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HomeMy WebLinkAboutRESO 6388.ORIGINAL RESOLUTION NO. 6388 RESOLUTION OF THE COUNCIL OF TtiE CITY OF PALO ALTO AME~DING SECTION 1401 OF THE MERIT SYSTEM RULES AND REGULATIONS The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Section 1401 of the Merit System Rules and Regulations ia amended to read JS follows: • 1.to 1 • llemOrandua of agreement iocorporat.ed by reference. That certain memorandum of agreement dated May 7, 1985, by and between the City of Palo Alto and Local 715A, SEIU, AFL-CIO, CLC, consisting of a Preamble and Articles I through XXVI with six appendices attached thereto and incorporated therein for a term commencing May 1, 1985, and expiring April 30, 1987, is hereby incorpo- rated into these Merit System Rules and Regulations by reference as though fully set forth herein. Said memoran- dum shall apply to all employees in classifications repre- sented by said Local 71 SA, SEIU, AFL-CIO I CLC, except where specifically p~ovided otherwise herein. •1n case of conflict between this chapter and any other provision of the Merit System Rules and Regulations, this chapter will prevail over such other provision as to employees represented by said Local 715A, SEIU, AFL-CIO, CLC." SECTION 2. The changes provided for in this resolu~ion shall not affect any right established or accrued, or any offense or act commit- ted, or anv penalty or forfeiture incurred, or any prosecution, suit, or proceed1119 pending, or any judgment rendered prior to the effective date of this resolution. SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSEDi May 28, 1985 AYES: Bechtel, Cobb, Fletcher. Klein, Renzel, Sutorius, Woolley NOES: None ABSTENTIONS: Levy ABSENT= Witherspoon d I .. •· • .e . 19fl5 ~87 t-tn1o~MIDllM. OF AGPEEHENT City of Palo Alto and Local 715A, SEIU, AFL-CIO. CLC PRF.AMBLF. This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter referred to as the City} and local 715A Service Employees International !Inf on, AFL-CIO, CLC (hereinafter referred to as the l'nion). Emplo.vee, for the purposes of this Memorandllft of Agreement, shall Aean an e111ployee assigned to a classification - within the SEIU unit. This Menorandum of A~reement is pursuant and subject to Sections 3500 -3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations. ARTICLE I -RECOGMITirH Section 1. Pursuant to Sections 3500 -3510 of the Goverr.r.lent Code of the State of Caltfornia and Chapter 12 of the City of Palo Alto Merit System P.ules an~ Regulations, the City recognizes the Union as the exclus1ve representative of a representation unit consisting of ali regular fu11 and part-ti1t1e employees in the classfffcatfons listed fn Appendix A attached. This unit shall for purposes of identiffcation be titled the SEHi unit. Section 2. No super\fisor will perfo,,., the work of an eMployee fo the S!:Ill unit provided that there is an emoloyP.e available who re~ularly performs such work. This does not preclude a supervisor from perfonriinq work of a minor nature or during bona fide ewtergenc1es or on a standby status when willfnq and nualifi@(f unit eAoloyees tic not live within a reasonable response t;me of the Municfoal Service Center. Supervisory personnel shall be called out to oerfont1 unscheduletf work only when SEW unit employees are unavailable to perfon:J such "'°ric or fn cases of bona fide e11ergencfes as defined in Article VIII, Section 2. In cases of bona f1dP. emergencies, SEIU unit employees shall be called out to catttplete the necessary work after the inmediate emergency situation has been reasonably contained. ARTICLE II • NO DISCRIMINATION Sect ton L The Cfty and the IJnfon agree that no person employed b_v <'r a pot ying for emp1o)'ll1ent hereto shall be discri•inated against because of race, re11gfon, creed, political affiliation, color, national orfgin, ancestry, union activity, aqe, handicap, sexual preference, or sex unless sex fs a bona 'ide occupational qualification as defined in Federal or State law. • MEMORANDUM ~ AGREEMENT Page 2 .e Section 2. The City and the Union aqre~ to protect the rfqhh of all enoloyees to exercise their free thofce to Join the Unfon and to ah1tte by the exoress provisions of applicable State and local laws. SP.ction 3. The City and the Union will cooperate in put·suing a policy of affi1"1'1at1ve actton. Any Cfty-~stablished advisory employee connittee relatfnQ to afffnnative action shall provide fair Union representation on that COl!lftittee. ARTICLE II I -UNION SECURITY Section 1. When a person is hired in any of the covered job classifications, the eity shall notify that person that the Union is the recoonizerl barqaininq representative for the employee in said Unit and give the etnployee a current copy of the Helllorandum of Agreement~ ~hen a group employee orientation is held for new employees of the bargaining unit, a union representativ~ Play make a presentation to such bar-qafnfng ~nft emnloyees for the purpose of explaining ~atters of representation. The presentation shall not exceed 15 ~inutes. Section 2. Maintenance of Menlbership. Al 1 Union l'lelnbers on payroll deduction for payment of Union rlues on ttte day of the siqnf ng of this ~randuPt of Aor~ent must remain on payroll deduction for the lffe of this Memorandt.fll' of Agreement or so lonq as they reraain meallbers of the representation unft. Union lllefllbers who establish dues payroll deduction during the te"' of the Meinorandum of Agreement must remain on payroll deduction for the life of this '1enlorandm of Aqreeaent or so long as they remain lllE!f!Sbers of the representation unf t. Unfon members on dues payroll deduction may declare their intention to terminate such payroll deduction following expiration of this Memorandllft of Agreement during the 30-day period between 60 and 90 days prior to expiration of the Menlorandt111t of Agree.ent. The City will notify the Union of all payroll deduction cancellations under this provfsfon. Section 3. The City shall supply the Union with: a. a 110nthly c°""uter run nf the names. addresses and classifications of all unft employees except those who ffle written notice ~ith the Personnel Department objecting to release of arldresses, in "lhfch case information will be transmitted wfthout adrlress. b. a list of representation unit new hires. ten1fmstfons and retirements which occurre.1 durf ng the previous MOnth. Section 4. Payroll D~uction. The Cfty shall deduct Unfon fltelllbersh1o dues and any other i!llUtually agreed upon payroll deduction from the b1-weetly pay cf IRC!ftber employees. The dues deduction •st be authorized in writing by the e11ployee on an authorfzatfon card acceptable to the City and the Unf on. The dues deduction card shall include a check box for those e11Ployees who wish the Union to receive notification in the event of unsatisfactory work, conduct. or tthcfplfnary actton • .. ·• • •• MEHORANDUH OF AGREEMENT Page 3 taken pursuant to Article XX. City shall remit the deducted dues to the !Inion as soon as pcssfble after deduction. Section 5. Bulletin Boards and Oe~artmental Mail. The Union shall have access to Tnter-office mafl, exfst1ng bu11et n boards in unft employee work areas, and existing Union-paid telephone answering device for the purpose of postinQ, transmitting, or distributing notice or announcei~ents including notices of s0<:ial event.s, recreational events, Union inembership meetings. results of elections and reports of mfnutes of Uni on meetf ngs. Any other material must have orior approval of the Personnel Office. Action on approval will be taken within 24 hours of suhrrlfssfon. Section 6. Access to Union Representatives. Representatives of t~e Union are authorized access to Cf ty work 1ocatinns for the purpose of conduc~ing hus1"ess within the scope of rep1·esentation1 provided that no di srunti on of 'llOl"k is involved and the business transacted is other than recruiting of members or co11ectinq of dues. and the representative must notify the Personnel Department Office prior to entering the work location. Section 7. Meetirlg Places. Ths Unfon shall have the right to reserve City meeting and conference rooms for use during lunch periorls or other nnn-workinq hours. Such meeting places will be made ayailable in confot"mity with City's regulations and subject to the lfmftatf~ns of prior connitlllent. Section 8. Notfficatfon to the Union. The Union shall be infonned in arlvance fn writing by Management before any proposed changes not covered by this flotf!morandUl!1 of Agreement are made in benefits. working conditions. or other terms and conditfons of employment which require aeet and confer or meet and consult process. Section 9. Union Logo. All materials and documents produced on Itek and 111etal plates, by the Cfty print and reproduction shop, shall carry the Union label on the inside of covers or title pages in accordance with customary prf ntin~ trades practices. Section 10. The City shall make available to the Union in a timely ~anner copies of all City Council meeting agendas, minutes and schedule of ~eetfnqs. These materials may be picked up at the City Clerk's Offfce during business hours. ARTICLE IV -STEWARns Section 1. The Union agrees to notify the Of.rector cf Personnel of those fnrifvidual s iestgnaf!d as Union officers and stewards who receive and investigate ~rievances an~ represent 9"J)1oyees before Hunag~t. Alternates may be desiqnaterl tti ne~form steward functions during the absences or unavaflab111ty of the ste~ard. Section 2. The nt.Rber of stewards designated by the Union at a given t1Me shall not exceed twenty-five (25). MEMORANDUM CF AGREEMENT Page 4 Section 3. It is agreed that, as long as there fs no df sruptfon of work, stewards shall be allowed reasonable release time away frOlll their work duties, without loss of pay, to act fn represe"tf ng a unit employee or ertployees on grievances or matter~ within the scope of representation, including: a. A meeting of the steward and an employee or employees of that unit related to a grievance. b. A meeting with t.1anagement. c. Investigation and preparation of grievances. Grievances may be transmitted on City time. All steward release time shall be reported on tfme cards. Section 4. The Union agrees that the steward shall give advance notification to hls/her supervisor before leaving the work location except in those cases involving ~ergencies where advance notice cannot be given. Section 5. Three Unf on officers who are City employees shall be allowed a resonable amount of release time off for purposes of meeting and conferring or meeting and consulting on matters wfthfn thP scope of representation. All such tfi'M! will be reported on time cards. Section 6. Union stewards NY utilize space fn assigned desks for storage of Union inaterfals. In the event stewards are not assigned ~esks the Cfty will provide locker s~ace for storage of Union materials. ARTICLE V -REDUCTION IH FORCE Section 1. In the event of reductions fn force, they shall be accQ11tpl fshed where\'er oossfble throu~ attrf tfon. Section 2. If the work force is reduced within a deparblent, dfvfsfon, or office for reasons of change fn rlutfes or or~anfzation, abolition of Posftfon, shortage of work or funds, or completion of work, employees with the shortest lenqth of servfce w111 be laid off first so long as eaployees retafned are fully qualfffed, trained. and capable of performing re11ainfng work. Length of service for the purpose of this article will be based on total City service in a regular classtffcatfon or cl assf fications. Employees laid off due to the above reasons will be given written notice at least thirty days prior to the reduction in force. A co,,y of such notice will be given to the Union. Such 911p1oyees shall be offered priority ~loyment rights to regular or casual positions which are requf sftfoned and for which the employees are qualified for a period beginning with notf ff cation and ending sfxty days following the reduction fn force. Employees transferred or reclassfffed under • • • MEMORANDUM OF AGREEME~T Page 5 this section will be assi9ned to the step in t~e new classification salary ranqe closest to the employee's salary range at the time of reclassification. Section 3. Employees identified for layoff who have seniority (bur1pinq) ri9hts to equal or lower paying regular or hourly classifications within their division Aust declare their intention to exercise these rights within five (5) workinq days after written notfffcatfon of layoff, otherwise bumping riqhts will autOfllatically terminate. Bumping shall not occur outside the division, except that employees subject to layoff. who dur~ng the ?.4 month period irmtediately previous to the layoff date, held other classes anywhere in the representation unit shall he allowed to exercise seniorfty to b~ employees fn such ot;·er classes. To successfully bump, the employee 111Jst be fully qualified, trained, and capable of perfo~f"~ all work in the new classification. An employee who ~eclares bumping rights may not also claim pr;ority employment rights. For purposes of this section of the Agreement. the term Mworking days• shal 1 mean Mondays through Fridays, exclusive of holidays. Section 4. Re-E!1J?loyment List. The names of persons 1aid off or who through bumping changed c1ass1ffcat1on 1n accordance with the provisions of this article shall be entered upon a re-elftPlo,yment list in seniority order. The person with the hf ghest seniority on a division re-eaploywqent list for a particular classification ~hen ~ vacancy exists 1n that c1assf ftcat1on in that division shall bP. offered the appoint:Plent. Names shall be carried on a re·et11ployment list for a period of two (2) years frOll the date of separation from City service or change of classification through bU11Pi ng. Section 5. If. pursuant to Section 2, the City fs unable to offer a reQular or casual position to an ~loyee during the period be~fnnina with notification of layoff and ending 60 days following layoff, the City shall pay the employee a severence pay equal to one ~onth's salary at the employee's final rate of pay prior to termination. Section 6. Employees laid off pursuant to Section 2 who are reinstated to a reqular position within sixty days shall retain the sick leave balance thP..v had at the tfMP. of layoff unless they have received a sick leave payoff in accordance with Article XII. Upon refnstat~"t the f!lll'ployee's hire date of record at thP. time of layoff wf 11 be reinstated. ARTICLE VI -PERSONNEL ACTIONS Section 1. Probation. Each new regu1ar or part-tflle eiwployee shall serve a probationary per10d of sfx (6) 110nthst COll!tencfng wfth the first day of his/her employ11ent. The probatiOflary period shall be regarded as a part of the testing process and shall be utfl hed for closely observfng the mployee' s work, for securf ng the effectfve adjustment of a new e11ployee to hfs/her positfon. and for rejectfnq any probationary e11Ployee whose perfot"IMnce does not meet the acceptable standards of work. At least one written perfo...ance appraisal will be given each probationary employee on or before expiration of the probationary period. Nonnally th1s appra1sal ~n 1 be given at the end of the thf rd MOnth. ----------------------------~~~-------- MEMORP.NOUM CF AGREEMENT Page 6 In the event of termination prior to successful COMpletfon of the probationary period, such ten'!lf nated employee sha11 he given written notice of his/her termination with the reasons for the termination stated therein. nie Personnel Oe~artment shall, upon request, afford an fntervfew in a tfl'le-ly fashion to the tennf nated erttployee for discussion of the reasons for termination. The employee may, upon request, be accompanied by a Union representative. The interview shall not be deemed a hearf nq nor shall it obligate the City to reconsider or alter the tennfnatfon action. The parties agree that probationary employees shall have all rights under this Memorandum of Agreement, including full and complete access to the grievance procedure, save and except for instances of sus~ensfon, demotion or tenninatfnn. Section 2. Personnel Evaluations. Personnel evaluations will be given employees as scheduled by Hanagement. Personnel evaluations are not apoP.alable throuqh the grievance procedure but. in the event of disa~reecqent over content, the E=!mployee may request a ~eview of the evaluation wfth the next hf9her level of Managet"lentt fn consultation with the Personnel Oepartment. For purposes of this review. the employee may be represented b.v the Union. nechfnl'!~. regardfnq eva1 uatf on appeal shall be made in writing within ten (10) working days following the review rteetfng. Section 3. Personnel f"fles. Records of all dfsC'fplfnary actions shall be ker>t in the central personnel file. Eatployees shall be entitled to sign and date all action fon1s in their personnel files. El'lployees are entitled to review t~efr personnel files upon written request or to authoriz~. fn writing, review by their Union representatives. An employee or the Union shall be allowed, upon reasonable reauest, copies of materials 1n an Enployee's personnel file relating to a grievance. Records of disciplinary actions shall he removed frCJlll a personnel file upon written reauest by the employee or fn the normal process of filt review after a period of three y!ars, or sooner as 11utua1ly agreed by ritanagement and the e111ployee. Section 4. Release of Information. The City will only release ~nfor11ation to creditors or other persons upon proper 1dentf ffcation of the inquirer and acceptable reasons for the inquiry. Infonnation then given from personnel files is lf•fted to verification of emplo~nt, length of employment and verification and rl1sclosure of salary range information. Release of more specific 1nfontation ma.y be authorized by the employee. Section S. Promotional Opportunitfes. (a) Posting Pr0nt0tfonal opportunities for classf ffcatfons within the representation unit will be posted for at least t!n (10) working days (Monday through rriday) prior to selection. Outside recruf tMent may be used for pr01110tf onal openings only fn cases where there are fewer than three qualf ffed internal candidates within the departllent where the vacancy occurs. If used, outsf de recruiment may begin at the tf111e of posting, or any ti11e thereafter. MEMORANDUM CF AGREEMENT Page 7 {b) (c) Internal Candidate Eligfbflftf. Ail non-probatfunary representation unit employees are el1gfble to app y for posted promotional opportunities, except that management may waive this requirement for all probationary enp1cyees within the department where the promotional opportunity occurs. Selection The selection procedure for each promotional openfn~ will be determinerl and administered by the Personnel Department in consultation ~ith the requfsftfoninq department. 5electfon procedure and job description infol"T'lation will be available at the Personnel Office at the time of postin9. Efforts wilt be made to standardize tests and procedures where standarization is feasible and appropriate. Any tests used shall be reasonably pre'1ictive of success in the classification, and tests may not be biased with respe.;t to race, sex, religion, creed, political affiliation, color, national orfgfn, ancestry, or aqe. Selection procedures may include any or all of the following phases: (1) (2) (3) (4) (5) Application. Both inside and outside candidates will make applfcation on fon11s specfffed by the Personnel Department. Applications must be submitted to the Personnel Office. Screening. Applications will be screened by the Personnel Department to ascertafn whether candidates meet minimt.1n requirements as outlined fn the job description. Perfonnance Testing. Performance tests, such as typing, Machinery or vehicle operation, skills demonstration, physical agility, etc., will ~e qualf fying. Pass-fail points wfl'f be announced in advance for qual ify'f ng tests. If requested in writing prior to the test. perfonnance test may be witnessed by Union steward. Written Tests. Written achievaaent or aptitude tests will be oualifying. Pass-fa'fl points wil 1 be announced f n advance for qualifying tests. IntervfewsboA~rafsals. Interviews Aay be conducted individually or by tntervtew a s arid will be qualifyinq. Interview boards shall be compcsed of qualified and unbiased peop1e. Where interview boards are used, Management will include at least one ba,,:iainfng unit emoloyee on each board. If individual interviews or an interview board is used, a majority of the fndfvfduals or board members Must recOftllend a candidate in order for the candidate to qualffy for appointrlent. Performance appraisals written by candi~ates' supervisors may be used as indicated in the selection procedure. (d) RecOlllnended Candidates Car.dfdates who successfully complete all phases of the selection procerlure will be rec01N11ended to the appointing authority. MEMORANDIJf1 OF AGREEMENT Page 8 (e) App.ointment The appointing authority wi 11 make appof ntments from ainonq those recoarnended candidates who are most qualified as detennined by objective review of selection rrocedure results and backgroun~ materials. With regard to nromotfonal opportunities, the followfnq Factors will be considered eQually fn Maki~ appointments: Past perfonnance, affir'f'lative action anrl senfority. Additional inforn1atfon regarding tN! application of past perfonnance and affirTtatfve action criteria to specific ooenings is available upon request from the t4!tployment administrator. (f) Violations Any violation of this Article may be appealed to the Personnel Director in Step III of the grievance proc~ure. Section 6. Unf t employees applying for a vacant equal or lower paying pasftion shall have the same rights as unit employees applying for a proritotf on. Sect.ion 7. Al~rentfce Positions. The City shall establish apprentice positions wherever feas le. Length of apprenticeship, type of trainfnq, and pay levels shall be by mutual agreement. Where possible, apprentice positions will underf111 regular posftions so that incumbents may autanatically progress to the classification for which they are training upon succ~ssful completion of apprenticeship. T~e City will 119eet and confer with the Union before addf ng any new apprenticeship proqrams during the term of this agreement. All apprenticeship p~ograMs in e~fect at the beginning of the agreement are lfsted fn Appendix R. Section 8. In assf gnfng employees to regular or special shifts, transfer, standb.v. overfime. or vacation selection, ability to perfot'M the work, length of service and/or equitable rotation shall determine the asstgnments. I" accordance with thf s provision, MOre definitive rules may be arranged by Mutual agreement of the Union and individual City departments. ARTICLE VII -PAY RATES AHO PP..ACTICES Sec ti on 1. a. Waaen's Pay Equity. In consideration of pay equity adjustMents made by the tity for various cate90rf es of pred011inately female jobs whfch were the subject of the union's grievance filed on June 7, 1984, the Unfon agrees as follows: 1. It shall withdraw the aforementioned grf eva~ce W"'~h prejudice and not seek to reintroduce that grievance involving is~ues which were or •f ~ht have been raf sed in the 1984 grievance during the tenn of thf s aqreeement. 2. The Union shal 1 withdraw and not pursue the pending Title VII charge ft ffled with the EEOC during 1975. During the term of ttiis agreement the MEMORANDUM Of AGREEMENT Page 9 llnfon shal 1 not rafse the f ssues of sex-based wage di scril'linatf on. women's pay equity or comparable worth throu~h litf~atfon. By vfrtue of entering into this agreement, the oarties agree the City does not concede that there was df scrfmfnatf on in the oast. Women's pay equfty adjustlltents are as follows: Reclassificaticns effective wfth the pay perfod including May 1, 1985: Top Step Top Step Previous Approx. Approx. Class Hourll Monthl,l New Class Hourll'.: !1onthly Lib Clerk s 8.61 $1492 Lib Asst s 9.04 $1566 lib Asst 9 .. 99 1558 Lib Spec 9.85 1707 Lib Acq Spec 9.85 1707 L fb Assoc 10.13 1790 Lfb Oata 9.04 1566 Lib ~ssoc 10.31 1790 Entry Spec Lib Assoc 9.83 1703 Lib Assoc 10.33 1790 (2 Tech Svcs positions) lfb Assoc 9.83 1703 librarian 10.81 1873 (7-3/4 posf tf ons) Librarian 11.63 2015 Sr librarian 12.79 2216 Supv Catalog To Manageqent Supv Ch11 d Svcs To f1anagement MEMORANOIJf'\ Of AGREEME~T~ Page 10 Special adjustments at the E-Step effective with the pay period fncludfng May t~ 1985. Percentage increase added without compoundfnq to the six percent (6i) general increase fn Section l(c): Parking ~tonitor 1oi Supervisor, Ci rculatfon si Coordinator Special Services 5\ CoPrnercial Services Specialist Si Utility Business Office Ren 5' Customer Services Rep Si Staff Secretary 5% Executhe Secretary Si Utility Accounting Technician Si Control Accounting Specialist Si Control Accounting Assistant Si Control Accounting Specialist -Lead 5% Purchasing Technician si Program Assistant St Comuni ty Service Officer SS Data Entry Operator 5\ Data Entry Operator -Chief 5'.f. Office Spe<:ialist 51 Office Assistant Si Police Desk Specf a list SS Pol ice Off fee Assf stant Si Special adjusblents at E-Step effective with the pay period including May 1, 1986. Percenta9e increase added without compoundf ng to the five and one-half percent (5-l/2i) general increase in Section l(d}: Librarian ioi library Assistant 7S Library Specf al f st Ji Library Associate 7'.t Ca..ercial Services St>ec1a11st 6-t Utflfty Business Office Rep 6i Custolller Service Rep 6'.t Parking Monitor 5'.t Staff Secretary SS ExectAtive Secretary 51 Senior Librarian St Utility Accounting Technician H Control Accounting Specialist 2i Control Accounting Assistant 2'.t Control Accounting Specialist -Lead 2' Purchasing Technician H Program As sf stant 21 Comunity Service Of ff cer H Data Entry Operator 2i Data Entry Operator -Chief 2' Office Special f st 2' Office Assistant 2'1 Police Desk Specialist 2S Police Offf ce Asshtant 21 t1EM()qANDUflt Cf" AGREEMENT Page 11 b. Other E~ity Adjustments. Effective wfth the pay period fncludfng May 1, 1995, t fOllowfng c1assff1catfons shall receive specf al equity adjustments at the E-Step as indicated with the percentage increase arl~ed without ca11pounding to the six oercent (6i) qeneral fncrease fn ~ection l(c}: Industrial Waste Inspector 5% Senior Industrtal Waste Inspector 5~ Supervisor General Recreatfon 4% Producer Arts & Sciences 4% Instructor, Arts & Crafts 4% Coonl Social & Connunf t.v Services 41 Storekeeper 4i C01111Unfcattons Technician 4% Naturalist 4t Heavy Equipment Operator ·Ji Heavy Equipment Operator -Lead 3i Equf SJIWE!nt Operator 3i Equipment Operator -Lead 3S Utflfty Engineering Estimator Ji Electrician Ji Electrician -Lead Ji Lfneperson/Cable Splicer 31'. Ltneperson/Cable Splicer -Lead :ri Chf ef Meterperson Ji Cathodic Technician Ji Electrical Assistant 31: Cable Splicer Assistant 3'I Chief Electrical Underground lnsp Ji Trafffc Signal Technician 3'I Utility Install Repair 3' Utflity Install Repair Assistant 3i Utility Install ~epair -Lead Ji Fac111tfes Carpenter -Lead Ji Facflftfes carpenter 3' Facilities Paf nter 3i Facfl fties Mechanic 3i Facilities Electrician 3' Facilities Assistant 31 Refuse Disposal Attendant 2' Building Inspector H City Ordinance Compliance Inspector 2' Bufldinq Inspector -Specialist 2i Park Maintenance Person ?.i Golf Course Greenskeeper 2i Sprinkler System Pepa1rer 2i Golf Course Maintenance Person 2i Parks Maintenance Assistant 2' Gang Mower Operator 21 Gang Hower Mechanic 21 Parks Maintenance Person -Lead 2' Parks Crew -Lead 2S MEMORA~OUM OF AGREEMENT Page 12 Utility Instrument Technicfan Electrical Systems Disp. Golf Course £quiPfllent Mechanic Electrf c!l Map Draftsperson Engineering Technician 1 Engf neerinq Technician II Engineering Technician III Senior Operator. WOC Supv, Eng1neering Services c. Effective with the pay period includi~9 May 1, 1985, a sfx percent (6i) increase at the E-Step will be applied to all classifications fn the representation unit. d. Effective with the pay period including May 1. 1986, a 5-1/2t increase at the E-Step will be applied to all classifications in the representation unit. e. Effective with the pay period including May 1, 1985, Grade III certification will no longer be an E-Step requirement of the Water Oualfty Control Plant Operator II classification. f. Salaries for all represented classes during the term of this agreement are listed fn Appendix A. Section 2. Step Increases. Merit advancements from the first salary step to the second salary step shall be granted at six-month intervals and between second and subsequent steps at one-year intervals if the affected erriployee has dePlonstrated continued improvement and efficient and effective service. For the purpose of detennining step t1Pte requirements. til'le will c01T111ence on the first day of the month coinciding with or following entrance onto a salary step. Step increases shall be effective on the first day of the payroll period in which the tfme requirements have been met. Section 3. Annual Adjustment. Annually. each employee who holds a regular full-time appointi'lient in the municipal service on or before July first and continues in such status t~rough the first pay period in December shall receivet in addition to the salary prescribed herein, a salary adjustment equal to one percent (1%} of the employee's current annual salary; or at the employee's option and subject to management approval, 24 hours pafd leave to be used prior to the January 31 following. Annual adjustments or time off shall be prorated to reflect appointment from January l through July 1 of the current year, or inter~upted service during the year. Section 4. ~orking Out of Classification. The term •working out of classfficatfon• fs defined" as a Management authorized full-tfme assfgn111ent to a budgeted position on a temporary basfs wherein all significant duties are oerfor!ted by an fndivfdua1 MEMORANDi.... OF AGREEMENT Page 13 holding a classification within a lower compensation range. Pay for working out of class'lf1cat1on shall be as follows: (a) Employees appointed to unfilled requfsftioned positions on an •out of classf ffcatfon• basis will receive acting pay within the range of the hi9her classfffcation beg1r.ning the first day of the assignment. (b) E~ployees appointed to a position for vacation. sick leave or other leave of absence coverage will receive acting pay within the range of the higher classf ffcatfon after two days of assfgll'tent in the acting position cumulative over the agreement year (May 1 to May 1). The step within the range of the higher classf ffcatfon will be the step at which the e,aployee would be paid ff permanently a~pofnted to that classification. Out of classification provisions do not apply to work assignment performed fn connection with specific predetermined apprenticeship or traininq progra"s or declared conditions of public peril and/or disaster. Section 5. Classiffcatf on Changes (a) During the course of this agreement, the City shall notify the employee concerned in case of contellpl ated change fn job content as contained in the classf ffcatfon descrfptfons which were fn effect at the beqfnnfng of the agreeilent. The Union shall be notified in advance of any contemplated changes in classification description and such changes shall be subject to the meet and confer process during the tel"ll of this MetnorandE.R of Agref.!P.lent. If the Union and the City cannot reach agrement on the appropriate pay level for a job so reclassified, the classfffcation descrfptfon shall revert to its for'lller status. Section 6. Classfffcatfon Studies. t1anageMent will study the following c1assff1catfons wfth the study to be CORtOleted by Novetnber 1, 1485. Any salary changes resulting from the study will be subject to meet antt confer and will be fmplemented in the 1986-87 budget. Classes to be studied are as follows: Heavy Equip11ent Operator (Light & Power} Producer, Arts and Sciences Progras Instructor. Arts & Crafts Naturalist (b) An e111ployee or hf s/her representative may request fn writing a re-evaluation of hf s/her job based on sfgnfffcant changes fn job content or sfgnfficant dfscrt1pancfes betwen job content and classiffcation description. The request lltUSt contain justf ffeat1on and may be l'llade only during the period of f>ecet!Jber 10 through January 10. A statet!lent by A1anagement that a jo~ re-evaluation request will be submitted wtth the departmental budget does not relieve an ~ployee from tne res!)Ons1b11tty of submitting his/her own request during this per1od. The Adlllinistrator of COlllPf!nsatfon wfll resoond to such requests fn a timely manner. If nseetfngs are held the e11tplo,ee ~ request representation. Any changes MEMORANDUM OF AGREEMENT~ Page 14 determined w111 become effectfve the ffrst pay period following fiscal year or the job wf 11 be returned to its previous status. Section 6. Advance of Yacat;on Pay. Vacation pay shall be made available fn advance of regular pay day provfded that employee requests such advance fn wrf tfng to the Controller's Office at least two weeks prior to his/her vacation dat!. The employee's supervisor must verify vacation date on the request. Sectfon 7. Assfgmnent to a Lead Position. All vacancies in lead posftf~ns shall be filled in accordance wftli Article vt. section 5. The pay range for the lead position shall be seven percent above the pay step of the highest pafd e111ployee on the crew. Departmental exceptions for filling lead posf tfons on a rotational basis for training and developnent purposes may be arranged by mutual agreement of the Union and individual City departments. Current exceptions are listed fn Appendix C. ARTICLE VIII -HOURS OF WORK, OVERTIME, PREMIUM PAY Section-~. -Work Week and Work Day. The standard work day for re9ular employees sha 11 be ef ght hOurs to &e woHCea w1 th1 n a ux f mt.111 of n1 ne hours (five day work week) or ten hours to be t«trked wf thin a 11axhnm of eleven (four day work week) or nine hours to be worked within a maxfaaa of ten (four and one-half day work week). The standard work wttek shall be forty hour~ to be worked wfthfn five consecutive days. Existing exceptions to the above •re listed in Anpend1x D. The Union shall be notified of any further exceptions to this section fn accordance wfth Article III, Section 8. Section 2. Overtime Work. (a) Overti11e work for all unit employees shall be defined as any t111e worked beyond the standard work day or beyond the standard work week. {b) Compensation to 91ployees working O¥ertime wf11 be 1n the form of additional pay at the rate of one and one-half times the e11ployee 1 s basic hourly salary with the exception that an employee my request and, upon approval, be granted cmpensatory time off at the rate of one and one-half hours for each hour of overtf11e worked. In the event COlll)ensatory tf11e off is used as the inethod of CCM1pensat1ng for overti11e, the tfme off wf 11 be taken prior t.o the end of the quarter following the quarter in lllhich the overth1e has been worked. In the event the employee fs denied this provision, he/she w111 be ca111pensated 1n pa,y for such t1111e at the appropriate rate specified by these sections. or at the aployee' s option, the earned cQ111pensatory time will be added to the employees vacation balance. ( c) A 11 tfme for which pay 1 s received shal 1 count as hours actually worked for the cmputat1on of overtirue pay- ( d) When an awployee wries 14 hours or more 1n the 24-hour period fllftedfately previous to the eMPloyee• s shf ft starting ttme, the employee w111 be al lowed an MEMORANDUM OF AGREEMENT Page 15 eight-hour rest period before returning to work. Any portion of the rest period falling within the employee's work shift will be considered as hours worked and compensated at the straight time rate. This provision does not apply to conditions of bona fide emergency. Bona fide emerqency conditions are conditions involving real or potential loss of service or property or personal danger. Ce) If non-emergency overtime is cancelled without at least 40 hours notice, the City shall pay the affected employees two (2) hours pay at time and one-half. Section 3. Work Shifts. All employees shall be assigned to work shifts with scheduled starting arid quitting times. Should conditions necessitate a change in starting and quitting times, the Union will be notified ten (10) working days in advance and permitted to discuss such chan~es with the City. This, ~owever, shall not preclude the City's right to effect schedule changes dictated by operational necessity. This section does not apply to overtfine scheduling. Se4.:t1on 4. City Paid Emergency Meals. (a) For purposes of this section, emergency overtime 1s defined as overtim~ aris1ng out of situations involving reai or potential loss of service or property or personal danger. The Cfty will provide meals in the following emergency overtime situations: 1. When an employee f s called back and is on duty for a period of t~ree consecutive hours, and thereafter at intervals of five hours but not more than six hours until the continuous overtime assigrl"tent ends. 2. When an employee f; held over on duty so that his/her combined normal work shift and overtiMe assignment exceed six continuous hours from his/her last meal and one and one-half hours after shift end, and thereafter at intervals of five hours but not more than sfx hours until the continuous overtiPte assf gl'lll\ent ends. 3. When an employee fs called out two hours or more before a regularly scheduled day shift anti works the regularly scheduled shfft. he/she will be entftled to breakfast. 4. When customer convenience work or other e111ergency work precludes an employee fraa obtainf n9 a meal at the end of the shift. (b) The City will provide nteals for personnel assigned to non-emergency overtime work where the assignment extends more than one and one-half hours after the shift end and six continuous hours frDP.I the last meal unless at least eighteen hours' advance notf~e is provided. (c) All meals provided shall be cOCllJ)arable substitutes for the E!l"lployee's regular meals. Where possible the City will arranqe purchase orders at mutually agreeable restaurants. MEMORANDltt OF AGREEME~T Page 16 {d) In the event an employee is to be provided a meal or mea1s pursuant to this section and such ~eal(s) are not provided due to working conditions, the et1tployee shall have the option of receiving for each meal not providerl an additional one hour of overti~e compensation in lieu of such ~eal. section 5. Rest Periods. All employees shall be granted a rest period or coffee 5reak 11"fted to 15 mfnutes rlur1nq each four hours of won:. Depart:Plents ~ay ~ake reasonable rules concerning rest period scheduling. Rest periods not taken shall be waived. Section fi. Clean-Hp Time. All f!'ltployees whose llfOrk causes their person or clothing to 6ecor.te so11ed shall he provided with reasonable time before lunch and at shift end for wash-up purposes. Section 7. Standby Pay, Call-Out Pay (a) Standby C~ensa~ion Employees perfon?ting standby duty shall be compensate~ at the rates established below: Monday through Fri day 4:30 P.M. -8:00 A.M. Saturday. Sunday, Holidays (b) Minil'lllll Call-Out Pay Compensation $28 per day S40 per day Employees not otherwise excluded fr<:IR recefving overti111e pay who are called out to perf or111 wort sha 11 be compensated for at 1 east two hours' pay for each occurrence at the appropriate overtime rate. This provision does not apply to ~ployees called out to work while earninq pay for befr19 in a stan<l>y status. Section 8. Night Shift Premium. Ari additional 804 per hour nfght shf ft premium shall be paid to et1tployees for work perforfted between 6:00 P.M. and 8:00 A.M. A 111fnimum of two hours A1Ust be worked between 6:00 P.M .. and 8:00 A.M. to qua1 ffy for the premilJll. Er.aployees who regularly work night shifts shall receive appropriate night shift premiums, relating to night shift hours worked, 1n addition to hase pay for holidays, sick leave and vacation. ARTICLE IY -UNIFORMS ANO TOOL ALLOWANCES Section 1. Uniforms Ca) The City will provide unf fon1s 1 coveralls or shop coats on a weekly basis for the following jobs and/or classfffcations: MEMORANDUM OF AGREEMENT Page 17 Facilftfes Painter Facflftfes Electrician Facilities Carpenter Facilities Carpenter -Lead Facilities Mechanic Traffic Control Maintainer I Traffic Control Maintainer II Traffic Control Maintainer -Lead Bu11dfng Inspector Other Streets Of visf on employees when engaged in traffic painting operations Heavy Equf patent Operator (Refuse) Heavy Equipment Opertor -Lead (Refuse) Refuse Disposal Attendant Utility Serviceperson Utility Serviceperson • Lead Meter Reader Meter Reader -Lead Gas Systell Shop/Field Reoairer Chewtist, Water ~ualfty Control Laboratory Technfcfan. Water Quality Control Building Serviceperson Building Servfceperson -Lead Junior Museum/Zoo Attendant Auto Service Mechanic Motor Equipment Mechanic Motor Equipment Mechanic -Lead Mail Clerk Offset Duplicating Machine Operator Storekeeper Assistant Storekeeper CM ef Storekeeper Golf Course Mafntenanceperson Greenskeeper Golf Course Equipment Mechanic Utility Trainee (Water-Gas-Sewer) Utility Install/Repair Asst ~tflfty Install/Repair Utility Install/Repair -lead Heavy Equipment Operator (Water-Gas-Sewer) Mech~nical Unf t Repairer (Water-Gas-Sewer) Water Quality Control Plant Operator Senior Operator, Water Quality Control Senior Mechanic. Water Quality Control Maintenance Mechanic. Water Quality Control Utility Instrll\'lent Tech, Water Oualfty Control Wat~r Transmission Operator. Water Qua1ity Control Water Meter Exchangeperson Water Meter Repairer MEMORANDUM Of AGREEMENT Page 18 Tree Tri111ner-Line Clearer Tree Trfl!ll1er-Line Clearer -Lead Tree Maf ntenanceperson Tree Maintenance Assistant Equipment Operator (Tree Section) Tree Tri11111er-line Clearer Assistant Park Maintenance Person Park Maintenance Assistant Park Maintenance -Lead Parks Crew -Lead (b) All other employees who are required to wear specfffc clothing in the performance of their jobs shall reeeive two hundred dollars ($200} per year uniform allowance. except that Parking Monftors shall be issued city-owned uniforms for whfch cleaning wfll be provided. This section shall include, but not be lfmfted to. Animal Shelter and Foothills Park employees. If any other employee f s required to wear a uni fonn during the life of this Menlorand1JR of AgreeRent. the City will meet and confer with the Unio" concerning the establishment of an equitable uniform allowance. All uniform allowances shall be paid bi-~kly. (c) Coveralls will be 11ade available for occasional use as needed to orotect clothfng for the following c1assif1catfons: Sprf ntler Svstet1t Repairer Gang Mower Operator Ga~ Pbfer Mechanic Building Service Person -Lead Fac111tfes M!ch/Pafnter Utflfty Installer Repair Utflfty Installer/Repair -Lead Utility Installer Assistant Heavy Equf parent Operator Lfneperson/Ceble Splicer Electrician Electrical Assistant Cable Splicer Assistant Chief Electric Underground Insoector (d) Employees required to wear uniforms sha11 be provided suitable change roOf!ls and lockers where presently provided. (e) Employee clothing seriously dal!taged or destroyed 1n conjunctfon with an industrial injury will be reasonably replaced by the Cfty. Any other clai~s alleging City 1fab11fty may he filed with the City Attorn~y. Section 2. Tool Allowance (a) Mechanics fn Equip1ent Hafntenance shall be paid an annual tool allowance of $250 effe<;tive May 1. 1982, and S275 effective May 1, 1983. MEMORANDUM OF AGREEMENT Page 19 {b) All tooi allowances shall be paid bi-weekly. Section 3. Safety Shoe Allowance The City shall reimburse employees 75 percent of the cost of joh-related safety shoes upon verification of such purchas~ by the employee. ARTICLE X -HOLIDAYS Section 1. Fixed Holfda~s. Except as otherwise provided, employees within the representation unit sha1 have the following fixed holidays with pay: January 1 Third t1onday in February Last Monday in May July 4 First Monday in Septe111ber Septertber 9 Second Honday in October Veterans' Oay, November 11 Thanksq1vfng Day Oay after Thanksgiving Oay December 25 Either December 24 or Decel'lber 31 (see below) Employees shall be excused with pay for the full work shift on either n~cember 24 or December 31, provided however that City facilities remain open with reduced staffing levels, that Management retains the ri~ht to determine work schectules, and that neither day be considered a holiday for purposes of premium pay. If employees are not excused pursuant to this provision, one shift of vacation credit will be added to their vacation accrual. In the event that any of the aforertentioned days, except for necernher 24 or necember 31, falls on a Sunday, the fellowing Monday shall be considered a holiday. In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday. If December 24 and 31 fall on Sunday, then the preceding Friday will be designated for purposes of the holiday. Exceotions to this provision are 11sted fn Appendix E. Section 2. Pay for ~fxed Holf~ays (a) All employees shall be paid a full day's pay at their reqular straight time base hourly rate for all fixed holidays as ~effned herein. {b} An et!tployee must be fn a pay status on the work day preceding the holiday to be eligible to be COlftpensate<t for a holiday. This subsection rloes not apply to an e11ployee who is on an unpaid 11edica1 leave of absence of less than five fS) days. MEMORANOUM Cf' AGREEMENT Page 20 Section 3. Wortc on Fixed Holidafs. Any etnployee required to work on a fixed holiday shl.il be pafd time anrl one-halfor such work in addition to hfs or her holiday pay. Work on a fixed holiday beyQnd the nwnber of hours fn a regular shift shall be compensated at double time and one-half. Section 4. Variations in Work Meek (a) An employee whose wc;rtc schedule requires that his or her regular days off be other than Saturday and/or Sunday shall have an additional day off scheduled by the department in the event a fixed holiday falls during his or tier regularly scheduled day off. Every attempt will be made to schedule the day on a ~utually agreeable basis. If the day cannot be so scheduled. the eritployee shall be paid for the day at the straiqht time base rate. Cb) Fixed holidays which fall during a vacation period or \ltlen any employee is absent because of illness sha11 not be charged aqafnst the employee 1 s vacation or sick leave balance. Section 5. Floating nays Off. Floating days off with pay iri11 be schedule~ by Management as follows so as to p.-oduce three-day weekends: June 1985 August 1985 Jltarch 1986 April 1986 June 1986 August 1986 Harch 1987 April 1987 The following conditions will hold: -One floating day off -One floating day off -One floating day off -One floating day off -One floating day off -One floating day off -One floatf ng day off -One floating day off 1. Managment will designate the scheduling of the paid day off under this section at least thirty days in advance. 2. If fn conformance with this section Management fs unable to schedule a day off 1n the 1110nth 1 ndfcated. for reasons of shift operations. wort scheduling or any other reason, tile day w111 be added to the employee's vacation accrual. 3. If an e111Ployee fafl s to take a day off as scheduled by Mangeqent t.mder this section. the day off so scheduled will be forfeited. ARTICLE XI -VACATIONS Section 1. Each employee sha11 be entitled to an annual paid vacatfan. accrued as fol lows": (a) Less than four (4) years' continuous service--ten (10) workfn~ days per year. MEMORANDUM OF AGREEMENT Page 21 (b) Four (4) years' continuous service through eight (8) year-s' contfnuous service--fifteen (15) working days per year. (c) Nine (9) or more years' continuous service--twenty (20) working days per year. Employees r.ay accrue up to three times their annual vacation leave without loss of vacatfon days. In the event the City is unable to schedule vacation and, as a result thereof, the employee is subject to loss of accrued vacation the CilY shall extend the vacation accrual limit up to one year in which time the excess vacation must be scheduled and taken. As long as there is no interference with departmental operatf ons, there shall be no unr~asonable restriction of increments of use. EmployeP.s shall complete six (6) months' continuous service hefore using accrued vacation leave. Section 2. Holiday Falling During Vacation. In the eve"t a fixed holiday as defined fn Artfcle X falls within an employee's vacation period, which would have excused the employee from wortc (and for which no other compe"satfon is made), an adniti)nal work day for such holiday shall be added to the vacation leave. Section 3. Illness During Vacation. When an emoloyee becomes ill while on vacation arid such illness can be supported oy a statement· from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. Section 4. Accrued Vacation Pay for Oeceased Enrloyees. An enployee ~o ;s eligible for vacation leave arid Who dies White in !he mun cfpal service shall have the a1T10unt of any accrued vacation paid to his/her estate within thirty days. This proration will be computed at his/her last basic rate of pay. Section 5. Effect of Extended Militar\ Leave. An employee ~o interrupts service because of extended military leave sha 1 he compensated for accrued vacation at the time the leave becomes effectfve. Section 6. Vacation at Termination. Employees leaving the lfltlnicipal service wit~ accrued vacation leave shall be pafd the amounts of accruerl vacation to the date of temf nation. ARTICLE XII -LEAVE PROVISIONS Section 1. Sick Leave (a) The City shall provide each employee wfth paid sick leave, earnerl on a dafly basis and COll'lputetf at t~e rate of Q6 hours per year. witti no limits on amounts that may be acctll'lulated, except that for employees hired after July 1, 1qe3, sick leave accrual accumulation shall be limitetf to 1~000 hours and subsections (a) 1, (a) 2 and (a) 3 shall not apply. Payment for accumulated sick l~av~ at termination shall be made only in the fo11owi~ cf rcl!Tlstances: MEMORAMOUM eJ:" AGREEMENT Page 22 1. Eligible employees who leave the municipal service or who die lililile e111ployed and who have fifteen or more years of continuous service shall receive compensation for unused sick leave hours i~ a sum equal to two and one-half percent of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at temination. 2. Full sick 1eave accrual wi)l be paid in the event of tem1nat1or1 rlue to di sab il ity. 3. Employees who retire from municipal servir.e who havP. fifteen (15) or ll!Ore years of continuous service may at their option convert all or a oortion of their unused sick leave hours to pai<i City Employees' Medical Plan premiums for the et11ployee only at the rate of one rnonth for every f!iqht hours of sick leave accrued. This option is open only to employees who retire durin~ the 1 i fe of this Agreement and who are cover~ by the City Emplo.vees' Medical Plan or exercise their option to convert to the City E~ployees 1 Medical Plan upon retirement. {b) Use of Sick Leave. Sick leave shall be allowed and use~ in cases of actual personal s;ckness or dfsabflfty. medical or dental treatment, or as authorized for personal business. t•p to five days sick leave per year may be used for illness in the i111nedfate family. A new employee may, 1f necessary, use up to forty-eight {48} hours of sick leave at any time during the first six months of emplo~nt. Any negative ba1ances generated by such utilization will be charged against future accrual ~~ deducted from final paycheck in the event of termination. {c} An employee who has been disabled for 60 consecutive days and \lltto is otherwise elftible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long-term disability benefits or to utilize thf! remainder of his/her accrued sick leave prior to applyin9 for long-term rlisahflfty benefits. (d) Sick leave wf11 not be granted for illness occurring d~rfng any leave of ahsence unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. Section 2. Bereavement Leave. Leave of absence with pay of three days may be granted an employee 6y the head of his or her department in the event of death in the employee's immediate fa~ily, which is definerl for the purposes of this section as wife, husband, son, ~on-in-law, ~aughter, daughter-in-law, mother, ~other-in-law, father, father-in-law, brother, brother-in-law, or a close relative resfdin9 in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Request for leave with pay in excess of three {3) days shall be subject to the written approval of the City Manager. Approval of addit;onal leave will be based on the circ1.111stances of each request with consideratfon given to the employee's need for additional time. MEMORANDUM <F AGREEMENT Page Z3 Section 3. Military Leave. The provisions of the Military lnd Veterans' Code of the state of ~a11forn1a sna11 govern the g~antinq of military le~ves of absence an~ the rf ghts of employees returning from such leaves. Section 4. leave Without Pay (a) Disability. Leaves of absence without pay may be ~ranterl in cases of dfsabflity not covered by sick leave. Pregnancy will be consirlP.red as any other disability. Leaves of absence for disability are subject to physicians' verification including diagnosis and medical work restriction. (b) Other Leaves. Leaves of absence without pay may be qranted in car.es of personal e11ergency or when such absences would not be contrary to the hest interest of the City. Hon-disability prenatal and/or postpartUM leave is available un~er this provision. but such leave shall not begin ~ore than six nonths prenata1 nor extend more than six months postpartum. During ~npaid leaves of absence for disability or other reasons, the employee ~ay elect to use accrued vacation credits. Requests for lPaves wit~out pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be fn writing to be effective. Section 5. Jury Duty and Subpoenas. Employees required to report for jury duty or to answer sUbpoenas as a witness fn hehalf of the State of California or any of fts agencies shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received from such duties other than mileage or subsistence allowances within thirty (30) days from the termination of jury service. When an employee returns to complete a regular shift following tirwe served on jury duty or as a witness, such tfme falling wfthfn the work shfft shall be considered as time worked for purposes of shift COl!tpletion and overtime computa·...fon. In determining whether or not an employee shall return to his or her rP.qul ar shift following performance of the duties. reasonable consideration shall be given to such factors as travel time and a period of rest. When a combination of City work time and Jury duty equals 14 or more hours fn the 24-hour period i111nediately prior to the employee's shift startffl!l time, t~ employee will be allowed a rest perfcd of eight hours. Any portion of the ~st period falling wfthfn the employee's work shift will be considered as hours worked and compensated at the straight time rate. This provision does not apply to conditions of bona fide emergency. Bona fide emergency conditions are conrlf tfons involving real or potential loss of service or property or personal danger. Section 6. Tiriie Off to Vote. Tfnte off wfth pay to vote fn any general or direct primary election shall be granted as provided fn the State of California Elections Code, and notice that an employee drsires such time off shall be ~fven fn accordance with the provisions of said Code. MEMORANDUM OF AGREEMENT Page 24 Section 7. Educational Leave and Tuition Reimbursement (a} City wi11 reimbur~e P.xpenses for tuition. books anrl currfcul1JJ1 fees 1 nc1Jrred by non-probationary employees w1 th'f n the representation unf t, to a maxf~l.111 of $450 per fiscal year, for classes ~fven by accrP.dfted institutions of learning or approved specialized training groups. The non-orobationary requirement will be waived for probationary empfoyees when suhritittinq reimbursement for job-required certifications. Ttie City will also reimburse professional asso~iation mePtberships and conference registration fees, professfonal books and periodicals. All programs eliqible under this section must either contribute to the employee's job perfonnance or prepare the employee for other City positions, and must be approved tn advance. Tuition and registration fees may be paid directly to organizations upon advance approval of program. City employees wishing to Mgaqe in educational programs involving working time may be granted rescheduled time if departmental operations pennit. (b) Professional and technical employees assigned by the City to attend meetings, workshops, or conventions of their professional or technical associations shall have their dues and reaso~able e~penses pafd by departfltental funds and shall be allowed to attend such workshops, meetin!Js, and conventions on paid City til!te. Section 8. In case of dhapproval of extension, revocatf on or cancel 1 a ti on of an ex fsti ng 1 eave of absence, notice sha 11 be se.1t hy cert f fi ed ma fl , return receipt requested, to the employee stating the date of such action, the reason and a spec1fic date to return to work, which is not less than five working days from dat.e fnt11cated on return receipt. Section 9. Personal Business Leave Char~eable to Sick Leave. All employees shall be granted up to twenty (20) hOurs personal husfness leave pei'"calendar year char"9eable to sick leave. The employee need not disclose the reason ~or the personal business. The schedul':ng of such leave is subject to the approval of the appropriate level of Management, and such approval shall not unreasonably be ~nied. Section 10. The department shall make every effort to ensure that employees res1m1ing work foll Owing a leave pursuant to Sectfons -1-10 shall be returned t.o the assf 9nment, shift, and/or work location held f1'1!'1ediately nrf or to the leave. If the employee cannot be so assigned. he or she shall, upon reauest, be granted a meeting with department management to discuss the reasons for the change. IJpon request, the employee shall be afforded Union representation at such a meeting. ARTICLE XII! -WORKERS 1 COMPENSATION INSURANCE Section 1. Industrial Temporary Ofsabflity. (a) While tempo~arfly disabled. employees shall be entitled to use accrued sick leave fo~ the first three {3) days following the date of injury and thereafter shall be paid full base salary for a period not to exceed fffty-seven (57) calendar days~ unless hospitalized, fn which case employees shall be paid full base salary for a period not to exceed sixty (60) days frm date of fn.1ury. MEMORANDUH OF AGREEMENT P~ge 25 (b) For any temporary disability continuing beyond the time limfts set forth fn {al above, employees shall be paid t~o-thirds (66 2/33) of their full base saiary at the time of injury fot the duration of such temporary disabflfty fn conformance wf th the State 1 aw. (c) During the period of temporary disability, an ~ployee's el1g1bflfty for health, dental, life, LTD, or other insured program will continue. Deductions for these programs must be authorized by the employee. City contrfbutfo~s will continue. In case of Subsection (a) above, the employee will continue to accrue vacation and sick 1eave benefits. In the case of Subsection (b). sfck leave a.id vacation benefits shall not be accrued. Section 2. Training for Pennanently Disabled Employees. In the case of permanent dhabfl ity due tO an injury occurring on-the-]06 on or after January 1, 1975, the City agrees to abide by Title 8, Chapter 4.5. Subchapter 1. Article 12, •Rehabflftation•, Sections 1001 through 10010, of the Calffornfa Adninistrative Cc~, whfch provides that a public agency will make available to qualified injury workers such a rehabilitation program. Such rehabilitation benefits are additional benefits and shall not be converted to or replace any Workers' Compensation benefits. The City agrees that when.any pennane~+1y disabled employee requests such rehabilitative benefits, the City will Pteet with the employee and Union representative or legal counsel ff desired to co~sfder formulation of an appropriate and reasonable prograt'lt. ARTICLE XIV -BENEFIT PROGRAMS Section 1. Health Plan. The City shall pay all premium payments on behalf of e.ployees "10 are eligible for coverage under the health plans as described in Subsection (a) and (b). Any prentfllft rate increases during the life of this Memorandum of Agreetnent shall be paid by the City. The following options wfll exist: (a) Employee and dependent coverage under the existing Kaiser ~ealth Plan S Contract, including the Drug Plan III option. (b) Employee and dependent coverage under the existing City of Palo Alto Employees• Health Plan with major Medical naxflllllft of $250,000. (c) The City shall. upon submittal of evidence of payment. reill'lburse up to $183 per quarter of medical plan pretnfums on behalf of representation unit employees who retire from the City under service or disability retirements after April 1, 1978. The retiree may select any medical plan. The plan r.tay cover eligible depend~nts as defined under the Cfty Employees' Health Plan. No refinbursements will be made for plans providinq be~ffts other than medical and health benefits. Section 2. Health Plan Cost Contaf1111ent. The City of Palo Alto Employees' Health Plan shall bi iliOdfffed to fnc1udi the following cost containl!tent provfsions: (a) Second surgfcal opinion to be required for all non-emergency elective surgery. MEMORANDIJ1 Of AGREEMENT Page 26 (b} Pre-admission certification and continued hospital stay review for all non-emergency in-patient adllissfon to an actue care hospital. Specific provisions to be worked out on a mutually ag~eeable basis. (c) Hospital bill audit for all bills in excess of SlS,000. (d) Psychiatric coverage maximum of $50,0CO on in-patient vf sf ts wit~ annual reinstatement of maximll!I up to $2,500. With regard to (a) through {c) above, Management will prepare docll!lents necessary for implementation whfch will be reviewed with the Union before becanfng effectfve. Union representative(s) shall have the option to participate with Management in selecting the organization which wf 11 provide services. Cost saving measures to be 1nvestigated by the r~fttee shall include, but· not be lfnfted to, altering utilization patterns to encouraqe cost effective services and to avo1d unnecessary use of expensive in-patient care: (a) Home car-e. out-patient care and out-patient surqery as alternatives to lenqthy hospital izatfon; (b) Prevent1~c care programs, ;ncluding hypertension ~aintenance programs; (c) Education of members to value of alternative care optfoni increased health awareness program. (d) Develop alternative to medfcal, drug and alcohol rehab programs for use in special cases; improve out-patient coverage as alternative to in-patient care. The C011111ittee shall meet regularly and make recommendations to implement cost saving procedures, consistent wf th the goals set forth above. Such recorrmendat1ons shall be implemented when 111Utually agreed to by the parties and may recomnend additional measures, consistent wfth he goals set forth above. Section 4. Dental Plan. The Cfty shall pay all premium payments on behalf of employees, arid all dependents of employees who are eligible fer coverage under the Cfty•s self-funded dental prograr.1. Effective July 1, 1985. the City will provide a sc.i of reasonable charges, $1,500 1 ffetinte maxim1.111 orthodonic benefit for representation unit employees and their dependents. Section 5. Rasic Life lnsurance. The Cfty agrees to continue the basfc life insurance plan as currently in effect for the t.enu nf this MemorandUIR of Agreement. Sectfon 6. Deferred Com~nsatfon. The Cfty shall mate available the necessary payroll deduction and ot~r procedures to provide a deferred c011pensatfon plan. MEMORANDl.Jt OF AGREEMENT Page 27 Section 7. Long Term Ofsabilfty Insurance. The City shall continue tne long term Oisa611ity insurance plan currently in effect for the tel"T.1 of this HemorandUP'I of Agreement. Employee coverage is subject to a voluntary payroll de~uctfon of the insurance premii.rn applicable to the first $2000 of monthly salary for Plan B or the first $1800 of monthly salary for Plan A; the City will pay oremiums in excess thereof. The City will pay up to $17.50 per month toward long tenn disability insurance premi1111s for those el'lployees without eligible nependents covered under the health insurance provf~ions. Section 8. Utility Discount. Elfgihility for utility discount for employees with employment dates beginning after Ar>ril 1, 1977, will be discontfnuP.d. Section 9. State Disabilitl Insurance Stu~. Parties agree ~uring the ~rm of the Meiriorand1111 of Agreement to o1nt1y study t possibility of offering ~tate Disability Insurance to representation unit members. ARTICLE XV -RETIREMENT Section 1. The City wfll continue the present benefits under the Public E~oloyees' ~etirement System 1/50th at age 60 formula act. Employees who retire an~ were employed by the Cfty on or before April 1, 1977, and spouses of deceased employees who were employed by the City on or before April 1, 1977, shall continue reductfons fn utility rates. All retired employees and s!'.X)uses of deceased etitployees shall also have residential privileges at City libraries, refuse disposal area, golf course and swinning pools. Section 2. The City will, as soon as possible, a11tend its contract with the Public !mployees' Retiranent Systetn to provide Section 20024.2 (one-year final compensation). Section 3. Effective with the pay perf~d including May 1, 1984, the Cfty will pay tlie ?t et11ployee's retirement contrfbutfon to the Public Employees' Retirement System (PERS) except that, subject to the limitation of applicable law anrl/or income tax regulations. elllJ;loyees who file signed Personnel Action Fo""s with the City Pers~nnel Departltent prior to April 1, t984, indicating retirement dates from May 1, 19R4 through April 30, 1985, shall not receive this provision but shall instead receive a 5.6S pay increase effective with the pay period fncludfnq May 1, 1984. The City Attorney shall IWike all legal determinations retatf"9 to this exception. For purposes of negotiation hereafter, the payment by the City of the employee's contribution shall be. deemed a 1i attjust.Ptent in salary for the year Hay 1, 19A4 through April 30, 1985. ARTICLE XVI -PARkl~G Sectfon 1. Provision of Parking. The City shall provif'fe all employees withfn the representatfon unft parking privileges fn the Civic Center garage at no cost to such MEMORANDl.J1 OF AGREEMENT Page 28 employees. The City will provide bfcycl~ lockers and motorcycle parking areas for Cf ty employees at mutually agreeable work locatfons. Section 2. Parking Lot Security -Municipal Service Center. The City will provide fenced and locked parking fac111t1es for Municipal Service Center employees~ Procedures will be established for entering and leaving the parking facilities. ARTICLE XVII -PHYSICAL EXAMINATIONS If any non-probationary eniployee who 1s required to have a City-provided physical examination not related to workers' compensation programs disagre!s with the fin~ings of the City-sponsored physician. he/she may consult with hf s/her nwn physician and, if his/her priv~te physician's report conflicts with that of the City physician in terms of ability to l«>rk at his/her regular job, then he/she l'\a.Y request an evaluation of his/her problem through a third physician mutually agreed upon by the employee and the City. Cost for such examination will be equally shared and the decision of this physician concernif19 the continuing ability of the el'tplo.vee to perform his/her work in his/her regular job within ~xposing himself/herself to further injury as a result of his/her condition shall be the basis for returning the employee to his/her regular work. ARTICLE XVIII -SAFETY Provisions. The City shall furnish and use safety -.--.-~~~--,--~-.-~-...-+--------~ ev ces an sa eguar s an s a a op and use practices, Means, methods, operations and processes which are reasonably adequate to render such emp1oyt'1ent and place of employment safe, in conformance with applicable safety regulations U11der the State Labor and Administrative Code sections. The City shall not require nr permit any enp1oyee to go into or be fn any employment or place of employment which 1s not safe. Section 2. Union will cooperate with the City by encouraging all e111Ployees to perform their work in a safe manner. Section 3. Saf.ety Connittees and Disputes. Safety c0111Rf ttees composed of management and Onion steWardS fn the below 11stea organizations will meet no less than ten times annually to discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall in no way remove the basic responsibility of safety fran Manage11ent nor shal 1 ft in any way alter the responsibility of the e11tpl oyee to report unsafe conditions directly and 11111tediately to his or her supervisor. Social and Community Services Public Works Streets Public worts Parks Water-Gas-Sewer Field Operations light and ~ower Field Operations Water Ouality Control MEMORANDUM OF AGREEMENT Page 29 .... Building Maintenance Equipment Maintenance Building Servfces {a) A cDMn1ttee composed of one Fire Department representative, one Police Department representative, two Union representat1ves 9 and the City Safet.v Officer will meet at least quarterly concerni119 safety ~atters of the Civic Center. (b) A ten-member Citywide Union/Management safety cOP111ittee with equal Union and Management mewnbersh1n will meet upon call to establish and review safety ant.I occupational health standards and practices, discuss overall City safety and Health problems, and to act as an advisory group to the departmental safety cOIFlllittees. The conrnittee shall review al1 departmental safety proqrams and recOfllllend change where necessary. {c) In cases of dispute over safe working conditions the employee will first report such unsafe conditions to his or her supervisor and every attempt will he made to rectify the problem at this level. The employee may contact his or her steward to assist in the resolution of the dfspute~ If tlie problel'I cannot be resolved the Administrator of Safety will be contacted and t~e problem will be addressed through the interpretation of the basic safety rules and regulations. Should the problem not be resolved at this step. the grievance procedure will be utilized. safety grievances shall be submitted at Step III. ARTICLE XIX -GRIEVANCE PROCEOUR£ Sectf on 1. The City and the Union recognize thitt early settletaent of grfevances fs essential to sound employee-el'ltployer relations. The parties seek to establfsh a mutually satisfactory method for the settlement of e111p1oyee grievances, or Union grievances as provided for below. In presenting a grievance. the aggrieved and/or his or her representative is assured freedc:n from restraint, interference, coercion, dfscrfm1nat1on or reprisal. Release time for fnvestfgat1on and processinq a grievance is designated in Article IV of this Metitorandl.l!I of Agreement. Section 2. Definition. A gri~vance is: (a) An unresolved C011pla1nt or dispute regarding the application of interpretation of rules, regulations, policies. procedures, t1emoranda of Agreertent or City ordinances of resolution, r'lating to terms or conditions of empl~yr.tent, wages or fringe benefits. (b) An appeal from a disciplinary action of any kind against an e111ployee covered by this Memorand!.11 of Agreement. MEMORANDUM Cf' AGREEMENT Page 30 Section 3. Conduct of Grievance Procedure. (a) An aggrfeved et'ltPloyee may ':>e represented by the Union or r1ay represent hi~self/herself in preparing and presenting a ~rievance at any level of review. Grievances may also be presented by a group of employees. No grievance settl~nt may be ~ade in violation of an exf stfng merit rule or memorand1111 of agreement. The Union will be notified prior to the implementation of any settlement made which affects the rfghts or conditions of other aaployees represented by the Union. The Union will be copied on all written representation unit grievance decisions. (b) An employee and the representative steward, if any, may use a reasonable aPtOunt of work time so long as there is no disruption of work, in conferring about and presenting a grievance. Seginnfnq with the third step of the grievance procedure, the Chief Steward or Alternate Chief Steward may assist in presenting a grievance and may be present at all Step III, IV, and V grievance hearfnqs. (c) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Union and the reviewer concerned~ {d) Should a decision not be rendered tf'fthin a stipulated ti11e limit, the agqrieved employee may fnaedfately appeal to the next step. (e) The grievance may be considered settled ff the decision of any step is not appea 1 ed w1 th1 n the spec ff i ed time lf mi t. ( f) If appropriate, the aggrieved employee( s) or the lln1on and the depat"taent head may mutually agree to waive Step I and/or Step II of the grievance procedure. (g) Written grievances shall be submitted on fon1s provided by tha Cfty or on fonas which are mutually agreeable to the City and the Union. (h) Any retroactfvity on monetary grievances shall be lf~ited to the date of occurrence, except in no case will retroaetivfty be grantetl prior to three MOnths before the grievance was filed in writing. (i) If the grievance fs filed by 11are than one employee 1n the bargafning unft. the Union may~ at its option, convert it to a Union grievance after Step It of the grfevance procedure. The Union may also file a grievance fn those instances when, under this Metlorandm of Agreement. a Union r1ght not directly related to an individual et11ployee b~mes the subject of dispute. Union grievances shall ccnply with all of the foregc,fng provisions and procedures. Section 4. Grievance Procedure Step I. The aggrf eved mpl oyee will first atteatpt to resolve the grf e'!ance through 1nfomal discussions with his or her il!Rediate supervisor by the end of the tenth working day following the discovery cf or the incident upon \llhfch the grievance fs based. Every att.E!Mpt will be ~ade to settle the f$sue at thfs level. (Note: For purposes of time 1imfts1 the working days are considered to be titonday through Friday, exclusive of City holidays.) MEMORANDUM <If AGREEMENT Page 31 Ste¥ II. If the grievance 1s not resolved through the informal discussion. the emp oyee will reduce the grievance to writing and subnlft copies to the division head or equivalent level Managenient employee as designated by Manaqement as appropriate wf thfn ten working days of the discussion with the innedf ate supervisor. The division head or equivalent level Management employee shall have ten working days frOll the receipt of a written grievance to review the matter and prepare a written statellent. Step III. If the grievance fs not resolved at Step 11 1 the aggrieved employee may appeal £0 his or her department head in writing within ten workinq days of the receipt of the division head's response. The department head sha11 have ten workfn9 days frtlm the receipt of a written grievance to review the matter and convey his or her decision by written statement. Step IV. tf the grievance is not resolved at Step Ill, the aggrieved enaployee may appeal to an Adjustment Board. Appeals to the Adjustment Boartt shall be made in writing and directed to the Personnel Director within ten working rlays of reeeipt of the department head's response. The Personnel Director shall convene an Adjustment Board within ten wcrkfr'9 days of r@CCfpt of the appeal. The Adjustnient Aoard shall con;f st of two persons appofoted by the Union and two persons appof nted by tha City Manager. The Adjustment Board fs el!IJ)ONered to call City employees as witnesses. Wfthfn the context of Step IV 1 the Adjusblent Board will have the Sallie powers and lfmftatfons to settle grievances as an arbitrator. A !Ujority decision of the Adjustment Boeird shall be ff nal and bindfnq. The Adjustment Board shall render its findings and decisions {if any) ta the parties within ten working days of its Meeting. S~ V. If the grievance fs not resolved at Step IV, the aggrf eved employee may c se between final and bfndi.-g resol utfon of the grievance through appeal to the City Manager or through appeal to final a"d binding grievance arbitration. For the tenn of this Metworand• of Agretnen-t, appeals to final and b-fndf ng grievance arbitration may be processed only with Union approv~l. All Step Y appeals l'!Wst be filed in writing at the Personnel Department Office within ten workfng days of recefpt of the Adjustment Board•s disposition under Step IV. If the aggrieved employee elects final and binding resolution by the Ci~v Manager. the City Manager w111 choose the metttods he or she considers appropriate to review and settle the grievance. The City Manager shall render a written decision to all parties directly involved within ten working days after receiving the employee 1s appeal. If the aggrieved ~loy~ elects ffn1l and bfndfng arbitration in accordance with this prov1sfon, the parties sh~ll Mutually select an arbitrator. In the event the parties cannot agree on an arbitrator. they shall mutually request 1 pane1 of five MEMORANDl.M OF AGREEMENT Page 32 arbitrators fr~n the California State Conciliation Service or fron the ffnerican Arbitration Association ff either party objects to the State Conc111atfon Service, and select an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and authority only to interpret, apply. or detennfne cOPlpliance with the provisions of this MeMorandtlll of Agreement and such Merit System Rules, regulations, policies, procedures, Cfty ordinances, resolutfons relating to tenns or conditions of employment, wages or fringe benefits, as may hereafter be fn effect in the City insofar as rtay be necessary to the detenflfnatinon of grievances appea1ed to the arbitrator. The arbitrator shall be without power to make any decision: 1. Regarding ~atters of interest. 2. Contrary to, or inconsf stent with or modifying in any way, the terMs of this MemorandtJn of Agreement. 3. Granting any wage increases or decreases. The arbitrator shall be wi~hout authority to require the City to delegate or relinquis~ any powers whfch by State law or City Charter the City cannot delegate or relinquish. Where either party seeks arbitration and the other narty clafMS the matter is not subject to the arbitration provisions of this \lfemorand1.111 of A~reement. the issue of arbftrability shall first be decided by the arbitrator using the standards and criteria set forth in Article XX and without regard to the l'terits of the grievance. If the issue is held to be arbitrabie, the arbitration proceedfnqs will be recessed for up to five working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and t\eJr and resolve the issue on the merits. Copfes of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All ~irect costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieverl et1tployee or the Union. ARTICLE XX • UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION Tr.e City has the ri9ht to discipline. demote, or discharge employees for unsatisfactory work or conduct. Non-probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline. demotioo, or discharge wfll be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards ~ay result 1n disc1pline, demotfon, or discharge. MEMORANOl.14 OF AGR£EMENT Page 33 Notice of disciplinary act;on must be in writing anrl served on the employee in person or by registered mail prior to the dfsc1p1fnary action becoming effective. However, fn extreme situations where there fs reasonable caJse, the employee may be removed frCllt pay status inned1ate1y pending such disciplinary action. The notice must be filed on a timely basis with the Personnel Department ~nd included in the employee's personnel file. The notice of disciplinary actfon shall include: (a) Statement of the nature of the disciplinary action; (b) Effective date of the action; (c) Statement of the cause thereof; (d) Statement in ordinary and concise lanauage of the act or the a111fssions upon which the causes are based; {e} Copies of any docuntents or other items of evidence upon ""fch the dfsciplfnary action was fully or in part based. (f) Statenlent advfsfng the employee of hfs/her rfg~t to appeal from such act.ion. a"d the right to Unfon repres~ntatfon. If the disc1p1fnary action consists of suspension, any suspensfon tiMe previously given shall be credited to the ffnal disciplinary actfon. ARTICLE XXI -NO ABROGATION OF RIGHTS The partfes acknowledge that Manageme!lt rights as indicated in Section 12070 of the Merit SysteM Rules and Regulations and all applicable State laws are neither abrogated nor ~ade subject to negotiation by adoption of thf s i'1emorandum of Agreement. ARTICLE XXII -OUTSIDE EMPlOYfll'.NT - ThP provisions of Article 4.7 of the Covennent Code of the Stat.e of Calffornfa vfli govern the dete""inatfon of fncOll'lpatible outside entployment. ARTICLE XXIII -WORK STOPPAGE ANO LOCKOUTS The Cf ty agrees that ft w111 not lock out efltJ>l oyees. and the Union agrees that ft wfll not eng19! in any concert~ work stoppage or slowdown durf ng the tet1t1 of this MellorandUPI of AgreeMnt. An Mployee shali not ~ave the rf~ht to recognize the picket lfne of a labo.-orqanizatfOf'I when perfonnfng dutfes of an etftergency naturoe. MEMORANDUM CF AGREEMENT Page 34 ARTICLE XXIV -PROVISIONS OF THE LAW Section 1. This MemorandtJ'I of Agreement is subject tc all current and future applicable Federal and State laws and Federal and State regulations and the Charter of the City of Palo Alto and the Consitution of the State of California. Should any of the provisions herein contained he rendered or declarerl invalid by reason of any existing State or Federal legislation, such invalidation of such ~~rt or portion of this MemorandtJTI of Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. insofar as such remaining portions are severable. Section 2. Ouring the term of this agreement eit~er party may reopen negotiations on those specific sections of Articles VIII and XXII of the Memorand1.1n of Aqreet'lent which are affected by implementation of the Fair Labor Standards Act for the sole purpose of arriving at mutually satisfactory modifications to such sections, 1ncluding where City costs are increased or employee rights are affected as a result of Fair Labor Stanrlards Act provisions. Section 3. Ouring the tenn of this MeltlorandtJTI of Agreement, Management intends to propose certain changes in the City Herit System Rules anrl Requlations and the nepotism policy. With r-egard to such changes ""ich pertain to the SEIU representation unit, the parties agree to review, and upon request, meet and confer regarding the changes. Section 4. This Memorandum of agreement shall become a part of the City of Palo Alto Merit Rules and Regulations applying to employees assigned to classifications in the SEIU unit. As applied tD employees assigned to the SEIU unit, this Memorandtn of Agreement sh~11 prevail over any conflicting Merit Rules and Regulations. Section 5. The City and the Uni~n agree by signing this Memorandll'I of Agreement that the wages, hours, rights and working conditions contained herein shall be continued in full force during the ter111 of this Memorandl.111 of Agr-eement except as otherwfse provided for fn the Hemoranrillft of Agreement and shall be binding on both the City and the Union upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership. ARTICLF.: XXV -COST RS::DllCTION PROGRAMS During the tenn of this agreement, the Union will aggressively assist Management fn developing cost reduction progra~s. Such programs may include voluntary reduce~ hours/pay after this concept is studied by Mana~ement, anti with such application as may be approved by Hana~ement. MEMORANDll4 Of AGREEMENT Page JS ARTICLE XXVI -TERM The tenn of this Metaorandll'I of Agreentent shall coMnence on May 1, 1985, anti shafl expire on April 30, 1987. Either party may serve written notice upon the other oarty during the period between ninety and sixty days prior to April 30, 19R7, of its desire to amend this MemorandUM of Agreenent. If, at the time this 'temorandurn of Agreement would otherw1 se temfnate~ the parties are negotiatiM a new Mentorantlurn - of Agreenti?nt, upon mutual agreement the tems and conditions of this MemrantflB!I of Agreement shall continue 1n effect. £XECUTED: May 7, 1985 FOR LOCAL 71SA, SEIU, AFL-CIO, CLC s/Bob Britton srterrx Cavanagh s/Michael Baratz s/Mary Lee s/James Mcclurg s/Judith Glaes s/Richard James s/John Wofford s/Paul Gomez s/fernando Enciso s/Karen S.i th s/Patr1ck Mateo FOR CITY OF PALO ALTO s/Jay_ Rounds s/St~ve HaY,!Shi s/George Bagdon s/M1chael Miller s/Charles Adams s/Amt Mosgraves s/Susan R,P-rson s/Hal Anio APPENDIX A Approx. Monthly Salary Class at E Step llllber Class Title Effective 4/27/85 Effective 4/26/86 .. ~If T1~C::£ M~l~T PC: RS O!\ c: .. C~b 2.i.37 lt3C TRC:~ T !\I f,/LI NE CL£AR 2 .. l.i], 2 .. ~37 'i3l. TRt:t: TRlM/Ll\£ CL~-L 2 .. c?b! 2, 3=;3 .. 32 T~£tT~M/LN CLR AS.ST J. .. ,, 13 a .. J.37 lfCCi T~UCK J>f\ I \IER l. 11 CJ14! 2 .. ass 21'9 uTIL ~us (/ffICE Ri:P 2 .. s1u c> .. !31f 3],C: UT!L fNGI'<' ESTIMATOR j.,2t.5 3 ...... 5 30! UTIL If'f:ST<l TECH 2 .. 1,0 2 .. 9414 't87 UTIL S£f\VICEPtR LEAD 1:h7it7 211ect't 223 urr~ITIE.S loCCTG Ttc ... 211l'4C ~11301. cub UTJ. .. ITY SERVJC£PERS 2 .. s10 21171,2 116]. UTL I~STALL REP AiST c,.O't!a 21115! &f![J UTL INST All•~EPAF< 2 11 If &.5 2~bc2 't7, 1JTL INSTALl+~~PAl~-L i:!11b7l =.,,!),! 27't Y~LJ~TEEff (OORJ) 2 .. 211 211 'tu2 'tac i114TER r.£ T( Ii f\t: p ASST c11G.._5 2., Ju:! &f6 '4 ~AT£R METE~ REPAIR ~.232 2113ss .. , .. lllQC ~PE.CI•LIST a .. aitt 3,~ss SC, WT~ QUAL CTL tll II C! .... , .. 2,e,3], s.u:. i&. T~ QI.JAL. CTL PL. T°'N A. .. 163 111662 soc WTR QUAL Cll PL T ~p ~-. l.Cb ~ .. 223 S07 ~T~ Tkt.ti.S,, OPt:" 2.1s1 C!. :-: a 1 Class llwlber Class lttle 35b tili:AL t.STAT£ A,r4AL Y ST .. ), '4 ~[fi.JSL ~ISP 4 TTEt-d 2J.3 Rt:?RG SVCS SPEC SDb S£NIOR OPE~ w<.ic ci:.o St:NI~R 1u-.G£R lfb), s 0 :tt~(L£R SrS «£ Pll Sll s~ I~J> ••iTE IhSPECt .so" SR Mt:CH 111:1( 2Sl Sfif. Lie~A~l.A~ 'IC,.5 ST l'!Air4T ASST 3,~ ST. Slitt:P(.~ OP 3,3 ST S.Wt:£?£'l OP-LEAi> .?21. ST•ff ;;~ (~(TA it" 2&10 ST:>R((i:£Piit 317 S:L.l~V E~~fl SVCS ~(:ab su=>y Gt:~E>iAL Rt:C ~1:.0 SuPV Llti~UU CIF{ 32 s SlJ~VEYOfC. FU3LIC wlCS .. Ob T~AF co .. r l'll.U1T I 'tl.2 T~Af COi'tT P'l&I NT II '107 T'"(Af CO"T M4H.T-L ~3 .. T~AFFIC SIGNAL T£Ctt \f3~ T~C:E r.A I flif AiSl -2- Approx. MOftth 1 y Sa 1 u·y at E Step Effecttt<e 4/1.7/85 Effective 4/26/116 2 .. asa 2 .. 363 .J..'103 ~ .. ih.l 1 l..5~2 ... bb9 c .. 7!17 ~.9.J.u 2 .. 2 .. b 2 .. 31J. i?,QbS 2,J.,=t 2 .. 1s.: 2.'11.:13 3 .. 0~2 3 .. C:2J 2.,3.:;::; 2 .. 5ctb J. .. dO'i J..'Ul~ 2 .. 1~7 2' .. 255 ~ .. 2ttb 2 .. lfl.lf .Ji. "1't6 e .. l.Slf 1 .. ,01 2 .. lJ'tiJ 2 .. 6'1'1 3•JS'1 c•72c. 2,.611 c .. ~j.a 2 .. 31.tO 2u:il.3 c•1s1 2 .. 121 2,c31 l .. 'b! 2 .. ::Jti 1 c .. 211 C: .. 'i!J~ 3 .. c:ua 3,3~~ i, .. !&tb l., .. ! Class Title 3oC MOTOR E~Ul~ MtCH 2!2 ~ATU:iALIST 2Cl OFFIC( ASSISTANT 2UO OFFICE SP~CIALIST 230 0Ff S~T DU?L MACH OP 235 Off~ET DuPl CP LEA~ 4~4 ?AR~ MAI~T ASST ~5~ ~4R~ MAINT PERSON ~52 PAR~ rAlNTFE~S L[AP 2!1 ?A~( RAhG£~ ~~3 ?A~kl~G M>~ITOR ~bO ?AR(S (~~•-L£AP 3l6 P~AN DEV ANALYST 352 Pi..ANN£~ 30~ PLANS CHECK LNGR clO 0 ~~ICE ~[SK SPEC 20~ POLI~£ OFFICE ASSIST 332 P~I~CIPAL ENGI~£ER 270 P~~~ A~T~/SCl PROG 2bS PttOGR•~ A~SlSTA~T cD~ P~OD~~TY tVI~ TECrl 212 PU~CH•!I~G TECHNICN -3-· Approx. MOnthly Salary at E Step Effectfve 4/-r/{85 c..3t.-. ~ .. 275 2 .. 0'B 2 .. Ci33 Effective 4/26/!J 2 .. 2oe 3-.72.3 2 .. lbb Cl&ss Title ~5, G0lf co~ MT PEPSO~ 31~ G~APHICS ~P£CIALIST ~~1 GR£ENStEEPER 3~l HEA~Y l'~ OPER-LEAP 39C HEA~Y ~~UIP OP ~u~ I~D. ~'ST~ IhSP. 32~ l~SP/SURV£~I~G TECH 303 I~SPECTOR-Fk cb6 I~iT A~TSIC~•fTS SC3 ~·~o~AT0~1 TECH w~c 251.J LI3RA~lA!\ 2?2 Ll3~A~Y A~ST• 2~3 Lic~ARY S~EClALlST 532 LI~E?C~/CABL( ~PL-l S31 LI~~P~R/CAcL( i.PLICE SOS MAI~T MEC~ •~C ~,u M~CH u~IT R£PAI~ 21.Jl ~:TLri ij~l)(~ 2~0 MET£~ n(ADl~-L[A~ 3!l 1,TO~ E•uif MCH-L(A~ -4-e Approx. MOnthly Salary at E Step Effective 4/27/85 Effective 4/26/86 i:.553 i:." ,c; 5 l .. c;;s Class .,..r 32[. 307 :ns S33 S30 !i3~ 3ll. 323 31'1 cS~ l9b 3-=t7 i:~C 373 2J3 37'1 315 37b 311 .. a.c: '6SS .. ~~ 'l!., Class Title J\AFTSFL~i/~ISPATCH' :: .. LC. S"S ~ISl='ATCHC:R ~u:cr t.Ap t~AfTSPERS EL£CTi<ICAi.. lS:ST I ELECTi<ICIAJ. £L::CT!tICI•t\-L (~.~"( Tt:(H l ["t~!ot TECH Il E. -~.; ~ TECH lII £?JI~ PA~T~ TECH £JUI i'M(r.r CP£reATCi't £:1JI:>t.'t:•1T <;Pt:~ATOR-L £~[(.Ull~( S£CRETA~Y FA( CAR?£:-.T£1\-L f'ACILITit:i ASST FiCIL.lTI£S CARPENTE~ f ACli..l Tlt:S £'.LtCT FAC:ILIT!Ei nt:CH F"(lL.ITIC:S ?AlhT£ff FIELD S~C~£~i ~GS G "'~ r. Ot £it ft;: c t1 GI.~(, :'10111-~iC OPiJi b4S SYS ~riO~/FL» re Pre -s- Approx. btlll,1 salary at E Step Effective 4/ZJ/8$ Effective 4/°ll/Fll> 2 .. j2't 2 .. ~s2 2 .. 'tiU11 3.,)i5l ~ .. :H7 2•29a 2 .. 23 .. 2 .. 3.5? 2 .. ,,s 3 .. J.59 .:t.c?iJ5 3 .. 3! s c110b7 ~ .. l&i? 2 .. 21flf 2 .. 3b7 :? .. su-. c .. t.'+i. j,,.,~, ~ .. Q~if c .. ~ .. ;J 2 .. 2~! c!.2'1~ 2.'tl't c.oaa 2,.3jil) e:.Silc i2 .. b39 .a.,at.1 l., .. 3 e .. 3145 2 .. '175 C' .. 3if s c .. 1t1s 2 .. 3145 i •.. 75 c? .. 3't5 ci.-.1s 2 .. oaJ. 2 .. 1,1 2~.1ica 2 .. c-.1:. l .. 'ISS ~.Ot.2 2.~, .. ~ .. 6fc3 --------------------------- Class !!ab!!: Class Tftle 3Ql CITY c~r COM? I~S? 20S C~TL/A(CT ASlI~TA~T 207 C~T~/ACCT SP£C-L£4D 20~ C~TL/ACCT SPECIALIST c3b C'MM ~ISPATC~E~ II 237 CO,M »J~?~TCHE~ IV 23b C01M DiPTCH~ II-f ~Ei 233 cu1n TtCH ASST ~17 conM~R(IA~ i~~~ SP(( JO~ co,~~~ TECH 102 c~~r.u~ITY Si~~ Off(~ 22D (~~? OPLR-P~OG~A~~(R ~3~ CvMP~T£~ ~PE~ATOR 2lb co~~~Rv FIEL~ P.(P ~15 C~~S~RV fl£L» ~PEC 2SS C~J~J LlB SPiC SVCS c~~ COO~D soc-c~M~ SVCS 218 CUST SVC ~EP~~S£~T ~2, »£TA i~TRt OP CHIEF a2s tATA E~T~Y OP(ffATO~ 31~ '(SI~~ TECn tL:cr 313 ~ESIG~ Tt(H •-G-S -6-e Approx. MOnthly Salary et E' Step Effactive 4/27 /85 Effective 4/26/86 ~.721. 2 .. ssa ~.3!J ~.s1:s1 C1Hs llf.mber i!.77 ~7b 21:. c7a 2ltlf 333 353 330 ~ .. , :p-.. .:1 3!2 2c-,~ 30(.i 37G 37), 3~.l ~3! S3b ltD! 'tC~ ~~2 2't7 ~37 Class Title A\'.!1'1AL '-TT£ NI> ANT A:O.,lr.A1.. (0'-'TROL Off A~l~AL co~Tf(OL Of F L A"'I r.AL HEALTH TECH ASSOC 61.1YEP A~S(;( £.i,Ca! NE£' Ai)i;l( F-L A '4 ~t. f\ ASST ENGI~EER AS.ST STOkt:~f.[?[~ AJT( SC~V Mi.CH l.(AI: AUTC SERYI<t. :"f((H :h .. D:a rr.sr>;:cr.J~ ill»~ IN~P~{TOR SPt:C a1... .:> c, ~L~ \II(Etl~~so~ S .. tG :iE.R V 1 C t.P t:R SO t-.-L t!.. .. ~C.IPLG TECwr..lCIA'- C.AC3LE SPLl ct. R ASST CATH~:>IC TEC11 Ct. :'It ~T F l"VISrt£~ C t:r\E.~T f l'\ilSHiR L~Ab C.H~r.I~T (Hf £1.. e:c u tvD~ RblH ~SP Cl'tl £.F "ETiftPtRSON Approx. Minthly Salary at E Step Effective ~/11/85 Effecttve 4/26/86 .l•tbb 1 .. ar..3 j. .. 6,6 2 .. .:; J~ 2 .. 02'l 2 .. Ja&+O J. .. 1137 2 .. 0l.f3 2 .. 32'f ih'IS2 3 .. 1c:a 3,.3CJ ~ .. 7cb 2 .. !17 2 .. a21 2 .. 1153 1 .. 7,, lt .. !'1! ~ ... :U3 ~•14a1 a .. 162 c .. 3~ 1. c: .. 1a~ 2 .. ,.i ~ ~ .. ,c.s 311 \2~ l .. 7!1 Jt11!~D i .. ,03 2-.0u7 ~ .. co3 2 .. 3c~ c .. s3a ~ .. bb, ~ .... ,:. 3.l.~ct c .. i.&c 2 .. 3:iA. c .. 3&f!a ~ .. &f?S C! 'I 7"t2 c: .. ,,,. .. 3,2oa 3,355 3,C!J6 3 .. 365 APPENDIX B APPRENTICESHIPS SUPERVISOR, UTILITY OPERATIONS may lead to Water-Gas-Sewer supervisory positions; WATER QUALITY CONTROL SPECIALIST may lead to Water Quality Control supervisory positions; UTILITIES TRAINEE may lead to various positions within Water-Gas-Sewer and/or Light and Power; WATER QUALITY CONTROL OPERATOR TRAINEE may lead to positions within Water QUa11ty Control; BUILDING ANO EQUIPMENT MAINTENANCE TRAINEE may lead to the following positions: 5/82 Facilities Carpenter Facilities Mechanic Motorized Equipment Hechanic Facilities Electrician Facilities Painter Department Light & Power Water-Gas-Sewer APPENDIX C ROTATIONAL LEAD POSITIONS Position Lineperson/Cable Splicer -Lead Utility Installer-Repairer -Lead ACTING LEAD POSITIONS The following acting lead positions are established pursuant to budgeting, selection and scheduling procedures· to be developed by the department subject to Union concurrence. Department Police Public Works Position Acting Chief Connunicato~ Acting Heavy Equip Operator • Lead Department/Division Fi RE DEPARTMENT UTILITIES DEPARTMENT Treasurer's Office Utilities/Conservation PLANNING DEPARTMENT CClllJNITY SERVICES DEPARTMENT Arts Division LIBRARY DEPARTMENT APPENDIX 0 EXCEPTIONS TO STANDARD WORK DAY OR WORK WEEK FOR SEIU REPRESENTATION UNIT Classification Executive Secretary (one only) Utility Serviceperson Utility Serviceperson/ Conservation Field Representative Pri~cipal Engineer Associate Planner Volunteer Coordinator librar;an Library Associate Coordinator Branch Librar;es Work Day or Work Week ~ariation 4 days on/4 days off {by depart- mental agreement) Work week complies with Fair Labor Standards Act but involves scheduling of 7 days on, 2 off; 3 days on, l off; 3 days on, 1 off; 7 days on, 3 off; 5 days on, 3 off; over a five-week cycle. In a given work week staff may work two nine-hour days, two eight-hour days and one six-hour day. Works 40 hours per week as follows: Mondays Wednesday -10 hours each Tuesday, Thursday -8 hours each Friday -4 hours each works 20 hours per week as follows: Tuesday through Thursday v 5 hours each Each week (30 hours): 15 hours of unscheduled time; 15 hours of scheduled time In a given work week staff may work three eight-hour days. one seven- hour <lay and one nine-hour d1y. Rules Governing Flexible Work Hours and Overtime -Recreation Department These rules and procedures are establ;shed pursuant to Article VI, Section Bs and are an app11cation of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the employees ;n the Re,reation Oivfsion classified as Supervisor., General Recreation. -2- 1. Flexible Hork Schedule a. Employees in the covered classification shall be pennitted to arrange flexible work schedules with division approval, providing that such schedules shall include eighty (80) hoLJrs per pay period. b. Standard daily office hours shall be Monday through Friday, between the hours of 8:00 A.M. and 6:00 P.M. Flexible hours may occur for supervision of evening programs, meetings, weekend events~ or other programs. 2. Compensatory Time a. Employees and Management shall make every effort to schedule job functions during regular work hours, but some work, which is peculiar and typically related to recreation prograrmiing, does not always occur ~Jring ~egular hours. The work activities will be reported by the employees following ~he perfor- mance of such work. b. Employees shall be entitled to take such reported time off on an hour-for-hour basis by mutual arrangement with Management. c. Such reported tfme should be taken prior to the end of the quarter following the quarter in which it was reported. In all cases it must be taken within 12 months of the accrual. 3. Overtime a. Emergency call-out work shall be defined as overtime work and compensated per standard City practices. b. If the need arises for overtime work due to an unusual circumstance calling for extra hours or due to a special event, compensation shall be allowed with prior approval of the o;rector of Recreation and shall be compensated for, as spelled out in the Memorandum of Agreement. Work Schedules, Hours and Overtime -Arts and Sciences Division These rules and procedures are established pursuant to Article VI, Section 8 and are an application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement in the Arts and Sciences Division classified as Producer, Arts and Sciences; Program Assistant; Naturalist; Instructor, Arts and Crafts; and Zoo Attendant. 1. Rescheduled Compensato~y Time. Employees in the above-named class;fications shall be permitted to arrange flexible work schedules with division approval as follows: -3- a. Work of the creative process, the tasks, and the time required to perform those tasks, may overlap regular hours or occur at irregular hours. Such work, which is peculiar and typically related to arts and sciences prograntning, shall be limited to rehearsals, designing scenery, graphics, finishing produc- tion work, technical rehearsals, perfonrances~ set strike, exhibition installa- tior., interpretive programs, special events, open houses, receptions, festivals, volunteer-related programs and attendance at corrmunity meetings. b. Management and employees shall make every effort for creative process work to occur during regular work hours. c. Management shall approve creative process work in advance. d. In order to receive credit, creative process work must be reported within the bi-weekly pay period during which the work occurred. e. Employ~s shall be entitled to take such reported time~ off on an hour~for­ hour basis by mutual arrangement with Management. f. Such reported time shall be taken prior to the end of the quarter following the quarter in which it was re~orted. In all cases it must be taken within 12 months of the accrual.. 2. Overtime. Overtime work shaal be authorized work requested by or assigned by a Management eft1)loyee of the Arts and Sciences Division on a nonnal day off or during hours that are ,..,t; a part of the normal work day, including required attendance at meetings, emergency call-outs, or work on an extraordinary project during non- scheduled hours, but excluding work resulting from an extension of the 11creative process11 as defined in (1) above. Overti1ne will be provided for in accordance with t ~ Memorandum of Agreement. APPENDIX E l. For employees in the following operations assigned to work schedules other than Monday through Friday, the calendar day will be considered the holiday for premium pay of in-lieu scheduling purposes: Corrmunications Water Quality Control Animal Control Golf Course Utilities Services Landfill Foothills Park 2. If December 24 and 31 fall on Sunday, then the preceding Friday will be designated for purposes of excused time off, except in the case of Soc;a1 and Conmunity Services staff who may be scheduled to work on Saturday, in which case Saturday will be designatea tor the half-day holiday. For Foothills Park personnel, designation of excused time off will be based on Park schedules and employee preference. 3. Saturday and Sunday Holiday Observance. Library Employees. At the beginning of the fiscal year9 the Director of Libraries will announce the closing schedule for holidays during that year which fall on Saturday or Sunday. APPENDIX F CITY OF PALO ALTO EMPLOVEES' HEALTH PLAU CHANGES City of Palo Alto Employees 1 Health Plan c~~nges as agreed effecti~e April 1, 1978: 1. Added as a covered charge and Major Medical benefit subject to a deductible and payable at 100%: One routine pelvic examination, including Pap Smear, per calendar year for covered employees and dependents. 2. Under Retired Employees' Health Plan, the lifetime max~mum is increased to $100~000 for each eligible member retiring and electing coverage after April 1, 1978. ~hanges Relating ~o Charges Incurred Beginning May 1, 1980: During any calendar year "deductible charges" up to $50 per covered family member may be aggregated to ineet a maxilflJm family deductible of $150. Any amounts paid by the plan, or any amounts paid by covered meabers ur.der major medical co-insurance provisions do not apply toward the deductible.