HomeMy WebLinkAboutMOU - Public Works - 1981-1983 1
AMENDMENT TO MEMORANDUM OF UNDERSTANDING
Effective July 1 , 1981 through June 30, 1983
Between the City of Arcadia and American Federation of State
County, and Municipal Employees, AFL-CIO, Local 2264
The purpose of this amendment is to amend the Memorandum of
Understanding as it pertains to Vacations and Tuition Reimbursement.
1. Vacations
Section XV, LEAVES, paragraph D, VACATION LEAVES, is hereby
amended to read as follows:
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
INV 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; and at the rate of 1.67 working days
per month for a total of 20 working days per year after
fifteen 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. Tuition Reimbursement
Section VIII, EDUCATIONAL BONUS AND TUITION REIMBURSEMENT,
paragraph B, is hereby amended to read as follows:
B. City will reimburse the employee 100% of the cost of
books , fees and tuition for up to 7 semester or 9
quarter units during each semester/quarter at rates
of the California State University system. The
reimbursement shall be for only courses that are
directly related to the employee's position as
determined by the City Manager. No general education
course or other courses not directly related to the
job would be approved for reimbursement.
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 refund all tuition paid under this provision
unless he was required to attend by the appointing
power.
This amendment to the Memorandum of Un erst ding is agreed to
and executed this /B day of ®J , 1981.
AFSCME Local 2264 CITY OF ARCADIA
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Dan ay even A." arson
Pre ident ersonne Director
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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.
A
PPROVED
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Ye • Section XVIII
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 agree-
ment 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 re-
ferred to or covered in this agreement or not during
the term of this agreement.
B. The parties hereto have caused this Mem randum of
Unders nding to be executed this .2. day of
, 1977.
AFSCME Local 2264 CITY OF ARCADIA
7'4r
Euge Blechert es 'e . at s
President Assistant City Manager
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CITY OF ARCADIA
AND
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES AFL-CIO
LOCAL 2264
MEMORANDUM OF UNDERSTANDING
J JL Y I , 1981 - JUNE 30, 1983
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CONTENTS
Page
Section I Parties and Recognition
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 Stabililty Pay 9
Section VIII Educational Bonus and Tuition Reimbursement 10
Section IX Mileage Reimbursement 1 1
Section X Health and Life Insurance 12
Section XI Disability Income Insurance 13
Section XII Dental Insurance 1,11
SEction XIII Medical Examinations
Section XIV Uniforms
Section XV Leaves
A. Provided For 17
B. Power to Grant Leaves 17
C. Military Leave 1R
D. Vacation Leave 9C
E. Sick Leave %'t-'
F. Workers' Compensation
G. Holidays %l
H. Jury Leave ?2
I. Witness Leave 22
J. Unauthorized Absence 22
Page
Section XVI Probationary Period 23
Section XVII Acting Pay 24
Section XVIII Layoffs 25
SEction XIX Employee Complaints and Grievances 26
A. Procedure 26
B. General Provisions 28
C. Definitions 28
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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, hereinafter 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:
Equipment Operator Store Keeper
General Repairman Sweeper Operator
Maintenance Worker Traffic Painter
Public Works Foreman Tree Trimmer
Pump Mechanic Water Foreman
Pumping Plant Operator 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 conditions of employment and it is mutually agreed that
this Memorandum of Understanding shall be effective for the period
beginning July I, 1981 and ending June 30, 1983.
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 preempetive 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 I I
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 designated bulletin boards where
employees in the bargaining 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 information 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:
I. Such deduction shall be made only upon submission of the City form
to the designated 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
discontinued deduction until the pay period commencing fifteen days
or longer after such submission.
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SECTION III
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 contacting the Personnel Director or other management
representatives regarding personnel related matters during work hours.
The authorized Union Business Agent shall be given access to work
locations during working hours provided that prior to visiting any work
location the Union representative shall:
I. 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.
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SECTION III
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 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.
G. SAFETY COMMITTEE
The City will notify the union President and publicize vacancies in the
Public Works Service and Water Division, asking for volunteers. Volunteers
shall submit their names to the Department Head for consideration. The
Department Head shall select the Safety Committee member from the list
of volunteers.
APPROVED 2
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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 reserves 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 circumscribe
or modify the existing rights of the City to direct the work of its employees;
hire, promote, demote, transfer, assign and retain employees in positions within
the City, subject to the Personnel 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 June 28, 1981, the salary schedule for the classifications covered
by this agreement shall be improved by 9%.
B. The City shall continue to provide as deferred compensation a set dollar
amount to be paid toward the employee's contribution to the Public
Emloyee's Retirement System. Effective June 28, 1981, the dollar amount
to be paid as deferred compensation shall be an amount equal to 6% of the
June 28, 1981, 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 December 27, 1981, the salary schedule for the classifications
covered by this agreement shall be improved by 2%. The City shall adjust
the dollar amount paid as defferred compensation to an amount equal to
6% of the December 27, 1981, Salary Schedule rate for each employee.
The provisions regarding the legality of this method of deferred
compensation contained hereinabove apply.
D. Effective June 27, 1982, the Salary Schedule for the classifications covered
by this agreement shall be improved by 8%, The City shall adjust the
dollar amount paid as deferred compensation to an amount equal to 6% of
the June 27, 1982, Salary Schedule rate for each employee. The provisions
regarding the legality of this method of deferred compensation contained
hereinabove apply.
E. Effective December 26, 1982, the Salary Schedule for the classifications
covered by this agreement shall be improved by 3%. The City shall adjust
the dollar amount paid as deferred compensation to an amount equal to 6%
of the December 26, 1982, Salary Schedule rate for each employee. Such
dollar amount shall be fixed and shall not automatically 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. The provisions regarding the legality of this
method of deferred compensation contained hereinabove apply.
F. The parties acknowledge that the percentages between steps range from
4% to 6%.
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
accomplished. 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 stabi I i ty of employment by recognizing years of service with
compensation. The plan pays'h of I%of the employee's yearly base rate for each year
of consecutive service. The first payment of 2'/2% 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 242% = $125). Each year
after the completion of the fifth year of service, an additional '/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 I and December 10 to employees on the payroll
as of December I. Stabililty payments will be paid on a pro-rata basis to those
employees that retired or are laid off prior to December I, 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 certificates 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
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 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 refund 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 department 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 I, 1981, 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 per employee.
B. Effective July I, 1982, 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 $44.00.
C. Effective July I, 1981, through June 30, 1982, the City shall pay, at the
employee's option, $40.00 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 $40.00, 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 $40.00, then the City shall pay the difference between the
monthly premium and the $40.00 into the employee's account in the City's
Deferred Compensation plan.
The employee's exercise of the option to use the $40.00 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.
Effective July I, 1982, through June 30, 1983, the amount the City pays
towards the dependent coverage of the City's Major Medical Insurance plan
or to the employee's account in the City's Deferred Compensation plan
shall be increased to $45.00 per employee per month.
D. 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 up to a maximum total
monthly payment of $11.42 per employee, covered by this agreement during the
life of the agreement.
Effective July I, 1982, the City contribution shall be increased up to a maximum
total monthly payment of $12.42 per employee.
APPROVED
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SECTION XII
DENTAL INSURANCE
A. The City shall provide each employee with a dental insurance 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 $9.75 per month per employee during fiscal year 1981-1982,
and up to a maximum total payment of $11 .00 per month per employee
during fiscal year 1982-1983.
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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• SECTIONS 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.
C. Effective January I, 1982, the number of uniform sets shall be increased to
seven (7) sets.
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 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:
I. 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 requirements 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 presents 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 sastisfactory
service record.
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SECTION XV
5. An employee granted a leave of absence may be required by the
appointing power, or the City Manager, to successfully pass a medical
examination 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
interruption of service unless, in the action granting such leave of
absence, it is provided that such leave of absence shall not constitute
an interruption of service.
C. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions 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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SECTION XV
C. continued
Every employee who has been on extended military duty shall report back
for the performance of the duties of his employment within ninety days
after his discharge or release from military duty. Failure to do so shall be
reason for termination 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
I. 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
anniversay 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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SECTION XV
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 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
I. 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 (I)
day for each month of service. Employees may accumulate up to a
maximum of 125 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 or exposure to contagious disease.
4. Sick leave may be used by an employee when their attendance upon a
member of the employee's family dependent who is seriously ill and
requiring the care and attendance of such employee. Family
dependents shall include only dependents currently residing in the
employee's household, or the employee's minor children.
5. 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.
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SECTION XV
6. An employee represented by this agreement, 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 death, or where death appears imminent, in the immediate
family, defined as the spouse, the employee or employee's spouse's
mother, stepmother or father, stepfather, brother or sister, child or
stepchild, grandparents, grandchildren, or any relative of the
employee or employee's spouse residing in the same household. Such
leave, up to a maximum of three (3) working days at one time, shall
not be charged against sick or other leave. If over three (3) working
days of such leave is granted, at one time, that amount over three (3)
days shall be charged against sick or other leave.
7. 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
I. Each employee in a classification represented by this MOU shall be
allowed with full pay the following holidays:
New Year's Day - January I
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 I I
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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SECTION XV
2. Whenever New Year's Day - January I; Independence Day - July 4;
Admission Day - September 9; Veteran's Day - November I I; 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.
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.
During the probationary period, a probationer may be released, or demoted
if permanent status is held in a lower classification, without the right of
appeal if the appointing power deems the probationer unfit or
unsatisfactory for service.
When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as a probationary
employee with no time interval between the provisional and probationary
appointment, the "employment date" as herein defined, shall be the date
first appointed on a provisional basis.
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
A. Any employee in the unit who is required to work one full working day or
more in a higher classification which is vacant due to sick leave, vacation
or termination shall be paid as follows:
I. Five (5) percent above their current rate of pay; or
2. Should such percentage exceed the top step of the range for the
higher classification, the employee shall receive compensation at the
top step of the higher classification.
B. 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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•
r ,
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:
I. 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 department
provided such written grievance is filed within ten (10) days of the
meeting referred to in paragraph A-I.
The written grievance shall set forth a clear statement of the
grievance, the circumstances involved, the decision rendered at the
informal conference and the specific remedy sought.
A decision in writing within ten (10) workdays shall be communicated
to the employee. If the response is not made within the time limits,
or if the employee is still dissatisfied, 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.
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 emplo r-•
is still dissatisfied, the employee may appeal in writing to he
Personnel Director.
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•
SECTION XIX
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 whatever 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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0
SECTION XIX
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
I. 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 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
I. Grievance -
an allegation by any employee in the classfied 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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•
SECTION XIX
2. Grievant -
an aggrieved person is any employee in the classified service
adversely affected by a violation of a splecific 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 /
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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 of Understanding to be
executed this eV Y day of June, 1981 .
AFSCME Local 2264 CITY OF ARCADIA
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.„4
Ian Way eorge J. %tts
President Acting City Manager
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