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CC Resolution No. 5329 ~ ~ ` RESOLUTION N0. 5329 A RESOLUTION OF TkiE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A MF2fORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CUPERTINO F2IPLOYEES ASSOCIATION WHEREAS, several discussions have been held over proposals concerning wages, hours and other conditions and terms of employment between repre- sentatives of the City and of the C~pertino Employees Association, recog- nized majority repreaentative of the Miscellaneous Unit; and WHEREAS, [he agreement m~tually obtained [hrough these discussions has ' been recorded in the Memorandvm of llnderstanding signed by both parties, wM ch memorand~nn has been submitted to [he C.ity Council for approval; NOW, THEREFORE, BE ZT 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. PASSID AND ADOPTED at a regular meetins of the City Council of the City of Cupertino this 23rd day of June , 1980 by the following vote: Vote Members of the Ci[y Council AYES: Gatto, Plungy, Spnrks, Rogers NOES: None ABSENT: None ABSTAIN: None APPROVED: ~ ! or, Ci[y of Cupertl ATTEST: City Clerk I , ~ ~ MEMORANDUPI OF UNDERSTANDING • BETWEEN CITY OF CUPERTINO AND • CUPERTINO EMPLOYEES ASSOCIATION This agreeroent, entered into the Z3rd day of June , 1980, between the City of Cupertino, herein after referred to as "Ci[y", and repre- sentatives of the Cupertino Employees Association, herein after referred [o us "Association", sets forth the agreement resulting from several discussions heid between these [wo par[les concerning the wages, hours, terms, and con- ditions of employment for the employees of the Miscellaneous Employees Unit of the City, for which the Association is the recognized sole and exclusive repre- sentative. This agreement represents the full and integrated agreement reached between the parties. SECTION 1: NO DISCRIMINATION City and Associa[ion agree they ahall not discriminate in any way on account of race, creed, religion, sex, age, national origin or political affiliation, or for Association activity. SECTION 2: SALARY SCHEDULE The Ci[y agrees to increase ra[es of pay for each classification covered by this agreemen[ by lOX in the ranges and steps of the appropriate Schedule of Pay Crades effective July Z, 1980. Furthermore, the City agrees to increase rates of pay for each classification covered by this agreement an additional 4X effective December 31, 1980. SECTION 3: P.E.R.S. CONTRIBUTION The City agrees to pay half of the employee's contribution rate to the Public Employees Retirement Sys[em not to exceed 3.5X of applicable salary. SECTION 4: INSU~INCE COVERAGti Health - Medi~ Insurance - City agrees to pay. maximum of $115 for medical coverage for employee and dependents through the Dleyers-Geddes S[ate Employees • Medical and Hospital Care Act. Instances in which the premium for medical and hospital insurance plnn selected by an employee is less than the City's maximum premium contribution, the ' City agrees to con[ribute a sum, equal to the difference between the actual premium • and the City's maximum contribution effec[ive at that time, [o a deferred compen- I sation plan in the employee's name. The City retains the right of selection and ~ • administration over the plan or plans utilized to defer compensation. Dental Insurance - City agrees to pay that premium now in effect for employee and dependent. Life Insurance - City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of $15,000. Lonq Term Disability Insurance - City agrees to pay that premium now in effect for each employee. SECTION 5: HOLIDAYS Fixed flolidavs The City shall provide the following fixed paid holidays Eor eligible employees covered by this agreemen[: 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 Sa[urday, 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 [he righ[ of the depar[ment head with the approval of [he Appointing Authozity to reschedule work assignments - 2 - - i or hours of work to meet~ergency situations and other a~nistrative necessities II caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensa[ed for said rescheduled work assignments. FloatinK Holidays ~ In addition to the foregoing paid holiduys, eligible employees shall be , i allowed to schedule two workdays as addltional holidays. These [wo floating ~ holidays shall be taken at dates of the employee's selec[ion, provided, however, [hat prior supervisory approval be obtained in each instance as to the accepta- bility of the dates selected by the employee. For ~ew employees, floating holidays will be pro-rated in the following manner: 1. Employees hired after January 1 but before March 31 ahall be I entitled to two floating holidays in that calendar year. i • 2. Employees hired after April 1 but before September 30 will be ' entitled to one Eloating holiday that calendar year. 3. Employees hired after October 1 but before December 31 will not ' be entitled to floating holidays in that calendar year. 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. ' Holiday Pay In order for an employee to receive his regulur pay for a holiday or designated ~ non-work day, work must be performed on the regular scheduled day before and the I regular acheduled day after the holiday or designated non-work day. Fmployees on vacation, injury leave, approved short term lenve of absence, with or without pay, f . or who submit satisfactory evidence of personnl illness shall be considered as , working their regular schedule for pay purposes.. - 3 - i ~ ~ SECTION 6: TFSiPORARY 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 [emporary disabili[y payments ~ as prescribed by State luw. SECTION 6.1: USE OF SICK LEAVE TO SUPPLEMENT TEMPORARY DISABILITY PAYPIENTS Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount no[ to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent thnt such sick Leave has been accrued to the employee's account. SECTION 7: SICK LEAVE ' All employees, other than those holding temporary status, shall earn eigh[ (8) hours per month sick leave [ime withou[ limit on accumulation. Employees absent wi[hout 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, injury, maternity. or sickness or in~ury in the immediate family. Immediate family is defined as spouse and children. Employees shall, whenever possible, make appointments for medical, dental, and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. SECTION 8: PERSONAL LEAVE The City shall allow twenty-four (24) hours of accwnulated sick leave per calendar year to be used Eor conducting personal busineas which cannot be con- ducted outside regulAr working hours. The employee must request leave, if non-emergency, at least forty-eight (48) - 4 - hours (two working days)• ior [o the time of utilizatio • the form presently provided. In cases oE emergency, the for[y-eight (48) hour notifica[ion pro- cedure may be waived by [he immediate supervisor provided the form iy completed and the reason for the request is stated upon return. ' SECTION 9: BEREAVE2fENT LEAVE Employees shall be granted paid berenvement leave not to exceed three (3) ~ work days upon the occasion of death of a close rela[ive. Close relatives are defined as mother, father, sis[er, brother, wife, husband, child, grctnd- parent, grandchildren, mother-in-law and fa[her-in-law. SECTION 10: MILITARY LEAVE Military leave shall be granted in accordance with the provision of State law. All employees en[itled to military leave shall give their supervisor an opportunity, wi[hin the limits of military requirements, to determine when such leave shall be taken. SECTION 11: ABSENCE NOTIFICATION An employee is expected no[ to absen[ himself from work for any reason other than personal illness without making prior arrangements with his supervisor. llnless prior arransements are made, an employee who, for any reason, fnils to report for work must make a sincere effort to immediately 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 other- wise arranged with his supervisor. In proper cases, exceptions will be made. Any unautliorized absence of an employee from duty shall be deemed to be an absence withou[ pny and will be grounds for disciplinary action by the depar[ment head. In the absence of auch disciplinary action, any em- ployee who absents himself for three days or more wichout authorized leave - S - ~ ~ 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 ex- tenuating circumstances are found to have existed. SECTION 12: STUDY OF LONGEVITY PAY ~ The City and the Association agree to form a task force to s[udy the varlous aspects of longevity pay during the term of this memorandum of under- standing. SECTION 13: DUE PROCESS In each and every instance involving the issuance of warning notices, suspensions or the dismissal or discharge of an employee, such will not be effectua[ed without [he employee first having been given in writing the basis for such action being taken and the opportunity to question the reasons there- for of hia supervisor or department head. Said oppor[unity shall be as soon as is practicable after having been served the written notice and shall not constitute any 13mitation ottierwise available through the grievance or appeal procedures. SECTION 14: LAYOFFS Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of [he Appointing Authority, will cnuse the least disruption of aervice to [he City; provided, however, that wi[hin any given position classification employees whose salaries or wages are funded in part or whole by Federal empl.oyment grants shall be laid off first before employees holding certified status and who occupy positions funded from sources other than Federal employment grants. Unless otherwise prevented from doing so as a result of ~onditions or , - 6 - ~ ~ situations beyond the City's control, the Ci[y will provide a minimum of thirty (30) days notice Co any employee subject to being laid off pursuant to ' the Rule on layoffs. SECTION 15: REINSTATEMENT • The names of 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 reinstatemen[. Failure to respond within ten days [o a written notice of such opportuni[y shall cause that name to be removed from the recall list. Employees whose salaries and wages are funded in part or whole by Federal employment grants and who are laid off shall not be eligible for reinstatement until all other employeea whose names are on the recall list have been given the opportunity for reinstatement and have rejected the offer. SECTION 16: CONTINUATION OF BENEFITS All terms and conditions of employment no[ otherwise contained herein shall be maintained at the standarda in effec[ a[ the time of execution. SECTION 17: SEPARABILITY In the event any provision of this agreement is finally held to be illegal by a cour[ of competent ,jurisdiction or void as being in contravention of any law, rule or regulation of any goverrnnent agency having ~urisdiction over the subject set forth, [hen the remainder of the agreement shall continue in full force and effec[ unless the parts so found to be void are held inseparable from [he remaining portion of the agreement. SECTION 18: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Association following aigning of this memorandum by the parties until it has been rutified by the Association's membership and presented and _ ~ _ ~ ~ • approved by tt~e City Council of the City. SECTION 19: TERFi , This agreement shall have effectivity commencing at 12:01 a.m., July 2, 1980, and ending at 11:59, June 30, 198 1. - 8 -