CC Resolution No. 9134
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RESOLUTION NO. 9134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CUPERTINO AND CUPERTINO EMPLOYEES ASSOCIATION
WHEREAS, several discussions have been held over proposals concerning wages,
hours and other conditions and terms of employment between representatives of the City
and of the Cupertino Employees Association recognized majority representative of the
Miscellaneous Unit: and
WHEREAS, the agreement mutually obtained through these discussions has been
recorded in the 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 Cupertino Employees Association.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of July. 1994 by the following:
:VOTE
MEMBERS OF THE CITY COUNCIL
AYES:
Bautista, Burnett, Dean, Sorensen, Koppel
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED:
181 Barbara Koppel
Mayor, City of Cupertino
ATTEST:
l~1 Kim M. Smith
City Clerk
CUPERTINO EMPLOYEES ASSOCIATION
INDEX
Category Section Subiect Page
NO DISCRIMINATION 1 No Discrimination 1
SALARY SCHEDULE 2 Salary Schedule 1
ONE TIME PAYOUT 3 One Time Payout 2
OUT-OF-CLASS WAGE PAY 4 Out-of-Class Wage Pay 2
HOURS OF WORK: OVERTIME 5 Hours of Work Defined 2
Schedules 2
Rest Periods 3
Overtime 3
Payment of Overtime 3
Compensatory Time Off 3
P.E.R.S. CONTRIBUTION 6 P.E.R.S. Contribution 4
INSURANCE COVERAGE 7 Health - Medical Insurance 4
Dental Insurance 5
Life Insurance 5
Long Term Disability 5
HOLIDAYS 8 Fixed Holidays 5
Floating Holidays 6
Holiday Pay 6
TEMPORARY DISABILITY 9 Temporary Disability Benefits 7
SICK LEAVE TO SUPPLEMENT 9.1 Use of Sick Leave to Supplement 7
TEMPORARY DISABILITY Disability Payments
VACATION 10 Vacation 7
SICK LEAVE 11 Sick Leave 8
F AMIL Y LEAVE 12 Family Leave 11
PERSONAL LEAVE 13 Personal Leave 12
BEREAVEMENT LEAVE 14 Bereavement Leave 12
MIUT ARY LEAVE 15 Military Leave 12
Cateeorv Section Subiect ~
PREGNANCY DISABILITY LEAVE 16 Pregnancy Disability Leave 12
ADOPTION LEAVE 17 Adoption Leave 13
CATASTROPHIC LEAVE 18 Catastrophic Leave 13
ABSENCE NOTIFICATION 19 Absence Notification 15
TRAINING & TUITION 20 Training & Tuition Reimbursement 15
REIMBURSEMENT
CITY SPONSORED RECREATION 21 City Sponsored Recreation 16
PROGRAMS Programs
DUE PROCESS 22 Due Process 16
LAYOFFS 23 Layoffs 16
REINSTATEMENT 24 Reinstatement 17
CONTINUATION OF BENEFITS 25 Continuation of Benefits 17
SEPARABILITY 26 Separability 17
RATIFICATION 27 Ratification 18
EXTENDED BENEFITS 28 Extended Benefits 18
TERM 29 Tenn 18
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CUPERTINO
AND
CUPERTINO EMPLOYEES ASSOCIATION
This agreement, entered into the Jg day of July. 1994 between the City of Cupertino,
hereinafter referred to as "City", and representatives of the Cupertino Employees
Association, hereinafter referred to as "Association". sets forth the agreement resulting
from several discussions held between these two parties concerning the wages, hours,
terms, and conditions of employment for the employees of the Miscellaneous Employees
Unit of the City, for which the Association is the recognized sole and exclusive
representative. This agreement represents the full and integrated agreement reached
between the parties.
SECTION 1: NO DISCRIMINATION
City and Association agree they shall not discriminate in any way on account of
race, creed, religion, sex, age, national origin, political affiliation, sexual preference, or for
Association activity.
SECTION 2: SALARY SCHEDULE
The City agrees to pay the rate for each classification covered by this agreement, in
the ranges and steps of the appropriate Schedule of Pay Grades effective June 27, 1994.
The City agrees to conduct a total compensation survey of the cities in Santa Clara
County with the exception of Morgan Hill and Gilroy during the term of this contract.
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Furthermore, the City agrees to make salary adjustments prior to any annual adjustment
given in 1995/1996 to ensure Cupertino employees are paid in the top one-third of the
Cities surveyed.
SECTION 3: ONE TIME PAYOUT
The City agrees to pay 1. 7% of an employee's annual salary to each employee on
the payroll 7/1/94 during the month of July, 1994.
SECTION 4: OUT-OF-CLASS WAGE PAY
Temporary assignment, approved in advance by the Department Head, 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.
SECTION 5: HOURS OF WORK: OVERTIME
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 work week shall be 40 hours in seven days.
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.
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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 made nor time off
charged against employees taking authorized rest periods, no shall any rights or overtime
be accrued for rest periods not taken,
Overtime
Overtime shall be defined as any work in excess of regular work hours defined
above. Holidays and paid time off shall count toward the accumulation of the work week.
Overtime work for the City by an employee shall be authorized in advance by the
Department Head or their designee. In the event of unforeseen circumstances, overtime
shall be approved after the work is completed.
Payment of Overtime
All approved overtime work performed by employees shall be paid at the rate of
one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly
scheduled days off, City Holidays or during an employee's scheduled vacation shall be
considered to be overtime and paid accordingly.
Comoensatory Time Off
At the employees discretion, compensatory time off may be granted for overtime
worked at the rate of time and one-half for each hour worked in lieu of compensation in
cash. Employees who have previously earned compensatory time, shall be allowed to
schedule compensatory time off at dates of the employee's selection provided: 1) that
prior supervisory approval has been obtained, and 2) it is taken prior to the first pay period
in December and 3) the request is made in writing.
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Compensatory time may be accrued, up to 60 hours. Any compensatory time
remaining on the books after this time will be paid off in cash at the rate of time and one-
half
Any overtime worked after the first pay period in December and before the first
period of the next calendar year must be paid off in cash at the rate of time and one-half
SECTION 6: P.E.R.S. CONTRIBUTION
The City agrees to pay the employee's contribution rate to the Public Employees
Retirement System not to exceed 7.0% of applicable salary,
The 2% at 55 trust fund established in 1990 will be used by the City exclusively to
assist in the payment for the unfunded liability created by the 2% at 55 PERS contract
amendment and reflected in the employer's contribution rate.
SECTION 7: INSURANCE COVERAGE
Health - Medical Insurance
City agrees to pay a maximum of $343.50 for medical coverage for employee and
dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act.
Instances in which the premium for medical and hospital insurance plan selected by
an employee is less than the City's maximum premium contribution, the City agrees to
contribute a sum, equal to the difference effective at that time, to a deferred compensation
plan in the employee's name. The City retains the right of selection and administration
over the plan or plans utilized to defer compensation,
If during the term of this agreement, modifications are made to the Federal Tax
Code which would result in any of the medical insurance provided be subject to taxation,
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the contract will be re-opened for the purposes of adjusting the salary and medical benefits
so long as it does not result in an increase or decrease in the total compensation.
their dependents.
Dental Insurance
City Agrees to pay $56.05 per month for employees and their dependents.
Life Insurance
City shall provide life insurance and accidental death and dismemberment coverage
for each employee in the amount of two and one half times annual salary to a maximum
benefit of$250,000.
Long Term Disabili~ Insurance
City agrees to pay that premium now in effect for each employee. Like other non-
industrial disabilities, employees may use sick leave and vacation leave to supplement lost
wages.
SECTION 8: HOLIDAYS
The City shall provide the following fixed paid holidays for eligible employees
covered by this agreement:
.1. New Years Day .7. Thanksgiving Day
.2, Washington's Birthday 8. Day following Thanksgiving
.3. Memorial Day 9. Christmas Eve - half shift
.4. Independence Day 10. Christmas Day
.5. Labor Day 11. New Years Eve - half shift
.6. Veteran's Day 12. Martin Luther King Day
When a holiday falls on a Saturday, the preceding Friday shall be observed as the
non-work day. When a holiday falls on a Sunday, the following Monday shall be observed
as the non-work day
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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.
Floating Holidavs
In addition to the foregoing paid holidays, eligible employees shall be allowed to
schedule 20 hours to be used as additional holiday leave not to be taken in increments of
less than 4 hours. This floating holiday leave shall be taken at dates of the employee's
selection, provided: 1) that prior supervisor approval be obtained, and 2) before the end of
the second pay period in December of each calendar year.
For new employees, floating holiday leave will be pro-rated in the following
manner:
1. Employees hired after January 1 but before March 31 shall be entitled to 20
hours floating holiday leave in that calendar year.
2. Employees hired after April 1 but before September 30 will be entitled to 10
hours of floating holiday leave that calendar year,
3. Employees hired after October 1 but before December 31 will not be entitled
to floating holiday leave in that calendar year.
Holiday Pay
In order for an employee to receive his/her regular pay for a holiday or designated
non-work day, work must be performed on the regular scheduled day before the regular
scheduled day after the holiday or designated non-work day. Employees on vacation,
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injury leave, approved short term leave of absence, with or without pay, or who submit
satisfactory evidence of personal illness shall be considered as working their regular
schedule for pay purposes.
SECTION 9: TEMPORARY DISABILITY BENEFITS
Any employee sustaining an injury arising out of or in the course of the
performance of his/her job and who cannot work at the duties and responsibilities
normally assigned to that job is entitled to receive temporary disability as prescribed by
State law.
SECTION 9.1 USE OF SICK LEAVE TO 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 leave has been accrued to the employee's account.
SECTION 10: VACATION
All employees, other than those holding temporally status, whose work assignment
is of a recurring nature of not less than a normal work week shall accrue vacation credit.
After six months of continuous employment accrued vacation may be taken
During the first three years of employment, an employee shall earn vacation credit
on the basis of 5/6 work day or the hourly equivalent, for each complete month of
continuing service.
During the fourth year of employment an employee shall earn vacation credit at the
rate of one- and one-fourth (1 1/4) work days or the hourly equivalent, for each complete
month of continuing service.
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During the 10th year of employment an employee shall earn vacation credit at the
rate of one and five-twelfths (1 5/12) workdays or the hourly equivalent for each month of
completed continuous service.
During the fifteenth year of employment and thereafter, an employee shall earn
vacation credits at the rate of one and two-thirds (1 2/3) works days or the hourly
equivalent for each month of completed continuous services.
During the twentieth year of employment and thereafter, an employee shall earn
vacation credits at the rate of one and five sixths (1 5/6) work days or the hourly
equivalent for each month continuous service.
An employee may accrue no more vacation credit than twice the annual rate being
earned.
Upon termination of employment unused vacation may not be used to extend final
employment date beyond the annual rate being earned.
Represented employees may convert, on a once per calendar 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 determine by the Finance Department.
3. Minimum exchange will be 1 day, maximum exchange will be 5 days. All
changes are irrevocable.
SECTION 11: SICK LEAVE
All Full time employees, other than those holding temporally status, shall earn
eight (8) hours per month sick leave time without limit on accumulation. Those
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permanent employees working less than full time (at least 20 hours per week) shall earn in
one month the number of hours of sick leave they would normally work in one day or the
equivalent 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.
Sick leave may be utilized due to the employee's personal illness, injury, maternity,
or sickness or injury the immediate family, Immediate family is defined as spouse and
children. Employees shall, whenever possible, make appointments for medical, dental, and
similar purposes on non-work hours. if this is not possible, sick leave may be used for
these purposes
With proper notice and approval of the supervisor, sick leave shall be taken in
periods of no less than one-half hour increments.
The city shall pay an employee for unused balance of sick leave upon retirement or
resignation for other than just cause, according to the following schedule:
1. If upon retirement, an employee has accrued 320 hours of sick leave, which
shall require the formal filing of the appropriate forms with the Public
Employee's Retirement System, a cash payment will be made equivalent to
seventy-five percent (75%) of the dollar value of the unused sick leave. Such
payment to be calculated at a wage rate which is the average of the preceding
five (5) years for the employee.
2. If upon resignation, an employee has 320 hours of accrued sick leave, a cash
payment will be made equivalent t to sixty percent (60%) of the dollar value of
the unused sick leave balance, The dollar value for such payment shall be
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calculated at a wage rate which is the average of the preceding five (5) years
for the employee.
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. An employee may convert
sick leave in excess of320 hours to vacation leave on a one-to-one basis with a maximum
of 48 hours and a minimum of 4 hours.
As a condition of converting sick leave to vacation, all employees will be required
to use at least one-half of the 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 sixty (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 e to
sick leave in reverse ratio to the original exchange. This exchange will be
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allowed previously converted onlv for previously converted sick time to
vacation and will not be permitted for regularly accrued vacation time.
4. If an employee, after converting sick leave to vacation time, exhausts all of
hislher remaining sick leave due to injury or illness, he/she may make a written
request to the as to the validity of 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.
5. If 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 ration 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.
NOTE: As used in this document, "reverse ration" is intended to mean that the ratio of
sick leave to vacation will revert to the original ration at the time the initial exchange was
implemented.
SECTION 12: FAMILY LEAVE
The City of Cupertino will be in compliance with State and Federal Family
Leave laws.
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SECTION: 13 PERSONAL LEAVE
The City shall allow sick leave to be used for conducting personal business
which cannot be conducted outside regular working hours.
The employee must request personal leave for business that cannot be
conducted except during normal working hours. Personnel leave taken will be deducted
rrom the employee's sick leave accrual.
SECTION 14: BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave not to exceed three (3)
work days upon the occasion of death of a close relative, lose relatives are defined as
mother, father, sister, brother, wife, husband, child, grandparent, grandchildren, mother-
in-law and father-in-law.
SECTION 15: 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.
SECTION 16: PREGNANCY DISABILITY LEAVE
A pregnant employee is entitled up to four (4) months leave of absence without
pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery
thererrom. Employees shall take unpaid leave of absence during such leave except that
accrued vacation pay and sick leave may be taken at the option of the employee.
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As with all other temporary disabilities, a physician's certificate is required to
verify the extend and duration of the temporary disability.
An employee who plans to take a pregnancy leave must give as reasonable
notice (not less than four (4) weeks) before the date she expects to take the leave and the
estimated duration of the leave. The City will pay health and welfare benefits at the same
rate as prior to the leave until the employee is released by her physician to return to work
or for sixty (60) days, whichever comes first.
SECTION 17: ADOPTION LEAVE
Upon request, a leave of absence without pay for up to four (4) weeks will be
granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the
option of the employee during this leave time. The City will pay health and welfare
benefits at the same rate as prior to the leave.
SECTION 18: CATASTROPHIC LEAVE
1. The City's Catastrophic Leave Committee will evaluate each individual case
when it is submitted to qualify to receive funds. The only limitation is that the
employee must be the one facing the illness. The committee has the right to
establish standards for the granting of leave, and ask the applicant to submit
further documentation ITom their physician, and to determine the applicant's
eligibility for catastrophic leave.
2. All benefited employees who have passed initial probation with the City 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
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application form together with supporting medical documentation to the
Personnel office when applying for funds.
3. A recipient must have used all of their available leave hours before helshe is
eligible.
4. The minimum time an employee could receive funds would be one week. The
maximum amount is two months (LTD becomes available at this time).
5. Vacation leave will be the only leave that may be donated. An employee may
not donate vacation leave hours which would reduce his/her total accrued
leave balances to less than 120 hours. All leave donations are irrevocable.
6. A vacation transfer drive will be held once a year for employees to donate
vacation leave. Transfers may be in increments of 1 hour or more. All
donations will be confidential. There will be no selling or coercion of
employees to donate. If the bank is depleted a vacation transfer drive may be
held at the request of the Committee.
Donated vacation leave hours will be converted to cash and deposited in a time-bank
where it will be available for distribution. Interest accruing from the bank shall be
credited to the time-bank. Checks will be issued to the recipient with the regular
payroll, which will keep them in an active employment mode with the City, This
procedure prevents overpayments or corrections since it comes after the actual leave
has been taken. (Conversion allows for adjustments for different rates of pay.) No
employee shall receive payment for more than 100% of their regular pay,
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SECTION 19: ABSENCE NOTIFICATION
An employee is expected not absent himself/herselfrrom 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 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 the supervisor on a daily basis unless
otherwise arranged with his/her supervisor. In proper cases, exceptions will be made.
Any unauthorized absence of an employee rrom 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/herself 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 20: TRAINING AND TUITION REIMBURSEMENT
It is the intent of the City to recognize the value of training to its employees; and
to adopt a training policy which will encourage employees to avail themselves of job
related educational opportunities that will advance their knowledge 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 the City for tainting program costs shall
provide a written request for reimbursement to their Department Head. The form
provided shall include the type of program, sponsoring organization or institution, meeting
g times and costs for such program.
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Once a training program has been approved by the Department Head any
employee covered by this Agreement would be eligible for reimbursement unless funds
budgeted for this activity have been exhausted. However, no employee shall receive any
reimbursement until they have provided satisfactory proof of successful completion of the
program.
SECTION 21: CITY SPONSORED RECREATION PROGRAMS
City employees shall have the privilege of enrollment in City sponsored recreation
programs at City residents' fee structure and in preference to non-residents wishing to
enroll.
SECTION 22: DUE PROCESS
In each and every instance involving the issuance of warning notices, suspensions
or the disoùssal or discharge of an employee, such will not be effectuated without the
employee first having been given, in writing the basis for such action being taken and the
.opportunity to question the reasons therefore of hislher supervisor or Department Head.
Said opportunity shall be as soon as is practical after having been served the written notice
and shall not constitute any lioùtation 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.
SECTION 23: LAYOFFS
Layoffs of employees may be made by the Appointing Authority for lack of funds,
lace of work or for other sioùlar and just cause. The order of layoff shall be that which, in
the opinion of the Appointing Authority, will cause the lease disruption of service to the
City,
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Unless otherwise prevented from doing so as a result of conditions or situations
beyond the City's control, the City will provide a minimum of thirty (30) days notice to
any employee subject to being laid off pursuant to the Rule on layoffs.
SECTION 24: REINSTATEMENT
The names of employees affected by layoff shall be placed on 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 ftom the recall list.
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
class he/she previously occupied. Upon reinstatement, the employee for all purposes, shall
be considered as though they had received an original appointment.
]SECTION 25; 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 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 inseparable ftom the remaining portion of the agreement.
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SECTION 27: RATIFICATION
Nothing contained in this memorandum shall be binding upon either the City or the
Association following signing of this memorandum by the parties until it has been ratified
by the Association's membership and presented and approved by the City Council of the
City.
SECTION 28: EXTENDED BENEFITS
It is understood and agreed that any more favorable total compensation package
agreed to by the City with any other bargaining unit of employees during the life of this
agreement will be extended to the Cupertino Employee's Association. The more
favorable terms will be incorporated into this agreement.
SECTION 29: TERM
This agreement shall have effectively commencing at 12:01 A.M" July L 1994
and ending at 11:59 P.M., June 30. 1995,
H~~
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