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HomeMy WebLinkAboutRESO 5389• • ORIGINAL RESOLUTION NO. ~ilo RESOLUTION OF THE COUNCIL OF~ CITY OF PALO ALTO AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES ANO REGULATIONS The council of the City of Palo Alto doe~ RESOLVE as fol- lows a SECTION 1. Section 1401 of the Merit system Rules and Regulations is amended to read as follows: "1401. Memorandum of a reement incor orated by reference. a certain memoran um o agree- R"ent, dated April 13, 1977, by and between the City of Palo Alto and Local 7_15A, SEIU, AFL-CIO, CLC~ ~onsisting of a Prealiible and Articles I through XXV with five appendices attached thereto and incorporated therein for a term commencing April l, 1977, and expirinq March 31, 1979,-is hereby incor- porated into these Merit System Rules ·and Regula- tions by reference as though fully set forth herein. Said memorandum shall apply to all employees in classifications represented by said Local 71SA, SEIO, AFL-CIO, CLC, except where specifically provided otherwise hereino "In 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 resolution shall not affect ::i.ny right established or accrued, or any offense or act committed, or any penalty or forfeiture incurred, or any prose- cution, 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 assess- ment is necessaryo INTRODUCED AND PASSED: April 18, 1977 AYES: Bea.hrs, carey, Clay, Comstock, Byerly, Norton, Sher, Witherspoon NOES: None ABSTENTIONS: None ABSENT: Berwal.d citycoiitroiier APPROVED: , ~.,~ _ or _ ) • I • 1977 -197f; MEMORANDUM OF AGR!:EMENT City of Palo Alto and Local 715A, SEIU, AFL-CI~. CLC PREAMBLE This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter referred to as the City) and Local 7l5A Service Employees International Union, AFL-CIO, CLC (hereinafter referred to as the Union). Employee. for the purposes of this Mem~randum of Agreement. shall mean an employee assigned to a classifica- tion within the SEIU unit. This Memorandum of Agreement 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 ~ RECOGNITION section 1. Pursuant to Sections 3500 -3510 of the Gcvernment Code of the State of talfforr.ia and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes the Union as the exciusive 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 will perform the work of an employee in the SEIU unit pro- vided that there is an employee available who regularly perfonns 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 mutual agreement ~f the Union and the department involved, other arrangements may be mad~_regarding the eight mile radius. · ' ARTICLE II -NO DISCRIMINATION Section 1.-The City and the Union agree that no person employed by or applying for employment hereto shall be discriminated against because of race, religion, creed, political affiliation, color, national origin, ancestry, union activity. age, sexual preference, or se~ unless sex is a bona fide occupational qualification 3S defined in Federal or State law. Section 2. The City and the Union agree to protect the rights of all employees to exercise 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 Union will cooper~te in pursuing a policy of affinnative act1on. Any City established advisory employee corrmittee relating to affinnative action shall provide fair Union representation on that c011111ittee. ARTICLE II! -UNIOH SECURITY -Section 1. When a person is hired in any of the covered job classifications, the , ' ' ' • 1977 -1976' MEMORANDUM OF AGR~EMENT City of Palo Alto and Local 715A, SEIU, AFL-C!0, CLC PREAMBLE This Memorandurn 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). Employee, for the purposes of this Memorandum of Agreement~ shall mean an employee assigned to a classifica- tion within the SEIU unit. This ~·!emorandum of Agreement. is pursuant and subject to Sections 3500 -3510 of the Go':ernment Code of the State of Cal ifomia 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 Gcvernment Code of the State of ca1ifornia 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 will perform the work of an ernpJoyee in the SEIU unit pro-vided that there is an empioyee available who regularly perfonns such work. This does not preclude a supervisor from perfo'r"ming 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 mutual agreement of th~ Union and the department involved~ other arrangements may be made regarding the eight mile radius. · ART~CLE II -NO DISCRIMINATION Section 1. The City and the Union agree that no person employed by or applying for employment hereto shall be discriminated against because of race, r~ligion, creed, political afffliatfon, color, national origin, ancestry, union activity, age3 sexual preference, or sex unless sex is a bona fide occupational qualific~tion as defined in Federal or State law. Section 2. The City and the Union agree to protect t~e rights of all employees to exercise their free choice to join the ~nion and to abide by the express provisions of applicable State and local laws. · . Section 3. The City and the Union will cooper~te in pursuing a policy of affirmative action. Any City established advisory employee COPITiittee relating to affinllative action shall provide fair Union representation en that committee. ARTICLE Ill -UNION SECURITY Section 1. When a person is hired in any of the covered job classifications, the MEMORANDUM OF AGREEMENT e Page 2 , -f C1ty shall notify that person that the Union is the recognized bargaining repre- sentative for the employee in said Uriit and give the employee a current copy of the Metr.orandum of Agreement. Section 2. Maintenar.ce of Mem~rship. Alt Union members on payroll deduction for payment of Union dues on the day of the signing of this Memorandum of Agreement r.iust 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 estdblish dues ~ayroll deduction during the tenn of the 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 ~nit. Union members on dues payroll deduction may declare their intention to terminate such payroll deduction following expiration of this Memorandum of Agreement during the 30-day period bet1ot1een 60 and 90 days prior to expiration of the Memorcndum of Agreement. Section 3. The City shall supply the Union with a monthly computer run of the names, addresses and classifications of all unit employees except those who file written notice with the Personnel Department objecting to release of address. Names, addresses and classes of new unit employees wil1 be transmitted to t~e Union unless the employee objects in writing to release of address, in which case infonnation will be trans-mitted without address. Section 4. Payroll Deduction. The City shall deduct Union membership dues and any _ other mutually agreed upo~ 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 remit the deducted dues to the Union as soon as possible after deduction. Section 5. Bulletin Boards and Departmental Mail. The Union shall have access to inter-office mail, existing bulletin boards in·unit employee work areas. and existing Union-paid telephone answering device for the purpose of posting, transmitting. or distributing notice 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 approval of the Personnel Office. Action on approval will be taken within 24 hours of submission. · Section 6. Access to Union Representatives. Representatives of the Union are authOrized access to City work locations for 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 representative 111Jst notify the Personnel Department Office prior to entering the work location. Section 7. Meeting Places. The Union shali have the right to reserve City meeting arid ·conference rooms for use du_ring lunch periods or other non-working hours. Such _meeting places will be made available in conformity with City's regulations and subject to the 1 imitations of prior COIJllitment. ' MEl'fORANDUM OF AGREEMEN~ Page 3 ·e Section 8. Notification to the Un;on. The Union shall be informed in ad\ -,nee in writing by Management before any proposed changes not covered by this Memorandum of Agreement are made in benefits, working conditions, or other terms and conditions of employment which require meet and confer or meet and consult process. Section 9. Union Logo. All materials and documents produced on Itek and metal plates, by the City print and 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 cf Personnel of those individuals designated as Union officers and stewards who receive and investigate grievances and represent empioyees before Management. Alternates may be designated to perfonn steward functions during the absences or unavailability of the steward. Section 2. The number of stewards designated by the Union at a given time 5hal1 not exceed twenty-five (25). Section 3. It is agreed that, as long as there is no disruption of work, stewards shall be allowed reasonable release time away from their work duties, without loss of pay, to act in representing a unit employee or employees on grievances or matters 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 Management. c. Investigation and preparation of grievances. Grievances may be transmitted on City time. All steward rel;ase time shall be reported on time cards. Section 4. The Union agrees that the steward shall give advance notification to . his/her supervisor before leaving 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 release 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 car(is. Se~tion 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 provide locker space for storage_ of Union materials. ---. ____________________________________ ... MEMORANDUM OF AGREEMENT ~ .im.. Page 4 -.r .., ARTICLE V -REDUCTlON IN FORCE ' • Section 1. In the event of reductions in for~e, they shall be accomplished wherever possib1e through attrition. Section 2. If the work force 1s reduced within a department, division, or office for reasons of change in duties or organization, abolition of position, shortage of . work or funds, or completion of work, employees.with the shorte~t length of service will be laid off first so long as employees retained are fully qualified, trained, and capable of perfonning remaining work. Length of service for the purpose of-this article will be based on total City service in a regular classification o.r classifi- cations. Employees laid off riue to the above reasons wiil 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 requisitioned and fer 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 to the step in the new classification salary range closest to the anployee's salary range at the time of re-classification • . Section 3. Employees ide:1tified for layoff who have seniority (bumping) rights to equal or lower paying classifications within their division must declare their intention to exercise these rights at least 25 days prior to layoff, otherwise bump'ing rights will automatically tenninate. Bumping shall not occur outside the division except that employees subject to layoff who during the 24-month period imnediately previous to the layoff date held other classes anywhere in the repre- sentation unit shall be allowed to exercise seniority to bump employees in such other classes.-To successf1llly bump, the employee must be fully qualified, trained and capable of perfonning an work in the new classification. An employee who deciares bumping rights may not also claim priority employment rights. Section 4. Re-Employment List. The names of perso~s laid off or who through bumping changed classification in accordance with the provisions of this article shall be entered upon a re-employment list in seniority order. The person with the highest seniority on a division re-employment list for a particular classifi- cation when a vacancy exists in that classification in that division shall be offered the appointment. No name shall be carried on a re-employment list for a period longer than two (2} years from the date.of separation from City service or change of classification through bumping. Section 5. If, pursuant to Section 2, the City is unable to offer a regular or casual position 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 priot· to tennination. Section 6. Employees laid off pursuant to Section 2 who are reinstated to a regular position 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 reinstatement the employee 1 s hire date of record at the time of layoff wH 1 be reinstated •. ARTICLE VI -PERSONNEL ACTIONS Section 1. Probation. Each new regular or part-time employee shall serve a proba- t1onary period of six (6) months. conmencing with the first day of his/her e~loyment. The probationary period st!lll be regarded as a part of the testing process and shall be utilized for closely observing the employee 1s work. for securing the effective adjustment of a new employee to his/her position, and for rejecting any probationary · emp 1 oyee whose perfonnance does not meet the acceptab 1 e standards of work. MQK)RANDUM OF AGREEMENre • Pag'e 5 In the event of termination prior to successful comple~;ion of the probationary per1od, such terminated employee shall be given written notic~ of hfs/ht'"r termination w1th the reasons for the termination stated therein. The Personnel Oepartment shall, upon request, afford an interview in a timely fashion to the terminated employee for dis- cussion of the reasons for termination.· The employee may, upon request, be accom- panied by a Union representative. The interview shall not be deemed a hearing nor shall it obligate the City to reconsider or alter the termination ~ction. The parties agree that probationary employees shall have all rights under this Mem- orandum of Agreement, including full and complete access to the grievance procedure, save and except for instances of suspension, demotion or termination. Section 2. Personnel Evaluations. Personnel evaluations will. be given employees as scheduled by Management. Personnel evaluations are not appealable through the grievance procedure but, in 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 appeal shall be made in writing within ten working days following the review meeting. Section 3. Personnel Files. Records of all disciplinary actions shall be kept in the central personnel file. 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 repre- sentatives. An employee or the Union shall be allowed, upon reasonable request, copies of materials in an employee's personnel file relating to a grievance. Records of disciplinary actions shall be removed from a personnel file upon written request by the employee after a period of three years, or sooner as mutually agreed by Management and the employee. Section 4. Release of Information. The City will ~nly release infonnation to -Creditors or other persons upon proper identification of the inquirer and a~ceptable reasons for the inquiry. Infonnation ther. given from personnel files is limited to verification of employment, length of employment and verification and disclosure of salary range infonnation. Release of more specific infonnation may be authorized by the employee. Section 5. Promotional Opportunities (a) Postinq Promotional opportunities for classifications within the represent~.t:fn 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 candidt'tes 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 w111 be detennined and administered by the Personnel Department in consultation with the requisitioriing ·MEMORANDUM OF AGRE~ENT. Page 6 I t department. Selection procedure and job description information will be avail- able at the Per~onnel Office at the t;me of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appro- priate~ ~ny te~ts used shall be reasonably predictive of success in the tlassifiGation,,and-tests may not b~ biased-with respect, to race, sext religion, creed. poi1tica1 affili~tjont color, national orir1n, 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 fonns specified by the Personnel Department. Applications must be submitted to the Personnel Office. (2) Screening. Applications will be screened by the Personnel Department to ascertain whether candidates meet minimum requirements as outlined in the job description. (3) Perfonnance Testing. Perfcnnance tests, such as typing, machinery or vehicle operation, skills demonstration, physical agility, etc., will be qualifying. Pass-fail points will be announced in advance for qualifying tests. (4) Written Tests. Written achievement or aptitude tests will be qualifying. Pass-fail points will.be announced in advance for qualifying tests. (5) Interviews, Appraisals. Intervfews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed of qualified and unoias~d people. Where interview boards are used, Manage- ment will include at least one bargaining unit employee on each board. If · individual interviews or an interview board is used, a majority of the indi- viduals or board members must recomiend a candidate in order for the candi- date to qualify for appointment. Performance appraisals written by candi- dates• supervisors may be used as indicated in the selection procedure. (c) Recomnended Candidates Candidates who successfully complete all phases of the selection procedure will be recomnended to the appointing authority. The Personnel Department shal 1 maintain lists of employees who are quaiified for the following unit classifications: General Clerk A General Clerk B General Clerk C Building Service Person Equipment Operator Parking Monitor Park Maintenance Person water Quality Control Operator Colllllunicator Librarian General Secretary A Secretary 8 The City may establish reasonable qual if1cat;ons, including perfonoonce tests or other tests where applicable, for admitting -employees to the lists. Employees wl!o fail to qualify for any such list shall be told the reasons for non-qualifi- . cation. . MEMORANDUM OF AGREEMENT..-.. Page 7 • • (d) Appointment The appointing authority will make appointments from among those recor.mended candidates who are most qualified as detennined by objective review of selection procedure results and background material. With regard to eromotional oppor- tunities, the following factors will be considered equally in making appoint-ments: past perfonnance, 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. Unit employees applying for a vacant equal or lower paying position shill have the same rights as unit employees applying for a promotion. section 7. 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 completion of apprenticeship. The City will meet and confer with the.Union before adding any new apprenticeship programs during the term of this agreement. -All apprenticeship programs in effect at the beginning of the agreement are listed in Appen~ix C. Sectfon 8. In assigning employees to regular or special shifts, transfer, standby, overtime, or vacation selection,, ability to perfonn the ~~rk, length of service and/or equitable rotation shall-detennine the assignments. In accordance with this provisfon, more definitive rules may be arranged by nnJtual agreement of the Union -- and individual City departments. ARTICLE VII -PAV RATES AND PRACTICES Section 1. A general salary il'JCrease of 5.2 percent or $65 per month at the E-Step, Whichever is more, will be applied to all classifications in the _representation unit effective with the pay per'iod Wiich includes March 27 .. 197i. · The following classifications shall receive additional realignment increases as noted below applied prior to the calculation of the above ir.crease: 5 .. 0% Mail Cler~ -·, . ·. -. Plan Checking Engineer Senior Mechanic,.·water Quality C~ntrol 4. 91 -library" Associif:te 4 .. 0% Maintenance Mechanic, water Quality Control 3.6% Utility Installer/Repairer • . _.,·-.. ; MEMORANDUM OF AGREEMENT ~ Page 8 2.0S Chief Operator, Water Quality Control Utility Instal 1 er/Repairer Assistant Utility Ins~aller/Repairer Helper Gas System Field Repairer Sentor Clerk -Public Works l.3S Water Transmissic~ Operator ' • Salaries for all represented classes during the tenn of this agreement are .lfsted in Appendb A. Section 2. Step Increases. Merit advancements from the f;rst 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 employee has demonstrated continued improvement and efficient and effective service. For the purpose of deter- mining step time requirements, time will-colT'lllence on the first day of the month coinciding with or following entrance onto a salary ste!). Stei» increases shall be effective on the first day of the· payroll period in which the time requirements have been met. Section 3. Annual Adjustment. Annually, each employee who holds a regular full-time appointment in the municipal serv;ce on or before July first and continues in such status through the first day of Pay Period No. 12 (in December) shall receive, in addition to the salary prescribed hereir.. a s~lary adjustment equal to one percent (11) of the employee's current-annual salary; or at the employee's option and subject to management approval, 24 hours paid leave to be used prior to the January 31 following. Annual adjustments or time off shall be prorated to reflect appointme.1t from January 1 through July 1 of the current year, or interrupted service during the year. Section 4. Working Out of Classification. The tenn 11Working out of Classification .. is defined as a Management authorized full-time assignnent to a budgeted position on a tenporary basis wherein all significant duties are performed by an individual holding a classification within a lower compensation range. Pay for working out of classification shall be as follows: (a) Employees appointed to unfilled requisitioned positions on an °out of classifi- cation0 basis will receive acting pay within the range of the higher classifi- cation beginning the first day of the assignment. (b} Employees appointed to a position for vacation coverage will receive acting pay within the range of the higher classification after 10 days of assignment ·1n the acting position cumulative over the agreement year (April l to April 1). (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 c1assification 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 actfn~ pay shall begin on the first day of the assignnent. 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 classification provision~ do not apply to work assignments performed in connection with specific-predetermined apprenticeship or training programs or declared conditions of public peril and/or disaster. · . MEt«lRANDUM OF AGREEMENT41t ' Page 9 Section 5. Classification Change! {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 description$ which were in effect at the beginning of the agreement. The Union shall be notified in advance of any contemplated changes in classification des- cription and such changes shall be subject to the meet and confer pr-ocess during the tenn of this Memorandum of Agreement. If the Union and the City cannot re1ch agreement on the appropriate pay level for a job so reclassified, the cl1ssification description shall revert to its former 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 classi-flcation description. 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 requests in a timely manner. If meetings are held the employee may request representation. Any changes determined will become effective the first pay period following fiscal year or the job will be returned to 1ts previous status. Section 6. Advance of Vacation Pai. Vacation pay shall be made available in advance of regular pay day provided that employee reques~s such advance in writing to the- Cont1-oller1s Office at least two weeks prior to his/her vacation date. The employee's supervisor must verify vacation date on the request. Section 7. Assignment to a Lead Position. All vacancies in lead positions shail be filled in accordance with Article VI, Section 5. The pay range for the lead posi- tion 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 individual City departments. Current exceptions are listed fn Appendix D. -ARTICLE VIII -. HOURS OF WORK, OVERTIME 1 PREMIUM PAY Section 1. Work Week and Work Day. The standard work day for re9ular lm'.ployees shill be eight hours to be worke<rwithin a maximum of nine hours (five day work week) or 10 hours to be worked within a maxi111.1m of eleven (four day ~rk 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 excep- tions to th.e above are listed in Appendix E. 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 t111e 'Worked beyond the standard work day or beyond the standard wrk week. (b) Coatpensation to employees working overtime will be 1n the form of additional pay at the rate of one and one-half ti111es the ~loyee's bas1c hourly salary with the exception that an employee may request and, upon approval. be granted cOlllpensatory time off at the rate of one and one-htlf hours for each hour of - overtime worked. MEHORAHOUM OF AGREEMENT - Page 10 In the event compensatory time off is used as the method of compensating • .. for overtime, the time off will be 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) Al 1 ti me for which pay is received sha 11 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 inmediately previous to the employee's ~hift startin9 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 ~ork 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. (e) 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 ar;d one-half. Section 3. Work Shifts. All employees shall be assigned to work shifts with scheduled starting and quitting times. Should conditions necessitate a change in starting and quitting times, the Unioo will be notified ten (10} working days in advance and pennitted to discuss such changes with the City. This~ however, shall not preclude the City's right to effect schedule changes dictated by operational necessity. This section does not apply to overtime sched~ling. Section 4. City Paid Emergency Meals (a) For purposes of this section, emergency overtime is defined as overtime arising 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: 1. When an employee is called back and is on duty for a period of three con- -secutive hours, and thereafter at intervals of five hours but not more than six hours until the continuous overtime assignment ends. · 2. When an employee is held over on duty so that his/her combined nonnal work shift and overti~.e 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 six hours until the continuous . overtime assignment ends. 3. When an employee is called out two hours or more before a regularly scheduled day shift a~d works the regularly scheduled shift, he/she will be entitled to b:·eakfast. · 4. When customer convenience work o~ other emergency· work precludes an employee from obtaining a meal at the end of the shift. MEMORANDUM OF AGREEMEN._ Page 11- (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 fro~ the last meal unl~~~ at least eighteen hours' advance notice is prov;ded. (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 ~eriods. All employees shall be granted a rest period 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 encl for wash-up purposes. Section 7. Standby Pay, Call-Out Pay (a) Standby Compensation Employees perfonning standby duty shall be compensated at the rates established below: - Period Monday through Friday 4:30 P.M. -8:00 A.H. Saturday, S~nday, Holidays (b) Minimum Call-Out Pay Compensation $18.00 per day $28.00 per day Employees not otherwise excluded from receiving overtime pay who are called out to perfonn unscheduled.work shall be compensated for at least two hours• pay for each occurrence at the appropriate overtime rate. This provision does not apply to employees called out to work while earning pay for being in a standby status. Section 8. Night Shift Premium. An additional 40¢ per hour night shift premium shall be paid to employees for work perfonned between 6:00 P.M. and 8:00 A.M. A minimum of two hours must be worked between 6:00 P.M. and 8:00 A.M. to qualify for the premium. Employees who regularly work night shifts shall receive appropriate night shift premiums, relating to night shift hours worked. in addition to base· ~Y for holidays, sick leave and vacation. ARTICLE IX -UNIFORMS ANO TOOL ALLOWANCES Section 1. Unifonns (a) The City will provide unifonns, coveralls Qr shop coats on a weekly basis for the following jobs and/or classifications: MEMORANDUM OF AGREEMENT e Page 12 Facilities Painter Facilities Electrician Facilities Carpenter Facilities Mechanic _ F.aci 1 iti es Mai ntenanceperson Leaf Truck Operator Traffic lane Painter Traffic Lane Painter -Lead Building Inspector -Lead Other Streets Division employees when engaged in traffic painting o~erations Heavy Equipment Operator (Refuse) Heavy Equipment Operator -lead (Refuse) Refuse Disposal Attendant Utility Servicepcrson Meter Reader Gas System Field Repairperson Chemist, Water Quality Control Laboratory Technician, Water Quality Control Building Serviceperson Building Serviceperson -Lead Junior Museum/Zoo Attendant Auto Serviceperson Auto Service Mechanic Motor Equipment Mechanic Motor Equipment Mechanic -Lead ~~il Cle·rk ~ryffset Duplicating Machine Operator Storekeeper Assistant Storekeeper Chief Storekeeper • .. (b) All other employees who are required to wear specific clothin$ in the perfonnance of their jobs shall receive one-hundred seventy-five dollars ($175) per year uniform allowance. This section shall include, 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 meet and confer with the Union concerning the establishment of an equitable unifonn allcwar.ce. All unifonn allowances shall be paid bi-weekly. (c) Employees required to wear uniforms shall be provided suitable change rooms and lockers where presently provided. (d) Employee clothing seriously damaged or destroyed in conjunction with an industrial injury will 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 Equipment Maintenance shall be paid a tool allowance of $125 per year. (b) All Tool allowances shall be paid bi-weekly. . MEMORANDUM OF AGREEMEN~ Pa~ 13 ARTICLE X -HOLlOAYS Section l. Fixed Holida¥s. Except as otherwise provided, employees within the representation unit sh~l have the following fixed holidays with pay: - January l Third Monday in February List Monday in May July 4 First Monday in September Septeml>er 9 Second Monday in October Fourth Monday in October Thanksgiv~ng Day Day after Thanksgiving Day December 25 On~-half 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 considered a holiday. In the event that any of the afore-mentioned 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 half-day holiday. Section 2. Pay for Fixed Holidal!. (a) All employees shall be paid a full day 1s pay at their regular straight time base hourly rat.e 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 Holidays. Any employee required to work on a fixed holiday shall be paid time and one-half for 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 the event 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, the employee shall be paid for the day at the straight time base.rate. (b) Fixed holidays which fall during a vacation period or when any employee is absent becaus~ of illness shall not be charged against the employee's vacation or sick leave balance. MEMORANDUM OF AGREEMENT e Page 14 Section 5. Floating Days Off. Floating days off with pay will be schedul~d by Rana9e11ient as follows so as to produce three-day weeke~ds~ April 1977 -- . June 1977 August 1977 March 1978 The following conditions will hold: One floating day off One f1oating day off One floating day off One floating day off 1. Mc.nagement will designate the scheduling of the paid day off under this section at least thirty days in advan,e. • ... 2. If in confonnance with this section Management is unable to schedule a day off in the month indicated, f~r reasons of shift operations, work scheduiing 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' c~ntinuous 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 1 continuous service--twenty (20) working days per year. Employees may accrue up to three times their annual vacation leave without loss of vacation days. In the event the City is unable to schedule vacation and, as a result thereof, the employee is subject to loss of accrued vaction the City shall extend the va~ation acc~ual limit up to one year in which time the excess vacation must IE 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 complete six (6) months' continuous service before using accrued vac3tion 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 is 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 period, the employee shall have the period of illness charged against sick leave and not against vacation leave. MEMORANDUM OF AGREEMEN~ Page 15 Section 4. Vacation Benefits for Deceased EmployP.es. An employee who is eligible for vacation leave and who dies While in the municipal service shall have the amount 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 Military Leave. An employee who interrupts service &eeause of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. Section 6. Vacation at Tennination. Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. ARTICLE XII -LEAVE PROVISIONS Section 1. ~ick Leave (a) Th~ City shall provide each employee with paid sick leave, earned on a daily basis ana computed at the rate of 96 hours per year, with no limits on amounts that may be accumulated. Payment for accumulated sick leave at termination 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 percent of their unused sick leave hours multiplied by their years of contin- uous service and their basic hourly rate of pay at termination. 2. Full sick leave accrual will be paid in the event of termination due to -disability. -· - 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 Employees' Medical Plan premiums for the employee only at the rate of one month for every eight hours of sick -leave accrued. This option is open only to employees who retire during the life of this Agreement and who are covered py the City Employees' Medical Plan or exercise their option to convert to the City Employees' Medical Plan upon retirement. (b) Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal sir:kness or disability, medical or dental treatment, or as authorized for personal business. Up to fi~e days sick leave per year may be used for· illness in the i11111eaiate 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 utili~ation will be charged against future accrual or deducted from final paycheck in the event of termina- tion. (c) An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits !JklY, at his/her option, choose either to receive the long-term disability _benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. MEMORANDUM OF AGREEMENT e Page 16 (d) Sick leave will not be granted for illness occurring during any leave of abser.ce unless the employee can denonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. Section 2. Bereavement leave·. Lehe of absence with pay of three days may be granted an emp'oyee by the head of his or her department in the event of death • • 1n the employee's inmediate family, which is defined for the purposes of this ~~~ti~n as wife, husband, son, son-in-law, daughter, daughter-in-law, mother, moiher-in-law, father, father-in-law, brother, brother-in·law, sister, sister-in- law, grandr!lother, grandmother-in-law, grandfather, grandfather-in-law, or a close relative residing in the household of the emnloyee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or skk leave. Request for leave with pay in excess of three (3) days shall be subject to the approval ·Jf the City Manager. Approval of additional leave will be based on the circumstances of each request with consideration given to the employee•s need for additional time. 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 int~rest of the City. In cases of unpaid medical leave of absence:, the employee may elect to. retain his/her accrued vac;;.tion credit for regular use after return to duty. Requests for leaves shall not be unreasonably denied. Section 5. Maternity leave. An employee with at least six (6) months' service may take up to one year1s leave of absence for the purpose of childbirth ar~/or post-natal infant care. A physician shall verify the pregnancy at the City's request •. The employee 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 and vacation durfog the leave. Sick leavemay 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• post partum. · · Section 6. Jurt Duty and Subpoena~. Employees required to report for jury duty or tO. answer su poenas 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 received from such duties other than mileage or subsistence allowances within thirty (30) days from the tennination of jury· service. When an employee returns to complete a re-~ular 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 deter- mining whether or not an employee shall return to his or her regular shift following performance of the duties above,-reasonable consideration shall be given to such factors as travel time and a period of rest. Mal)RANDUM OF AGREEMEN. t PaOe 17 When a co1nbination of City work time and jury duty equals 14 or more hours in the 24-hour period irrmediately prior to the employee 1 s shift starting time, the employee will be allowed a rest period of eight hours. 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. Th1s 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 7. Time Off to Vote. Time off with pay to vote in· any general or direct primary election shall be granted as provideo in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance w1th the provisions of said Code. Section 8. Educational Leave and Tuition Reimbursement (a) City will reimburse expenses for tuition, books and curriculum fees incurred by employees within the representation unit, to a maximum of $450 per fiscal year,/ for classes given by accredited institutions of learning or ~pproved specialized training groups. Programs must either contribute to the ~loyee's job perform- ance or prepare the employee for other City positions, an~ must 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 fn exchange for repayment agreement in the event advances are not supported or courses are not satisfactorily completed as indicated. (c) Professional and technical employees assigned by the .City to atte~d meetings, workshops, or conventions of their professional or technical associations sha11 have their dues and reasonable expenses paid by the City 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 by 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 Chargeable to Sick Leave. All employees shall be granted up to eighteen (18} hours personal business leave chargeable to sick leave. The scheduling of such leave is subject to the approval of the appropriate level of Management. . ·. ARTICLE XIII -WORKERS' COHPEN~~TION:INSURANCE Section 1. Industrial Temporary Disabilitl, (a) While temporarily disabled, employees shall be entitled to use accrued sick MEMORANDUM OF AGREEMENT e Page 18 (b) leave for the first three (3) days following the date of injury and thereafter shall be pa1d full base salary for a period not to exceed fifty-seven (57) calendar days, unless hospitalized, in which case employees shall be paid full base salary for a period not to exceed s1xty (60) days from date of injury. . . For any temporary disability continuing beyond the time 1 imi ts set forth in (a) above, employees shall be paid two-thirds (66 2/3%) of their full ba~e salary at the time of injury for the duration of such temporary disability in confonnance with the State law. (c) During the period of temporary dis~bility, an employee's eligibility for health, dental, Hfe, LTD, or other insured progi·am will continue. Deductions for these programs must be authorized b~ the employee. City contributions will continue. In case of Subsection (a) above, the employee will continue to accr~e vacation and sick leave benefits. In the case of Subsection (b), sick leave and vacation benefits shall not be accrued. SfX:tion 2. · Trainin for Permanentl Disabled Em lo ees. In the case of pennaneut .'Jf sa i 1 ity due to an inJury occurring on-the-job on or after January l, 1975, the City agrees to abide by Title 8, Chapter 4.5, Subchapter 1, Article 12, "Rehabilita- tion11, Sections 1001 through 10010, of the California Administrative Codt!, which 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 pennanently disabl~d employee requests such rehabilitative benefits, the City will meet with the employee and Union representative or legal counsel if desired to consider fort11Jlation 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 described in Subsection (a) and (b). Any premium rate increases during the life of this Memorandwn of Agreement shall be paid by the City. The following options will exist: (a} Employee and dependent coverage under the existing Kaiser Health ~an 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 medic~l maxiRXlm of $250,000. Section 2. Dental Plan. The City shall pay all premium payments on behalf of employees, and one dependent of employees, .who are· eligible for coverage under the existing California Dental Service dental insurance plan or the equivalent benefits under (}. self-insured program, except that employees wi 11 pay the following amounts for multiple dependent coverage: Two or More Dependents .$7.80 per month ' The City shall assume any premium rate incre~s~ 1n existing employee and dependent dental coverage. -. . ·• ,• MEMORANDUM OF AGREEME~ Pi~e 19 • Section 3. Basfc Lffe Insurance. The Cfty agrees to continue the basic life insurance plan as currently in effect for the term of thf s Memorandum of Agreement. Section 4. Deferred Comrensation. -The City snall make available the necessary payroll deduct1on-and-ot.er procedures to provide a deferred compensation plan • Section 5. Loa¥ Term Disability. The City agrees to continue, at enployee cost, the long term lsability insurance as currently in effect fo~ the term of this Memorandum of Agreement. For those employees without eligibl'e dependents, the City wf11 pay up to $10 per month toward long term disability insurancef)r~iums. Section 6. Utility Discount. Eligibility for utility discount for employees with employment dates beginning afte~ April 1, 1977, will be discontinued. ARTICLE XV -RETIREMENT The City will continue the present benefits under the Public Employees' Retirement System l/SOth at age 60 fonnula act. Employees who retired prior to April 1, 1977 and spouses of deceased employees who died prior to April 1, 1977 shall continue reductions in utility rates. All retired employees and spouses of deceased employees shall also have residential privileges at City libraries and refuse disposal area. ARTICLE XVI -PARKING The City shall provide all emplqyee~ within the representation unit parking pri- vileges 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 mutua11y agreeabl~ work locations. . ARTICLE XVII -PHYSICAL EXAMINATIONS If any non-probationary employee who is required to have a City-provided physical examination not related to wc>rkers' compensation programs disagrees with the findings of the-City-sponsored physician, he/she liliiY 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 shared and the decision of this physician concerning the continuing ability of the employee to perfonn his/her work in his/her reg1Jlar job within.exposing 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 Section 1. Health .and Safety Provisions. The City\ shall furnish and use safety devices and safeguards and shall adopt and use pr~ctices, means. methods, operations .. MEMORANDUM OF AGREEMEHT- Page 20 .... and processes which are reasonably adequate to render ~uch emplo,Ytlent and place of employment safe, in confonnance with applicable ~~fety regulations under the State Labor and Administrative Code sections. The City shall not require or pennit any employee to 9~ into or be in any employment or place of employment which is not safe. -· Section 2. Unfon will cooperate with the City by enc11uragfng all employees to perfonn their work in a safe manner. · - Section 3. Safety Coninittees and Disputes. Safety comniti:~es composed of management ana Union stewards in the below listed organizations ·~il' meet no less than ten times annual 1y to discuss safety practices, methods of redudr,q hazards, and to conduct safety training. This shall in no way remove the basi-:. responsibility of safety from Management nor shall it in any way alter the respons1~11;ty of the employee to report unsafe conditions directly and i11111ediately to his or her $upervisor. Social and Comnunity Services Public Works Streets Public Works Parks Wate~~Gas-Sewer Field Operations Light and Power field Operations Water Qua 1 i ty Contro 1 · Building Maintenance Equipment Maintenance Building Services (a) A conmittee composed of one Fire Department representative. one Police Depart- ment representative, two Union representatives, and the City Safety Officer will ~eet at least quarterly concerning ~afety matters of the Civic Center. (b) A ten-member City-wide Union/Management safety conmittee with equal Union and Management membership will meet upon call, but no less than, four times annually to establish and review safety and occupational health standards and practices, discuss overall City safety and health problems, and to act as an advisory group to the departmental· safety conmittees. The conmittee shall review all departmental safety programs and reconmend changes 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 be made to rectify the problem at this level. The employee may contact his or her steward to assist iJ the resolution of the dispute. If the problem cannot be· resolved the Administrator of Safety will be contacted and the problem will be addressed through the interpretation of the basic sa~ety 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 PROCEDURE .-.. Section 1. The City and the Union recognize thnt early settlement of grievances is '·essential to sound employee-enployer relations. The parties seek to e~tablish a nutually satisfactory method for the settlement of employee grievances, or Union g~1evances as provided for below. In presenting a grievance, the aggrieved and/or -hfs or her representative is assured freedom from restraint, interferrence, coercion, MEMORANDUM OF AGREEME4 Page 21- d1scrtm1nation or reprisal. Rel~ase time for ;nvestignt1on and processing a grievance is-designated in Article IV of this Memorandum of Agreement. Section 2. Definition. A grievance is: (a) An unresolved complaint or dispute regarding the application of i~terpretation of rules, regulations, policies, procedures, Memoranda of Agreement or City ordi- nances of resolution, relating to tenns or conditions of employment.wages or fringe benefits. (b) An appeal from a disciplinary action.of any kind against an employee covered by this Memorandum of Agreement. -· ~ection 3. Conduct of Grievance Procedure (a) An aggrieved employee may be represented by the Union or may represent himself/ herself in preparing and presenting a grievance at any level of review. Grievances may also be presented by a group of erriployees. No grievance settle- ment may be made in violation of an existing mer;t rule or memorandum of agree- ~nt. The Union will be notified prior to the implementat;on of any settlement made which affects the rights or conditions of other employees represented by the Union. (b) An employee and the representative steward, if any, may us~ a .reasonable amount of work time so long as there is no disruption of work, in conierring 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 gr;evance 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 inmediately 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 1 imit. (f) If appropriate, the aggrieved employee(s) qr ~he Union and the department head may 111.1tua1ly agree to wahe Step I and/o; ,,ep II of 'cite grievance procedure. (g) Written grievances shall be submitted on forms provided by the City or on forms which are inutually agreeable to the City and the Union. (h) Any retroactfv_ity on m6netary grievances shall be limited to the date of occurrence except in no case will retroactivity be granted prior to three months before the grievance was filed in writing. · (i)-If the grievance is filed by 110re than one _employee in the bargaining unit~ the Union 11ay. at its option, convert it to a Union grie"~'lce after Step II of the grievance procedure. The Union may also file a grievance in those instances when, under this Me:norandwn of Agreement, a Union right not directly related to an individual employee becomes the subject of dispute. Union grievances shall coaply with all of the foregoing provisions and procedures. - MOORANDUM OF AGREEMENT e Page 22 Section 4. Grievance Procedure ~. The aggrieved employee will first attempt to resolve the grievance through lnfOr'irial discussions with his er-her inwnediate supervisor by the end of the tenth · . working-day fol lowing the discovery of or the incident upc)n which' the grievance is based. Every attempt will be made to settle the issue at this level. (Note: For purposes of time limits, the working days are considered to be Monday through Friday,· exclusive of City holidays.) Ste¥ II. If the grievance is not resolved through the infonnal discussion, the . emp oyee will reduce the grievance to writing and submit copies to the division head or equivalent level Management employee as designated by Management as appropriate within ten working days of the discussion with the irrmediate supervisor. -. The division head or equivalent level Management employee shall 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 in writing within ten working days of the receipt of the division head's response. 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 a~ Adjustment Board. Appeals to the Adjustment Board shall be made iri writing and directed to the Personnel Director within ten working days of receipt of the department head's resposne. The Personnel Director shall convene an Adjustment 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 Board will have the same powers and lfmftatfons to settle grievances as an arbitrator. A majority decision of the Adjustment Board shall be final and binding. The Adjust- REnt Board shall render its findings and decisions (if any) to the parties within ten Working d~s of its meeting. S~ V. If the grievance is not resolved at Step IV. the aggrieved employee may between final and binding resolution of the grievance through appeal to the City Manager. or through c:ppe~l to final and binding grievance arbitration. For the tenn of this Memorandum of Agreement, appeals to final and binding grievance arbi- tration 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 r-ec:eipt of · the Adjus~nt Board's disposition under Step IV. If the aggrieved employee elects final and binding resolution by the City Manager, the City Manager will cho~se the methods he or she considers appropriate to review and settle the grievance. The c;ty_Manager· shall render a written ,:~cision to all parties directly involved within ten working days after receiving the employee's appeal. ·. . ! MEMORANDUM OF AGREEMENT A • Page 23 W If the aggrieved employee elects final and binding arbitration in accordance with this provision, the parties shall i11Utually 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 Arbit.rat1on ~sso(:j~tion if ~1ther par:ty Qbjecto; to the S~te Conciliation Service, and select an arbitrator by the alternate str'ik.e method. The-·arbitrator shall have jurisdiction and authority only to interpret, apply, or _determine compliance with the provisions of this Memorandum of-Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances~ resolutions relating to tenns or conditions of enpioyment, wages or fringe benefits, as may hereafter be fr, 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 terms of this Memorandum of Agreement._ 3. Granting any wage increases or decreases. 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 arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in Article XX and without .regaid to the merits of the grievance. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five working days during which the parties shall atte111pt to resolve the . grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits. _. - Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Union. ARTICLE XX -UNSATISFACTORY WORK OR CONDUCT.AND DISCIPLINARY ACTION 1he City has the right to discipline, demote, or discharge employees for un~atis­ factory 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 notfficat·ion of unsatisfactory werk ~;· conduct and an opportunity to improve. Failure to correct deficienci,es and. improve to meet standards may result in discipline, demotf on. or di schargf. Notice of disciplinary action must be in writing and served on the employee in person or b.Y registered mail prior to the disciplinary action bec91ning effective. However, - the enployee may be removed from pay status inanediately pending such disciplinary action. The notice must be filed on a timely basis with the Personnel Department and included i~ the employee's personnel file. The notice of disciplinary action shall include: - MOORANOOM OF AGREEMENT9 ~age 24 - (a) Statement of the nature of the d1sciplfnary action; (b) Effective date of the action; ( c) ~t_at•l'.lt of the c~use ther!9f; , -(d) Statement in ordinary and concise language of the act or the omissions upon which the causes are based; · (e) Statement advising the employee of his/her right to appeal from such action, and the right to Union representation. If :the disciplinary action consists of suspension~ any suspension time prejfously gfven shall be credited to the final disciplinary action. ARTICLE XXI -NO ABROGATION OF RIGHTS The parties acknowledge that Management rights as indicated in Section 12070 of the Merit System Rules and Regulations and all applicable State laws are neither abro- gated nor made subject to negotiation by adoption of this Memorandum of Agreement. ARTICLE XXII -OUTSIDE EMPLOYMENT The provisions of Article 4.7 of the Government Code of the State of California will govern the determination of 1ncompatibte· outside· employment. · ARTICLE xxn I -WORK STOPPAGE AHO LOCKOUTS The City agrees that it will not lock out emp1oyees and the Union agrees that it will not engage in any concerted work stoppage or slowdown during the term.of this Memorandum of Agreement. An employee shall not have the right to recognize the picket line of a labor organization when performing duties of an emergency nature~ ARTICLE XXI~ -PROVISIONS OF THE LAW This Memorandum of Agreement is subject to 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 Constitution of the State of ~lifornia. . . Should any ,?f the provisions herein contained be rendered or declared invalid by reason of any existing State or FederaJ legislation, such. invalidation of such part or pc>rtion of this Memorandum of Agreement sha.11 not fnva I idate the remaining portfons 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, th1s Memorandum of Agreement shall prevail over any conflicting Merit Rules and Regulations. . . ·- I MEMORANDUM OF AGREEMEiff • • Page 25 . The City and the Union 11gree by signing this Memordndum of Agreement that the wages. hours, rights ~nd working conditions contained herein shall be continued in full . fcrce during the t~rm of this Memarandum of Agrcera~nt except as otha1i·dse provicl~d for 1n the M~n:orandum of t.greement and shall be binding on both the.City and th~ Union upon ratification by the Counc:i 1 of. the City of Pa lo Alto and· upon ratification by Union membership. ARTICLE XXV • TERM The term of thi.s Mem::irandum of Agreement shall co!Tmence on April 1-i· 1977 and sha11 expire on 1-iarch 31, 1973, except, however, either party may ser.ve written r.ctice upon the _other p:irty during tlie period bet,·!een ninety and sixty days -prior to March 31 , 1978 of its desire to amend this Memorandum of Agreement. If; at the time thjs Memorandun1 of Agreement woulu othen1isc tenninate, the parties are negotiating a ne1:1 Memorandum of Agreement, upon mutual agreement the tenns and conditions of this Memorandum of Agreement shall continue .in effect. · _ · EXECUTED: APRIL 13, 1977 FOR LOCAL 715A, SEIU, AFL-CIO~ ·CLC FOR CITY OF PALO ALTO /s/ Kenneth Margolies /s/ Jay C. Rounds {s/ Phil Giarrizzo /s/ Fred Looper /s/ Richard WOo<is /s/ John w. Wear /s/ Gayle Southworth /s/ Anson DeRego /s/ Paige B. Woods /s/ .Linda Allen /s/ W11lfam P. Turnell /s/ Jerry Lawrence /s/ Maur1ce J. Beeson /s/ FemandO ·s. Enciso, Jr. isl Bob Conklin /s/ Edward E. Fonseca /s/ Eric R. Fisher /s/ Kar) Nittka /s/ H.O. Chadwick /s/ Steve .Preminger •• Class Nllllber ftl 70l '" 277 ,,, ,,. 391 331 HI 330 249 311 313 2'2 295 371 370 371 319 101 .,, 101 IH 241 101 10. 101 201 APPENDIX A Class Title AD" ZD•U~CI ADl'ltlil HIT-'" A"ALYST Tl&' "DV£MNT A~t~AL aTT£NOENT AhlMAL COhT•OL n'' ASSOC ,.UlwNER ~ISOCl•T£ £NBINSE• .UST BLDG INSP &SIT rr.GINE£ff HST: RTDRE1CrEP£o . AUTO BEAVICE MErM AUTO S[RYICEPER•ftN llC¥CL£ TECMN!Ct&w 8LD• INSPECTO• ILDa stiYJCE AS•T IL~G SERYICEPERenN•L ILOn•EOP "AlhT TRAIN BUYER CATHODIC TECH CIMENT 'INUMU C£~~NT ~1Ml9HEa L~A~ C,t',U:F ME!Ull'£Hn11 CHIEF OPER \tQC C~IE' ~&RK IAN8SR CHIEF ITORE~£EP'• CITY ORO COMP INSP CNTaL,ar.CT CLERw & CNTAL,ACCT CllRw a C0flMUN TECH Approx Monthly Salary At E·Step .11DU ·'''" ''"' ,,u, 11201 11176 S17H 11190. l1IOI '''" 11UO h311 111!54 h071 l16117 h!ll• lt.Ot SIH6 11••a , ... u 11601 h571 - '''" S1Ht l1UI S10•J 11616 3/77 '-' APPENDIX A Page 2 Class Number 133 HI 127 H7 271 iio IU Ill Ht 121 '" ,,. 207 ~- 111 SH 9•1 ISO us 311 223 3l9 39• 397 373 ,.,. 311 ,,, 211 Ill "'' . ., Class Title ca"' a•r••CNTiL r.Lw ca"' OPE••P•OG••""r~ CO"PUTa• OP(RATn• COO•D •EC PAOIAaM CQO•D •• ADULT •vr• C:»ST ESTl"UO• CAEOIT•CDLL REP CUIT Sl•VICl CL~lltW DAT• E~TRY OP Cwtr~ D•T• ENTRY OPElltaTn• ·oc111 .. TECM UTIL DRJV[A GlltDUNGPE•ION EbEC 8YI DtlPATr~r• ELEC UNDORND llll•P ELECT NAP D•a~T••r•I ELlr.T•rCAL alsT 1 ELECTRICAL &18T 11 EUr.TAJCUN C'L[CTIUCUlll•L EfiQ~ TECH I _£NG• .TECH 11 £110A TECH t ! I ICUIPM£NT OPERATO• rout,,,.ENT DP[RATO••L ,AC CARP[NTIA•L FACIUTUI CHP~NTH FACILITt!S ELECT . FACILITIEI MICH· '•CtLITIEI PAl~Tr• 'IU Ct.Hie l•llle MOwE• OPER IAI IYI ,IELD •~PAtA Approx Monthly Salary at E;.;Step 11 :116 1,381 * l.1••• 1 ,471 • 11111 11•u S.167 l16i• 11••• !16U 11220 l107t hUg l10•• l•HO 1..,119 '''"' 11676 16319 11311 991 h•Ot 11110 ,, . ., 11311 11161 l1HD l1H• ,,,,. '''"'' u••• • ,, ... ,, ... ,., i1IU 113'1 * By previous agreement, the salary ranges for these classfffcations will be increased by $45 at the· E-Step effective with the tmplementit1on of the North County eo...n1cat1ons Center~ · · \ · · APPENDIX A .Page ~ . . Class blber ... too 201 101 .. , •17 •SI 311 310 101 301 ... , .. 33, 101 •90 Ill · ,,, Ill 211 IH 931 -.u. 501 31• .. , au .. , ••• Class Title GAl11ETU RtPA!lt ehrH&. CLE.•IC. A llHIRaL CLUK I 1£1iilERt1. CURie C OQL, co• "'fNT ·•~T ClftUNllCEEPU ClROnNDllCE£PU Ml&~Y [QP -QPE••ir•n Hl•YY roulP OP wousl~a IMP AOVTAO• lllilPECTO,_•Pw l~ST ARTS,CWA'T• JR "Ul£U" ZOO ATTft JlilfiltOR [IWGhilEA LAIORaTnRY TECH ~oc LaMDSC•PE Q6~~M~• LIG&L HC•ETHY Ll&aaUAN LllAA•Y ASS!IT&wT LllRAAY ASSOCIATE LJN[P[A,CAllE laoi.•L LlhEPIE•ICAILE 19Ltr.E HAIL CL[Rte "'INT 11rc" tilOC "&PICNA•T DAAFT~Pl•W "'CM UHIT llt:PAI• "ETIM RUDEi "OTOll IDUJP MCM-LllD "OTOA llUJP ~ECN .._TUll&LllT OFraEf DU'L "'CM "" PAH MUNT HIT PAii• -.&INTeLUD PAIK "AIMf[NANC, Approx Monthly Salary at E-Step hU3 S13H 11711 ..... S.197 11161 S.267 ·~32• l10DO hU9 S.7SO IUOt 91!1 l1ht 111U hlU h•H h•H hlH hh7 ,,,. . 11117 ------- APPENDIX A e ' Page 4 . Class Approx Monthly Salary Nmber Class Tftle ·at E-Stee Ill PHte RlflOElt 11111 t•J ,.,~·'"'• "o,.1ro' ' i1•0• ' _ , .. Pl.ANflH ••••• Ill Pl&Nt.IMO crv AN6L HT l1H7 Jh P~A~I CMECte EflO• hlU 107 POL ICE CL£1hC a l1IO 101 "0LlCl CL£11tlC 9 hOH llO P~LtCE ors• CLE•• '''"'' 102 PRl~ CONTROL CLfRK i,a,. Iii PRIN PROO i•T P•nR ,,, .. 350 rRIMClPAL PL&~Nf• 1100, 170 PROnucr• ARTI P•D& ,, .. , IH PR08•AJ11eL'f9T A l1Ut IH PltD8•AN&L'flT I 11117 ... PRD81AN ASll•TAMT 11110 -1 •" RE'UIE DHP ATTJD &1113 110 SECRETARY.A 11201 Ill SECHT&ltY 9 l11H , .. llNIOlt CLERIC•P .. ''"' ,,, IPRJNKLrtt SYS RrPR .,,,. 100 IR 8LD8 JhlPECTn• ,,,., 10• •• MECH wac l16rS -•OS IT MAINT AHT ..... , ltl ,, IWHPER OP 11136 ••• ITQ•UUPU tllh ••• l&IPV C&TALOCU~CI 11"82 117 1u,v·cMILl>RE ... SVCS l1UJ "' 9'1Pv BRANCK LIB h•H '" IUPv ENa" IVCI 11107 '" IUPV eEMERAL IEr 11912 • 1-IH IUPY Ll•RAAY Cl•~ 111.IZ t ••• IUPV "'IN LI••••~ t•'o' ... l~PV "ITCMILL Pw Lii ,, ... .,, IUl'v ICCltUTION ,,,,. ~PENOJX A Page s· _ Class ·ffwnber .. o, •ll 401 439 41• •20 •31 UI •00 au 301 HJ UI .. , 411 ··~ .uo .,, Z7• ... .. , 900 '°' Class Title TRa' CONT "'l~T t T~MI' CO..T tM.l~f-rr T•a, CONT NAINTeL 1ftH "&INT HIT TftC£ "&INT PE•lnN TREE TRl .. /LtNE rLfA~ TREE TRt"/L!NE rlA•L. T~EETRM/LN ClR •RAT lltUCK Di11YU TY, HT CLERIC_ UTll INIT TECH UTIL PLT ACCT SrCTY UTILITtrs TRAfNrE UTILITY StAVICE•FR• UTL INSTALL AEP 61AT uTL INSTALL REP• NIL UfL INITALL+REPa!R UTL INITALL•REPal••L VOLUfilTEIR COCIAD WATER METEA AEPal• WTR "ETER EICH Pl•• -Tl OUAL CTL PLT ftP WT• THNIM OPE• Approx Monthly Salary at E-Step llJ•s h•36 l.267 11231 913 h617 '• APPENDIX B Cli\SSIFICATION SALARY ADJUSTMENTS 3/77 Old ~ Traffic Sign/Counter Maintainer 1168 Traffic Control Maintainer II 1175 Street Light Replacement Person 1298 Electrical Assistant I 1312 Roadside Maintainer 1097 Street Maintenance Assistant 1153 * (J.R. Costa) Grader Operator 1341 Heavy Equipment Operator 1400 * (J .A. McCarty) Grader Operator -Lead 1440 Heavy Equipment Operator -Lead 1498 * {P.R. DeCristoferi~ Leaf Truck Operator 1185 Equipment Operator 1253 Water Truck Operator 1267 Equipment Operator . 1325 * General Clerk A (T. Joyner) (.C.E. Gordon) i079 Credit & Collections Represen. 1153 Library Associate 1003 Library Associate 1052 Mail Clerk 844 Mail Clerk 886 Building Plarr Checker 1695 Plan Checking Engineer 1780 Chief Operator,-WQC 1469 Chief Operator, WQC 1498 Water Transmission Operator 1296 Water Transmission Operator 1313 Maintenance Mechanic, WQC 1~13 Maintenance Mechanic, WQC 1366 Senior Mechanic, WCC 1469 Senior Mechanic, WQC 1542 Building Inspector (3) 1572 Senior Building Inspector 1672 - Housing Inspector 1572 Housing Improvement AJvfsor 1672 Typist Clerk B 904 Typist Clerk 925 Heavy Equipment Operator -Lead 1409 Utility Installer & Repair.·-Lead 1437 W-G-S Installer & Repairer 1296 Utility Installer & Repairer 1343. W~G-S Installer & Repairer Asst. 1168 Utility Installer & Repair. Asst. 1191 W-G-S Installer & Repairer Helper 1052 Util Install. & Repr. Helper 1073 Gas System Field Repairer 1296 Gas System Field Repairer 1322 Senior Clerk -Public Works 1137 Senior Clerk -Public Works 1160· *Reflects final salary after general increase fs applied. Effective March 31, 1978. the base salary to be used for any general increase will be: · J.R~ Costa $1144 J.A. McCarty $1389 P.R. DeCristoferi $1481 C.E. Gordon $1318 . . '• APPENDIX C APPRENTICESHIPS UTILITIES TRAINEE WATER-GAS-SEWER leads to various positions wfthfn Water-Gas-Sewer and/or Water-Quality-Control. UTILITIES TRAINEE leads to Electrician/Lineperson position. BUILDING AND EQUIPMENT MAINTENANCE TRAINEE leads to the following positions: 3/77 Facilities Carpenter Facilities Mechanic Motorized Equipment Mechanic Facilities Electrician Facilities Painter • ' . . .• • APPENDlX D ROTATIONAL LEAD POSITIONS J>epartment Posftfo~- light & Power Lineperson/Cable Sp1icer -lead Water-Gas-Sewer Heavy Equi(lll'lent Operator -Lead • • • . Department/Of vision fIRE DEPARTMENT UTILITIES DEPARTMENT/ • • APPENDIX E EXCEPTIONS TO STANDARD WORK DAY OR WORK w:~K FOR SEIU REPRE~ATION UNIT. Classification Secretary A 1· (one only) secretary B {one only) Work Day or Work Week Variation 4 days on/4 days off {by departmental agreement) . water Quality Control All classes at the Water Quality Control Plant Work week complies with Fair Labor Standards Act but involves scheduling of 6 days on, 2 off; Treasurer's Office PLANNING DEPARTMENT Utility Serviceperson Principal Planner (one only) Planner (one only) 5 days on, 2 off; 4 days on, 3 off; over seven week cycle. Work week complies with Fair labor Standards Act but involves scheduling of 7 days on, 2 off; 3 days on, 1 off; 3 days on, l off; 1 days on, 3 off; 5 days on, 3 off; over a five-week cycle. Works 20 hours per week; there are two different work weeks within each pay period: •A" Week: 4 hrs each, Monday through Friday •e• Week: Monday and Friday off; 61i hrs each Tuesday and Wednesday; 7 hrs on Thursday Works 80 hours per pay period; there are two different work weeks wi~hin each pay period: "A" Week: Monday through . Thursday, 9 hrs each Frfday. 8 hrs "B" Week: MondaJ, off Tuesday through . Friday, 9 hrs each • EXCEPTIONS TO STANDARD WORK DAY OR WORK WEEK Page Two Department/Division PLANNING DEPARTMENT Traffic Engineering COl«JNITY SERVICES DEPARTMENT Arts BUDGET & STAFF SERVICES Coamunfcations Classification Traffic Analyst (one only) Volunteer Coordinator All Classes Work Day or Work Week Variation Each week (40 hours): Monday and Wednesday, 9~ hrs each Tuesday and lhursday, 51j hrs each Friday, 10 hrs Each week (30 hours): 15 hours of scheduled time/ 15 hours of unscheduled time Work week complies with Fair Labor Standards Act but involves scheduling of 6 days on, 2 off (repeated 4 times); 6 days-on, 3 off; 5 days on, 3-off; over six week cycle (ratio of 7 work days to 2 days off) ;