HomeMy WebLinkAbout2011 021 CC RESO RESOLUTION NO. 2011 - 021
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 MAINTENANCE
EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU
LOCAL 721 PROVIDING FOR EMPLOYEES REPRESENTED BY THE
GENERAL UNIT OF MAINTENANCE EMPLOYEES, SEIU LOCAL 721.
YEARS 2010- 2012
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 Maintenance Employees 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 Maintenance Employees, SEIU Local 721 and the City of
Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding (MOU) for
employees represented by the General Unit of Maintenance Employees, SEIU Local 721, is hereby
effective for the period of July 1, 2010 through January 31, 2012.
SECTION 2. That this City Council does hereby order that Exhibits "B", "C", "D", "E", and
Exhibit "F" shall be included herein as part of the General Unit of Maintenance Employees, SEIU
Local 721 MOU. Resolutions or portions thereof in conflict hereby are hereby repealed.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 M.nager.
PASSED AND APPROVED this 18th day of May, 2011. fi
Air anuel Lozan
Mayor
SEIU Local 721 Maintenance Employees MOU 2010/2012 1
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 No. 2011-021 was duly adopted by the City Council of the City
of Baldwin Park at a regular meeting thereof held on May 18, 2011 and that the same
was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS: Monica Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tern Marlen
Garcia and Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
AURA M. NIETO, CMC
DEPUTY CITY CLERK
SEIU Local 721 Maintenance Employees MOU 2010/2012
EXHIBIT A
CITY OF BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
2010 - 2012
BY AND BETWEEN
THE GENERAL UNIT OF MAINTENANCE EMPLOYEES,
S.E.I.U., Local 721
AND
THE CITY OF BALDWIN PARK
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
Maintenance Employees, City of Baldwin Park, S.E.I.U., Local 721. 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, 2010 through January 31, 2012, unless otherwise provided.
SEIU Local 721 Maintenance Employees MOU 2010/2012 3
Section 1 - Rights and Recognition
Recognition
The City hereby recognizes the General Unit of Maintenance Employees, City of Baldwin
Park, S.E.I.U., Local 721 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.
SEIU Local 721 Maintenance Employees MOU 2010/2012 4
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.
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
Union, upon request by 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 or in
Personnel Rules and Salary Resolutions.
Union 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.
3. Attend meetings with management when the steward's presence is necessary to
present the grievance for adjustment.
SEIU Local 721 Maintenance Employees MOU 2010/2012 5
Steward Appointments
1. The Union may designate a reasonable number of Union Stewards(not to exceed five
(5)).
2. The Union agrees that only one steward may represent an employee at one time.
3. A Steward may represent a grievant at all levels of the grievance procedure.
4. The City shall reschedule any grievance or disciplinary proceeding in the event that the
shop steward of the employee's choice is unable to be released by the supervisor to
attend a grievance or disciplinary proceeding.
5. Stewards shall be selected in such a manner as the Union may determine.
6. The Union shall notify the City in writing of the names of all stewards who are
authorized to represent the employees in the bargaining unit.
7. The Union shall provide the City with the names of Union Stewards within thirty days of
the execution of this contract and within thirty days of any changes in the designated
Stewards.
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.
SEIU Local 721 Maintenance Employees MOU 2010/2012 6
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 Union 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 Union 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 Union, 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.
Section 3. Any employee who participates in any conduct prohibited in Section 1
above may be subject to termination by the City.
SEIU Local 721 Maintenance Employees MOU 2010/2012 7
Section 4. In addition to any other lawful remedies or disciplinary actions available to
the City, if the Union fails, in good faith to perform all responsibilities listed below in Section 1, Union
Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Union
under the Employee Relations Resolution, this Memorandum of Understanding, including, but not
limited to, suspension of recognition of the Union, grievance procedure, right of access, check-off,
the use of the City's bulletin boards, and facilities.
B. Union Responsibility
Section 1. In the event that the Union, its officers, agents, representatives, or
members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct,the Union
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 Union 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 Union 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.
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.
SE/U Local 721 Maintenance Employees MOU 2010/2012 8
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.
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. Effective November 7, 2004, in determining an employee's eligibility for overtime
compensation in a work period, sick leave and unpaid leaves of absences shall be excluded from the
total hours worked.
D. All overtime requests must have the prior written authorization of a supervisor prior to
the commencement of such overtime work. Where prior written 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.
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 workstation 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. Call back duty occurs when an employee is ordered to return to duty on a non-regularly
SEIU Local 721 Maintenance Employees MOU 2010/2012 9
scheduled work shift. Call back does not occur when an employee is held over from his/her prior
shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be
credited with a minimum of two (2)hours work commencing one-half(1/2) hour before he/she reports
to duty. Any hours worked in excess of two (2) hours shall be credited on an hour for hour basis for
actual time worked. Travel time shall not be considered hours worked and shall not be compensated
in any manner whatsoever, however any time that involves driving after reporting to the work site will
be compensable under this Agreement. Call back duty hours will be compensated at a premium
overtime rate, irrespective of the total paid leave exclusions for the work period.
Effective July 3, 2005, an employee called back to duty shall be credited with a
minimum of three(3) hours work commencing one-half(1/2) hour before he/she reports to duty. Any
hours worked in excess of three (3) hours shall be credited on an hour for hour bases for actual time
worked.
F. Work performed at the Baldwin Park Anniversary Parade, "4th of July", Cinco de
Mayo/Open House events will be compensated at a premium overtime rate, irrespective of the total
paid leave exclusions for the work period.
G. 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.
H. Employees may be provided with a locker for their own personal convenience. An
employee may or may not utilize the locker for storage and changing purposes at his/her own
discretion.
Time spent in changing clothes before or after a shift, or during lunch, is not considered hours
worked and is not compensable in any manner whatsoever.
Section 3 - Work Schedules
Experimental Alternative Work Schedules
The City agreed to implement an experimental 9/80 plan for all employees assigned to the
Maintenance Facility effective April 12, 1993.
The Union recognizes that the City may, at its sole discretion, end the 9/80 plan upon
reasonable notification to the Union. The termination of such plan(s) is not subject to the grievance
SEIU Local 721 Maintenance Employees MOU 2010/2012 10
process or any other administrative review. The Union recognizes that the 9/80 plan is not a vested
right in any manner, and that the termination of such 9/80 plan is not subject to the meet and confer
process or meet and consult process.
The Union further recognizes that the implementation of the 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.
The City does agree however,that should the 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 - Maintenance Employees
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.
Section 4 - Attendance and Leaves
Hours of Work - Maintenance Employees
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.
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
SEIU Local 721 Maintenance Employees MOU 2010/2012 11
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
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.
Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated
shall be as follows:
1. Employees having less than five (5) years of employment (vacation accrual = 96 hours
per year), the maximum amount of vacation that may be accumulated shall be 192
hours.
SEIU Local 721 Maintenance Employees MOU 2010/2012 12
2. Employees having more than five (5) years but less than ten (10) years of employment
(vacation accrual = 120 hours per year), the maximum amount of vacation that may be
accumulated shall be 240 hours.
3. Employees having more than ten (10) years but less than fifteen (15) years of
employment (vacation accrual = 144 hours per year), the maximum amount of vacation
that may be accumulated shall be 288 hours.
4. Employees having more than fifteen (15)years but less than twenty (20) years of
employment (vacation accrual = 168 hours per year), the maximum amount of vacation
that may be accumulated shall be 336 hours.
5. Employees having more than twenty (20) years of employment (vacation accrual = 192
hours per year), the maximum amount of vacation that may be accumulated shall be
384 hours.
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 will be given an
extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time
at the request of the City, upon approval of the Chief Executive Officer or designated
representative(s), said employee shall be compensated for forfeited vacation leave time at the
employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in
advance to avoid forfeiting his or her vacation or to avoid any conflicts.
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
Maintenance Employees on a 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
SEIU Local 721 Maintenance Employees MOU 2010/2012 13
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
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) hour
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. Employees may be permitted to take holiday leave in
hourly increments.
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.
SEIU Local 721 Maintenance Employees MOU 2010/2012 14
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 one
workweek of the affected employee per incident, as needed, because of a death (a qualifying
incident) in the immediate family. Immediate family shall mean and include only the employee's
spouse, children, step-children, grandchildren, foster children, parents, brothers, sisters,
grandparents, State Registered Domestic Partner, spouse's parents, and spouse's grandparents.
Said time will not be cumulative from one twelve (12) month period to another. Further, if a full
workweek of bereavement leave is not used in connection with any one qualifying incident, the
unused, but formerly available bereavement leave shall not be converted to cash or otherwise
remain available for use at any time. Bereavement leave shall not exceed a total of forty-four (44)
regular scheduled work hours, per incident.
Where a qualifying incident occurs, use of the bereavement leave shall commence not later
than two weeks after occurrence of the qualifying incident.
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.
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
SEIU Local 721 Maintenance Employees MOU 2010/2012 15
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.
Industrial Injury Benefits
Effective June 1, 2011, whenever any member of the unit represented by SEIU who is
employed on a regular,full-time basis, and is disabled,whether temporarily or permanently, by injury
or illness arising out of and in the course of his or her duties, he or she shall become entitled,
regardless of his or her period of services with the City, to a leave of absence while so disabled
without loss of salary, in lieu of temporary disability payments or maintenance allowance payments, if
any, that would be payable pursuant to the workers compensation laws, for the period of the
disability, but not exceeding one year, or until that earlier date as he or she is retired pursuant to
permanent disability pension, and is actually receiving disability pension payments. If the City
determines that during the period of time that the employee is in receipt of the benefits described
herein, the employee is capable of performing modified duties, the City shall be authorized at its
discretion, to mandate that such an employee perform the temporary modified duty position(s) as
determined by the City.
Effective June 1, 2011, any member of the unit represented by SEIU shall receive Industrial
Injury benefits as described herein; shall supersede Personnel Rule Section 11.5. An employee while
on such leave status, shall not accrue vacation and sick leave; nor shall the employee be entitled to
receive general salary increase approved for the classification as if he/she were actually performing
his/her duties.
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 Human Resources
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.
Employees who receive a minimum overall performance rating of Competent up to a
maximum overall performance rating of Superior shall be eligible to receive a one (1) step
advancement within their classification and shall be retroactive to July 1, 2004.
Those employees who are Y-rated, will also remain at their current salary level until such time as the
established salary for their assigned classification equals or exceeds their current salary, after which
they will be eligible for salary increases, as may be granted.
SEIU Local 721 Maintenance Employees MOU 2010/2012 16
Section 6 - Insurance/Supplemental Wage Payments
Life Insurance
The City will provide term life insurance in the face amount of$50,000 effective November 1,
2004.
Vision Plan Coverage
The City will provide a vision plan to all affected employees, and will contribute up to a
maximum premium cost of$34.05 per month. Any premium increase in excess of$34.05 per month
shall be absorbed by the employee.
Health Insurance
Effective July 3, 2005, the City will pay up to a maximum of $618.00 per month, towards a
current available City provided health plan of the employee's choice. Any premium in excess of
$618.00 per month shall be absorbed by the employee. The health plan coverage year, as
determined by the Public Employees' Retirement System runs from January 1 through December31
of each calendar year.
All employees hired on or after July 1, 2006, and who subsequently retire after this date, will
receive health benefits under the California Public Employees Retirement System for single-party
coverage only. Any premiums for dependent coverage must be paid by the retiree.
Each full-time employee hired prior to July 1, 2006, who subsequently retires from the City will
receive health benefits under the California Public Employees Retirement System not to exceed
$550.00 per month. Any premium in excess of$550.00 per month shall be absorbed y the retiree.
Effective July 3, 2005, the maximum City paid retiree health benefit for those employees hired prior
to July 1, 2006, shall be increased to $618.00 per month. Any premium in excess of$618.00 shall
be absorbed by the retiree.
Dental Insurance
The City will contribute up to a maximum premium cost of $32.19 per month for each
classification represented by the Union, toward the City provided dental program. A premium
increase in excess of$32.19 per month shall be absorbed by the employee.
SEIU Local 721 Maintenance Employees MOU 2010/2012 17
Retirement
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 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.
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 for the increase to normal cost(difference between 2% @ 55 and 2.7%@ 55 retirement
formulas).
Long-Term Disability
The City will provide a long-term disability insurance program as set forth in the plan on file in
the Personnel Services Office. Effective March 1, 1993, the plan will be amended to provide benefits
commencing on the 31st day of non-work related injury or illness and employees will be eligible to
receive a maximum benefit of 66-2/3% of their current base salary up to a maximum of$5,000 per
month. The plan is on file in the Human Resources Department.
Bilingual Pay
Effective the first payroll period commencing on or after July 1, 2008, the City shall pay 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, Signing, Armenian
and Farsi. Qualifying tests established by the City shall make the determination of capability.
SE/U Local 721 Maintenance Employees MOU 2010/2012 18
Acting Pay
Section 4.4 of the Personnel Rules shall be modified by this agreement to provide acting pay
after three (3)work weeks, from the date the employee was placed in the acting capacity. The work
week is defined as Monday through Friday. All other provisions of Section 4.4 shall remain in their
current form. This amendment of Section 4.4 shall apply only to the members of the S.E.I.U., Local
721 general maintenance employees bargaining unit.
Work Boots
The City will provide a voucher system to all affected covered maintenance classifications,
each fiscal year, for the purchase or repair and maintenance of O.S.H.A. approved work boots.
Effective July 1, 2004, through the voucher system, each covered maintenance employee may
expend up to a maximum of$200.00 per fiscal year for the purchase or repair of work boots. Any
excess may be used for socks, support hose or other footwear accessories. Each employee shall
purchase a minimum of two (2) pair of work boots per fiscal year. Any amount exceeding $200.00
per fiscal year shall be the responsibility of the employee. All affected covered maintenance
employees being provided such O.S.H.A. approved work boots, will be required to wear such boots
during their assigned work hours.
Each covered maintenance employee may use up to one (1) hour of scheduled work time,
• upon request to and approval from their assigned Public Works Supervisor, to travel to the vendor
store to purchase their O.S.H.A. approved work boots.
Details of the process are set forth in Exhibit B side letter dated September 15, 2004.
Section 7 - Policies and Procedures
Contracting Outside Work
It is agreed that the City may utilize outside contractors for the performance of maintenance
functions. However, no maintenance employee will be laid off work for the contract period of July 1,
2010 through January 31, 2012 as.a result of utilizing any outside contractor.
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 official personnel file, upon
SEIU Local 721 Maintenance Employees MOU 2010/2012 19
written request to the Personnel Officer. The Personnel Officer shall review the official personnel file
and if the employee 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.
Strenuous Activity
When feasible, the City will make efforts to minimize strenuous out-door activity during periods
of high smog and/or heat. The final determination as to what tasks are to be reduced and/or
performed is to be made by the City.
Organizational Security
The City and the Union did conduct an election among its bargaining unit membership on the
issue of agency shop. Such provision was implemented upon receipt of a majority vote of all
covered bargaining unit employees. Therefore, the following provisions will be implemented.
The City and the Union recognize the rights of employees to freely form,join, and participate
in activities of the employee organization.
1. All current employees, in covered classifications represented by the Union,who are not
members of the Union shall, within thirty (30) days from the date of notification of election results,
elect to become members of the Union or pay to the Union a service fee in an amount equal to
unified membership dues, initiation fees, and general assessments. No portion of this service fee
shall be used for political purposes.
All new employees, in covered classifications represented by the Union,within thirty(30)days
from the date they commence their assigned duties shall either become members of the Union or
pay to the Union a service fee in an amount equal to unified membership dues, initiation fees, and
general assessments. No portion of this service fee shall be used for political purposes.
The Union shall keep an adequate itemized record of its financial transaction and shall make a
detailed written financial report available to the City and to all unit employees annually. The Union
certifies that it has adopted, implemented, and will maintain constitutionally acceptable procedures to
enable non-member agency shop fee payers to meaningfully challenge the propriety of the uses to
which service fee funds are put in accordance with the decision of the U.S. Supreme Court in
Chicago Teachers Union, Local #1, AFT, AFL-CIO, et al. v. Hudson, 106 S. Ct. 1066 (1986).
2. The City shall deduct Union dues/service fees on a biweekly payroll basis for
employees in covered classifications represented by the Union. The form for this purpose shall be
provided by the Union and the amounts to be deducted shall be certified to the City by the
appropriate Union official(s). Such deductions shall be made only when the employee's earnings for
a pay period are sufficient after other legally required deductions are made.. The City shall not make
payroll deductions from employees who are in an unpaid status.
SEIU Local 721 Maintenance Employees MOU 2010/2012 20
Such deductions will be remitted to the Union in one lump sum within thirty (30) days of the
conclusion of the month in which said dues/service fees are deducted.
The City will provide the Union with the name and home address of each employee in covered
classifications represented by the Union.
The Union agrees to indemnify and hold harmless the City for any loss or damages arising from the
operation of these provisions.
3. An employee in a covered classification represented by the Union,who is a member of
a religious body whose traditional tenets or teachings include objections to joining or financially
supporting employee organizations shall not be required to join, maintain membership in or
financially support any employee organization as a condition of employment, except that such
employee shall have deducted, in lieu of the service fee, a sum equal to such service fee to be paid
to a nonreligious, non-labor organization, charitable fund exempt from taxation under Section
501(c)(3) of Title 26 of the Internal Revenue Code, chosen by such employee through the United
Way Fund.
Such employees shall submit annually to the Union a written request for exemption. If a
reasonable doubt exists as to the validity of the employee's membership in the stated religious body,
the employee shall submit written verification of membership from the religious body.
4. The agency shop provisions herein may be rescinded by a majority vote of the
bargaining unit membership.
Voluntary Political Contributions
The City agrees to allow bargaining unit maintenance employees to make voluntary political
contributions to the Local 721 Political Action Committee through payroll deduction. Any employee
interested in making such contributions shall authorize the City, in writing, on a form, provided by the
Local 721 Political Action Committee, which clearly indicates that funds will be used for political
activities and that the contribution is voluntary in nature. The Union will abide by all Federal and
State laws relating to such contributions and indemnify the City in the event of litigation.
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 Union prior to the
commencement of the meet and confer process.
SEIU Local 721 Maintenance Employees MOU 2010/2012 21
Emergency Preparedness Policy
The parties agree to continue the 1998/99 meet and confer process on the "Emergency
Preparedness Policy", commencing no later than January 1, 1999, 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.
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 Union.
During the term of the MOU the parties agree to participate in meetings, the purpose of which
shall be to explore alternative health insurance plans and 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 to by the City and/or the employee. The
meetings shall not address issues regarding increased City-funded contributions to the employee or
employer purchase 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 Union.
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.
SEIU Local 721 Maintenance Employees MOU 2010/2012 22
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 maintenance employees bargaining unit.
Procedure
1. Informal 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 based, the grievant shall 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 limit 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 five(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 scheduled 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
SEIU Local 721 Maintenance Employees MOU 2010/2012 23
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 Union agree to create, prepare and implement a standard grievance form for
use by all affected classifications represented by the Union.
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 Union 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 Union will
be notified of these proposed accommodations prior to implementation by the City.
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 Union with written
notice of its intent to set aside the provision, and will allow the Union 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 maintenance employees
bargaining unit, 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.
SEIU Local 721 Maintenance Employees MOU 2010/2012 24
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 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 foresee
ably 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;
SEIU Local 721 Maintenance Employees MOU 2010/2012 25
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;
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 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.
6. 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.
7. As with all policies and procedures, any incident or situation requiring management
SEIU Local 721 Maintenance Employees MOU 2010/2012 26
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 Officer.
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:
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 site or City-owned premises, nor any building owned in part by the Baldwin
Park Redevelopment Agency which is also partly owned by private individuals or an 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 therefrom.
SEIU Local 721 Maintenance Employees MOU 2010/2012 27
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.
18.3 Procedure
The Maintenance Division shall be responsible for posting and maintaining all public signs in
accordance with the standards approved by the Executive Team.
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.
Tuition Reimbursement
Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of the City
Personnel Rules and Regulations shall be amended to provide that the tuition reimbursement
described therein shall allow for reimbursement eligibility for full time sworn employees who have
passed original probation in an amount not to exceed $2,000, and that the reimbursement eligibility
for full time non sworn police department employees who have passed original probation shall be in
an amount not to exceed $1,500 per fiscal year.
Personnel Rule § 2.8 shall be concurrently amended to provide that tuition reimbursement
shall be allowed only as regards courses provided by an accredited college or university and in a
field in study reasonably related to the employee's duties and which are deemed appropriate by the
Executive Team.
Limited Re-Opener
The City proposes a reopener during the term of the MOU which 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 SEIU
Local 721 of its intent to invoke this section, and a description of the precise language changes
that are proposed.
SEIU Local 721 Maintenance Employees MOU 2010/2012 28
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.
1
•
SEIU Local 721 Maintenance Employees MOU 2010/2012 29
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 EMPLOYEES CITY OF BALDWIN PARK
CITY OF BALDWIN PARK
S.E.I.U., Local 721 /
' 4,:.. I Itinirlaill'Aika
Jose I .rtinez, S.E.I.U. L cal 721 Vijay ghal, I'Exec ,�'ve Officer
i
/
- `'-= eeprese . - a Lar- . . • -esources Manager
a
Gui eppe Licit � RepresYtative Lo na Quijano, Finance/rector
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-amon Burgos, Repres tive Date
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Date
SE/U Local 721 Maintenance Employees MOU 2010/2012 30
INDEX
Page 31 — Page 33
Page
Preamble 3
Section 1 - Rights and Recognition 4
Recognition 4
Management Rights 4
Union Stewards 5
Job Safety by Stewards 6
Savings Clause 7
No Strike — No Lockout 7
Full Understanding, Modifications, and Waiver 8
Section 2 - Fair Labor Standards Act Provisions 9
Work Period 9
Overtime 9
Section 3 - Work Schedules 10
Experimental Alternative Work Schedules 10
Workday 11
Section 4 - Attendance and Leaves 11
Hours of Work 11
Sick Leave 11
Annual Sick Leave Incentive 12
Vacation 12
Holidays 13
Floating Holidays 14
Holiday Bank 14
Bereavement Leave 15
Military Leave 15
Jury Duty 15
Training/Conference Leave 15
Injury on Duty 15
Industrial Injury Benefits 16
SEIU Local 721 Maintenance Employees MOU 2010/2012 31
Page
Section 5 - Direct Wage Payments 16
Salary 16
Section 6 - Insurances/Supplemental Wage Payments 17
Life Insurance 17
Vision Plan Coverage 17
Health Insurance 17
Dental Insurance 17
Retirement 18
Long-Term Disability 18
Bilingual Pay 18
Acting Pay 19
Work Boots 19
Section 7 - Policies and Procedures 19
Contracting Outside Work 19
Written Warning/Reprimand 19
Strenuous Activity 20
Organizational Security 20
Voluntary Political Contributions 21
Layoff Policy 21
Emergency Preparedness Policy 22
Personnel Rules Additions 22
Labor/Management Committee 22
City Safety Committee 22
Grievance Procedure 22
Standard Grievance Form 24
American's With Disabilities Act 24
Pre-Employment —Alcohol and Drug Testing 24
Alcohol and Drug Abuse Policy 25
Smoke Free Workplace 27
Tuition Reimbursement 28
Limited Re-Opener 28
SE/U Local 721 Maintenance Employees MOU 2010/2012 32
EXHIBITS PAGE
Exhibit A N/A
Exhibit B — Clarification regarding work boots purchase
Letter dated September 15, 2004
Exhibit C — Joint Labor Management Committee ii
Letter of Intent dated September 20, 2004
Exhibit D — Actuarial Study for General Unit of Maintenance Employees iii
Memorandum of Understanding 2007 - 2008
Exhibit E — Letter of Intent regarding EPMC Reporting to CaIPERS iv
Memorandum of Understanding 2008 - 2010
Exhibit F — SEIU LOCAL 721 Salary Table v
Salaries effective 1st payroll on or after July 1, 2008
Salaries effective 1st payroll on or after July 1, 2009
SEIU Local 721 Maintenance Employees MOU 2010/2012 33
•
EXHIBIT B
CITY OF BALDWIN PARK MEMORANDUM
II 62tAT.
BALDWIN
15-- A • 12 K
•
TO SEIU Maintenance Group
FROM: Gina Knight, PettsonneitRisik Manager
DATE: September 15, 2004
SUBJECT: Clarification regarding work boots purchase
Section 7 of the MO.0 between the SEIU Maintenance Group and the City provides a voucher
system to all affected covered maintenance classifications for the purchase of OSHA aQprov
work boots. Each covered employee may expend up to a maximum of $200.00 each fiscal
year The City has made arrangements with Red Wing in Covina to allow covered employees to
purchase their OSHA approved work boots.
On April 5, 2001. during the meet and confer process, it was agreed to amend the existing boot
purchase provision of Section 7 of the MOU. Employees may stilt purchase their work boots
through Red Wing, however, in regards to personal preference, employees may purchase
OSHA approved work boots through a vendor of their choice. The work boots must meet OSHA
standards for the duties performed by the employee. Furthermore, the employee will wear
steel-toe work boots if required by their job•duties and in regards to safety. It is not mandatory
to wear steel-toe boots. The employee shall pay out of pocket for their work boots. In order to
receive reimbursement, the employee shall submit a reimbursement form along with a receipt-to
their supervisor for approval.
cc- Shalique Nalyer, Director of Public works
Ad Castellano, Public Works Operations Supervisor
Wm Daft, Public Works Operations Supervisor
Wendy Hauls, Public Works Operations Supervisor
Alice Mohols Management Assistant
EXHIBIT C
LETTER OF INTENT
CITY OF BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
2004 — 2007
The City of Baldwin Park and the General Unit of Maintenance Employees,
Local 347 agree to the following dining the term of this Memorandum of
Understanding.
1, The City agrees that the Joint Labor Management Committee (JLMC)
shall meet and confer on the grievance procedure (pursuant to
Meyers-Millas-Brown Act) commencing November 2004,
2. The City agrees to meet _and confer on the sick leave incentive
program.
For
7
For the City of Baidwin Park
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Kki.4, 1 , / ri
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James E./Washington, / Gina(1Znight,
R-e-presentative .Persdnelj-Risk Manager
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EXHIBIT 13
CITY Or sawn BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
2007 m 2008
•
Actuarial Study for General Unit of Maintenance Employees
The City agrees to conduct an actuarial study on Retiree Health Care, to review the
actual cost to the City for providing said benefits' to those employees who have retiree
health care for their spouses.
The City tha l initiate the acivarfal study within 60 days affix formal adoption of the
2007-20 08 MC`U and upon completion of the study the City shall provide a copy of the
actuarial study to the Union and its representatives
within seven days of receiving the report
iii
)
EXHIBIT E
LETTER OF INTENT
CITY OF BALDWIN PARK
MEMORANUDM OF UNDERSTANDING
2008 — 2010
The City of Baldwin Park and the General Unit of Maintenance Employees, SEIU Local 721 agree
to the following during the term of this Memorandum of Understanding:
In accordance with Resolution Number 94 — 67 "A Resolution of the City Council of the
City of Baldwin Park establishing the reporting of the value of the employer paid member
contributions as compensation using the special compensation approach (Government
Code Section 20023 ( C ) ( 4 ):
The following is a statement of the change in reporting compensation to PERS:
"The City of Baldwin Park elected to pay 7% normal member contributions as employer
paid members contributions (EPMC) and report same percent to PERS as compensation".
SEIU Local 721 Maintenance Employees MOU 2010/2012 iv
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