2021-36 RESOLUTION NO. 2021-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA ACCEPTING AND ADOPTING A TENTATIVE
AGREEMENT AND ACCEPTING AND APPROVING A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF GRAND TERRACE
AND TEAMSTERS LOCAL 1932, FOR THE PERIOD OF JULY 1, 2021
THROUGH JUNE 30, 2024
WHEREAS, on December 5, 2019 Teamsters Local 1932 ("Teamsters"), an
employee organization, filed a request for recognition with the Public Employment
Relations Board ("PERB") seeking to represent a proposed "Miscellaneous Bargaining
Unit" of City of Grand Terrace ("City") employees; and
WHEREAS, on May 4, 2020, the parties participated in a PERB settlement
conference in the interest of promoting harmonious labor relations between the parties
and to avoid the uncertainty, inconvenience, and expense of litigation; and
WHEREAS, the City and Teamsters agreed Teamsters shall be recognized as the
exclusive employee organization for purposes of representing the proposed
Miscellaneous Bargaining Unit, which shall include all permanent and full-time
employees, and exclude all management, confidential, and supervisory employees; all
part-time, temporary, and at-will probationary employees; all retired annuitants; and the
classifications of Assistant Planner, Principal Accountant, and Management Analyst; and
WHEREAS, on May 26, 2020, the City Council approved the written settlement
agreement between the City and Teamsters; and
WHEREAS, the City and Teamsters bargaining representatives began negotiating
for a comprehensive memorandum of understanding ("MOU") pursuant to the Meyers-
Milias Brown Act ("MMBA"), codified at Government Code section 3500 et seq.; and
WHEREAS, the City and Teamsters representatives met and conferred in good
faith on wages, hours, and other terms and conditions of employment for the
Miscellaneous Bargaining Unit and reached a Tentative Agreement For A Memorandum
Of Understanding ("Tentative Agreement")for the period of July 1, 2021 through June 30,
2024; and
WHEREAS, on July 8, 2021, Teamsters ratified the Tentative Agreement by a vote
of its membership and Teamsters representatives have executed the same; and
WHEREAS, pursuant to Government Code Section 3505.1, upon reaching a
tentative agreement between the City's and Teamsters' authorized representatives, the
City Council of the City must vote to accept or reject the tentative agreement within thirty
(30) days of the date it is first considered at a duly noticed public meeting; and
CC Reso 2021-36 Page 1 of 3 August 24, 2021
WHEREAS, pursuant to Government Code Section 3505.1 if the governing body
adopts the tentative agreement, the parties shall jointly prepare a written memorandum
of understanding which has concurrently been prepared and signed by the
representatives of the City and the Teamsters, subject to City Council approval; and
WHEREAS, the City and Teamsters representatives met and conferred in good
faith and jointly prepared and signed a written memorandum of understanding covering
the period July 1, 2021 through June 30, 2024 ("MOU"), subject to City Council approval;
and
WHEREAS, once approved by the governing body of a local agency, such as the
City, the MOU becomes a binding agreement between the employee organization and
the local agency; and
WHEREAS, the City Council now desires to concurrently accept, adopt, approve
and implement the Tentative Agreement and the MOU between the City and Teamsters
for the period of July 1, 2021 through June 30, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated
herein by reference.
SECTION 2. The City Council hereby accepts, adopts, approves and implements
the Tentative Agreement for a Memorandum of Understanding between the City of Grand
Terrace and Teamsters Local 1932 for the period of July, 2021 through June 30, 2024, a
copy of which is attached hereto as Exhibit A.
SECTION 3. The City Council hereby accepts, adopts, approves and implements
the Memorandum of Understanding between the City of Grand Terrace and Teamsters
Local 1932, for the period of July 1, 2021 through June 30, 2024, a copy of which is
attached hereto as Exhibit B.
SECTION 4. The City Council hereby approves a budget appropriation in the
amount of $13,596 from the City's General Fund to fund the cost of the represented
employee salary increases and health insurance benefits as contemplated in the MOU
for the current fiscal year.
SECTION 5. This Resolution shall be effective as of the day that it is adopted. The
City Clerk shall certify to the adoption of this Resolution.
CC Reso 2021-36 Page 2 of 3 August 24, 2021
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace, California, at a regular meeting held on the 24th day of August 2021.
Bill Hussey, MayTr Pro Tern
ATTEST: . - -
aDebr L. Thomas
City:Clerk,.
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
CC Reso 2021-36 Page 3 of 3 August 24, 2021
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2021-36
was duly passed, approved and adopted by the City Council, approved and signed by
the Mayor, and attested by the City Clerk, at the regular meeting of said City Council
held on the 24th day of August 2021, and that the same was passed and adopted by the
following vote:
AYES: Council Members Allen, Robles; Mayor Pro Tem Hussey
NOES: None.
ABSENT: Council Member Wilson, Mayor McNaboe
ABSTAIN: None.
Executed this 26th day of August 2021, at Grand Terrace, California.
ebra L. Thomas -
City Clerk
E
TENTATIVE AGREEMENT
FOR A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF GRAND TERRACE
AND TEAMSTERS LOCAL 1932
August 18, 2021
On December 5, 2019, Teamsters Local 1932 ("Teamsters"), an employee organization, filed a
request for recognition with the Public Employment Relations Board ("PERB") seeking to
represent a proposed "Miscellaneous Bargaining Unit" of City of Grand Terrace ("City")
employees.
On May 4, 2020, the parties participated in a PERB settlement conference in the interest of
promoting harmonious labor relations between the parties and to avoid the uncertainty,
inconvenience, and expense of litigation, the parties agreed that Teamsters would be the
recognized and exclusive employee organization for the Miscellaneous Bargaining Unit which
shall include all permanent and full-time employees, and exclude all management, confidential,
and supervisory employees; all part-time, temporary, and at-will probationary employees; all
retired annuitants; and the classifications of Assistant Planner, Principal Accountant, and
Management Analyst.
On May 26, 2020, the City Council approved the written settlement agreement between the City
and Teamsters reflecting the above recognition and bargaining unit creation.
With the City's recognition of Teamsters as the exclusive representative of the Miscellaneous
Bargaining Unit, Teamsters and the City began negotiating for a comprehensive memorandum of
understanding("MOU") that will govern the labor relationship between the City, Teamsters, and
their represented employees. The City and Teamsters have met and conferred in good faith on
wages, hours, and other terms and conditions of employment for the Miscellaneous Bargaining
Unit and have reached a Tentative Agreement For A Memorandum Of Understanding ("Tentative
Agreement"), which is represented by this document. The following deal terms were ratified by
Teamsters and their represented members on July.8,.2021, but.remain.subj ect to formal approval
and .adoption by the City Council, per .California Government ..Code section 3505.1,.:which. .
provides:
0 1247.0 023/70729 1 2 jlt
If a tentative agreement is reached by the authorized representatives of the public
agency and a recognized employee organization or recognized employee
organizations, the governing body shall vote to accept or reject the tentative
agreement within 30 days of the date it is first considered at a duly noticed public
meeting. A decision by the governing body to reject the tentative agreement shall
not bar the filing of a charge of unfair practice for failure to meet and confer in
good faith. If the governing body adopts the tentative agreement, the parties shall
jointly prepare a written memorandum of understanding.
The deal points of this Tentative Agreement are summarized below with a general description of
the negotiated terms. The specific signed MOU provisions, including the express language agreed
to by the parties is attached hereto as Exhibit A.
TENTATIVE AGREEMENT DEAL POINTS
Anc�le.No.;. Sub'ect, Summa ,
I Term of Agreement Except as otherwise specified,the term of the agreement is
from July 1,2021 through June 30,2024.
II Recognition The City recognizes Teamsters as the recognized
employee organization for the Miscellaneous Bargaining
Unit.
III Non-Discri ination The provisions of the MOU will be applied qually to all
employees without unlawful harassment,dis rimination,
retaliation,disrespectful or other unprofessional conduct.
IV Notice of MOU/New All new hires will be provided a copy of the MOU and an
Employee Orientation employee orientation to explain the employee's rights and
benefits under the MOU.
V Dues Deductions City will deduct membership dues,and other fees from the
wages and salaries of members of Teamsters and remit the
total amount to Teamsters within 30 days of the date of
deduction.
VI Shop Stewards A maximum of two employees may be designated as shop
stewards to represent employees in the unit.
Provides reasonable leave time to employees who perform
functions of a shop steward,pursuant to applicable law.
VII Management Rights City retains all of its inherent managerial rights,functions
and authorities.
Provides the subjects outside of bargaining that the City
has the right to unilaterally make decisions on,subject to
any statutory obligation to engage in impact bargaining
0 1247.0 023/7072 9 1 2 i It
over the foreseeable effects of the decision on matters
within the scope of representation.
VIII Salary Effective the first full payroll period after July 1,2021 or
the first full payroll period after City Council approval of
the TA or MOU,whichever occurs later,all represented
employees still on payroll at that time will receive a 3%
salary increase based upon the employee's regular base
pay determined as of June 30,2021.
Effective the first full payroll period after July 1,2022 and
July 1,2023,all represented employees still on payroll at
that time shall receive a 2%total salary increase based
upon the employee's regular base pay determined as of
June 30 each respective year.
IX Health Insurance The City currently provides a monthly contribution to
employee's health insurance premium.The parties have
agreed that the City's contribution will match the
Ca1PERS Kaiser Region 3 premium rate.
Each calendar year as specified,the City's contribution to
members'health insurance premium will be adjusted,up
or down,to match the Ca1PERS Kaiser Region 3 premium
rate.
X Holidays All full-time unit members shall receive 13 paid holidays
as designated per calendar year and 2 paid floating
holidays per calendar year in addition to any other
vacation leave that employee has accrued. Employees
will be paid equal to one work day of compensation per
holiday.
XI Overtime Provides for an eight-hour rest period for an employee
who works 16 consecutive hours.
Provides for statutory overtime under the Fair Labor
Standards Act.
The City will endeavor to provide 7 days' notice of the
need to work overtime to employees for non-emergency
recurring events.
XII No Strike/No Lockout Prevents Teamsters and employee members from causing,
participating in,or condoning any strike,walkout,
slowdown,sick-out, or any other concerted job action by
withholding'or tefusing"to perform services.
Requires Teamsters to instruct any persons engaging in
such conduct that their conduct is'in violation of this
01247.0023/707291.2 ilt
MOU,and require that all such persons immediately cease
engaging in conduct prohibited and return to work.
City agrees that it shall not lockout its employees.
XIII Discipline Procedures The City has adopted discipline procedures within its
Personnel Rules.
The discipline procedures herein are revised and updated
and provide the causes for discipline,types of discipline
which may be imposed on employees,and the procedures
for discipline which shall not apply to the City's at-will
employees,including probationary employees,who may
be terminated with or without cause and with or without
advance notice.
X1v Grievance Procedures The City has adopted grievance procedures within its
Personnel Rules.
The grievance procedures herein are revised and updated
and provide the procedure for an employee to initiate a
grievance for an alleged violation of a specific provision
of the MOU,or the City's Personnel rules,and provides a
right of represe tation to the grievant.
Xv Savings Clause If any portion of the MOU is declared void or
unenforceable,the remainder of the MOU remains valid
and enforceable.
This Tentative Agreement is of no force or effect unless or until ratified and approved by a
resolution of the City Council. The parties may concurrently or subsequently submit for City
Council approval a jointly prepared MOU per Government Code Section 3505.1 reflecting the
agreements reached herein.All terms and conditions of this Tentative Agreement shall be maintained
until the MOU is ratified by Teamsters and accepted, approved, and adopted by City Council,which
shall then supersede and replace this Tentative Agreement.
City of Grand Terrace Teamsters Local 1932
G.Michael Milhiser Juan Delgado
Interim City Manager Business Agent
Date Date
01247.0023/707291.2 ilt
EXHIBIT A
City MOU Proposal #3 to Teamsters Local 1932
DATED:June 15, 2021
RESUBMITTED:June 28, 2021
TERM
Except as otherwise specified herein,the Term of this MOU shall be effective from and after
July 1, 2021 and shall expire at midnight on June 30, 2024.
Tentative Agreement
City of Grand Terrace sters Local 1932
June 29,2021 �!
Date Date
01247.0023i725736.1 jit
City MOU Proposal#2 to Teamsters Local 1932
DATED:December 1,2020
RECOGNITION
For the purposes of meeting its obligations under the Meyers-Milia s-B rown Act (Government
Code Sections 3500 et seq),City rules,regulations,and/or laws affectingwages, hours,and other
terms and conditions of employment,the City of Grand Terrace hereby affirms its recognition of
Teamsters Local 1932("Teamsters"or"Union"),as the recognized employee organization for the
Miscellaneous Bargaining Unit that includes all permanent and full time employees,and excludes
all management, confidential and supervisory employees; all part-time, temporary and at-will
probationary employees; all retired annuitants; and the classifications of Assistant Planner,
Principal Accountant, and Management Analyst. The Unit members are designated by the
classifications set forth in Attachment"A" hereto(hereinafter referred to as the"Unit").
Tentative Agreement
City of Grand Terrace 5 ers Local 1932
04/20/2021
Date Date
61247.00W686788.1 jt 4
City MOU Proposal #1 to Teamsters Local 1932
DATED: September 10, 2020
NON-DISCRIMINATION
The provisions of this MOU shall be applied equally to all Employees without unlawful
harassment,discrimination, retaliation,and disrespectful or other unprofessional conduct based
on race (including, but not limited to, hair texture and protective styles such as braids, locks and
twists), religious creed (including religious dress and grooming practices), color, national origin
(including language use restrictions and possession of a driver's license issued under Vehicle Code
section 12801.9), ancestry, physical or mental disability, medical condition, genetic
information/characteristics, marital status/registered domestic partner status, sex (including
pregnancy, childbirth, breastfeeding or related medical conditions), sex stereotype, gender
identity,gender expression/transgender (including whether or not you are transitioning or have
transitioned), sexual orientation, age (40 and over) or military and veteran status or any other
basis protected by federal,state, or local law or ordinance or regulation.
Tentative Agreement
City of Grand Terrace Teamsters Local 1932
10/15/2020 %G-jS-^Z 0_
-Da te Date
01247.00041667754.1
City MOU Proposal#1 to Teamsters Local 1932
DATED: September 10, 2020
NOTICE OF MOU/NEW EMPLOYEE ORIENTATION
The City will notify Teamsters in writing or via email regarding all new hires at least ten (10) days
prior to the employee's orientation unless there is an urgent need that was not reasonably
foreseeable. The new employee orientation notice provided to Teamsters shall include the date,
time, and location of the orientation. If Teamsters or its representatives are not available on the
day or time the City has scheduled the new employee orientation,the City will allow Teamsters
to meet with the new employee within one week of hire, or at a mutually agreed upon time
between the City and Teamsters. Within the earlier of thirty (30) days after the date of hire or
by the first pay period of the month following the hire of each newly hired employee, the City
will provide Teamsters with the new employee's name, job title, department, work location,
home mailing address, personal email address, and work,home,and personal cellular telephone
numbers.
The new hire will receive a copy of the MOU with his/her new employee orientation packet.
Teamsters shall be permitted to have up to two representatives to meet with the new employee
for up to one (1) hour of uninterrupted time for each orientation session to talk to new Unit
members to explain the rights and benefits under the MOU. Teamsters may provide written
materials, including a packet of information, to the new employees. The City shall allow a
maximum of one a ployee release time to be present at the employee orien ation. Teamsters
shall notify the Cit�48 hours prior to the orientation on which employee w�II be present. The
employee present at the orientation shall do so on regular working hours and shall suffer no loss
of pay.
At least every 120 days, the City will provide Teamsters a list of all employees in the Unit,
including the employee's name,job title, department, current rate of pay, work location, home
mailing address, personal email address, and work, home and personal cellular telephone
numbers. Notwithstanding the foregoing and per Gov't Code section 6254.3, the City will not
provide Union with the home address or any phone number on file with the City of any employee
performing law enforcement-related functions, and the City will not provide Union with any
home address, home telephone number, personal cellular telephone number, or personal email
address or date of birth of any employee who has made a written request to the City regarding
non-disclosure of said information.
Tentative.Agreement
City of Grand`Terrace Teamsters Local 1932
10715/2020 .. f0 15 ?� .
Date Date
01247.00041667754.1 2
1
City MOU Proposal #1 to Teamsters local 1932
DATED: September 10, 2020
DUES DEDUCTIONS
a. Teamsters requests that the City deduct membership dues, initiation fees,and general assessments,
as well as payment of any other membership benefit program sponsored by Teamsters,from the wages
and salaries of members of Teamsters. Teamsters hereby certifies that it has and shall maintain all such
deduction authorizations signed bythe individual from whose salary orwages the deduction is to be made
and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises
about the existence or terms of the authorization. Teamsters dues shall be deducted each pay period in
accordance with City procedures and provisions of applicable law from the salary of each employee whose
name is provided by Teamsters. Per Gov't Code section 1157.12,Teamsters shall indemnify the City for
any claims made by the employee for deductions made in reliance on that certification.
b. The City shall provide for payroll deductions on each payroll period(twenty-four times out of twenty-
six payroll periods per calendar year). The City shall remit the total amount of deductions to Teamsters
within thirty(30)days of the date of the deduction. Any changes in Teamsters dues must be given to the
City a minimum of thirty(30) days prior to change to accommodate changes to payroll.
Tentative Agreement
City of Grand Terrace Teamsters Local 1932
10/15/2020
Date Date
01247.00041667754.1 3
City MOU Proposal#2 to Teamsters Local 1932
DATED:December 1, 2020
SHOP STEWARDS
The Union or its members may designate a maximum of two(2)employee Stewards to represent
those employees in the Unit.The Union shall submit to the City a list of employee Stewards within
thirty (30) days following the signing of this MOU, and upon any change of Stewards. When
requested by an employee, a Union Steward may represent an aggrieved employee under the
grievance procedure.
Union Representative Leave of Absence
1. Pursuant to Government Code section 3505.3,the City shall allow the employee Stewards
a reasonable time off without loss of compensation or other benefits when they are
participating in any one of the following activities:
(a) Formally meeting and conferring with representatives of the City on matters
within the scope of representation;
(b) Testifying or appearing as the designated representative of Union in conferences,
hearings,or other proceeding before the Public Employment Relations Board,or
an agent thereof,in matters r lating to a charge filed by the Union against the City
or by the City against the Union;and
(c) Testifying or appearing as the designated representative of the Union in matters
before a personnel or merit commission.
2. Pursuant to Government Code section 3558.8,the City shall grant to employee Stewards,
upon written request of the Union, reasonable leaves of absence without loss of
compensation or other benefits for the purpose of enabling employees to serve as
stewards or representatives or officers of the exclusive representative, or of any
statewide or national employee organization with which the Union is affiliated.
(a) The Union shall reimburse the City for all compensation paid to the employee on
leave. Reimbursement by the Union shall be made on or before thirty (30) days
after receipt of the City's certification of payment of compensation to the
employee.
(b), At the conclusion or termination of leave granted underthis section,the employee
shall have a right of reinstatement to the same position and work location held-
prior to the leave, or, if not feasible, a substantially similar position without loss
of seniority, rank, or classification.
(c) The Union has no obligation to use leave under this section for an employee and
may terminate that leave at any time,for any reason. The City reserves the right
to recall any employee on leave pursuant to these sections due to an emergency.
01247.00041686788.1 jt
3. Compensation—Compensation for release time shall not exceed the employee Stewards'
standard schedule of hours per day and shall not include compensation for overtime.
Compensation shall include retirement fund contributions required of the City as an
employer.The employee shall earn full service credit during the leave of absence and shall
pay his or her member contributions.The leave of absence without loss of compensation
or other benefits provided for by this section is in addition to the release time without
loss of compensation or other benefits granted to.representatives of the Union under
applicable laws or this MOU.
4. Written Notice — Pursuant to Government Code sections 3505.3 and 3558.5, for leave
requests for three consecutive days or less, the Union shall submit a written request to
the employee Steward's Department Head at least seven (7) days in advance of the
requested leave of absence. For leave requests of greater than three consecutive days,
the Union shall submit their written request at least thirty (30) calendar days in advance
of the requested leave of absence. The written request shall include the purpose, dates,
and duration of the requested leave.
4. Approval or Denial of Leave—A request for leave of absence may be granted on a full-
time, part-time, periodic, or intermittent basis and will be approved if it does not
substantially interfere with the performance of City services and operations. If leave is
denied, the Department -lead shall provide the Union with written notification of the
reasons why the requested leave is denied. If granting the requested leave would crate
an operational hardship for the City, the parties agree to meet and confer regarding the
requested leave in order to identify mutually acceptable alternative dates or amount of
leave.
5. Reporting—The Union or the employee shall be required to execute any payroll forms,
certifications of time,or other documents as required by the City to ensure that the time
reporting is accurate and that the employee is performing the duties of a steward or
officer or representative of the Union during all reported working hours.
6. Indemnification—The City shall not be liable for an act or omission of,or an injury suffered
by, an employee of the City if that act, omission, or injury occurs during the course and
scope-of the employee's leave under this section to work for the Union. If the City is held
liable for such an act,omission,or injury,the Union shall indemnify and hold harmless the
City.
Tentative Agreement
City of Grand Terrace stern Local 1932
04/20/2021 �//5 X
2�
Date Date
01247.M/686788.1 jt 2
Revised City MOU Proposal#2 to Teamsters Local 1932
DATED: December 10, 2020
MANAGEMENT RIGHTS (added language in bold)
It is understood and agreed that the City reserves and retains all of its inherent managerial
rights, powers, functions and authorities, unless and only to the extent that the provisions
of this MOU specifically modify or limit such rights, powers, functions and authority. The
right of an employee to grieve the practical consequences of City decisions on wages, hours,
and other terms and conditions of employment shall not be abridged.
Department Supervisors are authorized to assign normal and alternative work schedules to
their employees, including for examples such schedules as 5/40, 9/72.5, 9/80, 4/10, or
variations thereof. Any change between work schedules shall require thirty (30) calendar
day notice to the affected employee.
Agreed Subiects Outside of Bargaining— The parties hereto agree that the City shall have the
right to unilaterally make decisions on all subjects that are outside the scope of bargaining.Those
subjects agreed by the parties to be outside the scope of bargaining shall include, but are not
limited to,the following:
A. Determining issues of policy and making management decisions.
B. Take any and all necessary action to carry out the mission of the City in
emergencies;
C. Determine the mission of the City's constituent departments, divisions, boards,
commissions,and committees;
D. Determine the existence or nonexistence of facts which are the basis of any
management decision;
E. Determine the necessity,organization or level of any service or activity conducted
by the City and to expand or diminish such services or activities;
F. Determine the nature,manner,methods,technology,means,and size of the work
force by which City operations are to be conducted;
G. Determine and/or establish types of equipment or technology to be used;
H. Determine and/or change the facilities,'methods,technology, means, and size of
the work force by which City operations are to be conducted provided that, the
City shall comply with its statutory obligation, if-any, to engage in impact
bargaining over the foreseeable effects.of the decision on matters within the
scope of representation;
01247.00041686809.1 jt
I. Determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions;
J. Determine policies, procedures, and standards pertaining to City operations and
activities;
K. Determine and/or establish methods of financing;
L. Hire,transfer, promote,and demote Unite members for non-disciplinary reasons,
in accordance with this MOU and the City Personnel Rules and Regulations;
M. Determine the need and use of personnel information for Unit members and the
means by which the information is to be provided, with Unit members retaining
their rights to privacy as provided by law.
N. Determine and/or modify Unit member job qualifications and/or classifications
provided that, the City shall comply with its statutory obligation, if any, to
engage in impact bargaining over the foreseeable effects of the decision on
matters within the scope of representation;
0. Determine and/or change work assignments for Unit members in accordance with
requirements as determined by the City provided that,the City shall comply with
its statutory obligation, if any, to ngage in impact bargaining over the
foreseeable effects of the decisio on matters within the scope of
representation;
P. Determine Unit member performance standards, including but not limited to
quality and quantity standards, and to require compliance therewith;
Q. Relieve Unit members from duties for lack of work or similar non-disciplinary
reasons;
R. Discharge, suspend, demote or otherwise discipline Unit members for proper
cause, subject to Unit member's appropriate rights of appeal; and
S. Determine and promulgate and/or modify rules regulations to maintain order and
safety in the City which are not in contravention with this MOU.
Tentative Agreement
I o�w
City of Grand Terrace ocal 1932
June 29, 2021
Date Date
01247.00041686809.1 jt 2
City MOU Proposal#4 to Teamsters Local 1932
DATED:June 29,2021
SALARY
Effective the first full payroll period after July 1, 2021 or the first full payroll period after City
Council approval of a tentative agreement and/or an MOU, whichever occurs later, all
represented employees still on payroll at that time shall receive a 3%total salary increase based
upon the employee's regular base pay determined as of June 30, 2021.
Effective the first full payroll period after July 1, 2022, all represented employees still on payroll
at that time shall receive a 2%total salary increase based upon the employee's regular base pay
determined as of June 30, 2022.
Effective the first full payroll period after July 1, 2023, all represented employees still on payroll
at that time shall receive a 2%total salary increase based upon the employee's regular base pay
determined as of June 30, 2023.
Tentative Agreement
City of Grand Terrace T ers Local 1 2
June 29, 2021 Z 1 Z
Date Date
0 1247.0023i72530 1.1 jit
City MOU Proposal#3 to Teamsters Local 1932
DATED:June 15, 2021
RESUBMITTED:June 29, 2021
Health Insurance
Effective the first full payroll period after July 1,2021 or the first full payroll period after City Council
approval of a tentative agreement and/or an MOU,whichever occurs later,the City's monthly
contribution to employees' health insurance premium will be adjusted to match the CalPERS Kaiser
Region 3 premium rate. The 2021 CalPERS Kaiser Region 3 premium rate is$670 per month.
Effective January 1, 2022,January 1,2023,and January 1,2024 only,the City's contribution to the health
insurance premium will be adjusted,up or down,to match the CalPERS Kaiser Region 3 premium rate.
Tentative Agreement
City of Grand Terrace sters Local 1932
June 30,2121 1 6 aO ,2
Date Da e
01247.00231725738.1 ilt
City MOU Proposal#2 to Teamsters Local 1932
DATED:December 1,2020
HOLIDAYS
All full-time unit members shall receive the following designated holidays. If any of the following
holidays fall on a Friday or Saturday, the holiday will not be observed on the preceding
Wednesday or Thursday. For any holiday that falls on a Sunday, the City Manager shall have
discretion as to whether that holiday will be observed on the. following Monday. Employees
entitled to holidays shall be paid the equivalent of the employee's one work day of compensation
for the holiday.
1 New Year's Day January 1
2 Martin Luther King Jr. Day Third Monday in January
3 President's Day Third Monday in February
4 Cesar Chavez Day March 31
5 Memorial Day Last Monday in May
6 Independence Day July 4
7 Labor Day First Monday in September
8 Veteran's Day Second Monday in November
9 Thanksgiving Day Fourth Thursday in November
10 Day After Thanksgiving Day Fourth Friday in November
it Christmas Eve Decem er 24
12 Christmas Day Decem er 25
13 New Year's Eve December 31
FLOATING HOLIDAYS
All full-time unit members shall receive two(2)floating holidays per calendar year in addition to
any other vacation leave an employee has accrued. Employees entitled to floating holidays shall
be.paid the equivalent of the employee's one work day of compensation for the floating
holiday. Floating holidays must be used by the end of the corresponding calendar year. Any
floating holiday hours not used by the end of the calendar year will be cashed out and included
in the first pay period in January.
If the City elects to shut down for the week of the Christmas Holiday,employees may elect to
use their floating holidays or any other available time to cover the remaining days of the
Holiday week.
Tentative Agreement,
City.-of Grand Terrace ters Local 1932
04/20/2021
Date_ _ ate .
01247.0004/686788.1}t 3
REVISED City MOU Proposal#4 to Teamsters Local 1932
DATED:June 29,2021
OVERTIME (added language in bold italics)
1. Rest Period
A. An employee who works sixteen consecutive hours shall earn an eight-hour
rest period.
B. An employee shall be compensated at his/her regular rate of pay for all
regularly scheduled work time, which falls while that employee is off on his/her rest
period.
2. Overtime
A. Overtime is all hours an employee actually works over 40 in his or her regular
workweek as defined by the Fair Labor Standards Act ("FLSA"). Overtime is compensated at
time and one-half(1.5) the employee's regular rate of pay as defined by the FLSA. Only
actual hours worked will be counted toward the 40-hour threshold for purposes of
calculating FLSA overtime pay.
B. Non-exempt employees are n t permitted to work overtime except as
the department director authorizes or direc s. Non-exempt employees directed to work
overtime must do so. Working overtime without advance approval is grounds for discipline.
3. Notice
A. For planning purposes, the City will endeavor to provide seven (7)days'
notice of the need to work overtime.to employees for non-emergency recurring events.
Tentative Agreement
City of Grand Terrace ters Local 1932
June 30, 2021 r�a�3o 2/
Date Date
0 1 247.002Y725790.1 jit
Revised City MOU Proposal to Teamsters Local 1932
Regarding City&Union Prohibited Conduct
DATED: March 23,2021
NO STRIKE/ NO LOCKOUT PLEDGE
EMPLOYEE ORGANIZATION PROHIBITED CONDUCT
The Union, its officers, agents, representatives,and/or members agree that during the term
of this MOU they will not cause, participate in, or condone any strike, walkout, slowdown,
sick-out, or any other concerted job action by withholding or refusing to perform services.
Taking joint action or joining other employee organizations to engage in such activity is
included in this prohibition.
A violation of this Section by any Unit member shall constitute a just cause for discipline up
to and including termination under the City's Personnel Rules.
CITY PROHIBITED CONDUCT
The City agrees that it shall not lockout its employees during the term of this MOU. The term
"lockout" is hereby defined so as not to include the discharge, suspension,termination, layoff,
failure to recall, or failure to return to work of the employees of the City in the exercise of its
rights as set forth in any provisions of this MOU or applicable ordinance or law.
EMPLOYEE ORGANIZATION RESPONSIBILITY II
In the event that the Union, its officers, agents,representatives, and/or members engage in any
of the conduct prohibited herein,the Union shall immediately instruct any persons engaging in
such conduct that their conduct is in violation of this MOU, and require that all such persons
immediately cease engaging in conduct prohibited in herein,and return to work.
If the Union acts in good faith to meet its responsibilities as set forth above,then the Union, its
officers, agents, representatives and its members shall not be liable for any damages for
prohibited conduct engaged in.by any Unit members who are covered by this MOU.
CITY RIGHTS
The City shall have the right to file an unfair practice charge through PERB or bring suit for
damages, rescission of this MOU, and/or equitable relief in a court of competent jurisdiction for
breach of this Article against the Union, its officers, agents, representatives,or members.
Tentative Agreement
�, 0�•""`.� 04/20/2021
City of Grand Terrace Date , sters Local 1932 Date
01247.00041699801.2 jt
REVISED CITY MOU Proposal#2 to Teamsters Local 1932
DATED:June 25,2021
DISCIPLINE AND PROCEDURES (added language in bold italics)
Causes for Discipline - Employees may be disciplined for, including but not limited to, any of the
following causes of discipline:
a. Violation of any department rule, City policy or City regulation, ordinance or
resolution;
b. Absence without authorized leave;
C. Excessive absenteeism and/or tardiness as defined by the employee's department
head, and/or these Policies;
d. Use of disability Leave in a manner not authorized or provided for pursuant to the
disability leave policy or other policies of the City;
e. Making any false statement, omission or misrepresentation of a material fact;
f. Providi g wrong or misleading -information or other frau in securing
appointment, promotion or maintaining; employment;
g. Unsatisfactory job performance as documented in accordance with the City's
Employee Performance Evaluation policy in the City's Personnel Rules;
h. Inefficiency as documented in accordance with the City's Employee Performance
Evaluation Policy in the City's Personnel Rules;
i. Malfeasance or misconduct, which shall be deemed to include, but shall not be
limited to the following acts or omissions: the damaging of City property,
equipment, or vehicles, or the waste of City supplies through negligence or
misconduct.
J. Insubordination; or insulting or demeaning the authority of a supervisor or
manager;
k. Dishonesty;
I. Theft;
m. Violation of the City's or a.department's confidentiality policies,.or disclosure of
confidential City information to any unauthorized person or entity;
01247.0023/725424.1 jit
n. Misuse or unauthorized use of any City property, including, but not limited to:
physical property,tools,equipment, City communication systems,City vehicles or
Intellectual Property;
o. Mishandling of public funds;
P. Falsifying any City record;
q. Discourteous treatment of the public or other employees as documented in
accordance with the City's Employee Performance Evaluation Policy in the City's
Personnel Rules;
r. Failure to cooperate with employee's supervisor or fellow employees;
S. Violation of the City's Drug-Free Workplace Policy;
t. Violation of'the City's Policy Against Harassment, Discrimination and Retaliation;
U. Violation of the City's Workplace Security Policy;
V. Unapproved outside employment or activity that violates the City's policy, or
other enterprise that constitutes a conflict of interest with service to the City;
W. Any conduct that impairs, disrupts Ir causes discredit to the City, the employee's
City employment, to the public service, or other employee's employment;
X. Failure to comply with Cal-OSHA Safety Standards and City safety policies;
y. Altering,falsifying,and tampering with time records,or recording time on another
employee's time record; or
Z. Working overtime without prior authorization or refusing to work assigned
overtime;
aa. Carrying firearms or other dangerous weapons; and
bb. Violations of Title XXII (for Child Care Employees).
Types of Discipline-The following are types of discipline which the City may impose on all
employees.
1. The following types of discipline are not subject to appeal or any due process protections:
(a) Oral Reprimands - An oral reprimand- should include the -performance the
employee is to take in the future and consequences for failure to correct the
problem for which the employee is being warned.
01247.0023,,725424.1 jit 2
(b) Written Reprimand - In the event that an employee should need more than an
Oral Reprimand, the employee may be issued a Written Reprimand through the
filing of an Employee Warning/Incident Report. This report is placed in the
employee's personnel file and a copy given to the employee with a complete
statement regarding reason for such warning. A third warning given for the same
reason constitutes cause for dismissal.A Written Reprimand may not be appealed
under this policy, but dismissal is subject to appeal.
(c) As used herein, oral and written reprimands include negative performance
evaluations and performance improvement plans, and are not appealable or
subject to any due process protections.
2. The following types of discipline are subject to prior written notice and may be appealed:
(a) Suspension Without Pay - The City may suspend an employee from his/her
position without pay for up to thirty (30) calendar days for cause. Documents
related to a suspension shall become part of the employee's personnel file when
the suspension is final.
(b) Reduction in Pay-The City may reduce an employee's pay for cause. A reduction
in pay for disciplinary purposes may take one of two forms:
(1) a decrease in salary to a lower step Lithin the salary range, or
(2) a decrease in salary paid to an employee for a fixed period of time.
Documents related to a reduction in pay shall become part of the
employee's personnel file when the reduction in pay is final.
(c) Demotion -The City may demote an employee from his or her position for cause.
Documents related to a demotion shall become part of the employee's personnel
file when the demotion is final.
(d) Dismissal -The City may dismiss an employee from his or her position for cause.
Documents related to the dismissal shall become a part of an employee's
personnel file when the dismissal is final.
Discipline Procedures - The following discipline procedures shall not apply to the City's at-will
employees. In addition, all probationary employees are at-will. Accordingly, at-will employees
may be terminated with.or without cause and with or without advance notice.
(a) The following discipline procedure shall only apply in the case of a disciplinary
action of suspension without pay, reduction in pay, demotion or dismissal.
01247.0023/725424.1 j1t 3
(1) Pre-Disciplinary "Skelly" Notice to Employee - Written notice of the
intended action shall be given to the employee setting forth the following
information:
(a) Grounds for discipline;
(b) Act or omission giving rise to intended discipline;
(c) Effective date for intended discipline;
(d) All documents or records considered in proposing the intended
discipline;
(e) The time and date by which the employee can respond; and
(f) Notice that failure to respond at the time specified shall constitute
a waiver of the right to respond prior to the final discipline being
imposed.
(2) Response by Employee and Skelly Meeting - if the employee requests a
meeting to respond orally to the charge(s), the disciplining authority shall
conduct an informal meeting with the employee, at which the employee
has an opportunity to rebut he charges against him or her and present
any mitigating circumstances or materials. The disciplining authority will
consider the employee's presentation before taking any final disciplinary
action.
(3) Final Notice of Discipline to Employee-In the case of disciplinary action of
suspension, reduction in pay, demotion or dismissal, the disciplining
authority shall issue a final notice of discipline to be implemented which
shall include where appropriate:
(a) the level of discipline to be imposed and the effective date of the
discipline;
(b) the specific charges upon which the discipline is based, including
the act or omission giving rise to the discipline;
(c) all documents or records upon which the discipline is based not
previously provided; and
(d) a statement of'the nature of the employee's right to appeal.
(b) Discipline Appeal Procedures-The following discipline appeal procedures shall not
apply to the City's at-will employees. Accordingly, at-will employees may be
terminated with or without cause and with or without advance notice.
01247.0023i725424.1 jit 4
(1) The following discipline appeal procedure shall only apply in the case of a
disciplinary action of suspension without pay, reduction in pay, demotion,
or dismissal:-
(a) Request for Appeal Hearing - An employee who receives a final
notice of discipline shall have ten (10)working days from receipt of
the notice, to file with the City Manager a written request signed
by the employee for an appeal hearing stating the grounds for the
appeal. Failure to file such a request within the aforementioned
time frame will result in the employee having waived his/her right
to an appeal hearing and appeal of the discipline.
(b) Hearing Officer - The appeal hearing officer shall be the City
Manager or his or her designee.
(a) In cases where the City Manager is the disciplining
authority,the City Manager shall not be the appeal hearing
officer nor shall the City Manager participate in the
designation of the hearing officer. In such cases, the City
Council shall designate the hearing officer.
(c) Hearing Date After the selection of a hearing officer, a date shall
be selected b the hearing officer for the hearing. The employee
shall be notified in writing at least ten (10) working days prior to
the hearing of the scheduled date.
(d) Prehearing Notice of Witnesses - Five (5) working days prior to a
hearing, each party shall identify to the opposing party all
witnesses and documents which the party disclosing the
information intends to use at the hearing. Failure to disclose a
witness or document shall require its exclusion from the hearing.
(e) Hearing Closed - The hearing shall be a closed hearing unless the
employee requests in writing five (5) working days prior to the
hearing that the hearing be open to the public.
(f) Record of Hearing - The hearing shall be recorded, either
electronically or by a court reporter, at the option of the City.
01247.00231725424.1 jlt 5
(g) Subpoenas - Upon the request of either party, and upon his/her
own motion, the hearing officer shall have the power to issue
subpoenas to compel attendance at any disciplinary appeal
hearing. Each party is responsible for serving his/her own
subpoenas. The appealing employee shall not be required to
subpoena City employees, but rather must provide five (5) days
notice before the hearing begins to the hearing officer of the
request to have the employees appear.
(h) Employee Appearance - The employee shall appear personally
before the hearing officer at the time and place set for the
disciplinary appeal hearing. The employee may be represented by
any person he or she may select.
(2) Conduct at the Hearing
(a) All testimony shall be by oath or affirmation.
(b) The conduct and decorum of the hearing shall be under the control
of the hearing officer.
(c) Direct and cross-examination of witnesses shall be permitted.
(d) Hearings need not be conducted according to technical rules
relating to evidence and witnesses,but hearings shall be conducted
in a manner most conducive to determining the truth.
(e) The quantum of proof to be applied by the hearing officer shall be
a preponderance of the evidence.
(f) The hearing officer shall not have the power to alter, amend,
change, add to, or subtract from any of the terms of these rules or
City Council resolution bearing upon the matter.
(3) Decision -Within forty-five (45) days of the conclusion of the hearing,the
hearing officer shall make findings and a final administrative decision with
reference to the discipline imposed. In doing so, the hearing officer's
findings and recommendations must address all charges, and shall
articulate reasoning which bridges the analytical gap between the
evidence and the findings/recommendations. ,
(a) The decision of the hearing officer is final except for judicial review
pursuant to Code of Civil Procedure §1094.5. There is no process for
reconsideration.
01247.00231725424.1 jit G.
(b) A copy of the decision shall be sent by mail method that verifies delivery
to the last known address of the employee. It shall be the responsibility of
the employee to inform the City of his/her address.
(c) Challenge by Writ-Pursuant to Code of Civil Procedure section 1094.6,the
parties have ninety (90) days from the date of the proof of service of
mailing of the written findings and decision to appeal the City's decision
on the appeal to the Superior Court in and for the County of San
Bernardino.
Tentative Agreement
City of Grand Terrace r,7"
Local 193�
June 29, 2021 �� 2
Date Date
01247.00231725424.1 ilt 7
CITY MOU Proposal#2 to Teamsters Local 1932
Original DATED:December 1,2020
Resubmitted:June 28, 2021
GRIEVANCE PROCEDURE
Grievance—A grievance is an alleged violation of a specific provision of this MOO, or the City's
Personnel Rules, but shall not apply to any forms of discipline or disciplinary appeal.
Step I: Informal Discussion with Supervisor—The employee shall,within ten (10)working days of
the event or action being grieved,or by reasonable diligence should have known of the condition
upon which a grievance may be based,first attempt to resolve the grievance informally through
discussion with his/her immediate supervisor in order to, in good faith, endeavor to clarify the
matter expeditiously and informally at the employee-supervisor level.
Step II: Department Head — If the employee believes that the grievance has not been resolved
through Step I, the employee may file written grievance with his/her Department Head. Such
appeal must be filed within ten (10) working days of when the informal discussion took place
between the employee and his or her supervisor. The grievance must provide the specific rule(s)
alleged to have been violated, a description of the facts upon which the grievance is based and
must be signed by the grievant. The Department Head shall consider and discuss the grievance
with the grievant and the grievant' s designated representative as he/she deems appropriate,
and shall, within fifteen (1 ) working days of receipt of the written grievance, submit his/her
decision in writing to the g ievant.
Step III: City Manager — If the employee believes that the grievance has not been resolved
through Step 11, the employee may appeal the grievance decision of the Department Head with
the City Manager within ten (10) working days of the Department Head response or, in the
absence of such response,within ten(10)working days of the expiration of the time within which
the Department head is required to provide a response. The appeal must be in writing and
provide the specific rule(s) alleged to have been violated, a description of the facts upon which
the grievance is based and must be signed by the grievant. The City Manager shall consider and
discuss the grievance with the grievant and the grievant's designated representative as he/she
deems appropriate, and shall, within ten (10) calendar days of receipt of the written grievance,
submit his/her.decision in writing to the grievant.The decision of the City Manager shall be final.
Time Limits — Failure of the City to comply with the time limits of the grievance procedure
specified above shall be deemed a denial of the grievance by the City and entitle the grievant to
appeal to the next level of review. Failure of the grievant to comply with the time limits of the
grievance.procedure specified above shall.terminate the grievance and constitute a,waiver and
abandonment of the grievance by`the employee:. The parties may extend time limits by mutual
written agreement in advance of the time limit deadline.
01247.0023/725734.1 jit
Representation —An employee may request representation of his or her choice at any stage of
the grievance procedure.
(a) The grievant and designated representative shall receive release time for the
purpose of representing the grievant at any step. For purposes of this section,
representation includes reasonable preparation and consultation.
(b) The only limit on the grievant's representation is that there may be only one other
person from the bargaining unit on paid status. Representation shall not
inordinately interfere with the normal course of City business.
Self-Representation — In the event a grievant elects to exercise the right to self-representation,
and objects to the attendance of a representative, such individuals shall be excluded;provided,
however, representatives of the Union will have certain rights of access to the records of the
grievance proceeding. This right of access is provided in recognition of the Union's interest in
effective representation of its members.
(a) Accordingly,the City of Grand Terrace shall provide the Union access to:
(1) Information concerning the nature of the grievance.
(2) Any procedures utilized during the course of the grievance proceeding.
(3) The results of the grievance proceeding, including any discipline imposed.
(b) However,.in order to recognize the personal privacy interests of employees, the
City shall delete from the grievance record:
(1) The name of the employee filing the grievance.
(2) The employee's social security number, address, and telephone number.
(3) Any other personal information protected under right of privacy.
Freedom From Reprisal — No grievant shall be subject to coercion, discrimination, reprisal,
or disciplinary action for discussing a complaint or grievance with his or her immediate
supervisor, or for the good faith filing of a grievance.
Tentative Agreement
a�
City of Grand Terrace Te ers Local 1932
Jime 29, 2021
Date Date
01247.0023 725734.1 jlt 2 _
City MOU Proposal#2 to Teamsters Local 1932
DATED:December 1,2020
SAVINGS CLAUSE
Should any portion, word, clause, phrase, sentence, paragraph, or provision of this MOU be
declared void or unenforceable by a court of competent jurisdiction, such portion shall be
considered independent and severable from the remainder of this MOU, the validity of which
shall remain unaffected.
Tentative Agreement
City of Grand Terrace a sterss Lc 1932
04/20/2021
Date Date
01247.0004/686789.1 jt 16
City MOU Proposal #3 to Teamsters Local 1932
DATED:June 15, 2021
IMPLEMENTATION AND SIGNATURES
It is agreed this MOU shall not be binding upon the parties,either in whole or in part, unless
and until ratified by Teamsters and executed by its representatives along with City labor
representatives and then approved and adopted by the City of Grand Terrace City Council.
[SIGNATURES]
CITY OF GRAND TERRACE TEAMSTERS LOCAL 1932
Harold Duffey, City Manager Juan Delgado; usiness Agent
Colin J.Tann r, Chief Negotiator Carlos Gonz les, Staff Coordinator
Business Representative
Luis Gardea, Employee Steward
Ruben Montano, Employee Steward
Tentative Agreement
City of Grand Terrace T s s Local 1932
June 29,2021 Ls 2
Date' - Date
01247.00231722725.1 jlt
City of Grand Terrace
Teamsters Salary Schedule
Effective First Full Pay Period Following August 21, 2021
Step A Step.B Step C Step D Step E
Classification Hourly Hourly Hourly Hourly Hourly
Building Permit Technician 22.18 23.29 24.46 25.68 26.96
Bus Driver 16.55 17.38 18.25 19.16 20.12
Code Enforcement-Animal Control Officer 25.67 26.961 28.31 29.72 31.21
Code Enforcement-Animal Control Specialist 22.18 23.29 24.46 25.68 26.96
Department Secretary 19.16 20.12 21.13 22.18 23.29
Finance Technician 18.25 19.17 20.12 21.13 22.19
Human Resources Technician 21.121 22.18 23.29 24.45 25.68
Maintenance Crew Lead 20.12 21.13 22.18 23.29 24.46
Maintenance Worker l 15.01 15.76 16.55 17.38 18.25
Maintenance Worker II 16.55 17.38 18.25 19.16 20.12
Office Assistant 13.62 14.301 15.01 15.76 16.55
Office Specialist 15.01 15.76 16.55 17.38 18.25
Planning Technician 20.12 21.13 22.18 23.291 24.46
Senior Finance Technician 21.12 22.18 23.29 24.451 25.68
Memorandum of Understanding
Between
City of Grand Terrace
and
Teamsters Local 1932
��pSHER/y�o
rn
5
Effective July 1, 2021 through June,30, 2024
01247.0023/727612.2
TABLE OF CONTENTS
ARTICLE 1 TERM OF AGREEMENT.....................................................................................3
ARTICLE 2 RECOGNITION.....................................................................................................3
ARTICLE 3 NON-DISCRIMINATION.....................................................................................3
ARTICLE 4 NOTICE OF MOU/NEW EMPLOYEE ORIENTATION...................................4
ARTICLE 5 DUES DEDUCTIONS............................................................................................4
ARTICLE 6 SHOP STEWARDS...........................................:� ................................................ 5
ARTICLE 7 MANAGEMENT RIGHTS f
..................................................
ARTICLE8 SALARY.......................................... . ...........................................9
ARTICLE 9 HEALTH INSURANCE..................... ti:-.................... ......................................... 9
ARTICLE 10 HOLIDAYS. .............................9
ARTICLE I OVERTIME........................... • .................................................. 10
ARTICLE 12 NO STRIKE/NO LOCKOUT PLEDGEti �+ ................... 10
ARTICLE 13 DISCIPLINE PROCEDURES................ .. : ..................................................... 11
ARTICLE 14 GRIEVANCE P OCEDURES
` ....................::.............................................. 17�`
ARTICLE 15 SAVINGS_MA SE...... ��..... ....................: ...............................
Z ..... .. 19
.�
01247.0 023/7276 1 2.2 2 P a g e
Memorandum of Understanding
Between
City of Grand Terrace
and
Teamsters Local 1932
This Memorandum of Understanding ("MOU" or "MEMORANDUM") reflects the tentative
collective bargaining agreement reached between the authorized labor relations representatives of
the City of Grand Terrace ("City") and the recognized employee organization identified as
Teamsters Local 1932 ("Teamsters" or "Union"). This MOU shall have no force or effect until
the date upon which the City Council formally accepts and a proves this MOU by resolution or
other official act.
ARTICLE 1—TERM OF AGREEMENT
Except as otherwise specified herein;t e Term of this MOU shall be effective from
and after July 1, 2021 and shalt e p re at midnight on J ne 30, 2024.
ARTICLE 2—RECOGNITION
For the purposes of meetmg�-its obligations:under the Meyers-Milias-Brown Act
(Government Code Sections,3500 et seq)'rCity rules, regulations, and/or laws
affecting wages,hours, and`oth r tern%s,and coiidifions of employment, the City of
Grand Te e�hereby affins its ; recognition of Teamsters Local 1932
("Teamsters" or `Union"),�as\the recognized e ployee organization for the
C '/ ` y
Miscellaneous Bargaming Uni tl mcludes all permanent and full time
employees;and excludes all management,confidential and supervisory employees;
"_all_part-time,a ryempora and at-will;probationary employees; all retired annuitants;
andtlieiclassifications of Assistant Planner,Principal Accountant,and Management
Analyst.,, The Umt`members,,are designated by the classifications set forth in
Attachment'A" hereto(hereinafter-referred to as the "Unit").
ARTICLE'3:—NON-DISCRIMINATION.
T1e4;provisions of-this MOU shall be applied equally to all Employees without
unlawful\\harassmdnt, discrimination, retaliation, and disrespectful or other
unprofessional'conduct based on race(including,but not limited to,hair texture and
protective styles such as braids, locks and twists), religious creed (including
religious dress and grooming practices), color, national origin(including language
use restrictions and possession of a driver's license issued under Vehicle Code
section 12801.9),ancestry,physical or mental disability,medical condition,genetic
information/characteristics,-marital status/registered domestic partner status,sex
(including pregnancy, childbirth, breastfeeding or related medical conditions), sex
stereotype, gender identity, gender expression/transgender (including whether or
not you are transitioning or have transitioned),sexual orientation,age(40 and over)
or military and veteran status or any other basis protected by federal, state, or local
law or ordinance or regulation.
01247.0023/727612.2 3 I P a g e
ARTICLE 4—NOTICE OF MOU/NEW EMPLOYEE ORIENTATION
A. The City will notify Teamsters in writing or via email regarding all new hires at
least ten(10)days prior to the employee's orientation unless there is an urgent need
that was not reasonably foreseeable. The new employee orientation notice provided
to Teamsters shall include the date, time, and location of the orientation. If
Teamsters or its representatives are not available on the day or time the City has
scheduled the new employee orientation,the City will allow Teamsters to meet with
the new employee within one week of hire, or at a mutually agreed upon time
between the City and Teamsters. Within the earlier of thirty(30)days after the date
of hire or by the first pay period of the month following the hire of each newly hired
employee,the City will provide Teamsters with the new employee's name,job title,
department, work location, home mailing address, personal email address, and
work,home, and personal cellular telepho a numbers.
B. The new hire will receive a.:copy'of the MOU w th his/her new employee
,.,
orientation packet. Teamsters shall be permitted to have--up`.to two representatives
to meet with the new employee for p,o one(1)=hour ofunifftorrupted time for each
orientation session to talk to new Umtmembe Mo explain the,nghts and benefits
under the MOU. Teamsters may provide.written materials, including a packet of
information, to the new,,e ployees. The City shall allow a maximum of one
employee release time to bT present at the employee orientation. Teamsters shall
notify the City 48 hou�s prior t the o�rientataon oriwhich employee will be presen
The employ presen at the!orientation shall do so on regular working hours an
shall ssu'f r"no los of pay. ✓'
C. At least`every 120 days, the Citytiwill provide Teamsters a list of all employees in
the Unit, includmg`the'employee'stname,job title, department, current rate of pay,
wok location;�home'mailing address,personal email address, and work, home and
pp nal cellular telephone nunliers:. Notwithstanding the foregoing and per Gov't
Code section 6254:3;`.the City w ll not provide Union with the home address or any
\\phone number bn.fil w th the City of any employee performing law enforcement-
related functions,"and the City will not provide Union with any home address,home
telephone number;�personal cellular telephone number, or personal email address
or da'te of birth J.of any employee who has made a written request to the City
,..
regarding non-disclosure of said information.
ARTICLE 5—DUES DEDUCTIONS
A. Teamsters requests that the City deduct membership dues, initiation fees, and
general assessments, as well as payment of any other membership benefit program
sponsored-by Teamsters, from the wages and salaries of members of Teamsters:
Teamsters hereby certifies that it has-and shall maintain all such'deduction
authorizations signed by the individual from whose salary or wages the deduction
is to be .made and shall not be required to provide a copy of an .individual
authorization to the City unless a dispute arises about the existence or terms of the
authorization. Teamsters dues shall be deducted each pay period in accordance
01247.0023/7276122 4 1 P a g e
with City procedures and provisions of applicable law from the salary of each
employee whose name is provided by Teamsters. Per Gov't Code section 1157.12,
Teamsters shall indemnify the City for any claims made by the employee for
deductions made in reliance on that certification.
B. The City shall provide for payroll deductions on each payroll period (twenty-four
times out of twenty-six payroll periods per calendar year). The City shall remit the
total amount of deductions to Teamsters within thirty (30) days of the date of the
deduction. Any changes in Teamsters dues must be given to the City a minimum
of thirty(30) days prior to change to accommodate changes to payroll.
ARTICLE 6—SHOP STEWARDS f -.
A. The Union or its members may designafe a maxim of two(2)employee Stewards
to represent those employees in the'nit. The Union shall submit to the City a list
of employee Stewards within firty (.30) days following the signing of this MOU,
and upon any change of Stewards. When requested by\.an employee, a Union
Steward may represent an aggr eeN't&employee,under the grievance procedure.
B. Union Representative Leave of Absenee'� , >
t
1. Pursuant to Gov.eznment�.Code section.3505.3, the City shall allow the
\ �.
e ployee Stewards a reasonable time off without loss of co pensation or
other--benefits when. they are_,p articipatingn any one of Ithe following
(a). Formally meeting:-a hi conferring with representatives of the City on
�. j
\ matte_rs wig the scope of representation;
,.�-- (b)� Testifying or ap�pearmg;as the designated representative of Union in
conferences, heath g, or other proceedings before the Public
Employtnent Relations Board, or an agent thereof, in matters
`.relating to.d`charge filed by the Union against the City or by the City
against the Union; and
';(c) Testifying or appearing as the designated representative of. the
Uri'on in matters before a personnel or merit commission.
2. Pursuant to Government Code section 3558.8, the City shall grant to
employee Stewards, upon written request of the Union, reasonable leaves
of absence without loss of compensation or other benefits for the purpose
of enabling employees to serve as.stewards or,representatives or officers of
the,exclusive representative, or- of any statewide 'or-national employee
organization with which the Union is affiliated.
(a) The Union shall reimburse the City for all compensation paid to the
employee on leave. Reimbursement by the Union shall be made on
01247.0 0 23/72 76 1 2.2 5 1 P a g e
or before thirty (30) days after receipt of the City's certification of
payment of compensation to the employee.
(b) At the conclusion or termination of leave granted under this section,
the employee shall have a right of reinstatement to the same position
and work location held prior to the leave, or, if not feasible, a
substantially similar position without loss of seniority, rank, or
classification.
(c) The Union has no obligation to use leave under this section for an
employee and may terminate that'leave at any time, for any reason.
The City reserves the right to recall any employee on leave pursuant
to these sections due to an emergency.
3. Compensation. Compensationn r release\time shall not exceed the
ndard employee Stewards' sta " schedule of lio rs per day and shall not
include compensation forov rtime. Compensation shall include retirement
fund contributions required of the City as an emploY6 The employee shall
Al
earn full service credit duririg,`the lea e 0 �absence and-shall pay his or her
member contributions. The leave o`f absence without losstof compensation
or other benefiisi;pr ided for by`tliis section is in addition to the release
time without los;of�co�mpensatio or other benefits granted to
representatives of�the Union.under applicable laws or this MOU.
4. Written' lvotice. Pursuant to. Government`�Code sections 3505.3 and
3558.5 forleave requests-for,three consecutive days or less,the Union shall
submit a writttte n requestvto the employee Steward's Department Head at
least sevent(7).days in advalce\of the requested leave of absence. For leave
X requests of greater than-three-consecutive days,the Union shall submit their
xd written request at least thrty,_(30�)calendar days in advance of the requested
'� 1 ave�of al`se ce. The written request shall include the purpose, dates, and
duration�,of the,requested leave.
5 Approval-'or Denial of Leave. A request for leave of absence may be
,granted on a�full-time,part-time,periodic, or intermittent basis and will be
approved,ifit does not substantially interfere with the performance of City
ed,
services acid operations. If leave is denied, the Department Head shall
provide-the Union with written notification of the reasons why the requested
leave is denied. If granting the requested leave would create an operational
hardship for the City, the parties agree to meet and confer regarding the
requested leave in order to identify mutually acceptable alternative dates or
amount of leave.
6. Reporting. The Union or the employee shall be required to execute any
payroll forms, certifications of time, or other documents as required by the
City to ensure that the time reporting is accurate and that the employee is
01247.0023/727612.2 6 1 P a g e
performing the duties of a steward or officer or representative of the Union
during all reported working hours.
7. Indemnification. The City shall not be liable for an act or omission of, or
an injury suffered by,an employee of the City if that act,omission,or injury
occurs during the course and scope of the employee's leave under this
section to work for the Union. If the City is held liable for such an act,
omission, or injury, the Union shall indemnify and hold harmless the City.
ARTICLE 7—MANAGEMENT RIGHTS
A. It is understood and agreed that the Cit
y ty rese�es and retains all of its inherent
managerial rights, powers, functions and<authonties, unless and only to the extent
that the provisions of this MOU specifically modify or limit such rights, powers,
functions and authority. The righty'of an employee to grieve the practical
consequences of City decisions on wag s,hours, and other terms and conditions of
employment shall not be abridged V
B. Department Supervisors are authors ed to f gn normal and,".alternative work
schedules to their employees, including`f examples such schedules as 5/40,
9/72.5, 9/80,4/10, or variations thereof.Any�hange between work schedules shall
require thirty(30) calendar days'-notice to�the affected employee.
C. Agreed Subjects Outside-f.B gaininL� The parties hereto agree that the City
shall have',the-r ght,to unilaterally make decisions on all subjects that are outside
the scope of bargain ng.Those subjects agreed`hy the parties to be outside the scope
ofbargauung shall include, but .not limited to, the following:
Determmne issues of policy and\make management decisions;
.: 2. Take_,any and`,all necessaty;action to carry out the mission of the City in
emergencies;
4;t3 N.1- Determine the mission of the City's constituent departments, divisions,
boards, con-mmissions, and committees;
4. iDetermiiie:the existence or nonexistence of facts which are the basis of any
management decision;
5. Determine the necessity, organization or level of any service or activity
conducted by the City and to expand or diminish such services or activities;
6. Determine the nature, manner,methods,technology,means, and. size of the. -
work.force'by which City operations are to be conducted;
7. Determine and/or establish types of equipment or technology to be used;
01247.0023/727612.2 7 I P a g e
8. Determine and/or change the facilities, methods, technology, means, and
size of the work force by which City operations are to be conducted
provided that, the City shall comply with its statutory obligation, if any, to
engage in impact bargaining over the foreseeable effects of the decision on
matters within the scope of representation;
9. Determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City
functions;
10. Determine policies,procedures,and standards pertaining to City operations
and activities; -
11. Determine and/or establish methods of financing;
12. Hire, transfer, promote,/and demote Unit embers for non-disciplinary
reasons, m accordancewtli this MOU and the�Cty�Personnel Rules and
Regulations;
13. Determine the teed and use of personnel'information for`Uit members and
the means by W ieh the information.'s to be provided, with Unit members
retaining their r`ight`sAo privacy as proyided by law;
14. Determine and/or (modify U ut, member.- job qualifications and/or
,classifications provided that; the City, shad comply with its statutory
obiigation.,if\any, to`dngage in impac-17 C bargaining over the foreseeable
',effects of the.decision on-matters within the scope of representation;
a
-F`15:-� Determme and/or change�.,work assignments for Unit members in
\% .d. ma's `s 1. ,
�; accordance with requuements�as determined by the City provided that, the
.; City shall comply with its�s atutory obligation, if any, to engage in impact
bargaining over.the foreseeable effects of the decision on matters within the.
scope'of representation;
r6. a Determine,Unit member performance standards, including but not limited
to quality:aiYd quantity standards, and to require compliance therewith;
17. Relieve-Unit members from duties for lack of work or similar non-
disciplinary reasons;
18. Discharge, suspend, demote or otherwise discipline Unit members for
proper cause, subject to Unit member's appropriate rights of appeal;.and .
19. - Determine arid-promulgate and/or modify rules-regulations to 'maintain
order and safety in the City which are not in contravention with this MOU.
01247.0 0 23/7276 12.2 8 I P a g e
ARTICLE 8—SALARY
A. Effective the first full payroll period after July 1,2021 or the first full payroll period
after City Council approval of a tentative agreement and/or an MOU, whichever
occurs later, all represented employees still on payroll at that time shall receive a 3
% total salary increase based upon the employee's regular base pay determined as
of June 30,2021.
B. Effective the first full payroll period after July 1, 2022, all represented employees
still on payroll at that time shall receive a 2 %total salary increase based upon the
employee's regular base pay determined as ofrJ6me)30, 2022.
C. Effective the first full payroll period aft er'Julye1;�2023, all represented employees
still on payroll at that time shall receive a. 0 total*salary increase based upon the
employee's regular base pay detennmd as of June,30 2023.
ARTICLE 9—HEALTH INSURANCE ==
A. Effective the first full payroll period after July,12021 or the first:full payroll period
after City Council app'.roval of a tentative agreement and/or a'lM" OU, whichever
occurs later, the City's9mon`ly contribution to employees' health insurance
premium will be adjusted,to:match the Ca1PERS Kaiser Region 3 premium rate.
The 2021 Cal RS Kaiser°Regf6n)3 Premium rate.is $670 per month.
t V t
B. Effective Tanuary�l, 2022, January l 2023,�and January 1, 2024 only, the City's
contributi n tot eh health insuraric premium will;be adjusted,up or down,to match
the CaIP;ERS Kaiser Region 3 premium rate.
ARTICLE_40: HOLIDAYSN,
A�r' All full tune�umt members sh`alkr ce eive the following designated holidays. If any
of the following holidays fall on a Friday or Saturday, the holiday will not be
` '\observed on tfie preceding Wednesday or Thursday. For any holiday that falls on a
'Sunday, the City,Manager'shall have discretion as to whether that holiday will be
observed on the`,Olowing Monday. Employees entitled to holidays shall be paid
the equivalent of the employee's one work day of compensation for the holiday.
1 Nek ear s Day January 1
2 Martiii�L ither King Jr.Day Third Monday in January
3 President's Day Third Monday in February
4 Cesar Chavez Day March 31
5 Memorial.DayLast Monday in May
- 6 Independence Day July 4
7 Labor Day First Monday in September .
8 Veteran's Day Second Monday in November
9 Thanksgiving Day Fourth Thursday in November
01247.0023/727612.2 9 P a g e
10 Day After Thanksgiving Fourth Friday in November
Da
11 Christmas Eve December 24
12 Christmas Day December 25
13 New Year's Eve December 31
B. Floating Holidays. All full-time unit members shall receive two (2) floating
holidays per calendar year in addition to any other vacation leave an employee has
accrued. Employees entitled to floating holidays,shall be paid the equivalent of the
employee's one work day of compensation4odthe floating holiday. Floating
holidays must be used by the end of the core sponding calendar year. Any floating
holiday hours not used by the end ofAh6':ealendar year will be cashed out and
included in the first pay period in January.'f
If the City elects to shut down for;the week of the Christmas Holiday, employees
may elect to use their floating,4i6hdays or any other avai Able time to cover the
remaining days of the Holiday week,
.N �,.
ARTICLE 11—OVERTIME `; \ff `
A. Rest Period. An employe who works s xten consecutive hours shall earn an
e ght-hour rest period.
An employee-shdhNbe compensated/'t his/her regular rate of pay for all regularly
scheduled work teriewhich falls while that employee is off on his/her rest period.
B. Overtim60vertune rs-all hours an1employee actually works over 40 in his or her
r g lar workweek as defin d by the Fair Labor Standards Act("FLSA"). Overtime
is compensated at time and one,'half°(1.5) the employee's regular rate of pay as
defined byhe�FLSA only actual'hours worked will be counted toward the 40-hour
threshold for purposeso"f°calculating FLSA overtime pay.
C. \Non-Exempt Overtime. Non-exempt employees are not permitted to work
overtime except as the department director authorizes or directs. Non-exempt
employees directed to work overtime must do so. Working overtime without
advance,approvalois grounds for discipline
D. Notice. For planning purposes, the City"will endeavor to provide seven (7) days'
notice of the need to work overtime to employees for non-emergency recurring
events.
ARTICLE 12—NO STRIKE/NO.LOCKOUT PLEDGE
A. Employee Organization Prohibited Conduct. The Union, its officers, agents,
representatives and/or members agree that during the'term of this.MOU'they will
not cause, participate in, or condone any strike, walkout, slowdown, sick-out, or
any other concerted job action by withholding or refusing to perform services.
01247.0 0 23/72 76 1 2.2 10 1 P a g e
Taking joint action or joining other employee organizations to engage in such
activity is included in this prohibition.
A violation of this Section by any Unit member shall constitute a just cause for
discipline up to and including termination under the City's Personnel Rules.
B. City Prohibited Conduct. The City agrees that it shall not lockout its employees
during the term of this MOU. The term "lockout" is hereby defined so as not to
include the discharge, suspension,termination,layoff,failure to recall, or failure to
return to work of the employees of the City in the exercise of its rights as set forth
in any provisions of this MOU or applicable ordinance or law.
C. Employee Organization Responsibility:in..,th6•tevent that the Union, its officers,
agents, representatives, and/or members engage I.1many of the conduct prohibited
herein, the Union shall immediately anstruct any persons engaging in such conduct
that their conduct is in violation of�this MOU, and require that all such persons
immediately cease engaging in conduct prohibited in herein;and return to work.
If the Union acts in good faith to meetits responsibilities as set`forth above, then
the Union, its officers,:agents, representatives and its members°shall not be liable
for any damages for prolibited conduct engaged in by any Unit members who are
covered by this MOU`
D. City Rights:The City shall-have h,rig t-to file air practice charge through
PERB of bring suit,for damages,rescission of°this MOU, and/or equitable relief in
a court of competen jurisdiction fo breach of this Article against the Union, its
officers;agents, representatives\or members.
ARTICLE13—DISCIPLY ErPROCEDURES�
A.{ Causes for.Discipline.Employees'may be disciplined for,including but not limited
`= to, any of the`"following causes of discipline:
;1 Violation gf any department rule, City policy or City regulation, ordinance
or resolution;
2. ,Absence without authorized leave;
3. Excessive absenteeism and/or tardiness as defined by the employee's
department head, and/or these Policies;
4. Use of disability leave in a manner not authorized or provided for pursuant
to the disability leave policy or other policies of the City;
5. Making any false statement, omission or misrepresentation of a material
fact;
01247.0 0 2 3/72 76 1 2.2 111 P a g e
6. Providing wrong or misleading information or other fraud in securing
appointment,promotion or maintaining; employment;
7. Unsatisfactory job performance as documented in accordance with the
City's Employee Performance Evaluation policy in the City's Personnel
Rules;
8. Inefficiency as documented in accordance with the City's Employee
Performance Evaluation Policy in the City's Personnel Rules;
9. Malfeasance or misconduct,which shall`e deemed to include,but shall not
be limited to the following acts or omissions:the damaging of City property,
equipment, or vehicles, or the waste of City supplies through negligence or
misconduct;
10. Insubordination, or insulting,or demeaning the_authority of a supervisor or
manager; t ;
11. Dishonesty;
12. Theft;
13. Violation of the,�C\ty'S,: r,4v.
\department's confidentiality policies, or
disclosure of confidential cinformaton-'to any unauthorized person or
entity, , r •,,
14. `.Misuse orunauthonzed'use of any City ,f perty,including,but not limited
to:,;physical property, tools,equipment, City communication systems, City
,.-- vehicle's offIntellectual`Property;
i 15. tshandling of public fund
16. Falsi iri i record
f',g an yC ty:.
7, Discourt`eoiis treatment of the public or other employees as documented in
X�accordance with the City's Employee Performance Evaluation Policy in the
'City's Personnel Rules;
18. Failu.,.to cooperate with employee's supervisor or fellow employees;
19. Violation of the City's Drug-Free Workplace Policy;
20. Violation of the City's. Policy Against.,Harassment; Discrimination.and -
Retaliation;
21. Violation of the City's Workplace Security Policy;
01247.0023/727612.2 12 P a g e
22. Unapproved outside employment or activity that violates the City's policy,
or other enterprise that constitutes a conflict of interest with service to the
City;
23. Any conduct that impairs, disrupts or causes discredit to the City, the
employee's City employment, to the public service, or other employee's
employment;
24. Failure to comply with Cal-OSHA Safety Standards and City safety
policies;
25. Altering, falsifying, and tamperingwithtime records, or recording time on
another employee's time record; or
26. Working overtime without pno�authorization:or refusing to work assigned
overtime;
27. Carrying firearms or otL dlangerous/weaapons- and \,' ..
28. Violations of Idtle XXII (for Chil'd•Care,Employees).
\�e B. Types of Disciplin Tfollowing are types of discipline which the City m y
impose on_all emplo.�ees. \
1. r'The following types of\discipline are.,not subject to appeal or any due
process protections
V .
�_-- (a) Oral;° Reprimands , :An oral reprimand should include the
,erfor employee is to'mance the take in the future and consequences
.`�
forfailure to correct the problem for which the employee is being
\wa ed'
(b) Written Reprimand - In the event that an employee should need
more than an Oral Reprimand, the employee may be issued a
_ lkh�en Reprimand through the filing of an Employee
,v .��Warnin Incident Report. This report is placed in the employee's
personnel file and a copy given to the employee with a complete
(statement regarding reason for such warning. A third warning given
for the same,reason constitutes cause for dismissal. A Written
Reprimand may not be appealed under this policy, but dismissal is
subject to appeal.
(c) As used herein, oral and written.reprimands include negative
performance evaluations and performance improvement plans, and
are not appealable..or subject to any due process.protections.. .
01247.0023/727612.2 13 I P a g e
2. The following types of discipline are subject to prior written notice and may
be appealed:
(a) Suspension Without Pay-The City may suspend an employee from
his/her position without pay for up to thirty (30) calendar days for
cause. Documents related to a suspension shall become part of the
employee's personnel file when the suspension is final.
(b) Reduction in Pay - The City may reduce an employee's pay for
cause. A reduction in pay for disciplinary purposes may take one of
two forms: A
(i) a decrease in salary�a.`bwer step within the salary range,
or
(ii) a decrease`in salary paid to a `employee for a fixed period
of timef'Documents related to",a reduction in pay shall
become partl`of the employee's personnel file when the
reduction in pay isfinal'., ,` ;
3. Demotion-The.:City,-may demote�an:4mployee from his or her position for
cause. Documents� relat;-ed� to a 'demotion shall become part of the
�. �..
employees personnel file when the demotion is final.
`�.
4. Dismissal,=.,The Ci may dismiss,an::employee from his or her position for
f" cause. Documents related t�the dismissal shall become a part of an
V'Iemp oyee'sN personnel file-when the dismissal is final.
C. `Discipline Procedures.Tlie followmg,discipline procedures shall not apply to the
C7ty's at-will employees`In addition all probationary employees are at-will.
` Accordingly; at will:employees r 4pbe terminated with or without cause and with
or without advance notice.
\-1\ The following discipline procedure shall only apply in the case of a
disciplin�aryaction of suspension without pay, reduction in pay, demotion
or dismissal'.
04. Pre-Disciplinary"Skelly"Notice to Employee-Written notice of the
`✓intended action shall be given to the employee setting forth the
following information:
(b) Grounds for discipline;
(c) Act or omission giving rise to intended discipline;
.(d) Effective date for.intended discipline;
01247.0023/727612.2 14 I P a g e
(e) All documents or records considered in proposing the intended
discipline;
(f) The time and date by which the employee can respond; and
(g) Notice that failure to respond at the time specified shall constitute a
waiver of the right to respond prior to the final discipline being
imposed.
2. Response by Employee and Skelly Meeting - If the employee requests a
meeting to respond orally to the charge;(s))the disciplining authority shall
conduct an informal meeting with the'r4'foyee, at which the employee has
an opportunity to rebut the charges jggainst him or her and present any
mitigating circumstances or rnaterial The disciplining authority will
consider the employee's pre ntanon before!taking any final disciplinary
action. �
3. Final Notice of Discipline to.Employee -In the case o`f�disciplinary action
of suspension, reduction in,�pay, demotion or dismissal\,; the disciplining
authority shall issue a final notice--of-discipline to be implemented which
shall include whe\e-;appropriate: ` \
(a) the level bf discipli,ie>.to be imposed hnd the effective date of the
discipline; ;
(b) the 5specific, charges upon which the discipline is based, including
�e the act'"or omission giving rise to the discipline;
/ (c) mall docurrients,,or records upon which the discipline is based not
previously provided- and'
(d),ti, ,a stat merit of the nature of the employee's right to appeal.
ti A _
4. Discipline Appeal Procedures-The following discipline appeal procedures
~°' shall not', :apply to the City's at-will employees. Accordingly, at-will
employees,:may be terminated with or without cause and with or without
advance notice.
(a) 'The following discipline appeal procedure shall only apply in the
case of a disciplinary action of suspension without pay,reduction in
pay, demotion, or dismissal.
.. . Request for Appeal
(b) q pp -Hearing -.An, employee who receives.a final. .
notice of discipline shall have ten(10)working days from receipt of
the notice,to file with the City Manager a written request signed by
the employee for an appeal hearing stating the grounds for"the -
appeal. Failure to file such a request within the aforementioned time
01247.0 0 23/72 76 1 2.2 15 1 P a g e
frame will result in the employee having waived his/her right to an
appeal hearing and appeal of the discipline.
(c) Hearing Officer - The appeal hearing officer shall be the City
Manager or his or her designee.
(i) In cases where the City Manager is the disciplining
authority, the City Manager shall not be the appeal hearing
officer nor shall the City Manager participate in the
designation of the hearing officer. In such cases, the City
Council shall designate th earing officer.
K
(d) Hearing Date - After the�selecWn of a hearing officer, a date shall
be selected by the hearirig�off cer fqr the hearing. The employee
shall be notified in writ g at least ten.(1,0)working days prior to the
hearing of the s eduliA date. ,
(e) Prehearing Noticaz,oRWitnesses - Five (5 'rking days prior to a
hearing, each parry shalhdentify to )v o
the opposing party all witnesses
and documents which thepartydisclosing the mfor'mation intends
to use`at the hearing. Failure 6,disclose a witness or document shall
require its-.eidQi6n from thetihdearing.
(f) - -t-Hearing Closed - Th&ji armg shall be a closed hearing unless the
f -emp)oyee requests in writing five (5) working days prior to the
hearing that the hearing'be open t the public.
(g) Record of Hearing The hearing shall be recorded, either
eleclrorueally or by a 66urt reporter, at the option of the City.
j� (h) Subpoenas -ponce request of either parry, and upon his/her own
motion,4the hearing officer shall have the power to issue subpoenas
. ..
tocompel attendance at any disciplinary appeal hearing. Each party
is responsible for serving his/her own subpoenas. The appealing
`. employee shall not be required to subpoena City employees, but
-�,-X-
rathb� must provide five (5) days notice before the hearing begins
,Ito the hearing officer of the request to have the employees appear.
,✓
(i) rEmployee Appearance - The employee shall appear personally
before the hearing officer at the time and place set for the
disciplinary appeal hearing. The employee may be represented by
any person he . she.may select.
5. Conduct at the Hearing
.(a) _.: ..All testimony.shall.be by oath onaffirmation. ..;
01247.0023/727612.2 16 P a g e
(b) The conduct and decorum of the hearing shall be under the control
of the hearing officer.
(c) Direct and cross-examination of witnesses shall be permitted.
(d) Hearings need not be conducted according to technical rules relating
to evidence and witnesses, but hearings shall be conducted in a
manner most conducive to determining the truth.
(e) The quantum of proof to be applied by the hearing officer shall be a
preponderance of the evidenced
(f) The hearing officer shall..not have,the power to alter,amend,change,
add to, or subtract from�any of tl�terms of these rules or City
Council resolution,bearing upon the Treater.
6. Decision-Within forty=fiv (45) days of the concl ion of the hearing, the
hearing officer shall make findings and-1\fmal administfative decision with
reference to the discipline imposed In doing so, the hearing officer's
findings and recommendations ihust'address all charges,and shall articulate
reasoning which.$ridges the analyhcalgap between the evidence and the
findings/recomme 'datTonsj .
�(a),The decisio `ofkthe hearing officer is=final except for judicial review
rr puriant to Code:\of"Civil Proeeddure §1094.5. There is no process
for reconsideration"..'.,
�A
(b) A,;copy=ofAhe decision shall be sent by mail method that verifies
delivery to<the lases own address of the employee. It shall be the
responsibility Mthe ployee to inform the City of his/her address.
Challenge by,.,'Writ �,Pursuant to Code of Civil Procedure section 1094.6, the
x-parties have ninetyA(90) daysfrom the date of the proof of service of mailing of the
Written findingsVdnd decision to appeal the City's decision on the appeal to the
Superior Court in;and for the County of San Bernardino.
rj
ARTICLE 14—GRIEVANCE PROCEDURES
A. Grievance. A grievance is an alleged violation of a specific provision of this MOU,
or the City's Personnel Rules, but shall not apply to any forms of discipline or
disciplinary appeal.
B. Step I:Informal Discussion with Supervisor.The employee shall,within ten(10)
working days of the event or action being grieved, or by reasonable diligence
should have known of the condition upon which a'grievance may based, first
attempt to resolve the grievance informally through -discussion with his/her
01247.0023/727612.2 17 1 P a g e
immediate supervisor in order to, in good faith, endeavor to clarify the matter
expeditiously and informally at the employee-supervisor level.
C. Step II: Department Head. If the employee believes that the grievance has not
been resolved through Step I, the employee may file written grievance with
his/her Department Head. Such appeal must be filed within ten(10) working days
of when the informal discussion took place between the employee and his or her
supervisor. The grievance must provide the specific rule(s) alleged to have been
violated, a description of the facts upon which the grievance is based and must be
signed by the grievant. The Department Head shall consider and discuss the
grievance with the grievant and the grievant',,s'designated representative as he/she
deems appropriate, and shall, within fifteen'(;1:5),working days of receipt of the
written grievance, submit his/her decision u .wting to the grievant.
/N
D. Step III: City Manager. If the employee believes;that,the grievance has not been
resolved through Step Il, the e ployee may appeal `the the, decision of the
Department Head with the City,Manager within ten (1,0)\working days of the
Department Head response or, 1ifAhe absence-of such reap rise, within ten (10)
working days of the expiration of the,time Owith�in which the-
which head is
required to provide o response. The appeaT.must be in writing and provide the
specific rule(s) alleged td1 e•been viol ',.'a description of the facts upon which
the grievance is based an& ust,be-signed by,the.,grievant. The City Manager shall
consider and iscuss the grievancetiwith�the grievant,and the grievant's designated
`•: - ._
representativ ;as he/she deems�appropnate;and shall,�within ten(10)cale dar days
of receipt of the written grievance,submit his/her� ecision in writing to the grievant.
The decision of the'.0 ty Manager shall be fmal4-
E. Time Limi'ts '\Failure of the City`,t�o-'comply with the time limits of the grievance
cedure specified'Aiove,shall be deemed a denial of the grievance by the City
and entitleAe grievant to appeal;toAhe next level of review. Failure of the grievant
. : .
{' `� to compl'y with theAiffie limits of-:the grievance procedure specified above shall
�. \terminate thetignevance,and constitute a waiver and abandonment of the grievance
ti by the employee. The parties may extend time limits by mutual written agreement
'in advance of the time limit deadline.
F. Representation,. An employee may request representation of his or her choice at
any stage;of the grievance procedure.
1. The grievant and designated representative shall receive release time for the
purpose of representing the grievant at any step. For purposes of this
section;representation includes reasonable preparation and.consultation.
2. The only limit on the grievant's representation is that there may be only one
other person from the bargaining unit on paid status. Representation shall
not inordinately interfere with the h6rmal'course of City business.
01247.0023/727612.2 18 1 P a g e
G. Self-Representation. In the event a grievant elects to exercise the right to self-
representation, and objects to the attendance of a representative, such individuals
shall be excluded,provided,however,representatives of the Union will have certain
rights of access to the records of the grievance proceeding. This right of access is
provided in recognition of the Union's interest in effective representation of its
members.
1. Accordingly, the City of Grand Terrace shall provide the Union access to:
(a) Information concerning the nature.-of the grievance.
(b) Any procedures utilized during the course of the grievance
proceeding.
(c) The results of the gnevance proceeding, including any discipline
imposed.
2. However,in order to rece'6 a the personal privacy:;interests of employees,
the City shall delete from the grievagc record:
(a) The name.of the employee:fil g the grievance.
(b) The employee's social se curityl;number, a dress, and telephone
..number.
4
(c�}rAny other personal,uiormation protected under right of privacy.
H. Freedom--:Trom Reprisal. N6� grievant shall be subject to coercion,
,,..�disci mination;,reprisal',or disciplinary action for discussing a complaint or
grievance with his,or lied immediate supervisor, or for the good faith filing of a
, grievances
ARTICLE,1-5,�SAVINGS,, USE;,_*_ �
Should any porti6iword, clause,phrase, sentence,paragraph, or provision of this
MOU b.e declared void or unenforceable by a court of competent jurisdiction, such
portion shall be considered independent and severable from the remainder of this
MOU, thevalid ty of which shall remain unaffected.
[SIGNATURES ON NEXT PAGE]
01247.0023/72 76 1 2.2 19 I Page
It is agreed this MOU shall not be binding upon the parties, either in whole or in part, unless and
until ratified by Teamsters and executed by its representatives along with City labor representatives
and then approved and adopted by the City of Grand Terrace City Council.
CITY OF GRAND TERRACE TEAMSTERS LOCAL 1932
G. Michael Milhiser JuaDelgado
Interim City ManagerBuness Agent
Colin J. Tanner �`�` Carlos Gon$ales\
Chief Negotiator ` ` Staff Coordinator/Business
Representative
u1's-Gardea
\mployee Steward
Ruben Montano
Employee Steward
\ fie .
ti
01247.0023/727612.2 20 P a g e
City of Grand Terrace
Teamsters Salary Schedule
Effective First Full Pay Period Following August 21, 2021
Step A Step B Step C Step D Step E
Classification Hourly Hourly Hourly Hourly Hourly
Building Permit Technician 22.18 23.29 24.46 25.68 26.96
Bus Driver 16.55 17.38 18.25 19.16 20.12
Code Enforcement-Animal Control Officer 25.67 26.961 28.31 29.72 31.21
Code Enforcement-Animal Control Specialist 22.18 23.29 24.46 25.68 26.96
Department Secretary 19.16 20.12 21.13 22.18 23.29
Finance Technician 18.25 19.17 20.12 21.13 22.19
Human Resources Technician 21.12 22.18 23.29 24.45 25.68
Maintenance Crew Lead 20.12 21.13 22.18 23.29 24.46
Maintenance Worker 1 15.01 15.76 16.55 17.38 18.25
Maintenance Worker II 16.55 17.38 18.25, 19.16 20.12
Office Assistant 13.62 14.30 15.01 15.76 16.55
Office Specialist 15.01 15.761 16.55 17.38 18.25
Planning Technician 20.12 21.131 22.18 23.29 24.46
Senior Finance Technician 1 21.121 22.181 23.29 24.45 25.68
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE,. CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2021736
was duly passed, approved and adopted by the City Council, approved and signed by
the Mayor, and attested by the City Clerk, at the regular meeting of said City Council
held on the 24th day of August 2021, and that the same was passed and adopted by the
following vote:
AYES: Council Members Allen, Robles; Mayor Pro Tern Hussey
NOES: None.
ABSENT: Council Member Wilson; Mayor McNaboe
ABSTAIN: None.
Executed this 26th day of August 2021, at Grand Terrace, California.
ebra L. Thomas's '
City Clerk