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Memorandum of Understanding
and
Agreement
Between
The City of Pasadena
and
LIUNA, Local 777
From
July 1, 2022 through June 30,2026
TABLE OF CONTENTS
Page
Preamble .......................................................................................................................... 1 ARTICLE 1 Recognition ..................................................................................................... 1 ARTICLE 2 Term of MOU................................................................................................... 1 ARTICLES Scope.............................................................................................................. 1 A. Management Rights ................................................................................................ 1 B. Union Rights ...........................................................................................................2 C. Union Representatives............................................................................................^ ARTICLE 4 Non-discrimination...........................................................................................4 ARTICLES Bulletin Boards ................................................................................................4 ARTICLES No Strike.........................................................................................................5 ARTICLE? Savings Clause .................................................................................................5 ARTICLES Impasse...........................................................................................................6 ARTICLE 9 Compensation And Overtime ............................................................................6 A. Salary Increases ......................................................................................................6 B. Overtime................................................................................................................ 6 C. Stand-By Pay-Forensics Unit................................................................................... 8 D. Stand-By Pay-Vital Records Program Staff ...............................................................9 ARTICLE 10 Special Pay Practices..................................................................................... 9 A. Bilingual Pay........................................................................................................... 9 B. Court Appearance Pay ...........................................................................................10 C. Certification Pay....................................................................................................10 D. Shift Differential....................................................................................................11 E. Training Duty........................................................................................................ 12 ARTICLE 11 Leaves of Absence...................................................................................... 12 A. Sick Leave.............................................................................................................12 B. Bereavement Leave............................................................................................... 15 C. Workers' Compensation Leave ............................................................................... 15 D. Military Leave.......................................................................................................16 E. Witness Leave.......................................................................................................16 F. Maternity Leave/Reduced Work Week Schedule...................................................... 16 G. Jury Leave............................................................................................................. 17 ARTICLE 12 Vacation.................................................................................................... 18 ARTICLE 13 Holidays.....................................................................................................19 ARTICLE 14 Rest and Meal Periods ................................................................................21 A. Rest Periods.......................................................................................................... 21 B. Meal Periods.........................................................................................................21 ARTICLE 15 Employee Benefits......................................................................................22 A. Life Insurance .......................................................................................................22 B. Dental Care Program .............................................................................................22 C. Health Insurance/Employee Option Benefit Fund.....................................................22 D. Long Term Disability..............................................................................................23 E. State Disability Insurance (and Paid Family Leave)....................................................24 ARTICLE 16 Retirement ................................................................................................25 ARTICLE 17 Reimbursements........................................................................................ 26 A. Tuition Reimbursement .........................................................................................26 B. Uniforms..............................................................................................................27 C. Mileage................................................................................................................27 D. Safety Shoe Allowance........................................................................................... 27 ARTICLE 18 Transportation Demand Management PrideShare II Program .........................27 ARTICLE 19 Payroll Administration ................................................................................28 A. Step Increases....................................................................................................... 28 ARTICLE 20 Payroll Deduction and Dues.........................................................................28 A. Deduction and Dues ..............................................................................................28 ARTICLE 21 Written Reprimands ...................................................................................29 ARTICLE 22 Grievance ..................................................................................................29 A. Definition .............................................................................................................29 B. Guidelines ............................................................................................................29 C. Grievance Procedure .............................................................................................30 D. Advisory Arbitration ..............................................................................................31 ARTICLE 23 Alternatives to Layoff.................................................................................. 32 ARTICLE 24 Layoff ........................................................................................................33 A. Definition ............................................................................................................. 33 B. Authority.............................................................................................................. 33 C. Policy................................................................................................................... 33 D. Procedure.............................................................................................................37 E. Severance............................................................................................................. 37 ARTICLE 25 Work Schedules and Work Weeks................................................................ 37 ARTICLE 26 Seniority ....................................................................................................38 ARTICLE 27 Probation...................................................................................................38 ARTICLE 28 Drug and Alcohol Use..................................................................................39 A. Purpose................................................................................................................ 39 B. Policy................................................................................................................... 39 C. Application ...........................................................................................................41 D. Employee Responsibilities......................................................................................41 E. Management Responsibilities and Guidelines ..........................................................42 F. Physical Examination and Procedure.......................................................................43 G. During Employment Alcohol/Drug Tests ..................................................................43 H. Confidentiality......................................................................................................44 ARTICLE 29 Health and Safety .......................................................................................44 ARTICLE 30 Contracting Out..........................................................................................45 ARTICLE 31 Bullet Resistant Vests..................................................................................45 ARTICLE 32 Job Specifications .......................................................................................45 ARTICLE 33 Employee Lists ...........................................................................................45 ARTICLE 34 Labor-Management Committee................................................................... 46 SIGNATURE PAGE.............................................................................................................47
EXHIBIT I
Preamble
A. The Laborer's International Union of North America, AFL-CIO, CLC, Local 777, (hereinafter referred to as UNION) a recognized employee organization, and the City of Pasadena, (hereinafter referred to as "City"), have been meeting and conferring consistent with Section 3500 et seq. of the Government Code and have reached agreement.
B. It is the intent and purpose of this Memorandum of Understanding ("MOD") to set forth the total and complete understanding and agreement between the parties regarding wages, hours and other terms and conditions of employment. All prior or existing written understandings or agreements by the parties, whether formal or informal, regarding any such matters are hereby expressly superseded or terminated in their entirety.
ARTICLE 1 Recognition
A. In accordance with provisions of the Charter of the City of Pasadena, the Meyers- Milias-Brown Act and provisions of Employer-Employee Labor Relations Resolution No. 555, (hereinafter referred to as Resolution No. 555) the City acknowledges the Union as a recognized employee organization for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for those employees in certain specified classifications in Exhibit I. All other classes not specifically listed are not covered by this MOD.
ARTICLE 2 Term of MOU
A. The term of this MOU shall be July 1, 2022 through June 30, 2026. No economic modifications to the MOD go into effect prior to the date of City Council approval of this MOU.
B. This MOD shall in all respects be subject and subordinate to the provisions of the Pasadena City Charter, and State and Federal statutory law.
ARTICLE 3 Scope
A. Management Rights
1. The scope of representation shall include all matters relating to wages, hours and other terms and conditions of employment, except however, that the scope of representation shall not include consideration of the merits, necessity or organization of any service or activity provided by law or executive order; which shall include but not be limited to the right of the 1 2.
3. City to: direct, supervise, hire, promote, suspend, discipline, discharge, transfer, assign, schedule and retain employees; relieve employees from duties because of lack of work or funds, or under conditions where the employer determines continued work would be inefficient or non- productive; determine services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters; determine the methods, processes, means, job classifications, and personnel by which government operations are to be conducted; determine the overall mission of the unit of government; maintain and approve the efficiency and effectiveness of government operations; take any necessary actions to carry out the mission of an agency in situations of emergency; and take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement.
When the exercise of City rights has an impact on matters within the scope of representation the City will give notice to the Union at least 14 days prior to the implementation of any changes to City and/or Department procedures and/or policies; and, upon request, meet regarding the impact of the City's decision(s).
Rules and regulations affecting matters within the scope of representation may also be changed by the City from time to time after meeting and conferring with the Union; however, rules and regulation changes shall not contradict specific provisions of this MOU.
B. Union Rights
1. The designated Union officers and designated representatives and stewards shall be permitted to engage in contract disputes during the term of the MOD, and the adjustment of grievances of employees in the bargaining unit, subject to the limitations set forth in this MOD. Except in extraordinary circumstances, these permitted activities performed during the normal employee duty time of such designated and appointed officers and stewards shall fall within one of the following categories:
a. Discuss with an employee a grievance or complaint;
b. Make inquiries in order to obtain relevant information related to a grievance, including discussions with supervisors, other employees or other management officials provided that such inquiry will not include the right, while on City time, to question visitors or non-employees of the City;
2 c. Assist employees in preparation for, or represent employees in, the appeal and review steps of the grievance procedure or in arbitration; d. Attend meetings with supervisors or other management officials with respect to grievance adjustments, consultation or general discussion directly related to wages, hours or working conditions, and other matters mutually agreed upon;
e. Prepare for meetings mutually agreed by the City and the Union to be scheduled for conferral or other purposes. This shall include Union Executive Board meetings, only where the purpose of such meetings is to prepare for meet and confer sessions with the City;
f. Attend meetings where disciplinary action is to be taken, when requested by the employee. If the employee does not request representation, representatives of Union shall not be entitled to be present;
g. Attend Chapter Board meetings, Executive Board meetings and monthly membership meetings.
2. Subject to the limitations above in a through f, with respect to paid time for such activities, the City agrees that duly designated union officers and other representatives will be allowed to meet with Management representatives during normal working hours without loss of pay. The foregoing release from normal working duties is subject, however, to the requirement that when any such designated union officer or representative is representing an employee, they will request the permission of the immediate supervisor in reasonable advance, or when possible, two (2) working days in advance of any meeting, advising the supervisor of their destination and when they expect to return. Such request will be granted by the supervisor unless work processes require the presence of the employee at that time. If the request is denied, the employee shall be released as soon as possible. Upon returning to their duty station, the union officer or representative will notify their supervisor. Upon arriving at the work place of the employee to be represented, the union officer or representative will normally be permitted to contact the employee. The represented employee also shall be required to request permission for time off in reasonable advance or, when possible, two (2) working days in advance of any meeting. To the maximum extent possible, interviews between representatives and the employees will be held away from other employees and away from the public. If the union official is not permitted to contact the employee at the immediate time of their arrival at the work place, the supervisor in charge will advise the union officer or 3 steward the reason why they cannot do so and the time when the employee will be available.
3. All union activities shall be conducted in such a manner as not to disrupt the work activities of the employees involved.
C. Union Representatives
1. The City agrees to recognize and deal with an appropriate number of officers, including stewards, so that each employee in the bargaining unit will have reasonable access to a representative. Notice of changes in the selection of officials and stewards, and their alternates, will be given to the Human Resources Director whenever such changes occur.
2. The Union endorses the concept of employees utilizing the steward in the employee's assigned work area; provided, that it is recognized that there may be necessary occasions when a different steward or union officer or their designee from among the list of authorized representatives provided to the City, shall take over representation of the aggrieved employee. In such cases, the union will promptly notify the department head and the Human Resources Department of the change.
3. The City will provide, with the approval of the Director of Human Resources, reasonable time off to conduct union business.
ARTICLE 4 Non-discrimination
The provisions of this MOD shall be applied equally to all employees and the City and the Union agree that they shall not unlawfully discriminate on any basis that is protected by law.
ARTICLE 5 Bulletin Boards
A. Space shall be provided on City bulletin boards at their present locations for posting of notices and bulletins of the following types:
1. Notices of recreational, social affairs, and related business news;
2. Notices of elections; provided that this shall not include campaign material;
3. Notices of union appointments and results of union elections;
4. Notices of union meetings;
5. Constitution, by-laws, and proposed amendments;
6. Such other notices as may be mutually agreed upon by the Union and the Director of Human Resources.
4 B. All materials posted on bulletin boards shall indicate the date the material was posted and shall identify that the Union has posted it and clearly indicate the author's identity, preferably by signature by an official of the Union. It must be clearly understood that such material is not official material or endorsed by the City, and the material must not contain anything that would identify it as such.
C. In no case shall obscene or personal attacks on any City employee be placed on any bulletin board. Copies of all information posted on any bulletin board shall be submitted to the Human Resources Department at the time of their posting. In the event objectionable material is posted, the City Human Resources Director will so inform the union representative, stating the basis for the objection, and such material shall be removed from the bulletin board immediately.
D. The Union shall not post, nor authorize its members to post, any material anywhere upon the City's property except as herein provided. The City may remove or relocate any of its bulletin boards in the event of violations of this section or for reasons such as alterations in the physical facilities, etc., and will inform the Union whenever the City removes such bulletin boards.
E. Excluding lunch and rest periods, in no case will the distribution of literature at the work place of employees be allowed during regular working hours.
ARTICLE 6 No Strike
A. The parties to this MOD recognize their mutual responsibility to provide the citizens uninterrupted municipal services. Therefore, for the duration of this MOD, and after expiration of this MOD and through the completion of labor negotiations, as long as the parties are attempting to reach an agreement on a successor MOD (but no later than the declaration of impasse by either party), the Union agrees not to conduct a work slowdown which causes an impact on the performance of work, strike, sympathy strike, or lockout activities and the City agrees not to engage in a lock-out of employees
B. Any employee who participates in any conduct prohibited in Section A shall be subject to discipline.
ARTICLE 7 Savings Clause
Should any part of this MOU be rendered or declared illegal or invalid by legislation, decree of court of competent jurisdiction or other the Public Employment Relations Board, such invalidation shall not affect the remaining portions of this MOD. 5 ARTICLE 8 Impasse
Should the parties' labor negotiations reach impasse, the parties will follow the process identified in City Council Resolution 555. Additionally, the Union may request the parties' differences be submitted to a fact finding panel by complying with the provisions of the Meyers-Milias-Brown Act (MMBA).
ARTICLE 9 Compensation And Overtime
A. Salary Increases
1. Effective July 18, 2022, all members of the bargaining unit will receive a two and three-quarters percent (2.75%) base salary increase.
2. Effective the pay period that includes July 1, 2023, all members of the bargaining unit will receive a two and one-half percent (2.5%) base salary increase.
3. Effective the pay period that includes July 1, 2024, all members of the bargaining unit will receive a two and one-half percent (2.5%) base salary increase.
4. Effective the pay period that includes July 1, 2025, consolidate the 10-step salary schedule to 6-steps and redistribute the ~20% salary differential. Refer to Exhibit 1, LIUNA Salary Schedule, effective June 30, 2025.
5. Effective the pay period that includes July 1, 2025, all LIUNA employees on Step 5 of the salary schedule will be moved to Step 6.
B. Overtime
1. The City wilt pay overtime for all hours worked in excess of forty (40) in one work week. Hours worked will be calculated as provided for by the Fair Labor Standards Act. Hours worked include time for which persons are compensated but do not actually work, including but not limited to, sick leave, vacation pay and floating holidays. Such hours will be counted in calculating hours worked for overtime purposes.
2. The City will pay employees for any overtime worked at a rate of one and one-half (1-1/2) times the employee's regular rate of pay. Regular rate of pay shall be calculated as provided for by the Fair Labor Standards Act. Time 6 worked shall be rounded to the nearest quarter of an hour (seven (7) minutes or less round down; eight (8) minutes or more round up).
3. Overtime shall not be paid for the same hours during which an employee is paid for regular time or for when an employee is using leave time.
4. Employees may request to accrue compensatory time off (CTO) in lieu of receiving overtime compensation, and will be permitted to accrue CTO with supervisor approval. The maximum number of CTO hours which may be accrued by any employee is one hundred and twenty (120). If an employee accrues 120 hours of CTO (80 hours of overtime earned at time and one half (1.5), he/she cannot accrue additional CTO until he/she uses some of the hours in his/her/their/her/their bank.
5. The time during which an employee may use accrued compensatory time off is subject to approval by the department head or his/her/their/her/their designee with due regard for the wishes of the employee and the need to provide service. However, an employee wishing to use
his/her/their/her/their accrued compensatory time off shall provide the City with reasonable notice of such request. Reasonable notice is defined as at least three (3) days. If reasonable notice is provided, the employee's request may not be denied unless it is unduly disruptive to the operational needs of the department to grant the request. A request to use compensatory time off without reasonable notice may still be granted within the discretion of the supervisor or manager responsible for considering the request.
6. Overtime Meals: When an employee is scheduled to work overtime, recalled from home to work outside of regular work hours, or remain on the job for four or more hours after the end of their normal working day, they shall, if possible to do so, be given meals at intervals of approximately four (4) hours; provided, however, that in no event shall an employee be required to work more than five (5) consecutive hours beyond the regular work hours without a meal. Such meals, and the time necessary therefore, shall be at City expense. Meals will be reimbursed up to $17.00 per meal and the paid overtime meal break shall be for 30 minutes.
A reimbursement request shall be submitted with receipt for said meal that is dated and time stamped no more than two (2) hours prior to the overtime or regular shift in which the overtime is worked.
7. Call Back Pay: Employees recalled to work unexpectedly (without advanced notice) outside of their regular shift shall receive pay for a minimum of two 7 (2) hours pay at time and one half base pay unless such call-in immediately preceded an employee's scheduled shift.
a. If an employee is on an approved leave of absence but, due to an operational need for his/her/their/her/their service is called back to work, the employee will not be paid a two hour minimum but rather for the actual hours worked.
b. Employees will be paid in 15 minute increments for time actually worked when responding to phone calls, text messages, and emails outside of their normal work schedule when a supervisor or manager requires a response prior to the employee returning to work.
8. Court Subpoena: Employees will be paid in 15 minute increments for time actually responding to phone calls to/from District Attorney's office when in receipt of a work-related court subpoena.
C. Stand-By Pay - Forensics Unit
1. Stand-by pay for bargaining unit members in the classification of Forensic Specialist will be provided as follows:
a. Stand-by assignments are assigned and scheduled in advance by management.
b. Management will assign employees to the stand-by list in order of seniority.
c. Stand-by assignments will be rotated every six weeks.
2. Employees assigned to the stand-by list will be compensated at the rate of one hour of base pay at their current hourly rate for each day assigned to the stand-by list.
3. Employees assigned to the stand-by list are subject to the following requirements:
a. Be ready to respond immediately to calls for service. b. Be reachable by telephone and email and respond to calls or emails within 15 minutes.
c. Refrain from consuming intoxicants or performing other activities which may impair the ability to perform assigned duties.
d. Be able to appear at the Police Department within 60 minutes of responding to a call or email.
e. Notify his/her/their/her/their supervisor immediately if unable to be on stand-by duty due to an unforeseen emergency.
8 D. Stand-By Pay - Vital Records Program Staff
1. Stand-by pay for bargaining unit members in the Department of Public Health who are assigned to the Vital Records program will be provided as follows:
a. Stand-by assignments are assigned and scheduled in advance by management.
b. Management will assign eligible employees to the stand-by list on a rotating basis.
c. Stand-by assignments will be rotated on a monthly basis.
2. Employees assigned to the stand-by list will be compensated at the rate of one hour of base pay at their current hourly rate for each day assigned to the stand-by list.
3. Employees assigned to the stand-by list are subject to the following requirements:
a. Be reachable by telephone and email and respond to calls or emails within 30 minutes.
b. Refrain from consuming intoxicants or performing other activities which may impair the ability to perform assigned duties.
c. Notify his/her/their/her/their supervisor immediately if unable to be on stand-by duty due to an unforeseen emergency.
4. Employees activated from the stand-by list as a result of a service alert will be compensated for one hour at the overtime rate for each service alert response.
ARTICLE 10 Special Pay Practices
A. Bilingual Pay
1. Employees may be eligible to receive bilingual pay of $100 per month under guidelines established in the Bilingual Incentive Pay program provisions of the City's Manual of Personnel and Administrative Rules.
2. Upon request of an employee, the department head will determine if a need exists for bilingual skills in the employee's assignment and will determine whether to recommend the employee for bilingual testing and pay.
Employees recommended will comply with the City's bilingual policy. 9 3. The parties agree that to the extent permitted by law, bilingual pay is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR Section 571(a)(4) Special Assignment Pay as bilingual premium.
B. Court Appearance Pay
1. Employees who, on their scheduled time off, are required to be present in court or administrative hearing in connection with the performance of their duties, shall receive a minimum of three (3) hours compensation at time and one half. In the event an employee is required to be present during both the morning and afternoon sessions of the court, that employee shall receive a minimum total of six (6) hours at time and one half.
2. Employees whose shifts are extended to include a court appearance shall be paid overtime for the actual time they appear in court.
C. Certification Pay
1. Forensic Specialists who satisfy the criteria established below shall receive certification pay.
2. An employee must:
a. Be a Forensic Specialist with the Pasadena Police Department for at least two years.
b. Qualify for and pass the California Criminalistics Institute course "Latent Fingerprint Comparison."
c. Meet the in-service fingerprint training and experience requirements of the police department and be recommended by the senior Pasadena Police Department Fingerprint expert for court qualification. d. Present a letter from the Deputy District Attorney or City prosecutor stating that he/she has been qualified by a judge in court as a "Fingerprint Expert."
3. Determination as to when employees have qualified for the certification pay shall be in the discretion of the Department.
4. Certification pay for qualified Forensic Specialists shall be three (3%) of top step for this classification.
10 5. In addition to the Certification Pay described above, employees in the classification of Forensic Specialist who possess Level II Crime Scene Analyst certification from the International Association for Identification (IAI), shall receive an additional $100 per month.
6. Employees in the classification of Forensic Specialist who possess Level III B Senior Crime Scene Analyst certification from the IAI, shall receive an additional $200 per month. Employees with both Level II and Level III B certification shall receive the higher of the two certification pays.
7. The parties agree that to the extent permitted by law, the Certification Pays provided for in this Section above are special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR Section 571(a)(2) Educational Pay as Educational Incentive.
8. Renewals of certifications shall be in accordance with IAI requirements. The cost of IAI application and renewal fees, as well as books, lab fees or other student-related expenses, shall be the responsibility of the employee.
However, employees shall be eligible for reimbursement for such expenses pursuant to the City's Tuition Reimbursement provision of this MOD.
9. Permit Technician I's will automatically move to Permit Technician ll's upon receipt of the ICC (International Code Council) Permit Technician certification. Effective date will be the beginning of the pay period following the submission of a personnel action form and/or appropriate documentation showing receipt of the certificate.
10. Effective the first full pay period following Council adoption of the MOD, Police Dispatchers who possess an Advanced POST Certificate will receive 5% of base pay.
D. Shift Differential
1. Shift differential is paying an employee an additional amount for working on other than the day shift.
2. For employees in all City departments, the Swing shift will be defined as the hours between 3:00 p.m. and 10:59 p.m. and the Graveyard shift as the hours between 11:00 p.m. and 5:59 a.m. Effective July 18, 2022,for employees in all City departments, an employee is eligible for Swing or Graveyard shift differential at the rate of $1.75 per hour if he/she works four hours or more between the hours of 3:00 p.m. and 5:59 a.m. 11 3. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Special Assignment Pay - Shift Differential as special compensation.
E. Training Duty
1. Employees classified as Police Dispatcher who are assigned to perform training duties, shall receive $2.00/per hour (while actually training) above their base hourly salary.
2. Employees classified as Forensic Specialists, when assigned training duties by Management, shall receive five (5%) percent of salary as additional compensation. This pay is not reportable to CalPERS compensation as earnable.
ARTICLE 11 Leaves of Absence
The articles outlining paid leave provisions in this MOD outline benefit levels for full- time employees.
Part-time employees working twenty (20) hours per week or more shall be entitled to accrue vacation, sick leave, holiday and bereavement on a pro-rata basis (e.g., employees working twenty-five (25) hours per week shall accrue leaves at the rate of
62.5% of full-time employees; employees working thirty (30) hours per week shall accrue leaves at the rate of 75% of full-time employees, etc.).
A. Sick Leave
The Sick Leave is a benefit and not a right and may be granted for:
Personal illness or injury;
Absences for medical, dental, and/or vision care appointments; or • To attend to an immediate family member (child, parent, spouse registered domestic partner, parent in law, grandparent, grandchild or sibling as defined by California Labor Code section 233) in who is ill/injured and needs care as permitted by that law. For these family members employees may use up to one half of one year's annual accrued sick leave per fiscal year.
1. Sick Leave Provisions
a. Sick Leave Accrual
12 Full-time employees are eligible to accrue up to eighty (80) hours of sick leave per calendar year (3.08 hours per pay period). An employee may not accrue more than 1200 hours of sick leave. b. Sick Leave Usage
ii.
Usage of sick leave shall be in accordance with the applicable provisions of the City's Manual of Personnel Practices, Policies and Procedures. Employees are eligible to only use sick leave hours that they have accrued.
An employee may not accrue more than 1200 hours of sick leave.
Once an employee reaches the maximum accrual, he/she will not accrue additional sick leave until his/her/their her sick leave accrual is below 1200 hours.
iii. Employees cannot have negative use of sick leave hours. iv. Every employee who is unable to report to work for
his/her/their/her/their scheduled shift shall either call, or have someone call his/her/their/her/their supervisor or designee preceding the time he/she is scheduled to report to work informing the supervisor that he/she is sick. If a supervisor doesn't answer at the time of the call, a message should be left informing the supervisor that the employee will not be at work that day absence.
v. The department head or his/her/their/her/their designee has the authority to approve sick leave for unit members.
vi. The parties acknowledge that the Personnel Rules and Regulations and the law address employee rights for those who have been the victim of domestic violence.
c. Verification of Sick Leave
Unit members who use sick leave for four consecutive days or longer shall submit a signed verification of the need for absence due to illness/injury or the need to care for a family member. The verification must be provided by the personal physician attending to the employee or family member, and presented to the
employee's supervisor before returning to work.
13 d. Enhanced Verification Requirements
i. In addition to Section A.l.c.i, the employee's supervisor, with the concurrence of Human Resources, may request future verification when less than four consecutive days of sick leave is taken and reasonable suspicion of sick leave abuse exists, if one of the following also applies:
(1) The employee has used 80 hours or more of sick leave within the 12 months immediately preceding the request for sick leave. The 80 hours shall not include any time off on an approved Workers' Compensation claim, FMLA/CFRA/PDL or
other legally protected leave of absence.
(2) There is reasonable suspicion that the employee is using sick leave for an improper purpose. For purposes of this section, reasonable suspicion shall include, but is not limited to, a documented pattern of absences over a reasonable period of time; calling in sick when a vacation request was denied; use of sick leave at the start or end of a workweek; or calling in sick preceding or following a holiday.
ii. When the prerequisites of Section A.l.c.i are met, the employee's supervisor and a representative of Human Resources will meet with the employee and provide a written directive regarding future sick leave verification. The directive will require the employee to provide verification of sick leave (which may be more frequently than is required by Section A.l.c.i) for 90 calendar days, instruct the employee on specific call-in procedures, and other relevant matters.
The employee will be afforded an opportunity during this meeting to respond and offer good cause for the use of sick leave. At the end of the 90 days, the parties will reconvene to either release the employee from the constraints of the written directive or to extend the duration of the directive.
iii. The verification must be provided by the licensed personal physician, osteopath, chiropractor, psychiatrist, psychologist, certified therapist or Christian Science practitioner attending to the employee or family member, and presented to the employee's supervisor before returning to work.
14 iv. A unit member, who, while on vacation, becomes ill/injured and who provides a doctor's verification of illness/injury prior to returning to work which verifies that leave for injury or illness in excess of four days was required, may request that the vacation time be substituted with sick leave.
e. PERS Credit for Unused Sick Leave
Pursuant to Government Code Section 20965, employees may convert unused accumulated sick leave to service credit at time of retirement.
B. Bereavement Leave
1. Full-time employees absent for leave due to bereavement of an immediate family member may receive regular compensation for a maximum of 3 working days. Three days bereavement leave are provided separate from the sick leave provision. In cases where additional time is needed such as travel out of state or to make related arrangements, employees may request additional time off using their own accrued leave banks (vacation, CTO, or floating holiday).
2. Immediate family member is defined as spouse, child, parent, brother or sister, parents or siblings of spouse, grandparent, grandchildren, step children, step parents, step siblings or domestic partner as defined by State law. Under special circumstances, the department head may approve bereavement leave upon the death of an individual not specified as the employee's immediate family member as herein defined.
C. Workers' Compensation Leave
1. The City will comply with the workers' compensation laws of the State of California.
2. In addition to the benefits provided under the law, for workers' compensation claims which have been accepted by the City, the City will supplement workers' compensation temporary disability payments to provide salary continuance in an amount equal to the annual base pay of the employee (less any required state and federal taxes). Claims that have been denied are not eligible for this benefit.
3. Supplemental payments will begin from the date of accepted injury and will continue for a period of time not to exceed nine (9) months. Employees who 15 may return to work with work restrictions and who are offered modified/light duty which is consistent with the employee's work restrictions, as determined by his/her/their/her/their treating physician or workers' compensation physician will discontinue receiving supplemental payments.
4. If an employee returns to work or is able to return to work in a modified/light duty capacity and has not received the full nine (9) months of supplemental payments and subsequently needs to be off work again for the same workplace injury/illness, the employee will be eligible for supplemental payments not to exceed a cumulative total of nine (9) months for the same injury/illness.
D. Military Leave
Military leave of absence will be granted and paid in accordance with law.
E. Witness Leave
In accordance with Government Code Section 1230.1, when an employee is served with a subpoena which compels his/her/their/her/their presence as a witness, he/she shall be granted a leave of absence with pay (not to be considered vacation) in the amount of the difference between the employee's regular earnings and any amount he/she receives for such appearance unless he/she is a litigant in or party to the action, or an expert witness.
F. Maternity Leave/Reduced Work Week Schedule
1. For regular full time employees, the City will provide an unpaid maternity leave of absence for up to six months, or up to nine (9) months using a combination of unpaid leave for a maximum of six months and a reduced work week schedule of at least 20 hours or more per week. The total combination of unpaid leave plus the reduced work week schedule shall not exceed a total of nine months.
2. In addition, while the eligible employee under this policy is on an unpaid leave of absence or reduced work week schedule, the City will continue providing health and dental contributions to the employee as if the employee was on a regular full-time paid work status.
3. For part-time employees working 20 or more hours per week, the City wilt provide an unpaid maternity leave of absence for up to six months. 16 4. An employee may request that all or part of their earned sick leave, vacation time or compensatory time not be used or run-out prior to the leave of absence, but remain on the books for the employee's future use upon their return to work.
5. Maternity leave will be modified as of January 1, 2017. Following that date, Employees are eligible for benefits pursuant to Pregnancy Disability Leave, California Family Rights Act (CFRA), and/or the Federal Family Medical Leave Act (FMLA), when applicable, for purposes of parenthood leave (e.g., pregnancy, childbirth, adoption, or foster care placement). Pregnancy Disability Leave (which runs concurrently with FMLA) provides for up to four months of leave for pregnancy disability (with health insurance paid for during such leave). CFRA provides the right to take up to an additional 12 weeks of leave (for up to one year after the birth, adoption or placement of a child in foster care) for caring for a newborn child, an adopted child or a child placed in the home for foster care.
6. Following the completion of Pregnancy Disability Leave and the exhaustion of FMLA/CFRA, if the employee is still unable to return to work as a result of continued disability caused by the pregnancy or the serious health condition (as that term is defined by the FMLA and CFRA) of the child for which she took leave, she shall be eligible to receive up to an additional two months of City paid health insurance if she needs to be off of work for at least an additional two months.
G. Jury Leave
1. If a unit member is required to be absent from work to report for jury duty, the employee will notify his/her/their/her/their supervisor of the absence as soon as possible, including, a phone message the night before if the employee finds out via a phone recording that he/she must report the next day. Employees assigned to swing or graveyard shift shall be assigned to day shift for the duration of the jury duty. Employees on Swing, Graveyard or weekend shifts shall have their schedules adjusted to traditional Monday- Friday work schedules while on Jury Duty.
2. There will be no reduction in pay for a unit member who is required to be absent from work for jury duty. Jury duty includes time in court awaiting assignment or release. In those cases in which the employee is released by the court with four or more hours remaining on his/her/their/her/their shift, the employee will report for duty and work the balance of the shift. By returning to work the employee will receive a full day's pay, and shall pay to the City any amount received from the court for the jury duty, excluding 17 mileage.
3. In those cases in which the employee is not released by the court with four or more hours remaining on his/her/their/her/their shift, the employee need not return to work. The employee shall receive the full day's pay.
4. Employees will submit proof of jury service to his/her/their/her/their supervisor.
ARTICLE 12 Vacation
A. Vacations are subject to department approval unless, for the efficient administration of the City, the City Manager or his/her/their/her/their designee determines that vacation leave of absence cannot be scheduled. In such event, the City Manager may authorize pay in lieu of vacation, or he may allow accumulation of more vacation above the maximum accrual.
B. Vacation Accrual and Maximum
Unit members accrue vacation on a per pay period basis using the following schedule:
Years of continuous
service
Hours accrued
per pay period
Annual
Accrual
Vacation
Maximum
Accrual
hlire date to completion
of 5 years
3.0880 hours160 hours
6 years - completion of
10 years
4.62120 hours240 hours
11 years4.92128 hours256 hours
12 years5.23136 hours272 hours
13 years5.54144 hours288 hours
14 years5.85152 hours304 hours
15 years6.15160 hours320 hours
C. Upon reaching the maximum accrual, employees will cease earning vacation until use of vacation brings the accrual below the maximum.
D. Employees cannot have negative use of vacation hours.
E. Any employee who terminates employment shall be paid for all accrued and unused vacation with his/her/their/her/their final paycheck.
18 F. Regular employees working part time basis for 20 hours per week or more, will accrue prorate vacation hours based on the number of hours that they are scheduled to work in their part time work schedule, (e.g., employees working twenty-five (25) hours per week shall accrue leaves at the rate of 62.5% of full-time employees; employees working thirty (30) hours per week shall accrue leaves at the rate of 75% of full-time employees, etc.).
G. Vacations including scheduling are subject to approval of the department head. To the extent possible, vacation preference will be given in order of receipt of the vacation request.
H. Employees who use forty hours of accrued leave (e.g., vacation, floating holiday, or compensatory time off) in the prior calendar year are allowed to cash out up to forty hours of vacation once per calendar year at the employee's base hourly rate of pay.
ARTICLE 13 Holidays
A. The following days shall be observed as holidays:
January 1;
the third Monday in January;
February 12;
• the third Monday in February;
the last Monday in May;
July 4;
the first Monday in September;
November 11;
the fourth Thursday in November;
the day following the fourth Thursday in November;
December 25.
B. If any of the foregoing holidays falls upon a Saturday, the preceding Friday is the holiday in lieu thereof. If any of the foregoing holidays falls upon Sunday, the Monday following is the holiday in lieu thereof.
C. The value of holidays will be as follows:
1. For 9/80 employees, nine hours on a day when the employee is regularly scheduled to work nine hours and eight hours on a day when the employee is regularly scheduled to work eight hours.
Holidays falling on a 9/80 employees' regular day off will result in eight hours 19 credited to the floating holiday bank.
2. For 5/40 employees, holidays are eight hours.
3. For 4/10 employees, holidays are ten hours.
4. For 3/12 employees, twelve hours on a day when the employee is regularly scheduled to work twelve hours and eight hours on a day when the employee is regularly scheduled to work eight hours.
D. Floating holiday: Effective with the first paycheck in January each unit member will be provided floating holiday hours as follows:
eight hours for employees working the 5/40 schedule;
nine hours for employees working the 9/80 schedule;
ten hours for employees working the 4/10 schedule; and
twelve hours for employees working the 3/12 schedule
E. In the event that an employee is required to work a holiday he/she shall receive time and a half for hours worked on the holiday. In addition, the employee is entitled to receive 8 hours or 9 hours of pay a the straight time rate if he/she is on a 9/80 work schedule, 10 hours of pay at the straight time rate if he/she is on a 4/10 work schedule and 12 hours of pay at the straight time if he/she is on a 3/12 work schedule.
F. Continuous Shift Employees In The Police Department - Community Service Officer, Forensic Specialist, and Police Dispatcher
1. Regardless of the above, continuous shift employees of the Police Department whose work shift overlaps a holiday shall be paid for hours worked on the holiday as follows:
a. Continuous shift employees whose work schedules require them to work past midnight shall be paid time and one-half for the full shift of any shift which begins on a holiday regardless of when the work shift ends. b. Continuous shift employees whose work shift does not begin on a holiday, but ends past midnight into the holiday shall be paid at the straight time rate for hours worked on the actual holiday. c. For continuous shift employees, holidays falling on a regular day off, may either be credited to the floating holiday bank, or paid to the employee at the straight time rate, at the employee's discretion. 20 d. Floating holiday hours are earned at the time the holiday falls on a scheduled day off. Employees choosing to receive pay for the holiday will note the request on his/her/their/her/their timesheet. e. Floating holiday hours may be used with the prior approval of the employee's supervisor.
f. For continuous shift employees, the parties agree that to the extent permitted by law, the additional pay for working on a holiday (which is part of regular scheduled hours) is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5). Holidays that are credited to the floating holiday bank are not reportable to CalPERS.
G. Unused holiday hours for a given year may be carried over to the following year to a maximum offifty-four (54) hours; but must then be used or lost.
H. Earned floating holiday hours remaining in the employee's bank which were for holidays occurring prior to the separation will be paid to the employee at the employee's current base rate of pay.
ARTICLE 14 Rest and Meal Periods
A. Rest Periods
1. Every employee shall be provided two 15-minute rest periods per day for each period of not less than three hours or more than four hours.
Employees may leave the job site for a rest period providing that the total time away from the job does not exceed 15 minutes.
2. The time at which such rest periods are taken shall be determined by the department head who will schedule absence from duty so that service to the public is not impaired.
3. Rest periods may not be accumulated or added to a lunch hour, vacation or to other forms of leave.
B. Meal Periods
Employees covered by this Agreement shall be entitled to a meal period of up to 1 hour.
21 1. Meal periods are unpaid unless an employee is required to work through his/her/their/her/their meal period.
2. The amount of time for a meal period and the procedure for taking a meal period shall be determined by the department director or his/her/their/her/their designee.
3. Departments will provide employees 14 days calendar notice of an ongoing change to the meal period.
ARTICLE 15 Employee Benefits
The following section outlines insurance benefits for regular full-time employees and regular part-time employees regularly scheduled to work an average of 30 or more hours per week during the calendar year.
A. Life Insurance
The City will provide life insurance coverage in the amount of $50,000 for each employee.
B. Dental Care Program
The City will contribute 100% payment of employee only premium amount and up to $86.31per month for each eligible employee who enrolls in dependent coverage.
In no case shall an employee receive more than the amount of the premium for the dental plan for which he/she/they is enrolled.
C. Health Insurance/Employee Option Benefit Fund
1. The City of Pasadena participates in the CalPERS Medical program (per the Public Employee Medical and Hospital Care Act - "PEMHCA"). For employees enrolled in a CalPERS medical plan, the City contributes the required statutory minimum (per Government Code section 22892) toward the medical premium which is part of the EOBF allowance.
2. The Employee Option Benefit Fund (EOBF) allowance is used to offset health premium costs and includes the PEMHCA minimum.
3. Effective January 1, 2022, the EOBF allowance for current employees enrolled in a medical plan offered through the City is:
Tier 1: Employee Only
22 $1,180.26
Tier 2:
Tier3:
Employee +1
Employee +2
$1,439.56
$1,871.43
4. Increases to each tier (employee only, EE+1, EE+2) will only occur when the premium for the CalPERS LA Region for Blue Shield Access+ or Kaiser exceed the current allowance. The allowance in each tier will equal the lower of the LA Region Blue Shield Access+ or Kaiser premium but shall not be lowered below the 2014 allowance.
5. Employees hired by the City on or after January 1, 2015, will receive an EOBF allowance (including the statutory minimum) that equals the premium of Blue Shield Access+ or Kaiser (LA Region) whichever is lower for the tier in which they enroll (employee only, employee+1 employee+2).
6. Employees in the unit as of June 30, 2012 who elect to opt out of medical coverage offered by the City because they have provided proof of medical coverage will receive an EOBF opt out allowance of $1,061.26 per month which will be designated to the employee's deferred compensation account.
Employees may elect to have 65% of the EOBF Opt Out allowance paid as cash in lieu of depositing the total allowance to a deferred compensation account offered by the City.
7. Effective July 1, 2012, new employees electing to opt out of medical coverage offered by the City because they have provided proof of group medical coverage will receive an EOBF opt out allowance of $400 per month which will be designated to the employee's deferred compensation account.
New employees may elect to have 65% of the EOBF Opt Out allowance paid as cash in lieu of depositing the total allowance to a deferred compensation account offered by the City.
D. Long Term Disability
The City provides a long term disability (LTD) plan that will provide for disability payments to employees under, at least, the following basic provisions:
1. Disability payments will commence on the 46th calendar day of the illness or injury;
2. Payments shall not exceed a total of 50% of the employee's salary or a maximum of $900 per month and will be coordinated with deductible benefits as provided under the LTD plan;
23 3. The maximum benefit period will be for an individual whose disability begins before age 60 is to age 65;
4. The maximum benefit period for an individual whose disability begins at age 60 or older will be five years.
In addition to the basic LTD plan provided by the City, the employee may elect to enroll in a supplemental LTD plan at his/her/their cost, which provides supplemental LTD payments equal to 60% of the employee's salary, coordinated with deductible benefits. Effective January 1, 2016, employees may elect to enroll in a supplemental LTD plan at his/her/their cost, which provides supplemental LTD payments equal to 66 2/3% of the employee's salary, coordinated with deductible benefits.
E. State Disability Insurance (and Paid Family Leave)
Effective January 1, 2020 or as soon as practical thereafter, the City approves LIUNA's participation in the Employment Development Department's State Disability Insurance (SDI) program. The cost of participating in this program is 1% of earnings and will be paid by the employee. Employees may not receive more than 100 percent of normal earnings when receiving SDI or PFL benefits and pay from the City.
In the event of a disability that is non-industrial or where industrial causation has yet to be determined, or for time taken to care for a seriously ill family member, or to bond with a new child, employees shall apply for SDI/PFL benefits in a timely manner.
The City will continue to pay the employer share of the premiums for medical vision, dental and life insurance coverage on behalf of a qualified regular full or part-time employee who is receiving SDI for the period of time that he/she/they has and utilizes leave accruals to fully integrate or for the period of time he/she/they is on approved FMLA/CFRA leave, whichever period is longer.
SDI benefits will be integrated with accrued leave accruals as follows:
a. Employees must promptly inform departmental payroll clerks of their SDI benefit amount and provide documentation of receipt for which he/she/they is eligible.
b. Employees' pay, including leave accruals and/or SDI benefits shall not exceed the employee's regular gross pay. Gross pay is made up of regular base pay and bilingual pay, as applicable. Employees must integrate all required leave to equal 100% of their full time equivalent position.
24 c. Upon exhaustion of sick leave, other accumulated leave will be integrated with weekly SDI benefits.
ARTICLE 16 Retirement
A. Retirement benefits shall be provided as currently specified under the City of Pasadena's Contract with the Public Employees' Retirement System.
B. Unit members employed by the City of Pasadena on or before December 31, 2012 and employees hired on or after January 1, 2013 who are not defined as "new members" by the Public Employees' Pension Reform Act of 2013 (PEPRA) are provided the following retirement benefits:
1. Miscellaneous 2.5% @ 55 benefit formula.
2. Final compensation based upon the highest annual average compensation earnable during the 36 months of employment immediately preceding the effective date of his/her/their retirement or some other period designated by the retiring employee per Government Code section 20037.
3. Employees pay the 8% employee/member contribution on a pre-tax basis.
The City has adopted a resolution per IRS Code section 414(h)(2) to ensure that the payment of the member contribution will be made pre-tax.
4. Effective July 8, 2019, employees pay 8% employee/member contribution on a pre-tax basis and an additional 0.10% of the employer rate as cost-sharing (for a total of .10% of the employer rate) in accordance with Government Code section 20516(f).
5. Effective the first full pay period in July 2020 and timed with the salary increase, employees pay 8% employee/member contribution on a pre-tax basis and an additional 0.40% of the employer rate as cost-sharing (for a total of .50% of the employer rate) in accordance with Government Code section 20516(f).
6. Effective the first full pay period in July 2021 and timed with the salary increase, employees pay 8% employee/member contribution on a pre-tax basis and an additional 0.50% of the employer rate as cost-sharing (for a total of 1.00% of the employer rate) in accordance with Government Code section 20516(f).
C. Unit members hired on or after January 1, 2013 who are "new members" as defined by the PEPRA are provided the following retirement benefits:
25 1. Miscellaneous 2% @ 62 benefit formula.
2. Final compensation based upon the highest annual average compensation earnable during the 36 months of employment immediately preceding the effective date of his/her/their retirement or some other period designated by the retiring employee.
3. Employees will pay one-half of the total normal cost. In addition, new members will pay additional amount for their retirement contribution as cost sharing in accordance with Government Code section 20516(f). That amount will be the difference between the half the normal cost amount and eight percent so that their total retirement contribution will be eight percent (8%).
D. The City contracts for the following optional benefits which apply to all miscellaneous employees:
1. 1959 Survivor Benefit Level 4 (Section 21574)
2. Pre-Retirement Option 2W Death Benefit (Section 21548)
3. Pre-Retirement Death Benefits to Continue After Remarriage of Survivor (Section 21551)
4. $500 Retired Death Benefit (Section 21620)
5. 2% Annual Cost of Living Allowance Increase (Section 21329)
6. Unused Sick Leave Credit (Section 20965)
7. Military Service Credit (Section 21024)
ARTICLE 17 Reimbursements
A. Tuition Reimbursement
1. Regular employees pursuing an Associate of Arts degree or higher in a at an accredited college or university in a career field existing in the City of Pasadena, shall be eligible for tuition reimbursement of up to two thousand dollars ($2,000) per fiscal year. In addition, Management shall have the discretion to approve reimbursement for job-related coursework not associated with a degree program. Upon presentation of receipts and grade cards, employees wilt be reimbursed for the actual costs of tuition, books, lab fees, or other student expenses. Parking fees are not reimbursable under this provision.
2. Eligibility for tuition reimbursement shall be in accordance with Section 8.D - Tuition Reimbursement of the City of Pasadena's Manual of Personnel Rules, 26 Practices and Procedures.
B. Uniforms
1. Rules and regulations for wearing of uniforms shall be set by the operating departments. The employee must pay for and replace any uniform lost or stolen which has been assigned to them. It shall be the policy of the City to replace worn or damaged uniforms for Police personnel consistent with depart mental guidelines.
2. The City will report the value of provided uniforms to CalPERS as $200 per year for unit members defined as "classic members" under the Pension Reform Act of 2013. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2, CCR 571(a)(5) Uniforms. "New members" as defined under the Public Employees' Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation.
C. Mileage
The City will provide reimbursement to the employee for use of his/her/their personal vehicle for authorized work-related travel. The reimbursement rate shall equal the per mile rate stated in Internal Revenue Service regulations governing tax deduction allowances for unreimbursed employee business expenses.
D. Safety Shoe Allowance
Effective with the first pay check in August 2019 and each January thereafter, the City shall provide a $125 allowance for Department approved safety shoes/boots and safety shoes/boots will be a required part of the uniform for the following classifications:
•
•
Community Services Officer
Forensic Specialist
hlelicopter Maintenance Technician
Property Evidence Technician
Parking Enforcement Representative
Senior Parking Enforcement Representative
ARTICLE 18 Transportation Demand Management PrideShare II Program Unit members must participate in the PrideShare program as identified in the City's Personnel Manual of Policies and Procedures. Solo drivers are required to pay $35 per 27 month ($17.50 per pay period). Non-Solo drivers have benefits provided per the policy.
ARTICLE 19 Payroll Administration
A. Step Increases
1. There are ten steps in the salary schedule for unit employees. Step increases will be granted when an employee receives a performance evaluation of meets expectations/satisfactory or above. Step increases will be granted on an annual basis (12 month intervals).
2. When an employee is promoted from one classification to another classification with a higher top step, the promotion shall result in placement in the new salary range that will provide an amount equal to at least a two- step increase (5%) in compensation. The two-step increase will be measured by the compensation schedule (base salary to base salary) from which the employee is being promoted. In no event shall the salary be higher than the top step in the new salary range.
3. The City Manager may approve a promotion at a higher step within the schedule.
B. Temporary Upgrade Pay (Acting Assignments)
Employees may be assigned on a temporary basis to assume the full duties of a higher level position when that position is temporarily vacant due to an extended leave of absence or scheduled to be filled following the completion of a recruitment process.
Acting assignments will be filled in accordance with the Acting Assignments Policy located in the City's Manual of Personnel and Administrative Rules.
Employees in acting assignment will receive 5% of base pay as acting pay.
To the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR Section 571(a)(3) Temporary Upgrade Pay as special compensation.
ARTICLE 20 Payroll Deduction and Dues
A. Deduction and Dues
The Union shall comply with the dues deduction requirements of the City of Pasadena.
28 LIUNA will maintain records of employee authorizations for dues deductions. LIUNA will provide the City with information regarding the amount of dues deductions and the list of LIUNA employees who have authorized dues deductions. To the extent required by the California Government Code, the City will rely on the information provided by LIUNA in processing dues deductions for LIUNA members.
To the extent required by the California Government Code, LIUNA agrees to indemnify and hold the City of Pasadena harmless from any liabilities of any nature which may arise as a result of the application of the provisions of this Section.
ARTICLE 21 Written Reprimands
An employee, upon reviewing his/her/their personnel file, may request and have any written reprimands issued more than five (5) years prior removed from his/her/their personnel file, provided there have been no subsequent disciplinary actions taken against the employee for the same or similar offense.
ARTICLE 22 Grievance
A. Definition
1. Grievance - A dispute between an employee(s) or the Union and the City regarding an interpretation or application of the Employer-Employee Labor Relations Resolution, this MOD, or of the rules and regulations governing conditions of employment.
2. Grievant - An employee or the Union.
B. Guidelines
1. An employee may file a grievance without jeopardizing the employee's employment. The Union may also file a grievance. In lieu of the grievance procedure, an employee may elect to process allegations of unlawful discrimination through the Human Resources Department, utilizing the Discrimination Complaint Procedure.
2. An employee may select one of the following methods of representation.
The employee may:
a. Be self-represented
b. Be represented by the Union not to exceed two City employees and the Business Representative.
29 3. Once a grievance is presented and formal notification has been given to the department that the employee will be represented by a union representative in the grievance proceedings, then that representative shall be governed by this MOD.
4. The representative shall be entitled to:
a. Notification of the time and place of the grievance proceedings and the opportunity to be present at such proceedings.
b. A copy of any written decisions or communications to the employee concerning the grievance proceedings.
5. A grievance may be initiated by the employee concerned, his/her/their union representative, or the Union itself.
6. An earnest and sincere effort shall be made by all parties to cooperate in the prompt resolution of a grievance in an amicable manner. The time limits may be extended when mutually agreed upon in writing between the appropriate parties. If the employee, including through his/her/their representative or the Union, fails to proceed with the grievance within any of the time limits specified herein, the grievance shall be considered settled on the basis of the last decision rendered.
7. This is the sole and exclusive method for resolving grievances.
C. Grievance Procedure
1. Step 1
a. The employee shall orally present the grievance to the immediate supervisor within fifteen (15) calendar days following the event or events upon which the grievance is based.
b. The immediate supervisor shall make whatever investigation deemed necessary and may arrange a meeting with the employee to discuss the grievance and, if possible, resolve it. The supervisor shall give an answer to the employee within fifteen (15) calendar days following the oral presentation of the grievance. If the employee has requested to be represented, the representative shall be given the opportunity to attend the meeting, and shall be informed of the immediate supervisor's decision on the grievance.
30 c. If the employee is not satisfied with the decision of the immediate supervisor, upon indicating the specific areas of disagreement, appeal to Step 2 can be made.
2. Step 2
a. If the employee desires to appeal his/her/their grievance to Step 2, the employee shall submit the grievance in writing on a grievance form provided to the department head, within fifteen (15) calendar days following receipt of the immediate supervisor's decision at Step 1. b. The written grievance must contain a citation of the MOD provision, policy or procedure alleged to have been violated by the City, a complete statement of the complaint, the facts upon which it is based, the employee's reasons for the appeal, and the remedy being requested.
The grievance form shall be signed and dated by the employee, or a representative of the Union.
c. The department head and the Director of Human Resources, or their designated representatives, shall attempt to resolve the grievance and shall arrange a meeting with the employee(s) and his/her/their appropriate representative. A decision, in writing, shall be given to the employee within fifteen (15) calendar days following the receipt of the written appeal or conclusion of the appeal meeting whichever is later. d. If the written response is not provided within fifteen (15) calendar days of the step 2 meeting than the grievant may appeal to step 3 unless the reason the response has not been provided is because information has been requested from the grievant or Union has not been provided. In that situation, the response is not due until after the decision maker is provided with the requested information.
e. If the employee is not satisfied with the Step 2 decision, upon indicating areas of specific disagreement, appeal of the grievance to Step 3 for resolution may be made.
D. Advisory Arbitration
1. If the grievance has been properly processed and is not satisfactorily resolved at Step 2, the Union may appeal the grievance to arbitration, except 31 written reprimand may not be appealed to arbitration and Step 2 decisions on such reprimand are final. The appeal shall be in writing; shall be signed by the authorized Union representative and the employee, and shall be submitted to the City within fourteen (14) calendar days of the written decision at Step 2.
2. Within ten (10) calendar days the parties shall request the Public Employment Relations Board to submit a list of seven (7) persons qualified to act as arbitrators.
3. Within ten (10) calendar days following receipt of the list of arbitrators, the parties shall meet to select the arbitrator. The parties shall alternately strike one name from the list of arbitrators (the right to strike the first name to be determined by flipping a coin) until one (1) name remains, and that person shall be the arbitrator.
4. The arbitrator shall hold a hearing on the issue or issues submitted. The arbitrator shall not hear witnesses without the presence of both parties and shall render a written opinion within 30 calendar days following the closing of the hearing unless the period has been mutually extended in writing. The opinion, which shall be bound by the present MOU, shall be advisory only, shall not be binding on either party, and shall be limited to the issue, or issues, presented to the arbitrator. The opinion shall be sent to the City Manager and/or his/her/their designee with a copy to the Union and the employee.
5. Within thirty (30) calendar days following receipt of the advisory opinion, the City Manager and/or his/her/their designee shall advise the Union and the employee by letter whether or not any further action will be taken regarding the issue, or issues, referred to in the arbitrator's advisory opinion. A copy of the City Manager and/or his/her/their designee's letter will be sent to the employee and/or union
6. Each of the parties involved shall contribute equally to the cost of facilities, fees and expense of the arbitration, including required transcripts, which shall be determined in advance of the hearing. Each party shall bear its own witness and attorney fees.
ARTICLE 23 Alternatives to Layoff
A. If during the term of this MOD, the City determines that workforce reductions are necessary, it shall, together with the Union, explore the following options prior to utilization of the layoff procedure.
32 1. Utilize normal attrition;
2. Develop programs to train City employees for other City openings.
3. Give appropriate notice to the Union of pending layoffs and meet and confer on the impact of layoffs. Included in this process shall be exploration of further alternatives to layoffs.
ARTICLE 24 Layoff
A. Definition
Layoff is defined as any involuntary separation wherein management eliminates a job without prejudice to the incumbent. The provisions of this Article do not apply to employees on grant funded/limited term positions.
B. Authority
The City Manager shall have the authority to eliminate positions within any department because of curtailment of funds, reduction in force due to technological or operational changes, or elimination or modification of any activity or service.
C. Policy
1.The City will make every effort to accommodate those employees who may be subject to layoff through the process of normal attrition. In the event of the reduction of the work force, existing vacancies shall be used to the maximum extent possible to relocate affected employees, regardless of departmental jurisdiction.
2. Layoff shall be made by specific classification.
3. Within a given class, individuals will be laid off based upon seniority in that classification. For the purposes of bumping, seniority shall include time worked in the current class, the previously held class, plus time worked in directly related higher classifications.
4. The layoff priority of employment categories shall be as follows:
a. Probationary, regular, part-time employees.
b. Probationary, regular, full-time employees.
c. Regular, part-time employees who have completed their probation. 33 d. Regular, full-time employees who have completed their probation (for purposes of this policy, employees who work 30 hours per week or more are defined as "full-time".)
5. Departments which anticipate a possible reduction in staff because of the acquisition of new equipment, change in procedures, or for any other reason, shall notify the Human Resources Department and the affected employee as soon as possible in order that appropriate procedures may be initiated. The Human Resources Department will advise the Union of the impending reduction in staff with enough notice to allow for the exploration of alternatives to layoffs.
6. Employees for whom a layoff appears imminent shall be placed upon a retention list for that class. All vacancies within that class shall be filled from the retention list prior to using the regular eligible or any existing recall lists.
The conditions applying to this list shall be as follows:
a. Based upon seniority in their present class, employees will have the right to transfer to any vacant position in the same class if they meet the minimum requirements for the vacant position.
b. If qualified, employees shall have a right to a demotion to another classification in their own department or this bargaining unit if a vacancy exists and is to be filled.
c. If any employees cannot be placed under the provisions of Paragraphs a. and b. above, such employees may be considered by other departments as follows:
i. The employee is physically able to perform the required duties.
ii. The position is not one of greater supervisory responsibility and is compensated at a rate equal to or less than the
employee's present rate.
iii. The employee meets the minimum qualifications and physical standards of the position.
iv. Departments, other than the one in which the particular layoff occurred, are not obligated to accept the laid-off employee unless the classification is covered by this
bargaining unit.
34 7. Based upon his/her/their seniority as defined in this Section an employee may exercise a displacement (bumping) right to a position which he/she formerly held on a regular basis.
8. Employees transferred to a new position in the same class shall receive the same salary step and retain the same anniversary date as in their previous position.
9. Employees who, in order to avoid being laid off, accept voluntary demotion shall be compensated in the established salary range of the class into which they transfer at the step nearest to, but not greater than, that received in their former classification. The employee's rate of pay shall be changed at the time that the reassignment is made or new duties and responsibilities are assumed and the employee shall retain the previous employment date for purposes of step advancement.
10. Employees who accept voluntary demotion shall be placed on a reemployment list for their previous classification in accordance with this Section below. Rejection of a reappointment offer shall terminate eligibility for future consideration.
11. Employees who are subject to impending layoff may not be transferred to a vacant position with a higher salary range except through participation in the normal examination and selection procedures, as established by the Human Resources Department.
12. Employees who cannot be placed, and must be laid off, shall have their names placed on a recall list and shall be eligible as follows. a. To compete in promotional examinations for which they are qualified for a period of 18 months.
b. To hold recall rights for a period of 18 months and be eligible for any vacancies which may occur during this period in the classification held by the employee, provided that the employee is able to perform the duties of the job.
c. Employees who are laid off will be given the following considerations with regard to their other accumulated benefits:
Employees will not continue to accumulate any longevity- based benefit during the period that they are laid off, but will 35 retain any benefits accumulated to the date of layoff.
Employee retirement benefits cease at the time of, and will not be paid during a layoff period.
ii. The employee may remain in a layoff status for a maximum of 18 months. If the employee is recalled during this time, reinstatement will be made and all rights and benefits will be restored as a regular employee from the date of their first appointment within the period of the most recent continuous service, with an appropriate adjustment for the time that was not actually worked on the job.
iii. The laid-off employee will have the option of receiving payment for any accumulated vacation and/or sick leave, within the provisions of the respective policies, at any time during the layoff period. Such payments will be made in one sum.
iv. Employees who claim payment for accumulated vacation and/or sick leave and are subsequently recalled, will begin re- accumulating the claimed benefit(s) on the date that they report back to work.
v. Laid-off employees who are not recalled within the 18-month period will be completely separated from the City service and will automatically receive payment for any accumulated
vacation which has not been previously claimed.
d. Employees laid off and given an opportunity to return to their job classification shall be allowed a maximum of 14 calendar days after such notification to make themselves available. If an employee refuses such an opportunity to reemployment, the employee will be removed from the recall list.
13. Provisional or temporary employees may be separated by the appointing authority without regard to seniority status, and shall have no recall rights, but may be returned to their former place on the eligible list.
14. Employees who: (a) may be transferred, (b) accept a voluntary demotion, (c) are reemployed by the City, shall meet the job requirements of the class into which they are placed.
36 15. Questions on seniority status, which affect retention and recall that are influenced by previous reclassification actions, shall be adjudicated by the Director of Human Resources.
D. Procedure
1. Notice: Each affected employee shall receive written notice from the appointing authority, specifying the exact date when layoff is to be effective; and at least two weeks' notice shall be given.
a. The commencing date of the recall rights of the employee shall start from the effective date of layoff.
2. Recall List: The Human Resources Department will automatically establish a recall list by classification for a period of 18 months. a. All departments where classifications exist for which a recall list has been established will be notified of the availability of individuals on the recall list.
b. Individuals on the recall list will be appointed to vacancies for which they qualify in the department from which they were laid off, so long as any person in that class is on such a list, before any other names on any other eligible lists - promotional or open competitive - are used.
E. Severance
Employees who are laid off will receive severance pay equal to one month of base pay for each year of full-time employment with the City subject to a maximum of six months' pay. Severance payments will be made monthly and will be discontinued should the individual be re-employed by the City.
ARTICLE 25 Work Schedules and Work Weeks
A. Work schedules are defined as an employee's regularly assigned hours of the day and days per week.
B. Unit members work a seven day FLSA work week (168 recurring hours).
C. Work schedule is defined as an employee's regularly assigned hours of the day and days per week and may include:
37 1. The 9/80 schedule (four nine hour days per work week and one alternating eight hour day/regular day off). Employees working the 9/80 have a FLSA work week designated as beginning four hours into their alternating regular day off (eight hour day).
2. The 5/40 schedule (five eight hour days per work week). Employees working the 5/40 have a FLSA work week designated as beginning at 12:00 a.m. on Monday through 11:59 p.m. Sunday.
3. The 4/10 schedule (four ten hour days per work week). Employees working the 4/10 have a FLSA work week designated as beginning at 12:00 a.m. on Monday through 11:59 p.m. Sunday. Classifications working the 4/10 work schedule include: Community Services Officer, Forensic Specialist, Police Dispatcher, Police Specialist II, Police Specialist III and Staff Assistant IV.
4. The 3/12 schedule (three twelve hour days per work week and one alternating eight hour day every other week). Employees working the 3/12 schedule have a FLSA work week designated as beginning four hours into their alternating eight hour work day. The only classification working a 3/12 work schedule is a Police Dispatcher
D. The City shall give notice to the Union and, upon request, meet and confer on City proposals to reduce regular work hours in lieu of layoff.
ARTICLE 26 Seniority
A. Seniority shall be determined by the length of time the employee has been in the current classification.
B. For computation of wage increase, evaluations and supplemental benefits (vacation, sick leave, etc.) the Date of Appointment is the date the employee was first appointed to a "regular" position. For employees who were reclassified into a new classification and would otherwise have the same seniority date in the new classification, seniority is determined by the seniority in their prior classification.
C. If an employee is hired on a part time, temporary or federally funded status into a classification and without a break in service is subsequently appointed to the same position on a "regular" status, the date of first hire on the temporary status is the Date of Appointment.
ARTICLE 27 Probation
38 A. Initial Appointment - Except as provided by administrative regulation, and except as otherwise provided in this paragraph, all employees employed by the City hereunder, as part of the examination process, shall serve an initial probation period of continuous service as specified on the job specification at the time of hire.
Any employee serving an initial probation period may be terminated with or without cause at the discretion of the appointing authority. Probation periods shall be deemed to be part of the examining process. Such initial probation period shall not be extended.
B. Promotional Appointment - Employees who are promoted shall serve a twelve month probation period of continuous service in the higher classification. Any employee serving a promotional probation period may be returned to his/her/their former classification during such probation period if a vacancy exists, but such probation period shall not be extended. If a vacancy does not exist in the former classification, the employee shall be considered for any job classification throughout the City for which: they meet the minimum qualifications; a vacancy exists and is authorized to be filled; and the placement would not result in a promotion. Any employee serving a promotional probationary period may request to be returned to his/her/their former classification. Further, if the employee so requests, said employee shall be returned to his/her/their last regular classification during the probationary period or as soon as possible, provided that a vacancy exists and there are no other actions pending against the employee.
ARTICLE 28 Drug and Alcohol Use
It is the responsibility of the City, the Union, and employees to maintain a safe, healthy, and productive work environment. In order to fulfill said responsibility, the parties have agree to the following policy:
A. Purpose
1. It is the purpose of this policy to eliminate substance abuse and its effects in the workplace, and to ensure that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves.
2. Regardless of any provision in this policy, the parties understand that the City may discipline employees based on its investigation of misconduct, either on duty or off duty.
B. Policy
39 1. It is City's Policy that employees shall not be under the influence of or in possession of alcohol or drugs while on City property, at work locations, while on duty, or before reporting for duty; shall not utilize such substances when they have a reasonable expectation of call in for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; not have their ability to work impaired as a result of the use of alcohol or drugs (whether lawful or unlawful drugs).
2. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her/their supervisor, before beginning work, when taking medications or drugs (including the possible effects of taking such medication and drugs) which could foreseeably interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
3. If the City has a reasonable suspicion that an employee may have drugs, alcohol or paraphernalia related to its use on City property, the City may search, without employee consent, all areas and property in which the City maintains control or joint control with the employee, such as desks, file cabinets, City vehicles, etc.
Otherwise the City may notify the appropriate law enforcement agency that an employee may have illegal drugs in his/her/their or her possession or in an area not jointly or fully controlled by the City, such as lockers assigned exclusively for the employee's personal use.
4. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall, for safety purposes be provided transportation from the work site.
5. The City is committed to providing reasonable opportunity for rehabilitation for those employees whose drug or alcohol problem classifies them as disabled under federal and/or state law. Employees whose use of drugs or alcohol prohibits them from performing the duties of their position, or whose use constitutes a direct threat to property or the safety of others, are not considered disabled under federal or state law.
6. The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help from alcohol or drug problems. Employees should contact their supervisors or the City's Wellness Coordinator in the Human Resources Department for additional information. 40 7. Employees who voluntarily seek treatment for substance abuse requiring an absence from work may, with department head approval, be allowed to use earned sick leave and/or vacation during such absence. In the absence of any pending disciplinary action, employees may admit to a substance abuse problem without fear of reprisal because of their admission or abuse problem.
C. Application
This policy applies to alt employees in the bargaining unit. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job.
D. Employee Responsibilities
An employee must:
1. Refrain from the use of, or possession of, illegal drugs or narcotics while on duty or off duty;
2. Not report to work while his/her/their ability to perform job duties is impaired due to on or off duty alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or at anytime while on City property;
4. Not directly or through a third party sell or provide illegal drugs to any person, including any employee, while either employee or both employees are on duty;
5. Submit immediately to a urine, breath or blood test, or other test as deemed appropriate, when ordered by a supervisor or manager who has reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job;
6. Notify his/her/their supervisor, before beginning work, when having consumed alcohol or when taking any medications or drugs, prescription or non- prescription, which may interfere with the safe and effective performance of duties or operation of equipment;
7. Provide within 24 hours of request bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a 41 drug screen/test is positive. The prescription must be in the employee's name; and
8. Report to the supervisor or take other appropriate action when they have knowledge of objective evidence that other employees may be under the influence of drugs or alcohol or engaging in illegal drug related activities.
9. Employees who believe they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program or other resources available in the community. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help.
E. Management Responsibilities and Guidelines
1. Managers and supervisors are responsible for reasonable enforcement of this policy, and for the administration of discipline as deemed appropriate, consistent with the Discipline Section.
2. Managers and supervisors may request and, if necessary, subsequently order that an employee submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job. "Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her/their job safely is reduced. In addition, reasonable suspicion may be based on:
a. Possession of alcohol or drugs; or
b. Information obtained from a reliable person with personal knowledge. The supervisor shall make reasonable attempts to verity or corroborate such information prior to requesting or ordering an employee to submit to a drug test.
3. If the manager or supervisor reasonably believes that an employee is under the influence, the employee shall be advised of his/her/their/her/their right to representation. Upon the employee's request for representation, any interrogation or testing shall cease until representation is present, unless representation is not immediately available.
42 4. Any manager or supervisor requesting or ordering an employee to submit to a drug and/or alcohol test shall document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs. When possible, the supervisor shall seek the opinion of a person such as a police officer who is trained to recognize persons under the influence prior to ordering an employee to submit to a drug test.
5. Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis shall remind the employee that failure to comply is insubordination and will result in disciplinary action. Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the manager or supervisor shall, for safety purposes, provide the employee transportation from the work site.
6. Managers and supervisors shall not physically search the person of employees, nor shall they search the personal possession of employees without the consent of the employee.
7. Managers and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his/her/their or her possession, or when the supervisor is unable to reasonably control a situation where the employee poses a potential liability to himself/herself, or others.
F. Physical Examination and Procedure
The urine, breath, blood, or other appropriate test may test for any substances which could impair an employee's ability to effectively and safely perform the functions of his/her/their job, including, but not limited to, prescription medications, alcohol, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids. Any positive drug test shall be confirmed by a reliable test. The confirming test must be at the same or better level accuracy as a Gas Chromatography/Mass Spectrometry (GC/MS) test. Employees who are being tested shall have the right to request a sample split for analysis by an independent laboratory.
G. During Employment Alcohol/Drug Tests
1. A positive result with confirmation from a drug and/or alcohol analysis may result in disciplinary action, up to and including discharge. However, consideration may be given to postpone, reduce or cancel pending disciplinary action when an employee voluntarily obtains treatment for a substance abuse problem.
43 2. If the drug screen is positive, the employee must provide within 24 hours of request, a bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee's name.
If the employee does not provide acceptable verification of a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified his/her/their or her supervisor, the employee will be subject to disciplinary action up to and including discharge.
3. If an alcohol or drug test is positive for alcohol or drugs, the City shall immediately conduct an investigation to gather all facts. Any decision to discipline or discharge will be made at the earliest possible time and shall be carried out in conformance with applicable discipline procedures. hi. Confidentiality
Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature wilt be contained in a separate confidential medical folder that wilt be securely kept under the control of the Director of Human Resources. Disclosures, without patient consent, may also occur when: (1) the information is compelled by law or by judicial or administrative process; (2) the information has been placed at issue in a formal dispute between the employer and employee; (3) the information is to be used in administering an employee benefit plan; (4) the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.
ARTICLE 29 Health and Safety
A. The parties agree that a successful health and safety program depends on a cooperative effort among the parties, and the active participation in and support of safe working practices. In recognition of these shared responsibilities, the parties agree to assume reasonable roles in maintaining a viable safety and health program, to cooperate in promoting safety, and to encourage fellow workers to observe safety rules while performing their duties.
B. It is the duty of all employees covered by this MOD, in the course of performing their assigned duties, to be alert to unsafe practices, equipment, and conditions and to report any unsafe practices or unhealthy conditions to their immediate supervisor.
C. Should a dispute arise over the application or interpretation of a safety rule, such dispute shall be resolved by use of the grievance procedure; or at the City's option, by engaging the services of a qualified safety consultant who will be agreed upon 44 mutually. However, nothing in this MOD shall prohibit the employee or the union from exercising their rights to take any safety issue to the appropriate State or Federal agency, once the City has had a reasonable opportunity to correct the problem.
ARTICLE 30 Contracting Out
If, during the term of this MOD, the City proposes to contract out bargaining unit work, the City shall notify the Union, in writing, after a Request for Proposal is approved and received by the City. Upon written request from the Union, the City shall meet with the Union to negotiate the impact on employees of any proposed contracting out prior to contracting out any bargaining unit work.
ARTICLE 31 Bullet Resistant Vests
A. Unit employees in the classification of Forensic Specialist, Parking Enforcement Representative, and Community Services Officers who are assigned field duties and who are required to be present at crime scenes, etc., may request that the Department provide them with a bullet resistant vest.
B. New safety vests will be provided as department issued safety equipment on an as needed replacement basis per the suggested guidelines established by the manufacturer for those employees already possessing a vest. Once replaced by the City to a member, the safety vests must be worn at all times when the employee is assigned to the Field, or on another assignment where safety vests are typically worn.
C. Reimbursement will not exceed $520.00.
ARTICLE 32 Job Specifications
In the event the City changes the job specifications or job bulletins for any bargaining unit classification, the City agrees to meet and confer with the Union prior to implementation over any negotiable impact that such changes may have on wages, hours or other terms and conditions of employment for bargaining unit employees.
ARTICLE 33 Employee Lists
Upon request the City agrees to provide the Union with an employee list of bargaining unit employees. The list shall include each employee's name, job classification, department and mailing address.
45 ARTICLE 34 Labor-Management Committee
A. The parties agree to establish a labor-management committee to discuss issues which affect employees in the LIUNA bargaining unit.
B. At the written request of either party the committee shall convene and shall meet quarterly during regular working hours. The committee shall consist of up to three (3) Management representatives and up to three (3) Union representatives. 46 SIGNATURE PAGE
The parties hereto have caused their duly-authorized representatives to execute this MOD effective July 18, 2022
CITY OF PASADENA
Cynthia Kurtz, Interim City Manager
LABORERS' INTERNATIONAL UNION OF
NORTH AMERICA, LOCAL 777
-^ — —-
Jennifer Grondahl, Assistant Business
Manager
Tiffany Jacobs-Quinn, Acting Director of '<^/Monica Brown,~CKt^(er Board Member Human Resources
Jaime Arellano, Senior Human
Resources Analyst
Robin Evans, Chapter Board Member
Michael Paliwoda, Senior Human
Resources Analyst
Rachel Johnson, Chapter Board Member
Karen Peterson, Police Executive
Administrator
Jessie Moro, Chapter Board Member
Nicole Bernard, Chapter Board Member
Patricia Valencia, Chapter Board Member
Robin Corral, Chapter Board Member
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