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HomeMy WebLinkAboutMOU - 1996-1997 CITY OF ARCADIA AND CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION LOCAL 911 (CONFIDENTIAL/SUPERVISORY/PROFESSIONAL UNIT) MEMORANDUM OF UNDERSTANDING JULY 2, 1996 THROUGH JUNE 30, 1997 July 30, 1996 TABLE OF CONTENTS Page Preamble 4 Article I Parties and Recognition 5 Appropriate Unit 5 Mutual Recommendation and Implementation 5 Authorized Agents 5 Article II Terms 6 Savings Clause 6 No Strike Clause 6 Article III Union Rights 8 A. Right To Join 8 B. Use of Bulletin Boards 8 C. Payroll Deduction 8 D. Access to Facilities 9 E. Union Stewards 10 F. Reasonable Notice 10 G. List of Names 10 Article IV Management Rights 11 Article V Compensation 12 Promotion or Advancement 12 Article VI Hours 13 Overtime (FLSA) 13 Rest Periods 13 Work Schedule 14 Article VII Stability Pay 15 Article VIII Tuition Reimbursement 16 Article IX Mileage Reimbursement 18 Article X Health, Dental and Life Insurance 19 Retired Health Insurance 19 Life Insurance 20 Article XI Disability Income Insurance 21 TABLE OF CONTENTS Page Article XII Medical Examinations 22 Article XIII Uniforms 23 Article XIV Leaves of Absence 24 A. Non-Medical Leaves Without Pay 24 B. Family Care and Medical Leaves 25 C. Military Leave 30 D. Vacation Leave 31 E. Sick Leave 32 F. Bereavement Leave 33 G. Holidays 33 H. Jury Leave 35 I. Court Witness Leave 35 Article XV Probationary Period 36 Article XVI Special Pay & Bilingual Skills 37 A. Acting Pay 37 B. Call-Back Pay 37 C. Bilingual Skills 37 Article XVII Layoffs 38 A. Layoff Procedure 38 B. Re-employment List 38 C. Definitions 39 Article XVIII Personnel Files 40 Article XIX Employee Complaints and Grievances 41 A. Definitions 41 B. Procedure 41 C. General Provisions 43 Article XX Disciplinary Action 44 A. Suspension, Salary Reduction, Demotion & Dismissal 44 B. Notification and Appeal Procedure 44 C. Salary Reduction 45 D. Unauthorized Absence 45 Article XXI Full Understanding/Execution of Agreement 46 • PREAMBLE It is the purpose of the Memorandum of Understanding to promote and provide for harmonious relations, cooperation and communication between City Management and the City employees covered by this Memorandum. As a result of good faith negotiations between City management representatives and Union representatives this Memorandum sets forth the agreement regarding wages, hours and other terms and conditions of employment for the employees covered by this Memorandum. This Memorandum provides for an orderly means of resolving differences which may arise from time to time during its term. • 4 ARTICLE Section A. 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 California Teamsters Public, Professional and Medical Employees Union 911 , an affiliate of the International Brotherhood of Teamsters, a formally recognized exclusive employee organization, hereinafter referred to as the "Union", pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Sections 3500 et.seg.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Administrative Aide Librarian Assistant Engineer Personnel Technician Assistant Planner Principal Librarian Associate Civil Engineer Recreation Coordinator Associate Planner Redevelopment Project Manager Deputy City Clerk Secretary - Confidential Deputy Fire Marshal Typist Clerk II - Confidential Legal Seer e#a okA, Section C. MUTUAL RECOMMENDATION AND IMPLEMENTATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City Council, subsequent to the ratification meeting by the membership of • the Confidential/Supervisory/Professional Employees Unit. It is agreed that this memorandum shall not be binding upon the parties either in whole or in part unless and until the City Council formally acts, by majority vote, to approve and adopt said Memorandum. Section D. AUTHORIZED AGENTS The City's principal authorized agent shall be the City Manager, 240 W. Huntington Drive, Arcadia, California, 91066-6021 , except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. The Confidential/Supervisory/Professional employee's authorized representative is the California Teamsters Public, Professional, and Medical Employees Union Local 911 . The duly authorized staff representative is Raymond Whitmer, Secretary-Treasurer, 3202 E. Willow Street, Long Beach, California, 90806. 5 ' ARTICLE// Section A. TEEM 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 upon ratification of the City Council and ending June 30, 1997. Section 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. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confer with Union, upon request, regarding the impact or implementation of the court order or decree or legislation. Section C. NO STRIKE CLAUSE 1 . It is agreed and understood that there will be no concerted strike, sympathy strike, work stoppage, slow-down, obstructive picketing, or concerted refusal or failure to fully and faithfully perform job functions and responsibilities, or other concerted interference with the operations of the City by the Union or by its officers, agents, or members during the term of this Agreement. Compliance with the request of other labor organizations to engage in such activity is included in this prohibition. 2. The Union recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing its members not to strike, stop work, slow- down, or picket obstructively, and the Union agrees in good faith to actively take affirmative action to cause those employees to cease such action. It is agreed and understood that any employee concertedly violating this article may be subject to disciplinary action up to and including discharge, and/or, may be considered to have automatically resigned from the City service. For purposes of this article, any employee deemed to have automatically resigned shall be eligible to utilize the Grievance Procedure as provided in this Agreement. 6 ARTICLE// 3. It is understood that in the event this article is violated, the City shall be entitled to withdraw any rights, privileges, or services provided for in this Agreement or in any other City rules, regulations, resolutions and/or ordinances, from any employee and/or the Union. No such actions shall be taken by the City in the event that the Union acts in good faith in accordance with paragraph 2 above. 4. The expiration or violation of this Agreement shall not prejudice the City's right to assert to the illegality of any such activities mentioned above if engaged in by the Union or employees. Upon the expiration of this agreement, this language shall not prevent the Union from engaging in such activities mentioned above, to the extent such activity is otherwise legal for public employees to participate in. 7 • ARTICLE III UNION RIGHTS Section 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. During the life of this contract all unit members who choose to become members of the union shall be required to maintain their membership in the union in good standing, subject however, to the right to resign from membership no sooner than April 15, or later than May 15, of the year this MOU expires. Any unit member may exercise the right to resign by submitting a written notice to the union and to the City during the resignation period. • Section 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. Locking bulletin boards will be made available in the Library, City Hall, Fire Station #1 , Police Department and Recreation Center, and regular bulletin boards will be made available in Fire Station #2, and the City Service Center at a location approved by the Department Administrator, or City Manager. Section C. PAYROLL DEDUCTION The City will deduct from the first paycheck of each month and remit to the Union, pay of Union members the normal and regular monthly Union membership dues as voluntarily authorized in writing by the employee subject to the following conditions: 8 ARTICLE/II 1 . Such deduction shall be made only upon submission of deduction 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. Every effort will be made to remit dues to the Union,within two weeks of receipt. The union agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason'of, any action that shall be taken by the City for the purpose of complying with this Section. Section 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 Human Resources Manager 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 Human Resources Manager or his designate, to state the purpose of his visit and which location he will be visiting, and 2. the Human Resources Manager 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 Human Resources Manager or his designate shall set an alternative time and/or location for such visit within 72 hours. 9 ARTICLE/I1 The Union may schedule after work hours meetings in the City Conference rooms or the City Council Chambers at such times these facilities are not in use by submitting a written request to the City Community Relations Officer which shall include the date, time, number of people expected, general reason for the meeting, and an acknowledgment that no food or beverages will be consumed in City facilities. Approval will be granted in the same manner as it is granted to other organizations. Section E. UNION STEWARDS Three (3) 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 three (3) stewards who are authorized to represent employees in the Confidential/Supervisory/Professional employee unit (Teamsters Local 911). Section F. REASONABLE NOTICE The City will provide fifteen (1 5) business days notice prior to final implementation of changes to wages, hours of work, or other terms and conditions of employment within the scope of negotiations. Upon written notice from the Union outlining the area(s) of concern, together with the Union's proposal, the City will meet and confer on those matters that are within the scope of negotiations. In addition, the City shall mail to the Union and the chief shop steward a copy of the agendas for each City Council and/or Human Resources Commission meeting. Section G. LIST OF NAMES The Union shall provide and maintain with the City a current list of the names of all authorized representatives of the Confidential/Supervisory/Professional Employee Unit. 10 ARTICLE IV MANAGEMENT RIGHTS Section A. 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, including the right to subcontract unit work. • 11 • ARTICLE V COMPENSATION Section A. The City shall continue to pay 7% of the employee's contribution to the Public Employee's Retirement System. The City shall contract with the Public Employees Retirement System to provide the 2% at 55 retirement program to represented employees. During the first pay period following ratification, a one-time payment of $200, less applicable deductions shall be made to represented employees in the Teamsters Local 911 -- Confidential/Supervisory/Professional Employee Unit. Section B. 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 of 4.5 to 5.5%, 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. Section C. The parties acknowledge that the percentages between steps within a • range are from 4.5% to 5.5%. Section D. The advancement through the salary steps is discretionary based upon satisfactory performance and continuous service in the same classification. The following schedule is the continuous service time required for a qualified employees to receive each step increase: A Step to B Step: 6 months B Step to C Step: 12 months C Step to D Step: 12 months D Step to E Step: 12 months Salary step advancements may be withheld or delayed by the appointing authority if an employee's performance does not merit such an advancement. 12 ARTICLE VI HOURS Section A. OVERTIME With the approval of the City Manager, and when necessary to perform -- essential work, a department administrator may require an employee(s) to work at any time other than during regular working hours until such work is completed. Represented employees required to be in a work status beyond forty (40) hours in a designated work week, or to work in excess of the regularly scheduled shift, shall be paid at the rate of one and one- half times the employee's regular hourly rate. For purposes of overtime calculation, paid sick leave when accompanied by a doctor's slip verifying illness and all other paid leave time shall be regarded as hours worked. No overtime credit shall be allowed for any period less than one-quarter hour. Overtime shall be rounded to the nearest one-quarter hour. When a represented 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 designated work week, 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. The Department Administrator or City Manager may permit an employee to take compensatory time in lieu of paid overtime. With Department _ Administrator approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of sixty (60) hours. When the maximum level of compensatory time is reached, overtime shall be paid. The scheduling of compensatory time off shall not result in the pyramiding of overtime. Section B. REST PERIODS Represented employees, shall receive for each eight (8) or nine (9) hour shift worked, at the discretion of the respective department, two (2) fifteen (15) minute rest periods, one each approximately at the mid-point of each one-half shift. Office personnel shall not leave City property during break periods, and field personnel shall take breaks at the work site. Employees in transit between work sites may take their rest period at a location between the normal route of work locations. Rest periods are for the good of the employee, but periods cannot be used to make up for other lost time. Rest periods are not cumulative and may not be taken concurrently with lunch periods. 13 ARTICLE VI Section C. WORK SCHEDULES The City agrees that if it decides to change the current 9 day - 80 hour work schedule, the City will meet and confer with the Union prior to implementing a new work schedule. • 14 ARTICLE VII STABILITY PAY Section A. Stability pay will only be applicable to employees who were hired prior to July 1 , 1982. The following is the schedule of how stability pay is calculated. Completed Years Completed Years of Service Amount of Service Amount 11 $275 16 $400 12 $300 17 $425 13 $325 18 $450 14 $350 19 $475 15 $375 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. • 15 ARTICLE VIII TUITION REIMBURSEMENT Section A. The Tuition Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). Each employee shall be eligible for reimbursement of educational expenses which are job related or are applicable toward a specific degree. Reimbursement will be provided upon the successful completion of course work. Maximum tuition reimbursement, including textbooks is $2,100.00 per fiscal year. Parking fees and school supplies are not reimbursable. The City reserves the right to investigate any school and approve or disapprove it for reimbursement if such action appears warranted. Only courses, specialized training, or degree programs "job-related" to permanent full-time positions will be considered for tuition reimbursement. Individual courses taken toward achievement of career objective such as a law degree or a teaching credential will be reimbursable only to the extent that such courses are job related as determined by the Department Head and Human Resources Manager. The Tuition Reimbursement Program is voluntary and time spent on courses will not be considered as time worked for the City, unless an employee is directed to participate by the department administrator. Reimbursement for Degree Programs which are structured on a "special package" basis will be considered individually and terms will be negotiated. In no circumstance, shall a negotiated reimbursement exceed $2,100.00 in a given year. To qualify for reimbursement, the following criteria must be met: 1 . A course grade of "C" or equivalent, or higher must be attained. 2. The employee must be currently employed by the City of Arcadia. 3. The course must be taken at an accredited educational institution, which is defined as any college, university, technical, vocational, business or high school which has been accredited by a recognized governmental or professional accrediting body. 16 ARTICLE VIII Any employee who receives tuition reimbursement must remain in the employ of the City for two (2) years after completion of any course for which reimbursement was made. If the employee voluntarily terminates employment, or is terminated by the City, prior to two (2) years after completion of the course(s), he/she must repay the City all monies received. (This may include deduction from vacation leave etc.) An Education Reimbursement Request Form must be submitted to an employee's Department Head before the course begins, in order to qualify for tuition reimbursement. Upon Department Head approval the form will be forwarded to the Human Resources Manager. Following review by the Human Resources Manager and City Manager, the form will be returned Approved/Disapproved to the employee. After receiving approval, the employee holds the form until completion of the course(s). After approved course(s) have been successfully completed, the employee must submit the form with a copy of grade(s) and tuition and book receipts to the Human Resources Department. After final reimbursement is approved, the Administrative Services - Department will issue a reimbursement check to the employee. 17 ARTICLE IX MILEAGE REIMBURSEMENT Section A. Mileage is reimbursed at a rate established by the City 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. • • 18 ARTICLE X HEALTH, DENTAL AND LIFE INSURANCE Section A. The City will continue to provide Health, Dental and Life Insurance benefits to each full-time employee in a classification represented by this agreement. The City shall pay up to a maximum of $462.00 per month per employee for coverage. For full-time employees, 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. The City shall pay up to a maximum of $231 .00 per month per permanent part-time employee for coverage. For permanent part-time employees, if the City's contribution exceeds the cost of employee only coverage, the difference may be contributed toward the cost of dependent coverage only. 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. Section B. RETIRED HEALTH INSURANCE The City agrees to pay the employee-only health insurance monthly premium cost for eligible City retirees. An eligible retiree is a City employee who retires from City service on a SERVICE retirement and has one thousand (1000) hours of accumulated sick leave at the date of retirement. Such payment shall cease by employee's sixty-fifth (65) birthday. If the retired employee has other group medical coverage available to the employee, then this other group insurance shall be primary and the City's health insurance plan shall function as a secondary co- insurance. 19 ARTICLE X In order to be eligible for retiree health coverage, the employee must apply for such coverage through the City Human Resources Office. During the month of June of each year, the insured retired employee must contact the City's Human Resources Office in order to continue coverage. Failure to contact the City's Human Resources Office shall result in the termination of coverage July 1 of that year. An employee who has fewer than one thousand (1000) hours of accumulated sick leave at the date of retirement may purchase up to a maximum of four hundred eighty (480) hours worth of sick leave in an amount equal to the employee's daily pay rate at the time of retirement to meet the one thousand (1000) hour requirement, with the following restrictions: 1 . The employee must have reached the age of 55; and 2. The employee must be employed by the City of Arcadia and must have worked full-time for the City of Arcadia for a minimum of 15-' years. An employee may convert the dollar value of accumulated vacation hours to reach the dollar value d one thousand (1000) hours accumulated sick leave requirement. Section C. LIFE INSURANCE The City shall provide employees with group term life insurance in the amount of $7,500.00. 20 • ARTICLE XI a . = a A •a' A L: A Section A. 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. • • 21 ARTICLE XII MEDICAL EXAMINATIONS Section 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. Section 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. • 22 ARTICLE XIII UNIFORMS Section A. Upon hire, the City shall provide the following employees with four (4) sets of uniforms consisting of long sleeve shirt, short sleeve shirt, pants/skirt, cross-tie/tie, and one sweater or one medium weight uniform jacket. • Secretary (assigned to the Fire & Police Department) • Typist Clerk's (assigned to the Fire & Police Department) • Deputy Fire Marshal Uniforms shall be replaced on an as needed basis, pursuant to department procedures. Section 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. Section C. The City shall provide a safety shoe allowance up to a maximum of $125- per fiscal year for the Deputy Fire Marshal. The City shall designate safety shoe standards for the above classfication. A purchase order, not to exceed the maximum fiscal year amount referred to above, shall be provided upon the employees request. Once the --- employee has purchased safety shoes in this manner, the safety shoe shall be required footwear. Wearing of safety shoes is limited to City work hours. 23 • ARTICLE XIV LEAVES OF ABSENCE Section A. NON-MEDICAL LEAVES WITHOUT PAY 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 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/she 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/her leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to his/her 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. 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 (30) 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 (30) 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. 24 ARTICLE XIV 7. The City shall continue to provide health, dental, life, and disability insurance for an employee granted a leave of absence for up to 30 calendar days. It shall be the responsibility of the employee who wishes to continue any insurance coverage beyond the 30 calendar days, to notify the Human Resources Office of his/her intent to continue coverage and to remit the full monthly premium for any coverage to the Administrative Services Department. Section B. FAMILY CARE AND MEDICAL 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 Family Care and Medical Leaves. In accordance with the Federal Family and Medical Leave Act ("FMLA") and the California Family Rights Act ("CFRA"), the City of Arcadia will provide family and medical leave for eligible employees, as defined. a. Definitions "12-Month Period" - means 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. "Child" - means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a • mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster child, step-child, or child of whom the employee is the legal guardian. "Serious health condition" - means an illness, injury impairment, or physical or mental condition that involves: 1) Any period of incapacity or treatment in connection with or inconsequent to a hospital, hospice or residential medical care facility; 2) Any period of incapacity requiring absence from work of more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; 25 ARTICLE XIV 3) Continuing treatment by a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; or 4) Prenatal care by a health provider. "Continuing treatments" means: 1 ) Two or more visits to a health care provider; 2) Two or more treatments by a health care practitioner (e.g. physical therapist) on referral from, or under the direction of a health care provider; or 3) A single visit to a health care provider that results in a regimen of continuing treatment under the supervision of the health care provider (e.g. medication therapy). b. Leave is only permitted for the following reasons: 1 . The birth of a child or to care for a newborn of an employee; 2. The placement of a child with an employee in connection with the adoption or foster care of a child; • 3. Leave to care for a child, parent or a spouse who has a serious health condition; or 4. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position. c. An employee is eligible for leave if the employee: 1 . Has been employed for at least 12 months; and 2. Has been employed for at least 1 ,250 hours during the 12- month period immediately preceding the commencement of the leave. 26 ARTICLE XIV d. Eligible employees are entitled to a total of 12 workweeks of leave during any 12-month period. The 12 workweek period does not include leave taken for an employee's pregnancy disability pursuant to Government Code Section 12945.2. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement. e. Employee Benefits While on Leave Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City of Arcadia's group health insurance to the same extent that coverage is provided while the employee is on the job. Employees may make the appropriate contributions for continued coverage under the proceeding benefit plans by payroll deductions or direct payments made to these plans. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or" expires, the City of Arcadia shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City of Arcadia shall have the right to recover premiums through deduction from any sums due the City of Arcadia (e.g. unpaid wages, vacation pay, etc.) f. if an employee requests leave for any reason permitted under this policy, he/she must exhaust all accrued leaves (except sick leave) in connection with the leave. An employee may elect to exhaust part or all of the employee's sick leave while on an approved Family Medical Leave to care for a child, parent or spouse. The exhaustion of accrued leave, and sick leave if any is used, will run concurrently with the leave under this policy. If an employee requests leave for his/her own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust accrued sick leave. 27 ARTICLE XIV g. Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his/her position. If the City of Arcadia has reason to doubt the validity of a certification, the City may require another medical opinion at City expense. When the second opinion differs from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, at the City's expense. The opinion of the third provider will be binding. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. h. Although the City of Arcadia recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. If the City of Arcadia determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City of Arcadia may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. 28 • ARTICLE XIV Upon expiration of leave, an employee is entitled to be restored to the position of employment held when the leave commenced, or to an equivalent position. As a condition of restoration of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of restoration. • 29 ARTICLE XIV Section C. TEMPORARY MILITARY LEAVE (Paid and Unpaid) Any employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Navy Militia shall be entitled to a temporary military leave of absence as provided by applicable Federal law and applicable California State law. To be eligible for paid leave for 30 calendar days of active military training, an employee must have been employed by the City for a period of not less than one year immediately prior to the day on which the leave of absence begins. If the employee has not been employed for a period of one year, the leave shall be granted without pay. Pay shall not exceed 30 calendar days in any one fiscal year. An employee on paid military leave shall continue to accrue vacation, sick leave, seniority and/or holiday in the same manner as the employee would have, had the employee been in a work status. To be eligible to receive the leave, an employee must submit a request in writing with a copy of his/her military orders to his/her immediate supervisor for processing. This leave provision does not apply to employees who are drafted or receive orders to military duty for periods longer than 180 calendar days. Employee's rights to return to vacant positions after an absence that exceeds 180 calendar days shall be governed by the applicable Federal and State law. 30 ARTICLE XIV Section D. VACATION LEAVE a) Accumulated vacation leave shall be granted at the discretion of the appointing power. b) Vacation may not be accumulated' beyond the amount accumulable for a sixty-five (65) pay period basis. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employee's accrual has been reduced below this maximum amount. When through work circumstances and needs of the job, an employee has been unable to utilize vacation time and this has not been a pattern or practice for that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces this total below the allowable maximum within six (6) months. c) 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 and is unable to utilize such leave because of the City's cancellation of leave 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. d) 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 therefore 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 50% of that pay period's vacation. 31 • ARTICLE XIV Section E. SICK LEAVE a) Every full-time employee represented by this agreement shall accrue sick leave beginning with the first full pay period of employment on the basis of 3.693 hours for each pay period of service completed with the City. Employees may accumulate up to a maximum of 1 ,500 hours of sick leave with pay. b) 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. c) Sick leave means authorized absence from duty of an employee who is temporarily disabled and unable to work due to a medical condition or due to a scheduled medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non-working hours. d) Sick leave may be used by an employee when his care and attendance is required by a family dependent who requires the employee's presence at the dependent's medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non-working hours. Family dependents shall include only dependents currently residing in the employee's household, or the employee's minor children. e) 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. f) 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. If an employee is requested to provide a doctor's certification for their illness or the illness of their dependent(s), the request for the certification shall be made prior to their return to work. 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. 32 ARTICLE XIV g) Part-time employees who work more than forty (40) hours in a pay period shall receive sick leave in the same manner and under the - same conditions as full-time employees at one-half the level of full- time employees. Section F. BEREAVEMENT LEAVE At the time of death, or where death appears imminent, in the immediate family, an employee, may be granted a leave of absence with pay, upon approval of the appointing power and the City Manager. Immediate family is defined as the spouse, the employee or employee's spouse's mother or stepmother, father or 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 twenty-seven (27) hours at one time, shall not be charged against sick or other leave. If over twenty-seven hours of such leave is granted, at one time, that amount over twenty-seven hours shall be charged against sick or other leave. Section G. HOLIDAYS 1 . Each employee in a classification represented by this MOU shall be .. allowed the following holidays with pay: New Year's Day - January 1 President's Day - The third Monday in February Memorial Day - The last Monday in May Independence Day - July 4 Labor Day - The first Monday in September Veteran's Day - November 11 Thanksgiving Day - The fourth Thursday in November The Friday following the fourth Thursday in November Christmas Day - December 25 Four hours 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 1; Independence Day - July 4; Veteran's Day - November 11 ; or Christmas Day - December 25, falls on a Saturday or Sunday, the Friday preceding or the Monday following, respectively, shall be a holiday. 33 • ARTICLE XIV 3. In lieu of a citywide holiday to celebrate Dr. Martin Luther King's birthday, full-time employees shall receive one floating holiday to be scheduled by the employee in the same manner as vacation leave. In lieu of a citywide holiday to celebrate Admissions Day, full-time employees shall receive one floating holiday to be scheduled by the employee in the same manner as vacation leave. Floating holidays do not carry over into subsequent fiscal years. Failure to timely schedule the days off shall result in their loss. If the City adopts Dr. Martin Luther King's birthday or re-adopts Admissions Day as a citywide holiday, the floating holiday(s) shall cease and eligible employees shall receive the citywide holiday. 4. An employee required to work or attend a class or function 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 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. 5. Full-time employees assigned to an alternate work week may use accrued vacation time, accrued comp time, floating holiday time or unpaid leave to make up the difference between the provided eight hours of holiday pay and the actual number of regularly scheduled working hours for a designated holiday. For example, if a holiday falls on a day an employee is scheduled to work nine (9) hours, the employee shall receive eight (8) hours of holiday pay and be permitted to use other accrued leaves to make up the extra hour for that day. 6. For full-time employees assigned to an alternate work week, if a holiday falls on a Friday that City Hall is closed under the 9/80 plan, each employee shall receive an eight (8) hour floating holiday. Floating holiday time is not accruable and not payable if unused. The floating holiday must be used by the end of the fiscal year in which it is granted or it shall be forfeited. Salary for the holiday shall be paid during the pay period in which the holiday occurs. 34 ARTICLE XIV 7. Represented part-time employees who work more than forty (40) hours in a pay period shall receive holidays in the same manner and under the same conditions as full-time employees at one-half the level of full-time employees. Section H. JURY LEAVE When an employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay. The City will compensate jury service up to eighty (80) hours per year. All hours in excess of eighty (80) shall not be compensated. The employee shall remit to the City all fees received except mileage. For employees assigned to an alternate work week, pay for jury duty shall not be provided on regularly scheduled days off. When released from any day of service more than two (2) hours prior to the end of the normal work schedule, an employee shall report as soon as practical to full duty. Section I. COURT 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, an employee may be granted leave -- with pay during his 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. 35 ARTICLE XV PROBATIONARY PERIOD Section 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. Section 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 (12) months before attaining permanent status. For the classifications of Deputy Fire Marshal, the probationary period for all eligible candidates appointed from an open competitive examination who are not currently employed in a permanent position, shall be eighteen (18) months. Eligible candidates appointed from a promotional list to this classification, shall be on probation twelve (12) months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for six months before attaining permanent status. Section D. Probationary period may be extended for a one six (6) month period with the approval of the Human Resources Manager. Section E. A probationary employee who is holding a promotional position shall have • the right to demotion to the classification in which he/she holds a permanent appointment, unless he/she was discharged for cause from City employment. 36 ARTICLE XVI SPECIAL PAY & BILINGUAL SKILLS Section A. ACTING PAY Any employee in the unit who is required, in writing, to work five (5) consecutive 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 A step of the higher classification, whichever is higher; or 2. should such percentage exceed the top step of the range for the higher classification, the employee shall receive compensation at the top step of the higher classification. Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification. Section B. CALL-BACK PAY If a unit member is required while off duty to report back to work on a call- out, he/she shall receive a minimum of two (2) hours pay at straight time - or the hours actually worked at the appropriate rate of compensation, whichever is greater. Call back pay shall commence upon the arrival of the employee at the work site. Section C. BILINGUAL SKILLS Any employee who is not certified as bilingual by the City shall not be required to use a language other than English. However, when a member of the public, who does not speak English asks an employee for assistance in a language other than English that the employee understands, the employee shall make a reasonable effort to communicate with the member of the public in a polite and professional manner. 37 ' ARTICLE XVII LAYOFFS Section A. LAYOFF PROCEDURE The City Manager or appointing power may layoff an employee because of change in duties or organization, deletion of service, adverse working conditions, shortage of work or funds or return of employees from authorized leave of absence. The order of layoff shall be based on performance (outlined in Section C below), and in the reverse of total cumulative time served in the same classification upon the date established for the layoff to become effective. The order of employee layoff in a department shall be as follows: temporary, provisional, probationary, permanent. Permanent 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 in this unit or the Teamsters Local 911 - Confidential/Supervisory/Professional Employee Unit, provided such employee's seniority in the department is greater than an employee holding the lower position. Permanent part-time employees may in lieu of layoff- voluntarily demote to the next lower part-time classification that the employee previously held within the unit or the Teamsters Local 911 - Confidential/Supervisory/Professional Employee Unit, provided such employee's seniority in the department is greater than an employee holding the lower position. Employees in the classifications of Secretary - Confidential, Typist Clerk - Confidential, and Assistant Engineer may in lieu of layoff voluntarily transfer to another City department in the same classification, or lower classification, provided there is a funded vacant position or provided the employee's seniority is greater than the employee holding the position. An employee who transfers across departmental lines shall serve a six month probationary period. If the employee fails the probationary period the employee shall then be placed on the re-employment list, and the employee who was laid off shall be reinstated. Section B. RE-EMPLOYMENT LIST The names of employees shall be placed upon re-employment lists in the reverse order of the layoff. Re-employment lists shall remain effective for eighteen (18) months from the effective date of separation from service. Failure of the employee on the re-employment list to provide the City their current address shall result in the employee's name being removed from the eligibility list. 38 • ARTICLE XVII Section C. DEFINITIONS Employee - Permanent full-time and permanent part-time worker of the City of Arcadia who has been employed by the City for twelve consecutive months. Layoff - Permanent separation from employment with the City as a result of a work reduction. Performance - The rating received by the employee from the City of Arcadia's evaluation process. For the purposes of layoffs, seniority will only be disregarded if an employee's overall performance evaluation rating in any one of the last three years is below proficient. In such case, the layoff shall be based upon performance. Work Reduction - A decrease in the level of service or amount of product output by the City. 39 • ARTICLE XV/l/ PERSONNEL FILE Section A. The City shall maintain a central personnel file for each employee in the Human Resources Office. 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. Copies of letters of commendation and/or certificate of commendation from the City Council or City Manager shall be placed in the employee's personnel file. An employee or their designated representative (in writing) shall have the right to examine and/or obtain copies at the employee's expense, of any material from the employee's personnel file with the exception of material that includes ratings, reports and records which were obtained prior to the employment of the involved employee. Section B. Discipline older than three (3) years will not be considered in promotional recruitments. 40 • . ARTICLE XIX EMPLOYEE COMPLAINTS AND GRIEVANCES Section A. DEFINITIONS 1 . Grievance All allegations by any employee that the employee has been adversely affected by a violation of a specific provision of the Memorandum of Understanding or Personnel Rules and Regulations. 2. Grievant An aggrieved person is any employee adversely affected by a violation of a specific provision of the Memorandum of Understanding or Personnel Rules and Regulations. 3. 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. 4. 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. 5. Workday A workday is any day the City offices are regularly open for business. Section B. 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: 41 ARTICLE XIX 1 . Within fifteen (15) days of the occurrence of the event giving rise to the grievance, the employee shall discuss the grievance with the immediate supervisor. 2. If, after discussing the grievance with the supervisor, the employee is still dissatisfied, a written grievance may be filed by the employee with the individual in the next higher position in the department provided such written grievance is filed within ten (10) days of the meeting referred to in the paragraph above (B-1 ). A decision in writing within ten (10) workdays shall be communicated to the employee. If the response is not made within the time limits, or if the employee is still dissatisfied, the employee may appeal in writing to the department administrator. 3. An employee proceeding to the department administrator shall file a written appeal within five (5) workdays of notice of the decision referred to in the paragraph above (B-2) 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 Human Resources Manager. 4. An employee appealing to the Human Resources Manager shall file a written appeal within five (5) workdays of notice of the decision referred to in the paragraph above (B-3) or within five (5) workdays of the lapse of the time limits within which the written decision was required. The Human Resources Manager 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 Human Resources Manager shall communicate a decision in writing within ten (10) days of receiving the grievance or the holding of a grievance meeting, whichever is longer. 42 ARTICLE XIX For employees in the Unclassified service, the Human Resources Manager's decision is final, and there are no further appeal rights. Employees in the Classified service may appeal in writing to the Human Resources Commission if the Human Resources Manager's response is not made within the time limits, or if the employee is still dissatisfied. Such appeal shall be filed within five (5) workdays of notice of the decision or within five (5) workdays of the lapse of the time limits within which the written decision was required. 5. The Human Resources Commission shall within thirty (30) calendar days 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. 6. All of the facts shall be presented to the City Manager, along with the recommendation of the Human Resources Commission. The employee shall have the right to meet with the City Manager, within five (5) workdays from the date the Human Resources Commission 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 Human Resources Commission or the holding of a grievance meeting, whichever is longer. Section C. GENERAL PROVISIONS 1 . The grievant has the right of representation of the grievant's choice at all formal levels. The Human Resources Manager shall be notified of the representative, if any. 2. Except by mutual agreement, failure by the employer at any level to communicate a decision within the specified time limit shall permit the grievant to proceed to the next level. 3. Except by mutual agreement, failure by the grievant, at any level, to file or appeal a grievance to the next level within the specified time limit shall be considered acceptance of the resolution of the grievance at that level and a grievance may not be appealed to the next level. 4. Time limits may be waived by the mutual consent of the grievant and the Human Resources Manager. 43 • ARTICLE XX DISCIPLINARY ACTIONS Section A. DISCIPLINARY ACTION: SUSPENSION. SALARY REDUCTION. DEMOTION.AND DISMISSAL The appointing powers are vested with the right to discipline or to dismiss permanent employees as provided by this section. A permanent employee holding a position in the classified service shall be subject to suspension without pay, salary reduction, demotion or dismissed for cause. A permanent employee in the classified service shall have the right to appeal the suspension without pay, demotion, or dismissal to the Human Resources Commission. If the appeal is timely filed, a hearing will be scheduled by the Human Resources Commission. Probationary employees are subject to demotion or dismissal without cause or right to a hearing. Section B. DISCIPLINARY ACTION: NOTIFICATION AND APPEALPROCEDURE A permanent employee who is being suspended, reduced in pay, demoted- or dismissed shall receive from the appointing power a written statement of the charge(s) upon which the discipline is based, the City rule(s), policy or regulation violated, together with any written evidence and/or witness statements the City is relying upon to support the statement of charges. The discipline letter shall be hand delivered, either by personal service or by the City sending the notice by Registered Mail as provided herein above, the employee shall have 30 calendar days within which to file with the Human Resources Manager a written request for an appeal hearing before the Human Resources Commission. The employee may also elect to file a written answer to the statement of charges at this time. A copy of the disciplinary letter together with any attachments and the employee's answer shall be given to the Human Resources Commission. An evidentiary hearing shall be scheduled by the Human Resources Commission. In any hearing regarding suspension, demotion or discharge of a permanent employee, the appointing power has the burden of proof. The strict rules of evidence shall not apply to disciplinary hearing conducted by the Human Resources Commission. Evidence both oral and in writing may be submitted by each party. Witnesses shall be sworn and subject to cross examination. The employee who is being disciplined shall testify if called as a witness. Upon request, the employee is entitled to an open or closed hearing. 44 ARTICLE XX Section C. SALARY REDUCTION An employee may be disciplined by reduction in compensation to any step in the salary scale applicable to the employee's current classification or to the classification to which the employee is demoted. Section D. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 45 ARTICLE XX I FULL UNDERSTANDING Section A. This Memorandum of Understanding and attached side-letters 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 and that the City will meet and confer as required by law, before implementing changes. 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. The parties may mutually agree in writing to meet and confer on any subject contained in this agreement during the life of this agreement. • Section B. If during the 1996-97 contract year the AFSCME Local 2264 or non-safety management employees receive an across-the-board salary increase which is reflected on the salary schedule, the City shall provide the classifications represented by Teamsters Local 911 the same percentage increase. This one-time provision expires June 30, 1997. Section C. The parties hereto have caused this Memorandum of Understanding to be executed this 30th day of July, 1996. Teamsters Local 911 CITY OF ARCADIA Wrigli 44 /(7_____,:,... mKelly ond Whitmef William R. Secretary-Treasurer City Manager 46 SIDE LETTER OF AGREEMENT CITY OF ARCADIA & TEAMSTERS LOCAL 911 CONFIDENTIAL AND GENERAL UNITS MEDICAL INSURANCE COMMITTEE A committee will be convened to evaluate the medical insurance provided by the Public Employee's Retirement System. The union shall select two mer,bers from the General Unit and one employee from the Confidential Unit to s e on the Committee. The names of the designated employees shall be pro,. K:1 to the . Human Resources Manager within sixty days of ratification of this agre- -gent, and a meeting shall be commenced within ninety days of ratification. Adeasse Linetl eamste Local 911 City of Arcadia ?/30 9.6 Date Date • ■ : • • ►/ CITY OF ARCADIA & TEAMSTERS LOCAL 911 CONFIDENTIAL AND GENERAL UNITS BALLOT MEASURE - UNCLASSIFIED EMPLOYEES IN LIBRARY A measure shall be placed on the City of Arcadia ballot for the General Municipal Election scheduled for April, 1998, to amend the City Charter, placing represented Teamsters Library employees in the Classified Service. Teamsters Local 971 Ci ty of Arcadia f7/30/, Date Date • • SIDE LETTER OF AGREEMENT CITY OF ARCADIA & TEAMSTER$ LOCAL 911 CONFIDENTIAL AND GENERAL UNITS ERGONOMIC SAFETY COMMITTEE The union shall select two members from the General Unit and one member from the Confidential Unit to serve on a special Ergonomic Safety Committee. The Committee shall meet to discuss and make recommendations regarding workplace ergonomics. The names of the designated employees shall be _ provided to the City's Risk Control Officer within thirty days of ratification of this agreement, and a meeting shall be commenced within 45 days of ratification. LL.r1,i114 j-Th eamste s Local 911 City of Arcadia 7/3 07? 4r..1(k' Date Date •