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HomeMy WebLinkAboutReso. 1985 - 007 - Approving the provisions of the memorandum of understanding between the city of redding and the general teamsters local union 137 effective december 30, 1984 i r ' • 110 RESOLUTION NO. 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 GENERAL TEAMSTERS , LOCAL UNION 137 , EFFECTIVE DECEMBER 30 , 1984. WHEREAS, Local Union 137 , General Teamsters, 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 Local Union 137 , General Teamsters , 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 as Exhibit "A" and incorporated herein by refer- ence; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that the aforesaid Memorandum of Understanding is hereby approved and shall become effective December 30 , 1984 . I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 7th day of January , 1985 , and r a was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Pugh, & Kirkpatrick NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Gard ABSTAIN: COUNCIL MEMBERS: None OWARD D. KIRKPATR CK, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RA ALL A. HAYS, C . y Attorney -2- . • MEMORANDUM OF UNDERSTANDING • - Between CITY OF REDDING and Local 11137 GENERAL TEAMSTERS AND WAREHOUSEMEN, CHAUFFEURS AND HELPERS EFFECTIVE: March 17, 1983 AMENDED: ___, 1984 to be effective December 30, 1984 S TABLE OF CONTENTS Article Page 1 Preamble -• - _- 1 2. Recognition - ---- - 2 3 Union Security _ --- 3 4 Grievance Procedure - 4 5 Safety _.____._.. 6 - 6 Disability and Unemployment - - 6 7 Employee Status - 7 8 Wages and Classifications -- -- 8 9 Hours and Overtime 8 10 Seniority ---- 10 • 11 Promotion and Transfer -, 10 12 Demotion and Layoff - - --- 10 13 Leave of Absence -• 11 14 Expenses - 11 15 Sick Leave 12 16 Funeral Leave --- --- 12 17 Holidays - - 13 18 Vacations -_ -• 14 19 Uniforms - 15 20 Miscellaneous - - 15 21 Employee Benefit Programs -• 16 22 Entire Agreement - 17 23 Term •- - 17 NOTE: Additions , Amendments , changes to this Memorandum of Understanding , effective December 30, 1984 or there- after, are underlined; deleted language is lined out. • . MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 17th - day of March, 1983, 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 LOCAL No. 137 of GENERAL TEAMSTERS AND WAREHOUSEMEN, CHAUFFEURS AND HELPERS (a recognized employee organization as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Cede of the State of - California) , hereinafter referred to as Union, 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, 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, NOW, THEREFORE, the parties hereto do agree as follows: ARTICLE I Preamble . 1. 1 The parties acknowledge the provisions of Chapter 10 (Section 3500, et seq. ) of Division 4 of Title 1 of the Government Code of the State of California. 1.2 It is the policy of the City and, Union 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 public, and the City and Union 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 employ- ment 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. Union shall not call upon or authorize employees individual - ly 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 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 employ- ment. -1- • • 1.5 City employees shall perform loyal and efficient work and service, and shall use their influence and hest 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 Union shall cooperate in promoting harmony and efficiency among City employees. 1.7 - 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 the grievance procedure. However, grievances may be filed upon interpretations of the provisions of this Memorandum of Understand- ing 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 , meth- • ods , 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 cr 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 forego- ing 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 Union agrees that it will follow the procedures as set forth in the Memorandum of Understanding or the bargaining process required by the Meyers--Milian-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 resolution of problems or disputes arising out of this Memorandum of Understanding. ARTICLE 2 Recognition 2. 1 The City- recognizes the Union as the "Exclusive Representative" of all employees of the City who hold the classification of Public Safety Dis- patcher or Senior Public Safety Dispatcher. The provisions of this Memorandum of Understanding hereinafter set forth shall only apply to those employees of the City of Redding for whom Local No. 137, General Teamsters and Warehousemen, Chauffeurs and Helpers is the established, exclusive representative. 2.2 Official representatives of Union will he permitted access to City property 'to confer wi th City employees on matters of. employer-employee re- lations , but such representatives shall not interfere with work in progress without agreement of Management. -2- 2.3 The City will provide the Union adequate bulletin board space for the purpose of posting thereon matters relating to official Union business . 2.4 The City and the Union wiU not interfere with, intimidate, re- strain, coerce or discriminate against any employee because of his membership or nonmembership in Union or his activity on behalf of the Union. 2.5 Any employee, at his request, shall be permitted representation by a Union representative. The foregoing shall apply to hearings , reprimands, investigations and disciplinary actions , providing there is no unreasonable delay in obtaining representation. 2.6 Joint Union-Management meetings shall be held as often as agreed upon by Union and Management. The purpose of these meetings shall be to promote harmony and efficiency and to improve communications between employees and ail 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 r►ot substitute for normal grievance procedures or for formal negotiations between the parties. 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 Union Security 3. 1(a) Every employee covered by this Memorandum of Understanding shall , as a condition of employment: ( 1) become a member of the Union and maintain his or her membership in the Union 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 Union equal to the initiation : fee required of Union 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 4n-bis-base wae-r=ate; except that: 3. 1(b) Any employee of the City in a classification represented by Union and who, on the effective date of this Memorandum of Understanding, was an employee and was not a member of the Union, 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 he or she becomes a member of Union. 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 Union and his 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 classi - fication not covered by this Memorandum of Understanding. 3.2 Any employee who is or who becomes a member of Union shall , as a condition of employment, maintain his membership in Union in good standing in accordance with its Constitution and Bylaws. 3.3 The City shall deduct from their wages the regular membershi p dues of employees who are members of the Union or agency fees of other employees -3. • 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 submitted to Local No. 137, General Teamsters and Warehousemen, Chauffeurs and Helpers, 3540 South Market Street, Redding, California 96001, within five (5) working days of the. date the dues or agency fees are withheld from the employee's check. The City shall notify Union each month at the time of the dues or agency fees transmittal to Union 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 Union. 3.6 Upon written request from the Union, the City shall , within twen- ty-one (21) calendar days , terminate the employment of any employee who fails to comply with the requirements of this Article. 3.7 The City shall provide all new employees with Union membership application forms , payroll deduction authorization forms and a copy of this Memorandum of Understanding on or before the first day of employment. Such materials will he furnished to the City by the Union. 3.8 Notwithstanding the foregoing provisions of this Article , any employee with lawfully established valid objections to membership or financial support of a Union shall be permitted to make appropriate payments in lieu of payments to the Union 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 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, 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 Shop Steward and the Police Services 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 griev- ance. This step may be taken during the working hours of the grievant. 4.3 Step Two: If a grievance is not resolved in the initial step, the second step shall be a discussion between the Shop Steward or the Union' s Business Representative and the Division Commander who will answer within five -4- • •• (5) days . This step shall be taken within five (5) days of the date of the Supervisor's 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 Union '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 Division 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 Union'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 or the Union 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 Arbitration Board shall be appointed on each occasion that a grievance is submitted to arbitration. The Arbitration Board shall be composed of one ( 1) member appointed by the City, one (1) member appointed by the Union, and a third member chosen by mutual agreement of the City and the Union. Such third member shall act as Chairman of the Arbitration Board. In the event the City and the Union are unable to agree on the selection of a Chairman of the Arbitration Board, they shall request the State of California Mediation and Conciliation Service to nominate five (5) persons for Chairman. The City and Union each will alternately challenge two (2) of such nominees, the party having the first challenge to be determined by lot. The remining nominee shall be accepted as Chairman of the Arbitration Board, and his compensation and expenses shall be borne equally by the City and the Union. The City and the Union shall pay the compensation and expenses of their respective appointees and witnesses. At Union' s request the City shall release employees from duty to participate in arbitration proceedings. 4.6(c) The Arbitration Board shall hold such hearings and shall consider such evidence as to it appears necessary and proper. The first hearing shall be held as soon as practicable for the parties involved. The majority deci - sion of the Arbitration Board shall be final and binding on City and 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. 4.7 Failure by either party 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. 4.8 Notwithstanding the aforementioned procedure, any individual employ- ee shall have the right to present grievances to the City and to have such grievance adjusted without the intervention of the Union, provided that the adjustment shall not be inconsistent with this Memorandum of Understanding , • • and provided, further, that the Union' 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. 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 emp`(-6:: with safe work procedures and applica- ble 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 dis- abled, is- abled, whether temporarily or permanently, by injury or illness arising out of and in the course of his duties , which comes within the application of the Workers ' Compensation and Insurance Chapters of the State Labor Code, he shall become entitled, regardless of his period of service with the City to compen- sation at the rate of seventy-seven and one-half percent (77.5%) of his 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 he is retired on perma- nent 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 he may he 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 disability may be • returned to work by the City and given temporary light duties within his ability to perform, with the consent of the employee' s physician. The dura- tion 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 his regular classification while engaged in such temporary duties . The City may require an employee being considered for return towork 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 410 • such employee is physically and mentally fit and_ able to perform the duties of his position without hazard to himself, or to his fellow employees , or to Iris own permanent health. 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 Sec- tion 6. 1(a) shall be repaid to the City by the employee. 6. 1(d) Vacation and sick leave shall he accrued and group insurance cover- age 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 temporary disability compensation as set forth in 6. 1(a) for the period of such disability, but not exceeding one ( 1) eyear. 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 neverthe- less, 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 his 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 ,pur- poses. ur-poses. ARTICLE 7 Employee Status 7. 1 Employees will be designated as regular, probationary, or full-time temporary depending upon the purpose for which they ar•e hired and their lehgth 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 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 he 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 continu- ous 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 . 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 7- • • pay, insurance coverage, retirement plan participation or items of a similar nature, nor shall he accrue seniority, or promotion and transfer rights , or leave of absence rights . If a full -time temporary employee is reclassified to probationary status he shall be credited with all continuous service in determining eligibility for such benefits as may accrue to him in his 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 he paid the wage established for their classifica- tion. Upon initial appointment to a classification, an employee shall normal- ly he paid the lowest wage rate for that classification. An employee may, however, he paid a wage rate above the lowest wage rate if circumstances justify it. After thirteen ( 13) full pay periods of employment at salary step ones an employee shall be advanced to salary step two. After twenty-six full pay periods of employment at salary step two, an employee shall he advanced to • salary step three. Atter- .en ;y-sfx-Y,a-1?-•p•a, -p•er- o-cls--o-f--eW-ey ef?-t--a-t .1-a-ry t e p-•t�?,4A�-;-�?- f�,�� 1-cy:�y-s i��>l•�-��--�-d1����-e-c1---�•-s a�a?=bf•-•s•�.Qp-�-t>t�=.�_ Frf--t-�r t-.d e r3 ty-e .,..f4J4 l- �p . L. ��4 r"rec�'r-t? --e;,.,p eP, - •S a-ry S :ep i{3ihi=--a c'ia X31 c 4?E -siia�4. be-advaneeE'-te- saleff-step•-•-4- e: 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 his regular classification, his rate of pay will not be reduced. Attached hereto and made a part hereof is Exhibit A titled "Schedule of Wage Rates." 8. 5 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 his 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. -8- • • • 9.3(a) A workweek is defined to consist of seven (7) consecutive 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 employees who are assigned to shift work, the regular shift shall consist 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 dispatching shall select shift and days off by seniority with the department except as otherwise provided herein. Shifts will be scheduled every three 7-3) months and Mana.demer t wi 1 ! post the schedule i i cc ( 1;?1 days in advance of the schedule ' s schedule ' s effective d te, provided that all affected eilTioyees have submitted shift r'eouests on a timely basis. An employee will not be permitted to remain on a given shift in excess of - --- — �_ _-- -nine (9) consecutive months , onths , and shall spend perd a minimum of three -( ) consecutive months or all shifts within a fifteen 715) month period. Dos 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, assignment made after posting of theshift scnedjle shall not give any employee the right to displace another employee from a shift, days off, e r 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 equivalent 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 scheduled. • 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 overtime 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 his regular hours on a workday continues to work into his regular hours, he shall be paid overtime compensation only for the actual time worked. If an employee performs overtime work immediately following the end of his regular shift, he shall be. paid overtime compensation only for the actual time worked. -9- • • 9.7 Overtime shall he distributed as equally as is practicable among those employees who are qualified end 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. ARTICLE 10 Seniority 10. 1 Seniority is defined as total length of continuous service with the City. In determining an employee's seniority the continuity of his 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) consec- utive 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 iJ 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 determi ned by the City. ARTICLE 12 , Demotion and Layoff 12. 1 When it becomes necessary for the City to lay off regular 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. 12.2 Order of layoff in all cases due to lack of work will be determined by an employee's seniority. 12.3 Regular employees who are laid off will be given preference in filling future vacancies for a period of up to six (6) months, providing they keep the City advised of their current address . 12.4 Notwithstanding the provisions of this Article the City's Director of Labor Relations and the Union 's Business Representative may agree to other procedures during the term of this Memorandum of Understanding. -10- • 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 maximum 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• substantiai 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 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, . he will be reinstated to his former position and working conditions providing that he is capable of performing the duties of his former position, except that if there has been a reduction of forces or his position has been elim- inated during said leave, he will be returned to the position he would be in, . had he 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 his seniority will accrue 13.5 If an employee fails to return immediately on the expiration of his leave of absence or if he accepts other full-time employment while on leave, he will thereby forfeit the leave of absence and terminate his 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 his option and expense, maintain his group insurance coverage providing the full monthly premium is received in the Finance Department of the City 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 a result of exhaustion of sick leave benefits an employ- ee 's mpl oy.-• ee 's group insurance may be maintained for up to three (3) calendar months on • the normal premium-sharing formula, providing the employee pays his share of the premium on a timely basis. ARTICLE 14 Expenses • 14. 1 Whenever an employee uses his personal automobile for the City's convenience, he will be reimbursed therefor at the same rate per mile as established for non-represented City employees. -11- • • 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 hoard 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 conclu- sion and any reasonable expense incurred thereby will be paid by the City. ARTICLE 15 Sick Leave 15. 1 Sick leave with pay shall be accumulated for each regular and probationary employee at the rate of forty- six thousandths ( .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 his duties because of personal -illness , off-duty injury, or confinement for medical treatment; (b) personal medical or dental appointments , which areimpractical 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 sickness or disabil- ity isabil•- ity .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 reasons to submit to a medical examination by a physician or physi- cians approved by the City for the purpose of determining that such employee is physically fit and able to perform the: duties of his former position without hazard to himself, or to his fellow employees , or to his 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, he shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave. 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. -12- • • • • 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, 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 (h) 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" ( ) 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 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 his birthday holiday on his 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. 17.2 Notwithstanding the foregoing, employees may he scheduled to work on holidays, in which event any such employee will , in addition to holiday pay, he compensated therefor at the overtime rate of pay for all time worked on such days. An employee may, however, at his '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 com- pensated for time worked on that day at the overtime rate of pay and shall not receive holiday pay for such day. 13- • • •17, 3 If an employee is in a. non-pay status on both workdays immediately adjacent to the holiday he shall not receive pay for the holiday. ARTICLE 18 Vacations 18. 1(a) Regular and probationary employees of the City shall accrue va- cations 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 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. ) 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 fourteen - (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 tweri-- ty-fourth (624th) full pay period of employment. (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 . 18.2 In each of the first five (5) calendar years , except for the first . calendar year, foilowina his employment date an employee who has used twen- ty-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 -14- • • • 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 calen- dar 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 vacation. An employee ac- quires no right to all or any part of the bonus vacation unless such employee works in the calendar year in which it is granted. eet4ve--J o'1,. 1983.) 18.3 Vacation cannot he accrued while an employee is in a non-pay status, 18. 4 Vacations will he 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 his vacation by requesting less than a full year' s allowance to be scheduled on consecutive workdays, his preferential rights shall only apply on one period in that calendar year prior to all other employees being given consideration ii the selection of their .first choice vacation period. 18.5 The City shall not require an employee to take his 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 unused vacation period previously earned. ARTICLE 19 Uniforms 19. 1 The. uniform allowance of $300.00 $175709 per year is normally paid in July of each year and is for the purpose of maintenance and replacement. of uni forms for the ensuing year. The allowance is not a reimbursement for the- prior year. The first clothirig allowance shall be a prorated amount for that period of time from the employee' s date of employment to the following J,+l v 1. ARTICLE 20 Miscellaneous 20. 1 A regular or probationary employee who is summoned for jury duty and is thus unable to perform his regular duties will be paid for the time lost at his regular rate of pay. 20.2 Any employee, at his request shall he permitted to review his own personnel file. The file may not, however, be removed from the Personnel Office. -15- • • 20.3 An -employee who disagrees with the evaluator's statements or con-- elusions on-- elusioris with respect to the employee. evaluation report shall have the right• to review such evaluation report with the City' s- Rersonnel•-Offi eery Director of Personnel Services : d upon request, shall have the right to have a Union representative present. ARTICLE 21. Employee Benefit Programs 21. 1 - Retirement Plan: All regular and probationary employees are covered by a• State of California Public Employees ' Retirement System program pursuant to an existing contract with the Public Employees ' Reti rement System. The major features are: two percent (2%) at age sixty (60) , normal retirement age sixty (60) , one year's compensation on i n .benefit formula, 1959 Survivors Bene- fits, Post-Retirement Survivors• allowance, credit for unused sick leave and military service credit. . `+he--C-;-t•; iaa--s-- 4x--tree+a-t,--•( °,'t-©f--tA -eraH-o-yee-a' F?E)PI"r!c1i•--C-Oi?�i=r1,�:-oar-te--��!re�-P�t�l-i•E•-t-m��-l-erye�=.�'--_Ret�r:ee�Ent.-Sofa-t:•��-.---Ef eet}ae au}y-33-1983 - The City w43,4 pays the employees.' full cost of .participation in the Public Employees ' Retirement—System. 21.2(a) Group insurance: All regular employees and all probationary employ- ees are eligible to participate in the group insurance 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: 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% payment up to $1500 per person per lifetime 4) Long Term Disability. 5) Vision (employee only minimum available California Vision Service PlanT 21.2(b) 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 reti ree 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 ' groupinsurance premium_ or . improve Public Employees ' Reti rement System benefits during 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 -16- • • i► first six (6) 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. ARTICLE 2.2 Entire Agreement 22. 1 The parties acknowledge that during the negotiations which resulted in this Memorandum of Understanding each had the unlimited right and oppor- tunity 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 opportunityopportunity are set forth in the Memorandum of Understanding.' Therefore, the City and the Union, for the duration of this Memorandum of Understanding, each voluntarily and unqualifiedly waives the right, and each agrees that -the ether 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; ori--c-av-e-r• --i-r,-t.h4-s Fiere>=andum-ef-U!Ndertand4ng r 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 Understanding. ARTICLE 23 Term 23. 1 This Memorandum of Understanding, having taken effect as of the-day and- e-a•i= -f r.st--a•b&v-e--wi-i-t-t•en March 17, 1983, and having thereafter been amended from time to time, shall continue in full force and effect until the first day of July, 19846, 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. Notwithstanding the foregoing, however, either party nay by giving written notification to the other no later than October 1 , 1985 reopen negotiations on the sole subject of the provisions contained in 9.3T1D o, Article 9. Hours and Overtime. --- - - 23.2 Whenever notice is given for changes , the general nature rt 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 supplement- ed 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, -17- • ���� �� IN WITNESS HEREOF, the parties have executed this Memorandum of Understanding as of the day and year first above written. CITY OF REDDING LOCAL 137, GENERAL TEAMSTERS AND WAREHOUSEMEN, CHAUFFEURS AND HELPERS s/ Robert E. Courtney L. Stewart Robert E. Courtney, City Manager Negotiating Committee Member --' Bristow s/ Marie S. Wert James , ----'Personnel Officer Negotiating mmittee Member Bette F. Primrose Bette F. Primrose ----------- ncgntiating Committee Member Director of Services � Charles R. Reynolds Ernest PJ / ��� � �/ �lloas — Charles R. Reynolds Secretary-Treasurer — - Director of Labor Relations . Ed Dodson Ed Dodson -- ---- BuSineSs Agent/Organizer •`lC- ���� ���� �m�r IN WITNESS WHEREOF, the parties have executed amendments to this Memorandum of Understanding this day of December, 1984, to be effective December 30, 1984. CITY OF REDDING LOCAL 137, GENERAL TEAMSTERS AND WAREHOUSEMEN, CHAUFFEURS AND HELPERS Robert E. Courtney, City Manager Negotiating Committee • James G. Bristow, Negotiating Committee Member -- - Director of Personnel Services Bette F. Primrose, Director of Secretary-Treasurer Police Services Division • Charles --- Reynolds - ---- ---------- ---------- -- - Director of Labor Relations _}q~ o . EXHIBIT A CITY OF REDDING EMPLOYEE CLASSIFICATION SCHEDULE AND SALARY PLAN Effective 12-30-84 Step 3 Hourly Pay Rate Monthly SalarL Step Equivalent 1 2 Public Safety Dispatcher $7.49 $7.88 $8.22 $1430 Senior Public Safety Dispatcher 8,63 1502 Effective 6-30-85 Public Safety Dispatcher 7.86 8.27 8.63 1502 Senior Public Safety Dispatcher 9.06 1576 • .c • 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 and may be required to train other Public Safety Dispatchers. • The employee 's back- ground of training and experience shall be such as to qualify the employee to perform the duties with skill , efficiency, tact and diplomacy. Whenever the employee is assigned to supervise the work of other employees for a minimum of two (2) €ebr-E4 hours , the employee ' s basic payrate shall be increased by ten f4ve percent ( 10% 6g) during the time assigned to supervision responsibilities , with a minimum of four (4) hours compensation. SENIOR PUBLIC SAFETY DISPATCHER An employee who is engaged in communications with the public and other-pol ice, fire and medical ems, l oyeesi n 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 snits on duty, performs a wide variety of clerical duties, types letters and police reports , operates CLEFS terminal and CRT, functions as receotionist 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 he able to type at least 45 words ;ger minute and nay be required to train other Public Safety Dispatchers . 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. }Whenever the employee is assigned to supervise the work of other employees for a minimum of t o (2) hours , the employee 's basic payrate shall be increased by ten percent ( 10%)) during the time assigned to supervision responsibi l ities, with a minimum of four (7V) hours compensation. The employee must be fully skiTled ar6fnuallfl:ed f171-57 phases of nubllc satetyJicpa tCTin(i —c lilFtr'iiining of other e_mplo ees as Public Safety DislatcherS and lust maintain Sai(i ;i<.11_HS and qualifications in order to retails the classification. Appointments to le l Senior Public SafetyDispatcherclassification shall be • based upon merit, sThi11 , quilifications , employee evaluations , efficiency, tact, and diplomacy as well as any other appropriat:e criteria as established by the City.