HomeMy WebLinkAboutResolution 84-137 N.C.S. 06/25/1984,=- 1
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Resolution No. 84-137 N, C. S.
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE. DULY AUTHORIZED` REPRESENTATIVES
OF THE CITY OF PETALUMA AND THE CITY OF
PETALUMA EMPLOYEES' ASSOCIATION FOR EMPLOYEES
IN UNIT 2 (1~1AINTENANGE)
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 Employees' Association• have. -executed a Memorandum of
Understanding (June: 2.1, .1984) pursuant. to Sec"tion 1'5, Resolution No.. 5512
N.C.S. and recommend .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 to 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 l,- 1984, through Jizn;e 3;0, 1985.
Under the power and authority conferred upon this Council by; the Charter of said City.
i ~ ~
I hereby certify the. foregoingkResolution was introduced and adopted by the ed to
Council of the City of Petaluma at'•a_,.(Regular) (Adjourned) (S~i) meeting
25th t•°• June 84
. day of a~.......:." .
on the ...-• .................... ........,..............,........................:, 19.-... , by the
following vote:
City Attorne
AYES: Battaglia, Bond, Ca•uanagh, B:alshaw, .y,ce Mayor Harberson, M r Ma tei
. c
NOES: None
ABSENT: (? - ,,
~iQ
ATTEST: . ,~ - - .. -:-...- _.. _..:.... ......... ................. ......... ... ...
City `Clerk Mayor
Council; Fila....._ .....................:......
Foim;Ct12 ~1.1 t 2' Resr No.........~4-.~.~.7.-..
!'~ ti . ~
MEMORANDUM OF UNDERSTANDING ~°
B'e twe e,n
THE CITY OF P'ETALUMA
And
CITY OF PETALUMA EMPLOYEE S;,ASSOCIATION.
This document represents, the final and complete Agreement resulting from the
1984-85' Meet and Confer sessions with the City of Petaluma Employees
Association, Unit 2,,.
Repr:e ent.atiyes of the City and. Unit 2 acknowledge that they have fulfilled
their mutual and r.espectve obligations to Mee t. and Confer under the Meyers-
Mlias-Brown-Act. As.a result, the parties have; come to a mutual understanding
which the representatives of the City and Unit 2=, who have, the approval of
their members, agree to recommend for acceptance and approval to the City
Council of the City-of Petaluma.
The parties affix theix signatures as constitutng;~mutual ac¢'epaance and
recommendation of thi"s Memorandum of Understanding to become effective July 1,
1984; upon accep ance and approval of the City Council.
CITY OF PETALUMA EMPLOYEES ASSOCIATION
<<
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CITY OF PETAIUMA
<.~....Y: ~ ~, g
TABLE OF 'CONTENTS
ARTICLE PAGE
PREAMBLE,
1 RECOGNITION 4
2 DEFINITIONS 4
3 ASSOCIATION; SECURITY 5
4 ,DUES CHECK OFF' S
5 •ASSOCIAT,ION RIGHTS 7
6 GENERAL PROVISIONS' 8
7 GRIEVANCE PROCEDURE 9
8 DISCIPLINE 10
9 MEAL & R'EST'PERIODS 10
10 CLASSIFICATIONS AND WAGES 11
11 OVERTIME 11
12 CALL BACK PAY ~ 12
13 :STAND BY PAY 12
14. RATES OF PAY ON TRANSFER 13
15 SENIORITY 13
16 PROBATIONARY EMPLOYEES 14
17 LAYOFF AND RECALL PROCEDURES 15
18 PROMOTIONS 16
19 SICK LEAVE 18
20 INDUSTR-IAL INJURY LEAVE 2D
21 HOLIDAYS 21
22 VACATIONS 22
23 ALLOWABLE COMPENSATION WHILE ON DUTY AS A JUROR 2.4
24 ANNUM, MILITARY DUTY 24
Z5 OTHERS LEAVES OF ABSENCE 25
26 RETIR'EMENT'PLAN 26
27 TERMINATION PAY' 27
8 HEALTH AND LIFE INSURANCE 27
9 SAFETY 28
0 EMPLOYEE J,OB TRAINING 28
1 SEVERABILITY CLAUSE 29
APPENDIX A: Hqurly Rate Wage'Schedule 2
2
3
3
30
2
PREAMBLE
This AGREEMENT entered into by the CITY OF P.ETALUMA, hereinafter referred to as
the City, and THE CITY OF'PETALUMQ EMPLOYEES ASSOCIATION., hereinafter referred
to as; the Association.
The parties hereto desire to confirm,.and maintain the spirit of cooperation
which has existed between 'the City and t-s employees;., The Associa ion and the
City will strive to.promote a harmonious relationship between all parties`to
this agreement tha will result in benefits to the Cty'''s operations and its
employees; and pro~'de continuou's and unntexrup,ted §ervices.
Both .parties-agree to the establishment of an equitable and peaceful procedure
for the resolution o;f differenc°es;.and the establishment of rates of pay, hours
of work and other terms and conditions of employment.
The. u e of the masculine; or feminine gender in this Agreement shall be
construed as including ,bo:h genders and not as s'ex .limitations.
3
ARTICLE 1.
RECOGNITION
DESCRIPTION~OF UNIT
1. For- the purppse of meeting-,:and conferring with respect to wages, hours,
and .conditions of. emp oyment, the City to the extent permitted by law.,
r;eco.gnzes- the Association as the representat"ive fo:r all employees who are
employed in and. as signed to, the job classif`icati'ons which in the aggregate
constitute the City's work Unit :Number Two ('2) (Ma~irntenance).
ARTICLE 2
DEFINITTONS
l.. The terms "employee°" and "employees" as use d. in this agreemen (except
where the agreement clear-ly indicates ot-herwise) shall mean .only an
employee or employees within the unit described n.DESCRIPT.ION OF UNIT.
2. The 'term '=temporary".shall mean any individual or individuals whose
einploymernt is: 1im~ted in duration.
3. The term "full-lime employee" shall mean an emp oyee whose normal schedule
of. work is forty (40). hours per. calendar week,
4. The term "part-=time employee" shall mean an employee whose normal schedule
of work is less than- .twenty (2,0) hour"s per- calendar week.
5. "Calendar.day" means. the twenty-four (2.4:) consecutive hour period
beginning at midnight, and ending at midng a the following day.
6. "'Calendar- work 'week" means any consecutive 168=hour. period.
7. "Normal workweek":means any f'qe (5') consecutive calendar days within a
calendar work week;..
8. "Seniority" means uninter-rupted employment with the City beginning with
they Ia_st date hired b: the Cit
_ y ;y and; shall include .perio,ds of Gity
employment outside the Unit, bu shall exclude periods of layoff and
'leaves of absence,, except medical,; in excess of 30 consecutive days,
including the first 30 .days of such absence.
9. An empa~oyee is a~''probatonary employee" for hi s: firs t' six (`6) months of
employment. Per-iods'of .absence exceedng,f::ive (5) working days steall not
be counted towards completion of "the pr.oba ionary period.
4
' ARTI'GLE ;3
AS$OCI'6TION SECURITY
1. It is the intent of this, Article to provide for the regular, dues of
Assoc;ation,members,fo be deducted .from their .warrants insofar as
permi ted by law: The City agrees to deduct and, transmit to "the
Assocation,.dtres from all Association members within the foregoing unit
who have signed an author'zation.card for such deductions in a form .agreed
upon by the City and the Association. However, the City assumes no
responsibility either to the employee, or to the Association, for any
failure to make or fo,r any errors made in making such d''eductions.
2. The written authorizatgn for Association dues deduction shall remain in
full f•,orce, and effect, during the life of the 'current agreement between
th'e City°and the' 9ssociaton' unles cancelled in writing.
3.. Upon. written requ'e'st. of the Associate"on the C ty"shall change ,the: amount
of due`s deducted from Association members' warrants..
4. The Association, agrees. to endemnif.y, defend, and hold the City harmless
agaens any claems made of any nature whatsoever,. and against any suit
instetuted against the Cety arising fr-om_ets check-off of Assoceation
dues..
ARTICLE 4
DUES CHECKOFF
1. During the li_f;e of this Agreement, and to the extent the laws of the State
Hof. Caleforna permit, and as proveded in this Article, the City will
deduct one month,'.s current and pereodic,Assocatron dues based upon a
uniform dues s'cledule from .the pay of each emp ogee who voluntarily
executes and delevers to the City 'th'e following suthorezation form:
VOLUNTARY 9UTHORIZATLON FOR DEDUCTION
OF ASSOCIATION. DUES FOR THE
CITY OF PETALUMA ENIPLOY,EES ASSOCIATION
NamE'
(type or pren_t
Social Security No.
Divesion and Department:
2. L authoreze' they Ci y to deduct from, wages earned by me monthly Assoceaton
dues as cer.tif.ed to tl"e C"ty by the Secretary-.Treasurer of the
Association, and to ;remet the same to the Associateon at such time and- in
such manner as may be agreed upon betwe'en"ehe City and the Association.
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3. This authorization anddrection_shall.reman in effect from
to and shall be for that.
period of time; provided, however'.,.that.t shall not extend beyond the
term, of this agreemen ,. This authorization and direction shall be auto-
matically revoked upon my termination of employment with the City.
Signature of Employee
Address of Employee
Date of Signing
Da e of .Delivery to Ehe City
4. The following certification farm shall be us'ed,by 'the Association when
certifying membership dues:
CERThFICAT,ION OF SECRETARY=TREASURER
OF THE ASSOCIATION
5. I certify that. the membership dues for employees in the unit is
per
Date.
Signature
(S:ecretary-Treasurer of the Association)
Date of Delivery to the
City
6. Payroll deductions shall be made in: equal amounts from each regular pay
check p"r;gvded, however, -the initial deduction for employees shall not
begin urilesse
1. A properly" executed "Voluntary Authgr,zaton for Deduction of
Association Dues" is on fle• with. the City, and,
2. The amoumt of. the monthly membership dues certified by the Secretary-
Treasurer of the.Assgciation has~been delivered to the City at a
place des-gnated by the City at Ieast ten (IO) calendar days prior to
the last day of 'the° pay period'.
6
T. Changes in the amount of the monthly membership dues must be delivered to
the City at a pl'aae 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 effective,
8. An.employee may revoke his "Voluntary Author,~zaton for Deduction of
;Association Dues", only as provided by the terms of his Voluntary Authori-
z~at~ion.
9. All sums deducted by the.C'ity shall 'be remitted to the Secretary-Treasurer
of the Association at an address given to;~the-Ci.ty b,y the Association, by
the tenth (l0~th) calendar da.y following the; pay period when the deductions
were. made, toge her with a list of names and the amount deducted for each
employee for whom a deduct--ion. was made. The City-will also notify the
Association of the name of each'employee who revokes -his "Voluntary
Authorization for Deduction of Association Dues".
ARTICLE 5
AS,SOCIATION'RIGHTS
6SSOCIATIQN STEWA&DS AND ASSOCIATION REPRESENTATIVES
1. The City .reco"gnzes and. agrees to deal with the accredited Association.
Stewards an'd' Representatives of the' Association in a`11 matters relating to
grievances and the interpretation of; thus Agreement..
2. A written ast .of the Officers of the As'soe,ation ;and the Association
Stewards with' the. sp,ecif-ic area!s'they represent, .shall be furnished to the
City. Notice, of any changes of ouch Association Offices or Stewards shall
be promptly forwarded t o the City in writing.
3. The number of Association S ewards shall not exceed three. Any change in
the number of S ewards shall be made by writ-ten .consent of both parties.
4. Upon the request of t'he aggrieved employee.., a Steward. or Association
Off"icer may investigate the pecif-e;d grievance, provided it is in his
assigned~wor~k area, and assist in i s presentation. A reasonable amount
of paid time .5ha11~ be af:ford''ed the Steward or Association. Of--f ice r; while
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investigating'su'ch grievance. In presenting such gr-ieVance t:o~ the City
the Steward o.r~:Association Officer shall. be allowed, reasonable time off
during regular working hours .without loss of pay, subject to prior
notification of 'h is immedia e Superys_or and with the concurrence of the
City Man_ag'er.
5. Upon. request to: the City M,anage.r, a representative of the Petaluma
Employees Assoeiato.n who will be representing the employee in the
grievance proc'edure;:may visit wor,k..areas at a time mutually agreeable to
both parties for the purpose of preparing the case. Such visitation
rights shall be limited to a reasonable amount of time and shall not
interfere with normal work operations.
7
6. During such visit the representatives may inspect any area relevant to the
grievance with the. .Association Steward or his designated representative.
BULLET-IN BOARDS
7. The City shall prov;id`e the Association .with space on bulletin boards in
areas where the Association has employees it represents for the purpose of
pos-ting Association notices. Sucfi,notices~~may b;e pos ed by the Steward,
although not limited to the following notices, they may include:
1. Recreational and social event of the Association.
2. Association mee;tings,. '
3. Association ;elections, appointments.
4. Results of Association elect-ions'.
8. In the even a dispute arises concerning,th'e aRpropriateness and/or amount
of material posted, the S eward of the Association will be advised. by the.
City Manager o:f the nature of the dispute, and the disputed material will
be removed from 'the bulletin boards until the dispute is resolved.
ARTICLE' 6
GENERAL PROVISIONS.
NON-DISCRIMINATION
1. The City will no;t interfere with or discriminate in any way against any
employee by reason of'hi•s membership in, or a`ctiyity required by 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 to represent all emp ogees w hout discrmina-
t;ion„ interference, restraints, or coercion. The terms of this Agreement
shall be applied equally to all employees, without discrimination as to
age,, sex, marital status, religion, race.,, color, creed, national origin,
or-. pglitical affiliation. The Association. shall .share equally with the
City the responsibility for applying -this provision of the Agreement.
NO-INTEREERENGE~AND NO-LOCKOUT GUARANTEE
3. The Association and its officials will no directly or'.ndrectly, take
part in any action against or any interference with the operations of the
City during the term of this. Agreement.
4. The City shall not .conduct a lotkoua of its employees during the term of
this -Agreement.
SPECIAL CONEER`ENCES
5. At the .request,. of either the Association or the Gity, conferences shall be
held for the purpose of considering .matters of mutual interest, other than
grievances. under consideration in the grievance procedure, provided. that
8
mutually accep'aabl-e ar;r•.angements as 'to time and place can be made. All
such` :confer.ences shall b.e ar,r:ange.d through th'e Steward of the Association,
or his designated rep,'resentatwe, acid a; designated representative of the
City Manager. Represerita;tive5 of. the Association, not to exceed two (2),
shall not, suffer loss of time or pay when absent from their normal
schedule of work fo,r the purpose of ataendng a conference. Conferences
may 'be attended'"by representatives of Petaluma Employees Association.
Benefit plan review and'. proper cla'ss_ifcation assignment will be
appropriate subjects for conferences.
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 Agreemen or the right,'s of either. the City or the: Association
under the terms of :the Agreement.
ARTICLE 7
GRIEVANCE PROCEDURE
PURPOSE
l.. The grievance procedure shall be used to pr-ocess and. resolve grievances
,arising out o'f.the irate-rpretation;y~appl'caton or enforcement of the
expr-:ess terris of this agreement.., :It is the .purpose of this .procedure to
resolve gr.ieVances at~the lowest pos ib'le level- and to provide for an
orderly procedure for reviewing and resolving, ,grievances promptly.
2:. An attempt shal_1 be made to ascertain all facts: and: adjust all grievances
on an ipf:ormal b'ass',between the employee and, if he desires, his
designated r,epresentat'ive and a supervisor' in the employee's chain of
command 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.
3. If the grievance is not adjusted' o th'e atsfaction of the employee.
involved within five. (5`.) working; day's after the presentation of the
grievance, the grievance shal'I be submitted in writing by the employee
and/or: his designated r-;epr-es'entat=iwe to the Department Head with a copy
thereof, to the ;P'ersonnel Officer within the, next.. ten. (10,) working days..
In every case the grievance, .must be signed by .the employee. The
'D.epartment Head shall meet with the emp oyee and/'or hs'designated
repr:'esentatwe -within five (5) work-rag da"ys of. the receip of the: written.
,grievance :and shall deliver his answer to the employee within five (5)
' working days after the meeting in writing..
4. I-f the grievance is not adjusted then., the Personnel Of'fice'r shall mee
with 'the. employee. and/o-r is designated repres;enta ive within five (,5)
working days, of the receipt of ,the writ en grievance and s,ha1-1 deliver his
answer to~the employee within five ('S) 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
9
must be made: five (5'). working days of-..ter the Dep:a-rtment ,Head's or the
Personnel- Of'ficer''s ,response is given 'to the ',grievance.
6. The Personnel Board's decision. shall. be submitted. 'to the City Manager for
deaermination. The Board shall not have the power to add to delete, or
alter any provision of this agreement., but shall limit its decision to the
scope, application and nt`erpreaaton of this agreement.
7. _ At any step in -the grievance procedure, the :employee; may at' his election
be permitted t,o. have."a Shop Steward or .other Association representative
present to ass~i5t h-im ;in the .presentation o'f h'is g_revan'ce;. .The Associa-
ton may designate the Shop Steward and sha l notify the Department Head
and the City Manager of the appointment. Should an employee' elect to pre-
sent. a grievance in °per,son and wi hou:t 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.
ARTICLE 8'
DISCIPLINE
1. The. City should no,t discharge or take oaher:dscplinary•action without
just. cause. If_ th`e C~i y has. reason to reprmaiid an employee;, it should be
~d'one: in a manner that will not embarrass`.the employee.
REIMBURSEMENT FOR LOSS' OF BENEFITS
2. In the event an :employee is disciplined'or. discha-rged and' an appeal is
made as provided in €he Rules of 6ppeal of the Personnel Board in the
Rules and-Regulations of the.Cty~-of Petaluma, and such appeal results in
a de_eis-ion favorable 'to the employee,, he. shall be reimbursed for loss of
pay. or fringe benefits, as recommended `by the Personnel Board.
ARTICLE ~9~
MEAL AND REST PERIODS
1. All employees: shall be granted. a„meal period of thirty (30) minutes during
,each scheduled work shift; except -for employees who work other 'than the
regular day shift. Th`e designs ed thirty, (3.0:) .minute meal period shall. be
without pay. Hgwever, if an employ.,ee. is required to wofk more. than five
(5) consecutive hours w'hout,a meal period during a regular- work shift,
the employee shall be paid at. the rate o'f t_ime. and one=half ('1-1/2) for
all t-me wgrked in e;xces of five (5) hours .until such time as the
employee receives a. meal,. period.
2, fih'e City shall, pay $62..00 to an emp 'oye:e who is requested and who does, work
two (2) hours beyond th'e employee's ;normal quitting time and has been
prevented from eating a meal af'te-r. 'such quitting time.
3. There shall beygranted a. rest period at a~time, place and manner that does
not interfere with the effcien operation of 'the Department.. Such rest
period shall be with. pay and shall no't exceed fifteen (15) minutes for
each .f our (4) flour of work. The rest period is intended to be a recess
to be preceded and followed by an extended Work period. Consequently, it
10
may not~be,,u ed to: cover. an. employee's Tate arrival to work o:r early
departure, to extend the meal period, nor may it be regarded as cumulative
if' not taken;.
.ARTICLE '10
CLASSIFICATION AND WAGES
WAGE SCHEDULE
1. Wages hall be paid in accordance with -the wage schedule set forth in this
agreement in Appendix A.,
2. The. pay grade assi~gne;d to each existing classification and the pay grade
assigned to each new or .changed classifcat'ion.shall remain in effect
during the term `of this agreement unles th`e job content of a classifi-
cation is` substantially .changed.
N.EW OR CHANGED .CLASSIFICATIONS
3. In the event a riew classification is established:, the City shall assign it
. to a pay grade based upon the work to be perf'ormed' after comparison with
other classifications.
4. The:C'ity shall `provide .t1ie.Associaton with a written classification
description o:f the new or changed class`"ficaton which shall describe the
~conten't sufficiently to identify the classification.
S. Upon receipt o.f' the 'C`ity,'s desorip;ton, the Chief' Steward of the Associa-
ton;; or his designated.re,presentative,,-shall be afforded an opportunay
to d`scuas: the new or changed classification and assignment: to the pay
grade with 'the Gity Manager or',his representative.. If th'e As'soca;ton
does .not request a meeting; within five (`S`) calendar days of the receipt of
the City's-recommendation, it shall be deemed to 'be approved by the
Association.
ARTICLE 11
OVERTIME
OVERTIME 'P-REMIUM
1. All hours worked in excess of eight' (8), in any one. day or in excess of
forty ;(4b') in any work week shall. be .paid forat the overtime rate which.
shall., be one and,one-half (T-1/`2) tmes'the basic. straight time hourly
rate of pay. Overtime shall not .be pyramided or compounded..
2. An employee may receive overtime in `the~fo:rm of.compensable time off at a
mutually agreeable time"between the City arid.the~employee at a rate of one
and one-half (1-T/2)- hours of compensable"time for each hour of time
worked.
1.1
3'. During t-he period of "this Memorandum of Understanding, an employee may
accumulate unlimited compensation time"off. The. Asso,ciatoii agrees that
all accumulated comp'e_nsation t-ime as of June."30;, 1'9$5, but for twenty-four
(24) hours, will be paid to the employee by the City.. Compensation time
may be~.'taken`by the .employee up to a"maximum. of five" (5) days at any time
at a time selected by the employee, subj':ect to the operational
requirements of the City and with approval determined by the City.
REST P~ERTOD.S DURING OVERTTME'WORK
4. When'ev:er practical, employees who for any reason work beyond their regular
:quitting time into th"e next shift will b'e afforded a fifteer- (15) minute
rest period bef:oxe st'art,ng.work on the next. shift.. In addition, they
shall be granted the: regular rest period unless an emergency situation
occurs or exists:.
SCHEDULING OVERTIME
5. In general,, overt-ime work shall be voluntary, provided., however, when at
least twenty-four (24") hours advance noaice o"f ~an overtime assignment is
given or when it is not practical to give advance notice, an employee
will be expected. to work. .
DISTRIBUTION
6. Overtime shall be distributed as equitably as possible, without
favoritism, and, in the best interests of the City, among. the members of
the department who are;qual`fied to perform and who have demonstrated the
ability to ,perform overtime services e°ffic~e"n_tly.
ARTICLE' :12
CALL .BACK PAY
1. 9n employee who is called back to work after having comple ed his regular
shift and left`:the G;ty p.remses shahl receive a minimum of two (2) hours
work~or two (2) hours pay, at the overtime r-;ate. To the extent an
employee is paid overtime-premium pursuant to the overtime schedule listed
above, he shall not be paid overt-ime premium under the call back section
£o r. t-he same time worked... Tfiis paragraph. shall no.t apply to employees who
are called in early for, a. shift, i..e„ when they work contnously from tYie
time."they are called. in until their regular shift begins.
ARTICLE= 13
STAND-BY' PAY
WEEKEND 'STAND-BY
1. Weekend stand-by, for the purposes of this Agreement, shall mean time
which an employee 'must be available on.a "call,bass' outside the employee's
normal work week in or-der to be availa,bae to"res:pond to emergency calls.
2. A minimum compensation of $35.00 p,ay for each' day of weekend stand-by from
4:30 p.m., Friday, to 8:00 a.m:, Monday, plus an additional allowance of
12'
;pay f,or' a'c'tual hours spent on a call out while on stand-ty at 'the overtime
rate of time.~and one-half shall be paid by the.Cay., A -minimum of one
',hour at that rate for every .call or ,assignment shall b:e paid by the City.
HOLIDAY STAND-BY
3. For a City designated, fixed-date holiday that falls in he five. (5) day
work week, a minimum of $35.OO~pay wil'1 be. paid by the City to an employee
on such 'holiday stand-by.
ARTICLE 14
RATES OF'PAY ON TRANSFER '
1. When_ an emp=loyee is promoted, he shall b:e p;aid the hourly rate .next higher
to lis own within the. pay grade for the classification to which he was
promoted.
2.. When an .employee is trarnsferred-from one: classification to another
classficat•ion,n the same pay. grade, his hourly rate shall remain the
same.
3. A permanent. or. probationary employee who~is transferred to a class with a
lower salary without a break in service will. receive the same rate of pay
he received prior'"to-the txansf.er. Such salary shall not be increased
unt`1 the time that a higher salary o'f. the class to which he was
transferred equals, or exceeds his-salary,. Such transfer may be
departmental or inter-:departmental; an'd may be~~made by appointment from an
employment list,: temporary ap.po;intment, reclassification of position, or
reorganization of department, and sha"Il be in aceo•rd with the personnel
rules and. .regulations .. The provision 'of this rule. does not apply in cases
of, disciplinary demot-ion, demosign in lieu of layoff, or,'voluntary
demotion.
.ARTICLE 15
SENIORITY
__
STATEMENT OF PRINCIPLES OF :SENIORITY
1 'In fhe~event of any reduc ion in the work force, the City will ap.p,ly th.e
principle of seniority, merit and abtl"ty being ,equal, and the last
employee Hired `shall b.e t:he first .laid' off:. In rehiring;"" the last person
laid off shall be the first :rehired. A complant:regardng compliance
wCh.ahis section shall be a sub°jec~t for grievance. In .rehiring former
employees laid off under this Arficle, the City shall of;f.er reemployment
in the ,ord`er~of seniority to such-former employees who at the time of lay
off" were performing serv,ce's :essentially, the swine as, required for the
vacancy, provide'd.tha't the period o~f lay off has not exceeded one (1)
year'.
2. In ,shift assignments, the City will give consideration to the preference
of emp oyees and to seniority;. provided; however; what final
responsibility and authority in job ..assignments, the determination of
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qualifications„ and. the-method.o'f de.t`ermnng the qualifications for any
job, Ball remain vested in the C=ity. "
LOS'S OF SENIORITY
3. Seniority shall be terminated by:
a. Resignation
b. Discharge for cause
c. Retirement
d. Failure fo return 'to work from, layoff within seden (7) calendar days
after notice to return by certified or registered mail or by telegram
addres ed. to, the .employee at his last .known address on file with the
City Personnel Office
e. Absence from wgr,k for three (3') consecutive working days without
notifying the'City,. except when th,e~~failur,;e to notify and work is due
to circumstances beyond control of. employee. After such unexcused
absence; he City shall send. written notice to the employee at his
.last known addr-:ess 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, class•ificaton title,, department, and .seniority date of all
employees. The Association (Petal_uma 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 senor€y list, including the. same informa ion, 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 wn 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.
ARTICLE 16
PROBATIONARY EMPLOYEES
1. An employee is a probationary employee for :h is first six mon hs of employ
ment,n any classification. In the, event of a promotion of ,a permanent.
employee to a higher classification, the six month probationary period in
the higher classification will be red'uced' by one day for'each two days the
employee had worked' in temporary assignments in ,that higher c°lassif ica-
tion. Periods of abaence exceeding five (5) working days shall not be
counted toward completion of the probationary period.
2. No matter concerning the discipline, lay off :or termination of a
probationary employee shall be subject to: the grievance procedure..
14
TEMPORARY'APPO'INTMENTS
_. _
3. It shall be the policy of the emp.loyer..to avoid temporary appointments
whenever ;possible., unless failure to do so will seriously hamper the
success of City program. Under such circunstances and when .sufficient
time may not be taken to fill a permanent, position through .the normal
procedure, a temporary appointment may be made. Emp.loy,ees receiving
temporary appointments shall be required to qualify by the normal
selection procedures 'to become'a probationary employee in that class
within s-xty (`6`0)' days .
ARTICLE 17
ZAYOFF.AND RECALL PROCEDURES
LAYOFF ;PROCEDURE
1. When employees are to, be laid off., the following shall be the order of
layoff: .
a. Temporary employee's in 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
otherwise;iCn order to maintain a balanced department or work unit and
to maintain empaoyees ;in the class~ficataon or department who have
the ability to perform the caor.k available.
RECALL PROCEDURE
2. An employee who has been. 1"aid off or transferred as a result of a
reduction on the.wor.k:force stialT.be recalled to work in reverse order in
which the employee was laid off or transferred, conditioned upon 'the
emp'loyee's ability to perform the work available •and that the priod of
such layoff or Transfer has no exceeded one (1) year.
3,. :When empl'oyee's are_ returned to. work after layoff, employees shall be
reca,l,led '_n reverse, order in, which the .empaoyees were laid off. The
employer shall send' by ;registered mail to the emp'1'oyee's last known
addres notfieati'on that the employee is being recalled. The employee
shall retu,r-n to work within seven' (7`) days of the date of mailing.
Failure to return after .no ice shall be grounds for discharge and total
loss of seniority.
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.ARTICLE 18
PROMOTIONS
SHIFT~CHANGES WITHIN A WORK SECTION
1. .. The Ct-y Manager may authorize a change fo;r an employee from one position
to another in the same or'comparable:class of work where 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 snottier shift, he shall file a request for
transfier identifying he shift he is in and the one he chooses to transfer
to ,and file it with. the Personnel Officer.
3. Request fo:r tr;ansf,e.r from one department o,r-work section to another
department or work. section h'avng a different.j'ursdiction or different
function sh'all.~be filed with the Peraonne'1 Of'f,ieer and shall be done only
with, the consent. ofboth departmen't'head's 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 minimum
;qualifications.for: that position.
PROMOTIONS.
S. Except for those-positions not requiring written examinations,, promotions
in the City' service shall be based on a compeatve examination and.
records of efficiency,: charac 'e r, conduct or other generally accepted'
qualifications deemed necessary o,r reliable in obtaining a passing grade.
`Th'e City will, give: sgnif cant consideration to the performance of the
employees, seniority; physical fitnes's,, and :ability to perform the work.
_ 'Lists shall be created and promot:i;on made therefrom in the same manner as
prescribed for o;r,gnal appointments.
6. Whenever p;ractcal., acancies shall be filled .by promotion. The rules
:covering promotional examination shall be the same as those governing
original entrance examinations..
NOTICE OF EXAMINATIONS
7. Notice. of examination's 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 .not ce shall=be posted at
least fy.e (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,;
c. Minimum qualifications required;'
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d. The method~of,'securng app`lica ion forms and the final filing date on
which applications: wi1T be accep ed;;
e. The relative weights assigned to the various .parts of; the
examination;.
f. The minimum passing score.
8.. In addition to the posting and any o tee's advertising that takes place for
pos-it ion as.ou'tlined 'in the above paragraph,, a copy of the notice will be
sent 'to the Asso:c,at-ion for those posit-ions in the work unit which they
represent..
AVOTDANCE OF TEMPORARY ;HIR'ING.
9. During: any period in which employee's are being considered for promotion
and during any posting period, it steal-1 be the policy of the employer to
avoid temporary employment to such p.os,tons; unless the failure to make
appointments to such positions woul'd:ser,ously hamper the success of the
City program. Under such circumstances and when sufficient time ,may not
be taken to fill a permanent position t'trough the normal procedure, a
temporary appointment may b'e mad'e.
10. An employee holding a classified position may temporarily be assigned the
duties of another position f-or a period not to exceed ninety {,90) calendar
day s; during any-fiscal y„ear.. The employee.sha'll receive either the next
Higher step in the ,e°lass'f'icaton ao wli-ch.:-he assigned or a 57
increase, whichever is greater .whenever the ,assignment exceeds five (5)
workdays during the Fisral'Year.
11, An emp ogee who has `been promoted but does not successfully pass his. pro-
mot~ona'1 probationary period of six (~6) months, shall be reinstated to t•he
position which; :he held pr-tor to the promotion.
12: Upon.. an-employee request within a orie (1) month per=iod following a
pr-omotion, he shall .be returned to a regular job opening in the
classification from which he was promotes;.°at .the pay r-ate from which he
• was promoted from; but in no event shall he lie held in the promo tonal
`p'os,iton over one :(l) month following his: request for: reinstatement in .the
1'ower~poston. Upon. reinstatement to the former position, the employee,"s.
.name will be'removed from the promotional el;igbili_ty list. '
13. An employee, who has; been transferred pursuant. to his; request ;or who has
been ,promoted and not re urned .to his former classfication;'need .not be
considered ,by the City -for. a,sub"sequen"t transfer or promotion during the
six month period following his transfer or promotion.
17
;. -
14. IFf the employ.e'e has filed.:more than one requesa for: t"ransf:er, only the
most recent o`f.hi's requests will. be considered'by 'the. City for making a
transfer,. Such transfer will be considered only if the employee.
possesses the minimum qualifications for: the position..
15: Emp oye'es 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.
16. In the event that an applicant aceep s ;a lower classified position, he
'will,be allowed to remain on the eligibility list for higher
classification until the list is abolished.
ARTICLE 1'9
SICK..LEAVE
ELIGIBILITY
1. An employee shall be eligible to receive sick leave in accordance with the.
provisions of this Article when he ;is unable ;to work because of a
disablia=y resulting from personal sekness~or injury, except no~sick
leave shall be payable for any injury or absence which results or occurs
as follows•
1. Intentionally .self-inflicted;
2. Participating in any criminal act;
3. `Partcipatr-g in a riot;
4. Working for an employer other than the City.
2. Neither shall any sick lease be .payable'{,1) during a vacation except when
hospitalized or equivalent confinement, o'r (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 recorded. To the ex ent necessary to implement this
Article, such records may be inspected by an individual employee ,and/or
autfiorized,Association representative.
ACCRUAL
4. Sick .leave shall ac,cr.ue to all full- 'me employees a the rate of one day
for each month of continuous serv,c,e.. No employee shall accumulate more
sick leave in any year than provided'.
5. Sick 'leave ..shall continue. to accrue while an employee is on uacaton, 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 probatonary'per.od;, with the approval of the City
Manager, may take up to one day sick leave with. pay for each month worked..
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EmpT_oyeea -hired: on or before the 1.4th ,of a calendar month shall be
. credited with one day of sick leave at the end' of fha month.. Employees
hired 'on or after the 15;th of the, calendar, month shall no"t be credited
with. any sick .leave for that calendar.month.
MINIMUM SICK LEAVE CHARGE9BLE
8. For the. purpose o;f charging sick leave,. the minimum sick leave chargeable
will be one working. hour.
BEREAVEMENT LEAVE
9. In the event of ;the. death of an employee'a. spouse,, mother, step-mother.,
mother-in-law, father:, step-father, father-in-°law;, <brother, sister, or
'child,. including an--adopted child, an employee who attends the funeral
.shall b.e granted time off' work with pay: The amount of time off work with
spay shall be only thaw which is regred to a tend the funeral and make
necessary funera arrangements, but in no .event shall i- exceed three (3)
wor:kng,days. These three ('3) days sha 1. .not be chargeable. to sick leave.
An ;additional two (2) days required for necessary funeral arrangements may
b:e charged. to the.,employee''s sick leave„'any additona-1 time beyond these
two days may be charged •to accumulated vacation, accumulated compensatory
time or leave wi hoot pay.
SICK LEAVE', GENERAL
10.. On taking sick .leave time,, the employee must notify his department head
eiaher'prior t;o, or ,with'=in thirty 'minutes after the time set for beginning
hs`daily duties. Lf an employee:'s duties beg-in before the switchboard is
in operation, he must notify the department not .later than 8:30 a.m.
1T. Sick leave shall not ,be considered .as a right which. an employee may use at
his discre ion., tiut a privilege which shall $e allowed only in case of
necessity and, actual sickness or dis'abi ty...
12. When an.employee ~s: ab'sent for more than three (3 ). consecutive days, the
City Manager or Personnel Officer may require :a doctor's certificate for
such sick leave absenc°e. When an ;employee: is ab-sent for ix (6) days or
more n,a calendar quarter or eghf (8) days or more in any tw,o.
cons'ecutve calendar quarters, the City Manager or.Personnel Off'c~er may
°require a d'o.ctor's certificate, pr-io,r tp.,payng sick leave f:or the days
absent, prgvided however, tha'~t ,absences for which a ~doctox's certificate
has been provided sha1T not count toward the aforesaid six day and eight
day periods.
13. If an employee has not. recovered b.y the time 'he has exhausted his
accumulated sick leave:, the City Manager,, upon. receipt of such request in
wr-itng, may grant him leave of absence. not to exceed the time limitations
of Article 25.
14. Upon tYie expiration of a leave of a~bsene quoted under Paragraph 13.., the
employee shall be reaurned to the same :e lass or position or to any
position to whicfi tie had been el+gible to transfer at the time his leave
1,,9
of absence was granted, provided he furnishes 'medical certification of
ability to per.£orm the position for which`he is eligible.
15. 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.
16. No penalties shall. be imposed on emplgyees fo.r taking justifiable sick
leave to which. the employee is eligible.
17. Up. to .two days per gear of an employee's act-rued. 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 re_lationsh"ip to the employee is~that of a legal dependent.
ARTICLE ~20
INDUSTRIAL INJURY LEAVE
WORKERS' COMPENSATION
1. Benefits shal'1 be payable in situations, wfiere.employee absence is due to
ndus.t~rial injury as proVded.in California S''a'te Workers' Compensation
Law: The amount o£ disability payments paid, to the injured employee shall
be deducted from,sa`lary payable to the employee while on sick leave.
During:. the first ten,(10) calendar days of absence;for industrial
disability, the Ci y will pay employees, an amount which when added to
their Workers' :Compensation benefit will equal tfier~regular salary rate.
This supplemental amount shall not be deductedfrgm 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. Thee. injured employee may choose
to receive work'ers' compensa ion payments' only, without City payment for
salary at no loss of sick -leave. Sick leave for industrial injury shall
no,t be allowed fora disability resulting from sickness, self-inflicted
injury or willful miscondu'c .
DETERMINATION OF INDUSTRIAL DISABILITY LEAVE
2. Exeep:f.°as ot_herwise.limted by this Article,. the amount of industrial
disab!ili y income available to an eligible employee ,shall be determined by
multiply-ng the number of ;hours, not to exceed eight in~a calendar day nor
forty in ,a calendar week,, of. time lost from work becau e o~f the
disability, times the employee's hourly rate at the time the injury
occurs.
NOTICE AND PROOF OE INDUSTR-IAL DISABILITY
3. No .industrial dsab.ili y leave .shall be permitted unless the employee's.
superintendent 'is, ngtfied of the. nature of th'e disability and the
probable duration thereof as soon a's,possb e, but in no event later than
the conclusion of the current work d'ay; except when the failure to notify
is due to circumstances beyond the. control o.f the employee. The injured
20
a ~l
employee must complete a notice of injury form within the ime limits
st•ated;.
4. In, alY cases on returning to work an employee. claiming, or having
received,. Indus r%a~l disability leave must 'cer-tify on a form.prow-ded by
the C~~ty a~a f'oll'ows:;
1.. The nature of the industrial disability which prevented him from
working, -including time, dates, and. circumstances, and whether or not
under °-the rare- of the' City's physician..
2. The amount of-time .lost from. work in hours because of the disability.
3. The name o•f,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 phys~eian stating that the
employee. has :.recovered and is capable of returning to work..
5. In the event that facts and'. rrcumstanc'es .indicate that the employee
may not be eligblefor industrial d'is'ability leave as claimed,
evidence of; industrial disability may be requested such as a
physician's statement of the industrial disability.
b. Arbitrary failure or,ref:usal to follow accepted medical practice in
treating a disability shall, be real"on f-or discontinuing or
withholding; industrial disability income:.
ARTICLE, 21
HOLIDAYS
1. Authorized, City observed':, paid holidays: '
A. The City will, designate ten,(10) paid, .fixed-date holidays for
employees in thi§ unit. Such holidays shall be establi'shed for the
C"ty's fis,ral year as determined ,by the City Council Resolution.
B.. During the fiscal year of the Memoxandum'of,;Understandng, for° those
emplo:ye.es h`-ire d' on or. before July 1 of thaf Fiscal Year of the
Memos-andum of Understanding, the :City will authorize one (1)
"F.lo'ating Holiday".;per employee., which may" be -taken-b.y the;"employee'
..during that Fiscal Year ,at a lime selected by the employee, subject.
to operational requirements and' approval as determined by the City.
2. The holiday shall be consecutive twenty-four (24)_fiour period star-ting
with 'the employee''s s 'arting time on the calendar day on wh"ich the holiday
is observed.
3. Each full.-time employee, 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, pro~•ded the employee meets fhe following eligibility
requirements.,
21
..r,
4, He works his. last scheduled work day prior- to. and his fair ,t sched'uled~ work
day f ollow:ing the.holday, unless failure to work on either or both such.
days is exeused.be,cause of. ('1-)' personal sickness o.r injury, or (2) other
extraordinary, circumstances beyond -the con rol of the. employee proven to
the 'satisfaction o,f 'the City Manager which cannot be corrected in time for
him to meet his employment ob-ligation.
5. An employee required' to work a paid :holiday shall receive, in °addition to
'the: eight hours holiday pay, further compensation of either one and one-
half days off or. pay at the overtime rate for the actual holiday worked.
6. Observance by an employyee of a_desgnated religious event may be granted,
if practical,; with at leas seven (7) days prig;r approval ,required for
such leave,, under 'the following me hod"s:
1. Time.char.ged to accrued vacation allowance; or
2, Time off wthout'pay.
ARTICLE 22
VACATIONS
1. The purpose of :annual uacation leave ~s'to enable each eligible full-time
employee annually to retu=rn to his. wor,k_mentally refreshed. All employees
in this unit shall be ,entitled to annual vacat-ion with pay except the
.following:
a. Full-time employees who. have served l.e`ss than l2 months in the-
service`-of ';the C-ty however, vacation credits. for the time shall be
granted to each such employee who later receives permanent
employment.
b. Emp oyeeswho work on a temporary basis and all part-time employees
who work less: than 1,0.40 hours per year..
2. All permanent employees o;f this unit a-f ter serving at, least one full year
are entitled to the equi~a-lent of ten (l0) working days of vacation with
pay ri the nex succeeding anniversary year. of employment, Al,l p'ermanen:t
employees of the unit, after five (5) years of continuous~ser-vice with the°
'Ct.y and,c'ommencing with the sixth year, shall be entitled to .fifteen (15)
working daps of vacation with pay p.er year'. 9fter 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 shal'1 have :the prior approval of .his. department head and the Gty
Manager:.,
3. The-time during; the calendar year wh.cli-'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 employee cannot take. .part
or all of his annu'ai vacation in a particular calendar year, such vacation
shall be taken during the following calendar year.
22
` Y
VACATIONS - GENERAL EROVISIONS
4. Except as .prov_ded above, an employee •shall not accrue. any paid vaca ion
time du"ring any ,leave ;of absence without pay or during any calendar month
in which he: is absent without pay for- fi-fte.en (15) 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.
HOLIDAYS` WITHIN VACAT.;IO.NS
7. In the event that one or.mo.r-:e of the. municipal holidays observed on the
specif-ic day falls within an annual vaca ion leave, aurh holiday shall not
be charged a5 vacation leave; and the vacation leave. shall be extended
accordingly.
EL IGIB'IL ITY
8. No~emplgyee shall be eligible for paid vacation time or receive pay in
lieu of vacation time before it seer-ue_s.
PAY. IN` LIEU OF VACATION TIME
9. An .emplo.yee. will receive pay in. lieu of paid vacation time (i.e., without
taking actual time=off from work) only under the following circumstances:
a. Retirement; or
b. Start of a leave of alienee without pay for more than 90 days; or
c. Resignation requested by the City; or:
d. Resignation, the Urnion.shall advise its members- thaw two (2':) calendar
weeks advance written notice should be given to the City.
e. .Death, in which rase an heir or heir s. will be paid.,
10. P:ay in lieu of 'vacation .shall be at the employee's hour y rate times the
.number of'hours of accrued vacation time.
SCHEDULING. OF"'PAID VACATION TIME
11. Paid ;vacation time: steal-1 be requested in advance by employees in
accordance. with procedures estabaished.by the City, except.tha't when
ex,traor.dnary crcumstan'ees occur-beyond the control of the employee, the
employee.:may be permitted to reschedule his vacation at a time mutually
agreed upon-.
23
SHIFT EMPLOY-EES
12, Th'e :first day off shall be considered as. a Saturday or irregular shift
employees for the purpose of computing. vacations and compensation for such
employees. Any questions relative t'o nterpre ation of this section shall
be .resolved by the City Manager whose determination shall b'e :final..
ARTICLE 23,
ALLQWABLE COMPENSATION WHILE ON DUTY AS JURpR
1. :Every classified employee.who serves as a trial juror or is compelled to
appear on behalf of° the City under service of process, shall ,be entitled
to be absent from the employee's du ies with `he City during the period of
such service or while necessarily being present in eour as a result of
such call. The employee shall be paid the d'if.f,e-rence between the
employee's full salary .and. any payment receved:~by the- employee, excepting
travel pay, for such duty. However, such time shall not be considered as
time-worked for purposes of Article 11, P,arag-raph 1.
2. For the purposes ,of this Article,, time served as a juror or as a witness,
compelled to appear on behalf of the City under subpoena, by an irregular
shift employee shall be paid' time. not t'o exceed the number of hours the
employee would have worked on such day. However, such time shall not be
considered as time worked for purp:o,ses o,f Article 11, Paragraph 1. It is
'the intent ofthis Paragraph to allow an .employ„ee compelled by law to
appear as a juror or wi ness to compute that time as a portion of the
employe'e's work' :day o tYiat the emp-loyee will not. be required to appear in
court under sere-ice of process and' also work a shift for the City during
one twenty-four (24}hour period.
ART:IGLE.24
ANNUAL MILITARY DUTY
1. An employee may be absent on :military leave as authorized in Section 395
through 3;95.8 of the Military and Veterans Code. of California. The
~employ.ee shall furnish to the City Manager.. satisfactory proof of his
order to report for .duty and of his actual service pursuant to such
order Employees with less than one (1) year' City service shall take
such leave ,without compensation from the City or as provided in the
Military and>Veter'ans Code. Armed Forces reserve or national guard base
pay shall be offset against such pay.
2. If an employee receives vacaton pay during a period of training or
service, he shall no be eligble`for the mataryy .leave provided by this
article for that period of time for which he receives vacation pay.
24
ARTICLE 25
OTHER LEAVES OF ABSENCE
MEDICAL
1. An employee who ("1) is unable to work because of non-industrial personal
sickness or injury, o.r (.2) has°exhausted sick leave and vacation payments,
may be granted a leave of ab ence w,'thout pay upon request in writing and
the furnishing°:o f; sat"sfacto",ry evidence of sickness or disability. The
• evidence of disability"may be furnished by any person having direct
knowledge of~ the sickness or disability. The" leave of absence available
pursuant to: this"".paragraph contemplates a short term leave which is agreed
to be a period of one calendar month or less:
2. For continuing disability, extended leave o;f absence without. pay may be
granted for .a period up to six (6:) month's unless further eYtend`ed by the
City. In, no event will an: extended leave of absence without pay exceed
one (1J year': The.- amount of extended leave of absence .granted pursuant to
this paragraph shall be d`epend'ent upon the employee`s furnishing
satis,facto"ry proof' of. disaliility; a showing of receiving, continuing and
appropriate medical treatment'.; and the furnishing of a physician's opinion
that leave of absence is warranted f'or.medcal reason and'.that his
prognosis ,is that the employee wll~be physically fit to perform his
duties, at the end"" of tfie~ reque ted lea~e.of absence.. In the event. the
employee's physician's prognosis and reports. equivocal:, the City may'
request its physician to submit his independent report.
PERSONAL
3. An employee-for personal reasons may be; granted a leave of absence without
'pay by the City fo"r a period not to exceed three (3.). months. The leave
may be.extended_for additional period's, but"in no case shall a leave and
extensions exceed six. (6) months. A heave for personal. reasons as :here"in
provided may no be used' to extend, or compound a weave of absence granted
under any othe'. provision of this agreement.
ASSOCIATION
4,, An employee who is elected or appointed.to office or'who is selected for
regular employment witfi the Association .(City:o•f P.e a'luma Employees.
Association)'; uponwr:i'tten request of the Secretary-Treasurer of the
Assoc•atio:r, may be g"ranted a, leave of absence witfiout pay for not more
than thr-ee (3) months. Upon written request of~the Secretary-Trea"surer ;of
tfie.,Asso:ciation, the leave may b:e extended"for additional periods,. but in
no case shall a leave and extension exceed six {6) months.
ASSOCIATION - EXCUSED' ABSENCE
5'. An employee wlio is eleet'ed or aele'ct~ed by th'e .Association„ upon • the
written request of the Secretary-Treasurer of the Association, may be
granted an excused absence without pay £or'a period not to exceed five (5)
days per year to attend conferences or conventions.. Not more than one
employee will be granted an excused absence at any one time.
25
METHOD OF REQUESTING LEAVES OF ABS'ENGE.
6. An employee who de fires ,a leave of ab ence from work without pay shall
file a written request with the Department Head on ,forms provided by the
Bersonnel Department, stating the title of h's position, the :beginning and
ending dates .of the requested leave and a full statement of the reasons
for. uch request. The Department .Head may grant or deny such leave for a
period ,not to. exceed three work days.,. Request for additional weave must
be submitted in the same manner to the City Manager.
RETURN TO AGTIVE EMPLOYMENT
7. In order to be e-ligble to- return to ac five employment, the employee
returning from a medical .leave of absence must ;provide:, at least fourteen
(14) calendar days prior to ,,the end of leave, a statement .from the
employee's physician releasing the employee to return to work. If ,the
employee cannot return 'to his former position, he,~will be placed in an
eligb e category fora classification for which he has the ability to
perform the work. .
8. The City, at. its option and wthouf cost to the employee„ may require that
a physician or physicians o.f its choosing examine the employee before
returning him to active employment.
GENERAL CONDITIONS
9. During ,a leave. of absenc'e.; an employee will not accrue vacation nor be
eligible for ang payments "for time off work. as provided by .this agreement.
10. Subject to and conss east with the Group Health and Life Insurance Plan,
coverage may be .continued during a. .leave of absence without pay provided.
direct payment of the total premium is made by the employee in a manner
prescribed by the City.
11. During a leave of 'absence, both the City"s and-.the employee's
contribut=ions to: the Emp ogees' Retirement Plan are discontinued and
benefits do no.t accrue, nor can they be w~thd'rawn, nor. are they forfeited.
ARTICLE 2"6
RETIREMENT PLAN
1. :During the. term of this agreement:., the City shall continue membership as
an agency under'coastract with the State of California 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 earn-ings a re'tiremerit contribution at a percentage rate
established by fhe Retirement Law..
26
3. In the event of death o'r retiremen an employee; who `fia5 completed ten
°. a
(10) year`s or more with the .City shall-receive fif,.ty percent {50~) of his
accumulated but unus'e'd sick leave, no to exceed sixty (60) days.
4. Tfie City will modify its' contra c• with PERS to implement the following
options:
a. Sink leave credit.
b. Last year compensation.
ARTICLE; 27
TERMINATION PAY
VACATION P-AYMEN~T UPON, TERMINATION
1. Upon termination, voluntary resignation, o:r retirement after one full year
of continuous service, with the City or more, the employee shall receive a
lump sum ,payment for all accumulated bu u_nused~vacaton time.. Two weeks
advance notice in writing should be given "t:o the City of the termination
date..
HOLIDAY- AND COMPENSATORY TIME PAYMENT UPON SEPARATION FROM CITY SERVICE
2.. Employees separaped from Gity service shall.receve.a lump sum payment for
all accumulated but.unus'ed compensatory time granted in lieu of holidays
and all other accumulated' compensatory time.
COMPUTATION `OF SEVERANCE ALLOWANCES
3. Co.mpensabpn for vacs-t ion and,ho,ldays as described in this Article shall
be computed at the: empl'oyee's hourly rat e. on the effective date of
termination.
ARTICLE 28
HEALTH AND LIFE INSURANCE
1. City of Petaluma Group Medical-Hospital Insurance Program.:
The City shall_ provide for a group medical-hospital insurance coverage
program for City employees in this unit. T1e Gity sha-11 pay during the.
period of this memorandum for~any increases in premium of the following
health plans: Kaiser, Health Plan of the Redwoods, and Foundation for
Medical Care of Sonoma~County.
27
2. City of Petaluma Group Term, Life Insu>ranc'e Program:
The City shall provide fo;r a,g~roup term life insurance program for City
employees in this unit. The City shall pay, during 1983=84,, the insurance
premium towards employee.gnly coverage for such•nsurance in the principle
sum of $5,000 per. employee.
3. City of Petaluma Group Dental Insurance Program:
The'City shall p .oyide for a group dental.nsurance program for City
employees and dependents in this unit. The City shall pay, during
the period of this Memorandum the full premium toward the City group
dental insurance cover--age program.
ARTICLE 29
SAFETY
1. The City and the Association will cooper--ate in the. continung.objeet'ive of
eliminating, accidents .and health hazards and will work toward the
establishment o,f a S'af.ety Committee involving employee and management
participation: The Gty shall continue to make reasonable provisions .for
the safety and health of its. employees during the hours of their
employment.
ARTICLE 30
EMPLOYEE JOB TRAINING
1. Not later tharn January 1, 1-9$1, the City of Petaluma will develop a
tfaning program for employees in Unit 2.
The City of. Petaluma Employees Association will be consulted regarding the
development of said training program, which shall b'e cos~istent with the
ideas' as .discussed by the representa't'ives of the City and the Association,
during meest and confer sessions in May, 1980.
28
ART-ICLE 31
SEVERABIL'ITY CLAUSE
1. In the event that any portion.o'f this agreement is declared invalid by a
court of competent jurisdiction, it shall noa effect the v.al-dty of'any
other portion of thin agreement: not invalidated. 9ny portion held invalid
shall be re-negotiated so as to effectuate the purposes and intent. of the
.invalid portion if Tegal'ly possible.
NEGOTIATIONS
2. Negotiation Period: The Association will submit in writing to the City
not les than ninety (90) days prior to' the expiration date of this
. Agreement any proposed modifications to this Agreement for the subsequent
Fiscal Year. The parties will commence Meeting and Conferring not less
ahan seventy-five (75) days prior to the expiration date of-this Agreement
and will endeavor to reach.: an agreement;, in a°written Memorandum of
Understanding fo-r submission to the°City Council for its determination,
prior to .the adoption by the Cty~of its Final Budget for the'subsequent
Fiscal Year.
TERM OF AGREEMENT
3. This agreement is subjec to the approval of the City Council. of the City
of Petaluma.
4. fihe terms, beneft;'and conditions of employment granted this unit are
governed solely by this memorandum of agreement.
5. ,The terms of thAgreement shall commence on July 1, 1984, and continue.
until the expiration date of June 30', 1985:, and, from year to year
thereafter unless written notice .is given b-y one. party to the other
setting forth a desire ~to negotiate modifications to this. Agreement as set
forth in Paragraph, 2, 9rtcle 31.
6. If such no ice is given. by either party, the party r-eceivng such notice
.may also during, ensuing nego iations present changes n~fhe agreement
desired by said' par-ty.
7. Negoaiatons upon the modifications or amendments shall ~be conducted.
p;romp.tly°at a-tme and place mu wally agreeable to both parties and shall
continue th=rough said period in an effort to reach agreement.
29
AP,E END IX; "A "_
_,
' (Unit 2')
Exhibit 4~1
HOURLY R9TE WAGE SCHEDULE (Effective July 1, 1'984)
The. basic hourly rate wage schedule for the following classification titles,
effective July 1, 1984 sha`Tl ,be as specified below: '
CLASSIFIGATlONS I II III IV
Custodian 6.24 6.56 6.88 7.24
Electrical/Mechanical Ma%ntenance Worker 9.2.6. 9.71• 10.21 10.72
Equipment Mechanic 9.13'. 9.59 10.07 10.57
Equipment Mechanic Helper 7..07 7.42 7.79 8.18
Head Custodian 6.92 7.27 7.62 8.01
Laborer 6'.73 7.07 7.42 7.79
Maintenance Worker 7..07 7.42 7.79 8.18
Park'For.eman~ 8.59 9.02 9.46 9.93
Park Maintenance Leader 7.9:9 8'.39 8.81 9.25
Park Maintenance Worker 7'.07 7.42 7.79 8..,18
Public Works Leader 7.99 8.3:9 8.81 9.25
Senior Maintenance Worker 7.4'0 7.78 8.17 8.57
Sewer Maintenance Leader. 7.99 8.39 8.81 9.25
Street Sweeper,Operator 8'.30 8..72 9.15 9.61
Swimming Pool Maintenance Worker 7,.07 7.42 7.79 8.18
Water :Foreman 8.59 9...02 9.46 9.93
Water Leader- 7.9:9 8.39 8.81 9.2'5
Water Metier Reader-Service Worker 7.24 7.;59 7:98 8.3'8
Water Meter Repairer 7..40 7.78 8'.17 8.57
Water Plant Operator 8.1,0 8.51 8.93 9.38
Water System Service Worker-Plana Ope-rator 7..40 ~7,7~8 8'..17 8.57
30
..y r
APPENDIX "A"_
(Un't 2')
r ~ ~ ,
Exhibit 4~1
HOURLY RATE WAGE' SCHEDULE (.E'f'fective January 1, `1985)
The basic hourly rate wage schedule for the following classification titles,
effectide January 1,. 1985 sha_11 be as specified below:
CLASSIFICATIONS I Ih LII IV
Custodian 6..36 6.69 7.02 7..38
Electr-ical/Mechanical. Maintenance Worker 9.45 9..90 10.41 10.93
Equipmenf.Mechanic ~ 9.31 9.78 10.27 10.78
Equipment Mechanic Helper ~ 7.;21 7.57 7.95 8.34
Head'Custod'ian 7.06 7.42 7.77 8.17
Laborer 6.86• 7.21 7.57 7..95
Maintenance Worker 7.21 7.5'7 7...95 8.34
Park Foreman 8.76 9.20 9.65 10.13
Park-:Maintenance Leader 8.15 8.56 8.99 9.44
Park Maintenance Worker Z. 2.1 7..5T 7.95 8.34
Public Works Leader ~ 8.45 8'.56 8.99 9.44
Senior Maintenance Worker. 7.5"5 7.94 8.33 8.74
Sewer Maintenance Leader 8.15 8.56 8.9.9 9.44
Street Sweeper Operator 8.4.:7 8.89 9.33 9.80
Swimming Pool Maintenance Worker 7.2.1 7.57 7.95 8.34
Water: Foreman 8.76. 9,20 9.65 10.13
Water Leader 8.15 8.56 .8.99 9.44
Water Meter Reader-Service Worker 7.38 7,'74 8.1.4 8.55
Water .Meter Repairer 7..5.5 7.94 8.33 8.74
Water Plant Operatq;r 8.26 8..68 9.11- 9:,57
Water System Service Worker=.Plant Operator 7.55 7.94 8.33 8.74
31