HomeMy WebLinkAboutMOU - Public Works - 1977-1979 CITY OF ARCADIA
AND
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES AFL-CIO
LOCAL 2264
MEMORANDUM OF UNDERSTANDING
JULY 1, 1977 - JUNE 30, 1979
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CONTENTS
Page
Section I Parties and Recognition 1
Appropriate Unit
Mutual Recommendation
Section II Terms 2
Savings Clause
Section III Union Rights
A. Right to Join 3
B. Use of Bulletin Boards 3
C. Payroll Deduction 3
D. Access to Facilities 4
E. Union Stewards 4
Section IV Management Rights 6
Section V Compensation 7
Section VI Overtime 8
Section VII Stability Pay 9
Section VIII Educational Bonus and 10
Tuition Reimbursement
Section IX Mileage Reimbursement 11
Section X Health and Life Insurance 12
Section XI Disability Income Insurance 13
Section XII Dental Insurance 14
Section XIII Medical Examinations 15
Section XIV Uniforms 16
Section XV Leaves
A. Provided For 17
B. Power to Grant Leaves
C. Military Leave 18
D. Vacation Leave 19
E. Sick Leave 20
F. Workers' Compensation 21
G. Holidays
H. Jury Leave 22
I. Witness Leave
J. Unauthorized Absence
Section XVI Probationary Period 23
Section XVII Employee Complaints 24
and Grievances
A. Procedure
B. General Provisions 26
C. Definitions
Section XVII Full Understanding Execution 28
of Agreement
k Section I
PARTIES AND RECOGNITION
This Memorandum of Understanding is made and entered
into between the management representatives of the
City of Arcadia, hereinafter referred to as the "City,"
and representatives of the American Federation of State,
County and Municipal Employees, AFL-CIO, Local 2264,
a formally recognized employee organization, herein-
after referred to as "union," pursuant to the pro-
visions of the Myers-Milias-Brown Act (Government
Code Sections 3500 et. seg. ) .
APPROPRIATE UNIT
The classifications covered by this agreement are:
Maintenance Man General Repairman
Public Works Foreman Sweeper Operator
Equipment Operator Traffic Painter
Pumping Plant Operator Service Man
Water Foreman Pump Mechanic
Store Keeper Equipment Mechanic
MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a
mutual recommendation to be presented to the
City Council , City of Arcadia for determination.
APPROVED
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z , Section II
A. TERMS
The parties have met and conferred in good faith
regarding wages, hours and other terms and condi-
tions of employment and it is mutually agreed that
this Memorandum of Understanding shall be effec-
tive for the period beginning July 1, 1977 and
ending June 30, 1979.
B. SAVINGS CLAUSE
If any provision or the application of any pro-
vision of this agreement as implemented should
be rendered or declared invalid by any final
court action or decree or by reasons of any pre-
emptive legislation, the remaining Sections of
this agreement shall remain in full force and
effect for the duration of said agreement.
APPROVED
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:• Section I.II
UNION RIGHTS
A. RIGHT TO JOIN
The City and the union recognize the right of the
employees to form, join and participate in lawful
activities of employee organizations and the equal
alternative right of employees to refuse to join
or participate in employee organization activities.
B. USE OF BULLETIN BOARDS
The City shall provide for the union's use desig-
nated bulletin boards where employees in the bar-
gaining unit have access during regular business
hours subject to the following conditions:
a) All postings for bulletin boards must contain
the date of posting and the identification of the
organization and b) the union will not post infor-
mation which is defamatory, derogatory or obscene
subject to the immediate removal of the right to
post for a period not to exceed 90 days.
C. PAYROLL DEDUCTION
The City will deduct from the pay of union members
the normal and regular monthly union membership
dues as voluntarily authorized in writing by the
employee on the City form subject to the following
conditions:
1. Such deduction shall be made only upon
submission of the City form to the desig-
nated City representative. Said form
shall be duly completed and signed by the
employee.
2. The City shall not be obligated to put
into effect any new, changed or discon-
tinued deduction until the pay period
commencing fifteen days or longer after
such submission.
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D. ACCESS TO FACILITIES
All union business will be conducted by employees
and union representatives outside of established
work hours.
Nothing herein shall be construed to prevent a
union representative or an employee from con-
tacting the Personnel Director or other manage-
ment representatives regarding personnel related
matters during work hours.
The authorized Union Business Agent shall be given
access to work locations during working hours pro-
vided that prior to visiting any work location the
Union representative shall :
1. Contact the Personnel Director or his
designate, to state the purpose of his
visit and which location he will be
visiting, and
2. The Personnel Director or designate
determines that such visit shall not
interfere with the operations of the
department.
In the event the requested time and/or location of
such visit by the Union Business Agent is denied
-- becuase it would interfere with the operations
of the department, the Personnel Director or his
designate shall set an alternative time and/or
location for such visit within 72 hours.
E. UNION STEWARDS
Two (2) shop stewards shall be selected in such manner
as the union may determine.
The union shall notify the employer in writing of the
names of the two (2) stewards who are authorized to
represent employees in the bargaining unit.
F. REASONABLE NOTICE
It is mutually understood and agreed that a copy (via
the United States Postal Service) of the City Council
and/or Personnel Board agenda for each meeting mailed
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to two authorized representatives of the Union
shall constitute reasonable written notice of
any opportunity to meet with such agencies on
all matters within the scope of representation
upon which the City Council or Personnel Board
may act. The Union shall provide the Personnel
Director with the name and addresses of the two
authorized representatives within five days of
the effective date of this agreement.
APPROVED
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Section IV
MANAGEMENT RIGHTS
Except as limited by the specific and express terms
of this agreement, the City hereby retains and re-
serves unto itself all rights, powers, authority,
duty and responsibilities confirmed on and vested
in it by the laws and the constitution of the
State of California, the Charter of the City of
Arcadia and/or the laws and Constitution of the
United States of America.
The management and the direction of the work force
of the City is vested exclusively in the City, and
nothing in this agreement is intended to circum-
scribe or modify the existing rights of the City
to direct the work of its employees; hire, pro-
mote, demote, transfer, assign and retain employees
in positions within the City, subject to the Per-
sonnel rules and regulations of the City; suspend
or discharge employees for proper cause; maintain
the efficiency of governmental operations; relieve
employees from duties for lack of work or other
good reason; take action as may be necessary to
carry out the City's mission and services in
emergencies; and to determine the methods, means
and personnel by which the operations are to be
carried out.
APPROVED
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Section V
COMPENSATION
A. Effective July 3, 1977 the salary schedule for the classi-
fications covered by this agreement shall be improved by
4%.
B. Effective July 3, 1977 the City shall provide as deferred
compensation a set dollar amount to be paid toward the
employee's contribution to the Public Employee's Retire-
ment System. The dollar amount to be paid as deferred
compensation for the 1977-78 fiscal year shall be an
amount equal to 2% of the July 3, 1977 Salary Schedule
rate for each employee. In the event this method of
deferred compensation is declared illegal by a court
of competent jurisdiction or by the Internal Revenue
Service or by the administrators of the Public Employee's
Retirement System, the City agrees to improve the Salary
Schedule by 2% in lieu of such deferred compensation
plan.
C. Effective July 2, 1978 the Salary Schedule for the classi-
fications covered by this agreement shall be improved by
4%. In the event the Consumer Price Index for the period
of May 1977 to May 1978 exceeds an 8% annual inflation
rate the City agrees to improve the Salary Schedule effec-
tive July 3, 1977 by an amount equal to the difference
between the higher rate and 8% up to a maximum additional
increase of 2%.
D. Effective July 2, 1978 the City shall change its deferred
compensation plan by increasing the set dollar amount to
be paid toward the employee's contribution to the Public
Employee's Retirement System to a dollar amount equal to
4% of the July 2, 1978 Salary Schedule for each employee.
Said dollar amount shall be fixed and shall not auto-
matically increase due to future salary adjustments.
However, nothing herein shall be construed to prevent the
Association from seeking to increase the dollar amount
through the negotiation process. In the event this method
of deferred compensation is declared illegal in a manner re-
ferred to in. paragraph B herein, the City agrees to improve
the 1978-79 Salary Schedule by 2% on July 2, 1978 in lieu
of such deferred compensation plan.
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Section VI
OVERTIME
A. With the approval of the City Manager and when necessary to
perform essential work, a departmental administrator may
require employees in his department to work at any time
other than during regular working hours until such work is
accomplished. An employee required to work under such con-
ditions shall be credited with pay at the rate of one and
one-half times the regular hourly rate or with time-off
equal to time and one-half worked; no overtime credit shall
be allowed for any period less than one-half hour, provided that
an employee who is recalled to work after completing a day's
work, including any overtime, shall receive a minimum credit
of'one hour of time-off or one hour at his hourly rate.
Such overtime shall be paid for, or time-off taken at the
option of the employee if said administrative officer con-
sents thereto, within 30 days of the date it is earned. All
other overtime shall be compensated at straight time.
B. Employees shall receive equivalent compensatory time off
when directed to attend classes or functions by their depart-
ment administrator or City Manager.
,PPROVED ie
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Section VII
STABILITY PAY
In accordance with the Personnel Rules and Regulations this fea-
ture of the Pay Plan is intended to encourage stability of em-
ployment by recognizing years of service with compensation. The
plan pays 2 of 1% of the employee' s yearly base rate for each
year of consecutive service. The first payment of 22% of the
yearly base is made after the completion of five years of service.
The maximum amount to which the percentage is applied is $5,000.
(If the base rate is $487 X 12 months = $5,844, credit will be
given for $5,000, thus the stability payment upon completion of
five years of service would be $5,000 X 22% = $125. ) Each year
after the completion of the fifth year of service, an additional
a of 1% of the base rate to a maximum of 20 years is given. A
maximum of $500.00 could be recieved, continuing each year there-
after. Cash stability payments are made once a year between
December 1 and December 10 to employees on the payroll as of
December 1. Stability payments will be paid on a pro-rata basis
to those employees that retired or are laid off prior to
December 1, provided they meet all eligibility requirements.
APPROVED
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Section VIII
EDUCATIONAL BONUS AND TUITION REIMBURSEMENT
A. When a permanent employee has satisfactorily completed a
course of academic study or has achieved vocational cer-
tificates which qualify that employee for a promotional
classification within his job series and the courses
taken represent a minimum of one school year of full
time college class work or equivalent, that employee,
upon approval of the City Manager, shall receive an
increase in pay which is equivalent to a ane-step dif-
ferential in his pay range. Said employee shall con-
tinue to be paid such differential as long as he retains
that classification. When the academic requirements for
the promotional classification do not exceed those of the
current classification, no bonus shall be paid.
B. Payment of from 25 - 100 % of tuition, books and fees at
accredited public colleges or universities or, on recom-
mendation of the City Manager, private colleges, univer-
sities or technical schools. Classes taken must be re-
lated to the job classification series or in a field re-
lated to the job classification as determined by the City
Manager.
Prior to reimbursement of costs, all course work must be
completed while employed by the City of Arcadia with a
passing grade of "C" or equivalent when numerical score
or pass/fail grade is given.
Any employee who shall terminate employment within one
year from the completion of a class or classes shall re-
fund all tuition paid under this provision unless he was
required to attend by the appointing power.
APPROVED
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Section IX
MILEAGE REIMBURSEMENT
A. Mileage is reimbursed for travel in an employee's personal
vehicle in connection with City business. Prior approval
must be obtained from the immediate supervisor or depart-
ment head. If travel is required frequently during a
month, reimbursement will be made once a month. Completed
mileage forms shall be submitted to the department head
consistent with the administrative policy.
Any employee authorized to use a personal vehicle must
maintain an insurance policy meeting the standards
established by the City Manager.
APPROVED
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Section X
HEALTH AND LIFE INSURANCE
A. Effective July 1 , 1977, the City shall pay the increased
health insurance premium cost for employee-only coverage
of the City's Major Medical insurance up to a maximum
total monthly payment of $30.65 per employee.
B. Effective July 1, 1978, the City shall pay the increased
health insurance premium cost for employee-only coverage
of the City's Major Medical insurance up to a maximum
total monthly payment of $35.65.
C. During the life of this agreement, the City shall continue
to contribute $32.85 per month to each employee covered by
this agreement for Dependent Medical insurance coverage.
Such contribution shall be included in the salary schedule
for each classification. It is the agreement of the par-
ties that by providing for Dependent Medical insurance
in this manner, the economic benefit of this adjustment
can equitably be applied to each employee in the classi-
fications covered by this agr.eemerit.
D. The City shall continue to provide each employee with
life insurance in the amount of $1,000.00.
AP APPROVED
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Section XI
DISABILITY INCOME INSURANCE
The City shall provide disability income insurance to each
employee covered by this agreement during the life of the
agreement.
APPROVED
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Section XII
DENTAL INSURANCE
A. The City shall provide each employee with a dental insur-
ance plan during the life of this agreement. The prem-
ium for the employee-only coverage portion of the dental
plan shall be paid for by the City up to a maximum total
payment of $5.50 per month per employee during fiscal
year 1977-1978, and up to a maximum total payment of
$6.50 per month per employee during fiscal year 1978-
1979.
B. The dental plan shall provide for dependent coverage at
the option of the employee, the cost of which shall be
paid by the employee.
APPROVED
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Section XIII
MEDICAL EXAMINATIONS
A. All medical examinations required by the City shall be
paid for by the City in accordance with the City of
Arcadia, Personnel Rules and Regulations.
B. An employee at any time, may be required by the ap-
pointing power to take a medical examination, paid for
by the City, to determine fitness for duty.
APPROVED
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Section XIV
UNIFORMS
A. The City shall provide each employee with uniforms con-
sisting of shirts and trousers.
B. Upon termination of employment the employee shall turn
in all uniforms issued or shall have a dollar amount
equal to the lost uniform cost deducted from the emplo-
yee's final check.
APPROVED
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Section XV
LEAVES
A. In accordance with the current Personnel Rules and Regula-
tions of the City of Arcadia, all leaves for classifications
represented by this agreement shall be provided for as follows:
B. POWER TO GRANT LEAVES
Upon the written request of an employee stating the reasons
therefor, the appointing power with the approval of the City
Manager shall have power to grant leaves of absence with or
without pay, with the exception that leaves of absence with
or without pay of more than thirty calendar days shall be
granted only upon the recommendation of the appointing power
and City Manager and the approval of the Council , subject to
the following restrictions:
1. Length - leave of absence without pay may be
granted for a period not to exceed one year with
the exception that military leaves may be granted
for the duration of a war or national emergency
or as required by the Military and Veterans' code.
2. Reason - a leave of absence may be granted an
employee, provided he meets all other require-
ments set forth in this rule, who desires to
attend school or college or to enter training to
improve the quality of his service, who enters
military service of the United States, who is
temporarily incapacitated by illness, or who pre-
sents some other reasons equally satisfactory.
3. Right to Return - the granting of a leave of ab-
sence without pay confers upon the employee the
right to return to his classification before or
at the expiration of his leave of absence.
Therefore, a leave of absence shall be granted
only to an employee who intends to return to his
classification with the City.
4. Service Record - no request for leave of absence
will be considered unless the employee presenting
the request has a satisfactory service record.
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5. An employee granted a leave of absence may be
required by the appointing power or the City
Manager to successfully pass a medical exami-
nation prior to being allowed to return to work.
6. The granting of a leave of absence of thirty
days or less, with or without pay, shall not con-
stitute an interruption of service within the
meaning of this subsection. The granting of a
leave of absence with or without pay of more
than thirty days shall constitute an interrup-
tion of service unless, in the action granting
such leave of absence, it is provided that such
leave of absence shall not constitute an inter-
ruption of service.
C. MILITARY LEAVE
Military leave shall be granted in accordance with the pro-
visions of the applicable California State Law. All employees
entitled to and taking military leave shall give the department
head the right within the limits of military necessity and reg-
ulations to determine when such leave shall be taken.
If the officer or employee taking such leave for military ser-
vice has been in the employ of the City for one year or more,
next immediately preceding the date from which leave begins,
he shall be allowed his regular salary or compensation for a
period of not more than thirty days in any calendar year or
during any continuous leave of absence. If such employee has
been in the employ of the City for less than one year immedi-
ately preceding the date upon which such leave of absence
begins, such leave granted under this section shall be without
pay.
Upon requesting military leave, the employee must complete the
required forms and submit to the City Manager through his ap-
pointing power a copy of his military orders.
The foregoing limitations on leave of absence do not apply to
employees who are drafted or receive order to military duty
for extended periods of time during war or national emergencies.
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Every employee who has been on extended military duty shall
report back for the performance of the duties of his employ-
ment within ninety days after his discharge or release from
military duty. Failure to do so shall be reason for termina-
tion of his employment. Acceptance of extended military duty
on a voluntary basis shall be reason for termination of his
City employment.
Employees prior to being returned to employment from military
leave shall submit other than a dishonorable discharge, and
take and pass a medical examination by a physician designated
by the City Manager. Upon failure of a returning employee to
submit other than a dishonorable discharge or pass the required
medical examination, he shall not be entitled to return to his
employment with the City.
Employees on extended military leave shall not lose or accum-
ulate sick leave, vacation, seniority, or other privileges
because of such leave.
D. VACATION LEAVE
1. Every full-time employee represented by this agreement,
with the exception of temporary appointments, shall
accumulate vacation with pay at the rate of 0.84 of a
working day per month for a total of ten working days
per year during the first five years of employment; at
the rate of 1.25 working days per month for a total of
15 working days per year between the employee's fifth
and tenth anniversary date; at the rate of 1.42 working
days per month for a total of 17 working days per year
between the employee's tenth and fifteenth anniversary
date; at the rate of 1.50 working days per month for
a total of 18 working days per year after sixteen years
of service; at the rate of 1.58 working days per month
for a total of 19 working days per year after seven-
teen years of service and at the rate of 1.67 working
days per month for a total of 20 working days per
month after eighteen years of service. Accumulated
vacation shall be granted at the discretion of the
appointing power. Upon termination, vacation used
shall be prorated against vacation earned.
Vacation accumulated beyond the amount accumulable for
a twenty-four month period shall not be carried forward
for more than one year. Any accumulated vacation shall
be granted at the discretion of the appointing power.
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2. Every City employee who leaves the City employ
for any reason shall be granted all accumulated
vacation or shall be paid therefor at his rate
of compensation applicable at the time he leaves
the City employ. Because employees seldom term-
inate on the final day of a month, the following
method will provide for equitable payment for
vacation earned during the month of termination.
If an employee terminates on a day falling on
the first through the fifteenth day of a month,
the employee shall receive credit for one half
the month's vacation accural ; if an employee
terminates on a day falling on the sixteenth
through thirty-first day of a month the employee
shall receive full credit for the vacation accural
for the month.
E. SICK LEAVE
1. Every full-time employee represented by this agreement
shall be granted sick leave with full pay, said sick
leave shall be accumulated beginning with the first
month of employment on the basis of one (1) day for
each month of service. Employees may accumulate up to
a maximum of 120 days sick leave with pay.
2. The appointing power and City Manager may require a
medical examination by a physician of any employee dur-
ing absence on account of illness of such employee.
3. Sick leave means authorized absence from duty of an em-
ployee because of illness, exposure to contagious dis-
ease, attendance upon a member of his immediate family
seriously ill and requiring the care and attendance of
such employee. Immediate family shall include any per-
son related by blood or marriage.
4. The appointing power and City Manager may require evi-
dence of the reason for any employee's absence caused
by illness or death in the immediate family of the
employee during the time for which sick leave is re-
quested.
5. A full time employee in the Classified or Non-Class-
ified Service, with the exception of temporary appoint-
ments, may be granted a leave of absence with pay upon
approval of the appointing power and the City Manager
at the time of the death of a relative related by blood
or marriage. Such leave, up to a maximum of three
working days at one time, shall not be cahrged against
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sick or other leave. If over three working days of such
leave is granted at one time, that amount over three
days shall be charged against sick or other leave.
6. In case of absence due to illness, the employee shall
notify his department in accordance with departmental
rules and explain the nature of the illness. The
appointing power and City Manager may deny or revoke
sick leave if the illness or injury for which it is
taken is caused or substantially aggravated by compen-
sated outside employment.
F. WORKERS' COMPENSATION
In those instances where an employee of the City of Arcadia
is injured on duty and the injury is so recognized under
the Workers' Compensation Act by the City of Arcadia or the
Workers' Compensation Appeals Board, such employee shall be
paid a combination of salary and Workers' Compensation equal
to his regular salary rate for such time as he is absent
from duty because of such injury up to a maximum of one year
from and after date of such injury. Lost time due to an
injury on duty shall not be charged against an employee's
accumulated sick leave.
G. HOLIDAYS
1. Each employee in a classification represented by this
MOU, shall be allowed with full pay the following holidays:
New Year's Day - January 1
Washington' s Birthday - The third Monday in February
Memorial Day - The last Monday in May
Independence Day - July 4
Labor Day - The first Monday in September
Admission Day - September 9
Veterans Day - The fourth Monday in October
Thanksgiving Day - The fourth Thursday in November
The Friday following the fourth Thursday in November
Christmas Day - December 25
One-half day preceding Christmas or New Year's Day
with approval of Department Head
Every day appointed by the President or Governor for
a public fast, thanksgiving or holiday
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2. Whenever New Year's Day - January 1; Independance Day -
July 4; Admission Day - September 9; Christmas Day -
December 25, falls on a Saturday or Sunday, the Friday
preceding or the Monday following, respectively, shall
be a holiday.
An employee required to work on any holiday allowed to
him by this section shall be paid for the holiday and,
in addition, he shall be compensated in accordance with
the applicable overtime rules.
A holiday allowed by this Section to any employee
occurring during any leave of absence with pay shall
be added to the number of working days' leave of
absence to which such employee is entitled.
H. JURY LEAVE
When a City employee is called or required to serve as a
juror, attendance shall be deemed a leave of absence with
full pay. The employee shall remit to the City Treasurer
all fees received except mileage.
I. WITNESS LEAVE
An employee who is subpoenaed or required to appear in
court as a witness shall be deemed to be on leave of
absence. With approval of the appointing power and City
Manager, the employee may be granted leave with pay dur-
ing the required absence. The employee shall remit to
the City Hall fees received except mielage.
A paid leave of absence shall not be granted for time
spent in Court on personal cases.
J. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate
dismissal .
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Section XVI
PROBATIONARY PERIOD
A. The probationary period is part of the examination process.
It is a work-test period during which the employee' s per-
formance and conduct on the job are evaluated to determine
whether or not the employee is fully qualified for per-
manent appointment.
B. All eligible candidates appointed to a position from an
open competitive examination and who are not currently
employed in a permanent position shall be on probation
for twelve months before attaining permanent status.
C. Eligible candidates appointed from a promotional list shall
be on probation for six months before attaining permanent
status.
APPROVED d
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Section XVII
EMPLOYEE COMPLAINTS AND GRIEVANCES
A. PROCEDURE
An employee who feels he has a complaint or a grie-
vance has the right to express it through the proper
channel . The following procedure shall be followed
in presenting a grievance:
1. Within fifteen (15) days of the occurence
of the event giving rise to the grievance,
the employee shall discuss the grievance
with the immediate supervisor.
2. If, after discussing the grievance with
the supervisor, the employee is still
dissatisfied, a written grievance may be
filed by the employee with the individual
in the next higher position in the depart-
ment provided such written grievance is
filed within ten (10) days of the meeting
referred to in paragraph A-1.
The written grievance shall set forth a
clear statement of the grievance, the
circumstances involved, the decision ren-
dered at the informal conference and the
specific remedy sought.
A decision in writing within ten (10) work-
days shall be communicated to the employee.
If the response is not made within the time
limits, or if the employee is still dissat-
isfied, the employee may appeal in writing
to the department administrator.
3. An employee proceeding to the department
administrator shall file a written appeal
within five (5) workdays of notice of the
decision referred to in paragraph A-2 or
within five (5) workdays of the lapse of
the time limits within which the written
decision was required.
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The department head may require the employee
and the immediate supervisor to attend a
grievance meeting. The department head
shall communicate his decision in writing
within ten (10) workdays of recieving the
grievance or the holding of a grievance
meeting, whichever is longer.
If the response is not made within the time
limits or if the employee is still dissat-
isfied the employee may appeal in writing
to the Personnel Director.
4. An employee appealing to the Personnel
Director shall file a written appeal within
five (5) workdays of notice of the decision
referred to in paragraph A-3 or within five
(5) workdays of the lapse of the time limits
within which the written decision was required.
The Personnel Director shall then take what-
ever action he deems appropriate to resolve
the grievance and may require the employee
and the immediate supervisor to attend a
grievance meeting. The Personnel Director
shall communicate his decision in writing
within ten (10) workdays of receiving the
grievance or the holding of a grievance
meeting, whichever is longer.
If the Personnel Director's response is not
made within the time limits, or if the em-
ployee is still dissatisfied, the employee
may appeal in writing to the Personnel
Board. Such appeal shall be filed within
five (5) workdays of notice of the decision
or within five (5) workdays of the lapse
of the time limits within which the written
decision was required.
5. The Personnel Board shall within five (5)
workdays of receipt of the appeal , set
a date for a hearing. Such hearing date
shall be within thirty (30) callendar days
from the date of receipt of the appeal .
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. T.
6. All of the facts shall be presented to the
City Manager, along with the recommendation
of the Personnel Board. The employee shall
have the right to meet with the City Manager.
The City Manager shall render a final deci-
sion in writing within ten days after re-
viewing the recommendation of the Personnel
Board.
B. GENERAL PROVISIONS
1. The grievant has the right of representation
of the grievant's choice at all formal levels.
The Personnel Director shall be notified of
the representative, if any.
2. Except by mutual agreement, failure by the
employer at any level to communicate a deci-
sion within the sepcified time limit shall
permit the grievant to proceed to the next
level .
3. Except by mutual agreement, failure by the
grievant, at any level , to file or appeal
a grievance to the next level within the
specified time limit shall be considered
acceptance of the resolution of the grie-
vance at that level .
4. Time limits may be waived by the mutual con-
sent of the grievant and the Personnel
Director.
C. DEFINITIONS
1. Grievance -
an allegation by any employee in the classi-
fied service that the employee has been ad-
versly affected by a violation of a specific
provision of the Memorandum of Understanding
or Personnel Rules and Regulations.
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