MIDDLE MANAGEMENT
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
And
Teamsters, Local 1932
July 01, 2025, to June 30, 2028
2 TABLE OF CONTENTS
Article/Section Title ___ NO.
Definition of Terms ............................................................................................4 ARTICLE I Administration ............................................................................................. 6 Section 1 – Parties to MOU .............................................................................................. 6 Section 2 – Recognition ................................................................................................... 6 Section 3 – Management Rights ...................................................................................... 6 Section 4 – Employee Rights ........................................................................................... 7 Section 5 – Agency Personnel Rules ............................................................................... 7 Section 6 – Skelly Rights ……………................................................................................ 8 Section 7 – Probationary Period ……................................................................................ 9 Section 8 – Seniority ........................................................................................................ 9 Section 9 – Access to Personnel Records ...................................................................... 10 Section 10 – Bulletin Boards ............................................................................................ 10 Section 11 – Labor-Management Committee ................................................................... 10 Section 12 – Employee Stewards ..................................................................................... 11 ARTICLE II Employer-Employee Relations ................................................................. 11 Section 1 – Recognition/ Union Security ........................................................................ 11 Section 2 – No Strike/Work Disruption ………................................................................. 11 Section 3 – Payroll Deduction for Union Dues ................................................................ 12 Section 4 – Employee Lists ............................................................................................ 13 Section 5 – Employee Orientation/ New Employee Information ..................................... 13 Section 6 – Non-Discrimination …………………………………....................................... 13 Section 7 – Contract for Services ................................................................................... 13 Section 8 – Grievance Procedure .................................................................................. 14 Section 9 – Democrat Republican Independent Voter Education (D.R.I.V.E.).................16 ARTICLE III Compensation ………………….................................................................. 17 Section 1 – Salaries........................................................................................................ 17 Section 2 – Classification/Compensation Study ............................................................. 17 Section 3 – Retirement Benefits ..................................................................................... 17 Section 4 – Overtime ...................................................................................................... 18 Section 5 – Special Event Overtime ............................................................................... 20 Section 6 – Higher Acting Classification Pay .................................................................. 21 Section 7 – Call-Back/Standby Assignment and Pay ..................................................... 21 Section 8 – Shift Differential ………………….................................................................. 22 Section 9 – Personal Tool Replacement Allowance ………............................................ 22 Section 10 – Special Certification Pay .............................................................................. 23 Section 11 – Court Subpoena/Jury Duty .......................................................................... 24 Section 12 – Hazard Pay ……………................................................................................ 24 Section 13 – Longevity …………………............................................................................ 25 3 Section 14 – Wage Differential ......................................................................................... 25 ARTICLE IV Fringe Benefits …………………................................................................. 25 Section 1 – Health Benefits and Life Insurance ............................................................. 25 Section 2 – Retiree Medical …………………………………............................................ 27 Section 3 – Uniforms, Rain Gear & Safety Equipment .................................................... 27 Section 4 – Reimbursement for Professional and Job-Related Activities ....................... 28 ARTICLE V Leaves …………………............................................................................... 29 Section 1 – Vacation ...................................................................................................... 29 Section 2 – Holiday Leave.............................................................................................. 31 Section 3 – Sick Leave ………........................................................................................ 32 Section 4 – Payment of Sick Leave ................................................................................ 34 Section 5 – Election Leave ............................................................................................. 34 Section 6 – Witness Leave ............................................................................................. 35 Section 7 – Other Leaves …........................................................................................... 35 ARTICLE VI Working Conditions …………………......................................................... 35 Section 1 – Work Periods ……….................................................................................... 35 ARTICLE VII General Provisions …………………........................................................... 36 Section 1 – Full Understanding; Waiver ......................................................................... 36 Section 2 – Severability .................................................................................................. 37 Section 3 – Support of Agreement .................................................................................. 37 Section 4 – Term of Memorandum of Understanding ……….......................................... 37 Section 5 – Notice of Intent to Reopen ……………….……….......................................... 38 SIGNATURE PAGE ………………………………………….…………………………………. 39
INDEX ………………………………………….………………………………………………… 40
4 DEFINITION OF TERMS
Break in Service: Refers to a voluntary or involuntary separation from employment with the City or Department, as applicable. An authorized leave of absence does not constitute a break in service.
City: The City of San Bernardino.
Classification: Includes titles listed in the City's Salary Schedule that may be modified during the term of this MOU through the City's budgetary process and/or through reorganization or reclassifications
Day: For the purposes of sick leave and vacation leave, one (1) “day” shall be defined as the number of hours the employee is scheduled to work on that day as part of their regular work schedule.
Exclusions: Excluded from the Middle-Management Unit for purposes of representation are: Classification titles designated as management/confidential, general or safety positions established and created under federal contract and temporary, part-time provisional and probationary individuals.
Mandatory and
Permissive: “Shall” is mandatory; “may” is permissive.
Middle
Management
Unit: Includes titles listed in the City’s Salary Schedule. Additional titles in the Middle-Management Unit may be established by the Mayor and City Council. Also reference “Exclusions” above.
MOU: Memorandum of Understanding.
Probationary
Employee: An employee who has been appointed to a Regular, Full-time position but has not completed their probationary period and has not attained regular status in that position.
Regular Full-Time
Employee: An Employee who has been appointed to a Regular, Full-Time position and has completed their probation period.
Union: The exclusive bargaining representative for the Middle-Management Unit.
5 ARTICLE I
ADMINISTRATION
Section 1 – Parties to Memorandum of Understanding
This Memorandum of Understanding (MOU) is made and entered into by and between the City of San Bernardino (“City”) and Teamsters Local 1932 (“Union”) for the MIDDLE MANAGEMENT EMPLOYEES occupying the classifications listed in the salary schedule.
Section 2 – Recognition
The City hereby acknowledges that the Teamsters Local 1932 has been and is recognized by the City as the exclusive representative for the Middle Management Unit employees for purposes of meeting and conferring on wages, hours, and other terms and conditions of employment and for all other matters related to employer-employee relations for these purposes.
The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved; provided however, the representation rights of the Union as exclusive representative shall not be compromised thereby.
Section 3 – Management Rights
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the inherent and express rights, powers and authority which the City has prior to entering into this understanding, except to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its management rights, which include but are not limited to:
•The exclusive right to determine the mission of its constituent departments, commissions and boards;
•Set standards of selection for employment promotions;
•Direct its employees;
•Establish and enforce dress and grooming standards;
•Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
•Maintain the efficiency of governmental operations;
•Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
•Determine the content and intent of job classifications; •Determine methods of financing;
•Determine style and/or types of City-issued wearing apparel, equipment or 6 technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted; •Determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City;
•Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
•Establish and modify productivity and performance programs and standards; •Layoff, discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with the applicable law; •Establish employee performance standards including, but not limited to, quality and quantity standards; and,
•Take necessary actions and carry out its mission in emergencies, and to exercise complete control and discretion over its organization and the technology of performing its work.
The City shall be free to exercise its rights under this provision without negotiation or challenge from the Union or employees except where it can be demonstrated that such exercise is contrary to law or a specific limitation placed upon the City in another Article of this Agreement. The City’s failure to exercise any right, prerogative, or function reserved to it or the exercise of any such right, prerogative, or function reserved to it or the exercise of any such right, prerogative, or function in a particular manner, shall not be considered a waiver of the City’s ability to exercise such rights, prerogatives, or functions or preclude the City from exercising the same in some other manner.
Section 4 – Employee Rights
A. Employees of the City have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including but not limited to: wages, hours and other terms and conditions of employment. Employees of this City shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by employee organizations because of the exercise of these rights.
B. The City, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment.
Section 5 – Agency Personnel Rules
A. Purpose. It is understood and agreed that there exists within the City in written or 7 unwritten form, certain personnel rules, policies, practices and benefits generally contained in the applicable City of San Bernardino Municipal Code; The City of San Bernardino Uniform Personnel Rules and Policies, as amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations, as amended, which documents will continue in effect, except for provisions modified by the City Council in accordance with federal or state laws, orders, regulations, official instructions or policies.
B. Department Work Rules. During the term of this MOU, the City may adopt, change or modify work rules. Any such rules impacting wages, hours or other conditions of employment, the Union may request to meet and confer prior to implementation.
C. Personnel Rules. The City represents that in implementing Section 508 of the City of San Bernardino’s new Charter that became effective on January 31, 2017, the following provisions of the previous MOU between the City and the Union, dated July 1, 2006 to June 30, 2009, shall be included as part of the City’s uniform policies:
1. Education Reimbursement
2. Employee Assistance Program (EAP)
3. Catastrophic Leave
4. Injury Leave
5. Leave of Absence without Pay
6. Military Leave
7. Physical Examinations
8. Reasonable Suspicion Drug and Alcohol Testing
These sections will be included as part of the City’s uniform personnel policies and shall be made available to the Union and bargaining unit employees upon completion.
If a conflict arises between the Personnel Rules or the City’s Uniform Policies and the MOU, the MOU shall prevail.
The modification of the City’s Personnel Rules, department work rules and the City’s Uniform Policies may be subject to the meet and confer or meet and consult process to the extent a bargaining obligation exists under applicable law.
Section 6 – Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of progressive discipline for minor offenses. Discipline shall be imposed upon an employee only for just cause.
If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. 8 When an action for suspension or termination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefore, and will be provided with a copy of the charges including material on which the action was based. Employees have the right to Association representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown Act).
A. The employee shall receive reasonable advance notice of the proposed disciplinary action per the City’s Personnel Rules.
B. The notice shall contain the reasons, charges, and statement of the events or circumstances upon which the proposed action is based.
C. The employee shall be given the materials, if any, upon which the action is based.
D. The employee shall have the right to respond either orally or in writing within five (5) working days of receipt of Skelly package to the appointing authority (Department Head/Division Head) imposing the discipline.
The disciplinary procedure should be used for all serious disciplinary actions, which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4) suspensions.
Section 7 – Probationary Period
The probationary period for newly hired and promoted employees into positions in this unit shall be 2080 paid hours from the date of hire. “Paid hours” shall include hours actually worked (excluding overtime) and paid leaves such as vacation, holiday, sick leave and compensatory time but shall not include time spent on any leave of absence, including workers’ compensation leave, modified/light duty and military leave.
In addition, the probationary period of new hires may be extended at the discretion of the Department Head for a period not to exceed 1040 hours.
Section 8 – Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift assignments and transfers. Seniority shall prevail when all other factors are not significantly different. "All other factors" is defined as special qualifications, skills, work performance, as well as attendance and safety. An employee shall not attain seniority until the completion of a probationary period, upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event of layoffs, due to lack of work or funds that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless they possess special qualifications or whose loss of skills would adversely affect the public welfare or has superior work performance that can be documented. An employee shall be given at least thirty (30) days notice prior to layoff.
9 Section 9 – Access to Personnel Records
The City's Human Resources Department shall keep and maintain an official personnel file for each employee. Personnel files are confidential.
Employees or their authorized representatives shall have the right, upon request, to review the contents of their official personnel files. Such review may be made during normal working hours with no loss of pay for time spent, and the employee may be accompanied by their authorized representative, if they wish. Employees desiring to review such records shall make their requests in writing through the Department Head to the Human Resources Department, if it is on City time. All such requests shall be honored by the City within three (3) working days of such requests by the employee or authorized representative's request to review as provided above.
Letters of reference and other matters exempted by law shall be excluded from the right of inspection by the employee.
Section 10 – Bulletin Boards
The City will provide adequate space on bulletin boards in each department/division for the purpose of the Union posting notice of pertinent Union business. The Union agrees that nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the event that there is a dispute arising out of the pertinence of any literature the Union chooses to post, the Human Resources Director or designated representative and a Union representative will meet as soon as possible to resolve the problem.
Section 11 – Labor-Management Committee
The Labor-Management Committee shall be established for the purpose of discussing common problems that are not addressed in other existing procedures. In addition, the purpose of the meeting will be to listen to and correct the employee’s safety concerns as it relates to City Policy, OSHA, the MOU, and any other safety regulatory body. The Union and the City shall each designate up to three (3) representatives to serve on the Committee from different departments. The Committee will select a chairperson who will be responsible for receiving items, establishing agendas and informing participants of the time and place of meetings. The Committee shall normally meet at least quarterly or may meet more often if necessary at a mutually agreed upon time and place. Either the City or the Union may request a meeting with the Labor-Management Committee to review issues. Upon request, the other party agrees to meet in an attempt to clarify and resolve the issues. The Union will provide a list of the Committee members to the Director of Human Resources each January and July.
Guests and/or speakers will be allowed to attend based on advance notice to the City and mutual agreement.
10 Section 12 – Employee Stewards
Teamsters local 1932 may designate no more than four (4) stewards from any Unit.
Employees designated or assigned to a committee will be allowed reasonable release time to contact Teamsters, Local 1932 Business Representatives and participate in required committee meetings. Union stewards shall not receive any additional time or compensation for the designation. Union stewards may represent Middle Management employees in disciplinary action meetings, as required by law, including investigation interviews.
Teamsters Local 1932 shall provide the City an initial list of stewards and thereafter upon request by the City. The position of steward shall not interfere with the daily operations of the City.
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1 – Recognition/ Union Security
The City hereby acknowledges that the Teamsters Local 1932 has been and is recognized by the City as the exclusive representative for the Middle Management Unit employees for purposes of meeting and conferring on wages, hours, and other terms and conditions of employment and for all other matters related to employer-employee relations for these purposes.
The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved such as grievances and disciplinary matters; provided however, the representation rights of the Union as exclusive representative shall not be compromised thereby.
Section 2 – No Strike/ Work Disruption
It is the purpose of this MOU for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City of San Bernardino and the employees of the City. It is recognized that adequate dispute resolution procedures exist to resolve differences and that any work disruptions are unproductive to City operations and services provided to its citizens. The Union and the City agree that they shall at no time in any way jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Union and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and its members, individually or collectively, support or sanction or engage in any curtailment or restriction of work. Should any curtailment or 11 restriction of work take place, paid leave benefits (sick leave, vacation, etc.) will not be available during such periods of time. The parties shall endeavor to discourage any such work disruptions or curtailment and shall make affirmative efforts to return employees to their jobs in the event that any such work disruption occurs.
Section 3 – Payroll Deduction for Union Dues
The Union shall have the sole and exclusive right to have membership dues, insurance and premiums for plans sponsored by the Union to be deducted by the City from each employee's payroll check upon appropriate written authorization from such employee. Teamsters certifies it shall maintain authorizations for all Teamsters members.
The City shall not be liable to the Union, employees or any other persons by reason of the requirements of this Article for the remittance of any sum other than that constituting actual deductions made from the employee's earned wages. The Union shall hold the City harmless for any and all claims, demands, suits, orders, judgments, or other forms of liability that may arise out of or by reason of action taken by the City under this Article.
In addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of supporting evidence including also the reasonable costs and attorneys' fees incurred by the City in defending against any such claims, demands, orders, judgements, or other forms of liability.
Dues deductions shall be in an amount according to the Bylaws of Teamsters Local 1932 for each member. Any change in the amount of dues deducted shall be by written authorization from the Union with 30 days' notice to the City Finance Department of any change in the amount of dues to be deducted.
Indemnification. The Union acknowledges that it has, and will continue to, comply with all applicable requirements, regulations, and provisions of law pertaining to dues deductions. It is agreed that the City assumes no obligation or liability, financial or other arising out of the provisions of this Article.
The Teamsters shall indemnify, defend and hold the City harmless from any claims made and suits instituted against the City in regard to the application of this Article. The Teamsters’ indemnity and liability obligation is more fully set forth as follows: (1) Teamsters Local 1932 shall defend, indemnify and hold harmless the City of San Bernardino and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. Upon commencement of such legal action, administrative proceeding, or claim, City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform Teamsters of such action, provide Teamsters Local 1932 with all information, documents, and assistance necessary for the Teamsters Local 1932 defense or settlement of such action and fully cooperate with Teamsters Local 1932 in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by Teamsters Local 1932. Teamsters Local 1932 upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. Teamsters Local 1932, upon final 12 order and judgment of a Court of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order and judgment.
Section 4 – Employee Lists
The City agrees to provide to the Union as requested, a list of names and other information as required by law of Middle Management employees covered by this MOU.
Section 5 – Employee Orientation/ New Employee Information "New employee orientation" means the onboarding process of a newly hired public employee, whether in person, online, or through other means and mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matters.
The City shall provide the Union mandatory access to its new employee orientations. The exclusive representative shall receive not less than ten (10) calendar days' notice in advance of an orientation, except that shorter notice may be provided in a specific instance where there is an urgent need critical to the City's operations that was not reasonably foreseeable.
At all new employee orientations, Union representatives shall be allowed up to thirty (30) minutes exclusive time with bargaining unit employees to explain the coverage of this Agreement, obligations and benefits of Union membership, and to provide all other pertinent information to the employees regarding the Union. Such time may be scheduled in a meeting room or other space provided by the City.
In the event the City does not conduct an in-person new employee orientation, the Union shall have thirty (30) minutes to meet with new bargaining unit employees at their worksite, within fifteen (15) days of their start date, to share information. The Union Representative shall be afforded release time for the meetings described herein.
Section 6 – Non-Discrimination
Neither the City nor the Union shall unlawfully discriminate against any employee because of race, color, ancestry, sex, sexual orientation, age, physical or mental disability, medical condition, national origin, political affiliation, religion, or any other basis as required by federal, state, or local law.
Section 7 – Contract for Services
It is not the intent of the City to contract out work for the sole purpose of causing employees to lose their jobs. If a decision is made by the City to contract work not now contracted, and that decision will result in change in the work conditions or status of employees in the unit, the City agrees to meet and confer in good faith with the Union prior to making a final recommendation to the City Council.
13 Section 8 – Grievance Procedure
Definition of Employee Grievance: A grievance is an alleged violation of the terms of the MOU or of the application of any laws, ordinances, resolutions concerning or affecting wages, hours or other conditions of employment except as excluded in the following paragraph.
Minor discipline that is not subject to appeal to the Personnel Commission may be filed under this grievance procedure. This procedure is not intended to be used to effect changes in the terms of this MOU or those matters not covered by this MOU.
Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer/Human Resources Director. The Equal Employment Officer/Director of Human Resources may recommend that the matter be brought as a formal grievance.
Alleged violations of the Employer-Employee Relations Ordinance shall be processed through the procedure contained therein. Disciplinary appeals involving a loss of pay pursuant to the Personnel Rules (e.g. suspension, demotion, termination) shall be filed with the Personnel Commission.
There shall be no parallel appeals on the same issue. As such, the filing of a lawsuit or an action with any administrative agency shall automatically terminate the grievance process.
As used in this procedure, the term "immediate supervisor" means the lowest level of supervisor not within the bargaining unit. The procedure provides a mechanism for settling the grievance informally with the "immediate supervisor," up to and including the Division Head.
If this proves unsatisfactory, the grievance may be formally presented to the Department Head or designee, the Director of Human Resources, and finally to the City Manager who will be the ultimate authority.
The aggrieved employee shall have the right to be represented, if they desire, by the designated Union representative.
Working Day: As used in this section, "working day"' shall refer to the employee’s working day or to the working day of the other party involved (supervisor, Division Head, Department Head, Director of Human Resources, City Manager and/or their designees), depending upon whose response or action is pending.
Procedural Steps for Handling Grievances:
A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and a supervisor in the employee's chain of command, up to and including the Division Head. Oral presentation of the grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance or of the grievant’ s knowledge of the incident’s occurrence.
The date and the subject of the incident should be provided with the request for the informal meeting. Within ten (10) working days of the presentation of the grievance, the supervisor shall provide an oral response to the employee. The supervisor will document (for record purposes) their response to the employee in the event the 14 grievance proceeds to the Formal level.
When the matter complained of originated at the Department Head level, the initial grievance shall be filed at directly with the Department Head. If the grievance alleges a violation of law, a City uniform policy, ordinance, or resolution, the grievance shall be filed with the Human Resources Director.
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the Union or employee involved, the grievance shall be submitted in writing by the employee or their designated representative to the Department Head or their designee within ten (10) working days from the date of the oral response. The written grievance shall include the date of the incident, a description of the alleged facts, witnesses, and the provision alleged to have been violated. The Department Head or their designee shall meet with the employee and/or their designated representative within the next ten (10) working days of receipt of the written grievance and shall deliver their answer in writing to the employee within ten (10) working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within ten (10) working days from the date of delivery of said answer. The Director of Human Resources or their designee shall meet with the employee, and if the employee desires, the designated Association representative, within ten (10) working days after receipt of the appeal, shall deliver their answer in writing to the employee within ten (10) working days after the meeting. If the grievance alleges a violation of the application of law, a City Uniform Policy, ordinance, or resolution, the grievance shall be initially filed with the Human Resources Director.
3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or their designated representative within ten (10) working days from the date of delivery of said answer stating the facts and basis for the complaint and the desired remedy. If the union desires, it may then submit the matter to a neutral hearing officer selected by the parties from a list provided by the State Mediation and Conciliation Service whose decision shall be advisory to the City Manager. Grievances shall only be advanced to advisory arbitration with the agreement of the Union.
The cost for hearing all grievances advanced to an advisory arbitration hearing shall be split equally between the City and Union, including any cancellation fee if both parties are mutually responsible; otherwise the party responsible for the cancellation shall pay the entire cancellation fee. The City Manager or his/her designated representative shall deliver their answer in writing within fifteen (15) calendar days after receipt of the hearing officer’s advisory decision. The decision of the City Manager or their 15 designated representative is final and binding on all parties, unless reversed by a court decision.
A Court may only reverse the decision of the City Manager if such decision of the City Manager was determined by the Court to be demonstrably contrary to law or arbitrary and capricious.
All grievances shall be treated as confidential during their pendency, including any appeal, and no publicity shall be given the final resolution of the grievance if it is not subject to disclosure under applicable law.
C. Time Limits: Any formal grievance not answered by the City within the specified time limit listed above shall be deemed settled on the basis of the Union’s original demand (i.e. make whole remedy) unless there are extenuating circumstances or the investigation is continuing. Grievances settled by default shall not establish a precedent as to the interpretation of the disputed language. Likewise, any specified adjustment not appealed by the employee or their designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Timelines as above may be extended by mutual agreement only.
D. Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed as long as the grievances are from employees within a single department or work unit within the department. The City also has the right to consolidate responses to such grievances. If the grievant is a group of three (3) or more employees within a department, the group shall appoint one (1) or two (2) employees who signed the grievance to speak for the collective group throughout the grievance process.
Section 9 – Democrat Republican Independent Voter Education (D.R.I.V.E.) The City agrees to deduct from the paycheck of all employees covered by this agreement, voluntary contributions to D.R.I.V.E. Teamsters Local 1932 shall notify the City of the amounts designated by each contributing employee that are to be deducted from their paycheck on a weekly basis for all weeks worked. The phrase "weeks worked" excludes any work week other than a week in which the employee earned a wage. The City shall transmit D.R.I.V.E National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee's social security number, and the amount deducted from the employee's paycheck.
The International Brotherhood of Teamsters shall reimburse the City annually for the City's actual cost for the expense incurred in administering the weekly payroll deduction plan.
ARTICLE III
COMPENSATION
16 Section 1 – Salaries
Effective the first full pay period following July 1, 2025, the salary ranges for all unit members shall be increased by three percent (3%) to reflect a cost-of-living adjustment (COLA).
Effective the first full pay period following January 1, 2026, the salary ranges for all unit members shall be increased by two percent (2%).
Effective the first full pay period following July 1, 2026, the salary ranges for all unit members shall be increased by one and twenty-five hundredths percent (1.25%).
Effective the first full pay period following January 1, 2027 the salary ranges for all unit members shall be increased by one and twenty-five hundredths percent (1.25%).
Section 2 – Classification/Compensation Study
The parties agree to an economic reopener commencing in or about April/ May, 2027. The purpose of this reopener is to discuss the classification and compensation study (“Study”) the City is currently conducting and expected to be completed before the start of the 2027-28 fiscal year. Any salary equity adjustments to individual classifications will be considered alongside any across-the-board salary adjustments and other increases in compensation, taking into account such factors as the total cost of bargaining unit compensation, market competitiveness, recruitment/retention, and the availability of financial resources. Annual salary adjustments will be contingent upon available funding and evaluated within the City’s long-term financial plan.
If the City fails to allocate any funds to address pay equity issues, then a three percent (3%) across-the-board increase will go into effect at the beginning of the first full pay period following July 1, 2027. However, if funds are allocated by the City to address pay equity, the parties will negotiate pay equity and/or other economic items and there shall be no automatic or guaranteed across-the-board increase.
It is expressly agreed that the parties may extend the MOU by mutual agreement during this economic reopener.
Section 3 – Retirement Benefits
Union members are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as follows:
Tier I: Employees hired on or before October 3, 2011 shall receive a 2.7% @ 55 retirement benefit;
Tier II: CalPERS "Classic Members" hired on or after October 4, 2011 shall receive a 2% @ 55 retirement benefit;
17 Tier Ill: Cal PERS "New Members" hired on or after January 1, 2013 shall receive a 2% @ 62 retirement benefit in accordance with the Public Employees' Pension Reform Act of 2013 (PEPRA).
Employee Share - Effective 2/1/2013, all Tier I and Tier II employees shall pay the employee's share of the retirement contribution, either 8% for the 2. 7@ 55 formula or 7% for the 2%@ 55 formula. Effective 1/1/2013, Tier Ill employees shall pay the employee contribution required by the PEPRA, calculated at 50% of the normal cost.
Employer Share - Effective 2/1/2013, all employees shall contribute 9.304% (either 1.304% or 2.304% depending whether the employee rate is 8% or 7%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.
The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit.
For Tier I and II employees, the final compensation retirement calculation shall be based upon their single highest year of compensation earnable as provided under Section 20042 of the California Government Code. The compensation earnable period for Tier III PEPRA employees will be three years.
The City and the Union acknowledge that the PEPRA laws and regulations shall govern a determination of whether employees are hired as "new members" or "classic or legacy" members.
Section 4 – Overtime
The following three paragraphs (Administrative Leave, Emergency Operations Center and Fluctuating Schedules) apply to all unit employees with the exception of classifications covered under the federal Fair Labor Standards Act (FLSA):
A. Administrative Leave:
1. Unit employees will receive forty (40) hours of administrative leave on July 1 of each year this MOU is in effect. Unused Administrative Leave may not be carried forward from year to year and shall not be paid for at any time except as provided in "A.2" below, employees receiving Administrative Leave shall not earn any additional time off or other compensation for overtime work, except as described below.
2. Additional administrative leave may be granted up to a maximum of twenty (20) hours by a request in writing, including justification, recommended by the employee's department head, and approved by the City Manager (or the Elected Official in nonmanager directed departments) each fiscal year.
At the discretion of the City Manager, upon request by the employee's department head, prior to the close of the fiscal year, a maximum of twenty 18 (20) hours may be carried over to the following fiscal years. Administrative Leave has no cash value and shall not be paid out at any time.
3. Employees who are hired into this unit after July 1 of the fiscal year shall receive a prorated number of administrative leave hours based on their hire date. For example, a new employee hired on January 1 of that fiscal year shall receive forty (20) hours of administrative leave.
B. Emergency Operations Center (EOC): The City will pay straight time overtime to unit members assigned to work beyond their regular shifts, when the City's Emergency Operations Center (EOC) is open, when such assignments result from a federal or state- declared disaster declaration and when the overtime worked is expected to be reimbursed to the City by federal, state and/or other funding sources.
C. Fluctuating Schedule: In the event that Unit members must work beyond their regular shift or must work on a regularly scheduled day off to provide support for prescheduled special events, the Department Head or designee has the discretion to implement a fluctuating schedule, whereby the employees will work on the prescheduled special event, in exchange for equivalent time off during the same pay period. Each Department head shall consider any request of an employee as to preference for taking the equivalent time off.
D. FLSA: Article Ill, Section 6 A, shall not apply to the following positions that are eligible to receive overtime under the Fair Labor Standards Act (FLSA):
Dispatcher Supervisor; Traffic Signals & Lighting Supervisor; Police Records Supervisors; Athletic Field Maintenance Specialist; Parks Maintenance Supervisor; Associate Engineer/Traffic; Construction Manager; Maintenance Supervisor/Streets Operation & Maintenance; Maintenance Supervisor/Right of Way Crew; Forensics Supervisor.
E. Only hours actually worked shall be counted for purposes of calculating eligibility for overtime compensation, as appropriate. Approved witness leave and jury duty, as set forth in the MOU will be counted as actual hours worked.
F. Classifications covered by the FLSA shall have the option to participate in a compensatory time bank.
G. Compensatory Time Bank: When an employee works overtime, they shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will either be paid for the overtime worked, or the number of overtime hours worked will be placed in a compensatory time bank based on the employee's request. The Finance Department (Payroll) will track the compensatory time accrued and used and the compensatory time balance will 19 appear on the employee's paycheck. Department Head approval will be required in order for employees to use time from the compensatory time bank.
H. Once an employee's compensatory time bank reaches eighty (80) hours, the employee will be paid for all subsequent overtime worked. By the end of each calendar year, an employee's compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory time bank in excess of forty (40) hours as of January 1 of each year will be paid at the employee's regular rate of pay and will be included on the second paycheck in March.
I. If the employee terminates employment or if the employee is promoted to another position in the City, the compensatory time bank will be paid off at the then current rate of pay.
At no time can an employees receive both overtime and administrative leave.
Section 5 – Special Event Overtime
Employees who work special events where the City has contracts with third parties to provide services and where the third parties pay for the cost of such labor services shall be entitled to be paid an overtime rate of two times the member's regular rate of pay provided the third party agrees. Such costs may include costs associated with workers' compensation coverage, Medicare, CalPERS contributions and other expenses required by the Teamsters Memorandum of Understanding. The City and the Teamsters acknowledge that under no circumstance shall this provision result in any additional cost to the City.
To be eligible for double time for work performed under such third-party contracts, the third party must agree in writing to indemnify the City against all liabilities and injuries incurred solely from the event, event management, or as a result of actions of event staff.
Special Event shall mean any short-term event of less than 30 days where the services provided are outside of the normal scope of duties of the Union members as to providing routine services to the City of San Bernardino. Special Events shall not include long-term contracts with third parties to provide services for more than 30 days. Special Events shall not include contracts with third parties who are non-profit organizations.
Double time shall mean an increase in pay equal to two times the current regular rate of pay for the individual member assigned to the special event.
Section 6 – Higher Acting Classification Pay
A Middle Management employee who is assigned acting (complete) responsibility in the absence of their superior by the Department Head and approved by the City Manager shall be paid for same as follows:
20 The rate of pay shall be a step on the range of the higher position, which allows the "acting" employee at least a five percent (5%) increase. The employee shall be paid from the first day of such assignment. To be eligible for acting pay, unit members shall: 1) perform the full range and majority of the duties in a higher-level classification that is unfilled or vacant due to resignation, termination, promotion, an extended leave of absence, or other emergency circumstances; 2) not perform any of the duties of their own job classification while working in the higher level classification; 3) perform the full range and majority of the higher classification duties for a full working day based upon the unit member's work schedule; and, 4) perform the higher classification duties for a minimum of ten (10) cumulative work days.
As a further condition of receiving the higher-level acting pay, the Department designee must complete required Personnel Action Forms (PAFs) and the Department Head and City Manager must approve the request.
Section 7 – Call-Back/Standby Assignment and Pay
For purposes of this section, the term on-call means that the unit member must be available for contact by telephone, and/or radio and be able to report to and work within thirty (30) minutes after notification. A Department Head may assign any unit member to serve on-call in accordance with the needs of the department provided the following conditions are met: 1) all assigned employees shall receive overtime pay if called into work regardless of their exempt or nonexempt status; 2) the employee is not on authorized vacation or sick leave; 3) volunteers for on-call will be considered before assigning other employees.
An on-call period will commence on the end of the working day on Thursday and will continue through the end of the working day of the following Thursday. Unit members designated by the Department Head to be on-call will be compensated for seven (7) hours at their regular hourly rate for each on-call period of duty. A unit member may elect to take time off at their regular hourly rate of pay in lieu of payment. If the unit member elects to take time off rather than to be paid, they must schedule the time off within the following pay period and the proposed time off schedule must be approved by the unit member's supervisor. When a unit member is required to physically respond to a call, they will be compensated at one and one half times threir regularly hourly rate commencing from the time that the call was received and ending at the time of return to their place of residence, but in no instance shall the unit member receive less than two (2) hours for the call out. A unit member who fails to respond to a call or is unable to report to work while assigned on-call duty may be subject to disciplinary action.
There shall be no pyramiding of call back pay (multiple payments of call back) if an employee has not left the workplace when a subsequent call for service is made. In such instances, the employee shall continue to receive the appropriate rate of pay.
Section 8 – Shift Differential
21 All employees assigned to shift work, within the bargaining unit assigned to the communications division, shall receive the following pay differential, in addition to their regular base rate of pay for actual "shift work" designated as either the "swing" or graveyard" shift.
A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 12 midnight, respectively) shall receive $85 per month extra for all hours actually worked during such assignment; or,
B. An employee assigned to the graveyard shift (normal start and ending time of 12 midnight to 8:00 a.m., respectively) shall receive $120 per month extra for all hours actually worked during such assignment.
C. Any employee who is permanently assigned to the swing or graveyard shift will receive the additional monthly pay. The additional pay will only begin and end on the 1st and the 15th of the month. Whenever permanent swing or graveyard shift employees work overtime on another shift, their hourly pay will include the additional monthly pay.
D. Any non-swing/graveyard shift employees who work overtime in a swing or graveyard shift will only be paid at the regular rate of pay (no additional differential pay).
E. The Departments, by memo, will inform Payroll which employees are permanently assigned to swing and graveyard shifts and should receive the additional monthly pay.
Permanent is defined as being assigned for 30 calendar days or more.
Section 9 – Personal Tool Replacement Allowance
The City shall provide a tool replacement allowance for damaged, lost or stolen personal tools in an amount not to exceed $500.00 per year, per employee.
Claims against the above tool replacement allowance shall be honored provided when: 1) the personal tools had been required by the City; (2) the tool had been marked and inventoried by the employee; (3) a report of such inventory had been filed with the Department Head; and, (4) said tools had been properly maintained and reasonable care has been taken by the employee to protect from loss or theft. Tools stolen or damaged through no fault of the employee will be replaced by the employee and reimbursement thereof will be made by the City after submission of an appropriate City form accompanied by an approved invoice or receipt. Requests shall be submitted semiannually, in June and December, or upon termination of the employee from City service for any reason. Damaged tools, which are replaced through reimbursement by the City as above, shall be turned into the Department Head and shall become the property of the City.
During the term of this MOU, all new employees to the City hired as Supervising Equipment mechanics, who may be required by their Department Head to purchase personal metric 22 tools in order to effectively accomplish work assignments, shall be eligible to receive a one- time tool purchase allowance not to exceed $500.00 to assist in making such purchase.
Employees seeking reimbursement under this Section will provide receipts and backup information and will submit requests on forms provided by the City.
Section 10 – Special Certification Pay
Employees in the following classifications:
A. Senior Code Enforcement Officers; Equipment Maintenance Supervisors; Forensic Specialist Ill; Parks Maintenance Supervisor; and Library Network Administrator shall receive, in addition to their regular compensation, $50 a month payment ($25 paid each pay period) for obtaining and maintaining any of the following certifications:
ICBO or AACE Certificate
ASE designation of Master Certified Mechanic
Certified Pesticide Applicators Permit/License
Certified Playground Safety Inspector
IAI - Certified Latent Print Examiner
IAI - Certified Crime Scene Investigator
Professional Land Surveyor's License
VMware Certificate
Firewall Certificate
It shall be the responsibility of the department and the employee to provide Payroll with a copy of their certifications and or renewal. Certificate pay is limited to $50 per month per eligible employee.
Effective the first full pay period following July 1, 2026, the following certificates will be added to the list of eligible special certification pay where such certification is relevant, but not required for the classification:
Peace Officer Standard and Training (POST) Dispatch Supervisor Certificate IMSA Traffic Signal Technician III (Only the Traffic Signal Technician I (Flex) and Traffic Signal Technician II are eligible)
ISA Certified Arborist
Section 11 – Court Subpoena/Jury Duty
A. All City employees appearing in court on their day off for a work-related court subpoena will receive compensation for the actual time spent in court, with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel time for going to court. Employees will be reimbursed for all parking fees associated with the court appearance.
B. In the event an employee is placed on standby on their day off for a work-related court subpoena, the employee will receive three (3) hours standby pay for each day on a 23 standby status.
C. For morning standby subpoenas where employees are called to court and do not go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon recess, the actual additional time along with one-half (1/2) hour of travel time will be added to the three (3) hours standby. In cases where the subpoena is for 1 :30 p.m. or another time, the standby will start with the time stated on the subpoena.
D. All court-related compensation will be paid as time worked and at the appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any prior time actually worked pursuant to such subpoena.
Section 12 – Hazard Pay
A. Unit employees permanently assigned to the encampment cleanup crew in the Public Works Department and hold one of the below positions, will be paid an additional $200 per week ($400 bi-weekly) in addition to their regular pay.
Classification Authorized Staffing Level
Maintenance Supervisor 2
B. Unit employees who are permanently assigned to the encampment cleanup crew will receive additional bi-weekly pay. The additional pay will not be prorated. Whenever permanent cleanup crew employees work overtime on another shift, their hourly pay will include the additional bi-weekly pay.
C. Any non-permanent cleanup crew employees who work overtime on a cleanup crew shift, will only be paid at their regular rate of pay (no additional hazard pay).
D. The Department, by memo, will inform Payroll which employees are permanently assigned to the encampment cleanup crew and should receive the additional bi- weekly pay. In addition, the Department will inform, by memo, Payroll when removing an employee from the assignment. Permanent is defined as working fourteen (14) days or more.
E. Hazard pay, for employees assigned to the encampment cleanup crew, is not considered CalPERS reportable income.
Section 13 – Longevity
24 Effective the first full pay period following July 1, 2026, employees, who have reached the following full-time continuous years of service with the City shall be eligible to receive longevity pay, paid out to the employee on a biweekly basis as follows:
Years of Completed
Continuous Service with City Annual Amount
15 $1,200
20 $1,500
25+ $1,800
Annual longevity payments shall be compensation earnable as determined by CALPERS in accordance with applicable law.
Section 14 – Wage Differential
All Mid-Managers shall receive payment at the step in the salary range which is not less than five percent (5%) above their highest paid subordinate.
ARTICLE IV
FRINGE BENEFITS
Section 1 – Health Benefits and Life Insurance
A. Effective the first pay period following July 1, 2025, the City will contribute $755.00 per month toward health premiums for Employee Only, $1,450.00 per month toward employee health premiums for Employee Plus One, and $1,939 per month toward employee health premiums for Employee Plus Family. For the term of this agreement only, health contributions shall be benchmarked at the lowest cost plan (currently Kaiser) each year.
The amount of the City's contribution is based on the selection of the "medical" enrollment category. If an employee elects "employee only" medical coverage, then the "employee only" allowance is provided to the employee. Any contribution not utilized by the employee shall revert to the City.
B. Insurance benefits available for purchase by employees include: medical, dental, vision, and supplemental life and accidental death and dismemberment insurance.
Unless otherwise specified, City contributions cannot be used for any voluntary benefits offered to unit members.
C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above.
25 D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B.
E. Cafeteria monies may be redesigned or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee.
F. The City shall provide each employee with $10,000 basic life insurance and $25,000 Accidental Death and Dismemberment (AD&D).
G. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute a "Waiver of Benefits and Release Agreement" releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City's health care insurance may receive a stipend as shall be determined by the City on an annual basis. The parties acknowledge for the term of this MOU, health care stipends in an amount of $4,000 will be paid to those employees who elect to waive the City's health care insurance will be paid in December of the Plan Year.
Employees must be employed through the end of the last payroll period in November to qualify for this benefit. Unless hired during the benefit year, employees must participate in the program for the full 12 months to receive the full stipend. Employees on payroll on November 30th who were hired during the benefit year and did not work the entire 12-month period shall earn the stipend on a pro-rata basis. Employees who waived insurance benefits during Open Enrollment, but later requested to enroll in benefits prior to November 30th, will not be eligible for any portion of the stipend.
Employees who elect to drop coverage mid-year are not eligible to participate in the stipend program. Employees participating in this option are required to waive all medical, dental, vision, supplemental life and supplemental AD&D coverages provided by the City. Health Care stipends are not considered compensation for purposes of CalPERS retirement calculations and are subject to federal and state withholding taxes.
H. The Union agrees to participate in the City's Joint Labor-Management Health Benefits Committee ("Committee") to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. During the term of this MOU, City reserves the right, and the Union agrees, to reopen this MOU on providers and/or any provision in this Section.
I. All full-time, regular employees will be covered under the City's Long Term Disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan premiums for full-time, regular employees during the length of this MOU.
J. All full-time, regular employees will be covered under the City's Short Term Disability (STD) insurance plan.
K. Employees must be in a paid status for fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable State or Federal law. Members who have been suspended or 26 discharged pending an administrative appeal shall be eligible for continuation of benefits pending final disposition of the disciplinary matter by the City's Personnel Commission.
L. The City agrees to meet and confer in the event that the Union can offer a comparative medical benefit plan, available to all City employees without any additional costs to the City, without any commitment on acceptance of such plan.
Section 2 – Retiree Medical
City is agreeable to working with Teamsters, Local 1932 to permit employee participation in Teamsters’ retiree healthcare trust, subject to (1) approval or ratification by unit members and approval by City Council, (2) review of trust documents and other provisions by the City Attorney to ensure that the City has no liability (financial or otherwise), including GASB, (3) compliance by Teamsters and the Trust with all applicable laws, and (4) an understanding that funding of the Trust shall be solely by employees and the City carries no obligation other than to deduct contributions.
It is anticipated that this provision will go into effect no earlier than the second year of this MOU. The parties shall meet and confer and finalize mutually agreeable language prior to implementation of this provision.
Section 3 – Uniforms, Rain Gear & Safety Equipment
If an employee is required to wear uniforms or any type of safety or protective devices as a condition of employment, such uniforms or protective devices shall be furnished to the employee at no cost to the employee.
The City reserves the right to determine the manner in which the work uniforms and protective devices are provided, to select the uniform rental service (as applicable) and to select the style and color of the uniforms/protective devices.
Section 4 – Reimbursement for Professional and Job-Related Activities A. Purpose.
1. To encourage unit members to attend job-related courses, programs, training, conferences, classes, and memberships in professional organizations that will better enable them to perform their present duties and prepare them for increased responsibilities.
2. To provide financial assistance to eligible employees for job related training and professional development.
3. To establish eligibility requirements, conditions, and procedures whereby such assistance may be provided.
27 B. Eligibility.
1. Applications for reimbursement will be considered only from unit members/ employees who have completed five (5) years of service with the City.
2. Applications will be approved only for courses, conferences, and memberships directly related to the employees' job or directly related to a promotional position in the employee's occupational specialty.
3. Any reimbursement under this Section must be preapproved in accordance with the procedures set forth below. In order to be eligible for reimbursement under this Section, employees must complete appropriate documentation on forms provided by the Finance Department.
C. Reimbursement Procedures. The City will reimburse bargaining unit members for job- related courses, programs, training, conferences, classes, and memberships in professional organization as follows:
1. Employees with 5-10 years of service: Up to $500.00/year
2. Employees with 11-15 years of service: Up to $1,000.00/year
3. Employees with 16 or more years of service: Up to $1,500.00/year Reimbursement under this Section is dependent upon available Departmental funds that have been budgeted for each fiscal year.
D. Procedures. To qualify for reimbursement under this Section, employees shall comply with the procedures set forth below:
1. An employee who desires to seek reimbursement must complete the appropriate forms as provided by the Finance Department and submit the documentation to their Department Head for advanced approval.
2. The Department Head will recommend approval or disapproval based upon job relatedness and available budget funds and will forward the request to the Finance Department if the request has been approved.
ARTICLE V
LEAVES
Section 1 – Vacation
28 A. All employees covered by this MOU shall be entitled to paid vacations as follows:
Completed Years of
Continuous Service
Rate of Accrual Per
Pay Period
Equivalent Hours
Per Year
1 Year** 3.0769 hours 80 hours
5 Years 4.6153hours 120 hours
15 Years 6.1538 hours 160 hours
20 Years 7.6923 hours 200 hours
*Service year begins on initial date of employment in a full-time regular status. ** No vacation granted or accrued if service is less than 1,040 paid hours.
B. The amount of accrual shall not exceed the specified number of hours granted each year.
C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation.
D. Except as provided herein, vacation time shall not accumulate or be allowable or payable beyond the calendar year when due. Vacation credits may be accrued and accumulated up to a maximum of two (2) years total accumulated vacation credits, upon approval of the Department Head. Vacations or portions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normally elapse between the expiration of one (1) year's vacation and the commencement of the next year's vacation.
Request to utilize accrued vacation shall be submitted in writing on City approved forms to the department head. Department Heads shall respond to vacation requests submitted on City approved forms within five (5) workdays. Department Heads shall not unreasonably delay responses to the employee vacation requests. Nothing in this article shall be construed to prevent a response to the employee's request before the expiration of the five (5) workdays.
The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except with the Department Head, with the approval of the Mayor, determines that an emergency or other valid factors prevent the employee from utilizing their vacation during the calendar year when due. 29 Should this occur, the employees’ vacation should be rescheduled at the very earliest mutually acceptable date. Vacation requests will not be unreasonably denied.
E. Upon termination, payment for unearned, but unused vacation, or deduction for used, but unearned vacation, shall be made on the basis of the hourly rate of pay being received by the employee on the date of separation.
F. When an employee returns to work after a break in continuous service, and when such break in continuous service shall have been by leave of absence with the approval of the Mayor and City Council, vacation time shall not accrue during a break in continuous service, but shall accrue from the date of return to service from such approved leave of absence, based upon the total length of service of the employee.
G. Whenever the terms "year or years of employment" appear herein, it shall be deemed to include all services for the City of San Bernardino. Years- of employment do not refer to participants in federally funded, temporary programs, e.g., Job Training Partnership Act (JTPA).
H. The employee shall not lose any vacation time off due to action by the City.
I. In the event an employee is compensated for less than fifty percent (50%) of the payroll period, they shall not be credited with any vacation accrual for that pay period.
J. Employees may sell back up to forty (40) hours of vacation time per year provided the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours in their vacation balance before sell back occurs.
2. Employees must have taken at least forty (40) cumulative hours of vacation during the past year prior to the sell back of hours.
3. Employees must complete a vacation sell back form, which must include a Department Head signature.
4. Forms must be submitted to the Finance Department on or before April 1st of each year.
5. Payment for vacation sell back hours will be paid (using the current Council approved salary rates in the salary resolution) on the employee's May paycheck each year.
Section 2 – Holiday Leave
A. City-Designated Holidays: All full-time employees within the bargaining unit, with the exception of those employees mentioned in the following paragraphs shall be entitled to thirteen (13) City-designated holidays, the equivalent of up to one hundred and 30 thirty (130) holiday hours each year depending upon the employee's work schedule as defined in Article VI, Section 1 of this MOU. The following days will be holidays for the purpose of this MOU:
New Year's Day
President's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Juneteenth
Labor Day
Traditional Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus eighteen (18) hours of Holiday Account time per year (See Subsection C).
B. All full-time employees within the bargaining unit, with the exception of those employees shown in the following paragraph, shall be allowed the above holidays at full pay when such holidays occur within the regularly assigned working periods provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday.
C. Effective January 1st of each year that this MOU is in effect, Unit Members will receive eighteen (18) hours in their Holiday Account (formerly known as Floating Holidays).
Unit Members may maintain a balance of more than eighteen (18) hours in their holiday account during the fiscal year; at June 30th of each year, no more than one hundred and twenty-six (126) hours will be carried over to the new fiscal year, which begins on July 1st. Any Holiday Account hours over one hundred and twenty-six (126) hours at June 30th will be lost. New employees will receive eighteen (18) hours in their Holiday Account following successful completion of their one year probationary period and, thereafter, on January 1st of each year this MOU is in effect.
D. New hire employees who are hired by the City after January 1 of the calendar year shall receive a prorated number of floating holiday leave hours, at the rate of 1.5 hours per month, based on their hire date. For example, a new employee hired on July 1 of a calendar year shall receive nine (9) hours of floating holiday leave.
E. Employees who, due to scheduling, must work on a recognized City holiday will be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employees’ holiday account for that day shall not exceed either eight (8), nine (9), or ten (10) hours depending upon the employee's work schedule.
31 If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay.
The decision as to whether in-lieu time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu time off is directed by the Department Head, it may be added to the regular annual vacation period, but must be taken within one (1) year of the date said in-lieu time was earned.
F. On or about November 30th of each calendar year, the City Manager shall determine, and the Human Resources Department will distribute, the schedule of specific days that the above holidays will be observed. For example, holidays as listed above may be allowed on a Monday, if any such holiday falls on Sunday, and may be allowed on the preceding Friday, if such holiday falls on a Saturday for all employees except those covered by other provisions therein.
G. Holidays earned in any twelve (12) month period may not be accumulated beyond the total number of holidays allowed each year by this MOU.
H. Upon separation from the City, employees shall be paid for ninety percent (90%) of their current holiday account.
Section 3 – Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease, attendance upon a member of their immediate family who is seriously ill and requires the care of or attendance of an employee or death in the immediate family of the employee.
1. Sick Leave Usage for Family Members: Bargaining unit members may use unlimited accrued sick leave for the care of an immediate family member.
Immediate family member means husband, wife, grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, or domestic partner.
2. Sick Leave Usage for Employees: Upon the department's request, an employee must provide a physician's and/or health care provider's statement to justify a sick leave of forty (40) consecutive hours or longer.
Employees suspected of abuse or excessive use of sick leave may also be required to furnish a written statement from their health care provider supporting the use of sick leave and/or the ability to return to work.
No absence due to illness or injury in excess of forty (40) hours shall be approved, except after the presentation of satisfactory evidence of illness or injury. A certificate 32 from a practicing physician or an authorized practicing chiropractor may be required by the Department or Division Head and shall be subject to their approval concerning such absence. The City Manager and/or their designee shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse report, to reject such claim for sick leave in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the City Manager and/or their designee may terminate sick leave compensation and reject any claim therefore. The City Manager and/or their designee shall have the right to require the presentation of a certificate from a practicing physician or the designated physician stating that an employee is physically or psychologically able to perform their work and duties satisfactorily before permitting an employee who has been on sick leave to return to work.
In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set for beginning their daily duties or as may be specified in department/division work rules. Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose positions are funded under federal law who are regularly employed in permanent or federally funded positions if such benefit is required by said federal law. Sick leave shall not be considered as a right which an employee may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein.
Whenever the term "service to the City" appears herein, it shall be deemed to include all service of the City of San Bernardino.
B. Sick Leave Accruals. Paid sick leave may be used for employee or family illness or for medical reasons or other reasons provided under the City's Paid Sick Leave Policy (AB 1522), adopted by the Mayor and Common Council on June 18, 2015 by Resolution 2015-116 and incorporated into this MOU. After ninety (90) days of employment, a new employee will accrue four (4) hours of sick leave per pay period.
At no time may Unit Members accrue more than 1040 hours of sick leave.
After ninety (90) days of employment, employees who are compelled to be absent from work on account of illness or injury other than that which is compensable under Article V, Section 5, Leave of Absence Without Pay, shall be compensated for sick leave, provided that such compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shall not accumulate sick leave while compensated under the provisions of Article V, Section 5, Leave of Absence Without Pay.
In the event an employee is compensated for less than fifty percent (50%) of the total normal work hours in the pay period, he/she shall accrue no sick leave for such pay period and shall not be credited for the 4.0 hours of sick leave. 33 Whenever the employee uses all allowable sick leave, further absences may be charged against accrued vacation or administrative leave (if eligible), upon approval of the Department Head. If all allowable sick leave has been used and use of accrued vacation and/or administrative leave is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave.
Section 4 – Payment of Sick Leave
At the time of retirement only, an employee having six (6) or more years of service, is eligible for compensation for unused post-petition sick leave as follows: a) 288 hours or less = no cash payment; b) 289-4 79 hours = cash payment of 20% of accrued post-petition sick leave; c) 480-959 =cash payment of 25% of accrued post-petition sick leave; 960 or more hours = cash payment of 35% of accrued post-petition sick leave.
Sick Leave Sell Back: On or before February 15 th of each year this MOU is in effect, eligible employees will be allowed to cash out up to forty (40) hours of sick leave per year, providing the employee has at least three hundred and twenty (320) hours in their sick leave account after the sell back.
Employees must complete a sell back form, which must include the Department Head's signature. Forms must be submitted to the Finance Department on or before February 15 th each year.
Payment for sick leave sell back will be paid (using the current City Council approved salary rates in the salary resolution) to employees in their March payroll check.
Section 5 – Election Leave
If an employee does not have sufficient time outside of working hours to vote at a statewide election, time off with pay to vote in any general or direct primary elections shall be granted as provided in the State of California Elections Code. Notice that an employee desires such time off shall be given in accordance with the provisions of said Code.
Section 6 – Witness Leave
Employees shall only be entitled to a paid leave of absence when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the subpoena to the City within twenty-four (24) hours of receipt.
Section 7 – Other Leaves
The City complies with the applicable provisions of the Federal Family and Medical Leave Act (FMLA), the Federal Pregnancy Discrimination Act (PDA), the California Family Rights Act of 1992 (CFRA), the California Pregnancy Disability Leave Law (PDL), and other medical and/or family leave benefits applicable under both Federal and California law. Applicable 34 California and Federal statutory rights and obligations regarding leaves of absence which now exist or that may become in effect during the term of this MOU and are not specifically addressed in this MOU are incorporated by reference or addressed in a City Uniform Policy.
City policies and procedures for administering current and new laws and regulations impacting employee leaves and benefits are available from the City's Human Resources Department.
ARTICLE VI
WORKING CONDITIONS
Section 1 – Work Periods
A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty (40) Hour work week consisting of five (5) eight (8) hour workdays, exclusive of any meal periods assigned by management.
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80) Work hours in a two (2) week period consisting of eight (8) nine (9) hour workdays, and one (1) eight (8) hour workday, exclusive of any meal periods assigned by management.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty (40) hour work week consisting of four (4) ten (10) hour workdays, exclusive of any meal periods assigned by management.
4. 3/12.5 Work Schedule: The 3/12.5 work schedule shall consist of three (3) consecutive 12.5-hour workdays, inclusive of any meal periods assigned by Management. Additionally, with each 28-day work period, employees assigned to the 3/12.5 schedule shall work one (1) 10-hour shift, which shall be scheduled on a day immediately before or after the employee’s regular three-day workweek and shall not include any hours outside of the employee's normal working hours.
The primary work schedule will continue to be the 4/10 work schedule, as defined above, unless changed by action of the Mayor and City Council.
The parties agree to collaborate in identifying a schedule that effectively supports the operational requirements of the dispatch center and appropriately serves the needs of the community.
Work schedules shall be posted on all department bulletin boards showing the employee's shift, work days and where known, hours.
35 B. Work Schedule Adjustments: It is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of services for the public, and to make such adjustment in work shifts as are from time to time required. The City shall give the employees and the Union a two (2) week notice of any proposed changes in scheduled work shifts prior to implementation. If the Union wishes to consult with management regarding the proposed changes, it shall notify the City within seven (7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances which disrupt normal City operations as determined by the Department Head are not bound by the two (2) week notice requirement.
ARTICLE VII
GENERAL PROVISIONS
Section 1 – Full Understanding/Waiver
The parties acknowledge that during the meet and confer process which resulted in this MOU each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, Ordinance, Resolution, Personnel and departmental rules and regulations from the scope of negotiable issues and that the understanding arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Union, for the life of this MOU, each voluntarily and without qualification waives the right, each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU.
The express provisions of this Agreement for its duration constitute the complete and total contract between the City and Union with respect to wages, hours, and other terms and conditions of employment. Any prior or existing Agreement between the parties, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety.
It is also agreed and understood that nothing in this article shall diminish the rights of the City to exercise its rights under the Management Rights article nor diminish the rights of the Union to meet and confer/consult on the impact of proposed changes in accordance with applicable law.
Section 2 – Severability
It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and regulations and the current provisions of the Charter, Ordinances, 36 Resolutions and other rules and regulations of the City of San Bernardino. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of those federal, state or City enactments, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU.
Section 3 – Support of Agreement
By entering into this MOU, the City and the Teamsters have arrived at a final understanding through the meet and confer process, resolving any differences which may have arisen during that process. Accordingly, it is agreed that the Teamsters and the City will support the MOU for its term and for purposes of Union ratification and Council Approval. Nothing contained in this MOU shall become binding upon the parties until such time as the City Council, by legislative enactment and allocation of funds, agrees and adopts its terms and conditions.
Section 4 – Term of Memorandum of Understanding
This MOU will run for the period starting July 1,2025 through June 30, 2028.
If negotiations regarding an MOU are in progress at the time the current MOU expires, or if the parties are at impasse, the terms and conditions of the current MOU shall remain in effect as required by law until a successor MOU is adopted by the Mayor and City Council.
Section 5 - Notice of Intent to Reopen
The parties agree that if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, it shall notify the other party at least one hundred and twenty (120) days before the expiration of the MOU. Such notice of intent to reopen shall include a request for a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party.
37 SAN BERNARDINO POLICE DISPATCH ASSOCIATION (“SBPDA”)
MEMORANDUM OF UNDERSTANDING
2025 – 2028
Executed this _______ day of ____________________, 2025 ___________________________ ___________________________ Eric Levitt, City Manager Juan Delgado, Teamsters Local 1932 Business Representative (Chief
Negotiator)
___________________________
Sean McClintock
38 ___________________________
Rebecca Taylor
ATTEST:
___________________________
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
___________________________
INDEX
Agency Personnel Rules ............................................................................................. 7 Classification/Compensation Study ............................................................................. 17 Court Subpoena/Jury Duty .......................................................................................... 24 Definition of Terms ...................................................................................................... 4 Employee Orientation/New Employee Information ......................................................13 Employee Rights ......................................................................................................... 7 Health Benefits/Life Insurance .................................................................................... 25 Higher Acting Classification Pay ................................................................................. 21 Holiday Leave ............................................................................................................. 31 Labor-Management Committee .................................................................................. 10 Management Rights .................................................................................................... 6 No Strike/Work Disruption .......................................................................................... 11 Notice of Intent to Reopen .......................................................................................... 38 Overtime ..................................................................................................................... 18 Payment of Sick Leave ............................................................................................... 34 Payroll Deduction for Union Dues .............................................................................. 12 Personal Tool Replacement Allowance ...................................................................... 22 Recognition .................................................................................................................6 Salaries .......................................................................................................................17 Severability ................................................................................................................. 37 Shift Differential .......................................................................................................... 22 39 Sick Leave .................................................................................................................. 32 Special Certification Pay ............................................................................................ 23 Term of Memorandum of Understanding ................................................................... 37 Uniforms, Raine Gear & Safety Equipment ............................................................... 27 Vacation .................................................................................................................... 29 Wage Differential ...................................................................................................... 25 Full Understanding; Waiver ...................................................................................... 36 Working Conditions .................................................................................................. 35