994, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Kehoe and Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Arness and Dahl
ABSTAIN: COUNCIL MEMBERS: None
'-ROBERT C. ANDERSON, Vice Mayor
City of Redding
ATTEST: FORM APPROVED:
CONNIE STROHMAYER, C C rk *AALL A. HAY , C y Attorney
AMENDED BY RESO #94-271
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MEMORANDUM OF UNDERSTANDING
between
THE CITY OF REDDING
and
REDDING EMPLOYEES ORGANIZATION
of the
SERVICE EMPLOYEES INTERNATIONAL UNION
CONFIDENTIAL EMPLOYEES' UNIT
EFFECTIVE: April 10, 1994
TABLE OF CONTENTS
ARTICLE Page
1 Preamble --------------------------------------- 1
2 Recognition ------------------------------------ 2
3 City Rights ------------------------------------ 2
4 Union Rights ----------------------------------- 3
5 Concerted Activities --------------------------- 4
6 Union Security --------------------------------- 4
7 Grievance Procedure ---------------------------- 5
8 Safety ----------------------------------------- 7
9 Disability and Unemployment -------------------- 7
10 Employee Status -------------------------------- 9
11 Wages and Classifications ---------------------- 9
12 Hours and Overtime ----------------------------- 11
13 Seniority -------------------------------------- 12
14 Promotion and Transfer ------------------------- 13
15 Layoff, Displacement and Reinstatement---------- 13
16 Leave of Absence ------------------------------- 14
17 Expenses --------------------------------------- 16
18 Sick Leave ------------------------------------- 16
19 Funeral Leave ---------------------------------- 18
20 Holidays --------------------------------------- 18
21 Vacations -------------------------------------- 20
22 Administrative Leave --------------------------- 21
23 Uniform Allowance ------------------------------ 22
24 Employee Benefit Programs ---------------------- 22
25 Jury Duty--------------------------------------- 24
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26 Personnel Records ------------------------------ 24
27 Continuing Education --------------------------- 24
28 Miscellaneous ---------------------------------- 25
29 Savings Provision ------------------------------ 25
30 Effect of Agreement ---------------------------- 25
31 Emergency Provision ---------------------------- 25
32 Complete Agreement ----------------------------- 26
33 Term ------------------------------------------- 26
Exhibit "A" Non-Exempt Employee Schedule of ------------- 28
Classifications and Hourly Wage Rates
Exhibit "B" Exempt Employee Schedule of ----------------- 32
Classifications and Salary Ranges
MEMORANDUM OF UNDERSTANDING
JgtHIS MEMORANDUM OF VN STANDING, made and entered into this
day of , 1994 , by and between the CITY
OF R DING (a pu�blrc a7geincy as defined in Section 3501 (c) of
Chapter 10 of Division 4 of Title 1 of the Government Code of the
State of California) , hereinafter referred to as the CITY, and
the REDDING EMPLOYEES ORGANIZATION of the SERVICE EMPLOYEES
INTERNATIONAL UNION (a recognized employee organization as
defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1
of the Government Code of the State of California) , hereinafter
referred to as UNION;
W I T N E S S E T H that:
WHEREAS, the Parties hereto desire to promote harmony and
efficiency to the end that the City, the Union and the general
public may benefit therefrom, and to establish fair and equitable
wages, hours and working conditions for certain hereinafter
designated employees of the City, and to facilitate the peaceful
adjustment of differences that may from time to time arise
between them;
NOW, THEREFORE, the Parties hereto do agree as follows:
ARTICLE 1
Preamble
1. 1 This Memorandum of Understanding supersedes and
replaces all previous policies, practices, procedures,
resolutions, ordinances and terms and conditions of employment on
subjects which are covered by this Memorandum of Understanding.
There shall be no loss of benefits as set forth in Article 24,
and Exhibits "A" and "B" as a result of this Memorandum of
Understanding, except as specifically agreed to herein.
1.2 It is the policy of the City and the Union not to, and
neither party will, interfere with, intimidate, restrain, coerce
or discriminate against any employee as prohibited by State and
Federal law.
1. 3 The City is engaged in rendering services to the public
and the City and the Union recognize their mutual obligation for
the continuous rendition and availability of such services.
1.4 City employees shall perform loyal and efficient work
and service and shall use their influence and best efforts to
protect the properties of the City and its service to the public
and shall cooperate in promoting and advancing the welfare of the
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City and in preserving the continuity of its service to the
public at all times.
1. 5 The City and the Union shall cooperate in promoting
harmony and efficiency among City employees.
1. 6 The Parties have met and conferred in good faith and
have reached agreement on procedures set forth in this Memorandum
of Understanding for resolution of disputes between the Parties.
The Parties agree to follow the procedures as set forth in this
Memorandum of Understanding or the bargaining process required by
the Meyers-Milias-Brown Act and the Parties will make every
effort to persuade their members to also use the established
procedures.
ARTICLE 2
Recognition
2 . 1 The City recognizes the Union as the "Exclusive
Representative" of that Unit of employees of the City who hold a
classification listed in Exhibits "A" and "B" of this Memorandum
of Understanding.
2 . 2 The provisions of this Memorandum of Understanding
hereinafter set forth shall apply only to those employees of the
City of Redding for whom the Union is the exclusive
representative.
ARTICLE 3
City Rights
3 . 1 Notwithstanding anything to the contrary, the Union
recognizes and accepts the right of City of Redding management to
manage the City. This recognition includes acceptance of the
fact that the management rights listed below are not subject to
either grievance procedures or the meeting and conferring in good
faith process provided for by the Meyers-Milias-Brown Act,
except, however, grievances may be filed upon interpretations of
the provisions of this Memorandum of Understanding other than
those set forth in this section. It is agreed by the Parties to
this Memorandum of Understanding that management rights include,
by way of illustration and not by way of limitation, the
following: (a) the full and exclusive control of the management
of the City; (b) the supervision of all operations, methods,
processes and means of performing any and all work; (c) the
control of the property and the composition, assignment,
direction and determination of the size and the work hours of its
working forces; (d) the right to determine the work to be done by
employees; (e) the right to change or introduce new or improved
operations, methods, means or facilities; (f) the right to
establish budget procedures and financial allocations; (g) the
right to hire, classify, schedule, promote, demote, transfer,
evaluate, release, lay off and increase work hours of employees;
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(h) the right to suspend, discipline and discharge employees for
just cause; (i) the right to contract out work to be done or
services to be rendered, provided however, that the impact and
effect of any such decision may be subject to the meet and confer
process and; (j) the right to maintain an orderly, effective and
efficient operation, provided however, that all of the foregoing
shall be subject to the express and explicit terms and provisions
of this Memorandum of Understanding.
ARTICLE 4
Union Rights
4 . 1 Official representatives of the Union will be permitted
access to City property to confer with City employees on matters
of employer-employee relations, but such representatives shall
not interfere with work in progress without agreement of
Management.
4 . 2 The City will provide the Union adequate bulletin board
space on existing bulletin boards for the purpose of posting
thereon matters relating to official Union business.
4. 3 The City and the Union will not interfere with,
intimidate, restrain, coerce or discriminate against any employee
because of the employee's membership or non-membership in the
Union or the employee's activity on behalf of the Union.
4 .4 Any employee, at the employee's request, shall be
permitted representation by a Union representative. The
foregoing shall apply to employee-required participation in
processes involving reprimands, investigations that can
reasonably be expected to result in disciplinary action,
disciplinary actions and due process hearings, providing there is
no unreasonable delay in obtaining representation.
4 . 5 Joint Union-Management meetings shall be held twice
each year or as often as agreed upon by the Union and Management.
The purpose of these meetings shall be to promote harmony and
efficiency and to improve communications between employees and
all levels of management. The meeting agenda shall be determined
by those in attendance and there shall be no restrictions on the
subject matter, provided the meetings shall not substitute for
normal grievance procedures or for formal negotiations between
the Parties. Those in attendance shall consist of the Union's
Representative and such other Union representatives as determined
by the Union; and the City' s Director of Personnel and such other
management personnel as determined by the City. The number of
representatives of each party shall be limited to five (5) ,
except by advance mutual agreement. The meetings shall be
summarized in written minutes. Except that the provisions of
this section shall be observed, the meetings shall be self-
organizing.
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4 . 6 Whenever any employee is absent from work as a result
of a formal request by the Union and is engaged in official Union
business, the City shall pay for all regular time absent and
shall be reimbursed therefor by the Union at the rate of one
hundred fifty percent (150%) of the employee' s regular pay rate.
4 . 7 Within twenty one (21) days of hiring a new employee,
the City will notify the Union of the employee' s name,
classification and department.
4 . 8 The City shall provide all new employees with a copy of
this Memorandum of Understanding at the time of employee
orientation.
ARTICLE 5
Concerted Activities
5. 1 The duties performed by employees of the City as part
of their employment pertain to and are essential to the operation
of a municipality and the welfare of the public dependent
thereon. During the term of this Memorandum of Understanding,
employees shall not partially or totally abstain from the
performance of their duties for the City during regular work
hours or on an overtime basis. The Union shall not call upon or
authorize employees individually or collectively to engage in
such activities and shall make a reasonable effort under the
circumstances to dissuade employees from engaging in such
activities and in consideration thereof, the City shall not cause
any lockout. Those employees who do individually or
collectively, partially or totally abstain from the performance
of their duties for the City during regular work hours or on an
overtime basis shall be subject to disciplinary action up to and
including discharge from employment.
ARTICLE 6
Union Security
6. 1 The City shall deduct from their wages, the regular
membership dues of employees who are members of the Union and who
individually and voluntarily authorize such deductions in writing
in accordance with the provisions of Section 1157 . 3 of the
Government Code of the State of California.
6. 2 Deductions shall be made from the second payroll period
of each month and a check for the total deductions shall be
submitted to the Treasurer of Redding Employees Organization
within five (5) working days of the date the deductions are
withheld from the employee's check. The City will notify the
Union each month at the time of the dues transmittal to Union of
any changes since the previous dues transmittal and the reasons
therefore.
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6. 3 The form of check-off authorization shall be approved
by both the City and the Union.
ARTICLE 7
Grievance Procedure
7 . 1 Any grievance which may arise between the Union or any
of its members and the City, with respect to the interpretation
or application of any of the terms of this Memorandum of
Understanding and with respect to such matters as the alleged
discriminatory or arbitrary discharge, demotion or discipline of
an individual employee, shall be determined by the provisions of
this article, except that such matters as are included in the
definition of impasse as set forth in Resolution Number 4217 are
not a grievance. Probationary employees shall not be entitled to
invoke Article 7, Grievance Procedure, with regard to matters of
discharge, or demotion. This shall not, however, prevent a
probationary employee from exercising any other rights under this
Memorandum of Understanding. Every employee designated by the
City to hear the grievance of a subordinate shall have the
authority to settle that grievance.
7 . 2 Step One: The initial step in the adjustment of a
grievance shall be a discussion between the employee or the
employee's representative, and the immediate Supervisor directly
involved, Division Head or Department Director as applicable, who
will answer within ten (10) calendar days. This step requires a
presentation to every level of management below the City Manager.
This step shall be started within thirty (30) calendar days of
the date of the action complained of or the date the grievant
became aware of the incident which is the basis for the
grievance. This step may be taken during the working hours of
the employee.
7 . 3 Step Two: If a grievance is not resolved in the
initial step, the second step shall be a discussion between the
employee or the employee's representative and the Director of
Personnel who shall answer within ten (10) calendar days. This
step shall be taken within ten (10) calendar days of the date of
the Department Director's answer in step one.
7.4 Step Three: If a grievance is not resolved in the second
step, the third step shall be the presentation of the grievance,
in writing, by the employee or the employee's representative to
the City Manager, who shall answer, in writing, within ten (10)
calendar days. The written presentation shall be a clear,
concise statement of the grievance, the circumstances involved,
the pertinent dates, the decision rendered at the previous step,
the section of this Memorandum of Understanding alleged to be
violated, and the specific remedy sought. The third step shall
be taken within ten (10) calendar days of the date of the answer in
step two.
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7 . 5 Step Four: If a grievance is not resolved in the third
step, the fourth step shall be referral by the Union to mediation
within twenty (20) calendar days of the answer in step three.
Whenever a grievance is referred to mediation, either the Union
or the City may request that the California State Mediation and
Conciliation Service refer a state mediator. The mediator shall
assist the Parties in the resolution of the grievance in the same
manner as that which is normally used in the mediation of
interest disputes. Referral to step five shall not occur until a
mediator has released the Parties from the mediation process.
7 . 6 (a) Step Five: If a grievance is not resolved in the
fourth step, the fifth step shall be referral by either the City
or the Union to arbitration. The fifth step shall be taken
within twenty (20) calendar days of the date of the answer in
step four.
7 . 6 (b) An arbitrator shall be appointed on each occasion
that a grievance is submitted to arbitration. The City and the
Union shall mutually agree to the arbitrator. If the City and
the Union fail to reach agreement on the appointment of an
arbitrator, they shall request the State of California Mediation
and Conciliation Service to nominate five (5) persons to be the
Arbitrator. Each party shall, alternately strike a name from the
list of names. The first party to strike a name shall be
determined by lot. At the point in time when one (1) name
remains, that person shall be the appointed arbitrator. The
costs of arbitration shall be borne equally by the City and the
Union. The City and the Union shall pay the compensation and
expenses for their respective witnesses. At the Union's request,
the City shall release employees from duty to participate in
arbitration proceedings.
7. 6 (c) The arbitrator shall hold such hearings and shall
consider such evidence as to the arbitrator appears necessary and
proper. The decision of the arbitrator shall be final and
binding on the City and the Union and the aggrieved employee, if
any, provided that such decision does not in any way add to,
disregard or modify any of the provisions of this Memorandum of
Understanding.
7 .7 Failure by the employee or the Union to meet any of the
aforementioned time limits as set forth in Sections 7 . 2 , 7 . 3 ,
7 .4, 7. 5 or 7. 6 (a) will result in forfeiture, except however,
that the aforementioned time limits may be extended by mutual
written agreement. If the City fails to answer a grievance on a
timely basis, the grievance may be advanced to the next level.
Grievances settled by forfeiture shall not bind either party to
an interpretation of this Memorandum of Understanding, nor shall
such settlements be cited by either party as evidence in the
settlement of subsequent grievances.
7 . 8 Notwithstanding the aforementioned procedure, any
individual employee shall have the right to present grievances to
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the City and to have such grievances adjusted without the
intervention of the Union, provided that the adjustment shall not
be inconsistent with this Memorandum of Understanding, and
further provided that the Union shall be given an opportunity to
be present at such adjustment.
ARTICLE 8
Safety
8 . 1 The City desires to maintain a safe place of employment
for City employees and to that end City management shall make all
reasonable provisions necessary for the safety of employees in
the performance of their work.
8 . 2 Regular safety meetings will be held for the purpose of
reviewing accidents and preventing their recurrence, eliminating
hazardous conditions and familiarizing employees with safe work
procedures and applicable State Safety Orders and for training in
first aid.
8. 3 Whenever a hazardous condition presents a clear danger
to the health or safety of employees, a safety meeting of
representatives of the Parties can be called by either Party and
shall be scheduled by mutual agreement.
ARTICLE 9
Disability and Unemployment
9 . 1 Supplemental Benefits for Industrial Injury: Whenever
any regular or regular job-share employee who is a member of the
Public Employees' Retirement System is disabled, whether
temporarily or permanently, by injury or illness arising out of
and in the course of the employee's duties, which comes within
the application of the Workers' Compensation and Insurance
Chapters of the State Labor Code, the employee shall become
entitled, regardless of the employee' s period of service with the
City to compensation at the rate of eighty-five percent (85%) of
the employee' s regular salary, in lieu of temporary disability
payments, if any, which would be payable under the State Labor
Code, for the period of such disability but not exceeding six (6)
months, or until such earlier date as the employee is retired on
permanent disability pension. At the conclusion of six (6)
months of receipt of supplemental benefits at the rate of eighty-
five percent (85%) of regular salary, any regular or regular job-
share employee who is still unable to return to work and is still
receiving temporary disability indemnity payments shall become
entitled to receive supplemental benefits at the rate of seventy
percent (70%) of the employee's regular salary for the period of
such disability but not exceeding six (6) months or until such
earlier date as the employee is retired on permanent disability
pension through the Public Employees ' Retirement System. In
consideration of this benefit, the regular or regular job-share
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employee shall pay over to the City any temporary or permanent
disability compensation received, whether from Workers'
Compensation, employee group insurance benefits or unemployment
compensation benefits provided for under State law, and shall
affirmatively assist the City in obtaining any such benefits to
which the employee may be entitled but has not yet received
arising out of such disability, but such payment from the
employee to the City from such sources shall not exceed in amount
the supplemental benefits paid to the employee by the City in
accordance with the provisions of this section. Whenever there
is reason to suspect any employee of abusing the employee' s right
to workers ' compensation benefits, the Parties shall cooperate as
appropriate in controlling such employee abuse.
9. 2 An employee who is absent by reason of industrial
disability may be returned to work by the City and given
temporary light duties within the employee' s ability to perform,
with the consent of the employee's physician. The duration of
any such period of temporary work shall be determined by the
City. Such employee shall be compensated at the then current
rate of pay of the employee's regular classification while
engaged in such temporary duties. The City may require an
employee being considered for return to work after an absence
caused by disability or illness to submit to a medical
examination by a physician or physicians approved by City for the
purpose of determining that such employee is physically and
mentally fit and able to perform the duties of the employee' s
position without hazard to the employee or to fellow employees,
or to the employee' s own health.
9. 3 If a third party is found to be responsible for the
employee' s industrial injury and the employee recovers a judgment
in damages from said third party, then all supplemental benefits
received as provided for in Section 9 . 1 not already repaid from
the other sources mentioned in Section 9 . 1 shall be repaid to the
City by the employee.
9. 4 Vacation and sick leave shall be accrued without regard
for the established limits while a regular employee is absent
from work as a result of a job related disability and receiving
the supplemental benefits to Workers ' Compensation temporary
disability compensation as set forth in 9. 1. All regular and
probationary employees who are receiving Workers ' Compensation
temporary disability benefits shall receive group insurance
coverage during the period in which they are receiving temporary
disability compensation for up to a maximum of a cumulative total
of five (5) years at -the City' s expense. Holidays which occur
during the period for which an employee is receiving temporary
disability compensation shall not be recognized by such employee
for compensation purposes.
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ARTICLE 10
Employee Status
10. 1 Employees will be designated as regular, probationary,
or job-share depending upon the purpose for which they are hired
and their length of continuous service with the City.
10. 2 A regular employee is an employee who has completed a
probationary period as outlined below.
10. 3 A probationary employee is defined as an employee hired
for a full-time position that has been regularly established as
an authorized position and is of indeterminate duration. A
probationary employee shall receive not less than the minimum
rate for the job and shall be eligible for sick leave pay,
vacation pay, holiday pay, retirement plan participation,
insurance coverage and items of a similar nature as the employee
becomes eligible, but shall not be given preferential
consideration for promotion or transfer. Upon completion of one
(1) year of continuous full-time service with City, a
probationary employee shall be given the status of a regular
employee. Notwithstanding any other provisions of this Article,
an employee's probationary period shall be extended by the
duration of any unpaid absence of ten (10) or more consecutive
workdays. Probationary employees shall be evaluated after six
(6) months of service and as often as necessary as determined by
the employees Supervisor.
10. 4 A job-share employee is an employee who is assigned to
work a portion of the regular work hours of a full-time regularly
authorized position with another employee who is assigned to work
the other portion. A job-share employee shall receive not less
than the minimum rate for the job and shall receive benefits as
set forth herein on a prorated basis at the same ratio to full-
time employee benefits as the employee' s work hours bear to full-
time employees work hours. Whenever a regular employee is
assigned to a job-share position, such employee shall retain
their regular status. Whenever anyone other than a regular City
employee is assigned to a job-share position, such employee shall
be probationary for two thousand eighty (2080) hours.
ARTICLE 11
Wages and Classifications
11. 1 Employees holding a classification listed on Exhibit
"A" shall be paid the wage rate established for their
classification. Upon initial appointment to a classification, an
employee shall normally be paid the lowest wage rate for that
classification. An employee may, however, be paid a wage rate
above the lowest wage rate if circumstances justify it. Step
increases require Department Director and City Manager approval
and may be granted as follows: After thirteen (13) full pay
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periods of employment at Salary Step 1, an employee will be
advanced to Salary Strep 2 . After twenty-six (26) full pay
periods of employment at Salary Step 2 , an employee will be
advanced to Salary Strep 3 . After twenty-six (26) full pay
periods of employment at Salary Step 3 , an employee will be
advanced to Salary Strep 4 . After twenty-six (26) full pay
periods of employment at Salary Step 4 , an employee will be
advanced to Salary Step 5. A full pay period as used herein is
defined as one in which the employee works or is paid for time
off for at least half of the regularly scheduled work hours. The
effective date of a higher wage step shall be the first day of
the pay period following qualification for the new step.
11. 2 (a) Employees holding a classification listed on Exhibit
"B" shall be paid a salary rate based upon their work
performance, pursuant to Policies and Procedures established by
the City, which shall be administered in as equitable a manner as
is possible. Upon initial appointment to a classification, an
employee shall normally be paid the lowest salary rate for that
classification. An employee may, however, be paid a salary rate
above the lowest salary rate if circumstances justify it. The
effective date of a higher salary rate shall be the first day of
the pay period closest to the anniversary of their employment
date, following qualification for the new rate. Employees shall
be evaluated annually on or before the anniversary of their
employment date.
11. 2 (b) Employees may within thirty (30) days request
reconsideration, in writing, of either their evaluation or pay-
rate through their supervisor up to the City Manager or designee,
whose decision shall be in writing and shall be final and
binding.
11. 3 Compensation shall be paid at bi-weekly intervals on
Thursdays at the end of the employee' s work period after 12 : 00
noon for a pay period ending no earlier than the preceding
Saturday. If a pay day falls on a holiday, payment shall be made
on the preceding workday.
11.4 When an employee is temporarily assigned to work in a
classification lower than the employee's regular classification,
the employee' s rate of pay will not be reduced.
11. 5 Whenever a full-time regular or probationary employee
is reassigned by the City to replace an absent employee with a
higher pay rate and performs a substantial majority of the absent
employee's duties, such employee shall have their compensation
rate increased by five percent (5%) on the fourth (4th) day of
such assignment.
11. 6 The City Manager may, based upon outstanding job
performance, grant an employee a one time compensation increase
up to ten percent (10%) above the top of the compensation range
for a period not to exceed one (1) year. This one time increase
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is not cumulative and the employee would revert to the employee ' s
regular compensation rate at the end of the one year period.
11. 7 Attached hereto and made a part hereof is Exhibit "A"
titled "Non-exempt Employee Schedule of Classifications and
Hourly Wage Rates" and Exhibit "B" titled "Exempt Employee
Schedule of Classifications and Salary Ranges. "
ARTICLE 12
Hours and Overtime
12 . 1 All regular employees will receive full time employment
for each work week employed, provided they report for duty and
are capable of performing their work. This is not to be
interpreted that the City does not retain the right to lay off or
release employees on account of lack of work or other valid
reason.
12 . 2 Each employee shall report for work at the employee' s
regularly established headquarters and shall return thereto at
the conclusion of the day's work and the time spent in traveling
between such headquarters and the job site shall be considered as
time worked.
12 . 3 A work week is defined to consist of seven (7)
consecutive calendar days, Sunday through Saturday, and a basic
work week is normally defined to consist of five (5) consecutive
workdays of eight (8) hours each. The basic work week may begin
on any day of the week or at any hour of the day during the work
week. The City may modify employee work schedules from time to
time as needed. Except in the event of an emergency, whenever
employee's schedules are changed, the City will give as much
notice as possible, but in any event not less than five (5)
calendar days. In addition to the foregoing and consistent with
the City's operational needs, flexible work hours within the five
(5) day basic work week, may be established to accommodate an
employee's personal needs.
12 .4 Except for those employees holding a classification
listed on Exhibit "B", overtime is defined as (a) time worked in
excess of forty (40) hours in a work week, (b) time worked in
excess of eight (8) hours, (c) time worked on a non-workday, (d)
time worked outside of regular hours on a workday, and (e) time
worked on a holiday. Overtime shall be computed to the nearest
one-quarter (1/4) hour.
12 . 5 Overtime compensation shall be paid at a rate
equivalent to one and one-half (1-1/2) times the regular rate of
pay or, at the employee' s option, provided it has City approval,
the employee may elect to receive time of f with pay at the rate
of one and one-half (1-1/2) hours off for each overtime hour
worked. Compensatory time off with pay shall be scheduled in the
same manner as vacations are normally scheduled. The maximum
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compensatory time off available for any employee at any time
shall be the maximum established by the Fair Labor Standards Act,
which is presently two hundred forty (240) hours. In the event
overtime is worked by an employee who has the maximum
accumulation of compensatory time off, the employee shall be paid
for the overtime worked as set forth above. Employees whose
employment with the City is terminated for any reason shall, at
the time of termination, receive payment for any unused
compensatory time off previously earned.
12 . 6 Employees who are entitled to overtime compensation and
who are required to report for work on their non-workdays or on
holidays they are entitled to have off, or outside of their
regular hours on workdays, shall be paid overtime compensation
for the actual time worked, but in no event for less than two (2)
hours compensation for each call-out, except however, that
employees shall not be paid more than time and one-half the
regular rate of pay for any given time period. If an employee
who is called out for such overtime work outside of the
employee's regular hours on a workday continues to work into the
employee' s regular hours, the employee shall be paid overtime
compensation only for the actual overtime worked. If an employee
performs overtime work immediately following the end of the
employee's regular shift, the employee shall be paid overtime
compensation only for the actual overtime worked.
12 .7 For those employees who are entitled to overtime
compensation, overtime shall be distributed as equally as is
practicable among those employees who are qualified and available
and who volunteer for overtime work and the City shall not
require employees who have worked overtime to take equivalent
time off during a workday without pay.
12 .8 All employees holding a classification listed on
Exhibit "B" "Exempt Employee Schedule of Classifications and
Salary Ranges" are exempt from the Fair Labor Standards Act and
the provisions of this Article.
ARTICLE 13
Seniority
13 . 1 Seniority is defined as total length of continuous
service with the City. In determining an employee' s seniority,
the continuity of the employee' s service will be deemed to be
broken by termination of employment by reason of (1) resignation,
(2) discharge for cause, (3) layoff, (4) failure to return
immediately on the expiration of a leave of absence or acceptance
of other full time employment while on leave, and (5) unexcused
absence without pay, without a leave of absence, in excess of
five (5) workdays. Continuity of service will not be broken and
seniority will accrue when an employee is (a) inducted, enlists
or is called to active duty in the Armed Forces of the United
States or service in the Merchant Marine or under any Act of
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Congress which provides that the employee is entitled to re-
employment rights, (b) on duty with the National Guard, (c)
absent due to industrial injury, (d) on leave of absence or (e)
on excused absence.
ARTICLE 14
Promotion and Transfer
14 . 1 All promotions and transfers shall be in accordance
with standards and procedures as determined by the City.
14 . 2 Whenever any City Council authorized position vacancy
occurs, which the City intends to fill, the City shall post the
position vacancy, together with pertinent information concerning
the duties, qualifications and filing period, for not less than
five (5) working days on all work site bulletin boards. The City
recognizes the advantage of filling vacancies from within and
will endeavor to do so when it is in the City' s interest. When
filling vacancies on a promotional or transfer basis, the. City
will consider the quality and length of service in making the
selection decision.
14 . 3 Whenever an employee is promoted to another higher
paying classification, the employee shall receive not less than a
five percent (5%) pay increase, provided, however, that the
maximum pay rate of the new classification is at least five
percent (5%) higher than the employee ' s current pay rate.
14 .4 All promotions and transfers of City employees shall be
on a probationary basis for one (1) year. At any time during the
probationary period the City may terminate the appointment. If
an appointment is terminated, the employee shall be returned to
either the employee' s previous classification and pay rate, or
some other classification that is mutually acceptable to the
employee and the City. Any unpaid absences during a probationary
period shall cause the probationary period to be extended by the
length of the absence.
14 . 5 An employee requesting lateral transfer from one
position to another position in the same class shall be added to
the current eligibility list for that class, provided, however,
that probationary employees are not eligible for transfer within
the same classification until the designated probationary period
has been successfully completed, unless the position being filled
by the probationary employee has been identified for elimination.
ARTICLE 15
Layoff, Displacement and Reinstatement
15. 1 Whenever it becomes necessary for the City to lay off
employees, the City will give employees involved as much notice
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as possible; but in no event will such employees receive less
than two (2) weeks ' notice of layoff.
15. 2 Employees will be layed off in the reverse order of the
employee' s City seniority. Probationary employees as defined in
Section 10. 3 , but excluding those defined in Section 14 . 4, will
be layed off before regular employees without regard for their
seniority.
15. 3 An employee whose job is being eliminated, may elect to
displace the least senior employee in any Division or Department
in any equally or lower paid classification in the Confidential,
Supervisors or the Clerical, Technical and Professional Units, if
qualified to perform the duties of the classification and if the
employee's seniority is greater than that of the employee in the
classification being displaced.
15. 4 Regular employees, who are layed off, will be given
preferential rehire rights, in the reverse order of layoff, in
filling future vacancies, for which they are qualified, for a
period of up to one (1) year, providing they keep the City
advised of their current address. Employees who are reinstated,
within one (1) year after layoff, shall have all previously
accrued and unused benefits restored.
15. 5 Notwithstanding the provisions of this Article, the
City and the Union may agree to other procedures, including
furloughs, during the term of this Memorandum of Understanding.
ARTICLE 16
Leave of Absence
16. 1 Leave of absence may be granted to employees by the
City Manager for urgent and substantial reason, up to a maximum
of one (1) year, providing satisfactory arrangements can be made
to perform the employee's duties without undue interference with
the normal routine of work. Inability to return to work after an
employee's sick leave has been exhausted will be considered as an
urgent and substantial reason and in such cases a leave will be
granted.
16. 2 A leave of absence will commence on and include the
first workday on which the employee is absent and terminates with
and includes the workday preceding the day the employee returns
to work.
16. 3 All applications for leave of absence shall be made in
writing except when the employee is unable to do so. The
conditions under which an employee will be restored to employment
on the termination of leave of absence shall be clearly stated by
the City in conjunction with the granting of a leave of absence.
Upon an employee' s return to work after a leave of absence, the
employee will be reinstated to the employee' s former position and
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working conditions, providing the employee is capable of
performing the duties of the former position. However, if there
has been a reduction of forces or the employee's position has
been eliminated during said leave, the employee will be placed in
the position the employee would be in had the employee not been
on a leave of absence.
16. 4 An employee' s status as a regular employee will not be
impaired by such leave of absence and the employee 's seniority
will accrue.
16. 5 If an employee fails to return immediately on the
expiration of the employee's leave of absence or if the employee
accepts other full time employment while on leave, the employee
will thereby forfeit the leave of absence and terminate the
employee's employment with the City.
16. 6 An employee on a leave of absence as provided herein
shall not accrue vacation or sick leave benefits nor maintain
group insurance coverage. An employee may, however, at the
employee's option and expense, maintain the employee' s group
insurance coverage providing the full monthly premium is received
by the City Treasurer on or before the first day of the month for
which the premium is intended. Notwithstanding the above,
however, if the leave of absence is as a result of exhaustion of
sick leave benefits, an employee' s group insurance may be
maintained for up to three (3) calendar months.
16.7 The Parties acknowledge the provisions of State and
Federal law governing family leaves. The Family and Medical
Leave Act (FMLA) , which is subject to legislative change,
currently entitles those employees who have worked twelve hundred
fifty (1, 250) or more hours during the preceding twelve (12)
month period to take up to twelve (12) weeks of unpaid, job
protected, leave during any twelve (12) month period for serious
health condition of employee or immediate family member or for
child birth or adoption. An employee is required, to give thirty
(30) days advance notice when leave is foreseeable, provide
periodic medical certifications as to the conditions
necessitating the leave and report at the request of the City
during the leave regarding the employee' s status and intention to
return to work. Health insurance benefits will be continued on
the same basis as prior to the FMLA leave. Annually the City
will post the applicable State and Federal laws pertaining to
family leave including maternity/paternity leave.
16.8 An employee may use sick leave, vacation or other
accrued leave for a normal disability period of maternity leave
of up to six (6) weeks. That period may be extended with
acceptable written medical certification, if disability continues
after the six (6) week period. If an employee elects to remain
off work for a longer period of time, the general provisions for
Leave of Absence apply.
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ARTICLE 17
Expenses
17. 1 Whenever an employee is authorized and uses the
employee' s personal automobile for City business as a direct
result of employment or representation of the City, the employee
will be reimbursed therefor at the same rate per mile as
established for unrepresented City employees. The City will not,
however, be responsible for any loss, damage, repairs or
maintenance of personal vehicles used on City business.
17 .2 Employees shall follow City resolutions and policies on
restricting employee use of City vehicles for personal purposes.
17. 3 Whenever an employee is required to travel out of the
City, the City will determine a reasonable means of travel and
travel time allowance, if any.
17.4 Whenever an employee travels on official City business,
the employee shall receive actual lodging expenses, provided they
are approved in advance by the City. With advance City approval,
optional meals or programs included as a part of the conference
or meeting program shall be paid at the stated program rate.
17 . 5 Meal allowances, including tax and tip, at the
following rates may be allowed while an employee is on official
City business:
Dinner $17 . 50
Lunch 8 . 50
Breakfast 6. 00
Employees will make every effort to stay within the above
limits, however, with City Manager approval, when circumstances
justify it, reimbursement of actual meal expenses will be made.
17 . 6 With City approval and proper documentation of the
expense, employees may be reimbursed for incidental expenses
while on official City business for items such as:
Registration
Taxi, bus and other transportation fares
Business phone calls and faxes
Gratuities
ARTICLE 18
Sick Leave
18 . 1 Sick leave with pay shall be accumulated for each
regular, job-share and probationary employee at the rate of
forty-six thousandths ( . 046) of an hour for each regular hour
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worked or on paid leave. (Accrual rate approximately one (1) day
per month. )
18 . 2 Sick leave shall be allowed for a non-work related
absence due to: (a) the inability of an employee to be present
or perform the employee' s duties because of personal physical or
mental illness, off duty injury or confinement for medical
treatment; (b) personal medical or dental appointments which are
impractical to schedule outside of regular working hours; (c) the
need to be present during childbirth, surgery, critical illness
or injury involving members of the immediate family as defined in
Section 19 . 1, for up to forty (40) hours per incident and (d) the
need to attend sick or injured immediate family members as
defined in Section 19. 1 for up to forty (40) hours per calendar
year.
18 . 3 Management may require satisfactory evidence of illness
or disability before payment for sick leave will be made. The
City may also require an employee requesting to return to work
after sick leave or leave of absence for medical or psychiatric
reasons to submit to an examination by a physician or physicians
approved by City for the purpose of determining that such
employee is physically or mentally fit and able to perform the
duties of the employee' s former position without hazard to the
employee, fellow employees or to the employee' s own health. Such
examination or examinations shall be at the sole expense of the
City, and the employee shall be placed on leave with pay for the
purposes of such examination. The Parties shall cooperate as
appropriate in controlling employee abuse of the sick leave
program.
18. 4 If a holiday which an employee is entitled to have off
with pay occurs on a workday during the time an employee is
absent on sick leave, the employee shall receive pay for the
holiday as such and it shall not be counted as a day of sick
leave.
18 . 5 Whenever any employee exhausts all categories of paid
time off as a result of illness or injury, with approval of the
employee's Department Director, the Director of Personnel and the
City Manager, an employee may receive up to eighty (80) hours
advanced sick leave with pay. If the employee returns to duty,
such advanced sick leave shall be returned to the City from
subsequent sick leave accruals. If the employee terminates City
employment, such advanced sick leave shall be repaid to the City
from any funds due the employee by the City.
18 . 6 Any employee who after ten (10) years of service to the
City terminates employment shall be paid at the employee's
regular pay rate for thirty-three and one-third percent (33-1/3%)
of the employee' s accumulated sick leave hours. For employees
with fifteen (15) years or more but less than twenty (20) years
of service, the percentage set forth above shall be increased to
forty-five percent (45%) . For employees with twenty (20) years
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or more service, the percentage set forth above shall be
increased to sixty percent (600) . An employee may, however, at
the employee ' s option, elect to waive the foregoing benefit and
in lieu thereof, receive credit for said unused sick leave toward
the employee' s retirement benefit through the Public Employees'
Retirement System pursuant to the contract between the City of
Redding and the Public Employees' Retirement System.
ARTICLE 19
Funeral Leave
19 . 1 Regular, job-share and probationary employees who are
absent from work due to the death of a member of the employee' s
"immediate family" shall receive compensation at the regular rate
of pay for the time necessary to be absent from work, but not to
exceed forty (40) working hours. "Immediate family" as used
herein includes only employee's spouse, children, grandchildren,
brothers, sisters, parents, or grandparents of either spouse or
other persons who are living in the employee' s immediate
household.
19. 2 Regular, job-share and probationary employees who are
absent from work to attend the funeral of a person other than an
immediate family member shall give as much advance notice as
possible and shall receive compensation at the regular rate of
pay for the time necessary to be absent from work, but not to
exceed one (1) regularly scheduled work day per funeral. A
maximum of twenty four (24) hours may be utilized in a calendar
year.
ARTICLE 20
Holidays
20. 1 Regular, job-share and probationary employees, except
as otherwise provided herein, shall be entitled to have the
following holidays off with pay:
(a) January 1st
(b) February 12th, known as "Lincoln Day"
(c) The third Monday in February
(d) The last Monday in May
(e) July 4th
(f) The first Monday in September
(g) Employee's birthday
(h) The second Monday in October, known as "Columbus Day"
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(i) November 11th, known as "Veterans ' Day"
(j ) Thanksgiving
(k) Friday after Thanksgiving
(1) The last four (4) work hours before Christmas
(m) December 25th
If any of the foregoing holidays fall on a Sunday, the
Monday following shall be observed as the holiday, except by
those employees who are regularly scheduled to work on Sunday
other than on an overtime basis. Employees who are regularly
scheduled to work on Sundays shall observe such holidays on
Sunday. If any of the foregoing holidays fall on a Saturday, the
preceding Friday shall be observed as the holiday, except by
those employees who are regularly scheduled to work on Saturday
other than on an overtime basis. Employees who are regularly
scheduled to work on Saturdays shall observe such holidays on
Saturday. If any of the foregoing holidays fall on any day from
Monday through Friday, inclusive, and that day is a regularly
scheduled non-workday for an employee, such employee shall be
entitled to receive another workday off with pay to be scheduled
in the same manner as vacation days are normally scheduled.
Notwithstanding the foregoing, an employee may observe the
employee's birthday holiday on the employee's birthday or anytime
during the pay period in which the birthday occurs, or the
holiday may be deferred and scheduled as vacations are normally
scheduled. The holidays known as Lincoln Day, Columbus Day, and
Veterans Day shall be scheduled by employees and their
supervisors in the same manner as vacations are normally
scheduled.
20. 2 Notwithstanding the foregoing, employees may be sched-
uled to work on holidays, in which event any such employee will,
in addition to the employee' s holiday pay, be compensated
therefor at the overtime rate of pay for all time worked on such
days. An employee may, however, at the employee ' s option, elect
to observe that holiday at another time to be scheduled in the
same manner as vacation days are normally scheduled, in which
event any such employee will only be compensated for time worked
on that day at the overtime rate of pay, and shall not receive
holiday pay for such day.
20. 3 If an employee is in a non-pay status on both workdays
immediately adjacent to the holiday, the employee shall not
receive pay for the holiday.
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ARTICLE 21
Vacations
21. 1 (a) Regular, job-share and probationary employees of the
City shall accrue vacations with pay up to a maximum of four
hundred (400) hours as follows:
21. 1 (b) At the rate of thirty-nine thousandths ( . 039) of an
hour for each regular hour worked or on paid leave from the date
of employment through the one hundred fourth (104th) full pay
period of employment. (Accrual rate approximately two (2) weeks
per year up to four (4) years of service. )
21. 1 (c) At the rate of fifty-eight thousandths ( . 058) of an
hour for each regular hour worked or on paid leave from the one
hundred fourth (104th) full pay period through the two hundred
thirty-fourth (234th) full pay period of employment. (Accrual
rate approximately three (3) weeks per year after four (4) years
of service. )
21. 1 (d) At the rate of sixty-eight thousandths ( . 068) of an
hour for each regular hour worked or on paid leave from the two
hundred thirty-fourth (234th) full pay period through the three
hundred sixty-fourth (364th) full pay period of employment.
(Accrual rate approximately three and one-half (3-1/2) weeks per
year after nine (9) years of service. )
21. 1 (e) At the rate of seventy-seven thousandths ( . 077) of
an hour for each regular hour worked or on paid leave from the
three hundred sixty-fourth (364th) full pay period through the
four hundred ninety-fourth (494th) full pay period of employment.
(Accrual rate approximately four . (4) weeks per year after
fourteen (14) years of service. )
21. 1 (f) At the rate of eighty-seven thousandths ( . 087) of an
hour for each regular hour worked or on paid leave from the four
hundred ninety-fourth (494th) full pay period through the six
hundred twenty-fourth (624th) full pay period of employment.
(Accrual rate approximately four and one-half (4-1/2) weeks per
year after nineteen (19) years of service. )
21. 1 (8) At the rate of ninety-six thousandths ( . 096) of an
hour for each regular hour worked or on paid leave from and after
the six hundred twenty-fourth (624th) full pay period of employ-
ment. (Accrual rate approximately five (5) weeks per year after
twenty-four (24) years of service. )
21. 1 (h) A full pay period as used in this Article is defined
as one in which the employee works or is paid for time off for at
least half of the regularly scheduled work hours.
21. 2 Vacation cannot be accrued while an employee is in a
non-pay status.
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21. 3 Vacations will be scheduled throughout the calendar
year. Employees with greater seniority will be given preference
over those with less seniority in the selection of a vacation
period; provided, however, that if the senior employee splits the
employee' s vacation by requesting less than a full year' s
allowance to be scheduled on consecutive workdays, the employee's
preferential rights shall only apply on one period in that
calendar year prior to all other employees being given
consideration in the selection of their first choice vacation
period.
21.4 The City shall not require an employee to take the
employee's vacation in lieu of sick leave or leave of absence on
account of illness.
21. 5 If a holiday which an employee is entitled to have off
with pay occurs on a workday during the employee' s vacation
period, such employee will be entitled to an additional day of
vacation and will be compensated for same.
21. 6 Employees whose employment with the City is terminated
for any reason shall, at the time of termination, receive pay for
any unused vacation previously earned.
21. 7 Whenever any exempt employee has accrued one hundred
twenty (120) hours or more vacation allowance as set forth in
21. 1 (a-g) , the City will, at the employee' s option, compensate
the employee for up to forty (40) hours of accumulated vacation
during any fiscal year. Additionally, whenever any exempt
employee has accrued two hundred forty (240) hours or more of
vacation allowance as set forth in 21. 1 (a-g) , the City will, at
the employee's option, compensate the employee for up to eighty
(80) hours of accumulated vacation during any fiscal year.
21.8 Whenever any employee has exhausted all paid time off
benefits as a result of a non-work related injury or disability,
and is not eligible for long-term disability insurance benefits,
other employees may contribute their vacation credits to the
disabled employee with vacation credits being donated and granted
on the basis of the dollar value of the vacation credits.
ARTICLE 22
Administrative Leave
22 . 1 With City Manager approval, Department Directors may
grant exempt employees up to forty (40) hours paid administrative
leave per calendar year, provided the employee commits to work a
minimum of forty (40) hours per year beyond regular work hours.
22 . 2 The City Manager may grant up to an additional forty
(40) .hours paid administrative leave per calendar year to certain
designated exempt employees who commit a significant number of
21
work hours above regular work hours to a specific project or
projects, or to recognize outstanding contributions to the City.
22 . 3 Administrative leave, if any, will be granted effective
on the first day of the pay period closest to January 1 each year
and must be used before the end of the calendar year. No
administrative leave shall be carried over to the next calendar
year, nor shall unused administrative leave be converted to
compensation.
22 . 5 Administrative leave may not be taken for the purpose
of outside employment or for self employment.
ARTICLE 23
Uniform Allowance
23 . 1 An annual uniform allowance for certain classifications
of employees who wear a uniform as a part of their normal duties
as set forth below shall be paid during the first pay period in
July of each year and is for the purpose of maintenance and
replacement of uniforms for the ensuing fiscal year. The
allowance is not a reimbursement for the prior year. The first
clothing allowance shall be a prorated amount for that period of
time from the employee's date of employment through the following
June 30th. Annual uniform allowances are as follows:
Police and Fire miscellaneous employees $350 per year
23 .2 The City shall pay the reasonable cost of repair or
replacement of uniforms, glasses, watches, or other personal
property up to two hundred dollars ($200. 00) per incident,
damaged in the course of employment. This provision does not
apply to items lost or damaged as a result of negligence of the
employee.
ARTICLE 24
Employee Benefit Programs
24 . 1 Retirement Plan: All regular, job-share and
probationary employees are covered by a State of California
Public Employees' Retirement System program pursuant to an
existing contract with the Public Employees ' Retirement System.
The major features are: two percent (2%) at age sixty (60) ;
normal retirement age sixty (60) ; one (1) year's compensation in
benefit formula; 1959 Survivors Benefit; Post-Retirement
Survivors allowance; credit for unused sick leave; and certain
military service credit. The City pays the employee' s full cost
of participation in the Public Employees' Retirement System.
24. 2 (a) Group Insurance: All regular, job-share and all
probationary employees are eligible to participate in a group
insurance benefit program, effective the first day of employment.
22
• i
The City shall pay the full cost of the program for both employee
and dependents. The major elements of the group insurance
benefit program are:
(1) Life Insurance: Twice annual salary for employee,
$3 , 000 for employee' s dependents.
(2) Health Benefits: $100 deductible per person per year
except for accidents which shall have none but shall
have a maximum benefit of $500 for each accident; 80%
payable for first $5, 000 of eligible charges, except
for hospital charges which are 100% payable; 100%
thereafter up to one million dollars lifetime limit;
professional fees based upon U.C.R. ; normal typical
exclusions and limitations.
(3) Dental Benefits: No deductible and 100% of U.C.R. for
prevention; no deductible and 50% up to $2 , 000 per
lifetime per person for orthodontia; $25 deductible and
80% of U.C.R. up to $2 , 000 per person per year for all
other eligible charges.
(4) Long Term Disability: After three (3) months, 60% of
employee' s salary integrated with all other income
benefits payable to age 65.
(5) Vision Benefits: California Vision Service Plan A,
which provides for $25 deductible, an eye examination
no more than every twelve (12) months and lenses and
frames no more often than each twenty-four (24) months.
The City may if practicable, modify the group insurance
program set forth above by adding utilization review and by
creating preferred provider organization programs which create
financial incentives for the employee to use such preferred
provider services.
24 . 2 (b) The Parties agree to meet at least once during the
term of this Memorandum of Understanding to discuss cost
containment and wellness.
24 . 2 (c) The City will pay fifty percent (50%) of the group
medical insurance premium for each retiree and dependents, if
any, presently enrolled and for each retiree in the future who
goes directly from active status to retirement and continues the
group medical insurance without a break in coverage. Payments by
the City will be discontinued upon the death of the retiree or
upon termination of group medical insurance coverage. The City
will not contribute payments on behalf of any retiree except as
set forth above. Following the death of a retiree the surviving
spouse, if any, may continue the insurance at their own expense
until becoming eligible for participation in any other group
insurance program.
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ARTICLE 25
Jury Duty
25. 1 A regular, job-share or probationary employee who is
summoned for jury duty and is thus unable to perform the
employee's regular duties will be paid for the time lost at the
employee's regular rate of pay.
ARTICLE 26
Personnel Records
26. 1 Any employee, at the employee' s request, shall be
permitted to review the employee' s own personnel file. The file
may not, however, be removed from the Personnel Office. With the
exception of examination materials, an employee may have copies
of documents contained in the employee' s personnel file.
26. 2 An employee may authorize a representative to review
the employee' s personnel file.
26. 3 An employee who disagrees with their evaluator' s
statements or conclusions with respect to their employee
evaluation report shall have the right to review such evaluation
report with the City' s Director of Personnel and, upon request,
shall have the right to have a Union representative present. The
employee may also attach a written rebuttal to the employee
evaluation, providing it is done within thirty (30) days of the
employee' s receipt of the evaluation.
26 . 4 Prior to any negative or derogatory documents being
placed in the personnel file, the affected employee shall receive
a copy and be given the opportunity to attach a written rebuttal.
26. 5 Upon an employee's request with Department Director
approval, the City Manager may seal and or remove any
disciplinary element of an employee's personnel file.
ARTICLE 27
Continuing Education
27 . 1 City of Redding employees who complete authorized
courses taken for credit with a passing grade may, upon
application, be reimbursed for the tuition and cost of required
textbooks.
27 . 2 Textbooks for which reimbursement payments are made
shall become the property of the City of Redding. These
textbooks will be placed in the Personnel Department library to
complement this program.
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27 . 3 Employees must obtain prior approval from their
Department Director, the Director of Personnel and the City
Manager. Reimbursement shall be limited to one hundred dollars
($100. 00) per semester/quarter.
ARTICLE 28
Miscellaneous
28 . 1 Whenever any employee is subpoenaed to testify in court
as a result of the employee' s employment and is therefore unable
to perform the employee' s regular duties, the employee shall be
paid for all regular time lost.
ARTICLE 29
Savings Provision
29 . 1 If any provisions of this Memorandum of Understanding
are held to be contrary to law by a court of competent
jurisdiction, or held to be outside the scope of negotiations,
such provisions will not be deemed valid and subsisting except to
the extent permitted by law, but all other provisions will
continue in full force and effect. Whenever any provision of
this Memorandum of Understanding is affected as set forth above,
either Party may, by giving written notice to the other within
thirty (30) days of the courts action, open negotiations on the
subject of the affected provisions.
ARTICLE 30
Effect of Agreement
30. 1 It is understood and agreed that the specific
provisions contained in this Memorandum of Understanding shall
prevail over City practices and procedures to the extent of a
conflict, and that in the absence of specific provisions in this
Memorandum of Understanding, such practices and procedures are
discretionary.
ARTICLE 31
Emergency Provision
31. 1 The City retains the right to amend, modify or rescind
policies, regulations, and practices referred to in this
Memorandum of Understanding in cases of emergency. For the
purpose of this Article, an "emergency" is defined as an act of
God, war, natural or manmade disaster, which interferes with the
normal operations of the City.
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0 •
ARTICLE 32
Complete Agreement
32 . 1 Except as specifically provided in Article 33 , Term,
during the term of this Memorandum of Understanding, the Union
expressly waives and relinquishes the right to meet and confer on
wages, hours of employment, and terms and conditions of
employment, and agrees that the City shall not be obligated to
meet and confer with respect to any subject or matter whether
referred to or covered in this Memorandum of Understanding or
not, even though such subject or matters may not have been within
the knowledge or contemplation of either or both the City or the
Union at the time they met and conferred on and executed this
Memorandum of Understanding, and even though such subjects or
matters were proposed and later withdrawn. Both Parties
acknowledge that such waiver and relinquishment as set forth
above carries with it the commensurate prohibition for either
Party to effect a unilateral change in an employment condition
falling within the scope of negotiations under Government Code
Section 3500 et. seq.
ARTICLE 33
Term
33 . 1 This Memorandum of Understanding, having taken effect
as of the day and year first above written, shall remain in full
force and effect until the first day of July, 1997, and
thereafter from year to year unless written notice of change or
termination shall be given by either party ninety (90) days prior
to the expiration date above or the expiration date of any year
thereafter, except, however, that it shall only become effective
with approval of the City Council of City.
33 . 2 Whenever notice is given for changes, the general
nature of the changes desired must be specified in the notice,
and until a satisfactory conclusion is reached in the matter of
such changes, the original provision shall remain in full force
and effect.
33 . 3 This Memorandum of Understanding shall not be amended
or supplemented except by agreement of the Parties hereto,
reduced to writing and duly signed by each.
26
IN WITNESS WHEREOF, the Parties have executed this
Memorandum of Understanding as of the day and year first above
written.
CITY OF REDDING REDDING EMPLOYEES ORGANIZATION
SERVICE EMPLOYEES INTERNATIONAL
UNN
Robert M. Chri fferson Victoria K. Moss
City Manager Negotiator
Samuel S. McMurry Brenda Sciarra
Assistant City Manager Negotiator
A"Zi �=yG�l�G�l
J&mes G. Bristow Kim Waldron
D'' for of Personnel Representative
Barry A. Mlinarcik
Risk Manage
Charles R. Reynolos
Labor Relations 4kepresentative
Approved as to form:
Ra dall A. Hays
City Attorney
27
EXHIBIT "A-1"
NON-EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS
AND
HOURLY WAGE RATES
Effective: April 10, 1994
Hourly Wage Rates
CLASSIFICATIONS Salary Step
Senior Clerk $ 9 . 21 $ 9 .78 $10. 36 $10. 93 $11. 52
Senior Account Clerk 9 . 97 10. 47 10 . 94 11. 51 12 . 08
Secretary Stenographer 10. 86 11. 37 11. 90 12 . 52 13 . 16
Executive Secretary 11. 37 11. 90 12 . 52 13 . 16 13 . 83
Legal Secretary 11.91 12 . 52 13 . 16 13 . 83 14 . 52
Personnel Technician 11. 91 12 . 52 13 . 16 13 . 83 14 .52
Para-Legal Technician 12 .46 13 . 04 13 . 70 14 . 39 15. 13
Airports Specialist 12 . 60 13 . 39 14 . 18 14 . 96 15. 75
28
EXHIBIT "A-2"
NON-EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS
AND
HOURLY WAGE RATES
Effective: July 3 , 1994
Hourly Wage Rates
CLASSIFICATIONS Salary Step
Senior Clerk $ 9. 39 $ 9.98 $10. 57 $11. 15 $11.75
Senior Account Clerk 10. 17 10. 68 11. 16 11. 74 12 . 32
Secretary Stenographer 11. 08 11. 60 12 . 14 12 .77 13 .42
Executive Secretary 11. 60 12 . 14 12 . 77 13 . 42 14 . 11
Legal Secretary 12 . 15 12 . 77 13 . 42 14 . 11 14 .81
Personnel Technician 12 . 15 12 . 77 13 . 42 14 . 11 14 .81
Para-Legal Technician 12 .71 13 . 30 13 . 97 14 . 68 15. 43
Airports Specialist 12 . 85 13 . 66 14 . 46 15. 26 16. 07
29
EXHIBIT "A-3"
NON-EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS
AND
HOURLY WAGE RATES
Effective: July 2 , 1995
Hourly Wage Rates
CLASSIFICATIONS Salary Step
Senior Clerk $ 9 . 67 $10.28 $10.89 $11.48 $12 . 10
Senior Account Clerk 10. 48 11. 00 11. 49 12 . 09 12 . 69
Secretary Stenographer 11. 41 11. 95 12 . 50 13 . 15 13 . 82
Executive Secretary 11. 95 12 . 50 13 . 15 13 . 82 14 . 53
Legal Secretary 12 . 51 13 . 15 13 . 82 14 . 53 15. 25
Personnel Technician 12 . 51 13 . 15 13 . 82 14 . 53 15. 25
Para-Legal Technician 13 . 09 13 . 70 14 . 39 15. 12 15.89
Airports Specialist 13 . 24 14 . 07 14 . 89 15. 72 16. 55
30
e e
EXHIBIT "A-4"
NON-EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS
AND
HOURLY WAGE RATES
Effective: July 1, 1996
Hourly Wage Rates
CLASSIFICATIONS Salary Step
Senior Clerk $10. 01 $10. 64 $11. 27 $11. 88 $12 . 52
Senior Account Clerk 10. 85 11. 39 11. 89 12 . 51 13 . 13
Secretary Stenographer 11. 81 12 . 37 12 . 94 13 . 61 14 . 30
Executive Secretary 12 . 37 12 . 94 13 . 61 14 . 30 15. 04
Legal Secretary 12 . 95 13 . 61 14 . 30 15. 04 15.78
Personnel Technician 12 .95 13 . 61 14 . 30 15. 04 15. 78
Para-Legal Technician 13 . 55 14 . 18 14 . 89 15. 65 16. 45
Airports Specialist 13 . 70 14 . 56 15. 41 16. 27 17 . 13
31
EXHIBIT "B-1"
EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS
AND
SALARY RANGES
Effective: April 10, 1994
Monthly Salary Ranges
CLASSIFICATIONS Minimum Maximum
Information Systems Operations Manager $ 2 , 902 $ 4 , 490
Lead Systems Analyst 2 , 632 4 , 072
Management Analyst II 2 , 393 3 , 702
Personnel Analyst II 2 , 393 3 , 702
Systems Analyst/Programmer II 2 , 393 3 , 702
Assistant City Clerk 2 , 338 3 , 617
Systems Analyst/Programmer I 2 , 152 3 , 329
Administrative Assistant to the City Manager 2 , 089 3 , 232
Management Analyst I 2 , 069 3 , 200
Personnel Analyst I 2 , 069 3 , 200
Office Services Supervisor 1, 934 2 , 992
Secretary to Assistant City Manager 1, 934 2 , 992
32
EXHIBIT "B-2"
EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS
AND
SALARY RANGES
Effective: July 3 , 1994
Monthly Salary Ranges
CLASSIFICATIONS Minimum Maximum
Information Systems Operations Manager $ 2 , 902 $ 4 , 580
Lead Systems Analyst 2 , 632 4 , 153
Management Analyst II 2 , 393 3 , 776
Personnel Analyst II 2 , 393 3 , 776
Systems Analyst/Programmer II 2 , 393 3 , 776
Assistant City Clerk 2 , 338 3 , 689
Systems Analyst/Programmer I 2 , 152 3 , 396
Administrative Assistant to the City Manager 2 , 089 3 , 297
Management Analyst I 2 , 069 3 , 264
Personnel Analyst I 2 , 069 3 , 264
Office Services Supervisor 1, 934 3 , 052
Secretary to Assistant City Manager 1, 934 3 , 052
33
EXHIBIT "B-3"
EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS
AND
SALARY RANGES
Effective: July 2 , 1995
Monthly Salary Ranges
CLASSIFICATIONS Minimum Maximum
Information Systems Operations Manager $ 21902 $ 4 , 717
Lead Systems Analyst 2 , 632 4 , 278
Management Analyst II 2 , 393 3 , 889
Personnel Analyst II 2 , 393 3 , 889
Systems Analyst/Programmer II 2 , 393 3 , 889
Assistant City Clerk 2 , 338 3 , 800
Systems Analyst/Programmer I 2, 152 3 , 498
Administrative Assistant to the City Manager 2 , 089 3 , 396
Management Analyst I 2 , 069 3 , 362
Personnel Analyst I 2 , 069 3 , 362
Office Services Supervisor 1, 934 3 , 144
Secretary to Assistant City Manager 1, 934 3 , 144
34
EXHIBIT "B-4"
EXEMPT EMPLOYEE SCHEDULE OF CLASSIFICATIONS
AND
SALARY RANGES
Effective: July 1, 1996
Monthly Salary Ranges
CLASSIFICATIONS Minimum Maximum
Information Systems Operations Manager $ 2 , 902 $ 4 , 882
Lead Systems Analyst 2 , 632 4 , 428
Management Analyst II 2 , 393 4 , 025
Personnel Analyst II 2 , 393 4 , 025
Systems Analyst/Programmer II 2 , 393 4 , 025
Assistant City Clerk 2 , 338 3 , 933
Systems Analyst/Programmer I 2 , 152 3 , 620
Administrative Assistant to the City Manager 2 , 089 3 , 515
Management Analyst I 2 , 069 3 , 480
Personnel Analyst I 2 , 069 3 , 480
Office Services Supervisor 1, 934 3 , 254
Secretary to Assistant City Manager 1, 934 3 , 254
35