HomeMy WebLinkAboutMEA MOU July 1 2015 through June 30 2018CITY OF NATIONAL CITY
CALIFORNIA
N __A
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INCORPORATED
MEMORANDUM
OF
UNDERSTANDING
BETWEEN
CITY OF NATIONAL CITY
CALIFORNIA
and
NATIONAL CITY
MUNICIPAL EMPLOYEES' ASSOCIATION
AGREEMENT PERIOD
JULY 1, 2015 - JUNE 30, 2018
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND
THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION
FOR THE FOLLOWING PERIOD OF TIME:
JULY 1, 2015 — JUNE 30, 2018
The representatives of the City Manager of the City of National City, for and on behalf of the City Council of the City of
National City, have met and conferred with the representatives of the National City Municipal Employees' Association, an
organization representing employees of the City of National City, in accordance with the provisions of Section 3500 et. Seq., of
the Government Code of the State of California, and;
As a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and
conditions of employment as applied to those employees who are members of and represented by the Association; and the
Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City
Council of the City of National City on June 16, 2015, by Resolution No. 2015-90.
For the CITY:
LESLIE DEESE
City Mana
TIM
Chi e tiator
S AE SON
�r o str._'ve Services
AUDIA SIL A
City Atto ey
1
L Z
MARK ROBERTS
Dire6tor of Finaaca
AUREN MAXILOM
Management Analyst II
For the
DAVID RCIAS
President SEIU Local 221
JAM SLADE
Presi e EA
IW ANDE
Vic: re'NCM.
4/AP,
THA ACOSTA
Representa ve
ARACELI COVARRUBIAS
N Representative
ROBERT DREW
NCMEA Rresentative
BEATRICE GONZALEZ
NCMEA 12epresentati
RUBEN HUERTA
NC EA Repentative
ROY 1NCA
NC EA Rep centati
DONALD JASM
NCMEA epresenta
SUE'PFEIFER
NCMEA Representati r e
TABLE OF CONTENTS
ARTICLE 1 - IMPLEMENTATION 4
ARTICLE 2 - HOLIDAYS 5
ARTICLE 3 - LEAVE ELIGIBILITY AND PROCEDURE 9
ARTICLE 4 - ANNUAL VACATION LEAVE 10
ARTICLE 5 - MILITARY LEAVE 12
ARTICLE 6 - FAMILY CARE AND MEDICAL LEAVE 13
ARTICLE 7 - COURT LEAVE 14
ARTICLE 9 - TRANSFER OF LEAVE CREDITS 19
ARTICLE 10 - THE COMPENSATION PLAN 20
ARTICLE 11 - OVERTIME 22
ARTICLE 12 - EDUCATION EXPENSES REIMBURSEMENT AND EMPLOYEE LOUNGE UPGRADE 24
ARTICLE 13 - SERVICE RECOGNITION PAY 25
ARTICLE 14 - HEALTH AND DENTAL INSURANCE 26
ARTICLE 15 - HEALTH & SAFETY RELATED PROGRAMS 28
ARTICLE 16 - EMPLOYEE LIFE INSURANCE 29
ARTICLE 17 - SHORT TERM/LONG TERM DISABILITY INSURANCE 30
ARTICLE 18 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM 31
ARTICLE 19 - PROVISIONS OF LAW 32
ARTICLE 20 - EMPLOYEE AND ASSOCIATION RIGHTS 33
ARTICLE 21 - WAGE AND SALARY SCHEDULE 35
ARTICLE 22 - UNIFORMS 39
ARTICLE 23 - EQUIPMENT ALLOWANCE 40
ARTICLE 24 - WORK DAY, WORK WEEK, PAY PERIOD AND PAY DAY 41
ARTICLE 25 - PAY DIFFERENTIALS 43
ARTICLE 26 - GRIEVANCE PROCEDURE 44
ARTICLE 27 - MANAGEMENT RIGHTS 47
ARTICLE 28 - OBLIGATION TO SUPPORT 48
ARTICLE 29 - AGREEMENT, MODIFICATION, WAIVER 49
ARTICLE 30 - DURATION OF MEMORANDUM OF UNDERSTANDING 50
ARTICLE 31 - DEFINITIONS 51
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 1 - IMPLEMENTATION
Section 1
It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless
and until:
A. The NCMEA has approved and adopted this MOU.
B. The City Council acts, by majority vote, formally to approve and adopt this MOU.
1. The City Council shall upon approval and adoption of said MOU act to appropriate the
necessary funds required to implement the provisions of this MOU that require funding.
2. The City Council shall act in a timely manner to make the necessary changes in
ordinances, resolutions, rules, policies and procedures to implement and conform to this
agreement.
Section 2 Representation
The City of National City formally recognizes the National City Municipal Employees' Association
(NCMEA) as the exclusive representative of all employees in affiliation with SEIU, Local 221 in the
classifications listed under Article 21 — Wages and Salary Schedule.
Section 3 Eligibility
The wages, benefits and conditions of employment provided in this MOU are applicable to all regular
and part-time career employees as defined by Civil Service Rule IV, Section 407.1 A.(1) and (2) and
assigned by the City to the MEA unit. Employees hired on Temporary Full -Time or Part -Time, Intern or
On -Call basis are not represented by this unit. Benefits for Part -Time Career employees will be prorated.
Career/Limited Term employees in classifications assigned to the NCMEA Bargaining Unit may be
eligible for the benefits provided herein only when the grant or program provides adequate funding for
same. However, the City agrees to request that adequate funding for benefits be provided.
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NCMEA Agreement July 1, 2015 —June 30, 2018
ARTICLE 2 - HOLIDAYS
Section 1
Eligible employees in this bargaining unit are entitled, without loss of pay, to the holidays listed below:
A. The following days shall be fixed holidays with pay:
1. New Year's Day — January 1st
2. Martin Luther King — 3rd Monday in January
3. Cesar Chavez Birthday — March 31 St
4. Memorial Day — Last Monday in May
5. Independence Day — July 4th
6. Labor Day — 1st Monday in September
7. Thanksgiving Day — 4th Thursday in November
8. Day after Thanksgiving
9. Christmas Eve — December 24th
10. Christmas Day — December 25th
B. In addition to the fixed holidays above, the following four (4) days will be credited as "Floating
Holidays":
1. Lincoln's Birthday — February 12th
2. Washington's Birthday — 3rd Monday in February
3. Columbus Day — 2"d Monday in October
4. Veterans' Day — November 11th
C. Fixed holidays falling on a regularly scheduled workday will be paid based on the employee's
assigned daily work schedule. For example, employees assigned to a 4/10 schedule will have
holidays paid in ten (10) hour increments when the holiday falls on a regularly scheduled
workday. Floating holidays will be paid in eight (8) hour increments.
Section 2
The floating holidays shall be used by the employee in minimum increments of fifteen (15) minutes at the
employee's discretion subject to the approval of the department head or his/her designee as a holiday and
shall be used within the fiscal year earned. Reasons for denial to observe a holiday on the date requested
by the employee shall be in writing and can only be related in the judgment of the department head to the
efficient functioning of the department. If the department head certifies in writing to the Finance
Director that it was not possible to grant the time off during the fiscal year due to unforeseen or extreme
workload problems, then unused holiday credits will be added to the employee's vacation accumulation.
Floating holidays may be used earlier in the fiscal year than their occurrence. New employees shall not
receive credit for holidays which occurred prior to their starting date. Separating employees who have
received paid time off for holidays which have not occurred as of the date of their separation are required
to repay the City for such floating holidays for which they have been paid. Only non -probationary
employees and employees separating in good standing shall be paid for accrued and not taken holiday
time.
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NCMEA Agreement July 1, 2015 —June 30, 2018
Section 3 Appointed and Religious Holidays
With City Council approval, every day appointed by the President of the United States or by the
Governor of California for a public fast, thanksgiving or holiday, with the exception of Good Friday,
shall be honored as an additional holiday. Employees may request time off to attend religious services or
other religious activities on Good Friday or on the recognized religious holidays during the year; such
time off shall be charged to the employees annually accumulated leave or compensating time off. If the
employee has no accumulated annual leave or compensating time off, such time off shall be without pay.
Section 4 Holidays Occurring on Normal Work Day, during Sick Leave or Annual Leave or
on a Weekend
A. In the event a fixed holiday (as defined in Section 1) falls on and is observed on an employee's
regular day off:
1. If the employee is not required to work, such employee shall be granted a floating
holiday.
2. If the employee is required to work the employee shall receive:
a) pay at the time and a half rate for hours worked on the holiday; and
b) floating holiday hours equal to the number of hours actually worked.
B. In the event a fixed holiday (as defined in Section 1) falls on an employee's regular work day:
1. If the employee is not required to work, such employee shall be compensated at straight
time equal to the number of hours the employee would have been assigned to work.
2. If the employee is required to work the majority (over half) of his/her shift between
12:00 a.m. and 11:59 p.m. on the observed fixed holiday, the employee shall receive one
of the following at the option of the employee:
a) pay at the time and a half rate for hours worked; or
b) straight time and floating holiday hours equal to the number of hours actually
worked.
Exception: For the fixed holidays of Christmas Day, New Year's Day, day of July 4th, and
Thanksgiving Day, employees shall receive:
a) pay at the time and a half rate for hours worked on the holiday with a minimum
of two (2) hours of pay; and
b) eight hours paid holiday time at straight time.
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NCMEA Agreement July 1, 2015 — June 30, 2018
Date
Shift
Creditable Hours
Rationale
November XX, 20XX
(Thanksgiving)
20000 — 0600
8 hours holiday pay
10 hours worked at 1.5 times
Thanksgiving is an
"Exception" holiday
Fixed holiday
November XX, 20XX
(Day after Thanksgiving)
20000 — 0600
10 hours straight time
10 floater hours
December 24, 20XX
(Christmas Eve)
20000 — 0600
10 hours straight time
10 floater hours
Fixed holiday
December 25, 20XX
(Christmas Day)
20000 — 0600
8 hours holiday pay
10 hours worked at 1.5 times
Christmas Day is an
"Exception" holiday
January 1, 20XX (New
Years Day)
20000 — 0600
8 hours holiday pay
10 hours worked at 1.5 times
New Years Day is an
"Exception" holiday
C. When an employee is absent on annual leave, sick leave or compensating time off, a fixed
holiday immediately preceding, immediately following or wholly within such leave period shall
be recorded as a holiday and not as a day of leave.
D. If a fixed holiday occurs on a Saturday, the City will observe the holiday on the preceding
working day. If the fixed holiday falls on Sunday, the following work day will be observed as
the holiday, except as noted in Article — (holiday closure article).
E. Should the City shift the observed holiday to a day other than the actual holiday, City employees
working schedules outside of the standard Monday through Friday will continue to observe the
actual holiday and be compensated according to time worked on the actual holiday as outlined
above. Employees in this situation will be notified of the appropriate time card notations in
advance of the holiday.
Section 5 Holiday Closure
City facilities will close for a period of approximately two weeks in December of each year of the
agreement with time off for non -essential personnel.
1. In calendar year 2015, the closure will include a 40 hour unpaid work furlough to be deducted
over the 26 pay periods of the 2016 Fiscal Year beginning with the first full pay period in July
2015.
2. In calendar years 2016 and 2017, employees may elect to use accrued leave balances (vacation,
comp time or floating holidays) in lieu of furlough deductions over 26 pay periods to cover the
two week holiday closure. To exercise this option, the employee must notify Human Resources
by the end of business day at the end of the first full week in June of each year. If the employee's
accrued leave balances are insufficient to cover the entire holiday closure, remaining balance of
the holiday closure will be deemed unpaid time off with a corresponding deduction in the
employee's pay check for the pay period.
3. The City facilities shall close except for emergency services, including Fire, Police and other
personnel deemed emergency services essential personnel. Any employee subject to the furlough
that is required to work in the performance of services deemed to essential during the furlough
period shall be credited with corresponding furlough leave hours.
4. The following calendar is based on the City's current 4/10 workweek. A change in the workweek
schedule would result in a modification of the calendar.
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NCMEA Agreement July 1, 2015 — June 30, 2018
Section 5 Holiday Closure (continued)
2015 Holiday Closure
Dec 21 accrued leave
Dec 22 & 23 furlough days
Dec 24 holiday (Christmas Eve)
Dec 28 & 29 furlough days
Dec 30 & 31 accrued leave
2016 Holiday Closure
Dec 21 accrued leave
Dec 22 holiday (Christmas Eve)
Dec 26 holiday (Christmas)
Dec 27 — 29 furlough or accrued leave
Jan 2 holiday (New Year's)
Jan 3 furlough or accrued leave
2017 Holiday Closure
Dec 20 furlough or accrued leave
Dec 21 holiday (Christmas Eve)
Dec 25 holiday (Christmas)
Dec 26 — 28 furlough or accrued leave
Jan 1 holiday (New Year's)
Jan 2 furlough or accrued leave
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 3 - LEAVE ELIGIBILITY AND PROCEDURE
Section 1 Leave Categories
Consistent with the provisions of these chapters, employees in the competitive service shall be entitled to
holidays and annual vacation and shall be allowed sick, injury, emergency and special leaves of absence.
Career part-time employees in competitive service working twenty (20) hours or more per week, shall be
entitled to all holidays, annual vacation, sick or emergency leave and special leaves of absence as granted
to full-time employees on a pro rata basis within the same number of pay periods.
Section 2 Requests for Leave
All requests for leaves of absence, whether with or without pay, shall be submitted in writing on
prescribed forms, and except as provided in the case of compulsory leave, court leave and special
meetings, must meet the approval of the department head.
Section 3 Leave Approval
Except in the case of sick or emergency leave, the scheduling of leaves is subject to the approval of the
department head or his/her designee. It is the obligation of the employee to request in writing prior
approval for all other leaves. Under unusual circumstances, the department head has the discretion to
waive the requirement for prior approval. The department head shall respond to a request for leave
within ten (10) days. Approvals may be rescinded by the department director in time of emergencies
such as flood, earthquake, fire, civil disturbance, maintenance of skeleton staffing level, and other similar
situations. Leave will not be denied unless the department demonstrates that it cannot function without
the individual who is requesting a leave.
Section 4 Leave of Absence - Commencement and Termination
Each leave of absence shall be granted for a specific period of time and a specific cause, and if such
cause shall cease to exist prior to the expiration of the period for which the leave is granted, such leave
shall thereafter be invalid.
Section 5 Leave of Absence - Failure to Report
Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of Finance for
checking and certification. Failure of an employee to report at the expiration of leave shall separate the
employee from City service and shall be considered, in effect, a resignation; provided, however, the City
may cancel such separation if circumstances warrant such cancellation (as determined by the City
Manager or his designee).
Section 6 Benefits during Leave without Regular Pay
All accrual of leaves, City contributions and benefits will be suspended at the end of 45 calendar days
after the leave of absence begins, except as provided in this MOU and applicable law. This includes
leaves without pay, suspensions, injury leave and military leave. All accounts, contributions and benefits
will resume upon return from leave.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 4 - ANNUAL VACATION LEAVE
Section 1
All eligible employees shall be entitled to annual vacation leave with pay.
Section 2 Accrual Rates
All accrual rates are calculated on the basis of biweekly pay periods. All forty (40) hour per week
employees shall be governed by the following vacation accrual rates:
1 through 5 year's service
3.08 hours per pay period
6 through 10 year's service
4.62 hours per pay period
11 through 12 year's service
4.94 hours per pay period
13 through 14 year's service
5.23 hours per pay period
15+ year's service
6.15 hours per pay period
New employees will receive, during their initial probationary period, five (5) days (totaling 40 hours) of
accrued vacation at completion of nine (9) months of employment and five (5) days (40 totaling hours) of
accrued vacation at completion of the probation period. Accrual will then continue at the rates above.
Section 3 Scheduling of Vacation
Vacation schedules shall be arranged by the department head with particular regard to the needs of the
City and, as far as possible, with the wishes of the employee.
1. Eligibility for vacation pay shall be verified by the Finance Officer, who will pay only
for that time which has accrued.
2. If the requirements of the employee's services are such that the employee cannot take
part or all of his/her annual vacation in a particular calendar year, such vacation shall be
taken during the following calendar year.
3. An eligible employee may take earned vacation in any increment of fifteen (15) minutes
or more with the consent of the department head and the approval of the City Manager.
Section 4 Maximum Vacation Accumulation
An employee may accumulate vacation to a maximum of 2.5 times the yearly earned vacation time.
Vacation leave is credited as earned and the amount of vacation leave accumulated shall not exceed the
maximum and accrual shall stop whenever the employee is at the maximum.
Section 5 Holidays Falling Within Vacation Period
Except in the case of terminal vacation leave, paid holidays immediately proceeding, immediately
following or wholly within the vacation period shall not be regarded as part of the vacation.
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NCMEA Agreement July 1, 2015 — June 30, 2018
Section 6 Terminal Vacation Pay
Upon termination from City service, an employee shall be entitled to pay in lieu for the number of
accumulated vacation hours credited to the employee's account to a maximum of 2.5 times their annual
accrual under the provisions of this section. All vacation granted upon completion of an employee's last
day of work shall be a lump sum payment termed "terminal vacation pay" at the employee's current rate
of pay.
Section 7 Vacation Sell -Back
During the term of this agreement, all MEA members on a career basis meeting the eligibility criteria
defined below may convert a minimum of twenty (20) hours and a maximum of eighty (80) hours of their
accumulated vacation time payable not later than December of each year. The City shall attempt to
process these requests prior to the Thanksgiving holiday.
In order to convert accrued vacation hours:
a) Employees must use a minimum of 50 vacation hours during the eligibility period and have
at least 80 hours "on the books" before and after the request.
b) Employees must submit a written request to the Human Resources Department to convert
vacation hours to pay on or before November 1 of each year.
c) The eligibility period is defined as the first pay period in November to the last pay period in
October.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 5 - MILITARY LEAVE
In addition to the leaves of absence provided in this article, City officers or employees who are also
members of the armed services or militia or organized reserves of this State or Nation, shall be entitled to
the leaves of absence and the employment rights and privileges provided by the Military and Veterans'
Code of the State of California.
1. The term "Military Service" as used herein shall signify service on active duty with any
branch of service above mentioned as well as training or education under the supervision
of the United States preliminary to induction into the military service.
2. The terms "active service" or "active duty" shall include the period during which such
officer or employee while in military service is absent from duty on account of sickness,
wounds, leave or other lawful cause.
3. No employee serving under a permanent appointment in the Classified Service shall be
subjected by any person directly or indirectly by reason of his/her absence on military
leave to any loss or diminution of vacation, holiday, insurance, pension, retirement or
other privilege or benefit now offered or conferred by law, or be prejudiced by reason of
such leave with reference to promotion, continuance in office or employment, re-
appointment or re-employment.
4. When military leave is granted to an employee in the Classified Service pursuant to this
section, the position held by such employee shall be filled temporarily only during the
employee's absence, except in the event of the employee's death while on leave, and said
employee shall be entitled to be restored to such position, or to a position of like
seniority, status and pay upon, return from such leave, provided employee is still
mentally and physically qualified to perform the duties of such position and provided
said employee makes application for re-employment within ninety (90) days after being
relieved from such military service.
5. During absence on military leave any employee in the Classified Service who has been
employed continuously by the City for a period of not less than one (1) year prior to the
date upon which such absence begins, shall receive his/her regular salary for a period not
to exceed thirty (30) calendar days in any one fiscal year. All services of said employee
in the recognized military service shall be counted as employment with the City.
After 30 consecutive days of paid military leave, the City will supplement an employee's
military pay for a period of 6 months. This supplemental amount will be the difference
between the employee's normal pay and their military pay. In addition, the City will
provide existing levels of health care benefits during the supplemental 6-month period.
At the discretion of the City Council, supplemental paid military leave may be extended
beyond the 6-month period.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 6 - FAMILY CARE AND MEDICAL LEAVE
REFER TO CITY POLICY ON FAMILY AND MEDICAL LEAVE. SAID POLICY IS ON FILE IN
THE OFFICE OF THE HUMAN RESOURCES DIRECTOR, AND IS INCORPORATED IN THIS
MOU BY REFERENCE.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 7 - COURT LEAVE
An employee who is required by court order to serve as a juror or as a witness who is not a party to a
court action, shall be granted leave for such purpose upon presentation of proof of the period of said
employee's required attendance to the department head and the Finance Officer. The employee shall
receive full pay for the time he/she serves on court duty. Request for such leave shall be made upon the
request for leave of absence forms.
If juror or witness duty ends more than one hour prior to the conclusion of the work day, the employee
shall report back to work or use leave time for the remainder of the work day unless other arrangements
are agreed to by the supervisor.
Police Services Officers, Crime Scene Specialists, Fire Inspectors and Police Dispatchers shall get a
minimum of two (2) hours pay, at a rate of time and one half, for each court appearance required by their
work responsibilities on regularly scheduled time off. If the employee travels directly between the court
and his/her residence, then the employee shall be paid for 1/2 hour maximum. If the employee reports to
the Police Station, he/she is not entitled to travel time between the station and home; he/she would be
entitled, however, to compensation for parking fees and travel time between the station and the court.
The City encourages the use of public transportation to avoid incurring parking fees.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 8 - SICK LEAVE WITH PAY
The intent of this chapter is to provide a continuity of full salary to those eligible employees who are
unable because of illness or injury to perform the duties of their positions who would expose fellow
workers or the public to contagious disease and are thereby forced to be absent from employment, and to
provide necessary time off from work for required medical and dental care, subject to administrative
regulations designed to prevent malingering or abuse of these privileges.
Section 1 Sick Leave Definition
Sick leave is the necessary absence from duty of an employee for:
A. Diagnosis, care, or treatment of the employee's existing health condition or preventive
care for an employee; or
B. The serious disability of the employee while on a scheduled vacation.
C. The absence of an employee for authorized medical or dental care.
D. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an
employee's family member. For the purposes of using sick leave under this policy only,
"family member" shall mean an employee's parent, child, spouse, registered domestic
partner, parent -in-law, sibling, grandchild or grandparent.
E. The death of an immediate family member.
In addition, an employee who is a victim of domestic violence, sexual assault, or stalking may use
accrued paid sick leave under this policy for the following reasons:
1. To obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining
order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of
the victim or the victim's child;
2. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking;
3. To obtain services from a domestic violence shelter, program, or rape crisis center;
4. To obtain psychological counseling related to an experience of domestic violence, sexual assault,
or stalking;
5. To participate in safety planning and take other actions to increase safety from future domestic
violence, sexual assault, or stalking, including temporary or permanent relocation.
Section 2 Sick Leave Accumulation
A. Each regular full-time career or probationary employee in this bargaining unit, shall be entitled to
accumulate sick leave at a rate of 3.69 hours per biweekly pay period. Earnings for partial pay
periods shall be granted on a pro rata basis. Permanent part-time employees in the competitive
service are entitled to accumulate sick leave at a rate consistent with the provisions of Article 3,
Section 1.
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NCMEA Agreement July 1, 2015 - June 30, 2018
B. Accumulated Sick Leave: Each career or probationary employee in this bargaining unit shall be
eligible to accumulate sick leave up to a maximum of 360 hours, (herein called "accumulated
sick leave"). Sick leave accrual will be credited on the last of each pay period up to the 360 hour
maximum limitation.
C. Frozen Sick Leave Balance: Employees hired on or before June 30, 1979 and who have an
existing sick leave balance on June 30, 1979 were "frozen" at their June 30, 1979 sick leave
balance levels on July 1, 1979. (Herein called "frozen sick leave balance").
Section 3 Sick Leave Usage
A. Employees shall first utilize accumulated sick leave pursuant to Section 1 herein. Frozen sick
leave balance will only be authorized for use after accumulative sick leave credits are exhausted
for those employees who have a frozen sick leave balance pursuant to Section 2(C) herein.
B. Upon reaching the maximum accumulated sick leave (360 hours), accrual will stop; sick leave
accrual will begin after the employee's balance falls below 360 hours. Accrual will occur on the
last day of the pay period in which the employee's balance falls below the 360 hour level. Said
accrual will occur at the established rate as defined in Section 2(A).
Section 4 Limitation on Time Chargeable to Sick Leave
A. No person shall be entitled to sick leave with pay while absent from duty on account of any of
the following causes:
1. Sickness sustained while on leave of absence other than his/her regular vacation.
2. No paid sick leave shall be granted in excess of the employee's sick leave credit.
B. Absence that is chargeable to sick leave in accordance with this Chapter, shall be charged in the
amount not smaller than fifteen (15) minutes.
Section 5 Sick Leave Compensation
A. In order to receive compensation while on sick leave, the employee shall notify:
1. The immediate supervisors, or;
2. The department head, or;
3. In the event of the unavailability of either, the senior department representative available.
B. Notification shall be made prior to or not later than the beginning of the work day/shift in the
employee's respective department. If the need for paid sick leave is unforeseeable, the employee
shall provide notice of the need for the leave as soon as practicable. Compensation is contingent
upon approval from the appropriate department director.
C. The department head may waive the above requirements, if in his/her opinion, an emergency or
other exceptional circumstance so warrants. Computation of sick leave shall not include regular
days off or holidays, provided these are not in conflict with the established schedule within each
department.
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NCMEA Agreement July 1, 2015 — June 30, 2018
Section 6 Physician's Statement Required
A. When absences for more than three (3) consecutive working days or when abuse of the sick leave
benefit is suspected, the department head may require the employee to furnish a certificate or
statement from a regular licensed and practicing physician, at the employee's own expense,
whose license will be honored by the County Health Officer, indicating the nature and duration
of the employee's incapacity or other adequate evidence if the employee was not examined by a
physician. The appointing authority may require evidence of incapacity in cases of short periods
of absence and may require a medical examination when an employee returns to work with
indications of continuing illness or disability.
B. The department head is responsible for sick leave verifications. This responsibility may be
implemented by any reasonable method deemed necessary by the department head. Sick leave
with pay is subject to verification of the employee's eligibility by the Finance Officer.
Section 7 Separation from City Service
All eligibility from sick leave with pay shall be canceled upon separation of the employee from the City
service, provided that, if such separation is by lay-off, his/her accumulated eligibility shall be restored to
him/her in whole if the employee is re-employed within 24 months.
Section 8 Illness during Vacation Leave
An employee who becomes incapacitated for work due to his/her illness or injury for more than three (3)
consecutive calendar days while on paid vacation, may substitute sick leave credits for vacation, provided
the employee's request for sick leave substitution is accompanied by a doctor's statement or other
satisfactory evidence.
Section 9 Holidays during Sick Leave
Paid holidays immediately preceding, immediately following or wholly within the period for which sick
leave is granted shall not be regarded as part of such period of sick leave.
Section 10 Sick Leave Payment upon Retirement
A. An employee hired on or before June 30, 1979, shall upon formal retirement from the City under
the Public Employees' Retirement System, be paid for each day of unused sick leave or fraction
thereof which has accrued to his/her credit up to and including his/her last day of work, but not to
exceed 45 days or 360 hours. An employee hired on or after July 1, 1979 shall not be eligible for
sick leave payment upon retirement.
B. For employees hired on or before June 30, 1979 sick leave pay off upon retirement shall be the
sum of:
a. Frozen sick leave balance upon date of retirement.
b. Accumulative sick leave balances upon retirement.
However, in no event shall the payoff exceed 360 hours.
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NCMEA Agreement July 1, 2015 — June 30, 2018
Section 11 Evidence of Cause of Absence
In all cases of absence because of illness or death in the employee's family, the employee may be
required to furnish to the appointing authority satisfactory evidence substantiating the facts justifying
such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave
of absence with pay.
Section 12 Sick Leave Incentive Pay
A. Employees using 36 hours of sick leave or less during the 26 complete pay periods most closely
coinciding with the beginning and end of the fiscal year and having a minimum total
accumulation of 160 hours, may sell for cash the excess over 160 hours of unfrozen sick leave
accumulation to a maximum established according to the following schedule:
Unused Sick Leave
From Current Year's Accrual
Annual Maximum
Sell Back
96 Hours
32 Hours
From 80-95 Hours
28 Hours
From 60-79 Hours
22 Hours
Only the hours sold back to the City shall be deducted from the employee's accrued balance of
sick leave.
B. Payment will be made during the month of August each year. Pay will be computed based on the
employee's salary step on June 30 of the preceding fiscal year. (The Finance Department shall
issue eligibility notices to qualified employees at the end of each fiscal year.) Written request
must be submitted to the Finance Office within ten (10) working days of issuance of the notice.
Sick leave incentive payments will be incorporated into the normal payroll.
C. In lieu of sick leave incentive pay, the employee may elect to retain sick leave credits to the 360-
hour maximum to supplement pay for long term disability leave, up to the maximum set in
chapter 18 (3) of this MOU.
D. Permanent employees who retire during the fiscal year will be compensated on a pro -rated basis
subject to their formal retirement date.
E. Subject to the approval of his/her department head, the employee may elect to receive additional
vacation credits in lieu of all or part of the sick leave incentive pay. This election must be
indicated in writing and submitted to the Finance Office with department head's signature within
ten working days of issuance of the notice from Finance. This election may not be reversed at a
later date.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 9 - TRANSFER OF LEAVE CREDITS
Upon official request by an employee experiencing a catastrophic illness/injury or event, the employee's
department director or the Association on behalf of the employee, the City Manager or his designee may
allow individual employees the opportunity to transfer sick leave, vacation or holiday credits to another
employee who has experienced a catastrophic event.
All conditions for this transfer shall be in compliance with the City's Transfer of Leave (Catastrophic
Leave) Policy. Sick leave donated will not be counted against sick leave incentive pay.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 10 - THE COMPENSATION PLAN
Section 1 Salary Advancement
The Compensation Plan of the City of National City has the following characteristics:
1. Each salary range consists of five (5) steps.
2. The increase from one step to the next step on each salary range is as indicated in the salary
schedule.
3. Career part-time employees represented by the unit shall be eligible for step increases at a pro-
rated time interval as regular career full-time employees.
Salary advancement for each employee shall not be automatic, but shall depend upon the increased value
of an employee to the City, as reflected by the recommendations of the employee's supervisor and
department head and all other pertinent evidence. The success of the Compensation Plan depends upon
incentives which will encourage employees to put forth increasing efforts as they advance through the
salary steps of the salary range.
Section 2 Salary Steps
The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and
fifth salary steps are incentive adjustments to encourage an employee to continue to improve his/her
work. There shall be a five (5) percent differential between each of the five (5) steps.
1. The first salary step is the minimum rate and will normally be the hiring rate. Appointment
may be made to other than the normal entering salary step upon the recommendation of the
department head and upon the approval of the City Manager, when it is decided that such action
is in the best interests of the City.
2. The second salary step: Six (6) months of satisfactory service, normally, shall make an
employee eligible for consideration for this salary advancement. This salary advancement shall
be made only if recommended by the department head and if approved by the City Manager.
3. The third salary step: Twelve (12) months of satisfactory service at the second salary step,
normally shall make an employee eligible for consideration for this salary advancement. This
salary advancement shall be made only if recommended by the department head and if approved
by the City Manager.
4. The fourth salary step: Twelve (12) months of satisfactory service at the third step normally
shall make an employee eligible for consideration for this salary advancement. This salary
advancement shall be made only if recommended by the department head and if approved by the
City Manager.
5. The fifth salary step: Twelve (12) months of satisfactory service at the fourth step normally
shall make an employee eligible for consideration for this salary advancement. This salary
advancement shall be made only if recommended by the department head and if approved by
the City Manager.
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NCMEA Agreement July 1, 2015 — June 30, 2018
Section 2 Salary Steps (continued)
All rates shown and conditions set forth herein, are in full payment for services rendered and are intended
to cover full payment for the number of hours now regularly worked in each class. Employees engaged
for less than full-time should be paid a proportionate part of these salaries, or by hourly rate of pay that
falls within these ranges.
Each promotion shall carry with it a salary increase of at least five (5) percent as long as such increase
does not exceed the top step of the new classification.
The provisions of this article are based upon the salary schedules adopted by the City.
Section 3 Performance Reports
Notwithstanding any of the other provisions of this article, no employee shall be denied a step
advancement consistent with normal practice whose last performance report had an overall rating of
STANDARD, ABOVE STANDARD or OUTSTANDING, if that performance report was made within
the last 30 calendar days. If step is denied, a new performance report will be completed and performance
will be reviewed every sixty (60) calendar days for reconsideration of the step increase.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 11 - OVERTIME
Section 1 Standard Overtime
A. The smallest unit of time credited as overtime shall be one -tenth (1/10) hour.
B. Overtime worked that is less than one -quarter (1/4) hour shall be rounded off to the nearest
quarter hour each week.
C. Overtime credit must be for work specifically suffered, ordered, requested or approved by the
department head or a designated representative. Overtime compensation or compensating time
shall be earned at the rate of one and one-half (1-1/2) times the eligible hours.
D. Overtime compensation or compensating time shall be granted for hours exceeding forty (40)
hours of time actually worked. Time worked includes all paid hours including sick leave, leaves
during which Worker Compensation is paid, pre approved vacation time, holidays or any other
time away from the job that is paid. The normal work week varies among City employees, and
shall be determined by the employees official schedule or other approved schedule
documentation on file in the Human Resources Department. Work, other than normal work
schedule, directed for annual special events, such as the International Fair & Parade, the
Independence Day celebration, Auto Heritage Days, Chili Cook -off, City -Wide Free Trash
Pickup Days, and the Street Light Inspection Program, will be compensated according to
overtime rates. For those events where the City Council approves overtime, employees working
those events shall receive overtime pay.
E. An employee who is directed by the department director to attend commission or council
meetings held after normal working hours will be compensated per the "call-back" provision.
Section 2 Compensating Time Off
A. Consistent with the provisions of Section 1 above, employees may be credited with compensating
time off for overtime worked up to a maximum accrual of 100 hours, upon prior request of the
employee and approval of the department director.
B. Compensating time off credits may be accumulated up to 100 "converted hours". Exceptions to
exceed this maximum may be authorized by the Human Resources Director on request by the
employee and approval of the Department Director under conditions set by the Human Resources
Director.
C. An employee shall be allowed to use compensating time off in increments of fifteen (15) minutes
or more which may be taken in conjunction with vacation credits. Time off approval and
scheduling shall be subject to the provisions of Article 3 of these articles.
D. An employee who provides a written request fifteen (15) calendar days in advance of proposed
use of compensatory time shall be allowed the time off to a maximum of forty (40) consecutive
hours or be paid for the hours requested. No more than one (1) request per 30-calendar period is
allowed except by agreement of the Department Director. An employee will not be required to
take compensatory time earned at straight time hour nor will an employee be required to take
compensatory time within the same pay period as earned.
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NCMEA Agreement July 1, 2015 - June 30, 2018
Section 3 On -Call Status
A. Employees may be assigned to on -call status for possible work and will be required to be
available after working hours where the employee can be reached by telephone or pager and can
respond within 30 minutes. Individuals assigned to "on -call" have the responsibility of obtaining
qualified relief in the event they cannot be called back. The relief must have the pre -approval of
appropriate supervisor.
B. The following procedures shall apply to on -call status:
1. Personnel going on vacation, floating holiday or any other absence from work of their
own request during scheduled on -call will be responsible for providing their own
qualified relief.
2. Personnel incapacitated for scheduled on -call by sickness or other absence not within
their control will not be required to provide their own relief, if notice is given to the
department.
3. If an employee is accepting on -call pay and does not respond to a call-back, that
employee shall forfeit that day's on -call pay and may be subject to disciplinary action,
unless that failure to respond was for reasons beyond the control of that employee as
determined by the department director.
4. Employees will be assigned to on -call status, first on a volunteer basis and thereafter
assigned by reverse seniority. On -Call Status will not exceed seven (7) days in any thirty
day period and will be rotated among qualified personnel, unless otherwise agreed to by
the employee and the Department Head. In the event of personnel shortages, the City
may assign an employee(s) to on -call status based on reverse seniority among qualified
employees.
5. The on -call work week will be determined by the appropriate department head.
6. When any class is scheduled for on -call work the City shall provide pagers at the
beginning of the on -call assignment.
C. On -Call Pay
1. For a normal work day shift, pay shall be the dollar equivalent to one and a half (1-1 /2)
hours at current hourly rate per each day of on -call status.
2. For a normal weekend shift (Saturday and Sunday), pay shall be the dollar equivalent to
two (2) hours at current hourly rate per each day of on -call status.
3. For a fixed holiday on which the Civic Center is closed, pay shall be the dollar
equivalent to two and a half (2-1/2) hours at current hourly rate per each day of on -call
status.
Section 4 Call -Back
The City may direct a field response by an employee during other than normal working hours for
emergency purposes which shall constitute a "call-back", and paid at the rate of one and one-half (1-1/2)
times the number of hours worked, with two (2) hours being the minimum for any call-back that requires
return to the work site. Call-back time earned shall not be counted as actual time worked for overtime
purposes.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 12 - EDUCATION EXPENSES REIMBURSEMENT AND
EMPLOYEE LOUNGE UPGRADE
Section 1
The City shall provide $16,000 for MEA to fund the Education Expenses Reimbursement Plan, which is
available to employees on paid status or the Association as a group who wish to improve their work
performance through furthering their education. The plan provides up to $1,200 per employee, per fiscal
year until this fund is exhausted and is available to all employees who meet the following criteria:
1. Successful completion of probation.
2. A proposed course of instruction or training is related to the employee's employment
with the City. The department director has the final authority in determining whether a
course or training has job related value. Request must be submitted in writing on
appropriate City form prior to taking the course of instruction or training.
3. The reimbursement may be used to cover the required costs, such as tuition, registration,
books, and up to $50 of other materials or supplies considered necessary by the
Department Director. In order to be eligible for reimbursement for the full cost of books,
the books used in a formal course of education upon completion of the course must be
turned over to the employee's department for access by all employees. If the employee
wishes to keep books purchased as part of the class requirement, the employee shall only
receive one half (1/2) of the purchase price.
4. The course must be passed with a grade "C" or better. If taken on pass/fail or completion
basis, employee must complete or pass course(s) taken.
5. The employee must show written documentation of the expenditures being claimed for
reimbursement.
6. Reimbursement may be requested for fee -based educational programs to be attended on
employee's own time for professional self -development.
Reimbursement under this plan will be made upon completion of the courseware as per part 2 above.
Section 2 Reimbursement of Expenses in Maintaining Required Licenses and Permits
In addition to the funds provided for educational reimbursement, the City shall provide monies to
reimburse employees for the actual cost of the certificate or license expenses and any required medical
examinations when such certificate or license is required by the City or law in the performance of their
duties of their current positions. Claims shall be submitted in writing with proof of costs to the Personnel
Department for approval and payment. Class "C" Driver's License expense is not a reimbursable
expense.
Section 3 Enhancement to Employee Lounge
City agrees to allocate $25,000, in total, toward the refurbishment of the kitchen/employee lounge area at
City Hall and the Public Works yard. A Steering Committee, comprised of City managers and MEA
employees, will oversee the project and its completion.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 13 - SERVICE RECOGNITION PAY
Section 1
In addition to other compensation paid for the services of employees, service recognition pay shall be
paid to employees hired before July 1, 1991 of the City on the following basis:
A. After five (5) years of continuous and uninterrupted service the sum of $10.00 per month;
B. After ten (10) years of continuous and uninterrupted service the sum of $15.00 per month;
C. After fifteen (15) years of continuous and uninterrupted service the sum of $20.00 per month;
D. After twenty (20) years of continuous and uninterrupted service the sum of $25.00 per month;
E. After twenty-five (25) years of continuous and uninterrupted service a sum of $30.00 per month,
which shall be the maximum payable.
Vacation, sick leave, workers' compensation leaves, comp time, suspensions with pay, floating holidays
and other approved City paid leaves of absence shall be continuous and uninterrupted time. All unpaid
suspensions and approved leaves of 30 days or less shall be continuous and uninterrupted time; those of
more than 30 days shall be continuous employment, but interrupted.
In the event an employee ceases to be employed by the City of National City for a reason other than
military service or lay-off, all rights to longevity pay shall be forfeited and expired, and if said employee
is subsequently re-employed by the City, said employee shall not be entitled to any service recognition
pay by reason of any prior employment.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 14 - HEALTH AND DENTAL INSURANCE
Section 1 Insurance Program Coverage
As a benefit to career full-time employees and, on a pro -rated basis, career part-time employees working
20 hours/week or more in this bargaining unit, the City will provide a combined group insurance program
of health and dental coverage. The benefits and limitations of the program are to be designed
cooperatively by the Employees' Association, City and program provider. The Employees' Association
and City agree to select and implement health insurance programs, which best serve the needs of the
employees.
Section 2 City Contribution
The City will offer medical and dental benefits to eligible employees. Employees who enroll shall
receive a City contribution toward the cost of health coverage. For the duration of benefits year 2011,
employees who enroll shall receive health coverage as follows:
100% of premium for the lowest cost
health and dental plans ($457.56)
Employee Only
80% of premium for the lowest cost
health and dental plans ($736.80)
Employee plus one dependent
80% of premium for the lowest cost
health and dental plans ($1,029.81)
Employee plus two or more dependents
Beginning with the first benefits year after ratification, the City will contribute toward the cost of
employee health care at the current contribution level plus fifty percent (50%) of the premium increase
(if any) to the lowest cost health and dental plans. Each year thereafter, the City's contribution will equal
the previous year's contribution level plus fifty percent (50%) of the premium increase for the lowest
cost health and dental plans.
A. City contribution will discontinue when employee goes on unpaid status for more than 45
calendar days, except as otherwise specified in this agreement or by law. Employees in this
status may continue coverage at their own expense.
B. If the cost of providing this benefit for employees and their dependents exceeds the established
City contribution, the employee must pay the excess amount.
Section 3 Money In Lieu of Coverage
An employee may elect employee only coverage in health and receive the remaining amount of the City's
contribution as cash -in -lieu.
Provided that an employee shows proof of coverage under a non -City sponsored health plan, the
employee, during the annual open enrollment, may elect not to participate in a City sponsored health plan
and receive $125/month maximum in lieu of coverage. Any actual savings realized by City during the
previous calendar year from MEA employees opting out of City coverage will be calculated in January of
each year and re -distributed equally to all MEA employees in the form of an increase of City contribution
for health coverage.
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NCMEA Agreement July 1, 2015 —June 30, 2018
Section 4 Insurance Broker
The City agrees to assign Willis San Diego as the City's Broker of record to review, recommend and
generally assist in the administration of the benefits program.
Section 5 Retiree Health Benefit
A. Employees covered by this MOU, who retire from the City of National City after July 1, 2002
and before July 1, 2014, and who retire with at least 20 full years of service under the CalPERS
Retirement System shall receive $5/month for each year of PERS Service with the City as the
City's contribution towards their medical insurance premium. This contribution shall continue
until the retiree qualifies for Medicare.
B. Effective July 1, 2014, employees covered by this MOU must retire from the City of National
City and have 20 full years of pensionable service credit with the City of National City to receive
$10/month for each year of pensionable service with the City as the City's contribution towards
their medical premium.
This contribution does not entitle the retiree to any particular insurance or to any particular rate. A
qualifying retiree may receive these contributions even if not enrolled in a City health plan, so long as the
retiree annually provides the City with written proof (e.g. copy of health insurance invoice and payment)
that the retiree is using the contributions to pay for health premiums and understands that the retiree is
solely responsible for any taxes that might be due as a result of the City's contribution.
Retirees eligible for this benefit are responsible for paying the health insurance premium and the City
will forward this benefit amount on a monthly basis directly to the retiree. This benefit will be canceled
upon non-payment of premium or otherwise becoming ineligible. The retiree is also responsible for
notification to the City of address change and health coverage from another source.
Section 6 Health Savings Accounts
The City and MEA agree to work cooperatively with the City's health care broker to develop a Health
Care Savings Account (HSA) option for employees. The parties shall make a good faith effort to include
an HSA option for employees in the 2011 benefit year.
Section 7 Health Care
The City and SEIU are open to the concept of joint discussions for the purposes of identifying a
comprehensive solution that is beneficial to the City and SEIU represented employees without harming
other City of National City employee groups.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 15 - HEALTH & SAFETY RELATED PROGRAMS
Section 1 Smoking Policy
The Municipal Employees' Association agrees to City No Smoking Policy at the workplace.
Section 2 Continuation of Coverage's
The City agrees to continue its contributions toward health, dental and life insurance coverage for
employees who are receiving workers' compensation benefits from the City for a period not to exceed
twelve (12) months.
Section 3 Premium Payment Program (I.R.S. 125 Plan)
The City agrees to implement a 125 reimbursement plan to allow pre-tax dollars to be utilized in the
payment of employee's portion of medical, dental and insurance premiums, medical expenses and
dependent care expenses. The City shall arrange for a plan administrator for dependent care provision of
the City's 125 Plan, provided all costs are paid by the employees who participate.
Section 4 Employee Assistance Program
The City shall make available a voluntary Employee Assistance Program (EAP) for psychological
assessment, counseling and referral to all employees represented by the Municipal Employees'
Association at no cost to the employees, except for referrals out of the basic program. Employees using
this program may do so on their own time.
Section 5 Hazardous Materials
The City will provide containment and disposable devices on City vehicles where there is exposure to
materials, especially needles that may be harmful.
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NCMEA Agreement July 1, 2015 —June 30, 2018
ARTICLE 16 - EMPLOYEE LIFE INSURANCE
As a benefit to full-time employees in this bargaining unit, the City will provide a group life insurance
program. The benefits and limitations of the program are to be designed cooperatively by the Employees'
Association and insurance carrier. The City will provide up to $25,000 Term Life Insurance with
Accidental Death and Dismemberment coverage for each employee at no cost to employee. An amount
will be paid by the City for each permanent part-time employee in the competitive service that is
proportional to the permanent time base of his/her appointment (e.g., a half-time employee will receive
half the amount of a full-time employee).
The parties agree to meet and consult within a reasonable period of time before the completion of the
current contract between the City and its insurance carrier that provides for Term Life Insurance with
Accidental Death and Dismemberment with the purpose of increasing the death benefit amount for
employees at no additional cost to the City. The City will attempt to complete this task by soliciting
quotes from insurance providers.
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NCMEA Agreement July 1, 2015 —June 30, 2018
ARTICLE 17 - SHORT TERM/LONG TERM DISABILITY INSURANCE
All employees shall continue to participate in the City sponsored Disability Insurance program
(STD/LTD) through payroll deduction.
Section 1 Cost and Benefits
Total costs of the program are paid by all employees in the bargaining unit through payroll deductions at
the rates set by the established plan. Participation, costs and benefits of the program are subject to the
regulations and requirements of the Plan.
Section 2 Continuation of Insurance Benefits
During the period that an employee is receiving benefits from the (STD/LTD) Plan, the City shall
continue to pay its share of the Insurance Premiums for Health and Life Insurances with no cash -in -lieu
for a period of up to twelve (12) months or until such time as the disability is considered permanent.
Section 3 Income Supplement
Employee receiving STD/LTD benefit may use sick leave, vacation, and other leave accruals to
supplement income to an amount no greater than the employee's regular gross monthly pay.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 18 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Consistent with the Government Code of the State of California, employees are local miscellaneous
members of the Public Employees' Retirement System and are entitled to optional benefits as indicated in
all amendments to the contract between the Board of Administration of PERS and the City Council
regarding miscellaneous employees.
The retirement formula for miscellaneous members shall be as follows:
1. Employees hired on or before March 21, 2011 (Tier I):
a. Shall pay 8% of reportable compensation to PERS through payroll withholding on a pre-
tax basis effective July 1, 2011. The City shall adopt the necessary resolutions and
submit them to PERS to reflect the increased employee contribution and the elimination
of the Employer Paid Member Contribution (EPMC).
b. The retirement formula will include 3% at 60 years of age and the "Single Highest Year"
provision.
2. Employees hired on or after March 22, 2011 but before January 1, 2013 (Tier II):
a. Shall pay 7% of reportable compensation to PERS through payroll withholding on a pre-
tax basis effective July 1, 2011. The City shall adopt the necessary resolutions and
submit them to PERS to reflect the increased employee contribution and the elimination
of the Employer Paid Member Contribution (EPMC).
b. The retirement formula will include 2% at 60 years of age and the "Single Highest Year"
provision.
3. Employees hired on or after January 1, 2013:
A. New members to the public retirement system as defined by Government Code Section
7522.10(f)(1)(2)(3) (Tier III):
a. Shall pay 50% of the normal cost of defined retirement benefit contribution as
determined by CalPERS according to the most recently completed valuation period.
b. The retirement formula will include 2% at 62 years of age and the "Three Year
Averaging" provision.
B. Classic members as defined by the Public Employees Retirement Law shall be placed in the
retirement formula and pay the same reportable compensation to PERS as those employees
hired on or after March 22, 2011 (Tier II).
4. The formula for determining the average monthly pay rate when calculating retirement benefits
shall be reduced from the "Single Highest Year" provision to "Three Year Averaging" as soon as
permitted by PERS.
The City agrees to request an actuarial analysis from CalPERS for the purpose of determining difference
in the cost to the City for employee paid employee contributions and employee paid employee employer
contributions. After receipt of the analysis, the City and MEA agree to reopen discussions on this single
issue.
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NCMEA Agreement July 1, 2015 —June 30, 2018
ARTICLE 19 - PROVISIONS OF LAW
This MOU is subject to all future and current applicable Federal or State laws and regulations.
If any part of the provisions of this MOU is in conflict with such applicable provisions of Federal or
State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part of provision shall be suspended and superseded by such applicable law or
regulations, and the remainder of the MOU shall not be affected and the NCMEA shall have the right
upon request to meet and confer concerning the practical effect of such conflicts on wages, hours or
terms and conditions of employment.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 20 - EMPLOYEE AND ASSOCIATION RIGHTS
Section 1 Employee Rights
Each individual employee shall have the following rights which he/she may exercise in accordance with
law, the National City Civil Service Rules and applicable laws, ordinances, rules and regulations:
A. The right to form, join and participate in the activities of employee organizations of his/her own
choosing for the purpose of representation on matters of his/her employee relations with the City,
or to refuse to join or participate in the activities of any employee organization.
B. The right to pay dues to such employee's organization through regular payroll deduction.
C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal
on the part of his/her department head, his/her supervisor, other employees or employee
organizations, with respect to membership or non -membership in any employee organization or
with respect to any lawful activity associated therewith which is within the scope of
representation.
D. The right to represent himself/herself individually in his/her employee relations with the City.
Whenever a City employee desires to represent himself/herself in consulting with City
management during his/her regular hours of work, he/she shall first request and obtain from
his/her department head permission to take time off to do so.
E. The right to confidentiality of personal information including information provided on the
employee's paycheck. It shall be the responsibility of each department to ensure that this right is
protected.
Section 2 Association Rights
A. The right for the MEA to use City facilities to hold official scheduled meetings.
B. The right to designate authorized representative who shall have access to work locations and
employees subject to department head approval, when such access does not unduly interfere with
departmental operations and is in the course of grievance resolution.
C. The right to post information concerning elections, benefits, notices, reports, programs and
promotions.
D. The right to notice by the City of new employees in this unit.
E. The Personnel Office shall distribute informational materials provided by the Association to new
employees during the in -processing orientation.
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NCMEA Agreement July 1, 2015 — June 30, 2018
Section 2 Association Rights (continued)
F. The Association may designate one steward from City Hall, one steward from Public Works, one
steward from Community Services, one steward from the Library, one steward from Fire, one
steward from the Parks Division, one steward from Building & Safety, and one steward from the
Police to represent employees from their respective areas in meeting with management on
appeals of discipline and formal grievances. The appropriate steward shall request in writing and
shall be allowed reasonable time off during duty hours for this purpose, provided the time
requested does not substantially impact departmental operations. In the event the steward cannot
be released as requested, the supervisor shall provide an alternate time within the next forty-eight
(48) hours. Stewards shall be designated in advance by written notice from the MEA to the
Human Resources Director and the Steward's Department Director.
G. The Association shall be allowed the use of the City's intranet for the purposes of Union
Communications. As the City Manager's Designee, the Human Resources Director will provide
final review and approval of all related content/information.
H. The Association shall be entitled to hold four (4) one -hour meetings annually.
Section 3 Labor Management Committee
The City and the Association agree to establish a Labor Management Committee. The purpose of the
Committee is to discuss issues relating to this agreement, and other issues of quality of work life. The
Committee shall have no authority to change, modify, alter or amend this agreement.
The Committee shall be composed of the president of the Association or his/her designee, a designated
representative, and one other member. In addition, the City shall appoint the Director of Human
Resources or his/her designee and one other management employee.
Meetings shall be held when mutually agreed upon and at times that are mutually acceptable to both
parties. The party desiring to meet shall request the meeting at least fifteen (15) days prior and shall
submit an agenda of items to be discussed.
It is the intent of the parties to foster a cooperative atmosphere and harmonious working relations.
Therefore, the parties agree to only issue joint statements, when necessary, on the results of the
Committee.
The City and the Union agree to refer the Union proposal regarding reclassifications/salary adjustments
to the Labor Management committee for resolution.
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NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 21- WAGE AND SALARY SCHEDULE
Section 1 Classification and Base Wage Ranges
1. In the first full pay period in July 2015, eligible employees shall receive a one-time before tax
retention incentive payment equal to 2% of the employee's salary step at the time of payment.
Payment shall be made in the first full pay period after the effective date of this agreement.
a. Employees must have at least one full consecutive year of service in an MEA classification
in order to be eligible.
b. Employees with less than one year of service at the effective date of this Memorandum of
Understanding shall receive their 2% retention incentive in the pay period after reaching
their one year anniversary. The City shall have no obligation to pay a retention incentive to
any employee who does not reach his/her one year anniversary with the City.
c. The employee may choose to contribute part or all of the retention incentive into their 457
deferred compensation plan account or convert (all or part of) their incentive into vacation
hours.
d. The retention incentive shall not be reported as compensation to PERS.
2. Effective the first full pay period in July 1, 2015, the City will increase employees salary by 2%
for all employees represented by MEA.
3. At the City's expense, the City will conduct and complete a total compensation study of MEA
positions. The City will meet and consult with MEA on the agencies and positions selected for
the total compensation survey. The City retains the authority to select the vendor and determine
the methodology for the total compensation survey. After the total compensation survey is
completed and the results of the survey are provided to MEA, the parties will reopen
negotiations no later than March 1, 2016 on the single subject of implementing the results of the
total compensation survey and will consider the following factors, including but not limited to:
• Determine the appropriate wage increases for MEA positions which are below
market
• Recruitment and retention challenges of any particular classifications(s)
• The extent the classification is below market average
• Operational needs of the City
The total amount available for increases to compensation for below market MEA positions will
be equal to 4% of total compensation for all employees represented by MEA and the total
amount available shall be used in its entirety for increases to compensation for MEA positions.
All increases to compensation will be effective the first full pay period in July 1, 2016.
4. Effective the first full pay period in July 1, 2017, the City will increase employees salary by 2%
for all employees represented by MEA.
35
NCMEA Agreement July 1, 2015 - June 30, 2018
CLASSIFICATION TITLE
RANGE
Abandoned Vehicle Abatement Officer
83
Academic Enrichment Programs Coordinator
124
Accountant
114
Accountant Trainee
96
Accounting Assistant
76
Administrative Secretary
87
Alarm Program Coordinator
63
Animal Regulations Officer
98
Assistant Engineer -Civil
143
Assistant Planner
119
Assistant Tree Trimmer
82
Associate Engineer -Civil
156
Associate Planner
130
Building Inspector
123
Building Inspector/Plan Checker
133
Building Trades Specialist
102
Buyer
92
Carpenter
102
Civil Engineering Technician
108
Code Conformance Officer I
113
Code Conformance Officer II
123
Community Development Specialist I
119
Community Development Specialist II
130
Community Services Officer
73
Construction Inspector
118
Crime Analyst
120
Crime Scene Specialist
112
Custodian
56
Electrician
102
Equipment Mechanic
105
Equipment Operator
98
Executive Chef
81
Executive Secretary
101
Fire Inspector
123
Graffiti Removal Assistant
76
Graffiti Removal Technician
98
36
NCMEA Agreement July 1, 2015 — June 30, 2018
CLASSIFICATION TITLE
RANGE
Home Delivered Meals Coordinator
60
Home Delivered Meals Driver (career part-time)
pt059
Housing Assistant
89
Housing Inspector I
113
Housing Inspector II
123
Housing Specialist
116
Lead Equipment Mechanic
115
Lead Hazard Control Program Case Manager
110
Lead Hazard Control Program Coordinator
120
Lead Housing Inspector
115
Lead Risk Inspector/Assessor
115
Lead Sampling Technician
86
Lead Tree Trimmer
93
Librarian
124
Librarian (Literacy Services)
124
Library Assistant
63
Library Technician
88
Maintenance Worker
76
Management Analyst Trainee
101
Neighborhood Council Specialist
101
Office Assistant
53
Park Caretaker
74
Park Supervisor
109
Parking Regulations Officer
83
Parks Equipment Operator
98
Permit Technician
86
Planning Technician
98
Plans Examiner
139
Plumber
102
Police Dispatcher
113
Police Investigative Aide
105
Police Investigator (Non -sworn)
123
Police Operations Assistant
93
Police Records Clerk
63
Police Records Supervisor
120
Property Agent
130
Property & Evidence Specialist I
92
37
NCMEA Agreement July 1, 2015 — June 30, 2018
CLASSIFICATION TITLE
RANGE
Property & Evidence Specialist II
112
Property & Evidence Unit Supervisor
123
Purchasing Clerk
76
Recreation Center Supervisor
95
Recreation Supervisor
112
Senior Accounting Assistant
92
Senior Building Inspector
133
Senior Civil Engineering Technician
123
Senior Code Conformance Officer
133
Senior Construction Inspector
133
Senior Equipment Operator
110
Senior Housing Specialist
126
Senior Librarian
134
Senior Library Technician
93
Senior Office Assistant
63
Senior Park Caretaker
82
Senior Traffic Painter
98
Sous Chef
63
Street Sweeper Operator
98
Stop Grant Office Coordinator
87
Storm Water Compliance Inspector
123
Supervising Custodian
67
Traffic Painter
86
Training Coordinator
74
Tree Trimmer
87
Wastewater Crew Chief
110
38
NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 22 - UNIFORMS
Section 1
The City will pay the yearly cost for uniforms and cleaning for those employees required to wear
uniforms as follows:
1. Public Works Employees: Public Works employees assigned to conduct City related
work in the field or custodial work in City facilities shall receive five (5) changes of
shirts and pants/shorts per week.
2. Nutrition Center: Five (5) changes of shirts and pants/shorts per week.
3. Police Department positions designated by the Chief of Police: Five (5) sets of
required clothing at hire with necessary replacements during ensuing years, and a
cleaning allowance of $10 per week. The City will also provide reimbursement for
required leather accessories to a maximum of $100 every four (4) years.
4. Fire Department: $650/year allowance will be provided to Fire Inspectors.
5. If employees are required by City Management to wear safety shoes or other specified
footgear, the City will provide it. If an employee wishes to have a pair of boots which
costs more than the boots being provided by the City, the employee may pay the
difference, provided the boots meet safety precautions of the City. The City and
MEA/SEIU agrees to form a committee to discuss, evaluate, and make recommendations
in good faith regarding the list of City provided safety equipment, including safety
shoes/footgear, safety glasses, and any other City provided safety items.
All employees of these departments who are provided uniforms must wear the uniform as provided by the
City.
With prior approval from the Department Director, uniforms may include, T-shirts with City and/or
Department logo identification. Uniform style and fabric (i.e., cotton vs. polyester, etc.) shall be mutually
agreed to between the City and MEA. Upon the written approval of the Department Head, employees
shall have the option to wear uniform shorts unless proven to be unsafe for the work being performed.
39
NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 23 - EQUIPMENT ALLOWANCE
Section 1 Tool Replacement Allowance
This article applies only to Equipment Mechanics, who are required to provide their own tools on the job
as a condition of employment.
Essential required tools and tool boxes will be replaced by the City in kind if they are lost due to fire,
burglary or robbery of the City facility or some other catastrophe or accident not due to the employee's
fault or negligence. An inventory of all employees' tools will be taken by the Public Works Director or
his/her designee at least once a year to ensure that the employee has all essential tools on hand.
A tool replacement allowance of $30 per pay period will be paid to the above positions to maintain the
essential tools inventory. Failure to maintain the essential tools inventory shall result on loss of tool
replacement allowance until such inventory is satisfied.
The parties agree to reopen negotiations on the tool allowance. The scope of negotiations will include
review of the appropriate tools needed for the impacted classifications, the list of required tools, the
amount of the tool allowance, and the method of reimbursement for the tool allowance.
Section 2 Safety Glasses and Goggles
Any safety glasses or protective goggles required by the City employees shall be provided at no cost to
the employee. Such requirement shall be determined by the department head or the Risk Manager.
40
NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 24 - WORK DAY, WORK WEEK, PAY PERIOD AND PAY DAY
Section 1 Workday
The workday shall normally be eight (8) hours to ten (10) hours in length and the normally scheduled
workweek is 40 hours. On request by the employee, the scheduled hours of the workweek may be
modified by the department director on an individual basis subject to approval by the City Manager only
to the extent that City offices maintain current availability to the public and that the modification does
not create overtime pay in any given workweek. In making the determination on the acceptability of
modification, the department 'director will consider the effect of the modification on the department's
ability to deliver services efficiently and on a timely basis. Approval of any individual request shall not
entitle any other employee of the same modification, and the department director may withdraw approval
if the modification creates a hardship for the department.
Call-back and on -call time are excluded from the computation of the hours paid for the purposes of
overtime. All work days exceeding five (5) hours length shall include at least a 30-minute period for
lunch break without pay with the exception of Police Dispatchers. A maximum of fifteen (15) minutes
paid time for rest shall be provided for each four (4) consecutive hours work and may be taken as
assigned by the employee's supervisor.
Police Dispatchers shall work four (4) ten (10) hour days per week, including two (2) 17.5 minute rest
periods, and one-half (1/2) hour paid lunch break.
1) Every effort will be made to have Police Dispatchers receive their paid meal breaks (30
minute break) as circumstances permit but there is no guarantee. Employees are subject to
call back from breaks during emergencies and/or when the volume of activity requires such
staffing.
2) Employees shall not combine two or more rest periods into one rest period, except as
approved by the unit's sworn supervisor or Chief of Police during non -routine and/or
unexpected circumstances.
3) Employees shall not save rest / meal periods to justify shortened work days.
Starting and stopping work times are designated by the department director for the scheduled work day.
Employees will be notified of their work hours. When there is a change of work hours of over one (1)
hour for more than five (5) consecutive working days, the employee will receive a ten (10) working day
notice before such change is made, unless mutually agreed to by the employee and the supervisor.
The department director retains the right to make immediate changes to resolve unforeseen problems, and
will provide at least three (3) day notice in such instance, and pay the first two (2) days worked of the
change at the overtime rate.
41
NCMEA Agreement July 1, 2015 - June 30, 2018
Section 2 Workweek
The workweek shall consist of seven (7) consecutive calendar days beginning on Tuesday at 7:00 a.m.
with at least two (2) consecutive days off.
Section 3 Pay Period
Pay period shall consist of fourteen (14) calendar days commencing 07/01/86.
Section 4 Pay Day
Except in the case of unusual and compelling circumstances or an extreme emergency, pay day shall be
every other Wednesday. If Wednesday is a fixed holiday, it shall be the previous work day.
Section 5 Alternate Work Schedules
The City and Association agree to implement a 4/10 work schedule. The target turn -on date will be mid -
late February, 2006.
The City Manager has the ability to discontinue the 4/10 schedule with thirty days notice and will meet
and confer should such discontinuation be deemed necessary. The City Manager has sole discretion to
exempt any position or group of positions from 4/10 in order to fulfill delivery of City services.
The City and MEA will work jointly on the development of an optional flexible workweek schedule
program (including a 4/10 option) for Library Department employees. If agreement is reached by the City
and MEA, the terms of the flexible workweek schedule program will be incorporated by side letter.
The City and Association agree to incorporate the 9/80 side letter, with the provision that should a 4/10
schedule be unsuccessful the City will revert to the former 9/80 work schedule.
42
NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 25 - PAY DIFFERENTIALS
Section 1 Bilingual Pay
Current employees in designated positions who have successfully completed a Bilingual Performance
Evaluation administered by the Human Resources Department or provided other evidence acceptable to
the Human Resources Department of their competence, who are regularly required to use their bilingual
skills in Spanish, Tagalog or any other second language approved by the Human Resources Director,
shall receive a Bilingual pay differential of $50 per pay period. This differential would be subject to
termination, if due to change in assignment or position, the skill is no longer required by the City.
Each Department Director shall recommend the position to receive bilingual pay in writing to the Human
Resources Director for approval. Positions receiving bilingual pay shall be reviewed annually by the
Human Resources Director and an MEA Representative.
Section 2 Acting Assignment Pay
When an employee is officially assigned to perform the duties of a higher paid classification for a period
exceeding 21 consecutive calendar days, such employee shall be compensated with a minimum of five
(5) percent above current salary during the first six (6) months of such assignment, and ten (10) percent
for time assigned in such status after six (6) consecutive months beginning at the start of the pay period
closest to the 21st calendar day of such acting assignment. The duration of acting pay assignments shall
not exceed one (1) calendar year.
Section 3 Sign Language Pay
Employees possessing sign language skills may register with the Human Resources Department and be
called to use those skills on an on -call basis. Employees who are called shall be paid $20 per occurrence
while on City time and $30 per occurrence when not on City time.
Section 4 Shift Differential
Employees shall receive a shift differential of $40 per pay period in which the majority of their regularly
scheduled shift is after 10:00 p.m. and before 6:00 a.m. the next day.
Section 5 Trainer Assignment Pay for Dispatchers
Dispatchers in the Police Department shall receive Trainer Assignment Pay equal to three percent (3%)
of base salary when assigned as a trainer for other dispatchers and the training is anticipated to last at
least one month. This pay differential will be determined on a daily basis and will not apply to days
when the trainer is absent from work or otherwise not engaged in performing the training function.
43
NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 26 - GRIEVANCE PROCEDURE
Section 1 Purpose
The purposes and objectives of the grievance procedure are to:
A. assure just treatment of all employees and promote harmonious relations among employees,
supervisors and management;
B. 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; and
C. resolve grievances as quickly as possible and correct, if possible, the causes of grievances
thereby reducing the number of grievances and future similar complaints.
Section 2 Reviewable and Non -Reviewable Grievances
To be reviewable under the procedure, a grievance must:
A. concern matters or incidents that have occurred directly to the grievant and grievance is
presented to immediate supervisor within thirty (30) calendar days; and
B. result from an act or omission by management in violation of this MOU, other official City
policies, rules and regulations or Council resolutions relating to employer -employee relations;
and
C. arise out of a specific situation, act or acts complained of as being violated which resulted in
inequity or damage to the employee; and
D. specify the provision allegedly violated and the relief sought.
A grievance is not reviewable under this procedure if it is a matter which:
A. is reviewable under, or is subject to some other administrative procedure and/or Personnel rules
and regulations of the City, such as:
1. applications for changes in title, job classification, or salary;
2. appeals arising from termination of employment during probationary period.
B. would require a change in prevailing ordinances, resolutions, or contracts or to circumvent
existing avenues of relief where appeal procedures have been prescribed;
C. would require the "meet and confer" process for desired change.
44
NCMEA Agreement July 1, 2015 — June 30, 2018
Section 3 Determination of Reviewability
Once a formal written grievance is received by the Department Director, it shall be reviewed by the
Human Resources Director as to whether it is a grievable issue. Such determination shall be final unless
the Association is not in agreement, then the final determination shall be made by the City Attorney.
Section 4 Consolidation of Grievances
If the grievance involves a group of employees or if a number of employees file separate grievances on
the same matter, the grievance shall, whenever possible, be handled as a single grievance.
A. Settlement. Any grievance shall be considered settled at the completion of any step if all parties
are satisfied or if the grievant party fails to present the matter to a higher authority within the
prescribed period of time. No settlement to any grievance shall be considered precedential or
bind the Association to any interpretation of this agreement, rules, regulations or policies of the
City or Department without the Association's express written consent.
B. Reprisal. The grievance procedure is intended to assure a grieving employee the right to present
a grievance without fear of disciplinary action or reprisal by the grievant's supervisor, superior or
department head, provided the employee observes the provisions of this grievance procedure.
Section 5 Grievance Procedure
The following procedure shall be followed by a grievant submitting a grievance:
1. Step One: Discussion with Supervisor. The grievant shall orally present the grievance to the
employee's supervisor within thirty (30) calendar days after the grievant knows or reasonably
should have known the event or events on which the grievance is based. Within fifteen (15)
calendar days, the supervisor shall give a decision to the grievant orally. Any agreement between
the grievant and the supervisor shall be subject to the approval of the Department Director before
it shall be deemed to "settle" the grievance.
2. Step Two: Written Grievance to Department Director. If the grievant and supervisor cannot
reach an agreement as to a solution of the grievance or the grievant has not received a decision
within fifteen (15) calendar day limit, the grievant may within fifteen (15) calendar days present
the grievance in writing to the Department Director. The Director shall hear the grievance and
give written decision to the grievant within fifteen (15) calendar days after receiving the
grievance.
3. Step Three: Grievance to City Manager. If the grievant and the Department Director cannot
reach an agreement as to the solution of the grievance or the grievant has not received a decision
from the Director within the fifteen (15) calendar day limit, the grievant may within fifteen (15)
calendar days present the grievance in writing to the City Manager. The City Manager shall hear
the grievance and give a written decision to the grievant within fifteen (15) calendar days after
receiving the grievance. The City Manager may designate another executive employee or a non -
employee of his choosing to act on his behalf.
45
NCMEA Agreement July 1, 2015 — June 30, 2018
Section 5 Grievance Procedure (continued)
At the hearing before the City Manager or his/her designee, the grievant may be represented by an
Association representative, or an attorney, and may produce on their behalf, relevant oral or documentary
evidence. Witnesses may be permitted. The hearing need not be conducted according to the technical
rules relating to evidence and witness. The parties may submit opening briefs to the City Manager (or
designee) at the commencement of the hearing. Unless otherwise agreed to by the parties, closing briefs
will not be permitted. The parties have the right to present a closing argument to the City Manager (or
designee) after both parties rest their case. A record of the proceedings shall be maintained, with
transcripts to be made available at cost to the grievant. The City Manager (or designee) shall thereafter
make written findings of fact and a disposition of the grievance. The decision of the City Manager (or
designee) shall be final.
Section 6 Special Provisions of the Grievance Procedure
A. Grievances may be initiated only by a grievant.
B. Prompt Presentation. The employee shall discuss the grievance with the employee's immediate
supervisor promptly within thirty (30) days after the act or omission of management causing the
alleged grievance.
C. Prescribed form. The written grievance shall be submitted on a form prescribed by the City for
this purpose. Departments shall maintain an adequate supply of such forms.
D. Employee Representative. The employee may be self represented or may choose someone as a
representative at any step of this grievance procedure.
E. Statement of Grievance. The grievance shall contain a statement of:
1. Specific situation, act or acts complained of as violation of this Agreement, or written
rules, regulations or policies;
2. The damage suffered by the employee; and
3. The relief sought.
F. A grievance may be discussed and processed on City time, except that no overtime, or additional
compensation shall be allowed if the proceedings extend beyond the employee's or
representative's workday or workweek. The employee and representative shall cooperate with
the Department in such a manner that there will be a minimum of interference with the normal
operations of the Department's work.
G. 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 consent of the parties involved.
46
NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 27 - MANAGEMENT RIGHTS
Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, it
is hereby mutually agreed that the CITY has and will continue to retain, regardless of the frequency of
exercise, rights to operate and manage its affairs in each and every respect. The rights reserved to the
sole discretion of the CITY shall include, but not be limited to the right:
To determine the mission of its constituent departments, commissions, boards; set standards of service;
determine the procedures and standards of selection for employment and promotions; direct its
employees; establish and enforce reasonable dress and grooming standards; determine the methods and
means to relieve its employees from duty because of lack of governmental operations; determine the
methods, means and personnel by which government operations are to be conducted; to modify shift
work time of a classification or position, when such modification will aid the City in its delivery of
services to the public; determine the content and intent of job classifications; approve or disapprove
secondary employment held by departmental employees; determine methods of financing; determine
style and/or types of City -issued wearing apparel, equipment or technology to be used; determine and/or
change the facilities, methods, technology, means, organizational structure and size and composition of
the work force and allocate and assign work by which the City operations are to be conducted; determine
and change the number of locations, relocations and types of operations, processes and materials to be
used in carrying out all City functions including, but not limited to the right to contract for or subcontract
any work or operations of the City; to assign work to and schedule employees in accordance with
requirements as determined by the City and to establish and change work schedules and assignments
upon reasonable notice; establish and modify productivity and performance programs and standards;
discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline
employees for cause; establish reasonable employee performance standards including, but not limited to,
quality and quantity standards; and to require compliance therewith; take all necessary actions to carry
out its mission in emergencies; and exercise complete control and discretion over its organization and the
technology of performing its work.
Those inherent managerial functions, prerogatives and policy making right whether listed above or not
which the CITY has not expressly modified or restricted by a specific provision of this Agreement shall
be carried out in accordance with applicable Civil Service Rules.
In exercising these rights the City shall comply with all applicable provisions of this MOU and all
applicable laws. The exercise of said rights shall not preclude employees or their representatives from
meeting and conferring as required by law with City management representatives about the practical
consequences that decisions on these matters may have on wages, hours and other terms and conditions
of employment. Such meeting and conferring shall take place prior to implementation except in case of
emergency or unforeseen circumstance. In the event of emergency or unforeseen circumstance the City
will meet and confer with NCMEA as soon as possible after implementation.
47
NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 28 - OBLIGATION TO SUPPORT
Section 1
The parties agree that subsequent to the execution of this MOU and during the period of time said MOU
is pending before the City Council for action, neither the NCMEA, nor management, nor their authorized
representatives, will appear before the City Council or meet individually or privately with said members
of the City Council, to advocate any amendment, deletion or addition to the terms and conditions of this
MOU. It is further understood that this Article shall not preclude the parties from appearing before the
City Council to advocate or urge the adoption and approval of this MOU in its entirety.
Section 2
During the term of this MOU, NCMEA, its officers, agents and members agree that they shall neither
engage in, nor encourage, nor will any of its members or representatives take part in any strike, work
stoppage, slowdown, sick -in or other concerted action which adversely impacts the provision of
governmental services including refusal to work.
Section 3
During the term of this MOU, if an employee participates in any manner in any strike, work stoppage,
slowdown, sick -in or other concerted action which adversely impacts the provision of governmental
services including refusal to work or participates in any manner in any picketing other than informational
or impediment to work in support of any strike, work stoppage, slowdown, sick -in or other concerted
action which adversely impacts the provision of governmental services including refusal to work or
induces other employees of the City to engage in such activities, such employee shall be subject to any
action or remedy legally available to the City.
48
NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 29 - AGREEMENT, MODIFICATION, WAIVER
A. This Memorandum of Understanding sets forth the full and entire agreement of the parties
regarding the matters set forth herein, and any prior or existing understanding or agreements over
these matters between parties, whether formal or informal, are hereby superseded, or terminated
in their entirety.
B. No agreement, alteration, understanding, variation, waiver of modification of any of the terms or
provisions contained herein shall in any manner be binding upon the parties hereto unless made
and executed in writing and affixed hereto by all parties and approved by the City Council.
C. The waiver of any breach, term or condition of this Memorandum by either party shall not
constitute a precedent in the future enforcements of all of its terms and provisions.
D. The provisions of this MOU shall not be revised during the term of this MOU without mutual
written approval of the parties except as set out in Article 19 of this MOU, or in the event that
the City determines that a citywide lay-off is necessary.
49
NCMEA Agreement July 1, 2015 — June 30, 2018
ARTICLE 30 - DURATION OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective July 1, 2015 and shall remain in full force and effect until June 30, 2018,
and from year to year thereafter, until a successor agreement is agreed or impasse proceedings are
completed.
Both parties mutually agree to begin a good faith meet and confer process for the successor MOU by
March 1, 2018, and strive to complete negotiations by June 15, 2018. Should the City or NCMEA be
unable to reach agreement on a new MOU by June 15, 2018, the City or NCMEA may declare impasse,
as outlined in the Employer -Employee Relations Policy, so that negotiations may be completed before
the expiration of this MOU.
During the fiscal year 2016-2017 and 2017-2018, either Party may request to reopen the terms of the
MOU on non -economic articles subject to mutual agreement of the other party. A party may initiate this
process by sending written notice to the other and if agreed by the other party, negotiations will
commence within 15 calendar days unless another date is mutually agreed upon by the parties. Article(s)
to be re -opened must be mutually agreed upon by both parties. Any changes to articles of the MOU
reopened under this section can only be implemented by mutual agreement and these discussions are not
subject to the impasse provisions under the Employer -Employee Relations Policy.
50
NCMEA Agreement July 1, 2015 —June 30, 2018
ARTICLE 31- DEFINITIONS
Refer to definitions contained in the Civil Service Rules.
51
NCMEA Agreement July 1, 2015 — June 30, 2018
RESOLUTION NO. 2015 — 90
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A THREE YEAR MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES'
ASSOCIATION FOR THE PERIOD JULY 1, 2015 THROUGH JUNE 30, 2018
WHEREAS, on June 17, 2014, the City Council of the City of National City
approved a two year Agreement between the City and the National City Municipal Employees'
Association ("NCMEA"), represented by the Service Employees' International Union; and
WHEREAS, the Agreement, scheduled to expire June 30, 2016, included a
provision allowing for a reopener of Article 21 on the issue of salary increases; and
WHEREAS, after NCMEA's timely triggering of the reopener provision (the
deadline was March 1, 2015), both sides agreed to work toward an extension of the Agreement
beyond the scheduled June 30, 2016 expiration. In doing so, it was agreed that proposals
related to other articles of the MOU would be accepted and considered by both sides; and
WHEREAS, having met and conferred in good faith through a series of meetings,
City representatives and NCMEA representatives reached a tentative agreement that extends
the term of the Agreement to June 30, 2018 with revisions to Article 2, Holidays; Article 8, Sick
Leave with Pay; Article 21 Wage and Salary Schedule; and, Article 30, Duration of MOU. With
NCMEA's members having voted to ratify the Agreement, staff recommends City Council
approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves a three year Memorandum of Understanding between the City of
National City and the National City Municipal Employee's Association for the period July 1, 2015
through June 30, 2018.
ATTEST:
PASSED and ADOPTED this 16th day of June, 2015.
Michael R. Dalla, Cif/Clerk
PPROVED AS TO FOM:
audia Gac tua Si
City Attorne
Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on June 16,
2015 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City lerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-90 of the City of National City, California, passed and adopted
by the Council of said City on June 16, 2015.
City Clerk of the City of National City, California
By:
Deputy
Coy, -y- �3
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: June 16, 2015
AGENDA ITEM NO.11
ITEM TITLE:
Resolution of the City Council of the City of National City approving a three year Memorandum of Understanding (MOU)
between the City and the National City Municipal Employees' Association for the period July 1, 2015 through June 30,
2018.
PREPARED BY: Stacey Stevenson
PHONE: 336-4308
EXPLANATION:
On June 17, 2014, the City Council of the City of National City approved a two year agreement between the City
and the National City Municipal Employees' Association (NCMEA), represented by the Service Employees'
International Union. The agreement, scheduled to expire June 30, 2016 included a provision allowing for a
reopener of Article 21 on the issue of salary increases. After NCMEA's timely triggering of the reopener provision
(the deadline was March 1, 2015), both sides agreed to work toward an extension of the agreement beyond the
scheduled June 30, 2016 expiration. In doing so, it was agreed that proposals related to other articles of the MOU
would be accepted and considered by both sides.
DEPARTMENT: Human Resources
APPROVED BY:
Having met and conferred in good faith through a series of meetings, City representatives and NCMEA
representatives reached a tentative agreement that extends the term of the agreement to June 30, 2018 with
revisions to Article 2, Holidays; Article 8, Sick Leave with Pay; Article 21, Wage and Salary Schedule; and
Article 30, Duration of MOU. With NCMEA's members having voted to ratify the agreement, staff recommends
City Council approval. A summary of the terms is included as an attachment.
FINANCIAL STATEMENT: APPROVED: `71w4! ,{— Finance
ACCOUNT NO. APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, is not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the resolution approving a three year Memorandum of Understanding with the National City Municipal
Employees' Association for the period July 1, 2015 through June 30, 2018.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Summary of Tentative Agreement
Resolution
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NEGOTIATIONS BETWEEN CITY OF NATIONAL CITY
AND
MUNICIPAL EMPLOYEES ASSOCIATION
TENTATIVE AGREEMENT
May 26, 2015
In accordance with the signed Ground Rules, the City of National City (City) and the Municipal
Employees' Association (MEA) enter into the following tentative agreement.
ARTICLE 8 — SICK LEAVE WITH PAY
Section 1 Sick Leave Definition
Sick leave is the necessary absence from duty of an employee for:
A. Diagnosis, care, or treatment of the employee's existing health condition or preventive
care for an employee; or
B. The serious disability of the employee while on a scheduled vacation
C. The absence of an employee for authorized medical or dental care.
D. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an
employee's family member. For the purposes of using sick leave under this policy only,
"family member" shall mean an employee's parent, child, spouse, registered domestic
partner, parent -in-law, sibling, grandchild or grandparent.
E. The death of an immediate family member.
In addition, an employee who is a victim of domestic violence, sexual assault, or stalking may
use accrued paid sick leave under this policy for the following reasons:
1. To obtain or attempt to obtain any relief, including, but not limited to, a temporary
restraining order, restraining order, or other injunctive relief, to help ensure the health,
safety, or welfare of the victim or the victim's child;
2. To seek medical attention for injuries caused by domestic violence, sexual assault, or
stalking;
3. To obtain services from a domestic violence shelter, program, or rape crisis center;
4. To obtain psychological counseling related to an experience of domestic violence, sexual
assault, or stalking;
5. To participate in safety planning and take other actions to increase safety from future
domestic violence, sexual assault, or stalking, including temporary or permanent
relocation.
Section 4 Limitation on Time Chargeable to Sick Leave
A. No person shall be entitled to sick leave with pay while absent from duty on account of
any of the following causes:
1. Sickness sustained while on leave of absence other than his/her regular vacation.
2. No paid sick leave shall be granted in excess of the employee's sick leave credit.
B. Absence that is chargeable to sick leave in accordance with this Chapter, shall be charged
in the amount not smaller than fifteen (15) minutes.
Section 5 Sick Leave Compensation
A. In order to receive compensation while on sick leave, the employee shall notify:
1. The immediate supervisors, or;
2. The department head, or;
3. In the event of the unavailability of either, the senior department representative available.
B. Notification shall be made prior to or not later than the beginning of the work day/shift in
the employee's respective department. If the need for paid sick leave is unforeseeable, the
employee shall provide notice of the need for the leave as soon as practicable.
Compensation is contingent upon approval from the appropriate department director.
C. The department head may waive the above requirements, if in his/her opinion, an
emergency or other exceptional circumstance so warrants. Computation of sick leave
shall not include regular days off or holidays, provided these are not in conflict with the
established schedule within each department.
ARTICLE 2 — HOLIDAYS
Section 5 Holiday Closure
City facilities will close for a period of approximately two weeks in December of each year of
the agreement with time off for non -essential personnel.
1. In calendar year 2015, the closure will include a 40 hour unpaid work furlough to be deducted
over the 26 pay periods of the 2016 Fiscal Year beginning with the first full pay period in July
2015.
2. In calendar years 2016 and 2017, employees may elect to use accrued leave balances (vacation
comp time, or floating holidays) in lieu of furlough deductions over 26 pay periods to cover the
two week holiday closure. To exercise this option, the employee must notify Human Resources
by the end of the business day at the end of the first full week in June of each year. If the
employee's accrued leave balances are insufficient to cover the entire holiday closure, the
remaining balance of the holiday closure will be deemed unpaid time off with a corresponding
deduction in the employee's pay check for the pay period.
3. The City facilities shall close except for emergency services, including Fire, Police and other
personnel deemed emergency services essential personnel. Any employee subject to the furlough
that is required to work in the performance of services deemed to essential during the furlough
period shall be credited with corresponding furlough leave hours.
4. The following calendar is based on the City's current 4/10 workweek. A change in the workweek
schedule would result in a modification of the calendar.
2015 Holiday Closure
Dec 21 accrued leave
Dec 22 & 23 furlough days
Dec 24 holiday (Christmas Eve)
Dec 28 & 29 furlough days
Dec 30 & 31 accrued leave
2016 Holiday Closure (Revised)
Dec 21 accrued leave
Dec 22 holiday (Christmas Eve)
Dec 26 holiday (Christmas)
Dec 27 — 29 furlough or accrued leave
Jan 2 holiday (New Years)
Jan 3 furlough or accrued leave
2017 Holiday Closure
Dec 20 furlough or accrued leave
Dec 21 holiday (Christmas Eve)
Dec 25 holiday (Christmas)
Dec 26 furlough or accrued leave
Jan 1 holiday (New Years)
Jan 2 & 3 furlough or accrued leave
ARTICLE 21— WAGE AND SALARY SCHEDULE
Section 1.3
Effective the first full pay period in July 1, 2015, the City will increase employees salary by 2%
for all employees represented by MEA. This COLA increase is in addition to the stipend MEA
members are entitled to under Article 21, Section 1.
Section 1.4
Year 2.
At the City's expense, the City will conduct and complete a total compensation study of MEA
positions. The City will meet and consult with MEA on the agencies and positions selected for
the total compensation survey. The City retains the authority to select the vendor and determine
the methodology for the total compensation survey. After the total compensation survey is
completed and the results of the survey are provided to MEA, the parties will reopen negotiations
no later than March 1, 2016 on the single subject of implementing the results of the total
compensation survey and will consider the following factors, including but not limited to:
• Determine the appropriate wage increases for MEA positions which are below market
• Recruitment and retention challenges of any particular classifications(s)
• The extent the classification is below market average
• Operational needs of the City
The total amount available for increases to compensation for below market MEA positions will
be equal to 4% of total compensation for all employees represented by MEA and the total
amount available shall be used in its entirety for increases to compensation for MEA positions.
All increases to compensation will be effective the first full pay period in July 1, 2016.
Section 1.5
Effective the first full pay period in July 1, 2017, the City will increase employees salary by 2%
for all employees represented by MEA.
Article 30 — Duration of Memorandum of Understanding
This MOU shall be effective July 1, 2015 and shall remain in full force and effect until June 30,
2018, and from year to year thereafter, until a successor agreement is agreed or impasse
proceedings are completed.
Both parties mutually agree to begin a good faith meet and confer process for the successor
MOU by March 1, 2018, and strive to complete negotiations by June 15, 2018. Should the City
or NCMEA be unable to reach agreement on a new MOU by June 15, 2018, the City or NCMEA
may declare impasse, as outlined in the Employer -Employee Relations Policy, so that
negotiations may be completed before the expiration of this MOU.
During the fiscal year 2016-2017; and 2017-2018, either Party may request to reopen the terms
of the MOU on non -economic articles subject to mutual agreement of the other party. A party
may initiate this process by sending written notice to the other and if agreed by the other party,
negotiations will commence within 15 calendar days unless another date is mutually agreed
upon by the parties. Article(s) to be re -opened must be mutually agreed upon by both parties.
Any changes to articles of the MOU reopened under this section can only be implemented by
mutual agreement and these discussions are not subject to the impasse provisions under the
Employer -Employee Relations Policy.
For National City
B
For NCMEA
B
Timothy L. avis Jame Slade
President, NCMEA
David Garcias
President, SEIU Local 221
CALIFORNIA
WINE e
INCORPORATED
CITY OF NATIONAL CITY
MEMORANDUM
DATE: August 19, 2015
TO: Mike Dalla, City Clerk/Records Management Officer
FROM: Lilia Munoz, Human Resources Analyst
SUBJECT: Municipal Employees' Association MOU
Attached for file is the original copy of the Municipal Employees' Association (MEA)
MOU.
If you have any questions, please contact me.
Attachment:
1. Original MEA MOU