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HomeMy WebLinkAbout2007 066 CC RESO2007 066 CC RESOHÄ—@¸—áµÍ«RESOLUTION NO. 2007- 066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION CEA) YEARS 2007 2008 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the General Unit of Clerical Employees Association to make equitable adjustments to wages and other terms and conditions of employment, and WHEREAS, a Memorandum of Understanding prepared by said representat-•,es ias L e n presented to the City Council for ratification, and WHEREAS, a majority of the unit members from this group v!,`.;,; approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin Park's Chief Executive Officer and Human Resources Manager to sign the Memorandum of Understanding between the General Unit of Clerical Employees Association and the City of Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the General Unit of Clerical Employees Association is hereby effective for the period of July 1, 2007 through June 30, 2008. SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. PASSED AND APPROVED this 17th day of 0 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«RESOLUTION NO. 2007- 066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION CEA) YEARS 2007 2008 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the General Unit of Clerical Employees Association to make equitable adjustments to wages and other terms and conditions of employment, and WHEREAS, a Memorandum of Understanding prepared by said representatives has been presented to the City Council for ratification, and WHEREAS, a majority of the unit members from this group voted to approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin Park's Chief Executive Officer and Human Resources Manager to sign the Memorandum of Understanding between the General Unit of Clerical Employees Association and the City of Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the General Unit of Clerical Employees Association is hereby effective for the period of July 1, 2007 through June 30, 2008. SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. PASSED AND APPROVED this 17th day of October, 2007. Manuel Lozano Mayor BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 17th day of October 2007, by the following vote: AYES: COUNCIL MEMBERS: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marle. Garcia and Mayor Manuel r'17arlo Nt9t" COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COL%OLMEMBERS: NONE LAURA M. NIETO DEPUTY CITY CLERK GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 17th day of October 2007, by the following vote: AYES: COUNCIL MEMBERS: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE LAURA M. NIETO DEPUTY CITY CLERK GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING 2007-2008 BY AND BETWEEN THE GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION AND THE CITY OF BALDWIN PARK Page 3 This Memorandum of Understanding has been prepared pursuant to Government Code Sections 3500 through 3570 as amended, which is generally referred to as the Meyers-Milias-Brown Act. This agreement has been developed as a result of the requests of the General Unit of Clerical Employees Association. The items in this agreement are subject to the approval of the City Council of the City of Baldwin Park and will be placed into effect upon the adoption of the necessary ordinances, resolutions or motions by the City Council, if acceptable to them, in accordance with the terms and conditions hereinafter set forth. The parties agree that the provisions contained herein shall be subject to all applicable laws and covers the period of July 1, 2007 through June 30, 2008, unless otherwise provided. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 4 Section 1 Rights and Recognition Recognition The City hereby recognizes the General Unit of Clerical Employees Association as the representative of the employee representation unit consisting of the classifications set forth in Section 5(c) of Resolution No. 98-45. Management Rights All management rights and functions except those which are clearly and expressly limited in this Memorandum of Understanding shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to: 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, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, or subdivisions thereof. 7. Determine services to be rendered. 8. Determine the layout of buildings and equipment and materials to be used therein. 9. Determine processes, techniques, methods, and means of performing work. 10. Determine the size, character and use of inventories. 11. Determine 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 judgment 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. GENERAL UNIT OF CLERICAL EMPLOYEE'S ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 5 23. Determine the kinds and numbers of personnel necessary. 24. Determine the methods and means by which such 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 classification. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any necessary action to carry out the mission of the City in cases of an emergency. 29. Prescribe a uniform dress to be worn by designated employees. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this contract, and then only to the extent such specific and express terms are in conformance with law. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above-described rights of the City is not subject to the grievance provision unless such dispute is otherwise grievable under another Article of this agreement. 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 management's rights shall impact on employees in the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon request by the Association, 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 or in Personnel Rules and Salary Resolutions. Association Stewards Functions and Responsibilities of Stewards The City agrees to grant reasonable access to employee work locations of officially designated stewards for the purpose of processing grievances in accordance with this Memorandum of Understanding. Each steward, upon notification to his/her immediate supervisor, may be permitted to leave his/her regular work location during working hours, for reasonable periods of time to perform the following functions with pay: 1. To represent to a supervisor, a request for a grievance which the steward has been requested by any employee, or group of employees, to present to such a supervisor. 2. Investigate any request for adjustment of grievance in the steward's division, and present such request for adjustment to the supervisor of the employee who initiated the grievance request. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 6 3. Attend meetings with management when the steward's presence is necessary to present the grievance for adjustment. Steward Appointments 1. The Association may be represented by one Shop Steward in each of the following areas: a. City Hall One 1) Representative) 2. The Association agrees that only one steward may represent an employee at one time. 3. Stewards shall be selected in such a manner as the Association may determine. 4. The Association shall notify the City in writing of the names of all stewards who are authorized to represent the employees in the bargaining unit. Job Safety by Steward No steward shall leave his/her job or area of assignment while his/her presence is necessary for the safe and effective operation of his/her job; the determination to be made by the steward's immediate supervisor or appointing authority. Reporting Each steward shall report to his/her supervisor the time leaving his/her work location to perform such duties as set forth herein. The steward shall report to the supervisor immediately upon completion of these duties. Management Responsibility When the presence of a steward is desired by an employee, or group of employees, for the presentation, investigation, and/or adjustment of a grievance and/or dispute, the employee or group of employees shall make a request to their immediate supervisor. The supervisor shall arrange for a steward to be present as soon as possible, consistent with safe and efficient operating requirements. Notification of Other Supervisors Prior to entering any area in the fulfillment of their duties set forth herein, the steward shall notify the supervisor of that area of his/her presence and the reason for his/her business in that area. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 200712008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµ Í«Resolution No. 2007-066 Page 7 Discrimination 1. The City agrees that steward shall not be hindered, coerced, restrained or interfered with in the performance of their duties and responsibilities provided in the Memorandum of Understanding. 2. The Association understands and agrees that each steward is employed to perform full-time work for the employer and that each steward will not leave his/her work location during working hours, unless he/she gains permission from his/her immediate supervisor. 3. The Association and the employer agree hereto that each will cooperate with the other and reduce to a minimum the actual time spent by stewards in the performance of their duties under this Memorandum of Understanding. Savings Clause This Memorandum of Understanding is subject to all applicable Federal, State and City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City Council. If any part or provision(s) of this Memorandum of Understanding is in conflict or inconsistent with such applicable provision(s) of Federal, State or City laws, ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision(s) shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. The parties shall enter the Meet and Confer process immediately for the purpose of arriving at a mutually satisfactory replacement of such part or provision. No Strike No Lockout A. Prohibited Conduct Section 1. The Association, its officers, agents, representatives and/or members agree that during the term of this agreement, or until such time as impasse procedures, if any, are completed, they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action by withholding or refusing to perform service. Section 2. The City agrees that it shall not lock out its employees during the term of this agreement. The term lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this agreement or applicable ordinance or law. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 200712008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµ Í«Resolution No. 2007-066 Page 8 Section 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to termination by the City. Section 4. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith to perform all responsibilities listed below in Section 1, Association Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Resolution, this Memorandum of Understanding, including, but not limited to, suspension of recognition of the Association, grievance procedure, right of access, check-off, the use of the City's bulletin boards, and facilities. B. Association Responsibility Section 1. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Association or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful, and they should immediately cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct and return to work. They themselves must also return to work. Section 2. If the Association performs all of the responsibilities set forth in Section 1 above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this agreement in violation of Section 1 above. Full Understanding, Modifications and Waiver 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. Except as specifically provided herein, it is agreed and understood that the Association voluntarily and unqualifiedly waives its rights, and agrees that the City shall not be required to negotiate with respect to any subject or matter covered herein during the term of this agreement. Nothing contained herein shall preclude the parties from mutually agreeing to meet and confer. 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. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµ Í«Resolution No. 2007-066 Page 9 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. Section 2 Fair Labor Standards Act Provisions Work Period The work period for all employees within the bargaining group shall be seven 7) days in length commencing on Sunday, June 16, 1985 at 12:01 a.m. Overtime A. All employees, required to perform in excess of the standard work period of forty 40) hours in a seven 7) day cycle shall receive compensation at the rate of time and one-half his/her regular rate of pay. The regular rate of pay shall include bilingual pay. 0 B. In lieu of receiving cash payment for hours worked in excess of forty 40) hours during the seven 7) day work period, an employee may elect the option of earning compensatory time, and shall have a cap of forty 40) hours placed on the accrual of compensatory time off. The time during which an employee may take his/her compensatory time shall be approved by the appointing authority with due regard for the wishes of the employee and for the needs of the service. Upon separation from City service, an employee shall be compensated for all accrued compensatory time of forty 40) hours or less at his/her straight time hourly base rate. C. In determining an employee's eligibility for overtime compensation in a work period, paid leaves of absences and unpaid leaves of absences shall be excluded from the total hours worked. Paid leave of absences include, but are not limited to, the following: Vacation Sick Leave Jury Duty Administrative Leave Bereavement Leave Compensatory Leave Military Leave Worker's Compensation Leave Holiday Leave D. All overtime requests must have the priorwritten authorization of a supervisor prior to the commencement of such overtime work. Where priorwritten authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµ 2007 066 CC RESOHÄ—@¸—áµ Í«Resolution No. 2007-066 Page 11 The City does agree however, that should 9/80 experimental work schedule be terminated, that benefit levels/accruals and working conditions that were modified to accommodate the alternate work schedule(s) will revert to the levels/accruals and working conditions in existence prior to September 27, 1992. Workday Clerical Employees City Hall Employees assigned to City Hall shall have a standard workday consisting of ten and one-half 10 1/2) hours, nine hours and fifty minutes 9:50) of work time and forty 40) minutes as a non-paid unrestricted meal period. Employees will be provided two 2) ten 10) minute rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the half scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. Maintenance Facility Employees assigned to the Maintenance Sections shall have a standard Monday through Thursday workday consisting of nine and one-half 9 1/2) hours, nine 9) hours of work time and thirty 30) minutes as a non-paid unrestricted meal period. Employees shall have a standard Friday workday consisting of eight and one-half 8 1/2) hours, eight 8) hours of work time and thirty 30) minutes as a non-paid unrestricted meal period. Employees will be provided two 2) fifteen 15) minute rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the half scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. Hours of Work Section 4 Attendance and Leaves City Hall and Housing Facility Employees assigned to a 4/10 work week shall normally work Monday through Thursday, 7:30 a.m. to 6:00 p.m., however, employees may work a flexible 4/10 plan dependent upon their work assignment. Maintenance Facility Employees assigned to a 9/80 work week shall normally work Monday through Thursday, 6:30 a.m. to 4:00 p.m. and on each scheduled Friday shall work, 6:30 a.m. to 3:00 p.m., however, employees may work a flexible 9/80 plan dependent upon their work assignment. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 12 Sick Leave Effective October 1, 1994, each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at no less than 50% of the total value nor more than 75% of the total value, with the timing and methods of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Annual Sick Leave Incentive Sick leave shall accrue on an hourly basis of eight 8) hours per month and shall be debited on an hourly basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank 300, 600 or 900). At the close of the calendar year, each eligible employee will receive 50% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Vacation All affected employees shall accrue vacation leave in accordance with the following: a. Employees having less than five 5) years service with the City: 8 hours per calendar month actually worked. b. Employees having more than five 5) years but less than ten 10) years service with the City: 10 hours per calendar month actually worked. c. Employees having more than ten 10) years but less than fifteen 15) years service with the City: 12 hours per calendar month actually worked. d. Employees having more than fifteen 15) years but less than twenty 20) years service with the city: 14 hours per calendar month actually worked. e. Employees having over twenty 20) years service with the City: 16 hours per calendar month actually worked. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 13 Employees will be entitled to utilize accrued vacation leave after completion of six 6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty 40) consecutive hours vacation leave. In addition, an employee may, with approval of the department head use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two 2) vacation periods in any one calendar year for the purpose of a vacation leave with approval of the department head. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections a), b), c), d) and e), as stated above. If an employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to, and approval of the department head, an employee may be paid for any excess hours over their maximum vacation hours accrual. Each January 1, such excess hours will be removed from the employee's vacation hours accrual, calculated at their then straight time hourly rate and placed into a vacation hours bank to be paid no later than June 30 of the same year. Employees will be notified on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or credited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Holidays Clerical Employees Assigned to the 4/10 Work Schedule The following days shall be observed as holidays: January 1st; the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th, and such other days as may be designated as holidays by motion of the GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 14 City Council. If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Clerical Employees Assigned to the 9/80 Work Schedule The following days shall be observed as holidays: January 1st; the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; the day following the fourth Thursday in November; December 24th; December 25th, and such other days as may be designated as holidays by motion of the City Council. If any of the foregoing holidays falls on a Saturday, the holiday will not be observed on the preceding Friday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holidays City Hall On January 1 of each year, each affected employee will be credited with two 2) ten 10) hours of leave for a total of twenty 20) hours. Maintenance Employees on a 9/80 Work Schedule On January 1 of each year, each affected employee will be credited with two 2) nine 9) hours of leave for a total of eighteen 18) hours. Holiday Bank At the beginning of each calendar year, the City will determine how many of the above holidays fall on non-regularly scheduled work days, as determined by an employee's assigned work schedule. An employee will be credited with an equivalent number of hours of holiday time holiday bank"). On a 9/80 work schedule, an employee's assigned work schedule will determine their Friday". Fridays" are computed as an eight 8) hour work day. In the event of a holiday falling on a Friday", an employee will be credited with one 1) hour of holiday time holiday bank"). The actual date for the use of such leave shall be subject to the approval of the employee's department head. For employees working a 4/10 work schedule this leave shall be used in increments of ten 10) hours. For employees working a 9/80 work schedule this leave shall be used in increments equivalent to the work day being requested for time off, i.e., a standard nine 9) hour work day or a Friday" eight 8) hour work day. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 15 However, upon implementation by the City of accounting procedures and methods whereby use of holiday leave in increments of one 1) hour or more can be reasonable documented, affected employees shall be provided the option of using holiday leave in such amounts of time. Although the City shall endeavor in good faith to institute such an accounting process, it shall remain in the sole discretion of the City to determine when such a modified accounting can be reasonable implemented. Employees may accumulate up to a maximum of one hundred 100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee may be paid for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Bereavement Leave Each affected employee in the covered classifications shall receive the equivalent of their work week per incident, as needed, because of a death in their immediate family. Immediate family shall mean and include only: Employee's: Spouse, Children, Brothers & Sisters, Parents, Grandparents, Step- children, foster children, grandchildren, and State registered domestic partner. Spouse: Parents & Grandparents. Military Leave An employee granted military leave pursuant to Section 11.6 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employees regularly scheduled forty 40) hour work week. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 16 Jury Duty An employee granted jury duty leave pursuant to Section 11.7 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employees regularly scheduled forty 40) hour work week. Training/Conference Leave When an employee is scheduled to attend a conference or training program Monday through Friday, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue that he/she is eligible for overtime while attending the conference or training. Injury on Duty While any employee is on injury on duty status, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue that he/she is eligible for overtime while receiving treatment or keeping doctor's appointments. Section 5 Direct Wage Payments Salary Effective July 1, 2004 a Seven Step Compensation Plan 5% between steps) shall be adopted by the City Council and made a part hereof, and will be on file with the Personnel/Risk Manager or designated representative(s). Such Compensation Plan may be amended or revised at the discretion of the City Council subject to the meet and confer process. Effective July 1, 2007, the unadjusted the salary rate set forth in the City salary matrices the rates without adjustment for bonuses or any other benefits, including but not limited to City paid employee CalPers contributions) base salary rates for classifications designated as classified confidential employees shall be increased by 2.5%. Section 6 Insurance/Supplemental Wage Payments Life Insurance The City will fund term life insurance in the face amount of $50,000 effective December 1, 2004. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 17 Vision Plan Coverage The City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $32.12 per month. If the premium exceeds this amount, then the employee shall be responsible to pay the difference in excess of $32.12 Health/Dental Plan Effective during the payroll period commencing July 1, 2007, the City will contribute to each employee a sum not to exceed the $950.00/month towards benefits as detailed in this section. The employee is required to maintain a minimum coverage for him/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for two 2) party or family coverage. 2. Placement in a City provided dental plan for self, two 2) party or family coverage. 3. Placement spread over a combination of the options listed above. 4. Elect to receive any excess monies in cash, which will be considered as taxable income, or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Retirement The City will pay 100% of the employee's contribution to the P.E.R.S. retirement program and provide retirement benefits at the as currently specified under the City's contract with the Public Employees' Retirement System. The City will continue to pay the current employee's contribution of seven percent 7%) of the employee's base salary to the Public Employees' Retirement System in addition to the allocated percentages as listed below for the increase to normal cost difference between 2% 55 and 2.7% 55 retirement formulas). GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 18 Effective July 1, 2005, the City will amend the City's contract with the Public Employees' Retirement System PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous Employees and to incorporate employee shared participation towards the contributions of said retirement benefit. The employee's shared participation of contributions shall be implemented as follows: On July 1, 2005 Employees will pay 100% of the 6.766% increase to normal cost difference between 2% 55 and 2.7% 55 retirement formulas) of their base salary. The employee's cost will be reflected on the pay period ending date of July 2, 2005, pay date of July 7, 2005. On July 1, 2006 Employees will pay 5% and the City will pay 1.766% increase to normal cost difference between 2% 55 and 2.7% 55 retirement formulas) of their base salary. The employee's cost will be reflected on the pay period ending date of July 1, 2006, pay date of July 6, 2006. On June 30, 2007 Employees will pay 3% and the City will pay 3.766% increase to normal cost difference between 2% 55 and 2.7% 55 retirement formulas) of their base salary. The employee's cost will be reflected on the pay period ending date of June 30, 2007, pay date of July 5, 2007. All such employee contributions shall be deposited in the member's retirement account. Long-Term Disability The City will provide each employee with disability insurance coverage. Bilingual Pay Effective July 5, 2005, the City shall pay an additional one hundred dollars $100.00) per month to a person who is capable of speaking, reading, writing and/or interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog and signing. Determination of capability shall be made by qualifying tests established by the City. Qualifying tests established by the City shall make determination of capability. Re-testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of Good" or better will be eligible for Bi-lingual pay. Acting Pay Section 4.4 of the Personnel Rules shall be modified by this agreement to provide acting pay after twenty 20) continuous working days, from the date the employee was placed in the acting capacity. All other provisions of Section 4.4 shall remain in their GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 19 current form. This amendment of Section 4.4 shall apply only to the members of the General Unit of Clerical Employees Association. Child Care City's Latch Key program shall provide same privileges to employees as residents of Baldwin Park. Section 125 Plan is available for employees use. Section 7 Policies and Procedures Written Warnings/Reprimands Written warnings/reprimands issued pursuant to Section 14 of the Personnel Rules and Regulations shall not be subject to advisory arbitration. The final step of administrative appeal shall be the Executive Team. An employee shall have the right to attach a written rebuttal to any written warning/reprimand placed in his/her personnel file. A written warning/reprimand may be removed from an employee's personnel file, upon written request to and written approval from their department head, if he/she has not been involved in any subsequent incidents that resulted in written corrective counseling or other management action for a period of five 5) years from the date the most recent notice was issued or management action taken. Layoff Policy The parties agree to continue the 1998/99 meet and confer process on the City's current Layoff Policy, contained in Section 13 of the Personnel Rules, commencing no later than January 1, 1999. Any language changes to the current Section will be submitted by the Association prior to the commencement of the meet and confer process. Emergency Preparedness Policy The parties agree to continue the 1998/99 meet and confer process on the Emergency Preparedness Policy", including specifics as to when bargaining unit members should respond before or after their normal work shift. Personnel Rules Additions The City has drafted new or revised policies related to Workplace Harassment and Workplace Violence. The bargaining unit has had the opportunity to discuss the policies and provide their comments, to reach agreement on the language content, and agree that failure to reach agreement shall not prevent the City from unilaterally adopting these policies. Unilateral adoption by the City will not be subject to any appeal process, including the grievance process. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 20 Labor/Management Committee The City agrees to maintain a labor/management committee for discussion of general issues of mutual concern to the City and the Association. Labor/Management Health Insurance Committee During the term of the MOU the parties agree to participate in meetings, the purpose of which shall be to explore programs, which can provide coverage equal to or greater than that, which is presently available, but at a cost to both the City and the employee, which is less than the cost presently contributed by the City and/or the employee. The meetings shall not address issues regarding increased City funded contributions to the employee or employer purchased of medical/health coverage. City Safety Committee The City agrees to establish a City-wide safety committee. The establishment of the committee and selection of representatives to the committee will be accomplished through further informal discussions with the Association. Grievance Procedure Definition A grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of this City, are not within the scope of this procedure. Section 15 of the Personnel Rules shall be modified by this agreement to provide the utilization of the grievance procedure for those employees who receive performance evaluations rated at the level of marginal and/or unsatisfactory. This amendment of Section 15 shall apply only to the members of the General Unit of Clerical Employees Association. Procedure 1. Information Resolution: Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervisor. Within fifteen 15) calendar days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 21 attempt to resolve it by an informal conference with the grievant's immediate supervisor. The immediate supervisor shall respond, in writing, within 7) calendar days of the discussion with the grievant. If the immediate supervisor does not respond within such time lime the grievant shall be entitled to process the grievance to the next step. 2. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven 7) calendar days from the date of receiving the answer from his/her supervisor, request and be granted an interview with the division head, if one exists, in order to discuss the grievance. The Division Head shall schedule an interview within 5) calendar days of the grievant's request. After the interview, the Division Head shall respond, in writing, within seven 7) calendar days of the interview with the Grievant. If the Division Head does not respond within such time limit the grievant shall be entitled to process the grievance to the next step. 3. If the division head and employee cannot reach a solution to the grievance, the employee may, within seven 7) calendar days from the date of receiving the answer from the division manager, request, in writing, and be granted an interview with the appointing authority. The appointing authority, or its representative, shall schedule an interview within five 5) calendar days of the grievant's request. 4. The appointing authority shall render his/her decision in writing within fifteen 15) calendar days of receiving the appeal. If the appointing authority and employee are unable to arrive at a satisfactory solution, the employee may, within ten 10) calendar days from the date of the decision by the appointing authority, submit a written appeal to the Executive Team. 5. The Executive Team shall review the grievance and respond to the employee within twenty 20) calendar days of receiving the appeal. The response shall be in writing and will be considered an expression of management's viewpoint, and shall be the final administrative state of review. 6. If the time limits for employees' appeals at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the Executive Team fails to respond within the prescribed time limit, the grievance will be deemed to have been denied and the employee will be deemed to have exhausted his/her administrative remedy. 7. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review. Employees shall be assured freedom from reprisal for using the grievance procedure. Standard Grievance Form The City and the Association agree to create, prepare and implement a standard grievance form for use by all affected classifications represented by the Association. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 22 American's With Disabilities Act Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agreed that the provisions of this agreement may be set aside in order for the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these proposed accommodations prior to implementation. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure. Prior to setting aside any provision of this agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to set aside the provision, and will allow the Association the opportunity to discuss options to setting aside of any provision. Pre-Employment Alcohol and Drug Testing The parties agree that all new hires represented by the General Unit of Clerical Employees Association, effective the date this agreement is signed, will be subject to pre- employment alcohol and drug testing. Employment will be contingent upon the results of this testing. Alcohol and Drug Abuse Policy Purpose It is the purpose of this policy to eliminate substance abuse and its effects in the workplace and to ensure that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. Policy It is the City's policy that employees shall not be under the influence of or in possession of alcohol or drugs while on City property, at work locations, or while on duty; shall not utilize such substances when they have a reasonable expectation of call in for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 23 while on duty; nor have their ability to work impaired as a result of the use of alcohol or drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her supervisor, before beginning work, when taking medications or drugs including the possible effects of taking such medication and drugs) which could foreseeably interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from their physician may be required. The City is committed to providing reasonable opportunity for rehabilitation for those employees whose drug or alcohol problem classifies them handicapped under federal and/or state law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their position, or whose use constitutes a direct threat to property or the safety of others, are not considered handicapped under federal or state law. Application This policy applies to all employees of the City of Baldwin Park. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. Employee Responsibilities An employee must: 1. Refrain from the use of, or possession of, illegal drugs or narcotics while on duty; 2. Not report to work while his/her ability to perform job duties is impaired due to alcohol or drug use, 3. Not possess or use alcohol or impairing drugs illegal drugs and prescription drugs without a prescription) during working hours or at anytime while on City property; 4. Not directly or through a third party sell or provide illegal drugs to any person, including any employee, while either employee or both employees are on duty; 5. Notify his/her supervisor, before beginning work, when having consumed alcohol or when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of equipment; GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 24 6. Report to their supervisor of any criminal drug statute conviction no later than five 5) days after such conviction; 7. Report to the supervisor when they have knowledge of objective evidence that other employees may be under the influence of drugs or alcohol or engaging in illegal drug related activities. Employees who believe they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through their medical plans or through other resources available in their community. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. Management Responsibilities 1. Managers and supervisors are responsible for reasonable enforcement of this policy. 2. Notify the affected contract/granting agency within ten 10) days after receiving notice of any conviction. 3. Prepare and distribute to all employees, a summary of available benefits through the various health plans. Information to be distributed through the Personnel Services office. 4. To treat any cases where rehabilitation is recommended or already underway as a medical situation, subject to current medical leave policies. 5. To maintain strict confidentiality on all matters arising under the provision of this policy. Medical information, if necessitated, will be maintained by Personnel Services in separate, secured files. Information will only be shared where there is a bona fide need to know" by management in instances where referrals, rehabilitation, medical leaves, work accommodation, discipline or other employment related decisions are affected. 6. As with all policies and procedures, any incident or situation requiring management attention is expected to be given thorough and deliberate consideration before any final action is taken, especially in disciplinary cases. Decisions made on such cases under this policy will be subject to review by an individual's department head, and Personnel/Risk Manager Smoke Free Workplace Section 18, of the Personnel Rules and regulations, relating to smoking in the City workplace will be amended to read as follows: GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 24 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 25 18.1 Purpose The purpose of this policy is to set forth City Council direction in regard to smoking by City employees in City facilities and to encourage non-smoking by City employees in the workplace. This policy is necessary because such smoking is recognized as a hazard to the health of smokers and non-smokers alike. All employees must be aware of the provisions of City Council Ordinance No. 1232 which prohibits smoking by anyone in and around City-owned premises and public parks and other recreational facilities. City owned premises is defined as a building or site owned and occupied, or leased and occupied, by the City of Baldwin Park for any municipal function, and includes the entire site of the City-owned premises and all structures thereon. City owned premises shall not include any public sidewalk adjacent to the sit of City-owned premises, nor any building owned in part by the Baldwin Park Redevelopment Agency which ios also partly owned by a private individuals or Owner Participation Agreement. City-owned premises include, but are not limited to, City Hall, the City Yard, and the site occupied by the City Housing Authority. Public Park means any park, roadside rest, or other site designated by the City of Baldwin Park for any recreational purpose which is owned, managed or controlled by the City, and includes the entire site of the public park, all structures thereon, and any public sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia McNeill Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park. This policy governs all areas of city-owned buildings not considered to be public access areas and not therefore, governed by Ordinance No. 1232. These areas would include employee offices; rooms or hallways not normally open to the public, employee lounges, and kitchens, lunchrooms and employee break rooms, workstations, locker rooms, city vehicles and other common employee areas. Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar or cigarette or any other device used for the burning of tobacco or other similar combustible material, so that the person in possession thereof can inhale and exhale the smoke there from. 18.2 Policy This policy will supersede the policy effective September 7, 1989) Effective January 1, 1995, smoking in all areas of City-owned buildings and City- owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be directed to the Executive Team. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 25 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 26 18.3 Procedure The Maintenance Division shall be responsible for posting and maintaining all signs in accordance with the standards approved by the Executive Team. Signs in private offices shall be the responsibility of the office occupant. No smoking" signs shall be available from the Maintenance Division. Those managers and supervisors closest to employee work sites are hereby charged with the implementation of and compliance with this policy. The Executive Team is ultimately responsible for such implementation and compliance. The Human Resources Manager shall be responsible for updating this policy as necessary and communicating this policy to all employees. No person shall discharge, discipline or in any manner retaliate against any employee because such employee exercises any rights afforded by this policy. Limited Reopener The purpose of this reopener shall be limited to proposed modifications in existing MOU language. The reopener shall not result in any increase or decrease in compensation, but shall be utilized to address any MOU ambiguities and/or non-compensation related policies and procedures. The City shall provide written notice to the Association of its intent to invoke this section, and a description of the precise language changes that are proposed. City-proposed language changes shall not be implemented without completion of the meet and confer process and as appropriate, completion of any impasse-resolution procedures. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 26 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION abiola Salced&, Representative Singhal,'Cljief E April J Roj6t, eprese tati Leticia Lara, an Resources Manager Rosa Caballero, Representative 1o I- 01 Date CITY OF BALDWIN PARK Date GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 27 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ«Resolution No. 2007-066 Page 28 INDEX Page Preamble 3 Section 1 Rights and Recognition Recognition 4 Management Rights 4 Association Stewards 5 Steward Appointments 6 Job Safety by Steward 6 Reporting 6 Management Responsibility 6 Notification of Other Supervisors 6 Discrimination 7 Savings Clause 7 No Strike No Lockout 7 Full Understanding, Modifications, 8 and Waiver Section 2 Fair Labor Standards Act Provisions Work Period 9 Overtime 9 Section 3 Work Schedules Experimental Alternative Work Schedules 10 Workday 11 Section 4 Attendance and Leaves Hours of Work 11 Sick Leave 12 Annual Sick Leave Incentive 12 Vacation 12 Holidays 13 Floating Holidays 14 Holiday Bank 14 GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 28 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 2007 066 CC RESOHÄ—@¸—áµÍ« Resolution No. 2007-066 Page 29 Bereavement Leave 15 Military Leave 15 Jury Duty 16 Training/Conference Leave 16 Injury on Duty 16 Section 5 Direct Wage Payments Salary 16 Section 6 Insurances/Supplemental Wage Payments Life Insurance 16 Vision Plan Coverage 17 Health/Dental Plan 17 Retirement 17 Long-Term Disability 18 Bilingual Pay 18 Acting Pay 18 Child Care 19 Section 7 Polices and Procedures Written Warnings/Reprimand 19 Layoff Policy 19 Emergency Preparedness Policy 19 Personnel Rules Additions 19 Labor/Management Committee 20 Labor/Management Health Insurance Committee 20 City Safety Committee 20 Grievance Procedure 20 Standard Grievance Form 21 American's With Disabilities Act 22 Pre-Employment Alcohol and Drug Testing 22 Alcohol and Drug Abuse Policy 22 Smoke Free Workplace 24 Limited Reopener 26 GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 29 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04 Í«Resolution No. 2007-066 Page 10 An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request. Employees are cautioned not to spend excessive amounts of time at their work station before or after their normal work period or during their meal breaks. Meal breaks should be taken away from the employee's workstation. This incidental time will not be compensated in any manner whatsoever unless prior authorization of a supervisor is obtained. E. Non-mandatory attendance at training schools/facilities which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus twenty four 24) hours a day. Travel time to and from the training facility outside of an employee's normal work shift is not compensable hours of work. Section 3 Work Schedules Experimental Alternative Work Schedules The City agreed to implement an experimental 4/10 plan for all employees assigned to City Hall effective September 27, 1992. The City agreed to implement an experimental 9/80 plan for all employees assigned to the Maintenance Facility effective April 12, 1993. The Association recognizes that the City may, at its sole discretion, end the 4/10 and/or 9/80 plan upon reasonable notification to the Association. The termination of such plan(s) is not subject to the grievance process or any other administrative review. The Association recognizes that the 4/10 and/or 9/80 plan is not a vested right in any manner, and that the termination of such 4/10 and/or 9/80 plan is not subject to the meet and confer process or meet and consult process. The Association further recognizes that the implementation of the 4/10 and/or 9/80 plan does not create any additional overtime obligation for the City under the Fair Labor Standards Act. The City may adjust employees work periods as necessary so that their forty 40) hours of scheduled work does not overlap into another work period to avoid an overtime obligation. GENERAL UNIT OF CLERICAL EMPLOYEES ASSOCIATION MOU 2007/2008 BIB] 39482-U01 2007-U02 066-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO99417-U03 DO112868-U03 C6-U03 RESO-U03 1/31/2008-U04 ROBIN-U04