CC Resolution No. 7233
RESOLUTION NO. 7233
-------
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CUPERTINO AND THE OPERATING ENGINEER'S LOCAL NO.3
WHEREAS, several discussions have been held over
concerning wages, hours and other conditions and
employment between representatives of the City and
Operating Engineer's Local Union No.3, recognized
representative of the Public Works Unit; and
proposals
terms of
of the
majority
Whereas, the agreement mutually obtained
discussions has been recorded in a Memorandum of
signed by both parties, which memorandum has been
the City Council for approval;
through these
Understanding
submitted to
NOW, THEREFORE, BE IT RESOLVED
City of Cupertino does hereby adopt
Understanding between the City of
Engineers Local Union No.3.
that the City Council of the
the attached Memorandum of
Cupertino and the Operating
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this _~UL__day of_d~l~______, 1987 by
the following vote:
~Qiê ~êm~ê~ã_Qf_ibê_Ç~i~_ÇQ~o£~l
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ W. Reed Sparks
-------------------------
Mayor, City of Gupertino
ATTEST:
/s/ Dorothy Cornelius
-------------------------------
City Clerk
Category
DEFINITIONS
UNION RECOGNITION
NON-DISCRIMINATION
REPRESENTATION RIGHTS
EMPLOYEE RIGHTS
CITY RIGHTS
PERMANENT TRANSFERS
NOTIFICATION OF PROPOSED CHANGE
HOURS OF WORK: OVERTIME
COMPENSATION FOR SERVICES
PUBLIC EMPLOYEES RETIREMENT
SYSTEM CONTRIBUTION
HEALTH AND WELFARE BENEFITS
INSURANCE
PAID ABSENCES
SICK LEAVE
OPERATING ENGINEERS
I N D E X
Seetion Subject Page
1.1 City 1
1.2 Union 1
1.3 Employee 1
2.0 Union Recognition 2
3.0 Non-Discrimination 2
4.0 Representation Rights 2
5.0 Employee Rights 3
6.0 City Rights 4
7.0 Permanent Transfers 4
8.0 Notifieation of Proposed Change 5
9.1 Hours of Work Defined 5
9.2 Schedules 5
9.3 Rest Periods 6
9.4 Overtime 6
9.5 Payment of Overtime 6
9.6 Compensatory Time Off 7
10.1
10.2
10.3
10.4
10.5
10.6
Wage Rate Sehedu1es
Pers Rebate
Out-of-Glass Wage Rates
Standby Compensation
Callback Pay
Mileage Reimbursement
Publie Employees Retirement
System Contribution
7
8
8
9
9
9
11.0
10
12.0
Health and Welfare Benefits
10
13.0
Insurance
11
14.1
14.1.1
14.2
14.3
14.4
1A.4.l
Fixed Holidays
Holiday Pay
Floating Holidays
Good Friday Non-Work Period
Vacations
Vacation Accrual Rate
12
12
13
13
13
14
15
14.5
Sick Leave
'.Category
SICK LEAVE ACCUMULATION
GONVERSION
SAFETY EQUIPMENT
TRAINING AND TUITION
REIMBURSEMENT
TEMPORARY DISABILITY BENEFITS
DISCIPLINARY ACITON
SUBSTANCE ABUSE POLICY
LAYOFFS
REINSTATEMENT
PERFORMANCE EVALUATION PROCESS
MAINTENANCE WORKER III POSITIONS
EMPLOYEE RECOGNITION PROGRAM
GRIEVANCE PROCEDURE
IMPASSE PROCEDURE
NO STRIKE
NO LOCKOUTS
CONTINUATION OF BENEFITS
SEPARABILITY
RATIFICATION
TERM
WAGE RATE SCHEDULE
Section
14.6
14.7
14.8
14.9
14.10
15.0
16.0
17.0
18.0
18.1
19.0
20.0
21.0
22.0
23.0
24.0
25.0
26.0
27.0
28.0
29.0
30.0
31.0
32.0
32.1
33.0
Subject
Page
Personal Leave
Bereavement Leave
Military leave
Pregnancy Disability Leave
Absence Notification
17
18
18
18
19
Sick Leave Accumulation
Conversion
20
Safety Equipment
23
Training and Tuition
Reimbursement
24
Temporary Disability Benefits
Use of Sick Leave to Supplement
Temporary Disability Payments
25
25
Disciplinary Action 26
Substanee Abuse Policy 27
Layoffs 28
Reinstatement 29
Performance Evaluation Process 29
Maintenance Worker III Positions 29
Employee Recognition Program 29
Grievanee Proeedure 29
Impasse Procedure 33
No Strike 35
No Loekouts 35
Continuation of Benefits 35
Separability 35
Ratification 36
Extended Benefits 36
Term 36
Wage Rate Schedule
37
Memo~andum of Unde~standing
Between
CITY OF CUPERTINO
and
OPERATING ENGINEERS LOCAL UNION NO.3, AFL-CIO
This ag~eement, ente~ed into the 1st day of July, 1987
between tile official ~ep~esentatives of the City of Cupe~tino,
he~einafte~ ~efe~~ed to as
"Ci tyll,
and
the
official
~ep~esentatives of the Ope~ating Enginee~s Local Union No.
~
...;.,
AFL-CIO,
her-einafter- referred to as "Union",
sets 'fo~th the
ag~eement ~esulting f~om the seve~al discussions held between the
two pa~ties conceFning the wages, hou~s, te~ms and conditions of
employment fo~ the employees of the Public Wo~ks Unit of the
Ci ty,
fo~ which the Union is the ~ecognized sole and exclusive
majo~ity ~ep~esentative.
This ag~eement ~ep~esents the enti~e
and integ~ated ag~eement between the City and the Union and
supe~cedes all p~io~ ~ep~esentations and ag~eements,
whetheF
w~i tten o~ o~al.
§~D~cª1_Ecg~i2igD2
SECTION 1.0: ~~El~lIlº~§
1.1 Çii~ - the City of Cupe~tino, a municipal co~po~ation.
1.2 UDigD - Ope~ating Enginee~s Local Union No. 3 of the
Inte~national Union of Ope~ating Enginee~s, AFL-CIO.
1.3 ~m~lg~~~ - All employees whose positions a~e contained
in the Publi.c Wo~ks Unit ~ecognized pu~suant to Section 2.52.470
of the Cupe~tino Municipal Code.
-1-
S.ECTION 2.0:
U~lº~_B~~º§~lIlº~
Pursuant to Section 2.52.480 of the City Code and
applicable State law, the Union is recognized by the City as
majority representative of the employees within the Public Works
Unit consisting of the following classifications as well as any
new classifications which may be appropriate for this unit as
determined by the Municipal Employees Relations Officer:
Maintenance Worker I
Water Utility Worker I
Maintenance Worker II
Water Utility Worker n
Maintenance Worker III
Equipment Mechanic
2.1 The City shall promptly notify the Union of its
decision to implement any and all new classifications pertaining
to work of a nature performed by employees in the bargaining
unit.
SECTION 3.0:
~º~=ºl§~Bl~l~aIIº~
In accordance with the City of Cupertino Affirmative Action
Plan, all employees shall have equal opportunity in employment
without regard to race, religion, political
origin, sex, sexual orientation or age.
affiliation, national
intimidate,
B~EB~§~~IaIIº~_BI§~I§
The City and Union shall not interfere with,
restrain, coerce or discriminate against employees of
SECTION 4.0:
4.1
the City because of their e>:ercise or representation right under
Section 3502 of the Government Code.
4.2 Business Representatives of the Union may have access
tD any employee or employees presenting a grievance and
-2-
employees have the right to have the Union Business
Representative represent him or her at all stages of disciplinary
action.
4.3
The Union may select one
( 1 )
employee for each
location where employees covered by this Memorandum are normally
assigned as Union Steward.
4.4 In addition to his regularly assigned work, the Union
Steward shall be permitted reasonable time during working hours
to notify the Business Representative through the most rapid
means appropriate and available of any alleged violations of this
Memorandum. Employees are authorized to contact their Union
Steward during working hours to report an alleged grievance or
violation of this Memorandum.
4.5 The City agrees to deduct on a biweekly basis the
monthly Union membership dues from the earned wages of each
employee within the bargaining unit upon receipt of signed
authorization to do so from each employee concerned. Union
agrees to provide a monthly list of active membership desiring
dues deductions to the City. Terminations and other personnel
changes affecting dues payment will be provided to the Union by
the City.
SECTION 5.0:
5;t!EbQX5;!U:Uê!:!Iê
Employees of the City shall have the right to form, join
and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all
matters of employer-employee relations including wages, hours,
and other terms and conditions of employment. Employees of the
City also shall have the right to refuse to join or participate
in the activities of employee organizations and shall have the
-.:..~-
~ight to represent themselves individually in their employment
relations with the City. No employee shall be interfered with,
intimidated, restrained,
coerced or discriminated against because
of his/her exercise of these rights.
SECTION 6.0: ~lIY_Bl§~Iê
The rights of the City include, but are not limited to, the
exclusive right to determine the mission of its constituent
departments, commissions and boards;
set standards of services;
determine the procedures and standards of
selection
for
employment and promotion; direct its employees; take disciplinary
action; relieve its employees from duty because of lack of work
or for other legitimate reasons; maintain the efficiency of
governmental operations; determine the content of job
classifications;
take all
necessary actions to carry out its
mission in emergencies;
and exercise complete control
and
discretion over its organization and the technology of performing
its work.
The City shall
notice to the Union
give forty-five (45) days prior written
of the intent and anticipated impact of
proposed contracts for work now being done or- new work that could
be done by job classifications represented by the Union.
SECTION 7.0 E5B~B~5~I_IBB~êE5Bê
Employees shall be notified in writing of any permanent
transfer from one division to another five (5) days prior to the
effective date."
-4-
SECTION 8.0:
~ºIIEl~aIlº~_ºE_EBºEº§~º_~~a~§~
City agrees to serve written notice upon the Union of any
intent to change or alter any ordinance, rule, resolution or
regulation affecting the recognized employee organization on
matters relating to the scope of representation.
Upon receipt of
the written notification of intended change,
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 determines that an
ordinance,
rule,
resolution
or regulation must be adopted
immediately without prior notice of meeting with the Union, the
City shall provide such notice and opportunity to meet at the
earliest practical time following the adoption of such ordinance,
rule, resolution regulation consistent with this agreement.
SECTION 9.0:
~ºYB§_ºE_~ºB~i_º~~BIl~~
9.1 ~º~c§_ºi_~ºcl_ºêiLnêº
Hours worked shall
include all time not under the
control of the employee whether such hours are worked in the
City's work place, or in some other place where the employee is
carrying out the duties of the City.
The normal work week shall be 40 hours in seven days.
9.2 §£nêº~iê§
It will be a management responsibility to schedule the
hours of work for each employee covered by this agreement.
Except in unforeseen circumstances,
changes in employee's hours
of work will be made after ten days prior notice.
-
-~-
9.3 B~§t_E~~igº§
Each employee shall be granted a rest period of
fifteen minutes during each work period of more 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.
9.4 º~~ctim~
Overtime shall be defined as any work in excess of
section 9.1 above. Holidays and paid time off shall count toward
the accumulation of the work week.
Overtime work for the City by
authorized in advance by the Department Head
In the event of unforseen circumstances,
an employee shall be
or their designee.
overtime shall be
approved after the work is completed.
9.5 Eª~mêQt_ºf_º~ê~ttm§
All approved overtime work performed by employees
shall be paid at the rate of one and one-half (1 1/2) times the
normal rate of pay. Work performed on regularly scheduled days
off, City Holidays or during an employee's scheduled vacation
shall be considered to be overtime and paid accordingly.
-6-
9.6 ~Qill~ªD§ªiQ~~_Iiillª_ºff
At employees disc~etion, compensato~y time off may be
g~anted fo~ ove~time wo~ked at the ~ate of time and one-half fo~
each hou~ wo~ked in lieu of compensation in cash. Employees who
have p~eviously ea~ned compensato~y time, shall be allowed to
schedule compensato~y time off at dates of the employee's
selection p~ovided: 1) that p~io~ supe~viso~y app~oval has been
obtained, and 2) it is taken p~io~ to the second pay pe~iod in
Decembe~ and 3) the ~equest is made in w~iting.
Compensato~y time may be acc~ued, up to 60 hou~s. Any
compensato~y time ~emaining on the books afte~ this time will be
paid off in cash at the ~ate of time and one-half.
SECTION 10.0:
~º~E~~§eIIº~_EºB_§~B~I~~§
10.1 ~ªgª_Bªiª_§£bªº~lª§
The
City
ag~ees
to ~ates of pay fo~
the
classifications cove~ed by this ag~eement in the ~anges and steps
of the Schedule of Pay G~ades as ~eflected in Attachment
this ag~eement to be effective June 24, 1987.
flAil of
-7-
10.2 E5B§_Bê~ªtê
The City agrees to pay the employees covered by this
agreement 9.11ï. of their base salary to reflect the reduced PERS
rate. Payment will be made December 15, 1987 for the base pay
earned from June 24, 1987 to December 8, 1987. A second payment
will be made June 30, 1988 for the base pay earned from
December 9, 1987 to June 21, 1988.
Employees who terminate during the lifetime of this
agreement will be paid the pro-rated PERS rebate at the time of
said termination calculated on the base salary earned during the
payment periDd.
10.3 º~t=ºf=~iªãã_~ªg~_Bªt§ã
Temporary assignment for a continuous four hour period
to a position assigned to a classification in a higher pay grade
shall be compensated 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 number of
hours so assigned.
No increase in the wage rates shall
apply in
instances of Maintenance Worker I positions temporarily assigned
to positions of Maintenance Worker- II classification.
-8-
10.4 ê1ªQQº~_8gmQ§Q§ª1igQ
Employees who are required to be available during
their off-shift hours for possible recall for emergency service
shall be compensated at the rate of $100 per employee per 128
hours so assigned. Minimum manning and skill qualifications for
standby assignment shall be determined by the City. Assignment
of such standby duty shall be rotated on an equal basis among all
qualified employees who reside in an area that provides an
acceptable response time as determined by the City.
10.5 8ªttºª~h_Eª~
If any employee is called or required to report for
assigned emergency or other duties during the period of the close
of the regular work day and the start of the next following work
day, compensation shall be paid at one and one-half (1 1/2) times
the normal rate of the period the employee is required to be
available at the work station, and for travel time in connection
therewith to and from the employee's customary residence at one
and one-half (1 1/2) times.
Under such circumstances a minimum
payment will
be made equivalent to two hours at one and one-half
(1 1/2) times the normal rate of pay.
10.6 ~it§ªg§_B§imº~c§§m§Q1
Employees who are required to use their personal
vehicles for City Business shall be reimbursed for such use at
the rate of 21~ per mile.
-9-
SECTION 11.0: EYêbI~_g~Ebºygg§_BgIIBg~g~I_§Y§Ig~_~º~IBlêYIIº~
The City agrees to pay the employee's contribution rate to
the Public Employees Retirement System not to exceed 7.0% of
applicable salary.
SECTION 12.0: U~ebIU_e~º_~gbEeBg_ê~~~EII§
The 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 Fund for Northern California. Any such benefits program
must have the continued 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 $235.00
per month during the period of July 1, 1987 through June 30,
1988. Required contribution amounts exceeding the premium
contribution of the City are the responsibility of the employee.
Non-Union members may be charged an administrative fee by the
Union for health and welfare benefits. The City shall not be
required to maintain or contribute any other payment towards
dental or medical insurance during the period the Operating
Engineer's Health and Welfare Plan is made available.
-10-
SECTION 13.0: 1~êU8B~~~
The City agrees to pay the premium for a program of income
protection insurance for eligible employees for the same level of
coverage now in effect. Like other non-industrial
disabilities,
employees may use sick leave and vacation leave to supplement
lost wages.
The City shall provide life insurance and accidental
death
and dismemberment coverage for each employee in the. amount of
five times annual salary to a maximum benefit of $250,000. The
City will make available to employees, at the employee's expense,
a supplemental life insurance program.
-11-
SECTION 14.0:
Eel!Leª§¡;;~¡;;;¡;;§
14.1 Ei~§º_~Qliºª~§
The City shall provide the following fixed paid
holidays for- eligible employees covered by this agreement:
1- New Yeay-"s Day 9. Christmas Eve (112
2. Washington's Birthday shift, reg.\l ar
.,. Memorial Day workday only)
-'.
4. Independence Day 10. Christmas Day
~ Labor Day 11. New Years Eve
.....
6. Veteran:os Day ( 1/2 shift,
7. Thanksgiving Day regular workday
8. Day following only)
Thanksgiving 12. Martin Luther King Day
The City Council shall have the right to declare any
other day as a holiday.
When a holiday falls on a Sunday, the following Monday
shall be observed as the non-work day.
Nothing contained herein shall
preclude the right of the
Department Head with the approval of the Appointing Authority to
reschedule work assignments or hours of work to meet emergency
situations and other administrative necessities caused by the
observance of a holiday- or non-work day or period; provided,
however,
that all such affected employees are duly compensated
for said rescheduled work assignments.
14.1.1 ~Qliºª~_Eª~
In order for an employee to receive his/her regular
pay for a holiday or designated non-work day,
work must be
performed on the regular scheduled day before and the regular
scheduled day after the holiday or designated non-work day.
Employees on vacation, injury leave, approved short term leave of
absence, with or without pay, or who submit satisfactory evidence
of personal
illness shall be considereel as working their regular
schedule for pay purposes.
-12-
14.2 E1QªilQg_~QllQª~§
In addition to the foregoing paid holidays,
eligible employees shall
be allowed to schedule two work days as
additional holidays.
These two floating holidays shall be taken
at dates of the employee's selection provided:
1 )
that prior
supervisory approval be obtained, and 2) be taken before the end
of the 2nd pay period in December of each calendar year.
For new employees,
floating holidays will be
pro-rated in the following manner:
1. Employees hired after January 1 but before March
31 shall be entitled to two floating holidays in
that calendar year.
2.
Employees hired after April
1
but before
September 30 will be entitled to one floating
holiday that calendar year.
~
"';'.
Employees hired after October 1 but
before
December 31 will
not be entitled to floating
holidays in that calendar year.
14.3 §QQQ_EC1Qª~_~QQ=~Qct_EêC1QQ
The last two hours of the work day on Good Friday
shall be observed as a non-work period.
City has a right to vary
the work schedule to allow employees to leave work early.
14.4 ~ª!;;ªiiQQ§
All employees, other than those holding temporary
status, whose work assignment is of a recurring nature of not
less than a normal work week shall accrue vacation credits during
the calendar year.
After siN months of continLtous employment,
accrued vacation may be taken.
An employee may accrue no more
vacation credit than twice the annual rate being earned.
-13-
Upon te~mination of employment, unused vacation
may not be used to extend final employment date beyond the annual
~ate of vacation being ea~ned.
Rep~esented employees may conve~t,
on a once per
calenda~ yea~ basis, unused vacation time fo~ payment subject to
the following conditions:
1. The employee must have ea~ned vacation of a
minimum of 15 days.
2. Any payments made fo~ unused vacation will be
subject to all app~op~iate taxes and deductions
as dete~mined by the Finance Depa~tment.
3. Minimum exchange will be 1 day, maximum exchange
will be 5 days.
All changes a~e i~~evocable.
14.4.1 ~ª£ªtiºQ_a££~~ªl_Bªtê
Du~ing the fi~st th~ee yea~s of employment, an
employee shall ea~n vacation c~edit on the basis of 5/6 wo~kday
o~ the hou~ly equivalent fo~ each complete month of continuing
service.
Du~ing the fou~th calenda~ yea~ of employment, an
employee shall ea~n vacation c~edit on the basis of one and
one-fou~th
(1
1/4)
wo~k days o~ the hou~ly equivalent fo~ each
complete month of continuing se~vice.
Du~ing the fifteenth calenda~ yea~ of employment
and the~eafte~,
an employee shall ea~n vacation c~edits at the
~ate of one and two-thi~ds
(1 2/3)
wo~k day o~ the hou~ly
equivalent fo~ each month of completed continuous se~ivce.
On
the
~ecommendation
of the employee's
Depa~tment Head and with the w~itten app~oval of the Appointing
Autho~ity, an employee may ca~~y ove~ to the next yea~ any
--14-
portion of vacation credit but shall be limited to not more than
that which was ~arned during the previous year.
14.4.2 Full vacation leave shall be taken at one time by
anyone employee whenever possible. The time during the calendar
year at which an employee shall take his/her 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 amount earned may be taken with the
approval of the Department Head.
14.4.3 On termination of employment or on receiving a
leave of absence of more than three (3) months, an employee who
has completed twelve (12) months of continuous service with the
City shall be entitled to receive compensation for all earned but
unused vacation accrued at the time of termination or at the
start of said leave of absence.
14.4.4
The accrual
of vacation credits
for
those
employees whose normal work week is of not less than one-half
(1/2) time shall be prorated according to the time of the
recurring work assignment as to the normal work week.
14.5 §t£l_b§ª~§
All full time employees, other than those holding
temporary status, shall earn eight (8) hours per month sick leave
time without limit on accumulation. Those permanent employees
working less than full time
(at least 20 hours per week) shall
earn in one month the number of hours of sick leave they would
normally work in one day or the eqLlivalent without limit on
accumulation. Employees absent without pay for any reason for
more than forty (40) hours during a calendar month shall not earn
sick leave benefits for that month.
-15-
supervisor,
With p~ope~ notice and
sick leave shall be taken in pe~iods
app~oval of the
of no less than
one-half (1/2) hou~ inc~ements.
To discou~age abusive absenteeism,
an employee
who accumulates six
incidents ~esulting in sick leave usage
within any twelve ( 12) month pe~iod shall be placed on sick leave
~est~iction. An incident is defined as absence fo~ any reason of
more than two hou~s. Up to fou~ p~escheduled and ve~ifiable
medical/dental appointments with a du~ation of less than two
hou~s in a twelve (12) month pe~iod will be e>,clLtded as
incidents.
Ve~ifiable means w~itten documentation within 5
wo~kings days of ~etu~ning to wo~k. Anyone illness o~ inju~y
that ~equi ~es mo~e than 1 p~eschedul ed vi si t g~eate~ than 2 hOL\~s
will be included as one incident if the City ~eceives w~itten
medical notice as to why the scheduling cannot be less than two
hou~s and cannot be scheduled a~ound no~mal wo~king hou~s.
-16-
The department will formally notify the affected
employee after the sixth incident, but prior to any subsequent
illness, that additional period of absenteeism must be
substantiated in writing upon return to work for the next six (6)
months. Unacceptable substantiation of absenteeism will result
in sick leave not being granted and possible disciplinary action
being taken. In those cases where an employee has substantiated
the absenteeism, the City may require, at City expense, a medical
examination to determine whether or not the employee is fit for
duty. If the examination finds the employee unable to function
in the assigned classification, the City may take action to
retire or terminate the employee. If the employee is found fit
for duty and abusing the use of sick leave, appropriate
disciplinary action will be taken.
14.6
E:,ªr:.§Q!J.ªLb,ªª~ê
The City shall
allow twenty-four (24) hours per
year of accumulated sick leave to be used for conducting personal
business which cannot be conducted outside regular working hours
or for family medical emergencies.
The employee must request leave,
if non-
emergency, at I east forty-eight (48) hours (two working days)
prior to the time of Lttilization, state the F"eason for the
request on the form presently provided. In cases of emergency,
the forty-eight (48) hour$ notification procedure may be waived
by the immediate supervisor, provided the form is completed and
the reason for the request is stated upon return.
-17-
14.7 ªêCêªYêffiêni_bêªYê
Employees shall be g~anted paid be~eavement leave
not to exceed th~ee (3) wo~k days upon the occasion of death of a
close ~elative.
Close ~elatives a~e defined as mothe~, fathe~,
sister-,
b~othe~,
wi fe,
husband,
child,
g~andpa~ent,
g~andchild~en, mothe~-in-law and fathe~-in-law.
14.8 ~iliiªCY_bêªYê
Milita~y leave shall be
with the p~ovision of state law.
All employees entitled
give thei~ supe~viso~ an oppo~tunity,
g~anted in acco~dance
to milita~y leave shall
within the limits of
milita~y ~equi~ements,
taken.
to dete~mine when such leave shall be
14.9 ECê9QªQ£y_ºi§ªgiliiy_bêªYê
A p~egnant employee is
months leave of absence without pay
~esulting
the~ef~om.
f~om p~egnancy,
miscar-r-iage,
entitled to up to fou~
fo~ tempo~a~y disability
childbi~th o~ ~ecove~y
Employees shall take unpaid
leave of absence du~ing
such leave except that acc~ued vacation pay and sick leave may be
taken at the option of the employee.
As with all othe~
tempo~a~y disabilities, a
to ve~ify the extent and
physician's ce~tificate is ~equi~ed
du~ation of the tempo~a~y disability.
-18-
An employee 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. The City will pay health and welfare benefits at the
same rate as prior to the leave until the employee is released by
her physician to return to work or for sixty (60) days, whichever
comes first.
14. 10 a!aã§D.£tL~QUfi£å!;'iQD.
An employee is
expected
not to absent
herself/himself from work for any reason other than personal
illness without making prior arrangement
supervisor. Unless prior arrangements are made,
for any reason, fails to report for work must
with
his/her
an employee who,
make a sincere
effort to
personnel of
immediately notify
his/her reason for
his/her supervisor or office
being absent.
If the absence,
whether for personal illness or otherwise,
is to continue beyond
the first day, the employee must notify the supervisor or office
personnel on a daily basis unless otherwise arranged with his/her
super-visor.
In proper cases, exceptions will be made.
-19-
Any unauthorized absence of an employee from duty
shall be deemed to be an absence without pay and will be grounds
for disciplinary action by the Department Head. In the absence of
such disciplinary action, any employee who absents
herself/himself for three (3) days or more 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 without pay when extenuating circumstances are
found to have existed.
SECTION 15.0:
§Iç~_b5e~5_eççWtlWbeIIº~_çº~~5B§Iº~
The City agrees to pay employees covered by this agreement
for unused balances of sick leave upon retirement or termination
for other than just cause according to the following schedules:
15.1 Upon retirement, which shall require the formal
filing of the appropriate forms with the Public Employees
Retirement System, a cash payment equivalent to seventy-five
percent (75%) of the dollar value of the unused sick leave
balance exceeding 320 hours will be made.
Dolla,- value for such
payment shall be calculated at a wage rate which is the average
of the preceding five (5) years for the employee.
15.2 Upon termination for other than discharge with just
cause, a cash payment equivalent to fifty percent (50%) of the
dollar value of the unused sick leave balance exc!?eding 320 hours
will be made. The dollar value for such payment shall be
calculated at a wage rate which is the average of the preceding
five (51 years for the employee.
-20-
15.3 Represented employees will
have the option, subject
tq approval, of converting sick leave to vacation leave on a
two-to-one basis.
The maximum allowable exchange will be 96
hours of sick time for 48 hours of vacation leave per calendar
yea..-.
Minimum exchange will be 8 hou..-s sick leave for 4 hou..-s of
vacation. An employee may convert sick leave in excess of 320
hou..-s to vacation leave on a one-to-one basis to a maximum of 48
hours and a minimum of 4 hours.
As a condition of converting sick leave to vacation,
all employees will be required to use at least one-half (1/2) of
vacation accrued during the p..-evious twelve (12) months.
Such conve~sion,
either to exchange sick leave fo..-
vacation
or vice versa shall
be subject to the following
conditions:
1. All requests to exchange sick leave fo..- vacation
time shall be submitted in writing to the
Department Head at least 60 calendar days in
advance of intended vacation utilization.
2. The granting of such exchange and subsequent use
will be at the disc..-etion of the Department Head.
3. If twelve (12) months have elapsed since app..-oval
of the exchange of sick leave for vacation, and
the employee has not been permittêd the use of
the converted vacation time, (after submitting at
least one written ..-equest for utilization) the
employee will have the right to re-convert the
vacation time to sick leave in reverse ratio to
the original
eHchange..
This exchange will be
allowed QQ!.X: for" previously conve..-ted sick time
to vacation
and wi II
not be permitted for
regularly accrued vacation time.
-21-
4. If an employee afte~ conve~ting sick leave to
vacation time,
exhausts all of his/he~ ~emaining
sick leave due to inju~y o~ illness, he/she may
make a w~itten ~eqL'est to the Depa~tment Head to
re-convert vacation time to sick leave on a
reverse ratio basis.
App~oval will be subject to
an assessment by the Depa~tment Head as to the
validity of the illness/inju~y and whethe~ o~ not
a w~itten physician's statement attesting to the
illness/inju~y is ~equi~ed will be at the sole
option of the Depa~tment Head.
5. If the employee's vacation acc~ual exceeds the
maximum allowable acc~ual,
he/she will
have the
option to ~e-conve~t vacation time back to sick
leave on a reverse
~atio
basis.
Such
re-conversion
shall
be limited to p~eviously
conve~ted sick leave/vacation and may not exceed
the amount necessa~y to ~educe the acc~ued
vacation to the maximum allowable.
Regula~ly
acc~ued vacation time will not be eligible fo~
this ~e-conve~sion 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 employee.
NOTE:
As used in this document,
IIreverse rationll is
intended to mean that the ~atio of sick leave to
vacation will ~eve~t to the o~iginal ~atio at the
time the initial exchange was implemented.
_'?'?-
..:....:..
SECTION 16.0:
§BE~IY_~ºYIE~~~I
The City will pay $200.00 per fiscal year to employees for
the purchase of safety equipment as outlined below:
a. rain gear
b. hard hats
c. vests
d. safety shoes
e. goggles/safety glasses
f . gloves
g. ear plugs
The City shall retain the right to establish minimum safety
and quality standards for the clothing and safety equipment to be
used while performing assigned tasks.
For new employees
the
$200.00 safety and equipment
allowance will be prorated until July 1 of the next fiscal year.
Any employee, who for whatever reason,
terminates 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.
The City will provide and launder shirts or overalls to be
worn while carrying out the duties of the City.
It will be the responsibility of the empioyee to have the
required clothing and/or safety equipment needed for the tasks
assigned.
If an employee should be at work without the required
clothing or safety equipment,
that employee will not be paid
until
he/she is at the work site with the required clothing
and/or safety equipment.
-~~-
~~
SECTION 17.0: IBel~I~§_e~º_IYIIIº~_B51~ªYB§5~5~I
It is the intent of the City to re~ognize the value of
training to its employees; and to adopt a training poli~y whi~h
will en~ourage employees to avail themselves of job related
edu~ational opportunities that will advan~e their knowledge and
interests in the dire~tion of their ~areer with the City: and by
doing so to improve the Muni~ipal Servi~e. Employees who wish to
seek reimbursement from the City for training program ~osts shall
provide a written request for reimbursement to their immediate
supervisor. The form provided shall in~lude the type of program,
sponso,-ing organization or institution, meeting times and ~osts
for su~h program.
A copy of the re~ommendation shall also be provided to the
employee. The employee will initial supervisor's comments and
the superintendent's recommendation prior to going to the
Department Head for approval or denial.
Once a training program has been approved,
any employee
covered by this Agreement
unless funds budgeted
would be eligible for reimbursement
for this activity have been exhausted.
However,
no employee shall receive any reimbursement until
they
have provided satisfactory proof of su~cessful ~ompletion of the
program.
-24-
17.1 êªfê~Y_I~ªiDiDg_~Qmmi~~êê
The City and the Union agree to form a committee to
jointly develop a safety training program to include, but not
limited to: CPR, first aid, safe work habits, and emergency
response roles. The City and the Union shall each have two (2)
members on the committee and shall report back to the negotiating
committee by October I, 1987.
SECTION 18.0: I~~EºBBB~_ºlêaªlbII~_ª~~~EIIê
Any employee sustaining an injury ar-ising out of, or in the
course of, the performance of his job and who cannot work at the
duties and responsibilities normally assigned to that job is
entitled to receive temporary disability payments as pr"escribed
by state law.
18.1 ~§ê_Qf_êi~t_bêª~ê_~Q_ê~eelêmêD~_IêmeQ~ª~Y__ºi§ª~ilihY
EªYmêD~§
Any employee
entitled to receive temporary disability
payments may elect to supplement such payments with an amount not
to exceed that which is the employee's weekly earnings or weekly
earning capacity by use of sick leave payments to the extent that
such sick leave has been accrued to the employee's account.
-25-
SECTION 19.0:
º1§~IEbl~eBY_e~IIº~
The City has a policy of p~og~essive discipline. When the
need fo~ discipline a~ises, the minimum disciplina~y action will
be taken commensu~ate with the se~iousness of the offense which
has ~esulted in such discipline.
The seve~ity of the discipline
will inc~ease if co~~ective action is not taken.
The fi~st and/o~ most modest step of p~og~essive discipline
in the case of mino~ b~eaches of the ~ules, ~egulations o~ policy
is a ve~bal
wa~ning by the supe~viso~ in cha~ge.
If the b~each
continues, o~ the offense is mo~e than mino~, in the judgment of
the sLlpe~vi so~,
the employee shall be notified th~ough the
issuance of an infraction notice.
Such inf~action notices shall
~emain in the supe~viso~s' file and be dest~oyed afte~ twelve
months.
Should the offense,
in the judgment of the supe~viso~, be
so serious Dr be of a continuous nature,
the supe~viso~ shall
recommend more serious reprimand measures or disciplinary action
to the Supe~intendent.
These measu~es would include, but not be
limited to, w~itten ~ep~imands, suspensions and te~mination.
When the disciplina~y action ~ecommended by the supe~viso~,
and with the concu~~ence of the Supe~intenden.t, would impact
"p~ope~ty ~ights" of the employee as defined by the cou~ts of
Califo~nia, it shall be ~efe~~ed to the Di~ecto~ of Public Wo~ks.
-26-
A written notice from the Director of Public Works to the
employee at least five days prior to any action, shall state the
proposed disciplinary action.
The notice shall also contain:
1. effective date and time of the proposed action
2. the alleged reason for the proposed action
3. the acts or ommission which support the
allegation
4. the materials upon which the allegation(s)
are based and access to any, other related
items
5. a "Skelly" predisciplinary statement as to
the right of the employee to respond either
orally or in writing to the Director of
Public Works prior to the effective date of
the proposed action; and the employee's right
of appeal
6. a statement that the action will become final if
the employee fails to respond to the notice within
the specified time
It is understood that an employee's request for a Skelly
hearing will postpone the effective date of action until the
Skelly has been heard and the City has responded to issues raised
in the Skelly hearing.
In this case the effective date will be
five (5) days from the Director's response.
SECTION 20.0 §~ê§Ie~ç~_eê~§~_EºbIÇY
It is the City of Cupertino's policy that employees shall
not report to work under the influence of alcohol or drugs;
have
in their possession such substances,
sell or provide drugs or
alcohol to any other employee or person while such employee is on
duty or subject to being called, or have their ability to work
-27-
impaired as a result of the use of alcohol or drugs.
The City of Cupertino is committed to providing reasonable
accomodation to those employees with drug or alcohol problems if
that employee's current use of alcohol or drugs does not prevent
the individual from performing the duties of the job in question,
cause a direct threat to
and/or whose employment would not
property or safety.
This policy applies to all
employees of and to all
applicants for positions with the City. This policy applies to
alcohol and to all substances, drugs, or medications, legal or
illegal, which could impair an employee's ability to effectively
and safely perform the functions of the job.
SECTION 21.0 bBXQEE§
Layoffs of employees may be made by the Appointing
Authority for lack of funds, lack of work or for other similar
and just cause. The 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 employees whose salaries or
wages are funded in part or whole by Federal employment grants
shall þe laid off first before employees holding certified status
and who occupy positions funded from sources other than Federal
employment grants.
The names of employees 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 respond within ten days to a written notice of such
opportunity shall cause that name to be removed from the recall
list.
-28-
SECTION 22.0: 8g1~ªIBIg~g~I
With the approval of the Appointing Authority, a permanent
or probationary employee who has resigned with a good record may
be reinstated within twenty-four months of the effective date of
resignation to a vacant position in the same or comparable
classification they previously occupied. Upon reinstatement, the
employee, for all purposes, shall be considered as though they
had received an original appointment.
SECTION 23.0: Eg8EºB~B~~g_g~BbYBIlº~_E8º~gªª
Copies of the standardized performance evaluation procedure
will be readily available to Public Works employees in the
service center office..
SECTION 24.0: ~Bl~Ig~B~Çg_~º8~g8_111_EºªlIlº~ª
The City agrees that an acting Maintenance Worker III will
be assigned to lead a crew whenever asphalt work is done.
SECTION 25.0: g~Ebºygg_Bg~ºê~lIlº~_EBºêBB~
The City, the Union, and representatives
of the
Miscellaneous Unit agree to continue to meet jointly to evaluate
and recommend an employee recognition program to the City
Manager.
SECTION 26.0: êBlg~B~Çg_EBºÇgºYBg
º§fioitiºo_ªOQ_E~º£§Q~~§ A grievance is a dispute or
difference of opinion raised by an employee covered by this
Agreement against the City involving the meaning, interpretation
-29-
or application of the express provisions of this Agreement (or
existing work rules).
A grievance shall
be processed in the
following manner:
§:!;§IL_.!:
Any employee who has a grievance shall submit it
designated as a grievance to the employee's immediate supervisor,
who is designated for this purpose by the City.
The sLtpervi sor
shall give the employee an oral answer within five
(5)
calendar
days after such presentation.
§:!;§rL£: If the grievance is not settled in Step 1 and the
employee wishes to advance the grievance to Step ..., of the
k
grieva.nce procedure, it shall be referred in writing to the
employee's next highest supervisor within five (5) calendar days
after the supervisor's oral
answer, or answer due in Step 1, and
sh a II be signed by both the aggrieved employee and the Un i on
Steward or Union Business Agent. The written grievance shall
contain a complete statement of the facts, the provision or
provisions of this Agreement or work rules which the City is
alleged to have violated
and the relief requested.
The
supervisor or other person designated for this purpose shall
discuss the grievance within five
(5)
calendar days with the
employee and the Union Steward at a time mutually agreeable to
the parties.
If no settlement is reached,
the supervisor or
other person designated for this purpose shall provide the
employee a written answer within five (5) calendar days following
their meeting.
§:!;§IL_~:
If the grievance is not settled in Step 2 and the
employee wishes to appeal the grievance to Step 3 of the
grievance procedure, it shall be referred in writing to the
-30-
employee's Department Head within five (5) calendar days after
the supervisor's answer in Step 2 and shall be signed by both the
agrieved employee and the Union Steward or Union Business Agent.
The Department Head shall discuss the grievance within five (5)
calendar 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) calendar days following their meeting.
§t§e_1: 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)
calendar days after the decision is provided at the third step.
(1) The parties shall attempt to agree upon an advisory
arbitrator within seven (7) calendar days after receipt of the
notice of referral. In the event that parties are unable to
agree upon an advisory arbitrator within said seven (7) day
period, the parties shall immediately jointly request the State
Mediation and Conciliation Service to submit a panel of five (5)
advisory arbitrators. Each party retains the right to reject one
panel in its entirety and request that a new panel be submitted.
Both the Union and the City shall have the right to strike two
(2)
names from the panel.
The person remaining shall be the
advisory arbitrator.
(2) The advisory arbitrator shall be notified of his/her
selection and shall be requested to set a time and place for the
hearing, subject to the availability of Union and City
representatives.
-31-
(3) The City o~ the Union
the a~bit~ato~ to ~equi~e the
shall have the ~ight to ~equest
p~esence of witnesses o~
documents.
The City and the Union ~etain the ~ight to employ
legal counsel.
(4)
The adviso~y a~bit~ato~
shall
sLlbmi t hi s/he~
~ecommendation in w~iting within thi~ty (30) days following the
close of the hea~ing o~ the submission of b~iefs by the pa~ties,
whicheve~ is late~.
(5) Mo~e than one g~ievance may be submitted to the same
adviso~y arbit~ato~ if both pa~ties mutually ag~ee in w~iting.
(6) The fees and expenses of the adviso~y a~bit~ato~ and
the cost of a w~itten t~ansc~ipt shall be divided equally between
the City and the Union; p~ovided, howeve~, that each pa~ty shall
be ~esponsible fo~ compensating its own ~ep~esentatives and
witnesses.
bt~iiªitºo§__ºO__B~iQºcti~__ºf__BQ~t§ºc~__Bc~ticªiºc~ The
adviso~y a~bit~ato~ shall have no ~ight to amend, modify,
nullify, igno~e, add to, o~ subt~act f~om the p~ovisions of this
Ag~eement. The adviso~y a~bit~ato~ shall conside~ and decide
only the question of fact as to whethe~ the~e has been a
violation, misinte~p~etation, o~ misapplication of the specific
p~ovisions of this Ag~eement. The adviso~y a~bit~ato~ shall be
empowe~ed to dete~mine the issue ~aised by the g~ievance as
submitted in w~iting at the Second Step. The adviso~y a~bit~ato~
shall have no autho~ity to make a ~eommendation on any issue not
so submitted or ~aised. The adviso~y a~bit~ato~ shall be without
powe~ to make recommendations cont~a~y to o~ inconsistent with,
in any way, applicable laws o~ ~ules and ~egulations of
administ~ative bodies that have the fo~ce and effect of law. The
adviso~y a~bit~ator shall not in any way limit or inte~fe~e with
-32-
the powers, duties and responsibilities of the City under law and
applicable court decisions. The recommendation shall be advisory
only.
SECTION 27.0: l~EB§§~_EBºÇ~ºYB~
The following procedures,
Code, shall apply in the event
an impasse satisfactorily:
2.52.410 Im~ª2§ª§
extracted from the Municipal
the parties are unable to resolve
A.
possibility
eHhaLlsted.
Impasse procedures may be invoked only
of settlement by direct discussion
The impasse procedures are as follows:
after
the
has
been
1.
Mediation (or conciliation). Wef i ned in Section
2.52.290) All mediation proceedings shall be
private. The mediator shall make no public
recommendati on nor take any pLlbl i c posi ti on concerni ng
the issue.
2. A determination by the City Council after a hearing on
the merits of this dispute.
3. Any other dispute resolving procedures to which the
parties mutually agree or which the City Council may
order.
Any party may initiate the impasse procedur.e by filing with
the other party (or parties) affected a written request for an
impasse meeting together with a statement of its position on all
disputed issues. An impasse 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.
meeting is twofold:
The purpose of such impasse
-33-
a.
To permit a review of the position
final effort to reach agreement
issues, and
b. If agreement is not concluded, to mutually select the
specific impasse procedure to which the dispute shall
be submitted; in the absence of agreement between the
parties on this point, the matter shall be referred to
the City Council.
of all parties in a
on the disputed
B. The fees and expenses, if any, of mediators or of any
other impasse procedure, shall be payable one-half by the City
and one-half by the employee organization or employee
organizations. (Ord. XII Ch. 6, Art. 2 Section 12:624, 1970)
-34-
SECTION 28.0: ~º_§IBI~~
During the life of this agreement neither the Union nor any
officers, agents or employees shall instigate, promote, sponsor,
engage in or condone any strike (including sympathy strike), slow
down, concerted stoppage of work or any other intentional
disruption of the operations of the City.
SECTION 29.0: ~º_bºh~ºUI§
During the life of this agreement, the City will not
instigate a lockout over a dispute with the Union so long as
there is no breach of Section 28 of this agreement.
SECTION 30.0: hº~II~UeIIº~_ºE_ª~~~EII§
All terms and conditions of employment not otherwise
contained herein shall be maintained at the standards in effect
at the time of execution.
SECTION 31.0: §~EeBaªlbIIï
In the event any provision of this agreement is finally held
to be illegal by a court of competent 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 remainder of the agreement shall continue in full force
and effect unless the parts so found to be void are held
inseparable from the remaining portion of the agrgement.
-35-
~
.
SECTION 32.0: BaIIEIgaIIº~
Nothing contained in this memorandum shall be binding upon
either the City or the Union following signing of this memorandum
by the parties until it has been ratified by the Union's
membership and presented and approved by the City Council of the
City.
32.1 g~t~Qº~º_ª~Q~iit2
It is understood and agreed that any more favorable
total compensation package agreed to by the City with any other
group of employees during the life of this agreement will be
extended to the Union.
The more favorable terms will be
incorporated into this agreement.
SECTION 33.0: IgB~
This agreement shall have effectivity commencing at 12:01
a.m., July 1, 1987 and ending at 11:59 p.m., June 30, 1988.
CITY OF CUPERTINO
OPERATING ENGINEERS LOCAL
UNION NO. 3
---~ß~-_-::-
~~a:¡~#~
- ~~~~
-36-
ATTACHMENT A
WAGE RATE SCHEDULE
Public Works Unit
EFFECTIVE JUNE 24, 1987
¡;;be§§IEl¡;;eIlº~§:
PAY
§B@g
§IgE_e
§IgE_ª
§IgE_¡;;
§IgE_g=t1e~...
Water Utility Worker I
t1ªiQt§QªQǧ_~Q~t§~_1
Hourly
Monthly
701
$ 10.762 $ 11.300
1865.41 1958.67
$ 11.865
2056.60
$ 13.081
2267.37
t1ªiQt§QªQǧ_~Q~t§~_11
Hourly
Monthly
702
$ 11.300 $ 11.865
1958.67 2056.60
$ 12.458
2159.39
$ 13.735
2380.73
t1ªiQt§QªQǧ_~Q~t§c_111
Hourly
Monthly
704
$ 12.458 $ 13.081
2159.39 2267.37
$ 13.735
2380.73
$ 15.143
2624.79
~ªt§~_Ytilit~_~Q~t§~_11
Hourly 703 $ 12.107 $ 12.712 $ 13.348 $ 14.716
Monthly 2098.55 2203.41 2313.65 2550.77
g9~i~ill§Qt_t1§çnªQiç
Hourly 706 $ 13.348 $ 14.015 $ 14.716 $ 16.225
Monthly 2313.65 2429.27 2550.77 2812.33
-37-