CC Resolution No. 19-084 Amending a Memorandum of Understanding Between the City of Cupertino and IFPTE Local 21 Cupertino Employees' Association for the Period of July 1, 2019 to June 30, 2022 RESOLUTION NO. 19-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CUPERTINO AND IFPTE LOCAL 21/CUPERTINO
EMPLOYEES'ASSOCIATION FOR THE PERIOD OF
JULY 1, 2019 TO JUNE 30, 2022
WHEREAS, meetings have been held over proposals concerning wages, hours, !
and other terms and conditions of employment between representatives of the City of
Cupertino and of IFPTE Local 21/Cupertino Employees' Association; and
WHEREAS, the agreement mutually obtained through these meetings has been
recorded in a Memorandum of Understanding to be 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 for the
period of July 1, 2019 to June 30, 2022 between the City of Cupertino and IFPTE Local
21/Cupertino Employees' Association, attached and incorporated as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 161h day of July 2019 by the following vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Steven Scharf,Mayor Date
City of Cupertino
ATTEST: Q
Grace Schmidt,City Clerk Date
MEMORANDUM OF UNDERSTANDING
City of Cupertino
And
IFPTE Local 21,
Cupertino Employees' Association (CEA)
July 16, 2019 -June 30, 2022
Table of Contents
Category Section Page Number
No Discrimination 1
Association Rights 2
Management Rights 3
Salary Schedule 4
Out of Classification& Acting Pay 5
Bilingual Pay Differential 6
Hours of Work—Overtime 7
Call Back Pay 8
Stretch Assignments 9
Contracting Out 10
Facilities Closure 11
PERS Contribution 12
Insurance Coverage 13
Safety Footwear 14
Holidays 15
Workers Compensation Benefits 16
Vacation 17
Sick Leave 18
Sick Leave Verification 19
Bereavement Leave 20
Military Leave 21
Pregnancy Disability Leave 22
Adoption Leave 23
Catastrophic Leave 24
Absence Notification 25
Family Medical Leave Act 26 i
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Education Reimbursement Program 27
City Sponsored Recreation Programs 28
Due Process 29
Grievance Procedure 30
Layoff Procedure 31
Reinstatement 32
Continuation of Benefits 33
Separability 34
Ratification 35
Reopener 36
Term 37
Total Compensation Surveys 38
Salary Schedule Exhibit A
Equity Adjustment Schedule Exhibit B
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CUPERTINO
AND
IFPTE LOCAL 21, CUPERTINO CITY EMPLOYEES' ASSOCIATION
This is a three(3)year agreement, entered into the first full pay period after Association
ratification and adoption by the City Council of this successor MOU and ending on June 30,
2022 between the City of Cupertino, hereinafter referred.to as "City", and representatives of
IFPTE Local 21 Cupertino City Employees' Association, hereinafter referred to as
"Association",pursuant to California Government Code 3500 et seq., and the City Employer-
Employee Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is
the recognized sole and exclusive representative. This agreement represents the full and
integrated agreement reached between the parties.
The Association may select not more than five (5) employees of which no more than two (2)
may be from the same City department to be members of the CEA bargaining team for the
purpose of negotiating a successor memorandum of understanding (MOU). The Association
shall provide the City with the names of the selected successor MOU bargaining team within
thirty(30) days of the first day of negotiations.
Classifications in the Association:
Account Clerk I
Account Clerk II
Assistant Engineer
Assistant Planner
Associate Civil Engineer
Associate Planner
Building Inspector
Case Manager
Code Enforcement Officer
Community Outreach Specialist
Engineering Technician
Environmental Compliance Technician
Environmental Programs Assistant
Environmental Programs Specialist
Facility Attendant
GIS Technician
Multimedia Communication Specialist
Office Assistant
Permit Technician
Plan Check Engineer
Public Works Inspector
Receptionist/Clerk
Recreation Assistant
Recreation Coordinator
Senior Building Inspector
Senior Code Enforcement Officer
Senior Engineering Technician
Senior Office Assistant
Senior Planner
Senior Traffic Technician
Special Programs Coordinator
Traffic Signal Tech-Apprentice
Traffic Signal Technician
Traffic Technician g
SECTION 1: NO DISCRIMINATION
In accordance with the City of Cupertino Equal Employment Opportunity policy, the
City will afford equal opportunity to all qualified employees, applicants and unpaid interns as
to all terms and conditions of employment,including compensation,hiring,training,promotion,
transfer, discipline, and termination, without regard to race, color, religion,political affiliation,
national origin, sex (including gender, gender identity, gender expression, transgender,
pregnancy and breastfeeding), disability, sexual orientation (including heterosexuality,
homosexuality and bisexuality), age, ancestry, citizenship status, uniformed service member
status, marital status, medical condition, genetic information or characteristics, or for
Association activity or any other basis protected by law.
SECTION 2: ASSOCIATION RIGHTS
The City and the CEA recognize the right of employees to form,join, and participate in lawful
activities of employee organizations and the equal, alternative right of employees to refuse to
form,join, and participate in employee organizations. Neither party shall discriminate against
an employee in the exercise of these alternative rights. Accordingly, membership in the CEA
shall not be compulsory.
2.1 Automatic Payroll Deduction and Remittance
Upon certification by CEA that an employee has signed a deduction authorization, the City {
will deduct the appropriate dues from the employee's pay, as established and as may be
changed from time to time by CEA,and remit such dues to CEA. Employee requests to cancel
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or change deductions must be directed to CEA rather than to the City.An employee wishing s
to cancel or change deductions must mail a written revocation to CEA in accordance with
the terms of the authorization form,or absent any such terms,by mailing a written,revocation
to CEA that is postmarked during the thirty {30) day period immediately prior to the annual
anniversary date on which the employee signed the original authorization form. Deductions
will continue unless and until the City is notified by CEA of any requested changes.
2.2 Access to New Employees
The Employer shall provide CEA written notice of, and access to, new employee orientation
as set forth below.
A. Notice: The Employer shall provide at least 10 days' written notice by email, to I
addresses that CEA shall provide, of any new employee orientation for positions in a
CEA-represented classification, where information regarding employment status,
rights, benefits, duties,responsibilities, or any other employment-related matter is
provided. Less than ten(10) days' written notice may be provided where there is an
urgent need critical to the City's operations that was not reasonably foreseeable.
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B. Access: CEA shall notify the new employee and labor relations of a proposed thirty
minute time slot, during normal working hours, for a maximum of two representatives,
which may be either CEA members or IFPTE Local 21 affiliate representatives, to
meet privately with the new employee. The purpose of the meeting shall be to provide
information and communicate to its member the rights and obligations created by the
contract and the role of the representative, and to answer questions, without
management personnel or any other persons present. One representative may be a
bargaining unit member, and any such bargaining unit member shall be on without-
loss-of-pay status provided the member gives his/her supervisor sufficient advance
notice.
1. For reasons of operational necessity only, the Employer may notify CEA that the
proposed time is unworkable and that CEA must propose an alternate time.
C. Information Exchange: Within thirty(30) days of hiring a new employee, or by the
first pay period of the month following hire, the employer will provide IFPTE Local
21 with the below listed information in a digital or other usable data format:
1) Name
2) Job Title
3) Department
4) Work Location
5) Telephone number(s) [work,home and personal cellular]
6) Personal email address on file with employer
7) Home address of the new hire
Similarly,the City of Cupertino will also provide CEA with the above detailed
information for all employees within the bargaining unit at least every ninety(90)
calendar days in a digital or other usable data format.
The above information shall not be provided to CEA if the new hire or current
employee within the bargaining unit makes a written request to opt out of such
disclosure. Upon written request of the employee,the City will not disclose the
employee's home address,home telephone number,personal cellular telephone
number, or personal email address to CEA, in accordance with Cal. Gov. Code Section
6254.3(c).
D. The ability to have a CEA representative present as part of orientation/onboarding
shall not result in a delay of an employee's start date.
E. Resolution of the above language satisfies the City's bargaining obligations under AB
119, Government Code Section 3555-3559.
2.3 Hold Harmless
CEA shall indemnify and hold the City harmless from any and all claims,demands,suits,or
any other action arising from the maintenance of dues deductions or from complying with
any demand for termination hereunder, provided that the City promptly provide notice to
CEA of any claim,demand, suit,or other action for which it is seeking indemnification.
CEA shall certify to the City of Cupertino that the Association has received and will
maintain an authorization,signed by each individual employee from whose salary orwages
a deduction or reduction is to be made. CEA will maintain individual employee
authorizations, and shall not be required to provide a copy of an individual authorization
to the City unless a dispute arises about the existence or terms of the authorization. CEA
shall indemnify the City for any claims made by an employee for deductions made in
reliance on that certification.
2.4 Administrative Processing of CEA Dues
CEA shall provide the City with a thirty day advance written notice of any changes in the annual
dues deduction amounts. CEA, which has affiliated with IFPTE Local 21, AFL-CIO shall
provide the City with instructions regarding dues deductions to be remitted to IFPTE Local 21.
2.5 Reasonable Time Off to Meet and Confer
As a representative of a recognized employee organization, CEA Board members may be
selected to attend scheduled meetings with City representatives on subjects within the scope of
representation during regular work hours without loss of compensation. For contract
negotiations, CEA may select not more than six employee members to attend bargaining
sessions. Where circumstances warrant, Human Resources may approve the attendance of
additional employee representatives without loss of compensation, at either labor negotiations
or Labor Management Committee, or other meet and confer meetings.
2.6 Stewards
CEA may designate a reasonable number of employees to represent other employees in
disciplinary or grievance matters and to investigate matters within the scope of
representation. CEA shall provide written notice to the City of the designated stewards and
shall notify the City of any changes to the list. Stewards shall conduct their representation
activities on their own time and on the employee's own time unless it is an emergency
situation, which would still require approval from the appropriate supervisor or manager in
order to leave the job site. Time off without loss of compensation shall be allowed for
management approved meetings. Unless authorized, only one steward shall be released on
work time to attend such meetings for any one grievance, discipline, or representation matter.
2.7 Activities on City premises
Representatives of CEA shall be granted reasonable access to employee work locations to
investigate matters relating to employer-employee relations, unless such access to given
work locations would constitute a safety hazard or would interfere with the operations of the
City. CEA/IFPTE Local 21 field representatives shall not enter a work location without first
advising the department head or Human Resources office.
SECTION 3: MANAGEMENT RIGHTS
Consistent with the MMBA, it is the exclusive right of the City of Cupertino to direct its
employees; take disciplinary action for proper cause;relieve its employees from duty because
of lack of work or for other legitimate reason; classify and reclassify positions; and determine
the methods,means, and personnel by which the City's operations are to be conducted. Any
of the rights,powers and authority the City had prior to entering into this Agreement are
retained by the City except as expressly provided in this section.
While exercising its rights pursuant to the section, the City agrees to meet and confer with
CEA representatives over matters within the statutory scope of bargaining.
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SECTION 4: SALARY SCHEDULE
Monthly salary ranges as listed on Exhibit A will apply for each classification effective
at the beginning of the pay period in which July 1 occurs unless otherwise noted below.
Effective the first full pay period after Association ratification and adoption by the City
Council of this successor MOU, a 4.0% salary increase will be added to the salary range of each
classification in this bargaining unit.
Effective the first full pay period in July 2020, a 3.50% salary increase will be added to the
salary range of each classification in this bargaining unit.
Effective the first full pay period in July 2021, a 3.0% salary increase will be added to
the salary range of each classification in this bargaining unit.
In addition,total compensation equity adjustments as identified in the City's 2019 Total
Compensation Surveys. Effective the first full pay period after Association ratification and
adoption by the Council of this successor MOU salaries ranges shall be adjusted as listed on
Exhibit B.
SECTION 5: OUT-OF-CLASSIFICATION AND ACTING 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,but not more than the maximum step
of the higher class, whichever is greater, for the number of hours so assigned. In order to
qualify for Out-Of-Classification pay, an employee shall work a minimum of 4 hours per day
in the temporary assignment. An employee may be assigned to work out of class in a higher
classification when there is a vacant position for which a recruitment is being, or will be,
conducted. Out of class assignments may not exceed 960 hours in a fiscal year.
Compensation for work performed in an out-of-class capacity is included for purposes of
calculating CalPERS compensation,however, this is at the discretion of CalPERS and future
changes to CalPERS regulations would supersede the language of this section.
An employee may receive acting pay for working in a higher classification where a vacancy
does not exist, in the case of an incumbent being on vacation or leave of absence, or due to the
employee being asked to perform higher level work on any other temporary basis. Acting pay
is not included for purposes of calculating CalPERS compensation.
The higher rate of pay shall be used in computing overtime when authorized overtime is
worked in a non-exempt, out of class or acting work assignment. When a non-exempt
employee is working out of class or acting in an exempt position for 20 hours or more in a
work week, the employee will be ineligible to receive overtime pay for any and all hours
worked in the exempt classification during that work week.
All requests for out of class pay or acting pay must be approved by the Director of
Administrative Services or his/her designee.
SECTION 6: BILINGUAL PAY DIFFERENTIAL
An employee must have taken and passed the required language proficiency test(s)prior 1
to being asked to use bilingual skills for City work. An employee who performs bilingual work
as approved by their supervisor is eligible to receive a 7.5%bilingual pay differential only for I
the work time during which the employee uses bilingual skills. For payroll reporting purposes,
the 7.5%bilingual pay differential will be recorded with a 15 minute minimum. Bilingual pay
is not available retroactively to passing the exam.
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SECTION 7: HOURS OF WORK: OVERTIME
7.1 Hours of Work Defined
Hours worked shall include all time assigned by employer 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.
Alternate Work Schedules (AWS) may be considered, including 9/80 and 4/10, but must be
approved in advance by the Department Head. The City reserves the right to re-evaluate such
approvals if the Alternate Work Schedule results in an undue burden to the City.
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7.2 Overtime
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Overtime shall be defined as any work in excess of 40 hours in a seven day work period.
Holidays and paid time off shall count toward the accumulation of the work week.
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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. i
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7.3 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 j
of work will be made after ten days prior notice.
7.4 Rest Periods and Meal Breaks
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.
All employees shall be required to take an uninterrupted, unpaid meal period of a minimum of
30 minutes and a maximum of 60 minutes at or about the midpoint of their work day. The
length of the meal period and the time the meal period is taken shall be agreed to between the
employee and their supervisor or department head,based on operational necessities.
Employees are entirely relieved of responsibilities and restrictions during their meal period,
unless they are assigned, in writing, to work an on-duty meal period, which will be treated as
paid time. Employees may not use the meal break to reduce their regular daily work
schedule,unless previously approved by their supervisor.
7.5 Payment of Overtime
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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.
7.6 Compensatory Time Off(CTO)
At the employee's 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 that prior supervisory
approval has been obtained.
CTO time may be accrued for up to 80 hours per calendar year. Any CTO earned
exceeding 80 hours will be paid at the rate of time and one-half. An employee may carry over
the unused balance into the next calendar year. Any unused carryover balance will be
automatically paid out at the end of the calendar year.
An employee may exercise his/her option two times each calendar year to convert any/or
all accumulated compensatory time to cash.
7.7 Leave Accruals
An employee shall not accrue leave credits (vacation, sick leave) during a pay period if
off without pay for more than 40 hours during said pay period.
SECTION 8: CALL BACK PAY
If an employee is required to report for emergency or other duties during the employee's off-
duty hours, the employee will be compensated at a rate of time and one half their base hourly
rate for all hours worked, including necessary travel time.
SECTION 9: STRETCH ASSIGNMENTS
As part of the City's Succession Development program, association members may be eligible
for voluntary"stretch assignments". Stretch Assignments differ from work out of class or
acting assignments, and serve to prepare employees for future promotional opportunities
within the City. Examples of stretch assignments include shadowing management staff,
assisting with special projects or tasks; and cross-departmental training opportunities. Stretch
assignments are voluntary and receive no additional compensation. Stretch assignments may
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be requested by employees, or offered by department management staff, however, such
assignments should not impact the employee's regular workload or position and should not
result in overtime hours. Stretch assignments are offered solely at the discretion of
management and are not grievable. Stretch assignments shall not be utilized to cover the
work of an unfilled position or to cover work assignments of an employee on leave.
SECTION 10: CONTRACTING OUT
If contracting out bargaining unit work to outside contractors would result in layoff of
bargaining unit members, the elimination of a bargaining unit position, or a permanent
reduction in the hours worked by current bargaining unit employees, then the City shall meet
the following requirements:
1) The City will give CEA notice of at least sixty(60) days before the effective date of
the outside contract.
2) Within such sixty(60) day period, CEA will have the opportunity to meet and confer
on the impact of the contracting out on bargaining unit employees, and an opportunity
to propose alternative ways in which such services could continue to be provided by
the City workforce or alternate possibilities for cost savings. Nothing in this section
shall be construed to limit the rights of the City to contract out work under the terms
and conditions of this section.
Nothing in this section shall be construed to limit the rights of the City to enter into temporary
contracts (less than one year) or contracts to fill an immediate need(such as a vacant
position).
SECTION 11: FACILITIES CLOSURE
City facilities* will be closed from December 24 through January 1, of each year during the
term of the contract only. Employees may use vacation, CTO, floating holiday, administrative
leave,or leave without pay for work time missed during the closure week. With Supervisor and
Department Head prior approval, an employee may opt to work during the facility closure.
*The Sports Center and Blackberry Farm Golf Course may remain open on facilities
closure days staffed by part-time employees
SECTION 12: PUBLIC EMPLOYEES RETIREMENT (PERS) CONTRIBUTION
A. For Employees hired on or before December 29, 2012 Only
For City of Cupertino employees hired by the City of Cupertino on or before December 29,
2012, the City has contracted with CalPERS for a 2.7% @55 retirement formula.
Effective in the first full pay period in July 2017, each employee in the 2.7% at 55 Classic
formula shall pay the fall eight percent (8.0%) of applicable PERSable salary towards the full
employee share of CalPERS pension contribution.
B. For employees hired by the City of Cupertino on December 30,2012 or on
December 31,2012 or a current CalPERS employee who qualifies as a classic
member under CalPERS Regulations Only.
For employees hired by the City of Cupertino on December 30,2012 or on December 31,
2012 or a current Ca1PERS employee who qualifies as a classic member under Ca1PERS
Regulations only the City has contracted with CaIPERS for a 2.0% @ 60 retirement formula
based on a three year average compensation.
Effective October, 2016, the City shall not pay the employee's contribution share to the
California Public Employees Retirement System(Ca1PERS) and each employee shall pay the
full seven percent(7.0%) of applicable PERSable salary towards the employee's contribution
share of CalPERS pension under this formula.
C. For employees hired by the City of Cupertino on of after January 1, 2013, or
former Ca1PERS employees that do not qualify as Classic employees hired by the
City of Cupertino on or after January 1,2013 Only
For employees hired by the City of Cupertino on or after January 1, 2013, Ca1PERS has by
statute implemented a 2% @ 62 formula based on a three year average compensation.
Employees in this category shall pay 50% of the normal cost rate as determined by Ca1PERS.
SECTION 13: INSURANCE COVERAGE
13.1. Health- Medical and Dental Insurance
City agrees to pay an amount as set forth herein for medical coverage for employee and
dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For
each participating employee, the City shall contribute the maximum toward premium cost per
month for health and dental during the term of this agreement as follows:
Effective January 1, City Max Health City Max Dental City Total Max
2020 Contribution Contribution* Contribution
Employee 848.87 126.78 975.65
Employee+1 1,443.09 126.78 1,569.87
Employee+2 1,876.01 126.78 27002.79
January 1, 2021 City Max Health City Max Dental City Total Max
Contribution Contribution Contribution
Employee 891.32 126.78 1,018.10
Employee+1 1,515.24 126.78 1,642.02
Employee+2 1,969.81 126.78 2,096.59
January 1, 2022 City Max Health City Max Dental City Total Max
Contribution Contribution Contribution
Employee 935.88 126.78 1062.660
Employee+1 1,591.01 126.78 1,717.79
Employee+2 2,068.31 126.78 29195.09
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Required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee. The City no longer pays medical insurance cash back (excess
of the monthly premium less the cost of the medical coverage) for any employees.
Effective July 1, 2010, employees that retire or.resign from service with the City of
Cupertino and who are not eligible for retiree medical benefits as defined in the Summary of
Benefits can continue on the Cupertino medical and dental plans provided that they pay the
premiums in full.
The City reserves the right of selection and administration as to deferred compensation
plan(s).
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,the contract i
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.
If during the term of this agreement, new medical plans are identified that will be
beneficial to the City and CEA, the contract will be reopened to discuss these plan options.
Health deductions for employee payments towards PEMHCA premiums shall occur on
a bi-monthly basis consistent with CalPERS required PEMHCA payment schedule.
13.2 Health In Lieu Payments
The City shall provide a payment of$375 per month in lieu of health care premiums,
for bargaining unit employees who provide proof of alternate coverage. This payment shall be
in the form of a contribution to the employee's deferred compensation plan.
13.3 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. Employees may be eligible to purchase additional life insurance subject to the
provisions of the insurance policy.
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13.4 Short Term and Long Term Disability Insurance
CEA employees will participate in California State Disability Insurance (SDI). SDI
weekly benefits are determined by the State of California and information is available on the
State of California Employment Development Department website. Employees may use leave
banks to supplement lost salary during the 7 day elimination period. Bargaining unit members
shall pay the 1%cost of CA SDI,which will be deducted from their biweekly paychecks. Until
full enrollment in CA SDI becomes effective, bargaining unit members will continue to be
covered by the current Short Term Disability plan during the transition. Integration of SDI with
the City's current Short Term Disability plan will be in accordance with SDI rules and
regulations.
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The City shall provide Long Term Disability (LTD) insurance for employees. LTD
income protection coverage shall be up to $7,000 of covered monthly salary. Employees may
use sick leave and/or vacation leave to supplement lost salary during the 90 day elimination
period.
13.5 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents at a
cost of$14.94 monthly.
SECTION 14: SAFETY FOOTWEAR
The City shall provide safety footwear at a cost not to exceed $400 annually, for the
bargaining unit classifications of Building Inspector and Public Works Inspector. The City will
provide employees with a list of approved vendors and footwear, and will be billed directly by
the vendor for payment. Any cost exceeding$400 will be borne by the employee.
SECTION 15: HOLIDAYS
15.1 Fixed Holidays
The City shall provide the following fixed paid(8 Hour)holidays for eligible employees
covered by this agreement:
1. New Year's Day 7. Veteran's Day
2. Martin Luther King Day 8. Thanksgiving Day
3. President's Day 9. Day following Thanksgiving
4. Memorial Day 10. Christmas Eve
5. Independence Day 11. Christmas Day
6. Labor Day 12. New Year's Eve
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.
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.
15.2 FloatingHolidays
olidays
In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of
holiday leave per year that may be used in increments of no less than one quarter of an hour.
Floating holiday leave shall be earned at a rate of.77 hours per pay period. Floating holiday
leave may be accumulated up to 40 hours.Floating holiday leave shall be taken at the discretion
of the employee subject to prior supervisory approval.
15.3 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.
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SECTION 16: WORKERS COMPENSATION BENEFITS j
Any employee sustaining an injury arising out of or in the course of the performance of y
his/her job and who cannot work at the duties and responsibilities normally assigned to that job I
is entitled to receive Workers' Compensation as prescribed by State law.
16.1 Use of Sick Leave to Supplement Workers' Compensation Pa ne
Any employee entitled to receive Workers' Compensation 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.
16.2 Use of Sick Leave for Industrial InjM Medical Appointments
An employee who is required to see a physician regarding a work-related injury during
regularly scheduled work hours may use sick leave credits for appointment(s). If the medical
appointment is scheduled during the last hour of the regularly scheduled work day an employee
will not be required to use sick leave credits for said appointment. The last hour provision shall J
be limited to one time during any Monday through Friday work period.
SECTION 17: VACATION
All bargaining unit employees shall accrue vacation credit. Accrued vacation credits
may be taken with prior supervisory approval.
Benefited full-time employees accrue vacation in accordance with the following
schedule. Benefited employees who work less than a full-time work schedule accrue vacation
in accordance with the following schedule on a pro-rated basis.
Service Time Annual Accruals Maximum Accrual
0- 3 Years 80 Hours 160 Hours
4 - 9 Years 120 Hours 240 Hours l
10— 14 Years 160Hours 272 Hours {
15 — 19 Years 176Hours 320 Hours
20+Years 192Hours 352 Hours
An employee may accrue no more vacation credit than what is listed above.
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Upon termination of employment,unused vacation may not be used to extend the final
employment date beyond the annual accrual rate being earned. Any request to use accrued
vacation hours beyond the last day of work must be submitted in writing, approved by the
employee's supervisor like all other vacation requests, and is irrevocable.
Represented employees may convert,up to two times per calendar year,unused vacation I
time for payment subject to the following conditions:
1. The employee must have a minimum of 120 hours of accrued vacation immediately prior
to a conversion.
2. Any payment for accrued vacation hours will be subject to taxes as determined by law.
3. Minimum exchange will be one day. Maximum exchange will be ten days.
4. All exchanges are irrevocable.
5. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar
year.
SECTION 18: SICK LEAVE
All full time employees hired before October 17, 2012 (other than those holding
temporary status), shall earn eight (8) hours per month sick leave time without limit on
accumulation. All employees hired on or after October 17, 2012 shall earn eight (8) hours per
month of sick leave time,but may accrue no more than 240 hours of sick leave time.
Those regular employees working less than full time(at least 20 hours per week) shall
earn a pro-rated amount of sick leave based on their regular hours worked in relation to 40
hours. Sick leave may be utilized due to the employee's personal illness, injury, pregnancy
disability or sickness or injury to the immediate family.
The employee's immediate family consists of the following: children, stepchildren,
spouse/domestic partner, parents, mother-in-law, father-in-law, siblings, grandchildren and
grandparents who because of illness cannot care for themselves, and for medical emergencies.
Employees shall, whenever possible, make appointments for medical, dental and similar
purposes during non-work hours. If this is not possible, sick leave may be used for these
purposes.
With proper notification, sick leave shall be taken in periods of no less than one-half
hour increments.
18.1 Sick Leave Conversion. Any employee hired before October 17, 2012, who is
retiring, will have the option of applying any remaining sick leave to service credit. If an
employee is resigning,he/she will not have the option of applying sick leave hours to service
credit.
18.2 Sick leave is not vested under California statutory law.
18.3 Employees hired before October 17,2012 shall have the option of cashing out sick
leave in accordance with Section 18.4 and 18.5.
18.4 If upon retirement the qualifying employee has a minimum of 320 non-vested
hours, payment shall be made for up to eighty-five percent (85%) of the value of the bank at
the employee's discretion.
18.5 If upon resignation the qualifying employee has a minimum of 320 non-vested
hours, payment shall be made for up to seventy percent (70%) of the value of the bank at the
employee's discretion.
18.6 Represented employees will have the option, subject to approval of the department
head, of converting sick leave to vacation leave on a two-to-one basis only if the employee's
remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be
96 hours of sick time for 48 hours of vacation leave per calendar year. The minimum exchange
will be 8 hours sick leave for 4 hours of vacation.
An employee may convert sick leave in excess of 320 hours to vacation leave on a on-
to-one basis with a maximum of 48 hours and a minimum of 4 hours and may convert up to an
additional 32 hours on the basis of one hour of sick leave to 0.7 hour of vacation leave. The
conversion of sick leave in excess of 320 hours to vacation leave as described herein is limited
to no more than a total of 80 hours per calendar year.
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:
a. All requests to exchange sick leave for vacation time shall be submitted in writing
to the department head at least fourteen (14) calendar days in advance of
intended vacation utilization.
b. 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 1
accrued vacation time.
NOTE: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.
SECTION 19: 4-.- SICK LEAVE VERIFICATION
A Department Head or supervisor may at their discretion require employees to furnish
reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for
sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also
require a doctor's certificate or other form of verification where leave abuse is suspected. If it
appears that an employee is abusing sick leave or is using sick leave excessively,the employee
will be counseled that the continued use of sick leave may result in a requirement to furnish a 1
medical certificate for each such subsequent absence for sick leave regardless of duration.
Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline
up to and including dismissal.
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SECTION 20: BEREAVEMENT LEAVE
Employees shall be granted paid bereavement leave of up to 24 hours upon the death of
a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband,
domestic partner, child, step-child, grandparent, grandchildren, mother-in-law and father-in-
law. Additional bereavement leave of up to 16 hours will be granted for travel out of state or
over 200 miles.
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SECTION 21: MILITARY LEAVE
Military leave shall be granted in accordance with the provision of State and Federal
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 22: PREGNANCY DISABILITY LEAVE
An employee disabled by pregnancy is eligible for up to four months of unpaid pregnancy
disability leave(PDL) as defined by law. This leave is to be used when the employee is disabled
due to pregnancy or child birth or related medical condition, including but not limited to,
morning sickness, pregnancy complications and prenatal appointments. Accrued sick leave
may be used during the leave, and the employee has the option to use accrued vacation, floating
holidays and/or compensatory time in order to receive pay during the leave. If the employee is
also eligible for leave under the Federal Family Medical Leave Act(FMLA), (employee must
be employed by the City for at least one year and have worked at least 1250 hours during the
year preceding the leave) the leave the employee takes for pregnancy disability will be run
concurrently with the employee's entitlement to up to 12 weeks of FMLA leave. Employees
otherwise eligible for health insurance benefits (medical, dental and vision) will continue to
receive such benefits during the period of the PDL leave up to four months as defined by law
per 12 month period.
After PDL and FMLA leave, if applicable, expires and if the employee is on unpaid status or
the employee has less than 20 hours per week on their timesheet, the employee may elect to
continue and enroll in COBRA benefits at employee's expense.
The employee will be accruing sick leave, floating holiday and vacation leave during the period
of time, if any, the employee is in paid status. Any time the employee's hours adjust to less
than 40 hours per week, however of paid status, the employee's accrual rates (sick leave,
vacation leave, floating holiday) will be prorated and be adjusted accordingly. Sick leave,
floating holiday and vacation leave do not continue to accrue during any period the employee
is on unpaid status.
Under the California Family rights Act (CFRA) eligible employees are entitled up to 12
additional weeks of leave to bond with the baby. To be eligible for the CFRA bonding leave,
employee must be employed by the City for at least one year and have worked at least 1250
hours during the year preceding the leave. The leave is unpaid, but the employee may use
floating holiday,compensatory time and vacation leave in order to receive pay during the leave.
The employee may use sick leave for a baby's illness or doctor's appointment when applicable
to receive pay during the leave. Bonding leave must be used within one year of the birth of the
baby.
An employee who plans to take PDL must give reasonable notice (not less than 4 weeks if
anticipated or as soon as possible if the leave is unforeseen)before the date employee expects
to take the leave. As with all other employees returning from medical leave, employees
returning from PDL leave of at least 3 days are required to provide a doctor's note clearing
them to return to work. If an employee requires reasonable accommodations as a result of
pregnancy, employee should consult with Human Resources. Employees disabled by
pregnancy and employees on leave to bond with a baby may be eligible for benefits under State
Disability Insurance. Additional information is available at www.edd.ca.gov/Disabililty and
from Human Resources.
SECTION 23: ADOPTION LEAVE
Upon request, a leave of absence without pay for up to four(4) work weeks will be granted to
adoptive parents. Such leave must be used within one year of the adoption. The city will pay
health and welfare benefits for the duration of the leave as the same rate as prior to the leave
consistent with the contributions as provided for under the existing MOU.
If the employee is eligible for FMLA/CFRA (employed by the city for at least one year and
worked at least 1250 hours during the year preceding the leave), employee may be eligible for
up to 12 work weeks total (the above four (4) work weeks plus an additional eight (8) work
weeks) for bonding with the adopted child during the first year after adoption. The employee
may be eligible for health benefits during the twelve(12) work week period at the same rate as
prior to the leave as provided for under the existing MOU.
During adoption leave, accrued vacation may be used by the employee at his or her option in
order to receive pay during the leave. Sick leave may only be used during the leave in the event
of illness or medical appointments of the adoptive child during the leave.
SECTION 24: CATASTROPHIC LEAVE
a. 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 j
granting of leave hours, and ask the applicant to submit further documentation from the
treating physician, and to determine the applicant's eligibility for catastrophic leave
hours.
b. All benefited employees will be eligible to receive assistance. An employee does not
have to be a contributor to be eligible.
c. A recipient must have used all of their available leave hours before he/she is eligible.
d. The maximum amount is seven (7) days (State Disability Insurance becomes available
at this time).
e. Vacation hours and compensating time off(CTO) hours are the only leave of absence .
credits which may be donated. An employee may not donate leave of absence credits
which would reduce his/her total accrued leave balances to less than 120 hours. Leave
credits may be donated in any pay period. All leave donations are irrevocable.
f. A leave of absence transfer drive will be held whenever necessary to provide for a
minimum catastrophic leave bank balance which is the equivalent of 40 hours.
g. Active employees wishing to donate sick leave hours to the Catastrophic Leave bank
will need to convert sick leave hours (maintaining a minimum of 320 hours after
donation)to vacation leave hours.
h. Upon retirement or resignation, an employee can contribute up to 10 hours of sick leave Y'
provided that the employee has a minimum of 320 hours of sick leave, which
has previously become vested.
s
Transfers may be in increments of one hour or more. All donations will be confidential. There
will be no selling or coercion of employees to donate.
Donated leave hours will be converted to cash and deposited in a time-bank where it will be
available for distribution. Checks will be issued to the recipient with the regular payroll, which I
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 e
allows for adjustments for different rates of pay.)No employee shall receive payment for more
than 100%of his or her regular pay.
I
An employee or their representative must complete a prescribed application form together with
supporting medical documentation to the Human Resources Division when applying for funds.
SECTION 25: ABSENCE NOTIFICATION
An employee is expected not to be absent from work for any reason other than personal
illness without making prior arrangements with their supervisor. Unless prior arrangements
are made, an employee who, for any reason, fails to report for work must notify their
supervisor of the reason for being absent by no later than 15 minutes prior to their scheduled
start time. 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 from duty shall be deemed to be an absence
without pay and will be grounds for disciplinary action up to and including dismissal by the
department head. In the absence of such disciplinary action any employee who absents
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 26: FAMILY MEDICAL LEAVE /CALIFORNIA FAMILY RIGHTS ACTS
The City of Cupertino shall comply with the leave provisions of the Family Medical Leave j
Act and the California Family Rights Act for employees who qualify for leave under these
laws.
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SECTION 27: EDUCATION REIMBURSEMENT PROGRAM
It is the intent of the City to recognize the value of continuing education and professional
development of its employees; and to adopt an Education Reimbursement Program which will
encourage employees to avail themselves of City job related educational opportunities that
will advance their knowledge and interests in the direction of their career path. Courses
should either: a) maintain or improve job skills in the employee's current position;b)be
expressly required by the City or by law; or c) prepare the employee to become a competitive
applicant for a different position with the City.
The Education Reimbursement Program is a benefit to all full time benefited employees who
have completed the required probationary period and provides education reimbursement of up
to two thousand ($2,000) per calendar year for the cost of registration, required textbooks
and/or materials and parking. Employees who wish to seek reimbursement from the City for
educational program costs shall provide a written request for reimbursement in advance of
enrollment to the Human Resources Division. The form provided shall include the type of
training, sponsoring organization or institution,meeting times and costs. Human Resources
and the employee's department head will make the determination if the chosen education
program is eligible for reimbursement.
No employee shall receive any reimbursement until they have provided satisfactory proof of
successful completion of the coursework with a grade of"C"or above, or"Pass"in the case
of a Pass/Fail course. Such proof of completion shall be provided within 30 days of the
conclusion of the course.
Education reimbursement is a taxable benefit under IRS Code. Education reimbursement will
be applied to the calendar year in which the course is passed and satisfactory proof of
completion is submitted.
Mandatory or annual coursework, attendance at conferences and training required to maintain
job specific certifications or proficiencies are not included in the Education Reimbursement
Program.
SECTION 28: CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
CEA bargaining unit members shall have the privilege of enrollment in City sponsored
recreation programs at the City residents' fee structure and in preference to non-residents
wishing to enroll. Each calendar year, employees and family members on the employee's
dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees
shall be reimbursed for approved recreation services in accordance with the City's Recreation
Buck Policies. Programs allowing for preregistration will be reimbursed after completion of
the program, including those allowing for or requiring preregistration in the calendar year
prior to reimbursement. Reimbursements shall be applied to the year in which they are
received. Benefited employees will also receive a free employee only annual Cupertino Sports
Center membership. Part-time benefited employees will have the annual amount of
Recreation Bucks prorated based on number of hours worked. Recreation Bucks are a taxable
benefit under IRS Code, and must be used by the employee within the calendar year and are
non-transferrable.
City employees are eligible to participate in the City's wellness program as provided for in the
City's Administrative Rules and Regulations.
SECTION 29: DUE PROCESS
For demotions, suspensions of more than five days and terminations of employment, the City
will provide written notice of the intended actions including the reasons therefore; a copy of
any documents upon which the City relied in taking its action and an opportunity to respond,
either orally or in writing,prior to the effective date of the disciplinary action.
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Said opportunity shall be as soon as is practical after having been served the written notice and j
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, if requested in writing by the employee.
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SECTION 30: GRIEVANCE PROCEDURE
30.1 Definition: a grievance is a good faith dispute or difference of opinion of an
employee involving the meaning, interpretation or application of the express provisions of the
Memorandum of Understanding between the City of Cupertino and CEA.
30.2 Step 1: An employee (grievant) who has a grievance shall bring it to the attention
of the employee's immediate supervisor within ten (10) calendar days of the occurrence of
knowledge of the act that is the basis for the dispute. If the grievant and the immediate
supervisor are unable to resolve the matter within ten(10) calendar days of the date it is raised,
the grievant has the right to submit a formal grievance to their next higher supervisor.
30.3 Step 2: If the grievance is not settled at Step 1 the grievant may submit a written
grievance to the next higher supervisor within ten(10) calendar days after the supervisor's oral
answer in Step 1. The written grievance shall contain the following information:
a. The name,job classification and department of the grievant.
b. The name of the grievant's immediate supervisor.
c. A statement of the nature of the grievance including date and place of
occurrence.
d. The specific provision alleged to have been violated.
e. The remedy sought by the grievant.
f. If the grievant is not self-represented, the name of the individual or recognized
employee organization designated to represent the grievant.
g. Signature of grievant and date.
h. If the grievance is being submitted on behalf of the grievant by the recognized
employee organization, it shall be signed and dated by the representative of the
employee organization.
The supervisor or designee shall discuss the grievance within ten (10) calendar
days with the grievant and/or designated representative at a time mutually
agreeable to the parties. If a settlement is not reached, a written answer to the
grievance shall be provided within ten(10) calendar days of the meeting.
30.4 Step 3: If the grievance is not settled at Step 2 the grievant may submit the
grievance in writing to the grievant's Department Head, or, alternatively, if the Department
Head responded at Step 2, to the City Manager within ten (10) calendar days after the Step 2
written answer. The Department Head/City Manager shall discuss the grievance within ten(10)
calendar days with the grievant and/or designated representative at a time mutually agreeable
to the parties. If no settlement is reached, a written answer shall be provided within ten (10)
calendar days of the meeting.
30.5 .Step 4: If the grievance is not settled at Step 3, the grievant may submit the
grievance to advisory arbitration within 14 calendar days after receipt of the decision at Step 2.
30.6 Advisory Arbitration:
a. 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 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 grievant/designated representative and the City shall have the right to strike two (2)
names from the panel.The parties shall alternatively strike names until one remains.The person
remaining shall be the advisory arbitrator.
b. 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 the grievant/designated
representative and City representatives.
c. The City or the grievant/designated representative shall have the right to request the
arbitrator to require the presence of witnesses or documents. The City and the grievant retain
the right to employ legal counsel. 1
d. 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.
e. More than one grievance may be submitted to the same advisory arbitrator if both
parties mutually agree in writing.
f. The fees and expenses of the advisory arbitrator and the cost of a written transcript
shall be divided equally between the City and the grievant, or CEA/IFPTE Local 21, as j
appropriate; provided, however, that each party shall be responsible for compensating its own
representatives and witnesses.
30.7 Limitations on Authority of Advisory Arbitrator:The advisory arbitrator shall have
no right to amend, modify, ignore, add to, or subtract from the provisions of the Memorandum {
of Understanding. 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 the MOU section or sections supporting the grievance. 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
to the City Manager. The City Manager will make the final decision.
SECTION 31: LAYOFF PROCEDURE
The appointing authority may lay off employees for lack of funds, lack of work or for other
u e. The appointing similar and 'ust ca sauthority will identify the classifications subject to
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layoff. All classifications and all departments citywide are subject to layoff considerations.
Employees in a classification(s) identified for layoff shall be laid off in reverse order of
seniority, based on the date of the appointment to the classification. If an employee separates
from City employment for a period of more than 30 days, the time off from City employment
shall be deducted from an employee's length of service for the purpose of determining seniority.
Employees being laid off shall be entitled to placement in a lower classification; provided (a)
the employee was previously employed with regular status having completed the probationary
period in that lower classification and (b) the employee has more total seniority with the City
than an individual in the lower classification. Any employee being displaced by an employee
opting to be placed in a lower classification shall be entitled to placement in the lower
classification, subject to conditions (a) and (b) listed in this section.
The City will provide a 30 day notice to any employees identified for layoff and layoff pay in
the amount of$2,500 at the time of layoff. Such notice will include the employee's rights to
placement in a lower classification pursuant to this section. Medical, dental, vision, and life
insurance continue through the end of the month in which the layoff is effective. In addition,
the employee will be provided with an opportunity to elect to enroll in COBRA medical,dental,
and/or vision coverage at the time of layoff and at employee expense.
The names of the 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 (10) business days to a written notice of such opportunity for
reinstatement shall cause that name to be removed from the recall list. Such notice shall be sent
by certified or registered mail to the address of the employee on file with the City. The affected
employees shall be responsible for updating the City of any change in address during the time
they are on the recall list.
SECTION 32: REINSTATEMENT
With the approval of the Appointing Authority, a regular 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 33: 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. However, the parties agree that any automatic
economic triggers, formulas or escalators shall become inoperable and void upon expiration
of this contract.
SECTION 34: 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 from the remaining portion of the agreement.
SECTION 35: RATIFICATION
Nothing contained in this memorandum shall be binding upon either the City or the
Association until it has been ratified by the Association's membership and presented and
approved by the City Council of the City.
SECTION 36: REOPENER
During the term of this Agreement,upon request by the City or CEA, the City and
Association will meet and confer over proposed revisions to the City's Administrative Rules
and Regulations to the extent that the proposed revisions fall within the statutory scope of
bargaining.
SECTION 37: TERM
This agreement shall be effective commencing the first full pay period after Association
ratification and adoption by the City Council and ending at 11:59 p.m. June 30, 2022.
SECTION 38: TOTAL COMPENSATION SURVEYS
Management and CEA agree to a compensation survey database structure which
identifies specific benchmark classifications for job families, classifications within the job
families of each benchmark classification, survey agencies, and survey classification matches.
Survey cities include:
1. Campbell
2. Los Altos
3. Los Gatos
4. Menlo Park
5. Milpitas
6. Morgan Hill
7. Mountain View
8. Palo Alto
9. San Mateo
10. Santa Clara
11. Saratoga
12. Sunnyvale
The survey data is intended to provide a source of information concerning how the
compensation paid to employees in bargaining unit job classifications compares to that paid.by j
other public employers. The City will update the survey database and send a copy to CEA six
weeks before expiration of this agreement. This survey data will be considered in successor
agreement negotiations.
CITY EMPLOYEES' ASSOCIATION CITY OF CUPERTINO
d
r
Alex Corbalis Kristina Alfaro
a
Gian Paolo Mai-tire Leslie Dornell
Jeff Ordway Benjamin Fu
Kane Wolfe Christine Hanel
Ursula Syrova
Lamoin Werlein-Jaen, IFPTE Local 21 Richard Bolanos,
Liebert, Cassidy, Whitmore
City Attorney,Approved as to form
Date: Date:
EXHIBIT A
SECTION 2: SALARY SCHEDULE
Salaries Effective First Full Pay Period After Council Adoption
Grade Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNT CLERK 1 29.83 31.33 32.89 34.54 36.26
ACCOUNT CLERK II 32.89 34.54 36.26 38.08 39.98
ASSET MANAGEMENT TECHNICIAN 39.66 41.64 43.72 45.91 48.21
ASSISTANT CIVIL ENGINEER 50.47 52.98 55.63 58.42 61.34
ASSISTANT PLANNER 45.31 47.57 49.95 52.45 55.07
ASSOCIATE CIVIL ENGINEER 54.39 57.10 59.96 62.96 66.10
ASSOCIATE PLANNER 48.83 51.27 53.83 56.52 59.35
BUILDING INSPECTOR 48.08 50.48 53.00 55.65 58.44
CASE MANAGER 36.75 38.58 40.51 42.54 44.67
CODE ENFORCEMENT OFFICER 41.16 43.22 45.38 47.65 50.03
COMMUNITY OUTREACH SPECIALIST 38.06 39.96 41.96 44.06 46.26
ENGINEERING TECHNICIAN 39.66 41.64 43.72 45.91 48.21
ENV. PROG. COMPLIANCE TECHNICIAN 35.74 37.52 39.40 41.37 43.44
ENV. PROGRAMS SPECIALIST 46.07 48.37 50.79 53.33 56.00
ENVIRONMENTAL PROGRAMS $ $ $ $ $
ASSISTANT 39.94 41.93 44.03 46.23 48.54
FACILITY ATTENDANT 26.65 27.98 29.38 30.85 32.39
GIS TECHNICIAN 39.66 41.64 43.72 45.91 48.21
MULTIMEDIA COMMUNICATIONS SPEC 50.19 52.70 55.34 58.10 61.01
OFFICE ASSISTANT 27.76 29.15 30.60 32.13 33.74
PERMIT TECHNICIAN 36.93 38.78 40.72 42.76 44.89
PLAN CHECK ENGINEER 55.63 58.40 61.32 64.40 67.61
$ $ $ $ $
PUBLIC WORKS INSPECTOR 48.08 50.48 53.00 55.65 58.44
RECEPTIONIST/CLERK 25.00 26.25 27.56 28.94 30.39
RECREATION ASSISTANT 17.88 18.77 19.71 20.70 21.73
RECREATION COORDINATOR 36.54 38.37 40.28 42.30 44.41
SENIOR BUILDING INSPECTOR 51.37 53.94 56.64 59.47 62.44
SENIOR CODE ENFORCEMENT OFFICER 43.26 45.43 47.70 50.08 52.59
SENIOR ENGINEERING TECHNICIAN 42.74 44.88 47.12 49.48 51.95
SENIOR OFFICE ASSISTANT 30.82 32.36 33.98 35.68 37.46
SENIOR PLANNER 52.36 54.97 57.72 60.61 63.64
SENIOR TRAFFIC TECHNICIAN 42.74 44.88 47.12 49.48 51.95
SPECIAL PROGRAMS COORDINATOR 30.17 31.68 33.26 34.92 36.67
TRAFFIC SIGNAL TECH 38.42 40.34 42.36 44.48 46.70
TRAFFIC SIGNAL TECHNICIAN 44.48 46.70 49.04 51.49 54.07
TRAFFIC TECHNICIAN 39.66 41.64 43.72 45.91 48.21
Salaries Effective July 1, 2020
$ $ $ $ $
ACCOUNT CLERK 1 30.88 32.42 34.04 35.75 37.53
ACCOUNT CLERK II 34.04 35.75 37.53 39.41 41.38
ASSET MANAGEMENT TECHNICIAN 41.05 43.10 45.25 47.52 49.89
ASSISTANT CIVIL ENGINEER 52.24 54.84 57.58 60.46 63.48
ASSISTANT PLANNER 47.03 49.38 51.85 54.45 57.17
ASSOCIATE CIVIL ENGINEER 56.29 59.10 62.06 65.16 68.42
ASSOCIATE PLANNER 50.69 53.22 55.88 58.68 61.61
BUILDING INSPECTOR 49.76 52.25 54.86 57.60 60.48
CASE MANAGER 38.03 39.93 41.93 44.03 46.23
CODE ENFORCEMENT OFFICER 42.60 44.73 46.97 49.32 51.79
COMMUNITY OUTREACH SPECIALIST 39.39 41.36 43.43 45.60 47.88
ENGINEERING TECHNICIAN 41.05 43.10 45.25 47.52 49.89
ENV. PROG. COMPLIANCE TECHNICIAN 36.99 38.84 40.78 42.82 44.96
ENV. PROGRAMS SPECIALIST 47.68 50.07 52.57 55.20 57.96
ENVIRONMENTAL PROGRAMS $ $ $ $ $
ASSISTANT 41.33 43.40 45.57 47.85 50.24
FACILITY ATTENDANT 28.91 30.35 31.87 33.46 35.14
GIS TECHNICIAN 41.05 43.10 45.25 47.52 49.89
MULTIMEDIA COMMUNICATIONS SPEC 51.95 54.55 57.27 60.14 63.15
OFFICE ASSISTANT 29.05 30.50 32.02 33.63 35.31
PERMIT TECHNICIAN 38.23 40.14 42.15 44.25 46.47
PLAN CHECK ENGINEER 57.58 60.45 63.47 66.65 69.98
PUBLIC WORKS INSPECTOR 49.76 52.25 54.86 57.60 60.48
RECEPTIONIST/CLERK 26.16 27.47 28.84 30.28 31.80
RECREATION ASSISTANT 18.71 19.65 20.63 21.66 22.74
RECREATION COORDINATOR 37.82 39.71 41.69 43.78 45.97
$ $ $ $ $
SENIOR BUILDING INSPECTOR 53.17 55.83 58.62 61.55 64.63
SENIOR CODE ENFORCEMENT OFFICER 44.78 47.02 49.37 51.84 54.43
SENIOR ENGINEERING TECHNICIAN 44.24 46.45 48.77 51.21 53.77
SENIOR OFFICE ASSISTANT 32.25 33.86 35.56 37.33 39.20
SENIOR PLANNER 54.35 57.07 59.92 62.92 66.06
SENIOR TRAFFIC TECHNICIAN 44.24 46.45 48.77 51.21 53.77
SPECIAL PROGRAMS COORDINATOR 31.22 32.78 34.42 36.14 37.95
TRAFFIC SIGNAL TECH 39.77 41.76 43.84 46.04 48.34
TRAFFIC SIGNAL TECHNICIAN 46.04 48.34 50.76 53.29 55.96
TRAFFIC TECHNICIAN 41.05 43.10 45.25 47.52 49.89
Salaries Effective July 1, 2021
Grade Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNT CLERK 1 31.81 33.40 35.07 36.82 38.66
ACCOUNT CLERK II 35.07 36.82 38.66 40.59 42.62
ASSET MANAGEMENT TECHNICIAN 42.28 44.39 46.61 48.94 51.39
ASSISTANT CIVIL ENGINEER 53.80 56.48 59.31 62.28 65.39
ASSISTANT PLANNER 48.44 50.87 53.41 56.08 58.88
ASSOCIATE CIVIL ENGINEER 57.98 60.87 63.92 67.12 70.47
ASSOCIATE PLANNER 52.21 54.82 57.56 60.44 63.46
BUILDING INSPECTOR 51.25 53.81 56.51 59.33 62.30
CASE MANAGER 39.17 41.13 43.19 45.35 47.62
CODE ENFORCEMENT OFFICER 43.88 46.08 48.38 50.80 53.34
COMMUNITY OUTREACH SPECIALIST 40.57 42.60 44.73 46.97 49.32
ENGINEERING TECHNICIAN 42.28 44.39 46.61 48.94 51.39
ENV. PROG. COMPLIANCE TECHNICIAN 38.10 40.00 42.00 44.10 46.31
ENV. PROGRAMS SPECIALIST 49.11 51.57 54.15 56.86 59.70
ENVIRONMENTAL PROGRAMS $ $ $ $ $
ASSISTANT 42.57 44.70 46.94 49.29 51.75
FACILITY ATTENDANT 29.77 31.26 32.82 34.47 36.19
GIS TECHNICIAN 42.28 44.39 46.61 48.94 51.39
MULTIMEDIA COMMUNICATIONS SPEC 53.51 56.18 58.99 61.94 65.04
OFFICE ASSISTANT 29.92 31.41 32.98 34.63 36.37
PERMIT TECHNICIAN 39.37 41.34 43.41 45.58 47.86
PLAN CHECK ENGINEER 59.31 62.26 65.38 68.65 72.08
PUBLIC WORKS INSPECTOR 51.25 53.81 56.51 59.33 62.30
RECEPTIONIST/CLERK 26.94 28.29 29.70 31.19 32.75
RECREATION ASSISTANT 19.27 20.24 21.25 22.31 23.42
RECREATION COORDINATOR 38.95 40.90 42.95 45.09 47.35
$ $ $ $ $
SENIOR BUILDING INSPECTOR 54.76 57.50 60.38 63.39 66.56
SENIOR CODE ENFORCEMENT OFFICER 46.12 48.43 50.85 53.39 56.06
SENIOR ENGINEERING TECHNICIAN 45.56 47.84 50.23 52.74 55.38
SENIOR OFFICE ASSISTANT 33.22 34.88 36.62 38.45 40.38
SENIOR PLANNER 55.98 58.78 61.72 64.81 68.05
SENIOR TRAFFIC TECHNICIAN 45.56 47.84 50.23 52.74 55.38
SPECIAL PROGRAMS COORDINATOR 32.16 33.77 35.46 37.23 39.09
TRAFFIC SIGNAL TECH 40.96 43.01 45.16 47.42 49.79
TRAFFIC SIGNAL TECHNICIAN 47.42 49.79 52.28 54.89 57.64
TRAFFIC TECHNICIAN 42.28 44.39 46.61 48.94 51.39
EXHIBIT B
EQUITY ADJUSTMENTS
CEA CLASSIFICATIONS
Grade Grade Title Year 1 Equity Year 2 Equity Year 3 Equity
Percentage Percentage Percentage
300 BUILDING INSPECTOR 0 0 0
302 ENGINEERING TECHNICIAN 0 0 0
304 PUBLIC WORKS INSPECTOR 0 0 0
305 SENIOR ENGINEERING TECHNICIAN 0 0 0
306 TRAFFIC TECHNICIAN 0 0 0
307 SENIOR TRAFFIC TECHNICIAN 0 0 0
309 SENIOR BUILDING INSPECTOR 0 0 0
310 TRAFFIC SIGNAL TECHNICIAN 0 0 0
311 GIS TECHNICIAN 0 0 0
315 ASSET MANAGEMENT TECHNICIAN 0 0 0
320 CASE MANAGER 0 0 0
323 TRAFFIC SIGNAL TECH-APPRENTICE 0 0 0
403 ENV. PROGRAMS SPECIALIST 0 0 0
406 ENVIRONMENTAL PROGRAMS 0 0 0
ASSISTANT
705 ENV. PROG. COMPLIANCE TECHNICIAN 0 0 0
414 COMMUNITY OUTREACH SPECIALIST 1.3 0 0
416 MULTIMEDIA COMMUNICATIONS SPEC 1.3 0 0
322 PERMIT TECHNICIAN 2.3 0 0
230 PLAN CHECK ENGINEER 3 0 0
301 CODE ENFORCEMENT OFFICER 3.3 0 0
321 SENIOR CODE ENFORCEMENT OFFICER 3.3 0 0
500 ACCOUNT CLERK II 3.9 0 0
501 ACCOUNT CLERK 1 3.9 0 0
201 ASSISTANT CIVIL ENGINEER 4 0 0
226 ASSOCIATE CIVIL ENGINEER 4 0 0
238 ASSOC CIVIL ENGINEER LMTD TERM 4 0 0
400 RECREATION COORDINATOR 4 0 0
415 SPECIAL PROGRAMS COORDINATOR 4 0 0
203 SENIOR PLANNER 5 0.3 0
219 ASSISTANT PLANNER 5 0.3 0
220 ASSOCIATE PLANNER 5 0.3 0
504 RECEPTIONIST/CLERK 5 1.1 0
507 OFFICE ASSISTANT 5 1.1 0
508 SENIOR OFFICE ASSISTANT 5 1.1 0
513 RECREATION ASSISTANT 5 1.1 0
710 FACILITY ATTENDANT 5 4.8 0