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HomeMy WebLinkAboutResolutions 85-191 N.C.S. 06/17/1985. _ ,. / ~ '.~" • i!'y,~~ . ~~iSO1uf1~Y~ N~. 85-:19.1 N. ~.. S. of the City of Petaluma, California RESOLUTION RATIFYING MEMORANDUM OF UNDE~RSTANDING EXECUTED BY THE DULY AUTHORIZED REPRESEN;TATIVES OF THE CITX OF PETALUMA_AND THE CITY OF PETALUMA EMPLOYEES' ASSOCIATION FOR EMPLOYEES; IN UNIT 2 (MAINTENANCE) r ~ L~ WHEREAS,.the City, through its duly authorized representatives, and the~City of Petaluma Employees' Ass,ociation, through' its duly authorized representatives, have:concluded their mutual obligation to meet and confer in go.od faith with respect to terms and condi,tions 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.G.S.); and, _ } WHEREAS, fhe duly authorized represen.tatives of the City and ~l the City of Petaluma EmpToyees' Associafiion have executed a Memora ndum of '' Understanding (June 20;. 1985:) pursuant to Section 15, Resolution No. 5512 N.C.S. and recommend 'its approval by the G'ify Council; and, '' WHEREAS, the City Manager, pursuant 'to Section 28, City of Petaluma City Charter, and as the City's Municipal Employees' Relations Offiaer (Resolution No. 53'74 N.C.S..) is requir,ed.and empowered to make a recommendation to the City Council on matters related to employees' compensation; and, WHEREAS,, the C=ity Manager has reviewed and concurs with said Memorandum of Understanding for Unit 2 and does recommend that the City Council ratify said Memor:andum of Understanding. NOW, THEREFORB, BE TT RESOLVED that said Memorandum of Understanding, being in the best inter,est. of tlie .Gity, is ratified and the terms and cond-itions of said Memorandum of Uriderstanding (as aCtached) shall be effec,tive Jul.y l., 1985, through June 30,:;.1986. During this period fhe City of Petaluma wi11 be making contributions to the retirement plan o,n 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 Cit,y. I hereby certify the ~foregoing Resolutiom was iritroduced and ad`opted by the Approved s Council of the City of Petaluma at a(Regular) (Adjourned) (~) meeting fO ~ on the :_.__. 24th------ day of ....._..----June-.--•-•. -..... .. ..~ is.._85, by the - -- • •- ---~-- ~ followirig vote: ' ~ ,. ' ._....-•------- -•----• . .................. ~ - : Ci y orney AYES: Ba1"shaw/C " " agh/Davis/Tencer/V.M.Bond/Mayor A~attei NOES: None ABSENT: `"; ' - . f,~ -• •...-••-- • •--•.... . ._... ..... .. .---• .. ..... ....... . .. ... ... .•• ••• - ••........__.. .._. .... AZ':TES'~' . .. ... - , . „ / "'~-~•-- •---• -•-•-• City Clerk Mayor " ' • Council Fil ..- -°• --•°°• - . ~o~,~cn2;~isi; . x~.No, 5-~~~ N..C.S. ;: , _ Ir; _.":y.,~ . N~1v~RAl~IDL~v1 'OF [.Il~]DERSZ'Ai~-IDING Between ~ CITY OF PETAI~I~v1A ana CIT'Y OF PETALLMA F1VIl'TAYEES ASSOCIATI~I ;- , ...~ Thi s doctunent repr;esent's the f inal and cocnpret'e Ag-r~eerient resul t ing fran the 1985-8,6 'Mee.t and Confer sessions with- the Cify of PetalLm~a F.rnployees Associat`~ion, Unit 2; Representatives of the City and Unit 2 aclmowl•.edge tha.t they have fulfilled their mutual and respective 'obligations to 1Vleet. and Con-f.er urider tlie Meyer:s- Milias-Brown Act. As a r-,esult, the part}ies Yiave carie to a`inutual understanding which the,r.epresentatives of the City and Unit..2,, who.have the approval of thei'r members., agr-.ee ,to reeor~rr~end for acceptance and approval to the Ci ty Counei 1 o,f the Ci`ty o-f .Pe`tal~. The parties affix their signa,tures as constitut:'ing craztual, acceptance and reco~niendation of th.is -Memor.a.ridiun of Understanding to becoane effective July 1, 19,85, upon acceptance arid approval of the Ci-t,y Council. ~''Zo•~S' CITY OF PETALL]MA ~ ~ ,~ ~ V' G•Zd'~~' G • aa • Ps~' ~~ ~ ;}` ~ TABLE OF' Q~NTFJ,~TTS . AR'I'ICLE P-RF~I~E 1 RDC?~QVITTON' 2 DEFINITIONS 3 ASSOCIA'TI~I SF~Gi:~t+ITY ~ 4 DtJES Q-IECK ~`E 5 ASSOCIATION RIC~fi'S , 6 GINII~L, PRCNISIQVS 7 Q~IEUAI~K.~ P~JRE 8 DISCIPLINE 9 Iv1F'~1L & - RE~SF PFFRICD5 . 10 GLA,.SSIFICAT'IONS AI~ID .WAGES 11 RETIRIIv]EIVT' CJONT~tIBLTi'I~I 12 CR7IIZTIME . 13 C,AL~ti BACK' PAY 14 STAND BY PAY 15 RATES OF PAY ON' ziZAN5FE~2 ' lb SINIORITY 17 P~ATI(~1ARY IIvII~I.IJYEES. 18 LAYOFF AND, .RDCALL P~]RES 19 PRaV~7I'IONS 20 SIQ~ LFAVE 21 INDLTSIRIAL INJLIRY LF:E~VE 22 I-~LIDAY5 . 23 VAC~TION5 2:4 AL~I~OWABLE CX~VIPINSATI~i Wi=iII~E ON I~IY AS . A JUROR `25 ANNC1PiL MILIT'ARY DUIY 2 (i (7ZHF~ft LFAVES OF ABSINC~. 27 RETIRIIv~Ir PLAN . 2 8 `I~iVITNEIT`TON PAY 29' ~IEAI~'IH AND LIFE :INSCIRANGE 30 I~CXVG-TERM DISABILITY ~ 3"1 5AFETY 3 2 F1vIPL,C~YEE JOB' 'IlZAINING 33 SEVIl~ABILITY CLAiJSE AFPFI~IDIX.A: Hourly.Rate Wage Schedule Z i' PAGE 4 4 5 5 7 8 9 10 10 11 11 11 12 12 13 13 14 15 15 18 20 21 22 23 24 24 26 27 27 28 28. 28 28 3,0 . 7 "r ~ FRFAIC~I~E Th'is AQ2EII1~Tr entered in.to by the CITX OF PETAL,LIVIA, hereina•ft:er referred to as . the Ci ty, and, Ti~ CITY OF. . PETAT~L~V1A FMPL~OYEES AS90CIATICiV, here ina f t er re f erred to as the Association. The parties hereto.desir.e to confirm and ~:iri.tain the spirit of cooperation which has existed between the City and its em~iloyees:. The Association and the City wiTl,strive to prornote a haYmonious relat:ionsh:ip between all parties to this agreeqnent that will r.esult in benef,its to the:Gity's operations and its err~Ioyees, and provide con;tinuous and tuiinterrupted services. Both parties agxee to the es~tabl.isY$iient of an equitable and peaceful procedure for the resolution of dif;ferences; and the .establ'isYunent of rates of pay, hours of work and other tem~s and conditions o;f e~nployment. The use,of the masculine or feqninine gender in this Agreement shall be construed as incTudi-ng both genders and not.as sex"limitations. 3 : (, . '.. ARTIGLE 1. R~700C~TITI~1 DE,SCRIPTION OF L~1IT l. ;For the purpose:of nieeting and conferring.with respect to,wages, hours, and conditi.ons:of eqr~ployment, the City to fhe extent pem?itt'ed by law, recogni;zes the Association as the representat'ive.for all e~loyees who are ~loyed ~in and ass"i:gried to the job classif`i.cations which in the aggregate constitute the City's work Unit Ntanber- Two (2) (Maintenance). ~IQ,E` 2 DEFINITI~tS' 1.. The texms '!~nployee!' and "er~loyees° as used in this agreement, (except where the agreemenf c,learly indi•cates otherwise)' shall mean only an e~iloyee or eri~iloyees within the uni:t. described in DESERIPTION OF UNIT. 2.. The te,rm "teqnporary" sha..ll mean any indiv,ielual or. individuals whose ~loyment,is l;imited in duration. . 3. The term "ful.1-t,ime~ernplqyee" shaTl mean an e~loyee whose normal schedule of work is forty'(~40:) hours per caleridar week. 4. The texm "part=time employee" shall meari, an ei~il,oyee whose noxmal schedule of work is less 'than twerity (20) hours per ca:lendar week. 5. ~'Calendar :day°' means the twenty-four (24) eonsec.uti~e:hour period beginning at rriidni~ght, and ending at midnight the following day. 6. "Calendar work week" ri~ans.a consecutive 7-day. Beginning at 0001 day 1 and continuing uiitil 2400 168 hours later. ~ 7. "Normal. work we.ek!' r~ans any five ('5) corisecutive calenda:r days within a calendar work week. ' 8. "Seriiori,ty" means unint,errupted ecr}~loyment with the City beginn'ing w'i'th the lasst date~ hi~red by the Ci'ty and sha11 include periqds of City ~ er~ l oyment ou~t s i de tlie Un'i t,. but sha~l I exc l;ude per i ods o f l ayo ~f f and leaves.o_f absence, except medical, iri excess of 30 consecutive days, -;incl•ud'irig the f;i~rst 30 days of sueh absence. 9. An eanployee i~s a~'prol?ationary err}~loye.e." for- -his f.'irst six (6) months of emp;l.oymen~t. Periods of absence exceedirig,five {':5j working days shall no;t be ~o;~tea to~ras c~npletion of the probationary period. 4. r , . ARTICLE 3'- ASSOCIATI~V SDQIRITX 1. It is the intent af this Articl~e to provide for the regular dues of Associa~t:ion m~nbers to be dedueted.:fr.orn .thei,r warrants insofar as pern~it.ted by law. The~Ci.ty agrees to.deduct and tr.ansmit to the Assoc:iation, dues fram all As.sociation m~nber.s:within the foregoing unit who.have signed an authorizati:on car.d for such deductions in a form agreed upon by the City and .the Association. However, tYie City ass~nries no responsibility either to the employee or to the Associ•ation, for any failur,e to ma.ke or for any error-s made in making such deductions. 2. The writ:t:en authori`zation for Association dues deduction shall rernain in f.uTl f.oree and effect, during,the Life .of the~current agreesnent between the City and the Association Lmless cancel:led in writing. 3. Upon written r,equest of the.Associati~on the Gity shall change the amount of dues ded'ucte~d from Association n~ers' warrants. 4. The Association agrees.to indexrmif.y,•de'fend arid hold the City harmless agai_nst any cla~ims made of:~any nature whatsoever, and against any suit instituted against the City arising :frexn its eheek-off of Association dues. AR'TICLE 4 DLJES Q3DCKOF'F' 1. During the life:of this Agre~nt<, and to ttie extent the laws of the State of CaTiforni.a;'permi.t, and as pro~ided in this Articl:e, the City will deduct one.mon#h's current and periodi^¢ Association dues based upon a uniform dues schedul'e fr.an the pay of each ~loyee who voluntarily executes and delivers to the City the foll,owing autliorizat_ion form: ~T~.l1VTARY AUIH~tIZATION ,~R. D~LTCI'IC71~1 OF AS90GIATI~T `DUFS ~t 'Ii-IE CITY OF PETAL.LIVIA FME'LrOYEF'_.S AS90CIATI~I Nair~ Soci~al Security No. type or ~print) • Di~y-i~s~.i:on.and Department:~ 2. T authori:ze the,City to deduct from wages earned by me mon~thly Associa.tion _ . dues.as certified to the City by the Secretary-Treasv.rer of the Associa~t;ion, and to remit the same to the Assoeiation a,t such time and in such manner,as may be~ agreed upon between the City and the Association. 5 3. This authorization and direc~tion shall r~r~,in in effect from ~ to and shall be for that peri,od o;"f;:t,ime; provided; however, that i"t ,shal.l not ex.tend beyond the term of th'is agreement., This authorization and dir.ecti,on shall be auto- mati,caTly revoked upon my termina.tion of employment with the.City: Signa-tizre of Finployee Address of Fi~'loyee Da.te of Signing , Date o'f De`T iver-y to the Ci ty 4. The following cert`i-fication form shall be..used by the Association when certifyi.ng manbership dues: _ GQ2TTFICATICiV OF SDC~TARY.-TRF,ASC1R~t _ OF 3HE AS90CTATIC~1 5. I certify that the m~nhership dues for er~ployees i~n the tmit is $ per Date Signature Secret:ary-Treasurer of the Association) Date of Del:iyery to the Ci.ty 6. Payroll deduct:ions~shall be made in equal° amount_s from each regular pay check pr,ovided, however., the iriitial dedu.ct:ion for em~5.loyees sha:ll no:t ' :begin unless: l. A proper-ly executed "Voluntary Authoriza;tion for Deduc:tion of Associat~ion I?ues'"' is on file with fhe Ci;ty, and, 2;. The atmunt of the monthly r~mbership dues cert.ified by the Secretary- Tr,easiirer of the Assoc'iat;ion has been del;ivered to the City at a ;pl~ace designated by fhe Git_y at least ten (10) calendar days prior to the last da.y of the pay period. 6 7. 'Clianges in the amount of the monthly rne~ership dues n~zst be del iuered to the City a~t: a,place :designa~ted by the Cit-y at least thirty (30:) c.alendar days pr~'ior- to the last pay day of the calendar rriorith prior to the .change becoming e~ffective. ' . 8. An eqnplo.yee may revoke hi:s "Voluntary Authorizat'ion f,or Deduction of Association Dues", only as provided:by the<texms~of his Voluntary Authori- zation. 9. A1,1 stans d,educted by the City shall be remit;ted to the Secretary-Treasurer of the Associatiori at an address given to,the City by the Association, by the tenth (.l0th) c"alendar day following'the p.ay period when the d'eductions were made:, together with a l:ist of'narr~s and the amount deducted for each er~loyee for whdn a' deduction wa;s nrade. The City wil'1 also notify the Association o# the name of each e~loyee whg revokes his "Voluntary Authoriza;tion for Deduction of Assbciation Du.es'". ARTIG[~E 5 AS.SbCIATI~1 RIQ-iTS AS90CIATION ~ AI~ID AS80CTATIQN REPRFSFiVi`ATTVES 1~. The Gity recognizes and agrees to deal with the accredited Associa.t,ion Stewards and Represent'atives of the Assoeia;t;ion in all matters relating to grievances and the interpre'tation of this Agre~nt. 2. A written 1.ist of the Officers of the Associat.ion and the Association Stewards with the specific areas they r.epr..esent, shall be furnished to the. City. No.t~ice o.f ariy chariges' of such Associat`ion.Offices or Stewards shall be prc~rnpt'ly f orwarded to the Ci ty in wr.i t ingr. 3. The numlier of ,Associ;at.ion Stewards sha11' not exeeed three. Any change in the n~er of S;tewa:rds sha11 be made by writ;ten consent of both parties. 4. Upon the request of the aggrieued e~pl.oy.ee, a Steward or Association Officer inay irivest'igate the specifie,d.grievanee,, provided it is in his assigried work area:,, and assis't in it"s presentat,ion. A reasonable am~unt of paid t;ime shali be afforded the'Steward or Association Officer while investigat'ing such grievance. In presenting sizch grievance to the City the Steward or'Association Officer shall be a1'lowed reasonable time off during regul'a~r` worki~ng hours. wi thout loss of; `pay, subj ect to prior not,'i;ficat;ion of his irrinediate Supervisor and with the concurrence of the. City Manager;. - 5. Upon request to the City Manager, a.repr,.esentat.ive of the Petaltana Fx~lo,yees Association who will tie~represent~ing 'the err~loyee in the ~ grievance procedure, may visit work areas at a tirne craztually agreeable to both part`ies for th:e purpqse of prepa_ring the case. Such vis_i:tation rights.shall be limited to a r.easonable amount of tir~ and shall not interfere with norrnal. wor-k operations. 7 6. During such visit the repr.esentat~ives:inay irispect any area relevant to the ~grievance with the Associ`ation Steward,or- his designated representative. BLTr.r:FrIN BC?ARDS 7. The City shall provide the Association with space on bulletin boards in areas where the Associat'.ion has ~nployees it represents for the purpose of postirig Associati~on not'.ices. Sucfi not"i:ces may be posted by the Steward, although no.t l:imi°ted to the~ fol lowing .noti;ces:, they ~,y include: l. Recreationa~l and social e~ent of the Association. 2. Assoc'ia.tion meetings. 3. Association elec,fions, appoiritments'. 4. Results of Association elections. 8. In ;the _event a dispute arises concerning the appropriateness and/or ar~unt of ma:terial posted, the Sfeward of the Associat-ion will 6e advised by the City Manager of the nature of the disput'e and the disputed rnaterial will be r~noved frd~n the bulletin boards Lmti1 the dispute is resolved. ARTTCLE 6. G~~2~L, PxOVISI~IS ~V-DI~IMINATIC~1 1. The City wil-1`not inter,.fere wi.th or discriminate in any way against any ~loyee by reasori of his rriembership in,, or activity required by this Agree.ment, nor- wi'll the City discourage mernbership in the Association or eneourage me.nb;ersh.ip in any other Association. 2. The Assoc;iation, in turn; r.ecogni:zes its responsibiiity as er~loyee representa~tive ;and agrees 'to repre:sent all-`e~loyees wifhout discrimina- tion, interference•, restr.aints,~ or coerc_'iori. 'Phe ternLS of this Agree~nt sha 11 be ;app l i ed equa'l ly to a l:l er~:loyees ; wi thout di scr imina-t:i on as to age, sex, marital status, religion, race, co;lor, creed, national origin, or political a:f:filia,ti,on,. The Association shall share equally with the Cify the responsibilit,y for appl-y:'ing this prov_is,ion of the Agree~nent. Na- INi'ERFIIZIIVC:~ AND 1V~I~OC~Ji' GUARAI~TI'EE 3. The Associat-ion and i.ts officials wil,l not, d:irectly or indirectly, take part in any action against or any interference: with the operations of the Ci:ty during the term of this Agreerrient. 4. The Gity shal.l. not conduct a lockout of its e~,loyees during the term of this Agreement. SPDGIAL QONF'II~IIVCES 5: At the r.equest of either the Assoeia:t'ion or the City, conferences shall be held;for the purpqse of cqnsidering matters of mutual interest, other than grievances under consideration in the grievance pro,cedure, provided that 8 mutually acceptable arrang~r~ents as to.t;ime and place can be made. A1.1 such,conf.erences sha1.1 be,arranged'through the Steward qf the Associat;ion, ~ or- •liis desigriated ;repre;sentat':i:ye; and a desiagnated r..epresentat'ive of the City Manager. Representa~tives of the Association, no,t to exceed.two (2), sha1,1 not suffer l~oss of `t'in~ or pay wYien absent from their normal schedul'e of work°for the purpose of a.t~tend"ing a conference. Confererices may be a'ttended by representa.tives of Petallm~a Fxr~loyees Associat;ion. Benefit plan review arid proper classification assigranent will be appropriate sub:j'ec;ts for conferenees. Tt is tinderstood 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 Agree~nent,.or- the rights of,either the Cit,y or the Association under tlie tem~ o# the Agre~nent . AF~I'IGC;E Z C~2IEVANGE PI2QC~E PLIEZP~SE 1. The grievance pro.cedur,e ;sha:11 be used to proces.s and resolve grievances ari:s;ing out of the: interpr.e.tat`ion, appl i~cat'ion or enforce~nent of the e~ress terms of thi;s agreement. Tt i-s the purpose of this procedure to resolve.grievances a~t the lowest possible leve,l and to provide for an orderly procedure fo.r ,reviewing and reso'lving grievances pro~tly. 2. An attempt, sha11 be:made ;to ascertain a11' fact-s and adjust.al~l grievances on an informal basis between the ~loyee and, if he desires, his designated r.epresentative and a st~ervi-;sor in the ~Ioyee's chain of c~nd ~up to and including hi~s div~is~ion head. Presenta,tion~ of tlii.s grievance shall be made within ten (`10) work'ing elays of the incident causing the g~rievance,. 3. If the grieuanee~ is .not ad~usted to tYie. ;sat~isfac:tion of. the err}~loyee involved within•fi-ve (:5) Working days after .the presenbation of the gr i evance, the ;gr i evance sha l l be su}sni't t ed 'in, wr i t'ing by the e~ l oyee and/or his desi`:gnated representative to.the Depart~nt Head with a copy thereof to the Personnel 0fficer within the next :ten (1-0) w~ork~ing days. In every case.the gr-ievance must be signed by the ~loyee,. The Departr~nt Head sha:ll' mee:t wi'th the en~gil~oyee and/or hi~s des'ignated representa°tive.witliin five (5) working d_ays of `the receip,t of the wri~tten gri~,evance and shall de-1'iver his ariswer to the einployee`within five (5) worki-ng days after the meeting in writi.ng. 4. I.f the gr;i evance i s no,t a.dj us ted th_e,n, the Personne l Of f'i. cer sha l l. mee:t wi.th the .e~npIoyee and/or liis desigria-ted representative w'ithin five: (5)' working days o`f' the r.ece~ipt of the wri°tten grievance and' sha11 deliver' his _ _ . ... .. , answer .tio t~he,~loyee within five {5:J working days after fhe°mee~ting in wr i`t i~ng . , 5. If. the gr:i;evance is:still;,nat adjusted, or ,if the parties.fail to agree on the adjustment..of the, grievance, a reques~t- may be ma,de in wri:ting. by either party to the Personnel Board.to settle the~grievance.. Such reques;t 9 must be made fi.ve (5) working days af:ter the Department Head's or the Personnel Officer's response is given to the grievance. 6. The Personne-1 Board's decision sha:l~l be sulsnit:ted "to the City Manager for det:enninat'`ion. The Board shal,.l not have'the power to add to, delete, or al_ter any provision of tliis agreement, but shalrl limit its decision to the scope,; application and interprefiation of this agre~ient`. 7. At ariy step in the grievance procedure, the~e~loyee may at his election be permitted to have a Shop Sfeward or other Association representa~tive preserit to assist him in the presentation of his grievance. The Assoeia- t.ion..may.designate the Shop Steward and shall. notify the Department Head and the City Manager of the appoimt~nt. Should an ~loyee elect. to pre- sent a grievance in persqn and without part:icipation of any Association Of:ficer or S1iop Steward, this i:s expressly aLlowed~. No grievance appeal sha11 be considered at ariy leveT unless filed in'the appeal periods provi.ded in this article-.. ARTICLE F8 DISCIPLINE' 1. The City should not discharge or take other disciplinary action witYiout just eause. If the City has reason to reprimand an ~loyee, it shouid be done in a manner that will not ~nbarrass the ~npToyee. REIMBURSIIV1II~ri' FnR I1J,SS OF' BINEFITS 2. In the event ari ~loyee is d'iscipl,ined or dis.charged and an appeal .is ~ made. as provided in. the RuLes of' Appeal of ;flie Persorinel Board in the Rules arid Regulations of the C'ity of Petaluma, and such appeal results in a decision favorable to the en-q~loyee;, he shal,l be reimbursed for loss of pay or fringe benefits, as recorrmended by the Personnel Board. AKPICLE 9 IvIE',AL AND -RESI' PERICDS 1. All, employees sha;ll.be granted'a meal period of thirty (3D) minutes during each schedu„1`ed work shift; except for e~loyees who wor-k other ~than the regular day shift~,. The desigriated_ thirfy (30) minute meal period shall be wi thout ,pay. However, i f. an emp°l oyee i~s'r ;requ'i~red to work mqre than f'ive (5) consecut.ive hours without a~al peri~od dizring a regular work shift, the enpLoyee sha'11 be paid at the rate of_t:ime and one-ha.l:f. (1-1/2) for all ~time worked i-n excess of five (5) hours unt'il such time as the ~nployee recei'ves a trieal period. 2. T1ze.City shall pay $6.,00 to an er~loyee who is requested and who does work two (,2 ) hours beyorid the ~ l oyee' s noxma l. qu, i't t ing t.ime and ha:s been prevented from ea~t°ing„ a meal af ter sia.ch ,qui t=t ing t icne. 3. Ther.e shal.l be granted a rest period.at a time,, place and manner that does not interfere wi,.fh tlie: efficient opera:tion of tFie Departmerit. Such res;t: peri:od shall be wi,th pay and sha1.I not exceed fif~teen (15,.) minutes for each four (4~) hour,s of work. The rest perio`d.i,s intended to be a recess: to be_ preceded ,and followed by an extended work period. Conseqtient=l~y, it.. 10 ; to.be preceded and.fallowed b,y;an extended work period. Consequently, it may no,t be used to cover an ~loyee's la~te arrival to work or ear-1y departure, to extend the meal period, nor may it be regarded as cLUrnzlative i.f no:t taken. ARTIGLE 10 Q~A.SSIFICATION AND WAGF;S WACrE S~L7I.E 1. Wages sha.ll be pai,d in accordance with the wage schedule set forth in thi~s agr.e~nent in Append"ix A. 2. The.pay grade as'signed to each existing classificat.ion and the pay grade assigned to,each new or changed classif'icatiori shall r~nain in effect during the term of t_his agreeqnent unless the job content of a classifi- cation is subs~t'a.ritially changed. N~V OF2: Q~ANGFA C~.ASSIFIGEITIONS 3. In the event.a new cl~assif,ica:tion i;s established, the Gity shall assign it to a pay grade based'upon the work to be per-.foxmed after cosnparison with other classif:ica"tions'. 4. The City shall provide the Association wi.th a written classification descript'i:on of the.new or chariged c:lassif;ication which shall describe the content suffi•ci.entl.y to .identify the classi"fication. 5.. Upon;rece:ipt. of the City's descript:ion, the C~iief Steward of the Assoc.ia- tion,, or his designa,ted representative, shall' be af.forded an opportunity to.'discuss the-new or changed class:i:ficati,on.and assig~.~nt to the pay g•rade with the City Manager or his representative.. If the Association does not request a`meeting within five (5) calendar days of the receip:t of the:Ci:ty's reconmenda.tion,. it shall be de~ned to be approved by the Association. AnI'ICLE 11 RETIRIIvI~TT CDNTRIBUTION Ef;fect~i•ve Jul,y 1, 1985 the .City agrees to payment of the esnpLoyees' Public Frr~loyees'' Retir,emerit Sys:tem in the armunt of 2$ of an err~lo.yee's salary. ARTTC~E 12 C~7El~I'iIv1E OVEEZTTIVIE P1ZF1viIL;BVi 1. All hours worked in exce.ss of eight (:8) i-n,any one day qr i.n excess of :forty (40)' in,any work week shall be paid.for at fhe overtime,rate which shall.'be one and.one-hal.f (1-1/2) times the regular straight time hourly ra;te of pay.. Overt'ime shall not be pyramided or ca~ounded. 11 4' . . .. ._. _ .. . . . _ . . REST PERICDS DURING COVERTIIVIE ~1~CItK Z. Whenever "practical.,,; eqnployees who for any °r-eason work. beyond their reg2ilar quitting t°ime 'into the next shift wi:ll be afforded a fi:fteen (1-5) minute rest period before starting work on the next shift. In.addition, they shall be granted fhe regular rest peri.od unless an emergency s'ituat=ion occurs or exis-ts. SQ ~LTLING aVEEZTIIVlE 3. In general, overtime work shall be voluntary', provided, however, when at 1eas,t twenty-four (24) hours advance notice of an overtime assigrunent is given or wrien i.t is not practical to give advance notice, an. e~loyee will be expected to work. DISIRIBtITICIV 4. Overtime shall be di''s~tributed as equitably as~possible, wi,thout favoritism, and 'in the best interests of .the Cit,y, among .the mem~ers of the department who are qual'ified to perform and who have demonstrated the ability to perfornn overtime services efficiently. ART'IGLE ~13 C'AL,L BI~K PAY 1, An err~loyee who i's, cal:led back to work after having; c~l.eted his regular- shift and left the City pr.emises shall receive a ininim~un of two (2):hours work or two (2) hours pay, at the oyertime.rate. To the extent an ~.loyee is paid.overtime pr~nii~n pursuant to the overtime schedule listed above, he sha:l'T not be pai`d over.ticr~e premii~n under the call back section for the same t''ime worked. This paragraph shall not apply to ~loyees who are called in early for a shift, i.e., when tliey wqrk continously from the time they are called in until their regular shift begins. ARTICC.E 14 STAND-BY PAY WEII~II~ID STAI~ID-BY 1. Weekend s'tand=by, for the:purposes of this Agreement,, sha11 mean't-icrbe which an eznployee na~st be available on a call 'basis outside the er~loyee's' nom~a'1 work week =in order to be avai_lable to respond to emergency calls. 2. A min~im~un corr~ensat°ion of $35.00 pag for .each day of weekend; stand-by from 4::3:0 p.in.,, Friday, t:o 8:00 a.m., Monda.y, plus an additional allowance of pay for actual hours spent on a call out whi,;le on stand-by at the overtime ra~te of ~time and one-half' shall be paid by the .City. A min-imiun of orie hour at that "ra~te for every call or assigrIInent shall be paid'by the City. 12 ~LIDAY STAlVD-BY 3. For a City des~ignated,.fixed-date:lioliday tha.t f'aLls in the f`ive (5) day work week, a minimtml of $'3~5.;00 pay will be paid by the City to an employee on sizch ho 1 i da:y s t and-by . AF~I'ICLE 15 RATFS OF PAY ON 'IRANSEII~. 1. When an esr~,loyee 'is prarnoted, he shall be. pai~d the hourly rate next higher to his ovvn. within the pay grade for the classification to which he was pr~noted. 2. When an e~'loyee i,s transferred from orie cl,as;s.Fi,f;ication to another classification in 'the same pay gr.ade:, his hourly r.ate shall rema.in the s atne . 3. A pern~anent or pr.oba:t'ionary eriployee who is transferred to a class with a lower salary withbut' a`break in service will receive the same rate of pay he received prior to the trans'fer. Such,salary shall not be increased until the t:ime tfia:t.a~higher salary of the~class to which_he was tra.nsferred equals or exceeds h-is salary. Sueh transfer ma.y be : departmental or int,er-departmental', and,may be made by appointment fram an ernployment list,;`te~orar-y appointment, recFass"ificati.on of position., or reorgan.iza;t,ion of department, arid shal:l be in accord with the personnel rules and regiil_ations. The provi;si~:on of this ruLe.does not apply in cases of disciplinary demo.tion, d~tion in Ii,eu of::layoff, or voluntary dgnotion. ARTICL,E 16 SINTCRITY STATFI~~'NT OF PRINGIPLES OF SIIVIGfl2ITY 1. In the event of any reduction in the work f'orce, the Gity will apply the principle of seniority,:merit and abil.ity being equal, and the last em~loyee hired shal;l`be the f-i-rst laid;qf'f. In rekiring,, the last person laid off shall be the firs,t rehi~red. A c~npla'int regarding compliance with this section shall be a subject for,grievance. In rehiring forn~er er~loyees laid of'f'under this:Article, the Ci:ty shal;l offer reem~loyment in the order o~f sen-iority to such forn~er ~loyees who at the time of lay off were perfo~ning serviees essent;i;all.y the same as required for the vacancy~, provided .tha:t the period of lay off has not exceeded one (1) year. 2. In shi'f't. assi;gnn~ents, the City wil.l give: cons>idera'tion to the preference of ~aloyees arid t'o seniori..ty; pr;ovided, however, that final resporisibi.l.ity~and~authority in job assi"~nt.s, the determina'tion of qual;i,ficat:ions, and. the method of deteririinirig• the qua.Lifications for any job, shall, r~na.in vested in the City. 13 LC~.SS OF SE'NIORITY 3. Seniority shall be terminated by: a. Resigna,tion ; b. D'ischarge for cause c,. Retirexnent d. Failure to return to work frarn layof:f withiri seven (7) calendar days after no:t'ice to r:eturn by certified or registered mail or by telegram addressed to 'the etr~'loyee at his last lmown address on fil-e with the City Per:sonnel Office e. Absence from work for three '(3) consecut:ive working days without noti,fying the Ci'ty, except when the fai;lure to notify and work is due to circ~nstances beyond contro;l. of empl:oyee. After such unexcused absence,; the"City~shall send written notice to the ~loyee at his last ~iown:addres.s that he has los;f his seniority, and his err~loyc~nt has been te~niriated. SE1~II~ITY LIST 4. The City shall prepare and maintain a,seni~ority `list whi.ch shall shaw the names, cl,a'ssif'icat;ion tit;le, department, and seniority date of all employees~. The: Associat.ion (Petaltui~a Fmployees Associ~ation) sha11 be given two copies of the list w~i°thin thirty (3'0`) calendar days after the date of this Agreement, and thereaft°er a current list every six months. 5, A seniority list, ineluding the same information, shall be maintained for each department. Thi's list' shall be available for inspection by the - ~loyee or his st'eward. 6. These lists_shall be deemed correct as to an.employee's seniority date tu~iless the esnpLoyee,, or the stewa.rd for the. empl~oyee,, notifies the City to the contrary in wr'iting witliin five '(`5) days after a list is given to the Association. AKI'ICLE, 17 PR~P,T`IONARY IIv1PIfJYEFS 1. An employee is;a probati~onary e~loyee for.his first six months of er~loy- ment in any cl,assi f i,ca~t ion. In the even, t o•f a proanot i'qn of a pern~arient e~l.oyee to a higher classifi:cat.ion, the six inonth probationary period iri the hi'gher cl'°assification will be reduced by one day for eaeh two days.the err~lgyee ;had worked. :in t~orary ass:ignments in that higher classifica- t.ion. Pe"riod's of absence exceeding five~'(5) working days shall not be counted towa.rd com~:letion of the probationary peri~od. 2. No;ma;:tter concern:'irig the discip`line, lay of`f' or termination of a proba;tioriary eii~iloyee shall be subject to the grievance procedure. TIIV4?(~ARY AP,POINIlGIQVI'S 3. Tt ,shall-, be the pol:i.cy o~f the e~r}~loyer to avoid teir~or.ary appointments wheriever possible<,'unl.ess failure to do so wi:l"1 seriously hamper the sizecess of Gity program. Under such circtunstances and when sufficient time may not be:taken to fill a pexmanent position through the noriiial procedure, a:ter~orary appointment.may be made. Frr~loyees receiying 14 t~ora_ry appo~intments shall be requi°red to .qua.li~fy by the normal selection procedures to becane a probationary eqnpl~oyee in that class within s~ixty (60.) days. , ARTICLE 18 LAYOFF AI~ID R~7Cf~liL PROC~LIRES LAYOF'F .I'~JRE ~ ~ 1. When ~loyees are to be laid off, the foTlowing.shall be the order of layoff: a. Tex~orary employees in fhe affec,ted .class°ification shall be removed first. b. Probationary enp:loyees in an af°fected classifications shall be r~ved nexf . c. The employee wi,th the least seniori`ty in an.affected classification or department shall_,be reir~oved provided that the City Manager may do otherwise in order to mainta'in a bal=anced departrrient or work tmit and to maintain er~loyees in the c'lassif`ication or department who ha.ve the abi,l i'fy to per.form the. work avai lable. ~ 2, An ~nployee wlio has been laid off or tr.:ansf;erred as a result of a reduction on the work foree shall:be recalled to work in reverse order in which the .e~~l'oyee .was lai~d off or transf,erred, cond'itioned u~on the er~loyee's ability to perform the work.ava~ilab:le and that the priod of such layoff or transfer has iiot exceeded one (1) year. 3. When er~loyees are returnec3 to work after layoff, ecr~loyees shall be recalled in.reVerse or.der in whi;ch the ~nployees were lai`d off. The employer shal:l:send-.by register.ed mail to the e~loyee's last luiown address notif;i.cati~on that the ~loyee i°s being recal.led. The ~loyee sha11 return to:wor-k wrthi=n seven '(7) day,s of the date of mailing. Failure to return after notice shall.be grourids for discharge and total loss of seniority. ARTICGE 1'9 PRQV1~'STTONS ~ SHIFT' CHANGES WITHIIV A WCg2K SDGTION 1.. The Cit-y Manager may authorize a change.for an ~°loyee from one position to another in the same or car~arabie class of"work where the same,general t.ype.of qualifi;cations are required for entrance to such a position. TfZANSF'ERS 2.. When:an ~loyee within his own c~lass,ification and work sect;ion wishes to change from one shift to another shift, he stiall file a request for 15 transfer identi,fying_ the shi!ft.he is in and the one he c.hooses to transfer to and file it with the Per.sonnel Off'icer. 3, Reques~~t~ for transfer fr~n one depar.trnent or work section to ariother department or work section having a differ.ent jurisdiction or different ftmct'ion sha_11.be ;filed with the Per:sonnel Officer and shall be done only with the conserit o~f bo,th departrnent heads, involved, unless such a transfer i.s or.dered by the City Manager for purposes of=econcnny or efficiency. 4. Ariy per"son tr.ansferred to a dif-ferent position shall possess the minim~nn qualifications for that position. PRQv%7~I~iS 5. Except for thqse pos:itions not:requi'ring wr'i'tten examinations, pranotions in the City service shall be:based on a car~etit.ive examination and records of eff'iciency, char,ac;fier,, condizc:t or o,ther generally accepted qualificatioris' deemed necessary or reliab:le in obtaining a passing grade. The City wi11 give si,gni,f;icant. considerat.i,on to the per~fom~ance of the ~loyees-,.seriior,ity, physical fitness., and ability to perform the work. Lists shall be ereated and promotion made there~fr,am in the same rr~nner as prescribed for oriaginaL appointments.., 6, Whenever pr-,act°i;cal, vacancies shall be filled by pranot~ion. The rules covering pr.omot:ional examination .shall be the` same as those governing original.entrance examinations. NC7!'ICE OF EXEIMINATIOIVS 7. Notice of e~inatians sha11 be.printed and`shal;l be posted on the official bulletin boards of the City and may be advertised by any other means chosen~by.the Personnel Officer. ;Publi•c' noti:ce shall be posted at least five (5'`) day,s prio"r to the f.inal f;iling date, and shall contain the follavuing infqYmati~on. a. The :title and rate of pay for the position to be filled; b. So~ne typi,cal duties to be perfornied; c. Minim~nn qualificat'-ions ~required; d. 111e me.thod of securing applica:tion foxms,and the:final filing date on ~ which.app,lications will be accepted; e;. Tfie~ r,e~lative we3i;ghts assigned to the var~ious parts of the exami'nat:ion; f . 'Ihe minirrnuri passing score. 8. ..In addition to the posting and any other adver-ti.sing that takes;place for pos i.t,ion as out l;ined in the~ .above paragrapla, ;a copy of the not i ce wi 11 be sent to the Associat.ion for those positions 'in the work iznit which they represent. 16 AVOIDANCE OF TEIvIF'C~2ARY HIRIIVG . 9. Dur'ing an.y, period 'in which e~npl.oyee:s are being~ considered for promo,tion and during .any posting ,period, it 'sha11~ be the poli°ey of the e~l.oyer to avoid ~terr~orary ~,lgyment to such positi,on_s, unless the failure 'to make appointments.to such pos;itioris would seriously hamper the suacess of the City progr-am. Under sueh ci'-rc~nstances and when su-fficient time mag not be takeri.to f;i.l:l a pennanent posit;ion through the~normal procedure, a ter~orary appointment may be made. 10. An ezn~loyee holding~a classified'position may t.eznporarily be assigned the duti'es of ano:ther posi:t°ion for a period not to exceed ninety (90) calendar days during.any f;i;seal year:. The ~loyee sha-11 recei've either the nea~t liigher step iri the cLass-ification 'to which fie is assigned or a 50 increase, whichever i.,s greater whenever the ass~'i,gnment exceeds five (5) w~orkdays duririg t~ie Eiscal Year. 11. An er~loyee who:has been prorr~oted but does not,successfully pass his pro- moti'onal pr.obat`ionary period.of six,,('6) months, shall be reinstated to the position which he held prior to tlae pranotion. 12. Upon,an employee request within a one (1), month period follawing a promot'ion, he sha•ll be returned :t:o a regular ;j:ob opening in:.the classification fro~n which he was prarr~fed, a°t the pay rate from whi;eh he was. pr-omoted fr~n, but in no e~ent sha11. he be•held in the proim:tional pos-ition over one (1) ~rith following;his request for reinstat~nent in the ~lower position. Upon re:iristat~nent to the foriner position, the ~loyee's name will be removed fr.om the prormt:iona'1 el;igibil:ity list. 13. An ~np,lbyee who .has been transferred ptirsuarit to his request :or who has been promoted °and ;not re;turned to-his f'ornier elassification, need not be cons'idered by the Gity for a,subsequent transfer or pranotion during the s~ix month- period f.gl lowing h-is tra.ns'fer or pronntion. 14: If the.~nployee has filed more than one xequest for tr-ansfer, only the most recent of his.r:equests will:be considered by the City for making a transfer. Such trarisfers wi.:ll be considered, only if the employee possesses the minim~un qual:ifications .for :the position. 1'~5. Fr~sloyees who have successfully passed a.n ~examinati~on for a higher pos i t i'on, and liave been cer t.i;f i:ed f:or the hi ghe "r pos i t i on, wi l l be deemed to qualify for posit:ions with lesser qualifi.eati.ons and may be cert:ified to the~lesser pos'i,tions, provided no lists exist for the lesser positions,. 16. In the event that an;applicarit aceept;s a low.er classif:ied pos'ition, he wiLl be allawed to r~nain ~on €he e'1.'igibility ,l,:ist for higher classifica~t:ion un,til the list i,s abolished. 17 ARTIC,~LE 2 0 SIQ~ L,FAVE ELIGIBILITY T. An ~nployee sha11 be elig-ibl;e to receive siek leave ,in accordance with the proyi?sions of this Article when he 'is~unabie to work because of a disability resulting frorn personal sic~mess or injury, except no sick leave::sha,l-1 be payable for any injury or absence which results or occurs as follows: 1. Intentiona:lly self-inf.l.icted; 2. Part.icipat'ing in any criminal act; 3. Part~icipati~ng; in a riot; 4. Working for an err~l.oyer other than,-the;City. 2. Neifher.shall any s`i,ck leave be payable (T) during a vacatiori except when hospitalized or equivalent confinement, or (2;) during a layoff, leave of absence, or d'ise~iplinary layo,ff. 3. All hours of: sick l.eave accrued and aT1 hours of absence, whether or not paid, shall be recorded. To the exten~t necessary to 'in~ilement this Article, such reeords ma.y be inspeeted by an ind'ividual err~loyee and/or authorized Associa-tion representative, 4. Sick leave sha1,1 a'ecrue to all fu-11-time.~Toyees at the rate of one day for each ri~onth of • eont~inuous service. No e~nployee shall accurraxlate rr~re sick leave in any year than provided. 5. Sick leave shall cbnfiriue to accrue while an~nployee is on vacation, on sick leave, or on j`ob-connected injury leave. 6. No e~loyee sha.,l.l: be elig:ib.le for si,ck leave before it accrues. 7. Fi~loyees servi•ng their probationary period, with the approval of the City Manager, may take up~to one day sick leave with pay for ea¢h rmnth worked. Fr~loyees hired on or before the 14th.of a cal;endar month shall.be credited with one day of sick leave at the end of that month, Firg~loyees hi-._r,ed.ori or after fhe 15th of the ca'lendar month shall not be credited with any sick leave for that calendar month. MYNTIVIC~VI SICK `I~FAVE C~IARGF;ABLE 8. For the.pux~pose of, charging sick leave,, the minim~nn sick leave chargeable wi;1:L be one working ;hour . BF~iEAVIIv~TT T~EAVE 9. In the everit o'f the death of an e~loyee's spouse, mother, step-1mther, mother-in-law,; father, step-fafher, father-in-law, brother, sister,br,other-;'in=law, sister-in-law, or clzild~, `including an adopted 18 child, ari ,~Toyee who atterid`s the funeral shali be granted time'off work with pay. The amount of time;of`f work wi.fh pay shall be only tihat which is r.equired'ta attend the funera,l. and make necessary funeral arranger~nt°s, but in no everit shall it exceed three (3') working days. These tliree (3) ; -. days.shall not:be chargeable fio si.ck leave. An additional two (2) days required,for necessary funera:l arrang~nen•ts map be charged to the employee's s~'ick leave, ariy addifional tiine beyond these two days may be charged to ace~lated vacation, accwnulated ca~ensatory time or leave withou,t pay. SICK LEAVE, GII~iERAL 10. On taking sick leave time, the ar~.loyee cr~zst not;ify his department head either pr-:ior to, or with'in thirty minutes after the time set for beginning his daily duti~es,. If ~an errg~loyee's dut'ies. begin before the switchboard is in operat'ion, he must not'iify tYie department not later than 8:30 a.m. 11. Siek Leave sha,l,l ,not be' considered as a right which> :an ~nployee may use at his discretion,, but a,privi,lege whi,ch ,shall be~allowed only in case of necessity and actual siclmess or disability. 12. When an e~loyee ~is absent for more than .three ,(3) consecutive days, the City Manager or Personnel'Off`icer rr~y require a doctor's certificate for such sick leaye absence. When an~nployee is absent for six (6) days or more in a calendar quarter or eight (8) days or n~re in any two conseeutive ealendar. quarters,' the Gity Mariager or Personnel Officer may require a doctor's certificate, prior to paying sick leave for the days absent, provi`d'ed Yiowever, that abserices for which a doetor's certificate has been provided "shall not :count towa:rd tlie aforesaid six day and eight day periods. - 13. If an er~loyee ,has not recvvered 'b.y the t-irrie he: has exhausted his accturnzlated sick leave, the~City Manager, upori,receipt of such request in writing;, may grant him leave of absence not to exceed the time limitations of Article 25. 14.. Upon the e~iration of a leave of absence quoted under Paragraph 13., the employee shall be re`t:urned to the same c'~lass or position or to any position to whi.ch he had been elig-ib,le to transfer at the time his leave of absence was granted, provided he furnishes medical certification of abilit_y to per'form the posit'ion for" which he i.s eli-g:ib~le. 1' 5. 'I3~e Ci ty Mariager cnay r,evoke pay and s i ck l eave t ime i f the ~np l oyee is no t in fac.t s-i.ek,.:or if he has engaged in private or other public work while on such l:eaue. Aliuse of si,ek ~leave as stated.above is sufficient grotmds for dismissal. lb. No penalt~i;es shal,l be ir~qsed 'on ~.loyees f,or taking justi~fiable s;ick leave to whi;ch the e~loyee is eligible. 17. Up to two days per year of: an.employe.e'~s accrued sick leave may be used in the event of imnedi-ate,fami:l~y illness. The imnediate family shal:l consist of the:spouse, children, parents, brother,s,, sisters, or other individuals wYiose re~l,at~ionship to 'the e.rr~loyee is tYiat of a legal dependent,, 19 ,~ ART'IC~.E 2:1 II~7S'IRIAL. INJL]RY LEAVE ~S'~ Q~FIVSATI~I 1. Bene=fit's 5ha11 be pa,yable in situat:ions where ~loyee.absence is due to industrial imjury as provided in Ca,li,for.nia State Workers' Carr~ensation Law.. The amount o,f =di.sabi=l,'i'ty payments ,paid, -fo t-1ie :injured ~loyee sha11 be deducted from salary.payable to the err~loyee while on sick leave. Ihzring the first~ t~en (10) calendar da,.y,s•~of absence, for~ industrial ~ di sabi l.i ty, the` Ci;ty wi l l pay ~loyees an arnotint cahi ch, when added to their Worker.s' Car~~ensati~on benefit will:equal theix regular salary rate. This supplemental amount sha.ll no;t be deduc~ted °fran the ~nployees sick leave benef,it. In tlie case of absences beyorid~ten (10.) working days, the. e~loyee shall be erit,i-tled to use two hours' o;f s.i~ck leave per day to supp,lement workers carnpensa,t-ion benefits. The 'in_jured err~loyee may choose to rece-i;ve worker:s' cor~ensat ion payments .only,. wi thout Ci ty payment for salary a~t:iio loss o'f sick leave. S'iek 1~eave for industrial injury shall not be allowed f'or a disabi'l.ity resulting fran'siclmess, sel.f-iriflicted injury or willful miseonduct. ' DETERMINATICIV OF INDUSIl~IAL DISABILITY liEAVE 2. Except ,as otherwias.e .1,imited by this Arti~c~le, the amourit of industrial disabi.lity income:,a~ailable -:to an eligible employee sha11 be dete~nined by . mult:iplying the n~er of hours, no,t .to exceed e.ight''in a calendar day nor forty ;i~n a ca,lendar week, of' t`ime lost fran work because of the disability, times the e~loyee's hourly rate at the time the injury oceurs.. NC7i'ICE A1~ID PFZfJOF .OF II~IDUS`IItIAL DISF,BII,ITY. 3. No industria,l, dis,ability leave sha11 be~permitted unless the ~loyee's superintenderif 'is not,ified o.f .tfie nature of the disability and the probable durat~ion thereof 'as soon as possibl`e, but in_ no event later than the coric.lusi~on of the eurrent work day, except when the failure to notify i s due ~t o c i`rc~ns t ance"s beyond the ,contro l o f the e~ l oyee . 1he inj ured emplogee mus.t ccm?ple,te a notice of .injury form within the time limits stated. 4,. In.a:ll cases on return-ing to work an ~:loyee cl,a'iming;, or having rece~ived, indus'tri'al disability leave mus:t cer..tify on a form provided by the Gity as follows: . l.~ The:nature of the industrial disabil'i~ty~'which prevented him frarn working, including time, dates, and circtIInstances, and whether or not under the. care of' the City's physi,c-ian. 2, The am~unt of t'ime lost fran work in hotzrs because of the disability. 3'. The name of: the ,individual to wham noti;f.ication of the acc~ident was giyen or- the reason notice was not given. 20 ~ ~.. 4.. A re`lea'se. from an approve'd Sta~te Ca~ physic-ian ~s°fating that the esnployee has reco~ered and 'is capable.of returriing to work'.. 5. In the event that faets arid c:ni-rctm~stanees indicate that the ~nployee may not' be eligible"for industrial d'i_sability leave as clai~d, evidence o;f industr-,i'al disability ~:,y be requested such as a phys.ician'8 stat,enient of the indizstr:ial, d`isability. 6. Arb.i~trary :failure or refusal to,fol.l:ow aecepted medical practice in. _ ~ treafing a di;sability sha;ll be reason fo"r disconfiinuing or withhold•ing indus:trial di"sabil`iby incane. ART'ICLE '22 I~L• IDAYS 1, Authorized, City observed, paid hol:idays.:: A. The Gi°ty wi:l:l desi`gnate e.leven (`ll.) paid, fixed-date holidays for er~loyees in this uni.t. Such.;holidays, shall be estab.lished for the City's:fisca_1 year as dete2rnined by the Gitg Cotancil Resolution. B. During the fiseal year of the M~norandLUn of Unders:tanding, for those er~lo,yee,s hired on.or before July 1 of that Fiscal Year of the M~norandtun of Under:s:tariding, tl~ie Ci ty wi.l'1 authori>ze one (1) "FFoating;Hol,iday" per employee, which n~y be taken by the employee. during that• Fiscal Year at a t'irr~ se,l:ec.ted by the ~loyee, subj;ect to operatiorial- regu~irernerits arid approval as determined by the City. 2. The holiday shall be consecut:ive.twenty-four ;(24):hgur period startirig with the e~loyee!s sfarting time on the caleridar day on which the holiday is observed. 3. Each ful,l-time er~:loyee, o~tlier than an en~loyee on layoff or on any leave of absence,, shall rece'ive:e~ight (8.) hours pay at his hourly rate for the holiday, provided''the e~loyee mee-ts the following eligibility requi r~r~ents . 4. He works his last scheduTed work day prio"r to,a.nd his first ~scheduled.work day follvwing the holi:day,.unless failure to work on either. or bofh such days is excused``because of (1) personal sieluzess or ing.ury, or -(2) other extr.aordinar-y c'irciunsta.nces beyond the control o"f the~ ~loyee. proven to the sat.is:fact:ion of the City Manager wli~ich catuzot be corrected in time for him to mee~t his: ~loyment obTigation. 5,. ~ An ,emp;l,oyee .requir.ed to work :a pai,d: ho^1i~day sha:;l:l, receive, in addit~ion to the,eiglit hours holiday pay, further car~ensa'tion at the overtime rate for ~the ;ac~tual ho.l iday worked. ' 6-. CA~servanc;e by an e~Toyee of a designated :if pr,acti.cal, with a.t least seven (7) days . such l~eave, under the following methods: religious event may be granted, pr:.ior approval requi:red for 21 ~ 1:. Time charged to accrued vacat.ion allowance; or 2,. Time off without pay. ARTIQ:E 23 VACATIC~TS 1. The purpose o_f annual vacation.l-eave is to enable each eligib.le full-time ~loyee annual:l;y to ~return, to his work ment•al ly ref "reshed. Al l ernployees in this unit shal•1 be enti°tled to annual vacat.ion with pay except the followingc : a. Fu.ll-tiine ~~loyees who'have served less than.l2 months in the service of the:City; however, vacat:;ion-cred'its for the time shall be granted.to eaeh such,~loyee who.later receives pern~anent emp 1 oymeri't; • b. Fr~loyees who `work :on. a ter~or-ary bas`is and al1 part-t'iine er~loyees who work l~e~ss tYian 1., 040 hour's pe "r year . 2. All pex~nent ernployees of this uni,t. af"ter serying at l~east one full year are entitled to the equival.ent of- t~:en (10) working: days of vacation with pay in the next succeed'ing ann'iversax-y year of er~loyment. Al.l permanent - ,: _ . ~loyees of the tuli`t, af:ter ;five (;5°) years; of continuous servi°ce with the City and carmienc~irig with the sixth year, sha1T be enti~tled to fifteen (15) working days of vacation wi;th pay per year•. After l:0 years of .servi,ce, ~one additional day of vacat;ion.shall'be 'added:for each additional year~of continuous service to a'maxina~n of 20 days vaeation. If an erig~loyee wishes to take ~re than twenty (20) consecut:i~e working days of vacati=on, he shall have the prior approval. of`his department head and the City Manager: 3. 'The time. ,dur:ing. the calendar year which an e~,l.oyee may take ;his vacat'ion shall be dete~ined by the department head w'i;th due respect for the wislies of the ~loyee and part'icul~ar regard~for the needs,°of the service. If the requirements of.:the service ar-e~sucli.that an e~loyee cannot take part or all of his annua-l vacation in a parti`cular'calenda.r year, such vacation shall be taken duririg the ~fo'1-lowing ca-l~endar year. V~ATI~tS - ~GIIVF..~1L PR()VISI~tS ° 4. Excep:t as. provided above, an err~iloyee sha`l l not accr.ue any- paid vacat-ion time.during~any leave of a,b_senee without pay or during any ealendar month in wh'ich he is absent w'i,fhout.pay for f;ifteen (15) or inore working'days. 5. Pai~;d vaca:tion t'ime aeerues and is recorded at the end of each calendar mon.th o,f er~loyrnent . ' 6. No employee,sha.ll aecrue paid vacation tirne in excess of fvw~ (2') years vacat:ion l',eave. 22 ;;. HOLIDAYS WI'lI~IN VACATIONS 7. In fhe event that one or ~re- of the m~ui'i.c'ipal hol.idays observed on the specific day falls with'in an annual~vaca,tion.leave, such holi:day shal~l not be char.ged as vacat°ion leave, and 'the vacat,ion leave shall be extended accordingly. ELIGIBILITY 8. No ezr~ployee shall be eligible 'for paid vacat'ion time or receive pay in _ lieu of vacat'ion t:'ime before it accrues. PAY IN LIFZJ OF VAC'ATICIV TIIv~ ~ 9. An ~loyee wi:l`1 receive pay in lieu o;f paid vacation time (i.e., without taking actual time off frocn work) only under the follawing c`ircLm~stances: a. Retir~nent; or b. Start of a leave o'f abence without pay for more than 9O days; or c. Resignat.ion requested by the Ci-ty;.or d. Resignation, `the Union sha11. advise its me~ers t_hat two '(2) calendar weeks advance written notice should~be given to fhe City. e. Death, `i'n whicli case an heir or heirs will be paid. 10. Pay in lieu of yacat'ion:shall be at the ~loyee's hourly rate times the ntanber: of hours of accrued vacation time. SQ-i~LJLII~ OF PAID VACATI~1 TINIE 11. Paid vacation time 5ha11 be reques-ted in advance by er~loyees in accordance with procedure.s establi~shed by the City, except that when extraordinary ei`r-ci;m~tances occur beyond the control of the errQloyee, the ~loyee ma.y be penni.tted to reschedule his vacat'ion at a time rrnxtually agreed upon. SHIFT IIVIPI~'F;FS 12. The first day o;ff shal_1 be eonsidered as a Saturday for ir:regular shift -~l:oye.es for the purpose of cacnput'ing vaeati~ons and car}aensation fqr such e~,l,oyees;. Any guestions relative to; interpretat.ion o`f th-i.s secfion sha11 be resolved by the Gity Manager whose determination.shal..l be f''inal. ARTICLE 2:4 AL:L~7WWABLE OQV~INSATION WHILE ON DLTI'Y AS J~JROR T. Every classif`ied e~loyee who serves as~ a tri:al j`uror or is ccxr~elled to appear on, beha.lf of tlie Ci~t>y under service of process,; shall. be entitled to be absent from the ~nployee's dut'i;es with the' Gity during the geriod of such servi.ce,or whi'le necessarily be-ing.present in court as a result of such :call.. The employee shall be paid the difference befween the. 23 :, , empl.gyee!s full salary and any payrr~;nat r.eceaived by the err}~loyee, excepting travel pay, for such duty. .However, such time shall not be considered as time worked for'purposes of Arti.cle 11, Paragrapli 1. 2. For the gurposes o:f this Article, time served as a juror or as a witness, car~el.led to appear on behalf of the Gity under subpoena, by an irregular ~ shif::t er~Loyee shall.be paid time not to exceed the ntunber of hours the ~loyee would ha~e worked on such day, However,, such time shall not be considered as time worked for purposes:o`f Art;icle 11, Paragraph 1. It is the intent of this Faragraph to a1,low:an employee co~npelled by law to appear as a juror or witness to compute tha.t time as a portion of the err~loyee''s work day so that the ~Loyee wiTl rio.t be required to appear in ~ court under service of process and also work a shift for the City during one twenty-four ('24) hour period. ARTIGLE 25 ANN[IAL MILITARY DtTIY 1. An employee,ma.y be absent on military leave as authorized in Section 395 through,3`95.8 o~f the Military and Vet~erans Code of California. The ex~loyee shall furnish to the City Manager sat:isfactory proof of his orders to repor't.for- dufy and of his actual service pursuant to such orders. Frr~'loyees with less than one (1) year City service shall take such leave without~ carr~pensat:ion from the Ci"ty or as provided in the Military and Veter.ans Code. Anned For.ces.reserve or'national guard base pay shall be off"se't against such pay. 2. If an err~loyee r-.ece`ives vaeation pay during a period of training or serviee, he shall not: be elig:ible for the military leave provided by thi~s artiele for tha:t period of tirrie for whieh he receives vacation pay. ARTIGL,E 26 C7II-IF1~ L,EAVES' OF` ABSIIVC~ IV~AICAL 1. An ~loyee wlio (1) is'Lmable to work because of.non-industrial personal sicl~ess or injury, or .(;2.). has e~austed sick leave and vacation payments, ma_y be granted a leave of absence without pay upon r:equest in writ~ing and the furni~shing of sa:tisfactory evidence of si;clmess or d=isability. The evi`dence of d`isabil'ity ma.y be furriished by any person haviiig direat lrnowl~eclge of the s'ickness or ,disabili~ty, The 1'eave of absence available pursuant t.o th'is.paragraph eonterr~lates a short term leave which is agreed to be a peri~od'of one calendar month or less. 2. Fo.r continuing disabi-lity, extended leave of absence without pay may be gr.anted for a period up to s.ix (6) months tuiless f.urther ex_tended by the Cit,y: In.no event:will an extended leave of absence without pay exceed one ,( l) year. Ti1e ainount of extended leave of absence granted pursuant to tli'is pa-ragraph sha:ll be dependent upon the err~loyee's furnishing sat:i;s~£actor-y proof; of disabi-lity, a showing of receiving coritinuing and appropriate medical treatment, and the furnishing of a phys'ic_ian's!opinion that l,eave of ~absence is warranted for rr~dical reason and tliat fiis 24 . ~. ; prognosis i~s tha,t the ez~loyee will be physieally fit to perform his duties at' the erid of the r.equested leave' of absence, In tlie event the ~loyee's_physician':s prognosi,s and report is equivocal, the City may reques t- i t's phys i c i,an to sulxni t. hi s`independent report . PII~9C~VAL, 3. An employee for personaI reasona may be:granted a l.eave of absence without pay by the City fqr a period not to exceed three (3) months. The leave ma.y be extended for addit,ional periods, but: in no case shall a leave and extensions exeeed six (6) months. A leave for personal reasons as herein provided may'riot be used to extend or co~npound a leave of absence granted Lmder any other provision of; this agre~nent. ASSIOCIATION 4. An ~loyee who i:s elected or appointed to o`ffice or who is selected for regular err~lo.yment with the Association.(City of Pe:taluma Fmp:loyees Association),'upon wr'itten reqtzest of the Secretary-Treasurer of the Assoc'iation, may be grarited'a leave of absence without pay for not more than three (3).mon~ths. Upon written r-egues't of the Secretary-Treasurer of the As'soci`ation,, the leave may be extended f,or addi~tional periods, but in no case shall a leave and extension exceed s'ix (6) rnonths. AS90CIATION - F~XQJSID ABSIIVC:~ 5. An employee.who is elected or selected`by the Association, upon the written request~of the',Secretary-Treasurer of tlie Association, may be granted an excused absence wibhout pay, for a period not to exceed five (5) days per year to attend conferences or .conventi`ons;: Not more than one ernployee wi l l be granted an excused absence a,t any one t ime. IvIEIf~D OF RDQIJESi'ING LEAVFS' OF ABSIIVCE 6. An esnployee who desir.es,a l,eave of absenee from work without pay shall file a writ`ten request with the Department Head on foxms provided by the Personne:l.Department., s~ta,tirig the .t:itle of his position, the beginning and endirig d'_ates o,f the re,quested, leave and a ful,l statemerit of the reasons for such reque'st. The Deparfinent Head niay grant or deny such leave for a period not to exceed three work days. Request for additiona'1 leave must be sutxni t t'ed in the sariie manner to the Ci ty Manager . RE'TiIF2N ~ !?,CTIVE .FMf:'I~OYNN~NN!' 7. In order to be eligib.Le to return to active ezr~iloyment, the ~Loyee. "returning from a medical leave of absence mus,t pr.ov'ide,, at l:east fourteen (`l4°) calendar days prior :to the end of '1_eave~, a sta:te~rit fr~n the empl,oyee'.s+physician releasing the.ei~loy.ee to'return to work. I.f the emp.l:oyee cannot r,eturn to h'is fomier position, he will be placed in an ~ el~igible ca;tegory for a classification for which he has the ability to perf:orm the work.. 25 ,~. : . . ,. 8. The City,, at it's option and without: cost to the~ernp~loyee, may require that. a pliys i c,i~an or phys i~c i ans o f i t s ehoos ing e~'ine the er~;l oyee be f or,e return'ing him to active ~loyment. , GII~AL- OOI~IDITIONS" 9, During a leave o°f absence., an,e~.loyee wi1-1 not accr;ue vacation nor be eligible for ariy payments'for time of`f work as provided by this agreeanent. 10. Subj:ect. to and;cons-istent with fhe Group'Heal;th.arid Life Insurance P'lan, coverage may be; cont:inued dur,ing a leave of absence without pay provided direct payment of; the total premitun is made by the ~loyee in a manner prescribed by the City. 11. During a leave-of absence;, both the C'ity''s and the err~loyee's contributions .to the Fmployees' Retire~nent P,lan are discontinued and beriefits do no`t accrue, nor 'can they be withdrawn, nor are they forfeited. A~I'IC~,E 27 RETTRIIVIE~TI' PLAN 1. During ti"he term of~ th~i:s ,agre.e.inent, the City shall cont°inue ~ership as an agency under eontract with the State of Cali,fornia Public Retirement Systen in accor,dance witli and subject to the provisions of the State Fmploy,ee Ret~irenient .Law. 2. Each pay period all pem~anent and probationary anploye.es sha11 have deducted from his, eariiings a ret'irern~zt :contr'ibutiori at a percentage rate established by the Retir~nent Law. 3. In the event o`f dea:th or re.t:iretrieiit, an, ~nployee who has co~leted ten (10) years or mor.e with the City shall rece'ive fi°.fty percent (500) of his accurrnzlated but unused si°ck leave, not to exceed si'xty (b0) days. 4,. The City.wil.l modif,y i~ts'' contract with PERS to impl.ement the following options: a. Sick leave eredit. b. Last. year ¢o~ipensation. 26 ~,, ,, _ ~ , A~'ICGE 28 T~RIv1INATION PAY VAGATION PAYIVff~Nr' UPUN ! `TERMINATIOIV 1. Upon termination, voluntary r,es-ignation; or retis.~nent af.ter one full year of continuous servi.ce wi`th the Gity or mqre, the ~:loyee shall receive a ltm~ sLmi paymerit f;or a-11 acctIInulated but unused vacation tir~. Two weeks adva:nce not:ice in writing should be given to the City of the termination date. HOLIDAY AND CZ1vIP~1SA~Y T'IIV]E PAI~.C LJFCIV SEl'~RATION Fft~IVI CITY SERVICE 2. F~loyees separated fran City service shall receive: a 1~ stun payment for al1 acctuin:ilated but. uniised c~ensatory t i~ granted in 1 ieu of hol idays and all other acctrrrazlated comg~ensatory time: C~MPLTi'ATICIV OF SEVEEZEINCE AL,L~WANCES 3. Compensation f:or~vaeat:i;on and holidays as descr-ibed in this Article shall be ccxnputed at the ar~iloyee's hourly rate on :the effective date of tenninatiom. ART'ICLE 29 - ~IF1~L'IH AI~ID LIFE INS'(JRANGE l. City of Petaltnna. Group Medical=Hospital Insurance Program: The Ci,.ty shal'l.prov'ide for a;group medical-hospital insurance coverage~ program for Gity ~nployee,s in this unit, The Cit_y:shall pay during the period of th'is niezrzorandum the fo:l'lowing atmtuit~s' for health plans: Ka.iser, Health P1'an of the Redwoods, and.Foundation for Medical Care of Sonana County. Ka.iser HPR Sonoma Co. Errq~loyee $ 78,.69 $ 90,.00 $112.05 Fc~Loyee + 1 $156,38' $1.85:00 $194.51 Fsr~loyee + 2 $226.8'2 $253.0'0 $266.;20 It 'is agreed that in the event of adjustment of the Sonoma County Flan the e~1'oyee wi 11 ~ cont;inue to pay $5.00 toward ~nployee co~erage; $i0,. 00 toward e~~loyee plus one; and $15.00 toward err~loyee plus: 2. 2. Ci ty of PetaTwna 'Group Tern~ Li fe In"surance Program; The City shall provide for a group term l:ife insurance program for City employee_s in this ~it, The City sha11 pay,, during the course of the Memorandturi. of Understanding, the insurance prernitun: towards ~loyee only coverage for sueh insia.rance in the principle stun of $10,000 per ~loyee. 27 . .3. City o.f Pe~tal~nna Group Dental Insurance Program: The Gi.ty ,shal'1 provide for a group dental. insurance prograrii for Gity emp~loyee"s and dependents in this unit. The City shaT1 pay, during the period o`f this Merr~orandiun the ful_1 pr;emiiun toward the City group dental insuranee coverage program. • ARTICLE 30 I.~GNG-`I~IVI DISABILITY 1. The~City shal.l pro~ide for a long-term disabil'ity p:lan. The premitun shall be pad for by the Gity. ART'IC~,E 31 SAE~PY `1. The City and the Association will cooper,ate-,in the cont.inuing objective of eliminating acc'idents arid health hazards and wil;l work towa.rd the ~ establislm~erit gf a Safety Co~7mi`ttee irivolving er~To,yee arid manag~nent participat,ion. The City shal:l continue to make rea,sonable provisions for the safety and~ health. of its eri~loyees_ during the hours of their e~ l oymenf.. ARTIC~,E 3`2 IIvfPL~dYEE J~ 'IRAINING 1. Not later than January .1, 1981„ the City'of P.e"taliuna will develop a training program for err~iloyees in Unit 2. The City of Petaltmsa ;Fsr~;loy,ees Associat:ion will `be .consulted regarding the development of said fraining program, whi,ch shall be consistent with the ideas as discussed by tlie represeri,tatives of "the City and the Association, ~~ duri-ng meet and:confer' sessions in;May, 19:80. ARTICL;E 33 5~'VEI~P,BILITY GLAUSE 1, ~In the even.t tha.t any portion of this agreemen.t is declared invalid by a . court:of ca~npe:tent j.urisdictiqn, it sha11 riot effect the vali,dity of any other portion of this ~agree.inent.not invalidated. Ariy portion he~ld invalid sha.11 be; re-nego;tiated;so as to effectua:te the purposes and intent of the 'invalid por,tion 'if 1ega11y possible. ~ 28 r NDC~C7I'IATIONS 2. Negotiation Per,,iod": The Assoe'iati~on wi;l.l ,su~mi:t in writing to the City no;t less t'han riinety (`90) days pr'ior to the;~expiration date of this Agre~nt any~proposed modi.fications to this;_A.greemen.t' for the subsequent Fi-seal Year. The part'i_es will comne.nee Meeting and Conferring not less thari seventy-f'ive (`75`) days prior to the expixat•ion. date of this Agree~r~ent and wiTl endeavor to; reach an agre~nen,t, in a writt.en M~norandtun of Understanding for :submission to the Cit,y Coimcil for its de.termination, prior to the adoption by the City of its Final Budget for the subsequent Fiscal Year. TF.RM OF AQ~EFIVIII~TT 3. This agreexr~nt is subject to the approval of the City Council of the City of PetaTt~ . 4. The tembs, benefit and conclitions of ~loyment ;granted this unit are governed solely by this rne~mrandtan of agre~nerit.- 5. The tern~s of this Agreement shall com~nce on:July 1, 1985, and continue until the expiration date.of June 30, 1986, arid frarn year to year thereafter unless wri`tten notice is given~by one,party to the other setting forth a desire to negoti-ate rr~d'ificatioris to this Agre~rient as set forth in Paragraph 2, Article 31, 6. I£ such notice i-s given by either_party, the party receiving such notice ma.y also during- ensuing negot-iations pr.esent elianges in the agr.e~nent desired by said party. 7. Negotiations upon t'he modifi.eations or amenc~nents shall be, conducted promptly at a t;'ime and~place mutually agreeable to both parties and shall continue through sai:d period .in an effort to.reaeh agreernent. ~: ~ 29 I. :• ~ ' ' ~ • .~ A~• • ~• APPIIWIX np~n (Unit 2) - FR7CTRLY RATE WAGE ,SCI=IEDi.ILE (Ef fective 3uly 1; 1985") F~hibit #1 The basic hourly rate wage schedule for the following,classification titles, effective July 1, 1985 shall be as specified below; C~A.SSIFICP,TIONS Custodian Electrical/Me°chanica~l Maintenance Worker Equi~nt Mechanic Equi~xnent Mechanic Helper. Head Custodian Maintenanee Worker Park Forernan ' Park Maintenance Leader Park Maintenance Worker Public Works Leader Senior Maintenance CNorker Sewer Maintenance Leader Stree.t Sweeper Operator 5wimning Pool Maintenance Worker Water Foreman Water Leader Water Meter Reader-Service Wqrker Water Meter Repai_re,r Water Plant Operator Water Systan Service Worker=Plant Operator I II III IV V ~i.~i8 7.02 7.37 7.75 8.13 T0.21 10.69 11.24 11.80 12.40 T0.05 10.56 11.09 11.64 12.23 7.71 8.10 8.51 8.92 9.37 7.71 8.10 8.51 8.92 9:37 7.71 8.10 8.51 8.92 9.37 9.55 10'.03 10.52 ~ 11.04 11.61 8.88; 9.33 9.80 10.29 10.78 7.71 8.10 8.51 8.92 9.37 8.88 9.33 9.80 10.29 10.78 8.08 8.50 8.91 9.35 9.82 8.88 9.33 9.80 10.29 10.78 8.98' 9.42 9.89 10.39 10.91 7.71 8.10 8.51 8.92 9.37 9.55 10.03 10.52 11.04 11.61 8.•88 9.33 9.80 10~.29 10.78 7.90 8.:28 8.71 9.15 9.60 8.08 8.50 8.91 9.35 9.82 9.00 9.46 9.93 10.43 10.95 8.08 8.50 8.91 9.35 9.82 30