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: ,
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C ty Clerk
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• 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.
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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
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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.
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I Life__Insurance - City shall provide life i~surance and
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; accidental death and dismemberment coverage for each employee in
I the amount of five times annual salary to a ma:;imum benefit of
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~ 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.
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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:
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I, 1. Employees hired after January 1 but before March '1 shall
'i be entitled to two floating holidays in that calendar
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I year.
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I~ 2. Employees hired after April 1 but before September ~4
I will be entitled to one floating holiday that calendar
year.
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I 3. Employees hired after October 1 but before December 31
' will not be entitled to floating holidays in that
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' calendar year.
'i Good_Friday_Non=Work_Period
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' 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
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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.
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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.
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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.
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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
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, 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.
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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
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, 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
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~ 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
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f allowed only for previously converted sick time to
I vacation and will not be permitted for regularly accrued
vacation time.
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~ 4. If an employee, after converting sick leave to vacation
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~ time, e::hausts all of his/her remai~ing sick leave due
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' 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
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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
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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
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! The City shall allow twenty-four (<4) hours of accumulated
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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.
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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
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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.
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~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.
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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~
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G.-' /
~~t~~• ~1~ ~ti1s~~ H
~y _
City Clu k
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City Attorney
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