Upland Police Management Association 7/1/2022 – 6/30/2023
17 years any major offenses shall also be removed. A minor offense shall be defined as anything in which the officer receives a five day suspension or less. A major offense shall be anything in which the officer receives more than a five day suspension, including demotion or pay reduction.
ARTICLE 30 – WORK SCHEDULE
Effective January 21, 2001, the parties agree to convert the 4/10 work schedule to a combination of a 4/10 and 3/12.5 work schedule. The work schedule includes the following elements:
A. There are six shifts to select from. The 4/10 shift will have a day shift/swing shift and night shift. The 3/12.5 shift will have a day shift/night shift and a cover shift. Exhibit A attached hereto shows each of the shifts. Bargaining unit members working the 3/12.5 shift shall be required to work the following work shift: during a 28 -day work period (which is permissible pursuant to Section 207(k) of the Fair Labor Standards Act), bargaining unit members would work twelve (12) 12.5 hour shifts and one 10 hour shift for a total of 160 hours. The twelve (12) 12.5 hour shift shall be worked three consecutive days per seven day period and the 10 hour shift shall be worked on the day either before or after the three consecutive days. As such, in the workweek when the 10 hour day is worked, the bargaining unit member will work four days in a row.
B. The 10 hour shift would be scheduled at the discretion of the shift’s Watch Commander (ultimately at the discretion of the Chief of Police) as follows: when bargaining unit members sign up for their 3/12.5 shift for six months in advance, the Watch Commander shall choose a particular day (e.g., the third Monday or second Friday) which will be the 10 hour workday for the entire six month period. The Watch Commander shall note the particular day he has selected for the 10 hour workday on the sign up sheet in advance of it being circulated.
C. A 28 day work period (pursuant to Section 7(k) of the FLSA ) will be in effect for all sworn police employees of the City. However, notwithstanding the FLSA work period, all sworn personnel shall have wages computed each pay period. Payment of regular wages and overtime (i.e., for work in excess of the regularly assigned shift) shall be made to sworn personnel on each bi-weekly payday. Sworn police personnel shall be compensated with overtime for all hours worked in excess of their regularly assigned shift. Hours worked shall include all time when an employee is necessarily required to be on the employer’s premises on duty or at a prescribed work place. Even though paid leave does not count as hours worked pursuant to the FLSA, paid vacation, sick leave and compensatory time off shall count as hours worked for overtime purposes to this Agreement.
D. All bargaining unit members working a 3/12.5 work schedule shall work a 12 ½ hour shift.
E. All bargaining unit members working the 3/12.5 or 4/10 work schedules shall be allowed a paid 45 minute lunch break.
Upland Police Management Association 7/1/2022 – 6/30/2023
18 F. Bargaining unit members shall sign up by seniority, unrestricted; 2) bargaining unit members assigned to special assignments, i.e., Detective Bureau, Special Services, Administration and Training, shall work from 7:00 a.m. to 5:00 p.m. Monday through Thursday.
G. Notwithstanding the foregoing, if the Chief of Police determines that a need exists to move a bargaining unit member from one plan to another (from 3/12.5 shift to a 4/10 shift or vice versa) or from one shift to another (e.g., day shift to swing shift) to meet min imum staffing and/or emergency needs, he will do the following: 1) He will first post 10 days prior to the need to modify a unit member’s work plan or shift a volunteer sign -up sheet asking for individuals who wish to volunteer to have their work plan or shift modified from their current plan or shift to the opposite work plan or another shift; 2) if he does not receive a volunteer(s), he will modify the work plan or shift of the least senior unit member who is working the work plan or shift from which the Chief needs to move a unit member(s) by moving that individual(s) to the opposite work plan or another shift to meet department needs (i.e., moving the unit member’s work plan from a 3/12.5 to a 4/10 or vice versa or moving the unit member’s work shift to another work shift).
ARTICLE 31 - PREVAILING BENEFITS
Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.
ARTICLE 32 - SAVINGS CLAUSE
Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and Association shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful. Such equivalent benefit will be implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.
Upland Police Management Association 7/1/2022 – 6/30/2023
19 CITY OF UPLAND
_____________________________________ ___________________ Michael Blay, City Manager Date
_____________________________________ ___________________ Stephen Parker, Assistant City Manager Date
_____________________________________ ____________________ Terry Doyle, Human Resources/Risk Manager Date
UPLAND POLICE MANAGEMENT ASSOCIATION
_____________________________________ ___________________ Maurice Duran, UPMA President Date
______________________________________ ___________________ Anthony Kabayan, UPMA Vice-President Date
Upland Police Management Association 7/1/2022 – 6/30/2023
20 APPENDIX A
Classes included in the Upland Police Management Unit:
Grade Classification Title
6461 POLICE CAPTAIN
5421 POLICE LIEUTENANT
5387 POLICE SERGEANT
Upland Police Management Association 7/1/2022 – 6/30/2023
21 APPENDIX B
Please note the July 1, 2022 salary schedule includes a 2.5% COLA and 2.5% equity increase.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADOPTING A MEMORANDUM OF
UNDERSTANDING WITH THE UPLAND MID-MANAGEMENT
EMPLOYEES ASSOCIATION
WHEREAS, it is the policy of the City of Upland to compensate its employees in a fair and equitable manner for their efficient and faithful service; and
WHEREAS, the City opened negotiations with the duly authorized representatives of the Upland Mid-Management Employees Association and have reached Agreement to amend the current Memorandum of Understanding through June 30, 2023.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council hereby approves the Memorandum of Understanding between the City of Upland and the Upland Mid-Management Employees Association, attached hereto, and authorizes the City Manager, Assistant City Manager, and Human Resources/Risk Manager to execute the Memorandum of Understanding.
Section 3. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED and ADOPTED this 13th day of June, 2022.
Bill Velto, Mayor
Resolution No.
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 13th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND MID-MANAGEMENT EMPLOYEESEMPLOYEES
ASSOCIATION
July 1, 2022 to June 30, 2017 June 30, 2023
TABLE OF CONTENTS
ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING ................................... 14 ARTICLE 2- RECOGNITION ................................................................................................... 14 ARTICLE 3- MANAGEMENT RIGHTS ................................................................................... 14 ARTICLE 4- SALARIES ............................................................................................................ 5 ARTICLE 5 - RETIREMENT BENEFITS ................................................................................... 6 ARTICLE 76- HEALTH INSURANCE- CAFETERIA PLAN .................................................. 47 ARTICLE 87- RETIREE HEALTH INSURANCE REIMBURSEMENT ................................... 58 ARTICLE 98- RETIREE HEALTH SAVINGS ACCOUNTS .................................................... 69 ARTICLE 109 -LIFE INSURANCE .......................................................................................... 96 ARTICLE 110- ......................................................... LONG TERM DISABILITY INSURANCE 96 ARTICLE 121 - DEFERRED COMPENSATION .................................................................... 96 ARTICLE 13 -EDUCATION INCENTIVE. ................................................................................. 7 ARTICLE 124- ............................................... LONGEVITY PAYTUITION REIMBURSEMENT 107 ARTICLE 13-LONGEVITY PAY .............................................................................................. 10 ARTICLE 145 - MERITORIOUS PAY ................................................................................... 107 ARTICLE 15 – BILINGUAL PAY ............................................................................................ 11 ARTICLE 166- ................................................................. PREVENTATIVE HEALTH BENEFIT 811 ARTICLE 177- ................................................................................... UNIFORM ALLOWANCE 118 ARTICLE 18-WORK BOOTS .................................................................................................. 12 ARTICLE 1918- WATER CERTIFICATION TRAINING PAY ............................................... 812 ARTICLE 201- HOLIDAYS - FLOATING HOLIDAYS .......................................................... 132 ARTICLE 201 - EXECUTIVE LEAVE .................................................................................. 914 ARTICLE 212- SICK LEAVE BUYBACK ............................................................................ 914 ARTICLE 234 - SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT ..................... 154 ARTICLE 245- VACATION ..................................................................................................... 15 ARTICLE 25- VACATION BUYBACK .................................................................................... 15 ARTICLE 26- BEREAVEMENT LEAVE ................................................................................. 16
ARTICLE 27 - QUARTERLY PERSONNEL REPORTS ........................................................ 16
ARTICLE 278- LAYOFFF- LAYOFFF PROCEDURE ........................................................ 117 ARTICLE 2930- PREVAILING BENEFITS ............................................................................. 20 ARTICLE 30 - SAVINGS CLAUSE ........................................................................................ 20
ARTICLE 301-TERM OF AGREEMENT ............................................................................ 1520 ARTICLE 312-ZIPPER CLAUSE ........................................................................................ 1521
Upland Mid-Management Employees Association 7/1/22- 6/30/23 1 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND MID -MANAGEMENT EMPLOYEES EMPLOYEES’
ASSOCIATION July 1, 201722 - JUNE 30, 20223
ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter known as MOU) is made and entered into by and between the City of Upland (hereinafter referred to as CITY) and the Upland Mid-Management Employees Association (hereinafter referred to "UMMEA").
ARTICLE 2 - RECOGNITION
The City hereby formally recognizes the UMMEA as the representative for those employees in the Mid-Management Employees Unit.
Recognition is granted for the purpose of meeting and conferring on wages, hours, terms and conditions of employment and general representation of employees in this unit.
This MOU shall contain all of the covenants, stipulations, and provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment, not covered in this MOU, are covered by existing ordinances, resolutions, policies and practices of the City, as well as the Merit System Rules and Regulations presently in effect.
ARTICLE 3 - MANAGEMENT RIGHTS
The rights of the CITY include, but are not limited to the exclusive right to:
A. Determine the mission of its constituent departments, commissions and boards; B. Set standards of service;
C. Determine the procedure and standards for employment and promotion; D. Direct its employees;
E. Relieve its employees from duty because of lack of work or for other lawful reasons; F. Maintain efficiency of government operations;
G. Determine the methods, means and personnel by which government operations are to be conducted;
H. Determine the content of job classifications;
I. Take all necessary actions to carry out its mission in emergencies;
Upland Mid-Management Employees Association 7/1/22- 6/30/23 2 I.J. Exercise complete control and discretion over its organization and the technology of performing its work;
J.K. To discharge, suspend, demote, reprimand, withhold salary increases or otherwise discipline employees for cause;
K.L. To establish employee performance standards, including, but not limited to, quality and quantity standards and to require compliance.
There are no provisions in this MOU that shall be deemed to limit or curtail the City in exercising its rights, unless and only to the extent that the provisions of this MOU specifically curtail or limit such rights.
Where required by law, the City agrees, prior to implementation, to meet and confer with the UMMEA concerning the exercise of a City right upon wages, hours and terms and conditions of employment.
The City reserves the right to contract out any work it deems necessary in the interest of efficiency, economy, improved work product, or emergency. Except where an emergency situation exists, at least 60 days before the City contracts out work in a general area, where such contracting out would result in the layoff of existing employees, the City will notify the UMMEA and offer the UMMEA an opportunity to meet and discuss the matter before the date any existing bargaining unit employee is laid off. Matters which may be discussed include the necessity for subcontracting, costs, alternatives, placement of affected employees with the contractor or elsewhere within the City.
ARTICLE 4 - SALARIES
A. Effective the first full pay period following MOU ratification by UMMEA and Approval by the City Council the City shall issue:
a. all employees in this unit shall receive a four and one half percent (4.5%) COLA increase in base salary.a one-time lump sum distribution for each employee currently working for the b. City and also employed by the City on July 1, 2017 of 1% (one percent) of their base annual salary as of July 1, 2017. The parties agree that the one-time distribution shall not be credible for CalPERS retirement. c.a. a one-time lump sum distribution for each employee currently working for the City and also employed by the City on July 1, 2018 of 1% (one percent) of their base annual salary as of July 1, 2018. The parties agree that the one-time distribution shall not be credible for CalPERS retirement.
B. Effective the pay period beginning August 11, 2019, following MOU ratification by UMMEA and City Council approval, all employees in this unit shall receive a 4% COLA increase in base salary.
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
3 C. Effective June 28, 2020, all employees in this unit shall receive a 2% COLA increase in base salary.
D. Effective June 27, 2021, all employees in this unit shall receive a 2% COLA increase in base salary.
The salary schedule isn Exhibit B of the City of Upland Compensation Plan and attached hereto as "Exhibit B."
A one-time lump sum Premium Payment to members of the Association in the amount of forty-five hundred dollars ($4,500) per employee utilizing American Rescue Plan Act (ARPA) funding. The payment will be distributed on a special payroll as soon as practical after ratification of the MOU by U MMEA and the City Council. The parties agree that the one-time distribution shall not be pensionable.
These payments will be pro-rated based on the number of months employees have been employed with the City during April 1, 2020, through March 31, 2021. An employee who was hired after the 15th of the month will not receive credit for working that month for purposes of calculating the pro -rated lump sum payment.
• For Example, an employee hired on May 16, 2020 , will receive a payment of $3,750 (10 months times $375).
Employees who have been on an unpaid leave of absence during this time will also have their lump sum payment pro-rated based on the period of unpaid leave of absence.
ARTICLE 5 - RETIREMENT BENEFITS
Pension Reform Act of 2013:
The parties agree that the provisions of AB 340 (The California Pension Reform Act of 2013) went into effect on January 1, 2013. In addition, if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law automatically goes into effect, it shall do so. Either party may request to negotiate over the impact of such subsequent legislation.
A. PEPRA Members:
Pursuant to the Act, for "new members" herein referred to as PEPRA (Public Employees' Pension Reform Act) members (as defined by the Act ) who are employees hired after January 1, 2013, they will be hired pursuant to the 2% @ 62 retirement formula.
For PEPRA members (as defined by the Act) who are employees hired after January 1, 2013, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement.
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
4 For PEPRA members (as defined by the Act) hired after January 1, 2013, the employee shall pay the higher of the classic member contribution or one half of the total normal cost rate as defined by the Act as their employee retirement contribution.
B. Classic Employees - two groups:
1) Classic Employees hired on or before December 31. 2019, in the Mid-Management Employees unit are provided with membership in the California Public Employees Retirement System (CalPERS), 2.5%@ 55 retirement formula. The employee will pay the eight percent (8%) CalPERS employee/member contribution. Classic Employees hired after January 1, 20202020, shall cost share with the City by contributing 1.4% of CalPERS employer contribution in addition to the 8% employee/member contribution.
Upland Mid-Management Employees Association 7/1/22-6/30/23 5 The City contracts with CalPERS for the Single Highest Year Option and the 1959 Survivor Benefit, 3rd level. There is an employee cost of $2.00 per month for the 1959 Survivor Benefit.
The agreement between the City and CalPERS allows for the buy -back of time served by the employee in the Military as defined under Government Code Section 21024.
ARTICLE 76- HEALTH INSURANCE- CAFETERIA PLAN
A. Cafeteria Plan - In accordance with "The City of Upland Cafeteria Plan", the city provides a 125 Flexible Benefit Plan ("the Plan"). The regular and intended effect of the Plan, under current law, is to enable employees to receive benefits which may not be subject to either State or Federal income tax.
The details of Plan eligibility and operational requirements are set forth in the Plan documents. Once enrolled in a cafeteria distribution plan, employees will only be permitted to modify the plan on the same basis as changes are permitted in health insurance plans, that is, during open enrollment periods and when the employee's dependent status changes.
1) The city shall make a monthly contribution as set forth below to each eligible member of the unit to be used toward the Section 125 Cafeteria Plan. These funds shall only be used for qualified benefits as provided for in IRC Section 125. 2) All employees must enroll in one of the health program plans unless they submit to the city proof of comparable health coverage.
3) Employees who fail to complete this requirement will be enrolled in the lowest cost health insurance plan the city offers.
4) Employees who meet the requirement shall be allowed to utilize their Section 125 Flexible Benefit Plan contributions for any of the other qualified benefits as provided for in IRC Section 125.
B. City Section 125 Benefit Contribution - The City will make available to each covered employee a monthly amount for benefits, as specified in this MOU.
1) Employees hired prior to March 1, 20162016, will receive the maximum benefits contribution allocation:
a. Effective January 1, 201723 - $1112.501,400
Effective January 1, 2020 -$1184.00
1) 2)
Upland Mid-Management Employees Association 7/1/22-6/30/23 6 For eEmployees hired on or after March 1, 2016, the City will receive the following contributions to the plan contribute the following to the plan to a maximum of $1,112.50 effective January 1, 201723 and thereafter. and upon ratification by UMMEA and City Council approval $1,184.00, effective January 1, 2020 and thereafter:
• Employee Only 100% of the amount to cover
the lowest cost plans for
health, dental, vision (Kaiser
HSA excluded)
• Employee plus one 100% of the amount to cover
the lowest cost plans for
health, dental, vision (Kaiser
HSA excluded)
• Family The maximum benefit of
$1,400100% of lowest cost
plans for health, dental,
vision
The employee must pay the difference between the City's contribution and the actual premium of the plan selected, if any. The City reserves the right to change medical carriers during the open enrollment period. In the event of a change, the City agrees to meet and confer prior to any change.
Only exempt eEmployees may transfer unused Cafeteria Plan funds to the Deferred Compensation 457 Plan. No cash-in-lieu will be allowed effective January 1, 2020.
ARTICLE 87- RETIREE HEALTH INSURANCE REIMBURSEMENT
A. The City shall contribute monthly on behalf of each retiree the amount set forth in the table below. An additional $45 per month allowance is provided for spouse if the spouse is covered under the retiree's insurance.
B. To be eligible for the retiree medical payments herein, an employee must retire from the City and purchase retiree medical insurance within 120 days from separation.
YEARS OF SERVICE City’s Monthly
Payment -Retirees
in PERS Medical
RETIREE ONLY
City’s Monthly Payment
-Retirees in PERS
Medical
RETIREE PLUS
SPOUSE
City’s Monthly
Reimbursement-
Retirees in other
than PERS Medical
Upland Mid-Management Employees Association 7/1/22-6/30/23 7 10-14 years of service PERS statutory
minimum
PERS statutory minimum $72.57
15-19 years of service PERS statutory
minimum
$141.81 per month $96.81
20-24 years of service PERS statutory
minimum
$166.05 per month $121.05
25 + years of service $145.14 per month $190.14 per month $145.14
Upland Mid-Management Employees Association 7/1/22-6/30/23 8 The provisions of this article above shall only apply to bargaining unit members hired on or before December 31, 2015. To be eligible for the retiree medical payments herein, an employee must retire from the City and purchase retiree medical insurance within 120 days from separation.
ARTICLE 98-RETIREE HEALTH SAVINGS ACCOUNTS
Retirement Health Savings (RHS) accounts will be established through ICMA which will be payable to the employee only upon service or disability retirement with the City of Upland.
City contributions to the RHS accounts will be based upon years of service in accordance with the following schedule:
Years of Service Monthly City Contribution Yearly City Contribution 5 to 9.99 $12.50 $150.00
10 to 14.99 $25.00 $300.00
15 to 19.99 $50.00 $600.00
20 to 24.99 $75.00 $900.00
25+ $100.00 $1,200.00
ARTICLE 109- LIFE INSURANCE
The City provides employees in this unit with group life insurance in an amount equal to one times (l1x) their annual salary.
ARTICLE 110- LONG TERM DISABILITY INSURANCE
The City assumes the full premium cost for the employee in the City designated long-term disability program. This benefit will pay 66 2/3% of base salary to a maximum of $5000 per month after 60 days (or use of all sick leave, whichever is later) to qualified members of this unit.
ARTICLE 121 - DEFERRED COMPENSATION
The City contributes seven percent (7%) of base monthly salary to the City's deferred compensation plan on behalf of each employee in the unit. This amount may also be used toward the employee's cafeteria options as defined in Article 7, Health Insurance - Cafeteria Plan.
Upland Mid-Management Employees Association 7/1/22-6/30/23 9 ARTICLE 13 - EDUCATION INCENTIVE
Employees hired after July 1, 1981 will receive a one time payment of the percentage of total annual base salary at time job related degree is awarded combined with years of service in accordance with the following schedule:
AA/AS with 2 years of service 5%
BA/BS with 2 years of service 7.5%
MA/MS with 2 years of service 10%
PhD with 2 years of service 10%
JD with 2 years of service 10%
ARTICLE 132 – TUITION REIMBURSEMENT
The City agrees to reimburse employees up to thirty-five hundred ($3,500) per employee, per fiscal year, as long as funds are available, for costs for tuition and textbooks incurred for job-related education. Such expenditure must enhance the furt herance of the City’s work or continuing educational goals.
Eligibility for reimbursement is contingent upon an approved course or s eminar, completed with, where applicable, a grade of “C” or better or “pass” when taken on a pass/fail basis.
Approval for reimbursement must be submitted first to the Department Head prior to the employee enrolling in the class or purchasing textbooks and r elated materials. Upon successful completion of the course(s), the employee must submit a request for reimbursement to Finance Division for processing.
Time spent toward educational, or area de velopment shall not be considered as time actually worked and should not occur during regular work hours.
ARTICLE 143-LONGEVIT VY PAY
There are two categories of longevity pay.
A. Longevity Meritorious Pay - Ten Years- Employees with ten (10) years or more of continuous service and who have achieved a minimum of "meets requirements" on the most recent performance evaluation will receive a two percent (2.0%) increase in base salary. An employee who is denied this increase due to the performance evaluation requirement, may follow the grievance procedures as described in this MOU (not credible for CalPERS retirement).
Upland Mid-Management Employees Association 7/1/22-6/30/23 10 B. Longevity Pay - Twenty Years - Employees with twenty (20) years or more of continuous service will receive a two and one halftwo- and one -half percent (2.5%) increase in base salary.
These two categories are not mutually exclusive so an employee who meets the requirements of both categories of longevity pay may earn both the 2.0% and the 2.5% concurrently.
ARTICLE 154 - MERITORIOUS PAY
It is recognized that certain employees will put forth extraordinary efforts and produce outstanding results for the City. It is desired to reward these individuals. An incentive pay method has been established to encourage all employees to utilize fully their capabilities on behalf of the City. Employees recommended by their department heads and approved by the City Manager may be granted a five percent (5%) increase in salary for a period of three (3) months, six (6) months, or one year. Department head recommendations will be submitted annually on May 1to the City Manager’s Office for review and approval .
Payment of meritorious pay will be made in a lump sum annually on the first regularly scheduled payday in Juneafter approval form the City Manager . Recommendations will contain supporting documentation justifying the reasons for the pay.information required in Exhibit B of the Compensation Plan.
ARTICLE 15- BILINGUAL PAY
The City will provide compensation in the amount of one hundred dollars ($100) per month to those employees in the unit who as part of their regular duties are required to provide fluency in a second language. The payment for bilingual compensation will be made biweekly in the amount of forty-six dollars and fifteen cents ($46.15) for twenty-six (26) pay periods.
Employees must successfully complete a fluency examination administered by the Human Resources/Risk Management Office.
Bilingual pay will be for employees who speak Spanish or who speak any other language designated by the City Manager as critical to the functions of the City.
If it is determined by the employee’s Department Head that the skill is no longer needed, the Department Head shall notify the Human Resources/Risk Management Office in
Upland Mid-Management Employees Association 7/1/22-6/30/23 11 writing to cease the compensation . The compensation will cease the date Human Resources/Risk Manag ement Office receives notification from the Department Head.
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
12 ARTICLE 166- PREVENTATIVE HEALTH BENEFIT
Employees in the unit may be reimbursed up to $225 annually for the purchase of items, classes, memberships or programs which contribute to physical fitness. This reimbursement shall be made in June of each year. Items which will be considered acceptable for reimbursement are defined in the City's policy on Prevent ive Health Benefits.
ARTICLE 177- UNIFORM ALLOWANCE
Effective January 1, 2018, the Police Dispatch Supervisor, Animal Services Supervisor, and Police Records Supervisor shall receive an allowance in the amount of $300.00 per fiscal year after completion of twelve (12) months of employment. A uniform will be provided at time of appointment.
Effective July 1, 2022, the City agrees to pay the uniform allowance of eleven dollars and fifty-three cents ($11.53) per pay period, which is equivalent to three hundred dollars per fiscal year. Such payment shall be prorated for employees not employed the full year.
The purpose of the allowance is to provide uniform cleaning or replacement expenses.
This allowance will be paid the first pay period in December. Employees who are not required to wear a uniform as determined by the Department Head shall not be paid a uniform allowance.
For PERS Classic Safety employees, the City shall report the CalPERS the monetary value of uniforms in the amount of eleven dollars and fifty -three cents ($11.53) per pay period.
The reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire.
ARTICLE 18-WORK BOOTS
The City provide work boots annually (up to $200 per pair) for the following classifications:
Animal Services Supervisor, Assistant Engineer, Associate Engineer, Building Official, Chief Water Treatment Operator, Engineering Manager, Environmental Quality Administrator, Maintenance Supervisor, Operations Manager, Senior Engineer, Utilities Manager, & Utility System Supervisor. Once the initial boot is purchased, employees may request replacement annually to the department supervisor upon proof of need due to the condition of the boots.
ARTICLE 1819-WATER CERTIFICATION TRAINING PAY
Employees assigned to the Water Division in the classifications listed below will receive
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
13 Certification Pay for additional certifications earned above and beyond those required at the time of hire, effective upon ratification of this agreement.
Eligible employees will receive 5% for each certification listed in their assigned classification, above and beyond those required at the time of hire, up to a maximum of 10%, in accordance with the following chart:.
Classification
Required at
Hire
Required Within 12
months
Certifications Eligible for
Certification Pay-
5% increase for each
Chief Water Treatment Operator T5, D3 D4 D5 (Max5%}
Utility System Supervisor
D4 and
Collections I
for new hires
D4
D5 (Max 5%) and
Collections 1-4 (Max 5%}
for total of (Max 10%)
Legend:
"T": Water Treatment Operator Certificate issued by the State of California, Department of Public Health and/or the State Water Resources Board
"D": Water Distribution Operator Certificate issued by the State of California, Department of Public Health and/or the State Water Resources Board
"Collections": California Water Environmental Association (CWEA) Wastewater Collection System Maintenance Certifications
ARTICLE 2019- HOLIDAYS- FLOATING HOLIDAYS
A. Official Holidays
The City of Upland observes the following holidays, as official fixed holidays, established by Resolution:
New Year’s Day (January 1) during holiday closure
Martin Luther King Day (Third Monday in January)
President’s Day (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving Day (The Day After the Fourth Thursday in November) Christmas Day (December 25) during holiday closure
Upland Mid-Management Employees
Association
7/1/22 - 6/30/23
14 Each official fixed All holidays shall be 10 hours of time off with pay unless otherwise noted.
If the holiday falls on a Friday or Saturday, Thursday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday.
In order to be paid for an official fixed holiday recognized City holiday (the days on which the public offices of the City of Upland will be closed) employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday fealls on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the holiday and the Tuesday following the holiday.
City Hall and most City departments will be permanently closed from Christmas Day through New Year’s Day. Christmas Day and New Year’s Day holidays will be part of this closure except for in the case where either holiday falls on a Sunday. In the case that either Christmas Day or New Year’s Day falls on a Sunday, it will be observed on the following Monday. Employees will receive compensation that will cover their absence from work from December 25th through January 1st. The employee must be an active employee of the City of Upland on the above dates to receive this holiday compensation.
Employees that are required to work, due to the nature of their job, during the holiday closure will observe the holidays on the actual day or as provided above when the holiday falls on a Friday, Saturday, or Sunday. Employees required to work during the holiday closure will receive a floating holiday contribution equal to the number of compensable hours provided to the employees that participated in the holiday closure.
B. Floating Holiday Leave
Employees in the unit shall receive twenty (20) hours of Floating Holiday annually on January 1st. Floating holiday hours which are not used by the first pay period in December will automati cally be cashed out on the second pay period in December.
Employees in the unit shall receive forty (40) hours of Floating Holiday annually.
Floating holiday hours must be used during the calendar year or they will be removed from the books on December 31 of each year.
ARTICLE 201- EXECUTIVE LEAVE
Employees in the unit shall receive fifty (5SO) hours of executive leave annually. Executive Leave which is not used by the first pay period in December will automatically be cashed out on the second pay period in December. This leave must be used within the calendar year, or it will be removed from the books as of December 31 of each year.
Upland Mid-Management Employees
Association
7/1/22 - 6/30/23
15 ARTICLE 212 - SICK LEAVE
Employees in the unit earn sick leave at the rate of eight hours per month, up to a maximum accrual of 1250 hours. No sick leave may be granted during the first thirty (30) days of employment with the City.
Annually, employees in the unit may request to convert a maximum of twenty (20) hours of sick leave to compensation if they have used less than forty (40) hours of sick leave between January 1 st and November 30 th of the prior calendar year.
Any employee who elects to covert accrued sick leave to compensation as provided for herein shall be limited to a maximum of twenty (20) hours per fiscal year of accrued sick leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451 -(a), must comply with the following:
• Any sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1 st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such sick leave. o For example: Employee requests to convert twenty (20) hours of sick leave to compensation, the re quest must be in Human Resources by December 1, 2022, to be paid on the first pay period in June of 2023. • All sick leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources no later than December 1st of the calendar year prior to the conversion. • Employees who do not meet the requirement of using less than forty (40) hours of sick leave between January 1 st and November 30 th of the prior calendar year will not be eli gible for the sick leave conversion.
• Employees who fail to submit a request by December 1 st of the calendar year prior to the conversion will not be eligible for sick leave converted to cash for that calendar year.
• Payments for accrued sick leave co nversion to cash shall be made by separate check by the first pay period in June.
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
16 ARTICLE 223- SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT
Upon service or disability retirement under the PERS retirement plan, employees may elect one of the following options for payment of unused sick leave:
a. At the time of service or disability retirement, one half (50%) of accrued sick leave may be cashed out at the current hourly rate, up to a maximum of 625 hours
b. Retiring employees may use one half (50%) of accrued sick leave as Personal Leave just prior to retirement, up to a maximum of 625 hours.
ARTICLE 234 - VACATION
Vacation shall accrue for employees based on the following schedule:
All employees may accrue vacation up to a maximum of three (3) years of entitlement.
ARTICLE 245- VACATION BUYBACK
In December of every year, Mid-Management employees may be paid in cash for up to 60 hours of unused vacation if they have used at least forty (40) hours of vacation during the preceding year.
The payment for vacation buyback will be tiered as follows:
• Employees who have less than six (6) years of service with the City, the maximum vacation buyback allowable is sixty (60) hours.
• Employees who have six (6) years or more of service with the City, the maximum vacation buyback allowable is one hundred (100) hours. Employees at this level must have eighty (80) hours of vacation accrual in their bank aft er the vacation buyback hours are paid.
o Example 1: Employee has two hundred (200) hours of vacation accruals and buys back one hundred (100) hours, one hundred (100) hours of vacation will remain in their accrual bank.
o Example 2: Employee has one hu ndred and twenty (120) hours of vacation accruals. The maximum vacation buyback they will be allowed is forty (40) hours to ensure a bank of eighty (80) hours remains.
01 – 02 Years of service 80 Hours per year
03 – 05 Years of service 96 Hours per year
06 – 10 Years of service 128 Hours per year
11 – 16 Years of service 136 Hours per year
17 + Years of service One additional day (8 hours) per year, up to a maximum of 176 hours per year
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
17 Any empl oyee who elects to convert accrued vacation leave to compensation as provided for herein, shall be in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:
• Any vacation leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation leave. o For example: Employee requests to buy back twenty (20) hours of vacation leave, the request must be in Human Resources by December 1, 2022, to be paid on first pay period in December of 2023.
• All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources not later than December 1st of the calendar year prior to the conversion. • Employees who do not meet the requirement of using forty (40) hours of vacation leave between January 1 st and November 30th of the prior calendar yar will not b e eligible for vacation buyback.
• Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for vacation leave converted to cash for that calendar year.
• Payments for accrued vacation leave conversion to cash shall be made by separate check by the first pay period in December.
ARTICLE 256 - BEREAVEMENT LEAVE
Employees may take up to 30 hours annually per occurrence (January 1 through December 31) with pay in the event of a death of the following: mother, father, grandfather, grandmother, brother, sister, spouse, child, grandchild, and employee spouse's father, mother, grandfather, grandmother, brother, sister and any relative who has resided with the
employee for at least one year. Adoptive relatives and step relatives shall count the same as relatives by birth. Notification of need for such leave must comply with the City's Administrative Policy on Sick Leave.
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
18 ARTICLE 267- QUARTERLY PERSONNEL REPORTS
The City agrees to provide on a quarterly basis, personnel reports to UMMEA which shall include names, classifications and all personnel actions (new hires, terminations, transfers, promotions) within the Unit. Home and mailing addresses if different, and all address changes will be provided of Association members, and the City will request a waiver from non-Association members to provide the information. AlsoAlso, a notice and opt- out system will be jointly developed by the City and Association for the disclosure of employee addresses.
ARTICLE 278- LAYOFF PROCEDURE
A. Statement of Intent - Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of employment, the employee holding such position of employment may be laid off or demoted pursuant to the provisions of the City's policy.
1) In determining the order of layoff, a combination of factors shall be considered, including: qualifications, productivity, general performance, seniority with the City of Upland, and seniority in job classification, and needs of the City. Variations from the order of layoffs and recall from layoff may occur when the City deems such variations appropriate under fiscal circumstances.
2) The factors the City Manager or designee, in his/her discretion, may use to determine layoff include the following:
a. An employee's last four performance evaluations, if any; b. Any history of employee commendations, awards, etc.; c. Any history of employee disciplinary action;
d. Attendance record, including tardiness and unexcused absences; e. Safety record, including personal injury and damage to city property; f. Probationary and temporary employees shall be laid off before a regular employee in the same classification;
g. Between two regular appointees in the same classification with similar skills, abilities, qualifications, merit and/or record, the employee with the lesser seniority in the classification shall be laid off first; h. Between two regular appointees in the same classification with equal seniority the employee with the lesser skills, abilities, qualifications, merit and/or record shall be laid off first;
i. Memoranda of Understanding (“MOU”) between the City and effected bargaining
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
19 units.
h.
Memoranda of Understanding ("MOU") between the City and effected bargaining units.
Upland Mid-Management Employees Association 7/1/22- 6/30123 20 B. Definitions
1) Layoff - A layoff is the involuntary separation or reduction of a regular status employee to a position in a lower classification, without fault of the employee.
Cause for Layoff:
a. If a function is to be discontinued, curtailed, mechanized, or operated by a different method.
b. Reorganization
c. Budget reduction
d. Termination or decrease in funds and/or materials for projects or programs. e. The mandatory reinstatement of an employee.
2) Classification - A classification is the bargaining unit position. A list of classifications within the Upland Mid Management Unit is included in "Exhibit B."
3) Job Series -A group of classifications similar with respect to the duties performed but different in terms of the nature and level of responsibilities performed. Each job series shall be included in "Attachment B."
4) Seniority-Seniority for the purpose of determining order of layoff shall be defined as total accumulated continuous time served in regular and probationary status in the City classified service. Regular and probationary status does not include seasonal/temporary part-time, contract, and/or provisional employees.
Should it become necessary to lay off by seniority, those employees with the least service in the affected classification shall be laid off or demoted:
a. First by classification; and
b. Second, to displace an employee, by City Seniority, including time served on military leave of absence in the armed forces of the United States. In order to bump into a former or lower classification:
1. An employee must have more City Seniority than at least one of the incumbents in the affected class.
2. Employees bumping to a lower class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
When two or more employees have equal seniority, the layoff shall be made in accordance with the Merit System Rules and Regulations.
Upland Mid-Management Employees
Association
7/1/22-6/30/23
21 C. Notification - Employees to be laid off shall be given, whenever possible, 45 calendar days prior notice, but no less than 30 calendar days' notice. The UMMEA shall be provided with a copy of the affected classifications and seniority list by classification of all affected employees within bargaining unit at least 30 days prior to its effective date.
D. Order of Layoff - In each classification, employees shall be laid off according to employment status in the following order:
1) Seasonal/temporary part-time, contract, and/or provisional employees performing services similar to classifications affected by layoff shall be terminated before any reduction in the regular work force. Likewise, other grant-funded employees shall be terminated in affected classifications, in accordance with federal or state rules or guidelines governing such funding programs.
2) Probationary employ ees and employees holding interim positions, who have regular status in another classification, shall revert to their former classification in the City to determine layoff rights.
3) Regular employees subject to layoff shall be based on seniority of service within that classification. For example, the employee being laid off or displaced from a classification shall be the employee in the affected classification with the least amount of time served in the affected classification.
E. Layoff Procedure - The layoff procedure is intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the process of layoff. The procedure for lay off, once the number of positions to remain by classification has been determined shall be as follows:
1) Except as otherwise provided herein, whenever there is a reduction in the work force, the appointing authority shall demote the affected employee to a vacancy, if any, in a lower class for which the employee is qualified. All persons so demoted shall have their names placed on the reemployment list for the higher class. 2) An employee affected by layoff shall have the right to displace an employee who has less City seniority in a lower classification in which the affected employee once had regular status.
3) If a classification title is changed due to a reclassification; the employee shall retain bumping rights to the previous classification and series. 4) Displaced employees are allowed to bump into positions that they have not previously held, provided that the position did not exist when the employee was appointed to the position from which they are laid off and the employee meets the minimum qualifications.
Upland Mid-Management Employees
Association
7/1/22-6/30/23
22 5) An employee is eligible to bump to a lower classification within job series in which he/she has achieved regular status. For example: Employee "A" is hired in as a Senior Engineer and achieves regular status; however, never worked as an Assistant Engineer. Employee "A" may bump employee "B" in the lower classification of Assistant Engineer, if Employee "A" has more City seniority. 6) Employees transferring or voluntaril y demoting shall retain the same anniversary date as in their previous position for all purposes, including step advancement.
F. Reemployment Lists -The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment l ist. Lists from different departments or at different times for the same class of position shall be combined into a single list.
Such list shall be used by the appointing authority when a vacancy arises in the same or lower class of position before employment is made from an eligible list.
G. Duration of Reemployment List - Names of persons laid off shall be carried on a reemployment list for twelve (12) months, except that the name of an individual reappointed to a regular position of the same class sh all, upon reappointment, be dropped from the list. An individual who declines either a voluntary demotion or reemployment in a classification shall be dropped from that specific reemployment list.
Persons reemployed in a lower class, or on a temporary basi s, shall be continued on the list for the higher class for a balance of the twelve (12)-month period. An individual appointed from a reemployment list may be required to successfully pass a reemployment physical examination provided at City expense.
H. Terms and Conditions of Reemployment- Reemployment from a reemployment list to a previously held class shall be at the same step held at the time of layoff and at the current salary of that class at the time of reemployment. In case of a voluntary demotion from a reemployment list, the employee so electing shall be paid at the highest step in the range for the lower class which does not represent an increase in salary from the salary which would have been effective had the employee been appointed to his/her previously held class; and in no case to exceed "top" step in the current salary range of the class to which the employee is appointed. Employees reappointed from a reemployment list shall be credited with, at the time of reappointment, all accrued benefits at the time of layoff which were not compensated for at the time of layoff, provided that such accrued benefits shall not exceed established maximum at the time of reappointment.
I. Retraining- The City will make reasonable efforts to provide retraining opportunities to laid-off employees that will qualify them in classifications not related to their former classification, andclassification and will attempt to place said laid-off employees in vacant positions in the City for which they are qualified. During the twelve months following
a layoff, laid-off employees shall be eligible to compete for in-house promotional examinations for positions for which they qualify.
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
23 ARTICLE 2829- PREVAILING BENEFITS
Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.
ARTICLE 2930-SAVINGS CLAUSE
Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and UMMEA shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful. Such equivalent benefit will be implemented retroactive to the date the old benefit ceased.
The remaining parts or portions of the Agreement shall remain in full force and effect.
ARTICLE 301 - TERM OF AGREEMENT
Except where expressly stated otherwise herein, the City and UMMEA agree that the provisions of this MOU shall become effective on July 1, 201722 and shall expire on June 30, 20223.
ARTICLE 312 - ZIPPER CLAUSE
During the term of this Agreement, the parties agree that negotiations cannot commence on any subject unless the parties mutually agree.
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
24 CITY OF UPLAND
Michael Blay, City Manager
Date
Stephen Parker, Assistant City Manager
Date
Theresa Doyle, Human Resources/Risk Manager
Date
UPLAND MID MANAGEMENT EMPLOYEES’ ASSOCIATION
Bob Critchfield, UMMEA President
Date
Joshua Winter, UMMEA Vice President
Date
Kirk Swanner, UMMEA Secretary
Date
APPENDIX A
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
25 Classes included in the Mid-Management Unit:
Grade Classification Title
57 ACCOUNTING SUPERVISOR
44 ADMINISTRATIVE ANALYST
38 ANIMAL SERVICES SUPERVISOR
48 ASSISTANT ENGINEER
42 ASSISTANT PLANNER
54 ASSOCIATE ENGINEER
46 ASSOCIATE PLANNER
63 BUILDING OFFICIAL
51 CHIEF WATER TREATMENT OPERATOR
60 CITY CLERK
45 CRIME ANALYST
62 DEVELOPMENT SERVICES MANAGER
46 ECONOMIC DEVELOPMENT COORDINATOR
67 ENGINEERING MANAGER
63 ENVIRONMENTAL QUALITY ADMINISTRATOR
45 EXECUTIVE ASSISTANT TO THE CITY MANAGER
62 FINANCE OFFICER46
HOUSING COORDINATOR
44 HUMAN RESOURCES ANALYST
62 HUMAN RESOURCES/RISK MANAGER
62 INFORMATION TECHNOLOLGY MANAGER
45 MAINTENANCE SUPERVISOR
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
26 44 MANAGEMENT ANALYST
67 OPERATIONS MANAGER
63 PLANNING MANAGER
54 POLICE DISPATCH SUPERVISOR
34 POLICE RECORDS SUPERVISOR
63 PRINCIPAL ENGINEER
55 RECREATION MANAGER
42 RECREATION SUPERVISOR
60 SENIOR ENGINEER
54 SENIOR PLANNER
53 SENIOR HUMAN RESOURCES ANALYST
50 UTILITY BILLING AND CUSTOMER SERVICE SUPERVISOR 67 UTILITIES MANAGER
50 UTILITY SYSTEM SUPERVISOR
Need to include Exhibit “B” – Salary Schedule
Upland Mid-Management Employees
Association
7/1/22- 6/30/23
27
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND MID-MANAGEMENT EMPLOYEES ASSOCIATION
July 1, 2022 to June 30, 2023
TABLE OF CONTENTS
ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING ..................................... 4 ARTICLE 2- RECOGNITION ..................................................................................................... 4 ARTICLE 3- MANAGEMENT RIGHTS ..................................................................................... 4 ARTICLE 4- SALARIES ............................................................................................................ 5 ARTICLE 5 - RETIREMENT BENEFITS ................................................................................... 6 ARTICLE 6- HEALTH INSURANCE- CAFETERIA PLAN ....................................................... 7 ARTICLE 7- RETIREE HEALTH INSURANCE REIMBURSEMENT ....................................... 8 ARTICLE 8- RETIREE HEALTH SAVINGS ACCOUNTS ........................................................ 9 ARTICLE 9 -LIFE INSURANCE ................................................................................................ 9 ARTICLE 10- LONG TERM DISABILITY INSURANCE .......................................................... 9 ARTICLE 11 - DEFERRED COMPENSATION ........................................................................ 9 ARTICLE 12-TUITION REIMBURSEMENT............................................................................ 10 ARTICLE 13-LONGEVITY PAY .............................................................................................. 10 ARTICLE 14 - MERITORIOUS PAY ....................................................................................... 10 ARTICLE 15 – BILINGUAL PAY ............................................................................................ 11 ARTICLE 16-PREVENTATIVE HEALTH BENEFIT ............................................................... 11 ARTICLE 17-UNIFORM ALLOWANCE .................................................................................. 11 ARTICLE 18-WORK BOOTS .................................................................................................. 12 ARTICLE 19- WATER CERTIFICATION TRAINING PAY ..................................................... 12 ARTICLE 20- HOLIDAYS - FLOATING HOLIDAYS .............................................................. 12 ARTICLE 21 - EXECUTIVE LEAVE ...................................................................................... 14 ARTICLE 22- SICK LEAVE BUYBACK ................................................................................. 14 ARTICLE 23 - SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT ......................... 14 ARTICLE 24- VACATION ....................................................................................................... 15 ARTICLE 25- VACATION BUYBACK .................................................................................... 15 ARTICLE 26- BEREAVEMENT LEAVE ................................................................................. 16
ARTICLE 27 - QUARTERLY PERSONNEL REPORTS ........................................................ 16 ARTICLE 28- LAYOFFF PROCEDURE ................................................................................ 17 ARTICLE 29- PREVAILING BENEFITS ................................................................................. 20 ARTICLE 30 - SAVINGS CLAUSE ........................................................................................ 20 ARTICLE 31-TERM OF AGREEMENT .................................................................................. 20 ARTICLE 32-ZIPPER CLAUSE .............................................................................................. 21
Upland Mid-Management Employees Association 7/1/22-6/30/23 4 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND MID-MANAGEMENT EMPLOYEES’ ASSOCIATION
July 1, 2022 - JUNE 30, 2023
ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter known as MOU) is made and entered into by and between the City of Upland (hereinafter referred to as CITY) and the Upland Mid-Management Employees Association (hereinafter referred to "UMMEA").
ARTICLE 2 - RECOGNITION
The City hereby formally recognizes the UMMEA as the representative for those employees in the Mid-Management Employees Unit.
Recognition is granted for the purpose of meeting and conferring on wages, hours, terms and conditions of employment and general representation of employees in this unit.
This MOU shall contain all of the covenants, stipulations, and provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment, not covered in this MOU, are covered by existing ordinances, resolutions, policies and practices of the City, as well as the Merit System Rules and Regulations presently in effect.
ARTICLE 3 - MANAGEMENT RIGHTS
The rights of the CITY include, but are not limited to the exclusive right to:
A. Determine the mission of its constituent departments, commissions and boards; B. Set standards of service;
C. Determine the procedure and standards for employment and promotion; D. Direct its employees;
E. Relieve its employees from duty because of lack of work or for other lawful reasons; F. Maintain efficiency of government operations;
G. Determine the methods, means and personnel by which government operations are to be conducted;
H. Determine the content of job classifications;
I. Take all necessary actions to carry out its mission in emergencies;
Upland Mid-Management Employees Association 7/1/22-6/30/23 5 J. Exercise complete control and discretion over its organization and the technology of performing its work;
K. To discharge, suspend, demote, reprimand, withhold salary increases or otherwise discipline employees for cause;
L. To establish employee performance standards, including, but not limited to, quality and quantity standards and to require compliance.
There are no provisions in this MOU that shall be deemed to limit or curtail the City in exercising its rights, unless and only to the extent that the provisions of this MOU specifically curtail or limit such rights.
Where required by law, the City agrees, prior to implementation, to meet and confer with the UMMEA concerning the exercise of a City right upon wages, hours and terms and conditions of employment.
The City reserves the right to contract out any work it deems necessary in the interest of efficiency, economy, improved work product, or emergency. Except where an emergency situation exists, at least 60 days before the City contracts out work in a general area, where such contracting out would result in the layoff of existing employees, the City will notify the UMMEA and offer the UMMEA an opportunity to meet and discuss the matter before the date any existing bargaining unit employee is laid off. Matters which may be discussed include the necessity for subcontracting, costs, alternatives, placement of affected employees with the contractor or elsewhere within the City.
ARTICLE 4 - SALARIES
A. Effective the first full pay period following MOU ratification by UMMEA and Approval by the City Council the City shall issue:
a. all employees in this unit shall receive a four and one half percent (4.5%) COLA increase in base salary.
The salary schedule in Exhibit B of the City of Upland Compensation Plan and attached hereto as "Exhibit B."
A one-time lump sum Premium Payment to members of the Association in the amount of forty-five hundred dollars ($4,500) per employee utilizing American Rescue Plan Act (ARPA) funding. The payment will be distributed on a special payroll as soon as practical after ratification of the MOU by UMMEA and the City Council. The parties agree that the one-time distribution shall not be pensionable.
These payments will be pro-rated based on the number of months employees have been employed with the City during April 1, 2020, through March 31, 2021. An employee who was hired after the 15th of the month will not receive credit for working that month for purposes of calculating the pro-rated lump sum payment.
Upland Mid-Management Employees Association 7/1/22-6/30/23 6 • For Example, an employee hired on May 16, 2020, will receive a payment of $3,750 (10 months times $375).
Employees who have been on an unpaid leave of absence during this time will also have their lump sum payment pro-rated based on the period of unpaid leave of absence.
ARTICLE 5 - RETIREMENT BENEFITS
Pension Reform Act of 2013:
The parties agree that the provisions of AB 340 (The California Pension Reform Act of 2013) went into effect on January 1, 2013. In addition, if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law automatically goes into effect, it shall do so. Either party may request to negotiate over the impact of such subsequent legislation.
A. PEPRA Members:
Pursuant to the Act, for "new members" herein referred to as PEPRA (Public Employees' Pension Reform Act) members (as defined by the Act) who are employees hired after January 1, 2013, they will be hired pursuant to the 2% @ 62 retirement formula.
For PEPRA members (as defined by the Act) who are employees hired after January 1, 2013, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement.
For PEPRA members (as defined by the Act) hired after January 1, 2013, the employee shall pay the higher of the classic member contribution or one half of the total normal cost rate as defined by the Act as their employee retirement contribution.
B. Classic Employees - two groups:
1) Classic Employees hired on or before December 31. 2019, in the Mid-Management Employees unit are provided with membership in the California Public Employees Retirement System (CalPERS), 2.5%@ 55 retirement formula. The employee will pay the eight percent (8%) CalPERS employee/member contribution. Classic Employees hired after January 1, 2020, shall cost share with the City by contributing 1.4% of CalPERS employer contribution in addition to the 8% employee/member contribution.
The City contracts with CalPERS for the Single Highest Year Option and the 1959 Survivor Benefit, 3rd level. There is an employee cost of $2.00 per month for the 1959 Survivor Benefit.
Upland Mid-Management Employees Association 7/1/22-6/30/23 7 The agreement between the City and CalPERS allows for the buy-back of time served by the employee in the Military as defined under Government Code Section 21024.
ARTICLE 6- HEALTH INSURANCE- CAFETERIA PLAN
A. Cafeteria Plan - In accordance with "The City of Upland Cafeteria Plan", the city provides a 125 Flexible Benefit Plan ("the Plan"). The regular and intended effect of the Plan, under current law, is to enable employees to receive benefits which may not be subject to either State or Federal income tax.
The details of Plan eligibility and operational requirements are set forth in the Plan documents. Once enrolled in a cafeteria distribution plan, employees will only be permitted to modify the plan on the same basis as changes are permitted in health insurance plans, that is, during open enrollment periods and when the employee's dependent status changes.
1) The city shall make a monthly contribution as set forth below to each eligible member of the unit to be used toward the Section 125 Cafeteria Plan. These funds shall only be used for qualified benefits as provided for in IRC Section 125. 2) All employees must enroll in one of the health program plans unless they submit to the city proof of comparable health coverage.
3) Employees who fail to complete this requirement will be enrolled in the lowest cost health insurance plan the city offers.
4) Employees who meet the requirement shall be allowed to utilize their Section 125 Flexible Benefit Plan contributions for any of the other qualified benefits as provided for in IRC Section 125.
B. City Section 125 Benefit Contribution- The City will make available to each covered employee a monthly amount for benefits, as specified in this MOU.
1) Employees hired prior to March 1, 2016, will receive the maximum benefits contribution allocation:
a. Effective January 1, 2023 - $1,400
2) Employees hired on or after March 1, 2016, will receive the following contributions to the plan effective January 1, 2023 and thereafter.
• Employee Only 100% of the amount to cover
the lowest cost plans for
health, dental, vision (Kaiser
HSA excluded)
Upland Mid-Management Employees Association 7/1/22-6/30/23 8 • Employee plus one 100% of the amount to cover
the lowest cost plans for
health, dental, vision (Kaiser
HSA excluded)
• Family The maximum benefit of
$1,400
The employee must pay the difference between the City's contribution and the actual premium of the plan selected, if any. The City reserves the right to change medical carriers during the open enrollment period. In the event of a change, the City agrees to meet and confer prior to any change.
Employees may transfer unused Cafeteria Plan funds to the Deferred Compensation 457 Plan. No cash-in-lieu will be allowed effective January 1, 2020.
ARTICLE 7- RETIREE HEALTH INSURANCE REIMBURSEMENT
A. The City shall contribute monthly on behalf of each retiree the amount set forth in the table below. An additional $45 per month allowance is provided for spouse if the spouse is covered under the retiree's insurance.
B. To be eligible for the retiree medical payments herein, an employee must retire from the City and purchase retiree medical insurance within 120 days from separation.
YEARS OF SERVICE City’s Monthly
Payment -Retirees
in PERS Medical
RETIREE ONLY
City’s Monthly Payment
-Retirees in PERS
Medical
RETIREE PLUS
SPOUSE
City’s Monthly
Reimbursement-
Retirees in other
than PERS Medical
10-14 years of service PERS statutory
minimum
PERS statutory minimum $72.57
15-19 years of service PERS statutory
minimum
$141.81 per month $96.81
20-24 years of service PERS statutory
minimum
$166.05 per month $121.05
25 + years of service $145.14 per month $190.14 per month $145.14
Upland Mid-Management Employees Association 7/1/22-6/30/23 9 The provisions of this article above shall only apply to bargaining unit members hired on or before December 31, 2015. To be eligible for the retiree medical payments herein, an employee must retire from the City and purchase retiree medical insurance within 120 days from separation.
ARTICLE 8-RETIREE HEALTH SAVINGS ACCOUNTS
Retirement Health Savings (RHS) accounts will be established through ICMA which will be payable to the employee only upon service or disability retirement with the City of Upland.
City contributions to the RHS accounts will be based upon years of service in accordance with the following schedule:
Years of Service Monthly City Contribution Yearly City Contribution 5 to 9.99 $12.50 $150.00
10 to 14.99 $25.00 $300.00
15 to 19.99 $50.00 $600.00
20 to 24.99 $75.00 $900.00
25+ $100.00 $1,200.00
ARTICLE 9- LIFE INSURANCE
The City provides employees in this unit with group life insurance in an amount equal to one times (1x) their annual salary.
ARTICLE 10- LONG TERM DISABILITY INSURANCE
The City assumes the full premium cost for the employee in the City designated long-term disability program. This benefit will pay 66 2/3% of base salary to a maximum of $5000 per month after 60 days (or use of all sick leave, whichever is later) to qualified members of this unit.
ARTICLE 11 - DEFERRED COMPENSATION
The City contributes seven percent (7%) of base monthly salary to the City's deferred compensation plan on behalf of each employee in the unit. This amount may also be used toward the employee's cafeteria options as defined in Article 7, Health Insurance - Cafeteria Plan.
Upland Mid-Management Employees
7/1/22- 6/30/23
10 ARTICLE 12 – TUITION REIMBURSEMENT
The City agrees to reimburse employees up to thirty-five hundred ($3,500) per employee, per fiscal year, as long as funds are available, for costs for tuition and textbooks incurred for job-related education. Such expenditure must enhance the furtherance of the City’s work or continuing educational goals.
Eligibility for reimbursement is contingent upon an approved course or seminar, completed with, where applicable, a grade of “C” or better or “pass” when taken on a pass/fail basis.
Approval for reimbursement must be submitted first to the Department Head prior to the employee enrolling in the class or purchasing textbooks and related materials. Upon successful completion of the course(s), the employee must submit a request for reimbursement to Finance Division for processing.
Time spent toward educational, or area development shall not be considered as time actually worked and should not occur during regular work hours.
ARTICLE 13-LONGEVITY PAY
There are two categories of longevity pay.
A. Longevity Meritorious Pay - Ten Years- Employees with ten (10) years or more of continuous service and who have achieved a minimum of "meets requirements" on the most recent performance evaluation will receive a two percent (2.0%) increase in base salary. An employee who is denied this increase due to the performance evaluation requirement, may follow the grievance procedures as described in this MOU (not credible for CalPERS retirement).
B. Longevity Pay - Twenty Years - Employees with twenty (20) years or more of continuous service will receive a two- and one-half percent (2.5%) increase in base salary.
These two categories are not mutually exclusive so an employee who meets the requirements of both categories of longevity pay may earn both the 2.0% and the 2.5% concurrently.
ARTICLE 14 - MERITORIOUS PAY
It is recognized that certain employees will put forth extraordinary efforts and produce outstanding results for the City. It is desired to reward these individuals. An incentive pay method has been established to encourage all employees to utilize fully their capabilities on behalf of the City. Employees recommended by their department heads and approved by the City Manager may be granted a five percent (5%) increase in salary for a period of three (3) months, six (6) months, or one year. Department head recommendations will be submitted to the City Manager’s Office for review and approval.
Upland Mid-Management Employees
7/1/22- 6/30/23
11 Payment of meritorious pay will be made in a lump sum on the first regularly scheduled payday after approval form the City Manager. Recommendations will contain supporting documentation justifying the reasons for the pay.
ARTICLE 15- BILINGUAL PAY
The City will provide compensation in the amount of one hundred dollars ($100) per month to those employees in the unit who as part of their regular duties are required to provide fluency in a second language. The payment for bilingual compensation will be made biweekly in the amount of forty-six dollars and fifteen cents ($46.15) for twenty-six (26) pay periods.
Employees must successfully complete a fluency examination administered by the Human Resources/Risk Management Office.
Bilingual pay will be for employees who speak Spanish or who speak any other language designated by the City Manager as critical to the functions of the City.
If it is determined by the employee’s Department Head that the skill is no longer needed, the Department Head shall notify the Human Resources/Risk Management Office in writing to cease the compensation. The compensation will cease the date Human Resources/Risk Management Office receives notification from the Department Head.
ARTICLE 16- PREVENTATIVE HEALTH BENEFIT
Employees in the unit may be reimbursed up to $225 annually for the purchase of items, classes, memberships or programs which contribute to physical fitness. This reimbursement shall be made in June of each year. Items which will be considered acceptable for reimbursement are defined in the City's policy on Preventive Health Benefits.
ARTICLE 17- UNIFORM ALLOWANCE
Police Dispatch Supervisor, Animal Services Supervisor, and Police Records Supervisor shall receive an allowance in the amount of $300.00 per fiscal year after completion of twelve (12) months of employment. A uniform will be provided at time of appointment.
Effective July 1, 2022, the City agrees to pay the uniform allowance of eleven dollars and fifty-three cents ($11.53) per pay period, which is equivalent to three hundred dollars per fiscal year. Such payment shall be prorated for employees not employed the full year.
The purpose of the allowance is to provide uniform cleaning or replacement expenses.
Employees who are not required to wear a uniform as determined by the Department Head shall not be paid a uniform allowance.
Upland Mid-Management Employees
7/1/22- 6/30/23
12 For PERS Classic Safety employees, the City shall report the CalPERS the monetary value of uniforms in the amount of eleven dollars and fifty-three cents ($11.53) per pay period.
The reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire.
ARTICLE 18-WORK BOOTS
The City provide work boots annually (up to $200 per pair) for the following classifications:
Animal Services Supervisor, Assistant Engineer, Associate Engineer, Building Official, Chief Water Treatment Operator, Engineering Manager, Environmental Quality Administrator, Maintenance Supervisor, Operations Manager, Senior Engineer, Utilities Manager, & Utility System Supervisor. Once the initial boot is purchased, employees may request replacement annually to the department supervisor upon proof of need due to the condition of the boots.
ARTICLE 19-WATER CERTIFICATION TRAINING PAY
Employees assigned to the Water Division in the classifications listed below will receive Certification Pay for additional certifications earned above and beyond those required at the time of hire, effective upon ratification of this agreement.
Eligible employees will receive 5% for each certification listed in their assigned classification, above and beyond those required at the time of hire, up to a maximum of 10%, in accordance with the following chart:
Classification
Required at
Hire
Required Within 12
months
Certifications Eligible for
Certification Pay-
5% increase for each
Chief Water Treatment Operator T5, D3 D4 D5 (Max5%}
Utility System Supervisor
D4 and
Collections I
for new hires
D4
D5 (Max 5%) and
Collections 1-4 (Max 5%}
for total of (Max 10%)
Legend:
"T": Water Treatment Operator Certificate issued by the State of California, Department of Public Health and/or the State Water Resources Board
"D": Water Distribution Operator Certificate issued by the State of California, Department of Public Health and/or the State Water Resources Board
"Collections": California Water Environmental Association (CWEA) Wastewater Collection System Maintenance Certifications
ARTICLE 20- HOLIDAYS- FLOATING HOLIDAYS
A. Official Holidays
The City of Upland observes the following holidays as official fixed holidays, established by Resolution:
Upland Mid-Management Employees
7/1/22- 6/30/23
13 New Year’s Day (January 1) during holiday closure
Martin Luther King Day (Third Monday in January)
President’s Day (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving Day (The Day After the Fourth Thursday in November) Christmas Day (December 25) during holiday closure
Each official fixed holiday shall be 10 hours of time off with pay unless otherwise noted. If the holiday falls on a Friday or Saturday, Thursday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday.
In order to be paid for an official fixed holiday (the days on which the public offices of the City of Upland will be closed) employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday falls on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the holiday and the Tuesday following the holiday.
City Hall and most City departments will be permanently closed from Christmas Day through New Year’s Day. Christmas Day and New Year’s Day holidays will be part of this closure except for in the case where either holiday falls on a Sunday. In the case that either Christmas Day or New Year’s Day falls on a Sunday, it will be observed on the following Monday. Employees will receive compensation that will cover their absence from work from December 25th through January 1st. The employee must be an active employee of the City of Upland on the above dates to receive this holiday compensation.
Employees that are required to work, due to the nature of their job, during the holiday closure will observe the holidays on the actual day or as provided above when the holiday falls on a Friday, Saturday, or Sunday. Employees required to work during the holiday closure will receive a floating holiday contribution equal to the number of compensable hours provided to the employees that participated in the holiday closure.
B. Floating Holiday Leave
Employees in the unit shall receive twenty (20) hours of Floating Holiday annually on January 1st. Floating holiday hours which are not used by the first pay period in December will automatically be cashed out on the second pay period in December.
Upland Mid-Management Employees
7/1/22- 6/30/23
14 ARTICLE 21- EXECUTIVE LEAVE
Employees in the unit shall receive fifty (5O) hours of executive leave annually. Executive Leave which is not used by the first pay period in December will automatically be cashed out on the second pay period in December.
ARTICLE 22 - SICK LEAVE
Employees in the unit earn sick leave at the rate of eight hours per month, up to a maximum accrual of 1250 hours. No sick leave may be granted during the first thirty (30) days of employment with the City.
Annually, employees in the unit may request to convert a maximum of twenty (20) hours of sick leave to compensation if they have used less than forty (40) hours of sick leave between January 1st and November 30th of the prior calendar year.
Any employee who elects to covert accrued sick leave to compensation as provided for herein shall be limited to a maximum of twenty (20) hours per fiscal year of accrued sick leave to be converted, and in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-(a), must comply with the following:
• Any sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such sick leave. o For example: Employee requests to convert twenty (20) hours of sick leave to compensation, the request must be in Human Resources by December 1, 2022, to be paid on the first pay period in June of 2023. • All sick leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources no later than December 1st of the calendar year prior to the conversion. • Employees who do not meet the requirement of using less than forty (40) hours of sick leave between January 1st and November 30th of the prior calendar year will not be eligible for the sick leave conversion.
• Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for sick leave converted to cash for that calendar year.
• Payments for accrued sick leave conversion to cash shall be made by separate check by the first pay period in June.
ARTICLE 23- SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT
Upon service or disability retirement under the PERS retirement plan, employees may elect one of the following options for payment of unused sick leave:
Upland Mid-Management Employees
7/1/22- 6/30/23
15 a. At the time of service or disability retirement, one half (50%) of accrued sick leave may be cashed out at the current hourly rate, up to a maximum of 625 hours
b. Retiring employees may use one half (50%) of accrued sick leave as Personal Leave just prior to retirement, up to a maximum of 625 hours.
ARTICLE 24 - VACATION
Vacation shall accrue for employees based on the following schedule:
All employees may accrue vacation up to a maximum of three (3) years of entitlement.
ARTICLE 25- VACATION BUYBACK
In December of every year, Mid-Management employees may be paid in cash for unused vacation if they have used at least forty (40) hours of vacation during the preceding year.
The payment for vacation buyback will be tiered as follows:
• Employees who have less than six (6) years of service with the City, the maximum vacation buyback allowable is sixty (60) hours.
• Employees who have six (6) years or more of service with the City, the maximum vacation buyback allowable is one hundred (100) hours. Employees at this level must have eighty (80) hours of vacation accrual in their bank after the vacation buyback hours are paid.
o Example 1: Employee has two hundred (200) hours of vacation accruals and buys back one hundred (100) hours, one hundred (100) hours of vacation will remain in their accrual bank.
o Example 2: Employee has one hundred and twenty (120) hours of vacation accruals. The maximum vacation buyback they will be allowed is forty (40) hours to ensure a bank of eighty (80) hours remains.
Any employee who elects to convert accrued vacation leave to compensation as provided for herein, shall be in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:
01 – 02 Years of service 80 Hours per year
03 – 05 Years of service 96 Hours per year
06 – 10 Years of service 128 Hours per year
11 – 16 Years of service 136 Hours per year
17 + Years of service One additional day (8 hours) per year, up to a maximum of 176 hours per year
Upland Mid-Management Employees
7/1/22- 6/30/23
16 • Any vacation leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation leave. o For example: Employee requests to buy back twenty (20) hours of vacation leave, the request must be in Human Resources by December 1, 2022, to be paid on first pay period in December of 2023.
• All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources not later than December 1st of the calendar year prior to the conversion. • Employees who do not meet the requirement of using forty (40) hours of vacation leave between January 1st and November 30th of the prior calendar yar will not be eligible for vacation buyback.
• Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for vacation leave converted to cash for that calendar year.
• Payments for accrued vacation leave conversion to cash shall be made by separate check by the first pay period in December.
ARTICLE 26 - BEREAVEMENT LEAVE
Employees may take up to 30 hours per occurrence (January 1 through December 31) with pay in the event of a death of the following: mother, father, grandfather, grandmother, brother, sister, spouse, child, grandchild, and employee spouse's father, mother, grandfather, grandmother, brother, sister and any relative who has resided with the
employee for at least one year. Adoptive relatives and step relatives shall count the same as relatives by birth. Notification of need for such leave must comply with the City's Administrative Policy on Sick Leave.
ARTICLE 27- QUARTERLY PERSONNEL REPORTS
The City agrees to provide on a quarterly basis, personnel reports to UMMEA which shall include names, classifications and all personnel actions (new hires, terminations, transfers, promotions) within the Unit. Home and mailing addresses if different, and all address changes will be provided of Association members, and the City will request a waiver from non-Association members to provide the information. Also, a notice and opt- out system will be jointly developed by the City and Association for the disclosure of employee addresses.
Upland Mid-Management Employees
7/1/22- 6/30/23
17 ARTICLE 28- LAYOFF PROCEDURE
A. Statement of Intent - Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of employment, the employee holding such position of employment may be laid off or demoted pursuant to the provisions of the City's policy.
1) In determining the order of layoff, a combination of factors shall be considered, including: qualifications, productivity, general performance, seniority with the City of Upland, and seniority in job classification, and needs of the City. Variations from the order of layoffs and recall from layoff may occur when the City deems such variations appropriate under fiscal circumstances.
2) The factors the City Manager or designee, in his/her discretion, may use to determine layoff include the following:
a. An employee's last four performance evaluations, if any; b. Any history of employee commendations, awards, etc.; c. Any history of employee disciplinary action;
d. Attendance record, including tardiness and unexcused absences; e. Safety record, including personal injury and damage to city property; f. Probationary and temporary employees shall be laid off before a regular employee in the same classification;
g. Between two regular appointees in the same classification with similar skills, abilities, qualifications, merit and/or record, the employee with the lesser seniority in the classification shall be laid off first; h. Between two regular appointees in the same classification with equal seniority the employee with the lesser skills, abilities, qualifications, merit and/or record shall be laid off first;
i. Memoranda of Understanding (“MOU”) between the City and effected bargaining units.
B. Definitions
1) Layoff - A layoff is the involuntary separation or reduction of a regular status employee to a position in a lower classification, without fault of the employee.
Cause for Layoff:
a. If a function is to be discontinued, curtailed, mechanized, or operated by a different method.
b. Reorganization
c. Budget reduction
d. Termination or decrease in funds and/or materials for projects or programs. e. The mandatory reinstatement of an employee.
Upland Mid-Management Employees
7/1/22- 6/30/23
18 2) Classification - A classification is the bargaining unit position. A list of classifications within the Upland Mid Management Unit is included in "Exhibit B."
3) Job Series -A group of classifications similar with respect to the duties performed but different in terms of the nature and level of responsibilities performed. Each job series shall be included in "Attachment B."
4) Seniority-Seniority for the purpose of determining order of layoff shall be defined as total accumulated continuous time served in regular and probationary status in the City classified service. Regular and probationary status does not include seasonal/temporary part-time, contract, and/or provisional employees.
Should it become necessary to lay off by seniority, those employees with the least service in the affected classification shall be laid off or demoted:
a. First by classification; and
b. Second, to displace an employee, by City Seniority, including time served on military leave of absence in the armed forces of the United States. In order to bump into a former or lower classification:
1. An employee must have more City Seniority than at least one of the incumbents in the affected class.
2. Employees bumping to a lower class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
When two or more employees have equal seniority, the layoff shall be made in accordance with the Merit System Rules and Regulations.
C. Notification - Employees to be laid off shall be given, whenever possible, 45 calendar days prior notice, but no less than 30 calendar days' notice. The UMMEA shall be provided with a copy of the affected classifications and seniority list by classification of all affected employees within bargaining unit at least 30 days prior to its effective date.
D. Order of Layoff - In each classification, employees shall be laid off according to employment status in the following order:
1) Seasonal/temporary part-time, contract, and/or provisional employees performing services similar to classifications affected by layoff shall be terminated before any reduction in the regular work force. Likewise, other grant-funded employees shall be terminated in affected classifications, in accordance with federal or state rules or guidelines governing such funding programs.
2) Probationary employees and employees holding interim positions, who have regular status in another classification, shall revert to their former classification in the City to determine layoff rights.
Upland Mid-Management Employees
7/1/22- 6/30/23
19 3) Regular employees subject to layoff shall be based on seniority of service within that classification. For example, the employee being laid off or displaced from a classification shall be the employee in the affected classification with the least amount of time served in the affected classification.
E. Layoff Procedure - The layoff procedure is intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the process of layoff. The procedure for lay off, once the number of positions to remain by classification has been determined shall be as follows:
1) Except as otherwise provided herein, whenever there is a reduction in the work force, the appointing authority shall demote the affected employee to a vacancy, if any, in a lower class for which the employee is qualified. All persons so demoted shall have their names placed on the reemployment list for the higher class. 2) An employee affected by layoff shall have the right to displace an employee who has less City seniority in a lower classification in which the affected employee once had regular status.
3) If a classification title is changed due to a reclassification; the employee shall retain bumping rights to the previous classification and series. 4) Displaced employees are allowed to bump into positions that they have not previously held, provided that the position did not exist when the employee was appointed to the position from which they are laid off and the employee meets the minimum qualifications.
5) An employee is eligible to bump to a lower classification within job series in which he/she has achieved regular status. For example: Employee "A" is hired in as a Senior Engineer and achieves regular status; however, never worked as an Assistant Engineer. Employee "A" may bump employee "B" in the lower classification of Assistant Engineer, if Employee "A" has more City seniority. 6) Employees transferring or voluntarily demoting shall retain the same anniversary date as in their previous position for all purposes, including step advancement.
F. Reemployment Lists -The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment list. Lists from different departments or at different times for the same class of position shall be combined into a single list.
Such list shall be used by the appointing authority when a vacancy arises in the same or lower class of position before employment is made from an eligible list.
G. Duration of Reemployment List - Names of persons laid off shall be carried on a reemployment list for twelve (12) months, except that the name of an individual reappointed to a regular position of the same class shall, upon reappointment, be dropped from the list. An individual who declines either a voluntary demotion or reemployment in a classification shall be dropped from that specific reemployment list.
Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher class for a balance of the twelve (12)-month period. An individual
Upland Mid-Management Employees
7/1/22- 6/30/23
20 appointed from a reemployment list may be required to successfully pass a reemployment physical examination provided at City expense.
H. Terms and Conditions of Reemployment- Reemployment from a reemployment list to a previously held class shall be at the same step held at the time of layoff and at the current salary of that class at the time of reemployment. In case of a voluntary demotion from a reemployment list, the employee so electing shall be paid at the highest step in the range for the lower class which does not represent an increase in salary from the salary which would have been effective had the employee been appointed to his/her previously held class; and in no case to exceed "top" step in the current salary range of the class to which the employee is appointed. Employees reappointed from a reemployment list shall be credited with, at the time of reappointment, all accrued benefits at the time of layoff which were not compensated for at the time of layoff, provided that such accrued benefits shall not exceed established maximum at the time of reappointment.
I. Retraining- The City will make reasonable efforts to provide retraining opportunities to laid-off employees that will qualify them in classifications not related to their former classification and will attempt to place said laid-off employees in vacant positions in the City for which they are qualified. During the twelve months following a layoff, laid-off employees shall be eligible to compete for in-house promotional examinations for positions for which they qualify.
ARTICLE 29- PREVAILING BENEFITS
Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.
ARTICLE 30-SAVINGS CLAUSE
Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and UMMEA shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful. Such equivalent benefit will be implemented retroactive to the date the old benefit ceased.
The remaining parts or portions of the Agreement shall remain in full force and effect.
ARTICLE 31 - TERM OF AGREEMENT
Except where expressly stated otherwise herein, the City and UMMEA agree that the provisions of this MOU shall become effective on July 1, 2022 and shall expire on June 30, 2023.
Upland Mid-Management Employees
7/1/22- 6/30/23
21 ARTICLE 32 - ZIPPER CLAUSE
During the term of this Agreement, the parties agree that negotiations cannot commence on any subject unless the parties mutually agree.
Upland Mid-Management Employees
7/1/22- 6/30/23
22 CITY OF UPLAND
Michael Blay, City Manager
Date
Stephen Parker, Assistant City Manager
Date
Theresa Doyle, Human Resources/Risk Manager
Date
UPLAND MID MANAGEMENT EMPLOYEES’ ASSOCIATION
, Labor Relations Representative
Date
Bob Critchfield, UMMEA President
Date
Joshua Winter, UMMEA Vice President
Date
Kirk Swanner, UMMEA Secretary
Date
Upland Mid-Management Employees
7/1/22- 6/30/23
23 APPENDIX A
Classes included in the Mid-Management Unit:
Grade Classification Title
44 ADMINISTRATIVE ANALYST
38 ANIMAL SERVICES SUPERVISOR
48 ASSISTANT ENGINEER
42 ASSISTANT PLANNER
54 ASSOCIATE ENGINEER
46 ASSOCIATE PLANNER
63 BUILDING OFFICIAL
51 CHIEF WATER TREATMENT OPERATOR
45 CRIME ANALYST
62 DEVELOPMENT SERVICES MANAGER
46 ECONOMIC DEVELOPMENT COORDINATOR
67 ENGINEERING MANAGER
63 ENVIRONMENTAL QUALITY ADMINISTRATOR
46 HOUSING COORDINATOR
62 INFORMATION TECHNOLOLGY MANAGER
45 MAINTENANCE SUPERVISOR
44 MANAGEMENT ANALYST
67 OPERATIONS MANAGER
63 PLANNING MANAGER
54 POLICE DISPATCH SUPERVISOR
34 POLICE RECORDS SUPERVISOR
63 PRINCIPAL ENGINEER
55 RECREATION MANAGER
42 RECREATION SUPERVISOR
60 SENIOR ENGINEER
54 SENIOR PLANNER
50 UTILITY BILLING AND CUSTOMER SERVICE SUPERVISOR 67 UTILITIES MANAGER
50 UTILITY SYSTEM SUPERVISOR
City of Upland
UMMA Salary Schedule
June 26, 2022
Job Description Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 44 Hourly 29.43 30.16 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 Monthly 5,100.39 5,227.90 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 Yearly 61,204.65 62,734.77 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 38 Hourly 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 34.12 Monthly 4,398.05 4,508.00 4,620.70 4,736.21 4,854.62 4,975.99 5,100.39 5,227.90 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 Yearly 52,776.55 54,095.97 55,448.36 56,834.57 58,255.46 59,711.84 61,204.65 62,734.77 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 48 Hourly 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 41.58 42.62 43.68 Monthly 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 7,386.89 7,571.56 Yearly 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 88,642.69 90,858.77 54 Hourly 37.67 38.61 39.57 40.56 41.58 42.62 43.68 44.77 45.89 47.04 48.22 49.42 50.66 Monthly 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 7,386.89 7,571.56 7,760.85 7,954.87 8,153.75 8,357.59 8,566.53 8,780.70 Yearly 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 88,642.69 90,858.77 93,130.23 95,458.49 97,844.96 100,291.10 102,798.40 105,368.35 46 Hourly 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 41.58 Monthly 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 Yearly 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 63 Hourly 47.04 48.22 49.42 50.66 51.92 53.22 54.55 55.92 57.31 58.75 60.22 61.72 63.26 Monthly 8,153.75 8,357.59 8,566.53 8,780.70 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 10,437.49 10,698.43 10,965.89 Yearly 97,844.96 100,291.10 102,798.40 105,368.35 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 125,249.88 128,381.13 131,590.67 51 Hourly 34.98 35.85 36.75 37.67 38.61 39.57 40.56 41.58 42.62 43.68 44.77 45.89 47.04 Monthly 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 7,386.89 7,571.56 7,760.85 7,954.87 8,153.75 Yearly 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 88,642.69 90,858.77 93,130.23 95,458.49 97,844.96 45 Hourly 30.16 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 Monthly 5,227.90 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 7,030.95 Yearly 62,734.77 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 84,371.38 62 Hourly 45.89 47.04 48.22 49.42 50.66 51.92 53.22 54.55 55.92 57.31 58.75 60.22 61.72 Monthly 7,954.87 8,153.75 8,357.59 8,566.53 8,780.70 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 10,437.49 10,698.43 Yearly 95,458.49 97,844.96 100,291.10 102,798.40 105,368.35 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 125,249.88 128,381.13 46 Hourly 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 41.58 Monthly 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 Yearly 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 67 Hourly 51.92 53.22 54.55 55.92 57.31 58.75 60.22 61.72 63.26 64.85 66.47 68.13 69.83 Monthly 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 10,437.49 10,698.43 10,965.89 11,240.04 11,521.04 11,809.06 12,104.29 Yearly 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 125,249.88 128,381.13 131,590.67 134,880.44 138,252.46 141,708.77 145,251.49 63 Hourly 47.04 48.22 49.42 50.66 51.92 53.22 54.55 55.92 57.31 58.75 60.22 61.72 63.26 Monthly 8,153.75 8,357.59 8,566.53 8,780.70 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 10,437.49 10,698.43 10,965.89 Yearly 97,844.96 100,291.10 102,798.40 105,368.35 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 125,249.88 128,381.13 131,590.67 41 Hourly 27.32 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 Monthly 4,736.21 4,854.62 4,975.99 5,100.39 5,227.90 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 Yearly 56,834.57 58,255.46 59,711.84 61,204.65 62,734.77 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 46 Hourly 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 41.58 Monthly 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 Yearly 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 62 Hourly 45.89 47.04 48.22 49.42 50.66 51.92 53.22 54.55 55.92 57.31 58.75 60.22 61.72 Monthly 7,954.87 8,153.75 8,357.59 8,566.53 8,780.70 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 10,437.49 10,698.43 Yearly 95,458.49 97,844.96 100,291.10 102,798.40 105,368.35 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 125,249.88 128,381.13 45 Hourly 30.16 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 Monthly 5,227.90 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 7,030.95 Yearly 62,734.77 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 84,371.38 44 Hourly 29.43 30.16 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 38.61 39.57 Monthly 5,100.39 5,227.90 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 Yearly 61,204.65 62,734.77 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53
ASSISTANT ENGINEER
STEP
ADMINISTRATIVE ANALYST
ANIMAL SERVICES SUPERVISOR
EXECUTIVE ASSISTANT TO CHIEF OF POLICE
ASSOCIATE ENGINEER
ASSOCIATE PLANNER
BUILDING OFFICIAL
CHIEF WATER TREATMENT OPERATOR
CRIME ANALYST
DEVELOPMENT SERVICES MANAGER
ECONOMIC DEVELOPMENT COORDINATOR
ENGINEERING MANAGER
ENVIRONMENTAL QUALITY ADMINISTRATOR
HOUSING COORDINATOR
INFORMATION TECHNOLOGY MANAGER
MAINTENANCE SUPERVISOR
MANAGEMENT ANALYST
City of Upland
UMMA Salary Schedule
June 26, 2022
STEP
67 Hourly 51.92 53.22 54.55 55.92 57.31 58.75 60.22 61.72 63.26 64.85 66.47 68.13 69.83 Monthly 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 10,437.49 10,698.43 10,965.89 11,240.04 11,521.04 11,809.06 12,104.29 Yearly 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 125,249.88 128,381.13 131,590.67 134,880.44 138,252.46 141,708.77 145,251.49 63 Hourly 47.04 48.22 49.42 50.66 51.92 53.22 54.55 55.92 57.31 58.75 60.22 61.72 63.26 Monthly 8,153.75 8,357.59 8,566.53 8,780.70 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 10,437.49 10,698.43 10,965.89 Yearly 97,844.96 100,291.10 102,798.40 105,368.35 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 125,249.88 128,381.13 131,590.67 54 Hourly 37.67 38.61 39.57 40.56 41.58 42.62 43.68 44.77 45.89 47.04 48.22 49.42 50.66 Monthly 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 7,386.89 7,571.56 7,760.85 7,954.87 8,153.75 8,357.59 8,566.53 8,780.70 Yearly 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 88,642.69 90,858.77 93,130.23 95,458.49 97,844.96 100,291.10 102,798.40 105,368.35 34 Hourly 22.99 23.56 24.15 24.75 25.37 26.01 26.66 27.32 28.01 28.71 29.43 30.16 30.91 Monthly 3,984.41 4,084.02 4,186.12 4,290.78 4,398.05 4,508.00 4,620.70 4,736.21 4,854.62 4,975.99 5,100.39 5,227.90 5,358.60 Yearly 47,812.94 49,008.27 50,233.47 51,489.32 52,776.55 54,095.97 55,448.36 56,834.57 58,255.46 59,711.84 61,204.65 62,734.77 64,303.15 63 Hourly 47.04 48.22 49.42 50.66 51.92 53.22 54.55 55.92 57.31 58.75 60.22 61.72 63.26 Monthly 8,153.75 8,357.59 8,566.53 8,780.70 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 10,437.49 10,698.43 10,965.89 Yearly 97,844.96 100,291.10 102,798.40 105,368.35 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 125,249.88 128,381.13 131,590.67 55 Hourly 38.61 39.57 40.56 41.58 42.62 43.68 44.77 45.89 47.04 48.22 49.42 50.66 51.92 Monthly 6,692.16 6,859.46 7,030.95 7,206.72 7,386.89 7,571.56 7,760.85 7,954.87 8,153.75 8,357.59 8,566.53 8,780.70 9,000.21 Yearly 80,305.88 82,313.53 84,371.38 86,480.67 88,642.69 90,858.77 93,130.23 95,458.49 97,844.96 100,291.10 102,798.40 105,368.35 108,002.56 42 Hourly 28.01 28.71 29.43 30.16 30.91 31.69 32.48 33.29 34.12 34.98 35.85 36.75 37.67 Monthly 4,854.62 4,975.99 5,100.39 5,227.90 5,358.60 5,492.56 5,629.88 5,770.62 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 Yearly 58,255.46 59,711.84 61,204.65 62,734.77 64,303.15 65,910.74 67,558.51 69,247.48 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 60 Hourly 43.68 44.77 45.89 47.04 48.22 49.42 50.66 51.92 53.22 54.55 55.92 57.31 58.75 Monthly 7,571.56 7,760.85 7,954.87 8,153.75 8,357.59 8,566.53 8,780.70 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 Yearly 90,858.77 93,130.23 95,458.49 97,844.96 100,291.10 102,798.40 105,368.35 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 54 Hourly 37.67 38.61 39.57 40.56 41.58 42.62 43.68 44.77 45.89 47.04 48.22 49.42 50.66 Monthly 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 7,386.89 7,571.56 7,760.85 7,954.87 8,153.75 8,357.59 8,566.53 8,780.70 Yearly 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 88,642.69 90,858.77 93,130.23 95,458.49 97,844.96 100,291.10 102,798.40 105,368.35 50 Hourly 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 41.58 42.62 43.68 44.77 45.89 Monthly 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 7,386.89 7,571.56 7,760.85 7,954.87 Yearly 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 88,642.69 90,858.77 93,130.23 95,458.49 67 Hourly 51.92 53.22 54.55 55.92 57.31 58.75 60.22 61.72 63.26 64.85 66.47 68.13 69.83 Monthly 9,000.21 9,225.22 9,455.85 9,692.25 9,934.55 10,182.92 10,437.49 10,698.43 10,965.89 11,240.04 11,521.04 11,809.06 12,104.29 Yearly 108,002.56 110,702.64 113,470.21 116,306.95 119,214.63 122,195.01 125,249.88 128,381.13 131,590.67 134,880.44 138,252.46 141,708.77 145,251.49 50 Hourly 34.12 34.98 35.85 36.75 37.67 38.61 39.57 40.56 41.58 42.62 43.68 44.77 45.89 Monthly 5,914.89 6,062.76 6,214.33 6,369.69 6,528.93 6,692.16 6,859.46 7,030.95 7,206.72 7,386.89 7,571.56 7,760.85 7,954.87 Yearly 70,978.67 72,753.14 74,571.96 76,436.27 78,347.19 80,305.88 82,313.53 84,371.38 86,480.67 88,642.69 90,858.77 93,130.23 95,458.49
PRINCIPAL ENGINEER
OPERATIONS MANAGER
PLANNING MANAGER
POLICE DISPATCH SUPERVISOR
POLICE RECORDS SUPERVISOR
UTILITIES MANAGER
UTILITY SYSTEM SUPERVISOR
RECREATION MANAGER
RECREATION SUPERVISOR
SENIOR ENGINEER
SENIOR PLANNER
UB AND CUSTOMER SERVICE SUPERVISOR
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADOPTING A MEMORANDUM OF
UNDERSTANDING WITH THE UPLAND CITY EMPLOYEES
ASSOCIATION
WHEREAS, it is the policy of the City of Upland to compensate its employees in a fair and equitable manner for their efficient and faithful service; and
WHEREAS, the City opened negotiations with the duly authorized representatives of the Upland City Employees Association and have reached Agreement to amend the current Memorandum of Understanding through June 30, 2023.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council hereby approves the Memorandum of Understanding between the City of Upland and the Upland City Employees Association, attached hereto, and authorizes the City Manager, Assistant City Manager, and Human Resources/Risk Manager to execute the Memorandum of Understanding.
Section 3. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED and ADOPTED this 13th day of June, 2022.
Bill Velto, Mayor
Resolution No.
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 13th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
MEMORANDUM OF UNDERSTANDING (M.O.U.) BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND CITY EMPLOYEES ASSOCIATION
July 1, 201722 to June 30, 20223
TABLE OF CONTENTS
ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING .......................................... 1 ARTICLE 2- RECOGNITION ......................................................................................................... 1 ARTICLE 3 - DEFINITIONS .......................................................................................................... 1 ARTICLE 4 - MANAGEMENT RIGHTS ......................................................................................... 2 ARTICLE 5 - EMPLOYEE RIGHTS ............................................................................................... 3 ARTICLE 6 - EMPLOYMENT STATUS ......................................................................................... 3 ARTICLE 7 - SALARY ................................................................................................................... 4 ARTICLE 8 – SHIFT DIFERENTIAL ..................................................................................................... 4 ARTICLE 89 - PERSONNEL FILES .............................................................................................. 4 ARTICLE 109 - RETIREMENT BENEFITS ................................................................................... 5 ARTICLE 110 - HEALTH INSURANCE - CAFETERIA PLAN ....................................................... 6 ARTICLE 121 - HEALTH INSURANCE WHILE ON WORKERS' COMP ..................................... 7 ARTICLE 123 -RETIREE HEALTH INSURANCE REIMBURSEMENT ........................................ 7 ARTICLE 134 - RETIREE HEALTH SAVINGS ACCOUNTS ........................................................ 8 ARTICLE 145 -LIFE INSURANCE ................................................................................................ 8 ARTICLE 156 -LONG TERM DISABILITY INSURANCE .............................................................. 8 ARTICLE 167- ............................................................................................................................... DEFERRED COMPENSATION ......................................................................................................................... 9 ARTICLE 178- ............................................................................................................................... BILINGUAL PAY 9 ARTICLE 189 - CALL BACK PAY ................................................................................................. 9 ARTICLE 1920 - COMMERCIAL DRIVER'S LICENSE PHYSICAL EXAM .................................. 9 ARTICLE 201 - EDUCATION INCENTIVE .................................................................................... 910 ARTICLE 22- TUITION REIMBURS MENT ................................................................................... 10 ARTICLE 213 - HIGHER CLASSIFICATION WORK AND SPECIAL DUTY ................................ 10 ARTICLE 242 - LONGEVITY PAY ................................................................................................. 101 ARTICLE 253- MATRON PAY ....................................................................................................... 11 ARTICLE 264 - MERITORIOUS PAY ........................................................................................... 11 ARTICLE 275 -OVERTIME PAY/COMPENSATORY TIME OFF ................................................. 112 Page 161 of 333
ARTICLE 286 - STANDBY ............................................................................................................ 123
ARTICLE 279- UNIFORMS ........................................................................................................... 134 ARTICLE 3028- WATER CERTIFICATION TRAINING ................................................................ 14 ARTICLE 3129 - WORK BOOTS .................................................................................................. 145 ARTICLE 320 - HOLIDAYS ........................................................................................................... 156 ARTICLE 331- FLOATING HOLIDAYS ......................................................................................... 157 ARTICLE 342- SICK LEAVE ......................................................................................................... 157 ARTICLE 353- SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT ................................ 167 ARTICLE 364-VACATION ............................................................................................................. 167 ARTICLE 375-VACATION BUYBACK .......................................................................................... 168 ARTICLE 368- BEREAVEMENT LEAVE ...................................................................................... 168 ARTICLE 397 - FMLA AND CFRA ................................................................................................ 178 ARTICLE 3840 - HOURS OF WORK ............................................................................................ 179 ARTICLE 3941-GRIEVANCE PROCEDURE ................................................................................ 179 ARTICLE 402 - DISCIPLINARY PROCEDURE ............................................................................ 202 ARTICLE 413- LAYOFF PROCEDURES ...................................................................................... 212 ARTICLE 424 - BULLETIN BOARDS ............................................................................................ 256 ARTICLE 453 -– UCEA AGENCY SHOPASSOCIATION DUES DEDUCTION & REPRESENTATION 257 ARTICLE 446- ............................................................................................................................... PREVAILING BENEFITS 268
ARTICLE 457 - SAVINGS CLAUSE .............................................................................................. 268 ARTICLE 468-QUARTERLY PERSONNEL REPORT .................................................................. 278 ARTICLE 479 -TERM OF AGREEMENT ...................................................................................... 278 ARTICLE 5048-ZIPPER CLAUSE ................................................................................................. 278 ARTICLE 51 PREVENTA TIVE HEALTH ....................................................................................... 28
Upland City Employees Association (UCEA) 7 /l/2017-
6/30/20227/1/22 to
6/30/23
1 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND CITY EMPLOYEES ASSSOCIATION (UCEA)
JULY 1, 201722-JUNE 30, 20223
ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter known as MOU) is made and entered into by and between the City of Upland (hereinafter referred to as City) and the Upland City Employees Association (hereinafter referred to "UCEA").
ARTICLE 2 - RECOGNITION
The City hereby formally recognizes the UCEA as the representative for those employees in the General Employees Unit.
Recognition is granted for the purpose of meeting and conferring on wages, hours, terms and conditions of employment and general representation of employees in this unit.
This Memorandum of Understanding shall contain all of the covenants, stipulations, and provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment, not covered in this Memorandum of Understanding, are covered by existing ordinances, resolutions, policies and practices of the City, as well as the Merit System Rules and Regulations presently in effect.
ARTICLE 3 - DEFINITIONS
A. Bargaining Unit-The term "bargaining unit" as used in this MOU refers to the General Employees Unit.
B. Calendar Year-The term "calendar year" as used in this MOU refers to the period of twelve (12) consecutive months commencing on January 1 and ending on December
31. C. Day - The term "day" as used in this MOU refers to a calendar day, unless specified otherwise.
Upland City Employees Association (UCEA) 7/1/201722 -
6/30/20223
2 D. Emergency - The term "emergency" as used in this MOU means a circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.
E. Part-Time Employee: The term "part-time employee" as used in this MOU refers to a Regular Part-Time Employee. The term "regular part-time employee" as used in this MOU refers to an employee who is salaried, receives benefits according to approved hours, and whose position is budgeted at less than full time.
G.E. Seniority- For the purpose of this MOU, "seniority" shall be determined by length of continuous service within the City. The determination of seniority shall not be affected by sick leave, vacation or other authorized leaves of absences.
H.F. Seniority Within Classification - For the purpose of this MOU, "seniority within classification" will be considered for purposes of scheduling vacations, shift assignments, transfers, overtime and whenever specifically designated within the existing provisions. Such seniority will prevail when all other factors are not significantly different. "All other factors" is defined as qualifications, skills, reliability and safety. It is not the intent of this provision to permit the bumping of less senior employees by more senior employees after an initial schedule is established.
I.G. Working Day - The term "working day" mean the usual and customary length of an employees work schedule on a given day.
ARTICLE 4 - MANAGEMENT RIGHTS
The rights of the CITY include, but are not limited to the exclusive right to:
A. Determine the mission of its constituent departments, commissions and boards; B. Set standards of service;
C. Determine the procedure and standards for employment and promotion; D. Direct its employees;
E. Relieve its employees from duty because of lack of work or for other lawful reasons; F. Maintain efficiency of government operations;
G. Determine the methods, means and personnel by which government operations are to be conducted;
H. Determine the content of job classifications;
I. Take all necessary actions to carry out its mission in emergencies; J. Exercise complete control and discretion over its organization and the technology of performing its work;
K. To discharge, suspend, demote, reprimand, withhold salary increases or otherwise discipline employees for cause; and
L. To establish employee performance standards, including, but not limited to, quality and quantity standards and to require compliance.
Upland City Employees Association
{(UCEA})
7 /1/201722-
6/30/20223
3 There are no provisions in this MOU that shall be deemed to limit or curtail the City in exercising its rights, unless and only to the extent that the provisions of this MOU specifically curtail or limit such rights.
Where required by law, the City agrees, prior to implementation, to meet and confer with the UCEA concerning the exercise of a City right upon wages, hours and terms and conditions of employment.
The City reserves the right to contract out any work it deems necessary in the interest of efficiency, economy, improved work product, or emergency. Except where an emergency situation exists, at least 60 days before the City contracts out work in a general area, where such contracting out would result in the layoff of existing employees, the City will notify the UCEA and offer the UCEA an opportunity to meet and discuss the matter before the date any existing bargaining unit employee is laid off. Matters which may be discussed include the necessity for subcontracting, costs, alternatives, placement of affected employees with the contractor or elsewhere within the City.
ARTICLE 5 - EMPLOYEE RIGHTS
The City shall afford regular employees the procedural safeguards as required by law and this MOU.
An employee shall have to the right to UCEA representation at any meeting with management when the employee reasonably anticipates that such meeting is for the purpose of disciplining the employee or is to obtain facts to support disciplinary action that is probable.
Any written rule which falls within the scope of Meyers -Milias-Brown Act (MMBA), established and promulgated by the City shall be posted in the affected department ten (10) work days prior to the effective date with a copy sent to the UCEA Representative.
ARTICLE 6 -EMPLOYMENT STATUS
A. Probationary Period - All original appointments shall be tentative and with a probationary period of not less than one (1) year. All promotional appointments for general employees are tentative and have a probationary period of not less than six (6) months, with the exception of a promotion to a position in a different classification series, and then such probationary period will be one (1) year.
B. Promotions/Appointments - The City will strive to fill vacant or new positions on a promotional basis with employees currently employed by the City of Upland.
Upland City Employees Association (UCEA) 7 /1/201722-
6/30/20223
4 ARTICLE 7 - SALARY
Effective the first full pay period following MOU ratification by UCEA and approval by the City Council, the City shall issue:
A. a one-time lump sum distribution for each employee currently working for the City and also employed by the City on July 1, 2017 of 1% (one percent) of the employees annual base salary as of July 1, 2017. The parties agree that the one- time distribution shall not be credible for CalPERS retirement.
A. a one-time lump sum distribution for each employee currently working for the City and also employed by the City on July 1, 2018 of 1% (one percent) of the employees annual base salary as of July 1, 2018. The parties agree that the one- time distribution shall not be credible for CalPERS retirement.Employees in this unit shall receive a four and one half percent (4.5%) COLA increase in base salary.
The City will issue a one-time payment for Essential Worker Premium Pay of up to forty - five hundred dollars ($4,500) to each employee who was physically reported to work and has been actively employed by the City during the time period of April 1, 2020 , through March 31, 2021, and remains currently employed as of the scheduled payment date.
The payment will be mad e in a separate check issued on the week following the first pay date in FY 2022/2023. The parties agree that the one -time distribution shall not be credible for CalPERS retirement.
These payments will be pro-rated based on the number of months employees have been employed with the City during April 1, 2020, through March 31, 2021. An employee who was hired after the 15th of the month will not receive credit for working that month for purposes of calculating the pro -rated lump sum payment. For example: An employee hired on May 16, 2020, will receive a payment of $3,750 (10 months times $375).
Employees who have been on an unpaid leave of absence during this time will also have their lump sum payment pro-rated based on the period of unpaid leave of absence.
ARTICLE 8 – SHIFT DIFFERENTIAL
Employees in the classifications of Lead Police Dispatcher, Police Dispatcher I and Police Dispatcher II will receive a $2.00 per hour differential for the hours worked between 6:00 p.m. through 6:00 a.m.
Effective the pay period beginning August 11, 2019, following MOU ratification by UCEA and City Council approval, all employees in this unit shall receive a 4% COLA increase in base salary.
Effective June 28, 2020, all employees in this unit shall receive a 2% COLA increase in base salary.
Effective June 27, 2021, all employees in this unit shall receive a 2% COLA increase in base salary.
ARTICLE 89 - PERSONNEL FILES
Upland City Employees Association (UCEA) 7 /1/201722-
6/30/20223
5 The City shall keep a central personnel file for each employee. Said central personnel file shall be maintained in the Human Resources Department. Supervisors may keep working files, but material not maintained in the central personnel file may not provide the basis for disciplinary actions of termination, demotion, reduction in pay or suspension or be used in evaluating an employee's fitness for promotion. Information in the supervisor's working file may however, be used in performance evaluations provided that the infor mation is not more than 18 months old or older than the last performance evaluation.
Upon 24 hours notice to Human Resources, an employee may inspect his/her central personnel file subject to the following:
A. Inspection may occur during working hours at the time and in a manner mutually acceptable to the employee and the employee's supervisor.
B. Pre-employment information such as reference checks and responses, interview rating sheets, test results or informatio n provided the City with the specific request that it remain confidential shall not be subject to inspection or copying.
Upland City Employees Association (UCEA) 7 /1/201722-
6/30/20223
6 ARTICLE 910 - RETIREMENT BENEFITS
Pension Reform Act of 2013:
The parties agree that the provisions of AB 340 (The California Pension Reform Act of 2013) went into effect on January 1, 2013. In addition, if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law automatically goes into effect, it shall do so. Either party may request to negotiate over the impact of such subsequent legislation.
A. PEPRA Members:
Pursuant to the Act, for "new members" herein referred to as PEPRA (Public Employees' Pension Reform Act) members (as defined by the Act) who are employees hired after January 1, 2013, they will be hired pursuant to the 2% @ 62 retirement formula.
For PEPRA members (as defined by the Act) who are employees hired after January 1, 2013, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement.
For PEPRA members (as defined by the Act) hired after January 1, 2013, the employee shall pay the one half of the total normal cost rate as defined by the Act as their employee retirement contribution.
B. Classic Employees - two groups
1) Classic Employees hired on or before December 31, 2019, in the General Employees unit are provided with membership in the California Public Employees Retirement System (CalPERS), 2.5% @ 55 retirement formula. The employee will pay the eight percent (8%) CalPERS employee/member contribution. Classic Employees hired after January 1, 2020 shall cost share with the City by contri buting 1.4% of CalPERS employer contribution in addition to the 8% employee/member contribution
The City contracts with CalPERS for the Single Highest Year Option and the 1959 Survivor Benefit, 3 rd level. There is an employee cost of $2.00 per month for the 1959 Survivor Benefit.
The agreement between the City and CalPERS allows for the buy -back of time served by the employee in the Military as defined under Government Code Section 21024.
Upland City Employees Association
({UCEA)
7 /1/201722-
6/30/20223
7 ARTICLE 101- HEALTH INSURANCE-CAFETERIA PLAN
A. Cafeteria Plan
In accordance with "The City of Upland Cafeteria Plan", the City provides a 125 Flexible Benefit Plan ("the Plan"). The regular and intended effect of the Plan, under current law, is to enable employees to receive benefits which may not be subject to either State or Federal income tax.
The details of Plan eligibility and operational requirements are set forth in the Plan documents. Once enrolled in a cafeteria distribution plan, employees will only be permitted to modify the plan on the same basis as changes are permitted in health insurance plans, that is, during open enrollment periods and when the employee's dependent status changes.
1) The City shall make a monthly contribution as set forth below to each e ligible member of the unit to be used toward the Section 125 Cafeteria Plan. These funds shall only be used for qualified benefits as provided for in IRC Section 125.
2) All employees must enroll in one of the [MH1]health program plans unless they submit to the City proof of comparable health coverage. The City may require additional proof of alternative coverage at any time.
3) Employees who fail to complete this requirement will be enrolled in the lowest cost health insurance plan the City offers.
4) Employees who meet the requirement shall be allowed to utilize their Section 125 Flexible Benefit Plan contributions for any of the other qualified benefits as provided for in IRC Section 125.
B. City Section 125 Benefit Contribution
The City will make available to each covered employee a monthly amount for benefits, as specified in this MOU.
1) Employees hired prior to March 1, 2016 will receive the maximum benefits contribution allocation:
a. Effective January 1, 201723 - $1184.5,4000
b. Effective January 1, 2020 -$1267.00
Upland City Employees Association (UCEA) 7 /1/20127-
6/30/20223
8 For eEmployees hired on or after March 1, 2016, the City will contributereceive the following contributions to the plan to a maximum of $1,184.50 effectiveeffective January 1, 2017, upon ratification by UCEA and City Council approval, $1267.00 effective January 1, 20203 and thereafter:
Employee Only
The amount to cover the lowest cost
plans for health, dental and
Vision (Kaiser HSA excluded)
Employee plus one
The amount to cover the lowest cost
plans for health, dental and vision
(Kaiser HSA excluded)
Family
The maximum benefit of $1,400
Employee Only
Employee plus one
Family
100% of lowest cost plans for health, dental
and Vision
100% of lowest cost plans for health, dental
and vision
100% of lowest cost plans for health, dental
and vision
The employee must pay the difference between the City's contribution and the actual premium of the plan selected, if any. The City reserves the right to change medical carriers. In the event of a change, the City agrees to meet and confer prior to any change.
Employees in the unit who elect a medical HSA may transfer unused Cafeteria Plan funds to the HSA (Health Savings Account) up to the maximum amount allowed by IRS guidelines.
Employees who waive medical coverage, dental coverage, and/or vision coverage may elect to put up to the maximum annual amount of five hundred dollars ($500) per Section 125 guidelines in their Flexible Spending Account (FSA).
Employees hired prior to March 1, 2016, may transfer unused Cafeteria Plan funds to the Deferred Compensation 457(b) plan.
ARTICLE 112- HEALTH INSURANCE WHILE ON WORKERS' COMP.
If an employee is injured on-the-job and is unable to return to work for more than 180 days, the City will pay health insurance premiums for the employee and his/her family for a maximum of twelve months or termination of employment, whichever comes first.
Employee is responsible for the first 180 days.
ARTICLE 123- RETIREE HEALTH INSURANCE REIMBURSEMENT
A. The City shall contribute monthly on behalf of each retiree the amount set forth in the
Upland City Employees Association
{(UCEA})
7 /1/201722-
6/30/20223
9 table below. An additional $45 per month allowance is provided for spouse if the spouse is covered under the retiree's insurance.
B. FOR RETIREES IN OTHER THAN CALPERS MEDICAL: The City shall reimburse monthly each retiree the amount of his or her retiree medical premium, up to the amount set forth in the table below. An additional $45 per month allowance is provided for spouse if the spouse is covered under the retiree's insurance.
The provisions of this article above shall only apply to bargaining unit members hired on or before March 1, 2016. To be eligible for the retiree medical payments herein, an employee must retire from the City and purchase retiree medical insurance within 120 days from separation.
ARTICLE 134- RETIREE HEALTH SAVINGS ACCOUNTS
Retirement Health Savings (RHS) accounts will be established through ICMA which will be payable to the employee only upon service or disability retirement with the City of Upland.
City contributions to the RHS accounts will be based upon years of service in accordance with the following schedule:
Years of Service Monthly City
Contribution
Yearly City Contribution
5 to 9.99 $12.50 $150.00
10 to 14.99 $25.00 $300.00
15 to 19.99 $50.00 $600.00
20 to 24.99 $75.00 $900.00
25+ $100.00 $1,200.00
This will be in addition to the existing benefit for Retiree Medical Insurance Reimbursement.
ARTICLE 145 - LIFE INSURANCE
YEARS OF SERVICE City’s Monthly Payment
-Retirees in PERS
Medical
RETIREE ONLY
City’s Monthly
Payment -Retirees
in PERS Medical
RETIREE PLUS
SPOUSE
City’s Monthly
Reimbursement-
Retirees in other
than PERS Medical
10-14 years of service PERS statutory minimum PERS statutory minimum
$72.57
15-19 years of service PERS statutory minimum $141.81 per month $96.81 20-24 years of service PERS statutory minimum $166.05 per month $121.05 25 + years of service $145.14 per month $190.14 per month $145.14
Upland City Employees Association
{(UCEA})
7 /1/201722-
6/30/20223
10 The City provides employees in this unit with group life insurance in an amount equal to one times (lx) their annual salary.
ARTICLE 156 - LONG TERM DISABILITY INSURANCE
The City assumes the full premium cost for the employee in the City designated long-term
disability program. This benefit will pay 66 2/3% of base salary to a maximum of $5000 per month after 60 days (or use of all sick leave, whichever is later) to qualified members of this unit.
Upland City Employees Association
{(UCEA)
7 /1/201722-
6/30/20223
11 ARTICLE 167 - DEFERRED COMPENSATION
Effective September 1, 2019, the City will contribute $100 per month in deferred compensation on behalf of each employee in the unit. Employees may add additional contributions voluntarily.
ARTICLE 178- BILINGUAL PAV
A bilingual differential of $100 per month shall be paid to certified employees assigned to those designated positions which normally require fluency in writing, reading and/or translating a second language, providing such proficiency was not required as a condition of employment. The bilingual pay will be granted only as long as the position continues to be designated as requiring bilingual proficiency or as long as an employee occupies such a designated position.
In order to receive the bilingual pay for a designated position, the employee must be certified by testing. Such testing will be arranged for by Human Resources.
Certified employees will receive the bilingual differential effective the day following notification that they have successfully been certified as bilingual. Immediately upon notification, the employee must maintain a log f or a one-month period demonstrating that bilingual skills are utilized a substantial portion of the time. The log should include the date, duration and type of bilingual skills utilized. This log should be signed by the employee and department head and forwarded to Human Resources.
If it is determined that the employee does not utilize bilingual skills a substantial portion of the time, the bilingual differential will cease immediately upon notification of such to the employee and the UCEA.
ARTICLE 189-CALL BACK PAY
Employees will be paid time and one half, for a minimum of two hours, if called out after regular hours and the employee has worked over 40 hours in a week. This pay applies if the employee is called back to work and the situation was not known in advance.
ARTICLE 1920 - COMMERCIAL DRIVER'S LICENSE PHYSICAL EXAM
The City shall pay the costs for the physical and renewal of the Commercial Driver's license every two years (or as required) for qualified employees.
ARTICLE 201 - EDUCATION INCENTIVE
Upland City Employees Association
{(UCEA)
7 /1/201722-
6/30/20223
12 Employees hired after July 1, 1981, will receive a one-time payment of the percentage of total annual base salary for job-related degrees earned after initial hire at time the job b-
Upland City Employees Association
{(UCEA)
7 /1/201722-
6/30/20223
13 related degree is awarded combined with years of service in accordance with the following schedule:
AA/AS with 2 years of service 5%
BA/BS with 2 years of service 7.5%
MA/MS with 2 years of service 10%
7/1/201722-
6/30/20223
Upland City Employees Association
({UCEA}
14 ARTICLE 22 – TUITION REIMBURSMENT
The City agrees to reimburse employees up to twenty-five hundred ($2,500) per employee, per fiscal year, as long as funds are available, for costs for tuition and textbooks incurred for job-related education. Such expenditure must enhance the furtherance of the City’s work or continuing educations goals.
Eligibility for reimbursement is contingent upon an approved course or seminar, completed with, where applicable, a grade of “C” or better or “pass” when taken on a pass/fail basis.
Approval for reimbursement must be submitted first to the Department Head prior to the employee enrolling in the class or purchasing textbooks and related materi als. Upon successful completion of the course(s), the employee must submit a request for reimbursement to Finance Division for processing.
Time spent toward education, or area development shall not be considered as time worked and should not occur during regular w ork hours.
ARTICLE 213 - HIGHER CLASSIFICATION WORK AND SPECIAL ASSIGNMENT
In the event that a Department Head desires to assign an employee to a classification higher than regularly held by the employee, i.e. from Maintenance Worker II to Leadworker, said appointment shall be made in writing and approved by the appropriate Department H ead.
The City will provide the employee move -up pay of five percent (5%) additional of the current classification or "A" step of the higher classification (whichever is higher) after working in the higher classification 15 working days in any calendar year.
Effective January 1, 2018, employees of the Police Department will receive Special Assignment Pay in the amount of five percent (5%) of base salary when assigned to Lead Dispatcher or Lead Code Enforcement classifications.
ARTICLE 224- LONGEVITY PAY
There are two categories of longevity payEmployees in the unit who meet the requirements below will receive longevity pay in the following amounts:.
• Longevity Meritorious Pay - Ten Years- Employees with ten (10) years or more of continuous service and who has achieved a minimum of "meets requirements" on the most recent performance evaluation will receive a two percent (2.0%) increase in base salary. An employee who is denied this increase due to the performance evaluation requirement, may follow the grievance procedures as described in this MOU (not credible for CalPERS retirement).
7/1/201722-
6/30/20223
Upland City Employees Association
({UCEA}
15 C. Longevity Pay - Twenty Years - Employees with twenty (20) years or more of continuous service will receive a two and one half percent (2.5%) increase in base salary.
• These two categories are not mutually exclusive so an employee who meets the requirements of both categories of longevity pay may earn both the 2.0% and the 2.5% concurrently.Ten (10) Years of Service: Three percent (3%) increase in base salary
• Fifteen (15) Years of Service: Four percent (4%) increase in base salary • Twenty (20) Years of Service: Five percent (5%) increase in base salary
Service must be continuous, and employee must receive an overall “meets standards” on the most recent performance evaluation.
An employee who is denied this increase due to performance evaluation requirement, may follow the grievance procedures as described in this MOU.
The amounts are exclusive of each other and will not be considered buildable upon the last longevity amount.
ARTICLE 235- MATRON PAY
Female dispatchers shall be designated as Matrons, performing all duties normally associated and shall be paid a salary differential of 2.5%.
The City will provide Matron Pay in the amount of two and one half percent (2.5%) of base salary to female Police Service Technicians and female Forensic Specialists who are assigned to perform matron duties.
ARTICLE 246- MERITORIOUS PAY
It is recognized that certain employees will put forth extraordinary efforts and produce outstanding results for the City. It is desired to reward these individuals. An incentive pay method has been established to encourage all employees to utilize fully their capabilities on behalf of the City. Employees recommended by their department heads and approved by the City Manager may be granted a five percent (5%) increase in salary for a period of three (3) months, six (6) months, or one (1) year. Department head recommendations will be submitted to the City Manager’s Office for review and approval. annually on May 1. Payment of meritorious pay will be made in a lu mp sum annually on the first regularly scheduled pay day after approval from the City Manager payday in June .
Recommendations will contain supporting documentation justifying the reasons for the pay.information required in Section VIII of the Compensation Plan.
7/1/201722-
6/30/20223
Upland City Employees Association
({UCEA}
16 General employees who use less than 24 hours of sick time in the period from December through November of the current year and whose most recent performance evaluation indicates above average performance in all aspects of their work and have 1000 hours of accrued sick leave as of December 1st of any year will receive $200. Computations will be made and payment will be in the form of a lump sum payable on the first regular payday in December of each year. Such payment will only be made to persons actually in the employ of the City on the date of payment.
ARTICLE 257- OVERTIME PAY /COMPENSATORY TIME OFF
This section is applicable to overtime scheduled in advance and/or short notice and to emergency overtime. It is understood that overtime assignments are made by classification within the department requiring the overtime.
Overtime will be divided equally between all qualified employees within the affected classification and among those desiring to do the work. Qual ified shall mean the supervisor's judgment as to equal ability to perform required tasks.
In order to assure equal distribution of overtime, an overtime list will be established by classification within the department according to departmental seniority. After completion of an overtime assignment the senior employee will move to the bottom of the list and not be offered overtime until each employee has been offered an overtime assignment
Upland City Employees Association
{(UCEA)
7 /l/201722-
6/30/20223
17 In the event no employee is willing to accept an overtime assignment, it will be assigned by reverse order of seniority. In subsequent cases of unaccepted overtime, the next lowest employee in seniority will be given the assignment with the intent being to divide equally all unaccepted overtime among affected employees.
Overtime shall be paid for time worked in excess of the employee's designated work week at the rate of one and one-half (1 ½) times the basic rate. Paid vacation, floating holiday, and sick leave during a work period is counted as hours worked for overtime purposes.
Compensatory time does not count as hours worked for overtime purposes.
Employee experiencing a special circumstance may request overtime compensation in the form of compensatory time off to the department head for approval. Otherwise, employees will be paid for any hours in excess of the scheduled work week at the overtime rates described above. In the event of a conflict between the employee and the department head, the department head's decision shall prevail.
General employees may not accrue more than one hundred eighty (8100) hours of compensatory time; however, employees assigned to Police Dispatcher I, Police Dispatcher II, or Lead Dispatcher may accrue up to onetwo hundred and twentyforty (12240) hours of compensatory time. Employees who have reached the accrual cap will automatically receive overtime pay until a reduction in the bank of hours to an amount below the maximum accrual.
The parties agree that recurring work periods of greater than sixteen (16) hours should be avoided and not encouraged. Employees who are required to stay over from the regular work day or who are called back for an emergency and required to work extended hours, may be entitled to a rest period of up to eight (8) hours before returning for the next shift and will receive payment for the full day. Employees must consult with the supervisor to determine eligibility and for approval of the change to the schedule for the following shift.
ARTICLE 268 - STANDBY
Standby duty assignments shall be rotated among qualified employees pursuant to this section. "Qualified" shall mean the supervisor's judgment as to equal ability to perform required tasks in the most efficient manner.
Employees (excluding Police Dispatcher I, Police Dispatcher II, and Lead Police Dispatcher) on standby are required to respond to call-outs in a reasonable period of time.
In order tTo assure a reasonable response time, employees on standby shall be required to carry a City furnished cell phone and respond to a call within 15 minutes. Employees who do
not meet the necessary response time limits may request an exception when there are limited personnel to perform the necessary stand-by duties. Such requests will be considered on a case-by-case basis, but must have compelling justification in order to receive favorable consideration. Standby employees shall be entitled to the use of a City vehicle during standby periods for the use in commuting to and from their residence to the
Upland City Employees Association
{(UCEA)
7 /l/201722-
6/30/20223
18 scene of the call-out.
Upland City Employees Association (UCEA) 7 /1./20221.7 - 6/30/20223
19 From those employees deemed qualified, a list shall be established on an annual basis for standby for the following 12 - month period by length of service with the City. Employees with the longest uninterrupted service with the City of Upland as a department employee shall be placed at the top of the list with those having lesser lengths of service listed in descending order.
Each employee on the standby list shall have the opportunity to select their proportionate share of standby duty for the following 12- month period in the order shown on the above list. Individuals may, with notification to and approval from the supervisor or Department Head, change standby assignments with the next qualified and available employee.
Individuals selected to serve standby duty shall do so for a period not to exceed one (1) calendar week.
Any employee who is called back to work who is on standby shall be paid at one and one- half (1 ½) times their normal hourly rate and shall be guaranteed a minimum of two (2) hours per call out except that if while responding to a first call, subsequent calls are received during the original call then no new minimum shall be given.
Standby pay shall be paid at the rate of the prevailing minimum wage, for two (2) hours Monday - Thursday and for eight (8) hours on Friday, Saturday, Sunday , and Holidays.
Standby for the Upland Hills Treatment Plant will be for eight (8) hours on Friday.
Non-safety personnel required to work a split shift for two days shall receive standby pay for any additional days in the same pay period. Split shift shall be defined as a divided regular shift with a division of three (3) hours or more (any scheduled lunch period within the split shift will be counted as standby time).
Police Management may, at its discretion, place employees in the classification of Lead Police Dispatcher, Police Dispatcher I, or Police Dispatcher II in an on -call status when it is in the best interest of the organization. In the event that a dispatch employee is placed on-call, the employee will be compensated at the rate of fifty dollars ($50) per day. An employee who is called back to work will be compensated at time and one half pay (1 ½) for hours worked.
On-call period is defined as the time an employee is on their days off from the time they leave after completing their last scheduled shift until they return to work on their next regularly scheduled shift, excluding any previously scheduled overtime shifts.
Police Dispatcher I, Police Dispatcher II, and Lead Po lice Dispatcher employees receiving on-call pay shall be required to leave a telephone number where they may be reached in the event that they are needed to report to work. Employees must be able to respond within one (1) hour of notification during any on -call period.
Non-sworn employees in the Police Department who are required to be on standby for Court will receive $50 per day.
Upland City Employees Association (UCEA) 7 /1./20221.7 - 6/30/20223
20 ARTICLE 279 - UNIFORMS
The following classifications in the General Unit shall receive a uniform allowance in the amount of $200 per year after completion of 12 months of employment: -, Utility Billing and Business License Inspector and Building Inspectors..
The following classifications of Police Department employees will receive a uniform allowance of four hundred dollars ($3400) per year: Animal Services Officer, Code Enforcement Officer, Crime Prevention Officer, Forensic Specialist, Homeless Coordinator, Lead Police Dispatcher, Police Dispatcher I, Police Dispatcher II, Police Records Specialist I, Police Records Specialist II, Police Services Technician, Property & Evidence Clerk, Senior Lead Records Specialist, Traffic A ide, and Utility Billing-Business License Inspector. and Forensic Technician.
This allowance will be paid the first pay period in December. The City will provide uniform service to all general field personnel required to wear uniforms.
All employees receiving uniform allowance will be required to wear uniforms during their work hours when assigned by the Department Head.
ARTICLE 2830 - WATER CERTIFICATION TRAINING
The City will pay for Water Division staff certification and recertification. This includes time spent in training, the cost of the training class and necessary supplies if applicable.
Employees assigned to the Water Division in the classifications listed below will receive Certification Pay for additional certifications earned above and beyond those required at the time of hire., effective January 1, 2017.
Eligible employees will receive five percent (5%) for each certification listed in their assigned classification, above and beyond those required at the time of hire, up to a maximum of ten percent (10%), in accordance with the following chart.
Classification Required at
Hire
Required Within 12
months
Certifications Eligible
for Certification Pay -
5% increase for each
Cross Connection Control
Technician
T1, D3, Backflow
Prevention
Device Tester,
Backflow
Prevention
Assembly Tester
Cross-Connection Control
Specialist (within 18 months
of appointment)
T 2-3 or D4-5 (Max
10%)
Senior Water Treatment Operator T3, D3 T 4-5 or D4 (Max 10%) Water Treatment Operator Tl, D1 T 2-3 (Max 10%)
Upland City Employees Association (UCEA) 7 /1./20221.7 - 6/30/20223
21 Senior Utility Systems Worker
(Water)
D3, Tl, “Collections”
Grade 3
D 4-5 or T2-3 or
“Collections” Grade 4
(Max 10%)
Utility Systems Worker (Water) D1 Tl D 2-3 or T 2-3 (Max 10%) Utility Systems Worker (Sewer) D1 will be
required for
all new hires
“Wastewater
"Collections" Grade 1
(D-1 within within 12
months
for current employeesof
appointment)
No certification payD 2-3
or “Collections” Grade 2-
3 (Max 10%)
Senior Utility Systems Worker
(Sewer)
D1, “Collections
Grade 3”
T 2-3 or D2-3 or
“Collections” Grade 4
(Max 10%)
Seniorr. Utility Meter Reader
Water Meter Technician
D1 Within 12 months No certification pay
Water Utility Meter
ReaderTechnician
D1 Within 12 months No certification pay
Legend:
"“T"”: Water Treatment Operator Certificate issued by the State of California, Department of Public Health and/or the State Water Resources Board
"“D"”: Water Distribution Operator Certificate issued by the State of California, Department of Public Health and/or the State Water Resources Board
"“Collections"”: California Water Environmental Association (CWEA) Wastewater Collection System Maintenance Certifications
ARTICLE 2931 -– WORK BOOTS
The City will provide an allowance for s work boots, (up to two hundred dollars ($125.00200) per pair), for the following classifications: Building Inspector, Chief Water Treatment Operator, Custodian, Equipment Mechanic, Environmental Control Technician, Equipment Operator, Facilities Coordinator, Facilities Specialist, Inventory Specialist/Equipment, Maintenance Worker and Senior (Sr.) Maintenance Worker, Public Works Inspector, Senior. Public Works Inspector, Senior Equipment Mechanic, Water Meter Technician, S enior. Water Meter Technician, Water Treatment Operator, S enior.
Water Treatment Operator, S enior. Water Utility Inspector, Utility Systems Worker, S enior.
Utility Systems Worker, Utility Billing-
Business License Inspector, Code Enforcement Officer, Animal S ervices Officer, Traffic Aide, Police Service Technician and Forensic Specialist.Technician. Effective 7/1/2012, oOnce the initial boot is purchased, annually employees may request up to two (2) replacement pairs upon proof of need to the department due to the condition of the boot.
Upland City Employees Association {(UCEA) 7 /l/201722-
6/30/20223
22 ARTICLE 302 - HOLIDAYS
The City of Upland observes the following holidays, as official fixed holidays, established by Resolution:
New Year’s Day (January 1)
Martin Luther King Day (Third Monday in January)
President’s Day (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving Day (The Day After the Fourth Thursday in November) Christmas Day (December 25)
Each official fixed holiday shall be ten (10) hours of time off with pay unless otherwise noted.
Employees in the classification of Police Dispatcher I, Police Dispatcher II, and Lead Police Dispatcher will receive twelve (12) hours of holiday pay.
If the holiday falls on a Friday or Saturday, Thursday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday.
Employees who are required to work on an official, fixed holiday will receive time and one half in addition to regular pay for up to ten (10) hours worked.
In order to be paid for a recognized City holiday (the days on which the public offices of the City of Upland will be closed) employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the holiday and the Tuesday following the holiday.To be paid for an official, fixed City holiday (the days on which the public offices of the City of Upland will be closed), employees must be in a paid status both the day before and the day after the holiday. For e xample, if a holiday falls on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the holiday and the Tuesday following the holiday.
City Hall and most City departments will be permanently closed from Christmas Day through New Year’s Day. Employees may use vacation, floating holiday, or comp time to cover the time City facilities will be closed during the winter hol idays.
Upland City Employees Association {(UCEA) 7 /l/201722-
6/30/20223
23 In the years where the City holiday closer would be for three (3) work days, the City will provide ten (10) hour s of leave to cover the additional closure day.
Employees that are required to work, due to the nature of their job, during the holiday closure will receive a comp time contribution equal to the number of compensable hours worked, with a maximum allowable amount of thirty (30) hours.
ARTICLE 313-FLOATING HOLIDAYS
Employees in the unit shall receive forty (40) hours of Floating Holiday annually. Floating holiday hours must be used during the calendar year or they will be removed from the books on December 31 of each year.that are not used by the first pay period in December will automatically be cashed out on on the last pay date period in December January that covers the final pay period for December .
ARTICLE 324 - SICK LEAVE
General Employee unit members earn sick leave at the rate of eight hours per month, up to a maximum accrual of 1250 hours. No sick leave may be granted during the first thirty days of employment with the City.
ARTICLE 335-SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT
Upon service or disability retirement under the PERS retirement plan, employees may elect one of the following options for payment of unused sick leave:
A. At the time of service or disability retirement, one half (50%) of accrued sick leave may be cashed out at the current hourly rate, up to a maximum of 625 hours.
A. Retiring employees may use one half (50%) of accrued sick leave as Personal Leave just prior to retirement, up to a maximum of 625 hours.
ARTICLE 346-VACATION
Vacation shall accrue for employees based on the following schedule:
01 – 02 Years of service 80 Hours per year
03 – 05 Years of service 96 Hours per year
06 – 10 Years of service 128 Hours per year
11 – 16 Years of service 136 Hours per year
17 + Years of service One additional day (8 hours) per year, up to a maximum of 176 hours per year
Upland City Employees Association (UCEA) 7/1/201722-
6/30/20223
24 All employees may accrue vacation up to a maximum of three (3) years of entitlement.
ARTICLE 357 - VACATION BUYBACK
Effective July 1, 2019, in December of every year, General eEmployees may be paid in cash for up to sixty (60) hours of unused vacation if they have used at least forty (40) hours of vacation during the preceding year.
Any employee who elects to convert accrued vacation leave to compensation as provided for herein shall be in compliance with the Department of Treasury, Internal Revenue Service (IRS) Section 4.451-1(a), must comply with the following:
• Any vacation leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 1 st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation.
o For example: Employee requests to buy back twenty (20) hours of vacation leave the request must be in Human Resources by December 1, 2022 to be paid on the first pay date in December 2023.
• All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and re ceived in writing by Human Resources not later than December 1st of the calendar year prior to the conversion. • Employees who do not meet the requirement of using forty (40) hours of vacation leave between January 1 st and November 30th of the prior calendar year will not be eligible for vacation buyback.
• Employees who fail to submit a request by December 1 st of the calendar year prior to the conversion will not be eligible for vacation leave converted to cash for tha t calendar year.
• Payments for accrued vacation leave conversion to cash shall be made by separate check by either the first pay date in June or the first pay date in December.
ARTICLE 368- BEREAVEMENT LEAVE
Employees may take up to 30 hours per occurrence with pay in the event of a death of the following: mother, father, grandfather, grandmother, brother, sister, spouse, child, grandchild, and employee's spouse's father, mother, grandfather, grandmother, brother, sister and any relative who has resided with the employee for at least one year. Adoptive relatives and step relatives shall count the same as relatives by birth. Notification of need for such leave and/or request to use five (5) consecutive sick leave days must comply with the City's Administrative Policcy on Sick Leave.
Upland City Employees Association (UCEA) 7/1/201722-
6/30/20223
25 ARTICLE 379 - FMLA AND CFRA
Eligible employees who request a Family Medical Leave of Absence under the Federal Family Leave Act (FMLA) and/or the California Family Rights Act (CFRA) shall be granted in accordance with State and Federal law. The employee rights and obligations are specifically set forth in the Department of Labor regulations implementing the "FMLA" and the regulations of "CFRA."
ARTICLE 3840 - HOURS OF WORK
The work week shall normally consist of 40 hours within a period of seven (7) consecutive calendar days. All bargaining unit employees shall be scheduled to work at designated starting times and ending at designated quitting times. Employees shall be notified at least ten (10) working days in advance of the implementation of any changes in their schedule. This provision applies to regular permanent work scheduling and does not apply to situations identified below.
It is understood that unusual conditions may create emergencies, as described in ARTICLE 3 - DEFINITIONS, requiring immediate changes in work schedules. The City shall provide notice to affected employees of such work schedule changes as soon as possible prior to implementation. Whenever possible, said notice shall be twenty-four (24) hours or more prior to implementation. Regular work schedules shall not be changed on the day of said change in work schedule for the purpose of avoiding payment of overtime. During emergency overtime situations which extend over a period of four (4) hours, the City will make a reasonable effort to allow time for meals.
ARTICLE 3941 - GRIEVANCE PROCEDURE
A. Definition - A claim by an employee that the City has violated, misinterpreted, or misapplied a responsibility to the employee as provided for in the Memorandum of Understanding, Merit System Rules and Regulations, or other laws, ordinances, and resolutions concerning or affecting wages, hours, or other terms and conditions of employment.
The grievance procedure may not be used for matters involving:
1) Compensation plans (The City will notify the UCEA when changes are being considered).
2) Classification plans (The City will notify the UCEA when changes are being considered).
3) Disciplinary action not including written warnings and reprimands.
Upland City Employees Association (UCEA) 7/1/201722-
6/30/20223
26 4) Performance appraisal (Employees receiving an overall rating below "Meets Expectation" may request to meet with the Human Resources Manager, department head, and their employee representative to discuss the appraisal and seek an appropriate remedy).
5) Recruitment activities.
6) Any other matters which are prohibited in the Merit System Rules and Regulations and are more appropriately resolved through the meet and confer process.
7) Reserved management rights of the City.
8) Interpretation of the intent of a MOU provision which would be resolved through the meet and confer process.
B. General Provisions
1) No retribution or prejudice shall be suffered by employees making use of the grievance procedures.
2) Grievances may only be initiated by the employee concerned and may not be pursued without the affected employee's consent.
3) If a grievance involves a group of employees or if a number of employees file separate grievances on the same exact matter, the grievances may be handled as a single grievance at the City's discretion.
4) Failure at any step of this procedure to appeal a decision on the grievance within the specified time limit and in the manner outlined below shall be deemed to have terminated the grievance process.
5) Failure at any step of this procedure to provide a response to a grievance within the specified time limit shall be deemed a denial and may be appealed as provided herein.
6) The time limits specified at any step in this procedure may be extended by mutual written agreement.
7) As used in this procedure, the term immediate supervisor shall mean the lowest level of supervisor.
8) Once a grievance has been processed and finally denied, repeated filing of grievances on the same exact issue will not be permitted.
Upland City Employees Association (UCEA) 7/1/201722-
6/30/20223
27 9) The grievant may designate a representative at any step in the grievance procedure. No person hearing a grievance is required to recognize more than one (1) representative for any grievance.
10) An employee may choose to represent himself/herself or may be represented by someone other than a UCEA representative when utilizing the grievance procedure. In such event, the UCEA shall be notified in writing that the individual has elected not to be represented by the UCEA in seeking resolution of a grievable matter. The City shall, in writing, notify the UCEA of the nature of the grievance, the decision and remedy sought, provided, however, the names of employee witnesses shall not be disclosed.
B. Grievance Procedure
1) Informal Step - Grievances shall be resolved informally to the extent possible. The employee and representative, if any, shall discuss the grievance with the immediate supervisor no later than ten (10) working days after the employee knew or reasonably should have known of the event giving rise to the potential grievance. In this discussion, the employee should, in good faith, try to express the problem clearly and suggest a solution(s). Within ten (10) working days of the informal meeting, the supervisor shall provide a verbal response to the employee.
A summary of the complaint and the proposed resolution should be forwarded to the Human Resources Department for their information.
1)2) Step 1- If the supervisor does not respond within the time limits, or the grievance has not been resolved, the employee may appeal to the department head by submitting a written grievance. Such written grievance must be made within ten
(10) working days of notification to the employee that the grievance is denied or a resolution has not been reached at the informal step.
a. The department head shall meet with the grievant and representative, if any, within ten (10) working days of receipt of the written grievance and shall deliver an answer, in writing, to the grievant within ten (10) working days after the meeting.
2)3) Step 2 - If the grievance is not resolved, the grievant may file a written appeal to the Human Resources Manager within ten (10) working days from date of delivery of the written response provided in Step 1 of the procedure.
a. The Human Resources Manager shall meet with the grievant and representative, if any, within ten (10) working days of receipt of the written appeal and shall deliver an answer, in writing, to the grievant
Upland City Employees Association (UCEA) 7/1/201722-
6/30/20223
28 within ten (10) working days after the meeting.
Upland City Employees Association (UCEA) 7/1/201722-
6/30/20223
29 3)4) Step 3 - If the grievance is not resolved, the grievant must file a written appeal to the City Manager within ten (10) working days from date of delivery of the written response provided in Step 2 of the procedure.
a. The City Manager shall meet with the grievant and representative, if any, within ten (10) working days of receipt of the written appeal and shall delivery an answer, in writing, to the grievant within ten (10) working days after the meeting.
5) Step 4 - If the grievance is not resolved, the grievant shall have the right to appeal to the Board of Review. The request for hearing shall be filed with the Human Resources Department within ten (10) working days from date of delivery of the
written response provided in Step 3 of the procedure. It shall b e the duty of the Human Resources Manager to inform each of the Board members and the City Manager or other persons complained against of the filing of the appeal.
ARTICLE 402 - DISCIPLINARY PROCEDURE
The following procedure shall be used for disciplinary actions involving regular employees which involve suspension, demotions for cause, discharge or reductions in pay:
A. The employee shall receive notice of the proposed action in advance. A notice of seven (7) days for a 1 -3 three day suspension and seven (7) days for all other disciplinary actions will be considered the minimum notice.
B. The notice will contain a statement as to the basis for the proposed action.
C. The notice will contain a statement of the events and/or circumstances upon which the proposed action is based.
D. The employee shall be provided copies of documents and materials upon which the action is based.
E. The employee shall have the right to respond to the proposed action to their department head and upon decision of the Department Head to the City Manager provided said appeal is made within ten (10) calendar days of the decision of the Department Head. The decision of the City Manager shall be final in suspensions involving two or fewer work days for that employee, or its financial equivalent.
F. The employee will be advised of their right to UCEA representation during their response pursuant to section E above.
Upland City Employees Association (UCEA) 7/1/201722-
6/30/20223
30 G. The above procedure may be deviated from in circumstances where there is a need for immediate disciplinary action. If such action is taken, the employee shall be put on
Upland City Employees Association
({UCEA)
7/1/201722-
6/30/20223
31 administrative leave with pay and remain on such leave until ordered back to work or until the opportunity for response called for above.
ARTICLE 413- LAYOFF PROCEDURES
A. Statement of Intent - Public interest may require the elimination, curtailment, or reorganization of Public Service activities which in turn, may require the City Council to take action to layoff one or more employees.
1). Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of employment, the employee holding such position of employment may be laid off or demoted pursuant to the provisions of this agreement.
B. Definitions
1). Layoff - A layoff is the involuntary separation or reduction of a regular employee to a position in a lower classification without fault of the employee.
2). Causes for Layoff
a. If a function is to be discontinued, curtailed, mechanized or operated by a different method.
b. Reorganization.
c. Budget reduction.
c.d. Termination or decrease in funds and or materials for projects or programs.
d.e.The mandatory reinstatement of an employee.
3). Classification -All positions in the classified services shall be part of a classification plan established and maintained by the Human Resources Department. It shall provide grouping of positions by commonality of duties responsibilities and function.
4). Job Series -A group of classifications similar with respect to the duties performed but different in terms of the nature and level of responsibilities performed. Within each job series, it is possible to categorize classification by class level i.e. I, II, or Ill.
5). Seniority- Seniority for the purpose of determining order of layoff shall be defined as total accumulated continuous time served in regular and probationary status in the City classified service. Should it become necessary to layoff by seniority, those
Upland City Employees Association
{(UCEA)}
7/1/201722-
6/30/20223
32 employees with least service in the affected classification shall be laid off or demoted:
a. First by classification; and
b. Second, to displace an employee, by Total City service, including time served on military leave of absence in the armed forces of the United States. In order to bump into a former or lower class:
1. An employee must have more Total City service than at least one of the incumbents in the affected class and request displacement action in writing to the Human Resources Manager within five (5) working days of receipt of notice of layoff.
1.2. Employees bumping to a lower class shall be placed at the salary step representing the least loss of pay. In no case, shall the salary be increased above that received in the class from which the employee was laid off.
When two or more employees have equal seniority, the layoff shall be made at the sole discretion of the appointing authority.
C. Notification - Employees to be laid off shall be given, whenever possible, 45 calendar days prior notice, but no less than 30 calendar days 1 notice. The UCEA shall be provided with a copy of the affected classifications and seniority list by classification of all affected employees within bargaining unit at least 30 days prior to its effective date.
D. Order of Layoff - In each classification, employees shall be laid off according to employment status in the following order:
1) Seasonal/temporary part-time, contract, and or provisional employees performing services similar to classifications affected by layoff shall be terminated before any reduction in the regular work force. Likewise, other grant- funded employees shall be terminated in affected classifications, in accordance with federal or state rules or guidelines governing such funding programs.
2) Probationary employees and employees holding an interim position, who have regular status in another classification, shall revert to their former classification in the City to determine layoff rights.
3) Regular employees subject to layoff shall be based on seniority of service within that classification. For example, the employee being laid off or displaced from a
Upland City Employees Association
{(UCEA)}
7/1/201722-
6/30/20223
33 classification shall be the employee in the affected classification with the least amount of time served in the affected classification.
Upland City Employees Association
{(UCEA)}
7/1/201722-
6/30/20223
34 The order of layoff within a classification subject to a layoff shall be based on seniority of service within that classification. The employee being laid off or displaced from a classification shall be the employee in the affected classification with the least amount of City service.
E. Layoff Procedures -The layoff procedure is intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the process of layoff. The procedure for lay off, once the number of positions to remain by classification has been determined, shall be as follows:
1) Except as otherwise provided herein, whenever there is a reduction in the work force, the appointing authority shall demote the affected employee to a vacancy, if any in the lower class for which the employee is qualified. All persons so demoted shall have their names placed on the reemployment list for the higher class.
2) An employee affected by layoff shall have the right to displace an employee who has less seniority in a lower classification in which the affected employee once had regular status. For the purpose of this section:
a. Seniority shall be time served in a classification as defined in Section (II) herein except;
b. When an employee has been displaced from a classification, the seniority for that displaced employee shall then include, for further layoff purposes, Total City seniority as in Section II (E) herein, to include all time
served in the classified service in related classifications affected by the layoff. For the purpose of this section, seniority shall be all periods of full- time service at or above the classification level where the layoff is to occur.
1. If a classification title is changed due to a reclassification, the employee shall retain bumping rights to the previous classification and series.
2. An employee is eligible to bump to a lower classification within job series in which he/she has achieved regular status. For example:
Employee "A" is hired in as a Lead Maintenance Worker and achieves regular status; however, never worked as a n Maintenance Worker II.
Employee "A" may bump employee "B" in the lower classification of Maintenance Worker II, if Employee "A" has more Total City seniority.
3. Displaced employees are allowed to bump into a lower classification within the job series that they have not previously held, provided that
Upland City Employees Association
{(UCEA)
7 /1/201722-
6/30/20223
35 4.3. the position did not exist when the employee was appointed to the position from which they are laid off and the employee meets the minimum qualifications.
5.4. Employees transferring or voluntarily demoting shall retain the same anniversary date as in their previous position for all purposes, including step advancement.
F. Reemployment Lists - The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used by the appointing authority when a vacancy arises in the same or lower class of position before employment is made from an eligible list.
G. Duration of Reemployment List - Names of persons laid off shall be carried on a reemployment list for twelve months, except that the name of an individual reappointed to a regular position of the same class shall, upon reappointment, be dropped from the list. An individual who declines either a voluntary demotion or reemployment in a classification shall be dropped from that specific reemployment list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher class for the balance of the twelve month period.
An individual that may be appointed from a reemployment list will be required to successfully pass a reemployment physical examination provided at City expense.
H. Terms and Conditions of Reemployment - Reemployment from a reemployment list to a previously held class shall be at the same step held at the time of layoff and at the current salary of that class at the time of reemployment.
In case of a voluntary demotion from a reemployment list, the employee so electing shall be paid at the highest step in the range for the lower class which does not represent an increase in salary from the salary which would have been effective had the employee been appointed to his/her previously held class; and in no case to exceed "top" step in the current salary range of the class to which the employee is appointed.
Employees reappointed from a reemployment list shall be credited with, at the time of reappointment, all accrued benefits at the time of layoff which was not compensated for at the time of layoff, provided that such accrued benefits shall not exceed established maximum at the time of reappointment.
Upland City Employees Association
({UCEA}
7/1/201722 -
6/30/20223
36 I. Retraining- The City will make reasonable efforts to provide retraining opportunities to laid-off employees that will qualify them in classifications not related to their former classification, and will attempt to place said laid -off employees in vacant positions in the City for which they are qualified.
During the twelve months following a layoff, laid-off employees shall be eligible to compete for in-house promotional examinations for positions for which they qualify.
ARTICLE 424 - BULLETIN BOARDS
The City agrees to the following facilities and areas for the UCEA to affix bulletin boards of up to three (3) feet by four (4) feet in size:
City Hall lunch room
Public Works lunch room
Fleet Maintenance
Fire Department
Police Department first floor lunch room
Recreation Department
Animal Shelter (3' x 4' space to be provided on existing bulletin board)
No additional UCEA bulletin boards shall be affixed to City property without the approval of the Human Resources/Risk Manager. UCEA material may be posted on these designated bulletin boards only.
The UCEA boards shall be used for posting UCEA business only. All postings for bulletin boards must contain the date of posting and the UCEA's identification. All costs associated with preparing and posting of UCEA material as well as the cost of the bulletin boards will be borne by the UCEA.
The UCEA will not post information which is defamatory, derogatory, or obscene.
ARTICLE 435 - - ASSOCIATION DUES DEDUCTION AND REPRESENTATION
A. The City shall deduct UCEA dues from UCEA members, if employee elects to participate in UCEA. UCEA shall notify the City of any changes in its membership.
Membership dues will be deducted biweekly from the members' paychecks ..
B. Dues Deduction - During the term of this agreement the City agrees to deduct from the pay of each UCEA member who elects to participate, a monthly sum certified to the City by the UCEA as the regular monthly dues.
Upland City Employees Association
({UCEA}
7/1/201722 -
6/30/20223
37 Dues withheld by the City shall be transmitted to the officer designated by the UCEA in writing, at the address specified in the letter of authorization.
Upland City Employees Association
({UCEA)
7 /1/201722-
6/30/20223
38 The UCEA shall indemnify the City of Upland from all claims made by bargaining unit members as a result of implementing and maintaining Association Dues Deductions.
In addition, the UCEA shall refund to the City of Upland any amounts paid in error, upon presentation of supporting evidence.
C. UCEA Officers and Representatives - Four (4) Officers and three (3) Representatives and/or their designees will be utilized by the UCEA to conduct UCEA-related business.
It is understood that the alternates will only be utilized if one of the four stewards is unavailable for a period of five (5) working days or more.
New stewards will be allowed to accompany UCEA representatives for on the job training which will consist of two (2) grievances. One Steward will be allowed to assist in the handling of grievances or other related UCEA business when requested and with the approval of his/her immediate supervisor.
Activities specifically authorized by this MOU (including the Grievance Procedure, meet and confer sessions and other representational activities mandated by law) can be conducted during working hours within reasonable time limits, at no loss of time or pay to the stewards and officers. The UCEA representative must secure permission from the respective department head prior to contacting any employee on City time.
No other UCEA activities will be conducted on City time.
UCEA activities may be conducted on City property, outside the work area and the reporting area, if specific areas and times are formally approved in writing by the respective department head and the Human Resources Manager in advance. Such approvals/denials shall be granted within a reasonable t ime.
ARTICLE 446- PREVAILING BENEFITS
Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.
ARTICLE 457 - SAVINGS CLAUSE
Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and UCEA shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful. Such equivalent benefit will be implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.
Upland City Employees Association
({UCEA)
7 /1/201722-
6/30/20223
39 ARTICLE 468- QUARTERLY PERSONNEL REPORT
The City agrees to provide on a quarterly basis, personnel reports to the UCEA which shall include names, classifications, and all personnel actions (new hires, terminations, transfers, promotions) within the Unit. Home and mailing address if different, and all address changes of UCEA members will be provided. Also, a system will be jointly developed by the City and UCEA for the disclosure of employee addresses.
ARTICLE 479 - TERM OF AGREEMENT
Except where expressly stated otherwise herein, the City and UCEA agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 201722, and shall expire on June 30, 20223.
ARTICLE 4850 - ZIPPER CLAUSE
During the term of this Agreement, the parties agree that negotiations cannot commence on any subject unless the parties mutually agree.
ARTICLE 4951- PREVENTATIVE HEALTH
Effective, July 1, 2019, eEmployees in the unit may be reimbursed up to two hundred dollars ($1200) annually for the purchase of items, classes, memberships, or programs which contribute to physical fitness. This reimbursement shall be made in June of each year. Items which will be considered acceptable for reimbursement are defined in the City's policy on Preventive Health Benefits.
Upland City Employees Association
{(UCEA)
7/1/201722 -
6/30/20223
40 CITY OF UPLAND
______________________________________
Michael Blay, City Manager
__________________
Date
______________________________________
Stephen Parker, Assistant City Manager
__________________
Date
_______________________________________
Theresa Doyle, Human Resources/Risk Manager
__________________
Date
UPLAND CITY EMPLOYEES ASSOCIATION
______________________________________
Rick LeBlanc, UCEA President
__________________
Date
______________________________________
Lisa Turnbow, UCEA Vice President
__________________
Date
______________________________________
Wauniece Davis, UCEA Secretary
__________________
Date
______________________________________
Sue Gutierrez, UCEA Treasurer
__________________
Date
Upland City Employees Association
{(UCEA)
7/1/201722 -
6/30/20223
41 APPENDIX A
Grade Classification Title
35 ACCOUNTING TECHNICIAN
26 ADMINISTRATIVE ASSISTANT
32 ANIMAL SERVICES OFFICER
39 BUILDING INSPECTOR I
41 BUILDING INSPECTOR II
38 CODE ENFORCEMENT OFFICER
38 CRIME ANALYST TRAINEE
45 CROSS CONNECTION CONTROL TECHNICIAN
22 CUSTODIAN
25 CUSTOMER SERVICE SPECIALIST I
29 CUSTOMER SERVICE SPECIALIST II
35 DEPUTY CITY CLERK
30 DEVELOPMENT SERVICES TECHNICIAN
30 ENGINEERING TECHNICIAN
34 ENVIRONMENTAL CONTROL TECH II
34 EQUIPMENT MECHANIC
40 FACILITIES COORDINATOR
36 FACILITIES SPECIALIST
38 FORENSIC SPECIALIST
39 GIS/CAD TECHNICIAN
41 HOMELESS SERVICES COORDINATOR
39 INFORMATION TEHCNOLOGY TECHNICIAN
26 INVENTORY SPECIALIST/EQUIPMENT
37 LEAD POLICE DISPATCHER
28 MAINTENANCE WORKER
39 PAYROLL TECHNICIAN
47 PLANS EXAMINER
31 POLICE DISPATCHER I (TRAINEE)
35 POLICE DISPATCHER II
21 POLICE RECORDS SPECIALIST I (TRAINEE)
25 POLICE RECORDS SPECIALIST II
27 POLICE SERVICE TECHNICIAN
25 PROPERTY & EVIDENCE CLERK
36 RECREATION COORDINATOR
46 SENIOR ACCOUNTANT
40 SENIOR ACCOUNTING TECHNICIAN
45 SENIOR BUILDING INSPECTOR
33 SENIOR DEVELOPMENT SERVICES TECHNICIAN
38 SENIOR ENVIRONMENTAL CONTROL TECHNICIAN
38 SENIOR EQUIPMENT MECHANIC
34 SENIOR MAINTENANCE WORKER
45 SENIOR PUBLIC WORKS INSPECTOR
34 SENIOR WATER METER TECHNICIAN
Upland City Employees Association
{(UCEA)
7/1/201722 -
6/30/20223
42 43 SENIOR WATER TREATMENT OPERATOR
33 SENIOR ADMINISTRATIVE ASSISTANT
40 SENIOR CUSTOMER SERVICE SPECIALIST
43 SENIOR UTILITY SYSTEMS WORKER (WATER)
43 SENIOR UTILITY SYSTEMS WORKER (SEWER)
28 TRAFFIC AIDE
38 UTILITY BILLING & BUSINESS LICENSE INSPECTOR
34 UTILITY SYSTEM WORKER (WATER)
34 UTILITY SYSTEM WORKER (SEWER)
29 UTILITY SYSTEM WORKER (WATER-TRAINEE)
29 UTILITY SYSTEM WORKER (SEWER-TRAINEE)
30 WATER METER TECHNICIAN
37 WATER TREATMENT OPERATOR
Upland City Employees Association
{(UCEA)
7/1/201722 -
6/30/20223
43 APPENDIX B
Upland City Employees Association
{(UCEA)
7/1/201722 -
6/30/20223
44 APPENDIX B – Cont’d:
Upland City Employees Association
{(UCEA)
7/1/201722 -
6/30/20223
45 APPENDIX B – Cont’d:
MEMORANDUM OF UNDERSTANDING (M.O.U.) BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND CITY EMPLOYEES ASSOCIATION
July 1, 2022 to June 30, 2023
TABLE OF CONTENTS
ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING .......................................... 1 ARTICLE 2- RECOGNITION ......................................................................................................... 1 ARTICLE 3 - DEFINITIONS .......................................................................................................... 1 ARTICLE 4 - MANAGEMENT RIGHTS ......................................................................................... 2 ARTICLE 5 - EMPLOYEE RIGHTS ............................................................................................... 3 ARTICLE 6 - EMPLOYMENT STATUS ......................................................................................... 3 ARTICLE 7 - SALARY ................................................................................................................... 4 ARTICLE 8 – SHIFT DIFERENTIAL ..................................................................................................... 4 ARTICLE 9 - PERSONNEL FILES ................................................................................................ 4 ARTICLE 10 - RETIREMENT BENEFITS ..................................................................................... 5 ARTICLE 11 - HEALTH INSURANCE - CAFETERIA PLAN ......................................................... 6 ARTICLE 12 - HEALTH INSURANCE WHILE ON WORKERS' COMP ....................................... 7 ARTICLE 13 -RETIREE HEALTH INSURANCE REIMBURSEMENT .......................................... 7 ARTICLE 14 - RETIREE HEALTH SAVINGS ACCOUNTS .......................................................... 8 ARTICLE 15 -LIFE INSURANCE .................................................................................................. 8 ARTICLE 16 -LONG TERM DISABILITY INSURANCE ................................................................ 8 ARTICLE 17- DEFERRED COMPENSATION ............................................................................... 9 ARTICLE 18- BILINGUAL PAY ...................................................................................................... 9 ARTICLE 19 - CALL BACK PAY ................................................................................................... 9 ARTICLE 20 - COMMERCIAL DRIVER'S LICENSE PHYSICAL EXAM ...................................... 9 ARTICLE 21 - EDUCATION INCENTIVE ...................................................................................... 10 ARTICLE 22- TUITION REIMBURSMENT ................................................................................... 10 ARTICLE 23 - HIGHER CLASSIFICATION WORK AND SPECIAL DUTY .................................. 10 ARTICLE 24 - LONGEVITY PAY ................................................................................................... 11 ARTICLE 25- MATRON PAY ......................................................................................................... 11 ARTICLE 26 - MERITORIOUS PAY ............................................................................................. 11 ARTICLE 27 -OVERTIME PAY/COMPENSATORY TIME OFF ................................................... 12
ARTICLE 28 - STANDBY .............................................................................................................. 13 ARTICLE 29- UNIFORMS ............................................................................................................. 14 ARTICLE 30- WATER CERTIFICATION TRAINING .................................................................... 14 ARTICLE 31 - WORK BOOTS ...................................................................................................... 15 ARTICLE 32 - HOLIDAYS ............................................................................................................. 16 ARTICLE 33- FLOATING HOLIDAYS ........................................................................................... 17 ARTICLE 34- SICK LEAVE ........................................................................................................... 17 ARTICLE 35- SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT .................................. 17 ARTICLE 36-VACATION ............................................................................................................... 17 ARTICLE 37-VACATION BUYBACK ............................................................................................ 18 ARTICLE 38- BEREAVEMENT LEAVE ........................................................................................ 18 ARTICLE 39 - FMLA AND CFRA .................................................................................................. 18 ARTICLE 40 - HOURS OF WORK ................................................................................................ 19 ARTICLE 41-GRIEVANCE PROCEDURE .................................................................................... 19 ARTICLE 42 - DISCIPLINARY PROCEDURE .............................................................................. 22 ARTICLE 43- LAYOFF PROCEDURES ........................................................................................ 22 ARTICLE 44 - BULLETIN BOARDS .............................................................................................. 26 ARTICLE 45 – ASSOCIATION DUES DEDUCTION & REPRESENTATION ............................... 27 ARTICLE 46- PREVAILING BENEFITS ......................................................................................... 28 ARTICLE 47 - SAVINGS CLAUSE ................................................................................................ 28 ARTICLE 48-QUARTERLY PERSONNEL REPORT .................................................................... 28 ARTICLE 49 -TERM OF AGREEMENT ........................................................................................ 28 ARTICLE 50-ZIPPER CLAUSE ..................................................................................................... 28 ARTICLE 51 PREVENTATIVE HEALTH ....................................................................................... 28
Upland City Employees Association (UCEA) 7/1/22 to 6/30/23 1 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF UPLAND
AND
THE UPLAND CITY EMPLOYEES ASSSOCIATION (UCEA)
JULY 1, 2022-JUNE 30, 2023
ARTICLE 1- PARTIES TO MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter known as MOU) is made and entered into by and between the City of Upland (hereinafter referred to as City) and the Upland City Employees Association (hereinafter referred to "UCEA").
ARTICLE 2 - RECOGNITION
The City hereby formally recognizes the UCEA as the representative for those employees in the General Employees Unit.
Recognition is granted for the purpose of meeting and conferring on wages, hours, terms and conditions of employment and general representation of employees in this unit.
This Memorandum of Understanding shall contain all of the covenants, stipulations, and provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment, not covered in this Memorandum of Understanding, are covered by existing ordinances, resolutions, policies and practices of the City, as well as the Merit System Rules and Regulations presently in effect.
ARTICLE 3 - DEFINITIONS
A. Bargaining Unit-The term "bargaining unit" as used in this MOU refers to the General Employees Unit.
B. Calendar Year-The term "calendar year" as used in this MOU refers to the period of twelve (12) consecutive months commencing on January 1 and ending on December
31. C. Day - The term "day" as used in this MOU refers to a calendar day, unless specified otherwise.
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 2 D. Emergency - The term "emergency" as used in this MOU means a circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.
E. Seniority- For the purpose of this MOU, "seniority" shall be determined by length of continuous service within the City. The determination of seniority shall not be affected by sick leave, vacation or other authorized leaves of absences.
F. Seniority Within Classification - For the purpose of this MOU, "seniority within classification" will be considered for purposes of scheduling vacations, shift assignments, transfers, overtime and whenever specifically designated within the existing provisions. Such seniority will prevail when all other factors are not significantly different. "All other factors" is defined as qualifications, skills, reliability and safety. It is not the intent of this provision to permit the bumping of less senior employees by more senior employees after an initial schedule is established.
G. Working Day - The term "working day" mean the usual and customary length of an employees work schedule on a given day.
ARTICLE 4 - MANAGEMENT RIGHTS
The rights of the CITY include, but are not limited to the exclusive right to:
A. Determine the mission of its constituent departments, commissions and boards; B. Set standards of service;
C. Determine the procedure and standards for employment and promotion; D. Direct its employees;
E. Relieve its employees from duty because of lack of work or for other lawful reasons; F. Maintain efficiency of government operations;
G. Determine the methods, means and personnel by which government operations are to be conducted;
H. Determine the content of job classifications;
I. Take all necessary actions to carry out its mission in emergencies; J. Exercise complete control and discretion over its organization and the technology of performing its work;
K. To discharge, suspend, demote, reprimand, withhold salary increases or otherwise discipline employees for cause; and
L. To establish employee performance standards, including, but not limited to, quality and quantity standards and to require compliance.
Upland City Employees Association (UCEA) 7 /1/2022- 6/30/2023 3 There are no provisions in this MOU that shall be deemed to limit or curtail the City in exercising its rights, unless and only to the extent that the provisions of this MOU specifically curtail or limit such rights.
Where required by law, the City agrees, prior to implementation, to meet and confer with the UCEA concerning the exercise of a City right upon wages, hours and terms and conditions of employment.
The City reserves the right to contract out any work it deems necessary in the interest of efficiency, economy, improved work product, or emergency. Except where an emergency situation exists, at least 60 days before the City contracts out work in a general area, where such contracting out would result in the layoff of existing employees, the City will notify the UCEA and offer the UCEA an opportunity to meet and discuss the matter before the date any existing bargaining unit employee is laid off. Matters which may be discussed include the necessity for subcontracting, costs, alternatives, placement of affected employees with the contractor or elsewhere within the City.
ARTICLE 5 - EMPLOYEE RIGHTS
The City shall afford regular employees the procedural safeguards as required by law and this MOU.
An employee shall have to the right to UCEA representation at any meeting with management when the employee reasonably anticipates that such meeting is for the purpose of disciplining the employee or is to obtain facts to support disciplinary action that is probable.
Any written rule which falls within the scope of Meyers -Milias-Brown Act (MMBA), established and promulgated by the City shall be posted in the affected department ten (10) work days prior to the effective date with a copy sent to the UCEA Representative.
ARTICLE 6 -EMPLOYMENT STATUS
A. Probationary Period - All original appointments shall be tentative and with a probationary period of not less than one (1) year. All promotional appointments for general employees are tentative and have a probationary period of not less than six (6) months, with the exception of a promotion to a position in a different classification series, and then such probationary period will be one (1) year.
B. Promotions/Appointments - The City will strive to fill vacant or new positions on a promotional basis with employees currently employed by the City of Upland.
Upland City Employees Association (UCEA) 7 /1/2022- 6/30/2023 4 ARTICLE 7 - SALARY
Effective the first full pay period following MOU ratification by UCEA and approval by the City Council, the City shall issue:
A. Employees in this unit shall receive a four and one half percent (4.5%) COLA increase in base salary.
The City will issue a one-time payment for Essential Worker Premium Pay of up to forty - five hundred dollars ($4,500) to each employee who was physically reported to work and has been actively employed by the City during the time period of April 1, 2020 , through March 31, 2021, and remains currently employed as of the scheduled payment date.
The payment will be made in a separate check issued on the week following the first pay date in FY 2022/2023. The parties agree that the one -time distribution shall not be credible for CalPERS retirement.
These payments will be pro-rated based on the number of months employees have been employed with the City during April 1, 2020, through March 31, 2021. An employee who was hired after the 15th of the month will not receive credit for working that month for purposes of calculating the pro -rated lump sum payment. For example: An employee hired on May 16, 2020, will receive a payment of $3,750 (10 months times $375).
Employees who have been on an unpaid leave of absence du ring this time will also have their lump sum payment pro-rated based on the period of unpaid leave of absence.
ARTICLE 8 – SHIFT DIFFERENTIAL
Employees in the classifications of Lead Police Dispatcher, Police Dispatcher I and Police Dispatcher II will receive a $2.00 per hour differential for the hours worked between 6:00 p.m. through 6:00 a.m.
ARTICLE 9 - PERSONNEL FILES
The City shall keep a central personnel file for each employee. Said central personnel file shall be maintained in the Human Resources Department. Supervisors may keep working files, but material not maintained in the central personnel file may not provide the basis for disciplinary actions of termination, demotion, reduction in pay or suspension or be used in evaluating an employee's fitness for promotion. Information in the supervisor's working file may however, be used in performance evaluations provided that the i nformation is not more than 18 months old or older than the last performance evaluation.
Upon 24 hours notice to Human Resources, an employee may inspect his/her central personnel file subject to the following:
A. Inspection may occur during working hours at the time and in a manner mutually
Upland City Employees Association (UCEA) 7 /1/2022- 6/30/2023 5 acceptable to the employee and the employee's supervisor.
B. Pre-employment information such as reference checks and responses, interview rating sheets, test results or information provided the City with the specific request that it remain confidential shall not be subject to inspection or copying.
ARTICLE 10 - RETIREMENT BENEFITS
Pension Reform Act of 2013:
The parties agree that the provisions of AB 340 (The California Pension Reform Act of 2013) went into effect on January 1, 2013. In addition, if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law automatically goes into effect, it shall do so. Either party may request to negotiate over the impact of such subsequent legislation.
A. PEPRA Members:
Pursuant to the Act, for "new members" herein referred to as PEPRA (Public Employees' Pension Reform Act) members (as defined by the Act) who are employees hired after January 1, 2013, they will be hired pursuant to the 2% @ 62 retirement formula.
For PEPRA members (as defined by the Act) who are employees hired after January 1, 2013, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement.
For PEPRA members (as defined by the Act) hired after January 1, 2013, the employee shall pay the one half of the total normal cost rate as defined by the Act as their employee retirement contribution.
B. Classic Employees - two groups
1) Classic Employees hired on or before December 31, 2019, in the General Employees unit are provided with membership in the California Public Employees Retirement System (CalPERS), 2.5% @ 55 retirement formula. The employee will pay the eight percent (8%) CalPERS employee/member contribution. Classic Employees hired after January 1, 2020 shall cost share with the City by contri buting 1.4% of CalPERS employer contribution in addition to the 8% employee/member contribution
The City contracts with CalPERS for the Single Highest Year Option and the 1959 Survivor Benefit, 3 rd level. There is an employee cost of $2.00 per month for the 1959 Survivor Benefit.
Upland City Employees Association (UCEA) 7 /1/2022- 6/30/2023 6 The agreement between the City and CalPERS allows for the buy -back of time served by the employee in the Military as defined under Government Code Section 21024.
ARTICLE 11- HEALTH INSURANCE-CAFETERIA PLAN
A. Cafeteria Plan
In accordance with "The City of Upland Cafeteria Plan", the City provides a 125 Flexible Benefit Plan ("the Plan"). The regular and intended effect of the Plan, under current law, is to enable employees to receive benefits which may not be subject to either State or Federal income tax.
The details of Plan eligibility and operational requirements are set forth in the Plan documents. Once enrolled in a cafeteria distribution plan, employees will only be permitted to modify the plan on the same basis as changes are permitted in health insurance plans, that is, during open enrollment periods and when the employee's dependent status changes.
1) The City shall make a monthly contribution as set forth below to each eligible member of the unit to be used toward the Section 125 Cafeteria Plan. These funds shall only be used for qualified benefits as provided for in IRC Section 125.
2) All employees must enroll in one of the health program plans unless they submit to the City proof of comparable health coverage. The City may require additional proof of alternative coverage at any time.
3) Employees who fail to complete this requirement will be enrolled in the lowest cost health insurance plan the City offers.
4) Employees who meet the requirement shall be allowed to utilize their Section 125 Flexible Benefit Plan contributions for any of the other qualified benefits as provided for in IRC Section 125.
B. City Section 125 Benefit Contribution
The City will make available to each covered employee a monthly amount for benefits, as specified in this MOU.
1) Employees hired prior to March 1, 2016 will receive the maximum benefits contribution allocation:
a. Effective January 1, 2023 - $1,400
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 7 Employees hired on or after March 1, 2016, will receive the following contributions to the plan effective January 1, 2023 and thereafter:
Employee Only
The amount to cover the lowest cost
plans for health, dental and
Vision (Kaiser HSA excluded)
Employee plus one
The amount to cover the lowest cost
plans for health, dental and vision
(Kaiser HSA excluded)
Family
The maximum benefit of $1,400
The employee must pay the difference between the City's contribution and the actual premium of the plan selected, if any. The City reserves the right to change medical carriers. In the event of a change, the City agrees to meet and confer prior to any change.
Employees in the unit who elect a medical HSA may transfer unused Cafeteria Plan funds to the HSA (Health Savings Account) up to the maximum amount allowed by IRS guidelines.
Employees who waive medical coverage, dental coverage, and/or vision coverage may elect to put up to the maximum annual amount of five hundred dollars ($500) per Section 125 guidelines in their Flexible Spending Account (FSA).
Employees hired prior to March 1, 2016, may transfer unused Cafeteria Plan funds to the Deferred Compensation 457(b) plan.
ARTICLE 12- HEALTH INSURANCE WHILE ON WORKERS' COMP.
If an employee is injured on-the-job and is unable to return to work for more than 180 days, the City will pay health insurance premiums for the employee and his/her family for a maximum of twelve months or termination of employment, whichever comes first.
Employee is responsible for the first 180 days.
ARTICLE 13- RETIREE HEALTH INSURANCE REIMBURSEMENT
A. The City shall contribute monthly on behalf of each retiree the amount set forth in the table below. An additional $45 per month allowance is provided for spouse if the spouse is covered under the retiree's insurance.
B. FOR RETIREES IN OTHER THAN CALPERS MEDICAL: The City shall reimburse monthly each retiree the amount of his or her retiree medical premium, up to the amount set forth in the table below. An additional $45 per month allowance is provided for spouse if the spouse is covered under the retiree's insurance.
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 8 The provisions of this article above shall only apply to bargaining unit members hired on or before March 1, 2016. To be eligible for the retiree medical payments herein, an employee must retire from the City and purchase retiree medical insurance within 120 days from separation.
ARTICLE 14- RETIREE HEALTH SAVINGS ACCOUNTS
Retirement Health Savings (RHS) accounts will be established through ICMA which will be payable to the employee only upon service or disability retirement with the City of Upland.
City contributions to the RHS accounts will be based upon years of service in accordance with the following schedule:
Years of Service Monthly City
Contribution
Yearly City Contribution
5 to 9.99 $12.50 $150.00
10 to 14.99 $25.00 $300.00
15 to 19.99 $50.00 $600.00
20 to 24.99 $75.00 $900.00
25+ $100.00 $1,200.00
This will be in addition to the existing benefit for Retiree Medical Insurance Reimbursement.
ARTICLE 15 - LIFE INSURANCE
The City provides employees in this unit with group life insurance in an amount equal to one times (lx) their annual salary.
ARTICLE 16 - LONG TERM DISABILITY INSURANCE
The City assumes the full premium cost for the employee in the City designated long-term
YEARS OF SERVICE City’s Monthly Payment
-Retirees in PERS
Medical
RETIREE ONLY
City’s Monthly
Payment -Retirees
in PERS Medical
RETIREE PLUS
SPOUSE
City’s Monthly
Reimbursement-
Retirees in other
than PERS Medical
10-14 years of service PERS statutory minimum PERS statutory minimum
$72.57
15-19 years of service PERS statutory minimum $141.81 per month $96.81 20-24 years of service PERS statutory minimum $166.05 per month $121.05 25 + years of service $145.14 per month $190.14 per month $145.14
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 9 disability program. This benefit will pay 66 2/3% of base salary to a maximum of $5000 per month after 60 days (or use of all sick leave, whichever is later) to qualified members of this unit.
ARTICLE 17 - DEFERRED COMPENSATION
Effective September 1, 2019, the City will contribute $100 per month in deferred compensation on behalf of each employee in the unit. Employees may add additional contributions voluntarily.
ARTICLE 18- BILINGUAL PAV
A bilingual differential of $100 per month shall be paid to certified employees assigned to those designated positions which normally require fluency in writing, reading and/or translating a second language, providing such proficiency was not required as a condition of employment. The bilingual pay will be granted only as long as the position continues to be designated as requiring bilingual proficiency or as long as an employee occupies such a designated position.
In order to receive the bilingual pay for a designated position, the employee must be certified by testing. Such testing will be arranged for by Human Resources.
Certified employees will receive the bilingual differential effective the day following notification that they have successfully been certified as bilingual. Immediately upon notification, the employee must maintain a log for a one-month period demonstrating that bilingual skills are utilized a substantial portion of the time. The log should include the date, duration and type of bilingual skills utilized. This log should be signed by the employee and department head and forwarded to Human Resources.
If it is determined that the employee does not utilize bilingual skills a substantial portion of the time, the bilingual differential will cease immediately upon notification of such to the employee and the UCEA.
ARTICLE 19-CALL BACK PAY
Employees will be paid time and one half, for a minimum of two hours, if called out after regular hours and the employee has worked over 40 hours in a week. This pay applies if the employee is called back to work and the situation was not known in advance.
ARTICLE 20 - COMMERCIAL DRIVER'S LICENSE PHYSICAL EXAM
The City shall pay the costs for the physical and renewal of the Commercial Driver's license every two years (or as required) for qualified employees.
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 10 ARTICLE 21 - EDUCATION INCENTIVE
Employees hired after July 1, 1981, will receive a one-time payment of the percentage of total annual base salary for job-related degrees earned after initial hire at time the job related degree is awarded combined with years of service in accordance with the following schedule:
AA/AS with 2 years of service 5%
BA/BS with 2 years of service 7.5%
MA/MS with 2 years of service 10%
ARTICLE 22 – TUITION REIMBURSMENT
The City agrees to reimburse employees up to twenty-five hundred ($2,500) per employee, per fiscal year, as long as funds are available, for costs for tuition and textbooks incurred for job-related education. Such expenditure must enhance the furtherance o f the City’s work or continuing educations goals.
Eligibility for reimbursement is contingent upon an approved course or seminar, completed with, where applicable, a grade of “C” or better or “pass” when taken on a pass/fail basis.
Approval for reimbursem ent must be submitted first to the Department Head prior to the employee enrolling in the class or purchasing textbooks and related materials. Upon successful completion of the course(s), the employee must submit a request for reimbursement to Finance Divi sion for processing.
Time spent toward education, or area development shall not be considered as time worked and should not occur during regular work hours.
ARTICLE 23 - HIGHER CLASSIFICATION WORK AND SPECIAL ASSIGNMENT
In the event that a Department Head desires to assign an employee to a classification higher than regularly held by the employee, i.e. from Maintenance Worker II to Leadworker, said appointment shall be made in writing and approved by the appropriate Department Head.
The City will provide the employee move -up pay of five percent (5%) additional of the current classification or "A" step of the higher classification (whichever is higher) after working in the higher classification 15 working days in any calendar year.
Effective January 1, 2018, employees of the Police Department will receive Special Assignment Pay in the amount of five percent (5%) of base salary when assigned to Lead Dispatcher or Lead Code Enforcement classifications.
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 11 ARTICLE 24- LONGEVITY PAY
Employees in the unit who meet the requirements below will receive longevity pay in the following amounts:
• Ten (10) Years of Service: Three percent (3%) increase in base salary • Fifteen (15) Years of Service: Four percent (4%) increase in base salary • Twenty (20) Years of Service: Five percent (5%) increase in base salary
Service must be continuous, and employee must receive an overall “meets standards” on the most recent performance evaluation.
An employee who is denied this increase due to performance evaluation requirement, may follow the grievance procedures as described in this MOU.
The amounts are exclusive of each other and will not be considered buildable upon the last longevity amount.
ARTICLE 25- MATRON PAY
Female dispatchers shall be designated as Matrons, performing all duties normally associated and shall be paid a salary differential of 2.5%.
The City will provide Matron Pay in the amount of two and one half percent (2.5%) of base salary to female Police Service Technicians and female Forensic Specialists who are assigned to perform matron duties.
ARTICLE 26- MERITORIOUS PAY
It is recognized that certain employees will put forth ex traordinary efforts and produce outstanding results for the City. It is desired to reward these individuals. An incentive pay method has been established to encourage all employees to utilize fully their capabilities on behalf of the City. Employees recommended by their department heads and approved by the City Manager may be granted a five percent (5%) increase in salary for a period of three (3) months, six (6) months, or one (1) year. Department head recommendations will be submitted to the City Manager’s Office for review and approval.
Payment of meritorious pay will be made in a lump sum on the first regularly scheduled pay day after approval from the City Manager . Recommendations will contain supporting documentation justifying the reasons for the pay.
General employees who use less than 24 hours of sick time in the period from December through November of the current year and whose most recent performance evaluation indicates above average performance in all aspects of their work and have 1000 hours of accrued sick leave as of December 1st of any year will receive $200. Computations will be made and payment will be in the form of a lump sum payable on the first regular payday
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 12 in December of each year. Such payment will only be made to persons actually in the employ of the City on the date of payment.
ARTICLE 27- OVERTIME PAY /COMPENSATORY TIME OFF
This section is applicable to overtime scheduled in advance and/or short notice and to emergency overtime. It is understood that overtime assignments are made by classification within the department requiring the overtime.
Overtime will be divided equally between all qualified employees within the affected classification and among those desiring to d o the work. Qualified shall mean the supervisor's judgment as to equal ability to perform required tasks.
In order to assure equal distribution of overtime, an overtime list will be established by classification within the department according to departmental seniority. After completion of an overtime assignment the senior employee will move to the bottom of the list and not be offered overtime until each employee has been offered an overtime assignment In the event no employee is willing to accept an overtime assignment, it will be assigned by reverse order of seniority. In subsequent cases of unaccepted overtime, the next lowest employee in seniority will be given the assignment with the intent being to divide equally all unaccepted overtime among affected employees.
Overtime shall be paid for time worked in excess of the employee's designated work week at the rate of one and one -half (1 ½) times the basic rate. Paid vacation, floating holiday, and sick leave during a work period is counted as hours worked for overtime purposes.
Compensatory time does not count as hours worked for overtime purposes.
Employee experiencing a special circumstance may request overtime compensation in the form of compensatory time off to the department head for approval. Otherwise, employees will be paid for any hours in excess of the scheduled work week at the overtime rates described above. In the event of a conflict between the employee and the department head, the department head's decision shall prevail.
General employees may not accrue more than one hundred (100) hours of compensatory time; however, employees assigned to Police Dispatch er I, Police Dispatcher II, or Lead Dispatcher may accrue up to two hundred and forty (240) hours of compensatory time.
Employees who have reached the accrual cap will automatically receive overtime pay until a reduction in the bank of hours to an amount below the maximum accrual.
The parties agree that recurring work periods of greater than sixteen (16) hours should be avoided and not encouraged. Employees who are required to stay over from the regular workday or who are called back for an emergency and required to work extended hours, may be entitled to a rest period of up to eight (8) hours before returning for the next shift and will receive payment for the full day. Employees must consult with the supervisor to determine eligibility and for approval of the change to the schedule for the following shift.
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 13 ARTICLE 28 - STANDBY
Standby duty assignments shall be rotated among qualified employees pursuant to this section. "Qualified" shall mean the supervisor's judgment as to equal ability to perform required tasks in the most efficient manner.
Employees (excluding Police Dispatcher I, Police Dispatcher II, and Lead Police Dispatcher) on standby are required to respond to callouts in a reasonable period of time.
To assure a reasonable response time, employees on standby shall be required to carry a City furnished cell phone and respond to a call within 15 minutes. Employees who do not meet the necessary response time limits may request an exception when there are limited personnel to perform the necessary stand-by duties. Such requests will be considered on a case-by-case basis, but must have compelling justification to receive favorable consideration. Standby employees shall be entitled to the use of a City vehicle during standby periods for the use in commuting to and from their residence to the scene of the call-out.
From those employees deemed qualified, a list shall be established on an annual basis for standby for the following 12- month period by length of service with the City. Employees with the longest uninterrupted service with the City of Upland as a department employee shall be placed at the top of the list with those having lesser lengths of service listed in descending order.
Each employee on the standby list shall have the opportunity to select their proportionate share of standby duty for the following 12- month period in the order shown on the above list. Individuals may, with notification to and approval from the supervisor or Department Head, change standby assignments with the next qualified and available employee.
Individuals selected to serve standby duty shall do so for a period not to exceed one (1) calendar week.
Any employee who is called back to work who is on standby shall be paid at one and one- half (1 ½) times their normal hourly rate and shall be guaranteed a minimum of two (2) hours per call out except that if while responding to a first call, subsequent calls are received during the original call then no new minimum shall be given.
Standby pay shall be paid at the rate of the prevailing minimum wage, for two (2) hours Monday - Thursday and for eight (8) hours on Friday, Saturday, Sunday , and Holidays.
Standby for the Upland Hills Treatment Plant will be for eight (8) hours on Friday.
Non-safety personnel required to work a split shift for two days shall receive standby pay for any additional days in the same pay period. Split shift shall be defined as a divided regular shift with a division of three (3) hours or more (any scheduled lunch period within the split shift will be counted as standby time).
Police Management may, at its discretion, place employees in the classification of Lead Police Dispatcher, Police Dispatcher I, or Police Dispatcher II in an on-call status when it is in the best interest of the organization. In the event that a dispatch employee is placed
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 14 on-call, the employee will be compensated at the rate of fifty dollars ($50) per day. An employee who is c alled back to work will be compensated at time and one half pay (1 ½) for hours worked.
On-call period is defined as the time an employee is on their days off from the time they leave after completing their last scheduled shift until they return to work on their next regularly scheduled shift, excluding any previously scheduled overtime shifts.
Police Dispatcher I, Police Dispatcher II, and Lead Police Dispatcher employees receiving on-call pay shall be required to leave a telephone number where they may be reached in the event that they are needed to report to work. Employees must be able to res pond within one (1) hour of notification during any on -call period.
Non-sworn employees in the Police Department who are required to be on standby for Court will receive $50 per day.
ARTICLE 29 - UNIFORMS
The following classifications in the General Unit shall receive a uniform allowance in the amount of $200 per year after completion of 12 months of employment: Utility Billing and Business License Inspector and Building Inspector.
The following classifications of Police Department employees will receive a uniform allowance of four hundred dollars ($400) per year: Animal Services Officer, Code Enforcement Officer, Crime Prevention Officer, Forensic Specialist, Homeless Coordinator, Lead Police Dispatcher, Police Dispatcher I, Police Dispatcher II, Police Records Specialist I, Police Records Specialist II, Police Services Technician, Property & Evidence Clerk, Senior Lead Records Specialist, Traffic Aide,
This allowance will be paid the first pay period in December. The City will provide uniform service to all general field personnel required to wear uniforms.
All employees receiving uniform allowance will be required to wear uniforms during their work hours when assigned by the Department Head.
ARTICLE 30 - WATER CERTIFICATION TRAINING
The City will pay for Water Division staff certification and recertification. This includes time spent in training, the cost of the training class and necessary supplies if applicable.
Employees assigned to the Water Division in the classifications listed below will receive Certification Pay for additional certifications earned above and beyond those required at the time of hire.
Eligible employees will receive five percent (5%) for each certification listed in their
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 15 assigned classification, above and beyond those required at the time of hire, up to a maximum of ten percent (10%), in accordance with the following chart.
Classification Required at
Hire
Required Within 12
months
Certifications Eligible
for Certification Pay -
5% increase for each
Cross Connection Control
Technician
T1, D3, Backflow
Prevention
Device Tester,
Backflow
Prevention
Assembly Tester
Cross-Connection Control
Specialist (within 18 months
of appointment)
T 2-3 or D4-5 (Max
10%)
Senior Water Treatment Operator T3, D3 T 4-5 or D4 (Max 10%) Water Treatment Operator Tl T 2-3 (Max 10%)
Senior Utility Systems Worker
(Water)
D3, Tl, “Collections”
Grade 3
D 4-5 or T2-3 or
“Collections” Grade 4
(Max 10%)
Utility Systems Worker (Water) D1 Tl D 2-3 or T 2-3 (Max 10%) Utility Systems Worker (Sewer) D1 will be
required for
all new hires
“Wastewater
Collections" Grade 1
(within 12 months
of appointment)
D 2-3 or “Collections”
Grade 2-3 (Max 10%)
Senior Utility Systems Worker
(Sewer)
D1, “Collections
Grade 3”
T 2-3 or D2-3 or
“Collections” Grade 4
(Max 10%)
Senior Water Meter Technician D1 Within 12 months No certification pay Water Meter Technician D1 Within 12 months No certification pay Legend:
“T”: Water Treatment Operator Certificate issued by the State of California, Department of Public Health and/or the State Water Resources Board
“D”: Water Distribution Operator Certificate issued by the State of California, Department of Public Health and/or the State Water Resources Board
“Collections”: California Water Environmental Association (CWEA) Wastewater Collection System Maintenance Certifications
ARTICLE 31 – WORK BOOTS
The City will provide an allowance for work boots, up to two hundred dollars ($200) per pair, for the following classifications: Building Inspector, Chief Water Treatment Operator, Custodian, Equipment Mechanic, Environmental Control Technician, Equipment Operator, Facilities Coordinator, Facilities Specialist, Inventory Specialist/Equipment, Maintenance Worker and Senior Maintenance Worker, Public Works Inspector, S enior Public Works Inspector, Senior Equipment Mechanic, Water Meter Technician, S enior Water Meter Technician, Water Treatment Operator, S enior Water Treatment Operator, Senior Water Utility Inspector, Utility Systems Worker, S enior Utility Systems Worker, Utility Billing-
Upland City Employees Association (UCEA) 7 /1/2022 - 6/30/2023 16 Business License Inspector, Code Enforcement Officer, Animal Services Officer, Traffic Aide, Police Service Technician and Forensic Specialist. Once the initial boot is purchased, annually employees may request up to two (2) replacement pairs upon proof of need to the department due to the condition of the boot.
ARTICLE 32 - HOLIDAYS
The City of Upland observes the following holidays, as official fixed holidays, established by Resolution:
New Year’s Day January 1
Martin Luther King Day Third Monday in January
President’s Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day The Day After the Fourth Thursday in November Christmas Day December 25
Each official fixed holiday shall be ten (10) hours of time off with pay unless otherwise noted.
Employees in the classification of Police Dispatcher I, Police Dispatcher II, and Lead Police Dispatcher will receive twelve (12) hours of holiday pay.
If the holiday falls on a Friday or Saturday, Thursday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday.
Employees who are required to work on an official, fixed holiday will receive time and one half in addition to regular pay for up to ten (10) hours worked.
To be paid for an official, fixed City holiday (the days on which the public offices of the City of Upland will be closed), employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday falls on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the holiday and the Tuesday following the holid ay.
City Hall and most City departments will be permanently closed from Christmas Day through New Year’s Day. Employees may use vacation, floating holiday, or comp time to cover the time City facilities will be closed during the winter hol idays.
In the years where the City holiday closer would be for three (3) work days, the City will provide ten (10) hours of leave to cover the additional closure day.
Employees that are required to work, due to the nature of their job, during the holiday
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 17 closure will receive a comp time contribution equal to the number of compensable hours worked, with a maximum allowable amount of thirty (30) hours.
ARTICLE 33-FLOATING HOLIDAYS
Employees in the unit shall receive forty (40) hours of Floating Holiday annually. Floating holiday hours that are not used in December will automatically be cashed out on the pay date in January that covers the final pay p eriod for December.
ARTICLE 34 - SICK LEAVE
General Employee unit members earn sick leave at the rate of eight hours per month, up to a maximum accrual of 1250 hours. No sick leave may be granted during the first thirty days of employment with the City.
ARTICLE 35-SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT
Upon service or disability retirement under the PERS retirement plan, employees may elect one of the following options for payment of unused sick leave:
A. At the time of service or disability retirement, one half (50%) of accrued sick leave may be cashed out at the current hourly rate, up to a maximum of 625 hours.
A. Retiring employees may use one half (50%) of accrued sick leave as Personal Leave just prior to retirement, up to a maximum of 625 hours.
ARTICLE 36-VACATION
Vacation shall accrue for employees based on the following schedule:
All employees may accrue vacation up to a maximum of three (3) years of entitlement.
01 – 02 Years of service 80 Hours per year
03 – 05 Years of service 96 Hours per year
06 – 10 Years of service 128 Hours per year
11 – 16 Years of service 136 Hours per year
17 + Years of service One additional day (8 hours) per year, up to a maximum of 176 hours per year
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 18 ARTICLE 37 - VACATION BUYBACK
Employees may be paid in cash for up to sixty (60) hours of unused vacation if they have used at least forty (40) hours of vacation during the preceding year.
Any employee who elects to convert accrued vacation leave to compensation as provided for herein shall be in compliance with the Department of Tre asury, Internal Revenue Service (IRS) Section 4.451-1(a), must comply with the following:
• Any vacation leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than Decem ber 1st of the calendar year prior to the end of the calendar year in which the employee wishes to convert such vacation.
o For example: Employee requests to buy back twenty (20) hours of vacation leave the request must be in Human Resources by December 1, 2 022 to be paid on the first pay date in December 2023.
• All vacation leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources not later than December 1st of the calendar year prior to the conversion. • Employees who do not meet the requirement of using forty (40) hours of vacation leave between January 1 st and November 30th of the prior calendar year will not be eligible for vacation buyback.
• Employees who fail to submit a request by December 1st of the calendar year prior to the conversion will not be eligible for vacation leave converted to cash for that calendar year.
• Payments for accrued vacation leave conversion to cash shall be made by separate check by either the first pay date in June or the first pay date in December.
ARTICLE 38- BEREAVEMENT LEAVE
Employees may take up to 30 hours per occurrence with pay in the event of a death of the following: mother, father, grandfather, grandmother, brother, sister, spouse, child, grandchild, and employee's spouse's father, mother, grandfather, grandmother, brother, sister and any relative who has resided with the employee for at least one year. Adoptive relatives and step relatives shall count the same as relatives by birth. Notification of need for such leave and/or request to use five (5) consecutive sick leave days must comply with the City's Administrative Policy on Sick Leave.
ARTICLE 39 - FMLA AND CFRA
Eligible employees who request a Family Medical Leave of Absence under the Federal Family Leave Act (FMLA) and/or the California Family Rights Act (CFRA) shall be granted in accordance with State and Federal law. The employee rights and obligations are specifically set forth in the Department of Labor regulations implementing the "FMLA" and the regulations of "CFRA."
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 19 ARTICLE 40 - HOURS OF WORK
The work week shall normally consist of 40 hours within a period of seven (7) consecutive calendar days. All bargaining unit employees shall be scheduled to work at designated starting times and ending at designated quitting times. Employees shall be notified at least ten (10) working days in advance of the implementation of any changes in their schedule. This provision applies to regular permanent work scheduling and does not apply to situations identified below.
It is understood that unusual conditions may create emergencies, as described in ARTICLE 3 - DEFINITIONS, requiring immediate changes in work schedules. The City shall provide notice to affected employees of such work schedule changes as soon as possible prior to implementation. Whenever possible, said notice shall be twenty-four (24) hours or more prior to implementation. Regular work schedules shall not be changed on the day of said change in work schedule for the purpose of avoiding payment of overtime. During emergency overtime situations which extend over a period of four (4) hours, the City will make a reasonable effort to allow time for meals.
ARTICLE 41 - GRIEVANCE PROCEDURE
A. Definition - A claim by an employee that the City has violated, misinterpreted, or misapplied a responsibility to the employee as provided for in the Memorandum of Understanding, Merit System Rules and Regulations, or other laws, ordinances, and resolutions concerning or affecting wages, hours, or other terms and conditions of employment.
The grievance procedure may not be used for matters involving:
1) Compensation plans (The City will notify the UCEA when changes are being considered).
2) Classification plans (The City will notify the UCEA when changes are being considered).
3) Disciplinary action not including written warnings and reprimands. 4) Performance appraisal (Employees receiving an overall rating below "Meets Expectation" may request to meet with the Human Resources Manager, department head, and their employee representative to discuss the appraisal and seek an appropriate remedy).
5) Recruitment activities.
6) Any other matters which are prohibited in the Merit System Rules and Regulations and are more appropriately resolved through the meet and confer process.
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 20 7) Reserved management rights of the City.
8) Interpretation of the intent of a MOU provision which would be resolved through the meet and confer process.
B. General Provisions
1) No retribution or prejudice shall be suffered by employees making use of the grievance procedures.
2) Grievances may only be initiated by the employee concerned and may not be pursued without the affected employee's consent.
3) If a grievance involves a group of employees or if a number of employees file separate grievances on the same exact matter, the grievances may be handled as a single grievance at the City's discretion.
4) Failure at any step of this procedure to appeal a decision on the grievance within the specified time limit and in the manner outlined below shall be deemed to have terminated the grievance process.
5) Failure at any step of this procedure to provide a response to a grievance within the specified time limit shall be deemed a denial and may be appealed as provided herein.
6) The time limits specified at any step in this procedure may be extended by mutual written agreement.
7) As used in this procedure, the term immediate supervisor shall mean the lowest level of supervisor.
8) Once a grievance has been processed and finally denied, repeated filing of grievances on the same exact issue will not be permitted. 9) The grievant may designate a representative at any step in the grievance procedure. No person hearing a grievance is required to recognize more than one (1) representative for any grievance.
10) An employee may choose to represent himself/herself or may be represented by someone other than a UCEA representative when utilizing the grievance procedure. In such event, the UCEA shall be notified in writing that the individual has elected not to be represented by the UCEA in seeking resolution of a grievable matter. The City shall, in writing, notify the UCEA of the nature of the grievance, the decision and remedy sought, provided, however, the names of employee witnesses shall not be disclosed.
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 21 B. Grievance Procedure
1) Informal Step - Grievances shall be resolved informally to the extent possible. The employee and representative, if any, shall discuss the grievance with the immediate supervisor no later than ten (10) working days after the employee knew or reasonably should have known of the event giving rise to the potential grievance. In this discussion, the employee should, in good faith, try to express the problem clearly and suggest a solution(s). Within ten (10) working days of the informal meeting, the supervisor shall provide a verbal response to the employee.
A summary of the complaint and the proposed resolution should be forwarded to the Human Resources Department for their information.
2) Step 1- If the supervisor does not respond within the time limits, or the grievance has not been resolved, the employee may appeal to the department head by submitting a written grievance. Such written grievance must be made within ten (10) working days of notification to the employee that the grievance is denied or a resolution has not been reached at the informal step.
a. The department head shall meet with the grievant and representative, if any, within ten (10) working days of receipt of the written grievance and shall deliver an answer, in writing, to the grievant within ten (10) working days after the meeting.
3) Step 2 - If the grievance is not resolved, the grievant may file a written appeal to the Human Resources Manager within ten (10) working days from date of delivery of the written response provided in Step 1 of the procedure.
a. The Human Resources Manager shall meet with the grievant and representative, if any, within ten (10) working days of receipt of the written appeal and shall deliver an answer, in writing, to the grievant within ten (10) working days after the meeting.
4) Step 3 - If the grievance is not resolved, the grievant must file a written appeal to the City Manager within ten (10) working days from date of delivery of the written response provided in Step 2 of the procedure.
a. The City Manager shall meet with the grievant and representative, if any, within ten (10) working days of receipt of the written appeal and shall delivery an answer, in writing, to the grievant within ten (10) working days after the meeting.
5) Step 4 - If the grievance is not resolved, the grievant shall have the right to appeal to the Board of Review. The request for hearing shall be filed with the Human Resources Department within ten (10) working days from date of delivery of the
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 22 written response provided in Step 3 of the procedure. It shall b e the duty of the Human Resources Manager to inform each of the Board members and the City Manager or other persons complained against of the filing of the appeal.
ARTICLE 42 - DISCIPLINARY PROCEDURE
The following procedure shall be used for disciplinary actions involving regular employees which involve suspension, demotions for cause, discharge or reductions in pay:
A. The employee shall receive notice of the proposed action in advance. A notice of seven (7) days for a 1 -3 three day suspension and seven (7) days for all other disciplinary actions will be considered the minimum notice.
B. The notice will contain a statement as to the basis for the proposed action.
C. The notice will contain a statement of the events and/or circumstances upon which the proposed action is based.
D. The employee shall be provided copies of documents and materials upon which the action is based.
E. The employee shall have the right to respond to the proposed action to their department head and upon decision of the Department Head to the City Manager provided said appeal is made within ten (10) calendar days of the decision of the Department Head. The decision of the City Manager shall be final in suspensions involving two or fewer work days for that employee, or its financial equivalent.
F. The employee will be advised of their right to UCEA representation during their response pursuant to section E above.
The above procedure may be deviated from in circumstances where there is a need for immediate disciplinary action. If such action is taken, the employee shall be put on administrative leave with pay and remain on such leave until ordered back to work or until the opportunity for response called for above.
ARTICLE 43- LAYOFF PROCEDURES
A. Statement of Intent - Public interest may require the elimination, curtailment, or reorganization of Public Service activities which in turn, may require the City Council to take action to layoff one or more employees.
1). Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of employment, the employee holding such position of employment may be laid off or demoted pursuant to the provisions of this agreement.
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 23 B. Definitions
1). Layoff - A layoff is the involuntary separation or reduction of a regular employee to a position in a lower classification without fault of the employee.
2). Causes for Layoff
a. If a function is to be discontinued, curtailed, mechanized or operated by a different method.
b. Reorganization.
c. Budget reduction.
d. Termination or decrease in funds and or materials for projects or programs.
e. The mandatory reinstatement of an employee.
3). Classification -All positions in the classified services shall be part of a classification plan established and maintained by the Human Resources Department. It shall provide grouping of positions by commonality of duties responsibilities and function.
4). Job Series -A group of classifications similar with respect to the duties performed but different in terms of the nature and level of responsibilities performed. Within each job series, it is possible to categorize classification by class level i.e. I, II, or Ill.
5). Seniority- Seniority for the purpose of determining order of layoff shall be defined as total accumulated continuous time served in regular and probationary status in the City classified service. Should it become necessary to layoff by seniority, those employees with least service in the affected classification shall be laid off or demoted:
a. First by classification; and
b. Second, to displace an employee, by Total City service, including time served on military leave of absence in the armed forces of the United States. In order to bump into a former or lower class:
1. An employee must have more Total City service than at least one of the incumbents in the affected class and request displacement action in writing to the Human Resources Manager within five (5) working days of receipt of notice of layoff.
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 24 2. Employees bumping to a lower class shall be placed at the salary step representing the least loss of pay. In no case, shall the salary be increased above that received in the class from which the employee was laid off.
When two or more employees have equal seniority, the layoff shall be made at the sole discretion of the appointing authority.
C. Notification - Employees to be laid off shall be given, whenever possible, 45 calendar days prior notice, but no less than 30 calendar days1 notice. The UCEA shall be provided with a copy of the affected classifications and seniority list by classification of all affected employees within bargaining unit at least 30 days prior to its effective date.
D. Order of Layoff - In each classification, employees shall be laid off according to employment status in the following order:
1) Seasonal/temporary part-time, contract, and or provisional employees performing services similar to classifications affected by layoff shall be terminated before any reduction in the regular work force. Likewise, other grant- funded employees shall be terminated in affected classifications, in accordance with federal or state rules or guidelines governing such funding programs.
2) Probationary employees and employees holding an interim position, who have regular status in another classification, shall revert to their former classification in the City to determine layoff rights.
3) Regular employees subject to layoff shall be based on seniority of service within that classification. For example, the employee being laid off or displaced from a classification shall be the employee in the affected classification with the least amount of time served in the affected classification.
The order of layoff within a classification subject to a layoff shall be based on seniority of service within that classification. The employee being laid off or displaced from a classification shall be the employee in the affected classification with the least amount of City service.
E. Layoff Procedures -The layoff procedure is intended to minimize the impact of staff reduction on City services and ensure that employees are treated fairly in the process of layoff. The procedure for lay off, once the number of positions to remain by classification has been determined, shall be as follows:
1) Except as otherwise provided herein, whenever there is a reduction in the work force, the appointing authority shall demote the affected employee to a vacancy, if any in the lower class for which the employee is qualified. All persons so demoted shall have their names placed on the reemployment list for the higher
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 25 class.
2) An employee affected by layoff shall have the right to displace an employee who has less seniority in a lower classification in which the affected employee once had regular status. For the purpose of this section:
a. Seniority shall be time served in a classification as defined in Section (II) herein except;
b. When an employee has been displaced from a classification, the seniority for that displaced employee shall then include, for further layoff purposes, Total City seniority as in Section II (E) herein, to include all time
served in the classified service in related classifications affected by the layoff. For the purpose of this section, seniority shall be all periods of full- time service at or above the classification level where the layoff is to occur.
1. If a classification title is changed due to a reclassification, the employee shall retain bumping rights to the previous classification and series.
2. An employee is eligible to bump to a lower classification within job series in which he/she has achieved regular status. For example:
Employee "A" is hired in as a Lead Maintenance Worker and achieves regular status; however, never worked as a Maintenance Worker II.
Employee "A" may bump employee "B" in the lower classification of Maintenance Worker II, if Employee "A" has more Total City seniority.
3. Displaced employees are allowed to bump into a lower classification within the job series that they have not previously held, provided that the position did not exist when the employee was appointed to the position from which they are laid off and the employee meets the minimum qualifications.
4. Employees transferring or voluntarily demoting shall retain the same anniversary date as in their previous position for all purposes, including step advancement.
F. Reemployment Lists - The names of persons laid off or demoted in accordance with these rules shall be entered upon a reemployment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used by the appointing authority when a vacancy arises in the same or lower class of position before employment is made from an eligible list.
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 26 G. Duration of Reemployment List - Names of persons laid off shall be carried on a reemployment list for twelve months, exc ept that the name of an individual reappointed to a regular position of the same class shall, upon reappointment, be dropped from the list. An individual who declines either a voluntary demotion or reemployment in a classification shall be dropped from that specific reemployment list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher class for the balance of the twelve month period.
An individual that may be appointed from a reemployment list will be required to successfully pass a reemployment physical examination provided at City expense.
H. Terms and Conditions of Reemployment - Reemployment from a reemployment list to a previously held class shall be at the same step held at the time of layoff and at the current salary of that class at the time of reemployment.
In case of a voluntary demotion from a reemployment list, the employee so electing shall be paid at the highest step in the range for the lower class which doe s not represent an increase in salary from the salary which would have been effective had the employee been appointed to his/her previously held class; and in no case to exceed "top" step in the current salary range of the class to which the employee is appointed.
Employees reappointed from a reemployment list shall be credited with, at the time of reappointment, all accrued benefits at the time of layoff which was not compensated for at the time of layoff, provided that such accrued benefits shall not exceed established maximum at the time of reappointment.
I. Retraining- The City will make reasonable efforts to provide retraining opportunities to laid-off employees that will qualify them in classifications not related to their former classification, and will attempt to place said laid -off employees in vacant positions in the City for which they are qualified.
During the twelve months following a layoff, laid-off employees shall be eligible to compete for in-house promotional examinations for positions for which they qualify.
ARTICLE 44 - BULLETIN BOARDS
The City agrees to the following facilities and areas for the UCEA to affix bulletin boards of up to three (3) feet by four (4) feet in size:
City Hall lunch room
Public Works lunch room
Fleet Maintenance
Police Department first floor lunch room
Recreation Department
Animal Shelter (3' x 4' space to be provided on existing bulletin board)
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 27 No additional UCEA bulletin boards shall be affixed to City property without the approval of the Human Resources/Risk Manager. UCEA material may be posted on these designated bulletin boards only.
The UCEA boards shall be used for posting UCEA business only. All postings for bulletin boards must contain the date of posting and the UCEA's identification. All costs associated with preparing and posting of UCEA material as well as the cost of the bulletin boards will be borne by the UCEA.
The UCEA will not post information which is defamatory, derogatory, or obscene.
ARTICLE 45 - ASSOCIATION DUES DEDUCTION AND REPRESENTATION
A. The City shall deduct UCEA dues from UCEA members, if employee elects to participate in UCEA. UCEA shall notify the City of any changes in its membership.
Membership dues will be deducted biweekly from the members' paychecks.
B. Dues Deduction - During the term of this agreement the City agrees to deduct from the pay of each UCEA member who elects to participate, a monthly sum certified to the City by the UCEA as the regular monthly dues.
Dues withheld by the City shall be transmitted to the officer designated by the UCEA in writing, at the address specified in the letter of authorization.
The UCEA shall indemnify the City of Upland from all claims made by bargaining unit members as a result of implementing and maintaining Association Dues Deductions.
In addition, the UCEA shall refund to the City of Upland any amounts paid in error, upon presentation of supporting evidence.
C. UCEA Officers and Representatives - Four (4) Officers and three (3) Representatives and/or their designees will be utilized by the UCEA to conduct UCEA-related business.
It is understood that the alternates will only be utilized if one of the four stewards is unavailable for a period of five (5) working days or more.
New stewards will be allowed to accompany UCEA representatives for on the job training which will consist of two (2) grievances. One Steward will be allowed to assist in the handling of grievances or other related UCEA business when requested and with the approval of his/her immediate supervisor.
Activities specifically authorized by this MOU (including the Grievance Procedure, meet and confer sessions and other representational activities mandated by law) can be conducted during working hours within reasonable time limits, at no loss of time or pay to the stewards and officers. The UCEA representative must secure permission from the respective department head prior to contacting any employee on City time.
No other UCEA activities will be conducted on City time.
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 28 UCEA activities may be conducted on City property, outside the work area and the reporting area, if specific areas and times are formally approved in writing by the respective department head and the Human Resources Manager in advance. Such approvals/denials shall be granted within a reasonable time.
ARTICLE 46- PREVAILING BENEFITS
Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.
ARTICLE 47 - SAVINGS CLAUSE
Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and UCEA shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful. Such equivalent benefit will be implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.
ARTICLE 48- QUARTERLY PERSONNEL REPORT
The City agrees to provide on a quarterly basis, personnel reports to the UCEA which shall include names, classifications, and all personnel actions (new hires, terminations, transfers, promotions) within the Unit. Home and mailing address if different, and all address changes of UCEA members will be provided. Also, a system will be jointly developed by the City and UCEA for the disclosure of employee addresses.
ARTICLE 49 - TERM OF AGREEMENT
Except where expressly stated otherwise herein, the City and UCEA agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 2022, and shall expire on June 30, 2023.
ARTICLE 50 - ZIPPER CLAUSE
During the term of this Agreement, the parties agree that negotiations cannot commence on any subject unless the parties mutually agree.
ARTICLE 51- PREVENTATIVE HEALTH
Employees in the unit may be reimbursed up to two hundred dollars ($200) annually for the purchase of items, classes, memberships , or programs which contribute to physical fitness. This reimbursement shall be made in June of each year. Items which will be considered acceptable for reimbursement are defined in the City's policy on Preventive Health Benefits.
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 29 CITY OF UPLAND
______________________________________
Michael Blay, City Manager
__________________
Date
______________________________________
Stephen Parker, Assistant City Manager
__________________
Date
_______________________________________
Theresa Doyle, Human Resources/Risk Manager
__________________
Date
UPLAND CITY EMPLOYEES ASSOCIATION
______________________________________
Rick LeBlanc, UCEA President
__________________
Date
______________________________________
Lisa Turnbow, UCEA Vice President
__________________
Date
______________________________________
Wauniece Davis, UCEA Secretary
__________________
Date
______________________________________
Sue Gutierrez, UCEA Treasurer
__________________
Date
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 30 APPENDIX A
Grade Classification Title
35 ACCOUNTING TECHNICIAN
26 ADMINISTRATIVE ASSISTANT
32 ANIMAL SERVICES OFFICER
39 BUILDING INSPECTOR I
41 BUILDING INSPECTOR II
38 CODE ENFORCEMENT OFFICER
38 CRIME ANALYST TRAINEE
45 CROSS CONNECTION CONTROL TECHNICIAN
22 CUSTODIAN
25 CUSTOMER SERVICE SPECIALIST I
29 CUSTOMER SERVICE SPECIALIST II
35 DEPUTY CITY CLERK
30 DEVELOPMENT SERVICES TECHNICIAN
30 ENGINEERING TECHNICIAN
34 ENVIRONMENTAL CONTROL TECH II
34 EQUIPMENT MECHANIC
40 FACILITIES COORDINATOR
36 FACILITIES SPECIALIST
38 FORENSIC SPECIALIST
39 GIS/CAD TECHNICIAN
41 HOMELESS SERVICES COORDINATOR
39 INFORMATION TEHCNOLOGY TECHNICIAN
26 INVENTORY SPECIALIST/EQUIPMENT
37 LEAD POLICE DISPATCHER
28 MAINTENANCE WORKER
39 PAYROLL TECHNICIAN
47 PLANS EXAMINER
31 POLICE DISPATCHER I (TRAINEE)
35 POLICE DISPATCHER II
21 POLICE RECORDS SPECIALIST I (TRAINEE)
25 POLICE RECORDS SPECIALIST II
27 POLICE SERVICE TECHNICIAN
25 PROPERTY & EVIDENCE CLERK
36 RECREATION COORDINATOR
46 SENIOR ACCOUNTANT
40 SENIOR ACCOUNTING TECHNICIAN
45 SENIOR BUILDING INSPECTOR
33 SENIOR DEVELOPMENT SERVICES TECHNICIAN
38 SENIOR ENVIRONMENTAL CONTROL TECHNICIAN
38 SENIOR EQUIPMENT MECHANIC
34 SENIOR MAINTENANCE WORKER
45 SENIOR PUBLIC WORKS INSPECTOR
34 SENIOR WATER METER TECHNICIAN
43 SENIOR WATER TREATMENT OPERATOR
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 31 33 SENIOR ADMINISTRATIVE ASSISTANT
40 SENIOR CUSTOMER SERVICE SPECIALIST
43 SENIOR UTILITY SYSTEMS WORKER (WATER)
43 SENIOR UTILITY SYSTEMS WORKER (SEWER)
28 TRAFFIC AIDE
38 UTILITY BILLING & BUSINESS LICENSE INSPECTOR
34 UTILITY SYSTEM WORKER (WATER)
34 UTILITY SYSTEM WORKER (SEWER)
29 UTILITY SYSTEM WORKER (WATER-TRAINEE)
29 UTILITY SYSTEM WORKER (SEWER-TRAINEE)
30 WATER METER TECHNICIAN
37 WATER TREATMENT OPERATOR
Upland City Employees Association (UCEA) 7/1/2022 - 6/30/2023 32 APPENDIX B