RESOLUTION NO. 2025-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA SETTING FORTH HOURS,
WAGES AND WORKING CONDITIONS FOR EMPLOYEES
REPRESENTED BY THE TORRANCE LIBRARY
EMPLOYEES ASSOCIATION (TLEA), AND REPEALING
RESOLUTION NO. 2023-56
The City Council of the City of Torrance does hereby resolve as follows:
SECTION I
That Resolution No. 2023-56 hereby repealed in its entirety .
SECTION II
The following agreement between representatives of Management and the representatives of the Torrance Library Employees Association is hereby appr6ved in its entirety to read as follows effective April 20, 2025:
Resolution 2025-17 TLEA 2025-2028 MOU
MEMORANDUM OF UNDERSTANDING
TORRANCE LIBRARY EMPLOYEES ASSOCIATION
(TLEA}
2025-2028
A MEMORANDUM OF UNDERSTANDING SETTING FORTH THE HOURS,
WAGES AND WORKING CONDITIONS FOR EMPLOYEES REPRESENTED BY TORRANCE LIBRARY EMPLOYEES ASSOCIATION (TLEA}
An agreement of the undersigned representatives of the Torrance Library Employees Association 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 April 20, 2025 through June 30, 2028 and was reached through agreement of the undersigned parties. ,.
The parties agree to commence negotiations for a successor MOU in 2028, so that an agreement can be reached prior to the expiration of this agreement. The City agrees that negotiations will commence within two months of the Union's request for information, but no earlier than January 1, 2028.
Signed this 22 nd day of April 2025
Management TME-AFSCME
Ian Dailey David Inez
Jamie Le Kenny Evans
Robert Castrellon
Bob Adams
Jeff Lambert
Maureen Baez
Dayna Berman
Romilda Ostoich
Stephannie Jimenez
Resolution 2025-17 2 TLEA 2025-2028 MOU
Table of Contents
ARTICLE 1 -PREAMBLE ....................................................................................................... 5 SECTION 1.1 INTRODUCTION .......................................................................................... 5 SECTION 1.2 EMPLOYEE RIGHTS .................................................................................... 5 SECTION 1.3 OBLIGATION TO MEET AND CONFER ....................................................... 5 ARTICLE 2 -COMPENSATION PROVISIONS ....................................................................... 6 SECTION 2.1 SALARY ADVANCEMENTS WITHIN BASE PAY RANGE ........................... 6 SECTION 2.2 REQUIREMENTS AS TO CONTINUITY OF SERVICE ................................ 6 SECTION 2.3 METHODS OF COMPENSATION ................................................................ 7 ARTICLE 3 -COMPENSATION .............................................................................................. 7 SECTION 3.1 PAY RANGES AND CLASS TITLES ............................................................ 7 SECTION 3.2 PREMIUM PAY ............................................................................................. 8 SECTION 3.3 NIGHT SHIFT DIFFERENTIAL (Section I Employees) .................................. 8 ARTICLE 4 -WAGE SUPPLEMENTAL BENEFITS ................................................................ 8 SECTION 4.1 EMPLOYEE INSURANCE ............................................................................ 8 SECTION 4.2 ALLOWANCE FOR SECTION 11 EMPLOYEES .......................................... 12 SECTION 4.3 RETIREMENT ............................................................................................ 12 SECTION 4.4 INDUSTRIAL ACCIDENT (Section I Erpployees only) ................................ 13 SECTION 4.5 SICK LEAVE ............................................................................................... 14 SECTION 4.6 HOLIDAYS ................................................................................................. 15 SECTION 47 VACATION LEAVE ..................................................................................... 16 SECTION 4.8 BEREAVEMENT LEAVE ............................................................................ 18 SECTION 4.9 COMPASSIONATE LEAVE ........................................................................ 18 SECTION 4.10 JURY DUTY ............................................................................................. 18 SECTION 4.11 DEFERRED COMPENSATION ................................................................ 18 ARTICLE 5 -SPECIAL COMPENSATION PROVISIONS ..................................................... 19 SECTION 5.1 OVERTIME COMPENSATION ................................................................... 19 SECTION 5.2 MOVE-UP ASSIGNMENT .......................................................................... 19 SECTION 5.3 EDUCATIONAL MATERIAL ALLOWANCE ................................................ 21 ARTICLE 6 -WORKING CONDITIONS ................................................................................ 21 SECTION 6.1 HOURS OF WORK ..................................................................................... 21 SECTION 6.2 REST PERIOD ........................................................................................... 21 SECTION 6.3 LUNCH PERIODS ...................................................................................... 22 SECTION 6.4 PROBATIONARY PERIOD (Section I Employees) .................................... 22 SECTION 6.5 LATERAL TRANSFERS/MEDICAL LATERAL TRANSFERS ..................... 22 SECTION 6.6 LEAVES OF ABSENCE .............................................................................. 23 SECTION 6.7 INACTIVE STATUS (Section I Employees) ................................................ 23 SECTION 6.8 INTRA-DEPARTMENTAL REASSIGNMENTS ........................................... 23 SECTION 6.9 CLASSIFICATION STUDIES ...................................................................... 24 SECTION 6.13 LAYOFF (Section I Employees) ............................................................... 26 SECTION 6.15 LAYOFF (Section II Employees) ............................................................... 28 SECTION 6.16 SUNDAY HOURS LANGUAGE ................ : ............................................... 29 SECTION 6.17 REMOVAL OF REPRIMANDS FROM PERSONNEL FILE ....................... 30 SECTION 6.18 WORK RULE LANGUAGE ....................................................................... 30 ARTICLE 7 -GENERAL PROVISIONS ................................................................................. 30 SECTION 7.1 NON-DISCRIMINATION, EQUAL OPPORTUNITY, AFFIRMATIVE ACTION AND HARASSMENT ......................................................................................................... 30 SECTION 7.2 MEMBER RELATIONS FUND .................................................................... 30 SECTION 7.3 JOB ACTION .............................................................................................. 30 SECTION 7.4 ORIENTATION/MONTHLY MEETING ........................................................ 31 SECTION 7.5 MANAGEMENT RIGHTS ............................................................................ 31 Resolution 2025• 17 3 TLEA 2025·2028 MOU
SECTION 7.6 EMPLOYEE RELATIONS LEAVE ............................................................... 31 SECTION 7.7 WELFARE TO WORK ................................................................................ 31 SECTION 7.8 FAMILY-SCHOOL PARTNERSHIP LEAVE ................................................ 31 SECTION 7.9 RELEASE TIME .......................................................................................... 32 SECTION 7.10 SENIORITY .............................................................................................. 34 ARTICLE 8 -SECURITY PROVISIONS ................................................................................ 34 SECTION 8.1 MEMBERSHIP SERVICE FEE ................................................................... 34 SECTION 8.2 DUES CHECKOFF ..................................................................................... 35 SECTION 8.3 STEWARDS ............................................................................................... 35 ARTICLE 9 -GRIEVANCES .................................................................................................. 35 SECTION 9.1 DEFINITION ............................................................................................... 35 SECTION 9.2 SCOPE ....................................................................................................... 36 SECTION 9.3 PROCEDURE ............................................................................................. 36 SECTION 9.4 GENERAL GRIEVANCE PROVISIONS ...................................................... 37 ARTICLE 10-MISCELLANEOUS ........................................................................................ 38 SECTION 10.1 TRAINING ............................................................................................... 38 ARTICLE 11 -NOTICE ......................................................................................................... 38 SECTION 11.1 NOTICE ............................................ .1 ··· .................................................... 38 SECTION Ill SEVERABILITY ............................................................................................ 39 ATTACHMENT A .............................................................................................................. 40 ATTACHMENT B .............................................................................................................. 43 ATTACHMENT C .............................................................................................................. 45 Resolution 2025-17 4 TLEA 2025-2028 MOU
ARTICLE 1 -PREAMBLE
SECTION 1.1 INTRODUCTION
The following is the agreement regarding hours, wages, and working conditions between the representatives of Management and the Torrance Library Employees Association. Each section of this agreement shall be considered in its entirety and subsections shall be considered only in the context of section as a whole.
Permanent employees, both full and part time are noted as Section I employees. Part-time employees are noted as Section II employees. Benefits and conditions of work are differentiated as Section I or Section II employees, as appropriate.
SECTION 1.2 EMPLOYEE RIGHTS
Employees of the City shall have the exclusive right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including, but not limited to wages, hours, and other terms and conditions of employment. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his exercise of these rights. The City shall not hinder or discipline employees for exercising any rights or benefits provided in this agreement or by State or Federal laws of Municipal Code provisions.
An employee who is requested to meet with a supervisor is entitled to have a representative present if the employee has a reasonable belief that the meeting may lead to the imposition of discipline against him/her.
SECTION 1.3 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 items will be implemented during the life of this agreement. • Library Van Driver Premium and Protocol
• Meet and Confer within 30 days regarding Supervising Librarian (working title) Premium • Modifications to Departmental Work Rule s
• Torrance Municipal Code changes
• Holiday Pay
• Establish a Labor-Management Committee (LMC) to collaboratively explore solutions to the existing gaps
between employee benefit contributions, out-of-pocket expenses, and coverage features. • Intra-Departmental Reassignments
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ARTICLE 2 -COMPENSATION PROVISIONS
SECTION 2.1 SALARY ADVANCEMENTS WITHIN BASE PAY RANGE
A. Starting Pay Rates
1. Original appointment shall normally be made at the first step. Upon recommendation of the department head, and approval of the City Manager, initial compensation may be at a higher step in the range for the class based on the outstanding and unusual character of the employee's experience and ability over and above the qualification requirements specified for the class, or is required by a temporary shortage of applicants for the class involved; and further provided, that, in the latter case all current employees in the involved class who are receiving less than the new initial compensation rate shall have their rates of pay adjusted to such rate.
B. Step Advancement Within a Base Pay Range
1. Base pay step advancement within a pay range shall be on the first day of the nearest pay period to the anniversary of each year of service to the maximum step of the base pay range. ~
2. Such step advancement within the base pay range shall be subject to the employee having received at least a satisfactory rating at the most recent performance evaluation.
If no such rating is on file the step increase shall automatically be granted.
Upon recommendation of the department head and approval of the City Manager, such step advancement may be accelerated where outstanding performance may justify. (Advancements to the next step following such accelerated advancement shall normally be after one year for base steps and two years for extended steps).
C. Rate of Pay on Promotion
Whenever any employee covered by this agreement is promoted, he/she shall receive the rate of compensation of the first step of the salary range for the new position or the lowest step in the range that provides an increase of 5% per month.
SECTION 2.2 REQUIREMENTS AS TO CONTINUITY OF SERVICE
Service requirements for advancement within salary range, industrial accident leave, long term disability, merit steps, vacation, and annual leave shall be based on continuous and total service as a regular employee.
A. Leaves of absence without pay of ten (10) working days or less and leaves with pay shall not interrupt continuous service nor be deducted from total service .
B. Leaves of absence without pay in excess of ten (10) working days except for extended military leave shall be deducted in computing total service but shall not serve to interrupt continuous service.
C. All unauthorized absences without leave shall be grounds for disciplinary action except where it can be shown that the employee could not respond due to a bona fide emergency (the employee shall still be docked for any time not worked). Any unauthorized leave in excess of three work days in any calendar month shall be deducted from total service and may at the discretion of the City Manager interrupt continuity of service and be grounds for discharge.
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SECTION 2.3 METHODS OF COMPENSATION
A. Compensation shall be paid 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 payment and other modifications can be made.
B. For purposes of this agreement, the (1) remaining Junior Library Clerk (JLC) I incumbent will receive the same hourly rate as Senior Library Page and are eligible for pro-rated Health Insurance, Retirement, Sick Leave and Vacation benefits. It has been the intent of TLEA and Management to eliminate the classification of JLC I through attrition effective April 14, 2019. The remaining JLCI must complete the Civil Service Process to be considered as a Civil Service Employee.
ARTICLE 3 -COMPENSATION
SECTION 3.1 PAY RANGES AND CLASS TITLES
1. BASE HOURLY PAY RANGE
A. The following salary ranges are assigned to classes covered by this MOU effective April 20, 2025
Pay Ranges Basis Step 1 Step2 Step 3 Step 4 Step 5 Step 6 Step 1 Junior Library Hourly $20.15 Clerk I
Librarian Hourly $35.50 $37.28 $39.15 $40.13 $41.14 $42.17 $43.23 Library Page Hourly $19.12
Library Hourly $24.07 $25.28 $26.55 $27.88 $28.58 $29.30 $30.04 Technician Senior Library Hourly $20.15 Paqe
Senior Library Hourly $29.96 $31.46 $33.04 $33.87 $34.72 $35.59 $36.48 Technician B. The following salary ranges are assigned to classes covered by this MOU effective July 12, 2026
Pay Ranges Basis Step 1 Step 2 Step 3 Step4 Step5 Step 6 Step7 Junior Library Hourly $20.96 Clerk I
Librarian Hourly $36.92 $38.77 $40.71 $41.73 $42.78 $43.85 $44.95 Library Page Hourly $19.89
Library Hourly $25.04 $26.30 $27.62 $29.01 $29.74 $30.49 $31.26 Technician Senior Library Hourly $20.96 Page
Senior Library Hourly $31.16 $32.72 $34.36 $35.22 $36.11 $37.02 $37.95 Technician Step8
$44.32
$30.80
$37.40
Step 8
$46.08
$32.05
$38.90
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C. The following salary ranges are assigned to classes covered by this MOU effective July 11, 2027
Pay Ranges Basis Step 1 · St_ep _2 ,. St•P. 3 Step4 Step5 Step 6 Junior Library Hourly $21.73 Clerk I
Librarian Hourly $38.20 $40.11 $42.12 $43.18 $44 .26 $45.37 Library Page Hourly $20.69
Library Hourly $25.85 $27.15 $28.51 $29.94 $30.69 $31.46 Technician Senior Library Hourly $21.73 Pac:ie
Senior Library Hourly $32.22 $33.84 $35.54 $36.43 $37 .35 $38.29 Technician SECTION 3.2 PREMIUM PAY
Step 7 Steps
$46.51 $47.68
$32.25 $33.06
$39.25 $40.24
Employees assigned to work requiring specified duties which require skills and abilities not contemplated in the employee's normal assignments in the areas described in this section shall receive premium pay only while so assigned. Such premium pay shall be for the hours actually worked in the assignment. Assignment and reassignments shall be made by the division manager/Department Director subject to approval of the City Manager. Premium pay assignments shall be based on workload and skills required, and subject to any special provisions specified in this section for any particular assignment.
A. Lead Worker Librarian
The Librarian who is assigned as the Lead Worker Librarian is primarily responsible for leading and supervising the day-to-day activities of Technical Processing and will receive a 5% premium above the base pay per hour while so assigned . The duties include coordinating the workflow of replacing materials, training Library Pages and Senior Library Pages to label and catalog materials so they are shelf ready, participating in the hiring process of employees and performing performance evaluations. The Lead Worker Librarian reviews the work of employees for accuracy and reports to the Senior Librarian.
SECTION 3.3 NIGHT SHIFT DIFFERENTIAL (Section I Employees) A. All employees covered by this agreement who are assigned to night shifts shall be paid at 10% over and above their base hourly pay. A night shift shall be defined as a shift in which one-half or more of the shift is scheduled to work after 4:00 p.m. or before 8:00 a.m.
B. For branch employees, night shift shall be defined as one-half or more of the shift if scheduled to work after 3:00 p.m .
ARTICLE 4 -WAGE SUPPLEMENTAL BENEFITS
SECTION 4.1 EMPLOYEE INSURANCE
A. Cost of Medical Insurance for Active Employees:
The City shall pay the applicable monthly PERS minimum contribution per employee for active employee health insurance . In addition to the PERS Minimum Contribution, the City shall provide active employees with an additional contribution. The aggregate amount shall be referred to as the "City Contribution."
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1. Contributions for Full-time Employees
Effective May 23, 2023
1 Party
City Contribution $597.68 per month
2 Party Family
$1,140.36 per month $1,595.96 per month
On the May 23, 2025 and June 6, 2025 pay check dates the City shall issue two (2) one-time payments, for those eligible and receiving health insurance benefits as of April 20, 2025, in the following amounts based on enrollment tier: 1 party: $484.08, 2 party $1008.90, and Family plan $1196.28.
Effective July 1, 2025
1 Party 2 Party Family
City Contribution $678.36 per month $1,308.51 per month $1,795.34 per month
2. Contributions for Part-Time Junior Library Clerk, Library Technician, Librarian, Senior Library Page, and Senior Library Technician employees scheduled to work an average of 20 hours or greater per week (but not full-time):
The City shall pay the applicable monthly PERS minimum contribution per employee for active employee health insurance. In addition to the PERS Minimum Contribution, the City shall provide active employees with an additional contribution. The aggregate amount shall be referred to as the "City Contribution".
Effective May 23, 2023
For employees hired prior to January 1, 2008 :
1 Party 2 Party Family
!City Contribution $459. 7 4 per month $872.67 per month $1,165.15 per month For employees hired after January 1, 2008 :
1 Party 2 Party Family
City Contribution $338.55 per month $593.84 per month $77 4.67 per month On the May 23, 2025 and June 6, 2025 pay check dates the City shall issue two (2) one time payments, for those eligible and receiving health insurance benefits as of April 20, 2025, in the following amounts based on enrollment tier: 1 party: $242.04, 2 party:
$504.48, Family $598.14
Resolution 2025-17 9 TLEA 2025-2028 MOU
Effective July 1, 2025
1 Party 2 Party Family
City Contribution $378.89 per month $677.92 per month $874.36 per month
1. Contributions for Library Pages
In compliance with the provisions of the Affordable Care Act, an employee who works more than 20 hours per week on a regular basis over twelve (12) months will receive City paid health insurance. The City shall pay the applicable monthly PERS minimum contribution per employee for active employee health insurance. In addition to the PERS Minimum Contribution, the City shall provide active employees with an additional contribution. The aggregate amount shall be referred to as the "City Contribution".
Effective May 23, 2023
For employees hired prior to January 1, 2008 :
1 Party 2 Party Family
City Contribution $459.74 per month $872.67 per month $1,165.15 per month For employees hired after January 1, 2008 :
1 Party 2 Party Family
City Contribution $338.55 per month $593.84 per month $77 4.67 per month On the May 23, 2025 and June 6, 2025 pay check dates the City shall issue two (2) one-time payments, for those eligible and receiving health insurance benefits as of April 20, 2025, in the following amounts based on enrollment tier: 1 party: $242.04, 2 party: $504.48, Family $598.14
Effective July 1, 2025
1 Party 2 Party Family
City Contribution $378.89 per month $677.92 per month $874.36 per month A. Cash-In-Lieu Payments
Employees who meet the following requirements will receive a cash-in-lieu payment of $400.00 per month and the Junior Library Clerk will receive cash-in-lieu payment of $113.00 per month for as long as the employee opts-out of medical coverage:
1. The employee provides proof of minimum essential coverage ("MEG") through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year for which the employee opts-out of City-offered coverage ("alternative required coverage").
Resolution 2025-17 10 TLEA 2025-2028 MOU
2. The proof of coverage must show that the employee and all individuals in the employee's expected tax family have (or will have) the required MEC for the plan year. The employee must provide reasonable evidence of the MEC for the applicable period by signing and submitting an attestation to the City.
3. The employee must provide such reasonable evidence and attestation of alternative coverage every plan year during open enrollment.
4. The City will not provide the cash-in-lieu payment if it knows or has reason to know that the employee or tax family member does not have the alternative required coverage.
B. Short/Long Term Disability:
1. In accordance with the provisions of the Commercial short term/long term disability plan, employees with pre-existing conditions who do not qualify for coverage under the Commercial policy shall receive the following benefit:
a. Commencing with the thirty-first (31 51 ) calendar day after the first (1 51 ) day of lost time, the employee shall receive two-thirds (½) base biweekly pay for a period of time not to exceed one (1) month for each tWo (2) months of service to a maximum of two years.
b. An employee requesting receipt of such benefits must meet the criteria specified in Attachment A and must request a medical leave of absence in connection with a request to receive long-term disability. The request for a medical leave of absence and for LTD benefits must be made in advance except where it can be shown that a bona fide emergency existed.
c. Payments, pro-rated for actual time on LTD, will commence on the thirty-first (31 51 ) day of lost time by warrant issued every twenty-eight (28) days or portion thereof.
They shall not entitle the employee to accrual of any other benefits. d. The maximum of two (2) years shall be for a single or multiple instance subject to the employee restoring such benefit one (1) month for each (2) months of service.
The "Maximum Benefit Period" means twenty-four (24) calendar months. e. Such insurance is subject to administrative rules in Attachment A.
2. Employees who were active employees on or after August 1, 1997 and who qualify for the Commercial Insurance long term/short term disability program shall be covered as follows:
a . An employee must request a medical leave of absence in connection with a request for such benefits.
b. After an elimination period, employees will receive ½ base pay for a period as determined under the guidelines of the commercial insurance policy. c. Eligibility for this Commercial plan, and all provisions of the plan are in accordance with the commercial insurance policy.
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C. Dental Insurance:
All employees covered by this agreement will receive two-party dental insurance. This benefit has no cash value if not used. If employees want to cover additional family members, additional insurance may be purchased.
D. Vision Insurance
All employees covered under this agreement will receive at no cost to the Union or employee one-party vision insurance. This benefit has no cash value if not used. If employees want to cover additional family members, additional insurance may be purchased.
E. Life Insurance
Employees covered under this agreement shall receive a life insurance policy in the amount of no less than $50,000.
The City and TLEA will jointly participate in the selection process of its insurance carriers for life insurance, short-term disability insurance ar;1d long-term disability insurance.
SECTION 4.2 ALLOWANCE FOR SECTION II EMPLOYEES
Effective May 21, 2023 the $75 per month Section II Allowance is included in Section II Employee base salary .
SECTION 4.3 RETIREMENT
A. Employees (except Library Pages) 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 current contract with the California Public Employees Retirement System including, but not limited to 2% at 55 (per Government Code Section 21354 ), highest year and military buy-back (per Government Code Section 20042) and supplemented by Social Security.
B. The City shall pay the employee's 7% contribution to PERS for employees of the Torrance Library Employees Association.
C. The seven percent (7%) paid by the City is considered as employer-paid member contributions (EPMC).
D. Effective February 1, 2011, all new hires shall be responsible for the employee's contribution to PERS, currently 7% of pay.
1. Section 4.4(C) would no longer be applicable for those 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 CalPERS shall be considered new members and shall be covered by the City's contract with CalPERS 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).
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SECTION 4.4 INDUSTRIAL ACCIDENT (Section I Employees only) A. For injuries sustained prior to August 3, 1997, the following applies:
In the event an employee sustains an injury or illness arising out of and occurring in the course of his/her employment with the City, the employee shall be entitled to industrial injury leave as follows:
1. Up to three (3) months during the first two (2) years of employment.
2. Up to six (6) months during the third (3 rd ) year of employment.
3. Up to twelve (12) months after three (3) years of employment for industrial injury.
4. Such leave shall be at ninety percent (90%) of the regular salary rate. Said leave shall terminate upon return to regular work or when the injury is deemed permanent or stationary, or at the expiration of the maximum time period listed in this section.
B. For injuries sustained on or after August 3, 1997, the following applies:
In the event an employee sustains an injury or illness arising out of and occurring in the course of his/her employment with the City, the emplbyee shall be entitled. to industrial injury leave as follows:
1. Up to three (3) months during the first two (2) years of employment.
2. Up to six (6) months during the third (3 rd ) year of employment.
3. Up to eight (8) months after three (3) years of employment for industrial injury.
4. Such leave shall be at eighty-five percent (85%) of the regular salary rate. Said leave shall terminate upon return to regular work or when the injury is deemed permanent or stationary, or at the expiration of the maximum time period listed in this section.
C. Employees who are on industrial injury leave with pay as a result of an industrial injury shall continue to accrue seniority, and shall receive holidays, accrue vacation, and sick leave benefits the same as if they had been present for duty.
D. An employee on industrial injury leave shall be under the direction of the City subject to medical advice and shall be available at all times unless he/she receives specific permission from the City.
E. Management and the employee organization jointly indicate their concern for the proper use of industrial injury leave. Management has the responsibility to seek lateral transfer of an injured employee where appropriate and to process involuntary disability retirement where necessary.
1. The Department Head shall notify TLEA within seventy-two (72) hours of any industrial injury which causes the death or hospitalization of any member of the bargaining unit.
F. All Section II employees are entitled to benefits from the State of California with respect to industrial injury.
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SECTION 4.5 SICK LEAVE
A. An employee may use sick leave to care for themselves or family members in compliance with the City's Policy on Leaves of Absence in accordance with State and Federal 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. Such time shall be deducted from the existing sick leave accruals of the employee. In addition, employees may use sick leave for the following reasons:
1. Retirement Early Notification Incentive Program
An employee may use sick leave in accordance with the Retirement Early Notification Incentive Program requirements.
B. Accrual rate
1. Full-Time Librarians, Library Technicians, and Senior Library Technicians shall be granted sick leave in the
following manner: Six hours per month to a maximum of 600 hours accrued sick leave.
2. Part-Time Employees
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.
C. Cash or deferred compensation options
1. Employees, except Library Pages may select, in June and/or December of each year, to convert any sick leave granted but unused over three hundred (300) hours into cash at the rate of one hour of pay for each hour of unused sick leave. Such payments shall be made before June 15 and/or December 15.
2. All Employees except Library Pages, any hours of sick leave which would have been granted over 600 hours accrued sick leave shall be converted into cash payable in December of each year on the basis of one hour pay for each hour of unused sick leave. An employee who wishes to defer this amount must submit a written request to the Finance Department no later than December 1.
H. Overtime rate after sick leave
1. In the event an employee is absent on sick leave during part of a week and subsequently is required to work on his/her regular day off, he/she shall be Resolution 2025-17 14 TLEA 2025-2028 MOU
compensated in the same manner as for overtime. He/she may, however, be required to substantiate an illness by a written statement from an attending licensed physician or a personal affidavit.
2. Said provisions shall not apply where an employee is called out for emergency work after hours and the overtime rate shall apply regardless of sick leave taken during the week.
3. For the purposes of call out, employees who are absent on sick leave will be placed in the position of least seniority on the day they are absent and will remain in that seniority ranking until they return to regular duty.
I. Conversion of sick leave
1. Full-time Librarians, Library Technicians, and Senior Library Technicians, at the time of termination after the appropriate years of service, shall have their accumulated sick leave converted by the City into cash or deferred income on the following basis:
a. After one year of service, each hour of accumulated sick leave shall equal ¼ hour pay.
....
b. After seven years of service, each hour of accumulated sick leave shall equal ½ hour pay.
c. At retirement, each hour of accumulated sick leave shall equal one hour's pay.
2. Full-time Librarians, Library Technicians, and Senior Library Technicians, shall have their accumulated sick leave paid at the hourly rate upon the death of an employee covered by this Agreement regardless of years of service, to be paid to the employee's beneficiary.
J . Personal Leave
Two work shifts of sick leave per calendar year may be used by the employee for personal leave for which no verification is required. Such leave must be approved in advance per departmental work rules and shall not be unreasonably denied.
The amount used is deducted from sick leave and may not be carried over from year to year. The time shall be taken in increments of no less than one half shift.
The leave, while paid for out of sick leave, is actually paid personal leave and is not a part of sick leave usage in and of itself.
SECTION 4.6 HOLIDAYS
A. For the purpose of this agreement, the following days shall be considered holidays with pay:
• New Year's Day
• Martin Lut~er King Jr. Day
• Lincoln's Birthday
• Washington's Birthday
• Memorial Day
• Independence Day
• Labor Day
• Veteran's Day
• Thanksgiving Day
• The day after Thanksgiving Day
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• The last working day prior to Christmas
• Christmas Day
• The last working day prior to New Year's Day
• In addition to the c;ibove holidays, Katy Geissert Civic Center Library is closed on Armed Forces Day and staff are offered the ability to work another library location in its place, utilize vacation accruals, or take the day unpaid.
B. Value of Holidays
1. For Full-time Employees
a holiday shall be the value of the normal work shift -either eight (8) or nine (9) hours.
2. For Part-time employees eligible for holiday pay will be paid for four (4) hours per holiday except July 4, which shall be six (6) hours, and Christmas Day which shall be five (5) hours.
C When a holiday listed in this section occurs on a Saturday, the day immediately preceding such holiday will be observed as the holiday. When a holiday listed in this section occurs on a Sunday for pay purposes the day immediately following such holiday will be observed as a holiday. If a holiday falls on any other scheduled d~y off, full-time employees shall accrue vacation leave consistent with the value of the holiday and part-time employees shall continue to be paid for the holiday leave on that day.
D. The library system shall close at 6:00 p.m. the day before Thanksgiving. Scheduling shall be at the discretion of the department head or designee. Employees normally scheduled to work after 6:00 p.m. shall have their shift scheduled at the discretion of the department head, or designee, in order to provide sufficient coverage within that pay period.
E. On July 1 of each year, the department head, or designee, will disseminate a list of holidays on which the library shall be closed.
F. In order to be paid for the holiday, an employee must work at least one hour in the pay period or use one hour of approved paid leave time in the pay period.
G. Birthday Leave (SENIOR LIBRARY PAGES)
All employees eligible for birthday leave will receive four (4) hours on their date of hire and four (4) hours at the beginning of each fiscal year thereafter. The four (4) hours will be added to their authorized leave balance at the beginning of the fiscal year. This leave may not be cashed out and is accruable for a maximum of 36 months.
SECTION 4.7 VACATION LEAVE
A. Junior Library Clerks, Librarians, Library Technicians, Senior Library Pages, and Senior Library Technicians shall earn vacation on a prorated hourly basis as follows:
1. Upon hire and completion of 2nd year of employment, at the rate of 9.33 hours per month
2. Commencing with the 3rd year of employment and until the completion of three years of employment, at the rate of 10.00 hours per month t.
3. Commencing with the 4th year of employment and until the completion of four years of employment, at the rate of 10.67 hours per month.
4. Commencing with the 5th year of employment and until the completion of nine years of employment, at the rate of 12.67 hours per month.
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5. Commencing with the 10th year of employment and until the completion of twenty years of employment, at the rate of 16.02 hours per month.
6. Commencing with the 21 st year of employment, at the rate of 17.33 hours per month.
7. Commencing with .the 25th year of employment, at the rate of 18.00 hours per month.
B. Library Pages shall earn vacation as follows (assuming a 20 hour work week):
1. Upon hire at the rate of 24 hours per year.
2. Commencing with the 5th year of employment and until the completion of nine years of employment, at the rate of 44 hours per year .
3. Commencing with the 10th year of employment, at the rate of 64 hours per year.
C. Vacation Eligibility
Employees shall earn vacation only while receiving compensation from or through the City, and vacation shall be calculated on an hourly earned basis.
D. The time of taking vacation shall be determined by _the department head.or designee. An ,. employee may take vacation only in increments offull days or shifts unless department head approval is given for small increments of not less than 4 hours.
E. An employee can accrue vacation up to the amount earned over the preceding 36 months.
F. Borrowing
Junior Library Clerks, Librarians, Library Technicians, Senior Library Pages, and Senior Library Technicians may borrow up to forty (40) hours of earned vacation subject to the approval of his department head.
G. Effect of Holidays
When an authorized holiday occurs during a vacation period, such days shall not be deducted from earned vacation.
H. Effect of Separation
1. Any borrowed vacation owed by a separating employee shall be deducted from employee's final pay.
2. Any vacation owed to a separating employee shall be added to the employee's final pay in the form of cash or deferred income.
I. Two shifts of vacation per fiscal year may be used for personal leave. Such leave shall be asked for one week in advance except in case of a bona fide emergency. The leave shall not be accruable from year to year and if used, shall be deducted from earned vacation.
Subject to division manager approval, personal leave may be taken in increments of less than four (4) hours.
J . Pay for vacation
An employee, subject to Department Head approval, may select either to receive pay or to defer vacation pay up to 80 hours per fiscal year. Employees must, however, leave a minimum balance of 40 hours on the books .
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SECTION 4.8 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 4.9 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 4.10 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 4.11 DEFERRED COMPENSATION
A. Upon hire, Library Pages or any other part-time 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. All other employees, including Junior Library Clerks, Librarians, Library Technicians, Senior Library Pages, and Senior Library Technicians that are deemed contributory members by CalPERS shall be eligible to participate in a City administered deferred program consisting of a deferred compensation plan.,.
C. At the completion of one (1) year of service, Librarians, Senior Library Technicians, and Library Technicians become eligible for and shall receive a non-matching deferred City contribution of $300 ($11.54 per pay period) per calendar year. The $11.54 per pay period will be deferred on the employees' behalf.
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ARTICLE 5-SPECIAL COMPENSATION PROVISIONS
SECTION 5.1 OVERTIME COMPENSATION
A. Section I Employees
1. Employees shall be compensated by pay at the rate of one and one-half (1 ½) times the regular hourly rate of the employee for those hours worked in excess of forty (40) hours in any one (1) week, or in excess of eight (8) hours in any one calendar day.
2. An employee may select, with Department Head approval, to take compensatory time for overtime worked in lieu of pay. Such leave shall be paid at time and one half.
Compensatory time can be accrued to a maximum of 60 hours.
B. Section II Employees
1. Section II employees required to work on days the library is closed for the purpose of emptying book drops will be compensated at time and one half (1½) for all hours worked at a minimum of two hours.
2. Computation: Overtime shall be computed for actual time worked except for minimum as specified in Subsection 5.1.B.1.
C. Computation
1. Overtime shall be computed for actual time worked except as specified in Subsection C.2 below.
2. An employee called out after regular working hours for emergency work shall be compensated, therefore, at the regular overtime rate of a minimum of two (2) hours.
D. Overtime Claims for Compensation
1. Overtime worked must be reported to the Finance Director within fifteen (15) calendar days after the end of the pay period in which the service was rendered. Failure to do so waives any claim for compensation for such service by the employee concerned.
E. Overtime may be mandatory if no volunteers are found.
SECTION 5.2 MOVE-UP ASSIGNMENT
A. Objective
The objective of this section is to provide an equitable manner of paying employees for work done and responsibility assumed when that employee is moved up to a higher classification during the temporary absence of another employee.
B. Assignment
1. When an employee is temporarily absent from his/her job, another employee may be assigned by the department head or his designee to do the work of the absent employee.
2. The assigned employee need not possess the minimum qualifications for the position of the absent employee.
3. An employee with a below standard evaluation for the preceding six (6) months period will not be considered (except where the performance evaluation is being formally Resolution 2025-17 19 TLEA 2025-2028 MOU
appealed). In the absence of a performance evaluation for this period, the employee's performance shall be considered standard for purposes of this section.
4. The division manager may permit the position to remain temporarily vacant, if, in his/her opinion, the public health, welfare and safety are not jeopardized.
5. An employee may decline a move-up assignment subject to Subsection Ea) Priority 1, Priority 2 and Priority 3 below.
C. Duration of Assignment
Any employee moved up pursuant to this section shall remain in the higher class until the incumbent returns to duty, subject to the following condi~ions:
1. Each such assignment shall not exceed (90) days duration.
2. If the work is not performed in a satisfactory manner, the division manager or designee may remove the employee who has moved up and move up another employee to replace him/her or leave the position unfilled.
D. No Probationary Period Credit
Time served by an employee assigned to a higher dass under the provisions of this section shall not be credited toward the employee's probationary period in the higher class.
E. Priority for Move-Up Assignments:
1. Priority 1: If a current nonexpired Civil Service list exists, priority will be given to those employees in the same Division regularly employed in a lower classification who are on the list. Offers will be made in the order the employees are ranked on the list.
2. Priority 2: If no current nonexpired civil service list exists, or the move-up cannot be filled using Priority 1, priority will be given to those regularly employed in the next lower classification on a seniority basis.
3. Priority 3: In the event that there is no employee in the next lower classification willing to accept the move-up assignment, the division manager or their designee may then move to the class below and offer the assignment using seniority as the basis. a. For all move-up opportunities of more than fourteen (14) consecutive days, divisions may use more than one person to fill the vacant position using this seniority system.
b. Employees will indicate their preference for being contacted for move-ups by filing a "move-up interest form" with their Division at the start of the calendar year. This form will allow employees to freeze their name for all move-up opportunities, or to indicate communication preferences regarding move-up opportunities. In the absence of a form on file, employees will be assumed to be interested in move-up opportunities, but will only be contacted while on duty using City communication methods such as email, city radio, telephone or face to face.
F. Absence of Moved-Up Employee
If a moved-up employee is absent, another employee may be assigned during such absence, subject to all provisions of this section.
G. Acting Department Heads:
If a subordinate is not required by class specification to take charge of the department in the absence of the department head, the employee shall be paid during all such move-up Resolution 2025-17 20 TLEA 2025-2028 MOU
assignments five percent (5%) over the above base salary pay, provided, however, that if the temporary absence of the department head continues in excess of thirty (30) consecutive days, the employee shall then be paid at the salary rate of the lowest step for such assigned position which is higher than the current base salary of that employee, to which shall be added earned longevity pay increments.
H. Move-Up Pay for Vacant Positions
1. Except as provided in Subsection H.2), an employee moved up pursuant to this section shall be paid for all days worked in the higher class at a salary rate of the lowest step of the class or the lowest step for such assigned position which will give the employee five percent (5%) more than the current base salary of that employee, whichever is the higher within the base pay range for the class, to which shall be added earned Longevity pay increments.
2. For the purpose of this section, one half shift shall constitute a day.
3. The division manager or designee must authorize move-up.
4. Any assignments to a higher class of a half shift but less than a full shift requires the prior approval of the City Manager or designee."'
I. In the event move-up cannot be filled using Priority 1, 2 or 3, the division manager or designee may then move an employee over within the same classification using inverse seniority or move to the class above using inverse seniority to fill the vacant position.
SECTION 5.3 EDUCATIONAL MATERIAL ALLOWANCE
The City shall pay an annual educational material allowance of $333 to each Librarian, Senior Library Technician and Library Technician covered by this agreement on the first pay period in September of each year.
ARTICLE 6 -WORKING CONDITIONS
SECTION 6.1 HOURS OF WORK
A. Employees in the classification of Librarian, Library Technician, and Senior Library Technician shall be full-time or part-time in nature.
B. Employees in the classification of Junior Library Clerk, Library Page and Senior Library Page shall have their hours of work set at the discretion of the department head, or designee. Every reasonable effort shall be made to accommodate the desires of the individual employee.
SECTION 6.2 REST PERIOD
A. Employees covered by this agreement may be allowed one, up to 15-minute, rest period in accordance with departmental rules during each half of the regular workday or regular workshift. In such cases:
1. These rest periods will not be taken at the beginning or end of either half of the regular workday or work shift.
2. Rest periods may not be accumulated, nor shall such rest periods have any monetary value if unused.
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3. The provisions of this section may be modified by a supplemental Memorandum of Understanding between the representatives of Management and the representatives of TLEA to effectuate a flexible work hour concept.
4. Abuses of the provisions of the section will result in disciplinary action.
SECTION 6.3 LUNCH PERIODS
A. In addition to rest periods, employees shall be entitled to a lunch period not to exceed one hour per regular workday or regular work shift subject to departmental rules developed to accommodate a flexible work schedule.
1. Such lunch periods shall be without pay and may not be accumulated.
2. There shall be no restriction on the employee during such lunch periods unless compensated for as overtime.
3. The amount of time for lunch period and the procedure for taking a lunch period shall be determined by departmental rules and regulations.
SECTION 6.4 PROBATIONARY PERIOD (Section I Employees}
A. For all classifications covered by this agreement, 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.
8. 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 20 working days or more if he/she is absent more than 20 working days during his/her probationary period. An employee working a 4/10 will have his/her probation extended by 16 working days or more if he/she is absent more than 16 working days during his/her probationary period. An employee working a 9/80 will have his/her probation extended by 18 working days or more if he/she is absent more than 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 6.5 LATERAL TRANSFERS/MEDICAL LATERAL TRANSFERS A. Lateral Transfer
1. Permanent employees in a job classification represented by TLEA may make themselves available for lateral entry into another classification in any representation unit represented by 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 7.5% difference in the highest step in the base pay range for the class.)
2 . 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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a. No promotional list exists for the position.
b. 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.
c. The City Manager concurs in the lateral appointment. d. 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 the department head and the City Manager shall be final.
e. Such lateral appointment of the employee shall be subject to a 6 month probationary period to verify this competency in the new position. f. 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 . Medical Lateral Transfers
1. Employees subject to medical, lateral transfers shall be subject to a 6-month probationary period.
2. Medical laterals who do not pass qualification period will again be evaluated for current vacancies for which they qualify based on physical restrictions and which are other guidelines (noted in this agreement).
SECTION 6.6 LEAVES 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 6.7 INACTIVE STATUS (Section I Employees)
A. Subject to the approval of the employee's department head and the city manager, an employee may request inactive status.
1. Such a request must be made before the termination of an employee or within 30 days of such termination.
2. The inactive status shall continue for no more than one year.
3. 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.
4. All employee benefits shall not accrue during such inactive status and the employee shall not have continuity of service.
SECTION 6.8 INTRA-DEPARTMENTAL REASSIGNMENTS
A. Vacant Position
1. Employees in class to be notified of vacancy prior to filling of position by permanent or temporary appointment.
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2. Interested employees shall apply for the position to division manager.
3. Applicants shall be interviewed for vacant positions and shall be notified of results within five working days of interview.
4. Reassignments shall be made with the written concurrence of the department head.
B. Without Vacancy
1. Employees may make requests and formally submit application for reassignment by applying to supervisor. Such application shall be made on a form provided by the City.
2. Reassignments between programs may be made by the department head.
3. Such reassignments shall be preceded by reasonable notice (two weeks) to the affected employees, except where emergency conditions preclude such notice.
SECTION 6.9 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 specificaflon, the following will. occur:
1. The City will send a copy of the proposed revised class specification to TLEA 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. TLEA will, within 14 days of the date thatthe 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 class 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 TLEA 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.
4. Upon receipt of the request to meet and confer letter from TLEA, the City will inform TLEA 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 TLEA 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 include 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 Resolution 2025-17 24 TLEA 2025-2028 MOU
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 class 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 days (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 through the impasse resolution process to resolve differences over class specifications. The parties agree to utilize a Fact Finder in accordance with the following timeline:
• Selecting a fact finder within 10 days:
,..
If the parties cannot agree on a fact finder within the same 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.) • Participating in the fact-finding process 60 days:
If the chosen fact finder cannot agree to be available to conduct the fact finding within 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 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 60 days.
• Preparing and submitting the final report by fact finder 30 days:
The parties agree to inform the proposed fact finder, that according to their agreement, the fact-finding report must be issued within 30 days.
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 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 Resolution 2025-17 25 TLEA 2025-2028 MOU
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 classification covered by the agreement will not have wages and/or benefits reduced as a result of the above actions.
C. Either party may request a study of a particular position or series of positions during the life of this agreement. In any event, TLEA shall be notified prior to the studies.
SECTION 6.13 LAYOFF (Section I Employees)
A. Prerequisite to Layoff
Whenever in the judgment of the City it becomes necessary in the interests of economy or, otherwise, for a position or positions to be eliminated, the City Council may abolish any position or positions covered by this agreement and release the employee(s) holding such position( s ).
1. No permanent employee shall be laid off from a position in a given class covered by this agreement until all temporary, recurrent, part-time, and non-promotional probationary employees in that class have first been laid off.
2. This layoff procedure shall be restricted to those employees represented by this agreement and shall have no direct effect or bumping rights on any other employee representation unit, nor shall any other employee representation unit have bumping rights into this unit unless a reciprocal agreement is entered into by both representation units.
B. Order of Layoff
In a class in which a layoff or reduction is to be made, the order shall be as follows:
1. Individuals having two or more below satisfactory ratings within the preceding two years shall be laid off first.
2. Individuals with satisfactory and above ratings shall be retained over those individuals with two or more below satisfactory ratings within the preceding two years.
3. Within the order of layoff as described above, employees shall be released in inverse order of their seniority within the job classification, providing that the remaining employees have the demonstrated ability and qualifications to perform the remaining work within the sub-classifications specified in this agreement.
C. Order of Layoff
The first employees to be released shall be those who have been employed with the City less than six months. This reduction in forces shall occur in inverse order from date of hire.
If a further reduction is necessary, employees shall then be released based upon the Resolution 2025-17 26 TLEA 2025-2028 MOU
following consideration: past performance, then seniority and continuing department job skill need.
D. Bumping Rights
To avert being laid off, an employee with no more than one below satisfactory rating within the preceding two (2) years may use total seniority in all classes covered by this agreement in which the employee had previous permanent appointment during his present period of employment. The order of layoff shall then be as described per Subsection b).
E. Layoff Procedure
Management shall:
1. First advise the employee organization, and then advise the employees in the affected classes, that on a given date, the department will be required to reduce the number of employees in that class by a specific number. Such notice shall be given as far in advance as possible.
2. Post the order of layoff list with a copy of this section.
3. Employees designated for layoff shall have a reasonable period of time from the posting of layoff notices to request in writing that they be allowed to exercise their bumping rights.
F. Release and Recall List
Employees so released shall be placed on a recall list for the job held at time of release.
1. The list shall be split into two parts: exceeds expectation and competent.
2. Employees with "fails to meet standards" shall not be included for recall.
3. Within the "exceeds expectations" and "competent" categories, the employees will be listed in seniority order. Such seniority shall be based on total service to the Torrance Public Library.
4. The City and TLEA will meet and consult over the definition of the categories "exceeds expectations," "competent," and "fails to meet standards" used in the preparation of a Recall List.
G. Re-Employment
The names of persons laid off in accordance with the provisions of this agreement shall be entered upon a list in order of their seniority, except that employees with two or more below satisfactory ratings in the preceding two years shall be placed at the bottom of the list in seniority order.
1. Personnel shall develop the re-employment list and such list shall be used by the Civil Service Commission when a vacancy for that class is to be filled, before certification is made of an eligible list.
2. The appointing officer shall reinstate the one highest available on the re-employment list providing that these employees re-employed have the demonstrated ability and the qualifications to perform the work of that particular sub-classification specified in this agreement.
3. Names shall be carried on such list for a period not to exceed two (2) years from the date of separation from service, or until returned to original position in case of downgrade. Three (3) refusals shall result in being dropped from the list.
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4. The employee shall not accrue benefits during the time of layoff and if re-employed, such layoff time shall be deducted in computing total service but shall not serve to interrupt continuous service.
H. Seniority
For purposes of this section, seniority shall be defined as total and continuous service pursuant to Section 17 .72.2. Where two (2) or more employees have the same anniversary date with the City, seniority shall be decided in the following manner:
1. Where such employees were appointed from the same eligibility list, the employee whose name was lower on the list shall be the least senior employee.
2. Where such employees were not hired from the same eligibility list, seniority shall be decided by the date of promulgation of the eligibility lists .
3. Layoff from Other Representation Units
a. In the event of a layoff in a classification not covered by this agreement, an employee who had previous permanent employment in a classification covered by this agreement shall have the same rights qS employees covered herein; provided, however, that such an employee's seniorit{shall be based solely upon total service in classifications covered by this agreement.
SECTION 6.15 LAYOFF (Section II Employees)
A. Reduction in Staff
Whenever, in the judgment of the Library Department, it becomes necessary for a part-time position or positions to be eliminated , the department head may reduce staff and release the employees holding such position. Reasonable written notification of such reduction in staff shall be provided to TLEA and the effected employee(s).
B. Method of Reduction
The first employees to be released shall be those who have been employed with the City less than six (6) months. This reduction in forces shall occur in inverse order from date of hire. If a further reduction is necessary, employees shall then be released based upon the following consideration: past performance, then seniority and continuing department job skill need.
C. Release and Recall List
1. Employees so released shall be placed on a recall list for the job held at time of release. a. The list shall be split into two parts: exceeds expectations and competent. b. Employees with "fails to meet standards" shall not be included for recall. c. Within the "exceeds expectations" and "competent" categories, the employees will be listed in seniority order. Such seniority shall be based upon total service to the Torrance Public Library.
d. The City and TLEA will meet and consult over the definition of the categories "exceeds expectations," "competent", and "fails to meet standards" used in the preparation of a Recall List.
Resolution 2025-17 28 TLEA 2025-2028 MOU
D. Recall
1. When an opening occurs related to a job description where a recall list exists, the department shall use this list first for appointment.
a. Priority shall be given to employees on the "exceeds expectations" list and then "competent" list.
b. Within these two groups, selection shall be based on seniority. c. If a specific established job skill is required (i.e. driver's license, typing) and no one on the recall list meets those needs, the department head can proceed to recruit beyond the list.
d. Such a list shall have a duration of one year. An employee may decline one offer of rehire. A second declination shall remove that individual from the recall list. e. Upon recall, the employee shall be rehired at an hourly salary rate equal to or greater than that rate previously paid; furthermore, previous service shall be credited for promotional consideration.
SECTION 6.16 SUNDAY HOURS LANGUAGE
A. The City plans to contract with a temporary Library Help agency to fully staff the Central Library on Sundays. This service will begin with the commencement of the school year in September 1986. With the inception of the plan, there will be no TLEA personnel required to work on Sundays. If in the evaluation of the City Librarian the temporary concept is not viable, the City agrees to meet with TLEA regarding Sunday hours. If for some reason the temporary help concept does not work out, TLEA will be responsible for working no more than 30 Sundays during the course of this contract.
B. TLEA-AFSCME Local 1117 library full-time employees who work on Sundays will be paid their normal hourly wage at the rate of time and one-half, pursuant to the provisions of the TLEA MOU. In addition, employees who work on Sundays shall be eligible for a "Sunday differential premium" of 10% for work on that day. Employees also have the option of taking the time as comp time, also paid at time and one-half. The hours of work on Sunday shall be 1 :00 p.m. to 5:00 p.m.
C. Staffing on Sunday is on a voluntary basis. There will be no negative impact on performance evaluations for not volunteering to work on Sundays. However, Management may refer positively, if applicable, on performance evaluations, for Sunday work.
A list will be circulated which shows all open Sundays no later than August 1. Employees who wish to work will be assigned in seniority order. Library employees will be given priority over contract employees.
D. Part-time library employees shall be paid their normal hourly rate for work on Sundays.
Employees who work on Sundays shall be eligible for a "Sunday differential premium" of 10% for work on that day. Employees who work on Sundays shall be eligible for a "Sunday differential premium" of 10% for work on that day.
F . Section 5.1.B.1 shall still be in effect for the Sundays in which the Library is not open as well as other days the library is closed.
Resolution 2025-17 29 TLEA 2025-2028 MOU
SECTION 6.17 REMOVAL OF REPRIMANDS FROM PERSONNEL FILE
After two years an employee may request any written reprimands be removed from his/her file if standard performance evaluation is maintained during those two years.
SECTION 6.18 WORK RULE LANGUAGE
The City shall have written work rules for each Department. Such rules shall be transmitted to TLEA-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.
ARTICLE 7 -GENERAL PROVISIONS
SECTION 7.1 NON-DISCRIMINATION, EQUAL OPPORTUNITY, AFFIRMATIVE
ACTION AND HARASSMENT
A. The City and TLEA-AFSCME Local 1117 support the concept of equal employment opportunity.
B. Neither the City nor TLEA-AFSCME shall discrimi~ate 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 TLEA-AFSCME 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 7.2 MEMBER RELATIONS FUND
Every year on the first pay period of November, employees will be given a grocery certificate for $84 .00 for groceries from the City & AFSCME Local 1117. The City will purchase 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 TLEA-AFSCME Local 1117 an amount equal to $1.00 per employee covered by TLEA-AFSCME Local 1117.
SECTION 7.3 JOB ACTION
A. The TLEA and its members 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 Torrance Library Employees Association, 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 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 employees' organization have not effected resumption of normal work practices, the City shall have the right to take appropriate disciplinary action.
Resolution 2025-17 30 TLEA 2025-2028 MOU
SECTION 7.4 ORIENTATION/MONTHLY MEETING
A. Management indicated a responsibility to maintain a formal departmental orientation program for new employees. Said orientation program shall include a review of the rights and obligations of both the employer and employee under this agreement.
B. Management and TLEA agree to meet monthly to discuss any issues which may be brought forward by either party. The meetings shall be on the fourth (4 th ) 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.
SECTION 7.5 MANAGEMENT RIGHTS
The City shall have the exclusive right to determine the mission of each of its departments, commissions, boards and agencies, set levels of service to be performed, direct its employees, exercise control and discretion over its organization and operation, and determine the methods, means, and personnel by which the City's operations are to be conducted, and the levels of service met, and carry out its mission in emergencies; provided, however, that the exercise of these rights does not preclude employees and their representatives from meeting and consulting or filing grievances about the practical consequences thatidecisions on these matters may have on wages, hours, and other terms and conditions of employment.
SECTION 7.6 EMPLOYEE RELATIONS LEAVE
An amount equal to 22 work shifts (or 198 hours for the combined TLEA and TLEA-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 Heads for permission to use up to an additional three 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 requested 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 7.7 WELFARE TO WORK
Duties normally performed by employees represented 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 represented employees. Displaced shall be defined as partial displacement such as reduction in hours of work, wages or employment benefits.
SECTION 7.8 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.
Resolution 2025-17 31 TLEA 2025-2028 MOU
SECTION 7.9 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 provision is to memorialize the parties' intent with respect to the 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 .l
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 hearings (PERS, 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 imposition 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 meetings, 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 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:
An executive board member who is required to participate 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 Resolution 2025-17 32 TLEA 2025-2028 MOU
-----------------------------
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 through F above will complete and submit the Release Time 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 hour's 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 for 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 .l
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 workday.
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.
2. 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.
3. 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.
4. 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.
5. 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 H 1 above, notification to the City Manager will be provided.
In the event the president takes a leave of absence from the presidency of the union in excess of 14 calendar days, these terms and conditions shall apply to the AFSCME Resolution 2025-17 33 TLEA 2025-2028 MOU
Local 1117 Board approved acting union President. In addition, the union must provide the City Manager with at least seven (7) day's notice of this leave of absence to minimize impact to operations.
6. 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.
SECTION 7.10 SENIORITY
Seniority is defined as hire date with the City of Torrance for all purposes, including but not limited to, bidding for overtime 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.
ARTICLE 8 -SECURITY PROVISIONS
SECTION 8.1 MEMBERSHIP SERVICE FEE
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 Torrance Library Employees Association-AFSCME Local 1117 (hereinafter referred to as TLEA) or pay to TLEA a service fee of ninety percent (90%) of the monthly dues and general assessments of TLEA.
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 TLEA-AFSCME LOCAL 1117 during the new employee orientation meeting.
a. The City will provide to TLEA AFSCME Local 1117 a listing of all new employees , their classifications, departments and department \division telephone numbers within two weeks of their hire date.
b. 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 TLEA-AFSCME under the terms contained herein. c. The City shall also apply this provision to every permanent employee who transfers into this representation unit within 60 calendar days of the transfer. d. TLEA-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 Resolution 2025-17 34 TLEA 2025-2028 MOU
including, but not limited to, employees in classifications covered by this agreement, regarding this section. It is also agreed that neither any employee nor TLEA-AFSCME LOCAL 1117 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. Employee who has initially elected to pay a service fee or make a charitable donation instead of becoming a member of TLEA-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.
f. Every employee represented by TLEA-AFSCME LOCAL 1117, upon hire by the City, shall be provided with a packet of information relevant to TLEA-AFSCME LOCAL 1117 membership and organizational activities. Such packet, prepared by TLEA-AFSCME LOCAL 1117, shall include the name of the employee organization president, and shall be approved by th~ City for relevant content prior to distribution. ...
g. TLEA-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-treasurer or corresponding principal officer, or by a certified public account.
SECTION 8.2 DUES CHECKOFF
TLEA is authorized to use payroll deductions for collecting employee organization dues, service fees, and insurance on a monthly basis. Management will provide all new employees with payroll deduction cards and agreed to information aoout TLEA. All present members of TLEA shall remain members of said employee organization during the effective life of this agreement provided, however, that there shall be an open period during the ninety-calendar day specified in Section 14.8.12.e of the Torrance Municipal Code.
SECTION 8.3 STEWARDS
TLEA will submit to the Human Resources Division and City Manager a written list of employees who have been selected as stewards. Such 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 TLEA. The list shall be kept current by TLEA.
ARTICLE 9 -GRIEVANCES
SECTION 9.1 DEFINITION
A. 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 employees' wages, hours, and working conditions.
Resolution 2025-17 35 TLEA 2025-2028 MOU
SECTION 9.2 SCOPE
A. 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.
B. (Section II only) This procedure shall be used to resolve every grievance for which no other methods or solution are required as provided by law; provided, however, that it shall not include a complaint arising from disciplinary action that involves demotion or discharge filed by an employee with less than 1040 hours of work at his/her job classification within the Torrance Library System.
SECTION 9.3 PROCEDURE
A. First Step: Supervisory Level
1. The employee(s) and/or the representative(s) shall notify the supervisor that he/she/they are bringing a grievance.
2. The grievance may be presented orally or in i,,yriting. 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 TLEA 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.
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 TLEA, Resolution 2025-17 36 TLEA 2025-2028 MOU
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 State Mediation for list. The City shall alternate between the American Arbitration Association and State Mediation and Conciliation Service.
2. Representatives of TLEA-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 agreem_ent. ...
4. Cost of arbitration shall be equally shared by the parties.
SECTION 9.4 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) shall 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 TLEA-AFSCME of any grievance involving the terms and conditions of this Memorandum of Understanding.
F. The TLEA-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.
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 and his/her representative shall participate in good faith at each step of the of the process. Failure to do so may result in the grievance being denied.
Resolution 2025-17 37 TLEA 2025-2028 MOU
ARTICLE 10 -MISCELLANEOUS
SECTION 10.1 TRAINING
A. Both Management and TLEA agree as to the importance of developing leadership qualities among its officers. Management will be supportive to this end by making supervisory training opportunities available to TLEA through its ongoing program in this area . When assigning work schedules, management may give reasonable consideration to employees enrolled in school programs for the purpose of upgrading skills and furthering job advancement.
B. An amount of $1,000 shall be budgeted for the purposes of training for employees covered by this agreement. The procedure for allocating this amount to the employees shall be the sole discretion of TLEA. The approval of the expenditure is jointly implemented by both Management and TLEA. The Human Resources Division is available as a referral for training resources. This amount may be carried over a maximum of two years or $2,000. -..., C . In addition, there will be a one-time amount added to the contract in the amount of $1,059 to be used for the purchase ~nd distribution to its members the "California Public Employee Relations Program" easy Reference Series Pocket Guides.
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 may also be used for purchasing materials, equipment or paying training personnel. Training or activities must be done during non work hours, or when employees use leave time to go to training. TLEA-AFSCME Local 1117 will submit invoices to the City itemizing the disbursement request. The City will have the right to review such disbursement request.
ARTICLE 11 -NOTICE
SECTION 11.1 NOTICE
A. Notices to City. The address for all notices (hereinafter defined) given by Association to City shall be:
City Manager's Office City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Attn : Chief Labor Negotiator
Fax: (310) 618-5891
B. Notices to Association. The address for all Notices, dues payments, written correspondence or any other documents hereunder given by City to Association shall be :
President
AFSCME Local 1117
P.O. Box 444
Torrance, CA 90508
(310) 516-1645
Resolution 2025-17 38 TLEA 2025-2028 MOU
SECTION Ill 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 22 nd day of April 2025 APPROVED AS TO FORM:
PATRICK Q. SULLIVAN, City Attorney
b~9 -
"Y.Strader,AssifyAttorney
G eo e K. Chen, Mayor of the City of
Torra nce
ATTEST:
TORRANCE CITY COUNCIL RESOLUTION NO. 2025-17
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TORRANCE )
I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing resolution was duly introduced, approved, and adopted by the City Council of the City of Torrance at a regular meeting of said Council held on the 22 nd day of April 2025 by the following roll call vote:
AYES:
NOES:
ABSTAIN :
ABSENT:
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
Date : hl 1£9 / % --~ ...... \, ...... °",,_ ______ _
Resolution 2025-17
Gerson, Lewis,
Mayor Chen
None.
None.
None.
39 Kaji, Kalani, Mattucci, Sheikh, and
/
l..--·
Rebe~
City Clerk of the City of Torrance
TLEA 2025-2028 MOU
ATTACHMENT A
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 disease-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 inability 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.
111. 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; 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.
Resolution 2025-17 40 TLEA 2025-2028 MOU
The employee shall be eligible for benefits as noted below:
Full-time Emp loyment
Two (2) months
Full-time Employment
One (1) month
Part-time Emp loyment
Four (4) months
Part-time Employment
Two (2) months
2. Recurrent Disability:
=
=
=
=
Full-time LTD
One (1) month
Part-time LTD
One (1) month
Full-time LTD
One (1) month
Part-time LTD
One (1) month
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.
Resolution 2025-17 41 TLEA 2025-2028 MOU
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 mutual agreement of the employee groups and the City of Torrance;
b.1 The date the employee leaves or is dismissed 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.
1 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 .
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ATTACHMENT B
Catastrophic Leave Program
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 treatment 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 onJ;Joing or lengthy substantial medical treatment. 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 mean an employee's parents, stepparents, 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
Catastrophic Leave will be based on the real value of the leave time donated instead of the hour for-hour past practice.
Procedures / Guidelines for Using Catastrophic Leave
1. Leave of Absence paperwork2 must be submitted to the Human Resources Division. 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. 2 Leave of Absence paperwork consists of "Request for Leave of Absence" form and either a form from the insurance provider (for personal illness) or a "Family Medical Certification" form (for family illness).
Resolution 2025-17 43 TLEA 2025-2028 MOU
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.
In these cases, any unused donated balances will be returned to the respective donating employees.
10. Any subsequent illness after the close of the bank wiH require a new request and approval.
Procedures I 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.
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ATTACHMENT C
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 Form 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)
Employee Signature _____________________ _
Supervisor's Signature _____________________ _
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