CC Resolution No. 4184 ,
RESOLUTION N0. 4184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CUPERTINO AND THE OPERATING ENGINEER'S LOCAL N0. 3
WHEREAS, several discussions have been held over proposals concerning
wages, hours and other conditions and terms of employment between representa-
tives of the City and of the Operating Engineer'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, 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 the Operating Engineers Local Union No. 3.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 22nd day of June , 1976, by the
following vote:
Vote Members of the City Council
AYES: Frolich, Jackson, Nellis, Meyers
NOES: None
ABSENT: 0'Keefe
ABSTAIAT : None
APPROVED:
/s/ Robert W. Meyers
Mayor, City of Cupertino
ATTEST:
/s/ Ellen Pagnini
Deputy City Clerk
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Attachment
Reso].ution No. 4184
Memorandum of Understanding
Between
CITY OF CUPERTINO
and
OPERATING ENGINEERS LOCAL UNION N0. 3, AFL-CIO
This agreement, entered into the 14th day of June , 1976, between
the official representatives of the City of Cupertino, hereinafter referred
to as "City", and the official representaCives 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
Cupertino 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
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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
Government Code.
4.2 Business Representatives of the Union may have access Co
any Employee or Employees presenting a grievance and Employees have the
right to have the Union Business Representative represent him or ~er 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 permitCed 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 violaCion of this Memorandum.
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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, ~oin and participate
in the activities of employee organizaCions of their own choosing for the
purpose of representation on all matters of employer-employee relat3ons
including but not limited to wages, hours, and other terms and conditions
of employment. Employees of the CiCy also shall have the right to refuse
to ~oin or participate in the activities of employee organizations and
sha11 have the right to represent themselves individually in their employ-
ment relations with the City. No employee shall be interfered with,
intimidated, 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 lack 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 exercise
complete control and discretion over its organization and the technology of
performing its work.
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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
recognized 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 Schedules
8.1.1 First Year Rates
During the period of July l;'1976 through June•30, ~977,.~wage rate
schedules for cTassifications; covered ~by...th~.s ag"reement:.shall be .as
shown in attachment "A" to this agreement, which reflect an increase of
approximately five and one half per cent (5.5%) for each class over rates
paid during the previous year.
8.1.2 Second Year Rates
Prior to June 30, 1977, the City and Union agree to meet and confer
concerning wages to be effective July 1, 1977 through June 30, 1978. It
is agreed that discussion shall be limited to adjustments in wage rates
and contributions towards Health and Welfare Plan premium costs, unless
both parties expressly agree to meet and confer over another negotiable
matter. During the second year of this agreement, wage rates shown in
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Schedule "A" and effective during the f irst year of this agreement, and the
contributions towards Health and Welfare Plan premium costs, shall be modified
following such meet and confer to the extent that aggregate unit costs from
all combined increases do not increase by more than seven percenC (7.0%) of the
total costs of unit compensation for the 12 months preceeding June 30, 1977
(see Section 9.0). Wage rates thus agreed upon for the second year of this
agreement shall be effective July 1, 1977 through June 30, 1978.
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 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
$30.00 per employee per 168 hours so assigned. Minimum manning and skill
qualifications for standby assignment shall be determined by the City. Assign-
ment 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 connection therewith to and from
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the employee's customary residence at one and one half times the normal rate.
Section 9.0 - Health and Welfare Benefits
The City agrees to make available a plan of comprehensive health and welfare
benefits for eligible employees, as provided by the Operating Engineers
Health and Welfare Trust Fund for Northern California, upon continued approval
of such plan 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 $92.00 during the period of July 1, 1976 through June 30, 1977.
Effective July 1, 1977 and continuing through June 30, 1978, monthly City
contribution amounts shall be increased, as agreed upon by City and Union,
provided however that the total amounts of such increase, if any, when
combined with wage rate increases for the corresponding period and all other
increased costs resulting from higher wage rates, as specified in Section
8.1.2, shall not increase the total unit compensation costs by more than
seven per cent (7.0%). Required 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 other payment towards
dental, medical or life insurance plans during the period the Operating
Engineer's Health and Welfare Plan is made available.
Section 10.0 - Disability 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 4~309777A.
Section 11.0 - Paid Absences
11.1 Fixed Holidays
The City shall provide the following fixed paid holidays for eligible ~
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employees 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. ChrisCmas Day
5. Labor Daq
When a holiday or non-work day fa•lls 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
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.
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 last two hours of the workday on Good Friday shall be observed as a
non-work period.
11.4 Vacations
All employees, oCher 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 any one calendar year which vacation
may be taken during the calendar year following that in which it was earned.
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11.4.1
On the completion of that continuous service between the date of initial
appointment to the City and the end of the then current calendar year
an employee shall have earned vacation credit on the basis of five-
sixths (5/6) work day for each completed month of continuous service.
11.4.2
For each completed month of continuous service during those calendar
years following the time period referred to in Section 8.21, above, an
employee shall earn vacation credit on the basis of five-sixths (S/6)
work day for each of such completed month of continuous service.
11.4.3
During the fourth calendar year of employment an employee shall earn
vacation credit on the basis on one and one-fourth (1 1/4) work days
for each of such completed month of continuous service.
11.4.4 •
During the fifteenth calendar year of employment and thereafter an '
employee shall earn vacation credits at the rate of one and two-thirds
(1 2/3) work days for each month of completed continuous service.
11.4.5
On recommendation of the employee's department head and with the written
approval of the Appointing Authority an employee may carry over to the
next subsequent calendar year any portion of the vacation credit that
he would otherwise be entitled to take during the preceding calendar
,year provided that such carry over shall be limited to not more than that
which was earned during the prior calendar year.
11.4.6
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
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sha11 take his vacation shall be determined with due regard for the
wishes of the employee and particular regard for the needs of the service.
Vacation leave of less than the full amount earned may be taken with the
approval of the department head.
11.4.7
On termination of employment or on receiving a leave of absence of more
than three (3) months an employee who has completed twelve (12) months
of continuous service wiCh the City shall be entitled to receive compensa-
tion for all earned but unused vacation accrued at the time of termination
or at the start of said leave of absence.
11.4.8
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.
11.5 Absence Notification
An employee is expected not to absent himself from work for any reason
other Chan personal illness without making prior arrangements with his
supervisor. Unless prior arrangements are made, an employee who, for
any reason, fails to report for work must make a sincere effort to immed-
iately notify his supervisor of his 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 on a daily basis unless
otherwise arranged with his 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
by the department head. In the absence of such disciplinary action, any
employee who absents himself for three days or more without authorized
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leave shall be deemed to have resigned. Such absence may be covered,
however, by the department head by a following grant of leave with or
without pay when extenuating circumstances are found to have existed.
Section 12.0 - 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 according to the following schedules:
12.1 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 employee.
12.2 Upon termination for other than 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
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 13.0 - Safety Equipment
13.1 Foot Protection
The City shall provide to each employee who has satisfactorily completed
the probationary period two pair of safety shoes of such construction to
protect the wearer from foot injury from falling heavy or sharp objects.
Only two 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 retain the right for selection of the means of acquisition,
style, make, components and other characteristics of the shoes.
13.2 Coveralls
The City shall provide each employee one (1) set of covera~~Is for wear
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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 one 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.
13.3 Responsibility for Lost Tools
The City shall provide all tools and equipment which are required as neces-
sary to perform any assigned task in a safe manner. Tools and equipment so
provided shall be considered in the safekeeping of the employee to whom they
are issued and who shall assume personal responsibility for their custody
until such time as they are returned. Tools and equipment not returned at
the designated time by an employee to whom they are issued may;be,charged~
to such employee who will be required to reimburse the City for like replace-
ment; provided, however, that such requirement for reimbursement shall not
apply when reasonable doubt can be demonstrated that missing tools or equip-
ment were stolen by other persons and not as the result of having been mis-
placed. Nothing herein shall be construed as being applicable to damage or
breakage of such tools and equipment caused by normal and prudent use in the
performance of assigned tasks for which they were intended.
Section 14.0 - Reduction in Force
The City and Union agree that at a mutually convenient time during the term
of this agreement discussions will be held preparatory to the development
of a layoff procedure which will provide for such conditions as applicable
criteria, demotion in lieu of layoff, recall and other similar but allied
provisions.
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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:
2.52.410 Impasses..
A. Impasse procedures may be invoked only after the possibility of settle-
ment 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 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 a11 parties affected. The purpose of such impasse
meeting is two fold:
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 Chis point, the matter shall be referred
to the City Council.
B. The fees and expenses, if any, of inediators or of any other impasse
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procedure, shall be payable one-half by the City and one-half by the
employee organization or employee organizations. (Ord. XII Ch. 6, Art. 2
Section 12:6.24, 1970).
Section 16.0 - Existin~ 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 coritravention
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.
Sect~ion 18.0 - Term
This agreement shall be effective for two years, commencing.at 12:01 a.m.,
July 1, 1976, and ending at 11:59 p.m., June 30, 1978.
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 CUPER OPERATING ENGINEERS LOCAL UNION N0. 3
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Wage Rate Schedule
Effective July 1, 1976, 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 $202.40 $212.80 $223.30 $245.24
Month 877.07 922.13 967.20 1062.71
Hour 5.060 5.320 5.580 6.131
Maintenance Worker II
Week $212.80 $223.20 $234.32 $258.24
Month 922.13 967.20 1015.39 1119.04
Hour 5.320 5.580 5.858 6.456
Maintenance Worker III
Street Sweeper Operator
Week $235.68 $248.40 $259.88 $287.88
Month 1021.28 1076.40 1126.15 1247.48
Hour 5.892 6.210 6.497 7.197
Equipment Mechanic
Week $248.40 $259.88 $273.88 $301.88
Month 1076.40 1126.15 1186.81 1308.15
Hour 6.210 6.497 6.847 7.547