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HomeMy WebLinkAboutResolution 91-185 07/01/1991Resolution No.91-185 N.C.S. of the City of Petaluma, California RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY OF PETALUMA AND THE CITY OF PETALUMA EMPLOYEES' ASSOCIATION FOR EMPLOYEES IN UNIT 2 (MAINTENANCE) WHEREAS, the City, through its duly authorized representatives, and the City of Petaluma Employees' Association, through its duly authorized representatives, have concluded their mutual obligation to meet and confer in good faith with respect to terms and conditions of Meyers-Milias-Brown Act and the City's Employer -Employee Relations Rules and Regulations ( Resolution No. 5512 N . C . S .) ; and WHEREAS, the duly authorized representatives of the City and the City of Petaluma Employees' Association have executed a Memorandum of Understanding pursuant to Section 15, Resolution No. 5512 N.C.S. and recommend its approval by the City Council; and, WHEREAS the City Manager, pursuant to Section 28, City of Petaluma City Charter, and as the City's Municipal Employees' Relations Officer ( Resolution No. 5374 N . C . S .) is required and empowered to make a recommendation to the City Council on matters related to employees' compensation, and WHEREAS, the City Manager has reviewed and concurs with said Memorandum of Understanding for Unit 2 and does recommend that the City Council ratify said Memorandum of. Understanding. NOW, THEREFORE, BE IT RESOLVED that said Memorandum of Understanding, being in the best interest of the City, is ratified and the terms and conditions of said Memorandum of Understanding (as attached) shall be effective July 1, 1991, through June 30, 1994. During this period the City of Petaluma will be making contributions to the retirement plan on behalf of the employees, however, the employees may not opt to receive this contribution in cash. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) ( meeting form on the ..1st ................. day of ........... sWY....................................... , 19..91, by the -t -;( -)e- following vote: ......................................... City Attorney AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss NOES: 0 ABSENT: Sobel ATTEST: .. .................:....... '..........---...... --- ......--.... . City Clerk 6 Mayor Council File .................................... CA 10-85 Res. No. .....9.1_.1.8.5.... ... N.0 s TABLE OF CONTENTS PREAMBLE, GENERAL Section 1 Recognition Section 2 Definitions Section 3 Severability Section 4 Non -Discrimination ASSOCIATION MATTERS Section 5 Association Security Section 6 Dues: Checkoff Section 7, Stewards and Representatives Section 8 Bulletin .;Boards Section 9 Excused Absence Section 10 Association/ City Meetings COMPENSATION Section 11 Wages . Section 12 Overtime Section 13 Call-back Pay Section 14 Stand-by Pay Section 15 Rates of Pay on Permanent Transfer to New Classification Section 16 Temporary Work Out of Classification Section 17 Payment for Missed Meals Section 18 Termination . Pay Section 19 Retirement Contribution Section 20 Smoking Cessation Plan Section 21 Work Boots Section 22 Compensatory Time Payment INSURANCE Section 23 Health Insurance Section 24 Life Insurance Section 25 Dental Insurance Section 26 Long -Term Disability Insurance Section 27 Vision Insurance LEAVES Section 28 Vacation Section.; 29 Sick Leave Section 301 Bereavement Leave Section 31 Holidays Section 32 Industrial Injury Leave Section 33 Leaves of. Absence Without Pay Section 34 Annual Military Duty Section 35 Jury Duty Section 36 Meal and Rest Periods Section 37 Compensatory Time Off Section 38 Bonus Holiday 91-125 - i - -j TABLE OF CONTENTS PROCED'URE'S ■ Section 39 New or Changed Classifications Section 40 Seniority. _ Section. 41 Promotions Section 42 Temporary Appointments Section., 4�3 Transfers Between, Sections Section 44 Probationary, Employees, Section 45 Layoff and Recall Procedures OTHER Section 46 Retirement Plan ■ Section 47 'Discipline Section 48 Grievance Procedure Section 49 Employee -Job Training - Section 50 Safety committee 1 1 1 i . - ii -. PREAMBLE This, AGREEMENT entered into by the CITY OF PETALUMA, hereinafter referred to as the City, and THE CITY, OF PETALUMA EMPLOYEES ASSOCIATION, hereinafter referred to as the Association. The parties -hereto desire to confirm and maintain the spirit of cooperation which has existed between the City and its employees. The Association and the City will strive to promote a harmonious relationship between all parties to this agreement that will result in benefits to the .City's operations and its employees, and provide continuous and uninterrupted services. 0 Both parties agree * to the establishment of an equitable * and peaceful procedure, for the resolution of differences; and the establishment of rates of pay, hours of work and other terms and conditions of employment. The use of the masculine or feminine gender in this Agreement shall be construed as including both genders and not as sex limitations. - 1 - �..■ �■ .� 1. we line■■ I Nis ■ i■in1u will ------- --- — -- --- SECTION 1 RECOGNITION For the purpose of meeting and conferring with respect to wages, hours, and conditions of employment,. the City to the extent permitted by law, recognizes the Association as the representative for all employees who are employed in and assigned, to the job classifications which in the aggregate constitute the City's work ' Unit Number-. Two , (2) (Maintenance) . SECTION 2 DEFINITIONS 1. The terms "employee" 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 individual or individuals whose employment is limited in duration. 3. The term "full-time. employee" shall mean an employee whose normal schedule of work is forty (40) hours per calendar week. 4. The term "part-time employee" shall mean an employee whose normal schedule of work is less than twenty (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 consecutive` -day. Beginning at 0001 day 1 and continuing until 2400 168 .hours later. 7. "Normal work week" . means any five (5) consecutive calendar days within a calendar work week. 8. "Seniority" means 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 exclude periods of layoff and leaves of absence, except medical, in excess of 30 consecutive days, including the first 30 days, of such absence. 9. An employee is a ."probationary employee" for 'his first six ,(6) months of employment. Periods of. absence exceeding five (5) working days shall not be counted towards completion of the probationary period. SECTION 3 SEVERABILITY CLAUSE 1. In the event that any portion ,of this agreement is declared invalid by a court of compgtent jurisdiction, it shall not effect the validity of any other portion of this agreement not invalidated. Any portion held invalui .shall be re -negotiated so as to effectuate the purposes and intent of' the invalid portion if legally possible: - 3 - NEGOTIATIONS, 2. Negotiation Period: The Association will submit in writing to. the City not less than ninety (90) . -days: prior -to'the expi±ation, date 'of this AgreemiBnt any proposed, modifications to this Agreement for the -sub'secrueht: Fiscal Year. The, parties;, will commence meeting and, Conferring' not less .than:seventy-five, (75) days prior- t6the expiration date, of this Agreement -And' will endeavor, to% reach -an: agreement, in a written Memorandum of' Understanding for submis ion to the City Council for its det:erminaii6m, 'prior to the adoption by the City of its Final. Budget for the, subseq uent Fiscal Year. TERM OF AGREEMENT 3. This. 4greemeht'iS-,.subject to the .approval of the. City',Q6undi.of the City of Petaluma. 4,. The tekma, benefit and conditions of employment granted, this unit- are governed solely by this memorandum of - agroem6nt., 5.. :The berms of thig Agreement shall commence on, July 1, 1991, and continue until the expiration, date of June 10, 15,94, and from' year to year. thereafter -unlessi written 'notice, is given by one 'party to the other setting forth a desire to neg&tiate=diffaitioris to this Agreement as set forth in Sectdon 3,. Paragraph,'2. ,6.,. If such notice -is - given, by either party, the, party -"re ceiving ' such .,notice may also, during -'ensuing negotiations present changesin the agreement desired by said party. 7. Negotiations upon the, modc- ations or Amendments, shall be - conducted, promp#y at a time And place mutually agr'e'eiabk.. to both parties and shall hiill-continue through said period -in an effort to reach agreement. NO INTERFERENCE AND NO'LOCKO'UT GUARANTEE 8. The Assodation andits officials will not, directly or indirectly, -take part ih any action agaih$t or., any interferenc.e_. with the operations of the City during` the term -of this Agreement.. 9 The City shall not .conduct a. lockout of its employedsduiing,the term of . this,- Agreement. SECTION 4 i N.OX-_DIS C. RIMINATION 1. the City will not interfere with or discriminate in any way :against any -'employee by reasqn,of'-bjs-ze xbershipin, or aCtiViactivityrequired'required'by this Agreement, nor will the City discourage mem-bership, in the Association or encourage membership y b ship in an !other, Association. - 2'o The, Association:, in.�turnl,recognizes es its as,employee representative and aqpees,-to� . represent all -employees -.without' - 4 - discrimination, interference, restraints, or coercion. The terms of this;..Agreement shall be applied equally to all employees, without discrimination as to age, sex,. marital. status, religion, race, color, creed national origin, or political affiliation: The Association shall share, equally, with the City the responsibility for applying this provision of the Agreement. 0 5 ■ 1 ■ 1 �1 1 ■ 1 P •f, N M-AT TERS ASS;O CIATIO: .S>ECTION 5 ASSOCIATION SECURITY 1. It is the -: intent of this Article to provide for the regular dues of Association members to be, deducted . from, their warrants insofar as permitted by law. The City agrees to deduct and transmit to the Association, dues from all Association members within the foregoing unit who have signed an authorization card for such deductions in a form agreed upon by the City and the Association. However, the City assumes no responsibility either to the employee or to the Association, for any failure to make or for any errors - made in making such deductions. 2. The written authorization for Association dues deduction shall remain in full force and effect, : during the life of the current agreement between the City and the Association unless cancelled in writing. 3. Upon written request of the Association. the City shall change the amount of dues deducted from Association members' warrants. 4.- The Association., agrees to indemnify, defend and hold the City harmless against any claims made of any nature whatsoever, and against any suit instituted against the City arising from' its check -off of Association dues. SECTION 6 D:U.ES CHECKOFF 1. During the life of this Agreement, and to. the extent the laws of the State of California °permit, and as provided in this Article, the City will deduct one month's current and periodic 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 AUTHORIZATION FOR DEDUCTION OF ASSOCIATION DUES FOR THE CITY OF PETALUMA EMPLOYEES ASSOCIATION Name Social Security No.. (type or print) Division and Department: 2 e I authorize the,. City, to deduct from wages earned by me monthly A ssociatio r. dues 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. - 7 - 3. This authorization and dirpcticini shall remain in effect from ain to and shall- be. --for that period' of time;. provided, however, that' it shall not extend beyond. the term,,of, this'.agreement. Thii atith --drizdtion and direction -shall be automatically revoked upon pon my termination of employment with the City. Signature of gmployee Addrbss of, Employee Date of Signing Date' of Delivery to the City 4. The .following certitication form shall be used by the Association when certifying` membership dues,: CERTIFICATION OF SEC'-9ETXRY-TREASLU'RtR OF THE ASSOCIATION 5. 1 certify that the membership dues .for employees in the unit is per Signature Date, (Secretary -Treasurer of -the Association). Date of, 'Delivery to the City 6. Payroll deductions shall be 'made in equal, amounts from each. regiilar. pay - check, provided" however, the initial deduction for employees shall. not begin. unless: 1. A properly executed. I0Vdluntary Authorization 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 reasurer -of the Association has been, delivered to theCity at, a place designated by 'the City at least: ten -(10) calendar days prior to the last day of the pay period. 7. Changes in the amount of the, monthly membership dues must be delivered to the City at a place designated. by the City at least thirty (30) calendar days prior to the last pay. day of the calendar month prior to the change becoming effective. 8. An ,employee. may revoke his "Voluntary Authorization for Deduction of Association Dues", only .as provided by the terms of his Voluntary Authori- zation. 9. All sums deducted by the City shall be remitted to the Secretary -Treasurer of the Association at an address given to the City by. the Association, by the tenth (10th) calendar .day following the .pay period, when the deductions were made, together with a list of names and the amount deducted for each employee for whom a, deduction was made. The City will also notify the Association of the name of each employee w;ho revokes his "Voluntary Authorization for Deduction of Association Dues". SECTION 7 STEWARD'S AND REPRESENTATIVES 1. The City recognizes .and agrees to deal with the accredited Association Stewards and Representatives of the Association in all matters, relating to grievances and the interpretation of this Agreement. 2. A written, list of the Officers of the Association and the Association Stewards with the specific areas they represent, shall be furnished to the City. Notice of any changes of such Association Offices or Stewards, shall be promptly forwarded to the City in writing. 3. The number of Association Stewards shall not- exceed three. Any change in the number of Stewards shall be made by written consent of both parties. 4. Upon the request of the aggrieved ,employee,, a Steward or Association Officer may investigate the. specified -grievance, provided it is in his assigned work area, and assist in its presentation. A reasonable amount of paid time shall be afforded the Steward or Association. Officer while -investigating such grievance. In presenting such grievance to the City the Steward or Association Officer shall be allowed reasonable time, off during regular working hours without loss of pay, subject to prior notification. of his immediate Supervisor and with the concurrence of the City Manager,, 5. Upon request to the' City Manager, a representative of the Petaluma Employees Association who will be ,representing the employee in the grievance procedure, may visit. work areas at a time mutually agreeable to both parties for' the purpose of preparing the case. Such visitation rights shall be limited to a. reasonable amount of time and shall not interfere with normal work operations. 6. 'During such visit the representatives may inspect any area relevant to the grievance with the Association Steward or ' his designated representative. SECTION' TION' 8 BULLETIN B4O,A:,RDS 1. The City shall provide the Association with space on 'bulletin boards in areas where the Association, has employees" it represents for the purpose of o8ting Association. ftcrd�q:es. such notices may be. posted p by the -Steward, although riot limited to the following wtices' they 'may include: A. ke6reational and social event of the Association. 2. A-spociation. meetings. 3-.- Association ele&ions, appointments. 4., Results of Associatibn'elections. 2. . In the event a4ispute Arises, concerning the appr -opriateness and/or amount of material .posted;, the Steward 'of the Association will bie'advised by the City Manager :of the nature of, te the •dispuan d the disputed material wijl be removed from the bulletin I boards until the dispute is resolved. . SECTION , N 9 EXCUSED A,BSENCE 1. An, employee- who is elected or selected by the Assodation,* 'upon the written,'requestof the Secretary -Treasurer of the Association, may be ,granted an excused absence without pay for a, p er2od not to exceed five, (5) days. per., .,year to attend, conferences -or. conventions,. - Not more than 6 y rfe employee will be granted' .an excused 'cibsence at 'any one time. SECTION 10 ASSOCIATION/CITY M'EtTINGS" 1. At the request of either `the Association or the. City, conferences ,shall be held for the, purpose of considering matters of mutualinterest,. other', than mutually acceptable, arrangements as to time, and place .can be' made.. All, such conberericeis shall, be- arranged through the Steward of ­thb. Association i .or his, designated representative, - and a designated representative. tatWe, of the City �Manager... Representatives, of the Association, not.to­ex op �y deda two (2) :shall not ;suffer loss of time Or their normal ifrom. ,pay When absent. f schedulp- of work- f3Dr th6.13iurpose of attending- -a conference. Conferences may be, attended''by representatives of Petaluma Employees Association. Benefit..plan review arid- proper classification assighmeht- will be appropY a6e subjects• for conferences. 2., It is understood that any matters discussed, or any action taken pursuant. to --such do nbamnces,. . shall in no way change or albeirany-, of the: provisions -of the Agreement, or the rights, of either the City or the Assoaiatibn under the ',terms. of -'the Agreement. SECTION 11 WAGES 1.- Wages shall .be paid in accordance °with the wage schedule set forth, below.. 2. The pay 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 classification- is substantially. changed. A. EFFECTIVE JULY 1, 19911 CLASSIFICATION I TI III IV Custodian '10.00 10.50 11.03 11 .58' 12i16 Electrical Maintenance Worker 11 .14.03 14.73" 115.46 16.24 Electrical Mairitenance.Worker 1, 11.39 11.95 12.55 13.18 .17.05 13.84 Equipment Maintenance Lead Worker 15.62 16, 40' 17,22 18.08 18.99 Equipmnt,,Mechanic 14.55 15.27- 16.04 16.84 17.6-9 -Equipbeft Service Worker 11.53 12.11 12. 71 13.35 14..02 .Facilities Maintenande.Worker 13.55 14.22 14..93 15,68 16.47 Maintenance Worker III Db6ks,/Bridcres -12.34 12.96, 13.61 14.29 15.00 Parks Maintenance,Foreworker 14.32 1-5 5.03 1.5.78 16,:57 17.40 Parks Maintenance.Lead Worker h 13.31 13.98,- 14.68 15.41 16.18- Parks MaintenAnce.Workdr 111 12.34 12.96 13.61 14.29 15.00 Parks Maintenance: Worker 1-1 11.76 .123 1 .5 12. 97, '13.62 - 14.'-.3 0 Par' ks.Maintenance-.Worker 1 -9.63 16-.11 10.62 11.15 11. 70 Street Maintenance'Leader Worker, '13.31 13-98 14.6 - 8 15'. 41 16.18 Street Maintenance Worker -III 12.34 12,96 13.61 14-.29 115.,00 Street Maintdnaftce�Wbrker 11 11.76 12,35 12. 97 13.'62, 14.30 Stre;et Maintenance, Worker 1 9.63 10'11 .10.62 11.15 11.70 Supervising, Custodian . 11. 75 12.;34:% 12'. 96 13.I60 14 , 28, Utility'Service Lead Wbrke'r 13.31 13.58 14A8 15..41 16.18 Utility Service Worker 111 12.34 12.', ..96 13.61 14.29 1 '5.00 Utility Service Worker=,II 11.76 - 1 - 2, 35'"­ 12.-91 13.62 14.30 Utility Service Worker 1 9-.63 10.62'. 11.15 11. 70 Water, Service .,Re Representative , present 12.29 12.90 13.55 14'.2'3 14.94 Water Service Worker 12.34 110-96 13.61 .14.29 15-00 Wate-t-System.0perator 13.13 13.78 14.47 15.20 15.96 Water Utdiities-Technician 13.-08 13.73: 14. 42 * 15.14 15.89 8. Wages -for Fiscal Year. 1992/93 shall be adjusted W the Consumer PriceIndex (All.Urban--San Francisco) based on the February/FebruaryL is Index. Ifthe CPI Index. is between Ct% and,6AV the wages shall be adjusted at the . 'indicated rate If the-ratels over 6.% the wages shall be adjusted 1/2%.for each full. 1% (i.e. 6..25%,CPI # 6%L wage 7.,0% CPI =-6,5% wage) . If the CPI falls 'below 4% wages shall be reduced by. 1/2% for each'fu,11. 1% drop- (i.e., 3.7% CPI =4% wages, A CPI = 1.5% wages). C. Wages for Fiscal Year 1992/93'and 1993/94 shall be- calculated, in the-follcyii-P.q manner. A. tqiiity,base4 on, theJ98 - 9 Study, wi 1 /3remaining equity effective July 1, , 1992, plus .7% and 2/3 remaining equity effective July 1, 1993 plus ..7%. D. Salary X (Equity + .7%-+ CPI) will be the fornallA 'used .'to calCtilatJB the -new salary ranges. 12 SECTION 12 OVERTIME OVERTIME PREMIUM 1. All hours worked in excess of eight (8) 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 regular straight time hourly rate of pay. Overtime shall not be pyramided or compounded. REST PERIODS DURING OVERTIME WORK 2. 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 period before starting work on the next shift. In addition., they shall be granted the regular rest period unless an emergency ' situation occurs or exists. REQUIRED OVERTIME 3. If an employee is required to work more than five consecutive hours without a meal period during a regular work shim, 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) hours until such time as the employee receives a meal period SCHEDULING OVERTIME . 4. In 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 5. • Overtime - shalt be . distributed as equitably as possible, without favoritism, and in the best interests of the. City, among the 'members of . the department who are qua]ifled to perform and who have demonstrated the ability to perform overtime services effiriently. HOLIDAY .OVERTIME- 6. An employee required to work a .paid holiday, shall receive, in addition to the eight- hours holiday 'pay, further compensation at the overtime rate for the actual holiday worked. SECTION 13 CALL BACK PAY 1. An employee who is called back to work after having completed his regular shift and left the City premises shall receive a minimum of two - 13 - (2) hours, work or two (2:�)' hours pay, at the overtime rate. To the ek-tent an employee .is paid overtime premium pursuant to the, overtime .. schedule lisbed above, he shall not bepaid. overtime premium under the .call back section for the same time worked. This paragraph shall. not ,in apply to��em employees who, called * early,. for a shift, i.e,.,'plo- are when- they work continously from, th,e'time they are .,called in until t1feir regular ,shift begins SECTION 14 STAND. -BY PAY STANDBY DEFINED, 1. Weekend.stand-by, hoit the purposes of this Agreement,, Shall mean time, which a scheduled,'0-mployee must be available on an on. 6aU basis outsLdd__* the employee's normal. work week , in order to � be. dyAfia respond to emergency calls .. WEEKEND STANDBY 2. Effective July, 1, 1988 a minimum', compensation of $90:.00 pay ay for each ,weekend, of stand-by from 4:30 p.im. the last day of he normal work week,, to 8:00 a..m,. the - b6giffining of.. the normal work 'week., HOLIDAY 'STAND-BY 3. For a - City designated,, fixed -date. holiday that fall-s in the five (5) day work. week, a minimum of '$45.00 pay will be paid by, the City. to an PA e�!Cployee,.on such. holiday stand-by, beginning, at 4t.301 pi,,mf. Or the end. .of. regular work period d and,c-ontinWhg 'to 81:00'a.m. of thenext regular work day. or weekend,. CALL BACK WITHIN A WEEKEND/HOLIDAY- (STANDBY) 4,. A minimum of one hour at, time .and one-half shall be paid by the City fx)r every ,call or assignment required. StCtION.15 RATES OF PAY ON PERMANENT TRAN,S..FER TO -A NEW CLASSIFICATION 1. When:an diblibyed is. promoted., he'-zha.31 be � paid the hourly rate bekt hiqjhr�-- to I hisown within the pay grade for the classifation,.too which he was promotedo 2-. When.. an employee is transferred from one classi ' ficatdon to another classification in - the , same pay grade, 'his hourly rate shallremain the same. - 14-- 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 inter -departmental, and may be made by appointment from an employment list, temporary appointment, reclassification of position, or reorganization of department, and shall be in accord with the 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. Effective July 1., 1987' when a person is involuntarily assigned to a lower. classification , he, shall receive the lower rate of pay,, effective the first day assigned to that classification. SECTION 16 TEMPORARY WORK OUT OF CLASSIFICATION 1. An employee .holding - a classified 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 the next higher step inr the classiScation to which he is assigned or a 5% increase, whichever is greater. . SECTION 17 PAYMENT FOR -MISSED MEALS 1. The City shall pay $6.00 to an employee who is requested and who does . work two (2), hours beyond the employee's normal quitting time and has been prevented from eating a meal after such quitting time. .SECTION 18 TERMINATION PAY VACATION PAYMENTS UPON TERMINATION 1. Upon termination, voluntary resignation, or retirement after one full year of continuous' .servi,oe '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 SEPARATION FROM CITY SERVICE 2. Empipyees, separated from City service shall receive a lump sum payment 5-r all accumulated but unused compensatory time granted in lieu of holidays and, all other accumulated compensatory time. -15 - RETIREMENT SICK LEAVE PAYOUT 3. In 'the event of death or retirement, an employee who has completed ten (10) years or more wth'the City shall receive fifty° percent (50) of his accumulated but unused sick- leave, not to exceed sixty (;60; days. i COMPUTATION OF SEVERANCE ALLOWANCES 4. ' Compensation for vacation, suck leave .and holidays as described in this Article, shall .be. computyed at the einplbyee's hourly rate on the effective date of termination. SECTION 19 RE.TIREMEN.T. CO;NT"RIBUTION . The- .City agrees. to payment of the employees' Public Employees' Retirement - system in the amount of 6%. The, City also agrees to defer the taxes on the remaining employee,. contzibution . SECTION 20- ■ SMOKING CESSATION PLAN r- ■ The. City agrees to -provide any member of the Unit 'up to $50.00 for : completion of a smoking cessation program,,. upon- . receipt of a certificate of completion. SECTION 21 ■_ WORK 15:0.0TS The City shall pay $50.00 per Fiscal Year for work, boots, upon receipt being provided to `the Personnel Office. If the boots cost 'less tham. $50.00 the City shall pay the amount of, the invoice: SECTION 22 CQMPEN.SA.TO.RRY TIME P°AYMEN'T All accumulated compensation time as of .April 30, but ,for forty hours, will be paid tor the= employee by the City. -15a - SECTION 23 HEALTH INS:URAN'CE 1. Active: ,Employees City of Petaluma Group Medical -Hospital Insurance Program. T he City- shall 'provide ' for a group medical hospital, insurance coverage program for- City employees in this, unit. The City -shall pay diiriing the period 'of` this memorandum the following amounts for. health .plans: Kaiser, Health Plan of the `Redwoods; and the County of- Sonoma Health Plan . Begining July, 1, 1991' the employee contribution to the health plans shall be as follows: Kaiser , H P R Sonoma Employe $ - $ - $ 28.61 Employee,;+ 1 $ - $ - $ 48.43 Employee + .2 $ - $ 12.00 $ 63 .'94 Beginning July 1, 1992 the employee contribution, to `the. health plans shall be as follows: Kaiser- H P R Sonoma Employee $ - $ - $ 28.61 Employee + 1- $' - , $ - $ -48.43 Employee + 2 $: 12.00 $ 12.00 $ 63.54 Beginning July .1, 1993 the employee, contribution to: the health. plans shall be as 'follows:. Kaiser H P R Sonoma Employee $ - $ - $ 28.61 Employee. + 1 $ 15..00 $ 10.00 $ 48.43 Employee +. 2 $ 15.00 $ 15.00 $ 63:94 2. Retired Employees .Beginning. July 1,, 1993 employees with twenty, years .of service who . retire, aftier -July 1,, 1991 shall receive a cash contribution' from the City in -.the amount of $100.00 per month. This contribution shall remain in effect until the death. of the employee. SECTION 24 LIFE IN S U R A N;C E 1. The City shall provide. for a group, term, life insurance program fbr City employees in this unit: The City shall pay,,, duning the course .of the. Memorandum of Understanding, the insurance, 'premium towards employee only coverage for -such insurance in the principle sum of $15:,.000 per employee. 17� I SECTION 25. DENTAL .INSU-RANCE 1. The City shall provide for a group: Delta Dental Insurance Program for City employees and dependents in; this unit;. Additionally, the City shall contribute toward an Orthodonture plan .$1,000 per child at a 50% co -payment rate. The City shall pay,, during the period of, this Memorandum the full.premium toward the City group dental insurance coverage program. SECTION 26 LONG-TERM DISABILITY 1. The City shall provide for a long-term .disability plan. The premium shall be paid for by the City. SECTION 27 VISION INSURANCE 1. The City shall provide a Vision Plan for employee and dependents. The premium shall be paid' for by the City. - 18 - LEAVES SECTION 28' VACATIONS GENERAL 1. The purpose of annual vacation leave is to .enable each eligible full-time employee annually to return to his work .mentally refreshed. All employees in this unit shall be entitled to annual vacation with pay except the following : a. Full-time employees who have served less than 12 months in the service of the City;" however, vacation credits for the 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 1,040 hours per 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 unit, after five (5) years of continuous service" with the City and commencing with the sixth year, shall -be entitled to ftbeen (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 -tic a maximum of 20 days. vacation. If an employee wishes to take more than twenty .(20) consecutive working days of vacation, he shall have the• prior ;approval of his department head and the City Manager. 3. The .time during the calendar year which an employee may take his vacation shall *be determined by the department head with due respect for the wishes of the employee 'and particular regard for the needs .of the, .service. If the requirements of the service are such that an employee cannot take part or all of tus annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year.. VACATIONS - ACCRUAL 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 whichhe is absent without pay for Bibeen (15) or more working days.. 5 . ' Paid vacation time accrues and is recorded at the end of each calendar month of employment. 6. No employee shall accrue paid .vacation time in excess of two (2) years vacatidn leave. The City shall .provide a print out to the Association showing the vacation .balances in November and May of each Fiscal Year. ELIGIBILITY 7. No employee, shall be eligible fbr paid vacation time or receive pay in lieu of vacation time befx)re .it accrues. 20 - t f PAY IN LIEU OF VACATION TIME 8. An employee willreceive; pay in lieu of paid vacation time (i.e., without taking actual time off from -work)' only under the following circu.mstances;: a. Retirement; or : b. Start of A.'leave• of absence without: pay for more ":than 90 .days; or C. Resignationrequested by the City; or d. Resignation, the Union shall .advise its members -that 'two (2) calendar weeks advance written notice should be given to the, City. e. -Death, in which case an heirs or heirs will; be paid, 9, Pay in lieu. of :vacation, shall:. be au t the employee's 'hourly. rate times the _ number of hours of accrued vacation. time. SCRED U`LIN'G OF PAID VACATION TIME 10. Paid vacation time shall . be, requested • in advance by employees ,gin accordarice with procedures established 'by the City.,. except that when extraordinary "circumstances occur beyond the control;rof the. _employee, the, employee may 'be permitted to reschedule his vacation at a time mutually agreed, upon . .11. The. first -day, off ,shall be considered as a Saturday for irregular shift employees for, the' purpose of computiri'g vacations and; compensation for, such employees. Any -questions 'relative to interppretation of this section. shalt be resolved by the City Manager - whose determination shall be final. HOLIDAYS WITHIN VACATIONS 12. In the event that one or more of the municipal holidays observed on the specific day- falls within an annual vacation leave; .such holiday shall not be charged as vacation leave, and the vacation, leave shall be extended according. SECTION 29 SICK LEAVE i ELIGIBILITY 1. Sick leave with pay ..shall, be granted to all Unit 2 employees as set forth 'in this ;section. _Sick leave is not a .right which an employee: may use at `his discretion but rather, shall be used only in case. of . ,personal illness, disability or,the, serious illness or injury of. an employee's, family, member which requires the employee's attention: T.he term, family .members .shall include: spouse, children:, parents, spouse's parents, brothers,,, sisters, or other' individuals whose. ¢relationship to . the employee- is that of: a - dependent or near -dependent, except no sack . leave shall be payable for, any injury, or absence which results or occurs as follows: 1. Intentionally self=inflicted; .2 . Participating in. .any criminal act; 3. Participating 'in a riot; 4 - Working ,for an employer other than the City. 2. - Neither shall any sick leave be, payable (1) during a vacation except when hospitslized or equivalent confinement, or (2) during a layoff, leave of absence, or disciplinary layoff. 3. All hours of sick leave accrued and all hours of absence, whether or not paid, shall be recorded. To the extent necessary to implement this Section, 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 at .the rate of one day for each month of continuous service. No employee shall accumulate more sick leave in any 'year than provided. 5. Sick leave shall continue to accrue while an employee is on vacation, on sick leave, or on job -connected injury leave. 6. No employee shall be eligible for sick leave before it accrues. 7. Employees serving their probationary period,, with the. approval of the City Manager, may take 'up to one day sick leave with pay fbr each month worked. Employees hired -on . or before the 14th. of a, calendar month shall be credited with one day of sick leave at the- end of that month. Employees hired on or after the 15th of the calendar month shall not be credited with any sick leave for "that calendar month. MINIMUM SICK. LEAVE CHARGEABLE B . For the purpose of charging sick leave, the, minimum sick leave chargeable will be one working hour: SICK LEAVE, GENERAL 9. On taking sick leave time, the employee must notify .his department head either prior to, or, within thirty minutes after the time set fior beginning his daily duties. If an employee's duties begin before the switchboard is in operation, -.he must notify the department not later than 8 : 30 a.m. 10. Sick leave shall not be considered asa right which an employee may use at his discretion, but a privilege which shall be allowed only in case of necessity and actual sickness or disability. 11. When, an employee is absent for more, than three (3) consecutive days, the ',City Manager or ' Personnel Officer may require a doctor's cert5cate. for such sick leave" absence. Upon review of an employee's Sick Leave Record, and where there appears to `be' a pattern of abuse, the Supervisor shall notify the 22 employee and. -the ;Association Representative in order to discuss the sick leave usage. The Supervisor will have the option to' immediately require a Doctor's Certificate for any future absences: This would constitute a Verbal Warning. 'If the abuse still continues, the - Supervisor may initiate_. a suspension and/or dismissal -action, through the procedure' outlined in the Personnel Rules and 'Regulations. 12. If an employee has not recovered by .the time he has exhausted `,his accumulated sick leave, the City •Manager, upon .rec-elpt of ;such request in writing, may grant him leave of.:absence not to exceed the time ]imitations 'Of Section 30. 13. Upon the expiration of aL leave of, absence quoted under Section 230, the employee shall -be returnedto the same, class- or- PO or. to 'any position to which -he had been. eligible to transfer at the time his leave of .absence' was :granted, provided he furnishes medical cer-tiEication of ability, to perform the position for which heis eligible, 14. The'. City Manager may revoke pay and sick leave time if the employee -is "not, in fact sick, or if he has engaged in private or other ,public :work while on such leave':. .Abuse of -sick leave as stated above is suf5cient grounds for dismissal. 15. No penalties shall be imposed on employees for taking . justztiable sick leave -to, which the employee is eligible. S�E.0 TIO N 30• BEREAVEMENT LEAVES' 1. In -the event of the death of an employee's spouse, mother; grandparent, step -mother,; mother-in-law,, father,. step -father, father=in-law, 'brother, sister, brother-in-law, sister -in-laws 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 .attiend .,the funeral and, r make- necessary funeral arrangements, but in no, event shall.it exceed, three. (3) working days. These three_ - .(3) days shall not be chargeable to sick leave.. An. ad'ditsonal two '(2) days: required. :for necessary, funeral arrangements may, be charged an the employee's sick ;leave., any additional tine beyond- these two days. may be, charged to accumulated oompensawry time or leave without pay SECTION 31t . HOLIDAYS' . 1. Authorized, City observed,. '-paid holidayss i A. The City will designate ' ' eleven (11) paid , , fixed_ -date 'holidays for employee§ in this unit. Such holidays. shall 'be established, for the City's fiscal year :as determined 'by the City Council Resolution. - 23 - -B. During the fiscal year of the Memorandum of Understanding, for those employees, -.hired on or.before July 1 of that Fiscal Year of the Memorandum of Understanding, the. City will authorize one (1) "Floating Holiday" per employee., which may be taken by the employee during that Fiscal Year at a time selected by the :employee, subject to operational requirements ,and approval as 'determined by the City. 2. The holiday shall be consecutive twenty-four (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 an employee on layoff or on any leave of absence, shall receive eight (8) hours pay at his hourly rate for the holiday, provided the employee meets the following eligibility_ requirements. 4. He works his last scheduled work day prior to, and his first scheduled work day following 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 satisfaction of 'the City Manager which cannot be corrected in time for him to meet hisemployment obligation. 5. 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: 1. Time charged to accrued. vacation allowance; or 2. Time off without pay SECTION 32 INDUSTRIAL INJURY LEAVE WORKERS' C'OMPENS'ATIO.N 1. Benefits shall be payable in situations where "employee absence is due to industrial- injury- as 'provided in California State `Workers' 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 absence for industrial disability,- the City will,pay employees an amount which when added to their Workers' Compensation benefit will equal their regular salary rate. This supplemental amount shall not. be, deducted from :they employees sick - leave benefit. In the case of absences beyond ten (10) working days, the employee shall be entitled tq 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 loss of sick leave. Sick leave for industrial injury shall not be.. allowed br 'a. disability resulting from sickness, self-inflicted injury or willful misconduct. - 24 - DETTERMINATION ,_b'F INDUSTRIAL DISABILITY LEAVE 2, Except as otherwise ;limited by this Section,, the .amount of industrial disability income available 'to an eligible employee shall be determined = by multiplying the number .of hours.,. not to exceed eight in. a calendar day. nor forty` in a calendar week, of time last from work ,because of - the disability,, times the employee's hourly rate at the` time the injury occurs. NOTICE AND. PROOF OF INDUSTRIAL DISABILITY 3. No industrial disability leave shall: be permitted unless .the employee's superintendent; is, notified, , -of the mature of the disability and the probably d-•�ratibn thereof ,as Soon as possible, but -,in no event']ater than the co-nclu -)n of the current work day, except when the. failure to notify is due to :-cumstances beyond the control of the; :employee,. T;he injured employee �imust- complete ,a notice of injury form within the time lints staged. 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: L The nature.lof the industrial disability which prevented ;him from working, including, time,; dates._,. 'and cixcumstances and whether 'or not under the care of the .City's physician.. 2.. 'The amount of time last from work in hours because of the ' disability. 3. The name: of -the individual to whom notificatibn •of the accident, was given or the reason notice was not given. 4.. A release 'from an approved ;Stag Comp physician stating that the employee has recovered and is capable of returning to work 5. In the event, that' facts and circumstances indicate that the employee may, not .,be-- eli,gi l le ' bor...industrial disability 'leave as claimed,,, evidence of industrial disability may be requested' such: as a physician's statement of the industrial disability. 6. ' Arbitrary failure or refusal to . fx)llow- accepted medical practice ;in treating a disability shall be reason for discontinuing or - withhaldincr industrial disability income. SECTION 33 LEAVES OF ABSENCE WIT,HO�UT PAY, METHOD' 'OF ;REQ;UESTING LEAVES OF ABSENCE 1. 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, thePersonnel Department, stating- the titleof his position, the. beginning . 25 - and ending dates of they requested leave and a full statement of the reasons ,for -such request. T.he..Department Head may grant or deny such leave for a period not to exceed three'work days. Request for additional have must be submitted in the -same manner to the City Manager. GENERAL CONDITIONS 2. During a leave of absence, an employee will not .accrue vacation nor be eligible for. any payments for time off work as provided by this agreement. 3. Subject to and consistent with the Group Health and Life Insurance Plan, coverage may be continued. during a Dave of absence without pay provided direct payment of the total premium is made by the employee in a manner prescribed by the City. 4. During .a leave of absence, both the City's and the employee's contributions to the Employees' Retirement Plan are discontinued and benefLts ao not accrue.; nor can they be withdrawn,- nor are they forfeited. PERSONAL LEAVE 5. An employee for ;personal reasons may be� granted a leave of absence without pay by the City' 'for a period not to exceed three (3) months. The leave may be extended fbr. additional periods, but in no case shall a leave and extensions exceed six (6) months. A leave for personal reasons as herein provided may- .note be used to extend or compound a leave of absence granted under any, -other provision of this agreement. MEDICAL LEAVE 6. An employee who (1) is unable to work because of non -industrial personal sickness or injury, or (2) has exhausted sick leave and vacation payments:, .may, be granted a leave of absence without pay upon request, in writing and the furnishing of satisfactory evidence of sickness or disability. The evidence of disability may be furnished by any person having .direct knowledge of the sickness or disability. The leave of absence available . pursuant 'to this paragraph contemplates a short. term leave which is agreed to be a period of one calendar month or less. 7.. 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 leave of absence without pay exceed 'one (1). year. The amount of extended leave of- absence granted pursuant' to- this paragraph shall be. dependent upon the employee's furnishing. satisfactory proof of disability, a showing of receiving continuing ` and : appropriate. medical' treatment, and the furnishing of a physician's opinion that leave of absence is warranted for medical° reason and that his prognosis is that the employee will be physically fit <ba perform his duties at the end of the requested leave of absence. • In . the event, the employee's physician's prognosis and report is. equivocal, the City may request its physician to submit his independent report. -26- 8. In order to be. eligible to return, tom. ;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. 9. TheCity, at its, option and without, cost to the -employee,, 'may require that a physician or physicians of its choosing examine the employee before returning him, to active employment. 'SECTION 34. ANNUAL MILITARY" DUTY _ 1. An employee may be absent on milit-ary''leave a! authorized in Section 395 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 tus 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 Military, 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 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. SECTION 35 ALLOWABLE- C,OMPENSATION WHILE. 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.. emplbyee''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 an any payment .received by the employee, excepting .travel pay, for such duty. However,, -such time = shall not be conside "red as time worked for purposes of Section: 12. 2. For the purposes of, this. Section, time served as a juror- .or as, a witness, compelled to appear on behalf of the City under subpoena; by anirregular' shift, employee- shall be paid, time not to exceed' the number ''of.. hour_ •s the employee would have. , worked, on such, day. However-,. such time shall not .be considered .as - time. ,.worked for purposes .of .Sectidn. lli. It is the intent �of this _Section ,to .allow' an employee compelled ,by law to appear as .a juror or mitness . t& compute that time as -a portion of the ,employee's work day so_ that Elie employee will not be, required to appear- in _court under service of process and also work a shift---- fbr the. City during one twenty-four. (.24) hour period. - 27 I. SECTION 3.6 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. 2. 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 may not be used: to cover an employee's late" arrival to work or early departure, to extend the meal period, nor may it be regarded as cumulative if not taken . SECTION 37 COMPENSATORY TIME OFF 1. Employees may receive, in lieu of being paid for overtime, compensatory time off. No employee may earn .more" than two. hundred forty (240) hours of Compensatory Time .Off per fiscal year. In addition, no employee may retain on the books more than two hundred forty hours of unused Compensatory Time at any given point during the fiscal year. Amounts submitted in excess of these limits shalt be paid 'at time and one-half. The employee may.take Compensatory Time Off up to maximum of five (5) days at a time selecbed by the employee, subject to the operational requirements -of .the City and with approval determined by the City. SECTION 38 BONUS HOLIDAY I The City. of Petaluma and: the Petaluma Employees" Association agree that for the term of this' Memorandum of Understanding, an employee who does not use any sick leave during the period between July 1, and June 30, will be awarded, one (1) bonus holiday during the .following Fiscal Year. - 28 - QROCSDURES 2 SECTION 39 NEW -OR _CHAN-GED CLASSIFICATIONS 1. In the event, a new classification. is established, the City shall assign it to a pay grade based -.upon the work to 'be performed after comparison with other classifi.catinns. 2. The City shall provide the Association with a written classification description of the new or changed classification which shall describe the content suffid ntly to identify the classification. 3.. Upon receipt of the City's description, the Chief Steward of the Association, or his designated represeritative, "shall be afforded an opportunity' to discuss the new or changed. classification and assignment to the pay grade with the City Manager :or ;his representative. If the Association does not request a meeting within -five (5) calendar days of the receipt of, the City's recommendation, it shall be deemed to be_ approved by the Association. SECTION 40 SENIORITY STATEMENT OF PRINCIPLES' OF SENIORITY 1. In the event of any reduction in the work force, the City will apply the principle of seniority, merit and ability being equal, and the last employee hired shall be the first laid oft. In rehiring, the last person laid off shall be the first rehired. -A complaint regarding compliance with this section shall be a subject for' grievance. In rehiring former employees 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 of employees * and! to seniority; provided, however, that final responsibility and authority in job assignments, the determination of qualiBmtions, and the method of determining the qualifications for any job, 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 afterr notice to return by certified or addressed to the employee at his last City Personnel Office within seven .(7) calendar days registered mail or by telegram known address on file with the 30 - e. Absence. ,from work for three (3)- consecutive .wo - .working days without notifying the City, except whe-ft the failure to. notify- and work- is due to, circumstances beyond control of employee. xfber suc h undxcused abseiride, the. City shall send written notice to the employee at his last known address that he has ,lost his - seniority, and -his employment has been terminated. SENIORITY LIST 4. The, City shall prepare and maintain a seniority Ust which shall show the names,, classification 'title, department, and seniority 'd date of - all em�ployees. -The Associatiqn (Petaluma E'rriployeeis Association), shall be given ,two- ,i:,,opies- �of. the list .within thirty - (30) calendar days after the date :of this Ag reement; and thereafter a- current Est every ;sixponths. 5. A seniority list, . indluoin g -the same information, shall' . bei maintained for T inspection by -the. each department. his list shall be available for employee or Ids, steward. 6. These listsshall be deemed correct as to an employe0s seniority. date unless, the employee, or thesteward - for the ern -lb p yee,,_ notifies the City to the contrary in* -writing within five (5) days after a list is given to.. the Association. SECTION 41 PROMOTIONS. PROMOTIONS ' 1. Except, *for. those -positions not requiring written examinations, -promotions in the City service shall.be-based on a competitive examination, and records of efficiency, character,. conduct or other generally accepted- (juahfi ��tipns :deemed necessary, or reliable in obtainin q a passing grade. 'The City will gi-Ve, significant- consideration to the, p6r6brmance, of the employees,seniority,, too perform the work,. se i physical fitness, and ability #y r 'p y Lists 'shall be- created and promotion..made therefrom. in the samemanner as prescribed. for original appcintments. 2. Whenever vacancies, practical, va - can shall be filled by proindton. The' rules ■ covering ame. as those promotional shall be the s governing.. ■ original, entrance examinations. NOTICE OF EXAMINATIONS .3.. Notice of examinations shall be printed and shall be posted on the official bulletin boards of the City, and may be advertised .`by any 'other means chosen by the " Personnel -'Of&-er.` Public notice shall be posted at' least five (5) days prior to* .:the final filing date, and shall, contain, the following information. a. The title rate of 'pay forthe position to be filled; b. .. Some typical duties to 'be performed.; C. Minimum qualifications required; 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 min3inum passing score. 4. In addition to the posting and any other- advertising that takes place for position as outlined in the above -paragraph, a copy of the notice will be sent to the -AssoaLation for those positions in the work unit which they represent. .5. Employees who have successfully passed an examination, for a higher position, and have been certifi d for the higher position, will be deemed to qualify for :positions with lesser qualiti -ati ns and may be. certified to the lesser positions,, -provided no lists exist for: the lesser positions. 6. In the event that, an, applicant accepts -a lower - classified position, he will be allowed to remain on the eligibility list for higher classification, until the: list is abolished. SECTION 42 TEMPORARY APPOINTMENTS 1. It shall be the policy of the employer to avoid temporary appointnents whenever possibbi,, unless failure to do so will seriously hamper the SUCCeSS Of City Under such circumstances and when sufficient time may not be taken to fill a permanent position through the normal procedure, :a:+-E� rary,I4tppoi.ntment may. be made. Eknployees receiving temporary appointments shall be required to, qualify by the normal selection procedures to become a probationary employee in that class within sixty'(60)-days. 2. 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 positions, unless thefailure to make appointments to:such of the positions would seriously hamper the success City Under such circumstances and when sufficient tize.may not be taken .to. fill .a permanent .position through the normal a temporary appointment may be made. SECTION 43 TRANSFERS -BETWEEN SECTIONS - SKEET, CHANGES WITHIN A-WOM bW1:-L%A4 0 1. The City Manzager may autlorize a change for, an employee from one -position to another -in the he same,or comparable class -of,work where the same general type of qualifications are required for entrance to such a position. - 32 - TRANSFERS Z. When an employee within, his- own classification and work -section wishes to _ change •from,one 'shift to another shift, he•shall file a request for - transfer identifying the,shift he is in and the one he,chooses to transfer to and file 'it with the Personnel Officer. 3. Request for transfer from one department or work section.to another department or -work section,having.a different jurisdiction or di-fferent. function shall be filed with ;the'Personnel Officer and shall .be done only .. with the consent of both department heads involved -less such :a transfer is ordered by the City Manager for purposes of economy or efficiency. 4. 'Any person,transfer"red to a different position shall possess: the minimum qualifications for .that position. b. 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 for a•subse'quent transfer or promotion during the sixmonth period following his transfer or Ij.L"►Lion.. " 6 If the employee has filed more than one request for transfer, only the most recent of his requests will,be considered•by.the.0 ty for making a transfer'. Such transfers will be considered only ifthe employee possesses the minimum qualifications for the position. _ SBCTION" 44 PROBATIONARY EMPLCYFES L An employee,is a probationary employee for his first six months of employ= _ ment in any classification. In the event of'apromotion of a permanent - employee to a higher 'classification, the .six month probationary period' in the higher classification will,be;reduoed by one day for each two -days ,the _ employee had worked in.temporary assignments,:in.that°:higher classifica- tion. Periods. of absence' exbeeding five ' • (.5) working •days shall not be - counted toward completion of the probationary period'. 2. No matter- concerning the discipline, lay off or termination of -a probationary employee shall, be subject to"the grievance procedure. I. An employee:wim has been promoted but does'not successfully pass his pro- motional probationary period -of six � CO.months, shall be reinstated:to' tr„ positicam which he held' pr or- to the promotion. ' 4. Upon an employee request within a, one (l) month period following a promotion, he-shall'be returned to a regular job opening in the classification fi m.wh ch.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 tr.o lower position.. Upon, reinstatement to the former position•, the employee I,; mane will 'be `frm ot�1 pional eligibility list. ' - 31- , SECTION 45 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 de.partment'shall be removed'provided that the City Manager may do otherwise in order to maintain a balanced department or work unit and to maintain employees in the classification or department who have the ability to perform the work available. 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 employe' es ability to perform the work available and that the period of such layoff or transfer has not exceeded one (1) year. 3.- -When employees are returned to work after layoff, employees shall be recalled in reverse order -in which the employees were laid off. The employer 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 retuin-after notice shall be grounds for discharge and total loss of seniority. J - 1'A tl� 3 SECTION 46 RETIREmEmr 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 System in accordance with and subject to the provisions of the State Ehplovee Retirement Law. 2. Each pay period, all permanent and probationary employees shall have deducted from their earnings a retirement contribution at a percentage rate established by the Retirement Law. 3.* The City will modify its contract with PERS to implement the following options: a: • Sick leave credit. b. Last year compensation. SECTION 47 DISCIPLINE 1. The City should not discharge or take other disciplinary action without just cause. If'the City has reason to reprimand an employee, it should be I one in a manner that will not embarrass the employee. 2. There are two types of corrective or'disciplinary action: informal and formal'. Informal Action: There are three types of .informal corrective action: an oral reprimand, written reprimand, and if necessary, a corrective interview. Wherea rule, -order, standard of conduct.or-performance. requirement has been violated, an oral or written reprimand may be appropriate. -The,_;supervisor should'make it clear that the conduct is unacceptable -and repetition is inappropriate: If necessary, warning should be given that stronger informal action will be taken in the future. Where oral or written reprimands have failed to correct a pattern of ,unacceptable behavior a. corrective interview, may be atv-L�r.iate. In a corrective interview.,• the supervisor confers privately with. .the employee regarding -the employees° per-formance and/or conduct, and together they develop a',plan, including -target dates, for correction of unacceptable job perfooniances.. This "plan" shall.be in writing and signed by both the employee.and supervisor. Together, these two informal types of -Action are both preventive and -corrective measures, intended to ....���L� a problem :situation without recourse to the severity -- and greater co*1exity -- of formal action. Formal Action: If the informal corrective measures, including written. reprimand, do not result 'in adherence to job performance requirements, - 36 - formal action"jay became necessary.. Formal. actions, are ;usually taken only after.a serious infraction of the rules, or after' repetitions of lesser infractions where the informal_ process has.:been unsuccessful. Formal action alternatives include: '(1) Suspension without pay for :not more than '240 work -hours,; (2) Reduction in salary;, . (3) Deftrotion to a lower job class; (4) Dismissal'. 1. REDMURSEMEN'T FOR LOSS OF .BENEFITS In the -event an employee.is disciplined or discharged and an, appeal is made as provided in'the Rules, of Appeal of the -Personnel Board inL the Rules and Regulations of..the City of. Petaluma.,.arid _-such appeal results in a decision favorable to the employee., he shall be reimbursed for loss of pay or fringebenefits, 'as reccnberided by the Personnel Board.., SECTION 48 'G IEVANCE'''P-ROCEDURE PURPOSE 1. The grievance procedure ;shall be used .to process and. resolve grievances arising out of the interpretation,- application; or. enforcement'of. the express terms of this agreement.. It is the purpose:of.'this, procedure to resolve grievances at the lowest -,possible level and to prow de,for. an orderly procedure for reViewing and- resolving grievances 1_.L"tvLly. 2.. An attempt shall; be made to `ascertain, all facts and adjust all grievances .on an informal basis between the employee and, if he desires:', his, designated representative and'a supervisor in the, employee,'s:chain of comnand'up::to' and including :his division head. Presentation of this, grievance shall be made within ten, (1Q) working days of'the incident,. causing the grievance. 3... If the:gr evanoe:snot. adjusted to the satisfaction of -thee employee involved.'within, °five, (5). working days after 'the presentation of -the, grievance, the grievance. shall be submitted in writing by=the-employee and/or 'tii:s designated representative to ttie. Deparfirn�rit •Head "with, a' copy thereof to`the Personnel Officer- within the. next ten (10)-working days: In every case . ;the gri evarice must- be.•' s igned by� the ' employee . The Department :Head .shall meet_ with the employee anti/or 'tiis designated representative within five (5) working days;of the.receipt�..of the written .y. grievance and' shall. deliver :his answer to the employee within five '(5) working days after the meeting in writing. 4 If the grievance is, not adjusted then;, the: Personnel. Office= `shall meet with'the-employee :and/or his designated representative, within five (5) working days of the; receipt. of the written grievance. and shall deliver his answer- to. 'the eployee within five • (5;) working days after, the meeting. in writing. 5. If the grievance is still not adjusted, ot.if the parties fail to agree on the adjustment of the grievance', a, request may be made.'in writing :by - 17 - either party to the Personnel. Board to settle the grievance., Such request must be made five (5) working days after the Department Head's or the Personnel Officer's response ,is given to the grievance. 6. The Personnel -Board's decision ishall 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 shall"limit its decision to the scope, application and interpretation of this agreement. 7. At any step in the grievance procedure, the.employee may at his election be.permitted to'have a Shop. Steward or other Association representative present to assisthim in the presentation of his grievance,. The Associa- tion may designate the Shop Steward and shall notify the Department Head and the City Manager.of the appointment. Should an employee elect to pre- sent 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. SECTION 49 EK:'I EE JOB TRA=G 1. Any training required by the City will be'subject to the Fair Labor Standards Act. Books and tuition will be paid -for by the employee. SECTION 50. SAFETY COMMITTEE Effective July 1, 1991.a Labor/Management Safety and Health Committee shall be established within Unit 2.' This Committee shall consist of one of the Association -under the,Public Works Director and one of the Association under the Parks and Recreation Director and two manbers of Management. The duties of the Labor/Management.Safety Committee shall be as outlined in the City of Petaluma's Injury and Illness Prevention Flwy,a.... The committee shall meet quarterly. - 38 - wwrw"""www ■ u'ow soklow h MEMORANDUM OF UNDERSTANDING Between THE CITY OF PETALUMA. And CITY OF PETALUMA EMPLOYEES' ASSOCIATION This document represents the.final and complete Agreement resulting fran the 1991/1994 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-Brawn Act. As a result, the parties have cane to a mutual understanding which -the representatives of the City,and Unit 2, who have the approval of their members, agree to recommend for acceptance and approval to the City Council of the'City of Petaluma. The parties affix their signatures as constituting mutual acceptance and recommendation of this Memorandum of Understanding to begone effective July 1, 1991, upon acceptance and approval of the.City Council. CITY OF PETALUMA R4MO=' ASSOCIATION CITY OF PETALUMA G- / 3�;- t9 i �I--185 - 39 - 'a ���