CC Resolution No. 3705 RESOLUTION N0. 3705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RATIFYING TIiE PROVISIONS OF A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE OPERATING ENGINEERS LOCAL UNION
N0. 3 OF THE I. U. 0. E., AFL-CIO, ON BEHALF OF THE EM-
PLOYEES REPRESENTED WITHIN THE PUBLIC WORKS UNIT
WHEREAS, authorized representatives of the employees within the Public
Works Unit and authorized representatives of management of the City of Cupertino
have met and conferred in good faith on more than one occasion pursuant to State
law and the City Code of the City of Cupertino; and
,_'WHEREAS, proposals affecting wages, hours and other conditions of employ-
ment have been presented on behalf of the employees by their authorized rep-
resentatives and have been discussed and considered by representatives of the
City; and
WHEREAS, a Memorandum of Understanding has been prepared and agreed to by
both employee and City representatives and submitted to the City Council for
ratification and implementation after agreement was reached by both parties
on all matters proposed and discussed between them;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cuper-
tino does hereby ratify the attached Memorandum of Understanding between the
City of Cupertino and the Operating Engineers Local Union No. 3 of the I. U. 0. E.,
AFL-CIO representing the employees of the Public Works Unit, which memorandum
was made and entered into the fifteenth (15th) day of July, 1974.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the provisions of this Memo-
randum of Understanding shall take effect on and.after July 1, 1974, and shall
be terminated as provided therein.
The City Manager is hereby directed to implement the provisions of this Memo-
randum of Understanding.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 16th day of Julv , 1974, by the following
vote:
Vote Members of the CitY Council
AYES: Frolich, Jackson, Meyers, Nellis, Sparks
NOES: None
ABS~NT: None
ABSTAIN: None
ATTEST: APPROVED;
/s/ Wm. E. Ryder /s/ Reed Sparks
City Clerk Mayor, City of Cupertino
MEMORANDUM OF UNDERSTANDING
. between
CITY OF CUPERTINO
and
OPERATING ENGINEERS LOCAL UNION N0. 3
of the INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO
This agreement, made and entered into this fifteenth day of July, 1974 by
and between authorized representatives of the City of Cupertino, hereafter referred
to as "City", and authorized representatives of the Operating Engineers Local Union
No. 3, I.U.O.E., AFL-CIO, hereafter referred to as the "Union", for and on behalf
of its members herein identified.
This Memorandum of Understanding is subject to all existing Federal and State laws
and to ordinances, resolutions, administrative rules and personnel rules of the City
except as expressly provided to the contrary by this Memorandum of Understanding.
01.00.00 RECOGNITION
01.01.00 Pursuant to Section 2.52.480 of the City Code and applicable State law,
the Union is recognized by the City as majority representative of the employees
within the Public Works Unit consisting of the following classifications as well as
any new classifications wliich may be assigned to this unit by the Municipal Employees
Relations Officer:
Maintenanceman I
Maintenanceman II
Maintenanceman III
Street Sweeper Operator
Equipment Mechanic
02.00.00 DEFINITIONS
02.01.00 Union: The term "Union" _as used herein shall refer to the Operating
Engineers Local Union No. 3 of the International Union of Operating Engineers,
Ak'L-C I O .
02.02.00 City: The term "City" refers to the City of Cupertino, a municipal cor-
poration.
02.03.00 Employee: The:..term "Employee" means all workers covered by this Memorandum
of Understanding whether male or female and the use of masculine pronoun or other
masculine terms which include the feminine. Use of the singular which includes
the plural and use of the plural which includes the singular.
02.04.00 Workweek; The term "Workweek" shall be any forty (40) hour period within
any seven (7) day period consisting of one hundred and sixty-eight (168) hours.
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02.05.00 Workday: The term "Workday" shall mean any consecutive period of eight
(8) hours within any twenty-four (24) hour period unless otherwise provided by law,
code or subsequent agreement by the parties.
03.00.00 STANDBY DUTY
03.01.00 Employees who are required to be available on a standby basis for possible
service calls during their off shift hours shall receive a standby allowance as
follows: Twenty dollars ($20.00) per week per man.
03.02.00 The City shall assign standby duty to all those employees, on a rotating
basis, who reside in an area that provides an acceptable response time factor.
03.03.00 The City shall determine the minimum manning requirements for standby duty.
04.00.00 MEET AND CONFER
04.01.00 Pursuant to State law Section SS3505.3,":the City shall allow a reasonable
number of employee resentatives of a recognized employee organization reasonable time
off without loss of compensation or other benefits when formally meeting and conferring
with representatives of the City on matters within the scope of representation.
04.02.00 A designated representative shall not leave his work station without first
obtaining approval of his immediate supervisor.
04.03.00 City or parties agree to serve written notice upon the other party of any
intent to cha.nge or alter any ordinance, rule, resolution or regulation affecting
the recognized employee organization on matters relating to the scope of representa-
tion. Upon receipt of the written request or notification of intended change, the
parties will meet at a date not less than fifteen (15) days following receipt of
intent. After notification, the parties may mutually agree that the Meet and Confer
provisions are satisfied by the written notice.
04.04.00 In cases of emergencies when the City determines that an ordinance, rule,
resolution or regulation must be adopted immediately without prior notice or meeting
with the Union, the City shall provide such notice and opportunity to meet at the
earliest practical time following the adoption of such ordinance, rule, resolution
or regulation consistent with Section 04.03.00 of this agreement.
05.00.00 BENEFITS
05.01.00 Group Medical and Health Insurance: The City shall continue to make avail-
able to each employee the health plans presently provided under the Meyers-Geddes
health plans provided through contract by the State. The City shall contribute to
the group medical and health insurance plan an amount not to exceed thirty-seven
dollars ($37.00) per employee per month.
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05.02.00 Dental Insurance: The City shall contribute an amount not to exceed
thirteen dollars ($13.00) per month per employee to provide dental insurance. The
dental insurance shall be made available through the Operating Engineers Union
Local No. 3 trust fund; the said plan shall be California Dental Service (C.D.S.)
80-20, 60-40 coverage. Said plan in its entirety shall be included in Attachment I
hereto.
05.03.00 Life Insurance: The City shall continue to provide term life insurance
for each employee in the amount of three thousand dollars ($3,000.00). The premiums
of said insurance shall be paid entirely by the City.
06.00.00 SALARY
06.01.00 The City shall compensate all employees and provide for the following
salary ranges and rates for the following classes of positions. The salaries shall
be effective July 1, 1974. Monthly and hourly rates are interchangeable with the
weekly rates which are used to administer the bi-weekly payroll system.
Pay Schedule (Effective July 1, 1974)
Classification Step 1 SteP 2 Step 3 Maximum
Maintenanceman I Week $177.65 $186.76 $195.87 $215.23
Month 769.82 809.29 848.77 932.66
Hour 4.441 4.669 4.897 5.381
Maintenanceman II Week $186.76 $195.88 $204.98 $226.62
Month 809.29 848.77 888.25 982.02
Hour 4.669 4.897 5.125 5.666
Maintenanceman III Week $206.83 $218.01 $228.07 $ 252.67
Street Sweeper Operator Month 896.26 944.71 988.31 1094.90
Hour 5.171 5.450 5.702 6.317
Equipment Mechanic Week $218.01 $228.07 $'240.37 $ 264.97
Month 944.71 988.31 1041.60 1148.19
Hour 5.450 5.702 6.009 6.624
07.00.00 HOLIDAYS
07.01.00 The City shall provide the following holidays:
Independence Day July 4, 1974
Labor Day September 2, 1974
Veteran's Day November 11, 1974
Thanksgiving Day November 28, 1974
Friday following Thanksgiving November 29, 1974
Christmas Day December 25, 1974
New Year's Day January l, 1975
Lincoln`s Birthday February 12, 1975
Washington's Birthday February 17, 1975
Memorial Day May 30, 1975
The period between twelve noon and 3:00 p.m. on Good Friday shall be
considered a non-work period.
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08.00.00 SAFETY EQUIPMENT
08.01.00 The City shall provide the necessary safety equipment to preserve the
health and safety of the employees. Such equipment shall be in compliance with
~ the regulations of the California O.S.H.A. as it exists and may be hereafter modi-
fied by both statute and order of the Division of Industrial Safety. The City shall
retain ownership of any safety equipment so provided. The City agrees to take im-
mediate steps to correct any deficiencies as may be found to exist in health and
safety which are detrimental to the employee and may result in loss of life or limb
or other impairment to health.
08.02.00 The City shall provide one-half hour tool and area cleanup time once a
week not withstanding emergencies which may arise and preclude the use of the desig-
nated cleanup time. In no case shall the City be obligated to approve cleanup time
missed as a result of an emergency.
08.03.00 The City shall ma.ke necessary improvements and modifications to the existing
sanitary and washroom facilities in the City's Corporation Yard.
09.00.00 EXISTING BENEFITS
09.01.00 The City agrees to maintain all existing benefits except as herein provided
to the contrary.
10.00.00 SEPARABILITY
10.01.00 In the event that any provision of this Memorandum of Understanding is
declared by a court of competent jurisdiction to be illegal or unenforceable, such
nullification shall not affect any other provisions of this Memorandum of Understanding,
all of which other provisions shall remain in full force and effect.
11.00.00 TERM
11.01.00 This Memorandum of Understanding shall continue in full force and effect
beginning July 1, 1974 and ending at 12:01 a.m. June 30, 1975. It will be renewed
from year to year thereafter unless either party shall give written notice to the
other of a desire to revise or terminate this Memorandum of Understanding.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first mentioned above.
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OPERATING ENGINEERS LOCAL UNION N0. 3
of the INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO
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CITX 0~ CUPERTINO
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