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HomeMy WebLinkAboutMOU - Public Works - 1979-1981 - :1t CITY OF ARCADIA AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO LOCAL 2264 MEMORANDUM OF UNDERSTANDING JULY 1, 1979 - JUNE 30, 1981 9 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 17 C. Military Leave 18 D. Vacation Leave 19 E. Sick Leave 20 F. Workers' Compensation 21 G. Holidays 21 H. Jury Leave 22 I . Witness Leave 22 J. Unauthorized Absence 22 4 Section XVI Probationary Period 23 Section XVII Acting Pay 24 Section XVIII Layoffs 25 Section XIX Employee Complaints 26 and Grievances A. Procedure 26 B. General Provisions 28 C. Definitions 28 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 provisions of the Myers-Milias-Brown Act (Government Code Sections 3500 et. seg. ) . APPROPRIATE UNIT The classifications covered by this agreement are: Maintenance Worker General Repairman Public Works Foreman Sweeper Operator Equipment Operator Traffic Painter Pumping Plant Operator Tree Trimmer Water Foreman Pump Mechanic Store Keeper Water Service Representative MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City Council , City of Arcadia for determination. APPROVED - V-1- Ini tials Ini i s 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 effective for the period beginning July 1, 1979 and ending June 30, 1981. B. SAVINGS CLAUSE If any provisions of the application or any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, the remaining Sections of this agreement shall remain in full force and effect for the duration of said agreement. APPROVED -2- Initials In>�tials Section III 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. -3- 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 because 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 -4- I1 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 -5- Initials Initials 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 6i1A1/ -6- Initials fnikials Section V COMPENSATION A. Effective July 1, 1979, the salary schedule for the classifi- cations covered by this agreement shall be improved by 7%. B. Effective July 1 , 1979 the City shall provide as deferred compensation a set dollar amount to be paid toward the employee's contribution to the Public Employee's Retirement System. Effective July 1, 1979, the dollar amount to be paid as deferred compensation shall be an amount equal to 6% of the July 1, 1979 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 6% in lieu of such deferred compensation plan. C. Effective June 29, 1980, the salary schedule for the classifi- cations covered by this agreement shall be improved by 7%. The City shall adjust the dollar amount paid as deferred compensation to an amount equal to 6% of the June 29, 1980 Salary Schedule rate for each employee. The provisions regarding the legality of this method of deferred compensation contained hereinabove apply. D. Effective December 28, 1980, the salary schedule for the classifi- cations covered by this agreement shall be improved by 1%. The City shall adjust the dollar amount paid as deferred compensation to an amount equal to 6% of the January 1, 1981 Salary Schedule rate for each employee. Such dollar amount shall be fixed and shall not automatically increase due to future salary adjustments. The provisions regarding the legality of this method of deferred compensation contained hereinabove apply. E. Effective July 1 , 1979, adjustments shall be made in the salary schedule rates for five classifications to correct salary rate compaction which has occurred. Such adjustments shall be made prior to applying the salary increase indicated in Section A above. The salary schedule rates for the classifications of Public Works Foreman, Water Foreman and Water Service Repre- sentative shall be adjusted by 1.3%. The salary schedule rate for the classification of General Repairman shall be adjusted by 1.3%. An adjustment shall be made in the salary schedule rate for the classification of Maintenance Worker - Painting Specialist for an additional $50.00 per month. APPROVED / ' /V1/// -7- Initials 'In ' ials Section VI OVERTIME A. With the approval of the City Manager and when necessary to perform essential work, a departmental administrator may require employees to work at any time other than during regular working hours until such work is accom- plished. An employee required to work under such conditions 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 consents 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 department administrator or City Manager. APPROVED -8- Initials 'Ini ials Section VII STABILITY PAY In accordance with the Personnel Rules and Regulations this feature of the Pay Plan is intended to encourage stability of employment by recognizing years of service with compen- sation. The plan pays 1/2 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 21/2% = $125) . Each year after the completion of the fifth year of service, an additional 1/2 of 1% of the base rate to a maximum of 20 years is given. A maximum of $500.00 could be received, continuing each year thereafter. 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 -9- Initials In la s 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 one-step differential in his pay range. Said employee shall continue to be paid such differential as long as he retains that classification. When the academic require- ments 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 recommendation of the City Manager, private colleges , universities or technical schools. Classes taken must be related to the job classification series or in a field related 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 kArc) -10- Initials In'ia1s 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 / -11- Initials In ials Section X HEALTH AND LIFE INSURANCE A. Effective July 1 , 1979, 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 $34.00 per employee. B. Effective July 1 , 1980, 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 $39.00. C. Effective January 1 , 1980 through June 30, 1981, the City shall pay at the employee' s option, $35.00 per employee each month towards the cost of dependent coverage of the City's Major Medical insurance plan or to the employee' s account in the City' s Deferred Compensation plan. If the cost of dependent coverage exceeds $35.00, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City, if any. If the cost of such coverage is less than $35.00, then the City shall pay the difference between the monthly premium and the $35.00 into the employee's account in the City' s Deferred Compensation plan. The employee' s exercise of the option to use the $35.00 toward dependent health coverage or the Deferred Compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. D. 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 parties 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 classifications covered by this agreement. E. During the life of this agreement the City shall provide each employee with life insurance in the amount of $5,000.00 APPROVED -12- Initials Ini ials 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. APPROVE,D�, // -13- Initials Initials Section XII DENTAL INSURANCE A. The City shall provide each employee with a dental insur- ance plan during the life of this agreement. The premium for the employee-only coverage portion of the dental plan shall be paid for by the City up to a maximum total payment of $7.50 per month per employee during fiscal year 1979- 1980, and up to a maximum total payment of $8.50 per month per employee during fiscal year 1980-1981 . 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 1 // Initials Ini als -14- 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 appointing power to take a medical examination, paid for by the City, to determine fitness for duty. APPROVED / -15- Initials In ials Section XIV UNIFORMS A. The City shall provide each employee with uniforms consisting 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 employee's final check. APPROVED Vr(6; Apia -16- Initials Initials Section XV LEAVES A. In accordance with the current Personnel Rules and Regulations of the City of Arcadia, all leaves for classifications repre- sented 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 absence 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. -17- 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 constitute 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 regulations to determine when such leave shall be taken. If the officer or employee taking such leave for military service 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 immediately 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 appointing 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. -18- 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 accumulate 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 seventeen years of service and at the rate of 1.67 working days per month for a total of 20 working days per year after eighteen years of service. Accumulated vacation shall be granted at the discretion of the appointing power. Upon termination, vacation used shall be pro- rated 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. -19- 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 seldon terminate 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 accrual ; 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 accrual 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 during absence on account of illness of such employee. 3. Sick leave means authorized absence from duty of an employee because of illness , exposure to contagious disease, attendance upon a member of his immediate family seriously ill and requiring the care and atten- dance of such employee. Immediate family shall include any person related by blood or marriage. 4. The appointing power and City Manager may require evidence 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 requested. 5. A full time employee in the Classified or Non-Classified Service, with the exception of temporary appointments, 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 charged against sick or other leave. -20- 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 compensated 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 by the Workers' Compensation Act of 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 Veteran 's Day - November 11 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 -21- 2. Whenever New Year' s Day - January 1; Independence Day - July 4; Admission Day - September 9; Veterans ' Day - November 11 ; or 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 during the required absence, The employee shall remit to the City Hall fees received except mileage. 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 . APPROVED /1/ild/ -22- Initials In is s 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 performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent 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 -2 3- ,kAC-c=2 (r� Initials Initials Section XVII ACTING PAY Any employee in the unit who is required to work in a higher classification which is vacant due to sick leave, vacation or termination shall be paid at the higher rate of pay for the classification provided the assignment is for 1 working day or more. Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. APPROVED Q Initials ni is s -24- A ' s , Section XVIII LAYOFFS The order of layoff for classifications contained in this unit shall be consistent with Rule XI , Section 2, of the Personnel Rules & Regulations of the City of Arcadia. In addition to that rule, regular full time employees who receive notice of layoff may, in lieu of layoff, voluntarily demote to the next lower classification that the employee previously held within the unit, provided such employee 's seniority in the department is greater than an employee holding the lower position. APPROVED /4: -I I/ Initials In 'tia s -25- 110 w' 7 Section XIX EMPLOYEE COMPLAINTS AND GRIEVANCES A. PROCEDURE An employee who feels he has a grievance 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 occurrence 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. -26- N. 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 receiving 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 dissatis- fied , 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 employee 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) calendar days from the date of receipt of the appeal . -27- 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 decision in writing within ten (10) days after reviewing 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 decision within the specified time limit 040000. 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 grievance at that level . 4. Time limits may be waived by the mutual consent of the grievant and the Personnel Director. C. DEFINITIONS 1 . Grievance - an allegation by any employee in the classified service that the employee has been adversely affected by a violation of a specific provision of the Memorandum of Understanding or Personnel Rules and Regulations. -28- as 2. Grievant - an aggrieved person is any employee in the classified service adversely affected by a violation of a specific provision of the Memorandum of Understanding or Personnel Rules and Regulations. 3. Workday - a workday is any day the City offices are regularly open for business. APPROVED Initials Initials -29- Section XX A. FULL UNDERSTANDING This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or agreements by the parties, whether formal or informal , regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this agreement be administered in its entirety in good faith during its full term. The union recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit. For the life of this agreement it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not during the term of this agreement. B. The parties hereto have caused this Memorandum Understanding to be executed this :,77,Z147/ a Y of Tv;�r , 1979. AFSCME Local 2264 CITY OF ARCADIA (-)' /"kfir Michael E. Brown George J. , atts President Assistant City Manager -30-