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It is expressly agreed by both parties that the City's determination to exercise those rights <br />described herein, shall not be subject to the meet and confer process. However, the impact of <br />exercising said rights is subject to the meet and confer process. <br />It shalt be the policy of the City that no employee shall be interfered with, intimidated, <br />restrained, coerced, or discriminated against in matters of employment, appoinhnents, <br />promotions, or other actions requiring the application of the merit principle. The City's actions in <br />exercising the rights described herein shall be based on merit and fitness, free of favoritism and <br />personal and political considerations. <br />SECTION 8: Contract Ne¢otiations <br />The bazgaining between the City and Union shall commence before 120 days but no later than 90 <br />days prior to the expiration date of the MOU or a date that is mutually agreed upon in writing by <br />both parties. <br />SECTION 9: Contract Bar <br />It is understood that this MOU shall constitute a bar to any petition or request for recognition in <br />any unit which includes classifications of empioyees covered by this MOU where such petition <br />or request seeks to represent such employees at any time prior to the expiration of this MOU. <br />ARTICLE II - COMPENSATION <br />SECTION 1: Salarv <br />All employees shall receive a base salary as set forth in the Pay and Classification Plan for the <br />City of Colton. <br />General Wage increases as follows: <br />3% retroactive to January 1, 2005 (includes elimination of Longevity Pay) <br />2% effective July 1, 2005 <br />2% effective July 1, 2006 <br />Salary survey to be conducted between September 2006 and December 2006: 50% of average <br />total compensation to be effective January 1, 2007 and the remaining 50% effective July 1, 2007. <br />The City and Union agree to accept the total compensation average of surveyed cities. The cities <br />include San Bemardino, Rialto, Riverside, Redlands, Yucaipa Valley Water District, East Valley <br />District, West Valley District, Upland, and Corona. The highest and lowest surveyed agency <br />shall be excluded from the total compensation average. <br />SECTION 2: Overtime <br />Overtime Pav <br />All employees required to perform in excess of 40 hours in a seven-day cycle shall receive <br />compensation at the rate of one and one half (1 %) times his/her regular rate of pay. <br />10/24/OS Page 8 of 42 <br />Colton M O U Water Wutewater Unit Draft No 4 <br />