HomeMy Public PortalAbout77-133RESOLUTION NO. 77-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON APPROVING THE WAGES, HOURS, AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT FOR MUNICIPAL
EMPLOYEES' UNION, LOCAL 809, COUNCIL 36, AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES.
WHEREAS, the representatives of the City of Carson have
met and conferred in good faith with the Municipal Employees'
Union, Local 809, Council 36, American Federation of State,
County and Municipal Employees; and
WHEREAS, after meeting and conferring for a reasonable
period of time, City representatives and Municipal Employees'
Union, Local 809- Council 36, American Federation of State,
County and Municipal Employees have failed to reach agree-
ment; and
WHEREAS, local regulations provide procedures for the
City Council of Carson to resolve an impasse prior to adop-
tion of the final City budget for the 1977-78 Fiscal Year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carson after fully considering the presentations
made by Municipal Employees'Union, Local 809, Council 36,
American Federation of State, County and Municipal Employees
on behalf of its members that the Council hereby approves
this Determination concerning wages, hours, and other terms
and conditions of employment concerning the employees rep-
resented for the 1977-78 Fiscal Year. A copy of said Deter-
mination is attached hereto, marked Exhibit "A", and made
a part hereof.
PASSED, APPROVED and ADOPTED
1977.
ATTEST:
"City Cle
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON
11th day of July,
I, Helen S. Kawagoe, City Clerk of the City of Carson,
California, do hereby certify that the whole number of members
of the City Council of said City is five; that the foregoing
resolution, being Resolution No.77-133, was duly and regularly
adopted by the City Council of said City at a regular meeting
of said Council, duly and regularly held on the 11th day of
July, 1977, and that the same was so passed and adopted by
the following roll call vote:
AYES: COUNCIL MEMBERS: Bridgers, Marbut, Smith, Colas & Yamamoto
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk, City bf Cars n, California
Res. No. 77-133/1 of 23
DETERMINAT1014 OF WAGES, HOURS, AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT
FOR 1977-78 FISCAL, YEAR
BETWEEN THE CITY OF CARSON
AND
MUNICIPAL EMPLOYEES UNION, LOCAL 809, COUNCIL 36, AIERICAN'
FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES.
ARTICLE I
COMPENSATION PROVISIONS
. A. SALARY ADJUSTMENTS
The City agrees to amend the Compensation Plan. The Compen-
sation Plan for the classifications listed on -page 4 = _
shall be increased by seven and eighty hundredths percent
(7.800) over the 1976-77 Fiscal Year Compensation Plan.
ARTICLE II
FRINGE BENEFITS
A. HOLIDAYS
1. The City agrees to substitute the Friday fdl.lowing
Thanksgiving as an annual holiday for all floating
holidays in lieu of time off for every day on which
an election is held.
2. The City agrees to eliminate split holidays. When any
day recognized as a holiday falls on a Sunday, the follow-
ing Monday shall be -considered the holiday. When any
day recognized as a holiday falls on a Saturday, the pre-
ceding Friday shall be considered the -holiday. -In -order
for an employee to be eligible for holiday pay, the em-
ployee must work the full scheduled work day immediately
before and after the holiday; provided, however, that if
the employee's absence on either of such days is due to
emergency leave, sick leave, or other leave for which
proper written.permission is granted, the employee shall
receive holiday pay:
B. PERSONAL LEAVE
1. The City agrees to provide full-time employees the option
of utilizing two days of the five days authorized for
emergency leave for personal business. Personal business
shall be defined by the employee.
2. Personal leave shall not be taken in conjunction with any
other leave taken by the employee and shall be limited to
-no more than four (4) hours for any one period.
II:XY.IBIT `A'
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Res. No. 77-133/ 2 of 23
C. DISABILITY COMPENSATION LEAVE
Any City employee full-time or.permanent part-time, who be
reason of bodily injury or sickness occuring in the cause
and scope of his/her employment is disabled from performing
the duties of his/her position to a substantial degree, is
paid his/her full salary up to a maximum of 26 weeks or until
returning to duty or until the City's compensation carrier
terminates temporary disability by either means of lump sum
settlement or annuity based on permanent disability rating
or a compromise settlement or until retired with pension,
whichever occurs first, subject to the following conditions:
1. Initially, during the time the State Law does not
require compensation payments, the City pays the
regular salary or wages.
2. Thereafter, the City pays only the difference be-
tween the compensation benefits and the employee's
regular salary or wages.
3. During the time the employee is disabled by reasons
of bodily injury or sickness resulting from the cause
and scope of his/her employment, vacation, sick
leave, and tenure in range and step accrue at the
same prevailing rate that would be accredited to
the employee if he/she were not disabled.
4. The City shall have the sole right to determine an
employee's eligibility for any disability pay here-
in provided for an industrial injury where said pay-
ment is in addition to the disability payment pro-
vided by State•La-w. _.The final determination as to
whether the City shall pay the aforementioned bene-
fit shall be made by the Personnel Officer or the
designated representative of the Personnel Officer
based on the recommendation of the City physician.
S. ;clothing in this section shall constitute a waiver of
the employee's right to any other disability payments
guaranteed under law or existing ordinances, resolu-
tions, or rules•of the City of Carson.
If an employee is unable to return :to work after twenty-six
(26) weeks, the employee may be eligible for long term disa-
bility insurance benefits provided under the City's contract
insurance program. Current contract disability insurance
benefits provide 66.670 of the first $2,250 of the employee's
basic monthly earnings subject to the provisions contained
in the policy.
Res. No. 77-133/3 of 23
ARTICLE 'III
GENERAL PROVISIONS
A. The City agrees to establish procedures to provide "Senior"
classes with the opportunity to discuss the performance of
their subordinates with supervisory personnel prior to the
completion of performance evaluations.
' ARTICLE IV
MEET AND CONSULT MATTERS
A. Except in cases of emergency, the City agrees to consult
with Employee Organization representatives regarding pro-
posed job specifications and proposed reclassifications
affecting positions in the appropriate unit represented b1>
the Organization at least ten (10) days prior to City
.Council action. The City agrees to meet with Employee
Organization representatives on proposed job specifications
and proposed reclassifications which the Organization
desires to discuss.
ARTICLE V
MAINTENANCE OF BENEFITS
A. The City agrees that the provisions of previous Memorandum
of understanding and Amendments in:effect since `l July 1975
that are not changed, amended, added to or deleted by the
provisions contained herein remain in full force and effect
until 30 June 1978.
ARTICLE VI
DURATION
' A. The terms and conditions set forth herein shall be in full
force and effect as of 11, July 1971 and shall remain in full
force and effect through 30 June 1978.
Res. No. 77-133/4 ik 23
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MUNICIPAL EMPLOYEES UNION, LOCAL 809, COUNCIL 36,
AMERICAN FEDERATION OF -STATE, COUNTY, AND MUNICIPAL
EMPLOYEES CLASSES COVERED BY THE PROVISIONS OF THIS
COUNCIL DETERMINATION.
�- Chipper Operator—
peratorCraftsworker
CraftsworkerI
Craftsworker II
Custodian I
Groundsworker I
_ = Groundsworker II
Maintenance Worker
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Maintenance Worker IV
Mechanic
Mechanic Apprentice
'
Parts Clerk Trainee
' rest Control Operator
Senior Craftsworker
Senior Custodian
Senior Groundsworker
Senior Maintenance Worker
Senior Mechanic
Tree Trimmer
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Res No. 75-105/ExhibitUB"
Res. No. 77-133/ 5 of 23
Thi;; Mcmorano wil of Understanding ma dL'
' and c nrcr 'into this 30th day of
une 1975.
By ,!nd Between
TI IE CI rY OF CARSON
a MUnicill:tl (City) Corporation
within
Los Angcics County. Statc of California
(hereinafter r0cured to as "1411C City")
and thc,
AMERICAN 1 EDERA'l ION O STA L', COO N11' AM)�1l I�IC:IIAL EMPLOYEES
California Dist r' •t C.OlnCil 30, LOC,tl M)cJ
Crafts vied •l racics Unit
A. F. S. C. M. L.
(hereinafter rci.,urcd to as "The [:Inion")
:Res. No. 77-133/ 6 A 23,
,ARTICLE I RECOGNITION
A. Pursuant to the provisions of the Employer -Employee Relations
Resolution of the City of Carson and applicable State law, the
City of Carson recognizes Local 809, Council 36 of the American
Federation of State, County and Municipal Employees (AFSCME)
as the exclusive representative for all classifications so listed
in Exhibit A of this memorandum of understanding. The exclusive
recognition rights of this majority representative designated
herein shall not be subject to -challenge until during a 30 -day
period running between 120 and 90 days before the expiration of
this memorandum of understanding.
B. The Union recognizes the City Administrator or his designated
representative as the sole representative of the City of Carson
for the purpose of entering into a memorandum= of understanding.
The Union further agrees to bargain in good- faith with the City
Administrator or his designated representative on .all matters
_relating to wages, hours and other to,rms and conditions of
employment.
ARTICLE II - SCOPE AND IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING
This memorandum of understanding constitutes a joint recommendation
of "The City" and "The Union." It shall not be binding in whole or
in part on the parties listed below unless and until:
A. The Union has notified the Employee Relations Officer in writing
that it has approved this memorandum of understanding in its
entirety; and
' B. The City Council has approved said memorandum of understanding
in its entirety, and nos enacted necessary amendments to the City
Code and any other applicable ordinances, and has appropriated
the funds required to ii:iplement those provisions which require
funding. Where resolutions, ordinances or amendments to appli
cable Codes are required, this memorandum of understanding shall
not be binding in whole or in part until all such resolutions,
ordinances or amendments -become effective.
ARTICLE III - CITY RIGHTS AND RESPONSIBILITIES`
r
In order to insure that the City is able to carry out its functions
and responsibilities imposed by law, the City. has and will retain
the exclusive right to manage and direct the performance of City
services and the work force performing such services, and therefore
the following matters will not be subject to the meet .and confer
process but shall be within the exclusive discretion of the City.
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Res.. No. 77-133/ 7 of 'ir3
A. Consideration of the merits, necessity, or organization of any
service or activity conducted by the City. :This shall include
the City's right to:
1. Determine issues of public policy.
2. Determine and change the facilities, methods_; means and
personnel by which City operations are to be conducted.
3. Expand or diminish services.
4. Determine and change the number of locations, relocations,
and types of operations and the processes and materials to
be employed in carrying out all City functions, -including
but not limited to the right to subcontract any work or
operation.
5. Determine the size and composition of the work force, to
assign work to employees in accordance zwith requirements
as determined by the City and to establish and change work
schedules and assignments.
6.. Determine job classifications.
7. Hire, fire, transfer, promote, and demote employees for lack
of work or other legitimate reasons.
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8. Take disciplinary action.
9. Determine policies, -procedures and standards for selection,
training and promotion of employees.
10. Establish employee performance standards, including but not
limited to quality and quantity standards.
11. Maintain the efficiency of governmental operations.
12. Exercise complete control and discretion over its organization,
and.the technology of performing its work and services.
13. Establish reasonable work and safety rules and regulations
in.order to maintain the efficiency and economy desirable in
the performance of City=services.
14. Determinations of any and all necessary actions to.carry out
its missions in emergencies.
ARTICLE IV - STRIKES AND WORK STOPPAGES
A. Any employee who participates in any manner in any strike, work
stoppage, slowdown, sick -in or other concerted refusal to work by
employees of the City or who participates in any -manner in any
picketing in support of any such strike, work stoppage, slowdown,
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Res�$No. 77-133/ 8 of 23
sick -in or other concerted refusal to work or impediment to work
by employees of the City or who.induces other employees of the
City to engage in such .nctivities shall be subject to termination
by the City.
B. In the event any employee organization calls, engages in, en-
courages, assists, or condones. in any manner, any •strike, work
stoppage, slowdown, sick: -in or other concerted refusal to work
by employees of the Citi, or any picketing in support thereof,
or any other form of interference with or limitation of the
' peaceful performance of City services, the City, in addition
to any other lawful remedies or disciplinary, actions available
to it, may by action of the Employee Relations Representative
suspend any and all of the rights and privileges accorded such
employee organization, un der any ordinance, resolution or rules
and regulations of the City or any memorandum of understanding
with the City, includinm,. but not limited to the suspension of
recognition of such employee organization, and the use of the
City's bulletin boards and facilities.
C. The City agrees that there shall be no lock -out of bargaining
unit employees.
ARTICLE V - COMPENSATION PROVISIONS
A. Salary adjustments
1. Salary adjustments for fiscal yetrs 1975-76 and:1976-77 are
found in Exhibits.A and B.
2. Criteria used in salary adjustments by the City include:
a. Total compensation analysis (direct monetary cost).
b. Labor Market conditions.
C. Cost of living analysis.
d. Financial condition of the City.
3. Should the BLS Consumer Price Index for the Los Angeles -
Long Beach area (1967 base) for March 1975 through March
1976 exceed 6% based on the percent change in the cost of
living index, both parties shall enter into the meet and
confer process on salaries and other items mutually agreed
to by both parties.
B. Method of Compensation
The salaries and wages of employees shall be paid on a bi -
weekly basis on alternate Fridays. In the event that payday
falls on a holiday, the pay checks shall be made available on
the preceding day.
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Re's. No. 77-133/ 9 (4 23
C. Overtime Payments
7 Perrnanerit employees shall be compensated at time and one-
half (1-1/7) the employee's regular hourly rate of pay for
work under any of the following conditions:.
a. All work performed in excess of eight -(8)' hours in
any work day.
b. All work performed in excess of forty (40) hours in
' any work week.
c. All work performed on first and second regular days
of rest.
d. Early Reporting Time. Any employee called to work
beforethe start of his regular shift (and for that
-period of time only)..
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e. Call-in Time. Any employee called in to work other
than during the scheduled work shift.
2. Nothing herein shall be construed as guaranteeing employees
forty (40) hours of work per week or eight (8) hours of
work per day.
3. Overtime pay shall not be pyramided,_ compounded, or;paid
twice for the same time worked.
4. Those employees called in after 12:00 midnight and before
8:00 A.M. for an emergency work shift shall be compensated
by pay at the rate of two and one-half (2-1/2) times their
regular rate of pay when they are required to work more
than four hours between -those hours. Unless a supervisor
so determines that the emergency still exists during the
subsequent shift, tiius necessitating.the continuation of
work by the employee called in, the employee shall not work
during that subsequent shift.
5. Employees who are called in to work at times other than their
normal working hours are guaranteed a minimum of two (2)
hours compensation at the overtime rate of one and one-half
(1-1/2) times their regular compensation. Employees who
fail to report for work within approximately thirty (30)
minutes after receiving notification of call -in -shall not
be entitled to the guaranteed minimum compensation and
shall be paid the overtime rate for actual time worked.
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=des c No. 77-133/10 4 23
ARTICLE VI - FRINGE BENEFITS
A. Employee Insurance Benefits.,
1. The City agrees to continue the existing insurance programs,
i.e. medical, dental, life, accident and long-term disability,
and to pay the premiums of an employee's coverage.
Employees may include their dependents; however, the cost
ofsuchdependent coverage shall be the responsibility of
the employee.
' 2. The City agrees to assume any additional cost in maintaining
the existing benefits.
3. The City recognizes its obligation to maintain the.present
level of insurance coverage.
B. Holidays
1. The'City agrees that the following•holidays shall be paid
holidays for all employees covered by this agreement:
January 1
February 12
The third Monday in February
The last Mondav in.May
July 4
The -first Monday in September
geptember 9
.The second Monday in October
The fourth Monday in October
Thanksgiving Day
December 25
2. Every permanent and every probationary employee in the
' competitive service shall no.t be required to be on duty on
holidays unless the employee's services are needed and
.required in the interest of the public health, safety or
general welfare in i:hich latter event any such employee shall
be entitled to overtime pay at the regular rate. _
3. When any day observed as a holiday by the City -falls on a
Saturday, employees shall be permitted to observe the holiday
either on* the Friday immediately preceding or on the first
Monday immediately following the holiday. The determination
of which day off iF granted shall be made by the department
head in accordance with departmental program needs; however,
the department head shall post at least five (5) working
days before such a holiday a list specifying when each
employee shall observe the holiday,. -as provided herein.
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Res No. 77-133/.11 : of 23
4. In order for an employee to be eligible.'for holiday pay, he
must have worked the full -scheduled wank day immediately
before or after the holiday unless his absence on either
of such days.was due to emergency leave, sick leave or
other leave for which written.permission-was granted.
5. In the event that the Mayor and/or the City Council declares
a__ortion of -the day before Christmas (_December 24) and/or
a portion .of the day before New Year's Day (December 31) a_--
holiday, all employees covered by this agreement shall be
granted this time off duty as paid holiday(s). Such time off
must be taken when granted and cannot be accrued. Employees
absent or on leave -viien such time is granted shall not re-
ceive compensatory time off or additional pay to.compensate
for not receiving this special leave.
b. In lieu of time off for every day on which an election is
held throughout the State, employees shall select an
alternative day (or dateg4) as a holiday. =The selection
of specific dates shall be with the approval of the
department head, shall be taken after the election date,
and shall only be taken in eight hour increments. On.
election days, all City offices shall be open and City
departments shall function.in a normal manner.
C. Jury Duty
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It is mutually understood that the City agrees`to incorporate
the practice of salary payment during jury service for the
duration of this memorandum of understanding.
Any employee of the City of Carson covered under or -within this
memorandum of -understanding who is duly summoned to attend any
Superior or Supreme Court for the purpose of performing jury
' service shall, for those days during which jury service is
actually; performed and those days necessary to qualify for jury
service, receive his or her regular salary; provided, however,
that any jury attendance fees received by any employee of the
City of CArson who receives his regular salary pursuant to this
provision except those frees received for jury service performed
on a regular day off or holiday, shall be paid to the City of
Carson. Should any employee fail to deposit said jury service
attendance fees as required by this section within -30 days from
the last day of jury service, the affected department shall
notify the Director of Finance and Administration of such non -
deposit, and said officer shall deduct an equivalent amount
from said employee's paycheck.
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Res. No. 77-133/ 12 of x'23
D. Retirement Benefits
The City. agrees to request that the Public Employees Retirement
System conduct a valuation to determine the City's "unpooled"
rate should the City adopt any of the PERS options available
to miscellaneous members. Upon completion of the valuation
the City--shall-evaluate the -cost -of implementing the one-year
final compensation provision as provided in Government Code
Section 20024.2 and shall implement that option if it is deemed
' feasible in terms of cast. .Such implementation
shall be immediately following the feasibility study.
ICLE VIZ - WORKING CONDITIONS
A. Rest Periods
The City agrees that employees shall take a rest period of
not more than fifteen (15) minutes for :each half day of wort:
at times scheduled by the employer. The rest period is intended
to be*a,recess'to be preceded and followed by an extended work
period of at least an hour and a half; thus, it may not be used
to cover an employee's late arrival to work or early departure,
nor may it be regarded as accumulative if not taken. Rest
periods shall have no monetary value if unused.
B. Lunch Period
The City agrees that employees shall be entitled to a lunch
period not to exceed one hour per regular workday or regular
workshift. The amount of time for lunch period and -the
procedure for taking a lunch period shall be determined by
' departmental rules and regulations.
C. Promotional Practices
The City agrees insofar as consistent with the best interests
of the service, all vac'incies in the competitive service shall
be filled by promotion from within the competitive service,
after a promotional examination has been given and the pro-
motional list established. If in the opinion of the appointing
authority and the Personnel.: Officer, a vacancy in the position
could be filled better by an open competitive examination
instead of a promotional examination, then the Personnel Officer
shall arrange for an open Competitive -examination and for
the preparation and certification of an open competitive
employment list.
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Res.KK'Nos 77-133/13 of 2
D. Employee Safety
1. It is the joint responsibility of the City and its employees
to make every reasonable effort-to'provide and maintain a
safe and healthy place of employment. To this end, the
City agrees to the continuation of the present advisory
Safety Committee.
2. Emproyees who work for more than thirty (30) hours in a
' thirty (30) day pe•iod with pesticides that contain
organophosphates or carbamates that carry the signal
word "Danger" or "Learning" shall be provided with appropriate
medical supervision that includes periodic cholinesterase
blood tests.
3. Employees whose job presents a safety hazard shall be
eligible to receive safety shoes and prescription safety
glasses. Decisions as to the employee's eligiblity shall
be determined by the division head upon approval by the
City Safety Officer. One pair of safety shoes, Red Wing
or approved equal, shall be provided to eligible employees
prior to the termination of this agreement.' -When the City
replaces an employee's safety shoes, the pair being replaced
must be returned to the City.
4. The City will make every reasonable effort to provide safe
working conditions. The Union will encourage its members
to perform their work in a safe manner. Each.employee shall
be alert to unsafe practices,
and shall report any hazardous
immediate supervisor.
equipment, and conditions,
condition promptly to his
5. In the event of employee accidents incurred while in the
' performance of duty, medical -_treatment shall be- given at
the Carson Intercomi,unity Hospital or other such facility
suitable equipped vo handle emergencies..
6. Where the medical condition of an employee is such that he
can no longer safely carry out the duties of his classifi-
cation, management shall seek alternative employment for
the employee within the City where possible.
E. Employee Training
The City recognizes that the growth.and development of the
City's work force requires -the development of a structured
training program which will assist employees in the development
of their skills so they will be able to perform their present
jobs more efficiently or be qualifed to move up to higher-level
positions. To this end, the City agrees to contact the State
Department of Industrial Relations, Division of Apprenticeship
Standards to seek input for the development of a structured
training program. The City further agrees to seek.the assistance
of the Union in establishing the training_program.
Res. No. 77-133./- 14 of 23
ARTICLE VIII - GENERAL PROVISION:,
A. Nondiscrimination, Equal Opportunity and Affirmative Action
The City and the Union agree that both parties have a crucial
role in the development and implementation of equal employment
opportunities. Both parties mutually accept responsibility
for carrying out these provisions. The parties also agree
to cooperate actively and positively in supporting the City's
' affirmative action progr-*m which has been designed to accomplish
equal opportunity for all employees and to seek and achieve
ahe highest potential arncl productivity in employment situations.
The City agrees to provide encouragement, assistance and appro-
priate tr-aining opportunities so that all employees may utilize
their abilities to the fullest extent. The City will exert
every effort possible to encourage upward mobility of employees
now at 'Lower grade lever so that they may work at their fullest
potential.t The City will implement the redesigning of jobs
where feasible and provide on-the-job training ana work study
programs and other training means.
These provisions shall he applied equally to all employees in
the representation unit vaithout discrimination as to age, sex,
martial status, race, color, creed, national origin, religion,
union affiliation or political affiliation.
B. Maintenance of Membership
1. All employees who are members of the Union and all employees
who become members, shall, as a condition of continued employ-
ment, maintain their- membership in the Union for the duration
of the agreement.
2. All employees hired ^fter the execution date of this memo-
randum of understanding are free to join or not join the
Union. however, once such new employee does Join the
Union, he shall, as a condition of continued employment,
maintain his membership in the Union for the duration of
the memorandum.
3. The Union,.its officers and members shall not intimidate
or coerce employees into joining the Union.
4. Notwithstanding any other provisions in this article to
the contrary, any employee who is or becomes a member of
the Union during the term. of this contract may, within
fifteen (15) days prior to the first and second anniversary
date of this contract, withdraw his membership in the Union
by notifying the City and the Union in writing of such and
that after such withdrawal, said employee no longer has to
remain a member of the:Union as a condition of continuing
employment.
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Res. No. 77-133/ 15 of 23
5. The Union recognizes its responsibility. to represent all
employees without discrimination, interference, restraint
or coercion. The provisions of existing and agreements
yet to be agreed upon shall be applied equally to all
member employees, without discrimination as to age, sex,
marital status, religion, race, color, creed, national
origin or political or union affiliation.
C. Acting Appointment Compensation
The -following is the City's policy regarding acting -appoint-
ments to City positions:
1. Definition: An acting status employee is a.probationary
or permanent status City employee who is appointed to
perform the responsibilities of a vacated, or newly
created, full-time position of a higher level than that
currently held by the employee. A vacated position shall
mean one which the incumbent employee has been given extended
leave of one pay period or more, or has terminated.
2. Policies and Procedures:
a. The appointing authority for acting appointments will
be the City Administrator or his designate.
b. Acting appointments may be made only to fulfill the
responsibilities of the vacated positions until such
time that an appropriate selection.procedure is held
and a permanent appointment is made, or until such time
that the incumbent has returned to duty.
C. Acting appointments may not be extended for a period
greater than ninety _days. without special approval of
the City Administrator.
d. Acting appointments may not be made in excess of'
authorized streii,;th or budgeted funds without approval
of the City Council.
e. Upon.assignment of acting duty status, an employee
will begin to earn a salary which is equal to Step A
of the salary assigned to' -the acting position, but.shall
at all times receive at least 5% above the salary of the
employee's permanent position.
f. While working in an acting capacity, employees will
continue to accrue., and have recorded, general, special
or normal salary step increases inthe employee's
permanent position.. However, such salary increases
will be paid only to maintain a minimum 5% differential
above the salary to which an employee is entitled in
his permanent position.
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Res. No. 77-133 14Df 23
g. No request for reallocation or temporary appointment
shall be considered in*s.ituations.%ahere the work assign-
ment is less th:iri two weeks,duration.
D. Expansion of Unit
In the event new positions not now covered by the'recognition
provisions of this memorandum of understanding are created by
the City, said positions shall be included within the appropriate
unit and the employees appointed to such positions shall be deemed
' part of such bargaining unit and shall be represented by the
bargaining unit, and they shall also be covered by this memorandum,
of understanding between the Unit and the City.
E. Conclusion
' This agreement shall contain all of the covenants, stipulations,
and provisions agreed upon by the parties. Therefore, for the
life of `this agreement, neither party shall be compelled to
bargain with the other concerning any mandatory bargaining issues
whether specifically bargained about prior to the execution of
this agreement or which may have been .omitted in the"bargaining
which led,,up to the execution of this agreement, except by mutual
agreement of the parties.
F. Duration
This memorandum of -understanding and'each and every article
and provision are binding and effective as of July 1, 1975,
and shall continue in full force and effect until June -30, 1977.
F�jTHE UNION: FOR THE CITY:
Gerald Michaels, President Wiliam E. Parrott, Director
of Finance and Administration
pt
BobA. Bendt, Vice -President Motris B. Vance
Assistant City Administrator
Anthony Tabu , Representative
California District Council 36,
AFSCME
1
-11-
EXIIIBIT ""B"
COMPENSATION PLAN
CRAFTS Atli) TRADES UNIT
Res. No. 77-133/ 17 of 2
A
RANGE
CLASS TITLE
D
17a
Maintenance Worker
'
18a
Parts Clerk Trainer
958
18a
Custodian I
913
18a
Groundsman I
828
18a
Maintenance Man I
958
19a
Senior Custodian
868
19a
Mechanic Apprentice
1006
20
Maintenance Man II
913
20a
Chipper Operator
868
20a
Groundsman -II
1006
21
Maintenance Man TII
913
22
Craftsman I
1056
22
Maintenance Man IV
'
23
Tree Trimmer
913
23
Senior Craftsman
1056
23
Senior Groundsman
958
23
Mechanic
1109
23
Senior Maintenance Man
1030
24a
Senior Mechanic:
Res. No. 77-133/ 17 of 2
A
B
C
D
E
789
828
868
913
958
828
868
913
958
1006
828
868
913
958
1006
828
868
913
958
1006
828
868
913
958
1006
868
913
958:
1006
1056
868
913
958
1006
1056
890
935
982-
1030
1082
913
958
1006
1056
1109
913
958
lb06
1056
1109
935
982
1030
1082
1136
982
1030
1082
1136
1194
982
1030
1082
1136
1194
1030
1082
1136
1194
1253
1030
1082
1136
1194
1253
1030
1082
1136
1194
125-3
1030
1082
1136
1194
1253
1030
1082
1136
1194
1253
1109
1164
1222
_1284
1349
Res. No. 77-133/ 18 of 23
AMENDMENT TO AGREEMENT
THAT CERTAIN MEMORANDUM OF UNDERSTANDING entered into by and
between the City of Carson, a municipal corporation (City), and
the American Federation of State, County and Municipal Employees,
' California District Council 36, Local 809, Crafts and Trades Unit
(the Union), on 30 June 1976, is hereby amended as follows:
ARTICLE 17 - COMPENSATION PROVISIONS
Section A, subsection 1 is hereby amended as follows:
A. Salary adjustments
1. Salary adjustments for the 1976-77 fiscal year
are found in Exhibit "A" to this agreement.
Section D is hereby added to Article V as follows:
D. Shift Differential
Employees who work a shift designated as swing shift
or perform street sweeping duties on a graveyard shift
shall be given a swing shift or graveyard shift differ-
' ential in addition -,to the regular hourly job rate for
all hours worked within the designated shift. The
designated shifts will be as follows:
Swing Shift 2:00 P.M. - 10:30 P.M.
Graveyard Shift 11:00 P.M. - 7:00 A.M.
1. A swing shift differential of S% shall be given to
all employees, -except night custodians, working
the hours of 2:00 P.M. to 10:30 P.M.
2. Night custodians who work the hours of 4:30 P.M.
to 1:00 A.M. or 11:00 P.M. -to 7:30 A.M. shall
receive a 5% shift differential for work performed
during the aforementioned hours.
-1-
w ,
Res. No. 77-133/.19 of 23
3. A graveyard shift differential of loo shall be
given to those employees performing street
sweeping duties between the hours of 11:00 P.M.
and 7:00 A.M.
ARTICLE VI - FRINGE BENEFITS
Section A, subsections 1, 2 and 3 are hereby deleted and the
' o owing anguage esta is e
A. Employee Insurance Benefits
1. The City agrees to continue the existing insurance
Programs and to augment the employees' medical and
dental insurance programs in the following manner:
a. Revise the medical insurance program so as to
increase room and board benefits $10 per days.
b. Revise the medical insurance program so as to
increase the surgical schedule from $6 per unit
to'$8 per..unit (maximum increased to $1,600
from $1,200)..
C. Increase the major medical maximum from $50,000
to $250,.000.
d. Revise the medical insurance program so as to
eliminate co-insurance.in order to provide 80%
coverage to $5,000 and 100% coverage to $250,000.
' e. Augment the employees' dental insurance program
r so as to effectuate a 50% increase in benefits.
2. h.mployees may include their dependents in the City's
insurance programs. However, those employees de-
siring to exercise this option shall be required to
assume the responsibility for the cost of dependent
coverage.
3. The City agrees to assume.any additional cost in
maintaining the existing benefits or programs.
Section C is hereby deleted and the following language established:
C. Jury Duty
Any employee of the City of Carson in the classified
service who is duly summoned to attend any Superior
1
1
or Supreme Court for.
service or as a civil
litigation occurring
involving the City or
occurring during the
ment during that empl
City limits shall be
with the following:.
'Res. No. 77-133/20Af 23
the purpose of•performing jury
witness in connection with
as a result of an incident
observation of an incident
course of his/her work assign-
oyee's working hours within the
paid by the City'in accordance
1. Any attendance fees received by the employee,
except those fees for service performed on a
regular day off or a holiday, shall be paid tc
the City exclusive of travel or meal expenses.
This section shall also apply to days used to
qualify for jury service.
2. Employee shall deposit said attendance fee as
required within thirty (30) days from the day
of return to duty with the Director of.Finance
and Administration. If such deposit is not made
within the time specified, said officer shall
deduct an equivalent amount from employee's
paycheck.
ARTICLE VII - WORKING CONDITIONS
Section D. subsection 3 is deleted and the following language
established:
D. Employee Safety
3. Employees whose Job presents a: -safety hazard
' shall be eligible to receive one pair of Red
Bing safety shoes or approved equal within the
1970-77 fiscal year. The cost to the City for
the safety shoes shall be based upon the price
to the City for Red icing Style #2208 (8" boot)
or Red Bing Style 1'2224 (ankle height boot).
Decisions as to the employee's eligibility shall
be determined by the division head upon approval
by the City Safety Officer. Employees who are
eligible to receive safety shoes and wish to
obtain a shoe of higher quality than the one
provided by the City may do so_ However,
employees wanting to exercise this option shall
be responsible for paying the difference in
price between the City contribution and the price
of the desired shoes. All shoes purchased in this
fashion shall he required to meet OSHA specifi-
cations. When the City replaces an employee's
safety shoes, the pair being replaced -must be
returned to the City.
1
Res. No. 77-133/ 21 lk 23
Section E, lines 6 through 10 are amended as follows:
E. Employee Training.
........ To this end, the City shall establish a
structured training program. It is anticipated that
said training program will be initiated on 1 January
1977 with the development and implementation of training
' standards for the Groundsworker series.
ARTICLE VIII - GENERAL PROVISIONS
Section C, subsections 1 and 2 are amended as follows:
C. Acting Appointment -Compensation
1., Definition: An acting stat -us employee is a pro-
bationary or permanent status City employee who is
appointed to -perform the responsibilities of a
vacated or newly -created, full -time -position of
a -higher level than that currently held by the
employee. A vacated position shall mean one
which the incumbent employee has been given
extended leave of five work days or more, or has
terminated.
2. Policies and Procedures:
g. No request for reallocation or temporary.
appointment shall be considered in situations
where the work assignment is five or less
' work days in duration.
h. hmpvoyees will not be removed iron acting
appointments etcepi for reasons of incompetence,
dereliction of duty, return to work of the
incumbent employee, or hiring of a new employee
for the position.
New Sections D. E and F are herebv added. Previous Sections D and E
titled "Expansion of—Unit" an 'Conclusion" shall now be known as
Sections G and Ji, respectively. Previous Section F is hereby retitled
"I. Duration" and rewritten.
D. Chemical Handler Classification
The City agrees to develop a chemical handler classifi-
cation by 1 August 1976. This classification shall be
Res. No
77-133/ 22 of3
used for those City personnel requir=ed to work with
pesticides containing organophosphates or carbamates
that carry. the signal word "Danger" or "Warning."
The Union shall receive a draft of this classification
for review and comment on`loAugust 1976, or as soon as
possible thereafter.
E. Grievance Procedure
The City agrees to provide the Union with the option
of filing a grievance in the name of the Union on the
behalf of an employee or employees. Said grievance
shall be filed.in accordancewith existing personnel
rules and regulations pertaining to the filing of a
grievance.
F. Binding Arbitration Study
The City agrees to conduct a joint study of binding
arbitration in conjunction with the :.:'vk►DE
"- Said study shall:be completed_ by
1 December 1976, and shall be submitted to both
parties for review immediately therQafter. A final
report on the subject shall be presented to the City
Council on 1 February 1977, or as soon as. -possible
immediately -thereafter.
I. Duration
This amendment.to the Memorandum of Understanding
is binding and effective as of 1 July 1976, and shall
continue in full force and effect until 30 June 1977.
Provisions and articles of the Memorandum"of Under-
standing entered in -t -o by the parties on 30 June 1976
and not changed, amended, deleted.or otherwise affected
by this amendment, shall remain in full force and
effect until 30 June 1971.
FOR THE UNION FOR THE CITY
ral ?ich e -1s— Presi ent E. -Fre rscBien, ity A ministrato
Bob A. Bendt, Vice Presi ent W liam E. Parrott, Director,
Finance F Administration
James Kriste, Secretary
'Anthony Tabick, Representative,
Califurnia District Council 36, AFSCME
J
R
n
EXHIBIT "A"
COMPENSATIOW PLAN
CRAFTS AND TRADES UNIT
RANGE
CLASS TITLE
17a
Maintenance Worker
18a
Parts Clerk Trainee
18a
Custodian I
18a
Groundsman I
18a
Maintenance Man I
19a
Senior Custodian
19a
Mechanic Apprentice.
20
Maintenance Man II
20a
Chipper Operator
20a
Groundsman II
21
Maintenance Man III
22
Craftsman I
22
Maintenance Man I1'
23
Tree Trimmer
23
Senior Craftsman
23
Senior Groundsman
23
Mechanic
23
Senior Maintenance Man
24a
Senior Mechanic
Re" . No. 77-133/ 23 of 23
A
B
C
D
E
791
831
873
917
964
831
873
917
964
1012
"831
873
917
964
1012
831
873
917
964
1012
831
873
917
964
1012
873
917
964
1012
1062
873
917
964
1012
1062
89.5
940
987
1036
1088
917
964
1012
1062
1115
917
964
1012
1062
1115
940
987
1036
1088
`1142
987
1036
1088
1142
1199
987
1036
1088
1142
1199
1036
'1088
.1142
1199
1259
1036
1088
1142
1199
1259
1036
1088
1142
1199
1259
1036
1088
1142
1199
1259
1036
1088
1142
1199
1259
1115
1171
1229
1290
1355