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