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10-128 Memorandum of Understanding (MOU), Operating Engineers Local Union No. 3 (OE3), AFL - CIO, July 2010 - June 30, 2012RESOLUTION NO. 10 -126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTfNO AND OPERATING ENGINEERS LOCAL NO. 3 UNION, 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 focal Union. No. 3, the recognized representative of the Public Worts Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded i MEMORANDUM OF UNDERSTANDfNG Between CITY OF CUP RTII O And OPERATING ENGINEERS LOCAL UNION PTO. 3, AFL -CIO Recital: Management and the Membership represented by Operating Engineers Local Union 3 (OE3) wish to formalize a relationship which will survive differences in interests, endure changes in leadership, and extend beyond legal and contractual requirements based on the following principals: In our relationship, we understand and accept that a high degree of trust is essential. Therefore, we will focus on developing and maintaining trust. We will promote and expand communications between the pasties and recognize active listening as a major component of communications. we will avoid sending ambiguous or nixed messages. we will always consult before deciding on matters which may have a major impact on the other party. Agreement This is a two 2 year agreement, entered into the 1 st day of July, 2010 between the City of Cupertino, hereinafter referred to as "City ", and the Operating Engineers Local Union No. 3, AFL, -CIO, hereinafter referred to as "Union ", sets forth the agreement resulting from the 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 full entire and integrated agreement between the City and the Union and supersedes all prior representations and agreements, whether written or oral. general Provisions SECTION 1; DEFINITIONS 1.1 C — the City of Cupertino, a municipal coronation 1.2 Union — the Operating Engineers Local Union loo. 1.3 Employee — All employees whose positions are contained in the Public worts Unit recognized pursuant to Section 2,52,470 of the Cupertino Municipal Code. SECTION . I...IIIN RECOGNITION Pursuant to Section 2,52.480 of the City Code and applicable State law, the Union is recognized by the City as the exclusive representative of the employees within the Public Worts Unit consisting of the following classifications as well as any new classifications which may be appropriate for this unit as determined by the Municipal Employee Relations f fiver; 0 Equipment Mechanic • Maintenance Worker I Maintenance Worker er I1 Maintenance Worker III Street Lighting Worker 2.1 The City shall promptly notify the Union, of its decision to implement any and all new classifications pertaining to wort, of a mature performed by employees in the bargaining unit. SECTION ; NO-DISCRIMINATION N In accordance with the City of Cupertino Equal Opportunity in Employment Ilan, all employees shall have equal opportunity in employment without regard to race, color, creed, religion, political affiliation, national origin, sex, disability, sexual orientation, age or for Union activity. SECTION 4; REPRESENTATION RIGHTS 4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate against employees of the City because of their exercise of representation right. under Section 3502 of the Government Code. 4.2 Business Representatives of the Union may have access to any employee or employees presenting a grievance and employees have the right to have the Union Business Representative represent him or she at all stages of disciplinary action. 4.3 The Union may select two 2 employees from the Service Center as Union Steward. 4.4 I l 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. One Union steward shall be relieved from assigned work duties by their immediate supervisor to attend meetings arranged with Management acrd to investigate and process grievances initiated by other employees. It is understood and agreed that handling of any grievance will not unreasonably interfere with the duties of the Union Steward as 2 worker. Accordingly, a Union Steward who is released by a supervisor to investigate a grievance or to meet with Management shall return promptly to his /her regularly assigned duties. 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 ether 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 ing environment which includes productivity and respect for each 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 represented 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 net apply to individual employees who have been properly and finally determined to be management or confidential employees. For the terra of this Agreement, all current and future employees of the City as described above, except as set forth below, shall, as a condition 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 recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal, alternative right of employees to refuse to form, Join, and participate in employee organizations. Neither party shall discriminate against an employee in the exercise of these alternative rights. 5.1.2 Accordingly, membership in the Union shall not be compulsory. An employee has the right to choose, 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. below. 5.2 Employee Selection 5.2, f Any regular employee, must, within thirty (3 0) days of their employment with the City, submit to the City either a signed authorization to deduct dues as member of the Union; or, sign and deliver to the City a. written assignment authorizing deduction of the properly 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 is granted an exception from these fees based on religious exception as explained 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 (3 0) 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 (3 0) day .period, The City and the Union agree that the Agency Fee shall be paid in exchange for representation services necessarily performed by the Union in it's capacity as exclusive bargaining agent and in conformance with 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 3 0 day period may at anytime thereafter join the Union and provide to the City a signed authorization to deduct dues as f t member of Union in lieu of the Agency fee. 5.2.4 During the last thirty (3 0) days of this Memorandum of Understanding between the City of Cupertino and operating Engineers Local Union No. 3, any employee who is a member of the Uni n, may, by written notice to the Municipal Relations Officer or designee, resign such membership and change their status to the Agency pee 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 fhe 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. 4 5. 3.2 The Union certifies that this "representation fee" includes only those costs actually incurred by the Union 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's 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 be used, directly or indirectly, for political or ideological activities, any and all amounts which do not constitute costs actually incurred by the Union in representation matters specifically and directly connected with the bargaining of, enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. The Union specifically agrees that the provisions of Section 5.7 of this Section apply to any claims a gainst the City or any of its 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. Financial Reporting 5. 5.1 The Union shall submit to the City a detailed written financial report of its financial transactions in the form of a balance sheet and an operating statement, certified as to accuracy by the Union's Executive Secretary. Eacb year such reports shall be verified 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 male provision for an escrow account to held amounts reasonably in dispute while challenges are pending, 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 who has historically held conscientious objections to Joining or financially supporting a public employee organization and is recognized by the rational Labor Relations Board to hold such objections to Union membership. Stich 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 5.6.2 Such exempt employee shall, as outlined in Section 5.6.1 above, as an alternative to payment of an Agency 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 Agency 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 Government Code Section 3502,5, this Section 5 may be rescinded in its entirety by a majority vote of all the employees in the unit covered by 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 o percent of the employees covered by this Section; (2) such vote shall be by secret ballot; and such 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 terra. SECTION 6: CITY RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the fission 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-, tape 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; tale 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. 6 The City shall give forty -five 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 ! • PERMANENT TRANSFERS Employees shall be notified in writing of any permanent transfer from one division to another tern 10 working clays prior to the effective date. SECTION : NOTIFICATION of PROPOSED CHANGE GE 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 f intended change, the parties will meet at a elate not less than fifteen 1 days following receipt of intent. ,after notification, the parties may mutually agree that the Meet and Confer provisi Iron- 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 deduction shall be made nor time off charged against employees taping authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 9.3.1 Clean Up Period At the end of each work period, up to 20 minutes paid clean up time will be provided to employees. Longer periods, when approved by the Supervisor, will be allowed depending on the work activiti TO may be accrued for up to O hours per calendar year. Any CTO earned exceeding hours will be paid at the rate of time and one -half. An employee may carry over the unused balance into the next calendar year. Any unused carryover balance will be automatically paid out at the end of the calendar year, An employee may exercise his/her option twice each calendar year to convert any or all accumulated compensatory time to cash, 9.7 Leave .Aceruals Are employee shall not accrue vacation or sick leave credits during a pay period if off without pay for more than 40 hours during said pay period. SECTION 10: COMPENSATION FOR SERVICES 10.1 Salary Range a. Approximate monthly salary ranges as listed on Attachment B will apply for each classification effective at the beginning of the pay period in which July l occurs. As reflected in Attachment B , effective at the beginning of the pay period in which July 1, 2 0 10 occurs, the City agrees to pay a salary increase equal to .5% and effective July 1, 2011, a.lary increase equal to L0%. b. Maintenance Worker I (MWI) hires after July 1, 2010 will be under the MWI 2 1 salary schedule as noted in Attachment B. C. Differentials as listed on .Attachment A will apply for each classification working in the Elmwood Program. 10. 2 Bilingual Pay Di ff erenti An employee who spears another language other than English while performing their assigned duties 'Involving contact with members of the community and who p'rasses the required language proficiency test(s), will be eligible to receive a 7.5% bilingual pay differential only for the work time during which the employee uses bilingual shills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum. In order to be eligible for Bilingual Pay, the Department Mead must certify that the employee has a need to use his /her bilingual shills in communicating with members of the community. 10.3 Acting I' y /Out- of=Class 10.3.1 Acting P Temporary assignment, approved in advance by the Department Head, to a classification in a higher pay grade not defined by this agreement, shall be compensated at the Step 1 -rate of the higher classification, or at a rate five percent greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. In order to qualify for Acting Pay, an employee shall work a minimum of 8 hours per day in the temporary position. No employee shall work- in a higher classification without written notice. A copy of the authorization shall be submitted with the timesheet for the affected pay period. 10.3.2 Out-of-Class Temporary assignments to a position assigned to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification or at a rate five percent greater than that of the regular position, whichever is greater, for hours worked. The temporary assignment shall be authorized 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 be submitted with the tirnesheet 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 tern of this agreement. July 1, 2010 - $200.00 'Minnnum manning and skill qualifications for standby a.ssigmnent shall be determined by the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified employees who reside in -an area that provides a response tirn.e of 30 minutes or less. 10.5 Callback Pa 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 wort day, compensation shall be paid at one and one -half 1 1 times the normal rate of the period the employee is required to be available at the work station, and for travel tithe in connection therewith to and from the employee's customary residence at one and one-half 1 12 ties. Under such circumstances a minlrnurn payment will be made equivalent to two hours at one and one -Half 1 12 times the normal rate of pay. 11101 1 . 6 Mileage Reimbursement Employees who are required to use their personal vehicles for City Business shall be reimbursed for such use at the rate established by the IRS. 10. 7 Probationary Period /Salary Advancement The probationary period shall be twelve months of paid employment. Employees will advance to the next step of the salary range upon successful completion of the probationary period. Advancement to subsequent salary steps will be based on merit (satisfactory evaluation) and are scheduled annually thereafter. 10.8 Special Shills Compensation wide variety of work, requiring specialized shills, is completed by employees of the Service Yard. Position classifications require experience and certification commensurate to the shills required in each separate Division. The following establishes certification, experience a nd additional compensation for eligible employees. Certifications not listed here, but required of the job specifications, are considered incidental and not eligible for special shill compensation. Special Shills Title Certification Deeded Experience Needed o Over Base Salary Non-point Source The ability to 2 yrs MWII 7.5% obtain a Certified Erosion, Sediment, and Storm Water Inspector (CESSWI) certificate as issued by the Envirocert International desired* Concrete /Asphalt The ability to obtain 2 yrs @ MWII 7.5 a Certified Public I nfrastrutu re Inspector certificate as issued by the American Public Works Association desired` 1l *Required Eight hours per year of continuing education in the specified field. Yard Person/Haz Mast Certificates in the 2 errs MWII 7.5 % following: • 40 hr Hazardous Waste Operations and Emergency Response • Haz open Technician Level • 8 hr on -Scene Incident Command • California Underground Storage Tank System Operator • Title 22 } Hazardous Waste Management • Transportation of Hazardous Materials Welding American Welding 7.% Society Certified; Horizontal Fillet, Carbon Steel Plate,lerticle and Overhead Melds Spraying Qualified 7.5% Applicator Certificate categories B, C or F 1 Class B License CA Class B Drivers License 7.5% Back Flog Baflow 7.5% Prevention Assembly Tester Certificate as issued by the American Water Works Association Eligible employees receive compensation incentive pay for only actual hours worked. To be eligible for special still pay, experience and certificates must be current, with written documentation on file with the Human resources Department, Special shill compensation shall be determined and approved in advance by the Supervisor in writing. 10.9 Flexible Staffing - Maintenance Worker er III An employee shall be eligible to advance frdrn Maintenance Worker I MWI to Maintenance Worker II (MW11) after one year of satisfactory service at the maximum salary step of Maintenance Worker I with the recommendation of the Department ent H ad and when all MWII job specification requirements are met. With the new classifications, a MWI would net he eligible to advance to a MW11 until all job specification requirements are met. Current MWI have the term of this agreement to obtain these specification requirements, SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION The City has contracted with CalP RS for a 2,7% @55 retirement formula. The City agrees to pay the employee's contribution rate to the California Public Employees Retirement System (CalPERS)not to exceed 6.0% of applicable salary and each employee agrees to pay 2.0% of applicable salary. The City agrees to pay the employer's contribution rate to the Public Employees retirement System. SECTION 12: HEALTH � AID WELFARE BENEFITS The City agrees to male available a plan of comprehensive health and welfare benefits for eligible employees, as well as those provided by the Operating Engineers Health and Welfare Trust Fund for Northern Calif Dinh, 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 terra of this agreement, 1 July 1, 2010 through June 30, 2012 Medical Insurance Coverage Level City Contribution Employee 765.29 Employee + 1 905.29 Employee +2 945.29 Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. The City will no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for new employees hired. after June 30, 2007. Effective July 1, 2010, employees that retire or resign from service with the City of Cupertino and who are not eligible for retiree medical benefits can continue on the Cupertino medical and dental plans provided that they pay the premiums in full. If during the terra of this agreement, modifications are made to the Federal tax code which would result in any of the medical insurance provided to become subject to taxation, the contract will be reopened to discuss the impact of such modifications. SECTION 13: INSURANCE 3.1 Long Term Dis iii y The City shall provide Long Terre Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary, Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 3. Life Insurance The City small provide life insurance and accidental death and dismemberment coverage for each employee in the amount of five tines 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 14.3 6 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: 14 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. Thanlcsgiving 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 wor1r, to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 14. LI Holida Pay In order for an employee to receive his /her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled -day after the holiday or designated non- work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. 14.2 'lo .ting Holiday Leave In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may. be used in increments of not less than one 1 hour, Floating holiday leave shall be earned at a rate of .77 hours per paid period. Floating holiday leave may be accumulated up to 40 hours. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. 14.3 vacations All employees, other than those holding temporary status, whose worl assignment is of a recurring nature of not less than a normal work eel shall accrue vacation Gre fits during the calendar year. Accrued vacation may be taken with prior supervisor' approval, 1 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 following conditions: 1. The employee must have accrued vacation of at least 120 hours. 2. Any payments made for unused vacation will be subject to all appropriate taxes. 3. Minimum exchange will be 8 hours; maximum exchange will be 80 hours. 4. All changes are irrevocable. 14. ,1 vacation Accrual Rate Benefited full -time employees accrue vacation in accordance with the following schedule. Benefited employees who work less than a full -time work schedule accrue vacation in accordance with the following schedule on a pro -gated basis. Service Time Hrs of Accrual Per Pay P iniA n d Annual Accruals Maximum Accrual o - 3 Years 3.08 80 Tours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 — 14 Years 5.24 136 Hours 272 Hours s 1 ^ 19 Years 6.16 160 Hogs 320 Hours 20 + Years 6.77 176 Hours 352 Hours An employee may accrue no more vacation credit than twice the annual rate being earned. 14.3.2 Pull vacation leave shall be taken at one time by any one employee whenever possible. The time during the calendars year at which an employee shall tale his /her vacation shall be determined with due regard for the wishes of the employee and particular regard for the needs of the service. vacation leave of less than the full amount earned may be taken with the approval of the Supervisor.. 14..3. ,3 on termination of employment or on receiving a leave of absence of more than three months, an employee who has completed 12 months of continuous service with the City shall be entitled to reoeive compensation for all earned 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 (112) time shall be prorated according to the time of the recurring work assignment as to the normal work week. ILIA 14.4 Sick Leave All full time employees, other than those holding temporary status, shall earn eight (8) hors 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 a prorated amount of sick leave based on their regular hours worked in relation to 40 hours. Employees absent without pay for any reason for more than forty o hours during a calendar month shall not earn sick leave benefits for that month. Sick leave may be utilized due to the employee's personal illness, maternity or siel ness or injury to the immediate family. With proper notice, sick leave shall be taken in periods of no less than one -half 1 hour increments. The City will be in compliance with Mate and Federal Family Leave Laws. In addition to the family members listed in the Kin Care Law (children, step - children, spouse /domestic partner, parents, mother -in -law, father -in -later) the City agrees to expand those members to include siblings, grandchildren and grandparents who because of illness cannot care for themselves, and for medical emergencies. Employees shad, whenever possible, male appointments for medical, dental and similar purposes during non-work hours. If this is not possible, sick leave may be used for these purposes. 1.4.5 SICK LEAVE VERIFICATION A Department Head or supervisor may require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a. request for sick leave if the sick leave exceeds three consecutive workdays, A supervisor may also require a doctor's certificate or other form of verification where leave abuse is suspected. If it appears that ai-i 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 bereavement leave of 24 fours upon the death of a close relative. dose relatives are defined as rnotlier, father, sister, brother, wife, husband, domestic partner., child, stepchild., grandparent, grandchildren, mother -in -law and father -in -lave. 1 Addi resigned. Such absence may be covered, however, by the Department Head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. 14.2 Catastrophic Leave 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 the treating physician to determine the applicant's eligibility for catastrophic leave hours. Vacation hours and compensatory time off CT hours are the only leave of absence credits which may be donated in any pay period. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours. Upon retirement or resignation, an employee can contribute _up to 10 hours of sick leave provided that the employee has a minimum of 320 hours of sick leave, which has previously become vested. All benefited employees 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 representative must complete a prescribed application forlia together with supporting medical documentation to the Personnel Officer when applying for funds. A recipient must have used all of their available leave hours before he /she is eligible. The maximum amotmt is two months (LTD becomes available at this time). 4.13 Family Leave The City of Cupertino will comply with State and Federal Famil Leave Laws, SECTION I : SICK LEAVE CONVERSION 15.1 Bich Leave is not vested under California statutory law. 15. 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. 15.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for up to eighty-five percent % of the value of the incentive compensation bank. 15.4 If open resignation an employee has a, minimum of 320 non - vested fours, pa =nt shall be made for up to seventy percent % of the value of the incentive compensation bankc. 19 15. 4. a. Employees shall have the option of cashing out sick leave in accordance with Section 1 - Sick Leave Conversion. Any employee who is retiring will have the option of applying any remaining sick leave to service credit. If an employee is resigning, he /she will not have the option of applying sick leave hogs to service credit. 15.5 Represented employees will have the option, subject to approval, of cornvertin rcl 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 hogs of it time for 8 hours of vacation leave per calendar year. Minimum 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 112 of vacation accrued during the previous twelve 12 months. Such conversions, either to exchange sick leave for vacation or vice versa., shall be subject to the following conditions: a. All requests to exchange sick leave for vacation time shall be submitted in writing to the Department Mead a t 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. e. If twelve 1 months s have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the might to re- convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. . 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 ration 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. 20 SECTION 16: SAFETY EQUIPMENT The City will pay on an annual basis the following amount to employees for the purchase of steel toed safety shoes and rain gear during the term of this agreement: July 1, 201 o - $400.00 The City shall retain the right to establish minimum safety and quality standards for the steel toed safety shoes, clothing and safety equipment to be used while performing assigned task. 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 sags, orange safety tee shirts and/or uniform shirts (11), sweatshirts, safety jacket I jacket every other year), and rain boots. The city will continue to provide and launder shirts or overalls, which shall he 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 task assigned. If an employee should be at work irithout the required clothing and/or safety equipment, that employee will not be paid until he /she is at the worlsite with the required clothing and/or safety equipment. Hard hats must be wom when work performed by an employee is equal to, or above his /her eye level. Steel toed safety shoes must he worn at all times during the workday. For new employees, the safety and equipment allowance will he prorated from the date of employment through the end of the fiscal year i*n which appointed (June . 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 the City residents' fee structure and in preference to non- residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $400 in Rec Buck toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies and a free, employee only annual Cupertino Sports Center fitness membership. Part -tine benefited employees will have the annual amount of Recreation Bucks prorated based on number of hours worked. 1 SECTION 18: TRAINING AND TUITION EIMBUR JEM.1 N 1 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 vled.ge and interests in the di The parties agree that such meetings shall not be negotiations and therefore the results of the meetings shall not he binding on the parties, These meetings are not to act as a substitute for the roles and responsibilities of either a shop steward or other job classifications; The Union shall elect one representative from each division and management may have an equal number of participants on the committee. SECTION 19: PERFORMANCE EV LUATI S The purpose of performance evaluations is to have formal communication between supervisor and employee regarding job performance. It is a value to both parties to have this process be meaningful and fair. In the event that an employee's performance -appears to need improvement., the supervisor should immediately acicnowledge the problems in informal or documented oral colmseling sessions. Counseling should be separate from normal worksite dialogue and should occur as close in time to the event or problem as possible. It is not in either the City's or the employee's interest to have the feedback delayed until the time of the annual performance evaluation. Annul performance evaluations will occur no later than 30 days after the due slate s set by Human Resources, Division Maintenance Worker 111(s) should provide input in conjunction vxtb the employee evaluation process. SECTION o: TEMPORARY DISABILITY BENEFITS Any employee sustaining i jury 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 reserve temporary disability payments as prescribed by state law. 20. 1 Use of Sick Leave to Sulmlement Temporary Disability Disabilily Payments Any employee entitled to receive temporary 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 1: 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 23 continues, or the offense is more than minor, in the judgment of the supervisor, the employee shall be notified through the issuance of an infraction notice. Such infraction notices shall remain in the supervisor's file and be destroyed after twelve months. 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 Frights" of the emplo yee as defined by the counts of California, it shall be referred to the Director of Public warps. A written notice from the Director of public warps 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 . the materials upon which the allegation(s) are based and access to any other related items e. a "Shelly" pre - disciplinary statement as to the rights of the employee to respond either orally or in writing to the Director of Public warps prier to the effective date of the proposed action; and the employee's right of appeal f. a statement that the action will become final if the employee fails to respond to the notice within the specified time It is understood that an employee's request for a Skelly meeting will postpone the effective date of action until the Shelly has been heard and the City has responded to issues raised in the Skelly meeting. In this case the effective date will be five warping days from the Director's response, SECTION 2: LAYOFF PROCEDURE The appointing authority may layoff employees for lacy of funds, lacy of work or for other similar and just cause. The appointing authority will identify the classifications subject to layoff. For purposes of this Section, Maintenance Worker I and Maintenance Worker II shall be considered the same classification. wart -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 identified for layoff shall be laid off in reverse order of seniority, based on the date of the appointive t 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. 24 Employees being laid off shall be entitled to placement in a lower classification; provided a the employee was previously employed with regular status having completed the probationary period in that lower classification and b the employee has more total seniority with the City than an individual in the lower classification. Any employee being displaced by an employee opting to be placed in a lover classification shall be entitled to placement i n the lover classification, subject to conditions a and b listed in this section.. The City will provide a 30 day notice to any employees identified for layoff. Such notice will include the employee's rights to placement in a lover classification pursuant to this section. Medical, dental, vision, and life insurance continue through the end of the month in which the layoff is effective. In addition, the employee will be provided with an opportunity to elect to enroll in COBRA medical, dental, and/or vision coverage at the time of layoff and at employee expense. The names of the employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten 10 business days to a written notice of such opportunity for reinstatement shall cause that name to be removed from the recall list. Such notice shall be sent by certified or registered rail to the address of the employee on file with the City. The affected employees sb .11 be responsible for updating the City of any change in address during the time they are on the recall list. SECTION 23: REINSTATEMENT With the approval of the appointing authority, a regular or probationary employee who has resigned with a good record or been recalled from a layoff action may be reinstated within twenty-four months of the effective date of resignation 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 : GRIEVANCE PROCEDURE Definition and procedure: a grievance is a dispute or difference of opinion raised by an employee against the City involving the meaning, interpretation or application of the express provisions of this Agreement or the Rules on Conditions of Employment or existing work rules. 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 calendar clays after such presentation. Step 2; If the grievance 1s 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 calendar clays after the supervisor's oral answer, or answer due in Step 1, and shall be signed by both the aggrieved 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 calendar 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 calendar days following their meeting. Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's Department Head within five calendar days after the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the Union Representative .tive or Union Business Agent. 'The Department Head shall discuss the grievance within five 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 answer to the employee within five (5) calendar clays following their meeting. Step : If the grievance 1s 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. 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 day period, the parties shall immediately jointly request the State Mediation and Conciliation Service to submit a panel of five advisory arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Toth the Union and the City shall have the right to strife two names from the panel. The person remaining shall be the advisory arbitrator. 2) The advisory arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. 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 aright 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 submitted to the same advisory arbitrator if both parties mutually agree in itin . 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, 26 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 issue not so submitted or raised. The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The recommendation shall be advisory only. SECTION 25: 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; 25. 1 ftppasses A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: 1. Mediation or conciliation). (Defined in Section 2.52.290) All mediation proceedings shall be private. The mediator shall male no public recommendation nor take any public positron 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 procedure 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 employe organization or employee organizations. 27 SECTION 26: CONTINUATION OF BENEFITS All terms and conditions of employment ment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 2' ; SEPARABILITY In the event any provisions of this agreement is finally held to be illegal by a. court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the suhj e t set forth, then the remainder of the agreement shall continue in full force and effect unless the pars so found to he void are held inseparable from the remaining portion of the agreement. SECTION 28: RATIFICATION Nothing contained in this agreement shall he binding upon either the City or the Union following signing of this agreement by the parties until it has been ratified by the Union's membership and presented and approved by the City Council of the City. SECTION 29: TERM This agreement shall he effective commencing at 12:01 a.m. July 1, 2010 and ending at 1 1:59 p.m. June 3 0, 2012. Moll Attachment Elmwood Work Furlough Program Purpose: To provide a public service for local government through the availability of individuals in sentencing alternative program, to perform clean-up type duties. Affected Employees: 1. All employees hired on or after January 1, 2006 may e required to participate in the Elmwood Work Furlough Program FP . 2. Participation by employees hired prior to January 1, 2006 will be on a voluntary basis. 3. Seniority for employees hired on the sane clay will be determined by employee number i.e., the lower the employee number, the greater the seniority). Participation; 1. An Administrative Crew Leader will be responsible for daily activities related to the EWFP. 2. Assistant Crew Deader will be assigned as necessary to the EWFP. 3. Elmwood Responsible are periodically assigned it n. tes under the general supervision of tlae Elmwood Lead /Assistant Lead. 4. Employees will be provided ten 1 calendar days notice prior to permanent assignment with the E WP P . 5. with the exception of volunteers, employees with the least seniority who have received W'P training will be assigned within 30 days of the completion of training to participate as staffing ing is required. • Compensation: 1. Administrative Crew Leader 40% above base pay. 2, Assistant Crew Leader 7.5% above base pay. 3. Elmwood Responsible — % above base pay. Responsibility The following responsibilities/tasks are assigned to pm- ticipants in the EWFP. 1. .Administrative Crew Leader a. Knowledge of EWFP policies, rules, and regulations, b. Daily administrative of the EWFP. e. Assigmnent of inmates consistent with direction of the responsible Public Works Supervisor. . Conduct an :oo a.m. roll call at the beginning of each day. . Notify Elmwood if an inmate sloes not arrive on time. f, Assign tools and safety equipment to inmates. g, Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor Manual h. Conduct a :00 p.m. roll call at the end of each day, An Administrative Crew Leader will not perform manual work that will distract from fully monitoring the EWFP crew. 2. Assistant Crew Leader a. lino vl dge of EWFP policies, rules, and regulations. Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor Manual ". b. Contact the Administrative Crew Leader concerning EWFP issues. e, Lock and secure Corporation Yard at the end of the day. An Assistant Crew Leader will not perform manual work that will - distract from fully monitoring the EWFP crew. 3. Elmwood Responsible a. K no vled e ofEwFP policies,, rules and regulations. b. Supervise inmates consistent with the provisions of the "Satellite Crew Supervisor Manual". c. Contact the Elmwood Lead /Assistant Lead concerning EWFP issues. d. Not eligible for additional special skills incentive pay (unless Class B license). An Elmwood responsible will perform manual work, provided that the EWFP crew is fully monitored. 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. SECTION 10. IA: APPROXI1 TE MONTHLY LY SALARY RANGES ATTACHMENT B S a I a ry Effective 07101 10 Classif icat on Step 1 Step 2 Step 3 Step 4 Step 5 Equipment Mechanic $ 5,267.00 5,530.00 5,807.00 $ 61097.00 $ 60402.00 Mai ntena nce 'Worker 1 $ 41236.00 $ 41449.00 $ 4,671.00 $ 4,906.00 50150.00 Maintenance Worker 1- 7/1/10 $ 3,842,00 $ 4,035.00 $ 4,236,00 $ 4,449.00 $ 4,671,00 Maintenance Wort er 11 $ 4,449.00 $ 4,671.00 $ 41906.00 $,5,150.00 5,41 ..00 Maintenance Worker III $ 51150,00 $ 5,411.00 $ 5,681.00 $ 50967.00 $ 67266.00 Street Lighting Woke rr $ 51013,00 $ 5,264.00 $ 5,527,00 $ 51503.00 $ 6,093.00 Salary Effective 07/01/11 Classification Step I Step 2 Step 3 Step 4 Step 5 Equipment Mechanic 5,320,00 $ 51586.00 $ 5,865.00 $ 6,158,00 $ 6,466.00 Maintenance Worker 1 4,279.00 4,493,00 41717.00 41955.00 $ 51202.00 Maintenance Worker 1 -2010 $ 3,81.00 41075.00 $ 4,279,00 $ 41493.00 $ 4,717,00 Maintenance Worker er 11 $ 4,493.00 $ 41717.00 $ 40955.00 $ 51202.00 $ 5,465.00 Maintenance Worker III $ 51202.00 $ 5,465.00 51738.00 $ 61027,00 6,328,00 Street Lighting Worker $ 51063.00 1 $ 5,316,00 1 51582.00 1 51861.00 6,154,00 1 Sideletter Agreement: ATTACHMENT C Due to tuning, the parties agree to meet and discuss the following items subsequent to the ratification of this agreement, with the intent. to retroactively include the agreed upon items as an integral part of the agreement no later than August 3 1, 2010: 1. Updated j oh descriptions 2. Timeline for obtaining certificates Approval of Side lever: OPERATING ENGINEERS LOCAL UNION No. 3 ,3 Bill Pope 1 Brian Gathers � s Ton rani 7 es Steed Date : �/�'�� /� 3 CITY OF C PERTIN 1, r acid W. Knapp Carol Atwood Laura Mi ak a ppr ve - as to form: Carol A. Kora.d e City Attorney Date: ff�3d110