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HomeMy WebLinkAboutReso. 1988-420 - Approving the provisions of the memorandum of understanding between the city of redding and the redding public safety dispatches association RESOLUTION NO. n- 1JI,ZQ 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 PUBLIC SAFETY DISPATCHERS ASSOCIATION (RPSDA) , EFFECTIVE DECEMBER 6 , 1988 . WHEREAS , the Redding Public Safety Dispatchers Association (RPSDA) has been formally recognized as the exclusive represen- tative 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 Public Safety Dispatchers Association, as required by the provisions of the Meyers-Milias-Brown Act of 1968 ; and WHEREAS, a true copy of the Memorandum of Understanding is attached hereto as Exhibit "A" and incorporated herein by reference; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding that the aforesaid Memorandum of Understanding is hereby approved, and shall become effective December 6 , 1988 . I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of d I the City of Redding on the 6th day of December , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton, & Johannessen NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None 71,7 K. MAURICE JOHANNESSEN, Mayor City of Redding ATTEST: edeiv 77 ' ETHEL A. NICHOLS , City Clerk FO'4f PPROVED: * A DALL A. HAYS , ity Attorney -2- 411 411 MEMORANDUM OF UNDERSTANDING Between CITY OF REDDING and REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION EFFECTIVE: December 6 , 1988 ti • TABLE OF CONTENTS Article Page 1 Preamble 1 2 Recognition 3 3 Association Security 3 4 Grievance Procedure 5 5 Safety 6 6 Disability and Unemployment 7 7 Employee Status 8 8 Wages and Classifications 9 9 Hours and Overtime 10 10 Seniority 12 11 Promotion and Transfer 12 12 Demotion and Layoff 12 13 Leave of Absence 13 114 Expenses 14 15 Sick Leave 14 16 Funeral Leave 15 17 Holidays 16 18 Vacations 17 19 Uniforms 19 20 Miscellaneous 19 21 Employee Benefit Programs 19 22 Entire Agreement 21 23 Term 21 41! 410 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made and entered into this day of December, 1988 , by and between the City of Redding (a public agency 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 REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION (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 Association, WITNESSETH that : WHEREAS , the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City, Association 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, NOW, THEREFORE, the parties hereto do agree as follows : ARTICLE 1 Preamble 1 . 1 The parties acknowledge the provisions of Chapter 10 (Section 3500, et seq. ) of Division 4 of Title 1 of the Govern- ment Code of the State of California. 1 .2 It is the policy of the City and Association not to, and neither party will interfere with , intimidate , restrain , coerce or discriminate against any employee because of race , creed, sex, color or national origin. 1 . 3 The City is engaged in rendering services to the pub- lic , and the City and Association recognize their mutual obligation for the continuous rendition and availability of such services. 1 .4 The duties performed by employees of 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. Overtime work is an established condition of employment . During the term of this Memorandum of Understanding employees shall not partially or totally abstain from the performance of their duties for City. Association 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 . Those 1 411 • employees who do individually or collectively partially or totally abstain from the performance of their duties for City or unreasonably or arbitrarily refuse or fail to respond to overtime work requirements shall be subject to disciplinary action up to and including discharge from employment. 1 . 5 City employees shall perform loyal and efficient work and service , and shall use their influence and best efforts to protect the properties of City and its service to the public and shall cooperate in promoting and advancing the welfare of City and in preserving the continuity of its service to the public at all times. 1 . 6 City and Association shall cooperate in promoting harmony and efficiency among City employees. 1 . 7 Notwithstanding anything to the contrary, the Association 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 the grievance procedure . 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 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, the control of the property and the composition, assignment , direction and determination of the size of its working forces . (c) The right to determine the work to be done by employees . (d) The right to change or introduce new or improved operations, methods, means or facilities. (e) The right to hire , schedule , promote , demote , transfer , release and layoff employees , and the right to suspend , discipline and discharge employees and otherwise 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. 1 . 8 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 Association agrees that it will follow the procedures as set forth in the Memorandum of Understanding or the bargaining process required by the Meyers-Milias-Brown Act and will make every effort to persuade its members to also use the established procedures , rather than to use any other method or forum such as appeals directly to the news media or the City Council for reso- lution of problems or disputes arising out of this Memorandum of Understanding. 2 411 411 ARTICLE 2 Recognition 2 . 1 The City recognizes the Association as the "Exclusive Representative" of all employees of the City who hold the classification of Public Safety Dispatcher , Senior Public Safety Dispatcher , or Communications Shift Supervisor. The provisions of this Memorandum of Understanding hereinafter set forth shall only apply to those employees of the City of Redding for whom the Redding Public Safety Dispatchers Association is the established exclusive representative . 2. 2 Official representatives of Association 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 . 2 . 3 The City will provide the Association adequate bulletin board space for the purpose of posting thereon matters relating to official Association business. 2. 4 The City and the Association will not interfere with , intimidate, restrain, coerce or discriminate against any employee because of the employee 's membership or nonmembership in Association or the employee 's activity on behalf of the Association. 2. 5 Any employee , at the employee 's request , shall be permitted representation by a Association representative . The foregoing shall apply to hearings, reprimands, investigations and disciplinary actions , providing there is no unreasonable delay in obtaining representation. 2. 6 Joint Association-Management meetings shall be held as often as agreed upon by Association 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 mat- ter ; provided , the meetings shall not substitute for normal grievance procedures or for formal negotiations between the par- ties . The meetings shall be summarized in written minutes . Except that the provisions of this section shall be observed, the meetings shall be self-organizing . ARTICLE 3 Association Security 3. 1 (a) Every employee covered by this Memorandum of Under- standing shall , as a condition of employment : ( 1 ) become a mem- ber of the Association and maintain the employee 's membership in 3 411 II! I• the Association in good standing in accordance with its Consti- tution and Bylaws : or (2) in the alternative, an employee must tender a registration fee to the Association equal to the initiation fee required of Association members, and shall tender, monthly, an agency fee in an amount equal to the amount of the monthly dues and per capita fees required of members ; except that : 3. 1 (b) Any employee of the City in a classification repre- sented by Association and who , on the effective date of this Memorandum of Understanding, was an employee and was not a member of the Association , and who remains an employee continuously after the effective date of this Memorandum of Understanding is exempt from the provisions of Section 3. 1 (a) unless the employee becomes a member of Association. 3. 1 (c) Any employee appointed to any classification out of the bargaining unit covered by this Memorandum of Understanding may withdraw from membership in Association and the employee 's obligation to pay an agency fee shall be suspended for the duration of such period as the individual is working for City in a job classification not covered by this Memorandum of Understanding. 3. 2 Any employee who is or who becomes a member of Association shall , as a condition of employment , maintain the employee 's membership in Association in good standing in accordance with its Constitution and Bylaws. 3. 3 The City shall deduct from their wages the regular mem- bership dues of employees who are members of the Association or agency fees of other employees provided for in 3 . 1 (a) not exempted by the provisions of 3. 1 (b) or 3 . 1 (c) , 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. 3. 4 Deductions shall be made from the second payroll period of each month, and a check for the total deductions shall be sub- mitted to the Redding Public Safety Dispatchers Association , Post Office Box 992555 , Redding , California 96099, within five (5) working days of the date the dues or agency fees are withheld from the employee 's check. The City shall notify Association each month at the time of the dues or agency fees transmittal to Association of any changes since the previous dues or agency fees transmittal and the reasons therefor . 3. 5 The form of check-off authorization shall be approved by both the City and the Association. 3 . 6 Upon written request from the Association , the City shall , within twenty-one (21 ) calendar days , terminate the employment of any employee who fails to comply with the requirements of this Article. 4 a 4 3. 7 Notwithstanding the foregoing provisions of this Arti- cle , any employee with lawfully established valid objections to membership or financial support of an Association shall be permitted to make appropriate payments in lieu of payments to the Association to other appropriate organizations as established by law, in accordance with the provisions of Section 3502. 5 of the Government Code of the State of California. ARTICLE 4 Grievance Procedure 4. 1 Any grievance , which may arise between Association, 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, or with respect to such matters as the alleged discriminatory or arbitrary discharge, demotion or discipline of an individual regular employee , shall be determined by the provisions of this Article . 4.2 Step One : The initial step in the adjustment of a grievance shall be a discussion between the employee representa- tive and the employee 's immediate management-level Supervisor, who will answer within five (5) work days . 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 grievant. 4. 3 Step Two : If a grievance is not resolved in the ini- tial step, the second step shall be a discussion between the employee representative or the Association 's Business Representa- tive and the Division Commander who will answer within five (5) days. This step shall be taken within five (5) days of the date of the answer in Step One. 4. 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 Association 's Business Representative to the Police Chief who shall answer within ten ( 10) days . This step shall be taken within five (5) days of the date of the Divi- sion Commander 's answer in Step Two. 4.5 Step Four: If a grievance is not resolved in the third step, the fourth step shall be the presentation of the grievance in writing by the Association 's Business Representative to the City Manager who shall answer in writing within ten ( 10) days . The fourth step shall be taken within five (5) days of the date of the answer in Step Three. 4.6(a) Step Five : If a grievance is not resolved in the fourth step, the fifth step shall be referral by either the City 5 • 4 or the Association to arbitration . The fifth step shall be taken within twenty (20) days of the date of the answer in Step Four . 4 . 6(b) An arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration . In the event the City and the Association are unable to agree on the selection of an arbitrator , they shall request the State of California Mediation and Conciliation Service to nominate five (5) persons for arbitrator . The City and Association each will alternately challenge two (2) of such nominees , the party having the first challenge to be determined by lot . The remaining nominee shall be accepted as arbitrator , and the arbitrator 's compensation and expenses shall be borne equally by the City and the Association. The City and the Association shall pay the compensation and expenses of their respective appointees and witnesses . At Association 's request the City shall release employees from duty to participate in arbitration proceedings. 4 . 6(c) The arbitrator shall hold such hearings and shall con- sider such evidence as to it appears necessary and proper . The first hearing shall be held as soon as practicable for the par- ties involved. The decision of the arbitrator shall be final and binding on City and Association 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. 4 . 7 Failure by the Association to meet any of the aforementioned time limits as set forth in Sections 4 .2, 4. 3, 4 . 4 , 4. 5, or 4. 6(a) will result in forfeiture except , however, that the aforementioned time limits may be extended by mutual agreement. Whenever the City fails to provide a timely answer to a grievance at any of the foregoing steps requiring an answer by the City, the Association may go forward with the grievance at the next step of the established procedure. 4 .8 Notwithstanding the aforementioned procedure , any indi- vidual employee shall have the right to present grievances to the City and to have such grievance adjusted without the intervention of the Association , provided that the adjustment shall not be inconsistent with this Memorandum of Understanding, and provided further , that the Association 's Business Representative shall be given an opportunity to be present at such adjustment . ARTICLE 5 Safety 5 . 1 The City Council 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. 6 111, 5. 2 Regular safety meetings will be held bi-monthly 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. 5. 3 Employees will not be involuntarily assigned to Police Matron duties prior to being given adequate training in personal search and self-defense techniques . ARTICLE 6 Disability and Unemployment 6 . 1 (a) Supplemental Benefits for Industrial Injury : Whenever any regular employee who is a member of the Public Employees ' Retirement System is disabled , whether temporarily or perma- nently, 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 seventy-seven and one-half percent (77. 5%) 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 one year , or until such earlier date as the employee is retired on permanent disability pension . In consideration of this benefit , the regular 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 paragraph. 6 . 1 (b) An employee who is absent by reason of industrial dis- ability 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 disabil- ity 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 himself, or to the employee 's fellow employees , or to the employee 's own permanent health. 7 • ,111 6. 1 (c) If a third party is found to be responsible for the employee 's industrial injury and the employee receives a judgment in damages from said third party, then all supplemental benefits received as provided for in Section 6 . 1 (a) not already repaid from the other sources mentioned in Section 6. 1 (a) shall be repaid to the City by the employee. 6 . 1 (d) Vacation and sick leave shall be accrued and group insurance coverage shall be maintained while a regular employee is absent from work as a result of a job related disability and receiving the supplemental benefits to Workers ' Compensation tem- porary disability compensation as set forth in 6. 1 (a) for the period of such disability, but not exceeding one ( 1 ) year . Employees who are not entitled to the benefits as set forth in 6 . 1 (a) , but who are receiving Workers ' Compensation temporary disability benefits , may nevertheless , at their option , maintain their 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 , providing the employee pays the employee 's share of the monthly premium to the City of Redding on or before the first day of the month for which the premium is intended . 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 . ARTICLE 7 Employee Status 7 . 1 Employees will be designated as regular , probationary, or full-time temporary depending upon the purpose for which they are hired and their length of continuous service with the City. 7. 2 A regular employee is defined as an employee who has one ( 1 ) year , or more , seniority with the City in full-time employment. 7. 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 pro- bationary 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 cover- age and items of a similar nature , as the employee becomes eligible , but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence . 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 provision of this Article , an employee 's probationary period shall be extended by the duration of any unpaid absence of ten ( 10) or more consecutive work days. 8 e • 7. 4 A full-time temporary employee is defined as an employee hired for occasional or seasonal work for a period not to exceed six (6) months . A full-time temporary employee shall receive not less than the minimum rate for the job but shall not be eligible for sick leave pay, holiday pay, vacation pay, insur- ance coverage , retirement plan participation or items of a simi- lar nature, nor shall the employee accrue seniority, or promotion and transfer rights , or leave of absence rights . If a full-time temporary employee is reclassified to probationary status the employee shall be credited with all continuous service in determining eligibility for such benefits as may accrue to the employee in the employee 's new status. Upon completion of six ( 6) months of continuous service with the City, a full-time temporary employee shall be given the status of a probationary employee. ARTICLE 8 Wages and Classifications 8. 1 Employees shall be paid the wage 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 . After thirteen ( 13) full pay periods of employment at salary step one , an employee shall be advanced to salary step two. After twenty- six full pay periods of employment at salary step two, an employee shall be advanced to salary step three. Notwithstanding the foregoing, however, whenever any employee satisfactorily com- pletes all phases of training as a Public Safety Dispatcher, the employee shall be advanced to salary step three, effective on the first day of the payperiod following completion of all required training. 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 one-half of the regularly scheduled work hours. 8. 2 Wages shall be paid at bi-weekly intervals on Fridays for a pay period ending no earlier than the preceding Saturday. If a pay day falls on a holiday , payments shall be made on the preceding workday. 8. 3 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. 8. 4(a) Whenever any employee is assigned to shift work and performs duties between the hours of 4 :00 p.m. and 12 : 00 Mid- night , the employee shall receive shift differential pay of three and one-third percent (3-1/3%) of the employee 's regular hourly rate of pay for each hour worked between the hours set forth above, regardless of whether those hours are compensated therefor on a straight time or an overtime basis . 9 410 8. 4(b) Whenever any employee is assigned to shift work and performs duties between the hours of 12 :00 Midnight to 8 : 00 a.m. , the employee shall receive shift differential pay of five percent ( 5%) of the employee 's regular hourly rate of pay for each hour worked between the hours set forth above , regardless of whether those hours are compensated therefor on a straight time or an overtime basis. 8. 5 Attached hereto and made a part hereof is Exhibit A titled "Schedule of Wage Rates . " 8. 6 Attached hereto and made a part hereof is Exhibit B, titled "Job Definitions. " ARTICLE 9 Hours and Overtime 9. 1 All regular employees will receive full-time employment for each workweek 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 at the end of the workweek . 9 .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. 9 . 3(a) A workweek is defined to consist of seven (7) consecu- tive calendar days , Sunday through Saturday, and a basic workweek is defined to consist of five (5) work days of eight (8) hours each. The basic workweek may begin on any day of the week or at any hour of the day during the workweek . For those employees assigned to daytime duty, the regular work hours shall be 8:00 a .m. to 12 : 00 noon, and 1 : 00 p.m. to 5 :00 p.m. For those employ- ees who are assigned to shift work, the regular shift shall con- sist of eight (8) consecutive hours with a meal break near the middle of the shift . Shift work hours are 4:00 p.m. to 12 :00 midnight , 12 :00 midnight to 8 : 00 a .m. and 8:00 a.m. to 4 :00 p.m. The foregoing work shifts may, however , be changed by mutual agreement between the parties . Whenever it becomes necessary to reschedule any employee 's work days and/or work hours , the City will give as much notice as possible and in any event not less than five (5) days notice in advance of the schedule change . Whenever employees are rescheduled as set forth above , they shall receive at least twelve ( 12) hours off between shifts . 9 . 3(b) Regular employees who are routinely assigned to dis- patching shall select shifts and days off by seniority with the department except as otherwise provided herein. Shifts will be 10 411 scheduled every three (3) months and Management will post the schedule fifteen ( 15) days in advance of the schedule 's effective date , provided that all affected employees have submitted shift requests on a timely basis . An employee will not be permitted to remain on a given shift in excess of nine (9) consecutive months , and shall spend a minimum of three (3) consecutive months on all shifts within a fifteen ( 15) month period. Days off are to be selected from those slots which have been scheduled by the City. Employees may be reasonably assigned to days off and shifts based on operational needs . Any administrative adjustment in assign- ' ment made after posting of the shift schedule shall not give any employee the right to displace another employee from a shift , days off, or vacation period. 9 . 4 Overtime is defined as (a) time worked in excess of forty (40) hours in a workweek, (b) time worked in excess of eight (8) hours on a scheduled workday, (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 . Time worked as defined in (a) or (c) above as a result of a shift change shall not be regarded as overtime for compensation purposes. 9. 5 Overtime compensation shall be paid at a rate equiva- lent to one and one-half ( 1-1/2) times the regular rate of pay, or at the employee 's option , providing it is legally permissible and has City approval , the employee may elect to receive time off 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 sched- uled. 9. 6 Employees 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 over- time compensation for the actual time worked , but in no event for less than two (2) hours compensation. If an employee who is called out for such 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 time 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 time worked. 9. 7 Overtime shall be distributed as equally as is practi- cable 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. 11 110 411 ARTICLE 10 Seniority 10. 1 Seniority is defined as total length of continuous ser- vice 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 for more than six (6) consecutive months , (4) failure to return immediately on the expiration of a leave of absence or acceptance of other full-time employment while on leave , or (5) 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 , under any Act of 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) absent due to layoff for a period of less than six (6) consecutive months . ARTICLE 11 Promotion and Transfer 11 . 1 All promotions and transfers shall be in accordance with standards and procedures as determined by the City. 11 .2 Whenever a vacancy occurs in any job classification which the City wishes to fill , the City may at its discretion , temporarily fill such vacancy. If practicable , the City will fill such temporary vacancy with the most qualified and available employee . ARTICLE 12 Demotion and Layoff 12. 1 When it becomes necessary for the City to lay off regu- lar employees, the City will give employees involved as much notice as possible ; but in no event will such employees receive less than two (2) weeks ' notice of layoff. Where probationary or temporary employees are to be laid off, no notice of layoff need be given. Regular employees shall not be laid off until all pro- bationary and temporary employees have been laid off. 12. 2 Order of layoff of regular employees due to lack of work will be determined by an employee 's seniority. 12. 3 Regular employees who are laid off will be given pref- erence in filling future vacancies for a period of up to six (6) months , providing they keep the City advised of their current address. 12 . . 1 12 . 4 Notwithstanding the provisions of this Article the City 's Director of Labor Relations and the Association 's Business Representative may agree to other procedures during the term of this Memorandum of Understanding. ARTICLE 13 Leave of Absence 13. 1 Leave of absence may be granted to regular employees by the City Manager for urgent and substantial reasons, up to a max- imum of one 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 . 13.2 A leave of absence will commence on and include the first work shift on which the employee is absent and terminate with and include the work shift preceding the shift the employee returns to work. 13. 3 All applications for leave of absence shall be made in writing except when the employee is unable to do so. The condi- tions 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 working conditions providing that the employee is capable of performing the duties of the employee 's former position , except that if there has been a reduction of forces or the employee 's position has been eliminated during said leave, the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence. 13. 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. 13 . 5 If an employee fails to return immediately on the expi- ration of the employee 's leave of absence of 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. 13. 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 in the Finance Department of the City on or before the first day 13 1 of the month for which the premium is intended. Notwithstanding the above , however , if the leave of absence is a result of exhaustion of sick leave benefits , an employee 's group insurance may be maintained for up to three (3) calendar months on the normal premium-sharing formula, providing the employee pays the employee 's share of the premium on a timely basis. ARTICLE 14 Expenses 14. 1 Whenever an employee uses the employee 's personal automobile for the City 's convenience , the employee will be reimbursed therefor at the same rate per mile as established for non-represented City employees. 14 .2 Employees who are assigned to temporary work at such distance from their regular headquarters that it is impractical for them to return thereto each day, or to their regular place of abode, will be allowed actual personal expenses for board and lodging for the duration of such assignment , provided they board and lodge at places to be designated by the City. The time spent by such employees in traveling to such temporary job at its beginning, to and from home on holidays and weekends , and from such temporary job at its conclusion and any reasonable expense incurred thereby will be paid by the City. 14. 3 Whenever an employee is required to work four ( 4) hours or more overtime immediately preceding or following a regular eight (8) hour shift , the employee shall be entitled to receive a seven dollar ($7. 00) meal allowance . ARTICLE 15 Sick Leave 15 . 1 Sick leave with pay shall be accumulated for each regu- lar and probationary employee at the rate of forty-six thou- sandths ( . 046) of an hour for each regular hour worked , or on paid leave . (Accrual rate approximately one ( 1 ) day per month. ) 15 . 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 illness, off-duty injury, or confinement for medical treatment ; (b) per- sonal 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 16. 1 , for up to one regularly scheduled work day per incident . 15 . 3 Management may require satisfactory evidence of sick- ' ness or disability before payment for sick leave will be made. The City may also require an employee requesting to return to 14 i • work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by the City for the purpose of determining that such employee is physically fit and able to perform the duties of the employee 's former position without hazard to the employee , or to fellow employees , or to the employee 's own permanent health . Such examination or examinations shall be at the sole expense of the City. 15 . 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. 15 . 5 Any employee who after ten ( 10) years of service to the City terminates employment , shall be paid at the employee 's regu- lar payrate for thirty-three and one-third percent (33 1/3%) of the employee 's accumulated sick leave hours, reduced by the amount of bonus vacation hours the employee has previously received pursuant to section 18.2. 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 or more ser- vice , the percentage set forth above shall be increased to sixty percent (60%) . 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 Sys- tem pursuant to the contract between the City of Redding and the Public Employees ' Retirement System. ARTICLE 16 Funeral Leave 16 . 1 Regular 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 , broth- ers , sisters , parents , or grandparents of either spouse or other persons who are living in the employee 's immediate household . 16 .2 Regular employees who are absent from work to attend the funeral of a person other than an immediate family member 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. 15 411 111 ARTICLE 17 Holidays 17. 1 Regular 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) First Monday in September (g) Employee 's birthday (h) The second Monday in October, known as "Columbus Day" (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 falls 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 falls on a Saturday, the preceding Fri- day 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 vaca- tion days are normally scheduled . Notwithstanding the foregoing with ten ( 10) days notice an employee may observe the employee 's birthday holiday on the employee 's birthday . If an employee fails to give ten ( 10) days advance notice the holiday will be deferred and scheduled as vacations are normally scheduled. 17 .2 Notwithstanding the foregoing, employees may be sched- uled to work on holidays , in which event any such employee will , in addition to holiday pay, be compensated therefor at the over- time 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. 16 411 17. 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. ARTICLE 18 Vacations 18 . 1 (a) Regular and probationary employees of the City shall accrue vacations with pay as follows : 18. 1 (b) At the rate of thirty-nine thousandths ( . 039) of an hour for each regular hour worked, or on paid leave, from 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 . ) 18 . 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 . ) 18. 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 . ) 18. 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 four- teen ( 14) years of service . ) 18 . 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 . ) 18. 1 (g) 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 . ) 18. 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. 17 • 18 . 2 In each of the first five (5) calendar years , except for the first calendar year following the employee 's employment date , an employee who has used twenty-four (24) hours or less of paid sick leave in the preceding year shall be entitled to eight (8) hours of bonus vacation in addition to any vacation allowance the employee is entitled to as set forth in Section 18. 1 . In the tenth ( 10th) calendar year following an employee 's employment date and in each fifth (5th) calendar year thereafter an employee who has used one hundred twenty ( 120) hours or less of sick leave during the five ( 5) preceding calendar years shall be entitled to forty ( 40) hours of bonus vacation in addition to the vacation allowance the employee is entitled to as set forth in Section 18 . 1 . The bonus vacation, as herein provided, vests on the first day of each year in which an employee qualifies for a bonus vaca- tion . An employee acquires no right to all or any part of the bonus vacation unless such employee works in the calendar year in which it is granted. 18 . 3 Vacation cannot be accrued while an employee is in a non-pay status. 18. 4 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 years 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. 18 . 5 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. 18. 6 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. 18. 7 Employees whose employment with the City is terminated for any reason shall , at the time of termination, receive any un- used vacation period previously earned . 18 .8 Whenever any employee has accrued one hundred twenty ( 120) hours or more vacation allowance as set forth in 18 . 1 (a- h ) , the City will , at the employee 's option, compensate the em- ployee for up to forty (40) hours of accumulated vacation during any fiscal year . Whenever any employee has accrued two hundred forty (240) hours or more vacation allowance as set forth in 18. 1 (a-h) , the City will , at the employee 's option, compensate the employee for up to eighty (80) hours of accumulated vacation dur- 18 4 ing any fiscal year . Payments for unused vacation shall be limited to no more than once each fiscal year. ARTICLE 19 Uniforms 19 . 1 The uniform allowance of $350 . 00 per year is normally paid in July of each year and is for the purpose of maintenance and replacement of uniforms for the ensuing 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 to the following July 1 . ARTICLE 20 Miscellaneous 20. 1 A regular 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. 20. 2 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. 20. 3 An employee who disagrees with the evaluator 's state- ments or conclusions with respect to the employee evaluation report shall have the right to review such evaluation report with the City's Director of Personnel Services and upon request , shall have the right to have a Association representative present . ARTICLE 21 Employee Benefit Programs 21 . 1 Retirement Plan : All regular and probationary employ- ees 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 year 's compensation in benefit formula, 1959 Survivors Benefits , Post-Retirement Survivors allowance , credit for unused sick leave and military service credit . The City pays the employees ' full cost of participation in the Public Employees ' Retirement System. 21 .2(a) Group Insurance : All regular employees and all proba- tionary employees are eligible to participate in the group insur- ance benefit program, effective the first day of employment . 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: 19 i • 1 ) Life Insurance (twice the annual salary for employee , $3,000 for employee 's dependents) ; 2) Health Benefits ; 3) Dental Benefits (including orthodontia ; with 50% pay- ment up to $1500 per person per lifetime ) ; 4) Long Term Disability. After three (3) months , sixty 1 (60) percent of employee 's salary integrated with all other income benefits payable to age 65. For those employees who decline coverage in the City's plan , and elect to be covered by the Association 's long term disability insurance plan, the City will contribute to the Association 's plan an amount on behalf of the employee which is the lesser of the full cost of the Association 's plan , or the amount of the cost of the City 's plan. 5) Vision (employee only ; minimum available California Vision Service Plan) . The City may, if practicable , modify the group insurance program set forth above by adding utilization review and by creating pre- ferred provider organization programs which create financial incentives for the employee to use such preferred provider ser- vices , but do not reduce any current benefit level nor impose any penalty for the employee who chooses not to use a preferred provider 's services. 21 . 2(b) The City will pay fifty percent (50%) of the group med- ical 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. Notwithstanding the foregoing , the City may increase its contribution to the retirees ' group insurance pre- mium or improve Public Employees ' Retirement System benefits dur- ing the term of this Memorandum of Understanding. 21 .2(c) The health benefit plan as set forth in number 2 of 21 . 2(a) above , provides for payment equal to fifty percent (50%) of the cost for the first six (6) visits of outpatient benefits for treatment of mental and nervous disorders. The City will reimburse those employees for their cost for the first twelve ( 12) visits of the benefits set forth above , provided the employee submits the necessary documentation to support the expense, and request for reimbursement to the Personnel Office. 20 • ARTICLE 22 Entire Agreement 22. 1 The parties acknowledge that during the negotiations which resulted in this Memorandum of Understanding each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the scope of negotiations , and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the Memorandum of Understanding. Therefore , the City and the Association, for the duration of this Memorandum of Understanding , each voluntarily and unqualifiedly waives the right , and each agrees that the other shall not be obligated to bargain with respect to any subject or matter referred to, or covered in this Memorandum of Understanding, or with respect to any subject or matter not specifically referred to, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Memorandum of Under- standing. ARTICLE 23 Term 23. 1 This Memorandum of Understanding , having taken effect as of December 6, 1988 shall continue in full force and effect until the first day of January, 1990 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 . 23.2 Whenever notice is given for changes , the general nature of the changes desired must be provided within thirty (30) days of 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. 23. 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. 23. 4 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law, regulation or executive order shall be suspended and inoperative to the extent of and for the duration of such conflict ; the balance of this Memorandum of Understanding , however, shall remain in full force and effect . 21 III I. , e IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the day and year first above written. 1 CITY OF REDDING REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION A Robert M. Christ•. / erson Ja - mith City Manager Pr-sident •„-,9' A -_. 0'" - ,---- Admim....-..: 2L0-10 LAg0--16 Obert P . Blankenship usan Poole Chief of Police Vice President : 1/ /2(/1/4/ ' ' &9.s.s y1/44Q-Pts) _ 1 J es G. Bristow Bill McPoil /,j rector of Personnel Services Labor Representative 1AlOP . v .'A , 7, / I vette F. Primrose , Director - Police Services Division )i, flh c � t a . Wert , Public Sa(ety Communication Supervisor 1 i �._i1�/4J °,/ AA 1'llir. a les R. Reynolds/ Director of Labor 'elations 22 • EXHIBIT A CITY OF REDDING EMPLOYEE CLASSIFICATION SCHEDULE AND SALARY PLAN Effective December 6 , 1988 Step 3 Hourly Pay Rate Monthly Salary Step Equivalent 1 2 3 Public Safety Dispatcher $8. 41 $ 8.85 $ 9. 23 $1 , 606 Senior Public Safety Dispatcher 9.69 10. 17 1 , 770 Communications Shift Supervisor 11 . 19 1 , 947 Effective 12-25-88 Public Safety Dispatcher $8. 75 $ 9.20 $ 9. 60 1 , 670 Senior Public Safety Dispatcher 10.08 10 . 58 1 , 841 Communications Shift Supervisor 11 . 64 2, 025 w • • .• EXHIBIT B JOB DEFINITIONS PUBLIC SAFETY DISPATCHER An employee who is engaged in communications with the public and other police , fire and medical employees in the field , by use of telephones and two-way radio equipment . Dispatches appropriate employees or equipment in response to emergency and other calls for service . Maintains daily logs and status records for all units on duty, performs a wide variety of clerical duties , types letters and police reports , operates CLETS terminal and CRT, functions as receptionist and performs other related work as required . Must be skilled in the use of a multiple switchboard and radio-telephone as well as other office equipment . Must be able to type at least 45 words per minute With two years previous public safety dispatching experience , the typing requirement may be reduced to 30 words per minute . The employee's background of training and experience shall be such as to qualify the employee to perform the duties with skill , efficiency, tact and diplomacy. SENIOR PUBLIC SAFETY DISPATCHER An employee who is engaged in communications with the public and other police , fire and medical employees in the field , by use of telephones and two-way radio equipment . Dispatches appropriate employees or equipment in response to emergency and other calls for service . Maintains daily logs and status records for all units on duty, performs a wide variety of clerical duties , types letters and police reports , operates CLETS terminal and CRT, functions as receptionist and performs other related work as required. Must be skilled in the use of a multiple switchboard and radio-telephone as well as other office equipment . Must be able to type at least 145 words per minute and may be required to train other Public Safety Dispatchers . Except as otherwise provided, employees will be assigned to train other employees for up to three (3) consecutive months followed by a three ( 3) month break from training duties . Notwithstanding the foregoing, however, when no other qualified trainers are available , employees will be assigned to training duties as needed . The employee's background of training and experience shall be such as to qualify the employee to perform the duties with skill , efficiency, tact and diplomacy . The employee must be fully skilled and qualified in all phases of public safety dispatching and training of other employees as Public Safety Dispatchers, and must maintain said skills and qualifications in order to retain the classification . Appointments to the Senior Public Safety Dispatcher classification shall be based upon merit , skill , qualifications , employee evaluations , efficiency, tact , and 9 v • k to diplomacy as well as other appropriate criteria as established by the City. COMMUNICATIONS SHIFT SUPERVISOR An employee who is a working supervisor in charge of employees engaged in all types of public safety communications . The employee will be required to perform any and all of the duties of the Senior Public Safety Dispatcher . The employee shall have the personal qualifications of leadership and supervisory ability, and be familiar with all of the City's related rules and regulations . The employee 's background of training and experience shall be such as to enable the employee to perform the duties with skill , efficiency, safety, tact , and diplomacy.