HomeMy WebLinkAbout1996-09-09 City Council (11)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
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FROM;CITY MANAGER DEPARTMENT: Human Resources
AGENDA DATE: September 9, 1996 CMR: 381:96
SUBJECT:Approval of Memorandum of Agreement, Local 715 Service
Employees’ International Union (SEIU) and Compensation Plan for
Classified Personnel
REQUEST
This is a request to approve a two-year agreement, which has been ratified by the membership
of the Service Employees’ International Union, Local 715, covering the City’s 568 non-
management, classified employees for the period May 1, 1995 to April 30, 1998.
RECOMMENDATIONS
Staff recornmends that Council approve the attached resolutions amending Section 1601 of the
Merit System Rules and Regulations regarding the Memorandum of Agreement between the¯City of Palo Alto and the Service Employees’ International Union, Local 715, and adoption of
a Compensation Plan for Classified Personnel.
POLICY IMPLICATIONS
The agreement eliminates, the 1 percent annual adjustment payment made in December of each
year and increases base pay by 1 percent for all classified employees, effective with the calendar
year beginning January 1997.
In addition, upon successful termination of the PERS contract amendment "Reporting the Value
of Employer-Paid Member Contributions as Compensation in Employees’ Final compensation
Period" (Government Code 20615.5), the City will increase the employee base pay by the
contribution rate of 7 percent for PERS Miscellaneous Members, discontinue payment of PERS
employee contributions, and will provide for member contributions to be made as allowed under
provisions of IRS Code Section 414(h)(2).
CMR:381:96 Page 1 of "3
EXECUTIVE SUMMARY
The contract provides for a first year salary increase of 3.0 percent
classifications, effective with the pay period including May 1, 1996.
to all represented
The second year of the contract provides for a salary increase to all represented classifications
of 3.0 percent, effective with the pay period including May 1, 1997. In addition, 3 percent
increases to night premium and standby pay are part of the first and second year agreement.
Tool allowance for ten eligible employees is increased by $48 in the first year and $50 in the
second year of the agreement.
Other significant provisions to the agreement include:
1.Elimination of the 1 percent annual adjustment and the addition of the 1 percent to base pay
effective January 1, 1997.
Upon successful termination of the PERS contract amendment, "Reporting the Value of
Employer-Paid Member Contributions as Compensation in Employees’ Final
Compensation Period" (Government Code 20615.5), the City will increase employees’
base pay by the. contribution rate of 7 percent for PERS Miscellaneous Members,
discontinue payment of PERS employee contributions, and will provide for member
contributions to be made as allowed under provisions of IRS Code Section 414(h)(2).
Addition of domestic partners who meet eligibility requirements to health, vision and dental
plan benefits.
4.A joint Management-SEIU committee to conduct a cost containment review of dental
benefits.
5.Implementation of a 12 hour work schedule for certain Utilities Department personnel.
6.Modification of existing language in various sections of the contract. The full text of the
agreement is attached with changes highlighted.
FISCAL IMPACT
The total cost of the first year agreement provision is $902,985. Second year costs total
$929,682. Funding for the first year of the contract is provided in the 1996-97 Budget. Funding
for the second year will be included in the Interim 1997-98 Budget, which will be presented to
Council for adoption in May 1997.
CMR:381:96 Page 2 of 3
ENVIRONMENTAL ASSESSMENT
This is not a project for purposes of the California Environmental Quality Act.
ATTACHMENTS
1. Resolution Amending Section 1601 of the Merit System Rules and Regulations
2. Resolution Adopting a Compensation Plan for Classified Personnel
Employee Relations & CompensationPREPARED BY: Susan Ryerson, Manage~r~
. ~ /
JAY~ ROUNDS
Director of Human R-esources
CITY MANAGER APPROVAL:
ff.~.,LEMIN~
~t~ Manager ~j
CMR:381:96 Page 3 of 3
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES
AND REGULATIONS
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION I. Section 1401 of the Merit System Rules and
Regulations is hereby amended to read as follows:
"1401. Memorandum of agreement incorporated
by reference. That certain memorandum of
agreement dated April 30, 1996, by and
between the City of Palo Alto and Local 715A,
SEIU, AFL-CIO, CLC, consisting of a Preamble
and Articles I through XXVII with seven
appendices attached thereto and incorporated
therein, for a term commencing May i, 1996,
and expiring April 30, ~1998, is hereby
incorporated into these Merit System Rules
and Regulations by reference as though fully
set forth herein. Said memorandum, as
amended, shall apply to all employees in
classifications represented by said Local
715A, SEIU, AFL-CIO, CLC, except where
specifically provided otherwise herein.
In the case of conflict with this chapter and
any other provisions of the Merit System
Rules and Regulations, this chapter will
prevail over such other provisions as to
employees represented by said Local 715A,
SEIU, AFL-CIO, CLC."
SECTION .2. The changes provfded for in this resolution
shall not affect any right established or accrued, or any offense
or act committed, or any penalty of forfeiture incurred, or any
prosecution, suit, or proceeding pending or any judgment rendered
prior to the effective date of this resolution.
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960805 la~ 0031399
SECTION 3. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED :
AYES :
NOES :
ABSENT:
ABSTENTIONS :
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Asst. City Attorney
Director of Human Resources
960805 lac 0031399
1996-98
MEMORANDUM OF AGREEMENT
City of Palo Alto and Local 715, 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 715 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 classification
within the SEIU unit. This Memorandum of Agreement is pursuant and subject to
Sections 3500- 3510 of the Gover.nment Code of the State of California and Chapter
12 of the City of Palo Alto Merit Rules and Regulations.
ARTICLE I - RECOGNITION
Section 1. Pursuant to Sections 3500 - 3510 of the Government Code of the State
of California and Chapter 12 of the City of Palo Alto Merit System Rules and
Regulations, the City recognizes the Union as the exclusive representative of a
representation unit consisting of all regular full and part-time employees in the
classifications listed in Appendix A attached. This unit shall for purposes of
identification be titled the SEIU unit.
Section 2. No supervisor will perform the work of an employee in the SEIU unit
provided that there is an employee available who regularly performs such work. This
does not preclude a supervisor from performing work of a minor nature or during bona
fide emergencies or on a standby status when willing and qualified unit employees do
not live within 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 work or in cases of bona fide
emergencies as defined in Article VIII, Section 2. In cases of bona fide emergencies,
SEIU unit employees shall be called out to complete the necessary work after the
immediate emergency situation has been reasonably contained.
ARTICLE II - NO DISCRIMINATION
Section 1. The City and 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, disability
sexual orientation , or sex unless sex is a bona fide occupational qualification as
defined in Federal or State law.
Section2. The City and the Union agree to protect the rights of all employees to
exercise their free choice to join the Union and to abide by the express provisions of
applicable State and local laws.
Section 3. The City and the Union will cooperate in pursuing a policy of affirmative
action. Any City-established advisory employee committee relating to affirmative
action shall provide fair Union representation on that committee.
ARTICLE III - UNION SECURITY
Section 1. When a person is hired in any of the covered job classifications, the City
shall notify that person that the Union is the recognized bargaining representative for
the employee in said unit and give the employee a current copy of the Memorandum
of Agreement.
When a group employee orientation is held for new employees of the bargaining unit,
a union representative may make a presentation to such bargaining unit employees for
the purpose of explaining matters of representation. The presentation shall not exceed
15 minutes.
Section 2. Maintenance of Membership. All Union members on payroll deduction 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 members of the representation unit. Union members who
establish dues payroll deduction during the term of the Memorandum of Agreement
shall remain on payroll deduction for the life of this Memorandum of Agreement or so
long as they remain members of the representation unit. Union members on dues
payroll deduction may declare their intention to terminate such payroll deduction by
registered letter, return receipt requested, to the Director of Human Resources,
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.
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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 Human
Resources Department objecting to release of addresses, in which case
information will be transmitted without address.
(b)a list of representation unit new hires, terminations and ~etirements 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, which may include voluntary COPE
checkoff, from the bi-weekly pay of member employees. The dues deduction must be
authorized in writing by the employee or an authorization card acceptable to the City
and the Union. The dues deduction card shall include a check box for those employees
who wish the Union to receive notification in the event of unsatisfactory work,
conduct, or disciplinary action taken pursuant to Article XX. City shall remit the
deducted dues to the Union as soon as possible after deduction.
Section 5. Bulletin Boards and Departmental Mail. The Union shall have access to
inter-office mail, existing bulletin boards in unit employee work areas, and existing
Union-paid telephone answering device for the purpose of posting, transmitting, or
distributing notice or announcements including notices of social events, recreational
events, Union membership meetings, results of elections and reports of minutes of
Union meetings. Any other material must have prior approval of the Human Resources
Office. Action on approval will be taken within 24 hours of submission.
Section 6. Access to Union Representatives. Representatives of the Union are
authorized access to City work locations for the purpose of conducting business within
the scope of representation, provided that no disruption of work is involved and the
business transacted is other than recruiting of members or collecting of dues, and the
representative must notify the Human Resources Department Office prior to entering
the work location.
Section 7. Meeting Places. The Union shall have the right to reserve City meeting and
conference rooms for use during lunch periods or other non-working hours. Such
meeting places will be made available in conformity with City’s regulations and subject
to the limitations of prior commitment.
Section 8. Notification to the Union The Union shall be informed in advance in
writing by Management before any proposed changes not covered by this
Memorandum of Agreement are made in benefits, working conditions, or other terms
and conditions of employment which require meet and confer or meet and consult
process.
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Section 9. Union Logo. All materials and documents produced on Itek and metal
plates, by the City print and reproduction shop, shall carry the Union label on the inside
of covers or title pages in accordance with customary printing trades practices.
Section 10. The City shall make available to the Union in a timely manner copies of
all City Council meeting agendas, minutes and schedule of meetings. These materials
may be picked up at the City Clerk’s Office during business hours.
Section 11. Upon request, the City shall provide to the Union reports by department
on the use of agency temporaries filling representation unit vacant positions, or doing
work similar to that of representation unit classifications.
ARTICLE IV - STEWARDS
Section 1. The Union agrees to notify the Director of Human Resources of those
individuals designed as Union officers and stewards who receive and investigate
grievances and represent employees before Management. Alternates may be
designated to perform steward functions during the absences or unavailability of the
steward.
Section 2. The number of stewards designated by the Union at a given time shall not
exceed twenty-five (25).
Section 3. It is agreed that, as long as there is no disruption of work, stewards shall
be allowed reasonable release time away from their work duties, without loss of pay,
to act in representing a unit employee or employees on grievances or matters within
the scope of representation, including:
(a)A meeting of the steward and an employee, or employees of that unit
related to a grievance.
(b)A meeting with Management.
(c)Investigation and preparation of grievances.
Grievances may be transmitted on City time.
All steward 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.
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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 timecards.
Section 6. Union stewards may utilize space in assigned desks for storage of Union
materials. In the event stewards are not assigned desks the City will provide locker
or other mutually agreeable space for storage of Union materials.
ARTICLE V - REDUCTION IN FORCE
Section 1. In the event of reductions in force, they shall be accomplished wherever
possible through attrition..
Section 2. When the City determines that layoffs are imminent resulting from
reduction in force within the representation unit, the City will give the Union such
advance notice as is reasonable under the circumstances. The notice will indicate the
departments and divisions which will be affected and the circumstances requiring the
layoffs. ~ The City will furnish the Union with a current representation
unit seniority list with notice of layoff.
Section 3. If the work force is reduced within a department, division, or office for
reasons of.change in duties or organization, abolition of position, shortage of work or
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, trained, and capable of
performing remaining work. Length of service for the purpose of this article will be
based on current service hire date of record in a regular classification with no
adjustment for leaves of absence. Length of service ties will be determined in favor
of the employee with the lowest employee number last ~e four digits.
Employees laid off due to the above reasons will be given written notice at least thirty
days prior to the reduction in force. A copy of such notice will be given to the Union.
Such employees shall be offered priority employment rights to regular or hourly
positions which are requisitioned and for which the employees are qualified for a period
beginning with notification and ending sixty days following the reduction in force.
Employees transferred or 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.
Employees laid off pursuant to this section shall receive the balance of all regular City
compensation owed at termination within 72 hours of the date of termination. This
does not include any amounts payable under Article V, Section 6, or PERS contribution
refunds, if any.
Section 4. Employees identified for layoff who have seniority (bumping) rights to their
current or previously held classifications within the representation unit must declare
their intention to exercise these rights within seven (7) working days after written
notification of layoff, otherwise bumping rights will automatically terminate. Bumping
may occur within the representation unit, only to the least senior incumbent of the
current or a previously held classification. To successfully bump, the employee must
be fully qualified, trained, and capable of performing all work in the position bumped.
An employee who declares bumping rights may not also claim priority employment
rights. For purposes of this section of the Agreement, the term "working days" shall
mean Mondays through Fridays, exclusive of holidays.
Section 5. Re-Employment List. The names of persons laid off or who through
bumping changed classification in accordance with the provisions of this Article shall
be entered upon a re-employment list in seniority order. The person with the highest
seniority on a division re-employment list for a particular classification whena vacancy
exists in that classification in that division shall be offered the appointment. Names
shall be carried on a re-employment list for a period of two (2) years from the date of
separation from City services or change of classification through bumping. Upon re-
employment within the two-year period, the employee’s hire date of record at the time
of layoff will be reinstated.
Section 6. If, pursuant to Section 2, the City is unable to offer a regular position to
an employee during the period beginning with notification of layoff and ending 60 days
following layoff, the City shall pay the employee a severance pay equal to one month’s
salary at the employee’s final rate of pay prior to termination.
Section 7 Employees laid off pursuant to Section 2 who are reinstated to a regular
position within sixty days shall retain the sick leave balance they had at the time of
layoff, unless they have received a sick leave payoff in accordance with Article XII.
Upon reinstatement, the employee’s hire date of record at the time of layoff will be
reinstated.
Section 8. No representation unit employee will be laid off or remain on a re-
employment list when hourly employees are performing substantially all the duties of
the classification of the employee receiving a layoff notice, or on a re-employment list.
This provision shall not be applied to hourly positions which have been traditionally
used for seasonal and part-time work.
ARTICLE Vl -PERSONNEL ACTIONS
Section 1. Probation. Each new regular or part-time employee shall serve a
probationary period of six (6) months, commencing with the first day of his/her
employment. The probationary period shall be regarded as a part of the testing
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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 performance does not meet the acceptable standards
of work. At least ’one written performance 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 termination prior to successful completion of the probationary period,
such terminated employee shall be given written notice of his/her termination with the
reasons for the termination stated therein. The Human Resources Department shall,
upon request, afford an interview in a timely fashion to the terminated employee for
discussion of the reasons for termination. 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 reconsider or alter the termination action.
The parties agree that probationary employees shall have all rigl~ts under this
Memorandum of Agreement, including full and complete access to the grievance
procedure, save and except for instances of suspension, demotion or termination.
Section 2. Personnel Evaluations. Personnel evaluations will be given employees as
scheduled by Management. Personnel evaluations are not appealable through the
grievance procedure but, in the event of disagreement over content, the employee may
request a review of the evaluation with the next higher level of Management, in
consultation with the Human Resources Department. For purposes of this review, the
employee may be represented by the Union. Decisions regarding evaluation appeal
shall be made in writing within ten (1 O) working days following the review meeting.
Section 3. Personnel Files. Records of all disciplinary actions shall be kept in the
central personnel file. Employees shall be entitled to sign and date all action forms in
their personnel files. Employees are entitled to review their personnel files upon
written request or to authorize, in writing, review by their Union representatives. 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,
including references in a performance evaluation, shall be removed from a personnel
file upon written request by the employee or in the normal 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 prior identification of the inquirer and acceptable reasons for the
inquiry. Information then given from personnel files is limited to verification of
employment, length of employment and verification and disclosure of salary range
information. Release of more specific information may be authorized by the employee.
Section 5. Promotional Opportunities.
(a) Posting.
Promotional opportunities for classifications within the representation unit
will be posted for at least ten (10) working days (Monday through Friday)
prior to selection.
Outside recruitment may be used for promotional openings and may begin
at the time of posting, or any time thereafter. If, however, there are three
or more qualified internal candidates within the department where the
vacancy occurs, outside candidates will not be considered.
(b)Internal .Candidate Eligibility.
All non-probationary representation unit employees are eligible to apply for
posted promotional opportunities, except that Management may waive this
requirement for all probationary employees within the department where
the promotional opportunity occurs.
(c)Selection.
The selection procedure for each promotional opening will be determined
and administered by the Human Resources Department in consultation
with the requisitioning department. Selection procedure and job
description information will be available at the Human Resources Office at
the time of posting. Efforts will be made to standardize tests and
procedures where standardization is feasible and appropriate. Any tests
used shall be reasonably predictive of success in the classification, and
tests not be biased with respect to race, sex, sexual orientation, religion,
creed, political affiliation, color, national origin, ancestry, or age. Selection
procedures may include any or all of the following phases:
(1)AD~)lication. Both inside and outside candidates will make
application on forms specified by the Human Resources Department.
Applications must be submitted to the Human Resources Office.
(2)Screening. Applications will be screened by the Human Resources
Department to ascertain whether candidates meet minimum
requirements as outlined in the job description. Internal candidates
deemed not to meet minimum requirements may submit additional
qualification information writing within three working days of
notification of requirement deficiency.
(3)Performance Testing. Performance tests, such as typing, machinery
or vehicle operation, skills demonstration, physical agility, etc., will
be .qualifying. Pass-fail points will be announced in advance for
qualifying tests. If requested in writing prior to the test,
performance test may be witnessed by Union steward.
(4)Written Tests. Written achievement or aptitude tests will be
qualifying. Pass-fail points will be announced in advance for
qualifying tests.
(5)Interviews, Appraisals. Interviews may be conducted individually or
by interview boards and will be qualifying. Interview boards shall be
composed of qualified and unbiased people. Where interview boards
are used, Management will include at least one bargaining unit
employee on each board. If individual interview or an interview
board is used, a majority of the individuals or board members must
recommend 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.
(d)Recommended Candidates.
Candidates who successfully complete all phases of the selection
procedure will be recommended to the appointing authority.
(e)Seniority, for purposes of this Article, will be based on current service hire
date of record in a regular classification with no adjustment for leaves of
absence. Seniority ties will be determined in favor of the employee with
the lowest employee number last f+ee four digits. Exceptions to this
subsection may be established by mutual agreement on a departmental or
divisional basis. Such exceptions are listed in Appendix G.
(f)A_D_Dointment.
The appointing authority will make appointments from among those
recommended candidates who are most qualified as determined by
objective review of selection procedure results and background materials.
With regard to promotional opportunities, the following factors will be
considered equally in making appointments: Past performance, affirmative
action and seniority. Additional information regarding the application of
past performance and affirmative action criteria to specific openings is
available upon request from the employment administrator.
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(g)Violations.
Any violation of this Article may be appealed to the Human Resources
Director in Step III of the grievance procedure.
Section 6. Unit employees applying for a vacant equal or lower paying position shall
have the same rights as unit employees applying for a promotion.
Section 7. Apprentice Positions.
(a)The City shall establish apprentice positions wherever feasible. Length of
apprenticeship, type of training, and pay levels shall be by mutual
agreement. Where possible, apprentice positions will underfill regular
positions so that incumbents may automatically progress to the
classification for which they are training upon successful completion of
apprenticeship. The City will meet and confer with the Union before
adding any new apprenticeship programs during the term of this
agreement. All apprenticeship programs are listed in Appendix B.
Section 8. In assigning employees to regular or special shifts, transfer, standby,
overtime, or vacation selection, ability to perform the work, length of service and/or
equitable rotation shall determine the assignments. In accordance with this provision,
more definitive rules may be arranged by mutual agreement of the Union and individual
City departments.
ARTICLE VII - PAY RATES AND PRACTICES
Section 1.
(a)Effective with the pay period including May 1, 1996, a 3.0% increase at
the E- Fifth Step will be applied to all classifications in the representation
unit.
(b)Effective with the pay period including May 1, 1997, a 3.0 % increase at
the E- Fifth Step will be applied to all classifications in the representation
unit.
(c)Salaries for all represented classes during the term of this agreement are
listed in Appendix A.
Section 2. Ste_~ 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
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continued improvement and efficient and effective service. For the purpose of
determining step time requirements, time will commence 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.
(a)Annual Adjustment. Annually, each employee who holds a regular full-time or
regular part-time appointment in the 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 management approval, 24 hours paid leave to be used prior
to the January 31 following. Annual adjustments or time off shall be prorated
to reflect appointment from January 1 through July 1 of the current year, part-
time service or interrupted service during the year.
(b)Effective with 1997 pay period no. 01, beginning December 21, 1996, the
provisions of Article VII, Section 3 (a) will be discontinued, and base pay will be
increased by ,1% for classifications withinthe representation unit. No annual
adjustment will be paid after, pay period no. 25 in December 1 996.
Section 4. Working Out of Classification. The term "working out of classification" is
defined .as a Management authorized full-time assignment to a budgeted position on
a temporary basis wherein all significant duties are performed by an individual holding
a classification within a lower compensation range. Pay for working out of
classification shall be as follows:
(a)Employees appointed to unfilled requisitioned positions on an "out of
classification" basis will receive acting pay within the range of the higher
classification beginning the first day of the assignment. Where out-of-
class appointments last for more than 90 days, and whenever feasible,
out-of-class appointment will be rotated among qualified interested
employees in the work group.
(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
classification after two days of assignment in the acting position
cumulative 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 paid if permanently appointed to that classification.
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Out-of-classification provisions do not apply to work assignments performed in
connection with specific predetermined apprenticeship or training programs, or
declared conditions of public peril and/or disaster.
Section 5. Classification Changes.
(a)During the course of this agreement, the Union and affected employees
shall be notified in advance of any contemplated changes in classification
description, and such changes shall be subject to the meet and confer
process during the term of this Memorandum of Agreement. If the Union
and the City cannot reach agreement on the appropriate pay level from a
job so reclassified, the classification shall revert to its former status.
Section 6. Job Re-Evaluation.
(a)During those years in which negotiations do not occur due to multi-year
agreements, an employee or his/her representative may request in writing
a re-evaluation of his/her job based on significant changes in job content
or significant discrepancies between job content and classification
description. The request must contain justification and may be made only
during the period of December 10 through January 10. A statement by
management that a job re-evaluation request will be submitted with the
departmental budget does not relieve an employee from the responsibility
of submitting his/her own request during this period. The Administrator
of Compensation will respond to such requests in a timely manner. If
meetings are held, the employee may request representation. Any
changes determined will become effective the first pay period of the
following fiscal year, or the job will be returned to its previous status.
Section 7. Advance of Vacation Pay. Vacation pay shall be made available in advance
of regular pay day, provided that employee requests such advance in writing to the
Finance Department at least two weeks prior to his/her vacation date. The employee’s
supervisor must verify vacation date on the request.
Section 8. Assignment to a Lead Position. All vacancies in lead positions shall be
filled in accordance with Article VI, Section 5. The pay range for the lead position
shall be seven percent above the pay step of the highest paid employee on the crew.
Departmental exceptions for filling lead positions on a rotational basis for training and
development purposes may be arranged by mutual agreement of the Union and
individual City departments. Current exceptions are listed in Appendix C.
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Section 9. Realicjnments and Survey Data Base
(a)Management and the Union have agreed to a compensation survey data
base structure which identifies specific benchmark classifications, tie
classifications, agencies to be surveyed and survey classification matches.
The data base is intended to eliminate duplicate efforts in surveying and
attendant data disputes. The survey data base will be updated by
Management and a copy sent to the Union six weeks prior to the
expiration of this agreement. This survey will become the basis for special
adjustment proposals in successor agreement negotiations. By agreeing
to a survey data base, neither Union nor Management is under obligation
to propose or agree to special adjustments.
(b)At the request of either party, Management and the Union may periodically
review the data base structure. Application for realignment review must
be made no later than December 1 5 of the year before contract expiration.
Such review may include examination of tie classifications based on salary
survey or other objective data.
13
ARTICLE VIII - HOURS OF WORK. OVERTIME, PREMIUM PAY
Section 1. Work Week and Work Day. The standard workday for regular employees
shall be eight hours to be worked within a maximum of nine hours (five-day work
week) or ten hours to be worked within a maximum of eleven (four-day work week)
or nine hours to be worked within a maximum of ten for four days with a fifth day of
four hours (four and one-half day work week); or, within-a fourteen-day period, nine
hours to be worked within a maximum of ten hours for eight days and eight hours to
be worked within a maximum of nine hours for one day, with the work week
scheduled to begin so that forty hours are worked within each seven days of the
fourteen-day period (9/80 plan, with forty-hour work weeks). The "9/80 plan" may
not be used in any application that requires entitlement to FLSA overtime for working
the regular work week. With the exception of the "9/80 plan" as described above, the
standard work week shall be forty hours to be worked within five consecutive days.
Additional exceptions to the above are listed in Appendix D. The Union shall be
notified of any further exceptions to this section in accordance with Article III,
Section 8.
During the term of this agreement, employees, subject to the conditions of their job
assignment, may propose an alternate work schedule as listed under this Section.
Such proposals must be made to the department head through the immediate
supervisor. Serious consideration will be given to the feasibility and productivity of
such proposals, however Management retains the right to determine scheduling needs.
Section 2. Overtime Work.
(a)
(b)
Overtime work for all unit employees shall be defined as any time worked
beyond the standard workday or beyond the standard work week.
Compensation to employees working overtime will be in the form of
additional pay at the rate of one and one-half times (two times for billable
customer convenience overtime) 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
14
each hour of overtime worked, subject to the limitations of applicable state
and federal laws.
(c)
(d)
(e)
In the event compensatory time off is used as the method of compensating
for overtime, the time off will be taken prior to the end of the quarter
following the quarter in which the overtime has been worked. In the event
the employee is denied this provision, he/she will be compensated in pay
for such time at the appropriate rate specified by these sections, or at the
employee’s option, the earned compensatory time will be added to the
employee’s vacation balance.
All time for which pay is received shall count as hours actually worked for
the computation of regular overtime pay; however, non-productive time
will not be included in computation of any additional FLSA premiums.
When an employee works 14 hours or more in the 24 hour period
immediately previous to the employee’s shift starting time, the employee
will be allowed an eight-hour rest period before returning.to work. Other
rest period arrangements may be worked out by mutual agreement of the
employee and supervisor. 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.
If non-emergency overtime is canceled without at least 40 hours notice,
the City shall pay the affeoted employees two (2) hours’ pay at time and
one-half.
(f)Employees working overtime who are too fatigued to continue or return to
work, for safety reasons will be released from duty without compensation.
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 (1 O) working days in advance
and permitted to discuss such changes with the City. This, however, shall not
preclude the City’s right to effect schedule changes dictated by operational necessity.
This section does not apply to overtime scheduling.
Section 4. City-Paid Emerqency Meals.
(a)For purposes of this section, emergency overtime is defined as overtime
arising out of situations involving real or potential loss of service or
15
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
consecutive hours, and thereafter at intervals of five hours but not
more than six hours until the continuous overtime assignment ends.
(2)When an employee is held over on duty so that his/her combined
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.
(3)When an employee is called out two hours or more before a regularly
scheduled day shift and works the regularly scheduled shift, he/she
will be entitled to breakfast.
(4)When recalled two hours or less after the end of a regular shift,
unless assigned to standby. ’
(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. The time necessarily taken to consume a
meal provided under this section shall be considered as time worked to a
maximum of one hour.
(d)In the event an employee is to be provided a meal or meals pursuant to
this section and such meal(s) are not provided due to working conditions,
the employee shall have the option of receiving for each meal not provided
an additional one hour of overtime compensation in lieu of such meal.
Section 5.
limited to
reasonable
waived.
Rest Periods. All employees shall be granted a rest period or coffee break
15 minutes during each four hours of work. Departments may make
rules concerning rest period scheduling. Rest periods not taken shall be
Section 6. Clean-Up Time. All employees whose work causes their person or clothing
to become soiled shall be provided with reasonable time before lunch and at shift end
for wash-up purposes.
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Section 7. Standby Pay, Call-Out Pay.
(a) Standby Compensation.
Employees performing standby duty shall be compensated at the rates
established below:
Pay Period Including
Monday through Friday
Saturday, Sunday, Holidays
$39 per day
$58 per day
$40 per day
$60 per day
(b)Minimum Call-Out Pay.
Employees not otherwise excluded from receiving overtime pay who are
called out to perform work shall be compensated for at least two hours’
pay for each occurrence at the appropriate overtime rate. This provision
does not apply to employees called out to work while earning pay for
being in a standby status.
Section 8. Night Shift Premium. An additional $1.13 per hour effective with the pay
period including May 1, 1996, and .$1.17 per hour effective with the pay period
including May 1, 1997, night shift premium shall be paid to employees for work
performed between 6:00 P.M. and 8:00 A.M. A minimum of two hours must be
worked, between 6 P.M. and 8:00 A.M. to qualify for the premium. Employees who
regularly work night shifts shall receive appropriate night shift premiums, relating to
night shift hours worked, in addition to base pay for holidays, sick leave and vacation.
ARTICLE IX -UNIFORMS AND TOOL ALLOWANCES
Section 1. Uniforms.
(a)The City will provide uniforms, coveralls or shop coats on a weekly basis,
or as otherwise furnished, for the following jobs and/or classifications:
Animal Control Officer
Assistant Storekeeper
Auto Service Mechanic
Building Service Person - Lead
Building Service Person
Cement Finisher- Lead
17
Cement Finisher
Chemist
Community Service Officer (Traffic)
Engineering Technician III- Refuse
Equipment Operator
Equipment Operator - Lead
Facilities Carpenter
Facilities Electrician
Facilities Maintenance - Lead
Facilities Mechanic
Facilities Painter
Field Serviceperson
Gang Mower Operator
Gang Mower Mechanic
Gas System Shop/Field Repairer
Golf Course Equipment Mechanic
Golf Course Maintenance Person
Greenskeeper
Heavy Equipment Operator - Lead
Heavy Equipment Operator
Industrial Waste Inspector
Industrial Waste Investigator
Instrumentation Electrician
Laboratory Technician, Water Quality Control
Mail Services Specialist
Maintenance Mechanic, Water Quality Control
Mechanical Unit Repairer
Meter Reader
Meter Reader- Lead
Motor Equipment Mechanic - Lead
Motor Equipment Mechanic
Offset Equipment Operator - Lead
Offset Equipment Operator
Park Maintenance Assistant
Parking Enforcement Officer
Park Maintenance Person
Park Crew - Lead
Park Maintenance - Lead
Park Ranger
Parks & Open Space Assistant
Refuse Disposal Attendant
Senior Chemist
Senior Industrial Waste Inspector
Senior Instrumentation Technician
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(b)
Senior Operator, Water Quality Control
Senior Mechanic, Water Quality Control
Senior Park Ranger
Sprinkler System Repairer
Storekeeper
Street Sweeper Operator
Street Sweeper Operator - Lead
Traffic Control Maintainer- Lead
Traffic Control Maintainer II
Traffic Control Maintainer I
Tree Trimmer-Line Clearer
Tree Maintenance Assistant
Tree Trimmer-Line Clearer Assistant
Tree Trimmer-Line Clearer - Lead
Tree Maintenance Person
Truck
Utility
Utility
Utility
Utility
Water
Water
Water
Water
Water
Driver
Field Service Representative
Installer/Repairer
Installer/Repairer Assistant
Installer/Repairer- Lead
Meter Repairer
Meter Repairer Assistant
Transmission Operator- Lead
Transmission Operator
Quality Control ,Plant Operator
Coveralls will be made available for occasional use as needed to protect
clothing for the following classifications:
Building Inspector
Building Inspector Specialist
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(c)
(d)
(e)
Building Service Person - Lead
Cable Splicer Assistant
Chief Electric Underground Inspector
Electrical Assistant
Electrician
Facilities Mechanic/Painter
Gang Mower Mechanic
Gang Mower Operator
Heavy Equipment Operator
Lineperson/Cable Splicer
Park Ranger
Senior Park Ranger
Utility Field Service Representative
Sprinkler System Repairer
Utility Installer Assistant
Utility Installer/Repairer
Utility Installer/Repairer- Lead
Employees required to wear uniforms shall be provided suitable change
rooms and lockers where presently provided.
Employee clothing seriously damaged or destroyed in conjunction with an
industrial injury will be reasonably replaced by the City. Any other claims
alleging City liability may be filed with the City Attorney.
’~- - -:-- "~’ -’" "-"-’ "--:-, The City will make available, as an
alternative to the orange shirts currently provided under Section 1 (a), six
(6) orange cotton polo shirts. Employees will be responsible for
laundering the shirts. Damaged or otherwise unwearable shirts will be
replaced by the City. " " "
2O
(f)Employees are responsible for laundering Park Ranger and Senior Park
Ranger uniforms.
Section 2. Tool Allowance.
(a)Mechanics in Equipment Maintenance shall be paid an annual tool
allowance of ~ $450, effective with the pay period including May 1,
1996, and ~ $500, effective with pay period including May 1, 1997.
(b) All tool allowances shall be paid bi-weekly.
Section 3. Safety Shoe Allowance. The City shall reimburse employees 75 percent
of the cost of job-related safety shoes upon verification of such purchase by the
employee.
Section 4. Certifications.
(a)Retroactive to 7-93, employees who are required to maintain commercial
driver’s licenses shall have costs for medical examination paid through
their PEMHCA provider. After benefits have been paid by the PEMHCA
provider, upon presentation of proper documentation, the City will
reimburse any remaining examination costs. Employees may use paid
leave for attendance at scheduled medical examinations.
(b)The City will pay special registration and/or certification fees which are
required by Management. During the term of this agreement, the City
and the Union may, by mutual agreement, review, add or delete
classifications and/or required certifications listed below:
Classification Requirement>
Auto Svc Mech
Bldg Inspec Spec
Engineer
Equip Maint Serv Pers
Golf Course Maint Pers
Indust Waste Inspector
Mech Unit Repairer
Motorized Equip Mech
and Lead
Sr Operator, WQC
Emission Control License;
Auto. Excellence Cert.
ICBO Certificate
Professional Engineer Cert.
(for E Step)
Forklift Operator Cert.
(OSHA-approved)
Qualified Applicators’ License
Backflow Prevention Device Tester
Welding Certificate
EMS, ASE
Grade III Wastewater Treatment Plant
21
Surveyor, PW
Util Install/Rep series
Veterinarian Tech
Oper Cert.
Licensed Land Surveyor
Polyethylene Fusing Cert.
Animal Health Tech. Cert.
Water Trans ~
Specialist and Lead
WQC Plant Oper I
WQC Plant Oper II
WQC Plant Oper Trainee
Water Meter Cross-
Connection Tech
Grade II Water Treatment
Operator Cert.
Grade I Water Treatment
Operator Cert.
Grade II Water Treatment
Operator Cert.
Grade I Water Treatment
Operator Cert.
Backflow Prevention Tester Cert.
(c)
Section 5.
The City will pay for the Department of Motor Vehicles (DMV) licensing
fees for all employees required to maintain a Commercial Driver’s License
in accordance with the California Vehicle Code .and applicable laws
prescribed by the Department of Transportation.
Rain Protection
The City will provide rainy weather foot protection of the classification of Parking
Enforcement Officer.
,ARTICLE X - HOLIDAYS
Section 1. Fixed Holidays. Except as otherwise provided, employees within the
representation unit shall have the following fixed holidays with pay:,
January 1
Third Monday in January (Martin Luther King’ Day)
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
Veterans’ Day, November 11
Thanksgiving Day
Day after Thanksgiving
December 25
Either December 24 or December 31 (see below)
22
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
levels, that Management retains the right to determine 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.
In the event that any of the aforementioned 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 aforementioned days falls on a Saturday, the preceding
Friday shall be considered a holiday. If December 24 and 31 falls on Sunday, then the
preceding Friday will be designated for purposes of the 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 must be in a pay status on the workday preceding the
holiday to be eligible to be compensated for a holiday. This subsection
does not apply to an employee who is on an unpaid medical leave of
absence of less than five (5) days.
Section 3. Work on Fixed Holidays.. Any employee required to work on a fixed holiday
shall be paid time and one-half for such work in addition to his or her regular holiday
pay. Work on a fixed holiday beyond the number of hours in a regular shift shall be
compensated at double time and one-half.
Section 4. Variations in Work Week.
(a)An employee whose work schedule requires that his or her regular days
off be other than Saturday and/or Sunday shall have an additional day off
scheduled by the department in the event a fixed holiday falls during his
or her regularly scheduled day off. Every attempt will be made to
schedule the day on a mutually agreeable basis. If the day cannot be so
scheduled, the employee shall be paid for the day at the straight time
base rate.
(b)Fixed holidays which fall during a vacation period or when an employee
is absent because of illness shall not be charged against the employee’s
vacation or sick leave balance.
23
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 1996 -One floating day off
August. 1996 One floating day off
September 1996 One floating day off
March 1997 One floating day off
April, 1997 One floating day off
June 1997 One floating day off
August 1997 One floating day off
September 1997 One floating day off
March 1998 One floating day off
April 1998 One floating day off
The following conditions will hold:
(a)Management will designate the scheduling of the paid day off under this
section at least thirty days in advance.
(b)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.
(c)If an employee fails to take a day off as scheduled by Management under
this section, the day off so scheduled will be forfeited.
Section 1.
follows:
ARTICLE Xl - VACATIONS
Each employee shall be entitled to an annual paid vacation, accrued as
(a)Less than four (4) years’ continuous service--ten (10) working days per
year.
(b)Four (4) years’ continuous service through eight (8) years’ continuous
service--fifteen (15) working days per year.
(c)Nine (9) or more years’ continuous service--twenty (20) working days per
year.
Employees may accrue up to three times their annual vacation leave without loss of
vacation days. In the event the City is unable to schedule vacation and, as a result
24
thereof, the employee is subject to loss of accrued vacation, the City shall extend the
vacation accrual limit up to one year, ih which time the excess vacation must be
scheduled and taken. As long as there is no interference with departmental
operations, 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 employee’s vacation period, which would have excused the
employee from work (and for which no other compensation is made), an additional
workday for such holiday shall be added to the vacation leave.
Section 3. Illness During Vacation. When an employee becomes ill while on vacation
and such illness can be supported by a statement from an accredited physician or the
employee is hospitalized for any period, the employee shall have the period of illness
charged against sick leave and not against vacation leave.
Section 4. Accrued Vacation Pay for Deceased Employees. An employee who is
eligible for vacation leave and who dies while in the municipal service shall have the
amount of any accrued vacation paid to his/her estate within thirty days. This
proration will be computed at his/her last basic rate of pay.
Section 5. Effect of Extended Military Leave.. An employee who interrupts service
because of extended military leave shall be compensated for accrued vacation at the
time the leave becomes effective.
Section 6. Vacation at Termination. Employees leaving the municipal service with
accrued vacation leave shall be paid the amounts of accrued vacation to the date of
termination.
ARTICLE XII - LEAVE PROVISIONS
Section 1. Sick Leave.
(a)The City shall provide each employee with paid sick leave, earned on a
daily basis and computed at the rate of 96 hours per year, with no limits
on amounts that may be accumulated, except that for employees hired
after July 1, 1983, sick leave accrual accumulation shall be limited to
1,000 hours and subsections (a)(1), (a)(2), and (a)(3) shall not apply.
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
25
(b)
(c)
(d)
(e)
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 continuous service and their base hourly
rate of pay at termination.
(2)Full sick leave accrual will be paid in the event of termination due to
disability.
Use of Sick Leave. Sick leave shall be allowed and used in cases of actual
personal sickness or disability, medical or dental treatment, or as
authorized for personal business. Up to five days sick leave per year may
be used for illness in the immediate family, including registered domestic
partner. 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
termination.
An employee who has been disabled for 60 consecutive days and who is
otherwise eligible both for payment under the long-term disability group
insurance coverage and accrued sick leave benefits may, at his/her option,
choose either to receive the long-term disability benefits or to utilize the
remained of his/her accrued sick leave prior to applying for long-term
disability benefits.
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.oD such other leave of absence.
Return tO Work Wil;h Limited Dutv. Upon approval of department
management and the City Risk Manager, an employee may return to work
for doctor-approved limited duty. Approval for return to work shall be
based upon department ability to provide work consistent with medical
limitations, the location of the work assignment, and the length of time of
the limitations. The City doctor may be consulted in determining work
limitations.
Section 2. Bereavement Leave. Leave of absence with pay of three days may be
granted an employee by the head of his or her department in the event of death in the
employee’s immediate family, which is defined for the purposes of this section as wife,
husband, son, son-in-law, daughter, daughter-in-law, mother, mother-in-law, father,
father-in-law, brother, brother-in-law, sister, sister-in-law, grandmother, grandmother-
in-law, grandfather, grandfather-in-law, aunt, uncle, registered domestic partner, or a
close relative residing in the household of the employee. Such leave shall be at full pay
26
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 written
approval of the City Manager. Approval of additional leave will be based on the
circumstances of each request with consideration given to the employee’s need for
additional time.
Section 3, Military Leave. The provisions of the Military and Veterans’ Code of the
State of California shall govern the granting of military leaves of absence and the rights
of employees returning from such leaves.
Section 4. Leave Without Pay.
(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 including diagnosis and medical work restriction.
(b)Family Leave. Family leave will be granted in accordance with applicable
state and federal law.
(c)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 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. In order to avoid misunderstandings, all leaves without pay must
be in writing to be effective.
Section 5. Jury Duty and Subpoenas. Employees required to report for jury duty or
to answer subpoenas as a witness in behalf of the State of California or any of its
agencies shall be granted a leave of absence with pay from their assigned duties until
released by the court, provided the employee remits to the City all fees received from
such duties other than mileage or subsistence allowances within thirty (30) days from
the termination of jury service.
When an employee returns to complete a regular shift following time served on jury
duty or as a witness, such time falling within the work shift shall be considered as
time worked for purposes of shift completion and overtime computation. In
determining whether or not an employee shall return to his or her regular shift
following performance of the duties, reasonable consideration shall be given to such
factors as travel time and a period of rest.
27
When a combination of City work time and jury duty equals 14 or more hours in the
24-hour period immediately 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 the straight time rate. This provision does not apply to conditions of bona fide
emergency. Bona fide emergency conditions are conditions involving real or potential
loss of service or property or personal danger.
Section 6. Time Off to Vote. Time off with pay to vote in any general or direct
primary election shall be granted as provided in the State of California Elections Code,
and notice that an employee desires such time off shall be given in accordance with
the provisions of said Code.
Section 7. In case of disapproval of extension, revocation or cancellation of an
existing leave of absence, notice shall be sent by certified mail, return receipt
requested, to the employee stating the date of such action, the reason and a specific
date to return to work, which is not less than five working days from date indicated
on return receipt.
Section 8. Personal Business Leave Chargeable to Sick Leave. All employees shall be
granted up to twenty (20) hours personal business leave per calendar year, chargeable
to sick leave. The employee need not disclose the reason for the personal business.
The scheduling of such leave is subject to the approval of the appropriate level of
Management, and such approval shall not unreasonably be denied.
Section 9. 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 immediately prior to the leave. If the employee cannot
be so assigned, he or she shall, upon request, be granted a meeting with department
management to discuss the reasons for the change. Upon request, the employee shall
be afforded Union representation at such a meeting.
ARTICLE Xlll - WORKERS’ COMPENSATION INSURANCE
Section 1. Industrial Temporary Disability.
(a)While temporarily disabled, employees shall 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 of not to exceed fifty-seven (57)
calendar days, unless hospitalized, in which case employees shall be paid
full base salary for a period not to exceed sixty (60) days from date of
injury.
28
(b)
(c)
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
conformance with the .State law.
During the period of temporary disability, an employee’s eligibility for
health, dental, life, LTD, or other insured program will continue with City
contributions at the same rate as for active employees. In case of
Subsection (a) above, the employee will continue to accrue vacation and
sick leave benefits. In the case of Subsection (b), sick leave and vacation
benefits shall not be accrued.
Section 2. Vocational Rehabilitation for Permanently Disabled Employees. Vocational
Rehabilitation. will be made-available to employees :who have suffered permanent
disability as a result.of an injury or illness sustained in the course and scope of
employment. Vocational Rehabilitation shall be administered in accordance with the
California Labor Code, Division 4.7, Retraining and Rehabilitation, Sections 6200
through 6208, the Americans with Disabilities Act (ADA), and the City of Palo Alto’s
Worker’s Compensation Program.
ARTICLE XIV - BENEFIT PROGRAMS
Section 1. Health Plan.
(a)Active EmDIoyees
During the term of this Memorandum of Agreement, the’ City will pay the
entire monthly premium contributions for employees and dependents
eligible for the employee-selected PEMHCA optional plan. Both Parties
acknowledge that in future years the City contribution for PEMHCA
premiums may be an issue.
29
(b)
(c)
Section 2.
Retired Emoloyees
Monthly City-paid premium contributions for a retiree-selected PEMHCA
optional plan will be made as provided under the Public Employees’
Medical and Hospital Care Act.
Active Em_~loyee Domestic Partners
Effective July 1, 1996, active employee domestic partners who meet the
requirements of the City of Palo Alto Declaration of Domestic Partnership,
and are registered with the Human Resources Department, will be eligible
for reimbursement of the actual monthly premium cost of an individual
health plan, not to exceed the average monthly premium cost Of individual
coverage under’the PEMHCA health.plans. Evidence of premium payment.
will be required with request for reimbursement.
Dental Plan.
(a)The City shall pay all premium payments on behalf of employees, and all
dependents of employees who are eligible for coverage under the City’s
self-funded dental program. Effective July 1, 1996, dependents will
include domestic partners, as defined under Section 1 (c).
(b)During the term of the agreement, the Ci.ty and the Union will work
together to review benefit provisions of the City’s self-funded dental
program. The purpose of this review is to contain benefit cost increases.
Joint recommendations will be prepared for discussion during successor
agreement negotiations.
Move to Appendix F:
Section 3. When a City employee is married to another City employee each shall be
considered as an employee for purposes of health and dental coverage, provided
however that neither shall be covered as a dependent of the other, and dependent
children, if any, shall be covered by only one spouse.
30
Section 4. Effective July 1, 1987, the provision referred to as the "birthday rule" shall
be added to the "Effect on Benefits" sections of the City Employees’ Health Plan and
City Employees’ Dental Plan. The "birthday rule" provides that when two plans cover
an individual as a dependent, that Plan shall be Primary which covers the individual as
a dependent of a person whose date of birth, excluding year of birth, occurs earlier in
a calendar year. If the other Plan does have a Coordination of Benefits Provision, but
does not have this provision regarding date of birth, the provision of the other Plan will
determine.
Section 5. 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 6. Vision Care. Effective beginning July 1, 1989, the City will offer vision
care coverage for employees and dependents. Coverage is equivalent to $20
Deductible Plan A under the Vision Service Plan with monthly premiums paid by the
employer. Effective July 1, 1996, dependents will include domestic partners, as
defined under Section 1 (c)o
Section 7. Deferred Compensation. The City shall make available the necessary
payroll deduction and other procedures to provide a deferred compensation plan.
Section 8. Long Term Disability Insurance. The City shall continue the long term
disability insurance plan currently in effect for the term of this Memorandum of
Agreement, with an increase in the maximum benefit level under Plan A to $4,000,
effective July 1, 1991.
For Plan A, employee coverage is subject to a voluntary payroll deduction of the
insurance premium applicable to the first $6,000 of monthly salary, less a credit of
$11.17 per month to be paid by the City.
For Plan B, the maximum benefit level is $1800 per m’onth. Employee coverage is
subject to a voluntary payroll deduction of the insurance premium applicable to the
first $2000 of monthly salary for Plan B. The City will pay premiums in excess
thereof.
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 9. Utility Discount. Eligibility for utility discount for employees with
employment dates beginning after April 1, 1977, will be discontinued.
31
Section 10. State Disability Insurance Study. Parties agree during the term of the
Memorandum of Agreement to jointly study the possibility of offering State Disability
Insurance to representation unit members.
Section 11. Dependent Care Assistance Program. The City will provide a Dependent
Care Assistance Program for employees according to the provisions of the Federal
Economic Recovery Act of 1981, Code Sections 125 and 129. The program will begin
on January 1, 1988. Program details will be developed and reviewed with the Union
prior to the implementation date.
Section 12. Tuition Reimbursement and Training Programs.
(a)City will reimburse expenses for tuition, books and curriculum fees,
including required computer software programs and related computer
hardware, incurred by non-probationary employees within the
representation unit, to a maximum of $500 per fiscal year, for classes
given by accredited institutions of learning or approved specialized training
groups. The City will also reimburse professional association memberships
and conference registration fees, professional books and periodicals.
For purposes, of this subsection, tuition does not include costs for
equipment or tools (except for computer hardware and software), if the
employee may keep such items at the end of the course.
Unused tuition reimbursement may be carried forward from the previous
fiscal year to a maximum allowance (current plus carryover) of $1,000 per
fiscal year. Up to a maximum of $500 per year may be used for
reimbursement of related computer hardware.
The non-probationary requirement will be waived for probationary
employees when submitting reimbursement for job-required certifications.
All programs eligible under this section must either contribute to the
employee’s job performance or prepare the employee for other City
positions, and must be approved in advance. City employees wishing to
engage in educational programs involving working time may be granted
rescheduled time if departmental operations permit.
(b)Professional and technical employees 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
departmental funds and shall be allowed to attend such workshops,
meetings, and conventions on paid City time.
32
(c).Requests for tuition reimbursement will be determined to be taxable
income unless sufficient documentation is provided to support how the
course or seminar is related to improving performance in the employee’s
current position. Reimbursement requests may be submitted at any time,
but will be batch processed on a quarterly basis.
ARTICLE XV - RETIREMENT
Section 1. The City will continue the present benefits under the Public Employees’
Retirement System 1/50th at age 60 formula act. Employees who retire and were
employed by the City on or before April 1, 1977, and spouses of deceased employees
who were employed by the City on or before April 1, 1977, shall continue reductions
in utility rates. All retired employees and spouses of deceased employees shall also
have residential privileges at City libraries, refuse disposal area, golf course and
swimming pools.
Section 2. Effective with the pay period including May 1, 1984, the City will pay the
7% employee’s retirement contribution to the Public Employees’ Retirement System
(PERS) except that, subject to the limitation of applicable law/or income tax
regulations, employees who file signed Personnel Action Forms with the City Human
Resources Department prior to April 1, 1984, indicating retirement dates from May 1,
1984 through April 30, 1985, shall not receive this provision but shall instead receive
a 5.6% pay increase effective with the pay period including May 1, 1984. The City
Attorney shall make all legal determinations relating to this exception. For purposes
of negotiation hereafter, the payment by the City of the employee’s contribution shall
be deemed 7% adjustment in salary for the year May 1, 1984 through April 30, 1985.
Section 3. Notwithstanding Section 2 above, upon filing a notice of retirement, 7%
City-paid PERS contribution will be converted to a salary adjustment of equal amount
on a one-time irrevocable basis for the final twelve months immediately prior to
retirement, provided that all of the following conditions are met:
(a)The. employee must have at least 20 years of City service as of the date
of retirement, or for employees hired prior to May 1, 1989, must attain at
least the age of 55 at the date of retirement, or qualify for the maximum
PERS benefit factor.
(b)Twelve months prior to retirement the employee must give notice to the
City for a retirement date certain.
(c)During the 12-month conversion period, the employee shall pay PERS
employee contributions.
33
(d)All provisions of this subsection are subject to and conditioned upon
compliance with IRS regulations.
Section 4. In order to continue after June 30, 1994, the provisions of Section 3 of
this article, as soon as possible following ratification of this agreement, the City will
contract with PERS to provide "Reporting the Value of Employer-Paid Member
Contributions as Compensation in Employees’ Final Compensation Period by Contract
Amendment (Government Code Section 2061 5.5).
Section 5. Effective upon termination of PERS contract amendment "Reporting the Value
of Employer-Paid, Member Contributions as Compensation in Employees’ Final
Compensation Period" (Government Code Section 20615.5):
(a)The City will discontinue payment of PERS Employee Contributions (EPMC)
and discontinue all provisions of Sections 2, 3 and 4,of this Article.
(b)The City will increase the base pay of all represented classes by 7%.
(c)Employees in all represented classes will make PERS member contributions
by payroll deduction.
(d)The City will provide for member contributions to be made as allowed under
provisions of IRS Code Section 414(h) 2.
ARTICLE XVI -COMMUTE INCENTIVES AND PARKING
Section 1. Commute Incentive. Effective on orbefore August 1, 1994, represented
employees who qualify may voluntarily elect one of the following commute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work
locations. The’ City will provide a Civic Center Garage parking permit. New
employees hired after April 30, 1994 may initially receive a parking permit for
another downtown lot, subject to the availability of space at the Civic Center
Garage.
Public Transit. The City will provide monthly Commuter Checks worth the value
of $20. These vouchers may be used toward the purchase of a monthly transit
pass.
Carpool. The City will provide carpool vouchers worth the value of $20 per
month to each eligible employee in a carpool with two or more people. These
vouchers may be used at designated service stations toward the purchase of fuel
and other vehicle-related expenses.
34
Bicycle. The City will provide bicycle vouchers worth the value of $20 per
month to eligible employees who ride a bicycle to work. These vouchers may
be used at designated bicycle shops for related bicycle equipment and expenses.
Walk. The City will provide walker vouchers worth the value of $20 per month
to eligible employees who walk to work. These vouchers may be used at
designated stores for expenses related to walking such as footwear and related
accessories.
Section 2. Parking Lot Security - Municipal Service Center. The City will provide
fenced and locked parking facilities for Municipal Service Center employees.
Procedures will be established for entering and leaving the parking facilities.
Section 3. The City will provide bicycle lockers and motorcycle parking areas for City
employees at mutually agreeable work locations.
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 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 t~he continuing ability of the employee to perform
his/her work in his/her regular job without exposing himself/herself to further injury as
a result of his/her condition shall be the basis for returning the employee to his/her
regular work.
ARTICLE XVIII -SAFETY
Section 1. Health and Safety Provisions. The City shall furnish and use safety devices
and safeguards and shall adopt use practices, means, methods, operations and
processes which are reasonably adequate to render such employment and place of
employment safe, in conformance with applicable safety regulations under the State
Labor and Administrative Code sections.
The City shall not require or permit any employee to go to or be in any employment or
place of employment which is not safe.
35
Section 2. Union will cooperate with the City by encouraging all employees to perform
their work in a safe manner.
Section 3. Safety Committees and Disputes. Safety committees composed of
Management and Union stewards in the below listed organizations will meet no less
than ten times annually to discuss safety practices, methods of reducing hazards, and
to conduct safety training. This shall in no way remove the basic responsibility of
safety from Management nor shall it in any way alter the responsibility of the employee
to report unsafe conditions directly and immediately to his or her supervisor.
Community Services
Public Works
Water-Gas-Wastewater Field Operations
Electric Field Operations
Water Quality Control
(a)A committee composed of one facilities Management representative, one
building inspection representative, two Union representatives, and the City
Risk Manager will meet at least quarterly concerning safety matters of the
Civic Center.
(b)
(c)
(d)
A ten-member Citywide Union/Management safety committee with equal
Union and Management membership will meet upon call.to review safety
and occupational health standards and practices, discuss overall City
safety and health problems, and to act as an advisory group to the
departmental safety committees. The committee shall review all
departmental safety programs and recommend change where necessary.
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 Risk Manager 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 II1.
In response to recommendations from the Ergonomics Safety Committee,
management will develop training workshops which include information on
safe ergonomic work practices. Such workshops will be given at least two
times per year. Upon release of Cal/OSHA regulations covering safe
36
workplace ergonomic standards, management will immediately adopt such
standards as party of its Injury Prevention Program.
ARTICLE XIX = GRIEVANCE PROCEDURE
Section 1. The City and the Union recognize that early settlement of grievances is
essential to sound employee-employer relations. The parties seek to establish a
mutually satisfactory method for the settlement of employee grievances, or Union
grievances as provided for below. In presenting a grievance, the aggrieved and/or his
or her representative is assured freedom from restraint, interference, 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 or
interpretation of rules, regulations, policies, procedures, Memorandum of
Agreement or City ordinances of resolution, relating to terms or conditions
of employment, wages or fringe benefits.
(b)An appeal from a disciplinary action of any kind against an employee
covered by this Memorandum of Agreement.
37
Section 3. Conduct of Grievance Procedure.
(a)An aggrieved employee may be represented by the Union or may represent
himself/herself in preparing and presenting a grievance at any level of
review. Grievances may also be presented by a group of employees. No
grievance settlement may be made in violation of an existing merit rule or
memorandum of agreement. The Union will be notified prior to the
implementation of any settlement made which affects the rights or
conditions of other employees represented by the Union. The Union will
be copied on all written representation unit grievance decisions.
(b)An employee and the representative steward, if any, may use a reasonable
amount of work time so long as there is no disruption of work, in
conferring about and presenting a grievance. Beginning with the third step
of the grievance procedure, the Chief Steward or Alternate Chief Steward
may assist in presenting a grievance and may be present at all Step III, IV,
and V grievance hearings.
(c)The time limits specified in this Article may be extended by mutual
agreement in writing of the aggrieved employee or the Union and the
reviewer concerned.
(d)Should a decision not be rendered within a stipulated time limit, the
aggrieved employee may immediately appeal to the next step.
(e)The grievance may be considered settled if the decision of any step is not
appealed within the specified time limit.
(f)If appropriate, the aggrieved employee(s) or the Union and the department
head may mutually agree to waive Step I and/or Step II of the grievance
procedure.
(g)Written grievances shall be submitted on forms provided by the City or on
forms which are mutually agreeable to the City and the Union.
(h)Any retroactivity on monetary grievances shall be limited to the date of
occurrence, except in no case will retroactivity be g~anted prior to three
months before the grievance was filed in writing.
(i)If the grievance is filed by more than one employee in the bargaining unit,
the Union may, at its option, convert it to a Union grievance after Step II
of the grievance procedure. The Union may also file a grievance in those
instances when, under this Memorandum of Agreement, a Union right not
directly related to an individual employee becomes the subject of dispute.
38
Union grievances shall comply with all of the foregoing provisions and
procedures.
Section 4. Grievance Procedure.
SteEl. The aggrieved employee will first attempt to resolve the grievance through
informal discussions with his or her immediate 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.)
Step II. If the grievance is not resolved through the informal discussion, the employee
will reduce the grievance to writing and submit co’pies to the division head or
equivalent level Management employee as designated by Management as appropriate
within ten working days of the discussion with the immediate supervisor.
The division head or equivalent level Management employee shall have ten working
days from the receipt of a written grievance to review the matter and prepare a written
statement.
Step III. If the grievance is not resolved at Step II, the aggrieved employee may appeal
to his or her department head in writing within ten working days of the receipt of the
division head’s response.
The department head shall have ten working days from the receipt of a written
grievance to review the matter and convey his or her decision by written statement.
Step IV. If the grievance is not resolved at Step III, the aggrieved employee may
appeal to an Adjustment Board. Appeals to the Adjustment Board shall be made in
writing ’ and directed to the Human Resources Director within ten working days of
receipt of the department head’s response. The Human Resources Director shall
convene an Adjustment Board within ten working days of receipt of the appeal. The
Adjustment Board shall consist of two persons appointed by the Union and two
persons appointed by the City Manager. ~
The Adjustment Board is empowered to call City employees as witnesses.
Within the context of Step IV, the Adjustment Board will have the same powers and
limitations to settle grievances as an arbitrator.
A majority decision of the Adjustment Board shall be final and binding. The
Adjustment Board shall render its findings and decision (if any) to the parties within
ten working days of its meeting.
39
Step V. If the grievance is not resolved at Step IV, the aggrieved employee may
choose between final and binding resolution of the grievances through appeal to the
City Manager or through appeal to final and binding grievance arbitration. For the term
of this Memorandum of Agreement, appeals to final and binding grievance arbitration
may be processed only with Union approval. All Step V appeals must be filed in
writing at the Human Resources Department Office within ten working days of receipt
of 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 shall mutually request a panel of five arbitrators
from the California State Conciliation Service or from the American Arbitration
Association if either party objects to the State Conciliation Service, and select an
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 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 matters of interest.
(2)Contrary to, or inconsistent with or modifying in any way, the terms
of this Memorandum of Agreement.
(3) Granting any wage increases or decreases.
The arbitrator shall be without authority to require the City to delegate or relinquish
any powers 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 this Memorandum of Agreement, the issue of
arbitrability shall first be decided by the arbitrator using the standards and criteria set
forth in .Article XX and without 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 will resume the hearing and hear and resolve the issue on the
merits.
4O
Copies of the arbitrator’s decision shall be submitted to the City, the aggrieved
employee and the Union. All direct costs emanating from the arbitration procedure
shall be shared equally by the City and the aggrieved employee or the Union.
ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT
AND DISCIPLINARY ACTION
The City has the right to discipline, demote, or discharge employees for cause.
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 must be in writing and served on the employee in person
or by registered mail prior to the disciplinary action becoming effective. However, in
extreme situations where there is reasonable cause, the employee may be removed
from pay status immediately pending such disciplinary action. The notice must be filed
on a timely basis with the Human Resources 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 concise language of the act or the omissions
upon which the causes are based;
(e)Copies of any documents or other items of evidence upon which the
disciplinary action was fully or in part based.
(f)Statement advising the employee of his/her right to appeal from such
action, and the right to Union representation.
If the disciplinary action consists of suspension, any suspension time previously given
shall be credited to the final disciplinary action.
41
TICLE XXI - NO ABROGATION OF RIGHTS
The parties acknowledge that Management rights as indicated in Section 1207D of the
Merit System Rules and Regulations and all applicable State laws are neither abrogated
nor made subject to negotiation by adoption of this Memorandum of Agreement.
ARTICLE XXII - OUTSIDE EMPLOYMENT
The provisions of Article 4.7 of the Government Code of the State of California will
govern the determination of incompatible outside employment.
ARTICLE XXlll - WORK STOPPAGE AND LOCKOUTS
The City agrees that it will not lock out employees, and the Union agrees that it will
not engage in any concerted work stoppage or slowdown during the term of this
Memorandum of Agreement. An employee shall not have the right to recognize the
picket line of a labor organization when performing duties of an emergency nature.
ARTICLE XXIV - PROVISIONS OF THE LAW
Section 1. This Memorandum of Agreement is subject to all current and future
applicable Federal and State laws and Federal and State regulations and the Charter
of the City of Palo Alto and the Constitution of the State of 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.
Section 2. This Memorandum of Agreement shall become a part of the City of Palo
Alto Merit Rules and Regulations applying to employees assigned to classifications in
the SEIU unit. As applied to employees assigned to the SEIU unit, this Memorandum
of Agreement shall prevail over any conflicting Merit Rules and Regulations.
Section 3. The City and the Union agree by signing this Memorandum of Agreement
that the wages, hours, rights and working conditions contained herein shall be
continued in full force during the term 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 Union upon ratification by the Council of the City of Palo Alto and
upon ratification by Union membership.
42
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COMPENSATION PLAN - Classified Employees
Page 6
ao The employee must have at least 20 years of City service as of the date of retirement, or for
employees hired prior to May 1, 1989, must attain at least the age of 55 at the date of
retirement, or qualify for the maximum PERS benefit factor.
Twelve months prior to retirement the employee must give notice to the City for a retirement
date certain.
During the 12-month conversion period, the employee shall pay PERS employee
contributions.
do All provisions of this subsection are subject to and conditioned upon compliance with IRS
regulations.
In order to continue after June 30, 1994, the provisions of Section J.3 of this Compensation Plan, the
City will contract with PERS to provide "Reporting the Value of Employer Paid Member
Contributions as Compensation.in Employees Final Compensation Period By Contract Amended"
(Government Code Section 20615.5).
Effective upon termination of PERS contract amendment "Reporting the Value of Employer-Paid
Member Contributions as Compensation in Employees’ Final Compensation Period" (Government
Code Section 20615.5):
ao The City will discontinue payment of PERS Employee Contributions (EPMC) and discontinue
all provisions of Sections 2 and 3.
b.The City will increase the base pay of all represented classes by 7%.
Employees ’in all represented classes will make PERS member contributions by payroll
deduction.
do The City will provide for member contributions to be made as allowed under provisions or
IRS Code Section 414(h)2.
COMPENSATION PLAN - Classified Employees
Page 5
Jo
Public Transit. The City will provide monthly Commuter Checks worth the value to $20. These
vouchers may be used toward the purchase of a monthly transit pass.
Carpool. The City will provide carpool vouchers worth the value of $20 per month to each eligible
employee in a carpool with two or more people. These vouchers may be used a designated service
stations toward the purchase of fuel and other vehicle-related expenses.
Bicycle. The City will provide bicycle vouchers worth the value of $20 per month to eligible
employees who ride a bicycle to work. These vouchers may be used at designated bicycle shops for
related bicycle equipment and expenses.
Walk. The City will provide walker vouchers worth the value of $20 per month to eligible
employees who walk to work. These vouchers may be used at designated stores for expenses related
to walking such as footwear and related accessories.
Dependent Care Assistance
The City will provide a Dependent Care Assistance program for employees according to the Provisions
of the Federal Economic Recovery Tax Act of 1981, Code Sections 125 and 129.
Retirement
The City will continue the present benefits under the Public Employees’ Retirement System 2% at
age 60 formula act. Employees who retire and were employed by the City on or before April 1,
1977, and spouses of deceased employees who were employed by the City on or before April 1,
1977, shall continue reductions in utility rates. All retired employees and spouses of deceased
employees shall also have residential privileges at City libraries, refuse disposal area, golf course
and swimming pools.
Effective with pay period including May 1, 1984, the City will pay the 7% employee’s retirement
contribution to the Public Employees’ Retirement System (PERS). Such pick-up contributions shall
be paid by the City in lieu of employee contributions notwithstanding the fact that such pick-up of
contributions may be designated as employee contributions for purposes of PERS. For purposes of
negotiation hereafter, the payment by the City of the employee’s contribution shall be deemed a 7%
adjustment in salary for the year May 1, 1984 through April 30, 1985.
Notwithstanding Section 2 above, upon filing a notice of retirement the 7% City-paid PERS
contribution will be converted to a salary adjustment of equal amount on a one-time irrevocable basis
for the final twelve months immediately prior to a retirement, provided that all of the following
conditions are met:
COMPENSATION PLAN - Classified Employees
Page 4
o
The City shall assume any premium rate increase in existing employee and dependent dental
coverage.
Basic Life Insurance
o
o
The City shall continue the basic, life insurance plan as currently in effect for the term of this
compensation plan.
Long Term Disability Insurance
The City shall continue the long term disability insurance plan currently in effect for the term of this
compensation plan, with an increase in the maximum benefit level under Plan A to $4,000, effective
July l, 1991. For Plan A, employee coverage is subject to a voluntary payroll deduction of the
insurance premium applicable to the first $6000 of monthly salary, less a credit of $11.17 per month
to be paid by the City.
For Plan B, the maximum benefit level is $1800 of month. Employee coverage is subject to a
voluntary payroll deduction of the insurance premium applicable to the first $2000 of monthly salary
for Plan B; the City will pay premiums in excess thereof.
The City will pay up to $17.50 per month toward long term d!sability insurance premiums for those
employees without eligible dependents covered under the health insurance provisions.
Vision Care
Ho
Effective beginning July 1, 1989, the City will offer vision care coverage for employee and
dependents. Coverage is equivalent to $20 Deductible Plan A under Vision Service Plan with
monthly premiums paid by the employer. Effective July 1, 1996, dependents will include domestic
partners as defined under Section 1.a.
Commute Incentives and Parking
Effective on or before August 1, 1994, represented employees who qualify may voluntarily elect one of
the following commute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City
will provide a Civic Center Garage parking permit. New employees hired after April 30, 1994 may
initially receive a parking permit for another downtown lot, subject to the availability of space at the
Civic Center Garage.
COMPENSATION PLAN - Classified Employees
Page 3
appropriate night shift premiums, relating to night shift hours worked, in addition to base pay for holidays,
sick leave and vacation.
E.Tool Allowance
Fo
Mechanics in Equipment Maintenance shall be paid an annual tool allowance of $450 effective with
pay period including May 1, 1996; and $500 effective with the pay period including May 1, 1997.
Group Insurance
1.Health Plan
All tool allowances shall be paid bi-weekly.
The City shall pay all premium payments on behalf of employees and dependents who are eligible
for the employee-selected Public Employees’ Medical and Hospital Care Act (PEMHCA) optional
plan.
a. Active Employee Domestic Partners
Effective July 1, 1996, active employee domestic partners who meet the requirements of the
City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human
Resources Department, will be eligible for reimbursement of the actual monthly premium cost
of an individual health plan, not to exceed the average monthly premium cost of individual
coverage trader the PEMHCA health plans. Evidence of premium payment will be required
with request for reimbursement.
b.Retiree Medical Provisions
Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will
be made as provided under the Public Employees’ Medical and Hospital Care Act.
Dental Plan
The City shall pay all premium payments on behalf of employees, and dependents of employees.
Effective July 1, 1996, dependents will include domestic partners as defined under Section 1 .a., who
are eligible for coverage under the. City’s self-insured dental plan. The maximum benefits per
calendar year shall be $2,000 effective January 1, 1990.
COMPENSATION PLAN - Classified Employees
Page 2
to be used prior to the January 31 following. Annual adjustment or time off shall be prorated to reflect
appointment from January 1 through July 1 of the current year, part-time service, or interrupted service
during the year.
Effective with 1997 pay period no. 01, beginning December 21, 1996, the Annual Adjustment provision
above will be discontinued, and base pay will be increased by 1% for classifications within the
representation unit. No annual adjustment will be paid after pay period no. 25 in December, 1996.
Overtime, Working Out of Classification, and In-Lieu Holiday Pay
Compensation for overtime work, working out of classification and scheduled work on paid holidays shall
be in conformance with the Merit Rules and Regulations and Administrative Directives.
Standby Pay, Call-Out Pay
1. Standby Compensation
Employees performing standby duty shall be compensated at the rates established below:
Periods Compensation Effective Date
Monday through Friday
4:30 p.m. - 8:00 a.m.
$39.00 per day 5/1/96
$40.00 per day 5/1/97
.Saturday, Sunday,$58.00 per day 5/1/96
Holidays $60.00 per day 5/1/97
2.Minimum Call-Out Pay
Employees not otherwise excluded from receiving overtime pay who are called out to perform work
shall be compensated for at least two hours’ pay for each occurrence at the appropriate overtime rate.
This provision does not apply to employees called out to work while earning pay for being’in a
standby status.
Night Shift Premium
An additional $1.13 per hour, effective with the pay period including May 1, 1996, and $1.17 per hour
effective with the pay period including May 1, 1997, night shift premium shall be paid to employees for
work performed between 6:00 p.m. and 8:00 a.m. A minimum of two hours must be worked between 6:00
p.m. and 8:00 a.m. to qualify for the premium. Employees who regularly work night shifts shall receive
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Classified Personnel
SECTION I. SALARY
A.Salary. Range Table
Personnel covered by this plan shall receive compensation within the salary ranges set forth inthe Salary
Range Tables that follow Section II. These tables reflect a 3.0% increase at the E-Step effective with the
pay period including May 1, 1996, and a 3% increase at the E-Step effective with the pay period including
May 1, 1997, applied to all classifications in the representation unit. The salary range for each position
classification title and number is expressed in bi-weekly and/or hourly rates along with the approximate
monthly and/or annual equivalent.
B.Establishment of Salary.
The City Manager is authorized to make appointments to or advancements with the prescribed ranges upon
evaluation of employee qualification and performance.
Merit advancements from the first salary step to the second salary step shall be granted at six-month
intervals and between the 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 determining
step time requirements, time will commence on the first day of the month coinciding with or following
entrance onto a salary step. Step increases shall be effective on the first date of the payroll period in which
the time and performance requirements have been met.
In the event that a d6wnward adjustment of a salary range indicates a reduction in the established salary
of an individual employee, the City Manager may if circumstances warrant, continue the salary for such
employee in an amount in excess of the revised range maximum for a reasonable period of time. Such
interim salary ranges shall be defined as "Y rates."
SECTION II. SPECIAL COMPENSATION
Personnel covered by this compensation plan, in addition to the salary set forth in Section I above, may receive
special compensation as follows. Eligibility shall be in conformance with the Merit Rules and Regulations and
Administrative Directives issued by the. City Manager for the purposes of clarification and interpretation.
A.Annual Adjustment
Annually, each employee who holds a regular full-time or regular part-time appointment in the 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 (1%) of the employee’s
current annual salary; or at the employee’s option and subject to management approval, 24 hours paid leave
CITY OF PALO ALTO
COMPENSATION PLAN
CLASSIFIED EMPLOYEES
EFFECTIVE:Pay period including May 1, 1996
through April 30, 1998
AMENDED: July 1, 1996
SECTION 6. The Council finds that this is not a project
under the California Environmental Quality Act, and therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Deputy City Manager,
Administrative Services
Director of Human Resources
960805 lac 0031403
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A COMPENSATION PLAN FOR CLASSIFIED
PERSONNEL (SEIU) AND REPEALING RESOLUTION NOS.
7346, 7519 and 7599
The Council of the City of Palo Alto does RESOLVE as
follows:.
SECTION i. Pursuant to the provisions of Section 12 of
Article III of the Charter of the City of Palo Alto, the
Compensation Plan, as set forth in Exhibit "A" attached hereto and
incorporated herein by reference, is hereby adopted for the
classified personnel ,effective retroactive to the commencement of
the pay period including May i, 1996.
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 Deputy City Manager, Administrative
Services, is hereby authorized to implement the Compensation Plan
adopted herein in her preparation of forthcoming payrolls. The
Deputy City Manager, Administrative Services, is further authorized
to make changes in the titles of employee classifications
identified in the Table of Authorized Personnel contained in the
1996-97 budget if such tables have been changed in the Compensation
Plan.
SECTION 5.
repealed.
Resolution NOSo 7346, 7519 and 7599 are hereby
II
II
II
II
II
II
II
II
II
II
960805 lac 0031403
1
APPENDIX G
Promotional opportunities within the Communications Division will be carried
out in compliance with procedures set forth in Article VI, Section 5, of the
Memorandum of Agreement between the City and SEIU Local 715, except that:
ao tn sub-paragraph (e) of Article VI, Section 5, the term "seniority" shall be
defined as division seniority.
b=Division seniority will be calculated from an employee’s first day of
employment in the division, minus any unpaid leave.
APPENDIX F
CITY OF PALO ALTO DENTAL PLAN CHANGES
Chancjes As Acjreed, Effective July 1, 1985:
The City will provide a 50% of reasonable charges, $1,500 lifetime maximum
orthodontic benefit for representation unit employees and their dependents.
Changes as. Agreed. Effective May 1. 1987
(b)Effective May 1, 1987, the definition of "Dependent" in City Employees’ Dental
Plan shall include any other unmarried person under age 19, entirely supported
by the employee, permanently residing in the employee’s household and for
whom the employee or the employee’s spouse is (or was before the person’s
18th birthday)~the legal guardian.
Changes as A_~reed. Effective January 1. 1990
(c)The dental~plan maximum benefit per calendar year shall be $2,000, beginning
with January 1, ~1990.
APPENDIX E
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:
Communications
Water Quality Control
Animal Control
Golf Course
Utilities Services
Landfill
Open Space
Police Records Specialist
Electric System_ Operator
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 Community
Services staff who may be scheduled to work on Saturday, in which case
Saturday will be designated for purposes of excused time off. For Open Space
and Library personnel, designation of excused time off will be based on Park
and Library schedules and employee preference.
54
be charged 12 hours of use. ~Two week notification is required for any
scheduled time off. Only one person at a time may be scheduled off.
It is the intention of.the Cit that vacation be taken in units of one work week;
however, with approval of his/her supervisor, an employee may use. his/her
accrued vacation in units of less than one work week.
Shift employees shall be permitted to eat their meals during work hours and
shall not be allowed additional time, therefore at City expense.
Overtime Meals
Overtime meals will be provided by. the City for appropriate meals missed.
Determination of when an overtime meals is due based on Article VIII, Section
4 (a) and (b), except 4 (a) 3. When an employee is called out two.hours or
more before a regularly scheduled shift and works the regularly scheduled shift,
he/she will be entitled to a meal.
Shift Premium
Shift premium will be handled in accordance with the .current Memorandum of
Agreement between the City and the Union, Article VIII, Section 8.
Time off for jury duty which occurs on a regularly scheduled workday will result
in the employee being credited with up to 12 hours worked, for pay purposes.
Employees called for jury duty who are working the evening portion of the 12-
hour schedule will be placed, for payroll and scheduling purposes, on .the day
shift for each scheduled day such employee is required tOreport for jury duty,
and will not be required to workthe .evening 12-hour shift before or after being
required to report for jury duty. However, such employee shall return to work
on the day shift upon being released from such duty if there are at least four
hours remaining prior to the end of the day shift.
All other provisions of Article XII, Section 5, of the current Memorandum of
Agreement shall apply.
53
Shift Chan_aes
Shift changes caused by scheduled time off or sick leave will not be considered
an official change in shift.
Maximum Hours Worked
No employee shall work more than 18 consecutive hours.
Rest Period
In a 12-hour workday, employees are entitled to a rest period, of 8 consecutive
hours after working 6 hours overtime during the 12 hours immediately prior to
the regularly scheduled hours, of work on a workday or non-workday.
Employees who begin their day or night shift on an observed holiday will receive
overtime~premium in accordance with Section 3, Article X, and eight hours
holiday pay according to Article X, Section 3 of the Memorandum of
Agreement. Employees on their regular day off will be paid eight hours holiday
pay for the holiday. Relief shift employees will be paid eight hours holiday pay
and given the day off. Holiday pay may not be converted to vacation .or
compensatory time off.~
Sick leave will be earned as indicated in Article XII, Section l(a) of this
Memorandum of Agreement, and shall be charged in.increments of one hour.
Floatin~a Days Off
Floating days off will be converted to hours at eight hours per day and credited
to the employees’ vacation bank for use as scheduled vacation.
,1% Annual December Ad_iustment
Operators will receive their 1% annual December adjustment as pay, subject to
possible negotiated changes in this benefit.
An employee’s total entitlement will be converted to hours (eight hours = one
day). A workday will consist of 12 hours, and employees taking vacation will
52
Relief employee(s) will be utilized within the 12-hours shift schedule only when
relieving for the System Operators on shift. When not relieving, they will work
four eight-hour shifts.
When a vacation relief week results in a 36-hour or 48-hour week, the next
following relief work week will be scheduled for three eight-hour and one four-
hour shift, or two eight-hour shifts, depending on whether 18 or 16 hours were
needed to bring the hours back to the 40-hour average.
Relief, Duties
An employee who is scheduled to perform relief duties shall be available for
duty in revolving shifts on any day of the week and may be assigned for relief
in any shift without advance not.ice. Relief employees will be paid standby pay
during their relief week.
Standb~
An employee who is on relief duties is covering standby, and will be
compensated-according to Article VIII, Section 7 (a) of the Memorandum of
Agreement. tf the .relief employee is .on vacation or otherwise unavailable for
relief duties, the employee(s), on their three- or four-day off period will be first
on standby.
Management reserves the right to utilize Management personnel as Operators
on a short-term, as needed basis, if no Operator is available.
Fillin_o Vacant Positions
If the City elects to fill a vacancy other than by reassignment of the shift or the
utilization of prior or succeeding shift personnel, the following procedure shall
be ~utilized:
Employees will be called according to their position on the Pre-arranged
Overtime List (POL), with the person with the lowest balance being the first one
called. The purpose of the POL is to fairly distribute the available opportunities.
If an employee turns down the overtime, that amount will be added to the
employee’s POL balance, if an employee cannot be contacted for such
assignment, the employee will not have any overtime added to their POL
¯ account balance.
51
Regulations, the employee will be guaranteed not less than 2080 hours per
year, or no less than 52 weeks at the normal number of hours worked per
week. Any employee covered by the Plan who works up to 2,080 hours per
year is compensated for all hours worked at the agreed upon rate. The City
must pay overtime for all hours worked in excess of 12 in any workday, 56
hours in any work week, or 2080 hours in 52 weeks as the case may be. The
rate of overtime will be at time and one-half the employee’s regular rate of pay
(or current contract overtime rate, if different).
The shift schedule shall be a rotating schedule which will allow the System
Operators .to reach the equivalent of 40 hours per week in five weeks.
Attached as Exhibit 2 is the shift schedule for the Utility Control Center
All 12-hour shifts shall begin at 7:00 a.m. and 7:00 p.m.
The Relief shift shall begin at 7:00 a.m. and end at 3:30 p.m.
Pay periods and work week will begin Sunday at 7:01 a.m.
Wa_(zes
Wages will be based on-the City of Palo Alto Compensation Plan, which may
varyfrom time to time as mutually agreed upon.
Under the 2080 Plan, the City will pay overtime for all hours worked in excess
of 12 in any workday, 56 in any work week, or 2080 in 52 weeks, as the case
may be.
Overtime will-also be paid for hours worked when an employee is called in to
work other than their regularly-scheduled shift. However, this provision shall
not apply to call-in work on an employee’s relief duties week. The overtime
rate of pay will be one and one-half times (or current contract overtime rate, if
different) of the employee’s regular rate of pay. All overtime worked will be
paid to the employee. No compensatory time off for overtime will be allowed.
Relief EmDIoyees
The five Operators share the relief week evenly as they rotate through the five
week cycle.
(b)
=
Standard daily office hours shall be Monday through Friday, between the
hours of 8:00 a.m. and 6:00 p.m. Flexible hours may occur for
supervision of, and/or attendance at, evening programs, meetings,
weekend events, or other programs.
Overtime
Emergency call-out work shall be defined as overtime work and
compensated per standard City practices.
If the need arises for overtime work due to an unusual circumstance
calling for extra hours or due to a special event, compensation shall be
allowed with prior approval of the Director of Recreation, or-the Director
of Arts and Culture, or the Director of Planning .and Community
Environment, and shall be compensated for, as spelled out in the
Memorandum of Agreement.
Section 3, 2080 Plan
(a)On a trial basis, for a period of52 weeks, the City and the Union agree to
implement a 2080 Plan pursuant to 29U.S.C. 207 (b)~for the classification of
Electric System Operator. At the conclusion of the 52 weeks trial .period, the
City and the Union will meet to determine whether or not the. 2080 .Plan shall
be continued. Continuation of the Plan will require agreement of the City .and
the Union. During the trial period, either the Union or the City may withdraw
from the ~Plan by giving the other party.30 calendar days written notice, in the
event of termination.of the plan, either during or at the conclusionof the trial
period, the Covered classifications will return to an 8-hour or other authorized
workday as provided under Article VIII, Section 1, of this Memorandum of
Agreement.
During the trial period, the City and the Union will meet within six months of
the beginning of the Plan to review the status and make adjustments if
indicated .-
(b)Provisions of the 2080 Plan are as follows. To the extent that these provisions
are in conflict with other provisions of the Memorandum of Agreement, these
provisions will prevail.
Under this 2080 Plan, each employee’s hours of work per year may not exceed
2,240. For scheduling purposes, and subject to the Merit System Rules and
49
APPENDIX D
Section 1, Exceptions to Standard Workday or Work Week for SEIU Representation
Unit
DEPT/DIVISION
COMMUNITY
SERVICES
Arts & Culture
Division
Library Division
CLASSIFICATION
Volunteer Coordinator
Workday OR WORK WEEK
VARIATION
Each week (30 hours):
15 hours of unscheduled
time; 15 hours of scheduled
time
Coordinator, Library
Programs
Librarian
Senior Librarian
Library Specialist
Library Assistant
Library Associate
In a given work week, staff
may work three eight-hour
days, one seven-hour day,
and one nine-hour day. On
a voluntary basis, staff may
work five non-consecutive
days within seven.
Section 2. Rules Governing Flexible Work Hours
These rules and procedures are established pursuant to Article VI, Section 8, and are
an application of Article VIII, Sections. 1, 2, and 3 of the Memorandum of Agreement
to the classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences
Programs; Program Assistant; Supervisor, General Recreation; Theater Specialist, in
the Recreation and Arts & Culture Divisions of the Community Services Department,
and the classifications of Associate Planner, Building Planning Technician, CDBG
Coordinator, Engineer, Executive Secretary, Office Specialist, Planner, Senior Planner
and Staff Secretary in the Planning and Community Environment Department.
(a)Flexible Work Schedule
Employees in the covered classification shall be permitted to arrange
flexible work schedules with division approval, providing that such
schedules shall include forty (40) hours per week.
APPENDIX C
No current exceptions. The last exceptions appeared in the 1985-87 Agreement.
11.A task force including journey level persons will be assigned to determine the
content and approach to specific elements of training.
12.Training will consist of on-the-job (OJT) and after hours elements (study and
formal classes). Off-the-job training costs will be funded by tuition
reimbursement and departmental funds. Personal time spent in off-the-job
training will not be compensated.
13.The apprentice will be under the continuing guidance of an appropriately qualified
journey level person during OJT. Such journey level persons will be assigned by
Management from among volunteers and will receive no additional
compensation.
14.Qualifications/progress will be verified by appropriately kept records.
15.Unless specifically stated otherwise, regular City personnel policies and MOA
provisions will apply to the apprenticeship program.
16.This program may become a conceptual model for apprenticeships in other
divisions or departments.
ELECTRIC SYSTEMS DISPATCHER APPRENTICE:
May lead to Electric System Dispatcher position. Provisions of the training program
to be developed with a target date of January 1, 1995.
APPENDIX B
APPRENTICESHIPS
WATER QUALITY CONTROL OPERATOR TRAINEE may lead to positions within Water
Quality Control¯
ELECTRIClAN/LINEPERSON - LINEPERSON/CABLE SPLICER APPRENTICE: May lead
to Electrician or Lineperson/Cable Splicer positions.
The Utilities Department is proposing to formalize the Apprenticeship programs in the
Electric Section to develop journey level electricians and lineperson/cable splicers. The
following are basic concepts/principles to be incorporated:
Positions/classifications to be identified through the normal budget process -
three initially.
The journey level position will not be a promotional opportunity for anyone other
than the apprentice underfilling the position, so long as that apprentice is
successfully progressing through the program.
Employees in the Electrical Assistant classification who qualify will be given first
consideration for the apprentice position prior to other City classifications or
recruiting from outside the City.
The Electrical Assistant classification will be viewed as a candidate source for
the’ apprentice program when considering qualifications for hiring electrical
assistants.
=
A letter of agreement will be entered into by the apprentice and the City
identifying the terms and conditions of the program.
The program will normally require 36 months to complete.
Normal progress through the program will be in periodic increments with formal
evaluations.
Salary steps will be established to bridge the Electrical Assistant classification
into the journey level classification.
A process for initial selection and placement in the program will be established.
A procedure for removing an unsuccessful apprentice from the program will be
developed.
ARTICLE XXVII - TERM
The Term of this Memorandum of Agreement shall commence On May !, 1"996, and
shall expire on April 30, .1998. Either party may serve written notice upon the other
party during the period between ninety and sixty days prior to April 30, 1998, of its
desire to amend this Memorandum of Agreement. If, at the time this Memorandum
of Agreement would otherwise terminate, the parties are negotiating a new
Memorandum of Agreement, upon mutual agreement the terms and conditions of this
Memorandum shall continue in effect.
EXECUTED: July 17, 1996
FOR LOCAL 715, SEIU, AFL-CIO, CLC:FOR CITY OF PALO ALTO:
s/Mary Lee
s/Bill Campbell
s/Bert Charlesworth
s/Curtis Dunn
s/Fernando Encisco
s/Bob Gundrum
s/Dave Inouye
s/Michael Litfin,
s/Angelo Lombardo
s/Tony Medeiros
s/Dan Serna
s/Jay Rounds
s/Susan Ryerson
s/Paul Thiltgen
s/Tony Sandhu
s/John Walton
s/Larry Starr
s/Rodger Jensen
s/Michael Jackson
44
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 application as
may be approved by Management.
ARTICLE XXVI - ~ COMPUTER LOANER PROGRAM
During the term of the agreement, subject to availability of surplus computers, the City will
continue the Computer Loaner Program. The Union will assist in implementing the
program by supplying volunteers as needed for technical support, to assist in selection of
participants and for distribution and return of computers.
43