afscme/; morgan hill mou 2013-2015
TRANSCRIPT
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MEMORANDUM
OF
UNDERSTANDING
City
of
Morgan
Hll
CITYOFMORGAN
HILL
merican
ti
Count
and Municipal
Employees
Local District Council
July
2 3
June 3
2 5
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AFSCME
MEMORANDUMOFUNDERSTANDING
2 35
TABLE
OF CONTENTS
Preamble
ArticleI Term
Article Representation
Meet
Confer Process
Release
Time
2
Dues
Deduction Process
3
Voluntary
Union Dues
Deduct ions
3
Voluntary Agency
Fee
Deductions
3
hivoluntary
Deduction Process
3
Article III Management Rights
5
Article
IV
Definitions
5
Personnel
Rules 5
ArticleV Salaries Wages
Paid Benefits
5
Holiday
Pay
6
Work
Furlough
6
Other
P ay
6
Water Certification Pay
6
Weekend and Week
Night
Standby Pay
7
Out ofClass
P ay
7
Bilingual Pay
7
Overtime
Compensatory
Time
8
Base
Work Schedules
9
Health
Benefits
Article
VI
E IP P r og ram
Educational Incentive Pay Program
I
Tuition
Reimbursement
Article
VII Types
of
Leave
2
Sick Leave
2
Vacation Accrual
2
Extended Leave Pol icy
3
Bereavement Leave
4
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ArticleVIII Miscellaneous Benefits
4
IR S 25 Program
5
Article
IX
Miscellaneous
Policies
andProcedures
5
Uniforms
6
Light
Duty
Determination
6
Substance
Abuse
Policy
6
ClassALicense 7
Citywide Safety Commit tee
7
Lay
Off
Procedure
7
Work
Stoppage
Any
Job Action Slowdown
9
ArticleX Grievance Procedure 9
Informal and
Formal Grievances
9
Employee Relat ions Panel
2
General Conditions
22
Article
XI
Miscellaneous
22
ArticleXII
Ratification
23
Signature
Page
23
Exhibits
Exhibit A
Salary
Schedule July 2 3 June
3
2 4
24
Exhibit
B
Salary
Schedule July
2 4
June
3
2 5
26
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This
Memorandum
of Understanding
MOU
has been
executed
by
representatives of the
Morgan
Hill
City
Counci l
City and representatives of the Amer ican Federation
of
State
County
and MunicipalEmployees
Local
Union
ARTICLE
I
TERM
The term ofthis Agreement shall be twenty
four
24months commencing July 2 3
and
ending
June
3
2 5
ARTICLE
REPRESENTATION
2
Union
is a recognized employee
organization
within
the
meaning
of
City
smployer
Employee Rela tions
Resolut ion No 4955
2
2
Union represents al l regular full a n d
part
imeCity
employees
excluding
positions
represented
by
the
Police
Officers
Association POA
the
Communi ty Service Officers
Association CSOA and
those
identified in theManagementonfidentiaResolution
2
3
Regular
Partme
Employees
Regular part
time employees in Union represented
classifications who work
at least twenty 2
hours
per
week sha ll rece ive
insurance
educational incentive tui tion
reimbursement
a n d paid
leave
benefits provided
fo r
in this
agreement on a pro rated basis according to the number
of
hours worked per week
2
4
Meet
Confer Process
2
4
nion is the only
employee organization
which is
entitled to meet and confer with
City
on behalf
of represented employees a s
outlined
in
Item
2
2 above
2
42
epresentatives
of
City
and
Union
have
met
a n d
conferred
pursuant to the
provisions of
the
Meyers
Milias
Brown
Act
and Resolution No
4955 fo r the purpose
of
reaching
agreement concerning al l matters within the scope of representation fo r
City employees in Union
during
the
term
of the
MOU
2
43
n agreement has
been
reached
244nion agrees that it
will
not a ttemp t
to
meet and confer on any items within the
scope of the representation a s
defined
by the Meyers
Milias
Brown Act and City
Resolution No 4955 during
the
tern of
the MOU except
a s
provided in the MOU
245o
agreement
alteration understanding variation waiver
or modification
of any o f
t h e t e rm s
or
provisions
contained herein shall
in
any manner
b e
binding
upon
the
parties hereto
unless made and
executed
in writing by all
parties
hereto and if
required
approved
and implemented byCity and Union
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25 Release
Time
5
The
Union
Pres iden t Steward or designee shall be allowed release t ime with pay on
an asneeded basis to
participate
in meetings re la ted to employee discipline a s
set
forth in section of
the
City of
Morgan
Hill Personnel Rules
This
includes
meetings
with City
management
which
may
lead
to
discipline
of an
employee
when
the employee h a s requested
representation
b y Union and the
employee
has
a
legal
r ight
to
be represented No no ta tion
is
required on
the Union
Pres iden t Steward
or
designee
s
imecard
when
using release time
fo r
the purposes
described
in
this
section
2
52
total
of
up to forty
4
hours each
fiscal
year
of
release t ime
with
pay may be
used by
the Union President
Steward
or designee fo r the following purposes when
representation is requested by the employee and the employee
has
a legal right to be
represented
a
Preparation fo r pre disciplinary or disciplinary mee tings
b
Processing formal grievances in accordance with the formal grievance
procedure
set
forth in Section
X of
this MOU and
C
Meeting with employees regarding
informal
grievances and presenting
informal
grievance
issues to City
management
The
forty
4
hours
of release time
a r e
cumulative the Union Pres ident Steward or
designee together are
allowed a total of forty
4
hours
under
this
provision
The
Union President
Steward
or designee shall note
Release
Time on
their
t imecard
when us ing
release
t ime
for
the
purposes described in this
section
2
53
he Union
Pres iden t S teward
or
designee
shall
be
allowed release time
with
pay
on
an asneeded
basis
to
participate
in
City
initiated
meetings to discuss
issues
within
the scope of
representation
No
notation
is required on the
Union
President
Steward
or designeesimecard
when using
release
time fo r the purpose described in
this
section
2
54he
Union President Steward or designee shall first obtain permission
from
his
or
her supe rv iso r o r other appropriate
management
personnel before using release time
regardless
of the
purpose
fo r
which
release time is needed Permission to use release
time may be
delayed
in
circumstances when
C ity work would be seriously
compromised
by
the
Union
P res ident S tewa rd
or
designee
stopping
work
However
permission will be granted
within a
reasonable t ime
flame
255nion general membership meetings will continue to be
held
during lu nch o r after
work
256ity
shall
provide release time fo r three 3
Union
employees fo r attendance
a t
formal meet and confer
sessions
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26 Dues Deduction Process
6
VoluntaryUnion Dues Deduction
City
shall
deduct Union
dues
from
the pay
checks
ofmembers
ifUnion follows
the
requirements
o f
this
paragraph
Union
d u e s a r e
the d u e s
that
Union
c h a r g e s
members fo r
membership in
the
Union representation in
collective
bargaining a n d
other
employment
related matters
within the
scope
of
representation
a n d Union
poli t ical activity
City shall
only
deduct Union d u e s fiom a n
employee
say
check if the
employee
h a s
submitted
a s i g n e d authorization c a r d to City clearly
stating t h e
employee s
desire fo r City to
deduct
Union dues It is understood a n d agreed by both City a n d
Union that Union
a c c e p t s
responsibility
fo r submitting authorization
c a r d s
t o
City
and
fo r in fo rm ing C ity whenever
an
employee
withdraws
his
or
her
authorization
Such deductions shall b e
made
from
e a c h
authorizing
employeesay
check
a n d
remitted to Union each
month
2
62oluntary
Agency Fee Deductions
City
shall deduct
agency
f e e s
from the pay checks ofmembers ifUnion fo llows the
requirements
of
this
paragraph Agency
f e e s
represent the percentage ofUnion
d u e s
u s e d fo r representing
members
in their employment with City a n d other categories o f
chargeable
e x p e n s e s
recognized by federal court
decisions
Agency
f e e s d o
not
include
amounts
u s e d for
Union
political activity
or other categories
of e x p e n s e s
deemed non chargeable to Union members by federal
court
decisions
City
shall only
deduct
agency
f e e s
under
this subsection from a n employeesay
check
if
the
employee
h a s
submitted
a
signed
authorization
card t o
City
clearly
stating the
employeesesire fo r
City to
deduct
agency fees It is
understood
and
a g r e e d by
both
City a n d Union that Union
a c c e p t s
responsibility for submitting
authorization c a r d s
to City and fo r informing City whenever an
employee withdraws
his
or
her authorization S u c h deductions shall b e m a d e
from
e a c h
authorizing
employee
say check and remi tted to Union each month
2
63nvoluntaryDeduction
Process
Union and
City
agree to conduct
involuntary agency
fee
deductions
in accordance
with
state and federal law as follows
a
F e e
Amount
During the term of this Agreement every employee covered by
the MOU shall
remain a member in
good
standing of
Union
2 pay to
Union
a
monthly
agency fee
not greater than
the
amount chargeable to
non
members
fo r
representation a n d bargaining
services or
3 in the c a s e of a n employee
who certifies that heshe
is
a
member of a
recognized
religion body
or
s e c t
which h a s historically held conscientious
objection
to
joining or financially
supporting public
employee
organizations
pay
a sum equal to agency
f e e s
to
one of the following
organizations Community
Solu tio ns E l
Toro Youth
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Center Morgan Hill
Communi ty Foundat ion Morgan
Hill Community
Health
Foundat ion United
Way
or Mt Madonna YMCA
b
New Employee Compliance
Newlyhired employees
shall comply
with one of
these requirements within thirty
3
days
of
starting employment with City
C
Non
Deduction
Periods
The deduct ions in this subsection shall not apply
during any period where an employee is
in
an unpaid status or does not have
enough earn in gs to pay
the dues or
fees
d
Excluded
Emplo ye es T his involuntary
deduction
provision
shall
not
apply
to
management employees
e
Involuntary Agency Fee Deduct ion Process
The
involuntary
agency
fee
deduction process will operate a s
follows
City
shall
deduct an
agency
fee from
the salary of
each
barga in ing unit
member that
Union
advises
City
in
writing has
not
authorized
a
Union
dues
or agency fee deduction
in
writing Union represents that it has consulted
with know ledgeab le legal counsel and has developed a plan including but
no t l imited to current
audits accuracy of agency fee
calculation and
legal
sufficiency of employee challenge procedures
and
certif ies
that
this plan
satisfies a ll const itu ti ona l and statutory requirements for involuntary agency
fee deductions
f
Indemnification Defense and Hold Harmless Union agrees to
indemnify
defend and
hold
City harmless against any and all claims
s uits o rde rs
judgments costs or attorney
s
ees including but
not
limited to
pre
litigation
administrative
staff
retained
outside
counsel
costs
an d
any
other matters
for
which
City may
seek indemnification under Government Code section
35 2
5
rought or issued against City as a
result
of theaction taken or not
taken by
City under
the
provisions of this
Agency Shop agreement
264hould
City change
or
increase
the duties requirements o r sa fe ty
hazards
of
any job
classificationepresented
herein Citywill
meet and confer
with Union no later
than
thirty
3
days before effective
date
of such change
or
changes fo r
the
purpose
ofnegotiating appropriate
salary adjustment or the
s o
changed
classification
t
a
leve l app rop ria te
to compensate for the increased duties requirements or
safety
hazards
2
65City
and Union
will split the printing cost of
the
Agreement equally
Union
will
choose the printer
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ARTICLEIII
MANAGEMENTRIGHTS
3
The rights
ofCity as
exercised
by the City Counci l
and the
City
administration
include
but
are not l imited to
the
exclusive r ight to determine
the
mission of its constituen t
depar tmen ts commissions
and
boards
2 set standards
of service
3
determine
the
procedures
and
standards
of
selection
fo r
employment
4
direct
its
employees
5
take
disciplinary action 6 relieve its employees from
duty
because of
lack
of
work
or
other
legit imate
reasons 7maintain
the
efficiency of governmental operat ions
8
determine
the
methods means
and
personnel by which government operations are to be conducted 9
determine
the content
ofjob classif ications subject
to
any
requirement to meet
and
confer or
under
current
state law
require that employees
work overt ime
and
exercise
complete control and discretion over it s organ iza t ion and the technology
of performing
its
work except th at a ny agreement between City and Union evidenced by a MOU
pursuant
to
Government Code 35 et seq sha ll ta ke precedence over any of
the above enume ra ted
employee and management rights and that suchMOUwlle honored in good
faith
during
the life of
this
contract
subject
to Citysights to
determine when
a n
emergency exists
and
to take
all
necessary
action to
carry
ou t
its
mission
in
emergencies
32 Nothing
in
t his a rt ic le sha ll b e
cons trued to
limit amend decrease revoke o r o th erwis e
modify the
rights
vested in City
by any law regulating authorizing
or
empowering City to
act
or
refiain
fiom
acting
ARTICLE
IV
DEFINITIONS
4
The
term
Salaries Wages or Salary and Wages shall mean the
gross
monthly base pay
prior to any deductions
42 The term
Personne l
Rules
a s used
in
this Agreement means
those regulations
titled City
of
Morgan
Hill
Personnel
Rules
enacted
a s
Resolution
No 6 5
and
thereafter
and
hereafter
am ended In the e ve nt a conflict in interpretation
between
these Persomnel
Rules
as
included
by reference
and
similar sections a s contained in this MOU the
language
in the
MOU
will
be
used
for in terpretation
ARTICLE
V
SALARIES
WAGES
PAID BENEFITS
5 The salaries
and wages paid by
City
to employees in
Union a s shown
in
Exhibit
A
will
be
in
accordance with the jo b
classifications
they
hold
with
pay
rates to be
increased
by two
percent
2
o n the
first
pay
period
following
July
2 3
5
2 The salaries and
wages
paid by City
to employees
in the pos itions in Union a s shown in
the
table
below
and referenced
inExhibit
Bwill be
increased
by two percent 2
on the first
pay pe riod
following July
2 4
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5
3
Holiday P ay
City
will
observe the
following
holidays
NewYears
ayMartin Luther
KingDay
President
s
ay
Cesar
Chavez Day
Memorial Day Independence
Day
Labor Day
Thanksgiving
Day after Thanksgiving Christmas Eve and Christmas
Employees
will
receive
one
half
ay
holiday
to
be used
during
the
furlough
period
or
on
the
last
work day before
the
furlough Citywill
maintain
minimum
staffing levels
on
these days and
the
Depar tment Director
will
determine which half
day the
employee may take off
a
Each
employee will rece ive two
2
loating holidays each fiscal year to be used
during
that
f iscal year with the
approval
of the
employee upervisor
b
Recognized holidays of City will
be
aligned to coincide with school holidays in
the
MorganHill
Unified
School District
C
Any hours
worked
on a
holiday
sha ll be compensa ted at double time If a holiday
falls
on a Friday or a Monday any hours worked on
th e weekend
connected to the
holiday will be compensated a t the holidaypay rate
d
Holiday
s tandby shall
be compensated at the rate of three
3ours
at double time
5
4 Work Furlough
City
shall annual ly implement an end of
year
furlough that includes the time period of
December 24
through
January
lst of
each
year
The
specific furlough
dates
and staffing
requ irements s ha ll b e dete rm ined
by
City
Furlough
dates shall
be provided to Union by
November
st
of each
year
and
staffing requi rements shall
be
finalized
and
published
by
December I st ofeach year
5
5
Other
Pay
55
aterCertification
Pay
All
employees in classifications that are
required by
the State
of
California to have
Water
Distribution
Certif icates
to perf orm the ir jobs
and
who in
fact possess
the
appropr iate current certificate will be entit led
to
receive an additional tw o and a half
percent
2
ofbase pay
Employees
will
receive
the addit ional
two and
a
half
percent
2
ofbase pay in the pay period following the date City receives
the
employee
s
urrent
certificate
If
a
Maintenance
Worker
has
the required
certification
and
is
assigned
to work in a
position
that
requires
the certification
heshewill receive the two and
a half
percent2certificationpay for those hours
worked
in tha t ass ignment
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52
eekend
and
Week
Night
StandbyPay
Weekend
Standby
shall be
compensated at the rate of three3
ours
at
time and
one
halfor each twenty four24 hour per iod covered Each
week
night
of
standby shall be compensated
at
the rate
of
one and
a
quarter
5
ours
at t ime
and
one
half
or
each
week
night of
standby
The
week
night
standby
period
shall
begin at the end of
the regular work shift and end
with the
commencement
of the
regular work shift
the
followingmorning
Employees
assigned standby must be
able
to re po rt to
the
Corporat ion Yard
within
thirty3 minutes from
the
t ime they are
called
5
53
ut
of
Class Pay
Whenever an employee is temporar i ly
assigned
in writing by their supervisor
to
work in a
higher
classification an d
performs
substant ial ly all of t he du ties of the
higher c lass if ica tion for a period ofmo re than ten cumulative workingdays the
e m p l o y e e
s h a l l b e
e n t i t l e d
t o
o u t
of
c l a s s
p a y
o n th e e le v e n th
d a y
of
assignment Having once satisfied the
te n
da y qualifying requi rement any
subsequent such
assignment
shall be so compensated an additional
five
percent 5
beginningwith the first da y of reassignment
5
54
Should
the
assignment la st m ore
than sixty
6 consecutive
calendar
days
the
emp loyee sha ll be
compensated
at
a
step
within the
norma l
range
which
is
at least an
additional five percent 5
higher than tha t received in accordance with
5
53
555ilingual
Pay
Union
employees identified
by
a Department
Director
to
use
Spanish or American
Sign
Language
in their work and who are certified by the process described below
shall
receive
the
following
compensat ion
a
Employees
hired
prior to June
3
2 3 shall
receive
five
percent
5
of
base salary On July
2 3
that amount will be calculated and converted to
a fixed
amount
or one
hundred
and fifty
dollars5er month
whichever is greater
b
Should there be subsequent adjustments to base
salaries
the amount
determined on July 2 3
shall
remain the fixed inperpetuity
G
Employees hired on or
after
July
2 3 shall
receive a monthly
stipend
of
one
hundred and fiftydollars5
d
The Certif ication process shall be
completed
by
a
provider
contracted
by
Human Resources
or three
3erson
panel establ ished
by
Human
Resources to determine
conversational
competence Employees sha ll be
subjec t to recertif ication
every
two2ears unless
the certification
is waived
by
City
e
An
eligible
employee
may
request
to be
tested
forbilingual certification
at
any time
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OvertimeCompensatory
Time
6
Overtime
Compensatory t ime is def ined
a s one
and
ahalf
imes
an
employee
total hourly salary
Overt ime
Comp t ime is
paid
for any amount
of
t ime exceeding
fifteen 5
minutes more than the
employee
sormal
work
shift provided
the
employee
is
working
an
eight
8
our
or
more
work shift
or
any
work
t ime
in
excess
of the forty4 hour work week unless
additional
hours are
worked
as a result of a
shift
chan ge Ove rtim e
Compensatory
t ime for a regular part time employee who
works
overhsernormal work schedule will accrue compensatory
time at
the
employee
s
ormal rate of hourly
salary fo r hours
under forty
4
pe r week and
one
andahalfimes fo r hours over
forty
4 per
week
All
such
t ime must be
approved in advance with the employees
upervisor
or
Department
Director
Overtime is paid on completed
fifteen
5
minute increments above
the
half
hour minimum
Time spent
on
paid sick leave disability
leave
vacation
leave
military
leave
compensatory t ime off or other author ized paid leave shall be
deemed
t ime
worked
fo r the purposes
of
this Article
562mployees called back to work outside
their
regular work shift shall be compensated
fo r
a minimum of two 2ours
a t
time and one halff their regular pay rate
For purposes of this provision the job
sha ll commence
once an employee
arrives on
site and shall be considered completed when either
management
or police dispatch is
notified
City
reserves the
right to
assign
additional
work
within
the
two
2
our
period and subsequent
call
outs within
the original tw o 2
our call out
do
not
receive a n additional
two
2
our call
ou t minimum Consecutive
work
time
which
is past
a
two
2our call ou t shall be a t t ime and
one
half
ay Additio na l call
outs during
the
course of
the
day once a
tw o2
our call out is completed and
outside
of a
completed
tw o 2our call
out
period
shall
re
start the
two 2our
call out time
5
63
nion personnel will have the opt ion ofreceiving either
paid
overtime
or
compensatory time off The compensatory time accrual l imit shall be o n e hundred
sixty
6 hours maximumUnion personnel may elect to make contr ibutions to one
of
Cityseferred compensation plans in a given pa y period in
lieu
of
receiving
paid
overtime
or
accruing compensatory time In addit ion
Union
personnel
have the
option
of
converting accrued compensatory t ime andoacation t ime to
one of
Citys
eferred
compensation
plans These contributions
can
be
one time lump
sum
contributions or
Union
personnel can
temporari ly
increase the
amount
of
their
established deferral For example ifa n employee works overt ime in a given
pa y
period he
she
may temporarily increase th e
amount
of their deferred compensation
contr ibu t ion for that
pay
period Union
personnel
must
submit a
completed defer red
compensation
enrollmenthangeorm to Payrol l and
the
Human Resources Office
prior
to the
end
of the payperiod for
which they
wish to
have
the
change be
effective
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564uring
emergency
situations EOC
activation
such a s floods earthquakes severe
storms etcCity
reserves
the right to require that a ll
overtime
be compensa ted in
pay not compensatory time
5
65mployees working mo re tha n
twelve
2 hours in a day sha ll r eceiv e doub le time
for
h o u r s
worked beginning
with
t h e
thirteenth
3
hour
of
work
5
66mployees who
are contacted
and
consulted by
telephone
about a
work related
prob lem outside their regular work shift and who provide advice or direction shall
be compensated at an overt ime rate fo r the actual
t ime
s pent on the telephone
rounded up to the nearest thirty
3
minutes
The
time will be recorded on
timesheets as
overtime
57 BaseWork
Schedules
57
The
work
day
for
pay
purposes
shall
be
a
twenty four
24
hour pe riod commencing
with the beginningof the employee egularly scheduled shift
5
72he normal
work
schedule
shall
be
forty4 hours
consisting of
five
5onsecutive
days of eight8ours
each
exclusive of a
lunch
periodMonday
through
Friday or
any schedule
identified
in
Administrat ive P ol icy VI
Section 4
Should the
normal
work schedule need to be modif ied in terms ofdays
or shift
hours
by the Department Director to
facilitate
the
n e e d s
of City such modification in
norma l work schedules will be discussed with
Union
representatives as to methods
for
changing
or rotating
assignments prior
to any change The
affected
employee
should
be
notif ied at
least
five 5
ull
working days prior to
any
change
Such
modification
cannot
exceed a forty
4
hour work week
unless
additional hours are
worked as a result of
a
shift change
Recrea tion emp loyees may choose to
request
schedule changes
a s
needed rather
than
work
overtime
5
73
or the purposes of calculating
overt ime
compensatory t ime and
defining
payroll
periods
the aforementioned schedules will
apply
5
74
eporting fo r Duty Employees who
are
unable to
report
fo r work
at
the beginning
of
their
established shift
shall
notify their immediate
supervisor
at
least
thirty
3
minutes
prior
to
the
commencement
of
that
shift
Emplo ye es s ha ll
follow
departmental
procedures for providing notice of their absence
Failure to
report
to
work
for three3onsecutive
days
or shifts if applicable for
which
the employee is
scheduled
to work without g iv ing proper notice to
City
will
be considered
a voluntary resignat ion
of emp loyment even
if
a
coworker or
superv isor covers
the
shift or otherwise
arranges
for coverage
of the shift Such
employee shall however be reinstated provided the
employee
satisfactorily
shows
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thathserailure
to
report
was the result
of
reasonable extenuating circumstances
beyond the
employee
ontrol
75
Except
in the case
of emergencies
employees sha ll
receive a lunch b reak a fte r four
4ours of
overtime
worked
576ny employee working
eight
8r more
horns at
the
overtime
rate
during
the
sixteen 6 hou r per iod immediately
preceding
the beginning
of
hserregular
work
shift shall be en tit led to
a rest
period
of
eight8onsecu tive hou rs
on the
completion
of such
overtime
work
with
the followingprovisions
a
No employee sha ll
be
required
to
work
in excess of
sixteen
6 hours
without rest
unless
an emergency is invest igated an d cont inued work is
deemed
necessary to prevent extreme property damage or to preserve human
life
b
If
the eight
8
our
rest
period
overlaps
hs
er
egular
work shift in
whole
or
in part heshe will be paid
at
the
straight time rate
for
the
time that falls
withinhseregular work shift
C
If the eight8our rest
period
overlaps a portion of the
first
halfofhs
er
work
shift
the
employee may
be
excused
f rom work until the beginning of
the second half of said shift If the eight8our rest period
overlaps
a
portion of
the second
halfof
hs
er
work
shift heshemay be excused from
work until the following work shift
He
she will be paid however for that
port ion
of
the
rest period that over lapshsernormal working shift He she
will not be
paid for
the
time
between
expiration
of the res t period
and
hs
er
report ing fo r work
d
Hours
worked
prior to an eight8our rest period
shall not
be inc luded in
determining anothe r res t
period
e
If the employee is ca lled b ack to work during
hs
ereight
8
our
rest
period
a new rest
period
will commence
at
the
conclusion
of
such
work
5
8 HealthBenefits
5
8
The
City
will contribute to the medical and dental health plans a s follows
a
Ninety
percent 9
of
the
lowest
cost
medical health
plan
plus
dental
fo r
employees
with family coverage
b
Ninetysix and onehalf percent 965
f the lowest cost medical health
plan
plus dental for employees with
employee
plus one coverage
G
For
those employees
who
waive
medica l
and
o
ental coverageorwho
have
employee only
coverage
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i
The
health
al lowance contribution will be
five
hundred
seventy
five
dollars
575
er month Employees n ot us in g the entire benefi t
amount sha ll be
entitled
to
use
fifty 5
percent of
the
surplus amount
for optional
benefits
or for participating
in
medical
re imbursement
or
dependent care expense
accounts If
employees do
not
use their fifty
percent
5 surplus
for
optional
benefits
it
will
be
added to
their
salary
as taxable
income
ii At
the
t ime when
the
lowest cost medical plan plus
dental
coverage
exceeds
the
five
hundred seventy
five
dollars
575
er
month
health
care allowance
City
shall
provide one
hundred pe rcen t
of the
lowest
cost
medical
health plan
plus
dental
iii Employees who
waive medical
coverage shall be entitled to two hundred
fiftydollars25er month Employees who waive
dental
coverage
shall be entitled
to forty
dollars4
er
month
582ity agrees to provide
at
City expense up to percent
of the
premium
cost pe r emp loyee for the Employee
Assistance Program
as presently constituted
83
ll
members sha ll
have the
option
of
cont inuing their current medical
insurance a t
the
employeeswn cost after retirement This option
can
continue a s
long
a s there is
no
lapse in coverage and so
long a s
the
employee
pays
the
monthly premium
to
PERS or
to
the Finance
Department a s per their billing requirements
584
he
PERS Medical insurance
program shall
remain in
effect
for the
term
of this
agreement orunless the
parties
agree
to
terminate
the
agreement with
PERS
ARTICLEV
EDUCATIONAL
INCENTIVE
PROGRAM
6
Educational Incentive Pay Program
for
employees hired
before
July
2 8
SeeExhibit
G
62
Tuition
Rembursement
City shall provide
a
tuition reimbursement program
of
up
to fifteen
hundred dollars
er f isca l
year
fo r
the
cost
of
books
and
tuition
fo r
classes
beneficial
to the
employeesareer de ve lo pment Manda to ry fees required to
attend
classes and
parking fees also
may
be reimbursed through tuition reimbursement
All
classes
must
be
approved
in advance by the
Department
Director
Reimbursement
will take
p lace upon
a successful complet ion
or
passing of
the
course
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ARTICLEVI
TYPES
OFLEAVE
7
SickLeave
7
Sick Leave credit shall be
accumulated
on the basis
of
eight8ours per month
The
employee
ccumulated sick
leave
is
unlimited
7
2
he
Citywill pay
twenty
five
percent
25
ofunused
sick
leave at the
end
ofeach
calendar
year This payment will be based on sem i
annual
calculations
made on
June and December
of each
year Employees who have
a
balance
of at
least
one
hundred
sixty 6 hours of
sick
leave may
receive
fifty
percent
5
of the
unused sick leave
earned
that
year
The balance of sick leave
will
be
added
to
the
employeesccumulated
sick
leave
The twenty
five
percent 25
payout will not be calculated or paid to any
employee
absent from wo rk on a work
related
injury
which
is being
covered
by worker
s
compensation
73pon ret i rement
one hundred
percent
of the
employees
unused sick leave
balance
will
be credited to the employees retirement eligibility This amount would
then be
converted
into
t ime
in service and added to the employeesetirement
eligibility
Reference City contract with PERS Section 2 862
8
7
4nion
employees shall
be allowed to utilize two2ersonal
Leave
Days totaling
sixteen
6hours per f iscal yea r cha rgeab le to sick leave
75
mployees
may use up to twenty four 24
hours
of
compensatory
t ime when ill
or
to
attend
a
medicaldental appointment All other
time
missed in a
fiscal year
due to
illness
or
medca
enta
appo in tments requires the
use of
sick
leave
If
the
employee does not
have sick
leave and is
not on
an
approved
extended leave the
employee must take that time
offwithout
pay Vacation or compensatory t ime
will
not substitute fo r sick
leave
when
the
employee calls in sick or must
attend
a
medca
enaappointment
the
same
day they
were
scheduled to
work
with the
exception
of
twenty
four 24
hours
of compensatory t ime
pe r fiscal year
a s noted
above Per Section7
4
mployees may use sixteen 6hours
of
personal
time
which
is
charged to sick le ave fo r unforeseen appo in tments
and
unexpected
absences
72 Vacation
Accrual
72acation
Accrual shall
be as
follows
a
Eighty 8
hours
per year from the date ofhire through the second
2nd
year
of employment
b
Eighty e i g h t 88 h o u r s v a c a t i o n
during
t h e third3
d
y e a r of
employment
C
O n e
h u n d r e d a n d
four 4
h o u r s
v a c a t i o n
during
t h e
fourth4e a r of
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employment
d
O n e h u n d r e d
a n d
twelve 2 h o u r s v a c a t i o n
during
t h e fifth5e a r of
employment
e
O n e h u n d r e d
a n d
twenty 2
h o u r s
vacation
during
t h e
sixth
6e a r
of
employment
f
O n e hundred
a n d
twenty eight
28
h o u r s
vacation during
t h e
s e v e n t h7
year of
employment
g
O n e h u n d r e d
a n d
thirty six 36
h o u r s
v a c a t i o n
during t h e
e i g h t h8
e a r
ofemployment
h
O n e h u n d r e d
a n d
forty four 44 h o u r s
vacation
during
t h e
ninth9e a r
of
employment
i
O n e
hundred
a n d fifty
two 52
h o u r s vacation
during
t h e
tenth
e a r
of employment
j
O n e h u n d r e d a n d sixty
6
h o u r s
v a c a t io n a f te r
t h e tenth y e a r of
service
Maximum accumulat ion of vacat ion sha ll b e no more
than
that earned for
two
2
years Th is vacatio n accumu la tio n max imum shall be
en fo rceab le on
June 3 th of
each
year Employees may exceed the
maximum
prior to June
3 th
Any employee
who has more
than
tw o2ears annua l
accrual
on the books on July s t shall no t
accrue add it iona l vacat ion until vacation
usage
drops below
the
tw o 2
ears
allowable
accrual
7
22City
guarantees
during the term of
the MOU that no employee
will
lose vacat ion
accrued ifthe employee follows departmental guidelines fo r requesting
t ime
off
7
23
mployees who
have
vacation
or
compensatory
time
off
at
le as t equal to two 2
weeks shall
have the
option
twice pe r f iscal year of
receiving
pay
in
lieu of
time
off
fo r
a
total
ofeighty 8 hours of the
accrued
time pe r fiscal year
7
3
Extended
Leave
Policy
In the event an
employee
is a bs en t f rom work for i l lness
or
injury
unless notified
otherwise prior to the end of the af fected pay period the t ime offwill be
coded and
deducted from
accumulated
sick leave 2ccumulated
comp
time and 3
accumulated vacation time
in
that order If a determination is subsequently made
by
City
that
the injury
was
job
related
all
sick
leave
comp time
and vacation t ime used
to cover
the leave
will
be credited back
to the
employee
in an
amount
up
to the
worker
s
ompensation determination The
amount
of compensation
from City
may
need to be
offset
by
payments rece ived
from worker
ompensation
At no time
shall
the
employee rece ive compensation and
worker
sompensation payment in
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excess of their normal pay Employees with insufficient
time off
c redited to
them
will
be coded on
payroll a s absent without
pay Extended leave is defined
a s
tw o
2
weeks o r more
of
consecutive
t ime
off
due
to illness
or injury
74 Bereavement
Leave
Union members shall per occurrence be allowed t ime offwith pay in the event of a
death
in the family
Up
to
three
3ays of such
leave sha ll be
allowed
where
the
death and service are within the State ofCalifornia and
up
to five5ays
where
the
death or service is
outside
the State Usage of
this
leave shall
not
be charged against
the
employee ick le ave o r
vacat ion
Bereavement leave
longer
than
the applicable
allotment
or
fo r an
individual
outside
of an employeesamily may be
charged to
the employee acation o r sick
leave
a s applicable This leave will not affect
the
twenty
five percent 25
or fifty percent
5
cashout
ofsick leave for
the
same
calendar
year An employee who wishes
to
take
excess
be reavement leave must
ob ta in app roval
from a
supervisor or
the appropriate
depar tment designee
ARTICLEVIIMISCELLANEOUSBENEFITS
8
a For employees
hired
on or before January 2 3 and ClassicEmployees a s defined
in
Government
Code sect ion
75222
f the
Cal ifo rn ia P ub lic Employees
Pension
Reform
Act of2 2 PEPRA
hired
on or
after
January 2 3
City
agrees to
continue i ts contract
with the
Public Employees Ret irement
System PERS
for a ll
applicable reti rement benefi ts in effect on July 2 7 a s follows
The
PERS
miscellaneous
contract will provide the single highest year and the2
55 basic reti rement
formula
and
b For employees that are considered New
Members
a s
defined
in
Government
Code
section
7522
4
f
PEPRA h ired on or
after
January
2 3 the followingret irement
benefit
formulas will apply
The
PERS miscel laneous contract
will provide fo r
the
three
3
ighest
years
compensation average and the
2
62 reti rement
formula
c Beginning
with
PERS
rates
effective
July
2 4 City
and
Union
agree
to
split
future
rate increases
at
a5 atio For example inFY
3
4
Citysiscellaneous
contribution
rate
is
68
On July 2 4Citysate will i nc rease to7nd
thus Unionmembers
will contribute fifty
percent 5
of
the
increase7
68
925
46
his methodology
will be used in
subsequent
years
should Ca PERS increase
the
miscellaneous
contribution
rate
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d Effective
July
2 3 Union
members
will
pay the full employee contribution rate of
eight percent
8
Pr ior to July
2 3 City
paid
seven percent 7
of
the
employee
contributionwhile Union paid
one percent
for
the25t
55 retirement benefit
City
will
subsequently
increase
a ll sa la ry ranges inaddition to
wage
increases addressed
in ArticleVby seven percent 7
on July
2 3
8
2
City
shall cont inue to contribute two
percent
2
of
an employee
ase salary to a 457
defer red compensation p lan
per
pay
period
8
3
For the term of
this agreement
City will
maintain a
life insurance program fo r each
employee represented
by
Union
in the
amount of
one hundred thousand
dollars
ffective August
2 8
This
amount
will
be
paid
to the
employee
s
beneficiary
upon the death
of
the
employee
a s outlined
in
the program documents City
will
continue
to pay
percent
of the
cost
involved with
this program Any employee
currently purchas ing addi tiona l
life
insurance
through the flexible
benefits
plan m ay
continue to do so
8
4 For the term of this
agreement
City
will maintain a
long
term disability program on all
employees represented
by
Union T he amount of
monthly
coverage
fo r
the long
tern
disabilitywill be sixty
six and
two th irds
percent
662
of the employee
onthly
earnings or
a maximum
benef i t paid of four
thousand
dollars
er month
reduced
by any deduct ive
benefits
The maximum bene fit pe riod
is
to age
sixty five
65 or
twelve 2
months whichever is longer The elimination period is
the
sixty
6 days
of
total
disability
Employees
may be
eligible
for some
benefits
for
partial
disability a s
ou tlined in the P la n
documents
Citywill continue to pay one
hundred
percent
of
the
costs
involved
with this program
85
For
the te rms
of
this agreement
City
will
maintain
a
short
terra
disability
program
on
all
employees represented by Union
The amount
of weekly
coverage
fo r the sho rt term
disability will be sixty six and
two thirds
percent 66
2
of the
employee
eekly
earnings
or
a maximum
of
nine
hundred eighty
three983
er
week
with a
duration
of
eight
8weeks
and
the elimination
period
of
eight
8
ays The employee must be
totally disabled to qualify fo r benefits
P er
Plan requirements maternity
benefits
are
included in theshorterm
isability
coverage City
will
continue to pay percent
of
the
costs involved with
this
program
86
IRS 2 5 Program
86
ity
shall
maintain
ineffect the IR S25 Program
ARTICLE
IX MISCELLANEOUSPOLICIESANDPROCEDURES
9
City
agrees to
provide Hepatitis 3
shots
fo r those employees
represented
by
Union
who
regularly or occas iona lly
perforn
field duties
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9
2 Unforms
92
City will
provide
uniforms for those employees in the Parks Streets and Utility
Divisions required
to
wear
uniforms
a s
a
condit ion
of
employment
All
divisions
will be
provided
soft caps with the City
logo
attached With the
exception
of
City
provided
soft
cap
or
safety
helmet
no
other
caps
head
gear
or
hats
are
to
be
worn
Citywill also
provide regular
uniform cleaning
Employees
assigned
uniforms are to
report to work inuniforms
that
a re nea t and clean
9
22Citywill reimburse
employees
who
regularly or occas iona lly
perform field
duties
up
to
two hundred dollars2 er
year
towards
the
purchase
of
Safe ty Shoes
Proo f
of
purchase
is required once purchased shoes
must be
worn du rin g
all
workinghours
93
LightDutyDetermination
9
3
In
the event
an
employee
is
in jured
and
off
the
job
for
ten
working
days o r
more
and
may
be able to
return
to work but
no t
able to perform all
her
s
ormal
jo b duty
assignments
a temporary light
duty assignment
may be made by City To be
eligible for such a modified ass ignment
City
may requir e
the
employee
to provide
the
Human
Resources
Office with
a
medical
statement from
hser treating
phys ic ian tha t clearly states the medical limitations
and
abilities of the employee
City
may
require a second or third
doctor
s
etermination
at City expense All light
duty
work requests shall be coordinated
through
the Human Resources Office Light
duty
may
be g ranted provide that
a
A
temporary modified
work
assignment
is available and may be
accommodated
without
adverse consequences
to
City
or d is rup t ion
in
services or operations
b City
may change
regular days offand work hours while the employee is
assigned to the temporary modified work assignment
c No
temporary
modified work assignment shall extend fo r more than ninety
9 days
with
the approval of the
City
Manager and
d No
temporary modif ied
work
assignment
creates
any
employee
entitlement to
an
assignment in
a light
duty
position
932n employee
receiving
such a
light
duty
determination
could
be
r eass igned to
another
ass ignment o r other
reduced work schedule
up to
a forty 4 hour work
week upon the determination
of the
Department Director Once the emp loyee
is
certif ied
by
hsert rea t ing phys ic ian or
City
doctor
as
no longer
in need
of light
duty heshewill be reass igned to
their
norma l work ass ignment
9
4
Substance AbusePolicy
9
4
Citysubstance Abuse Policy
shall
continue in effect for
the
term of this agreement
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95
Class
A
icense
All
Utility Worker
and
Maintenance Worker
employees
are
required
to maintain a
ClassA
icense
P ursua nt to the Department of Transportation regulations
such
employees are
subje ct to the
Department of Transportat ion Drug Policy A copy of
the
Policy
a s agreed
to
by
City
and
Union
is
attached Exhibit
H
9
6
Citywide
Safety Committee
City shall maintain a Citywide Safety Commit tee with Union appointing up to two
2
members
The Committee
sha ll meet
at least quarterly and shall re view a ll
acc iden t reports
and
make
recommendations thereon rev iew departmenta l sa fe ty
programs and
make
recommendations
thereon and
assist in
planning and presenting
safety programs
Respons ib ili ty fo r
and authority over
safety
continues
to
be
vested
inCity Management
9
7
Lay
Off
Procedure
9
7he City Council may
abolish any
position
in the Classified Service due to lack
of
fundswork
o r n ee d
972
f City implements a reduction in
work force City
will administer
the la yoff
policy
consistent with the following concepts
ORDER The
order of la yoff
shall be
a s follows
a Temporary asneeded emp loyees
b
P robationary employees and
c
Permanent employees
in
inverse order
of
seniori ty
within
the
classification series being reduced
2 SENIORITY Seniori ty
shall
be determined by
the
length of
current
continuous pennanent service
with
City regardless
of
classification in which
employed Continuous
service
shall
be
defined
a s that
which
has
not
been
interrupted
by
separation of service
from
City Seniori ty shall be retained
but shall
not accrue during any period ofauthorized
leave without
pay more
than thirty 3 days
except
for
military
leave The treatment of personnel
employed by
means of State
or
Federal grant
monies shall
be in accordance
with
regulations
fo r
retention
a s
established
by
the
grantor
In
the
absence of
such
regulations
the
type
of position Classified
or
Exempt
shall govern
treatment of such personne l Part time employees shall
only
receive
their total
hours of
credit and are only
subject to
combine
the i r to ta l
hours
fo r
bumping
another
partime
mployee
At no time
shall
a
part
time
employee
be eligible
to
bump a full
t ime
employee
regardless
of seniority Should a full
t ime
employee who i s subject to la y off
be
eligible
or
certified to work
in
a part
time
position
the full t ime employee
may
bump
into
that posit ion
beginning
with the least
sen io r part t ime employee
first
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3 NOTICE Probat ionary and regular employees
in the
Class if ied Serv ice
who are scheduled to be laidoff shall rece ive
at
least a twentyone2 da y
notice When City
determines
that itmust
implement a
reduction in work
force notice
to
t he emp loyee sha ll
be inwriting
and the
bargaining unit shall
receive the following information in
addition
to the opportunity to discuss
with
a
representative ofmanagement
a
Reason
for layof
b Effective date of lay
off
c
Conditions
governing
reemployment and
d Information
regarding
unemployment insurance
973n l ieu of layoff an employee may
elect
transfer
or
demotion
to
a vacant
posit ion
in
the Classif ied Service which
City
intends
to fill
and
for
which
the
employee
is
qualified Such actions shall be
governed
by
the
terms of Section of the
Personnel
Rules
and
in
no event
shall
result
in
an
employee being
placed
in
a
classi ficat ion carry ing
a h igher max imum rate of
pay
If two2
r more
employees
have
requested
transfer
or demotion
to
the same vacant
posit ion
and
City
has
determined they
are both qualified
to fill
it the
mo re sen io r
employee
shall
receive
preference
For
purposes
of
this section
total
time
in the Classified Service
shall
be
utilized in
determining
seniority
974Within ten days fromthe date layoffnotices are issued an
employee
who would
otherwise be laidoff
may
e lect to
displace
an
employee
in a classification
carrying
a
lower or
the same maximum rate
of
pay provided that the displacing
employee must
have held regula r
status
in such
classification
and ha ve g re ate r time in
the
classification
and
directly
related
higher classif ications
combined than the employee
be ing d isp laced
For example
related
classifications would
mean
Utility Worker I
UtilityWorker
II Senior Utility
Worker
etc
9
75 probationary
or regu la r employee displaced
in accordance with
this
paragraph
shall in turn be provided the
same
notice and bumping privilege a s se t fo rth in
tha t paragraph
9
76
egular
and probat ionary
personnel laid
off in accordance
with this sectionshall
unless
they
request
otherwise be placed on
a
reemployment list for three3ears
If an employee is re
employed
from
such
a list all service credits and
sick
leave
accrued
to the
date
of layoff shall be restored
In
no event however shall City be
required
to restore credits for vacation and s ick leave pa id
out at
the time
of layoff
977t the
t ime of
layoff
the
employee
same shall be removed from a ll
promotional
eligible
lists
but
at the
employee equest shall be re ta in ed on
open competi t ive
lists s ub je ct to the provisions of Section of the Citysersonnel Rules If the
employee
is
reemployed
prior to the expirat ion of a
promotional list th ey sha ll be
reinstated to
the
list
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978rior to the effective date of layoff the
Depar tment
Director shall furnish the City
Manager
a f inal evaluation of
the
employeeserformance
979
Management employees
are not eligible to bump down into a Union represented
position regardless oftheir previous seniority or status
9
8
Work Stoppage Any Job Action Slowdown
9
8
During
the
lifeof this MOU
no
work stoppage strikes or
picketing
shall be caused
or
sanctioned
by
Union and no lockouts
shall
be made
by
City
9
82
n
the
event that
any emplo yee cove red by this
Agreement
individually or
collectively violates the
provisions of
this art ic le and Union
fails t o
exercise
good
faith in halting
t h e
work
interruption Union
a n d
t h e
e m p l o y e e s involved shall b e
deemed
in
violation
of
this
article
and
City
shall be entitled
to
seek
all
remedies
available to it under appl icable law
9
83
Should City change
or
increase
the
duties requirements
or
safety hazards of any job
classification
epresented herein City will meet and confer with Union no later
than
thirty3
days before effective date
of
such change or
changes for the
purpose
of negotiating appropriate salary adjustment or
the
s o changed classification
t
a level
appropriate to compensate fo r the
increased
duties requirements or
safety
hazards
ARTICLE
X
GRIEVANCE
PROCEDURE
The following grievance procedure will be
ineffect
2A
grievance
is defined a s any
dispute
involving the interpretation application or
alleged
violationof
2current Memorandum ofUnders tand ing be tween
City
and Union
22itysersonnel Rules where the provision
in
dispute
is within the scope of
representat ion
3
Disciplinary appeals
a r e subject to the provisions
of
Citysersonnel Rules
4nformal and
FormalGrievances
4
tep An
employee who has
a grievance shall bring
it
to
the attention
ofhs
er
immediate supervisor within five5orking days
of
the occurrence
of
the act which
is the basis fo r the dispute If the employee and the immediate
supervisor
are
unable
to
resolve
the
grievance within five
5
orking days of the
date
it is
raised
with
the
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immediate supervisor
the
employee shal l
have the right to
submit
a formal
grievance
which
shall
contain
the following
information
a
The name of the grievant
b
The
grievant
s
epar tment
and
specific
work site
C
The name of the grievantsmmediate supervisor
d
A
statement
of
the natu re
of
the
grievance including
the date
and
place
of
occurrence
e
The
specificprovision
policy
o r p rocedu re a lleged
to
have been violated
f
The
remedies sought
by
the
grievant
and
g
The name of the individual or organization if
any
designated by the
grievant
to re pre sent
hmer
in the processing of the grievance However in no
event shall
an
employee organ iza t ion other
than the
one which formally
represents the position
occupied
by
the grievant be designated a s the
grievants
epresentative
42tep 2
An
employee dissatisfied with
the
decision of
the
immed iate superv isor in
Step
may submi t
the
grievance
to
hs
er
Depar tment
Director within
seven
7
working days from the
date of
the immediate supervisor
secision
The Depar tment
Director sha ll r espond to the g rievance in
writing within seven
7
working days
from the date of its receipt
43
tep
3
If
the employee
is
dissatisfied
with
the
decision
of
the
Depar tment
Director
in
Step
2
he
she
may subm it
the
grievance
to the
CityManager within
ten
working
days from receipt
of
the Department Directorsesponse The City Manager or
hs
er
designated
representat ive
sha ll respond to the
grievance
in
writing
within the
ten working
days
of its receipt Within this period the CityManager orhser
designee at
hs
er
discretion
may
conduct an
in formal hearing
involving
the
parties
to the dispute
44tep 4 If the employee is dissatisfied
with
the
decision
of the
City
Manager heshe
may su bm it the grievance
to
an Employee Rela tions
Panel
a s provided in Par t
C
listed below
Notice
of such
appeal must
be filed in writing by the
employee
with
the
City
Manager
within
fifteen
5
working
days
of
receipt
of
the
City
Manager
or
hserdesigneesecision
5
Employee Relations Pane l
5
he Em plo ye e Relations Panel shall consist of three3embe rs s ele cted as
follows
a
A
CityManagement official
selected
by the City
Manager
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b
A City employee selected by the grievant provided however
that the
participation
of
the
employee so selected
s ha ll n ot
constitute
a
conflict
of
interest nor subject that employee to any
recriminations
a s
a
result ofhs
er
participation
C
A
representat ive
of
the
Cali fornia
State
Mediat ion
and
Conciliation Service
or an
individual
chosen by the
parties
knowledgeable
in public
sector
labor
relat ions
from
any source reasonab ly likely to produce such an individual
including but no t limited to a labor organization or m anagem ent
o rgan iz a tion Th is
person shall
serve a s
chairperson
i T he
Chairperson
shall
serve without
compensat ion unless
it can be
demonst ra ted tha t
the individual was
obliged
to use a ccrue d leave
benefits or leave without pay to serve on the Panel
Where
provided
compensation pay shall be shared byCity an d the grievant or
Union
ii
The
Pane l
shall
be
constituted
a nd he ar
the
grievance
within
thirty
3
working days
f rom
the
filing of
the appea l
with
the City
Manager The
Panel
secision shall be rendered within
fifteen
5 working days from
the conclusion of the
hearing
The
majority
decision of the pane l shall be
final and
binding
subject only to ratification by the City
Council
if said
decision mandates
a
capital
expenditure
or significant unbudgeted
expenditures
In
those
instances the ruling
shall
be
submitted
to the City
Council
for act ion
which may includemodificationorreversal
52he
conduct of the Panelsea ring sha ll
be
governed by the
following ground
rules
a
All hearings shall be convened
during
regular established
City
hours
to
the
extent feasible
The grievant
and City employees serving on
the P a ne l
or
whose participation
in
the
hearing
is required by
the
Panel
shall
not suffe r
loss of wages
fo r time devo ted to this purpose
No
compensation
shall
be
provided
during
times
that
is
not the
employeesegularly
scheduled work
period
b
All hearings sha ll be
conducted
in an expeditious manner
with
the
Chairperson
retaining final authority to rule on
procedural
matters or on other
points affecting the
length
and conduct of the hearing Legal counsel court
reporters and
briefs
shall only be utilized
upon agreement
between
City
and
the grievant
and
shall not serve to delay the Panelsecision beyond the
prescribed
time
limit except
by
mutual
agreement
C
The
Pane l shall be
commit ted
to resolving the grievance in
an
objective
timely and
equ itab le fash ion and s ha ll n ot
permi t either
party
to e nga ge in
any presentation
or
line of an
argument
which
detracts from this purpose
Moreover the
Panel sha ll no t
accept evidence no t p resented in
Step
3 of
this
procedure
d
No
hearing
shall
be convened
unless both
parties have
stipulated
in writing to
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the
issue or issues
to
be heard by
the
pane l
6General Condtions
Any
time
limit
se t forth in th is p ro cedu re may
be extended
by written
agreement
between
City
and
the
grievant
or
the recognized employee
organization
represent ing the
grievant
a
Failure on
the
part of the grievant or their designated representat ive
to
comply with the time
limits
of this procedure
o r a ny e xte ns io n
thereto
shall
constitute
a
withdrawal
of the
grievance
without
further recourse for
re
submi t ta l under this
p ro cedu re Fa ilu re on
the p art
ofCity to
comply
with
prescribed
time
limits or extens ion thereto
shall
result in the
gr ievance be ing
moved to the next step
of
the
procedure
b
The
grievant
shall be entitled to have
a
representat ive
of his own choosing
except
a s
provided
in Step BG
resent at
any
grievance
meeting
with
City
C
A
representative of
a
recognized
employee organizat ion
which represents
the
grievantsosition shall be entit led
to
be
p re se nt a t
any hearing held in
conjunction
with Step 3
and
Step
4
of
this
procedure
d
The City Manager or hser
designated
representative shall
serve
a s
the
central
repository
for all grievance records
ARTICLEXI MISCELLANEOUS
City
and
Union
consent to
form
a
committee
whose
task
shall be to
create
a
program
that
provides fo r certain
positions
within Cityslass if icat ions to be
designated
a s
flexibly
staffed
Flexibly staffed positions will afford
City the
opportunity to
increase the
capacity
of
the work force to deliver quality
services
to citizens and provides City employees with
advancement opportuni t ies
within
their
job
classification Once the program is established
Human Resources shall be responsible for it s oversight
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ARTICLE
XII RATIFICATION
2This Memorandum ofUnderstanding shall become effective July 2 3
22
No earlier than
March 4
2 5
and
no later than
March
2 5
Union
shall
provide
the
City
with
its
written
r e q u e s ts o n
terms
within
the s c o p e
o f
representation
for
the
period
beg inn ing Ju ly 2 The City and the Union sha ll beg in
to meet
and confer on o r be fo re
April
2 4
FORTHECITY MORGAN
HILL
FORAFSCME
LOCAL
Stephen Ryme
Date
JoWmy
Gonz s
V
Ll
Date
City
j
r
a g e r
President
gi
x
3
e7 3
rmny Porbis
Date
sbadoquve
ate
Utilities
Business Manager CityNegotiator
Vice President
MichelleKatsuyoshi
Date
Jo
enry
Date
Human Resources Manager
reary
reasurer
om
t n
s
Date
Jo
Tucker Date
Sr
Resources
Analyst
A
CMEBusiness Agent
9
Z G
3
Karl
Bjarkej
Date
Director of
Public
Works
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O
7
q
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m
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