CC Resolution No. 6372
, , ~ ~
i ~
' ~ RESOLUTION N0. 6372
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
' ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CllPERTINO AND THE OPERATING ENGINEER'S LOCAL N0. 3
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 Operating Engineer's Local Union No. 3,
recognized majority representative of the Public Works Unit; and
WHEREAS, che agreement mutually obtained through these discussions
has been recorded in a Memorandum of Understanding signed by both parties,
which memorandum has been submitted to the City Council for approval;
NOW, THEREFORE, BE IT RESOL~IED that the City Council of the City of
Cupertino does hereby adopt the attached Memorandum of UnderstandinR between
the City of Cupertino and the Operating Engineers Local Union No. 3.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 2nd day of July , 1984 hy the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
ATTEST:
v'"L~,~e.°G---~
City Clerk
~ ~
~ Memorandum of Understanding
Hetween
CITY OF CUPERTINO
and
OPERATING ENC~INEERS LOCAL UNION NO. 3~ AFL-CID
.
This agreement, entered into the znd day of July , 198-
between the o44icial repre~entatives of the City of Cupertino,
hereinafter referred to as "City", and the official
representatives of the Operating Engineers Local Union No. 3,
AFI.-CIO, hereinafter ref erred to as "Union", setz forth the
agreement resulting from the several discussions held between the
two parties concerninq the waqes, hours, terms and conditions of
employment for thQ employees of the Public Works Unit of the
City, for Nhich the Union is the retognized sole and exclusive
majority representative. This aqreement represents the entire
and inteqrated agreement between the City and the Union and
super~edes all prior representations and agreements, whether
written or oral.
C~gngral Provisigr,~
SECTION 1.0: DEF3NITION§
1.1 C;ty - the City of Cupertino, a municipal corporation
1.2 ~Q~,gQ - Operatinq Enqineers Local Union No. 3 of the
International Union of Operatinq Engin~ers, AFL-CIO
1.3 ~mol__o~eQ - All employees whose positions are contained
in the Public Works Unit recoqnized pursuant to Section 2.32.470
of the Cupertino Municipal Cod~.
1
i
, • , 'SECTION 2.0: LLNI~ R~C4GNITIDN •
• Pursuant to Section 2.52.480 of the City Code and applicable
State law, the Union is recognized by the City as majority
representative of the employees within the Public Works Unit
consisting of the fallowing classifications as Nell as any new
classifications which may be appropriate for this u~iit as
determined by the Munic3pal Employees R~lations Officer:
Maintnenace Worker I
. Water Utility Worker I
Maintenance Worker II
Water Utility Worker II
Maintenance Worker III
Equipment Mechanic
2.1 The City shall promptly notify the Union of its dec3sion
to implem@nt any and all neN classifications pertaining to work
of a nature performed by employees in the bargaininq unit.
SECTION 3.0: NON-DISCRIM NATI N
In accordance with the City of Cupertino Affirmative Action
Plan, all employees shall have equal oppo~tunity in employmQnt
without rega~d to race, religion, political af4fliatian, national
oriqin, sex, sQxual orientation or aqe.
SECTION 4.0: RE~R~§~TATION RICHT~
4.1 The City and Unio~ shall not interfere with, intimidate,
restrain, coerca or discriminatQ aqainst employees of the City
bQCausQ of their exercise or representation right undQr Saction
3502 of the OovQrnment Code.
4.2 Business Reprasentativss of thQ Union may hava access to
any employee or amployees presenting a qrievance and eoployeea
have the riqht to havQ the Union 8usiness Repres~ntative
represent him or her at all staqes of disciplina~y actio~.
2
4.3 The Unio~may select one (1) employ~for each location
~here employees covered by this Memorandum are normally assigned
as Union Steward.
4.4 In addition to his regularly assigned work, the Union
Steward shall be permitted reasonable time during working hours
to notif y the Business Representative throuqh the most rapid
maans appropriate and available of any alleged violations ot thla
Memoraridum. Employees are authorized to co~tact their Union
Steward during workinq hours to report an alleged grievance or
violation of this Memorandum.
4.5 The City agrees to daduct on a biwaekly basis the
monthly Union membership dues from thQ earned wag~s of each
employee with3n the barqaining unit upon receipt of signed
authorization to do so from each employee concerned. Union
agrees to providQ a monthly list of active membership desiring
dues deductions to the City. Terminations and other pQrsonnel
chanqes affecting dues payment aill be provided to the Union by
the City.
SECTION 5.0: '~P~OY~FzRIGHT~ •
Employaes of thQ City shall have th~ riqht to form, join and
participate in the activitiss of employee organizations of their
arm chooginq for the purpose of representation on all matters of
employer-employee rQlations includinq wages, hou~s, and othQr
terms and conditions of employment. Employees of the City also
shall have the riqht to rQfuse to jain or participate in the
activities of employee orqanizations and ahall have the right to
represent themselves individually in their employment relations
with the City. No employee shall be interfered with, intimidaked~
restrained, coerced or discriminated against because of his
exercise of theso riqhts.
3
' ~SECTION 6.0: ~ITY
RI6HTS •
The rights of the City include, but are not limited to, the
exclusive right to determine the mission of its constituent
departments, commissio~s and boards; set standards of service9
determine the procedures and standards of selection for
employment and promotion; direct its employees: take disciplinary
action; relieve its employees from duty because of lack o4 work
or for other leqitimate reasons; maintain the efficiency ot
government~l operations; determine the content bf job
classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and
discration over its orqanization and the technolagy of performing
its work.
Th@ City shall qive forty-five t45) days prior written notice
to the Union of the intent and anticipat~d impact of p~oposed
contracts for work now being done or new work that could be dona
by job classifications reprasentQd by the U~ion.
SECTIDN 7.0: NOTIFICATION OF PROPO~E~ CHA(VGF
City agreQS to servQ ~itten notice upon the Union of any
intQnt to change or alter any ordinance, ruiQ, resolutio~ or
regulation affectinq the recognized employee orqanization on
matters relating to the scope of ~epresantation. Upon receipt of
the written notification of intended chanqe, the parties will
meQt at a date not less than fifteen (13) days followinq r~ceipt
of intent. After notification~ the parties may mutually agree
that the Meet and Confer provisions are satisfied by thQ written
notice.
In cases of emerqencies when the City determines that an
ordinance, rule~ resolution or regulatio~ must be adopted
4
immediately withc~ prior notice of ineeting ih the Union, the
City shall provide such ~otice and opportunity to meet at the
' earliest practical time following the adoption of such ordinance,
rule, resolution or regulation congistent with this agreemQnt.
SECTION 8.0: HOURS OF WORKi OV~RTIME
8.1 Hours of Work Def~ned
Houra worked shall include all time not under the
control of the employee whether such hours are worked in ths
City's work place, or in some other place where the QmployQQ is
carrying out the duties of the City. ~
The normal workweek shall be 40 hcurs in five days.
8.2 S~hed es
It will be a manaqQmQnt respongibllity to schedule the
hours ot rwrk for each employee covered by this agreement.
E3ccept in unforeseen circum9tances, changes in employeQ's hours
of work will be mada after ten days prior notice. For fiscal year
1986-87, the City aqrees to discuss a flexible work achedule as
it might relate to productivity.
8.3 Rest Per ~
Each e+nployee shall bv granted a rest period of fifte~n
minutes during each work period ot more than three hours
duration. No wage deduction shall be madQ nor tim~ off charqed
against employees takinq authorizQd rest pQriods~ nor shall any
riqhts or overtime be accrued for rest periods not taken.
8.4 Overtim~+
Overtime shall be defined as any r+ork in excess of
section 8.1 above. Holidays and paid timo off ahall count toward
the accumulation of the workwe~k.
Overtimw Wark for the City by an employee shall b• autho~ized
S
in advance by th ~ partment head or their d• gnee. In thQ
event of unforseen circumstances, overtime shall be approved
. after the work is completed.
8.5 Pavment of Overtimg
All approved overtimQ work performed by employses shall
be paid at the rate of one ar~d one-half t1 1/2) times the normal
rate of pay. Work pertormQd on Saturdays, Sundays, City Holidays
or during an employee's scheduled vacation shall be considered to
be overtime and paid accordingly.
Employees may elect to receive compensatory time off in
lieu of beinq paid the overtimQ rate at the rate o4 one and
one-half f1 1/2) hours off f or each hour so worked.
' 8. b Com~gQ~~torv Ti m~Of 4
Eliqible anployees shall be allowed to gchedule
coa~pensatory timf off at dates of the employee's selection
provided: 1) that prior supervisory approval has be~n obtained,
and 2) it is takQn prior to the sacond pay period in December of
each calendar year and 3> th• request is made in writing.
If the employeQ has ~ot been permitted ths use of the
earned comp~nsatory time off by the second pay period in
DecQmber, thQ amployee will have the right to receiv~ payment f or
tha overtimQ warked.
SECTION 9.0: ~Q~QT3QA1 FOR S~RV~~~
9.1 klaae R~~~~~gg
The City aqre~s to rat~s of pay for the claaslfications
covtred by this aqreem~nt in thw rang~s and steps of the Schedule
04 Pay 6rades am reflected in Attachment "A" of this aqrvement to
bQ effectivQ Jun• 27, 1984.
6
~ 9.2 O-ut of~ss
Wage Ratgs •
Temporary assignment for a continuous four hour period
~ to a position assigned to a classification in a higher pay grade
shall be compensated at the Step 1 rate of the
higherclassification, or at a rate five percent greater than that
of the regular position, whichever is qreater, for the number of
hours so assigned. No increase in the waga rates shall apply in
i~stancese of Maintenance Warker I po3itions temporarily assigned
to positions of Maintenance Worker II classification.
9.3 S~tandb mpensa ion
Employees +vho are required to be available during thei~
off-shift hours for possibls recall for emergency sQrvice shall
bQ compensated at the rats of f100 per.employ~e per 168 hours so
assigned. Minimum ma~ninq and skill qualific~tions for standby
assignment shall be dQt~rmined by the City. Assignment of such
standby duty shall be rotated on an equal basis among all
qualified employees ?vho reside in an area that provides an
acceptable response time as determined by the City. •
9.4 Call a~{~Pav
If an employee is called or required to report for
assipnQd emergency or other duties durinq thQ period of the close
of the reqular workday and th~ start of the next followinq
workday, compensation shall be paid at one and one-half (1 1/2)
times the normal rate of the period thQ employee is required to
be available at the ?vork station~ and 4or travel time in
connection therewith to and from thQ employeQ's customary
residence at ona and one-half (1 1/2) times. Under such
circumstances a minimum paym~nt Nill be made equivalent to two
hours at one and one-half (1 1/2) times the normal ~ate of pay.
7
. . ~ ~
9.5 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,
i~dicated on the following schedule:
Comsumer Price Index Veh3cle Cost No of Milas/Month
rivate Tra~sp~cr~~~ion Per Mile Fgr x~0 Reimbursemen~
170.4 iS.7 300
173.6 16.0 300
179.1 16.3 300
184.5 17.0 S00
190.0 17.5 300
195.3 18.0 273
200.7 16.3 250
206.2 19.0 230
211.6 19.3 230
217.1 20.0 230
' 221.3 20.3 ~3
228.0 21.0 22~
' 253.3 21.5 225
'I 238.7 22.0 22S
I 244.2 22.5 200
I 249.6 23.0 200
' 235.1 23.3 200
260.5 24.0 200
' 266.0 24.5 200
271.3 25.0 200
' 276.7 23.3 200
282.2 26.0 193
287.6 2b.5 190
~ 293.1 27.0 190
~ 298.3 27.3 iB0
304.0 29.0 280
309.3 28.3 180
314.7 24.~ 173
320.1 24.3 17S
325.5 • 30.0 175
SECTION 10.0: PUBj.jC E~'IPLQY~S_R "~TI$~~T ~YSTEM_GQNT~IBUTIQN
~ The City aqrees to pay the employQe's contribution rate to
i thQ Public Employe~s Retiremant System not to exc~d 7.O~L of
~ applicable salary.
~
8
, ~ ~
SECTION 11.0: HEA~TH AND_W~LFAR~ BEN~FITS
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 No~thern California. Any such bQnefits proqram
must have the continued approval of the Hoard of Administration,
Public Employees Retirement System. For each participating
employea, the City shall contribute toward the premium due the
lesser of either the actual premium cost or the amaunt of f215.00
per month during the period of July 1, 1984 through June SO,
1993. Required contribution amounts exceeding the premium
contribution of the City are the responsibility of the employea.
Non-U~ion members may be charged an administrative feQ by the
Union for health and welfa~e benefits. The ~ity shall ~ot 6e
rQquired to maintain or contribute any other payment towards
dental or medical insurance during the pQriod the Operating
' Engineer's Health and Welfare Plan is made available.
SECTION 12.0: INSURANC~
The City aqrees to pay the premium for a program of incomt ,
protection insurancQ for eliqible employees for the same level of
coverage now in effect.
The City aqrees to pay the premium for a term lif e insurance
benefit of five tim~s the employe~'s an~ual salary to a maximum
of :230, 000 of banwf i t.
9
, .SECTION 13.0: P~_AH~~NC~S •
13.1 Fixed Holidays
~ The City shall provide the following fixed paid
holidays for eligible employees covered by this aqreement:
1. New Year's Day 8. Day following
2. Washinqton's Birthday Thanksgiving
3. Memorial Day 9. Christmas Eve <1/2
4. Independence Day shift, regular
3. Labor Day workday only)
b. Veteran's Day 10. Christmas Day
7. Thanksgivinq Day 11. New Year's Eve
(1/2 shift,
reqular work-
day only) ,
The City Countil shall have the right to declare any
other day as a holiday.
When a holiday falls on a Sunday, the following Monday
shall be observed as the non-aork day.
Nothing contained herein shall preclude the right of the
department head Nith the approval of the Appointinq Authority to
reschQdule work asgignments or hours of work to meet emerqency
situations and other administrative necessities caused by the
observance of a holiday or non-work day or period; provided,
however, that all such affacted employeea are duly compensated
for said rescheduled work asgignments.
13.1.1 I~oliday Pay
In order for an employee to receive his regular pay
fo~ a haliday or designated non-*?ork day, wo~k must be performed
on the regular scheduled day bQfore and th~ reqular schadulsd day
aftQr tho holiday or d~signated non-work day. Employees on
vacation, injury leave, approved short term leave of absence,
with or without pay~ or who submit sati~factory evidence o4
personal illness shall be consider~d as working their reqular
schedul~ for pay purposes.
10
13.2 Floa i•Hol i a s ~
-~--g----~-Y-
In addition to the foregoing paid holidays,
eligibla employees shall be allowed to schedule two workdays as
additional holidays. These two floating holidays shall be taken
at dates of tha employea's selectio~ provided: 1) that prior
supervisory approval be obtained, and 2> be taken before the end
of the 2nd pay period in December of each calendar yoar.
Far new employees, floating holidays will be pro-
rated in the followinq manner:
1. Ea~ployees hired after January 1 but before
March 31 shall bQ entitled to two floatinq
holidays in that calendar year.
2. Employsas hi~ed af ter April 1 but before SQp-
temh~r 30 will be entitled to one floating
holiday that calendar year.
3. Ea~ployees hired after October 1 but bofore
D~cember 31 will not be entitled to floatinq
holidays in that calendar y~ar.
13.3 QgQd ~ridav Ngn-Work Period
ThQ last two hours of the workday on Good Friday .
shall bQ observed as a non-work period. City has a riqht to vary
thQ wa^k scfiedule to allow employees to leave work early.
13.4 t~a~atlons
All employeQS, other than those holding tQmporary
status, whosQ work assiqnm~nt is of a recurring nature of not
less than a normal workw~ek shall accrue vacation credits during
the calQndar year. After twolve months of continuous employment.
accruQd vacation may be taken. A~ employee may accrue no morQ
vacation credit than twice th~ annual rate being QarnQd.
!1
_ . ~ . ~ ~
Upon termination of employment, unused vacation may
not be used to extend final employment date beyond the annual
rate of vacation heinq earned.
Commencing with the effective date of this
agreement, represented employeea may convert, on a ance per
calendar year basis, unused vacation timo for payment subject to
thQ following conditions:
1. The employee must have earned vacation of a
minimum of 13 days.
2. Any paymentg made for unuswd vacation will be
subject to all approp~iate t~es and
deductions as datermined by the Finance Depart-
mitnt. ~
3. Minimun,exchangQ ?+ill be 1 day, maximum ex-
chanqe Nill be 5 days. All changes are
irrevocable.
13.4.1 Yasation Accrua~l Rate
Durinq the first three years of employmant, an
employee shall ear~ vacation credit o~ the basis of 5/b workday
or tho houriy Qquivalent for each complete month of continuinq
service.
Durinq the fourth calendar year of employment, an
employee shall earn vacation credit o~ thQ ba~is of onQ and
one-fourth (1 1/4) uorkdays o~ thQ hourly equivalent for vach
complete mo~th of continuing service.
During thQ fifteenth calendar yaar of employment
and thereafter, an employ~e zhall Qarn vacation credits at the
rate of one and two-thirds (1 2/3) workday or tha hourly
equivalent for ~ach month of completed continuous servics.
12
On •e recommendation of the •loyee's department
. head and with the written approval of the Appointing Authority,
an employee may carry ove~ to the next year any portion of
vacation credit but shall be limited to not more than that Nhich
was earned during the previous year.
13.4.2 Full vacation 1Qave shall be taken at ane time by any
one employee whenever possible. The time durinq the calendar
year at which an employee shall take his vacation shall 6e
determined with due rsgard for the.Nishes of the employee and
particular r~qard for thQ naeds of the service. Vacation leave
of less than the full amount earned may be taken with the
approval of the department head.
13.4.3 0~ termination of employmQnt or on receiving a leave
of absence of mor~ than three <S) months, an employee who has
complated twQlva (12> manths of continuous serv3ce with the City
shall be Qntitled to recsive compensation for all earned but
unusad vacation accrued at the time of tQrmination or at the
start of said leave of absencQ.
13.4.4 The accrual of vacatio~ credits fa^ thoso eaployeQs
whose normal warkv+~ek is of not IQ:s than one-half (1/2) time
shall b~ prorated accordinq to the time of the r~rcurri~q work
asaignment as to thQ normal workweek.
13.3 Sick LQave
All wnploye~s, other than thoso holdinq temporary
status, shall earn •iqht (8) hours p~r aionth sick l~ave tiaw
without limit on accumulation. Employees absQnt without pay for
any raason for mare than forty (40) hours durinq a calendar month
shall not ea~n sick 1tavQ bQnefits for that month.
~ 13
• Wi~proper notice and approva~f the supervisor,
~ick leave sh,all be taken in periods of no less than o~e-half
ti/2) hour increments.
To discouraqQ abusive absenteeism, an employee who
accumulates six incidents resulting in sick leave usaqe within
any twelvQ (12) month period shall be placed on sick 1Qave
restriction. An incident is definQd as absence for any reason of
~are than two hours. Up to four prescheduled and ver~ifiable
mQdical/dental appointmQnts in a twelvo f12) month period will b~
excluded as incidents. The departmQnt will formally notify the
affected employes after the sixth incident, but prior to any
~ 5Ub8@GLLQ~It illness, that additional pQriod of absenteeism must be
substantiated in w~iting upon return to work for the next six (6)
mo~th~. Unacceptabla substantiatio~ of abs~nteeism will reault
in sick 1Qave not being granted and possible disciplinary action
being taken. In those cases wher• an employeQ has
substantiatedthe absente~ism, the City may require, at City
expense, a mQdical examination to determine whether or not thQ
employe~ is fit for duty. If thQ examination find• the employes
unablQ to function in thv assigned ciassification, the City may
tak• action to retir~ or terminate the employee. If the employeo
is found fit for duty and abuaing th~ us~ of ~ick leav~,
app~opriate disciplinary action will bQ taken.
13.6 Pe on~~eave
The City shall allow taenty-f our t24) hours pfr
yQar of accumulated aick leave to be used for conductinq personal
buiin~ss Nhich cannot be conducted outside rQqular working hours
o~ for f amily medical emergencies.
The employee must r~quest leave~ if non-emergency,
at least forty-eiqht t48) hours (two aorkinq daya) prior to the
14
, time of utilizati~ on the form prasently pr~ded. In cases of
emergency, the forty-eight (48) haur notification procedure may
~ be waived by'the immediate supervisor, provided the form is
~ completed and the reason for the request is stated upon return.
13.7 Hereave~ent Leav_~
Employees shall bQ granted paid bereavement leave
not to exceed thrae (S) warkdays upon the occasion of death of a
c1osQ relative. Close relatives are defined as mothQr, fathar,
~ister, brother, wife, husband, child, qra~dparent,
grandchildren, mother-in-laN and father-in-law.
13.8 Militarv Leave
Military leave shall be granted in accordance with
the provisio~ of statQ law.
A1l waployeQS ~ntitl~d to military leave shall give
their supervisor an opportunity, within the limits of military
requirements, te detQrmine when such leave shall be taken.
13.9 Matgrnitv Leave
Employ~s ahall bQ granted maternity lenve without
pay if th~y havQ baen employad by the City for at l~ast twelve
(12) continuous months. Like other non-industrial disabilities,
employees may use sick leave and vacation leavQ to supplement
lost wages. The City will pay health and wtlfare benefits and
disability insurance at the same rata as prior to th~ 1Qave
until the employee is releasQd by her physicia~ to return to work
or for sixty (60> day~, whichever is first.
13.10 AbsQnce Notificati~~
An employee is exp~ct~d not to absent himself from
Nork for any rea~an other tha~ pQrsonal i1lnQSS without makinq
prior arrangements with his supervisor. Unless prior
is
~ ~
arrangements are made, an employee who, for any reason, fails to
. report 4or work must make a sincere effort to immediately notify
his supervisor o4 his reason f or being absent. If the absence,
whether for personal illness or otherwise, is to continue bQyand
the first day, the employee must notify the supervisor on a daily
basis unless otherwisa arranged with his supervisor. In proper
cases, exceptions will be made.
Any unauthorized abs~nce of an employee from duty
shall be deemed to be an absQnce without pay and aill be grounds
for disciplinary action by the department head. 'In the absence
of such disciplinary action, any employee who absents '
himself/hersQlf for three (3) days or more without authorized
leave shall be deemed to have resigned. Such absenc@ may be
covered, however, by the departnQnt head by a following qrant of
leava with or without pay when extenuating circumstances are
found to have existQd.
SECTION 14.0: SICK LEAVE ACCUMULATION CONVERSION
Tha City aqrees to pay employ~s coverad by th3~ aqrtemfnt
for unusad balances of sick leave upon retirement or termination
for oth~r than just causQ accordinq to the followinq schedules:
14.1 Upon retirQment, which shall require the formal filinq
of the appropriate forms with th• Public Employees R~tiranent
Sy~tem, a cash payment equivalQnt to seventy-five parcQnt (75X)
ot thQ dallar valuQ of the unused sick leavQ balanc• exceeding
320 hours will bo mad~. Dollar value for such payment shall b•
calculated at a waqQ rate which is the averaqe of the precedinp
five (5) y~ars for th• employee.
14.2 Upo~ termination for othQr than discharqe with just
cause, a cash payment equivalent to fifty percent (SOX) of tha
16
~dollar value of t~ unused sick leave balanc~xceeding 320 hours
will be made. 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.
I 14.3 Commencing with the effective date of this agreement,
i represented employeas will have the option, subject to approval, ~
~ of converting sick leave to vacation Leave on a two-to-one
i
basis. The maximum allowable exchange will be 96 hours of sick
timQ for 48 hours of vacation leavQ per calendar year. Minimum
~ exchange will be 8 hours sick leavQ for 4 hours of vacation.
I. As a condition of convertinq sick leave to vacation, all
employQes Hill be required to use at least one-half (1/2) ot
' vacation accrued durinq the previous twelve (12) mo~ths.
Such conversion, either to exchanqe sick leave for
vacation or vice versa shall b• subject to the following
conditions:
1. All requests to exchanqe sick leave for vacation
tim~ shall ba submitted in writinq to the Depart-
m~nt H~ad at 1Qast 60 calenda~ daya in advance of
intended vacation utilization.
2. The qranti~q of such axchange and subs~quent use
will be at the discration of thQ Department Head.
3. If taelve (12) months have elapsed since approval
of the exchanq~ of sick leave for vacation, and the
ewployee haa not been parmitted the use of the
convsrted vacatio~ time~ (after ~uboittinq at least
one w?~itten r~quest for utilization> thQ employee
Nill have the riqht to re-convert the vacatio~ time
to sick 1Qave in reverse ratio to the original
17
~ exc• ge. 7his exchange will ~allowed on~ for
~ ~ previously converted sick time to vacation and will
not he permitted for regula~ly ac~rued vacatio~
timQ.
4. It an employea, after co~verting sick leave to
vacation time, exhausts all of his/her remaining
sick leave due to injury or illness, he/she may
make a written request to tho Department HQad to
re-convert vacation timQ to sick leave on a rQVerse
ratio basis. Approval Nill be subj~ct to an
assQSSment by the Department Head as to tna
validity of the illness/injury and whether or not a
written physician's statemont atteating to the
illnass/injury is required will bQ at the sol~
optio~ of the Department Head.
3. If the employtQ's vacation accrual lxceeds the
maximu~ allowable ac~rual, he/shQ will have the
option to rv-convert vacation tirw back to sick
• leave on a reversa ratio basis. Such re-convQrsion
shall be limited to previously converted sick
l~ave/vacation a~d may not excsed the amount
ntcessary to reduce the accruQd vacation to the
maximum alloNable. RQqularly accruQd vacation ti~Q
Nill not bv eligible for this re-co~version to sick
leava and any reqularly accrufd vacation timQ
accrued in excQSS of thQ maxi~num a1loMable will be
disallowed and not subj~ct to utilization by thQ
employQe.
18
NOTE: As ~d in this document, "rev~e ratio" is
intended to mean that the ratio of sick leave to
, vacation will revert to the original ratio at the
time the initial exchange was implemented.
SECTION 13.0: SAF Y_~QUIPM~NT
The City shall establish a procedure by which emplayees may
acquire clothing and safety equipment as outlined below in an
amount not to exceed s173.00 per fiscal year pe~ employee.
Applicable clothing and safety equipment:
a. rain gear
b. hard hats
c. vests
d. saf ety shoes
Q. goggles/safety qlassQs
f. qloves
g. work pants
h. ear plugs
i. alternate work shirts
The City shall retain the right to astablish minimum safety
and quality standards for the clothing and safety equipment to be
used while performing assigned taaks. Durinq the probationary
pQriod, the City will provide safety equipment and clothing as
needed. At the end of the probationary period, thw City will
provide up to sS0 for the purchasQ of safety shos~.
For employees complQting the probationary period, the l173.00
clothing and equipment allowancQ will be prorated until July 1 of
the next fiscal year.
A ne~v employae, who for whatev~ rQason, terminates his/her
employment with the City bQfore the b~qinninq of the next fiscal
' year~ shall turn in the clothinp and equipment for which the City
19
~ ~
has paid or pay to the City the prorated value of said clothing
and equipment.
The City will provide and launder shirts to be worn while
carrying out the dutiQS of thQ City.
It will be the responsibility of the employee to have the
required clothing and/or safety equipmQnt nQedQd 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 is at the work site with the required clothing and/or
safety equipment.
15.1 RgSDOnsibilitv fq~ ~ost Tgol~
Tha City shall provid~ all tools and oquipment which are
rQquired as nQCessary to perform any assignQd task in a safe
manner. Toois and equipm~nt so provided shall be considered in
the safekeeping of the employee to Mhom they are issued and aho
shall assumQ personal responsibility for their custody until such
timQ as they are returned. Tools and equipment not returned at
the designated time by an employee to wham th~y arQ isaued may be
charqed to such employea who will be required to reimburse thQ
City for like replacQment; provided, ho~vever~ that such
requirement for reimbursea~ent shall not apply when reaso~able
dou6t can be demonstrated that missinq tools or equipmQnt w~re
stol~n by other persons and not as the rasult of havinq bQen
misplaced. Noth3ng herein shall be constru~d as being applicable
to damaqe or breakag• of such toals and equipment caused by
normal and prudent use in the performance of asziqned tasks tor
which th~y were intended.
20
. ~ ~
~ SECTION 16.0: TRAINING ANQ TUITIQN RE_,_,7~~R~EMENT
It is the intent of the City to recognize th• value of
training to its employees; and to adopt a training policy which
will encouraqe employees to avail themselves of job related
educational opportunities that will advance their knowledga and
interests in the direction of their career with the City; and by
doing so to improve the Municipal Service. Employees who wish to
seek reimbursement from tha City for training program costs shall
provide a w~itten request for reimbursement to their immediate
supervisor. The form provided shall include thQ typQ of program,
sponaoring organization o~ institution, mQOting times and costs
for such program.
A copy of the rvcommendation shall also be providQd to the
employee. Tha employee wiil initial ~upQrvisor's commants and
the superintendent's recommendation prior to going to thQ
Department Haad for approval or denial.
Onc~ a training program has be~n app~oved, any employQQ
covQred by this Agreement would be eliqible for rQimbursemQnt
unlesa funds budqRtQd for thls activity have been axhau~ted.
However, no employee ahall ~eceive any reimbursemQnt until th~y
have provided satisfactory proof of succ~ssful compl~tio~ of th~
proqram.
21
. 5ECTION 17.0: T~~'~P~~ARY DI~AHILITY HEN~FITS•
~ Any employee sustaining an injury a~ising out of, or in the
course of, the performance of his job and who cannot work at thQ
duties and responsibilities normally assigned ta that job is
entitled to receive temporary disability payments aa prescribed
by state law.
17. 1 l,~g~gf Si c c~~g~v~ to Su~ol em_Zf1t~ Temaorarv Di sat1;1 i ty
Pavments
Any employee entitlad to receive temporary disability
payments may elect to supplement ~uch payments with an amount not
to Qxceed that Mhich is the employee's weekly earnings or weskly
earninq capacity by use of sick leave payments ta the extent that
such sick leave has been accrued to the employee's account.
SECTION 18.0: DI~.E PROCESS
In each and ~very instance involvinq th• issue of warning
notices, suspQnsions or th~ dismissal or dischargQ of an
employee~ such will not be rffectuated without the employQe first
havinq bQen qiven in writinq baa3s for such action being taken
and ths opportunity to questia~ thw reasons therefore of his
zupervisor or department hoad. Said opportunity shall be as soo~
as it is practicable after haviny bven servsd the writtQn noticQ
and 5ha11 not co~stitutQ any limitation othQrwise available
throuqh the grievance or app~al procedures. Any written warning
in an employee's file Nill be removed from th• fi1Q atter thres
ysa~s.
18.1 The Union and the City aqreQ that usQ of alcoholic
beverapes and/or controlled substancQS during workinp hour~ ar•
qrounds for disciplinary action. Furthermore, tha Union and th~
City aqrQO that repeated uaQ of alcoholic beveragas and/or
controlled substa~ces will be qrounds for termination.
22
. SECTION 19.0: LFiFFS •
Layof4s of employees may be made by the Appointing Authority
~ for lack of funds, lack of Hork or for other similar and just
cause. The a^der of layoff shall be that which, in the opinion
of the Appointing Authority, will cause the lease disruption of
service to thQ City; provided, however, that within any given
position classification employaes whose salaries o~ waqes a~e
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 sour~e~ other than Federal
employment grants. •
The namQS of employeQS affected by layoff shall bQ placed on
a recall list for a period of two years in the reva~s~ ord~r of
layoff and shall have thQ first opportunity for ~einstatement.
Failure to respond within ten days to a writtQn notice of such
opportunity shall cause that name to be rwnov~d from thQ recall
list.
SECTION 20.0: RjEIN3TATF~I~NT
With th~ approval of the Appointing Authority, a permanent or
probationary employee who has rQaigned Nith a good record may be
rQinstated within twenty-four months of thQ rffective datQ of
resignation to a vacant position in the samf or comparablQ
clasaificatio~ they previously oc~upied. Upon reinstatement, tha
employee, for all purposts, shall bo co~sidered as though they
had receivQd an oriqinal appointment.
3ECTION 21.0: ~ERFORMPNCfi EV~~Q~P~CE~
The City aqrees to participata i~ a labor management
co~nmitteQ mada up of thrQw labo~ r~pre:entatives and three
manaqemQnt rQpresentatives with the express purpose of proposing
performance evaluation process to be inco~porated as a dapartment
policy.
23
• SECTION 22.0: C~ •VANjC,~ PROC~DUR~ •
_ Dgf~n3,tj~,on and P~~gdure A griQVance is a disputQ or
differQnce of opinion raised by an employee covered by this
, AqreQa~nt against the City involving the meaning, interp~etation
or application of the express p~ovisions of this Agreement (or
' existinq work rules). A grievance shall be processwd in the
followinq manner:
I S~eo i: Any employse who has a grievance shall submit it
designated as a grievance to the employee's immediate supervisor,
who is desiqnated for this purposa by the City. ThQ supQrvisor
shall give the employee an oral answer within five (3) calendar
days af ter such presentation.
~eg~2: If the grievancs is not settled in Step 1 and the
employee wishes to advance the qrieva~ce to Step 2 of the
qrievancQ procedure, it shall be referred in writing to the
employee's next hiqhest supervisor within fiva (5) calendar days
after the supQrvisor's oral ansf+Qr, or answer duQ in Step 1, and
shall be signed by both the aggrieved employ~e and tha Union
Steward or Union Businass Aqent. The written qriavanc~ shall
contain a complete statement of tha facts, the provision or
provi~ions of this Aqreament or work rules which the City is
alleqed to have violated and the rQlief rQquQSted. ThQ
supervisor or other person desiqnated for this purpos~ ahall
discuss the grievance Nithi~ five (3) cal~ndar days with the
employee and the Union St~ward at a time mutuelly agre~able to
thQ parties. If no settlement is roachQd, thv supervisor o~
other person designated for this purpose shall provid~ thQ
employsQ a written ancwer Nithin five t3) calendar days following
~ their meetinq.
24
I
I ~ ' St~~3: If t~qrievance is not settled ~ Step 2 and the
• eniployeo wishes ta appeal the grievance to Step 3 of thQ
grievance pcocedure, it shall be referred in writinq to the
" employee's Depa~tment Head within five (3) cale~dar days after
~ the aupervisor's answer in Step 2 and shall be siqned by both the
I aggrieved employee and the Union Steward or Union Husiness
Agent. The Department Head shall discuss the gri~vancQ within
i
five (5) calendar days with the employse and the Union Steward at
a timQ mutually aqreQable to the parties. If no sQttlemQnt is
I
reached, the Department Head shall give the City's written answQr
to the employeQ within five (3) calQndar days following their
meetinq.
~~eo 4: If th~ griQVance i~ not sQttlQd in Step 3 and the
i
, waployee wishQS to appeal thQ gri~vance to 3tep 4 of the
i
qri~vance prxQdurQ, the Unio~ may rQfer the qriovancQ to
advisory mediation as described belov+ within fourteen t14)
, calendar days aft~r the decisio~ is provided at the third stQp.
(1) The parties shall attQmpt to aqr~e upon an adviso~y
arbitrator within•seven (7) calendar days after rviceipt of the
noticQ of referral. In tha ovQnt that parties aro unable to
aqree upon an adv3sory arbitrator ?vithin said sQVen (7) day
period~ the partieg ahall immediately jointly request the State
Mediatio~ and Conciliation Service to submit a panel of five t5)
adviso~y arbitratora. Each party r~tains the riqht to reject one
panel in its entirety and request that a nQw panel b• aubmitted.
Both the Union and the City shall have the right to strik~ two
(2) namas from the pan~l. ThQ person remaininp shall be the
adviso~y arbitrator.
23
' (2) The advi~ry arbitrator shall be no~ied 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
representatives.
(3) The City or the Union shall havQ the right to request
the arbitrator to require thQ presence of witnessea or
documents. The City and th~ U~ion retain tha right to employ
leqal counsel.
t4) The advisory arbitrator shall aubmit his/her
recomm~ndation in Nriting within thirty (30) days following tha
closa of the hea~ing or the submission of brief s by the parties,
whichever is later.
(S) More than o~e grievanca may be submitted to the same
advisory a~bitrator if both parties mutually agrev in writinq.
(6) The fe~s and expenses of the advisory arbit~ator and the
cost of a written transcript shall be divided ~qually b~tN~en the
City and thQ Union: provided, hOMlVK~ that wach party shall be
responsible for compensating itg oMn representatives and
witnQS~es.
~imitat~gp~grLAythgritv of Advi~orv Ar~i~ra r. The
advisory arbitrator shall have no righ! to am~nd. awdify,
nullify, ignore, add to, or ~ubtract from th• provisio~s of thist
AgreemQnt. Tha advisory arbitrator shall co~sider and dacide
only the quQStion of fact as to whQther therQ has been a
violation, misinterpretation. or misapplication of thQ spQCific
provisions of thia Aqraement. ThQ advisory a~bitrator shall bQ
empowQred to dQtermine the issue raised by the griQVance as
submitted in r~itinq at the Svco~d Step. The advisory arbitrator
shall have no authority to make a recommendation an any issue not
26
~so submitted or r~ed. The advisory arbitr~r shall be without
. power to make recommendations contrary to or inconsistent with,
in any way, applicable laws or rule~ and regulations of
administrative bodies that have the force and effect of law. The
adviso~y arbitrator shall not in a~y Nay limit or interf era with
the por+ers, duties and reaponsibilities of the City under law and
• applicable court decision~. ThQ recommendation shall b~ advisory
only.
SECTION 23.0: IMPASSE PROC~DIIR~
The following procedures, extracted from the Municipal Code,
shall apply in the event the parties are unable to resolve an
impasse satisf actorily:
2.52.410 Impasses
A. ImpassQ procadures may be invokQd only after tha
possibility of settlemQnt by dirQCt discussion has been
exhausted. The impassQ procedures are as folloNS:
1. Mediation tor conciliation). (Defined in Stction
2.52.290) All mQCiiation proceedinqs shall be private. The
mediator shall make ~o public recomn~ndatio~ nor tak~ any public
positio~ concerning tha is:us.
2. A determination by the City Council after a hearinq
on the merits of this dispute.
3. Any other dispute resolvi~q procedures to which th~
partiQS mutually agr~ or which the City Council may ordQr.
A~y party may initiate thQ impasae procedur~ by filing
with thQ othar party (or parties) affacted a written requ~st for
an impass~ meetinq toqether aith a statement of 1ts position o~
all disputed issuos. An impassa me~tinq shall then bQ schQduled
by the municipal employQQ rvlations officer forthwith after the
27
~ ~ ~
~
date of filing of the written request for such meeting, with
. written notice to all parties affected. The purpose of such
• impassQ meQting is twof old:
a. To permit a reviwv of the position of all parties in
a final effort to reach agreement on the diaputed issues, and
II b. If aqreement is not concluded, to mutually sQlect
~
the specific impasse procedure to which the disputQ shall be
submitted; in the absence of aqreement betwaen the partfes on
! this point, the matter shall be referred to the City Council.
H. The fees and expens~, if any, of inediators ar of any
other impas~e procedure, shall be payable one-half by the City
and one-half by the employae organization o~ employQe
organizations. (Ord. XII Ch. b, Art. 2 Section 12:624, 1970)
SECTION 24.0: N~STRIKE
During thQ lif• of this agreem~nt neithQr the U~ion nor any
officers, agents or employees shall in~tiqate, promote~ sponsor,
engage in or condonQ any strik• (including sympathy strike), slow
down, concQrt¢~d stoppage of Nork or a~y other intQntional
disruption of the operationa of the Ci'ty.
SECTION 23.0: NO LOCKOUT~
Durinq thQ lifQ of this aqreemQnt, the City will not
instiqate a lockout ovQr a diaputQ with the Union so long as
thQre 1s no breach of SQCtion 22 of this aqreemQnt.
SECTION 26.0: CONTINI~.ATION OF BENEFITS
All terms and conditions of weployment not otherwis~
contained herQin shall be maintained at the standards in Off~ct
at th~ time of fxecution. ~
28
. ~ ~ ~
. SECTION 27.0: SEQARAHILITY
In the event any provision of this agreement is finally held
' to be illeqal by a court of competQnt jurisdiction or void as
bQing in co~travention of any law, rule or requlation of any
government agency having jurisdiction over the subject set forth.
then the remainder of the agr~ment shall continue in full force
and affect unless the parts so found to be void are held
inseparable from the remaininq portion of the agreement.
SECTION 28.0: RATIFICATION
Nothing contained in this msmorandum shall be binding upon
either thQ City or the Union following siqning of this me~randum
by the parties ~ntil it has betn ratifiQd by the Union'a
membQrship and presQntQd and approved by thQ City Council of thQ
City.
SECTION 29.0: ~
This aqrQemQnt shall have eff~ctivity coma~encinq at 12:01
a.m.. June 30, 1984 and wnding at 11:59 p.m., Jun• 30, 1985.
CITY OF CUPERTINO OP£RATINCi ENOINEER9 LOCAL
UNI ~NO. 3
F ( ~ ~
~
Attur
.
?yor, o Gupe
~ , ~ , ,~;,f,
~L-,`-.~ t ~
City Clerk
29
.
~ ~ ~
ATTACHMENT A
WAGE RATE SCHEOULE
Public Works Unit
EFFECTIVE JUNE 27, ~984
PAY
CLASSIFICATIONS: GRADE STEP A STEP B STEP L STEP E-MAXIMUM
;ater Utility Worker I
Maintenance Worker I
Hourly 701 $ 9.13~ S 9.587 S 10.066 $ 11.097
Monthly 1,582.53 1,661.75 1,744.77 1,923.48
tiaintenance Worker II
Hourly 702 S 9•587 S 10.066 $ 10.569 S 11.652
Monthly 1,661.75 1,744.77 1,831.96 2,019.68
'saintenance Worker III
Hourly 704 $ 10.569 S 11.09~ 5 11.652 S 12.847
Monthly 1,831.96 1.923.48 2,019.b$ 2.226.81
+ater Utility Worker II .
Hourly 703 S 10.271 5 10.785 S 11.324 5 12.485
nonthly 1,~80.31 1,869.40 1,962.R3 2,164.07
:quipment Mechanic
Hourly 706 $ 11.324 $ 11.890 $ 12.485 5 13.764
nonthiy t,962.83 2,060.93 2,t64.07 2,385.76