HomeMy WebLinkAboutResolutions 9810 N.C.S. 06/27/1983;_._ _ .~ ;
Re~Oluton NO; g g 10, N. C, S.
of the City of Petaluma, California
RESOLUTION RATIFYI-NG MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES
OF THE. CITY OF- PETALU~MIA AND T:H~E~ .CITY OF
PETALUMA EMPLOYEES' ASSOCIATION FOR. EMPLOYEES
IN UT1IT 2 (MAINTET3ANCE)
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-Milian- 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 (dated .June 27, 1983) pursuant to Section 15, Resolution No.
5512 N . C . S . and recommend its approval by the City .Council; and,
WHEREAS;, ~tle' City Manager, pur..suant 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 1, 1983, through June 3.0, 1984..
Under,the.power and authority conferred upon this Council°.by the Charter of .said City:
I hereby certify the. foregoing Resolution was introduced and adopted by the Approved as to
Council _of'the City of Petaluma at a (Regular) (Adjourned) (~). meeting form
on the .......~.7:~:):1.....: day of ..........s~.U.T1:4 ..................................... .19.._._ g ~y the
following vote:.
City .Attorney
AYES: Balshaw, Bond:, Harberson, Perry, Mayor Mattei
NOES: None
ABSENT: ~ Bath van:agh
~' ~~
P,TTEST: ._...: ...,,_ .. : : .. .... .................. .......y ............. ...
City erk ~ Ma or
. ~ Council File. ... ..... -
Foie GA.2 7/81 ' .` ' . Res. No ~'~ ~ ~ ........ - .:. ~. ,
_. -,
MEMORANDUM Of UNDERSTA'ND~ING
Between
THE CITY OF PETALUMA
And
CITY OF PETALUMA EMPLOYEES ASSOCIATION
This document represent°s th,e final and complete Agreement resulting from the
1983-84 Meet and Confer sessions with the City of Petaluma Employees
Association, Unit 2.
Representatives of the- City and Unit 2 acknowledge that they have fulfilled
their mutual and respective -obligations to Meet and Confer under the. Meyers-
Milias-Brown Act. As a resul'.t,,. the parties; `have come to a mutual understanding
which the rep:resentati~v:esi 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 Pe aluma.
The parties affix their signatures as constituting mutual acceptance anal
recommendation of this Memorandum of Und'erstandang to become effective Jury 1,
1983, upon acceptance and approval of the City Council.
CITY OF PETALUMA EMPLOYEES, ASSOCIATION
CITY OF PETALUMA
~ ~ ~ ~ - ~3
," ~ TABLE OF CONTENTS
ARTICLE PAGE.
PREAMBLE
1 RECOGNITION 4
2 DEF'INLTI~fJS 4
3 ASSOCIATION SECURITY 5
4 DUES CHECK OFF 5
5 ASSOCIATID~! R`IGWTS 7
6 GENERAL PROVISIONS g
7 GRLEVANCE PROGED:URE g
8 DTSCIPLINE 10
9 MEAL. & REST PERIODS 10
10 CLASSIFICAT,ION_S AND WAGES 11
11 OVERTIME 11
12 CALL BACK PAY ~ 12
13 .STAND BY PAY' 12
., 14
~ RATES OF PAY-ON 7RANS.FfR 13
i'
~,,._ 15 SENIORITY 13
1'6 PROBATIONARY EMPLOYEES 14
17 LAYOFF AND RECALL PROCEQURES 15
18 PROMOTIONS' ~ ~ 16
19 SICK LEAVE, lg
20 INDUSTRIAL INJl1RY LEAUf 20
21 HOLIDAYS ~ 21
22 VACATTONS. 22
23 ALLOWABLE COMPENSATION WHILE ON DUTY AS A JUROR. 24
24 ANNUAL MILITARY DUTY 24
25 OTHER LEAVES OF ABSENCI? 25
26 RETLREMENT PLAN.. ~ 26
27 TERMI:NAT:I'ON PAY 27
28 .HEALTH' AND LIFE. INSURANCE 27
2.9 SAFETY 28
30 EMPLOYEE JOB TRAINING 28,.
31
.
SEVERABILITY CLAUSE
29
i
` APPENDIX A: Hourly Rate Wage Schedule 30
2
RREAMBCE
This AGREEC~ENT entered, into by the GLTY'OF'PETALUMA, hereinafter referred to as
the City, and THE, CITY OF P,ET,ALUMA EMPLOYEES ASSO.CdATION, hereinafter referred'
to as the Association.
The parties hereto desire to confi°rm and maintain the spirit of cooperata;on
which has existed be w,een the City and `ts employees: The Association and the
City will strive to promote a harmonious r,eaati~onship between all parties'to
this agreement. that-wi1T res.uTt,in benefits to the City's operations and its
employees, and provide continuous and uninterrupted services;
Both parties agree to the establishment of an equitable and peaceful procedure
for the resolution. of di ferences; and the establ~s'h,ment of rates of pay, hours.
of work and other terms and conditions of empl'oyment:.
The u-se of the mascal i ne or. feminine gender i`n th=i`s Agreement shall be
construed as including both genders and not` as sex 7 i mi.tati ons .
3
A.!?TICLE 1
RECOGNITION
DESCRIPTION OF UNIT
_ 1. For the purpose of meeting and conferr;n.g~with respect to wages, hours,
and cond'iti.ons of employ',ment., the City to the extent permitted by Taw,
recognizes the Association as the repre entative for all employees who are
employed in and assigned to the job cla;ssafications which in the aggregate
constitute the City's work Unit Number Two (2) (Maintenance).
ART.TCLE 2
DEFINITIONS
1. The terms "employ.ee" and "employees". as used in this agreement, (except
. where the agreement clearly indicates otherwise) shall mean only an
employee,or employees within the unit described in DESCRIPTION OF UNIT.
2. The term "temporary" shall mean any in_div'idual or individuals whose
employment.is limi`te~ in duration.
3. The term "full-time .employee"' shall mean an.employee-whose normal schedule
of work is forty~(40)' hours per calendar week,
~-. The term "part-time employee" shall mean an ;employee whose normal schedule
of work is less than twenty (20) hours per calendar week,
5. "Calendar day" means the twehty-four (24) consecutive hour period
begi nni.ng at mi dni~ght, and ending at m dn~ ght. the' following d`ay.
6. "Calendar work we°ek" means any consecutiv,e,~168=hour. period.
7. "Normal work week" means any five (5), consecutive calendar days within a
calendar work week.
8, "Seniority" means uninterrupted employment with the City beg:n,ning with
the last date hired by the City and shall include period of City
_ employment outside the Uhit, but. sha.l er•.clude~ periods of .layoff and
leaves of absence, except medical, in excess~ef 30 eonsecutive~days,
including the fi"rst 30 days of such absence.
9. An employee is a "probationary employee" fnw.his first six .(6) months of
employment. Periods of absence exceeding five (~5)'working days shall not
6e counted towards completion of the probationary per"iod,
t,
4
ARTICLE 3
ASSOCIATION SECURITY
T. It is the _i:ntent of this Article to ~prouide for the regular dues of
Asso,ciati:on members to be deduct'e'd from their warrants insofar as
permitted by law. The City agrees: to deduct and transmit to the
Association,, dues f.,rom all Association members wthi'n.the foregoing unit
who-have signed an authorization card for: such deductions in .a form agreed
upon 6y the Gity and the 'Association. However, the City assumes no
responsibility ei°ther to the. employee o,r.to the Associa'tion`; for any.
failure to make or four any errors made in making such deductions.
2. The written authorization for Assocat°on dues deduction shall remain in
full force and effect, during the life of the :current agreement between
the City and the ~ Associ at on unless cancelled. i~n writing.
3. Upon written reque 't ,of the.. Association; the City shall. change the amount
of dues deducted. from Association members.' warran s.
4. The Association agrees to indemnify, defend and hold the City harmless
against any claims, made of any nature wha:t`soever, and against any suit
instituted against. the City arising from-its checkoff of Association
dues.
ART.I CL E. 4:~~~
DUES- CHfCKO'FF
1. During the life of° this Agreement, and to the. extent the. laws of the. State
of California permit, and as p;r.ovided in this Article, the City wi:'11
deduct one month's current and perodiE Association dues based upon a
uniform dues schedule from the pay of each employee who voluntarily
•executes and delivers to the City the following authorization form:
VOLUNTARY AUTHORIZ•AT`ION FOR DEDUCTION
OF ASSOCIATION DUES' FOR` THE'
CITY OF PETRLUMA EMPLOYEES ASSOCIATION
'Name Social Security No.
type or print
Qvisi:on and Department:
2. I authorize the City- to deduct from wage earned by me month,l,y Association
due as certified to the City by the Secretary-Treasurer of the
Association, and to remit the same. to the Association at such time and in
such manner as may be agreed upon between the City and the. Association.
5
t`- 3. This authorzation~and' direction shall remain in effect from
~. ~ to and sh-all be for that
period of time; provided,. however, that, it shall not extend beyond the
term of this agreement. This authorization and direction shall be auto-
. mati,cally revoked upon my termination of employment with the City.
Signatp~re of Employee"
Address "of Employee
Date of Signing
Date of Delivery to the City
4. The following certi:f`i cation form shad ] ~be used by the A~ssoci ati on when
certifying membe,rshi'p dues:
~,. _.
C-E"~~~~`ICATIQN OF ,SECR'ET,.ARY-TREASURER
OF THE ASSO~GIATION
5. I certify that the-membership dues for employees in the unit is
per
Date
Signature ~~
Secretary-Treasurer of the Association)
Date of Delivery to the
City
6. P~yroTl deductions sh`a'll be made i:n equal amounts from each regular pay
check ,provided, however, the initial deduct"ion for employees shall not
begin unless:
1. A properly executed "Voluntary Authorization for Deduction of
A sociation,Dues" is on file: with the City, and,
2. The amgunt of the monthly membership dues certified 6y the Secretary-
T'rea°surer of the Association has been delivered to 'the City at a
place de ignated by the City a.t least ten (10) calendar days prior to
the. last d'ay of the pay period.
~_
6
;~" 7. Changes in. the amount of the mon hly membership dues must be delivered. to
_ the Cty'at a place de ignated by the City at least thirt~~ (30) calendar
days pri:o;r to the last pay day of the calendar month prior to the change
becoming effective.
8. An employee' may revoke his ''Volunta;ry Authorization for Deduction of
Associ;a.tion Dues",.only as provided by the terms of his Voluntary Authori-
nation:
9. All sums deducted by, the City shall be remitted to the: Secretary-Treasurer
of the Associ,ataon at an address, given to the City 6y the As ociation, by
the tenth .(10th) cal;.endar day follown'g~the pay period when the deductions
were made',.togeth,er with a list of name and 'the amount deducted for each
employee for whom `a deduction was made. The City wi1T also notify the
Association of the name of each employee who. revokes his "Voluntary
Au hori zati orr for D;educti on of Associ'ati on .Dues" .
ARTICLE 5
ASSOCIATION RIGHTS
ASSOCIATLON STEWARDS AND ASSOCIATION REPRESENTATIVES
1. The City recognize and agrees to deal with the accredited Association
-.~ Stewards and Representatives of the Association in all matters 'relating to
t ,, grievances and the i'nterpre.tati'on of this Agreement.
2. A written list of the Officers of 'the: Associ'°ation and the Association
Stewards with the specific areas they represent,. shall be furnished to the
City. Notice of any change of such A-ssociaton Offices or Stewards shall
be promptly forwarded to the City in writing.
3. The number of Associa ion Stewards shall :not exceed three: .Any change in
the number of Stewards shall. be made by writ en consent` of both parties.
4. Upon the request..of the aggrie ed employee, a S eward or Association
Officer may investigate the specified grievance, provided it is in his
assigned work area; and assist in its presentation. Area onable amount.
of paid time shall be afforded the Steward or Association Offi'ce'r while.
',nvesti°gating such grievance. Ln presentng.such grievance to the City
the Steward or Association Officer sh°all be allowed "reasonable time off
during regular working hours without lows of pay, sabje:ct to prior
notification of hies immediate Supervisor and with the concurrence of th'e
City Managers.
5. Upon request to the City Manager, a representative of the Petaluma
Employees Association who will be representing the employee i.n the
grievance procedure, may visit work areas at a time mutually agreeable to
bot{i parties for th.e 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.
' 6. During such visit the representatives may inspect a;ny area relevant to the
grievance with~the Association Steward or his designated representative.
BULLETIN BOARDS
7. The City shall provide the Association with space on bulletin boards in
areas where the Association has employees it represents for the purpose of
posting Association notices. Such notice may be posted by the Steward,
although not limited:. to the following notices, tf~ey may include:
1. Recreational and social event of the Association.
2. Associ.aton~meetin.gs.
3. Assoc>iation elections, appointments.
4. Results of Association elections.
8. Ln the event a.dis~pute arise concerning t,he~appropriateness and/or amount
of material posted,; the Steward of the As'soc.i'a i-o.n will be advised by the
City Manager of~the nature of the dispute. and the disputed material will
be removed from~the bulletin boards until the dispute is resolved..
ARTICLE 6
GENERAL PR011'ISIONS
NON-DLSCRIMINATLON
1. The City will not i"nte:rfere with or discriminate in any way against any
employee by rea-son of his membership i.n,. or activity requi'r.ed by this
Agreement, nor will the City discourage membership in the Association or
encourage membership in any other Association.
2. The Association, in; turn, recogni:z"es its responsibility as employee
representative and agrees to represent all employees without discrimina-
tion, interference,, restraints, or coercion. The terms of this Agreement
shall be applied equally to all. employee without discrimination as to
age, sex., marital statas~; religion, race, color, creed, national origin,
or political a.ffili.ation. The Association shaTT share equally with the
City the responsibility for applying this provision of the Agreement.
NO-INTERFERENCE AND NO-.LOCKOUT GUARANTEE
3. The Association and its officials will no direct y or indirectly, take
part in any action again t or any interference with the operations of the
City during' the team of this Agreement.
4. The City shall not conduct a lockout of its employees during the term of
this Agreement.
SPECIAL CONFERENCES
5." At the request, of either the Association or the City, conferences shall be
'~,:..~ held for°the purpose of considering matters of mutual interest, other than
grievances under consideration in the grievance procedure, provided that
8
~ mutually accep-table arrangements as to time and place can be made. All
~~ such. conferences shall be arranged through the Steward of the. Association,
or his designated representative, and a designated representative of the
City Manager. Representatives of the Association, not to exceed two (2),
shal`1 not suffer lass of time or pay when absent from their normal
schedule of work for'the .purpose of attending a conference. Conferences
may be attended by representatives of Petaluma Employees Association.
Benefi plan review and proper classification assignment will be
appropriate sabjects for conferences.
It is understood t-hat any matters discussed~,.or any action taken pursuant
to such conferences, shall in no way change or alter any of the provisions
of the Agreement, or the rights of either the City or the Association
under the terms of the Agreement.
ARTICLE 7
GRIEVANCE PROCEDURE
PURPOSE
1. The grievance procedure shall' be used to process and resolve grievances
arising out of the in erpretation, application or enforcement of the
express terms of this agreement. It is the pu':rpose of this Procedure to
resolve grievances-at: the lowest possible `level"and to provide for an
orderly procedure for reviewing and resolving grievances promptly.
2. An attempt shal`1 be made to ascertain all facts and, adjust all grievances
on an informal basis between the employee and, if he desires, his
designated representative and a supervisor in 'the employee's chain of
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 to the satisfaction of the employee
involved within five (5) working days aftew the presentation of the
grievance, the grievance shall be submitted in writing by the employee
and/or his designated representative to the Department Head with a.copy
thereof to the Personnel Officer within the next ten {10) working day-s.
In every case the grievance must be signed by the employee. The
Depa~rtmen't Head hall meet with the employee and/or his designated
representative within five (5) working days of the receipt of the written
grievance and. shall deliver his answer to the employee within five (5)
working days after the meeting in writing.
4. Lf the ,grievance is not adjusted then, the Personnel Officer s'haTl meet.
with the employee and/or his designated representative within five (5)
working days of the receipt of the written grievance and shall deliver his
answer to the employee within five (5) working days after the meeting in
writing.
5. If the grievance is still not adjusted, or if the parties fail to agree on
~-- the adjustment of the grievance, a request. may be made in writing by
either party to the Personnel Board to settle the grievance,. Such request
9
mu t be made five (5) working days after the..De;partment Head's or the
Personnel Officer's response is given to the grievance.
6. The Personnel Boa,r.d's decision shall be submitted to the. City Manager for
determination. The Board shall not Piave,the power to add to, delete,: or
alter any provision of this agreement, but shall limit its decision to the
scope, application and interpretation of this agreement.
7.. At any step i,n the grievance p~ro.cedure, the employee may a.t his election
be permitted to have=a Sfi op Steward or other Association representative
present to assist h''m in fhe presentation of h`is grievance. The Associa-
tion may designate the Shop Steward and shall notify the Department Head.
and the City Manager of the appointment. Should an employee elect to pre-
sent a grievance in person and without participation of any Association
Officer or Shop Steward';, this is expressly allowed. No grievance appeal
shall be considered at any level unless filed in the appeal periods
provided in this article:
ARTICLE 8
DISCIPLINE
1. The City should not discharge or take other disciplinary action without
.just cause. If the City ha-s reason to reprimand an employee, it should be
done in a man`n'er that will not embarrass the employee.
REIMBURSEMENT FOR LOSS .OF BENEFITS
2. In the event an employee is disciplined or discharged and an appeal is
made as provided in th;e,grievance procedures, 'and such appeal results in a
decision favorable to. the employee, he~ shall be reimbursed for loss of pay
or fringe benefits, as recommended by the` Pe:rsonne Board.
ARTICLE 9
MEAL AND REST PERI',Ob~S
All employees shall b.e ;granted a meal period of,-thirty (30) minutes during
each..scheduled work. shift.; except for employees who work other than the
re.gula'r day shift. The designated thirty (30) minute: meal period shall be
wrthaut pay. However, if an employee is 'required to work more than five
(5) cgnsecu:tive hours w ithout a meal period during'a regular work shift,
the employee. shall b'e paid at the rate of time and ogre-half (1-1/2) for
all time worked in excess of five (5) hours until such time as the
employee rece;,ives a meal period.
2. The City shall pay $S,.OQ to an employee who is requested and who does work
two (2) hours beyond the employee's normal quitting time and has been
p:reven`ted from eating a meal after such ,quitting time.
3. There shall be granted a rest period at a time, place and manner that does
not i°nterfere with the efficient operation of the Department. Such rest
period shall be with pay and shall not exceed fifteen (15) minutes for
each four (4.) hours 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_used to cover an employee'a late arrival to work o.,r early
departure>, to ex.te'nd the meal period, nor may it 6e rega;r.ded as cumulative
i f not token,.
ARTICLE. 10
CLASSIFICATION AND WAGES
WAGE SCHEDULE
1. Wages shall be paid in accordance with the wage schedule set forth in this
agreement in Appendix A.
2. The pay grade assigned o each existing classification and'the pay grade
assigned to each new or changed classification shall remain~in effect
' during the term. of this agreement unless the job content of a clas'sifi-
cation is substantially changed.
NEW OR CHANGED CLASSI'FICAT;LONS .
3. In the event a new c;l:.assfication is established, the City shall ass:.gn it
to an existing spay ,grade 'based upon the work to be performed and after
.comparison with other classifications.
4. The City shall provide .th"e Association with a written classification
~" description of the new or changed cl:assi f~i cat on, which shall des'cri;be the
.-
content suffic.ientl;y to identify the.: classi~fi'cation.
5. Upon receipt of the; City's description, the_ Ghief Steward of the Associa- ..
tion, or his designafed representative,.shall. be> afforded an opportuniety
to discu s the.new :or changed c]assificaton and assignment `to the pay
. ~ grade with the City Manager or his representative. If the Association
_ does not request: a meeting within five :(5;) calendar days of the receipt of
t'he City's recommendation, it shall be deemed to.be approved 6y the
:.. Association.
_ ARTICLE 11
OVERTIME
OVERTIME PREMIUM
1. .~A1T hours worked in excess of eight ($:) in any one day or in excess of
forty_(40)~in any work week shall be paid for-at the overtime rate which
shall be one and one-half (1-1/2) Times the basic straight time hourly
rate of pay, Overtime shall not be pyramided or compounded.
2. An employee may rec;ei,ve overtime in the form of compensable time off at a
_mu.tual?l.y agreeable time between the City and the employee at a rate of one
:and one-ha'lf (1-l:/2.) hours of compensable time for each hour of time
vaork'ed.
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3. During the Fiscal Year 1983-84 an employee may accumulate unlimited
compensation time off. The Association agrees that all accumulated
compensation time as of June 30, 19.84, 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 empl~~oyee, subject to the operational requirements of the
City and with approval determined by the City.
REST PERIODS DURING OVERTIME WORK
4. Whenever practical.,. employees who
quitting time into the next shift
rest period before starting work
shall be granted the regular rest
occurs or exists.
for any reason work beyond their regular
will be afforded a f fifteen (15) minute
on the next shift. In addition, they
period'unless~an emergency situation
SCHEDULING OVERTIME
5. Ln general, overtime work shall be voluntary, provided, however, when at
least twenty-four (24) hours advance. notice of 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. b.e d'istributed as equitably as possible, without
favoritism, and in the best interests of the City, among the members of
the department who, are qualified to perform and who have demonstrated the
ability to perform overtime serv ices eff.c:ently.
ARTICLE 12
CALL BACK PAY
1. An employee who is calked back to work after having completed his regular
shift and left the City premises shall recei°ve a minimum of two (2) hours
work or two (2) hours pay, at the overtime rate. To the extent an
employee. is paid overtime premium pursuant to the overtime schedule listed'
above,. he. shall .not be paid overtime premium under the cal lback section
for -the same time worked. This paragraph shall not apply to employees who
are called in early fora shift, i.e., when they work Cont.nously from the
time they are called in until their regular shift begins.
ARTICLE 13
STAND-BY PAY
WEEKEND STAND-6Y
1. Weekend stand-by, for the purposes of this Agreement, shall mean time
which. an employee must be available on a call basis outside the employee's
normal 'work week in order to be available to respond to emergency calls.
2. A minimum compensation of $30.00 pay 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 for actual hours spent on a call out while on stand-by at the overtime
~- rate of time and one-half shall be paid by the City. A,minimum of one
hour at that rate for every call or assignment shall be paid by the City.
HOLIDAY STAND-BY
3: Fora City designated., fixed-date, holiday that falls in the five (5) day
work week, a minimum of $30.00. pay will be paid by the City to an employee
on such holiday stand-by.
ARTICLE 14
RATES OF PAY ON TRANSFER
1. When an employee; i.s promoted, he shall be paid the hourly rate next higher
to his own within the,.pay grade for the classification to which he was
promoted.
2. When an employee is transferred from one classification to another
classification in the same pay grade, his hourly rate shall rema in 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 transfer. Such 'salary shall not be increased
~ - until the time that a higher salary of the class to which he was
transferred equals or exceeds his salary. Such transfer may be
departmental or in~te'r.-departmental, and may 'be made by appointment from an
employment list, temporary appointment, reclassification of position, or
reorganization of department, and shall be in accord with the personnel
rules and regulations. The provision of this rule does not apply in cases
of disciplinary demotion, demotion in lieu of layoff, or voluntary
` `- demotion.
ARTICLE 15
~~ SENIORITY
STATEMENT OF PRINCIPLES OF SENLORITY
1. In the event of any reduction in the work force, the City will apply the
principle of seniority, merit and ability being equal, and the last
employee hired shah be the first laid off. Ln rehiring, the last person
laid off shall be the first rehired. A complaint regarding compliance
with this sect°on shall be a subject for grievance. In rehiring °former
employees laid off under this Article, the City shall offer reemployment
in the order of seniority to such former employees who at the time of lay
off were performing'services essentially the same as required for the
vacancy, provided that the period of lay off has not exceeded one (1)
year.
2. In shift assignments, the City will give consideration to the preference
l~. of employees and to seniority; provided, however, that final
responsibility and authority in job assignments, the determination of
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--
qualifications, and the method of determining tfie gual i-f' cati ons fo,r any
job, shall remain vested in the City.
. LOSS OF SENIORITY
- 3. :~eniori'ty shall be ~ermina ed by:
a. Resignation
b. Discharge for cause
c. R'eti rement
d. Failure to return. to work from layoff ,within seven (7) calendar days
after notice to return by certified o`r registered mail or by telegram
addressed to the employee at his last known address on file with the
City Personnel Office
e. Absence from work for three (3) consecutive working days without
notifying the City, except when the failure to notify and work is due
to circumstances beyond control of employee. After such unexcused
absence, the City shall send .written notice to the employee a his
last known address that he has lost his seniority, and his employment
has been terminated.
SE~ILORITY LIST
4.. The City shall_prepa,re and maintain a seniority list which' shall show the
names, .cla ~sifcation i:it;le, department, and semionty date of a l
employees.. The 'Asso:ciat;on (`Petaluma Emp1ogees Association) shall be
given two co"pies of "the 1`ist wi hin~thirty- (30) calendar days after, the
date of this Agreement, and thereafter a current list every six months.
5. A seniority 1 i-st:, . i nc'1 ud'i ng
each department. This list
employee or his steward.
6. These lists a;hall be deemed
unless the. employee., or the
the contrary in writing witl
Association.
the-.same information, shall be maintained for
shall be available for inspection by the
correct as to an employee's seniority date
steward for the employee, noti'fi`es the City to
yin five (5) days after a list is given to the
ARTICLE 16
PROBATLONARY EMPLOYEES
1. An employee. is a probationary employee for his first s'i'x months of employ-
ment i;n any classification. In the event of a promotion of a permanent
emp1oy,ee to a higher classification, the six month probationary period in
the higher classification will be reduced by one day`fo'r each two .days the
employee ha.d worked in temporary assignments in that- higher classifica-
tion. Periods of absence exceeding five (5) working days sha1T not be
counted toward completion of the probationary period.
- 2. No matter con,cerning the discipline, lay off or termination of a
probationary employee shall be subject to the grievance procedure.
E~
14
TEMPORARY APPOINTMENTS
3. It shall be the policy of the employer to avoid temporary appointments
vrhenever possible, unless failure to do so will seriously hamper the
success of City program. Under such circumstances and when sufficient
time may not be taken to fill a permanent position through the normal
procedure, a temporary appointment may be made. Employees receiving
temporary appointments shall b`e required to qualify by the normal
selection procedures to become a probationary employee in that class
within sixty (b0) days.
ARTICLE 17
LAYOFF AND RECALL PROCEDURES
LAYOFF PROCEDURE
1. When employees are to be laid off, the following shall be the order of
layoff:
a. Temporary employees 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'th°at the City Manager may do
otherwise in order to .maintain a balanced department or work snit and
to maintain employees in the. classification or department who have
the ability to perform. the work available.
RECALL PROCEDURE
2. An employee who has been laid off or transferred as a result of a
reduction on the work force shall be recalled to work. in reverse order in
which the employee was laid off or transferred, conditioned upon the
employee's ability to perform the work available and that the priod of
such layoff or transfer has not exceeded one (1) year.
3. When employees are returned to work after layoff., employees shall be
recal`l'ed in reverse order in which the employees were laid off. The
employer shall send by registered mail to the employee's last known
address notification that the employee is being recalled. The employee
shall return to work within seven (7) days of the date of mailing.
Failure to return after notice shall be grounds for discharge and total
loess of seniority.
15
ARTICLE 18.
PROMOTIONS
SHIFT CHANGES WITHIN A WORK SECTION
1. The City Manager may authorize a change for an employee from one position
to another in the same or comparable class of work where the same general
type of qualifica :ions are required for entrance to such a position.
TRANSFERS
2. 4+Ihen an employee within h-is own classification. and work section wishes to
change from one shift to another shift, he shall file a request for
transfer i`dent°i'fying the shift he is in an'd the .one he chooses to transfer
to and file it with the Personnel Officer.
3. Request for transfer from o,ne.department or work: section to another
department or work section having a different jurisdiction or different
function shall be fired with the, Personnel. Officer and shall be done only
with the consent of both departmen heads involved, unless such a transfer
is ordered by the. City Manager for purposes of economy or efficiency.
4. .Any person transferred to a different position shall posse s the minimum
qualifications for that position...
PROMOTIONS.
5. Except for those positions not requiring written examinations, promotions
in the City se'rv-ice shall' be ba ed on a competitive examination and
record's of efficiency, character, conduct or other .generally accepted
qualifications deemed necessary or reliable in obtaining a passing grade.
The City will give significant consider"anon to the performance of the
employees, seniori y, physical fitness, and ability to perform the work..
Lists shall be cr..eate,d and promotion made therefrom in the same manner as
prescribed for original appointments.
6. Whenever practical, vacancies shall be filled by promotion. .The.. rules
covering promotional examination shall be the same a's those governing
original entrance examinations.
NOTICE OF EXAMINRTIONS
7. Notice of exami°nations shall~be printed. and shall ,be posted on the
official bull~e:tin boards of the Gity anal may be advertised by any other
means chosen by the Personnel Officer. Pablic notice shall b.e posted at
least five (5,) day-s 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;
16
d. The method of securing application forms and the final filing date on
which applications will be accepted;
e. The relative weights assigned to the various parts of the
examination;
f. The minimum passing score.
8. In addition to the posting and any
position as outlined in the above
sent to the Association for those.
represent.
AVOIDANCE Of TEP~PORARY HI'RTNG
other advertising that takes place for
paragraph, a copy of the notice will be
positions in the work unit which they
9. During any period in which employees are being considered for promotion
and during any posting period, it shall be the policy of the employer to
avoid temporary employment to such~positi'ons, unless the failure to make
appointments to such positions wou d seriously hamper the success of -the
.City program.. Under such circumstances and when sufficient time may not
be taken to fill' a permanent position through the normal procedure, a
temporary appointment may be made.
10. An employee holding a classified position may temporarily be assigned the.
duties of another position for a period not to eXCeed ninety (90) calendar
days during any fiscal year. The employee shall receive either his per-
manent salary or a 5% increase, whichew:er is greater whenever the
assignment exceeds 'ten (10) consecutive workdays. The City Manager may
approve extension of the temporary assignment for an additional ninety
(90) days. In no event shall the assignment of temporary duties exceed a
period of six (6) months in any given fiscal, year. These temporary
assignments used in leave of absence. situations shall not be used to avoid
promotions. Employees receiving temporary appointments will be required
to meet the minimum qualifications for the position in which they were
appointed on a temporary basis.
11. An employee who has been promoted but does not successfully pass his p;ro-
motional probationary period of six (6) months, shall be reinstated to the
position which he held prior to the promotion.
12. Upon an employee request within a one (1) month Period following a
promotion, he shall be returned to a.:regular job opening in the
classification from which he was promoted, at the pay rate from which he
was promoted from, but in no event shall he be held in the promotional
position over one (1') month following his request for reinstatement in. the
lower position. Upon reinstatement to the former position, the employee's
name: wil`1 be removed from the promotional eligibility list.
13. An employee who has .been transferred pursuant to his request or who has
been promoted and not returned to his former classification, need not be
considered by the City fora subsequent transfer or promotion during the
six month period following his transfer or promotion.
17
~"` 14. If the employee has filed more than .o,ne reque t fo,r transfer, only fhe.
most recent of his requests will be considered by the Gity for making a
transfer, Such transfers will be consid'e,red` only if the employee
possesses the minimum qualifications for the po`si'tion,
15. Employees who have successfully passed an examination for a higher
position, and, have ;been certified for the higher position, will be deemed
to qualify for: posit°i ons with le-sser qualifications and may be certified
to the lesser positions, provided no lists exist for the lesser posi ions.
16. Ln the event that an applicant accepts a lower classified position, he
will be 'allowed to remain on the eligibility list for higher
classification un:ti'l the list fis aboli hed.
ARThGLE 19
SICK LEAVE
ELIGIBILITY
1 . An employee shall be el g`i:bl e to receive s c:k 1 eave i n accordance wi'tfi the
provisions of this Article when he is uhable to work because of a
disability resulting.from.personaT sickness or injury, except no sick
leave shall be•Payable.for any injury or absence which results or occurs
as follows:
1. Lntentionally`self=inflicted;
2. Participating in'~any criminal act; •
3. Participating i.n a~ riot;
4. Worki n,g for an employer' other than, the Gi ty.
2. Neither shall any sick leave be payable~(1) during a.vacation except when
hospitalized or equivalent confinement, o:r (2) during a layoff, leave of
absence, or di sci'pl i nary layoff .
3. All hours of sick leave accrued and Nall hours of absence; whether or not
paid, shall be recorde;d., To• the extent neces°°sary~to.mplement this
Article, such records may,~be inspected by an individual employee and/.or
authorized Association representative.
ACCRUAL
4. Sick leave shall accrue to all full-time employees as the rate of one-day
for each.month. of confi,nuous service. No employee shall accumulate more
s'i:ck leave in any year than provided. .
5. Sick leave shall continue to accrue while an employee is~on vacation, on
sick leave, or on job-connected injury leave.
6. No employee'shaTT be eligible for sick leave before: it acc,r.aes.
7. Employees serving their probationary period,. with the approval•of the City
Manager, may take up to one day sick leave with pay for each month worked.
18
Employees hired on or before the 14th of a calendar month shall be
credited with .one d
ay of sick leave at the end of that month.. Empaoyees
hired on or after the 15th of the calendar month sha1T not be credited
with any sick Teave for that calendar-month.
MINIMIJC~ SICK LEAVE CHA'RGEAB'LE
r
8. For the purpose of c:hargng, sick leave, the minimum sick leave chargeable
will be one working hour.
BEREAVEMENT LEAVE
9. In the event of the death of a'n employee's spou e, mother, step:-mother,
mother-in-law, father„ s ep-father.,, father=in-law,, brother, sister, or
child, including an adopted child, an employee who attends the funeral
shall
be; :granted time, off work, with pay'. The amount of time off work with
pay shall be only that which is required .to attend the funeral and make
necessary funeral ar,rangements,. but~in no event shall it exceed three (3)
working days. These t~lree (3) days sha1T not be chargeable to sick leave.
An additional two, (2;`) days required for nece nary funeral. arr-angements may
be charged to the employ.ee`s sick leave, any additional time beyond these
two days may be charged to~accumulated vacation, accumulated compensatory
time or lea-ve without pay.
SICK LEAVE, GENERAL
12. When an employee is absent for more than three ('3) consecutive days., the
City Manager or Personnel Officer may require a doc:tor's certificate for
such sick leave.. absence. When an employee: is absent for six (6) days or
more, in a~~calendar quarter or 'eight (.8) days or more in any two
consecutive calend'a.r quarters, th'e City Manager~or Personnel Officer may
requ'.ir.e a doctor's certificate, prior to paying sick leave for the days
absent, provided however; that absences fo.r whi'ch.a doctor's certificate
has been provided shall not count toward the aforesaid si`x d'ay and'. eight
day periods. ,
10. On taking sick leave time, the employee mus notify hia.department.head
either prior to, or within thirty minutes after the time set for beginning
his daily duties. If an employee's dut°es b.egin before the' switchboard is
in operation, he must notify the department not later than 8:30 a.m.
11. Sick leave shaJl~not 6e considere'd as a :ri;ght'which an employee may use at
his discretion, byt a p:ri`vilege which shall be al~.lowed only in case of
necessity and actual sickness or disability.
13. I:f an employee :has~not recovered by the time he has. exhausted his
accumulated sick leave, the City Manager, upon receipt of such request in
writi'.ng; may grant him leave of absence not to exceed the time limitations
of A~rti~cl e 25 ,
14. Upon. the, expiration of a leave of absence quoted under Paragraph 13., the
employee shall be returned to the same class or position or to any
position to which he had been eligible to ransfer at the time his leave
19
~'~ of absence was granted, provided he furnishes medical certification of
- ability to: perform the position for which he is e`lig.ble.
-,
15. The City Manager may' revoke pay and sick leave time if the employee. is not
in fact- sick., or°i.f he has engaged in private or other:publi.e work while
on such leave. Abuse of sick leave as stated above is sufficient grounds
for d.i smissal .
16. No penalties shall. beimposed on employees for taking justifiable sick
leave- to which .the employee is eligible.
17. Up to two. days per, year of an employee's accrued sick leave may be used in
the event. of immediate family illness: The immediate family shall consist
of the-spouse, children, parents, b:rothe:rs, sisters, or other individuals
whose relationship to the employee is that of a legal dependent.
ARTICLE 20
INDUSTRIAL INJURY LEAVE
4JORKERS' COMPENSATION
1. -Benefits sfiall be p'ayab e in situa;tions'where employee absence is due to
industrial injury as provided in California State Workers' Compensation
Law. The amount of disability payments paid~fo the injured employee shall
be: deducted from'sa ary payable to 'the emplogee while on sick leave.
Du,ri ng the fi rst ten' (1~0) calendar days of absence for industrial
disability, the City wi~l.l pay employees:a'n amount which when added to
their Workers' Compeinsaton benefit will equal their regular salary rate.
This supplemental amount shall not be deducted from the employees sick
leave benefit. In;.the, case of absences beyond' ten (10) working ,days, the
employee hall be entitled to use two hours of sick leave per day to
supplement workers compensation benefits. The: injured employee may choose
- to receive workers' compensation payments only, without City payment for
salary at. no loses of sick leave. Sick 'leave for industrial injury shall
not be allowed for a disability resulting from sickness, self-inflicted
injury or willful misconduct.
DETERMLNATI.ON OF TNDUSTRIAL DISAB'LLITY LEAVE
2. Excep as otherwise 1'i:mited by this Article, the amount' of industrial
disability income, available to an el i~gi bl e empl oy.ee~ shall be determined by
multiplying the number of hours, not to exceed eight in a calendar day nor
forty in a calendar week, of time lost from work because o:f the
disabi"lity, times the employee's hourly rate at the time th'e injury
occurs:
NOTICE AND` PROOF OF INDUSTRIAL DISABILITY
3. No industrial disab"1ity leave shall be permitted unless the employee's
superintendent i,s notified of the nature of the. dsabiTityy and the
probable duration thereof as soon as possible, but in no event later than
`-- the conclusion of th'e current work day, except when the failure to no ify
i`s due to circumstances .beyond the control of the employee.. The inj°ured
20
employee must complete a notice of injury form within the time limits
stated.
4. In all cases on returning to work an employee claiming, or having
received, industrial disability leave must certify on a form provided by
the City as follows:
1. The nature of the industrial disability which prevented him from
working, including time, dates, and circumstances, and whether or not
under the care of the City's physician.
2. The amount of time lost from work in hours because of t he disability.
3. The name of the individual to whom notification of the accident was
given or the reason notice was not given.
4. A release from an approved State Comp physician stating that the
employee has recovered and is capable. of returning to w ork.
5. In the event that facts and circumstances indicate that the employee
may not be eligible for industrial disability leave as claimed,
evidence of industrial disability may be requested such as a
physici°an's statement of the industrial disability.
6. Arbitrary failure or refusal to .follow accepted medical practice in
treating a disability shall be reason for discontinuing or
withholding industrial disability income.
ARTICLE 21
HOLIDAYS
1. Authorized, City observed, paid holidays:
A. The City will designate ten (10) paid, fixed-da.te :holidays for
employees in this unit. Such holidays shall. be established for the
City's fiscal year as determined by the City Council Resolution.
B. During the fiscal year 1983-84,, for those employees hired on or
after July 1, 1983, the City will authorize one (1) "Floati'ng
Holiday" per employee, which may be taken by the emplby,ee during
Fiscal Year 198`4-85 at a time selected by the employee, subject to
operational requirements and approval as determined by the City.
2. The holiday shal.] be consecutive twenty-four (24) hour period starting
with the employee's starting time on the calendar day~on which the holiday
is observed..
3. Each full-time employee, other than arr employee on layoff or on any leave
of absence., shall receive eight (8) hours pay at hi`s hourly rate for the
holiday, `provided tfi e employee meets the following eligibility
requirements:
21
4. He works his last scheduled work day prior to and his first scheduled work
day fold-owing the holiday, unless failure to•work on either or both such
days is excused because of (1) personal sickness or injury, or (2) other
extraordinary circumstances beyond the control of 'the employee proven to
the atisfaction of the City Manager which cannot be corrected i.n 'time for
him to meet h'is employment obligation.
5. An employee required to work a paid holiday shall receive, in addition to
the ei°ght 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 employee of a designated religious event may be granted,
if practical, with at least seven (7) days prior approval required for
such leave,, under the following methods:
7. Time :charged to accrued vacation allowance; or
2. Time off without pay.
ARTICLE 22
VACATIONS
1. The purpose; of annual vacation leave is to enable each eligible full-time
employee annually to.retu;rn to his work,mental'ly refreshed. A11 emp ogees
in th Unit shall be entitled to annual va'ca'tion with pay except the
following:
a. Full-time employees who have served leas than 12 months in the
service of the City; however, vacation credits for the time shall be
granted to each such employee who later receives permanent
employment.
b, Employees who. work on a temporary basis and all part-time employees
who work less than 1,04:0 hours pew year.
2. All permanent employees of this unit after serving at least one full, year
are entitled to the equivalent of ten (`10) working days of vacation with
pay in~the next succeeding anniversary year of employment. All permanent
employees of the: un after five (5) years of continuous service witVi the
City and commencing with the sixth year, shall be entitled to fifteen (15)
working days of vacation with pay per year. After 10 years of service,
one additional day of vacation shall be added for each additional year of
continuous service-to a maximum of 20 days vacation. I"f an employee;
wishes to, take more than twenty (20) consecutive working days of vacation,
he shall have the 'prior approva of his department head and the City
Manager.
3. The time during the calendar year which an employee may take hies vacation
shall be determined by the department head with due respect for the wishes
of the. employee anal particular regard for the needs of the service. If
the requirements_of the service are such that an employee cannot take part
or a1'1 of his annual vacation in a particular calendar year, such vacation
shall be taken during the following calendar year.
22
VACATIONS - GENERAL PROVISIONS
4.. Except as provided above, an employee shall not accrue any paid vacation
time during any leave of absence without pay or during any calendar month
in which 'he is absent without pay for fifteen (l5) 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 i"n excess of tv~o (2) years
vacation leave.
HOLIDAYS WITHIN VACATIONS
7. In the. event that. one or more of the mu,nici°pal holidays observed on the
specific day falls within an annual vacation leave, such holiday shall not
be charged as vaca~ti:on leave., and the vacation leave shawl be extended
accordingly.
ELIGIBILITY
8. PJo employee.-shall b'e el'igible for paid vacation time or receive- pay in
lieu of vacation t.i'me before it accrues.
PAY LN LIEU OF VACATION TIME
9. An employee.wi'11 receive pay in lieu of :paid. vacafion time (i.e., without
taking actual time off from work) only under the following circumstances:
a. Reti-rement; o,r
b. Start of a leave of abence without pay for more than 90 days; or
c. Resignation requested by the City; or
d. Resignation, the Union shall advise ;ts members that two (2) calendar
weeks advance written notce's'hou d be given to the City.
e: Death, in which case an heir or heirs will be paid.
`10. Pay in lieu of vacation shall be at the employee's hourly rate times the
number of hours of accrued vacation time.
SCHEDULING OF PAID VACATION TIME
11. Paid vacation time shall be requested in advance by employees in
accordance with procedures established by the City, except that when
extraordinary circumstances occur beyond the control of the employee, the
employee .may 'be permitted to reschedule 'his vacation at a time mutually
agreed upon.
23
°~ SHI`FT EMPLOYEES
12. The first day off shall be considered as a Saturday for irregular shift
emp ogees for the purpose of computing vacations anal compensation for such
employees,,. Any questions relative to interpretation of this section shall
be resolved by the City Manager whose determination,shall be final.
ARTICLE 23
ALLOWABLE COMPENSATION`WHILE ON DUTY AS JUROR
1. Every classified ,employee w:ho serves a<s 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 duties. with the City during the period of
such service or while necessarily being pre ent in court as a result of
such call. The emp°l~oyee shall be paid the difference between the
employee's full sal:;ary and any payment received by the employee, excepting
travel pay ,.fow such duty. However, such time shall not be considered as
time worked for purpose of Article 11, Paragraph 1.
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 6e paid time not to exceed the number of hours the
employee would have worked on such day.. However, such time shall not be
considered as time. worked f,qr purp,os'es of~ Article 11 , Paragraph 1. It i s
the intent of this Paragraph to allow ,an..employee compelled by law t.o
appear as a jaror o:r witness to compute Ghat time as a .portion of the
employee's work day so that the employee will not be required to appear in
court under service of process and also work a shift for the City during
one twenty-four {2'4) hour period.
ARTICLE 24
ANNUAL M`IL`LTARY DUTY
1. An employee may be absent on military leave as authorized, in Section 3.95
through 395.8 of the Military and Veterans Code of California. The
employee shall furnish to the City Manager satisfactory ,proof of his
orders to report for duty and of his actaal service pursua,nit to such
orders. Employees' with hers than one (1) .year City sere-i.ce shall take
such leave without compe,nsa ion from. the City or as provided in the
Military and Veterans Code. Armed Forces reserve or national guard base
pay shall be offset against such pay.
If an employee receives .vacation ,pay during a period of training or
service, he shall not be eligible for the military, 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 una'bl.e to work because of non-industrial personal
sickness. or injury, or (2) has exhausted sick leave and vacation payments,
may be granteG+ a leave of absence without pay ap:cn requ°est it writing and
the: furn~i :hi.ng of saai°sfactory evi'°dence.:of sickness or di~sabi 1 ity. The
evidence of disability may. be furnished by any person having direct
know edge of the~sckness 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 of absence without pay may :be
granted for a period up to six (6) months unless further extended by the
City. In no event will an extended leav'e` of absence without pay exceed
one (l) year. The amount of extended leave o.f absence granted pursuant to
this paragraph shall be dependept upon th'e employ.ee~'s furnishing
satisfactory proof of dsabil"ity, a showing of receiving continuing and
appropriate medical treatment, and the fu;rni~shing of a physician's opinion
that leave of~ absen_ce i:s warranted -for medical reason and that his
prognosis is fha~t the employee will be physically fit to perform hi.s
duties at tfi'e end df~ the requested 1»e'ave of ab ence e In the event the
employee's phys•,i ci~an^'-s pr.ognosi s and report i s equivocal , the City may
reques-t its physician to submit his independent report.
PERSONAL
3. An employee fow'personal reasons may be granted a leave of absence- without
.pay by the City-for a perod.not to exceed three (3) months. The leave
may be extended for additional periods, but in no case shall a leave and
extens'ion's exceed six ('6") months. A leave for personal reasons as herein
provided may not be used to extend or compound a leave of absence .granted
under any other provision of this agreement.
ASSOC;I:ATI ON
4.. An employee who is, elected o.r.appoi'nted to office. or who. is selected for
' regular employment with the Associa>ton,(City of Petaluma Employees
Assgcia~tipn), .upon.written~request of the Secretary-Treasurer of the
Ass:ociati;on;,, may.. be granted a 1`eave of absence wi,thout~ pray for not more
than three (3) months. Upon written request of the~Sec~reta'ry=Treasurer of
the Associ'a:tio'n, th'e leave may be extended for additional periods, but in
no case shall a leave and extension. exceed six {6) months.
ASSOCIATION -~ EXCUSED A'B'SENCE
5. An employee who.i:s elected or selected by the Associaation, upon the
• written request of the Secretary-Treasurer of the Association, may be
granted an excused absence without pay for a period not to exceed five (5)
days-per year~to attend conferences or conventions. Not'.more than one
•`~ employee ,wall 6e granted an excused absence at any one time..
25.
r
METHOD OF REQUESTING LEAVES OF ABSENCE
6, An employee who desires a leave of absence from work without pay shall
file a written request with the Department Head on forms: provided by the.
Personnel' Department., stating the title. of his position,,. the beginning. and
ending. dates of the requested leave and a furl statement of the reasons
for such reque t. The Department Head may grant or deny such>leave for a
period not to exceed three work days.., Request for additional .leave must
be submitted in th,e same manner to th'e City Manager.
RETURN TO ACTIVE EMPLOYMENT
7. In order to be eligible to return to active employmen ,the. employee
returning from a medica} leave of absence must provide, at least fourteen
(14) calenda.r~days prior to the end of leave, a s atement from the
can~ releasing the employee: to return to work. If the
P y p Y
l
employee
cannot
.return to his former position, he will be placed in an
eligible category fo"r a classification for which he has the ability to
. perform the work.
8:. The City, at. its option, a'nd without co t to the employee, may require that
a physician or physicians of its choosing examine the employee before
returning him to active employment.
GENERAL CONDITIONS.
r"
~_ 9.
During a lea a Hof absence, an employeewill not accrue vacation nor be
eligible for any payments for time. off wo;rk.as provided by this agreement..
10. t~
Subject to and consistent with the. Group Health and Life Lnsurance Plan,
coverage may be conf~:nued during a, leave of absence without pay provided
direct:paymen:t pf the total premium is made by the employee in a manner
prescribed ey the City.
11. During a leave: of ~abs,ence; both. tfie City's; and the emp ogee's
'
contri:but,ions to
the Employees' Retirement P1 an are discontinued and
benefits do no"t accrue, nor can they be withdrawn, nor are they forfeited.
ARTICLE 26
.~ RETIREMENT PLAN
1. During.the ~term.of this agreement, the City shall continue membership as
.an:agency under contract with the State of California Public Retirement
<Sys'tem,in'accordance wia h and subject to the provisions of the State
'Employee>.Retirement ,Law.
2. Each a. ~ ~ ~ ~~
p y period all permanent and. probationary employee's shall have
deducted from his ea.rn'ings a retirement contribution a-t a percentage rate
e tablishe:d,by 'the Retirement Law.
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3. In the. event of death or retirement, an employee who has completed ten
(10) years or more with the City shall receive fifty Percent (50%) of his
accumulated but unused sick leave, not to exceed sixty (60) days,.
4. The City will modify its' contract with PERS to implement the following
option
a. Sick leave credit.
b. Last year compensation.
ARTLCL'E 27
TERMLNATION PAY
VACATION PAYMENT UPON TERMINATION
T. Upon termination, voluntary resignation, or retirement after one full year
of continuous service with the City or more, the employee shall. receive a
lump sum payment for all accumulated but unused vacation time. Two weeks
advance notice in writing should be given to the City of the termination
date.
HOLIDAY AND COMPENSATORY TIME PAYMENT UPON SEPA'RATLON FROM CITY SERVICE
2. Employees separated from City service shall receive a lump sum payment for
all accumulated but unused compensatory time granted in lieu of holidays
and all other'accumula'ted compensatory time.
COMPUTATION OF SEVERANCE ALLOWANCES
3. Compensation-for .vacation and holidays as described in tfiis Article shall
be computed at the employee's hourly rate on the. effective date of
terminat-ion.
ARTICLE 28
HEALTH AND LIFE LNSURANCE
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. The City shall pay, during 1.983-
84, the following insurance premium amounts towards the group
medical-hospital insurance coverage; provided by the Ci y:
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Health Plan
Kaiser of the Redwoods
Employee $ 59.31 $ 87.00
Employee + one dependent 117..62 168.00
Employee + two dependents 170.21 202.00
2. City of Petaluma Group Term Life Insurance Program:
Sonoma County
$ 87.00
152.00
207.90
The City shall provide fora group term life insurance program for City
employees in this unit. The City shall pay, during T983-84, the insurance
premium towards emp7,oyee only coverage for such. insurance in the principle
sum of $5,000 per employee.
3. City of Petaluma Group Dental Insurance Program:
The City shall provide for a group dental insurance program for City
employees and :dependents in this unit. The City shall pay, during
1983-84, towards the C"ity group dental. insurance coverage program, $35.56
per employee,- per month.
ARTICLE 29
SAFETY
1. The City and the Association wall cooperate in the continuing objective of
eliminating accidents and health hazards and will work toward the
- establishment of a Safety Committee involving employee and management
partieipati,on. The City sha1T 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 than January 1., 1981, the City of Petaluma will develop a
training program for employees in Unit 2.
The City of Petaluma Employees Associ°ation will 'be consulted regarding the
development of said training program, which sha1'l,be consistent with the
ideas as discussed by the representatives of the City and the Association,
during meet and confer sessions in May, 1980.
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ARTICLE 31
SEVERABILITY CLAUSE
1. In the event that any portion of. thi agreement is declared invalid by a
court of competent jurisdiction, it shall not effect the validity of any
other portion of this agreement not invalidated.. Any portion held invalid
shall be re-negotiated so as to effectuate the purposes and intent of the
invalid portion if legally possible.
NEGOTIATIONS
2. Negotiation Period:, 'The Association will submit in writing to the City
not Tess than ninety (90) days prior to the expiration date of this
Agreement any proposed modifications to fhi"s Agreement for the subsequent
Fiscal Year. Th,e parties will commence;Meeti.ng and Conferring not less
than 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 for submission to the City Council for its determination,
prior to the adoption~6y the City of its Final Budget for the subsequent
Fiscal Year.
TERM OF AGREEMENT
3. This agreement is subject to the approval of the City Council of the City
of Petaluma.
4. The terms, benefit and conditions of employment granted this unit are
governed solely by this memorandum of agreement.
5. The terms of this Agreement shall commence on July 1, 198°3, and continue
until the expiration date of June 30, 1984, and from year to year
thereafter unless written notice is given by one party to the other
setting forth a desire to negotiate modifications to this Agreement as set
forth in Paragraph 2; Artic}e 31.
6. If such. notice is given by either party., the party receiving such notice
may also during ensuing negotiations present changes in the agreement
desired by said party.
7. Negotiations upon the modif ications or amendments shahT be conducted
promptly at a time 'and place mutually agreeable to both parties and shall
continue through said period in an effort to reach agreement.
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~~ ~ o
EXHI6IT #1
APPENDIX "A"
Unit 2
HOURLY RATE WAGE SCHEDULE (Effective July 1, 1983)
The basic hourly rate wage schedule for the fo lowing classification titles,
effective July 1, 1983, shall be as specified below:
CLASSIFICATIONS
Custodian
Electrical/Mechanical Maintenance Worker
Equipment Mechanic
Equipment Mechanic Hel-per
Head Custodian
Laborer
Maintenance Worker
Park Foreman
Park haintenance Leader
Park Maintenance Worker
Public Works Leader
Senior Maintenance Worker
Sewer Maintenance Leader
Street Sweeper Operator
Swimming Pool Maintenance Worker
Water Foreman
6Jater Leader
Water Meter Reader-Seruice Worker
Water Meter Repairer
Wa-ter Plant Operator
Water System Service Worker-Plant Operator
I II III IU V
6.00 6.31 6.62 6.96 7..30
8.90 9.34 9.82 10.31 10.82
8..78 9.22 9.68 10.16 10.67
6.80 7.13 7.49 7.87 8.26
6.65 6.99 7.33 7.70 8.09
6...47 6.80 7.13 7.49 7.87
6.80 7.13 7.49 7.87 8.'26
8..26 8.67 9.10 9.55' 10.04
7.68 8.07 8.47 8.89 9.33
6.80 7.13 7.49 7.87 8.26
7.68 8.07 8.47 8.89 9.33
7.12 7.48 7.86 8..24 8.65
7.86 8.07. 8..47 8.89 9.33
7.98 8.38 8.80 9.24 9.70
6.80 7.13 7.49 7.87 8.26
8.26 8.67 9.10 9.55 10.04
7...86 8.07 8.47 8.89 9.33
6.96 7.30 7.67 8.06 8.45
7.12 7.48 7.86 8.24 8.65
7.79 8.18 8.59 9.02 9.4.7
7.12 7.4.8 7.8.6 8.24 8.65
30