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Home My WebLink AboutRESO 5792,. ~-~' ·---- ORIGINAL BESOLUTION NO. 5792 RESOLUTION OF TBB COUNCIL OP THE CITY 01' PALO ALTO AMENDING SECTION 140 l or TD MERIT SYSTBM ROLES AND UGULATIOllS The Council of the City of Palo Alto 4oea RESOLVE aa follows: SECTION 1. Section 1401 of the Merit Syet• Rules and Regulations is ~•ended to read as followas •1401. Memorandum of agreement inco~rat~ by reference. ~certain memorandum o! a9ree•nt, at.a iiiy 12, 19'80, by and between the City cf Palo Alto and Local 715A, SEIU, AFL- CIO, CLC, consisting of a Preamble and Article• I through XXV with five appendice• attached thereto and incorporated therein for a term commencing May l, 1980, and expiring April 30, 1982, is hereby incorporated into these Merit System Rules and Regulations by reference as though fully set forth herein. Said meaorandwn shall apply to all employees in classifications repreaented by aaid Local 71SA, SEIU, AFL-CIO, CLC, except where specifically provided otherwise herein. "In case of conflict between this chapter and any other provision of the Merit System Rules and R99ulations1 this chapter will prevail o·ner such other provision as to employees represented tr.1 said Local 71SA, SBIU, APL-CIO, CLC.• SECTION 2. The changes providea for in this resolution shall not affect any right established or accrued, or any offense or act committed, or any penalty or forfeiture incurred, or any prosecution, suit, or proceeding pendinq, or any judgment rendered prior to the effeC'!tive date of this resolution. SECTION 3. 'l'he Council of the City of Palo Alto hereby finda that the enactiii\t of this resolution ia not: a •project• within the meaning of that term as defined in section ll.O.t.130 o~ t!b• Palo Alto Municipal Code and, therefoi.-e, no envircmMntal aa•••-n~ ia neceaaary. INTRODUCED AND PASSED; -Hay 12, 1980 AYES: -arenner, Eyerly, Fazzino, Fletcher, Henderson, Levy, Renzel, Sher NOBS: None ABSENT: Witherspoon ABSTBN'l'IOIS: None i ~. rec r o 9• an Resource Manag ... nt ~~( cl y Oil 0 r - ... , ' .. •' , • MEMORANDUM OF A'1Qet/\tt1T May 1, 1980 -April 30, 1982 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 Pdlo Alto. The Agree'™=nt contains infonnation about wages, hours and fringe benefits as well as the terms and conditions of employment for classifications within the representation unit. We hope you will keep this Memorandum of Agreetr~nt for reference as needed and familiarize yourself with its contents. CITY PERSONNEL DEPARTMENT City of Palo Alto 250 Hamilton Avenue Polo Alto, California (415) 329-2401 LOCAL 715 A, SEIU 541 Middlefield Road Redwood City, California 94063 (415) 368-2859 HOT LINE -2454 ' f • , Article I II III IV v VI VII VIII IX x XI XII XIII XIV xv XVI XVII XVIII XIX xx XXI XXII XXIII XXIV xxv XXVI • TABLE OF CONTENTS Recognition ............................... . No Discrimination ......................... . Union Security "'"'. OI ...................... ol) ....... . Stewards .. II: ............ " ....... ~ •••••••••••••• Reduction in Force .................................. . Personnel Actions ••••••••.••••.••. , , .•••••• Pay Rates and Practices ..•....•.•.•........ Hours of Work, Overtime, Premium Pay ••••.•• Unifonns and Tool Allowances ........•...... Ho 1 i days . . . .. .. . . . ~ . . . . • . • • . . .. . • . .. . .. . . . . .. . .. . . Vacations ........... " ......... ~ .................... . Leave Prov1 s ions .••.......•....•...•.•.•.• , Workers' Compensation Insurance •••...•••••. Benef1 t Programs •••••••.•••.••••••••••••••• Ret 1 renle'n t . . . . . . . . . . . . . . . . . ... ,, . . . . . . . . . . .. . Parking .............. , ........................ . Phys1ca1 Examinations ..................... . Safety ......... o .................. o •••••••••• a .......... . Grievance Procedure ••••••.••••••••••••••... Unsatisfactory Work or Conduct and Di sci p 11 nary Act ion ..................... . No Abrogation of Rights •••.•••..•.••••••.•. Outside Employment .•••••••••••••••••••••••• Work Stoppage and Lockouts ••••••••••..••••• Provisions of the Law •...•..•••.••.•..•..•• Cost Reduction Programs .••..•••••..•...•..•• Tenn ~ ........................................... . Appendix A Appendix B Appendix c Appendix D Appendix !:' .. Appendix F Page 1 l 2 3 4 5 8 11 14 16 11 18 21 22 23 23 24 24 25 28 28 28 28 29 29 29 1980-82 MEMORANDUM OF AGREEMENT • City of Palo Alto and Local 715A. SEIU, AFL-CIO, CLC PREAMBLE • This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter referred to as the City) and Local 715A Service Employees International Union, AFL-CIO, CLC (hereinafter referred to as the Union}. Employee, for the purposes of this Memorandum of Agreement, shall mean an employee assigned to a classifica- tion within t~: SEIU unit. This Memorandum of Agreement is pursuant and subject to Sectionf .!:'lli ~ 3510 of the Government Code of the State of California and Chapter 12 of tile City of Palo Alto Merit Rules and Regulations. ARTICLE I -RECOGNITION Section 1. Pursuant to Sections 3500 -3510 of the Government Code of the State o1 California and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes the Union as the exclusive representative af a representation unit consisting of all regular full and part time employees in the classifications listed in Appendix A attached. Thi~ unit shall for purposes of identification be titled the SE:U unit. Section 2. No supervisor will perfonn the work of an employee in the SEIU unit proviaea that there is an employee available who regularly perfonns such work. This does not preclude a supervisor from perfonning work of a minor nature or during bona fide emergencies or on a standby status when willing and qual ifled unit employees de not live within a reasonable response time of the Municipal Service Center. Supervisory personnel shall be called out to perform unscheduled work only when SEIU unit employees are unavailable to perform such \rlOrk or in cases of bona fide emergencies as defined in Article VIII, Section 2. In cases of bona fide emer- gencies, SEIU unit employees shall be called out to complete the necessary work after the 1naediate emergency situation has been reasonably contained. ARTICLE II -NO DISCRIMINATION t Sectio~ 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 sex unless sex 1s a bona fide occupational qualification ~s def ,ned in Federal or State law. Section 2. The City and the Union ~gree to protect the rights of all employees to exercise their fr2e choice to join the Union and to abide by the express provisions of applicable State and local laws. • • • MEMORANDUM OF AGREEMENT Page 2 Section 3. The City and the Union will cooperate in pursuing a policy of affirmative action. Any City-established advisory employee colTITlittee relating to affinnative action shall provide fair Union representation on that conrnittee. ARTICLE III -U~ION SECURITY Section 1. When a person is hired in any of the covered job classificationss the City shall notify that pc.:orson that the Union is the recognized bargaini1.g repre- sentative for the er:-~loyee in saia Unit and give the employee a current copy of the Memorandum of Agreement. Section 2. Maintenance of Membership. All Union members on payro11 ded~ction for payment of Union dues on the day of the signing of this Memorandum of Agreement must remain on payroll deduction for the life of this Memorandum of Agreement or so long as they remain w.embers of the representation unit. Union members who establish dues payroll deduction during the tenn of the Memorandum of Agreement must remain on payroll '1eduction for the 1 ife of this Memorandum of Agreement or so long as they remain me:ilbers of the representation unit. Union members on dues payro'll deduction may declare their intention to tenninate such payroll deduction following expiration of this Memorandum of Agreement during the 30-day period between 60 and 90 days prior to expiration of the Memorandum of Agreement. The City will notify the Union of all payroll deduction cancellations under this provision. Section 3. The City shall supply the Union with: a. 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 addresses, in which case infonna.tion will be transmitted without address. b. a list of representation unit new hires, terminations and retirements which occurred during the previous month. 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 De'artmental Mail. The Union shall have access to fnter-office mafl, existing bullet n bOafds in unit employee work areas, and exfstfng Union-paid telephone answering device for the purpose of posting, transmitting, or d1str1buting notice or anoouncements 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 tpproval will be taken within 24 hours of submission. • MEMORANDUM OF AGREEMENT Page 3 .. Section 6. Access to Union Representatives. Representatives of the Union are authorized acces.s to City work locations for the purpose of con~Jcting business within the scope of representation, provided that no disruptioa of wo~k is involved and the business transacted is other than recruiting of members or collecting of dues, and the representative must notify the Personnel Department Office prior to entering the work location. • Section 7. Meetinr Places. The Union shall have the right to reserve City meeting and conference rooms for use during lunch periods or other non-working hours. Such meeting places will be made available in confonnity with City's regulations and subject to the limitations of prior c0111nitment. Section 8. Notification to the Union. The Union shall be informed in advance in writing by Man~gement before any pr~posed 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 1ns1de 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 Counc;1 meeting agendas= minutes and schedule of meetings. These materials may be picked up at the City Clerk'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 officer$ and stewards who receive and investigate grievances and represent employees before Management. Alternates may be designated to perform steward functions during the ab~ances or unavailability of the steward. Section Z. The number of stftQ_v·,; 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 disruptton of "'°rk, stewards shall i:;e-allowed reasonable release time away frDlll 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 me3ting with Management. c. Investigation and preparation of grievances. ' • MEMORANDUM OF AGREEMENT Page 4 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 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 cards. Section 6. Union stewards may utilize space in assigned desks for storage of Union materfiis. In the event stewards are oot assigned desks the City will provide locker space for storage of Union materials. ARTICLE V -REDUCTION IN FORCE Section 1. In the event of reductions in force, they shall be accomplished wherever possib1e through attrition. Section 2. If the work force is reduced within a department5 division. or office for reasons of change in dut·ies or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified~ tra1ned, and capable of performing remaining work. Length of service for the purpose of this article w1"11 be based on total City service in a regular cla~siffcation or classifi- cations. Emp1oyees laid off due to the above reasons will be given written notice at least ·i;.h1rty days prior to the reduction in force. A copy of such notice wi 11 be given to the Union. Such employees shall be offered priority employment rights to regular or casual positions which ~re 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 reclassified under this section will be assigned to the step in the new classification salary range closest to the employee's salary range at the time of reclassification. Section 3. Employees identified f~~ layoff who have seniority {bumping) rights to equil or lower paying classifications within their division R1Jst declare their intention to exercise these rights within five {5} working days afte~ written noti- fication of layoff, otherwise bumping rights will automatically terminate. Bumping shall not occur outside the division, except that employees subject to layoff, who during the 24 month period 1111nediately previous to the layoff date, held other classes anywhere in the representation unit shall be allowed to exercise seniority to bulnp einployees in such other classes. To successfully bump, the employee 111.1st be fully qualified, trained, and capable of ~rfonning all work in the new classification. An employee who declares bumping rights may not also claim priority employment rights. Fer purpose!: of this section of the Agreement, the tenn 11working days" shall mean Mondays through Fridays, exclusive of holidays. MEMORANDUM OF AGREEMENT Page 5 • • Section 4. Re-Em¥1o~nt List. The names of persons laid off or who through bumping changed c as~ication 1n 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 divisi~~ re-employment list for a particular class1fi- cat1on when a vacancy exists in that classification in that division shall be offered the appointrr1ent. No name shall be carried on a re-employment list fnr 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 sha11 p~y the employee a severence pay equal to one month's salary at the employee's final rat.e of pay prior to termination. I Section 6. Employees laid off pursuant to Section 2 who are reinstated to a regular position within sixty days ~~all 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'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 period of six (6) months. conmencing with the first day of his/her employment. The probationary per1od shall be regarded as a part of the testing process and shall be utilized for closely observing the employee•s work, for securing the effective adjustment of a new employee to his/her position, and for rejecting any probationary '· employee whose perfonnance does not meet the acceptable standards of v.ork. At least one written perfonnance appraisal will be given each probationary employee on or before expiration of the probationary period. Normally this appraisal will be given at the end of the third month. In the event of tennination prior to successful complet1on of the probationary peri?d, such tenn1nated employee shall be given written notice of his/her tennination with the reasons for the tennination stated therein. The Personnel Department shall, upon request, afford an interview in a tiw~ly fashion to the tenn1nated employee for dis- cuss·ion of the reasons for tt?nnfnat1on. The employee may, upon request, be accompanied by a Union representative. The interview shall not be deemed a hearing nor shall it obligate the City to ri:consider or alter the termination action. The parties agree that probationary employees shall have all rights under this Memorandum of Agreement, includ1ng fu11 and complete access to the grievance procedure, save and except for instances of suspension, demotfon or tenn1nat1on. • • • MEMORANDUM OF AGREEMENT Page 6 Section 2. Personnel Evaluations. Personnel evaluations will be given employees as scfiedu1ed 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 h1gher level of Management, in con- sultation ~ith the Personnel Department. For purposes of this r~view, the employee may be represented by the Union. Decisions regarding evaluation appeal shall be made in writing within ten (10) working days following the review meeting. Section 3. Personnel Files. Records of all disciplinary actions shall be kept in the centril personne1 file. Employees shall be entitled to sign and date all action fonns in their personnel files. Employees are entitled to review their personnel file~ 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 or in the nonnal process of file review 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 information to creditors or other persons upon proper identification of the inquirer and acceptable reasons for the inquiry. Infonnation then given from personnel files is limited to ver1f1catio~ of employment, length of employment and verification and disclosure of salary range infonnation. Release of more specific information may be authorized by the employee. Section 5. Promotional Opportunities (a) PostinJl Promotional opportunities for classifications within the representation unit will be posted for at least ten (10) working days (Monday through Friday} prior to selection. O~tside recruitment may be used for promotional openings only in cases where there are fewer than three qualified internal candidates within the department where the vacancy occurs. If used, outside recruitment may begin at the time of posting, or any time thereafter. (b) Selection The selection procedure for each promotional opening will be detennined and administered by the Personnel Department in consultation wf th the requisitioning department. Selection procedure and job description infcnnat1on will be available at the Personnel Office at the time of posting. Efforts will be made to standard- .· 1ze tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification, and tests may not be biased with respect to races sex, religion, creed, political affiliation, color, national origin, ancestry, or age. Selection procedures may include any or all of the following phases: MEMORANDUM OF AGREEMENT Page 7 ' (1) Application. Both ;nside and outside candidates will make application on fOnns specified by the Personnel Department. Applications n1.1st be sub- mitted to the Personnel Office. (2) Screening. Applications will be screened by the Personnel Oepartt-nent to ascertain whether candidates meet minimum requirements as outlined in the job description. (3) Perfonnance Tefting. Performance tests, such as typing~ machinery or vehicle operat on, skills demonstration, physical agility, etc., will be qualifying. Pass-fail points wi11 be announced in advance for qualifying tests. {4) Written Tests. Written achievement or aptitude tests will be q~alifying. Pass-fail points will be announced in advance for qualifying tests. ' (5) Interv1ews~A~raisals. Interviews may be conducted individually or by interview a sand will be qualifying. Interview boards shall be composed of qualified and unbiased people. Where interview boards are used, Management will include at least one bargaining unit employee on each board. If individ~al interviews or an interview board is used, a majority of the individuals or board members must reconmend a candidate in order for the candidate to qualify for appointment. Performance appraisals written by candidates' supervisors may be used as indicated in the selection procedure. (c) Recoanended Cand1d~t,es candidates who successfully complete all phases of the selection procedure will be recomnended to the appointing authority. · (d) Appointment The appointing authority will make appointments from among those recomended candidates who are most qualified as determined by objective review of selec· tion procedure results and background materials. With regard to promotional opportunities, the follow1ng factors w111 be considered equally in mak1ng appointments: Past perfonnance. affin11tive action and senfority. Additional information regarding the application of past performance and affirmative action .criteria to specific openings is available upon request from the emplo,Yllient administrator. (e) V1olations Any vfalation of this Article 1111y be appealed to the Perscnnel Director in Step III of the grievance ~rocedure. Section 6. Untt employees applying for a vacant equal or lower paying positfon shall hive the same rights as unit employees applying for a promotion. I ' , MEMORANDUM OF AGREEMENT Page 8 Section 7. Ae~rentice Positions. The City shall establish apprentice positions wherever feas1 le. 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 train~ng 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 effect at the beginning of the agreement are listed in Appendix B. Section 8. In assigning employees to regular or special shifts, transfer, standby, overtime, o~· vacation selection, ability to perform the work, length of service and/or equitable rotation shall determine the assignments. In accordance with this provision, ll)re definitive rules may be arranged by mutual agreement of the Union and individual City departments. ARTICLE VII -PAY RATES AND PRACTICES Section l. A general salary increase of 9.5 percent at the E-Step will be applied to all c1assifications in the representation unit effective with the pay period which includes May l, 1980. Effective May l, 1980, the following classifications shall receive special equity adjustment~ as indicated prior to the calculation of the May 1, 1980, general increase: Utility Engineering Estimator 5% Electrician 5% Electrician-Lead 5S Lineperson/Cable Splicer 5% Lineper~on/Cable Splicer-Lead 5% Cathodic Technician 5% Utility Serv1ceperson 5% Utility Serv1ceperson-Lead St Chief Meterperson 5% Customer Service Repr'!sentative 5% Utility Business Office Representative SS Greenskeeper 5% Chief eo.....nicator SS Plans Check ~ngineer SS Senior Mechan1c-WQC 101 Main ~.enance Mechan1c-WQC lOS MEMORANDUM OF AGREEMENT Page 9 Water Transmission Operator Water Quality Control Plant Operatl Senior Operator WQC Equipment Parts Technician Utility Instrumentation Technician El ectri ca 1 Undergr·ound Inspector Golf Course Equipment Mechanic Chemist WQC Laboratory Technician WQC Electric Map Draftsperson Progranmer Analyst A Programner Analyst B Executive Secretary Secretary 8 Conmunications Technician • 8% 8% 8% 7% 7% 5% SS 5% 5% 4% 3% 3% 3% 3% 3% A general salary increase of 8.5 percent at the E-Step will be applied to all class1- f1cat1ons in the representation un1t effective with the pay period which includes May 1, 1981. Effective May 1, 1981, the following classifications sha11 receive special equity adjustments as indicated prior to the calculatio~ of the May 1, 1981, general increase: Utility Engineering Esti1n1tor Si Electrician 51 Electrician-Lead SS Lineperson/Cable Sp11c&r 5% L1neparson/Ca~le Splicer-Lead SS Cathodic Technician SS Utility Serviceperson 5i Utility Serviceperson-Lead SS Chief Meterperson SS Custolner service Representative SS Utility Business Office Representattve SS Greens keeper 51 Plans Check Eng1neer SS ' • • . . MEMORANDUM OF AGREEMENT Page 10 Senior Mechanic WQC Maintenance Mechanic WQC *Water Quality Control Plant Operator Electrical Underground Inspector 3% 3% $107 a mo~~h approximately *Effective May 1, 1981, a revised classification series and salary policy including Water Quality Control Plant Operator I and II and Senior Water Quality Control Plant Operator w111 be implemented. Salaries for a11 represented classes during the term of this agreement are listed in Appendix A. · Section 2. Step Increases. Merit advancements from the first salary step to the second salary step shall be granted at six-month intervals and between second and subsequent steps at one·year intervals if the affected employee has demonstrated continued improvement and efficient and effective service. For the purpose of detennining step time requirements. time wi11 conmence on the first day of the month coinciding with or following entrance onto a salary step. Step increases shall be effective on the first day of the payroll period in which the time requirements have been met. Section 3. Annual Ad~stment. Annually, each employee who holds a regular full- tfme appointment in t municipal service on or before July first and continues in such status through the first pay period in December shall 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 classification11 is deff nia as a Management auth0r1zid full-time assignment to a budgeted position on • temporary basis wherein all significant duties are perfonned 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 11out of classifi- cation" basis wfl l recei.ve acting pay within the range of the Mgher classifca- tion beginning the first day of the assignment. (b) Employees appointed to a position for vacation, sick leave or other leave of absence coverage will receive acting pay within the range of the higher classi- fication after five days of assignment 1n the acting position culll\llative over the agreement year (May 1 to May 1}. The step within the range of. the higher classification will be the step at which the employee would be pa1d if pennanently appointed to that classification. MEMORANDUM OF AGREEMENT Page 11 t • Out of classification provisions do not apply to work assignment perfonned in con- nection with specific predetermined apprenticeship or training programs or declared conditions of public peril and/or disaster. Section 5. Classification Chanqes (a} During the course of this agreement, the City shall notify the employee concerned in case of contemplated change in job content as contained in the classification descriptions which were in effect 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 process during the tenn of this Memorandum of Agreement. If the Union a:-.d the City cannot reach agreement on the appropriate pay level for a job so reclassified, the classification description shall revert to its fonner status. -----. . ----- (b) An employee or his/her representative may rec-~:Jest in writing a rt:-~va.luation of his/her job based on significant changes in job content or significant discrepancies between job content anci classification 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 wHl 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 P~ made available in advance of regular pay day providei that employee requests such advance in writing to the Controller's Office at least two weeks prior to his/her vacation date. The nployee's supervisor must verify vacation date on the request. Section 7. Assignnent to a lead Position. All v4cancies in lead positions shall be flllid 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 ~ceptions for filling lead positions on a rotational basis for training and development purposes may be arranged by ~tual agreement of the Union and fndtvtdual City departments. Current exceptions are listed fn Appendix C. ARTICLE V!II -HOURS OF WORK, OVERTIME, PREMIUM PAY Section l. Work 'Week and Work ~· The standard work day for M!9Ular employees Shill be eight hours to bi work within a maxiAUm of nine hours (five day work week) or 10 hours to be .orked within a maxinun of eleven (four day work week) or nine hours to be worked within a 10 (four and one-half day work week)~ The standard work week shall be forty hours to be worked within five consecutive days. Existing excep- tions to the above are listed in Appendix 0.. The Union shall be notified of any further exceptions to this section in accordance with Article Ill, Section 8& section 2. Overtime Work (a) Overtime work for all unit employees shall be defined as any ti111 worked Hyond the standard work day or beyoftd the standard work week. • MEMORANDUM OF AGREEMENT Page 12 (b) Compensation to employees working overtime will be in the fonn of additional pay at the rate 0f one and one-half times the employee's basic hourly salary with the exception that an employea 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 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 thesf'. sections, or at the employee's option, the earned compensatory time will be added to the employee 1s vacation balance. (c) All time for which pay is received shill 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 1mnediately 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 1 s work shift will be considered as hours worked and compensat~ 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 and 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 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 ]aid Emergency Meals (a) For purposes of this section, emergency overtime is defined as overtime arising out of sf tuatfons fovolving real or potential loss of service or property or personal danger. The City will provfde meals in the following emergency overtime situations: 1. When an employee is ca 11 ed back and is on duty for a period of three con- secutive hours, and thereafter at intervals of five hours but not more than sfx hours until the continuous 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 more than six hours until the continuous overtime assignment ends. MEJOWfDUM OF AGREEMENT Page 13 3. When an employee is called out two hours or more before a regularly scheduled day shift and works the regularly scheduled shift t he/she w11l be entitled to breakf1st. 4. When customer convenience work or other emergency work precludes an employee from obtaining a meal at the end of the shift. (b) The City will provide meals for personnel assigned to non-emergency overtime work where the assignment extends more than one and one-half hours after the sh1ft end and six continuous hours from the last meal unless at least eighteen hours' advance notice is provided. (c) All meals provided shall be comparable substitutes for the employee's regular meals. Where possible the City will arrange purchase orders at mutually ·agreeab 1 e restaurants. (d) In the event an employee is to be provided a meal pursuant to this section at the conclusion of the emergency overtime situation. the employee shall have • the option of receiving an additional one hour of overtime compensation in lieu of such meal. Section 5. Rest Periods. All cnnployees shall be granted a rest period or coffee break limited to 15 minutes during each four hours of work. Departments may aake reasonable rules concerning rest period scheduling. Rest periods not taken shall be waived. Section 6. Clean-~~ Time. All employees whose work causes their person or clothing to beCome soi1i!a s ~l bi provided with reasonable time before lunch and at shift end for w.sh-up purposes. ~tion 7. Standbx Pa,y, ca11-0ut Pu (a) ~tandb.Y CCJ!!P!!!_sation Employees performing standby duty shall be ccq,ensated at the rates estabiished below: Monday through Friday 4:30 P.M. -8:00 A.M. Saturday, Sunday, Holidays (b) M1n1aun Ca11 ·f!!!t Pax Coapmsation Effective 5-1-80 Effective 5-1...Sl $20 per da,y $30 per day $34 per da.y Employees not otherwise excluded from receiving overti• pay who are called out to perlorm unscheduled work shall be coq>enseted for at lust two hours' pay for each occurrence at the appropriate overt1Me rate. This prov1s1on does not apply to e111>loyees called out to work t.ia11e earning pay for being in a standby status. • • MEMORAKDIJM OF AGREEMEMY Page 14 Section 8. Night Shift Premium. An additional 55¢ per hour night shift premium shall be paid to employees for work performed 1>4!-tween 6:00 P.H. and 8:00 A.M. A minimum of two hours must b~ 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 ANO iOOL ALLOWANCES Section 1. Uniforms (a) The City will provide uniforms, coveralls or shop coats on a weekly basis for the fo11ow1ng jobs and/or classifications: Facilities Painter Facflities Electrician Facilities Carpenter Facilities Carpenter -Lead Facilities Mechanic Traffic Control Maintainer I Traffic Control Maintainer 11 Traffic Control Maintainer -Lead Building Inspector Other Streets D1vis1on employees when engaged in traffic painting operations Heavy Equipment Operator {Refuse) Heavy Equipment Operator -Lead (Refuse} Refuse Disposal Attendant Utility Serviceperson Utility Serviceperson -Lead Meter Reader Meter Reader -Lead Gas System Shop/Field Repairer Chemist, Water Quality Control Laboratory Technician, Water Quality Control Building Serviceperson Building Serviceperson -Lead Junior Museum/Zoo Attendant Auto Service Mechanic Motor Equipment Mechanic Motor Equipment Mecha~ic -Lead Mail Clerk Offset Duplicating Machine Operator Storekeeper Assistant Storekeeper Chief Storekeeper Golf Course Ml1ntenanceperson Greenskeeper Golf Course Equipment Mechanic . .. MEMORANDUM OF AGREEMENT Page 15 (b) Utility Trainee (Water-Gas-Sewer) Utility Install/Repair Asst Utility Install/Repair Utility Install/Repair -Lead Heavy Equipment Operator (Water-Gas-Sewer) Mechanical Unit Repairer (Water-Ga.s-se~r) Water Quality Control Plant Operator Senior Operator, Water Quality Control Senior Mechanic, Water Quality Control Maintenance Mechanic, ~ater Quality Control Utility Instrument Tech, Water Quality Control Water Transmission Operator, Water Quality Control Water Meter Exchangeperson · Water Meter Repairer Tree Trinmer-Line Clearer Tree Trinmer-L1ne Clea~er -Lead Tree Maintenanceperson Tree Maintenance Assistant Equipment Operator (Tree Section) Tree Trimner-Line Clearer Assistant Ali other employees who are requfreo to wear·· specf fie clothin9 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 and Foothills Park employees. If any r.ther employee is required to wear a unifonn during the life of this Memorandum of Agreement, the City will meet and confer w1th the Union concerning the establishment of an equitable unifonn allowance. All un1fonn allowances shall be paid bi-weekly. (e) Employees required to wear unifonns shall be provided suitable change rooms and lockers where presently provided. (d) Employee clothing seriously damaged or destroyed in conjunction with an industria1 injury will be reasonably replaced by the City. Any other claims alleging City liability may be filed with the City Att~rney • . Section 2. Tool Allowance (a) Mechanics in Equipment Maintenance shall be paid an annual tool allowance of $200 effective May 1, 1980, and $225 effective May 1, 1981. (b) All tool allowances shall be paid bi-weekly. Section ~. Safet.v Shoe Allowance The City shill reimburse employees SO percent of the cost of job··related safety shoes upon verification of such purchase by the employee~ ~ -~ . ' ' • . . MEMORANDUM OF AGREEMENT Page 16 ARTICLE X -HOLIDAYS Section 1. Fixed Holidays. Except as otherwise provided. employees within the representation un1t shall have the following fixed holidays with pay: January 1 Third Monday in February Last Monday in May July 4 First Monday f n September September 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 Effective beginning in December 1981, employees shall be excused with pay for the full work shift on either December 24 or December 31, provided however that City facilities remain open with reduced staffing 1ev~1s, that Management retains the right to deter- mine ·work schedules5 and that neither day be coosidered a holiday for purposes of premium pay. If employees are not excused pursuant to this provision, one shift of vacation credit will be add~d to the1r vacation accrual. 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 w111 be designated for purroset of the half-day holiday. Exceptions to this provision are listed in Appendix E. Section 2. Pay For Fixed Holidays (a) All employees shall be pa.id a full day's pay at their regular straight time base hourly rate for all fixed holidays as defined herein. (b) An employee lllASt 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 Holid!fs. Any employee required to work on a fixed holiday shall bi paid time and' one-hil~or such work in addition to his or her holiday pay. Work on a fixed holiday beyond the number of hours 1n a regular shift shall be com-pensated at double time and one-half. e MEl'ORAND\M OF AGREEMENT Page 17 Section 4. Variations f n Work Week (a) An employee whose work schedule requires that his or her regular days off be other than 5aturday and/or Sunday shall have an additional day off scheduled • by the department 1n the event a fixed holiday falls during his or her regularly scheduled day off. Every attempt ~111 be made to schedule the day on a t11.1tually 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 shall not be charged against the employee's vacation or sick leave balance. Section 5. Floating Days Off. Floating days off ~ith pay will be scheduled by Management as follows so as to produce three-day weekends: June 1980 August 1980 March 1981 April 1981 June 1981 August 1981 Ma. re h 1982 April 1982 The following conditions will hold: -One floating day off -One floating day off -One floating day off -One f1oat1 ng day off -One floating day off -One floating day off -One floating d3y 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 section Management is unable to schedule a day off in the month indicated, for reasons of shift operations, work scheduling or any other reason, the day will be added to the employee•s vacation accrual. 3. If an employee fails to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited. ARTICLE XI -VACATIONS Section 1. Each employee shall be entitled to an annual paid vacation, accrued as follows: (1) Less than four (4) years• continuous service--ten (10) working days per year. (b) Four (4) years' continuous service through eight (8) years• continuous service-- fifteen (15) working days per year. (c) Nine (9) or more years• continuous aentce--twenty (20) working days per year. ' • • MEMORAHDUM OF AGREEMENT Page 18 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 vacation accrual limit up to one year fn which time the excess vacation must te scheduled and taken. As long as there is no interference with departmental operation, there shall be no unreasonable restriction of increments of use. f.mployees shall complete six (6) months' continuous service before using accrued vacation leave. Section 2. Holiday Falling Duri~ Vacation. In the event a fixed holiday as defined in Article X falls within an empC>yee 1s vacation period, which would have excused the employee from work (and for wnich 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 euployee shall have the !)eriod of illness ch&rged against sick leave and not against vacation leave. Section 4. Accrued Vacat1on P for eased Em lo·Q$. An employee who is eligible or vacation leave and who dies wh1 e ln t e inunicipa service shall havg the amouilt o! any accrued vacation paid to his/her estate within thirty days. This proration Wlll be computed at his/her last basic rate of pay. Section 5. Effect of Extended Militarl Leave. An employee who interrupts service oecause of extended military leave sha 1 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 tennination. ARTICLE XII -LEAVE PROVISIONS Section 1. Sick Leave (a) The Cf ty shall provide each employee with paid sick leava, earned on a daily bas fa and computed at the rate of 96 hours per year, with no limits on amounts that 111ay be accumulated. Payment for accumulated sick leave at tennination 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 llK)re years of continuous service shall receive compensation for unused sick leave hours in a sum equal to two and ~ne-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 tennination due to disability. MEMORANDUM OF AGREEMENT Page 19 • 3. Employees who retire from mun1c1pa1 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 by the City f.mployees' Medical Plan or exercise their optfon'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 sickness or disability, medical or dental treatment. or as authorized for personal business. Up to five days sick leavi!' per year may be used for illness in the imediate 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 frt;tn final paycheck in the event of termina- tion. (c) An anployee who has been disabled for 60 consecutive days and who is otherwise eligible "'1th for payment under the long-tenn di~~bflity group insurance coverage and accrued sick leave benefits !Wl..Y,. at his/her pption. choose either to receive the long-term disability benef1ts ar to utilize the ranafnder of his/her accrued sick leave prior to applying for long-tenn disability benefits. {d) Sick leave will not be granted for illness occurring during any leave of absence unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. Section 2. Bereavement Leave. luve of absence with pa.y of three days ~ be granted an employee by the head of his or her department in the event of death fn the employee's inmediate family. which is defined for the purposes of this section as wife. husband. son, son-in-law, daughter. daughte~tn-taw, mother, 1110ther-1n-law, father, father-in-law, brother, brotherwin-law, sister, sister-in- law, gran~ther, gi"andmother-in-law. grandfather, grandfather-in-law, or a close relative residing in the hnusehold of the employee. Such leave sha.11 be at full pay and sh«ll not be charged against the employeets accrued vacation or sick leave. Request for leave with pay in excess of three {3) days shall be subject to the approval of the City Manager. Approval of additional leave will be based on the c1rcmsta.nc:es of each request w1th consideration given to the 1111ployee•s need for addtttonal time. Section 3. Military Lea.va. The provisions of the Military and Veterans• Code of thi stite of c.a11forn11 sftan govern the granting of military leaves of absence and the rights of anployees returning from such leaves. •• .. -·-·----·----------------------------• MEMORANDUM OF AGREEMENT Page 20 §ection 4. Leave Without Pay (a} Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physicians' verification includ- ing diagnosis and medical work restriction. (b) Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency or when such absences would not be contrary to the best interest of the City. Non-disability prenatal and/or postpartum leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. During unpaid leaves of absence for disability or other reasons. the employe~ may elect to use accrued vacation credits. R~quests for leaves without pay shall not be unreasonably denied. Sectfon 5. Jurl Duty and SubPQenas. 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 regular shift following time served on jury duty or as a w)tness, such tirae falling within the work shift shall be considered as time worked for purposes of ~hift 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. When a combfnation of City work time and jury duty equals 14 or more hours in the 24-hour period 1nlnediately prior to the employee'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 th~ straight time rate. This provision does not apply to conditions of bona fide anergency. Bona fide emergency conditions are conditions involving real or potential loss of service or property or personal danger. Section 6. Time Off to Vote. Time off with pay to vote in any general or direct prilftlry election shi11 be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accord1nce w1th the provisions of said Code. MEMORANDUM OF AGREEMENT Page 21 Section 7. Educational Leave and Tuition Reimbursement -. - (a) City will reimburse exf)'!nses for tuition, books and curriculum fees incurred by employees within the representation un1t. to a maximum of $450 per fiscal year, for classes given by accredited institutions of learning or approved specialized tra1n: .. ::1 groups. Programs must either contribute to the employee's job perform- ance or prepare the employee for other City positions, and must be approved 1n advance. City employees wishing to enga~e 1n educational programs involving working time may be granted rescheduled time if departmental operations pennit. (b) Employees may request advance of funds subject to the approval of the Personnel Office. Advances may be granted for tuition. books and other curriculum fees in exchf1nge for repayment agreement in the event advances are not supported or courses are not satisfactorily completed as indicated. (c} Professional and technical emp~oyees assigned by the City to attend meetings, workshops, or conventions of their professional or technical associations shall have their dues and reasonable expenses paid by the City and shall be allowed to attend such workshops, and meetings, and conventions on paid City time. section s. 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 1s not less than five working days from date indicated on return receipt. Section 9. Personal &usiness Leave Char eable to Sick Leave. All employees shall be gran up to e g teen 1 urs persona s ness eave per calendar year chargeable to sick leave. The employee need not disclose the reason for the personal business. The scheduling of such leave 1s subject to the approval of the appropriate level of Management. Section 10. The department shall 111ke every effort to ensure that employees resuming work fo11ow1ng a leave pursuant to Sections 1-10 shall be returned to the assignment. shift, and/or work location held imed1ately prior to the le.ve. If the employee cannot be so assigned, he or she shall, upon request,, be granted a tiraeting with department management to discuss the reasons for the change. Upon request., the employee shall be afforded Union representation at such a meeting. ARTICLE XIII -WORKERS' CCll'ENSATION INSURANCE ~eet1on 1. Industrial Temporary D1seb111y. J~)~W!'1le tenporarily disabled. 1111ployees ~hall be entitled to use accrued sick 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 da.ys, unless hospitalized, tn which case employees shill be paid full base salary for a period not to exceed sixty (60) days from date of injury. r. • MEMORANDUM OF AGREEMENT Page 22 ------------------~~-------------------------- (b) For any temporary disability continuing beyond the time limits set forth in (a) above, employees shall be paid two-thirds (66 2/3%) of their full base 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 disability, an employee 1 s eligib1lity for health, ,dental, life, LTD, or other insured program will continue. Deductions for these programs lrlJst be authorized bf the employee. City contributions will continue. In case of Subsection (a) above, the employee will conti'nue to accrue vacation and sick leave benefi~s. In the case of Subsection (b), sick leave and vacation benefits shall not be accrued. Section 2. Trainin for Permanentl Disabled Em lo ees. In the case of permanent sa i 1ty due to an in ury occurr ng on-t e-Job on or after January 1, 1975, the City agrees to abide by Title 8, Chapter 4.5, Subchapter 1, Article 12, "Rehabilita- tion", 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 rehabilitation benefits are additional benef'!ts and shall not be converted to or replace any Workers' Compensation benefits. The City agrees that when any pennanently disabled employee requests s~ch rehabilitative benefits, the City will meet with the employee and Union representative or legal counsel 1f desired to consider forn1.1lation 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 tt.e life of this Menorandum of Agreement shall be paid by the Cfty. The following options will exist: {a) Employee and dependent coverage under the existing K;.tiser Health Plan S Contract, including the Drug Plan III option. (b} Employee and dependent coverage under the existing City of Palo Alto Employees' Health Plan wfth 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 retiree may select any medical plan. The plan may cover eligible dependenh as defined under ~.le City Employees' Health Plan. No reim- bursements will be made for plans providing benefits other than medical and health benefits. Section 2. Dental Plan. The City shall pay all premium payments on behalf of iinp-royees, and all dependents of esnployees who are eligible for coverage under the City's self-funded dental program. MEMORANDllC Of AGREEMENT Page 23 • .. Section 3. Basic life Insurance. The City agrees to continue the basic life insurance plan as currently in effect for the term of this Memorandum of Agree1tent. Section 4. Deferred C~nsatfon. The City shall make available the necessary payroll deductlon and Oier procedures to ?rovide a deferred compensation plan. Section 5. Long Ter11 Disability Insurance. The City shall continue the long term dlsability insurance plan currently in effect for the term of this Memorandum of Agreement. Employee coverage is subject to a voluntary payroll deduction of the insurance premium applicable to the first $2000 of DJnthly salary for Plan B or the first $1800 of monthly salary for Plan A; the City will pay premiums in excess therfOf. Ef\ective with the pay period which includes May l. 1981. the City will pay up to $17.50 per month toward long term disability insurance premiums for those employees without eligible dependents covered under the health insurance provisions. Section 6. Utili~ Discount. Eligibility for utility discount for employees with employment dates glnning after April 1. 1977, will be discontinued. ARTICLE XV -RETIREMENT The City will coatinue the present benefits under the Public Employees' Retirement System 1/50th at age 60 fora1la act. Emrloy~s who retire and were employed by the City on or before April 1, 1977, and spduses of deceased employ~s who were employed by the City on or before April ·1t 1977, shall continue reductions in utility rates. All r-etired employees and spo..ises of deceased employees shall also have residential privileges at City libraries, refuse disposal area, golf course and s-1•ing pools. ARTICLE XVI -PARKING Section 1. Provision of Parking. The City shall provide all employees within the representation unit parking privileges in the Civic Center garage at no cost to such employees. The City will provide bicycle lockers and motorcycle parking areas for City employees at mutually agreeable work locations. . ... ,, • • MOORANDUM OF AGREEMENT Page 24 · ARTICLE XVII -PHYSICAL EXAMINATIONS If any non~probationary employee who is required to have a City·provided physical examination not related to workers' compensation programs disagrees with the findings of the City-sponsored physician, he/she may consult with his/her own physician and, if h1s/her private physician1 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 physiciln concerning the continuing ability of the employe~ 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 returning the employee to his/her regular work. ARTICLE XVIII -SAFETY Section 1. Health a.;d Safet* Provisions. The City shall furnish and use safety devices and safeguards and s all aaopt and use practicesl means, methods, operations and processes which are reisonably adequate to render su-ch employment andplace of employment safe, in confonnance with applicable safety regulations under the State Labor and Administrative Code sections. The City shall not require or pennit an;: 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 perfonri their work in a safe manner. Section 3. Safety C0111Dittees and 01s3ute.!_. Safety cornnittees composed of management and Onion stewards in the below 1iste organizations will meet no less than ten t;mes annually to discuss safety ~ractices, methods of reducing t.azards~ and to conduct safety training. Th1s shall 1n no way remove the basic responsibility of safety from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions dfrt!etly and fnnediately to his or her supervisor. Social and Collrl.lnity Services Public WOrks Streets Public Works Parks Water-Gas~Sewer Field Operations Light and Power F1tld Operations water Quality Control Building Maintenance Equipment Maintenance Building Services (a) A tonlftittee composed of one Fire Department representative, one Police Depart- ment representative, two Union representatives, and the Cit.Y Safety Officer will meet at least quarterly concerning safet,y·matters nf the Civic Center. (b) A ten~mld,er Citywide Union/Management safety cou\1.ttee with equcl Un1o_n.and Management membership will meet upon call to establish and review safaty and occupation1l health standards and practices, discuss overall City safety end health problems, and to act as an advisory group to the departmental s;1fety conmittees. Ttte c011Rittee shall review all departnmtal safety progr1m and rec~nd change where necessary. , -MEMOAANDUM OF AGREEMENT '" Page 25 (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 in 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 safety rules and regulations. Should the problem not be resolved at this Step. the grievance procedure will be utilized. Safety grievances shall be submitted at Step III. ARTICLE XIX -GRIEVANCE PROCEDURE Section l. The City and the Union recognize that early settlement of grievances is essential to sound employee-employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee gri~vances1 or Unicn grievances as provided for below. In presenting a grievance1 the aggrieved and/or his or her representative is assured freedom from restraint, 1r.terferrence. coercion, discriminat;on or reprisal. Release time for 1nvestigatfon 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 resolut1on, relating to terms or conditions of emoloyment,wages or fringe benefits. (b) An appeal from a disciplinary action of any kind against an anpluyee covered by thf s Memorandum of Agreement. Section 3. Conduct of Grievance Procedure (a) An aggrieved employee 11...ty be represented by the Union 'or 111.Y represent himself/ herself in preparing and presenting a grievance at any level of review. Grievances may also be presented by a group of Employees. No grievance settle- ment may be made 1n v·~olat1on of an existing merit rule or llN!lll>randllll of agree- nent. The Union wil 1 be notified prior to the impiaaentat1on of any settlement anade which affects the rights or conditions of other employees represented by the Union. (b) An employee and the representathe steward, if any, tuay use a reasonable amunt of work time St' long as there is no disruption of .ork. in conferring about and presenting a grievance. Beginning with the third step of the grievance procedure. the Chief Steward or Alternate Chief Stewt.rd IRlY assist in presenting a grievance and may be present at all Step III, IV. and V grievance "earings. {c) The time 11m1ts specified in this Article may be extended by 11.1tual agreement in writing of the aggrieved e11ployee or the Union a:.d the reviewer concer-ned. {d) Should a decision not be rendered with1n a st1pulated ti• 11Mit, the aggrieved employee 1111 imed1ately appeal to the n~t step. (e) The grtrt1ance May be considered settled tf the decision of any step is not appealed Wfthfn the specified time limit. ·• • • • • MEMORANDUM OF AGREEMENT Pa'ge 26 · (f) If appropriate, the aggrieved employee(s) or the un;on and the department head may mutually agree to waive Step I and/or Step II of the gr"ievance procedure. (g) Written grievances shall be submitted on fonns provided by the City or on fonns which are mutually agreeable to the City and the Union. (h) Any retroactivity on monetary grievances shall be limited to the date of occurrence except in no case will retroact1vity be granted prior to three months before the griev~nce was filed in writing. (1) If the grievance is filed by more than one employee in the bargaining unit, the Union may, at its option; convert it to a Union grievance after Step II of the grievance procedure. The Union may also file a grievance in those instances whent under this Memorandum of Agreement, a Union right not directly related to an individual employee becomes the subject of dispute. Union grievances shall comply with a 11 of the foregoing provh i 0:1s and procedures. Section 4. Grievance Procedure Step I. The aggrieved employee will first attempt to resolve the grievance through infonnal discussions with his or her inmediate supervisor by the end of the tenth working day following the discovery of or the incident upon 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.) Stet II. If the grievance is not resolved through the infonnal discussion~ the emp oyee will reduce the grievance to writing and submit copies ta the division head or equivalent level Management employee as designated by Management as appropriate w1th1n ten working days of the discussion with the inmediate 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 d~vis1on head's response. The department head shall have ten working days from the receipt v~ u 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 appe.ti 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 Adjustment Board within ten working days of receipt of the appeal. The Adjustllent Board shall consist of two persons appointed by the Union and two persons appointed by the City Manager. The Adjustllent Board is empowered to call City employees as witnesses. W1th1n the context of Step IV, the Adjustment Board will have the same pcwers and 11m1tations to settle g:ievances as an arbitrator. • MEMORANDllt Of AGREEMENT ,·w. _§._. .. Page 27 · A major1ty decision of the Adjustment Board shall be final and b1nd1ng. The Adjust- ment Board shall render its findings and decisions (ff any) to the parties within tan working days of 1ts meeting. ~. If the grievance is not resolved at Step IV, the aggrieved employee may CliOC>Si between final and binding resolution of the grievance through appeal to the City Manager or through appeal to final and binding grievance arbitration. For the tenn of this Memorandum of Agreement, appeals to f1na1 and binding grievance arbi- tration may be prQcessed only with Union approval. All Step V appeals llllSt be filed in writing at the Personnel Department Office within ten working days of receipt of the Adjustment Board's disposition under Step IV. If the aggrieved employee elects final and binding 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 s~all mutually request a panel of five arbitrators from the California State Conci11ation Service or from the American Arbitration Association if either party oDjects to the State Conctliat1on Service, and select an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandwn of Agreement and such Mer1t System Rules, regulations, policies, procedures. City ordinances. resolutions relating to tenns or conditions of employment, wages or fringe benefits, as may hereafter be 1n effect ir1 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 r.atters of interest. 2. Coni~ary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. 3. Granting any wage increases or decreases. The arbitrator shall be without authority to require the City to 4elegate or relin- quish any pot!ers which by State law or City Charter 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 thf s MM>rand&n of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth fn Article XX and without regard to the 111r1ts of the grievance. If the issue fs held to be arbitrable. the arbitration proceedings will be recessed for up to five working days during which the parties shall attspt to resolve the grievance. If no resolution is reached, the arbitrator will rest.me the hearing and hear and resolve the issue on the ma~tts. Copies of the arb1tr1tor1s decision shall be submitted to the City, the aggrieved enployee and the Ul\ion. All direct costs eNnat1ng from the arbitration procedure shall be shared -..ally by the City and the aggrieved employee or the Union. • • • . MOORANDUM OF AGREEMENT Page 28· • • ARTICLE XX -UNSATISFACTORY WORK OR CONDUCT ANO DISCIPLINARY ACTION The City has the rig~t to discipline, demote, or discharge employees for unsatis- 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 notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion, or discharge. Notice of d1sc1p1 inary action must~be in writing and served Ori the employee in person or by registered mail prior to the disciplinary action be:oming effective. However, in extreme situations where there 1s reasonable cause, the employee may be removed . from pay status inmediately pending such disciplinary action. The notice 111.1st be filed on a timely basis with the Personnel Department and included in the employee's personnel file. The notice of disciplinary action shall include: (a) Statement of the nature of the disciplinary action; {b) Effective date of the action; (c) Statement of the cause thereof; (d) Statement in ordinary and ccncise language of the act or the omiss1ons upon which the causes wre based; (e) Copies of any documents or other itans of evidence upon which the disciplinary action was fully or in part based. ( f) Satement advising the employee of his/ht;r right to appeal from such action, and the right to Union 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 nor •de subject to negotiation by adoption of this Memonndwn of Agreement. ARTICLE XXII -OUTSIDE EMPLOYMENT The provisions of Article 4.7 of the Goverr1nent Code of the State of California will govern the detenni nation of 1ncompatib1 e ot.r~s 1 de emp 1 o)'Mnt. ARllClE · XXUJ· .. WORK STOPPAGE ANO LOCXOUTS The City agrees that it will not lock out employees and the Union 19rees that it will not engage in any concerted work stoppage or slowdown during qle term of this Memrandm of Agreement. An employee shall not have the right to teeognize the picket line of a labor organization when periorM1ng duttes of an aergency nature. MEMORAHllUM OF AGREEMENT. Page 29 • .... . .. 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 regulations and the Chartar of the City of Palo Alto and the Const1tution of the State of California. Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. insofar as such remaining portions are severable. This Memorandum of Agreement shall become a part of the City of Palo Alto Merit Rules and Regulations applying to employees assigned to classifications in the SElij unit. As applied to employees assigned to the SEIU unit, this Memar&ndum of Agreement shall prevail over any conflicting Merit Rules and Regulations. The City and the Union agree by signing this Memo'1"andum of Agreement that the wages, nours, rights and working conditions contained herein shall be continued in full force during the tenn of this Memorandum of Agreement except as otherwise provided for in the Memorandum of Agreement and shall be binding on both the City and the Unton upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership. ARTICLE XXV -COST REDUCTION PROGRAMS During the term of this agreement, the Union will aggressively assist Management in developing cost reduction programs. Such programs may include voluntary ~uced hours/pay after this concept is studied by Management, and with such application as may be approved by Mlinagement. ARTICLE XXVI -lEP;M The tera of this Memrandum 9f Agreement sha 11 comence on May 1 , 1980, and stta 11 expire on April 30, 1982. Either party ay serve written notice upon the other party during the period between ninety and sixty days prior to April 30, 1982, of 1ts desire to amend this ,._.,randum of Agreement. If. at the time this MelDrandum of Agre•a.nt would otherwise tenninate. the pert1es are negotiating 1 new Mellorand• of Agre•ent. upon mutual 1gree•nt the tern and conditions of this Memorand• of Agree- 1111nt shill continue in efflK't. .. • • MEMORANDUM OF AGREEMENT Page 30 EXECUTED: May 12, 1980 • FOR LOCAL 715A, SEIIJ,j\FL·CIO, CLC FOR CITY OF PALO ALTO NOTE: Signatures on original copy. • • APPENDIX B APPRENTICESHIPS Ul'ILITIES TRAINEE WATER-GAS-SEWER leads to various positions within Water-Gas-Sewer and/or Water-Quality-Control. UTILITIES TRAINEE leads to Electrician/Lineperson pos;tion. BUILDING ANO EQUIPMENT MAINTENANCE TRAINEE leads to the following positions: 5/80 Facilities Carpenter Facilities Mechanic Motorized Equipment Mechanic Facilities Electrician Facilities Painter • • Department light & Power Water-Gas-Sewer • APPENDIX C ROTATIONAL LEAD POSITIONS Position Lineperson/Cable Splicer -Lead Utility Installer-~epairer -lead ACTING LEAD POSlTIONS The following acting lead positions are established pursuant to budgeting, selection and scheduling procedures· to be developed by the department subject to Union concurrence. Department Police Public Works Position Acting Chief Conmunfcator Acting Heavy Equip Operator -Lead DeP!rtment/01v1s1on Fl RE DEPARTMENT UTILITIES DEPARTMENT Treasurer's Office • • .. ' APPENDIX 0 EXCEPTIONS TO STANDARD WORK DAY OR WORK WEEK FOR SEIU REPRESENTATION UNIT Classification Executive Secretary (one only) Utility Ser~1ceperson Work Day t:!_r Work Week Variatiun 4 days on/4 days off (by depart- menta 1 agreement) 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, 1 oft; 7 days on, 3 ?ff; 5 days on, 3 off; over a five·week cycle. ----·· ----. ··---PLANNING DEPARTMENT COlllJNITY SERVICES DEPARTMENT Arts Division LIBRARY DEPARTMENT Associate Planner Volunteer Coordinator librarian library Associate Coordinator Branch Libraries . 1iiorks40fiours per week as . fo 11 ows: Monday, Wednesday -10 hours each Tuesday, Thursday -8 hours each Friday -4 hours each Works 20 hours per week as follows: Tuesday through Thursday -5 hours each Each week (30 hours): 15 hours of unscheduled time; 15 hours of scheduled time In a given work week staff may work three eight-hour days, one seven- hour day and one nine-hour day. .. • -- • • • • 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 premium pay of in-lieu scheduling purposes: Cormiunications Water Quality Control Animal Control Golf Course Utilities Services Landfill Foothills Park 2. If December 24 and 31 fall on Sunday, then the preceding Friday will be designated for purposes of excused time off, except in the case of Social and Conmunity Services staff who may be scheduled to work on Saturday, in which case Saturday will be designated for the half-day holiday. For Foothills Park personnel, designation of excused time off will be based on Park s~~adules and employee preference. • • .. APPENDIX F CITY OF PALO ALTO EMPLOYEES' HEALTH PLAN CHANGES 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 df!Guctible and payable at 1001: One routine pelvic examination, including Pap Smear, per calendar year for covered employees and dependents. 2. Unde~ Retired Employees• Health Plan, the lifetime maxi111Am is increased to $100,000 for each eligible member retiring and electing coverage after April 1, 1978. Changes Relating to Charges Incurred Begfnn1ng May 1, 1980: During any calendar year 11deduct1ble charges 0 up to $50 per covered fNnf ly lletflber miay be aggregated to meet a maxfnum family deductible of $150. Arty amounts paid by the plan, or any amounts pa.id by covered members under major medical c:o-tnsurance provisions do not apply toward the deductible. -·