HomeMy WebLinkAbout2017 209 CC RESO RESOLUTION NO. 2017-209
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 BALDWIN
PARK CITY EMPLOYEES ASSOCIATION (CEA)
YEARS 2017 - 2020
WHEREAS, representatives of the City Council of the City of Baldwin Park have met
and conferred with duly authorized representatives of the Baldwin Park City 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 consideration and approval; 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 AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the Mayor of
the City of Baldwin Park to sign the "Memorandum of Understanding" between the City of
Baldwin Park and the Baldwin Park City Employees Association (CEA), attached hereto as
Exhibit A. The Memorandum of Understanding for employees represented by the Baldwin
Park City Employees Association is hereby effective for the period from July 1, 2017, through
June 30, 2020.
SECTION 2. Resolutions or portions thereof in conflict are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause
this Resolution to become in full effect upon approval. The City Clerk shall forward a certified
copy of this adopted Resolution to each Department Head and Human Resources Manager
upon execution.
PASSED, APPROVED, AND ADOPTED this 6th day of December, 2017.
•
IA UEL LOZANO
M. e •
Resolution No. 2017-209
CEA MOU 2017-2020
Page 2
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Resolution No. 2017-209 was duly and regularly approved and
adopted by the City Council of the City of Baldwin Park at a regular meeting of the City
Council held on December 6, 2017, by the following vote:
AYES: COUNCIL MEMBERS: Baca, Lozano, Pacheco, Rubio
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Garcia
•
ABSTAIN: COUNCIL MEMBERS: None
f
ALE-AND' AVILA,
CITY CLERK
EXHIBIT
CITY OF BALDWIN PARK
AND
BALDWIN PARK CITY. EMPLOYEES
ASSOCIATION (CEA)
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MEMORANDUM OF UNDERSTANDING
JULY 1, 2017 THROUGH JUNE 30, 2020
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TABLE OF CONTENTS
PREAMBLE 4
ARTICLE I SCOPE OF MEMORANDUM OF UNDERSTANDING 4
ARTICLE II PARTIES AND RECOGNITION 4
Section A. Appropriate Unit-Professional/Technical Unit 4
Section B. Appropriate Unit- Clerical Unit 5
Section C. Terms of Agreement 5
Section D. Separability Provision 5
Section E. No Strikeout/Lockout Clause 5
Section F. Non-Discrimination 6
ARTICLE III ASSOCIATION RIGHTS 7
Section A. Agency Shop Agreement 7
Section B. Association Representatives 8
ARTICLE IV MANAGEMENT RIGHTS 10
Section A. General 10
ARTICLE V COMPENSATION AND SALARIES 11
Section A. Retirement 11
Section B. Salaries 12
Section C. Bilingual Pay 13
Section E. Acting Pay 13
ARTICLE VI BENEFITS 13
Section A. Health Benefits/Cafeteria Plan 13
Section B. Life Insurance 14
Section C. Short Term/Long Term Disability 14
Section D. Deferred Compensation 15
• Section E. Child Care • 15
Section F. Retiree Health Care 15
•
ARTICLE VI HOURS 16
Section A. Work Period 16
Section B. Hours of Work 16
Section C. Workday 16
•
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Section D. Compensatory Time--Designated Classifications 18
Section E. Overtime 18
Section F. Holidays 21
Section G. Holiday Bank 22
ARTICLE VII LEAVES 23
Section A. Sick Leave 23
Section B. Vacation 23
Section C. Bereavement Leave 25
• Section D. Military Leave 25
Section E. Jury Duty 25
Section F. Training/Conference Leave 25
Section G. Injury on Duty 26
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ARTICLE VIII POLICIES AND PROCEDURES 26
Section A. Written Warnings/Reprimands 26
Section B. Layoff Policy 26
Section C. Emergency Preparedness Policy 27
Section D. Personnel Rules 27
Section E. Labor/Management Committee 27
Section F. Pre-Employment Drug and Alcohol Testing 27
Section G. "Y"Rating 27
Section H. Salary Survey 27
ARTICLE IX GRIEVANCE PROCEDURE 27
•
Section A. Definition 27
Section B. Procedure 28
ARTICLE X AMERICANS WITH DISABIL1 HES ACT 30
ARTICLE XI DRUG AND ALCOHOL ABUSE POLICY 30
. Section A. Purpose 30
Section B. Policy 30
ARTICLE XII SMOKE FREE WORKPLACE 33
Section A. Purpose 33
Section B. Procedure 34
ARTICLE XIII LIMITED REOPENER 34
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PREAMBLE
The City of Baldwin Park, a municipal corporation, and the Baldwin Park City Employees
Association, a recognized employee organization, have been meeting and conferring in good
faith consistent with Section 3500 et seq., of the Government Code and have reached agreement
as a result of such meetings.
ARTICLE I SCOPE OF MEMORANDUM OF UNDERSTANDING
It is the intent and purpose of the Memorandum to set forth mutually beneficial working and
economic relations between the parties hereto and to provide an orderly and peaceful means of
resolving any misunderstandings which may arise, and to set forth the total and complete
understanding and agreement between the parties regarding wages, hours, and other terms and
conditions of employment.
ARTICLE II PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between the Management
representatives of the City of Baldwin Park, hereinafter referred to as the "City" and
representatives of the Baldwin Park City Employees Association, hereinafter referred to as the
"Association", a formally recognized exclusive representative of the general unit of City
employees pursuant to the Meyers-Milias-Brown Act.
Section A. Appropriate Unit-Professional/Technical Unit
The classifications covered by this unit are:
Accountant
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
• Building Inspector .
Building Official
Code Enforcement Officer
Economic Development Projects Coordinator
Engineering Technician
Engineering Assistant
Housing Quality Standards Inspector
Housing Programs Coordinator
Information Systems Analyst .
Information Systems Supervisor
Information Systems Support Technician
Lead Code Enforcement Officer
Management Assistant
Management Analyst
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Plan Check Engineer
Planning Technician
Program' Coordinator
Program Supervisor
Public Works Inspector
Public Works Operations Supervisor
Redevelopment Projects Coordinator
Rehabilitation Housing Specialist
Senior Accountant
Senior Finance Clerk
Senior Housing Specialist
Senior Redevelopment Projects Coordinator
Section B. Appropriate Unit-Clerical Unit
The classifications covered by this unit are:
Administrative Clerk
Administrative Clerk II
Construction Clerk
Finance Clerk
•
Housing Specialist
Housing Technician
Imaging Specialist
Section C. Terms of Agreement
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment and it is mutually agreed that this
Memorandum of Understanding shall be effective upon ratification of the City
Council and ending on June 30th,2020.
Section D. Separability Provision
If any provision or the application of any provision of this agreement as
implemented should be rendered or declared invalid by any final court action of
competent jurisdiction,the remaining sections of this agreement shall remain in
full force and effect for the duration of said agreement. In the event any section of
this.Memorandum is declared invalid,the City agrees to meet and confer with the
Association regarding the impact or implementation of the court order.
Section E. No Strikeout/Lockout Clause
1. The Association,its officers,agents,representatives and/or members agree
that during the term of this MOU they will not cause or condone any
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strike, walkout,slowdown, sickout, or any other job action withholding or
refusing to perform services.
2. Any employee who participates in any conduct prohibited in part 1 above
may be subject to disciplinary action up to and including discharge.
3. The City agrees that it will not lock out any employee at any time.
4. In the event that anyone or more officers, agents, representatives, or
members of the Association engage in any of the conduct prohibited in
part 1 above, the Association shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this MOU
and is unlawful and they must immediately cease engaging in conduct.
prohibited in part above and return to work.
Section F. Non-Discrimination
The provisions of the Memorandum shall be applied equally to all employees
without unlawful discrimination as to age, gender, marital status, race, color,
ancestry, religious creed, national origin, political affiliation or (when the nature
of work permits) physical handicap. Any violation of this by the recognized •
employee organization shall also be subject to immediate correction and possible
loss of recognition.
All references to employees in this Memorandum designate all genders, and
whenever one gender is used it shall be construed to include both, where
appropriate.
Section G. Full Understanding,Modification,and Waiver
It is intended that this agreement sets forth the full and entire understanding of the
parties regarding 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 superseded or terminated in their entirety.
Except as specifically provided herein; it is agreed and understood that both
parties voluntarily and unqualifiedly waives their right, and agree that the other
party shall not be required to negotiate with respect to any subject or matter
covered herein during the tenn 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.
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The waiver of any breach,term and or condition of this agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and
provisions.
ARTICLE III ASSOCIATION RIGHTS
Section A. Agency Shop Agreement
The City and Association mutually understand and agree that in accordance with
State of California law, per adoption of SS 739, and the Agency Shop election
previously held, a simple majority of ballots cast by regular employees in
classifications represented by the Association voted to be covered by an Agency
Shop agreement. As a result of the Agency Shop election, as a condition of
continued employment, this Agency Shop agreement hereby requires that all
bargaining unit employees:
•
a) Elect to join the Association and pay Association dues
b) Pay an agency fee for representation
c) Or with a religious exemption, pay a fee equal to the agency fee to be
donated to selected charities.
The following agency shop provision will be implemented, in conformity with
California Government Code Section 3502.5 and applicable law.
Association Dues/Agency Fee Collection
During the term of this MOU, the City agrees to collect, through payroll
deduction, Association dues, agency fees and religious exemption fees from all
employees who have signed a written authorization and a copy of that
authorization has been provided to the Human Resources Department. The City
shall be held harmless by the Association in performing this responsibility.
New Hire Notification
All.new hires in the Association shall be informed by the Human Resources
• Department, at the time of hire that an Agency Shop agreement is in effect for this
classification.
In addition, the City will comply with AB 119 requirements as passed by the
California State Legislature and signed into law by Governor Brown on June 27,
2017.
• Religious Exemption •
Any employee who is a member of a bonafide religion, body, or sect who has
historically held conscientious objections to joining or financially supporting
public employee organizations shall not be required to join or financially support
the organization. Such employee shall, in lieu of periodic dues or agency shop
fees,pay sums equal to said amounts to a non-religious,non-labor charitable fund
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exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
Those fees shall be remitted by the City, at the choice of the employee, to one of
the following non-labor, non-religious charitable organizations: American Red
Cross or United Way.
To qualify, the employee must provide the Association, with a copy to the City, a
written statement of objection, along with verifiable evidence of membership in a
religious body as described above. The City will implement the change in status
within thirty (30) days unless notified by the Association that the requested
exemption is not valid.
Leave without Pay/Temporary Assignment Out of Unit
Employees on an unpaid leave of absence or temporarily assigned out ofthe unit
shall be excused from paying dues,agency shop fees,or charitable contributions.
Indemnification
The Association agrees to fully indemnify,defend,and hold harmless,the City,its
officers, employees, and agents against any claim, action, liability judgment or
settlement as a result of implementing and maintaining the agency shop
agreement.
•
Records
The Association shall keep an itemized record of its financial transactions and
shall make a detailed written annual financial report available to the City and all
the unit members. The Association certifies that is 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 applicable law.
Section B. Association Representatives
1. The Association may designate one officer, board member and
representative, who shall be permitted to assist bargaining unit members in
the investigation, processing and presentation of grievances, disciplinary
actions, the meet and confer process and all activity necessary to facilitate
the efficient resolution of any labor-management dispute.
2. The Association shall notify the City in writing of the names of all board
members, officers, and representatives who are authorized to represent the
employees in the bargaining unit.
3. The City agrees to grant reasonable access to employee work locations of
officially designated representatives for the purpose of processing
grievances in accordance with this Memorandum of Understanding. Each
representative, upon notification to his/her immediate supervisor, may be
•
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tee!
permitted to leave his/her regular work location during work hours, for
reasonable periods of time to perform the following functions with pay:
a. To represent to a supervisor, a request for a grievance which the
representative has been requested by any employee, or group of
employees,to present to such a supervisor.
b. Investigate any request for adjustment of grievance in the
representative's division, and present such request for adjustment to
the supervisor of the employee who initiated the grievance request.
c. Attend meetings with management when the representative's
presence is necessary to present the grievance for adjustment.
4. No representative 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 representative's immediate supervisor or
appointing authority.
5. Each representative shall report to his/her supervisor the time leaving his/her
work location to perform such duties as set forth herein. The representative
shall report to the supervisor immediately upon completion of these duties.
6. When the presence of a representative 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
representative to be present as soon as possible, consistent with safe and
efficient operating requirements.
7. Prior to entering any area in the fulfillment of their duties set forth herein,the
representative shall notify the supervisor of that area of his/her presence and
the reason for his/her business in that area.
•
8. The City agrees that the representative shall not be hindered, coerced,
restrained or interfered with in the performance of their duties and
responsibilities provided in the Memorandum of Understanding.
9. The Association and the employer agree hereto that each will cooperate with
the other and reduce to a minimum the actual time spent by representatives in
the performance of their duties under this Memorandum of Understanding.
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ARTICLE IV MANAGEMENT RIGHTS
Section A. General
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 work 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 and characteristics of the work force
11. Determine financial policy including accounting procedures
12.Determine the administrative organization of the system
13.Determine the process of selection,promotion,or transfer of employees
14.Determine the allocation and assignment of work to employees
15.Determine policy affecting the selection of new employees
16, Determine the establishment of quality and quantity standards and the
judgment of quality and quantity of work required
17.Determine administration of discipline
18.Determine control and use of City property,materials and equipment
19. Schedule work periods and determine the number and duration of work
periods
20.Establish,modify,eliminate or enforce rules and regulations
21.Place work with outside firms
22.Determine the methods and means by which such operations are to be
conducted
23. Require employees, where necessary, to take in-service training .courses
during work hours
24. Determine duties to be included in any job classification
25. Determine the necessity of overtime and the amount of overtime required
26. Take any necessary action to carry out the mission of the City in cases of an
emergency
27. Prescribe a uniform dress to be worn by designated employees
10 •
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 any 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
mater of the exercise of such rights is provided for in this Memorandum of
Understanding or in Personnel Rules and Salary Resolutions.
• ARTICLE V COMPENSATION AND SALARIES
Section A. Retirement
Employees Hired Before January 1.2013
The City contracts with the State of California Public Employees Retirement
System (Ca1PERS) for the classifications contained in this agreement. The plan
shall include the following options:
1. 2.7%@ 55 retirement formula(Government Code §21354.4);
2. Single highest year fmal compensation(Government Co
de
§20042);
3. Military service credit as public service option (Government Code
§21024);
4. 1959 Survivors Benefit Level I for which each employee contributes
ninety-three cents($.93)per pay period(Government Code §21571);
5. Pre-Retirement Death Benefits to continue after remarriage of survivor
(Government Code§21551);
6. 2%Annual Cost of Living Allowance(Government Code§21329);
7. The City agrees to contract
with Ca1PER S to include 1959 Survivors
Benefit Level IV;
8. $500 Retired Death Benefit
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The City will pay 100% of the employer's contribution to the Ca1PERS
retirement program and provide retirement benefits as currently specified under
the City's contract with the California Public Employees'Retirement System.
Ca1PERS
In accordance with City Resolution 2015-094, effective October 25, 2015,
employees will pay 100% of the employee's member contribution to the
California Public Employees Retirement System(Ca1PERS). All such employee
contributions shall be deposited in the member's retirement account.
• New CaIPERS Members Hired On or After January 1,2013
The City contracts with the State of California Public Employees Retirement
System (Ca1PERS) for the classifications contained in this agreement. The plan
shall include the following options:
1. 2%at 62 formula(Government Code§7522.20);
2. Three (3) year average final compensation period (Government Code
§20037);
3. Pre-Retirement Death Benefits to continue after remarriage of survivor
(Government Code§21551);
4. Military Service Credit as Public Service(Government Code§21024)
5. 1959 Survivors Benefit Level I for which each employee contributes
ninety-three cents($.93)per pay period(Government Code§21571);
6. 2%Annual Cost of Living Allowance(Government Code§21329);
7. Employees will pay 50% of the normal cost, currently 6.25% member
contribution to Ca1PERS;
8. The City agrees to contract with Ca1PERS to include 1959 Survivors
Benefit Level IV
9. $500 Retired Death Benefit
Section B. Salaries
The City adopted a Seven Step Compensation Plan (5% between steps), which is
made a part hereof, and is on file with the Human Resources/ Risk Manager or
their designated representative(s) in the Human Resources Departmerit. Such
Compensation Plan may be amended or revised at the discretion of the City
Council subject to the meet and confer process.
Ca1PERSThe following unadjusted base salary increases shall be provided to all
represented employees of this Association:
a) Retro-active to the first payroll period commencing on ora after July 1,
• 2017—2%
b) Effective the first payroll period commencing on or after July 1, 2018 —
2
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c) Effective the first payroll period commencing on or after July 1, 2019 —
2%
Section C. Bilingual Pay
The City shall pay an additional $100.00 per month to a person who is capable of
speaking reading and writing and/or interpreting the languages of Spanish,
Chinese, Japanese, Vietnamese, Tagalog, and American Sign Language.
Determination of capability shall be made by qualifying tests established by the
City.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 bilingual pay.
Section D. Tuition Reimbursement
Section 2.8 of the City's Personnel Rules and Regulations shall be amended to
provide that the tuition reimbursement described therein shall allow for
reimbursement eligibility for full time employees who have passed original
probation shall be in the amount not to exceed$1,500 per fiscal year.
Personnel Rules §2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only for courses provided by an accredited
college or university and in a field of study reasonably related to the employee's
duties and which are deemed appropriate by the Executive Team.
•
Effective January 1, 2018, the maximum amount of tuition reimbursement shall
be increased to$2,000 per fiscal year.
Section E. Acting Pay
Section 4.4 of the City's Personnel Rules and Regulations shall be modified by
• this agreement to provide acting pay after twenty (20) continuous working days.
All other provisions of Section 4.4 shall remain in their current form. This
amendment shall apply only to members of the City Employees Association,
Professional Technical Employees Unit and Clerical Unit.
ARTICLE VI BENEFITS
Section A. Health Benefits/Cafeteria Plan
Medical and Dental
• The City will contribute to each employee in the bargaining group a sum not to
exceed $950.00 per 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 that they have adequate health
insurance coverage through another source. In instances where the employee's
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medical insurance premium is less than the City's monthly allowance, such
employee will have an option to have the excess monies placed towards 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.
Effective the first payperiod that includes January 1,2018,the maximum amount
of monies that are eligible for cash out shall be capped at$950 per month.
Effective the first payperiod that includes December 1,2017,the City's
contribution to medical and dental premiums shall be increased to$1050 per
month.
Effective the first payperiod that includes December 1,2018,the City's
contribution to medical and dental premiums shall be increased to$1100 per
month.
Effective the first payperiod that includes December 1,2019,the City's
contribution to medical and dental premiums shall be increased to$1200 per
month.
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.
Section B. Life Insurance
The City shall provide a $50,000 term life and AD&D insurance for each
employee.
Section C. Short Term/Long Term Disability
The City will pay 100%of the employee premium towards a short-term and long-
term disability program as provided by the City of Baldwin Park. The Plan
provides benefits commencing on the 31St day of a 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. •
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Section D. Deferred Compensation
The City currently offers two (2) established deferred compensation providers to
its employees. Deferred compensation is a voluntary program wherein employees
may elect to allocate salary to the City's 457 plans on a pre-tax basis in
accordance with the provisions of the plan. Effective upon ratification of this
contract, the City shall contribute $100.00 per month into a City sponsored
deferred compensation plan. Prior to any changes in the current
program/providers, the City agrees to meet in good faith with the CEA as part of
the meet and confer process.
Section E. Child Care
The City's Before and After School Care (Latch Key)Program shall provide same
privileges to employees as residents of Baldwin Park. Section 125 Plan is
available for employee's use.
Section F. Retiree Health Care
Employees Hired Before July 1,2015
For all employees hired prior to July 1, 2015, if upon retirement the employee
enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum
employer contribution to Ca1PERS that is required by Government Code section
22892. In addition, the City will also pay into the retiree's individual health
reimbursement account, or similar reimbursement plan, an amount equal to the
difference of the City's minimum employer contribution required by Government
Code section 22892 and the premium cost for retiree-only coverage in the retiree's
chosen medical plan
Employees Hired On or After July 1,2015
For all employees hired on or after July 1,2015, if upon retirement the employee
enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum
employer contribution to Ca1PERS that is required by Government Code section
• 22892. In addition, the City will make a contribution to the retiree's individual
health reimbursement account, or similar reimbursement plan, based upon the
employee's years of service to the City as follows:
6 to 10 full years of service: 20% of the premium cost for retiree-only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
11 to 15 full years of service: 40% of the premium cost for retiree only
coverage in the retiree's chosen medical
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plan, less the City's minimum employer
contribution paid to CaIPERS.
16 to 20 full years of service: 60% of the premium cost for retiree-only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
21 to 25 full years of service: 80% of the premium cost for retiree-only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to Ca1PERS.
26 full years of service or more: 100% of the premium cost for retiree-only
coverage in the retiree's chosen medical
plan, less the City's minimum employer
contribution paid to CaIPERS.
ARTICLE VI HOURS
Section A. Work Period
The work period for all employees within the bargaining group shall be seven(7)
days in length commencing on Sunday, at 12:01a.m.
Section B. Hours of Work
Employees assigned to a 4/10 work week shall normally work Monday through
Thursday 7:30a.m. to 6:00p.m., however, employees may work a flexible 4/10
plan dependent upon their work assignment.
Employees assigned to a 9/80 work week shall normally work Monday Through
Thursday, 6:30a.m.to 4:00p.m. and on each scheduled Friday shall work 6:30a.m.
to 3:00p.m., however, employees may work a flexible 9/80 plan dependent upon
their assignment.
Employees assigned to a 5/40 workweek shall normally work Monday through
Friday and the actual hours worked will be dependent upon their work
assignment.
Section C. Workday
Employees working the 4/10 shall have a standard workday consisting of ten and
one-half(10 1/2) hours with nine hours and fifty minutes of work time and forty
(40) minutes as a non-paid unrestricted meal period. Meal periods shall be in
accordance with department administrative guidelines.
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Employees working the 4/10 will be provided with 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 scheduled workday within
• which the break period occurs nor may it be used to extend lunch or shorten the
workday.
Employees working the 9/80 shall have a standard four(4)days 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 fifth day
consisting of eight and one-half(8 1/2) hours, eight (8) hour of work time and
thirty(30)minutes as a non-paid unrestricted meal period.
Employees working the 9/80 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.
Employees working the 5/40 shall have a standard workday consisting of pine(9)
hours, eight (8) hours of work time and one (1) hour as a non-paid unrestricted
meal period. Meal periods shall be in accordance with department administrative
guidelines.
Employees working the 5/40 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 tune 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.
Experimental Alternative Work Schedules
The Cityagrees
p experimental to implement an ex erimental 4/10 plan for all employees
assigned to City Hall and for all professional and technical employees assigned to
the Community Center, The City agrees to implement an experimental 9/80 plan
for all employees assigned to the Maintenance Facility.
• 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,
17
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 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 or April 12,
1993.
The Association does agree, that as a result of the reorganization of the Public
Works Department, the positions of Public Works Operations Supervisor and
Public Works Inspector are now represented by the Association, and that these
positions will be assigned to a 9/80 schedule,whether assigned to the City Flail or
the Maintenance Facility.
Section D. Compensatory Time—Designated Classifications
Although the following classifications are part of the Professional and Technical
Employees Association, for purposes of the Fair Labor Standards Act, they are
designated to only receive compensatory time.
Accountant
Accounting Supervisor
Assistant Planner •
Associate Planner
Building Official
Engineering Assistant
Engineering Associate
Housing Programs Coordinator
Information Services Technician
Information Systems Supervisor
Plan Check Engineer
Program Supervisor
Senior Accountant
Section E. Overtime
All employees, (except those designated to only receive compensatory time)
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 base pay of pay,plus bilingual pay.
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
18
earning compensatory time, and shall have a cap of eighty (80) hours placed on
the accrual of compensatory time off.
Positions designated in Article II Section B of this agreement may, in lieu of
receiving cash payment for hours worked in excess of forty (40)hours during the
seven (7) day work period, elect the option of earning compensatory time, and
shall have a cap of forty (40) hours placed on the accrual of compensatory time
off.
Employees designated to only receive compensatory time shall have a cap of
eighty (80) hours placed on the accrual of the compensatory time off. Hours in
excess of eighty (80) shall receive compensation at the rate of time and one-half
in accordance with the overtime provisions of this MOU.
The times during which an employee may take his/her compensatory time shall be
approved by the department head with due regard for the wishes of the employee
and for the needs of the service.
Payout Provision
On or before December 31 of each year,an employee shall reduce his/her accrued
compensatory time bank to forty (40) hours or less. Any time in excess of forty
(40) hours shall be paid at the employee's current straight time rate unless
advance, written approval of the employee's department head and the Chief
Executive Officer is obtained to carry over all or part of the excess of forty (40)
hours.
Upon separation from City service, an employee shall be compensated for all
accrued compensatory time of eighty (80) hours or less at his/her straight time
hourly base rate.
•
Eligibility for Overtime Compensation
In determining an employee's eligibility for overtime compensation or accrual
of compensatory time 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 Holiday Leave
Jury Duty Administrative Leave
Bereavement Leave Sick Leave
Military Leave Worker's Compensation Leave(IOD)
Compensatory Leave
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.
•
19
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.
Call Back Pay
Call back duty occurs when an employee is ordered to return to duty on a non-
regularly 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. Airy 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
exclusion for the work period.
Work performed at the Baldwin Park Anniversary Parade, 4th of July and
Community Picnic annual events will also be compensated at a premium
overtime rate, irrespective of the total paid leave exclusions for the work
period.
Non-Mandatory Training
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
Travel time to and from the training facility outside an employee's normal work
shift is not compensable hours of work.
Donning/Doffing
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.
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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.
Section F. Holidays
The City shall observe the following holidays:
New Year's Day-January 1st
President's Day-The third Monday in February
Memorial Day-The last Monday in May
Independence Day-July 4th
Labor Day-The first Monday in September
Veteran's Day-November 11th
Thanksgiving Day-The fourth Thursday in November
The Friday following the fourth Thursday in November (5/40 & 9/80
schedules only)
Christmas Eve-December 24th
Christmas Day-December 25th
Employees assigned to a 4/10 Work Schedule
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.
•
On January 1 of each year, each affected employee will be credited with ten(10)
hours of leave for observance of Martin Luther King Day and ten (10) hours
leave,for a total of twenty(20)hours.
Employees assigned to a 9/80 Work Schedule
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.
On January 1 of each year, each affected employee will be credited with nine (9)
• hours of leave for observance of Martin Luther King Day and ten(9) hours leave,
for a total of eighteen(18)hours.
Employees assigned to a 5/40 Work Schedule
If any of the before mentioned holidays fall on a Saturday, the preceding Friday
will be the holiday in lieu thereof. If any of the holidays fall on a Sunday, the
Monday following is the holiday in lieu thereof.
•
On January 1 of each year,each affected employee will be credited three(3)eight
(8)hour days of floating leave,for a total of twenty-four(24)hours.
21
City Hall Closure 2017:
There will be a one-time closure of City Hall on December 25-29, 2017. The
provided holiday hours for Christmas Eve and Christmas Day will be applied to
December 25 &26,2017 respectively.
The City will provide an additional 20 hours of holiday time for use on December
27&28,2017 only. Exceptions may be made at Supervisor's discretion for the 20
hours to be used in payperiods 2&3 (ending January 27,2018)if the employee is
unable to use the additional holiday hours on the specified dates due to work
assignments. The additional 20 hours of holiday time will not be accrued or
cashed out under any circumstances.
Section G. 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").
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.
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 reasonably 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 accountingcan be
reasonably implemented.
Employees may accumulate up to a maximum of one hundred (100) hours of
holiday bank time.
Payout
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.
22
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 fmal 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.
ARTICLE VII LEAVES
Section A. Sick Leave
Every full-time employee represented by this agreement shall accrue sick leave
beginning the first full pay period of employment at the rate of 3.693 hours for
each pay period of service completed with the City.
Incentive Program
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 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.
Section B. Vacation
•
All affected employees shall accrue vacation leave in accordance with the
following:
a. Employees having less than five(5)years employment(vacation accrual=
96 hours per year), the maximum amount of vacation that may be
accumulated shall be 192 hours.
b. 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 hat may be accumulated shall be 240 hours.
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c. 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.
d. 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.
e. Employees having over twenty (20) years of employment (vacation
accrual = 192 hours per year) the maximum amount of vacation that may
be accumulated shall be 384 hours.
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 City.
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 ealendar
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 accrual for the calendar year to assist them in the reduction of
excess accrued vacation hours.
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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.
Section C. Bereavement Leave
Each affected employee in the covered classifications shall receive the equivalent
of their workweek 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
partners.
Spouse's:Parents,and grandparents
Said time will not be cumulative from one twelve (12) month period to,another
nor will pay in lieu of unused leave for bereavement is provided.
•
Section D. Military Leave
An employee granted military leave pursuant to Section 11.6 of the Personnel
Rules shall not be granted additional compensation when such leaves extends
beyond the employee's regularly scheduled workweek.
Section E. 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 employee's regularly scheduled workweek.
Section F. Training/Conference Leave
• When an employee is scheduled to attend a conference or training program
Monday through Friday, his/her work hours will be 8:00am to 5:00pm Monday
through Friday so there is no issue that he/she is eligible for overtime while
attending the conference or training.
25
•
Section G. Injury on Duty
• Any employee who is injured within the scope of employment with the City will
receive workers' compensation benefits as provided under the California Labor
•
Code. While any employee is on an injury on duty (IOD) status, his/her work
hours will be consistent with their regular scheduled work shift, so there will not
be an issue or conflict regarding said employee's eligibility for overtime while
receiving treatment or keeping doctor's appointments.
Industrial Injury Benefits
This language shall supersede the language in City Personnel Rule Section 11.5
which applies to Non-Sworn/Miscellaneous employees. Said Personnel Rule
• language is superseded by this MOU provision and the applicable Personnel Rule
language is null and void.
Any non-sworn (non-peace officer) employee injured in the course and scope of
employment and whose injuries are subject to the Workers'Compensation laws of
the State of California, shall be eligible to receive only those benefits provided to
non-sworn(non-peace officer)employees by the Workers'Compensation laws.
ARTICLE VIII POLICIES AND PROCEDURES
Section A. 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 lie/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.
Section B. Layoff Policy
The parties agree to continue the meet and confer process on the City's current
Layoff Policy, contained in Section 13 of the Personnel Rules. Any language
changes to the current Section will be submitted by the Association prior to the
commencement of the meet and confer process.
Notwithstanding the language contained in Section 13 of the Personnel Rules,
• affected employees in the CEA will be entitled to a minimum of three(3).months
health, dental and vision benefits paid for by the City,if a layoff takes place.
26
Section C. Emergency Preparedness Policy
The parties agree to continue the 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.
Section D. Personnel Rules •
During the term of this agreement, both parties agree to meet and confer on the
content and implementation of new and/or revised Personnel Rules and
Regulations as needed.
Section E. 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.
Section F. Pre-Employment Drug and Alcohol Testing
The parties agree that all new hires, 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.
Section G. "Y" Rating
•
•"Y" rate exists when an employee's salary is frozen at the present level until such
time as subsequent general salary increases catch up with or exceed the
employee's salary at the "Y" rate. An employee receiving "Y" rate shall remain at
"step Y" until such time as the position is assigned to a salary range in which the
last step is equivalent to or higher than the "step Y". Such employee shall not
receive salary adjustments until such time as "Step Y" is equivalent or less than
• Step 7 of the salary range of the employee's position.
Section H. Salary Survey
The City and Association agree, during the term of this MOU, to collect and
compile salary survey data on classifications represented by the Association with
respect to agencies comparable to Baldwin Park.
ARTICLE IX GRIEVANCE PROCEDURE
• Section A. 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
27
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.
Section B. Procedure
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 be 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 lime the grievant
shall be entitled to process the grievance to the next step.
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.
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.
The appointing authority shall render his/her decision in writing within fifteen
(15) calendar days of receiving the appeal. If the appointing authority and
28
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.
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 fmal administrative state of review.
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.
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.
Grievance Mediation
Either the employee or the Association may request the grievance be submitted to
mediation prior to a decision being issued by the Executive Team. Uponrequest
to mediate the grievance, the City shall make the formal, written request for a
mediator from the California State Mediation and Conciliation Service. The
choice of a mediator must be approved by both the Association and City before
mediation may begin.
If the employee or the Association requests that the grievance be submitted to
mediation prior to a decision being issued by the Executive Team, then the
employee and/or Association shall pay any costs associated with the mediation.
If the grievance was mediated and resolved, the mediator shall be requested to
provide a written summary of the outcome; a description of the dispute and the
resolution reached by the parties.
If the grievance was mediated and not resolved,the mediator shall be requested to
• render a written, advisory opinion letter to the Association and City within 15
calendar days of the final mediation session. This opinion is non-binding and is
29
intended to advise the Association and City of the mediator's recommendation to
settle the grievance.
ARTICLE X AMERICANS 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.
ARTICLE XI DRUG AND ALCOHOL ABUSE POLICY
Section A. 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.
•
Section B. 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 foreseeably interfere with the safe and
effective performance of duties or operation of equipment. In the event there is a
30
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 Association and the City specifically understand and agree that marijuana
remains a Class I controlled substance under federal law. The parties further
agree that despite the existence of conflicting state law, the City is entitled to
discipline an employee who tests positive for marijuana on a drug test imposed
pursuant to City policy,regulations,or federal/state law.
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.
Section C. 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, including
marijuana 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, including
marijuana and prescription drugs without a prescription) during working
hours or at any time while on City property;
4. Not directly or through a third party sell or provide illegal drugs,including
marijuana 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, including marijuana
prescription or non-prescription, which may interfere with the safe and
effective performance of duties or operation of equipment;
•
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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, including
marijuana 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.
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ARTICLE XII 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:
Section A. 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 of City-
owned premises, nor any building owned in part by the Baldwin Park Successor
Agency(formerly Redevelopment Agency)which is also partly owned by 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. . This definition specifically includes vaping,
the use of electronic cigarettes,or any equivalents thereto.
33 •
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.
Section B. 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.
ARTICLE XIII LIMITED REOPENER
The purpose of this reopener shall be limited, except as provided below; 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. Notwithstanding the above limitations to the
subject matter of a reopener,a reopener may be requested where another City bargaining unit has
had a Cost of Living Adjustment.
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.
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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 CITY
EMPLOYEES ASSOCIATION CITY OF BALDIWN PARK
/ /ior
Michael alas, Represe tative M el Lozano, Mayor
1411r1 /a/6A 2
441n afrz; kresentative Date
I '
ilvia Murillo,Representative
aki/ pop,
David Mortensen,Representative
q2.1 �2cDr7
Date
35