HomeMy WebLinkAboutMOU - Public Works - 1983-1985 •
CITY OF ARCADIA
AND
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES AFL-CIO
LOCAL 2264
MEMORANDUM OF UNDERSTANDING
JULY I, 1983 - JUNE 30, 1985
CONTENTS
Page
Section I Parties and Recognition 1
Appropriate Unit 1
Mutual Recommendation 1
Section II Terms 2
Savings Clause 2
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
F. Reasonable Notice 5
G. Safety Committee 5
Section IV Management Rights 6
Section V Compensation 7
Step Advancement 8
Special Assignment Pay 8
Section VI Overtime 9
Section VII Stabililty Pay 10
Section VIII Tuition Reimbursement I I
Section IX Mileage Reimbursement 12
Section X Health and Life Insurance 13
Section XI Disability Income Insurance 14
Section XII Dental Insurance 15
Section XIII Medical Examinations 16
Section XIV Uniforms 17
Section XV Leaves
A. Provided For 18
B. Power to Grant Leaves 18
C. Military Leave 19
D. Vacation Leave 20
E. Sick Leave 21
Page
Section XV
(continued) F. Workers' Compensation 22
G. Holidays 22
H. Jury Leave 23
I. Witness Leave 23
J. Unauthorized Absence 23
Section XVI Probationary Period 24
Section XVII Acting Pay 25
Section XVIII Layoffs 26
Section XIX Personnel Files 27
Section XX Labor-Management Committee 28
Section XXI Employee Complaints and Grievances 29
A. Procedure 29
B. General Provisions 30
C. Definitions 30
Section XXII Full Understanding Execution of Agreement 32
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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 Sweeper Operator
General Repairman Traffic Painter
Maintenance Worker Tree Trimmer
Public Works Foreman Water Foreman
Pump Mechanic Water Service Representative
Store Keeper Water System Inspector
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 1, 1983 and ending June 30, 1985.
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
Initials In'ial
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i
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 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
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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 August 7, 1983, the salary schedule for the classifications
covered by this agreement shall be improved by 2%.
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
Employee's Retirement System. Effective August 7, 1983, the dollar
amount to be paid as deferred compensation shall be an amount equal to
6% of the August 7, 1983 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 Scheule by 6% in lieu of such deferred
compensation plan.
C. Effective June 24, 1984, the salary schedule for the classifications covered
by this agreement shall be improved by 5%. The City shall adjust the
dollar amount paid toward the employees contribution to PERS as deferred
compensation to an amount equal to 6% of the June 24, 1984 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 Union 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.
D. Prior to June I, 1984, the Union may designate a portion of the July I, 1984
City monthly contribution to health and dental insurance be applied to the
June 24, 1984 salary increase. Such designation shall only apply if the
premium increases are less than the increased City contribution of $45 per
month. The designation shall be limited to a dollar amount equal to the
difference between the health and dental insurance premium increases and
the additional FY 1984-85 City contribution of $45 per month. One percent
of salary is equal to $35 per month per unit member in 1984-85 salary
dollars.
E. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
I. When an employee is promoted, the pay shall advance to the lowest
step in such higher range that will provide not less than one step
increase in compensation unless the top step in such range provides
less than one step increase. Such one step shall be measured by the
range from which the employee is promoted.
2. When an employee is promoted to a higher classification, the date of
promotion shall be used in determining the date of future step
increases.
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SECTION V
F. The parties acknowledge that the percentages between steps range from
4% to 6%.
G. SPECIAL ASSIGNMENTS
I. Painter
The employee assigned to perform a variety of painting functions
including the painting of all City vehicles, the re-finishing and
finishing of furniture and cabinets, and the interior and exterior
painting of City facilities shall receive $23.08 per pay period in
addition to the base salary.
In accordance with past practice, this additional compensation shall
not be added to base pay for the computation of overtime.
2. Welder-Water Department
The employee assigned to perform a variety of welding functions in
the Water Department shall receive $23.08 per pay period in addition
to the base salary.
In accordance with past practice, this additional compensation shall
not be added to base pay for the computation of overtime.
H. SALARY ADJUSTMENTS
Upon the vacancy of the positions of Tree Trimmer and Traffic Painter,
the salary range for these positions shall be adjusted so that the top step of
their salary range would then be 5% above the top step of the Maintenance
Worker.
APPROVED 1\\
Initials Ini 1•Is
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SECTION VI
OVERTIME
A. With the approval of the City Manager, and when necessary to perform
essential work, a department 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 paid at the rate of one and one-half times the regular hourly rate. No
overtime credit shall be allowed for any period less than one-half hour.
Overtime shall be rounded to the nearest one-half hour.
B. Employees recalled to work after completing a day's work, including any
overtime shall receive a minimum credit of two (2) hours of overtime.
C. Employees shall receive equivalent compensatory time off on a straight
time basis when directed to attend classes or functions by their department
administrator or City Manager.
APPROVED
�G 1V
Initials Ini Oal�
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SECTION VII
STABILITY PAY
This feature of the Pay Plan is intended to encourage stability of employment by
recognizing years of service with compensation. The plan pays $25 per year for
each year of consecutive service up to a maximum of twenty (20) years of
service. An employee is not eligible to receive stability pay until they have
completed five (5) years of consecutive service. The following is the schedule of
how stability pay is calculated.
Completed Years Completed Years
of Service Amount of Service Amount
5 $125 13 $325
6 $150 14 $350
7 $175 IS
$375
8 $200 16 $400
9 $225 17
$425
10 $250 18
$450
11 $275 19
$475
12 $300 20
$500
Cash stability payments are made once a year between December I and
December 10 only to employees on the payroll as of December I.
Stability 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.
Effective July I, 1982, stability pay shall no longer be applicable to employees
hired after this date.
APPROVED \
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Initials ri ial
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SECTION VIII
TUITION REIMBURSEMENT
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.
APPROVED
Initials Ini ials
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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 1
,e(1- Ilk
Initials I 1 is .
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SECTION X
HEALTH AND LIFE INSURANCE
A. Effective August I, 1983 the City shall pay up to $199 per month, toward
the health insurance premium cost of the City's health insurance plan, on
behalf of each employee enrolled in the health insurance plan.
If the City's contribution exceeds the cost of employee only coverage, the
difference shall be contributed toward the cost of dependent coverage or
to the employee's account in the City's deferred compensation plan, at the
employee's option, or both.
If the premium cost of the health plan exceeds the City's contribution, the
employee shall pay through payroll deduction the differenece between the
monthly premium and the amount contributed by the City.
The employee's exercise of the option to use the difference 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.
B. Effective July I, 1984, the City shall pay up to $239 per month, toward the
health insurance premium cost of the City's health insurance plan, on
behalf of each employee enrolled in the health insurance plan as outlined in
Sub-Section "A" above.
C. Prior to June I, 1984 the Union may designate a portion of the June 24, 1984
salary increased be applied to the City's monthly contribution to the City's
health and dental insurance programs for unit members. Such designation
shall only apply if the premium increases exceed the increased City
contribution of $45 per month. The designation shall be limited to a dollar
amount equal to the amount by which the health and dental insurance
premiums increase for the 1984-85 fiscal year exceeds $45. One percent
(1.0%) of salary is equal to $35.00 per month per unit member in 1984-85
salary dollars.
D. During the life of this agreement the City shall provide each employee
with life insurance in the amount of $5,000.00.
APPROVED
Initials In Vial'
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SECTION XI
DISABILITY INCOME INSURANCE
The City shall provide disability income insurance up to a maximum total
monthly payment of $12.81 per employee, covered by this agreement during the
life of the agreement.
APPROVED
Initials I R ial .
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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 $17.00 per month per employee during fiscal year 1983-
1984, and up to a maximum total payment of $22.00 per month per
employee during fiscal year 1984-1985.
B. Should the employees-only dental insurance premium for fiscal year 1984-
85 be less than $22.00 per month, the difference between the $22.00 and
the employee-only premium cost shall be added to the previously agreed
upon City contribution for health insurance, as outlined in Section X, B.
C. The dental plan shall provide for dependent coverage at the option of the
employee, the cost of which shall be paid by the employee.
APPROVED
Initials In tial
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SECTIONS XIII
MEDICAL EXAMINATIONS
A. All medical examinations required by the City shall be paid for by the City
in accordance with the City of Arcadia Personnel Rules and Regulations.
B. An employee at any time may be required by the appointing power to take
a medical examination, paid for by the City, to determine fitness for duty.
APPROVED
Initials I lial'
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SECTION XIV
UNIFORMS
A. The City shall provide each employee with seven (7) sets of uniforms
consisting of shirts and trousers.
B. Upon termination of employment the employee shall turn in all uniforms
issued or shall have a dollar amount equal to the lost uniform cost deducted
from the employee's final check.
APPROVED
C3- `1,
Initials Ini$al \
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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
S. 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 beginning with the first full pay period of employment at the rate
of 3.07 hours per pay period during the first five years of continuous
full time employment with the City; at the rate of 4.61 hours per pay
period between the employee's fifth and tenth anniversary date of
continuous full time employment; at the rate of 5.22 hours per pay
period between the employee's tenth and fifteeth anniversary date of
continuous full time employment, and at the rate of 6.15 hours per
pay period after fifteen years of continuous full time employment
with the City. Accumulated vacation shall be granted at the
discretion of the appointing power.
2. On December 31 of each year any vacation accumulated beyond the
amount accumulable for a fifty-two (52) pay period basis shall not be
carried forward. Any excess accumulated vacation over this limit
shall be forfeited. Provided however, if an employee who has
previously requested and was granted approval of vacation leave for
use during the last three (3) months of the calendar year, is unable to
utilize such leave because of the City's cancellation of leave, the
employee shall be allowed to carry over the excess leave time into
the next three (3) months of the new calendar year, if rescheduling of
the vacation leave is not possible.
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SECTION XV
3. Upon termination, vacation used shall be pro-rated against vacation
earned. 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. If an employee works more than 50% of the pay
period, the employee shall receive credit for that pay period's
vacation.
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 full pay period of employment on the basis of
3.69 hours for each pay period of service completed with the City.
Employees may accumulate up to a maximum of 1,200 hours of 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 by
the City of Arcadia or the Workers' Compensation Appeals Baord, such
employee shall be paid a combination of Workers' Compensation temporary
disability and salary which will result in payment to the employee of a sum
equal to their net base salary (gross base salary minus State and Federal
income tax). Base salary is the step on the salary range which the
employee was being paid on the date of the injury. This sum will be paid
for such time as they are absent from duty because of such injury up to a
maximum of one year from and after the 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
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SECTION XV
G. Holidays (continued)
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 City Council for
a public fast, thanksgiving or holiday.
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 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 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, in writing, to work three (3)
working days or longer in a higher classification which is vacant due to sick
leave, injury leave, vacation, termination or move up due to acting pay
shall receive the following acting pay retroactive to the first day of the
assignment:
I. Five (5) percent above their current rate of pay; or
2. An employee in the classification of Maintenance Worker assigned to
an acting position of Public Works Foreman, Water Foreman, General
Repairman, or Water Service Representative shall receive ten (10)
percent above their current rate of pay; or
3. 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
A. LAYOFF PROCEDURE: The City Manager or appointing power may lay
off an employee in the Classified Service because of a material change in
duties or organization, inclement weather, adverse working cnditions,
shortage or work or funds or return of employees from authorized leave of
absence.
The order of layoff shall be temporary, probationary, and then regular
employees and shall be (I) based on performance and (2) in the reverse of
total cumulative time served in the same class or promotional field upon
the date established for the layoff to become effective.
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.
B. REEMPLOYMENT LIST: The names of employees shall be placed upon
reemployment lists in the reverse order of the layoff. Reemployment lists
shall remain effective for two (2) years from the effective date of
separation from service.
C. SEVERENCE PAY: An employee whose position is abolished or vacated by
a reduction in work load or lack of funds, and has at least one (I) year of
consecutive full time service with the City shall receive, upon termination,
severance pay. Severance pay shall be a lump sum payment equal to I/5th
of their previous months's salary times the number of years of consecutive
service, not exceedig five (5) years of service.
APPROVED
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SECTION XIX
PERSONNEL FILES
The City shall maintain a central personnel file for each employee. Supervisors
may maintain working personnel files.
If a supervisor maintains a working personnel file, copies of written material
which is to be used as a basis for employee discipline shall be sent to the central
personnel file and given to the employee.
Copies of performance evaluations and/or disciplinary actions shall not be
entered in the file, until the employee is given a copy and an opportunity to
review and comment thereon. The employee shall be given an opportunity during
working hours to initial, date, and file a written response to the material. The
written response shall be attached to the material.
An employee or their designated representative (in writing) shall have the right
to examine and/or obtain copies of any material from the employee's personnel
file. Such copies shall be provided at the employee's cost.
APPROVED
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SECTION XX
LABOR - MANAGEMENT COMMITTEE
Labor Management Committee
The City and the Union hereby agree to the establishment of an ad hoc
committee to discuss employer-employee relation matters.
Each side may designate up to two (2) public works department
representatives to serve on the committee. For purpose of coordination
only, the Personnel Director shall be chairman of the committee. The
committee shall meet quarterly as necessary, at a mutually agreed upon
time and place. The party requesting the meeting shall submit an agenda
of topics to be discussed no less than five (5) days prior to the scheduled
meeting date.
APPROVED
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SECTION XXI
EMPLOYEE COMPLAINTS AND GRIEVANCES
SECTION I. PROCEDURE
An employee who feels they have a grievance has the right to express it through
the proper channel. The following procedure shall be followed in presenting a
grievance:
A. 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.
B. 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
the paragraph above (I-A).
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.
C. An employee proceeding to the department administrator shall file a
written appeal within five (5) workdays of notice of the decision referred
to in the paragraph above (I-B) or within five (5) workdays of the lapse of
the time limits.
The department head may require the employee and the immediate
supervsior to attend a grievance meeting. The department head shall
communicate a 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
dissatisfied the employee may appeal in writing to the Personnel Director.
D. An employee appealing to the Personnel Director shall file a written appeal
within five (5) workdays of notice of the decision referred to in the
paragraph above (I-C) or within five (5) workdays of the lapse of the time
limits within which the written decision was required.
1A The Personnel Director shall then take whatever action deemed
appropriate to resolve the grievance and may require the employee and the
immediate supervisor to attend a grievance meeting. The Personnel
Director shall communicate a decision in writing within ten (10) days of
receiving the grievance or the holding of a grievance meeting, whichever is
longer.
FR -29-
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SECTION XXI
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.
E. 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.
F. 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, within five (5) workdays from the
date the Personnel Board makes a recommendation to the City Manager.
The City Manager shall render a final decision in writing within ten (10)
workdays after reviewing the recommendation of the Personnel Board or
the holding of a grievance meeting, whichever is longer.
SECTION 2. GENERAL PROVISIONS
A. 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.
B. 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.
C. 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.
D. Time limits may be waived by the mutual consent of the grievant and the
Personnel Director.
SECTION 3. DEFINITIONS
A. Grievance
All 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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SECTION XXI
B. 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.
C. Written Grievance
The written grievance shall set forth a clear statement of the grievance,
the specific Personnel Rule(s) and/or sections(s) of the Memorandum of
Understanding involved, the circumstances involved, the decision rendered
at the informal conference and the specific remedy sought.
D. Written Appeal
The written appeal shall outline the same information specified in the
written grievance definition, plus the decision rendered at the previous
step(s) in the process.
E. Workday
A workday is any day the City offices are regularly open for business.
APPROVED
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Mu
SECTION XXII
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 ve cause t s Memorandum of Understanding to be
executed this /' day of cS e tem e 4,e-c , 1983.
AFSCME Local 2264 CITY OF ARCADIA
AV
Randy • rter - eorge . )/"a s
President City Manager
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