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HomeMy Public PortalAbout82-136 (08-17-82)y �ry RESOLUTION NO. 82 -136 A RESOLUTION OF -THE CITY COUNCIL OF THE.CITY OF LYNWOOD ADOPTING COMPREHENSIVE MEMORANDA OF UNDERSTANDING WHEREAS, collective bargaining was conducted in good faith by designated representatives of the City of Lynwood and a bargaining team from the Lynwood City Employee's Association; and WHEREAS, collective bargaining was conducted in good faith by designated representatives of the City of Lynwood and a bargaining team from the Lynwood Firefighter's Association, and WHEREAS, - collective bargaining.was_ conducted in good faith -by designated - -, representatives of the City of Lynwood and a bargaining team from the Lynwood Employee Management Group, and WHEREAS, agreements have been reached between the designated representatives of the City of Lynwood and the bargaining teams from the employee associations, and WHEREAS, the attached Memoranda (Exhibits A, B, and C) have been approved by the Municipal Employee Relations Officer, ratified by the employee association or group and signed by designated representatives from the employee association or group, NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve as follows: SECTION 1 : The Comprehensive Memoranda of Understanding (Exhibits A, B, and C), which include.all agreed upon provisions toge- ther with a provision relating to the City's obligation to continue to provide $5,000 life insurance for ;General and Firefighter personnel and supercede previous memoranda, between the Lynwood City Employee's Association, Lynwood Firefighter's Association and Lynwood Employee Management - -- - Croup, respectively; and the City of Lynwood -are adopted. -- — -- SECTION 2 That relevant resolutions and policies be prepared as neces- sary to reflect the provisions of the attached Comprehensive Memoranda of Understanding. SECTION This resolution shall take effect immediately upon its adop- tion PASSED, APPROVED and ADOPTED this 17th day of August, 1982 LOUIS A. THOMPSON ° Mayor ATTEST: Andrea Hooper, City Clerk APPROVED AS T O - FORM: David R. McEwen, City Attorney APPROVED AS TO CONTENT: Sandra Chapek, Personnel Manager STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) x 1 I, the undersigned, Citv Clerk of the City of Lynwood, do hereby certify that the foregoina resolution was passed and adopted by the City Council of the City of-- Lynwood at a regular meeting held on the 17th day of AUGUST 1982. AYES: Councilmen Byork, Green, Morris, Rowe, Thompson NOES: None ABSENT: None a 'v_� C;�(, ra. City Clerk, City of Lynwood EXHIBIT A A 9 T Y ' -��'• 11330 EULLIS °,OAD • [Y "; 1 00D. G.ALIFCRMA 50252 (213)603 -0220 COMPREHENSIVE MEMORANDUM OF UNDERSTANDING FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL REGARDING THE LYNWOOD CITY EMPLOYEES ASSOCIATION TABLE OF CONTENTS ARTICLE I IMPLEMENTATION ARTICLE II EMPLOYEE RECOGNITION ARTICLE III CITY RIGHTS ARTICLE IV STEP INCREASES ARTICLE V SALARIES /WAGES ARTICLE VI STANDBY PAY ARTICLE VII OVERTIME ARTICLE VIII TOOL ALLOWANCE ARTICLE IX UNIFORM AND CLOTHING ALLOWANCE ARTICLE X MILEAGE REIMBURSEMENT ARTICLE XI EDUCATION INCENTIVE PAY ARTICLE XII LONGEVITY PROGRAM ARTICLE XIII EMPLOYEE'S INSURANCE COVERAGE ARTICLE XIV SICK LEAVE POLICY ARTICLE XV HOLIDAYS ARTICLE XVI ACTING SUPERVISORY COMPENSATION ARTICLE XVII RETIREMENT POLICY ARTICLE XVIII CALL BACK PAY ARTICLE XIX DISCRIMINATION ARTICLE XX ANNUAL VACATION LEAVE ARTICLE XXI MILITARY LEAVE ARTICLE XXYII LEAVE OF ABSENCE ARTICLE XXIII HOURS OF WORK ARTICLE XXIV ATTENDANCE ARTICLE XXV GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE ARTICLE XXVI BEREAVEMENT LEAVE ARTICLE XXVII EMERGENCY LEAVE ARTICLE XXVIII JURY DUTY ARTICLE XXLY SERVICE DISABILITY ARTICLE XXX NO STRIKE ARTICLE XXI FULL FAITH AND CREDIT CLAUSE ARTICLE XXXII SAVINGS CLAUSE ARTICLE XXXIII DURATION ARTICLE XXXIV GENDER REFERENCES ARTICLE 7C{XV ELIMINATION OF EXEMPT STATUS ARTICLE I IMPLEMENTATION The wages, hours and conditions of employment that are set forth in this memo- randum have been discussed and jointly proposed by and between the Municipal Employee Relations Officer of the City of Lynwood (hereinafter called "City ") and representatives of the Lynwood Employees Association (hereinafter called "Association ") and shall apply to all employees of Lynwood working in the clas- sifications 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 Association, and the Municipal Employee Relations Officer agrees to recom- mend to the Lynwood City Council that all of the items and conditions of employ- ment as set forth herein be incorporated in full in a resolution 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. 's It EMPLOYEE RECOGNITION City hereby recognizes the Lynwood Municipal Employee Association as the recog- nized representative for all members of the Association to the fullest extent allowable under California law applying to public employees and as further de- fined in Resolution 82 -53, adopted by the Lynwood City Council on April 6, 1982 The City shall deduct from the first and second paycheck of each month and remit to the California League of City Employee Associations ( CLOCEA) all such monies that employees individually and voluntarily authorize in writing Such employee authorizations shall comply with appropriate laws and regulations. CLOCEA agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of any action that shall be taken by the City for the purpose of complying with this article. The Association is the recognized bargaining unit for the following classifications: Cashier Switchboard Operator /Clerk Clerk Typist Account Clerk Custodian Water Meter Reader & Installer Park /Pool Security Guard. . Secretary Accounting Technician Administrative Aide Utility Maintenance Worker Park Maintenance Worker Girls /Womens Activity Supervisor Recreation Center Director Administrative Secretary License Representative Equipment Mechanic HOURLY POSITIONS Cashier Typist Steno - Typist Bookkeeper Administrative Intern Locker Attendant Swim Lesson Instructor Lifeguard Aquatics Director Kitchen Supervisor Recreation Aide Recreation Sports Official Specialist Instructor Aquatics Director Building Maintenance Worker Utility Maintenance Worker /Electric Planning Technician Administrative Analyst Civil Engineering Technician Master Equipment Mechani= Building Inspector Code Enforcement Officer Public Works Inspector Planning Associate Civil Engineering Assistant Rehabilitation Clerk Fire Prevention Specialist Economic Development Associate Public Information Officer Rehabilitation Specialist Recreation Leader i Planning Aide Code Enforcement Officer Code Enforcement Officer /Rehabilitation Trainee i Laborer Park Maintenance Worker Pool Maintenance Worker Equipment Mechanic Helper Crossing Guard Crossing Guard Supervisor Youth Aide Natatorium Trainee All non -fire, non - management hourly or part -time classifications hereinafter approved by the City 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 kinds and levels of ser- vices to be provided, and the methods and means of providing them, esta- blish its policies, goals and objectives, determine staffing patterns, determine the number and kinds of personnel required, maintain the effi- ciency of City operations, build, move, modify,or close facilities, esta- blish 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, classify, assign, evaluate, transfer, promote, terminate and discipline employees. B. In cases of emergency, the City retains its right to amend, modify or res- cind provisions of this memorandum. Such amendment, modification or res- cission 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. ARTICLE IV STEP INCREASES Employees are eligible for a step increase upon successful completion of probation and thereafter will be considered on the basis of merit after intervals of one (1) year. Section 1 . Any employee hired or promoted to Step A of a different range of pay, shall receive the Step B salary at the successful com- pletion 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 following time intervals: Step C - One (1) year after the Step B increase Step D - One (1) year after the Step C increase Step E - 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 increases within the range shall be followed in the method described in Section 1. Section 3 . New employees shall be appointed at the first step of the salary range to which their class is assigned, except that when the edu- cation and previous training or experience of a proposed employee are substantially superior to those required of the class and jus- tify a beginning salary in excess of such minimum compensation. Upon recommendation of the department head, the City Manager may authorize an appointment to this position at any higher step. The department head shall submit his recommendation to the City Manager in such form, together with such information as the City Manager may require. The provisions of this article do not apply to those hired or employed on an hourly basis. ARTICLE V SALARIES /WAGES Beginning with the first full pay period in July, 1983 the City will increase all grades of pay in Range 1G to 24G by 7% Jo ARTICLE VI STANDBY PAY When a regular Street, Parks or Water employee is required to be available for immediate emergency call back at times the employee is not otherwise on duty, the employee shall be compensated at the rate of $15 00 per shift. A Public Work or Parks standby shift for all working days is hereby fixed as a duty period extending from 4 00 PM to 8 00 AM of the following day. From 8:00 AM on Saturdays, Sundays, and holidays to 8:00 AM of the following day shall be considered as two (2) standby shifts and the employee will be paid $30 00. All employees during the period they are scheduled for such duty shall per- form such services as may be designated by their respective Superintendent, Supervisor, or the City Manager, and shall be available at all time during the duty shifts for emergency work. No overtime credit shall be accrued to employees working standby shifts. However, the Call back pay provisions apply when an employee on standby is required to return to work. Hourly employees shall not be assigned to standby duty ARTICLE VII 0 VE RT IME Definition a. Time over and above the forty (40) hour work week which the supervisor has determined is required for the employee to complete assigned work. Time shall be allowed in increments of 1/4 hour. b. Call back work incurred at the direction of the Supervisor, Department Head or City Manager wherein City employees are, ordered to return to work for the welfare of the public and the City. Call back time begins from the time the employee reaches the place of employment. Regular standby shifts are not considered overtime and are covered elsewhere in this agreement. Means of Overtime Compensation - As authorized by the Department Head overtime will be compensated by either one or any combination of the following not to exceed the total amount of overtime due. a. Payment for overtime work is at the rate of pay effective when the over- time was earned. Overtime hours will be paid or taken off in the order they are earned. b Straight time pay which is paid at the hourly rate of the employee's clas- sification as determined by dividing the bi- weekly rate by 80 hours. Under no circumstances shall any classified general employee of the City while working overtime be deemed an hourly, per diem or seasonal employee and each such employee is bound to render services to the City without regard to the number of hours worked. c. Compensating time off is a period of time corresponding to earned overtime that the employee is authorized to be away from the work place. During the period of compensatory time off the employee shall be paid the regular salary. Procedures for Overtime Compensation The employee shall file a written request to receive straight time pay or com- pensatory time off for earned overtime with the Department Head prior to the end of the month in which it is earned. Whether or not compensatory time off shall be given to the employee and at what time and over what period shall be within the discretion of the Department Head. Overtime hours must be authorized by the Department and reported, specifying the means of payment as straight time pay or compensating time off, to Accounting by the end of each month. If over- time is to be paid at the straight time rate it will be included in the,employee's check at the next regular bi- weekly payroll period. Compensating time off above the 40 hours maximum must be utilized by the end of the month following the one in which it is earned. Departments will report uti- lization of compensating time off to Accounting so that overtime hours will be deducted from its records. Employees shall not accumulate on the books compen- satory time off hours in excess of 40 hours. At the end of each month depart- ments will also notify Accounting to compensate employees by straight time pay in the next succeeding regular bi- weekly payroll check for compensating time off which was not utilized in the designated month and for that above 40 hours. On March 4, 1982 it was agreed to establish a six month transition period to eliminate previously accumulated overtime exceeding the 40 hours maximum. By September 4, 1982 employees shall use compensating time off or receive straight time pay for the excess overtime. Hourly employees are excluded from the provisions of this article. ARTICLE VIII TOOL ALLOWANCE Full -time classified employees working in the Municipal Garage and who fur- nish their own tools shall be compensated in the following manner: Effective with the first full pay period in July, 1982 $15.00 per month. Effective with the first full pay period in July, 1983 $20.00 per month. ARTICLE IX UNIFORM AND CLOTHING ALLOWANCE The City shall furnish annually to all hourly recreation employees two (2) shirts and one (1) windbreaker identifying them as City employees. All Natatorium personnel 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 uniforms, three (3) uniform changes per week plus one (1) additional laundered shirt per week. r t Y 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 at the rate of 21c per mile. 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 Reimburse- ment form when requesting payment. ARTICLE YI EDUCATION INCENTIVE 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 education pay, over and above established pay schedules, is hereby established. Education pay is allowable for completed courses of approved subjects at accredited schools, 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 $.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 education credit. Accredited schools are herein defined as colleges, junior colleges, universities or other schools providing college credit as may be approved by the City Manager. The City will pay a $50 per month incentive to Civil Engineering Assistants upon certification from the California State Board of Registry as a Certified Professional Engineer (Civil) Effective after July 1, 1983 the City will pay a $40 per month incentive to Utility Maintenance Workers upon receipt of a Grade II Water Treatment Operator Certificate and a $40 per month incentive to :ode Enforcement Officers, Fire Prevention Officers, Building Inspectors and Rehabilitation Specialists upon certification from the International Conference of Building Officials as a building inspector. Suitable written certification from the school or granting agency showing satis- factory completion of each course or program shall be submitted to the Personnel Officer for personnel records. Education pay shall commence the first full pay period in the month following the submission of written certification. The City will contribute 50% of the cost of such courses, excluding the first $10 and any non - instructional fees, up to a maximum $30 per semester course or $20 per quarter course while the employee is accruing the $40 per month maxi- mum per unit pay or certifications specified above. 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. ARTICLE XII LONGEVITY PROGRAM A longevity program is hereby established for regular full -time City emplo- yees 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) years of service. ARTICLE XIII EMPLOYEE'S INSURANCE COVERAGE Effective August 1, 1982 the City shall contribute up to $100 per month per full -time employee toward Health Insurance premiums, This contribution will be applied to the premium for the employee. If the employee elects to have dependent coverage under the existing health plans, the City will apply the difference between the premium for the employee and $100 toward dependent coverage. The employee must,pay the remaining premium. Such payment will be made by payroll deduction. If the premium for employee coverage exceeds $100 the City will continue to pay the entire premium for employee coverage only. Effective with the 1st full pay period beginning in January, 1983 the City will increase its contribution toward Health Insurance premiums up to $125 per employee per month. All of the conditions stated in paragraph #2 of this section will apply to the $125 contribution. Effective with the first full pay period beginning in July, 1983 the City will increase its contribution toward Health Insurance up to $175 per emplo- yee per month. All of the conditions stated in paragraph #1 shall apply to the $175 per employee per month contribution for the remainder of this agree- ment June 30, 1984. Effective August 1, 1982 the deductible for those employees covered by the Aetna Health Plan shall be increased to $150 per employee per year and per_ ".family per year... As soon as possible the City will put into effect the Health Net Group Prac- tice Dental Plan as agreed. The City will pay the full cost of premiums for full -time employees and their eligible dependents for the duration of this agreement June 30, 1984. The City will continue to provide $5,000 life insurance for full -time classified employees in accordance with current practice. ARTICLE XIV SICK LEAVE POLICY Sick leave with pay shall be granted by the City Manager at the rate of one work day for each calendar month of service. Sick leave shall not be con- sidered 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. In order to receive compensation while absent on sick leave, the employee shall notify his immediate supervisor prior to, or within two (2) hours of, the time set for beginning duty, unless notification is physically impractical. The City may require a physician's certificate and release to return to work when- ever there is reasonable cause to believe that there has been an abuse of sick leave or when there is reasonable doubt as to the employee's ability to perform his duties satisfactorily and safely. The City maintains the right to disci- pline any employee for excessive absenteeism. 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 date of resignation or termination (except for cause). The method of compen- sation shall be on a straight time pay basis at the rate of pay in effect at the time of termination. 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 retire- ment. 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 retirement, 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 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. Hourly employees are excluded from the provisions of this article. ARTTM.F. XV HOLIDAYS Section 1 . The City and Association agree to incorporate into this Memo- randum 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) 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 fac- tors and must be approved by the employee's supervisor. b) Subject to (c) below, no floating holidays will be available until the successful completion of the original probationary period. At that time such employees will be credited with a pro rata portion 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 (5) floating holidays on January 1 of each year (in the case of permanent employees) and of a pro rata portion thereof upon successful completion of the probationary period (in the case of new emplo- yees) is based upon the assumption that the employee will successfully complete employment with the City for the calendar year in question. If an employee fails to successfully complete employment for the said calen- dar year, the number of floating holidays available to the employee shall be prorated on the basis of the portion of the calendar year for which the employee was employed by the City. If, under such circumstances, the emplo- yee 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. e) Employees hired as "exempt" prior to July 1, 1982 shall continue to earn and use floating holidays during their probationary period 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 in this regulation falls on Saturday, it shall be observed on the prece- ding Friday. Section 3 . Hourly employees are excluded from the provisions of this article. } ARTICLE, XVI ACTING SUPERVISORY COMPENSATION At such time as the incumbent of a supervisory position becomes temporarily absent for reasons of sick leave, leave of absence or injury on duty status, for a period exceeding 15 calendar days, then the employee designated by the department head to act in said supervisor's absence shall receive compensa- tion at the step rate in the supervisory position's range which exceeds but is closest to the employee's current rate of pay or acting supervisory pay of $100 per month whichever is less. At such time as a supervisory position becomes vacant (for a period exceeding 15 days) that is, the incumbent permanently leaves City employment, an employee, who is ineligible for a temporary appointment, may be designated as "acting" and compensated at the above rate provided that the Department Head determines that said'employee is best qualified to perform all, or a substantial portion of, the duties of the vacant supervisory position and assigns the employee to perform these duties. Compensation for acting in a supervisory position would commence on the six- teenth (16th) day and would continue until such time as the previously absent supervisor returns to work or the vacant position is filled. Hourly employees are excluded from the provisions of this article. ARTICLE XVII RETIREMENT POLICY Effective August 1, 1982 the City agrees to pay the employee's contribution of 7% for all employees who are required to be members of the Public Emplo- yees' Retirement System (PERS), Retirement compensation shall be computed on the employee's one (1) year's highest earnings. 0 ARTICLE YVIII CALL BACK PAY In the event an employee, including the employee on standby, is called back or required to report to work, such employee shall be paid a minimum of two (2) hours at straight time or allowed two (2) hours of compensatory time off. Response to further emergency calls within the paid two hour minimum period do not result in additional two hour minimum periods. Hourly employees are excluded from the provisions of this article. ARTICLE XIX DISCRIMINATION It is agreed that neither the City nor the Association shall discriminate against any employee because of race, national origin, age, sex or Asso- ciation membership or activity. It is further agreed that neither the City nor Association shall discriminate against any employee because of religion, marital status, political affiliation or a qualified physical or mental handicap ARTICLE XX ANNUAL VACATION LEAVE 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: (1) 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. (2) Employees who work on an intermittent or seasonal basis and all hourly employees. All eligible employees in the first through seventh year of continuous ser- vice shall earn vacation credit at the rate of 14 calendar days (10 work days) per year. Beginning with the eighth year and through the fourteenth year of continuous service employees shall earn vacation credit at the rate of 21 calendar days (15 work days) per year. Beginning with the fifteenth year of continuous service and thereafter employees shall earn vacation credit at the rate of 28 calendar days (20 work days) per year. Each eligible employee shall be required to have served the equivalent of one year of continuous service in.the_City in order to.be eligible for his full annual vacation leave; provided, however, that after six months of con- tinuous service, he may be permitted to take vacation leave not 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 wishes of the employees and particular regard for the needs of the service. Subject to the provisions of the next 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, for per- mission 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 Department Head and the City Manager, acting jointly, or in his absence, or in case of their inability to act, for any reason, 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 fol- lowing the calendar year the employee's request was filed, in addition to any vacation 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 minimum 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. Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave prior to the effective date of termination. Those employees hired as "exempt" prior to July 1, 1982 shall be allowed to continue to utilize earned vacation during the initial probationary period. ARTICLE XXI 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 opportunity within the limits of military regulations to determine when such leave shall be taken. I ARTICLE XXII LEAVE OF ABSENCE An employee with at least one (1) year of continuous service may be granted an unpaid leave of absence of up to thirty (30) days due to injury or ill- ness, other than job - related, upon presentation of a certificate by the employee's physician stating the necessity for such leave. Such leave may be extended for successive periods of up to thirty (30) days each upon pre- sentation of a certificate by the employee's physician stating the neces- sity for such extensions. Such unpaid medical leave shall not exceed one hundred eighty consecutive days. An employee returning from such medical leave shall present a certificate by the employee's physician stating that the employee is able to return to work. The City may, whenever it appears justified, independently verify the physician's statements provided for in this section. During the term of such medical leave, the City shall conti- nue to pay the health insurance premiums for the employee only. An employee with at least one (1) year of continuous service may be. granted an unpaid leave of absence of up to thirty (30) days for other legitimate purposes. Such leave may be extended for successive periods of up to thirty (30) days each where extenuating circumstances are shown. Employees who have been granted an unpaid leave of absence for any purpose shall not accrue bene- fits during the term of such leave. All requests for unpaid medical or military leave must be in writing to the Department Head and approved by the City Manager. All other requests for leaves must be approved by the City Council. 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 of such leave shall be considered a voluntary resig- nation. Hourly employees are excluded from the provisions of this article. ARTICLE XXIII HOURS OF WORK All classified City employees shall work five (5) eight (8) hour shifts per week, Monday through Friday, except as designated by other Resolutions and Ordinances enacted by the City Council and by directives of the City Manager acting within the framework of said Resolutions and Ordinances. Resolution 76 -86 provides that no hourly person, temporary help or seasonal worker shall work more than 35 hours in any week. W ARTICLE XX IV ATTENDANCE Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. If an employee is unable to report to work, he must notify his supervisor in accordance with departmental policy. Failure to do so may result in disciplinary action. Any employee who is unable to report to work for a period in excess of ten (10) working days must be on paid leave status (vacation, holiday or sick leave) or must apply to the Department Head for an unpaid leave of absence. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be deemed a resignation unless an acceptable reason is given. Such notice to return shall be sent by registered mail to the addres- see only, return receipt requested. It is the responsibility of the employee to notify the supervisor and the Personnel Department of any change of address or telephone number. ARTT(`Y XYV GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE A "Grievance" shall be defined as a controversy between the City and the Association or an employee or employees covered by this Agreement Such controversy must pertain to any of the following: (1) Any matter relating to working conditions, (2) Any matter involving the interpretation or appli- cation of any provision of this Agreement, or (3) Any matter involving the violation of any provision or intent of this Agreement except any articles and provisions which state that they are not subject to this Article. An appeal of a disciplinary action, including suspension, discharge for cause, demotion or disciplinary reduction in pay, shall initially be submitted at Step 3, and contain a succinct written statement of the basis of appeal, with- in five (5) working days of the imposition of discipline All written res- ponses to a disciplinary appeal will specify reasons for the decision and inform the employee of the appeal procedure and applicability of Section 1094.6 of the Code of Civil Procedure limiting the time within which legal actions must be commenced. There shall be an earnest effort on the part of both parties to settle grie- vances promptly through the steps listed below. The employee may request the assistance of a representative of his own choosing in preparing and presenting a grievance. Either party to the grievance may invite persons with relevant information to be present. For purposes of this procedure "working days" refers to Monday through Friday, 8:00 AM to 5:00 PM, and excludes weekends and holidays. Step 1 An employee's grievance must be orally discussed with the first line supervisor immediately in charge of the aggrieved employee within five (5) working days after the event giving rise to the grievance, or five (5) working days after the date that he should have been reasonably expected to have had knowledge of the grievance. The supervisor will give his answer to the employee by the end of the second (2nd) working day following the presentation of the grievance and the giving of such answer will terminate Step 1. Step 2 : If the grievance is not settled in Step 1 and the employee wishes to pursue it further, the grievance will be reduced to writing by the employee, fully stating the facts surrounding the grievance and /or detailing the specific provisions of this Agreement alleged to have been violated, signed and dated by the employee and presented to the Department Head or,in his absence,his designee within five (5) working days after termination of Step '1. Written discrimination allegations must contain a description of the purported discriminatory action and the specific basis which is defined by Federal or State law as discri- minatory. A meeting with the employee, designated representative (if any) and Department Head or,in his absence,his designee may be arranged at a mutually agreeable location and time to review and discuss the grievance. If scheduled, such meeting will take place within five (5) working days from the date the grievance is received by the Department Head or,in his absence,his designee The Department Head or,in his absence,his designee will give a written reply by the end of the third (3rd) work day following the date of the meeting, and the giving of such reply will terminate Step 2. Step 3 : If the grievance is not settled in Step 2, the employee may present the written grievance to the Personnel Director or, in his absence, his designee within five (5) working days after termination of Step 2. A meeting with the employee, designated representative (if any), and Personnel Director or, in his absence, his designeee will be arranged at a mutually agreeable location and time to review and dis- cuss the grievance. Such meeting will take place within five (5) working days from the date the grievance is received by the Personnel director or his designee. The Personnel Director or, in his absence, his designee may invite other persons with relevant information to be present at such meeting. The Personnel Director or, in his absence, his designee will give written reply by the end of the fifth (5th) work day following the date of the meeting, and the giving of such reply will terminate Step 3. ' Step 4 : If the grievance is not settled at Step 3, the employee may move the grievance to Step 4 by serving written notice upon the City Manager within five (5) working days after receipt of the reply in Step 3, or within five (5) working days after the reply was due, requesting a meeting. Said meeting shall be scheduled within ten (10) working days after receipt of such request. The City Manager or, in his absence, his designee shall provide the employee with a written dis- position of the grievance within five (5) working days after the meeting. The City Manager's decision shall be final and binding, except in disciplinary and discrimination cases as specified below. Step 5 : The employee may seek review by the Personnel Board of the City Mana- ger's decision in grievance matters by submitting a written request to the Personnel Department within five (5) working days from the date of the answer in Step 4. The Personnel Board may grant an informal hearing and the Board's role in such matters is advisory only, except that in disciplinary and discrimination cases, the Board shall grant a hearing and the Board's decision shall be final and binding If an employee has complied with the above steps and requested Personnel Board review in a disciplinary appeal or discrimination allegation, the Board shall hold a hearing within thirty (30) days of the request and take such action as it deems appropriate. It is agreed that neither party shall attempt to influence the Personnel Board prior to the hearing. Upon conclusion of any investigation or hearing, the Personnel Board shall, with- in ten (10) working days, notify Personnel in writing of its findings and recom- mendations. A copy of such findings shall be transmitted to the affected employee All costs of representation resulting from this process shall be borne by the party incurring them. A grievance or other appeal which is not brought or brought forward within the time limit provided within each of the sections of this article shall be deemed to have been waived and settled, unless such time limit is expressly extended by mutual agreement. Time limits as set forth above may be extended by a mutual agreement between the parties, but neither party shall be required to do so. In accordance with the Code of the City of Lynwood, Chapter 24, and Personnel Rules and Regulations, the Personnel Board does not have jurisdiction over hourly employees and, therefore, Step 5 above does not apply to hourly employees. 1 ARTICLE XXVI BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, the City "tanager may grant a three day bereavement leave with pay. "Immediate family" is defined as mother or father or grandparents of employee or mate, mate, brother, sister, children or grandchildren of employees. Hourly employees are excluded from the provisions of this article. 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 not covered by bereavement leave. 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 review the request. The City Manager's decision shall be final. Hourly employees are excluded from the provisions of this article. ARTICLE XXVIII 0111:YM/71f1YA 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 emplo- yee's regular hourly rate of salary MINUS the amount paid by the courts. ARTICLE XXIX SERVICE DISABILITY Under the provision 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 Lyn- wood provides full salary continuance for 90 days to an employee who is dis- abled by injury or illness arising out of and in the course of his duties. Time off work due to an on- the -job injury is not deductible from accumulated sick leave for a period not to exceed ninety (90) days. Thereafter, compen- sation shall be only as provided in the Worker's Compensation Insurance and Safety Act. Hourly employees are excluded from the provisions of this article relating to 90 day salary continuance. ARTTM F. X%R NO STRIKE A. Prohibited Conduct Section 1 The Association, its officers, agents, representative and /or members agree that during the term of this Agreement they will not cause or condone any strike, walkout, slowdown, sick -out, or any other job action by withholding or refusing to perform services. Section 2 . Any employee who participates in any conduct prohibited in Sec- tion 1 above, shall be subject to termination by the City Section 3 . In addition to any other lawful remedies or disciplinary actions available to the City if the Association fails, in good faith, to perform all responsibilities listed below in B , Section 1, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Reso- lution in this Agreement including, but not limited to, right of access, check -off, the use of the City bulletin boards and facilities. B. Association Responsibility Section 1 . In the event that the Association, its officers, agents, repre- sentatives, or members engage in any of the conduct prohibited in A_, Section 1, above, the Association shall immediately in- struct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful and they must immediately cease engaging in conduct prohibited in A , and return to work. Section 2 . If the Association performs all of the responsibilities set forth in Section 1 above, its officers, agents, representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of Section 1 above. ARTICLE XXXI FULL FAITH AND CREDIT CLAUSE For purposes of administering the terms and provisions of the various ordi- nances, resolutions, rules and regulations which may be adopted by the City pursuant to this Memorandum of Understanding, all matters resolved in Memo- randum of Understanding for prior years, all resolutions of the City Council, and all existing matters resolved regarding wages, hours, fringe benefits and conditions of employment prior to Myers - Milias -Brown Act of 1968, will remain unchanged and unaltered except where expressly changed or altered in this Memorandum of Understanding. ., r ARTICLE XXXII 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 not be affected thereby and shall remain in full force and effect. I' ARTICLE XXXIII 1111"_ ldrom This agreement is to cover said employees until June 30, 1984. w ny L. In witness whereof, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding on August 13, 1982 Employee Relations Officer of the City of Lynwood /A Mu`/n'(i,cipal Corporation / By Li u/ I �/ - a L Dates this 13th day of August, 1982 Lynwood City Employees Association Dated this 13thday of August, 1982] y, YI �• e i il To - D. 7 11330 BUL'_IS ROAD • Lr NSVOOD CALIFORNIA 90252 12131603.0220 EXHIBIT B 1 COMPREHENSIVE MEMORANDUM OF UNDERSTANDING FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL REGARDING THE LYNWOOD FIREFIGHTER'S ASSOCIATION . J TABLE OF CONTENTS ARTICLE I IMPLEMENTATION ARTICLE II EMPLOYEE RECOGNITION ARTICLE III CITY RIGHTS ARTICLE IV STEP INCREASES ARTICLE V SALARIES /WAGES ARTICLE VI PROMOTIONAL EXAMINATIONS ARTICLE VII LONGEVITY PAY ARTICLE VIII WORK SCHEDULE ARTICLE IX OVERTIME ARTICLE X UNIFORM AND CLOTHING ALLOWANCE' ARTICLE XI DISCRIMINATION ARTICLE XII BULLETIN BOARDS ARTICLE XIII MILEAGE REIMBURSEMENT ARTICLE XIV EDUCATION INCENTIVE PAY ARTICLE XV EMERGENCY LEAVE ARTICLE XVI MILITARY LEAVE ARTICLE XVII BEREAVEMENT LEAVE ARTICLE XVIII EMPLOYEE'S INSURANCE COVERAGE ARTICLE XIX PAYROLL DEDUCTIONS ARTICLE XX NO STRIKE ARTICLE XXI HOLIDAYS ARTICLE XXII VACATIONS ARTICLE XXIII SICK LEAVE POLICY ARTICLE XXIV ACTING IN A HIGHER RANK ARTICLE XXV PHYSICAL EXAMINATIONS JURY DUTY LEAVE OF ABSENCE ATTENDANCE GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE RETIREMENT WORKMEN'S COMPENSATION FULL FAITH AND CREDIT CLAUSE SAVINGS CLAUSE DURATION GENDER REFERENCES ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX ARTICLE XXX ARTICLE XXXI ARTICLE XXVII ARTICLE XXXIII ARTICLE XXXIV ARTICLE XXXV JURY DUTY LEAVE OF ABSENCE ATTENDANCE GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE RETIREMENT WORKMEN'S COMPENSATION FULL FAITH AND CREDIT CLAUSE SAVINGS CLAUSE DURATION GENDER REFERENCES 1 .t ARTICLE I IMPLEMENTATION 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 the Lynwood Firefighter's Association (hereinafter cal- led "Association ") and shall apply to all employees of Lynwood working in the classifications as set forth herein. The terms and condition of employ- ment that are set forth in this memorandum have been discussed in good faith between City and Association, and the Municipal Employee Relations Officer agrees to recommend to the Lynwood City Council that all of the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council or where appropriate, in a policy statement. Upon the adoption of such a resolution and /or policy statement, all the terms and conditions of this memorandum so incorporated, shall be effective without any further action by either party. , ARTT('f.F. TT EMPLOYEE RECOGNITION City hereby recognizes the Lynwood Firefighter's Association as the recog- nized representative for all members of the Association to the fullest extent allowable under California law applying to public employees and as further defined in Resolution No. 82 -53; adopted by the Lynwood City Council on April 6, 1982 The Association is therefore the recognized bargaining agent for the following classifications: Firefighter Engineer Captain 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 kinds and levels of ser- vices to be provided, and the methods and means of providing them, esta- blish its policies, goals and objectives, determine staffing patterns; determine the number and kinds of personnel required, maintain the effi- ciency and City operations; build, move, modify or close facilities, establish budget procedures and determine budgetary allocations, deter- mine 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, classify, assign, evaluate, transfer, promote, terminate and discipline employees. B. In cases of emergency, the City retains its right to amend, modify or res- cind provisions of this memorandum. Such amendment, modification or res- cission shall 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. ARTICLE IV STEP INCREASES Section 1 . Any employee hired or promoted to Step A of a different range of pay shall receive the Step B salary at the successful com- pletion .of 6 months upon recommendation of the Fire Chief. In- creases to Step C, D and E within any pay range shall be based on satisfactory job performance by the individual and shall be reviewed at least at the following intervals Step C - One (1) year after the Step B increase Step D - One (1) year after the Step C increase Step E - One (1) year after the Step D increase Section 2 . Employees hired or promoted to any step above A shall receive the next step at the successful completion of 6 months upon recommen- dation of the Fire Chief Other increases within the range shall be followed in the method described in Section 1. Section 3 . New employees shall be appointed at the first step of the salary range to which their class is assigned, except that when the edu- cation and previous training or experience of a proposed employee are substantially superior to those required of the class and jus- tify a beginning salary in excess of such minimum compensation Upon recommendation of the Fire Chief, the City Manager may autho- rize an appointment to this position at any higher step. The Fire Chief shall submit his recommendation to the City Manager in such form, together with such information as the City Manager may re- quire. ARTICLE V SALARIES /WAGES Effective the first full pay period in January, 1984 the City will increase by 10% the salaries for all represented employees except those in the rank of Firefighter At Steps A and B. ARTICLE VI PROMOTIONAL EXAMINATIONS Promotional examinations for the ranks of Engineer and Captain shall be sche- duled on an alternating basis such that each respective examination shall be administered at two (2) year intervals The lists resulting from such exami- nations shall remain valid for a period of two (2) years, provided that the Fire Chief has approved the lists. If the Fire Chief determines that any such list is inadequate to meet the needs of the department, he may, at his discretion, request that the Personnel Board declare the list invalid. If the request is granted, the Fire Chief may schedule, additional examinations on an as- needed basis. The lists resulting from such interim examinations shall remain valid until the next regularly scheduled examination, subject to the provisions of this article. In the event that the results of a Captain's examination do not provide an acceptable promotional list, and a vacancy occurs in the rank of Captain before another examination is held, the vacancy shall be filled by a quali- fied applicant from outside the department. ARTICLE VII LONGEVITY PAY FIREFIGHTER After 5 years employment - After 10 years employment - After 15 years employment- $250 additional $500 additional $750 additional annual pay over base pay annual pay over base pay annual pay over base pay ENGINEER After 5 years employment - $275 additional annual pay over base pay After 10 years employment- $525 additional annual pay over base pay After 15 years employment- $800 additional annual pay over base pay After 20 years employment- $1050 additional annual pay over base pay CAPTAIN After 5 years employment - $300 additional annual pay over base pay After 10 years employment- $600 additional annual pay over base pay After 15 years employment- $900 additional annual pay over base pay After 20 years employment- $1200 additional annual pay over base pay ARTICLE VIII WORK SCHEDULE Employees governed by this Memorandum shall work a fifty -six (56) hour sche- dule consisting of three (3) twenty -four (24) hour shifts in each nine (9) work cycle (commonly referred to as a 3 on - 4 off schedule) which schedule shall average 121.75 shifts per calendar year consisting of 2.922 hours. ARTICLE IX OVE RT INE Compensation for all overtime worked by the ranks of Firefighter, Engineer, and Captain shall be computed from a base which includes employee's monthly base salary, plus any special assignment compensation, longevity pay, educa- tion pay, and any other compensation received which is subject to deduction of retirement contributions. Employees who work overtime shall be paid in the pay period following over- time worked or the time will be banked for compensatory time off The employee shall decide to take the pay or the time off immediately No employee shall be allowed more than sixty (60) hours on the books In the event of an emergency fire or disaster, off duty employees called back and requested to work shall be compensated for the first eight (8) hours of such work at an hourly rate computed on the basis of a forty (40) hour work week. The bi- weekly base pay of the employee shall be divided by eighty (80) hours to arrive at the hourly rate. All hours worked in excess of eight (8) hours shall be compensated at the employee's regular straight time rate. If such emergency call -in occurs within 2 hours of an employee's regularly sche- duled workshift the employee will be paid his regular rate for the scheduled shift. Employees required to appear in court while off duty shall be compensated at the emergency rate as specified.above.._ _ In the event an employee is called back and required to report to work, such employee shall be paid at a minimum of two (2) hours or the actual hours worked, whichever is greater, at either straight time or the emergency fire /disaster rate, whichever is applicable In lieu of pay the actual hours of overtime worked may be banked for compensatory time off I ARTTMR X UNIFORM AND CLOTHING ALLOWANCE Fire personnel for the ranks of Firefighter through Captain shall receive annually a uniform replacement allowance of One Hundred Fifty Dollars ($150) An annual purchase order will be issued for replacement. Effective first full pay period in July of 1983 the annual uniform allowance will be Two Hundred Dollars ($200), of which $50 shall be provided in cash for purposes of maintenance of uniform. ARTICLE YI DISCRIMINATION It is agreed that neither the City nor the Association shall discriminate against any employee because of race, national origin, age, sex or Associa- tion membership or activity It is further agreed that neither the City nor Association shall discriminate against any employee because of religion, mari- tal status, political affiliation or a qualified physical or mental handicap ARTICLE %II BULLETIN BOARDS A bulletin board will be provided for the recognized employees organizations of fire suppression after review by the Fire Chief. ARTICLE XIII MILEAGE REIMBURSEMENT With the approval of the Fire Chief and the City Manager, the City will reimburse full -time employees required to use their personal vehicles for the purpose of conducting City business at the rate of .21C per mile. The employee must document the date, destination and beginning and ending odometer reading from his vehicle in supporting the request. Said infor- mation must be logged on Expense Reimbursement form when requesting payment. I ARTICL XIV EDUCATION INCENTIVE 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 education pay, over and above established pay schedules, is hereby established. Education pay is allowable for completed courses of approved subjects at accredited schools, 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 semes- ter unit and is compensated at $.67 per month per quarter unit Maximum pay is fixed at $40 per month. All courses of study must have prior approval by the Fire Chief and the City Manager in order to receive education credit. Accredited schools are herein defined as colleges, junior colleges, universities or other schools providing college credit as may be approved by the City Manager. Suitable written certification from the school showing satisfactory com- pletion of each course shall be submitted to the Personnel Officer for personnel records. Education pay shall commence the first pay period after the first of the month following the submission of written certi- fication. The City will contribute 50% of the cost of such courses, excluding the first $10 and any non - instructional fees, up to a maximum of $30 per semester course or $20 per quarter course while the employee is accruing the per unit educational incentive pay The provisions of this section do not apply to employees undertaking an approved course during a regular work day or assigned shift. The City agrees to pay Fire personnel for ranks of Firefighter through Captain incentive for job - related educational achievements as follows: 30 units: 21 units Fire Science and 9 units Fire Science curriculum - (total) 2.5% of base salary Upon attainment of the 2.5% achievement level, an employee forfeits the $1.00 per semester unit or $.67 per quarter unit accrual to that point. An emplo- yee may additionally receive $1.00 per semester unit or $ 67 per quarter unit in addition to the 2.5% as per current policy, for job - related courses taken subsequent to achieving the 2.5% level with a maximum of $40 per month, or until attainment of an Associate in.Arts degree in Fire Science from an accre- dited institution, at which time such employee shall receive 5% of base salary,.,, as is present policy. An employee may receive additional incentive pay for approved job related courses taken subsequent to the 5% level The maximum number of units eli- gible for such compensation is 40 semester units or 60 quarter units. Units acquired prior to July 1, 1982 shall be compensated at the rate of $1.00 per semester unit and $.67 per quarter unit. Courses completed after July 1, 1982 shall be compensated at the rate of $1 50 per semester unit or $1.00 per quarter unit. On the job courses during regular work shift shall not qualify for additional pay. Degrees and /or units obtained prior to employment with the City of Lynwood will be approved by the Fire Chief and City Manager if the following criteria is met: 1. Job- related and approved courses 2. Units of Fire Science 3. Approved courses completed prior to employment with the City shall be excluded from the "per unit pay" provision except as part of either the 2.5% or 5% plateau. ARTICLE %V EMERGENCY LEAVE In the event of an emergency, the Department may grant the use of a maximum of two shifts sick leave annually as emergency leave. Application for emer- gency leave may be made under the following conditions: 1) Hospitalization or illness in immediate family 2) Death in family not covered by bereavement leave 3) Other events which preclude the employee's attendance at work and which the Department Head determines constitutes an emergency. If the Depart- ment denies.an employee's request for emergency leave, the employee may request in writing that the City Manager review the request. The City Manger's decision shall be final. ARTICLE XVI 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 opportunity within the limits of military regulations to determine when such leave shall be taken. ARTICLE XVII BEREAVEMENT LEAVE Subject to the Fire Chief's discretion and approval, any employee may be allowed up to two full shifts for bereavement purposes. Bereavement leave with pay may be granted in the event of a death in the employee's immediate family. "Immediate Family" is defined as mother or father or grandparents of employee or mate, mate, brother, sister, children or grandchildren of employees. ARTICLE XVIII EMPLOYEE'S INSURANCE COVERAGE Effective August 1, 1982 the City shall contribute up to $100 per month per full -time employee toward Health Insurance premiums. This contribution will be applied to the premium for the employee. If the employee elects to have dependent coverage under the existing health plans, the City will apply the difference between the premium for the employee and $100 toward dependent coverage. The employee must pay the remaining premium. Such payment will be made by payroll deduction. If the premium for employee coverage exceeds $100 the City will continue to pay the entire premium for employee coverage only. Effective with the first full pay period beginning in July, 1983 the City will increase its contribution toward Health Insurance up to $175 per emplo- yee per month. All of the conditions stated in paragraph #1 shall apply to the $175 per employee per month contribution for the remainder of this agree- ment June 30, 1984. Effective August 1, 1982 the deductible for those'employees covered by the Aetna Health Plan shall be increased to $150 per employee per year and $300 per family per year. As soon as possible the City will put into effect the Health Net Group Prac- tice Dental Plan as agreed. The City will pay the full cost of premiums for full -tic employees and their eligible dependents for the duration of this agreement June 30, 1984. The City will continue to provide $5,000 life insurance for full -time classified employees in accordance with current practice. ARTICLE YIY PAYROLL DEDUCTIONS It is mutually agreed that the City will, during the term of this Memorandum of Understanding, deduct monies and remit to the Association as authorized by Employee payroll deduction authorization, regardless the reason for the deduction providing there is not more than two deductions per pay period. The Association hereby expressly agrees to save and hold the City, its offi- cers, employees and agents free and harmless from and against any and all claims, damages, costs, expenses, losses or liability of any kind or nature whatsoever arising out of or resulting from the deduction. ARTICLE :UC Nn STTZTVF. A. Prohibited Conduct Section 1 . The Association, its officers, agents, representative and /or members agree that during the term of this Agreement they will not cause or condone any strike, walkout, slowdown, sick -out, or any other job action by withholding or refusing to perform services. Section 2 . Any employee who participates in any conduct prohibited in Sec- tion 1 above, shall be subject_ to termination by the City Section 3 . In addition to any other lawful remedies or disciplinary actions available to the City if the Association fails, in good faith, to perform all responsibilities listed below in B , Section 1, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Reso- lution in this Agreement including, but not limited to, right of access, check -off, the use of the City bulletin boards and facilities. B. Association Resoonsibilitv Section 1 . In the event that the Association, its officers, agents, repre- sentatives, or members engage in any of the conduct prohibited in A_, Section 1, above, the Association shall immediately in- struct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful and they must immediately cease engaging in conduct prohibited in A , and return to work. Section 2 . If the Association performs all of the responsibilities set forth in Section 1 above, its officers, agents, representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of Section 1 above. ARTICLE XXI HOLIDAYS Employees working the twenty -four (24) hour shift schedule shall receive five (5) shifts for holidays. The employee shall have the option of being paid for holiday shifts or taking them as time off. If time off is selected, the shifts must be scheduled according to departmental policy or the Fire Chief may choose to schedule the time or authorize the payment. It is understood that holidays and vacations will be taken in increments of three (3) shifts or any combination of three (3) shifts. Employees who choose the option of pay for any holidays must notify the depart- ment at vacation sign -up time. One half payment will be in the last full pay- roll period in March, and one -half in the last full pay period in November. ARTICLE XXII VACATIONS Employees working the twenty -four (24) hour shift schedule shall receive annual paid vacation of six (6) shifts off after the first year of service through the seventh year of service; and eight (8) shifts off from the eighth year of service through the fourteenth year, and nine (9) shifts thereafter. Employees may at their option split their vacation into seg- ments of three (3) shifts at a time including the three (3) holiday shifts as per Article XXI. Effective July 1, 1983 employees beginning their fifteenth (15th) year or more of continuous service shall receive ten (10) shifts of annual vacation. ARTICLE XXIII SICK LEAVE POL Sick leave of members of the Fire Department who work on a shift or platoon system shall be granted at the rate of six shifts per year. 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 sick- ness or disability. In order to receive compensation while absent on sick leave, the employee shall notify his immediate supervisor in accordance with departmental policy, unless notification is physically impractical. The City may require a phy- sician's certificate and release to return to work whenever there is reasona- ble cause to believe that there has been an abuse of sick leave or when there is reasonable doubt as to the employee's ability to perform his duties satis- factorily and safely The City maintains the right to discipline any employee for excessive absenteeism. At the time of resignation or termination (except for cause) after ten years employment with the City, the fire service employees will be compensated for one - quarter of their unused sick leave which has been accrued to the effec- tive date 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 termination. Accrual of sick leave shall be limited to a maximum of forty -eight (48) work shifts for which 50% compensation shall be received upon regular service retirement. Sick leave earned in excess of 48 shifts prior to July 1, 1974, shall be retained and frozen effective June 30, 1974 and upon regular service retirement, 50% compensation for said frozen sick leave also be received. 25% of sick leave earned beyond 48 shifts 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 48 shift 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. 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. ARTICLE XXIV ACTING IN A HIGHER RANK If an employee is designated to serve in a higher rank on an acting basis, such employee shall be paid a one -time bonus of one hundred dollars ($100), provided that the employee meets the minimum qualifications of the higher position, including having passed the appropriate examination. The employee shall be paid this bonus subsequent to qualifying on each new eligibility list and shall be paid the first time the employee is so designated. At such time as the incumbent of a higher rank position becomes temporarily absent for reasons of sick leave, leave of absence or injury on duty status, for a period exceeding thirty days, then the employee replacing said super- visor shall receive compensation at a rate equal to the "A" step of the rate of the supervisory position or 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 supervisory replacement as designated in this article shall be selected by the Fire Chief. �1 ARTICLE XXV PHYSICAL EXAMINATIONS It is mutually agreed that the City and the Association will, during the term of this Memorandum of Understanding, endeavor to have all fire depart- ment personnel receive a complete physical examination including a stress EKG. ARTICLE 7CCVI 0111WO51110 Fire Department personnel in the bargaining unit who are required to report for jury duty will receive their regular rate of pay LESS any monies paid by the Court. ARTICLE XXVII LEAVE OF ABSENCE An employee with at least one (1) year of continuous service may be granted an unpaid leave of absence of up to thirty (30) days due to injury or ill- ness, other than job - related, upon presentation of a certificate by the employee's physician stating the necessity for such leave. Such leave may be extended for successive periods of up to thirty (30) days each upon pre- sentation of a certificate by the employee's physician stating the necessity for such extensions. Such unpaid medical leave shall not exceed one hundred eighty consecutive days. An employee returning from such medical leave shall present a certificate by the employee's physician stating that the employee is able to return to work. The City may, whenever it appears justified, inde- pendently verify the physician's statements provided for in this section. During the term of such medical leave, the City shall continue to pay the health insurance premiums for the employee only An employee with at least one (1) year of continuous service may be granted an unpaid leave of absence of up to thirty (30) days for other legitimate purposes. Such leave may be extended for successive periods of up to thirty (30) days each where extenuating circumstances are shown. Employees who have been granted an unpaid leave of absence for any purpose shall not accrue bene- fits during the term of such leave. All requests for unpaid - medical or military -leave must be in writing to the department head and approved by the.-City Manager. All other requests for leaves must be approved by the City Council. 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 of such leave shall be considered a voluntary resignation. ARTICLE XXVIII ATTENDANCE Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. If an employee is unable to report to work, he must notify his supervisor in accordance with departmental policy. Failure to do so may result in disciplinary action. Any employee who is unable to report to work for a period in excess of two (2) shifts must be on paid leave status (vacation, holiday or sick leave) or must apply to the department head for an unpaid leave of absence. Failure on the part of an employee„ absent without leave, to return to duty Within 24 hours after notice to return shall be deemed a resignation unless an acceptable reason is given. Such notice to return shall be sent by registered mail to the addressee only, return receipt requested. It is the responsibility of the employee to notify the supervisor and the Personnel Department of any change of address or tele- phone number. A 4 ARTICLE XXIX GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE A "Grievance" shall be defined as a controversy between the City and the Association or an employee or employees covered by this Agreement. Such controversy must pertain to any of the following: (1) Any matter relating to working conditions, (2) Any matter involving the interpretation or appli- cation of any provision of this Agreement, or (3) Any matter involving the violation of any provision or intent of this Agreement except any articles and provisions which state that they are not subject to this Article. An appeal of a disciplinary action, including suspension, discharge for cause, demotion or disciplinary reduction in pay, shall initially be submitted at Step 3, and contain a succinct written statement of the basis of appeal, within five (5) working days of the imposition of discipline. All written responses to a disciplinary appeal will specify reasons for the decision and inform the employee of the appeal procedure and applicability of Section 1094.6 of the Code of Civil Procedure limiting the time within which legal actions must be commenced. There shall be an earnest effort on the part of both parties to settle grie- vances-promptly through the steps listed below. The employee may request the assistance of a representative of his own choosing in preparing and presenting a grievance. Either party to the grievance may invite persons with relevant information to be present. For purposes of this procedure "working days" refer to Monday through Friday, 8:00 AM to 5 00 PM, and excludes weekends and holidays. Step 1 : An empl'oyee's grievance must be orilly with the Captain immediately in charge of the aggrieved employee within five (5) working days after the event giving rise to the grievance, or five (5) working days after the date that he should have been reasonably expected to have had knowledge of the grievance. The Captain will give his answer to the employee by the end of the second (2nd) working day following the presentation of the grievance and the giving of such answer will terminate Step 1. Step 2 : If the grievance is not settled in Step 1 and the employee wishes to pursue it further, the grievance will be reduced to writing by the employee, fully stating the facts surrounding the grievance and /or detailing the specific provisions of this Agreement alleged to have been violated, signed and dated by the employee and presented to the Fire Chief or, in his absence, his designee within five (5) working days after termination of Step 1. Written discrimination allegations must contain a description of the purported discriminatory action and the specific basis which is defined by Federal or State law as dis- criminatory. A meeting with the employee, designated repesentative (if any) and Fire Chief or, in his absence, his designee may be arranged at a mutually agreeable location and time to review and discuss the grievance. If scheduled, such meeting will take place within five (5) working days from the date the grievance is received by the Fire Chief or, in his absence, his designee. The Fire Chief or, in his absence, his designee will give a written reply by the end of the third (3rd) work day following the date of the meeting, and the giving of such reply will terminate Step 2. Step 3 : If the grievance is not settled in Step 2, the employee may present the written grievance to the Personnel Director or, in his absence, his designee within five (5) working days after termination of Step 2. A meeting with the employee, designated representative (if any), and Personnel Director or, in his absence, his designee will be arranged at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within five (5) working days from the date the grievance is received by the Personnel Director or his designee. The Personnel Director or, in his absence, his designee may invite other persons with relevant information to be present at such meeting. The Personnel Director or, in his absence, his designee.will give written reply by the end of the fifth (5th) work day following the date of the meeting, and the giving of such reply will terminate Step 3. Step 4 : If the grievance is not settled at Step 3, the employee may move the grievance to Step 4 by serving written notice upon the City Manager within five (5) working days after receipt of the reply in Step 3, or within five (5) working days after the reply was due, requesting a meeting. Said meeting shall be scheduled within ten (10) working days after receipt of such request. The City Manager or, in his absence, his designee shall provide the employee with a written disposition of the grievance within five (5) working days after the meeting. The City Manager's decision shall be final and binding, except in discipli- nary and discrimination cases as specified below. Step 5 : The employee may seek review by the Personnel Board of the City Manager's decision in grievance matters by submitting a written request to the Personnel Department within five (5) working days from the date of the answer in Step 4. The Personnel Board may grant an informal hearing and the Board's role in such matters is advisory only, except that in disciplinary and discrimination cases, the Board shall grant a hearing and the Board's decision shall be final and binding. If an employee has complied with the above steps and requested Personnel Board review in a disciplinary appeal or discrimination allegation, the Board shall hold a hearing within thirty (30) days of the request and take such action as it deems appropriate. It is agreed that neither party shall attempt to influence the Personnel Board prior to the hearing Upon conclusion of any investigation or hearing, the Personnel Board shall, within ten (10) working days, notify Personnel in writing of its findings and recommenda- tions. A copy of such findings shall be transmitted to the affected employee. All costs of representation resulting from this process shall be borne by the party incurring them. A grievance or other appeal which is not brought or brought forward within the time limit provided within each of the sections -of this article shall be deemed to have been waived and settled, unless such time limit is expressly extended by mutual agreement. Time limits as set forth above may be extended by a mutual agreement between the parties, but neither party shall be required to do so. ARTICLE XXX RETIREMENT Safety personnel are eligible for normal service retirement at age 50. Com- pulsory retirement age is 60 Formula for safety service retirement is 2% at age 50 Retirement compensation shall be computed on the employee's one (1) year highest earnings. Effective with the first full pay period in November 1982 the City agrees to pay the employee's portion of 9% to Public Employees' Retirement System (PERS). ARTICLE XXXI WORKMEN'S COMPENSATION Under the provisions of the Workmen'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. ARTICLE XXXII FULL FAITH AND CREDIT CLAUSE For purposes of administering the terms and provisions of the various ordi- nances, resolutions, rules and regulations which may be adopted by the City pursuant to this Memorandum of Understanding, all matters resolved in Memo- randums of Understanding for prior years, all resolutions of the City Council, and all existing matters resolved regarding wages, hours, fringe benefits and conditions of employment prior to Myers - Milias -Brown Act of 1968, will remain unchanged and unaltered except where expressly changed or altered in this Memo- randum of Understanding. ARTICLE KKXIII SAVINGS CLAUSE Any resolution of the City incorporating any provisions of this memorandum shall provide that if any provision of this memorandum or 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 not be affected thereby and shall remain' in full force and effect ARTICLE XXXIV DURATION This agreement is to cover said employees for two (2) years from July 1, 1982 to June 30; 1984. t ARTICLE XXXV GENDER REFERENCES As used in this Agreement, all references to gender, such as references to "he ", "him ", and "his" and references to "they ", "them" and "theirs ", shall apply equally to both sexes In witness whereof, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding on August 12, 1982. Employee Relations Officer of the City of Lynwood /A Municipal Corporation Dated this 13th day of August, 1982. Lynwood Firefighter's Association ME Dated this 12th day of August, 1982. EXHISIT C Cit Qj ZN700D 11330 9ULL!S ROAD LYN:. CALii=ORNIA 50262 12131603 -0220 COMPREHENSIVE MEMORANDUM OF UNDERST VDING FOR SUBMISSION TO THE LYNWOOD CITY COUNCILT REGARDING THE LYNWOOD EMPLOYEE MANAGEMENT GROUP TABLE OF.CONTENTS ARTICLE I IMPLEMENTATION ARTICLE II EMPLOYEE RECOGNITION ARTICLE III CITY RIGHTS ARTICLE IV STEP INCREASES ARTICLE V SALARIES /WAGES ARTICLE VI SALARY SURVEY ARTICLE VII EXECUTIVE LEAVE ARTICLE VIII TOOL ALLOWANCE ARTICLE IX UNIFORM AND CLOTHING ALLOWANCE ARTICLE X MILEAGE REIMBURSEMENT ARTICLE XI EDUCATION INCENTIVE PAY ARTICLE XII LONGEVITY PROGRAM ARTICLE XIII EMPLOYEE'S INSURANGE COVERAGE ARTICLE XIV SICK LEAVE POLICY ARTICLE XV HOLIDAYS ARTICLE XVI ACTING SUPERVISORY-COMPENSATION ARTICLE XVII RETIREMENT POLICY ARTICLE XVIII ARTICLE XIX DISCRIMINATION ARTICLE XX ANNUAL VACATION LEAVE ARTICLE XXI MILITARY LEAVE ARTICLE XXII LEAVE OF ABSENCE ARTICLE XXIII HOURS OF WORK ARTICLE XXIV ATTENDANCE ARTICLE XXV GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE ARTICLE XXVI BEREAVEMENT LEAVE r ARTICLE XXXII EMERGENCY LEAVE ARTICLE XXVIII JURY DUTY ARTICLE XXIX SERVICE DISABILITY ARTICLE XXX NO STRIKE ARTICLE XXXI FULL FAITH AND CREDIT CLAUSE ARTICLE XXXII SAVINGS CLAUSE ARTICLE XXVIII DURATION ARTICLE XXXIV GENDER REFERENCES ARTICLE XXXV' ELIMINATION OF EXEMPT STATUS r ARTICLt I IMPLEMENTATION The wages, hours and conditions of employment that are set forth in this memo- randum have been discussed and jointly proposed by and between the Municipal Employee Relations Officer of the City of Lynwood (hereinafter called "City ") and representatives of the Lynwood Employee 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 discuseed in good faith bet- ween City and Group; and the Municipal Employee Relations Officer agrees to recommend to the Lynwood City Council that all of the items and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council or where appropriate, in a policy statement Upon the adop- tion 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. ARTICLE II EMPLOYEE RECOGNITION City hereby recognizes the Lynwood Employee Management Group as the recognized representative for all management positions to the fullest extent allowable under California law applying to public employees and as further defined in Resolution No. 82 -53, adopted by the Lynwood City Council on April 6, 1982. The Group is therefore the recognized bargaining agent. t 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 kinds and levels of ser- vices to be provided, and the methods and means of providing them, esta- blish its policies, goals and objectives, determine staffing patterns, determine the number and kinds of personnel required, maintain the effi- ciency of City operations; build, move, modify or close facilities, esta- blish 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, classify, assign, evaluate, transfer, promote, terminate and discipline employees. B In cases of emergency, the City retains its right to amend, modify or res- cind provisions of this memorandum. Such amendment, modification or res- cission all remain in force only for the period of the emergency. The deter- mination of whether or not an emergency exists is solely within the discre- tion of the City Council. <LPTICTE IV ST LNmEASES Employees are eligible for a step increase upon successful completion of probation and thereafter will be considered on the basis of merit after intervals of one (1) year. Section 1 . Any employee hired or promoted to Step A of a different range of pay, shall receive the Step B salary at the successful com- pletion of the probaticnary,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 following time intervals: Step C - One (1) year after the Step B increase Step D - One (1) year after the Step C increase Step E - 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 increases within the range shall be followed in the method described in Section 1. Section 3 . New employees shall be appointed at the first step of the salary range to which their class is assigned, except that when the edu- cation and previous training or experience or a proposed employee are substantially superior to those required of the class and jus- tify a beginning salary in excess of such minimum compensation. Upon recommendation of the department head, the City Manager may authorize an appointment to this position at any higher step. The department head shall submit his recommendation to the City Manager in such form, together with such information as the City Manager may require. The provisions of this article do not apply to those hired or employed on an hourly basis. ARTICLE V SALARIES /WAGES Beginning with the first full pay pay period in November, 1983 the City will increase the salary ranges for all classifications covered by this agreement by 10 %. ARTICLE VI SALARY SURVEY The City agrees to form a Committee for the purpose of evaluating the salary schedules for the following classifications: Street Supervisor Water Supervisor Recreation Superintendent Such Committee shall include the Personnel Manager and two members of the Manage- ment Group's Negotiation Committee. The Committee shall ascertain the specific duties and responsibilities of the above classifications and compare that to com- parable positions in cities of similar size in the southeast area of Los Angeles County, to the extent possible. If this study shows that the salary ranges are not substantially competitive the employees in these positions shall receive a range adjustment retroactive to the first (lst) full payroll period beginning July 1982. This Committee shall make its final recommendation to the City Manager no later than October 31, 1982. The City further agrees to do a comprehensive salary survey of all classifications covered in this agreement. This survey shall be completed by April 1, 1983. ARTICLE VII = CUTIVE LEAVE It is agreed that management employees receive .5 days per month executive leave. In addition those management employees who are regularly assigned to attend City Council meetings shall be granted an additional two (2) days executive leave annually on the following basis: the first day shall be granted on January 1 of every year to those in employment on that date, beginning January 1, 1983, the second day shall be granted on July 1 to those in employment on that date, beginning on July 1, 1982 Accrued executive leave may be taken at anytime with the approval of the City Manager. Executive leave may not be accrued beyond the present calen- dar year. Unused executive leave at the end of a calendar year (December 31) will be lost. ARTICLE VIII TOOL ALLOWANCE The Garage Superintendent shall receive a tool allowance in the following manner: Effective with the first full pay period in July, 1982 $15.00 per month Effective with the first full pay period in July, 1983 $20.00 per month. ARTTMR. TX UNIFORM AND CLOTHING ALLOWANCE The Fire Chief /Director of Public Safety shall receive annually a uniform allo- wance of $100 and the Assistant Fire Chief shall receive $200, of which $50 shall be provided in cash for purposes of maintenance of uniform., The City will furnish Public Works and Park Department management employees, whose duties require wearing uniforms, three (3) uniform changes per week plus one (1) additional laundered shirt per week. ARTICLE X MILEAGE REIMBURSEMENT With the approval of the Department Head and the City Manager, the City will reimbursement management employees required to use their personal vehicles for the purpose of conducting City business at the rate of $ 21 per mile. The employee must document the date, destination and beginning and ending odo- meter reading from his vehicle in supporting the request. Said information must be logged on Expense Reimbursement form when requesting payment. ARTICLE XI EDUCATION INCENTIVE 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 education pay, over and above established pay schedules, is hereby established. Education pay is allowable for completed courses of approved subjects at accre- dited schools, 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 quar- ter unit is the equivalent of two - thirds of a semester unit and is compensated at $.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 Bead and the City Manager-in order to receive education credit. Accredited schools are herein defined as colleges, junior colleges, universities or other schools providing college credits 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. Education pay shall commence the first full pay period after the first of the month following the submission of written certification_ The City will contribute 50% of -the cost of such courses, excluding the first $10 and anv non - instructional fees, up to maximum of $30 per semester course or $20 per quarter 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. ARTICLE XII LONGEVITY PROGRAM A longevity program is hereby established for full -time management employees 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) years of service, and an additional $300 annually paid on a bi- weekly payroll basis after completion of twenty -five (25) years of service. ARTICLE %III E%- MLOYx'E'S T- NSURANCE COVERAGE Effective August 1, 1982 the City shall contribute up to $100 Der month per full -time employee toward Health Insurance premiums. This contribution will be applied to the premium for the employee. If the employee elects to have dependent coverage under the existing health plans, the City will apply the difference between the premium for the employee and $100 toward dependent coverage. The employee must pay the remaining premium. Such payment will be made by payroll deduction. If the premium for employee coverage exceeds $100 the City will continue to pay the entire premium for employee coverage only. Effective with the 1st full pay period beginning in January, 1983 the City will increase its contribution toward Health Insurance premiums up to $125 per employee per month. All of the conditions stated in paragraph #2 of this section will apply to the $125 contribution. Effective with the first full pay period beginning in July, 1983 the City will increase its contribution toward Health Insurance up to $175 per emplo- yee per month. All of the conditions stated in paragraph -01 shall apply to the $175 per employee per month contribution for the remainder of this agree- ment June 30, 1984. Effective August 1, 1982 the deductible for those employees covered by the Aetna Health Plan shall be increased to $150 per employee per year and $300 per family per year. As soon as possible the City will put into effect the Health Net Group Prac- tice Dental Plan as agreed. The City will pay the full cost of premiums for employees and their eligible dependents for the duration of this agreement June 30, 1984. The City shall provide life insurance in the amount of $15,000 for Department Heads and $10,000 for all other full -time management employees. ARTICLE XIV SICK LEAVE POLICY Sick leave with pay shall be granted by the City Manager 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. In order to receive compensation while absent on sick leave, the employee shall notify his immediate supervisor (or the department in the case of Department Heads) prior to, or within two (2) hours of, the time set for beginning duty, unless notification is physically impractical. The City may require a physi- cian's certificate and release to return to work whenever there is reasonable cause to believe that there has been an abuse of sick leave or when there is reasonable doubt as to the employee's ability to perform his duties satisfac- torily and safely. The City maintains the right to discipline any employee for excessive absenteeism. At the time of resignation or termination (except for cause) after ten years employ- ment with the City, the management employees will be compensated for one - quarter of their unused sick leave which has been accrued to the effective date of resig- nation 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 termination. 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 retirement, 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. 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. Hourly employees are excluded from the provisions of this article. ARTICLE XV HOLIDAYS Section 1 . The City and Group agrees 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) 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 fac- tors and must be approved by the employee's supervisor. b) Subject to (c) below, no floating holidays will be available until the successful completion of the original probationary period. At that time such employees will be credited with a pro rata portion 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 (5) floating holidays on January 1 of each year (in the case of permanent employees) and of a pro rata portion thereof upon successful completion of the probationary period (in the case of new employees) is based upon the assumption that the employee will successfully complete employment with the City for the calendar year in question. If an employee fails to successfully complete employment for the said calen- dar year, the number of floating holidays available to the employee shall be prorated on the basis of the portion of the calendar year for which the employee was employed by the City. If, under such circumstances, the emplo- yee 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. e) Employees hired as "exempt" prior to July 1, 1982 shall continue to earn and use floating holidays during their probationary period. 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 in this regulation falls on Saturday, it shall be observed on the prece- ding Friday Section 3 . Hourly employees are excluded from the provisions of this article 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 period exceeding thirty (30) days, then the employee replacing said supervisor shall receive compensation at a rate equal to the "A" step of the rate of the supervisory position or 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. ARTICLE XVII RETIREMENT POLICY Effective August 1, 1982 the City agrees to pay the employee's contribution for all employees who are required to be members of the Public Employees' Retirement System (PERS) Retirement compensation shall be computed on the employee's one (1) year's highest earnings. ARTICLE XIX DISCRIMINATION 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 acti- vity. It is further agreed that neither the City nor Group shall discriminate against any employee because of religion, marital status, political affiliation or a qualified physical or mental handicap. ARTICLE = A:N'NUAL VACATION LEAVE 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: (1) 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. (2) Employees who work on an intermittent or seasonal basis and all hourly employees. All eligible employees in the first through seventh year of continuous ser- vice shall earn vacation credit at the rate of 14 calendar days (10 work days) per year. Beginning with the eighth year and through the fourteenth year of continuous service employees shall earn vacation credit at the rate of 21 calendar days (15 work days) per year. Beginning with the fifteenth year of continuous service and thereafter employees shall earn vacation credit at the rate of 28 calendar days (20 work days) per year. - Each eligible employee shall be required to have -served the equivalent of one year of continuous service in the-City in order to be eligible for his full annual vacation leave; provided, however, that after six months of con- tinuous service, he may be permitted to take vacation leave not 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 wishes of the employees and particular regard for the needs of the service. Subject to the provisions of the next 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, for per- mission 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 Department Head and the City Manager, acting jointly, or in his absence, or in case of their inability to act, for any reason, 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 fol- lowing the calendar year the employee's request was filed, in addition to any vacation 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 (25) calendar days (20 working days) of vacation Leave in one calendar year. Employees eligible for vacation leave must take a minimum 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. Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave prior to the effective date of termination. Those employees hired as "exempt" prior to July 1, 1982 shall be allowed to continue to utilize earned vacation during the initial probationary period. ARTICLE XXI 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. ARTICLE XXII LEAVE OF ABSENCE A full -time employee with at least one (1) year of continuous service may be granted an unpaid leave of absence of up to thirty (30) days due to injury or illness, other than job - related, upon presentation of a certificate by the employee's physician stating the necessity for such leave. Such leave may be extended for successive periods of up to thirty (30) days each upon pre- sentation of a certificate by the employee's physician stating the necessity for such extensions. Such unpaid medical leave shall not exceed one hundred eighty consecutive days. An employee returning from such medical leave shall present a certificate by the employee's physician stating that the employee is able to return to work. The City may, whenever it appears justified, inde- pendently verify the physician's statements provided for in this section. During the term of such medical leave, the City shall continue to pay the health insurance premiums for the employee only. A full -time employee with at least one (1) year of continuous service may be granted an unpaid leave of absence for other legitimate purposes. In any event all requests for leaves of absence must specify a date of return. Such leave may be extended where extenuating circumstances are shown. Employees who have been granted an unpaid leave of absence for any purpose shall not accrue benefits during the term of such leave. All requests for unpaid medical or military" leave must be in writing to the Department Head and approved by the City Manager. All other requests for leaves must be approved by the City Council. Upon expiration of regularly approved leave, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at the'expiration of such leave shall be considered a voluntary resig- nation unless acceptable reason is given. It is the responsibility of the employee to notify and obtain approval from the City Manager if they are unable to return on the specified date. ARTICLE XXIII HOURS OF WORK All classified City employees shall work five (5) eight (8) hours shifts per week, Monday through Friday, except as designated by other Resolutions and Ordinances enacted by the City Council and by directives of the City Manager acting within the framework of said Resolutions and Ordinances. Resolution 76 -86 provides that no hourly person, temporary help or seasonal worker shall work more than 35 hours in any week. ARTICLE XXIV ATTENDANCE Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. If an employee is unable to report to work, he must notify his supervisor in accordance with departmental policy. Failure to do so may result in disciplinary action. Any employee who is unable to report to work for a period in excess of ten (10) working days must be on paid leave status (vacation, holiday or sick leave) or must apply to the Department Head for an unpaid leave of absence. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be deemed a resignation unless an acceptable reason is given. Such notice to return shall be sent by registered mail to the addres- see only, return receipt requested. It is the responsibility of the employee to notify the supervisor and the Personnel Department of any change of address or telephone number. ARTICLE XXV GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE A "Grievance" shall be defined as a controversy between the City and the Group or an employee or employees covered by this Agreement. Such controversy must_ pertain to any of the following: (1) Any matter relating to working conditions, (2) Any matter involving the interpretation or application of any provision of this Agreement, or (3) Any matter involving the violation of any provisions or intent of this Agreement except any articles and provisions which state that they are not subject to this Article. An appeal of a disciplinary action, in- cluding suspension, discharge for cause, demotion or disciplinary reduction in pay, shall initially be.submitted at Step 3, and contain a succinct written statement of the basis of appeal, within five (5) working days of the imposition of discipline. All written responses to a disciplinary appeal will specify rea- sons for the decision and inform the employee of the appeal procedure and appli- cability of Section 1094.6 of the Code of Civil Procedure limiting the time within which legal actions must be commenced. There shall be an earnest effort on the part of both parties to settle grie- vances promptly through the steps listed below. The employee may request the assistance of a representative of his own choosing in preparing and presenting a grievance. Either party to the grievance may invite persons with relevant information to be present. For purposes of this procedure "working days" refers to Monday through Friday, 8'00 AM to 5.00 PM, and excludes weekends and holidays. A grievance by a Department Head shall be submitted in accordance with Step 4. Step 1 ' An employee's grievance must be orally discussed with the first line supervisor immediately in charge of the aggrieved employee within five (5) working days after the event giving rise to the grievance, or five (5) working days after the date that he should have been reasonably expected to have had knowledge of the grievance. The supervisor will give his answer to the employee by the end of the second (2nd) working day following the presentation of the grievance and the giving of such answer will terminate Step 1. Step 2 : If the grievance is not settled in Step 1 and the employee wishes to pursue it further, the grievance will be reduced to writing by the employee, fully stating the facts surrounding the grievance and /or detailing the specific provisions of this Agreement alleged to have been violated, signed and dated by the emplovee and presented to the Department Head or, in his absence, his designee within five (5) working days after termination of Step 1. Written discrimination allegations must contain a description of the purported discriminatory action and the specific basis which is defined by Federal or State law as discri- minatory. A meeting with the employee , designated repsentative (if any) and Department Head or, in his absence, his designee may be arranged at a mutually agreeable location and time to review and dis- cuss the grievance. If scheduled, such meeting will take place within five (5) working days from the date the grievance is received by the Department Head or, in his absence, his designee. The Department Head or, in his absence, his designee will give a written reply by the end of the third (3rd) work day following the date of the meeting, and the giving of such reply will terminate Step 2. Step 3 : If the grievance is not settled in Step 2, the employee may present the written grievance to the Personnel Director or, in his absence, his designee within five (5) wor: {_ng days after termination of Step 2. k meeting with the employee, designated representative (if any), and Personnel Director or, in his absence, his designeee will be arranged at a mutually agreeable location and time to review and dis- cuss the grievance. Such meeting will take place within five (5) working days from the date the grievance is received by the Personnel director or his designee. The Personnel Director or, in his absence, his designee may invite other persons with relevant information to be present at such meeting. The Personnel Director or, in his absence, his designee will give written reply by the end of the fifth (5th) work day following the date of the meeting, and the giving of such reply will terminate Step 3. St ep s . If the grievance is not settled at Step 3, the employee may move the grievance to Step 4 by serving written notice upon. the City Manager within five (5) working days after receipt of the reply in Step 3, or within five (5) working days after the reply was due, requesting a meeting. Said meeting shall be scheduled within. ten (10) working days after receipt of such request. The City Manager or, in his absence, his designee shall provide the employee with a written dis- position of the grievance within five (5) working days after the meeting. The City Manager's decision shall be final and binding, except in disciplinary and discrimination cases as specified below. Ste The employee may seek review by the Personnel Board of the City Mana- ger's decision in grievance matters by submitting a written request to the Personnel Department within five (5) working days from the date of the answer in Step 4. The Personnel may grant an informal hearing and the Board's role in such matters is advisory only, except that in disciplinary and discrimination cases, the Board shall grant a hearing and the Board's decision shall be final and binding. If an employee has complied with the above steps and requested Personnel Board review in a disciplinary appeal or discrimination allegation, the Board shall hold a hearing within thirty (30) days of the request and take such action as it deems appropriate. It is agreed that neither party shall attempt to influence the Personnel Board prior to the hearing. Upon conclusion of any investigation or hearing, the Personnel Board shall, with-- in ten (10) working days, notify Personnel in writing of its findings and recom- mendations. A copy of such findings shall be transmitted to the affected employee. All costs of representation resulting from this process shall be borne by the party incurring them. A grievance or other appeal which is not brought or brought forward within the time limit provided within each of the sections of this article shall be deemed to have been waived and settled, unless such time limit is expressly extended by mutual agreement. Time limits as set forth above may be extended by a mutual agreement between the parties, but neither party shall be required to do so. In accordance with the Code of the City of Lynwood, Chapter 24, and Personnel Rules and Regulations, the Personnel Board does not have jurisdiction over hourly employees and, therefore, Step 5 above does not apply to hourly employees. ARTICLE McVI BEREAVEMENT L AVE In the'event of a death in the employee's immediate family, the City uanager may grant a three day bereavement leave with pay. "Immediate family" is defined as mother or father or grandparents of employee or mate; mate, brother, sister, children or grandchildren of employees. Hourly employees are excluded from the provisions of this article. ARTICLE =II 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 not covered by bereavement leave, 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 review the request. The City Manager's decision shall be final. ARTICLE XXVIII 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 amount paid by the courts. ARTICLE XXIX 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 on- 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. Temporary and hourly employees are excluded from the provisions of this article relating to 90 day salary continuance. ARTICLE NO STRI_1Z A. Prohibited Conduct Section 1 . The association, its officers, agents, representative and /or members agree that during the term of this agreement they will not cause or condone any strike, walkout, slowdown, sick -out, or any other job action by withholding or refusing to perform services. Section. 2 . any employee who participates in any conduct prohibited in Sec- tion 1 above, shall be subject to termination by the City. Section 3 . In addition to any other lawful remedies or disciolinary actions available to the City if the association fails, in good faith, to perform all responsibilities listed below in B, Section 1, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Reso- lution in this Agreement including, but not limited to, right of access, check -off, the use of the City bulletin boards and facilities. B. Association Responsibility Section 1 . In the event that the association, its officers, agents, repre- sentatives, or members engage in any of the conduct prohibited in A, Section 1, above, the Association shall immediately in- struct any persons engaging in such conduct that their conduct_ is in violation of this agreement and unlawful and they must imm ediately cease engaging in conduct prohibited in A , and return to work. Section 2 . If the association performs all of the responsibilities set forth in Section 1 above, its officers, agents, representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of Section 1 above. ARTICLE XXXI 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 Myers - Milias -Brown Act of 1968, will remain unchanged and unaltered except where expressly changed or altered in this Memorandum of Understanding It is agreed that Management employees retain all benefits previously accrued as mis- cellaneous employees. ARTICLE )=II 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 not be affected thereby and shall remain in full force and effect. ARTICLE =III DU RAT ION This agreement is to cover said employees until June 30, 1984. ARTICLE =7 EIMER REFERENCES as used in this agreement, all references to gender, such as references to "he ", "him ", and "his" and references to "they ", "them" and "theirs" shall apply equally to both sexes. ARTICLE =XV ELIi1INATION OF EXEM2T STATUS Effective July 1, 1982 all full -time employees who are in classifications covered by this agreement shall no longer be considered 'Txemot: ". All such employees shall be subject to all provisions of this agreement ex- _ cept that any employee who was hired as an "Exempt" employee prior to July 1, 1982 and has not completed the probationary period shall be en- titled to accrue and use holidays and vacation during such probation. Employees currently designated "Exempt" shall have the option of receiving compensation for 50% of the sick leave accumulated while on exempt status or retaining the time for sick leave purposes. Employees who elect compen- sation for such sick time shall forfeit the remaining 50% of leave time. In witness whereof, the parties hereto have cause their duly authorized repre- sentatives to execute this Memorandum of Understanding on August 17, 1982. Employee Relations Officer of the City of Lynwood /A Municipal Corporation B ff y Lynwood Employees Management Group By Dated this 17 day of August, 1982 Dated this 17 day of August, 1982