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HomeMy WebLinkAboutMOU - Public Works - 1985-1987 77:7-- CITY OF ARCADIA AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO LOCAL 2264 MEMORANDUM OF UNDERSTANDING JULY 1, 1985 - JUNE 30, 1987 • i` 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 Promotion or Advancement 7 Special Assignment Pay 8 Salary Adjustments 8 Section VI Overtime (FLSA) 9 Section VII Stability Pay 10 Section VIII Tuition Reimbursement 11 Section IX Mileage Reimbursement 12 Section X Health, Dental and Life Insurance 13 Retired Health Insurance 14 Section XI Disability Income Insurance 15 Section XII Medical Examinations 16 Section XIII Uniforms 17 Page Section XIV Leaves A. Provided For 18 B. Power to Grant Leaves 18 C. Military Leave 19 D. Vacation Leave 20 E. Sick Leave 21 F. Workers' Compensation 22 G. Holidays 23 H. Jury Leave 23 I. Witness Leave 23 J. Unauthorized Absence 23 Section XV Probationary Period 24 Section XVI Acting Pay 25 Section XVII Lay Offs 26 Section XVIII Personnel Files 27 Section XIX Labor-Management Committee 28 Section XX Employee Complaints and Grievances A. Procedure 29 B. General Provisions 30 C. Definitions 31 Section XXI Full Understanding Execution of Agreement 32 mmmlommmw Section I PARTIES AND RECOGNITION The 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 the "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 Storekeeper 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 Initl a s nitis -1- 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, 1985 and ending June 30, 1987. B. SAVINGS CLAUSE If any provision or the application of 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 Initials tials In -2- 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: 1. 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. -3- 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 : 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. -4- 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 three of the employee Safety Committee members from the list of volunteers. The Department Head shall select one of the four employee members of the Safety Committee from a list of three employees submitted by the Union. APPROVED Ini ials Initials -5- 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 Initials Initials -6- Section V COMPENSATION A. Effective June 23, 1985, the Salary Schedule for the classifications covered by this agreement shall be improved by 5%. 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 June 23, 1985, the dollar amount to be paid as deferred compensation shall be an amount equal to 6% of the June 23, 1985 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 22, 1986, 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 22, 1986 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. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION 1. 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. E. The parties acknowledge that the percentages between steps range from 4% to 6%. -7- Section V F. SPECIAL ASSIGNMENTS 1. Painter The employee assigned to perform a variety of painting functions including the painting of all City vehicles, the refinishing 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 /22/1•7 . Initials Initials -8- 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. When an employee is directed by his/her department administrator or the City Manager to attend classes or City functions at times other than regularly scheduled work hours which cause the employee to be in a work status in excess of 40 hours in a 7 day work period, the employee shall be paid at the rate of time and one- half the employee's regular rate of pay. This does not apply to classes or other functions which the employee voluntarily attends. APPROVED Nom. Initials Initials -9- 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 15 $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 1 and December 10 only to employees on the payroll as of December 1. Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Stability pay will only be applicable to employees who were hired prior to January 1, 1984. APPROVED Initials Initials -10- i k 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 of 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 Initials • -11- 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 Initials Initials -12- Section X HEALTH, DENTAL AND LIFE INSURANCE A. Effective July 1, 1985, the City will provide Health, Dental and Life Insurance benefits with Mutual of New York administered by the Cal-Surance Brokerage as authorized by the Independent Cities Risk Management Authority (ICRMA) of which the City is a member. The City shall continue to pay up to a maximum of $261 per month per employee for this coverage. 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 in cash or a combination of both. The employee has the option of having any amount in excess of the premium contributed to the employee's account in the City's deferred compensation plan instead of receiving cash. If the premium cost of the health plan exceeds the City's contribution, the employee shall pay through payroll deduction the difference 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. The premium rates effective July 1, 1985, shall remain in effect until October 1, 1986. B. Effective October 1 , 1986, for the classifications represented by this agreement, the City shall increase the amount the City pays, toward the monthly health and dental insurance premium cost of the City's health insurance plan by $19, to each employee enrolled in the health and dental insurance plan. The maximum premium the City shall pay monthly per employee is $280. If the City's contribution exceeds the cost of employee only coverage, the difference shall be contributed toward the cost of dependent coverage or paid in cash or to the employee's account in the City's Deferred Compensation plan, at the employee's option. -13- Section X HEALTH, DENTAL AND LIFE INSURANCE (continued) If the premium cost of the health and dental plan exceeds the City's contribution, the employee shall pay through payroll deduction the difference 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. C. RETIRED HEALTH INSURANCE The City agrees to pay the employee-only health insurance premium for eligible retirees from the classifications represented by this agreement who retire after July 1, 1985. Such payment shall cease by employee's sixty-fifth (65) birthday. If the retired employee has other group medical coverage available to him/her, then this other group insurance shall be primary and the City's health insurance plan shall function as secondary co-insurance. An eligible retiree is a Union member who retires on a SERVICE retirement and has 125 days of accumulated sick leave at the date of retirement. In addition, the eligible employee must apply prior to retirement for such coverage through the City Personnel Department. The Union shall notify the City Personnel Department in the event of the death of a retired member. During the month of June each year, insured retired employees must contact the City Personnel Department in order to maintain coverage, In the absence of such contact, coverage shall cease on the following July 1. D. The City shall continue to provide each employee with life insurance in the amount of $7,500.00. APPROVED Initials Initials -14- 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 f1rn Initials Initials • -15- Section XII 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 Relations. 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 ' % fL �L Initials Initials -16- Section XIII 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 form the employee's final check. APPROVED s trials Initials • -17- Section XIV 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 therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence with or without pay 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 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 satisfactory service record. -18- Section XIV POWER TO GRANT LEAVES (continued) 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. -19- Section XIV MILITARY LEAVE (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 LEAVES 1. Every fulltime 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 fulltime 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 fulltime employment; at the rate of 5.22 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous fulltime employment, and at the rate of 6.15 hours per pay period after fifteen years of continuous fulltime employment with the City. Accumulated vacation shall be granted at the discretion of the appointing power. 2. On December 31st 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 -20- . T Section XIV VACATION LEAVES (continued) 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. 3. Upon termination, vacation used shall be prorated 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 employ works more than 50% of the pay period, the employee shall receive credit for that pay period's vacation. C. SICK LEAVE 1. Every fulltime 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 personal 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. -21- Section XIV SICK LEAVE (continued) 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 Police Chief and the City Manager at the time of death, or where death appears imminent, in the immediate family, defined as the spouse, the employee's 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 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. -22- Section XIV 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 City Council for a public fast, thanksgiving or holiday. 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. I. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a 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 • Inials Initials -23- Section XV 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 In tia s Initia s -24- r Section XVI 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: 1. 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 10 (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 Initia s Initials Section XVII -25- e Section XVII 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 conditions, shortage of 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 (1) 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 fulltime 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. SEVERANCE PAY: An employee whose position is abolished or vacated by a reduction in work load or lack of funds , and has a least one (1) year of consecutive fulltime service with the City shall receive, upon termination, severance pay. Severance pay shall be a lump sum payment equal to 1/5th of their previous months ' salary times the number of years of consecutive service, not exceeding five (5) years of service. APPROVED Initials Ini'tials -26- Section XVIII 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 Innis s Initials -27- Section XIX LABOR - MANAGEMENT COMMITTEE 1. 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 `In Initia s -28- Section XX EMPLOYEE COMPLAINTS AND GRIEVANCES Section 1. 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 (1-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 (1-B) or within five (5) workdays of the lapse of the time limits. The department head may require the employee and the immediate supervisor 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 (1-C) or within five (5) workdays of the lapse of the time limits within which the written decision was required. -29- • le Section XX EMPLOYEE COMPLAINTS AND GRIEVANCES (continued) 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. 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 grievanc.e.a.t .that level . D. Time limits may be waived by the mutual consent of the grievant and the Personnel Director. -30- Section XX Section 3. DEFINITIONS A. Grievance All allegations 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. 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 Rules(s ) and/or section(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 Initials Iniltials -31- tip ' 4 Section XXI 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 the Union hereto voluntarily and unqualifiedly waives its rights and agrees that the City 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 ,?c,' day of �wy `w`r. ysS- AFSCME Local 2264 CITY OF ARCADIA Mar Bufkin,,,,esiO nt :ek6r J: W t AFSCME Loca 2264 i C ty Manager -32-