CC Resolution No. 22-101 amending the Memorandum of Understanding (MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3)RESOLUTION NO. 22-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE CITY OF CUPERTINO AND OPERATING ENGINEERS
LOCAL NO. 3 UNION AFL-CIO MEMORANDUM OF UNDERSTANDING
WHEREAS, the City Council desires to amend the City of Cupertino and
Operating Engineers Local No. 3 Union AFL-CIO Memorandum Of Understanding.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino and
Operating Engineers Local No. 3 Union AFL-CIO Memorandum of Understanding
be amended which is incorporated in this resolution by this reference and attached
as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16 th day of August 2022 by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
ity 0
ATTEST:
Kirsten Squarcia, City Clerk
Date
Date
8/30/22
MEMORANDUM OF UNDERSTANDING
City of Cupertino
And
Operating Engineers Local No. 3 Union, AFL-CIO
July 1, 2022 -June 30, 2025
1
Table of Contents
Category Section Page Number
Definitions 1 4
Union Recognition 2 5
No-Discrimination 3 5
Representation Rights 4 5
Union Rights 5 6
City Rights 6 7
Pennanent Transfers 7 8
Notification of Proposed Change 8 8
Hours of Work: Overtime 9 8
Compensation for Services 10 10
Public Employees Retirement Contribution 11 15
Health and Welfare Benefits 12 16
Insurance 13 16
Paid Absences 14 17
Sick Leave Conversion 15 23
Safety Equipment 16 24
City Sponsored Recreation & Wellness Programs 17 25
Training and Tuition Reimbursement 18 25
Stretch Assignments 19 27
Perfonnance Evaluations 20 29
Workers' Compensation Benefits 21 29
Disciplinary Action 22 29
2
Layoff Procedure 23 30
Reinstatement 24 31
Grievance Procedure 25 31
Impasse Procedure 26 33
Separability 27 33
Ratification 28 34
Reopener 29 34
Tenn 30 34
Compensation Survey 31 34
Hourly Salary Ranges with Salary and Equity Exhibit A 35
Adjustments included in the ranges
3
Recital:
MEMORANDUM OF UNDERSTANDING
Between
CITY OF CUPERTINO
And
OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO
The City and the Membership represented by Operating Engineers Local Union 3 (OE3) wish to
fonnalize a relationship which will survive differences in interests, endure changes in leadership,
and extend beyond legal and contractual requirements based on the following p1incipals:
In our relationship, we understand and accept that a high degree of trust is essential. Therefore,
we will focus on developing and maintaining trust.
We will promote and expand conununications between the parties and recognize active listening
as a major component of communications. We will avoid sending ambiguous or mixed messages.
We will always consult before deciding on matters which may have a major impact on the other
pa1iy .
Tenn of Agreement:
This is a three (3) year agreement, entered into the 1st day of July, 2022 between the City of
Cupe1iino, hereinafter referred to as "City", and the Operating Engineers Local Union No . 3, AFL-
CIO, hereinafter referred to as "Union", sets forth the agreement resulting from the meet and confer
bargaining process between the two parties concerning the wages, hours, and other tenns 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 representative. This agreement represents the full entire
and integrated agreement between the City and the Union and supersedes all prior representations
and agreements, whether written or oral.
General Provisions
SECTION 1: DEFINITIONS
1.1 City -the City of Cupertino, a municipal corporation
1.2 Union-the Operating Engineers Local Union No. 3
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.
4
SECTION 2: UNION RECOGNITION
Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is recognized
by the City as the exclusive 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 detennined by the Administrative Services Director:
• Lead Equipment Mechanic
• Equipment Mechanic
• Maintenance Worker I
• Maintenance Worker II
• Maintenance Lead
• Street Lighting Worker
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 perfonned by employees in the bargaining
unit.
SECTION 3 : NO-DISCRIMINATION
In accordance with the City of Cupertino Equal Opportunity in Employment Policy, Part II,
OTHER Citywide Policies, Section 1. EQUAL OPPORTUNITY IN EMPLOYMENT, City of
Cupertino Administrative Rules and Regulations of the Personnel Code, the City will afford equal
employment opportunity to all qualified employees, applicants and unpaid interns as to all tenns
and conditions of employment, including compensation, hiring, training, promotion, transfer,
discipline, and tennination, without regard to race, color, sex (including gender, gender identity,
gender expression, transgender, pregnancy and breastfeeding), sexual orientation (including
heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status,
unifonned service member status, marital status, age, medical condition, genetic information or
characte1istics, disability, Association activity, or any other basis protected by law.
SECTION 4: 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 of representation under Section
3502 of the Government Code.
4.2 Business Representatives of the Union may have reasonable access to any employee or
employees presenting a g1ievance 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, as a recognized employee organization, may select not more than two employee
members of the organization 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, the Union may select not more than six employee
5
members to attend bargaining sessions. Where circumstances wan-ant, Human Resources
may approve the attendance of additional employee representatives without loss of
compensation, at either labor negotiations or Labor Management Conunittee meetings . The
Union shall submit the names of the employee representatives to Human Resources in
advance of such meetings.
In addition to his/her regularly assigned work, the Union Steward shall be pennitted
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 auth01ized to contact their Union Steward during working hours to report
an alleged grievance or violation of this Memorandum.
The Union 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 . The Union 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 on e grievance, discipline, or
representation matter.
Membership meetings, organizing activities, membership campaigns , or dues collecting by
the Union or their representatives on City premises or at work locations/sites during regular
hours of work shall not be permitted. Representatives of the Union 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. Representatives of the Union
shall not enter a work location without first advising the department head or the Human
Resources office .
4.5 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: UNION RIGHTS
5.1 The City and the Union recognize the tight 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 Union shall not be compulsory.
6
The Union shall provide the City with a thirty-day advance written notice of any changes
in the annual deduction amounts for Union Dues. The Union, Operating Engineers Local
#3, shall provide the City with instructions regarding dues deductions to be remitted to ,
Operating Engineers Local #3.
Upon ce1iification by the Union that an employee has signed a deduction authorization , the
City will deduct the appropriate dues from the employee's pay, as established and as many
be changed from time to time by the Union, and remit such dues to the Union. Employee
requests to cancel or change deductions must be directed to the Union rather than to the
City. An employee wishing to cancel or change deductions must mail a written revocation
to the Union in accordance with the terms of the authorization form, or absent any such
tenns, by mailing a w1itten revocation to the Union that is postmarked during the thi1iy
(30) day period immediately prior to the annual amiiversary date on which the employee
signed the original authorization fonn. Deductions will continue unless and until the City
is notified by the Union of any requested changes.
The Union shall indemnify and hold the City harmless from any and all claims, demands,
suits, or any other action aiising from the maintenance of dues deductions of from
complying with any demand for tennination hereunder, provided that the City promptly
provide notice to the Union of any claim , demand, suit, or other action for which it is
seeking indemnification.
The Union shall certify to the City of Cupertino that it has received and will maintain an
auth01ization, signed by each individual employee from whose salary or wages a deduction
or reduction is to be made. The Union 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. The Union shall
indemnify the City for any claims made by an employee for deductions made in reliance
on that ce1iification.
SECTION 6 : CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to detennine the
inission of its constituent depaiiments, c01mnissions ai1d boards; set standards of services;
detennine 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 have the 1ight to furlough employees subject to meet and confer with the
Union regarding the impact of the decision to furlough.
7
The City shall give f01iy-five ( 45) days prior w1itten 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: PERMANENT TRANSFERS
Employees shall be notified in writing of any permanent transfer from one division to
another ten (10) working days prior to the effective date.
SECTION 8: NOTIFICATION OF PROPOSED CHANGE
City agrees to serve w1itten notice upon the Union of any intent to change or alter any
ordinance, rule, resolution or regulation affecting the recognized employee organization on
matters within scope ofrepresentation. Upon receipt of the w1itten 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 detennines 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, and resolution regulation consistent with
the agreement.
SECTION 9: 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.
Alternate Work Schedules (A WS) may be considered, including 9/80 and 4/10, but must
be approved in advance by the Department Head. The City reserves the light to re-evaluate
such approvals if the Alternate Work Schedule results in an undue burden to the City.
9.2 Schedules
8
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 an employee's
hours of work will be made after ten (10) working days piior notice.
Volunteers will be sought for any change in regular work hours. If there are no volunteers,
the regular employee with the least senioiity will be assigned for a maximum of twelve
months. The city will attempt to make four-month assignments when possible.
Non-emergency work will not be scheduled for a weekend when either Fiiday or Monday
is a recognized holiday. (See Section 14.1 -recognition of Saturday and Sunday holidays.)
9. 3 Rest Peiiods
Each employee shall be granted a rest peiiod of fifteen minutes duiing each work peiiod
of more than three hours duration. Employees may not combine lunch and break times
unless with piior deparhnental approval as a result of operational needs. Break times should
be taken at the worksite assigned or in the event there is no restroom facilities is available
then to the closest location where a city restroom facilities is available. No wage deduction
shall be made nor time off charged against employees taking authmized rest peiiods, nor
shall any 1ights or overtime be accrued for rest peiiods not taken.
9.3 .1 Clean Up Period
At the end of each work peiiod, up to 20 minutes paid clean up time will be provided to
employees. Longer peiiods, when approved by the Supervisor, will be allowed depending
on the work activities of the work peiiod.
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 authoiized in advance by the
Department Head or their designee. In the event of unforeseen circumstances, overtime
shall be approved after the work is completed.
9 .5 Payment of Overtime
All approved overtime work performed by employees shall be paid at the rate of one and
oile-half (1 1/2) times the nonnal rate of pay. Work performed on regularly scheduled days
off, City Holidays or duiing an employee's scheduled vacation shall be considered to be
overtime and paid accordingly.
9.5.1 Meal Peiiods
9
A paid meal period and a $12 meal allowance shall be provided when an employee works
more than three consecutive hours i1mnediately following the end of a regular workday. In
addition, after four additional consecutive hours of ove1iime work, a paid meal period and
a $12 meal allowance shall be provided. A meal period shall be 40 minutes.
9. 6 Compensatory Time Off
At the employee's discretion, compensatory time (CTO) 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 CTO, shall be allowed to schedule CTO at
the employee's discretion provided (1) that prior supervisory approval has been obtained
and (2) the request is made in writing.
CTO 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 canyover balance will be automatically
paid out at the end of the calendar year.
An employee may exercise his/her option twice each calendar year to convert any/or all
accumulated compensatory time to cash.
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.
SECTION 10: COMPENSATION FOR SERVICES
10.1 Salary Range
a. Monthly salary ranges as listed on Exhibit A will apply for each classification
effective at the begim1ing of the pay period in which July 1 occurs unless otherwise
noted below.
5.4 Effective the first full pay period after July 1, 2022, a 5.0% salary increase will be
added to the sala1y range of each classification in this bargaining unit.
The parties further agree to reopen wage negotiations for FY23-24 and FY24-25
upon the California Department of Tax and Fee Administration's (CDTFA)
completion of the sales tax review, but in no event later than March 1, 2023. The
union may propose changes to salary steps, deferred compensation and special
skills compensation as part of the wage reopener discussion.
a. Differentials as listed in Section, 10. 8 Special Skills Compensation, will apply for
each classification working in the Weekend Work Furlough_Program.
10.2 Bilingual Pay Differential
An employee who speaks another language other than English while perfonning their
assigned duties involving contact with members of the community and who passes the
required language proficiency test(s), will be eligible to receive a 7.5% bilingual pay
differential only for 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.
In order to be eligible for Bilingual Pay, the Department Head must ce1tify that the
employee has a need to use his/her bilingual skills in co1mnunicating with members of the
community.
10. 3 Acting Pay/Out-of-Clas s
10.3.1 Acting Pay
Temporary assignment, approved in advance by the Depaiiment Head, to a classification
in a higher pay grade not defined by this agreement, shall be compensated at the Step 1 rate
of the higher classification, or at a rate five percent greater thai1 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 Acting Pay, an employee shall work
a minimum of eight (8) hours per day in the temporary position.
An employee may receiv e ac ting pay for working in a higher classification where a vacancy
does not exist, in the case of ai1 incumbent being on vacation or leave of absence, or due to
the employee being asked to perfonn higher level work on any other temporary basis.
Acting pay is not included for purposes of calculating CalPERS compensation.
10.3 .2 Out-of-Class
An employee may be assigned to work out of class in a higher classification when there is
a vacant position for which a recrnitment is being, or will be, conducted. Out-of-class
assignments may not exceed 960 hours in a fiscal year. Compensation for work perfonned
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.
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 assigmnent. 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.
11
All requests for out of class pay or acting pay must be approved by the Director of
Administrative Services or his /her designe e. No increase in the wage rates shall appl y in
instances of Maintenance Worker I positions temporarily assigned to positions of
Maintenance Worker II classification.
10. 4 St andby Compensation
Employees who are required to be available dming their off-shift hours for possible recall
for emergency service shall be compensated $300.00 per 128 hours so assigned during the
tenn of this agreement.
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 a response time of 30 minutes or
less.
10.5 Callback Pay
If any employee is called or required to report for assigned emergency or other duti es
during the period of the close of the regular work day and the staii 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 (1 1/2) times. Under such circumstances a minimum payment will be made equivalent
to two hours at one and one-half (1 1/2) times the nonnal rate of pay.
10. 6 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.
10. 7 Probationary Period/Salary Advancement
The probationary period shall be twelve months of paid employment. Employees will
advance to the next step of the salary range upon successful completion of the probationary
period. Advancement to subsequent salary steps will be based on merit (satisfactory
evaluation) and are scheduled annually thereafter.
10. 8 Special Skills Compensation
A wide variety of work, requiring specialized skills, is completed by employees of the
Service Yard. Position classifications require experience and certification commensurate
to the skills required in each separate Division. The following establishes certification,
experience and additional compensation for eligible employees. Certifications not listed
12
here, but required of the job specifications, are considered incidental and not eligible for
special ski ll compensation.
Special Skills Title Job related Certification Experience % Over
Needed Needed Base
Salary
Enviromnental Compliance Ce1iified Erosion, Sediment, 2 yrs@ 7.5%
-Stonnwater and Stonn Water Inspector in MWII
training (CESSWI-IT)
certificate (full stature
CESSWI desired)_as issued by
the Enviroce1i International.
Current primary employee
assigned these special skills as
ofJune 30, 2013 is
grandfathered in. All other
Employees shall have one year
from the initial appointment to
obtain the CESSWI-IT
certificate while perfonning
this_special skill.
Environmental Compliance Attainment of: 2 yrs@ 7.5%
-Materials MWII
Hazwoper Operations Level
California underground Storage
Tank System Operator
Title 22 Hazardous Waste
Management/DOT training.
Certification of achievement in
Enviromnental Compliance &
Pollution Prevention with a
minimum of26 units
completed desired
Concrete/ Asphalt Certified Public Infrastructure 2yrs@ 7.5%
Inspector certificate as issued MWII
by the American Public Works
Association desired
13
CmTent primary employee
assigned these special skills as
ofJune 30, 2013 is
grandfathered in.
All other employees shall have
one year from the initial
appointment to obtain the
Certified Public Infrastructure
certificate while perfonning
this special skill.
Welding American Welding Society 7.5 %
Certificate or equivalent
certificate.
Spraying Qualified Applicator 7.5%
Certificate categories B, C or F
Class B License CA Class B D1iver' s License 7.5%
Back Flow Backflow Prevention Assembly 7.5%
Tester Certificate as issued by
the American Water Works
Association
Weekend Work Furlough Program Administrative Crew Leader 10%
Assistant Crew Leader 7.5%
WWFP -Responsible 5.0%
"Meal periods are paid for the
Administrative Crew Leader
and Assistant Crew Leader."
Eligible employees receive compensation incentive pay for only actual hours worked. To
be eligible for special skill pay, experience and certificates must be current, with written
documentation on file with the Human Resources Department. Special skill compensation
shall be detennined and approved in advance by the Supervisor in writing.
10. 9 Licenses/Certification Pay
14
Any employee who possesses a commercial driver's license with and remains cun-ent on
the State DOT Drng Program will receive an additional Seventy-five ($75) dollars per pay
period additional compensation above and beyond all other ce1iification pay .
10.10 DefeITed Compensation
City will contribute the amount of $15.00 per bargaining unit member per pay period,
effective the first full pay period following adoption of the MOU by the City Council.
10.11 Weekend Work Furlough Program
Purpose: To provide a public service for local government through the availability of
individuals in a sentencing alternative program, to perfonn clean-up type duties for all
divisions.
Affected Employees:
1. All pennanent employees hired on or after January 1, 2006 and assigned to the
Trees/ROW Division may be required to participate in the Weekend Work Furlough
Program (WWFP or "Program") and will be required to maintain their annual training
provided by the County Sheriff.
2. Participation by employees in all other Divisions will be on a voluntary basis.
3. Employees that volunteer for training in the Program may be required to participate in
the Program and shall maintain their annual training.
4. Employees shall be notified in writing of a schedule change and/or a regular assignment
to the WWFP Program ten (10) working days' prior to the effective date.
5. When an assignment in WWFP becomes vacant, any OE3 member is able to request
for a transfer to work WWFP.
10.12 Flexible Staffing-Maintenance Worker VII
An employee shall be eligible to advance from Maintenance Worker I (MWI) to
Maintenance Worker II (MWII) after three years of better than satisfactory service as
a Maintenance Worker I with the City of Cupertino or the equivalent, with the
recommendation of the Department Head and when all MWII job specification
requirements are met.
15
SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only.
For 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 fonnula.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0%
of applicable salary of the employee's contribution towards CalPERS.
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 CalPERS employee who qualifies as a classic member under
CalPERS Regulations only the City has contracted with CalPERS for a 2.0% @ 60
retirement formula based on a three year average compensation.
Effective the first full pay period after Union ratification and adoption of this MOU by
the City Council, the City shall not pay the employee's contribution rate to the
California Public Employees Retirement System (CalPERS) and each employee shall
pay the full 7% of applicable salary of the employee's contribution towards CalPERS .
C. For new employees hired by the City of Cupe1tino on or after January 1, 2013 and do
not qualify as Classic members Only.
For new employees hired by the City of Cupertino on or after January 1, 2013 and who
do not qualify as classic members as defined by CalPERS, CalPERS 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
CalPERS.
SECTION 12: 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
16
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 paiiicipating employee, the City shall contribute toward premium cost the
following amount per month during the tenn of this agreement.
January 1, 2022 City Max Health City Max Dental City Total Max
Contribution Contiibution Contribution
Employee 935.88 126.78 1,062.66
Employee +l 1.591.01 126.78 1,717.79
Employee +2 2.068.31 126.78 2,195 .09
Required contribution amounts exceeding the premium contribution of the City are the
responsibility of the employee. The City will no longer pay 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.
Dental Coverage: Effective the first month after OE3 ratification and Council adoption of
MOU, dental coverage is capped at $2,500.00 per dependent per annual plan year for the
tenn of this contract.
SECTION 13: INSURANCE
13.1 Long Term Disability
The City shall provide Long Tenn 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 60 day elimination
period.
13 .2 Life Insurance
The City shall provide life insurance and accidental death and dismemberment coverage
for each employee in the amount of five times the 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.
13 .3 Vision Care Insurance
17
The City provides Vision Care Insurance for employees and their dependents at a
cost of $19.16 monthly.
SECTION 14: PAID ABSENCES
14.1 Fixed Holidays
The City provides the following fixed paid holidays for eligible employees covered by this
agreement:
1. New Year's Day 11. Christmas Eve
2. Maiiin Luther King Day 12. Christmas Day
3. Presidents' Day 13. New Year's Eve
4. Memo1ial Day
5. Juneteenth
6. Independence Day
7. LaborDay
8. Veteran's Day
9. Thanksgiving Day
10. Day Following Thanksgiving
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 1ight of the Depaiiment Head, with the
approval of the appointing authmity, 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.
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 perfonned 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 tenn 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 .
18
14.2 Floating Holiday Leave
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 not less than one (1) hour. Floating holiday
leave shall be earned at a rate of. 77 hours per paid period . Floating holiday leave may be
accumulated up to 40 hours. Holiday leave shall be taken at the discretion of the employee
subject to prior supervis01y approval.
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 dming
the calendar year. Accrued vacation may be taken with prior supervisory approval.
Upon tern1ination 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 twice per calendar year basis, unused vacation
time for payment subject to the following conditions:
1. The employee must have accrued vacation of at least 120 hours.
2. Any payments made for unused vacation will be subject to all appropriate taxes.
3. Minimum exchange will be 8 hours; maximum exchange will be 80 hours .
4. All changes are irrevocable.
14.3.1 Vacation Accrual Rate
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
19
0 -3 Years 80 Hours 160 Hours
4 -9 Years 120 Hours 240 Hours
10-14 Years 160 Hours 272 Hours
15 -19 Years 176 Hours 320 Hours
20 + Years 192 Hours 352 Hours
An employee may accrue no more vacation credit than what is listed above.
14.3.2 Full vacation leave shall be taken at one time by any one employee whenever possible.
Vacation requests must be approved by employee supervisor in advance in writing. The
time during the calendar year at which an employee shall take his/her vacation shall be
detennined 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 Supervisor.
14.3.3 On tennination 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 tennination 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 nonnal work week.
14. 4 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 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 prorated amount of sick leave based on their regular hours worked in relation to 40 hours.
Employees absent without pay for any reason for more than forty ( 40) hours during a
calendar month shall not earn sick leave benefits for that month. Sick leave may be utilized
due to the employee's personal illness, pregnancy disability or sickness or injury to the
immediate family as defined below.
20
With proper notice and supervisory approval, except in a case ofbon-a-fide injury or illness
and/or unforeseen emergency, sick leave shall be taken in periods of no less than one-half
(1/2) hour increments .
The employee's immediate family consists of any of the following: Children, step-children,
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 dming non-work hours. If this is not possible, sick leave may be used
for these purposes .
An employee hired on or after October 17, 2012 may bonow up to 40 hours of sick leave,
subject to Depaiiment Head approval for sick time related to an industiial disability. The
employee will be required to repay this advance either in sick or vacation leave hours or
dollars, at the employee's option, upon returning to work as defined in the sick leave
advance policy. If an employee separates employment prior to repayment of the full
balance due, the amount due will be deducted from their final pay.
14. 5 Sick Leave Ve1ification
A Department Head or supervisor may require employees to furnish reasonable acceptable
evidence, including a doctor's ce1tificate, 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 medical certificate for each such subsequent absence for sick leave regardless
of duration. Continued abuse ofleave or excessive use of sick leave may constitute grounds
for discipline up to and including dismissal.
14. 6 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. 7 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, father-in-
law, step father, step mother, step brother and step sister. Additional bereavement leave of
21
up to 16 hours will be granted for travel out-of-state or over 200 miles. An employee may
request bereavement leave for the death of an individual not listed above and whom they
have a close and significant relation with and /or hours greater than 24, but not more than
40, which Human Resources can grant at their discretion. A denial under this section shall
not be subject to the grievance procedure.
14.8 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 oppo1tunity, within the
limits of military requirements , to determine when such leave shall be taken .
14.9 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 dming 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, and the employee is on paid status. Any time the employee's hours
adjust to less than 40 hours per week, 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
22
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 retum_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 infonnation is available at
www.edd.ca.gov/Disabililty and from Human Resources.
14.10 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 at the same rate as p1ior
to the leave, consistent with the contiibutions 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 dming 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 dming the leave in
the event of illness or medical appointments of the adoptive child during the leave.
14.11 Absence Notification
An employee is expected not to be absent from work for any reason, other than personal
illness, without making prior anangements with their supervisor. Unless prior
anangements are made, an employee who, for any reason, fails to report for work must
notify their supervisor by telephone, text, or email of their reason for being absent 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 ananged
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
23
absents herseWhimself for tlu·ee (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 ofleave with or without pay when extenuating circumstances are found to
have existed.
14.12 Catastrophic Leave
The City's catastrophic leave committee will establish a definition of catastrophic or life-
threatening illness. This cmmnittee will evaluate each individual case when it is submitted
to qualify to receive financial assistance. The only limitation is that the employee must be
the one facing the illness . The committee has the right to ask the applicant to submit further
documentation from the treating physician to determine the applicant's eligibility for
catastrophic leave hours.
Vacation hours and compensatory time off (CTO) hours are the only leave of absence
credits which may be donated in any pay period. A leave of absence transfer drive will be
held whenever necessary to provide for a minimum catastrophic leave bank balance of 40
hours. Upon retirement or resignation, an employee can contribute up to 10 hours of sick
leave provided that the employee has a minimum of 320 hours of sick leave, which has
previously become vested.
All benefited employees 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 suppo1iing medical documentation
to the Personnel Officer when applying for funds.
A recipient must have used all of their available leave hours before he/she is eligible. The
maximum amount is two months (LTD becomes available at this time).
14.13 Family Medical Leave Act/California Family Rights Act
The City of Cupertino shall comply with the leave provisions of the Family Medical Leave
Act and the California Family Rights Act for employees who qualify for leave under these
laws.
SECTION 15: SICK LEAVE CONVERSION
15.1 Sick Leave is not vested under California statut01y law.
15.2 At the time of tennination, the value of non-vested hours is converted to an incentive
compensation bank equal to the employee's base hourly rate.
15.3 If upon retirement an 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 incentive compensation
bank.
24
15 . 4 If upon resignation an employee has a minimum of 320 non-vested hours , payment shall
be made for up to seventy percent (70%) of the value of the incentive compensation bank.
15.4. a. Employees shall have the option of cashing out sick leave in accordance with Section
15 -Sick Leave Conversion. Any employee 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.
15. 5 Represented employees will have the option, subject to approval, 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. Minimum exchange will be eight hours sick
leave for four hours of vacation. An employee may conve1i 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 conversions , 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 14 calendar days in advance of intended vacation
utilization.
b. The granting of such exchange and subsequent use will be at the discretion of the
Department Head.
c. 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 conve1ied vacation
time, (after submitting at least one w1itten 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 conve1ied sick time to
vacation and will not be permitted for regularly accrued vacation time.
Regularly accrned vacation time will not be eligible for this re-conversion to sick leave
and any regularly accrned vacation time accrned in excess of the maximum allowable will
be disallowed and not subject to utilization by the employee.
NOTE: As used in this document, "reverse ratio" 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.
25
SECTION 16: SAFETY EQUIPMENT
The City will pay for actual cost of Safety Shoes up to $400 from City approved
vendor list. City will be billed directly from vendor, and any overages would be covered
by the employee.
The City shall retain the right to establish minimum safety and quality standards for the
steel toed safety shoes, clothing and safety equipment to be used while perfonning assigned
tasks.
The city will provide to the employee the following: hard hat, safety glasses , ear protection,
gloves, chain saw slip-on foot protection for employees who operate chain saws, orange
safety tee shirts and/or unifonn shi1is (11), sweatshirts, safety jacket (1 jacket every other
year), and rain boots.
The city will continue to provide and launder shirts or overalls, which shall be worn while
carrying out the duties of the city.
It is 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 and/or safety equipment, that employee will not be paid until he/she is at
the worksite with the required clothing and/or safety equipment.
Hard hats must be worn when work performed by an employee is equal to, or above his/her
eye level.
Steel toed safety shoes must be worn at all times during the workday.
For new employees, the safety and equipment allowance will be prorated from the date of
employment through the end of the fiscal year in which appointed (June 30).
The City will pay for prescription safety glasses for those employees needing such
protection.
The parties agree to discuss the safety equipment requirements dming the first year of this
contract at the regular Labor Management meetings in an effort to arrive at a mutually
agreeable list of equipment purchases and maintenance.
SECTION 17: CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
26
All bargaining unit employees shall have the privilege of enrollment in City sponsored
recreation programs at the City residents' fee strncture and in preference to non-residents
wishing to emoll. Each calendar year, employees and family members on the employee's
dental plan are eligible to receive up to $500 per employee in Rec Bucks toward recreation
services in accordance with the City's Recreation Buck Policy and 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. They must be used by the employee within
the calendar year and are 11011-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 18: 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 educational
oppo1tunities 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 City job related 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.
A copy of the supervisor 's and supe1intendent's recommendation to the Department Head
shall also be provided to the employee. The employee will initial supervisor's c01mnents
and the superintendent's reconm1endation prior to going to the Department Head for
approval or denial.
Once a training program has been approved, any employee covered by this agreement will
be eligible for reimbursement of up to $2,500.00 per calendar year for tuition and books
for training and education.
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.
27
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 .
18.1 Service Center Safety/Training Committee
The City and the Union agree to fonn a committee to jointly develop a safety/training
program. The committee shall meet monthly and will be responsible for the review,
discussion, and recommendations of all matters concerning safety and health, including but
not limited to accident investigations, safety surveys, job site inspections, safety audits,
training and emergency response roles. The committee shall work to problem solve and
fonnulate rec01mnendations to the approp1iate divisions within the Service Center.
Minutes of the meetings shall be taken and will be distiibuted to all Service Center
employees and posted in a conspicuous location(s). The City shall have two members and
the Union shall have one member, to be elected by the membership, from each Service
Center division.
The City and the Union are c01mnitted to a safe working environment, and in pursuit of
this shared commitment both sides agree to look at the benefits of implementing a Safety
Recognition Program . This effort shall be assumed by the Service Center Safety/Training
C01mnittee. Any agreement shall be by consensus between City and Union.
18. 2 Labor/Management Committee
The parties agree that regular meetings to explore mutual concerns will be beneficial to the
relationship between the City and the Union. To promote a problem-solving approach, the
parties agree that decision making shall be cooperative.
Consequently the paiiies agree to meet monthly to discuss any issue concerning the 1ights
of either party or the relationship between the City and the Union or the City and employees
the Union represents. The purpose of the meetings is to exchange infonnation and to solve
problems or issues. If the issue is not resolved, it may be placed on the agenda for the next
quaiierly labor management meeting. The parties may mutually agree to meet less than
monthly.
The parties agree that such meetings shall not be negotiations and therefore the results of
the meetings shall not be binding on the parties. These meetings are not to act as a
substitute for the roles and responsibilities of either a shop steward or other job
classifications. The Union shall elect one representative from each division and
management may have an equal number of participants on the committee.
SECTION 19: STRETCH ASSIGNMENTS
28
1.0 Purpose
The City of Cupe1iino is committed to the professional growth and development of its
employees. To fu1iher that endeavor, the City has a Succession Development program to
prepare current employees for future promotional oppo1iunities within the City. To gain
the necessary experience to obtain those much needed job skills , the City believes in the
concept of "learning by doing" or "on the job training" which can occur through "stretch
assignments ."
A Stretch Assigmnent is a project or task beyond their cun-ent knowledge or skills level in
order to "stretch" employees developmentally. A Stretch Assigmnent can also be working
in an advanced position in a limited capacity. It is a way to expand an employee's skills
and competencies.
[ A Stretch Assignment differs from Worldng Out of Class (WOOC) in that WOOC requires
the employee to meet the minimum qualifications of the position. There must be either a
vacant budgeted position or a temporary vacancy due to vacation, sick leave, or leave of
absence. The person already has the knowledge, skills, education or training needed to
perform all the duties and responsibilities of the job].
The assigmnent may be a limited tenn of three to six months but may be extended under
specific circumstances, as agreed upon by the employee and supervisor, and approved by
the Supetintendent. It is not to be used as a solution to fill a vacancy or understaffing.
Stretch assigmnents receive no additional compensation because they are considered
training oppo1iunities, unless all conditions of Working out of Class apply. A stretch
assigmnent is completely voluntaiy and can be terminated by either the employee or
supervisor at any time. Should either side wish to tenninate the assigmnent, they shall
consult with each other and explain the reason(s) for tenninating the assigmnent.
Stretch Assigm11ents is intended to be a pilot program for 12 (twelve) months after
adoption of this agreement. At the completion of the 12 (twelve) month pilot program
peiiod, City and OE3 Representatives will meet to discuss converting the pilot program
to a permanent status program.
2. 0 Procedure
1) Selection Process: Employees may self-identify at any time their desire to have a stretch
assignment to their supervisor. A supervisor may also select an employee to participate
in a stretch assigmnent if the employee agrees to an opportunity that the supervisor has
identified. Supervisors may identify employees for stretch assigmnents when
discussing future goals <luting the annual performance evaluation process or in one-on
one conversations. It is up to the Supervisor and the Supetintendent to detennine if
there is a stretch assignment available, if the employee has the capacity to take on
additional assignments, the operational needs of the department would not be
compromised, and it coincides with the employee's professional goals.
• There may be no more than one stretch assignment per Division at any one time.
• The Public Works Divisions shall be defined as:
29
o Grounds
o Trees and R/W
o Streets
o Fleet and Facilities
• If there is more than one employee in one Division interested in a stretch
assignment at one time, the following c1iteria may be considered for assignment:
o Time elapsed between Stretch Assignments (Employees that have not had
a previous Stretch Assignments shall be considered before those who have)
o Interview with Supervisor and Lead staff
o Previous Evaluation Rating
o Seniority
2) The Assigmnent: The assigmnent should be suited to the employee's skill set and those
that the employee desires to develop . It might be to exchange tasks with a coworker at
the same level to gain greater breadth of experience or tasks that would nonnally be
associated with a more advanced position. A stretch assignment could also include
training in another Public Works Division or City Depaiiment, with agreement by both
supervisors and both department Directors. The employee and Supervisor shall identify
specific competencies to be developed. The assignment will be mutually agreed upon
as well as the desired outcomes.
a. Stretch Assignment in an Advanced Position: When the assigmnent is in a more
advanced position, the employee shall not be expected to perform more than a
limited number of duties. This is an opportunity for the employee to gain the skills
not associated with their current position.
3) Workload: When perfonning a stretch assignment, expectations about the employee's
current workload will need to be considered. Mutual agreement as to how the employee
will modify or incorporate the stretch assigmnent into their current work must be made.
4) Approval: The -Supervisor will fill in the Stretch Assigmnent fonn and return it to the
Superintendent for approval.
5) Feedback: The employee will receive appropriate training at the beginning of the
assignment to allow him/her to learn the task sufficiently to pursue further practice
independently, with limited supervision. The supervisor should provide coaching and
mento1ing to the employee during the assigmnent. Periodic feedback should occur
throughout the stretch assignment. Upon conclusion of the assignment, the supervisor
will use the fom1 attached to provide the employee with feedback on the assignment.
The feedback will only be placed in the employees personnel file upon the employee's
request.
SECTION 20: PERFORMANCE EVALUATIONS
30
The · purpose of perfonnance evaluations is to have fonnal communication between
supervisor and employee regarding job perfo1111ance. It is a value to both parties to have
this process be meaningful and fair.
In the event that an employee's perfonnance appears to need improvement, the supervisor
should immediately acknowledge the problems in infonnal or documented oral counseling
sessions in a confidential setting. It is not in either the City's or the employee's interest to
have the feedback delayed until the time of the annual perfmmance evaluation.
I
Annual perfonnance evaluations will occur no later than 30 days after the due date as set
by Human Resources. Division Maintenance Worker III(s) should provide input in
conjunction with the employee evaluation process .
SECTION 21: WORKERS' COMPENSATION BENEFITS
Any employee sustaining an injury arising out of, or in the course of, the performance of
his/her job and who cannot work at the duties and responsibilities nonnally assigned to
that job is entitled to receive Workers' Compensation as prescribed by state law.
21.1 Use of Sick Leave to Supplement Workers' Compensation Payments
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. Sick leave hours used will
subsequently be credited to the employee's account by dividing the employee's base hourly
rate into the amount that the employee would have received in Workers' Compensation
111JUry pay.
SECTION 22: DIS C IPLINARY 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.
31
Should the offense, in the judgment of the supervisor, be so se1ious or be of a continuous
nature, the supervisor shall recommend more seiious reprimand measures or disciplinary
action to the Superintendent. These measures would include, but not be limited to, w1itten
rep1imands, suspensions and termination.
Wiitten repiimands shall be destroyed after three (3) years if requested in wiiting by the
employee and provided the offense has not re-occurred.
When the disciplinary actio1; recommended by the supervisor, and with the concmTence of
the Supeiintendent, would impact "prope1iy 1ights" of the employee as defined by the
comis of California, it shall be referred to the Director of Public Works.
A wiitten notice from the Director of Public Works to the employee and the Union at least
ten (10) working days piior to any action, shall state the proposed disciplinary action. The
notice shall also contain:
a . effective date and time of the proposed action
b. the alleged reason for the proposed action
c. the acts or omission which support the allegation
d. the mateiials upon which the allegation(s) are based and access to any other related
items
e. a "Skelly" pre-disciplinary statement as to the lights of the employee to respond either
orally or in wiiting to the Director of Public Works piior to the effective date of the
proposed action; and the employee's right of appeal
f . 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 meeting will postpone the effective
date of action until the Skelly has been heard and the City has responded to issues raised
in the Skelly meeting. In this case the effective date will be ten (10) working days from the
Director's response.
SECTION 23: LAYOFF PROCEDURE
The appointing authoiity may layoff employees for lack of funds, lack of work or for other
similar and just cause. The appointing authority will identify the classification(s) subject
to layoff. For purposes of this Section, Maintenance Worker I and Maintenance Worker II
shall be considered the same classification. Part-time employees shall be released from
City service piior to any layoff of regular, full-time employees in the same classification.
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
32
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
detennining 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. Such notice
will include the employee's 1ights 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
opp01iunity 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 w1itten 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 24: REINSTATEMENT
With the approval of the appointing authority, a regular 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 25: GRIEVANCE PROCEDURE
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:
33
Step 1: Any employee who has a grievance shall submit it designated as a grievance to the
employee's immediate supervisor within ten (10) business days of the occun-ence of the
dispute, who is designated for this purpose by the City.
The supervisor shall give the employee an oral answer within ten (10) business days after
such presentation.
Step 2: If the giievance is not settled in Step 1 and the employee wishes to advance the
grievance to Step 2 of the giievance procedure, it shall be refen-ed in writing to the
employee's next highest supervisor within ten (10) business days after the supervisor's oral
answer, or answer due in Step 1, and shall be signed by both the aggiieved employee and
the Union Representative or Union Business Agent. The written grievance shall contain a
complete statement of the facts , the provisions or provisions of this Agi·eement 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 ten (10) business
days with the employee and the Union Representative 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 ten (lO)_business 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 refe1Ted in writing to the
employee's Department Head within ten (10) business days after the supervisor's answer in
Step 2 and shall be signed by both the aggrieved employee and the Union Representative
or Union Business Agent. The Department Head shall discuss the grievance within ten (10)
business 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 ten (10) business days following their meeting.
Step 4: If the giievance 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) business days after the decision
is provided at the third step.
1) The parties shall attempt to agree upon an advisory arbitrator within seven (7) business
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) business day pe1iod, 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.
34
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 reco1mnendation in writing within thirty
(30) calendar days following the close of the heaiing or the submission ofb1iefs by the
parties, whichever is later.
5) More thai1 one grievance may be submitted to the same advisory arbitrator if both parties
mutually agree in writing.
6) The fees and expenses of the advisory arbitrator and the cost of a written transc1ipt 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 Auth01ity 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 detennine the issue
raised by the grievance as submitted in writing at the Second Step. The advisory arbitrator
shall have no authority to make a rec01mnendation on any issue not so submitted or raised.
The advisory arbitrator shall be without power to make reco1mnendations contra1y 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 comi decisions. The recommendation shall be advisory only.
SECTION 26: IMPASSE PROCEDURE
The following procedures, shall apply in the event the parties are unable to resolve and
impasse satisfactorily:
26.1 Impasse
A. Impasse procedures may be invoked only after the possibility of settlement by direct
discussion has been exhausted .
Any party may initiate the impasse procedure by filing, with the other party (or parties)
affected, a written declaration of impasse. Once a party has initiated the impasse procedure,
the parties shall comply with the requirements of California Government Code sections
3505.2, 3505.4, 3505.5, 3505.7, as well as any other applicable sections of the California
Government Code and applicable PERB regulations.
35
B. The fees and expenses , if any, of mediators or of any other impasse procedure, shall be
p ayable a ccordance with the California Go v ernment Code sections 3505 .2, 3505 .5 ,
and any applicable regulations .
SECTION 27 : 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 govermnent 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 : RATIFICATION
Nothing contained in this agreement shall be binding upon either the City or the Union
following signing of this agreement by the parties until it has been ratified by the Union's
membership and presented and approved by the City Council of the City.
SECTION 29 : REOPENER
During the tenn of this Agreement, upon request by the City or OE3, the City and
Union 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 30: TERM
This agreement shall be effective commencing the first full pay period after Union ratification and
adoption by the City Council ending at 11 :59 p.m. on June 30, 2025 . ,
36
SECTION 31: COMPENSATION SURVEY
Management and OE3 agree to a compensation survey database strncture which identifies
specific benchmark classifications for job families, classifications within the job families
of each benchmark classification, survey agencies and survey classification matches . The
City will provide OE3 representatives notice of the survey and an opportunity to meet with
the City in advance of the commencement of the survey to allow the parties to discuss
survey methodology . Survey Cities include:
1. Campbell 8 . Palo Alto
2 . Los Altos 9 . San Mateo
3. Los Gatos 10. Santa Clara
4. Menlo Park 11. Saratoga
5. Milpitas 12. Sunnyvale
6 . Morgan Hill 13 .
7 . Mountain View 14.
The survey data is intended to provide a source of infonnation concerning how the
compensation paid to employees in bargaining unit job classifications compares to that
paid by other public employers. The City will update the survey database and send a copy
to OE3 six weeks before expiration of this agreement. This survey data will be considered
in successor agreement negotiations.
37
EXHIBIT A: HOURLY SALARY RANGES
Salary Effective First Full Pay Period in July 2022, , retroactive to the first full pay period of July 2022
Classification Step 1 Step 2 Step 3 Step4 Step 5
EQUIPMENT MECHANIC $41.97 $44 .07 $46.27 $48.58 $51.01
LEAD EQUIPMENT MECHANIC $46.27 $48.58 $51.01 $53.56 $56.24
MAINTENANCE WORKER I $31.14 $32.70 $34.34 $36.06 $37.86
MAINTENANCE WORKER II $36.06 $37.86 $39.76 $41.74 $43.85
MAINTENANCE WORKER Ill $41.74 $43.85 $46.04 $48.36 $50.78
STREET LIGHT WORKER $42 .15 $44.26 $46.47 $48.79 $51.23
35
CITY OF CUPERTINO OPERA TING ENGINEERS, LOCAL 3
Christopher Boucher Michael Moore
Kristina Alfaro Kevin Green
Vanessa Guen-a Sean Filbeck
Dianne Thompson Andrew Schmitt
Adrian Sanchez
Michael Kimball
35