Upland City Council
June 12, 2023

Upland City Employees Association (UCEA) 7 /1/20232- 6/30/20283 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 to employees in the unit:

A. Employees in this unit shall receive Aa fiveour and one half percent (4.5%) COLA increase in base salary, effective June 25, 2023
B. A two percent (2%) COLA increase in base salary, effective June 23, 2024 C. A two percent (2%) COLA increase in base salary, effective December 8, 2024 D. A two percent (2%) increase in base salary, effective June 22, 2025 E. A two percent (2%) COLA increase in base salary, effective December 7, 2025 F. A three percent (3%) COLA increase in base salary, effective June 21, 2026 A.G. A three percent (3%) COLA increase in base salary, effective June 20, 2027.

The City will issue a one-time payment for Essential Worker Premium Pay of up to five thousandforty-five hundred dollars ($5,0004,500) to each employee who was physically reported to work and has been actively employed by the City during the time period of April 1, 20210, through March 31, 20221, 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 20232/20243. 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, 2020July 1, 2022, through March 31, 2021June 30, 2023. 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 August 16, 20220, will receive a payment of $4,166.603,750 (10 months times $416.66375). 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.

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

Upland City Employees Association (UCEA) 7 /1/20232- 6/30/20283 5 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 information provided the City with the specific request t hat it remain confidential shall not be subject to inspection or copying.

ARTICLE 10 – STEP INCREASES
Step increases shall not be automatic but will be contingent on an annual Performance Appraisal. No step increase shall be made to exceed the maximum rate established for the position.

Employees receiving an overall rating on their Performance Appraisal of “Meets Standards” or “Exceeds Standards” shall receive merit increases within their base salary range, as provided for below:
 Supervisors will provide employees with Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date, they will process the Personnel Action form for the step increase.  Supervisors will provide employees with Performance Appraisal by the due date provide by Human Resources. Should the supervisor fail to complete the evaluation by the due date, they will have thirty (30) days from the due date provided by Hunan Resources to complete. During the thirty (30) day period, the employee shall not receive the merit increase until Human Resources receives the Performance Appraisal. Once received Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.  Should the supervisor fail to provide employee with a Performance Appraisal during the thirty (30) day period, the employee will notify Human Resources. Human Resources will confirm this information with the Department Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appraisal was originally due.
 If the employee receives an overall rating of “Below Standards” the step may be denied or suspended for a maximum of three (3) months. Within the three (3) month period, the supervisor/manager must re-evaluate the employee. If the new evaluation indicates the employee overall rating is “Meets Standards” , the merit increase shall be granted, retroactive to the original merit increase date. If the employee is not re-evaluated within the three (3) month period, the employee shall be deemed to be meeting job standards and shall be granted the merit increase retroactive to the original merit increase date.

Appeal Process
An employee may appeal the content of the Performance Appraisal with an overall rating of “Below Standards” to the Department Head.

The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their

Upland City Employees Association (UCEA) 7 /1/20232- 6/30/20283 6 decision in writing within thirty (30) calendar days of the information provided by the employee. The Department Head’s decision is final on the content and overall rating of the Performance Appraisal.

In the case where the employee reports directly to the Department Head, they may appeal to the City Manager. The City Manager’s decision on the content and overall rating of the Performance Appraisal is final.

ARTICLE 110 - 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 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.

The agreement between the City and CalPERS allows for the buy-back of time

Upland City Employees Association (UCEA) 7 /1/20232- 6/30/20283 7 served by the employee in the Military as defined under Government Code Section 21024.

ARTICLE 121- 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, 20243 - $1,5400
b. Effective January 1, 2025 - $1,700
c. Effective January 1, 2026 - $1,900
d. Effective January 1, 2027 - $2,000
a.e. Effective January 1, 2028 - $2,100

Upland City Employees Association (UCEA) 7 /1/20232- 6/30/20283 8 The City will issue a one-time payment in the amount of six hundred dollars ($600) to employees hired on or after March 1, 2016, who are enrolled in an Employee plus one plan to offset the cost of coverage. This payment will be issued in the same check as the Essential Worker Premium Pay.

Employees hired on or after March 1, 2016, will re ceive 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) . The
cost for this coverage will not exceed
the amounts stated above.

Employee plus one

The amount to cover the lowest cost
plans for health, dental and vision
(Kaiser HSA excluded). The cost for
this coverage will not exceed the
amounts stated above.

Family

The maximum benefit of as stated
above for the plan year.$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 employer limitannual 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 13- 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.

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 9 Employees hired on or after March 1, 2016, will receive the following contributions to the plan effective January 1, 2023 and thereafter:

The amount to cover the lowest cost
plans for health, dental and
Vision (Kaiser HSA excluded)

The amount to cover the lowest cost
plans for health, dental and vision
(Kaiser HSA excluded)

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 143- 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.

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

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 10 employee must retire from the City and purchase retiree medical insurance within 120 days from separation.

ARTICLE 154- RETIREE HEALTH SAVINGS ACCOUNTS

Retirement Health Savings (RHS) accounts will be established through ICMA and 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 165 - 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 1176 - 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.

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 /1/20232 - 6/30/20283 11 ARTICLE 187 - 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 198- 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 2019-CALL BACK PAY

Employees will be paid time and one half (1 ½), for a minimum of two (2) hours, if called out after regular hours and the employee has worked over forty (40) hours in a week. This pay applies if the employee is called back to work and the situation was not known in advance.

Call back pay will be paid in accordance with Arti cle 27 – Overtime Pay/Compensatory Time Off. There will be no pyramiding of overtime.

ARTICLE 210 - 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 /1/20232 - 6/30/20283 12 ARTICLE 221 - EDUCATION INCENTIVE

The City agrees to pay additional compensation over an employee’s base salary for a job-related degree above the minimum requirements required of an employee’s position.

The degree must be related to the employee’s employment with the City. For example:

The minimum degree qualification for Accountant is graduation from a four-year college or university with a major in accounting or closely related field. An employee who presents a Master’s Degree in Library Sciences would not be eligible for the Education Incentive Pay as the degree does not relate to their duties as an Accountant.

Employees hired after July 1, 1981, will receive a one-time payment of the percentage of schedule:

AA/AS with 2 years of service 2.5% above base salary
BA/BS with 2 years of service 7.5% above base salary
MA/MS with 2 years of service 7.510% above base salary

Employees are only eligible for one incentive pay and incentive pays are not stackable.

Employees hired prior to July 1, 2023, who have a degree that is above the minimum requirements required of the employee’s position but is not job-related will be eligible for two and a half percent (2.5%) additional compensation over an employee’s base salary .

This additional compensation will be paid per pay period.

ARTICLE 232 – 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 materials. 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 work hours.

ARTICLE 243 - HIGHER CLASSIFICATION WORK AND SPECIAL ASSIGNMENT

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 13 A. Higher Classification Duty 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 Maintenance CoordinatorLeadworker, said appointment shall be requestedmade in writing and approved by the appropriate Department Head and submitted to the Human Resources Office.

The City will provide Tthe employee will receivemove-up pay in the amount of five percent (5%) additional of the current classification or "A" step 1 of the higher classification (whichever is higher) after working in the higher classification five 1(5) working days in any calendar year.

Higher classification duty assignment pay will be restricted to no more than twelve (12) month limit. In extenuating circumstances, the Department Head may request an extension of the higher classification duty assignment past the twelve (12) month limit. This request must be made in writing to the City Manager with justification as to why an extension is needed. The extension must include the date the higher classification duty assignment pay will expire.

A.B. Training Pay/Special Projects

Effective January 1, 2018, Eemployees assigned by the Department Head to train employees in the same or lower classifications or assigned to a special project of the Police Department will receive Special Assignment Pay in the amount of five percent (5%) of base salary for no more than twelve (12) months unless a longer period is requested by the Department Head and approved by Human Resources. Department Heads will need to send a memo with justification to the Human Resources Division to process the request for Training Pay or Special Project Pay. when assigned to Lead Dispatcher or Lead Code Enforcement classifications. There is no five (5) day waiting period for employees assigned to train or work on a special project by the Department Head.

ARTICLE 254- 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.

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 14 The amounts are exclusive of each other and will not be considered buildable upon the last longevity amount.

ARTICLE 265- 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 276- 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.

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 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 287- 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 employe es within the affected classification and among those desiring to do 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

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 15 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. There will be no pyramiding of overtime. For Example: Employee works forty (40) hours of regular time during their work week. An Employee is on standby is called back to work for eight (8) hours of standby on a Friday, which is also an official fixed holiday, the employee will be paid at the rate of one and one-half (1 ½) the basic rate for the eight (8) hours.

Employees experiencing a sp ecial circumstance may request overtime compensation in the form of compensatory time off to the department headsupervisor 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 headsupervisor, 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 or , 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.

ARTICLE 298 - 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 and , 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

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 16 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. Employees who are on vacation will not be eligible for standb y duty and will not be placed on the schedule for standby duty.

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 in accordance with Article 27 Overtime Pay/Compensatory Time Off 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. There will be no pyramiding of overtime.

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.fifty dollars ($50) per day for days in which an employee is regularly scheduled to work. On days that an employee is not regularly scheduled to work they will receive one hundred seventy-five dollars ($175) per day.

Example 1: Employee’s regular schedule is Monday through Thursday. The employee is assigned standby for Monday through Wednesday, the employee will receive fi fty dollars ($50) per day for a total of one hundred and fifty dollars ($150) of standby pay.

Example 2: Employee’s regular schedule is Tuesday through Friday. The employee is assigned standby for Monday, the employee will receive one hundred seventy-five dollars ($175) per day.

Example 3: Employee’s regular schedule is Wednesday through Saturday. The employee is assigned to standby for Monday through Wednesday. The employee will receive one hundred seventy-five dollars ($175) per day for Monday and Tuesday and will receive fifty dollars ($50) for Wednesday for a total of four hundred dollars ($400) of standby pay.

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 17 Example 4: During the holiday closure (December 25 – January 1), if an employee is assigned to standby the employee will receive one hundred seventy-five dollars ($175) for each day of standby they are assigned during the holiday closure.

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).

A. On-Call Duty for Police Dispatchers

Police Management may, at its discretion, place employees in the classification of Lead Police Dispatcher, Police Dispatcher I or , or Police Dispatcher II in an on-call dutystatus when it is in the best interest of the organization. In the event that a dispatch employee is placed in an on-call status, 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 days that an employee is not regularly scheduled to work (including holidays and during any holiday closure) they will receive on -call duty pay in the amount of one hundred seventy-five dollars ($175) per day.

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 and , 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 respond within one (1) hour of notification during any on -call period.

ARTICLE 3029 - 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 I/II.

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 TechnicianSpecialist, Homeless Services Coordinator, Parking Control Aide, Lead Police Dispatcher, Police Dispatcher I, Police Dispatcher II, Police Records TechnicianSpecialist I, Police Records TechnicianSpecialist II, Police Services Technician,, Property & Evidence Clerk, and

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 18 Senior PoliceLead Records TechnicianSpecialist, 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 310 - 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 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%)
LeadSenior Water Treatment
Operator
T3, D3 OSHA compliant
Hazardous Waste
Operations and Emergency
Response (HAZWOPER)
confined space entry, Self-
Contained Breathing
Apparatus (SCBA), CPR,
and First Aid Certificate
T 4-5 or D4 (Max 10%)
Water Treatment Operator I Tl, DI OSHA compliant
Hazardous Waste
Operations and Emergency
Response (HAZWOPER)
confined space entry, Self-
Contained Breathing
Apparatus (SCBA), CPR,
and First Aid Certificate
D-2,T 2-3 (Max 10%)
Water Treatment Operator II T-2, D-2 OSHA compliant
Hazardous Waste
Operations and Emergency
Response (HAZWOPER)
confined space entry, Self-
Contained Breathing
Apparatus (SCBA), CPR,
T-3 or D-3 (Max of 10%)

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 19 and First Aid Certificate
Lead Senior Utility Systems
Worker (Water)
D3, Tl, “Collections”
Grade 3
T-1 D 4-5 or T2-3 or
“Collections” Grade 4
(Max 10%)
Utility Systems Worker I (Water) D1 D1Tl D 2-3 or T 2-3 (Max 10%) Utility Worker II (Water) D1 D2 D3 or T 1-2 (Max 10%)
Utility Systems Worker I (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%)
Utility Worker II (Sewer) “Wastewater
Collections”
Grade 1
“Wastewater
Collections” Grade 2
“Wastewater Collections”
Grade 3 or D 1-2 (Max
10%)
Lead Senior Utility Systems
Worker (Sewer)
D1, “Collections
Grade 3”
T 2-3 or D2-3 or
“Collections” Grade 4
(Max 10%)
Lead Senior Water Meter
Technician
D-1 D21 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 3231 – WORK BOOTS

The City will provide an allowance for work boots, up to two hundred dollars ($200) per pair, for the following classifications:

Animal Services Officer
Business License Inspector
Building Inspector I/II
, Chief Water Treatment
Operator, Code Enforcement
Officer
Custodian,
Equipment Mechanic,
Environmental Compliance
Inspector I/IIControl Technician,
Equipment Operator,
Facilities Coordinator,
Facilities TechnicianSpecialist,
Inventory Specialist/Equipment,
Forensic Technician
IT Specialist
Lead Equipment Mechanic
Lead Utility Worker (Water and
Sewer)
Lead Water Treatment Operator
Lead Water Meter Technician
Maintenance Coordinator
Maintenance Worker I/II
Parking Control Aide
Police Service Technicianand
Senior Maintenance Worker,
Public Works Inspector I/II,
Senior Public Works Inspector,
Senior Equipment Mechanic,
Water Meter Technician,

Upland City Employees Association (UCEA) 7 /1/20232 - 6/30/20283 20 Senior Water Meter Technician,
Sewer), Senior Utility Systems
Warehouse and Inventory
Technician

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 332 - 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 and , Police Dispatcher II, and Lead Police
Dispatcher will receive twelve (12) hours of holiday pay.

For employees who work a traditional Monday through Thursday schedule, iIf 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 official fixed holiday.

Employees who work an alternative schedule, i.e. Tuesday through Friday or Wednesday through Saturday, will recognize the actual 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. Employees in the classifications of Police Dispatcher I and Police Dispatcher II will receive time and one half in addition to regular pay for up to twelve (12) hours worked.

Holiday pay will be paid in accordance with Article 27 – Overtime Pay/Compensatory Time Off. There will be no pyramiding of overtime.

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

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 21 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 will receive compensation that will cover their absence from work from December 25th through January 1st. The employee must be in a paid status as stated previously above to receive this holiday compensation. may use vacation, floating holiday, or comp time to cover the time City facilities will be closed during the winter holidays.

In the years where the City holiday closureer 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 closure will receive regular pay up to ten (10) hours worked and a comp time contribution equal to the number of compensable hours worked, with a maximum allowable amount of fortythirty (430) hours. Employees in the classifications of Police Dispatcher I and Police Dispatcher II will receive regular pay for up to twelve (12) hours worked.

ARTICLE 343-FLOATING HOLIDAYS

Employees in the unit shall receive twentyforty (2040) 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 period for December.

ARTICLE 354 - 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. Employees may use up to twenty (20) hours of sick leave for personal necessity situations. Employees in the position of Police Dispatcher I and Police Dispatcher II may use up to twenty-four (24) hours. Those situations include, but are not limited to: attending school activities for child, attending court for custody proceedings, divorce proceedings, or other personal legal issues, etc.

No sick leave may be granted during the first thirty days of employment with the City.

Effective July 1, 2023, 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 December 31st of the prior calendar year.

Any employee who elects to convert accrued sick leave to compensation as provided 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 Depa rtment of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:

 Any sick leave conversion request must be in writing using the form provided by

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 22 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.
 All Sick leave conversion requests are irrevocable and cannot be changed or amended unless rescinded and received in writing in H uman Resources no later than December 1st of the calendar year prior to the conversion.  Employees who do not meet the requirements of using less than forty (40) hours of sick leave between January 1st and December 31st 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 shall be made by separate check two (2) times a year (first pay period in June and first pay period in November).

ARTICLE 365-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.

AB. 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 376-VACATION

Vacation shall accrue for employees based on the following schedule:

All employees may accrue vacation up to a maximum of five hundred hours (500)three (3) years of entitlement.of vacation leave. Any hours over the five hundred (500) will automatically be cashed out on the pay period that the maximum accrual is reached.

01 – 02 Years of service 80 Hours per year
03 – 05 Years of service 10096 Hours per year
06 – 10 Years of service 14028 Hours per year
11 – 16 Years of service 16036 Hours per year
17 + Years of service 180 Hours per yearOne additional day (8 hours) per year, up to a maximum of 176 hours per year

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 23 ARTICLE 387 - 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 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 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, 2022 to be paid on the first pay date in NovemberDecember 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 December 31stNovember 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 November December.

ARTICLE 398- BEREAVEMENT LEAVE

Employees may take up to five (5) days 30 hours per occurrence with pay in the event of a death a qualified family member. A qualified family member includes a spouse, child parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. of the following: mother, father, grandfather, grandmother, brother, sister, spouse, child, grandchild, and employee's spouse's father, mother, grandfath er, 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.

An employee will be eligible for this leave after they have completed thirty (30) days of Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 24 employment with the City prior to the commencement of the leave.

The five (5) days do not need to be taken consecutively; they can be used intermittently. If leave is used intermittently, it must be used within three (3) months of the family member’s date of death.

The City will consider a request for bereavement leave for the death of a member’s aunt or uncle on a case-by-case basis.

ARTICLE 4039 - 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 41 – PARENTAL LEAVE

The City shall provide all employees within the bargaining unit with up to eighty (80) hours of paid leave for the birth, adoption or foster placement of a child as outlined below:

 This leave does not extend any time used under Family Medical Lea ve Act (FMLA) or California Family Rights Act (CFRA);
 Time taken by employees under this article will run concurrently with leave under FMLA or CFRA;  Employees must have completed six (6) months of full-time City service after July 1, 2023 to be eligible for the leave;
 Employees are eligible for the leave regardless of gender, marital status or sexual orientation of the parent;  Employees who have adopted a child or had a foster child placed in their home are eligible if the child is age seventeen (17) years or younger;
 Employees may take this time consecutively or intermittently, but it must be used within one (1) year of the birth, adoption or foster placement of the child;
 Any additional time needed beyond the initial eighty (80) hours may be charged to sick leave, vacation, compensatory or floating holiday time;
 Employees must complete all leave paperwork required by the City and provide a copy to their supervisor and Human Resources at least one (1) week prior to taking the leave. Leave paperwork must require documentation to substantiate the request (i.e. birth certificate, foster placement agreement, etc.);  In no case will an employee receive more than eighty (80) hours of leave time within a twelve (12) month period, regardless of whether more than one (1) birth, adoption or foster care placement event occurs within the twelve (12) month period;
 City employees who are co-parents with another City employee will each be allowed eighty (80) hours of paid parental leave.

This article will be effective July 1, 2023 and will not be retroactively applied. All life events (birth, adoption, or fost er placement) must occur after July 1, 2023.

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 25 ARTICLE 420 - 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 431 - 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) 7/1/20232 - 6/30/20283 26 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.
11)

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 27 12)10)

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 6)

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 28 7)5) written response provided in Step 3 of the procedure. It shall be 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 442 - 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 453- 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

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 29 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.

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) 7/1/20232 - 6/30/20283 30 2.

3.1. 4.2. 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,

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 31 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 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

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 32 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.

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 464 - 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

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 33 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 475 - 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) 7/1/20232 - 6/30/20283 34 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 48 – UCEA RELEASE TIME
A. New Employee Orientations

In accordance with AB 119, Government Code §3555-3559, the City shall provide written notice to UCEA Representatives when a new employee is hired or promoted into the bargaining unit and provide reasonable release time for a UCEA Representative to meet with the new employee for the purpose of discussing membership in the UCEA. This new employee orientation should take place as promptly as possible on or after the first day of employment.

The City agrees to furnish each new employee in the bargaining unit with a copy of the MOU at the commencement of his/her employment. This copy may be in the form of direction to the City website so the employee may download a copy.

B. Representational Time Off

UCEA Board Members shall receive release time to attend monthly Board meetings without loss of compensation or other benefits.

Pursuant to relevant Government Code Sections, the City shall allow a maximum of seven (7) UCEA employee representatives release time without loss of compensation or other benefits while formally meeting and conferring with representatives of the City on matters within the scope of representation as defined in the Government Code; or as may be required to represent members pursuant to the Discipline or Grievance Procedure Article or other matters affecting their terms and conditions of employment; or as may be needed to participate in labor management committee meetings with the City; or as may be needed to attend new employee orientations under this Article. This time shall be scheduled in advance. UCEA agrees to notify the City two (2) days in advance of any meetings listed above, unless there is an emergency situation UCEA will notify the City as soon as possible of any release time needed. The City shall notify the employee’s supervisor of the release time needed from work.

C. Membership Release Time

UCEA members will be allowed release time with pay to attend one (1) annual membership meeting and any meetings needed for MOU ratification voting. Membership release time is without loss of compensation or other benefits.

UCEA shall endeavor to schedule any membership meetings around meal or break periods, or the start or end of work shifts, when possible, to minimize any disruption to City operations.

ARTICLE 496- 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

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 35 during the term of this MOU, unless mutually agreed to by both parties.

ARTICLE 5047 - 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 5148- 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 5249 - 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, 20232, and shall expire on June 30, 20283.

ARTICLE 530 - ZIPPER CLAUSE

During the term of this Agreement, the parties agree that negotiations cannot commence on any subject unless the parties mutually agree.

ARTICLE 541- PREVENTATIVE HEALTH
Employees in the unit may be reimbursed up to two hundred and fifty dollars ($25000) 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) 7/1/20232 - 6/30/20283 36 CITY OF UPLAND

______________________________________
Michael Blay, City Manager

__________________
Date

______________________________________
Stephen Parker, Assistant City Manager

__________________
Date

_______________________________________
Theresa Doyle, Deputy Director of Human
Resources/Risk Managementr

__________________
Date

UPLAND CITY EMPLOYEES ASSOCIATION

______________________________________
Wauniece DavisRick LeBlanc, UCEA President

__________________
Date

______________________________________
Curtis Clesceri, UCEA Secretary Lisa Turnbow, UCEA
Vice President

__________________
Date

______________________________________
Brian Vogelesang, UCEA Treasurer Wauniece Davis,
UCEA Secretary

__________________
Date

______________________________________
Devon Wright, UCEA Board DirectorSue Gutierrez, UCEA
Treasurer

__________________
Date

______________________________________
Butch Molina, UCEA Board Director

__________________
Date

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 37 APPENDIX A

Grade Classification Title

31 ACCOUNTANT I
35 ACCOUNTANT II
2035 ACCOUNTING TECHNICIAN
2026 ADMINISTRATIVE ASSISTANT
2232 ANIMAL SERVICES OFFICER
3139 BUILDING INSPECTOR I
3541 BUILDING INSPECTOR II
23 BUSINESS LICENSE INSPECTOR
3038 CODE ENFORCEMENT OFFICER
38 CRIME ANALYST TRAINEE
3245 CROSS CONNECTION CONTROL TECHNICIAN
1322 CUSTODIAN
1325 CUSTOMER SERVICE SPECIALIST I
1729 CUSTOMER SERVICE SPECIALIST II
2935 DEPUTY CITY CLERK
2330 DEVELOPMENT SERVICES TECHNICIAN I
27 DEVELOPMENT SERVICES TECHNICIAN II
3330 ENGINEERING TECHNICIAN
29 ENVIORNMENTAL COMPLIANCE INSPECTOR I
3334 ENVIRONMENTAL COMPLIANCE INSPECTOR

IICONTROL TECH II
2734 EQUIPMENT MECHANIC
2840 FACILITIES COORDINATOR
2436 FACILITIES TECHNICIANSPECIALIST
3538 FORENSIC TECHNICIANSPECIALIST
2939 GIS/CAD TECHNICIAN
3941 HOMELESS SERVICES COORDINATOR
28 HUMAN RESOURCES TECHNICIAN
3339 INFORMATION TEHCNOLOGY SPECIALISTTECHNICIAN
26 INVENTORY SPECIALIST/EQUIPMENT
37 LEAD POLICE DISPATCHER
33 LEAD EQUIPMENT MECHANIC
32 LEAD UTILITY WORKER (SEWER)
32 LEAD UTILITY WORKER (WATER)
31 LEAD WATER METER TECHNICIAN
39 LEAD WATER TREATMENT OPERATOR
1528 MAINTENANCE WORKER I
19 MAINTENANCE WORKER II
14 OFFICE ASSISTANT
16 PARKING CONTROL AIDE
2839 PAYROLL TECHNICIAN
47 PLANS EXAMINER
2531 POLICE DISPATCHER I (TRAINEE)

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 38 2935 POLICE DISPATCHER II
1421 POLICE RECORDS TECHNICIANSPECIALIST I (TRAINEE)
1825 POLICE RECORDS TECHNICIANSPECIALIST II
2327 POLICE SERVICE TECHNICIAN
25 PROPERTY & EVIDENCE CLERK
32 PUBLIC WORKS INSPECTOR I
36 PUBLIC WORKS INSPECTOR II
26 RECREATION COORDINATOR
41 SENIOR ACCOUNTANT
26 SENIOR ACCOUNTING TECHNICIAN
26 SENIOR ADMINISTRATIVE ASSISTANT
36 RECREATION COORDINATOR
4146 SENIOR BUILDING INSPECTORSENIOR 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
23 SENIOR CUSTOMER SERVICE SPECIALIST
24 SENIOR POLICE RECORDS TECHNICIAN
45 SENIOR PUBLIC WORKS INSPECTOR
34 SENIOR WATER METER TECHNICIAN
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
2234 UTILITY SYSTEM WORKER I (SEWERWATER)
22 UTILITY WORKER I (WATER)
2634 UTILITY SYSTEM WORKER II (SEWER)
26 UTILITY WORKER II (WATER)
20 UTILITY WORKER TRAINEE (SEWER)
2029 UTILITY SYSTEM WORKER TRAINEE (WATER-TRAINEE)
29 UTILITY SYSTEM WORKER (SEWER-TRAINEE)
19 WAREHOUSE AND INVENTORY TECHNICIAN
2530 WATER METER TECHNICIAN
2937 WATER TREATMENT OPERATOR I
33 WATER TREATMENT OPERATOR II

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 39

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 40 APPENDIX B

Formatted: Font: 12.5 pt

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 41 APPENDIX B – Cont’d: Formatted: Font: Bold, Underline

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 42 APPENDIX B – Cont’d:

Formatted: Font: 12.5 pt

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 43 Formatted: Font: Bold, Underline

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 44 Formatted: Font: 12.5 pt

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 45

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 46

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 47

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 48

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 49

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 50

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 51

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 52

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 53

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 54

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 55

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 56

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 57

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 58

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 59

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 60

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 61

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 62

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 63

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 64

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 65

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 66

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 67

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 68

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 69

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 70

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 71

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 72

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 73

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 74

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 75

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 76

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 77

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 78

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 79

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 80

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 81

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 82

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 83

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 84

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 85

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 86

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 87

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 88

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 89

Upland City Employees Association (UCEA) 7/1/20232 - 6/30/20283 90

MEMORANDUM OF UNDERSTANDING (M.O.U.) BETWEEN

THE CITY OF UPLAND
AND

THE UPLAND CITY EMPLOYEES ASSOCIATION

July 1, 2023 to June 30, 2028

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 - PERSONN EL FILES ................................................................................................ 4 ARTICLE 10 – STEP INCREASES ....................................................................................................... 5 ARTICLE 11 - RETIREMENT BENEFITS ..................................................................................... 6 ARTICLE 12 - HEALTH INSURANCE - CAFETERIA PLAN ......................................................... 7 ARTICLE 13 - HEALTH INSURANCE WHILE ON WORKERS' COMP ....................................... 8 ARTICLE 14 -RETIREE HEALTH INSURANCE REIMBURSEMENT .......................................... 9 ARTICLE 15 - RETIREE HEALTH SAVINGS ACCOUNTS .......................................................... 9 ARTICLE 16 -LIFE INSURANCE .................................................................................................. 10 ARTICLE 17 -LONG TERM DISABILITY INSURANCE ................................................................ 10 ARTICLE 18- DEFERRED COMPENSATION ............................................................................... 10 ARTICLE 19- BILINGUAL PAY ...................................................................................................... 10 ARTICLE 20 - CALL BACK PAY ................................................................................................... 11 ARTICLE 21 - COMMERCIAL DRIVER'S LICENSE PHYSICAL EXAM ...................................... 11 ARTICLE 22 - EDUCATION INCENTIVE ...................................................................................... 11 ARTICLE 23- TUITION REIMBURSMENT ................................................................................... 11 ARTICLE 24 - HIGHER CLASSIFICATION WORK AND SPECIAL DUTY .................................. 12 ARTICLE 25 - LONGEVITY PAY ................................................................................................... 12 ARTICLE 26- MATRON PAY ......................................................................................................... 13 ARTICLE 27 - MERITORIOUS PAY ............................................................................................. 13 ARTICLE 28 -OVERTIME PAY/COMPENSATORY TIME OFF ................................................... 14

ARTICLE 29 - STANDBY .............................................................................................................. 15 ARTICLE 30- UNIFORMS ............................................................................................................. 16 ARTICLE 31- WATER CERTIFICATION TRAINING .................................................................... 17 ARTICLE 32 - WORK BOOTS ...................................................................................................... 18 ARTICLE 33 - HOLIDAYS ............................................................................................................. 19 ARTICLE 34- FLOATING HOLIDAYS ........................................................................................... 20 ARTICLE 35- SICK LEAVE ........................................................................................................... 20 ARTICLE 36- SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT .................................. 21 ARTICLE 37-VACATION ............................................................................................................... 21 ARTICLE 38-VACATION BUYBACK ............................................................................................ 21 ARTICLE 39- BEREAVEMENT LEAVE ........................................................................................ 22 ARTICLE 40 - FMLA AND CFRA .................................................................................................. 22 ARTICLE 41 – PARENTAL LEAVE ...................................................................................................... 23 ARTICLE 42 - HOURS OF WORK ................................................................................................ 23 ARTICLE 43-GRIEVANCE PROCEDURE .................................................................................... 24 ARTICLE 44 - DISCIPLINARY PROCEDURE .............................................................................. 26 ARTICLE 45- LAYOFF PROCEDURES ........................................................................................ 27 ARTICLE 46 - BULLETIN BOARDS .............................................................................................. 31 ARTICLE 47 – ASSOCIATION DUES DEDUCTION & REPRESENTATION ............................... 31 ARTICLE 48 – UCEA RELEASE TIME ................................................................................................. 32 ARTICLE 49- PREVAILING BENEFITS ......................................................................................... 33 ARTICLE 50 - SAVINGS CLAUSE ................................................................................................ 33 ARTICLE 51-QUARTERLY PERSONNEL REPORT .................................................................... 33 ARTICLE 52 -TERM OF AGREEMENT ........................................................................................ 33 ARTICLE 53-ZIPPER CLAUSE ..................................................................................................... 33 ARTICLE 54 PREVENTATIVE HEALTH ....................................................................................... 34

Upland City Employees Association (UCEA) 7/1/23 to 6/30/28 1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF UPLAND
AND

THE UPLAND CITY EMPLOYEES ASSSOCIATION (UCEA)
JULY 1, 2023-JUNE 30, 2028

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) 7/1/2023 - 6/30/2028 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 /1/2023- 6/30/2028 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, w here 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) workdays 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 /1/2023- 6/30/2028 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 to employees in the unit:

A. A five percent (5%) COLA increase in base salary , effective June 25, 2023 B. A two percent (2%) COLA increase in bas e salary, effective June 23, 2024 C. A two percent (2%) COLA increase in base salary, effective December 8, 2024 D. A two percent (2%) increase in base salary, effective June 22, 2025 E. A two percent (2%) COLA increase in base salary, effective December 7, 2025 F. A three percent (3%) COLA increase in base salary, effective June 21, 2026 G. A three percent (3%) COLA increase in base salary, effective June 20, 2027 .

The City will issue a one-time payment for Essential Worker Premium Pay of up to five thousand dollars ($5,000) to each employee who was physically reported to work and has been actively employed by the City during the time period of July 1, 2022, through June 30, 2023, 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 2023/2024. 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 ha ve been employed with the City during April 1, 202 1, through March 31, 2022. 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 em ployee hired on August 16, 2022, will receive a payment of $4,166.60 (10 months times $416.66). 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 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 tha t the information is not

Upland City Employees Association (UCEA) 7 /1/2023- 6/30/2028 5 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 information provided the City with the specif ic request that it remain confidential shall not be subject to inspection or copying.

ARTICLE 10 – STEP INCREASES
Step increases shall not be automatic but will be contingent on an annual Performance Appraisal. No step increase shall be made to exceed the maximum rate established for the position.

Employees receiving an overall rating on their Performance Appraisal of “Meets Standards” or “Exceeds Standards” shall receive merit increases within their base salary range, as provided for below:
 Supervisors will provide employees with Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date, they will process the Personnel Action form for the step increase.  Supervisors will provide employees with Performance Appraisal by the due date provide by Human Resources. Should the supervisor fail to complete the evaluation by the due date, they will have thirty (30) days from the due date provided by Hunan Resources to complete. During the thirty (30) day period, the employee shall not receive the merit increase until Human Resources receives the Performance Appraisal. Once received Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.  Should the supervisor fail to provide employee with a Performance Appraisal during the thirty (30) day period, the employee will notify Human Resources. Human Resources will confirm this information with the Department Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appraisal was originally due.
 If the employee receives an overall rating of “Below Standards” the step may be denied or suspended for a maximum of three (3) months. Within the three (3) month period, the supervisor/manager must re-evaluate the employee. If the new evaluation indicates the employee overall rating is “Meets Standards” , the merit increase shall be granted, retroactive to the original merit increase date. If the employee is not re-evaluated within the three (3) month period, the employee shall be deemed to be meeting job standards and shall be granted the merit increase retroactive to the original merit increase date.

Appeal Process
An employee may appeal the content of the Performance Appraisal with an overall rating of “Below Standards” to the Department Head.

The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their decision in writing within thirty (30) calendar days of the information provided by the employee. The Department Head’s decision is final on the content and overall rating of the Performance Appraisal.

Upland City Employees Association (UCEA) 7 /1/2023- 6/30/2028 6 In the case where the employee reports directly to the Department Head, they may appeal to the City Manager. The City Manager’s decision on the content and overall rating of the Performance Appraisal is final.

ARTICLE 11 - 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 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, 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 /1/2023- 6/30/2028 7 ARTICLE 12- 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, 2024 - $1,500
b. Effective January 1, 2025 - $1,700
c. Effective January 1, 2026 - $1,900
d. Effective January 1, 2027 - $2,000
e. Effective January 1, 2028 - $2,100

The City will issue a one-time payment in the amount of six hundred dollars ($600) to employees hired on or after March 1, 2016, who are enrolled in an Employee plus one plan to offset the

Upland City Employees Association (UCEA) 7 /1/2023- 6/30/2028 8 cost of coverage. This payment will be issued in the same check as the Essential Worker Premium Pay.

Employees hired on or after March 1, 2016, will re ceive 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) . The
cost for this coverage will not exceed
the amounts stated above.

Employee plus one

The amount to cover the lowest cost
plans for health, dental and vision
(Kaiser HSA excluded). The cost for
this coverage will not exceed the
amounts stated above.

Family

The maximum benefit of as stated
above for the plan year.

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 employer limit) 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 13- 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.

Upland City Employees Association (UCEA) 7 /1/2023 - 6/30/2028 9 ARTICLE 14- 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.

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 15- RETIREE HEALTH SAVINGS ACCOUNTS

Retirement Health Savings (RHS) accounts will be established and 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.

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 /1/2023 - 6/30/2028 10 ARTICLE 16 - 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 17 - 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 18 - 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 19- 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 bilingu al 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.

Upland City Employees Association (UCEA) 7 /1/2023 - 6/30/2028 11 ARTICLE 20-CALL BACK PAY

Employees will be paid time and one half (1 ½), for a minimum of two (2) hours, if called out after regular hours and the employee has worked over forty (40) hours in a week. This pay applies if the employee is called to work and the situation was not known in advance.

Call back pay will be paid in accordance with Article 27 – Overtime Pay/Compensatory Time Off. There will be no pyramiding of overtime.

ARTICLE 21 - 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 22 - EDUCATION INCENTIVE

The City agrees to pay additional compensation over an employee’s base salary for a job-related degree above the minimum requirements required of an employee’s position.

The degree must be related to the employee’s employment with the City. For example:

The minimum degree qualification for Accountant is graduation from a four -year college or university with a major in accounting or closely related field. An employee who presents a Master’s Degree in Library Sciences would not be eligible for the Education Incentive Pay as the degree does not relate to their duties as an Accountant.

Education Incentive Pay will be paid per pay period in accordance with the following schedule:

AA/AS 2.5% above base salary
BA/BS 5% above base salary
MA/MS 7.5% above base salary

Employees are only eligible for one incentive pay and incentive pays are not stackable.

Employees hired prior to July 1, 2023, who have a degree that is above the minimum requirements required of the employee’s position but is not job-related will be eligible for two and a half percent (2.5%) additional compensation over an employee’s base salary .

This additional compensation will be paid per pay period.

ARTICLE 23 – 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.

Upland City Employees Association (UCEA) 7 /1/2023 - 6/30/2028 12 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 t o 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 education, or area development shall not be considered as time worked and should not occur during regular work hours.

ARTICLE 24 - HIGHER CLASSIFICATION WORK AND SPECIAL ASSIGNMENT

A. Higher Classification Duty 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 Maintenance Coordinator, said appointment shall be requested in writing by the appropriate Depart ment Head and submitted to the Human Resources Office .

The employee will receive pay in the amount of five percent (5%) additional of the current classification or step 1 of the higher classification (whichever is higher) after working in the higher classification five (5) working days in any calendar year.

Higher classification duty assignment pay will be restricted to no more than twelve (12) month limit. In extenuating circumstances, the Department Head may request an extension of the higher classification duty assignment past the twelve (12) month limit. This request must be made in writing to the City Manager with justification as to why an extension is needed. The extension must include the date the higher classification duty assignment pay will expire.

B. Training Pay/Special Projects

Employees assigned by the Department Head to train employees in the same or lower classifications or assigned to a special project will receive Special Assignment Pay in the amount of five percent (5%) of base salary for no more than twelve (12) months unless a longer period is requested by the Department Head and approved by Human Resources.

Department Heads will need to send a memo with justification to the Human Resources Division to process the request f or Training Pay or Special Project Pay. There is no five (5) day waiting period for employees assigned to train or work on a special project by the Department Head.

ARTICLE 25- LONGEVITY PAY

Employees in the unit who meet the requirements below will receive longevity pay in the following amounts:

Upland City Employees Association (UCEA) 7 /1/2023 - 6/30/2028 13  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 26- 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 27- 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.

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 l ump 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.

Upland City Employees Association (UCEA) 7 /1/2023 - 6/30/2028 14 ARTICLE 28- 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 employe es within the affected classification and among those desiring to do 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 establ ished 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 overti me 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. There will be no pyramiding of overtime. For Example: Employee works forty (40) hours of regular time during their work week. An Employee is on standby is called back to work for eight (8) hours of standby on a Friday, which is also an official fixed holiday, the employee will be paid at the rate of one and one -half (1 ½) the basic rate for the eight (8) hours.

Employees may request overtime compensation in the form of compensatory time off from the supervisor 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 supervisor, 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 Dispatcher I or Police Dispatcher II 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 /1/2023 - 6/30/2028 15 ARTICLE 29 - 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 and Police Dispatcher II) 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 their 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. Employees who are on vacation will not be eligible for standby duty and will not be placed on the schedule for standby duty.

Any employee who is called back to work who is on standby shall be paid in accordance with Article 27 Overtime Pay/Compensatory Time Off 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. There will be no pyramiding of overtime.

Standby pay shall be paid at the rate of fifty dollars ($50) per day for days in which an employee is regularly scheduled to wor k. On days that an employee is not regularly scheduled to work they will receive one hundred seventy -five dollars ($175) per day.

Example 1: Employee’s regular schedule is Monday through Thursday. The employee is assigned standby for Monday through Wed nesday, the employee will receive fifty dollars ($50) per day for a total of one hundred and fifty dollars ($150) of standby pay.

Example 2: Employee’s regular schedule is Tuesday through Friday. The employee is

Upland City Employees Association (UCEA) 7 /1/2023 - 6/30/2028 16 assigned standby for Monday , the employee will receive one hundred seventy-five dollars ($175) per day.

Example 3: Employee’s regular schedule is Wednesday through Saturday. The employee is assigned to standby for Monday through Wednesday. The employee will receive one hundred seventy-five dollars ($175) per day for Monday and Tuesday and will receive fifty dollars ($50) for Wednesday for a total of four hundred dollars ($400) of standby pay.

Example 4: During the holiday closure (December 25 – January 1), if an employee is assigned to standby the employee will receive on hundred seventy -five dollars ($175) for each day of standby they are assigned during the holiday closure.

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).

Non-sworn employees in the Police Department who are required to be on standby for Court will receive $50 per day.

A. On-Call Duty for Police Dispatchers

Police Management may, at its discretion, place employees in the classification of Police Dispatcher I or Police Dispatcher II in an on-call duty when it is in the best interest of the organization. In the event that a dispatch employee is placed in an on-call status, 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 days that an employee is not regularly scheduled to work (including holidays and during any holiday closure) they will receive on -call duty pay in the amount of one hundred seventy-five dollars ($175) per day.

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 ov ertime shifts.

Police Dispatcher I and Police Dispatcher II 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 with in one (1) hour of notification during any on -call period.

ARTICLE 30 - 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: Business License Inspector and Building Inspector I/II.

Upland City Employees Association (UCEA) 7 /1/2023 - 6/30/2028 17 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, Forensic Technician, Homeless Services Coordinator, Parking Control Aide, Police Dispatcher I, Police Dispatcher II, Police Records Technician I, Police Records Technician II, Police Services Technician, and Senior Police Records 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 31 - 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 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%)
Lead Water Treatment Operator T3, D3 OSHA compliant
Hazardous Waste
Operations and Emergency
Response (HAZWOPER)
confined space entry, Self-
Contained Breathing
Apparatus (SCBA), CPR,
and First Aid Certificate
T 4-5 or D4 (Max 10%)
Water Treatment Operator I Tl, DI OSHA compliant
Hazardous Waste
Operations and Emergency
Response (HAZWOPER)
confined space entry, Self-
Contained Breathing
Apparatus (SCBA), CPR,
and First Aid Certificate
D-2,T 2-3 (Max 10%)

Upland City Employees Association (UCEA) 7 /1/2023 - 6/30/2028 18 Water Treatment Operator II T-2, D-2 OSHA compliant
Hazardous Waste
Operations and Emergency
Response (HAZWOPER)
confined space entry, Self-
Contained Breathing
Apparatus (SCBA), CPR,
and First Aid Certificate
T-3 or D-3 (Max of 10%)
Lead Utility Worker (Water) D3 T-1 D 4-5 or T2-3 or
“Collections” Grade 4
(Max 10%)
Utility Worker I (Water) D1 D 2-3 or T 2-3 (Max 10%)
Utility Worker II (Water) D1 D2 D3 or T 1-2 (Max 10%)
Utility Worker I (Sewer) “Wastewater
Collections" Grade 1
D 2-3 or “Collections”
Grade 2-3 (Max 10%)
Utility Worker II (Sewer) “Wastewater
Collections”
Grade 1
“Wastewater
Collections” Grade 2
“Wastewater Collections”
Grade 3 or D 1-2 (Max
10%)
Lead Utility Worker (Sewer) D1, “Collections
Grade 3”
T 2-3 or D2-3 or
“Collections” Grade 4
(Max 10%)
Lead Water Meter Technician D-1 D2 No certification pay Water Meter Technician D1 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 32 – WORK BOOTS

The City will provide an allowance for work boots, up to two hundred dollars ($200) per pair, for the following classifications:

Animal Services Officer
Business License Inspector
Building Inspector I/II
Code Enforcement Officer
Custodian
Equipment Mechanic
Environmental Compliance
Inspector I/II,
Facilities Coordinator
Facilities Technician,
Forensic Technician
IT Specialist
Lead Equipment Mechanic
Lead Utility Worker (Water and
Sewer)
Lead Water Treatment Operator
Lead Water Meter Technician
Maintenance Coordinator
Maintenance Worker I/II
Parking Control Aide
Police Service Technician
Public Works Inspector I/II
Water Meter Technician
Utility Worker I/II (Water and

Upland City Employees Association (UCEA) 7 /1/2023 - 6/30/2028 19 Sewer)
Warehouse and Inventory
Technician

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 33 - 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 and Police Dispatcher II will receive twelve (12) hours of holiday pay.

For employees who work a traditional Monday through Thursday schedule, 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 official fixed holiday.

Employees who work an alternative schedule, i.e., Tuesday through Friday or Wednesday through Saturday, will recognize the actual 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. Employees in the classifications of Police Dispatcher I and Police Dispatcher II will receive time and one half in addition to regular pay for up to twelve (12) hours worked.

Holiday pay will be paid in accordance with Article 27 – Overtime Pay/Compensatory Time Off. There will be no pyramiding of overtime.

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

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 20 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 will receive compensation that will cover their absence from work from December 25th through January 1st. The employee must be in a paid status as stated previously above to receive this holiday compensation.

In the years where the City holiday clos ure 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 closure will receive regular pay up to ten (10) hours worked and a comp time contribution equal to the number of compensable hours worked, with a maximum allowable amount of forty (40) hours. Employees in the classifications of Police Dispatcher I and Police Dispatcher II will receive regular pay for up to twelve (12) hours worked.

ARTICLE 34-FLOATING HOLIDAYS

Employees in the unit shall receive twenty (20) 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 period for December.

ARTICLE 35 - 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. Employees may use up to twenty (20) hours of sick leave for personal necessity situations. Employees in the position of Police Dispatcher I and Police Dispatcher II may use up to twenty -four (24) hours. Those situations include, but are not limited to: attending school activities for child, attending court for custody proceedings, divorce proceedings, or other personal legal issues, etc.

No sick leave may be granted during the first thirty days of employment with the City.

Effective July 1, 2023, 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 December 31 st of the prior calendar year.

Any employee who elects to convert accrued sick leave to compensation as provided 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 Depa rtment of Treasury, Internal Revenue Service (IRS) Section 1.451-1(a), must comply with the following:

 Any sick leave conversion request must be 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.
 All Sick leave conversion requests are irrevocable and cannot be changed or

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 21 amended unless rescinded and received in writing in Human Resources no later than December 1st of the calendar year prior to the conversion.  Employees who do not meet the requirements of using less than forty (40) hours of sick leave between January 1st and December 31st of the prior calendar year will not be eligible 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 conversion shall be made by separate check two (2) times a year (first pay period in June and first pay period in November).

ARTICLE 36-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 37-VACATION

Vacation shall accrue for employees based on the following schedule:

All employees may accrue vacation up to a maximum of five hundred hours (500).of vacation leave. Any hours over the five hundred (500) will automatically be cashed out on the pay period that the maximum accrual is reached.

ARTICLE 38 - 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 Treasury, Internal Revenue Service (IRS) Section 4.451-1(a), must comply with the following:

01 – 02 Years of service 80 Hours per year
03 – 05 Years of service 100 Hours per year
06 – 10 Years of service 140 Hours per year
11 – 16 Years of service 160 Hours per year
17 + Years of service 180 Hours per year

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 22  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.
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 November.
 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 December 31st 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 November.

ARTICLE 39- BEREAVEMENT LEAVE

Employees may take up to five (5) days per occurrence with pay in the event of a death a qualified family member. A qualified family member includes a spouse, child parent, sibling, grandparent, grandchild, domestic partner, or parent -in-law. Adoptive relatives and step relatives shall count the same as relatives by birth.

An employee will be eligible for this leave after they have completed thirty (30) days of employment with the City prior to the commencement of the leave.

The five (5) days do not need to be taken consecutively; they can be used intermittently. If leave is used intermittently, it must be used within three (3) months of the family member’s date of death.

The City will consider a request for bereavement leave for the death of a member’s aunt or uncle on a case-by-case basis.

ARTICLE 40 - 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) 7/1/2023 - 6/30/2028 23 ARTICLE 41 – PARENTAL LEAVE

The City shall provide all employees within the bargaining unit with up to eighty (80) hours of paid leave for the birth, adoption or foster placement of a child as outlined below:

 This leave does not extend any time used under Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA);
 Time taken by employees under this article will run concurrently with leave under FMLA or CFRA;  Employees must have completed six (6) months of full-time City service after July 1, 2023 to be eligible for the leave;
 Employees are eligible for the leave regardless of gender, marital status or sexual orientation of the parent;  Employees who have adopted a child or had a foster child placed in their home are eligible if the child is age seventeen (17) years or younger;
 Employees may take this time consecutively or intermittently, but it must be used within one (1) year of the birth, adoption or foster placement of the child;
 Any additional time needed beyond the initial eighty (80) hours may be charged to sick leave, vacation, compensatory or floating holiday time;
 Employees must complete all leave paperwork required by the City and provide a copy to their supervisor and Human Resources at least one (1) week prior to taking the leave. Leave paperwork must require documentation to substantiate the request (i.e. birth certificate, foster placement agreement, etc.);  In no case will an employee receive more than eighty (80) hours of leave time within a twelve (12) month period, regardless of whether more than one (1) birth, adoption or foster care placement event occurs within the twelve (12) month period;
 City employees who are co-parents with another City employee will each be allowed eighty (80) hours of paid parental leave.

This article will be effective July 1, 2023 and will not be retroactively applied. All life events (birth, adoption, or foster placement) must occur after July 1, 2023.

ARTICLE 42 - 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.

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 24 ARTICLE 43 - 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.

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.

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 25 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 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.

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

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 26 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 written response provided in Step 3 of the procedure. It shall be 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 44 - 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.

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 27 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 workdays 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 45- 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 lay off 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.

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.

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 28 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 lay off 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.

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

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 29 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 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 class ification 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

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 30 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.

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.

I. Retraining- The City will make reasonable efforts to provide retraining opportunities

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 31 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 46 - 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 lunchroom
Public Works lunchroom
Fleet Maintenance
Police Department first floor lunchroom
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 UCEA.

The UCEA will not post information, which is defamatory, derogatory, or obscene.

ARTICLE 47 - 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, UCEA shall refund to the City of Upland any amounts paid in error, upon

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 32 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 time.

ARTICLE 48 – UCEA RELEASE TIME
A. New Employee Orientations

In accordance with AB 119, Government Code §3555-3559, the City shall provide written notice to UCEA Representatives when a new employee is hired or promoted into the bargaining unit and provide reasonable release time for a UCEA Representative to meet with the new employee for the purpose of discussing membership in the UCEA. This new employee orientation should take place as promptly as possible on or after the first day of employment.

The City agrees to furnish each new employee in the bargaining unit with a copy of the MOU at the commencement of his/her employment. This copy may be in the form of direction to the City website so the employee may download a copy.

B. Representational Time Off

UCEA Board Members shall receive release time to attend monthly Board meetings without loss of compensation or other benefits.

Pursuant to relevant Government Code Sections, the City shall allow a maximum of seven (7) UCEA employee representatives release time without loss of compensation or other benefits while formally meeting and conferring with representatives of the City on matters within the scope of representation as defined in the Government Code; or as may be required to represent members pursuant to the Discipline or Grievance Procedure Article or other matters affecting their terms and conditions of employment; or as may be needed to participate in labor management committee meetings with the City; or as may be needed to attend new

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 33 employee orientations under this Article. This time shall be scheduled in advance. UCEA agrees to notify the City two (2) days in advance of any meetings listed above, unless there is an emergency situation UCEA will notify the City as soon as possible of any release time needed. The City shall notify the employee’s supervisor of the release time needed from work.

C. Membership Release Time

UCEA members will be allowed release time with pay to attend one (1) annual membership meeting and any meetings needed for MOU ratification voting. Membership release time is without loss of compensation or other benefits.

UCEA shall endeavor to schedule any membership meetings around meal or break periods, or the start or end of work shifts, when possible, to minimize any disruption to City operations.

ARTICLE 49- 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 50 - 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 51- 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 me mbers will be provided. Also, a system will be jointly developed by the City and UCEA for the disclosure of employee addresses.

ARTICLE 52 - 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, 2023, and shall expire on June 30, 2028.

ARTICLE 53 - ZIPPER CLAUSE

During the term of this Agreement, the parties agree that negotiations cannot commence

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 34 on any subject unless the parties mutually agree.

ARTICLE 54- PREVENTATIVE HEALTH
Employees in the unit may be reimbursed up to two hundred and fifty dollars ($250) 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) 7/1/2023 - 6/30/2028 35 CITY OF UPLAND

______________________________________
Michael Blay, City Manager

__________________
Date

______________________________________
Stephen Parker, Assistant City Manager

__________________
Date

_______________________________________
Theresa Doyle, Deputy Director of Human
Resources/Risk Management

__________________
Date

UPLAND CITY EMPLOYEES ASSOCIATION

______________________________________
Wauniece Davis, UCEA President

__________________
Date

______________________________________
Curtis Clesceri, UCEA Secretary ,

__________________
Date

______________________________________
Brian Vogelesang, UCEA Treasurer

__________________
Date

______________________________________
Devon Wright, UCEA Board Director

__________________
Date

______________________________________
Butch Molina, UCEA Board Director

__________________
Date

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 36 APPENDIX A

Grade Classification Title

31 ACCOUNTANT I
35 ACCOUNTANT II
20 ACCOUNTING TECHNICIAN
20 ADMINISTRATIVE ASSISTANT
22 ANIMAL SERVICES OFFICER
31 BUILDING INSPECTOR I
35 BUILDING INSPECTOR II
23 BUSINESS LICENSE INSPECTOR
30 CODE ENFORCEMENT OFFICER
32 CROSS CONNECTION CONTROL TECHNICIAN
13 CUSTODIAN
13 CUSTOMER SERVICE SPECIALIST I
17 CUSTOMER SERVICE SPECIALIST II
29 DEPUTY CITY CLERK
23 DEVELOPMENT SERVICES TECHNICIAN I
27 DEVELOPMENT SERVICES TECHNICIAN II
33 ENGINEERING TECHNICIAN
29 ENVIORNMENTAL COMPLIANCE INSPECTOR I
33 ENVIRONMENTAL COMPLIANCE INSPECTOR II
27 EQUIPMENT MECHANIC
28 FACILITIES COORDINATOR
24 FACILITIES TECHNICIAN
35 FORENSIC TECHNICIAN
29 GIS TECHNICIAN
39 HOMELESS SERVICES COORDINATOR
28 HUMAN RESOURCES TECHNICIAN
33 INFORMATION TEHCNOLOGY SPECIALIST
33 LEAD EQUIPMENT MECHANIC
32 LEAD UTILITY WORKER (SEWER)
32 LEAD UTILITY WORKER (WATER)
31 LEAD WATER METER TECHNICIAN
39 LEAD WATER TREATMENT OPERATOR
15 MAINTENANCE WORKER I
19 MAINTENANCE WORKER II
14 OFFICE ASSISTANT
16 PARKING CONTROL AIDE
28 PAYROLL TECHNICIAN
25 POLICE DISPATCHER I
29 POLICE DISPATCHER II
14 POLICE RECORDS TECHNICIAN I
18 POLICE RECORDS TECHNICIAN II
23 POLICE SERVICE TECHNICIAN
32 PUBLIC WORKS INSPECTOR I
36 PUBLIC WORKS INSPECTOR II
26 RECREATION COORDINATOR
41 SENIOR ACCOUNTANT
26 SENIOR ACCOUNTING TECHNICIAN

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 37 26 SENIOR ADMINISTRATIVE ASSISTANT
41 SENIOR BUILDING INSPECTOR
23 SENIOR CUSTOMER SERVICE SPECIALIST
24 SENIOR POLICE RECORDS TECHNICIAN
22 UTILITY WORKER I (SEWER)
22 UTILITY WORKER I (WATER)
26 UTILITY WORKER II (SEWER)
26 UTILITY WORKER II (WATER)
20 UTILITY WORKER TRAINEE (SEWER)
20 UTILITY WORKER TRAINEE (WATER)
19 WAREHOUSE AND INVENTORY TECHNICIAN
25 WATER METER TECHNICIAN
29 WATER TREATMENT OPERATOR I
33 WATER TREATMENT OPERATOR II

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 38 APPENDIX B

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 39

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 40

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 41

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 42

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 43

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 44

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 45

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 46

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 47

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 48

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 49

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 50

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 51

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 52

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 53

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 54

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 55

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 56

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 57

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 58

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 59

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 60

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 61

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 62

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 63

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 64

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 65

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 66

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 67

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 68

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 69

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 70

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 71

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 72

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 73

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 74

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 75

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 76

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 77

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 78

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 79

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 80

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 81

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 82

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 83

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 84

Upland City Employees Association (UCEA) 7/1/2023 - 6/30/2028 85

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, 2027.

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 Deputy Director of Human Resources/Risk Management 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 July 1, 2023.

PASSED, APPROVED and ADOPTED this 12th day of June, 2023.

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 12th day of June, 2023, 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 EMPLOYEES ASSOCIATION

July 1, 20232 to June 30, 20273

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 ...................................................... 910 ARTICLE 11 - DEFERRED COMPENSATION .................................................................... 910 ARTICLE 12-TUITION REIMBURSEMENT............................................................................ 10 ARTICLE 13 – EDUCATION INCENTIVE .............................................................................. 10 ARTICLE 143-LONGEVITY PAY ........................................................................................ 1011 ARTICLE 154 - MERITORIOUS PAY ................................................................................. 1011 ARTICLE 15 16 – BILINGUAL PAY ....................................................................................... 11 ARTICLE 17 – NOTARY PAY ................................................................................................. 12 ARTICLE 186-PREVENTATIVE HEALTH BENEFIT ......................................................... 1112 ARTICLE 1719-UNIFORM ALLOWANCE.......................................................................... 1112 ARTICLE 1820-WORK BOOTS .......................................................................................... 1213 ARTICLE 21 – OVERTIME/COMPENSATORY TIME............................................................ 13 ARTICLE 1922- WATER CERTIFICATION TRAINING PAY ............................................. 1214 ARTICLE 2023- HOLIDAYS - FLOATING HOLIDAYS ...................................................... 1215 ARTICLE 21 24 - EXECUTIVE LEAVE ............................................................................ 1416 ARTICLE 2225- SICK LEAVE BUYBACK ......................................................................... 1416 ARTICLE 23 26 - SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT .................. 147 ARTICLE 2427- VACATION ................................................................................................. 157 ARTICLE 2528- VACATION BUYBACK .............................................................................. 157 ARTICLE 296- BEREAVEMENT LEAVE ............................................................................. 186

ARTICLE 30 – PARENTAL LEAVE ................................................................................................. 19 ARTICLE 27 31 - QUARTERLY PERSONNEL REPORTS .................................................169 ARTICLE 2832- LAYOFF PROCEDURE .......................................................................... 1719 ARTICLE 2933- PREVAILING BENEFITS ........................................................................ 2023 ARTICLE 30 34 - SAVINGS CLAUSE ............................................................................... 2023 ARTICLE 3135-TERM OF AGREEMENT .......................................................................... 2023 ARTICLE 3236-ZIPPER CLAUSE ...................................................................................... 2123 ARTICLE 37 – STEP INCREASES ........................................................................................ 23

Upland Mid-Management Employees Association 7/1/232-6/30/273 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 7/1/232-6/30/273 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 five percent (4.55%) COLA increase in base salary, effective June 25, 2023.
b. all employees in this unit shall receive a two percent (2%) COLA increase in base salary, effective June 23, 2024
c. all employees in this unit shall receive a two percent (2%) COLA increase in base salary, effective December 8, 2024.
d. all employees in this unit shall receive a two percent (2%) COLA increase in base salary, effective, June 22, 2025
e. all employees in this unit shall receive a two percent (2%) COLA increase in base salary, effective December 7, 2025
f. all employees in this unit shall receive a three percent (3%) COLA increase in base salary, effective June 21, 2026

Upland Mid-Management Employees Association 7/1/232-6/30/273 6 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 five thousand dollars ($4,5005,000) 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, 2020July 1, 2022, through March 31, 2021June 30, 2023. An employee who was hired after the 15 th 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, 2020August 16, 2022, will receive a payment of $3,7504,166.66 (10 months times $375416.66).

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.

Upland Mid-Management Employees Association 7/1/232-6/30/273 7 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.

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.

Upland Mid-Management Employees Association 7/1/232-6/30/273 8 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
to cover the lowest cost plans
for health, dental and vision
(Kaiser HSA excluded) the cost
for this coverage will not
exceed the amounts for the
plan year as stated above.

• Employee plus one The amount to cover the
lowest cost plans for health,
dental and vision (Kaiser HSA
excluded) the cost for this
coverage will not exceed the
amounts for the plan year as
stated above.
• Family
Employee plus one
allocation as stated above
for the plan year.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

Upland Mid-Management Employees Association 7/1/232-6/30/273 9 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.

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 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 7/1/232-6/30/273 10 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.

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 – EDUCATION INCENTIVE

The City agrees to pay additional compensation over an employee’s base salary for a job- related degree above the minimum requirements required of an employee’s position.

The degree must be related to the employee’s employment with the City. For example :

The minimum degree qualification for Information Technology Manager is education equivalent to a Bachelor’s Degree from an accredited college or university with major coursework in computer science, management information systems, or a related field. A n employee who presents a Master’s Degree in Psychology would not be eligible for the Education Incentive Pay as the degree does not relate to their duties as Information

Upland Mid-Management Employees Association 7/1/232-6/30/273 11 Technology Manager. Education Incentive Pay will be paid per pay period in accordance with the following schedule:

AA/AS 2.5% above base salary
BA/BS 5% above base salary
MA/MS 7.5% above base salary

ARTICLE 14-LONGEVITY PAY

Employees in the unit with ten (10) years or more of continuous City service will receive a two- and one-half percent (2.5%) increase in base salary.

Employees in the unit with fifteen (15) years or more of continuous City service will receive a two- and one-half percent (2.5%) increase in base salary, for a total of five percent (5%) longevity pay.

Employees in the unit with twenty (20) years or more of continuous City service will receive a two- and one-half percent (2.5%) increase in base salary, for a total of seven and one half percent (7.5%) longevity pay.

The categories are not mutually exclusive so an employee who meets the requirements of all categories of longevity pay may earn a maximum of seven-and-one-half percent (7.5%)

ARTICLE 15 - 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.

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 16- 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.

Upland Mid-Management Employees Association 7/1/232-6/30/273 12 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 lon ger 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 17 – NOTARY PAY
The City will provide compensation in the amount of one hundred dollars ($100) per month to those employees in the unit designated by the City Manager to perform notary duties.

The payment for notary duties will be made biweekly in the amount of forty-six dollars and fifteen cents ($46.15) for twenty-six (26) pay periods.

Employees receiving notary pay shall maintain their commission from the California Secretary of State. The City shall pay for the cost of necessary stamps, journals, supplies, and fees associated with State and/or County requirements, as applicable.

ARTICLE 18- 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 19- 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 ye ar.

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.

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

Upland Mid-Management Employees Association 7/1/232-6/30/273 13 period.

The reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire.

ARTICLE 20-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 21 – OVERTIME/COMPENSATORY TIME

A. Employees in this unit are exempt from the overtime under the Fair Labor Standards Act (FLSA) due to the nature of their duties. Employees are expected to work the hours necessary to complete the requirements of their position. All pay and leave provisions will be administered consistent with FLSA requirements for exempt positions.

B. In certain circumstances, the City Manager may authorize additional compensation or leave for substantial time required to meet emergency and/or storm responses, unusual scheduling required to meet the requirements of holiday coverage, attention to duties outside the normal work schedule and other such needs.

C. Additional time worked during the workweek may be offset by adjustment in subsequent working hours the following week. This provision will be given first consideration prior to the implementation of any other form of compensatory adjustment.

D. The earning and accrual of overtime and/or compensatory time requires the written approval of the City Manager.

E. Compensatory time will not be provided for the following situations:

a. Regular meetings of the City Council or any City Commission requiring attendance. Such meetings are considered a part of the normal duties of the position. b. Attending professional association meetings or speaking engagements that are not required by the Department Head.
c. Working time beyond the normal workday necessary for efficient and effective departmental operations or for the purpose of maintaining good public relations. Any such time will be considered a part of the normal duties of the position.

F. In all instances of compensatory time and/or overtime, the first and foremost consideration in the administration of these policies will be the effective and efficient operation of the City and its respective departments as well as the specific departmental operations that may be affected.

G. Overtime Compensation – Overtime for management employees is defined as str aight time compensation at the employee’s regular hourly rate.

Upland Mid-Management Employees Association 7/1/232-6/30/273 14 H. Compensatory Time – Compensatory time is defined as time off work provided to an employee in lieu of overtime pay and is time that may be accrued. Employees may only accrue compensatory time to a maximum of forty (40) hours. Any time accrued beyond the forty (40) hours will automatically be cashed out in the pay period the maximum number of compensatory hours are reached. Compensatory Time is accrued as straight time at the employee’s regular hourly rate.

Upland Mid-Management Employees Association 7/1/232-6/30/273 15 Field Code Changed
ARTICLE 22-CERTIFICATION TRAINING PAY

Employees assigned in the classifications listed below will receive Certification Pay for additional certifications/licenses 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
Associate Engineer Professional
Engineer
(PE)
License
N/A Professional Engineer
(PE) License
Associate Planner
Planning Manager
Senior Planner
N/A N/A American Institute of
Certified Planners
(AICP) Certification
Chief Water Treatment Operator Grade III (T-
3) Water
Treatment
Operator
Certificate
and Grade
III (D-3)
Water
Distribution
Operator
CertificateT
5, D3
Grade IV (T-4)
Water
Treatment
Operator
Certificate and
Grave IV (D-4)
Water
Distribution
Operator
CertificateD4
D5 and T-5 (Max
105%}
Operations Supervisor N/A N/A International Society of
Arboriculture Credential

Utility System Supervisor
Grade III
(D-3) Water
Distribution
Operator
CertificateD
4 and
Collections I
for new hires

Grade I (T-1) Water
Treatment Operator
Certificate and Grace IV (D-
4) Water Distribution
Operator Certificate
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

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
16 ARTICLE 230- 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

Each official fixed holiday shall be ten (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. Employees who are assigned to the Police Department and who are assigned to a regular twelve (12) hour shift will be paid holiday pay in the amount of twelve (12) hours, otherwise holiday pay will be ten (10) hours of time off.

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. This amount will not exceed thirty (30) hours for an employee scheduled to work a ten (10) hour per day shift and thirty-six (36) hours for an employee assigned to work a twelve (12) hour per day shift.

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
17 B. Floating Holiday Leave

Employees in the unit shall receive twenty (20) hours of Floating Holiday annually on January 1st. Floating holiday hours which that are not used by the first pay period in December 31st will automatically be cashed out. on the second pay period in December.The cash out will be paid in a separate check on an off-payroll week in January.

ARTICLE 241- EXECUTIVE LEAVE

Employees in the unit shall receive fifty (50O) hours of executive leave annually. Executive Leave which is not used by the first pay period in December 31st will automatically be cashed out. on the second pay period in December. The cash out will be paid in a separate check on an off-cycle payroll week in January.

ARTICLE 252 - 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. Employees may use up to twenty (20) hours of sick leave for personal necessity situations. Those situations include, but are not limited to: attending school activities for child, attending court for custody proceedings, divorce proceedings, or other personal legal issues, etc. 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.

Formatted: Font color: Custom Color(RGB(33,33,33))

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
18  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 263- 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; or

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 274 - 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.five hundred (500) hours of vacation leave. Any hours over the five hundred (500) will automatically be cashed out on the pay period that the maximum accrual is reached.

ARTICLE 285- VACATION BUYBACK

In November 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.

01 – 02 Years of service 80 Hours per year
03 – 05 Years of service 96 100 Hours per year
06 – 10 Years of service 128 140Hours per year
11 – 16 Years of service 136 160 Hours per year
17 + Years of service One additional day (8 hours) per year, up to a maximum of 176 hours per year180 Hours per year

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
19 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:

 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 NovemberDecember 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 30thDecember 31st 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 that calendar year.
 Payments for accrued vacation leave conversion to cash shall be made by separate check by the first pay period in DecemberNovember.

ARTICLE 296 - BEREAVEMENT LEAVE

Employees may take up to 30 hoursfive (5) days per occurrence (January 1 through December 31) with pay in the event of a death of a qualified family member. the following: mother, father, grandfather, grandmother, brother, sister, spouse, child,

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
20 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. A qualified family member includes a spouse, child, parent, sibling, grandparent, grandchi ld, domestic partner, or parent in law. 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.

An employee will be eligible for this leave after they have completed thirty (30) days of employment with the City prior to the commencement of the leave.

The five (5) days of leave do not need to be taken consecutively; they can be used intermittently. If leave is used intermittently, it must be used within three (3) months of the family member’s date of death.

The City will consider a request for bereavement leave for the death of a member’s aunt or uncle on a case-by-case basis.

ARTICLE 30 – PARENTAL LEAVE

The City shall provide all employees within the bargaining unit with up to eighty (80) hours of paid leave for the birth, adoption or foster placement of a child as outlined below:

 This leave does not extend any time used under Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA);
 Time taken by employees under this article will run concurrently with leave under FMLA or CFRA;  Employees must have completed six (6) months of full-time City service after July 1, 2023 to be eligible for the leave;
 Employees are eligible for the leave regardless of gender, marital status or sexual orientation of the parent;
 Employees who have adopted a child or had a foster child placed in their home are eligible if the child is age seventeen (17) years or younger;
 Employees may take this time consecutively or intermittently, but it must be used within one (1) year of the birth, adoption or foster placement of the child;
 Any additional time needed beyond the initial eighty (80) hours may be charged to sick leave, vacation, compensatory or floating holiday time;
 Employees must complete all leave paperwork required by the City and provide a copy to their supervisor and Human Resources at least one (1) week prior to taking the leave. Leave paperwork must require documentation to substantiate the request (i.e. birth certificate, foster placement agreement, etc.);
 In no case will an employee receive more than the eighty (80) hours of leave time within a twelve (12) month period, regardless of whether more than one (1) birth, adoption or foster care placement event occurs within the twelve (12) month period;
 City employees who are co-parents with another City employee, will each be allowed eighty (80) hours of paid parental leave.

This article will be effective July 1, 2023 and will not be retroactively applied. All life events (birth,

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
21 adoption, or foster placement) must occur after July 1, 2023.

ARTICLE 2317- 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.

ARTICLE 3228- 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;

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
22 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.

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

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
23 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.

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.

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
24 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 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 3329- 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 340-SAVINGS CLAUSE

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
25 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 351 - 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, 20232 and shall expire on June 30, 20273.

ARTICLE 362 - ZIPPER CLAUSE

During the term of this Agreement, the parties agree that negotiations cannot commence on any subject unless the parties mutually agree.

ARTICLE 37 – STEP INCREASES
Step increases shall not be automatic but will be contingent on an annual Performance Appraisal. No step increase shall be made to exceed the maximum rate established for the position.

Employees receiving an overall rating on their Performance Appraisal of “Meets Standar ds” or “Exceeds Standards” shall receive merit increases within their base salary range, as provided for below:
 Supervisors will provide employees with Performance Appraisal by the due date provided to them by Human Resources. If Human Resources receives the Performance Appraisal prior to or on the due date, they will process the Personnel Action form for the step increase.  Supervisors will provide employees with Performance Appraisal by the due date provide by Human Resources. Should the supervisor fail to complete the evaluation by the due date, they will have thirty (30) days from the due date provided by Hunan Resources to complete. During the thirty (30) day period, the employee shall not receive the merit increase until Human Resources receives the Per formance Appraisal. Once received Human Resources will process the Personnel Action for the step increase effective the date the step increase was due.
 Should the supervisor fail to provide employee with a Performance Appraisal during the thirty (30) day period, the employee will notify Human Resources. Human Resources will confirm this information with the Department Head and will proceed to provide employee with their step increase retroactive to the date the Performance Appraisal was originally due.
 If the employee receives an overall rating of “Below Standards” the step may be denied or suspended for a maximum of three (3) months. Within the three (3) month period, the supervisor/manager must re- evaluate the employee. If the new evaluation indicates the employee overall rating is “Meets Standards” , the merit increase shall be granted, retroactive to the original merit increase date. If the employee is not re-evaluated within the three (3) month period, the employee shall be deemed to be meeting job standards and shall be granted the merit increase retroactive to the original merit increase date.

Appeal Process

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
26 An employee may appeal the content of the Performance Appraisal with an overall rating of “Below Standards” to the Department Head.

The Department Head will review the Performance Appraisal of the employee and any additional information the employee provides in support of the appeal. The Department Head will provide the employee with their decision in writing within thirty (30) calendar days of the information provided by the employee. The Department Head’s decision is final on the content and overall rating of the Performance Appraisal.

In the case where the employee reports directly to the Department Head, they may appeal to the City Manager. The City Manager’s decision on the content and overall rating of the Performance Appraisal is final.

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
27 CITY OF UPLAND

Michael Blay, City Manager

Date

Stephen Parker, Assistant City Manager

Date

Theresa Doyle, Deputy Director of Human
Resources/Risk Managementr

Date

UPLAND MID MANAGEMENT EMPLOYEES’ ASSOCIATION

Mary LaPlante, Labor Relations Representative

Date

Bob Critchfield, UMMEA President

Date

Joshua Winter, UMMEA Vice President

Date

Kirk Swanner, UMMEA Secretary

Date

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
28 APPENDIX A
Classes included in the Mid-Management Unit:

Grade Classification Title
44 ADMINISTRATIVE ANALYST
3828 ANIMAL SERVICES SUPERVISOR
4848 ASSISTANT ENGINEER
4233 ASSISTANT PLANNER
5448 ASSOCIATE ENGINEER
4639 ASSOCIATE PLANNER
5663 BUILDING OFFICIAL*
5147 CHIEF WATER TREATMENT OPERATOR
4538 CRIME AND INTELLIGENCE ANALYST
62 DEVELOPMENT SERVICES MANAGER
4641 ECONOMIC DEVELOPMENT COORDINATOR
6761 ENGINEERING MANAGER
6358 ENVIRONMENTAL QUALITY ADMINISTRATORCOMPLIANCE

PROGRAM MANAGER
4641 HOUSING COORDINATOR
54 HOUSING MANAGER
6258 INFORMATION TECHNOLOLGY MANAGER
45 MAINTENANCE SUPERVISOR
4435 MANAGEMENT ANALYST I
39 MANAGEMENT ANALYST II
6753 OPERATIONS MANAGER
40 OPERATIONS SUPERVISOR
6358 PLANNING MANAGER
5437 POLICE DISPATCH SUPERVISOR
3431 POLICE RECORDS SUPERVISOR
6358 PRINCIPAL ENGINEER
5552 RECREATION AND COMMUNITY SERVICES MANAGER
4237 RECREATION AND COMMUNITY SERVICES SUPERVISOR
42 REGULATORY COMPLIANCE SPECIALIST
6054 SENIOR ENGINEER
5445 SENIOR PLANNER
5038 UTILITY BILLING AND CUSTOMER SERVICE SUPERVISOR

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
29 6760 UTILITIES MANAGER
5046 UTILITIES Y SYSTEM SUPERVISOR
* This position is currently inactive and will be reviewed for classification and compensation upon reactivation.

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
30 APPENDIX B

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
31

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
32

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
33

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
34

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
35

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
36

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
37

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
38

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
39

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
40

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
41

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
42

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
43

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
44

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
45

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
46

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
47

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
48

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
49

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
50

Upland Mid-Management Employees
Association
7/1/232-
6/30/273
51

MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN

THE CITY OF UPLAND
AND

THE UPLAND MID-MANAGEMENT EMPLOYEES ASSOCIATION

July 1, 2023 to June 30, 2027

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 ........................................................ 10 ARTICLE 11 - DEFERRED COMPENSATION ...................................................................... 10 ARTICLE 12-TUITION REIMBURSEMENT............................................................................ 10 ARTICLE 13 – EDUCATION INCENTIVE .............................................................................. 10 ARTICLE 14-LONGEVITY PAY .............................................................................................. 11 ARTICLE 15 - MERITORIOUS PAY ....................................................................................... 11 ARTICLE 16 – BILINGUAL PAY ............................................................................................ 11 ARTICLE 17 – NOTARY PAY ................................................................................................. 12 ARTICLE 18-PREVENTATIVE HEALTH BENEFIT ............................................................... 12 ARTICLE 19-UNIFORM ALLOWANCE .................................................................................. 12 ARTICLE 20-WORK BOOTS .................................................................................................. 13 ARTICLE 21 – OVERTIME/COMPENSATORY TIME............................................................ 13 ARTICLE 22- WATER CERTIFICATION TRAINING PAY ..................................................... 14 ARTICLE 23- HOLIDAYS - FLOATING HOLIDAYS .............................................................. 15 ARTICLE 24 - EXECUTIVE LEAVE ...................................................................................... 16 ARTICLE 25- SICK LEAVE ................................................................................................... 16 ARTICLE 26 - SICK LEAVE ACCRUAL PAYMENT UPON RETIREMENT ......................... 17 ARTICLE 27- VACATION ....................................................................................................... 17 ARTICLE 28- VACATION BUYBACK .................................................................................... 17 ARTICLE 29- BEREAVEMENT LEAVE ................................................................................. 18

ARTICLE 30 – PARENTAL LEAVE ..................................................................................................... 19 ARTICLE 31 - QUARTERLY PERSONNEL REPORTS ........................................................ 19 ARTICLE 32- LAYOFF PROCEDURE .................................................................................. 19 ARTICLE 33- PREVAILING BENEFITS ................................................................................. 23 ARTICLE 34 - SAVINGS CLAUSE ........................................................................................ 23 ARTICLE 35-TERM OF AGREEMENT .................................................................................. 23 ARTICLE 36-ZIPPER CLAUSE .............................................................................................. 23 ARTICLE 37-STEP INCREASES ........................................................................................... 23

Upland Mid-Management Employees Association 7/1/23-6/30/27 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 7/1/23-6/30/27 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 following MOU ratification by UMMEA and Approval by the City Council the City shall issue:
a. all employees in this unit shall receive a five percent (5%) COLA increase in base salary, effective June 25, 2023.
b. all employees in this unit shall receive a two percent (2%) COLA increase in base salary, effective June 23, 2024
c. all employees in this unit shall receive a two percent (2%) COLA increase in base salary, effective December 8, 2024.
d. all employees in this unit shall receive a two percent (2%) COLA increase in base salary, effective, June 22, 2025
e. all employees in this unit shall receive a two percent (2%) COLA increase in base salary, effective December 7, 2025
f. all employees in this unit shall receive a three percent (3%) COLA increase in base salary, effective June 21, 2026

Upland Mid-Management Employees Association 7/1/23-6/30/27 6 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 five thousand dollars ($5,000) 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 July 1, 2022, through June 30, 2023. 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 August 16, 2022, will receive a payment of $4,166.66 (10 months times $416.66).

Employees who have been on an unpaid leave of absence durin g 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:

Upland Mid-Management Employees Association 7/1/23-6/30/27 7 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.

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

Upland Mid-Management Employees Association 7/1/23-6/30/27 8 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 The amount
to cover the lowest cost plans
for health, dental and vision
(Kaiser HSA excluded) the cost
for this coverage will not
exceed the amounts for the
plan year as stated above.

• Employee plus one The amount to cover the
lowest cost plans for health,
dental and vision (Kaiser HSA
excluded) the cost for this
coverage will not exceed the
amounts for the plan year as
stated above.
• Family
The maximum benefit
allocation as stated above
for the plan year.

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.

Upland Mid-Management Employees Association 7/1/23-6/30/27 9 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.

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.

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 7/1/23-6/30/27 10 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.

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 o f 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 reimburse ment 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 Div ision 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 – EDUCATION INCENTIVE

The City agrees to pay additional compensation over an employee’s base salary for a job - related degree above the minimum requirements required of an employee’s position.

The degree must be related to the employee’s employment with the City. For example :

The minimum degree qualification for Information Technology Manager is education equivalent to a Bachelor’s Degree from an accredited college or university with major coursework in computer science, management information systems, or a related field. An employee who presents a Master’s Degree in Psychology would not be eligible for the Education Incentive Pay as the degree does not relate to their duties as Information Technology Manager. Education Incentive Pay will be paid per pay period in accordance with the following schedule:

AA/AS 2.5% above base salary

Upland Mid-Management Employees Association 7/1/23-6/30/27 11 BA/BS 5% above base salary
MA/MS 7.5% above base salary

ARTICLE 14-LONGEVITY PAY

Employees in the unit with ten (10) years or more of continuous City service will receive a two- and one-half percent (2.5%) increase in base salary.

Employees in the unit with fifteen (15) years or more of continuous City service will receive a two- and one-half percent (2.5%) increase in base salary , for a total of five percent (5%) longevity pay .

Employees in the unit with twenty (20) years or more of continuous City service will receive a two- and one-half percent (2.5%) increase in base salary, for a total of seven and one half percent (7.5%) longevity pay .

The categories are not mutually exclus ive so an employee who meets the requirements of all categories of longevity pay may earn a maximum of seven-and-one-half percent (7.5%)

ARTICLE 15 - 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.

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 16- 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 mad e 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.

Upland Mid-Management Employees Association 7/1/23-6/30/27 12 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 17 – NOTARY PAY
The City will provide com pensation in the amount of one hundred dollars ($100) per month to those employees in the unit designated by the City Manager to perform notary duties.

The payment for notary duties will be made biweekly in the amount of forty -six dollars and fifteen cents ($46.15) for twenty-six (26) pay periods.

Employees receiving notary pay shall maintain their commission from the California Secretary of State. The City shall pay for the cost of necessary stamps, journals, supplies, and fees associated with State and/or County requirements, as applicable.

ARTICLE 18- 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 19- 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.

For PERS Classic Safety employees, the City shall report the CalPERS the mone tary 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.

Upland Mid-Management Employees Association 7/1/23-6/30/27 13 ARTICLE 20-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 21 – OVERTIME/COMPENSATORY TIME

A. Employees in this unit are exempt from the overtime under the Fair Labor Standards Act (FLSA) due to the nature of their duties. Employees are expected to work the hours necessary to complete the requirements of their position. All pay and leave provisions will be administered consistent with FLSA requirements for exempt positions.

B. In certain circumstances, the City Manager may authorize additional compensation or leave for substantial time required to meet emergency and/or storm responses, unusual scheduling required to meet the requirements of holiday coverage, attention to duties outside the normal work schedule and other such needs.

C. Additional time worked during the workweek may be offset by adjustment in subsequent working hours the following week. This provision will be given first consideration prior to the implementation of any other form of compensatory adjustment.

D. The earning and accrual of overtime and/or compensatory time requires the written approval of the City Manager.

E. Compensatory time will not be provided for the following situations:

a. Regular meetings of the City Council or any City Commission requiring attendance. Such meetings are considered a part of the normal duties of the position. b. Attending professional association meetings or speaking engagements that are not required by the Department Head.
c. Working time beyond the normal workday necessary for efficient and effective departmental operations or for the purpose of maintaining good public relations. Any such time will be considered a part of the normal duties of the position.

F. In all instances of compensatory time and/or overtime, the first and foremost consideration in the administration of these policies will be the effective and efficient operation of the City and its respective departments as well as the specific departmental operations that may be affected.

G. Overtime Compensation – Overtime for management employees is defined as straight time compensation at the employee’s regular hourly rate.

H. Compensatory Time – Compensatory time is defined as time off work provided to an employee in lieu of overtime pay and is time that may be accrued. Employees may only accrue compensatory time to a maximum of forty (40) hours. Any time accrued beyond the forty (40) hours will automatically be cashed out in the pay period the maximum number of compensatory hours are reached. Compensatory Time is accrued as straight time at the employee’s regular hourly rate.

Upland Mid-Management Employees Association 7/1/23-6/30/27 14 ARTICLE 22-CERTIFICATION TRAINING PAY

Employees assigned in the classifications listed below will receive Certification Pay for additional certifications/licenses 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
Associate Engineer Professional
Engineer
(PE)
License
N/A Professional Engineer
(PE) License
Associate Planner
Planning Manager
Senior Planner
N/A N/A American Institute of
Certified Planners
(AICP) Certification
Chief Water Treatment Operator Grade III (T-
3) Water
Treatment
Operator
Certificate
and Grade
III (D-3)
Water
Distribution
Operator
Certificate
Grade IV (T-4)
Water
Treatment
Operator
Certificate and
Grave IV (D-4)
Water
Distribution
Operator
Certificate
D5 and T-5 (Max 10%}
Operations Supervisor N/A N/A International Society of Arboriculture Credential

Utility System Supervisor
Grade III (D-
3) Water
Distribution
Operator
Certificate

Grade I (T-1)
Water
Treatment
Operator
Certificate and
Grace IV (D-4)
Water
Distribution
Operator
Certificate
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