CC Resolution No. 13-101 Amending A Memorandum of Understanding Between the City of Cupertino and Operating Engineers Local No. 3 Union, AFL-CIO RESOLUTION NC. 13-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CUPERTINO AND OPERATING ENGINEERS LOCAL NO. 3 UNION, AFL-CIO
WHEREAS, meetings have been held over proposals concerning other terms and
conditions of employment between representatives of the City of Cupertino and of
Operating Engineers Local No. 3 Union, AFL-CIO, the recognized representative of the
Public Works Employees Unit; and
WHEREAS, the agreement mutually obtained through these meetings has been
recorded in an amendment to the Memorandum of Understanding, Section 14.12:
Catastrophic Leave, to be signed by both parties, which section of the memorandum has
been submitted to the City Council for approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does hereby adopt the amended section 14.12 to the Memorandum of
Understanding for the period of July 1, 20 t3 to June 30, 2016 between the City of
Cupertino and Operating Engineers Local No. 3 Union, AFL-CIO attached as Exhibit D.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19th day of November 2013 by the following vote:
VOTE MEMBERS OF THE CITY COUNCIL
AYES: Mahoney, Wong, Chang, Santoro, Sinks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APP RE/D: J
Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino
Exhibit D
During adoption leave, accrued vacation may be used by the employee at his or her option in
order to receive for the leave. Sick leave may only be used during the leave in the event of
illness or medical appointments of the adoptive child during the leave.
14.11 Absence Notification
An employee is expected not to absent herself/himself from work for any reason, other
than personal illness, without making prior arrangements with his/her supervisor. Unless prior
arrangements are made, an employee who, for any reason, fails to report for work must make a
sincere effort to immediately notify his/her supervisor or office personnel of his/her reason for
being absent.
If the absence, whether for personal illness or otherwise, is to continue beyond the first
day, the employee must notify by personal phone call the supervisor or office personnel on a
daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will
be made.
Any unauthorized absence of an employee from duty shall be deemed to be an absence
without pay and will be grounds for disciplinary action up to and including dismissal by the
Department Head. In the absence of such disciplinary action, any employee who absents
herself/himself for three (3) days or more without authorized leave shall be deemed to have
resigned. Such absence may be covered, however, by the Department Head by a following
grant of leave with or without pay when extenuating circumstances are found to have existed.
14.12 Catastrophic Leave
The City's catastrophic leave committee will establish a definition of catastrophic or life-
threatening illness. This committee will evaluate each individual case when it is submitted to
qualify to receive financial assistance. The only limitation is that the employee must be the one
facing the illness. The committee has the right to ask the applicant to submit further
documentation from the treating physician to determine the applicant's eligibility for
catastrophic leave hours.
Vacation hours and compensatory time off (CTO) hours are the only leave of absence
credits which may be donated in any pay period. A leave of absence transfer drive will be held
whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours.
Upon retirement or resignation, an employee can contribute up to 10 hours of sick leave
provided that the employee has a minimum of ;:.20 hours of sick leave, which has previously
become vested.
All benefited employees will be eligible to receive assistance. An employee does not
have to be a contributor to be eligible. An employee or their representative must complete a
prescribed application form together with supporting medical documentation to the Personnel
Officer when applying for funds.
A recipient must have used all of their available leave hours before he/she is eligible.
The maximum amount is two months (LTD becomes available at this time).
14.13 Family Medical Leave Act/California Family Rights Act
The City of Cupertino shall comply with the leave provisions of the Family Medical
Leave Act and the California Family Rights Act for employees who qualify for leave under
these laws.
SECTION 15: SICK LEAVE CONVERSION
15.1 Sick Leave is not vested under California statutory law.
15.2 At the time of termination, the value of non-vested hours is converted to an
incentive compensation bank equal to the employee's base hourly rate.
15.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment
shall be made for up to eighty-five percent (85%) of the value of the incentive compensation
bank.
15.4 If upon resignation an employee has a minimum of 320 non-vested hours, payment
shall be made for up to seventy percent (70%) of the value of the incentive compensation bank.
15.4. a. Employees shall have the option of cashing out sick leave in accordance with
Section 15 - Sick Leave Conversion. Any employee who is retiring will have the option of
applying any remaining sick leave to service credit. If an employee is resigning, he/she will not
have the option of applying sick leave hours to service credit.
15.5 Represented employees will have the option, subject to approval, of converting sick
leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave
balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for
48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick leave
for four hours of vacation. An employee may convert sick leave in excess of 320 hours to
vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours.
As a condition of converting sick leave to vacation, all employees will be required to use
at least one-half(1/2) of vacation accrued during the previous twelve (12) months.
Such conversions, either to exchange sick leave for vacation or vice versa, shall be
subject to the following conditions:
a. All requests to exchange sick leave for vacation time shall be submitted in writing to
the Department Head at least 60 calendar days in advance of intended vacation
utilization.
b. The granting of such exchange and subsequent use will be at the discretion of the
Department Head.
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