HomeMy WebLinkAboutMOU - Public Works - 1979-1981 -
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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
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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
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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.
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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
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
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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 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 /
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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 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
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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
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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 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
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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 , 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
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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.
APPROVE,D�,
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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 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
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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
appointing 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
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
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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.
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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
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.
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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
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.
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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 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.
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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
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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
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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
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
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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
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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
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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.
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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 .
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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.
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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
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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
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