Attachment No. 1
RESOLUTION NO. 26-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
IMPLEMENTING TERMS AND CONDITIONS OF EMPLOYMENT FOR
THE CITY OF NORWALK AND THE NORWALK CITY EMPLOYEES
ASSOCIATION (GENERAL & HOURLY UNITS)
WHEREAS, the City of Norwalk (“City”) and the City of Norwalk and the Norwalk City Employees Association (“NCEA”) (General & Hourly Units) are the recognized employer and employee organization, respectively, for the City’s General and Hourly/At-Will non safety classifications (“Unit”); and
WHEREAS, the City and NCEA have been engaged in negotiations for a successor memorandum of understanding (“MOU”) concerning wages, hours, and other terms and conditions of employment for the Unit; and
WHEREAS, despite meeting and conferring in good faith, the City and NCEA reached impasse with respect to one or more issues for a successor MOU; and WHEREAS, following impasse, the City and the NCEA participated in the statutory impasse procedures, including factfinding, and a factfinding panel issued its written findings and recommendations dated February 11, 2026; and
WHEREAS, the Factfinding Report was made available to the parties, and the City Council has received and considered the Factfinding Report, the City’s staff report and presentations, written materials, and any public comment received at the duly noticed City Council meeting(s) concerning this matter; and
WHEREAS, the City Council finds that implementing T erms and conditions of Employment based upon the City’s Last, Best and Final Offer issued on August 6, 2025 is in the best interest of the public, supports the City’s operational needs, and promotes fiscal responsibility and continuity of services; and
WHEREAS, City Council has considered all information related to this matter, as presented at the public meetings of City Council identified herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. Recitals. The facts set forth in the Recitals, above, are true and correct and incorporated herein as part of the findings of this resolution.
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Section 2. Implementation of Terms and Conditions of Employment.
A. Effective March 17, 2026, the City Council hereby implements and imposes the City’s terms and conditions of employment for the Unit based upon the City’s Last, Best and Final Offer issued on August 6, 2025 as presented to the City Council in the staff report for this item, including the specific terms set forth in Exhibit A attached hereto and incorporated by reference.
B. The terms implemented by this Resolution shall remain in effect unless and until modified by a subsequent resolution of the City Council or by a duly executed written MOU approved by the City Council.
Section 3. Authorization to Implement and Administer. The City Council hereby authorizes and directs the City Manager, the Human Resources Director, and their respective designees to take all actions reasonably necessary to implement and administer the terms imposed by this Resolution, including making requir ed payroll, benefits, and classification - related changes consistent with Exhibit A and preparing any conforming, non- substantive documents or notices necessary to carry out the intent of this Resolution.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, paragraph, sentence, clause, phrase, or portion hereof, irrespective of t he fact that any one or more portions may be declared invalid or unconstitutional.
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption.
Section 6. Execution. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk, and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED on this 17th day of March 2026.
_____________________________
JENNIFER PEREZ
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
EXHIBIT A
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TERMS AND CONDITIONS OF EMPLOYMENT FOR
THE
CITY OF NORWALK AND THE
NORWALK CITY EMPLOYEES ASSOCIATION
(GENERAL & HOURLY UNITS)
EFFECTIVE MARCH 17, 2026
Resolution No. 26-15 Page 4 of 47
TABLE OF CONTENTS
ARTICLE TITLE PAGE
N/A PREAMBLE
Article 1. RECOGNITION ............................................................................................... 7 Article 2. NONDISCRIMINATION .................................................................................... 7 Article 3. CITY'S RIGHTS AND RESPONSIBILITIES ..................................................... 7 Article 4. UNION EMPLOYEE REPRESENTATIVE AND ALTERNATE LISTING ......... 8 Article 5. BULLETIN BOARDS AND DISTRIBUTION OF NOTICES ............................ 9 Article 6. DUES AND BENEFITS DEDUCTIONS .......................................................... 9 Article 7. NOTIFICATION OF JOB CLASSIFICATION CHANGES .............................. 10 Article 8. REPRESENTATIONAL INFORMATION ......................................................... 10 Article 9. UNION ACCESS ........................................................................................... 10 Article 10. CHANGES IN MANDATORY SUBJECTS OF BARGAINING .................... 12 Article 11. SAVINGS ...................................................................................................... 12 Article 12. FULL UNDERSTANDING ............................................................................ 12 Article 13. BEREAVEMENT LEAVE .............................................................................. 12 Article 14. HOLIDAYS (GENERAL UNIT)..................................................................... 13 Article 15. HOLIDAYS (HOURLY UNIT) ....................................................................... 14 Article 16. HOLIDAYS (DEPARTMENT OF TRANSPORTATION) .............................. 14 Article 17. JURY DUTY ................................................................................................. 15 Article 18. PROFESSIONAL TIME ............................................................................... 15 Article 19. SICK LEAVE (GENERAL UNIT) ................................................................. 15 Article 20. SICK LEAVE (HOURLY UNIT) .................................................................... 17 Article 21. VACATION (GENERAL UNIT) ..................................................................... 18 Article 22. VACATION (HOURLY UNIT) ....................................................................... 20
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Article 23. EDUCATIONAL REIMBURSEMENT .......................................................... 20 Article 24. LIFE INSURANCE ....................................................................................... 21 Article 25. LONG TERM DISABILITY ........................................................................... 21 Article 26. MEDICAL/DENTAL/VISION INSURANCE (GENERAL UNIT) ................... 21 Article 27. MEDICAL/DENTAL/VISION INSURANCE (HOURLY UNIT) .................... 22 Article 28. RETIREE MEDICAL INSURANCE (GENERAL UNIT) ............................... 22 Article 29. PERS RETIREMENT BENEFITS ............................................................... 22 Article 30. PERS RETIREMENT EMPLOYEE CONTRIBUTIONS ............................. 23 Article 31. WORKERS' COMPENSATION-INDUSTRIAL INJURIES .......................... 23 Article 32. WORKERS' COMPENSATION-INDUSTRIAL INJURIES ON OR AFTER NOVEMBER 1, 2011 ..................................................................................................... 24 Article 33. CALLBACK PAY .......................................................................................... 25 Article 34. MINIMUM TIME FOR CANCELLED HOURLY ASSIGNMENTS................ 26 Article 35. MECHANIC TOOL ALLOWANCE ............................................................... 26 Article 36. HIGHER CLASSIFICATION PAY ................................................................ 26 Article 37. NIGHT SHIFT PAY DIFFERENTIALS ......................................................... 27 Article 38. SALARIES ................................................................................................... 27 Article 39. DIRECT DEPOSIT ...................................................................................... 27 Article 40. STANDBY PAY ............................................................................................ 27 Article 41. TRANSIT HOLIDAY STANDBY PAY ........................................................... 27 Article 42. RECLASSIFICATION REQUESTS ............................................................. 27 Article 43. ACCIDENT REVIEW ................................................................................... 28 Article 44. DATA PROCESSING EQUIPMENT AND FURNITURE ............................. 28 Article 45. DISCIPLINE (GENERAL UNIT) .................................................................. 28 Article 46. DISCIPLINE (HOURLY UNIT) ..................................................................... 30 Article 47. GRIEVANCE PROCEDURE........................................................................ 30
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Article 48. LABOR MANAGEMENT COMMITTEES .................................................... 33 Article 49. OVERTIME ASSIGNMENT ......................................................................... 33 Article 50. PERSONNEL FILES ................................................................................... 35 Article 51. REST PERIODS .......................................................................................... 36 Article 52. MEAL AND REST PERIODS (DEPARTMENT OF TRANSPORTATION) .. 36 Article 53. SAFETY ....................................................................................................... 36 Article 54. SAFETY FOOTWEAR STIPEND ............................................................... 37 Article 55. TRANSFER OR REASSIGNMENT OF WORK LOCATION ....................... 37 Article 56. BILINGUAL BONUS .................................................................................... 37 Article 57. UNIFORMS .................................................................................................. 37 Article 58. CONTRACTING OUT .................................................................................. 38 Article 59. REPRESENTATIONAL TIME-OFF .............................................................. 38 Article 60. SENIORITY .................................................................................................. 39 Article 61. SENIORITY- DEPARTMENT OF TRANSPORTATION ............................. 39 Article 62. PROMOTIONAL SENIORITY POINTS/ EDUCATION AND EXPERIENCE EQUIVALENCY CHART ............................................................................................... 39 Article 63. ELECTRONIC SURVEILLANCE ................................................................. 40 Article 64. SPECIAL CERTIFICATION PAY ................................................................. 41 Article 65. SKILL ENRICHMENT FOR HOURLY EMPLOYEE(S) ................................. 42 Article 66. MACHINIST NON-PARTISAN POLITICAL LEAGUE (MNPL) .................... 42 Article 67. GUIDE DOGS OF AMERICA ...................................................................... 43
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TERMS AND CONDITIONS OF EMPLOYMENT
FOR THE
CITY OF NORWALK
AND THE
NORWALK CITY EMPLOYEES ASSOCIATION
(GENERAL & HOURLY UNITS)
These TERMS AND CONDITIONS OF EMPLOYMENT are adopted and become effective this 17th day of March 2026 for the CITY OF NORWALK ("City") and the NORWALK CITY EMPLOYEES ASSOCIATION, Local Lodge 1957, District Lodge 947, International Association of Machinists and Aerospace Workers AFL-CIO ("Union").
ARTICLE 1. RECOGNITION
Pursuant to Government Code, the City hereby recognizes the Norwalk City Employees Association, Local Lodge 1957, District Lodge 947, International Association of Machinists and Aerospace Workers, AFL-CIO as the exclusive representative for those General Unit and Hourly Unit employees employed by the City in the classifications referenced in Appendix "A" of these terms and conditions of employment subject to the applicable provisions of the law. All correspondence shall be directed to the Norwalk City Employees Association c/o 535 West Willow, Long Beach, CA 90806 or as otherwise notified by the Union.
ARTICLE 2. NONDISCRIMINATION
The City and Union recognize the right of the employees to form, join or participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, or participate in employee organization activities. The City and the Union agree that both parties shall apply the provisions of these Terms and Conditions of Employment shall be applied to all employees bargaining unit members without discrimination as required by state and federal law.
ARTICLE 3. CITY'S RIGHTS AND RESPONSIBILITIES
City reserves and retains, solely and exclusively, all rights of management which have not been expressly abridged by a specific provision of these terms and conditions of employment and all of its common law rights to manage the City, as such rights existed prior to the execution of this or any previous agreement with the Union or any other union or employee organization. The sole exclusive rights of management, which are not abridged by these terms and conditions of employment, shall include (but are not limited to) the following rights:
To manage the municipality generally and to determine issues of policy; to determine the
existence or nonexistence of facts which are the basis of a management decision; to
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determine the necessity and organization of any service or activity conducted by the City and expand or diminish services; to determine the nature, manner, and extent of services to be provided to the public; methods of financing; types of equipment to be used; to establish, continue, discontinue or modify policies, practices or procedures; to determine and change the facilities, methods, means and personnel by which City operations are to be conducted; to determine and change the number of locations, relocations, and types of operations, and the processes and materials to be included in carrying out all City functions including (but not limited to) the right to contract for or subcontract work or operation; without prejudice to the right of the employee organization to thereafter meet and confer on the effect thereof; to determine the size and composition of the work force, to assign work to employees in accordance with the requirements as determined by the City, to establish and change work schedules and assignments and to establish the days and hours during which employees shall work; to relieve employees from duty for lack of work or similar non-disciplinary reasons; to, in lieu of layoffs, establish schedules which share work among employees in a given department or departments; to determine the order of layoffs in accordance with the Personnel Rules and Regulations of the City; to establish and/or modify productivity programs and standards; to discharge, suspend or otherwise discipline employees for proper cause; to determine job classifications and to reclassify employees; to hire, transfer, promote and demote employees for non-disciplinary reasons; to determine policies, procedures and standards for selection, training and promotion of employees; to establish employee performance standards including (but not limited to) quality and quantity standards and to require compliance therewith; to maintain order and efficiency in its facilities and operations and to establish and promulgate and/or modify rules and regulations to maintain order and efficiency; to introduce newer improved methods, equipment or facilities; to discontinue their performance by employees of the City; to determine the number of hours per day or per week operations shall be carried on, schedules thereof; to determine and schedule the number and types of employees required to carry out the operations of the City; to assign work to such employees in accordance with requirements determined by management; to take any and all necessary action to carry out its missions in emergency and other situations of unusual or temporary circumstances; to exercise complete control and discretion over its organization and technology in performing its work and services; and to establish reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services.
All management rights, powers and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively in the City.
Nothing in this Article is intended to modify the City's obligations under the Meyers-Milias- Brown
Act and it is expressly understood in accordance with Article 12 hereof that notwithstanding any other provision of this Article the City shall at all times meet and confer with the Union on all matters relating to employment conditions and employer-employee relations including wages, hours and other terms and conditions of employment of employees within the bargaining unit.
ARTICLE 4. UNION EMPLOYEE REPRESENTATIVE AND ALTERNATE LISTING
A current list of Union employee representatives and the department(s) and/or bargaining unit, which they represent, shall be submitted to the Director of Human Resources. Any changes
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on this list shall be submitted with the same required information as stated above to the Director of Human Resources within ten (10) working days following such changes.
A General Unit employee who files a grievance or is subject to the disciplinary procedures contained in Article 45, Discipline and Article 47, Grievance Procedure (Section 12 D of the City rules) may designate a union representative to be present at grievance or discipline meetings with City representatives. Meetings or hearings shall be scheduled during the grievant’s and/or representative's normal work time, and the grievant and/or representative shall be given paid release time . In the event staffing requirements do not permit scheduling during normal work time, the time shall be flexed.
An Hourly Unit employee who is entitled to representation or who files a grievance as
contained in Article 47, Grievance Procedure, may designate a union representative to be present at grievance meetings or hearings with City representatives. Meetings or hearings shall be scheduled during the grievant's and/or representative's normal work time unless staffing requirements are prohibitive. Where staffing requirements are prohibitive, the employee and/or representative's time shall be flexed. If the meeting is scheduled during the grievant's and/or representative's normal work time, the grievant and/or representative shall be given paid release time.
ARTICLE 5. BULLETIN BOARDS AND DISTRIBUTION OF NOTICES
A reasonable number of bulletin boards will be provided upon which the Union may post notices of official Union business which may include recreational and social affairs, notices of meetings, benefit programs, trips, elections, appointments and results of elections, excerpts from the Salary Resolution and Personnel Ordinance, bulletins of employee rights, notices of City Council actions, and notices of grievance matters, provided that any notices must be on official Union identified paper and a copy sent to the Director of Human Resources prior to or concurrently with such posting. All posting for bulletin boards must contain the date of the posting and identification of the Union as the organization posting the document. The Union will not post information, which is defamatory, derogatory, obscene, or soliciting or encouraging employees to engage in illegal activities.
ARTICLE 6. DUES AND BENEFITS DEDUCTIONS
During the term of these terms and conditions of employment , upon execution of a voluntary written authorization by
the employee, the City shall deduct Union dues, benefit program premiums, and voluntary contributions from the pay of employees represented by the Union.
The form for this purpose shall be provided by the Union with an agreed disclaimer and the amounts to be deducted for Union dues, benefit premiums, and voluntary contributions shall be certified to the City by the designated Union official. The Union agrees to pay the City $.125 per member per pay period in which Union deductions are withheld to administer the payroll deduction.
The Union hereby agrees to indemnify and hold the City harmless for any loss or damages, including attorney's fees, for claims or causes of action arising from the operation of this Article.
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ARTICLE 7. NOTIFICATION OF JOB CLASSIFICATION CHANGES
The City shall make every reasonable effort to notify the Union or the affected employee(s), with a copy of any proposed changes in the duty statement for existing classifications represented by Union, no less than ten (10) working days prior to final approval.
ARTICLE 8. REPRESENTATIONAL INFORMATION
The City shall provide the Union with the following information for each unit employee:
1. A quarterly listing for each employee to include:
Name, address, classification title, Union membership and dues amount, department, original date of employment, monthly salary or hourly rate and total current Union insurance deduction amounts.
2. A monthly listing of dues and supplemental Union insurance deduction amounts.
ARTICLE 9. UNION ACCESS
A. Authorized Union representatives shall be given access to work locations during work hours to conduct Union grievances, to conduct investigations where such investigations cannot be accomplished during non- work hours and to attend City - Wide Labor Management Committee or Work Site Labor Management Committee meetings. Union representatives may walk through work locations to post information on Union bulletin boards as outlined in Article 6 of this agreement. Union representatives may also extend brief cordial greetings provided it is not disruptive of the City's work operations. To ensure Union access is not disruptive of the City's work operations, conversations beyond brief cordial greetings must be held in rest areas, lunchrooms , or break rooms where work is not being conducted. This limitation does not preclude Union access to work locations and work sites to observe working conditions and to investigate violations of the terms and conditions of employment or unsafe conditions. The Union representative shall give at least one (1) hour notice to the Director of Human Resources prior to their arrival at any work site within the City.
B. The City will allow distribution of Union-provided information regarding the Norwalk City Employees Association to new City employees at orientation. All documentation must be pre-approved by the Director of Human Resources.
1. Application
This section of the terms and conditions of employment concerns the Union’s right to meet with new employees.
2. Definitions
For purposes of this Article 10, the following definitions will apply:
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“New employee orientation” means that the onboarding process of a newly hired employee, whet her in person, online, or through other means or mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or another employment-related matters.
“New employee” means any employee, whether permanent, temporary, full -time, and part-time, or seasonal, hired by the City and who is still employed as of the date of the new employee orientation.
3. Notice and Access
A. Notice: The City shall provide the Union written notice via email, and access to, newly hired employees as set forth in these terms and conditions of employment. The City shall provide the Union access to its new employee orientations to meet with newly hired employees. The City shall provide the Union with at least 10 days’ notice in advance of the new employee orientation unless a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable.
B. Union Access and Presentation: The City shall allow the Union 15-20 minutes during the City’s orientation meeting or department level trainings to meet with their represented new employees who are present. No representative of the City shall be present during the Union’s presentation. If the Union is not available at the proposed date, the City will allow either of the two options below at the discretion of the Union.
a. The City will allow the Union Representative 15- 20 minutes with the new employee at a mutually agreed upon later date.
b. Or an employee designated by the Union shall attend the newly hired employees meeting. The city shall grant the employee to attend the newly hired meetings that are scheduled and paid during their normal work time.
The union representative will notify the City within 24 hours of the name of the employee designated by the Union to attend the newly hired employee’s meeting.
C. Audio/Visual Equipment: The City will make reasonable efforts to provide the Union access to the City audio/visual equipment to be used for the new employee orientation. Should the Union decide access to the City audio/visual equipment is needed for the new employee orientation, the Union shall submit an e- mail request to the Director of Human Resources or Designee at least two (2) days in advance of the new employee orientation. The City is not responsible for the lack of audio/visual equipment during the new employee orientation.
4. Employee Information Report to Union
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a. The City shall provide the Union with all the following information for any new employee and employees in the applicable bargaining unit(s) to the extent permitted by law, including, but not limited to new employees: name, job title, department, work location, phone numbers (work, home, personal cell), personal email address and home address. The City must provide this information to the Union within 30 days of hire or by the first pay period of the month following the hire.
C. The City shall allow distribution of pre-approved information regarding Union sponsored events and other issues of mutual benefit through the payroll distribution system.
ARTICLE 10. CHANGES IN MANDATORY SUBJECTS OF BARGAINING
It is understood and agreed that there exists within the City certain personnel rules, policies, practices and benefits. Except as specifically modified by these terms and conditions of employment, these rules, policies, etc., that constitute mandatory subjects of bargaining shall be in full force and effect during the term of these terms and conditions of employment. Except in cases of emergency and as provided in Article 11, before any new or subsequent amendments to these rules, policies, etc., directly affecting wages, hours and terms and conditions of employment (i.e., mandatory subjects of bargaining) are implemented, the City shall give notice to the Union representative and give the Union the opportunity to bargain in compliance with Government Code Section 3500, et. seq.
ARTICLE 11. SAVINGS
A. If any provision of these terms and conditions of employment or application hereof to any City employee is held to be contrary to law, then such provision or application will be deemed invalid, to the extent required by such law or court decision, but all other provisions or applications shall continue in full force and effect.
B. Should a provision or application be deemed invalid, as described in Paragraph 1, at the request of either party, the parties agree to meet and confer over any part of an article deemed invalid not later than thirty (30) days after such law or court decision to renegotiate the provision or provisions hereof.
ARTICLE 12. FULL UNDERSTANDING
These terms and conditions of employment contains all of the covenants, stipulations and provisions agreed upon by the parties, and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained in this these terms and conditions of employment are hereby superseded or terminated in their entirety.
ARTICLE 13. BEREAVEMENT LEAVE
A. Bereavement Leave
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Family, for purposes of Bereavement Leave, shall include: employee's spouse, domestic partner, child, parent, parent-in-law, sibling, aunt, uncle, grandparent, or grandchild. In the event of a death in the family of a General Unit or 3,000 hour Hourly Unit employee who has worked for the City for at least thirty (30) days prior to the commencement of the leave, upon the request of the employee to the Director of Human Resources or designee, the employee shall be authorized up to five (5) non-consecutive regularly scheduled days leave of absence (up to three (3) of which will be with pay), referred to as Bereavement Leave, to make household adjustments or to attend funeral services within three (3) months of the death. Use of the paid benefit in this Article is capped at two (2) occurrences per fiscal year.
The City may request documentation of the death, such as by means of a death certificate or published obituary.
ARTICLE 14. HOLIDAYS (GENERAL UNIT)
Municipal offices shall be closed for the observance of the following holidays with pay for General Unit employees at the rate of eight (8) hours for regularly scheduled eight (8) hour work days and nine (9) hours for regularly scheduled nine (9) hour work days for the term of this Agreement , provided they receive payment for time worked or paid leave time during the pay period that the holiday falls within. For an employee on unpaid FMLA/CFRA leave, the holiday will be banked.
1. New Year’s Day 8. Veterans Day
2. Dr. Martin Luther King, Jr. Day 9. Thanksgiving Day
3. Presidents Day 10. Friday after Thanksgiving
4. Memorial Day 11. Christmas Day
5. Juneteenth 12. Floating Holidays (1)
6. Independence Day
7. Labor Day
13. Such other days as may be
authorized by City Council
All General Unit employees will be entitled to one (1) floating holiday at the beginning of each fiscal year. If an employee does not complete the probationary period prior to June 30, the employee will not be eligible for the floating holiday for that fiscal year. The floating holiday must be taken within the fiscal year credited, with prior approval of the department head.
Holiday Policy
When, pursuant to authorization by a department head, a General Unit employee is required to work on an
Actual or Recognized Holiday, the General Unit employee shall be paid for the holiday and compensated at the rate of one and one-half times regular pay (premium pay) for hours worked, or shall receive time off during regular working hours of the same work week equal to the actual number of hours worked on the holiday (compensatory time). If a General Unit employee works both the Actual Holiday and the Recognized Holiday, the General Unit employee shall receive premium pay or compensatory time for the Actual Holiday only, and shall receive regular pay for the Recognized Holiday. Prior to working on the holiday, the General Unit employee shall ascertain from the department head whether compensation
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shall be in the form of premium pay or compensatory time. This holiday policy does not apply to exempt employees.
ARTICLE 15. HOLIDAYS (HOURLY UNIT)
3,000 hour Hourly Unit employees shall be paid at the rate of six (6) hours each for New Year's Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day for during these terms and conditions of employment provided they meet the following criteria:
A. That they are an employee on the holiday; and,
B. That they receive payment for time worked or paid leave time during the pay period that the holiday falls within. For an employee on unpaid FMLA/CFRA leave, the holiday will be banked.
C. If scheduled to work on any of the holidays above for during these terms and conditions of employment the employee shall receive their holiday pay of six (6) hours plus pay for the number of hours worked at straight time.
ARTICLE 16. HOLIDAYS (DEPARTMENT OF TRANSPORTATION)
Changes in work schedules for holiday service shall be posted no less than fifteen (15) days in advance.
A. General Unit Employees
General Unit Employees in Transit Operations and
Equipment Maintenance Operations shall
be subject to the Holiday Policy in Article 16 or 17.
In addition, General Unit employees in Transit Operations and Equipment Maintenance
Operations whose Actual or Recognized Holiday falls on their regular day off shall be compensated eight (8) straight-time hours for the holiday.
B. 3,000 Hour Hourly Unit Employees
1. 3,000 hour Hourly Unit employees in Transit Operations and Equipment Maintenance Operations shall be paid six (6) hours each for the following holidays when they have received authorization by the Department to have the day off, provided they meet the criteria as outlined in the terms and conditions of employment: New Year's Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Those employees who are required to work one of these holidays shall receive (double time) compensation for the number of actual hours worked.
2. 3,000 hour Hourly Unit Employees in Transit Operations and Equipment Maintenance Operations who work on any of the following holidays, Martin Luther King, Jr. Day, President's Day, Memorial Day, Veterans Day, and the Friday
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after Thanksgiving, or other such holidays as may be authorized shall receive double-time compensation for the number of actual hours worked.
ARTICLE 17. JURY DUTY
A General Unit employee who is required to report for jury duty shall be granted leave for such purpose under the following conditions.
A. The jury notice must be submitted to the department head.
B. A letter shall be requested to be submitted by the Department of Human Resources if a hardship to the City would be imposed by the employee's absence.
C. The employee shall be excused from work each day for the time required to report to the court and shall return to work for the remaining portion of the work shift.
D. The employee shall receive their regular base salary for the time served up to a maximum of five (5) days per calendar year.
E. With adequate notice to the department head and if feasible by the department, employees granted such leave shall be temporarily assigned to work the day shift, with a Monday through Friday work-week.
ARTICLE 18. PROFESSIONAL TIME
The City agrees to provide those employees who are determined to be exempt from the overtime provisions of the Fair Labor Standards Act, with sixteen (16) hours off to be used as Professional Time. The City will provide the Union a list of those positions determined to be exempt and agrees to meet and confer on the impact of any reclassification of existing classifications to be exempt status. The use of the days and their scheduling shall be at the employees' discretion with prior approval of the supervisor.
Additionally, these employees shall have the right to accrue Professional Time at straight time of up to one hundred four (104) hours per year as compensation for work that extends beyond forty
(40) hours in one (1) week.
The Professional Time accrued in a fiscal year must be taken by the end of the fiscal year in which it is earned. All accumulated Professional Time not used by the end of each fiscal year shall be paid out.
Employees who are reclassified to exempt status from the Fair Labor Standards Act overtime
provisions shall be paid out all accumulated Professional Time prior to reclassification.
ARTICLE 19. SICK LEAVE (GENERAL UNIT)
A. Sick leave shall be allowed in case of actual sickness or disability of the employee or qualifying family member. Use of sick leave shall also be allowed for the first three (3) days of work-connected disability of the employee.
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B. No sick leave with pay shall be granted before ninety (90) days of employment.
Hourly Unit employees, who are hired to a full-time position, shall have the right to use any previously earned sick leave while serving their probationary period in the new promotional classification. However, the probationary period will be extended by the amount of time used.
C. Credit for sick leave with pay shall accrue at the rate of eight (8) hours for each calendar month of service for General Unit employees. Any sick leave used shall be deducted from the accrued credit. Unused sick leave credit may be accumulated up to a total of seven hundred twenty (720) hours. Every General Unit employee accruing unused sick leave days beyond the maximum number provided in this section shall receive on the first pay day following the employment anniversary date payment for any sick leave accrued in excess of the maximum accumulation permitted. Monetary compensation for sick leave accrued in excess of the maximum shall be payable at the same rate as ordinary sick leave.
D. An employee intending to be absent on sick leave shall advise their immediate supervisor with as much notice as possible before on each day of absence, but in no case less than thirty (30) minutes before the start of their daily duties, unless it is impossible to do. An employee hospitalized or convalescing from surgery, illness, or injury may state the estimated time of absence on such sick leave at the first report and need not make any further report for such period, but would be required to report within two (2) days if such period changes. Failure to meet any reporting requirements may lead to discipline up to and including termination. Failure to report may be excused for good cause at the sole, non- grievable discretion of the Director of Human Resources.
With sick leave that is for three (3) or more consecutive working days, a physician's certificate shall be required unless waived by the Director of Human Resources, at their sole, non-grievable discretion. Where a supervisor or department head suspects abuse of this leave article, they may require the employee to provide a physician's certificate stating the cause of absence when sick leave is for fewer than three (3) days. Sick leave absence reports must be submitted by the employee to the department head on the first day they return to work. The department head may request the supervisor to advise the employee of the requirement. Any employee absent for an extended period due to surgery, injury, or long illness may be required to undergo a physical examination by a City-designated physician before returning to their position duties.
E. Compensation for sick leave shall be in the amount the employee would earn during the sick leave period if working at their current rate of pay and work schedule without the inclusion of overtime earnings.
F. Sick leave pay shall not be allowed in the following situations:
1. While an employee is on an authorized vacation, unless hospitalized during this time, or leave of absence without pay;
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2. While an employee is laid off;
3. While an employee is absent from duty on account of disability arising from any sickness or injury purposely self-inflicted or caused by their willful misconduct;
4. If the employee is not, in fact, sick or incapacitated from performing their job;
5. If the employee has performed private or other public work while on sick leave;
6. If the absence from work is for any other reason, without approval of the Director of Human Resources.
A. City holidays occurring during sick leave shall not be counted as days of sick leave.
B. If a General Unit employee has five (5) or more years of service upon termination, the employee shall be compensated at their current rate of pay for a percentage of the total accumulated unused sick leave, calculated in accordance with the schedule below. No credit for accrued sick leave shall be permitted when an employee's employment terminates with less than five (5) years of service.
Years of Continuous Service Compensation Rate
Less than five 0%
At least five but less than ten 25%
At least ten but less than fifteen 50%
At least fifteen but less than twenty 75%
Twenty or more 100%
When termination is caused by the death of a General Unit employee with five (5) or more years of service, payment shall be made to the estate of such employee; however, the City may, at its option, pay said sum to a surviving spouse or to such other person or persons as the employee shall have designated in writing, filed with the City prior to death, if no probate or administration of the employee's estate is contemplated.
ARTICLE 20. SICK LEAVE (HOURLY UNIT)
A. Beginning on the first (1st) day of employment with the City, Hourly Unit employees who have performed three thousand ( 3,000) hours of work or less for the City shall accrue sick leave at the rate of .033 hours for each hour of straight time worked. No sick leave with pay may be taken until the ninetieth (90th) day of employment.
B. Hourly Unit employees, who have been employed by the City in excess of three thousand (3,000) hours, shall accrue sick leave from the three thousand and first (3,001) hour onward at the rate of .046 hours for each hour of straight time worked. Sick leave will be credited for use on the payroll period following accrual.
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C. Employees shall be able to accrue sick days from year to year. However, employees shall not be compensated for unused sick days at termination or separation of employment.
D. If a three thousand ( 3,000) hour Hourly Unit employee has five (5) years or more of service and retires from the City, the employee shall be compensated at their current rate of pay for twenty-five percent (25%) of the total accumulated unused sick leave.
E. Sick leave shall be allowed only in case of actual sickness or disability of the employee or qualifying family member. Use of sick leave shall also be allowed for the first three (3) days of work-connected disability of the employee.
F. If an employee is absent because of illness, they are required to notify their immediate supervisor of such illness on each day of absence at least thirty (30) minutes before the start of their work shift, or as soon as the City switchboard opens.
G. A department head may require proof of disabling sickness or illness in the form of a declaration by the employee or a physician's certificate.
H. Sick leave use shall not be allowed in the following situations:
1. While an employee is on an authorized vacation, unless hospitalized during this time, or leave of absence without pay;
2. While an employee is absent from duty on account of disability arising from any illness or injury purposely self-inflicted or caused by their willful misconduct;
3. When the employee is not, in fact, sick or incapacitated from performing job duties;
4. When the employee has performed other public or private work while on sick leave;
5. While an employee is laid off.
ARTICLE 21. VACATION (GENERAL UNIT)
A. Vacation Accrual
1. All General Unit employees who have completed one (1) year of continuous service shall earn vacation as follows:
Years of Continuous Service Length of Vacation
Less than 5 years 80 hours
5 years, but less than 10 years 120 hours
10 years or more 160 hours
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General Unit employees who have previously accrued vacation hours as an hourly employee may use these accrued hours during the first year of their full-time status with prior approval of their supervisor.
B. Vacation Scheduling
An employee shall submit a written request to their supervisor to request the use of Vacation leave. The employee's supervisor will approve or deny the employee's request for use of Vacation in writing within ten (10) work days of the request for Vacation leave.
Employees will be permitted to request the use of Vacation not related to City observed Holidays, as set forth in Articles 16 and 17 of this agreement, up to 90 days in advance.
Supervisors will approve or deny the employee's request for use of Vacation not related to City-observed Holidays, in writing, within ten (10) business days of the employee's request.
Supervisors shall endeavor to grant an employee's choice of vacation dates wherever practical. However, the operating requirements of the City, as determined by the director of each department, shall prevail in a decision as to whether to grant or deny an employee's preferred choice of vacation dates. When more than one employee requests the same time period for vacation leave and the director of the department determines that the operations of the department will not be negatively impacted by granting vacation leave for more than one employee, the determination of who will be granted the vacation leave will be determined in order of seniority.
C. Holidays During Vacation
If a legal holiday occurs while an employee is on vacation, such holiday time shall not be deducted from the amount of vacation to which the employee is entitled.
D. Unused Vacation
Where possible, vacation leave should be taken annually and not accumulated from year to year. However, if employees are not able to take the vacation accrual time before their subsequent anniversary date, the employee may, with approval of their department head, defer the accrued vacation for use in succeeding years. Employees shall not accumulate vacation in excess of the equivalent number of days earned in the immediately preceding twenty-four (24) month period. The employee shall be paid for accrued vacation in excess of the equivalent number of days earned in the immediately preceding twenty-four (24) month period.
E. Vacation Upon Termination
General Unit employees who terminate their employment with the City shall be paid for all accrued vacation, if any.
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In the event of the death of an employee, payment shall be made to the estate of such employee if probate of the estate is contemplated. If probate or administration of the employee's estate is not contemplated, the City may, at its option, pay said sum to a surviving spouse, or to such other person or persons as the employee shall have designated in writing to the City prior to their death.
F. Vacation Payout Upon Change in Compensation
Prior to implementation of a general salary increase, salary step increase, reclassification resulting in a pay increase, or promotion, General Unit employees shall be paid for accrued vacation hours in excess of the equivalent number of hours earned in the preceding twenty-four (24) month period.
ARTICLE 22. VACATION (HOURLY UNIT)
All unit employees who have been employed by the City in excess of 3,000 hours shall accrue vacation from the 3,001 hour onward at the rate of .046 hours for each hour of straight time worked. Rules regarding scheduling of vacation, carry-over vacation, and vacation upon termination which pertain to General Unit employees shall pertain to 3,000 hour Hourly Unit employees.
ARTICLE 23. EDUCATIONAL REIMBURSEMENT
The educational reimbursement policy of the City for General Unit employees shall remain in effect as follows:
A. The Director of Human Resources may authorize General Unit employees who have successfully passed their initial probationary period to attend training courses in approved schools or vocational programs, including graduate and extension courses, at the City's expense. Courses or training must be related to the employee's position or to a position in the City to which they may reasonably expect to be promoted in the future.
Prior to enrollment, an employee shall submit a tuition reimbursement request form outlining the course or program and costs, and shall obtain the department head's and Director of Human Resources' approval. Supplies and transportation must be obtained at the employee's expense.
Applications will not be considered if the employee is receiving funds for the same course from any other sources (i.e., G.I. Bill, scholarships, grants, etc.). The expense of required textbooks will be paid for by the City.
All educational reimbursement shall be subject to the availability of funds budgeted in each fiscal year, and it shall be the responsibility of the employee to determine if sufficient monies remain in the fund before submitting a request for reimbursement. Funds will be issued on a first-come, first-served basis. An employee shall complete a college or university course or a training course with a grade of “C” or better , or pass/no pass for vocational programs or reimburse all funds authorized by the City. If the employee leaves voluntarily or separates from the City within twenty four months completing a course for
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which reimbursement is received, the employee shall be required to repay the City for said funds, on a pro-rata basis (i.e., 1/24th for each month short of twenty four months).
B. The individual education reimbursement cap is $2,500 per fiscal year. An employee receiving an educational reimbursement may receive up to $20,000 for the lifetime of employment to the City. An annual budget of $40,000 will be available for this fund.
C. Employees wishing to be reimbursed for educational expenses shall have until August
31 of each year (April 30 for summer courses) to submit their request for reimbursement (up to a maximum of 12 units per semester).
Requests received after the required dates will be processed on a first-come, first-served basis if any funds remain. Courses starting in previous fiscal year and completing in the next, will apply to previous fiscal year if required documents are submitted prior to June
30. D. The City agrees to allow a flexible work schedule for an employee who is enrolled in an academic program and needs an early release time to attend classes. The flexible work schedule is limited to one hour of early release time per day where an employee can start work early or take a shortened lunch break, provided that a nine (9) hour day is completed, subject to all applicable laws, and prior approval of the Department Head or Designee.
ARTICLE 24. LIFE INSURANCE
The City agrees to provide life insurance coverage to General Unit employees in the amount of $5,000 for 1-5 years of service. After five (5) years of service, the amount of life insurance increases to 1 1/2 times the employee's annual salary.
ARTICLE 25. LONG TERM DISABILITY
The City will provide a long-term disability plan for General Unit employees. The plan will
provide a monthly benefit of 66 2/3% of the employee's monthly salary, excluding overtime, up to a maximum of $8,000. Benefits will begin after a sixty-day waiting period.
ARTICLE 26. MEDICAL/DENTAL/VISION INSURANCE (GENERAL UNIT)
A. Effective December 1, 2022, the City shall contribute up to a maximum of $1,600 per month toward the cost of the employee's medical insurance premium.
B. The City's contribution for dental insurance shall be 100% employer-paid for family coverage for the term of these terms and conditions of employment .
C. The City's contribution for vision insurance shall be 100% employer-paid for family coverage for the term of these terms and conditions of employment.
D. Employees may opt out of insurance and receive a $600/month cash benefit in lieu of coverage. The employee must provide verification of alternative coverage and waive
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any liability to the City for their decision to cease coverage under the City's medical/dental/vision insurance plans in order to opt out and is responsible for the tax consequences of the payment. The monthly opt out payment is not subject to PERS retirement credit. After electing this provision, a unit employee who later requests to re- enroll under the City plan can only do so during the open enrollment period or after a qualifying event as permitted by the insurance carrier. Coverage will commence per the plan document.
The City will establish a Labor Management Committee (LMC) to explore cost effective health insurance options, retiree health benefits, and retiree health vesting schedules.
The LMC shall be comprised of seven members, with three members from NCEA/IAM, three members from management and one member from the Norwalk Association of Management Employees (NAME).
ARTICLE 27. MEDICAL/DENTAL/VISION INSURANCE (HOURLY UNIT)
A. Effective December 2022, the City shall contribute up to a maximum of $335 per month toward the cost of the employee’s and dependents medical insurance premium for 3,000 hour Hourly Unit employees who work an average of 25 hours or more per week and/or qualify under the Patient Protection Affordable Care Act. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.
B. The City's contribution for the employee's dental insurance premium shall be 100% employer-paid employee only coverage for 3,000 hour Hourly Unit employees who work an average of 25 hours or more per week.
C. The City's contribution for the employee only coverage vision insurance premium shall be 100% employer-paid for 3,000 hour Hourly Unit employees who work an average of 25 hours or more per week.
D. Hourly Unit employees qualifying for medical insurance under the Patient Protection and Affordability Care Act will be provided such medical insurance in accordance with the Implementing Safe Harbors Under Patient Protection and Affordable Care Act policy in place.
ARTICLE 28. RETIREE MEDICAL INSURANCE (GENERAL UNIT)
Pursuant to state law, California Government Code §22892, the City will continue to provide the same contribution for PERS retirees as for active employees.
ARTICLE 29. PERS RETIREMENT BENEFITS
A. For employees hired before November 1, 2011, the City shall continue the current 2.7% @ 55 California Public Employees' Retirement System pension benefit and maintain Survivor Benefits at Level 3 for the duration of this contract.
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B. Employees hired on or after November 1, 2011, shall receive the 2% @ 55 retirement benefit formula in accordance with Government Code section 21354; with the Three Year Final Compensation formula under Government Code section 20037.
C. Per the Public Employees' Pension Reform Act of 2013, membership in the Public Employees’ Retirement System (PERS) is as follows: Employees hired after January 1, 2013 who are new to CalPERS, or are returning members with a break in service greater than six months, will be enrolled into the 2% @ 62 retirement plan formula. Qualifying returning members with a break in service less than six months may be enrolled into the 2% @ 55 retirement plan formula.
ARTICLE 30. PERS RETIREMENT EMPLOYEE CONTRIBUTIONS
A. Effective the first payroll of July 2017, General Unit employees in City Retirement Tiers I-III will contribute as follows:
Tier I: 2.7@ 55, 6% employee contribution
(Additional 2% contribution)
Tier II: 2.7% @ 55, 8% employee contribution
Tier III: 2% @ 55, 7% employee contribution
Tier IV: 2% @ 62, employee contribution is 50% of the
“normal costs” as determined by CalPERS
B. Effective the first payroll of July 2018, General Unit employees in City Retirement Tiers I-III will contribute as follows:
Tier I: 2.7@ 55, 8% employee contribution
(Additional 2% contribution)
Tier II: 2.7% @ 55, 8% employee contribution
Tier III: 2% @ 55, 7% employee contribution
Tier IV: 2% @ 62, employee contribution is 50% of the
“normal costs” as determined by CalPERS
ARTICLE 31. WORKERS' COMPENSATION-INDUSTRIAL INJURIES PRIOR TO NOVEMBER 1, 2011
A. Any employee who suffers bodily injury or sickness occurring in the course and scope of employment as contemplated by the Workers' Compensation Law of the State of California shall be entitled to benefits as provided by that Law.
B. If the employee wishes to go to their own doctor, they must have a memo placed in the employee's file in the Department of Human Resources indicating the name, address and phone number of the physician. If a note is not in the file, the employee must go to the employer's doctor for the first 30 days.
C. A leave of absence for an industrial injury shall not be considered a break in service for the purpose of rights to salary adjustment, sick leave, vacation, or seniority to which an
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employee would be entitled if not absent. If on the day of the accident the employee is sent home by the doctor, they will receive full salary for that day. If the employee has to be off beyond the day of the accident, they may request the use of accumulated sick leave or vacation for the next three days of absence. Beginning the fourth day of industrial leave, the employee will be paid disability compensation as stipulated by California State Law, and will be allowed to supplement such compensation to full base salary with accrued benefits such as sick, vacation or other paid leave. Upon return to work from an industrial leave, if the employee's doctor sends their home at some future date for the same injury or illness, the employee will also receive full salary for the remainder of that day.
D. An employee will only receive payment for absences authorized in writing by the attending physician. The employee must provide their department with these written authorizations within 24 hours after the visit to the doctor.
ARTICLE 32. WORKERS' COMPENSATION-INDUSTRIAL INJURIES ON OR AFTER NOVEMBER 1, 2011
A. Any employee who suffers bodily injury or illness occurring in the course and scope of employment as stipulated by the Workers' Compensation Laws of the State of California shall be entitled to benefits as provided by such Laws. The corresponding City policy shall be compliant with the Workers' Compensation Laws of the State of California.
B. If the employee wishes to go to their own doctor, they must provide the Department of Human Resources a Pre-Designation of Personal Physician Form or a memo to be placed in the employee's file indicating the doctor's name, address, and phone number.
If a note is not in the file, the employee must go to the employer's doctor for the first 30 days. Employees may elect to change their pre-designated doctor at any time.
C. If on the day of the accident the employee is sent home by the doctor, they will receive full salary for that day. If the employee has to be off beyond the day of the accident, they may request the use of accumulated sick leave, vacation or other paid leave for the next three days of absence. Beginning the fourth day of workers' compensation leave, provided the claim is determined to be compensable, the employee shall be paid temporary total disability (TTD) payments as stipulated by the Workers' Compensation Laws of the State of California. Employees eligible for Family Medical Leave Act (FMLA) benefits, will be required to supplement temporary total disability payments to full base salary by using accrued sick leave, vacation or other paid leave. Upon exhaustion of protected FMLA leave, an employee shall have the option to supplement their temporary total disability payments with accrued leaves.
D. Upon return to work from a workers' compensation leave, if the employee's doctor sends their home at some future date for the same injury or illness, the employee shall also receive full salary for the remainder of that day.
E. An employee shall only receive payment for absences authorized in writing by the workers' compensation primary treating doctor. The employee must provide their
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department with these written authorizations within 24 hours after the visit to the doctor.
F. An employee who is off due to a work-related injury or illness, provided the claim is determined to be compensable, shall receive temporary total disability payments and shall continue to receive the following benefits as if they had been present for duty:
employee shall accrue vacation and sick leave, receive payment for holidays (in accordance with the terms and conditions of employment ), and if applicable, receive bilingual pay, special certification pay and night shift differential pay. An employee shall continue to accrue seniority and be eligible for salary adjustments while they are on paid or unpaid workers' compensation leave.
G. An employee no longer eligible to receive temporary total disability payments shall no longer receive the following benefits: vacation and sick leave accruals, payment for holidays, and if applicable, shall not receive bilingual pay, special certification pay and night shift differential pay.
H. An employee who is off due to a work-related injury or illness, provided the claim is determined to be compensable, shall receive temporary total disability payments and shall continue to receive the City's contribution to the employee's medical, dental, vision, life and long-term disability insurance.
I. An employee who is off due to a work-related injury or illness and is no longer eligible to receive temporary total disability payments, shall be responsible for paying the full premium for the employee's medical, dental, vision, life and long-term disability insurance.
The long-term disability and life insurance premiums may be waived depending on the employee's long-term disability benefit.
ARTICLE 33. CALLBACK PAY
All General Unit employees who are called out for emergencies after their normal work shift and they have left work will receive their regular pay plus 50% premium (or compensatory time off at the discretion of the department head) for the hours actually worked.
All General Unit employees who are called out for emergencies will receive a minimum of two (2) hours callback time, from the time the normal workday is completed until 12:00 midnight.
Any callbacks after 12:00 midnight until 5:00 a.m. will receive a minimum of three (3) hours callback time. If an employee is called out at 12:00 midnight and has to work until 5:00a.m., they will have the following options:
A. Employee will call the Division Supervisor and notify the supervisor of the situation.
The Division Supervisor will then decide if the employee should: (1) use his callback time and stay at home, or (2) get an adequate amount of sleep and then report to work.
B. Accrue compensatory time.
C. Be paid for overtime.
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ARTICLE 34. MINIMUM TIME FOR CANCELLED HOURLY ASSIGNMENTS
Any hourly employee who reports to their designated work location, who was not notified by a supervisor or manager at least one (1) hour prior to their designated start time, and who is either cancelled, or unable to finish any portion of their scheduled assignment for any reason beyond their own control, shall receive a minimum of two (2) hours of regular compensation, or regular compensation for actual time worked, whichever is greater.
ARTICLE 35. MECHANIC TOOL ALLOWANCE
The City shall provide qualifying unit employees a tool allowance not to exceed three
hundred dollars ($300) per fiscal year. The tool allowance is non-PERSable and will be disbursed to employees on the first payroll of each fiscal year. Tools are to be maintained by unit employees and must be replaced at the employee's expense. Mechanic tool allowance parameters and criteria must be mutually agreed to between the City and Union.
ARTICLE 36. HIGHER CLASSIFICATION PAY
Each employee who is required to perform the duties of a different classification with a higher
salary range than the employee's current classification, shall be compensated at either 5% above their regular base rate (but in no case to exceed Step E) or be placed at Step A of the classification for which they are performing duties whichever is greater from the eleventh (11th) consecutive working day on such assignment. Eligible employees in the Department of Transportation, Equipment Maintenance, who are required to perform the duties of a different classification of a higher salary range than the employee's current classification, shall be compensated at either 5% above their regular base rate (but in no case to exceed Step E), or be placed at Step A of the classification for which they are performing duties, whichever is greater, on a daily or "per diem" basis without the necessity to perform such higher level duties for eleven (11) consecutive work days.
Mechanics in the Department of Transportation, Equipment Maintenance Division, who are required to serve in the role of lead mechanic on a day during which a lead mechanic is not designated an assigned work schedule as set forth on the shop schedule - Norwalk Vehicle Maintenance Division Lead Mechanics/Mechanics, shall be compensated at 5% above their regular base rate (but in no case to exceed step E), or compensated at Step A of the Lead Mechanic, whichever is greater, on a daily or "per diem" basis without the necessity to perform such higher level duties for eleven (11) consecutive work days.
Accordingly, Mechanics in the Department of Transportation, Equipment Maintenance Division,
who are scheduled to serve in the role of a Lead Mechanic who is on vacation, sick leave, or other form of approved leave during which the Lead Mechanic was or is otherwise scheduled to work, are not eligible to receive higher classification pay under this article unless they work for eleven (11) consecutive days in the Lead Mechanic role. But, if Mechanics are assigned to serve as a Lead Mechanic on a particular day that a Lead Mechanic is no designated an assigned work schedule, such Mechanics will receive higher classification pay according to this article regardless of whether they serve in the Lead Mechanic role for less than eleven (11) consecutive days.
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ARTICLE 37. NIGHT SHIFT PAY DIFFERENTIALS
Those General Unit employees whose regularly assigned shift includes 50% or more of the scheduled work hours between the hours of 6:00 p.m. and 6:00 a.m. (hereafter called nightshift) shall receive five percent (5%) greater compensation than other employees in the same classification who work during regular working hours.
Employees assigned to night shift schedules will not lose the differential pay when temporarily reassigned to cover open assignments due to incidental sick leave, vacation, emergencies, etc.
ARTICLE 38. SALARIES
A. There shall be implementation of the Nine -Step Salary Structure in accordance with the City of Norwalk General Unit Salary Schedule (attached hereto). Any salary adjustment shall be in the paycheck of the first full pay period following terms and conditions of employment adoption by City Council. There will be no retroactivity as to any salary adjustment.
B. Step increases shall occur on the employee’s anniversary date.
ARTICLE 39. DIRECT
DEPOSIT
Effective no later than 90 days after ratification by the City Council - All employees are required to receive their paychecks through direct deposit. Authorization for direct deposit must be made by each individual employee with the participating financial institution of their choosing.
ARTICLE 40. STANDBY PAY
Standby is defined as an employee available to provide services during non-business hours that are essential for the operations of the City. As used herein, “standby” means that the employee must be reachable by telephone, answering services, or electronic devic e and must, upon contact, respond to a work location within forty-five (45) minutes.
A General Unit employee who
is released from active duty and is not required to remain at the work site but is required to leave word at their home or with their department where they may be reached, or be available by pager/cell, shall receive one hundred fifty dollars ( $150.00) per week they are so assigned. Callback Pay provisions apply to General Unit Employees affected by this Article.
ARTICLE 41. TRANSIT HOLIDAY STANDBY PAY
Transportation Operations Supervisors and Equipment Maintenance personnel required on holidays to leave word at their home or with their department where they may be reached shall receive forty ($40.00) standby pay for each holiday.
ARTICLE 42. RECLASSIFICATION REQUESTS
The City agrees the Association may submit to the City Manager or his/ her designee for consideration during the budget process and no later than April 1 of each year, a reasonable
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number of reclassification requests for positions in the Non- Management Bargaining Unit. The City Manager or their designee shall have the exclusive right and authority to determine what constitutes a reasonable number of reclassification requests under this Section. The City Manager or his/ her designee shall provide a written response to the Association regarding any such requests within 90 days.
ARTICLE 43. ACCIDENT REVIEW
Any employee who is involved in an accident and is being questioned where the results of the investigation may reasonably lead to discipline is entitled upon their request to have a representative present at each level of the accident review process.
The review process shall not be "unreasonably" delayed because the employee's representative is not available.
ARTICLE 44. DATA PROCESSING EQUIPMENT AND FURNITURE
The City agrees that when for any reason technological changes take place that require additional knowledge and/or skill on the part of its employees, to meet and confer on impact.
ARTICLE 45. DISCIPLINE (GENERAL UNIT)
Section 1. Notice of Intent
Whenever the
appropriate authority intends to suspend for three (3) days or more, reduce in pay, demote or dismiss a non-probationary General Unit employee, the appropriate authority shall give the employee a written Notice of Intent to Discipline which states:
A. The disciplinary action intended;
B. The specific charges upon which the action is based;
C. A factual summary of the grounds upon which the charges are based;
D. Notice of the employee's right to respond to the charges either orally or in writing to the appropriate authority;
E. The employee's right to review and copy all the materials upon which the intended discipline is based;
F. The date, time and person before whom the employee may respond in no less than five (5) working days;
G. Notice that failure to respond at the time specified shall constitute a waiver of the right to respond prior to final discipline being implemented.
Section 2. Final Notice
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If, after the response or the expiration of the employee's time to respond to the Notice of Intent, the appropriate authority decides to proceed with the disciplinary action, a Final Notice shall be served upon the employee either in person or by mail.
Section 3. Removal of Employee from Duty
A. The City shall not discharge a non-probationary General Unit employee without cause.
B. Where retention in active work status would be detrimental to the best interest of the City, the employee or other employees, the employee may be removed from duty immediately or within less than ten (10) working days after the Notice of Intent.
However, such removal shall not cause the employee loss of pay or benefits.
Section 4. Section 4. Appeal
A. Within ten (10) working days after service upon the employee of the Final Notice (15 days if service is by mail), the employee may appeal the disciplinary action to the Personnel Appeals Board.
B. Every appeal shall be taken by way of written Notice of Appeal filed with the Director of Human Resources prior to the expiration of the appeal period.
C. An appeal shall contain a notice of the employee's intent to appeal, setting forth specific facts upon which the appeal is based, a specific reference to the disciplinary action from which the appeal is taken and the nature of the relief sought. Every Notice of Appeal shall be signed by the appellant or the appellant's representative.
D. The Director of Human Resources shall, as soon as possible, undertake all necessary actions to convene the Personnel Appeals Board, including scheduling a request for approval of the composition of the Board by the City Council. The hearing before the Personnel Appeals Board shall be conducted as set forth in the procedure for hearings.
The decision of the Board shall be advisory only. The Board shall decide whether to recommend to the City Manager that the action complained of be sustained, rejected or modified. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the penalty recommended by the Board, if any.
E. The recommendation of the Personnel Appeals Board and the record of the proceedings held before it shall be filed with the City Manager. The City Manager shall consider such record and recommendation and shall make a final determination affirming, rejecting, or modifying the prior determination on the matter. The final determination of the City Manager shall be in writing and shall be delivered to the employee personally or by registered mail, and to the department head, and a copy shall be placed in the employee's personnel file.
F. Within ten (10) working days after the receipt of a copy of the final determination reached by the City Manager, the employee may file with the City Clerk a written request for a hearing of the issue before the City Council. At its next regular meeting the City Council shall determine whether to hear the matter, and if so, whether such hearing shall
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be de novo or limited to a review of the record of the hearing before the Personnel Appeals Board, to determine if the City Manager's decision was supported by substantial evidence. Any hearing shall be conducted pursuant to the rules of procedure set forth in Municipal Code, Section 2.24.120. Upon the conclusion of any review or hearing, the City Council shall cause its findings and decision to be prepared in writing, adopted by motion or resolution of the City Council and filed as a permanent record by the Director of Human Resources. Copies shall be forwarded to all persons affected. The decision of the City Council shall be final.
G. Failure of an employee to take any action required by this Article within the time limits permitted shall be deemed a waiver of all further rights of appeal.
H. An employee may have a representative of their choice with them or on their behalf at each stage of the disciplinary appeal process.
This Discipline Article provides the sole, exclusive method of appealing discipline listed in Section 1 above. Appeal of discipline for suspensions of 1 to 2 days and written reprimands is provided in the Grievance Procedure.
ARTICLE 46. DISCIPLINE (HOURLY UNIT)
A. Whenever the appropriate authority intends to discipline an employee, the appropriate authority shall give the employee written documentation stating the disciplinary action imposed, a factual summary of the grounds upon which the discipline was based, and the date and time of the imposed discipline. Said written documentation shall be served upon the employee either in person or by mail.
B. Within ten (10) working days after service upon the employee of the imposed discipline, the employee may appeal the disciplinary action up to Level Three of the City's grievance procedures. The appeal procedures are limited to suspensions, demotions, and terminations.
C. Failure of an employee to take any action required by this Article within the time limits permitted shall be deemed a waiver of all further rights of appeal.
D. An employee may have a representative of his choice with them or on their behalf at each stage of the disciplinary appeal process.
ARTICLE 47. GRIEVANCE PROCEDURE
A. Definition of Grievance
A grievance shall be defined as a timely complaint by an individual employee, group of employees or the Union (“grievant”) concerning the interpretation or application of the express provisions of these terms and conditions of employment and/or Personnel and/or Departmental Rules excluding disciplinary terminations, pay decreases, demotions and suspensions without pay for three (3) business days or more.
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General Unit employee's disciplinary letters of reprimand and suspensions of up to two (2) business days and appeals of performance evaluations can be appealed up through Level Three of this appeals procedure, at which point the decision will be final.
Hourly Unit employee's disciplinary letters of reprimand, suspensions, demotions and terminations can be appealed up through Level Three of this appeals procedure, at which point the decision will be final.
B. Business Days
Business days shall mean calendar days, exclusive of Saturdays, Sundays, and holidays recognized by the City.
C. Time Limits for Filing Written Formal Grievances
The time limit for filing written formal grievances shall be strictly construed but may be extended
by mutual written consent of the aggrieved employee(s), Union staff, or Union representative and the designated City representative. If a grievance is not appealed to the next level within the specified time limit, or any mutually agreed upon extension thereof, it shall be considered settled on the basis of the City's last answer. · If the City does not answer a grievance or an appeal thereof within the specified time limits, the grieving party may elect to treat the grievance as denied at that level and may immediately appeal the grievance to the next level, unless otherwise specified in this Article.
D. Grievance Presentations
Employees shall have the right to present their own grievance or do so through their Union representative (Union Officers, Shop Stewards, or Site Representatives) or Union Staff at each level of the grievance process. Grievances may also be presented by a group of employees or by the Union. In the event an employee presents their own grievance, no settlement that interprets these terms and conditions of employment shall be made without the Union's knowledge, input, and agreement.
The grievant may request the assistance of another person or persons of their own choosing in presenting the grievance at any level of the formal process or may represent themselves.
E. Time Off For Processing Grievances
1. Informal - The processing of a grievance at the informal stage shall be considered as City business; however, such processing shall be at reasonable times so as not to disrupt the normal working processes of the division or department.
2. Formal – The processing of a grievance at the formal stage, except filing out the form and the initial filing, shall be considered as City business. The employee and their representative (limited to one City employee) shall receive time off from
Resolution No 26-15 32 Page 32 of 47
regularly-scheduled duty hours to participate in the grievance procedure without loss of pay for the time so spent.
F. Informal Process
Level One - Supervisor
An employee must first attempt to resolve the grievance on an informal basis by discussion with their immediate supervisor within ten (10) business days after the first occurrence giving rise to the grievance, or within ten (10) business days after the grievant, through the use of reasonable diligence, should have obtained knowledge of the first occurrence of the event giving rise to the grievance. The supervisor will provide their answer to the grievant by the end of the tenth (10th) business day following the presentation of the grievance. The issuance of such answer will conclude Level One. A grievant may have a representative of their choice present during the informal grievance meeting with the immediate supervisor. If the grievant is dissatisfied, if the supervisor fails to respond timely, or if the specific situation appropriately warrants bypass of the informal
process as mutually agreed upon by the City and grievant, the grievant shall have access to the formal grievance process.
G. Formal Process
Level Two - Department Head
If the grievance is not settled at Level One, the grievant may, within ten (10) business days after the conclusion of Level One, appeal the grievance in writing to the department head on the form provided by the City. The department head shall schedule a meeting with the grievant to take place within ten (10) business days from the date the grievance is referred to Level Two. The department head shall render a written decision regarding the grievance by the end of the tenth (10th) business day following the date of the meeting. The provision of such reply will conclude Level Two.
Level Three - Director of Human Resources
If the grievance is not resolved at Level Two, the grievant may, within ten (10) business days after the conclusion of Level Two, appeal the grievance in writing on the City-provided form to the Director of Human Resources. The Director of Human Resources shall schedule a meeting with the grievant to take place within ten (10) business days from the date the grievance is appealed to Level Three. The Director of Human Resources shall render a written decision regarding the grievance by the end of the tenth (10th) business day following the date of the meeting. The provision of such decision shall conclude Level Three.
Level Four - Personnel Appeals Board
If the grievance is not resolved at Level Three, the grievant may, within ten (10) business days after the conclusion of Level Three, file a written request with the Director of Human Resources requesting a hearing before the Personnel Appeals Board. The Director of
Resolution No 26-15 33 Page 33 of 47
Human Resources shall, as soon as possible, undertake all necessary actions to convene the Personnel Appeals Board. The hearing before the Personnel Appeals Board shall be conducted as set forth in the Personnel Rules and Regulations. The deci sion of the Board shall be advisory only. The Board shall, within thirty (30) days following the completion of the hearing, decide whether to recommend to the City Manager that the action complained of be sustained, rejected or modified. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the action, if any, recommended by the Board.
The recommendation of the Personnel Appeals Board and the record of the proceedings held before it shall be filed with the City Manager. The City Manager shall consider such record and recommendation and shall make a final determination affirming, rejecting, or modifying the prior determination on the matter. The final determination of the City Manager shall be in writing and shall be delivered to the grievant personally or by certified mail. The provision of such determination will conclude Level Four.
ARTICLE 48. LABOR MANAGEMENT COMMITTEES
In order to establish further communication and understanding between labor and management through sharing of information, anticipating issues, promoting safety awareness, or informal problem-solving regarding topics not subject to meet and confer, a City-Wide Labor Management Committee will be established:
The City-Wide Labor Management Committee (selected by the parties) will have representation from management (maximum of ten (10) members) and the Union (maximum of ten (10) members ). Employee representatives shall be chosen at-large by all bargaining unit members. The parties shall meet bi -monthly (every other month) as agreed to by the Ci ty and the Union, not to exceed two (2) hours per meeting, unless both parties mutually agree that the agenda requires an additional hour . Meetings will be scheduled at mutually agreed upon times and locations.
The City-Wide Labor Management Committee will include an agenda with topics identified by each party. The parties will provide agenda topics to one another at least five (5) working days in advance of the meeting via email. Any topics deemed urgent by the parties that were not provided at least five (5) working days in advance of the meeting may be discussed as an “Urgent” topic by mutual agreement .
ARTICLE 49. OVERTIME ASSIGNMENT
A. Overtime. Overtime is any hours worked by any employee in excess of forty (40) hours per week. “Hours worked” will be calculated as provided and defined by the Fair Labor Standards Act. Overtime rate of pay shall be paid at the rate of one and one-half (1.5) the employee’s regular rate of pay.
1. Hours Worked. Hours worked includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the
Resolution No 26-15 34 Page 34 of 47
beginning of the first principal activity of the work day to the end of the last principal work activity of the workday.
2. In determining overtime, any of the following accruals: vacation, compensatory time (comp time) and paid holidays taken during the week shall be considered as hours worked. Any other leaves of absence or time spent in optional training shall not be considered as hours worked for the purpose of calculating overtime.
3. Hourly Unit employees, working overtime, will have those hours worked counted towards their 3,000 hours.
B. Flextime. Flextime is approved time off due to an agreed upon extra duty assignment for equivalent time to meet for the forty (40) hour workweek. It is not overtime. No accrual time shall be used in lieu of flextime.
C. Compensatory Time. Employees working overtime will be eligible to accrue comp time in lieu of receiving overtime compensation for each hour of overtime worked. Comp time is earned at one and a half (1.5) hours for each hour worked.
1. Any overtime earned and chosen to be taken as compensatory time off may be allowed to accumulate to be taken as compensatory time off at a later date, as permitted by law. Compensatory time off is subject to the same approval process as used for granting vacation time.
2. Comp time will be accrued at the employee’s regular rate of pay at the time the employee accrues the compensatory time up to a maximum of 240 hours. Any time accrued over 240 hours will be paid at overtime compensation.
3. Prior to implementation of a salary step increase, reclassification resulting in a pay increase, or promotion, employee shall be paid out any comp time hours in excess of 80 hours.
D. Time Approval Required. Notwithstanding any provision of this section to the contrary, all approval for overtime/flextime/comp time must be requested and granted prior to working said time, except in the case of any emergency which shall be reported to the Department Head or designee on the next day of work for the Department Head or designee’s approval
E. Determination of Category of Time. Prior to an employee working an extended schedule, the supervisor shall determine, upon request of the employee, whether the time is to be charged as overtime, flextime, or comp time.
F. Volunteer List. Wherever possible a list shall be drawn by each department of volunteers to work overtime/flextime/comp time. Overtime/flextime/comp time shall be assigned to employees who are qualified by management to work the overtime/flextime/comp time assignment in the following manner:
1. Worker still at the job site shall be canvassed in order of seniority.
Resolution No 26-15 35 Page 35 of 47
2. If no worker present accepts the overtime assignment, the volunteer list shall be called until the first volunteer accepts the assignment.
3. If no volunteer is available and the overtime assignment is mandatory, the seniority list shall be called in inverse order to make an involuntary assignment.
4. In those cases where, for record keeping reasons, the preparation and maintenance of the list is too cumbersome, management shall assign overtime in compliance with paragraphs 1, 2, and 3 as much as possible.
5. In all cases, once an employee has worked overtime their name shall go to the end of the list.
ARTICLE 50. PERSONNEL FILES
A. Viewing Files
Any employee, or their representative with written consent and waiver of privacy ri ghts, shall be entitled to review all of their personnel file.
If an employee wishes to view their personnel file, they will schedule an appointment with Department of Human Resources staff a minimum of twenty-four (24) hours in advance of viewing time.
B. Photocopy Charge
If an employee wishes to have a photocopy of any of the documents in their personnel file, they must pay the fee charged by the City at that time for photocopies. The employee may take photos of documents in their personnel file at no cost.
C. Placing Documents in Personnel Files
An employee shall be provided with copies of all documents that are to be placed in their personnel file and shall have the right to add their written response to negative documents and/or performance evaluations within thirty (30) calendar days of receipt of the copy.
D. Removal of Documents from Personnel File
An employee may request that letters of counseling, written warnings and reprimand(s) be removed from their personnel file after a period of three (3) years from the date of issuance, except those related to harassment or violence, which shall remain permanently.
The employee shall submit a written request to the Director of Human Resources. Upon request, the letter of reprimand shall be placed in a sealed file kept separate from the personnel file. Both the Director of Human Resources and the employee shall initial the file over the sealing tape and the file can only be opened by legal process or with written consent of employee.
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ARTICLE 51. REST PERIODS
The City shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period but in no event can these be used to reduce normal work hours. The authorized rest period time shall be based on the total hours worked daily at the rate of fifteen (15) minutes net rest time per four (4) hours. This shall not apply to Bus Operators.
If an employee works for a work period of more than five hours per day, then the City is required to provide a meal period of not less than thirty minutes.
The Department of
Transportation will present significant changes in schedules and route assignments for consideration of recommendations by the Joint Labor/Management Committee. Such meetings are to be utilized for input and not merely to inform, but shall also recognize that the City Council has final authority over all schedules.
ARTICLE 52. MEAL AND REST PERIODS (DEPARTMENT OF TRANSPORTATION)
The Department of Transportation will perform a full evaluation of current scheduling, runcuts and operator assignments for Norwalk Transit services. This evaluation will be pursuant to the following:
Task I: Review current schedules, runcuts, and operator assignments to provide a detailed understanding of Norwalk Transit's approach to schedules and runcuts.
Task II: Develop new runcuts incorporating operator breaks designed to reduce the length of splits that meet the following criteria for establishing bus operator assignments:
1. Not more than thirty-five percent (35%) of Bus Operator assignments shall, within an eight-hour (8hr.) period, run without a designated lunch break.
2. Not more than thirty percent (30%) of Bus Operator assignments shall have less than forty-five minute breaks.
3. Not more than thirty-five percent (35%) of Bus Operator assignments shall have less than One-hour (1 hr.) breaks.
4. No Bus Operator assignment shall intentionally be created to have more than a two (2) hour break.
Based on the findings of these two Tasks, the City shall evaluate the cost impacts of each proposed change. Under no circumstances can the criteria for establishing Bus Operator assignments exceed the number of existing Bus Operator assignment hours effective July 1, 2003.
ARTICLE 53. SAFETY
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The employer shall supply safe workplaces. Complaints about safety problems are not grievable but may be taken up at the appropriate Labor Management Committee meeting.
ARTICLE 54. SAFETY FOOTWEAR STIPEND
Employees who are required to wear safety shoes/boots in accordance with Cal/OSHA and/or American National Standard Institute, provisions when working in conditions in which they are exposed to foot injuries from electrical hazards, hot, corrosive, poisonous substances, falling objects, crushing and/or penetrating actions, or who are required to work in abnormally wet areas, will be provided a safety footwear stipend o f $150 per fiscal year for full-time employees and $100 per fiscal year for part-time employees to purchase safety footwear (excludes Transportation Department) . The safety footwear allowance is non- PERSable and will be disbursed to the employees on the first payroll of each fiscal year. Employees receiving this stipend shall be required to purchase approved safety footwear and to wear said safety footwear at all times on the job. It is the employee’s responsibility to secure the appropriate safety footwear to meet this requirement using the annual stipend.
ARTICLE 55. TRANSFER OR REASSIGNMENT OF WORK LOCATION
The City will provide ten (10) working days advance notice to a General Unit employee in the event they must be involuntarily transferred or reassigned to another work shift and/or work location. In the event the transfer or reassignment is as a result of discipline, disability, emergency, or acts beyond management's control, the ten-day notice will not be required.
ARTICLE 56. BILINGUAL BONUS
A. Bilingual pay shall be subject to the approval of the department head and the Director of Human Resources. Employees must pass an oral examination for the second language in accordance with standards determined by the Department of Human Resources.
B. The stipend for bilingual bonus shall be $25.00 per payroll period for the term of the agreement.
ARTICLE 57. UNIFORMS
A. At the time of hire or promotion into the job, all Public Services maintenance workers, water workers, Vehicle Maintenance workers, Maintenance Supervisors, and warehouse workers shall receive 11 complete uniforms Public Safety Officers shall receive 5 uniforms. All hourly Recreation Leaders shall receive 6 shirts.
B. General Unit employees in Transit Operations will be issued 6 complete uniforms with two (2) Department polo shirts for use on Friday through Sunday and recognized Holidays.
Hourly Unit employees with less than six (6) months of service in Transit Operations (On- Call Bus Operators) will be issued four (4) uniforms. After six (6) months of service, they
Resolution No 26-15 38 Page 38 of 47
will be issued a total of six (6) complete uniforms with two (2) Department polo shirts for use on Friday through Sunday and recognized Holidays.
C. When an article of uniform is worn out due to routine wear and tear, employee will turn in such worn out item, and will be given an order to purchase a like item at a uniform company designated by the Department.
D. Each employee will be required to maintain and clean their own uniform except that the City will provide cleaning and maintenance service of uniforms for those employees whose work exposes them to grease, pesticides, or other toxic materials upon request of the employee and with the approval of the department head.
ARTICLE 58. CONTRACTING OUT
A. The City acknowledges that, at the time of these negotiations, it is not the City's intent to contract out any positions currently held by City Employees.
B. The City will advise the Union of its intention (prior to distributing and/or mailing Requests for Proposals) to contract out for services and/or implement new technology that will result in the displacement of General and Hourly Unit employees and agrees to meet and confer on the impact on wages, hours, and other terms and conditions of employment. The City agrees to meet with the Union within the first twenty-one (21) days of its sixty (60) day notice for the purpose of meeting and conferring on the impact on wages, hours, and other terms and conditions of employment.
C. The City agrees to comply with the provisions of the Meyers-Milias Brown Act, Government Code Section 3500 et. seq.
ARTICLE 59. REPRESENTATIONAL TIME-OFF
A. The City will, upon request and with the approval of the department head and the Director of Human Resources, allow release time for employees to attend training programs paid for by the Union not to exceed an aggregate of two hundred fifty (250) hours per year.
Employees using Union time must give notice and receive prior approval.
B. As required under Government Code section 3505.3, the City shall provide a reasonable number of employee representatives reasonable time off without loss of compensation or other benefits when they are participating in any one of the following activities:
1. Formally meeting and conferring with representatives of the City on matters within the scope of representation.
2. Testifying or appearing as the designated representative of the Union in conferences, hearings, or other proceedings before the board, or an agent thereof, in matters relating to a charge filed by the Union against the City or by the City against the Union;
Resolution No 26-15 39 Page 39 of 47
3. Testifying or appearing as the designated representative of the Union in matters before a personnel or merit commission.
The employee being represented shall provide reasonable notification to the City requesting a leave of absence without loss of compensation pursuant to this section. For the purposes of this section, "designated representative" means an officer of the Union or a member serving in proxy of the Union.
ARTICLE 60. SENIORITY
Reductions in staff shall be based on priorities established by the City. The City reserves the right to establish the criteria for granting preferences in job security, promotion, and other rewards to employees. The City recognizes the importance and value of employment tenure with the City of Norwalk as a factor in maintaining the effectiveness of the City organization.
Seniority shall be the primary criterion for granting preference in promotions and other rewards when differentiating between two or more employees who are otherwise equally qualified.
Provided that the affected employees meet departmental performance standards, reverse seniority shall be used for reductions in staff within City departments. In the event two or more employees hold the same amount of seniority within the same classification, reverse seniority of total City service in permanent, full-time classifications shall be used for staff reductions.
ARTICLE 61. SENIORITY- DEPARTMENT OF TRANSPORTATION
A. With respect to Department of Transportation employees, seniority shall be accorded appropriate consideration as provided in the Driver Procedures Manual (as amended) in the assignment of regular runs (shake-up), lay-offs, and may be considered in promotions from part-time to full-time bus operators.
B. On or before June 15 of each year, mechanics shall have the opportunity to review the schedules two (2) weeks prior. Shifts shall be selected by seniority in the class on a posted bid list. New assignments will become effective the first full pay period in July.
Schedule revisions that do not relate to temporary or incidental changes such as sick leave coverage, etc., shall be reviewed at Labor/Management Committee Meetings.
C. In the event the City is unable to fill vacant Mechanic positions during a period when selection of shifts is by seniority, the City reserves the right to assign shifts by rotation.
ARTICLE 62. PROMOTIONAL SENIORITY POINTS/ EDUCATION AND EXPERIENCE
EQUIVALENCY CHART
Section 1. Promotional Seniority Points
Seniority points shall be given on open competitive, promotional or open/promotional recruitment examinations. This credit shall be given to those employees who achieve a score of 70% or higher either by examination or an evaluation of experience and education. Qualifying employees shall be credited one-half (0.5) of a promotional seniority point for each complete year of service to the City but not to exceed a total of five (5.0) promotional seniority points.
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Promotional seniority points will be added to the passing score of an applicant's numerical rating. This article shall not exclude Hourly Unit employees.
Seniority points shall be the sum of all years of service to the City regardless of Hourly or General Unit status. Seniority will not change due to promotions or transfers within City departments.
When the City chooses to fill a vacancy through an open competitive process, an employee in the City who meets the minimum qualification and for whom the vacancy would be a promotion will be offered an interview and considered.
Section 2. Education and Experience Equivalency Chart
This Education and Experience Equivalency Chart will be used when an applicant applies for a City position in accordance with a Job Specification’s Qualifications Guidelines.
EDUCATION AND EXPERIENCE EQUIVALENCY CHART
4:1 Ratio (4 years of relevant full-time experience equals 1 year of higher education) NOTE: Education cannot be “traded” for missing years of experience ARTICLE 63. ELECTRONIC SURVEILLANCE
A. The City acknowledges that at the time of these negotiations, it is not the City's intent to perform random, continuous electronic surveillance.
B. The City reserves the right to use electronic surveillance equipment such as video cameras, audio devices, telephone systems and attendant records, etc. for purposes of investigations and the safety of employees under the following conditions:
1. Employees will be notified in writing in advance that electronic monitoring will take place within specified dates.
2. Employees will be notified in writing in advance of the type of electronic monitoring that will take place.
3. Monitoring shall be limited to an employee's work.
4. The City may not take action against an employee unless they have complied with the above notification provisions.
5. The above conditions shall not apply:
(a) When an employee is suspected of engaging in conduct, which violates criminal, or civil law or constitutes willful gross misconduct, (b) in connection with an investigation of a Workers' Compensation claim, or (c) in connection with electronic monitoring
Resolution No 26-15 41 Page 41 of 47
pursuant to Federal law (including regulations) governing public safety or security for public transportation.
C. In the case of safety, media obtained through electronic surveillance shall be used in safety training rather than discipline. However, this provision shall not apply in cases where an employee has received documented, progressive disciplinary actions related to the same safety provision violation and has failed to adhere to those provisions.
D. When an alleged incident is reported to the Norwalk Transit System (NTS), the review period will be twenty (20) minutes before and after the time of the reported incident. For alleged accidents, the review period will be thirty (30) minutes before and after the time of the reported accident.
For alleged assaults and violation of Federal, State, and local laws, the NTS retains the right to an open investigation (i.e. no time limits).
Any reason for deviation from time limits specified above, NTS will notify the Union in writing explaining the justification for the deviation and what is being investigated, as soon as NTS makes the determination to view video in excess of the time limits.
ARTICLE 64. SPECIAL CERTIFICATION PAY
A. The City reserves the right to determine the need for as well as direct an employee to perform certain operational functions that require a special certification.
B. The City will pay any employee so directed a special certification bonus of $25 per payroll period.
C. The special certification shall be over and beyond the requirements for the classification.
D. The City will provide Special Certification Pay for the following certificates:
• Arborist Certification
• Bilingual Certification
• Fingerprint Certification
• Notary Public
• Qualified Pesticide Applicator Certification
• USDOT Transportation Safety Institute Certification as a Trainer (Applies to Transit Operations Supervisor Position)
• Welder Certification
• Certified Pool Operator (Maximum of two (2) to be assigned by Director of Public Services)
• Playground Safety Officer (Maximum of two (2) to be assigned by the Director of Public Services)
• Runcutting Certification
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• Passport Agent Certification
ARTICLE 65. SKILL ENRICHMENT FOR HOURLY EMPLOYEE(S)
Department of Human Resources will maintain a list of hourly employees who would like to be notified of temporary assignments to be filled. Hourly employees who meet the minimum qualifications of the temporary assignment and have a satisfactory annual evaluation in the previous year will be considered for temporary assignments.
ARTICLE 66. MACHINIST NON-PARTISAN POLITICAL LEAGUE (MNPL)
Section 1
Upon receipt of a fully completed and signed authorization form from the employee involved, the City of Norwalk shall deduct from the employee's pay an amount listed on the Payroll Deduction Authorization form during the period provided for in said authorization . Deductions shall be made from the first pay of the employee after receipt of the authorization and bi-weekly thereafter until directed by the employee in writing to do otherwise.
Section 2
The list of employees and the amounts deducted to the MNPL and Guide Dogs of America, on behalf of the employees who authorized the deductions provided in Section 1, shall be sent to the Financial Secretary of the Union no later than the fifteenth (15th) day of January following the last deduction in December.
Section 3
The parties agree that check-off authorization shall be in the following form:
MACHINISTS NON-PARTISAN POLITICAL LEAGUE (MNPL) PAYROLL DEDUCTION
AUTHORIZATION FORM
I, (type or print full name), Employee number _____, hereby authorize to deduct bi-weekly (26 pay periods) from my wages the amount of $_______, until I direct otherwise in writing, and to remit this amount monthly to the Treasurer of the Machinists Non-Partisan Political League at 9400 Machinists Place, Upper Marlboro, Maryland 20772-2687.
I have executed this wage deduction authorization voluntarily without any coercion, duress, or intimidation, and none of the monies deducted are a part of my dues or membership fees to the Local Union. This authorization and the making of payments to MNPL are not conditions of membership in the Union or of employment with the City of Norwalk, and I understand that the money will be used by MNPL to make contributions and expenditures in connection with Federal elections.
I understand I can stop the voluntary deductions at any time. In the event that I request to make changes to the deduction amounts in the following calendar year, this can only occur during the
Resolution No 26-15 43 Page 43 of 47
month of October for the following calendar year. All the changes have to be made in writing.
Any requests should be directed to the Human Resources Office.
Date: Employee Signature ARTICLE 67. GUIDE DOGS OF AMERICA
GUIDE DOGS OF AMERICA PAYROLL DEDUCTION AUTHORIZATION FORM I, (type or print full name), Employee number ________, hereby authorize to deduct bi-weekly (26 pay periods) from my wages the amount of $________, until I direct otherwise in writing, and to remit this amount monthly to the Guide Dogs of America, Inc. at 13445 Glenoaks Boulevard, Sylmar, California 91342.
I have executed this wage deduction authorization voluntarily without any coercion, duress, or intimidation. Further, this authorization and the making of payments to the Guide Dogs of America, Inc. are not conditions of membership in the Union or of employment with the Company.
I understand I can stop the voluntary deductions at any time. In the event that I request to make changes to the deduction amounts in the following calendar year, this can only occur during the month of October for the following calendar year. All the changes have to be made in writing.
Any requests should be directed to the Human Resources Office.
Date: Employee Signature
Section 4
Employee can stop the voluntary deductions at any time. In the event that the employee requests to make changes to the deduction amounts in the following calendar year, or chooses to opt in, this can only occur during the month of October for the following calendar year . All the changes have to be made in writing. Any requests should be directed to the Human Resources Office.
The Union hereby agrees to indemnify and hold the City harmless for any loss or damages, including attorney's fees, for claims or causes of action arising from the operation of this provision of this Article.
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APPENDIX A
The following are job classifications included in the General Bargaining Unit. They are represented by the IAMAW, Local Lodge 1957 I District Lodge 947:
Account Clerk I
Account Clerk II
Account Clerk III
Administrative Secretary
Assistant City Clerk
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Inspector I
Building Inspector II
Bus Operator
Childcare Coordinator
Childcare Program Manager
Childcare Program Supervisor
Childcare Specialist
Code Compliance Inspector
Communication Specialist
Community Development Assistant
Community Information Specialist
Community Worker
Creative Coordinator
Customer Service Supervisor
Deputy City Clerk
Digital Media Specialist
Dispatcher
Economic Development Coordinator
Eligibility Worker
Engineering Technician
Equipment Service Helper II
Facility Maintenance I
Facility Maintenance II
Facility Maintenance III
Fleet Maintenance Supervisor
Housing Specialist I
Housing Specialist II
Information Systems Coordinator
Intake Specialist
Lead Equipment Mechanic
Maintenance Supervisor
Maintenance Worker I
Maintenance Worker II
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Maintenance Worker III
Management Analyst
Management Assistant
Mechanic
Office Assistant I
Office Assistant II
Office Assistant III
Payment Specialist
Permit Technician
Permit Technician II
Planning Technician
Plans Examiner
Prevention Specialist
Production Specialist
Production Supervisor
Public Safety Officer I
Public Safety Officer II
Public Safety Officer III
Public Safety Technician
Quality Control Specialist
Recreation Coordinator
Recreation Supervisor
Rehabilitation Specialist
Senior Accountant
Senior Building Inspector
Senior Center Manager
Senior Code Compliance Inspector
Senior Management Analyst
Senior Planner
Senior Production Supervisor
Senior Services Coordinator
Senior Transportation Operations Supervisor
Social Services Worker I
Social Services Worker II
Social Services Coordinator
Social Services Supervisor
Special Projects Coordinator
Storekeeper I
Storekeeper II
Traffic Signal Technician I
Traffic Signal Technician II
Traffic Signal Technician III
Transit Administration Specialist
Transit and Safety Training Coordinator
Transportation Operations Supervisor
Transportation Operations Supervisor II
Transportation Resource Coordinator
Resolution No 26-15 46 Page 46 of 47
Tree Trimmer I
Tree Trimmer II
Utilities Supervisor
Water Service Worker I
Water Service Worker II
The following are job classifications included in the Hourly/At-will Bargaining Unit.
They are represented by the IAMAW, Local Lodge 1957 I District Lodge 947:
Account Clerk I
Account Clerk II
Account Clerk III
Administrative Intern
Athletic Trainer
Bus Operator
Bus Operator Trainee
Code Compliance Inspector
Community Information Assistant
Dishwasher
Dispatcher
Equipment Service Helper
Equipment Service Helper II
Information Systems Specialist
Instructor Guard
Intake Specialist
Lifeguard
Maintenance Assistant
Management Analyst
Meal Driver
Mechanic Trainee
Nutrition Aide
Office Assistant I
Office Assistant II
Payment Specialist
Permit Technician
Planning Intern
Production Specialist
Public Information Assistant
Prevention Specialist
Production Assistant
Production Specialist
Public Safety Dispatcher
Public Safety Officer I
Public Safety Officer II
Quality Control Specialist
Recreation Coordinator
Recreation Leader I
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Recreation Leader II
Recreation Leader III
Senior Lifeguard
Senior Management Analyst
Site Coordinator
Social Service Worker I
Utilities Assistant
Station Attendant
Youth Worker
The following positions
are confidential and not a part of the IAMAW, Local Lodge 1957/District Lodge 947 bargaining unit:
Executive Assistant (Administration)
Financial Analyst
Human Resources Technician
Office Assistant II – Hourly (HR)
Office Assistant II (HR)
Office Assistant Ill (Transportation)
Payroll Personnel Technician
Senior Executive Assistant (Administration)
Senior Human Resources Analy