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Memorandum of Understanding
Between
CITY OF CUPERTINO
and
OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO
This agreement, eni;ered into the __ 6_t_h_ day of __ J_u_l_y~--' 1981,
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::i.'ig.reement resulting from the several discussions held between
... ·:.
the two partii:s ·concerning the wages, hours, terms and conditions of employement
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 .positiqns 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 a.s majority representative of the
employees within the Public Works Unit consisting of the following classifications
as well as any new classifications which may be appropriate for this unit
as determined by the Municipal Employees Relations Officer:
Maintenance Worker I
Water Utility Worker I
Maintenance Worker II
Water Utility Worker II
Street Sweeper Operator
Equipment Mechanic
2.1 The City shall promptly notify the Union of its decision to implement
any and all new classifications pertaining to work of a nature performed
by employees in the bargaining unit.
SECTION 3.0: NON:...DISCRIMINATION
In accorda!fc~ with the City of Cupertino Affirmative Action Plan, all
employees shalf 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, restrian,
coerce or discriminate against employees of the City because of their exercise
or representation right under Section 3502 of the Government 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 regular~j assigned work, the Union Steward
shall be permitted reasonable time during working hours to notify the Business
Representative through the most rapid mean~ 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
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or violation of this Memorandum.
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 to the 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 wages, hours, and/ other terms and conditons of employment. Employees
of the Ci,t.y 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 employment relations with the City. No
employee shall be interfered with, intimidated, restrained, coerced or discrimated
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 exclusvie
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 ~pf lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations;
determine ·the content of job classirications; 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
representation. 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 of meeting with the Union, the City shall provide such ¥Otice and
opportunity tome€t at the earliest practical time following the adoption
of such or:dinance, rule. , resolution or regulation consistent with this
agreement.
SECTION 8.0: COMPENSATION FOR SERVICES
8.1 Wage Rate Schedules
The City agrees to increase rates of pay for the classifications
covered by this agreement by nine and one-half percent ( 9. 5%) in the ranges
and steps of the Schedule of Pay Grades as reflected in Attachment "A" of
this agreement to be effective July 1, 1981. If any other bargaining unit
receives more than 9.5% in salary, this agreement will be amended to reflect
the higher amount.
8.2 Out-of-Class Wage Rates
Temporary assignment for a continuous four hour period to a position
assigned to a classification in a higl:ier pay grade shall be compensated
at the Step 1 rate of the higher classification, or at a rate five percent
greater than that of the regular position, ·whichever is greater, for· the
number of hours so assigned. No increase fn the wage rates shall apply
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..
·,
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 off-shift
hours for possible recall for emergency service shall be compensated at
the rate of $75.00 per employee per 168 hours so assigned.' Minimum manning
and skill qualifications for standby assignement 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 ari·:· employee is called or required to report for assigned emergency
or other duties during the period of the close of the regular workday and
the start of·~he next following workday, 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 the employee's customary residence at one and one-half times
the normal rate.
8.5 Mileage Reimbursement
Employees who are required to use their personal vehicles for
City business shall be reimbursed for such use at the rate determined by
the CPI Index, Private Transportation, ,.indicated on the following schedule:
.·
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Consumer Price Index
Private Transportation
200.7
206.2
211. 6
217.6
221.5
228.0
233.3
238,7
244.2
249.6
255.1
260.5
266.0
271.0
Reimbursement
Rate Per Mile
18.5
19.0
19.5
20.0
20.5
21.0
21.5
22.0
22.5
23.0
23.5
24.0
24.5
25.0
SECTION 9.0: PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRIBUTION
The City ~grees to pay half of the employee's contribution rate to
'· the Public Employees Retirement System not to exceed 3.5% of applicable
salary.
SECTION 10. 0: ·; HEALTH AND WELFARE BENEFITS
The City agrees to make available a plan of comprehensive health and
welfare benefits for eligible employees, as well as those provided by the
Operating Engineers Health and Welfare Trust Fund for Northern California.
Any such benefits program must have the continued approval of the Board
of Administration, Public Employees Retirement System. For each participating
employee, the City shall contribute toward the premium due the lesser of
either the actual premium cost or the ~mount of $171.00 per month during
the period of July 1, 1981 through June 30, 1982. Required contribution
amounts exceeding the premium contribution of the City are the responsiblity
of the employee. The City shall not be required to maintain or contribute
any other payment towards dental, medital or life insurance during the period
the Operating Engineer's Health and Welfare Plan is made available.
SECTION 11.0: DISABILITY INSURANCE
The City agrees to pay the premium for··a program of income protection
insurance for eligible employees for the same level of coverage now in effect.
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,,
SECTION 12.0: PAID ABSENCES
12.l Fixed Holidays
The City shall provide the following fixed paid holidays for
eligible employees covered by this agreement:
reg
1. New Year's Day
2. Washington's Birthday
3. Memorial Day
4. Independen·ce Day
5. Labor Day
6. Veteran's Day
7. Thanksgiving Day
8. Day following Thanksgiving
9. Christmas Eve (1/2 shift,
regular workday only)
10. Christmas Day
11. New Yea.r's Eve (1/2 shift,
regular workday only)
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.
No.thing contained herein shall preclude the right of the department
head with the:· .. approval of the Appointing Authority to reschedule work assignments
or hours ol'W?rk to meet emergency situations and other administrative necessities
cause by t~e 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.
12.1.1 Holiday Pay
In order for an employee to receive his regular pay for a holiday
or designated non-work day, work must be performed on the regular scheduled
day before and the regular scheduled day after the holiday or designated
non-work day. Employees on vacation, injury leave, approved short term
leave of absence, with or without pay, or who submit satisfactory evidence
of personal illness shall be considered as working their regular schedule
for pay purposes.
12.2 Floating Holidays
In addition to the foregoing paid .holidays, eligible employees
shall be allowed to schedule two workdays as additional holidays. These
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two floating holidays shall be taken at dates of the employee's slection
provided, however, that prior supervisory approval be obtained in each instance
as to acceptability of the dates selected by the employee.
For new employees, floating holidays will be pro-rated in the
following manner:
1. Employees hired after January 1 but before March 31 shall
be.entitled to two floating holidays in that calendar year.
2. Employees hired after April 1 but before September 30 will
be entitled to one floating holidays that calendar year.
3. Etr)ployees hired after October 1 but before December 31 will
· .'.P0;1: be entitled to floating holidays in that calendar year.
12.3 Good.F'r:iday Non-Work Period
·~; ...
. Th~'. .last two hours of the workday on Good Friday shall be observed
as a non-work' period. City has a right to vary the work schedule to allow
employees to leave work early.
12.4 Vacations
All employees, other 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 the calendar year. After twelve
months of continuous employment, accrued vacation may be taken.
12.4.1 Vacation Accrual Rate
During the first three years of employment, an employee shall
earn vacation credit on the basis of 5/6 work daY-or the hourly equivalent,
for each complete month of continuing service.
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
or the hourly equivalent, for each complete·'.month of continuing service.
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During the fifteenth calendar year of employment and therafter,
an employee shall earn vacation credits at the rate of one and two-thirds
(1 2/3) work day or the hourly equivalent for each month of completed continuous
service.
On the recommendation of the employee's department head and
with the written approval of the Appointing Authority, an employee may carry
over to the next y~ar any porti9n of vacation credit but shall be limited
to not more than that which was earned during the previous year.
12.4.2 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
shall take his vacation shall be determined with due regard for the wishes
..
of the employee.:~i:id particular regard for the needs of the service. Vacation
leave of less~t:han the full ,amount earned may be taken with the approval
· ..
of the depart~ent head.
12.4.3 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 with the City shall be entitled to receive
compensation for all earned but unused vacation accrued at the time of termination
or at the start of. said. leave of absence.
12.4.4 The accural 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.
12.5 Sick Leave
All employees, other than those'holdirig temporary status, shall
earn eight (8) hours per month sick leave time without limit on accumulation.
Employees absent without pay for any reason for more than forty (40) hours
during a calendar month shall not earn sick leave benefits for that month.
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With proper notice and approval of the supervisor, sick leave shall
be taken in periods of no less than one-half hour increments.
To discourage abusive absenteeism, an employee who accumulates six
incidents resulting in sick leave usage within any twelve month period shall
be placed on sick leave restriction. An incident is defined as absence
for any reason, of more than two hours. The department will formally notify
the affected employee after the sixth incident, but prior to any subsequent
illness, that additional.period of absenteeism must be substantiated in
writing upon return to work. Unacceptable substantiation of absenteeism
will result in sick leave not being granted and possible disciplinary action
being taken ... In those cases where an employee has substantiated the absenteeism,
the City may require, at City expense, a medical examination to determine
whether or not the employee is fit for duty. If the examination finds the
employee unable to function in the assigned classification, the City may
take action to retire or terminate the employee. If the employee is found
fit for duty and abusing the use of sick leave, appropriate disciplinary
action will be taken.
12.6 Personal Leave
The City shall allow twenty-four (24) hours per year of accumulated
sick leave to be used for conducting personal business which cannot be conducted
outside regular working hours.
The employee must request 1.eave, if non-emergency, at least forty-
eight (48) hours (two working days) prior to the time of utilization on
the form presently provided. In cases of emergency, the forty-eight (48)
hour notification procedure may be waived by the immediate supervisor, provided
the form is completed and the reason for the request if stated upon return.
12.7 Bereavement Leave
Employees shall be granted pai,d bereavement leave not to exceed
(3) workdays upon the occasion of death of a close relative. Close relatives
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are defined as mother, father, sister, brother, wife, husband, child, grandparent,
grandchildren, mother-in-law and father-in-law.
12.8 Military Leave
Military leave shall be granted in accordance with the provision
of state law.
All employees entitled to military leave shall give their supervisor
an opportunity, within the limits of military requirements, to determine
when such leave shall be taken.
12.9 Maternity Leave
Employees shall be granted maternity leave without pay if they
have been employed by the City for at least twelve (12) continuous months.
Like other nori.i.industrial disabilities, employees may use sick leave and
vacation ._leave to supplement lost wages. The City will pay health and welfare
benefits anct disability insurance until the employee is released by her
physician. to return to work or for sixty (60) days, whichever is first.
12.10 Absence Notification
An employee is expected not to absent himself from work for
any reason other than 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 immediately
notify his supervisor of his reason f~r 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 absenc~··'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
/
v employee who absents himsel for three days· or more without authorized leave
shall be deemed to have resigned. Such absence may be covered, however,
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by the department head by a following grant of leave with or without pay
when extenuating circumstances are found to have existed.
SECTION 13.0: SICK LEAVE ACCUMULATION CONVERSION
The City agrees to pay employees covered by this agreement for unused
balances of sick leave upon retirement or termination for other than just
cause according to the following schedules:
13.l Upon r~tirement, which shall require the formal filing of the
appropriate forms with the Public Employees Retirement System , a cash payment equiv-
alent to sixty-five percent (65%) of the dollar value of the unused sick
leave balance exceeding forty days will be made. 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.
13. 2 .· up:bn termination' for other than discharge with just cause' a
cash pa~~~t~ equivalent to fity percent (50%) of the dollar value of the
unused personal leave balance exceeding forty days will be made. 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 14.0: SAFETY EQUIPMENT
The City shall establish a procedure by which employees may acquire
clothing and safety equipment as outlined below in an amount not to exceed
$150.00 per fiscal year per employee.
Applicable clothing and safety eq~ipment:
a. rain gear
b. hard hats
c. vests : ··
d. safety shoes
e. goggles/safety glasses
f. gJ:oves
g. work clothes
h. ear plugs
The City shall retain the right to establish minimum safety and quality
standards for the clothing and safety equipment to be used while per:Zo::-::i:f.::il!
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assigned tasks. During the probationary period, the City will provide safety
equipment and clothing as needed. At the end of the pr0bationary period
the City will provide up to $50 for the purchase of safety shoes.
For employees completing the probationary period, the $150 clothing
and equipment allowance will be prorated until July 1 of the next fiscal
year.
A new employee, who for whatever reason, terminates his/her employment
with the City before the beginning of the next fiscal year, shall turn in
the clothing and equipment for which the City has paid or pay to the City
the prorated value·. of said clothing and equipment.
It will be <t.he:: responsiblity of the employee to have the required clothing
andfor safety equipment needed for the tasks assigned. If an employee should
. ~· , .. . -~~ ·,.
be at work without the required clothing or safety equipment, that employee
will not be paid until he i's at the work site with the required clothing
and/or safety equipment.
14.1 Responsibility for Lost Tools
The City shall provide all tools and equipment which are required
as necessary to perform. any assigned task in a safe manner. Tools and equipme;nt
so provid·ed shall be considered in the safekeeping of the employee to whom
they are issued and who shall asume 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 de~onstrated that missing tools or equipment
were stolen by other persons and not as the result of having been misplaced.
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.
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SECTION 15.0: TUITION REIMBURSEMENT
The city will reimburse tuition and the cost of books when employees
complete a related course of study preapproved by the department head.
Once a course of study has been approved by the department head, any
employee covered by this agreement would be eligible for the reimbursement
until funds budgeted for this activity have been exhausted.
16.0: TEMPORARY DISABILITY BENEFITS
/Any empl9ye~ sustaining an injury arising out of, or in the course of, . ,._·
the performanc·~:. of his job and who cannot work at the duties and responsi-
bilities normally assigned to that job is entitled to receive temporary dis-
ability payments as prescribed by state law.
16.1 Use of Personal Leave to Supplement Temporary Disability Payments
Any employee entitled to receive temporary disability payments
may elect to supplement such payments with an amount not to exceed that which
is the employee's weekly earnings or weekly earning capacity by use of personal
leave payments to the extent that such personal leave has been accrued to
the employee's account.
SECTION 17.0: DUE PROCESS
In each and every instance involvlng the issue of warning notices,
suspensions or the dismissal or discharge of an employee, such will not be
effectuated without the employee first having been given in writing
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basis for such action being taken and the opportunity to question the reaons
therefore of his supervisor or department head. Said opportunity shall
be as soon as it is practicable after having been served the written notice
and shall not constitute any limitation otherwise available through the
grievanceorappeal procedures. Any written warning in an employee's file
will be removed from the file after t):u:ee ·years.
17.1 The Union and the City agree that use of alocholic beverages
and/or controlled substances during working hours are grounds for disciplinary
action. Furthermore, the Union and the City agree that repeated use of
alcoholic beverages and/or controlled substances will be grounds for termina-
tion.
SECTION 18. 0 · LAYOFFS
Layof~s 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 the Appointing Authority,
will cause the least disruption of service to the City; provided, however,
that within any given position classification employees whose salaries.or
wages are funded in part or whole by Federal employment grants shall be
laid off first before employees holding certified status and who occupy
positions funded from sources other than Federal employment grants.
SECTION 19.0: REINSTATEMENTS
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 snall
have .the first opportunity for reinstatement. Failure to respond within
ten days to a written notice of .such opportunity 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 sh~ll not be eligible for reinstatement
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until all other employees whose names are on the recall list have been given
the opportunity for reinstatement.
SECTION 20.0: GRIEVANCE PROCEDURE
Definition and Procedure A grievance is a dispute or difference of
opinion raised by an employee covered by this Agreement against the City
involving the meaning, interpretation or application of the express provisions
of this Agreement-_(or existing work rules). A grievance shall be processed
in the following manner:
Step 1: Any employee who has a grievance shall submit it designated
as a grievance to ·the employee 1 s immediate supervisor, who is designated
for this purpo,se,' by the City. The supervisor shall give the employee an
oral answer wfi:.hin five (5) calendar days after such presentation.
Step 2·:. If the grivance is not settled in Step 1 and the employee
wishes to ad~ance the grievance to Step 2 of the grievance procedure, it
shall be referred in writing to the employee's next highest supervisor within
five (5) calendar days after the supervisor's oral answer, or answer due
in Step 1, and shall be signed by both the aggrieved employee and the Union
Steward or Union Business Agent. The written grievance shall contain a
complete statement of the facts, the provision or provisions of this Agreement
or work rules which the City is alleged to have violated and the relief
requested. The supervisor or other person designated for this purpose shall
discuss the grievance within five (5)-calendar days with the employee and
the Union Steward at a time mutually agreeable to the parties. If no settle-
ment is reached, the supervisor or other person designated for this purpose
shall provide the employee a written. answer within five (5) calendar days
following their meeting.
Step 3: If the grievance is not settled in Step 2 and the employee wishes
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to appeal the grievance to Step 3 of the grievance procedure, it shall be
referred in writing to the employee's Department Head within five (5) calendar
days after the supervisor's answer in Step 2 and shall be signed by both
the aggrieved employee and the Union Steward or Union Business Agent. The
Department Head shall discuss the grievance within five (5) calendar days
with the employee and the Union Steward at a time mutually agreeable to
the parties. If no settlement is reached, the Department Head shall give
the City's written answer to the employee within five (5) calendar days
following their meeting.
Step 4: If.the grievance is not settled in Step 3 and the employee
wishes to ap~:<;il the grievance to Step 4 of the grievance procedure, the
.........
Union may r~,:fer".the grievance to advisory mediation as described below within . '.;_, ...
fourteem ... ~14)" calendar days after the decision is provided at the third
step.
(1) ::The parties shall attempt: to agree upon an advisory arbitrator
within seven (7) calendar days after receipt of the notice of referral.
In the event that parties are unable to agree upon an advisory arbitrator
within said seven (7) day period, the parties shall immediately jointly
request the State Mediation and Conciliation Service to submit a panel of
five (5) advisory arbitrators. Each party retains the right to reject one
panel in its entirety and request that a new panel be submitted. Both the
Union and the City shall have the right to strike two (2) names from the
panel. The party requesting advisory arbitration shall strike the first
two n_ames: the other party shall then strike two names. The person remaining
shall b,e ·the advisory arbitrator.
(2) The advisory arbitrator shall be notified of his/her selection
and shall be requested· to set a time and place for the hearing, subject
to the availability of Union and City rep~esentatives.
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' .
(3) The City or the Union shall have the right to request the arbitrator
to require the presence of witnesses or documents. The City and the Union
retain the right to employ legal counsel.
(4) The advisory arbitrator shall submit his/her recommendation in
writing within thirty (30) days following the close of the hearing or the
submission of briefs by the parties, whichever is later.
(5) More than one grievance may be submitted to the same advisory
arbitrator if both parties mutually agree in writing.
(6) The fees and expenses of the advisory arbitrator and the cost
of a written transcript shall be divided equally between the City and the
Union: provi<;l~<i~ however, that each party shall be responsible for c.ompensa:ting
-.~ ..
its own repre~~htatives and witnesses.
~--. Limitations on Authority of Advisory Arbitrator The advisory arbitrator
shall have !to right to amend, modify, nullify, ignore, add to, or subtract
from the provisions of this Agreement. The advisory arbitrator shall consider
and decide only the question of fact as to whether there has been a viola-
tion, misinterpretation, or misapplication of the specific provisions of
this Agreement. The advisory arbitrator shall be empowered to determine the
issue raised by the grievance as submitted in writing at the Second Step.
The advisory arbitrator shall have no authority to make a recommendation on
any issue not so submitted or raised. The advisory arbitrator shall be without
power to make recommendations contrary to or inconsistent with, in any way,
applicable laws or rules and regulations of administrative bodies that have
the force and effect of law. The advisory arbitrator shall not in any way
limit or interfere with the powers, ,·duties and responsibilities of the City
under law and applicable court decisions. The recommendation shall be ad-
visory only.
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SECTION 21: IMPASSE PROCEDURE
The following procedures, extracted from the Municipal Code, shall
apply in the event the parties are unable· to resolve an impasse sat;i.sfact:,orily;
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:
1. Mediation (or conciliation). (Defined in Section 2.52.290)
All mediation proceedings shall be private. The mediator shall make no
public reconnnendat.ion nor take any public position concerning the issue;
2. A'.determination by the City Council after a hearing on the
merits of this-dispute.
~· 'Ap.y other dispute resolving procedures to which the parties
mutually agr~e or which the City Council may order.
Any party may initiate the impasse procedure by filing with the
other party (o~ parties) affected a written request for an impasse meeting
together with a statement of its position on all disputed issued. An impasse
meeting shall then be.scheduled by the municipal employee relations officer
forthwith 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
b. If agreement is not concluded, to mutually select the specific
impasse procedure to which the dispu~e 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·mediators or of any other impasse
procedure, shall be payable one-half by the City and one-half by the employee
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organization or employee organizations. (Ord. XII Ch. 6, Art. 2 Section 12:624, 1~/Q)
SECTION 22.0: NO STRIKE
During the life of this agreement neither the Union nor any officers,
agents or employees shall instigate, promote, sponsor, engage in or condone
any strike (including sympathy strike), slow down, concerted stoppage of work
or any other intentional disruption of the operations of the City.
SECTION 23.0: NO LOCKOUTS
During the life of this agreement, the City will not instigate a lockout
over a dispute with the Union so long as there is no breach of Section 22 of
this agreement.
SECTION 24. 0: -.'.CO:NTINUATION OF BENEFITS
All terJll.S ·and conditions of employment not otherwise contained herein
shall be maintained at the standards in effect at the time of execution. :· ... ~'.
SECTION 25.0: 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 26.0: RATIFICATION
Nothing contained in this memorandum shall be binding upon either the
City or the Union following signing of thi_s 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. ...
SECTION 27.0: TERM
This agreement shall have effectivity'connnencing at 12:01 a.m., July 1,
1981 and ending at 11:59 p.m., June 30, 1982.
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CITY OF CUPERTINO OPE ING ENGINEERS LOCAL
UN N NO. 3
....
. ·.·
·'
.. ,,
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CLASSIFICATIONS:
Water Utility Worker I
Maintenance Worker I
Hourly
Monthly
Maintenance Worker II
Hourly
Monthly
· ..
Water Utility Worker'.,:II
Hourly
Monthly · .. '"
Street SweeEer OJ2erator
Hour.ly
Monthly
Equipment Mechanic
Hourly
Monthly
PAY
GRADE
701
702
703'
705
706
ATTACHMENT A
WAGE RATE SCHEDULE
Public Works Unit
EFFECTIVE JULY 1, 1981
STEP A STEP B STEP C
$ 7.795 $ . 8.185 $ 8.594
1,351.13 1,418.73 1,489.63
$ 8.185 $ 8.594 $ 9.024
1,418.73 1,489.63 1,564.16
$ 8. 770 $ 9.209 $ 9.669
1,520.13 1,596. 23 1,675.96
$ 9.254 $ 9. 717 $ 10.203
1,604.03 1,684.28 1,768.52
$ 9.669 $ 10 .152 $ 10.660
1,675.96 1,759.68 1,847.73
STEP,, E-MAXIMUM
$ 9.475
1,642.33
$ 9.949
1,724.49
$ 10.660
1,847.73
$ 11. 249
1,949.83
$ 11. 7 53
2,037.19