HomeMy WebLinkAbout2010/02/23 Item 4
CITY COUNCIL
AGENDA STATEMENT
~\~ CllY OF
-r - CHULA VISTA
February 23, 2010, Item 'if
ITEM TITLE:
RESOLUTION APPROVING THE
MEMORANDUM OF UNDERSTANDING
CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE
CITY OF CHULA VISTA AND THE CHULA VISTA
MID MANAGERSIPROFESSIONAL ASSOCIATION
FOR JANUARY 1,2010 - JUNE 30, 2012
DIRECTOR OF ~N RESOURCES ~~
CITY MANAGE
ASSISTANT CITY! NAGER"">--r-
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE:
YES D NO ~
SUMMARY
This is the first memorandum of understanding (MOU) between the City and the recently
organized Chula Vista Mid ManagerslProfessional Association (CVMMlPROF A). The
MOU details specific provisions pertaining to wages, benefits, terms and conditions of
employment for unit members. During the negotiating process the Council approved in
closed session the terms and conditions contained therein. The MOU has been ratified by
CVMMlPROFA's membership and Council's formal approval is now required.
ENVIRONMENTAL REVIEW
Not Applicable.
RECOMMENDATION
It is recommended that Council adopt the Resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
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February 16,2010, Item 4-
Page 2 of 3
DISCUSSION
In June 2007, Council approved the results of the Middle Management classification
study. One of the study's findings was the need to separate the Middle Managers into
two distinct groups, Middle Managers and Professionals. Council approved this in June
2008.
These previously unrepresented employees, organized and associated with SEIU
International as their exclusive bargaining agent becoming SEIU 221. The City entered
into negotiations with CVMM!PROF A pursuant to the Meyers Milias Brown Act.
Agreement was reached on several issues and on December 14, 2009, the Association
approved the attached MOD by a vote of 40 to I. The major provisions agreed upon
were: I) Allowing members with qualifying group health insurance coverage outside of
the City to "Opt Out" of City coverage having their cafeteria plan allotment reduced by
an amount equal to one-half of the employee only premium for the Kaiser plan with the
ability to use the remaining funds for other qualified cafeteria plan benefits; 2) members
may sell back an additional 40 hours of vacation per fiscal year; 3) members will receive
an additional 8 hours of management leave per fiscal year.
Being the first MOD, there are still some issues that were not resolved during the meet
and confer process. These issues include cafeteria plan allotments, compensation
increases for 2010 and 2011, and cessation of the mandatory furlough. The MOD
contains a provision to reopen discussion on these issues in 2010.
CVMM!PROF A membership also voted to be an Agency Shop, an establishmynt in
which a union represents all employees regardless of union membership but requires that
non-members pay union dues or fees. The Agency Shop vote required a simple majority
of those voting. The vote was 31 in favor to 10 opposed.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations g18704.2 does not apply.
CURRENT YEAR FISCAL IMPACT
The net fiscal year impact for this year is estimated to be $38,200. The City will save
$6,800 this fiscal year in reduced cafeteria plan allotments for those members "opting
out" of City health coverage. It is estimated that the cost of allowing members to sell
back vacation could be up to $45,000, depending upon how many actually take advantage
of this option. The cost of the additional management leave is a soft cost and is estimated
to be $39,000 in lost productivity.
ONGOING FISCAL IMP ACT
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February 16,2010, Item 4-
Page 3 of3
Based on the current opt-out emollment, it is estimated that the on-going net fiscal year
cost will be $31,400.
ATTACHL'\1ENTS
Memorandum of Understanding Between City Of Chula Vista and Chula Vista Mid
Managers/Professional Association January 1,2010 -June 30, 2012
Prepared by: Teri A Enos, Human Resources
4-3
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER
TERNIS AND CONDITIONS OF EMPLOYMENT BETWEEN
THE CITY OF CHULA VISTA AND THE CHULA VISTA MID
MANAGERS/PROFESSIONAL ASSOCIATION FOR
JANUARY I, 20lO-JUNE 30, 2012
WHEREAS, in June 2007, Council approved the results of the Middle Management
classification study; and
WHEREAS, one of the classification study's findings was the need to separate the
Middle Managers into two distinct groups, Middle Managers and Professionals; and
WHEREAS, Council approved this in June 2008; and
WHEREAS, these previously umepresentative employees organized and associated with
SEIU International as their exclusive bargaining agent becoming SEIU 221; and
WHEREAS, the City entered into negotiations with CYMM/PROFA pursuant to the
Meyers-Milias-Brown Act, as found in Go\'ernment Code section 3500 Et seq.; and
WHEREAS, agreement was reached on several issues and on December 14, 2009,
CVMM/PROF A membership approved an MOU by a vote of 40 to I; and
WHEREAS, the major provisions agreed upon were: I) allowing members with qualifying
group health insurance coverage outside of the City to "Opt Out" of. City coverage having their
cafeteria plan allotment reduced by an amount equal to one-half of the employee only premium for
the Kaiser plan with the ability to use the remaining funds for other qualified cafeteria plan benetits;
2) members may sell back an additional 40 hours of vacation per fiscal year; 3) members will receive
an additional 8 hours of management leave per fiscal year; and
WHEREAS, being the first MOU, there were still some issues that were not resolved during
the meet and confer process, including cafeteria plan allotments, compensation increases for 20 I 0
and 20 II, and cessation of the mandatory nrrlough; and
and
WHEREAS, the MOU contains a provision to reopen discussion on these issues in 2010;
WHEREAS, CVMM/PROF A membership also voted to be an Agency Shop, an
establishment in which a union represents all employees within specified classifications
regardless of union membership but requires that non-members pay union dues or fees; and
'vVHEREAS, the Agency Shop vote required a simple majority of those voting, in which
the vote was 31 in favor to 10 opposed.
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Resolution No. 2009-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Memorandum of Understanding attached as Exhibit A,
concerning wages and other terms and conditions of employment between the City of Chula
Vista and the Chula Vista Mid ManagerslProfessional Association for January 1, 20l0-June 30,
2012.
Presented by
Approved as to form by
~AJttj{~4fli~ ~()
Kel1ey acon -......
Director of Human Resources
/~~ ~.4(
Bart C. Miesfeld
City Attorney
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE
~ //f'
Bart C. Miesfeld
City Attorney
Dated: J- /O-ID
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND
CHULA VISTA MID MANAGERS/PROFESSIONAL ASSOCIATION
FY JAUARY I, 20 1 O-JUNE 30, 2012
4-6
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CllY OF
(HUlA VISTA
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF CHULA VISTA
AND
CHULA VISTA
MID MANAGERSIPROFESSTONAL ASSOCIATION
FY January 1, 2010 - June 30, 2012
ATTACHMENT A
4-7
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERLvIS
AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND
THE CHULA VISTA MID ivlANAGERS I PROFESSIONAL ASSOCIAT[ON FOR F[SCAL
YEARS January [,2010 - June 30, 2012.
TABLE OF CONTENTS
SECTION I
ARTICLE 1.0[
ARTICLE 1.02
ARTICLE 1.03
ARTICLE 1.04
ARTICLE 1.05
ART[CLE 1.06
ART[CLE 1.07
ART[CLE 1.09
ARTICLE !.lO
ADlVIINISTRA TION ................................... .................................................... 3
PREAMB LE............. ........... .......................... .......................................... .......... 3
RECOGNITION................... ......... ............... ..... ....... ............... ......... ... ...... ... ... ....3
CITY Rl GHTS ............... ............................ .............. .............. .............................4
CVMMIPRO FA R[GHTS.... ........................ .............................. .................. .......5
LABOR-rvIANAGEMENT COOPERATION .................................................... 6
TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING 6
MOU REVIS[ONS.................... .......... ..... ............... ................... .... ........ ............. 7
RETENTION 0 F BENEF[TS......................... ...... ............. ..... ... .... ...... ........ ....... 8
SAVINGS CLAUSE ...........................................................................................8
SECTION II COlVIPENSA TI ON.... .......... ..... ................. .... .......... ................. ........ .... ......... .... 8
SUBSECTION A. WAGES ......................................................:................................................8
ARTICLE 2.0 [ WAGES.. .............................. ..... ....... ................. ....... .................. ... ...... ................ 8
ARTICLE 2.02 ACTING PA Y .....................................................................................................9
AR T[CLE 2.03 OUT-OF-CLASS ASS[GNMENT......................................................................9
ARTICLE 2.04 SPECIAL PROJECT PA Y..................................................................................9
ART[CLE 2.05 BILINGUAL PAY ............................................................................................ 10
ARTICLE 2.06 1vIILEAGE RE[MBURSEMENT..............................................:.......................10
ARTICLE 2.07 SAFETY EQUIP1vlENT, PROTECTIVE CLOTHING, & TOOL ALLOWANCE... 10
ART[CLE 2.08 PROFESSIONAL ENRICHMENT ..................................................................10
SECTION II COMPENSATION ......................................................,..................................1 [
SUBSECTION B BENEFITS .................................................................................................11
ART[CLE 2.09 EMPLOYEE BENEF[TS.................................................................................. II
ARTICLE 2.10 GROUP TERM LIFE INSURANCE................................................................ 14
ART[CLE 2.[ 1 RETIREMENT..................................................................................................14
ARTICLE 2.[2 DEFERRED COMPENSATION...................................................................... IS.
SECTION III HOURS.......... ...... ...... ........................ ......... ............ ......... ....... ........ .................. 15
ARTICLE 3.01 WORK PER[OD ...............................................................................................15
AR T[CLE 3.02 VACATION ...................................................................................................... 15
ART[CLE 3.03 SICK LEA VE.................................................................................................... 16
ARTICLE 3.04 BEREAVEMENT LEAVE ............................................................................... 18
ARTICLE 3.05 HOLIDAYS ..................................................................................................... 19
ARTICLE 3.06 JURY DUTY .....................................................................................................20
ARTICLE 3.07 COURT LEA VE ............................................................................................... 21
MM/PROFA MOU 07/01/10.. 06/30/12
Page 1
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ARTICLE 3.08 JOB SHARING .................................................................................................21
ARTICLE 3.09 WORK FURLOUGH ........................................................................................ 22
ARTICLE 3.10 LEAVES OF ABSENCE MILlT ARY LEAVE ............................................... 22
SECTION IV WORKING CONDITIONS ..........................................................................22
ARTfCLE 4.01 PROHIBITED PRACTICES............................................................................. 22
ARTICLE 4.02 CLASSIFICA TfON STUDIES ......................................................................... 23
ARTICLE 4.03 FITNESS FOR DUTy..................................................................................... 23
ARTfCLE 4.04 SUBSTANCE ABUSE POLlCY ...................................................................... 23
ARTfCLE 4.05 MODIFIED DUTY ........................................................................................... 24
ARTICLE 4.06 DIRECT DEPOSIT ........................................................................................... 24
ARTICLE 4.07 GRlEV ANCE PROCEDURE ........................................................................... 24
Appendix A................................................................................. .............. ....3 I
Appendix B................................................................................................ .32
MMIPROFA MOU 07/01/10 - 06/30/12
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4-9
SECTION I
ADMINISTRA nON
ARTICLE 1.01
PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista (City)
and the Chula Vista Mid Managers I Professional Association (CVMM/PROFA) as a result of
meeting and conferring in good faith concerning the wages, hours and other tenns and conditions
of employment, pursuant to the Employer-Employee Relations Policy of the City ofChula Vista
and the California Government Code Section 3500 et. seq., known as the Meyers-Milias-Brown
Act.
ARTICLE 1.02
RECOGNITION
The City recognizes CVMM/PROFA as the exclusive representative for employees III
Classifications listed in Appendix A and Appendix B.
Union Security
The Union and the City agree to the holding of an agency shop vote. The vote will be conducted
simultaneously with the ratification to approve the provision of this MOU between the city and
the Union. The election will be held by a neutral third party agreeable to both the city and the
Union. The union will be responsible for notifying eligible bargaining unit members of the
agency shop election, and will do so in conjunction with the notification of the ratification vote.
The city and the' union will review and agree to a list of eligible bargaining unit members and
this eligibility list will be provided to the neutral third party to use during the election. The
Union will provide all balloting materials including ballots and ballot boxes. The Union and the
City will each be allowed two representatives to be present during the voting and counting of the
ballots. The certification of the election will be done by the neutral third party. The outcome of
the election will be determined by a majority of those ballots cast. A majority will be considered
50% plus one of ballots cast. If the bargaining unit votes to implement agency shop then the
following provisions will become an enforceable article in the MOU between the City and the
Union.
Dues and Service Fees. Each employee covered by this Agreement shall, as a condition of
continued employment at the City, within thirty (30) days of effective date of this Agreement or
within thirty (30) days of first employment in a CVMMJPROF A position, execute the
appropriate documents, which shall be provided by the City, in order to comply with one of the
following:
a. Union Membership. Become and remain a member of the Union in good standing, or
b. Service Fee Payer. Commence and continue to tender a service fee calculated by the
Union. This service fee will be equivalent of a prorata allocation of the cost of collective
bargaining (i.e. agency fee) with the Employer. The employee's pro rata allocation of
MMIPROFA MOU 07101110 - 06130112
Page 3
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collective bargaining costs with the Employer shall be calculated in compliance with all
applicable laws.
c. Religious Exemption. Notwithstanding the above, any employee who is a member of and
adheres to established and traditional tenets or teachings of a bona fide religious body or
sect, which has historically held conscientious objections to joining or financially
supporting labor organizations, shall not be required to join or financially support the
Union. Such employee is, however, required to pay sums equal to the charitable fund
exempt form taxation under Section 501 (c)(3) of Title 36 of the Internal Revenue Code.
d. Maintenance of Membership. Any employee of the City covered under this agreement
shall, as a condition of continued employment, maintain his or her membership for the
duration of this agreement.
e. Open Period. Notwithstanding any other provision of this Agreement, during the five (5)
day period which constitutes the first full workweek of March of each year of the
Agreement, any person may eliminate his/her obligation to the Union under subsection 1
or subsection 2 above by providing written notice of such intentions to the Finance
division with a copy to the Union.
ARTICLE 1.03
CITY RIGHTS
The CVMM/PROFA agrees that the City has the right to unilaterally make decisions on all
subjects that are outside the scope of bargaining.
The exclusive rights of the City shall include, but not be limited to:
A. Establish, plan for, and direct the work force toward the organizational goals
of the city government.
B. Determine the organization, and the merits, necessity, and level of activity or
service provided to the public.
C. Determine the city budget.
D. Establish, regulate, and administer a merit or civil service system which
provides for all types of personnel transactions, including, but not limited to,
determining the procedures and standards for the hiring, promotion, transfer,
assignment, layoff, retention, and classification of positions in accordance
with the City Charter, Civil Service Rules, and established personnel
practices.
E. Discipline or discharge employees for proper cause.
MM/PROFA MOU 07/01110 - 06/30/12
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F. Determine the methods, means, numbers, and kinds of personnel, and the job
or position content required to accomplish the objectives and goals of the
City.
G. Subcontract out various services currently perfonned by City work force when
such actions will result in cost savings to the City.
H. Effect a reduction in authorized positions.
!. Take actions necessary to carry out the mission of the City in emergencies and
in other situations of unusual or temporary circumstances.
J. Continue to exercise efficient and productive management practices consistent
with federal and state laws and in compliance with the City Charter and City
ordinances.
Terms and conditions set forth in this MOU represent the full and complete understanding
between the parties. During the term of this MOU, the CVMMlPROF A expressly waives the
right to meet and confer with respect to any subject covered in this MOU, unless modified
through the voluntary, mutual consent of the parties in a written amendment. This MOU
terminates and supersedes those partial practices, agreements, procedures, traditions, and rules or
regulations inconsistent with any matters covered in the MOU. The parties agree that during the
negotiations that culminated in this MOU, each party enjoyed the opportunity to make demands
and proposals or counter-proposals with respect to any matter, even though some matters were
proposed and later withdrawn, and that the understandings. and agreements arrived at after the
exercise of that right and opportunity are executed in this MOU.
The City's exercise of its management rights is not subject to challenge through the grievance
procedure or in any other forum, except where otherwise in conflict with a specific term of this
MOU, or when the exercised right involves a matter that is a mandatory subject of bargaining..
ARTICLE 1.04
CViYIiVVPROFA RIGHTS
I. Authorized representatives of the CVMM/PROF A shall be allowed reasonable access to
unit employees during working hours for the purpose of consulting regarding the
employer-employee relationship, provided that the work operation and service to the
public are not impaired and the authorized representatives shall have given advance
notice to, and been granted authorization by, the Appointing Authority or his or her
designee when contacting unit employees during the duty period of the employees. The
Appointing Authority or his or her designee shall determine the appropriate time for such
access.
MM/PROFA MOU 07/01/10 - 06/30/12
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A. CVMM/PROFA may designate up to four (4) representatives (in addition to the
President and Vice-President) who will be allowed reasonable access to unit
employees.
11. The CYMMlPROF A may be granted use of City facilities by the appropriate Appointing
Authority for meetings composed of unit employees, provided such meetings are held
outside regularly scheduled working hours for the group which is meeting, and provided
space can be made available without interfering with the City needs.
1II. A reasonable amount of space shall be provided to CVMM/PROFA on City bulletin
boards for legitimate CYMlvVPROF A communications with members. The
CVMMlPROFA shall be responsible for maintaining the space provided in an orderly
condition and shall promptly remove outdated materials. Copies of such communications
shall be furnished to the Director of Human Resources for review prior to posting.
IV The City shall bill CYMMlPROFA $0.10 per member per pay period for the full costs
incurred for dues deduction on behalfofCYMM/PROFA.
V. CVMM/PROFA shall be provided, upon request, such literature and public documents as
may be necessary (i.e., City budget, Civil Service Commission meetings, open Council
conferences, etc) when the requested documents are not available on the City's intranet or
internet.
ARTICLE 1.05
LABOR-MAl'<AGEMENT COOPERATION
The parties agree that during the term of this MOU, they will continue to participate in efforts to
contain health care costs. The City and CVMM/PROF A agree that they will continue to have
open discussions on matters of concern to the parties during the term of this MOU.
The parties agree to develop policies to be included in the City.of Chula Vista Policy and
Procedures manual and included in this MOU by reference, in regard to an internal appeal
process of application of all policy and procedures.
The parties agree meet and develop mutually acceptable language on a policy for the application
of FLSA exempt status in relation to use of accumulated sick and vacation leave.
ARTICLE 1.06
TERM AND EFFECT OF THIS MEMORANDUM OF
UNDERSTANDING
1. This MOU shall remain in full force and effect from January 1, 2009 through June 30,
2012 (the date closest to June 30 that is the end of a pay period) and it is understood and
agreed that the terms, conditions, wages, and all provisions oflhis MOU shall continue in
MM/PROFA MOU 07/01/10 - 06/30/12
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effect until a new MOU is negotiated and subsequently ratified by the CVNltvl/PROFA
and adopted by the City Council.
If either party proposes to modify or terminate any of the terms or conditions set forth in
this MOU for inclusion or exclusion in a subsequent MOU, they must notify the other
party in writing no later than March 1,2012. CVNIMlPROFA will endeavor to submit
written proposals to the City by March 30, 2012. City agrees that if written proposals are
received from CVMM/PROFA by March 30, 2012, City will be prepared to commence
negotiations on those proposals by April 15, 2012.
II. The provisions of this MOU shall be subject to federal, state, and local law.
Ill. If at any time during the term of this MOU, through causes beyond the control of the
City, the City does not have a sufficient amount of anticipated budgeted revenues or is
required to make substantial unanticipated expenditures, then, in such event, the City may
re-negotiate this MOU and meet and confer on wages, hours and other terms and
conditions of employment. This section, however, in no way affects the existing right of
the City to layotf employees.
IV. The CVMM/PROF and the City have been in the process of meeting and conferring on
the CVMMlPROF first MOU with the City. However, some issues remain unresolved in
the meet and confer process such as the City's Cafeteria Plan allotment, compensation
increases for 2010 and 2011 and the mandatory furlough.
V. Accordingly, CVMM/PROF and the City agree that in January 2010, a reopener on issues
involving. increases to the cafeteria plan, compensation increases, and mandatory work
furlough will be initiated. This reopener will be subject to all rights and remedies
including impasse procedures.
ARTICLE 1.07
MOU REVISIONS
The City and CVMM/PROFA agree that during the term of the MOU they will continue to meet
and confer on changes to the format and language of the MOU if necessary. The purpose of the
proposed changes is to reconcile the MOU with the Civil Service Rules, the Employer/Employee
Relations Policy, and other City policies and procedures, and to insure the language of the MOU
.accurately reflects City practice.
Any proposed changes to the MOU that involve monetary issues will be deferred to meet and
confer in 2010 as part of the reopener. Additionally, tl1is language will not prohibit the
CVMM/PROFA from requesting that the City meet and confer on monetary issues where
manifest inequities have arisen.
MM/PROFA MOU 07/01/10 - 06/30/12
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ARTICLE 1.09
RETENTION OF BENEFITS
The represented employees covered by this MOU shall retain all benefits provided in this MOU
for the full term of this MOU and for any such additional period of time as provided in Section
1.06. Benefits, rights, or privileges not specifically covered by this MOU, but subject to the
Meyers-Milias-Brown Act, may be acted upon by the City without mutual consent after meeting
and conferring with CVMMlPROF A.
ARTICLE 1.10
SAVINGS CLAUSE
If any article or section of this MOU is held to be invalid by operation of law or by any court of
competent jurisdiction, or if compliance with, or enforcement of, any article or section is
restrained by such court, the remainder of this MOU shall not be affected by such action. The
parties shall if possible meet and confer or meet and consult as the case may be for the purpose
of arriving at a mutually satisfactory replacement for any article or section invalidated by
operation oflaw.
SECTION II COMPENSATION
SUBSECTION A. WAGES
ARTICLE 2.01 WAGES
I. CVMMlPROFA represented employees are FLSA-exempt.
It. Salary Increases - Base wages (i.e. the salaries for Steps A-E) shall increase as follows at
the beginning of the pay period, which includes January I". The City shall continue to
pay 8% toward the employee's portion of the PERS contribution for classifications
represented by CVMM/PROFA.
1. FY 2010
2. FY 2011
00/0*
00/0*
. Subject to reopener in January 2010 (see Article 1.06, Paragraph IV and
V)
HI. Merit (Step) Increases will be made according to the formula set forth in the Civil Service
rules currently in effect at the time the Merit Increase is due.
All represented classifications shall be subject to a five (5)-step salary range. The normal
hire rate shall be Step "A" provided, however, that an exceptionally well-qualified
candidate may be hired beyond Step "A" within the established range based upon the
MM/PROFA MOU 07/01/10 - 06/30/12
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recommendation of the Appointing Authority and the Director of Human Resources and
with approval by the City Manager.
IV. EtTective Dates - All other payroll and wage changes, such as regular merit increases,
shall be made effective at the beginning of the regular biweekly payroll period closest to
the employee's actual anniversary date as a benefited employee in his or her current
position.
V. Rate of Pay Following Promotion - When a represented employee is promoted, the new
rate of pay will be the lowest step in the new salary range which will result in the
employee receiving at least 5% more than the actual base rate in the former classification.
ARTICLE 2.02
ACTING PAY
CVM!vl/PROFA employces may receive acting pay when they are temporarily assigned to a
vacant position to perform the duties ofa higher paid classification. Acting pay shall be approved
by the City Manager or his or her designee prior to the assignment. The assignment shall be for a
period of more than ] 0 consecutive work days, and the employee may be compensated with a
minimum of 5 percent above current salary rate, up to a maximum of 20 percent, effective the
next full pay period following the commencement ofthe assignment.
ARTICLE 2.03
OUT-OF-CLASS ASSIGNMENT
I. When an employee is assigned to perform the duties of a higher paid classification for a
period of more than 10 consecutive workdays, the assignment must be approved in
advance by the City Manager or his or her designee and the employee may be
compensated with a minimum of 5 percent above current salary rate up to a maximum of
20 percent, effective the next full pay period.
II. The duration of out-of-class assignments shall not exceed twelve months.
NOTE:For clarification, Out-of-Class Assignment is differentiated from Acting Pay in
that Out-of~CIass Assignments are granted to an employee remaining in their current
classification, but performing higher-l eve] duties even though no vacancy may exist at
the higher level. Acting Pay is granted to employees assuming the duties of a vacant,
higher level position for a period of time.
ARTICLE 2.04
SPECIAL PRO.mCT PAY
CVMM/PROFA represented employees may be eligible to receive a maximum of ]0% above
their normal base pay when assigned by the City Manager to a special project.
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ARTICLE 2.05
BILINGUAL PAY
Those employees who are regularly required to use their bilingual skills in the performance of
their duties, upon the recommendation of the Appointing Authority and approval of the Director
of Human Resources, and successful completion of a Bilingual Performance Examination will
receive $100 per month in addition to their regular pay. Employees who wish to continue
receiving bilingual pay must successfully complete a Bilingual Performance Examination once
every three (3) years.
ARTICLE 2.06
MILEAGE REIMBURSEMENT
Employees shall be subject to the City's Mileage Reimbursement Program when required to use
their personal vehicle for authorized City business. The reimbursement rate will be equal to the
current ma"l:imum IRS rate.
ARTICLE 2.07
SAFETY EQUIPMENT, PROTECTIVE CLOTHING, AND TOOL
ALLOWANCE
CYMMlPROF, upon recommendation of their Department Head, shall receive $150 towards the
purchase of safety shoes.
ARTICLE 2.08
PROFESSIONAL ENRICHMENT
Employees represented by CYMMlPROFA are eligible to participate in the City's Professional
Enrichment Program. The annual Professional Enrichment Fund allotment for CYMM/PROF A
employees is $32,500. An employee is eligible to receive up to $1,000 per fiscal year for
professional enrichment. Funds may be used at any time during the fiscal year. Fiscal year
reimbursements under the City's "Professional Enrichment" will be closed the second Thursday
in June. Employees may request reimbursement for professional enrichment expenses in
accordance with Internal Revenue Code Section 132, or any other applicable state and federal
law. Employees must receive approval from their Appointing Authority and the City Manager's
designee before funds may be claimed for reimbursement. Reimbursements are on a first come,
first serve basis until the funds have been exhausted.
CYMMPROFA and City may by mutual agreement use up to one-half of these funds for agreed
upon classroom training, organization development, or team building.
MM/PROFA MOU 07/01/10 - 06/30/12
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SECTION II COlYIPENSA TION
SUBSECTION B
BENEFITS
ARTICLE 2.09
EMPLOYEE BENEFITS
Employees are eligible for benefits if employed:
A. directly by the City ofChula Vista and
B. working in a half time (40-hours) or more position in an 80-hour biweekly pay
period.
I. Cafeteria Plan
The City will provide to each represented employee a Cafeteria Plan allotment to
purchase benefits qualified under Section 125 of the lntemal Revenue Code. The Plan
Document containing the specific provisions of the Plan will be adopted by the City
Council on an annual basis. The plan document will incorporate by reference the
provisions of this article.
A. Enrollment
Newly eligible employees (new hires or those changing from an ineligible to an eligible
position) will be covered under the City's Cafeteria Benefits Plan effective their date of
hire in that eligible position. All of the Cafeteria Benefits are effective tram the
. employee's date of hire except the Dental Plans which are effective the first of the month
following the employee's date of hire in an eligible position. Employees who .fail to
submit required benefit election forms within 30 days of their date of eligibility will
automatically be enrolled in the Employee Only category of the lowest cost City
sponsored health plan available with the remaining balance of the Cafeteria Benefits Plan
allotment being placed in the taxable cash option. Employees who fail to submit required
benefit election forms during Open Enrollment will be enrolled in their same health plan
with all other elections being cancelled and the balance of their flex allotment being
placed in the taxable cash option.
B: Cafeteria Plan Allotment
CVMivllPROFA represented employees shall receive a Cafeteria Plan llotment of
$11,382, effective calendar year 20 I 0, to purchase eligible benefits. Eligible part-time
benefited employees will receive an allotment in the proportion that such part-time
employment bears to fiill-time employment.
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To maintain relative buying power to purchase health benefits from the Cafeteria Plan
allotment, annually, thereafter, the City will share the average cost increase of the full-
family non-indemnity health plan premiums on a 50/50 basis with members. For 2010
the plans used included the Kaiser and Aetna HMO plans.
C. Available Cafeteria Benefits
1. Health Insurance
From the Cafeteria Plan allotment, each represented employee must select
coverage for him or herself under one of the City sponsored medical plans.
However, if the employee has group medical insurance from another reliable
source that is acceptable to the City of Chula Vista Department of Human
Resources, the employee may elect to decline medical insurance from a City
provider and apply the value, less 50% of the amount that would cover
Kaiser Employee Only, of the City's "Flexible Benefit Plan" contribution to
other available City Flex options. Any employee married to another
benefited City employee who is covered under his or her spouse's plan may
waive coverage under the Cafeteria Plan and will receive full :credit. In
addition to personal coverage, an employee may elect coverage for his or her
qualified dependents under the same plan selected by the employee.
Any employee who declines medical insurance coverage may enroll in the
City medical plan prior to the next open enrollment only if the employee
involuntarily loses the coverage. Enrollment application must be received in
Human Resources within 30 days from loss of coverage.
The employee, through payroll deductions, will pay any premium cost in
excess of the Cafeteria Plan Allotment.
2. Dental (Optional)
Represented employees will be eligible to participate in any City
sponsored group dental plan. Any difference between the employee's
available Cafeteria Plan allotment and the premium for the selected plan
will be paid by the employee through payroll deductions.
3. DentallMedicallVision (D/MIY) and
Dependent Care Reimbursement Accounts (Optional)
Represented employees may allocate a portion of their Cafeteria Plan
Allotment to either or both of these reimbursement account options.
4. Vision (Optional)
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Represented employees will be eligible to participate in a City sponsored
group vision plan. Any difference between the employee's available
Cafeteria Plan allotment and the premium for the selected plan will be
paid by the employee through payroll deductions.
5. Cash (Optional)
Represented employees may allocate a portion of their Cafeteria Plan
Allotment to a ta.'(able cash payment. These payments will be paid to
employees on a pro-rata accrual two times per benefit year.
6. Flexible Spending Accounts (FSAs) - Health Care and Dependent Care
Represented employees will be eligible to participate in the two Flexible
Spending Account (FSA) options offered by the City. Employees may
elect to set aside a portion of their salary, on a pre-tax basis, to fund
eligible health care and dependent care expenses. If the City does not
meet fRS regulations, or if the IRS regulations change for any reason, this
benefit may be discontinued'.
The City reserves the right to contract with a Third Party Administrator for
the administration of FSAs. The City will pay the start-up costs associated
with third party administration. Participating employees will pay any
required fees (monthly, per employee, per transaction, etc.).
D. Short-TermlLong- Term Disability
The City agrees to contribute the amount necessary to provide short-term
disability and long-term disability protection for each represented
employee.
Short-Term Disability- A thirty (30) day elimination period with a
ma.ximum benefit subject to, and in accordance with, the provisions set by
the group disability plan.
Long-Term Disability- A ninety (90) day elimination period with a
maximum benefit subject to, and in accordance with, the provisions set by
the group disability plan.
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ARTICLE 2.10
GROUP TERM LIFE INSURANCE
The City agrees to pay the premium for $50,000 of group term life insurance and accidental
death and dismemberment insurance for each represented employee. Represented employees
may purchase supplemental group term life insurance in $10,000 increments up to a maximum of
$550,000 or four (4) times the employee's annual salary, whichever is less. Supplemental life
insurance for the employee's spouse is available in $10,000 increments up to $100,000 or 50%
ofthe employee's coverage, whichever is less through the City's group insurance plan.
ARTICLE 2.11
RETIREMENT
The City will provide to represented members retirement benefits via contract with the California
Public Employees Retirement System (CaIPERS).
As long as it has the clear legal authority to do so the City agrees to continue to apply Section
414(h)(2) of the Internal Revenue Code relative to employee retirement contributions, which
permits employee CalPERS contributions to be treated as deferred compensation.
The City will provide the CalPERS 3% @ 60 retirement plan option as provided for in the
Califomia Public Employees' Retirement System (Government Code sections 20000 through
21765). In addition to payment of the mandatory employer's contribution for represented
employees' retirement benefits, the City agrees to also pay the employee's portion of the
CalPERS contribution, which is presently fixed at 8%.
The City will provide the following CalPERS contract options:
A. One- Y ear Final Compensation
B. Post-Retirement Survivor Allowance
C. Credit for Unused Sick Leave
D. 4th Level 1959 Survivor Benefit. The monthly member cost for this benefit will be
paid by the City.
E. Military Service Credit as Prior Service
F. Cost of Living Allowance (2%)
G. Post-Retirement Survivor Allowance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit $5,000
J. Prior Service Credit
K. Employer Paid Member Contribution
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ARTICLE 2.12
DEFERRED COMPENSATION
CVMM/PROF A members shall be eligiblc to participate in any approved deferred compensation
plan offered by the City.
SECTION III
HOURS
ARTICLE 3.01
Alternative Work Schedules
l. The Union and the City agree to support the use of the various work scheduling arrangements.
As such the Union and the City agree to continue the application of alternative work schedules
under Human Resources Department Policies and Procedures Policy #912 as written and in
effect as of July 8, 2009. Policy #912 is incorporated in this MOU by reference.
ARTICLE 3.02
VACATION
l. Definitions For the purpose of this article, the definitions relating to vacations as
found in the Civil Service rules shall apply.
II. Vacation
A. Vacation Accrual - Continuous service: Each employee paid at a biweekly rate
who has had continuous'!i.Jll-time active service shall be entitled to vacation with
pay. This benefit will be calculated based on 26 pay periods per fiscal year. The
following provisions shall apply:
1. Employees will accrue 80-hours annually during the first through fourth years of
service.
2. Employees will accrue and be eligible to receive 120-hours annually during the
fifth through ninth year of service.
3. Employees will accrue and be eligible to receive 160-hours annually during the
tenth through fourteenth years of service.
4. Employees will accrue and be eligible to receive 200-hours annually during the
fifteenth and succeeding years of service.
5. Maximum Vacation Accrual - at no time may an employee have more than three-
years of vacation leave accumulated. No credits shall be accrued above this limit
and any time in excess of the three-year limitation will be lost.
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6. Vacation accrual rate changes will become effective at the beginning of the pay
period closest to the actual date, which includes the employee anniversary date of
benefited status.
7. Vacation Sell Back - All members of represented classifications who have
completed at least five (5) years of service shall have the option of selling a total
of SO-hours of vacation per fiscal year back to the City two times per fiscal year in
40 hour increments.
B. Each part time employee paid at a biweekly rate shall be entitled to vacation with
pay. The number of working days of such vacation shall be computed on the
basis set forth in subsection (2), (3), (4), or (5) and shall be in the proportion that
such part-time employment bears to full-time employment.
C. Employees separated from City service, whether voluntarily or involuntarily, shall
be granted all of the unused vacation to which they are entitled based upon
continuous service computed on the basis set forth in subsection (2), (3), (4), or
(5). Payment shall be made hour-far-hour with any portion of an hour being
considered a full hour.
D. Vacation Use - Vacation leave balances shall be reduced for actual time not
worked to the nearest quarter hour. Absences may not be charged to vacation not
already accumulated.
ARTICLE 3.03
SICK LEAVE
I. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the
employee's wages in the event absence is made necessary because of disability due to the
injury or illness of the employee or members of their immediate:[amily. For purposes of
this article, immediate family is defined as spouse, domestic partner, child, stepchild,
parent, stepparent, sibling, parent-in-law, grandparent, or any other person living as a
member of the employee's immediate household.
II. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative at the
rate of 3.69 working hours for each biweekly pay period of active service, 96 hours
annually, beginning at the time of full-time probationary employment. This benefit is
calculated on 26 pay periods per fiscal year. Penmanent part-time employees shall
receive sick leave pay in the proportion that such part-time employment bears to full-time
employment. A person who has held a position with temporary or interim status and is
appointed to a position with pennanent status, .without a break in service, may have such
time credited to sick leave upon the recommendation of the Appointing Authority and the
Human Resources Director and with the approval of the City Manager.
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m. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an
unlimited amount.
IV. Sick Leave Use - Sick leave balances shall be reduced for actual time not worked to the
nearest quarter hour for reasons allowable under this section. Absence for illness lTIay
not be charged to sick leave not already accumulated.
In order for sick leave to be approved, the employee must call his or her supervisor
within one-hour of the time to begin work. Ifthe supervisor is unavailable, the employee
must leave word with a designated individual that he or she is too sick to come to work or
has a contagious condition that would make his or her presence at the worksite dangerous
for other employees. In cases where it is impossible to call (e.g., in hospital,
unconscious, or other legitimate reasons) the supervisor shall withhold approval of sick
leave until the employee can explain why he/she did not call within the one-hour. The
supervisor will then make a determination as to the allowability of sick leave use.
V. Sick Leave Verification - The City may, in its discretion, require a medical provider's
certificate and/or a personal sworn affidavit stating that the employee is unable to
perform the essential functions of his or her job in order to determine eligibility for sick
leave. If an employee is to be required to furnish a doctor's certificate, the employee shall
be notified by his or her supervisor that a medical providers certificate shall be required
when the employee notitles the City that he or she will be absent by reason of illness or
disability of themselves or an i,timediate family member.
Sick leave verification may be requested at any time it appears there is a pattern or
practice of sick leave use that could be related to abuse, regardless of whether or not the
individual has a sick leave balance on the books. Exhaustion of sick leave balances does
not automatically trigger the verification requirement. When verification is required, the
employee must show immediate improvement in leave usage. Sick leave will then be
monitored for a period of six-months. If at any time during that period there is any abuse
of sick leave, the employee will be subject to disciplinary action up to and including
tennination.
VI. Sick Leave Reimbursement
A. Employees using thirty-two hours (32) of sick leave, or less, during the fiscal
year, shall have the option of converting twenty-five percent (25%) of their
remaining yearly sick leave to pay.
B. Pay shall be computed based on the following schedule and all computations shall
be rounded to the nearest whole hour: .
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REMAINING YEARLY SICK LEAVE
96 hrs
88 hrs
80 hrs
72 hrs
64 hrs
56 hrs or less
PAY OPTION 125%)
24 hrs
22 hrs
20 hrs
18 hrs
16 hrs
o
C. If the pay option is selected, the paid sick leave hours shall be subtracted from the
employee's accumulated yearly sick leave balance. The remaining sick leave
hours shall be carried over and accumulated. (Example: Employee uses 32 hours
of sick leave. He or she then elects to receive pay for 25% of the remaining hours
as payment, or 16 hours. The 16 hours are subtracted from his or her remaining
yearly sick leave and the other 48 hours are added to the employee's accumulated
sick leave balance.)
D. Payment will be made during the month of July of each year. Pay will be
computed based on the employee's salary on June 15.
E. Payment will be made only to employees on the payroll twelve (12) consecutive
months prior to the payoff calculation. Permanent employees who retire during
the fiscal year will be' compensated under this plan based upon their formal
retirement date. Prorated payments will not be made to an employee who
tenninates during the fiscal year. However, in the event of the death of an
individual while employed by the City, 100% of the employee's unused,
accumulated sick leave will be paid to the appropriate beneficiary as prescribed
by law.
I. Termination of Sick Leave Balances
Upon the independent determination of CalPERS that a non-safety employee is disabled
from the performance of their duties, the employee shall not be entitled to use any
remaining sick leave to cover absence beyond their FMLA entitlement. Sick leave
balance may be applied to applicable PERS service credit. An application for a disability
retirement, either employee or employer initiated, shall not affect the employee's rights
under Workers Compensation laws.
ARTICLE 3.04
BEREAVEMENT LEAVE
When an employee with permanent status is compelled to be absent from work because of the
death of an immediate family member as defined in the IRS, or any other person living in the
same household or those defined in subsection 2 of this article; and after such employee makes
written request and receives written approval from their Appointing Authority when staffing
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permits, such employee shall be allowed to LIse their accumulated sick leave, vacation,
compensatory time or floating holiday time for up to five (5) calendar days, plus three (3) travel
days.
1. The employee shall be granted time off without loss of pay to attend the funeral of a
deceased current co-worker at the discretion of the supervisor for up to two (2) hours.
2. In the case of death of a member of the employee's immediate/extended family, an
employee shall be allowed up to five (5) working days of bereavement leave. Members
of the immediate/extended family are normally considered to be the spouse, registered
domestic partner, children, father, mother, brothers, sisters, grandparents, grandchildren,
father/mother-in-Iaw, sisterlbrother-in-law, or daughterlson-in-law. Also included as
extended family are step-family members who have at any time lived in the household
with the employee.
3. For absences to attend the funeral of a relative other than a member of the
immediate/extended family, an employee shall be allowed up to one day of bereavement
leave and shall use their accumulated leave.
4. An employee shall be granted up to four (4) hours of bereavement leave and shall use
their accumulated leave to attend the funeral of a friend.
5. Bereavement leave for part tim~ employees shall be pro-rated, that is, in the ratio of the
average part-time work-week to a forty (40) hour week.
ARTICLE 3.05
HOLIDAYS
I. The City will be closed on the following hard holidays: Independence Day, Labor Day,
Veterans Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day,
Martin Luther King Jr.'s Birthday, Cesar Chavez Day, MemorialcDay.
II. Employees who work a flexible schedule (a 4-10 shift schedule for example) and who
cannot observe a normal holiday schedule:
A. If a hard holiday falls on the employee's regularly scheduled day off, the
employee will receive eight (8) hours holiday pay. The employee must use the
appropriate number of hours of vacation or holiday time to supplement the eight-
hours (8) of holiday time in order to reach 40-hours for that workweek, if the
normally scheduled shift was greater than eight (8) hours.
B. If a hard holiday falls on an employee's regularly scheduled workday and the
employee takes that day off, he or she will receive eight (8) hours of holiday pay
for that day. The employee must use the appropriate number of hours of vacation
or holiday time to supplement the eight-hours (8) of holiday time in order to reach
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40-hours for that workweek, if the normally scheduled shift was greater than eight
(8) hours.
III. Floating Holidays
A. Amount - Effective the first pay period of the fiscal year during this MOU,
employees shall be credited with eight (8) hours Floating Holiday time each for
Lincoln's Birthday, Washington's Birthday, and Admission Day. Permanent
pm1-time employees paid at a bi-weekly rate shall be credited floating holiday
time in the proportion that such part-time employment bears to full-time
employment. Employees may take floating holiday time at their discretion,
subject to staffing needs and with the approval of their Appointing Authority.
B. Floating Holiday Use - Employees using floating holiday time before the holiday
passes and subsequently leaving City service will be charged for such time.
Employees who do not use their floating holiday time before June 30 of the fiscal
year will lose such time. The smallest unit of time chargeable to floating holiday
time is one half hour.
IV. Management Leave
A. CYMMlPROF A will receive 80 hours of use it or lose it Management Leave each
fiscal year.
ARTICLE 3.06
JURY DUTY
Employees who are called to serve on jury duty for any county, state, or federal court within the
San Diego area shall be entitled to paid leave under the following circumstances:
1. They must present to their supervisor the court order to appear for jury duty at least three
(3) weeks prior to their date to report.
[I. The employee must submit a daily court authorized, stamped time card accounting for all
hours of required service ordered by the court.
Ill. If jury service and travel time from court to work is less than five (5) hours (7 hours for
person on a 4/I0 plan) in a work day, the employee is expected to return to work unless a
justification is provided and approved or pre-authorized leave is approved.
IV. Employees who are required to serve jury duty on their scheduled days off will not be
compensated for this time and may keep any fees paid by the court.
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V. If the employee is not required to report for jury duty on any paI1icular day(s) the
employee is then expected to be at work as per his or her normal schedule.
VI. It is the employee's responsibility to inform his or her supervisor on a daily basis if they
are required to report for jury duty the following day. This may include calling the
supervisor atter or before normal working hours.
V1I. Absence due to jury duty will be submitted on the City leave fonn.
ARTICLE 3.07
COURT LEAVE
Court leave is paid leave granted by the City to enable an employee to fulfill his or her duty as a
citizen to serve as a witness in a court action to which the employee is not a party, before a
federal or superior court located within San Diego County.
Court leave shall be limited to:
I. Required attendance before a federal or superior court located within San Diego County.
II. Time in attendance at court together with reasonable travel time between court and work
if attendance is for less than a full day and the employee can reasonably be expected to
return to work. .
III. Court leave shall not be granted when the employee is paid an expert witness fee.
IV. Court leave will only be granted to employees who are not litigants in the civil case nor
related to litigants in the civil case or defendants in a criminal case.
V. Employees shall provide their supervisor with a copy of the legal subpoena and provide
other documentary evidence of service.
ARTICLE 3.08
JOB SHARING
The City will make reasonable accommodation for an employee in a regular position who desires
to share his or her job with another qualified employee or eligible person. Jobs may be shared on
an hourly or daily basis. All legally pennissible benefits will be pro-rated. Each employee shall
be notified in writing by the Appointing Authority (as defined in the City Charter) at the time of
the appointment and such notification will clearly define the benefits to which each employee is
entitled.
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ARTICLE 3.09
MANDA TORY WORK FURLOUGH
The mandatory work nlrlough period is forty (40) hours per fiscal year. These hours must be
used during the fiscal year.
Employees' bi-weekly pay shall be reduced by an amount reflecting the forty (40) hour work
furlough.
I. Furlough leave hours must be used in the fiscal year in which they are credited, except
for the provision in III below.
[I. Employees, who, through no fault of their own, are not allowed to take their furlough
hours within the fiscal year will have the remaining hours carried over for use during the
next fiscal year. To be eligible for carryover, employees must demonstrate in writing that
they requested time off during the fiscal year and thai their requests were denied by the
Appointing Authority.
III. Furlough hours will be prorated for new hires, terrninating employees and employees
who have an established schedule Of'/4 time or less.
The mandatory work furlough ends June 30, 2011.
ARTICLE 3.10
LEAVES OF ABSENCE MILITARY LEAVE
For purpose of this MOU, the Civil Service Rules regarding Military Leave and Leaves of
Absence are incorporated by reference as though set out in full in this article.
SECTION IV
WORKING CONDITIONS
ARTICLE 4.01
PROHIBITED PRACTICES
I. CVMMlPROF A pledges it shall not cause, condone or counsel its unit members or any of
them to strike, fail to fully and faithfully perforrn duties, slow down, disrupt, impede or
otherwise impair the norrnal functions and procedures of the City.
II. Should any unit employees during the term of this Memorandum of Understanding
breach the obligations of Paragraph I, the City Manager or his or her designee shall
immediately notify CVMMlPROF A that an alleged prohibited action is in progress.
III. CVMMlPROF A shall as soon as possible, and in any event, within eight working hours
disavow any strike or other alleged prohibited action, shall advise its members orally and
in writing to immediately return to work and/or cease the prohibited activity and provide
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'-----
the City Manager with a copy of its advisement or, altematively, accept the responsibility
for tbe strike or otber probibited activity.
IV. lfCVMMlPROFA disavows tbe probibited activity and takes all positive actions set fortb
in this MOU in good faitb, the City sball not bold CVMM/PROFA financially or
otherwise responsible. Tbe City may impose sucb penalties or sanctions as tbe City may
appropriately assess against the participants.
V. Sbould CVMM/PROF A during tbe term of this Memorandum of Understanding breach
its obligations or any of tbem under this section, it is agreed that tbe City shall pursue all
legal and administrative remedies available to the City that in its discretion it may elect to
pursue.
VI. There sball be no lockout by tbe City during tbe term 'of this Memorandum of
Understanding.
ARTICLE 4.02
CLASSIFICATION STUDIES
The Human Resources Department conducts on-going classification and compensation st~dies
pursuant to the provisions of the Civil Service rules. In the event CVMMlPROF A wishes to
request a classification or compensation study for an individual or a classification, it may do so
by providing a written request to the Director of Human Resources. Written requests must
provide signiticantjustification to support tbe request for the study.
ARTICLE 4.03 FITNESS FOR DUTY
The parties agree that physical and mental fitness of City employees are reasonable requirements
to perform tbe duties of the job and instill public confidence. Recognizing these important
factors, the parties agree that during the term of tbis MOU, the City with reasonable cause, may
require medical and psychological assessments of employees, provided the City pays and
provides time off without loss of pay for sucb assessments. All sucb assessments shall be done
by appropriately qualified health care professionals. It is understood that the assessment regimen
performed by said professionals shall be reasonably related to the requirements and duties of the
job.
Any treatment or remedial action shall be the full responsibility of the employee, except as
otherwise provided by law or as may be provided through the 'Employee Assistance Program
(EAP) for City employees.
ARTICLE 4.04
SUBSTANCE ABUSE POLICY
Employees represented by CVMI\1JPROF A are subject to the City's Substance Abuse Policy.
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ARTICLE 4.05
MODIFIED DUTY
When an employee is injured on the job and, according to their physician, is able to return to
wotk with limitations, the City will make every effort to place the employee in a modified duty
assignment as closely approximating as possible the type of work the employee normally does,
until he or she is released back to full duty. The nature of the assignment will depend on the
physical restrictions of the employee as stated by the treating physician and the availability of a
modified position in the department that is consistent with the physical restrictions.
Notwithstanding the above, the acceptance of a modified duty assignment, if available, will be
mandatory.
ARTICLE 4.06
DIRECT DEPOSIT
All employees hired after the effective date of this MOU, as a condition of employment will be
required to provide authorization to the City's Director of Finance to electronically deposit their
paychecks to a financial institution of their choice.
ARTICLE 4.07
GRIEVANCE PROCEDURE
This grievance procedure shall be in etfect during the full term of this Memorandum of
Understanding.
Section I.
Section 2.
PURPOSE. The purposes and objectives of the grievance procedure are to:
(I)
Resolve disputes arising from the interpretation, application, or enforcement of
specific terms of this agreement.
(2)
Encourage the settlement of disagreements informally at .the employee-supervisor
level and provide an orderly procedure to handle grievances through the several
supervisory levels where necessary.
(3)
Resolve grievances as quickly as possible and correct, if possible, the causes of
grievances thereby reducing the number of grievances and future similar disputes.
DEFINITIONS. For the purpose of this grievance procedure the following
definitions shall apply:
(1)
Manager: The City Manager or his or her authorized representative.
(2)
Day: A calendar day, excluding Saturdays, Sundays, and hard holidays as
described by this agreement.
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(9)
Section 3.
(3)
Appointing Authority: The chief executive officer of a department.
(4)
Director of Human Resources: The Director of Human Resources or his or her
authorized representative.
(5)
Employee: Any officer or regular (not temporary) employee of the City, except
an elected official.
(6)
Employee representative: An individual who speaks on behalf of the employee.
(7)
Grievance: A complaint of an employee or group of employees arising out of the
application or interpretation of a specific clause in this agreement.
(8)
Immediate Supervisor: The individual who assigns, reviews, or directs the work
of an employee.
Superior: The individual to whom an immediate supervisor reports.
REVIEWABLE AND NON-REVIEWABLE GRlEVANCES.
(I)
To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred in alleged violation of a
specific clause in'this agreement; and
(b) Specify the relief sought, which relief must be within the power of the
City to grant in whole or in part.
(2) A grievance is not reviewable under this procedure if it is a matter which:
(a) Is subject to those reserved City Management Rights as stipulated under
Section 4 of the Employer-Employee Relations Policy for the City of
Chula Vista or under management rights as specified in this agreement.
(b) Is reviewable under some other administrative procedure and/or rules of
the Civil Service Commission such as:
I. Applications for changes in title, job classi fication, or salary.
2. Appeals from formal disciplinary proceeding.
3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
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5. Appeals that have Affirmative Action or civil rights remedy.
(c) General complaints not directly related to specific clauses of this
agreement.
(d) Would require the modification of a policy established by the City Council
or by law.
(e) Relates to any City group insurance or retirement programs.
Section 4. GENERAL PROVISION OF THE GRIEV Ai'\[CE PROCEDURE.
(l) Grievances may be initiated only by the employee or employees concerned and
may not be pursued without his or her or their consent.
(2) Procedure for Presentation. In presenting his or her grievance, the employee shall
follow the sequence and the procedure outlined in Section 5.
(3) Prompt Presentation. The employee shall discuss his or her grievance with his or her
immediate supervisor within ten (10) working days after the act or omission of
management causing the grievance, or within ten (10) working days of when the
employee, with the exercise of reasonable diligence, should have discovered the act
or omission being grieved.
(4) Prescribed Form. The written grievance shall be submitted on a form prescribed
by the Director of Human Resources for this purpose.
(5) Statement of Grievance. The grievance shall contain a statement of:
(a) The specific situation, act or acts complained ofas an agreement violation;
(b) The inequity or damage suffered by the employee; and
(c) The reliefsought.
(6) Employee Representative. The employee may choose someone to represent him
or her at any step in the procedure. No person hearing a grievance need recognize
more than one representative for any employee at anyone time, unless he or she
so desires.
(7) Handled During Working Hours. Whenever possible, grievances will be handled
during the regularly scheduled working hours of the parties involved.
(8) Extension of Time. The time limits within which action must be taken or a
decision made as specified in this procedure may be extended by mutual written
MM/PROFA MOU 07/01/10 - 06/30/12
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consent of the parties involved. A statement of the duration of such extension of
time must be signed by both parties involved at the step to be extended.
(9) Consol idation of Grievances. If the grievance involves a group of employees or if
a number of employees fi Ie separate grievances on the same matter, the
grievances shall, whenever possible, be handled as a single grievance.
(10) Settlement. Any-complaint shall be considered settled without prejudice at the
completion of any step if all parties are satisfied or if neither party presents the
matter to a higher authority within the prescribed period of time.
(1 I) Reprisal. The grievance procedure is intended to assure a grieving employee the
right to present his or her grievance without fear of disciplinary action or reprisal
by his or her supervisor, superior, or Appointing Authority, provided he or she
observes the provisions of this grievance procedure.
(12) Back Pay. The resolution ofagrievance shall not include provisions for back pay
retroactive further than twenty (20) working days prior to the date the grievance is
filed. However, if with the exercise of reasonable diligence the act or omission
being grieved was not discovered within 10 working days of its occurrence, and
the grievance is subsequently timely filed pursuant to Section 3, then the
resolution of the grievance may include provision for back pay for a maximum
period of one year from the date the grievance was filed.
Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed
by an employee submitting a grievance pursuant to policy:
Step I Discussion with Supervisor.
The employee shall discuss his or her grievance with his or her immediate
supervisor informally. Within three (3) working days, the supervisor shall give
his or her decision to the employee orally.
Step 2 Written Grievance to Superior.
[f the employee and supervisor cannot reach an agreement as to a solution of the
grievance or the employee has not received a decision within the three (3)
working days' limit, the employee may within seven (7) working days present his
or her grievance in writing to his or her supervisor who shall endorse his or her
comments thereon and present it to his or her superior within seven (7) working
days. The superior shall hear the grievance and give his or her written decision to
the employee within seven (7) working days after receiving the grievance.
Step 3 Grievance to Appointing Authority.
If the employee and superior cannot reach an agreement as to a solution of the
grievance or the employee has not received a written decision within the seven (7)
MM/PROFA MOU 07/01/10 - 06/30/12
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Step 4
Section 6.
working days' limit, the employee may within seven (7) working days present his
or her grievance in writing to his or her Appointing Authority. The Appointing
Authority shall hear the grievance and give his or her written decision to the
employee within seven (7) working days after receiving the grievance.
Grievance to Director and Manager.
If the grievance is not settled at the Appointing Authority level, it may be
submitted by the Association Representative within twenty (20) working days to
the Director of Human Resources, who shaIl investigate and report his or her
findings and recommendations to the City Manager within ten (10) working days.
The City Manager shall provide his or her answer within ten (10) additional
working days. The times indicated may be extended by mutual agreement. Any
employee grievance will be filed with the Association Representative at Step 4.
Following the submission of the City Manager's answer, and before going to
Section 6, Advisory Arbitration, matters which are unresolved shall be discussed
at a meeting between the parties during which all pertinent facts and information
will be reviewed in an effort to resolve the matter through conciliation.
ADVISORY ARBITRATION.
Any dispute or grievance which has not been resolved by the grievance procedure
may be submitted to advisory arbitration by the Association Representative or the
City without the conserit of the other party providing it is submitted within ten
(10) working days, following its termination in the grievance procedure. The
following Advisory Arbitration procedures shall be followed:
(1)
The requesting party will notify the other party in writing of the matter to be
arbitrated and the contract provision(s) allegedly violated. Within five (5)
working days of the receipt of this notice, the parties may agree upon an
arbitrator, or a panel of three arbitrators trained in conducting grievance hearings.
If agreement on an arbitrator cannot be reached, the State Department of
Industrial Relations shall be requested by either or both parties to provide a list of
five arbitrators. Both the City and the Association shall have the right to strike
two names from the list. The party requesting the arbitration shall strike the first
name; the other party shall then strike one name. The process will be repeated
and the remaining person shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days after the
arbitrator has been selected. The arbitrator may make a written report of their
findings to the Association and the City within fifteen (15) working days after the
hearing is concluded. The arbitrator shall make rules of procedure. The decision
of the arbitrator shaIl be advisory to the City Manager who shall render a final
decision within ten (10) working days.
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4-35
'--
The arbitrator shall have no authority to amend, alter, or modify this agreement or
its terms and shall limit recommendations solely to the interpretation and
application of this agreement. The above time limits of this provision may be
extended by mutual agreement.
(3) Each grievance or dispute will be submitted to'a separately convened arbitration
proceeding except when the City and the Association mutually agree to have more
than one grievance or dispute submitted to the same arbitrator.
(4) The City and the Association shall share the expense of arbitrators and witnesses
and shall share equally any other expenses, including those of a stenographer, if
required by either party. If either party elects not to follow the advisory decision
rendered by the arbitrator, that party shall pay the entire cost of the arbitration
process, including the expense of the arbitrator, witnesses, and/or stenographer.
MMlPROFA MOU 07/01/10 - 06/30/12
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4-36
Negotiating Team Members
CITY OF CHULA VISTA:
;;:;2c.-~
Scott Tulloch, Co-Chief Negotiator
City ofChula Vista
~A!~~
Kelley Bacon, Co-Chief Negotiator
City ofChula Vista
MM/PROFA MOU 07/01/10 - 06/30/12
SEIU Local 221
/ /;/
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'Sharon-Frinces Moore "( - -
SE1U Loc'al 221, President
A3tdlJ
Barbara Brookover, Chapter President
~
I. "':'7:
John G te~,'{:hapter Vice President
~~/J&d(J C~
lchaelO'Connor
SEIU Local 221, Sf. Worksite Organizer
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CITY OF CHULA VISTA PROPOSALS TO SEIU 221
Appendix (A)
Middle Management Classifications
After School Program Manager
Animal Care Facility Manager
Applications Support Manager
CIP Projects Supervisor
Collections Supervisor
Communications System Manager
Construction and Repair Manager
Crime Laboratory Manager
Custodial & Facilities Manager
Detention Facilities Manager
Development Services Counter Manager
Environmental Resources Manager
Environmental Services Program Manager
Equipment Maintenance Manager
Fleet Manager
GIS Supervisor
Information Technology Manager
Information Technology Support Manager
Library Digital Services Manager
Library Operations Manager
Literacy & Programming Coordinator
Open Space Coordinator
Open Space Manager
Operations and Telecommunications
Manager
Parks Manager
Permits Processing Supervisor
Plan Check Supervisor
Police Communications Systems Manager
Police Support Services Manager
Principal Civil Engineer
Principal Economic Development
Specialist
Principal Landscape Architect
Principal Librarian
Principal Planner
Principal Recreation Manager
Public Works Manager
Records Manager
Revenue & Recovery Manager
Senior Equipment-Maintenance Supervisor
Senior Librarian
Senior Recreation Manager
Wastewater Collections Manager
MMIPROFA MOU 07101110 - 06130112
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CITY OF CHULA VISTA PROPOSALS TO SEIU 221
Appendix (B)
Professional Classifications
Applications Support Specialist
Building Project Manager
Building Projects Supervisor
Development Automation Specialist
Emergency Services Coordinator
Fiscal Services Analyst
Information Technology Support
Specialist
Landscape Architect
Library Administrative Coordinator
Literacy Team Coordinator
Nature Center Progrmn Manager
Police Training & Development
Supervisor
Principal Economic Development
Specialist
Principal Landscape Architect
Principal Management Analyst
Principal Project Coordinator
Principal Revenue Analyst
Programmer Analyst
Public Information Officer (PO)
Public Works Coordinator
Redevelopment Coordinator
Risk Management Specialist
Senior Applications Support Specialist
Senior Graphic Designer
Senior Information Tech. Support
Specialist
Senior Management Analyst
Senior Planner
Senior Procurement Specialist
Senior Programmer Analyst
Senior Project Coordinator
Senior Public Safety Analyst
Senior Recreation Manager
Senior Risk Management Specialist
Systems/Database, Admini strator
Traffic Engineer
Transit Operations Coordinator
Veterinarian
MM/PROFA MOU 07/01/10 - 06/30/12
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