CC Resolution No. 8411A
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RESOIlJI'ION NO. Rid 1
A RESOIlJI'ION OF THE Cl'I'Y CXXJNCIL OF THE CITY OF CUPERI'INO
AOOPl'ING A MEK>RANWM OF UNDERSTANDING BE'lWEEN THE CITY
OF aJPERI'INO AND THE OPERATING ENGINEER'S LOCAL NO.3
WHEREAS, seveial discussions have been held over proposals
concerning wages, hours and other conditions and terns of
employment between representatives of the City and of the
Operating Ergineer's Local Union No.3, recognized majority
representative of the Public Works Unit; and
Whereas, the êlg:reernent mutually obtained through these
discussions has been recorded in a Memoranch.nn of Understanding
signed by both parties, which memoranch.nn has been submitted to
-'1e city Council for approval;
New, 'lliEREFORE, BE IT RESOLVED that the City Council of the
City of CUpertino does hereby adopt the attached Memorandum of
Understanding between the city of CUpertino and the Operating
Engineers Local Union No.3.
PASSED AND AOOPI'ED at a regular meeting of the City Council
of the city of CUpertino this lst day of Julv , 1991 by
the following vote:
vote
Members of the citv Council
AYES:
Goldman, Rogers, Sorensen, Szabo, Koppel
NOES:
None
ABSENl':
None
ABSTAIN:
None'
APPROVED:
/s/ ,Barb Koppel
Mayor, City of CUpertino
ATl'EST:
/s/ Dorothy Cornelius
city Clerk
OPERATlliG ENGINEERS
INDEX
Cateaorv Section SUbl ect Paqe
DEFINITIONS 1.1 city 1
1.2 Union 1
1.3 Erlployee 1
UNION RECœNITION 2.0 Union Recognition 2
NON-DISŒIMINATION 3.0 Non-Discrimination 2
REPRESENTATION RIG!fI'S 4.0 Representation Rights 3
EMPLOYEE RIG!fI'S 5.0 Erlployee Rights 4
CITY RIG!fI'S 6.0 City Rights 4
PERMANENr TRANSFERS 7.0 Permanent Transfers 5
NOI'IFICATION OF 8.0 Notification of Proposed 5
PROFœED CHANGE O1ame
HOURS OF w)RK: 9.1 Hours of Work Defined 6
0VERl'IME 9.2 Schedules 6
9.3 Rest Periods 6
9.4 OVertime 7
9.5 Payment of OVerti1ne 7
9.6 CoIrq;Jensatory Ti1ne Off 7
a:MPENSATION FOR 10.1 Wage Rate Schedules 8
SERVICES 10.2 out-of-Class Wage Rates 8
10.3 Starrlby CoIrq;Jensatic:¡· 9
10.4 Callback Pay 9
10.5 Mileage Re:il!1bursement lO
fUBLIC EMPLOYEES 11.0 Public Erlployee Retirement
RETIREMENT System Contribution lO
CONI'RIfUI'ION
HEAL'IH & WELFARE ~~ .n::; 12.0 Health & Welfare Benefits 10
lliSURANCE 13.0 Insurance 11
PAID ABSENCES 14.1 Fixed Holidays 11
14.1.1 Holiday Pay l2
14.2 Floating Holiday Leave 13
14.3 Vacations 13
14.3.1 Vacation Accrual Rate l4
SICK IEAVE 14.4 Sick Leave l6
Operating Engineers Irxiex
Page 2
C&tE!CIOJ:V Section SUbiect Paqe
l4.5 Personal Leave l6
14.6 Bereavement Leave l6
14.7 MilitaIy Leave l7
14.8 Pregnancy Disability Leave l7
14.9 Adoption Leave l8
14.10 Absence Notification l8
14.11 Catastrophic Leave 19
SICK lEAVE ACCUMUlATION l5.0 sick Leave Accumulation 20
(X)NVERSION Conversion
SAFEI'Y EÇUIIMENT 16.0 Safety Equipment 23
TRAINING AND 'IUITION 17.0 Training and Tuition 24
REIMBURSEMENT Reilnbursement
17.1 SafetyjTraining Committee 25
TEMroRARY DISABILITY l8.0 Te1Tporary Disability Benefits 25
BENG.l'!1:> 18.l Use of sick Leave to supplement
Te1Tporary Disability Payments 25
DISCIPLINARY AcrION 19.0 Disciplinary Action 26
lAYOFFS 20.0 layoffs 28
REDlSTATEMENl' 21.0 Reinstatement 29
PERFORMANCE E.VAIIJATIONS 22.0 Performance Evaluation Pr=ess 29
MAINI'ENANCE mRKER III 23.0 Maintenance Worker III 29
Ia3ITION Position
GRIEVANCE POOCEIXJRE 24.0 Grievance Procedure 29
IMPASSE POOCEIXJRE 25.0 IIrpasse Procedure 33
(x)NI'INUATION OF BENG .l'.l1:> 26.0 Continuation of Benefits 35
SEPARABILITY 27.0 Separability 35
RATIFICATION 28.0 Ratification 36
28.1 ' ExteOOed Benefits 36
TERM 29 Te1:m 36
WAGE RATE SæEIXJIE Wage Rate Schedule 37
Memorandum of Urrlerstan:ting
Between
Cl'I'Y OF aJPERI'INO
and
OPERATING ENGINEERS LOCAL UNION NO.3, AFIrCIO
'Ihis agreement, entered into the lst day of July, 1991
between the official representatives of the City of CUpertino,
hereinafter referred to as "City", and the official
representatives of the Operating Engineers Local Union No.3,
AFIrCIO, hereinafter referred to as "Union", sets forth the
aY.Lêdnent resulting from the several discussions held between the
two parties concerning the wages, hours, terns and con:litions of
employment for the employees of the Public Works Unit of the
City, for which the union is the recognized sole and exclusive
majority representative. '!his a<,{teernent represents the entire
and integrated agreement between the city and the union and
supercedes all prior representations and ay.L.....œnts, whether
written or oraL
General Provisions
SECI'ION 1. 0: nF.F'TN1'M'ONS
1.1 çm - the city of CUpertino, a m.micipal corporation.
1.2 Union - Operating Engineers Local Union No. 3 of the
International Union of Operating Engineers, AFIrCIO.
1. 3 EmDlovee - All employees whose positions are contained
in the Public Works Unit .L...;og¡lized p.u:suant to section 2.52.470
of the CUpertino MJnicipal Code.
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SEcrION 2.0: UNION REO:X;NITION
Pursuant to section 2.52.480 of the City Code and
applicable state law, the union is ~...::cg¡lized by the City as
majority representative of the employees within the Public Works
unit consisting of the followirg classifications as well as any
new classifications which may be appropriate for this unit as
determined by the Mmicipal Eitployees Relations Officer:
Maintenance Worker I
Water utility Worker I
Maintenance Worker II
Water utility Worker II
Maintenance Worker III
Equipnent Mechanic
2.1 '!he' City shall pratptiy notify the Union of its
decision to iItplement any and all new classifications pertaining
to work of a nature performed by employees in the bargaining
unit.
2.2 '!he City agrees to re-evaluate the current
classifications and to set "out of class" standaJ:às and report
the fin:lin;r-; and hold ñi""""....ions with the Union prior to March
31, 1992.
SEcrION 3.0: NCN-DISCRIMINATION
In ao::1OJ:àarx:e with the City of CJpertino Aff.innative Action
Plan, all eD¡)loyees shall have equal OWOrtunity ill empl~t
without regard to race, religion, political affiliation, national
origin, sex, handicap, sey",.l orientation or age.
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SEcrION 4. 0: REPREsENTATION RIGHTS
4.1 The City arx:1 Union shall not interfere with,
intimidate, restrain, coerce or discriminate against enployees of
the City because of their exercise or representation right urx:ler
Section 3502 of the Government Code.
4.2 &Jsiness Representatives of the Union may have access
to any enployee or enployees presenting a grievance and enployees
have the right to have the Union &Jsiness Representative
represent him or her at all stages of discipl.inazy action.
4.3 The Union may select one (1) enployee for each
location where enployees COVered by this Mem:Jrandum are normally
assigned as Union Steward.
4.4 In addition to h!s\her regularly assigned work, the
Union Steward shall be permitted reasonable time during working
hours to notify the &Jsiness Representative through the IroSt
rapid means appropriate and available of any alleged violations
of this Mem:Jrandum. Enployees are authoriZed to contact their
Union Steward during working hoors to report an alleged grievance
or violation of this Memorandum.
4.5 The City agrees to deduct on a biweekly basis the
ronthly Union membership dues fran the earned wages of each
enployee within the bargaining unit upon receipt of signed
authorizatiœ to do so fran each enployee concerned. Union
agrees to provide a monthly list of active membership desiring ,
dues deductions to the City. Teminations and other personnel
~es affecting dues payment will be provided to the Union by
the City.
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4.6 '!he City and the Union desire to work towards a good worJdn;J
environment which includes productivity and respect for each
irrlividual regardless of classification or representation.
sECI'ÌON 5.0: EMPLOYÈE RIGHrS
Enployees of the City shall have the right to fom, join
and participate in the activities of employee OJ:ganizations of
their own choosing for the purpose of representation on all
matters of employer-enployee relations including wages, hours,
and other terms and corxlitions of employment. Enployees of the
city also shall have the right to refuse to join or participate
in the activities of employee organizations and shall have the
right to represent theJt!!=lves irrlividually in their employment
relations with the City. No employee shall be interfered with,
intimidated, restrained, coerced or discriminated against because
of hisjher exercise of these rights.
SEcrION 6.0: Cl'I'Y RIGHrS
'!he rights of the city include, I::ut are not limited to, the
exclusive right to determine the mission of its constituent
departments, cxmnissions and boards; set stan::1ards of services;
determine the proc~ñl1res and stan::1ards of selection for
employment and ~~Œ1; direct its E!IIployees; take disciplinary
action; relieve its E!IIployees fran duty because of lack of work
or for other legitimate reasons; maintain the efficiency of
goverrnnenta1 operations; determine the content of job
classifications; take all neoes~~>y actions to ,carry out its '
mission in emergen:::ies; and exercise cœplete control and
discretion over its organization and the tedmology of perfonning
its work.
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The City shall give forty-five (45) days prior written
notice to the union of the intent and anticipated ilnpact of
proposed contracts for work rDÑ being done or new work that could
be done by job classifications represented by the Union.
SECITON 7.0 PERMANENl' TRANSFERS
Employees shall be notified in writing of any permanent
transfer fran one division to another five (5) days prior to the
effective date."
SEcrION 8.0: NOI'IFICATION OF PROR:\SED æANGE
City agrees to serve written notice upon the Union of any
intent to cl'1an;Je or alter any Ort:Ü.l1ance, rule, resolution or
regulation affecting the recognized employee organization on
matters relating to the scope of representation. Upon receipt of
the written notification of intemed cl'1an;Je, the parties will
meet at a date not less than fifteen (15) days following receipt
of intent. After notification, the parties may mutually agree
that the Meet and Confer provisions are satisfied by the written
notice.
In cases of emergencies when the City detennines that an
ordinance, rule, resolution or regulation !lUSt be adopted
ilI1mediately witha1t prior notice of meeting with the union, the
City shall provide such notice and OWOrtunity to meet at the
earliest practical time following the adoption of such ordinance,
rule, resolution regulation consistent with this a91.e.....ent.
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SEcrION 9. 0 : HCURS OF WJRl(; 0VE:Rl'II1!;;
9. 1 Hours of Work Defined
HourS worked shall include all time not un:ier the
control of the employee whether such hours are worked in the
,City's work place, ' or in sane other place where the employee is
can:y~ out the duties of the city.
'!he nonnal work week shall be 40 hours in seven days.
9.2 Schedules
It will be a management responsibility to schedule the
hours of work for each employee covered by this agreement.
Except in unforeseen circ:tmlstanCeS, chan;¡es in employee's hours
of work will be nade after ten days prior notice. No
non-emergency work will be scheduled for weeJœnjs, when a holiday
falls in conjunction with a wee]œni.
Volunteers will be solicited for any shift which begins
after 9:00 A.M. If there are no volunteers, the permanent
employee with the least seniority will be assigned for a maximum
period of twelve nv;¡nths. '!he City will erxieaver to maJœ six nv;¡nth
nv;¡nth assignments whenever possible
'!he City further agrees to review for iltpleœntation any
pz:qx¡sa1 by the union for non traditional schedules c:c:mt¥)nly
referred to as flex-time. SUCh a propos:"l IIØJSt address the
issues of fatigue, safety, traffic and neighbort1ood intrusion.
9.3 Rest Ðori /'rl..
Each employee shall be granted a rest period of fifteen
mimutes during each work period of nv;¡re than three hours
duration. No wage deduction shall be made nor time off charged
against employees taking authorized rest periods, nor shall any
rights or overtime be accrued for rest periods not taken.
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9.4 Overtime
Overtime shall be defined as any work in excess of
section 9.1 above. Holidays arxi paid time off shall count toward
the accumulation of the work week.
Overtime work for the City by an enployee shall be
authorized in advance by the Deparhnent Head or their designee.
In the event of unforseen circumstances, overtime shall be
approved after the work is c:c:II!pleted.
9.5 PaYment of Overtime
All approved overtime work perfoD!led by enployees
shall be paid at the rate of one arxi one-half (1 1/2) times the
normal rate of pay. Work perfoD!led on regularly scheduled days
off, City Holidays or during an enployee's scheduled vacation
shall be considered to be overtime and paid aCCOrtiÏIx]ly.
9.6 Ct"Jrnn.>nsatorv Time Off
At enployees discretion, CCIIpensatory time off maybe
granted for overtime worked at the rate of time and one-half for
each hour worked in lieu of CCI!pel1Sation in cash. Ðtployees who
have previOUSly earned CCI!pel1Satory time, shall be allowed to
schedule CCIIpensatory time off at dates of the enployee's
selection provided: I) that prior BUpeJ:visory approval has been
obtained, am 2) it is taken prior to the second pay period in .
I::ecember of each calemar year and 3) the request is made in
writing.
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CoI!q)erlsatory time may be aœrued, up to 60 hours but
must be taken before the first pay period in December. l>Jrí
c:orrpensato¡:y time remaining on the books after this time will be
paid off in cash at the rate of time and one-half. l>Jrí overtime
worked after the first pay period of December and before the
first pay period in January must be paid in cash at the rate of
time and one half.
SEcrION lO. 0: <X!1PENSATION FOR SERVIl"'!"!';
lO. 1 Waqe Rate Schedules
'Ihe city agrees to rates of pay for the
classifications covered by this a': .L..eroent in the ranges and steps
of the Schedule of Pay Grades as reflected in Attachment "A" of
this a': leement to be effective June 19, 1991. Furtherm:>re, the
City agrees to pay a 10% differential to employees assigned to
lead responsiliilities for the INeeJœrù program. Other employees
assigned to the weeJœrñ program will receive a 5% pay
differential.
lO.2 Out-of-Class
TeIIp)rary assignment to a position assigned to a
classification in a higher pay grade shall be ~ted at the
step 1 rate of the higher classification, or at a rate five
percent greater than that of the regular position, whichever is
greater, for the I11-" of ho.Jrs so assigned. -
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'!he teltp:>rary assigment shall be authorizd in writing by
the SUperinten:lent of Public WOrks. No employee shall work in a
higher classification withoo.t written notice. A CDp'f of the
authorization shall be submitted with the tiIresheet for the
affected pay period. No increase in the wage rates shall apply
in instances of MaintenaJx:e Worker I positions teltp:>rarily
assigned to positions of MaintenaJx:e WOrker II classification.
10.3 Standby ComDensation
Employees who are required to be available durin;¡
their off-shift hours for possible recall for emergency sexvice
shall be c:atpmsated at the rate of $100 per employee per l28
hours so assigned. Mininumt nanning and skill qualifications for
st:.ardby assigrunent shall be determiJ1ed by the City. Assigment
of such stan::1by duty shall be rotated on an equal basis am:m;¡ all
qualified employees who reside in an area that provides an
acceptable response time as determiJ1ed by the City.
lO.4 C';ollh;ock Pav
If arr¡ employee is called or required to repv:¡; t for
assigned emergency or other duties during the period of the close
of the regular '«Irk day and the start of the next following '«Irk
day, c:atpmsation shall be paid at one and one-ha1f (l 1/2) times
the normal rate of the period the employee is required to be
available at the '«Irk statioo, and for travel time in connection
therewith to and fran the euployee's c:ustanary residence at one
and one-half (1 1/2) times. un:Jer such c:ixculœtanceS a miniJm.m¡
payment will be made equivalent to t'NO hours at one and one-half
(1 1/2) times the normal rate of pay.
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,10.5 Mileaae Reilnbursement
Employees who are required to use their personal
vehicles for City Business shall be reilnbursed for such use at
the rate established by the IRS.
SEcrION 11.0: PUBLIC EMPlDYEES REI'IREMENI' SYSTEM (x)NI'RIBUITON
'Ihe city agrees to pay the employee's contribution rate to
the Public Employees Retirement System not to exceed 7.0% of
applicable salary. F\1rtheJ:more, the City agrees to adopt the
PERS a:men:Jment known as "2% Kr 55".
Employees agree, to pay 1.5% of their salary for 1991-l992
into a trust funj to offset the cost of the PERS a:men:Jment's
unfurrled liability to be paid until 2011.
FurtherlOOre in fiscal year 1992-l993 an additional .5% of
salary will be paid into the trust funj. SUbsequent adjustments
will fluctuate with the PERS rates.
SEcrION 12.0: HF1IIlIH AND WELFARE BE}.¡~ n::>
'Ihe City agrees to make available a plan of comprehensive
health and welfare benefits for eligible employees, as well as
those provided by the Operating Engineers Health and Welfare
Trust F'urd for Northern California. Arrj such benefits program
must have the contiIu1ed approval of the Board of Administration,
Public Employees Retirement System. For each participating
employee, the City shall contribute toward the premium due the
lesser of either the actual premium cost or the amount of $408.26
per m::>nth during the period of August l, 1991 through June 30,
1992. Required contribution amounts exceeding the premium
contribution of the city are the responsibility of the employee.
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SEcrION 13.0: rnSURllNCE
'Ihe City agrees to pay the premium for a program of income
protection insurance for eligible enployees for the same level of
coverage rr::M in effect. Like other non-irdustrial disabilities,
enployees may use sick 'leave and vacation leave to supplement
lost wages.
'!he City shall provide life insurance and accidental death
and dismemberment coverage for each enployee in the amount of
five times annual salary to a maximum benefit of $250,000.
SEcrION 14.0: PAID ABSENCES
l4.l Fixed Holidavs
'Ihe City shall provide the following fixed paid
holidays for eligible enployees covered by this ayle..uent:
l. New Year's Day 9. au-istmas Eve (1/2
2. washi.n;ton's Birthday shift, regular
3. Me1rorial Day workday only)
4. Irxieperxience Day 10. au-istmas Day
5. labor Day 11. New Years Eve
6. Veteran's Day (l/2 shift,
7. 'Ihanksgiving Day regular workday
8. Day follCMing only)
'Ihanksgiving 12. Martin Luther KÍD3' Day
'Ihe City Cooncil shall have the right to declare any other
day as a holiday.
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When a holiday falls on a Sun:Jay, the followirq Morday
shall be observed as the non-work day. When a holiday falls on a
Saturday, the previous Friday shall be observed as the non-work
day.
Nothin;¡ contained herein shall preclude the right of
the DepartJnent Head, with the approval of the Appointirq
Authority, to reschedule work assigrnnents or hours of work to
meet emergency situations and other administrative neœssities
caused by the observance of a holiday or non-work day or perioo;
provided, however, that all such affected employees are duly
compensated for said rescheduled work assigrnnents.
l4.l.l Holidav Pav
In order for an employee to receive hisjher
regular pay for a holiday or designated non-work day, work must
be perfonned on the regular scheduled day before and the regular
scheduled day after the holiday or designated non-work day.
~loyees on vacation, injury leave, approved short term leave of
absence, with or without pay, or who submit satisfactory evidence
of personal illness shall be considered as 'oIOrking their regular
schedule for pay p.npcs-es.
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l4.2 Floatina Holidav Leave
In addition to the foregoing paid holidays,
eligible eDi>loyees shall be allowed to schedule 20 hours as
additional holiday' leave not to be taken in increments ,of less
than 4 hours. '!his floating holiday leave shall be taken at
dates of the eDi>loyee's selection provided: l) that prior
supervisory approval be obtained, and 2) be taken before the end
of the 2m. pay period in December of each calen:!ar year.
For new eDi>loyees, floating holiday leave will be
pro-rated in the following manner:
1. Enployees hired after January 1 but before March
31 shall be entitled to 20 hours floating holiday
leave in that calen:!ar year.
2. Enployees hired after April 1 but before
September 30 will be entitled to 10 hours of
floating holiday leave that calen:!ar year.
3. Enployees hired after October 1 but before
December 31 will not be entitled to floating
holiday leave in that calerx:!ar year.
14.3 Vacations
All euployees, other than those holding tenp:¡rary
status, whose ~ assigranent is of a recurring nature of not
less than a normal ~k week shall accrue vacation credits during
the calerx:!ar year. After six mnths of continuous eDi>loyment,
accrued vacation may be taken. An eDi>loyee may a=ue no Irore
vacation credit than twice the annual rate being eamed.
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Upon termination of employment, unused vacation
may not be used to exterxi final employment date beyorxi the annual
rate of vacation being earned.
Represented employees may convert, on a once per
calen:1ar year basis, unused vacation time for payment subject to
the following con:litions:
1. '!he employee must have accrued vacation of at
least l5 days.
2. Arrý payments made for unused vacation will be
subject to all appropriate taxes and deductions
as determined by the Finance Department.
3. Minimum exchange will be 1 day, naxilmJm exchange
will be 5 days. All changes are irrevocable.
14.3.1 Vacation A=rua.l Rate
!).¡ring the first three years of employment, an
employee shall earn vacation credit on the basis of 5/6 workday
or the hourly equivalent for each CCII1plete m::mth of =ntinuing
service.
!).¡ring the fOoJrth calen:1ar year of employment, an
employee shall earn vacation credit on the basis of one and
one-fOoJrth (1 1/4) v¡ork days or the hourly equivalent for each
CCII1plete month of continuing service.
!).¡ring the tenth year of employment and thereafter, an
employee shall earn vacation credits at the rate of one and
five-twelfths (1 5/12) v¡orJe day or the hourly equivalent for each
IOOnth of CCII1pleted continuious service.
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!).¡ring the fifteenth year of employment am thereafter, an
employee shall earn vacation creclits at the rate of one am
two-thirds (1 2/3) work day or the hourly equivalent for each
month of CCII¡)letEd continuous serivce.
!).¡ring the twentieth year of employment and
thereafter, an employee shall earn vacation creclits at the rate
of one and five sixths (1 5/6) work day or the hourly equivalent
for each month of cx:nrpletEd continuous service. An employee may
can:y over to the next. year any portion of vacation credit but
shall be limitEd to not more than that which was earned during
the previous year.
14.3.2 Full vacation leave shall be taken at one time by
anyone employee whenever possible. '!he time during the calen:!ar
year at which an employee shall take hisjher vacation shall be
determined with due regard for the wishes of the employee and
particular regard for the needs of the service. Vacation leave
of less than the full ~ earned may be taken with the
approval of the Department Head.
14.3.3 On temination of employment or on receiving a
leave of absence of more than three (3) mnths, an employee who
has CCII¡)leted twelve (12)!laIths of continuous service with the
City shall be entitled to receive cœpensation for all earned but
unused vacation accrued at the time of teJ:mi.nation or at the
start of said leave of absence.
14.3.4 '!he a=1 of vacation creclits for those
employees whose noDllal work ~ is of not less than one-half
(1/2) time shall be proratEd according to the time of the
rec:u=ing work assignment as to the noDllal work ~.
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l4.4 sick Leave
All full tilne e.nployees, other than those holding
temporary status, shall earn eight (8) hours per IOOnth sick leave
tilne without limit on accumulation. Those permanent e.nployees
working less than full tilne (at least 20 hours per week) shall
earn in one IOOnth the number of hours of sick leave they WOUld
nonnally work in one day or the equivalent without limit on
accumulation. Employees absent without pay for any reason for
IOOre than forty (40) hours during a calenjar IOOnth shall not earn
sick leave benefits for that IOOnth.
With proper notice and approval of the
supervisor, sick leave shall be taken in periods of no less than
one-half (1/2) hour increments.
14.5 Personal Leave
'!he City shall allow twenty-four (24) hours per
year of accumulated sick leave to be used for corxiucting personal
business which cannot be corxiucted outside regular working hours
or for family medical emergerx:ies.
'!he e.nployee IIU.ISt request leave, at least
forty-eight (48) hours (two working days) prior to the tilne of
utilization and state the reason for the request on the fom
presently provided.
14.6 ~,..,.,..,..".."t T """IA,
Employees shall be granted paid bereavement leave
not to exceed three (3) work days upon the occasion of death of a
close relative. Close relatives are defined as mother, father,
sister, brother, wife, husband, child, granjparent,
graOOchj:ldren, mother-in-law and father-in-law.
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l4.7 Militar¡ Leave
Military leave shall be granted in a=rdance
with the provision of state law.
All 'enployees entitled to military leave shall
give 'their supervisor an o¡:portunity, within the limits of
military requirements, to detennine when such leave shall be
taken.
14.8 Precmancv Disabilitv Leave
A pregnant enployee is entitled to up to four
IOOnths leave of absence without pay for te!tp:)rary disability
resulting from pregnancy, miscarriage, childbirth or reca<lery
therefrom. Employees shall take unpaid leave of absence during
such leave except that accrued vacation pay and sick leave may be
taken at the option of the enployee.
As with all other te!tp:)rary disabilities, a
physician's certificate is required to verify the extent and
duration of the te!tp:)rary disability.
An enployee who plans to take a pregnancy leave
must give a reasonable notice (not less than 4 weeks) before the
date she expects to take the leave and the estimated duration of
the leave. 'lhe City will pay health and welfare benefits at the
same rate as prior to the leave until the euployee is released by
her physician to return to work or for sixty, (60) days, whichever
.xrnes first.
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l4.9 AdOPtion Leave
Upon request, a leave of absence without pay for up to
four (4) weeks will be granted to adoptive parents. Accrued
vacation pay and sick leave may be taken at the option of the
enployee during this leave time. '!he City will pay health and
welfare benefits at the same rate as prior to the leave.
l4.l0 AbsenceNotification
An enployee is expected not to absent
herself/hi1nself frcm work for any reason, other than personal
illness, without making prior arran;¡ements with his/her
supeJ:Visor. Unless prior arran;¡ements are made, an enployee who,
for any reason, fails to report for work 1IU.1St make a sincere
effort to .immediately notify hisjher supeJ:Visor or office
personnel of hisjher reason for being absent. If the absence,
whether for personal illness or otherwise, is to continue beyond
the first day, the enployee 1IU.1St notify the supeJ:Visor or office
personnel on a daily basis unless otherwise arran;¡ed with his/her
supeJ:Visor. In proper cases, exceptions will be made.
Any unauthorized absence of an enployee frcm duty
shall be deemed to be an absence withaIt pay and will be grounds
for disciplinary action by the Department Head. In the absence of
such disciplinary action, any ei1i>loyee who absents
herselfjÞi_lf for three (3) days or m:>re without authorized
leave shall be deemed to have resigned. SUch absence may be
covered, however, by the Department Head by a fOllowing grant of
leave with or withaIt pay when extenuating circumstances are
fOlJl'Xi to have existed.
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14.11 Catastrochic Leave
1. '!he City will fonn a camnitte to establish a definition of
catastro ;tú.c or life-threatening illness. '!his camnittee
will evaluate each in:lividual case when it is submitted to
qualify to receive fums. '!he only limitation is that the
employee must be the one facing the illness. '!he camnittee
has the right to ask the applicant to submit further
documentation from their physician to determine the
applicant does suffer a cata.stroFhic or life-threatening
illness.
2. All benefitted employees who have passed initial probation
with the City will be eligible to receive assistance. An
employee does not have to be a contribltor to be eligible.
An employee or their representative !lUSt ccmplete a
prescribed a~lication fonn together with supporting
medical documentation to the Personnel Office when a~lying
for fums.
3. A recipient !lUSt have used all of their available leave
hours before hefshe is eligible.
4. '!he mi.nimJm time an employee could receive fums WQÙd be
one week. '!he JDa)limnm am:::JUI1t is t'NO 1tDI'1ths (:urn beccl<les
available at this time) .
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SECrION l5.0: SICK lEAVE ACCUMlJIATTON CDNVERsION
'lhe City agrees to pay employees covered by this agle..,,,ent
for unused balances of sick leave upon retirement or teDnination
for other than just cause according to the following schedules:
15.1 If upon retirement, which shall require the fonnal
filing of the a~ropriate foJ:11lS with the Public Employees
Retirement System, employee has, 320 hours of accumulated sick
leave a cash payment will be made equivalent to seventy-five
percent (75%) of the dollar value of the unUSed sick leave
balance. Dollar value for such payment shall be calculated at a
wage rate which is the average of the p~irg five (5) years
for the employee.
15.2 If upon teDnination for other than discharge with just
cause, an employee has 320 hours of at"rl1lnl11ated sick leave a cash
payment will be made equivalent to fifty percent (50%) of the
dollar value of the unused sick leave balance. 'lhe dollar value
for such payment shall be calculated at a wage rate which is the
average of the p~irg five (5) years for the employee.
15.3 Represented employees will have the option, subject
to a~roval, of =nverting sick leave ,to vacation leave on a
two-to-one basis. 'lhe maxiJm.m¡ allowable exc:harge will be 96
hours of sick time for 48 hours of vacation leave per calen:!ar
year. MilWIum exc:harge will be 8 hours sick leave for 4 hours of
vacation. An employee may convert sick leave in e""""Ss of 320
hours to vacation leave on a one-to-one basis to a maximum of 48
hours and a minimum of 4 hours.
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As a corxlition of converting sick leave to vacation,
all eITployees will be required to use at least one-half (l/2) of
vacation a=ed during the previous twelve (12) JOOnths.
SUch conversion, either to ex~e sick leave for
vacation or vice versa shall be subject to the followin;¡
corxlitions:
1. All requests to exc:harge sick leave for vacation
tillle shall be submitted in writing to the
Deparbnent Head at least 60 calen:1ar days in
advance of inten:ied vacation utilization.
2. 'Ihe granting of such exc:harge and subsequent use
will be at the discretion of the Department Head.
3. If twelve (12) JOOnths have elapsed since approval
of the exc:harge of sick leave for vacation, and
the eITployee has not been pennitted the use of
the converted vacation tillie, (after submitting at
least one written request for utilization) the
eITployee will have the right to re-convert the
vacation time to sick leave in reverse ratio to
the original exc:harge. 'Ibis exc:harge will be
allowed ~ for previously converted sick tillle
to vacation and will not be pennitted for
regularly ao::rueci vacation tillle.
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4. If an enployee after converting sick leave to
vacation time, ema.usts all of hisjher remaining
sick leave due to injury or illness, he/she may
maJœ a written request to the Deparbnent Head to
re-convert vacation time to sick leave on a
reverse ratio basis. A[:prOval will be subject to
an assessment by the Deparbnent Head as to the
validity of the illness/injury and whether or not
a written physician's statement attesting to the
illness/injury is required will be at the sole
option of the Deparbnent Head.
5. If the enployee's vacation a=1 exceeds the
maximum allowable a=1, he/she will have the
option to re-convert vacation time back to sick
leave on a reverse ratio basis. SUch
re-conversion shall be lwted to previously
converted sick leave/vacation and may not exceed
the am::JUnt ~sazy to reduce the accrued
vacation to the maximum allowable. Regularly
accrued vacation time will not be eligible for
this re-conversion to sick leave and any
regularly accrued vacation time accrued in excess
of the maximum allowable will be disallowed and
not subject to utilization by the enployee.
NOI'E: 'As used in this docn",,,'1t, "reverse ratio" is
intended to mean that the ratio of sick leave to
vacation will revert to the original ratio at the
time the initial exchan;Je was ilTplemented.
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SEcrION l6.0: SAFETY ECUIR1ENr
The City will pay $275.00 per fiscal year to employees for
the purchase of safety equipnent as outlined below:
a. rain gear
b. hard hats
c. vests
d. safety shoes
e. goggles/safety glasses
f. gloves
g. ear plugs
'!he city shall retain the right to establish minimum safety
and quality stamards for the clothing and safety equipnent to be
used while perfoI11liIx1 assigned tasks.
For new employees the $275.00 safety and equipnent
allowance will be prorated until July 1 of the next fiscal year.
Any employee who, for whatever reason, teJ:minates his/her
employment with the city before the beginning of the next fiscal
year, shall return to the City the prorated value of said safety
equipment allowance.
'!he city will provide and launder shirts or overalls to be
worn while canying cut the duties of the City.
It will be the respollsibility of the employee to have the
required clothing an:3¡or safety equipnent r-i<>Q for the tasks
assigned. If an employee should be at y¡ork without the required
clothing or safety equipnent, that employee will not be paid
until he/she is at the y¡ork site with the required clothing
an:3¡or safety equipnent.
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SECI'ION l7. 0: TRAINING AND 'IUITION REIM!J.JRSEMENI
It is the intent of the City to recognize the value of
training to its employees; and to adopt a training policy which
will en:ourage employees to avail themselves of job related ,
educational opportunities that will advance their knowledge and
interests in the direction of their career with the City: and by
doing so to improve the Municipal service. Enployees who wish to
seek reil11burse:ment fran the City for training program costs shall
provide a written request for reil11burse:ment to their iImnediate
supervisor. 'Ihe request shall include the type of program,
sponsoring organization or institution, meeting times and costs
for such program.
A copy of the supervisor & superinendent' s r..cu.,.......mtion
to the Department Head shall also be provided to the employee.
'Ihe employee will initial supervisor's camnents and the
superinterx!ent's I.........,.,..n:Jation prior to going to the Department
Head for approval or denial.
Once a training program has been approved, any employee
covered by this Agreement W'OUld be eligible for reil11burse:ment
unless fun:js ~ for this activity have been exhausted.
However, no employee shall receive any reil11burse:ment until they
have provided satisfactory proof of S'lOOeSsful CCIIpletion of the
program.
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l7 . 1 Safety /Trai.n:im Comrni ttee
'Ihe City and the union agree to fonn a camnittee to
jointly develop a safety/training program to include, but not
limited to: CPR, first aid, safe VIOrk habits, and emergency
resPonse roles. 1he City and the union shall each have two (2)
members on the committee.
SEcrION 18.0: TEMFORARY DISABILIT'l BENJ:a' .1'1:)
AIr¡ enployee sustaining an injury arising out of, or in the
course of, the performance of his job and who cannot VIOrk at the
duties and responsibilities normally assigned to that job is
entitled to receive tenpJrary disability payments as prescribed
by state law.
l8.l Use of sick T ""ve to SUDDlement Temooraxv Disabilitv
Pavments
AIr¡ enployee entitled to receive tenpJrary disability
payments may elect to supplement sud1 payments with an aII'CUl1t not
to exceed that which is the enployee's 1Neekly earnings or weekly
earning capacity by use of sick leave payments to the extent that
such sick leave has been ac:c:roed to the euployee's account.
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SEcrION 19. 0: DISCIPLINARY AcrION
'!he city has a policy of progressive discipline. When the
need for discipline arises, the minimum discipl:il1ary action will
be taken commensuráte with the seriousness of the offense which
has resulted in such discipline. '!he severity of the discipline
will increase if corrective action is not taken.
'Ihe first an:J¡or ItDSt modest step of progressive discipline
in the case of minor breaches of the rules, regulations or policy
is a verbal wan1ing by the supeI.Visor in chaI:ge. If the breach
continues, or the offense is IOOre than minor, in the judgment of
the supeI.Visor, the employee shall be notified through the
issuance of an infraction notice. SUch infraction notices shall
remain in the supeI.Visors' file and be destroyed after twelve
IOOnths .
Should the offense, in the judgment of the supeI.Visor, be
so serious or be of a continuous nature, the supeI.Visor shall
l""^,,,",.en:I. IOOre serious repriInarxi measures or discipl:il1ary action
to the SUperinterrlent. 'Ihese measures would include, but not be
lilnited to, written repriJnan: s, suspensions and teDnination.
When the discipl:il1ary action recx:III!WèIñed by the supeI.Visor,
and with the concurreJX 8 of the SUperi.nt.ement, would inpict
"property rights" of the employee as defined by the cx:Alrts of
California, it shall be referred to the Director of Public Works.
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A written notice from the Director of Public Works to the
eq¡loyee at least five days prior to arrj action, shall state the
proposed disciplinary action. '!he notice shall also contain:
1. effective date and time of the proposed action
2. the aileged reason for the proposed action
3. the acts or cmnission which su¡:p::lrt the
allegation
4. the materials upon which the allegation(s)
are based and access to arrj other related
items
5. a "Slœlly" predisciplinary statement as to
the right of the enployee to respon:i either
orally or in writing to the Director of
Public Works prior to the effective date of
the proposed action; and the eq¡loyee's right
of appeal
6. a statement that the action will be0.... final if
the eq¡loyee fails to respon:i to the notice within
the specified time
It is urx:ierstood that an eq¡loyee's request for a Slœlly
hearing will ~4M'1e the effective date of action until the
Slœlly has been heard and the City has responded to issues raised
in the SIœlly hearing. In this case the effective date will be
five (5) days frail the Director's respoIlSe.
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SEcrION 20.0 LAYOFFS
layoffs of e¡¡ployees may be made by the Appointing
Authority for lack of furx:Js, lack of >/Ork or for other sbnilar
and just cause. '!he order of layoff shall be that which, in the
opinion of the Appointing Authority, will cause the, least
disruption of service to the City; provided, however, that within
any given position classification e¡¡ployees whose salaries or
wages are fi.!njed in part or whole by Federal e¡¡ployment grants
shall be laid off first before e¡¡ployees holding certified status
and who occupy positions fi.!njed from sources other than Federal
e¡¡ployment grants.
-28-
'Ihe names of ~loyees affected by layoff shall be placed
on a recall list for a period of two years in the reverse order
of layoff and shall have the first opportunity for reinstatement.
Failure to resporñ within ten days to a written notice of such
opportunity shall cause that name to be rem:JVed frcm the recall
list.
SEcrION 21. 0: REINSTA'!'EME:tIT
with the approval of the Appointing Authority, a permanent
or probationary ~loyee who has resigned with a good reco:rd may
be reinstated within twenty-four IICnths of the effective date of
resignation to a vacant position in the same or CCIITpëIrëIble
classification they previously occupied. Upon reinstatement, the
~loyee, for all puIp:ses, shall be considered as though they
had received an original appointment.
SECITON 22.0: PERFORMANCE FIlJI.n~TION ~
Copies of the starœrdized perfonnance evaluation procedure
will be readily available to Public Works ~loyees in the
service center office..
SEcrION 23.0: MAINl'EN1INCE WORKER III KSITIONS
'!he City agrees that an acting Mai.ntenaooe Worker III will
be assigned to lead a crew whenever ~t 'NOrk is done.
SEcrION 24.0: GRIEVANCE J:>Rn(' :TfJRE
Definition and Pt.", "''Iure A grievai10e is a disp¡te or
differerre of opinion raised by an ~loyee against the City
involving the meaning, interpretation or a~lication of the
express provisions of this Ayl~t or the Rules on Con:titions
of Employment or existing 'NOrk rules. A gri'MU'lce shall be
p~",,;,ed in the following manner:
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SteD l:
Arrj employee who has a grievance shall submit it
designated as a grievance to the employee's :i1rmediate supervisor,
who is designated for this pn:pose by the City. 'lbe supervisor
shall give the employee an oral answer within five (5) calerrlar
days after such presentation.
Stec 2: If the grievance is not settled in Step 1 and the
employee wishes to advance the grievance to Step 2 of the
grievance procedure, it shall be referred in writing to the
employee's next highest supervisor within five (5) calerrlar days
after the supervisor's oral answer, or answer due in step 1, and
shall be signed by both the aggrieved employee and the Union
Steward or Union B.Lsiness Agent. 'lbe written grievance shall
contain a CCII1plete statement of the facts, the provision or
provisions of this Agreement or 1tIOrk rules which the City is
alleged to have violated and the relief requested. 'lbe
supervisor or other person designated for this pn:pose shall
rJic:t'"l':=<'" the grievance within five (5) calerrlar days with the
employee and the Union Steward at a time I!Rltually agreeable to
the parties. If no settlement is reached, the supervisor or
other person designated for this p.¡rpose shall provide the
employee a written answer within five (5) calerrlar days fOllowing
their meeting.
!':h>n 3: If the grievance is not settled in Step 2 and the
employee wishes to ~ the grievance to Step 3 of the
grievance p1:~'>"e, it shall be referred in writing to the
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employee's Department Head within five (5) calen::1ar days after
the supervisor's answer in step 2 and shall be signed by both the
agrieved employee and the Union stewaI:tl or union 8.lsiness Agent.
The Department Head shall di",rI1C:" the grievance within five (5)
calerdar days with the employee and the union steward at a time
mutually agreeable to the parties. If no settlement is reached,
the Department Head shall give the City's written answer to the
employee within five (5) calerdar days following their meeting.
step 4: If the grievance is not settled in step 3 and the
employee wishes to appeal the grievance to step 4 of the
grievance procedure, the Union may refer the grievance to
advisory mediation as described belOW' within fourteen (14)
calerdar days after the decision is provided at the third step.
(1) The parties shall atteltpt to agree upon an advisory
amitrator within seven (7) calerdar days after receipt of the
notice of referral. In the event that parties are unable to
agree upon an advisory aJ:bitrator within said seven (7) day
period, the parties shall ill1llAiiately jointly request the state
Mediation and Conciliation Service to sul:mit a panel of five (5)
advisoI)' aJ:bitrators. Each party retains the right to reject one
panel in its entirety and request that a new panel be sul:mitted.
Both the union and the City shall have the right to strike two
(2) names frail the panel. The person remaining shall be the
advisoI)' aJ:bitrator.
(2) The advisory aJ:bitrator shall be notified of hisjher
selection and shall be requested to set a time and place for the
hearing, subject to the availability of Union and City
representatives.
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(3) The City or the Union shall have the right to request
the art:>itrator to require the presence of witnesses or
documents. The City and the Union retain the right to elTploy
legal counsel.
(4) The advisory art:>itrator shall submit hisjher
recu.,.,..ooation in writing within thirty (30) days fOllowing the
close of the hearing or the suhni"'''ion of briefs by the parties,
whichever is later.
(5) More than one grievance may be submitted to the same
advisory art:>itrator if both parties mutually agree in writing.
(6) The fees and expenses of the advisory art:>itrator and
the cost of a written transcript shall be divided equally between
the City and the Union; provided, however, that each party shall
be responsible for c:x:JI!p3I1sating its own representatives and
witnesses.
Limitations on Authority of Advisorv Arbitrator. The
"advisory art:>itrator shall have no right to amen:1, m:xlify,
nullify, ignore, add to, or subtract fran the provisions of this
Agreement. The advisory art:>itrator shall consider and decide
only the question of fact as to whether there has been a
violation, misinteIpretation, or misa¡:plication of the specific
provisions of this Agreement. The advisory art:>itrator shall be
enp:Mered to determine the issue raised by the grievance as
submitted in writing at the Second step. The advisory art:>itrator
shall have no authority to make a rec:mœn:1ation on any issue not
so submitted or raised. The advisory art:>itrator shall be without
power to make %"'(' ·,··..TX1ations oontrary to or inconsistent with,
in any way, a¡:plicable laws or rules and regulations of
administrative bodies that have the force am effect of law.
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The advisory arbitrator shall not in arrj way lilnit or interfere
with the powers, duties and responsibilities of the City un::ier
law and applicable ca.u:t decisions. 'Ihe r.........,.,cndation shall be
advisory only.
SEcrION 25.0: IMPASSE Pl<nC""RfTJRE
The following pr=edures, extracted from the Mmicipal COOe
(Section 2.52.410), shall apply in the event the parties are
unable to resolve an impasse satisfactorily:
TTT'1r"\r'=I~ses
A. Inpasse pr=edures may be invoked only after the
possibility of settlement by direct di """'ssion has been
exhausted. 'Ihe impasse pr=edures are as follows:
1. Mediation (or conciliation) . (Defined in Section
2.52.290) All mediation p~in;¡s shall be
private. 'Ihe mediator shall make no public
r.........,.,.en:!ation nor take arrj public position conc:ern:in;J
the issue.
2. A detennination by the City Council after a hearing on
the merits of this disp.rt:e.
3. Any other disp.rt:e resolving proC'E'jllres to which the
parties nutually agree or which the City Council may
order.
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Any party may initiate the ilI1passe procedure by filirq with
the other party (or parties) affected a written request for an
impë>~~e meeting together with a statement of its position on all
disputed issues. An impë>~..e meeting shall then be scheduled by
the 'municipal employee relations officer forthwith after the date
of filing of the written request for such meeting, with written
notice to all parties affected. '!he p.u:pose of such ilI1passe
meeting is tw'ofold:
a. To peDllit a review of the position of all parties in a
final effort to reach aYL"""'Lent on the disputed
issues, and
b. If àYL....:ment is not concluded, to IIUltually select the
specific Ïl11Jas~e Ploç.oñ1'TE! to which the dispute shall
be submitted, in the absence of ð.yL.........nt bebleen the
parties on this point, the matter shall be referred to
the City Council.
B. '!he fees and expenses, if arrj, of mediators or of arrj
other Ïl11Jas,*, ploœð1¡re, shall be payable one-half by the City
and one-half by the employee organization or employee
organizations. (ord. XII 01. 6, Art. 2 Section 12:624, 1970)
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SECI'ION 26.0: roNl'INUATION OF BENUU::i
All teJ:ms and corxlitions of enployment not othenIise
contained herein shall be maintained at the stan:Iards in effect
at the tilDe of execution.
SECI'ION 27.0: SEPARABILITY
In the event any provision of this agreement is finally held
to be illegal by a ca.Irt of ~tent jurisdiction or void as
being in contravention of any law, rule or regulation of any
government agency having jurisdiction over the subject set forth,
then the remairxier of the a': ...........nt shall continue in full force
and effect unless the parts so foun:1 to be void are held
inseparable from the remaining portion of the a': ..=uent.
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SECI'ION 28.0: RATIFICATION
Nothing contained in this 1I1eIrOrarx:h.nn shall be bin::1ing upon
either the City or the Union following signing of this 1I1eIrOrarx:h.nn
by the parties until it has been ratified by the Union's
membership am presented and awroved by the City Council of the
City.
28.1 Exterx:ied Benefits
It is unierstood and agreed that any IrOre costly
total CCIIIpeI'ISation package agreed to by the City with any other
bargaining unit of errployees during the life of this agreement
will be exterx:ied to the Union. '!he IrOre favorable terms will be
incorporated into this ag1:e..u..nt.
SEcrION 29.0: :mæ
'Ibis ii91""""ent shall have effectivity ccmnencing at 12:01
a.m., July I, 1991 am en::ling at 11:59 p.m., June 30, 1992.
CITY OF aJPERI'INO
OPERATING ENGINEERS IDCAL
UNION 00. 3
j//~~&~£
{¿rJP, ( Jj 'b ~ ,.~
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ATTACHMENT A
WAGE RATE SCHEDULE
Public Works unit
EFFECTIVE JULY 1, 1991
PAY
CLASSIFICATIONS: GRADE STEP A STEP B STEP C STEP E-M
Water utility Worker I
Maintenance Worker I
Hourly 70l $ 13.08 $ 13.73 $ l4.42 $ 15.90
Monthly 2267.20 2379.87 2499.47 2756.00
Maintenance Worker II
Hourly 702 $ 13.73 $ 14.42 $ 15.14 $ l6.70
Monthly 2379.87 2499.47 2624.27 2894.67
Maintenance Worker III
Hourly 703 $ l5.l4 $ 15.90 $ 16.70 $ l8.42
Monthly 2624.27 2756.00 2894.67 3l92.80
Water utility Worker II
Hourly 704 $ 14.71 $ 15.45 $ l6.22 $ 17.88
Monthly 2549.73 2678.00 28l1.47 3099.20
EauiDment Mechanic
Hourly 705 $ 15.87 $ 16.66 $ 17.49 $ 19.28
Monthly 2750.80 2887.73 3031.60 3341.87
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