HomeMy WebLinkAboutCC Res 3712 1987-08-03
RESOLUTION NUMBER .::J1/tiZ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, A CHARTER CITY,
ESTABLISHING SALARY RATES, A SALARY AND WAGE
SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF
CERTAIN EMPLOYEE BENEFITS FOR THE ORANGE
COUNTY EMPLOYEES~ ASSOCIATION AND REPEALING
ON THE EFFECTIVE DATES SPECIFIED A~L
RESOLUTIONS IN CONFLICT THEREWITH
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES:
Section 1.
The Memorandum of Understanding between the City
of Seal Beach and the Seal Beach Chapter of tne
Orange County Employees Association is indicated
in Appendix A and is attached hereto and made a
part hereof. Upon adoption of this resolution,
the wage increases, employee benefits and working
conditions contained are effective upon the dates
specified.
Section 2.
The provisions of this resolution relating to
salary rates shall become effective as listed in
Appendix A.
PASSED, APPROVED AND ADOPTED BY THE City CouncH .lo~ the City of
a Beach, at a meeting thereof held on the ~ day of
. 1987, by the followin vote: ---
ABSENT:
Councilmembers
,7d~
Councilmembers
NOES:
Councilmembers
- ~~) ~.~
Mayor
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
ATTEST:
I, Joanne, M. Yeo, City Clerk of Seal Beach, California, do
her~by certify that t~~2'~gOing resolution is the original copy
of Resolution Number ~ on file in the office of the City
Clerk, passed, approve and adopted by the City Council of the
C y f Seal Beach, regul r meeting thereof held on the
day of , 1987.
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Resolution Number ~~~
APPENDIX A
THI'S MEMORANDUM OF UNDERSTANDING IS BY AND BETWEEN THE MANAGEMENT
REPRESENTATIVE OF THE CITY OF SEAL BEACH, hereinafter referred to
as "Management"
and
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THE SEAL BEACH CHAPTER OF THE ORANGE COUNTY EMPLOYEES
ASSOCIATION, an association of employees of the City of Seal
Beach, hereinafter referred to as "Association."
WHEREAS, Association petitioned City in accordance with
provisions of Ordinance Number 769, and was granted
certification as a recognized employee organization
representing all full-time non-safety employees of the
City except those employees determined to be
professional, confidential, administrative, management
and certain specified supervisory employees; and
WHEREAS, the Seal Beach Chapter of the Orange County Employees
Associstion submitted a petition for recognition to
include non-sworn employees of the Police Department;
and
WHEREAS, the City of Seal Beach approved the inclusion of the
non-sworn police department employees in accordance
with provisions of Ordinance Number 769 and State laws;
and
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WHEREAS, the City of Seal Beach scknowledges that non-sworn
employees of the Police Depsrtment are no longer a part
of the management non-represented employee group, but
are now represented by OCEA and that provisions of this
Memorandum of Understsnding apply to non-sworn
employees of the Police Department; and
WHEREAS, the duly appointed recognized employee representatives
of Association and Management representatives
representing the City of Seal Beach have met and
conferred in good faith on numerous occasions
concerning wages, hours and terms and conditions of
employment in conformance with the terms, conditions,
and provisions of Ordinance Number 769 and State laws;
and
WHEREAS, Association and the Manage~ent representatives have
mutually agreed to recommend to the City Council of the
City of Seal Beach the terms, conditions, hours and
wages pertaining to employment with the City for those
employees represented by Association, as set forth in
this Memorandum of Understanding.
Section 1. Effective Date
This Memorandum of Understanding shall be effective by and
betweens Management and Association upon execution by Management
and the required number of the duly authorized recognized
representatives of AsSOCiation.
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Section 2. Term of Memorandum of Understanding
This Memorandum of Understanding shall remain in full force and
effect until midnight, June 30, 19B8.
MANAGEMENT RIGHTS AND RESPONSIBILITIES
Section 3. Management Rights and Responsibilities
This City reserves, retains and is vested with solely and
exclusively, all rights of Management which have not been
expressly abridged by specific provisions of this Memorandum of
Resolution Number .:Ji'I'~
Understanding or by law to manage the City, as such rights
existed prior to the execution of this Memorandum of
Understsnding. The sole and exclusive rights of Management, as
they are not abridged by this Agreement or by law, shall include
but not be limited to, the following rights:
A. To manage the City generally and to determine the
issues of policy.
B.
To determine the existence or nonexistence of facts
which are the basis of the Management decision.
C.
To determine the necessity and organization of any
service or activity conducted by the City and expand or
diminish services.
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D. To determine the nature, manner, means and technology
and extent of services to be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be
used.
G. To 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.
H. To 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 contrsct
for or subcontract any work or operation of the City.
I.
To assign work to and schedule employees in accordance
with requirements set forth in previous agreements, and
to establish and change work schedules and assignments
upon reasonable notice insofar as such changes do not
conflict with previous Memorandum of Understanding.
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J. To layoff employees from duties because of lack of work
or funds, or under conditions where continued work
would be ineffective or non-productive.
K. To establish and modify productivity and performance
programs and standards.
L. To discharge, suspend, demote, reprimand, withhold
salary increases and benefits, or otherwise discipline
employees for cause.
M. To determine minimum qualifications, skills abilities,
knowledge, selection procedures and standards, job
classifications and to reclassify employees in
accordance with this Memorandum of Understanding and
spplicable resolution and codes of the City.
N.
To hire, transfer, promote and demote employees for
non-disciplinary reasons in accordance with the
Memorandum of Understanding and applicable resolution
and codes of the City.
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O. To determine policies, procedures and standards for
selection, training and promotion of employees in
accordance with this Memorandum of Understanding and
applicable resolution and codes of the City.
P. To establish reasonable employee performance standards
including but not limited to, quality and quantity
standards and to require compliance therewith.
Resolution Number:!7/,.;1.J
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Q. To maintain order and efficiency in its facilities and
operation.
R. To eatablish and promulgate and/or modify rules and
regulations to maintain order and safety and which are
not in contravention with the Agreement.
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S. To restrict the activity of an employee organization on
municipal property and on municipal time except as set
forth in this Memorandum of Understanding.
T.
To take any and all necessary action to carry out the
mission of the Agency in emergencies.
ADMINISTRATION
Section 4. Administration
A. City shall provide a bulletin board in each of the
following locations: Corporation Yard, Administration
Building. Such bulletin boards to be available for the
purpose of posting notices pertsining to AsSociation
business only. Association shall not use any other
bulletin board within City facilities.
B. City recognizes Association~s right to appoint or elect
representatives to meet and confer with City~s
management representatives on salaries, wages, and
terms and conditions of employment. Association agrees
to notify City in writing as to the identity of the
representatives and of subsequent appointments, if any.
Association and City agree that employees appOinted or
elected as ASSOciation representatives shall be
required to work full time.
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C.
Management agrees that the recognized representatives
of Association, not exceed six (6) in number and shall
be entitled to meet and confer with Management during
said recognized representatives~ normal working hours
without suffering any loss in pay while absent from the
duties for such purpose, providing that such time shall
not exceed two hours in anyone week unless agreed to
by management. Management also agrees that such
representatives may utilize not more than one hour per
month or twelve hours per year, without suffering any
loss in pay for such absence for the purpose of meeting
with employees who are members of Association and/or
other offices of Association.
D. It is recognized and agreed that no Association
business and/or meetings will be conducted and/or
attended by employees of City during their respective
hours of duty and work unless specified herein.
E. Representatives and/or officers of Association shall
not interrupt the work of any employee of City at any
time to conduct business or other matters connected
with A~sociation without prior consent of Management.
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WAGES AND SALARIES
Section 5. Wages and Salaries
A. The salary schedule for each position classification
affected is hereby determined and established as
indicated below to be paid in accordance with the
salary range schedule adopted by City CounCil, included
as Exhibit A, and shall become effective July 1, 1987:
Resolution Number ~~J'~
POSITION
RANGE
Electrician
Sr. Water Utility Operator
Mechanic
Leadperson
Clerk Dispatcher
Carpenter
Motor Sweeper Operator
Water Utility Operator
Animal Control Officer
Maintenance Worker II
Parking Control Officer
Water Meter Reader
Police Records Clerk
Secretary
Account Clerk
Maintenance Worker I
Typist Clerk
238
224
218
212
207,
203
203
193
191
187
.173
"167
167
167
167
162
129
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B. Association agrees that if in the sole opinion of
Management because of recruitment, retention or other
reasons, other upward salary adjustments are necessary,
Management will meet and confer with Association on any
recommended adjustments prior to recommendation to the
City Council.
C. It is understood and agreed that agreed-upon employees
may be classified as confidential or supervisory
employees.
D.
For any and all position classifications not listed in
this section, said classifications not having personnel
employed by City, salary adjustment, if any, may be
recommended by Management without further consultation
or approval of Association.
PAYROLL DEDUCTIONS
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Section 6. Payroll Deductions
The City shall not be required to make payroll deductions for any
other items or reasons except as specified in this Memorandum of
Understanding. Management shall determine in the interest of
cost and efficiency as to whether said deductions shall be on a
monthly basis or on each semi-monthly payroll. Management may
require notice from employee of any change or modification in any
payroll deduction authorized in this section of this Memorandum
of Understanding. Said notice may be required at least ten (10)
days prior to the effective date of said requested modification
or change. Management agrees that payroll deductions are
authorized for purposes of any employee depositing funds or
making payments directly to a federal credit union providing that
any deduction shall not be less than five dollars ($5.00) on a
monthly basis, or two dollars and fifty cents ($2.50) if semi-
monthly deductions for such purpose as authorized by Management.
City agrees to deduct regular monthly Association dues from
salary or wages of any Association member when authorized to do
so by said City employee in writing in a form satisfactory to
City and to remit such deductions to Association within (15) days
after making such deduction from an employee's salary or wages,
and within the terms of the signed deduction authorization of
such City employee. The deduction of such Association dues and
the remittal of same by City to Association shall constitute
payment of said dues of such employee and member of Association.
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SCHEDULING
Section 7. Scheduling
Up to and including the contract year ending June 30, 1988,
Management agrees to not demand changes in the scheduling plan as
it exists in the Public Works Department at the signing of this
agreement, specifically the four-day plan.
Resolution Number
':#:1/ .z
UNIFORM ALLOWANCE
Section 8. Uniform Allowance
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A. Public Works Department Employees
Each employee of the Department of Public Works, except
clerical, engineering and related classifications as
determined by the City Manager, shall be entitled to
uniform service. The City shall pay the total cost of
renting and laundering uniforms (designated by the
Department Head) for each eligible employee.
B.
Police Department Employees (Non-Sworn Members)
Each non-sworn employee of the Police Department,
including the classifications of Typist Clerk, Clerk
Dispatcher, Secretary, Police Records Clerk, Animal
Control Officer and Parking Control Officer assigned to
wear a uniform as a condition of employment shall be
entitled to a sum of thirty-five dollars ($35.00) per
month per employee to be paid on a semi-annusl basis.
In addition, new employees of non-sworn status in the
Police Department shall receive initial uniforms as
determined by the Chief of Police.
C. City agrees to provide acceptable safety shoes at
current market prices for authorized employees of the
Public Works Department.
LEAVE TIME
Section 9. Leave Time
II
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A.
All full-time employees who have at least one year of
continuous service as a full-time permanent employee
shall earn leave hours in accordance with parsgraph E
below.
B. Leave hours may be used for, but not limited to, the
following purposes: vacation, sick leave, bereavement,
personal leave. All leaves, other than sick leaves,
must be approved in advance by the employee~s
department head.
C. The department head may require employee~s to present
proof of illness for sick leaves in excess of twenty-
four (24) hours.(3 working days)
D. Employees who are on authorized leaves of absence,
without pay, shall not accrue lesve hours during said
leaves of absence.
E.
The leave time sccrual schedule shall be as follows:
Yrs of Compo Servo Leave Hours Earned Maximum Accrual
1 200 440
2 200 440
3 200 440
4 200 440
5 200 440
6 208 456
7 216 472
8 224 488
9 232 504
10 240 520
11 248 536
12 256 552
13 264 552
14 272 552
15 280 552
Resolution Number ~)11'~
In no case shall the maximum accrual exceed 552 hours.
In no case shall the hours earned exceed 280 hours per
year.
F. An employee may not accrue leave hours in excess of the
maximum accrual schedule. Hours in excess of the
maximum accrual will be forfeited.
G.
Effective July 1, 1987 all employees with existing
vacation balances shall have those balances converted
to lesve time on an hour for hour basis.
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H.
Effective July 1, 1987 employees will n~ longer accrue
sick leave hours. Existing sick leave balances will
remain intact and may be utilized by the employee for
sick leave purposes only. Existing sick leave balances
may be converted to leave time hours, at the option of
the employee, at the ratio of one-quarter (1/4) hour of
leave time for every hour of sick leave. The decision
to convert sick lesve hours to leave time hours must be
done by January 1, 1988. No conversion will be made
after that date.
I. Upon termination of employment with the City, all leave
hours will be paid to the employee at the employee's
base rate of pay.
INSURANCE PROGRAMS
Section 10. Insurance Programs
A. Administration
The City reserves the right to select, change,
administer or fund any fringe benefit programs
involving insurance that now exists or may exist in the
future during the term of this Memorandum of
Understanding.
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B. Selection and Funding
In the administration of fringe benefit programs
involving insurance, the City shall have the right to
select any insurance carrier or other method providing
coverage to fund the benefits provided hereinafter
during the term of this Memorandum of Understanding.
C. Changes
Provided, however, that the City shall notify the
Association prior to any change of insurance carrier or
method of funding coverage for any fringe benefits
provided hereinafter during the term of this Memorandum
of Understanding. No changes in insurance carrier or
methods of funding coverage shall result in the
reduction of any benefits to any employee covered by
this agreement, irrespective of the carrier or plan in
effect from time to time. Within the term of this
agreement, the City may provide an alternative Health
Plan.
D.
Coverage - Health Insurance
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l. The City shall provide for eligible employees a
group hospital, medical and dental insurance plan.
2. The City shall contribute to the cost of each
medical/dental plan for each eligible employee and
their dependents, up to the following amounts:
-For single employees . . . . . . . . . . . $115/month.
-For employee and 1 dependent . . . . . . . $242/month.
-For employee and 2 or more dependents. . . $321/month.
Resolution Number ~~~
Employees enrolled in the plan are required to pay any
premium amounts in excess of the above City contribution.
Such amounts will be deducted from the affected employee~s
payroll check on the first two pay periods for each month.
3. The City shall not change medical/dental insurance plans
during the term of this agreement without first meeting and
conferring on the proposed change.
4. Part-time, seasonal, provisional and/or hourly employees
shall not be eligible for participation in this program.
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5.
No person who is eligible to receive Worker~s Compensation
benefita is eligible to receive benefits from the City~s
group medical insurance.
6. Full-time employees of the City who have completed thirty
(30) days of uninterrupted service shall be enrolled in this
insurance program on the first day of the next succeeding
month.
7. Employees who change classification from full-time to part-
time provisionsl, hourly or seasonal shsll not be eligible
for this benefit.
8. City shall not pay premiums for any employee on leave of
absence without pay, who is absent from regular duties
without authorization during the month and/or for any
employee who has terminated from City employment for any
reason. City shall pay premiums for employees receiving
temporary payments from Worker~s Compensation Insurance in
accordance with Section 10.D.2.
9.
Employees covered by this agreement have the option, upon
retirement, to continue participation in the City's health
insurance program at the retiree's expense. Employees who
retire with 30 years of continuous service shall have their
health insurance premiums paid by the City.
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LIFE INSURANCE
Section 11. Life Insurance
Management agrees to provide a group life insurance plan providing life
insurance coverage of Eleven Thousand Dollars ($11,000) for each full-time
classified non-safety employee represented by the Association, a double
indemnity accidental death benefit, and a dependent death benefit in the
amount of One Thousand Dollars ($1,000) per dependent. Said insurance
shsll become effective after a thirty (30) day waiting period.
INCOME CONTINUATION
Section 12. Income Continuation
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The City shall provide a group insurance plan ,for income continuation for
eligible employees. Said insurance to provide an income continuation of
Sixty-Six and Two-Thirds Percent (66.67%) of the employee~s monthly salary.
up to a maximum of Five Thousand Dollars ($5,000) per month, for a period
of time not to exceed the length of injury or illness, up to the age of 65.
Said insurance snaIl become effective sfter a thirty (30) day waiting
period.
BEREAVEMENT LEAVE
Section 13. Bereavement Leave
The City agrees to provide three working days bereavement leave with pay
for death in the immediate family. The bereavement leave shall not be
chargeable to or accumulate as sick time. "Immediate family" is defined as
spouse, the father, mother, son, dsughter, brother, aister, grandparents,
step-mother, atep-father, or dependent relatives living with the employee.
Resolution Number.:!?/:;'
HOLIDAYS
Section 14. Holidays
The City agrees to grant all employees on the ten-hour work day, forty-hour
work week, a full ten (LO) hours pay for each holiday recognized by City.
Every full-time employee of the City, except employees of the Police
Department who are classified as safety members of the Public Employees~
Retirement System, shall be granted the following holidays with pay:
New Year's Day (January L)
Washington's Birthday (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Veteran~s Day (November 11)
Thanksgiving Day (Fourth Thursday in November)
The Calendar Day following Thanksgiving Day
Christmas Day (December 25)
One (I) Floating Holiday*
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A total of 10 holidays annually.
*The floating holiday must be taken during the term of this agreement.
Floating holidays may not be carried forward beyond the term of this
agreement. Floating holidays must be approved by the department head.
OVERTIME AND CALL OUT PAY
Section L5. Overtime and CallOut Pay
D.
Callout and overtime pay shall be paid at the rate of time and
one-half the hourly rate. Minimum "callout" time shall be two
(2) hours.
Overtime will be paid in accordance with the Fair Labor Stsndards
Act.
Notwithstanding any provision of this section, employee shall be
entitled to select either compensated overtime or compensatory
time off subject to budget limitations and departmental rules and
regulations.
Non-sworn Police Department employees will be paid, with the
first pay period in December, for any comp time hours in excess
of 160 at that time. Compensation will be at the employee's
current rate.
II
A.
B.
C.
RETIREMENT SYSTEM
Section 16. Retirement System
The retirement program provided by the City shall consist of a depooled
PERS plan which includes the following provisions:
A.
B.
C.
Section 20024.2
Section 20862.9
Section 20930.3
One Year final compensation.
Credit for unused sick leave.
Military Service Credit.
The City shall pay that portion of the affected employee~a retirement
contribution that is equal to seven percent (7%) of the affected employees~ I
base salary.
EQUIPMENT CERTIFICATION PROGRAM
Equipment Certification Program
City agrees to maintain a program for certification for operation of
dangerous equipment to include a safety officer from among represented
employees.
Section 17.
Resolution Number a:fj1I'~
AUTOMOBILES AND MILEAGE
Section 18. Automobiles and Mileage
Officers and employees of the City, utilizing their privately-owned
automobiles for City business on a non-regular basis, shall be entitled to
reimbursement for costs incurred at the rate of 20 cents (20) per mile.
MOVE-UP PAY
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Section 19. Move-Up Pay
City agrees that employees assigned, in an acting capacity, to a higher
classification than the employees~ present classification for a period of
not less than 120 consecutive working hours shall be entitled to move-up
pay. In addition, employees who are assigned by the department director in
writing to regularly scheduled acting assignments of less than 120 hours
shall also be entitled to move-up pay. Move-up pay will be retroactive to
the first hour served in the higher classification and shall be paid at a
rate equal to the step of the higher classification but in no event shall
move-up pay be less than five percent (5%) more than the employee~s current
rate.
SHIFT DIFFERENTIAL
Section 20. Shift Differential
City agrees that employees in the Public Works Department who are assigned
duties between the hours of 4:00 a.m. and 6:30 a.m. shall be paid at a rate
of time and one-half for time worked during that period.
SENIORITY BONUS
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Section 21. Seniority Bonus
Employees who have achieved ten years of uninterrupted employment with the
City shsll receive a five percent (5%) increase in base salary effective on
the tenth anniversary of their employment.
STANDBY COMPENSATION
Section 22. Standby Compensation
A. Animal Control
Animal Control officers on standby assignment shall be
compensated at a rate of eight hours straight time pay and eight
hours of compensatory time earned per month.
B. Utilities Division:
1.
Each employee of the Utilities Division (Water, Sewer) who
is assigned by the Water Superintendent to standby duty will
be compensated for one (l) hour of overtime pay each weekday
of duty and four (4) hours of overtime on Saturday or
Sunday. The assignment to standby duty will be rotated
smong all water division personnel and other department
personnel possessing the proper water operators
certificstion and has a familiarity with the water and sewer
s}tstem.
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2.
No compensation will be provided personnel serving as
"backup" to the regularly scheduled person assigned to
standby duty.
3. Employees on standby duty who are called out will be
compensated in accordance with Section 15.
4. Employees assigned to standby duty are required to respond
to utility related emergencies on a twenty-four (24) hour
basis. However, in the event that a maintenance supervisor
or other maintenance employee cannot be contacted during
non-utility related emergency, the person assigned to
standby duty will be expected to respond upon notification.
Resolution Number .:r~~
5. Personnel assigned to standby duty are required to carry
with them or have nearby, a paging device (beeper) during
all non-regular working hours and also must confine their
activities to the extent that they remain within twenty (20)
minutes driving time of the City of Seal Beach at all times.
In addition, standby personnel will be required to have in
their possession a current roster listing each employee in
the Utility Division with their telephone number.
DISPATCHER TRAINING PAY
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Section 23. Dispatcher Training Pay
Dispatchers assigned by the Chief of Police to act as a trainer of newly
hired dispatchers shall be compensated an additional One Hundred Dollars
($100.00) per month or the pro-rata share thereof for time spent as ~
dispatcher trainer. Such pay shall not exceed six months in durstion.
Section 24. Maintenance Worker Merit Program
Under the provisions of this program all Maintenance Worker I employees
will become eligible to "promote" to the classification of Maintenance
Worker II providing the following conditions have been met:
1) The employee must have reached "E" step in the
classification of Maintenance Worker I.
2) The employee must have served in the capacity of Maintenance
Worker I "E" step for a minimum period of twelve months.
3) Employee must have been rated satisfactory on most recent
performance evaluation.
Any vacancies in the Maintenance Worker I or II work force will be
recruited at the Maintenance Worker I level.
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MERGER OF NEGOTIATIONS
Section 25. Merger of Negotiations
This Memorandum of Understanding represents the full and complete
understanding of every kind of nature whatsoever between the parties hereto
snd all preliminary negotiations and previous Memorsndum of Understanding
of whatsoever kind of nature are merged herein.
SEPARABILITY
Section 26. Separability
If any provision of the Memorandum of Understanding or the spplication of
such provision to any person or circumstance shall be held invalid, the
remainder of the Memorandum of Understanding or the application of such
provision to persons or circumstances other than those as to which it is
held invalid, shall not be affected thereby.
IN WITNESS HEREOF, the parties have hereto caused this Memorandum of
Understanding to be executed this ~9 day of .;rut. Y , 1988.
CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES
M /~ f~l ~ !JJL.,.g;1JJ.
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SEAL BEACH EMPLOYEES ASSOCIATION REPRESENTATIVES:
fJ~J). '+- &?~~
SUBJECT TO RATIFICATION BY CITY COUNCIL