CC Resolution No. 93900 0
RESOLUTION NO. 9390
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CUPERTINO AND THE OPERATING ENGINEERS LOCAL NO.3
WHEREAS, several discussions have been held over proposals concerning wages,
hours and other terms and conditions of employment between representatives of the city
and the Operating Engineers Local Union No. 3, the 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 ofCupertino and the Operating Engineers Local Union No. 3.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21h day of ,A,uguk,1995, by the following vote:
Y= Members ofthe City Council
AYES: Bautista, Bumett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
AP OVED:
jai
Mayor, City upertino
ATTEST:
City Clerk
MEMORANDUM OF UNDERSTANDING
City of Cupertino
and
Operating Engineers Local No. 3
August 7, 1995 -June 15, 1996
OPERA TING ENGINEERS
INDEX
Category Section Subject Page
DEFINITIONS 1.1 City 1 1.2 Union 1
1.3 Employee 1
UNION RECOGNITION 2.0 Union Recognition 2
NON-DISCRIMINATION 3.0 Union Recognition 2
REPRESENTATION RIGHTS 4.0 Representation Rights 2
EMPLOYEE RIGHTS 5.0 Employee Rights 3
CITY RIGHTS 6.0 City Rights 4
PERMANENT TRANSFERS 7.0 Permanent Transfers 4
NOTIFICATION OF PROPOSED 8.0
CHANGE
Notification of Proposed Change 5
HOURS OF WORK: 9.1 Hours of Work Defined 5
OVERTIME 9.2 Schedules 5
9.3 Rest Periods 6
9.4 Overtime 6
9.5 Payment of Overtime 7
9.6 Compensatory Time Off 7
9.7 Leave Accruals 7
COMPENSATION FOR 10.1 Salary Schedules 8
SERVICES 10.2 Out-Of-Class Wage Rates 8
10.3 Standby Compensation 9
10.4 Callback Pay 9
10.5 Mileage Reimbursement 9
PUBLIC EMPLOYEES 11.0 Public Employee Retirement 9
RETIREMENT CONTRIBUTION System Contribution
HEALTH & WELFARE 12.0 Health & Welfare Benefits 10
BENEFITS
INSURANCE 13.0 Long Term Disability Insurance 10
13.1 Life Insurance 10
PAID ABSENCES 14.1 Fixed Holidays 11
14.1.1 Holiday Pay 12
14.2 Floating Holiday Leave 12
14.3 Vacations 13
14.3.1 Vacation Accrual Rate 13
Category Section Subject Page
SICK LEAVE 14.4 Sick Leave 15
14.5 Personal Leave 15
14.6 Bereavement Leave 15
14.7 Military Leave 15
14.8 Pregnancy Disability Leave 16
14.9 Adoption Leave 16
14.10 Absence Notification 16
14.11 Catastrophic Leave 17
14.12 Family Leave 18
SICK LEA VE ACCUMULATION 15.0 Sick Leave Accumulation 18
CONVERSION Conversion
SAFETY EQUIPMENT 16.0 Safety Equipment 20
TRAINING AND TUITION 17.0 Training & Tuition Reimbursement 21
REIMBURSEMENT
TEMPORARY DISABILITY 18.0 Temporary Disability Benefits Use 22
BENEFITS of Sick Leave to Supplement
Temporary Disability Payments
DISCIPLINARY ACTION 19.0 Disciplinary Action 23
LAYOFFS 20.0 Layoffs 24
REINSTATEMENT 21.0 Reinstatement 25
PERFORMANCE 22.0 Performance Evaluation Process 25
EVALUATIONS
MAINTENANCE WORKER III 23.0 Maintenance Worker III Position 25
POSITION
GRIEVANCE PROCEDURE 24.0 Grievance Procedure 25
IMPASSE PROCEDURE 25.0 Impasse Procedure 28
CONTINUATION OF 26.0 Continuation of Benefits 29
BENEFITS
SEP ARABILITY 27.0 Separability 30
RATIFICATION 28.0 Ratification 30
28.1 Extended Benefits 30
TERM 29 Term 31
PAY GRADES & SALARY Attachment I 32
STEPS
MEMORANDUM OF UNDERSTANDING
Between
CITY OF CUPERTINO
and
OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO
This agreement, entered into the 7th day of August, I 995 between the official
representatives of the City of Cupertino, hereinafter 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, and other 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 supersedes all prior representations and agreements, whether
written or oral.
General Provisions
SECTION I .O: DEFINITIONS
I. I City -the City of Cupertino, a municipal corporation.
I.2 Union
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.
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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 Work I
• Water Utility Worker I
• Maintenance Worker II
• Water Utility Worker II
• Maintenance Worker III
• 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, handicap, sexual orientation or age.
SECTION 4.0: REPRESENTATION RIGHTS
4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or
discriminate against employees of the City because of their exercise or representation right under
Section 3502 of the Government Code.
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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/her 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 or violation of this Memorandum.
4.5 The City agrees to deduct on a bi-weekly 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. The 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.
4.6 The City and the Union desire to work towards a good working environment which
includes productivity and respect for each individual regardless of classification or
representation.
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
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employer-employee relations including wages, hours, and other terms and conditions 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 discriminated against because of his/her exercise of these
rights.
SECTION 6.0: CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of services;
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.
The City shall give forty-five (45) days prior written notice to the Union of the intent and
anticipated impact or proposed contracts for work now being done or new work that could be
done by job classifications represented by the Union.
SECTION 7.0 PERMANENT TRANSFERS
Employees shall be notified in writing of any permanent transfer from one division to
another five (5) days prior to the effective date.
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SECTION 8.0 NOTIFICATION OF PROPOSED CHANGE
City agrees to serve written notice upon the Union of any intent 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 regulation consistent with the agreement.
SECTION 9.0: HOURS OF WORK: OVERTIME
9 .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 work week shall be 40 hours in seven days with two consecutive days off.
9 .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.
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No non-emergency work will be scheduled for weekends, when a holiday falls in
conjunction with a weekend.
Volunteers will be solicited for any shift which begins after 9:00 a.m. If there are no
volunteers, the permanent employee with the least seniority will be assigned for a maximum
period of twelve months.
The City will endeavor to make four month assignments whenever possible.
The City further agrees to review for implementation any proposal by the Union for non-
traditional schedules commonly referred to as flex-time. Such a proposal must address the issues
of fatigue, safety, traffic and neighborhood intrusion.
9.3 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 made nor time off charged
against employees taking authorized rest periods, nor shall any rights or overtime be accrued for
rest periods not taken.
9 .4 Overtime
Overtime shall be defined as any work in excess of Section 9 .1 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.
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9.5 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.
9.6 Compensatory Time Off
At employee's discretion, compensatory time 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 second pay period in December of each calendar year and
3) the request is made in writing.
Compensatory time may be accrued, up to 60 hours but must be taken before the first pay
period in December. 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 of
December and before the first pay period in January must be paid in cash at the rate of time and
one half.
9. 7 Leave Accruals
An employee shall not accrue vacation or sick leave credits during a pay period if off
without pay for more than 40 hours during said pay period.
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10.l Wage Rate Schedules
The following approximate monthly salary ranges will apply for each classifications
effective August 7, 1995:
Classification
Equipment Mechanic
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Water Utility Worker I
Water Utility Worker II
Approximate Monthly
Salary Range
$3,051 -$3,708
$2,515 -$3,057
$2,641 -$3,212
$2,912 -$3,542
$2,515 -$3,057
$2,830 -$3,439
Pay
Grade
705
701
702
703
701
704
The City agrees to pay a 10% differential to employees assigned to lead responsibilities
for the work furlough program. Other employees assigned to the work furlough program will
receive a 5% pay differential.
The City agrees to conduct a total compensation survey of all the cities in Santa Clara
County. The City further agrees to make salary adjustments prior to any annual adjustment made
in 1996-97 to ensure Cupertino employees' total compensation is within the highest four cities.
10.2 Out-of-Class
Temporary assignments to a position assigned to a classification in a higher pay grade
shall be compensated at a rate seven and one half percent greater than that of the regular position,
for the number of hours so assigned.
The temporary assignment shall be authorized in writing by the Supervisor or
Superintendent of Public Works. No employee shall work in a higher classification without
written notice. A copy of the authorization shall be submitted with the timesheet for the affected
pay period. No increase in the wage rates shall apply in instances of Maintenance Worker I
positions temporarily assigned to positions of Maintenance Worker II classification.
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10.3 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 $125 per employee per 128 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.
10.4 Callback Pay
If any employee is called or required to report for assigned emergency or other duties
during the period of the close of the regular work day and the start of the next following work
day, compensation shall be paid at one and one-half (1 1/2) times the normal rate of 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 (11/2) times.
Under such circumstances a minimum payment will be made equivalent to two hours at one and
one-half (1 112) times the normal rate of pay.
10.5 Mileage Reimbursement
Employees who are required to use their personal vehicles for City Business shall be
reimbursed for such use at the rate established by the IRS.
SECTION 11.0: PUBLIC EMPLOYEES RETIREMENT 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.
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SECTION 12.0: 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 premium cost the amount of $441.50 per
month during the period of August 1, 1995 through June 30, 1996.
Required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee. In instances where the premium for the insurance plan selected is
less than the City's maximum premium contribution, the City agrees to pay a sum equal to the
difference to a deferred compensation plan in the employee's name.
SECTION 13.0: LONG TERM DISABILITY
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. Employees may use sick leave
and vacation leave to supplement lost wages.
13 .1 Life Insurance
The City shall provide life insurance and accidental death and dismemberment coverage
for each employee in the amount of five times annual salary to a maximum benefit of $250,000.
Employees may be eligible to purchase additional life insurance subject to the provisions of the
insurance policy.
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SECTION 14.0: PAID ABSENCES
14.1 Fixed Holidays
The City shall provide the following fixed paid holidays for eligible employees covered
by this agreement:
I. New Year's Day 7. Thanksgiving Day
2. Washington's Birthday 8. Day Following Thanksgiving
3. Memorial Day 9. Christmas Eve (1/2 shift)
4. Independence Day 10. Christmas Day
5. Labor Day 11. New Year's Eve (1/2 shift)
6. Veteran's Day 12. Martin Luther King Day
When a holiday falls on a Sunday, the following Monday shall be observed as the non-
work day. When a holiday falls on a Saturday, the previous Friday 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.
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14.1.1 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 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 considered as working their regular schedule for pay
purposes.
14.2 Floating Holiday Leave
In addition to the foregoing paid holidays, eligible employees shall be allowed to
schedule 20 hours as additional holiday leave be taken in increments of not less than one (1)
hour. This floating holiday leave shall be taken at dates of the employee's election provided: 1)
that prior supervisor approval be obtained, and 2) be taken before the end of the second pay
period in December of each calendar year.
For new employees, floating holiday leave will be prorated in the following manner:
1. Employees hired after January 1 but before April 1 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.
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14.3 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. Accrued vacation may be taken with prior supervisory approval. 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 of vacation 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 accrued vacation of at least 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 one day, maximum exchange will be five days.
All changes are irrevocable.
14.3.l Vacation Accrual Rate
During the first three years of employment, an employee shall earn vacation credit on the
basis of 516 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 (11/4) work days or the hourly equivalent for each complete
month of continuing service.
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During the tenth year of employment and thereafter, an employee shall earn vacation
credits at the rate of one and five-twelfths (1 5/12) work day 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) work day or the hourly equivalent for ·each month
of completed continuous service.
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 day or the hourly equivalent for each month
of completed continuous service. 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.
14.3.2 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/her 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 ..
14.3 .3 On termination of employment or on receiving a leave of absence of more than
three (3) months, an employee who has completed 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.
14.3.4 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.
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14.4 Sick Leave
All full time employees, other than those holding temporary status, shall earn eight (8)
hours per month sick leave time without limit on accumulation. Those 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.
With proper notice and approval of the supervisor, sick leave shall be taken in periods of
no less than one-half (1/2) hour increments.
14.5 Personal Leave
The City shall allow accumulated sick leave to be used for conducting personal business
which cannot be conducted outside regular working hours or for family medical emergencies.
14.6 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. Close relatives are defined as mother, father,
sister, brother, wife, husband, child, grandparent, grandchildren, mother-in-law and father-in-law.
14.7 Military Leave
Military leave shall be granted in accordance with the provisions 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.
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14.8 Pregnancy Disability Leave
A pregnant employee is entitled to up to four months leave of absence without pay for
temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom.
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.
As with all other temporary disabilities, a physician's certificate is required to verify the
extent and duration of the temporary disability.
An employee who plans to take a pregnancy leave must give a reasonable notice (not less
than 4 weeks) before the date she expects to take the leave and the estimated duration of the
leave until the employee is released by her physician to return to work or for sixty (60) days,
whichever comes first.
14.9 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.
14.10 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, and 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.
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If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the
employee must notify 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 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.
14.11 Catastrophic Leave
1. 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 their physician to determine the
applicant does suffer a catastrophic or life-threatening illness.
2. 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.
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3. 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 application
form together with supporting medical documentation to the Personnel Officer when
applying for funds.
4. A recipient must have used all of their available leave hours before he/she is eligible.
5. The minimum time an employee could receive funds would be one week. The
maximum amount is two months (LTD becomes available at this time).
14.12 FAMILY LEAVE
The City of Cupertino will comply with State and Federal Family Leave Laws.
SECTION 15.0 SICK LEA VE ACCUMULATION CONVERSION
15 .1 If upon retirement, which shall require the formal filing of the appropriate forms
with the Public Employees Retirement System, employee has 320 hours of accumulated sick
leave a cash payment will be made equivalent to eighty-five percent (85%) of the dollar value of
the unused sick leave balance. Dollar value for such payment shall be calculated at wage rate
which is the average of the preceding five (5) years for the employee.
15.2 If upon resignation for other than discharge with just cause, an employee has 320
hours of accumulated sick leave a cash payment will be made equivalent to seventy percent
(70%) of the dollar value of the unused sick leave balance. 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.
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15 .3 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
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 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.
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.
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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. 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 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.
NOTE: As used in this document, "reverse ration" is intended to mean that the ration of sick
leave to vacation will revert to the original ratio at the time the initial exchange was
implemented.
SECTION 16.0: SAFETY EQUIPMENT
The City will pay $300.00 to employees for the purchase of safety equipment during the
1995-96 fiscal year as outlined below:
a) rain gear
b) hard hats
c) vests
d) safety shoes
e) goggles/safety glasses
f) gloves
g) ear plugs
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The City shall retain the right to establish minimum safety and quality standards for the
clothing an~ safety equipment to be used while performing assigned tasks.
For new employees the $300.00 safety and equipment allowance will be prorated from
the date of employment through the end of the fiscal year in which appointed (June 30).
Any employee who, for whatever reason, terminates his/her employment with the City
before the beginning of the next fiscal year, shall return to the City the prorated value of said
safety equipment allowance.
The City will provide and launder shirts or overalls to be worn while carrying out the
duties of the City.
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/she is at the work site with
the required clothing and/or safety equipment.
SECTION 17.0: 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 training program costs shall provide a written request for
reimbursement to their immediate supervisor. The request shall include the type of program,
sponsoring organization or institution, meeting times and costs for such program.
21
A copy of the supervisor & superintendent's recommendation to the department head
shall also be provided to the employee. The employee will initial supervisor's comments and the
superintendent's recommendation prior to going to the department head for approval or denial.
Once a training program has been approved, 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.
17.1 Safety/Training Committee
The City and the Union agree to form a committee to jointly develop a safety/training
program to include, but not limited to: CPR, first aid, safe work habits and emergency response
roles. The City and the Union shall each have two (2) members on the committee.
SECTION 18.0: 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 responsibilities normally assigned to that job is
entitled to receive temporary disability payments as prescribed by state law.
18.1 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.
22
SECTION 19.0 DISCIPLINARY ACTION
The City has a policy of progressive discipline. When the need for discipline arises, the
minimum disciplinary action will be taken commensurate with the seriousness of the offense
which has resulted in such discipline. The severity of the discipline will increase if corrective
action is not taken.
The first and/or most modest step of progressive discipline in the case of minor breaches
of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach
continues, or the offense is more than minor, in the judgment of the supervisor, the employee
shall be notified through the issuance of an infraction notice. Such infraction notices shall
remain in the supervisor's file and be destroyed after twelve months.
Should the offense, in the judgment of the supervisor, be so serious or be of a continuous
nature, the supervisor shall recommend more serious reprimand measures or disciplinary action
to the Superintendent. These measures would include, but not be limited to, written reprimands,
suspensions and termination.
When the disciplinary action recommended by the supervisor, and with the concurrence
of the Superintendent, would impact "property rights" of the employee as defined by the courts
of California, it shall be referred to the Director of Public Works.
A written notice from the Director of Public Works to the employee at least five days
prior to any action, shall state the proposed disciplinary action. The notice shall also contain:
1. effective date and time of the proposed action
2. the alleged reason for the proposed action
3. the acts or omission which support the allegation
23
4. the materials upon which the allegation(s) are based and access to any other
related items
5. a "Skelly pre-disciplinary statement as to the rights of the employee to respond
either orally or in writing to the Director of Public Works prior to the effective
date of the proposed action; and the employee's right of appeal
6. a statement that the action will become final if the employee fails to respond to
the notice within the specified time
It is understood that an employee's request for a Skelly hearing will postpone the
effective date of action until the Skelly has been heard and the City has responded to issues
raised in the Skelly hearing. In this case the effective date will be five (5) days from the
Director's response.
SECTION 20.0: 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 c~use the least disruption of service to the City; taking into
consideration seniority, performance or whether the employee's skills can be replaced by the
existing work force. However, 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 holding 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.
24
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 21.0: REINSTATEMENT
With the approval of the appointing authority, a permanent or probationary employee
who has resigned with a good record or been recalled from a layoff action may be reinstated
within twenty-four months of the effective date ofresignation 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.
SECTION 22.0: PERFORMANCE EVALUATION PROCESS
Copies of the standardized performance evaluation procedure will be readily available to
Public Works employees in the service office.
SECTION 23.0: MAINTENANCE WORKER III POSITIONS
The City agrees that an acting Maintenance Worker III will be assigned to lead a crew
whenever asphalt work is done.
SECTION 24.0: GRIEVANCE PROCEDURES
Definition and Procedure: a grievance is a dispute or difference of opinion raised by an
employee against the City involving the meaning, interpretation or application of the express
provisions of this Agreement or the Rules on Conditions of Employment 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.
25
The supervisor shall give the employee an oral answer within five (5) calendar days after such
presentation.
Step 2: If the grievance is not settled in Step I 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 Agency. The written grievance shall contain a complete statement of the facts,
the provisions 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 settlement 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 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.
26
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.
(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.
27
(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 compensating 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 violation, 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 recommendation 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 advisory only.
SECTION 25.0: IMPASSE PROCEDURE
The following procedures, extracted from the Municipal Code (Section 2.52.410), shall
apply in the event the parties are unable to resolve and impasse satisfactorily:
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:
28
1. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation pro-
ceedings 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 issues. 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 of the City and one-half by the employee organization or employee
organizations.
SECTION 26.0: 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.
29
SECTION 27.0: SEPARABILITY
In the event any provisions 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 from the remaining portion of the agreement.
SECTION 28.0: 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.
28.1 Extended Benefits
It is understood and agreed that any more costly 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 Union. The more favorable terms will be incorporated into this agreement.
30
SECTION 29.0: TERM
This agreementshall have effectively commencing at 12:01 a.m. August 7, 1995 and
ending at 11 :59 p.m. June 15, 1996.
OPERA TING ENGINEERS LOCAL
UNION NO. 3
Ralph E .. Garcia
ll:!J!!~--
Daniel A. Lorenz ~
w~,fl) &t{fe ·.
Willian1 Bridge
Date:. ~ -~ 0/ ~ Cf c:;;-
Reviewed by City Attorney: ·
Charles Kilian
Date:. __________ _
IA Ci + /J_t;'I /0115 Date: {lj ~ \L/ J ,,c. _ _ v I
31
Attachment I
Pay Grades and Salary Steps
32
F I N A N C I A L F I L E L I S T RUN-7/03/95 13.42.21 PAGE 049
SALARY RANGE/STEP INFORMATION - s (TYPE B=BI-WEEKLY,S=SEMI-MONTHLY,M=MONTHLY,Y=YEARLY) PR440R-V03.071 BRC PAYMATE
RANGE TYPE STEP-A STEP-B STEP-C STEP-D STEP-E STEP-F STEP-G STEP-H STEP-I STEP-J
0701 B 1160. 59 1218.75 1279.55 1343.88 1410.86 o.oo o.oo o.oo 0.00 0.00
s 1257.30 1320. 31 1386.18 1455.87 1528.43 0.00 0.00 o.oo 0.00 0.00
M 2514.61 2640.63 2772.37 2911. 75 3056.86 0.00 0.00 o.oo o.oo 0.00
y 30175.35 31687.56 33268.49 34941. 09 36682.41 o.oo o.oo o.oo o.oo 0.00
0702 B 1218.75 1279.55 1343.88 1410.86 1482.24 0.00 0.00 0.00 0.00 0.00
s 1320.31 1386.18 1455.87 1528.43 1605.76 0.00 0.00 o.oo o.oo o.oo
M 2640.63 2772. 37 2911.75 3056.86 3211.52 o.oo 0.00 o.oo 0.00 o.oo
y 31687.56 33268.49 34941. 09 36682.41 38538.29 o.oo o.oo o.oo o.oo o.oo
0703 B 1343.88 1410.86 1482.24 1556.26 1634.69 o.oo o.oo o.oo 0.00 0.00
s 1455.87 1528.43 1605.76 1685.95 1770. 92 0.00 o.oo o.oo 0.00 0.00
M 2911. 75 3056.86 3211. 52 3371.90 ,;':f5ii: e.f'; o.oo o.oo o.oo 0.00 0.00
y 34941. 09 36682.41 38538.29 40462.91 42502.11 0.00 0.00 o.oo 0.00 0.00
0704 B 1305.99 1371. 20 1439.94 1512.20 1587.10 0.00 0.00 o.oo o.oo 0.00
s 1414.82 1485.47 1559.93 1638.22 1719.36 o.oo o.oo o.oo 0.00 o.oo
M 2829.65 2970.94 3119. 87 3276.44 '~fii3J"7'~/r ' 0.00 0.00 o.oo 0.00 0.00
y 33955.86 35651. 36 37438.51 39317.31 41264.85 o.oo 0.00 0.00 o.oo 0.00
0705 B 1408.21 1478. 71 1552.74 1630.29 1711. 36 0.00 0.00 0.00 0.00 o.oo
s 1525.56 1601. 94 1682 .13 1766.14 1853.97 o.oo o.oo o.oo o.oo 0.00
M 3051.13 3203.88 3364.27 3532.29 3707.95 0.00 o.oo o.oo o.oo 0.00
y 36613.67 38446.66 40371. 28 42387.54 44495.46 0.00 0.00 0.00 0.00 0.00