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16-178 Memorandum of Understanding (MOU), Operating Engineers Local No. 3 Union (OE3), AFL-CIOMEMORANDUM OF UNDERSTANDING City of Cupertino And Operating Engineers Local No. 3 Union, AFL-CIO July 1, 2016 -June 30, 2019 Table of Contents Category Section Page Number Definitions 1 4 Union Recognition 2 5 Na-Discrimination 3 5 Representation Rights 4 5 Agency Shop 5 6 City Rights 6 9 Permanent Transfers 7 10 Notification of Proposed Change 8 10 Hours of Work: Overtime 9 10 Compensation for Services 10 12 Public Employees Retirement Contribution 11 17 H ealth and Welfare B enefits 12 18 Insurance 13 19 Paid Absences 14 19 Sick Leave Conversion 15 25 Safety Equipment 16 26 City Sponsored Recreation Programs 17 27 Training and Tuition Reimbursement 18 27 Performance Evaluations 19 29 Temporary Disability Benefits 20 29 Disciplinary Action 21 29 2 Layoff Procedure 22 30 Reinstatement 23 31 Grievance Procedure 24 31 Impasse Procedure 25 33 Separability 27 33 Ratification 28 33 Term 29 34 Weekend Work Furlough Program Exhibit 1 35 Hourly Salary Ranges with Salary and Equity Exhibit 2 37 Adjustments included in the ranges 3 MEMORANDUM OF UNDERSTANDING Between CITY OF CUPERTINO And OPERA TING ENGINEERS LOCAL UNION NO. 3, AFL-CIO Recital: The City 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 dev eloping and maintaining trust. We will promote and expand c01mnunications between the parties and recognize active listening as a major component of communications. We will avoid sending ambiguous or mixed messages. We will always consult before deciding on matters which may have a major impact on the other party. Tenn of Agreement; This is a three (3) year agreement, entered into the 1st day of July, 2016 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 meet and confer bargaining process 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 City-the City of Cupertino , a municipal corporation 1.2 Union -the Operating Engineers Local Union No. 3 1.3 Employee -All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code. 4 SECTION 2: UNION RECOGNITION Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is recognized by the City as the exclusive representative of the employees within the Public Works Unit consisting of the following classifications as well as any new classifications which may be appropriate for this unit as detennined by the Human Resources Director: • Lead Equipment Mechanic • Equipment Mechanic • Maintenance Worker I • Maintenance Worker II • 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 work of a nature perfo1med by employees in the bargaining unit. SECTION 3: NO-DISCRIMINATION In accordance with the City of Cupertino Equal Opportunity in Employment Plan, all employees shall have equal opportunity in employment without regard to race, color, creed, religion, political affiliation, national origin, sex, disability, sexual orientation, age or for Union acti v ity or any other basis prohibited by applicable Federal and State law against any employee. SECTION 4: REPRESENTATION RIGHTS 4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate against employees of the City because of their exercise of representation under Section 3502 of the Government Code. 4.2 Business Representatives of the Union may have reasonable access to any employee or employees presenting a grievance and employees have the right to have the Union Business Representative represent him or her at all stages of disciplinary action. 4.3 The Union may select two (2) employees from the Service Center as Union Steward. 4.4 In addition to his/her regularly assigned work, the Union Steward shall be permitted reasonable time during working hours to notify the Business Representative through the most rapid means appropriate and available of any alleged violations of this Memorandum. Employees are authorized to contact their Union Steward during working hours to report an alleged grievance or violation of this Memorandum . One Union steward shall be relieved from assigned work duties by their immediate supervisor to attend meetings arranged with Management and to investigate and process 5 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 a 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 other personnel changes affecting dues payment will be provided to the Union by the City. 4.6 The City and the Union desire to work towards a good working environment which includes productivity and respect for 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 995 hours per fiscal year. The provisions of this Section shall not apply to individual employees who have been properly and finally determined to be management or confidential employees. For the term of this Agreement, all current and future employees of the City as described above, except as set forth below, shall, as a 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 .6 below. 5.2 Employee Selection 5.2.1 Any regular employee, must, within thirty (30) days of their employment with the City, submit to the City either a signed authorization to deduct dues as a 6 5 .2 .2 5.2 .3 5.2.4 5 .2 .5 5.3 5.3.1 5 .3 .2 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 a 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. If a person fails to make any of the designations set forth above within the thirty (30) day period, they will be given notice by the City that the Agency Fee deduction will be made beginning with the first full pay period following the expiration of the thirty (30) day period . The City and the Union agree that the Agency Fee shall be paid in exchange for representation services necessarily perfonned by the Union in its capacity as exclusive bargaining agent and in conformance with its duty of fair representation of said employee who is not a member of the Union. Any regular employee who makes a designation to pay the Agency Fee within the above thirty (30) day period may at anytime thereafter join the Union and provide to the City a signed authorization to deduct dues as a member of the Union in lieu of the Agency Fee . During the last thirty (30) days of this Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No . 3 , any employee who is a member of the Union , may, by written notice to the Human Resources Director or designee and the Union , resign such membership and change their status to the Agency Fee or exempt category in accordance with the provisions of this article . 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. Definition of Agency Fee The Agency Fee collected from non-member bargaining unit employees pursuant to Section 5 .2 .1 of this Memorandum of Understanding shall be limited to the Union 's (local, state, and national) annual costs for representing such employees . Such amount shall be those amounts for full -time employees as are certified to the Human Resources Director or designee, from time-to-time by the designated officer of the Union as the Agency Fee. The Union certifies that this "representation fee" includes only those costs actually incurred by the Union in representing employees, who are not also 7 members of the Union, in matters specifically and directly connected with the enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. The Union further certifies that this "representation fee" excludes all other costs , fees, and adjustments including, but not limited to: Union fines , back dues , initiation fees, or any other charge required as a condition of Union membership; any and all amounts which may 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 against 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 . 5.5 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. Each year such reports shall be verified and submitted in writing to the City's Human Resources Director by the Union within 60 days of July 1. 5.5.2 The Union will provide a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker not chosen by the Union and will make provision for an escrow account to hold amounts reasonably in dispute while challenges are pending. 5.6 Employees Exempted from Obligation to pay the Union 5.6.1 Any employee shall be exempted from the requirements of Section 5 .2 above if such employee is a member of a bona fide religion , body or sect who has historically held conscientious objections to joining or financially supporting a public employee organization and is recognized by the National Labor Relations Board to hold such objections to Union membership. Such employee shall , upon presentation of membership and historical objection satisfactorily to the City and the Union, pay the required service fee to a recognized non- profit charity. 8 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 its 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 pro vis ions , 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 (30) percent of the employees covered by this Section; (2) such vote shall be by secret ballot; and (3) 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 term. SECTION 6: CITY RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments , commissions and boards; set standards of services; detennine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the content of job classifications ; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The City shall have the right to furlough employees subject to meet and confer with the Union regarding the impact of the decision to furlough. 9 The City shall give forty-five ( 45) days prior written notice to the Union of the intent and anticipated impact or proposed contracts for work now being done or new work that could be done by job classifications represented by the Union. SECTION 7: PERMANENT TRANSFERS Employees shall be notified in writing of any permanent transfer from one division to another ten (10) working days prior to the effective date. SECTION 8: NOTIFICATION OF PROPOSED CHANGE City agrees to serve written notice upon the Union of any intent to change or alter any ordinance, rule, resolution or regulation affecting the recognized employee organization on matters within scope of representation. Upon receipt of the written notification of intended change, the parties will meet at a date not less than fifteen (15) days following receipt of intent. After notification, the parties may mutually agree that the Meet and Confer provisions are satisfied by the written notice. In cases of emergencies when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice of meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, and resolution regulation consistent with the agreement. SECTION 9: HOURS OF WORK: OVERTIME 9.1 Hours of Work Defined Hours worked shall include all time not under the control of the employee_ whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The normal work week shall be 40 hours in seven days with two consecutive days off. Alternate Work Schedules (AWS) may be considered, including 9/80 and 4/10, but must be approved in advance by the Department Head. The City reserves the right to re-evaluate such approvals if the Alternate Work Schedule results in an undue burden to the City. 9. 2 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours of work will be made after ten (10) working days prior notice. Volunteers will be sought for any change in regular work hours. If there are no volunteers, the regular employee with the least seniority will be assigned for a maximum of twelve months. The city will attempt to make four-month assignments when possible. 10 Non-emergency work will not be scheduled for a weekend when either Friday or Monday is a recogni z ed 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. Employees may not combine lunch and break times unless with prior departmental approval as a result of operational needs . Break times should be taken at the worksite assigned or in the event there is no restroom facilities is available then to the closest location where a city restroom facilities is available. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrned for rest periods not taken. 9 .3.1 Clean Up Pe1iod 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 activities of the work period. 9. 4 Overtime Overtime shall be defined as any work in excess of Section 9.1 above. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the Department Head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed . 9.5 Payment of Overtime All approved overtime work perfonned by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee 's scheduled vacation shall be considered to be overtime and paid accordingly. 9.5.1 Meal Periods A paid meal period and a $12 meal allowance sha ll be provided when an employee works more than three consecutive hours immediately following the end of a regular workday. In addition, after four additional consecutive hours of overtime work, a paid meal period and a $12 meal allowance shall be provided. A meal period shall be 40 minutes . 9. 6 Compensatory Time Off At the employee's discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. 11 Employees , who have previously earned CTO , shall be allowed to schedule CTO at the employee 's discretion provided (1) that prior supervisory approval has been obtained and (2) the request is made in writing. CTO may be accrued for up to 80 hours per calendar year. Any CTO earned exceeding 80 hours will be paid at the rate of time and one-half. An employee may cmTy over the unused balance into the next calendar year. Any unused ca1Tyover balance will be automatically paid out at the end of the calendar year. An employee may exercise his/her option twice each calendar year to convert any/or all accumulated compensatory time to cash. 9. 7 Leave Accruals An employee shall not accrue vacation or sick leave credits during a pay period if off without pay for more than 40 hours during said pay period . SECTION 10: COMPENSATION FOR SERVICES 10.1 Salary Range a. Monthly salary ranges as listed on Exhibit 2 will apply for each classification effective at the beginning of the pay period in which July 1 occurs unless otherwise noted below. b. Effective the first full pay period after Union ratification and adoption by the City Council of this successor MOU , a 3.5 % salary increase will be added to the salary range of each classification in this bargaining unit. c. Effective the first full pay period in July 2017, a 3 .25% salary increase will be added to the salary range of each classification in this bargaining unit. d. Effective the first full pay period in July 2018, a 2 .50% salary increase will be added to the salary range of each classification in this bargaining unit. e. In addition, total compensation equity adjustments as identified in the City's 2016 total compensation survey shall occur as follows: 1. Effective the first full pay period after Union ratification and adoption by the City Council of this MOU , the salary range for the classification of the Street Lighting Worker shall be increased by 5.6%. f. Differentials as listed on Exhibit 1 will apply for each classification working in the Weekend Work Furlough_Program . 12 10.2 Bilingual Pay Differential An employee who speaks another language other than English while performing their assigned duties involving contact with members of the community and who passes the required language proficiency test(s), will be eligible to receive a 7 .5% bilingual pay differential only for the work time during which the employee uses bilingual skills. For payroll reporting purposes, the 7.5 % bilingual pay differential will be recorded with a 15 minute minimum . In order to be eligible for Bilingual Pay, the Department Head must certify that the employee has a need to use his/her bilingual skills in communicating with members of the community. 10.3 Acting Pay/Out-of-Class 10 .3.1 Acting Pay 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 cl ass , whichever is greater, for the number of hours so assigned. In order to qualify for Acting Pay, an emplo yee shall work a minimum of eight (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 w1iting by the Supervisor or Assistant Director of Public Works. 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. 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 $300.00 per 128 hours so assigned during the term of this agreement. Minimum manning and skill qualifications for standby assignment shall be determined by the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified emplo yees who reside in an area that provides a response time of 30 minutes or less. 13 10.5 Callback Pay If an y employee is called or required to report for assigned emergency or other duties during the period of the close of the regular work day and the start of the next following work day, compensation shall be paid at one and one-half (1 1/2) times the nonnal rate of the period the employee is required to be available at the work station , and for trav el time in connection therewith to and from the employee's customary residence at one and one-half (1 1/2) times. Under such circumstances a minimum payment will be made equivalent to two hours at one and one-half (1 1/2) times the no1mal rate of pay. 10. 6 Mileage Reimbursement Employees who are required to use their personal vehicles for City Business shall be reimbursed for such use at the rate established by the IRS. 10. 7 Probationary Period/Salary Ad v ancement 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 (sati sfactory evaluation) and are scheduled annually thereafter. 10. 8 Special Skills Compensation A wide variety of work, requiring specialized skills , is completed by employees of the Service Yard. Position classifications require experience and ce1iification commensurate to the skills required in each separate Division. The following establishes certification, experience and additional compensation for eligible employees . Certifications not listed here, but required of the job specifications , ar e considered incidental and not eligible for special skill compensation. Special Skills Title Job related Experience % Over Base Certification Needed Salary Needed Environmental Compliance -Stormwater Certified Erosion , 2 yrs @ 7 .5 % Sediment, and MWII Storm Water Inspector in training (CESSWI -IT) certificate (full stature CESSWI desired)_as issued by the Envirocert International. 14 CmTent primary employee assigned these special skills as of June 30 , 2013 is grandfathered in. All other Employees shall have one year from the initial appointment to obtain the CESSWI-IT certificate while performing this special skill. Env ironmental Compliance -Materials Attainment of: 2 yrs @ 7.5% MWII -Hazwoper Operations Lev el -California underground Storage Tank System Operator -Title 22 Hazardous Waste Management/DOT training. -Certification of achievement in Environmental Compliance & Pollution Prevention with a minimum of 26 units completed desired 15 Concrete/Asphalt -Certified Public 2 yrs @ 7.5 % Infrastructure MWII Inspector certificate as issued by the American Public Works Association desired -Current primary employee assigned these special skills as of June 30, 2013 is grandfathered in . All other emplo yees shall have one year from the initial appointment to o btain the Certified Public Infrastructure certificate whil e performing this special skill. Welding American 7 .5% Welding Society Certificate or equiv alent certificate. Spraying Qualified 7.5 % Applicator Certificate categori es B , C or F 16 Class B License CA Class B 7.5% Drivers License Back Flow Backflow 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 skill pay, experience and certificates must be current, with written documentation on file with the Human Resources Department. Special skill compensation shall be determined and approved in advance by the Supervisor in writing. 10.9 Flexible Staffing -Maintenance Worker I/II An employee shall be eligible to advance from Maintenance Worker I (MWI) to Maintenance Worker II (MWII) after three years of better than satisfactory service as a Maintenance Worker I with the City of Cupertino or the equivalent, with the recommendation of the Department Head and when all MWII job specification requirements are met. SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION A. Employees hired on or before December 29 , 2012 Only. For employees hired by the City of Cupertino on or before December 29, 2012, the City has contracted with CalPERS for a 2 .7% @ 55 retirement fonnula. Effective the first full pay period after Union ratification and adoption of this MOU by the City Council, the City agrees to pay the employee's contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed . 75% of applicable salary and each employee agrees to pay 7 .25% of applicable salary. Effective in the first full pay period in July 2017 , each employee shall pay the full 8.0% of applicable salary of the employee's contribution towards CalPERS. B . For Employees hired by the City of Cupertino on December 30, 2012 or on December 31 , 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only 17 For employees hired b y the City of Cupe1iino on December 30 , 2012 or on December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2 .0%@ 60 retirement formula based on a three year average compensation. Effective the first full pay period after Union ratification and adoption of this MOU by the City Council , the City shall not pay the employee's conttibution rate to the California Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of applicable salary of the employee's contribution towards CalPERS. C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as Classic members Only . For new employees hired by the City of Cupertino on or after January 1, 2013 and who do not qualify as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62 formula, based on a three year average compensation. Employees in this category shall pay 50% of the normal cost rate as determined by CalPERS. SECTION 12 : HEALTH AND WELFARE BENEFITS The City agrees to make available a plan of comprehensive health and welfare benefits for eligible employees , as well as those provided by the Operating Engineers Health and Welfare Trust Fund for Northern California. Any such benefits program must have the continued approval of the Board of Administration, Public Employees Retirement System. For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement. October 1, 2016 to City Max Health City Max Dental City Total Max December 31 , 2017 Contribution Contribution* Conttibution Employee 733.39 134 .85 868 .24 Employee +1 1246.59 134 .85 1381.44 Employee +2 1620.57 134.85 1755.42 January 1, 2018 City Max Health City Max Dental City Total Max Contribution Contribution Contribution Employee 769.95 134 .8 5 904.80 Employee +1 1308.92 134.85 1443 .77 Employee +2 1701.60 134.85 1836.45 January 1, 2019 City Max Health City Max Dental City Total Max Contribution Contribution Contribution Employee 808.45 134 .85 943.30 Employee +1 1374 .37 134.85 1509.22 Employee +2 1786.68 134.85 1921.53 18 Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. The City will no longer pay medical insurance cash back ( excess of the monthly premium less the cost of the medical coverage) for any employees. Effective July 1, 2010 , employees that retire or resign from service with the City of Cupertino and who are not eligible for retiree medical benefits , as defined in the summary of benefits , can continue on the Cupertino medical and dental plans provided that they pay the premiums in full. *Dental Coverage: Effective the first month after OE3 ratification and Council adoption of MOU , dental coverage is capped at $2 ,500 .00 per dependent per annual plan year for the term of this contract. SECTION 13: INSURANCE 13 .1 Long Term Disability The City shall provide Long Tenn Disability (LTD) insurance for employees . LTD income protection coverage shall be up to $7,000 of covered monthly salary. Employees may use sick leave and/or vac ation leave to supplement lost salary during the 60 day elimination period. 13.2 Life Insurance The City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of five times the annual salary to a maximum benefit of $250 ,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 13.3 Vision Care Insurance The City provides Vision Care Insurance for employees and their dependents at a cost of $14.94 monthly. SECTION 14: PAID ABSENCES 14.1 Fixed Holidays The City provides the following fixed paid holidays for eligible employees covered by this agreement: 1. New Year's Day 2. Martin Luther King Day 3. Presidents' Day 4. Memorial Day 5. Independence Day 6 . Labor Day 7. Veteran's Day 19 8. Thanksgiving Day 9. Day Following Thanksgiving 10. Christmas Eve 11. Christmas Day 12. New Year's Eve When a holiday falls on a Sunday, the following Monday shall be observed as the non- work day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non- work day. Nothing contained herein shall preclude the right of the Department Head, with the approval of the appointing authority, to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 14.1.1 Holiday Pay In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be perfonned on the regular scheduled day before and the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. 14.2 Floating 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 work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits during the calendar year. Accrued vacation may be taken with prior supervisory approval. Upon tennination 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. 20 3. Minimum exchange will be 8 hours; maximum exchange will be 80 hours. 4. All changes are irrevocable. 14.3 .1 Vacation Accrual Rate Benefited full-time employees accrue vacation in accordance with the following schedule. Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. Service Time Annual Accruals Maximum Accrual 0 -3 Years 80 Hours 160 Hours 4 -9 Years 120 Hours 240 Hours 10 -14 Years 160 Hours 272 Hours 15 -19 Years 176 Hours 320 Hours 20 + Years 192 Hours 352 Hours An employee may accrue no more vacation credit than what is listed above. 14.3.2 Full vacation leave shall be taken at one time by any one employee whenever po ssi ble. Vacation requests must be approved by employee supervisor in advance in writing. The time during the calendar year at which an employee shall take his/her vacation shall be 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 tennination of employment or on receiving a leave of absence of more than three (3) months, an employee who has completed 12 months of continuous service with the City shall be entitled to receive compensation for all earned but unused vacation accrued at the time of termination or at the start of said leave of absence. 14.3.4 The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1 /2) time shall be prorated according to the time of the recurring work assignment as to the normal work week . 14.4 Sick Leave All full time employees hired before October 17 , 2012, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. All employees hired on or after October 17, 2012 shall earn eight (8) hours per month sick leave time, but may accrue no more than 240 hours of sick leave time. Those regular employees working less than full time (at least 20 hours per week) shall earn a prorated amount of sick leave based on their regular hours worked in relation to 40 hours. Employees absent without pay for any reason for more than forty ( 40) hours during a calendar month shall not earn sick leave benefits for that month. Sick leave may be utilized due to the 21 employee's personal illness , pregnancy disability or sickness or injury to the immediate family as defined below. With proper notice and supervisory approval, except in a case ofbon-a-fide injury or illness and /or unforeseen emergency, sick leave shall be taken in periods of no less than one-half (1 /2) hour increments. The employee's immediate family consists of any of the following: Children, step-children, spouse/domestic partner, parents, mother-in-law, father -in -law, siblings, grandchildren and grandparents who because of illness cannot care for themselves , and for medical emergencies. Employees shall , whenever possible, make appointments for medical, dental and similar purposes during non-work hours. If this is not possible, sick leave may be used for these purposes. An employee hired on or after October 17, 2012 may borrow up to 40 hours of sick leave, subject to Depaiiment Head approval for sick time related to an industrial disability. The employee will be required to repay this advance either in sick or vacation leave hours or dollars , at the employee 's option, upon returning to work as defined in the sick leave advance policy. If an employee separates employment prior to repayment of the full balance due, the amount due will be deducted from their final pay. 14. 5 Sick Leave Verification A Department Head or supervisor may require employees to furnish reasonable acceptable evid ence , including a doctor 's certificate, to substantiate a request for sick lea ve if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's certificate or other form of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse 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 up to 24 hours upon the death of a close relative. Close relatives are defined as mother, father , sister, brother, wife, husband , domestic partner, child , step -child , grandparent, grandchildren, mother-in-law , father-in -law , step father , step mother, step brother and step sister. Additional bereavement leave of up to 16 hours will be granted for travel out-of-state or over 200 miles. 14.8 Military Leave 22 Military leave shall be granted in accordance with the prov1s1ons of state law. All employees entitled to military leave shall give their supervisor an opportunity, within the limits of military requirements, to detennine when such leave shall be taken. 14. 9 Pregnancy Disability Leave: An employee disabled by pregnancy is eligible for up to four months of unpaid pregnancy disability leave (PDL) as defined by law. This leave is to be used when the employee is disabled due to pregnancy or child birth or related medical condition, including but not limited to , morning sickness, pregnancy complications and prenatal appointments. Accrued sick leave may be used during the leave, and the employee has the option to use accrued vacation, floating holidays and/or compensatory time in order to receive pay during the leave. If the employee is also eligible for leave under the Federal Family Medical Leave Act (FMLA), the leave the employee takes for pregnancy disability will be run concurrently with the employee's entitlement to up to 12 weeks of FMLA leave. Employees otherwise eligible for health insurance benefits (medical, dental and vision) will continue to receive such benefits during the period of the PDL leave up to four months as defined by law per 12 month period. After PDL and FMLA leave, if applicable, expires and if the employee is on unpaid status or the employee has less than 20 hours per week on their timesheet, the employee may elect to continue and enroll in COBRA benefits at emp lo yee's expense. The employee will be accruing sick leave, floating holiday and vacation leave during the period of time, if any, the employee is in paid status. Any time the employee's hours adjust to less than 40 hours per week, however of paid status, the employee's accrual rates (sick leave, vacation leave, floating holiday) will be prorated and be adjusted accordingly. Sick leave, floating holiday and vacation leave do not continue to accrue during any period the employee is on unpaid status. Under the California Family rights Act (CFRA) eligible employees are entitled up to 12 additional weeks ofleave to bond with the baby. To be eligible for the CFRA bonding leave, employee must be employed by the City for at least one year and have worked at least 1250 hours during the year preceding the leave. The leave is unpaid , but the employee may use floating holiday, compensatory time and vacation leave in order to receive pay during the leave. The employee may use sick leave for a baby's illness or doctor 's appointment when applicable to receive pay during the leave. Bonding leave must be used within one year of the birth of the baby. An employee who plans to take PDL must give reasonable notice (not less than 4 weeks if anticipated or as soon as possible if the leave is unforeseen) before the date employee expects to take the leave. As with all other employees returning from medical leave, employees returning from PDL leave of at least 3 days are required to provide a doctor's note clearing them to return to work. If an employee requires reasonable accommodations as a result of pregnancy, employee should consult with Human Resources. Employees disabled by pregnancy and employees on leave to bond with a baby may be eligible for benefits under State Disability Insurance. Additional information is available at www.edd .ca.gov/Disabililty and from Human Resources. 14.10 Adoption Leave; 23 Upon request, a leave of absence without pay for up to four ( 4) work weeks will be granted to adoptive parents. Such leave must be used within one year of the adoption. The city will pay health and welfare benefits for the duration of the leave as the same rate as p1ior to the leave consistent with the cont1ibutions as provided for under the existing MOU. If the employee is eligible for FMLA/CFRA ( employed by the city for at least one year and worked at least 1250 hours during the year preceding the leave), employee may be eligible for up to 12 work weeks total (the above four ( 4) work weeks plus an additional eight (8) work weeks) for bonding with the adopted child during the first year after adoption. The employee may be eligible for health benefits during the twelve (12) work week pe1iod at the same rate as prior to the leave as provided for under the existing MOU. During adoption leave, accrued vacation may be used by the employee at his or her option in order to receive pay for the leave. Sick leave may only be used during the leave in the event of illness or medical appointments of the adoptive child during the leave. 14.11 Absence Notification An employee is expected not to absent herself/himself from work for any reason, other than personal illness, without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who , for any reason , fails to report for work must make a sincere effort to immediately notify his/her supervisor or office personnel of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify by personal phone call the supervisor or office personnel on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal by the Department Head. In the absence of such disciplinary action, any employee who absents herself/himself for three (3) days or more without authorized leave shall be deemed to have resigned . Such absence may be covered, however, by the Department Head by a following grant of leave with or without pay when extenuating circumstances are found to have existed . 14.12 Catastrophic Leave The City's catastrophic leave committee will establish a definition of catastrophic or life- threatening illness. This 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 (CTO) hours are the only leave of absence credits which may be donated in any pay period. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours. Upon 24 retirement or resignation, an employee can contlibute up to 10 hours of sick leave provided that the employee has a minimum of 320 hours of sick leave, which has previously become vested. All benefited employees with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their representative must complete a prescribed application fonn 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 amount is two months (LTD becomes available at this time). 14.13 Family Medical Leave Act/California Family Rights Act The City of Cupertino shall comply with the leave provisions of the Family Medical Leave Act and the California Family Rights Act for employees who qualify for leave under these laws. SECTION 15: SICK LEAVE CONVERSION 15.1 Sick Leave is not vested under California statutory law. 15.2 At the time oftennination, the value of non-vested hours is converted to an incenti ve compensation bank equal to the employee's base hourly rate. J 5.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for up to eighty-five percent (85%) of the value of the incentive compensation bank. 15.4 If upon resignation an employee has a minimum of 320 non-vested hours , payment shall be made for up to seventy percent (70%) of the value of the incentive compensation bank. 15. 4 . a. Employees shall have the option of cashing out sick leave in accordance with Section 15 -Sick Leave Conversion. Any employee who is retiring will have the option of applying any remaining sick leave to service credit. If an employee is resigning, he/she will not have the option of applying sick leave hours to service credit. 15.5 Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick leave for four hours of vacation . An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half ( 1/2) of vacation accrued during the previous twelve (12) months. Such conversions, either to exchange sick leave for vacation or vice versa, shall be subject to the following conditions: 25 a . All requests to exchange sick leave for vacation time shall be submitted in writing to the Department Head at least 14 calendar day s in advance of intended vacation utilization. b . The granting of such exchange and subsequent use will be at the discretion of the D epartment Head. c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one w1itten request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time . d . If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis . Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re-conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented. SECTION 16: SAFETY EQUIPMENT The City will pay on an annual basis the following amount to employees for the purchase of steel toed safety shoes and rain gear during the term of this agreement: July 1, 2013 -$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 tasks. The city will provide to the employee the following: hard hat, safety glasses , ear protection, gloves , chain saw slip-on foot protection for employees who operate chain saws, orange safety tee shirts and/or uniform shirts (11), sweatshirts, safety jacket (1 jacket every other year), and rain boots. The city will continue to provide and launder shirts or overalls , which shall be worn while carrying out the duties of the city. It is the responsibility of the employee to have the required clothing and/or safety equipment needed for the tasks assigned. If an employee should be at work without the required clothing and/or safety equipment, that employee will not be paid until he/she is at the worksite with the required clothing and/or safety equipment. 26 Hard hats must be worn when work performed by an employee is equal to , or above his/her eye level. Steel toed safety shoes must be worn at all times during the workday . For new employees , the safety and equipment allowance will be prorated from the date of employment through the end of the fiscal year in which appointed (June 30). The City will pay for prescription safety glasses for those employees needing such protection. The parties agree to discuss the safety equipment requirements during the first year of this contract at the regular Labor Management meetings in an effort to arrive at a mutually agreeable list of equipment purchases and maintenance. SECTION 17: CITY SPONSORED RECREATION PROGRAMS AND WELLNESS PROGRAM 17.1 City Sponsored Recreation Program 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 for the employee and family members on the employee's health plan dependents are eligible to receive up $400 per employee in Rec Bucks 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-time benefited employees will have the annual amount of Recreation Bucks prorated based on number of hours worked. Recreation Bucks must be used by the employee within two years of the issuance date and are non- transferrable. 17.2 City Sponsored Wellness Program City employees are eligible to participate in the City's wellness program as provided for in the City's Administrative Manual. SECTION 18: TRAINING AND TUITION REIMBURSEMENT It is the intent of the City to recognize the value of training to its employees and to adopt a training policy which will encourage employees to avail themselves of educational_opportunities . that will advance their knowledge and interests in the direction of their career with the City and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for City job related training program costs shall provide a written request for reimbursement to their i1runediate supervisor. The request shall include the type of program , spons01ing organization or instih1tion, meeting times and costs for such program . 27 A copy of the supervisor 's and superintendent's reco1runendation to the Department Head shall also be provided to the employee . The employee will initial supervisor's comments and the superintendent's recommendation prior to going to the Department Head for approval or denial. Once a training program has been approved , any employee covered by this agreement will be eligible for reimbursement of up to $1 ,350 per calendar year for tuition and books for training and education. Howev er, an employee shall not receive any reimbursement until providing satisfactory proof of successful completion of the training program. 18.1 Service Center Safety/Training Committee The City and the Union agree to form a committee to jointly develop a safety/training program. The committee shall meet monthly and will be responsible for the review , discussion, and recommendations of all matters concerning safety and health, including but not limited to accident investigations , safety surveys, job site inspections, safety audits , training and emergency response roles. The committee shall work to problem solve and formulate recommendations to the appropriate divisions within the Service Center. Minutes of the meetings shall be taken and will be distributed to all Service Center employees and posted in a conspicuous location(s). The City shall have two members and the Union shall have one member, to be elected by the membership , from each Service Center division. The City and the Union are committed to a safe working environment , and in pursuit of this shared commitment both sides agree to look at the benefits of implementing a Safety Recognition Program. This effmi shall be assumed by the Service Center Safety/Training Committee. Any agreement shall be by consensus between City and Union . 18.2 Labor/Management Committee The parties agree that regular meetings to explore mutual concerns will be beneficial to the relationship between the City and the Union. To promote a problem-solving approach, the parties agree that decision making shall be cooperative. Consequently the parties agree to meet monthly to discuss any issue concerning the rights of either party or the relationship between the City and the Union or the City and employees the Union represents. The purpose of the meetings is to exchange information and to solve problems or issues . If the issue is not resolved , it may be placed on the agenda for the next quarterly labor management meeting. The parties may mutually agree to meet less than monthly. The parties agree that such meetings shall not be negotiations and therefore the results of the meetings shall not be binding on the parties. These meetings are not to act as a substitute for the roles and responsibilities of either a shop steward or other job classifications. The Union shall elect one representative from each division and management may have an equal number of p articipants on the committee. SECTION 19: PERFORMANCE EV ALUA TIO NS 28 The purpose of perfonnance 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 acknowledge the problems in informal or documented oral counseling sessions in a confidential setting. It is not in either the City's or the employee's interest to have the feedback delayed until the time of the annual performance evaluation. Annual performance evaluations will occur no later than 30 days after the due date as set by Human Resources . Division Maintenance Worker IIl(s) should provide input in conjunction with the employee evaluation process. SECTION 20: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of, or in the course of, the performance of his job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability payments as prescribed by state law. 20.1 Use of Sick Leave to Supplement Temporary Disability 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 b y 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 21: DISCIPLINARY ACTION The City has a policy of progressive discipline . When the need for discipline arises, the minimum disciplinary action will be taken commensurate with the seriousness of the offense which has resulted in such discipline. The severity of the discipline will increase if corrective action is not taken. The first and /or most modest step of progressive discipline in the case of minor breaches of the rules , regulations or policy is a verbal warning by the supervisor in charge. If the breach continues, or the offense is more than minor, in the judgment of the supervisor, the employee shall be notified through the issuance of an 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 te1mination. 29 Written reprimands shall be destroyed after three (3) years provided the offense has not re- occun-ed. When the disciplinary action recommended by the supervisor, and with the concun-ence of . the Supe1intendent, would impact "property rights" of the employee as defined by the courts of California, it shall be refen-ed to the Director of Public Works. A written notice from the Director of Public Works to the employee and the Union at least ten (10) working days prior to any action, shall state the proposed disciplinary action. The notice shall also contain: a. effective date and time of the proposed action b. the alleged reason for the proposed action c. the acts or omission which support the allegation d. the materials upon which the allegation(s) are based and access to any other related items e. a "Skelly" pre-disciplinary statement as to the rights of the employee to respond either orally or in writing to the Director of Public Works prior to the effective date of the proposed action; and the employee's right of appeal f. a statement that the action will become final if the employee fails to respond to the notice within the specified time It is understood that an employee's request for a Skelly meeting will postpone the effective date of action until the Skelly has been heard and the City has responded to issues raised in the Skelly meeting. In this case the effective date will be ten (10) working days from the Director 's response. SECTION 22: LAYOFF PROCEDURE The appointing authority may layoff employees for lack of funds, lack of work or for other similar and just cause. The appointing authority will identify the classification(s) subject to layoff. For purposes of this Section, Maintenance Worker I and Maintenance Worker II shall be considered the same classification. Part-time employees shall be released from City service prior to any layoff of regular, full -time employees in the same classification . Employees in a classification(s) identified for layoff shall be laid off in reverse order of seniority, based on the date of the appointment to the classification. If an employee separates from City employment for a period of more than 30 days , the time off from City employment shall be deducted from an employee's length of service for the purpose of determining seniority. Employees being laid off shall be entitled to placement in a lower classification; provided (a) the employee was previously employed with regular status having completed the probationary period in that lower classification and (b) the employee has more total seniority with the City than an individual in the lower classification. Any employee being displaced by an employee opting to be placed in a lower classification shall be entitled to placement in the lower classification, subject to conditions (a) and (b) listed in this section . 30 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 lower classification pursuant to this section. Medical , dental , vision, and life insurance continue through the end of the month in which the layoff is effective. In addition, the employee w ill be provided with an opportunity to elect to enro ll 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 mail to the address of the employee on file with the City. The affected employees shall be responsible for updating the City of any change in address during the time they are on the recall list. SECTION 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 a ll purposes, shall be considered as though they had received an original appointment. SECTION 24: GRIEVANCE PROCEDURE Definition and Procedure: a grievance is a dispute or difference of opinion raised by an employee against the City involving the meaning, interpretation or application of the express provisions of this Agreement or the Rules on Conditions of Employment or existing work rules. A grievance shall be processed in the following manner: Step 1: Any employee who has a grievance shall submit it designated as a grievance to the employee's immediate supervisor within ten (10) business days of the occurrence of the dispute, who is designated for this purpose by the City. The supervisor shall give the employee an oral answer within ten (10) business days after such presentation. Step 2: If the grievance is not settled in Step 1 and the employee wishes to advance the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's next highest supervisor within ten (10) business days after the supervisor's oral answer, or answer due in Step 1, and shall be signed by both the aggrieved emplo yee 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 mies which the City is alleged to have violated and the relief requested. The supervisor or other person designated for this purpose shall discuss the grievance within ten (10) business days with the employee and the Union Representative at a time mutually agreeable to the parties. If no settlement is reached , the 31 supervisor or other person designated for this purpose shall provide the employee a written answer within ten (1 O)_business days following their meeting. Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure , it shall be referred in writing to the employee's Department Head within ten (10) business days after the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The Department Head shall discuss the grievance within ten (10) business days with the employee and the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the Department Head shall give the City's written answer to the employee within ten (10) business days following their meeting. Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the grievance to Step 4 of the giievance procedure, the Union may refer the grievance to advisory mediation as described below within fourteen (14) business days after the decision is provided at the third step. 1) The parties shall attempt to agree upon an advisory arbitrator within seven (7) business days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said seven (7) business day period, the parties shall immediately jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each paiiy retains th e 1ight to reject one panel in its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike two (2) names from the panel. The person remaining shall be the advisory arbitrator. 2) The advisory arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. 3) The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. 4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) calendar 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 writing. 6) The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the Union; pro vided , however, that each party shall be responsible for compensating its own representatives and witnesses. Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the pro visions 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 32 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, shall apply in the event the parties are unable to resolve and impasse satisfactorily: 25.1 Impasse A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. Any party may initiate the impasse procedure by filing , with the other party (or parties) affected, a written declaration of impasse. Once a party has initiated the impasse procedure, the parties shall comply with the requirements of California Government Code sections 3505.2 , 3505.4, 3505.5 , 3505. 7, as well as any other applicable sections of the California Government Code and applicable PERB regulations. B. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable accordance with the California Government Code sections 3505.2, 3505.5 , and any applicable regulations. SECTION 26: SEP ARABILITY 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 subject set f01ih , then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 27: RATIFICATION Nothing contained in this agreement shall be binding upon either the City or the Union following signing of this agreement by the parties until it has been ratified by the Union's membership and presented and approved by the City Council of the City. SECTION 28: TERM This agreement shall be effective commencing at 12:01 a.m. July 1, 2016 and ending at 11:59 p .m. on June 30 , 2019. 33 OPERATING ENGINEERS LOCAL UNION No. 3 Ke~ M~ Isaac Preciado 34 David Brandt ~kc-~ ·stina Alfaro R~~~ C ·s Mertens ~tf@~ Karen Guerin Exhibit 1 Weekend Work Furlough Program Purpose: To provide a public service for local government through the availability of individuals in a sentencing alternative program, to perform clean-up type duties. Affected Employees: 1. All permanent employees hired on or after January 1, 2006 may be required to participate in the Weekend Work Furlough Program (WWFP). 2. Participation by employees hired prior to January 1, 2006 will be on a voluntary basis. 3. Seniority for employees hired on the same day 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 WWFP. 2. Assistant Crew Leader will be assigned as necessary to the WWFP. 3. WWFP Responsible are periodically assigned participants under the general supervision of the WWFP Lead/ Assistant Lead . 4. Employees will be provided ten (10) calendar days notice prior to permanent assignment with theWWFP. 5. With the exception of volunteers , employees with the least seniority who have received WWFP training will be assigned within 30 days of the completion of training to participate as staffing is required. Compensation: 1. Administrative Crew Leader -10% above base pay. 2. Assistant Crew Leader 7.5% above base pay. 3. WWFP_Responsible-5% above base pay. 4. Meal Periods are paid for the Administrative Crew Leader and Assistant Crew Leader. Responsibility: The following responsibilities/tasks are assigned to participants in the WWFP. 1. Administrative Crew Leader a. Knowledge of WWFP policies, rules , and regulations. b. Daily administrative of the WWFP. c. Assignment of inmates consistent with direction of the responsible Public Works Supervisor. d. Conduct an 8:00 a.m. roll call at the beginning of each day . 35 e . Notify WWFP if a participant does not anive on time. f. Assign tools and safety equipment to participants . g. Supervise participants consistent with the provisions of the "Satellite Crew Supervisor Manual". h. Conduct a 4:00 p.m. roll call at the end of each day. An Administrative Crew Leader will not perform manual work that will distract from fully monitoring the WWFP crew. 2. Assistant Crew Leader a. Knowledge of WWFP policies, rules, and regulations. Supervise participants consistent with the provisions of the "Satellite Crew Supervisor Manual". b. Contact the Administrative Crew Leader concerning WWFP issues . c. Lock and secure Corporation Yard at the end of the day. An Assistant Crew Leader will not perfonn manual work that will distract from fully monitoring the WWFP crew. 3. WWFP Responsible a. Knowledge of WWFP policies , rules and regulations. b. Supervise participants consistent with the provisions of the "Satellite Crew Supervisor Manual ". c . Contact the Elmwood Lead/ Assistant Lead concerning WWFP issues. d. Not eligible for additional special skills incentive pay (unless Class B license). A WWFP Responsible will perform manual work, provided that the WWFP crew is fully monitored. Operation of Van The Administrative Crew Leader and the Assistant Crew Leader shall have a minimum of a class C license and possess evidence of a medical examination required for class B license when operating the van. Additionally, each shall keep in the vans a statement, signed under penalty of perjury that he/she has not been convicted of reckless driving, drunk driving or hit-and run offense in the last five years in confo1mance with the California Vehicle Code Requirements. Employees shall notify City immediately upon loss of a class C or other drivers license required to operate a City vehicle required by employee and shall not operate any City vehicle until proof of reinstatement of license is provided to the City. Liability: An employee assigned to WWFP is covered for liability purposes by the City of Cupertino while perfonning duties within the scope of his/her job. 36 EXHIBIT 2: HOURLY SALARY RANGES WHICH INCLUDES SALARY AND EQUITY ADJUSTMENTS S I EU . 0 t b 1 2016 a ary ective co er , Classification Step 1 Step 2 Step 3 Step 4 EQUIPMENT MECHANIC $33.17 $34.83 $36.57 $38.40 LEAD EQUIPMENT MECHANIC $36.57 $38.40 $40.32 $42.33 MAINTENANCE WORKER I $24.83 $26.07 $27.38 $28.75 MAINTENANCE WORKER II $28.75 $30.18 $31.70 $33.28 MAINTENANCE LEAD $33.28 $34.97 $36.71 $38.56 STREET LIGHT WORKER $34.21 $35 .92 $37.72 $39.60 S I EU . F. F II P P . d . J I 2017 a ary ect1ve IrSt u ay eno Ill UIY Classification Step 1 Step 2 Step 3 Step 4 EQUIPMENT MECHANIC $34.25 $3 5.96 $37.76 $39.65 LEAD EQUIPMENT MECHANIC $37.76 $39.6 5 $4 1.63 $43.71 MAINTENANCE WORKER I $25.64 $26 .92 $28 .2 7 $29 .6 8 MAINTENANCE WORKER II $29.68 $31.17 $32.73 $34.36 MAINTENANCE LEAD $34.36 $36.10 $37.90 $39 .82 STREET LIGHT WORKER $35.32 $37.09 $38.94 $40 .89 S I EU f F. t F II P P . d . J I 2018 a ary ec 1ve IrS u ay eno m uty Classification Step 1 Step 2 Step 3 Step 4 EQUIPMENT MECHANIC $35.10 $36.86 $38.70 $40.64 LEAD EQUIPMENT MECHANIC $38.70 $40.64 $42.67 $44.80 MAINTENANCE WORKER I $26.28 $27.59 $28.97 $30.42 MAINTENANCE WORKER II $30.43 $31.94 $33.55 $35.22 MAINTENANCE LEAD $35.22 $37.00 $38.85 $40.81 STREET LIGHT WORKER $36.20 $38.01 $39.92 $41.91 37 Step 5 $40.32 $44.45 $30.18 $34.97 $40.49 $41.58 Step 5 $41.63 $45.90 $31.17 $36.10 $4 1.81 $42.93 Step 5 $42.67 $47.04 $31.94 $37.00 $42.85 $44.01