HomeMy WebLinkAboutMOU - Public Works - 1989-1992 A
T J
CITY OF ARCADIA
AND
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES AFL-CIO
LOCAL 2264
MEMORANDUM OF UNDERSTANDING
JULY 1 , 1989 - JUNE 30, 1992
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r 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 8
Special Assignment Pay 9
Salary Adjustments 9
Section VI Overtime (FLSA) 10
Section VII Stability Pay 11
Section VIII Tuition Reimbursement 12
Section IX Mileage Reimbursement 13
Section X Health, Dental and Life Insurance 14
Retired Health Insurance 15
Section XI Disability Income Insurance 17
Section XII Medical Examinations 18
Section XIII Uniforms 19
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Section XIV Leaves
A. Provided For 20
B. Power to Grant Leaves 20
C. Military Leave 21
D. Vacation Leave 22
E. Sick Leave 23
F. Workers' Compensation 24
G. Holidays 25
H. Jury Leave 25
I. Witness Leave 25
J. Unauthorized Absence 25
Section XV Probationary Period 26
Section XVI Acting Pay 27
Section XVII Lay Offs 28
Section XVIII Personnel Files 29
Section XIX Labor-Management Committee 30
Section XX Employee Complaints and Grievances
A. Procedure 31
B. General Provisions 32
C. Definitions 33
Section XXI Full Understanding Execution of
Agreement 34
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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:
Assistant Pump Mechanic Storekeeper
Equipment Operator Sweeper Operator
General Repairman Traffic Painter
Maintenance Worker Tree Trimmer
Public Works Foreman Water Foreman
Pump Mechanic Water Service Representative
Pumping Plant Operator 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 , 1989 and ending June
30, 1992.
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
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Section III
UNION RIGHTS
A. RIGHT TO JOIN
The City and the Union recognize the right of the employees to
form, join and participate in lawful activities of employee
organizations and the equal alternative right of employees to
refuse to join or participate in employee organization activities.
B. USE OF BULLETIN BOARDS
The City shall provide for the Union's use 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.
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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:
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.
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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 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
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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 July 2, 1989, the Salary Schedule for the
classifications covered by this agreement shall be improved by 4%.
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. The dollar amount to be paid
as deferred compensation shall be an amount equal to 7% of the
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 7% in lieu of such
deferred compensation plan.
C. Effective December 31 , 1989, the Salary Schedule for the
classifications covered by this agreement shall be improved by 2%.
The City shall adjust the dollar amount paid toward the employees
contribution to PERS as deferred compensation to an amount equal
to 7% of the December 31 , 1989 Salary Schedule rate for each
employee. The provisions regarding the legality of this method of
deferred compensation contained hereinabove apply.
D. Effective July 1 , 1990 the Salary Schedule for the classifications
covered by this agreement shall be improved by 4%. The City shall
adjust the dollar amount paid toward the employees contribution to
PERS as deferred compensation to an amount equal to 7% of the July
1 , 1990 Salary Schedule rate for each employee. The provisions
regarding the legality of this method of deferred compensation
contained hereinabove apply.
E. Effective December 30, 1990, the Salary Schedule for the
classifications covered by this agreement shall be improved by 2%.
The City shall adjust the dollar amount paid toward the employees
contribution to PERS as deferred compensation to an amount equal
to 7% of the December 30, 1990 Salary Schedule rate for each
employee. The provisions regarding the legality of this method of
deferred compensation contained hereinabove apply.
F. Effective June 30, 1991 , the Salary Schedule for the
classifications covered by this agreement shall be improved by 4%.
The City shall adjust the dollar amount paid toward the employees
contribution to PERS as deferred compensation to an amount equal
to 7% of the June 30, 1991 Salary Schedule rate for each employee.
The provisions regarding the legality of this method of deferred
compensation contained hereinabove apply.
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Section V
G. Effective December 29, 1991 , the Salary Schedule for the
classifications covered by this agreement shall be improved by 3%.
The City shall adjust the dollar amount paid toward the employees
contribution to PERS as deferred compensation to an amount equal
to 7% of the December 29, 1991 , Salary Schedule rate for each
employee. The provisions regarding the legality of this method of
deferred compensation contained hereinabove apply.
H. 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.
I. The parties acknowledge that the percentages between steps range
from 4% to 6%.
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Section V
J. 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
Slow computation of overtime.
3. Equipment Operator (Tree Crew #181 )
When Tree Crew #181 consists of a 2-person crew, the
equipment operator shall serve as a leadworker and receive
$34.62 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.
K. 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
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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
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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 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
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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 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
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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, DENTAL AND LIFE INSURANCE
A. The City will continue to provide Health, Dental and Life
Insurance benefits to each employee in a classification
represented by this agreement. The City shall continue to pay up
to a maximum of $313.48 per month per employee for 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
Ilkor 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 1 , 1990, for the classifications represented by
this agreement, the City shall pay $333.48 per month toward the
monthly health and dental insurance premium cost of the City's
health insurance plan to each employee enrolled in the health and
dental 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 paid in cash or to the employee's account in
the City's Deferred Compensation plan, at the employee's option.
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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. Effective June 30, 1991 , for the classifications represented by
this agreement, the City shall pay $353.48 per month toward the
monthly health and dental insurance premium to each employee
enrolled in a health and dental 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 paid in cash or to the employee's account in
the City's Deferred Compensation plan, at the employee's option.
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.
D. 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.
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HEALTH, DENTAL AND LIFE INSURANCE (continued)
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. An employee who has fewer than 125 days of
accumulated sick leave at the date of retirement may become
eligible for coverage for the employee only health insurance
premium by paying the City an amount equal to his daily pay rate
at the time of retirement times the number of days needed to meet
the 125 days of accumulated sick leave requirement. 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 .
E. The City shall continue to provide each employee with life
insurance in the amount of $7,500.00.
APPROVED
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Section XI
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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
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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
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Section XIII
UNIFORMS
A. The City shall provide each employee with seven (7) sets of
uniforms consisting of shirts and trousers.
B. The City shall provide one medium weight uniform jacket for each
uniformed employee.
C. 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.
Now
APPROVED
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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
r'' 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.
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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.
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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
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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 employee works more than 50% of the pay
period, the employee shall receive credit for that pay
period's vacation.
E. 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 ,280 hours of sick leave
with pay.
Effective July 1 , 1990, employees may accumulate up to a
maximum of 1 ,300 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.
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Section XIV
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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.
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Section XIV
G. HOLIDAYS
1 . Each employee in a classification represented by this MOU
shall be allowed with full pay the following holidays:
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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.
2. In lieu of a citywide holiday to celebrate Dr. Martin
Luther King's birthday, unit members shall receive one
floating holiday to be scheduled by the employee in the
same manner as vacation days off are scheduled. Floating
holidays do not carry over from calendar year to calendar
year. Failure to timely schedule the day off shall result
in its loss.
If the City adopts Dr. Martin Luther King's birthday as a
citywide holiday, this floating holiday shall cease and the
unit members shall receive the citywide 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
-11111
Initials Ini - s
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•
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
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Y `
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
/9Xli "
Initials Iniials
Section XVII
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. .
Section XVII
kilee 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
i1,
TiL__
nitials Initials
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•
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
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r
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
146 40
Initials In . ' .ls
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1
,
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.
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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 grievance at that level.
D. Time limits may be waived by the mutual consent of the grievant
and the Personnel Director.
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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
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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 2, day of ) 1989 .
AFSCME Local 2264 CITY OF ARCADIA
Alie/
4:46e
Euge - Blechert, President eo ge J. W•t 's,-
AFSCME Local 2264 City Manaser
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