CC Resolution No. 3952 r~ , i
RESOLUTTON N0. 3952
A RESOLUTION OF THE CITY COUI~TCIL OF THE CITY OF CUPERTINO ADOPTING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO ~:AND
THE CUEERTINO EMPLOYEES ASSOCIATION
WHEREAS, the Personnel Code of the City of Cupertino provides for
representatives of the employees of the City of Cupertino and representatives
~ of Management of the City of Cupertino to meet and confer in good faith on
matters of employment; an~
WHEREAS, members of the City management, through the designated
Mun3.cipal Employee Relations Off3cer,.have met on more. than one occasion
w3th the recogn3zed representatives of the Cuper.tino City Employees
Associat3on, tahich had been recogn3zed as the Ma~oi~ty Representative
for the M3scellaneous Employees Unit, wherein discussions and negotiations
were held on the requests of the employees; and
WHEREAS, A Memorandum of Understanding signed by the parties, attesting
their mutual agreement to its contents and provi~~:ons, has been submitted to
the City Council for ratification and implementation;
.NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino does hereby adopt the aCtached Memorandum of Understanding between
the City of Cupertino and the Cupertino Employees Association.
PASSED AND ADOPTED at a regular meeting of the CiCy Council of the City
of Cupert3no this 16th day of June , 1975, by the
fol.lowing vote:
Vote Members of the Cit Council
AYES: Frolich, Meyers, Nellis, Sparks, Jackson '
NOES: None
ABSENT: None
ABSTAIN: None
APPROV~D:
/s/ James E. Jackson
Mayor, City of Cupertino
ATTEST:
/s/ Wm. E. Ryder
City C1erk
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ATTACHI~ENT RES. N0: 3952
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Memorandum of Understanding
Between
CITY OF CUPERTINO
and
CUPERTINO EMPLOYEES ASSOCIATION
This agreement, entered into the day of , 1975, between the
City o£ Cupertino, herein after referred to as "City", and representatives
of the Cupertino Employees Associati:on, Iierein after referred to as "Association",
sets fortli the agreement resulting from tiie several discussions held between
these two parties concerning tlie wages, tiours, terms, and conditions of employ-
ment for the employees of the Miscellaneous E,mployees U.nit of the City, for
which the Association is tlie recognized sole and exclusive representative. This
agreement represents the full and integrated agreement reached between the parties
as a result of ineetings held in a period of economic adversity, which has
affected both City and employee economic well being. Although many factors
influence any agreement in any given period, in the course of discussion leading
to this agreement special attention has been given to previous Memorandums of
Understanding and to the increase in Bay Area Consumer Price Index (12.1%:
April 1, 1974 to March 30, 1975 period), plus the economic projections for the
Bay Area and the City proper, and the duties and obligations of the City govern-
ment. Considering these influences, tt~e parties agree jointly to submit and
recommend their understandings, as set forth in this agreement, to the City
Council for approval and implementation.
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Section 1.0 - Schedule of Pay Grades Revision
The City shall take immediate action for the adoption of a Schedule of Pay
Grades, applicable to employees in the Miscellaneous Employees Unit, reflecting
an increase of 8.0% for eacti step in each pay grade. The effective date of
the revision to the Schedule of Pay Grades irrespective of the date on which
it may be processed or otherwise approved by resolution of the City Council
shall be June 25, 1975.
Section 2.0 , Deferred Compensation Plan
The City shall make available a vefiicle througfi which employees of the miscellaneous
unit may defer a portion of tKei`r income from ~ncome tax incidence. The deferred
compensation plan or plans sfiall be provided as soon as the required approvals
may be obtained from appropriate State and gederal authority.
Section 3.0 Medical and Hospital Insurance Plan
The City~agrees to continue to make availalile hospital and medical insurance plans
through the Meyers-Geddes State Employees' Medical and Hospital Care Act for
employees and their dependents. Each employee must qualify for enrollment
under the health.plan administrative rules of the Public Employees' Retirement
System. For each employee enrolling in a health plan, the City shall contribute
monthly towards the premium due the lesser o£ either the actual premium cost or
the amount of $50.00. Any remaining monthly premium amounts in excess of the
City's premium contribution are the responsibility of the employee.
Section 4.0 - Deferzal of Unutilized I~edical Premium Contribution
In instances in wi~ich tfie premiums for a medical and hospital insurance plan
selected by an employee pursuant to 9ection 3.0 of this agreement is less than
$50.00 per month, the City agrees to contribute a sum, equal to the difference
between the actual premium and $50.00., to a deferred compensation plan in the
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employee~s name. The City retains the riglZt of selection and administration
over the plan or plans utilized to defer compensation. Tn the event an appro-
priate deferred compensation plan is not available to the City on the effective
date of this agreement, City~ 1ia15ility for contributions to deferred compensation
accounts shall commence with. the premium peri,od of July, 1975, and shall be
cumulative until such time as a plan is approved and available.
Secfion 5 Life Tnsurance
The City agrees to provide a policy of group life insurance in the amount of
$15,000.00 for each eligible employee. Pre,miums sfiall be,paid by the City.
Section 6 Vacations
The City shall take immediate action to amend the Rules on Conditions of
Employment to provide ~or accrual of vacation credits allowing twenty (20)
days of vacation after completion of fifteen years of continuous service.
Section 7- Personal Leave Accumulation Conversion
The City agrees to pay employees covered by this agreement for unused balances
of personal leave upon retirement or termination for other than just cause
accordi,ng to the following schedules:
1. Upon retirement, which shall require the forma.l filing of the
appropriate forms with the Public Em~loyees' Retirement System,
~ a cash payment equivalent to fifty percent (50%~) of the dollar
value of the unused personal leave balance e~ceeding sixty days.
Dollar value for such payment siiall tie calculated at a wage rate
which is the average of the preceding five (5) years for the employee.
2. Upon termination for other ti~an discharge with just cause, a cash
payment equivalent to thirty percent (30%) of the dollar value of
the unused personal leave balance.exceeding sixty days. The dollar
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value for such payment shall be calculated at a wage rate which
is~ the average of the preceding five (5) years for the employee.
Section 8- Existing Benefits Continued
The parties agree that all terms and conditions of employment not otherwise
provided for herein shall be maintained at the standards in effect at the
time of execution of this agreement.
Section 9 - Separability
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 t~e paxts so found to be void are held in-
separable from the remaining portion of the agreement.,
Section 10 - Term
This agreement shall have effectivity commencing at 12:01 A.M., July 1, 1975,
and ending at 11:59 P.M., June 30, 1976, except as otherwise specified for
Schedule of Pay Grades in Section l.
Section 11 - Ratification
Nothing contained in this memorandum shall be binding upon either the City or the
Association~following signing of this memorandum by the parties until it has
been ratified by the Association's membership and presented and approved by
the City Council of the City.
CI OF CU~ERTINO CUPERTINO EMPLOY SOCIATION
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