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HomeMy WebLinkAboutRESO 5793• ORIGINAL I RESOLUTION NO. 5793 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR CLASSIFIED PERSONNEL (SEIU) AND RESCINDING RESOLUTION NO. 5665 AS AMENDED BY RESOLUTION NO. 5702 The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Compen- sation Plan, as set forth in EXHIBIT •A• attached hereto and made a part hereof by reference, hereby is adopted for classified per- sonnel effective the beginning of the pay period including May 1, 1980. SECTION 2. The Compensation Plan adopted herein shall be administered by the City Manager in accordance with the Merit System Rules and Regulations. SECTION 3. The Compensation Plan shall continue in effect until amended or revoked by the Council. SECTION 4.. The City Controller hereby is authorized to implement the Compensation Plan adopted herein in his preparation of forthcoming payrolls. He is further authorized to make changes in the titles of employee classifi~ations identified in the Table of Authorized Personnel contained in the 1979-80 budget if such titles have been changed in the Compensation Plan. SECTION 5. Resolution No. 5665 as i'\Dlended by Resolution No. 5762 as to classified personnel hereby is rescinded5 SECTION 6. The Council finds that this is not a project under the California Environmental Quality Act and,. therefore, •• o environmental impact assessment is n~cessary. INTRODUCED AND PASSED: Mi!,Y 12, 1980 AYES: Brenner, Eyer1y, Fazztno, Fletcher, Henderson, Levy, Renzel, Sher NOES: None ABSTE~1TIONS: None ABSENT: Wittterspoon APPROVED: "1 . ' . --··-------------------------------------• • CITY OF PALO ALTO C<MPEMSATICfi PI.Ali CIASSllIED EMPLOYEES U'TJ§CTIVI: KAY 1,, 1980 • tnlP!ICSATION PLAN 108. THE CITY OF PALO Al.TO Claasified Per808Del SICTI<lll I. SAi.ARY A. Salary Range Table . ' . PerBODDel covered by this plan shall receive compensation within the salary ranges set forth in the Salary Range Tables that follow Sect.ion ll. The salary range for each pos~tioa c.Lissificatioa. title and INl!lber ie expreued in bi-weekly and/or hourly rates along with the approximate 80Dthly aml/or annual equivalent. B. Eatablielment of Salary The City Manager 1• authorized t:o make appointments to oz: advancements rithiD the prescribed ran..;.~ upon evaluation of employee qualification and perfomance. 1. St.ep lacrea.ae. Merit anncaaenta froa the first salary step to the second salary step aball be granted at eir-aorlth intenal.• ad betv .en the atecoad. and subsequent atepe at. ooe-,..ar interval.a if the ufected employee baa d--.atrated coattmaed improveMnt mid efficient and effective serYice. Por the P11l'po8e of det.ermn:lq etep ti.• requirenat•~ t.iae will c.-oce on. tt. f int day of the 'llOQth ::oi1ae14ing with or followia& •traace oato a Mlary atep. Step iacreuee eball 1>e effecti,,. oa the firat day of the payroll period ia which the U... end perforaace TIMfU.ire981'lta ha...,. baa -t. 2. In tbe evant th.at a ao-.n atljuatmeD.t o.f a salary rap iadicat.e• a rechlc.tion ill t.lla establiebH aal.uy of an iDclinclual aployee. dle City lllDapr 11ay, if circ~taeM varrat, continue the Mlary for eudl employee iA an. WMmt ta uc.en of tLe reviaed raaae wxl•• fu a reuoa.able period of t.i.•. Sllcb interill salary rates Mall be lleftmd u "Y Batea". 3. BffttctiYe with tile..,. perto4 wld.eh iaelv4u...,. 1. 1981, all cl.ani- ficatloaa listed in the Salary la.nae 'tablu following Section II, vill:-neet.ve.aa 8.5% 11&1ary·1ncreaae calculated on the 1-atep .. • .. COMPBllSATICll ~LAN -· Cla.fied lllployeea ' Page'2 • 4. Effective May 1, 1981, the following classification• shall receive special t!quity adjuetment• aa indicated prior to the calculation of the May 1, 1981, general increase: Utility Engineering Estimator 5% !lectrician 5% Electrician-Lead 5% Lineperson/C~ble Splicer 5% Lineperaon/Cable Splicer-Lead 5% cathodic Technician 5% Utility Serviceperson 5% Utility Serviceperaon-Lead 5% Chief Meterperaon 5% CW.tamer Service R.epreaentative 5% Utility Buainess Off ice 'Representative 5% Greenakee~er 51 Plans Qieclt !ngineer 5% Senior Mechanic, Water Quality Control 3% Maintanance Mechanic, Water Quality Control 3% • Water Quality Control Plant Operator Blec:trical lhsderground Iaapector $107 approx. * lffecti-.. llay 1, 1981, a new claeaification of Weter Quality Control Plant Optrator II will be illpleaentecl, including a parforaance i:ncrtment of 5.7%. SECTIOll II. Personnel cc:nrered by this C01111*l91'tion plaa• in addition tc the salary set forth in Seetion I above, ..,. rece:he .,.cial cci11p ••atton aa followa. Eligibility -.u 1te isl c::GDformance with the Herf.t hlaa and 1legul.at1oas and Adsfniatrative .oireccivu i•uetl ~ t.he Ci.t:r lkaager for tlie purpoau of clarification and inter- pretation. Anaeally. each ewpl"7ff wbo bolds a regular full-t.ime appointllent in the --1ei"1 .. rvtc. OQ or bef ot:e .llJ.lJ' f :lret and c.oat:l.lllaea 1n aucb. stetue tlaouah tM first pa7 period in Deeellber ahal1 recet .... f,a addition to ti. aalary preacribedbenia, • Nlary a4juament equal co ou percent (U) of the eaployae'• curreD.t ...,,.1 salat"Y; or at the employee's e • COMPERSATlaf PLAN -Classified Employees .. Pa1e 3 option and subject to management approval, 24 hours paid leave to be used prior to the January 31 following. .Annual. adjuatment• or time off shall be prorated to reflect appointment froa January 1 through July 1 of the current year, or interrupted servi.ce during the year. B. Overtime, Working Out of Claaaification, and In-L:leu Holiday Paz. Compensation for overtime work, working out of claeaif ication and scheduled work on paid holidays shall be 1~ confonnance with the Merit Rules and Regulations and Administrative Directives. C. S~audby Pay, Call-OUt P.!I. 1. Standby Compensation Employees performing standby duty shall be compensated at the rates established below: Eff~ctive May lt 1980 Perio~ Coepensation Monday through Friday $20.00 per day 4:30 P.M. -8:00 A.M. Saturday, Sunday, Holidays $30.00 per day 2. Min!Jlua Cell-Out Pay Effective May 1, 1981 Co!lpenaation $22.00 per day $34.00 per day Employees not ot:herwiae esclucled from receiving overtime pay who are called out to perfora unecheduled work shall be compmlllated for at leaet 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 beiq ill a atmMlby etatua. D. Night Shift Preaiura An additional .5>¢. per hour n~t shift preld.Ult shall be paid to employees lor work pufon.d. bewsen 6~00 P.K. anc1 $:00 A.He A.ain.iaua of two }M)va 1IUIK be worked between 6:00 P .. M .. and &00 A •. H. to qualify for the pre•iWI. XllplGJi!ea who regula~ly work night ahifte.~l l'e.ceive appro- priate night ahtft prami.u.s, relating to niaht shift bOara work.eel, in addition to ba• pay for holidaye, aick ieave and vaeatioa. All employee• for whom. -1.fOTIN; are not prntded but who are required to wear specific clotldaa U t:h4t' perfortiat\Ce .0£ their jol>a 8haU receiYe one-hundred HYMl.ty-five dollan ($115) ,... year Ullifon allowance •. Tbia aectioa nail taclude, but not: be lil!d.tild 'to, .ADiiilal Shel.tw encl Foothills Park •loyeea. All uniform: ~owancea shall be paid al-weekly. ' . :: ~ :,_· e C<llPENSATION PLAN-Classified Employees Page 4 F. Tool Allowance 1. Effective with the pay period that includes May 1, 1980, mechanics in Equipment Maintenance shall be }caid a tool allowance of $200 per year; effective May 1, 1981, the tool allowance shall be $225. 2. All tool allowances shall be paid bi-weekly. G. Group Insurance 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 (h). Any premium rate increases will be adjusted according to provisions of the current Memorandum of Agteement. The following options will exist: (a) Employee and dependent coverage under the existing Kaiser Health Plan S contract, including the Drug Plan III optton. (b) Employee and dependent coverage under the existing City of Palo Alto Employees' Realth Plan with major medical maximum of $250,000. 2. Retired Employees The City shall, upon submittal of evidence of pa}'Jllent, reimburse up to $90 per quarter of medical plan premiums on behalf of classified unit euployees 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 dependents as defined under the City Employees' Health Plan. No reimbursement will be made for plane providing benefits other than medical and health benefits. 3. Dental Plan The City shall pay all premium payments on behalf of employees, and dependents of employees, who a~e eligible for coverage under the City's self-insu~ed dental insurance plan. The City shall assume any premium rate increase in existing employee and dependent dental coverage. 4. Basic Life Insurance The City shall continue ~he basic life insurance pl~ as currently in effect for the term of this c0111pan.ation plan. ----------------------------------------- :,./ • C<»IPENSATION PLAN -Claaaif ied Employees page 5 5. Long Term Di•abil 1 ty Insurance """"''- lbe City ahall continue the long tera disability insurance plan currently in effect for the tera of this c<>11penaation plan. Employee coverage is subject to a voluntary payroll deduction of the insurance premium applicable to the first $2000 of monthly salary for Plan B or the f irat $1800 of :monthly salary for Plan A; the City will pay premiums in excess thereof. The City will pay up to $15.QO per month of preaiua for those employee• without eligible dependents covered under the health insurance. Effective with the pay period which includes tlay 1, 1981, the City will pay up to $17.50 per month toward long term disability insurance premiums for those employees W'ithout eligible dependents covered 'lDlder the health insurance provisions. H. _Parking The City shall provide all classified employees id.th parking privileges in the Civic Center garage at no cost to such employees. CITY OF P-lO &lTf COl'll't•~Aflf-,..,_ •• ClASJlFI£t P£~Stftt1£l CPf£CTIV£ ~AY l• l"tAD cuss ... Tffl.[ i!Ol ACCOUlllUNf 701 ~IJ'IJll ASST-PW i!l~ AtftJN co.-1-uTIL l¥I~il ATT£•1t~T A~l"AL CO•T'ot. O'F 271 Allt"Al M(llTN T£CK !51 ISSO( PLA!IUl£W l"tl ASST 8\.K USP DO lSST .fll&.llKU ~ ASST ITlllEl([~I JH hto SH~l([ llUtf l'li ffl(T~[ T[C .... ICJllt JH 9\.K UP "AUT TltAU lTt kH IHHCHll ~ aK snwttt asn nG -..K Sf•YICP'£1Hlt J1i ILK RRVUC1t£lrS.11-t. ,.. h\'£11 2i'IS 9UYE•,<L£•• SJI CttJU Pl.Un JHf !A U~HC T((tt \ .. C£iil[llT '11tl5Jf£• .... 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R M.111 J.La.s n.a -..a ....... &i..n 111.. -. ... ,._n w. n v.a., ,,_ .. , I.Iii! ~· "·lftl ._ ... la.SI 1.1:1 .... 1.01 ... , .. .. ..... ... ... . ............. ,. l.H 1.111 "t.H ._'H W.ft Lltl 'I. .. •.t.J. .._ 1.a 1.u .,,._ I.IS a.Q .... -... .... .. •• 1 , ........ . ... .. ·.Ii ) ... ) ) llt"OJll"U! ftp STtlt ) •••t•L· ~OflTllLY ------e I -• E E r L Y------ ),fl•"t"'l '"•"'" l\,.!7• J.h?'ltlJ '' ... ""' ''·"'~ i!:l.\'" ''-'Di! """' l'l.lln , ..... .... ... lhJU , ..... " , .. .... 11.Hl lh\U 1 .. sez ,.u, i .. ni k5'.l i.w1 1.1n l•D"I 1•115 i.ss~ """' . ..... ..... i.w,s 1.111 , .... , .. ..., (A) (ll ((l (t) ([l "si.1ta 1t"'IU.'8 1111".•a ) Id 11. OD 'Rl. la ?1.11.10 • l 111.ac 711.t.a 111.-a "~11.ao -.t\.ltO ?fl.ID~) 5'.1.~a s~--'o ~as.on ...... DD 1'8a.-a ) '51i.l& lt'fft .. ID SO•.ID Sll.ldi R.'lt.08 57L.ID l.D~.ltD ....... a .. '-.. ?iG.eo 1.n.zo 1.61.aa ?Z&.ID na..a 1111.•a IJJ."I 111.1.0 ~Ji.GD ... l.t.I J.Dfll.ttD ....... lf~S.ft ..... . MG.an ,.,.Ml IOS... IR.llO ... .. ~-m .. n s-..ao an.1a ~.aa "17J.WI J.Drl.t.a ''"·• } ) ) ) .,,,... 711.11 l53.MI ..... 11 ...... ) ~ .... nLWI Wl9t.llO ........ •n.WI ." .......... . ...... ) ni.m aMa.• &1 • .0 J t.57.~ ....... oa ?JS.aa ,,,.... Iii' ... Hs.n ?n.a ,.._. ........ ~t.&.a 1i1a.1a .... ao ,.... ... .... u n• .. N "hio.aa ••·• 110 ... . 1'.0.10 ......... ... ) • MEMORANDUM OF AGREEMENT Page 12 • (b) Compensation to employees working overtime will be in the fonn of additionai pay at the rate ~f one and one·half times the employee's basic hourly 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 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 den1ed this provision, he/she will be compensated in pay for such time at the appropr)ate rate specified by these sections, or at the employee's option, the earned compensatory time will be added to the employee's vacation balance. {c) All time for which pay is received shall count as hours actually worked for the computation of overtime pay. (d) When an employee works 14 hours or more in the 24-hour period i111nediately previous to the employee's shift starting time, the employee will be allowed an 61ght-hour rest period before returning to work. Any portion of the rest period falling within the employee's work shift will be considered as hours worked and compensated at the straight time rate. This provision does not apply to conditions of bona fide emergency. Bona fide emergency conditions are conditions involving real or potential loss of service or property or personal danger. (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 St1fts. 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 pennitted to discuss such changes with the City. This, however, shall not preclude the City's right to effect schedule changes dictated by operational necessity. This section does not apply to overtime scheduling. Section 4. Ci t:t Pai, d Emergency Meal s (a) For purposes of this seetion, emergency overtime is defined as overtime arising out of situations f Hvolvirig real or potential loss of service or property or personal danger. The City will provide meals in the following emergency overtime situations: 1. When an employee is called back and is on duty for a period of three con- secutive hours. and thereafter at intervals of f1ve hours but not more than six hours until the cont~nuous 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 ~t intervals of five hours but not more than six hours until the continuous overtime assignment ends. MEJ'«lUJtDUM OF MREEMENT Page 13 3. When an employee is called out two hours or more before a regularly scheduled day shift and works th~ regularly scheduled shift, he/she w11i be entitled to breakfast. 4. When customer convenience work or other emergency work precludes an emplovee from obtaining a meal at the end of the shift. (b) The City will provide meals for personnel assigned to non-emergency overtime work where the assignment extends more than one and one-half hours after the shift end and six continuous hours from the last meal unless at least eighteen hours' advance notice is provided. (c) All meals provided shall be comparable substitutes for the employee's regular meals. Where possible the City will arrange purchase orders at mutually agreeable restaurants. (d) In the event an employee is to be provided a meal pursuant to this section at the conc1us1on of the emergency overtime situation, the employee shall have • the option of receiving an additional one hour of overtime compensation in 1;eu of such meal. Section 5. Rest Periods. All ~loyees shall be granted a rest period or coffee break limited to 15 minutes during each four hours of work. Departments llllY make reasonable rules conceming rest period scheduling. Rest periods not taken shall be waived. Section 6. Clean-w: T111'..l. All employees whose work causes their person or clothing to beCome soiled s 11 bi provided with reasonable time before lunch and at shift end for wash-up purposes. Section 7. Standby Pa,y, Ca 11 .. 0ut Pay (a) Standby Compensation Employees performing standby duty shall be compensated at the rates established below: Monday through Friday 4:30 P.M. -8:00 A.M. Saturday, Sunday, Holidays (b) M1n1n.arn Call-Out Pay COl!ti"sation Effective 5-1-80 Effective 5·1..Sl $20 per day $22 per day $30 per day $34 per day Employees not otherwise excluded from receiving overt111e pe,y who are called ;:JUt to pe;iofonn unscheduled work shall be coq>ensated 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 -.-h11e urning pay for being in a standby status. • MEMORANDUM OF AGREEMENT Page 14 Section 8. Night Shift Premium. An additional 55¢ per hour night shift premium shall be paid to employees for work performed between 6:00 P.H. 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, relati~g to night shift hours worked, in addition to base pay fo~ 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 following jobs ~nd/or classifications: Facilities Painter Fac11ities Electrician Facilities Carpenter Facilities Carpenter -Lead Facilities Mechanic Traffic Control Maintainer 1 Traffic Control Maintainer II Traffic Control Maintainer -Lead Building Inspector Other Streets Division employees when engaged in traff1t 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 Serv1ceperson -Lead Junf or Museum/Zoo Attendant AUto Service Mechanic Motor Equipment Mechanic Motor Equipment Mechanic • Lead Mail Clerk Offset Duplicating Machine Operator Storekeeper Assf stant Storekeeper Chief Storekeeper Golf Course Ma1ntenenceperson Greens keeper Golf Course Equipment Mechanic MEMORANDUM OF AGREEMENT Page 15 Utility Trainee (Water-Gas-Sewer) Utility Install/Repair Asst Utility Install/Repair ~tility 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, Water Quality Control Utility Instrument Tech, Water Quality Control Water Transmission Operator, Water Quality Control Water Meter Exchangeperson · Water Meter Repairer Tree Trimner-Line Clearer Tree Trintner-Line Clea1er -lead Tree Maintenanceperson Tree Maintenance Assistant Equipment Operator (Tree Section} Tree Trfnner-Line Clearer Assistant . .. (b) Ali other employees who are requirecl ·to wear specific clothing 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 other employee is required to wear a unifonn during the life uf this Memorandum of Agreement, the City will meet and confer with the Union concerning the establishment of an equitable unifonn allowance. All uniform allowances shall be paid bi-weekly. (c) Employees required to wear unifonns shall be provided suitable change rooms and lockers where presently provided. (d} Employee clothing seriously damaged or destroyed in conjunction with an industria1 injury will be reasonably replaced by the C1ty. Any other claims alleging Cfty liability may be filed with the City Att~rney. Section 2. Tool Allowance (a) Mechanics 1n Equipnent Maintenance shall be paid an annual tool allowance of $200 effective May 1, 19d0, and $225 effective May 1, 1981. (b) All tool allowances shall be paid bi-weekly. Section 3. Safety Shoe Allowance The City shall reimburse employees 50 percent of the cost of jobwrelated safety shoes upon veriffcat1on of such purchase by the employee. • • . . MEMORANDUM OF AGREEMENT Page 16 ARTICLE X -HOLIDAYS Section 1. Fixed Holidats. Except as otherwise provided, employees within the representation unit sha1 have the following fix~d holidays with pay: January l Third Monday in February Last Monday in May July 4 First Monday in 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 schedules, and that neither day be considered a holiday for purposes of premium pay. If employees are not excused pursuant to this provision, one shift of vacation credit will be added to their vacation accrual. ln 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 SaturdaJ, the preceding Friday shall be considered a holiday. If December 24 and 31 fall on Sunday then the preceding Friday will be designated for purrose~ 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 paid a full day's pay at their regular straight time base hourly rate for all fixed holidays as defined herein. (b) An employee l'IJSt 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 Holidafs. Any employee required to work on n fixed holiday shall be paid time and one-half 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 • MEMORANDltl OF AGREEMENT Page 17 Section 4. Variations 1n Work Week (a) An employee whose work schedule requires that his or her regular days off be other than Saturday and/or Sunday shall have an additional day off scheduled by the department in the event a f1xed holiday falls during his or her regularly scheduled day off. Every attempt w111 be made to schedule the day on a nRJtually 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 oe charged against the employee's vacation or sick leave balance. Section 5. Floating Days Off. Floating days off with pay will be scheduled by Management as follows so as to produce three-day weekends: June 1980 August 1980 March 1981 April 1981 June 1981 August 1981 March 1982 April 1982 -One floating day off -One floating day off -One floating day off -One floating d&y off -One floating day off -One floating day off -One floating day off -One floating day off The following conditions will hold: l. Management will designate the scheduling of the paid day off under this section at least thirty days 1n advance. 2. If in confonnance with this section Management is unable to schedule a day off in the month indicated, for reasons of sh1ft operations, work scheduling or any other reason, the day wi11 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: (a) (b) Less than four (4) years' continuous service--ten (10) working days per year. Four (4) years' continuous service through eight (8) years• continuous service-- fifteen (15) working days per year. (c) Nine (9) or more years' continuous eerttce--twenty (20) working days per year. • • MEMORANDUM OF AGREEMENT Page 18 Employees may accrue up to three times their annual vacation leave w1thout loss of vacation days. In the event th~ City is unable to schedule vacation and, as a result thereof, the employee is subject to loss of accrued vaction the City sha11 extend the vacation accrual limit up to one year in which time the exce~s 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. Employees shall complete six (6) months' continuous service before using accrued vacation leave. Section 2. Holiday Falling During Vacation. In the event a fixed holiday as defined in Article X falls within an emp1oyee 1s vacation period, which would have excused the employee from work (and for Which no other compensation is made)s an additional work day for such holiday shall be added to the vacation leave. Section 3. Illness During Vacation. When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the ?eriod of illness ch&rged against sick leave and not against vacation leave. Section 4: Accrued Vacation P for De eased Em lo·~. An employee who is eligible or vacation leave and who dies wh1 e -;n the tnunicipa service shall hav~ the amount o! 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 M11itarf Leave. An employee who interrupts service because of extended military 1eave sha 1 be CO"",>ensated 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 vacatiJn to the date of tenn1nation. ARTICLE Xll -LFAVE PROVISIONS Section 1. Sitk Lea~ (a) The City shall provide each employee with paid sick leave, earned on a daily basi3 and computed at the rate of 96 hours per year, with no limits on amounts that MY 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 tennination due to disability. • MEMORAHDUM OF AGREEMENT Page 19 (b) 3. Employees who retire from municipal service who have fifteen (15) or more years of continuous service may at their option convert all or a portion of their unused sick leave hours to paid City Employees• Medical Plan premiums for the employee only at the rate of one month for every eight hours of sick leave accrued. This option is open only to employees who retire during the life of this Agreement and who are covered by the City Employees' Medical Plan or exercise their option'to convert to the City Employees' Medical Plan upon retirement. Use of Sick Leave. Sick 1eave shall be allowed and used in cases of actual personal sickness or disability, medical or dental treatment, or as authorized for personal business. Up to five days sick leave per year may be used for illness in the innediate family. A new employee may. if necessary, use up to forty-eight (48) hours of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termina- tion. (c) An anployee who has been disabled for 60 consecutive days and who is otherwise eligible ~th for p~nt under the long-term di~~bility group insurance coverage and accrued sick leave benefits ma.y, at his/her ~ption, choose either to receive the long-term disability benefits ~r ~o utilize the remainder of his/her accrued sfck leave prior to applying for long-term disability benefits. -~-• --------•-r---,., ••• _, • .•T or (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. Leave of absence with pay of three days may be granted an employee by the fliad of his or her department in the event of death fn the employee 1s innediate family~ which is defined for the purposes of this section as wife, husband, son, son-in-law, daughter, daughte~in-law, mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister, sister-in- law, grandmother, g~andlnother-in-law, grandfather, grandfather-in-law, or a close relative residing in the hnusehold of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Request for leave with pay in excess of three (3) days shall be subject to the approval of the City Manager. Approval of additional leave will be based on the c1rcllDStances of each request with consideration giv&n to the employee's need for additional time. Section 3. Military Leave. The provisions of the Military and Veterans' Code of & State of C.alifornia sfiall govern the granting of military leaves of absence and the rights of employees returning from such leaves. • .. • MEMORANDUM OF AGREEMENT Page 20 Sectf on 4. Leave Without Pay (a) D1s~bility. 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 C1ty. 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 employee may elect to use accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. Sect1un 5. Juri Duty af!d Subpgenas. Employees f"equired to report for jury duty or to an~wer su poenas as a witness in behalf of the State of California or any of ·its agencies shall be granted a leave of ~bsence 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 follo~ing time served on jury duty or as a w'itness, 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. -----~·~ -- When a combination of City wor~ time and jury duty equals 14 or more hours in the 24-hour period 1nwnediately prior to the employee's shift starting tfme, the employee wf11 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 ths straight time rate. This provision does not apply to conditions of bona fide amergency. Bona fide emergency conditions are cond·1tions 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 primary election sha11 be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given 1n accordAnce w1th the provisions of said Code. MEMORANDUM OF AGREEMENT Page 21 Section 7. 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 nmximum of $450 per fiscal year, for classes given by accredited institutions of learning or approved specialized train: ··:ii ~roups. Programs roost either contribute to the employee's job perfonn- ance or prepare the employee for other City positions, and must be approved in advance. City employees wishing to enga~e in educational programs involving working tfme may be granted rescheduled time if departmental operations penn1t. (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 exc:twmge for r·epay.nent 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 a. In case of disapproval of extension, revocation or cancellation of an exfsting leave of absence, notice shall be sent by certified mail 1 return receipt requested, to the enployee 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 business Leave Char eable to Sick Leave. All employees shall be gran up to e g teen i ours persona us n"·ss 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. Se.:;t1on 10. The department shall make every effort to ensure that employees resuming work following a leave pursuant to Sections 1·10 shall be returned to the assignment, shift, and/or work location held 1111RE!diately prf or to the leave. If the employee cannot be so assigned. he or she shall, upon rei1uest, be granted a a.eeting wfth department management to discuss the reasons for the change. Upon request, the employee shall be afforded Un1on representation at such a meeting. ARTICLE XIII -WORKERS' COMPENSATION INSURANCE sec·tfon 1. Industrial Temporary D1stb111ty. l~1-~11e temporarily disabled. employees s_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 per1od not to exceed fifty-seven (57) . calendar days, unless hospitalized, tn wh1ch case employees shall 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 11mits 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 conformance with the State law. (c) During the period of temporary disability, an employee 1 s eligibility for health, ,dental, life, LTD, or other ir~~Jred program will continue. Deductions for these programs must be authorized bf the employee. City contributions will continue. In case of Subsection {aJ above, the employee wH l contfnue to ~ccrue vacation and sick leave benefits. 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 l 1ty due to an in ury occurr ng on-t e·Job on or after January 1, 1975, the C1ty agrees to abide by Title 8, Chapter 4.5, Subchapter l, Article-12, nRehabilita- 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 benefits and shall not be converted to or replace any Workers' Compensation benefits. The City agrees that when any pennanently disable~ employee requests s~ch rehabilitative benefits, the City will meet with the employee and Union representative or legal counsel if des1red to consider forn11lation of an app1""0priate and reasonable program. ARTICLE XIV -BENEFIT PROGRAMS Section 1. Health Plan. The City shall pay all premium payments on behalf of employees who are eli~ible for coverage under the health plans as described in Subsection (a) and (bJ. 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 K;siser 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 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 whu reti~e from the City under service or disability retirements after April 1, 1978. The retiree may select any medical plan. The plan may cover eligible dependents as defined under the City Employees' Health Plan. No reim- bursements w111 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 emPfoyees, and a11 dependents of employees who are eligible for coverage under the City's self-funded dental program. MEKJRANDll4 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 Agreement. Section 4. Deferred Coo~nsation. The City shall make available the necessary payroll ded"ucifon and ott!r procedures to provide a deferred compensation plan. Section 5~ Long Term Disability Insurance. The City shall continue the long tenn disability insurance plan currently in effect for the term of this Memorandum of Agreement. Efllployee coverage is subject to a voluntary payroll deduction of the insurance premium applicable to the first $2000 of nonthly salary for Plan 8 or the first $1800 of monthly salary for Plan A; the City will pay premiums in excess thereof. Effective with the pay period which includes May 1, 1981, the City will pay up to $17.50 per month toward lor.g tenn 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 ginning after April l, 1977, will be discontinued. ARTICLE lY -RETIREMENT The City will coi1tinue the present benefits under the Public Employees' Retirement System 1/SOth at age 60 fora&la act. Employ~s who retire and were employed by the City on or before Aprn 1. 1977 I> and spduses of deceased. employ;;es who were employed by the City on or befQre Apr11 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 s~ioning pot~s. ARTICLE XVI -PARKING Section 1. Provision of Parking. The City shall provide all employees within the representation unit partfn~ prfvf ieges in the Cfvfc 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. .. . ·• • • . Mf.'MORAHDUM OF AGREEMENT Page 24 • ARTICLE XVII -PHYSICAL EXAMINATIONS If any non-probationary employee who is required to hav~ a City·provided physical examination not related to workers' compensation programs disagrees with the findings of the City-sponsored physician, he/she may consult with his/her own physician and, if his/her private physician's report conflicts with that of the City physician in 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 the employee to perform 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 returr1ing the employee to his/her regular work. ARTICLE XVIII -SAFETY Section l. Health a.id Safet Provisions. The City shall furnish and use safety evices and sa egua s an s a a opt and use practicest means~ methods~ operations and processes which are-reasonably adequate to render su-ch employment-a"nd-pface 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 perfon;i their work in a safe manner. Section 3. Safety Connittees af!d Di ssutes. Safety comnittees composed of management and Union stewards in die below 1 hte organizations wil 1 meet no less than ten times annually to discuss safety ~ractices, methods of reducing tazards, and to conduct safety training. Th1s shall in no way remove the basic re~ponsibility of safety from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and inanediately to his or her supervisor. Social and COlllnUnity Services Public Works Streets Public Works Parks water-Gas-Sewer Field Operations Light and Power Field Operations Water Quality Control Building Maintenance Equipment Maintenance Building Services {a) A conmittee compused of one Fire Department representative, one Police Depart- ment representative. two Union representatives, and the City Safety Officer will meet at least quarterly concerning safety·1D1tters nf thP ~ivic Center. (b) A ten-member Citywide Union/Management safety concnittee with equal Union and Management membership w111 meet upon call to est•blish and review safety and occupational health standards and practices. discuss overall City safety end health problems. and to act as an advisory group to the departmental ufety comnittees. The co111n1ttee shall review all departmental safety programs and re<:Olmlnd change where necessary. · -•" MEMORANDUM OF AGREEMENT .. P19e 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 att~t 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~vances. or Union grievances as provided for below. In presenting a grievance, the aggrieved and/or his or her representative is assured freedom from rest~aint, ir.terferrence, coercion, discrimination 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 interpretati~n of rules, regulations, policies, procedures, Memoranda of Agreement or City ord1- nances of resolution, relating to terms or conditions of emnloyment,wages or fringe benefits. {b) An appeal ~rem a disciplinary action of any kind ag1inst an mnplvyee covered by thf s Memorandum of Agreement. Section 3. Conduct of Grievance Procedure (a) An aggrieved employee may be represented by the Union or 111.Y represent himself/ herself in preparing and presenting a grievance at any level of review. Grievanl:es may also be prese11ted by a group of employees. No grievance settle- ment may be ll'llde in 'f"colat1on of an exist1ng merit rule or manorandum of agree- ment. The Un1on will be notified prior to the fmplanentation of any settlement made which affects the rights or conditioRs of other employees represented by the Union. (b) An employee and the representative steward, if any, may use a reasonable amount of wol"k time SC' long as there is no disruption of work, in conferring about and presenting a grievance. Beginning with the third step of the grievance procedure, the Chief Steward or Alternate Chief Steward IRIY assist in presenting a grievance and may be present at all Step III, IV. and V grievance hearings. {c) The time limits specified in this Article mil' be extended by mutual agreement in writing of the aggrieved employee or the Union and the reviewer concerned. {d) Should a decision not be rendered within a stipulated time limit, the aggrieved employee may iaaediately appeal to the n~t step. (e) The grie;umce may be considered settled if the decision of any step ts not appealed withfn tire spte1f1ed time limit. • • • • MEMORANDUM OF AGREEMENT Pa'ge 26 · (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 gr1evance procedure. {g) Written grievances shall be submitted on fonns 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 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 when, under this Memorandum of Agreement, a Union right not directly related to an individual employee becomes the subjP:t of dispute. Union grievances shall comply with a11 of the foregoing provi~ians and procedures. Section 4. Grievance Procedure Step I. The aggrieved employee will first attempt to resolve the grie•ance 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.) Ste¥ II. If the grievance is not resolved through the informal discussion, the emp oyee will reduce the grievance to writing and submit copies t~ the division head or equivalent level Management Bnployee as designated by Management as appropriate within ten working days of the discussion with the illlllediate supervisor. The division head or equivalent level Management employee shall have ten working days from the recaipt 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 fn writing within ten working days of the receipt of the division head's response~ The department head shall have ten working days from the receipt ur y written grievance to review the rr•tter and convey his or her decision by written statement. Step IV. If the grievance is not resolved at Step III, the aggrieved employee may appeal to an Adjustment Board. Appeals to the Adjustment Board shall be made in writing and directed to the Personnel Director within ten working days of receipt of the department head'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 th~ City Manager. The Adjustment Board is empowered to call City employees as witnesses. Within the context of Step JV. the Adjustment Board will have the same powers and 1fm1tat1ons to settle 9•"1evances as an arbitrator. e MEMORAMDltl OF AGREEMENT Page 27 · ... .. 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. Step V. If the grievance is not resolved at Step IV. the aggrieved employee may choose between fina1 and binding resolution of the grievance through appeal to the City Manager or through appeal to final and binding grievance arbitration. For the term of this Mellorandum of Agreement, appeals to final and binding grievance arbi- tration may be prQcessed only with Union approval. All Step V appeals 1111st 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 ~~all mutually request a panel of five arbitrators from the California State Conciliation Service or frJm the American Arbitration Association if either party o~jects to the State Conciliation Service, a:~d select an arbitrator by the alternate strike method. The arbitrator shall have jurfsdfction and authority only to interpret. apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules,, regulations, policies, procedures. City ordinances, resolutions relating to terms 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: 1. Regarding ratters of interest. 2. Contrary to. or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. 3. Granting any wage increases or decreases. The arbitrator shall be without authority to require the City to delegate 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 th1s Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards· and criteria set forth 1n Article XX and without regard to the merits of the grievance. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator w111 resw. the hearing and hear and resolve the issue on the me~its. Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All dfrect costs emanating from the arbitration procedure shall be shared ~ally by the City and the aggrieved employee or the un1on. • • . MOORANDUM OF AGREEMENT Page 28· • • ARTICLE XX -UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION The City has the rigt.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 disciplinary action mus~be in writing and served ~n the emp~oyee in person or by registered mail prior to the disciplinary action be:om1ng effective. However, in extreme situations where there is reasonable cause, the employee may be removed . from pay status inmediately pending such disciplinary action. The notice rrust be f1led on a timely basis with the Personnel Department and included in the employee's personnel file. The notice of disciplinary action sha'll include: (a) Statement of the nature of the disciplinary actionj (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 items of evidence upon which the disciplinary action was fully or in part based. (f) Si;atement advising the employee of his/her right to appeal from such action, and the right to Union representation. If the disciplinary action consists of suspension, any suspension time previously given sba·11 be credited to the final disciplinary action. ARTICLE XXI -NO ABROGATION OF RIGHTS The parties acknowledge that Management rights as indicated in Section 12070 of the Merit System Rules and Regulations and all applicable State laws are neither abro- gated nor made subject to negotiation by adoption of this Memorandum of Agreement. ARTICLE XXII -OUTSIDE EMPLOYMENT The provisions of Article 4.7 of the Government Code 9f the State of California w111 govern the determination of incompatible ou·iside employment. ARUCLE · XXUJ· • WORK STOPPAGE AND LOCXOUTS The City agrees that it will not lock out employees and the Union agrees that ft will not engage fn any concerted work stoppage or slowdown during the term of thfs Haoorandum of Agreement. An employee shall not have the right to recognize the picket line of a labor organization when perfonntng duties of an emergency nature. MEllORANDIJM 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 Const1tut1on of the State of Ca11forn1a. Should any of the provisions herefn 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 ~f Palo Alto Merit Rules and Regulations applying to employees assigned to classifications in the SEilJ unit. As applied to employees assigned to the SEIU unit. this Memorandum of Agreement shall prevail over any conflicting Merit Rules ~nd Regulations. The City and the Union agree by signing this Memoi'"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 fn the Memorandum of Agreement and shall be binding on both the City and the Union upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership. ARTICLE 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 reduced hours/pay after this concept is studied by Management. and with such app1fcat1on as IMY be approved by Muriagement. ARTICLE XXVI -1ERM The tera of this MelN>rancfum !tf Agreement shall comence on May 1, 1980, and shall expire on April 30, 1982. £fther party may serve written notice upon the other party during tta period between ninety and sixty days pr1or to April 30, 1982, of 1ts desire to amend this Manor-andum of Agreement. If, at the time this Memorandum of Agreement would otherwise tenninate. the pert1es are negot1at1ng a n• Mellorand• of Agwt. upon n.atual agreement the ter'llS and conditions of this MemrandLR of Agree-mnt shill continue in effect. .. • • • • MEMCJRANDU~ OF AGREEMENT Page 30 EXECUTED: May 12, 1980 -·----------------------------• • FOR LOCAL 715A, SEIU, l'Fl-CIO, CLC FOR CITY OF PALO ALTO NOTE: Signatures on original copy. • • APPENDIX 8 APPRENTICESHIPS UlILITIES TRAINEE WATER-GAS-SEWER leads to various positions within WaterwGas-Sewer and/or Water-Quality-Control. UTILITIES TRAINEE leads to Electrician/Lineperson position. BUILDING AND EQUIPMtNT MAINTENANCE TRAINEE leads to the following positions: 5/80 Facilities Carpenter Facilities Mechanic Motorized Equipment Mechanic Facilities Electrician Facilities Painter ·--• ·• • .. • • Department light & Po'i\'er Water-Gas-Sewer • • APPENDIX C ROTATIONAL LEAD POSITIONS Position Lineperson/fable Splicer -Lead Utility Installer-~epairer -Lead ACTING LEAD POSITIONS The following acting lead positions are established pursuant to budgeting. selection and scheduling procedures· to be developed by the department subject to Union concurrence. Department Police Public Works Positfon Acting Chief Conrnunfcator Acting Heavy Equip Operator -Lead Oep1rtment;o1vf sion FIRE 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) Ut111ty Serv1ceperson Work Day or Work Week Variation 4 days on/4 days off (by depart- mental agreement) Work week complies with Fair Labor Standards Act but involves scheduling of 7 days on, 2 off; 3 days on, 1 off; 3 days on, 1 off; 7 days ont 3 ?ff; 5 days on, 3 off; over a five-week cycle. -·-·· .. -~,. .. ---PLANNING or~ARTMENT COflf4UMITY SERVICES DEPARTMENT Arts Division LIBRARY DEPARTMENT Principal Engineer Associate Planner Volunteer Coordinator Librarian Library Associate Coordinator Branch Libraries ·--Works 40 hours per week as follows: Monday, Wednesday ... 1 O 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 -;cheduled 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: Co1m1Unications Water Quality Control Animal Control Golf Course Utilities Services Landfill Footh11 ls 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 Co11111Unity 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 schedules and employee preference. • • APPENDIX ~ 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 Medf cal benefit subject to a deductible and payable at 100%: One routfne pelvfc examination, includ~ng Pap Smear, per calendar year for covered employees and dependents. 2. Unde1 Retired Employees• Health Plan, the lifetime maxi111Jm is increased to $100,000 for each eligible member retiring and electing coverage after April 1, 1978. Changes Relating to Charges Incurred Beginning May 1, 1980: During any calendar year "deductible charges'' up to $50 per covered fa.mf ly member may be aggregated to meet a maxia&m family deductible of $150. Any amounts paid by the plan, or any amounts paid by covered members under major medical c:o..fnsurance provisions do not apply toward the deductible. .. •