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HomeMy WebLinkAboutRESO 5548• 't .... • • e ORIGINAL RESOLUTION UO. \;! / RESOLUTION OF THE COUNCIL OF CITY OF PALO ALTO AMENDIUG SECTION 519 AND SECTION 1401 OF THE MERIT SYS'.rEM RULES AND REGULATIOUS The Council of the City of Palo Alto does RESOLVE as fol· lows: SECTION 1. Subsection (a) of Sectiot1 519 of the Merit System Rules and1fegulations is amended to read as follows: "Paid holidays. (a) Regular holidays for pay purposes. 1'he following ho!i(fays a.re recognized as municipal holidays for pay purposes, and regular, part-time, and special employees shall have these days off with payi except as otherwise provided in these rules: Januarv 1 Third Monday in February Last Monday in May July 4 First Monday in September September 9 Second Monday in October November 11 Thanksgiving Day Day after Thanksgiving nay December 25 · "In the event that any of the aforementioned days falls on a Sunday~ the following Monday shall be considered a holiday for pay puqloses. In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay purposes." SECTION 2. Except as ~ended herein, all of the provisions of Section 519 shall remain in full force and effect .. SECTION 3. Section 1401 of the Merit System Rules and Regu- lations la amended to read as follows: "1401. Metr.orandum of agreement incorporated bv reference. That certain memorand'UID of agreement, dated Apri! 1, 1978, by and between the City of Palo Alto and Local 715A, SEIU, AFL-CIO, CLC, consisting of a Preamble and Articles I through XXV with six appendices attached thereto and incorporated therein for a term COlIIJlencing April 1, 1978, and expiring March 31. 1980, is hereby incorporated into these Merit System Rules and Regulations by reference as though fully set forth her~in. Said memorandum shall apply to all employees in classifications represented by said Local 715A, SEIU, AfL .. c10. CLC, e:xcept whet'e specifically provided otherwise herein. "In case of conf l:lct 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 said Local 715A, SEIU, AFL-C!O, CLC." . -• • SECTION 4. The changes provided for in this resolution shall not alfect any right established or accrued or any offense or act comitted, or any penalty or forfeiture incurred, or any prosecution, suit, or p~oceeding pending or any judgment rendered prior to the effective date of this resolution. SECTION 5. The Council 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. IUTR.ODUCED AUD PASSED: May 22' 1978 AYES:arenner, Carey, Clay, Eyerly, Fazzino, Fletchar, Henderson, Sher, Witherspoon NOES: NQne ABSTENTIONS: None ABSENT: ._ ~one ATTEST:·· ~ ~11.:?..&~ t:;ir/ .. APPROVED AS TO FOR."-1: IA ,A_ t\.JA...~11 . ·-Cfty~~ APPROVE~~-~-"'-- · ~ger 'fipLEASE 00 NO~~ UNLESS YOU ARE I USATISFit.D T!IAT THE EXHIBITS ARE COEB.F.CTLY DESIGNATED Allll \ ._( . i A,TTACHED! ,,..,------/ ' • • • • MEMORANDUM OF A'1fli!t/'\el11~ · Dear City Employee: The Memorandum of Agreement contained herein has been negotiated between Local 715 A, Service Employees• International Union, AFL-CIO, and the City of Palo Alto. The Agreement contains information about wages, hours and fringe benefits as well as the tenns and conditions of employment for cla:sifications within the representation unit. We hope you will keep this Memorandum of Agreement for reference as needed and familiarize yourself with its contents. CITY PERSONNEL DEPARTMENT City of Palo Alto 250 Hamilton Avenue Palo Alto. California (415) 329-2401 LOCAL 715 A, SEIU 2131 The Alameda San Jose, California 95126 (408) 249-9010 HOT LINE -2454 . . . . • • • Article I Recognition TABLE OF CONTENTS .................. ·~ .......... . Page 1 II No Discrimination • • • • • • • • • • .. . • • • • • • • • • • l II I Union Security........................... l IV Stewards .....•...................... ; . . . 3 V Reduction in Force . • • . . . .. . . . . . . • • . • . • . • 4 VI Personnel Actions .•...••.....••.••.•••.• 4 VII . Pay Rates and Practices • • • • • • • . • • • . • • • • • 7 VIII Hours of Work, Overtime, Premium Pay •••• 9 IX Unifonns and Tool Allowances ••••.•. .••.• 11 X Ho l i days •••.• ~ • • • • • • • • • • • . • • • . . • • • • . . • • • 13 XI Vacations .. ~.............................. 14 XII Leave Provisions •••.....•.....•..••..••• 15 XIII Workers' Compensation Insurance......... 18 XIV Benefit Programs • • • • • • .. • • • • • • • • • • • • • • • • lS xv XVI Reti rowl'Jlent • • • • • • • • • • • . . • . • • • • • • • • • • • • • • • 19 Parking ........ ~ •.......•.. c.••·········· 19 XVII Physical Exami na t1 ons • • • • • • • • • • • • • • • • • • • 20 .XVI I I Safety . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 20 . XIX Grievance Procedure ••••••••••••.••••••••. 21 XX Unsatisfactory Work or Conduct and Oisciplinary Action ••.•• 24 XY.I Ne Abrogation of Rights .••••••••••••••••• 24 XX.II Outside Employment • • • • • • • • • • • • • • • • • • • • • • • 24 XXII I Work Stoppage and Lockouts • • •.• • • • • • • • • • • • 24 XXIV Provisions of the Law·········~·········· 25 XXV . Term ............................. JI. • • • • • • • • 25 Appendix A .. Appendix B Appendix c Appendix D Appendix E Appendix F 1973-80 MEMORANDUM OF AGREEMENT ' City of Palo Alto and Local 7l5A, SEIU, AFL-CIO, CLC • PRE/IJiBLE This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter referred to as the Cityj 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 me;:m 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 35~~ -3510 of the Government Code of the State of Californ1a and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes -the U1.ion 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 identif;cation be titled the SEIU unit. Section 2. No supervisor will perform the work of an -;mployee in the SEIU unit pro-. vided that there is an employee av·a· ilab"f e who regularly performs such work. This does·-- not preclude a supervisor from performing work of a min_or 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 the Union and th~,departrnent involved, other arrangements may be made regarding the eight mile radius. ARTICLE 11 -NO DISCRIMINATION Section 1. The City and the Union agree that no pe~son employed by or applying for employment hereto shall be discriminated against because of race, religion, creed, political affiliation, color, n~~1~~al origin, ancest~y, union activity, age, sexual preference, 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 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 Ur.ion will cooperate in ~ursuing a policy of affinnative action. Any City established advisory emplciyee corrmittee relating to affirmative action shall prcvide fair Union repres~ntation on that committee. ARTICLE lJ I -UNION SECURITY ~on 1. When a person is hired in any of the covered job classifications, the • • • • , --MEMORANDUM OF AGREEMENT -- Page 2 City shall notify that person that the Union is the recognized bargaining repre- sentative for the employee in said Unit and give the employee a current copy of the Memorandum of Agreement. Sect ion 2. Md i ntenance of Membership. A 11 Uni on members on payroH deduction for payment c;f Un ion dues on the day of the signing of this Memorandum of Agreement must remain on payroll deducticn for the life of this Memorandum of Agreement or so long as they remain members of thtt representation unit. Unior:i members who establish due~ payroll deduction during the term of the Memorandum of Agreement must remain on pay:'Oll deduction for the life of this Memorandum of Agreement or so long as they remain members of _the representation unit. Union members on d~e~ payroll deduction may declare their intention to tenninate such payroll de~uct1on following expiration of this Memo~andum of Agreement during the 30-day period between 60 and 90 days prior t~ expiration oy _the Memorandum of Agreement. Section 3. The City shall supply the Union with a monthly ~omputer run of the na~si 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 ciasses 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 trans-mitted without address. ; Section 4. Payroll Deduction. The City shall deduct Union membership dues and any other mutually agreed 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 remit the deducted dues to the Union as soon as possible after deduction.·. Section 5. Bulletin Boards and Departmental Mail. ihe 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 purpo~-e 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 loeations for the purpose of conducting business within the scope of representation, provided that no 4isruption of work is involved and the business transacted is other than recruiti0-9 of members or collecting of dues~ and the representative must notify the Personnel Department Office prior to entering the work location. · Section 7. Meeting Places. The Union shall have the right to re::.>e1·ve City meeting and conference rooms for us& during lunch 1Jeriods or other non-working hours. Such meeting pl aces will be made avai 1 able in conformity with City's regulations and subject to the limitations of prior corrmitment. --MEMORANDUM OF AGREEMENT Page 3 Section 8. Notification to the Union. The Union shall be infonned 1n advance in writing by Management before any proposed ~hiinges not covered by th1 s 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 proGJced on Itek and m~tal 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. Section 10. The City shall make available to the Union in a timely manner copies of all City Council meeting agendas, minutes and schedule of meetings. These materials may be picked up at tr.e City Cl~rk 's Office during business hours • • ARTICLE IV -STEWARDS Section 1. The Union agrees to notify the Director of Personnel of those individuals designated as Union officers and stewards who rec~ive and investigate grievances and represent employees before Management. Alternates may be designated to perform steward functions during the absence'.> or unavailability of the steward. • Section 2. The number of stewards designated by the Union at a given time shall • not exceed twenty-five (25}. Section 3. It is agreed that, as long as there is no disruption of work, stm;ards sh~ll 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 stew3rd and an emp1oyee or employees of that unit related to a grievance. b. A meeting with Management. c. Inv~stigation 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 notification to his/her ~upervisor before le?ving 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 al1owed 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 wiil 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 provide locker space for storage of Union materials. •. · · l~MORANDUM OF AGREEMENT -- , Page 4 -- • • ARTICLE V -REDUCTION IN FORCE Se'.~ti~f!_]_. 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 fo~ reasons of change in duties or organization, abolition of position, shortdge of wo rr or funds~ or completion of work, el!Jp l oyees with the shortest 1 ength of service will be laid off first so long as emrloyees retained are fully qualified, trained, and capable of performing remaining work. Length of service for the purpose of this article will be based on total City service in a regular classification or classifi- cations. 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 requisitioned 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 assi9ned to the step in the new classification salary range closest to the enployee 1 s salary range at the time of re-classification. • Section 3. Employees identified for layoff who have seniority {bumping) rights to equal or lower paying classifications within their division must declare their int~ntion to exercise these rights at least 25 days ~rior to layoff, otherwise bumping rights will automatically terminate. Bumping ~hall not occur outs~de the division except that employees subject to layoff who during the 24-month period irrmediately 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 successfully bump, the employee must be fully qualified. trained and capable of perfonning all wor·k in the new classification. An employee who declares bumping rights may not also claim priority employment rights. Section 4. Re-Employment List. The no.mes of perso.ns 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 thiin two (2) years from the date of separation from City service or change of classificdtion 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 be9inning 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 termi na t.i on. -· Section 6. Employees laid off pursuant to SectioH 2 who are reinstated to a regular posit1on-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 t'ei:1statement the employee's 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 p~rio<l of six (6) months, coovnencing 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 ~ployee to his/her position, and for rejecting any probationary emplc,yee whos_e performance does not meet the acceptable standards of work. . · ... e e MEMORANDUM OF AGREEME, Page 5 In the event of tennination prior to successful completion of the probationary period~ such terminated employee shall be given written notice of his/her tennination with the r~asons for the termination stated therein. The Personnal Department shall, upon request, afford an interview in a timely fashion to the tenninated employee for dis- cus-sion 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 action. The parties agree that probationary employees shall have all rights under this Mem- orandum of Agreement, including_full and complete a~~e~s tc 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 but9 in the event of disagreement over content, the employee may request a r~view of the evaluation with the next higher level of Management, in con- sultation with the Personnel Department. ·For purposes of this review, the employee may be represented by the Union. Decisions regarding evaluation appeal shall be made in wriLing 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 enployee or the Union shall be all~wed, upon reasonable request, copies of materials in an employee 1s personnel filP-relating to a grievance. • Record~ 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 only release infonnation to creditors or other persons upon proper identification of the inquirer and acceptable reasons for the inquiry. Information then given from personnel files is limited to verification of employment, length of employment and verification and disclosure of salary range informati~n. Release of more specific information may be authorized by the employee. Section 5. Promotional Opportunities (a) Posting Promotional opportunities for classifications within the representatioi, unit will be posted for at least ten i'l'orking days (Monday througt1 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 oc~urs. If used, outside recruitment may begin at the time of posting, or any time thereafter. (b) Se_lectiOJl The selection procedure for each promotional opening will be determined and administered by the Personnel Department in consuitation with the requisitioning • • • • . . MEMORANDUM OF AG~EEMENT Page 6 department. Selection procedure and job description information will be avail- able at the Personnel Office at the time of posting. Effcrts will be made to standardi~e tests and procedures where standardization is feasible and appro- priate. Any tests used shall be reasonably predictive of success in the classificaticn, and tests may not be biased with respect to race, sex, religion, creed, po1itica1 affiliation, color, national origin, ancestry, or age. Selection procedures may include any or al 1 of the. foll01"1ing phases: (1) Application. Both inside and outside candidates will make application on forms specified by the Personnel Department. Applications must be submitted to th~ Personnel Office. (2) Screening. Applications will be screened by the Personnel Department lu· ascertain whether candidates me·et minimum requirements as outlined in the job description. ~ (3) Performance Testing. Performance tests, such as typing, machinery or vehicle operation, skills demonstration, physical agility, etc., wi11 be qualifying. Pass-fa i1 points will be announced in advance for qualifying tests. . · {4) Written Tests. Written achieveu~nt or aptitude tests will be qualifying. Pass-fail points will be announced in advance for qualifying tests • (5) Interviews, Appraisals. Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed ·-· •of qualified and unbiased 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 boara is used, a majority of the indi- viduals or board members must recommend a candidat~ 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) Recormlended Candidates Candidates who successfully complete all phases of the s0lection procedure will b~ recorrrnended to the appointing authority . . e e MEMORANDUM OF AGREEME. Page 7 (d) Appointment The appointing authority wil 1 mak~ appoi!'1tments from among those recorrrnended candidates who are most qualified as determined by objective review of selec~ tion procedure results and background materials. With regard to promotional opportunities, the following factors \>Jill be considered equally in making appointments: past perfonnance, affirmative action and seniority. Additional -infonnation regarding the application of past performance and affirmative action criteria_ to specific openings is available upon request from the employment administrator. (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 shall 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 tenn of this agreement. All apprenticeship programs in effett at the beginning of the agreement are listed in Appendix B. ~ Section 8. In assigning employees to regular or special shifts, transfer, standby, overtime, or vacation selection, ability to perform 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 VII -PAY RATES AND PRACTICES Section 1. A general salary increase of 6.0 percent at the E-Step will be applied to all classifications in the representation unit effective with the pay period which includes April 1, 1978. The following classifications shall receive an additional 5.0% realignment increase prior to the calculation of the above increase: Senior Mechanic, Water Quality Control_ Mail Clerk Customer Service Clerk Credit and Collections Reprecentative Plans Check Engineer A general salary increase of 6.0 pe~cent at the E-Step will be applied to all classi- fications in the representation unit effective with the pay period which includes /\pri l 1 , 1979. Salaries for all represented classes during the term of this agreement are listed in Appendix A. • • • • --. . . -MEMORANDUM OF AGREEMENT Page 8 Sectio.fl 2. Step In~~· Merit advancements from the first-salary step to the second salary step shall be granted at six-month intervals and between second and subsequent steps at one-year intervals if the affected employee has demonstrated continued improvement and efficient and effective service. For the purpose of deter- mining step time r'~uirernerits, time will cc!llnence 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 payrol 1 period in which the time re<?uirements have been met. Section 3. Annual Adjustment. AnnLally, each employee who holds a regular full- time appointmrnt in the municipal service on or before July first and continues in such status through the first pdy period in December shal 1 receive, in addition to the salary prescribed herein, a salary adjustment equal to one percent (1%) of the employee's current annual salary; or at the eMployee's option and subject to manage- ment approval, 24 hours paid leave to be used prior to the January 31.following. Annual adjustments or time off shall be prorated to reflect appointment from January 1 through July 1 of the current year, or interrupted service during the year. Section 4. Working Out of Classification. The term 11working out of classification" is defined as a Management authorized full-time assignment to a budgeted position on a temporary basis wherein ali significant duties are performed by an individual hoiding a classification within a lower co~pensation range. Pay for working out of classification shall be as follows: (a) fmployees appointed to unfilled requisitioned positions on an 11out of classi- fication11 basis will receive acting pay within the range of the higher classi- fication beginning the first day of the assignment. (b) Employees appointed to a position for vacation, sick leave or other leave of absence cove~~ge will receive acting pay within the range of the higher classi- fication after seven days of assignment in the acting position cumulative over the agreement year (April l to April l). The step within the range 9f the higher classification will be the step at which the employee would be paid if permanently appointed to that classification. Out of classification provisions do not apply to work assignments performed in r~nnec­ tion with specific predetermined apprenticeship or training programs or declared conditions of ~ublic peril and/or disaster. Section 5. Classification Changes (a) During the course of this agreement, the City shall notify the employee concPrned in case of contemplated change in job content as contained in the classification descriptions w!lich \'1ere in effect at the beginning of the ~greement. The Union shall be notified in advance of any contemplated changes in cla~sification des- cription and such changes sha 11 be subject to the meet and confer process during the term of this Memorandum 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 former status. e . •. e MEMORANDUM OF AGRCEMEr?i" Page 9 --- (b) An· en1ployee 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 description. The request must contain justification and may be made only d\Jring the period of December 10 through January 10. The A~ninistrator of Compensation will respond to such requests in a timely manner. If meetings are held the employee may request representation. Any changes determined wil 1 become effective the first pay period following fiscal year or the job will be returned to its previous status. Section 6. 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 employee's supervisor must verify vacation date on the request. Section 7. 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 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 IJ:iion and individual City departments. Current exceptions are listed in Appendix C. ARTICLE VIII -HOURS OF WORK, OVERTIME, PREMIUM PAY Section 1. Work W~ek 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 work~d withir. 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 the above are listed in Appendix D. 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 sh~ll be defined as any time worked beyond the 5tandard i~ork day or beyond the standard work week. (b) Compensation to employees working overtime will be in the fonn of additional pay at the rate of one and one-half times the employee's basic.~ourly salary with the exception that 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 time off is used as the method of compensating for overti1ne, the time off wi 11 be taken ririor 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 wi 11 be compensated in pay for such time at the appropriate rate specified by these sections. (c) All time for which pay is received shall tount as hours actually worked for the • computation of overtime pay. . . • • • . --MEMORANDUM OF AGREEMENT Page 10 (d) When an employee works 14 hours or more in the 24-hour period irrrnediately 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 conditfons involving real or potential loss of ser•1ice or property or personal danger. (e) If non-emergency overtime h cancelled without Cit least 40 hours nor:1ce, the City shail pay the affected employe~s two (2) hours pay at time and one-half. Section 3. Work Shifts. All employees shal1 be assigned to work shifts with scheduled starting and quitting times. Should conditions necessitate a ch~nge in starting and quitting times, the Union will be notified ten '10) working days in advance and permitted 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 scheduling. Section 4. City Paid Emergency Meals ·(a} For purposes of this section, emergency overtime is defined as overtime ar1s1ng out of situutions involving real or potential loss of service or property or personal danger. The City will provide meals in the following emergency overtime situ~tions: · - 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 Cjntinuous overtime assignment ends. · 2. When an employee is held over on duty so that his/her combined normal work shift and overtime assignment exceed six continuous hours from his/her last meal and one and one-half hours after shift end, and thereafter at intervals of five hours but not ll!Cire than six hours until the continuous overtime assignment ends. 3. When an emplcyee 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 customer ·convenience work• or· othar-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' aJvance notice is provided. (c) All meals provided shall be comparable substitutes for the employee's regular meals. Where oossible the City will arrange purchase orders at mutually agreeable restaurants. Section 5. Rest Periods. All employees shall be granted a rest period or coffee break limited tolS minutes during each four hours of rrork. Department$ may make reasonable rules concerning rest period scheduling. Rest periods not taken shall be waived. e 1 .e MEMORANDUM OF AGREEME Page ll Section 6. Cfoan U...e__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 wash-up purposes. Sectinn 7. Stand~y P~, Call-Out Pay (a) Standby_ Compensat_ion Employees performing standby duty shall be compensated at the rates established below: Period Monday through Friday 4:30 P.M. -8:00 A.H. Saturday, Sunday, 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 tal1ed 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 50¢ per hour night shift premium _ • shall be paid tc employees for work perfqrmed 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 pay for holidays, sick leave and vacation. ARTICLE IX -UNIFORMS AND TOOL ALLOWANCES Section 1. Uniforms (a) The City will provide ur;iforms, coveralis or shop coats on a weekly basis for the following jobs and/or classifications: Facilities Painter Facilities Electrician Faci11ties Carpenter Facilities Mechanic Facilities Maintenancep~rson -L~ad leaf Truck Operator Traffic lane Painter Traffic lane Painter -Lead Boilding Inspector Other Streets Division employees when engaged in traffic painting operations Heavy Equipment Operator (Refuse) Heavy Equipment Operator -Lead (Refuse) Refuse Disposal Attendant Utility Servicepcrson • • • • ~EMORANDUM OF AGREEMENT --- Page 12 (b) Meter Reader Gas System Field Repairperson Chemist, Water Quality Control Laboratory Technician, Water Quality Control Building Serviceperson Buildin3 Serviceperson -Lead Junior Museum/Zoo Attendant Auto Serviceperson Auto Service Mechanic Motor Equipment Mechanic Motor Equipment Mechanic ..; Lead Mail Clerk Offset Duplicating Machine Operator Storekeeper · · · Ass1stant Storekeeper Chief Storekeeper Golf Course Maintenanceperson Greens keeper · Golf C1urse Equipment Mechanic Utility Trainee (Water-Gas-Sewer) Utility Install/Repair Asst Utility In5tall/Repair • Utility Install/Repair -Lead Heavy Equipment Operator (Water-Gas-Sewer) Mechanical Unit Repairer (Water-Gas-Sewer} Operator, Water Quality Control Chief Operator~ Water Quality Control Senior Mechanic, Water Quality Control Maintenance Mechanic. Water Quality Control Utility Instrument Tech, Water Quality Control Water Transmission Operator, Water Quality Control All other employees who are required to wear specific clothin9 in the perfonnance of their jobs shall receive one-hundred seventy-five dollars ($175} per year unifonn allowance. This section shall include, but not be limited to, Animal Shelter, Foothills Park and Parkirg 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 establishrr~nt of an equitable uniform allowance. All unifonn allowances shall be pai<! bi-weekly. (c) Employees req:Jired 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 AGREEMENT Page 13 ARTICLE X -HOLIDAYS Section l. Fixed Holidays. Except as otherwise provided, employee~ within the representation unit shall have the following fixed holidays with pay: January 1 Third Monday ;n February last Monday in May July 4 First Monday in September -Septe'nber 9 - Second Monday in October Veterans' Day, November 11 Thanksgiving Day Day after Thanksgiving Day December 25 One-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 co~sidered a.holiday. If December 24 and 31 fall on Sunday then the preceding Friday W'l 11 be des1gnated for purposes of the half-day holiday. Exceptions to this provision are listed in Appendix E. . . • -· Section 2. Pay for Fixed Holidal!_ (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 e~ployee 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 -;n the event a fixed holiday fa 11 s during his or her regularly scheduled day off. Every attempt wi 11 be made to sclledul e 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 because of illness 3hall not be charged against the employee's vacation or sick • leave balance. • •• • MEPIORAHDUM OF AGR[EMENT Page 14 • Section 5. Floating Days Off. Floating days off with pay will be scheduled by Management as follows so as to produce three-day weekends: AJ>ril 1978 -- June 1978 August 1978 -- March i 979 -- April 1979 -- June 1979 August 1979 -- March 1980 The following conditions will hold: One floating day off One floating day off ·one floating day off One floating day off One floating day off One floating day off One floating day off One floating day off 1. Management will designate·the·scheduling of the paid~day off.under this section at least thirty days in advance. 2. If in conformance with this r,ection Management is unaf:'~e to schedule a day off in the month indicated, for reasons of shift operations, ~~rk scheduling or any other reason, the day will be added to the employee•s vacation accrual. 3. lf an employee fai lS to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited . Section 1. fol lows: ARTICLE XI -VACATIONS Each employee shall be entitled to an annual paid vacation, accrued as (a) less than four (4) years• continuous service--ten (10) working days per year. (b) Four (4) years 1 continuous service through eight (8} years• continuous service-- fifteen (15) working days per yaar. {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 sci1edule vacation andi as a result t_hereof, the employee is subject to loss of accrued vaction the City shall extend the vacation accrual limit up to one year in which time the excess vacation must i:e scheduled and taken. As long as there is no interference with departmental operation. there shali be no unreasonable restriction of increments of use. Employees shall complete six (6) months' continuous service before using accrued vacation leave. Section 2. .Holiday Falling During Vacat.iol"!. In the event a fixed holiday as defined in Article X falls within an employee's vacation period, which woul~ 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, ti1e employee shall have the period of illness charged against sick leave arid not against vacation leav~. e -• MEMORANDUM OF AGREEMENT Page 15 Section 4. Accrued Vacation Pay for Deceased £mployef'. An employee who is eligible. for vacation leave and who dies while in the municipa 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 Mi1itary Leave. An employee who interrupts service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. Section 6. Vacation at Termination. 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. Sick Leave (a} The 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) 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. Emp~oyees 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 cover~d by the City Employees' Medical Plan or exercise their option to convert to the City Employees• Medical Plan upon retire.11ent. Use of Sick leave. Sick lea·ve 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 illl'llediate 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 i.:vent of termina- tion. 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 may, at his/her option, choose either to receive the long-tenn disability benefit~ or to utilize the remainder of his/her accrued sick leave ·~ior to applying for long-term disability benefits. - • • • MEMORANDUM OF AGREEMENT Pase 16 • (d) Sick leave will not be granted for illness occurring during any leave of absence u11l ess the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. ~ection 2. Bereavement Leave. leave of absence with pay of three days may be granted an employee by the head of his or her department in the event of death in the employee's il'!lnediate family, which is defined for the purposes of this section as wife, husband, son, son-in-law, daughter~ daughter.:.in-law, mother, mother-in~law, father. father~in-law, brother, brother-in-law, sister, sistPr-in- 1 aw_, grandmother, grandmother-i n-1 aw, grandfather~ grandfa ther-in-1 aw, or a c 1 ose relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or s;ck leave. Request for leave with pay in excess of three (S} days shal? be subject to the approval of 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. Sect;on 3. Military Leave. The provisions of the Military anri Veterans• Code of the State of California shall govern the granting of military leaves of absence and the rights of employ~ec returning .from such leaves. Secti~n 4. Leave Without Pay. leaves of absence without pay may be granted in cases of illness not covered by sitk 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 tc duty. Requests for leaves shall not be unreasonably denied. Section 5. ~\aternity 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·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 during the leav~. Sick leave may not be used during the post-partum-leave of absence unless medical complications preclude returri ·to work_ as authorized by the physician. No combination of maternity leaves sick leave and vacation may exceed one year total or six rnor1ths' post partum. Section 6. Jury Duy and Subpoenas. Employees required to reP<>rt for jury duty or tc answer subpoenas as a witness in behalf of the State of Californfa or any of its agPncies shall be granted a leave of absence with pay from their assigned auties 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 regular shift following tim·. 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. perfonnance of the duties above, reasonable consideration shall be given to such factors as travel time and a period of rest. MEMORANDUM OF AGREEMENT Page 17 - When a combination of City work time and jury duty equals 1·' or more hours in the 24-hour period inmediately prior to the employee's shift starting time~ the employee wi 11 be all owed a rest period of eight hovrs. Any po rt ion of the rest period fa 11 i ng wi.thin thP. 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 7. Time Off to Vote. Time off with pay to vote in any general or direct primary election shall be granted. a:> provided in the State of California Llections Code, and notice that an employee desires such time off shall be given in accordance with 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 approved specialized training group~. Programs must either contribute to the employee's job perform- ance or p~epare the emplO!'ee for other City positi~ns, and must be approved in advance. City employees wishing to engage in educational pro!:;rams 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 Personneil 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 completed ·~s indicated. (c) Professional and technical emplGyees assigned by the City to attend meetings, works.hops, or conventions of their professional or technical associations shall 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 cas~ of disapproval of extension, revocatfon 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 ~~rking days from date indicated on return receipt. Section 10. · Personal Business Leave Char eable to Sick leave. AH employees shall be granted up to eighteen 18 hours personal business leaYe"chargeable to sick leave. The employee nee<l not disclose the reason for the personal business. The scheduling of such leave is $Ubject to the-approval of the appropriate level of Management. Section 11. The department shall make every effort to ensure that employees resuming work following a leave pursuant to Sections l-10 shall be returned to the assignment, shift1 and/or work location held irm1ediately prior to the leave. Jf the employee • • _ -~cannot be so assigned! be or she shall, upon request. be granted o meeting with department management to discuss the reasons for the change. Upon request, the employee shall be afforded Union representation at such a meeting. ~ MEf.IDRANDl.ft OF AGREEMENT Page 18 • • ~RTtCLE XI I I -WORKERS' COMPENSATION INSURANCF. • • Section 1. Industrial TemporarL.JliJlbil ity. (a) While temporarily disabied, employees shail be entitled to use accrued s-ick leave for the first three (3) days following the date of injury and thereafter shall be paid 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 £xceed sixty (60) days from date of injury. (b) For any temporary disability contit"!uing beyond the time 1 imits set forth in (a) above, employees shall be paid two-thirds (66 2/3%) of thefr full base salary at the time of injury for t'le duratior. of such temporary disability in confonnance with the State law. • (c) During the period of temporary disability, an ~ployee's eligibility for health, dental, life, LTD, or other insured program will continue. Deductions for · these programs must be authorized by the employee. City contributions will continue. In case of Subsection (a) above, the employee will continue to accrue vacation a~d sick leave benefit~~ In the case of Subsection (b), sick leave and vacation benefits shall not be accrued. -Settion 2. Training for Perw~nently Disabled Employees. In the case of pennanent disabil;ty 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, 11 Rehabilita- tion11, Sections 1001 through 10010, of the California Administrative Code, which provides that a public agency will make available to qualified injury workers such a rehabilitation program. Such re~abilitation benefits are additiona1 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 ~enefits, the City will meet with the employee and Union representative or legal counsel if desired to consider forlllJlation of an appropriate and reasonabl~ program. ARTICLE XIV -BENEFIT PROGRAMS Section 1. Health Plan. The City shall pay all premium payments on behalf of employees who a1'e el i9ible for coverage_ under the heal th pi ans as described in Subsection (a) and (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, including the Drug Plan III option. ·_ {b) Employee and dependent coverage under the existing City of Palo Alto Employees 1 Health Pl~n with major medical maximum of $250,000. (c) The City shall, upon submittal of evidence of payment, reimburse up to $60 per quarter of medical plan premiums on behalf of representation unit employees who retire from the City under service or disability retirements after April 1, 1978. The retire~ may select any medical plan. The plan may cover eligible dependents as defined under the City Employees' Health Plan. No reim- bursements will be made for plans providing benefits other than medical and health benefits. HEMO~UM OF AGREEMENT~ Page 19 • '" Section.2. Dental Plan. T~e City-shall pay all premium payments on behalf of • employees, ~nd one dependent of employees, who are eligible for coverage under the City's self-funded dental program, except that employees will pay the following amounts for multiple dependent coverage: Two or More Dependents $7 .80 per month Effective with the pay period which includes April 1, 1979, the City shall pay all premium payments on behalf of employees, and all dependents of employees who are eligible for coverage under the City's self-funded dental program. The City shali assume any pranium rate increase in existing employee and dependent dental coverage. · Section 3. Basic Life Insurance. The City agrees to continue the basic iife insurance plan as curreritly in effect for the term of this Memorandum of Agreement. Section 4. Deferred Comoensation. The City shall make available the necessary payroll deduction and other procedures to provide a deferred compensation plan. .. . --. Section 5. Long Term Disability Insurance. The City ~hall continue the long term disability insurance plan currently in effect for the term of this Merrurandum of Agreement. Employee coverage is subject to a VQluntary payroll deduction of the insurance premium applicable to the first $2000 of monthly salary for Plan B or the first $1800 of monthly salary for Plan A; the City will r~y premiums in excess • thereof. The City will pay up to $10 per month of premium for those em~";"lyees with- out eligible dependents covered under the health insurance provisions.·, Effective with the pay period which includes April 1, 1979, the City will pay up to $15 per month toward long term disability insurance premiums for those employees without eligible dependents covered under the health insurance provisions. Section 6. Utility Discount. Eligibility for utilit./discount. for employees with employment dates beginning after Apri1 1, 1977, will be discontinued. ARTICLE XV -RETIREMENT The City will continue the present benefits under the Public Employees' Retirement System 1/50th at age 60 formula ~ct. Employees who retire and were employed by the City on or before Apri 1 1, 1977, and spouses of deceased employees who were employed by the City on or before 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, refuse disposal area, golf course and swirrming pools. ARTICLE XVI -PARKING The City shall provide all employees 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 m1.1tua1ly a9reeabl c work 1 ocations. ~ • • • • MEMORANDUM OF AGREEMENT Page 20 • ARTICLE XVII -PHYSICAL EXAMINATIONS If any non-probationu.ry employee who is required to have a City-provfded ph~ sic::al examination not related to workers• compensation programs disagrees with the findings of the City-sponsored physician, he/she ir.ay t::onsult with his/her own physician and, if his/her private physician's report_ conflicts with that of the City physician in terms 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 th2 en:;>loyee to -perfonn-his/her work in his/her regular job within exposing himself/herself to -further injury as a result of his/her condition shall be the basis for returnin3 the employee to his/her regular work. -- • ARTICLE XVIII -SAFETY Section l. Health and Safety Provisions. The City shall furnish and use s~fety devices and safeguards and shall adopt and use practices, means, methods, operations --arid--processes which ar~ reasonably adequate to render such employment and place of employment safe, in confonnance with applicable safety regul:ltions under the State Labor and Administrative Code sections. The City shall not require or pennit any employee to go into or be in any employment or place of employment which is not safe . Section 2. Union will cooperate with the City by encouraging all employees to perfonn their work in a safe manner. Section 3. Safety Corrmittees and Disputes. Safety comnittees composed of management and Union stewards in the below iisted organizations will meet no less than ten times annually to discuss safety practices, methods of reducing hazards, and to conduct - safety training. This shall in no way remove the basic responsibi1ity of safety from Management nor shdll it in any way alter the responsibility of the employee to report unsafe conditions directly and irrmediately to his or her supervisor. Social and Conmunity Services Public Works Streets Public Works Parks Water-Gas-Sewer Field Operations Light and Power Field Operations Water Qu~lity_Control Building Maintenance Equipment Maintenance Buiiding Services (a) A conmittee composed of one Fire Department representative, one Police Oepart- ment representative, two Union representatives, and the City Safety Officer will meet at least quarterly concerning safety-matters of the Civic Center . (b) A ten-member City-wide Union/Management safety coll1llittee with e 1ua1 Union and Management membership will meet upon call, but nQ 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 co1T111ittees. The coritnittee shall review-'11 departmental safety programs and recolllllend changes where necessary. · - e " MEMORANDUM OF AGREEMENT • .. Page 21 (c) In cases of dispute over safe working conditions the employee wn l first report • such unsafe conditions to l1is or her supervisor and every attempt will be mJde to rectify the problem at this. level. The employee may contact his or her st_eward to assist in the res-olution of the dispute. If the problem cannot be resolved the Administrator of Safety wil1 be contacted and the problem will be addressed through the interpr~tation of the basic safety ruies and regulations. Should the problem not be resolved at this step, the grievance procedure will be utilized. Safety grievances sha 11 be submitted at Step II I. ARTICLE lIX -GRIEVANCE PROCEDURE Section 1. The City and the Union recognize that early settlement of grievances is essential to sound employee-employer relations. The parties seek to establish a mutualiy satisfactory method for the settlement of employee grievances, or Union grievances as prov;ded for below. In presenting a grievcnce, the aggrieved and/or his or her representative is assured freedom from restraint, interferrencet coercion, distrimination or reprisal. Release time for investigation 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 interpretation of rules, regulations~ policies, procedures, Memoranda of Agreement or City ordi- nances of resolution, relating to terms or conditions of employment~wages or fringe benefits. ~ (b} An appeal from a disciplinary actiot1 of any kind against-.an employee covered by this Memorandum of AJreement. Section 3. Conduct of Grie~ance Procedure (a) An aggrieved employee may be represented by the Union or may represent himself/ herself in preparing and presenting a grievar.ce at any level of review.· Grievances may also be presented by a group uf employees. No grievance settle~ ment may be made in violation of an existing merit rule or memorandum of agre~­ ment. The Union will be notified prior to the implementatio:1 of any settlement made whfch affects the rights or conditions of other employees rP.presented by the Union. (b) An employee and the representative steward, if any, may use a reasonable amount of work time so long as there is no disruption of ~~rk, in conferring about and present1ng a grievance. Beginning with the third step of the grievance procedure, the Chief Steward or A1ternate Chief Steward may assist in presenting a grievance and may be present at a 11 Step II I> 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 review·: ;oncerned. (d} Should a decision not be rendered within a stipulated time limit, the aggrieved • employee may irrmediatcly 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. • • • r'::i~0~.~.i~DUM OF AfqEEMENT ?.-~e 22 (f) If appropriate, 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 forms provided by the City or on forms 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 retroactivity 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 !lrievance procPdure. The Linion may also file a grievance in those instances 1·1hen, under this Memorandum of Agreement, a Union right not directly related to !n individual employee becomes the subject of dispute. Union grievances shall :omply with all of the foregoing provisions and procedur~s. Section 4. Grievance Procedure. · -~ Step I. The aggrieved employee will first attempt to resolve the grievance through infcrma1 discussions with his or her imnediate supervisor by the end of ti1e tenth working day following the discove~y of or .the incident upon which the grievance is based .. Every attempt ¥-ill 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~. If the grievance is not resolved through the informal discussion, the employee 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 ill¥1lediate 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 worki~g days of the receipt of the division head's response. The department head sh~ll have ten working days from t~e receipt of a written grievance to review the matter and convey his &r her decision by written statement. Step IV. If the grievance is not resolved at Step Ill, 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's resposne. The Personnel Director shall convene an Adj11st~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 appoi~ted by the City Manager. · • The Adjustment Board is empowered to call City emp1oyees as witnesses. · Within the context of Step IV, the Adjustment Board will have the same powers and limitations to settle grievancP.s as an a:"bitrator. MEMORANDUM Of AGREEMENT Page 23 • A majority decision of the Adjustment Board shall be final and binding. The Adjust-• ment Board shall render its findings and decisions {if any) to the parties within ten working days of its meeting. · s~. 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 Managar or through appeal to final and binding grievance arbitration. For the term of this Memorandum of Agreement, appeals to final and binding grievance arbi- tration may be processed only with Union approval. All Step '' appeals must be filed in writing at the Personnel Department Office within ten working days of receipt of the Adjustment Board 1s disposition under Step IV. If the aggrieved employee elects final and binaing resolution by the City Manager. the City Manager will 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 involved 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 mutual"ty request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service, and select an arbitrato:· by the alternate strike method. The arbitrator shall have jurisdiction and authority only to interpret, apply, or • detennine 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 employment, 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: l. Regarding matters of interest. 2. Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. ?. Granting any wage increases or decreases. The arbitrator shall be without authority to require the City to delegate or relin- quish any powers which by State law or City Charte~ the City cannot delegate or relinquish. 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 sh~Jl first be decided by the arbitrator using the standards and criteria set forth in Article XX and without regard to the merit5 _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 attempt to resolve the grievance. If no resolution is reached, the arbitni1.or will resume the hearing and hear and resolve the issue on the merit~. 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 st:ared equally by the City and the aggrieved employee or the Union. • I I I le • • ME.~OMNDUM Of AGREEMENT Page 24 • ARTICLE XX -UNSATISFACTORY WORK OR CQNDUCT AUD DISCIPLINARY ACTION The City has the right to discipline, derr.ote~ or discharge employees for unsatis- factory work or conduct.· Non-probationary employees \'/hose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Fanure to correct deficiencies and improve to meet standards may result in discipli~e, demotion? or discharge. · Notice of di sci pl inary action must be in writing and servc~d on the employee in person or by registered mail prior to the disciplinary action becoming effective. However, the empioyee may be removed frcm pay status immediately pending such disciplinary action. The notice must be filed on a timely basis with the Personnel Department and included in the employee's personnel file. The notice of di~ciplinary 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 wh1ch the causes are based; (e) Copies of any documents or other items of evidence upon which the di::icipl inary action was fully or in part based, {f) St<ttement advising the employee of his/her right to appeal from such action, and the right to Uni on representation. ·. . If the disciplinary action consists of suspension~ any suspension time previously given 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 not made subject to negotiation by adoption of this Memorandum of Agreement~ ARTICLE XXII -OUTSIDE EMPLOYMENT The provisions of Arti~le 4.7 of the Government Code of the State of California will govern the determination of incompatible outside employment . ARTICLE ~~!JI -WORK STOPPAGE AND LOCKOUTS ' -The City agr~es that it will not lock out employees and the Union agrees that it will not engage in any concerted work stoppage m~ slowdown during the term of this Memoraodum 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. . e . .,a MEMORANDUM OF AGREEMEN,..... Page 25 • ARTICLE XXIV -PROVISIONS OF THE LAW ., This Memorandum of Agreement is subject to all current and future applicable Federal and State laws and Federal and state regulat1ons 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 1nvalid by reason of any existirg State or Federal legfalation, 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 renaining portions are severable. This Memorandum of Agreement shall becom~ 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 ever any conflicting Merit Rules and Regulation~. The c;ty and the ,Union agree by signing this Memcrandum of Agre~1~nt that the wages, hours, rights and working conditions contained herein shal 1 be co. ,-:11ued in full force during the tenn of this Memorandum of Agreement except as otherwise provided for in the Memora~dum of Agreement and shall be binding on both the City and the Un~cn upon ratification by the Council of the ~ity of Palo Alto and upon ratification by fJnion membership. ARTICLE XXV -T~RM The tenn of this Memorandum of Agreeanent shall coamence on April l, 1978, and shall expire on Mar"ch 31. l 980, except, however, the tenn and specified direct cost i terns are subject to the provisions of Memorandum A. Either.party may serve written notice upon the other party during the period between ninety and sixty 4ays prior to March 31, 1980 of its desire to amend this Memorandum of Agreement. lf, at the time this Memorandum of Agr'eement would otherwise tenninate, the parties are negotiating a new Memorandum of Agreement, upon lrlltual agreement the tenns and conditions of this Memorandum of Agreement shall continue in effect. EXECUTED: APRIL 18, 19i8 FOR C UY OF PALO AL TO -~-~ • • • : '. '~E~RANDUM OF AGREEMENT. Page 26 • FOR LOCAL 715A! SEIU, AFL-CIO, CLC &<ti>-~·~~~<~~I -. --- • •• • --• . . .. . . APPENDIX A 4/78 Class Approx Monthly Salary • Number Class Title at E-Step 351 Adm Zoning 2138 701 Admin Assistant 1868 355 Analyst Traffic Move 1794 277 Animal Attendant 1187 276 ·Animal Control Off 1275 278 Animal Health Tech 1248 • 353 Assoc Planner 1833 298 Asst Bldg Inspector 1274 330 Asst Engineer 1903 249 Asst Storekeeper 1209 382 Auto Service Mech 1402 383 Auto Service~erson 1331 •• 242 Bicycle Technician li42 385 Bldg Eqp Mai~t Trainee 1331 299 Bldg Inspector 1755 372 Bldg Service Asst 1053 370 Bldg Serviceperson l 197 371 Bldg Serviceperson-Lead 1275 246 Buyer 1679 245 Buyer/Cle:rk 1449 536 Cathodic Technician 1696 408 Cement Finisher 142~ 409 Cement Finisher-Lead 1532 502 Chemist WQC 1922 • 238 * Chief Co11YTiunicator 1513 * 1560 * By previous agreement, the salary range for this classification will be increased by $45 at the £-Step effective with the implementation of the North County Con~unications -Center. · • Class Number 537 506 247 301 204 205 306 309 2S.5 233 226 260 • 267 264 272 310 217 218 229 225 316 313 • APPENDIX A -2- Class Title Chief Meterperson Chief Oper-WQC Chief Storekeeper City Ord Comp Insp Contrl/Acct Clerk A Gontrl/Acct Clerk B Conmun Technician Corrmun Technician-Lead * Conmunicator Comp Oper-Cntrl Clerk Comp Oper-Progra1m1er Coord l.ibt'.Jry Circ Coard Rec Program Coord Soc-Corrm Svcs Coord Sr Adult Svcs Cost Estimator Credit-Coll Rep Cust Ser~ice Clerk Data Entry Op Chief Data Entry Operator Design Tech Elect Design Tech W-G-S Approx Monthly Salary At £-Step 1705 1670 1400 1631 1254 1105 • 1735 1859 1417 * 1464 1254 1508 1391 1735 1419 i579 1764 1357 1192 1187 1114 1612 1612 . • * By previous agreement, the salary range for this classification will be increased by $45 at the £-Step effective with the implementation of the North County Con111unications Center. · ·APPENDIX A • .3 .. Class Approx Monthly Salary • Number Class Title at £_-Jiu~p 534 Driver Groundprsn 1401'.) 307 Elec Sys Dispatcher 1766 302 Elec Undgrnd Insp 1776 315 Elect Map Oraf tspers 1436 533 Electrical Asst I 1464 · fAl Electrical Asst II 1010 530 Electrician 1696 535 flectrician-Lead 1813 311 Engr Tech I 136~ 323 Engr Tech II 1482 319 Engr Tech I II 1655 396 Equipment Operator 1400 397 Equipment Operator-Lead 1499 373 Fae Carpenter-Lead 1639 374 FacilitiP-s Carpenter 1532 •• 375 Facilities Elect 1532 376 Facilities Mech 1532 377 Facilities Painter 1532 211 File C1erk 941 458 Gang Mower Operator 1291 489 · Gas Sys Field Repair 1475 488 Gas Meter Repair 1435 200 General Clerk A 1218 201 General Clerk B 1114 202 General Clerk C 1036 459 Golf Cor Maint Asst 1275 314 Graphics Specialist 1464 457 Greens keeper 1523 452 Groundskeeper . 1244 391 Heavy Eqp Oper-Lead 1573 390 Heavy Equip Op ,~475 305 Housing Imp Advisor 1868 • 303 Inspector -~W 1955 . . I ,. APPENDIX A -4- • Class A~prox Monthly Salary Number Class Title At E-Step 268 Inst Arts/Crafts 1535 284 .Jr Museum Zoo Attd 1270 333 Junior Engineer 1679 503 La!>oratory Tech-WQC 1549 450 landscape Gardener 1345 222 Legal Secretary 1343 251 Librarian 1402 253 Library Assistant 1062 • 252 Library Associate 1187 532 lineper/Cable Spl-Lead 1813 531 Lineper/Cab1e Splicer 1696 213 Mail Clerk 1064 505 Maint Mech-WQC 1527 490 Mech Unit Repair 1428 • 241 Meter Reader 1284 240 Meter Reader-lend 1374 381 -Motor Equip Mech-Lead 1639 380 Motor Equip Mech i 532 282 Naturalist 1521 230 Offset Dupl Mach Op 1180 454 Park Maint Asst 1218 451 Park Maintenance 1353 281 Park Ranger 1376 243 Parking Monitor 1170 209 Pennit Investigator 1365 352 Planner 1960 318 Planning Dev Analyst 1618 304 ~lans Check Engr 2086 207 Police Clerk A 1218 208 ·Police Clerk B 1114 210 Police Desk Clerk 1218 • 203 Prin Control Clerk 1319 269 Prin Prod Art Prog 2099 -· APPENDIX A I -5- Class Approx Monthly Salary • Number Class Title at E-Step 332 Prfocipal Engr 2322 350 Principal Planner 2123 270 Producer Arts Prog 1535 232 Prag-Analyst A 1950 231 Prog-Analyst B 1629 265 Program Assistant 1253 414 Refuse Oisp Atted 1254 220 Secretary A 1275 221 Secretary B 1187 214 Senior Ci erk-PW 1300 461 Sprinkler Sys Repair 1376 449 Sprinkler Sys Rpr-Lead 1471 300 Sr Bldg Inspector 1868 504 Sr Mech-WQC 1811 405 St Maint Asst 1218 • 392 St Sweeper Oper 1417 248 Storekeeper 1284 256 Supv Cataloging 1573 257 Supv Children's Svcs 1573 259 Supv Branch Lib 1573 317 Supv Engr Svcs 1917 266 Supv General Rec 1688 254 Supv Main Library 1703 255 Supv Mitchell Pk Lib 1685 -273 Supv Recreation 1419 406 Traf Cont Maint I 1428 412 Traf Cont Maint II 1317 407 Traf Cont Maint-Lcad 1532 435 Tree Ma1nt Asst 1244 434 Tree Maint Person 1360 430 Tree Tr1m/Line Clear 1426 431 Tree Trim/Line Clear-Lead l 523 -· . • I .. • • APPENDIX A -6- • Class Approx Monthly Salary Number Cla.ss Title at E-Step 432 ·rree Trim/Ln Clr Asst 1343 400 Truck Driver 1310 215 Typist Clerk 1053 308 Util Inst Tech 1724 223 Util Plt Acct Secty 1343 492 -Utilities Trainee 1001 486 Utility Serviceperson 1495 481 Utl Install Rep Asst 1336 483 Utl Install Repr.Help 1209 480 Utl lnstall+Repair 1501 479 Utl lnstall+Repair-Lead 1603 274 Volunteer Coard 1535 484 Water Meter Repair 1435 485 Wtr Meter Exch Person 1317 • 500 Wtr Qual Ctl Plt Op 1466 507 Wtr Transm Oper 1466 • I APPENDIX B APPRENTICESHIPS UTILITIES TRAINEE WATER-GAS-SEWER leads to various positions within Water-Gas-Sewer and/or Water··Qual ity-Co"ntrol. UTILITIES TRAINEE leads to E1ectrician/Lineperson position. BUILDING AND EQUIPMENT M.~Hfff.:NANCE TRAINEE leads to the following positions: 4/78 Facilities Carpenter Facilities Mechanic Motorized Equii:xnent Mechanic Facilities Electrician Facilities Painter .. • • • .. I . . • • APPEHDIX C ROTATIONAL LEAD POSITIONS Department Position Light & Power lineperson/~ble Spl i_cer -lead Water-Gas-Sewer Utility Installer-Repairer -Lead • \ • Department/Division FIRE DEPARTMENT UTILITIES DEPARTMENT Treasurer's Office PLANNING DEPARTMENT COMMUNITY SERVICES DEPARTMENT Arts Division · I , I • .. APPENDIX 0 EXCEPTIONS TO STANDARD ~JORK DAY OR WORK WEEK FOR • SEIU REPRESElffATION UNIT Classification Secretary A (one only) Utility Serviceperson Principal Planner Planner Traffic Analyst Volunteer Coot·d i na tor Work Oat or Work Week Variation 4 days on/4 days off (by departmental agreement} Work week complies with Fair · Labor Standards Act but involves schedoling of 7 days on~ 2 off; 3 days on, l off; 3 days on, 1 off; 7 days on, 3 off; 5 days on, 3 off; over a five-week cycle. Works 40 hours per week as follows: Monday, Thursday -9!2 hrs et'lch Tuesday -6!z hrs Wednesday -7~ hrs Friday -7 hrs . • Works 30 hours per week as follows: Monday, ~ednesday-7 hrs each Tuesday~ Thursday-8 hrs each Works 40 hours per week as follows: Monday -7 hrs Tuesday, Wednesday, Thursday -9 hrs each Friday -6 hrs Each week (30 hours}: 15 hrs of unscheduled time; 15 hrs of scheduled time --• . . . . • • • • I ' APPENDIX E 1. For employees in the following operations assigned to work schedules other than Monday through friday, the calendar day will be considered the holiday for premiuw pay or in-lieu scheduling purposes: Communications Water Quality Control Animal Control Golf Course Utilities Services Landfi 11 Foothills Park 2. If December 24 and 31 fall on Sunday, then the preceding Friday will be designated for purposes of the half-day holiday, except in the case of Social/Cormiunity Services staff who may be scheduled to work on Saturday, in which case Saturday will be designated for tt1e ha 1 f-day holiday. For Foothills Park per- sonnel, designation of half-day holiday will be based on Park schedules and employee preference . I - I I , I APPEl:OIX F City of Palo Alto Employees' Health Plan changes as agreed effective April 1, 1978: 1. Added as a covered charge and-Major Medical benefit subject to a deductible and•payable at 100%: one routine pelvic examination, including Pap Smear, per calendar year fur covered employees and dependents. 2. Under Retired fmployees 1 Health Plan, the lifetime maximum is increased to $100,000 for each eligi~le manber retiring and electing coverage after April l, 1978. • . . • • •• • I ' MEMORANDUM A Proposition 13 Contingency If Proposition 13 passes in the June 6, 1978, direct primary election, the follow;ng provisions will apply to the Meiri0randum of Agreement dated April 1. 1978: 1. Within the 67-day period following June 6, 1978, and ending August 12, 1978, the parties shall meet and confer regarding the newly negotiated direct cost items (list attached) contained in the Meroorandum_of Agreement dated April 1, 1978. Agreements reached during such negotia- tions shall not exceed the direct cost agreement included in the April 1, 1978 Memorandum of Agreement nor be less than direct cost items in effect as of March l; 1978. The City shall provide the Union with reasonable infonnation concerning Proposition 13 contingency plans and associated data. If the effective date of Proposition U is post- poned, the 67-day negotiating period ~hall be postponed until Proposition 13 becomes effective. For purposes of defining a delayed effective date, the date shall be the date on which partial or full property tax funding begins to be withheld as a result of passage of Proposition 13. 2. If agreement is not reached by midnight August 12, 1978, or be a delayed date as provided in #1 above, all direct cost items for SEIU represen- tation unit employees will revert to those in effect as of March 1, 1978. In this event the Union may at its option withdraw from the Memorandum of Agree~ent dated April l, 1978. Regardless of whether the Union with- draws from the April 1, 1978 Memorandum of Agre~ment, if agreement is not reached pursuant to #1 above, meet-and-confer negotiations will resume on a timely basis prior to April 1, 1980, except that at its option the Union may upon 90 to 60 days notice declare that the Hemorandu,.1 of Agreement shall tenninate on March 31, 1979 and begin to meet and con- fer for a new ayreement to take effect April 1, 1979. · 3. Any disputes over interpretation of this Memorandum sha 11 be processed through the Article XIX Grievance Procedure. Both parties agrP.e to expedite such processing. , I MEMORANDUM A Pro~osition 13 Contin~ency Page 2 The newly negotiated direct cost items contained in the Memorandum of Agreement dated April 1, 1978, are: • Effective with the pay period which includes April 1. 1978 6% sala~y increase Night ·shift differential increase by 10¢ to 50¢ per hour • Effective with the pay period which includes April 1, 1979 6% salary increase APPROVED: Fully paid dependent dental coverage increased by $7.80 per month LTD City contribution raised to $l!;·from $10 per month for.those employees without eligible dependents covered under the health insurance provisions FOR LOCAL 715, SEIU FOR CITY OF PALO ALTO a+c.~ bate ' .. ~' .. •