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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' D U 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 7 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 7 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. -I- D 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. a 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, 1 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. 1 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).. 1 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. -4- ■ =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. -5- 1 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 a F 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. a Me D 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. -7- 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. D fl 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. -10- 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