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Home My Public Portal About82-046 (03-16-82)e �MP RESOLUTION NO. 82 -46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE COMPREHENSIVE MEMORANDUM OF UNDERSTANDING WITH THE LYNWOOD EMPLOYEE MANAGEMENT GROUP . WHEREAS, Personnel staff has conducted exhaustive research into the pre- viously negotiated provisions with the Lynwood Employee Management Group, pre- pared the attached Comprehensive Memorandum and met in good faith with Group Representatives regarding same; and - WHEREAS, Lynwood Employee Management Group Representatives have studied and va'lida`ted the Comprehensive Memorandum; -and - - -- --- . - - - -- WHEREAS, staff has determined that the Comprehensive Memorandum of Under- standing represents a complete and up -to -date compilation of negotiated provisions between the City of Lynwood and the Lynwood Employee Management Group; and WHEREAS, the Munici pal Relations Officer, Charles Gomez, and Lyn- wood Employee Management Group Representatives, Donald Snavely and Jewel Lawing,' have met and agreed to the Comprehensive Memorandum and submit same to the City Council of the City of Lynwood for approval; and WHEREAS, the City Council of the City of Lynwood wishes to approve the attached Comprehensive Memorandum between the City of Lynwood and the Lynwood Employee Management Group. NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve as follows: SECTION 1 . The Comprehensive Memorandum of which compiles and supersedes previous Memoranda, between the Lynwood Employee Management.'Group - and the Municipal Employee Relations Officer representing the City of Lynwood is adopted. SECTION 2 . This resolution shall take effect immediately upon its adoption. ti w ATTEST: /s/ LAURENE COFFEY LAURENTE COFFEY, City Clerk City of Lynwood APPROVED AS TO FORM: PASSED, APPROVED and ADOPTED this 16th day of March 1982. /s/ JOHN D. BYORK /s/ DAVID R. MC EW DXdID E. 1C EircN, Citv attor n e JOIN D. BYORK, Mayor City of Lynwood APPROVED AS TO CONTENT: SANDRA CHAPEK, Personnel `tanager r STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the'City Council of said - --City at a regular meeting thereof_h' d in the City Hall of said City on the 16th day of March 1982, and passed by the following vote: AYES: Councilmen Green, Morris, Rowe, Thompson, Byork NOES: None ABSENT: None /s/ Laurene Coffey City Clerk, City of Lynwood STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES ) I, the undersigned.City Clerk of the City of Lynwood, and clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 82 -46 on file in my office and that said resolution was adopted on the date and by the vote therein stated. ..-�, . -_ -- Datedy this -1.9th-- - day�of - - March- a= — 1982,.. _a n 7- J Clt lerk, City ^U o Ly ood ` City of TYIN y l�'l -•'� 11320 6ULUS RCAD CCC LYNWOCO. CALIPCRMA 90262 (213) 6030220 COMPRE IMNS IC'E MEMDRANDUM OF UNDERSTANDING FOR SUBMISSION TO TIM LYNU00D CITY COUNCIL REGARDING THE LYNWOOD EMPLOYEE MANAGEMENT GROUP TABLE OF CONTENTS ARTICLE I IMPLEi ENTATION ..............'.... ............................... ARTICLE II EMPLOYEE RECOGNITION ........................... ARTICLE III CITY RIGHTS ..................... ............................... ARTICLE IV STEP INCREASES .................................................. ARTICLE V SALARIES/ WAGES .................. ............................... ARTICLE VI ARTICEL VII EXECUTIVE LEAVE ................. ............................... ARTICLE VIII TOOL ALLOWANCE........ ....... ............................... ARTICEL IX UNIFORM AND CLOTHING ALLOWI=E .. ............................... ARTICLE X MILEAGE REIMBURSEMENT ..................................... ARTICLE XI PREMIUM PAY ..................... ............................... ARTICEL XII LONGEVITY PAY .................... .............................. ARTICLE XIII EMPLOYEE'S INSURANCE: COVERAGE ... ............................... ARTICLE XIV SICK LEAVE POLICY .................. ............................... ARTICLE XV HOLIDAYS ......................... ....................,.......... ARTICLE XVI ACTING SUPERVISORY COMPENSATION . ............................... ARTICLE XVII RETIREMENT POLICY ............... ............................... ARTICLEXVIII ........... ................. ............................... ARTICLE XIX DISCRIMI: CATION .................. ............................... ARTICLE XX ANNUAL VACATION LEAVE ........... ............................... ARTICLE ILXI MILITARY LEAVE . ............... ............................... ARTICLE XXII LEAVE OF ABSENCE ................ ............................... ARTICLE =II HOURS OF WORK ................... ............................... ARTICLE =V ATTENDANCE ................... ............................... ARTICLEXXV GRIEVANCES ...................... ............................... ARTICLE MI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX ARTICLE XXX ARTICLE XXXI ARTICLE XXXII ARTICLE XXXIII BEREAV IENNT LAVE ......... ............................... E`IERGENCY LEAVE ........... ............................... JURYDUTY ................. ............................... SERVICE DISABILITY ........ ............................... NOSTRIKE ................... ............................... FULL FAITH AND CREDIT CLAUSE .............................. SAVINGSCLAUSE ............. ............................... DURATION................... ............................... YOU - JULY 1, 1979 - JUNE 30, 1982 Al ARTICLE I IMPLF'i SENTATION The wages, hours and conditions of employment that are set forth in this memorandum have been discussed and jointly proposed by and between the Municipal Employee Relations Officer of the City of Lynwood (hereinafter called "City ") and represen- tatives of the Lynwood Employees Management Group (hereinafter called "Group ") and shall apply to all employees of Lynwood working.in the classifications as set forth herein. The terms and conditions of employment that are set forth in this memorandum have been discussed in good faith between City and Group; and the Municipal Employee Relations Officer agrees to recommend to the Lynwood City Council that all of the item! and conditions of employment as set forth herein be incorporated in full in a reso- lution of the City Council or where appropriate, in a policy statement. Upon the adoption of such a resolution and /or policy statement, all terms and conditions of this memorandum so incorporated, shall become effective without any further action by either party. M UU - JULY 1. 1979 - ,TUNE 30, 198 ARTICLE II EMPLOYEE RECCGNITIO\' City hereby recognizes the Lynwood Employee Management Group as representative for all management positions to the fullest extent under California law applying to public employees and as further lution No. 69 -26, adopted by the Lynwood City Council on May 20, is therefore the recognized bargaining agent. the recognized allowable defined in Peso- 1969. The Group 2?OU - JULY 1, 1979 - .TONE 30, 1982 ARTICLE III CITY RIGHTS A, It is understood and agreed that the City retains all of its powers and authority to direct, manage and control to the full extent of the law. Said powers and authority include, but are not limited to, the exclusive rights to: determine its organization; direct the work of its employees; determine the times of operation; determine the.'kirds and levels of services to be provided, and the :methods e.nd means of providing them; establish its policies, goals and objectives; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of City operations; build, move, modify or close facili- ties; establish budget procedures and determine budgetary allocations; determine the methods of raising revenue; contract out work; and take action on matters in the event of emergency. In addition, the City retains the right to hire, clas- sify assign, evaluate, transfer, promote, terminate and discipline employees. B. In cases of emergency, the City retains its right to amend, modify or rescind provisions of this memorandum. Such amendment, modification or rescission all remain in force only.for the period of the emergency. The determination of whether or not an emergency exists is solely within the discretion of the City Council. MOU - JULY 1. 1979 - JUNE 30 198 ARTICLE IV STEP INCREASES A change in the City's step increase policy from a step increase every six (6) months to that of a probationary period of six (6) months and other step increases to be considered on the basis of merit after intervals of one (1) year. Section 1. Effective June 1, 1979, any employee hired or promoted to Step A of a different range of pay, shall receive the Step B salary at the suc- cessful completion of the probationary period. Increases to Step C, D and E within any pay range shall be based on satisfactory job per- formance by the individual and shall be reviewed at least at the fol- lowing time intervals: Step C - One (1) year after the Step B increase Step D - One (1) year after the Step C increase Step r - One (1) year after the Step D increase Section 2. Employees hired or promoted to any step above Step A shall receive the next step at the successful completion of the probationary period. Other ircreases within the range shall be followed in the method des- cribed in Section 1. Section 3. For those employees under the basic five -step salary plan, the begin- ning salary shall be at Step "A" or the lowest salary shown for the position._ - -- However, where circumstances so warrant,appointment may . be made at other than the first step, or after appointment, an inter- mediate step may be skipped when approved by the City Manager. Increases through the remainder of the steps shall be given upon recom- mendation of the Department Head and approval of the City Manager, until the highest or top step is reached. (From Section (a) of the Res. No. 79 -41) HOU - JUL 1, 1979 - JUNE 30, 1982 ARTICLE V SALARIES NAGES Effective the first full pay period of the fiscal pear, the City will increase all grades of Management pay as follows: July 1, 1979 - 7% July 1, 1980 . - 7% July 1, 1981 - 7% It is agreed that Management employees be permitted to negotiate individual changes during the three year period. `"_MAGe.12:NT_ 1981 -82 SAL.-1RY SCH DUI.c ?, 3 C D 1:1 Building Maintenance Supervisor 768.92 $01.75 839.09 9 75.78 915.04 1666.00 1737.13 1818.03 1897.53 1932.55 2?S Street Maintenance Supervisor 782.06 812.15 842. ^ _2 972.31 902.38 Recreation Supervisor 1694.47 1759.66 1824.82 1890.00 1955.1,' 31 Recreation Superintendent 872.31 902.38 932. 6 962.54L 992_62 1890.00 1955.17 202C.33 2085.51 2150.63 Associate Civil Engineer 962.5A 991.62 1022. 1052.79 1082.36 2085.51 2150.68 2215.86 2281:03 2346.20 5, G_arage Sumerintendent 1052.78 1082.86 1112.94 '_143.02 _' _173.1C 2281.03 2346.20 2411.37 2476.55 2541.72 6M Water Superintenieat 1143.02 1173.10 1203.18 1233.26 1263.3« 2476.55 2541.72 2600.89 2 012.06 2737.24 7u. ?arks � Recreation Director 1233.26 1263.34 1 293.42 1323. G .353.58 2672.06 2737.24 2302.41 2367.59 2932.75 8,1 1323.50 1353.58 1383.66 1 - ? ?. %! 443,91 2867.59 2932.75 2997.93 3063.;.0 1 9m 1413.74 1443. 3_i 1473.90 1303.97 '_534.05 3063.10 3123.26 3193.4.5 3258.51 3323.78 10MS Assistant =ire CZiei 1503,97 1334.05 1:64.13 504. ^'_ 3258.61 3323.78 3388.96 3454.3 :,519.30 UM 1504.21 1521.29 1654.86 L685.43 1715.5: 3454.13 3519.30 3585.54 3651.77 3716.93 12" re Chie= /7irectcr of ?u61ic 1585.33 1715.51 1745.50 1775.67 1805 .73 3 %12.46 Sa =etr 3651.77 3716.93 3782.12 3347.29 MLNAGE.".E:TT CIV r SERVICE E_MITT 1981_8 SALARY SCiiMMZ lr.•! 2`3:1 'eater Supervisor .kcccuuting Supervisor ?ar'.c Supervisor +a*-er B111ng Supervisor 3E?: $r, 3ni -ldin" Inspector 4L:1 ??haunt= atl.cr- CoordinatOT M i Assistant to the City Manager Ac_o«tiz; :tanager °arsonnel ?Sanger 6E! Development Division iaaager Director of ?ublic Works/ City Engireer ZEE.. Dizectcr of C-unit7 Davelpp- ment!+ssistant City Manager A 3 ' C. D 691.83 721.91 751.99 782.06 812.15 1498.96 1564.14 1629.31 1694.4.' 1759.66 782.06 812.15 842.22 872.31 902.38 1694.47 1759.66 1824.82 1890.00 1955.17 872.31 902.38 932.06 962.5 392.62 1890.00 1955.17 2020.33 2085.51 2150.68 962.54 992.62 1022.71 1052.78 1082.96 2085.51 2150.68 2215.86 2281.03 2346.20 1052.79 1082.86 1112.94 1_ !•3.02 '173.10 2281.03 2340.20 2411.37 2476.55 2541.72 1323.50 1353.58 1383.56 1413.70 1443.31 2867.59 2932.75 2997.93 3063.10 3128.26 1413.70 14463.81 1073.90 1503.97 1534.05 3063.10 3128.26 3193.45 3258.61 3323.78 1590.21 1624.29 1654.36 1685. 1715.51 3454.13 3519.30 3585.54 3651.77 3716.93 ARTICLE VII EXECUTIVE LEAVE It is agreed that management employees receive.5 days per month executive leave. Accrued executive leave may be taken at anytime with the approval of the City Manager. Executive leave may not be accrued beyond the present calendar year. Unused executive leave at the end of a calendar year (December 31) will be lost. MOU - JULY 1, 1979 - JUNE 30, 1982 ARTICLE VIII TOOL ALLOWANCE Employees working in the Municipal garage and who furnish their own tools shall be compensated in the following manner: July 1, 1979 - $7.50 per month July 1, 1980 - $8.25 per month July 1, 1981 - $9.00 per month ARTICLE IX UNIFORM AND CLOTHING ALLOWNACE the City shall furnish annually to all hourly recreation employees two (2) shirts and one (1) windbreaker identifying them as City employees. All Natatorium per- sonnel shall be provided with one (1) swimsuit annually to identify them as City employees. The City will furnish Public Works and Park Department employees whose duties require wearing uniforms, three (3) uniform changes per week.plus one (1) additional laundered shirt per week. (From Res. No. 7 Section 2E) s ARTICLE X MILEAGE REIMBURSEMENT With the approval of the Department Head and the City Manager, the City will reimburse full -time employees and hourly recreation personnel required to use their personal vehicles for the purpose of conducting City business on the fol- lowing basis: Mileage During Calendar Month - Amount Per Mile 1 - 400 $ .14 401 - '700 $ .13 Over i0O $ .11 Hourly recreation personnel will be compensated only for out -of -town job related mileage. Necessity for and payment of out -of -town mileage.must`be approved by the employee's supervisor. The employee must document,the date, destination and beginning and ending odometer reading from his vehicle in supporting the request. Said information must be logged on Expense Reimbursement: "form when requesting pay- ment. (From Res. No. 79 -41, Section 2D "Mileage Reimbursement ") ARTICLE XI PREIIUM PAY To encourage employees in undertaking outside study to the end that they may perform their duties in a more efficient manner, a system of premium pay, over and above established pay schedules, is hereby established. Premium pay is allowable for completed courses of approved subjects at accre- dited school, and is fixed at $1.00 per month for each semester unit of credit satisfactorily completed by the employee with a grade of "C" or better. A quarter unit is the equivalent of two- thirds of a semester unit and is compensated at S.67 per month per quarter unit. Maximum pay is fixed at $40 per month. All courses of study must have prior approval by the Department Head and the .City Manager in order to receive premi.mm credit. Accredited schools are herein defined as colleges, junior colleges, universities or either schools providing college credit as may be approved by the City Manager. Suitable written certification from the school showing satisfactory completion of each course shall be submitted to the Personnel Officer for personnel records. Premium pay shall c ®mere the first pay period after the first of the month following the submission of written certification. The City will contribute 50% of the cost of tuition over $10 where the cost of such tuition exceeds the s-= of $10 per s=_mester.course while the employee is accruing the $40 per month maximum pay. The provisions of this section do not apply to hourly employees or employees . undertaking an approved course during a regular work day or assigned shift. (From Res. No. 79 -41, Section 4- "Premium Pay ") a ARTICLE XII LONGEVITY PROGRA -M A longevity program is hereby established for regular full -time City employees except Firefighter through Captain as follows: 1% of base salary at the end of seven (7) years of service; an additional 1% of base salary at the end of twelve (12) years of service; and an additional 1% of base salary at the end of seventeen (17) yea=s of service. (From Res. No. 79 -41, Section 5 "Longevity Program ") ARTICLE SIII EMPLOYEE'S INSURANCE COVERAGE The City will contribute the employee's share toward any health insurance, acci- dent insurance, or life insurance policies which the City Council agrees to pro- vide. If desired the employee may obtain coverage for members of his family. Such premium shall be borne by the employee and payment will be made by payroll deduction. (From Res. No. 79 -41, Section 7) ARTICLE XIV SICK LEAVE POLICY Sick leave with pay shall be granted by the City .Sanager at the rate of one work day for, each calendar month of service. Sick leave shall not be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability. (Res. 76 -69) In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior prior to, or within four hours, after the time set for beginning his daily duties, or as may be specified by the head of his depart- ment. When absence is for more than one work day, the employee shall file a phy- sician's certificate or a personal affidavit with the Personnel Officer stating the cause of his absence. Any employee who is sick the day after vacation, may be req- uired to present to the Personnel Officer a written doctor's statement certifying that the individual was ill. (Res. 76 -89) At the time of resignation or termination (except for cause) after ten years employment with the City, the general employees will be compensated for one - quarter of their unused sick leave which has been accrued to the effective data of resignation or termination (except for cause). The method of compensation shall be on a straight time pay basis at the: rate of pay in effect at the time of accrual. Effective July 1, 1974, accrual of sick leave shall be limited to a maximum of ninety -six (96) work days for which 50% compensation shall be received upon regular service retirement. Sick leave earned in excess of 96 days prior to July 1, 1974, shall be retained and frozen effective June 30, 1974, and upon regular service re- tirement, 50% compensation for said frozen sick leave also be received. 25% of sick leave earned beyond 96 days or the frozen amount shall be annually compensated to the employee at the end of each calendar year. The remaining 75% of such excess sick leave remains on the books but shall be used for actual sick leave purposes only and shall not entitle the employee to any additional compensation. Sick leave accrued beyond the 96 day maximum or frozen amount after July 1, 1974 shall be used by the employee prior to use of sick leave earned prior to that date (From Res. No.. 79 -69). The method of compensation shall be on a straight time pay basis at the rate of pay in effect at the time of regular service retirement. In no event will sick leave with pay be granted in excess of that which is accrued. MOU - JULY 1, 1979 - JUNE 30. 1982 ARTICLE XV HOLIDAYS Section 1. The City and Group agree to incorporate into this memorandum the following holidays to be eliminated and have floating holidays replace them. The holidays to be/ eliminated are: Washington's Birthday, Lincoln's Birthday, Columbus Day, Admission day and Veteran's Day. a) For individuals employed by the City as of the date of Memorandum, effective January 1, 1980, the total number of floating holidays is five (5) with all floating holidays available at the beginning of the calendar year. All floating holidays to be taken off are subject to operational and scheduling factors and must be approved by the employee's supervisor. b) For individuals employed or rehired by the City subsequent to the date of this Memorandum, no floating holidays will be available until the successful com- pletion of their probationary period. At that time such employees will be cre- dited with.a pro rata protion.of the aforesaid five floating holidays based upon the time remaining.in the initial calendar year of employment, but in no case less than one day. c) No floating holiday may be carried over to another calendar year. d) The availability of five floating holidays on January 1, of each year (in the case of present employees) and of a pro rata portion thereof upon successful completion of the probationary period (in the case of new employees) is based upon &-e assumption that the employee will successfully complete employment with the City for the calendar year in question. If an employee fails to suc- cessfully complete employment for the said calendar year, the number of floating holidays available to the employee shall be prorated on the basis of the of the calendar year for which the employee was employed by the City. If, under such circumstances, the employee has used more floating holidays than were actually available, the City shall make an appropriate reduction in its payment of final compensation to such employee. Section 2. Employees covered under the Memorandum shall be allowed the following paid holidays: New Year's Day, January 1; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Thanksgiving Day, fourth Thursday in November; day after Thanksgiving, fourth Friday in November; Christmas Day, December 25. Personal Leave Day may be taken on any day of the employee's choosing subject to operational and scheduling factors and must be approved by the employee's supervisor. When a holiday named in this regulation falls on Sunday, it shall be observed on the following Monday. When a holiday named ir. this regulation falls on Saturday, it shall be observed on the preceding Friday., ARTICLE XVI ACTING SUPERVISORY COMPENSATION At such time as a Supervisory position becomes vacant for reasons of sick leave, leave of absence or injury on duty status, for a pe r_od exceeding thirty (30) days, then the employee replacing said supervisor shall receive compensation at a rate equal to ttL- "A" step of the rate of the supervisory position of such step in that range next higher than that rate which the employee is currently receiving. Such additional compensation would commence on the thirty -first day and would continue until such time as the supervisor returns to work. The employee performing those duties as designated in this article shall be selected by the Department Head. (From Res. No. 79 -41, Section 6 "acting Supervisory Compensation ") ARTICLE XVII RETIREMENT POLICY The City of Lynwood agrees to amend its contract with PERS so that retire ment compensation would be computed on the employee's one year's highest earnings. ARTICLE XIX DISCRU NATION It is agreed that neither the City nor the Group shall discriminate against any employee because of race, national origin, age, sex or Group membership or act- ivity. (From Res. 79 -41, Section 12) It is further agreed that neither the City nor Group shall discriminate against ary employee because of religion, marital status, political affiliation or a handicap. The purpose of annual vacation leave is to enable each eligible employee annually to return to his work mentally refreshed. All employees in the classified service shall be entitled to annual vacation leave with pay. Employees not eligible for vacation leave with pay are: Employees still serving their original probationary period in the service of the City; however, vacation credits for the time shall be granted to each such employee who later received a permanent appointment. Employees who work an an intermittent or seasonal basis, and all hourly employees except that the City agrees to provide (10) ten days paid vacation if there should be full -time hourly personnel who work the standard forty hour work week, fifty two weeks a year. (From MOU 6- 19 -73) All eligible employees shall earn vacation credits at the rate of 14 calendar days (10 work days) per year. Employees having a continuous 8 years service record will be allowed a vacation credit of 21 calendar days (15 work days) per year. Employees having a continuous 15 year service record will be allowed a vacation credit cf 28 -- calendar days (20 work days) per year. (From MOU 6- 25 -•69) Each eligible employee shall be required tc have served the equivalent of one year of continuous service in the City in order to be eligible for his full annual vacal tion leave; provided, however, that after six months of continuous service, he may- be permitted to take vacation. leave rot to exceed seven calendar days. In no event', however, will paid vacation be granted in excess of earned vacation credits. The times during a calendar year at which an employee may take his vacation shall be determined by the Department Head with due regard to the u•ishes.of the employees and particular regard for the needs of the service. Subject to the provisions of the neat paragraph, any employee eligible for vacation credit may, not later than the first day of October of any calendar year, make a request of his Department Head and the City Manager jointly, which request must be in writing and in duplicate, one copy of which shall be filed in the Office of the City Manager and the other copy of which shall be filed with the Department Head, for permission to defer taking not to exceed one week of the vacation time to which he is entitled during the year the request is made and filed, to the following calendar year. The Depart- ment Head and the City Manager, acting, jointly, or in their absence, or in case o*" their inability to act, for any'reascn, the Acting Head of said employee's department, or the next in authority and the Administrative Assistant, acting jointly, shall, within five days after filing of the request, give the employee written notice of their decision., either to grant or to deny the request. If the request is granted the employee shall be entitled to said one week's vacation during the calendar year immediately following the calendar year the employee's reeuest was filed, in addi- tion to any vacn *_ion time to which said employee is entitled during said calendar year to which the one week has been deferred. Under no circumstances, however, may any employee accrue more than twenty -eight (28) calendar days (20 working days) of vacation leave in one calendar year. Employees eligible for vacation leave must take a mi.numimm of one week of accrued vacation time each time vacation is requested. Deviation from this policy is allowed only with the written approval of the Department Head and the City Manager, acting jointly. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. This provision does not apply to uniformed personnel in Fire Department. Employees who terminate employment shill be paid in a lump sum for all accrued vaca- tion leave earned prior to the effective date of termination. (From Resolution No. 69.2, a resolution amending Rule numbered XS of the Personnel Rules and Regulations adopted pursuant to City OrdinaBce numbered 671 - of the City of Lynwood governing and regulating "Attendance and Leaves ") ARTICLE = MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give the City Manager an oppor- tunity within the limits of military regulations to determine when such leave shall be taken. (From Resolution No. 69 -2, a resolution amending Rule YI cf the Personnel Rules and Regulations adopted pursuant to City Ordinance 671 of the City of Lynwood governing and regulating "Attendance and Leaves ") ARTICLE XXII LEAVE OF ABSENCE The City Council may grant a permanent employee an absence without pay for a period not to exceed sixty (60) calendar days. Before the completion of the first sixty day leave of absence where extenuating circumstances are shown the City Council may grant a second sixty day leave of absence. Further, before completion of the second sixty day leave of absence and where extenuating cir- cumstances are shown the City Council may grant a third and final sixty day leave of absence. No such leave shall be granted except upon the written request of the employee. A copy of the Council's action shall be furnished the employee and the Personnel Officer. Upon expiration of regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at the expiration shall be cause for discharge. (From City Res. No. 72 -24, a Resolution of the City Council of the City of Lynwood.amendi.ng Resolution No. 2843, Rule XI, Section 4 of the Personnel System Rules and Regulations of the City of Lynwood) a ARTICLE =11 HOURS OF WORK All classified City employees shall work five (5) eight (8) hour shifts per week, Monday through Friday, except as determined by other Resolutions and Ordinances enacted by the City Council and by directives of the City Manager actirg within the framework of said Resolutions and Ordinances. (From Reso- lution No. 69 -2, a resolution amending Rule XI of the Personnel Rules and Regulations adopted pursuant to City Ordinance 671 of the City of Lynwood governing and regulating "Attendance and Leaves ") Resolution 76 -86 provides that no hourly person, temporary help or seasonal worker shall work more than 35 hours in any week. i ARTICLE XXIV ATTENDANCE Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. The Personnel Officer may, within his discretion, make written request to the head of any or all depart- ments that they keep daily attendance records of emploees in the Department. When said requests are filed with the Department Heads they shall forthwith comply with said request and continue to do so until notified, in writing by the Personnel Officer that said records will no longer be required. The Personnel Officer may, however, in his discretion, request the Department Head to follow some other method of recording attendance of. employees, whereupon the Department Head shall comply. All such requests by the Personnel Officer shall be in writing and filed in the office of the Department Head. The Per- sonnel Officer, acting within his discretion, may request that such attendance records of employees as are required or requested by him, shall be reported to him by the Department Head at such intervals and in such form as the Personnel Officer shall cesignate;provided, however, that said time of reporting and the form thereof shall, as far as possible, be standard and uniform.. Failure on the part of ar. employee, absent without leave, to return to duty within 24 hours after notice to return, shall be cause for immediate discharge, unless acceptable reason is given. (From Resolution N0.69-2, a resolution amending Rule XI of the Personnel Rules and Regulations adopted pursuant to City Ordi- nance 671 of the City of Lynwood governing and regulating "Attendance and Leaves. ") ARTICLE XXV GRIEVANCES 1. Policv It shall be the policy of the City of Lynwood that a grievance procedure be established for the settlement of problems arising from a Memorandum of Understanding. All grievances of this nature shall be settled expeditiously, and at the operating level if pos- sible. 2. Procedure all grievances pertaining to a Memorandum of Understanding shall be handled in the following manner: a) Formal grievance - an alleged violation of a specific provision of the current Memorandum in effect. b) A written statement by an employee alleging violation of the current Memorandum of Understanding to their immediate supervisor no less than 5 working days after alleged incident. In the statement will be the following. 1) The nature of the grievance in precise, clear language. 2) The specific provision alleged to.have been violated. 3) The remedy sought by the grievant. The empioyee,: himself or herself, must bear the burden of presenting their case of the alleged violation. If satisfaction is not attained at the immediate supervisory level then the same procedure is followed as previously mentioned and the grievance goes to the Department Head within 10 working days after review of the Supervisor. If still not satisfied, the grievance will go the Personnel Officer, if one is so designated, if not the grievance will be given to the City Manager. If at the Personnel level the grievance is not satisfied, then the City Manager's decision will be final and binding. (From MOU in force from 7 -1 -77 to 6- 30 -79) Informal hearing by the Personnel Board on matters relative to employer - employee relations may be requested as permitted by Personnel Rules and Regulations. The Board may or may not grant a hearing and the Board's role in memoranda matters is advisory only. ARTICLE XXVI BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, the City Manager may grant a three day bereavement leave with pay. "Immediate family" is defined as mother or father of employee or mate; mate, brother, sister, or children of employees." (From Res. No. 69 -2, a resolution amending Rule XI of the Personnel Rules and Regulations adopted pursuant to City Ordinance 671 of the City of Lynwood governing and regulating "attendance and Leaves. ") ARTICLE XXVII EMERGENCY LEAVE In the event of an emergency, the City Manager may grant the use of a maximum of two days sick leave annually as emergency leave. Application for emergency leave may be under the following conditions: 1) Hospitalization or illness in immediate family and, 2) Death in family rot covered by bereavement leave. (From Section 10, Article XVIII, titled "Leaves" of Comprehensive MOU -1974) 3) Other events which preclude. the employee's attendance at work and which the Department Head determines constitutes an emergency. If the Department denies an employee's request for emergency leave, the employee may request in writing that the City Manager revie!x the request. The City ?tanager's decision shall be final. ARTICLE =III JURY DUTY The City of Lynwood has the practice whereby a full -time employee of the City of Lynwood who has been called for jury duty will be paid at the employee's regular hourly rate of salary MINUS the amond paid by the courts. (Res. Nn. 77 -55, adopted June 21, 1979) ARTICLE XXI.Y SERVICE DISABILITY Under the provisions of the Worker's Compensation Insurance and Safety Act of California, employees are compensated for injuries sustained in the course of employment, rendering them unable to perform their duties. The City of Lynwood provides full salary continuance for 90 days to an employee who is disabled by injury or illness arising out of and in the course of his duties. Time off work due to an or. -the -job injury is not deductible from accumulated sick leave for a period not to exceed ninety (90) days. Thereafter, compensation shall be only as provided in the Worker's Compensation Insurance and Safety Act. ARTICLE = NO STRIKE Both parties agree that under the terms of the Memorandum, strikes, slowdowns, or other work stoppages are unacceptable. (From Memorandum of Understanding adopted June 25, 1969.) u ARTICLE = FULL FAITH AND CREDIT CLAUSE For purposes of administering the terms and provisions of the various ordinances, resolutions, rules and regulations which may be adopted by the City pursuant to this Memorandum of Understanding, all matters resolved in Memorandum of Under- standing for prior years, all resolutions of the City Council, and all existing matters resolved regarding wages, hours, fringe benefits and conditions of employ- ment prior to ?yers- iMilias -Brown Act of 1968, will remain unchanged and unaltered except where expressly changed or altered in this Memorandum of Understanding. It is agreed tbat Management employees retain all benefits previously accrued as mis- cellaneoua employees. (YOU July 1, 1979 to June 30, 1982) I ARTICLE LVERII SAVINGS CLAUSE Any resolution of the City incorporating any provisions of this Memorandum shall provide that if any provision of this Memorandum or of such resolution of any kind is at any time or in any way held to be contrary to any law by any Court of proper jurisdiction, the remainder of this Memorandum and the remainder of such resolution shall be affected thereby and shall remain in full force and effect. ARTICLE MIII DURATION This agreement is to cover said employees until June 30, 1982. I F. .�. In witness whereof, the parties hereto have caused their duly authorizes repr- sentatives to execute this Memorandum of Understanding on March 4 , 1982 Employee Relations Officer of the City of Lynwood /A Municipal Corporation By d J Lynwood.rmployee Management Group By Date this 4th day of March , 1982 Dated this 4th day of March , 1