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CC Resolution No. 4193 ~ RESOLUTTON N0. 4193 A RESOLUTION OF THE C~TY COUNCTL OF THE CITY OF CUPERTINO ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CUPERTINO 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 conf er in good faith on matters of employment; and WHEREAS, members of the City management, through the designated Municipal Employee Relations Officer, have met on more than one occasion with the recognized representatives of the Cupertino City Employees Association, which had been recognized as the Majority Representative for the Miscellaneous 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 provisions, 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 attached Memorandum of Understanding between the City of Cupertino and the Cupertino Employees Association. 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 ABSTAIN: None APPROVED: /s/ Robert W. Meyers Mayor, City of Cupertino ATTEST: /s/ Ellen Pagnini Deputy City Clerk ~ ~ ~ Attachment Res. No. 4193 Memorandum of Understanding Between CITY OF CUPERTINO and CUPERTINO EMPLOYEES ASSOCIATION This agreement, entered into the 21 day of June , 1976, between the City of Cupertino, herein after referred to~as "City", and representatives of the Cupertino Employees Association, herein after referred to as "Association", sets forth the agreement resulting from the several discussions held between these two parties concerning the wages, hours, terms, and conditions of employ- ment for the employees of the Miscellaneous Employees Unit of the City, for which the Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties. Section 1.0 - Pay Schedules l.l First Year Rates The City agrees to increase rates of pay for each classif ication covered by this agreement by increasing the grades and steps of the appropriate Schedule of Pay Grades by 5.5%, to be effective July 1, 1976 and continuing through June 30, 1977. 1.2 Second Year Rates Prior to June 1, 1977, the parties agree to meet and confer concerning the rates of pay to be effective July 1, 1977 through June 30, 1978. Wage rates in eff ect during the preceeding twelve (12) months, as specified in Section 1.1, may be modified as a result of these discussions to the extent that resultant increases from salary and salary-related costs, plus any increases agreed upon . in City contributions to medical and hospital insurance plans (see Section 3.0) shall not increase yearly total unit compensation costs to the City by more than seven percent (7.0%) over total unit costs for the preceeding twelve (12) months. 1.3. Extraordinary Consumer Price Index Changes In event the San Francisco-Oakland consumer price index for "all items", prepared by the U.S. Department of Labor, Bureau of Labor Statistics, measured between the indexes of March 31, 1976 and March 31, 1977 increases by more than ten percent (10.0%), or by less than four percent (4.0%), the City and the Association agree to meet and confer within twen:ty~:(20) calendar days of release of the index over possible adjustment to the seven percent (7.0%) total compensation increase specified in Sections 1.2 and 3.0. 1.4 Scope of Discussion Meet and confer during the term of this agreement shall be limited to the economic matters specified in Sections 1.2 and 1.3 unless both parties agree to meet and confer over another matter. Section 2.0 - Deferred Compensation Plan The City shall continue to make available a vehicle through wtiich employees of the Miscellaneous Unit may defer a portion of their income from income tax incidence. Section 3.0 - Medical and Hospital Insurance The City agrees to continue to make available medical and hospital insurance plans through the Meyers-Geddes State Employees Medical and Hospital Care Act, subject to the.laws and rules providing for and administering such plans. For each participating employee, the City agrees to contribute the lesser of either the actual premium cost or the amount of $60.00 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 may be increased, as agreed upon by City and Association, provided however that the total of such increase, if any, in combination with salary increases and all other cost increases resulting from higher wage rates as specif ied in Section 1.2, shall not increase total unit compensation costs by more than seven percent (7.0%). Required premium payments beyond the contribution of the City remain the responsibility of the employee. Section 4.0 - Deferral of Unutilized City Medi _cal Premium Contribution In instances in which the premiums for a medical and hospital insurance plan selected by an employee pursuant to Section 3.0 of this agreement is less than the City's maximum premium contribution, the City agrees to contribute a sum, equal to the difference between the actual premium and the City contribution effective at that time, to a deferred compensation plan in the employee's name. The City retains the right of selection and administration over the plan or plans utilized to defer compensation. Section 5.0 - Life Insurance The City agrees to provide a policy of group life insurance in the amount of $15,000.00 for each eligible employee. Premiums shall be paid by the City. Section 6.0 - Holidays , 6.1 Fixed Holidays The City shall provide the following fixed paid holidays for eligible 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. 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 holida~ ~alls 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 assign- ments 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. 6.2 Floating Holidays 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 accept- ability of the dates selected by the employee. 6.3 Good Friday Non-Work Period The period of 1:00 P.M. to 3:00 P.M. on Good Friday shall be observed as a non-work period. Section 7.0 - Layoff Procedure 7..1 Layoff . When it becomes necessary to reduce the work force within any given classif ication, for lack of work, lack of money, or otherwise, such reduction shall be accom- pli,shed first by lay off in priority order of part-time employees, employees having temporary status and employees having provisional status; second, by lay off of probationary employees; and, third, by lay off of regular full-time employees having certified status. Within any of said three categories of employment, retention of employees shall be on the bas~s of the following factors in sequence of importance until cessation of the need for sa~id reduction. 1. Employees whose employment record demonstrates the possession of requisite skills and ability to perform the duties and responsib3lities of the tasks to be assigned following any reduction in the work force; and 2. Employees whose duly prepared, signed and filed performance evaluation records in the City's Personnel Office demonstrate the higher overall performance as a City employee. 7.2 Demotion in Lieu of Layoff An employee with certified status or a probationary employee who is currently serving as such after promotion from a position in which certif ied status had been achieved who is subject to layoff and who so requests, may, in lieu of layoff be demoted to the next lower position authorized to be f illed within his recognized bargaining unit. Demotion shall be through those classes in which the employee previously held certified status; provided, that an employee serving a probationary period shall not displace a certified employee in a class in which he has not previously held certif ied status. 7.3 Recall When employees are recalled from layoff, the order of recall shall be in the inverse order of layoff. Notice of recall shall be sent to the employee at his last known address by registered mail. If any employee fails to report for work within ten (10) working days from the date of mailing the notice of recall, he shall be considered to have resigned. Recall rights of an employee shall expire one year from the date of layoff. Section 8.0 ~ Existing Benefits Continued ~ All tezms 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, except that it is agreed that the City retains the right to obtain and select a replacement dental insurance program for the existing dental contract which expires June 30, 1976. City agrees to attempt to enter into agreement with the County of Santa Clara in order to obtain insurance through its group dental insurance contract with Califor~ia Dental Service. Section 9.0 - 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 jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held in- separable from the remaining portion of the agreement. Section 10.0 - Term This agreement shall have effectivity commencing at 12:01 A.M., July 1, 1976, and ending at 11:59:~P.M., June 30, 1978. Section 11.0 - Ratif ication 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. CITY OF CUPERTINO CUPERTINO EMPLOYEES ASSOCIATION - G^^^7