SECTION 4.10 RETIREMENT
Employees covered by this agreement who work or are anticipated to work 1,000 hours or more in a fiscal year shall be covered by the City contract with t he Public Employees’ Retirement System 2% at 55 plan (per Government Code Section 21354) including military buy-back and highest single year retirement option (per Government Code Section 20042) and supplemented by Social Security.
A. The City shall pay the employee’s 7% contribution to PERS for employees of the Torrance Municipal Employees - AFSCME, Local 1117.
B. The seven percent (7%) paid by the City is co nsidered as employer-paid member contributions (EPMC) in accordance with Government Code Section 20636(c)(4).
C. Employees hired after January 1, 1977, shall reimbur se the City of actuarial liability created by their individual participation under the military buy-back provisions of this plan.
D. Effective February 1, 2011, all new hires shall be responsible for the employee’s contribution to PERS, currently 7% of pay.
1. Section 4.10(B) would no longer be applicable for employees hired after February 1, 2011.
E. Public Employees Pension Reform Act
Employees covered by this agreement hired on or after January 1, 2013 who do not qualify as “classic members” of PERS, shall be considered “new members” and shall be covered by the City’s contract with PERS in the 2% at age 62 defined formula including military service credit purchase option with a final compensation calculation period of the final three years. Per PEPRA, employees shall be responsible for fifty percent (50%) of the normal cost attributable to the applicable retirement formula.
Note: The definition of “classic member” or “new member” is established per the California Public Employees Retirement System (CALPERS).
F. City will comply with AB 1222 PEPRA Exemption for Transit Employees (new)
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SECTION 4.11 UNIFORMS
A. Uniforms
Employees covered by this agreement who are required by their Department Heads to wear a uniform shall have all of the rental of that uniform paid for by the City. Eleven (11) uniforms will be provided to the affected employees.
1. In addition, there will be a quarterly meeting with the vendor to discuss problems with the uniform service. The meetings can be canceled at the request of either TME-AFSCME or Management, time and place to be mutually decided.
2. All required uniforms will be replaced on an as needed basis when the garment fails to meet the City's appearance standard, as determined by the employee's supervisor. Employees may request to have their uniforms replaced at any time because of wear, subject to their supervisor's concurrence.
3. Uniforms are to be worn at all times while on duty. Uniforms are not to be worn while engaged in outside employment, i.e., any work done, or any service performed for compensation other than for the City, whether as employee, independent contractor, or otherwise.
4. An employee who fails to comply with establ ished departmental uniform requirements shall be subject to disciplinary action.
1. Fire retardant or cotton uniforms shall continue to be provided to the employees in the following departments/divisions: Fleet Services, Water (inc luding overalls), Airport, Electrical. Any employee that provides medical documentation s howing an allergy or other medical condition precluding the wearing of polyester shall be provided with cotton uniforms. In addition, if there is a valid safety reason, agreed upon by both parties, cotton uniforms will be provided.
6. Any employee not covered under 5) above may request cotton uniforms. If the number in any fiscal year exceeds 30, the additional cost of providing cotton uniforms for the 31st and above will be paid for out of the succeeding years contract. Purchasing will notify the parties by June 1 as to the number of employees with cotton uniforms each year.
7. Relief Bus Operators receive three shirts and two pants upon successful completion of training (within two months of hire date). In addition, upon reaching Step 2, RBO’s will receive one additional shirt and one additional pair of pants.
B. Uniform Allowance - Crafts & Trades
The City shall pay a uniform allowance payable during June and December of each year of:
1. $80.00 each six (6) months of employment to employees in the classification of Telecommunications Technicians, Wireless Technicians and Water Tech III incumbents who act in the capacity of Water Quality Inspectors.
2. $225.00 each six (6) months of employment for employees in the classification of Bus Operator and Transit Dispatchers.
3. $225.00 each six (6) months of employment for employees in the classification of Police Services Officer.
4. Such shall be prorated for actual time of employment. 217
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C. Uniform Allowance – Services
The City shall pay a uniform allowance payable during June and December of each year of:
1. $225.00 each six (6) months of employment for employees in the classification of Animal Control Officer.
2. Such shall be prorated for actual time of employment.
D. Uniforms and uniform allowance is PERSable for employees hired prior to January 1, 2013. The City will comply with the provisions of the Public Employees Pension Reform Act (PEPRA) in determining if uniform allowance is PERSable for employees hired after January 1, 2013.
SECTION 4.12 TOOL ALLOWANCE
A. Employees in the classification of Mechanic, Seni or Mechanic, and Senior Welder shall receive a tool allowance of $275 every six (6) months of employ ment payable in June and December of each year.
Where a Mechanic or Senior Mechanic is required by assignment to use metric tools, he shall receive a one-time reimbursement of $100 upon proof of purchase of such metric tools.
B. Tool box self insurance program for mechanic positions in Fleet Services is fully described in Attachment E.
C. Employees in the classification of Animal Control Officer shall receive $200.00 tool and educational materials allowance payable in February. Employees who are on the payroll effective the first pay period in February will be eligible for such benefit.
SECTION 4.13 MEDICAL EXAMINATION/RECHECKS/INOCULATIONS
A. Sprayer Physicals
Any employee whose regular work assignment substantially involves working with dangerous spray shall receive a City administered medical recheck each calendar year which shall be paid for by the City. The City will give appropriate medical rechecks for employees involved in paint spraying work assignments based on the chemicals or content of paints used.
B. City Driver Physicals
Employees who are required to complete the mandatory DOT physical to maintain their Commercial Driver License as a condition of employment have two options:
Option 1: The employee may schedule their CDL Medical Exam, on their own, and complete the exam with a medical examiner listed on the National Registry of Certified Medical Examiners. The City will reimburse the employee for his/her deductible or co-pay for up to $70 for the CDL Medical Exam. The City will not reimburse the employee for expenses beyond the initial Medical Exam.
Option 2: The employee may complete the required CDL Medical Exam at a City-designated medical facility.
For both Medical Exams conducted by an examiner of the employee's choosing, or at a City designated medical facility, if the employee is unable to perform his/her duties until cleared by the Medical Examiner, the employee will need to use l eave (sick, vacation or compensatory time off) time. The employee shall have the right to use sick leave, vacation or compensatory time at their 218
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choice. If sick leave is chosen, that sick leave usage will not be counted as part of the employee's annual evaluation of attendance or for any disciplinary purpose.
The City shall provide required medical examinati ons at a City-designated medical facility where required operators license makes such necessary. Drivers with a Commercial Driver License are required to submit to the required medical examination at a City-designated medical facility.
If a physician at the City-designated medical facility requires the employee to go to his/her own physician for any reason, and the employee is unable to perform his/her duties until cleared by the City physician, the employee will need to use leave (sick, vacation or compensatory time off) time.
The employee shall have the right to use sick leave, vacation or compensatory time at their choice. If sick leave is chosen, that sick leave usage will not be counted as part of the employee’s annual evaluation of attendance or for any disciplinary purpose.
C. Inoculations
The City will provide employees in the following clas sifications the inoculations set forth below. The inoculations are on a voluntary basis and depending on assignment:
Tetanus Hep B TB Skin Test
(Annual)
Rabies pre-
exposure vaccine
Police Services Officers X X X
Animal Control Officers X
Sanitation Equipment Operator X X
Wastewater Technicians X X
Equipment Attendant
Mechanic
Wireless Technicians
Senior Mechanic
X
Senior Welder/Welder X X X
Building Maintainer
Forensic ID Specialist
Forensic ID Supervisor
X
Custodian
Sr. Custodian
Maintenance Worker
Lead Maintenance Worker
X X X*
Lead Maintenance Worker
Maintenance Workers X X
*TB Test only provided to Custodians and Senior Custodians assigned to work the jail facility.
Other inoculations and/or tests recommended by TME-AFSCME will be studied and submitted to the City. Within 30 working days of the receipt, management and TME-AFSCME will meet to discuss the suggested inoculations.
SECTION 4.14 SAFETY
A. Safety Shoes
Employees covered by this agreement who are requi red by their Department Head to wear safety shoes shall be paid a shoe allowance of $125.00 each six (6) months of employment payable during 219
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June and December of each year. Employees who are on the payroll effective the first pay period in June and December will be eligible for such benefit. Such an employee is subject to appropriate disciplinary action for failure to wear these safety shoes while on the job.
Employees in the classification of Animal Control Officer, who are required by their Department Heads to wear safety shoes or boots, shall receive a shoe allowance of $250.00 once per year payable during Septe1mber of each year. Employees who are on the payroll effective the first pay period in August will be eligible for such a benefit. Such an employee is subject to appropriate disciplinary action for failure to wear these safety shoes or boots while on the job.
B. Prescription Safety Eye Protection
It is the policy of the City to require the use of safety eye protection in all classifications of employment in which there is a threat of eye injury. The department/division head shall reasonably determine which employees are required to wear safety eye protection.
The department/division head shall determine the types of approved prescription safety eye protection.
For those employees requiring prescription safety eye protection, the City will pay $200 every other year (beginning of the fiscal year) for the cost of frames, prescription lenses, UV protective tinting and fitting or other eye protection as referenced in paragraph above; any additional costs may be paid for by the City at the Department Head’s discretion. The cost of eye examinations by a licensed Ophthalmologist or Optometrist will be paid by the employee.
Broken or badly damaged prescription safety eye protection will be replaced once per year with department/division head approval. Additional prescription safety eye protection will be replaced at the expense of the employee.
Procedures for processing of payment for obtaining prescription safety eye protection will be established by individual Departments.
C. Non-prescription safety eye protection
The City will provide non-prescription safety protective eyewear to qualifying employees not requiring or requesting prescription lenses.
Broken or badly damaged non-prescription safety eye protection will be replaced as needed with department/division head approval. Damaged non-prescription safety eye protection will be required to be turned in to the supervisor on duty.
D. Material Safety Data Sheets
The City shall post a notice in all appropriate Departments that describes the location of Material Safety Data Sheets. As prescribed by law, all such sheets shall be made available to any employee or TME-AFSCME representative so requesting.
As a member of the Safety Team, TME-AFSCME shall be notified of the results of any and all workplace surveys of safety and health hazards.
E. It is the intent of Management and TME-AFSCME that the City provide a safe and healthful workplace for its employees. It is further the goal of both parties that, at a minimum, all employees be covered by the laws and tenets of CAL OSHA. If that regulatory Agency is no longer in existence or is so affected by budget cuts as to render its powers ineffective, then the rules and regulations shall be 220
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incorporated by reference into the safety provisions of this agreement. Employees shall have the right to grieve violations of such regulations or to file complaints. Such employees shall be protected from harassment from said filings as provided under Section 1.3 of this agreement.
F. TME-AFSCME shall designate one representative w ho shall be a member of the City's Safety Team.
Said member shall be responsible for communicating with the TME Board and the membership the content of the Safety Meetings.
G. For those employees whose work exposes them to the damaging UVA and UVB rays of the sun, the City shall provide sun block protection. (City will make sunscreen available for employees who work outside)
SECTION 4.15 DEFERRED COMPENSATION
A. For active employees, the deferral program shall apply to the following:
1. Cash out of vacation (Section 4.2.I)
2. Cash out of sick leave (Section 4.3.C)
This deferral is up to the limits set by Federal Law and is exclusive of the $125.00 per month contributed by the City toward employee or eligible annuitant's medical insurance.
B. Effective September 27, 1998, or at the completion of one (1) year of service, employees become eligible for and shall receive a non-matching deferred City contribution of $300 ($11.54 per pay period) per calendar year. Effective January 1999, the $11.54 per pay period will be deferred on the employees behalf.
SECTION 4.16 LICENSES
A. The City shall pay the cost of enrollment in approved courses for smog, brake, and lamp adjustment for Mechanics and Sr. Mechanics. The Department Head shall determine the participant(s) in such classes any given time. Employees may take these classes during working hours providing the class does not exceed 120 hours in length. Employee(s) may only earn straight time while at these classes, so work schedules may have to be altered for the duration of the class.
B. Employees who are required by their Department Head to possess a commercial driver's license must submit proof of their acquisition of such licenses to the Department Head. Department will then reimburse the employee for the cost of the license. If an employee loses his/her license, and it is subsequently reinstated, the employee will bear the cost of the reinstatement.
SECTION 4.17 MEMBER RELATIONS
Every year on the first pay period of November, employees will be given a grocery certificate for $75.00 for groceries from the City & AFSCME Local 1117. The City will purchase the certificates and distribute the certificates and will include a joint letter of appreciation. Should the city purchase the gift certificates at a discount, the city will distribute the discounted amount proportionately to each member. Every year on the first pay period of October, the City will pay AFSCME Local 1117 an amount equal to $1.00 per employee covered by TME AFSCME.
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SECTION 4.18 RELEASE TIME
The City recognizes that employees and representatives of the Union are entitled by law to reasonable release time for many purposes. The purpose of this pr ovision is to memorialize the parties' intent with respect to use of reasonable release time.
Use of release time is necessary for the Union to effectively operate. However, it is essential for efficient operations of City service that supervisors and managers are timely notified of the use of release time to ensure minimal impact to service delivery. For these reasons, the parties agree that release time will be provided in accordance with this article. The parties agree that Employees will utilize the Notification of Release Time form to provide notice of their intention to use release time. Release time will not be unreasonably denied.
A. Meetings with Management
The parties agree that there may be times that the Union may need to meet with a representative of management. This may include, but not be limited to, Roundtable Meetings, Safety Team Meetings, meetings with Department Heads or Managers, or for other purposes where management and the Union agree to meet. For those meetings, Union representatives will receive paid release time for the entire period of the meeting as well as one half hour prior to and one half hour after the meeting (inclusive of travel time).
B. Negotiations
Employees will be provided with paid release time for the entire period of the negotiation session, as well as one (1) hour before and one hour after (inclusive of travel time).
C. Hearings
Paid release time is available for time spent in he arings (PERB, discipline, grievances, Civil Service Commission), preparing for hearings, and traveling to and from such hearings.
D. Meetings to Represent Employees
There are numerous situations where employees in the Union may seek representation, including, but not limited to, an Administrative Conference (i.e., a meeting with a City representative, after which an employee receives a notice of intent to discipline), or a meeting in which the employee has a reasonable belief that the meeting may lead to the im position of discipline, or other meetings where representation is appropriate. Paid release time will be provided for employees’ attendance at such meetings.
E. Executive Board Meetings/Union Elections
For Executive Board members whose work schedule is such that they are scheduled to be working during general membership and/or executive board meet ings, they are entitled to a total of two (2) hours per month of paid release time as well as one half hour prior to and one-half (½) hour after the meeting (inclusive of travel time). Employees who are required to staff polling sites for union elections shall be released with pay for said election. However, no more than two union representatives may be released at any one time for the purpose of staffing a polling site during elections for executive board members, contract ratification, or special elections.
F. Other
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An executive board member who is required to par ticipate in the City’s New Employee Orientation shall receive a maximum of up to one (1) hour per month of release time, inclusive of travel time. In addition, an executive board member whose work schedule coincides with the Civil Service Commission or city council meeting shall be entitled to release time to participate in such meeting for the sole and limited purpose of addressing an Item on the agenda related to the Union.
It is required that employees who are using paid release time for the purposes defined in paragraphs A - F above will complete and submit the Release Ti me form (Attachment F). If such meetings are set more than 72 hours in advance, employees shall complete the release time form and submit it at least 48 hours prior to the time of the meeting (excluding days off/weekends/holidays). For those meetings that are set with less than 72 hours notice to the impacted employees, the release Time form will be filled out and submitted as soon as it is practical. Executive board members are encouraged to submit one release time form fo r all Board/Membership meetings scheduled during the year. Releases shall only be for those employees requiring paid release time from actual scheduled hours of work.
G. Employees who desire to meet with their union representative during work hours regarding Union- related business (such as questions about rules, policies, MOU provisions, etc.) may be released from duty with the approval of their supervisor for such purposes. The parties intend that such meetings shall be 15 minutes or less in duration.
H. President's Release Time
While it is anticipated that the president of the union will utilize release time in accordance with this article for the reasons provided herein, the union president will also receive paid release time of two days per week to conduct other union activities necessary for the essential operation of the Union as directed by the executive board of the union. The union president’s release time will be on Tuesdays and Wednesdays. However, if a holiday falls on a Tuesday or Wednesday, the president shall receive release time on his/her next work day.
If the president works in the Transit Department and is not able to bid a Monday through Friday work shift, he/she may request to work a modified Monday through Friday shift as to be available for all city maters, with the consent of the Department Head and the City Manager/Designee. In order to accommodate this request, the president will have to work both of his/her assigned bid days off that falls within the Monday through Friday work week and will be granted Sunday and Saturday as modified scheduled days off. On the president’s bid days off, he/she will be assigned a work shift by the department after all other full-time employees have been assigned a work shift for that day.
During this accommodation, the president will not be exempt from mandatory overtime as implemented by the department and if implemented he/she will be required to work the assigned shift.
The president’s release days will continue to be Tuesday and Wednesday and any overtime shall be consistent with his/her modified days off.
1. On the president’s release days, the union president must be available by phone during the normal work hours. However, if the president must be out of the city on the designated release day, the president will provide notification to the City Manager or designee prior to the event, with a contact phone number where he/she can be reached during business hours in case of a work- related inquiry, and an estimated time he/she will be out of the city. The union president will notify the City Manager or his designee upon return to the City of Torrance.
3. In the event the president wishes to use his/her release day for a union-related activity on a day other than the days so designated, the president shall notify the City Manager or designee by the Thursday prior to the event for approval or as soon as practicable. Such approval will be based on the president's department's operating needs, and will not be unreasonably withheld.
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4. Use of paid leave absences, such as for vacation and sick leave, by the union president on a release day shall not result in an additional union release day during the week.
5. If the union president on release time works any hours for city business above the number of hours in their regularly scheduled workday, he/she shall receive overtime.
6. On Tuesdays and Wednesdays, the union president shall report by email or electronically to the City Manager’s office and/or designee at the beginning of the work shift. If the president will be out of the City on either release day in accordance with paragraph H1 above, notification to the City Manager will be provided.
7. In the event the president takes a leave of absence from the presidency of the union in excess of fourteen (14) calendar days, these terms and conditions shall apply to the AFSCME Local 1117 Board-approved acting union President. In addition, the union must provide the City Manager with at least seven (7) days notice of this leave of absence to minimize impact to operations.
8. When the union president's presidency ends, he/she shall return to the full scope of his/her previous job duties.
I. Additional release time may be purchased by the union, with the approval of the City Manager, for Union activities not contemplated in this article.
ARTICLE 5 - HOURS OF WORK
SECTION 5.1 NORMAL HOURS OF WORK
A. Effective February 6, 1994, all employees covered by this agreement are on a 9/80 work week schedule, with the exception of:
Transit Bus Operators, RBOs, ARBOs 1
Traffic Signal Technicians (effective July 1, 2010) 1 Sanitation division employees 1
B. Employees not a 9/80 or 4/10 work week schedule shall normally work a five (5)-day forty (40)-hour work week.
C. There shall be at least eight (8) hours between regular shifts worked by any employee. Any time worked within that eight (8) hour spread shall be treated as overtime.
D. Employees covered by this agreement will be given notice five (5) working days prior to any shift change or change in working hours, except in the case of emergencies. This shall not apply to rotating shifts, bidding procedures or other shift changes that occur on a regular basis.
E. Other City divisions not located in the City Ha ll complex may modify schedules for work groups to operate on either a 9/80 "open" or 9/80 "closed" schedule that does not conform to the above.
F. TME-AFSCME and Management may modify the definition of a normal work week and the provisions of overtime to accommodate a flex-time approach subject to the joint agreement of the parties and a supplemental Memorandum of Understanding.
1 There is a 4/10 work week schedule for employees covered in those classifications. 224
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SECTION 5.2 LUNCH
Employees covered by this agreement shall be entitled to a lunch period of up to one (1) hour.
A. Lunch periods shall be without pay except for employees in the classifications of Police Services Officer assigned to the front desk/jail and Public Safety Dispatchers.
B. There shall be no restrictions on employees during lunch periods that reduce the amount of time allotted for lunch. Restrictions placed upon employ ees during lunch periods on their own time, that reduce the amount of allotted time, shall be compensated for as overtime.
C. The amount of time for lunch period and the procedure for taking a lunch period shall be determined by departmental rules and regulations.
SECTION 5.3 REST BREAKS
Employees covered by this agreement may be allowed up to fifteen (15) minutes as a rest period in accordance with department rules during each half of the regular workday or regular work shift. In such cases:
A. These rest periods will not be taken at the beginning or end of either half of the regular workday or work shift.
B. Rest periods may not be accumulated, nor shall such rest periods have any monetary value if unused.
C. The provisions of this Section may be modified by a supplemental agreement between TME and the City to effectuate a flexible work hour concept.
D. Rest periods shall be taken at or near the work site.
ARTICLE 6 - OVERTIME
SECTION 6.1 OVERTIME
A. Employees covered by this agreement who work a five (5)-day forty (40)-hour work week shall be compensated by pay at the rate of one and one-half (1½) times the hourly composite rate of the employee for hours worked in excess of eight (8) hours in any one (1) work shift or forty (40) hours in any one (1) week.
For employees on the 9/80 or 4/10 program, employees shall be compensated by pay at a rate of 1½ times the hourly composite rate of the employee for hours worked in excess of a regularly scheduled shift or work week.
Composite rate includes base hourly rate plus specific premium pays.
B. Computation
Overtime shall be computed for actual time worked. This includes paid leave taken during the pay period.
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C. Claims for Compensation
Overtime worked must be reported by the employee to the Finance Director within fifteen (15) calendar days after the end of the pay period in which the employment was rendered. Failure to do so waives any claim for compensation for such employment by the employee concerned.
D. The provisions of this section may be revised by a supplemental Memorandum of Understanding between the representatives of management and the representatives of TME-AFSCME.
E. An employee may request compensation in the form of time off at the rate of time and one-half (1½) for hours worked in lieu of pay subject to the approval of the Department Head. Such compensatory time cannot be accrued in excess of eighty (80) hours , but can be carried over from year to year .
Employee may cash out up to 100% of their accrued CTO quarterly on a form provided by the City by notifying the Finance Department on or before the 5th of February, May, August, and or November of each year. Payment shall be made no later than the last pay period on the months named. CTO will not be automatically cashed out due to end of fiscal year or for any other reasons.
F. Whenever practicable, overtime shall be first of fered to permanent, full time employees of a class within the department and division by seniorit y. There shall be continued discussions in each department with the intent of establishing procedures for such offers of overtime. In emergency situations, and when no volunteers are found using the seniority basis, overtime may be mandatory through an inverse seniority assignment.
G. Any employee of the police department required to appear in court, or placed on call at the station in the performance of his/her duties, shall be compensated at the regular overtime rate for a minimum of two hours or for the actual time spent in court inclusive of the court's lunch break, if required to report back to court following lunch. If on-duty hours are contiguous to this two (2)-hour minimum, the employee shall be compensated for actual hours spent in court.
H. An employee may select to defer overtime into the pre-tax 457 plan by submitting the appropriate forms to their department/timekeepers. This is not applicable to built-in scheduled overtime, double time and emergency call outs.
SECTION 6.2 CALL-OUT
The City and TME-AFSCME jointly recognize and commit to resolving the problem regarding employee response to call-out.
An employee called out after regular working hours to respond immediately for emergency work shall be compensated at double time rate for the first two (2) hours with a guaranteed minimum of two (2) hours.
Such minimum shall be increased to three (3) hours if an employee is called out after 12:00 midnight and before 5:00 a.m.; provided, however, that call-out work in excess of the first two (2) hours will be compensated at the regular overtime rate. Avail ability for emergency call-out shall be determined by departmental rules and regulations.
The double time provisions of this section shall not apply to Bus Operators or Services Officers and Public Safety Dispatchers in the police department. Such shall also not apply to scheduled holiday work as prescribed under Section 4.1.d.2, Holiday Work Pay - Scheduled Work.
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ARTICLE 7 - CONDITIONS OF EMPLOYMENT
SECTION 7.1 PROBATIONARY PERIOD
A. For all classifications covered by this agreement, except for Apprentice Relief Bus Operators, there shall be a probationary period which shall be one (1) year of service for original, non-promotional appointments and a probationary period of six (6) months of service for all promotional appointments.
B. An employee’s probationary period shall be extended if the employee is absent from the performance of his/her assigned duties in excess of the number of cumulative working days he/she would work over a four-week period of time. Thus, an employee working a 5/40 will have his/her probation extended by twenty (20) working days or more if he/she is absent more than twenty (20) working days during his/her probationary period. An employee working a 4/10 will have his/her probation extended by sixteen (16) working days or more if he/she is absent more than sixteen (16) working days during his/her probationary period. An employee working a 9/80 will have his/her probation extended by eighteen (18) working days or more if he/she is absent more than eighteen (18) working days during his/her probationary period. The probationary period will be extended by the amount of time equal to the number of days absent from work. For purposes of this provision, all leaves of absences whether continuous or not which result in the employee exceeding the number of workdays he/she is regularly scheduled over a four week period of time will result in a probation extension. A workday will count towards the cumulative total provided for herein if the employee works less than one-half (½) of their regularly scheduled hours in a day.
SECTION 7.2 DISCIPLINARY PROVISIONS
A. An employee may be suspended without pay, demoted or discharged for just cause. Employees, other than probationary, shall have the right of appeal provided under Civil Service Rules and Regulations and the Torrance Municipal Code.
B. An employee may request that a written reprimand be removed from his/her permanent personnel file providing the following conditions are met:
1. A standard performance evaluation has been maintained during the two-year period following the date on the written reprimand; and
2. There has been no discipline during the two-year period of time.
3. For purposes of this section, discipline shall be defined minimally as a written reprimand.
SECTION 7.3 TRANSFER
Laterals
A. Permanent employees in a job classification re presented by TME-AFSCME may make themselves available for lateral entry into a classification in any representation unit represented by TME-AFSCME whose salary range is equal to or less than that of the classification of position presently held by the employee. (A salary range shall be considered to be equal to if there is less than a seven and one- half percent (7.5%) difference in the highest step in the base salary range for the class.)
B. When a position in a classification for which employees have applied for lateral entry becomes vacant, employees who have so applied shall be given the opportunity to lateral into the position pursuant to the following:
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1. No promotional list exists for the position.
2. The Department Heads involved approve of the lateral appointment. Such approval will not be required where lateral appointment is the result of a layoff or medical disability.
3. The City Manager concurs in the lateral appointment.
4. Priority of consideration shall be on the basis of seniority subject to the above. The employee shall receive a progress report from the Department Head at the end of each thirty (30) day period.
If an employee does not qualify, he shall be returned to his previous status. The approval and verification of Department Head and the City Manager shall be final.
5. Such lateral appointment of the employee shall be subject to a 180-day period to verify his competency in the new position.
6. If an employee accepts a lateral transfer, his salary shall be at his former rate or at the highest step of the lower range, whichever is the lower.
C. Transfers
1. Employees who make in class transfers shal l be subject to a 6-month probationary period.
2. Items (B) 2 through 6 above shall apply.
D. Medical Lateral Transfer
1. Employees are subject to medical, lateral transfers shall be subject to a six-month probationary period.
2. Medical laterals who do not pass qualification period will again be evaluated for current vacancies for which they qualify based physical restrictions and which are within the other guidelines (Section 4.4)
SECTION 7.4 LAYOFF PROVISIONS
A. Management agrees that in expending any savings which accrue to the City as a result of the repeal of the retirement allowance adjustment programs, the City shall give the highest priority to retaining and rehiring as many as possible of its employees subject to layoff or reduction.
Management retains the right to modify or eliminat e this section pursuant to any court action or subsequent legislation which overturns, modifies or repeals AB 702.
B. Prerequisite for Layoff
When as a result of a cutback in personnel it becomes necessary to initiate a layoff of employees in any representation unit covered by this agreement, the following shall be the prerequisite to such a layoff:
1. All temporary, seasonal and/or recurrent and probationary employees have been released from the class.
2. Employees in the class have been given an opportunity to seek lateral transfer to existing vacant positions (See Section 7.4).
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3. Management will meet and consult with the repr esentatives of TME-AFSCME over alternative courses of action to avoid such layoff.
4. Notice of actual layoff shall be given no less than fifteen (15) days before the date of implementation. Such shall include:
a. Classification where layoff is to occur;
b. Seniority list by total continuous City seniority of employees in the effected class;
c. List of current permanent vacancies in all classes represented by TME-AFSCME;
d. Separate notice to any employee in the class who has two (2) or more below standard ratings within the preceding three (3) years.
C. Order of Layoff
1. Employees who have two (2) or more below standard ratings within the preceding three (3) years shall be laid off first. Any employee whose most recent rating out of the last three (3) years is standard or above may be excluded from this section;
2. Next layoff shall occur on the basis of City-wide seniority, the least senior employee based on total continuous employment shall be laid off first and any subsequent layoff shall proceed to the next least senior;
3. Ties in Seniority:Where the total and continuous employment of two (2) employees are of the same length, seniority shall be decided by the drawing of lots.
D. Voluntary Reduction of Class
An employee so laid off may choose voluntary reduction of class so as to avoid layoff.
1. Such voluntary reduction can be to a lower class of previous standing or to a lower class in the same occupational grouping (See Section 2.1).
2. If the voluntary reduction in class causes a layoff in the lower class, such layoff shall follow the provisions of this section.
E. Recall
Employees who laterally transfer, take a voluntary reduction or are laid off pursuant to the provisions of this section shall have their names entered onto a recall list for the classification of original standing.
1. Such list shall be in inverse order of layoff, lateral transfer or reduction.
2. A recall list shall be kept by the Civil Service Commission and shall be used when any vacancy for that class is to be filled.
3. The list shall be maintained until all names have been offered an opportunity for recall or at the end of two (2) years, whichever occurs first.
4. The appointing authority shall offer appointment to the first name on said list. If the individual accepts, he or she shall be appointed. (After sixty [60] days from the date of layoff the employee 229
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may be required to take a medical examination so as to ensure the employee is medically and mentally capable of performing the duties of the class. The individual shall still be required to meet the minimum standards of the class.)
F. Layoff from Other Representation Units
In the case of a layoff in a classification not covered by this agreement, an employee who had previous employment in a classification covered by this agreement shall have the same rights as listed in subsection c), provided, however, that such an employee's seniority shall be based solely upon total employment in classifications covered by this agreement.
SECTION 7.5 INACTIVE STATUS
Subject to the approval of the employee's Departm ent Head, the City Manager and the Civil Service Commission, an employee may request inactive status.
A. Such a request must be made before the termination of an employee or within thirty (30) days of such termination.
B. Inactive status shall continue for no more than one (1) year.
C. Inactive status shall qualify a past employee to be certified as a name in addition to the five (5) open or three (3) promotional eligibles for a vacant position in the classification from which he was terminated.
D. All employee benefits shall not accrue during such inactive status and the employee shall have a break in continuous employment.
SECTION 7.6 CLASSIFICATION STUDIES
A. The City retains the right to conduct and prepare classification studies. The City retains the absolute right to reallocate budgeted funds from vacant positions.
B. Whenever the City wants to revise a class specification, the following will occur:
1. The City will send a copy of the proposed revi sed class specification to TME both electronically (via e-mail to the union president) and by mailing a hard copy to the address specified for Union notices in Section 11.1.
2. TME will, within 14 days of the date that the revised class specification was sent, inform the City in writing (to the address identified in this agreement for the City to receive notices) whether it:
a. Agrees to the revised class specification; or
b. Wants to meet and confer over the proposed changes to it.
If the parties reach an agreement on the revised clas s specification, it will then be submitted to the Civil Service Commission for review and then submitted to the Torrance City Council for final approval.
3. If TME informs the City that it wishes to meet and confer, it will, within the same letter (requesting to meet and confer) inform the City of the dates within the next 30 days (from the date of the letter) that it is available to meet and confer.
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4. Upon receipt of the request to meet and confer letter from TME, the City will inform TME of the dates that are available over the next 30 days to meet and confer.
5. The parties agree that they will try to reach an agreement as expeditiously as possible and hope that multiple meetings are unnecessary. However, given that an agreement may not occur, the parties agree to meet at least twice a week for at least four hours per meeting during the 30 day period after the City receives notification from TME of its request to meet and confer. The 30 day period (to negotiate over the class specification) may be extended if mutually agreed by both parties. In fact, since negotiations will also in clude compensation for the proposed classification, the parties agree to extend the negotiations by an additional 60 days (only if necessary, for a total of 90 days) for the purpose of negotiating regarding proposed compensation of the class specification. The parties agree that the first 30 days is to negotiate over the class specification itself and the additional 60 days is to give the parties the time to gather information on compensation and engage in meaningful negotiations regarding compensation of the class specification. For the additional 60 day period, the parties agree to meet as necessary to complete the process within that time frame.
6. If the parties reach an agreement on the revised clas s specification, it will then be submitted to the Civil Service Commission for review and then submitted to the Torrance City Council for final approval.
7. If at the end of 30 days for negotiations on the class specification and the additional 60 days for negotiations on proposed compensation (or when either side believes negotiations are completed when mutually extended) the parties do not reach agreement on the revised class specification, the parties agree to resolve their impasse in accordance with this article, not the City’s impasse procedure. Both parties specifically agree that this procedure is the sole and exclusive method for revising class specifications (including proposed compensation for the proposed classification) and that neither the City nor the Union can go trough the impasse resolution process to resolve differences over class specifications. The parties agree to utilize a Fact Finder in accordance with the following timeline:
a. Selecting a fact finder within ten (10) days. If the parties cannot agree on a fact finder within the same ten (10) day period, the parties will request a list from the State Mediation and Conciliation service of individuals qualified to serve as fact finders and shall engage in a striking process until a fact finder is chosen. (If using the State Mediation and Conciliation service, the parties will request “expedited availability-arbitrators” who have indicated they typically have at least five open dates within the 60-day period after appointment.)
b. Participating in the fact finding process within (sixty) 60 days. If the chosen fact finder cannot agree to be available to conduct the fact finding within sixty (60) days of contact by both parties, the parties agree to immediately contact the last person stricken from the prior list. If that person is similarly not available to complete the fact finding within sixty (60) days, the parties agree to contact the next person stricken until such time as one of the individuals on the list indicates that he or she can conduct and complete the fact finding within sixty (60) days.
c. Preparing and submitting the final report by fact finder within (thirty) 30 days The parties agree to inform the proposed fact finder, that according to their agreement, the fact finding report must be issued within thirty (30) days.
d. The 100 day fact finding period may be extended if mutually agreed by both parties. While 100 days is the agreed upon time frame for completion of the fact finding procedure, both parties recognize the need for flexibility. Therefore, days allotted for each segment of the 231
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procedure may be carried over to the next segment or borrowed from the next segment.
At the end of the entire process, if additional time is required for the final report, either party may extend the segment by an additional seven days without consent.
8. Following the fact finding process, the City will submit the proposed revised class specification, individual positions by City and the Union, and the report of the fact finder to the Civil Service Commission for review and decision. The subject of compensation is not within the jurisdiction of the Civil Service Commission. As such, the Commission will not make any decisions regarding compensation. The decision of the Civil Service Commission (including the report of the fact finder and relevant material) will be submitted to the Torrance City Council for final decision. The Council’s decision will include a decision regarding the proposed class specification and compensation based on the information (the report of the fact finder and relevant material) presented to it.
9. A maximum of four (4) revisions may be made to class specifications during the term of this agreement. Additional revisions to class specifications may be if mutually agreed by both parties.
10. By agreeing to the above procedure, the parties hope to expeditiously agree on or reach resolution of differences regarding class specifications.
C. In the event of a modification of a class specification, the City and the employee group will meet and confer with regard to the status of the incumbents and their hours, wages and working conditions. A permanent incumbent employee in a current classifi cation covered by the agreement will not have wages and/or benefits reduced as a result of the above actions.
D. Either party may request a study of a particular position or series of positions during the life of this agreement. In any event, TME-AFSCME shall be notified prior to the studies.
SECTION 7.7 PERSONNEL FILES
TME-AFSCME and management agree to incorporate Labor Code Section 1198.5 into this agreement by reference. This section relates to employee access to his/her personnel file.
SECTION 7.8 WORK RULES
The City shall have written work rules for each Department. Such rules shall be transmitted to TME- AFSCME Local 1117 upon any revisions. No rules relating to wages hours, benefits and working conditions shall be changed or otherwise modified without meeting and conferring.
SECTION 7.9 USE OF CITY VEHICLE
The use of an assigned City vehicle shall be for City purposes only and misuse shall be grounds for disciplinary action.
SECTION 7.10 SENIORITY
Seniority will be defined as hire date with the City of Torrance for all purposes, including but not limited to overtime, and bidding for overtime, as referenced in Section 6.1(F), and shift assignments, vacation and layoff. In the case of two or more employees who were hired on the same date, the employees will flip a coin in the presence of the Union President or designee.
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ARTICLE 8 - GRIEVANCES
SECTION 8.1 DEFINITION OF GRIEVANCE
A grievance is a complaint by one or more employees concerning the application or interpretation of ordinances, rules, policies, practices or procedures within the scope of this agreement affecting the employee's wages, hours and working conditions.
SECTION 8.2 SCOPE OF GRIEVANCE PROCEDURE
This procedure shall be used to resolve every grievance for which no other methods of solution are provided by law; provided, however, that it shall not include a complaint arising from disciplinary action.
SECTION 8.3 THE GRIEVANCE PROCEDURE
A. First Step: Supervisory Level
1. The employee(s) and/or the representative(s) sha ll notify the supervisor that he/she/they are bringing a grievance.
2. The grievance may be presented orally or in writing. If the grievance is presented in writing, it must be on the grievance form. The employee(s) or representative(s) must complete each section of the form. If the form is not complete, it will be returned to the employee(s) or representative for completion. The timeline will be extended for five (5) working days to complete this task.
3. The aggrieved employee(s) and/or a representative shall meet with the employee's immediate supervisor.
4. The immediate supervisor may ask for a superior to participate.
5. If a grievance is not resolved by the end of the fifth full working day, after being received by the immediate supervisor, the employee may within ten (10) working days appeal in writing to the Department Head on a form provided by the City.
6. If a grievance is against a Department Head, the employee shall appeal in writing to the City Manager.
7. Copies of grievances filed at this level of the grievance procedure will be sent to the president of TME Local 1117.
B. Second Step: Department Head Level
1. The aggrieved employee(s) and/or a representative(s) shall meet and consult with the employee's Department Head, or City Manager if grievance is against Department Head.
2. The Department Head may have the employee's superiors present at such conference.
3. If the grievance is not resolved by the end of the fifth (5 th) full working day after being received by the Department Head, the employee may within ten (10) working days appeal in writing to the City Manager.
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C. Third Step: City Manager Level
1. The aggrieved employee(s) and/or a representative(s) shall meet and consult with the City Manager or a designee.
2. The City Manager may require the Department Head to be present at such conference.
3. If grievance is not satisfactorily resolved by the end of the fifth (5th) full working day after being received by the City Manager, the employee may, with the concurrence of TME, appeal in writing within ten (10) working days to the City Manager for binding arbitration. If the employee fails to appeal, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration.
D. Fourth Step: Arbitration
1. As soon as is practicable, and in no case later than ten (10) working days after receipt of an appeal, the City Manager or designee shall request a list of seven (7) names from the American Arbitration Association or the State Mediation and Conciliation Service. The parties shall alternate between the American Arbitration Association and State Mediation and Conciliation Service.
2. Representatives of TME-AFSCME and Management will select an arbitrator within three working days from receipt of the list. If agreement cannot be reached from among these names, each of the parties shall strike names from the list in rotation until only one name remains. Priority in striking shall be decided by the flip of a coin.
3. The decision of the Arbitrator shall be final and binding. Such decision shall not add to or otherwise modify the language of this agreement.
4. Cost of arbitration shall be equally shared by the parties.
SECTION 8.4 GENERAL GRIEVANCE PROVISIONS
A. All time periods specified in this Article may be extended by mutual consent of the aggrieved employee(s) or his representative(s) and the Management representative involved and must be done in writing.
B. The aggrieved employee(s) and representative(s) s hall be allowed reasonable time off to participate in the grievance proceedings without loss of pay for the time so spent. (For the purpose of Workers' Compensation and retirement, any City employee involved shall be considered on duty during any grievance procedure.)
C. A grievance shall be considered untimely if not presented by the employee within thirty (30) calendar days of the alleged grievance or within thirty (30) days of its effect upon the employee in those instances where it is shown that the employee could not reasonably have known of the grievable action.
D. Written grievances shall be on a form provided by the City.
E. Management will notify TME-AFSCME of any griev ance involving the terms and conditions of this Memorandum of Understanding.
F. The TME-AFSCME representative has the right to be present at any formal grievance conference concerning a grievance that directly involves the interpretation or application of the specific terms and provisions of the Memorandum of Understanding.
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G. Employees are assured freedom from reprisal for using this grievance procedure.
H. An employee who has initiated a grievance or assisted another employee in initiating and/or processing a grievance shall not in any way be coerced, intimidated or discriminated against.
I. If the City fails to respond within any of the timelines set forth above, the grievant may proceed automatically to the next step.
J. All parties shall participate in good faith at each step of the of the process. Failure to do so may result in the grievance being denied.
SECTION 8.5 STEWARDS
A. Annually on November 1, TME-AFSCME will s ubmit to the Human Resources department and City Manager a written list of employees who have been selected as stewards. Any additional list shall be transmitted to the Human Resources department and the City Manager upon additions and/or deletions of stewards. The number of stewards assigned to the City work sites shall be determined by TME-AFSCME. The list shall be kept current by TME.
B. When attendance at a formal grievance conference is requested or required, the stewards shall first obtain permission from their immediate supervisor and inform the supervisor of the nature of the business.
C. Upon entering other work locations, the stewards shall inform the supervisor in charge of the nature of the steward's business.
D. The officially designated on-site steward or alternate may, with the permission of his/her supervisor, be released from duties one-half hour early for the purpose of reviewing personnel file(s) necessary for the processing of grievances/disciplinary matters. Such review must have the written authorization of the employee(s) involved and must be coordinated with the Personnel Department prior to the review.
E. TME-AFSCME LOCAL 1117-AFSCME agrees that a steward shall not receive additional compensation for the time spent performing any function of a steward.
ARTICLE 9 - GENERAL
SECTION 9.1 SECURITY PROVISIONS
A. The following agency shop provision shall apply to employees in all classifi cations listed in this agreement.
1. No later than thirty (30) days from the beginni ng date of employment each employee shall either become a member of Torrance Municipal Employees, AFSMCE Local 1117 (hereinafter referred to as TME) or pay to TME a service fee of ninety percent (90%) of the monthly dues and general assessments of TME.
Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financia lly supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee shall be required, in li eu of periodic dues, initiation fees or agency 235
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shop fees, to pay sums equal to the dues to a non religious, non labor charitable fund exempt from taxation under Section 501 c (3) of the Internal Revenue code, chosen by the employee from the below list of funds.
Brotherhood Crusade
United Way
Mothers in Action
An authorization card will be distributed by TME-AFSCME LOCAL 1117 during the new employee orientation meeting.
B. The City will provide to TME AFSCME Local 1117 a listing of all new employees, their classifications, departments and department \division telephone numbers within two weeks of their hire date.
C. The City shall deduct the dues, service fee or charitable contribution from the check issued during the second pay period of each month of each employee in the bargaining unit as specified by TME- AFSCME under the terms contained herein.
D. The City shall also apply this provision to every permanent employee who transfers into this representation unit after July 30, 1989, within 60 calendar days of the transfer.
E. TME-AFSCME LOCAL 1117 agrees to indemnify, defend and hold the City free and harmless from any and all liability and claims for damage by any persons including, but not limited to, employees in classifications covered by this agreement, regarding this section. It is also agreed that neither any employee nor TME-AFSCME LOCAL 1117 shall hav e made any claim against the City for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the City within thirty (30) calendar days after the date such deduction were or should have been made.
F. Any employee who has initially elected to pay a service fee or make a charitable donation instead of becoming a member of TME-AFSCME LOCAL 1117, and subsequently desires to become a member in good standing of said organization, may, without penalty, begin payment of full union dues beginning with the next payroll period and continue such membership during the effective life of this agreement.
G. Every employee represented by TME-AFSCME LO CAL 1117, upon hire by the City, shall be provided with a packet of information relevant to TME-AFSCME LOCAL 1117 membership and organizational activities. Such packet, prepared by TME-AFSCME LOCAL 1117, shall include the name of the employee organization president, and shall be approved by the City for relevant content prior to distribution.
H. TME-AFSCME Local 1117 shall keep adequate and itemized record of its financial transactions and shall make available annually to the City Manager or his designee of the City of Torrance, and to all unit employees, within sixty (60) calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of balance sheet and an operating statement, certified as to its accuracy by its president and the secretary-treasur er or corresponding principal officer, or by a certified public account.
SECTION 9.2. NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND
DISCRIMINATORY HARASSMENT
A. The City and TME-AFSCME Local 1117- support the concept of equal employment opportunity.
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B. Neither the City nor TME-AFSCME Local 1117- s hall discriminate on the basis of age, sex, marital status, disability, medical condition, race, color, national origin, religion, sexual orientation, union affiliation, or political affiliation.
C. The City and TME-AFSCME Local 1117 agree that they will work to ensure a working environment free of discriminatory harassment.
D. If the employee has a complaint based on discrimination, he/she may make a complaint under Administrative Memo 18 or make a complaint to the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission or file a grievance alleging a violation of the contract.
SECTION 9.3 JOB ACTION
A. TME-AFSCME and its members agree that during the term of this agreement there shall be no strike, slowdown, concerted use of sick leave or other concerted job action.
B. In the event of an unauthorized job action, the City agrees that there will be no liability on the part of TME provided the employee organization promptly and publicly disavows such unauthorized action; orders the employees to return to work and attempts to bring about a prompt resumption of normal operations; and provided further that the employee organization notifies the City in writing within forty- eight (48) hours after the commencement of such job action what measures it has taken to comply with the provisions of this section.
C. In the event such actions by the employee organization have affected resumption of normal work practices, the City shall have the right to take appropriate disciplinary action against individual employees participating in the concerted job action.
SECTION 9.4 TRAINING
A. Job Training
During the life of this agreement, the representatives of TME-AFSCME and Management will jointly develop a training program. The intent of this program will be to encourage upward mobility and to develop the full potential of the employee.
B. Special Training
$1,700 shall be made available to provide training regarding upward mobility. Such shall be jointly administered by Management and TME.
C. The City shall work in cooperation with TME with employees interested in specific skill training to make equipment and assistance available where possible for training during the employees off duty hours.
D. In addition, there will be a one-time amount added to the contract in the amount of $8,935 to be used for the purchase and distribution to its members the ”California Public Employee Relations Program” easy Reference Series Pocket Guides.
E. Additionally, an annual amount of $1000, shall be budgeted for the purpose of training employees covered by this agreement. The fund may be used for employee training, member relations and other employee enhancement programs. Training funds ma y also be used for purchasing materials, equipment or paying training personnel. Training or activities must be done on non-work hours, or when employees use leave time to go to training. TME-AFSCME Local 1117 will submit invoices to 237
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the City itemizing the disbursement request The City will have the right to review such disbursement request.
SECTION 9.5 EMPLOYEE RELATIONS LEAVE
An amount equal to 22 work shifts (or 198 hours for the combined TLEA, TME-AFSCME Local 1117 organization) per fiscal year shall be available for employees to participate in Employee Relations Leave outside the City. If the 198 hours are used up, and if there is a convention that requires the use of additional hours, impacted employees may ask their Department H eads for permission to use up to an additional 3 shifts (27 hours) with the concurrence of the City Manager or designee. This 27-hour amount is not subject to carry over if unused.
The City will track these costs and any amount request ed over this amount may be taken, but employees must then use their own accrued time such as vacation or compensatory leave or attend meetings without pay. Unused hours from the previous year can be carried over and will be used first in subsequent years; however maximum shifts used in any one year can never exceed 30 shifts (or 220 hours). The three discretionary shifts subject to Department Head and City Manager approval cannot be carried over.
SECTION 9.6 CIVIL SERVICE EXAMINATIONS
Any employee who has applied for and been notified of acceptance to take a Civil Service examination for a City of Torrance position, may take paid time off to take the examination if it takes place during his/her regular work shift. The employee, however, must give seventy-two (72) hours’ notice to his/her supervisor of the examination in order to receive pay. (Copy of Civil Service appointment slip is appropriate notification.)
SECTION 9.7 WELFARE TO WORK
Duties normally performed by employees represent ed by AFSCME Local 1117, shall not be assigned to welfare recipients, welfare to work participants or any public, private or nonprofit organization using the services of welfare recipients. Such individuals shall displace no AFSCME Local 1117 represented employees. Displaced shall be defined as partial displacement such as reduction in hours of work, wages or employment benefits.
SECTION 9.8 FAMILY-SCHOOL PARTNERSHIP LEAVE
The parties agree that they will adhere to the State Law (Labor Code Section 230.8) allowing 40 hours (a maximum of eight hours per month) of unpaid (however, employees may use accrued vacation or compensatory time) participation per calendar year to participate in children’s school activities, including licensed day care. Employees are required to provide reasonable notice and, if requested, documentation.
ARTICLE 10 - MISCELLANEOUS
SECTION 10.1 MONTHLY MEETINGS
A. Management and TME-AFSCME agree to meet monthl y to discuss any issues which may be brought forward by either party. The meetings shall on the first (1 st) Thursday of the month at a time and location agreeable to both parties. Any meeting may be canceled or rescheduled by consent of both parties.
B. Requests may be made for meetings to be held between stewards and/or executive board members and employees covered by this agreement. Upon request of the AFSCME departmental steward or 238
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executive board member, management will make every effort to provide a meeting room in close proximity to the department location. The request from the employee organization must be made to management in writing at least 72 hours in advance. Meetings shall be held before or after working hours and shall normally take place no more than once per month. Management will allow the employee organization to post notices on the meetings at least one day in advance.
ARTICLE 11 – NOTICE
SECTION 11.1 NOTICE
A. Notices to City. The address for all Notices (hereinafter defined) given by the Union to City shall be:
City of Torrance
City Manager's Office
Attn: Chief Labor Negotiator
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-5891
B. Notices to the Union. The address for all Notices, dues payments, written correspondence or any other documents hereunder given by City to the Union shall be:
President
TME-AFSCME Local 1117
P.O. Box 444
Torrance, CA 90508
(310) 516-1645
SECTION III SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
INTRODUCED, APPROVED AND ADOPTED this 22nd day of April 2025,
________________________________
George K. Chen
Mayor of the City of Torrance
ATTEST:
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Rebecca Poirier, CMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
CITY ATTORNEY
B y
Tatia Y. Strader
Assistant City Attorney
ATTACHMENT A
CITY OF TORRANCE
PERSONNEL DEPARTMENT PROCEDURES AND RULES REGARDING
LONG TERM DISABILITY PLAN AND PARTIAL DISABILITY
I. PURPOSE
To provide a uniform approach for administering the City's Long Term Protection Plan.
II. DEFINITIONS
1. "Injury" means bodily injury caused by a non- industrial accident occurring while the employee is employed by the City.
2. "Sickness" means non-industrial sickness or di sease causing loss of employment while the individual is employed by the City.
3. "Total Disability" means the substantial inability or physical incapacity of the employee to engage in his/her regular occupation or an occupation of similar compensation as a result of non-industrial sickness or injury.
4. "Partial Disability" means the substantial i nability or physical incapacity of the employee to engage, except on a half-time basis, in his/her regular occupation or an occupation of similar compensation as the result of non-industrial sickness or injury.
5. "Regular Care and Attendance" means observation and treatment to the extent necessary under existing standards of medical practice for the condition causing the disability.
III. BENEFITS UNDER THE CITY PROGRAM
1. Total or Partial Disability
If an injury or sickness results in continuous total disability or continuous partial disability or combination of both, the employee while covered hereunder, who requires "regular care and attendance", shall receive from the City the monthly benefit. The monthly benefit will terminate on the earliest of:
a. The date of death of the employee;
b. The date benefits have been incurred for the maximum benefit period;
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c. The date the employee retired (provided, however, that the employee shall receive a total of the monthly benefit related to a combination of both retirement and long term disability benefits if totally or partially disabled to the normal expiration of benefits);
d. The date the employee ceases to be totally or partially disabled;
e. The date specified in a settlement agreement between the employee and the City. The employee shall be eligible for benefits as noted below:
Full-time Employment
Two (2) months
= Full-time LTD
One (1) month
Full-time Employment
One (1) month
= Part-time LTD
One (1) month
Part-time Employment
Four (4) months
= Full-time LTD
One (1) month
Part-time Employment
Two (2) months
= Part-time LTD
One (1) month
2. Recurrent Disability
a. If, following a period of disability due to sickness or injury, for which the Monthly Benefit was payable under the program, the employee shall resume duties of his or her regular occupation for a continuous period of one year or more, any subsequent disability resulting from or contributed to be the same cause or causes shall be considered as a new period of disability.
b. If the injured employee resumes the duties of his/her regular occupation for less than one year period of time, the following shall apply:
1. A subsequent disability resulting from the same cause shall be considered a continuation of the original incident. The employee shall be eligible for the length of time specified in the Long-Term Disability Benefit section of the Resolution less that amount of time previously utilized for the same incident.
2. An employee who sustains a subsequent disability resulting from a new cause shall be eligible for one month of benefits for each two months of service worked in the intervening period of time plus any earned time remaining from the initial incident.
c. The determination as to whether a disability is a new incident or a continuation of an original incident shall be subject to verification by medical authority and appropriate supporting medical documentation.
IV. REDUCTIONS
1. The monthly benefit otherwise provided under this program for any period shall be reduced by any amount received by or due to be received by the employee from the following sources for the same period so that the total combined amount shall not exceed the employee's base pay:
a. Any State or Federal Government Disability or Retirement plans; b. Salary or wages paid by the employer or other employer; c. Worker's Compensation or any similar law;
d. Any total disability and total and permanent disability provisions of any insurance policy; and
e. Unemployment insurance.
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V. TERMINATION OF COVERAGE
1. The coverage of any employee shall terminate on the earliest of the following dates:
a. The date the program is terminated by mut ual agreement of the employee groups and the City of Torrance;
b.2 The date the employee leaves or is dismisse d from the employment of the employer, is retired or leaves the representation groups covered by the Master Resolution.
c. The date of entry of the employee into military service except for temporary duty of 30 days or less.
2. Such termination shall be without prejudice to any pre-existing total disability claim of the employee except as agreed to between the parties in settlement.
VI. EXCLUSIONS
1. The program does not cover disability:
a. Resulting from any intentionally self-inflicted injury;
b. Caused by or resulting from service in the Armed Forces of any country, except for temporary active duty assignments of not more than 30 days.
c. Resulting from any act of war, declared or undeclared;
d. Resulting from participating in or consequence of have participated in the committing of a felony.
2 Monthly benefits may extend beyond the termination date of employment for the maximum benefit period, provided, however, that insurance coverage was in effect at the time the injury/illness was sustained. 242
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ATTACHMENT B
CATASTROPHIC LEAVE PROGRAM
(Revised June 29, 2017)
Purpose
The purpose of this Catastrophic Leave Program is to allow employees to assist another employee during times of personal crisis when serious illness or injury has incapacitated him/her or a family member and the employee is therefore unable to work. It can also be used for employees who suffer catastrophic illness or injury who must undergo intermittent medical treat ment such as chemotherapy. This program is solely for employees whose accrued leave balances have been exhausted.
Policy
The Catastrophic Leave Program allows an employee to transfer eligible leave hours (vacation, sick leave, compensatory time and/or administrative leave) to another employee when a catastrophic illness or injury occurs. A catastrophic illness or injury is defined as a serious health condition which substantially incapacitates an employee or qualifying family member, or which forces the employee or family member to undergo ongoing or lengthy substantial medical treatmen t. The illness or injury further creates a financial hardship because the employee has or will exhaust all leave time. For the purpose of the Catastrophic Leave Program, qualifying family member shall m ean an employee’s parents, step parents, spouse, registered domestic partner, children and stepchildren.
An employee will not be eligible for catastrophic leave until he/she has exhausted all leave time, including sick leave, vacation, compensatory time and administrative leave.
Donated hours may be used under the following situations:
To cover the elimination period before short-term and/or long-term disability benefits begin To supplement short-term and/or long-term disability benefits To cover the time used on unpaid Family Leave
Procedures / Guidelines for Using Catastrophic Leave
1. Leave of Absence paperwork 3 must be submitted to the Human Resources Department. It should include medical certification of a serious health condition per the FMLA guidelines and the dates the employee expects to be absent. The leave must be approved by the Department Head and the Human Resources Director.
2. Verification of illness or injury of the employee or qualifying family member must be provided in writing by the treating physician on the City provided forms.
3. The employee or representative makes a request for catastrophic leave donations to the employee’s department. The City Manager’s Office is then notified and advertises the donation request via e-mail.
4. The period of absence will be determined by the written verification of the employee’s or family member’s physician and will not be based on the number of hours donated. Employees who are approved for the Catastrophic Leave Program due to a qualifying family member’s catastrophic illness/injury may use
3 Leave of Absence Paperwork consists of “Request for Leave of Absence” form and either a form for personal illness or a “Family Medical Certification” form (for family illness). 243
TME-AFSCME MOU 2025-2028 56
donated time for a maximum of 12 weeks during a rolling one year period, as is allowed by the Family and Medical Leave Act.
5. Employees who are approved for the Catastrophic Leave Program due to a qualifying family member’s catastrophic illness/injury may use donated time for a maximum of 12 weeks during a rolling one-year period, as is allowed by the Family and Medical Leave Act.
6. Employees must exhaust all personal leave hours (vacation, sick leave, etc.) prior to using any donated hours.
7. Employees will not accrue vacation, sick leave, or service time while using donated hours.
8. Donated hours may not be converted to cash (“cashed down”).
9. The catastrophic leave bank will be closed and no further donations will be accepted under the following conditions:
The ill/injured employee returns to work full time, or The 12 weeks of Family Leave have been exhausted, or
The ongoing, intermittent treatment program has been completed.
10. Donated hours will be based on the real value of leave time donated. If a donor employee makes less than the receiving employee, the real value of the donated hours will also be less, and therefore, the number of Catastrophic Leave paid will be less than the number of hours donated.
In these cases, any unused donated balances will be returned to the respective donating employees.
Any subsequent illness after the close of the bank will require a new request and approval.
Procedures/Guidelines for Donating Hours
1. Employees who wish to donate eligible leave hours must complete a Catastrophic Leave Bank Transfer Authorization form.
2. Donations of Catastrophic Leave hours are made on a voluntary basis.
3. All donated time must be in increments of one hour or more.
4. Donations of leave hours, once used, are irrevocable and become part of the receiving employee’s leave bank.
5. Employees with less than 40 hours of sick leave may not donate sick leave hours. This provision may be waived by the City Manager if a donating employee has given notice of terminating employment with the City and there is a current qualified Catastrophic Leave Bank recipient.
Confidentiality
To protect the confidentiality of the program, the names of individuals who donate will not be released. The exact amount of hours donated will be provided to the receiving employee upon request for the purpose of computing the length of time to be covered by the catastrophic leave bank. 244
TME-AFSCME MOU 2025-2028 57
ATTACHMENT C
TRANSIT RUNS
In order to meet the requirements of applicable State laws, the following modifications to the methods of assigning transit runs are agreed to:
1. Full time, permanent bus operators will continue to bid and operate all biddable runs, which includes the scheduled overtime in each run.
2. Full time, permanent bus operators will also bid and operate all scheduled vacation relief runs. This includes runs bid by the annual vacation bidding process, including 6 long term vacation periods and 3 short term vacation periods taken by regular full time bus operators. (This represents up to nine persons on vacation per day)
3. Other runs, up to a total of 500 hours per week (200 for the CBO's runs, and 300 for other runs), which come open as a result of industrial leave, sick leave, jury duty, excused, unexcused and other operator absences, plus other factors will be filled by "at will" Relief Drivers based on operational convenience as defined by Torrance Transit management.
4. The current "Extra Board" will no longer exist. The rules pertaining to the extra board will no longer exist. A "vacation board" and a "fill-in board" will replace it. Permanent, full time operators will operate the "vacation board." "At will" Relief Drivers bus operators will operate the "fill-in board."
5. Transit Management and TME will adhere to all applicable laws governing Torrance Transit.
Furthermore, Transit management will monitor drivers on duty time to ensure compliance with the "Rolling 8/80" law.
6. Relief Drivers are described as follows.
a. All current CBO's (Commuter Bus Operators) will become "Relief Drivers" and will be able to drive on any of the runs as outlined above.
b. Additional drivers will be hired in the description of "Relief Drivers" and may be used for the commuter runs or the runs as described above.
c. All "Relief Drivers" will earn an hourly rate as noted in the TME MOU. They will also be covered by the current City contract with TME as it applies to PERS retirement.
d. "Relief Drivers" will be represented by TME. They will be "at will" employees, and as such will have no "Skelly" rights, will not be permanent City employees, and can be terminated for any reason. They are not covered by City of Torrance Civil Service rules and regulations or any other personnel ordinances other than specifically agreed to.
e. Relief Drivers will be covered by the State of California mandates as it applies to Workers Compensation benefits.
7. Transit Management will ensure that every attempt will be made to evenly offer work to all "Relief Drivers." They will, however, have no seniority or bidding rights on the work available.
8. This entire agreement will be reviewed by both parties at the end of twelve months of operation and any necessary modifications will be discussed.
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ATTACHMENT D
CITY OF TORRANCE AGREEMENT FOR AB98
August 17, 2005 at 4:10 p.m.
A. Upon agreement by both parties, Management will re-e stablish the former schedule. The bid will start the day following the agreement with the new runs starting the beginning of the pay period.
B. The City agrees to establish a Joint Labor/Management Committee as specified in Transit Work Rules Article 3, Section 3.6. Labor representatives will be comprised of three permanent bus operators, and one lead bus operator appointed by the President of the Union.
C. Operators will be able to drink water while the bus is not in motion. All operators shall be allowed to drink water only, in a transparent plastic bottle (not to exceed 20 oz.) containing a sports cap or screw top lid.
D. Upon agreement by both parties by 5:30 p.m. on August 17, 2005, all operators will receive a one- time signing bonus of $500 dollars on a separate check (taxes will be paid at the end of the year by the operators).
E. One (1) fifteen (15) continuous minute rest/meal break will be provided to all bus operators on straight runs except Line 9 throughout the course of their shift approved by Dispatch. If an operator is running late for their break, they will be required to follow Departmental procedures by pressing the “Status 3” button on the radio. Once at their layover, they will contact Dispatch and indicate their status and the minutes down. Dispatch will make appropriate adjustments to the operator’s schedule and allow a fifteen (15) minute break. The Labor/Management Committee will meet within the next two (2) weeks to discuss adjustments to Line 9. Adjustments to Line 9 will be made to afford operators a fifteen (15) minute rest/meal break by December 31, 2005.
F. The Torrance Transit System and TME-AFSCME Local 1117 agree that the Torrance Transit System is exempted from Wage Order 9, and all conditions required in the Order have been met. TME- AFSCME Local 1117 will not bring any grievance, suit or other claim on behalf of itself or any of its members against the City or any subdivision thereof on the grounds that the City or its subdivision has violated Wage Order 9 or AB98 as of August 17, 2005.
G. The Torrance Transit System and TME-AFSCME, Local 1117 agree that all conditions required in the Order, for the Torrance Transit System to be exempted from the Order are met, as set forth below:
1. TME-AFSCME, Local 1117 is a valid labor organization that represents the classification of Bus Operators at Torrance Transit System.
2. The TME-AFSCME, Local 1117 and Torrance Transit System have a valid collective bargaining agreement for Bus Operators at Torrance Transit System.
3. The collective bargaining agreement provides for binding arbitration for all disputes arising out of the collective bargaining agreement.
4. Any disputes regarding this section shall be the subject to the Grievance provisions of the MOU. 246
TME-AFSCME MOU 2025-2028 59
ATTACHMENT E
CITY OF TORRANCE MECHANICS' TOOLS SELF-INSURANCE PROGRAM
EMPLOYEE RESPONSIBILITIES
Inventory List
Each employee must fill out and submit to the Fleet or Transit Service Manager a list of ALL tools personally owned and used in the course of employment with the City. Any tool omitted from the list will not be covered under this insurance program. In addit ion to the inventory list, the employ ee must submit photos of all tools to be covered under this program.
It is the responsibility of each employ ee to keep updated inventory lists and phot os of his tools on file with the City. As new tools are purchased and added to the employee's inventory list, a copy of the receipt for those tools must be submitted to the Manager along with the update to the inventory Inventory lists and photos must be submitted to the appropriate Manager within 60 days of the employee's start date with the City.
Claim For Loss
An employee may submit a formal Claim for Loss form when a loss exceeds the $200 deductible. If available, the receipt for the purchase of the lost tool(s) must be attached to the claim form.
Release Of Claims
Upon agreement by the City to pay for a loss, the employee must sign a Release of Claim form. Once this form is signed by the employee, the City will be released from any further liability regarding this particular claim.
RULES AND GUIDELINES
Property Insured
Subject to the terms, conditions and exclusions hereinafte r contained, this policy insu res from loss those tools required by the City for the employee to purchase and use during the performance of his duties as an Equipment Attendant, Mechanic, Senior Mechanic or Senior Welder. Tools must be it emized on the attached inventory list form in order to be covered under this policy, and said form filed with the City along with pictures of the tools.
Definition
Wherever the term "LOSS" is used it shall mean theft.
Exclusions
Tools not inventory listed on the inventory list form Tools not stored or used at the City Yard
Territorial Limits
This policy coverage is valid only within the limits of t he City Yard and in City vehicles when in use on City business.
247
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Misrepresentation And Fraud
This coverage shall be void if, whether before or af ter a loss, the employee ha s concealed or misrepresented any material fact or circumstance c oncerning this insurance or the subj ect thereof, or the interest of the employee therein, or in case of any fraud or false swearing by the employee relating thereto. Presentation of a false claim is a felony (CA Penal Code Sec. 72).
Notice Of Loss
1. The employee shall report in writing to Risk M anagement within 30 days of discovery of loss which may give rise to a claim under this coverage.
2. The employee shall also file a report with the Torrance Police Department (or other law enforcement agency if loss is from a City vehicle while in another jurisdiction) within 30 days of discovery of loss.
3. The employee shall file a formal Claim for Loss with the City within 60 days of discovery of loss.
Valuation
The City shall not be liable bey ond the actual cash value of the tool at the time any loss occurs; the loss shall be ascertained or estimated according to cash value with proper deduction for deprec iation. In no event shall the value exceed what it would cost to replace the tool with same of like kind and quality.
Settlement Of Loss
All claims shall be paid or made good to the employee wi thin 90 days after presentation to and acceptance by the City of satisfactory proof of interest and loss. No loss shall be paid or made good if the employee has collected the same from others.
Pair Or Set
In the event of loss of any tool or tools which are a part of a pair or set, the measure of loss of such tool or tools shall be a reasonable and fair proportion of the total val ue of the pair or set, gi ving consideration to the importance of said tool or tools. In no event shall such loss be construed to mean total loss of the pair or set.
Parts
In the event of a loss of any part of tools consisting of several parts, the City shall only be liable for the value of the part lost.
Limit Of Liability
The City shall not be liable beyond the cash value of the tool or tools.
Deductible Amount
A $200.00 single loss deductible shall apply to each claim for loss.
Identification
The City encourages that each employee's personal tools be marked with the employees personal mark or initials.
248
TME-AFSCME MOU 2025-2028 61
ATTACHMENT F
Request for Release Time Form
In accordance with your MOU, the City and the Union have agreed to utilize this form for the use of all Release Time.
Instructions: Please send a copy of this completed form (e-mail acceptable) to:
1. Your immediate supervisor
2. City Manager Designee ([email protected])
3. President, AFSCME Local 1117
Date Submitted ________________________________________________________
Employee Name _______________________________________________________
Immediate Supervisor ___________________________________________________
Department/Division ____________________________________________________
Release Date(s) Requested ______________________________________________
Scheduled Meeting Time(s) ______________________________________________
Location of Meeting _____________________________________________________
Purpose (Check appropriate box)
Negotiations/Meetings with Management
Hearings
Meetings to Represent Employees
Executive Board Members (TME-TLEA-AFSCME only)
Other (Executive Board Member attendance at New Employee Orientation, Civil Service Commission Meeting, or City Council Meeting)
Signature Line for Supervisor ________________________________________________
Employee Signature _______________________________________________________
249
TME-AFSCME MOU 2025-2028 62
ATTACHMENT G
Street Maintenance Leader Salary Grids
In compliance with the California Public Employees' Retirement System (CalPERS), the following pay ranges are assigned to “Street Maintenance Leader.”
Effective March 1, 2009
Pay Ranges Basis Step 1 Step 2 Step 3
Street Maintenance Leader Hourly 24.76 26.00 27.30
Effective March 8, 2011
Pay Ranges Basis Step 1 Step 2 Step 3
Street Maintenance Leader Hourly 24.76 26.00 27.30
Effective July 27, 2014
Pay Ranges Basis Step 1 Step 2 Step 3
Street Maintenance Leader Hourly 25.26 26.52 27.85
Effective January 1, 2015
Pay Ranges Basis Step 1 Step 2 Step 3
Street Maintenance Leader Hourly 25.76 27.05 28.41
Effective October 4, 2015
Pay Ranges Basis Step 1 Step 2 Step 3
Street Maintenance Leader Hourly 26.79 28.13 29.55
Effective April 14, 2019
Pay Ranges Basis Step 1 Step 2 Step 3
Street Maintenance Leader Hourly 27.19 28.55 29.99
Effective January 5, 2020
Pay Ranges Basis Step 1 Step 2 Step 3
Street Maintenance Leader Hourly 27.46 28.84 30.29
250
TME-AFSCME MOU 2025-2028 63
ATTACHMENT H
Joint Agreement between the City of Torrance and
Torrance Municipal Employees - AFSCME Local 1117 (TME - AFSCME)
TME - AFSCME and representatives of Management (“City”) have met and conferred regarding the Enhanced Recruitment and Retention Incentives Pilot Program.
TME - AFSCME and City hereby agree to the addition of the Enhanced Recruitment and Retention Incentive Pilot Program as follows Effective September 8, 2024:
TORRANCE POLICE DEPARTMENT
ENHANCED RECRUITMENT AND RETENTION PILOT PROGRAM
1. The Torrance Police Department Enhanced Recruitment and Retention Pilot Program (“Pilot Program”) will remain in effect until terminated by the City M anager and is subject to t he limits of the City budget and approved staffing levels.
2. The City Manager may elect to term inate any portion of this “Pilot Program” providing it is not warranted or needed.
3. Paid active status in regard to this “Pilot Program” is defined as receiving payment for hours during which an employee is eligible to receive pay with the exception of hours paid running time.
4. Employees will need to remain on a paid, active status in the Torrance Police Department (“Department”) to be eligible for incremental payments as outlined in Exhibit A.
5. Retention incentives, will be issued over the duration of t he commitment as long as the employee remains on a paid, active status in the “Department.”
6. “Pilot Program” Incentive paym ents shall not be considered pensi onable earnings/compensation.
7. TME - AFSCME LOCAL 1117 and Management agree to revisit “Pilot Program” specifications during the duration of this program.
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TME-AFSCME MOU 2025-2028 64
Exhibit A
Torrance Police Department Enhanced Recruitment and Retention Incentive Program (Torrance Municipal Employees - AFSCME Local 1117)
Effective September 8, 2024
Public Safety Dispatcher Recruitment Incentive – New Hire Maximum Bonus: $10,000 total
Base Amount: $10,000 signing bonus
Payment Structure:
o 50% of total bonus upon hire
o 25% of total bonus upon completion of probation
o 25% of total bonus upon completion of full year following probation
Public Safety Dispatcher Recruitment Incentive – Lateral Maximum Bonus: $40,000 total
Base Amount: $15,000 signing bonus
Escalator Clause:
o Specialized Detail: Additional $5,000 per year, up to a maximum of 5 years ($25,000) to include Communications Training Officer (CTO) and Tactical Dispatcher Payment Structure:
o 50% of total bonus upon hire
o 25% of total bonus upon completion of probation
o 25% of total bonus upon completion of full year following probation
Retention Bonus – Professional Staff
Maximum Bonus: $10,000 per year for five years
Eligibility: Police Department employees in the following classifications are eligible:
o Police Services Officer
o Public Safety Dispatcher
Base Amount: $7,500 annual bonus
Uniform Bonus: $2,500 uniform bonus if permanently assigned as a Police Services Officer. Payment Structure:
o First payment upon initiation of program
o Annual payments occur on anniversary of program start date capped at 5 total payments
252
MEMORANDUM OF UNDERSTANDING
CROSSING GUARD EMPLOYEES
2023-2024
A MEMORANDUM OF UNDERSTANDING SETTING FORTH THE HOURS,
WAGES AND WORKING CONDITIONS FOR EMPLOYEES REPRESENTED
BY THE CROSSING GUARD EMPLOYEES.
An Agreement of the undersigned representatives of the Crossing Guard Employees and the representatives of the City of Torrance (City) that:
The attached Resolution is recommended to the City Council for adoption in its entirety. It covers wages, hours and working conditions for the period of April 20, May 21MONTH DAY, 20253 through June 30, 202 48 and was reached through agreement of the undersigned parties.
Signed this 23rd 22XXrd day of May MONTHApril, 20253
Management Crossing Guards
_____________________________ ____________________________ Ian Dailey David Inez
_____________________________ ____________________________ Jamie Le Kenny Evans
____________________________
Robert Castrellon
____________________________
Bob Adams
Management Crossing Guards
/ s / I a n D a i l e y
/ s / J a m i e L e
ATTACHMENT 5
253
RESOLUTION 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TORRANCE
SETTING FORTH THE WAGES, HOURS AND WORKING CONDITIONS FOR CROSSING GUARD EMPLOYE ES FOR THE PERIOD FROM May 21MONTH DAY,APRIL 20, 202 35 THROUGH JUNE 30, 202 48, AND REPEALING RESOLUTION NO. 201923-537
The City Council of the City of Torrance does hereby resolve as follows:
SECTION I
That Resolution No. 20192023-357 is hereby repealed in its entirety.
SECTION II
The following compensation procedure for Crossing Guard Employees is hereby approved in its entirety to read as follows:
254
Table of Contents
ARTICLE 1 - INTRODUCTION ..................................................................................................................... 1 SECTION 1.1 PREAMBLE .................................................................................................................... 1 SECTION 1.2 OBLIGATION TO MEET AND CONFER ......................................................................... 1 ARTICLE 2 - COMPENSATION PROVISIONS ........................................................................................... 1 SECTION 2.1 METHODS OF COMPENSATION ................................................................................. 1 SECTION 2.2 SALARY RANGES AND CLASS TITLES ....................................................................... 1 ARTICLE 3 - SUPPLEMENTAL BENEFITS ................................................................................................ 2 SECTION 3.1 UNIFORM PROVISIONS ............................................................................................... 2 SECTION 3.2 AUTHORIZED LEAVE .................................................................................................... 3 SECTION 3.3 GROCERY CERTIFICATES .......................................................................................... 3 SECTION 3.4 JOINT LABOR-MANAGEMENT TEAM ..................................................................... 3 ARTICLE 4 - WORKING CONDITIONS ....................................................................................................... 4 SECTION 4.1 HOURS OF WORK ........................................................................................................ 4 SECTION 4.2 PERSONNEL .................................................................................................................. 4 SECTION 4.3 INDUSTRIAL SAFETY ................................................................................................. 43 SECTION 4.4 JURY DUTY .................................................................................................................. 43 SECTION 4.5 EMPLOYEE INFORMATION .......................................................................................... 4 SECTION 4.6 BEREAVEMENT LEAVE ................................................................................................ 5 SECTION 4.7 LEAVE OF ABSENCE .................................................................................................... 5 SECTION 4.8 COMPASSIONATE LEAVE .......................................................................................... 54 SECTION 4.9 FAMILY-SCHOOL PARTNERSHIP LEAVE ................................................................. 54 SECTION 4.10 PERFORMANCE EVALUATION ................................................................................ 54 SECTION 4.11 SENIORITY ................................................................................................................ 54 SECTION 4.12 DEFERRED COMPENSATION .................................................................................... 6 ARTICLE 5 - GRIEVANCES ......................................................................................................................... 6 SECTION 5.1 DEFINITION ................................................................................................................... 6 SECTION 5.2 SCOPE ........................................................................................................................... 6 SECTION 5.3 PROCEDURE ................................................................................................................. 6 SECTION 5.4 GENERAL PROVISIONS - GRIEVANCES .................................................................... 7 ARTICLE 6 - SECURITY PROVISIONS ....................................................................................................... 7 SECTION 6.1 DUES CHECKOFF ......................................................................................................... 7 ARTICLE 7 - GENERAL PROVISIONS ..................................................................................................... 87 SECTION 7.1 JOB ACTION ................................................................................................................ 87 SECTION 7.2 EMPLOYEE STATUS ................................................................................................... 97 ARTICLE 8 - EFFECTIVE DATES ............................................................................................................... 9 SECTION 8.1 PROVISION EFFECTIVE ............................................................................................... 9 255
256
Crossing Guard Employees 2023-2024 MOU
1 ARTICLE 1 - INTRODUCTION
SECTION 1.1 PREAMBLE
The following is the agreement regarding wages, hours and working conditions between the representatives of Management and the Crossing Guard employees. Each section of this agreement shall be considered in its entirety and subsections shall be considered only in the context of sections as a whole.
SECTION 1.2 OBLIGATION TO MEET AND CONFER
Although nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement, it is understood and agreed that neither party may require the other party to meet and confer on any subject matter covered herein or with respect to any other matter within the scope of representation during the term of this agreement. The parties agree to meet and confer on the items listed below prior to termination of this agreement. There is no guarantee that any of these it ems will be implemented during the life of this agreement.
C. Pay range compaction due to minimum wage law.
ARTICLE 2 - COMPENSATION PROVISIONS
SECTION 2.1 METHODS OF COMPENSATION
Compensation shall be earned on an hourly basis and payments due shall be paid on a bi-weekly basis unless otherwise specified in this agreement. By mutual consent of the parties, more frequent payments and other modifications can be made.The method and time of compensation payments shall be at the discretion of the City provided; however, that compensation shall be computed and paid on a per hour basis no less frequently than biweekly.
SECTION 2.1 2 SALARY RANGES AND CLASS TITLES
A. The pay grades described below are hereby assigned to the position titles of Crossing Guards.
Effective MONTH DAYApril 20, 2025
Effective July 13, 2025
Pay Ranges Basis Step 1
Crossing Guard Hourly $17.58
Pay Ranges Basis Step 1
Crossing Guard Hourly $18.29
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Crossing Guard Employees 2023-2024 MOU
2 Effective July 12, 2026
Effective July 11, 2027
The following salary ranges are assigned to classes covered by this MOU effective May 21, 2023
CRAFTS & TRADES - BASE HOURLY PAY RANGE
Pay Ranges Basis Step 1
Crossing Guard Hourly $16.90
ARTICLE 3 - SUPPLEMENTAL BENEFITS
SECTION 3.1 UNIFORM PROVISIONS
A. New employees shall receive a uniform purchase allowance of $125 to be paid at the time of entrance to the position. Each new employee will also receive a voucher for up to $150 to be used toward the purchase of a uniform required for this position. Substituting Crossing Guards are excluded from the uniform allowance.
1. Should the employee separate from the City in the first nine months of employment, one- half of the uniform purchase allowance shall be reimbursed by the employee to the City.
B. The City shall pay employees covered by this resolution a uniform allowance of $100, four times a year (October, December, March, June) beginning on the second year of service if they meet the following qualifications:
1. Employees must be active at the time allowance is being issued.
2. Employees must work at least 1 hour or use 1 hour of sick leave in the month prior to the distribution of the allowance.
C. Rain gear will be provided as needed by the Police Department at no cost to the bargaining unit.
Pay Ranges Basis Step 1
Crossing Guard Hourly $19.03
Pay Ranges Basis Step 1
Crossing Guard Hourly $19.80
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Crossing Guard Employees 2023-2024 MOU
3 D. All members of this bargaining unit must wear as a uniform requirement the Police Department's required head wear.
Failure to wear the required uniform shall be grounds for disciplinary action.
SECTION 3.2 AUTHORIZED LEAVE
Employees with more than two years of continuous service as a Crossing Guard shall be entitled to 25 hours per fiscal year of leave with pay, to be taken at a time mutually agreeable to the City and the employee.
Said leave must be taken on a fiscal year basis and shall not otherwise be accruable nor shall it have any monetary value if unused. The procedure for taking leave shall be prescribed by departmental rules and regulations.
All regularly assigned Crossing Guards (not substitutes) are entitled to four (4) hours pay on the Thursday and Friday of the week of spring break for the TUSD, Thanksgiving, the day after Thanksgiving, Christmas Eve, Christmas, New Year’s Eve, New Year’s Day, Lincoln’s Birthday and President’s Day.
A. To be eligible, an employee must work at least 1 hour or use 1 hour of sick leave during the pay period or pay period prior to the holiday.
SECTION 3.3 SICK LEAVE
A) New employees shall receive 40 hours of sick leave upon hire. Commencing on the first pay period of each calendar year, employees will receive 40 hours of sick leave.
B) After a 90-day employment requirement is satisfied, par t-time employees are eligible to use paid sick leave to a maximum of 96 hours per year.
C) Employees may bank up to a maximum of 96 hours of Sick Leave.
D) If an employee separates after 90 days of employment and is rehired within one year from the date of separation, the paid sick leave balance at the time of separation will be reinstated. The employee will not have to re-satisfy the 90-day employment period in order to use the banked sick leave.
E) If an employee separates before 90 days of employment and is rehired within one year, the paid sick leave balance at the time of separation will be reinstated, and the employee will be subject to meeting the 90-day requirement before being able to use the sick leave benefit.
F) Banked sick leave may not be converted or cash ed out if unused or upon separation from employment.
However, if an employee is promoted to another positi on the sick leave balance will carry over to the new position.
SECTION 3.34 GROCERY CERTIFICATES
Every year on the first pay period of November, employees will be given a grocery certificate for $140 for groceries from the City. The City will purchase the certificates and distribute the certificates.
SECTION 3.45 JOINT LABOR-MANAGEMENT TEAM
The parties agree to set up a labor/management committee for the purpose of discussing issues relating to Crossing Guards including but not limited to working conditions, benefits, and manpower 259
Crossing Guard Employees 2023-2024 MOU
4 issues. The committee shall meet no less than two times during the term of this agreement. Either party may schedule a meeting with advanced notice. Parties agree to meet and confer over the below- listed items:
Pay range compaction due to minimum wage law.
ARTICLE 4 - WORKING CONDITIONS
SECTION 4.1 HOURS OF WORK
Hours of work shall be at the discretion of the Department Head. (Regularly assigned employees shall be scheduled for a minimum of 20 hours per week.) Representatives of the Crossing Guards shall be consulted regarding any change in the scheduling policy which was in effect during Fiscal Year 1980--81.
SECTION 4.2 PERSONNEL
A. Each employee covered by this agreement shall receive a copy of all actions pertaining to them taken by the supervisor, the department or the City.
B. Representatives of the Crossing Guard employees shall be consulted regarding all policy-making decisions covering wages, hours and other conditions of employment. Crossing Guards do not waive any rights to meet and confer as allowable under the law.
Advance notice of all such meetings shall be presented to the Crossing Guard employees so that proper arrangements can be made for attendance. When attending said meeting, the employees representing the Crossing Guard employees shall be compensated at their regular hourly rate.
SECTION 4.3 INDUSTRIAL SAFETY
It is the responsibility of the City to make every reasonable effort to provide and maintain a safe and healthy place of employment. It is the responsibility of the Crossing Guard employees to support employee conformance to the safety rules and administrative policies of the City relating to safety, health and industrial injury.
Employees covered by this agreement shall receive temporary disability pay pursuant to the California State Labor Code, Section 4656 as amended, when a job-connected injury occurs.
SECTION 4.4 JURY DUTY
An employee who is summoned for jury service shall be covered in compliance with the City’s Policy on Leaves of Absence. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.Any employee covered by this agreement who is duly summoned to attend any court, during the time regularly scheduled hours of work will be entitled to regular compensation. Jury service fees other than mileage reimburssement must be deposited according to procedures as described in Administrative Rules in order to qualify for regular compensation. Provided, however, that such time shall be allowed to an employee only for the minimum required by law.
SECTION 4.5 EMPLOYEE INFORMATION
A. The City and the Crossing Guard employees agree that both parties have a crucial role in the 260
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5 development and implementation of equal opportunities. Both parties mutually accept responsibility for carrying out these provisions of this agreement.
B. The parties agree to cooperate actively and positively in supporting the concept of affirmative action designed to accomplish equal opportunity for all employees and to seek employment situations. The City agrees to provide encouragement, assistance and appropriate training opportunities so that all employees may utilize their abilities to the fullest extent.
C. The provisions of this agreement shall be applied equally to all employees in the representation unit without discrimination as to age, sex, marital status, race, color, creed, religion, sexual orientation, national origin, handicap, union affiliation or political affiliation.
SECTION 4.6 BEREAVEMENT LEAVE
An employee may utilize Bereavement Leave in compliance with the City’s Policy on Leaves of Absence in accordance with State Law. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.Each employee covered by this agreement shall be entitled to up to three working days bereavement leave without pay. Said bereavement leave is without penalty of loss of job. Additional leave without pay shall be granted with Department Head approval.
SECTION 4.7 LEAVE OF ABSENCE
An employee may file a Request for Leave in compliance with the City’s Policy on Leaves of Absence in accordance with State and Federal Laws. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.
SECTION 4.8 COMPASSIONATE LEAVE
An employee may utilize Compassionate Leave in compliance with the City’s Policy on Leaves of Absence. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.
SECTION 4.9 FAMILY-SCHOOL PARTNERSHIP LEAVE
An employee may utilize Family-School Partnership Leave in compliance with the City’s Policy on Leaves of Absence and in accordance with State Law. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.
SECTION 4.7 10 PERFORMANCE EVALUATION
A performance evaluation shall be done for each employee covered by this agreement based on the anniversary date of hire or rehire. Performance shall be rated as “unsatisfactory, below standard, standard, above standard, or outstanding.”
SECTION 4.8 11 SENIORITY
Newly appointed crossing guards will be placed on substitute status until a permanent position becomes available. Assignment to a permanent post will be done by seniority.
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6 SECTION 4.9 12 DEFERRED COMPENSATION
A. Upon hire, employees deemed non-contributory members by CalPERS will be automatically enrolled in the City’s mandatory deferred compensation plan at the rate of 7.5% of gross compensation.Employees covered by this agreement who participate in the City’s mandated deferred compensation plan under Plan B, and who reach a total of $5,000 in the plan, will be able to avail themselves of more investment options.
B. Employees that are deemed contributory members by CalPERS shall be eligible to participate in a City administered deferred program consisting of a deferred compensation plan.Eligible incumbents as noted in a) must contact the City Treasurer’s Office in order to begin participating in additional options.
SECTION 4.10 STATE DISABILITY INSURANCE PROGRAM
Crossing Guards shall be made part of the State Disability Plan. Premiums for this plan will be deducted out of the employees paycheck and forwarded to the State disability program. Subject to verification and approval by the appropriate state agency.
ARTICLE 5 - GRIEVANCES
SECTION 5.1 DEFINITION
A grievance is a complaint by one or more employees concerning the application or interpretation of the provisions within the scope of this agreement affecting the employee(s) wages, hours and working conditions.
SECTION 5.2 SCOPE
This procedure shall be used to resolve every grievance for which no other methods of solutions are required by law.
SECTION 5.3 PROCEDURE
A. First Step: Supervisory Level
1. The aggrieved employee(s) shall meet and cons ult with the employee's immediate full-time supervisor
2. The grievance may be presented orally or in writing.
B. Second Step: Division Head Level
1. If the grievance is not resolved within five working days of the proceedings in Step 1, the employee(s) may appeal to the Division Head.
2. Forms to file such a grievance are provided by the City.
3. The aggrieved employees(s) and/or representative shall meet and consult with the employee's Division Head.
C. Third Step: Department Head Level
1. If the grievance is not resolved within five working days of the completion of Step 2, the employee(s) may appeal to the Department Head.
2. Forms to file such a grievance are provided by the City.
3. The aggrieved employee(s) and/or representativ e shall meet and consult with the employees Department Head.
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7 D. Fourth Step: Advisory Arbitration
1. If the grievance is not resolved in Steps 1, 2 or 3, and involves discharge, the employee may, within five working days of completion of Step 3, present the grievance in writing to the Human Resources Administrator for processing for advisory arbitration. Failure of the employee to take this action will constitute termination of the grievance.
2. The scope of advisory arbitration of a grievance shall be limited to disciplinary discharge.
3. Within five working days after receipt of an appeal, the City Manager shall call the parties together for the selection of the advisory board.
4. The advisory board shall be made up of one member chosen by Management and another chosen by the aggrieved employee and a third who will be chairman. The third member of the board shall be impartial, and if the parties cannot agree upon the chairman, the chairman shall be selected from a list of nine names submitted by the American Arbitration Association or the State Conciliation Service. If the agreement cannot be reached from among these names, each of the parties shall strike names from the list in rotation until only one name remains. Priority in striking shall be decided by the flip of a coin.
5. The recommendation of the board shall be made to the City Manager and shall be only advisory. A copy shall be provided to the employee(s).
SECTION 5.4 GENERAL PROVISIONS - GRIEVANCES
A. All time periods specified in this section may be extended by mutual consent of the aggrieved employee(s) or his representative and the Management representative involved.
B. A grievance shall be considered untimely if not presented by the employee(s) within thirty calendar days of the alleged grievance.
C. Written grievances shall be on a form provided by the City.
D. The aggrieved employee(s) and representative shall be allowed reasonable time to participate in the grievance proceedings without the loss of pay for the time so spent.
E. Cost of the arbitrator shall be shared equally by the City and the grieving employee(s).
ARTICLE 6 - SECURITY PROVISIONS
SECTION 6.1 DUES CHECKOFF
Crossing Guards are authorized to use payroll deductions for collecting employee organization dues and insurance on a monthly basis.
A. The following agency shop provision shall apply to employees in all classifications listed in this agreement.
1. No later than thirty (30) days from the beginning date of employment each employee shall either become a member of the Crossing Guards or pay to the Crossing Guards a service fee of ninety percent (90%) of the monthly dues and general assessments of the Crossing Guards.
Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation 263
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8 fees or agency shop fees, to pay sums equal to the dues to a non religious, non labor charitable fund exempt from taxation under Section 501 c (3) of the Internal Revenue code, chosen by the employee from the below list of funds.
Brotherhood Crusade
United Way
Mothers in Action
An authorization card will be distributed by the Crossing Guards during the new employee orientation meeting.
B. The City will provide to the Crossing Guards a listing of all new employees, their classifications, departments and department \division telephone numbers within two weeks of their hire date.
C. The City shall deduct the dues, service fee or charitable contribution from the check issued during the second pay period of each month of each employee in the bargaining unit as specified by the Crossing Guards under the terms contained herein.
D. The Crossing Guards agrees to indemnify, defend and hold the City free and harmless from any and all liability and claims for damage by any persons including, but not limited to, employees in classifications covered by this agreement, regarding this section. It is also agreed that neither any employee nor Crossing Guards shall have made any claim against the City for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the City within thirty (30) calendar days after the date such deduction were or should have been made.
E. Any employee who has initially elected to pay a service fee or make a charitable donation instead of becoming a member of the Crossing Guards and subsequently desires to become a member in good standing of said organization may, without penalty, begin payment of full union dues beginning with the next payroll period and continue such membership during the effective life of this agreement.
F. Every employee represented by the Crossing Guards, upon hire by the City, shall be provided with a packet of information relevant to the Crossing Guards membership and organizational activities. Such packet, prepared by the Crossing Guards, shall include the name of the employee organization president and shall be approved by the City for relevant content prior to distribution.
G. The Crossing Guards shall keep adequate and itemized record of its financial transactions and shall make available annually to the City Manager or his designee of the City of Torrance, and to all unit employees, within sixty (60) calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of balance sheet and an operating statement, certified as to its accuracy by its president and the secretary-treasurer or corresponding principal officer, or by a certified public account.
ARTICLE 7 - GENERAL PROVISIONS
SECTION 7.1 JOB ACTION
A. The Crossing Guards agree that during the term of this Memorandum of Understanding there shall be no strike, slowdown, blue flu or other concerted job action.
B. In the event of an unauthorized job action, the City agrees that there will be no liability on the part of the Crossing Guards, provided the employee organization promptly and publicly disavows such unauthorized job action, orders the employees to return to work and attempts to bring about a prompt resumption of normal operations and provided further that the employee organization 264
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9 notifies the City in writing within forty-eight (48) hours after the commencement of such job action what measures it has taken to comply with the provisions of this section.
C. In the event such actions by the employee organization has not affected resumption of normal work practices, the City shall have the right to take appropriate disciplinary action.
SECTION 7.2 EMPLOYEE STATUS
For the purpose of step advancement and supplemental benefits, the determining factor shall be date of hire, not hours worked.
ARTICLE 8 - EFFECTIVE DATES
SECTION 8.1 PROVISION EFFECTIVE
This Agreement shall be effective from May 21April 20MONTH DAY, 2023 2025 through June 30, 20242028.
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10 SECTION III SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
INTRODUCED, APPROVED AND ADOPTED this 22nd 23rd XXrd day of MayMONTHApril, 20253.
________________________
Mayor George K Chen
ATTEST:
__________________________
Rebecca Poirier, MCMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN, City Attorney
By: _______________________________
Tatia Y. Strader, Assistant City Attorney
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MEMORANDUM OF UNDERSTANDING
CROSSING GUARD EMPLOYEES
A MEMORANDUM OF UNDERSTANDING SETTING FORTH THE HOURS,
WAGES AND WORKING CONDITIONS FOR EMPLOYEES REPRESENTED
BY THE CROSSING GUARD EMPLOYEES.
An Agreement of the undersigned representatives of the Crossing Guard Employees and the representatives of the City of Torrance (City) that:
The attached Resolution is recommended to the City Council for adoption in its entirety. It covers wages, hours and working conditions for the period of April 20, 2025 through June 30, 202 8 and was reached through agreement of the undersigned parties.
Signed this 22rd day of April, 2025
Management Crossing Guards
_____________________________ ____________________________ Ian Dailey David Inez
_____________________________ ____________________________ Jamie Le Kenny Evans
____________________________
Robert Castrellon
____________________________
Bob Adams
ATTACHMENT 6
267
RESOLUTION 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TORRANCE
SETTING FORTH THE WAGES, HOURS AND WORKING CONDITIONS FOR CROSSING GUARD EMPLOYEES FOR THE PERIOD FROM APRIL 20, 2025 THROUGH JUNE 30, 2028, AND REPEALING RESOLUTION NO. 2023-57
The City Council of the City of Torrance does hereby resolve as follows:
SECTION I
That Resolution No. 2023-57 is hereby repealed in its entirety.
SECTION II
The following compensation procedure for Crossing Guard Employees is hereby approved in its entirety to read as follows:
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Table of Contents
ARTICLE 1 - INTRODUCTION ..................................................................................................................... 1 SECTION 1.1 PREAMBLE .................................................................................................................... 1 SECTION 1.2 OBLIGATION TO MEET AND CONFER ......................................................................... 1 ARTICLE 2 - COMPENSATION PROVISIONS ........................................................................................... 1 SECTION 2.1 METHODS OF COMPENSATION ................................................................................. 1 SECTION 2.2 SALARY RANGES AND CLASS TITLES ....................................................................... 1 ARTICLE 3 - SUPPLEMENTAL BENEFITS ................................................................................................ 2 SECTION 3.1 UNIFORM PROVISIONS ............................................................................................... 2 SECTION 3.2 AUTHORIZED LEAVE .................................................................................................... 2 SECTION 3.3 GROCERY CERTIFICATES .......................................................................................... 3 SECTION 3.4 JOINT LABOR-MANAGEMENT TEAM ..................................................................... 3 ARTICLE 4 - WORKING CONDITIONS ....................................................................................................... 3 SECTION 4.1 HOURS OF WORK ........................................................................................................ 3 SECTION 4.2 PERSONNEL .................................................................................................................. 3 SECTION 4.3 INDUSTRIAL SAFETY ................................................................................................... 4 SECTION 4.4 JURY DUTY .................................................................................................................... 4 SECTION 4.5 EMPLOYEE INFORMATION .......................................................................................... 4 SECTION 4.6 BEREAVEMENT LEAVE ................................................................................................ 4 SECTION 4.7 LEAVE OF ABSENCE .................................................................................................... 4 SECTION 4.8 COMPASSIONATE LEAVE ............................................................................................ 5 SECTION 4.9 FAMILY-SCHOOL PARTNERSHIP LEAVE ................................................................... 5 SECTION 4.10 PERFORMANCE EVALUATION .................................................................................. 5 SECTION 4.11 SENIORITY .................................................................................................................. 5 SECTION 4.12 DEFERRED COMPENSATION .................................................................................... 5 ARTICLE 5 - GRIEVANCES ......................................................................................................................... 5 SECTION 5.1 DEFINITION ................................................................................................................... 5 SECTION 5.2 SCOPE ........................................................................................................................... 5 SECTION 5.3 PROCEDURE ................................................................................................................. 5 SECTION 5.4 GENERAL PROVISIONS - GRIEVANCES .................................................................... 6 ARTICLE 6 - SECURITY PROVISIONS ....................................................................................................... 6 SECTION 6.1 DUES CHECKOFF ......................................................................................................... 6 ARTICLE 7 - GENERAL PROVISIONS ....................................................................................................... 8 SECTION 7.1 JOB ACTION .................................................................................................................. 8 SECTION 7.2 EMPLOYEE STATUS ..................................................................................................... 8 ARTICLE 8 - EFFECTIVE DATES ............................................................................................................... 8 SECTION 8.1 PROVISION EFFECTIVE ............................................................................................... 8
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1 ARTICLE 1 - INTRODUCTION
SECTION 1.1 PREAMBLE
The following is the agreement regarding wages, hours and working conditions between the representatives of Management and the Crossing Guard employees. Each section of this agreement shall be considered in its entirety and subsections shall be considered only in the context of sections as a whole.
SECTION 1.2 OBLIGATION TO MEET AND CONFER
Although nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement, it is understood and agreed that neither party may require the othe r party to meet and confer on any subject matter covered herein or with respect to any other matter within the scope of representation during the term of this agreement.
ARTICLE 2 - COMPENSATION PROVISIONS
SECTION 2.1 METHODS OF COMPENSATION
Compensation shall be earned on an hourly basis and payments due shall be paid on a bi-weekly basis unless otherwise specified in this agreement. By mutual consent of the parties, more frequent payments and other modifications can be made.
SECTION 2.2 SALARY RANGES AND CLASS TITLES
A. The pay grades described below are hereby assigned to the position titles of Crossing Guards.
Effective April 20, 2025
Effective July 13, 2025
Pay Ranges Basis Step 1
Crossing Guard Hourly $17.58
Pay Ranges Basis Step 1
Crossing Guard Hourly $18.29
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2 Effective July 12, 2026
Effective July 11, 2027
ARTICLE 3 - SUPPLEMENTAL BENEFITS
SECTION 3.1 UNIFORM PROVISIONS
A. New employees shall receive a uniform purchase allowance of $125 to be paid at the time of entrance to the position. Each new employee will also receive a voucher for up to $150 to be used toward the purchase of a uniform required for this position. Substituting Crossing Guards are excluded from the uniform allowance.
1. Should the employee separate from the City in the first nine months of employment, one- half of the uniform purchase allowance shall be reimbursed by the employee to the City.
B. The City shall pay employees covered by this resolution a uniform allowance of $100, four times a year (October, December, March, June) beginning on the second year of service if they meet the following qualifications:
1. Employees must be active at the time allowance is being issued.
2. Employees must work at least 1 hour or use 1 hour of sick leave in the month prior to the distribution of the allowance.
C. Rain gear will be provided as needed by the Police Department at no cost to the bargaining unit.
D. All members of this bargaining unit must wear as a uniform requirement the Police Department's required head wear.
Failure to wear the required uniform shall be grounds for disciplinary action.
SECTION 3.2 AUTHORIZED LEAVE
Employees with more than two years of continuous service as a Crossing Guard shall be entitled to 25 hours per fiscal year of leave with pay, to be taken at a time mutually agreeable to the City and the employee.
Said leave must be taken on a fiscal year basis and shall not otherwise be accruable nor shall it have any monetary value if unused. The procedure for taking leave shall be prescribed by departmental rules and regulations.
All regularly assigned Crossing Guards (not substitutes) are entitled to four (4) hours pay on the Thursday and Friday of the week of spring break for the TUSD, Thanksgiving, the day after Thanksgiving, Christmas Eve, Christmas, New Year’s Eve, New Year’s Day, Lincoln’s Birthday and Pay Ranges Basis Step 1
Crossing Guard Hourly $19.03
Pay Ranges Basis Step 1
Crossing Guard Hourly $19.80
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3 President’s Day.
A. To be eligible, an employee must work at least 1 hour or use 1 hour of sick leave during the pay period or pay period prior to the holiday.
SECTION 3.3 SICK LEAVE
A) New employees shall receive 40 hours of sick leave upon hire. Commencing on the first pay period of each calendar year, employees will receive 40 hours of sick leave.
B) After a 90-day employment requirement is satisfied, part-time employees are eligible to use paid sick leave to a maximum of 96 hours per year.
C) Employees may bank up to a maximum of 96 hours of Sick Leave.
D) If an employee separates after 90 days of employment and is rehired within one year from the date of separation, the paid sick leave balance at the time of separation will be reinstated. The employee will not have to re-satisfy the 90-day employment period in order to use the banked sick leave.
E) If an employee separates before 90 days of employment and is rehired within one year, the paid sick leave balance at the time of separation will be reinstated, and the employee will be subject to meeting the 90 -day requirement before being able to use the sick leave benefit.
F) Banked sick leave may not be converted or cashed out if unused or upon separation from employment.
However, if an employee is promoted to another position the sick leave balance will carry over to the new position.
SECTION 3.4 GROCERY CERTIFICATES
Every year on the first pay period of November, employees will be given a grocery certificate for $140 for groceries from the City. The City will purchase the certificates and distribute the certificates.
SECTION 3.5 JOINT LABOR-MANAGEMENT TEAM
The parties agree to set up a labor/management committee for the purpose of discussing issues relating to Crossing Guards including but not limited to working conditions, benefits, and manpower issues. The committee shall meet no less than two times during the term of this agreement. Either party may schedule a meeting with advanced notice.
ARTICLE 4 - WORKING CONDITIONS
SECTION 4.1 HOURS OF WORK
Hours of work shall be at the discretion of the Department Head. Regularly assigned employees shall be scheduled for a minimum of 20 hours per week. Representatives of the Crossing Guards shall be consulted regarding any change in the scheduling policy which was in effect during Fiscal Year 1980--81.
SECTION 4.2 PERSONNEL
A. Each employee covered by this agreement shall receive a copy of all actions pertaining to them taken by the supervisor, the department or the City.
B. Representatives of the Crossing Guard employees shall be consulted regarding all policy-making 272
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4 decisions covering wages, hours and other conditions of employment. Crossing Guards do not waive any rights to meet and confer as allowable under the law.
Advance notice of all such meetings shall be presented to the Crossing Guard employees so that proper arrangements can be made for attendance. When attending said meeting, the employees representing the Crossing Guard employees shall be compensated at their regular hourly rate.
SECTION 4.3 INDUSTRIAL SAFETY
It is the responsibility of the City to make every reasonable effort to provide and maintain a safe and healthy place of employment. It is the responsibility of the Crossing Guard employees to support employee conformance to the safety rules and administrative policies of the City relating to safety, health and industrial injury.
Employees covered by this agreement shall receive temporary disability pay pursuant to the California State Labor Code, Section 4656 as amended, when a job-connected injury occurs.
SECTION 4.4 JURY DUTY
An employee who is summoned for jury service shall be covered in compliance with the City’s Policy on Leaves of Absence. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.
SECTION 4.5 EMPLOYEE INFORMATION
A. The City and the Crossing Guard employees agree that both parties have a crucial role in the development and implementation of equal opportunities. Both parties mutually accept responsibility for carrying out these provisions of this agreement.
B. The parties agree to cooperate actively and positively in supporting the concept of affirmative action designed to accomplish equal opportunity for all employees and to seek employment situations. The City agrees to provide encouragement, assistance and appropriate training opportunities so that all employees may utilize their abilities to the fullest extent.
C. The provisions of this agreement shall be applied equally to all employees in the representation unit without discrimination as to age, sex, marital status, race, color, creed, religion, sexual orientation, national origin, handicap, union affiliation or political affiliation.
SECTION 4.6 BEREAVEMENT LEAVE
An employee may utilize Bereavement Leave in compliance with the City’s Policy on Leaves of Absence in accordance with State Law. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.
SECTION 4.7 LEAVE OF ABSENCE
An employee may file a Request for Leave in compliance with the City’s Policy on Leaves of Absence in accordance with State and Federal Laws. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.
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5 SECTION 4.8 COMPASSIONATE LEAVE
An employee may utilize Compassionate Leave in compliance with the City’s Policy on Leaves of Absence. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.
SECTION 4.9 FAMILY-SCHOOL PARTNERSHIP LEAVE
An employee may utilize Family-School Partnership Leave in compliance with the City’s Policy on Leaves of Absence and in accordance with State Law. During the term of this agreement, if it is determined that any benefit was granted under the previous agreement and was not included in the City’s Policy on Leaves of Absence, the benefit shall be incorporated into the Policy.
SECTION 4.10 PERFORMANCE EVALUATION
A performance evaluation shall be done for each employee covered by this agreement based on the anniversary date of hire or rehire. Performance shall be rated as “unsatisfactory, below standard, standard, above standard, or outstanding.”
SECTION 4.11 SENIORITY
Newly appointed crossing guards will be placed on substitute status until a permanent position becomes available. Assignment to a permanent post will be done by seniority.
SECTION 4.12 DEFERRED COMPENSATION
A. Upon hire, employees deemed non-contributory members by CalPERS will be automatically enrolled in the City’s mandatory deferred compensation plan at the rate of 7.5% of gross compensation.
B. Employees that are deemed contributory members by CalPERS shall be eligible to participate in a City administered deferred program consisting of a deferred compensation plan.
ARTICLE 5 - GRIEVANCES
SECTION 5.1 DEFINITION
A grievance is a complaint by one or more employees concerning the application or interpretation of the provisions within the scope of this agreement affecting the employee(s) wages, hours and working conditions.
SECTION 5.2 SCOPE
This procedure shall be used to resolve every grievance for which no other methods of solutions are required by law.
SECTION 5.3 PROCEDURE
A. First Step: Supervisory Level
1. The aggrieved employee(s) shall meet and consult with the employee's immediate full-time supervisor
2. The grievance may be presented orally or in writing. 274
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6 B. Second Step: Division Head Level
1. If the grievance is not resolved within five working days of the proceedings in Step 1, the employee(s) may appeal to the Division Head.
2. Forms to file such a grievance are provided by the City.
3. The aggrieved employees(s) and/or representative shall meet and consult with the employee's Division Head.
C. Third Step: Department Head Level
1. If the grievance is not resolved within five working days of the completion of Step 2, the employee(s) may appeal to the Department Head.
2. Forms to file such a grievance are provided by the City.
3. The aggrieved employee(s) and/or representative shall meet and consult with the employees Department Head.
D. Fourth Step: Advisory Arbitration
1. If the grievance is not resolved in Steps 1, 2 or 3, and involves discharge, the employee may, within five working days of completion of Step 3, present the grievance in writing to the Human Resources Administrator for processing for advisory arbitration. Failure of the employee to take this action will constitute termination of the grievance.
2. The scope of advisory arbitration of a grievance shall be limited to disciplinary discharge.
3. Within five working days after receipt of an appeal, the City Manager shall call the parties together for the selection of the advisory board.
4. The advisory board shall be made up of one member chosen by Management and another chosen by the aggrieved employee and a third who will be chairman. The third member of the board shall be impartial, and if the parties cannot agree upon the chairman, the chairman shall be selected from a list of nine names submitted by the American Arbitration Association or the State Conciliation Service. If the agreement cannot be reached from among these names, each of the parties shall strike names from the list in rotation until only one name remains. Priority in striking shall be decided by the flip of a coin.
5. The recommendation of the board shall be made to the City Manager and shall be only advisory. A copy shall be provided to the employee(s).
SECTION 5.4 GENERAL PROVISIONS - GRIEVANCES
A. All time periods specified in this section may be extended by mutual consent of the aggrieved employee(s) or his representative and the Management representative involved.
B. A grievance shall be considered untimely if not presented by the employee(s) within thirty calendar days of the alleged grievance.
C. Written grievances shall be on a form provided by the City.
D. The aggrieved employee(s) and representative shall be allowed reasonable time to participate in the grievance proceedings without the loss of pay for the time so spent.
E. Cost of the arbitrator shall be shared equally by the City and the grieving employee(s).
ARTICLE 6 - SECURITY PROVISIONS
SECTION 6.1 DUES CHECKOFF
Crossing Guards are authorized to use payroll deductions for collecting employee organization dues 275
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7 and insurance on a monthly basis.
A. The following agency shop provision shall apply to employees in all classifications listed in this agreement.
1. No later than thirty (30) days from the beginning date of employment each employee shall either become a member of the Crossing Guards or pay to the Crossing Guards a service fee of ninety percent (90%) of the monthly dues and general assessments of the Crossing Guards.
Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee shall be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums equal to the dues to a non religious, non labor charitable fund exempt from taxation under Section 501 c (3) of the Internal Revenue code, chosen by the employee from the below list of funds.
▪ Brotherhood Crusade
▪ United Way
▪ Mothers in Action
An authorization card will be distributed by the Crossing Guards during the new employee orientation meeting.
B. The City will provide to the Crossing Guards a listing of all new employees, their classifications, departments and department \division telephone numbers within two weeks of their hire date.
C. The City shall deduct the dues, service fee or charitable contribution from the check issued during the second pay period of each month of each employee in the bargaining unit as specified by the Crossing Guards under the terms contained herein.
D. The Crossing Guards agrees to indemnify, defend and hold the City free and harmless from any and all liability and claims for damage by any persons including, but not limited to, employees in classifications covered by this agreement, regarding this section. It is also agreed that neither any employee nor Crossing Guards shall have made any claim against the City for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the City within thirty (30) calendar days after the date such deduction were or should have been made.
E. Any employee who has initially elected to pay a service fee or make a charitable donation instead of becoming a member of the Crossing Guards and subsequently desires to become a member in good standing of said organization may, without penalty, begin payment of full union dues beginning with the next payroll period and continue such membership during the effective life of this agreement.
F. Every employee represented by the Crossing Guards, upon hire by the City, shall be provided with a packet of information relevant to the Crossing Guards membership and organizational activities. Such packet, prepared by the Crossing Guards, shall include the name of the employee organization president and shall be approved by the City for relevant content prior to distribution.
G. The Crossing Guards shall keep adequate and itemized record of its financial transactions and shall make available annually to the City Manager or his designee of the City of Torrance, and to all unit employees, within sixty (60) calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of balance sheet and an operating statement, certified as to its 276
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8 accuracy by its president and the secretary-treasurer or corresponding principal officer, or by a certified public account.
ARTICLE 7 - GENERAL PROVISIONS
SECTION 7.1 JOB ACTION
A. The Crossing Guards agree that during the term of this Memorandum of Understanding there shall be no strike, slowdown, blue flu or other concerted job action.
B. In the event of an unauthorized job action, the City agrees that there will be no liability on the part of the Crossing Guards, provided the employee organization promptly and publicly disavows such unauthorized job action, orders the employees to return to work and attempts to bring about a prompt resumption of normal operations and provided further that the employee organization notifies the City in writing within forty-eight (48) hours after the commencement of such job action what measures it has taken to comply with the provisions of this section.
C. In the event such actions by the employee organization has not affected resumption of normal work practices, the City shall have the right to take appropriate disciplinary action.
SECTION 7.2 EMPLOYEE STATUS
For the purpose of step advancement and supplemental benefits, the determining factor shall be date of hire, not hours worked.
ARTICLE 8 - EFFECTIVE DATES
SECTION 8.1 PROVISION EFFECTIVE
This Agreement shall be effective from April 20, 2025 through June 30, 2028.
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9 SECTION III SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
INTRODUCED, APPROVED AND ADOPTED this 22nd day of April, 2025.
________________________
Mayor George K Chen
ATTEST:
__________________________
Rebecca Poirier, MMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN, City Attorney
By: _______________________________
Tatia Y. Strader, Assistant City Attorney
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