Loading...
CC Resolution No. 6371 ' ~ ~ ' ~ RESOLUTION N0. 6371 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ' ADOPTING A ME240RANDU:! OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CUPERTINO EMPLOYEES ASSOCIATION WHEREAS, several discusslons have been held over proposals concerning wages, hours and other conditions and terms of employment between repre- sentatives of the City and of the Cupertino Employees Association recognized majority representative of the Miscellaneous Unit: and WHEREAS, the agreement mutually obtalned through these discuasions has been recorded in the Memorandum of Understanding signed by both parties, which memorandum has been submitted to the City Council for approval; NOW, THEi~EFORE, BE IT RGSOLVED that the City Courtcil of the City of Cupertino does hereby adop[ the attached Memorundum 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 Lnd day of Julv , 1984 by Chc following: Vote Members of the City Council AY"c5: Gatto, Johnson, Rogers, Sparks, Plungy vOES: None ABSENT: None ABSTAIN: None APPROVED: or ity of Cup ATTEST: , /lt,.... ~ ~ / i~:."~~ ' C ty Clerk ' . ~ • MEMORANDUM OF UNDEF.STANDING BETWEEN CITY OF CUFEkTINO AND CUPEkTINO EMFLOYEES ASSOCIATION This agreement, entered into the _2nd___ day of _~y~___,1984 between the City of Cupertino, hereinafter referred to as "City", and representatives of the Cupertino Employees Association, hereinafter referred to as "Association'", sets forth the agreement resulting 4rom several discussions held between these two parties concerning the wages, hours, terms, and conditions of employment for the employees of the Miscellaneous Employees Unit of the City, for which the Association is the recognized sole ~nd e::clusive represent~tive. This ~greement repre5ents the full and integrated agreement reached between the parties. SECTION 1: NO_DI^~CRIMINgT10N City and AssoCiation agree they shall not discriminate in any way on account of race, creed, religion, se:<, age, national origin, political affiliation, sexual preference, or for Association activity. SECTION 2: ~3A~A~Y_SCH~D~14~ The City aqrees to increase rates of pay for each classification covered by this agreement by 5.5% in the ranges and steps of the appropriate Schedule of Pay Grades effective June 27, 1984. 1 ' ~ ~ SECTION P E_R_S__C~NTkIRUTION The City agrees to pay the employee's contribution rate to I the F'ublic Employees Retirement System not to exceed 7.G% of II applicable salary. ~ SECTION 4: INSURANCE COVERAGE ! Health___Medical_Snsurance - City agrees to pay a ma:timum of $180 for medical coverage for employee and dependents through the ~ Meyers-Geddes State Empioyees Medical and Hospital Care Act. I Instances in which the premium for medical and hospital , i insurance plan selected by ~n employee is less than the City's I ma>:imum premium tontribution, the City agrees to contribute a sum, equal to the difference between the actual premium and the City's ma:<imum 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 def er compensation. I Dental__Insurance - City agrees to pay ~~~S.~G per month for employees and their dependents. ~ I Life__Insurance - City shall provide life i~surance and I i ; accidental death and dismemberment coverage for each employee in I the amount of five times annual salary to a ma:;imum benefit of i ~ 3259,i~U0. The City will make available to employees...at the employee's e:<pense...a supplemental life insurance program. L4~g__Tgrm__D~sa~~j3~y__~n~ur~p~~ - City agrees to pay that premium now in effect for each employee. ~ I ~ 2 I • ~ ~ ~ ~ SECTION 5: HOLIgAYS Fi •_ed_Hol i c~ ~ys . The City shall provide the following fi::ed paid h~lidays for ~ eligible employees covered by thi5 agreement: 1. New Years Day 8. Day following Th~nksgiving 2. Washington's Birthday 9. Christmas Eve - haif shift 3. Memorial Day (only on regular work day) 4. Independence Day 30. Christmas Day 5. L~bor Day 11. New Years Eve - half shift 6. Veteran'e Day (only on regular work: day) 7. Thanksgiving 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 holid~y falls on a Sunday, the following Monday ehall be obsPrved 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. Floati~g_Holidays In ~ddition to the foregoing paid holidays, eligible employees shall be allowed to schedule two work: days as additional holidays. These two floating holidays shall be taken at dates of the employee's selection, provided: 1) that prior supervisory approval be obtained, and before the end of the second pay period in December of each calendar year. For new employees, floating holidays will be pro-rated 1n the following manner: ~ i . . . . _ . . . . . . . . • • I, 1. Employees hired after January 1 but before March '1 shall 'i be entitled to two floating holidays in that calendar ~ I year. I I~ 2. Employees hired after April 1 but before September ~4 I will be entitled to one floating holiday that calendar year. i I 3. Employees hired after October 1 but before December 31 ' will not be entitled to floating holidays in that i ' calendar year. 'i Good_Friday_Non=Work_Period , ' The period of 1:0~ F.M. to 3:c~0 F.M. on Good Friday shall be observed as ~ non-work period. Hoi i ~aY ~"?Y In order for an employee to receive his/her regular pay for a holiday or de~ignated 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 ab5ence, with or without pay, or who aubmit satisfactory evidence of personal I illness shall be considered as working their regular schedule for pay purposes. I SECTION 6: TEMFOFARY DISAPIIITY_HENEFITS I Any employee suetaining an injury arising out of, or in the course of, the performance of his job and who cannot work at the dutles and responsibilities normally assigned to that job is entitled to receive temporary disability payments as prescribed by State law. 4 ~ ~ ~ SECTION 6.1: USF_OF_SI1Ck_LEAVE_i?_SUFFLEMEh1T_TEMF'ORARY DISAPILI7Y_F'AYMENTS Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to e;;ceed that which is the employee's weeF:ly earnings or weekly earning capacity by use of sick leave payments to the e%:tent that such sick leave has been accrued to the empl~yee's account. SECTION 7: VACATION All employees, other than those holding temporary status, . whose work assignment is of a recurring nature of nat less tha~ a normal worL; week sh~ll accrue vacation credit. After twelve months of continuous employment, accrued vacation may he taF:en. During the first three years of employment, an employee shall earn vacation credit on the basis of 5/b work day or the hourly equivalent, for each complete month of continuing service. During the fourth ye~r of employment a~ employeee shall earn vacation credit on the basis of one and one-fourth fl 1/4) work days or the hourly equivalent, for each compiete manth of continuing service. During the fifteenth year of employment and thereafter, an employee shall earn vacation credits at the rate of one and two-thirds (1 ~/3) work days or the hourly equivalent for each month of completed continuous service. A~ employee may accrue no more vacation credit than twice the annual rate being earned. Upon terminatlon of employment, unused vacation may not be used to extend final employment date beyond the annusl rate being earned. S ~ ~ ~ Commencing with the effective date of this agr~zment, represented employees ~nay convert, on a unce per calendar year ~ basis, unused vacation time for payment subject to the folloc;ririg condicions: 1. The employee must have an earned vacation of a minimum of 15 days. Any payments made for unused vacation will be subject to all appropriate taxes and deductions ~s determined by the Finance Department. 3. Minimum e:acha~ge will be 1 day, maximum exchange will be 5 days. All changes are irrevocable. SECTION 8: SICk LEAVE All employees, other than those holding temporary status, sh~ll earn eight (8) hours per month sick leave time without li~nit on accumulation. Employees absent without pay for any reason fur more than forty (40) hours during a calendar month shall not earn sicl: leave benefits for that month. Sick leave may be utili<-ed due to the employee's personal illness, injury, maternity, or sicl:ness or injury in the immediake 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 purposee. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half haur increments. b ~ ~ The City shall pay an employee for unused balanr_e of sick leave upon retirement, or termination for other than just cause, according to the following schedule: 1. Upon retirernent, which shall require the formal filing of the appropriate 4orms with the Public Empioyee's Retirement System, a cash payment equivalent to I I , seventy-five percent (75%) of the dollar value af the ~ unused sick leave in e;:cess of 320 hours. Such payment to be calculated at a wage rate which is the average of ~ the preceding five (5) years for the employee. i, I 2. Upon termination for other than disch~rge with a just ' cause, a cash payment equivalent to fifty percent (5~%) of the dollar value of the unused sick. leave balance exceeding 320 hours. 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. Commencing with the effective date of this agreement, represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum e::change will be 8 hours sicE: leave for 4 hours of vacatio~. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half of vacation accrued during tne previous tweive months. Such conversion, either to er,change sick leave for vacation or vice versa shall be subject to the followi.ng conditions: 1. All requests to e;:change sick leave for vacation time shall be submitted in writing to the Department Head at 7 ~'i ~ • • , least si•r.ty (6~J) cale~dar dnys in advance of intended vacation utili~ation. The granting of such exchange and subsequent use will be at the discretion of the Department Head ~ It twelve (1~) months have elapsed since approval of the i exchange of sick leave for vacation, and the employee ~ has not been permitted the use of the converted vacation I ~ time, (after submitting at least one written request for I utilization) the employee will have the right to ~ re-convert the vacatio~ time to sick. leave in reverse ratio to the original e::change. This e;:change will be ~ f allowed only for previously converted sick time to I vacation and will not be permitted for regularly accrued vacation time. i ~ 4. If an employee, after converting sick leave to vacation I ~ time, e::hausts all of his/her remai~ing sick leave due i ' to injury or illness, he/she may make a written request , to the Department Head to re-convert vacation time to sick leave on a reverse ratio basis. Approval will be aubject to an assessment by the Department Head as to the validity of the illness/injury and whether or not a written physician's statement attesting to the illness/injury is required will be at the sole option of the Department Head. If the employee's vacation accrual exceeds the maximum allowable accrual, he/ahe will have the option to re-convert vacation time back to sick leave on a reverse 8 ratio basi • Such re-conversion sh• be limited to previously converted sick leave/vacation and may not e:<ceed the amount necessary to reduce the accrued ' vacation to the maximum allowable. Fegularly accrued Ii vacation time will not be eilgible for this re-canversion to sick leave and any regularly accrued i vacation time accrued in e::cess of the m~ximum allowable will be disallowed and not subject to utilization by the employee. NOTE; As used in this document, "reverse ratio" is intended to mean that the ratio of sick leave to vacation will i revert to the originai ratio at the time the initial e:achange was implemented. , SECTION 9: PERSONAL_LEAVE i ! The City shall allow twenty-four (<4) hours of accumulated I i sick: leave per calendar year to be used for conducting personal ' business which cannot be conducted outside regular working hours. The employee must request leave, if non-emergency, at lease , forty-eight l48) 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 is stated upon return. SECTION 1Q: BER~AVE~~NT_~~AVE Employees shall be granted paid bereavement leave not to e:<teed three (3) work days upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, child, grandparent, grandchildren, mother-in-law and father-in-law. 9 ~ ~ SECTION li: MILITARY t_EAVE , Military leav= 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. SECTION 1~: MATERNITY_~EAVE Employees shall be granted maternity leave without pay if they have been employed by the City for at lease twelve (1~) continuous months. Like other non-industrial disabilities, employees may use sick leave and vacation leave to supplement lost wrges. The City will pay he~lth and welfare benefits at the same rate as prior to the leave until the employee xs released by her physician to return to work or for 60 day~, whichever comes first. SECTION 1~: AHSENC~ NOTIFICATION An employee is expected not to absent him~elf/herself from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior ~rrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor of his/her reason for being abse~t. If the ab~ence, 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/her supervisor. In proper cases, exception~ will be made. Any unauthorized absence of an employee from duty shall be deemed to be a~ absence without pay a~d will be grounds for 10 discip).in~ary ar_tion b~thE~ depart:ment head. In~~ absenr.e of aurh dts~i~~ir,~r-y action, any employee who abGents himself/hPrscalf for thrE:e days or mar-e without ai.ithori:ed leave sh~ll be deemed tn have resigned. Such absence may be covered, hnwever, by tfie department head by a followiny grint of leave with or without pay when e::tenuating circumstances are found to have e;;i ,ted. SFCTION 14: WELLNESS FRO~RAM The City agrees to provide up to !~40.OG per employee to participate in physical fitness evaluation programs provided by De Anza Colleue. SECTION 1:,: CI_TY_SF'ONSORED_RECREATION F'ROGRAMS City employe~s shall have the privilege nf enrollment in city sponsored recre~tion prngr<ims at city resicient~'' fee structure and in pre(erence to nun-residents wisfiing ti~ enroll. SECTION 16: DUE F'FUCESS In each and every instance involving the issuance oF warning notices, Fuspensions or the dismissal or discharge of an empl~yee, such wiii not be effectuated without the employee first having been given in writing the basis for such action being taL;en and the opportunity to question the reasons therefore of his/her- supervisor or departmPnt head. Said opportunit:y shail be as soori as is practicable after having been served the written notice and shail not constitute any limitati~n otherwise available through the grievance or appeal procedures. Any written warning in an employee's file will be remaved frnm the file after three years. 11 ~ ~ ~ ~FCTION 17: ~AYOFFS Layo4fs of employees rnay be made by the Appoint:ng Authority ' for lack: of funds, lack of work or for other simil~ir and just cause. The order of layo4f shall be that which, in the opinion of the Appointing Authority, will cause the least disruption of service to the City Unless otherwise prevented from doing so as a result of conditions or situations beyond the City's contrul, the City will provide a minimum of thirty (3C~) days notice to any empioyee subject to being laid off pursuant to the Rule on layoffs. SECTION 18: FEINSTATEM~NT The names of employees affected by layoff shail be placed on ~ recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond withi~ ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. With the approval of the Appointing Authority, a permanent or probationary employee who has resigned with a good record may be ~ reinstated within twenty-four mo~ths of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for ail purposes, shall be considered as though they had received an original appointment. SECTION 19: CONTINUAIjg~l_OF_~E~IEFITS All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. 12 ; ! • SECTION 20: SEPARABILITV ' In the event any provision of this agreement is finally held • to be illegal by a court of competent jurisdiction or void asbeing in contr~vention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, 'I then the remainder of the agreement shall continue in full force I and effe~t unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 21: RAT~FICATION 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. SFCTION 22: TEkM This agreement shall have effectivity commencing at 12:01 A.M., July 1, 1984 and ending at 11:59, P.M., June 30, 1985. - - • -E/~~~L=~'--r_ yo , C t3~..of Cupe L~~'~~L~ ~ ~ / G.-' / ~~t~~• ~1~ ~ti1s~~ H ~y _ City Clu k . - City Attorney 13