HomeMy WebLinkAboutResolutions 88-204 N.C.S. 07/05/1988~y
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FZesolutiol7 No. $$-204 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY
AND THE CITY OF PETALUMA EMPLOYEES' ASSOCIATION
UNIT 2 (MAINTENANCE)
WHEREAS, the City, through its duly authorized
representatives, and the City of Petaluma Employees' Association, through
its duly authorized representatives, have concluded their mutual obligation
to meet and confer in good faith with respect to terms and conditions of
employment for employees in Unit 2, in accordance with the Meyers-
Milias-Brown Act and the City's ,Employer-Employee Relations Rules and
Regulations (Resolution No. 5512 N.C.S.); and
WHEREAS , the duly authorized representatives of the City
and the City of Petaluma Emplsyees' Association have executed a
Memorandum of Understanding pursuant tp Section 15, Resolut~n No. 5512
N . C . S . and recommended its approval by the City Council; and,
WHEREAS, the City Manager, pursuant to Section 28, City of
Petaluma City Charter, and as the City's Municipal Employees° Relations
Officer (Resolution No. 5374 N . C . S .) is required and empowered to make a
recommendation to the City Council on matters related try employees'
compensation; and,
WHEREAS, the City Manager has reviewed and concurs with
said Memorandum of Understanding for Unit 2 and does recommend that the
City Council ratify said Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED that said Memorandum
of Understanding, being in the best interest of the City, is ratified and the
terms and conditions of said Memorandum of Understanding (as attached)
shall be effective July 1, 1988, through June 30, 1989. During this period
the City of Petaluma will be making contributir~ns to the retirement plan on
behalf of the employees, however, the employees may not opt to receive this
contribution in cash.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A roved as to
Council of the City of Petaluma at a (Regular) (crri~x~bpzgai~) meeting °~
on the .....S.tkl ............. day of ...-....................I~.t1~Z...-.._...........-......-., 19..$,g., by the
following vote: •- - -•---...----• ................
ity Attorney
AYES: Sobel, Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Mayor Hill}~gp§s
NC+ES: °
ABSENT: Michael Davis
ATTEST: ..--.- • .. ....................L~~O
~P~ City Clerk
CA 10-85
Mayor
(,bunch File..-...-°-••-•°-------------..-..
Res. No..88.- 204.......... N.C.S.
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UNIT 2
MEM`O:RA~NDU`M OF UND'E~RSTANDIN~G
FY 1988/89
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P'REAM,BLE
GENERAL
T"ABLE OF CONTENTS
Section 1 Recognition
Sectifln ~ 2 Definitions.
Section 3 ;Severability
Section 4 Non-Discrimination
ASSOCIATION MATTERS
Section 5
.Section 6
Section 7
Section 8
Section 9
Section 10
COMPENSATION
AssociatiDn Security
Dues G'heckoff
Stewards and Representatives
B'ulTetin Boards
,Excused Absence
Association/City Meetings
Section 'll Wages
Section 12 Overtime
Section 13 Call--back. Pay
Section 14 Stand-by Pay
Section '15 ;R`ate"s of Pay on Permanent Transfer to New
Classification
Section 1'6 Temporary Work Out of Classification
Section 17 Payiiient 'for .Missed Meals
Section 18 Termination Pay
Secfion 19 Retirement Contribution
INSURANCE
Section 20 Health Insurance
Section 21 Life- Insurance
Section 22 Dental Insurance
Section 23 Long-Term: D.i'sability Insurance
'Section '24 Vision Insurance
LEAVES
Section 25 Vacation
Section 26 Sick, Leave
Section X27 Berea ement Leave
Section 28 ~ Family Sick Leave
Section 29, ~Holid'ays
Section. 30 Iriclustrial Injury .Leave.
Sectznn 31 Leaves of Absence Without .Pay
Section 32 A-rinuaT Military Duty
Section 33 Jury Duty
Section 34 Meal Nand Rest Periods
Section 35 Compensatory Time Off
SectiDn 36 Bonus .Holiday
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PROCEDURES
Section 3T New or Changed Classifications
Sectiom 38 Seniority .
Section 39 'Promotions
Secti.cn_ 40 Temporary Appointments-
Section 41 Transfers Between Sections
Section 42 °Probatbnary Employees
Section 43 Layoff and Recall Procedures
OTHER
Section 44 Retirement Plan
Section 45 Discipline.
Section 46 Grievance Procedure
Section 47 Employee. Job Training -
Section 48 Smoking Cessatifln
Section 49 Work Boots
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PREAMBLE
This AGREEMENT entered intp by the CITY OF PET'ALU;MA, hereinafter
.referred to as the City, and T`HE CITY OF PETALUMA EMPLOYEES
ASSOCIATION, .hereinafter referred to as the Association. _
The part;.es hereto desire ~ confirm and maintain the spirit of cooperation
which has existed between:, the .City and:. its emp]s~yees. The Association and
the City will strive t-~ promote a harmonis~us relatiDnship. between alt parties
~ thin agreement that will result in benefits to the City's operations and its
employees, and provide continuous and uninterrupted services.
Both parts ~:gree to the establishment of an equitable and peaceful
procedure for the resolutiDn of .differences.; and the _ establishment of rates
of ;pay, hours of work. and other terms and condiidflns of emplDyment.
The use of the masculine or feminine gender .in this Agreement shall be
construed as including both genders and not as sex lmtatis~ns.
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GENERAL
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SECTION 1
REC-OGNIT-ION
For the purpose of meeting and conferring with r-espect ~ wages, hours,
and conditions of employment,, the City t~ the extent permitted by law,
recognizes the Associatipn ~as the representative for all, employees who are
employed. in and assigned to the job classificatiDns which in the 'aggregate
constitute the City's work Unit Number Two- (:2) ~(M~aintenance) .
SECTION 2
DEFINITION S
1. The terms "employee" and "employees" as used. in this agreement,
(except where the -agreement c]Early indicates otherwise) sYia11 mean
only an employee or employees within the unit described in
DESCRIPTION OF UNIT.
2. The term "temporary" shall. mean any individual or individuals whose
employment. is limited in duration .
3. The term "full-tune employee" shall mean an emplDyee whose normal
schedule of work is forty (40) hours per calendar week.
4. The term "part-time emplflyee" "shall mean:, an emp]~yee whose. normal
schedule of work 'i"s lass than twenty (20) hours. per calendar week .
5. "Calendar day" means' tYie twenty-four (24) consecutive hour period
beginning at midnight, and ending at midnight the following day. _
6. "Calendar work. week" means a consecutive 7-day. Beginning at 0001
day 1 ~ and continuing until 2400 168 hours later..
7. "Normal work week"~ means any five. (5) consecutive calendar days
within a calendar work week.
8. "Seniority" means urinterrupt~d employment with the City beginning
with the last date hired by the City .and shall, include periods of City
employment outside the; Unit, but shall exclude periods of layoff and
leaves of absence., except medical, in excess :of '30 consecutive days',
including the first 3q days of such absence.
9. An emplr~yee is a "probationary empls~yee" for his; first- six (6) months
of employment. PeriDds 'of absence exceeding 'five (5) working days
shall not be counted towards completion of the probatic~nar-y period,.
SECTION 3
SEVERABILITY CLAUSE:
1. In the event that any port~n of this agreement is declared invalid by
a court of competent jurisdiction, it shall not effect the validity of .any
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other portaDn ,of this. agreement not invalidated:, Any portion herd invalid
shall be re=negotiated so as try effectuate the purposes and' intent of the
invalid portion .if legally possible .
NEGOTIATIONS' '
2. Negotiation P.eriDdt TYie Association will submit in writing to the City
oat less than. ninety (90) days prier to the expiration date of this
Agreement " any propo"sod modifications. to this. .Agreement. for the
subsequent Fiscal Year., The parties- will commence Meeting and
"Conferring not. l~ s than eventy-five (75) days ,prior to the expiration
date of this Agreement and will endeavor- to reach an. agreement, in a
written Memorandum' of Understanding for 'submission to the City
Council. for 'its determination., prier to the aeloption by the City of its
Final Budget for the. subsequent Fiscal Year..
TERM OF AGREEMENT
3. This agreement is subject to the approval of the City Council of the
City of Petaluma...,.
4. ~ "~TYie terms, benefit and conditions of emplflyment granted this unit are
governed olely by this memorandum of, agreement.
5. The terms of~ this Agreement shall commence on. July 1, 1988, and
continue until -the expiration date of June 30, 1989, .and from year to
year thereafter unless written notice is -given `by one party to ~ "the
other setting forth a desire to negotiate modifications to this
Agreement, as set: forth. in Section 3 , Paragraph 2 .
6. ~ If such. notice is, 'given. by .either party, the party receiving such
note 'may also during ensuing negotiations present. changes in the
agreement desired by said .party..
7.. N'egotiatinns upon the modifications or' amendments shall be conducted
promptly at a time` -and place mutually "agreeable to both parties and
shall continue" through said period in an effort to reach. agreement.
NO INTE'RFER~"ENCE AN.D NO LOC':KOUT GUARAN'fi.EE
8. The Associatis~n and "its; officials will not,, directly or' indirectly,, take
,part. in any action against "or any interference with the. operations of
the City during the: term of than Agreement. ,
9. The City shall not conduct a lockout of its employees during the term
of this Agreement.
SECTION 4
N 0`N-D:IS C RIMIN'A TIb N
1. The City will not interfere. with or discimnate ,in any way against any
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emplnyee by reason of his membership iri, or activity required b.y this
Agreement, nor will the City discourage membership in the Association
or encourage ,membership in any other Association.
2. The Association., in 'turn, recognizes its responsibility as employee
representative and .agrees ~ represent all employees without
discrimination, interference, restraints, or coercion, The farms of
this .Agreement shall be applied equally ~ all employees, without
discrimination as to age., sex, marital status, religion,, race, color,
creed national origin, or political affi]iaton. The Association shall
share equally with tYie City the responsibility -for applying this provision
of the Agreement.
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ASSOCIATION MATTERS
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SECTION 5
A'S'SOCIATION SECURITY
1. It is the intent of; this .Article to provide for ,the regular dues of
Association members. to be deducted from their' warrants insofar as
permitt°d by law. The City agrees to deduct and. ransmit to the
Association, dues from all Association members within the foregoing
unit who ~ have" signed an authorization card for such :deductions in a
form agreed upon by the City and the Association. However, the City
assumes no responsibility either to the em~plo,yee" or,~to the Association,
for any failure to :make or for any errors made in making such
deductions".
2. The written aizthorizatinn 'for Association dues deduction shall .remain
in full force and effect, during the life of the current agreement
between the City and `the Association unless cance7le"d. in writing.
3. Upon written request of the Association the City shall' change the
amount of dues deducted .from Association members' warrants.
4. The Association, agrees try indemnify, defend and hold the City
harmless against an'y claims. made of ,any :nature. whatsoever, and
against any suit instituted against the. City a_~G~pg from its" check-off
of Assocdation dues.
SECTION 6
DUES CHECKOFF
1. During the life of thisAgreement, an:d tD the: extent the laws" of the
State of Califprn:a permit, and as provided in. this- Article, the City
will deduct• one month's :current and periDdic ,Association dues based
upon a uniform dues schedule from the pay' of each emplflyee who
voluntarily executes and delivers to the City, the following
authorizatifln form,:
VOLUNTARY AUT'H'ORIZ,ATION FOR DEDUCTION
0'F ASSOCIATION DUES FOR T.HE
CITY OF PET.ALUMA EMPLOYEES ASSOCIATTON
Name Social. Security No.
' (type: or print) .
Division and' Department:
2. I autho "rite the City fo deduct from wages earned by nie montYly Association
dues as cerd.fied to the" City by the Secretary-Treasurer of the
Association, an'd' ~ remit the same ~ the Association at such. time and in
such manner as may be agreed upon between the City and .the Association.
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3. This, authorization and direction shall remain in effect from
to and
shall be for ~ that perfld of time.; provided, however, that it shall not
extend beyond the term of this agreement. This authorization and
direction shall:. be automatically revoked upon. my termination of
employment. with. the City.
Signature of Employee
Address of Employee
'Dane of Signing
Date of Delivery' to the City
4. The ~ following certifioatibn form shall be used. b:y the Association when
certifying membership dues:
CER'TIFIC'A'TIO'N: OF SECRETARY-T'REASURE,R
O`F 'THE ASSOCIATION
5. I certify that the .membership dues for employees in the unit is
$ per
Date
Date of Delivery to the
City
6. Payroll. deductions shall be made in equal amounts °from each regular pay
check .provided.., however., the iriitiai dedzcdon for employees shall not
:begin unless:
l.' A properly executed "Voluntary Authorization for Deduction of
Assoc~~:ation Dues" is on filE with the City, and_,
2. ~T~he amount of the :monthly membership dues certified by the Secretary-
Treasirer of the Assoc~aation has been delivered tb the City at a
'place designated by the City at least ten (10) calendar days priDr do
the last day of the pay peris~d.
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7. Changes in the amount of the monthly :membership dues must be delivered to
the City at a place designated by the City at least thirty (30') calendar
days prior to, the last pay day of the calendar month prior to the change
becoming effectzpe.
8. An employee may ,revoke his "Voluntary Authorization for Deduction of
Association Dues", only as provided by the, tsrms of, :his .Voluntary Authori-
zation .
9. All sums ,deductsd, by the City shall be remitted to the Secretary-Treasurer
of the Association at an address given to the :City 'by the Association, by
the tenth (10th-). calendar day following they pay period when ~ the deductions
were made,. together 'witth' a list of ,names and the amount deducted for each
employee for whom. a deduction was made. The City will also notify the
Associatipn of the- name Qf each employee who revokes his "Voluntary
Authorization for Deduction of Association Dues".
SECTION 7
"S'T.E~W'A,RD,.S AND REPRES~ENT,AT:IV~ES
L The City recogn:zes~ and agrees to deal with the ,accredi#~ed Assoca:ation
Stewards: and Representatives of the Association. in all :matters relating to
grievances and the interpretation of this Agreement.
2. A written list ~of the .Officers of the Association and the Association
Stewards with the specific 'areas they represent,. shall be furnished to the
City. Notice of ~any° :changes of such Association Offices or Stewards shall
be promptly forwarded to the City in writing .
3. The number of Association Stewards shall not exceed ahree. Any change in
the i•umber of Stewards shall be made by written consent of both parties.
4. Upon the request. of the ~aggriwed employee;, a: Steward. or Association
0ffi~er may investigate the speed grievance:, .;provided it is in his
assigned work area, .and. assist in its presentation:., A reasonable amount
of paid tune shall be~ 'afforded. the Steward, :or Association Officer while
investigating such grevance.; In presenting such .grievance to the City
the ,Steward or Association Officer shall;: be :allowed` reasonable time..off
during regular °working hours without loss of pay, subject to prier
notification of his. immediate Supervisor -and with the concurrence of the:
City Man°ager.
5. Upon .request to the City Manager, a representative ;of the ,Petaluma
Employees Association who will be representing the employee in the
grievance procedure, may visit work areas at a time mutually agreeable to
both parties for the purpose of preparing the case. ~ Such visitation
rights shall be united. to a reasonable amount of time and shall oat
interfere with. normal work operations .
6 . During such visit :the representatives may inspect any area relevant- to the
grievance with the. Association Steward or his designated representative.
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SECTION 8
BULLETIN B.OAR:DS
1. The City shall provide the Association witYi space on bulletin boards in
areas. whey-e the Association has emplflyees it represents for the purpose of
posting Assocdaton notices. Such notices may be posted by the Steward,
although. -not limited. to the following notices; they may include:
1. Recreational and social event of the Association .
2 . Association meetings .
3. Association elections.., appointments.
4. Results of Association elections.
2. In the event a dispute arises concerning the appropriateness and/or amount
of material posted., the Steward of the P.ssocation will be advised by the
City Manager of the: mature of the dispute and the disputed material will
be removed from the bulletin .boards until the dispute is resolved.
SECTION 9
EXCUSED ABSENCE`
1. An employee wlio~ is elected or selected by. the Association, upon the
written request of the Secretary-Treasurer of the Association, may be
granted an excused absence without. pay- for a .period not to exceed five (5)
days per year to attend conferences or conventions.. .Not .more than one
emplr~yee will be .granted an excused absence at: any one tame.
SECTION 10
AS'SO'CIATION./CITY MEETING`S
1. At the request of either the Association or the City, conferences shall be
held for the purpose. of considering matters-of mutual. interest, other than
mutually acceptable arrangements as to' time and.. ,place can. be made. All
such conferences shall: be arranged through the Steward of the Association,
.or his designated representative, and a designated representative of the
City Manager. Representatives of the Association, not to exceed two (2) ,
shall not suffer -loss of time or ,pay when. absent from. their ,normal
schedule of work for- the purpose of attending a conference. Conferences
may be attended :by representatives of Petaluma Employees Association.
Benefit -plan review. and .,proper:- classification assignment will. be
appropriate subjects for conferences.
2. It is understood. that. any .matters discussed:, or any action taken pursuant
to such' conferences,, shall in no way change or alter any of the provisions
of the Agreement, or the rights of either ;the. City or the Association
under the. terms of the Agreement.
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COMPENSATION
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WAGES
SECTION 11
EF'E~'EC'TIVE JULY 1, 19.88
CLASSIFICATIONS I II III IV V
Custodian 7.73 8.10 8.49 8.91 9.33
Electrical/Mechanical Niaintenarice Worker 11..:6.1 12.,14 12.74 13.35 14.02
Equipment Mechanic 11.44 .12.00 12.58 13.18 13.83
Equipment Mechanic Helper 8.87 9.,29 9.75 10.19 10.68
Head Custodian. 1O.~15 10.64 11.15 1.1..70 12.23
Maintenance Worker 8..:87 9.29 9.75 10.19 10.68
Park Foreman 10.;90 11.42 11.97 12.53 13.15
Park Maintenance Leader 10,.15 10.:64 T1.15 11.70 12.23
Park .Maintenance Worker 8,,,87` 9.;29 9.75 1.0.19 10.68
Public. Works Leader 10.,15: 10.64 11.15 11.70 12.23
Senior Maintenance Worker 9.27 9..64 10.18 -10.67 11.18
Sewer ;Maintenance Leader 10::15 10.6'4 11.15 11.70 12..23
Street Sweeper Operator 10.:27 10.74 11.26 11.80 12.39
Swimming Pool Maintenance Worker 8.-87 9. 9 9.75 10.19 10.68
Water Foreman 10.90 11.42 11.97 12.53 13..15
Water Leader 10.`15 10.64 11...15 .11.70 12.23
Water Meter Reader-Service Worker- 9.08. 9.50 9.97 10.45 10,.9:5
Water 'Meter Repairer 9.27 9:64 10.18 10.67 11.18
Water Plant Operator. ~ 10: 9 10.78 11.30 11..84 12.44
Water System Service-Worker--Plant Operator 9.°27" 9..6'4 10.18 10..67 11.18
Water System Technician.. 10.15 10.64 11..15 .11.7.0 12.23
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EFFFCI'IVE:JANUARY.1, 1989
- Q,~.SSIFICATIONS
C~.istodian
Electrical/Mechanical `Maintenance Worker
Equipment Mechanic
Equipment Mechanic Helper
Head Ctiistodian
Maintenance Worker
Park Foreman
Park Maintenance Leader
Park Maintenance Worker
Public Works Leader
Senior Maintenance Worker
Sewer Maintenance. Leader'
Street Sweeper Operator
Swimming Pool Maintenance. Worker
Water Foreman
Water Leader
Water Meter Reader-Service Worker
Water Meter Repairer
Water ;Plant Operator-
Water System Service Worker-Plant Operator
Water System Technician
I II
8.03 8.40
11.91 12..44
11.74 12::.30
9.17 9.59
10..,4`5 10 .,94
9..17 9...59
11..20 11.72.
10.45 10.94
9.17 9.59'
10.45 10.94
9.57 9.94
10..45 10.:94
10,..57 11.04
9.17 ~ 9.59
11.20 11.72.
10.45 10.94
9.38 9.80
9,57 9.,94
10..59 11.:08
9.57 9.94
10..4'5 10.94
III IV V
8.79 9.21
13.04 13.65
12.88 13.48
10.05 10.49
11.45 12.00
10.05 10.49
12.27 12.83
11.45 12..00
10.05 1.0.49
11.45 12'.00
10.48 10..97
11.45 12.00
11.56 12.10
10.05 10.49
12.27 12,.83
11.45 12.00
10.27 10.75
10._48 10.97
11.60 12.14
10.48 10.97
11.45 12.00
9.63
14..32
14.13
10.98
12.53
10..98
13.45
12.53
10.98
12.53.
11.48
12.53
12.69
10.98
1-3.45
'12.53
11-. 25
11.48
12..74
11.48
12.53
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S
Y
SECTION 12
OVERTIME
OVE'R~TIME PREMIUM
1. All hours worked in excess of eight (8) in any .one day or in excess of
forty (40) in an,y work, week shall be paid for- ,at the overtime rate which
shall be .one and :one-half. (1-1/2) times .the regular straight time hourly
rate of pay. Overtime shall not be :pyramided or compounded.
REST PERIODS DURING O'VE'R'TIME WORK
2. Whenever practical, emp3oyees ,who for. any ;reason work, beyond their regular
quitting- time in€n the :next shift wi71 be afforded a fifteen (15) minute
rest periDd before starting work on the next shift. In ,additinn, -they
shall be granted the regular. rest period unless an .emergency situatiDn
occurs or exists.
REQUIRED OVERTIME
3. Zf" an employee: is, required 'to work more; than `five consecutive hours
without ameal- period; during a regular work, shift, the employyee shall be
paid at the 'rate. of dine and-one-half (,1-1/2)' for.all time worked in
excess of five: {5°) hours until such time as the employee receives a meal
periDd .
SCHEDULING OVER"T.IME
4. In general, overtime, work shall. be voluntary, provided,, however, when at
least twenty-four (24°) hour--s advance notice o£ an .overtime assignment is
given or when it is -not practical to .give advance notice,,, an employee
will be expected tQ work;.
DIS:T RIB U TIO N
5. Overtime shall be ,distibuted as equitably as possible:, without
favoritism, :and iri the best interests of the- City, among the members of
tYi'e department who are qualified. to .perform and .who 'have demonstrated the
ability to perform- .overtime services •efficisntly.
H0-LIDAY OVERTIME
6. An employee: required ~ work a paid holiday shall receive, in addition to
the. eight ;hours :holiday pay, further compensation at the overtime rate for
the actual holiday worked.
SECTION 13
CALL BACK PAY
1. An employee who is called back to work after having completed his
regular sniff and left the City premises shall receive 'a minimum of two
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(2) hours work. or 'two (2) hours pay, at the overtime rate. To the
extent an employee is paid overtime premium pursuant to the overtime
schedule listed. above, Yie ,sha11 'not be paid overtime premium under` the
call .:back section for the same time worked.. This .paragraph shall not
apply- to 'employees who are called in early fore a. shift, i. e. , when they
work continously from the time they are called in until their regular
shift begins.
SECTION 14
STAND-BY PAY
STANDBY DEFINED
1. Weekend stand-by, ;fir the purposes of this Agreement, shall mean
time which a scheduled employee must be available. on an on call basis
outside the employee=s ;normal work week in order to be available to
respond to :emergency ca11s .
WEEKEND STANDBY
2. Effective July,. 1, 1988 a .minimum compensation of $9:0.:00 pay ~r each
weekend of stand=by :from 4`:30 p.m. the last- day of -the normal work
week, to 8~s00 a. m . the beginning of. the normal: work week .
HOLIDAY STAND-BY
3. For a City desi.gnated;, fixed-date holiday that '.falls in the five. (5) day
work week, a mn;mu_m of $4'5.00 pay will be.:paid :by the City., to an
employee on such. holiday stand-by, beginning at. 4::30 .p.m. or- 'the end
of regular .work.. period and continuing to 8:00 a.,m. of -the next regular
work day or weekend;.
CALL BACK WITHIN A: 'W7EEK-E~N,D,/HOLIDAY (.~S'TAND`B.Y)
4 . A minimum of :one hour at time and one-half' shall be paid. by the City
for every call or assignment required.
~SE.CTION 15.
RA_T.ES 0,'F PAY O'N PERMANEN'T T`RAN,S°FER TO A .NEW CLASSIFICATION
1. When an employee: is promoted, . he shall be paid, the hourly rate. next higher
to his own within the. pay grade. for the classi~atinn t~ which he was-
,promoted.
2, When an employee is transferred :from one classification to another
classificatiDn in the same pay grade, his hourly rate shall remain the
same .
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3. A permanent or probationary employee. who is transferred to a class with a
lower salary without a break in service wll:,receive the same rate of pay
he received prier to the transfer. Such salary shall not be increased
until the time that a, hg-her salary of the class to which he was
transferred. equals or exceeds his salary; Such transfer may be
departmental or inter-departmental, and .may be made by appointment
from an employment list,. temporary appointment, reclassification of
position,. or reorganization of department, and shall be in accord with
the person-net rules; and regulations. The; provision of this rule does
not apply in cases of` disciplinary demotion, demotion in lieu of layoff,
or voluntary demotion. Effective July 1, 198.7 .when a person is
involuntarily assigned 'to :a lower classificatiDn he shall receive the
lower rate of pay.; effective the first day assigned to that
classification .
SECTION 16
TEMPORARY WORK OUT OF CLASSIFICATION
1. An employee holding a classified posi~.on may temporarily be assigned the
duties of another position for a period not to exceed ninety (90) calendar
days during any ,fiscal-year. The employee shall: receive either the next
higher step in the classification to which he is assigned or a 5~
increase, whichever 'is greater.
SECTION 17
'P:AYMENT FOR MISSED MEALS
1. The City shall pay, $6.00 to an employee w;ho is req"nested and who
does work two (`2:)' ~hours~ beyond the emplflyee'~s normal qui#zng time
and has been prevented from eating ,a meal after- such quitting time.
SECTION 1$
T:ERMINA~TION PAY'
VACATION PAY~MENT~S 'U-PON TERMINATION
1. Upon termination.; voluntary resignation, or retirement after one full
year of continuous: service witYi the City or more, the employee shall
receive. a lump sum ,payment for all accumulated but unused vacation
time. Two. weeks advance note in writing should be given to the
City of the termination date.
HOLIDAY AND COMPENSAT~OR'Y TIME PAYMENT UPON SEPARATION
FROM CITY SERVICE
2;. Employees separated from City service shall receive a lump .sum payment for
all accumulated but unused. compensatory time granted in lieu of holid"ays
and all other accum=Mated :compensatory time.
18
COMPU`T.ATIO'N 0`F S'EVERANCE ALLOWAN.C'ES'
3. Compensation -fc~r vacation.. and.. holidays as described in this Article shall
be computed- at the employee's hourly rate. on the effective date of
termination .
SECTION 19 ~ ~ -
R"ETIREMENT CONTRIBUTION'
The City agrees tp- payment ;of the emplflyees' Public Employees' Retirement
System in the. amount of 6~.
The City also agrees t~ defer the taxes on the remaining employee
contribution .
19
INSURANCE
20....
SEC':TIO'N 20
HEALTH TNSU:RANCE
1.
City of• Petaluma Group Medical-Hospital Insurance Program:
The City shall provide for a ..group medical hospital insurance coverage
program for City emplflyees in this unit. The' City shall pay during the
period of this memorandum: the :following amounts for health plans:
Kaiser and Health Plan of the Redwoods.
Kaiser H P R
Employee $ 92.'19 $1'1Q;.00,
EmphyeeP~+ 1 $]93,.38 $2.20,.00
Employee + 2 $260.69 $283.OD
It is agreed' 'that in the event of any premium ;adjustments of the
Health Plan. City will pick up any premium increases..
SECTION 21
LIFE INSURANCE
1. The City hall provide for a group term life insurance program for City
emplDyees in this unit. TYie City shall pay,. during the course of the
Memorandum of Understanding, the insurance premium towards' employee only
coverage for ''s"uch insurance in the priricipl~ .sum of $15:,000 per
employee.
SECTION 22
DENTAL INSURANCE
1. The City shall provide for a group Delta Dental.Insurance Program for
City employees and depe_ridents in this unit. Additionally, the City
shall contribute toward an Orthadonture plan. $1,000. per child., at a 50~
copayment rate. T.he "City shall pay., during the period of this
Memorandum the -full premium toward the City group dental. insurance
coverage program...
S'EC TION 23
LONG-TE'RM DISABILITY
T.
1.
The City shall provide :for a hng=term disability plan. The premium: shall
be pail for by -the City.
SECTION 24
V15I0`N INSURANCE
The City shall provide a Vision Plan for emphyee only. The: premium
shall be paid for by the City .
21
LEAVES
2~.
SECTION 25
VACATIONS
G'ENE'RAL
1. The purpose of annual. vacation leave. is to enable each eligible full :time
employee annually to return. to his work mentally refreshed. All employees
in this unit shall be entitled to annual vacation with pay except the
following
a. Full-time employees who have served less than 12 months in the
service of the City; however, vacation credits for the tune shall be
granf~ed to each such employee who later receives permanent
employment.
b. .Employees who work on a t-~mporary .basis and all part-time employees
who work less than 1, 04.0 hours per year...
2. A]l permanent. employees of this unit after .serving at -least one full year
are entitled to the equivalent of ten (10) working days of vacation with.
pay in the next succeeding anniversary year of empls~yment. All permanent
employees of. the unit,- after five (5) .years of continuous service with the
City and commencing; with the sixth year, shall .be entitled to fifteen (15)
working days of vacation with pay :per year. After `10 years. of service,
one additional, day of vacation shall be added for each additional year of
continuous service to a maximum of 20 days vacation.. If an employee
wishes to take more than twenty (20) consecutive working days of vacation,
he shall have the. prier approval of his department head and the City
Manager.
3. The time during the calendar year which. an employee may take his vacation
shall be determined ,by the. department head with due:: respect for the wishes
of the employee and particular regard for the:- needs of the service:. If
the requirements of: the service are such: that 'an em_ ployee cannot take part
or all of his annual vacation in a particular calendar year, such vacation
shall be taken during the .following calendar year.. -
VACATIONS - ACC:R'UAL
4. Except as provided above,, an employee shall not accrue any paid vacation ,
time during any leave of :absence without pay or' during ..any calendar month
in which he is absent without pay for fifteen (]5°) or .more working days.
5. Paid vacation time. accrues and is recorded at the end of each calendar
month of employment.
6. No employee shall accrue paid vacation time in excess of two (2) years
vacation leave:.
ELIGIBILITY
7. No employee: shalt be :eligible for paid vacation time or receive ,pay in
lieu. of vacation time befr~re it accrues .
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PAY IN LIEU OF VACA.TIO.N TIME
8. An employee will receive pay in lieu of paid vacation time (i.e. , without
taking aetuaT time off. from work) only under the :following circumstances:
a. Retirement; or
b. Start of a .have of abence without pay for more than 9.0 days; or
c. Resignation requested by the City;. or
d. ResignatiDn, the Union shall advise its members. that two (2) calendar
weeks advance written notice should be given tp the City.
e. Death, in which case an heir or heirs will be paid.
9. Pay in lieu of vacation shall. be at the employee=s hourly rate times the
number of hours ,of accrued vacation time.
SCHEDULING OF PAID' VACATION TIME
10. Paid vacation time shall be requested in advance by employees in
accordance with procedures established by the City, except 'that when.
extraordinary circumstances occur beyond the control of the employee, the
employee may be permitted to rescheduh his vacation at a time mutually
agreed upon.
ll. The first day o_ff shall be considered as a Saturday for irregular shift
employees fir the purpose of computing vacations and compensation for
such employees. Any questiDns relative to interpretation of. this
section shall be resolved by the City Manager whose determination
shall be final.
HOLIDAYS WITHIN' VACATIONS
12. In the; event that one or more of the municipal _holidays- observed on the
specific. day falls wifhin am annual vacatis~n leave, such holiday shall. not
be charged as vacat=ir~n have, and the. vacat~ori leave shall. be extended
..according .
SECTION 26-
SIC`K LEAVE'
ELIGIBILITY
1. An employee shall be eligible to receive sick lease in• accordance.: with the:
provisions .of this Article when he is unable to work because of a
disability resulting from personal sickness or ,injury, except no sick
leave shall be payablE fir any injury or absence which results or occurs
as ibllows:
1. Intentionally self-inflicted ;
2 . Part~ipatin g' in any cri m; n al act;
3. Paiti~ipating in a riot;
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4. W. orking for an employer -other than the City..
2'. Neither shall any sick leave be payable (1) during a vacation: except when
hospitalized or equivalent confinement, or (2) during a layoff, leave of
absence,, • or disciplinary layoff.
3. All hours- of sick' leave accrued and all hours of absence, whether or not
paid, shall. be recor-ded. To the extent necessary to implement this
Section, such reeord5 may be inspected b•y an individual employee
and/or authorized Association representative,.
ACCRUAL
_ 4. Sick leave shall accrue to all .full-time emp]nyees, at the rate of one day
for each month of continuous service. No employee shall accumulate more
sick leave in any ;year than provided .
5. Sick leave. shall continue to. accrue while an employee. is on vacation, on
sick leave, or on, job-.connected injury leave.
6. No employee shall, be eligible for sick leave before it accrues.
7. Employees serving their probationary period, with the approval of the City
Manager, may take up to .one day sick leave with, pay for each month worked .
Employees hired on' or before the 14th of a calendar month shall be
credted with •one d'ay of sick leave at the end :of that month.. Employees
hired on or after the. 15th bf the calendar month shall not be credited
with any sick leave for that calendar month„
MINIMUM SICK LEAVE CHARGEABLE
8. For the purpose, of charging sick leave., the minimum sick leave chargeable
will. be one working' hour.
SICK LEAVE, GEN~E'RAL
9. On taking sick' leave time, the employee must notify his department head
either prior to, or within thirty minutes •after the time set for .beginning
his daily duties, If an employee's .duties begin before the switchboard is
in operation, he must notify the department :not later than 8:30 a:m.
10. Sick leaveshall not be considered as a right which. an employee may use at
his discretifln-, but'. a privilege w;hioh shall be allowed only in case of
necessity and actual. sickness or disability. •
ll. When an employee is absent for more than three (3) consecutive days, the.
City .Manager or Person-net Officer may require a doer's certificate for
-such sick leave absence.
Upon review of an emplflyee's Sick Leave... Record'., and where. there
appears to be a pattern of abuse, the .Supervisor shall notify the
employee and the Association Representative in order too discuss the
sick leave usage. The Supervisor will have the.. option tD immediately
require a Doctpr;'s Certificate for any future. absences. This would
constitute a Verbal Warning. If the abuse still continues:, the
Supervisor may initiate a suspension and/or dismissal action through
the procedure outlined, in the Personnel Rules and.. Regulations.
24
12:
If an employee ~ has not recovered by the tim
accumulated ick leave,.
writing, may 'grant ',him
of Sect~n 30.
e he has exhausted his
=the' .Cl~ Manager., upon "receipt of such request in
leave of absence not to exceed the time ]imitations
13. Upon the expiratiDn of ~a '.leave of absence quoted under Sectir~n 30, the
employee shall be returned to the same class or positron or to any
position to .which he ':had been eligible to transfer at the -trine his leave
of ab ence was granted, :provided he furnishes medical. certification of
ability to' perform the 'position for which he is eligible...
14. The City Manager may revoke pay and sick leave time if the employee is not
in fact sick, or if he `has :engaged in private or .other public work while
on such leave., Abuse of sick leave as stated above is sufficient grounds
for dismissal.
15. No penalties shall be >mposed on employees for taking justifiable sick
leave to which the employee is eligible:
SECTION 27
B'ER'EAVEMENT LEAVES,
1. `In the :event. of the death. of an emplDyee's spouse, mother, step-.mother,
mother-in-law, father,, step-father, father-in-law, brother, .sister,
brother-in.-law, sister-in-law,, or child,. including an! adopted child, an
employee wh'o attends the funeral shall be granted. time off work with pay..
The amount. of time off' work with pay shall be only that which is required
to attend the funeral and make necessary funeral arrangements., but in no
:event shall it exceed three; (3) working days: These three (3') days shall
not be chargeable to sick leave., An additional,: two (:2) days required .for
:necessary funeral arrangements may be charged ~ the employee's sick
leave, :any additional' tune :beyond these two days may be charged to
accumulated compensatory time. or leave without; pay..
SEGTIO:N 28
FAMILY .SIC^R LEAVE;
1., Up to two days .per year of an emplgyee!_s accrued sick leave may be used in
the event of immediate family illness.. The immediate family shall
consist of the spouse.; children, parents, brothers, sisters, or other
individuals whose -relationship to the employee. is that of a legal dependent.
SECTION 29
HOLIDAYS
1. Authorized, City observed,, paid .holidays:
A. The City will designate eleven (T1) paid, fixed-date holidays for
employees in this''unit: Such holidays shall. be established for the
City's fiscal ,year as determined by the City Council Resolution.
25
B . D',uring thefiscal `year of the 'Memorandum' of Understandirng, for those
employees_ hired on or .before July -,l of that Fiscal Year of the
M'emor--andum. of Understanding, the City will "authorize one (T)
"Floating Holiday" per employee, which may 'be taken by the employee
during' that Fiscal Year at a time selected by the employee, subject
to operational requirements and .approval as determined by the City.
2. The holiday shall be consecutive twenty-four (2'4) hour period starting
with. -the emplDyee's starEing time on the calendar day on which the holiday
is ob'ser"ved.
3. Each .full-time employ,.ee, other than an employee on layoff or on any leave.
of absence;,, shall ;receive eight (8) hours pay ;at his hourly rate for `the.
holiday, provided the employee meets the follDwing eligibility
requirements..
4 . He works his ~ last scheduled work day prior tai and his first scheduled work
day following the.holir~ay, unless failure 'tD work: on either or both such
days is excused because of .(1) personal sickness or injury, or (2) other
extraordinary circumstances. beyond the control.. of the employee .proven to
the satsfact~n of they City Manager which, cannot be corrected in time for
him. to meet, his employment obligatifln.
5. Observance by an emphyee of a designated religion's event may be granted,
if practical, with at `least seven (7) days priDr. approval required for
such leave.., 'under the following methods
1. Time charged to accrued vacation allowance;: or
2 . Time off without ~ pay
SECTION 30
IN;DU`STRIAL INJURY LEAVE
WOR'KERS' COMPENSATION
1. Benefits shall be payable in situations where em,phyee absence is due to
industrial injury "as provided in, California State. Workers' Compensation
Law, T,he, amount of disability payments paid to the, injured employee -shall
be deducted from salary ,payable to the employee while on sick leave .
During the first ten (.10;) calendar days of absence for indu~al
disability.,: the City will pay employees an amount which when added to
`their .Workers" Compensatsan benefit will equal. their regular salary rate.
This; supplemental. amount, shall not be deducted from the employees sick
leave benefit. In the case of absences beyond ten (10) working. days, the
employee shall be entitled to use two hours of sick. leave .per :day to
.supplement. workers compensation. benefits. T'he .injured employee may choose
receive workers' compensation payments only., .without.. City payment for
salary at no less of sick leave.. Sick 'leave for industrial. injuryy shall
not be allpwed for .a disability resulting from sickness, self-irifli~ed
injury or willful misconduct.
26
DETE.RMIN!AThO.N OF INDUSTRIAL DISABILITY LEAVE
2. Except as other-wise limited by this Sectzpn, the. amount of industrial
ds"ability income available to an eligible employee shall be determined
by multiplying ~the..number of hours, not to exceed eight in a calendar
day nor forty in a calendar week, of time lost- from work because of
the disability, times the employee's hourly rate at the time the injury
occurs.
NOTICE AND PR00'F O,F INDUSTRIAL DISABILITY
3. No industrial disability leave shall be permitted unless the employee's
superintendent. is, notified of the nature of the disability and the
probable duration: thereof as soon as possible,,. b.ut in no event later than
the conclusion of the current work day, except when the failure to notify
is due. to circumstances beyond the control of the employee. The injured
employee must complete a notice of injury form within -the tune limits
stated..
4. In all cases on .returning' to work an emplr~yee claiming, or having
received, industrial disability leave must certify on a. form provided by
the City as follows;:
1. T:he nature of the industrial disability which prevented him from
working, including time, dates, and ciircumstances, and whether or not
under the care of the City's physician. .
2 . The amount of time .lost from work in hours because of the disability .
3. The name of the. individual to whom. notification of the accident was
__
given. or the: reason notice was not given .
4. A release from 'an approved :State Comp physician stating that the
employee has recovered and is capable of~ retuning to work.
5. In the event that facts and circumstances .indicate that the employee
may not be eligible. for industrial disability leave as claimed,
evidence of industrial. disability may be requested such as a
physician's statement of the industrial disability.
6. Arbistrary failure or. refusal to follow accepted medical practice in
treating a disability .shall ~be reason for discontinuing. or
witYiholding industrial disability income.
SECTION 31
LEAVES OF ABSENCE WITHOUT PAY
METHOD OF REQUESTING LEAVES OF ABSENCE
1. An employee who d"wises a leave of absence -from work without pay shall
file a written request. with the Department Head .on forms provided by the
Personnel Department, 'stating the title of his position,, the beginning
27
and ending date of the requested. leave and a ;full. statement of the
reasons •for such request. The Departure"nt Head may grant. or deny such
leave for. a ,perifld not to exceed: three• work days'. Request for additional.
leave must be submitted in the same manner try the City Manager..
GENERAL CONDITIONS
2. During a leave of absence,, an employee will not` accrue vacation nor be
eligible for any payments' 'for time off work as provided by this agreement.
3. .Subject to and 'consistent with the Group -Health and Life Insurance Plan,
coverage may be contisiued during a 'leave of absence without pay provided
direct payment of the tr~tal premium is made by the employee in a manner
prescribed by the City.
4 . D using a leave of absence,, both the City's and the emplflyee.'s
contributions to the Employees' Retirement Plan are discontinued and
benefits do not accrue., nor can they be withdrawn, nor are they forfeited.
PERSONAL LEAVE
5. An employee. for personal reasons may be granted. a -leave of absence without
,pay by the City for a period not to exceed three. (:3) months.. T.he leave
may be extended for. additional periDds, but in no case shall a leave and
extensions exceed six. (6) ,months. A leave for personal reasons as
herein provided may riot be used ~ extend or compound a leave of absence
granted under any other provision of this agreement.
MEDICAL LEAVE
6. An employee who (1) is unable to work because of non-industrial
personal sickness or injury, or (2) has exhausted sick leave .and
vacation payments, may be, granted a leaver of absence without pay
upon. request iri writing .and the furnishing of satisfactr~ry evidence of
sickness or disability. The: .evidence of .disability may be furnished by
any person ha~in,g clirect knowledge of the sickness or disability. The
leave of absence: availl~ble pursuant to this paragraph contemplates a
short term leave which.. is agreed to be a period of one calendar month
or less.
7. .For continuing clisability, extended leave of absence without 'pay may
be granted for a period' u•p tra six ('6) months unless further extended
by the City. In no event wi]l an extended leave of absence without
.pay exceed one (1) year. The amount of extended lease: of absence
granted pussuant too this paragraph shall be dependent upon the
employee's furnishing satisfactory proof of disability, a showing; of
receiving continuing and appsopriate .medical treatment, and . the
furnishing of a phy ician's opiniDn tYiat leave of absence is warranted
for medical reason and that his prognosis is that the employee will be
physically fit to perform his duties at the end of the requested leave
of absence. - In the .event the employee's physii-ian's prognosis and
report is 'equivocal, .the: City may request its physician to submit his
independent report.
28
i~
8. In order to be eligible. to return, to active. employment, the employee
returning from a medical, leave of absence must provide,, at ]fast
fourteen (14) 'calendar' days prior to the end of leave, a statement from
the em,ployee's physician releasing the employee to return to work. If
the employee cannot return to his. former 'position;, he will be placed in
an eligible category for a classification for whch he has the ability tD
perform the work':.
9. The City, at its option and without cost to'. the employee, may require
that a physician or physicians of its choosing examine the employee
before returning :him to active employment.
SECTION 32
ANNUAL MILITARY DUTY
1. An emphyee may be absent on military leave as authorized in Section 395
through 395.8 of the: NLlfary and Veterans Code. of California. .The
employee shall;, .furnish to the City Manager satisfactory proof of his
orders to .report 'for duty and of his actual servile pursuant to such
orders... Employees wil.Yi less than one (1) year City service shall take
such leave without compensatis~n from. the City or as provided in the
Military and Veterans Code. Armed Forces reserve or national. guard base
pay shall be offset- against uch pay.
2. If an employee receives. vacatis~n pay during a period of training or
service, he shall. not be eligible for the military leave provided by this
articcle for that period of time for which 'he receives vacation pay.
.SECTION 33
ALLOWA$LE COMPENSATION WHILE, ON D,U.TY AS JUROR
1. Every classified .employee who serves as a trial juror' or is compe]]ed to
appear- on behalf of 'the City under service of process,. shall be
entitled ~ be absent from the employee's duties with the City during
the period of such service or while necessarily .being present in court
as a result of such call.. The employee shall.. be paid the difference
between the employee's full salary and any payment 'r-eceved by the
` employee, excepting travel pay, for such duty. However, such: time
.shall 'not be considered as time worked for purposes of Section 12.
2. Fore the purposes of this .Secf~n, time ..served, as a juror or as a
witness.., compelled to appear on behalf of the City'' under subpoena,, by
ari irregular -shift employee shall be paid time not to exceed the
29
;'
number of :hours the employee. would have worked on uch day.
However, such time shall not be •considered as tune worked. for
purposes of Sectifln 12a. It is the intent of, this Section to allow an
employee compelled by' law to appear as a juror or witness to compute
that tune as ;a portion of the employee's work ;day so. that the employee
will not be required, to' appear in court. under ervice of process and
also work a hift for the City during one twenty=four' (24) hour
period .
SECTION 34
MEAL AND REST:PERIODS
1. All employees shall lie granted a meal period of thirty (30) minutes during
each scheduled work shift;. except for, employees who work other than the
regular day shift. •The designated thirty (30;)'minute meal period shall be
without pay.
2. There shall be granted•a rest period at a time,; place and manner that does
not interfere with tre efficient operation ,of tYie Department. Such rest
,. period shall be, with pay and shall not exceed fifteen (15) minutes for
each four (4) hour-s of work. The rest period: is intended to be a recess
to be preceded, and followed by an extended work period. Consequently, it
may not be used to cover an employee's late arrival to work or early
departure, to extend tYie meal period, nor may.`it be regarded as c«nulative
if not taken.
SECTION 35~
COMPENSATORY TIME OFF
1. Employees may receive,. in lieu of being paid for overtime, compensatory
time off..
No employee may.earn.more than. two hundred forty (24'0.) hours of
Compensatory Time Off per fiscal year.. In addition,,, no employee may
retain on the books more than two Yundred forty hours of unused
Compensatory Time at any :given point during the fiscal year. Amounts
submitted in excess of these limits shall. be paid at time and one-half.
The employee may take Compensatory Time Off up: to maximum of 'five ('S) days
as a time selected by the employee, subject to the~operatonal
requirements of the City and with :approval determined by the City.
All accumulated compensation time as of June 30,, 1987, but for thirty-two
Hours., will-be paid to the employee by the City. .All accumulated
compensation time as o;f June 30, 198,8, but for forty hours,. will be paid
to the employee by the City.
SECTION 36
B(XV(JS HOLIDAY.
The City of Petaluma and the Petaluma Employees'' Association agree that for the
term of this Memorandum of Understanding an employee who does not lose any sick
leave during the period between July 1, and June 30, will be awarded one (1)
bonus holiday during the following Fiscal Year.
30
<J.
~:
a~
PROCIDURES
3i
J-
~1
1~
SECTION 37
NEW OR CHANT CLASSIE.ICATIONS
1. In the event a new classification is established; the City shall assign it
to a pay grade based `upon the work to be performed after comparison with
other classifications..
2. The City shall, provide the, Association with a written classification
descrption:of'the new`or changed classification which shall describe the
content sufficiently to identify the classification.
3. Upon receipt o,f'the City's description, the Chief Steward of the
Association, or his designated representative,,. shall be afforded an
opportunity to. discuss the new or changed classification and assignment to
the pay grade with the City Manager or his representative. If the
Association does not request a, meeting within five (5) calendar days of
the~recept of the City's recommendation, if shall be deemed to be
approved by the Association.
SECTION 38
SENIORITY
STATENIEN~I' OF PRINCIPLES' OF SENIORITY
1. In the event of any reduction in the work force., the City will apply the
principle of seniority, merit and ability .;being'equal,`and the last
employee hired. shall be the first laid off:. In rehiring, the, last person
laid off shall be the first rehired. A complaint regarding compliance
with this section shall be a subject for grievance: In .rehiring former
employees,aaid off under this Article, the: City shall offer reemployment
in the order of seniority to such former employees who at the time of lay
off were performing services essentially the same as required for the
vacancy, provided tYiat the period of lay off has not exceeded one (1)
year..
2. In shift assignments, the City
of employees and to seniority;
responsibility and authority '
qualifications,. and the. method
.job,, shal'1 remain we_sted in th
IlJSS OF SENIORITY
3: Seniority, shall be terminated
a. Resignation
b. Discharge for cause
c. Retirement
d. Failure to :return to work
after notice to return by
addressed to the. employee
City Personnel Office
will give consideration to the preference
provided, however, that final
in job assignments, the determination of
of determining the qualifications for any
e City.
by:
from layoff within seven (7) calendar days
certified or registered mail or by telegram
at his last known address on file with the
32
!,
J
lA
e.' Absence from work-.for-.three (3) consecutive marking:days without
notifying the City, except when the failure: to notify and; work is due
to cir-cimistances beyond control of employee.. After such unexeused
absence, the Giay shall send written notice to the employee at his
last known address that he has lost his seniority, and his employment
has been terminated.
SENIORITY LIST
4. The City shall prepare and maintain a seniority list 'which shall. show the
names, classification title, department, and seniority date of all
employees. The ,Association (Petaluma Employees Association) shall be
given two copies of-the list within thirty (30:) calendar days after the
date of this Agreement.,.. and thereafter a current list every six months.
5. A seniority list, including the same information, shall be maintained for
each department. This list shall be available for .inspection by the
employee or his steward.
6. These lists shall be deemed correct as to an employee's seniority date
unless the employee, or the steward for the employee, notifies the City to
the contrary in writing within five (5) days after a list is given to the
Association. '
SECTION 39
PROMOTIONS
PROMOTIONS
1, ,Except for those positions not requiring written examinations;, promptions
in the City service shall be based on a compettve;examination and
:records of efficiency,, character, conduct or other generally accepted
qualifications deemed necessary or reliable in obtaining a passing grade.
The City will give significant consideration to the performance of the
.employees, seniority,, physical fitness., and ability to perform the work.
Lists shall be created and promotion made therefrom in the same manner as
.prescribed for original appointments.
2. Whenever practical, vacancies shall be filled by promotion, .The rules
covering :promotional examination shall be the. same as-those governing.
original entrance examinations.
NOTICE OF F~AMfiNATIONS'
3. Notice~of examinations shall be printed and-shall be posted, on the
official bulletin boards of the City and may be; advertised by any other
means chosen by the Personnel Officer. Public notice shall be posted at
least five (5) days 'prior to the final filing date, and shall contain the
following information.
a. The title and rate. of pay for the position to be filled;
b. Some typical duties to be performed;
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c. Minimum qualfc"ations required;
d. Tlie~method of securing application 'forms and the final filing date on
which applications will be accepted;.
e. The relative. weights. assigned to the various parts of the
examination;
f. The min-imam passing score.
4. In addition to the_posting and any other advertising that. takes. place .for
position a5 outl'i'ned in the above paragraph, a copy of the. notice. will. be
sent to the Association for those positions in the work unit which they
represent.
5. Employees who have successfully passed an examination for a higher
position, and have been certified for the higher position, will be deemed
to qualify for positions with lesser qualifications and-may be certified
to the lesser positions, provided no lists exist for the lesser positions.
6. In the event that an applicant accepts a lancer classified position:, he
will be allowed to remain on the eligibility list for higher
classification until the list is abolished.
,SCION 4'0
TIIMPORARY APPOINTN~]TS
1. It shall be the policy of the employer to avoid :temporary appointments
whenever possible, unless failure to do so will seriously hamper the
success of City program. Under such circim~stances and when sufficient
time may not be taken°to fill a permanent position. through the normal
;procedure, a tempor-ary appointment may `be made.:. Ea~loyees receiving
temporary appointments shall be required to qualify by the normal
selection procedures to become a probationary employee in that class
within sixty (60) days.
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2. During any per-i;od'in which employees; are being considered for promotion
and during ariy posting period,,. it shall be the policy of the employer to
avoid temporary.'employment to such positions, unless the failure to make
appointments, to such positions would seriously hamper the success of the
City program. 'Under such circumstances and when sufficient time may .not
be taken to: fill a permanent position through the normal procedure, a
temporary appointment may be made.
SECTION 41
TRANSFERS BETWEEN SECTIONS
SHIFT CHANGES WITHIN A WORK SECTION
1. The City Manager may authorize a change for an :employee from one position
to another in the sane or comparable. class of work.wher-e the same general
type of qualifications' are required for entrance to such a position.
TRANSFERS
2. When:an employee within his own classification :and work section wishes to
...
change from one shift to another shft,,Yie shall file a request for
transfer identifying the shift he is in and tfie one he chooses to transfer
to and file it°with.the Personnel Officer..
3. Request for transfer from one department or work section to another-
department or work section having a different jurisdiction or different
function shall. be filed with the Personnel. Officer and shall be done only
with -the consent of both department heads involved, unless such a transfer
is ordered by the City Manager for purposes of economy or efficiency.
4. Any person, transferred to a different position shall, possess the minimiun
qualifications for that position.
5. An employee who :has, been transferred pursuant to h%s_request or who has
been promoted and not returned to his former classi:fieation, need not be
considered by the City for a subsequent transfer or promotion during the
six month period following his transfer or proinoti:on.
6 If the employee has-filed mere than one request for. transfer, only the
most. recent of Yii.s requests will°be considered by the-City for .;making a
transfer. Such transfers will be considered only if-the employee.
possesses the minimum qualifications for the position..
SECTION 42
PROBATIONARY EMPLOYEES
1. An employee is a probationary employee for his first si_x months of employ-
ment in any classification. In the event of a~prompti:on of a permanent
employee to a higher classification, the six nipnth probationary period in
the higher classification will be reduced. by one day for each two days the
employee .had worked. in temporary assignments in that higher classfica-
tion. Periods of absence exceeding five (5) working days shall not be
counted toward completion of the probationary period.
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2. No matter concerning 'the discipline, lay off or termination of a
probationary employee shall-be subject. to the grievance procedure.
3. An employee who has been promoted but does not: successfully pass his pro-
motional probationary period of six (6) months, hall be reinstated to the
position which he held prior to the promotion.,
4. Upon an .employee r-eque"st within a one (1) month. period following a
promotion, he shall be returned to a regular job. opening in the N" ~"
classification ;from which he was promoted, at the pay rate from which he
was"promoted from, .but in no event shall `he ,be held in the promotional
position over one (1) month following his request for renstatement in the
lower position.. Upon; reinstatement to the former ,position, the employee's
name will be rei-oved from the promotional eligibility list.
SECTION 43
LAYOFF AND RECAI~, PROCEDURES'
LAYOFF PROCEDURE
1. When employees are to be laid off, the following, shall be the order of
layoff:.
a. Temporary employees.iri the affected classification shall be removed
first.
b. Probationary employees in an affected classifications shall be
removed next.
c. The employee with the least seniority in an affected classification
or ,department shall be removed provided. that the. City Manager may do
partment or work unit and
otherwise in order to maintain a balanced de
to maintain :employees in the classification or.depart~nt who have
the ability to`perform the work, available.
RECALL PROCEDURE
2. An employee who. has~been laid off .or transfer-red as a result of a,
reduction on. the work force shall be recalled to work in reverse .order in
_. .
which the employee waslaid off or transferred, conditioned upon the
employee's ability to per-form the work available and that the,priod of
such layoff or transfer figs not exceeded one {1) year.
3. When. employees: are returned. to work after layoff,. employees shall be
recalled in reverse order in which the employees were, laid off. The
employer_sl~iall send by registered mail. to the employee's last .known.
address notification that the employee is'be%ng recalled. The employee
shall return to wor-k' within seven '(7) days of the date of .mailing.
Failure to return after notice shall be"grounds. for discharge and total
loss of seniority.
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SECTION' 4,4.
RETIREMII~T PLAN
1. During the term of: this agreement., the :City shall continue membership as
an agency under contract with the State of Cal'foma Public Retirement
System in accordance with and subject to the provisions of the State
Employee Retirement Law.
2. Each pay period all permanent and probationary employees shall have
deducted from his earnings a retirement contribution at a percentage rate
established by the Retirement Law.
3. In the event of death or retirement, an employee who has completed ten
(10) years or more with. the City shall receive.fifty'percent (50~) of his
accumulated 'but unused sick leave, not to exceed sixty (60) days.
4. The City will modify =its' contract with PERS to~
' implement the following
options:
a. Sick leave.credi€.
b. Last year compensation.
SECTION 45
DISCIPLINE
1. The City should not 8ischarge or take other disciplinary action without
just cause.. If'the City-has reason to reprimand an employee, it should be
done in a manner that will not enmbarrass the employee.
REINIBURSEMEN'.P FOR LOSS OF .BENEFITS
2. In the event an. employee is disciplined or discharged and an appeal is
made as provided in the Rules of Appeal of the Personnel Board in the
Rules and Regulations of the City of Petaluma, and such appeal results in
a decision favorable to the eiriployee, he shall be„reinmbursed for loss of
pay or fringe benefits,. as recommended by the Personnel Board.
SECTION 46
C~ZIEVANCE PROCEDURE
PURPOSE
1. The grievance procedure shall be used to process and resolve grievances
arising out of. the interpretation, application or enforcement of the
express- terms of this agreement. It is the purpose of this procedure to
resolve grievances at the lowest possible level and to provide :for an
orderly procedure for reviewing and resolving grievances promptly.
2. An attempt shall be made to. ascertain all facts and adjust all grievances
on an informal basis between the employee and:, if he desires,. his
designated representative and :a supervisor in the employee'-s chain of
canmand up to and including his division head. Presentation of this
grievance shall be made within ten (10) working days of the incident
causing the grievance.
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3. If the grievance, is not adjusted to the satisfaction of the employee
involved within five (5) working days after the presentation of the
grievance,, the grievance shall be sul~nitted in writing by the employee
and/or'hs designated representative to the Department Head with a copy
thereof to the Personnel Officer within the next ten (10) working days.
In every case the. grievance must be signed by the employee. The
Department Head shall meet with the employee and/or his designated
representative within five (5) working days of the. receipt of the written
grievance and stall deliver his answer to the employee within .five (5)
working days after the meeting in writing.
4. If the grievance is, not adjusted then, -the, Personnel Officer shall meet
with the employee and/or his designated representative within five (5)
working days of the receipt of the written .grievance and shall deliver his
answer to the employee within five (5) working days after the meeting in
writing.
5. If the grievance is still. not adjusted, or if the. parties fail to agree on
the adjustment of the grievance, a request may be made in writing by
either party to the Personnel Board to settle the grievance. Such request
must be made five (5) working days after the Department. Head's. or the
Personnel Officer's response is given to the grievance.
6. The Personnel Board's decision shall be submitted to the City Manager for
determination. The Board shall not have the power to add to, delete, or
alter any provision of this agreement, but shal`1 limit its decision to the
scope., application and interpretation of this agreement.
7. At any step in the grievance procedure, the .employee may at his election
be permitted to have a Shop Steward or other Association representative
present to assist him in the presentation of his grievance.. The Associa-
tion may designate the Shop Steward and. shall :notify the Department Head
and the City Manager of the appointment. Should an employee elect to pre-
sent agrievance in person and without participation of any Association _
Officer or Shop Steward; this is expressly allowed. No grievance appeal
shall be considered at any Level unless filed in the appeal periods
provided in this article.
.SECTION 47
EMPLOYEE JOB TRAINING
1. Any training required by the City .will 'be subject to the Fair Labor
Standards Act. Books and tuition will be paid for by the employee.
SECTION 48
SMOKING CESSATION PLAN
1. The City agrees to provide any member of the Unit up to '$50.00 for-
completion of a smoking cessation program; upon receipt of a certificate
of completion..
SECTION 49
WORK BOOTS
The City shall pay '$.37.50 per year for work boots upon receipt being
provided to the Personnel Office..
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MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF PETALUMA.
Ana
CITY OF PEI'ALUMA EMPI~UYEES' ASSOCIATION
This docLUnent represents the final and complete Agreetr~ent resulting from the
1988/89 N~et'and Confer sessions with the City of 'Petaluma Employees'
Association, Unit 2.
Representatives of the City and. Unit 2 acknowledge: that they have fulfilled
their :mutual and respective obligations to Meet and Confer under the
Meyers~Ilias-Brown Act.. As a result,.the parties YiaVe come to a mutual
understanding which the representatives of the G.ty and Unit 2, who have the
approval of .their members, agree to recammena for acceptance and approval to
the City Council of the City of Petaluma.
The; parties of-fix their signatures as constituting mutual, acceptance and
recoirunendation of this Memorandum of Understanding to became effective July 1,
1988, upon acceptance and approval of the City Council.
CITY OF PETALUMA EMPLO ' ASSOCIATION
~~
CITY OF PETALUMA
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