CC Resolution No. 10-126 Amend Memorandum of Understanding Between the City of Cupertino and Operating Engineers Local No. 3 Union, AFL-CIO RESOLUTION NO. 10 -126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CUPERTINO AND OPERATING
ENGINEERS LOCAL NO. 3 UNION, AFL -CIO
WHEREAS, meetings have been held over proposals concerning wages, hours,
and other terms and conditions of employment between representatives of the City and of
Operating Engineers Local Union No. 3, the recognized representative of the Public
Works Employees Unit; and
WHEREAS, the agreement mutually obtained through these meetings has been
recorded in a Memorandum of Understanding to be signed by both parties, which
memorandum has been submitted to the City Council for approval.
NOW, THEREFORE, 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 Operating Engineers Local Union No. 3.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of July, 2010 by the following vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES: Wang, Chang, Mahoney, Santoro
NOES: None
ABSENT: Wong
ABSTAIN: None
ATTEST: APPROVED:
City Clerk -or, City of Cupertino
MEMORANDUM OF UNDERSTANDING
Between
CITY OF CUPERTINO
And
OPERATING ENGINEERS LOCAL UNION NO. 3, AFL -CIO
Recital:
Management and the Membership represented by Operating Engineers Local Union 3
(0E3) wish to formalize a relationship which will survive differences in interests, endure
changes in leadership, and extend beyond legal and contractual requirements based on the
following principals:
In our relationship, we understand and accept that a high degree of trust is essential.
Therefore, we will focus on developing and maintaining trust.
We will promote and expand communications between the parties and recognize active
listening as a major component of communications. We will avoid sending ambiguous or mixed
messages. We will always consult before deciding on matters which may have a major impact
on the other party.
Agreement
This is a two (2) year agreement, entered into the 1st day of July, 2010 between the City
of Cupertino, hereinafter referred to as "City ", and the Operating Engineers Local Union No. 3,
AFL -CIO, hereinafter referred to as "Union ", sets forth the agreement resulting from the several
discussions held between the two parties concerning the wages, hours, and other terms and
conditions of employment for the employees of the Public Works Unit of the City, for which the
Union is the recognized sole and exclusive representative. This agreement represents the full
entire and integrated agreement between the City and the Union and supersedes all prior
representations and agreements, whether written or oral.
General Provisions
SECTION 1: DEFINITIONS
1.1 City — the City of Cupertino, a municipal corporation
1.2 Union — the Operating Engineers Local Union No. 3
1.3 Employee — All employees whose positions are contained in the Public Works Unit
recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code.
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SECTION 2: UNION RECOGNITION
Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is
recognized by the City as the exclusive 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 Employee Relations Officer:
• Equipment Mechanic
• Maintenance Worker I
• Maintenance Worker II
• Maintenance Worker III
• Street Lighting Worker
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: NO- DISCRIMINATION
In accordance with the City of Cupertino Equal Opportunity in Employment Plan, all
employees shall have equal opportunity in employment without regard to race, color, creed,
religion, political affiliation, national origin, sex, disability, sexual orientation, age or for Union
activity.
SECTION 4: REPRESENTATION RIGHTS
4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate
against employees of the City because of their exercise of representation right under
Section 3502 of the Government Code.
4.2 Business Representatives of the Union may have access to any employee or employees
presenting a grievance and employees have the right to have the Union Business
Representative represent him or she at all stages of disciplinary action.
4.3 The Union may select two (2) employees from the Service Center as Union Steward.
4.4 In addition to his/her 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.
One Union steward shall be relieved from assigned work duties by their immediate
supervisor to attend meetings arranged with Management and to investigate and process
grievances initiated by other employees. It is understood and agreed that handling of any
grievance will not unreasonably interfere with the duties of the Union Steward as a
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worker. Accordingly, a Union Steward who is released by a supervisor to investigate a
grievance or to meet with Management shall return promptly to his /her regularly assigned
duties.
4.5 The City agrees to deduct on a bi- weekly basis the monthly Union membership dues or
appropriate agency fee from the earned wages of each employee within the bargaining
unit upon receipt of signed authorization to do so from each employee concerned.
Terminations and other personnel changes affecting dues payment will be provided to the
Union by the City.
4.6 The City and the Union desire to work towards a good working environment which
includes productivity and respect for each individual regardless of classification or
representation.
SECTION 5: AGENCY SHOP
Except as provided otherwise herein, the provisions of this Section shall apply to all
employees of the City in all classifications represented by the Union when on paid status, except
those mutually designated classifications and mutually designated employees who are employed
for no more than 1000 hours per fiscal year. The provisions of this Section shall not apply to
individual employees who have been properly and finally determined to be management or
confidential employees.
For the term of this Agreement, all current and future employees of the City as described
above, except as set forth below, shall, as a condition of continued employment, become and
remain a member of the Union or, in lieu thereof, shall pay a service fee to the Union. The
service fee payment shall be established annually by the Union.
5.1 Employee Rights
5.1.1 The City and the Union recognize the right of employees to form, join, and
participate in lawful activil:ies of employee organizations and the equal,
alternative right of employees to refuse to form, join, and participate in
employee organizations. Neither party shall discriminate against an employee
in the exercise of these alternative rights.
5.1.2 Accordingly, membership in the Union shall not be compulsory. An
employee has the right to choose, either; to become a member of the Union;
or, to pay to the Union a fee for representation services; or, to refrain from
either of the above courses of action upon the grounds set forth in Section 5.6
below.
5.2 Employee Selection
5.2.1 Any regular employee, must, within thirty (30) days of their employment with
the City, submit to the City either a signed authorization to deduct dues as a
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member of the Union; or, sign and deliver to the City a written assignment
authorizing deduction of the properly established agency fee as defined in
Section 5.3.1 below, subject to the conditions set forth in Section 4.5 of this
MOU. Upon receipt of the duly completed authorization, the City will deduct
from the pay of the employee and pay to the Union the normal and regular
monthly fee. If the employee is granted an exception from these fees based on
a religious exception as explained in Section 5.6 below, the employee must
designate a charity from Section 5.6.2 to which the appropriate amount will be
paid through payroll deduction.
5.2.2 If a person fails to make any of the designations set forth above within the
thirty (30) day period, they will be given notice by the City that the Agency
Fee deduction will be made beginning with the first full pay period following
the expiration of the thirty (30) day period. The City and the Union agree that
the Agency Fee shall be paid in exchange for representation services
necessarily performed by the Union in it's capacity as exclusive bargaining
agent and in conformance with it's duty of fair representation of said
employee who is not a member of the Union.
5.2.3 Any regular employee who makes a designation to pay the Agency Fee within
the above thirty (30) day period may at anytime thereafter join the Union and
provide to the City a signed authorization to deduct dues as a member of the
Union in lieu of the Agency Fee.
5.2.4 During the last thirty (30) days of this Memorandum of Understanding
between the City of Cupertino and Operating Engineers Local Union No. 3,
any employee who is a member of the Union, may, by written notice to the
Municipal Relations Officer or designee, resign such membership and change
their status to the Agency Fee or exempt category in accordance with the
provisions of this article.
5.2.5 The Union specifically agrees that the provisions of Section 5.7 of this Section
apply to any claims against the City or any of its agents or employees
regarding the payroll deduction of Agency Fee.
5.3 Definition of Agency Fee
5.3.1 The Agency Fee collected from non - member bargaining unit employees
pursuant to Section 5.2.1 of this Memorandum of Understanding shall be
limited to the Union's (local, state, and national) annual costs for representing
such employees. Such amount shall be those amounts for full -time employees
as are certified to the Municipal Employee Relations Officer /Human
Resources Manager or designee, from time -to -time by the designated officer
of the Union as the Agency Fee.
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5.3.2 The Union certifies that this "representation fee" includes only those costs
actually incurred by the Union in representing employees, who are not also
members of the Union, in matters specifically and directly connected with the
enforcement and administration of this Memorandum of Understanding, the
adjustment of grievances, and litigation pertaining thereto. The Union further
certifies that this "representation fee" excludes all other costs, fees, and
adjustments including, but not limited to: Union fines, back dues, initiation
fees, or any other charge required as a condition of Union membership; any
and all amounts which may be used, directly or indirectly, for political or
ideological activities, any and all amounts which do not constitute costs
actually incurred by the Union in representation matters specifically and
directly connected with the bargaining of, enforcement and administration of
this Memorandum of Understanding, the adjustment of grievances, and
litigation pertaining thereto. The Union specifically agrees that the provisions
of Section 5.7 of this Section apply to any claims against the City or any of its
agents or employees regarding the appropriateness of the amount of any
"representation fee" set forth in this Section.
5.4 Exceptions
The provisions of Section 5 shall not apply to non - benefited part-time
employees.
5.5 Financial Reporting
5.5.1 The Union shall submit to the City a detailed written financial report of its
financial transactions in the form of a balance sheet and an operating
statement, certified as to accuracy by the Union's Executive Secretary. Each
year such reports shall be verified and submitted in writing to the City's
Human Resources Manager by the Union within 60 days of July 1.
5.5.2 The Union will provide a reasonably prompt opportunity to challenge the
amount of the fee before an impartial decision maker not chosen by the Union
and will make provision for an escrow account to hold amounts reasonably in
dispute while challenges are pending.
5.6 Employees Exempted from Obligation to pay the Union
5.6.1 Any employee shall be exempted from the requirements of Section 5.2 above
if such employee is a member of a bona fide religion, body or sect who has
historically held conscientious objections to joining or financially supporting a
public employee organization and is recognized by the National Labor
Relations Board to hold such objections to Union membership. Such
employee shall, upon presentation of membership and historical objection
satisfactorily to the City and the Union, pay the required service fee to a
recognized non - profit charity.
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5.6.2 Such exempt employee shall, as outlined in Section 5.6.1 above, as an
alternative to payment of an Agency Fee to the Union pay an equal amount
equivalent to such Agency Fee to either:
a) The United Way;
b) Combined Health Agencies Drive (C.H.A.D.);
c) Any charity jointly agreed upon by the City and the Union. Such charities
cannot be affiliated in any manner with the Union, nor can such charity be
related to an established religious organization.
5.7 Hold Harmless
The Union shall hold the City harmless and shall fully and promptly reimburse the City
for any reasonable legal fees, court costs, or other litigation expenses incurred responding to or
defending against any claims against the City or any of it's agents, or employees, in connection
with the interpretation, application, administration or enforcement of any section in the
Memorandum of Understanding pertaining to Agency Fees.
5.8 Expiration Date of Agency Fee Provisions
It is agreed and understood by the parties to this memorandum of Understanding that the
provisions, rights and obligations herein pertaining to payment of any Agency Fee and dues
deduction shall not survive beyond the term of this Memorandum of Understanding, and shall
accordingly expire at the expiration of this Memorandum, provided however that, pursuant to
Government Code Section 3502.5, this Section 5 may be rescinded in its entirety by a majority
vote of all the employees in the unit covered by this Memorandum of Understanding. It is
understood and agreed that: (1) a request for such a vote must be supported by a petition
containing the signatures of at least thirty (30) percent of the employees covered by this Section;
(2) such vote shall be by secret ballot; and (3) such vote may be taken at any time during the
term of this Memorandum of Understanding, but in no event shall there be more than one vote
taken during such term.
SECTION 6: CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, comraissions 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.
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The City shall give forty -five (45) days prior written notice to the Union of the intent and
anticipated impact or proposed contracts for work now being done or new work that could be
done by job classifications represented by the Union.
SECTION 7: PERMANENT TRANSFERS
Employees shall be notified in writing of any permanent transfer from one division to
another ten (10) working days prior to the effective date.
SECTION 8: NOTIFICATION OF PROPOSED CHANGE
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 mu :ually 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, and resolution regulation consistent with the agreement.
SECTION 9: HOURS OF WORK: OVERTIME
9.1 Hours of Work Defined
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 with two consecutive days off.
Alternate Work Schedules (AWS) may be considered, including 9/80 and 4/10, but must be
approved in advance by the Department Head. The City reserves the right to re- evaluate such
approvals if the Alternate Work Schedule results in an undue burden to the City.
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 circumstances, changes in an employee's hours
of work will be made after ten days prior notice.
Volunteers will be sought for any change in regular work hours. If there are no
volunteers, the regular employee with the least seniority will be assigned for a maximum of
twelve months. The city will attempt to make four -month assignments when possible.
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Non - emergency work will not be scheduled for a weekend when either Friday or Monday
is a recognized holiday. (See Section 14.1 - recognition of Saturday and Sunday holidays.)
9.3 Rest Periods
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.
9.3.1 Clean Up Period
At the end of each work period, up to 20 minutes paid clean up time will be provided to
employees. Longer periods, when approved by the Supervisor, will be allowed depending on the
work activities of the work period.
9.4 Overtime
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 an employee shall be authorized in advance by the
Department Head or their designee. In the event of unforeseen circumstances, overtime shall be
approved after the work is completed.
9.5 Payment of Overtime
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.
9.5.1 Meal Periods
A paid meal period and a $12 meal allowance shall be provided when an employee works
more than three consecutive hours immediately following the end of a regular workday. In
addition, after four additional consecutive hours of overtime work, a paid meal period and a $12
meal allowance shall be provided. A meal period shall be 40 minutes.
9.6 Compensatory Time Off
At the employee's discretion, compensatory time (CTO) may be granted for overtime
worked at the rate of time and one -half for each hour worked in lieu of compensation in cash.
Employees, who have previously earned CTO, shall be allowed to schedule CTO at the
employee's discretion provided (1) that prior supervisory approval has been obtained and (2) the
request is made in writing.
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CTO may be accrued for up to 80 hours per calendar year. Any CTO earned exceeding
80 hours will be paid at the rate of time and one-half. An employee may carry over the unused
balance into the next calendar year. Any unused carryover balance will be automatically paid out
at the end of the calendar year.
An employee may exercise his /her option twice each calendar year to convert any /or all
accumulated compensatory time to cash.
9.7 Leave Accruals
An employee shall not accrue vacation or sick leave credits during a pay period if off
without pay for more than 40 hours during said pay period.
SECTION 10: COMPENSATION FOR SERVICES
10.1 Salary Range
a. Approximate monthly salary ranges as listed on Attachment B will apply for each
classification effective at the beginning of the pay period in which July 1 occurs. As reflected in
Attachment B, effective at the beginning of the pay period in which July 1, 2010 occurs, the City
agrees to pay a salary increase equal to .5% and effective July 1, 2011, a salary increase equal to
1.0 %.
b. Maintenance Worker I (MWI) hires after July 1, 2010 will be under the MWI /2010
salary schedule as noted in Attachment B.
c. Differentials as listed on Attachment A will apply for each classification working
in the Elmwood Program.
10.2 Bilingual Pay Differential
An employee who speaks another language other than English while performing their
assigned duties involving contact with members of the community and who passes the required
language proficiency test(s), will be eligible to receive a 7.5% bilingual pay differential only for
the work time during which the employee uses bilingual skills. For payroll reporting purposes,
the 7.5% bilingual pay differential will be recorded with a 15 minute minimum.
In order to be eligible for Bilingual Pay, the Department Head must certify that the
employee has a need to use his /her bilingual skills in communicating with members of the
community.
10.3 Acting Pay /Out -of -Class
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10.3.1 Acting Pay
Temporary assignment, approved in advance by the Department Head, to a classification
in a higher pay grade not defined by this agreement, 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, but not
more than the maximum step of the higher class, whichever is greater, for the number of hours so
assigned. In order to qualify for Acting Pay, an employee shall work a minimum of 8 hours per
day in the temporary position. No employee shall work in a higher classification without written
notice. A copy of the authorization shall be submitted with the timesheet for the affected pay
period.
10.3.2 Out -of -Class
Temporary assignments 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 hours worked.
The temporary assignment shall be authorized in writing by the Supervisor or
Superintendent of Public Works. No employee shall work in a higher classification without
written notice. A copy of the authorization shall be submitted with the timesheet for the affected
pay period. No increase in the wage rates shall apply in instances of Maintenance Worker I
positions temporarily assigned to positions of Maintenance Worker II classification.
10.4 Standby Compensation
Employees who are required to be available during their off -shift hours for possible recall
for emergency service shall be compensated at the following rate per 128 hours so assigned
during the term of this agreement.
July 1, 20 ] 0 - $200.00
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 a response time of 30 minutes or less.
10.5 Callback Pay
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.
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10.6 Mileage Reimbursement
Employees who are required to use their personal vehicles for City Business shall be
reimbursed for such use at the rate established by the IRS.
10. Probationary Period /Salary Advancement
The probationary period shall be twelve months of paid employment. Employees will
advance to the next step of the salary range upon successful completion of the probationary
period. Advancement to subsequent salary steps. will be based on merit (satisfactory evaluation)
and are scheduled annually thereafter.
10.8 Special Skills Compensation
A wide variety of work, requiring spec ialized skills, is completed by employees of the
Service Yard. Position classifications require experience and certification commensurate to the
skills required in each separate Division. The following establishes certification, experience and
additional compensation for eligible employees. Certifications not listed here, but required of
the job specifications, are considered incidental and not eligible for special skill compensation.
Special Skills Title Certification Experience % Over Base
Needed Needed Salary
Non -point Source The ability to 2 yrs @ MWII 7.5%
obtain a Certified
Erosion,
Sediment, and
Storm Water
Inspector
(CESSWI)
certificate as
issued by the
Envirocert
International
desired*
Concrete /Asphalt The ability to obtain 2 yrs @ MWII 7.5%
a Certified Public
Infrastructure
Inspector certificate
as issued by the
American Public
Works Association
desired*
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*Required Eight hours per year of continuing
education in the specified field.
Yard Person /Haz Mat Certificates in the 2 yrs @ MWII 7.5%
following:
• 40 hr
Hazardous
Waste
Operations
and
Emergency
Response
• Hazwoper
Technician
Level
• 8 hr On -Scene
Incident
Command
• California
L nderground
Storage Tank
System
Operator
• Title 22
Hazardous
Waste
Management
• Transportation
of Hazardous
Materials
Welding American Welding 7.5%
Society Certified;
Horizontal Fillet,
Carbon Steel
Plate, Verticle and
Overhead Welds
Spraying Qualified 7.5%
Applicator
Certificate
categories B, C or
F
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Class B License CA Class B Drivers 7.5%
Licen se
Back Flow Backflow 7.5%
Prevention
Assernbly Tester
Certificate as
issued by the
American Water
Works Association
Eligible employees receive compensation incentive pay for only actual hours worked. To be
eligible for special skill pay, experience ar..d certificates must be current, with written
documentation on file with the Human Resources Department. Special skill compensation shall
be determined and approved in advance by the Supervisor in writing.
10.9 Flexible Staffing — Maintenance Worker I /II
An employee shall be eligible to advance from Maintenance Worker I (MWI) to
Maintenance Worker II (MWII) after one year of satisfactory service at the maximum salary step
of Maintenance Worker I with the recommendation of the Department Head and when all MWII
job specification requirements are met. With the new classifications, a MWI would not be
eligible to advance to a MWII until all job specification requirements are met. Current MWI
have the term of this agreement to obtain these specification requirements.
SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION
The City has contracted with Ca1PERS for a 2.7% @55 retirement formula. The City agrees
to pay the employee's contribution rate to the California Public Employees Retirement System
(Ca1PERS) not to exceed 6.0% of applicable salary and each employee agrees to pay 2.0% of
applicable salary. The City agrees to pay - .he employer's contribution rate to the Public
Employees Retirement System.
SECTION 12: HEALTH AND WELFARE BENEFITS
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 premium cost the following amount per
month during the term of this agreement.
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July 1, 2010 through June 30, 2012
Medical Insurance Coverage Level City Contribution
Employee 765.29
Employee + 1 905.29
Employee +2 945.29
Required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee. The City will no longer pay medical insurance cash back (excess
of the monthly premium less the cost of the medical coverage) for new employees hired after
June 30, 2007.
Effective July 1, 2010, employees that retire or resign from service with the City of
Cupertino and who are not eligible for retiree medical benefits can continue on the Cupertino
medical and dental plans provided that they pay the premiums in full.
If during the term of this agreement, modifications are made to the Federal tax code
which would result in any of the medical insurance provided to become subject to taxation, the
contract will be reopened to discuss the impact of such modifications.
SECTION 13: INSURANCE
13.1 Long Term Disability
The City shall provide Long Term D Lsability (LTD) insurance for employees. LTD
income protection coverage shall be up to $7,000 of covered monthly salary. Employees may use
sick leave and /or vacation leave to supplement lost salary during the 60 day elimination period.
13.2 Life Insurance
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.
Employees may be eligible to purchase additiazal life insurance subject to the provisions of the
insurance policy.
13.3 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents
at a cost of $14.36 monthly.
SECTION 14: PAID ABSENCES
14.1 Fixed Holidays
The City shall provide the following fixed paid holidays for eligible employees covered
by this agreement:
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1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day Following Thanksgiving
10. Christmas Eve
11. Christmas Day
12. New Year's Eve
When a holiday falls on a Sunday, the following Monday 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.
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 Holiday Pay
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 considered as working their regular schedule for pay
purposes.
14.2 Floating Holiday Leave
In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of
holiday leave per year that may be used in increments of not less than one (1) hour. Floating
holiday leave shall be earned at a rate of .77 hours per paid period. Floating holiday leave may
be accumulated up to 40 hours. Holiday leave shall be taken at the discretion of the employee
subject to prior supervisory approval.
14.3 Vacations
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. Accrued vacation may be taken with prior supervisory approval.
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Upon termination of employment, unused vacation may not be used to extend final
employment date beyond the annual rate of vacal ion being earned.
Represented employees may convert, on a twice per calendar year basis, unused vacation
time for payment subject to the following conditions:
1. The employee must have accrued vacation of at least 120 hours.
2. Any payments made for unused vacation will be subject to all appropriate taxes.
3. Minimum exchange will be 8 hours; maximum exchange will be 80 hours.
4. All changes are irrevocable.
14.3.1 Vacation Accrual Rate
Benefited full -time employees accrue vacation in accordance with the following
schedule. Benefited employees who work less than a full -time work schedule accrue vacation in
accordance with the following schedule on a pro -rated basis.
Service Time Hrs of Accrual Per Pay Annual Accruals Maximum Accrual
Period
0 - 3 Years 3.08 80 Hours 160 Hours
4 - 9 Years 4.62 120 Hours 240 Hours
10 — 14 Years 5.24 136 Hours 272 Hours
15 — 19 Years 6.16 160 Hours 320 Hours
20 + Years 6.77 176 Hours 352 Hours
An employee may accrue no more vacation credit than twice the annual rate being
earned.
14.3.2 Full vacation leave shall be taken at one time by any one 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 Supervisor.
14.3.3 On termination of employment or on receiving a leave of absence of more than
three (3) months, an employee who has completed 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.
14.3.4 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.
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14.4 Sick Leave
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 regular employees
working less than full time (at least 20 hours per week) shall earn a prorated amount of sick leave
based on their regular hours worked in relation to 40 hours. 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.
Sick leave may be utilized due to the employee's personal illness, maternity or sickness
or injury to the immediate family.
With proper notice, sick leave shall be ta<en in periods of no less than one -half (1/2) hour
increments.
The City will be in compliance with State and Federal Family Leave Laws. In addition to
the family members listed in the Kin Care Law (children, step- children, spouse /domestic partner,
parents, mother -in -law, father -in -law) the City agrees to expand those members to include
siblings, grandchildren and grandparents who because of illness cannot care for themselves, and
for medical emergencies. Employees shall, whenever possible, make appointments for medical,
dental and similar purposes during non -work hours. If this is not possible, sick leave may be
used for these purposes.
14.5 SICK LEAVE VERIFICATION
A Department Head or supervisor may require employees to furnish reasonable
acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the
sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's
certificate or other form of verification where leave abuse is suspected.
If it appears that an employee is abusing sick leave or is using sick leave excessively, the
employee will be counseled that the continued use of sick leave may result in a requirement to
furnish a medical certificate for each such subsequent absence for sick leave regardless of
duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for
discipline up to and including dismissal.
14.6 Personal Leave
The City shall allow accumulated sick leave to be used for conducting personal business
which cannot be conducted outside regular working hours or for family medical emergencies.
14.7 Bereavement Leave
Employees shall be granted paid bereavement leave of 24 hours upon the death of a close
relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic
partner, child, step - child, grandparent, grandchildren, mother -in -law and father -in -law.
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Additional bereavement leave of 16 hours will be granted for travel out -of -state or over 200
miles.
14.8 Military Leave
Military leave shall be granted in accordance with the provisions of state law. All
employees entitled to military leave shall give their supervisor an opportunity, within the limits
of military requirements, to determine when such leave shall be taken.
14.9 Pregnancy Disability Leave
A pregnant employee is entitled to up to four months leave of absence without pay for
temporary disability resulting from pregnancy, miscarriage, childbirth or recovery 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 employee. As with all other temporary
disabilities, a physician's certificate is required to verify the extent and duration of the temporary
disability.
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 until the employee is released by her physician to return to work or for sixty (60) days,
whichever comes first.
14.10 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 ;3ick leave may be taken at the option of the
employee during this leave time. The City will pay health and welfare benefits at the same rate as
prior to the leave.
14.11 Absence Notification
An employee is expected not to absent herself /himself from work for any reason, other
than personal illness, without making prior arrangements with his /her supervisor. Unless prior
arrangements are made, an employee who, for any reason, fails to report for work must make a
sincere effort to immediately notify his /her supervisor or office personnel of his /her reason for
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 supervisor. In proper cases, exceptions will be made.
Any unauthorized absence of an employee from duty shall be deemed to be an absence
without pay and will be grounds for disciplinary action up to and including dismissal 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
8
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.
14.12 Catastrophic Leave
The City's catastrophic leave committee will establish a definition of catastrophic or life -
threatening illness. This committee will evaluate each individual case when it is submitted to
qualify to receive financial assistance. The only limitation is that the employee must be the one
facing the illness. The committee has the Night to ask the applicant to submit further
documentation from the treating physician to determine the applicant's eligibility for
catastrophic leave hours.
Vacation hours and compensatory time off (CTO) hours are the only leave of absence
credits which may be donated in any pay period. A leave of absence transfer drive will be held
whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours.
Upon retirement or resignation, an employee car, contribute up to 10 hours of sick leave provided
that the employee has a minimum of 320 hours of sick leave, which has previously become
vested.
All benefited employees who have passed initial probation with the City will be eligible
to receive assistance. An employee does not have to be a contributor to be eligible. An employee
or their representative must complete a prescribed application form together with supporting
medical documentation to the Personnel Officer when applying for funds.
A recipient must have used all of their available leave hours before he /she is eligible.
The maximum amount is two months (LTD becomes available at this time).
14.13 Family Leave
The City of Cupertino will comply with State and Federal Family Leave Laws.
SECTION 15: SICK LEAVE CONVERSION
15.1 Sick Leave is not vested under California statutory law.
15.2 At the time of termination, the value of non - vested hours is converted to an
incentive compensation bank equal to the employee's base hourly rate.
15.3 If upon retirement an employee has a minimum of 320 non - vested hours, payment
shall be made for up to eighty -five percent (85 %) of the value of the incentive compensation
bank.
15.4 If upon resignation an employee has a minimum of 320 non - vested hours, payment
shall be made for up to seventy percent (70 %) of the value of the incentive compensation bank.
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15.4. a. Employees shall have the option of cashing out sick leave in accordance with
Section 15 - Sick Leave Conversion. Any employee who is retiring will have the option of
applying any remaining sick leave to service credit. If an employee is resigning, he /she will not
have the option of applying sick leave hours to service credit.
15.5 Represented employees will have the option, subject to approval, of converting sick
leave to vacation leave on a two -to -one basis only if the employee's remaining sick leave
balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for
48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick leave
for four hours of vacation. An employee may convert sick leave in excess of 320 hours to
vacation leave on a one -to -one basis to a maximum of 48 hours and a minimum of four 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 previous twelve (12) months.
Such conversions, either to exchange sick leave for vacation or vice versa, shall be
subject to the following conditions:
a. All requests to exchange sick leave for vacation time shall be submitted in writing to
the Department Head a t least 60 calendar days in advance of intended vacation
utilization.
b. The granting of such exchange and subsequent use will be at the discretion of the
Department Head.
c. If twelve (12) months have elapsed since approval of the exchange of sick leave for
vacation, and the employee has not been permitted the use of the converted vacation
time, (after submitting at least one written request for utilization) the employee will
have the right to re- convert the vacation time to sick leave in reverse ratio to the
original exchange. This exchange will be allowed only for previously converted sick
time to vacation and will not be permitted for regularly accrued vacation time.
d. If the employee's vacation accrual exceeds the maximum allowable accrual, 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 liinited to previously converted sick leave /vacation
and may not exceed the amount n3cessary 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 employee.
NOTE: As used in this document, "reverse ratio" is intended to mean that the ration of
sick leave to vacation will revert to the original ratio at the time the initial exchange was
implemented.
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SECTION 16: SAFETY EQUIPMENT
The City will pay on an annual basis the following amount to employees for the purchase
of steel toed safety shoes and rain gear during the term of this agreement:
July 1, 2010 - $400.00
The City shall retain the right to establish minimum safety and quality standards for the
steel toed safety shoes, clothing and safety equipment to be used while performing assigned
tasks.
The city will provide to the employee the following: hard hat, safety glasses, ear
protection, gloves, chain saw slip -on foot protection for employees who operate chain saws,
orange safety tee shirts and /or uniform shirts (11), sweatshirts, safety jacket (1 jacket every other
year), and rain boots.
The city will continue to provide and launder shirts or overalls, which shall be worn
while carrying out the duties of the city.
It is the responsibility of the employee 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 and /or safety equipment, that employee will not be paid until he /she is at the worksite
with the required clothing and /or safety equipment.
Hard hats must be worn when work performed by an employee is equal to, or above
his /her eye level.
Steel toed safety shoes must be worn at all times during the workday.
For new employees, the safety and equipment allowance will be prorated from the date of
employment through the end of the fiscal year in which appointed (June 30).
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.
SECTION 17: CITY SPONSORED RECREATION PROGRAMS
City employees shall have the privilege of enrollment in City sponsored recreation
programs at the City residents' fee structure and in preference to non - residents wishing to enroll.
Each calendar year, benefited employees are eligible to receive up to $400 in Rec Bucks toward
City of Cupertino recreation services in accordance with the City's Recreation Buck Policies and
a free, employee only annual Cupertino Sports Center fitness membership. Part-time benefited
employees will have the annual amount of Recreation Bucks prorated based on number of hours
worked.
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SECTION 18: TRAINING AND TUITION REIMBURSEMENT
It is the intent of the City to recognize the value of training to its employees and to adopt
a training policy which will encourage employees to avail themselves of job related educational
opportunities that will advance their knowledge end interests in the direction of their career with
the City and by doing so to improve the Municipal Service. Employees who wish to seek
reimbursement from the City for training program costs shall provide a written request for
reimbursement to their immediate supervisor. The request shall include the type of program,
sponsoring organization or institution, meeting times and costs for such program.
A copy of the supervisor & superintend.ent's recommendation to the Department Head
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
will be eligible for reimbursement. However, an employee shall not receive any reimbursement
until providing satisfactory proof of successful completion of the training program.
18.1 Service Center Safety /Training Committee
The City and the Union agree to form a committee to jointly develop a safety /training
program. The committee shall meet monthly and will be responsible for the review, discussion,
and recommendations of all matters concerning safety and health, including but not limited to
accident investigations, safety surveys, job site inspections, safety audits, training and emergency
response roles. The committee shall work to problem solve and formulate recommendations to
the appropriate divisions within the Service Cer..ter. Minutes of the meetings shall be taken and
will be distributed to all Service Center employees and posted in a conspicuous location(s). The
City shall have two members and the Union shall have one member, to be elected by the
membership, from each Service Center division.
The City and the Union are committed to a safe working environment, and in pursuit of
this shared commitment both sides agree to look at the benefits of implementing a Safety
Recognition Program. This effort shall be assumed by the Service Center Safety /Training
Committee. Any agreement shall be by consensus between City and Union.
18.2 Labor /Management Committee
The parties agree that regular meetings to explore mutual concerns will be beneficial to
the relationship between the City and the Union. To promote a problem - solving approach, the
parties agree that decision making shall be cooperative.
Consequently the parties agree to meet monthly to discuss any issue concerning the rights
of either party or the relationship between the City and the Union or the City and employees the
Union represents. The purpose of the meetings is to exchange information and to solve problems
or issues. If the issue is not resolved, it may be placed on the agenda for the next quarterly labor
management meeting. The parties may mutually agree to meet less than monthly.
The parties agree that such meetings shall not be negotiations and therefore the results of
the meetings shall not be binding on the parties. These meetings are not to act as a substitute for
the roles and responsibilities of either a shop steward or other job classifications. The Union
shall elect one representative from each division and management may have an equal number of
participants on the committee.
SECTION 19: PERFORMANCE EVALUATIONS
The purpose of performance evaluations is to have formal communication between supervisor
and employee regarding job performance. It is a value to both parties to have this process be
meaningful and fair.
In the event that an employee's performance appears to need improvement, the supervisor should
immediately acknowledge the problems in informal or documented oral counseling sessions.
Counseling should be separate from normal worksite dialogue and should occur as close in time
to the event or problem as possible. It is not i:a either the City's or the employee's interest to
have the feedback delayed until the time of the annual performance evaluation.
Annual performance evaluations will occur no later than 30 days after the due date as set by
Human Resources. Division Maintenance Worker III(s) should provide input in conjunction
with the employee evaluation process.
SECTION 20: TEMPORARY DISABILITY BENEFITS
Any employee sustaining an injury arising 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 prescribed by state law.
20.1 Use of Sick Leave to Supplement Temporary Disability Payments
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. Sick leave hours used will subsequently be credited to the
employee's account by dividing the employee's base hourly rate into the amount that the
employee would have received in industrial injury pay.
SECTION 21: DISCIPLINARY ACTION
The City has a policy of progressive discipline. When the need for discipline arises, the
minimum disciplinary action will be taken commensurate with the seriousness of the offense
which has resulted in such discipline. The severity of the discipline will increase if corrective
action is not taken.
The first and /or most modest step of progressive discipline in the case of minor breaches
of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach
23
continues, or the offense is more than minor, in the judgment of the supervisor, the employee
shall be notified through the issuance of an infraction notice. Such infraction notices shall remain
in the supervisor's file and be destroyed after twelve months.
Should the offense, in the judgment of the supervisor, be so serious or be of a continuous
nature, the supervisor shall recommend more serious reprimand measures or disciplinary action
to the Superintendent. These measures would include, but not be limited to, written reprimands,
suspensions and termination.
When the disciplinary action recommended by the supervisor, and with the concurrence
of the Superintendent, would impact "property rights" of the employee as defined by the courts
of California, it shall be referred to the Director of Public Works.
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:
a. effective date and time of the proposed action
b. the alleged reason for the proposed action
c. the acts or omission which support the allegation
d. the materials upon which the allegation(s) are based and access to any other related
items
e. a "Skelly" pre - disciplinary statement as to the rights 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
f. 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 meeting will postpone the
effective date of action until the Skelly has been heard and the City has responded to issues
raised in the Skelly meeting. In this case the effective date will be five (5) working days from the
Director's response.
SECTION 22: LAYOFF PROCEDURE
The appointing authority may layoff employees for lack of funds, lack of work or for other
similar and just cause. The appointing authority will identify the classification(s) subject to
layoff. For purposes of this Section, Maintenance Worker I and Maintenance Worker II shall be
considered the same classification. Part-time employees shall be released from City service prior
to any layoff of regular, full -time employees in the same classification.
Employees in a classification(s) identified for layoff shall be laid off in reverse order of seniority,
based on the date of the appointment to the classification. If an employee separates from City
employment for a period of more than 30 days, the time off from City employment shall be
deducted from an employee's length of service for the purpose of determining seniority.
24
Employees being laid off shall be entitled to placement in a lower classification; provided (a) the
employee was previously employed with regular status having completed the probationary
period in that lower classification and (b) the employee has more total seniority with the City
than an individual in the lower classification. Any employee being displaced by an employee
opting to be placed in a lower classification shall be entitled to placement in the lower
classification, subject to conditions (a) and (b) listed in this section.
The City will provide a 30 day notice to any employees identified for layoff. Such notice will
include the employee's rights to placement in a lower classification pursuant to this section.
Medical, dental, vision, and life insurance continue through the end of the month in which the
layoff is effective. In addition, the employee will be provided with an opportunity to elect to
enroll in COBRA medical, dental, and /or vision coverage at the time of layoff and at employee
expense.
The names of the 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 (10) business days to a written notice of such opportunity for reinstatement
shall cause that name to be removed from the recall list. Such notice shall be sent by certified or
registered mail to the address of the employee on file with the City. The affected employees
shall be responsible for updating the City of any change in address during the time they are on
the recall list.
SECTION 23: REINSTATEMENT
With the approval of the appointing authority, a regular or probationary employee who
has resigned with a good record or been recalled from a layoff action 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 24: GRIEVANCE PROCEDURE
Definition and Procedure: a grievance is a dispute or difference of opinion raised by an
employee against the City involving the meaning, interpretation or application of the express
provisions of this Agreement or the Rules on Conditions of Employment or existing work rules.
A grievance shall be processed in the following manner:
Step 1: 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 supervisor shall give the employee an oral answer within five (5) calendar days after
such presentation.
Step 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) calendar days after the supervisor's oral answer, or answer
25
due in Step 1, and shall be signed by both the aggrieved employee and the Union Representative
or Union Business Agent. The written grievance shall contain a complete statement of the facts,
the provisions 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
Representative 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.
Step 3: 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 employee's
Department Head within five (5) calendar days after the supervisor's answer in Step 2 and shall
be signed by both the aggrieved employee and the Union Representative 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.
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) 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.
3) The City or the Union shall have the right to request the arbitrator to require the
presence of witnesses or documents. The City and the Union retain the right to
employ legal counsel.
4) The advisory arbitrator shall submit his /her recommendation in writing within thirty
(30) days following the close of the hearing or the submission of briefs by the parties,
whichever is later.
5) More than one grievance may be submitted to the same advisory arbitrator if both
parties mutually agree in writing.
6) The fees and expenses of the advisory arbitrator 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 compensating its own representatives and
witnesses.
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Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no
right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement.
The advisory arbitrator shall consider and decide only the question of fact as to whether there has
been a violation, misinterpretation, or misapplication of the specific provisions of this
Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the
grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no
authority to make a recommendation on any issue not so submitted or raised. The advisory
arbitrator shall be without power to make recommendations contrary to or inconsistent with, in
any way, applicable laws or rules and regulations of administrative bodies that have the force and
effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers,
duties and responsibilities of the City under law and applicable court decisions. The
recommendation shall be advisory only.
SECTION 25: IMPASSE PROCEDURE
The following procedures, extracted from the Municipal Code (Section 2.52.410), shall
apply in the event the parties are unable to resolve and impasse satisfactorily:
25.1 Impasses
A. Impasse procedures may be invoked only after the possibility of settlement by
direct discussion has been exhausted. The impasse procedures are as follows:
1. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation
proceedings shall be private. The mediator shall make no public
recommendation nor take any public position concerning 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 procedure 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 Oen 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. The purpose of such impasse meeting is twofold:
a) To permit a review of the position of all parties in a final effort to reach agreement on
the disputed 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.
B. The fees and expenses, if any, of mediators or of any other impasse procedure,
shall be payable one -half of the City and one -half by the employee organization
or employee organizations.
27
SECTION 26: CONTINUATION OF BENEFITS
All terms and conditions of employment not otherwise contained herein shall be
maintained at the standards in effect at the time of execution.
SECTION 27: SEPARABILITY
In the event any provisions 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 tle 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 agreement.
SECTION 28: RATIFICATION
Nothing contained in this agreement shall be binding upon either the City or the Union
following signing of this agreement by the parties until it has been ratified by the Union's
membership and presented and approved by the City Council of the City.
SECTION 29: TERM
This agreement shall be effective commencing at 12:01 a.m. July 1, 2010 and ending at
11:59 p.m. June 30, 2012.
28
Attachment A
Elmwood Work Furlough Program
Purpose:
To provide a public service for local government through the availability of individuals in a
sentencing alternative program, to perform clean -up type duties.
Affected Employees:
1. All employees hired on or after January l , 2006 may be required to participate in the
Elmwood Work Furlough Program (EWFP).
2. Participation by employees hired prior to Jan uary 1, 2006 will be on a voluntary basis.
3. Seniority for employees hired on the same day will be determined by employee number (i.e.,
the lower the employee number, the greater the seniority).
Participation:
1. An Administrative Crew Leader will be responsible for daily activities related to the EWFP.
2. Assistant Crew Leader will be assigned as necessary to the EWFP.
3. Elmwood Responsible are periodically assigned inmates under the general supervision of the
Elmwood Lead /Assistant Lead.
4. Employees will be provided ten (10) calendar days notice prior to permanent assignment
with the EWFP.
5. With the exception of volunteers, employees with the least seniority who have received
EWFP training will be assigned within 30 days of the completion of training to participate as
staffing is required.
Compensation:
1. Administrative Crew Leader -10% above base pay.
2. Assistant Crew Leader 7.5% above base pay.
3. Elmwood Responsible — 5% above base pay.
Responsibility:
The following responsibilities /tasks are assigned to participants in the EWFP.
1. Administrative Crew Leader
a. Knowledge of EWFP policies, rules, and regulations.
b. Daily administrative of the EWFP.
`;9
c. Assignment of inmates consistent with direction of the responsible Public Works
Supervisor.
d. Conduct an 8:00 a.m. roll call at the beginning of each day.
e. Notify Elmwood if an inmate does not arrive on time.
f. Assign tools and safety equipment to inmates.
g. Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor
Manual ".
h. Conduct a 4:00 p.m. roll call at the end of each day.
An Administrative Crew Leader will not perform manual work that will distract from fully
monitoring the EWFP crew.
2. Assistant Crew Leader
a. Knowledge of EWFP policies, rules, and regulations.
Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor
Manual ".
b. Contact the Administrative Crew Leader concerning EWFP issues.
c. Lock and secure Corporation Yard at the end of the day.
An Assistant Crew Leader will not perform manual work that will .distract from fully monitoring
the EWFP crew.
3. Elmwood Responsible
a. Knowledge of EWFP policies, rules and regulations.
b. Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor
Manual ".
c. Contact the Elmwood Lead/Assistant Lead concerning EWFP issues.
d. Not eligible for additional special skills incentive pay (unless Class B license).
An Elmwood Responsible will perform manual work, provided that the EWFP crew is fully
monitored.
Liability:
An employee assigned to EWFP is covered for liability purposes by the City of Cupertino while
performing duties within the scope of his /her job.
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SECTION 10.1A: APPROXIMATE MONTHLY SALARY RANGES ATTACHMENT B
Salary Effective 07/01/10
Classification Step 1 S1:ep 2 Step 3 Step 4 Step 5
Equipment Mechanic $ 5,267.00 $ 5,530.00 $ 5,807.00 $ 6,097.00 $ 6,402.00
Maintenance Worker I $ 4,236.00 $ 4,449.00 $ 4,671.00 $ 4,906.00 $ 5,150.00
Maintenance Worker 1- 7/1/10 $ 3,842.00 $ 4,035.00 $ 4,236.00 $ 4,449.00 $ 4,671.00
Maintenance Worker 11 $ 4,449.00 $ 4,671.00 $ 4,906.00 $ 5,150.00 $ 5,411.00
Maintenance Worker III $ 5,150.00 $ 5,411.00 $ 5,681.00 $ 5,967.00 $ 6,266.00
Street Lighting Worker $ 5,013.00 $ 5,264.00 _ $ 5,527.00 $ 5,803.00 $ 6,093.00
Salary Effective 07/01/11
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Equipment Mechanic $ 5,320.00 $ 5,586.00 $ 5,865.00 $ 6,158.00 $ 6,466.00
Maintenance Worker 1 $ 4,279.00 $ 4,493.00 $ 4,717.00 $ 4,955.00 $ 5,202.00
Maintenance Worker 1 -2010 $ 3,881.00 $ 4,075.00 $ 4,279.00 $ 4,493.00 $ 4,717.00
Maintenance Worker 11 $ 4,493.00 $ 4,717.00 $ 4,955.00 $ 5,202.00 $ 5,465.00
Maintenance Worker III $ 5,202.00 $ 5,465.00 $ 5,738.00 $ 6,027.00 $ 6,328.00
Street Lighting Worker $ 5,063.00 $ 5,316.00 _ $ 5,582.00 $ 5,861.00 _ $ 6,154.00
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Sideletter Agreement: ATTACHMENT C
Due to timing, the parties agree to meet and discuss the following items subsequent to the
ratification of this agreement, with the intent to retroactively include the agreed upon items as an
integral part of the agreement no later than August 31, 2010:
1. Updated job descriptions
2. Timeline for obtaining certificates
Approval of Side letter:
OPERATING ENGINEERS LOCAL CITY OF CUPERTINO
UNION No. 3
Bill Pope avid W. Knapp
_0 -
Brian Gathers Carol Atwood
Ton roni Rog;, ee
J. es Steed Laura Miyakawa
Date: b pr ved as to form:
Carol A. Korade
City Attorney
Date: MO As)
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