An arbitrator shall not entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by this Union and unless such dispute falls within the definition of a grievance as set forth in Section 21.1 Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to the Grievance Procedure. Neither any Adjust ment Board n or any arbitrator sha ll have the power to amend or modify the Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
21.3 Extension of Time Limits
The above specified time limits may be extended by mutual agreement between the parties.
Failure of the employee or the Union to act within the specified time limits, unless extended, shall dismiss and nullify the grievance. Failure by the City to observe such time limits, unless extended, shall cause the grievance to be moved to the next level of the grievance procedure.
21.4 Compensation Complaints
All grievances concerning the payment of compensation shall be initially filed in writing with the City manager. In such cases adj ustment of compensation, if owed, shall not be retroactive for more than sixty (60) days from the date upon which the grievance was filed. Only complaints that allege that employees have not been compensated in accordance with the provisio ns of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process for a successor MOU is next opened for such discussions.
21.5 Suspension and Discharge Grievances
If the Parties resolve a grievance challenging a suspension without pay, a reduction in pay, or discharge, they may agree to reinstatement with or without restoration of pay or benefits lost due to the challenged action. If the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management, and if he finds that the City had such right, he may not order reinstatement and may not assess any penalty upon the City.
21.6 No Change in Memorandum
No change in this Memorandum of Understanding or interpretation thereof (except interpretation resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City manager and the Union.
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21.7 No Strike
The Union, its members and representatives agree that it and they will not engage in, authorize, sanction, or support any strike, s lowdown, stoppage of work, curtail ment of production, concerted refusal of overti me work, refusal to operate designated equip ment (provided such equipment is safe and sound) or to perform customary duties; and neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of employees not c overed by the Memorandum.
21.8 Contracting Out, Subcontracting, and JPA's
The City will notify the Union of its intent to contract, subcontract, or place in a joint powers agreement (JPA), work customarily performed by members of this bargaining unit where such contracting or subcontracting would result in loss, or potential loss, through attrition or layoff of such bargaining unit members. The notice shall include an explanation of the City's reason for proposing such contracting/subco ntracting. Such notice shall also be given if the City proposes to merge or consolidate a portion of operations affecting Bargaining Unit employees.
The Union shall be given the opportunity to meet with the City to discuss the effect of the proposed action upon its members and, upon request, to propose effective and economical alternative ways in which such services could continue to be provided by the City's own employees. The City shall allow the Union forty-five calendar days, from notice by the City, in which to make such proposals and to conduct necessary meeting s prior to formal action by the City Council.
If the City decides to subcontract, undertake a merger, or enter into a joint powers agreement (JPA), the City shall endeavor in good faith to negotiate for the assumption of all affected employees into the proposed successor operation. However, if the City determines in good faith that such assumption is not feasible, the City will attempt to mitigate the impact on displaced employees, including the possibility of placement in City suitable vacancies and/or retraining.
Section 22 - Personnel Files
Each employee, or upon written authorization from the employee, the employee's designated representative shall have the right to inspect and review any official record relating to his/her performance as an e mployee or to a grievan ce concerning the e mployee which is kept or Docusign Envelope ID: D52ECB93-1AF9-8A05-800B-7A44432C0E04
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maintained by the City. The contents of such records shall be made available to the employee for inspection and review at reasonable intervals during the regular business hours of the City.
An employee shall receive a copy of any written reprimand or warning prior to its being placed in the employee's personnel file.
The City shall provide an opportunity for the employee to respond in writing, or personal interview, to any information about which he/she disagrees. Such response shall become a regular part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's regular personnel record.
Section 23 - Safety Shoes and Uniforms
23.1 Safety Shoes.
The City has established and maintained a safety shoe purchase program through which employees may purchase safety shoes at no cost to the employee. This reimbursement shall be based on the calendar year (January-December). The City shall provide a maximum allowance of Four Hundred Dollars ($400.00) annually. The unused annual allowance, if any, may be applied toward receipted safety shoe repair costs, safety shoe maintenance items, or toward a second pair of safety shoes. The cost of safety shoes under this section shall be covered only if they meet or exceed the requirements of Ame rican Society for Testing Materials (ASTM) standard F2413 -05 or its successor(s), if any, and bear the manufacturer’s mark denoting such compliance.
23.2 Uniforms.
The City provides uniforms to employees at the City’s expense, which employees are required to wear during the performance of their work.
The required uniform for all maintenance workers in the Public Works department consists of provided shirts and trousers. The City shall provide each new employee with eleven (11) sets of uniforms consisting of shirts and trousers. The City shall provide replacements when necessary for any shirts and/or trousers damaged due to normal wear and tear in the course of work.
Additionally, the City shall provide five (5) City logo orange t -shirts and one (1) hat to each employee.
The City shall also provide three (3) coveralls and one (1) set if rain gear for each full-time employee under the City’s safety protective gear policy/practice. The City shall provide replacements on an as-needed basis or as determined by the Public Works Supervisor.
Upon termination of employment, the employee shall turn in all uniforms and other items issued to the City.
The City shall continue to report up to a maximum of seven hundred twenty-five dollars ($725.00) per employee annually to CalPERS as special compensation as Uniform Allowance to the extent permitted by law. The amount reported to CalPERS for each Docusign Envelope ID: D52ECB93-1AF9-8A05-800B-7A44432C0E04
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employee is calculated based on the actual costs for the care and maintenance of the employee’s uniform. “New Members” as defined under the Public Employee’s Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation.
Section 24 - Labor-Management Committee
A Labor-Management Committee comprised of two (2) representatives appointed by the Union and two (2) representatives appointed by the City Manager shall meet at the request of any representative, but not more frequently than on a quarterly basis for the purpose of discussing and making recommendations in areas which will improve and contribute to make efficient methods and operations and to improve and promote increased productivity of all City employees, including matters relating to safety.
Section 25 - Tuition Reimbursement
Employees covered by this Memorandum of Understanding are eligible for reimbursement of educational expenses in accordance with the City's Tuition Reimbursement Policy, which provides for reimbursement of up to Three Thousand dollars ($3,000.00) per employee per year of expenses incurred in job related educational programs or job-related certificate programs which are recommended by the employee's Department Head and approved by the City Manager. In order to be eligible for reimbursement the employee must attain a grade of "C" or better or "pass" in a pass/fail system.
Section 26 - Retirement
The City shall continue to offer the voluntary salary reduction option offered by Section414(h)(2) of the Internal Revenue Service Code and the Public Employees' Retirement System.
For employees hired on or before March 16, 2009 the City provides the PERS 2.7% at 55 retirement benefit for mula with PERS single h ighest year final co mpensation average and will continue to provide the option allowing employees service credit for accrued sick leave upon retirement from the City of San Carlos.
For employees hired on or after March 16, 2009 the City provides the PERS 2.5% at 55 retirement benefit for mula with PERS single h ighest year final co mpensation average and will continue to provide the option allowing employees service credit for accrued sick leave upon retirement from the City of San Carlos.
For employees hired on or after April 23, 2012 the City provides the PERS 2.0% at 55 retirement benefit formula with the average of the three highest years compensation as the basis for calculating the pension and will continue to provide the option allowing employees service credit for accrued sick leave upon retirement from the City of San Carlos.
The City will continue to contract with PERS for the Industrial Disability Benefit at no cost to the employees, subject to the limitations of applicable law.
The City will also pro vide employees the opportunity to “buy-back” some of their military time and have it applied as service credit towards a PERS retirement to the extent heretofore provided, subject to the limitations of applicable law.
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Effective January 1, 2013, the City implemented the California Public Employee Pension Reform Act of 2013 in the manner required by that Act.
26.1 Retirement Notice
An employee who intends to retire from the City must deliver to the City Manager a written notice of the employee’s planned retirement date as far in advance of that date as possible, but not less than one hundred eighty (180) days in advance of the employee’s last anticipated day of actual work. If such notice is given, the employee will be allowed to use his or her accumulated unused vacation credits after his or her last a ctual day of work and prior to his or her retirement date. However, if less notice is given, the employees will not be allowed to run out his or her accumulated unused vacation credits prior to retirement unless the employee provides documentation of exte nuating circumstances that, in the City Manager’s judgment, rendered the giving of the notice infeasible to the extent it was not given.
26.2 Deferred Comp Match
Effective the first full pay period beginning after September 1, 2026 or the first day of the first full pay period beginning after this MOU is adopted by the City Council and signed by the parties, whichever is later}, the City shall provide a contribution to an employee's deferred compensation account in an amount equal to the employee's contribution at a ratio of 1:1, to a maximum of three hundred and dollars ($300.00) per month.. This shall not imply any City endorsement or responsibility for the performance of any deferred compensation account or instrument selected by the employee.
Section 27 - Severability of Provisions, Integration and Waiver
27.1 Severability
If any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illeg al or un enforceable, t hat provision of the Me morandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.
27.2 Integration
The parties acknowled ge that each has had t he unlimited right and oppo rtunity to raise, discuss, and meet and confer with the other on all matters wit hin the scope of representation, and that the agree ments rea ched between the parties are fully set forth herein in writing. There are no agreed upon ter ms, pro mises, or conditions except as expressly set forth in this written MOU.
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27.3 Waiver Of Further Bargaining On Covered Matters
The parties agree that neither shall be required or attempt to require the other to meet and confer over any term contained in this MOU for the life of the agreement, except for purposes of negotiating an entire successor MOU on timely notice given pursuant to Section 31 below, and that any legal duty to do so is hereby waived. However, the City Manager (or his or her expressly authorized delegate) and the Union Business Representative may enter into a joint written memorandum of interpretation to settle the meanin g of any ambiguous provision of this Memorandum Of Understanding.
Section 28 - Past Practices and Existing Memoranda of Understanding
28.1 Withdrawal of Proposals
The Parties agree that proposals made by the City or Union during the negotiations that led to the conclusion of this MOU (or its predecessors) between them that were withdrawn will not be raised or submitted in any future labor relations forum (e.g. grievances, grievance arbitration, etc.) as evidence that either party sought but did not obtain or did not already possess rights, authority, or privileges addressed in those proposals.
28.2 Past Practices
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Me morandum of Understanding.
28.3 MOU Supersedes Pre-existing Agreements
This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Union.
28.4 Personnel Rules Revisions
The City may modify or supplement its Personnel Rules and Regulations. To the extent such changes in the rules or regulations are within the scope of representation, the City will notify the Union in writing of such changes at le ast ten ( 10) days in advance of their tentative effective date. Within ten (10) business days after the City delivers such notice to the Union, the Union may request to meet and discuss the changes. Such request shall be in writing and delivered to the Human Resources Manager within the (10) business day request period. Any such discussions shall commence within ten (10) business days after the City’s receipt of the notice and shall conclude within thirty (30) days after that deadline, and the changes sh all be held in abeyance during that period. However, the changes as originally written or as modified by the City during the parties’ discussions may be implemented thereafter. However, such change must be reasonabl e. If a conflict exists between the terms of this MOU and t he modified or new rule or regulation, the terms of this MOU will prevail.
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Section 29 - Duration.
This Memorandum of Understanding shall be effective on adoption by the City Council, and shall remain in effect through June 30, 2028. Nothing herein will operate to negate or interfere with the implementation of any provision for which a speci fic earlier effective date is spe cified. If, by January 7, 2028, the Union delivers written notice to the City Manager of its intent to negotiate the terms of a successor to this 2026-28 Memorandum of Understanding, the City agrees that such negotiations will commence no later than March 1, 2028 . Negotiations will be conducted in accordance with the provisions of the City’s Employee Relations Resolution and the Myers - Milias-Brown Act.
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Made and entered into this day of August, 2026.
FREIGHT CHECKERS, CLERICAL CITY OF SAN CARLOS
EMPLOYEES AND HELPERS
UNION, LOCAL 856, IBT
By: By:
Peter Finn, IBT 856 Kathy Kleinbaum
Secretary-Treasurer City Manager
By: By:
Derek Standart Rebecca Mendenhall
Negotiations Team Member Administrative Services Director
By: By:
Matthew Richards Angela Rodriguez
Negotiations Team Member Human Resources Manager
By:
Ruben Ramirez
Negotiations Team Member
By: By:
Mark Leach Stacey Cue
Chief Negotiator, IBT 856 Chief Negotiator, I.E.D.A.
15th
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APPENDIX A
CITY OF SAN CARLOS TEAMSTERS UNIT
Hourly Wage Schedule
Effective on the first day of the first full pay period after September 1, 202 6 or the first day of the first full pay period beginning after this MOU is adopted by the City Council and signed by the parties, whichever is later,
Step 1 Step 2 Step 3 Step 4 Step 5
Maintenance Worker $41.4135 $43.4841 $45.6584 $47.9410 $50.3386
Senior Maintenance Worker $50.0342 $52.5358 $55.1625 $57.9206 $60.8172
Senior Mechanic $50.7812 $53.3202 $55.9862 $58.7855 $61.7247
Effective 09/06/2027
Step 1 Step 2 Step 3 Step 4 Step 5
Maintenance Worker $42.6559 $44.7886 $47.0282 $49.3792 $51.8488
Senior Maintenance Worker $51.5352 $54.1119 $56.8174 $59.6582 $62.6417
Senior Mechanic $52.3046 $54.9198 $57.6658 $60.5491 $63.5764
*Actual salary may be at or below this maximum at the discretion of the City Manager.
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