HomeMy WebLinkAboutReso - CC - 106-2014RESOLUTION NO.106-2014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
TEAMSTERS LOCAL 866 AND THE CITY OF BURLINGAME AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM ON
BEHALF OF THE CITY
WHEREAS, Teamsters Local 856 represents the Police Department Communications
Dispatchers, a unit that includes seven employees; and
WHEREAS, the Teamsters labor agreement expired on December 31, 2013; and
WHEREAS, the City and the Teamsters have met and conferred in good faith on the
terms and conditions of employment as provided by State law; and
WHEREAS, the City and the Teamsters have reached agreement on certain changes to
be made to the existing terms and conditions of employment and Memorandum of
Understanding between the City and the Teamsters; and
WHEREAS, the proposed changes are fair and are in the best interests of the public and
the employees represented by the Teamsters.
NOW, THEREFORE, BE IT RESOLVED:
1. The changes in existing salary and benefits of the employees represented by the Teamsters
as contained in the Memorandum of Understanding between Teamsters Local 856 and the
City of Burlingame hereto are approved.
2. The City Manager is authorized and directed to execute the Memorandum of Understanding
between the Teamsters Local 856 and the City of Burlingame.
I, MARY ELLEN KEARNEY, City Cle
the foregoing resolution was introduced at a
1st day of December 2014, and was adopted thereafter by the following vote:
AYES: COUNCIL MEMBERS: BROWNRIGG,KEIG RAN,ORTIZ,ROOT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS:NAGEL
Mary Elldn Kearney, City Clerk
hat
J
MEMORANDUM OF UNDERSTANDING
BETWEEN
TEAMSTERS LOCAL 856
l
THE CITY OF BURLINGAME
BUI�LINGAME
e w c I x a n N I w
JANUARY 1, 2014 - DECEMBER 31, 2015
MEMORANDUM OF UNDERSTANDING
BETWEEN
TEAMSTERS LOCAL 856
AND
THE CITY OF BURLINGAME
JANUARY 1, 2014 - DECEMBER 31, 2015
SECTION TITLE PAGE
1.
RECOGNITION..................................................................................................................1
2.
UNION DUES AND RIGHTS...........................................................................................1
3.
ACCESS RIGHTS..............................................................................................................2
4.
NO DISCRIMINATION.....................................................................................................
3
5.
ADVANCE NOTICE..........................................................................................................
3
6.
SALARY PLAN AND PREMIUM PAYS.........................................................................
3
7.
DAYS AND HOURS OF WORK......................................................................................
5
8.
HOLIDAYS........................................................................................................................
5
9.
VACATION........................................................................................................................6
10.
TUITION REIMBURSEMENT.........................................................................................
7
11.
SICK LEAVE......................................................................................................................
7
12.
LEAVES OF ABSENCE....................................................................................................
9
13.
GRIEVANCE PROCEDURE...........................................................................................10
14.
HEALTH AND WELFARE.............................................................................................13
15.
UNIFORM ALLOWANCE..............................................................................................15
16.
PROBATIONARY PERIOD.........................................................................:..................15
17.
LAYOFF AND RECALL.................................................................................................16
18.
DEMOTION, SUSPENSION AND DISMISSAL OF PERMANENT EMPLOYEES
...16
19.
PERSONNEL FILES........................................................................................................17
20.
EXPENSE REIMBURSEMENT FOR CITY BUSINESS...............................................18
21.
SENIORITY......................................................................................................................18
22.
RESIGNATION................................................................................................................18
23.
REHIRE PROCEDURE....................................................................................................18
24.
RETIREMENT..................................................................................................................19
25.
SPECIAL PROVISIONS..................................................................................................19
26.
CONCERTED ACTIVITIES............................................................................................19
27.
NO LOCKOUT.................................................................................................................
20
28.
RIGHTS............................................................................................................................
20
29.
EFFECT OF AGREEMENT.............................................................................................
20
30.
MODIFICATION..............................................................................................................20
31.
TOTAL AGREEMENT....................................................................................................
20
32.
SEPARABILITY OF PROVISIONS................................................................................20
33.
TERM................................................................................................................................21
AppendixA...................................................................................................................................
22
MEMORANDUM OF UNDERSTANDING
BETWEEN
TEAMSTERS LOCAL 856
AND
THE CITY OF BURLINGAME
JANUARY 1, 2014 —DECEMBER 31, 2015
Teamsters Local 856 and representatives of the City of Burlingame have met and conferred in good
faith regarding wages, hours and other terms and conditions of employment of employees in the
representation unit listed in Section 1, have freely exchanged information, opinions and proposals and
have endeavored to reach agreement on all matters relating to the employment conditions and
employer-employee relations of such employees.
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act and has
been jointly prepared by the parties.
1. RECOGNITION
Teamsters Local 856, hereinafter referred to as the "Union", is recognized as the majority
representative, as provided in the City's Employer -Employee Relations Ordinance, for all
employees assigned to the following classifications:
Communications Dispatcher I
Communications Dispatcher 11
2. UNION DUES AND RIGHTS
The Union shall be entitled to have their regular dues of its members deducted from their
paychecks, in accordance with the procedures set forth herein.
Bargaining unit members shall be entitled to have dues deducted by filling out, signing and
filing with the City an authorization form provided by the Union. Any employee who signs
such an authorization shall not revoke such authorization during the term of this Memorandum,
except during the following time periods:
His/her first thirty (30) calendar days of employment;
The first thirty (30) calendar days following approval of this Memorandum by City
Council;
The thirty (30) calendar day period between ninety (90) calendar days and sixty (60)
calendar days preceding the expiration of this Memorandum of Understanding.
Revocation during said period shall be by a written signed statement furnished by the
Union.
The employee's earnings must be regularly sufficient after other legal and required deductions
are made to cover the amount of the dues check -off authorized. When a member is in good
standing of the Union and is in a non -pay status for the pay period when his/her dues would
normally be withheld, no dues withholding will attach to future earnings nor will the member
be required to deposit the amount with the City which would have been withheld if the member
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had been in a pay status during that period. hi the case of an employee who is in a non -pay
status during only a part of the pay period and the salary is not sufficient to cover the full
withholding, no deduction shall be made. In this connection, all other legal and required
deduction(s) shall be made. In this connection, all other legal and required deductions have
priority over Union dues.
Dues withheld by the City shall be transmitted monthly to the officer designated in writing by
the Union as the person authorized to receive the fiends, at the address specified.
The Union shall indemnify, defend, and hold the City harmless against any claims made and
against any suit instituted against the City on account of check -off of employee organization
dues. In addition, the Union shall refund to the City any amounts paid to it in error upon
presentation of supporting evidence. In the event the City fails to collect an employee's
Union dues, the City shall transmit delinquent dues to the Union collected from future
employee payroll deductions.
The Union may, with the prior approval of the City Manager or his/her designee, use City
facilities for meetings of City employees represented by the Union provided space is available,
and provided further such meetings are not used for organizational activities or membership
drives of City employees.
The use of City equipment other than items normally used in the conduct of business meetings,
such as desks, chairs, chalk and blackboards, is strictly prohibited, the presence of such
equipment in approved City facilities notwithstanding.
The Union may use portions of City bulletin boards to post Union materials under the
following conditions:
• All materials must receive the approval of the Police Chief or his/her designee in charge of
the department bulletin board for conformance with this section.
• All materials must be dated and must identify the organization that published them;
• The City reserves the right to determine where bulletin boards shall be placed.
Any bargaining unit member who is directed to attend a meeting at which one of the issues is
the proposed discipline of said employee shall be entitled to Union representation at such
meeting; provided, such representation shall include no more than one City employee in
addition to the employee being disciplined. The limitations of this Section shall apply to
employees on paid release time and not to Union staff for witnesses who may be necessary to
the meeting.
3. ACCESS RIGHTS
Reasonable access to employee work locations shall be granted officers of the Union and their
officially designated representatives, for the purpose of contacting members of the bargaining
unit concerning business within the scope of representation. Such officers or representatives
shall not enter any work location without the consent of the Police Chief or his/her designee.
Access shall be restricted so as not to interfere with the normal operations of the department or
with established security requirements.
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Solicitation of membership and activities concerned with the internal management of an
employee organization such as collecting dues, campaigning for office, conducting elections
and distributing literature shall not be conducted during work hours.
The Union shall designate in writing to the City Manager or his/her designee the names of the
Union officers and representatives within thirty (30) days of any change in officers or
representatives.
4. NO DISCRIMINATION
The City agrees not to discriminate against any employee because of membership in the Union
or because of any activities on behalf of the Union. Union activities shall not interfere with the
normal operation of the City. Neither the City nor the Union shall discriminate for or against
any employee or applicant for employment on account of race, color, creed, national origin,
age, sex, sexual orientation or physical or mental disability which does not prevent an
employee from meeting the minimum job standards established.
5. ADVANCE NOTICE
Except in cases of emergency, the Union shall be given reasonable advance written notice of
any ordinance, resolution, rule or regulation directly relating to matters within the scope of
representation proposed to be adopted by the City and shall be given the opportunity to meet
and confer with management representatives prior to adoption.
6. SALARY PLAN AND PREMIUM PAYS
6.1 Salary Increases:
Effective the first payroll period in December 2014, salaries for represented
classifications shall be increased by 1.0%.
■ Effective the first payroll period in December 2014 each employee in the
bargaining unit represented by Teamsters Local 856 shall receive a lump sum
payment of $825.00.
■ Effective the first payroll period after the modification of the Shift
Differential in Section 6.3 of the MOU, the salaries for the represented
classification shall be increased by 1.0%,
■ Effective the first payroll period in January 2015, salaries for the represented
classifications shall be increased by 3.0%; however, 1.0% of the 3.0% salary
increase shall offset the City's cost of medical premiums, such that the actual
increase to base salary shall be 2.0%.
6.2 Premium Pays will be provided as follows:
The City will provide a 5% premium pay differential to employees designated as bi-
lingual service providers. Such designation will be pursuant to the City's
Administrative Procedure #4.28.1.
While assigned to active training of a new dispatcher, Communications Dispatchers
shall receive an 18.75% differential.
The City will provide a 5% premium pay differential to an employee who eams and
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submits evidence of an Intermediate POST certificate and a 7% premium differential
to an employee who earns an Advanced POST certificate. The premium differential
payments will become effective receipt of appropriate evidence by the City.
6.3 Shift Differential
1. Employees will receive a 6% shift differential if their entire assigned shift schedule
falls between the hours of 1500 (3:00 PM) and 0700 (7:00 AM.
2. Employees are eligible to receive double-time when working alone for more than
thirty (30) minutes between 1100 (11:00 a.m.) and 0300 (3:00 a.m.), excluding
normal lunch/dinner breaks.
3. New employees in training are eligible to receive the shift differentials listed above
only when their training period has been concluded.
6.4 Court Pay
Any represented employee who is required to be in court on off-duty time as part of
his/her job duties shall be entitled to pay at the rate of time and one-half (1 ''/2) for all
court time with a minimum entitlement of three (3.0) hours at time and one-half (1 ''/2).
In addition, such employee shall be entitled to a maximum of one (1) hour of total
travel time at time and one-half (1 '/2) for such court appearance, unless the employee
utilizes a City vehicle to travel to court. It is understood that a represented employee
who is required to appear in court during his/her shift and who is required to stay
beyond the end of his/her shift, shall be entitled to pay at the rate of time and one-half
(1 ''/2), but shall not be entitled to any minimum number of hours or to any travel time.
6.5 Salary Appointment and Advancement
The salary for a new employee entering City employment shall be the minimum salary
step for the classification to which the employee is appointed unless the City determines
that appointment to another step is in the best interests of the service.
Regular employees serving in regular established positions shall be advanced to the
next higher salary step for their respective classifications, upon satisfactory evaluation,
after completion of one (1) year of full time service in each of the salary steps for the
classification upon the anniversary of the employee's appointment date or revised salary
anniversary date. The Police Chief may grant an early step increase after completion of
six (6) months in a classification subject to City Manager approval. Granting an early
step increase may result in a revised salary anniversary date for future step increases.
• Salary range adjustments for a classification will not set a new salary anniversary
date for employees serving in that classification.
• Whenever the schedule of compensation for a classification is revised, each
incumbent in a position to which the revised schedule applies shall be paid at the
same step in the revised range as the step at which the employee was paid in the
previous range.
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DAYS AND HOURS OF WORK
7.1 Work Schedule
Dispatchers are assigned to work a schedule of 8, 10, or 12 hour shifts. Monthly
dispatch schedules will be posted one (1) month in advance, between the fust and the
fifth day of the designated posting month.
h.2 Shift Bid
The full time dispatcher with the most seniority will bid fust and this will continue
until the least senior full time dispatcher has completed their bid. Shift bids will be
posted twice per year, no later than May 1 and November I of each year.
7.3 Overtime Definition
Overtime is authorized time worked in excess of an employee's normal daily work
schedule.
Overtime shall be compensated at one and one-half (1-1/2) times the employee's regular
rate of pay for every hour of overtime worked.
Overtime will be offered in order from the most senior dispatcher to the least senior
dispatcher. Per Diem dispatchers will be assigned remaining overtime slots only
after this process has been completed. If necessary to mandate overtime, such
overtime will be assigned in order from the least senior dispatcher to the most senior
dispatcher.
7.3 Compensatory Time Off
Compensatory Time Off shall be allowed to accrue to a maximum of 150 hours.
7.4 Mandatory Overtime
Should an employee be mandated to work in an overtime situation, the employee shall
be compensated at one and one half (1%) times the employee's regular rate of pa} .
7.5 Call Back
An employee recalled to work outside of and not continuous with regularly scheduled
hours shall be paid a minimum of four (4) hours at the rate of one and one-half (1-1/2)
times the employee's regular rate of pay. Work may be provided for the employee
during this four-hour time period.
8. HOLIDAYS
The holidays to be observed are as follows:
New Year's Day
January 1
Lincoln's Birthday
February 12
Washington's Birthday
Third Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4
Labor Day
First Monday in September
Admission Day
September 9
Columbus Day
Second Monday in October
Veteran's Day
November 11
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Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Years Eve Day
Fourth Thursday in November
Friday in November
December 24
December 25
December 31
When approved by the City Council, holidays shall also include every day proclaimed by the
President of the United States or the Governor of California, as a public holiday and every day
declared as a national day of mourning or special day. When a holiday falls on Sunday, the
following Monday shall be observed. If the holiday falls on Saturday, the previous Friday shall
be observed. If the holiday falls on an employee's regularly scheduled time off, overtime or
compensatory time off shall be granted.
8.1 Holiday Pay
Employees will receive 112 hours of holiday pay per year to be spread over fourteen
observed holidays. No more than (8) hours of holiday pay will be paid for any given
holiday. Employees who work on a holiday will be paid at one and one-half (1-1/2)
rimes the regular rate of pay.
8.2 Mandatory Overtime on Holiday
Double time will be paid to any personnel who are ordered to work (mandatory)
overtime on the following four holidays: New Year's Day, July 4th, Thanksgiving and
Christmas.
9. VACATION
9.1 Vacation Eligibility:
Employees shall be entitled to annual vacation leave with pay as it is accrued.
9.2 Vacation Schedule:
Anniversary Date
Days Per Year
Hours Per Pav
eu riod
Hire to 4th
10
3.08
5th
15
4.62
101
16
4.93
11"'
17
5.24
12`"
18
5.54
13"'
19
5.85
14"'
20
6.16
15`h
21
6.47
16'
22
6.78
17th
23
7.09
25th
24
7.39
On an employee's 5t' anniversary date of employment with the City of Burlingame,
the employee will receive a one-time allotment of 40 hours of vacation in his/her
vacation accrual bank.
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10.
11.
9.3 Vacation Accumulation
Earned vacation time may be accumulated to a maximum of two (2) times the
employee's annual accrual.
9.4 Vacation During Leave of Absence
An employee who is on leave of absence without pay shall not accrue vacation leave
benefits.
9.5 Vacation Scheduling
Vacations will be scheduled once per year. The vacation bid for the following
calendar year will be posted no later than November 1 of the prior year. Vacation
bidding shall be conducted in the order of seniority with the full-time dispatcher with
the most seniority bidding first and will continue until the least senior full-time
dispatcher has completed her/his vacation bid.
Dispatchers will be allowed to modify scheduled vacation days if an opening exists
on the vacation schedule, provided that the Administrative Sergeant is given notice at
least seventy two (72) hours in advance of such proposed change.
9.6 Holiday During Vacation:
In the event one (1) or more holidays fall within an annual vacation leave of an
employee who receives holiday time off, such holidays shall not be charged as
vacation leave.
TUITION REIMBURSEMENT
Employees in this unit are eligible for professional development and tuition reimbursement per
the terms of the City's Administrative Procedure 4.13 - Job Related Training of Employees at
City Expense.
SICK LEAVE
11.1 Sick Leave Defined:
Sick Leave is absence from duty with pay because of an employee's illness or injury; or
to attend medical, dental, or optical examinations or treatments for the employee; or to
care for an immediate family member who is ill and requires the employee's care.
Sick leave shall not be considered as a right that an employee may use at his/her
discretion, but shall be allowed in case of necessity and actual personal or immediate
family illness.
11.2 Sick Leave Accrual Hired Prior to January 1, 2015:
All full time regular and probationary members shall accrue sick leave at the rate of
4.62 hours per bi-weekly pay period to a maximum of 2,000 hours. An employee who
is on paid leave shall continue to earn sick leave credit. An employee who is on leave
without pay shall not accrue sick leave credit. Sick leave shall accrue during an absence
that is a result of occupational disability resulting from employer service.
Sick Leave Accrual for Employees Hired on or after January 1, 2015
All full time regular and probationary members shall accrue sick leave at the rate of
3.69 hours per bi-weekly pay period to a maximum of 2,000 hours. An employee who
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is on paid leave shall continue to earn sick leave credit. An employee who is on leave
without pay shall not accrue sick leave credit. Sick leave shall accrue during an absence
that is a result of occupational disability resulting from employer service.
11.3 Maximum Sick Leave Accrual:
Sick Leave with pay shall be granted to all full-time regular and probationary
employees to a maximum of 2,000 hours.
11.4 Notification of Sickness
Sick leave reporting will be in conformance with the Department's Policy Manual.
11.5 Sick Leave Monitoring Program
The record keeping to determine sick days used will be from January 1 to December 31
of each year. Sick leave monitoring will be in accordance with the Department's
standard operating procedures.
11.6 Sick Leave for Care of Family:
An employee shall be able to use up to 48 hours sick leave with pay per calendar
year when illness of a member of the employee's immediate family necessitates such
absence. The immediate family shall consist of spouse, domestic partner, child,
stepchild, parents, grandparents and siblings.
11.7 Holiday During Sick Leave:
In the event one (1) or more Holidays fall within a period of such employee's illness or
sick leave, such holiday shall not be charged against the employee's sick leave balance.
11.8 Sick Leave Upon Retirement:
If an employee elects to be paid off for accrued sick leave he/she will be paid
according to the following schedule:
All Hours Between: Pay out:
0000 —0600 25% will be paid out or 150 hours maximum payout
0600 —1200 35% or 210 hours maximum payout
1200 —1560 50% or 180 hours maximum payout
1561-2000 Not eligible for payout
Under this program the maximum amount of hours that will be paid out is 540 hours.
11.9 Sick Leave Conversion:
Employees can elect to have all sick leave hours converted to Ca1PERS credible service
per GC Section 20965. If an employee elects to have sick leave hours paid out per
Section 11.8, the remaining sick leave balance not paid out is eligible for conversion to
credible service per GC Section 20965. The maximum available for conversion after
payout is 2080 hours. Any sick leave hours paid out at retirement are not eligible for
conversion.
11.10 Modified Duty
Employee on sick leave may request to be assigned to modified duty per the terms of
the City's Administrative Procedure 4.29 — Modified Duty.
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11.11 Catastrophic Illness or Injury Leave/Provisions
Employees may donate sick leave per the terms of the City's Administrative
Procedure 4.27 - Catastrophic Illness.
12. LEAVES OF ABSENCE
12.1 Industrial Disability Leave:
Industrial disability leave means the absence from duty of an employee because of
work -incurred illness or bodily injury when such absence has been accepted for
coverage under the provisions of the Worker's Compensation laws of the State of
California. Disability leave shall be in accordance with the provisions of the workers'
compensation laws of the State of California and the benefits and allowance provided
under it, except as specifically provided herein.
12.1.1 Conditions and Duration of Leave
For days of absence as a result of illness or injury arising out of and in the
course of an employee's assigned duties and through no fault of his/her own,
an employee shall receive disability pay for one (1) year to the extent that
his/her loss of earnings is not covered by the benefits granted under the
provisions of the workers' compensation laws of the State of California,
unless he/she is terminated earlier. The total amount received from Workers'
Compensation benefits and disability pay shall not exceed eighty percent
(80%) of the employee's regular rate of pay. The City will notify the
employee that he/she has the option of using accumulated sick leave to pay
the residual, and unless the employee notifies the City otherwise, the
residual will be paid by use of accumulated sick leave until such time as
accumulated sick leave is exhausted.
12.1.2 Modified Duty while on Industrial Disability Leave
Employees who are on industrial disability leave may be assigned by the City
to modified duty per the terms of the City's Administrative Procedure 4.29.1—
Modified Duty.
12.2 MihtaryLeaves ofAbsence
In addition to the leaves of absence herein provided for members of the classified
service, those employees in such service who are members of the National Guard or
Reserve Corps in the federal Army, Navy, Air Force, Marine or Coast Guard Service
shall be entitled to leaves of absence authorized and provided by the military and
veterans' code of the State of California, and in addition thereto shall be entitled to the
rights and privileges authorized by said military and veterans' code with respect to
status and re-employment.
12.3 Other Leaves of Absence With or Without Pay:
The City Manager may, for good cause, grant other leaves of absence with or without
pay for up to one (1) year.
12.4 Jury Duty Leave:
Every full-time employee of the City who is called and required to serve as a trial juror,
shall be entitled to jury duty leave during the period of such service or while necessarily
being present in court as a result of such call. Under such circumstances, the employee
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shall be paid his/her full salary and shall reimburse the City any payments received,
except for travel pay.
12.5 Absence Without Official Leave (AWOL
Failure on the part of any employee, to report to duty at his/her regularly scheduled
starting time shall be considered absence without official leave and may be cause for
disciplinary action.
12.6 Bereavement Leave:
In the event of a death in the immediate family or a member of the household of an
employee, absence from duty shall not exceed three (3) work days. In the event of the
death of a relative not a member of the immediate family, absence from duty shall not
exceed one (1) day. Such absences shall not be charged to sick leave. In the event of
the death of a non -family member, an employee shall be allowed to use vacation or
CTO.
For the purposes of this section, "immediate family" means parent, step father, step
mother, spouse, domestic partner, child, step son, step daughter, sibling, grandparents,
mother-in-law, or father-in-law.
12.7 Family Medical Leave
The City will provide Family Medical Leave of up to twelve (12) weeks per twelve (12)
month period in accordance with the Family Medical Leave Act (FMLA) and
California Family Rights Act (CFRA) when serious illness of the employee or a
member of the employee's immediate family necessitates such absence. Family
Medical Leave will be administered in accordance with the City's Administrative
Procedure 4.25.1.
13. GRIEVANCE PROCEDURE
13.1 Definitions:
"Days" as used herein shall be days when the City Hall of the City of Burlingame is
open for business.
"Grievance" is a written allegation by a unit employee, submitted as herein specified,
claiming violation(s) of the specific express terms of this Agreement for which there is
no Civil Service or other specific method of review provided by City law.
"Grievant" is an individual employee or employee organization adversely affected by
any dispute over the interpretation or application of any provision of this Memorandum
of Understanding.
13.2 Steps:
Step 1: The grievant shall discuss the grievance with his/her immediate supervisor
within fifteen (15) days of actual or constructive knowledge of the existence of
the grievance. If the issue is not resolved, the grievant shall be entitled to
proceed to Step 2.
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Step 2: Within ten (10) days of the conclusion of the Step 1 meeting, the grievant shall
request a meeting with the division commander. If the issue is not resolved, the
grievant shall be entitled to proceed to Step 3.
StWithin ten (10) days of the conclusion of the Step 2 meeting, the grievant shall
file with the Police Chief a written grievance on the agreed upon form, which is
attached as "Appendix A," setting forth the following:
Name
Classification
Section or sections of the MOU allegedly violated
Remedy sought
Within ten (10) days of receipt of the written grievance, the Police Chief will
meet with the grievant and his/her representative to attempt to reach a
satisfactory resolution.
Step 4: If the grievance remains unresolved at Steps 1, 2, and 3, it may be appealed to
the City Manager within ten (10) days of the conclusion of the meeting
described in Step 4. Said appeal shall be in the form of a written request to
proceed to Step 4, along with the written grievance. The City Manager shall
respond to the grievance within ten (10) days of receipt of the written appeal.
The determination of the City Manager shall be final, except as provided in Step 5.
Step 5: (a) If not satisfied with the decision at Step 4, the grievant, within five (5) days
after receipt of the Step 4 response, may request in writing that the Union
submit the grievance to advisory arbitration. Within ten (10) days of the
grievants receipt of the decision at Step 4, the Union shall inform the City of its
intent as to whether or not the grievance will be arbitrated. Should the Union
deem that the grievance not be continued as a Union grievance, it shall so
inform the City within ten (10) days. This shall not preclude an individual
grievant from pursuing the arbitration procedure, as provided below.
(b) The Union or individual grievant, by written notice to the City Manager
within fifteen (15) days of the Step 4 response, may submit a grievance to an
arbitrator who shall be selected by mutual agreement. If no agreement can be
reached within five (5) days of the notice, the parties shall request of the State
Mediation Conciliation Service (SMCS) a list of five (5) names of persons
experienced in hearing grievances. Each party shall alternately strike a name
until only one name remains. The order of strike shall be determined by lot.
(c) In each dispute, the arbitrator shall, as soon as possible, hear evidence and
render a decision on the issue(s) submitted. If the parties cannot agree upon a
submission agreement, the arbitrator shall determine the issue(s) by referring to
the written grievance and the answers thereto at each step. After the hearing,
and after both parties have been given the opportunity to make written
arguments, the arbitrator shall submit, in writing, his/her findings and award to
the Union and the City.
(d) The award of the arbitrator shall be advisory to the City Manager.
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(e) The arbitrator will have no power to add to, subtract from, or modify the
terms of the Agreement or the written policies, rules, regulations and procedures
of the City; nor shall the arbitrator be empowered to render a decision on issues
not before the arbitrator or on facts not supported by the evidence.
(1) The fees and expenses of the arbitrator and each hearing shall be borne
equally by the City and the Union; or if an individual pursues arbitration
without the Union's consent, said individual shall share equally in the cost with
the City. All other expenses shall be borne by the party incurring them.
(g) If any question arises regarding the arbitrability of a grievance, the party
raising the question of arbitrability may, upon request, have such question first
ruled upon and decided by an arbitrator prior to any other hearing on the merits
of the grievance that would thereafter be conducted by a second and different
arbitrator. The selection of the arbitrator will be as described in section 13.2
step 5 (b) above. The fees and expenses of the separate arbitrator deciding the
issue or arbitrability shall be home by the party that raised the question of
arbitrability.
13.3 Failure to Pursue:
Any failure by a grievant to pursue his/her grievance to the next step within the time
limits shall be a voluntary abandonment of the grievance and the grievant shall not
thereafter be entitled to pursue said grievance. The grievance will be deemed settled.
Any failure by the City to respond within the time limits set forth shall entitle the
grievant to pursue his/her grievance to the next step.
By mutual written consent by both the City and grievant, an extension can be granted
for any step in the grievance process.
13.4 Representation:
A grievant shall be entitled to be represented by his/her Union and/or his/her attorney at
any grievance meeting or discussion described in any one (1) of the steps of the
grievance procedure; provided, however, in no event shall more than one (1) City
employee, in addition to the grievant, attend such grievance meetings as representative.
The limitations of this Section shall apply to employees on paid release time and not to
Union staff or witnesses who may be necessary to the grievance.
Neither the grievant nor his/her representative shall suffer loss of pay for attending the
meetings described in the steps of the grievance procedure.
Except for grievance meetings described in the steps of the grievance procedure, neither
grievant nor any representative of the grievant shall be entitled to use regular work time
to process the grievance.
13.5 Other Procedures:
The grievance procedure set forth herein shall supersede and replace any other
grievance or appeal procedures otherwise available to represented employees and are
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deemed sufficient to satisfy procedural due process requirements for such hearings
and/or appeals. Nothing contained herein to the grievance procedure shall apply to
employee disciplinary matters.
14. HEALTH AND WELFARE
14.1 Medical
14.1.1 Conversion to Flexible Benefits Plan
Under the Flexible Benefit Plan the City's monthly contribution to PERS to
provide health insurance benefits for the individual employee and the
employee's eligible dependents shall be One Hundred and Ninteen ($119.00)
per month effective January 1, 2014 and shall adjust in accordance with the
Minimum Employer Contribution (MEC) established by the Public Employees
Medical and Hospital Care Act.
In addition, the City shall offer an Internal Revenue Code Section 125 Plan
that contains the components of benefit allowance, premium conversion,
health care reimbursement account, and dependent care reimbursement
account.
The City shall contribute the below listed amounts per month towards the
employee's Section 125 Plan benefit allowance components. All amounts
listed below included the Minimum Employer Contribution (MEC).
Employee Only — Up to the Blue Shield HMO rate for employee only.
Employee plus one — Up to the Blue Shield rate for employee plus
one.
Employee plus two or more — Up to the Kaiser Family rate
An employee may use any such benefit allowance toward the cost of
employer-provided PERS Health insurance for the employee and eligible
dependents. An employee may not use the benefit allowance for other
reasons.
Any Employee that enrolls in a Medical Plan that has a higher premium than
the City's contribution, as stated above, will pay the difference via pre-tax
payroll deductions.
NO PLAN — Effective January 1, 2015, any Employee that demonstrates they
have medical insurance from another service will receive Three Hundred and
Fifty Dollars ($350) per month in lieu of Medical Benefits. The Three
Hundred and Fifty Dollars ($350) per month may be put into a Deferred
Compensation plan, Section 125 Plan, or taken in cash. Any cash payment is
subject to normal taxation.
14.1.2 Retiree Medical:
Retiree Medical for Employees Hired Prior to March 31, 2008
Effective December 1, 2015, employees hired prior to March 31, 2008, who
retire from the City, will receive a retiree medical benefit in accordance with
the following:
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For eligible retirees who are under the age of 65, the City contribution
will be equivalent to the premium for the Blue Shield Bay Area
Region Single, Blue Shield Bay Area Regional Two -Party, or Kaiser
Bay Area Regional Family coverage as applicable.
For eligible retirees who are 65 years of age or older and enrolled in
Medicare, the City contribution will be equivalent to the premium for
the average of Kaiser, Blue Shield HMO and PERS Choice for the
Bay Area Region Single, Two -Party, or Family Medicare coverage as
applicable.
The City will implement an Irrevocable Trust for all new
contributions towards the City's GASB 45 obligations.
Employees hired prior to the effective date of the 2.5% at 55 retirement
formula who retire with a minimum of five (5) years of service with the City
will receive a retiree medical benefit equivalent to the amount necessary for
actual enrollment in single, two-party, or family coverage, up to a maximum
dollar amount of the Kaiser family premium rate.
Employees hired on or after the effective date of the 2.5% at 55 retirement
formula will receive a retiree medical benefit based on years of service with
the City as follows:
• 0-9 years of service = minimum monthly amount as governed by the
Ca1PERS Health System.
• 10 years of service = an amount equal to 100% of employee only lowest
cost premium
• 15 years of service = an amount equal to 75% of employee + 1 lowest
cost premium
• 20 years of service = an amount equal to 100% of employee + 1 lowest
cost premium
Employees hired on or after August 15, 2011 shall receive the following
contributions to a Retirement Health Saving Account, based on years of
service with the City, in lieu of the Retiree Medical Benefits in Section 14.1.3
Retiree Medical.
Years of Service
Monthly Contribution
0- to the end of the 5th year of
service
0.0%
6 years of service to the end of
the 19th year of service
2.0% of the Police
Officer Classification
20 years of service or more
2.5% of the Police
Officer Classification
14.2 Dental:
Employees have the option to enroll in the City's dental reimbursement plan, Delta
Dental plan, or the Teamsters Health and Welfare plan for dental coverage.
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Effective January 1, 2007, the City's maximum contribution for the supplemental
benefit for Teamster Health and Welfare plan is one hundred sixty-six dollars and
seventy-one cents ($166.71) per month.
Effective January 1" of each year of the MOU, the City agrees to increase the monthly
supplemental benefit contribution by the change in the San Francisco -Oakland -San Jose
Consumer Price Index for Urban Wage Earners and Clerical Workers (from April I' of
the prior year to April 1" of the current year.)
14.3 Vision:
The Union will continue vision coverage under the City's self-insured vision
reimbursement plan.
14.4 Life bisurance
The City provides life insurance to the extent of $50,000 coverage for members of the
bargaining unit.
14.5 Deferred Compensation
Full time regular employees are eligible, subject to IRS regulations and the terms
and conditions thereof, to participate in the deferred compensation plans made
available to all city employees.
The City shall provide a matching contribution of up to Forty-five dollars ($45.00) per
pay period to an employee's deferred compensation account.
15. UNIFORM ALLOWANCE
Effective January 1, 2005, the City agrees to pay Eight Hundred and Fifty Dollars ($850)
annually per employee.
Uniform allowance will be paid on a separate paycheck.
For any employee who leaves prior to the end of the fiscal year in which he/she has received
such payment, the amount shall be prorated based on the percentage of the year worked, and
the final paycheck adjusted accordingly.
16. PROBATIONARY PERIOD
All original appointments shall be tentative and subject to a probationary period of twelve (12)
months of actual service from the date of appointment as a Dispatcher. Upon satisfactory
completion of such probationary period, employees shall be appointed as regular employees.
The City may extend the probationary period for an equal period of time in case of an absence
of thirty (30) days or more for extended sick or accident leave.
Employees may be suspended or separated from the City at any time during the probationary
period, except as otherwise provided by law.
All promotional appointments shall be tentative and subject to a probationary period of one (1)
year from date of appointment. Upon satisfactory completion of such probationary period,
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employees shall be appointed as regular employees.
Any regular employee rejected during the probationary period following a promotional
appointment, or prior to the conclusion of the probationary period, shall be reinstated to the
position from which they were promoted unless conditions warrant their dismissal.
17. LAYOFF AND RECALL
Regular employees may be laid off, without prejudice, due to lack of funds or curtailment of
work. No employee, however, may be separated while there are temporary employees serving
in the same class or position in the City service, unless that employee has been offered the
temporary work.
When the Police Chief is instructed by the City Manager to reduce the number of employees,
layoff shall be made in accordance with the following rules:
• Layoffs shall be according to reverse order of seniority as defined by total City service.
• An employee may demote or transfer to a vacant position for which he/she possesses the
necessary skills as determined by the minimum qualifications and job specifications for the
position.
The name of each employee laid off shall be entered on a Reemployment List in order of
seniority for two (2) years
Former employees appointed from a reemployment eligibility list shall be restored all rights
accrued prior to being laid off, such as sick leave, vacation credits, and credit for years of
service. However, such reemployed employees shall not be eligible for benefits for which they
received compensation at the time of or subsequent to the date they were laid off.
The City further agrees to meet and confer with the Union prior to said layoff concerning all
ramifications of the proposed layoff.
18. DEMOTION, SUSPENSION AND DISMISSAL OF PERMANENT EMPLOYEES
18.1 Demotion:
No regular employee shall be demoted in grade or pay step for disciplinary reasons
without just cause, and no employee shall be demoted to a position for which s/he does
not possess the minimum qualifications. Written notice of demotion shall be given by
the Police Chief to the employee before the effective date of the demotion. The
employee shall be entitled to appeal the action in accordance with Section 18.3 of this
Agreement.
18.2 Suspension Without Pay:
The Police Chief may suspend without pay an employee from her/his position at any
time for disciplinary purposes. Suspension without pay shall not exceed thirty (30)
calendar days without confirmation by the City Manager. Such suspension shall be in
accordance with applicable State and Federal laws. The employee shall be entitled to
appeal the action in accordance with Section 18.3 of this agreement.
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18.3 Discharge
A regular employee may be discharged for just cause. Such discharge shall be in
accordance with applicable State and Federal laws. The employee shall be entitled to
appeal the action in accordance with Section 18.3 of this agreement.
The Police Chief will issue a notice of Intended Discipline before suspending without
pay, demoting or discharging an employee. Such notice will advise the employee of
his/her due process rights to a "Skelly" hearing. At the employee's request, the Police
Chief will conduct such a "Skelly" hearing to consider any exonerating or mitigating
evidence.
Within five (5) business days upon receipt of the Notice of Imposition of Discipline,
the employee, by written notice to the Human Resources Director, may request an
appeal hearing be submitted to an ad hoc review board. Business days are defined as
days that City Hall is open to the public.
The ad hoc review board shall be selected as follows: The City shall select one
member, the employee shall select one member and the two members thus chosen will
select a third impartial member from a list supplied by the State Mediation Conciliation
Service (SMCS) who will serve as Chair of the Board.
SMCS will supply a list of five names of persons experienced in disciplinary hearings.
Each party shall alternately strike a name until one remains. The remaining panel
member shall be the third member of the ad hoc review board. The order of the striking
shall be determined by lot. The City will pay the fees of the panel Chair selected from SMCS.
The board shall, as soon as possible, hear and receive evidence and render a decision
on the disciplinary action. Such a hearing will not be open to the public and will be
recorded by a Court Reporter paid for by the City. The disciplinary action can be
upheld, modified, or rejected by the panel. The board's decision will be explained in
writing and any changes or modifications to the disciplinary action clearly explained.
The decision by the board is advisory to the City Manager. The City Manager can
adopt the proposed decision in its entirety; reject the proposed decision; refer the
case back to the panel to take additional evidence and then render a decision; or
modify the decision.
19. PERSONNEL FILES
Each employee shall have the right to inspect and review any record relating to his/her
performance as an employee or to a grievance concerning the employee that is kept or
maintained by the City in his/her personnel file. The contents of such records shall be made
available to the employee for inspection and review at reasonable time during the regular
business hours of the City.
An employee shall receive a copy of any written reprimand or warning prior to it being placed
in the employee's personnel file
The City shall provide an opportunity for the employee to respond in writing, to any
information about which he/she disagrees. Such response shall become a permanent part of the
employee's personnel record. The employee shall be responsible for providing any written
Burlingame/1,856 MOU 2013-2015
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response to be included as part of his/her permanent personnel record. No information shall be
placed in a personnel file without the knowledge of the employee, and preferably should only
be placed in the file along with the employee's signature and date.
20. EXPENSE REIMBURSEMENT FOR CITY BUSINESS
If prior approval has been obtained from the City, personal expenses incurred shall be
reimbursed. These reimbursements shall be based on the most economical means of travel but
if use of a personal auto is authorized, payment shall be at the same rate established by the IRS.
Upon prior department head authorization, the cost of food at meetings shall be reimbursed. If
required to stay overnight or nights, the City shall reimburse the employee for all lodging and
necessary expenses.
21. SENIORITY
Seniority begins on the first day of regular employment with the City of Burlingame. Seniority
will be used to determine shift bid assignments, overtime coverage, days off and vacations.
If an employee is rehired after separating service for more than six (6) months, the prior
employment shall not be attributed for seniority purposes for shift bidding, overtime coverage,
and time off scheduling. The rehired employee's seniority date for shift bidding, overtime
coverage and time off scheduling will be the date of rehire.
22. RESIGNATION
In order to leave the Department in good standing, an employee shall file with the Police Chief
a written resignation. The written resignation must be submitted within two (2) weeks of
separation and shall state the effective date and reasons for leaving. Once the resignation has
been accepted in writing by the Police Chief, it shall be irrevocable.
23. REHIRE PROCEDURE
Within a period of two (2) years of the effective date of his or her resignation, an employee
who resigns in good standing may be reinstated by the City Manager upon recommendation
by the Police Chief to a vacant position in the same classification as the position from which
the person resigned.
The Police Chief will have a background check conducted to determine the fitness of the
former employee for rehiring. The former employee will also submit to a physical
examination and a psychological evaluation to determine fitness for duty.
If the Police Chief is satisfied with the results of the background check and the employee
passes the physical examination and psychological evaluation, the Police Chief will forward
the request for reinstatement to the City Manager for approval. If the former employee is
rehired, the employee shall be placed at the same salary step as the employee held when the
employee resigned.
As a condition of rehiring, the former employee will be required to undergo the training
determined by the Chief of Police to be commensurate with the former employee's length of
absence from City employment.
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Any former employee who left employment more than six (6) months before being rehired
shall serve a probationary period of one (1) years as a condition of being rehired.
Upon successful completion of the probationary period, the employee's vacation and sick
leave accrual rate on the effective date of resignation plus the period of the probationary
period shall be reinstated. Upon successful completion of the probationary period, the
employee's sick leave balance as of the effective date of resignation shall be reinstated,
unless the employee received a payout of sick leave.
No departmental seniority for prior employment shall be attributed to any former employee
rehired unless the employee is rehired within six (6) months of the effective date of the
former employee's resignation.
24. RETIREMENT
The City agrees to continue to maintain a contract with the Public Employees' Retirement
System (CalPERS) to provide:
Government Code Section 20042 — One Year Final Compensation
Government Code Section 21573 —Third level 1959 Survivor Benefits
Government Code Section 21624 — Post Retirement Survivor Allowance
Government Code Section 21024 — Military Buy Back for Credible Service
Government Code Section 20965 — Credit for Unused Sick Leave.
Government Code Section 21548 — Pre -Retirement Optional Settlement 2 Death Benefit
Effective 03/31/08, the City will implement the 2.5% at 55 retirement formula for
miscellaneous employees.
The City shall provide the deferral of retirement deductions by IRS 414(h) (2).
Effective the first payroll in January 2013 employees shall pay 1.0 % of the City's
contribution for the CalPERS retirement costs.
Effective the first payroll after the POA agrees to additional employee PERS payments of at
least 0.5% above the current 9.0% employee contribution, but no later than January 1, 2014,
then the employees in the bargaining unit represented by Teamsters Local 856 shall increase
their employee contribution to PERS by another 0.5% (for a total of 9.5%).
All increases in the Employer's contribution will be bome by the City.
25. SPECIAL PROVISIONS
Annual evaluations will be in accordance with Department Manual Section 1-790.
26. CONCERTED ACTIVITIES
It is agreed and understood that there will be no strike, work stoppage, slow down or refusal
to perform job functions during the term of this Agreement.
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27. NO LOCKOUT
The City agrees not to engage in any lockout during the term of this Agreement
28. RIGHTS
28.1 City Rights
The City hereby retains and reserves unto itself, without limitation, all powers, rights,
authority, duties and responsibilities conferred upon and vested in it by the Constitution
of the United States, the Constitution of California, the laws of the United States, the
laws of California, and the ordinances and resolutions of the City of Burlingame and
shall be limited only by the express and specific terms of the Memorandum.
28.2 Employee Rights
Nothing contained in this memorandum of understanding shall prohibit the Union from
meeting and conferring on matters within the scope of representation as provided by
law. The City acknowledges the employees and the Union retain the all rights under
Section 3500 et. seq, of the California labor Code.
29. EFFECT OF AGREEMENT
This Memorandum of Understanding shall supersede any prior Memoranda of
Understanding, rules, regulations or ordinances in direct conflict with the provisions hereof.
30. MODIFICATION
There will be no alteration or modification of any provision contained in this Memorandum
without the written consent of all parties hereto.
31. TOTAL AGREEMENT
This Memorandum of Understanding constitutes a full and complete agreement by the
parties and contains all of the matters upon which the parties reached agreement. Any
matter not contained in this Memorandum has not been agreed upon and, if raised in
negotiations, was dropped by the party raising it as part of a good faith attempt to reach
agreement.
32. SEPARABILITY OF PROVISIONS
Should any section, clauses or provision of this Memorandum of Understanding be declared
illegal by final judgment of a court of competent jurisdiction, such invalidation of such section,
clause or provision shall not invalidate the remaining portions hereof, and such remaining
portions shall remain in full force and effect for the duration of this Memorandum of
Understanding. In the event of such invalidation, the parties agree to meet and confer
concerning substitute provisions for provisions rendered or declared illegal.
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33. TERM
The term of this agreement shall begin on January 1, 2014 and expire on December 31, 2015.
TEAMSTERS LOCAL 856:
Date: �\Ia/tg
CITY OF BURLINGAME:
Date:
Leslie Loomis, Human
Resources Director
Peter Firm, Local 856 Secretary/Treasurer Glenn Berkheimer, IEDA
Lisa Goldman, City Manager
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Appendix A
Grievance Form
CITY OF BURLINGAME
POLICE DEPARTMENT GRIEVANCE FORM
DEFINITION:
A grievance is defined section 13.1 in the current Memorandum of Understanding (MOU).
Please check this definition before filing a grievance. A "working day" is defined as days when
the City Hall of the City of Burlingame is open for business.
1. Employee Name:
2. Date filed with Supervisor:
3. Date filed with Union:
4. Department:
5. Specific clause(s) of the agreement allegedly violated:
Specific clauses:
6. Statement of Grievance:
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,, I
Remedy requested under this agreement:
8. Are you being represented by another person or the Union on this matter?
Yes
If applicable, name of representative:
9. Grievant's signature:
Cc: Human Resources Director
No
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