HomeMy WebLinkAboutResolution 9473 N.C.S. 06/14/1982~~
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I~esolution I~o. 9473 N. ~. S. JLS: cw 6-1-82
~- • of the City of Petaluma, California
RESOLlJTION RATIFYI'NG'MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY
AUTHORTZED REPRESE•NTATIyES OF THE CITY~OF PETALUMA AND THE CITY OF
PETALUMA EMPLOYEES' ASSOC'IATI:ON FOR EMPLOYEES IN IJNIT 2(MAI~NTfNANCE)
WHEREAS, the City, through its duly.authorized representatiVes,
and the City of Petaluma Employees' Association,~through its duly authorized
represen:tatives, have concluded their mutual obTa~ga:ti:on to meet and confer
in good faith with respect to terms and conditions of employment for employees
in Unit 2, in accord'ance with the ~~leyers-Milias=Brown Aet and the City's
Employer-Employee Relations Rules and Regulations (Resolution No. 5512 N.C.S.);
and, ~ .
~ .WHEREAS, the.dul:y.authorized representati~ves of the City and the
Ci ty: of Peta,l uma Empl oyeesk' Assoc i ati on h'ave~ executed ~~a~ Memorandum of Under-
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stan'ding (dated'June: 14~; ~l`982')~~~p'ursuant to_~_Seet`ion 15:; Resolution No. 5512
N. C. S. and recorr~mend i ts appr:oval by the Ci ty Gounci l;. and,
4~NEREAS, ~the City ~~anager, ~pursuant to Section 28, City of Petaluma
City Charter, and as the Ci_ty's. Municipal Employees' Relations Officer
(Resolution No. 53.74 N:C,.S.,}'i~s :r;'e,qu.i'red and emPowe_red to make a recommendation
" to the City Council on matters related to empl.oyees' compensation; and,
. WHERfAS; t'he Gity Manager has reviewed'and concurs with said
Memorandur~ of Understand.ing for Unit 2.and does recommend that the City
Council ratify said Memora:ndum of Understandi'ng.
~ NOW,THEREFORE, B'E IT RESOLVED that sai-d-'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,
1982, through June 30, 1983g pending execution of the Memorandum of
Understanding.
• Under the power and authority _confecred upon this Council by the Charter of said Ciry.
I hereby certify the foregoing Resolution ~ was introduced and -adopted by the
Council of the City- of Petaluma at a(~~'i~ia`E~ (Adjourned) (5jo~~meeting Approved as to
; ,form
om the .......~.4~r1:.,.._ day of __. ~:~an.~ ..................................... .. ~s~?...., bY the --
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' City Attorney
AYES: HARBE RSON ,
NOES: NON E
ABSEIVT: ~ERR ~,.~;
A'TTES`I'
FORM CA 2 1/80
, BALSHAW,' BATTAGLIA, VICE'MAYOR CAVANAGH, MAYOR MATTEI
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P~EFiQRA'f~DU~i OF UNDERSTA~JDING .
Between._
THE CITY OF PETALUMA .•
And
CITY OF-PETALUMA EMPLOYEES ASSOCIATION
This document represents the final and complete Agreement resulting from the
1982-83 P1eet and Confer sessions wi:th 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 P1eet and Confer under the ~~eyers-
Milias-Bro~~rn Act. As a result, the parties have come to a mutual understanding
vahich 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 their si'gnatures as constitu~ing mutual acceptance and
recommendation of this~Memorandum of Understanding to become effective July 1,
1982, upon acceptance and approval of the Ci.ty Council.
CITY OF PETALUh1A EMPLOYEES ASSOCIATION
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~ ~ JU N 141982
h~EMORANDUM OF UNDERSTANDING
Between
THE CITY OF PETALUMA
~ And
CITY OF PETALUMA EMPLOYEES ASSOGIATION
This document represents the final and complete Ag,reement resulting from the
1982-83 Meet anci 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 ~1eet and Confer under the f~eyers-
Milias=Brown Act. As a.result, the parties have come to a mutual understanding
vahich the representatives of the City anc~ Urrit 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 their signatures as constituting mutual acceptance and
recommendation of this Memorandum of Un_derstanding to 6ecome effective July 1,
1982, upon acceptance and approval of the City Courrcil.
CITY OF PETALUh1A EP~PLOYEES /~SSOCIATION
CITY OF PETALUMA
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TABLE OF CONTENTS
~RTICLE , PAGE
PREAMBLE
1 RECOGNITION 4
2 DEFINITIONS 4
3 ASSOCIATION SEGURITY - 5
4 DUES CHECK OFF 5
5 ASSOCIATIO~I RIGHTS 7
~ 6 GENERAL PROVISIONS 8
7 GRIEVANCE PROCEDIIRE ~ 9
8 DISCIPLINE 10
9 h1EAL & REST PERIODS 10
10 CLASSIFICATIONS AND WAGES ~ 11
11 OVERTIME 11
12 CALL BACK PAY • 12
13 STAND BY PAY 12
14 ~ RATES OF PAY OPJ TRANSFER 13
15 SENIORITY 13
16 PROBATIONARY EMPLOYEES 14
17 LAYOFF AND RECALL PROCEDURES 15
18 PROMQTIOP~S 16
19 SICK LEAVE 18
20 INDUSTRIAL INJURY LEAVE 20
21 HOLIDAYS 21
22 VACATIONS 22
23 ALLOWABLE COMPENSATIOfJ WHILE ON DUTY AS A JUROR 24
24 AN~IUAL MILITARY DUTY 24
25 OTHER LEAVES OF ABSENCE 25
26 RETIREMENT PLAN 26
27 TERMTNATION PAY 27
28 " HEALTH~AND LIFE INSURANCE 27
29 SAFfTY 2g
30 EMPLOYEE JOB TRAINING 28
31 SEVERABILITY CLAUSE 29~
APPENDIX A: Hourly Rate Wage Schedule 30
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~!U N 1 4 1982 ~ ~
PREAh1BLE
This AGR'EEP~ENT entered into by the CITY OF PETALUMA, hereinafter referred to as
the City, and THE CITY OF PETALUMA EMPLOYEES ASSOCIATION, herein:after referred
to as the Association.
The parties hereto desire to confirm and maintain the spirit of cooperation
which has`existed between the City and its employees. The Association and the
City will strive to promote a harmonious relationship between all parties to
this agreement that vaill result 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 differences; and the establ,ishment of rates of pay, hours
of work and other terms .and conditions of employment.
The use of the masculine or feminine gercler in tfiis Agreement shall be
construed as including both genders and not as sex limitations.
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~ U N 14 ~9a2
A°TICLE 1
RECOGN'ITION
DESCRIPTION OF UNIT
1. For the purpose of ineeting and conferring with respect to wages, hours,
and conditions of employment, the C`ity to~t'he extent permitted by law;
recognizes the ~Association as the rep'resentative for all employees who are
employed in and assigned to the job c'lassif~c~tions which in the aggregate
constitute the City's•work Unit Number Two (2) (Maintenance).
ARTIGLE 2
DEFINITIONS
l. The terms "empl.oyee" 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" shal,l mean any individual or individuals whose
employment is limited in duration.
3. The term "full-time emp]oyee" shall mean an employee whose normal schedule
of ~vork is forty (40) hours per c~lendar week.
~-. The term "part-time employee" shall mean aa employee whose normal schedule
of work is less than twenty (20) hours per calendar week.
5. "Calendar day" means the twenty-four (24) consecutive hour period
beginning at midnight, and ending at midnight the following day.
6. "Calendar work week" means a'ny consecutive 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 beginning with
the last date hired by the City and shall include periods of City
employment outside the_Unit, but shall erclude periods of layoff and
leaves of absence,•excep.t medi:cal, in excess of 30 consecutive days,
including the first 30 days of such absence.
9. An employee is a°probationary employee° for his first six (6) months of
employment. Periods of absence exceed,ing five (5) working days shall not
be counted towards completion of the probationary period.
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ARTICCE 3
ASSOC;IATION SECURITY
1. Tt is t'he intent of this, Article to pro,vide for the regular dues of
Assqciation members to be deducted from their warrants insofar as
permitted by 1aw. The City agrees to deduct and transmit to`the
Association, dues from all' As,sociation mEmbers within the forego`ing unit
who have signed an authorization card for such deductions in`a form agreed
upon by the City and the Association, However, the City assumes no
responsibili~ty either to the employee or~to the Association, for any
fail'ure to make or for any 'errors made ir~ making such deductions.
2. The written authorization for Associ'ation dues deduction shall' remain in
~ full force and effect, du'ri`ng the life o-F the current agreement between
the City and the Associa"tion unless cancelled in writing.
3. Upon written request of the As:socia.t'ion ~the.City shall change the amount
o.f due,s deducted from As;sociat'ion members' warrants.
4. The Association ag.rees to indemnify,, def~nd and hold the C;ity harmless
agai~nst any claims made of an.y na.ture whatsoever, and against .an,y suit
instituted against the~City arising from its check-off of.Association
dues.
ARTICLE 4
DUES CHECKOFF
.1. pu,ring the life of this:Agreement, and to the extent the Taw,s of the State
of Ca7ifornia permit, and as provided in this Art`icle, the Cit,y will
deduct one month's current and periodic Associa,tion dues based upon a
uni,form dues schedule from t.he pay of each emPloyee who voluntarily
executes and delivers to the Ci±y the following authorization fo_rm:
VOLIJNTARY AUTHORI;ZATION FOR L~EDUCTIC~N
OF ASSOG`IATI.ON DUfS FOR THE
CITY OF P.ETALUM~ EMPLOYEES ASSOCIATION
Name Social Secur-ity No.
type or print
Division.and Department: ~ ~
2. I~authori'ze the Gi±y to deduct from wages earned by me monthly Associ.ation
dues as :certified to the C'ity by the.Secret~ary-Treasurer of the
Associati;on;, and to remit the same to the Associati.on; at such, time and in
such manner as may be agreed upon between the City and the A,ssociation.
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3. This authorization and direction shall remain in effect from
-to and shall be for that
period of time; provided, however, that it shall not.exten.d beyond the
term of this agreement. This,authorization and direction shall be auto-
maticalTy revoked upon my termination of employment with the City.
Signature of Employee ~
Address of Employee
Date of Signing
Date of Delivery to the City
4. The following certification form shall be used by the Flssociation when
certifying membership dues:
CERTIFICATION OF SECRETARY-TREASURER
OF TWE ASSOCIATION
5. I certify that the membership dues for employees in the unit is
$
per
Date
Si:gnature
Secretary-Treasurer of the Association)
Date of Deliverv to the
City V
6. Payroll deductions shall be made in equal amounts from each regular pay
check provided, however, the initial dec?ucti`on for employees shall not
begin unless: ~
1. A properly executed "Voluntary Authori°zation for Deduction of
Association Dues" is on.file with, the City, and,
2. The amount of the monthly membership dues certified by the Secretary-
Treasurer of tfie Association has been del'ivered to the City at a
place designated by the City at least ten (10) calendar days prior to
the last day of the pay period.
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7. Changes in the amount of the monthly membership dues must be delivered to
the Ci,ty at a place designated by the City at least thirty (30.) caTendar
days p'rior to the•last pay day of the calendar month prior to the change
becomina~effective. ' ~ ~
8. An employee may revoke his "Vo]unta,ry Authoriza'tion for Deduction of
Association Dues", only as p"rovided by the terms of hi.s~lloluntary Authori-
zation. ~
9. All sums deducted by the City sh~all be remitted to the;Secretary-Treasurer
of the.Association at an address g'iven to the City by the Association, by
the tenth (lOth) calenda,r day following t;he pay period when the deductio.ns
were made, .to.gether with a list of names and the amount deducted for each
empl.oyee for whom a deduc:tion was made. The City will also notify the
Association of the name of each employee who revokes hi:s "Volunta-ry
Authoriration for Deduction of Association Dues".
ARTICLE 5
ASSOCIATION RIGHTS
A.SSOCTATION STEUTARDS P,ND ASSOCIATION~ REPRESENTATIUES
l. The Gity recognizes and agrees to deal with the aceredited Assoeiatio.n
Stewards and Representatives of the Associa~tion in all matters relating to
grievances and the interpretation of this Agreemen.t.
2. A written list of the Officers of the Asso,ci'ation and the Association
Stewards with the specific areas they re,presen.t, shall be furnished to the
.. City. Notice of any ehanges o.f such Association Offices or S:tewards shall
be promptly forwarded to the City in writing.
3. The number of Associa~tion.Stewa~rds shall not exceed three. Any change i.:n
the number of Stewards shall be ma:de by written consent of both parties.
4.. Upon the request of the ag'grieved empl-oyee, a Steward or Associ.ation
Officer may investigate the specified grievance, proyided it is in hi.s
assigned work area, and as_si'.st in its~presentation. A rea,sonable amount
of paid ti:me shall be afforded the Steward or Associ~;ation Officer while
investigating such ,grievance. Tn presenti~ng sueh grievance to the City
the Stewar-d or Association Officer. shall be allowed reasonable time:off
during regular working hours without loss of pay, subject to p:rior
notif%cation of his immedia,te Supervisor and with the concu,rrence of the
City Manage:r.
5: Upon request to tiie City.Man.ager,, a repr.esentati've of the Petaluma
Employees Associat,i-o,n who wi'll be representing the employee in the
gri.evance procedure, may.vi~sit work ar,eas at a time matually ag.reeab]e to
both Parties for the pur:pose of p.reparing the case. Such vi.sitation
rights shall be limite_d to a. reasonabl:e amount of time and shall not
interfere with normal work operations.
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6. During such visit the representatives may inspect~any 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 aotices may be posted by the Steward,
a.lthough not limited to the following notices, they may include:
1. Recreati'onal and social event.of the Association.
2. Association meetings.
3. Association e:lections, appoi'ntments.
4. Results of Association elections.
8. In the event a-dispute arises concerning the appropriateness and/or amount
of material posted; the Steward of the Associ.ation will be advised by the
City Manager of the nature of the dispute and the disputed material will
be removed from the bulletin boards antil the dispute is resolved.
ARTICLE 6
GENERAL PROVTSIONS
NON-DISCRIMI~dATION
1. The City will :not interfere with or discriminate in any way against any
employee by reason of his membership in, or activity 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 empToyee
representative and agrees to represent a_11 employees without discrimina-
tion, interference, restraints, or coercion. The terms of this Agreement
shall be applied equally to all employees, with,out.discrimination as to
age, sex, marital status, religion, race, color, creed, national origin,
or political affiliation. The Association shall 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 not, directly or i~ndirectly, take
part in any action against or any interference with the operations of the
City during the term of ±his Agreement.
4. Ti~e 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
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mu,tually acceptable ar.rangements as to time.and pYaee.ean be made. All
su:ch confe;ren;ces shall be a.rranged th,rough the Steward of the.As.soCiation,
or his designated; representa:tive, and.a designated representative of th'e
City Manager. ;Representatives of the Association, not to exce,ed two (2),
shal} no.t suffer los.s of t.ime or Pay when absent.from tlieir normaT
sc:hedule of work~fo.r the.purpose of attending a conference. Conferences
may be attended by representatiyes of `Petaluma Emp1o.yees,Associ,ation.
Benefit plan review and proper classif'ication assignment will be
appropriate subjects'for conferences. -
It is understood that any matters discusse;d, or~any action taken pursuant
to such conferences,, shall in no way change or alte.r any of the provisi,ons
of the Agreement, or the rights ~f either the City or the Association
under the te,rms of the Agreement.
ARTICLE 7
GRIEVANCE PROCEDURE
PURROSE
l. The gri,evance procedu.re shall be used to process and res'olve grievances
aris`ing out of t'he interpr.etation, application or enforcement of the.
express terms of this.agreement. It is ~the purpose of thi~s procedure to
. resolve grievances at the.lowest possible level and to.provid'e for an
orderly proeedure for reviewing and resolving grievances promptly.
2. An attempt shaTl be made to ascertain all facts.and adjust all grievances
on an informal basi`s between'the empTo.yee and, if he des=ires, his
designated representative and a supervisor i'n the employee's chain of
command up to and i~ncluding~~his division head,. Presentati'on of this
grievance shall be made withi~n ten (10) working days of '"the incident
causin;g the' grievance. .
3. If the grievarrce is not adjus.ted to the satis'faction~of the employee
invoTved withi:n five (5).wo:rking days after the 'presentation o:f the
grievance„ the grievance shal.l be submi~tted in writing by the emplo,yee .
andjor his designated representative to the~De.partment Head with a copy
tfiereof to the Personne.l 0ffi cer wi thi.n the next ten { 10~) working days,.
~ In every case the gri;evance must.be signed by the .empl;oyee. The
Depa:rtment Head shall_ meet with the emp~loyee and/or his d,esi'gnated
representat.ive within five (5) worki.ng days of the receipt of the written
,grievance and shall deliver his answer to the employee wit~iin five (5)
working days after the meeting in writing. ~'
4. If the grievance is not adjusted.then,, th:e Personne:T Office:r shall-meet
with the employee and/or his designated ~representative within fi've.(5)
working days o,f the receipt of the writi;en:grievance and shall deliver his
answer to the employee within.five :(5) vdorking days after the meeting in
w riting:. ~
5,. If the grievance i;s st.i 11 not ad~"us'ted, or i f the parties fa`i l to `agree on
the adjustment of the grievance, a request may be~made ~n writing by .
either party to the Personnel Board to settle 'the grievanee. Such request
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JU N 1 41982
must be made five (5) working days after the Department Head's or the
Personnel Officer's response is given to the grievance.
6. The Personnel Board's decision shall be submitted to the City Manager for
determination. The Board shall not have the power to add to, delete, or
alter any provision of this agreement, but s`hall limit its decision to the
scope, application and interpretation of this agreement.
7. At any step in the grievance procedure, th'e employee may at his election
be permitted to have a Shop Steward or other Association representative
present to assist him in the present'ation of his grievance. The Associa-
tion may designate the Shop Steward and shaTl notify the Department Head
and the City Manager of the appointment. Should an employee elect to pre-
sent a grievance in person and without parti;cipation of any Association
Officer or Shop Steward, this is expressly aTlowed. 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 shoul.d not d.ischarge or take other disciplinary action without
just cause. If,the City has reason to rep,rimand an employee, it should be
done in a manner that will not embarrass the employee. .
REIP~BURSE~IENT FOR LOSS Of ~ENEFITS
2. In the event an employee is disciplined or discharged and an appeal is
made as provided in the gri`evance 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`rsonnel 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. The designated thirty (30) minute meal period shall be
without pay. However, if an employee is required to work more than five
(5) consecutive hours without a meal period during a reguTar work shift,
the employee shall be paid at the rate of time and one-half (.1-1/2) for
all time worked in excess of five (5) hou.rs until such time "as the
employee receives a meaT period.
2. The City shall pay $5.00 to an employee who is requested and who dc~es work
two (2) hours beyond the employee's normal quitting time and has been
prevented .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 interfere 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
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may not be used to cover an.employee's late a,rrival to work or early
departure,, to extend the meal period, nor may it be reg'arded as cumulative
if not taken.
ARTICLE 10
CLASS'IFTCATIOf~ AND WAGES
WAGE SCHEDULE
1. Wages shall be paid in accordance with the wage schedale set forth in this
a:greement in Appendix A.
2. The ~ay grade assigned to 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 classifi-
ca•tion is substantially changed.
NEW OR CHANGED CLASSIFICATIONS
3. In the event a new class'ification is established, the City sha,ll assign it
to. an exi;st.ing pay .gracle based upon the ~~o.rk to be per.formed and -after
comparison with other: clas,sifications.
4. The City shall provide the~Association with a written classi`fica~t'ion
descri.pt:ion of the new or changed classifi'cation which shall descri'be the
con_tent sufficien~tly to identify the classification.
5. Upon reeeipt of the City's.description, the Chief Steward of the Associa-
ti.o,n; or his designated represen,tative, shall be afforded an opportunity
to discuss the: new or changed classification and assignmen:t to the, pay
grade with the City P1anage,r or his representative. If the A_ssbciation
does not request a meetin,g within fiVe (5) calendar Ca:ys of the receipt of
the City's recommendation, it sha~ll be.d'eemed to be approved by the
Association. •
ARTIGLE 11
OVERT~IME ~ ~ ~
01IE~RTIME PREMIUM
1. Al1 hours worked in e'xcess of eight (8) in any one day or in excess of
forty (40) in an~v~work week shall b:e pai,d for at the overtime rate which
sha,ll be ~ne and one-,half (1.-l./2,) times the basie s.tra,ight time hourly
rate of qay. Overtime shall not be pyra.mided or compounded.
2. An emPloyee may receive overtime i`n'the form of compens'able time off at a
mutu~ll,y, ag,reeabl e ti;me between the. Ci ty and. the empl oyee at a rate of one
and one-half (l-1/2.) hours of compensable.time for each hoar of time
worked.
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J~! ~~~ 1 41982
3. An employee may receive compensatory time off at a mutually agreeable time
between the City and the empToyee. Such compens~atory t:ime :may be used for
personal business,.illness of an employee's immedi°ate family or to attend
the funeral of a close friend or relative. Up to a maximum of three (3)
working days (24 hours) comp time may be accrued. ~lmounts earned in
excess of that will be paid at the oVertime ra:te.
REST PERIODS DURING OVERTIME WORK
4. Whenever practical, employees who for any reason work beyond their regular
quitting time into the next shift will be afforded a fifteen (15) minute
rest perio~ before s:tarting 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, overtime work shall be voluntar,y, proyided, 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 be distributed as equi.tab]~y as possi'ble, without
favoritism, and in the best interests of the City, among the members of
the department 4rho are qualified to perform and who have demonstrated the
ability to perform overtime servi,ces efficientl~y.
A~TICLE 12
CALL BF,CK' PAY
1. An employee who is called back to work after having completed his regular
shift and left the Citv premises shall recei've a mi.nimum of two (2) hours
v.ork or two (2) hours pay, at the overtime rate. To the extent an
employee is paid over~time premium pursu~nt to the overtime sche~ule listed
above, he shall not be paid overtime premium under the call back section
for the same time worked. This p.aragraph shall' not apply to employees who
are called in early for a shift, i.e., when they work continously fr.om the
time they are called in until their regular shift begi.ns. ,
ARTICLE 13
STAND-BY PAY
WEEKEND STA~!D-BY
1. Weekend stand-by, for the purposes of 'this Agreement:, shall mean time
which an empl~oyee must be available on a ca11 basi,.s outside the employee's
nor~mal 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 actua;l hours spent :o:n a call out while on stand-by at.°the overtime
~rate of time.and one-ha,lf sh'all be 'paid by the City..; A minimum of one
hour at that rate for eve;ry call or ass.ignment shail be. p;aid by th'e Gi'ty.
yOL;IDAY~ STAND-BY
3. For',a Ci"ty designated., fixed-dat'e holiday that falls in the f'i;ve (5) day
" work,week, a minimum of $30.:0,0 pay w~ill be paid by the City to an,employee:
on such holi:day stand-by.
ARTICLE 1-4
~ RATfS OF PAY ON TRANSFER ~
1. Whe
' n an employ.ee is promo:ted, ;he. :shal'l be pai'd the hourly rate nex.t higlier
to hi's own wi`thin the pay grade for the cJassification to whi.ch he was
p~romoted;. ~
2. . When ,an empl~oyee~ is trans:fer~red from one classafica=tion t'o another
cl assi fi cati on i n:the same pay grad'e, hi s hourTy r-a:te shal l remai n the
same.
3, A Permanent or probati ~nar.•y emp.l oyee who i s transferred to a:cl.ass~ wi th a
lower salary without a break in se:rvice will rece.ive the:;same~rate of pay
he reeeived prior to the~ transfer. Such salary shall not be i'ncreased
~ unti'1` the ti mq that a fii gher sal.ary of tVie cl ass to whi ch he was
tran;s'ferred .e uals or~ exceeds hi,s salary. Such transfer ma.y be
depa`rtmental or inter-depa,rtmental, an'd ma.y be made by appoin"tment from an_
empl,.oyment `1 i-st,;, tempor-ary appoi ntment, recl assi fi cat"i on of posi ti on, or
..
reorganiza~tY;on of depa~rtment, 'a`nd- shall {~e in accord with the personnel
rul es and .r. egul'ati ons ..The p.ro~~i si on of thi s:rul e. does not ap,pl~y: i n cases
of di:s~ci pl i nary demoti'on , demoti on~ i n l i~u of 1 ayo,ff , or vol un;tar~}~
demotil.on .
ARTI~GLE l5
SEN;IORITY
STATEME~NT O.F P.R'INC-I;PLES OF S,ENIQRITY
,
,~ In the ;event of any reduc"tion i;,n the~ wo;rf< force, the City w~i}1 a'pply €he
;pri nci~pl e of sen'i or'i ty, meri t arid abi 1 i ty be.i n;g equ'a,l , and the 1'ast
employee hired shaTl be the first l;aid o~ff. In rehiring, the 1_a-st pers;on
--].aid off shall be the firs`t rehired.: A complaint regarding~compliance
with t'his secti:on shall be a subject for grie:vance: In rehiring former
empl oy:ees 1 a,i d off under thi s, Prti;cl e, the ~Ci ty shal,l offer re;empl_,oyment
~°n the orde,r of seni eri ty to. s:u:cfi f~rme:r empl qyees who at the: time of l ay
off were perfo.rming servi;ces e:ss:ent:i_aTly the same as requi,red'for the
~.acancy, provided th'at the period of lay off has not_exceeded; one (l,)
y:ear. . .
2. . I;n shift assi~qnments,, the :Ci-ty will' .give eonsideration to.the .p:reference
of employees and to seniorit.y; proVided, fiowe~er, that.final
'responsi:6ility and authority in j:ob assignment:s, th;e° de:termi`nation of
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qualifications., and the method of determining the qualifications for any
iob, shall remain vested in the City.
LOSS OF SENIORITY
3. Seniority shall be terminated by:.
a. Resignation
b. Discharge for cause
c. Retirement
d. Failure to return to.work from layoff within seven (7) calendar days
after notice to re.turn by certified or registered mail or by telegrarr
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 circumstanees beyond control of employee. After such unexcused
absence, the Gity shall send written notice to tfie employee at his
last known address that he has 1ost his seniority, and his employn~ent
has been terminated. .
SENIORITY LIST
4. The City shall prepare and maintain a seniority list which shall show the
names, classificati.on title, department, and seniority date of all
employees. The Association (Petaluma Employees Association) shall be
given two copies of the list within thirty (30) calendar days after the
date of thi.s Agreement., and thereafter a current list every six months.
5. A seniority list, including the same information, shall be maintained for
each department. This list shall be available for inspection by the ~
employee or his steward.
6. These lists sha.ll be deemed correct as to an employee's seniority date
unless the emplo.yee, or the stewa.rd for the employee, notifies the City to
the contrary in writi.ng within five (5) days after a list is given to the
Association.
ARTICLE 16
PROBATIONARY EMPLOYEES
1. An employee is a probat:ionary employee for his first six months of employ-
ment in 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 reduced by'one day for each two days the
employee had worked in tempo.rary assignments in that higher classifica-
t~ion. Periods of absence exceeding five (5) working days shall not be
counted towa.rd completion of the probationary period.
2. No matter concern'ing the discipline, lay off or termination of a
probationary employee shall be subject to the grievance procedure.
14
TEMPORARY APPOI`NTMENTS
3. It shal l. be the pol i cy. o:f the. empl,oyer to avoi~d temporary app;o'i.ntment`s
vdhenever po:ssible, unless fa~i'lure to do so will se:riously hampe'r the
success of City program: Under such circumst`ances and when;s;uffi'c;ient
ti~me may not be taken to fi11 a permanent p~siti.on t.hro.ugh the n.ormal
procedure, a temporary a.ppoin.tment• may 6~ made. ~mployees rece`iving
temp,orary app.~i ntments shal l be req,yi red to qual i f~~ by tlie no~rmal
selection procedures to become a probationary employee i'ri,th`at class
within sixty (60) days•.
ARTICLE 17
LAYC~FF AND :RECALL PR~CEDURES
LAYOfF PROCEDURE
1. N!hen ,employees are to 6e laid off, the f'ollowing shall be the orde:r of
lavo€f: ~
a. Temporary employees in the affected classifica:tion sha]l b'e removed.
- first.
b. Probationary employees~ in a'n affectad classifications shall'.be
remov~ed next. .
c. T.he emp3,oyee wi th the 1 ea`st sen:i ori:~ty i n an affe;cted, cl as;s~i'f'i cati on
or department shall be removed;provi~ded that the City~Manager:ma.y do
otherwise in or.der to maintain- a 6ala~nced department .o"r ~work unit and
~ to mai.ntaa n empl oyees. i n the cl assi'~fi cati on or departmen't; -Nho have
, .-, the; abili~ty to perform the work;-a~ai~lable. ~
RECALL~PROCEDURE .
- 2. An employee wh'o has been l.aid. off or transferred as.a result' of a
reducti;on on the work force shall be rec~lled to work in re.v,erse order i..n
whi ch the empl oyee was 1 ai,d off or t,rans~ferred; condi ti"o:ned u"pon `the
empl oyee's abil i ty to perform the work' av;ai l abl e• a'nd tha`t the pri od, of
such~ l ayoff or transfe:r fi'as no,t exceeded one (1 } year,
3. When employees are returned to work a~fter~ layo:ff, employees shall be~
. recalled in, reverse or,der in which t'he empl:oyees.were laid off,, The
_
~• emPl o.yer °shal 1 send by regi stered mai 1 t~~ 'the empl,o.y.ee'ss 1 ast; kno,wn
address notificati'on that t_he employe;e is ~being recalled.:.:`.~The emPl.oyee
s,hal l.retunn to work wi thi:n seven ( 7), days of 'the date of mai l i ng .
F.ailu;re to return after. not.ice shal°l' be ~3rounds for discharge and to.tal.
l;oss of seniori.ty. . _
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ARTICLE 18
PROMOTIONS
SHIFT CHANGES WITHIN A WORK SECTION
1. The City Manager ina,y 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 qaalifications are required for entrance to such a position.
TRANSFERS
2. 4dhen an employee within his own classifica-tion and work section wishes to
change from one shift to another shift, he s:hal~l file a request for
transfer identifying the shift he is in, and the one he chooses to transfer
to and file it with the P.ersonnel Officer. ~
3. Request for transfer from one department or.work section to another
department or work section having a different ju.risdiction or different
function shall be filed with the Personnel Office.r and shall be done only
with the consent of both department heads` involved, unless such a transfer
is ordered by the City Manaqer for purposes of economy or efficiency.
4. Any person transferred to a different position shall possess the minimum
qualifications for that position.
PROh10TI0NS
5. Except for those positions not~re'quiring wri'tten examinations, promotions
in the City service shall be based on a competitive examination and
records of efficiency, character, conduct or other generally accepted
qualifications deemed necessary or reliable in obtaini`ng a passing grade.
The City will give significant consideration to the performance of the
employees., senic~rity, physical fitness, and ability to perform the work.
Lists shall be created and promotion made therefrom in the same manner as
prescribed for original appointments.
6. Whenever practic:aT, vacancies shall be fill;ed.by, promotion. The rules
covering promotional examination shaTl be the same as those governing
original ent.rance examinations. .
NOTICE OF EXAMINATIONS
7. .Notice of examinations shall be printed and shall be posted on the
official bulletin boards of the City and may be advertised by any other
means chosen by the Personne.l Officer. Pu'bTie n'otice shall be posted at
least five (5)•days Prior to the final filing date, an~ shall contain the
~following information. '
a. The title.and rate of pay for the position to be filled;
b. Some typicaT duties to be performed;
c. Minimum qualifications required;
16
d. The method of securing.application forms and the final filing ~ate on
which applications wi1`1' be accepted;
e. The relative weights assigned to the various parts of the ~
e"xamination; ~
f,. The minimum passin.g score, ~
8. In addi:tion to, the.pos~ti_ng, and any other advertis~ng that takes pla,ce for
position as outl~ined in the above paragraph, a copy of the notice will be
sent to the Assoc:iation for those positic>ns in the work unit which they
re.present..
AVO°IDA~NCE OF `TE~~PORARY HIRING
9. During any period in which employees are being considered for promotion
and during any' posting pe,riod, it shall be the policy of~ the employer to
avoid tempora.ry employment to such Positions, unless the failure to make
appointments to such pos'iti"ons would ser-iously hamper t'he success~ of the
Ci':ty prognam: Under such circumstances ~~nd when sufficient ti.me may not
be take_n to fill a pe.rmanent position through the normal procedure, a
temporary appointmen.t may be made. .
10. An employee holding a clas"sif~ied position ma,y temporarily be~assigned the
d`uties of another positi;on for a period not to exceed ninety (90) calendar
days duri~ng any fiscal year. The employ~e shall recei~e eitfier h`is per-
manent saTary or a 5% increase, whiehever is greate;r whenever the
assignment exceeds ten ~(10) consecutive workdays. The City Ma~n'age.r may
app,rove ex;tensi.on of the tempo.rary a;ssignmen.t for an additional ninety
(90) da.ys. In no event shall the assignment of temporary duties exceed a
pe:riod of-six (6) months in any gi.ven fiscal yea.r. Th`ese tempor.a,ry
assignments used in leave of absence situations shall .not be used to avoid
promotions. Employees receivi.ng temporary appointments will be re~uired
to meet the minimum qualifications for the.position in which they were
ap,pointed on a temporary basi.s. ,
11. An ,employee who has been promoted but does not successfully pass.fiis pro-
motional proba.tionary period of six (6) months, shall.be rei'nstated to the
position w.hich he held prior to t'he promotion.
12. lJpon an employee request within a one (1) month peri'od following a
promotion, he shall be returned to a regular job o"perring i'n t'he
cla~s~sification from which he was promote~, at the pay rate~from whi:ch he
was p,romoted from, but in no event shall he'be hel.d in the promotional
posi ti on over one~ (~1) month fol l o,wi'ng hi s~request for 'rei nstatement i n' the
lower position. Upon reinsta.tement to the former pos:ition, the emplo.yee's
•name will be removed fr-om the promotional eligib°ility li~st.
13. An emplo.yee who has been transferred pursaant to his request o.r who has
been promoted and not returned to his former elassification, need not be
consi;dered by the City for a subsequent transfer or- promotion during the
six month period following his transfer or promotion,. ~
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J U ~ 1 41982
14. If the.employee ,has f.iled more .than one reques:t for transfe~r, only the
most recent of his requ~sts w:i1l be con'sidered by the City.for making a
transfer, $uch transfers will be considered only if the employee
possesses the minimum qualifications for the position.
15. Employees who have successfully passed an ex~amination for a higher
position, and have been certified for the hi.gher position, will be deemed
to q:ualify for positions with lesser qua]if'ications a'nd may be certified
to the lesser positions, provided no~lists exist for the lesser positions.
16. In the event that an applicant accepts a lower classif'ied position, he
will be allowed to remain c~n the eli.gibility list for higher
classification until the li:st is abolished.
ARTICLE ]9
SICK LEAVE
ELIGIBILITY
An employee shall be eli.gible to receive sick leav,e',in a`ccordance with the
provisions of this Articl:e when he is unable to work because of a
disability resulting from persona] sickness or inju,r"y, except no sick
leave shall be payable,for any injury or absence which results or occurs
as follows: ~
1. Intentionall.y self-inflicted;
2. Participati;ng i.n any criminal act;
3. Participating i.n a riot; •
4. Working for an employer other than the Ci,ty.
2. Neither shall any sick leave be payable (1) du.ring a vacation except when
hospitalized or equivalent confinemen,t, or (°2)~du:ri`ng a layoff, leave of
absence, or disciplina~ry layoff.
3. All hours of sick leave accrued and all hours of absence, whether or not
~paid, shall be recorded,: To the extent necessary to implemen,t this
Article, such records may be inspected by :an individual employee and/or
au.tho;rized Associati,on representative. ~.
ACCRUAL
4. Sick lea.v.e shall acerue to al] full-time employees at the,.rate of one day
for each month o:f continuous service. No employee sha]1 accumulate more
sick Teave in any,year than ,provided.
5. Sick leave shall continue to accrue while an employee is on vacation, on
sick leave,.or on jcb-connected injury leave.
6. No employee shall be eligible for sick leave before it accr.ues.
7. Employees serving their probationary peri;od, with~the approval of the City
P~lanager, may take up to one day sick leave with pay for each month worked.
18
,
Empl.oyees hi red on o:r before th`e 14th of a cal endar mont:fi s'hal 1 be
credi'ted wi th one. day of :si ck l eave- at ~t:he ~ end of t'hat month. EmP`1`oyees
h;ired on.or after the 15t'h of t;he ealendar month shall not be credited
w.ith any s-ick leave far 't'ha,t cal;e'nd'ar mo.nt'h. .
MIN,IMl1P~ S~I;CK LEAVE GHARGE'ABLE
8. For the pu~rpos;e of chargi'n;g s~ick leave,~ the minimum sick leave chargeable
-w:i 11 be qne worki ng hou:r. •
.BERE=AVEP~ENT LEAVE ~ ~
9. In the event of the death of an em~ploy.ee's spouse, mother, step-mother,
mothe,r in-1'aw~, fa-ther, step-father,..father=in-1.aw; brothe.r, ~si's~ter, or
child, in,cluding an adopted child, an employee who atte.nds; the fune,ral
s_hall be gran~ted time off work with 'pay. The amount of time ;off ~work with
~~pay shall be only tha't whi.ch i:s required to 'attend the funeral and make
necessary funeral arr:angeme'nts, but in; no event shall i_t exceed th,ree (3)
working day~s; Thes:e th,ree (3) days sha.ll not be chargeable .to sick 1",eave.
`_ dditional tw.o. (`2) days requ,,ired fior necessary funeral arrangements may
be char. ged to the empl oyee' s s i ck l eav:e,, any addi ti"onaT ti me be,yond these
•two days may,,be charged to: aecumulated vacati~on; ac.c;umulated compensatory
time:~or leaue~witHout pay.
SICK LEAIIE, GE,~~ERAL.
• °
10. On °taking si;.ck _leave t:i_me, the ~employee ~~nus.t notify hi:s department head
either p.rior to; or with~n thirty minutes after the time s,et for begi'nning
hi~s dai ly duti es,. If an empl;oyee = s'duti ~s begi n before the ~swi°tehbo'ard :,i s
in,opera.tion, he mus't notify the'departm2nt not later than 8:30 a.m.
11. S;i ck l eave sha11 not be cons i:dered a's' a ri gh"t Hihi ch; an empl oyee ma.y, . use at
his .di.-s~cre,tion, but~ a,privilege which shall be allowed only in case of
neces;sity and ,actual si.,ckness ~or disab~i'1i`ty.
12. When an emp'loyee is absent for more than th;ree (3) consecut.ive. days-,: the
, City Manager or Personnel; Officer' may re~auire a doctor's ce.rtificate for
~ such ;si~ck l ea~v.e abse'n,ce: When an empl oy~~e i s ab,sent for ;si x( 6') days or
_more i;n. a calendar quarter or e`ight (8) days o,r..more in any two'
consecuti~~e: cal,enda.r quarters, the;C'ity Manag"er or Re•rs~onnel Offi.cer may
requi;,re a cloctor's certif7cate,, prior to paying sick lea~ve for t4he d;ays
absent, provided however, tha't ab.sences ~for which a doctor's certificate
has been provided shall not count toward the aforesa.i~d :si'x, day and eight
day pe'ri.od's. ~ ~
13. If a.n empl oyee has not ,recovered by the ~ti;me he has ex~h'austed hi s..
accumul~ated sick 1ea,Ve, the City Manage;r, upon rece~ipt of such request in
wri.ting, may grant hi~m leave of absence i~ot to exceed the ti;me; limitations
of .Arti cl e,: 25..
14 =l~J;pon the expiration of a l:ea~e of absen"ce~quoted under Paragraph 13., the
empl oyee .s,hal 1 b:e re~turned to. the •:same c1 a;ss :or . p`osi ti on :or t~o any
posi;tion to; whi.ch he had been eligi`b~l~e tc~. trans,fe~r~`at the ti`me h'is leave
~1~.9
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J U N 1 4.1982
of absence ~~ras pranted, provi~ed he furnishes medical certification of
ability to perform.the position for which he i.s eligible.
15. The City Manager may revoke pay and sick leave time if the employee is not
i,n 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 imposeci on employees f.or taking justifiable sick
leave to which the employee is eliqible.
17. Up to two d~ys ,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, brothers, sisters, or other individuals
whose relationship to the employee is that of a legal dependent.
ARTICLE 20
INDUSTRIAL INJURY CEAVf
L~JORKERS' COMPENSATION
1. Benefits shal~l be payable in situations where employee absence is due to
industrial injury as provided in California State 6Jorkers' Compensation
Law. The amount of disability payments paid to the~injured employee shall
be deducted from salary payable to the employee while on sick leave.
During the first ten (10) calendar days of abs:ence for industrial
disability, the City will pay enp'loyees an amount which when added to
their bJorkers' Gompensation benefit~will equal their regular salary rate.
This,supplemental amount shall not be deducted f~rom the employees sick
leave benefit. In the case of absences beyond ten (IO) working days, the
employee shall 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 Gity payment for
salary at no loss of sick leave. Sick leave fo'r industrial injury shall
not be allowed for a disability resulting f~rom si'ckness, self-inflicted
injury or willful misconduct.
DETERMINATION OF IP~DUSTRIAL DISABILITY LEAVE ~
2. Ex~cept,as otherwise limited by this Artiele, the amount of industrial
disabil.ity income available to an eligible empl:oyee shall be determined by
multiplying the number of 'hours, not :to exceed eight i:n a.°.ca~lendar day nor
forty in a calendar week, of time lost from work because of the
disability, times the employee's hourTy rate at the time the injury
occurs.
NOTICE AND PROOF OF I~JDUSTRIAL OISABILITY
3. No industrial disability leave shall be permitted unless the employee's
superi.ntendent is notified of the nature of the disability and the
probable duration thereof as soon as possible, but in no event later than
the conclusion of the current work day, except when the failure to notify
is due to c.ircumstances beyond the control of the employee. The injured
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emPloyee must comp'1°ete a notice of i~n.j.ury form with"in the `time limits
stated. ~ ~
4. In all.cases on retu:rnin.g to work arr employee claim.ing, or having
received, industrial disa6.ility.leave must certify ~on a form provided by
~the Ci~ty as fol~lows'
1. The nature of the i;ndustri`al di sabi l i ty whi ch pre~vented him ~from.
working, including time, date:s, and c~ircumstanees, and whether or not
under the care of'the City's physi'cian.
2: The amount of time lost from work in hours 6ecause of the disability.
3. Th"e name o,f the i.ndividual to whom no,tification of the accident was
giv'en or the rea~son notice was not ~iven. ~
4. A release from an approved State Comp physician stating t'hat the
employee has recovered anii is capab1e of returning to work.
'5,~ In the.event.that facts and :circums-tances indi:cate that the empl.oyee
may not be eligible for industrial disability l:eave as cTaimed,
evidence of' i•ndustri°al ~di sabi`l i ty m~y be requested such .as, a
physician's statement of the industrial disability.
6, Arbi.trary faiTure or refusal to follow acce~ted medi.cal p.ractice in
treating~a disability sha17 be. reason for di:scont'inui`ng or
withholding indastria.l disability income.
RRTICLE 21
HOLIDAYS
1: Authorized,. City okiserv,ed,; paid holidays: ' '
A. The City wi11 designate ten ;(10) paid,. fixed-date holidays for
employees in this unit. Such holidays shall be estabJislied for the
City's fiscal year as determined by the Gity Council Re"solut`ion:
B. During the fiscaT year 1''982 8'3; for those employees hired on or
before Decemb.er 31, `19~82, the Ci ty wi l l authori~ze one ('1 )"F1 oati ng
Holiday" p.er e~pl.oyee, which may be taken`by the employee at a time
. sel~ected by the employ,ee., subiect to operation:al requ`irements a'nd
approval as~determined by "the Caty.~ .
2. The holiday shall. be consecut'ive twen;ty-four (24) hour period starting,
with the employee's sta.rti_ng time on t'he calendar day'on which the holiday
is observed..
3.~ Each ful l-t`ime empl oyee,~ othe;r tfian. an empl oyee on 1 ayoff or .on any l eave
of absence, sha1T receive eight (8) hou.rs pay at his hourly rate for the
fiol i,d`ay, provi:ded ,the empl~oye~e meets the fol l owi ng~ el i gi'bi l i ty
requiremen.ts. ~
21
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J U N 1 4198~
4. He works his last scheduled work day priar to and
day following the holida'y; unless fa;ilure to work
days is excused'because of (1) personal sickness
extraordinary circumstances beyond t,iae control of
the satisfaction.of the City Manager which cannot
him to meet his employment obligati`.on.
his first scheduled work
on either or both s.uch
~r injury, or (2) other
the employee proven to
be corrected'in time for
5. An employee required to work a paid holiday s'hall receive, in addition to
the eight hours hol.i:day Pay; further compensation of either one and one-
half days off or pay at the.overtime rate fo;r'the actual holiday worked.
6. Observance by,an empl:ovee of a desi,gnated religious event may be granted,
if practical, with at ]east seven (7) days pri`or approval required for
such leave, under the following methods:
1. Time char,ged to accrued vacation ;aTl'owance; or
2. Time off without pay.
ARTIGLE 22
VACATIOf~lS
1. The purpose of annual vacation lea~~e is to enable each eligible full-time
employee annually to return to his work mental;]y refreshed. All employees
in this uni't shall be entitled to annuaJ vacation with pay except the
following:
a. Full-time employees who have served less than 12~months in the
service of the City; however,.vacat;ion credi'ts for the time shall be
gran.ted to each such employee who l,ater receives permanent
employme;nt.
b. Employees who work on a tempor.ary basis and all part-time employees
who work 7ess than 1,040 houns per year.
2. Al1 permanen.t employees of this unit afte'r serving at least one full year
are entitled to the equivalent of ten (10) working days of vacation with
pay in the nex~t succeeding anniversary year of employment. All permanent
employees of the unit., after five (5) years of conti`nuous service with the
City and commen'eing with the sixth year, shal,l be enti'tled to fifteen (15)
workin;g days of vacation with pay per y.ear. After 10 years of service,
one.ad"ditional day of vacation shall 6e added for each additi:onal year of
continuous service to a maximum of~20 days~ vacation,. If an employee
wishes to take more than twenty (20) cqnsecutive working days of vacation.,
h'e shaTl h'ave .the prior approvaT o.f his-department head and the City
M~nager.
3. The time~during the calenda.r year which an~emp'loyee may take his vacation
shall be dete"rmi,ned by the departmen.t head.with due respect for the wishes
of the employee and particular-regard for the' needs of the service. If
the requirements of t'he service ane such that an employee cannot take part
or all of 6:is annual vacation in.a particular calendar year, such vacation
shall be taken during the following calendar•year.
22
_ ~ _ .• ~ ' ~ ,~ ._,r.i~~ , ~ i ~ ~~ ' ' ~~ ..
VACATIONS :- GENER'AL'PROVISI:ONS
4. . Ex=cept as provi ded above,,. an em,pl oyee sha,l l not accrue any pa~i~d, vacata on
tim,e duri n;g any' 1 eave of absence wi thout pay or duri,ng :any cal;enda:r month
i~n whi ch h'e i~s absent wi thou~t pay f`or fi fteen (1.5".) or more worki~ng days .
~ 5. Pai d:vacati::on time accrues' and i s record~ed at the en'd o.f each .eal enda'r
. month ~of empl oymen"t. ~
. ~ . .
6. No empl oyee shal l a'ccrue pai'd vacat'i on ti'me i n exce'ss of two (~2 ) years
vacation leave.
NOLIDAYS WITNIN VACA7IONS
7. In the event tha:t one or more of .the mu,n.i ci pal ho:l i days. o.bserv,ed'. on the
speci fi,c d,ay fal l s wi thi n an~ anpual vacati on l;eave', such' hol i:;day shall not
be charged as vacation,lea:ve, and t'he vacation leave shall be extended.
accordingly.
ELIGIBILITY
8, ~Jo ,empl oyee. shal l be ~el i gi b;l e fior ;p.ai d vacati.on time or recei've pay i n
, lieu of va'cation time before it acerues.
` PAY IN LIEU ~OF 11,AC'ATION TIME
~ 9:. An :empl oyee wi l l rece'i ve> pay i n 1 i eu of pai d vacati;on t'i me ( i. e. , without
taking actu;al time off from work) only u,nder the followinq ci:rcumstances:.
a': Reti "rement; or ~
b. 'Start of a 1 eave of abence wi tliout pay for more than 90 days.; or
c. Resignation reques.ted by the Ci°ty,; or .
d. Resignation,, the Un:io,n shall a'd'v.ase its members th'at two (2) cal.en`dar
'weeks adva`n`ce writt;en notice s~h~ould be given to ttie Ci'ty:
e: Death, in wliich case an heir or he.irs wiTl be paid,.
~ 1.0',, Pay ~i°n lieu of vacat'i:on shal;l .be at the empl~oyee's :hou;rl,y rate,.times the
• ~. num6er of hours~ of accrued v~aca'tion t.ime.
SCHEDULI~NG`OF PAID VRCATION T:IME
- ' ' - ~ -
11. P,ai d vacati'~on t~i me -sha;l l be ;requested i n a,du.ance by. empl oyees i n
accordance with procedures establish'e,d.by the Gity, except tha,t when
extraordinary c~ircumstan.ce`s occur beyond the control; of.the employee, the
empl,oyee may 6e permi°tted to reschedule his vacation a;t a ti'me; mutual.ly
- ` agreed upon. -
23
. . , ~; ;~., - •
- ~ ~ ~ JU ~1 1 41982
SHIFT EMPLOYtES
12. Tlie first day off shall be considered as a Saturday for irregular shift
employees for the purpose of computing vacations and compensation for such
employees. Any questions relative to interpretation of this section shall
be resolved by the City Manager whose determination shall be final.
ARTI'CLE 23
ALLOI~lA6LE COMPENSATION bJHILE ~ON DUTY AS JUROR
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 duties with the City during the period of
such service or while necessarily being present in court as a result of
such call. The employee shall be paid the difference between the
employee's full salary and any payment received by the employee, excepting
travel pay, for such duty. However, such time shall not be considered as
time worked for purposes of Article 11, Paragraph l.
2. For the purposes of this Article, time served as a juror or as a u~itness,
compelled to appear on behalf of the City under subpoena, by an irregular
shift employee shall be 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 for purposes of Article 11, Paragraph 1. It is
the intent of this Paragraph to allow an employee compelled by law to
appear as a jaror or witness to compute that 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 (24) hour period.
ARTICLE 24
ANNUAL f~1ILITARY DUTY
1. An employee may be absent on military leave as authorized in Section 395
through 395.8 of the Military and Veterans Code of California. The
employee shall furnish to the City h1anager satisfactory proof of his
orders to report for duty and of his actual service pursuant to such
orders. Employees with less than one (1) year City service shall take
such leave without compensation from the City or as provided in the
Plilitary and Veterans Code. Armed Forces reserve or national guard base
pay shall be offset against such pay.
2. If an employee receives vacation pay during a perio"d 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 recei~ves vacation pay.
24
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.r c,r
ARTICI.'E 25
OTHER LEAVES OF NBSENCE
MEDICAL
1.. An employee who (1) is una'ble; to w.ork because of non-industria,l personal
~sickness or injury, or (2) has exliausted sick leave and vacatiqn payments,
may be gran.ted a leave of absence withou~t pay upon request in writing and
the ~furnis'hing of satisfactory evi~dence 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 co,ntemplates 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 s'ix (6).mon'ths unless further extended by the
Gity. In no event will an extended le~ve of absence wi~thout pay exceed
one (1) year. T,he amount o,f extended leave of absence gr.anted:pursuant to
this paragraph shall be dependent upon the employee's furnishing
satisfactory proof of disability, a showing of receiving con.tinuing and
appropriate medical treatment, and the furnishing of a phys~ic"ian's opinion
that leave of absence is warranted'for medical reason and that'his
p:rognosis is that~ the employee will be physically fit.to perform his
duties at the end of the requested lea:~e of absence. In the'event the
empl_oyee~'s physician's progno.sis and repo,rt is equivocal., the City may
request its physician to submit his i.ndependent report. ~
PERSONAL
3. An employee for personal rea'sons may be.granted a leave of absence withou-t
.. pay by the City for a period not to exceed three (3) months. The leave
may be extended for additional periods, but in no. case shall a lea.ve'and
extensions exceed six (6) mont'hs. A 1-eave for personal reasons as he'rein
provided may not be used to extend or eompound a leav.e of absence granted
under any other pr.ovision of tfiis agr.eement.
ASSOCIATION
4. An employee who is elected or appointed to office or who is selected for
regular employment with tlie Associ:at.ion (Gity of Petaluma Emp:loyees
Association), upon written request of the Secretary-Treasurer of the
Associatio~n, may be granted a leaue of absence;~without pay for not more
than three (3) months. Uporr written request of the Secretary=Treasurer of
the Association, the leave may be extended for additional period's, but in
no case shall a leave and extensi~on exeeed six (6) months.
ASSOGI:ATI,ON - EXCUSE-D ABSENCE
5. An employee who is elected or selec.ted.by the Association, upon the
written request of the Secretary-T'reasu'rer of the Association, may be
gr.anted an excused absence without pay for a period not to exceed five (5)
days per yea.r to a.ttend ~conferences or conventi_o,ns. Not more t:han one
employee will be granted an excused absence at any one time.
.~°
25
• ~ ' - . - ~`. ~' ~ . ~kii ..~ . ' i. .
. ' .JUN 14~1982
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 Dep,artment 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 full-statement of the reasons
for such request. The Department Nead may grant~or deny such leave for a
period.not to exceed three work days. Request for additional leave must
be submitted in the same manner to the City Manager.
RETURN TO ACTIVE EMPLOYMENT ~
7. In order to be el"igible to return.to active 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
eligible category for a classification for which he has the ability to
perform the work:
8. The City, at its option and without cost to the employee, may require that
a physician or physicians of its choesing examine the employee before
returning him to active employment.
GENERAL CONDITIONS
9. During a leave of absence, an employee will not accrue vacation nor be
eligible for any payments for time off work as provided by this agreement.
10. Subject to and consistent u~ith 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
contributions to the Employees' Retirement Plan are discontinued and
benefits do not 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 unde w contract with the State of California Public Retirement
S.ystem in acc:ordance with and subject to the provisions of the State
Employee Retirement Law.
2. Each pay period all permanent and probationary employees shall have
deducted from his earnings a retirement contribution at a percentage rate
established by the Retirement Law.
26
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. , . ~ - ~ . .~ . ~ .
3. In the eu.ent of death or reti'rement, an empl~oyee wh,o has comPle:ted ~ten ~~
. (10) years or more with the Gity shall receive fifty percent (50%) of his
accumulated but unused sick leave, n~t t~ exceed si;xty (60) :days.
4. The City will modify its' contract with PERS to impl,ement the following
~options:
a. Sick leave credit.
b. Last year compensation.
ARTI~CLE 2Z
TERMINATION PAY
VACATION PAY~tENT UPON TERMINATION
1. Upon termination, voluntary resignation, or retirement after one full year
of continuous serv-ice with the Ci~ty or mor,e„ the employee shall receive a
lump sum payment for al`l accumul'ated but unused vacation,~;ime. TVJO weeks
advance notice in writi;ng should.be given to the City of th,e termi:na-tion
date.
HOLIDAY AND COMPEI~SATORY TI~1E PAYMENT UPON SEPARATIO~I FROM CTTY SE'R~ULCE.
2. Employees se:para,ted from City service shal_1 receive a lump sum payment for
all accumulated but unused eompensatory time granted in lieu of holidays
and all other accumulated compensatory time.
COMPUTATION OF SEVERANCf ALCOWANCES
3. Compensation'`for vacation and holidays as descri~bed in tfiis Arti'cle shall
be computed at the empl:oyee's hourly rate on the effect.iye date of
terminat;ion. ~ '
AP.TI'CLE 28 .
HEALTH AND LIFE~INSURANCE
1. City of Petaluma Group Medical-Nospital Insura'n'ce Program: ,
The 'Gity shall provide,for a group medical-hospital insu:ra;nce coverage~
program for City employees in this unit. The C'ity shall pay, during 1982-
83, the fol`l:owing ~i:nsurance premium amounts towards.the group
medical-hospital insurance coverage; provi'ded by the City:
27
.. , `_ ,. ,
_ .~_, , .. .,
Employee
.' 1::,~r- _ ~i - ~: Y., y~
. . , h~~? ;-. .
JUN .1-419~2
Kaiser
$ 89.17
Health Plan
of the Redwoods
$ 85.00
135.00
157.00-
Sonoma Countv
$ 70.15
Employee + one dependent 114,14
Employee + two depe:ndents 119.31
121.90
159.90
2. City of Petaluma Group Term Life Insurance Program:
The City shall pro-vide for a group term life' insurance program for City
employees in this unit. The City sha11 pay, during 1981-82, the insurance
premium towaru+s employee only coverage for such i'nsurance 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 i:nsurance program for City
employees and dependents in this unit. The City shall pay, during
1982-83, towards t'he City group dental insurance coverage program, $35.56
per employee, per month.
ARTICLE 29
SAFETY
1. The City and the Association will coopera,te in the continuing objective of
eliminating accidents and health hazards and~wi'll work toward the
establishment of a Safety Committee involvin;g employee~and management
participatio.n. The City shall continue ~to inake reasonable provisions for
the safety and health of its employees durin.g•the hours of their
employment.
ARTICLE 30
EMPLOYEE JC~E TR{~TNING .
1. Not later than Ja;nuary l, 1981,.the City of Petaluma will ~develop a
training program for employees in Unit 2. .-
The City of Petaluma Employees Associat;ion will be consulted regarding the
dev:elopment of said training.program, which shall be consistent with the
ideas~as discusse'd by the representatives of the City and"the Association,
during meet and.confer sessions in May, 1980.
28
1yi'f
~ . • . . .. .. • . J 1.' ~
ARTI"CLE 31
~ _ _., SE~IIERA~ILITY CI_AUSE
l. In
the euent .that any port~ion of this agreement is declarred i;n~alid by a
court of ~coinpetent• jurisdi:,ction, i't shal~l not~ eff.ect t'he vali'dity of any
other portion of this ag;reement not in~alidated. Any°porti:.on held invalid
shal'1 ~be re-negoti.ate,d s;o .as to effec;tua~te the purposes and i,nt'ent of the
inya1i~d portion if legally possible. ~ ~-
NEGOTIATIONS
2. Negot°iation Period: The Association wi11 submit i.n.writin.g to the~City
no:t' less. than ninety (90); 'days pri`or to ~Ehe expirat~i:o,n d'ate ;o~ this
Agreement any proposed modific'atio.ns to `this Agreement f~r the subsequent
Fi s.cal Yea.r. The parti es wi 11 co'mmence P~leeti ng and Conferr~i'ng not ~l ess.
than .seventy-fi'v.e (75) days pri'or to t:he expiration date of this Agreement
and wi l"1 endeavor to reach an agreemen;t;' i n a wri`tten °Memorandum of
`Understa'nd:i ng for su6mi ssi on t'o ~tlie Ci ty Counci l for i't:s det:ermi nat:i on ,
prio:r to t'he adoptiqn by the~City o.f its Fina1 Budget for the s,ubsequent
Fiscal Year: .. '
TERM~QF AGREEMENT
3. Thi~s a'greement '.is subject to the approva1 of the Gi~ty Council of the City
. o:f Petaluma.
4. The terms„ benef'it and conditions o.f emp`loynen.t granted t.his unit are
governedr solel,y by this memora;ndum of a,greement:
5. The terms o;f tfii':s Agreement sha'l l: commen(:e on July 1, 1982, and con.t:inue
. until the expi.ration dat°e of Ju:ne 30~, 19t33, and from„year to `y,ear
thereafter unl ess wri t~ten °no:ti ce i°s, g,i ven by one p'a',rty to the~ other~ ~
set"ti,ng ~forth a desire to negotiate.~modi~fi;cations -to this A,greement as set
forth in Faragrap'h 2, article 3:1.
6.: If .such notice is given by eit-her pa;rty, the pa-rty receivi,ng; such notice
may aT~so durin'g ensuing negotiat~ions. present changes in the agreement
desired by said party, .
7, Neg,otia`t.ions upon the modifications or ame`ndments sha;ll be conducted
promptly at a ti:me and~pl.~ace mutually a.g~eeable to bo;th parties and shall
continue through said period in an e;ffor~t to reach agreeme.nt:
29
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. .. J U N 1~ 1982 -• ."
APPENDIX "A"
Unit 2
HO.ORLY RATE WAGE SCHEDIJLE (Effectiye July 1, 1982)
The~basic hourly rate wage scheduJe for the following classification titles,
effective July 1, 1982; shall be as specified below:
,., ~,.,.,~,,.~Tr,,.,,. _ __ --- -..
Custodian
Electrical/h1echanica]_ Maintenance Worker
Equipment Mechanic
Equipment Mechanic Helper
Nead Custodian
Laborer
Maintenance UJorker
Park Foreman
Park h1aintenance Leader
Park Maintenance Worker
Public Works Leader
Senior hiaintenance Worker
Sewer Maintenance'Leader
Street Sweeper Operato,r
Swimming Pool Maintenance Worker
Water Foreman
Water Leader
Water Meter Reac!er-Service bdorker
Water P9eter Repairer
Water Plant Operator
Water System Service Worker-Plant Operator
5.73 6.02 6.32 6.64
8.50 8.92 9.37 9.84
8.38 8.80 9.24 9.70
6.49 6.81 7.15 7.51
6.35 6.67 7.00 7.35
6.18 6.49 6.81 7.15
6.49 6.81 7.15 7.51
7..89 8.28 8.69 9.12
7.33 7.70 8.09 8.49
6.-49 6.81 7.15 7.51
7.33 7.70 8.09 8.49
6.80 7.14 7.50 7.87
7.33 7.70 8.09 8.49
7.62 8.00 8.40 8.82
6.49 6.81 7.15 7.51
7.89 8.28 8.69 9.12
7.33 7.70 8.09 8.49
6.64 6.97 7.32 7.69
6.80 7.14 7.50 7.87
7.44 7.81 8.20 8.61
6.80 7.14 7.50 7.87
V
6.97
10.33
10.19
7.89
7.72
7.51
7.89
9.58
8.91
7.89
8.91
8.26
8.91
9.26
7.89
9.58
8.91
8.07
8.26
9.04
8.26
D
30