Loading...
HomeMy WebLinkAboutRESO 5134• ORIGINAL RESOLUTION NO. 5134 RESOLUTION OF-THE COUNCIL OF THE CITY OF PALO ALTO AMENDING 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 is amended to read as follows: "1401. Memorandum of agreement incorporated ~ reference._ That· certi'In memor.andum of agreement, Ciated July 29, 1975·,. by and between the City of Palo Alto and Local 715A, SEIU, AFL-CIO, CLC, consist- ing of a Preamble and Ar.ticles I through XXVIIl with three appendices attached thereto and incoporated ~herein for a term ~onmencing July 1, 1975 and expiring March 31, 1977, is hereby incorpor~ted into these Merit System Rules and Regulations by reference as though fully set forth herein. Said memorandum shall apply to all employees in classifications represented by said Local 715A, SEIU, AFL-CIO, CLC, except where speci- fically provided otherwise herein. In case of conflict between this chapter and any other provisions of the Merit System Rules and Regulations, this chapter will prevail over such other provisions as to employees represented by sai-d Local 715A, SEIU, AFL-CIO, CLC." SECTION 2. The changes provided for in this resolution shall not affect any right established or accrued or any offense or act committed, or any penalty or forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered _prior to the effective date of this resolution. SECTION 3. The Council .of the City_of Palo Alto hereby finds that the enactment .of_ this resolution is not a "project" within the meaning of that term _as defined in Section 11.04.130 of the Palo Alto Municipal_Code and, therefore, no environmental assessment is necessary. INTRODUCED AND PASSED: August 25, 1975 \ AYES: Beahrs, Berwald, Clay, Comstock, Byerly~ Norton, Sher, Witherspoon NOES: None ABSENT: ! Carey APPROVED; c~on'~~ eraoiu,e AP~ 47~ yor • li' ~ n c.,~ ~,Manager fie , • 1975 -1977 MEMORANDltt OF AGREEMENT City of Palo Alto and Local 715A, SEIU, AFL-CIO, CLC PREAMBLE 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 Union, AFL-CIO, CLC (hereinafter referred to as the Union). Employeet for the purposes of this Memorandllll of Agreement, shall mean an employee assigned to a classi~ica­ tion within the SEIU unit. This Memorandum of Agreement is pursuant and subject to Sections 3500 -3510 of the Government Cede of the Stat.e of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations. ARTICLE I -RECOGNITION Section l. Pursuant to Sections 3500 -3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes the Union as the exclusive representative of a representation unit consisting of all regular full and part time employees in the classifications listed in Appendix A attached. This unit shall for purposes of identification be titled the SEIU unit. Section 2. No supervisor wili perfonn the work of an employee in the SEIU unit pro- vided that there is an employee available who regularly performs such work. This does not preclude,a supervisor from performing work of a minor nature or during bona fide emergencies or on a standby status when willing and qualified unit employees do not live within an eight (8) mile radius of the City Service Center. By mutua: agreement of the Union and the department involved, other arrangements may be made regarding the eight mile radius. ARTICLE II -NO DISCRIMINATION Section 1. The City and the Union agree that no person enployed by or applying for employment hereto shall be discriminated against because of race~ religion, creed, political affiliation. color. national origin, ancestry, union activity, age or sex unless sex is a bona fide occupational qualification as defined in Federal or State law. Section 2. The City and the Union agree to protect the rights of all employees to exerc1se their free choice to join the Union and to abide by the express provisions of applicable State and local laws. Section 3. The City and the Un1on will cooperate in pursuing a policy of affinnative action. Any City established advisory employee con111ittee relating to affinnative action shall provide fair Union representation on that conmittee. ARTICLE III -UNION SECURITY Section l. When a person is hired in any of the covered job classifications, the City • MEMORANDUM OF AGREEMENT Page Two • c shall notify that person that the Union is the recognized bargaining representative for the employee in said Unit and give t.he employee a current copy of the Memorandt.m of Agreement. Section 2. Maintenance of Membershii:>_. All Union members on payroll deduction for payrr.ent of Onion dues as of 5:00 P.M: on the tenth day following signing of this Memorandum of Agreement must remain on payroll deduction for the life of this Memorandum of Agreement or so long as they remain members of the representation unit. Union members who establish dues payroll deduction during the tenn of the Memorandum of Agr~ement 1111st remain on payroll deduction for the life of this Memorandum of Agreement or so long as they remain members of the representation unit. Union members on dues payroll deduction may declare their intention to tenninate such payroll deduction following expiration of ~~is Memorandum of Agreement during the 30-day period between 60 and 90 days prior to expiration of the Memorandum of Agreement. Section 3. The City shall supply the Union with an at cost monthly computer run of the names, addresses and classifications of all unit employe~s except those who file written notice with the Personnel Department objecting to rel.ease of address. Names, addresses an~ classes of new unit employees will be transmitted to the Union unless the employee objects in writing to release of address, in which case infonnation will be transmitted without address. Section 4. Pa~roll Deduction. The City shall deduct Union membership dues and any other mutually agree upon payroll deduction from the bi-weekly pay of-member employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Union. The City shall renit the deducted dues to the Union as soon as possible after deduction. Section 5. Bulletin Boards and De~rtmental Mail. The Union shall have access to inter- office mail, existing bullet{n bOa s in unit employee work areas, and existing Union- paid telephone answering device for the purpose of posting, transmitting, or distributing notices or announcements including notices of social events, recreational events. Union membership meetings, results of elections and reports of minutes of Union meetings. Any other material must have prior ap~roval of th~ Personnel Office. Action on approval will be taken within 24 hours of submission. Section 6. Access to Union Re¥resentatives. Representatives of the Union are authorized access to City work locations or the purpose' of conducting business within the scope of representation, provided that no disruption of work is involved and the business transacted is other than recruiting of members or collecting of dues, and the represen- tative must notify the Personnel. Department Office prior to entering the work location. Section 7. Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during lunch periods or other non-working hours. Such meeting places w111 be made available in conformity with City's regu~ations and subject to the limitations of prior conmitment. Section 8. Notification to the-union. The Union shall be infonned fn advance in writing by Management before any proposed changes not covered by this Memorandum of Agreement · are made in benefits, working conditions, or other tenns and conditions of ~loyment which require meet and confer or meet and consult process. ~ . .• ' ... MEMORANDUM OF AGREEMENT Page Three • Section 9. Union Lo30. All materials and documents produced on Itek and metal plates, by the City print an reproduction shop shall carry the Union label, on the inside of covers or title pages in accordance with customary printing trades practices. ARTICLE IV -STEWARDS Section 1. The Union agrees to notify the Director of Personnel of those individuals designated as Union officers and stewards who receive and investigate grievances and represent employees before Management. Alternates may be designated to perfonn Steward functions durin9 the absences or unavailability of the Steward. Section 2. The number of Stewards designated by the Union at a given time shall not e~;r,eed twenty-five (25). Section 3. It is agreed thatt as long as there is no disruption of work, Stewards shall be allowed reasonable release time away from their work dutiest without loss of pay, to act in representing a unit employee or employees on g~ievances or matters within the scope of representation, including: (a) A meeting of the Steward and ~n employee or employees of that unit related to a grievance. (b) A meeting with Management. (c) Investigation and preparation of grievances. Grievances may be transmitted on City time. All Steward release time shall be reported on time cards. Section 4. The Union agrees that the Steward shall give advance department notification before leavir.g the work location except in those cases involving emergencies where advance notice cannot be given. Section 5. Three Union officers who are City employees shall be allowed a reasonable amount of released time off for purposes of meeting and conferring or meeting and consulting on matters within the scope of representation. All such time will be reported on time cards. Section 6. Union Stewards may utilize space in assigned desks for storage of Union materials. In the event Stewards are not assigned desks the City will ~rovide locker space for storage of Union materials. ARTICLE V • REDUCTION IN FORCE Section 1. In the event of reductions in force, they shall be accomplished wherever possible through attrition. Section 2. If the work force is reduced within a department, division, or office for reasons of change in duties or organization, abolition of position, ·shortage of work or funds9 or completiQn of workt employees with the shortest length of service will be laid off first so long as employees retained are fu1Jy·qual1fied. trained, and capable ' MEMORANDUM OF AGREEMENT Page Four of perfonning remaining work. Length of service for the purpose of this article will be based on total City service in a regular classification or cl~ssifications. Employees laid off due to the above reasons will be given written notice at least thirty days prior to the reduction in force. A copy of such notice will be given to the Union. Such employees shall be offered priority employment rights to regular or casual positions which are requistioned and for which the employees are qualified for a period beginning with notification and ending sixty days following the reduction in force. Employees transferred or re-classified under this section will be assigned tq the step in the new classification salary range closest to the employee's salary ra11ge at the time of re-classification. - Section 3. If, pur;;uant to Section 2, the City is unable to offer a regular or casual pos1t1on to an employee during the period beginning with notification of layoff and ending 60 days following layoff, the City shall pay the employee a severence pay equal to one month's salary at the employee's final rate of pay prior to tennination. Section 4. Employees laid off pursuant to Section 2 who are reinstated to a regular pos1t1on within sixty days shall retain the sick leave balance they had at the time of layoff unless they have received a sick leave payoff in accordance with Article XII. Upon reinstatenent the employee 1s hire date of record at the time of layoff will be reinstated. ARTICLE VI -PERSONNEL ACTIONS Section 1. Probation. Each new regular or part-time employee shall serve a proba- tionary periOCI of six (6) months, comnencing with the first day of his/her employment. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose perfonnance does not meet the acceptable standards of work. In the event of ·termination prior to successful completion of the probationary period, such tenninated employee shall be given written notice of his/her tennination with the reaons for the tennination stated therein. The Personnel Department shall, upon request, afford an interview in a timely fashion to the tenninated employee for dis- cussion of the reasons for tennination. The employee may. upon request, be ·accompanied by a Union representative. The interview shall not be deemed a hearing nor shall it obligat~ the City to reconsider or alter the termination action. The parties agree that probationary employees shall have all rights under this Memor- andum of Agreement, including full and complete access to the grievance procedure, save and except for instances of suspension, demotion or tennination. Section 2. Personnel Evaluations. Personnel evaluations will be given employees as scheduled by Management. Pet"sonnel evaluations are not appealable through the grievance procedure but, fn the event of disagreement over content, the employee may request a review of the evaluation with.the next higher level of Management. For purposes of this review, the employee may be represented by the Union. Decisions regarding evaluation a~peal shall be made in writing within ten working days following the review meeting. . • MEMORANDUM OF AGREEMENT Page Five Section 3. Personnel Files. Records of all-disciplinary actions shall be kept in the central personnel ffle. Employees shall be entitled to sign and date all action forms in their personnel files. Employees are entitled to review their personnel files upon written request or to authorize. in writing, review by their Union representatives. An employee or the Union shall be allowed, upon reasonable request, copies of materials in an employee's personnel file relating to a yrievance. Records of disciplinary actions shall be removed from a personnel file upon written request by the employee after a period of five years. or sooner as mutually agreed by-Management and the employee. Section 4. Release of lnfonnation. The City will only release infonnation ~o creditors or other persons upon proper identification of the inquirer and acceptable reasons for the inquiry. Infonnation then given from personnel files is limited to verification of ert1ployment, length of employment and verification and disclosure of ~alary range information. ReleasP. of more specific infonnation may be authorized ~Y the employee. Section 5. Promotional Opportunities. (a) Posting Promotional opportunities for classifications within the representation unit will be posted for at least ten working days (Monday through Friday) prior to selection. Outside recruitment may be used for promotional openings only in cases where there are fewer than three qualified internal candidates within the department where the vacancy occurs. If used, outside recruitment may begin at the time of posting, or any time thereafter. (b) Selection The selection procedure for each promotional opening will be detennined and adminis- tered by the Personnel Department in consultation with the requisitioning department. Selection procedure and job description information will be available at the Personnel Office at the time of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification, and tests may not be bias~ with respect to race, sex. religion, creed, political affiliat16n, color, national origin, ancestry. or age. Selection procedures may include any or all of the following phases: - 1. Application." Both inside and outside candidates will make application on forms specified by the Personnel Department. Appl1cations must be submitted to the Personnel Office. 2. Screening. Appli~t1ons wil 1 be screened by the Personnel Department to ascertain whether candidates ~t minim1111 requirements as outlined in the job description. 3. Perfonnance Testin~. Perfonnance tests, such as typing. ~chinery or vehicle operation, skills emonstratiOJ1, physical agility, etc., will be qualifying. Pass-fail points will be announced in advance for qualifying tests. I I I I MEMORANDUM OF AGREEMENT Page Six '· 4. Written Tests. Written achievement or aptitude tests will be qualifying. Pass-fa11 points will be announced in advance for qualifying tests. 5. Interviews, Ap9ra1sals. Interviews may be conducted individually or by inter-view boards an will be qualifying. Int~rview boards shall be composed of qualified and unbiased people. Where interview boards are used, Management will include at least one bargaining unit employee on each boa~. If individual interviews or an interview board is used, a majority of the individuals or board menbers must reconmend a candidate in order for the candidate to qualify for appoinbnent. Perfonnance appraisals written by candidates' supervisors may be used as indicated in the selectfon procedure. {c) Recomr.ended Candidates Candidates who successfully complete all phases of the selection procedure will be recomnended to the appointing authority. The Personne 1 Department sha 11 main- ta in lists of employees who are qualified for the following unit classifications: General Clerk A General Clerk B General Clerk C Building Service Person Equipment Operator Parking Monitor Park Maintenanceperson Water Quality Control Operator COfllllJnicator Librarian General Secretary A Secretary B The City may establish reasonable qualifications, including perfonnance tests or other tests where applicable, for admitting employees to the lists. Employees who fail to qualify for any such list shall be told the reasons for non-qualification. (d) Appointment The appointing authority will make appointments from among those reconmended can- didates who are most qualified as detennined by objective review of selection procedure results and background material. With regard to promotional opportunities, the following factors will be considered equally in making appointments: past performance, affinnative action and seniority. · (e) Violations Any violation of this Article may be appealed to the Personnel Director in Step III of the grievance procedure. Section 6. Apprentice Positions. The City shall establish apprentice positions wherever feasible. Length of apprenticeship, type of training, and pay levels shall be by mutual agreement. Where possible, apprentice positions will underfill regular positions so that incumbents may automatically progress to the classification for which they are training upon successful comple~ion of apprenticeship. •, .. MEMORANDUM OF AGREEMENT Page Seven Section 7. In assigning employees to regular or special shifts, transfer, standby, overtime, or vacation selection, ability to perfonn the work, length of service and/or equitable rotation shall determine the assignments. In accordance with this provision, more definitive rules may be arranged by mutual agreement of the Union and individual City departments. ARTICLE Vll -PAY RATES ANO PRACTICES Section 1. A general salary increase of 7.5 percent applied to all classifications in the representation unit effective with the pay period which includes August 1, 1975. The following classifications shall receive additional realignment increases as noted below applied prior to the calculation of the above increase: C0111TIUnications Technician 5.0% Elec Systems Dispatcher W/G Telem Technician E1ectrician 3.5% Lineper/Cable Splicer Lineper/Cable Splicer Lead Elec Assistant Driver/Groundperson Elec Leadperson Cathodic Technician Chief Meterperson Street Light Replace Traffic S1gn Painter/Lamp Motorized Equipment Mechanic 3.0% Motor Equip Mech Lead Auto Service Mech Auto Serviceperson Water Quality Control Plt Oper 3.0% Chief Operator Maint Mechanic Senior Mechanic Supv General Recreation 2.0% Coord Rec Programs Instruct Arts & Crafts Pri nc Prod Arts Producer Arts Programs Pr and Prom Coord--Arts Supervisor Recre~tion Coord Senior Adu It Resources Building Inspector 1.0% City Ord Compliance Insp El ec Underground Insp Public Works Inspector MEMORAi~IlJM OF AGREEMENT Page Eight Park Ranger 1.0% Natural f st Chief Park Ranger Jr Museum/Zoo Attend Principal Planner 1.0% Pdmin Zoning Planner Assoc Planner Anal Traffic Environ Specialist Party Chief 1.0% lnstrumentperson Facilities Painter 3.0% Facilities Electrician Facilities Carpent~r Facilities Mechanic Facilities Maint Lead The Delivery/Stock Clerk sha 11 be increased .in pay to $920/month prior to calculation . of the general pay increase in accordance with a prior grievance resolution. The Sign Fabricator and Installer shall receive the same pay level as· the Cenent Finhher. Section 2. A general increase of 2.0 percent applied to alt classifications in the representation unit effective with.the pay period which includes January 1, 1976. A general salary increase of 6.0 percent applied to all classifications in the repre- sentation unit effective with the pay period which includes July 1, 1976. Section 3. Ste~ Increases. Merit advancements ·frm the first salary step to the second salary s ep shall be granted at six-month interva'-; and between second and subsequent steps at one-year intervals if the affected employee has demonstrated continued improvement and efficient and effective service. For the purpose of deter- mining step time requireMnts, time will cmaence 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 fn which the time requirements have been met. Section 4. Annual MJustment. Annually. each employee who holds a regular full-time appointment in the municipal service on or before July first and continues in such status ~rough the first day of Pay Period No. 12 (in December} shall receive, in addition to the salary prescribed herein. a salary adjustment equal to one percent (11) of the employee's current annual salary. Annual adjustlllents shall be prorated to reflect appointllent fn;a January 1 through July 1 of the c~rrent year, or inter- rupted service during the year~ _ Section 5. Working Out Of Cl1ss1f1catfon. The term "working out of classff1catfon" is dittnea as ·a Ranagwnt autfi0,.1zid full time assignment to a budgeted position on MEMORANDUM OF AGREEMENT Page Nine a temporary basis wherein all significant duties are perfonned by an individual holding a classification within a lower compensation range. Pay for working out of classifica- tion shall be as follows: (a) Employees appointed to unfilled requisitioned positions on an "out of classifica- tion11 basis will receive acting pay within the range of the higher classification beginning the first day of the as~ignment. (b) Employees appointed to a position for vacation coverage will receive acting pay within the range of the higher classification beginning on the twenty-first consecutive working day. (c) Employees appointed to a position for sick leave or other leave of absence coverage will receive acting pay within the range of the higher classification beginning on the fourth consecutive working day. However, the qualifying period shall be limited to a total of ten days per fiscal year, after which acting pay shall begin on the first day of the assignment. The step within the range of the higher classification will be the step at which the employee would be paid if pennanently appointed to that classification. Out of classificativn provisions do not apply to work assignments perfonned in connec- tion with specific predetermined apprenticeship or training progr&~s or declared conditions of public peril and/or disaster. Section 6. Classification Changes (a) During the course of this agreement, the City shall notify the employee concerned in case of contemplated change in job content as contained in the classification descriptions which were in effect as of July 1, 1975. 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 tenn of this Memorand1JTI of Agreement. If the Union and the City cannot reach agreement on the appropriate pay level for a job so reclassified, the classification description shall revert to its fonner status. (b) An employee or his/her representative may request in writing a re-evaluation of his/her job based on significant changes in job content or significant discrepancies between job content and classification descript;on. The request must contain justification and may be made only during the period of December 10 through January 10. The Administrator of Compensation will respond to such requ~sts in a timely manner. If meetings are held the employee may request repre~~ntati_an. Any changes determined will become effective the first pay period following fiscal year or the job will be returned to its previous status. Section 7. Advance of Vacation Pay, Vacation pay shall be made available in advance of regular pay day provided that employee requests such advance in writing to the - Controller's Office at least two weeks prior to his/her vacation date. The employeets supervisor must verify vacation date on the request. MEMORANDUM OF AGREEMENT Page Ten Section 8. Assignment to a Lead Position. All vacancies in lead positions shall be filled in accordance with Article VI, Section 5. The pay range for the lead position shall be seven percent above the pay step of the highest paid employee on the crew. Departmental exceptions for filling lead positions on a rotational basis for training and development purposes may be arranged by mutual agreement of the Union and indi- vidual City departments. Current exceptions are listed in Appendix B. ARTICLE VIII -HOURS OF WORK, OVERTIME, PREMIUM PAY Section 1 •. Work Week and Work Day. The standard work day for regular employees shall be eight hours to be worked within a maximum of nine hours (five day work week) or 10 hours to be worked within a maximum of eleven (four day work week) or nine hours to be worked within a 10 {four and one-half day work week). The standard work week shall be forty hours to be worked within five consecutive days. Existing exceptions to the above are listed in Appendix c. The Union shall be notified of any further exceptions to this section in accordance with Article III, Section 8. Section 2. Overtime Work • . ·-(a) Overtime work for all unit employees shall be defined as any time worked beyond the standard work day or ~eyond the standard work week. (b) Compensation to employees working overtime will be in the fonn of add1tional pay at the rate of one and one-half times the employee 1s basic hourly salary with the exception that subject to the limitations of the Fair Labor Standards Act an employee may request and, upon approval, be granted compensatory time off at the rate of· one and one-half hours for each hour of overtime worked. In the event compensatory tfme off is used as the method of compensating for over- time, the time off will ~e taken prior to the end of the quarter following the quarter in which the overtime has been worked. In the event the employee is denied this provision, he/she will be compensated in pay for such time at the appropriate rate specified by these sections. (c) All time for which pay is received shall count as hours actually worked for the computation of overtime pay. (d) When an employee works 14 hours or more in the 24-hour period inmed1ately previous to the employee's shift starting time, the employee will be allowed an 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 emergency conditions are conditions involving real or potential loss of service or property or personal danger. Section 3. Work Shifts. All employees shall be assigned to work shifts with scheduled -starting and quitting times. Should conditions necessitate ~ change in starting and quitting times, the Union will be notified ten (10) working days in advance and per- mitted to discuss such changes with the City. This, however, shall not preclude the City's right to effect schedule changes dictated by operatjonal necessity. -This section does not apply to overtime scheduling. · Section 4. City Paid Emergency Meals. -(a) For purposes of this section, emergency overtime is defined as overtime ~rising •.·· MEMORANlllM OF AGREEMENT Page Eleven out of situations involving real or potential loss of service or property or personal danger. The City will provide meals in the following emergency overtime situations: l. When an employee is called back and is on duty for a period of three con- secutive hours. 2. When an employee is held over on duty so that his/her combined nonna1 work shift and overtime assignment exceed six continuous hours from his/her last meal and one and one-half hours after shift end. 3. When an employee is called out two hours or more before a regularly scheduled day shift and works the regularly scheduled shift, he/she will be entitled to breakfast. 4. When customar convenience wo~k or other emergency work precludes an employee from obtaining a meal at .the end of the shift. {b) The City will provide meals 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 from the last meal unless at least eighteen hours• advance notice is provided. _ {c) All meals provided shall be comparable substitutes for the employee's regular meals. Where possible the City will arrange purchase orders at mutually agreeable restaurants. - Section 5. Rest Periods. All employees shall be granted a rest perfad or coffee break limited to 15 minutes during each four hours of work. Departments may make reasonable rules concerning rest period scheduling. Rest periods not taken shall be waived. Section 6, Clean Up Time. All employees whose work causes their person or clothing to become soiled shall be provided with reasonable time before lunch and at shift end for washup purposes. Section 7. Standby Pay, Call-Up Pay. (a) Standby Compensation Employees perfotining standby_ duty shall be canpensated at the rates established below: Period Monday through Friday 4:30 P.M. -8:00 A.M. Saturday. Sunday, Hol 1days (b} Special call-Up Status - Compensation $16.00 per day $24.00 per day Employees asfifgned tO spec;al call-up status shall be compensated at the rates established below: Period MEftl>RANDUM OF AGREEMENT Page Twelve Monday through Friday Saturday, Sunday, Holidays Compensation $14.00/assigmnent period $21.00/assignment period {c) Minimum Call Out Pay '· Employees not otherwise excluded from rece1v1ng overtime pay.who are called out to perfonn unscheduled work shall be compensated for at least two hours' pay for each occurrence at the appropriate overtime rate. This provision does not apply to employees called out to work while earning pay for being in a standby status. Section 8. Ni~ht Shift Premium. An additional 30t per hour night shift premium shall be paid to emp oyees for work perfonned between 6:00 P.M. and 8:00 A.M. Employees who regularly work night shifts shall receive appropriate night shift premiums, relating to night shift hours worked, in addition to base pay for holidays, sick leave and vacation. ARTICLE IX -UNIFORMS AND TOOL ALLOWANCES Section 1. Unifonns (a) The City will provide unifonns. coveralls or shop coats on a weekly basis for the following jobs and/or classifications: Facilities Painter Facilities .Elt~ctr1cfan Facilities Carpenter Facilities Mechanic Facilities Maintenanceperson -Lead Leaf Truck Operator Traffic Lane Painter Traffic Lane Painter -Lead Building Inspector Other Streets Division employees when engaged in traffic painting operations Heavy Equf pnent Operator (Refuse) Heavy Equ1pnent Operator -lead (Refuse) · Refuse Disposal Attendsnt Utility Servfceperson Meter Reader Gas System Field Repa1rperson Chemist. Water Quality Control Laboratory Technician, Water Quality Control Building Serviceperson Building Serviceperson -Lead Junior ~eum/Zoo Attendant Auto Serv1ceperson Auto Service Mechanic .· MEMORANDUM OF AGREEMENT Page Thirteen Motor Equipnent Mechanic Motor Equipment Mechanic -Lead Mail Clerk Offset Duplicating Machine Operator Storekeeper Assistant Storekeeper Chief Storekeeper (b} All other employees who are required to wear specific clothing in the perfonnance of their jobs shall receive one-hundred fifty dollars ($150) per year uniform allowance. This section shall foclude, but not be limited to, Animal Shelter, Foothills Park and Parking Monitor employees. If any other employee is required to wear a unifonn during the life of this Memorandum of Agreement, the City will 1112et and confer with the Union concerning the establishment of an equitable uni- fonn allowance. All uniforrfl allowances shall be paid bi-weekly. (c) Employees required to wear unifonns shall be provided suitable change rooms and lockers where presently provided. {d) Employee clothing-seriously damaged or destr~yed in conjunction with an industrial injury wi11 be reasonably replaced by the City. Any other claims alleging City liability may be filed with the City Attorney. Section 2. Tool Allowance. (a) Mechanics in Equipnent Maintenance shall be paid a tool allowance of $65 per year. {b) Auto Service employees in Equipment Maintenance shall be paid a tool allowance of $39 per year. {c) All tool allowances shall be paid bi-weekly. ARTICLE X -HOLIDAYS Sec ti on 1. Fixed Ho 1 i days. Except as otherwise provided, employees within the repre- sentation unit shall have the following fixed holidays with pay: January l Thi rd Monday in February · Last Monday fn May July 4 _ First Monday in September September 9 Second Monday in October Fourth Monday in October Thanksgiving Day Day after Thanksgiving Day December 25 One-hal_f day either December 24 or December 31 In the event that" any of the afore-mentioned days, except for December 24 or December 31, falls on a Sunday, the following Monday shall be cor.sidered a holiday. In the event MEMORANDUM OF AGREEMENT Page Fourteen that any of the afore--mentioi1ed days, except for December 24 or December 31, falls on a Saturday, the preceding Friday shali-be considered a holiday. Section 2. Pay for Fixed Holidays. (a) All employees shall be paid a full day's pay at their regular straight time base hourly rate for all fixed holidays as defined herein. {b) An employee must be in a pay status on the work day preceding the holiday to be eligible to be compensated for a holiday. This subsection does not apply to an employee who is on an unpaid medical leave of absence of less than five (5) days. Section 3. Work on Fixed Holida¥s. Any employee required to work on a fixed holiday shall be paid time and one-halfor such work in addition to his or her holiday pay. Section 4. Variations in Work Week. (a) An employee whose work 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 th6,avent a fixed holiday falls-during his or her regularly scheduled day off. Every attempt will be made to schedule the day on a mutually agreeable basis. If the day cannot be so scheduled within 90 days, the employee shall be paid for the day at the straight time rate. {b) Fixed holid~ which fall during a vacation period or when any employee is absent because of illness shall not be charged against the employee's vacation or sick leave balance. Section 5. Floating Days Off. Floating days off with pay will be scheduled by Management as follows so as to produce three-day weekends: August 1975 December 1975 January 1976 March 1976 April 1976 June 1976 August ;976 March 1977 One floating day off One·floating day off to be scheduled on December 26 for all operations except those remaining open as designated by Management One floating day off to be scheduled on January 2 for all operations except those remaining open as designated by Management. One floating day off One-floating day off One floating day off One floating day off One floating day off The following conditions will hold: -l. Management will desig~te the scheduling of the paid day off under this section at least thirty days io advance. •, • ... MEMORANDUM OF AGREEMENT Page Fifteen 2. If in confonnance with this section Management is unable to schedule a day off in the month indicated, for reasons of shift operations, work scheduling or any other reason, the day will be added to the employee's vacation accrual. 3. If an. employee fails to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited. - ARTICLE XI -VACATIONS Section l. Each employee shall be entitled to an annual paid vacation, accrued as follows: (a} Less than four (4) years' continuous service--ten (10) working days per year. (b) Four (4) years continuous service _through eight (8) years continuous service-- fifteen (15} working days per year. (c) Nine (9) or more years• continuous service--twenty (20} working days per year. Employees may accrue up to three times their annual vacation leave without loss of vacatio~ 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 City 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 operation, there shall be no unreasonable restriction of increments of use. Employees shall C(Jllplete six (6) months' continuous service before using accrued vacation leave. Section 2. Holiday Falling During Vacation. In the event a fixed holiday as defined in Article X falls within an employee's vacation period, which would have excused the employee from work (and for which no other compensation fs made), an additional work day for such holiday shall be added to the vacation leave. Section 3. Illness During Vacation. When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any periods the employee shall have the period of illness charged against sf ck leave and not against vacation leave. Section 4. Vacation Benefits for Deceased lo ees. An employee who is eligible or vacat1on eave an o ies w i e n t 11a1n1c1pal service shall have the amount of any accrued vacation paid to his/her estate within thirty days. This proration will be ccwnputed at his/her last basic rate of pay. Section 5. Effect of Extended MH itar'f Leave. An employee who foterrupts service because of extended mf litary leave sha 1 be compensated for accrued vacation at the time the leave becomes effective. Section 6. Vacati_on at Tenninat1on. Employees leaving the municipal service with accrued vacation ·ieave shal 1 be paid the amounts of accrued vacat1on to the date of tenni nation. - • MEMORANDUM OF AGREEMENT Page Sixteen ARTICLE XII -LEAVE PROVISIONS Section 1. Sick Leave. {a) Tha City shall provide each employee with paid sick leave, earned on a daily basis and computed at the rate of 96 hours per year, with no limits on amounts that (b) {c) {d) may be accuri1ulated. Payment for accumulated sick leave at ten1ination shall be made only in the following circumstances: 1. Eligible employees who leave the municipal service or who die while employed and who have fifteen or more years of continuous service shall receive compensation for unused sick leave hours in a sum equal to two and one~half per_cent of their unused sick leave hours multiplied by their years o~ contin- uous service and their basic hourly rate of pay at tennination. 2. Full sick lea~e accrual will be paid in the event of tennination due to disabi 1 i ty. 3. Employees who retire from municipal service who have fifteen (15) or more years of continuous service may at their option convert all or a portion of their unused sick leave hours to paid City Employee Medical Plan premilmls for the employee only at the rate of one munth for every eight hours of sick leave accrued. This option is open only to employees who retire ~uring the life of this Agreement and who are covered by the City Employee Medical Plan or exercise their option to convert to the City Employee Medical Plan upon retirement. Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal Sickness or disability, medical or dental treatment. or as authorized for personal business. Up to five days sick leave per year may be used for illness in the innediate family. A new employee may, if necessary, use_up to forty-eight (48) hours of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of tennfnation. An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for pa)111ent under the long-tenn disability group insurance coverage and accrued sick leave benefits may,.at his/her option, choose·either to receive the long-tenn disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-tenn disability benefits. -. Sick leave will not be granted for illness occurring during any leave of absence unless the employee can demonstrate ttlat 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 iii employee by the head of his or her department in the event of death in the employee's inwnediate family. which fs defined for the purposes of th1s section as wife, husband, son, son-in-law, daughter, daughter-in-law, mother, mother-in-law, brother, brother- in-law, sister, sister-in-law, grandmother. grandmother-in-law, grandfather, grandfather- in-law, or a close relative residing in the household of the employee. Such leave shal 1 be at ful 1 pay and shall not be charged aga1".'st the employee•s accrued vacation/ or sick leave. Request for leave with pay 1n ex~ss of three (3) days shall b~ subject to the approval of the C1ty Manager. Approval of additional leave w11l be based on the circumstances of each request wfth conQ'fderatfon given to the employee•s need for - addf t1onal time. .. ., . MEMORANDUM OF AGREEMENT Page Seventeen Section 3. Military Leave. The provisions of the Military and Veterans Code of the State of California shall govern the granting of military leaves of absence and the rights of employees returning from such leaves. Section 4. Leave Without Pay. Leaves of absence without pay may be granted in cases of illness not covered by sick leave. in cases of personal emergencies or when such absences would not be contrary to the best interest of the City. In cases of unpaid medical leave of absence, the employee may elect to retain his/her accrued vacation credit for regular use after return to duty. Requests for leaves shall not be unreason- ably denied. · Section 5, Maternity Leave. An employee with at least six (6) months' service.may take up to one year's leave of absence for the purpose of childbirth and/or post-natal infant care. A physician shall verify the pregnancy at the City's request; The anployee must submit a physician's authorization including job restrictions, if any. Continued work and return to work shall be subject to any such restrictions. The employee may elect to use earned sick leave anJ vacation during the leave. Sick leave may not be used during the post-partum leave of absence unless medical complications preclude return to work, as authorized by the physician. No combination of maternity leave, sick leave and vacation may exceed one year total or six months' postpartum. Section 6. Jury Duty and Subpoenas. Employees required to report for jury duty or to answer subpoenas as a witness in behalf of the State of California or any of its 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 receiv·~d from such duties other than mileage or subsistence 3llowances within thirty (30) aays from the tennination of jury service. When an employee returns to complete a regular shift following ·time served on jury duty or as a witness, such time falling within the work shift shall be considered as time worked for purposes of shift completion and overtime computation. In detennining whether or not an employee shall return to his or her regular shift following perfonn- ance of the duties above, reasonable consideration shall be given to such factors as travel time and a period of rest. When a comb; nation of City work time and jury duty equals 14 or more hours in the 24- hour period inmediately prior to the employee•s shift starting time, the employee will be allowed a rest period of eight hours. fvly 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 emergency conditions are conditions involving real or potential loss of service or porperty or personal danger. Section 7. Time Off to Vote. Time off with pay to vote in any general or direct primary election shall be granted as provided 1n the State of california Elections Code, and notice that an employee desires such time off shall be g1ven in accordance with the provisions of said Code. · Section 8. Educational Leave and Tuition Reimbursement. (a) City will reimburse expenses fo~ tuition, books and curriculum fees incurred by employees within the representation unit, to a maxiRltm of $450 per fiscal year. for classes given by .accredfted institutions of learning or approved specialized MEMORANWM OF AGREEMENT Page Eighteen .. ·-(' training groups. Programs lllJSt either contribute to the anployee's job perfonn- ance or prepare the employee for other City positions, and ITllSt be approved in advance. City employees wishing to engage in educational programs involving . working time may be granted rescheduled time if departmental operations pennit. (b) Employees may request advance of funds subject to the approval of the Personnel Office. Advances may be granted for tuition, books and other curriculum fees in exchange for repayment agreement in the event advances are not supported or courses are not satisfactorily C(lftpleted as indicated. (c) Professional and technical emplo,19es assigned by the City to attend meetings, workshops~ or conventions of their professional or technical associations shall have their dues and reasonable expenses paid by the Ci\y and shall be allowed to attend such workshops, and meetings. and conventions on paid City time. Section 9. In case of disapproval of extension, .revocation or cancellation of an existing leave of absence, notice shall be sent to certified mail, return receipt requested. to the employee stating the date of such action, the reason and a specific date to return to work, which is not less than five working days from date indicated on return receipt. Section 10. Personal Business Leave Cha eable to Sick Leave~ All employees shall grante up to e g teen urs persona s1ness ea~e chargeable to sick leave. The scheduling of such leave is subject to the approval of the appropriate level of Management. APTICLE XIII -\KJRKERS' CCM>ENSATION INSURANCE Section 1. Industrial Temporary Oisab:i lity. (a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the first three (3) days following the date cf injury and thereafter shall be paid full base salary for a period not to exceed fifty-seven (57j calendar days, unless hospitalized, in which case eq>loyees shali be paid full base salary for a period not to exceed sixty (60) calendar days from date of injury. (b) For any tanporary disability continuing beyond the time limits set forth fo (a) above, employees shall be paid 65% of 95% of their full base salarJ at the time of injury for the duration of such tanporary disability in confonaance with the State law. (c) During the period of temporary disabil Hy, an anployee's e11gibil ity for heal th, dental t life, LTD, or other insured program will continue. Deductions for these programs must be authorized by the e11ployee. City contributions will COfttinue. In case of Subsection (a) above 1 the employee w111 continue to accrue vacation and $ick leave benefjts. In the case of Subsection (b), sick leave and vacation benefits shall not be accrued. •, .,. • MEMORANDUM OF AGREEMENi Page IHneteen that a public agency will make available to qualified injured workers such a rehabili- tation 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 pennanently disabled employee requests such rehabilitative benefits. the City will meet with the employee and Union representative or legal counsel if desired to consider foniwlation of an appropriate and reasonable program. ARTICLE XIV -BENEFIT PROGRAMS Section 1. Health Plan. The City shall pay all premium payments on behalf of employees whO are eligible for coverage under the health plans as desc~1bed in Subsection (a) ~nd (b). Any premium rate increases during the life of this Memorandum of Agreement shall be paid by the City. The following options will exist: {a) Employee and dependent coverage under the existing Kaiser Health Plan S Contract; {b) Employee and dependent coverage tnder the existing City of Palo Alto Employe~· Health Plan with major medical maximum of $250,000. Section 2. Dental Plan. The City shall pay all premium pa,yments on be~alf of employees who are eligible for coverage under the existing California Dental Service dental insurance plan or the equivalent benefits under a self-insured program. except that employees will pay the following amounts for dependent coverage: One Dependent Tw or More Dependents $ 6.05 per month $13.85 per month The City sh~ll assUCJe any premium rate increase in existing employee and dependent dental coverage. Section 3. Basic Life Insurance. The City agrees to continue the basic life insurance plan as currentiy in effect for the tenn of this Memorandum of Agreement. Section 4. Deferred Canpensation. The City shall make available the necessary pay- roll aedilct1on and otherprocediires to provide a deferred canpensation plan. Section 5. Lonf Term Disabilitl_. The City agrees to continue, at euplQYee cost, the long tent a sa6'111ty insurance as currently fn effect for the term of this Menor- andum of A9reanent. For those employees without eligible de~ndents. the City will pay up to $8 per month toward long term disability insurance premii.ans. ARTICLE XV -RETIREMENT The City w111 continue the present benefits under the Public: Eniployees' ~'?tfrement Systan l/50th at Agtt 60 ForRJla.Act. Retired employees and spouses of aeceased employees shall continue reductions in utility rates and shall also have residential privileges at City libraries and refuse disposal area. MEMORANDUM OF AGREEMENT Page Twenty ARTICLE XVI -PARKING .. The City shall provide all employees within the representation u~it parking privileges in the Civic Center garage at no cost to such employees. The City will provide bicycle lockers and motorcycle parking areas for City employees at mutually agreeable work locations. ARTICLE XVII -PHYSICAL EXlfil~TIONS If any non-probationary employee who is required to have a City-provided physical examination not related to workers• compensation programs disagrees with the findings of the City-sponsored physician, he/she may consult with his/her own physician and, if his/her private physician's report conflicts with that of the City physician in tenns of ability to work at his/her regular job, then he/she may 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 sh~red and the decision of this physician concerning t~e continuing ability of the anployee to perfonn his/her work in his/her regular job without exposing hiffiself/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 Section 1. Health and Safe~ Provisions. The City shall furnish and use safety devfces arid safeguards arid sall adOpt and use practices, means. methods. operations and processes which are reasonably adequate to render such employment and place of employment safe, in confonnance with applicable safety regulations under the State Labor Code sections. The City shall not requirP. or permit any employee to go into or be in any employment or place of employment which is not safe. Section 2. Union will coope~ate with the City by encouraging al 1 employees to per- fonn their work in a safe maMer. Sec ti on 3. safety C:0-1 ttees and 01 SP'ltes. {a) In: Civic Center soc.:ial and Comnun1ty Services Public Works, Streets Public Works, Parks Water·Gas-Sewer Field Operations Electrical Field Operations water Qu.al 1ty Control 8tJild1ng Maintenance EquiJ88nt Ma1ntenance- Bu11d1ng Services ,• .. . ,. MEMORANDUM OF AGREEMENT Page Twenty-One Safety comnittees composed of management and Union Stewards w111 meet no less than ten times annually to discuss safety practices~ methods of reducing hazards, and safety training. ·fhis shall in no way remove the basic responsibility of safety from the supervisors nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and iT1111ediately to his or her super- vhor. (b) A City-wide Union-Management safety comnittee with equal Union and Management membership with representatives from a11 of the major segments of the City will meet no less than ten times annually to establish and review safety and occupa- tional health standards and practices, p~riodically inspect all City facilities, discuss overall City safety and health problems, and to act as an advisory group to the departmental safety c01111littees. The comnittee shall review all departmental safety programs and recomnend changes where necessary. {c) In cases of dispute ·over safe working conditions the enployee will first report such unsafe conditions to his or her supervisor and every attempt will be made to rectify the problem at this level. The employee may contact his or her Steward to assist in the resolution of the dispute. If the problem cannot bEiresolved the Administrator of Safety will be contacted and the problem will be addressed through the interpretation of the basic safety rules and regulations. Should ~he pro~lem not be resolved at this step, the grievance procedure will be utilized. Safety grievances shall be submitted at Step Ill. ARTICLE XIX -GRIEVANCE PROCEDURE Section l. The City and the Union recognize that ea;·ly settlement of grievances is essential to sound employee-employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or Union grievances as provided for below. In presenting a grievance, the aggrieved and/or his or her representative is assured freedom from.restraint, interferrence, coercion. discrimination or reprisal. Release t1me for investigation and pr~cessing a grievance is designated in Article IV of this Manorandum of Agreement. Section 2. Definition. A grievance is: (a) An unresolved complaint or dispute regarding the application or interpretation of rules, regulations, policies. procedures, Menoranda of Agreements or City ordi- nances or resolutions, relating to terms or conditions of employment, wages or fringe benefits. (b) An appeal from a disciplinary action of any kfnd aga1~st an employee covered by this Memorandum of Agreement. ·· Section 3. Conduct of Grievance Procedure. (a) An aggrieved employee ma.y be represented by the Unf on or may represent him or herself in preparing and presenting a grievance at any~level of review. Grievances may also be presented by a group of employees. No grievance settlement may be made 1n v1o1ation of an existing merit rule or mmorandum of agrl!elllent. The Union will be not;fied prior to the 1mplementat1on of any settlement made which affects the rights or conditions nf other employees ntpresented by the Union. MEMORANDUM OF AGREEMENT Page Twenty-Two (b) An employee and the representative Steward, if any, may use a reasonable amount of work tfme so long as there is no disruption of work. in conferring about and presenting a grievance. Beginning 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 hearings. {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 within a stipulated time limit, the aggrieved employee may i11111ediately appeal to the next step. {e) The grievance may be considered settled if the decision of any step is not appealed within the specified time limit. (f} If appropr1ate, the aggrieved employee(s) or the Union and the department head may mutually agree to waive Step I and/or Step II of the grievance procedure. (g) Written grievances shall be submitted on fonns provided by the City or on fonns which are mutually agreeable to the City and the Union. {h) Any retroactivity on monetary grievances shall be limited to the date of occurrence except in no case will retroactivfty be granted prior to three months before the grievance was filed in writing. {i) If the grievance is filed by more than one employee in the bargaining unit, the Union may, at its option, convert it to a Union grievance after Step II of the grievance procedure. The Union may also file a grievance in those instances when, under this Memorandum of Agreement, a Union right not directly related to an individual employee becomes the subject of dispute. Union grievances shall comply with all of the foregoing provisions and procedures. Section 4. Grievance Procedure. Step I. The aggrieved employee will first attempt to resolve the grievance through infonnal discussions with his or her imnediate supervisor by the end of the tenth working day following the discovery of or the incident upon which the grievance is based. Every attanpt will be made to settle the issue at this level. (Note: For , ;>Urposes of time 11111 ts, the working days are cons 1 dered to be Monday through Fri days exclusive of City holidays.) Stef II. If the grievance is not resolved through the informal discussion, the employee Wf l ri<Juce the grievance to writing and submit copies to the division head or equiv- alent level Management anployee as designated by Management as appropriate within ten working da.ys of the discussion with the inmediate supervisor. The division head or equivalent level Managmtent •loyee shal 1 have ten working days from the receipt of a written grievance to review the matter and prepare a written statement. Step III. If the grievance is not resolved at Step II• the aggrieved employee may appeal to his or her department head 1n writing within ten working days of the receipt of the division head's response. .. . . . .. • MEMORANDUM OF AGREEMENT Page Twenty-Three _The department head shall have ten working days from the receipt of a written grievance to review the matter and convey his or her decision by written statement. Step IV. If the grievance is not resolved at Step III, the aggrieved employee may appeal to an Adjustment Board. Appeals to the Adjustment Board shall be made in writing and directed to the Personnel Director within ten working days of receipt of the department head 1s response. The Personnel Director shall convene an Adjustn:ent Board within ten working days of receipt of the appeal. The Adjustment Board shall consist of two persons appointed by the Union and two persons appointed by the City Manager. · · The Adjustment Board is empowered to call City employees as witnesses. Within the context of Step IV, the Adjustment BQard will have the same powers and limitations to settle grievances as an arbitrator. A majority decision of the Adjustment Board shall be final and binding. The Adjustment Board shall render its findings and decisions (if any) to the parties within ten working days of its meeting. Step V. If the grievance is not resolved at Step IV, the aggrieved employee may choose between final and binding resolution of the grievance through appeal to the City Manager or through appeal to final and binding grievance arbitration. For the tenn of this Memorandllll of Agreement, appeals to final and binding_ grievance arbitration may be processed only with Union approval. All Step V appeals must be filed in writing at the Personnel Department Office within ten working days of receipt of the Adjus'bnent Board's disposition under Step IV. If the aggrieved employee elects final and binding resolution by the City Manager, the City Manager wi 11 choose the methods he or she considers appropriate to review_ and settle the grievance. The City Manager shall render a written decision to all parties directly inv~lved within ten working days after receiving the employee's appeal. If the aggrieved employee elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service, or from the American Arbitration Associa- tion if either party obje<:ts to the State Conciliation Service, and select an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and authority only to 1nterpret 9 apply, or detennine compliance with the provisions of this Memorandum of Agree11ent and such Merit System Rules, regulations. policies, procedures, City ordinances, resolutions relating to terms or conditions of 9'>1o,yment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: 1. Regarding matters of. interest. 2. Contrary to. or inconsistent with or modifying in any way, the tenns of this MemorandUlll of Agreement. 3. Gra11ting any wage increases or decreases. MEMORANDUM OF AGREEMENT Page Twenty·Four Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arb1trability shall first be decided by the arbitrator using the standards and criteria set forth in Article XX and without regard to the merits of the grievance. If the issue is held to be arbitrable, the arbitration proceedings will be recessed •..f" •• for up to five working days during which the parties shall attempt to resolve the griev~ ancf. If no resolution is reached, the arbitrator will resume the hearing and hear and reso 1 ve t'ie issue on the merits. · ARTICLE XXI -UNSATISFACTORY WORK OR CONDUCT ANO DISCIPLINARY ACTION The City has the right 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, demotion, or discharge will be given a written noti- fication of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion 9 or discharge. · - Notice of disciplinary action must be in writing and served on the employee in person or by registered mail prior to the disciplinary action becoming effective. However, the employee may be removed from pay status illlnediately pending such disciplinary action. The notice must be filed on a timely basis with the Personnel Depat'tmeni; and included in the employee's personnel file. The notice of disciplinary action 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 language of the act or the omissions upon which the causes are based; · (e) Statement advising the anployee of his/her right to appeal from such action, and the right to Union representation. If the disciplinary action consists of suspension. any suspension ti111e previously given shall be credited to the final disciplinary action. ARTICLE XXII -NO ABROGATION OF RIGHTS The parties ackriowledge that Man~nt rights as indicated in Section 12070 of the Merit Syi;,:t~ lb~~es and Regulations and all applicable State laws are neither abrogated nor made subject to neqoti ation by adoption of this Memor~'ll of Agreement. ARTICLE XX!II -OUTSIDE EMPLOYMENT The provisions of Article 4.7 of the Government Code of the State of California will govern the dete~inatfon of 1ncQllPat1ble outside eiaplO)Went. .. " •: I - MEMORANDUM OF AGREEMENT Page Twenty-Five ARTICLE XXIV -WORK STOPPAGE ANO LOCKOUTS The City agrees that it will not lock out employees and the Union agrees that it will _ not engage in any concerted work stoppage or slowdown during the term of this Menorandum of Agreement. An employee shall not have the right to recognize the picket line of a labor organization when perfonning duties of an emergency nature. ARTICLE XXV -PROVISIONS OF THE-LAW This Memorandum of Agreement is subject to all current and future applicable Feder~l and State laws and Federal and State regulations and the Charter of the City of Palo Alto and the Constitution of the State of California, Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation, such invalidation of such part or portion of this Memorandum 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. - 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 to employees assigned to the SEIU unit, this Memorandum of Agreement shall prevail over any conflicting Merit Rules and Regulations. The City and the Union agree by signing this Menorandwn of Agl"eeinent that the wages, hours, rights and working conditions contained herein shall be continued in full force during the tenn of this Memorandum of Agreement except as other wise provided for in the Memorandlln 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. ARTICLE XXVI -CLASSIFICATION STUDIES Section 1. The City agrees to complete a study of casual classifications by October 1, 1975. The purpose of the study is to: 1. Review the City policy on the use of contract employees, part-time, casual, and special employees and make recoomendations for policy improvements. 2. Inventory the f,f.-sit1ons affected by the pol icy and develop implementation recOfllJlendations in time for fnclus1on in the 1976-77 budge~ proposals. The study task fore~ will include one mutually agreeable casual employee. No later than November 1. 1975 1 the City and the Union will meet to review the study · findings and· reconr-!ndations. Any part-time or fut 1-time regular positions which arise from this study which are the smne as or similar to classifications in the SEIU unit will become part of the SEIU unit upon thetr inclusion in the budget. MEMORANDUM OF AGREEMENT Page Twenty-Six :.• .. Section 2. The City agrees to complete a classification study during the tenn of this agreement which will include the Librarian professional and p~raprofessional ·series and th~·water-Gas-Sewer lnstallatton and Repair series. ARTICLE XXVII -RETIJRN TO WORK PROVISIONS Section 1. The City shall not discriminate against any employee because of withholding of services in support of the strike beginning July 1. 1975 and ending July 23, 1975. This does not limit the right of the City to take criminal and/or disciplinary action in cases involving individual criminal violations. The·City agrees that prior to taking any action referred to above, it will inform and discuss the case with the Union. Section 2. The Union shall not discriminate agains~ or take disciplinary action or levy fines against any member or unit employee because of failure to withhold services during the strike. The Union shall not be precluded from establishing its own rules with respect to acquisition or retention of membership. Section 3. Vacation accrual, sick leave accrual, and Annual Adjustment credit will not be received for pay periods during the strike during which no pay was received. Section 4. Sick leave pay for June 18, 1975 will be paid to eligible employees who present a bona .fide written doctor's verification of illness to the City Personnel Office. Such statements will be subject to verification. Grievances regarding sick pay for June 18, 1975 will be limited to disputes over verifi- cation of doctor•s statements. Section 5. Employees may apply for and receive vacation pay for accrued vacation taken during the period of the strike so long as such vacation was scheduled and approved by Management prior to June 17, 1975. Vacation scheduled and approved by Management prior to the strike for a period following the strike may be taken unless operational necessity requires rescheduling, Section 6. The City Controller will make reasonable billing arrangements for employees who owe premium balances on employee paid dental, life, or LTD programs for the period of the strike. Such premiums must be paid by the employees according to the schedule. The City wnl pay City contributions for medical, dental, LTD 1_ '.'nd 1 ife programs for eligible and enrolled employees during the period of the strikt5, Section 7. Employees are expected to report to work for the first scheduled shift after membership rat1f1catior. of the agreement, but in no case later than the first scheduled shift beginning after 12:00 midnight Sunday, July 27, 1975. ARTICLE XXYIII -TERM The tenn of this Memorandum of Agreement shall comnence on July 1, 1975 and shall expire on March 31, 1977. except, however, either party may serve written notice upon the other party during the period between ninety and sbty days prior to March 31, 197.7 of its desire to amend th1s Manorandum of Agreement. If. at the time this Memorandum of Agree· ment would otherwise terminate, the parties are negotiating a new Memorandum of Agree- ment, upon mutua 1 agreenent the terms and conditions of this Memorandum of Agreement shall continue 1n effect. . · - •.· Executed: July 29, 1975 MEMORANOOM OF AGREEMENT P.age Twenty-Seven FOR LOCAL 715A, SEIU, AFL-CIO, CLC .... .... e ft I . ': MEMORANDUM OF AGREEMENT APPENDIX A CLASS APPROXIMATE MONTHLY SALARY AT E-STEP NUMBER TITLE 7/20/75 351 ADM ZONING 1769 701 ADKIN ASST 15ltlt 355 ANAL TRAFFIC HOVEMNT 1483 277 ANIMAL ATTENDENT 910 . 276 .AN I HAL CONTRQL OFF . 1048 333 ASSOC ENGINEER 1388 353 ASSOC PLANNER 1516 249 ASST STOREKEEPER 989 382 AUTO SERVICE HECH 1159 383 AUTO SERVICEPERSON 1097 242 BICYCLE TECHNICIAN 932 300 BLDG INSPECTOR 1452 373 BLDG HAINT PERSON-L 1353 30Je BLDG PLANS CHECKER . 1565 370 BLDG SERVICEPERSON 981 371 BLDG SERVICEPERSON-L 1048 21f6 BUYER 1388 536 CATHODIC TECH 1la05 408 CEMENT FINISHER 1180 ·4o9 CEMENT FINISHER LEAD ·' 1267 502 CHEMIST \IClC 1s~n 537 CHIEF METERPERSON 1412 506 CHIEF OPER woe 1357 283 CHIEF PARK RANGER 1256 247 CHIEF STOREKEEPER . 1157 301 CITYORO COMP INSP 1350 279 CLINIC ASST 880 204 CNTRL/ACCT CLERK A 1029 205 CNTRL/ACCT CLERK 8 899 306 COHMUN TECH 1435 236 COMMUNICATOR 1170 237 COHMUNICATOR-LEAD 12lt9 226 COMP OPER·PROGRAMKER 121t6 227 COHPUTER OPER A 1'05 -e Pag~ Two •. f . .. MEMORAMOUM OF AGREEMENT ' APPENDIX A CLASS APPROXIMATE MONTHLY SALARY AT £-STEP NtMBER TITLE 7/20/75 267 COORD REC PROGRAM 1435 272 COORD SR ADULT SVCS 1306 310 COST ESTIMATOR 1456 218 -CUST SERVICE CLERK 925 316 DESIGN TECH ELECT 1332 319 DESIGNER TECHNICIAN 1369 534 DRIVER GROUNDPERSON 1154 1100 DUMP TR~CK DRIVER 1079 307 ELEC SYS DISPATCHER 1457 302 ELEC UNDGRNO INSP 1471 3i5 ELECT MAP DRAFTSPERS 1189 533 ELECTRICAL ASST 1209 530 ELECTRICIAN 1405 535 . £LECTR IC I A. .. -l 1501 330 ENGINEER 1575 323 ENGINEERING ASST 1223 356 EMVlkONKENTAL SPEC 1657 396 EQUIPHENT OP 1157 374 FACILITIES CARPENTER 1267 375 FACILITIES ELECT 1267 376 FACILITIES KECH 1267 377 FACILITIES PAINTER 1267 212 FILE CLERK A 838 211 F~LE CLERK B 755 1'58 GANG MOWER OPER 1062 U9 &AS SYS FIELD REPAIR ·1197. lt88 GASKETER REPAIR 1187 200 GENERAL CLERK A 994 201 GENERAL CLERK B 908 202 GENERAL CLERK C 838 lt59 GOLF COR MAINT ASST 1048 391t GRADER OPERATOR 1239 395 &RADER OPERATOR-L 1327 457 GREENS KEEPER 1261 lt52 GROUNDS KEEPER 1019 .... • " e ' " •MOORANDUM OF AGREEMENT ~age Three 'APPENDIX A ·CLASS 'APPROXIMATE MONTHLY SALARY AT E-STEP NUMBER I TITLE . 7/20/75 391 HEAVY EQP OPER-LEAD 1301 390 HEAVY EQUIP OP 1220 305 HOUSING INSPECTOR 1436 312 ILLUS/DRAFTSPERSON 1388 303 INSPECTOR-PW 1618 268 INST ARTS/CRAFTS 1272 I; 322 INSTRUHENTPERSON 1334 281t JR MUSEUM ZOO ATTD 1041 225 KEY PUNCH OP A 908 229. KEY PUNCH OP CHIEF 970 503 LABORATORY TECH WQ.C 1280 450 LANDSCAPE GARDNER 1107 lt10 LEAF TRUCK OPER 1093 222 . L.EGAL SECRETARY 1105 253 LIBRARIAN ASSISTANT 859 252 LIBRARIAN ASSOCIATE 925 ·251 LIBRARIAN GENERAL 1159 532 LINEPER/CABLE SPL-L 1501 531 LINEPER/CABLE SPLICE 1405 213 HAIL CLERK . 778 505 HAINT MECH WQC 1211 314 HAP/CHART DRAFTSPERS 1209 393 MECH SWEEPER OP 1079 lt90 HECH UNIT REPAIR 1180 241 HETER READER 1057 381 MOTOR EQUIP MCH-LEAD 1353 380 MOTOR EQUIP MECH 1267 217 MTST OPERATOR 929 282 NATURALIST 1258 230 OFFSET DUPL HACH OP 963 397 Oil TRUCK OP 1105 398 OIL TRUCK OP-LEAD 1180 24lt OVERNIGHT PARK MONTR . 102? lt51t PARK HA I NT ASST 994 e , MEMORANDUM OF AGREEMENT Page Four' . "' , Af!>ENDIX A eLASS APPROXIMATE MONTHLY SALARY AT E·STEP NUMBER -TITLE 7/20/75 1t51 PARK MAINTENANCE 1116 281 PARK RANGER 1133 21*3 PARKING HON ITOR 955 321 PARTY CHIEF 1464 352 PLANNER 1622 318 PLANNING DEV ANALYST -1336 207 POLICE CLERK A 994 208 POLICE CLERK B 908 209 POLICE CLERK C 838 210 POLICE DESK CLERK 994 271 PR+PROH COORD-ARTS 1386 203 PRIN CONTROL CLERK 1088 269 PRIN PROD-ART PROG 1386 332 PRINCIPAL ENGINEER 1922 350 PRINCIPAL PLANNER 1757 270 PRODUCER ARTS PROG 1272 232 PROGRAM ANALYST 1613 231 PROGRAMMER B 1348 "17 PUBLIC WORKS TRAINEE 752 311 PW DRAFTSPERSON 1126 . 703 REAL PROPERTY ASST 1222 "1 It . REFUSE DISP ATTED 1029 ltlS ROADSIDE HAINT PERS 1U12 416 SAF LIT + BARR SET 1048 220 SECRETARY A 1048 221 SECRETARY !3 970 lt12 SIGN FAB+TRAF PAINTER 1180 lt61 SPRINKLER SYS REPR 1135 504 SR MECH WQC 1357 538 ST LIGHT REPLACEMENT 1201 "405 ST HAINT ASST 994 399 ST HAINT TRUCK OP 1079 392 ST SWEEPER OP 1168 248 STOREKEEPER 1057 •r I e e ~ " MEMORANDUM OF AGREEMENT Page Five . . • APPENDIX A • CLASS APPROXIMATE MONTHLY SALARY AT E-STEP ·NUMBER TITLE 7120/75 256 SUPV CATALOGING 1301 257 SUPV CHILORENS LIB 1301 258 SUPV COLLEGE TERR LI 1301 317 SUPV DESIGN+DRAFT 1586 259 SUPV DOWNTOWN LIB 1301 266 SUPV GENERAL REC ·1397 260 SUPV LIBRARY CIRC 1150 254 SUPV HAIN LIBRARY 1410 255 SUPV MITCHELL PK LIB 1393 273 SUPV RECREATION 1175 491 TOOL ROOM ASST 1015 539 TRAF SIGN PAINT-LAKP 1085 406 TRAFFIC LANE PAINTER 1180 407 TRAFFIC LANE PTR-L 1267 435 TREE HAINT ASST 1020 434 TREE MAINT PERSON 1123 436 TREE SPRAY ASST 1064 lt30 TREE TRIM/LINE CLEAR 1178 1t31 TREE TRIH/LINE CLR-L 1261 lt33 TREE TRIH/HAINT HELP 994 . 432 TREE TRH/LN CLR ASST 1105 215 TYPIST CLERK B 833 223 UllL PLT ACCT SECTY 1105 492 UTILITIES TRAINEE 816 486 UTILITY SERVICEPERS 1237 278 VETERINARIAN AIDE 880 274 VOLUNTEER COORD 726 308 w+G TELEMETER TECH 1426 lt84 WATER HETER REPAIR 1187 lt60 WATER TRUCK OP 1168 lfBl WG~ INSTALL REP ASST 1079 483 WGS INSTALL REPR HEL 970 4~0 WGS INSTALL + REPAIR 1197 485 WTR METER EXCH PERS 1085 soo WTR QUAL CTL PLT OP 1211 507 WTR TRANSK OPER 981 508 WTR JAAN OP TRAINEE 1197 .