HomeMy WebLinkAbout2018 218 CC RESO RESOLUTION NO. 2018-218
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 SERVICE
EMPLOYEE INTERNATIONAL UNION (SEIU)
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 Service Employees International
Union (SEIU) 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 Service Employees International Union (SEIU), attached hereto as
Exhibit A. The Memorandum of Understanding for employees represented by the Service
Employees International Union (SEIU) 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 Resolutions or portions thereof in conflict are hereby repealed.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 17th day of January, 2018.
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Resolution No. 2018-218
SEIU 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. 2018-218 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 January 17, 2018, by the following vote:
AYES: COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMB 'S: None
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Memorandum of Understanding
between
City of Baldwin Park
and
Service Employees International Union
Local 721
July 1, 2017
to
June 30, 2020
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2017-2020 MOU City of Baldwin Park&SEIU 721
Table of Contents
PREAMBLE AND TERM 1
ARTICLE 1—RECOGNITION 1
ARTICLE 2—SAVINGS CLAUSE 1
ARTICLE 3—FULL UNDERSTANDING,MODIFICATION&WAIVER 2
ARTICLE 4—MANAGEMENT RIGHTS 2
ARTICLE 5—UNION RIGHTS 3
Section 5.1 Union Stewards 3
Section 5.2 Union Security 5
Section 5.3 Voluntary Political Contributions 6
Section 5.4 Payroll Deductions 7
Section 5.5 Reporting Requirements 7
Section 5.6 Indemnity Clause 8
Section 5.7 Use of City Facilities 8
Section 5.8 Bulletin Boards 8
Section 5.9 Union Training 8
Section 5.10 Union Meetings 8
Section 5.11 Meet and Confer 9
Section 5.12 New Employee Orientation 9
ARTICLE 6—ANTI-STRIKE CLAUSE 9
Section 6.1 Prohibited Conduct 9
Section 6.2 Union Responsibility 10.
ARTICLE 7—WORK HOURS 10
Section 7.1 Work Period 10
Section 7.2 Work Schedule 10
Section 7.3 Work Day 10
Section 7.4 Hours of Work 11
Section 7.5 Hours Worked 11
Section 7.6 Meal Breaks 11
Section 7.7 Rest Breaks 12
Section 7.8 Working Special Events 12
ARTICLE 8—SICK LEAVE 12 l�okt)
Section 8.1 Rate of Accrual 12
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2017-2020 MOU City of Baldwin Park&SEIU 721
Section 8.2 Maximum Accumulation 12
Section 8.3 Use of Sick Leave 12
Section 8.4 Cash-Out of Accumulated Sick Leave 13
ARTICLE 9—VACATION 13
Section 9.1 Rate of Accrual 13
Section 9.2 Maximum Accumulation 13
Section 9.3 Use of Vacation 14
Section 9.4 Holidays during Vacation Leave 14
Section 9.5 Cash-Out of Accumulated Vacation 14
ARTICT.F 10-HOLIDAYS 15
Section 10.1 Paid Holidays 15
Section 10.2 Holidays Falling on Weekends 15
Section 10.3 Floating Holidays 15
Section 10.4 Holiday Bank 15
Section 10.5 Use of Holiday Bank 16
Section 10.6 Maximum Accumulation 16
Section 10.7 Working on a Holiday 16
Section 10.8 Cash-Out of Accumulated Holiday Hours 16
Section 10.9 Winter Holiday Leave 17
ARTICLF.11-OTHER LEAVE 18
Section 11.1 Bereavement Leave 18
Section 11.2 Military Leave 18
Section 11.3 Jury Duty 18
Section 11.4 Statutory Leave 18
Section 11.5 Industrial.Injury 19
ARTICLE 12—INSURANCE BENEFITS 19
Section 12.1 Life Insurance 19
Section 12.2 Vision Plan 19
Section 12.3 Medical Health Insurance 20
Section 12.4 Dental Insurance 20
Section 12.5 Long-Term Disability 21
ARTICLE 13—RETIREMENT 21
Section 13.1 Retirement Plans 21 ,��`13
Section 13.2 Medicare °�\
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2017-2020 MOU City of Baldwin Park&SEIU 721
Section 13.3 Retiree Health Insurance 22
Section 13.4 Deferred Compensation Plan 24
ARTICLE 14—COMPENSATION 24
Section 14.1 Salary Ranges 24
Section 14.2 Merit Increase 24
Section 14.3 Salary Increase 24
Section 14.4 Y-Rating 24
ARTICLE 15—SPECIAL PAY PROVISIONS 25
Section 15.1 Overtime 25
Section 15.2 Compensatory Time 25
Section 15.3 Call Back 26
Section 15.4 Bilingual Pay 27
Section 15.5 Longevity Pay 27
Section 15.6 Education Incentive 28
Section 15.7 License/Certification Pay 28
Section 15.8 Specialty Assignment Pay 29
Section 15.9 Acting Pay 29
Section 15.10 Safety Work Boots 29
ARTICLE 16—GENERAL PERSONNEL PROVISIONS 30
Section 16.1 Probationary Period 30
Section 16.2 Contracting Out 30
Section 16.3 Strenuous Activity 30
Section 16.4 Layoffs 30
Section 16.5 Personnel Rules 31
Section 16.6 Joint Labor Management Committee 31
Section 16.7 American's With Disabilities Act 31
Section 16.8 Alcohol/Drug Abuse and Testing 32
Section 16.9 Smoking Policy 34
Section 16.10 Tuition Reimbursement 35
Section 16.11 Lockers 35
ARTICLE 17—DISCIPLINE 35
Section 17.1 Disciplinary Procedures 35
Section 17.2 Written Warnings and Reprimands 35 \N.P$
2017-2020 MOU City of Baldwin Park&SEIU 721 v)�
Section 17.3 Stale Discipline 35
ARTICLE 18—GRIEVANCE PROCEDURES 36
Section 18.1 Definition 36
Section 18.2 Timelines 36
Section 18.3 Representation 36
Section 18.4 Freedom from Reprisal 36
Section 18.5 Informal Resolution 36
Section 18.6 Step One—Division Head Review 37
Section 18.7 Step Two—Appointing Authority Review 3 7
Section 18.8 Step Three—Executive Team Review 37
APPENDIX A—SALARY SCHEDULES 38
EXECUTION OF THE NEW MOU 41
2017-2020 MOU City of Baldwin Park&SEIU 721
PREAMBLE AND TERM
This Memorandum of Understanding ("MOU") has been prepared pursuant to Government Code
§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, exclusively represented by the Service Employees International Union, Local 721
("SEIU" or "Union"), to the City of Baldwin Park ("City"). 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 1,2017 through June 30,2020 unless otherwise provided.
Approval of this MOU by the City Council shall constitute a temporary contract bar to the
implementation of the decertification process as set forth in the Employer-Employee Relations
Resolution No. 98-45 ("ERR") §8.
ARTICLE 1- RECOGNITION
The City hereby recognizes the Service Employees International Union, Local 721 ("SEIU" or
"Union") as the exclusive representative for the General Unit of Maintenance Employees ("Unit")
for the City of Baldwin Park ("City"). This Unit consists of the classifications set forth in Section
5(c) of the ERR and as follows:
Equipment Mechanic
Senior Equipment Mechanic
Maintenance Worker I
Maintenance Worker II
Senior Maintenance Worker
Street Sweeper Operator
Public Works Supervisor
ARTICLE 2- SAVINGS CLAUSE
This Memorandum of Understanding ("MOU") 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 MOU 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 1CZ)
unenforceable by any tribunal of competent jurisdiction, such part or provision(s) shall `�
2017-2020 MOU City of Baldwin Park&SEIU 721 Page
suspended and superseded by such applicable law or regulations, and the remainder of this MOU
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.
ARTICLE 3- FULL UNDERSTANDING, MODIFICATION & 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 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.
ARTICLE 4-MANAGEMENT RIGHTS
All management rights and functions except those which are clearly and expressly limited in this
MOU 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:
• Manage the City.
• Schedule working hours.
• Establish,modify or change work schedules or standards.
• Institute changes in procedures.
• Direct the work force, including the right to hire, promote, demote, transfer, suspend,
discipline or discharge any employee.
• 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.
• Determine services to be rendered.
• Determine the layout of buildings and equipment and materials to be used therein.
• Determine processes,techniques,methods,and means of performing work.
• Determine the size,character and use of inventories.
• Determine financial policy including accounting procedures. Q�\���b
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 2
• Determine the administrative organization of the system.
• Determine selection,promotion, or transfer of employees.
• Determine the size and characteristics of the work force.
• Determine the allocation and assignment of work to employees.
• Determine policy affecting the selection of new employees.
• Determine the establishment of quality and quantity standards and the judgment of
quality and quantity of work required.
• Determine administration of discipline.
• Determine control and use of City property,materials and equipment.
• Schedule work periods and determine the number and duration of work periods.
• Establish,modify,eliminate or enforce rules and regulations.
• Place work with outside firms.
• Determine the kinds and numbers of personnel necessary.
• Determine the methods and means by which such operations are to be conducted.
• Require employees, where necessary, to take in-service training courses during working
hours.
• Determine duties to be included in any job classification.
• Determine the necessity of overtime and the amount of overtime required.
• Take any necessary action to carry out the mission of the City in cases of an emergency.
• 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 MOU or in Personnel Rules and Salary Resolutions.
ARTICLE 5 -UNION RIGHTS
Section 5.1 Union Stewards
A. 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 MOU.
Each steward, upon notification to their immediate supervisor, may be permitted to leave
their regular work location during working hours, for reasonable periods of time to perform
the following functions with pay,provided their absence does not create an unsafe or undue
disruption of City operations:
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2017-2020 MOU City of Baldwin Park&SEIU 721 Page 3
• 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.
• 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.
• Attend meetings with management when the steward's presence is necessary to
present the grievance for adjustment.
B. Steward Appointments
1. The Union may designate a reasonable number of union stewards,but not to exceed five
(5) employees in the unit.
2. Except for the purpose of training a new steward, the Union agrees that only one (1)
steward may represent an employee at a time. For the purpose of training a new steward,
the Union agrees that only one (1) representative may actively participate at a time.
3. A steward may represent a grievant at all levels of the grievance process.
4. The City shall make reasonable efforts to 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. Such
accommodation should not unduly disrupt the City's ability to conduct any relevant
investigation or process the grievance at issue.
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 unit.
7. The Union shall provide the City with the names of union stewards within thirty (30)
days of any changes in the designated stewards.
C. Job Safety by Steward
•
No steward shall leave their job or area of assignment while their presence is necessary for
the safe and effective operation of their job; the determination is to be made by the
steward's immediate supervisor or appointing authority.
D. Notification Requirements
1. Each steward shall report to their supervisor the time leaving their work location to
perform such duties as set forth herein. \1¢
2. The steward shall report to the supervisor immediately upon completion of these duties. el
2017-2020 MOU City of Baldwin Park&SEIU 721 Page
3. Prior to entering any area in the fulfillment of their duties set forth herein, the steward
shall notify the supervisor of that area of their presence and the reason for their business
in that area.
E. 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.
F. Discrimination
1. The City agrees that a steward shall not be hindered, coerced, restrained or interfered
with in the performance of their duties and responsibilities provided in the MOU.
2. The Union understands and agrees that each steward is employed to perform full-time
work for the City and that each steward will not leave their work location daring working
hours,unless they gain permission from their immediate supervisor.
3. The Union and the City 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 MOU.
Section 5.2 Union Security
A. Agency Shop
The City and the Union conducted 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
bargaining unit employees. The City and the Union recognize the rights of employees to
freely form,join,and participate in activities of the employee organization.
Effective upon the execution of this MOU and/or within thirty (30) days from the date they
commence their assigned duties in the Unit,each employee shall,as a condition of continued
employment,either become a member of the Union,pay a service fee in an amount equal to
union dues, or seek a religious exemption. No portion of the service fee shall be used for
political purposes.
B. Maintenance of Membership
Any employee who is or becomes a member of SEIU on or by the effective date of this
MOU, or at any time subsequent to the effective date of this MOU, shall be required to
maintain such membership in good standing with SEIU, including payroll deductions for ti1)
union dues,during the term of this MOU.
2017-2020 MOU City of Baldwin Park&SEIU 721 Pa e
Employees, excluding religious objectors, may opt to terminate such membership in SEIU
during the period of not less than thirty (30) days and not more than forty-five (45) days
before the expiration of this MOU, by notifying SEIU, in writing at the Los Angeles region
office. Such notification must be in the form of a letter, signed and dated by the individual
employee, containing the following information: employee name, employee identification
number, job classification, and a clear statement of the request to cancel membership in
SEIU for the Baldwin Park Chapter.Employees with a religious objection may opt to initiate
such exemption at any time daring the term of this MOU.
Employees who terminate membership in SEIU under this section shall instead be required
to pay an agency service fee or make a charitable contribution in accordance with this
section.
C. Religious Objection
An employee 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 non-religious, 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. Such employees shall submit a written
declaration for exemption to the Union in accordance with SEIU policies.
D. Record Keeping
The Union shall keep an adequate itcmi7ed 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).
E. Rescission
The agency shop provisions herein may be rescinded by a majority vote of the bargaining
unit membership.
Section 5.3 Voluntary Political Contributions
The City agrees to allow employees to make voluntary political contributions to SEIU's Committee
on Political Education ("COPE") through payroll deduction. Any employee interested in making
such contributions shall authorize the City, in writing, on a form, provided by the Union, which
clearly indicates the funds will be used for political activities and the contribution is voluntary in \tP.�
2017-2020 MOU City of Baldwin Park&SEIU 721 Pa_`•`6"
nature. The Union will abide by all federal and state laws relating to such contributions and shall
indemnify the City in the event of litigation.
Section 5.4 Payroll Deductions
The City shall deduct union dues, service fees and contributions, as applicable, on a biweekly payroll
basis for employees in the Unit. The forms for thispurpose shall beprovided bythe 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 for
employees who are in an unpaid status.
Such deductions will be remitted to the Union via electronic deposit in one lump sum within thirty
(30) days of the conclusion of the month in which said dues, service fees and contributions are
deducted.
Section 5.5 Reporting Requirements
Upon hire and with the remittance of monthly payroll deductions, the City will provide the Union
with the following information,in a usable electronic format, for each employee in the unit
• Name
• Employee Identification Number
• Job Classification
• Salary Step
• Rate of Pay
• Date of Hire
• Home Address
• Mailing Address (if different)
• Home Phone Number
• Personal Cell Phone Number
• Personal email address on file
• Worksite Facility Name
• Department
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2017-2020 MOU City of Baldwin Park&SEIU 721 Page 7
• Work Address
• Work Phone Number
The City shall notify the Union within thirty (30) calendar days of any employee who has a change in
employment status, including but not limited to promotion, demotion, transfer, reclassification,
retirement,or separation from service.
Section 5.6 Indemnity Clause
The Union agrees to indemnify and hold harmless the City for any loss or damages arising from the
operation of the provisions in this article.
Section 5.7 Use of City Facilities
The Union shall have use of City facilities for membership meetings, upon reasonable advance
notice to and approval by the appropriate City employee. Such use is subject to applicable City
regulations and availability.
Section 5.8 Bulletin Boards
The City shall make at least one (1) square foot of space available to the Union on the City's existing
employee bulletin boards for the purpose of posting notices pertaining to Union business.
Section 5.9 Union Training
Each calendar year, no more than five (5) eligible employees may be released from work, without
loss of pay and benefits, for up to a total of eighteen (18) hours of regular work time per eligible
employee. Such paid release time shall be for the exclusive purpose of attending SEN-sanctioned
training or classes that are appropriate to the employee's representation of the bargaining unit. This
paid release time is for regular work hours only and employees will not be entitled to compensatory
time or overtime for any such training. To be eligible, an employee must be designated as a Steward
or Chapter Board member by SEIU.
Management is responsible for staffing to accommodate such paid release time upon two (2) weeks'
advance notice by the Union. No more than two (2) eligible employees at a time may be on paid
release time for union training.
Section 5.10 Union Meetings
The City shall provide each employee up to two (2) hours of paid release time each month to attend
union meetings. Such meetings shall not be held during regular business hours of the City more
often than four(4) times per calendar year.
The sole exception to this annual limit is during negotiations for a successor MOU, wherein the \R)
Union shall be allowed to hold union meetings as often as needed, to keep employees informed o s \o�i\y"
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2017-2020 MOU City of Baldwin Park&SEIU 721 Pag-
the bargaining process, but not to exceed a total of two (2) hours of paid release time each month
for this purpose.
Section 5.11 Meet and Confer
In the event the Union is formally meeting and conferring with representatives of the City on
matters within the scope of representation daring regular working hours up to four (4) employees
from the unit shall be allowed paid release time,without loss of compensation or any other benefits.
Such paid release time shall include time to caucus and/or prepare for such meetings.
Section 5.12 New Employee Orientation
The City shall notify the Union of all new employees entering the bargaining unit. The City shall
provide the Union with no less than ten (10) days advance written notice of the new employee's date
of orientation.
The City agrees to provide each new employee with up to one (1) hour of paid release time to meet
with their union representative or steward to receive a copy of the most current MOU and be
provided with an orientation on the benefits of union membership. In the event a steward provides
the orientation, the steward shall also be provided with up to one (1) hour of paid release time in
which to conduct each orientation. If more than one (1) new employee is hired within the same pay
period, reasonable effort shall be made to schedule and conduct the orientations during the same
time frame.
ARTICLE 6 -ANTI-STRIKE CLAUSE
Section 6.1 Prohibited Conduct
A. 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.
B. 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 pro-visions of this agreement or applicable
ordinance or law.
C. Any employee who participates in any conduct prohibited in Section 6.1(A) above may be
subject to termination by the City.
D. 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 6.2- 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,
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2017-2020 MOU City of Baldwin Park&SEIU 721 JPage 9
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.
Section 6.2 Union Responsibility
In the event that the Union, its officers, agents, representatives, or members engage in any of the
conduct prohibited in Section 6.1 - Prohibited Conduct above, the Union or its duly authorized
representatives shall immediately instruct any persons engaging in such conduct that their conduct is
in violation of this MOU and unlawful, and they should immediately cease engaging in conduct
prohibited in Section 6.1 - Prohibited Conduct above, and return to work. They themselves must
also return to work.
If the Union performs all of the responsibilities set forth in this article, its officers,. agents, and
representatives shall not be liable for damages resulting from prohibited conduct performed by
employees who are covered by this agreement,in violation of Section 6.1 above.
ARTICLE 7 -WORK HOURS
Section 7.1 Work Period
The work period for all employees shall be seven (7) days in length commencing on Sunday at
12:01 A.M.
Section 7.2 Work Schedule
Employees are typically assigned to a 9/80 plan work schedule. The Union recognizes the City may,
at its sole discretion, end the 9/80 plan upon reasonable notification to the Union. The termination
of such plan is not subject to the grievance 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 9/80 plan does not create any additional overtime obligation
for the City under the Fair Labor Standards Act ("FLSA"). 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.
Section 7.3 Work Day
Employees assigned to the 9/80 plan work schedule shall have a standard Monday through
Thursday workday consisting of nine and one-half(91/2) hours with nine (9) hours of work time and
at least a thirty (30) minute,non-paid and unrestricted meal period. Employees shall have a standard
Friday workday consisting of eight and one-half(81/2) hours with eight (8) hours of work time and at
least a thirty (30) minute,non-paid and unrestricted meal period.
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2017-2020 MOU City of Baldwin Park&SEIU 721 Page 0
Section 7.4 Hours of Work
A. Regular Work Schedule
Employees assigned to a 9/80 work schedule 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.
B. Training and Conferences
When an employee is scheduled to attend a conference or training program Monday through
Friday, their work hours will be 8:00 A.M. to 5:00 P.M., Monday through Friday, so there is
no issue that they are eligible for overtime while attending the conference or 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 to and from the training facility outside of an employee's normal work shift is
not compensable hours of work.
C. Injury on Duty
While any employee is on "injury on duty" status, their work hours will be 8:00 A.M. to
5:00 P.M., Monday through Friday, so there is no issue that they are eligible for overtime
while receiving treatment or keeping doctor's appointments.
D. Donning and 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.
Section 7.5 Hours Worked
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.
Section 7.6 Meal Breaks
Employees will be provided with the opportunity to take a non-paid and unrestricted meal period
for every five (5) hours worked, consistent with the provisions of the FLSA. Employees are
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cautioned not to spend excessive amounts of time at their workstation before or after their norm r' I"
2017-2020 MOU City of Baldwin Park&SEIU 721 Page
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.
Section 7.7 Rest Breaks
Employees will be provided two (2) fifteen (15) minute rest breaks during their work shift, one (1)
each approximately at the midpoint of each one-half ('/z) work shift. Rest time isnot cumulative
beyond the half scheduled work shift within which the break period occurs nor may it be used to
extend lunch or shorten the work shift.
Section 7.8 Working Special Events
Work performed at the Baldwin Park Anniversary Parade, "4th of July", and Cinco de Mayo/Open
House events will be compensated at the overtime rate,irrespective of the total paid leave exclusions.
for the work period.
ARTICLE 8-SICK LEAVE
Section 8.1 Rate of Accrual
Sick leave shall accrue,on an hourly basis per pay period,at the rate of eight(8) hours per month.
Section 8.2 Maximum Accumulation
Each eligible employee shall elect their level of maximum sick leave accumulation. The maximum
accumulation may be set at three hundred (300), six hundred(600)or nine hundred(900)hours.The
maximum accumulation level elected by the employee will be irrevocable, unless the employee
desires to increase to a higher level.
Section 8.3 Use of Sick Leave
Unless otherwise addressed in this article, the use of sick leave shall be governed by Personnel Rule
§11.4 and debited on an hourly basis.
An employee may use accrued sick leave upon request for the following reasons:
• Absence due to illness or injury to the employee;or
• Preventative healthcare, including but not limited to medical, dental and vision
appointments;or
• To attend to a qualified family member;or
• Any other reason as permitted by law
2017-2020 MOU City of Baldwin Park&SEIU 721 age 12
Section 8.4 Cash-Out of Accumulated Sick Leave
Each January l$`,employees may commence to accrue sick leave hours above their elected maximum
accumulation level. At the close of each calendar year, each employee will receive seventy-five
percent (75%) of the unused portion of sick leave hours, which are in excess of their elected
maximum accumulation level, as compensation to be calculated at their then straight time hourly
rate.Payment will be made at the next closest pay period.
When an employee's service with the City is terminated for any reason, no compensation shall be
paid for any accumulated and unused sick leave hours.
ARTICLE 9—VACATION
Section 9.1 Rate of Accrual
An employee shall accrue vacation each pay period based on the following schedule:
Years of Service Accrual Rate per Pay Period Annual Accrual Rate
Up to 5 years 3.69 hours 96 hours
5 to 9 years 4.62 hours 120 hours
10 to 14 years 5.54 hours 144 hours
15 to 19 years 6.46 hours 168 hours
20 or more years 7.38 hours 192 hours
Accrual at the next highest level shall begin on the employee's anniversary date of the respective
years.
Section 9.2 Maximum Accumulation
The maximum accrual of vacation leave that may be accumulated shall be as follows:
Years of Service Maximum Accumulation
Up to 5 years 192 hours
5 to 9 years 240 hours
10 to 14 years 288 hours
15 to 19 years 336 hours
20 or more years 384 hours
0
2017-2020 MOU City of Baldwin Park&SEIU 721 P ge 13
Accumulation at the next highest level shall begin on the employee's anniversary date of the
respective years.
If an employee, because of business necessity, is not able to utilize excess accumulated vacation
hours, upon written request to and approval of the department head, an employee will be given an
extension in order to take their 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 their vacation or to avoid any conflicts.
Employees will be notified on a quarterly basis of their current and potential maximum vacation
accumulation for the calendar year to assist them in the reduction of excess vacation hours.
Section 9.3 Use of Vacation
The times during which an employee may take their 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) hours of vacation
leave. This minimum annual vacation leave requirement should be taken in consecutive hours;
however, an employee may, with approval of their department head, take this minimum vacation
leave in lesser increments during the calendar year. Such requests shall not be unreasonably denied.
Section 9.4 Holidays during Vacation Leave
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.
Section 9.5 Cash-Out of Accumulated Vacation
Employees who separate from the service of the City shall be eligible to receive compensation for all
unused,accrued vacation leave.Payment will be calculated at their then straight time hourly rate.
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2017-2020 MOU City of Baldwin Park&SEIU 721 Page 14
ARTICLE 10-HOLIDAYS
Section 10.1 Paid Holidays
A. The following days shall be observed as paid holidays:
New Year's Day January 1"
President's Day 3r Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1"Monday in September
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Friday after Thanksgiving Day 4th Friday in November
Christmas Eve Day December 24th
Christmas Day December 25th
B. Holidays are paid or credited,as applicable,at the rate of nine (9) hours per holiday.
C. Additional paid holidays shall be observed if they are designated as holidays by motion of the
City Council.
Section 10.2 Holidays Falling on Weekends
All holidays falling on a Saturday will be observed on the Friday immediately prior to the holiday.
All holidays falling on a Sunday will be observed on the Monday immediately following the holiday.
Section 10.3 Floating Holidays
On January 1, 2017, each employee will be credited with two (2) floating holidays,, for a total of
eighteen (18) hours.
On July 1, 2017, in formal recognition of Cesar Chavez as a state recognized holiday in 2017, each
employee will be credited with one (1) additional floating holiday for 2017.
On January 1, 2018 and on January 1$` every year thereafter, each employee will be credited with
three (3) floating holidays, for a total of twenty-seven (27) hours.
Floating holidays are credited to each employee's holiday bank,upon initial hire and each January 1",
at the rate of nine (9)hours per floating holiday.
Section 10.4 Holiday Bank
At the beginning of each calendar year,the City will determine how many of the paid holidays fall on
non-regularly scheduled work days,as determined by an employee's assigned work schedule,and the q,\,P'
2017-2020 MOU City of Baldwin Park&SEIU 721 Pag
employee will be credited with an equivalent number of hours of holiday time, at the rate of nine (9)
hours per holiday,in their holiday bank.
New employees will be initially credited with a pro-rated amount of holiday hours, based upon their
assigned work schedule and the paid holidays remaining in the same calendar year, from the
employee's date of hire to the pay period which includes December 31$`.
On a 9/80 work schedule,an employee's assigned work schedule will determine their"Friday"to be
scheduled to work or off-duty. The "Fridays" to be worked are computed as an eight (8) hour work
day. In the event of a holiday falling on a "Friday"work day, an employee will be credited with one
(1) hour of holiday time in their holiday bank
Section 10.5 Use of Holiday Bank
The actual date for the use of such leave shall be subject to the approval of the employee's
department head. Leave shall generally be used in increments equivalent to the work day being
requested for time off[For example:a standard nine (9)hour work day or a `Friday"eight(8)hour work day];
however, employees may also be permitted to take holiday leave in hourly increments.
Section 10.6 Maximum Accumulation
Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time.
Section 10.7 Working on a Holiday
An employee who is required to work on the following actual or observed holidays shall,in addition
to the nine (9) hours for the paid holiday, be compensated at time and one-half(11/2) for all regular
hours worked and double time (2X) for all overtime hours worked, irrespective of the total paid
leave exclusions for the work period:
• Thanksgiving Day
• Christmas Eve Day
• Christmas Day
Section 10.8 Cash-Out of Accumulated Holiday Hours
A. Hours in Excess of Maximum Accumulation
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 accumulation.
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2017-2020 MOU City of Baldwin Park&SEIU 721 Page
Each January 1s`, such excess hours will be removed from the employee's holiday bank,
calculated at their then straight time hourly rate and paid to the employee by no later than
June 30th of the same year.
B. Separation from Service
If an employee separates employment from the City and has used holiday bank tithe prior to
the occurrence of the actual holiday, they will have their vacation leave and/or final
paycheck reduced to reflect the excess holiday time used.
If an employee separates employment from the City and has not used any eligible accrued
holiday bank time, they will be paid for such eligible holiday bank time at their straight time
rate.
Section 10.9 Winter Holiday Leave
A. The City agrees to allow each employee the option to take a winter holiday leave from
Christmas Eve Day through New Year's Day each year. This time period shall include the
date(s) of the actual and observed holidays.
• 2017 Winter Holiday(Monday, 12/25/2017 through Monday,01/01/2018)
• 2018 Winter Holiday(Monday, 12/24/2018 through Tuesday,01/01/2019)
• 2019 Winter Holiday(Tuesday, 12/24/2019 through Wednesday,01/01/2020)
This program is on a trial basis and expires at the end of this MOU.
B. The City may opt to continue normal or reduced level city operations, through the use of
part-time employees and/or full time employees, daring this time period.
C. The Director shall retain the sole discretion to determine the levels required for minimal
staffing to meet operational needs, and to approve or deny leave requests based thereon.
Such approval or denial shall be based on seniority, except that no employee shall be denied
the option to take a winter holiday in successive years.
D. An employee who opts to take the time off with pay must utilize accumulated leave from
their vacation, compensatory, or holiday banks to cover any additional days which are not
already covered by a paid holiday occurring on their regularly scheduled shift.
E. Employees who do not wish to take a winter holiday, by utilizing time off from their
accumulated time banks to cover the additional days, may opt to continue working their
regularly scheduled shifts on those days.
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2017-2020 MOU City of Baldwin Park&SEIU 721 ``Page 17
ARTICLE 11-OTHER LEAVE
Section 11.1 Bereavement Leave
Each employee shall receive the equivalent of one (1)workweek of bereavement leave,not to exceed
a total of forty-four (44) regularly scheduled work hours per incident, as needed to attend to family
affairs,because of a death in the immediate family.
Immediate family shall mean and include only the employee's spouse, children (including step,
adopted, foster, or other recognized equivalent), grandchildren, parents (including in-law), siblings,
grandparents (including in-law),and registered domestic partner.
Individuals with relationships to the employee which are not set forth herein may be considered on a
non-precedential case-by-case basis by the CEO, upon written request of the employee. The
granting of such special request shall not constitute a past practice for the purpose of this MOU and
shall not be relied upon in subsequent requests by similarly situated employees.
Unused bereavement leave cannot be saved, added to the employee's holiday bank, converted to
cash,or remain available for other use at any other time.
Use of the bereavement leave shall commence within two (2)weeks of the death of the immediate
family member.The bereavement leave provided in this section is a separate paid leave which is not
to-be deducted from any other accumulated paid leave,such as sick leave,vacation,or holiday.
Section 11.2 Military Leave
An employee granted military leave pursuant to Personnel Rule §11.6 shall not be paid additional
compensation when such leave extends beyond the employee's regularly scheduled work week. A
copy of the employee's orders will be placed in the employee's personnel file for recordkeeping
purposes.
Section 11.3 Jury Duty
An employee granted jury duty leave pursuant to Personnel Rule §11.7 shall not be paid additional
compensation when such leave extends beyond the employee's regularly scheduled work week. An
employee summoned for jury duty shall provide a copy of the summons to their supervisor on the
first work day after receipt of such summons. The employee shall be required to remit payments
received to the City for jury duty service, excluding mileage reimbursement, which occurred during
regularly scheduled working hours.
Section 11.4 Statutory Leave
The City shall continue to provide employees with any and all leave to which the employee is
entitled by law. This includes, but is not limited to the Family and Medical Leave Act (FMLA),
California Family Rights Act (CFRA),Americans with Disabilities Act (ADA), Pregnancy Disability
2017-2020 MOU City of Baldwin Park&SEIU 721 Vir
Page 18
Leave (PDL), and leave for child-related activities in accordance with Labor Code X230.8, as
required by law.
Employees will have the same, but no greater, right to employment while on statutory leave as they
would have if actively working. To the extent that any leave is unpaid by statute, the Union
understands and expressly agrees employees are required to utilize all accumulated paid leave
concurrently with the statutory leave until such accumulated paid leave is exhausted.
While on statutory leave, an employee shall continue to be eligible to participate in the City's group
health insurance to the same extent that coverage is provided while the employee is actually working.
Section 11.5 Industrial Injury
When an employee is disabled by injury or illness arising out of or in the course of their duties, they
shall be entitled to full salary leave for the period of such injury or illness until they:
• Return to work;or
• Are determined as medically permanent and stationary by a City designated doctor;or
• Placed in an approved rehabilitation program;or
• Retired in accordance with established regulations of the California Public Employees'
Retirement System("Ca1PERS").
Notwithstanding the above,.such leave shall not exceed one (1)year.
An employee while on such full salary leave status shall accrue vacation and sick leave and receive
general salary increases approved for the classification as if they were actually performing their
duties.
If, during such full salary leave status, an employee is capable of performing on a restricted/light
duty basis and the needs of the department are such, the appointing authority may approve a
temporary modified status for the employee until the employee's permanent status in determined.
ARTICLE 12-INSURANCE BENEFITS
Section 12.1 Life Insurance
The City will provide each employee with term life insurance in the amount of fifty thousand dollars
($50,000) at no cost to the employee.
Section 12.2 Vision Plan
The City will provide a vision plan to each employee and will contribute up to a maximum premium
cost of thirty-four dollars and five cents ($34.05) per month. Any premium increase in excess of
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 19
thirty-four dollars and five cents ($34.05) per month shall be absorbed by the employee. There shall
be no cash-back payment of any remaining excess funds after the payment of the monthly premium.
Section 12.3 Medical Health Insurance
A. Public Employees Medical and Hospital Care Act(PEMHCA) Contribution
The City shall pay the monthly cost of the employer's minimum contribution as required by
Government Code §22892.
B. City's Maximum Contribution for Premiums
• Effective January 1, 2015, the City will contribute a maximum of nine hundred and
fifty dollars ($950) per month, towards the premium costs of a City-sponsored
medical health insurance plan of the employee's choice.
• Effective within the month of ratification of this MOU, the City will contribute a
maximum of one thousand, one hundred dollars ($1,100) per month, towards the
premium costs of a City-sponsored medical health insurance plan of the employee's
choice.
• Effective December 1, 2018, the City will contribute a maximum of one thousand,
two hundred dollars ($1,200) per month, towards the premium costs of a City-
sponsored medical health insurance plan of the employee's choice.
C. Term
The health plan coverage term, annual premium rates and PEMHCA employer contribution
amounts, as determined by CaIPERS, run from January 1s` through December 31' of each
calendar year.
D. Excess Premiums
Any premium in excess of the City's monthly maximum contribution shall be paid by the
employee via payroll deductions.
E. Excess Funds
There will be no cash-back payment of any remaining excess funds after the monthly
premium.
Section 12.4 Dental Insurance
The City will contribute up to a maximum premium cost of fifty-two dollars ($52) per month for
each employee, toward the cost of a City provided dental program.A premium increase in excess of
fifty-two dollars ($52) per month shall be absorbed by the employee. There shall be no cash-back
payment of any remaining excess funds after the payment of the monthly premium.
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 2 \off\
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Section 12.5 Long-Term Disability
The City will pay one hundred percent (100%) of the premium towards a long-term disability
insurance program which will provide benefits commencing on the thirty-first (31s`) day of non-
work related injury or illness. Employees will be eligible to receive a maximum benefit of sixty-six
and two-thirds percent (66 2/3%) of their current base salary, up to a maximum of five thousand
dollars ($5,000) per month.
ARTICLE 13—RETIREMENT
Section 13.1 Retirement Plans
The City contracts with CaIPERS to provide retirement benefits to eligible employees. There are
different tiers of miscellaneous retirement plans with defined benefits based on the employee's date
of hire and/or member status with CaIPERS as determined by the Public Employee's Pension
Reform Act of 2013 ("PEPRA").
A. Plan Tiers
Each retirement plan tier defines the retirement formula, final compensation calculation, and
employee contribution/cost sharing as follows:
• TIER I: Employees Hired prior to January 1.2013 and"Classic Members"of CaIPERS
"2.7%at 55"retirement formula (Government Code §21354.5).
Final compensation shall be calculated on the single highest year based on the average of
the twelve (12) highest paid consecutive months (Government Code§20042).
Effective October 25, 2015, employees will pay the employee's member contribution,
but not to exceed eight percent (8.0%). The City will continue to pay all other costs,
including but not limited to one hundred percent (100%) of the employer's costs,as may
be required by Ca1PERS.
• TIER II: Employees Hired on or after January 1, 2013 and "New Members" of
-CaIPERS
"2%at 62"retirement formula (Government Code§7522.20.
Final compensation shall be calculated on a three (3) year average based on the thirty-six
(36) highest paid consecutive months (Government Code§20037).
Employees are required to participate in cost sharing with the City by paying fifty
percent (50%) of the normal cost, as determined by CaIPERS each year (the employee's•
cost for 2017 is 6.25%).The City will pay all other costs as may be required by Ca1PERS.
Park&SEIU 721 Page 2 � t
2017 2020 MOU City of Baldwin �
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B. Additional Benefits
The City contracts with CalPERS to provide the following optional and statutory benefits:
• Annual Cost-of-Living Allowance
An Annual Cost-of-Living Allowance Increase (Government Code §21329) of up to two
percent(2%)during retirement.
• Survivor Benefit
The City is currently providing the First Level of 1959 Survivor Benefit (Government
Code §21571) for which each employee contributes ninety-three cents ($0.93) per
pay period.
The City agrees to submit for an amendment to the miscellaneous plans, as soon as
administratively possible but no later than July 1, 2018, to provide the Fourth Level of
1959 Survivor Benefit(Government Code §21574).
• Military Service Credit
An employee with qualifying military service may purchase, at their own expense,up
to four (4) years of Military Service Credit as Public Service(Government Code§21024).
Section 13.2 Medicare
In accordance with Medicare requirements and CalPERS procedures, as an employee/retiree
approaches age 65, a "Certification of Medicare Status" form will be sent to the individual by
CaIPERS regarding Medicare eligibility and enrollment in Medicare Parts A and B. The individual's
eligibility for Medicare and enrollment in a CaIPERS Medicare health plan will be determined once
the individual returns the completed form to CaIPERS. This form must be completed by the first
day of the month in which the individual reaches age 65. If CaIPERS has not received the form by
the end of the individual's birthday month, CaIPERS health coverage for the individual and all
enrolled dependents will be automatically canceled.
Section 13.3 Retiree Health Insurance
The City provides retiree medical health insurance through CaIPERS to eligible employees who
retire from City service and enroll in a CalPERS medical care plan. The City is required by
Government Code §22892 of the Public Employees' Medical and Hospital Care Act (PEMHCA) to
pay a monthly "minimum employer contribution" (MEC) on behalf of each retired annuitant. The
amount of the monthly MEC is adjusted annually and solely determined by CaIPERS.
Retiree medical benefits are based on the employee's initial date of hire with the City,as follows:
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2017-2020 MOU City of Baldwin Park&SEIU 721 Page 22
• TIER A: Employees Hired Prior to July 1.2015
The City shall pay the monthly MEC to Ca1PERS.
For example:In 2017, the MEC was$128.00.
In addition,the City shall also reimburse the retiree, or pay into a third-party fund, or by
some other mechanism provide the retiree with an amount which is equal to the
difference of the monthly MEC and the actual premium cost for "retiree only" or
"retiree+1" coverage in a Ca1PERS medical plan chosen by the retiree,in an amount not
to exceed seven hundred and eighteen dollars ($718.00) per month.
For example:In 2017, if a retiree chose "retiree only"coverage in a plan with a montbly
premium of$575.00, the City would contribute an additional$447.00 per month. If
that retiree had chosen "retiree+1" coverage in a plan with a monthly premium of
$1,150.00, the City would have contributed an additional$590.00 per month.
Any coverage that the retiree purchases in excess of "retiree+1" and/or in excess of
seven hundred and eighteen dollars ($718.00) per month shall be the sole responsibility
of the retiree.
• TIER B: Employees Hired On or After July 1.2015
The City shall pay the monthly MEC to Ca1PERS.
For example:In 2017, the MEC was$128.00.
In addition, the City shall reimburse the retiree, or pay into a third-party fund, or by
some other mechanism provide the retiree with an amount which is equal to the
difference of the monthly MEC and the premium cost for "retiree only" coverage in a
CalPERS medical plan chosen by the retiree,in an amount that shall increase consistent
with the employee's years of service to the City,as follows:
Full Years of Service City Paid%of Single Party Premium
0-5years 0%
6-10 years 20%
11 -15 years 40%
16-20 years 60%
21 -25 years 80%
26 years or more 100%
2017-2020 MOU City of Baldwin Park&SEIU 721 Pageu\\°1'
For example:In 2017, if a retiree with 26 years of service chose "retiree only"coverage in
a plan with a monthly premium of$575.00, the City would contribute an additional
$447.00 per month. If a retiree with 17 years of service chose that same plan, the City
would only contribute an additional$268.20 per month.
Any coverage that the retiree purchases in excess of "retiree only" shall be the sole
responsibility of the retiree.
Section 13.4 Deferred Compensation Plan
The City shall provide a 457 deferred compensation plan to all employees in which contributions,up
to the legal limit and on a pre-tax basis, can be made to the plan. Employees may make voluntary-
contributions to the plan on their own behalf.
ARTICLE 14-COMPENSATION
Section 14.1 Salary Ranges
The City shall continue to maintain a seven (7) step compensation plan with no less than a five
percent(5%) separation between each salary step.
Section 14.2 Merit Increase
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 until they reach the maximum step.
Section 14.3 Salary Increase
The following base salary increases shall be provided to all employees and added to each salary step
in the salary range of each classification:
• Effective the first full payroll period including July 1,2017—two percent(2%)
• Effective the first full payroll period including July 1,2018—two percent(2%)
• Effective the first full payroll period including July 1,2019—two percent(2%)
Section 14.4 YY-Rating
Those employees that are "Y-rated" will 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.
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 4 0‘
ARTICLE 15—SPECIAL PAY PROVISIONS
Section 15.1 Overtime
A. FLSA Overtime
All employees required to perform work in excess of forty (40) hours in a seven (7) day cycle
shall receive compensation at the rate of time and one-half(11/2) of their FLSA rate of pay.
B. Double Time
All employees shall receive compensation at the rate of two (2X) times their FLSA rate of
pay if they work overtime on a holiday as designated in Section 10.7 of this MOU.
C. Authorization for Overtime
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.
Section 15.2 Compensatory Time
A. Accrual
In lieu of receiving cash payment for overtime hours worked, an employee may elect to earn
compensatory time.
B. Maximum Accumulation
An employee may carryover a maximum of forty (40) hours from calendar year-to-year.
C. Use of Compensatory Time Off
The time during which an employee may take their compensatory time off shall be approved
by the employee's supervisor with due regard for the wishes of the employee and the service
needs of the City.
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 25
D. Cash-Out of Compensatory Time
Upon death or separation from City service,all accumulated compensatory time shall be paid
at the employee's straight time hourly base rate at the time of the cash-out.
Section 15.3 Call Back
A. Call Back Defined
Call back occurs when an employee is ordered to, and does, return to duty or perform work
during non-regularly scheduled work hours. This includes, but is not limited to making,
receiving and/or responding to telephone inquiries regarding work-related issues during off-
duty hours, reporting to work earlier than scheduled, or reporting to work on a regularly
scheduled day off. This specifically exdudes any response to a telephone inquiry that
consists of or results in an indication of unwillingness or inability to accept the assignment
offered or to carry out the order given.
Call back does not occur when an employee is held over from their prior shift without any
break in consecutive work hours.
B. Guaranteed Minimum Payments
Call back begins when an employee who has accepted the assignment either (a) commences
work; or (b) begins travel to the place of assignment,whichever is earlier.Any hours worked
in excess of the following guaranteed minimum payments per incident shall be paid in
minimum fifteen (15) minute increments for actual time worked.
1. Physical Call Back
An employee called back to perform work at a physical location shall be credited with a
minimum of four (4) hours work.
2. Remote and Telephonic Call Back
An employee who, during non-regularly scheduled work hours, follows an order to
perform work from a remote location (For example: accessing a data base, sending/receiving e-
mail, etc.) or required to answer, respond to, or make telephone calls shall be credited
with a minimum of one (1) hour of work.
C. Travel Time for Call Back
All portal-to-portal travel time required for a call back shall be considered hours worked and
shall be included for the purpose of calculating overtime. Any intermediate or non-work
related task in which the employee chooses to engage between completion of a call back
order and return to the employee's off-duty activities will serve to cut off call back pay upon
the commencement of the employee's performance of or travel to that activity. `�
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2017-2020 MOU City of Baldwin Park&SEIU 721 age 26
D. Rate of Payment for Call Back
All call back hours will be compensated at the applicable overtime rate, irrespective of the
total paid leave exclusions for the work period.
There shall be no duplication or pyramiding of call back rates under this section.
For example: If an employee is called back to perform work at a physical location at
8:00 P.M. and completes the task by 9:00 P.M., and then receives a second call back
assignment at 10:00 P.M. (while still on duty for the first call back), the employee would
receive the single four (4) hour guaranteed minimum payment. However, if the employee
subsequently receives another call back after 12:00 A.M. a new guaranteed minimum
payment would apply.
Absent call backs which occur within the same consecutive time period, each individual call
back event shall be subject to the minimum guaranteed payments outlined in this section.
E. Callback Absent a Standby Assignment
The City understands assigning employees to standby duty would ensure the City has
qualified employees ready and available to respond,without delay, to after-hours operational
needs and/or emergencies on behalf of the City. However, the City wants to avoid the cost
of assigning employees to standby duty on a routine basis.Therefore, employees shall not be
obligated to respond to work-related calls they may receive while off-duty. This provision
does not prevent the City from ordering an employee to respond to work during a bona fide
emergency, if the City makes actual verbal or personal contact with the employee and the
employee is able to meet the requirements for such an emergency response. No employee
shall be subject to reprisal for failing to make themselves available to respond to off-duty
calls or for not being able to meet the requirements for such an emergency response (For
example: refraining from activities during their scheduled of duty time which might impair their ability to
perform work or located outside of the response area, etc.).
Section 15.4 Bilingual Pay
The City shall pay one hundred dollars ($100) per month to a person who is capable of speaking,
reading, writing and/or interpreting the languages of Spanish, Chinese, Japanese, Vietnamese,
Tagalog,Armenian,Farsi and American Sign Language (ASL).
Qualifying tests established by the City shall make the determination of capability.
Section 15.5 Longevity Pay
Effective January 1, 2018, the City shall provide a monthly longevity premium to each eligible
employee as follows:
vokcb
o
P k
gPage 112017-2020 MOU City of Baldwin Park&SEIU 721 27
Years of Service Monthly Premium
Five (5)-Nine (9)Years $25
Ten(10)-Fourteen (14)Years $50
Fifteen (15)-Nineteen (19)Years $75
Twenty(20)-Twenty-four (24)Years $100
Twenty-five (25)Years or more $125
The employee shall begin receiving the monthly premium on their first anniversary date following
the completion of the required continuous years of service with the City. For the purpose of this
section,the employee's anniversary date is the date upon which the employee was initially hired with
the City.
Section 15.6 Education Incentive
Effective January 1,2018,the City shall pay one hundred dollars ($100) per month to each employee
who holds an associate's or bachelor's degree from an accredited college or university. The degree
must be applicable to the employee's current or future work field/duties with the City, as
determined by the CEO. Employees must submit a written request, along with a copy of their
degree, to their Director for consideration. Such written request, along with the Director's
recommendation and the CEO's final written approval/denial of the request, shall be placed in the
employee's personnel file.
Section 15.7 License/Certification Pay
Each employee who has the following licenses and/or certificates shall be compensated one
hundred and fifty dollars ($150) per month for each such license/certification. Such compensation
shall be limited to the number of employees as follows:
• Class A or B California Driver's License
Any employee who maintains this license.
• QAC (Qualified Applicator Certificate)
Two (2) employees maximum at any one time, with rotation if more than two (2) are
qualified.
• PCA (Pest Control Applicator):
Two (2) employees maximum at any one time, with rotation if more than two (2) are
qualifiedoff\ toct)
0
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 28
• ASE (Automotive Service Excellence)
Any employee in Fleet.
• Backflow Certification
One (1) employee maximum at any one time,with rotation if more than one (1)is qualified.
In order to receive the license or certificate pay, the employee must be assigned to the division
which would benefit by use of the license and/or certificate. Excluding the driver's licenses, an
employee shall be selected for and be removed from license/certification pay by the Director of
Public Works. Employees shall not acquire vested property rights to the listed pays as stated above,
excluding the driver's licenses.The Director of Public Works reserves the right to schedule hours of
assigned personnel as they deem necessary.
Section 15.8 Specialty Assignment Pay
Employees shall be selected for and be removed from assignments by the Director of Public Works.
When the number of qualified employees exceeds any maximums listed, the Director of Public
Works will develop a rotation schedule for the assignments. Employees shall not acquire vested
property rights to the assignment or the pay attached thereto.
A. Graffiti Crew
Each employee who is assigned to the graffiti crew shall be compensated one hundred and
fifty dollars ($150)per month.
Section 15.9 Acting Pay
Whenever the needs of the City require an employee to temporarily perform the duties of a higher
classification than that in which the employee is currently employed, the employee shall receive the
salary rate of the higher classification in which they are performing the required duties.
Personnel Rule§4.4 shall be modified by this MOU 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 Personnel Rule§4.4 shall remain in their current form.
Section 15.10 Safety Work Boots
The City will provide a voucher and/or reimbursement system to all employees for the purchase,
repair and maintenance of safety work boots in compliance with the standards of the Occupational
Safety and Health Administration ("OSHA").
The City will pay up to a maximum of three hundred dollars ($300) per fiscal year for the purchase
or repair of OSHA approved safety work boots. Any excess funds may be used to purchase socks,
support hose, or other footwear accessories. Each employee shall purchase a minimum of two (
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 2 0�Q
pairs of safety work boots per fiscal year. Any costs which exceed three hundred dollars ($300) per
fiscal year shall be the responsibility of the employee.
All employees being provided such reimbursement or safety work boots will be required to wear
such boots during their assigned work hours. Employees will only be required to wear steel-toe work
boots if required by their specific job duties for safety.
The City has made arrangements with Red Wing in Covina and El Monte to allow employees to
purchase their safety work boots; however, employees may purchase OSHA approved safety work
boots through a vendor of their choice. Upon approval of their assigned Public Works Supervisor,
each employee shall be allowed up to one (1) hour of scheduled work time to purchase their safety
work boots.
ARTICLE 16-GENERAL PERSONNEL PROVISIONS
Section 16.1 Probationary Period
A. Initial Probation
The initial probationary period shall be twelve (12) months. At any time dnring the initial
probationary period,an employee may be rejected without cause and without right of appeal.
B. Probation Following Promotion
An employee promoted to a higher position shall serve a probationary period of twelve (12)
months. If an employee serving a probationary period for a promotional appointment is
rejected, they shall be reinstated to their former classification at the same salary step
previously held.
Section 16.2 Contracting Out
It is agreed that the City may utilize outside contractors for the performance of maintenance
functions. However, no employee will be laid off as a result of utilizing any outside contractor for
the duration of this MOU.
Section 16.3 Strenuous Activity
The City will minimi7e strenuous outdoor activity during periods of high smog and/or heat in
compliance with OSHA standards. The final determination as to what tasks are to be reduced
and/or performed is to be made by the City.
Section 16.4 Layoffs
The parties agree that the City may opt to implement a reduction in force due to economic reasons
pursuant to Personnel Rule §13. Any reduction in workforce shall be done in the following order
and by seniority: ‘a)
2017-2020 MOU City of Baldwin Park&SEIU 721 110 Page 30
• Contracted employees
• Probationary Part-Time employees
• Permanent Part-Time employees
• Probationary Full-Time employees
• Permanent Full-Time employees
An employee listed for a reduction in workforce may utilize bumping rights, by seniority, in
accordance with Personnel Rule§13.
Section 16.5 Personnel Rules
In the event the City drafts new or revised personnel policies, the unit shall be provided the
opportunity to discuss the policies,provide their comments,and attempt to reach mutual agreement
on the language content. The Union agrees that failure to reach mutual 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.
Section 16.6 Joint Labor Management Committee
The City agrees to maintain a Joint Labor Management Committee ("JLMC") for discussion of
general issues of mutual concern to the City and the Union. The parties understand and agree the
objective of the JLMC is to have a forum for the informal discussion of labor-related issues as they
arise and the authority of the JLMC does not extend beyond an advisory nature. The JLMC shall
consist of an equal number of union and management representatives and meet on an ad hoc basis.
Section 16.7 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 agree 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 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 req ' b`'\)\%
2017-2020 MOU City of Baldwin Park&SEIU 721 Pag
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 the setting aside of any provision.
Section 16.8 Alcohol/Drug Abuse and Testing
A. Pre-Employment Alcohol and Drug Testing
The parties agree that all new hires represented by the unit will be subject to
pre-employment alcohol and drug testing. Employment will be contingent upon the results
of this testing.
The parties specifically understand and agree that marijuana remains a Class I controlled
substance under federal law, and despite the existence of conflicting state law, the City is
entitled to, and will,without exception, deny employment to any applicant who tests positive
for marijuana on a pre-employment drug test.
B. Alcohol and Drug Abuse Policy
1. City Policy
The City will maintain a 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.
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 their supervisor, before beginning work, when taking
medications or drugs (including the possible effects of taking such medication and drugs)
which could foreseeably interfere with the safe and effective performance of duties or
operation of equipment. In the event there is a question regarding an employee's ability
to safely and effectively perform assigned duties while using such medications or drugs,
clearance from their physician may be required.
The parties 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.
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2017-2020 MOU City of Baldwin Park&SEIU 721 Page 32
The City is committed to providing reasonable opportunity for rehabilitation for those
employees whose drug or alcohol problem classifies them handicapped or disabled 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 or disabled under
federal or state law.
2. Application
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.
3. Employee Responsibilities
An employee must:
• Refrain from the use of, or possession of, illegal drugs (including marijuana) or
narcotics while on duty;
• Not report to work while their ability to perform job duties is impaired due to
alcohol or drug use;
• 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;
• 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;
• Notify their supervisor, before beginning work, when having consumed alcohol or
when taking any medications (prescription or non-prescription) or drugs (including
marijuana), which may interfere with the safe and effective performance of duties or
operation of equipment;
• Report to their supervisor of any criminal drug statute conviction no later than five
(5) clays after such conviction;
• 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 (including marijuana) 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 �,o<`fl
seek help voluntarily, the City will be equally firm in identifying and disciplining tho \v`b`
who continue to be substance abusers and do not seek help. The Union acknowle < a\
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 3
and agrees that an employee who has not previously sought assistance for alcohol or
drug issues may not offer the need for treatment as a mitigating circumstance in any
disciplinary action.
4. Management Responsibilities
Managers and supervisors are responsible for:
• Reasonable enforcement of this policy.
• Notifying the affected contract/granting agency within ten (10) days after receiving
notice of any conviction.
• Referring subordinates, as needed,to the Personnel Services office for a summary of
available benefits through the various health plans.
• Treating any cases, where rehabilitation has been recommended in writing by the
employee's physician or is already underway, as a medical situation subject to current
medical leave policies.
• Maintaining 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.
• Sharing information only when there is a bona fide "need to know" in instances
where referrals, rehabilitation, medical leaves, work accommodation, discipline or
other employment related decisions are affected.
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
Officer.
Section 16.9 Smoking Policy
The City and the Union agree to abide by Personnel Rule §18 which regulates smoking in the City
workplace.
The City and the Union understand employees may not smoke in and around City owned premises
(including areas typically closed to the public), public parks and other recreational facilities.
Employees may not smoke in City owned vehicles. The City and the Union expressly agree any past
practice which permitted smoking in any area or at any time prohibited by Personnel Rule §18 is null
and void.
Smoke or smoking is defined as the burning of any form of tobacco,in a pipe,cigar,cigarette, or any
other device used for the burning of tobacco or other similar combustible material rso that the
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 34
person in possession thereof can inhale and exhale the smoke therefrom. This definition specifically
includes vaping,electronic cigarettes,or any equivalent thereto.
Section 16.10 Tuition Reimbursement
Reimbursement eligibility for employees who have passed initial probation shall be in an amount not
to exceed one thousand five hundred dollars ($1,500) per fiscal year.
Reimbursement shall be subject to Personnel Rule §2.8, with the exception that tuition
reimbursement shall allowed for courses provided by an accredited college, university, trade or
vocational school and in a field in study reasonably related to the employee's duties or for the
purpose of promotional opportunities.
Section 16.11 Lockers
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 their own discretion.
ARTICLE 17—DISCIPLINE
Section 17.1 Disciplinary Procedures
An employee who has completed initial probation may appeal disciplinary actions pursuant to
Personnel Rule§14.
Section 17.2 Written Warnings and Reprimands
Written warnings and reprimands 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 or reprimand placed in their personnel file.
Section 17.3 Stale Discipline
A verbal or written warning/reprimand may be removed from an employee's official personnel file,
upon written request to the Personnel Officer,if it is over four (4) years old. 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
three (3) years from the date the most recent notice was issued or management action taken, said
verbal or written warning/reprimand may be removed from consideration for subsequent discipline
or employment actions.
35
2017-2020 MOU City of Baldwin Park&SEIU 721 Page
ARTICLE 18—GRIEVANCE PROCEDURES
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 supervision.
Section 18.1 Definition
A "grievance" is a formal,written allegation by a grievant that they have been adversely affected by
an existing violation, misinterpretation or misapplication of the specific provisions of the MOU
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.
Personnel Rule §15 shall be modified by this agreement to provide the utilization of the grievance
procedure for employees who receive performance evaluations rated at the level of marginal and/or
unsatisfactory.
Section 18.2 Timelines
If the time limits for employees' appeals at any step should lapse, 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
their administrative remedy.
Section 18.3 Representation
The employee may request the assistance of a recognized union representative of their own choice
in preparing and presenting their grievance at any level of review.
Section 18.4 Freedom from Reprisal
Employees shall be assured freedom from reprisal for using the grievance procedure.
Section 18.5 Informal Resolution
Every effort shall be made to resolve a grievance through discussion between the employee and their
immediate 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
shaft attempt to resolve it by an informal conference with the grievant's immediate supervisor.
.10\%
2017-2020 MOU City of Baldwin Park&SEIU 721 age 36
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.
Section 18.6 Step One-Division Head Review
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 written response from their 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.
Section 18.7 Step Two-Appointing Authority Review
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 written response from the division
head,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 their 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.
Section 18.8 Step Three-Executive Team Review
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 This shall be the final administrative state of review.
— z\ob
\11
2017-2020 MOU City of Baldwin Park&SEIU 721 W Page 37
APPENDIX A-SALARY SCHEDULES
SEIU General Unit of Mai tenanc employees \ ��\ \� ,�
TEfectiVe July 1,2O17y�2o1ocCLA \\ ��
Job# JobRate Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Classification
Hourly $20.00 $21.00 $22.05 $23.15 $24.31 $25.52 $26.80
40061 EQUIPMENT Monthly $3,466 $3,640 $3,822 $4,013 $4,213 $4,424 $4,645
MECHANIC
Annual $41,596 $43,676 $45,859 $48,152 $50,560 $53,088 $55,742
Hourly $16.85 $17.70 $18.58 $19.51 $20.49 $21.51 $22.59
40054 MAINTENANCE Monthly $2,921 $3,068 $3,221 $3,382 $3,551 $3,729 $3,915
WORKER I
Annual $35,057 $36,810 $38,651 $40,583 $42,612 $44,743 $46,980
Hourly $18.54 $19.47 $20.44 $21.46 $22.54 $23.66 $24.85
40055 MAINTENANCE Monthly $3,214 $3,374 $3,543 $3,720 $3,906 $4,101 $4,307
WORKER II
Annual $38,564 $40,492 $42,516 $44,642 $46,874 $49,218 $51,679
Hourly $28.10 $29.50 $30.98 $32.53 $34.16 $35.86 $37.66
80021 PUBLIC WORKS Monthly $4,871 $5,114 $5,370 $5,638 $5,920 $6,216 $6,527
SUPERVISOR
Annual $58,447 $61,370 $64,438 $67,660 $71,043 $74,595 $78,325
SENIOR Hourly $22.00 $23.10 $24.25 $25.47 $26.74 $28.08 $29.48
40053 EQUIPMENT Monthly $3,813 $4,004 $4,204 $4,414 $4,635 $4,866 $5,110
MECHANIC Annual $45,755 $48,043 $50,445 $52,968 $55,616 $58,397 $61,317
SENIOR Hourly $20.47 $21.49 $22.56 $23.69 $24.88 $26.12 $27.43
40060 MAINTENANCE Monthly $3,547 $3,725 $3,911 $4,106 $4,312 $4,527 $4,754
WORKER Annual $42,567 $44,696 $46,931 $49,277 $51,741 $54,328 $57,044
STREET Hourly $19.00 $19.95 $20.95 $22.00 $23.10 $24.25 $25.47
40062 SWEEPER Monthly $3,294 $3,459 $3,632 $3,813 $4,004 $4,204 $4,414
OPERATOR Annual $39,527 $41,504 $43,579 $45,758 $48,046 $50,448 $52,970
\I?vb\-
°
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 38
SEIU Geaal Unit of Maintenance Eplo�ees \
ff°ective July 1, 2018-2 o CCLA
Job# Job Rate Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Classification
Hourly $20.40 $21.42 $22.49 $23.61 $24.79 $26.03 $27.34
40061 EQUIPMENT Monthly $3,536 $3,712 $3,898 $4,093 $4,298 $4,512 $4,738
MECHANIC
Annual $42,428 $44,549 $46,777 $49,115 $51,571 $54,150 $56,857
Hourly $17.19 $18.05 $18.95 $19.90 $20.90 $21.94 $23.04
40054 MAINTENANCE Monthly $2,980 $3,129 $3,285 $3,450 $3,622 $3,803 $3,993
WORKER I
Annual $35,758 $37,546 $39,424 $41,395 $43,465 $45,638 $47,920
Hourly $18.91 $19.86 $20.85 $21.89 $22.99 $24.14 $25.34
40055 MAINTENANCE Monthly $3,278 $3,442 $3,614 $3,795 $3,984 $4,184 $4,393
WORKER II
Annual $39,335 $41,302 $43,367 $45,535 $47,812 $50,202 $52,712
Hourly $28.66 $30.09 $31.60 $33.18 $34.84 $36.58 $38.41
80021 PUBLIC WORKS Monthly $4,968 $5,216 $5,477 $5,751 $6,039 $6,341 $6,658
SUPERVISOR
Annual $59,616 $62,597 $65,727 $69,013 $72,464 $76,087 $79,892
SENIOR Hourly $22.44 $23.56 $24.74 $25.97 $27.27 $28.64 $30.07
40053 EQUIPMENT Monthly $3,889 $4,084 $4,288 $4,502 $4,727 $4,964 $5,212
MECHANIC Annual $46,671 $49,004 $51,454 $54,027 $56,728 $59,565 $62,543
SENIOR Hourly $20.87 $21.92 $23.01 $24.16 $25.37 $26.64 $27.97
40060 MAINTENANCE Monthly $3,618 $3,799 $3,989 $4,189 $4,398 $4,618 $4,849
WORKER Annual $43,419 $45,590 $47,869 $50,263 $52,776 $55,415 $58,185
STREET Hourly $19.38 $20.35 $21.37 $22.44 $23.56 $24.74 $25.98
40062 SWEEPER Monthly $3,360 $3,528 $3,704 $3,889 $4,084 $4,288 $4,502
OPERATOR Annual $40,318 $42,334 $44,450 $46,673 $49,006 $51,457 $54,030
0.vo
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 39
CITY OF iD NPA v vv
SEIU General Unit of Maintenance Employees ,�
Effective.dui 1 2019-2%COLA �y�
Job# Job Rate Step\I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Classification
Hourly $20.81 $21.85 $22.94 $24.09 $25.29 $26.55 $27.88
40061 EQUIPMENT Monthly $3,606 $3,787 $3,976 $4,175 $4,384 $4,603 $4,833
MECHANIC
Annual $43,276 $45,440 $47,712 $50,098 $52,603 $55,233 $57,994
Hourly $17.54 $18.41 $19.33 $20.30 $21.31 $22.38 $23.50
40054 MAINTENANCE Monthly $3,039 $3,191 $3,351 $3,519 $3,694 $3,879 $4,073
WORKER I
Annual $36,474 $38,297 $40,212 $42,223 $44,334 $46,551 $48,878
Hourly $19.29 $20.25 $21.27 $22.33 $23.45 $24.62 $25.85
40055 MAINTENANCE Monthly $3,343 $3,511 $3,686 $3,870 $4,064 $4,267 $4,481
WORKER II
Annual $40,121 $42,128 $44,234 $46,446 $48,768 $51,206 $53,767
Hourly $29.23 $30.70 $32.23 $33.84 $35.54 $37.31 $39.18
80021 PUBLIC WORKS Monthly $5,067 $5,321 $5,587 $5,866 $6,159 $6,467 $6,791
SUPERVISOR
Annual $60,809 $63,849 $67,042 $70,394 $73,913 $77,609 $81,489
SENIOR Hourly $22.89 $24.03 $25.23 $26.49 $27.82 $29.21 $30.67
40053 EQUIPMENT Monthly $3,967 $4,165 $4,374 $4,592 $4,822 $5,063 $5,316
MECHANIC Annual $47,604 $49,984 $52,483 $55,108 $57,863 $60,756 $63,794
SENIOR Hourly $21.29 $22.36 $23.47 $24.65 $25.88 $27.17 $28.53
40060 MAINTENANCE monthly $3,691 $3,875 $4,069 $4,272 $4,486 $4,710 $4,946
WORKER Annual $44,287 $46,501 $48,827 $51,268 $53,831 $56,523 $59,349
STREET Hourly $19.77 $20.76 $21.80 $22.89 $24.03 $25.23 $26.50
40062 SWEEPER Monthly $3,427 $3,598 $3,778 $3,967 $4,166 $4,374 $4,593
OPERATOR Annual $41,124 $43,180 $45,339 $47,606 $49,987 $52,486 $55,110
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 40
EXECUTION OF THE NEW MOU
On January 8, 2018, this MOU was ratified by simple majority vote of unit employees who are in
classifications represented by the Union.
On January 17, 2018, this MOU was approved by a vote of the City Council for the City of Baldwin
Park on Agenda Item# (Resolution No. 2018- on the MOU and Resolution No.
2018- for the SEIU Comprehensive Pay Schedules).
Following its execution by the three (3) authorized signatories for the parties, the City shall
implement its terms and conditions by appropriate lawful action.
In witness thereof, the authorized signatories hereto have caused this MOU to be executed this
day of 2018.
AUTHORIZED SIGNATORIES TO THE MEMORANDUM OF UNDERSTANDING
SE/U Local 721 Citi of Baldwins Pini
144„6,. io /o$/ZDV$ 111111111.111
WENDY THOMAS,CHIEF NEGOTIATOR MANUEL LOZANO
SEIU LOCAL 721 MAYOR
STEPHEN COUCHMAN SHANNON YAUCHZEE,CHIEF NEGOTIATOR
MAINTENANCE WORKER I CHIEF EXECUTIVE OFFICER
ADAM DITTO ANDREA CUTLER
EQUIPMENT MECHANIC INTERIM HUMAN RESOURCES DIRECTOR
GUISEPPE"JOE"LICITRA ROSE TAM
SENIOR EQUIPMENT MECHANIC CHIEF FINANCIAL OFFICER
GEORGE MARTINEZ LAURA J.THOMAS
PUBLIC WORKS SUPERVISOR HUMAN RESOURCES DIRECTOR
SEAN B.GIBBONS
LABOR ATTORNEY
2017-2020 MOU City of Baldwin Park&SEIU 721 Page 41