CC Resolution No. 15-007 Adopting Side Letter No. 1 Amending the MOU between the City and OE3 RESOLUTION NO. 15-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING SIDE LETTER NO. 1 AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE OPERATING
ENGINEERS LOCAL NO. 3 UNION,AFL-CIO
WHEREAS, a meeting has been held over a proposal concerning eligibility for the City's
catastrophic.leave policy between representatives of the City of Cupertino and of the Operating
Engineers Local No. 3 Union,AFL-CIO; and
WHEREAS, the agreement mutually obtained through these meetings has been recorded
in a Side Letter to the Memorandum of Understanding to be signed by both parties, which has
been submitted to the City Council for approval,
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby
adopts Side Letter No. 1 to the Memorandum of Understanding for the period of July 1, 2013 to
June 30, 2016, between the City of Cupertino and the Operating Engineers Local No. 3 Union,
AFL-CIO attached and incorporated as Attachment B.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of February 2015,by the following vote:
Vote Members of the Citv Council
AYES: Sinks, Chang, Paul,Vaidhyanathan, Wong
NOES: None
ABSENT: None
ABSTAIN: None i
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
SIDE LETTER NO. 1 AMENDING THE MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF CUPERTINO AND
OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO
The City of Cupertino ("City") and the Operating Engineers Local Union No. 3, AFL-CIO ("OE3")
are parties to a Memorandum of Understanding ("MOU")with a term ending June 30, 2016.
Catastrophic Leave
The City's Catastrophic Leave program allows active employees to donate unused vacation and
compensating time off hours to a catastrophic leave bank. The bank is available to employees
facing a serious illness that have exhausted their leave hours. All requests are evaluated by the
City's Catastrophic Leave Committee made up of active employees.
In 2013, the City met and conferred with Bill Pope and the OE3 shop stewards on a policy change
to the Catastrophic Leave policy. The labor/management team verbally agreed to allow employees
still on probation to access the program. The change was made in the City's Administrative Rules
and Regulations and the MOU between the City and the Cupertino Employees' Association(CEA).
Inadvertently, however, the change was never documented in writing or changed in the OE3 MOU.
This discrepancy means that Unrepresented and CEA probationary employees are eligible to apply
for Catastrophic Leave hours but OE3 probationary employees are not.
City has discussed correcting this oversight with the OE3 negotiating team to make the policy
consistent for all benefited employees. Both parties agree to allow all benefited employees to be
eligible to apply for Catastrophic Leave benefits.
Attached is a redlined excerpt of the OE3 MOU - Section 14.12: Catastrophic Leave which shows
the proposed change (Exhibit A).
This side letter agreement shall be effective retroactive to 12:01 a.m. January 1,2015.
OPERATING ENGINEERS LOCAL CI Y OF CUPERTINO
UNI .N No..3
Mary Blanc David Brandt
Ty Bloomqui/ Jaq an
M&e Loomi' City ttorney, approved as to Form
Mike Laitila
Jaen Fauth
onathan Willians
Exhibit A
Redlined excerpt of Operating Engineers Local No. 3 Union,AFL-CIO Memorandum of
Understanding
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 320 hours of sick leave, which has previously become vested.
All benefited employees who have passed initial probation vAffi the G 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).