Loading...
CC Resolution No. 6130RESOLUTION NO. 6130 ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE OPERATING ENGINEER'S LOCAL NO. 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, the 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 RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and the Operaring Engineers Local Union No. 3. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of July , 1983 by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto NOES: None ABSENT: None ABSTAIN: None APPROVED: Memorandum of Understanding Between CITY OF CUPERTINO and OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO This agreement, entered into the ----5th. day of __ J_u_l~Y~--' 1983 between the official representatives of the City of Cupertino, hereinaft~r referred to as "City", and the official representatives of the Operating Engineers Local Union No. 3, AFL-CIO, hereinafter referred to as "Union", sets forth the agreement resulting from the several discussions held between the two parties concerning the wages, hours, terms and conditions of employment for the employees of the Public Works Unit of the City, for which the Union is the recognized sole and exclusive majority representative. This agreement . · .... represents the entire and integrated agreement between the City and the Union and supercedes all prior representations and agreements, whether written or oral. General Provisions SECTION 1.0: DEFINITIONS 1.1 City -the City of Cupertino, a municipal corporation 1.2 Union -Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO 1.3 Employee -All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code. SECTION 2.0: UNION RECOGNITION 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 following classifications as well as any new classifications which may be appropriate for this unit as determined by the Municipal Employees Relations Officer: Maintenance Worker I Water Utility Worker I Maintenance Worker II Water Utility Worker II Equipment Mechanic 2.1 The City shall promptly notify the Union of its decision to· implement any and all new classifications pertaining to work of a nature performed by employees in the bargaining unit. SECTION 3.0: NON-DISCRIMINATION In accordance with the City of Cupertino Affirmative Action Plan, all ·employees shall have equal opportunity in employment without regard to race, religion, political affiliation, national origin, sex, sexual orientation or age. SECTION 4.0 REPRESENTATION RIGHTS 4.1 The City and Union shall not interfere with, intimidate, restrian, coerce or discriminate against employees of the City because of their exercise or representation right under Section 3502 of the Government Code. 4.2 Business Representatives of the Union may have access to any employee or employees presenting a grievance and employees have the right to have the Union Business Representative represent him or her at all stages of disciplinary action. 4.3 The Union may select one (1) employee for each location where 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 notify the Business Representative through the most rapid means appropriate and available of any alleged violations of this Memorandum. Employees are authorized to contact their Union Steward during working hours to report an alleged grievance Revised 7/83 - 2 - or violation of this Memorandum. 4.5 The City agrees to deduct on a biweekly basis the monthly Union membership dues from the earned wages of each employee within the bargaining unit upon receipt of signed authorization to do so from each employee concerned. Union agrees to provide a monthly list of active membership desiring dues deductions to the City. Terminations and other personnel changes affecting dues payment will be provided to the Union by the City. SECTION 5.0: EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including wages, hours, and other terms and conditons of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be -interfered-with, intimidated, restrained, coerced or discrimated against because of his exercise of these rights. SECTION 6.0: CITY RIGHTS The rights of the City include, but are not limited to, the exclusvie right to determine the mission of its constituent departments, commissions and boards; set standards of service; 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 of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and. the technology of performing its work. - 3 - SECTION 7.0: NOTIFICATION OF PROPOSED CHANGE City agrees to serve written notice upon the Union of any in.tent to change or alter any ordinance, rule, resolution or regulation affecting the recognized employee organization on matters relating to the scope of representation. Upon receipt of the written notification of intended change, the parties will meet at a date not less than fifteen (15) days following receipt of intent. After notification, the parties may mutually agree that the Meet and Confer provisions are satisfied by the written notice. In cases of emergencies when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice of meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation consistent with this agreement. SECTION 8.0: HOURS OF WORK: OVERTIME 8.1 Hours of Work Defined Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The normal workweek shall be 40 hours in five days. 8.2 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in employee's hours of work will be made after ten days prior notice.; 8.3 Rest Periods Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be Revised 7/83 - 4 - made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 8.4 Overtime Overtime shall be defined as any work in excess of section 8.1 above. Holidays and paid time off shall count toward the accumulation of the workweek. Overtime work for the City by an employee shall be authorized in advance by the department head or their designee. In the event of unforseen circumstances, overtime shall be approved after the work is completed. 8.5 Payment of Overtime Al~ approved overtime work performed by employees shall be paid at the rate of one and one-half times the normal rate of pay. Work performed on Saturdays, Sundays, City Holidays or during an employee's scheduled vacation shali be considered to be overtime and paid accordingly. Employees may elect to receive compensatory time off in lieu of being paid the overtime rate at the rate of one and one-half (l~) hours off for each hour so worked. 8.6 Compensatory Time Off Eligible employees shall be allowed to schedule compensatory time off at dates of the employee's selection provided: 1) that prior supervisory approval has been obtain~d, and 2) it is taken prior tb the-second p~~ period- in December of each calendar year and 3) the request is made in writing. If the employee has not been permitted the use of the earned compensatory time off by the second pay period in December, the employee will have the right to receive payment for the overtime worked. SECTION 9.0: COMPENSATION FOR SERVICES 9.1 Wage Rate Schedules The City agrees to rates of pay for the classifications covered by this agreement in the ranges and steps of the Schedule of Pay Grades as Revised 7/83 - 5 - I reflected in Attachment "A" of this agreement to be effective June 29, 1983. 9.2 Out-of-Class Wage Rates 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 higher classification, or at a rate five percent greater than that of the regular position, whichever is greater, for the number of hours so assigned. No.increase in the wage rates shall apply in instances of Maintenance Worker I positions temporarily assigned to positions of Maintenance Worker II classification. 9. 3 Standby Compensation Employees who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated at the rate of $75 per employee per 168 hours so assigned. Minimum manning and skill qualifications for standby assignment shall be determined by the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified employees who reside in an area that provides an acceptable response time as determined by the City. The City agrees to participate in a labor-management committee for the purpose of reviewing and/or modifying the manner of assigning stand-by responsibilities. 9.4 Callback Pay If an employee is called or required to report for assigned emergency or other duties during the period of the close of the regular workday and the start of the next following workday, compensation shall Revised 7/83 - 6 - be paid at one and one-half (lYz) times the normal rate for the period the employee is required to be available at the work station, and for travel time in connection therewith to and from the employee's customary residence at one and one-half (l~) times. Under such circumstances a minimum payment will be made equivalent to two hours at one and one-half times the normal rate of pay. 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, indicated on the following schedule: Consumer Price Index Private Transportation 170.4 173-~6·· 179.1 184.5 190.0 195.3 200.7 206.2 211.6 217.1 Vehicle Cost Per Mile 15.7¢ 16.0 16.5 17.0 17.5 18.0 18.5 19.0 19.5 20.0 - 7 - No. of Miles/Month For $50 Reimbursement 300 300 300 300 --300-- 275 250 250 250 250 Revised 7/83 Consumer Price Index (Cont.) Vehicle Cost No. of Miles/Month ' Private Trans:eortation Per Mile for $50 Reimbursement 221.5 20.5 225 228.0 21.0 225 233.3 21.5 225 238.7 22.0 225 244.2 22.5 200 249.6 23.0 200 255.1 23.5 200 260.5 24.0 200 266.0 24.5 200 271.3 25.0 200 276.7 25.5 200 282.2 26.0 195 287.6 26.5 190 293.l 27.0 190 298.5 27.5 180 304.0 28.0 180 309.3 28.5 180 314.7 29.0 175 320.1 29.5 175 325.5 30.0 175 SECTION 10 .0: PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRIBUTION The City agrees to pay half of the employee's contribution rate to the Public Employees Retirement System not to exceed 7.0% of applicable salary. SECTION 11.0: HEALTH AND WELFARE BENEFITS 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 Northern California. Any such benefits program must have the continued approval of the Board of Administration, Public Employees Retirement System. For each participating employee, the City shall contribute toward the premium due the lesser of either the actual premium cost or the amount of $~00.00 per month during the period of July 1, 1983 through June 30, 1984 Required contribution amounts exceeding the premium contribution of the City are the responsiblity of the employee. The City shall not be required to maintain or contribute any other payment towards dental or medical insurance during the period the Operating Engineer's Health and Welfare Plan is made available. Revised 7/83 -8 - SECTION 12.0: INSURANCE The City agrees to pay the premium for a program of income protection insurance for eligible employees for the same level of coverage now in effect. The City agrees to pay the premium for a term life insurance benefit of five times the employee's annual salary to a maximum of $250,000 of benefit. SECTION 13.0: PAID ABSENCES 13.l Fixed Holidays The City shall provide the following fixed paid holidays for eligible employees covered by this agreement: 1. New Year's Day 2. Washington's Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veteran's Day 7. Thanksgiving Day 8. Day following Thanksgiving 9. Christmas Eve (1/2 shift, regular workday only) 10. Christmas Day 11. New Year's Eve (1/2 shift, regular workday only) 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 holiday falls on a Sunday, the following Monday shall be observed 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. 13.1.l Holiday Pay In order for an employee to receive his regular pay for a holiday or designated 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 absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considgred as working their regular schedule for pay purposes. - 9 - 13.2 Floating Holidays In addition to the foregoing paid holidays, eligible employees shall be allowed to schedule two workdays 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 2) be taken before the end of the ~ 2nd pay ·period in December of each calendar year. For new employees, floating holidays will be pro-rated in the following manner: 1. Employees hired after January 1 but before March 31 shall be entitled to two floating holidays in that calendar year. 2. Employees hired after April 1 but before September 30 will be entitled to one floating holiday that calendar year. 3. Employees hired after October 1 but before December 31 will not be entitled to floating holidays in that calendar year. 13.3 Good Friday Non-Work Period The last two hours of the workday on Good Friday shall be observed as a non-work period. City has a right to vary the work schedule to allow employees to leave work early. 13.4 Vacations All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits during the calendar year. After twelve months of con- tinuous employment, accrued vacation may be taken. An employee may accrue no more vacation credit than twice the annual rate being earned. Revised 7/83 -10 - Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate of vacation being earned. Commencing with the effective date of this agreement, represented employees may convert, on a once-a-year basis, unused vacation time for payment subject to the following conditions: 1. The employee must have an earned vacation of a minimum of 15 days. 2. Any payments made for unused vacation will be subject to all appropriate taxes and deductions as determined by the Finance Department. 3. Minimum exchange will be 1 day, maximum exchange will be 5 days. All changes are irrevocable. Revised 7/83 -11 - 13.4.1 Vacation Accrual Rate During the first three years of employment, an employee shall earn vacation credit on the basis of 5/6 workday or the hourly equivalent for each complete month of continuing service. During the fourth calendar year of employment, an employee shall earn vacation credit on the basis of one and one-fourth (1 1/4) workdays or the hourly equivalent for each complete month of continuing service. During the fifteenth calendar year of employment and thereafter, an employee shall earn vacation credits at the rate of one and two-thirds (1 2/3) workday or the hourly equivalent for each month of completed continuous service. On the recommendation of the employee's department head and with the written approval of the Appointing Authority, an employee may carry over to the next year any portion of vacation credit but shall be limited to not more than that which was earned during the previous year. 13.4.2 Full vacation leave shall be taken at one time by any one employee whenever possible. The time during the calendar year at which an employee shall take his vacation shall be determined with due regard for the wishes of the employee and particular regard for the needs 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 On termination of employment or on receiving a leave of absence of more than three (3) months, an employee who has completed twelve (12) months of continuous service with the City shall be entitled to receive compensation for all earned but unused vacation accrued at the time of termination or at the start of said leave of absence. 13.4.4 The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the normal work week. -12 - 13.5 Sick Leave All employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Employees absent without pay for any reason for more than forty (40) hours during a calendar month shall not earn sick leave benefits for that month. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. To discourage abusive absenteeism, an employee who accumulates six incidents resulting in sick leave usage within any twelve month period shall be placed on sick leave restriction. An incident is defined as absence for any reason of more than two hours. Up to four prescheduled and verifiable medical/ dental appointments in a twelve month period will be excluded as incidents. The department will formally notify the affected employee after the sixth incident, but prior to any subsequent illness, that additional period of absenteeism must be substantiated in writing upon return to work for the next six months. Unacceptable substantiation of absenteeism will result in sick leave not being granted and possible disciplinary action being taken. In those cases where an employee has substantiated the absenteeism, the City may require, at City expense, a medical examination to determine whether or not the employee is fit for duty. If the examination finds the employee unable to function in the assigned classification, the City may take action to retire or terminate the employee. If the employee is found fit for duty and abusing the use of sick leave, appropriate ~isciplinary action will be taken. 13.6 Personal Leave The City shall allow twenty-four (24) hours per year of accumulated sick leave to be used for conducting personal business which cannot be conducted outside regular working hours. -13 - The employee must request leave, if non-emergency, at least forty-eight (48) 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. 13.7 Bereavement Leave Employees shall be granted paid bereavement leave not to exceed (3) workdays 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. 13.8 Military Leave Military leave 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. 13.9 Maternity Leave Employees shall be granted maternity leave without pay if they have been employed by the City for at least twelve (12) continuous months. Like other non- industrial disabilities, employees may use sick leave and vacation leave to supple- ment lost wages. The City will pay health and welfare benefits and disability insurance until the employee is released by her physician to return to work or for sixty (60) days, whichever is first. 13.10 Absence Notification An employee is expected not to absent himself from work for any reason other than personal illness without making prior arrangements with his 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 supervisor of his reason for being absent. If the absence, whether for personal illness or otherwise, -14 - is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged with his 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 by the department head. In the absence of such disciplinary action, any employee who absents himself for three 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. SECTION 14 .0 SICK LEAVE ACCUMULATION CONVERSION The City agrees to pay employees covered by this agreement for unused balances of sick leave upon retirement or termination for other than just cause according to the following schedules: 14.1 Upon retirement, which shall require the formal filing of the appropriate forms with the Public Employees Retirement System, a cash payment equivalent to seventy-five percent (75%) of the dollar value of the unused sick leave balance exceeding 320 hours will be made. Dollar value for such payment shall be calculatec;l at a wage rate which is the average of the preceding five (5) years for the employee. 14.2 Upon termination for other than discharge with just cause, a cash payment equivalent to fifty percent (50%) of the dollar value of the unused sick leave balance exceeding 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 (5) years for the employee. -15 - 14.3 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 exchange will be 8 hours sick leave for 4 hours of vacation. As a condition of converting sick leave to vacation, all employees will be required to use at lease one-half of vacation accrued during the previous twelve months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions. 1. 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. 2. The granting of such exchange and subsequent use will be at the discretion of the Department Head. 3. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. Revised 7/83 -16 - NOTE: 4. If an employee, after converting 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 the Department Head to re-convert vacation time to sick leave on a reverse ratio basis. Approval will be subject 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. 5. 1If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re-conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. As used in this document, "reverse 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. Revised·7/83 -17 - SECTION .15. 0 SAFETY EQUIPMENT The City shall establish a procedure by which employees may acquire clothing and safety equipment as outlined below in an amount not to exceed $175.00 per fiscal year per employee. Applicable clothing and safety equipment: a. rain gear b. hard hats c. vests d. safety shoes e. goggles/safety glasses f. gloves g. work pants h. ear plugs The City shall retain the right to establish minimum safety and quality standards for the clothing and safety equipment to be used while performing assigned tasks. During the probationary period, the City will provide safety equipment and clothing as needed. At the end of the probationary period, the City will provide up to $50 for the purchase of safety shoes. For employees completing the probationary period, the $175.00 clothing and equipment allowance will be prorated until July 1 of the next fiscal year. A new employee, who for whatever reason, terminates his/her employment with the City before the beginning of the next fiscal year, shall turn in the clothing and equipment for which the City has paid or pay to the City the prorated value of said clothing and equipment. Revised 7/83 -18 - It will be the responsibility of the employee to have the required clothing and/or safety equipment needed 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 Responsibility for Lost Tools The City shall provide all tools and equipment which are required as necessary to perform any assigned task in a safe manner. Tools and equipment so provided shall be considered in the safekeeping of .the employee to whom they are issued and who shall assume personal responsibility for their custody until such time as they are returned. Tools and equipment not returned at the designated time by an employee to whom they are issued may be charged to such employee who will be required to reimburse the City for like replacement; provided, however, that such requirement for reimbursement shall not apply when reasonable doubt · -··can be demons.trated that missing tools or equipment were stolen by other persons and not as the result of having been misplaced. Nothing herein shall be construed as being applicable to damage or breakage of such tools and equipment caused by normal and prudent use in the performance of assigned taks for which they were - intended. -19 - SECTION 16.0 TUITION REIMBURSEMENT The city will reimburse tuition and the cost of books when employees complete a related course of study preapproved by the department head. Once a course of study has been approved by the department head, any employee covered by this agreement would be eligible for the reimbursement until funds budgeted for this activity have been exhausted . . 17.0 TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of, or in the course of, the performance of his job and who cannot work at the duties and responsi- bilities normally assigned to that job is entitled to rec·eive temporary dis- ability payments as prescribed by state law. 17.l Use of Sick Leave .tGJ Supplement Temporary Disability Payments Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick the employee's account. SECTION 18.0 DUE PROCESS leave has been accrued to In each and every instance involving the issue of warning notices, suspensions or the dismissal or discharge of an employee, such will not be effectuated without the employee first having been given in writing -20 - basis for such action being taken and the opportunity to question the reasons therefore of his supervisor or department head. Said opportunity shall be as soon as it is practicable after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedures. Any written warning in an employee's file will be removed from the file after three years. 18.1 The Union and the City agree that use of alcoholic beverages and/or controlled substances during working hours are grounds for disciplinary action. Furthermore, the Union and the City agree that repeated use of alcoholic beverages and/or controlled substances will be grounds for termination. SECTION 19.0 LAYOFFS Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of the Appointing Authority, will cause the least disruption of service to the City; provided, however, that within any given position classification employees whose salaries or wages are funded in part or whole by Federal employment grants shall be laid off first before employees holidng certified status and who occupy positions funded from sources other than Federal employment grants. The names of employees affected by layoff shall be placed on a 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 within ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. SECTION 20.0 REINSTATEMENT 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 months of the effective date of resignation to a vacant position in the same or comparable classification they previously occupied. Upon reinstatement, the . employee, for all purposes, shall be considered as though they had received an original appointment. -21 - SECTION '21: GRIEVANCE PROCEDURE Definition and Procedure A grievance is a dispute or difference of opinion raised by an employee covered by this Agreement against the City involving the meaning, interpretation or application of the express provisions of this Agreement (or existing work rules). A grievance shall be processed in the following manner: Step 1: Any employee who has a grievance shall submit it designated as a grievance to the employee's immediate supervisor, who is designated for this purpose by the City. The supervisor shall give the employee an oral answer within five (5) calendar days after such presentation. Step 2: If the grivance is not settled in Step 1 and the employee wishes to advance the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's next highest supervisor within five (5) calendar days after the supervisor's oral answer, or answer.due in Step 1, and shall be signed by both the aggrieved employee and the Union Steward or Union Business Agent. The written grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement or work rules which the City is alleged to have violated and the relief requested. The supervisor or other person designated for this purpose shall· discuss the grievance within five (5) calendar days with the employee and the Union Steward at a time mutually agreeable to the parties. If no settle- ment is reached, the supervisor or other person designated for this purpose shall provide the employee a written answer within five (5) calendar days following their meeting. Step 3: If the grievance is not settled in Step 2 and the employee wishes -22 - to appeal the grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's Department Head within five (5) calendar days after the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the Union Steward or Union Business Agent. The Department Head shall discuss the grievance within five (5) calendar days with the employee and the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the Department Head shall give the City's written answer to the employee within five (5) calendar days following their meeting. Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory mediation as described below within fourteen (14) calendar days after the decision is provided at the third step. (1) The parties shall attempt to agree upon an advisory arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said seven (7) day period, the parties shall immediately jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike two (2) names from the panel. The person remaining shall be the advisory arbitrator. (2) The advisory arbitrator shall be notified 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. -23 - (3) The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. (4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later. \ (5) More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing. (6) The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the Union: provided, however, that each party shall be responsible for c.ompensating its own representatives and witnesses. Limitations on Authority of Advisory Arbitrator The advisory arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a viola- tion, misinterpretation, or misapplication of the specific provisions of this Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no authority to make a recomn1endation on any issue not so submitted or raised. The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The recommendation shall be ad- visory only. .:..·24 - SECTION 22: IMPASSE PROCEDURE The following procedures, extracted from the Municipal Code, shall apply in the event the parties are unable to resolve an impasse satisfac.torily: 2.52.410 Impasses A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: 1. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position concerning the issue; 2. A determination by the City Council after a hearing on the merits of this dispute. 3. Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issued. An impasse meeting shall then be scheduled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold: a. To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and b. If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute shall be submitted; in the absence of agreement between the parties on this point, the matter shall be referred to the City Council. B. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one-half by the City and one-half by the employee -25 - organization or employee organizations. (Ord. XII Ch. 6, Art. 2 Section 12:624, l~7Q) SECTION 23. O: NO STRIKE During the life of this agreement neither the Union nor any officers, agents or employees shall instigate, promote, sponsor, engage in or condone any strike (including sympathy strike), slow down, concerted stoppage of work or any other intentional disruption of the operations of the City. SECTION 24.0: NO LOCKOUTS During the life of this agreement, the City will not instigate a lockout over a dispute with the Union so long as there is no breach of Section 22 of this agreement. SECTION .25.0: CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 26.0: SEPARABILITY In the event any provision of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held in- separable from the remaining portion of the agreement. SECTION 27.0: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Union following signing of this memorandum by the parties until it has been ratified by the Union's membership and presented and approved by the City Council of the City. SECTION 28.0: TERM This agreement shall have effectivity commencing at 12:01 a.m., June 30, 1983 and ending at 11:59 p.m., June 30, 1984. -26 - CITY OF CUPERTINO OPE TING ENGINEERS LOCAL UNIO -27 - CLASSIFICATIONS: Water Utility Worker I Maintenance Worker I Hourly Monthly Maintenance Worker II Hourly Monthly Water Utility Worker II Hourly Monthly Equipment Mechanic Hourly Monthly PAY GRADE 701 702 703 706 ATTACHMENT A WAGE RATE SCHEDULE Public Works Unit EFFECTIVE" JUNE 29, 1983 ,-S'I:EP A $ 8.633 1,496.39 $ 9.065 1,571.27 $ 9. 712 1,683.41 $ 10. 708 1,856.05 STEP B $ 9.065 1,571.27 $ 9. 518 ,1,649.79 $ 10.198 1,767.65 $ 11. 243 1,948.79 STEP C $ 9.518 1,649.79 $ 9.994 1,732.29 STEP E-MAXIMUM $ 10.494 1,818.96 $ 11. 019 1,909.96 $ 10.708 $ 11.805 1,856.05 2,046.20 $ 11. 805 2,046.20 $ 13.015 2,255.93