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Home My WebLink AboutRES-91-5495 (MOU/TEAMSTERS 911)"tow 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91- 5495 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 9111 GENERAL, SUPERVISORY, AND ADMINISTRATIVE EMPLOYEESI BARGAINING UNITS. WHEREAS, employees of the City of Hermosa Beach, California represented by the California Teamsters Public, Professional and Medical Employees' Union, Local 911 have elected to meet and confer with the City of Hermosa Beach on matters concerning wages, hours, and working conditions; and, WHEREAS, the above personnel have selected certain individuals to represent them; and, WHEREAS, Employee and Management representatives have jointly negotiated Memoranda of Understanding which have been ratified byll a majority vote of the members of the General, Supervisory, and Administrative Employees' Bargaining Units; and, WHEREAS, The Employee and Management representatives have mutually agreed to recommend that the City Council adopt these Memoranda of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH RESOLVES to enter into Memoranda of Understanding to be effective for the period September 1, 1991 through and including August 31, 1993. BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the sa to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in it2 3 4 5 6 7 8 - 9 -1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the minutes of the meeting at which time same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th day of October 1991. PRE IDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: City_Clerk' APPROVED AS TO FORM: CK G City Attorney STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } CITY OF HERMOSA BEACH } I, Naoma Valdes, Deputy City Clerk of the City Council of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 91-5495 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular meeting of said Council at the regular meeting place thereof on October 08, 1991. The vote was as follows: AYES: Creighton, Essertier, Sheldon, Wiemans, Mayor Midstokke NOES: None ABSTAIN: None ABSENT: None DATED: October 10, 1991 114� Deputy City Clerk sixn DNIKIVouVa IsaaxoadNa 7YEaxao TT6 zYooz 'Koixn saaxozam zvoiaax aim aymoissaaoua ' omana suassxvas vixuoaiuva aHs xa aasxasauaau saaxozaxa uoa sxoisiaxoo oxixuoM aKm 'saoym /40WIN ' SunoH HHS Hsuoa oKissas oxiaxyssuaaxn ao xnammoxax gvmoa K TT6 IMOM 'xoixn a sHHaozaKH ZVoiaaK aNy aymissHaoud ' oIZSna SHRISHmas vIKuoammo atm Hovaa YSONHUH ao xsio HaaHSHa oxiaMsSuaaxn ao xnaxvuoxax £66T 'T£ aSaDaY - T66T 'T uHaNHSaaS T ZZ ONIHSKO xoaHO 8v TZ ONIUVHS SOr LV Oz AKd Knll aUcl 9v 6T SNOISISOd HnOH aaonaau st, 6T ASIUIEVSla Mal 9NOU vtp 6T SNii SOIAuas Oman £ Ii 8T dOHS AONSOK zip 8T ASIAIlOnaoUd T V LT SNaNAOUdNa HSnOA 2iSNNas aNK gvNOSKSS ' aNil Idvd 01V LT AZIASONOZ 6£ 9T aivu sJvM 8 £ 9T sNHO3INn LC 9T SAVa I SNaNaAW[HaEl 9c 5T SAVUI'IOH GC 9T NOISKS02id v £ VT SNOIIVDVA ££ VT 9NINI` HI-SOr-SHZ-NO z £ £T SAIINSONI UVNOIivofiva TC £T NOISKSNsdNOD NOIlVOIdISSV7O xadOxd o £ £T AKd NOIZKOIaISSVUO HHHJIH 6Z £T ASI'IKNOIInSISSN00 8z £T laUXOOS UVNOIsVNU03NI aaAoudNa LZ ZT gVISNaHaddIa IaIHS 9z TT SAvari xois 9Z OT Avd sunoo aNv Avd modax Vz OT sxsxooz £z OT aNii AUOIVSNSdNOD zz 6 aNIMaAO aNV SUnOH TZ 6 aoivad isau Oz 8 sNoiivoI3ISsvuo aNK SNOIidIuosau SOr 6T 8 s saa i► dNm allOH 8T 8 dIHSHaSTn aN dO SONKNaINIVN LT L NOIIVulIquv 9T S SNI'IdIOSIa ao uvaddv/SON`dASI2IO ST S siuva ISM GMV HLLIVaH VT v AIIHOINSS £T v SUHVOS NIISMnS ZT v Nomvis xxoM os sssoov TT £ somox aggvxosysu OT £ Noisonasa zzoxAvd 6 £ SAVaI SAILLVHLSININ(3V SGUVMSSS 8 £ NOIIKNINIHOSIa-NON L z SSHDIH ZNHNHDVNVN 9 T HaAIV14 ' NOISKOIdIQON ' 9NIQNVISHHaNn gUna S T NOIIVINHNaIdNI ao Sdoos v T MiivaNSInIL ooau ' vfufiN £ T NOISIN000dx z T NriaNvuoln ax SHS 01 saiiu`dd T sloyd ZOHrSAs drloial T .Ooftl� ssNalxoo do HURVI 8z 8z 8Z 8z LZ LZ 9z Sz v v v v c z TT IDVUIlOo do WHal Z9 SOIHSS do SaOO 19 SHIGMS HaHlUna 09 SSLIaaN ag HlgVaH do xoiiKf1N iINIOO aNIK AZI'IIOva gv3iaaw Ho HOIDOa SNIHaIOOV gviulsnaNII do HoilaTias 69 Asna Axnr 89 AKd SAV21 I AHVII'I IK L9 aaoAvq do naI'I Ni NIOIZonGau 9s; aaoAvq No'da XHOM OS NI2i uau 99 aaoAvq VS aoxDHOSIa 'NOISNadsnS ' aNIgdIDSla ES sDN iiaaK NIomn/ASID Z9 NIOIIVSNIadNOO GaUHH3aa T5 INEILdaU LaH 09 SNUOM olzsnd aN V SHOIAUHS gVUaN aD Hod ONtIZnaaHOS 6V tag*.\ #02ftlt u MEMORANDUM OF UNDERSTANDING FOR THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 GENERAL EMPLOYEES BARGAINING UNIT ARTICLE 1 - PARTIES TO MEMORANDUM This Memorandum of Understanding, hereinafter referred to as the "MOU" or the "Agreement", has been entered into, pursuant to the laws of the State of California and the City of Hermosa Beach, California, by and between the CITY OF HERMOSA BEACH, hereinafter referred to as the "City" or as "Management", and the CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, hereinafter referred to as the "Union". ARTICLE 2 - RECOGNITION The City recognizes the Union as the exclusive bargaining rep- resentative for all employees who are or become employed in those job classifications contained on Exhibit "A", which is attached hereto and made a part of this Agreement. The parties recognize that this Agreement contains wages, benefits and working condi- tions that pertain only to members of the Union. ARTICLE 3 - MUTUAL RECOMMENDATION This Agreement constitutes a mutual recommendation by the parties to the City Council. This Agreement shall become effective upon approval by the City Council of the City. ARTICLE 4 - SCOPE OF REPRESENTATION The scope of representation of the Union shall include all mat- ters relating to employment conditions and employer-employee relations including wages, hours and other terms and conditions of employment. ARTICLE 5 - FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. B. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein during the term of this agreement. - 1 - C. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained `..O' herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. OM D. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 6 - MANAGEMENT RIGHTS A. It is agreed that during the term of this Agreement herein the exercise of the following powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgement and the discretion in connection therewith, shall be limited only by the specific and express terms of this Memorandum of Understanding, City Personnel Ordinance, Personnel Rules and Regulations, and other statutory law. B. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of managements rights shall impact on em- ployees of the bargaining unit, the City agrees to meet and con- fer with representatives of the Union, regarding the impact of the exercise of such rights unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. C. MANAGEMENT RIGHTS 1. Manage the City. 2. Schedule working hours. 3. Establish, modify or change work schedules or standards. 4. Institute changes in procedures. 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee. 6. Determine the location of any new facilities, building, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof. 7. Determine services to be rendered. 8. Determine the layout of buildings and equipment and materials to be used herein. 9. Determine processes, techniques, methods and means of performing services. 10. Determine the size, character and use of inventories. 11. Determine the financial policy including accounting procedures 12. Determine the administrative organization of the system. 13. Determine selection, promotion, or transfer of employees. 14. Determine the size and characteristics of the work force. 15. Determine the allocation and assignment of work to employees. 16. Determine policy affecting the selection of new - 2 - employees. 17. Determine the establishment of quality and quantity standards and the judgement of quality and quantity of work required. 18. Determine administration of discipline. 19. Determine control and use of City property, materials and equipment. 20. Schedule work periods and determine the number and duration of work periods 21. Establish, modify, eliminate or enforce rules and regulations. 22. Place work with outside firms. 23. Determine the kinds and numbers of personnel necessary. 24. Determine the methods and means by which operations are to be conducted. 25. Require employees, where necessary, to take in-service training courses during working hours. 26. Determine duties to be included in any job classifications. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any and all necessary action to carry out the mission of the City in cases of an emergency. ARTICLE 7 - NON-DISCRIMINATION The City shall not discriminate against any employee because of race, color, age, creed, national origin, sex, handicap, medical condition, martial status, or union activities in any matter. ARTICLE 8 - STEWARDS ADMINISTRATIVE LEAVE A. The City shall provide a total of eight (8) hours per year per steward for use in attending employer-employee related semi- nars, conferences, etc., with the concurrence of the Personnel Department. The number of stewards to make use of this clause is one steward per group (Administrative, Supervisory and General) and the Chief Steward. B. The Union will provide the City with a written list of stew- ards upon request by the City. ARTICLE 9 - PAYROLL DEDUCTION It is mutually agreed that the City will, during the term of this Agreement, deduct monies and remit to the Union as authorized by employee Payroll Deduction Authorization a deduction for dues, providing there is not more than one deduction per pay period. ARTICLE 10 - REASONABLE NOTICE It is mutually understood and agreed that a copy of the City Council and/or Civil Service Board Agenda for each meeting mailed \%WOW (via the United States postal service) to each authorized rep- resentative of the recognized employee organization shall con- stitute reasonable written notice, and notice of an opportunity - 3 - to meet with such agencies, on all matters within the scope of representation upon which the City Council or Civil Service Board ' may act. ARTICLE 11 - ACCESS TO WORK STATION The City agrees to grant official representatives of the Union the access and right to discuss any grievance or problem arising under the terms of this Agreement with any employee during work- ing hours. It is agreed that there will be as little inter- ference as possible by the Union Business Representative or Shop Steward during the working hours of said employee and efforts will be made to minimize work time spent by either the Shop Stew- ard or employee. It is agreed that the Chief Shop Steward shall be permitted to conduct a reasonable amount of Union business regarding grievances/appeals during working hours (such time to be logged) without loss of pay and that the Union may use City facilities to conduct meetings when such facilities are available. ARTICLE 12 - BULLETIN BOARDS Through a Letter of Agreement, the City and Union agree to specifically prescribe the location of a reasonable number of bulletin board locations where the recreational, health and wel- fare, social affairs, notices of meetings or elections and ap- pointments and results of elections. The posting of any other classes of notices or the distribution of any written or printed notices, cards, pamphlets or literature of any kind at City work stations or premises is prohibited without the prior permission of the City Manager or an authorized departmental management official. ARTICLE 13 - SENIORITY A. Seniority shall be the determining factor in all acting ap- pointments, promotions, and transfers within the unit. Seniority as herein applied shall be defined as the last date of hire with the City, and as applied shall consist of the following factors: 1. Qualifications and Ability 2. Physical Fitness 3. Length of Continuous Service B. When 1 and 2 are relatively equal, length of continuous ser- vice shall govern. C. This principle of seniority shall not apply to any employee with less than one (1) year of continuous service with the City or with less than six (6) months of service in his most recent job classification. D. Seniority shall be terminated by discharge or other termina- tion of employment (except in cases of layoff). - 4 - ARTICLE 14 - HEALTH AND WELFARE A. The City will have full responsibility for all Health and Welfare programs enacted or enforced as of September 1, 1988. B. Current Health, Dental, Long Term Disability, Vision, Psy- chological Health, or their equivalent, to remain in force during the life of this Memorandum. City shall meet and confer should there be a change in providers or a change in benefit level. C. Effective September 1, 1991 employees covered under this agreement will be responsible for the current co -pay amounts in effect for the HMO and Indemnity Medical coverages. D. Effective December 1, 1991 the HMO Medical coverage may be changed by the City to require a co -pay amount for office visits of up to $7.00 per visit. E. City shall provide a life insurance policy for each employee, payable in the amount of $20,000 upon such employee's death. F. The City will pay for employees' Long Term Disability and Life Insurance, the employee and one dependent for health in- surance and full family coverage for dental and mental health care. The full cost of the Vision Plan shall be borne by the employee. G. The City and Union mutually recognize the need to maintain existing cost-containment measures and to continue to control health insurance costs. Toward that end, the City and Union agree to establish an "Insurance Review" committee which shall meet prior to each benefit renewal year to evaluate and recommend renewal coverages. ARTICLE 15 - GRIEVANCES/APPEAL OF DISCIPLINE A. Purpose of Grievance/Appeal Procedures: 1. To promote improved employer-employee relations by es- tablishing procedures on matters. 2. To provide that grievances/appeals shall be settled as near as possible to the point of origin. 3. To provide that the grievance/appeal procedures shall be as informal as possible. B. A "Grievance" shall be defined as a controversy between the City and the Union or an employee or employees covered by this agreement. Such controversy must pertain to any of the following: `••r 1. Any matter involving the application of any provision of this agreement; or =4= Eon 11 . 2. Any matter involving the violations of any provision or intent of this agreement; or 3. Any matter that affects the working conditions of the employee or the application of all rules, regulations, policies and/or laws affecting the employees covered by this agreement. C. An Appeal of Discipline is distinct from a Grievance in that it is an action taken by an employee to request an administrative review of disciplinary action initiated against him or her. D. There shall be an earnest effort on the part of both parties to settle grievances/appeals promptly through the steps listed below. Grievances/appeals must be processed with Union participation. E. STEP 1 grievance - An employee's Grievance/Appeal must be submitted in writing by the employee fully stating the facts sur- rounding the Grievance/Appeal and detailing the specific provi- sions of this agreement alleged to have been violated, and pres- ented to the first line supervisor or management representative immediately in charge of the aggrieved/disciplined employee within fifteen (15) calendar days after the employee could have been reasonably expected to have had knowledge. The supervisor or management representative shall reply to the employee by the end of the fifteenth (15th) calendar day following the presenta- tion of the grievance/appeal and the giving of such answer will terminate Step 1. F. STEP 2 - If the grievance/appeal is not settled in Step 1, the grievance/appeal will be presented to the Department Director (or, in the case of an appeal of a disciplinary action initiated by a Department Director or where the Department Director par- ticipated in the decision to administer discipline, to the Per- sonnel Director) within ten (10) calendar days after termination of Step 1. Appeals of written reprimands shall be presented to the Personnel Director. A meeting with the employee, shop stew- ard and Department Director/Personnel Director (or designee) will be arranged at a mutually agreeable location and time to review and discuss the grievance/appeal. Such meeting will take place within ten (10) calendar days from the date the grievance/appeal is received by the Department Director/Personnel Director (or designee). The Department Director/Personnel Director (or desig- nee) may invite other members of management to be present at such meeting. The Department Director/Personnel Director (or desig- nee) will give a written reply by the end of the seventh (7th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2. G. An appeal of Discipline in the form of a Written Notice shall not be continued beyond the second step. H. In the case of an appeal of discipline in the form of a writ- ten reprimand, if the appeal is not resolved to the satisfaction of the disciplined employee, the employee may request the matter be submitted to a mediator who is a member of the State of Cal- ifornia Mediation Service. Any such request for mediation shall `..O' be made within 7 calendar days of the conclusion of Step 2 of the Appeal process. Following mediation, any determination regarding the written reprimand shall be final and no further appeal shall be allowed. I. STEP 3 - If the grievance/appeal is not settled in Step 21 it shall be submitted to the City Manager. The Union Representative and City Manager or his designee shall, within seven (7) calendar days after the termination of Step 2, arrange a meeting to be held at a mutually agreeable location and time to review and dis- cuss the grievance/appeal. Such meeting will take place within ten (10) calendar days from the date the grievance/appeal is re- ferred to Step 3. A decision shall be rendered within seven (7) calendar days from the date of such meeting. The decision shall be in writing. The giving of such reply will terminate Step 3. J. Time limits as set forth above for each of the steps may be extended by mutual agreement between the parties but neither par- ty shall be required to so agree. K. In the event the Union calls witnesses that must be excused from work, the City agrees to excuse same in a paid status. The parties agree that in the event the Union member or the Union fail to comply with the time limits contained herein, such failure constitutes a waiver of the right to prosecute the Iftwo, grievance/appeal; it is further agreed that in the event the City or its representatives fail to comply with the prescribed time limits, such failure constitutes an agreement to concur with the grievant's/appellant's position and remedy. L. It is not intended that the grievance procedure be used to effect changes in the established salary and fringe benefits. ARTICLE 16 - ARBITRATION A. Grievances/Appeals which are not settled pursuant to the Grievance/Appeal procedure herein and which either party desires to contest further, shall be submitted to arbitration as provided in this Article provided however that said request for Arbitra- tion shall be made within twenty (20) calendar days of the con- clusion of Step 3 of the Grievance/Appeal procedure. B. As soon as possible and in any event not later than fourteen (14) calendar days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said fourteen (14) calendar days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the Federal Media- tion and Conciliation Service by alternate striking of names un- til one name remains. The party who strikes the first name from the panel shall be determined by lot. C. Either the City or the Union may call any employee as a wit- ness, and the City agrees to release said witness from work if he - 7 - is on duty. If an employee witness is called by the City, the City will reimburse him for time lost; if called by the Union, the Union may pay the expense. D. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other. E. The decision of the arbitrator within the limits herein pre- scribed shall be final and binding upon the parties to the dispute. F. The mutual decision of the parties and/or the arbitrator in any dispute shall be the final and binding decision on all parties and there shall not be any appeal to another board, au- thority, commission and/or agency for it is the intent of this Agreement to supplant the Civil Service (Personnel Board) hearing and appeal system with the provisions of this Article. G. The arbitrator may hear and determine only one grievance/ appeal at a time without the express agreement of the City and the Union. The parties shall share equally the expense of the cost of the arbitration, with the exception of counsel's fees. ARTICLE 17 - MAINTENANCE OF MEMBERSHIP `4=W All employees who are members or who have made application for membership as of July 1, 1978, and employees who thereafter be- come members shall remain as members in good standing of the Union as a condition of employment for the term of this Agree- ment. It is agreed that for the term of this Agreement no other employee organization may seek representation nor may the City recognize another employee organization or petition for an election. ARTICLE 18 - HOLD HARMLESS The Union, through the use of its legal staff, will defend the City against any lawsuits brought about because of the provisions of Article 17. ARTICLE 19 - JOB DESCRIPTIONS AND CLASSIFICATIONS A. City and union reaffirm their mutual intent to regularly re- view job descriptions and formal class specifications. B. During the term of this agreement the City agrees to conduct a reclassification study for the following positions: 1. Technical Aide with computer premium 2. Clerk Typist - Detective Bureau C. It is further agreed that when a class specification is cre- ated or revised, the City and Union will meet and attempt to reach agreement on the proposed classification, pay and job description. ARTICLE 20 - REST PERIOD A. Employees shall be allowed a 15 -minute rest period in accor- dance with departmental rules during each half of the regular workday or regular work shift. 1. These rest periods will not be taken at the beginning or end of either half of the regular workday or workshift. 2. Rest periods may not be accumulated, nor shall such rest periods have any monetary value if unused. 3. Breaks must be taken on the work site or at a City facili- ty although it is recognized that purchases may be made in the vicinity during the rest period. ARTICLE 21 - HOURS AND OVERTIME A. For FLSA purposes a "WORK -WEEK" shall be defined as: 1. For employees working a 5/40 or 4/40 schedule: commencing at 0001 hrs. SUNDAY and terminating at 2400 hrs. SATURDAY. 2. For employees working a 9/80 schedule: commencing 1101 � hrs. Friday and terminating the following Friday at 1100 hrs. B. The City agrees to pay all Union members time and one-half (1-1/2) their regular rate of pay for all hours worked in excess of their regularly scheduled work day or their regularly scheduled work week. C. In determining an employee's eligibility for overtime compen- sation in a work day, paid leaves of absence and unpaid leaves of absence shall be excluded from the total hours worked (this does not apply for mandatory overtime where the employee receives less than twelve (12) hours notice). For this purpose, paid leaves of absence and unpaid leaves of absence include: 1. "A" Time 2. Sick Leave 3. Jury Duty 4. Military Leave D. The City and Union agree that employees covered by this agreement who are subject to the bi-annual daylight savings time changes will not be eligible for compensation or be subject to loss of paid time because of the change in hours. E. It is agreed that all employees covered by this Agreement shall be paid one and one-half (1-1/2) times their regular rate ,%or, of pay for all hours worked on holidays in addition to their regular straight time rate of pay (the effect of this is to pay two and one-half (2-1/2) times the regular rate of pay). The parties further agree that any employee may elect to accrue com- pensatory time off at the rate of one and one-half (1-1/2) times �..1 the hours worked on holidays in addition to their regular straight time rate of pay, providing that they notify the City in writing prior to the conclusion of the pay period in which the holiday falls. F. If a holiday falls on the employees regularly scheduled day off, the employee shall receive credit for either their straight time rate of pay or compensatory time credited to their Holiday - Comp accrual account. If an employee is required to work in an overtime situation on a Holiday, the employee shall receive two and one-half times their regular rate of pay for all hours actu- ally worked on that day. ARTICLE 22 - COMPENSATORY TIME A. In lieu of pay, compensatory time may be earned at a rate of one and one-half times the actual hours worked in an overtime situation. Said compensatory time may be accrued to a maximum of one -hundred (100) hours with an automatic cash -out of any overage as a part of the regular payroll process. B. In a holiday situation, compensatory time can be earned as indicated in Article 21 and can be accrued up to 100 hours with an automatic cash out of any overage. C. Separate accrual banks shall be maintained for each type of compensatory time. D. The granting of requests for compensatory time off shall not be unreasonably withheld and shall be made in accordance with departmental policies. ARTICLE 23 - LOCKERS Consistent with past practice, City agrees to continue to provide lockers to employees covered by this Agreement, who are required to report to duty in uniform, for the purpose of storing and securing personal property; employees accept responsibility for the cleanliness of said lockers. ARTICLE 24 - REPORT PAY AND COURT PAY A. Report pay is that pay for all time worked, or reported to work, after the employee, having completed his last regular scheduled shift, left the work location and is requested to re- port to work from their domicile. Report pay shall be equally distributed per department and not per section, if the emergency is not of a specific nature, providing the employee is qualified. Each Department shall establish a uniform "CALL -OUT" policy and procedure for emergencies. The policy shall include, but not be limited to: (1) Equal distribution for call -outs of qualified employees, and (2) establishment of voluntary call -out lists. It is understood that any employee who declines a "call -out" will be - 10 - removed from the voluntary list and will not be eligible for re- placement on that list for a period of six (6) months. B. It is agreed that all employees shall receive either a mini- mum of four (4) hours report pay/accrued compensatory time or time and one-half (1-1/2) in pay or accrued compensatory time, whichever is greater, for any and all call outs. Such pay received shall be considered as full compensation for said call - out and shall not be considered as hours worked for calculation of FLSA overtime. C. It is further agreed that all employees subpoenaed to court while on an off-duty status shall receive either a minimum of three (3) hours pay/accrued compensatory time or time and one- half (1-1/2) for actual hours spent in court, whichever is greater. Such pay received shall be considered as full compensa- tion for time so spent and shall not be considered as hours worked for calculation of FLSA overtime. ARTICLE 25 - SICK LEAVE A. Sick leave shall be used only in case of sickness or dis- ability of the employee or in the case of serious illness or death within the immediate family. Misuse of sick leave shall be grounds for disciplinary action. B. To receive compensation while absent on sick leave, employees *ftw" shall notify the City per their Department's policy. C. When absence is for more than three (3) consecutive working days, the City may require that the reason for the leave be verified by a written statement from an attending physician stat- ing the cause of absence. The employee shall furnish any other proof of sickness reasonably required by the City. D. Employees shall accrue sick leave at the rate of six hours per month. All employees will be paid for the first day sick provided however, newly hired employees (initial employment with City) shall accrue, but not have use of paid sick leave during their probationary period. E. Each year eligible, all employees shall cash in 100% of all unused sick days earned from December 1 to November 30 of the current year. This cash out is to be paid to the employee on the second pay day in December. Provided however, in lieu of cash out employees may convert 100% of their sick time, in excess of one -hundred seventy-six (176) hours, to vacation time. All em- ployees shall maintain a balance to one -hundred seventy-six (176) hours to be eligible for any cash out. F. All employees with a balance of one -hundred seventy-six (176) hours, may annually cash in an additional fifty (50) hours ac- crued sick leave at 100%. The annual date shall be the em- 11MW1 ployee's choice. G. All employees with five (5) years or more service shall be paid one-half (1/2) of all sick hours at their current rate upon termination of employment. H. Final Year Cash -In 1. Upon eligibility for service retirement, an employee covered by this agreement may declare their intention to service retire twelve (12) months in advance of their service retirement date. 2. Upon this declaration of intent to retire, the employee may elect to receive the cash value of their monthly sick leave accrual (6 hours per month) included as part of their base month- ly salary in lieu of receiving further sick leave accrual. Said cash value shall be determined at the employee's current rate of pay. 3. At no time shall this additional compensation so received act in any way to increase any other premium pays (e.g. longevi- ty, etc.) which are computed as a percentage of base pay, nor shall the cash value of said sick leave be included in the com- putation of the value of any accrual cash -outs. 4. The intent of this Article 25(H) is to increase the em- ployee's final year compensation for the calculation of service retirement benefits under the P.E.R.S. 4=00' ARTICLE 26 - SHIFT DIFFERENTIAL A. All employees covered by this agreement working the swing shift shall receive fifty-one cents (.51) per hour shift dif- ferential pay. All employees working the night shift shall receive sixty-one cents (.61) per hour shift differential pay. B. It is agreed, that for the purpose of determining eligibility for shift differential, the swing shift commences at 3:00 P.M., and the night shift commences at 11:00 P.M. In order to be eligible for shift premium, the assigned shift must have four (4) or more hours after commencement of the shift for which the mem- ber claims shift differential pay. Any employee who is compen- sated at the rate of one and one-half times their regular rate of pay shall not be eligible for shift differential (except for Holidays worked as a part of the employee's regular schedule). C. POLICE DEPARTMENT 1. It is agreed that in the Police Department the Services, and Dispatch personnel working any shift shall be paid during their lunch break and rest period, subject to recall to work at any time should the need arise. 2. Lunch breaks shall be taken as close as possible to the `•' middle of the regular work shift. Rest periods shall be taken during each half of the regular work shift. Lunch breaks and rest periods shall be subject to the following conditions: - 12 - N"Sw` ,..✓ a. They shall not be taken at the beginning or end of either half of the regular work shift. b. They shall not be accumulated nor shall they have any monetary value if unused. c. They must be taken on the work site or within the Police Department facility although it is recognized that pur- chases may be made in the vicinity. 3. It is further agreed that supervisors shall make every ef- fort to insure that the employee receives said rest periods and lunch breaks. ARTICLE 27 - EMPLOYEE INFORMATIONAL BOOKLET A. Each department shall provide the employees working within that department an information sheet defining department rules and procedures for use of sick leave, vacation, paid time off, etc. ARTICLE 28 - CONSTITUTIONALITY If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be illegal or unconstitution- al, such decision shall not affect the validity of the remaining portion of this Agreement. The Union, through the use of its legal staff, will defend the City against any lawsuits brought about or due to any item of this Agreement. It is understood that the City will not have to pay any of the costs of defense of this Agreement. ARTICLE 29 - HIGHER CLASSIFICATION PAY Employees covered by this Agreement who are temporarily assigned to a higher classification because of emergency conditions, sick leave, vacation and/or relief shall receive the higher rate of pay commencing with the eleventh (11th) consecutive day of such assignment. ARTICLE 30 - PROPER CLASSIFICATION COMPENSATION Upon promotion, step increases shall be calculated based on the anniversary date of the promotion. ARTICLE 31 - EDUCATIONAL INCENTIVE A. The City agrees that Union members who desire to enroll in training and academic courses that may provide the employee with general or specific skills and/or knowledge that contributes to their ability to perform their current position or enhances pro- motional opportunities, shall have their course fees, books, materials and tuitions (up to CSU rates) paid by the City in ad- vance subject to the approval of the City Manager. The employee will reimburse the City for all expenses if the employee fails or does not complete the said courses or if the employee leaves - 13 - City employment during the semester they are enrolled and received payment. B. City shall pay a one time bonus of $300/certificate/person for holders of International Conference of Building Officials Certificates; said bonus paid for each such Certificate commenc- ing with the second one; Certificates eligible for bonus are: Building Inspector Plumbing Inspector Combination Inspector Uniform Fire Code Electrical Inspector Mechanical Inspector Plans Examiner Rehabilitation/ Conservation Inspector ARTICLE 32 - ON -THE -JOB -TRAINING The City will make available on -the -job -training to those em- ployees who exhibit a need and the motivation for such training. Employees desiring such training shall make a written request to their Department's Director. ARTICLE 33 - VACATIONS A. It is agreed that all employees covered by this Agreement shall accrue vacation as follows: B. *For initial new hires, there shall be no accrual of vacation during the twelve (12) months of probationary service. Commenc- ing with the thirteenth (13th) full month of service, the em- ployee shall be credited with forty-eight (48) hours of Vacation and shall commence accruing at the rate indicated above. C. No current employee shall have an accrual rate less than the rate in effect as of August 30, 1988. D. All employees may cash in one-half (1/2) of days accumulated in one year upon utilization of one-half (1/2) of days accrued during that year. E. Vacation may be accrued up to a thirty (30) month accrual level, with an automatic cash out for hours above that amount. F. Retirement Conversion of Vacation Accrual 1. Upon eligibility for service retirement, an employee covered by this agreement may declare their intention to service - 14 - Years of Service Accrued Per Year *4MV * Probation Period 1st Year 48 hour Award Commencing with 2nd Year 80 hours to it 4th Year 96 hours if " 6th Year 112 hours to " 10th Year 128 hours " 14th Year 144 hours to " 18th Year 160 hours B. *For initial new hires, there shall be no accrual of vacation during the twelve (12) months of probationary service. Commenc- ing with the thirteenth (13th) full month of service, the em- ployee shall be credited with forty-eight (48) hours of Vacation and shall commence accruing at the rate indicated above. C. No current employee shall have an accrual rate less than the rate in effect as of August 30, 1988. D. All employees may cash in one-half (1/2) of days accumulated in one year upon utilization of one-half (1/2) of days accrued during that year. E. Vacation may be accrued up to a thirty (30) month accrual level, with an automatic cash out for hours above that amount. F. Retirement Conversion of Vacation Accrual 1. Upon eligibility for service retirement, an employee covered by this agreement may declare their intention to service - 14 - retire twelve (12) months in advance of their service retirement date. 2. Upon this declaration of intent to retire, the employee may elect to receive the cash value of their monthly vacation accrual included as part of their base monthly salary in lieu of receiving further vacation accrual. Said cash value shall be determined at the employee's current rate of pay. 3. At no time shall this additional compensation so received act in any way to increase any other premium pays (e.g. Longevi- ty, etc.) which are computed as a percentage of base pay, nor shall the cash value of said vacation accrual be included in the computation of the value of any accrual cash -outs. 4. The intent of this Article is to increase the employee's final year compensation for the calculation of Service retirement benefit under the P.E.R.S. ARTICLE 34 - PROBATION A. All employees covered by this agreement shall have a proba- tionary period of twelve (12) months (not subject to extension). Upon completion of the probation the employee shall be given a step salary advancement. B. Probationary employees, whether new hires or promotional, shall be formally evaluated every three (3) months. C. All new hires may make application for Union membership as of their date of employment with the City. The City will notify the union in writing of all new hires. ARTICLE 35 - HOLIDAYS A. All employees covered by this agreement working the 5/40 schedule shall receive the following holidays to be scheduled per the attached Exhibit "D". New Year's Day; Martin Luther King, Jr.'s Birthday; President's Day; Memorial Day'; Independence day; Labor Day; Veterans Day; Thanksgiving Day; Thanksgiving Friday; Christmas Eve (5 hours); Christmas day; New Years Eve (5 hours). B. All employees covered by this agreement working the 4/40 schedule shall receive the following holidays to be scheduled per the attached Exhibit 11D111. New Year's Day; Martin Luther King, Jr's Birthday; President's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Christmas Day. C. All employees covered by this agreement working a 9/80 `••' schedule shall receive ninety (90) hours of Holiday time per cal- endar year. The 9/80 holiday schedule for "A" shift and "B" shift is attached as Exhibit 11D211. - 15 - ARTICLE 36 - BEREAVEMENT LEAVE '•.•� Each employee covered by this agreement shall receive a maximum of three (3) days per calendar year to be utilized for Bereave- ment Leave because of a death in their immediate family. Immedi- ate family shall mean and include only the employee's spouse, children, stepchildren, parents, spouse's parents, brothers and sisters. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. ARTICLE 37 - UNIFORMS A. The City shall continue to provide uniforms to all Union mem- bers in the Public Works Department in accordance with past practice. B. All Union members assigned to work in the Police and General Services Departments, who are either required to work in uniform or maintain a serviceable uniform, shall be provided with the department prescribed initial clothing necessary to perform their assignment, including shoes and jacket. C. After the employee has twelve (12) months of continuous ser- vice, the City shall then provide $18.75 per month for the pur- pose of uniform maintenance and replacement. D. Uniforms shall be worn and maintained in conformance with established department standards. E. It is acknowledged that General Services Officers shall not receive a uniform allowance until February 1992 as a result of the mutual agreement previously reached regarding change in uniform. ARTICLE 38 - WAGE RATE A. Effective September 1, 1991 the wage rates shall be as described in Exhibit "A". The increase effective September 1, 1991 shall be 2% for all classes with equity adjustment for the following classes: Assistant Planner - 3.5%; Building Inspector - 1.5%; Equipment Mechanic - 5%; Sweeper Operator - 5%. B. Effective March 1, 1992, all salary ranges shall be increased by 3% at the top step (Exhibit "All'). C. The City and Union shall meet and confer to establish a wage increase, if any, for the period September 1, 1992 through August 31, 1993. 1. The City and representatives of the General Employees' Bargaining Unit agree to study, prior to meet and confer regard- ing any wage increase, classifications covered by this agreement, including, but not limited to, the classifications of: Main- tenance I; Maintenance II; Sweeper Operator; Equipment Mechanic; Custodian; Police Service Officer; and General Services Officer. - 16 - \%.W' 2. Nothing herein shall require the City to make any salary adjustment as a result of the above study. D. The City and the Union agree that salary steps for all clas- sifications are "A" through "E", each step to be one (1) year apart. Merit increases shall be effective at the beginning of the next pay period following the employee's anniversary of their date of hire (1st or 16th of the month). E. Generally, initial appointments shall be made at the "A" step. Upon the recommendation of the Department Director, ap- pointment may be made at a higher step. F. All employees shall be eligible for advancement through the steps based on merit. In cases of exceptional merit, and upon the recommendation of the Department Director, an employee may, with the approval of the City Manager, be advanced a step within the salary range at other than one year intervals. Such advance- ment shall establish a new anniversary date for future advancements. E. The Union and City agree to the concept that all employees covered by this agreement should receive a performance review at least annually. ARTICLE 39 - LONGEVITY A. Employees hired prior to August 1, 1983 will continue to receive longevity pay. B. Effective July 1, 1985 employees classified as "secretary" shall cease to be eligible for longevity pay. This will not af- fect any longevity pay earned prior to July 1, 1985. ARTICLE 40 - PART TIME, SEASONAL AND SUMMER YOUTH EMPLOYMENT A. Part time employees may be hired on an "as needed" basis for a maximum of six (6) consecutive months. Said employees shall receive no benefits. The Union will be informed in writing by the Personnel Department of all part-time temporary employees. The hiring of part-time employees is subject to the grievance procedure. The Union shall be advised prior to any extension of a temporary appointment beyond six months. B. Seasonal workers for the General Services Department may be hired for the period from May 1 through September 15 of each year. Such employees shall be paid on an hourly basis with no benefits. Seasonal workers may work forty (40) hours per week. Seasonal workers duties are restricted to parking enforcement, booth attendant and clerk typist duties. C. Summer youths may be hired on a city-wide department basis at thirty-nine (39) hours per week for the period from June 15 `✓ through September 15th. - 17 - D. Facility Aides/Theater Technicians in the Community Resources Department will generally work twenty (20) hours per week. There `ftwp' are no maximum months of employment. Said employees shall receive no benefits. The Union shall be informed in writing by the Personnel Department of appointments. E. Employment of participants in programs that involve disabled, seniors, etc., will be limited by the guidelines of the particu- lar program. F. Generally, the intern program shall have a maximum employment period of two (2) years. ARTICLE 41 - PRODUCTIVITY The City and the Union mutually agree to continually seek means of increasing productivity among the several City departments. ARTICLE 42 - AGENCY SHOP In conformance with Clauses 18 and 19 and consistent with AB 1966, City and Union agree to the following Agency Shop clause: A. ELIGIBILITY 1. All employees who are 911 members in good standing or who have made application for membership as of July 1, 1978, and em - ,&WV, ployees who thereafter become members shall remain as members in good standing of the Union as a condition of employment. 2. Employees hired after January 1, 1982, shall either join 911 as a full member or pay an appropriate service fee to offset 911 meet and confer expenses only upon completion of their proba- tion period or six months consecutive service, whichever shall occur first. B. APPLICABILITY 1. For the term of this agreement. C. RELIGIOUS EXEMPTION 1. An employee may, through completion of a Religious Exemp- tion Statement be relieved from either joining 911 or paying the established service fee. D. SERVICE FEE 1. In lieu of joining 911, any employee hired after January 1, 1982, may, in lieu of such membership pay a service fee equal to two-thirds (2/3) of the monthly dues rate to compensate 911 for meet and confer representing expenses. Said fee to be paid through payroll deductions. - 18 - E. ENFORCEMENT 1. Consistent with Article 19 of this MOU, Union shall be le- gally responsible for enforcement of this Article. F. NOTIFICATION 1. The City and Union shall jointly notify all members of the representation unit that they are required to pay dues or a ser- vice fee as a condition of continued employment and that such amounts will be automatically deducted from their paychecks. The religious exclusion will also be explained. The cost of this communication and the responsibility for its distribution shall be borne by Management. ARTICLE 43 - PUBLIC SERVICE TIME The Union will chair the annual Red Cross and United Way campaigns. ARTICLE 44 - LONG TERM DISABILITY An employee utilizing the Long Term Disability Plan shall not accrue vacation, sick leave, holiday pay or allowances after the 30th calendar day after disability. ARTICLE 45 - REDUCED HOUR POSITIONS A. Subject to Civil Service hiring requirements, City may hire employees in permanent positions of at least twenty (20) hours/ week but less than 40 hours/week; such positions are subject to the provisions of this Memorandum of Understanding provided however that City paid Medical and Dental premiums shall cover the employee only. These employees shall have their pay calcu- lated on an hourly basis and shall accrue vacation/holiday/sick leave proportional to regular hours worked. Said employees are subject to the Agency shop clause. B. Completion of a probationary period in a position of at least 20 (30) hours/week is applicable to any/all such positions; seniority shall accrue from date of appointment regardless of hours worked (at least TWENTY (20) hours/week and up to forty (40 ) hours/week) . C. Appointments to "Reduced Hours Positions" shall be processed on a Personnel Action form which shall designate the number of hours to be worked. There shall be an annual review of the average hours worked. D. Employees in "Reduced Hours Positions" shall be given consid- eration for all full time positions before consideration of other hiring to fill full time positions. - 19 - E. City may create such positions; employees may volunteer to occupy such positions. No permanent forty (40) hour employee may be required to accept a less hours/week position. ARTICLE 46 -,PREMIUM PAY A. Senior Clerk Typist Premium 1. An employee who is classified as Clerk Typist and meets the requirements for "Senior Clerk Typist" premium pay as deter- mined by their department head shall receive premium pay at the rate of 10% of the base salary. Said premium, being compensation for regular and continuing duties, shall be included in all sick leave up to and including ten consecutive days, vacation leave, vacation cash -out, holidays and shall be subject to PERS. Such action will be formalized by a personnel action. 2. Clerk Typists will be eligible for premium pay when in the course of their duties they perform the following additional tasks: a. Must independently compose correspondence and memos in response to complaints, informational matters, inquiries, etc.; have authorization to sign said material without review. b. Must work with the public in receiving complaints and in- quires, on the telephone and/or at the counter and attempt to S%WW, resolve problems and provide information independently except in extraordinary circumstances. Must have the ability to obtain necessary information and get back to the party with appropriate satisfaction. c. Must be proficient in the department's word processing. d. Must type fifty (50) W.P.M. 3. Application will be made to the individual's immediate supervisor who will verify that the employee satisfactorily per- forms these additional tasks and is eligible for Senior Clerk Typist premium. The approval of the Department Director and the Personnel Director is required. 4. Premium pay will be effective commencing with the next regularly scheduled pay period following approval. B. Technical Aide/Systems Assistant Premium: 1. Those employees classified as Technical Aides shall be eligible for premium pay according to the following schedule: a. 5% upon completion of 400 hours of duties listed in "Exhibit B" and completion of a Hewlett Packard "Computer Operator" class; b. 5% above the first premium pay increment - 20 - on `VMV/ upon completion of 700 hours of duties listed in "Exhibit B"; c. 5% in premium pay upon completion of 1000 hours of duties per Exhibit B and upon com- pletion of a "Systems Manager" course. 2. An employee may be assigned as Systems Assistant to pro- vide back-up support for the Police Records Administrator/System Manager and shall be eligible for premium pay according to the following schedule: a. 5% upon assignment of the duties as described on the attached "Exhibit C"; b. 5% above the first premium increment upon comple- tion of a general systems operator class and completion of 700 hours of duties listed on the attached "exhibit C"; c. 5% above the second premium upon completion of a systems manager course selected and approved by the department and completion of 1000 hours of duties listed on the attached "exhibit "C". 3. Pursuant to Article 32 of the M.O.U., the City agrees to allow for the obtaining of a certificate or degree in computer science. 4. All time claimed for eligibility for premium pay shall be logged in by the employee; said log to be provided by the City. The employee shall apply for said premium. Department Head and Personnel Director approval is required. C. Police Service Training Officer Premium (P.S.T.O.) Public Safety Dispatch Training Officer (P.S.D.T.O.) Premium 1. Police Service Officers and Public Safety Dispatchers who have been certified as Police Service Training Officers (P.S.T.O.), or Public Safety Dispatcher Training Officers as determined by the department, shall be eligible for P.S.T.O. or P.S.D.T.O. Premium Pay in the amount of $7.50 for each shift so assigned training duties. 2. Eligibility for compensation as a P.S.T.O. shall be anno- tated by way of an exception slip and paid as part of the regular payroll process. ARTICLE 47 - JOB SHARING Subject to Civil Service hiring requirements, City may allow em- ployees to job share one permanent position on a voluntary basis. Such positions are subject to the provisions of this Memorandum of Understanding provided however that the City paid health and dental premiums or equivalent thereof, shall cover the one posi- tion, for employee only. These employees shall have their pay calculated on an hourly basis and shall accrue vacation/holiday/ - 21 - sick leave and Employee Benefits Option proportional to regular hours worked. Designated hourly wage shall be equally reduced for each employee by the amount required to pay for the second benefit package. ARTICLE 48 - CHECK CASHING Employees are encouraged to utilize the City's ability to "Direct Deposit" paychecks to the bank of the employee's choice. ARTICLE 49 - SCHEDULING FOR GENERAL SERVICES, POLICE DEPARTMENT AND PUBLIC WORKS A. General Services Department 1. General Services field officers shall be scheduled on a rotating six-month basis with starting dates of January 16th and July 16th. With the exception of the initial start of the schedule, the shifts will rotate from top to bottom. officers may not elect to switch schedules. 2. When schedule rotation results in an employee working more than forty (40) consecutive hours, that employee will be paid time and one-half overtime for all hours worked in excess of for- ty (40) hours in a workweek as defined in Article 21. `.:/ 3. All open shifts shall be filled as the department hires from the certified Civil Service list and their ranking in eligibility. 4. Union and management agree that in the event there is a change in hours or the number of positions, directed by policy, a new schedule will be negotiated. B. Police Department 1. The following rules shall apply for the purpose of shift selection by all union employees working in the Police Department: a. Seniority shall be the determining factor. b. For the purpose of shift selection, seniority shall be defined as: (1) Length of continuous service within the classification, to commence with the hire date of said classification. (2) Test score of the classification. (3) If Section "a" is equal, then Section "b" shall be the determining factor in seniority. 2. Changes of shift shall be three (3) times yearly, consis- tent with those of sworn personnel in the Police Department. - 22 - 3. Union employees must change their shift at least once with- in that year, unless management and the employee mutually agree '�►` that the employee may remain on the same shift. 4. The City and the Union agree that where Police Department management determines there is a legal obligation to provide and staff Police Department services, such staffing shall be accom- plished. The Union and Police Department Management agree to meet and confer to discuss options of meeting such staffing requirements. C. Public Works 1. Public Works employees working in field operations shall work a 9/80 schedule unless otherwise modified by mutual agree- ment between the City and Union. ARTICLE 50 - RETIREMENT A. Employees covered by this agreement shall be afforded the miscellaneous retirement plan offered by PERS 2% at 60 plan, one year highest compensation, as in effect on September 1, 1988. B. City shall assume all of the employee retirement cost (PERS). C. Effective September 1, 1988 any employee covered by this agreement will be eligible, upon service retirement from this City, for a medical supplement. Said supplement shall be in the following amount: 1. For service retirement at age fifty-five (55) with a mini- mum of ten (10) years continuous service with the City, a $40.00 (or cost of policy whichever is less) per month medical insurance supplement. 2. For service retirement at age fifty-five (55) with a mini- mum of twenty (20) years continuous service, a $60.00 (or cost of policy whichever is less) per month medical insurance supplement, provided, however, that no currently retired employee shall have a benefit amount less than they are currently receiving. 3. Said supplement shall commence with the first month follow- ing the employee's service retirement in which the employee is responsible for payment of the insurance premium. 4. In order to be eligible for medical supplement payments, an employee must either remain on a medical insurance plan offered by the City or provide proof of coverage on a self procured medi- cal insurance plan. 5. Any payments made by the City shall be made directly to a medical insurance provider. In no case will payments be made directly to an individual. - 23 - 6. If an employee who has taken a service retirement, and is receiving a benefit under this article, later applies for and `••� receives a disability retirement, all payments advanced under this article shall be reimbursed to the City. 7. Any employee receiving a benefit under this article agrees to apply for, and enroll in, any Federal and/or State medical insurance plan (e.g. Medicare, Medicaid, etc.) for which they may become eligible. ARTICLE 51 - DEFERRED COMPENSATION Each Union Member, individually, may elect to participate in the Deferred Compensation Plan's established and adopted by the City of Hermosa Beach. ARTICLE 52 - CITY/UNION MEETINGS A. Commencing September 1, 1991, it is agreed that the Manage- ment Team will meet with the Union Representative when requested by the Union to best effect implementation of this document. B. City agrees to meet and consult to discuss each City Depart- ment's current absenteeism policy. The intent of these discus- sions are to initiate a process leading toward formulation and development of a uniform city-wide absenteeism policy. ARTICLE 53 - DISCIPLINE, SUSPENSION, DISCHARGE A. The City understands the value of progressive discipline and will endeavor to incorporate that procedure in it's disciplinary policy. Therefore, as a guideline, the City will endeavor to adhere to the following progressive disciplinary procedure: 1. Written Notices) 2. Written reprimand(s) 3. Suspension(s) 4. Demotion/Reduction in pay 5. Termination B. The above procedure will be used only as a guideline and will apply to all of the Union's classifications and positions. C. Appeals of Discipline shall be governed by the provisions of Article 16. ARTICLE 54 - LAYOFF A. It is mutually agreed that whenever, in the judgement of the City Council, it becomes necessary to abolish a position in the interest of economy or because the necessity for the position no longer exists, the City Council may abolish any position or em- ployment in the competitive service and the personnel officer ,vow"' shall layoff, demote or transfer employees thereby affected. - 24 - B. The City shall give such employees not less than two (2) weeks advance notice of separation and reason therefore. C. Layoff shall be made within classes of positions and all pro- visional employees in the affected class or classes shall be laid off prior to the layoff of any probationary employee; all proba- tionary employees in the affected class or classes shall be laid off prior to the layoff of any permanent employee in the affected class or classes and such layoff shall be by seniority. D. The criterion used in determining the order of separation shall be seniority. Seniority is defined as the total time worked within one's current classification. Wherever seniority in classification is equal, the following criteria shall be ap- plied in the order below: 1) Total city service 2) Relative position on the certified eligibility list 3) Drawing of lots E. The seniority date shall be the date of permanent appointment from a certified Civil Service List. For those employees who have served in their current classification prior to 1981, the seniority date will be the date of appointment via personnel action. F. Date of hire shall include all City service including CETA *ft,W, and FEEA time but not part time/no benefit service. G. Seniority shall not include the time which was terminated by voluntary resignation from the competitive service, layoff, leave of absence or suspension from the competitive service but shall include time served on military leave of absence. H. When a layoff affects a classification which crosses depart- ment lines, the junior employee in said classification shall receive the layoff regardless of department as outlined in para- graphs D, E and F. I. It is further agreed that in the event the City should con- tract with the Sheriff's Department for police services and/or Parking Enforcement/Animal Control, th Union shall receive six (6) Months advance written notice prior to the effective date of any such change. ARTICLE 55 - RETURN TO WORK FROM LAYOFF A. It is mutually agreed that the names of probationary and per- manent employees laid off shall be placed upon an eligibility list for classes which, in the opinion of the City Manager, re- quire essentially the same qualifications and duties and respon- sibilities as those of the class of position from which the layoff was made. B. Names of persons laid off shall be placed at the top of eligibility lists in order of their seniority and shall remain on - 25 - such lists for a period of two years unless re-employed by the City. The result being, by classification, the last employee laid off shall be the first rehired. C. In the event that an employee on a rehire list is offered a position in the classification from which they were laid off and does not accept said position, then their name shall be removed from all re-employment lists. Acceptance of temporary employment does not affect eligibility on permanent re-employment list. D. In the event that an employee on a rehire list is offered a position in a lower classification from which he/she was laid off and does not accept said position, his/her name shall be removed from the lower classification rehire list but will remain on the higher classification list. E. Employees hired from the re-employment list into a clas- sification lower than the classification in which they were laid off shall have their names maintained on the re-employment list for the higher classification until said re-employment list expires. F. Notices of recall from layoffs shall be by return -receipt - requested mail and shall specify the date for reporting to work which shall not be more than two (2) weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and ,,%OV, delivery or attempted delivery is certified by postal service. Notice of recall will also be forwarded to the recognized bar- gaining agent. Employees to be laid off shall submit to the Per- sonnel office their current address at the time of separation. Upon receiving notice, the person on layoff shall have five (5) days to accept or decline the recall opportunity. G. Any employee failing to respond in writing within five (5) days of recall, or failing to report on the prescribed date within the two (2) week maximum, waives all remaining rights to recall on all re-employment lists. The City will proceed to the next senior person until recall needs are met or the list(s) is exhausted. H. Upon recall from lay-off, all accruals will be based on criteria set forth in Article 54 Layoff, paragraphs D, E and F. ARTICLE 56 - REDUCTION IN LIEU OF LAYOFF A. It is mutually agreed that an employee whose position is abolished shall be permitted to drop back into the next lower classification within his/her department and continue in service provided he/she is qualified to perform the duties of the lower classification. The layoff, if any, shall be made in the lowest grade in the department of the employee having the least �...✓ seniority. B. In the case of reduction of any employee in the City Service to a class with a lower pay range such employee's salary shall be - 26 - reduced to a pay step in the lower range corresponding to less than one step in dollar amount below that which he held in the higher class before such reduction. C. For purposes of future step advancement, accrued time in the higher classification step shall be retained. ARTICLE 57 - MILITARY LEAVE PAY New employees shall not receive a salary from the City while on military leave. Any current employee who has utilized military leave since January 1, 1984 or has so enlisted prior to January 11 1986, shall be eligible to receive his/her salary from the City while on military leave in accordance with past practice. ARTICLE 58 - JURY DUTY The City will not provide jury duty leave pay to employees. If the State or Federal Court jury commissioners change, amend, al- ter, or otherwise rescind their present policy of granting exemp- tions from jury service to persons who do not receive jury duty pay from their employer, so as to require jury service despite the absence of jury duty pay from such employer, then the City's practice of paying the City's full salary if jury pay is returned to the City shall be reinstated effective immediately upon the first implementation of such changed exemption policy with respect to all personnel in classifications in this bargaining 14� unit. the City and Union agree that jury duty shall be paid at the same rate as the employee's salary. Employees are not pro- hibited from using paid vacation or compensatory time in order to participate in jury duty. ARTICLE 59 - SELECTION OF INDUSTRIAL ACCIDENT DOCTOR OR MEDICAL FACILITY AND CONTINUATION OF HEALTH BENEFITS A. It is understood that the City will provide medical facili- ties to be used for industrial accidents or illness. However, in the event the union members covered by this MOU wish to grieve the City's selection, the City will give due consideration to the facts presented and may select a new facility. B. Effective September 1, 1988 an employee who suffers an injury -on -duty on or after that date will continue to have pay- ment of the City's portion of all health insurance premiums paid for a period of seven (7) full months commencing with the month in which the injury occurred. C. Nothing herein shall prevent an employee from utilizing their accrued time in lieu of receiving temporary disability payments under the provisions of the Workers' Compensation laws of the State of California. - 27 - ARTICLE 60 - FURTHER STUDIES `-' The City and Union jointly recognize that certain matters need further study and development during the term of this MOU. It is therefore agreed that the following matters will be addressed: 1. Parking fees/Employee Parking. 2. Smoking prohibition for City facilities. 3. Physical fitness program. 4. Drug/Alcohol policy regarding reporting for duty under the influence and use of alcohol during working hours. ARTICLE 61 - CODE OF ETHICS The Union acknowledges and supports the Code of Ethics as adopted by the City on May 14, 1991. ARTICLE 62 - TERM OF AGREEMENT This agreement shall commence September 1, 1991 and continue un- til midnight August 31, 1993. IN WITNESS WHERR OF, the parties hereto cause this Agreement to be executed this nd, day of October, 1991. v CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL & MEDICAL EMPLOYEES UNION LOCAL 911 P/aat Chapli usi ess gent Michael Flaherty, C 'ef Steward Janet Dreste, Union Steward Ro �eF,oLx.,-Uni,dn�Stew �d Valerie Mower, Union Steward CITY OF HERMOSA BEACH 4E� evin B. Nortl1braft City Manager Robert A. Blackwood Personnel Director Michael Lav}h,/Commander Hermosa Bea Police Dept. '%.� J,hn Triggs, Union St and contract/miscmou IMPT-M - 6Z - 9T6T SZ8T BELT SS9T 9LST N VIQOZSllo 960Z 966T T06T TT8T VZLT I SON VN 2[INiIVN 960Z 966T T06T TT8T VZLT SSIdAI Mario OOZZ 960Z 966T 006T OT8T ?IH IO INfl000v OOZZ 960Z 966T 006T OT8T ? uariO suuooau SOI'IOd 9££Z SZZZ 6TTZ 8TOZ ZZ6T 'HOSZ 'ZNIIVK Hall d ONIIXUVcl 9££Z SZZZ 6TTZ 8TOZ ZZ6T aGIV-'IKOINIHOal 9££Z SZZZ 6TTZ 8TOZ ZZ6T uaoiaao SaOIAuas ZviSN ao 9££Z SZZZ 6TTZ 8TOZ ZZ6T II SON VN aINIIVN OGVZ £££Z ZZZZ 9TTZ 9TOZ HolvHado HaclaaMS OStpZ £££Z ZZZZ 9TTZ 9TOZ OINVHDaK SNISUdiflOa VLSZ TGVZ S££Z vZZZ 8TTZ ? UariO iNfl000v HOIN as VLSZ TGVZ S££Z ipZZZ 8TTZ A2iVIHHoSS 6Z9Z V O S Z S 8£ Z TLZZ £ 9TZ HaHOSjVd S IQ AlS3KS O I'IBAd 6Z9Z V08Z S8£Z TLZZ £9TZ NVIOINiHOas SONISQIAH I AZ2IgdOUCI 6Z9Z VOSZ S8£Z TLZZ £9TZ HaDIddO SOIAUE[S SOI'IOd 6Z9Z VOSZ 98£Z TLZZ £9TZ ?HSOI330 NIOSIKI'I lunoO 9£9Z OTSZ T6£Z LLZZ 69TZ SQIV ONIININVrld 99LZ SZ9Z OOSZ T8£Z L9ZZ ILNVINn000v £00£ 0982 VZLZ V69Z TLVZ HaNINVId INVISISSK 9L0£ 0£6Z 06LZ L99Z T£SZ 'HOSl ONIIMaNIIONa 9L0£ 0£6Z 06LZ L99Z T£SZ 2I010SdSNiI SSNISOI'I MINiISMI LVZ£ Z60£ S'6Z 908Z TL9Z HoloSdSKI ONIIQ'IIag a Q O s K T 6 6T 'T 2I28MRIdgS SAISORaJR SIAIA DKINIVOUTEK SSSxozdNiE rI mamas v sIBIHxa EXHIBIT Al GENERAL EMPLOYEES BARGAINING UNIT EFFECTIVE MARCH 1, 1992 A B C D E BUILDING INSPECTOR 2751 2889 3033 3185 3344 BUSINESS LICENSE INSPECTOR 2606 2737 2873 3017 3168 ENGINEERING TECH. 2607 2737 2873 3017 3168 ASSISTANT PLANNER 2545 2672 2805 2946 3093 ACCOUNTANT 2336 2452 2575 2704 2839 PLANNING AIDE 2234 2345 2463 2586 2715 COURT LIAISON OFFICER 2228 2339 2456 2579 2708 POLICE SERVICE OFFICER 2228 2339 2456 2579 2708 PROPERTY & EVIDENCE TECHNICIAN 2228 2339 2456 2579 2708 PUBLIC SAFETY DISPATCHER 2228 2339 2456 2579 2708 SECRETARY 2181 2290 2405 2525 2651 SENIOR ACCOUNT CLERK 2181 2290 2405 2525 2651 EQUIPMENT MECHANIC 2077 2180 2289 2404 2524 SWEEPER OPERATOR 2077 2180 2289 2404 2524 MAINTENANCE II 1979 2078 2182 2291 2406 GENERAL SERVICES OFFICER 1979 2078 2182 2291 2406 TECHNICAL AIDE 1979 2078 2182 2291 2406 PARKING METER MAINT. TECH 1979 2078 2182 2291 2406 POLICE RECORDS CLERK 1864 1957 2055 2158 2266 ACCOUNT CLERK 1864 1957 2055 2158 2266 CLERK TYPIST 1776 1865 1958 2056 2159 MAINTENANCE I 1776 1865 1958 2056 2159 CUSTODIAN 1623 1704 1790 1879 1973 Ift.✓ - 30 - EXHIBIT B TECHNICAL AIDE PREMIUM PAY DUTIES 1. Create DMV inquiry, hold tapes. 2. Process tapes from the DMV. 3. Perform daily computer backups. 4. Process citation complaint forms. 5. Print and purge monthly reports. 6. Operate Burster and Decollater. 7. Train and assist other departments on HPWord, general data entry, and printing problems. 8. Installation of computer hardware and equipment maintenance. 9. Monitor and control computer and peripheral equip- ment to process data. 10. Observe computer console and peripheral equipment ,%o, to process data. 11. Type alternate commands into computer console to correct errors or failures and resume operations. 12. Notify supervisors and programming or equipment vendor if unable to correct cause of error or failure. 13. Set control switches on computer or peripheral equipment according to program and data requirements. 14. Move switches to clear system to start operation of equipment. 15. Print "Notices of Illegal Parking." 16. Print DMV hold complaint forms. 17. Expand the computer data base. 18. Configuration of ports for terminal and/or printers. 19. Identify and correct problems with peripheral equipment. 20. Inventory Control. - 31 - or EXHIBIT "C" Page 1 of 2 pages SYSTEMS ASSISTANT PREMIUM PAY DUTIES: 1. Provides back-up support to the System Manager; 2. Provides user assistance and dispatches problems to appropriate sources for resolution on a variety of automated computer systems; 3. Receives, records, diagnoses and resolves communication network problems; 4. Contacts users affected by communications network problems; 5. Assists with special projects relating to automated computer systems; 6. Performs computer back-ups; 7. Monitors and controls computer and peripheral equipment to process data; Iftwo; 8. Assists in training on computer systems; M 9. Types alternate commands into computer console to correct cause of error or failure; 10. Sets control switches on computer or peripheral equipment according to program and data requirements; 11. Moves switches to clear system to start operation of equipment. 12. Configuration of ports for terminals and/or printers; 13. Identifies and corrects problems with peripheral equipment. QUALIFICATIONS 1. Must have completed probationary status; 2. Must have achieved above average performance as indicated on past formal department evaluation; 3. Must have experience in hardware,. software, data entry, and troubleshooting on DEC/VMS/RMS and VAX computers; - 32 - Page 2 of 2 pages 4. Must have knowledge of operating, diagnosing, troubleshooting, and general maintenance standards of DEC/VMS/RMS and VAX peripherals; word processors; data base and standard software; data processing, word processing and teleprocessing concepts; 6. Must be able to successfully demonstrate ability to: apply technical knowledge of computer hardware and software to support System Manager and system users; communicate effectively both orally and in writing; establish and maintain effective working relationships with other individuals contacted in the performance of System Assistant duties. contract/misexc �d - 33 - 'tis' EXHIBIT I'D" Page 1 of 3 pages 5/40 HOLIDAY SCHEDULE 1991 ACTUAL DATE HOLIDAY DATE OBSERVED New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve hol5a Tue., Jan 01 Mon., Jan 21 Mon., Feb 18 Mon., May 27 Thu., Jul 04 Mon., Sep 02 Mon., Nov 11 Thu., Nov 28 Tue., Dec 24 Wed., Dec 25 Tue., Dec 31 - 34 - Tue., Jan 01 Mon., Jan 21 Mon., Feb 18 Mon., May 27 Thu., Jul 04 Mon., Sep 02 Mon., Nov 11 Thu., Nov 28 Fri., Nov 29 Tue., Dec 24 Wed., Dec 25 Tue., Dec 31 HOURS 8 8 8 8 8 8 8 8 8 5 EOW 8 5 EOW 5/40 HOLIDAY SCHEDULE 1992 HOLIDAY New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve hol5b EXHIBIT I'D" Page 2 of 3 pages ACTUAL DATE DATE OBSERVED Wed., Jan 01 Mon., Jan 20 Mon., Feb 17 Mon., May 25 Sat., Jul 04 Mon., Sep 07 Wed., Nov 11 Thu., Nov 26 Thu., Dec 24 Fri., Dec 25 Thu., Dec 31 - 35 - Wed., Jan 01 Mon., Jan 20 Mon., Feb 17 Mon., May 25 Fri., Jul 03 Mon., Sep 07 Wed., Nov 11 Thu., Nov 26 Fri., Nov 27 Thu., Dec 24 Fri., Dec 25 Thu., Dec 31 HOURS 8 8 8 8 8 8 8 5 EOW 8 5 EOW EXHIBIT "Dif Page 3 of 3 pages 5/40 HOLIDAY SCHEDULE 1993 ACTUAL DATE HOLIDAY DATE OBSERVED New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve hol5c Fri., Jan 01 Mon., Jan 18 Mon., Feb 15 Mon., May 31 Sun., Jul 04 Mon., Sep 06 Thu., Nov 11 Thu., Nov 25 Fri., Dec 24 Sat., Dec 25 Fri., Dec 31 - 36 - Fri., Jan 01 Mon., Jan 18 Mon., Feb 15 Mon., May 31 Mon., Jul 05 Mon., Sep 06 Thu., Nov 11 Thu., Nov 25 Fri., Nov 26 Thu., Dec 23 Fri., Dec 24 Thu., Dec 30 HOURS 8 8 8 8 8 8 8 8 8 5 EOW 8 5 EOW EXHIBIT 11D11' Page 1 of 3 pages 4/40 HOLIDAY SCHEDULE 1991 hol4a - 37 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 10 Martin Luther King's Mon., Jan 21 Mon., Jan 21 10 Birthday President's Day Mon., Feb 18 Mon., Feb 18 10 Memorial Day Mon., May 27 Mon., May 27 10 Independence Day Thu., Jul 04 Thu., Jul 04 10 Labor Day Mon., Sep 02 Mon., Sep 02 10 Veteran's Day Mon., Nov 11 Mon., Nov 11 10 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 10 Christmas Day Wed., Dec 25 Wed., Dec 25 10 hol4a - 37 - EXHIBIT NID111 Page 2 of 3 pages 4/40 HOLIDAY SCHEDULE 1992 hol4b .1"ry - 38 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 10 Martin Luther King's Mon., Jan 20 Mon., Jan 20 10 Birthday President's Day Mon., Feb 17 Mon., Feb 17 10 Memorial Day Mon., May 25 Mon., May 25 10 Independence Day Sat., Jul 04 Admin/Comp Earned 10 A/C Labor Day Mon., Sep 07 Mon., Sep 07 10 ,%R,, Veteran's Day Wed., Nov 11 Wed., Nov 11 10 Thanksgiving Day Thu., Nov 26 Thu., Nov 26 10 Christmas Day Fri., Dec 25 Admin/Comp Earned 10 A/C hol4b .1"ry - 38 - EXHIBIT 11D111 Page 3 of 3 pages 4/40 HOLIDAY SCHEDULE 1993 hol4c - 39 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Fri., Jan 01 Admin/Comp Earned 10 A/C Martin Luther King's Mon., Jan 18 Mon., Jan 18 10 Birthday President's Day Mon., Feb 15 Mon., Feb 15 10 Memorial Day Mon., May 31 Mon., May 31 10 Independence Day Sun., Jul 04 Admin/Comp Earned 10 A/C Labor Day Mon., Sep 06 Mon., Sep 06 10 S"We Veteran's Day Thu., Nov 11 Thu., Nov 11 10 Thanksgiving Day Thu., Nov 25 Thu., Nov 25 10 Christmas Day Sat., Dec 25 Admin/Comp Earned 10 A/C hol4c - 39 - - 40 - EXHIBIT NIB211 Page 1 of 3 pages 9/80 "A" HOLIDAY SCHEDULE 1991 ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 9 Martin Luther King's Mon., Jan 21 Mon., Jan 21 9 Birthday President's Day Mon., Feb 18 Mon., Feb 18 9 Memorial Day Mon., May 27 Mon., May 27 9 Independence Day Thu., Jul 04 Thu., Jul 04 9 Labor Day Mon., Sep 02 Mon., Sep 02 9 Veteran's Day Mon., Nov 11 Mon., Nov 11 9 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 9 Fri., Nov 29 8 Christmas Eve Tue., Dec 24 Tue., Dec 24 1 EOW Christmas Day Wed., Dec 25 Wed., Dec 25 9 9/80 "B" HOLIDAY SCHEDULE 1991 ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 9 Martin Luther King's Mon., Jan 21 Mon., Jan 21 9 Birthday President's Day Mon., Feb 18 Mon., Feb 18 9 Memorial Day Mon., May 27 Mon., May 27 9 Independence Day Thu., Jul 04 Thu., Jul 04 9 Labor Day Mon., Sep 02 Mon., Sep 02 9 Veteran's Day Mon., Nov 11 Mon., Nov 11 9 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 9 Fri., Nov 29 9 Christmas Eve Tue., Dec 24 Tue., Dec 24 4.5 EOW Christmas Day Wed., Dec 25 Wed., Dec 25 9 New Year's Eve Tue., Dec 31 Tue., Dec 31 4.5 EOW hol9a - 40 - EXHIBIT 11D211 Page 2 of 3 pages 9/80 "A" HOLIDAY SCHEDULE 1992 Jan 01 Wed., ACTUAL 01 DATE Martin Luther King's HOLIDAY DATE 20 OBSERVED Jan HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 9 Martin Luther King's Mon., Jan 20 Mon., Jan 20 9 Birthday Feb 17 Mon., Feb 17 President's Day Mon., Feb 17 Mon., Feb 17 9 Memorial Day Mon., May 25 Mon., May 25 9 Independence Day Sat., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 07 Mon., Sep 07 9 Veteran's Day Wed., Nov 11 Wed., Nov 11 9 Thanksgiving Day Thu., Nov 26 Thu., Nov 26 9 11 9 Fri., Nov 27 8 Christmas Eve Thu., Dec 24 Thu., Dec 24 2 EOW Christmas Day Fri., Dec 25 Fri., Dec 25 8 `q" 9/80 "B" HOLIDAY SCHEDULE 1992 Christmas Eve Thu., ACTUAL 24 DATE Dec 24 HOLIDAY DATE Christmas Day OBSERVED Dec HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 9 Martin Luther King's Mon., Jan 20 Mon., Jan 20 9 Birthday President's Day Mon., Feb 17 Mon., Feb 17 9 Memorial Day Mon., May 25 Mon., May 25 9 Independence Day Sat., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 07 Mon., Sep 07 9 Veteran's Day Wed., Nov 11 Wed., Nov 11 9 Thanksgiving Day Thu., Nov 26 Thu., Nov 26 9 Fri., Nov 27 9 Christmas Eve Thu., Dec 24 Thu., Dec 24 5 EOW Christmas Day Fri., Dec 25 Admin/Comp Earned 8 A/C New Year's Eve Thu., Dec 31 Thu., Dec 31 5 EOW hol9b - 41 - y..' 9/80 HOLIDAY EXHIBIT 11D2" Page 3 of 3 pages "All HOLIDAY SCHEDULE 1993 ACTUAL DATE DATE OBSERVED HOURS New Year's Day Fri., Jan 01 Admin/Comp Earned 8 A/C Martin Luther King's Mon., Jan 18 Mon., Jan 18 9 Birthday Mon., Jan 18 9 President's Day Mon., Feb 15 Mon., Feb 15 9 Memorial Day Mon., May 31 Mon., May 31 9 Independence Day Sun., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 06 Mon., Sep 06 9 Veteran's Day Thu., Nov 11 Thu., Nov 11 9 Thanksgiving Day Thu., Nov 25 Thu., Nov 25 9 Jul 04 Admin/Comp Fri., Nov 26 8 Christmas Eve Fri., Dec 24 Fri., Dec 24 3 EOW Christmas Day Sat., Dec 25 Admin/Comp Earned 8 A/C 9/80 11B" HOLIDAY SCHEDULE 1993 Nov 11 ACTUAL Nov DATE 9 HOLIDAY DATE Thu., OBSERVED HOURS New Year's Day Fri., Jan 01 Fri., Jan 01 9 Martin Luther King's Mon., Jan 18 Mon., Jan 18 9 Birthday President's Day Mon., Feb 15 Mon., Feb 15 9 Memorial Day Mon., May 31 Mon., May 31 9 Independence Day Sun., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 06 Mon., Sep 06 9 Veteran's Day Thu., Nov 11 Thu., Nov 11 9 Thanksgiving Day Thu., Nov 25 Thu., Nov 25 9 Christmas Eve Fri., Dec 24 Thu., Dec 23 6 EOW Christmas Day Sat., Dec 25 Admin/Comp Earned 8 A/C New Year's Eve Fri., Dec 31 Fri., Dec 31 5 EOW hol9c - 42 - - T - slxn ORIKI roUVg saaAOzdxa mmaxao TT6 rMDOq 'xoIxn SaaAOadKZ WOIaRN aNT 9NNOISSRaoud 'DI'Ignd uassivas vixuoaig` o D HOvaB TSOXHax do ASID SKI xaaAIas oxia"isxaaxn ao xaaxmxoxax £ 6 6T ' T £ MOnOlI aL - T 6 6T *T RRUMsaaS axs os grsxaxazaaas v 'ATaOUTS -jaaA Mau agq uT noA ggTM bUTxjoM 04 paEMaoi xoOT PUP spuigsTjgo Addag R pvg noA adoH •noA oq s4Tnsaa agq PlumJOJ TTTM I pagsTTdw000e ST gggq sE Uoos SV •spaUM94s Mau bUT409T9 jo ssaooid agq UT 9JU aM U0149WJOJUT anoA joa • sTUUTbTao pagnoaxa agq Sae pasoTOua gd30 MSIa/i3NNOS83d 'a3A1333H : qog auea E66L 'L AapnuEr ,009101\ Effective September 1, 1992, Article 38 of the Memorandum of \..✓ Understanding, General Bargaining Unit, is amended to include the following language: C. The City and Union have met and conferred regarding a wage increase for the period September 1, 1992 through August 31, 1993. The parties have agreed that there shall be no wage increase for the stated period. The parties further agree to meet and confer to establish a wage increase, if any, prior to the expiration of this agreement should the City negotiate any wage increase to another bargaining unit which is currently, as of the date of this supplemental, in contract negotiations. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute this Supplemental Memorandum of Understanding this `7 4L day of -ViovAal 199 3 - Frederick Frederick R. Ferrin City Manager City of Hermosa Beach 'o tor#aine L. Lof lain `" Business Representat' e California Teamster Public, Professional & Medical Employees Union, Local 911. - 1 - Slxn 9xINIKJHia is33xoIdx3 xHOSInH3dns TT6 ZBOOZ 'NOINn lS33x0'Idx3 'IVOICIax (INV 'IBxOISS3dOHd 'omuld SH3LsxvaL ViNHOSI'Ivo 3HS xs Q3sN3s3Hd3H s33xOZdx3 HOd SNOISIQNOO ONIxHOM (INV 'saDVM 'SHIIOH 3HS HSHOd oNIZS3S 9NIQNKSsH3QNn do NnQNvuoKaN rivmOd K TT6 gVDOU 'NOINn AS33x0'IdN3 'IKOIQ3x QNV riKNOISS3dOHd 'OI'IHnd SH3Ssxval `dINH03I'IKO axv HOK3H vsONH3H 30 xSIO x33Ms33 °JNIQxKSSH3QNn 30 xnQNKHON3AI £66T 'T£ ZSaDaV - T66T 'T MlWaSd3S T oz ONIHS`dO ?IOSHO 01 oz ONIIBMS SOr 9 V oz SNOIZI SOd 2MOH QSOIlUaH S t, 6T AlI'IISKSIQ Mal ONO'I TV 6T aNil SOIAHas OI'ISnd £ V 8T dOHS AONSOK Zt, 8T AZIAISOAQOUd TV 8T LNaNAO'IdNa HSnOA Ha NMS QNK gvxosvas 'SUIS sxvd o v LT AZIASONO'I 6C LT SSK2i SOKM SE 9T SKHOd INn LE 9T SA` aq iNaNaAKSuSS 9c 9T SAKQ I'IOH SE ST NOI LVE[O id fi £ VT SNOISFIOKA £ £ VT ONINIVHI-SOr-SHS-NO Z £ VT SAIZNSONI 'IKNOIIVDf1QS TE £T NOISKSNSdNOO NOISKOIdISS`d'IO HadOUd 0£ £T A`dd NOIlVDIdISS`d'IO HaHOIH 6Z £T AlIgVNOlsnsIISNOO 8z £ T SSZ?IOOS gVNOISVWH03NI SSAO'IdNS LZ £T 'IKIINaHaaaI4 SdIHS 9Z TT . SAVa I XO I S 5 Z TT AKd lufloO (INV AKd lHodau vZ TT suaxOO'I £ z OT aNII AHOIVSNShc4OO Z z 6 aNII HSAO QNK SHflOH TZ 6 GoiHad Isau oz 6 SNOIlVDIdISSVgD QNV SNOIZdIHOSSQ SOr 6T 6 S SS'IKUVH Q'I OH ST 6 dIHsuas aw 30 SONKNSSNIVN LT 8 NOIIV'dIISUV 9T 9 SNI'IdIOSIQ ao gvaddv/SONKAaiuD 5T 5 allVagaM QNK HZ'IKSH TIT t ASIHOINSS £T i� SCIUVOS NIZS'I'In8 ZT NOILLVIS XHOM OZ SSSOOK TT t SOIZON S'ISKNosvau OT NOIS0t1QSQ 'I'IOdAKd 6 £ SAVaq SAIIVUISININaY SGUVf4SSS 8 £ NOIIVNINIHOSIQ-NON L Z SZHOIH ZNaNaDVNVK 9 T 'dHAIVM ' NOISKOI3IQON ' ONIQNvisuaQN11 Tina S T NOIJiVINaKagdKI aO MOOS T NOIlVUNaNWOOSx rIVnsnK £ T NOISINOOOM z T KaGNVUONaN SHs Oz SHIIUVd T soya sosrans 3zoisum simalmoo ao szEMa 9Z 9Z 9Z SZ sz sZ vZ £Z zz zz zz zz Tz TZ TT SOVUINI0O 3o Huai soma 3o SQOO SHIGfils UaHlun3 SSIaaNISS HIIKSH 30 NIOIIVflNiIZNiOO QNIK AlIZIDVJ gVDIGaH HO HOS000 SNISQIOOK 'IKIUlSn4NII 30 NIOISOS'ISS xsna Axnr AVd HAVaI AHVIMIN aaOA 'I 30 nSIZ NII NIOISOnQau ddoAvq HOUVHOSIQ ' NIOISNISdsnS ' aNII'IdIOSIQ SONIIlaaK NOINn/AIIO NIOIIVSNadNOD aaUHadaU INISIn auilau sxxoM olzsnd GKV SSOIAUaS gVUaNISJ HOa JNIIUflaHHOS T9 09 69 8s LS 99 99 vs £s ZS is 09 6V 8T /A"t Ga MEMORANDUM OF UNDERSTANDING N''� FOR THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 SUPERVISORY BARGAINING UNIT ARTICLE 1 - PARTIES TO MEMORANDUM This Memorandum of Understanding, hereinafter referred to as the "MOU" or the "Agreement", has been entered into, pursuant to the laws of the State of California and the City of Hermosa Beach, California, by and between the CITY OF HERMOSA BEACH, hereinafter referred to as the "City" or as "Management", and the CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, hereinafter referred to as the "Union". ARTICLE 2 - RECOGNITION The City recognizes the Union as the exclusive bargaining rep- resentative for all employees who are or become employed in those job classifications contained on Exhibit "A", which is attached hereto and made a part of this Agreement. The parties recognize that this Agreement contains wages, benefits and working condi- tions that pertain only to members of the Union. ARTICLE 3 - MUTUAL RECOMMENDATION This Agreement constitutes a mutual recommendation by the parties to the City Council. This Agreement shall become effective upon approval by the City Council of the City. ARTICLE 4 - SCOPE OF REPRESENTATION The scope of representation of the Union shall include all mat- ters relating to employment conditions and employer-employee relations including wages, hours and other terms and conditions of employment. ARTICLE 5 - FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. - 1 - B. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein during the term of this agreement. C. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. D. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 6 - MANAGEMENT RIGHTS A. It is agreed that during the term of this Agreement herein the exercise of the following powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgement and the discretion in connection therewith, shall be limited only by the specific and express terms of this Memorandum of Understanding, City Personnel Ordinance, Personnel Rules and Regulations, and other statutory law. 14� D. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of managements rights shall impact on em- ployees of the bargaining unit, the City agrees to meet and con- fer with representatives of the Union, regarding the impact of the exercise of such rights unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. E. MANAGEMENT RIGHTS 1. Manage the City. 2. Schedule working hours. 3. Establish, modify or change work schedules or standards. 4. Institute changes in procedures. 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee. 6. Determine the location of any new facilities, building, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof. 7. Determine services to be rendered. 8. Determine the layout of buildings and equipment and materials to be used herein. 9. Determine processes, techniques, methods and means of performing services. 10. Determine the size, character and use of inventories. - 2 - 11. Determine the financial policy including accounting procedures. �..i 12. Determine the administrative organization of the system. 13. Determine selection, promotion, or transfer of employees. 14. Determine the size and characteristics of the work force. 15. Determine the allocation and assignment of work to employees. 16. Determine policy affecting the selection of new employees. 17. Determine the establishment of quality and quantity standards and the judgement of quality and quantity of work required. 18. Determine administration of discipline. 19. Determine control and use of City property, materials and equipment. 20. Schedule work periods and determine the number and duration of work periods. 21. Establish, modify, eliminate or enforce rules and regulations. 22. Place work with outside firms. 23. Determine the kinds and numbers of personnel necessary. 24. Determine the methods and means by which operations are to be conducted. 25. Require employees, where necessary, to take in-service training courses during working hours. 26. Determine duties to be included in any job classifications. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any and all necessary action to carry out the mission of the City in cases of an emergency. L.' ARTICLE 7 - NON-DISCRIMINATION A. The City shall not discriminate against any employee because of race, color, age, creed, national origin, sex, handicap, medi- cal condition, martial status, or union activities in any matter. ARTICLE 8 - STEWARDS ADMINISTRATIVE LEAVE A. The City shall provide a total of eight (8) hours per year per steward for use in attending employer-employee related semi- nars, conferences, etc., with the concurrence of the Personnel Department. The number of stewards to make use of this clause is one steward per group (Administrative, Supervisory and General) and the Chief Steward. B. The Union will provide the City with a written list of stew- ards upon request by the City. - 3 - ARTICLE 9 - PAYROLL DEDUCTION It is mutually agreed that the City will, during the term of this Agreement, deduct monies and remit to the Union as authorized by Employee Payroll Deduction Authorization a deduction for dues, providing there is not more than one deduction per pay period. ARTICLE 10 - REASONABLE NOTICE It is mutually understood and agreed that a copy of the City Council and/or Civil Service Board Agenda for each meeting mailed (via the United States postal service) to each authorized rep- resentative of the recognized employee organization shall con- stitute reasonable written notice, and notice of an opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Civil Service Board may act. ARTICLE 11 - ACCESS TO WORK STATION The City agrees to grant official representatives of the Union the access and right to discuss any grievance or problem arising under the terms of this Agreement with any employee during work- ing hours. It is agreed that there will be as little inter- ference as possible by the Union Business Representative or Shop Steward during the working hours of said employee and efforts S"W" will be made to minimize time spent by either the shop steward or employee. It is agreed that the Chief Shop Steward shall be per- mitted to conduct a reasonable amount of Union business regarding grievances/appeals during working hours (such time to be logged) without loss of pay and that the Union may use City facilities to conduct meetings when such facilities are available. ARTICLE 12 - BULLETIN BOARDS Through a Letter of Agreement, the City and Union agree to specifically prescribe the location of a reasonable number of bulletin board locations where the recreational, health and wel- fare, social affairs, notices of meetings or elections and ap- pointments and results of elections. The posting of any other classes of notices or the distribution of any written or printed notices, cards, pamphlets or literature of any kind at City work stations or premises is prohibited without the prior permission of the City Manager or an authorized departmental management official. ARTICLE 13 - SENIORITY A. Seniority shall be the determining factor in all acting ap- pointments, promotions, and transfers within the unit. Seniority as herein applied shall be defined as the last date of hire with the City, and as applied shall consist of the following factors: - 4 - 1. Qualifications and Ability 2. Physical Fitness 3. Length of Continuous Service B. When 1 and 2 are relatively equal, length of continuous ser- vice shall govern. C. This principle of seniority shall not apply to any employee with less than one (1) year of continuous service with the City or with less than six (6) months of service in his most recent job classification. D. Seniority shall be terminated by discharge or other termina- tion of employment (except in cases of layoff). ARTICLE 14 - HEALTH AND WELFARE A. The City will have full responsibility for all Health and Welfare programs enacted or enforced as of September 1, 1988. B. Current Health, Dental, Long Term Disability, Vision, Psy- chological Health, or their equivalent, to remain in force during the life of this Memorandum. City shall meet and consult should there be a change in providers or a change in benefit level. C. Effective September 1, 1991, employees covered under this agreement will be responsible for the current co -pay amounts in effect for the HMO and Indemnity Medical coverages. D. Effective December 1, 1991, the HMO Medical coverage may be changed by the City to require a co -pay amount for office visits of up to $7.00 per visit. E. City shall provide a life insurance policy for each employee, payable in the amount of $20,000 upon such employee's death. F. The City will pay for employees' Long Term Disability and Life Insurance, the employee and one dependent for health in- surance and full family coverage for dental and mental health care. The full cost of the Vision Plan shall be borne by the employee. G. The City and Union mutually recognize the need to maintain existing health insurance cost-containment measures and to con- tinue to control health insurance costs. Toward that end, the City and Union agree to establish an "insurance review" committee which shall meet prior to each benefit renewal year to evaluate and recommend renewal coverages. - 5 - ARTICLE 15 - GRIEVANCES/APPEAL OF DISCIPLINE A. Purpose of Grievance/Appeal Procedures: 1. To promote improved employer-employee relations by es- tablishing procedures on matters. 2. To provide that grievances/appeals shall be settled as near as possible to the point of origin. 3. To provide that the grievance/appeal procedures shall be as informal as possible. B. A "Grievance" shall be defined as a controversy between the City and the Union or an employee or employees covered by this agreement. Such controversy must pertain to any of the following: 1. Any matter involving the application of any provision of this agreement; or 2. Any matter involving the violations of any provision or intent of this agreement; or 3. Any matter that affects the working conditions of the employee or the application of all rules, regulations, policies and/or laws affecting the employees covered by this agreement. C. An Appeal of Discipline is distinct from a Grievance in that it is an action taken by an employee to request an administrative review of disciplinary action initiated against him or her. D. There shall be an earnest effort on the part of both parties to settle grievances/appeals promptly through the steps listed below. Grievances/Appeals must be processed with Union participation. E. STEP 1 - An employee's Grievance/Appeal must be submitted in writing by the employee fully stating the facts surrounding the Grievance/Appeal and detailing the specific provisions of this agreement alleged to have been violated, or in the case of an Appeal of Discipline a written statement outlining the basis of the appeal, signed and dated by the employee and presented to the first line supervisor or management representative immediately in charge of the aggrieved/disciplined employee within fifteen (15) calendar days after the employee could have been reasonably ex- pected to have had knowledge. The supervisor or management rep- resentative shall reply to the employee by the end of the fifteenth (15th) calendar day following the presentation of the grievance/appeal and the giving of such answer will terminate Step 1. F. STEP 2 - If the grievance/appeal is not settled in Step 11 the grievance/appeal will be presented to the Department Director (or, in the case of an appeal of a disciplinary action initiated by a Department Director, or where the Department Director par- ticipated in the decision to administer discipline, to the Per- sonnel Director) within ten (10) calendar days after termination of Step 1. Appeals of written reprimands shall be presented to the Personnel Director. A meeting with the employee, shop stew- ard and Department Director/Personnel Director (or designee) will be arranged at a mutually agreeable location and time to review and discuss the grievance/appeal. Such meeting will take place within ten (10) calendar days from the date the grievance/appeal is received by the Department Director/Personnel Director (or designee). The Department Director/Personnel Director (or desig- nee) may invite other members of management to be present at such meeting. The Department Director/Personnel Director (or desig- nee) will give a written reply by the end of the seventh (7th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2. G. An appeal of discipline in the form of a written notice shall not be continued beyond the second step. H. In the case of an appeal of discipline in the form of a writ- ten reprimand, if the appeal is not resolved to the satisfaction of the disciplined employee, the employee may request the matter be submitted to a mediator who is a member of the State of Cal- ifornia Mediation Service. Any such request for mediation shall be made within 7 calendar days of the conclusion of Step 2 of the appeal process. Following mediation, any determination regarding the written reprimand shall be final and no further appeal shall be allowed. I. STEP 3 - If the grievance/appeal is not settled in Step 2, it shall be submitted to the City Manager. The Union Representative and the City Manager or his designee shall, within seven (7) cal- endar days after the termination of Step 2, arrange a meeting to be held at a mutually agreeable location and time to review and discuss the grievance/appeal. Such meeting will take place within ten (10) calendar days from the date the grievance/appeal is referred to Step 3. A decision shall be rendered within seven (7) calendar days from the date of such meeting. The decision shall be in writing. The giving of such reply shall terminate Step 3. J. Time limits as set forth above for each of the steps may be extended by mutual agreement between the parties but neither par- ty shall be required to so agree. K. In the event the Union calls witnesses that must be excused from work, the City agrees to excuse same in a paid status. The parties agree that in the event the Union member or the Union 11%, fail to comply with the time limits contained herein, such failure constitutes a waiver of the right to prosecute the grievance/appeal; it is further agreed that in the event the City - 7 - or its representatives fail to comply with the prescribed time limits, such failure constitutes an agreement to concur with the grievant's/appellant's position and remedy. L. It is not intended that the grievance procedure be used to affect changes in the established salary and fringe benefits. ARTICLE 16 - ARBITRATION A. Grievances/Appeals which are not settled pursuant to the Grievance/Appeal procedure herein and which either party desires to contest further, shall be submitted to arbitration as provided in this Article provided however that said request for arbitra- tion shall be made within twenty (20) calendar days of the con- clusion of Step 3 of the Grievance/Appeal procedure. B. As soon as possible and in any event not later than fourteen (14) calendar days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said fourteen (14) calendar days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the Federal Media- tion and Conciliation Service by alternate striking of names un- til one name remains. The party who strikes the first name from the panel shall be determined by lot. C. Either the City or the Union may call any employee as a wit- ness, and the City agrees to release said witness from work if he `•� is on duty. If an employee witness is called by the City, the City will reimburse him for time lost; if called by the Union, the Union may pay the expense. D. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other. E. The decision of the arbitrator within the limits herein pre- scribed shall be final and binding upon the parties to the dispute. F. The mutual decision of the parties and/or the arbitrator in any dispute shall be the final and binding decision on all parties and there shall not be any appeal to another board, au- thority, commission and/or agency for it is the intent of this Agreement to supplant the Civil Service (Personnel Board) hearing and appeal system with the provisions of this Article. G. The arbitrator may hear and determine only one grievance/ appeal at a time without the express agreement of the City and the Union. The parties shall share equally the expense of the cost of the arbitration, with the exception of counsel's fees. - 8 - ARTICLE 17 - MAINTENANCE OF MEMBERSHIP lftwAll employees who are members or who have made application for membership as of July 1, 1978, and employees who thereafter be- come members shall remain as members in good standing of the Union as a condition of employment for the term of this Agree- ment. It is agreed that for the term of this Agreement no other employee organization may seek representation nor may the City recognize another employee organization or petition for an election. on ARTICLE 18 - HOLD HARMLESS A. The Union, through the use of its legal staff, will defend the City against any lawsuits brought about because of the provi- sions of Article 18. ARTICLE 19 - JOB DESCRIPTIONS AND CLASSIFICATIONS A. City and Union reaffirm their mutual intent to regularly re- view job descriptions and formal class specifications. B. It is further agreed that when a new class specification is created or revised, the City and Union will meet and attempt to reach agreement on the proposed classification, pay and job description. ARTICLE 20 - REST PERIOD A. Employees shall be allowed a 15 -minute rest period in accor- dance with departmental rules during each half of the regular workday or regular work shift. 1. These rest periods will not be taken at the beginning or end of either half of the regular workday or workshift. 2. Rest periods may not be accumulated, nor shall such rest periods have any monetary value if unused. 3. Breaks must be taken on the work site or at a City facili- ty although it is recognized that purchases may be made in the vicinity during the rest period. ARTICLE 21 - HOURS AND OVERTIME A. For FLSA purposes a "WORK -WEEK" shall be defined as: 1. For employees working a 5/40 or 4/10 schedule: commencing at 0001 hrs Sunday and terminating at 2400 hours Saturday. 2. For employees working a 9/80 schedule: commencing at 1101 hours Friday and terminating the following Friday at 1100 hours. B. The City agrees to pay all Union members time and one-half (1-1/2) their regular rate of pay for all hours worked in excess �..r of their regularly scheduled work day or their regularly scheduled work week. 1_. C. In determining an employee's eligibility for overtime compen- sation in a work day, paid leaves of absence and unpaid leaves of absence shall be excluded from the total hours worked (this does not apply for mandatory overtime where the employee receives less than twelve (12) hours notice). For this purpose, paid leaves of absences and unpaid leaves of absence include: 1. "A" time 2. Sick Leave 3. Jury Duty 4. Military Leave D. The City and Union agree that employees covered by this agreement who are subject to the bi-annual daylight savings time changes will not be eligible for compensation or be subject to loss of paid time because of the change in hours. E. It is agreed that all employees covered by this Agreement shall be paid one and one-half (1-1/2) times their regular rate of pay for all hours worked on holidays in addition to their regular straight time rate of pay (the effect of this is to pay two and one-half (2-1/2) times the regular rate of pay). The parties further agree that any employee may elect to accrue com- pensatory time off at the rate of one and one-half (1-1/2) times the hours worked on holidays in addition to their regular straight time rate of pay, providing that they notify the City in writing prior to the conclusion of the pay period in which the holiday falls. F. If a holiday falls on the employees regularly scheduled day off, the employee shall receive credit for either their straight time rate of pay or compensatory time credited to their Holiday - Comp accrual account. If an employee is required to work in an overtime situation on a Holiday, the employee shall receive two and one-half times their regular rate of pay for all hours worked on that day. ARTICLE 22 - COMPENSATORY TIME A. In lieu of pay, compensatory time may be earned at a rate of one and one-half times the actual hours worked in an overtime situation. Said compensatory time may be accrued to a maximum of one hundred (100) hours with an automatic cash -out of any overage as a part of the regular payroll process. B. In a holiday situation, compensatory time indicated in Article 21 and can be accrued up an automatic cash out of any overage. - 10 - can be earned as to 100 hours with C. Separate accrual banks shall be maintained for each type of compensatory time. D. The granting of requests for compensatory time off shall not be unreasonable withheld and shall be made in accordance with departmental policies. ARTICLE 23 - LOCKERS A. Consistent with past practice, City agrees to continue to provide lockers to employees covered by this Agreement, who are required to report to duty in uniform, for the purpose of storing and securing personal property. Employees accept responsibility for the cleanliness of said lockers. ARTICLE 24 - REPORT PAY AND COURT PAY A. Report pay is that pay for all time worked, or reported to work, after the employee, having completed his last regular scheduled shift, left the work location and is requested to re- port to work from their domicile. Report pay shall be equally distributed per department and not per section, if the emergency is not of a specific nature, providing the employee is qualified. Each Department shall establish a uniform "CALL -OUT" policy and procedure for emergencies. The policy shall include, but not be limited to: (1) equal distribution for call -outs of qualified `.d employees, and (2) establishment of voluntary call -out lists. It is understood that any employee who declines a "call -out" will be removed from the voluntary list and will not be eligible for re- placement on that list for a period of six (6) months. B. It is agreed that all employees shall receive either a mini- mum of four (4) hours report pay/accrued compensatory time or time and one-half (1-1/2) in pay or accrued compensatory time, whichever is greater, for any and all call outs. Such pay received shall be considered as full compensation for said call - out and shall not be considered as hours worked for calculation of FLSA overtime. C. It is further agreed that all employees subpoenaed to court while on an off-duty status shall receive either a minimum of three (3) hours pay/accrued compensatory time or time and one- half (1-1/2) for actual hours spent in court, whichever is greater. Such pay received shall be considered as full compensa- tion for time so spent and shall not be considered as hours worked for calculation of FLSA overtime. ARTICLE 25 -,SICK LEAVE A. Sick leave shall be used only in case of sickness or dis- ability of the employee or in the case of serious illness or death within the immediate family. Misuse of sick leave shall be grounds for disciplinary action. B. To receive compensation while absent on sick leave, employees shall notify the City per their Department's policy. C. When absence is for more than three (3) consecutive working days, the City may require that the reason for the leave be verified by a written statement from an attending physician stat- ing the cause of absence. The employee shall furnish any other proof of sickness reasonably required by the City. D. Employees shall accrue sick leave at the rate of six hours per month. All employees will be paid for the first day sick provided however, newly hired employees (initial employment with City) shall accrue, but not have use of paid sick leave during their probationary period. E. Each year eligible, all employees shall cash in 100% of all unused sick days earned from December 1 to November 30 of the current year. This cash out is to be paid to the employee on the second pay day in December. Provided however, in lieu of cash out employees may convert 100% of their sick time, in excess of one -hundred seventy-six (176) hours, to vacation time. All em- ployees shall maintain a balance to one -hundred seventy-six (176) hours to be eligible for any cash out. F. All employees with a balance of one -hundred seventy-six (176) hours, may annually cash in an additional fifty (50) hours ac- crued sick leave at 100%. The annual date shall be the em- ployee's choice. G. All employees with five (5) years or more service shall be paid one-half (1/2) of all sick hours at their current rate upon termination of employment. H. Final Year Cash -In 1. Upon eligibility for service retirement, an employee covered by this agreement may declare their intention to service retire twelve (12) months in advance of their service retirement date. 2. Upon this declaration of intent to retire, the employee may elect to receive the cash value of their monthly sick leave accrual (6 hours per month) included as part of their base month- ly salary in lieu of receiving further sick leave accrual. Said cash value shall be determined at the employee's current rate of pay. 3. At no time shall this additional compensation so received act in any way to increase any other premium pays (e.g. longevi- ty, etc.) which are computed as a percentage of base pay, nor shall the cash value of said sick leave be included in the com- putation of the value of any accrual cash -outs. 4. The intent of this Article 25(H) ployee's final year compensation for the retirement benefits under the P.E.R.S. - 12 - is to increase the em - calculation of service ARTICLE 26 - SHIFT DIFFERENTIAL A. All employees covered by this agreement working the swing shift shall receive fifty-one cents (.51) per hour premium pay. All employees working the night shift shall receive sixty-one cents (.61) per hour premium pay. B. It is agreed, that for the purpose of determining eligibility for shift differential, the swing shift commences at 3:00 P.M., and the night shift commences at 11:00 P.M. In order to be eligible for shift premium, the assigned shift must have four (4) or more hours after commencement of the shift for which the mem- ber claims shift differential pay. Any employee who is compen- sated at the rate of one and one-half times their regular rate of pay shall not be eligible for shift differential (except for holidays worked as a part of the employee's regular schedule). ARTICLE 27 - EMPLOYEE INFORMATIONAL BOOKLET A. Each department shall provide the employees working within that department an information sheet defining department rules and procedures for use of sick leave, vacation, paid time off, etc. ARTICLE 28 - CONSTITUTIONALITY S%W/ If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be illegal or unconstitution- al, such decision shall not affect the validity of the remaining portion of this Agreement. The Union, through the use of its legal staff, will defend the City against any lawsuits brought about or due to any item of this Agreement. It is understood that the City will not have to pay any of the costs of defense of this Agreement. ARTICLE 29 - HIGHER CLASSIFICATION PAY Employees covered by this Agreement who are temporarily assigned to a higher classification because of emergency conditions, sick leave, vacation and/or relief shall receive the higher rate of pay commencing with the eleventh (11th) consecutive day of such assignment. ARTICLE 30 - PROPER CLASSIFICATION COMPENSATION Upon promotion, step increases shall be calculated based on the anniversary date of the promotion. - 13 - ARTICLE 31 - EDUCATIONAL INCENTIVE a.� A. The City agrees that Union members who desire to enroll in training and academic courses that may provide the employee with general or specific skills and/or knowledge that contributes to their ability to perform their current position or enhances pro- motional opportunities shall have their course fees, books, materials and tuitions (up to CSU rates) paid by the City in ad- vance subject to the approval of the City Manager. The employee will reimburse the City for all expenses if the employee fails or does not complete the said courses or if the employee leaves City employment during the period they are enrolled and received payment. B. City shall pay a one time bonus of $300/certificate/person for holders of International Conference of Building Officials Certificates; said bonus paid for each such Certificate commenc- ing with the second one; Certificates eligible for bonus are: Building Inspector Plumbing Inspector Combination Inspector Uniform Fire Code Electrical Inspector Mechanical Inspector Plans Examiner Rehabilitation/ Conservation Inspector ARTICLE 32 - ON -THE -JOB -TRAINING 1%W11 A. The City will make available on -the -job -training to those employees who exhibit a need and the motivation for such train- ing. Employees desiring such training shall make a written request to their Department's Director. ARTICLE 33 - VACATIONS It is agreed that all employees covered by this Agreement shall accrue vacation as follows: Years of Service Accrued Per Year * Probation Period 1st Year 48 hour Award Commencing with 2nd Year 80 hours " if 4th Year 96 hours " to 6th Year 112 hours if if 10th Year 128 hours it it 14th Year 144 hours of to 18th Year 160 hours - 14 - B. *For initial new hires, there shall be no accrual of vacation during the twelve (12) months of probationary service. Commenc- ing with the thirteenth (13th) full month of service, the em- ployee shall be credited with forty-eight (48) hours of vacation and shall commence accruing at the rate indicated above. C. No current employee shall have an accrual rate less than the rate in effect as of August 30, 1988. D. All employees may cash in one-half (1/2) of days accumulated in one year upon utilization of one-half (1/2) of days accrued during that year. E. Vacation may be accrued up to a thirty (30) month accrual level, with an automatic cash out for hours above that amount. F. Retirement Conversion of Vacation Accrual 1. Effective September 1, 1991, upon eligibility for service retirement, an employee covered by this agreement may declare their intention to service retire twelve (12) months in advance of their service retirement date. 2. Upon this declaration of intent to retire, the employee may elect to receive the cash value of their monthly vacation accrual included as part of their base monthly salary in lieu of receiving further vacation accrual. Said cash value shall be determined at the employee's current rate of pay. 3. At no time shall this additional compensation so received act in any way to increase any other premium pays (e.g. longevi- ty, etc.) which are computed as a percentage of base pay, nor shall the cash value of said vacation accrual be included in the computation of the value of any accrual cash -outs. 4. The intent of this article is to increase the employee's final year compensation for the calculation of service retirement benefit under the P.E.R.S. ARTICLE 34 - PROBATION A. All employees covered by this agreement shall have a proba- tionary period of twelve (12) months (not subject to extension). Upon completion of the probation the employee shall be given a step salary advancement. B. Probationary employees, whether new hires or promotional, shall be formally evaluated every three (3) months. C. All new hires may make application for Union membership as of their date of employment with the City. The City will notify the union in writing of all new hires. - 15 - ARTICLE 35 - HOLIDAYS N%W-� A. All employees covered by this agreement working the 5/40 schedule shall receive the following holidays to be scheduled per the attached Exhibit "B". New Year's Day; Martin Luther King, Jr.'s Birthday; President's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Thanksgiving Friday; Christmas Eve (5 hours); Christmas day; New Year's Eve (5 hours). B. All employees covered by this agreement working the 4/40 schedule shall receive the following holidays to be scheduled per the attached Exhibit 11B111. New Year's Day; Martin Luther King, Jr.'s Birthday; President's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Christmas Day. C. All employees covered by this agreement working a 9/80 schedule shall receive ninety (90) hours of Holiday time per cal- endar. The 9/80 holiday schedule for "A" shift and "B" shift is attached as Exhibit 11B211. ARTICLE 36 - BEREAVEMENT LEAVE A. Each employee covered by this agreement shall receive a maxi- mum of three days per calendar year to be utilized for Bereave- ment Leave because of a death in their immediate family. Immedi- ate family shall mean and include only the employee's spouse, children, stepchildren, parents, spouse's parents, brothers and sisters. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. ARTICLE 37 - UNIFORMS A. The City shall continue to provide uniforms to all Union mem- bers in the Public Works Department in accordance with past practice. B. All Union members assigned to work in the General Services Department, who are either required to work in uniform or main- tain a serviceable uniform, shall be provided with the department prescribed initial clothing necessary to perform their assign- ment, including shoes and jacket. C. After the employee has twelve (12) months of continuous ser- vice, the City shall then provide $18.75 per month for the pur- pose of uniform maintenance and replacement. D. Uniforms shall be worn and maintained in conformance with established department standards. - 16 - E. It is acknowledged that General Services Officers shall not receive a uniform allowance until February 1992 as a result of the mutual agreement previously reached regarding change in uniform. ARTICLE 38 - WAGE RATE A. Effective September 1, 1991 the wage rates shall be as described in Exhibit A. The increase reflects a 2% increase. B. Effective March 1, 1992, all salary ranges shall be increased by 3% at the top step (Exhibit "A1"). C. The City and Union shall meet and confer to establish a wage increase, if any, for the period September 1, 1992 through August 31, 1993. 1. The City and representatives of the Supervisory Bargaining Unit agree to study, prior to meet and confer regarding any wage increase, classifications covered by this agreement, including, but not limited to, the classifications of: Public Works Crewleader and Senior Equipment Mechanic. 2. Nothing herein shall require the City to make any salary adjustment as a result of the above study. D. The City and the Union agree that salary steps for all clas- 14� sifications are "A" through "E", each step to be one (1) year apart. Merit increases shall be effective at the beginning of the next pay period following the employee's anniversary of their date of hire (1st or 16th of the month). C. Generally, initial appointments shall be made at the "A" step. Upon the recommendation of the Department Director, ap- pointment may be made at a higher step. D. All employees shall be eligible for advancement through the steps based on merit. In cases of exceptional merit, and upon the recommendation of the Department Director, an employee may, with the approval of the City Manager, be advanced a step within the salary range at other than one year intervals. Such advance- ment shall establish a new anniversary date for future advancements. E. The Union and City agree to the concept that all employees covered by this agreement should receive a performance review at least annually. ARTICLE 39 - LONGEVITY Employees hired prior to August 1, 1983 will continue to receive ,%moll longevity pay. Effective August 1, 1983, all new hire employees will not be eligible for longevity. - 17 - ARTICLE 40 - PART TIME, SEASONAL AND SUMMER YOUTH EMPLOYMENT A. Part time employees may be hired on an "as needed" basis for a maximum of six (6) consecutive months. Said employees shall receive no benefits. The Union will be informed in writing by the Personnel Department of all part-time temporary employees. The hiring of part-time employees is subject to the grievance procedure. The Union shall be advised prior to any extension of a temporary appointment beyond six months. B. Seasonal workers for the General Services Department may be hired for the period from May 1 through September 15 of each year. Such employees shall be paid on an hourly basis with no benefits. Seasonal workers may work forty (40) hours per week. Seasonal workers duties are restricted to parking enforcement, booth attendant and clerk typist duties. C. Summer youths may be hired on a city-wide department basis at thirty-nine (39) hours per week for the period from June 15 through September 15th. D. Facility Aides/Theater Technicians in the Community Resources Department will generally work twenty (20) hours per week. There are no maximum months of employment. Said employees shall receive no benefits. The Union shall be informed in writing by the Personnel Department of appointments. E. Employment of participants in programs that involve disabled, `®' seniors, etc., will be limited by the guidelines of the particu- lar program. F. Generally, the intern program shall have a maximum employment period of two (2) years. ARTICLE 41 - PRODUCTIVITY The City and the Union mutually agree to continually seek means of increasing productivity among the several City departments. ARTICLE 42 - AGENCY SHOP In conformance with Clauses 17 and 18 and consistent with AB 1966, City and Union agree to the following Agency Shop clause: A. ELIGIBILITY 1. All employees who are 911 members in good standing or who have made application for membership as of July 1,1978, and em- ployees who thereafter become members shall remain as members in good standing of the Union as a condition of employment. - 18 - U 2. Employees hired after January 1, 1982, shall either join 911 as a full member or pay an appropriate service fee to offset 911 meet and confer expenses only upon completion of their proba- tion period or six months consecutive service, whichever shall occur first. B. APPLICABILITY 1. For the term of this agreement. C. RELIGIOUS EXEMPTION 1. An employee may, through completion of a Religious Exemp- tion Statement be relieved from either joining 911 or paying the established service fee. D. SERVICE FEE 1. In lieu of joining 911, any employee hired after January 1, 1982, may, in lieu of such membership pay a service fee equal to two-thirds (2/3) of the monthly dues rate to compensate 911 for meet and confer representing expenses. Said fee to be paid through payroll deductions. E. ENFORCEMENT 1. Consistent with Article 19 of the MOU, Union shall be le- gally responsible for enforcement of this Article. F. NOTIFICATION 1. The City and Union shall jointly notify all members of the representation unit that they are required to pay dues or a ser- vice fee as a condition of continued employment and that such amounts will be automatically deducted from their paychecks. The religious exclusion will also be explained. The cost of this communication and the responsibility for its distribution shall be borne by Management. ARTICLE 43 - PUBLIC SERVICE TIME The Union will chair the annual Red Cross and United Way campaigns. ARTICLE 44 - LONG TERM DISABILITY An employee utilizing the Long Term Disability Plan shall not accrue vacation, sick leave, holiday pay or allowances after the 30th calendar day after disability. - 19 - `r ARTICLE 45 - REDUCED HOUR POSITIONS A. Subject to Civil Service hiring requirements, City may hire employees in permanent positions of at least 20 hours/week but less than 40 hours/week; such positions are subject to the provi- sions of this Memorandum of Understanding provided however that City paid medical and dental premiums shall cover the employee only. These employees shall have their pay calculated on an hourly basis and shall accrue vacation/holiday/sick leave propor- tional to regular hours worked. Said employees are subject to the Agency shop clause. B. Completion of a probationary period in a position of at least twenty (20) hours/week is applicable to any/all such positions; seniority shall accrue from date of appointment regardless of hours worked (at least twenty (20) hours/week and up to forty (4 0 ) hours/week) . C. Appointments to "Reduced Hours Positions" shall be processed on a Personnel Action form which shall designate the number of hours to be worked. Annually there shall be a review of the average hours worked. D. Employees in "Reduced Hour Positions" shall be given consid- eration for all full time positions before consideration of other hiring to fill full time positions. E. City may create such positions; employees may volunteer to occupy such positions. No permanent forty (40) hour employee may be required to accept a less hours/week position. ARTICLE 46 - JOB SHARING A. Subject to Civil Service hiring requirements, City may allow employees to job share one permanent position on a volunteer ba- sis. Such positions are subject to the provisions of this Memo- randum of Understanding provided however that the City paid health and dental premiums or equivalent thereof, shall cover the one position for employee only. These employees shall have their pay calculated on an hourly basis and shall accrue vacation/ holiday/sick leave and Employee Benefits Option proportional to regular hours worked. Designated hourly wage shall be equally reduced for each employee by the amount required to pay for the second benefit package. ARTICLE 47 - CHECK CASHING Employees are encouraged to utilize the City's ability to "Direct Deposit" paychecks to the bank of the employee's choice. - 20 - ARTICLE'48 - SCHEDULING FOR GENERAL SERVICES, AND PUBLIC WORKS \%W/ A. GENERAL SERVICES 1. General Services Field Supervisors are not included in the General Services Field Officer's schedule rotation and their schedule will be established according to the Department's needs. B. PUBLIC WORKS 1. Public Works employees working in field operations shall work a 9/80 schedule unless otherwise modified by mutual agree- ment between the City and Union. ARTICLE 49 - RETIREMENT A. Employees covered by this agreement shall be afforded the miscellaneous retirement plan offered by P.E.R.S. 2% at 60 plan, one year highest compensation, as in effect on September 1, 1988. B. The City shall assume all of the employee retirement cost (P.E.R.S.). C. Effective September 1, 1991 any employee covered by this agreement will be eligible, upon service retirement from this City, for a medical supplement. Said supplement shall be in the following amount: 1. For service retirement at age fifty-five (55) with a mini- mum of ten (10) years continuous service with the City, a $40.00 (or cost of policy whichever is less) per month medical insurance supplement. 2. For service retirement at age fifty-five (55) with a mini- mum of twenty (20) years continuous service, a $60.00 (or cost of policy whichever is less) per month medical insurance supplement. 3. Said supplement shall commence with the first month follow- ing the employee's service retirement in which the employee is responsible for payment of the insurance premium. 4. In order to be eligible for medical supplement payments, an employee must either remain on a medical insurance plan offered by the City or provide proof of coverage on a self procured medi- cal insurance plan. 5. Any payments made by the City shall be made directly to a medical insurance provider. In no case will payments be made directly to an individual. 6. If an employee who has taken a service retirement, and is receiving a benefit under this article, later applies for and 1%011 receives a disability retirement, all payments advanced under this article shall be reimbursed to the City. - 21 - 7. Any employee receiving a benefit under this article agrees to apply for, and enroll in, any Federal and/or State medical insurance plan (e.g. Medicare, Medicaid, etc.) for which they may become eligible. ARTICLE 50 - DEFERRED COMPENSATION A. Each Union Member, individually, may elect to participate in the Deferred Compensation Plan's established and adopted by the City of Hermosa Beach. ARTICLE 51 - CITY/UNION MEETINGS A. Commencing September 1, 1991, it is agreed that the Manage- ment Team will meet with the Union Representatives when requested by the Union to best effect implementation of this document. B. City agrees to meet and consult to discuss each City Depart- ment's current absenteeism policy. The intent of these discus- sions is to initiate a process leading toward formulation and development of a uniform city wide absenteeism policy. ARTICLE 52 - DISCIPLINE, SUSPENSION, DISCHARGE A. The City understands the value of progressive discipline and ,%or, will endeavor to incorporate that procedure in it's disciplinary policy. Therefore, as a guideline, the City will endeavor to adhere to the following progressive disciplinary procedure: 1. Written Notice(s) 2. Written reprimand(s) 3. Suspension(s) 4. Demotion/Reduction in pay 5. Termination B. The above procedure will be used only as a guideline and will apply to all of the Union's classifications and positions. C. Appeals of discipline shall be governed by the provisions of Article 16. ARTICLE 53 - LAYOFF A. It is mutually agreed that whenever, in the judgement of the City Council, it becomes necessary to abolish a position in the interest of economy or because the necessity for the position no longer exists, the City Council may abolish any position or em- ployment in the competitive service and the personnel officer shall layoff, demote or transfer employees thereby affected. B. The City shall give such employees not less than two (2) weeks advance notice of separation and reason therefore. - 22 - C. Layoff shall be made within classes of positions and all pro- visional employees in the affected class or classes shall be laid off prior to the layoff of any probationary employee; all proba- tionary employees in the affected class or classes shall be laid off prior to the layoff of any permanent employee in the affected class or classes and such layoff shall be by seniority. D. The criterion used in determining the order of separation shall be seniority. Seniority is defined as the total time worked within one's current classification. Wherever seniority in classification is equal, the following criteria shall be ap- plied in the order below: 1) Total city service 2) Relative position on the certified eligibility list 3) Drawing of lots E. The seniority date shall be the date of permanent appointment from a certified Civil Service List. For those employees who have served in their current classification prior to 1981, the seniority date will be the date of appointment via personnel action. F. Date of hire shall include all City service including CETA and FEEA time, but not part-time/no benefit service. G. Seniority shall not include the time which was terminated by voluntary resignation from the competitive service, layoff, leave '%..' of absence or suspension from the competitive service but shall include time served on military leave of absence. H. When a layoff affects a classification which crosses depart- ment lines, the junior employee in said classification shall receive the layoff regardless of department as outlined in para- graphs D, E and F. I. It is further agreed that in the event the City should con- tract with the Sheriff's Department for police services and/or Parking Enforcement/Animal Control, the Union shall receive six (6) months advance written notice prior to the effective date of any such change. ARTICLE 54 - RETURN TO WORK FROM LAYOFF A. It is mutually agreed that the names of probationary and per- manent employees laid off shall be placed upon an eligibility list for classes which, in the opinion of the City Manager, re- quire essentially the same qualifications and duties and respon- sibilities as those of the class of position from which the layoff was made. B. Names of persons laid off shall be placed at the top of eligibility lists in order of their seniority and shall remain on such lists for a period of two years unless re-employed by the - 23 - City. The result being, by classification, the last employee laid off shall be the first rehired. Ift.01 C. In the event that an employee on a rehire list is offered a position in the classification from which they were laid off and does not accept said position, then their name shall be removed from all re-employment lists. Acceptance of temporary employment does not affect eligibility on permanent re-employment list. D. In the event that an employee on a rehire list is offered a position in a lower classification from which he/she was laid off and does not accept said position, his/her name shall be removed from the lower classification rehire list but will remain on the higher classification list. E. Employees hired from the re-employment list into a clas- sification lower than the classification in which they were laid off shall have their names maintained on the re-employment list for the higher classification until said re-employment list expires. F. Notices of recall from layoffs shall be by return -receipt - requested mail and shall specify the date for reporting to work which shall not be more than two (2) weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and delivery or attempted delivery is certified by postal service. Notice of recall will also be forwarded to the recognized bar- gaining agent. Employees to be laid off shall submit to the Per- sonnel office their current address at the time of separation. Upon receiving notice, the person on layoff shall have five (5) days to accept or decline the recall opportunity. G. Any employee failing to respond in writing within five (5) days of recall, or failing to report on the prescribed date within the two (2) week maximum, waives all remaining rights to recall on all re-employment lists. The City will proceed to the next senior person until recall needs are met or the list(s) is exhausted. H. Upon recall from lay-off, all accruals will be based on criteria set forth in Article 56 Layoff, paragraphs D, E and F. ARTICLE 55 - REDUCTION IN LIEU OF LAYOFF A. It is mutually agreed that an employee whose position is abolished shall be permitted to drop back into the next lower classification within his/her department and continue in service provided he/she is qualified to perform the duties of the lower classification. The layoff, if any, shall be made in the lowest grade in the department of the employee having the least seniority. B. In the case of reduction of any employee in the City Service to a class with a lower pay range such employee's salary shall be - 24 - reduced to a pay step in the lower range corresponding to less than one step in dollar amount below that which he held in the higher class before such reduction. C. For purposes of future step advancement, accrued time in the higher classification step shall be retained. ARTICLE 56 - MILITARY LEAVE PAY New Employees shall not receive a salary from the City while on military leave. Any current employee who has utilized military leave since January 1, 1984 or has so enlisted prior to January 11 1986, shall be eligible to receive his/her salary from the City while on military leave in accordance with past practice. ARTICLE 57 - JURY DUTY A. The City will not provide jury duty leave pay to employees. If the State or Federal Court jury commissioners change, amend, alter, or otherwise rescind their present policy of granting ex- emptions from jury service to persons who do not receive jury duty pay from their employer, so as to require jury service despite the absence of jury duty pay from such employer, then the City's practice of paying the City's full salary if jury pay is returned to the City shall be reinstated effective immediately upon the first implementation of such changed exemption policy with respect to all personnel in classifications in this bargain- ing unit. The City and Union agree that jury duty pay shall be the same rate as the employee's salary. Employees are not pro- hibited from using paid vacation or compensatory time in order to participate in jury duty. ARTICLE 58 - SELECTION OF INDUSTRIAL ACCIDENT DOCTOR OR MEDICAL FACILITY AND CONTINUATION OF HEALTH BENEFITS A. It is understood that the City will provide medical facili- ties to be used for industrial accidents or illness. However, in the event the union members covered by this MOU wish to grieve the City's selection, the City will give due consideration to the facts presented and may select a new facility. B. Effective September 1, 1988 an employee who suffers an inju- ry -on -duty on or after that date will continue to have payment of the City's portion of all Health Insurance premiums paid for a period of seven (7) months commencing with the month in which the injury occurred. C. Nothing herein shall prevent an employee from utilizing their accrued time in lieu of receiving temporary disability payments under the provisions of the Workers' Compensation laws of the State of California. - 25 - ARTICLE 59 - FURTHER STUDIES The City and Union jointly recognize that certain matters need further study and development during the term of this MOU. It is therefore agreed that the following matters will be addressed: 1. Parking fees/Employee parking 2. Smoking prohibition for City facilities. 3. Physical fitness program. 4. Drug/alcohol policy regarding reporting for duty under the influence and use of alcohol during working hours. ARTICLE 60 - CODE OF ETHICS The Union acknowledges and supports the Code of Ethics as adopted by the City on May 14, 1991. ARTICLE 61 - TERM OF AGREEMENT A. This agreement shall commence September 1, 1991 and continue until midnight August 31, 1993. IN FITNESS WHEREOF, the parties hereto cause this Agreement to be executed this aa, day of October 1991. CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL & MEDICAL EMPLOYEES UNION, LOCAL 911 1 P t Chaplin, ii es Agent N W - � S: Mich el Flaherty, ChiW Steward contract/mousupr3 %" Or CITY OF HERMOSA BEACH Kevin B. North fyraft City Manager Robert A. Blackwood Personnel Director Michael Lavi , Commander Hermosa Beach Police Dept. - 26 - - LZ - 8 v 8 Z ZTLZ £ 8 9 Z 0 9 t Z £ V£ Z HO S IAHacIf1S Q'I3 S3O IAHaS 'I` aNi30 8il8Z ZTLZ £85Z 09tZ £fii£Z SSI'IKIO3dS HalaN JNII?IHVCI TV6Z T08Z 899Z TVGZ ozvz OINVHDaN SNI3?nldI Oa HOINi3S T V 6 Z T 0 8 Z 8 9 9 Z T V S Z O Z v Z Hauv3'IM32i0 SXHOM O I'ISfld 3 a D s v T66T 'T UZ9X3Sd3S 3AIS03333 JIM HINIVOUV9 S33A0'IdKR AUOSIAITHdAS v 911EKIHX3 t4oftN - 8Z - ££6Z £6LZ 099Z fii£9Z £TVZ HOSIAHadAS Grld SSOIAUHS rIVUaNa9 ££6Z £6LZ 099Z V£9Z £TVZ SSI'IKIOadS Hall i E)Nixuvd 6Z0£ 988Z L'vLZ L19Z Z6trZ OIIIKHDaK JiNaNdInZ5H HOINaS 6 Z 0£ 9 8 8 2 L V L Z L T 9 Z Z 6 V Z uauv 'Immo SNUOM O I'Igad a Q O S K Z66T 'T HOMM SAISO83dS XlXrl RIMIKJUMg S38AOrIcINH AEOSIA2iRanS f,.� TSL SISIHX3 EXHIBIT 11B1' Page 1 of 3 pages 5/40 HOLIDAY SCHEDULE 1991 hol5a - 29 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 8 Martin Luther King's Mon., Jan 21 Mon., Jan 21 8 Birthday President's Day Mon., Feb 18 Mon., Feb 18 8 Memorial Day Mon., May 27 Mon., May 27 8 Independence Day Thu., Jul 04 Thu., Jul 04 8 Labor Day Mon., Sep 02 Mon., Sep 02 8 Veteran's Day Mon., Nov 11 Mon., Nov 11 8 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 8 Fri., Nov 29 8 Christmas Eve Tue., Dec 24 Tue., Dec 24 5 EOW Christmas Day Wed., Dec 25 Wed., Dec 25 8 New Year's Eve Tue., Dec 31 Tue., Dec 31 5 EOW hol5a - 29 - EXHIBIT 11B11 Page 2 of 3 pages 5/40 HOLIDAY SCHEDULE 1992 hol5b - 30 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 8 Martin Luther King's Mon., Jan 20 Mon., Jan 20 8 Birthday President's Day Mon., Feb 17 Mon., Feb 17 8 Memorial Day Mon., May 25 Mon., May 25 8 Independence Day Sat., Jul 04 Fri., Jul 03 8 Labor Day Mon., Sep 07 Mon., Sep 07 8 Veteran's Day Wed., Nov 11 Wed., Nov 11 8 Thanksgiving Day Thu., Nov 26 Thu., Nov 26 8 Fri., Nov 27 8 Christmas Eve Thu., Dec 24 Thu., Dec 24 5 EOW Christmas Day Fri., Dec 25 Fri., Dec 25 8 New Year's Eve Thu., Dec 31 Thu., Dec 31 5 EOW hol5b - 30 - EXHIBIT 11B1' Page 3 of 3 pages 5/40 HOLIDAY SCHEDULE 1993 hol5c - 31 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Fri., Jan 01 Fri., Jan 01 8 Martin Luther King's Mon., Jan 18 Mon., Jan 18 8 Birthday President's Day Mon., Feb 15 Mon., Feb 15 8 Memorial Day Mon., May 31 Mon., May 31 8 Independence Day Sun., Jul 04 Mon., Jul 05 8 Labor Day Mon., Sep 06 Mon., Sep 06 8 Veteran's Day Thu., Nov it Thu., Nov it 8 Thanksgiving Day Thu., Nov 25 Thu., Nov 25 8 �..1 Fri., Nov 26 8 Christmas Eve Fri., Dec 24 Thu., Dec 23 5 EOW Christmas Day Sat., Dec 25 Fri., Dec 24 8 New Year's Eve Fri., Dec 31 Thu., Dec 30 5 EOW hol5c - 31 - EXHIBIT 118111 Page 1 of 3 pages 4/40 HOLIDAY SCHEDULE 1991 hol4a - 32 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 10 Martin Luther King's Mon., Jan 21 Mon., Jan 21 10 Birthday President's Day Mon., Feb 18 Mon., Feb 18 10 Memorial Day Mon., May 27 Mon., May 27 10 Independence Day Thu., Jul 04 Thu., Jul 04 10 Labor Day Mon., Sep 02 Mon., Sep 02 10 Veteran's Day Mon., Nov 11 Mon., Nov 11 10 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 10 Christmas Day Wed., Dec 25 Wed., Dec 25 10 hol4a - 32 - EXHIBIT 11B111 Page 2 of 3 pages 4/40 HOLIDAY SCHEDULE 1992 hol4b - 33 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 10 Martin Luther King's Mon., Jan 20 Mon., Jan 20 10 Birthday President's Day Mon., Feb 17 Mon., Feb 17 10 Memorial Day Mon., May 25 Mon., May 25 10 Independence Day Sat., Jul 04 Admin/Comp Earned 10 A/C Labor Day Mon., Sep 07 Mon., Sep 07 10 Veteran's Day Wed., Nov 11 Wed., Nov 11 10 ` o..� Thanksgiving Day Thu., Nov 26 Thu., Nov 26 10 Christmas Day Fri., Dec 25 Admin/Comp Earned 10 A/C hol4b - 33 - EXHIBIT 11B111 Page 3 of 3 pages 4/40 HOLIDAY SCHEDULE 1993 hol4c - 34 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Fri., Jan 01 Admin/Comp Earned 10 A/C Martin Luther King's Mon., Jan 18 Mon., Jan 18 10 Birthday President's Day Mon., Feb 15 Mon., Feb 15 10 Memorial Day Mon., May 31 Mon., May 31 10 Independence Day Sun., Jul 04 Admin/Comp Earned 10 A/C Labor Day Mon., Sep 06 Mon., Sep 06 10 Veteran's Day Thu., Nov 11 Thu., Nov 11 10 Thanksgiving Day Thu., Nov 25 Thu., Nov 25 10 Christmas Day Sat., Dec 25 Admin/Comp Earned 10 A/C hol4c - 34 - New Year's Day Tue., Jan EXHIBIT "B2" Jan 01 9 Page 1 of 3 pages 9/80 '$A" HOLIDAY SCHEDULE 1991 Mon., Jan 21 ACTUAL Birthday DATE HOLIDAY DATE OBSERVED President's Day HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 9 Martin Luther King's Mon., Jan 21 Mon., Jan 21 9 Birthday 9 Independence Day Thu., Jul 04 President's Day Mon., Feb 18 Mon., Feb 18 9 Memorial Day Mon., May 27 Mon., May 27 9 Independence Day Thu., Jul 04 Thu., Jul 04 9 Labor Day Mon., Sep 02 Mon., Sep 02 9 Veteran's Day Mon., Nov 11 Mon., Nov 11 9 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 9 Christmas Eve Tue., Dec Fri., Nov 29 8 Christmas Eve Tue., Dec 24 Tue., Dec 24 1 EOW Christmas Day Wed., Dec 25 Wed., Dec 25 9 9/80 "B" HOLIDAY SCHEDULE 1991 New Year's Eve Tue., Dec 31 Tue., ACTUAL 31 DATE hol9a HOLIDAY DATE OBSERVED HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 9 Martin Luther King's Mon., Jan 21 Mon., Jan 21 9 Birthday President's Day Mon., Feb 18 Mon., Feb 18 9 Memorial Day Mon., May 27 Mon., May 27 9 Independence Day Thu., Jul 04 Thu., Jul 04 9 Labor Day Mon., Sep 02 Mon., Sep 02 9 Veteran's Day Mon., Nov 11 Mon., Nov 11 9 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 9 Fri., Nov 29 9 Christmas Eve Tue., Dec 24 Tue., Dec 24 4.5 EOW Christmas Day Wed., Dec 25 Wed., Dec 25 9 New Year's Eve Tue., Dec 31 Tue., Dec 31 4.5 EOW hol9a - 35 - New Year's Day Wed., Jan EXHIBIT 18B211 Jan 01 9 Page 2 of 3 pages 9/80 11AI' HOLIDAY SCHEDULE 1992 20 Mon., Jan ACTUAL 9 DATE Birthday HOLIDAY DATE OBSERVED HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 9 Martin Luther King's Mon., Jan 20 Mon., Jan 20 9 Birthday 25 Mon., May 25 9 President's Day Mon., Feb 17 Mon., Feb 17 9 Memorial Day Mon., May 25 Mon., May 25 9 Independence Day Sat., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 07 Mon., Sep 07 9 Veteran's Day Wed., Nov 11 Wed., Nov 11 9 Thanksgiving Day Thu., Nov 26 Thu., Nov 26 9 Fri., Nov 27 8 Christmas Eve Thu., Dec 24 Thu., Dec 24 2 EOW Christmas Day Fri., Dec 25 Fri., Dec 25 8 9/80 11B11 HOLIDAY SCHEDULE 1992 25 Admin/Comp Earned 8 A/C ACTUAL DATE New Year's Eve HOLIDAY DATE 31 OBSERVED Dec HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 9 Martin Luther King's Mon., Jan 20 Mon., Jan 20 9 Birthday President's Day Mon., Feb 17 Mon., Feb 17 9 Memorial Day Mon., May 25 Mon., May 25 9 Independence Day Sat., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 07 Mon., Sep 07 9 Veteran's Day Wed., Nov 11 Wed., Nov it 9 Thanksgiving Day Thu., Nov 26 Thu., Nov 26 9 Fri., Nov 27 9 Christmas Eve Thu., Dec 24 Thu., Dec 24 5 EOW Christmas Day Fri., Dec 25 Admin/Comp Earned 8 A/C New Year's Eve Thu., Dec 31 Thu., Dec 31 5 EOW hol9b - 36 - EXHIBIT 11B281 Page 3 of 3 pages 9/80 "A" HOLIDAY SCHEDULE 1993 Jan 01 Fri., Jan 01 9 Martin Luther King's Mon., Jan 18 ACTUAL Jan DATE 9 Birthday HOLIDAY DATE OBSERVED HOURS New Year's Day Fri., Jan 01 Admin/Comp Earned 8 A/C Martin Luther King's Mon., Jan 18 Mon., Jan 18 9 May Birthday Mon., May 31 9 Independence Day President's Day Mon., Feb 15 Mon., Feb 15 9 A/C Memorial Day Mon., May 31 Mon., May 31 9 06 Independence Day Sun., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 06 Mon., Sep 06 9 Nov Veteran's Day Thu., Nov 11 Thu., Nov 11 9 Christmas Eve Thanksgiving Day Thu., Nov 25 Thu., Nov 25 9 6 EOW Christmas Day Sat., Fri., Nov 26 8 Earned Christmas Eve Fri., Dec 24 Fri., Dec 24 3 EOW Christmas Day Sat., Dec 25 Admin/Comp Earned 8 A/C 9/80 11B11 HOLIDAY SCHEDULE 1993 hol9b ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Fri., Jan 01 Fri., Jan 01 9 Martin Luther King's Mon., Jan 18 Mon., Jan 18 9 Birthday President's Day Mon., Feb 15 Mon., Feb 15 9 Memorial Day Mon., May 31 Mon., May 31 9 Independence Day Sun., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 06 Mon., Sep 06 9 Veteran's Day Thu., Nov 11 Thu., Nov 11 9 Thanksgiving Day Thu., Nov 25 Thu., Nov 25 9 Christmas Eve Fri., Dec 24 Thu., Dec 23 6 EOW Christmas Day Sat., Dec 25 Admin/Comp Earned 8 A/C New Year's Eve Fri., Dec 31 Fri., Dec 31 5 EOW hol9b - 37 - - T - IlKn SKINIMSITY9 SddxO'IdXM XHOSIAERdA8 TTG 'ITOOZ oxoixn SS3xoicixa 9molaRK artT avxolssaao*dd JOIZSAd uaxsNvaz TIi+IuodiZTO 0 HOTSa TSoNURR do xzlo MHz xssmzss oxlaxTzsummm do xiiaNNHONR t £66T *T£ zSAOIIT - T66T 'T RagNalcIRS MHz OS rmmxSxagddas T Effective September 1, 1992, Article 38 of the Memorandum of Understanding, Supervisory Bargaining Unit, is amended to include �.' the following language: C. The City and Union have met and conferred regarding a wage increase for the period September 1, 1992 through August 31, 1993. The parties have agreed that there shall be no wage increase for the stated period. The parties further agree to meet and confer to establish a wage increase, if any, prior to the expiration of this agreement should the City negotiate any wage increase to another bargaining unit which is currently, as of the date of this supplemental, in contract negotiations. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute this Supplemental Memorandum of Understanding this `7 ` day of jANU6Q!1 j qq3 ,-1-99;2 Frederick R. Ferrin City Manager City of Hermosa Beach L ior"rAine Lo in Business Representative California Teamster Public, Professional & Medical Employees Union, Local 911. - 1 - slxn oxlxlVOUV9 a SaalMdKa aAIlVusslxlxav T T 6 gMDOZ ' xOlxn , Ssaxoudxa avoIsax afm aymoissajoua ' oIZana susssxvss vifmoaiava sxs xa assxsssuaau sssxouama uoa sxolslaxoo oxlxuoM axv 'sasvx 'sunox sxs xsuoa oxlssas oxlaxmssuaaxn 3o xnawtuoxax Zvmoa v TT6 WDOU 'xOlxn i sssxOzaxa IyOlaaK axy zVxoissaaoua 'olzana suassxvas vixxodirlya xoysa Ysoxusx 3o XWO xaMISEE oxIaxKssuaaxn do KnaNnmo nIax £66T 'T£ ISaDaT - T66T 'T URaHRIcIas P■% T 6T ONIIHS`dO XDaHO TV 6T ONIIUVHS 90.0 £ v 8T SNIOIZISOd uflOH a3OIIa32i Zt 8T ASI'IISVSIa Mal ONIOrI T V 8T 3NIIS SOIAHas OlrIgfld 0 v 8T AIIAIIOflaOud 6C 8T LNIaNIAOIdN H HMOA HaN NnS UMV 'IKNIOSVaS ' aNIs SUKd BE LT AZ IA3ONIOrI LC LT AKd SIHaNI 9E 9T alLvu SOKM S £ 9T SN UOa INIfl VC 9T 3AVa I IN aN aAK3u38 £ £ 9T SAVG IrI OH z £ 5T NIOISVS02id TC VT sHOlsVoVA O£ £T ONIINIIVHI-9Or-3Hl-NIO 6Z £T 3mmaoNII gVNIOISKorla3 8z £T NIOIIVSN adN OO NOIIVoiaissvIo u3doud LZ £T AKd NIOIlVDI3ISSVgD u3HOIH 9z £T AlirivNIOI IMISNOD 5z TT 3AvarI xo i s V z OT AVCI KflIN and £ z OT susxoorl z z OT S33A0'IdN a SdN axa TZ 6 a0iHad Isau Oz 6 SNOISKOI3ISSKqO aN V SNIOIMIHOS3a SOf 6T 6 SS3rIN U'VH arIOH 8T 6 dIHSu3SN aNT 30 3ON VN aiN ivN LT 8 NIOIS,VHIIEIHV 9T 9 3NII'IdIOSIa 30 'IVaddK/3ON VA3IlID 5T 9 allVd'IaM aN V HZ'IKSH VT 9 AZIu0IN as £T sauvog HIs3rizrlg zT NIOIIVIS xuOM OZ SSSoov TT SoIim aggvN osvau OT N omonaaa rIriouAvd 6 £ 3AK3Z 3AIMUSSINiINav SauKM3SS 8 £ NIOILIVNtINiIHOSIa-NIONI L z SZHOIu SN aN aDVN VNI 9 T u3AIK14 ' NIOISKOI3IQONI ' ONiIQN VISdaCINlfl 'IrIn3 S T NOIIVJj aN agclNtI 30 MOOS V T NIOILLVUNI3N NODau rIVfltLfnN £ T N OISIHO0o3u z T N nUN VUON aNt 3Hs Os S3ISUKd T sova sosrsns szoiaxm #M•. ssxsstsoo do saamm 9z vz tZ tZ IVz £z £Z Zz TZ TZ 0z 0z 6T 6T TT IDVUI OD dO Mas 89 SOIHSS 30 SQOO LS SSIGMS HaHlUn3 99 SSIaaNaS HLZKSH aO NOISKflNIINOO GNV AIMOK3 qKOIQaN HO HOIDOQ INaUIOOK 'IKIHlSflGNI dO NOIlOS'IaS ss Asna Aunr is AVd aAVWI A2iVIMIX £s daOAVI dO nSIZ NI NOIIOnaSU Zs 330AK'I Ko*da xHobi OS Ndnsax TG 330Avri 09 aDUVHOSIG 'HOISHadsnS 'HulzdIDSIG 6V SOHIlaaK HOINn/ASID ST? NOIIVSNadNOO GaUHa3SQ Lig ZNSmuiiau 9 V SMUOM OI'Isnd aNv SHOIAMS 'IVUaNaD HOd ONIZnUaHOS 9v /�N f"''Ill-, MEMORANDUM OF UNDERSTANDING FOR THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 ADMINISTRATIVE EMPLOYEES BARGAINING UNIT ARTICLE 1 - PARTIES TO MEMORANDUM This Memorandum of Understanding, hereinafter referred to as the "MOU" or the "Agreement", has been entered into, pursuant to the laws of the State of California and the City of Hermosa Beach, California, by and between the CITY OF HERMOSA BEACH, hereinafter referred to as the "City" or as "Management", and the CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, hereinafter referred to as the "Union", ARTICLE 2 - RECOGNITION The City recognizes the Union as the exclusive bargaining rep- resentative for all employees who are or become employed in those job classifications contained on Exhibit "A", which is attached hereto and made a part of this Agreement. The parties recognize ,qw, that this Agreement contains wages, benefits and working condi- tions that pertain only to members of the Union. ARTICLE 3 - MUTUAL RECOMMENDATION This Agreement constitutes a mutual recommendation by the parties to the City Council. This agreement shall become effective upon approval by the City Council of the City. ARTICLE 4 - SCOPE OF REPRESENTATION The scope of representation of the Union shall include all mat- ters relating to employment conditions and employer-employee relations including wages, hours and other terms and conditions of employment. ARTICLE 5 - FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties whether formal or informal, regarding any such matters are hereby superseded or terminated in their ,'WWIentirety. - 1 - B. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein during the term of this agreement. C. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. D. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 6 - MANAGEMENT RIGHTS A. It is agreed that during the term of this Agreement herein the exercise of the following powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgement and the discretion in connection therewith, shall be limited only by the specific and express terms of this Memorandum of Understanding, City Personnel ordinance, Personnel Rules and Regulations, and other statutory law. � B. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of managements rights shall impact on em- ployees of the bargaining unit, the City agrees to meet and con- fer with representatives of the Union, regarding the impact of the exercise of such rights unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. C. MANAGEMENT RIGHTS 1. Manage the City. 2. Schedule working hours. 3. Establish, modify or change work schedules or standards. 4. Institute changes in procedures. 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee. 6. Determine the location of any new facilities, building, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions, or subdivisions thereof. 7. Determine services to be rendered. 8. Determine the layout of buildings and equipment and materials to be used herein. 9. Determine processes, techniques, methods and means of performing services. 10. Determine the size, character and use of inventories. - 2 - U 11. Determine the financial policy including accounting procedures. 12. Determine the administrative organization of the system. 13. Determine selection, promotion, or transfer of employees. 14. Determine the size and characteristics of the work force. 15. Determine the allocation and assignment of work to employees. 16. Determine policy affecting the selection of new employees. 17. Determine the establishment of quality and quantity standards and the judgement of quality and quantity of work required. 18. Determine administration of discipline. 19. Determine control and use of City property, materials and equipment. 20. Schedule work periods and determine the number and duration of work periods 21. Establish, modify, eliminate or enforce rules and regulations. 22. Place work with outside firms. 23. Determine the kinds and numbers of personnel necessary. 24. Determine the methods and means by which operations are to be conducted. 25. Require employees, where necessary, to take in-service training courses during working hours. 26. Determine duties to be included in any job classifications. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any and all necessary action to carry out the mission of the City in cases of an emergency. ARTICLE 7 - NON-DISCRIMINATION The City shall not discriminate against any employee because of race, color, age, creed, national origin, sex, handicap, medical condition, martial status, or union activities in any matter. ARTICLE 8 - STEWARDS ADMINISTRATIVE LEAVE A. The City shall provide a total of eight (8) hours per year per steward for use in attending employer-employee related semi- nars, conferences, etc., with the concurrence of the Personnel Department. The number of stewards to make use of this clause is one steward per group (Administrative, Supervisory and General) and the Chief Steward. B. The Union will provide the City with a written list of stew- ards upon request by the City. - 3 - ARTICLE 9 - PAYROLL DEDUCTION It is mutually agreed that the City will, during the term of this Agreement, deduct monies and remit to the Union as authorized by Employee Payroll Deduction Authorization a deduction for dues, providing there is not more than one deduction per pay period. ARTICLE 10 - REASONABLE NOTICE It is mutually understood and agreed that a copy of the City Council and/or Civil Service Board Agenda for each meeting mailed (via the United States postal service) to each authorized rep- resentative of the recognized employee organization shall con- stitute reasonable written notice, and notice of an opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Civil Service Board may act. ARTICLE 11 - ACCESS TO WORK STATION The City agrees to grant official representatives of the Union the access and right to discuss any grievance or problem arising under the terms of this Agreement with any employee during work- ing hours. It is agreed that there will be as little inter- ference as possible by the Union Business Representative or Shop Steward during the working hours of said employee and efforts will be made to minimize work time spent by either the Shop Stew- ard or employee. It is agreed that the Chief Shop Steward shall be permitted to conduct a reasonable amount of Union business regarding grievances/appeals during working hours (such time to be logged) without loss of pay and that the Union may use City facilities to conduct meetings when such facilities are available. ARTICLE 12 - BULLETIN BOARDS Through a Letter of Agreement, the City and Union agree to specifically prescribe the location of a reasonable number of bulletin board locations where the recreational, health and wel- fare, social affairs, notices of meetings or elections and ap- pointments and results of elections. The posting of any other classes of notices or the distribution of any written or printed notices, cards, pamphlets or literature of any kind at City work stations or premises is prohibited without the prior permission of the City Manager or an authorized departmental management official. - 4 - ARTICLE 13 - SENIORITY A. Seniority shall be the determining factor in all acting ap- pointments, promotions, and transfers within the unit. Seniority as herein shall be defined as the last date of hire with the City, and as herein applied shall consist of the following factors: 1. Qualifications and Ability 2. Physical Fitness 3. Length of Continuous Service B. When 1 and 2 are relatively equal, length of continuous ser- vice shall govern. C. This principle of seniority shall not apply to any employee with less than one (1) year of continuous service with the City or with less than six (6) months of service in his most recent job classification. D. Seniority shall be terminated by discharge or other termina- tion of employment (except in cases of layoff). ARTICLE 14 - HEALTH AND WELFARE A. The City will have full responsibility for all Health and *ftpl� Welfare programs enacted or enforced as of September 1, 1988. B. Current Health, Dental, Long Term Disability, Vision, Psy- chological Health, or their equivalent, to remain in force during the life of this Memorandum. City shall meet and confer should there be a change in providers or a change in benefit level. C. Effective September 1, 1991, employees covered under this agreement will be responsible for the current co -pay amounts in effect for the HMO and Indemnity Medical coverages. D. Effective December 1, 1991, the HMO Medical coverage may be changed by the City to require a co -pay amount for office visits of up to $7.00 per visit. E. City shall provide a life insurance policy for each employee, payable in the amount of $20,000 upon such employee's death. F. The City will pay for employee's Long Term Disability and Life Insurance, the employee and one dependent for health in- surance and full family coverage for dental and mental health care. The full cost of the Vision Plan shall be borne by the employee. - 5 - G. The City and Union mutually recognize the need to maintain existing health insurance cost-containment measures and to con - 1%W1' tinue to control health insurance costs. Toward that end, the City and Union agree to establish an "insurance review" committee which shall meet prior to each benefit renewal year to evaluate and recommend renewal coverages. ARTICLE 15 - GRIEVANCES/APPEAL OF DISCIPLINE A. Purpose of Grievance/Appeal procedures: 1. To promote improved employer-employee relations by es- tablishing procedures on matters. 2. To provide that grievances/appeals shall be settled as near as possible to the point of origin. 3. To provide that the grievance/appeal procedures shall be as informal as possible. B. A "Grievance" shall be defined as a controversy between the City and the Union or an employee or employees covered by this agreement. Such controversy must pertain to any of the following: 1. Any matter involving the application of any provision of this agreement; or 2. Any matter involving the violations of any provision or intent of this agreement; or 3. Any matter that affects the working conditions of the employee or the application of all rules, regulations, policies and/or laws affecting the employees covered by this agreement. C. An Appeal of Discipline is distinct from a Grievance in that it is an action taken by an employee to request an administrative review of disciplinary action initiated against him or her. D. There shall be an earnest effort on the part of both parties to settle grievances/appeals promptly through the steps listed below. Grievances must be processed with Union participation. E. STEP 1 - An employee's Grievance/Appeal must be submitted in writing by the employee fully stating the facts surrounding the Grievance/Appeal and detailing the specific provisions of this agreement alleged to have been violated, or in the case of an appeal of discipline a written statement outlining the basis of the appeal, signed and dated by the employee and presented to the first line supervisor or management representative immediately in charge of the aggrieved/disciplined employee within fifteen (15) calendar days after the employee could have been reasonably ex- pected to have had knowledge. The supervisor or management rep- resentative shall reply to the employee by the end of the fifteenth (15th) calendar day following the presentation of the grievance/appeal and the giving of such answer will terminate Step 1. F. STEP 2 - If the grievance/appeal is not settled in Step 1, the grievance/appeal will be presented to the Department Director (or, in the case of an appeal of a disciplinary action initiated by a Department Director or where the Department Director par- ticipated in the decision to administer discipline, to the Per- sonnel Director) within ten (10) calendar days after termination of Step 1. Appeals of written reprimands shall be presented to the Personnel Director. A meeting with the employee, shop stew- ard and Department Director/Personnel Director (or designee) will be arranged at a mutually agreeable location and time to review and discuss the grievance/appeal. Such meeting will take place within ten (10) calendar days from the date the grievance/appeal is received by the Department Director/Personnel Director (or designee). The Department Director/Personnel Director (or desig- nee) may invite other members of management to be present at such meeting. The Department Director (or designee) will give a writ- ten reply by the end of the seventh (7th) calendar day following the date of the meeting, and the giving of such reply will termi- nate Step 2. G. An appeal of discipline in the form of a written notice shall not be continued beyond the second step. *w1p, H. In the case of an appeal of discipline in the form of a writ- ten reprimand, if the appeal is not resolved to the satisfaction of the disciplined employee, the employee may request the matter be submitted to a mediator who is a member of the State of Cal- ifornia Mediation Service. Any such request for mediation shall be made within 7 calendar days of the conclusion of Step 2 of the appeal process. Following mediation, any determination regarding the written reprimand shall be final and no further appeal shall be allowed. I. STEP 3 - If the grievance/appeal is not settled in Step 2, it shall be submitted to the City Manager. The Union Representative and the City Manager or his designee shall, within seven (7) cal- endar days after the termination of Step 2, arrange a meeting to be held at a mutually agreeable location and time to review and discuss the grievance/appeal. Such meeting will take place within ten (10) calendar days from the date the grievance/appeal is referred to Step 3. A decision shall be rendered within seven (7) calendar days from the date of such meeting. The decision shall be in writing. The giving of such reply shall terminate Step 3. J. Time limits as set forth above for each of the steps may be extended by mutual agreement between the parties but neither par- ty shall be required to so agree. `'WIV K. In the event the Union calls witnesses that must be excused from work, the City agrees to excuse same in a paid status. The parties agree that in the event the Union member or the Union - 7 - fail to comply with the time limits contained herein, such failure constitutes a waiver of the right to prosecute the `wx� grievance/appeal. It is further agreed that in the event the City or its representatives fail to comply with the prescribed time limits, such failure constitutes an agreement to concur with the grievant's/appellant's position and remedy. L. It is not intended that the grievance procedure be used to effect changes in the established salary and fringe benefits. ARTICLE 16 - ARBITRATION A. Grievances/Appeals which are not settled pursuant to the Grievance/Appeal procedure herein and which either party desires to contest further, shall be submitted to arbitration as provided in this Article provided however that said request for Arbitra- tion shall be made within twenty (20) calendar days of the con- clusion of Step 3 of the Grievance/Appeal procedure. B. As soon as possible and in any event not later than fourteen (14) calendar days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said fourteen (14) calendar days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the Federal Media- tion and Conciliation Service by alternate striking of names un - *460;11 til one name remains. The party who strikes the first name from the panel shall be determined by lot. C. Either the City or the Union may call any employee as a wit- ness. The Employer agrees to release said witness from work if he is on duty. If an employee witness is called by the City, the City will reimburse him for time lost; if called by the Union, the Union may pay the expense. D. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other. E. The decision of the arbitrator within the limits herein pre- scribed shall be final and binding upon the parties to the dispute. F. The mutual decision of the parties and/or the arbitrator in any dispute shall be the final and binding decision on all parties and there shall not be any appeal to another board, au- thority, commission and/or agency for it is the intent of this Agreement to supplant the Civil Service (Personnel Board) hearing and appeal system with the provisions of this Article. - 8 - G. The arbitrator may hear and determine only one grievance/ appeal at a time without the express agreement of the City and the Union. The parties shall share equally the expense of the cost of the arbitration, with the exception of counsel's fees. ARTICLE 17 - MAINTENANCE OF MEMBERSHIP All employees who are members or who have made application for membership as of July 1, 1978, and employees who thereafter be- come members shall remain as members in good standing of the Union as a condition of employment for the term of this Agree- ment. It is agreed that for the term of this Agreement no other employee organization may seek representation nor may the City recognize another employee organization or petition for an election. ARTICLE 18 - HOLD HARMLESS The Union, through the use of its legal staff, will defend the City against any lawsuits brought about because of the provisions of Article 18. ARTICLE 19 - JOB DESCRIPTIONS AND CLASSIFICATIONS A. City and Union reaffirm their mutual intent to regularly re- view job descriptions and formal class specifications. B. It is further agreed that when a new class specification is created or revised, the parties will meet and attempt to reach agreement on the proposed classification, pay and job description. ARTICLE 20 - REST PERIOD A. Employees shall be allowed a 15 -minute rest period in accor- dance with departmental rules during each half of the regular workday or regular work shift. 1. These rest periods will not be taken at the beginning or end of either half of the regular workday or workshift. 2. Rest periods may not be accumulated, nor shall such rest periods have any monetary value if unused. 3. Breaks must be taken on the work site or at a City facili- ty although it is recognized that purchases may be made in the vicinity during the rest period. ARTICLE 21 - EXEMPT EMPLOYEES *`w� A. For FLSA purposes a 11WORK-WEEK1' shall be defined as commenc- ing at 0001 hours Sunday and terminating at 2400 hours Saturday. B. All employees who occupy positions within the classifications listed in the attached Exhibit "A" are designated as exempt under FLSA . C. It is agreed that the City shall give all employees covered by this agreement "Administrative -Time" off at the rate of straight time for all hours worked in excess of their regularly scheduled work shift. Said "Administrative -Time" may be accrued up to fifty (50) hours. No additional hours in excess of fifty (50) shall be accrued. Should an employee's accrual reach fifty (50) hours, they shall be frozen at that amount until such time as their accrual balance falls below fifty (50) hours. Effective September 1, 1991, there shall be no monetary value for "Administrative -Time". D. Accumulation and use of "Administrative -Time" shall be im- mediately annotated on an exception slip and processed through the appropriate department as part of the payroll process. E. If an Administrative employee is performing strictly subordi- nate duties in an overtime situation, said employee shall be com- pensated at the over -time rate described in the General Employees Agreement. ARTICLE 22 - LOCKERS Consistent with past practice, City agrees to continue to provide lockers to employees covered by this Agreement, who are required to report to duty in uniform, for the purpose of storing and securing personal property. Employees accept responsibility for the cleanliness of said lockers. ARTICLE 23 - PREMIUM PAY A. ADMINISTRATIVE AIDE/SECRETARY/DEPUTY CITY CLERK 1. Any Administrative Aide, Secretary, or Deputy City Clerk who qualifies for premium pay shall receive five percent (5%) above their base pay thirty (30) days after meeting the qualifications; and, an additional five percent (5%) one year thereafter. 2. Said premium, being compensation for regular and continuing duties, shall be included in any sick leave up to and including ten (10) consecutive days, vacation leave, vacation cash -out, holidays, and shall be subject to P.E.R.S.. 3. Eligibility for this premium pay shall be formalized on a personnel action form. - 10 - 4. An Administrative Aide/Secretary/Deputy City Clerk will be eligible for premium pay when in the course of their duties they perform the following additional tasks: a. Report directly to a City Administrator and may, at times, act as the City Administrator's liaison between that person and other persons in the transaction of City business. b. Must have an intimate knowledge of the inner workings of all the functioning aspects of the Department and have the abili- ty to actively communicate with all department personnel. c. -Will be responsible for the generation of City Council agenda items. Included in this is the creation of said agenda item from conception to completion and submittal for the Depart- ment Director's review and concurrence. May also be required to make presentations at City Council meetings as well as to other City commissions. d. Responsible for periodic review of the Department's annual budget and preparation of budget recommendations. In addition, may assist in the development of the yearly budget for that Department. e. May be required to staff various commissions, ad hoc groups, and various other citizen meetings that relate to the business of the Department. f. Will be required to transact items of a personnel nature and, in doing so, maintain total confidentiality. g. Must have the ability to act in a supervisory role and may be required to perform in this capacity in the area of clerical support staff within the Department. h. Must have the ability to make responsible and prudent decisions in all assigned areas that pertain to the functions of the department. B. CROSSING GUARD COORDINATOR SPECIAL DUTY PAY 1. Effective September 1, 1991, the Special Duty Pay for Crossing Guard Coordinator is eliminated. C. CITATION RECORDS ADMINISTRATOR PREMIUM PAY 1. Effective September 1, 1991, the Premium Pay for Citation Records Administrator is eliminated. ARTICLE 24 - SICR LEAVE Iftwo/ A. Sick leave shall be used only in case of sickness or dis- ability of the employee or in the case of serious illness or death within the immediate family. Misuse of sick leave shall be grounds for disciplinary action. B. To receive compensation while absent on sick leave, employees shall notify the City per their Department's policy. C. When absence is for more than three (3) consecutive working days, the City may require that the reason for the leave be verified by a written statement from an attending physician stat- ing the cause of absence. The employee shall furnish any other proof of sickness reasonably required by the City. D. Employees shall accrue sick leave at the rate of six (6) hours per month. All employees will be paid for the first day sick provided however, newly hired employees (initial employment with City) shall accrue, but not have use of paid sick leave during their probationary period. E. Each year all eligible employees shall cash in 100% of all unused sick days earned from December 1 to November 30 of the current year. This cash out is to be paid to the employee on the second pay day in December. Provided however, in lieu of cash out, employees may convert 100% of their sick time, in excess of one -hundred seventy-six (176) hours, to vacation time. All em- ployees shall maintain a balance of one -hundred seventy-six (176) hours to be eligible for any cash out. F. All employees with a balance of one -hundred seventy-six (176) hours, may annually cash in an additional fifty (50) hours ac- crued sick leave at 100%. The annual date shall be the employees choice. G. All employees with five (5) years or more service shall be paid one-half (1/2) of all accrued sick hours at their current rate upon termination of employment. H. Final Year Cash -In 1. Upon eligibility for service retirement, an employee covered by this agreement may declare their intention to service retire twelve (12) months in advance of their service retirement date. 2. Upon this declaration of intent to retire, the employee may elect to receive the cash value of their monthly sick leave accrual (6 hours per month) included as part of their base month- ly salary in lieu of receiving further sick leave accrual. Said cash value shall be determined at the employee's current rate of pay. 3. At no time shall this additional compensation so received act in any way to increase any other premium pays (e.g. longevi- ty, etc.) which are computed as a percentage of base pay, nor shall the cash value of said sick leave be included in the com- putation of the value of any accrual cash -outs. 4. The intent of this Article 25(H) ployees' final year compensation for the retirement benefits under the P.E.R.S. - 12 - is to increase the em - calculation of service ARTICLE 25 - CONSTITUTIONALITY A. If any section, sub -section, sentence, clause or phrase of this Agreement is for any reason held to be illegal or uncon- stitutional, such decision shall not affect the validity of the remaining portion of this Agreement. The Union, through the use of its legal staff, will defend the City against any lawsuits brought about or due to any item of this Agreement. It is under- stood that the City will not have to pay any of the costs of de- fense of this Agreement. ARTICLE 26 - HIGHER CLASSIFICATION PAY A. Employees covered by this Agreement who are temporarily as- signed to a higher classification because of emergency condi- tions, sick leave, vacation and/or relief shall receive the high- er rate of pay commencing with the eleventh (11th) consecutive day of such assignment. ARTICLE 27 - PROPER CLASSIFICATION COMPENSATION A. Upon promotion, step increases shall be calculated based on the anniversary date of the promotion. *"011 ARTICLE 28 - EDUCATIONAL INCENTIVE 16 . A. The City agrees that Union members who desire to enroll in training and academic courses that may provide the employee with general or specific skills and/or knowledge that contributes to their ability to perform their current position or enhances pro- motional opportunities shall have their course.fees, books, materials and tuitions (up to CSU rates) paid by the City in ad- vance subject to the approval of the City Manager. The employee will reimburse the City for all expenses if the employee fails or does not complete the said courses or if the employee leaves City employment during the period they are enrolled and received payment. ARTICLE 29 - ON -THE -JOB -TRAINING A. The City will make available on -the -job -training employees who exhibit a need and the motivation for ing. Employees desiring such training shall make a request to their Department's Director. - 13 - to those such train - written ARTICLE 30 - VACATIONS A. It is agreed that all employees covered by this Agreement shall accrue vacation as follows: Years of Service * Probation Period 1st Year Commencing with 2nd Year Accrued Per Year 48 hour Award 80 hours " of 4th Year 96 hours to of 6th Year 112 hours it of 10th Year 128 hours it it 14th Year 144 hours it of 18th Year 160 hours B. *For initial new hires, there shall be no accrual of vacation during the twelve (12) months of probationary service. Commenc- ing with the thirteenth (13th) full month of service, the em- ployee shall be credited with forty-eight (48) hours of Vacation `,,r and shall commence accruing at the rate indicated above. C. No current employee shall have an accrual rate less than the rate in effect as of August 30, 1988. D. All employees may cash in one-half (1/2) of days accumulated in one year upon utilization of one-half (1/2) of days accrued during that year. E. Vacation may be accrued up to a thirty (30) month accrual level, with an automatic cash out for hours above that amount. F. Retirement Conversion of Vacation Accrual 1. Upon eligibility for service retirement, an employee covered by this agreement may declare their intention to service retire twelve (12) months in advance of their service retirement date. 2. Upon this declaration of intent to retire, the employee may elect to receive the cash value of their monthly vacation accrual included as part of their base monthly salary in lieu of receiving further vacation accrual. Said cash value shall be determined at the employee's current rate of pay. - 14 - 3. At no time shall this additional compensation so received act in any way to increase any other premium pays (e.g. longevi- ty, etc.) which are computed as a percentage of base pay, nor shall the cash value of said vacation accrual be included in the computation of the value of any accrual cash -outs. 4. The intent of this article is to increase the employee's final year compensation for the calculation of service retirement benefit under the P.E.R.S. ARTICLE 31 - PROBATION A. All employees covered by this agreement shall have a proba- tionary period of twelve (12) months not subject to extension. Upon completion of the probation the employee shall be given a step salary advancement. B. Probationary employees, whether new hires or promotional, shall be formally evaluated every three (3) months. C. All new hires may make application for Union membership as of their date of employment with the City. The City will notify the union of all new hires, in writing, by the Personnel Department of appointments. N%mr, ARTICLE 32 - HOLIDAYS A. All employees covered by this agreement working the 5/40 schedule shall receive the following holidays to be scheduled per the attached Exhibit "B": New Year's Day; Martin Luther King, Jr.'s Birthday; President's Day; Memorial Day'; Independence Day; Labor Day; Veterans Day; Thanksgiving Day; Thanksgiving Friday; Christmas Eve (5 hours); Christmas day; New Years Eve (5 hours). B. All employees covered by this agreement working the 4/40 schedule shall receive the following holidays to be scheduled per the attached Exhibit 11B1" New Year's Day; Martin Luther King, Jr.'s Birthday; President's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Christmas Day. C. All employees covered by this agreement working a 9/80 schedule shall receive ninety (90) hours of Holiday time per cal- endar year. The 9/80 holiday schedule for "A" shift and "B" shift is attached as Exhibit 11B211. D. Employees covered by this agreement may accrue up to 50 hours of holiday comp. for those holidays in which compensatory time is earned in lieu of closing City Hall. - 15 - ARTICLE 33 - BEREAVEMENT LEAVE Each employee covered by this agreement shall receive a maximum of three days per calendar year to be utilized for Bereavement Leave because of a death in their immediate family. Immediate family shall mean and include only the employee's spouse, chil- dren, stepchildren, parents, spouse's parents; brothers and sisters. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. ARTICLE 34 - UNIFORMS A. The City shall continue to provide uniforms to all Union mem- bers in the Public Works Department in accordance with past practice. B. All Union members assigned to work in the Police and General Services Departments, who are either required to work in uniform or maintain a serviceable uniform, shall be provided with the department's prescribed initial clothing necessary to perform their assignment, including shoes and jacket. C. After the employee has completed twelve (12) months of con- tinuous service, the City shall then provide $18.75 per month for the purpose of uniform maintenance and replacement. D. Uniforms shall be worn and maintained in conformance with established department standards. ARTICLE 35 - WAGE RATE A. Effective September 1, 1991 the wage rates shall be as described in Exhibit A. The increase effective September 1, 1991 shall be 2% for all classes with equity adjustment for the fol- lowing classes: Planning Associate - 5.32%; Sr. Building Inspec- tor - .78%; Assistant Engineer - .5%; CM Secretary - 1.5%; PW Superintendent - 6.96%. B. Effective March 1, 1992, all salary ranges shall be increased by 3% at the top step (Exhibit "A1"). C. The City and Union shall meet and confer to establish a wage increase, if any, for the period September 1, 1992 through August 31, 1993. 1. The City and representatives of the Administrative Em- ployees' Bargaining Unit agree to study, prior to meet and confer regarding any wage increase, classifications covered by this agreement, including, but not limited to, the classification of ,%00, Public Works Superintendent. 2. Nothing herein shall require the City to make any salary adjustment as a result of the above study. - 16 - D. The City and Union agree that salary steps for all classifications are "A" through "E", each step to be one (1) year apart. Merit increases shall be effective at the beginning of next pay period following the employee's anniversary of their date of hire (1st or 16th of the month). E. Generally, initial appointments shall be made at the "A" step. Upon the recommendation of the Department Director, ap- pointment may be made at a higher step. F. All employees shall be eligible for advancement through the steps based on merit. In cases of exceptional merit, and upon the recommendation of the Department Director, an employee may, with the approval of the City Manager, be advanced a step within the salary range at other than one year intervals. Such advance- ment shall establish a new anniversary date for future advancements. G. The Union and City agree that all employees covered by this agreement should receive a performance review at least annually. ARTICLE 36 - MERIT PAY A. Administrative employees will be eligible to receive merit pay. Said merit pay will range from -7.5% to +7.5% of base monthly pay, payable for three month increments. The standard to 1%W11 be considered in the performance evaluation will be timely response to those goals and objectives established between the employee and department director at the commencement of the evaluation period. B. The classifications of Administrative Aide, Secretary, and Chief Deputy City Clerk shall not be eligible for merit pay. C. For salary comparison purposes, base salary shall be in- creased by 5.63% (75% of maximum merit pay) to adjust for merit pay eligibility for those classes eligible. ARTICLE 37 - LONGEVITY A. Employees hired prior to August 1, 1983 will continue to receive longevity pay. Effective August 1, 1983, all new hire employees will not be eligible for longevity. B. Effective July 1, 1985 employees classified as "secretary" or "administrative aide" shall cease to be eligible for longevity. This will not affect any longevity earned prior to July 1, 1985. - 17 - ARTICLE 38 - PART TIME, SEASONAL AND SUMMER YOUTH EMPLOYMENT ,%WSW A. Part time employees may be hired on an "as needed" basis for a maximum of six (6) consecutive months. Said employees shall receive no benefits. The Union will be informed in writing by the Personnel Department of all part-time temporary employees. The hiring of part-time employees is subject to the grievance procedure. The Union shall be advised prior to any extension beyond six (6) months. B. Employment of participants in programs that involve disabled, seniors, etc., will be limited by the guidelines of the particu- lar program. C. Generally, the intern program shall have a maximum employment period of two (2) years. ARTICLE 39 - PRODUCTIVITY The City and the Union mutually agree to continually seek means of increasing productivity among several City departments. ARTICLE 40 - PUBLIC SERVICE TIME The Union will chair the annual Red Cross and United Way campaigns. ARTICLE 41 - LONG TERM DISABILITY An employee utilizing the Long Term Disability Plan shall not accrue vacation, sick leave, holiday pay or allowances after the 30th calendar day after disability. ARTICLE 42 - REDUCED HOUR POSITIONS A. Subject to Civil Service hiring requirements, City may hire employees in permanent positions of at least 20 hours/week but less than 40 hours/week; such positions are subject to the provi- sions of this Memorandum of Understanding provided however that City paid Medical and Dental premiums shall cover the employee only. These employees shall have their pay calculated on an hourly basis and shall accrue vacation/holiday/sick leave propor- tional to regular hours worked. B. Completion of a probationary period in a position of at least 20 hours/week is applicable to any/all such positions; seniority shall accrue from date of appointment regardless of hours worked (at least twenty (20) hours/week and up to forty (40) hours/ week) . - 18 - ` 00, C. Appointments to "Reduced Hours Positions" shall be processed on a regular Personnel Action form which shall designate the num- ber of hours to be worked. Annually there shall be a review of the average hours worked. D. Employees in "Reduced Hour Positions" shall be given consid- eration to all full time positions before consideration of other hiring to fill full time positions. E. City may create such positions. Employees may volunteer to occupy such positions. No permanent forty (40) hour employee may be required to accept a less hours/week position. ARTICLE 43 - JOB SHARING Subject to Civil Service hiring requirements, City may allow em- ployees to job share one permanent position on a volunteer basis. Such positions are subject to the provisions of this Memorandum of Understanding provided however that the City paid health and dental premiums or equivalent thereof, shall cover the one posi- tion for employee only. These employees shall have their pay calculated on an hourly basis and shall accrue vacation/holiday/ sick leave proportional to regular hours worked. Designated hourly wage shall be equally reduced for each employee by the amount required to pay for the second benefit package. ARTICLE 44 - CHECK CASHING Employees are encouraged to utilize the City's ability to "Direct Deposit" paychecks to the bank of the employee's choice. ARTICLE 45 - SCHEDULING FOR GENERAL SERVICES AND PUBLIC WORKS A. The General Services Coordinator's schedule shall be deter- mined by the needs of the Department. B. Public works employees working in field operations shall work a 9/80 schedule unless otherwise modified by mutual agreement between the City and Union. ARTICLE 46 - RETIREMENT A. Employees covered by this agreement shall be afforded the miscellaneous retirement plan offered by P.E.R.S. 2% at 60 plan, one year highest compensation, as in effect on September 1, 1988. B. The City shall assume all of the employee retirement cost (P.E.R.S.). - 19 - C. Effective September 1, 1991 any employee covered by this agreement will be eligible, upon service retirement from this City, for a medical supplement. Said supplement shall be in the following amount: 1. For service retirement at age fifty-five (55) with a mini- mum of ten (10) years continuous service with the City, a $40.00 (or cost of policy whichever is less) per month medical insurance supplement. 2. For service retirement at age fifty-five ( 55 ) with a mini- mum of twenty (20) years continuous service, a $60.00 (or cost of policy whichever is less) per month medical insurance supplement, provided, however, that no currently retired employee shall have a benefit amount less than they are currently receiving as of August 31, 1991. 3. Said supplement shall commence with the first month follow- ing the employee's service retirement in which the employee is responsible for payment of the insurance premium. 4. In order to be eligible for medical supplement payments, an employee must either remain on a medical insurance plan offered by the City or provide proof of coverage on a self procured medi- cal insurance plan. 5. Any payments made by the City shall be made directly to a N%W11 medical insurance provider. In no case will payments be made directly to an individual. 6. If an employee who has taken a service retirement, and is receiving a benefit under this article, later applies for and receives a disability retirement, all payments advanced under this Article shall be reimbursed to the City. 7. Any employee receiving a benefit under this article agrees to apply for,'and enroll in, any Federal and/or State medical insurance plan (e.g. Medicare, Medicaid, etc.) for which they may become eligible. ARTICLE 47 - DEFERRED COMPENSATION Each Union Member, individually, may elect to participate in the Deferred Compensation Plan's established and adopted by the City of Hermosa Beach. ARTICLE 48 - CITY/UNION MEETINGS A. Commencing September 1, 1991, it is agreed that the Manage- ment Team will meet with the Union Representative when requested ,"or, by the Union to best effect implementation of this document. - 20 - B. City agrees to meet and consult during the term of this agreement to discuss each City Department's current absenteeism policy. The intent of these discussions is to initiate a process leading toward formulation and development of a uniform, city- wide absenteeism policy. ARTICLE 49 - DISCIPLINE, SUSPENSION, DISCHARGE A. The City understands the value of progressive discipline and will endeavor to incorporate that procedure in it's disciplinary policy. Therefore, as a guideline, the City will endeavor to adhere to the following progressive disciplinary procedure: 1. Written Notice(s) 2. Written reprimand(s) 3. Suspension(s) 4. Demotion/Reduction in pay 5. Termination B. The above procedure will be used only as a guideline and will apply to all of the Union's classifications and positions. C. Appeals of discipline shall be governed by the provisions of Article 16. `•..l ARTICLE 50 - LAYOFF A. It is mutually agreed that whenever, in the judgement of the City Council, it becomes necessary to abolish positions in the interest of economy or because the necessity for the position no longer exists, the City Council may abolish any position or em- ployment in the competitive service and the personnel officer shall layoff, demote or transfer employees thereby affected. B. The City shall give such employees not less than two (2) weeks advance notice of separation and reason therefore. C. Layoff shall be made within classes of positions and all pro- visional employees in the affected class or classes shall be laid off prior to the layoff of any probationary employee; all proba- tionary employees in the affected class or classes shall be laid off prior to the layoff of any permanent employee in the affected class or classes and such layoff shall be by seniority. D. The criterion used in determining the order of separation shall be seniority. Seniority is defined as the total time worked within one's current classification. Wherever seniority in classification is equal, the following criteria shall be ap- plied in the order below: Iftow, 1) Total city service 2) Relative position 3) Drawing of lots on the certified eligibility list - 21 - E. The seniority date shall be the date of permanent appointment from a Certified Civil Service List. For those employees who have served in their current classification prior to 1981, the seniority date will be the date of appointment via personnel action. F. Date of hire shall include all City service including CETA and FEEA time but not part time/no benefit service. G. Seniority shall not include the time which was terminated by voluntary resignation from the competitive service, layoff, leave of absence or suspension from the competitive service but shall include time served on military leave of absence. H. When a layoff affects a classification which crosses depart- ment lines, the junior employee in said classification shall receive the layoff regardless of department as outlined in para- graphs D, E and F. I. It is further agreed that in the event the City should con- tract with the Sheriff's Department for police services and/or Parking Enforcement/Animal Control, the Union shall receive six (6) months advance written notice prior to the effective date of any such change. ARTICLE 51 - RETURN TO WORK FROM LAYOFF A. It is mutually agreed that the names of probationary and per- manent employees laid off shall be placed upon an eligibility list for classes which, in the opinion of the City Manager, re- quire essentially the same qualifications and duties and respon- sibilities as those of the class of position from which the layoff was made B. Names of persons laid off shall be placed at the top of eligibility lists in order of their seniority and shall remain on such lists for a period of two years unless re-employed by the City. The result being, by classification, the last employee laid off shall be the first rehired. C. In the event that an employee on a rehire list is offered a position in the classification from which they were laid off and does not accept said position, then their name shall be removed from all re-employment lists. Acceptance of temporary employment does not affect eligibility on permanent re-employment list. D. In the event that an employee on a rehire list is offered a position in a lower classification from which he/she was laid off and does not accept said position, his/her name shall be removed from the lower classification rehire list but will remain on the higher classification list. - 22 - E. Employees hired from the re-employment list into a clas- sification lower than the classification in which they were laid 1%Wd off shall have their names maintained on the re-employment list for the higher classification until said re-employment list expires. F. Notices of recall from layoffs shall be by return -receipt - requested mail and shall specify the date for reporting to work which shall not be more than two (2) weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and delivery or attempted delivery is certified by postal service. Notice of recall will also be forwarded to the recognized bar- gaining agent. Employees to be laid off shall submit to the Per- sonnel office their current address at the time of separation. Upon receiving notice, the person on layoff shall have five (5) days to accept or decline the recall opportunity. G. Any employee failing to respond in writing within five (5) days of recall, or failing to report on the prescribed date within the two (2) week maximum, waives all remaining rights to recall on all re-employment lists. The City will proceed to the next senior person until recall needs are met or the list(s) is exhausted. H. Upon recall from lay-off, all accruals will be based on criteria set forth in Article 53 Layoff, paragraphs E, F and G. ARTICLE 52 - REDUCTION IN LIEU OF LAYOFF A. It is mutually agreed that an employee whose position is abolished shall be permitted to drop back into the next lower classification within his/her department and continue in service provided he/she is qualified to perform the duties of the lower classification. The layoff, if any, shall be made in the lowest grade in the department of the employee having the least seniority. B. In the case of reduction of any employee in the City Service to a class with a lower pay range such employee's salary shall be reduced to a pay step in the lower range corresponding to less than one step in dollar amount below that which he held in the higher class before such reduction. C. For purposes of future step advancement, accrued time in the higher classification step shall be retained. ARTICLE 53 - MILITARY LEAVE PAY Employees shall not receive a salary from the City while on mili- tary leave. Any current employee who has utilized military leave since January 1, 1984 or has enlisted prior to January 1, 1986, shall be eligible to receive his/her salary from the City while on military leave in accordance with past practice. - 23 - ARTICLE 54 - JURY DUTY The City will not provide jury duty leave pay to employees. If the State or Federal Court jury commissioners change, amend, al- ter, or otherwise rescind their present policy of granting exemp- tions from jury service to persons who do not receive jury duty pay from their employer, so as to require jury service despite the absence of jury duty pay from such employer, then the City's practice of paying the City's full salary if jury pay is returned to the City shall be reinstated effective immediately upon the first implementation of such changed exemption policy with respect to all personnel in classifications in this bargaining unit. The City and the Union agree that jury duty pay shall be paid at the same rate as the employee salary. Employees are not prohibited from using paid vacation or compensatory time in order to participate in jury duty. ARTICLE 55 - SELECTION OF INDUSTRIAL ACCIDENT DOCTOR OR MEDICAL FACILITY AND CONTINUATION OF HEALTH BENEFITS A. It is understood that the City will provide medical facili- ties to be used for industrial accidents or illness. However, in the event the union members covered by this MOU wish to grieve the City's selection, the City will give due consideration to the facts presented and may select a new facility. S"Op,, B. Effective September 1, 1988 an employee who suffers an injury -on -duty on or after that date will continue to have pay- ment of the City's portion of all Health Insurance premiums paid for a period of seven (7) full months commencing with the month in which the injury occurred. C. Nothing herein shall prevent an employee from utilizing their accrued time in lieu of receiving temporary disability payments under the provisions of the Workers' Compensation laws of the State of California. ARTICLE 56 - FURTHER STUDIES The City and Union jointly recognize that certain matters need further study and development during the term of this MOU. It is therefore agreed that the following matters will be addressed: 1. Parking fees/Employee parking. 2. Smoking prohibition for City facilities. 3. Physical fitness program. 4. Drug/Alcohol policy regarding reporting for duty under the influence and use of alcohol during working hours. ARTICLE 57 - CODE OF ETHICS The Union acknowledges and supports the Code of Ethics as adopted by the City on May 14, 1991 - 24 - y s./ ARTICLE 58 - TERM OF CONTRACT This Agreement shall commence September 1, 1991 and continue un- til midnight August 31, 1993. IN WITNESS WHEREOF, the parties hereto cause this Agreement to be executed this jMt, day of October 1991. CALIFORNIA TEAMSTERS PUBLIC PROFESSIONAL & MEDICAL EMPLOYEES UNIOONN,, LOCAL 911 Mt Chaplin, usin"ss Agent .99 P Michael Flaherty, Uhjon Steward Viyqinia Elledge, Unioil Steward contract/mouadm3 - 25 - CITY OF HERMOSA BEACH evin B. Northcp&ft City Manager 444'��Cva�z Robert A. Blackwood Personnel Director Michael Lav n Commander Hermosa Beach Police Dept. EXHIBIT A ADMINISTRATIVE EMPLOYEES BARGAINING UNIT EFFECTIVE SEPTEMBER 1, 1991 A B C D E DEPUTY CITY ENGINEER 3571 3750 3937 4134 4341 ASSISTANT ENGINEER 2890 3035 3186 3346 3513 PLANNING ASSOCIATE 2890 3035 3186 3346 3513 PUBLIC WORKS SUPERINTENDENT 2890 3035 3186 3346 3513 SENIOR BUILDING INSPECTOR 2890 3035 3186 3346 3513 COMPUTER SYSTEMS MANAGER 2876 3020 3171 3330 3496 POL. REC. ADMIN/SYS MANAGER 2876 3020 3171 3330 3496 GENERAL SERVICES COORDINATOR 2876 3020 3171 3330 3496 CITATION RECORDS ADMINISTRATOR 2592 2721 2857 3000 3150 SECRETARY TO THE CITY MANAGER 2398 2518 2644 2776 2915 RECREATION SPECIALIST 2386 2505 2630 2762 2900 CABLE TV/PUB INFO COORDINATOR 2346 2464 2587 2716 2852 Saw, ADMINISTRATIVE AIDE 2234 2346 2464 2587 2716 DEPUTY CITY CLERK 2234 2346 2464 2587 2716 SECRETARY TO DEPT. DIRECTOR 2234 2346 2464 2587 2716 — 26 — EXHIBIT Al ADMINISTRATIVE EMPLOYEES BARGAINING UNIT EFFECTIVE MARCH 1, 1992 A B C D E DEPUTY CITY ENGINEER 3678 3862 4055 4258 4471 ASSISTANT ENGINEER 2977 3125 3282 3446 3618 PLANNING ASSOCIATE 2977 3125 3282 3446 3618 PUBLIC WORKS SUPERINTENDENT 2977 3125 3282 3446 3618 SENIOR BUILDING INSPECTOR 2977 3125 3282 3446 3618 COMPUTER SYSTEMS MANAGER 2963 3111 3266 3430 3601 POL. REC. ADMIN/SYS MANAGER 2963 3111 3266 3430 3601 GENERAL SERVICES COORDINATOR 2963 3111 3266 3430 3601 CITATION RECORDS ADMINISTRATOR 2670 2803 2943 3090 3245 SECRETARY TO THE CITY MANAGER 2470 2593 2723 2859 3002 RECREATION SPECIALIST 2457 2580 2709 2845 2987 CABLE TV/PUB INFO COORDINATOR 2417 2538 2665 2798 2938 s"ov, ADMINISTRATIVE AIDE 2301 2416 2537 2664 2797 DEPUTY CITY CLERK 2301 2416 2537 2664 2797 SECRETARY TO DEPT. DIRECTOR 2301 2416 2537 2664 2797 27 — 5/40 HOLIDAY SCHEDULE 1991 ACTUAL DATE HOLIDAY DATE OBSERVED New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve hol5a Tue., Jan 01 Mon., Jan 21 Mon., Feb 18 Mon., May 27 Thu., Jul 04 Mon., Sep 02 Mon., Nov it Thu., Nov 28 Tue., Dec 24 Wed., Dec 25 Tue., Dec 31 - 28 - EXHIBIT 11811 Page 1 of 3 pages Tue., Jan 01 Mon., Jan 21 Mon., Feb 18 Mon., May 27 Thu., Jul 04 Mon., Sep 02 Mon., Nov 11 Thu., d Nov 28 Fri., Nov 29 Tue., Dec 24 Wed., Dec 25 Tue., Dec 31 HOURS 8 8 8 8 8 8 8 8 8 5 EOW 8 5 EOW b..' 114 ✓ EXHIBIT "BIN Page 2 of 3 pages 5/40 HOLIDAY SCHEDULE 1992 ACTUAL DATE HOLIDAY DATE OBSERVED New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve hol5b Wed., Jan 01 Mon., Jan 20 Mon., Feb 17 Mon., May 25 Sat., Jul 04 Mon., Sep 07 Wed., Nov it Thu., Nov 26 Thu., Dec 24 Fri., Dec 25 Thu., Dec 31 - 29 - Wed., Jan 01 Mon., Jan 20 Mon., Feb 17 Mon., May 25 Fri., Jul 03 Mon., Sep 07 Wed., Nov 11 Thu., Nov 26 Fri., Nov 27 Thu., Dec 24 Fri., Dec 25 Thu., Dec 31 HOURS 8 8 8 8 8 8 8 8 8 5 EOW 8 5 EOW `1400, 5/40 HOLIDAY SCHEDULE 1993 HOLIDAY New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve hol5c EXHIBIT 11811 Page 3 of 3 pages ACTUAL DATE DATE OBSERVED Fri., Jan 01 Mon., Jan 18 Mon., Feb 15 Mon., May 31 Sun., Jul 04 Mon., Sep 06 Thu., Nov 11 Thu., Nov 25 Fri., Dec 24 Sat., Dec 25 Fri., Dec 31 - 30 - Fri., Jan 01 Mon., Jan 18 Mon., Feb 15 Mon., May 31 Mon., Jul 05 Mon., Sep 06 Thu., Nov 11 Thu., d Nov 25 Fri., Nov 26 Thu., Dec 23 Fri., Dec 24 Thu., Dec 30 HOURS 8 8 8 8 8 8 8 8 8 5 EOW 8 5 EOW `W41 4/40 HOLIDAY SCHEDULE 1991 EXHIBIT 11B1" Page 1 of 3 pages hol4a `"or, - 31 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 10 Martin Luther King's Mon., Jan 21 Mon., Jan 21 10 Birthday President's Day Mon., Feb 18 Mon., Feb 18 10 Memorial Day Mon., May 27 Mon., May 27 10 Independence Day Thu., Jul 04 Thu., Jul 04 10 Labor Day Mon., Sep 02 Mon., Sep 02 10 ,,� Veteran's Day Mon., Nov 11 Mon., Nov,, ll 10 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 10 Christmas Day Wed., Dec 25 Wed., Dec 25 10 hol4a `"or, - 31 - EXHIBIT 11B1" Page 2 of 3 pages 4/40 HOLIDAY SCHEDULE 1992 hol4b - 32 - ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 10 Martin Luther King's Mon., Jan 20 Mon., Jan 20 10 Birthday President's Day Mon., Feb 17 Mon., Feb 17 10 Memorial Day Mon., May 25 Mon., May 25 10 Independence Day Sat., Jul 04 Admin/Comp Earned 10 A/C Labor Day Mon., Sep 07 Mon., Sep 07 10 Veteran's Day Wed., Nov 11 Wed., Novy*ll 10 Thanksgiving Day Thu., Nov 26 Thu., Nov 26 10 Christmas Day Fri., Dec 25 Admin/Comp Earned 10 A/C hol4b - 32 - EXHIBIT 11B1" Page 3 of 3 pages 4/40 HOLIDAY SCHEDULE 1993 HOLIDAY ACTUAL DATE DATE OBSERVED HOURS New Year's Day Fri., Jan 01 Admin/Comp Earned 10 A/C Martin Luther King's Mon., Jan 18 Mon., Jan 18 10 Birthday President's Day Mon., Feb 15 Mon., Feb 15 10 Memorial Day Mon., May 31 Mon., May 31 10 Independence Day Sun., Jul 04 Admin/Comp Earned 10 A/C Labor Day Mon., Sep 06 Mon., Sep 06 10 Veteran's Day Thu., Nov it Thu., Novoll 10 Thanksgiving Day Thu., Nov 25 Thu., Nov 25 10 Christmas Day Sat., Dec 25 Admin/Comp Earned 10 A/C hol4c - 33 - EXHIBIT 118211 Page 1 of 3 pages 9/80 INA'' HOLIDAY SCHEDULE 1991 ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 9 Martin Luther King's Mon., Jan 21 Mon., Jan 21 9 Birthday President's Day Mon., Feb 18 Mon., Feb 18 9 Memorial Day Mon., May 27 Mon., May 27 9 Independence Day Thu., Jul 04 Thu., Jul 04 9 Labor Day Mon., Sep 02 Mon., Sep 02 9 Veteran's Day Mon., Nov it Mon., Nov 11 9 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 9 Fri., Nov 29 8 Christmas Eve Tue., Dec 24 Tue., Dec 24 1 EOW Christmas Day Wed., Dec 25 Wed., Dec 25 9 9/80 "B" HOLIDAY SCHEDULE 1991 ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Tue., Jan 01 Tue., Jan 01 9 Martin Luther King's Mon., Jan 21 Mon., Jan 21 9 Birthday President's Day Mon., Feb 18 Mon., Feb 18 9 Memorial Day Mon., May 27 Mon., May 27 9 Independence Day Thu., Jul 04 Thu., Jul 04 9 Labor Day Mon., Sep 02 Mon., Sep 02 9 Veteran's Day Mon., Nov 11 Mon., Nov 11 9 Thanksgiving Day Thu., Nov 28 Thu., Nov 28 9 Fri., Nov 29 9 Christmas Eve Tue., Dec 24 Tue., Dec 24 4.5 EOW �.►' Christmas Day Wed., Dec 25 Wed., Dec 25 9 New Year's Eve Tue., Dec 31 Tue., Dec 31 4.5 EOW hol9a - 34 - EXHIBIT 11B211 Page 2 of 3 pages 9/80 "A" HOLIDAY SCHEDULE 1992 ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 9 Martin Luther King's Mon., Jan 20 Mon., Jan 20 9 Birthday President's Day Mon., Feb 17 Mon., Feb 17 9 Memorial Day Mon., May 25 Mon., May 25 9 Independence Day Sat., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 07 Mon., Sep 07 9 Veteran's Day Wed., Nov 11 Wed., Nov 11 9 Thanksgiving Day Thu., Nov 26 Thu., Nov 26 9 Fri., Nov 27 8 Christmas Eve Thu., Dec 24 Thu., Dec 24 2 EOW Christmas Day Fri., Dec 25 Fri., Dec 25 8 9/80 "B" HOLIDAY SCHEDULE 1992 ACTUAL DATE HOLIDAY DATE OBSERVED HOURS New Year's Day Wed., Jan 01 Wed., Jan 01 9 Martin Luther King's Mon., Jan 20 Mon., Jan 20 9 Birthday President's Day Mon., Feb 17 Mon., Feb 17 9 Memorial Day Mon., May 25 Mon., May 25 9 Independence Day Sat., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 07 Mon., Sep 07 9 Veteran's Day Wed., Nov 11 Wed., Nov it 9 Thanksgiving Day Thu., Nov 26 Thu., Nov 26 9 Fri., Nov 27 9 Christmas Eve Thu., Dec 24 Thu., Dec 24 5 EOW Christmas Day Fri., Dec 25 Admin/Comp Earned 8 A/C New Year's Eve Thu., Dec 31 Thu., Dec 31 5 EOW hol9b - 35 - mss' 9/80 HOLIDAY EXHIBIT "82" Page 3 of 3 pages '$A" HOLIDAY SCHEDULE 1993 ACTUAL DATE DATE OBSERVED HOURS New Year's Day Fri., Jan 01 Admin/Comp Earned 8 A/C Martin Luther King's Mon., Jan 18 Mon., Jan 18 9 18 Birthday Birthday President's Day Mon., Feb 15 Mon., Feb 15 9 Feb Memorial Day Mon., May 31 Mon., May 31 9 Memorial Day Independence Day Sun., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 06 Mon., Sep 06 9 Earned Veteran's Day Thu., Nov 11 Thu., Nov it 9 Mon., Thanksgiving Day Thu., Nov 25 Thu., Nov 25 9 Nov 11 Thu., Nov Fri., Nov 26 8 Thanksgiving Day Christmas Eve Fri., Dec 24 Fri., Dec 24 3 EOW Christmas Day Sat., Dec 25 Admin/Comp Earned 8 A/C 9/80 "B" HOLIDAY SCHEDULE 1993 Christmas Day Sat., Dec 25 ACTUAL Earned DATE A/C New Year's Eve Fri., HOLIDAY DATE Fri., OBSERVED HOURS New Year's Day Fri., Jan 01 Fri., Jan 01 9 Martin Luther King's Mon., Jan 18 Mon., Jan 18 9 Birthday President's Day Mon., Feb 15 Mon., Feb 15 9 Memorial Day Mon., May 31 Mon., May 31 9 Independence Day Sun., Jul 04 Admin/Comp Earned 9 A/C Labor Day Mon., Sep 06 Mon., Sep 06 9 Veteran's Day Thu., Nov 11 Thu., Nov 11 9 Thanksgiving Day Thu., Nov 25 Thu., Nov 25 9 Christmas Eve Fri., Dec 24 Thu., Dec 23 6 EOW Christmas Day Sat., Dec 25 Admin/Comp Earned 8 A/C New Year's Eve Fri., Dec 31 Fri., Dec 31 5 EOW hol9b - 36 - -T- SINin BRIN IVOUVa saaao'ldKZ MALLYUssINTIN(M TT6 rMDOa 'NOIN a saaxozaXa 7tola3K MM rmHoissaaoxa 'olzsna xassmmx viuuoalgto Hoyaa VOOK RK dio ASID axs maaAsaa oximmssxaaun ao Knawtuoxax £66T 'T£ IWIWIT - T66T 'T HROM aas axs os rmixamzaans v Vr Effective September 1, 1992, Article 35 of the Memorandum of Understanding, Administrative Bargaining Unit, is amended to include the following language: C. The City and Union have met and conferred regarding a wage increase for the period September 1, 1992 through August 31, 1993. The parties have agreed that there shall be no wage increase for the stated period. The parties further agree to meet and confer to establish a wage increase, if any, prior to the expiration of this agreement should the City negotiate any wage increase to another bargaining unit which is currently, as of the date of this supplemental, in contract negotiations. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute this Supplemental Memorandum of Understanding this -74- day of 3Pk(,3L)42ti Hi -3 , !992 Frederick R. Ferrin City Manager City of Hermosa Beach 4ortaine L. Lof 1 Business Representat' e California Teamster Public, Professional & Medical Employees Union, Local 911. - 1 -