CC Resolution No. 6631 . . ~ ~
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i ~ I<ESOLUTIUN fJO. _bb_1 _
A FL-=SOI_UilUN f~i= THic CITY COUNL,IL OF TNE CITY UF ~~UF'EnTINO
Hi)OFTING A MEMGRANLUh1 OF UNUEFSTANUING E~ETWEEN THE CITY
GF CUfEFTINU AND TNfc CUFEFTINO EhIPLOYL'ES F+S50CIATION
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WHEhEAS, several discussio~s have been held over proposals
corcernin~3 wages,, hour-z and other~ conditions and terms of
en~~~loyment betwee~n representataives of the Gity and of the
~upertino 'L-'mployees Association recognized majority
~ representative of the Miscellaneous Unit; ~nd
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WHEFiLAS, thr: igreement mutually ~btainEd through thest
, discu~saions has b~en recorded in the Memorandum of Understanding
signed by ba'th parties, which memarandum has been submitteU lo
the City Council for approval9
' NGW, THEREFOFE, BE IT FESOLVED that the City Louncil o{ the
G.t:y of Cupertino does f~ereby adopt th~ attached Memorandum of
Underst~nding between the City of Cupertino and the Cupertino
Employers Association.
PFSSED A~ID ADOF'TED at a regular meeting of the City Council
uf the~ City of Cupertinu this_ 1~~_day of __,Ju~y_______, 1985 by
the following:
'_ote Men~bei_s_o+__the_City_Council
AYES: Gatto, Plungy, Rogers, Sparks, Johnson
NO`L-'S: None
AI3SENT: None
~;E+S1'AiN: None
AF'F'kOVED:
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, :iLy of Cupertino
ATTEST':
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G _ _ 1 ~~-4 z,~~~c.~.--~_
ci i:y c1 ~r-t,
~ER'CI~vO L"iFL0YEE5 ASSOCLA'f ION •
I N D E X
Cate~ory Section SuUject page
ti0 DISCRIPtINATION 1 No M scrimination 1
SALiRY SCHEDULE 2 Salary Schedule 1
OUT-OF-CLASS WAGE PAY 3 Out-oE-Class Wage Pay 2
HOITRS OF WORK: OVERTIME 4 Hours of Work Defined 2
Schedules 2
Rest Periods 2
Overtime 3
Payment oE Overtime 3
, Ad~usted Work Week 3
I Compensatory Time Off 4
' P.E.R.S. CONTRIBUTION S P.E.R.S. CONTRIBUTION 4
INSURANCE COVERAGE 6 Health - Medical Insurance 4
Dental Insurance 5
Life Insurance 5
' Long Term Disability Insurance 5
HOLIDAYS 7 Fixed Holidays 5
Flo:ating Elolidays 6
Good Friday Non-Work Period 6
Holiday Pay 7
~ TE2IPORARY DISABILITY SENEFITS 8 Temporary Disability Benefits 7
I USE OF SICK LEAVE TO SUPPLEMENT Use oE Sick Leave to Supplement
TE~`iPORARY DISABILITY PAYMENTS 8.1 Temporary Disability Payments 7
VACATION 9 Vacation 8
SICI: LEAVE 10 Sick Leave 9
PERSONAL LEAVE 11 Personal Leave 13
BEREAVEMENT LEAVE 12 Bereavement Leave 13
'lILITARY LEAVE 13 Military Leave 13
MATERNITY LEAVE 14 Ptaternity Leave 14
' ABSENCE NOTIFICATION 15 Absence Notification 14
, TRAININC AND TUITION Training and Tuition
' REL~iBURSEMENT 16.0 Reimbursement 15
CITY SPONSORED RECREATION City Sponsored Recreation
; PROGRA,MS 17 Programs 15
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Cate~;oPy Section Sub'ect Pa~e ~
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, DL'ti YROCGSS 18 Due Process 15
LAYOFFS 19 Layoffs 16
REINSTATEMENT 20 Reinstatement 16
DEPARTTfENT OF LABOR RECULATION 21 Department of Labor Regulation 17
CONTINUATION OF BENEFITS 22 Continuation of Benefi[s 17
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I SEPARAIIILITY 23 Separability lg
RATIFICATION 24 Ratification lg
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~ TEkM 25 Term 18
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, MEhtORA1VDUI~I 01= UIVDEF.THIJU I IVG
&ETWEFPJ
' CITY OF CUF'ERTINO
' aND
! CUF•EftT I NO EI`iF~OYEES ASSOC I AT I ON
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This ac~reement, entered into the _ist_ day of _July__, 1985
between the City of Cupertino, hereinafter referred to as "City",
and represent~tives of the Cupertino Emplnyees Association,
I h~r~inafter referred to ~s "Association", sets fnrth tha
„greement resulting from sev~ral discussions held bPtween th~se
twu partias concerning the wages, hours, tar-ms, and conditio~s o+
, employment for the empluyees uf the Miscellaneaus Employers Unit
, ot the City, fur which th~ Association is the recngni~ed sole and
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I e;:ci~_~sive rtpresentative. Thi, agreement rcpr~sents the full and
:ntegr~at~_d agreement r~actied betwe~n the parties.
=~CTION 1: IVO U[SCFIMINATIQN
' Citv ancl Asaociation aqree they shall not discrtmin~te in any
' way on ;ccounk of rac~, creed, r~liyion, se;;, :,ge, national
origin, political affiliation, se;:~.~al preference, ar f~r
' Hssuci~tion activitv.
~ECTION SALAFY_aCHEDULF
The City aqrees tp increase rates of pay fur oach
=1.assiFic~ation cr~vered by this agreement by S% in the ranyes
' and >1_eps of the appropriate Schedule of Pay Grades effHCtiv~
' Jun~ ^b, 198~.
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~ECTIOP,i OUT_C~F_i..L_~SS_W~~~E_FA'r
Temporary assignment, approved in ad~~ance by the Department
He~d, to y ~lassific~tion in a higher pay grade shall be
, r_nmpen~ated at the S'tep 1 rate uf the higher classification, or
' at 3 rate five percent greater than that of the regular position,
whichcver- is greater, for the number of hours so assigned.
! SECTION 4: HOURS_OF_W~Rf_:__OVEFTIME
' Hoi_~r s_of _Wor F::_Def i ned
' Hours worF:ed shall include ail time not under the control ot
' the amplayee whether such hours are worked in the City's wor4;
' ~lace, ur in some other place where the employee is carrying out
the duties o+ the City.
The normal worF:: week shall be ~1G hour~ in seven d~ys.
Sch~dules
It will be a management responsibility to schedule the hours
of wor~: for Pach emplovee covered by thxs agreement. F::cept in
~.inforseen circumstances, changes in employee's hours of wor4c will
b~ mad~ ~ftNr ten days prior notice.
F,eSt_Feri ods
Each employee sh~li be granted ~ rest period of fifteen
min~.ites during each work period of more than three hours
duration. No wage d~duction shall be made nor time off charged
,~yainst employees kak.ing authori~ed rest periods, nar shall any
riqhts oi~ overtime b~ accrued for rest periocis not tal::en.
Overtimc • •
~ Overti rne sh ;1 1 Ge def i ned as any wor F:: i n =x cFss i~f regul ar
wo~~4:: hours defir~d above. Nolidays and ~ild time off shall count
~oward tl~e accum~.ilation of the work wee~;.
Overtime wc~r4:: For the City by an employee sh~ll be authori~ed
in advance by t-~~ Depar-tment Head or their desiqnee. In the event
of unfor~cen ci -~._ims±anc~s, r~vertime sha11 be approved after the
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~ wor E:: i s cumpl et ~l .
i F'ayment_of_C~Ertime
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All approved ov~rtime work: performed by amployees shall be
pa:id at the i~at:e of one and one-half (1 1/~) times the normal
r-ate of pay, Wori: performed on reqularly scheduled daYs off,
' City Holidays or• during an ~mployee's schc~dul~d vacation shall be
considerc>d to be overtime and p.aid ~ccor-dingly.
r~d1usted_Woi_1~_WeeE::
Emplnyees may ~lect, with their supervisors' approvnl, to
wori< ~n adjusted wor~:. weeF: within a forty (~i~) hour, ~even
~jav worE:. period. ~ny hours work:ed in e::cess or' eight hours in
or7e day rnay be taEen ~ff at straight tim~ within the .ame worb..
wee1: in liPU of ca~h payment. Cash payment would be at one and
cne-half (.l i:<) time for each hour worl::ed in e;:cess of forty
hours in the perind.
If an employ=~ ts unable to ad~ust his/her work week to
acr_ornod,~t~ the time off fur any given re~son, they will be
compen:~ated at time and one-half in the pay checF:: covering that
wc~rb: pE?riod.
C~~neensatory_T~ e Off
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PJo further compens~,[ory time off will be earned as of the
~=ffecti !e d~te u4 this Memorai~dum of Understandiny. Employees
who have previously e~rned compenstory time, shall be allowed to
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SC~lPfjlll2 c~mpensatory time off at dates of the employee's
~~election provided: 1) that prior supervisory approval has been
obtained, and ~l it is tal:en prior to the second piy period in
December o+ calendar 1q85 yerr and the request is made in
writing.
If the ernployee has not been permitted the use of the earned
carnpPnsatory time o+f by thre second ~ay period in Decemher, the
employee will have the right to receive payment for the overtime
wer~::ed.
t3F_CTION 5: F'.E.F.S. CONTRIHUTION
The City agrees to pay the employee's contribution rate to
the F•ublic Employees ketirement System not to e::ceed 7.~~% of
applicable salary.
SFCTIi7~J b: IhJSUFANCE_COVEFAGE
NFal kh___I`ledic~l_Insurance - L'ity ayree5 to pay a ma:;imum of
blt3~~.0ii for medical coveraye for emplovae and dependents thro~.~qh
the Meyers-Geddes State Employees Medical and Hospit~l Caro Act.
Instances in which the premium 4or medical and hospital
insurar,ce pl ~n selected by an employee i•~ less than the City'~s
rnn;;irnum ~r~mium r_ontrihution, the Ci ty agrees to contrib~.rtca a
si_im, equal to the difference between the actu~l premium and the
City'~ ma;;imum contribution effective at that time, to a deferred
ccmp~rsation plan in the employee's name. The City retain~ the
r-iqht c~f sElectinn and administrati~~n ov~r the pian or plans
utili~ed to defer compensatiun.
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1Jent~]._insuran• -C1 ty agrees to pay •J. J~.) p~r month for
, employees rnd thcii~ deppndent5.
' Li~e__Insurance - City shall provide life insurance and
~c~id~ntal deai:h and dismemberment coverage for each empioyee in
the amount of five times ~nnual salary to a ma:;imum benefit of
, ~~5q,i~ui~, The City will make ~vailable to employee's...,~t the
employees e;;pense...a supplemental life insurance progr~m.
Long_Term_Di_aUility_Insi_irance - City ~yrees to pay that
premium iow in effect for each employee.
' SFCTION 7; HOLIDAYS
' Fi_ed_Holidays
The Citv shall provide the following fi::ed paid holidays for
eligible F~mployees covered by this agreement:
1. IVEw Year~ Day 8. D~jy followiny Thanksgiving
Washinyton's Pirthday 9. Christmas Eve - half shift
Memorial Day (only on regular work: day)
4. Independence Day tU. Christm~s Day
5. ~abor Day 11. New Years Eve - half shift
6. Veteran's Dav (only un r~c~ular worlc d-~y>
Thank:sgivinq Day 1~. Martin Luther F;ing Day
When a holiday or non -worF: day falls on a Saturday, the preceding
Fridav ~hall be observed as the non-wor4:: day: and when a holiday
falls on a Sunday, tht following Monday shall be obser~ed as the
non-worl: day.
~lothing contained herein shall preclude the right o+ the
Dvpartment H~ad with the ~pproval of the Appointing Authority to
reschedule work: assiqnments or huurs of work: to meet emergency
siti_iations and other administrative necessities caused hy the
observance of a holiday or non-worE~ d~y or period: provided,
however, th~t all such affPCt~d amployees are duly compensated
for said rescheduled worG. assignments.
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[1 ~~at_1. ng_Hol t•s •
Ir~ ~ddition to the f~rzyoing paid holidays, eligible
I F~mp10VP_P5 shall be ~llowed to sctiedule two work: days as
~~Iditional holidays. These two floating holidays shall be tak:en
I at dat~s of the employee's selection, provided: 1) th~t prior
=upervisor approval be obtained, and before the end of the
I ~~~r_ond pay period in December uf ear_h calendar year.
FGr- new empluyees, floatiny holidays will be pro-rated in the
ful.lowing manner:
1. Ernployees hired after January 1 but b~for~ M~rch ~1
shall be entitled to two floating holidays in that
' calendar year.
Employees hired arter April 1 but before September ~ir
will be entitled to one fioating holiday th.at calendar
year.
Employees hired after October 1 but before December 31
will not be entitled to floating holidays in that
calendar year.
Good Friday_Non=Work Period
The per i od of 1: U~~ F'. M. to uU F'. M. on 6ood Fr i day shal 1 be
observed as a non-work: period.
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Hol,_day__F'ay
' In urder- fer an employee tu receive his/har regular pay for a
holiday or designated non-work: day, work must he per+ormed on the
I, r~yular• schedulad day before ~nd the regular scheduled day after
the hulid~y or designated nan-work day. Employees on vacation,
I injury leave, approved short term leave of absence, wi'th or
I~ withuut pay, or who suhmit sat.isfactury ev~dence of per>une~l
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I,~ illness shall be consider~d as wurk:ing their regular schedule for
' paY pur~oses.
I ~ECTION 8: TEPiPOFAFY_DISAPILITY_BENEFIT5
Any employee sustaining an injury arising out of, or in the
' coi.irse of, :he performance of his/her job and who r_annnt worN: ~t
the dutie~: and responsibilities normally assigned to that job is
entitl~d to receive temporary disability payments as prescribed
by State law.
SECTION 3.1: USE_OF_SICF_:_LEAVE_TO_SUF'F'LEMENT_TEMF'OkAF"f
DISAPILITY_F'AYMENTS
Any employee entitled to receive temporary disability
payments m~y elect to suppiement such payments with an amount not
to e>:ceed that which i~ the employee's week:ly earnings or weei;ly
~arning capacity by use qf sick: leave paymenta to ttie e::tent that
si.~ch sir_E: le~ve has baen accrued to the employee's account.
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s~:rTtora ~~~:aC~~,TIDf•I
A11 employees, olher than those holding temporary status,
wh~~se worF: ~>si gnm~nt i s of a r-ecurr i ng nature of not 1 ess than a
r-~ormal wurk: week shall zccrue vac~tion credit. After si;: months
~~4 conti~uous employment accrued vac.ation ~nay be taken.
Uuring the first three years o+ employment, an employee shall
earn vacation credit on the basis of 5/b work day or the hourly
•~y~.u valenL, ror each complete month of continuing service.
Ui_~riny the rourth year of employment an employee shall earn
vac;tion credit on the basis of one and one-fourth (1 1/4) worl:
days ar the hourly equivalent, fur each complete month of
r_ontinuing service.
During the fiftaenth year of employ~nent and thereafter, an
II amployec ahall e~arn vacation credits at the rat~ of one and
two-thirds (1 ) wor1: day5 or the hourly equiv~lent for each
month af connleted continuous >ervice.
an employee may accrue nn more ~acation credit thar~ twice the
i ~nnu~~l rate being earned.
Upon termination of employment, unused vacation may not be
~.ised tu e;;tend final employment date beyond the annu~l rate being
~ earnr=d.
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Fep~~eseni:ed empln•:ee<_; may convert, on a onc~ per calendar
year basis, un~ised vac~~tion time for payment subject to tha
+allowing conditions:
1. The emplo•yee must have an earned vacatlon of a minimum of
15 days,
Any payments made for unused vac~tion will be subject to
all appropriate ta;;es and deductions as determineci by the
, Finance Department.
I 1, Miniumum exchange will be 1 day, ma:,imum z>;change will be
' S d~~ys. Ail changes are irrev~~cable.
SECTION iu: SSCF~: LEAVE
All full time employees, other than those holdi~q tempor~ry
status, shall ?arn eight (i3) hours per month sick: leave time
witho~rt limit on accumulation. Those permanent empluyees worl:ing
1 ess than f~.il l t i me ( at 1 e~st 2U hour s per week: ) shal l earn i n
,.ne month the number o4 hours oi sicE; le~ve they would normally
~•,ork. in o~e day or the equi.•al~nt W1tIlOLlt limit on accumulation.
Employees absent witho~rt pay fior ~ny reason for more than forty
:-lu1 hoi.~rs d~u-ing a calendar month ~hall not earn sick: leave
benef i t:s for that month.
Sir_k: leave may be utilized due to the employee's personal
illn~7ss, in~ury, maternity, or sic4:nP>s or injury in the
' immediate f:amily. Immediat~ family tis definecl as spuusP and
chil~irEn. F_mployees shall, whenever possibl~, ma4:e appointmants
for medical, dentil, and similar purposes on nan-worFc hours. If
this is not pnssibi~, sicF: leave may be used fur th~~e purpoaes.
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, LJitn proper not;ce and apprav~:~l of tl-~e supervisor, sicl:: leave
shall. bN 1_a4en in perinds of no 1~ss than one-nalf hour
i i ni_rements.
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' The City ~shall ~ay ~n employee fur unused balance of sicF:
~ le~ve upon retirement, or termination for other th~n just c~use,
according to the full~~wing schedule:
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1. Upan r-ctir-ement, which shall req~ure the formal filing of
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I thE appropriat~ forms with the Fublic Employee's
'i Fetirement System, a cash payment equivalent to
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~ ~eventy-f i ve percent c75'/.) of the dol l ar val ue of the
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I un~ised sick: leave in a;;cess u4 "~~O hours. Such payment to
I be calculated at a wage rate which is the average uf the
j preceding five (5> yaar5 for the em~loyee.
' Upon terminatian for other than disr_harge with a just
cause, a cash p~ympnt equivalent to 4ifty percent (50%7
r~f the dullar value of the unused sick: laave bclance
rxr_eeding ~~U hoi_u~s. Th~ dollar vaLue for such payment
~ahsll be calculated at a wage rate which is the average
nf the preceding five t5) years far the emplo•iee.
Repres;~nted ~=mployees will have th~e option, subject t~
approval, of convertinq sic6~ leave to vacation teave on 3
t:.~ra-to-one basis. The~ ma;:imum ~llowablr e;:chanye will be ~b
h~~i.u~~~ of sick: time for 4A hu~~rs of vacation leav~? per- calendar
,<~ar, Mi.nimum e;;change will be y hours sic4: leave for 4 hours of
~.~acarion. An employee may r_onvert ~ic4: 1Pave in excess qf ~~0
hours to vac~tion lEave on a one-to-une basis with a ma::imum of
' 4t3 hour> and a minimum o£ 4 hoi.irs.
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As a condition of convartiny sick leave to vacat:ion, all
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t:~nployees will ba rtqui~~ed to use at least an~-half o+ ve~cation
accruad durinc~ the previuus twelv~ munths.
Such c~nversion, either to e;:chanqe sicF: leave for vacation
pr vice versa shall be subject to the following conditions:
1. All requests to e;:change sic4; leave for vacation tzme
shall be submitted in writing to the De~artment Head at
lzast si::ty f6~~) calendar days in advance of intzne~~d
vacation utili~~tion.
' The granting of such e;,change and subsequent use will be
' ~t the discretion of the Department Head.
If twelve (1<) months have elapsed since approval of the
e;;change of sick leave for vacation, cnd the employee has
not b~en permitted the use of the converted vacation
time, (~fter submitting at le~st one written request for
utili~ation) the employee will have the right to
r•e-c~nvert the vacatian time to sick leave in reverse
ratio to the oriyinal e;;change. This e;:change will be
alli~wed onl.y for previously converted sic~; time to
vacation and will not be p~rmitt~d for reyularly accrued
vacation time.
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4. I+ an ~:ifi~7LGyE'E, ~;fter converting sic4: leave to vacation
. time, e::hausts al1 of hzs/her remain:ing si~_E: leave due to
injury or iilness, he/she may mat::e a written request to
the De~artment Head to re-COnvert vacation time to 5ick:
leave on a reverse ratio basis, approval wil be s~~bject
to an assessment by the Department Head as to the
va2idity of the illness/in~ury and whether or not ~
written physician's statzm~nt attesting t~ the
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i illness/inj~~r-y is required will be ~t the sale option of
li the Department Head.
5. If the employee'S vacation ~ccruai e.:ceeds the ma:;imum
allowable accrual, he/she wi!1 have the option to
re-convert vacaticn time back: to sick: leave on a reverse
~ ratio basis. Such re-conversion shall ~e limited to
( previously converted ~~ick leave/vacation and may not
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e>:ceed the ~mount necessary to reduce the ~ccrued
~ •;acation to the ma;rimurn allowable. Fegularlv accrued
; ~.acation time will nok be elig161e for this re-conversion
to sick leave and any regularly accrued vncation time
ac~rueci i n e:;cess of the ma;: i mum al l owab 1 e wi 11 be
disallowed and not subject to utilization bv the
~~mploye_.
NOTE: used in this document, "reverse ratio" is intended th
~r:t?an th~t the ratio of sic4:: leave to v~cation will revert
to the original ratio at the time the initial e;;change
was implcmented.
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'3ECT10~I ll: F'EI;SONAL_LEAVE
Tt-~e Cit~~ sh~11 allow twenty-four (~4) hour; of accumulated
tiick leave per calendar year ta be used for conductinq personal
business whicli ccnnot be conducted outside r-egular worFiing hour>.
~ The employee must req~iest le~ve, if non-emergency, at least
forty-eight l48) fiours ttwo wo~F:ing days) prior to the time of
utilization on the form presently pr-ovided ancl with their
supervisor's approval. :n cases ~f emergency, the forty-eiyht
I t43) ho~~r notification procedure may be waived by the immediate
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~supervisor provided the form is completed and the reason for the
reyuest. is stated upon return.
' SECTION 1~: PEFEAVEMENT_LEAVE
Employees shall be yranted paid bereavement le2ve not to
e~~caed three work d~ays upon the ~~ccasion o4 ?eath o~F a close
relative. L'lose relatives are defined as mother, father, sister,
brpther, wife, husband, ch11d, grandparent, gr~andchildren,
~nother-Yn-law and father-in-law.
SECTIOhJ 1': MILITAFY_LEAVE
Military leave sh~ll te nranted in accordancE~ with the
pr-c~visiun of State law.
All employees entitled to military leave 5ha11 give their
supervisar an upport:.~nity, within the limits of military
reruirements, to detarmine when such leave sh211 be takPn.
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SECTION 1.4: MATERNITY_LEAVE
Empl~~yees shall Ue grarited maternit.y leave without pay if
t_hE:y have heen emplnyed by the Cii_y for at I.eaGt. twelve (12?
' continuoi_i~ months and have e~xhaustFrd their sick: leave. l_ik:e
otl-ier non-indu~strial c~isabilitiFSS, emriloyees may i_~se sicl: leavN
~nc1 vacatian leave tr.~ 5upulement lost WEiC~ES. TF1E' City will pay
h~alth and welfare benefits at the sam~ r-ate as prior ko the
leave until the employee is r-eleased by her pliysician to rei:ur-n
' to wo~•k or for bC~ day!~, whii=hever r_omf~s first.
; SE4.TION 15: AE+~ENCE._NOTIFICATIQN
' An employee is e;;pected nut to absent Iiimseif/herself fram
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; wc~r4: for ariy reason other than pers~nal i llness without makf.ng
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~ prior arrangements with his/her ~>uperviaor. Unless prior
I ar-rangements are made. an employee who, for ~ny reason, fails to
report for wr.~rk must make a sincere efiort to immedi~tely notify
his/her supervisor- af his/her r-e~~san F~ar beiny abs~=nt. If the
absence, wl'iether f or per-sorial i 1 1 nerss or otherwi se. i s to
continue beyond thea fir•st day, thE~ employee must notify the
j supervis~r on a r~aily basi ~ ~u~les~ otl~erwise arranged with
f
j hi~/her supervisor. In proper Cd5F5~ e;:c~ptions will be mad~.
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, Any unauthorized absence of an employee from d~~ty shail be •
deemed to be an a~senr_e withouk pay and wi11 be grnunds for
disciplinary ackian by the Department H~ad. In the absence of
~uch di>ciplinary action, any empioyee who ab~ents
him5elf/herself for three days or more wlthout authorized leave
shall be deemed to have r~siqned. Siich absenca may be r_nvered.
however} by the Department Hc~ad by a follnwing grant of leave
with nr wikhout pay when e:;te~Uati~~ cir•cumstances are found tn
have eo-;isted.
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~ECT'ZCN 1.S.U: T~~AI^IIIUG_i~+MD_TUZTIOIV_REIMf+URSENIEIVT
[ t ! s the i nl•ent of ~he Ci ty t~~ r•ecogni ~e the val ue ot
traininq to its Nmploye~s: and tc adopt a traininy policy which
~vill encourage employaes tu avail themsel~es uf joh related
2ducational opportunities that will ~dvance their knowledge and
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inter-~st~ in the direction of thcir career with the City; and by
doing so ta impr-ove tlie Municipal Servica. Employees who wish to
seek: rNimbi.ir5ement +rom the City for ti~aining program cc,sts shall
pravidE ~ wr-itten request for reimbursement to the~r Department
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Head. The form provided shall include the type of program,
, aponsoring organization or institution, meeting times a~d costs
ror such program.
Once a training program has been ~:~pproved by the Department
Head any empluyee covered by this Agreement wou.ld be eligible +or
reimbur~ement unless funds budgeted for thia activity have been
a~;ha~_i<~ted. However, no employee shall rec~iv~ zny reimbursement
' ~.~ntil thev havr provided satisf~ctorv pruof ~~f ~ur_cessfi_il
completion of the program.
SECTIDN 17: CITY_SP~NSOFFD_FtECREATION_F'f'OGRHMS
City employees sh~ll have the privilzy~ of enrollm~nt in City
sponsored rtcr-~~~tion programs at C.ity residents' fee structur•e
and inpr~ference to non-restiients wish~ng to enroll.
S'ECTION 19: DUE FFOCESS
In each and every'instance involving the issuance o+ warning
nol•icc~;, suspen~~ions or the dismissal or discharge of an
emK.~loyee, such wi:l not br effectuated without the emplovee first
I'iavinq been qiven i~ writing the ba~is for such action being
t~1en ar~d the opportunity lu qu~stion the rea~,ons ther-?fore of
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~ f~i~iher supervi~~or or Department Head. Sald ,~pportuntty shall be
~ur, soon ,as ls practicable after hnviny ~een served the written
notic~ and sha:ll not constitute any limitation otherwi5e
available througl-i the qrievance or appeal pror_edures. Any
wril-ten warning in an employee's file wi11 be removed from the
file after three years.
II ~ECTION 19: LAYOFFS
~I~ L_zyoffs of employees may be made by the Appointing Authority
~I for lack of funds, lack of worF:: or for other simil~r and just
' c~use. TI-~e ord~r of layoff sh~ll b~ that which, in the opinion
of the Appointing Ai_ithority, will cause the least disruption of
service to the City.
Unless otherwise prevented from doing so as a result of
cc~ndit.ions or situatinns beyond the Lity's control, the City will
pr-ovide a minimum of thirty (;c:>> days notice to any employee
si.~bject to being laid off pursuant to the Fule on l~ayoffs.
S~FCTIQrJ FEINSTATEIHE~IT
The names of ~mploy~es affected by layoff shall be placed on
z r?call list for a period oF two yaars in tne raverse or-der Q{
la~~uff and shall have the first opportunity f~r reinstatement.
Fatlure to respond within ten days to a written notice of sur_h
c~ppertunity shall cause that name to be r~moved from the recrll
ltst.
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' Ldith ttie approv~zl ~~f the Appointing Aiathoi~ity, a per-manent or
probati~na~ry ~mployee whu has resiyned with e~ good record may be
reinstated within twenty-four months of the effective date of
re~igna~tion to a vacant position in thc- s~me o~ comparable class
, he/she pr~viously occupied. Upon reinst~tement, the employee for
Gi11 purposes, shall be considered as though th~y had received ~n
original appointment.
' SECTION ~1: DEPHRTMENT_OF_LAROh_RE~ULATION
' both parties to this ~qreement have been informed of the United
States Supreme Court Fuliny in G~rcia v. Saw~ Antonia P1etro~olitan
' Transit_ A~ithorityi_ and hereby ~gree that due to the pr~sent
uncertainty in khe ap~~lication of the Fair Labor Stand~rds Act of
' 1938, as ;mended tFLSA) in accordance with the (~arcia holding to
' public empioyees; the p~rties shall meet and negotiate in good
' faiL-h any clause, term, or obligation arising from tl~is
agre~ment, :in the Pvent said claua~, term, ur- obliyation becomes
- irconsist~nt with or in violatian of any rfagulations issued by
f:he Dcpartment of Lal~or in accor~jance with the (FI_SA?, or any
f~_~ture j~_idicial opinions interpreting the Garcia holding or thE
(FL.SA), or any ~ectic,n of the (FLSA) as amended.
, SECTSON CfJNTINUATION_OF_FENEFITS
Ali terms and conditions of emploYment not otherwise
cnntained hPrein shall be maintained at th~ standards in effect
' ;at the time of e::ecutian.
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! ~r_crioni ~.r_~=r~r~H~n_ir~,t
In tr~e evEnt any proviaion of this ayreement is fii.nally held
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1~ *_o he i1len~i by a cuurt of competent j~~risdiction or void as
~ being in contrnvention of any law, rule or regulation of any
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; gnvernment ayency having jurisdiciton over the subject set forth,
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then thE remainder of the agreement shall continue in full force
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i ~nd effect unless the parts ,a found tu be void ar~: held
in~:~eparable from the remaining portion of the agreement.
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I SECTION 24: I;ATIFICATION
~tothing contained in this memorandum shall be bindiny upon
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, either the City or the Assoczation following sic~ning of this
~nemor~ndum by the parties until it has been ratified by the
:~ssaciaticn's membership and presented and approved by the City
' ~oun~il af the City.
' :=ECTION ~5: TFRP1
This aqreement shall h~ve effectivity commenciny at 1~:~)1
, F~. M. , J~.il y L, :QS.:, and endi ng at 11 : 59 P, M. , J~~~_~~i>1_l ~86.
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