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04-066 FY 04/05 MOU Operating Engineers Local No. 3MEMORANDUM OF UNDERSTANDING City of Cupertino and Operating Engineers Local No. 3 July 1, 2004 - June 30, 2007 Table of Contents Category Section Pale Number Definitions 1 1 Union Recognition 2 1 Non-Discrimination 3 2 Representation Rights 4 2 Agency Shop 5 2 City Rights 6 6 Permanent Transfers 7 6 Notification of Proposed Change 8 6 Hours of Work: Overtime 9 6 Compensation for Services 10 8 Public Employees Retirement Contribution 11 11 Health and Welfare Benefits 12 11 Insurance 13 12 Paid Absences 14 12 Sick Leave Conversion 15 17 Safety Equipment 16 18 City Sponsored Recreation Programs 17 19 Training and Tuition Reimbursement 18 19 Temporary Disability Benefits 19 19 Disciplinary Action 20 20 Layoffs 21 21 Reinstatement 22 21 Grievance Procedure 23 22 Impasse Procedure 24 23 Cate~orX Section Continuation of Benefits 25 Separability 26 Ratification 27 Term 28 Elmwood Work Furlough Program Attachment A Salary Range Attachment B Page Number 24 24 24 24 26 28 u MEMORANDUM OF UNDERSTANDING Between CITY OF CITPERTINO and OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO This agreement, entered into the 1st: day of July, 2004 between the official representatives of the City of Cupertino, hereinafter referred to as "City", and the official representatives of the Operating Engineers Local Union No. 3, AFL-CIO, hereinafter referred to as "Union", sets forth the agreement resulting from the several discussions held between the two parties concerning the wages, hours, and other terms and conditions of employment for the employees of the Public Works Unit of the City, for which the Union is the recognized sole and exclusive representative. This agreement represents the entire and integrated agreement between the City and the Union and supersedes all prior representations and agreements, whether written or oral. General Provisions SECTION l: DEFINITIONS 1.1 City -the City of Cupertino, a municipal corporation 1.2 Union -the Operating Engineers Local U~iion No. 3 1.3 Employe -All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the; Cupertino Municipal Code. SECTION 2: 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 represent~itive of the employees within the Public Works Unit consisting of the following classifications as. well as any new classifications which maybe appropriate for this unit as determined by the Municipal Employee Relations Officer: • Equipment Mechanic • Street Lighting Worker • Maintenance Worker I • Maintenance Worker II • Maintenance Worker III 1 2.1 The City shall promptly notify the Unio~i of its decision to implement any and all new classifications pertaining to work of a nature performed by employees in the bargaining unit. SECTION 3: NON-DISCRIMINATION In accordance with the City of Cupertino Equal Opportunity in Employment Plan, all employees shall have equal opportunity in employment without regard to race, religion, political affiliation, national origin, sex, handicap, sexual orientation or age. SECTION 4: REPRESENTATION RIGHTS 4.1 The City and Union shall not interfere v~~ith, intimidate, restrain, coerce or discriminate against employees of the City because ~~f their exercise of representation right under Section 3502 of the Government Code. 4.2 Business Representatives of the Union m.ay have access to any employee or employees presenting a grievance and employees have the right to have the Union Business Representative represent him or her at all ;stages of disciplinary action. 4.3 The Union may select two (2) employees som the Service Center as Union Steward. 4.4 In addition to his/her regularly assigned work, the Union Steward shall be permitted reasonable time during working hours to notify the Business Representative through the most rapid means appropriate and available of any alleged violations of this Memorandum. Employees are authorized to contact their Union Steward during working hours to report an alleged grievance or violation of this Memorandum. 4.5 The City agrees to deduct on a bi-weekly basis the monthly Union membership dues or appropriate agency fee from the earned wages of each employee within the bargaining unit upon receipt of signed authorization to do so from each employee concerned. Terminations and other personnel changes affecting dues payment will be provided to the Union by the City. 4.6 The City and the Union desire to work towards a good working environment which includes productivity and respect for e~ich individual regardless of classification or representation. SECTION 5: AGENCY SHOP Except as provided otherwise herein, the; provisions of this Section shall apply to all employees of the City in all classifications represc;nted by the Union when on paid status, except those mutually designated classifications and mutually designated employees who are employed for no more than 1000 hours per fiscal year. The provisions of this Section shall not apply to individual employees who have been properly ;end finally determined to be management or confidential employees. 2 For the term of this Agreement, all current and future employees of the City as described above, except as set forth below, shall, as a co~idition of continued employment, become and remain a member of the Union or, in lieu thereof, shall pay a service fee to the Union. The service fee payment shall be established annually by the Union. 5.1 Employee Rights 5.1.1 The City and the Union recogpize 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. 5.1.2 Accordingly, membership in the Union shall not be compulsory. An employee has the right to cho~~se, either; to become a member of the Union; or, to pay to the Union a fee for representation services; or, to refrain from either of the above courses of ;action upon the grounds set forth in Section 5.6 below. 5.2 Employee Selection 5.2.1 Any regular employee, must, within thirty (30) days of their employment with the City, submit to the City either a signed authorization to deduct dues as a member of the Union; or, sig~i and deliver to the City a written assignment authorizing deduction of the ~~roperly established agency fee as defined in Section 5.3.1 below, subject to the conditions set forth in Section 4.5 of this MOU. Upon receipt of the duly completed authorization, the City will deduct from the pay of the employee and pay to the Union the normal and regular monthly fee. If the employee i;~ granted an exception from these fees based on a religious exception as expla:~ned in Section 5.6 below, the employee must designate a charity from Section 5.6.2 to which the appropriate amount will be paid through payroll deduction.. 5.2.2 If a person fails to make any of the designations set forth above within the thirty (30) day period, they will be given notice by the City that the Agency Fee deduction will be made beginning with the first full pay period following the expiration of the thirty (30) day period. The City and the Union agree that the Agency Fee shall be p;~.id in exchange for representation services necessarily performed by the '~Jnion in it's capacity as exclusive bargaining agent and in conformance v~ith it's duty of fair representation of said employee who is not a member of the Union. 5.2.3 Any regular employee who makes a designation to pay the Agency Fee within the above thirty (30) day perio~j may at anytime thereafter join the Union and provide to the City a signed authorization to deduct dues as a member of the Union in lieu of the Agency Fe~~. 3 5.2.4 During the last thirty (30) days of this Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, any employee who is a memY~er of the Union, may, by written notice to the Municipal Relations Officer or designee, resign such membership and change their status to the Agency Fe:e or exempt category in accordance with the provisions of this article. 5.2.5 The Union specifically agrees that the provisions of Section 5.7 of this Section apply to any claims against the City or any of its agents or employees regarding the payroll deduction of Agency Fee. 5.3 Definition of Agency Fee 5.3.1 The Agency Fee collected from non-member bargaining unit employees pursuant to Section 5.2.1 of this Memorandum of Understanding shall be limited to the Union's (local, state, and national) annual costs for representing such employees. Such amount shall be those amounts for full-time employees as are certified to the Municipal Employee Relations Officer/Human Resources Manager or designee, from time-to-time by the designated officer of the Union as the Agency Fee;. 5.3.2 The Union certifies that this '`representation fee" includes only those costs actually incurred by the Unio~i in representing employees, who are not also members of the Union, in matters specifically and directly connected with the enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. The Union further certifies that this "representation fee" excludes all other costs, fees, and adjustments including, but not: limited to: Union fines, back dues, initiation fees, or any other charge required as a condition of Union membership; any and all amounts which may t,e used, directly or indirectly, for political or ideological activities, any anti all amounts which do not constitute costs actually incurred by the Uni~~n in representation matters specifically and directly connected with the baa~gaining of, enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. T:':~e Union specifically agrees that the provisions of Section 5.7 of this Section apply to any claims against the City or any of it's agents or employees regarding the appropriateness of the amount of any "representation fee" set forth in this Section. 5.4 Exceptions The provisions of Section 5 shall not apply to non-benefited part-time employees. 5.5 Financial Reporting 4 5.5.1 The Union shall submit to thf; City a detailed written financial report of it's financial transactions in the form of a balance sheet and an operating statement, certified as to accuracy by the Union's Executive Secretary. Each year such reports shall be vf;rified and submitted in writing to the City's Human Resources Manager by the Union within 60 days of July 1. 5.5.2 The Union will provide a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker not chosen by the Union and will make provision for ari escrow account to hold amounts reasonably in dispute while challenges are pending. 5.6 Employees Exempted from Obligation to pay the Union 5.6.1 Any employee shall be exempted from the requirements of Section 5.2 above if such employee is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization and is recognized by the National Labor Relations Board to hold sue;h objections to Union membership. Such employee shall, upon presentation of membership and historical objection satisfactorily to the City and the Union, pay the required service fee to a recognized non-profit charity. 5.6.2 Such exempt employee shall, as outlined in Section 5.6.1 above, as an alternative to payment of an ~~gency Fee to the Union pay an equal amount equivalent to such Agency Fee to either: a) The United Way; b) Combined Health Agencies Drive (C.H.A.D.); c) Any charity jointly agreed upon by the City and the Union. Such charities cannot be affiliated in any manner with the Union, nor can such charity be related to an established religious organization. 5.7 Hold Harmless The Union shall hold the City harmless and shall fully and promptly reimburse the City for any reasonable legal fees, court costs, or other litigation expenses incurred responding to or defending against any claims against the City or any of it's agents, or employees, in connection with the interpretation, application, administration or enforcement of any section in the Memorandum of Understanding pertaining to Age-ncy Fees. 5.8 Expiration Date of Agency Fee Provisions It is agreed and understood by the parties to this memorandum of Understanding that the provisions, rights and obligations herein pertaining to payment of any Agency Fee and dues deduction shall not survive beyond the term of this Memorandum of Understanding, and shall accordingly expire at the expiration of this Memorandum, provided however that, pursuant to 5 Government Code Section 3502.5, this Section `~ may be rescinded in its entirety by a majority vote of all the employees in the unit covered ley this Memorandum of Understanding. It is understood and agreed that: (1) a request for such a vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees covered by this Section; (2) such vote shall be by secret ballot; and (3) ;;uch vote may be taken at any time during the term of this Memorandum of Understanding, but in no event shall there be more than one vote taken during such term. SECTION 6: CITY RIGHTS The rights of the City include, but are not: limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of services; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the content of job classifications; take all necessary :actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The City shall give forty-five (45) days prior written notice to the Union of the intent and anticipated impact or proposed contracts for work now being done or new work that could be done by job classifications represented by the Union. SECTION 7: 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 written notice upon the Union of any intent to change or alter any ordinance, rule, resolution or regulation affecting the recognized employee organization on matters relating to the scope of representation. Upon receipt of the written notification of intended change, the parties will meet at a date riot 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 dc;termines 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 mc;et at the earliest practical time following the adoption of such ordinance, rule, resolution regulation consistent with the agreement. SECTION 9: HOURS OF WORK: OVERTIME 9.1 Hours of Work Defined 6 Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The normal work week shall be 40 hours in seven days with two consecutive days off. 9.2 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours of work will be made after ten days prior notice. Volunteers will be sought for any change in regular work hours to a shift beginning after 9:00 a.m. If there are no volunteers, the regular employee with the least seniority 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 Friday or Monday is a recognized holiday. (See Section 14.1 -recognition of Saturday and Sunday holidays.) 9.3 Rest Periods Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage dedu<;tion shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 9.4 Overtime Overtime shall be defined as any work in excess of Section 9.1 above. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the Department Head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 9.5 Payment of Overtime All approved overtime work performed b}~ employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. 9.5.1 Meal Periods 7 A paid meal period and a $12 meal allow~ince shall be provided when an employee works more than three consecutive hours immediately following the end of a regular workday. In addition, after four additional consecutive hours of overtime 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 eac1~ 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. Any CTO earned exceeding 80 hours will be paid at the rate of time and one-half. 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 p~~y period. SECTION 10: COMPENSATION FOR SERVICES 10.1 Salary Range a. Approximate monthly salary range:s as listed on Attachment B will apply for each classification effective at the begi:rming of the pay period in which July 1, 2004 occurs. b. The City agrees to pay a 10% differential to employees assigned to lead responsibilities for the work furlough program. Other employees assigned to the work furlough program will receive a 5% pay differential. c. The City agrees to conduct a compensation (salary and retirement only) survey in 2005, 2006 & 2007. The following Santa Clara County cities will be used in the compensation survey: Campbell Los Gatos Mt. View Santa Clara Gilroy Milpitas Palo Alto Saratoga Los Altos Morgan Hill San Jose Sunnyvale d. Comparable classifications must b~; found in at least six (6) cities for a benchmark classification to be considered. 8 e. The City of Cupertino will place in the top six cities in compensation (salary & retirement) as listed by the 13ay Area Employee Relations Service where applicable as of 05/31/05 and 0:5/31/06, using comparables from Milpitas at 37.5 hours/week and Los Gatos; at Parks & Maintenance Worker Trainee. Top six compensation will be based on salary and the amount each survey city pays of the employee's retirement contribution rate. Salary adjustments will be made on 07/01/05 and 07/01/06 only if the City of Cupertino falls below the top six cities in comf~ensation as described herein. The 05/31/07 survey will be informational to be used by the parties in negotiations for a successor agreement. f. Any compensation adjustment for a benchmark classification (the two underlined classifications below) to place iii the top six cities will also be provided to classifications related to the benchmark as set forth below: Equipment Mechanic Maintenance Worker I Maintenance Worker II Maintenance Worker III Street Lighting Worker 10.2 Bilingual Pay Differential a. An employee who uses bilingual skills as approved by his/her supervisor and who passes the required language proficiency test(s) is eligible to receive a 7.5% bilingual pay differential only for the work time during which employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum. 10.3 Out-of--Class Temporary assignments to a position assigned to a classification in a higher pay grade shall be compensated at a rate seven and one half percent greater than that of the regular position, for the number of hours so assigned. The temporary assignment shall be a~.~thorized in writing by the Supervisor or Superintendent of Public Works. No employee shall work in a higher classification without written notice. A copy of the authorization shall lre submitted with the timesheet for the affected pay period. No increase in the wage rates shall apply in instances of Maintenance Worker I positions temporarily assigned to positions of Maintenance Worker II classification. 10.4 Standby Compensation Employees who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated at the following rate per 128 hours so assigned during the term of this agreement. 9 July 1, 200~'~ - $200.00 Minimum manning and skill qualifications for standby assignment shall be determined by the City. Assignment of such standby duty shall ~~~e 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 duties during the period of the close of the regular work day and the start of the next following work day, compensation shall be paid at one and one-:half (1 1/2) times the normal rate of the period the employee is required to be available at the ~~vork 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 normal 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 ~,vill be based on merit (satisfactory evaluation) and are scheduled annually thereafter. 10.8 Special Skills Compensation - Oualified An~licator's Certificate/Welding Effective July 1, 2000 an employee p~~ssessing a valid QAC will be eligible for five percent (5.0%) premium pay for each hour worked when assigned to tasks requiring possession of the QAC. An employee possessing a valid Certificate of Welding, qualified in mild steel, pipe, stainless steel, and aluminum, will be eligible for five percent (5.0%) premium pay for each hour worked when assigned to perform welding on the following "public liability" and/or "public safety" tasks. a. Playground equipment b. Trailer hitches c. Trailers d. Welding and installing cranes e. Water tanks f. Other welding tasks assigned 10 2. Special Skills Compensation -Assigned Use of Class B Driver's License An employee is eligible to receive a five percent (5%) premium pay when assigned to operate/drive a vehicle requiring a commercial Class B driver's license. 10.9 Flexible Staffing -Maintenance Worker UII An employee shall be eligible to advance from Maintenance Worker I to Maintenance Worker II after one year of satisfactory service; at the maximum salary step of Maintenance Worker I and with the recommendation of the department head. Maintenance Worker Trainees hired after 07/Dil/1999 are eligible to advance from Maintenance Worker I after successful completion of step 4, to Maintenance Worker II, step 4. SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION Beginning the first pay period in which July 1, 2004 falls, the City agrees to pay one- half (50%) of the employee's contribution rate to the Public Employees Retirement System not to exceed 3.5% of applicable salary. The City will pay the employer's contribution of the retirement cost which is increasing by 6.42'% in fiscal year 2004/05. SECTION 12: HEALTH AND WELFARE BE1vEFITS The City agrees to make available a plan of comprehensive health and welfare benefits for eligible employees, as well as those provided ley the Operating Engineers Health and Welfare Trust Fund for Northern California. Any such. benefits program must have the continued approval of the Board of Administration, Public Employees Retirement System. For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement. Jul 1, 2004 throu h December 31, 2004 Medical Insurance Covera a Level Ci Contribution Em to ee 762.50 Em to ee + 1 762.50 Em to ee +2 762.50 Januar 1, 2005 throu h December 31, 2005 Medical Insurance Covera a Level Ci Contribution Em to ee 762.50 Em to ee + 1 822.50 Em to ee +2 862.50 11 Janua 1, 2006 throu ;h December 31, 2006 Medical Insurance Covera a Level Ci Contribution Em to ee 762.50 Em to ee + 1 862.50 Em to ee +2 902.50 Janua 1, 2007 thrc-u h June 30, 2007 Medical Insurance Covera a Level Ci Contribution Em to ee 762.50 Em to ee + 1 902.50 Em to ee +2 942.50 Required contribution amounts exceeding; the premium contribution of the City are the responsibility of the employee. In instances where the premium for the insurance plan selected is less than the City's maximum premium contribution, the difference will be added to the employee's bi-weekly compensation during th~~ first two pay periods of each month. An employee may elect to have excess medical continued as deferred compensation at the employee's discretion. SECTION 13: INSURANCE 13.1 Long Term Disability 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 lo:;t 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 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 The City shall provide Vision Care Insurance for employees and their dependents at a cost of $13.74 monthly. SECTION 14: PAID ABSENCES 14.1 Fixed Holidays The City shall provide the following fixed paid holidays for eligible employees covered by this agreement: 12 1. New Year's Day 2. Martin Luther King Day 3. Presidents' Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day Following Thanksgiving 10. Christmas Eve 11. Christmas Day 12. New Year's Eve When a holiday falls on a Sunday, the following Monday shall be observed as the non- work day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non- work day. Nothing contained herein shall preclude; the right of the department head, with the approval of the appointing authority, to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignme~lts. 14.1.1 Holiday Pay In order for an employee to receive his/h~;r regular pay for a holiday or designated non- work day, work must be performed on the rf;gular scheduled day before and the regular scheduled day after the holiday or designated non- work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. 14.2 Floating Holida.~Leave In addition to the foregoing paid holida:~s, eligible employees shall earn 20 hours of holiday leave per year that may be used in incr~;ments of not less than one (1) hour. Holiday leave shall be taken at the discretion of the emplo~~ee subject to prior supervisory approval. Each pay period an employee will be credited with .77 hours of holiday leave. Holiday leave maybe accumulated up to 40 hours. 14.3 Vacations All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits during the calendar year. Accrued vacation maybe taken with prior supervisory approval. 13 Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate of vacation being earned. Represented employees may convert, on a twice per calendar year basis, unused vacation time for payment subject to the follov~ring conditions: 1. The employee must have accrued vac<tion 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 employee's accrue vacation in accordance with the following schedule. Benefited employees who work less than afull-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. Service Time Hrs of Accrual Per Pav annual Accruals Maximum Accrual Period 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 - 14 Years 5.24 136 Hours 272 Hours 15 -19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours earned. An employee may accrue no more vacation credit than twice the annual rate being 14.3.2 Full vacation leave shall be taken. at one time by any one employee whenever possible. The time during the calendar year at which an employee shall take his/her vacation shall be determined with due regard for the wishe-s of the employee and particular regard for the needs of the service. Vacation leave of less than the full amount earned may be taken with the approval of the department head. 14.3.3 On termination of employment or on receiving a leave of absence of more than three (3) months, an employee who has completed 12 months of continuous service with the City shall be entitled to receive compensation for all e-arned but unused vacation accrued at the time of termination or at the start of said leave of absence. 14.3.4 The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the normal work week. 14.4 Sick Leave 14 All full time employees, other than thosf; holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would normally work in one day or the equivalent without limit on accumulation. Employees absent without pay fir any reason for more than forty (40) hours during a calendar month shall not earn sick leave benefits for that month. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half (1/2) hour increments. 14.5 SICK LEAVE VERIFICATION A Department Head or supervisor m;iy require employees to furnish reasonable acceptable evidence, including a doctor's certific~ite, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workd~iys. 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 of leave 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 bereave-ment leave not to exceed a total of 24 hours upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, children, step-children, domestic partner, grandparent, grandchildren, mother-in-law and father-in-law. 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 opportunity, within the limits of military requirements, to determine when such leave shall be taken. 14.9 Pregnancy Disability Leave A pregnant employee is entitled to up to four months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary 15 disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than 4 weeks) before the date she expects to take the leave and the estimated duration of the leave until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. 14.10 Adoption Leave Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and s~:ck leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. 14.11 Absence Notification An employee is expected not to absent herself/himself from work for any reason, other than personal illness, without making prior arra~igements with his/her supervisor. Unless prior arrangements are made, an employee who, for arty reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor or office personnel of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor or office personnel on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal by the department head. In the absence of such disciplinary action, any employee who absents herself/himself for three (3) days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating cir~~umstances are found to have existed. 14.12 Catastrophic Leave 1. The City's catastrophic leave committee will establish a definition of catastrophic or life-threatening illness. This committee will evaluate each individual case when it is submitted to qualify to receive financial assistance. The only limitation is that the employee must be the one facing the :illness. The committee has the right to ask the applicant to submit further documentation from their physician to determine the applicant does suffer a catastrophic orlife-threatening illness. 2. Vacation hours and compensatory time off (CTO) hours are the only leave of absence credits which may be donated in any pay period. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours. 16 3. All benefited employees who have passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their represf;ntative must complete a prescribed application form together with supporting medical documentation to the Personnel Officer when applying for funds. 4. A recipient must have used all of their available leave hours before he/she is eligible. 5. The minimum time an employee could receive funds would be one week. The maximum amount is two months (LTD becomes available at this time). 14.13 Family Leave The City of Cupertino will comply with State and Federal Family Leave Laws. SECTION 15: SICK LEAVE CONVERSION 1 S.1 Sick Leave is not vested under California statutory law. 15.2 At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's base hourly rate averaged over the immediate past 60 complete months of employment multiplied by the total number ofnon-vested hours. 15.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five percent (85%) of they value of the incentive compensation bank. 15.4 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the incentive compensation bank. 1 S. S 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. Mi~iimum exchange will be eight hours sick leave for four hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half (1/2) of vacation accrued during the previous twelve (12) months. Such conversion, either to exchange sick lf;ave 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 60 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. 17 c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not bf;en permitted the use of the converted vacation time, (after submitting at least one w::~itten 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 permi~:ted for regularly accrued vacation time. d. If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re- conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse 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. SECTION 16: SAFETY EQUIPMENT The City will pay on an annual basis the fallowing amount to employees for the purchase of steel toed safety shoes and rain gear during the term of this agreement: July 1, 2001- 400.00 The City shall retain the right to establisY~ minimum safety and quality standards for the steel toed safety shoes, clothing and safety equipment to be used while performing 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 uniform shirts (11), sweatshirts, orange 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. 18 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). Any employee who, for whatever reason, terminates his/her employment with the City before the beginning of the next fiscal year, shall return to the City the prorated value of said safety equipment allowance. SECTION 17: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege; of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $500 toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time benefited employees will have the annual amount prorated based on number of hours worked. SECTION 18: TRAINING AND TUITION REIl~1BURSEMENT Tuition reimbursement, as described below, is suspended for fiscal year 2004/05. It is the intent of the City to recognize the value of training to its employees and to adopt a training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and interests in the direction of their career with the City and by doing so to improve the Mur..icipal Service. Employees who wish to seek reimbursement from the City for training program costs shall provide a written request for reimbursement to their immediate supervisor. The request shall include the type of program, sponsoring organization or institution, meeting times and costs for such program. A copy of the supervisor & superintendent's recommendation to the department head shall also be provided to the employee. The employee will initial supervisor's comments and the superintendent's recommendation prior to going to the department head for approval or denial. Once a training program has been approved, any employee covered by this agreement will be eligible for reimbursement. However, an employee shall not receive any reimbursement until providing satisfactory proof of successful completion of the program. 18.1 Service Center Safety/Training Committee The City and the Union agree to form a committee to jointly develop asafety/training program to include, but not limited to: CPR, first aid, safe work habits and emergency response roles. The City shall have two members and the Union shall have one member from each Service Center Bureau. SECTION 19: TEMPORARY DISABILITY BEI\(EFITS 19 Any employee sustaining an injury arising out of, or in the course of, the performance of his job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability payments as prescribed by state law. 19.1 Use of Sick Leave to Supplement Temporary Disabilit~Payments Any employee entitled to receive tempor~uy disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. 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 industrial injury pay. SECTION 20: DISCIPLINARY ACTION The City has a policy of progressive discipline. When the need for discipline arises, the minimum disciplinary action will be taken commensurate with the seriousness of the offense which has resulted in such discipline. The severity of the discipline will increase if corrective action is not taken. The first and/or most modest step of progressive discipline in the case of minor breaches of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach continues, or the offense is more than minor, in the judgment of the supervisor, the employee shall be notified through the issuance of an infracrion notice. Such infraction notices shall remain in the supervisor's file and be destroyed after twelve months. Should the offense, in the judgment of the supervisor, be so serious or be of a continuous nature, the supervisor shall recommend more serious reprimand measures or disciplinary action to the Superintendent. These measures would include, but not be limited to, written reprimands, suspensions and termination. When the disciplinary action recommended by the supervisor, and with the concurrence of the Superintendent, would impact "property ri;~hts" of the employee as defined by the courts of California, it shall be referred to the Director oi~Public Works. A written notice from the Director of Public Works to the employee at least five days prior to any action, shall state the proposed disciplinary action. The notice shall also contain: 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 materials upon which the allegation(s) are based and access to any other related items e. a "Skelly" pre-disciplinary statement as to the rights of the employee to respond either orally or in writing to the Director of Public Works prior to the effective date of the proposed action; and the employee's right of appeal 20 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 five (5) days from the Director's response. SECTION 21: LAYOFF PROCEDURE The appointing authority may layoff employee; for lack of funds, lack of work or for other similar and just cause. The appointing authorifty will identify the classification(s) subject to layoff. For purposes of this Section, Maintena~ice Worker I and Maintenance Worker II shall be considered the same classification. Pay°t-time employees shall be released from City service prior to any layoff of regular, full-time employees in the same classification. Employees in a classification(s) identified for 1<<yoff 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 iii a lower classification shall be entitled to placement in the lower classification, subject toy conditions (a) and (b) listed in this section. The City will provide a 30 day notice to any emiployees identified for 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 :hall 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 »ame 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 22: REINSTATEMENT 21 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 of re:~ignation 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 23: GRIEVANCE PROCEDURES Definition and Procedure: a grievance is a dispute or difference of opinion raised by an employee against the City involving the meaning, interpretation or application of the express provisions of this Agreement or the Rules on Conditions of Employment or existing work rules. A grievance shall be processed in the following manner: Step 1: Any employee who has a grievance shall submit it designated as a grievance to the employee's immediate supervisor, who is designated for this purpose by the City. The supervisor shall give the employee an oral answer within five (5) calendar days after such presentation. Step 2: If the grievance is not settled in Step 1 and the employee wishes to advance the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's next highest supervisor within five (5) calendar d<~ys after the supervisor's oral answer, or answer due in Step 1, and shall be signed by both the ag€~ieved 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 Agreement or work rules which the City is alleged to have violated and the relief requested. The supervisor or other person designated for this purpose shall discuss the grievance within five (5) calend~~r 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 five (5) calendar days following the;ir meeting. Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's department head within five (5) calendar days afte;r the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the L"nion Representative or Union Business Agent. The department head shall discuss the grievance within five (5) calendar days with the employee and the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the department head shall give the City's written an;~wer to the employee within five (5) calendar days following their meeting. Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory mediation as described below within fourteen (14;~ calendar days after the decision is provided at the third step. 22 1) The parties shall attempt to agree upon an advisory arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said seven (7) day period, the parties shall immediately jointly request the State :Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike two (2) names from the panel. The person remaining shall be the advisory arbitrator. 2) The advisory arbitrator shall be notifif;d of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. 3) The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents, The City and the Union retain the right to employ legal counsel. 4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later. 5) More than one grievance may be suY>mitted to the same advisory arbitrator if both parties mutually agree in writing. 6) The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no authority to make a recommendation on any is;~ue 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 ~~f administrative bodies that have the force and effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The recommendation shall be advisory only. SECTION 24: IMPASSE PROCEDURE The following procedures, extracted from the Municipal Code (Section 2.52.410), shall apply in the event the parties are unable to resolve and impasse satisfactorily: 24.1 Impasses A. Impasse procedures maybe invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: 23 1. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position concerning the issue. 2. A determination by the City Council after a hearing on the merits of this dispute. 3. Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse proce;dare by filing with the other party (or parties) affected a written request for an impasse meeting; together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the municipal employee relations officer forthwith after the date of filing; of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold: a) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and b) If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute shall be submitted; in the absence of agreement between the parties on this point, the matter shall be referred to the City Council. B. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one-half of the City and one-half by the employee organization or employee organizations. SECTION 25: CONTINUATION OF BENEFITS All terms and conditions of employmf;nt not otherwise contained herein shall be maintained at the standards in effect at the time of~ execution. SECTION 26: 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 contr;~vention 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 27: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Union following signing of this memorandum by the parties until it has been ratified by the Union's membership and presented and approved '~~y the City Council of the City. SECTION 28: TERM 24 This agreement sha~~ be effecteve".commencing at 12:.,~ a.m. July 1, 2004 and ending at 11:59 p.m. June 30, 2(107. OPERATING ENGINEERS LOCAL UNION No. 3 CITY OF CUPERTINO rian W. Gathers ~~~~~ Karl L. Olsen ~~ L 2, O~Sfitf Cirfdy Martinez ____- M Marc A. LaBrie David W. Knapp r~ Carol A. Atwood ~~~ ~~ andy Abe ~,~1,,,Richard S. Whitmore ~ ~ _ Bob Highbaugh Date: ~~ i ~~ Reviewed by City Attorney -. harles T. Kilian Date: G 7/G~ , G ~ Date: C~ ~~~ ~~~ y 25 Attachment A Elmwood Work Furlough Program Purpose: To provide a public service for local government through the availability of individuals in a sentencing alternative program, to perform clean-up type duties. Affected Employees: 1. All employees hired on or after January 1, 1999 may be required to participate in the Elmwood Work Furlough Program (EWFP). 2. Participation by employees hired prior to January 1, 1999 will be on a voluntary basis. Participation: 1. An Administrative Crew Leader will be responsible for daily activities related to the EWFP. 2. Assistant Crew Leader will be assigned as necessary to the EWFP. 3. Employees will be provided ten (10) calendar days notice prior to permanent assignment with the EWFP. 4. With the exception of volunteers, employee-s with the least seniority who have received EWFP training will be assigned within 30 da~~s of the completion of training to participate as staffing is required. Compensation: 1. Administrative Crew Leader - 10% above base pay. 2. Assistant Crew Leader - 5% above base pay. Responsibility: The following responsibilities/tasks are assigned to participants in the EWFP. 1. Administrative Crew Leader a. Knowledge of EWFP policies, rules, and regulations. b. Daily administrative of the EWFP. c. Assignment of inmates consistent with direction of the responsible Public Works Supervisor. d. Conduct an 8:00 a.m. roll call at the begimiing of each day. e. Notify Elmwood if an inmate does not arrive on time. 26 f. Assign tools and safety equipment to inm;~tes. g. Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor Manual". h. Conduct a 4:00 p.m. roll call at the end of each day. An Administrative Crew Leader will not perfcrm manual work that will distract from fully monitoring the EWFP crew. 2. Assistant Crew Leader a. Knowledge of EWFP policies, rules, and regulations. b. Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor Manual". c. Contact the Administrative Crew Leader concerning EWFP issues. d. Lock and secure Corporation Yard at the e;nd of the day. An Assistant Crew Leader will not perform manual work that will distract from fully monitoring the EWFP crew. Liability: An employee assigned to EWFP is covered for liability purposes by the City of Cupertino while performing duties within the scope of his/her job. 27 SECTION l0.lA: APPROX. MONTHLY SALARY RANGES ATTACHMENT B Classification Step 1 Step 2 Step 3 Step 4 Step 5 Equipment Mechanic $4,384 $4,603 $4,834 $5,075 $5,328 Maintenance Worker I $3,573 $3,752 $3,940 $4,138 $4,344 Maintenance Worker I I $3,752 $3,940 $4,138 $4,344 $4,564 Maintenance Worker III $4,138 $4,344 $4,564 $4,792 $5,033 Street Lighting Worker $4,228 $4,440 $4,662 $4,895 $5,140 28 0'-~ - (~ (~; ~;~ RESOLUTION N0.04-351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORA~[~tDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND OPERATING ENGINEERS LOCAL NO. 3, AFL- CIO WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of Operating Engineers Local Union No.~3, the recognized representative of the Public Works Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed ley both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that: the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 6`h day of July 2004 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: James, Kwok, Lowenthal, S~indoval, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Cit Clerk Y Mayor, City of Cup 'no