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CC Resolution No. 3953 ~ 1 RESOLUTION N0. 3953 A RESOLUTION OF THE CITY COUNCII~ OF THE CITY OF CUPERTINO ADOPTING A MEMORANDUM OF UNDERSTANliIP;G BETWEEN THE CITY OF CUPERTZNO AND THE OPERATING ENGINEER'S LOCAL N0. 3 WHEREAS, several discussions have been held over proposals conce.rning wages, hours and other conditions and terms of employment between representatives of the City and of the Operating En~ineer's Local Union No. 3, recognized majority representative of the Public Works Unit; and WHEREAS, the agreement mutually obtained through these discussions has been recorded in a Memorandum of Understanding signed by both parties, wliich memorandum has been s~bmitted 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 the Operating Engineers Local Union No. 3. PASSED AND ADOPTED at a regular meetin of the City Council of the City of Cupertino this 30th day of ~une , 1975, liy the following vote: Vote Members of the City Council AYES• Frolich, Meyers, Nellis, Jackson NOES: None ABSENT: Sparks ABSTAIN: None APPROVED: /s/ James E. Jackson Mayor, City of Cupertino ATTEST: /s/ Wm. E. Ryder City Clerk ~ ~ \ / ~ Memorandum of Understanding Between CITY OF CUPERTINO and OPERATING ENGINEERS LOCAL UNION N0. 3, AFL-CIO This agreement, entered into the 27th day of June , 1975, between the official representatives of the City of Cupertino, hereinafter referred to as "City", and the official representatives of the Operating Engineers Local Union No. 3, 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, 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 majority representative. This agreement represents the entire and integrated agreement between the City and the Union and supercedes all prior representations and agreements, whether written or oral. General Provisions Section 1.0 - Definitions 1.1 City - the City of Cupertino, a municipal corporation 1.2 Union - Operating Engineers= Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO 1.3 Employee - All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the Cup- ertino Municipal Code. Section 2.0 - Union Recognition 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 r t employees within the Public Works Unit consisting of the following class- ifications as well as any new classifications which may be appropriate for this unit as determined by the Municipal Employees Relations Officer: Maintenance Worker I Maintenance Worker II Maintenance Worker III Street Sweeper Operator Equipment Mechanic Section 3.0 - Non-Discrimination In accordance with the City of Cupertino Affirmative Action Plan, all employees shall have equal opportunity in employment without regard to race, religion, national origin, sex, sexual orientation or age. Section 4.0 - 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 Govern- ment 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 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 re- port an alleged grievance or violation of this Memorandum. - 2 - , ~ 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 Union by the City. Section 5.0 - Employee Rights 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 but not limited to 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 right to represent themselves individually in their employ- ment relations with the City. No employee shall be interfered with, in- timidated, restrained, coerced or discriminated against because of his exercise of these rights. Section 6.0 - City Rights 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 service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of laclc of work or for other legitimate reasons; maintain the efficiency of govern- mental operations; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exer- cise complete.control and discretion over its organization and the tech- nology of performing its work. ~ ' ' - 3 - Section 7.0 - 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 rec- ognized employee organization on matters relating to the scope of repre- sentation. 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 or" 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 or regulation consistent with this agreement. Section 8.0 - Compensation for Services 8.1 Wage Rate Schedule The City shall compensate all employees covered by this agreement at the rates set forth in attachment "A" for each classification. These rates shall be effective June 25, 1975. Additional classifications es- tablished during the term of this agreement shall be compensated at rates determined by the Director of Personnel of the City. Monthly and hourly rates are interchangeable with the weekly rates, which are the basis for computation of pay under the City's biweekly pay,roll system. 8.2 Out-of-Class Wage Rates Temporary assignment for a continuous eight 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 per- cent greater than that of the regular position, whichever is greater, for the number of hours so assigned. No increase in the wage rates shall - 4 - apply in instances of Maintenance Worker I positions temporarily assigned to positions of Maintenance Worker II classification. 8.3 Standby Compensation Employees who are required to be available during their offshift hours for possible recall for emergency service shall be compensated at the rate of $25.00 per employee per 168 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. 8.4 Callback Pay If an 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 times the normal rate for the period the employee is required to be available at the work station, and for travel time in con- nection therewith to and from the employee's customary residence at one and one half times the normal rate. Section 9.0 - Comprehensive Benefits Plan The City agrees to make available a plan of comprehensive health and wel- fare benefits for eligible employees, as provided by the Operating Engineers Health and Welfare Trust Fund for Northern California, upon submission to the City of evidence that such plan has been approved by the Board of Administration, Public Employees Retirement System. For each participating employee, the City shall contribute monthly towards the premium due the lesser of either the actual premium cost or the amount of $75.00. Required - 5 - ( contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. The City shall not be required to maintain or contribute any payment towards existing dental, medical or life insurance plans after the date the Operating Engineer's Health and Wel- fare Plan is made available. Section 10.0 - Disabilit~y Insurance The City agrees to provide, at no cost to employees, a program of income protection insurance for eligible employees as described in the City's Standard Insurance Company Policy ~~309777A. Section 11.0 - Paid Absences 11.1 Fixed Holidays The City shall provide the following fixed paid holidays for eligible em- ployees covered by this agreement: 1. New Year's Day 6. Veteran's Day 2. Washington's Birthday 7. Thanksgiving Day 3. Memorial Day 8. Day following Thanksgiving 4. Independence Day 9. Christmas Day 5. Labor Day When a holiday or non-work day falls on a Saturday the preceding Friday shall be observed as the non-work day, and 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 ad- ministrative 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. ~ 6 - 11.2 Floating Holiday In addition to the foregoing paid holidays, eligible employees shall be allowed to schedule two workdays as additional holidays. These two floating holidays shall be taken at dates of the employee's selection, provided however, that prior supervisory approval be obtained in each instance as to the acceptability of the dates selected by the employee. 11.3 Good Friday Non-Work Period ' The period between 12:00 noon and 3:00 p. m. on Good Friday shall be ob- served as a non-work period. 11.4 Vacations The City agrees to take immediate action to amend the Rules on Conditions of Employment to provide for accrual of vacation credits allowing twenty days vacation after completion of fifteen years of continuous service. • Section 12.0 - Personal Leave Accumulation Conversion The City agrees to pay employees covered by this agreement for unused bal- ances of personal leave upon retirement or termination for other than just cause according to the following schedules: 1. Upon retirement, which shall require the formal filing of the appropriate forms with the Public Employees' Retirement System, a cash payment equivalent to fifty percent (50%) of the dollar value of the unused personal leave balance exceeding sixty days. Dollar value for such payment shall be calculated at a wage rate which is the average of the preceding five (5) years for the em- ployee. 2. Upon termination for other than discahrge 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 value for such payment shall be calculated at a wage rate which is the average of the preceding five (S) years for the employee, • . - 7 - Section 13.0 - Safety Equipment 13.1 Foot Protection The City shall provide to each employee who has satisfactorily completed the probationary period one pair of safety shoes of such construction to protect the wearer from foot injury from falling heavy or sharp objects. Only one such pair shall be provided during any 12 month period. The cost for such safety footwear shall be the responsibility of the City, which shall also be responsible for selection of the style, make, components and other characteristics of the shoes. 13.2 Coveralls The City shall provide each employee one (1) set of coveralls for wear during the performance of assigned duties. It shall be the responsibility of the employee to adequately secure and utilize the coveralls assigned. Maintenance (laundering only) of these coveralls shall be provided by the City once during each calendar month, except that more frequent maintenance shall be provided in those instances where assigned duties, as determined by the appropriate supervisor, so require. Section 14.0 - Social Security Investigation The City agrees to conduct, during the term of this agreement, an investi- gation into and analysis of the costs, benefits, scope of coverage and alternative plans of the present Federal system of Social Security (OASDI). Copies of the results of the study shall be made available to all employees covered by this agreement. Section 15.0 - Impasse Procedures The following procedures, extracted from the Municipal Code, shall apply in the event the parties are unable to resolve an impasse satisfactorily: - 8 - 2.52.410 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: l. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation proceedings shall be private. The mediator shall make no public recommendations nor take any public position concerning the issue; 2. A determination by the City Council after a hearing on the merits of the 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 then be scheduled by the municipal employee relations officer forth- with 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 6n 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 inediators or of any other impasse procedure, shall be payable one-half by the City and one-half by the em- ployee organization or employee organizations. (Ord. XII Ch. 6, Art. 2 Section 12:6.24, 1970). - 9 - Section 16.0 - 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 17.0 - 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 jurisdic- tion 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 agreement. Section 18.0 - 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 spec- ified for wage rate schedules in Section 1. Section 19.0 - Ratification 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. CITY OF CUPERTINO OPERATING ENGINEERS LOCAL UNION N0. 3 . ~ 1 i / 1~ ~ -10- ~ . . ' Appendix "A" Wage Rate Schedule Effective June 25, 1975, for positions of the Public Works Unit represented by the Operating Engineers Local Union 4~3 Step 1 Step 2 Step 3 Maximum Maintenance Worker I Week $191.83 $201.70 $211.54 $232.45 Month 831.26 874.03 916.67 1007.28 Hour 4.796 5.043 5.289 5.811 Maintenance Worker II Week 201.70 211.54 222.12 244.75 Month 873.03 916.67 962.52 1060.58 Hour 5.043 5.289 5.553 6.119 Street Sweeper Operator Maintenance Worker III Week 223.38 235.45 246.32 272.88 Month 967.98 1020.28 1067.39 1182.48 Hour 5.585 5.886 6.158 6.822 Equipment Mechanic Week 235.45 246.32 259.60 286.17 Month 1020.28 1067.39 1124.93 1240.07 Hour 5.886 6.158 6.490 7.154 ~ ~ r AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CUPERTINO AND OPERATING ENGINEERS LOCAL UNION N0. 3, AFL-CIO The principal parties hereby agree and understand that delays may be experienced in implementing the provisions of Section 9.0, Comprehensive Benefits Plan, of their agreement for the period of 1975-1976 fiscal year , regarding the employees of the Public Works Unit. These delays are under- stood to result from the administrative requirements of the Public Employees Retirement System (P. E. R. S.), which necessitate review and approval of employee organization sponsored medical and health plans that are simul- taneously offered with Meyers-Geddes Health Act plans. It is hereby agreed that, commencing July 1, 1975, and continuing thereafter until the Union- sponsored Health and Welfare Plan is accepted by P. E. R. S. and made available to all employees of the Unit, the City will contribute monthly the actual premium cost, not to exceed $50.00 per employee towards the City- sponsored health plan of the employee's choice. The City will continue to provide $3,000.00 term life insurance for each employee, and the City will continue to contribute $13.00 per employee per month for the Union- sponsored dental insurance during this same period. At the time of receipt of evidence of acceptability of the Union-sponsored Health and Welfare Plan to P. E. R. S., the City shall cease to operate under the provisions of this amendment and implement Section 9.0 of the Memorandum of Understanding. CITY F CUPERTINO OPE NG ENGIN ERS OCAL UNION N0. 3 ~ w ~ ` •