MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF FONTANA
AND
TEAMSTERS LOCAL 1932,
CITY HALL BARGAINING UNIT
COVERING THE PERIOD OF
JULY 1, 2021 THROUGH JUNE 30, 2024
TABLE OF CONTENTS
ARTICLE 1: RECOGNITION ........................................................................................... 1 ARTICLE 2: CITY PERSONNEL RULES ........................................................................ 1 ARTICLE 3: NO DISCRIMINATION ................................................................................ 2 ARTICLE 4: UNION MEMBERSHIP ................................................................................ 2 Section 1. Dues Deduction .......................................................................................... 2 Section 2. Hold Harmless Clause ................................................................................ 3 Section 3. Employee's Right To Revoke Agency Shop ............................................... 3 ARTICLE 5: WAGES ....................................................................................................... 3 ARTICLE 6: WORKING HOURS AND WORK SCHEDULES ......................................... 3 ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE CASH OUT AND NEGATIVE LEAVE USAGE ........................................................................... 4 Section 1. Personal Leave Accrual .............................................................................. 4 Section 2. Leave Accrual Limits .................................................................................... 4 Section 3. Leave Cash Out .......................................................................................... 4 Section 4. Negative Leave Usage ............................................................................... 5 ARTICLE 8: BILINGUAL DIFFERENTIAL ....................................................................... 5 ARTICLE 9: CERTIFICATE PAY .................................................................................... 5 ARTICLE 10: HEALTH INSURANCE .............................................................................. 6 Section 1 Health Insurance ........................................................................................... 6 Section 2. Health Insurance Benefits While on Leave ................................................. 6 ARTICLE 11: OVERTIME AND COMPENSATORY TIME .............................................. 6 Section 1. Overtime ..................................................................................................... 6 Section 2. Compensatory Time ................................................................................... 7 ARTICLE 12: HOLIDAYS ................................................................................................ 7 Section 1. Holidays Observed ..................................................................................... 7 Section 2. Holiday Occurring on a Weekend ............................................................... 7 Section 3. Compensation for Working Holidays ........................................................... 8 Section 4. Eligibility for Holiday Pay ............................................................................ 8 Section 5. Winter Holiday Closure ............................................................................... 8 ARTICLE 13: RETIREMENT BENEFITS ........................................................................ 9 Section 1. Participation ................................................................................................ 9 Section 2. 1959 Survivor's Benefit ............................................................................. 10 Section 3. PERS Military Buy-Back ........................................................................... 10 Section 4. Health Insurance for Retired Employees .................................................. 10 ARTICLE 14: DEFERRED COMPENSATION .............................................................. 11 ARTICLE 15: LONGEVITY PAY ................................................................................... 11 ARTICLE 16: CALL BACK PAY .................................................................................... 12 ARTICLE 17: REGULAR/CLASSIFIED PART-TIME (RCP) EMPLOYEES ................... 12 ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS ............................... 13 ARTICLE 19: STANDBY DUTY .................................................................................... 13 Section 1. Definition of Standby ................................................................................. 13 Section 2. Eligibility .................................................................................................... 13 Section 3. Assignment to Standby ............................................................................. 14 Section 4. Authority for Emergency Call Out ............................................................. 14 Section 5. Standby Compensation ............................................................................ 14 ARTICLE 20: UTILIZATION OF UNDERFILL CLASSIFICATIONS ............................... 15 Section 1. Budgetary Underfill ................................................................................... 15 Section 2. Trainee Underfill ....................................................................................... 15 ARTICLE 21: LAYOFFS ................................................................................................ 15 ARTICLE 22: MERIT INCREASES ............................................................................... 16 ARTICLE 23: SHORTS OPTION .................................................................................. 16 ARTICLE 24: ACCESS TO WORK LOCATIONS .......................................................... 16 ARTICLE 25: EMPLOYMENT-RELATED UPDATES .................................................... 16 ARTICLE 26: HEALTH AND SAFETY COMMITTEE .................................................... 17 ARTICLE 27: EDUCATIONAL ACHIEVEMENT PAY .................................................... 17 ARTICLE 28: WELLNESS ............................................................................................. 17 ARTICLE 29: UNIFORMS ............................................................................................. 18 Section 1. Uniform Allowance (July 2021) ........................................................................ 18 Section 3. State Labor Code Requirements .............................................................. 18 ARTICLE 30: SEVERABILITY ....................................................................................... 18 ARTICLE 31: LOCAL UNION ACTIVITIES ................................................................... 18 ARTICLE 32: GRIEVANCE PROCEDURE ................................................................... 19 ARTICLE 33: PAYMENTS OUTSIDE OF REGULAR PAY ........................................... 19 ARTICLE 34: VEHICLE ELECTRONIC TRACKING TECHNOLOGY ........................... 19 ARTICLE 35: SALARY SURVEY .................................................................................. 19 ARTICLE 36: REVIEW OF ENVIRONMENTAL CONTROL TECHNICIAN
CLASSIFICATION ..................................................................................................... 19
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF FONTANA
AND
TEAMSTERS LOCAL 1932 UNION,
CITY HALL BARGAINING UNIT
This Memorandum of Understanding ("Agreement") is entered into by the City of Fontana (hereinafter referred to as the "City") and the Teamsters Local 1932 Union (hereinafter referred to as the "Union"). The terms and conditions of this Agreement shall be applicable to all employees set forth in Appendix “A” commencing on July 1, 2021 and ending June 30, 2024.
The City and Union acknowledge that the City is working toward implementation of a new Human Resources & Payroll S ystem (“System”) during the term of this MOU. The completion and readiness of the System sha ll be a reopener as to all issues that are impacted. To the extent t he System’s implementation may impact terms and conditions of employment, the parties will meet, confer, and negotiate prior to implementation.
It is important to note that any monetary changes listed in th is contract will be effective March 12, 2022, unless stated otherwise.
ARTICLE 1: RECOGNITION
For purposes of meeting and conferring on wages, hours and working conditions and general representation of its members, formal recognition is hereby granted to the Union.
ARTICLE 2: CITY PERSONNEL RULES
It is understood and agreed that there exists wit hin the City, certain personnel rules, policies, practices and benefit s, generally contai ned in the "City of Fontana Personnel Rules and Regulations," and "Employer-Employee Rules and Regulations" as amended by City resolutions and Memorandum of U nderstanding. Those rules, policies, and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by this Agr eement, unless and until modified by mutual agreement of the parties and enacted by the Cit y Council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies. In the case of change, other than by agreement, the Un ion shall be consulted with as soon as possible on the change.
The City shall distribute a copy and any future updates of the MOU and Personnel Rules and Regulations as follows:
City Hall Representative (maximum of 2) – 1 electronic copy Union Business Agent - 1 copy (electronic and printed form)
The Union agrees to print and distribute all copies of the MOU and the Personnel Rules
and Regulations, as approved by the City Council, for each current and subsequent new member at their expense.
ARTICLE 3: NO DISCRIMINATION
Neither the City nor the Union shall unlawfully discriminate, retaliate, or otherwise suffer violation of the California Fair Employment Act, Title VII of the Civil Rights Act, or any other applicable anti-discrimi nation law in any way agains t any City employee, Union member, or applicant. Likewise, neither the City nor Union shall discriminate or retaliate against any employee or member for any lawful act relating to their employment or Union membership.
ARTICLE 4: UNION MEMBERSHIP
Section 1. Dues Deduction
The Union shall have the sole and exclusive right to have membership dues deducted for employees covered by this Agreement by the City, upon appropriate written authorization from such employee. Remittance shall be made by the City to t he Union within fifteen (15) working days of the deduction of such sums.
Except as set forth below, employees as a condition of employment shall, within thirty (30) days, either join the Un ion, or pay to the Union a se rvice fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the Union for the duration of the Agreement.
Any employee who is a member of a bona fide religion, body or sect which has historically held conscientious objection to joining or financially supporti ng public employee organizations shall not be required to join or financially support the Union as a condition of employment. Such employee shall pay an amount of money equivalent to regular Union dues to a non-religious, non-labor c haritable fund, chosen by the employee, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Proof of such payment shall be made on a monthly basis to the City as a condition of continued exemption from the requirement of financial support to the Union.
The City shall deduct, upon receipt of a duly executed form, properly signed by a member of the bargaining unit, either dues to the Union or service fees for nonmembers, as appropriate. The Union shall ad vise the City, in writing, of the dues amount to be deducted for each member. Any change in dues will be submitted to the City, in writing, thirty (30) days prior to the effective date of such change. The City shall, as soon as possible, notify the Union General Manager if any member of the bargaining unit revokes a dues/fees authorization.
Employees will be allowed to have insurance premiums deducted from their pay check to cover insurances offered by the Teamsters Local 1932 Union. Said Payment will be in a lump sum payable to the Union and the Union will be responsible for payment to the carriers and administration of the programs.
Section 2. Hold Harmless Clause
In consideration of the above noted services, the Union agrees to release, indemnify and discharge the City from any liability or expenses , including, but not limited to, attorney's fees and reasonable costs, what soever as a result of any action taken pursuant to the provisions of this Article.
Section 3. Employee's Right To Revoke Agency Shop
Nothing herein shall be construed to modify employees' rights to revoke the Agency Shop provision of this MOU pursuant to the procedures set forth in Government Code Section 3502.5(b).
ARTICLE 5: WAGES
Effective March 12, 2022, all members of t he Union shall receive a one-time payment based upon the overall average of 3.0% of the group’s base salary paid from July 1, 2021 through March 11, 2022. It is important to note that this one-time payment will not be reported to CalPERS as compensation earnable for the purpose of calculating retirement benefits and contributions.
Effective March 12, 2022, each employee/classi fication represented by the Union shall receive a 3.0% base salary increase.
Effective the beginning of the pay per iod following July 1, 2022, each employee/classification represented by the Union shall receive a 3.0% base salary increase.
Effective the beginning of the pay period following July 1, 2023, each employee/classification represented by the Union shall receive a 3.0% base salary increase.
ARTICLE 6: WORKING HOURS AND WORK SCHEDULES
Employees in the Union work a "forty (40) hour work week", which may include but is not limited to a 9/80, 4/10, 5/8, or any other lawful schedule. The City agrees to meet and confer with employees in th e Union should it propose to change or modify the work schedules listed above. City Ha ll employees assigned to t he Public Works Department will follow the Public Works Department work schedule which is currently a 4/10.
The City Manager or designee(s) may change the work hours and/or days within the work schedules listed above for Union employees, wit hout any obligation to meet and confer, so long as the employee is provided notice fourteen (14) calendar days prior to the effective date of the change. “Changes in work schedules” are intended to be of a
permanent nature or for an extended period of time.
ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE
CASH OUT AND NEGATIVE LEAVE USAGE
Section 1. Personal Leave Accrual
The personal leave accrual rate shall be as follows:
Years of Service
Hours Assigned Pay Period Accumulation
0 but less than 2 Years 180 hours 6.92 hours
2 Years but less than 4 Years 190 hours 7.31 hours
4 Years but less than 6 Years 200 hours 7.69 hours
6 Years but less than 8 Years 210 hours 8.08 hours
8 Years but less than 10 Years 220 hours 8.46 hours
10 Years but less than 12 Years 232 hours 8.92 hours
12 Years but less than 14 Years 244 hours 9.38 hours
14 Years but less than 16 Years 256 hours 9.85 hours
16 Years but less than 18 Years 274 hours 10.54 hours
18 Years but less than 20 Years 292 hours 11.23 hours
20 + Years 312 hours 12.00 hours
Section 2. Leave Accrual Limits
The number of personal leave hours which can be carried over from year to year will be limited to a maximum of two and one half (2.5) years personal leave accrual. Employees will cease to accrue personal leave time unt il they have reduced their personal leave below their ceiling. The City Manager, at his di scretion, reserves the right to payout an employee's accrued personal leave time which is in excess of the two and one-half year ceiling and/or the 80 hour maximum, when such payment has been determined to be in the best interest of the City.
Section 3. Leave Cash Out
The maximum amount of leave time (personal leave, compensatory time or a combination of both) which can be cashed out under the City's "leave plan s" is eighty (80) hours per calendar year. Effective March 12, 2022, the requested cash out can be made at either or both dates below, via direct deposit, not to exceed the maximum amount listed in this Article per calendar year (July 2021):
To Be Paid By
On or before July 31 st
On or before the second Frida y in December
Employee’s leave time (as mentioned above) may not be reduced to less than eighty (80) hours as a result of participation in the annual leave cash out.
The City Manager will annually determine if the City Council’s goal of a 15% general fund fiscal reserve and a 10% infrastructure reserve, as identified in the City Budget, has been achieved. If the above goals have been de termined to have been met, the maximum amount of leave time (personal leave, compens atory time or a combination of both), will be increased to one hundred and tw enty (120) hours, provided a dditional general funds are available.
Section 4. Negative Leave Usage
Employees may only use time already accr ued. The City Manager may, upon written request, approve exceptions to this provis ion under extraordinary circumstances where the employee provides a written deduction authorization allowing the City to withhold any monies owed from this negative leave usage from the employee's final paycheck.
ARTICLE 8: BILINGUAL DIFFERENTIAL
The City shall pay one hundred dollars ($100.00) per pay period for those employees who are assigned by the Department Head to assist with provid ing translation to and from a foreign language and other related services. Eligible employees will be required to pass a test which shall be administered by a qualified agency or individual.
ARTICLE 9: CERTIFICATE PAY
Certificate Bonus Pay shall be eliminated fo r City Hall employees, except that those employees currently receiving such pay sha ll continue to receive it so long as the certificate continues to be relevant to the employee's job duties and responsibilities. The decision of the Department Head on relevancy is final and is not subject to the grievance procedures.
ARTICLE 10: HEALTH INSURANCE
Section 1 Health Insurance
Effective January 1, 2023, except as provided below, each month the City shall contribute to a cafeteria plan on behalf of each represented employee an amount equal to the total of the premium for coverage un der the lowest cost HMO insurance and the high option dental plan (for employee plus one tier, dental premiums are calculated at the employee plus child rate), all of which shall not exceed the amounts specified below. The amount that employees may receive under the City’s Cafeteria cash back option shall be limited to $558.35 per month: (July 2021)
2022 Teamsters 1932 City Hall Unit Cafeteria Plan*
Tier “Up to” Cafeteria Amount
Cash Back Option $558.35
Employee Only $718.46
Employee + 1 $1,519.94
Employee + Family $2,029.15
*the values indicated above may change on a year-to-year basis, based on premium costs for each calendar year.
Section 2. Health Insurance Benefits While on Leave
Employees who are eligible for disability insurance pay will receive health benefits for 90 days. Thereafter, the employee must pay for health benefits.
ARTICLE 11: OVERTIME AND COMPENSATORY TIME
Section 1. Overtime
Overtime shall be calculated at the rate of time and one-half for all time actually worked in excess of forty (40) hours in a workweek. There shall be no "pyramiding" of overtime (e.g., if an employee receives a minimum tw o hours call back pay at the overtime rate, and those hours worked also result in their working in excess of forty (40) hours in a work week, double overtime will not be paid.) For pur poses of overtime calculations the workweek will end at the midpoi nt of the employee's schedul ed shift on Friday of each week. Absence due to floating holidays, compensatory time off and unscheduled personal leave shall not be regarded as time worked in calculating eligibility for overtime with the following two exceptions: (1) leave time and/or floating holiday time required to be used for regularly scheduled work days duri ng the City’s Winter Holiday Closure and (2) official and observed legal holidays (e .g., non-floating holiday time) during the calendar year and Pre-approved/Pre-scheduled personal leave time and Jury Duty will be considered actual time worked. No overtime will be recognized except with the prior approval of the Department Head or designee.
Section 2. Compensatory Time
An employee may not have accrued to their acc ount at the end of any fiscal year more than eighty compensatory time off hours. The cash value of any hours in excess of eighty credited to the employee's compensatory time account on June 30 of each year, shall be paid at the salary rate in effect on June 30 and will be paid out in conjunction with the City's Leave Payout program.
ARTICLE 12: HOLIDAYS
Section 1. Holidays Observed
The following days shall be observed by the City as paid holidays:
New Year's Da
y Labor Da y
Martin Luther King’s Birthday Veteran’s Da y
President’s Day Thanks giving
Memorial Day Da y after Thanksgiving
Independence Day Christmas Eve
Christmas Da y
In addition to these Holidays employees shall receive (3) Floating Holidays.
The holidays shall have the same hour equiva lent as the employee’s regular work schedule for that day (8, 9, or 10 hours) in or der that the affected employees no longer have to supplement observed holidays off with paid personal leave. However, the value of the day after Thanksgiving shall be 8 hours, unless an employee would normally work more than eight hours on that Friday (July 2013).
Floating Holidays. The employee’s holiday leave ac count shall receive 20 hours (for employees on 4/10 work schedule) or 18 hour s (for employees on 9/80 work schedule) or 16 hours (for employees on 5/8 work schedule) on January 1 and will receive 10 hours or 9 hours or 8 hours credit (depending on work schedule) on November 1.
Effective July 1, 2000, floating holidays must be used within the fiscal year earned, and may not be carried over from year to year. Floating holiday time not used by June 30 of each year will be forfeited by the employee.
Easter Sunday. The Community Services Department will make every effort to schedule its regular full time employees off in observance of Easter. (July 2013)
Section 2. Holiday Occurring on a Weekend
Holidays that fall on an employee's Friday off, will be observed on the prior Thursday, as will holidays occurring on Saturdays. Holidays occurring on Sunday will be observed on the following Monday. Holidays that otherwise fall on an employee's normal day off will be converted to a Floater. Unless specif ically approved by the Department Head in
writing, employees will be off on the holiday as stated.
Section 3. Compensation for Working Holidays
Employees who, because of their job duties, must work on a non-floating holiday will be paid for the actual hours worked, and at the employee's discretion, shall also receive an equivalent amount of compensatory time off or straight time payment in lieu of any holiday compensation set forth in Sections 1 or 2 above.
Section 4. Eligibility for Holiday Pay
In order to be eligible for a paid holiday, employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday bef ore the holiday and the Tuesday following the holiday.
Section 5. Winter Holiday Closure
The City and the Union mutually agree to the closure of the City for business during the winter holiday period as follows:
2021: December 24, 2021 through January 1, 2022
2022: December 24, 2022 through January 1, 2023
2023: December 24, 2023 through January 1, 2024
In conjunction with City paid holiday time (Christmas Eve and Christmas Day), employees will be required to utilize their leave time (i.e., personal leave, compensatory time, floating holidays) to equal the remainder of their regular work schedule. Employees who have exhausted their leave time will be placed in a Leave Without Pay status for the closure period. However, if all of an employee's leave time has been exhausted due to a catastrophic event, and leave wi thout pay would result in an undue hardship, the City agrees to review such situations on an i ndividual basis, and where possible, provide alternatives which may help mitigate thei r situation. Employees requesting such consideration must submit their request in writing to the Human Resources Director prior to December 15th of each year.
Section 5.1. Hours Worked During the Winter Holiday Closure
a) Article 11 of this MOU generally prohi bits the application of any overtime rate unless the employee “actually worked in excess of forty (40) hours in a workweek.”
b) Article 11 of this MOU excepts from this general rule that paid leave time used during the Winter Holiday Closure shall be used in the calculation of hours for the purpose of determining overtime entitlement
c) Article 12 Section 5 of this MOU requires employees to utilize their personal paid leave time to cover any time dur ing their regular shift not actually worked on those days during the Wint er Holidays Closure that are not already paid holidays
d) Article 12 Section 5 of this MOU does not require that the City to apply a full shift of paid leave for each non-holiday day in the Winter Holiday Closure, thereby converting any time actually worked into overtime. The City can and will utilize a partial day of paid leave when an employee actually works a particular day during the Winter Holiday Closure. Likewise, if an employee works a full day, no paid leave would be used. Paid leave is only used to cover the remainder, or unworked, part of that shift.
e) If an employee is called in on an “emergency” basis during the Winter Holiday Closure, such time would not re sult in the reduction of use of that employee’s paid leave time on the day in question. Thus, the employee would use a full shift of paid leave as if no actual hours had been worked, and such emergency hours would be counted as additional time toward the overtime calculation.
f) The term “emergency”, as referenced above, shall be defined in this context as work required to assess or addr ess a non-scheduled in cident requiring immediate attention at the risk of financial or catastr ophic loss to the City. “Emergency” shall also be defined to include assessment by standby personnel regarding whether an incident qualifies as an emergency.
g) Standby personnel shall have discreti on to designate his or her own work as “emergency” work, as defined above. Standby personnel shall also have discretion to designate the work of one (1) other employee, as needed, as “emergency” work related to an individual incident. Standby personnel shall be required, however, to obtain supervisor approval to designate additional employee time as “emergency” work.
ARTICLE 13: RETIREMENT BENEFITS
Section 1. Participation
The City participates in the CA Public Employees’ Retirement System (CAL-PERS).
Tier I
Employees hired prior to July 1, 2011 will have the 2.5% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest one-year salary.
Effective the first full pay period in July 2011 employees in this group (pre-7-1-11) will pay three (3%) percent of the Employees’ portion of the CALPERS retirement system. The City shall pay the remainin g employee contribution (5%) ; provided, however said
payments shall not exceed t he full employee portion of 8% . These payments are not salary increases but are the City's payment of employees' retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code.
For the purposes of any future comparisons of the level of comp ensation of employees covered by this Agreement with comparable employees in other jurisdictions, these payments shall be taken into account along with measuring base salaries. These payments shall be credited to the employees' accounts with PERS.
Tier II
Employees hired on or after July 1, 2011 will have the 2.0% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee's "final compensation" will be based on the highest consecutive 36 month average for determining retirement benefits.
Employees in this group (post 7-1-11) will pay the full employee portion of the CALPERS retirement system.
Tier III
Employees hired on or after January 1, 2013, as is mandated by the Public Employee’s Pension Reform Act of 2013 (PEPRA), all new miscellaneous members, will have a retirement formula based on 2.0% @ 62 Pl an Full Formula for Miscellaneous Members and upon retirement an employee’s “final co mpensation” will be based on the highest consecutive average. An employee in Tier III will pay 50% of Normal Costs. The amount is approved by CalPERS each year and is subject to change.
Section 2. 1959 Survivor's Benefit
The City provides the Level 4 of the Level 1959 Survivor's Benefit for all employees enrolled in the PERS. The cost to employees for this benefit will be $2.00 per month.
Section 3. PERS Military Buy-Back
The agreement between the City and PERS shall allow for the buy-back of time served by the employee in the Milit ary as defined under PERS Regulation, Section 21024, Statutes of 1976.
Section 4. Health Insurance for Retired Employees
All employees hired prior to June 30, 1990, who retire from the City (i.e. begin to draw from their PERS retirement accounts) and have a minimum of ten (10) years of City service shall be eligible for retiree health benefits. The City’s contributions towards retiree medical insurance shall not exceed the actu al costs for the employee or employee and spouse, based on the City Kaiser Rate. Employ ees who retire (i.e. begin to draw from their PERS retirement account) after 20 years of City service, shall be entitled to receive City paid retiree dental insurance for the employee or the employee and spouse.
Employees who are ineligible for City pai d retiree health insurance may elect upon retirement to continue medical and dental co verage at their own expense (including a
reasonable administrative fee, not to exceed the statutory maximum for continuation coverage set forth under applicable law) through the City's medical and dental plans.
The City will reimburse the cost of the standard Part “B” Medicare premium, which is $134 in 2017, for those employees who elect such coverage. This amount is subject to change based on adjustments by the Federal government. This cost is automatically withdrawn from those employees' Social Security che cks. Employees must supply the City with proof of payment of said coverage, and will be reimbursed on a quarterly basis. No retroactive reimbursements will be given.
ARTICLE 14: DEFERRED COMPENSATION
Effective the beginning of the pay period fo llowing July 1, 2023, the City shall match employee contributions of up to $100/month into a 457(b) account managed by the City’s 457(b) provider.
(July 2021)
ARTICLE 15: LONGEVITY PAY
A. Longevity pay shall be paid to all Union employees who complete a minimum of ten (10) years of service at the rates indicated in Section B of this Article. Completed years of service will be calculated on a calendar year (January 1 through December 31). A member will be presumed to have completed a full year of service for purposes of this Article if the member’s anniversary date (service year completion date) falls within the calendar year. For example, if the City intends to iss ue the longevity payment on December 1, a member completing 15 years of service on December 12 will be credited with 15 years of serv ice for entitlement to the 15-year longevity payment on December 1. Union employees shall rece ive longevity pay via direct deposit by electing one form of payment below:
A bi-weekly basis, equal to the amount indicated in Section B (i.e., a prorated portion of the annual longevity payment will be provided with each paycheck) and will be included on the employee’s next regular paycheck following eligibility, OR A one-time per year payment, payable on or before the second Friday in December.
Employee’s longevity payments shall ceas e upon termination of employment. The Union employee may not change their payment option once they elect to receive it bi- weekly. For current Union employees (U nion employees prior to July 1, 2021) payment election must be submitted to the Human Resources Department on or before October 1st of each year to be effective the beginning of the pay period following January 1st of the following year. However, following City Council ratification of the contract, Union members must subm it their election to the Human Resources Department on or before March 17, 2022, to be effective in 2022. For all subsequent years, the October 1
st deadline above will apply. If an election is not made by the deadline indicated above, t he Union employee will be subject to the bi-weekly payment indicated above. Any new Union employees (on or after July 1, 2021) shall be subject to the bi-weekly payment. (July 2021)
B. Annual longevity payments will be m ade based on completion of the following applicable length of service in the following amounts:
10 years or more of continuous service $ 1,750.00
15 years or more of continuous service $2,250.00
20 years or more of continuous service $2,750.00
25 years or more of continuous service $3,250.00
C. Longevity payments will be reported to PERS as compensation earnable for the purpose of calculating retirement benefits and contributions.
ARTICLE 16: CALL BACK PAY
The City will pay for a minimum of two (2) hours wages for each time an employee is called back to work after his regular shift is completed and he has left his assigned work site.
ARTICLE 17: REGULAR/CLASSIFIED PART-TIME (RCP) EMPLOYEES
The Union will represent those regular classified twelve (12) month part-time employees ("classified" refers to those classifi cations formally adopted by City Council and incorporated into the City's classification plan) who share a community of interest with the existing City Hall bargaining unit (hereinafter "Regular/Cla ssified Part-Time Employees or RCP employees"). Such employees shall also be eligible for benefits and other terms and conditions of employment as set forth in this MOU, except as provided herein. The parties expressly agree that Regular Part-Tim e Employees do not incl ude: (a) seasonal or temporary employees; or (b) employees who are either super visory, management or confidential.
RCP Employees shall be eligible for personal leave on a pro rata basis (assuming eighty (80) hours per pay period equals one hundred percent (100%)) and shall be compensated for City designated holidays, including floating holidays (currently 14 total holidays in 2017), based upon the employee’s normal work schedule regardless if they are scheduled to work on the actual date of the holiday . The value of the holiday will be based on employee’s normal scheduled hours for that day. RCP Employ ees shall not be eligible for longevity pay, or certificate bonuses. Part -time employment shall not count towards length of service for seniority or layoff purposes. Effective July 2014 RCP employees will be included in the annual service award progr am. RCP employees are eligible for the Public Agency Retirement System (PARS) or upon reaching 1,000 hours in a fiscal year the California Public Employ ees Retirement System (CAL PERS). Employees will pay applicable employee portions.
Regular Part-Time Employees shall be eligible to participate in a Cafeteria Plan designated by the City, and shall receive a contribution equal to fifty percent (50%) of the benefit provided to Regular Full-Time Employees. The benefits for this plan shall include medical insurance, dental insu rance, life insurance, and long- term disability insurance.
Employees who do not utilize the full dollar amount of the City's contribution in selecting
benefits in the plan, shall receive the unused portion as “cash back.”
To the extent that the parties have failed to list any other benefits contained in the MOU or the City's Personnel Rules and Regulations, it is their intent that su ch benefits and conditions would apply to RCP Employees on a pro-rata basis where such benefits are conditioned upon, or in any way related to hours worked or length of service.
ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS
Subject to the following conditions, an employee who is required, on the basis of an acting appointment, to serve in a class with a higher salary range than that of the class in which the employee is normally assigned, shall receiv e the entrance salary rate of the higher salary range or the rate of five percent (5%) higher than the employee normally receives, whichever is greater.
a) Such pay will be for all hours wo rked in an acting appointment which are in excess of 80 hours in any floating six-month period.
b) The employee must perform all the duties and assume all the responsibilities of the higher class.
c) Compensation for acting appointm ents shall be limited to the temporary filling of a vacant, r egular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of a newly budgeted positi on, where the needs of the City require that the position be filled.
d) The City Manager must approve a ll such appointments based upon a finding that the criteria set forth in this paragraph have been met.
ARTICLE 19: STANDBY DUTY
Section 1. Definition of Standby
An employee who is assigned to be near at hand and ready to respond immediately to an emergency is on standby. Employee's assi gned to standby are required to be immediately available by te lephone (home or cell). Empl oyees within specifically identified classifications shall be required to perform standby duty to receive and handle emergency work during those hours when their Department is closed. Standby duty shall be performed in addition to the employee's r egular assignment. The Department will attempt to utilize volunteers to fill standby assignments, however, if there are no qualified volunteers, the Department reserves the right to make the required standby assignments.
Section 2. Eligibility
An employee may be eligible to be placed on the standby list once the employee has received sufficient training attested to by the Director or his/her designee; and has an
overall performance evaluation rating of satisfactory or better.
Employees who hold the following classifica tions may be required to perform standby duty and will be eligible for standby pay:
Associate Engineer
Assistant Engineer
Building Inspector I
Building Inspector II
Engineering Technician I
Engineering Technician II
IT Senior Technician*
Public Safety Systems Specialist*
Public Works Inspector
Senior Traffic Signal Maintenance Technician
Traffic Engineering Technician
Traffic Signal Maintenance Technician
* Employees assigned to standby duty in the Information Technology Department shall rotate standby responsibilities on a week ly basis, as assigned. When on Standby status, the standby employee must respond to the work site within two hours if the problem cannot be corrected via remote access.
The City may designate additional positions for standby as recommended by department director(s) and approved by the Human Resources Director to meet the service needs of the City.
Section 3. Assignment to Standby
Standby assignments will be made by the Department Director or his/her designee(s) who shall establish a schedule for a specified period of time. The Director may change and/or modify the standby schedule as deemed necessary to ensure that the City's goals and objectives are achieved. All changes and/or m odifications are subject to the providing affected employees with a minimum of two weeks written notice.
Section 4. Authority for Emergency Call Out
If additional personnel are r equired to perform an emer gency assignment, the standby person is authorized to call out appropriate personnel or the signal maintenance contractor in accordance with the instruct ions provided by the Director or his/her designee.
Section 5. Standby Compensation
Effective March 12, 2022, an employee assigned to standby duty will be compensated at a rate of $250 per week, and will be entitled to overtime as provided for herein for any time worked as a result of being on standby and responding to a situation. (July 2021)
ARTICLE 20: UTILIZATION OF UNDERFILL CLASSIFICATIONS
Section 1. Budgetary Underfill
Due to financial constraints, Departments may find it necessary to underfill higher allocated positions with lower, less expensive positions. If such an appointment is made for budgetary purposes, the incumbent shall remain at the lower classification, and shall not be assigned the duties of the higher allocated position.
Section 2. Trainee Underfill
In the absence of an eligibility list for the allocated position, departments may choose to utilize a lower classification position within the classification family. This type of underfill can expedite the filling of a vacancy. A Trainee underfill must be appointed from an appropriate eligibility list (i.e ., lower classification within t he classification family), and appointments must be made on a competitive basis. The employee must qualify for the higher classification within a specified period of time as outlined in the Trainee Underfill Agreement or be terminated. The employee shall be required to qualify by one or more of the following:
(1) Additional Experience;
(2) Additional Schooling;
(3) Possession of State Ce rtification or license;
(4) Probationary period progress report;
(5) Successful completion of an appropriate examination.
Employees who are appointed as a Trai nee underfill will not be entitled to any compensation for taking on the job duties and responsibilities of the higher classification during the Trainee period.
It will be the responsibility of the employee and their supervisor to notify the Human Resources Department when the employee appears eligible for promotion to the allocated position. An application form for the higher classification must be completed by the employee, and forwarded to the Human Res ources Department along with a signed memo from their Department Head indicating t hat they are requesting a review of the employee's current status to determine eligibility for the promotion.
The Human Resources Department will review the application and inform the Department Head of the effective date of the promotion if the employee is eligible.
ARTICLE 21: LAYOFFS
The City agrees to notify the Union representatives at least 30 calendar days prior to the imposition of furlough days for Union employees.
ARTICLE 22: MERIT INCREASES
Merit increases will be 5% increments beginning with Step 1 and ending with Step 5.
ARTICLE 23: SHORTS OPTION
Field personnel may wear neutral or dark solid colored walki ng shorts if appropriate for the job. Upon the occurrence of the first inju ry attributable to wearing short pants (vs. long pants) the City and the Union agree to meet and confer.
ARTICLE 24: ACCESS TO WORK LOCATIONS
The parties recognize and agree t hat in order to maintain good employee relations, it is sometimes necessary for Labor Relations Representatives of the Teamsters Local 1932 to confer with City employees during working hours.
Therefore, Teamsters Local 1932 Labor Relations Representatives will be granted access to work locations during regular working hour s to investigate and process grievances or appeals when so necessary. Teamsters Loc al 1932 Labor Relations Representatives shall be granted access upon obtaining authorizat ion from the appointing authority or designated management representative prior to entering a work location and after advising of the general nature of the business. However, the appointing authority or designated management representative may deny access or terminate access to work locations if in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The appointing authority s hall not unreasonably withhold timely access to work locations. The appointing authority shall insure that there is at all times someone designated who shall hav e full authority to approve access. If a request is denied, the appointing authority or designated managem ent representative shall establish a mutually agreeable time for access to the employee.
Teamsters Local 1932 Labor Relations Representatives granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal.
The appointing authority or designated management representative may mutually establish with the Teamster s Local 1932 Labor Relations Representative reasonable limits as to the number of visits authorized with the same employee on the same issue, and reasonable limits as to the number of employees who may participate in a visit when several employees are affected by a specific issue. The City shall not unduly interfere with Union's access to work locations.
ARTICLE 25: EMPLOYMENT-RELATED UPDATES
During the term of the MOU, a joint labor/management committee shall meet and confer on the City’s proposed changes to the Employer-Employee Relations Resolution, as well as proposed legally required updates to the City of Fontana Personnel Rules and Regulations.
(July 2017)
ARTICLE 26: HEALTH AND SAFETY COMMITTEE
A joint labor/management committee shall be established with equal Teamsters Local 1932 and City representatives to discuss safety and health issues on a monthly or quarterly basis or as otherwis e determined by the committee. The committee shall be comprised of an equal number of representat ives from the Public Works and City Hall Unions.
ARTICLE 27: EDUCATIONAL ACHIEVEMENT PAY
Beginning in September 2018, the City shall provide a one-time graduation stipend to non-probationary Union member s as follows for possessing the corresponding, job- related degree, from an accredited college or university:
Bachelor’s Degree: $2,000
OR
Master’s Degree: $3,000*
*or $1,000 upon attainment of a Master’s Degree when the Union member has previously received the one-time graduation stipend for a Bachelor’s Degree.
The City agrees that by S eptember 30, 2018, the City will co mpensate all current Union members that hold job-related degrees, as indicated by the provisions outlined above, a one-time graduation stipend. Moving forward, educational achievement pay will be paid annually by September 30th of each year for those non-probationary Union members who obtain a degree, as outlined abov e, during the course of t heir employment with the City of Fontana. In order to be eligible to receive education pay in September, the degree must have been conferred to the Unio n member by August 1st of the same year. The Union will submit the appropriate documentation to the Human Resources Department in August of each year for those eligib le members. If a degree is f ound to be not job-related, the City will meet and discuss the it em with the Union prior to deni al. In addition, beginning September 2018, Union member s will no longer be eligible fo r the City’s Educational Expense Reimbursement Program.
(July 2017)
ARTICLE 28: WELLNESS
The City shall allow all employ ees represented by the Union use of the Miller and North Fontana Fitness Centers (ONLY) at no cost to the employee. Use of the centers is at each employee’s own risk and subject to the rules and regulations and hours of operation determined by the Community Services Department. Employees MUST show City issued ID to obtain access. Violation of any safety rule or regulations shall constitute valid grounds for revocation of the privilege of t he Fitness Center usage, not subject to grievance.
(July 2013)
ARTICLE 29: UNIFORMS
Section 1. Uniform Allowance (July 2021)
Effective March 12, 2022, a uniform allowance in the amount of $400 per year will be paid to field employees holding the classification of Code Compliance Technician, Code Compliance Inspector, or Sr. Code Enforcem ent Inspector who are required to wear a uniform on a daily basis. The uniform allowance will be paid in semi-annual increments of one-half (1/2) in October and April of each year.
A newly appointed employee in any one of the above classifications will receive their full uniform allowance at the end of the first pay period following appointment. If the employee leaves, either voluntarily or involuntarily, during their probationary period, the full uniform allowance that was provided will be deducted from their final paycheck.
The uniform allowance is intended for the purchase and maintenance of uniforms. The City may request verification of annual uniform purchase or maintenance in January 2022, and anytime in the future if abuse is reasonably suspected.
Section 2. Boot Reimbursement
The City will provide up to a $200 reimbursement, once a calendar year, for the purchase of one pair of minimum 6-inch shaft work boots meeting OSHA standards, upon proof of purchase, for all employees that are required to wear work boots as defined by Department guidelines.
Section 3. State Labor Code Requirements
All members receiving a uniform allowa nce and boot reimburse ment must be in compliance with their respective Department’s existing policies and procedures, or as directed. The City will compensate any eligible employee for the repair or replacement of clothing or equipment damaged or destroyed in direct conseque nce of the discharge of his/her duties in accordance with State Labor Code Section 2802. (July 2021)
ARTICLE 30: SEVERABILITY
If any article of this Agreement shall be found to be in conflict with any statute or regulation of the United States or the St ate of California by a court of competent jurisdiction, such article or section shall be deemed to be null and void and of no further effect. However, such articles and sections shall be severable from the remainder of this Agreement, and all other provisions hereof shall continue in full force and effect.
ARTICLE 31: LOCAL UNION ACTIVITIES
The City will provide the City Hall Union one hundred (100) hours per Fiscal Year for steward meetings, trainings, new member orientations, and executive board meetings.
Requests must be made to the employee’s immediate supervisor a mi nimum of five (5)
days in advance.
ARTICLE 32: GRIEVANCE PROCEDURE
The official procedure for all grievances ca n be found in the City’s Personnel Rules and Regulations Rule XIV – Grievance, Appeals, and Hearings. (July 2021)
ARTICLE 33: PAYMENTS OUTSIDE OF REGULAR PAY
Effective March 12, 2022, any and all payments outside of regular pay will be paid on a bi-weekly basis via direct deposit, unless specified otherwise. (July 2021)
ARTICLE 34: VEHICLE ELECTRONIC TRACKING TECHNOLOGY
The City will meet and confer with the Union to review technology and take input from the Union on implementation.
(July 2021)
ARTICLE 35: SALARY SURVEY
A “Benchmark” salary survey will be conduc ted six (6) months prior to the next negotiations process. Teamster s representatives will be incl uded in the discussions of the cities and the benchmark classifications t hat will be utilized in the survey. The final survey documents will be reviewed and discu ssed with Teamsters representatives. (July
2021)
ARTICLE 36: REVIEW OF ENVIRONMENTAL CONTROL TECHNICIAN
CLASSIFICATION
Following completion of the city-wide classification and compensation study, the City agrees to discuss any changes to the Environmental Control Technician classification and seek input from the Union regarding the findi ngs prior to implementation of any change. (July 2021)
RATIFIED BY CITY COUNCIL: Tentative Agreement on February 8, 2022 Closed Session
Official Ratification on March 8, 2022
Consent Calendar
APPENDIX “A”
Job Class Title
Account Clerk I
Account Clerk II
Accountant I
Accountant II
Accounting Technician
Administrative Aide
Administrative Analyst I
Administrative Analyst II
Administrative Assistant
Administrative Clerk I
Administrative Clerk II
Administrative Technician
Aquatics Coordinator
Arborist
Assistant Engineer
Assistant Park Planner
Assistant Planner
Associate Engineer
Associate Planner
Building Inspector I
Building Inspector II
Building Permit Aide
Building Permit Technician
(IT) Business Analyst I
Business License Technician
Buyer
Cable Production Specialist
Cable TV Operations Asst.
Cashier
Clerical Aide
Code Compliance Technician
Code Compliance Inspector
Community Services Coordinator
(IT) Desktop Systems Specialist
Development Services Permit Aide
Development Services Representative
Engineering Technician I
Engineering Technician II
Environmental Control Assistant
Environmental Control Specialist
Environmental Control Technician
Environmental Control Trainee
(IT) GIS Analyst
GIS Engineering Technician
(IT) GIS Technician
Housing Technician
Landscape Inspector
Landscape Technician I
Landscape Technician II
Marketing Communication Specialist
Plan Check Engineer I
Plan Check Engineer II
Planning Compliance Technician
Planning Inspector
Planning Technician
Plans Examiner I
Plans Examiner II
Production Coordinator
Project Coordinator
Project Specialist
(IT) Public Safety Systems Specialist
Public Works Inspector
Secretary
Software Support Technician
Senior Administrative Aide
Senior Building Inspector
Senior Code Enforcement Inspector
Senior Environmental Control Technician
Senior Plans Examiner
Senior Public Works Inspector
(IT) Senior Technician
Senior Traffic Signal Maintenance Technician
(IT) Technician I
(IT) Technician II
(IT) Software Support Technician
(IT) Telecommunications Specialist
Traffic Engineering Technician
Traffic Signal Maintenance Technician I
Traffic Signal Maintenance Technician II
*The City will update the above list annually as new classifications are established for this Union.