HomeMy WebLinkAboutResolution 6072 N.C.S. 07/06/1972 . .
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RESOLUTION APPROVING ANT) RATIFYING MEMORANDUM
.6E UNDERSTANDING' EXECUTED BY. THE CITY MANAGER
WITH THE AMERICAN FEDERATION bF STATE , COUNTY
AND MUNICIPAL EMPLOYEES .(ENIT 2)
INTRODUCED BY COUNCILMAN _ _ 1-"C4 -A--/"-rA At WiNPW lot :._ r
An Adjourned Meeting of
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the City Council of the City'of Petaluma on the 6th day of July 19 72
PYTYPAPYPVYY. 7
WHEREAS , the City Management has concluded extensive
meetings and conferring sessions with AFSCME, Local 956, with
respect to terms and conditions of employment of the union'
local membership ' Unit 2) ; and
WHEREAS, the City Manager has executed a Memorandum
of Understanding with the officers of Local 956 ; and further,
he has recommended that Council ratify the said Memorandum of
Understanding to be. effective July 1, 1972;
NOW, THEREFORE , BE IT RESOLVED that the Memorandum of
Understanding, executed, by the City Manager and the officers
of Local 956 , AFSCME, being the same as hereby ratified and
'approved, and the terms and conditions of the said Memorandum
of Understanding, shall be effective July 1, 1972 .
under the power-and authority conferred upon this Council by the'Charter of'said City.
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COUNCILMEN
1 VOTE
i Ayes 'Noes Absent
Seconded by . --A'?" '`<x- -`:-# - L.-.----- (- ./1-.14,t4 02
.
Councilman Robert A. Brunner. ..r/ ,
1 thereby certify that ,the 'foregoing.. resolution was duly an'd
regularly introduced and adopted by,the Council of the City of John W. Cavanagh, Jr.
Petaluirm,:on„the '6th (45:y of July 19 72 by ./
" Richard W. Clecak
the following vote: .// , az, - ; - -
(SEAL) ..-Cc- ---1-L---,P12-• a 7.4.4-92-2-/
I/
Robert E. Daly .1-
"
Mayor of the City of Petaluma Fred V. Mattei
— CH--
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William A. Perry, Jr. V.
/1-52., . 4,
Attestr- -- c-t "-- " , 4 --A4t!"-Z,1:-.---C.L.L./..-,{_77 1
(-/ \ citY clerk [ Mayor Helen Putnam 7 .
(Lf-c in.t.,,,,iti_ ---2)• (-2 /2 y 2) -7
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PREAMBLE
This AGREEMENT entered into by the CITY. OF PETALUMA, hereinafter
referred to as the City , and the Imerican: Feder-ation o£ State , County
and Municipal -Employees , District Council 96y, Local 956 , AFL-CIO,
hereinafter referred to as the Union. The parties hereto desire to
confirm and maintain the spirit of cooperation which has existed
between the City and its employees . The Union and the City will
strive to promote a harmonious relationship between all parties to this
agreement that will result in benefits to the CitV ' s operations and
its employees , and provide continuous and uninterrupted services .
Both parties agree to the establishment of an equitable and
peaceful procedure foc the resolution of differences ; and the establish-,
ment of rates of pay , hours of work and other terms and conditions of
employment.
RECOGNITION
DESCRIPTION OF UNIT
For the purpose of meeting and conferring with respect to wages ,
hours , and conditions of employment, the City to the extent permitted
by law, recogjnizes the Union as the representative for all employees
who are employed in and assigned to the following job classifications
which in the aggregate constitute the City ' s work unit number two ,
Maintenance :
Park Foreman
Park Leadman
Park Maintenance Man
Groundsman Gardener
Water Foreman
Pump & Filter Plant Operator
PUrhp Operator
Water Leadman
Meter Repair-man/Storekeeper
Meter Reader
Water Maintenance Man
Electrical and Mechanical Maintenance Man
Eg.utpment Mechanic
Public Works Foreman
Public. Works Leadman
Sweeper Operator.
Sewer Plant Operator A
Sewer Plant Operator 5
Head Custodian
Custodian
Maintenance Man •
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DEFINITIONS
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 DESCRIP-
TION OF UNIT .
• The term "temporary" shall mean any individual or individuals
whose employment is limited in duration .
The term "full-time employee" shall mean an employee whose
normal schedule of work is forty (40 ) hours per calendar week .
The term "part-time employee" shall mean an employee whose normal
schedule of work is less than twenty (20) hours per calendar week.
"Calendar Day" means the twenty-four (24 ) consecutive hour period
beginning at midnight , and ending at midnight the following day .
"Calendar Work Week" means work week shall be considered as
beginning at 12 midnight Sunday night and ending at 11 : 59 p .m. on
Friday night of the satire week .
"Normal Work Week" shall mean five (5) consecutive calendar days
beginning at midnight of the first shift day and ending five (5 ) con-
secutive days later at midnight .
"Seniority" means uninterrupted employment with the City be-
ginning with the latest date of hiring with the City and shall
inc.lud.e periods of City employment outside the unit , layoffs and
other periods of absence authorized by and consistent with this
agreement.
An employee is. a "probationary employee" for his first six ( 6)
months of ,employment . Periods of absence exceeding five. (5) working
days :s'hall not be counted towards completion of the probationary
period.
UNION SECURITY
It is the intent of this Article to provide for the regular
dues of union members to be deducted from their warrants insofar
as permitted by law . The City agrees to deduct dnd transmit to the
Union dues from all Union members within the foregoing units who
have signed At authorization card for such deductions in a form
agreed upon by the City and the Union .
The written authori.aation for union dues deduction shall remain
in frill force and effect, during the life of the current agreement
between the City and the Union unless cancelled in writing .
Upon written request of the Union the City shall change the
amount of dues deducted from Union members ' warrants .
The Union agrees to indemnify , defend and hold the City harm-
, less against any claims made of any nature whatsoever , end against
any suit instituted against the City arising from its check-off of
Union dues .
•
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DUES CHECKOFF
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 onemonth ' s current and periodic Union dues
based upon a uniform clues schedule from the pay of each employee
who voluntarily executes and delivers to the City the following
authorization form :
VOLUNTARY AUTHORIZATION FOR DEDUCTION
OF UNION DUES
Local 956 , AFSCME
Name Social Security No .
(type or print)
Department
I authorize the City to deduct from wages earned by me monthly
Union dues as certified to the City by the Secretary of the Union ,
and to remit the same to the Union at .such time and in such manner
as may be agreed upon between the City and the Union.
This authorization and direction shall remain in effect from
to and shall be for that
period of tine ; provided , however, that it shall not extent beyond
the term of this agreement . This authorization and direction shall
be automatically revoked upon my termination of employment with the
City .
Signature of Employee
Address of Employee
Date of Signing
Date. of Delivery to the City
•
A written list of the Officers of the Union and the Union
SteWards with the specifid areas they represent, shall be furnished
to the City . Nbtice of any changes of such. Union Officers or
Stewards shall be promptly forwarded to the City in writing .
The number of Union Stewards shall not exceed four. Any change
in the number of Stewards shall be made by written consent of both
parties .
Upon the request of the aggrieved employee , a Steward or. Union
Officer may i_nvestiage the specified grievance, provided it is in
his assigned work area , and assist in its presentation. he shall be
allowed reasonable time therefore during working hours without loss
of time or pay , subject to prior notification and approval of his
immediate supervisor and with the concurrence of the City Manager .
Upon request to the City Manager , a representative of the Inter-
national and/or Council 96 who will be presenting 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 .
During such visit the representatives may inspect any area rele-
vant to the grievance with the Union Steward or his designated repre-
sentative .
BULLETIN BOARDS
The City shall provide the Union with space on bulletin boards
in areas where the Union has employees it represents for the purpose
of posting Union notices . Such notices may be posted by the Steward,
although not limited to the following notices , they may include :
1 . Recreational and social event of the Union
2 . Union meetings
3 . Union elections , appointments
4 . Results of Union elections
In the event a dispute arises concerning the appropriateness
and the amount of material posted , the Steward of the Union will
he advised by the. City Manager of the nature of the dispute and the
notices will be removed froiii the bulletin boards until the dispute is
resolved ,
GENERAL PROVISIONS
NON-DISCRIMINATION
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 Union or encourage membership
in any other Union .
The Union„ in turn, recognizes .its responsibility as
employee. representatiVe and agrees to represent all employees
without 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 Union shall share equally with
the City the responsibility for applying this provision of
the Agreement.
NO-INTERFERENCE AND NO-LOCKOUT GUARANTEE
The Union and its officials will not, directly or in-
directly , take part in any action against or any interference
with the operations of the City during the term of this
Agreement.
The City shall not conduct a lockout of its employees
during the term of this Agreement.
SPECIAL CONFERENCES
At the request of either the Union or the City , confer-
ences shall be held for the purpose of considering matters
of mutual interest, other than grievances under considera-
tion in the grievance procedure, provided that mutually
acceptable arrangements as to time and place can be made .
All such conferences shall be arranged through the Steward
of the Union, or his designated representative , and a desig-
"nated representative of the City Manager. Representatives
Of the. Union., not to exceed two (2) , shall not suffer loss
of time or pay when absent from their normal schedule of
work for the purpose of attending a conference . Conferences
may be attended by representatives of the International and
Council 96 . Benefit plan review and proper Classification
assignment will be appropriate subjects for Conferences .
1
It is Understood that any matters discussed, or any action
taken pursuant to such conferences , shall in no way change
or alter any of the provisions of the Agreement, or the
rights of either the City or the Union under the terms of the
Agreement.
GRIEVANCE PROCEDURE
PURPOSE
The grievance procedure shall be used to process and
resolve grievances arising out of the interpretation applica-
tion, 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 provide for an orderly
procedure for reviewing and resolving grievances promptly.
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 command up to and
including his division head. Presentation of this grievance
shall be made within ten (10) working days of the incident
causing the grievance .
If the grievance is not adjusted to the satisfaction
of the 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 his designated
representative to the Department Head with a copy thereof
to the Personnel Officer within the next ten (10) working days .
In every case the grievance must be signed by the employee .
The Department Head 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 employee within five (5) working days after
the meeting in writing.
If the grievance is not adjusted then , the Personnel
Officer shall meet with the employee and/or his designated repre-
sentative within five (5) working days of the receipt of the
written grievance and shall deliver his answer to the employee
within five (5) working days after the meeting in writing.
If the grievance: is still not adjusted , or if the parties
fail to agree on the adjustment of the grievance , a request
may be made in writing by either party to the Personnel
Board to settle the grievance. Such ;request must be made
five ('S1 working days After the Department Head' s or the
Personnel Officer'ra response is given to the grievance .
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 shall limit its decision to the scope ,
application and interpretation of this agreement.
At any step in the grievance procedure , the employee
may at his election be permitted to have a Shop Steward or
other Union representative present to assist him in the
presentation of his. grievance. The Union may designate the
Shop Steward and shall notify the Department Head and the
City Manager of the appointment. Should an employee elect
to present a grievance in person and without participation
of any Union Officer or Shop Steward, this is expressly allow-
ed. No grievance, appeal shall be considered at any level
unless filed in the appeal periods provided in this article .
DISCIPLINE
The City should not discharge or take other disciplinary
action without just cause... If the City has reason to repri-
mand an employee , it should be done in a manner that will
not embarrass the employee.
REIMBURSEMENT FOR LOSS OF BENEFITS
In the event an employee is disciplined or discharged
and an appeal is made as provided in the grievance procedures ,
and such appeal results in a decision favorable to the
employee , he shall be reimbursed for loss of pay or fringe
benefits , as recommended by the Personnel Board.
WORK SCIHEDULES
MEAL PERIODS
All employees shall be granted a lunch period for each
work shift which shall 'be scheduled, as nearly as possible ,
to be taken at the middle of the shift. This lunch period
shall be without pay and shall consist of thirty (30) minutes .
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The employer shall furnish a meal -to those employees who are
requested and who do work two (2) hours beyond his normal
quitting time and have not been granted a meal period.
REST PERIOD
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. Conse-
quently, it may not be used to cover an employee ' s late
arrival to work or early departure, to extend the lunch
period , nor may it be regarded as cumulative if not taken.
CLASSIFICATIONS AND WAGES
WAGE SCHEDULE
Wages shall be .paid in accordance with the wage schedule
set forth in this agreement.
The pay grade assigned to each existing classification
and the pay grade assigned to each new or changed classi-
fication shall remain in effect during the term of this
agreement unlea the job content of a classification is
substantially changed.
NEW OR CHANGED CLASSIFICATIONS
In the event a new classification is established, the
City shall assign it to an existing pay grade based upon the
work to be performed and after comparison with other classi-
fications .
The City shall provide the Union with a written classi-
fication description of the new or. changed classification
which shall describe the content sufficiently to identify
the classification.
Upon receipt of the City' s description , the Chief Steward
of the Union, or, his designated representative , shall be
afforded an opportunity to discuss the new r;_[ changed u
i:at cn and assignment to the pay grade with the City Manager
or his . representative . If 'the Union 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 Union.
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•
CALLBACK PAY
An employee who is Called tack to work after having com-
pleted his regular shift and left the City premises shall
receive a minimum. of two (2) hours work or two (2) hours pay.
at the overtime rate. To the extent an employee is paid
overtime premium pursuant to the overtime schedule listed
above , he shall not be paid overtime premium under the call
back section for the same time worked.
STAND-BY PAY
A minimum compensation of five (5) hours at the employee 's
straight time hourly rate for each weekend stand by from
4 : 30 Friday to 8 : 00 a.m. Monday, plus an additional allow-
ance of pay for actual hours spent on a job when called
out while on stand-by at the overtime rate of time and one-
half; with a minimum of one hour at that rate for every call
or assignment shall be paid by the City. For the purposes
of this agreement , stand-by shall, mean time which an employee
must be available on a call basis outside his normal work
week in order to be available to respond to emergency calls .
HOLIDAY STAND-BY
For any Holiday that falls in the five (5) day work
week a minimum of three (3) hours straight time pay will be
granted to employee on stand-by.
RATES OF PAY ON TRANSFER
When an employee is promoted, he shall be paid the hourly
rate next higher to his own within the pay grade for the
classification to which he was promoted.
When an employee is transferred from one classification
to another classification in the same pay grade , his hourly
rate shall remain the same .
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 Blass to which he was transferred
'equals or exceeds his salary . Such transfer may be departmental
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or inter-departmental , and may be made by appointment from
an employment list, temporary appointment, voluntary demo-
tion , reclassification of position., or reorganization of
department, and, shall be in accord with the personnel rules
and regulations . The provision of this rule do not apply
in cases of disciplinary demotion, or demotion in lieu of
layoff.
LOSS'. OF SENIORITY
STATEMENT OF PRINCIPLES OF SENIORITY
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 off. 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 shift assignments , the City will give consideration
to the preference of employees and to seniority; provided,
however that final responsibility and authority in job assign-
ments , the determination of qualifications , and the method
of determining the qualifications for any job, shall remain
vested in the City.
LOSS OF SENIORITY
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 return by certified
or registered mail or by telegram addressed to the
employee at his last known address on file with the
City Personnel Office
e . Absence from work for three (3 ) consecutive working
days without notifying the City, except when the
failure to notify and work is due to circumstances
beyond the control of employee . After such unex-
cused absence , 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 .
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SENIORITY LIST
The City shall prepare and maintain a seniority list which
shall show the names , classification title , department , and
seniority date of all- employees . The Union (Local 956 ) shall
be given two copies of the list within thirty (30) calendar
days after the date of this agreement, and thereafter a
current list every six months .
A seniority list , including the same information , shall
be maintained for each department. This list shall be avail-
able for inspection by the employee or his steward.
These lists shall be deemed correct as to an employee ' s
seniority date unless the employee , or the steward for the
employee, .notifies the City to the contrary in writing within
five (5) days after a list is given to the Union.
PROBATIONARY EMPLOYEES
An employee is a probationary employee for his first six
months of employment. Periods of absence exceeding 5 work-
ing days shall not be counted toward completion of the pro-
bationary period.
No matter concerning the discipline, lay off or ter-
mination of a probationary employee shall be subject to the
grievance procedure .
TEMPORARY APPOINTMENTS
It shall be the policy of the employer to avoid tem-
porary appointments whenever possible , unless failure to
do so will seriously hamper the success of City program.
Under such circumstances and when sufficient time may not
be taken to fill a permanent position through the normal
procedure , a temporary appointment may be made . Employees
recewuin • temporary appointments shall be required to
qualify by the normal selection procedures to become a
probationary employee. in that class within sixty (60) days .
LAYOFF AND RECALL PROCEDURES
LAYOFF PROCEDURE
When employees are to be laid off , the following shall
be the order of layoff :
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a. Temporaryemployees in the affected dlassification
shall be ren`oved first
b. Probationary employees in an affected classification
shall be removed next
c . The employee. with the least seniority in an affected
classification or department shall be removed pro-
vided 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 de-
partment who have the ability to perform the work
available.
RECALL PROCEDURE
An employee who has been laid off or transferred as a
result of a reduction of the working force shall be re-
called to work in reverse order in which he was laid off or
transferred , conditioned upon his ability to perform the
work available .
When employees are returned to work after layoff, em-
ployees shall be 'recalled in reverse order in which the,
employees were laid off. The employer shall send by regis-
tered 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 mail-
ing. Failure to return after notice shall be grounds for
discharge and total loss of seniority .
PROMOTIONS
SHIFT CHANGES WITHIN A WORK SECTION
The City Manager may authorize a change for an employee
from one position to another in the same or comparable class
of work where the same general type of qualifications are
required for entrance to such a position.
TRANSFERS
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.
Request for transfer from one department or work section
to another department or work section having a different
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jurisdiction or different function shall be filed with the
Personnel Officer, and shall be done only with the consent of
both department heads involved, unless such a transfer is
ordered by the City Manager for purposes of economy or effi-
ciency.
Any person transferred to a different position shall possess
the minimum qualifications for that position.
PROMOTIONS
Except for those positions not requiring written examinations ,
promotions in the City service shall be based on a competi-
tive examination and records of efficiency , character , conduct
or other generally accepted qualifications deemed necessary or
reliable in obtaining a passing grade . The City will give
significant consideration to the performance of the employees ,
seniority', 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 .
Whenever practical , vacancies shall be filled by promo-
tion. The rules covering promotional examination shall be the
same as those governing original entrance examinations .
NOTICE OF EXAMINATlONS
Notice of examinations shall be printed and shall be posted
on the official bulletin boards of the City and may be adver-
tised by any other means chosen by the Personnel Officer.
Public notice shall be posted at least fifteen (15) days prior
to the final filing date , and shall contain the following infor-
mation:
a. The title and rate of pay for the 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 minimum passing score.
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3n ad'dition '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 Union for those
positions in the work unit which they represent.
AVOIDANCE OF TEMPORARY HIRING
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 the failure to make appointments to such
positions would seriously hamper the success of the City pro-
gram. Under such circumstances and when sufficient time may
not be taken to fill a permanent position through the normal
procedure , a temporary appointment may be made .
TEMPORARY ASSIGNMENTS AND TRANSFERS
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 ireceive either his permanent salary or
the salary of the temporary position, whichever is greater
whenever the assignment exceeds thirty (30) days . The City
Manager may approve. extension of the temporary assignment
for an additional ninety (90) days . Jr, no event shall the
assignment of temporary duties exceed a period of six (6)
Months in any given fiscal year. These temporary assign-
ments used in leave of absence situations shall not be used
to avoid promotions . Employees receiving temporary appoint-
ments will be required to meet the minimum qualifications
for the position in which they were appointed on a temporary
basis .
An employee who has been promoted but does not success-
fully pass his promotional probationary period of six (6)
months , shall be reinstated to the position which he held
prior to the promotion.
Upon an employee request within a one (1) month period
following a promotion , he shall be returned to a regular
job opening in the classifcation from which he was promoted ,
at the pay rate from which he was promoted from, but in no
event shall he be held in' the promotional position over one
(1) month fallowing his request for reinstatement in the
lower position.. Upon reinstatement to the former position ,
the employee ' s name will be removed from the promotional
eligibility list.
An employee who has been trap"sferred 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 subsequent transfer or promotion during the six month
period following his transfer or promotion.
•
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If the employee has filed more than: one request for trans-
fer , only the most recent of his requests will be considered
by the City for making a transfer . Such transfers will be
considered only if the employee possesses the minimum quali-
fications for the position.
Employees who have successfully passed an examination
for a higher position, and have been certified for the higher
position, will be deemed to qualify for positions with lesser
qualifications and may be certified to the lessed positions ,
provided no lists exist for the lesser positions .
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.
SICK LEAVE
ELIGIBILITY
An. employee shall be eligible to receive sick leave in
accordance with the provisions of this Article when he is
unable to work because of a disability resulting from per-
sonal sickness or injury , except no sick leave shall be
payable for any injury or absence which results or occurs
as follows :
1 . Intentionally self-inflicted;
2 . Participating in any criminal act ;
3 . Participating in a riot;
4 . Working for an employer other than the City.
Neither shall any sick leave be payable (1) during a
vacation except; when hospitalized or equivalent confinement ,
or (2) during a layoff, leave of absence , or disciplinary
layoff.
All hours of sick leave accrued and all hours of absence ,
whether or not paid, shall be recorded and , to the extent
necessary to implement this Article , available or an indi-
vidual basis to the employee and/or the Union.
ACCRUAL
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 mote sick leave in any year than
provided . Sick leave may be accrued up to a maximum of one
hundred twenty (120) working days.
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Sick leave shall, continue to accrue while an employee
is on vacation, on sick leave , or oh job-connected injury
leave .
No employee shall be eligible for sick leave before it
accrues .
Employees serving their probationary period , with the
approval of the City Manager , may take up to one day sick
leave with pay for each month worked.
MINIMUM SICK LEAVE CHARGEABLE
For the purpose of charging sick leave , the minimum sick
leave chargeable will be one working hour .
BEREAVEMENT LEAVE
In the event of the death of an: employee ' s spouse , mother ,
step-mother, mother-in-law, father, step-father , father-in-law,
brother, sister, or child, including an adopted child , an
employee who attends the funeral shall be granted time off
work with pay. The amount of time off work with ' pay shall
be only that which is required to attend the funeral and make
necessary funeral arrangements , but in no event shall it
exceed three (3) working days. This three (3) days shall -
not be chargeable to sick leave. An additional two (2) days
required for necessary funeral arrangements may be charged
to the employee ' s sick leave , any additional time beyond
these two days may be charged to accumulated vacation, accumu-
lated compensatory time or leave without pay .
SICK LEAVE, GENERAL
On taking sick 'leave time , the employee must notify
his department head either prior to., or within two (2) hours
after the time set for beginning his daily duties .
Sick leave shall not be considered as a right which an
employee may use at his discretion , but a privilege which
shall be allowed only in case of necessity and actual sick-
ness or disability .
When an employee is absent for more than three (3) con-
secutive days , the City Manager or Personnel Officer may
require a doctor ' s certificate for such sick leave absence .
If an employee has not recovered by the time he has
exhausted his accumulated sick leave , the City Manager ,
upon receipt of such request in writing, may grant him leave
of absence net to exceed the time limitations of Article
Upon the expiration of a leave of absence quoted under
Paragraph , the employee shall be returned to the same
class or position or to any position to which he had been
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eligible% to transfer at the time his leave of absence was
granted., provided he furnishes -medical certification of
ability to perform the position 'fer which he is eligible .
The City Manager may revoke pay and sick leave time
if the employee is not in fact sick, or if he has engaged
in private or other public work while on such leave . Abuse
of sick leave as stated above is sufficient grounds for
dismissal.
No penalties shall be imposed on employees for taking
justifiable sick leave .
INDUSTRIAL INJURY LEAVE
Benefits shall be payable in situations where
employee absence is due to industrial injury as provided in
California State Workmen' s 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. seven (7) calendar days of absence
for industrial disability , employees will be compensated at
their full rate Of pay without deduction from sick leave
unless they are hospitalized. Absences resulting in immediate
hospitalization or absences continuing beyond the seventh
day shall be charged against the employee at the rate of one-
half day for each day of absence credited or compensated
by State Compensation Insurance, provided the City receives
all compensation paid by State Compensation Insurance. The
injured employee :may choose to receive State Compensation
payments only , without City payment for salary at no loss
of sick leave . Sick leave for industrial injury shall not
be allowed for a. disability resulting from sickness , self-
inflicted injury or willful misconduct.
DETERMINATION OF INDUSTRIAL DISABILITY LEAVE
Except as otherwise limited by this Article , 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 lost from work because of the dis-
ability , times the employee ' s hourly rate at the time the
injury occurs .
NOTICE AND PROOF OF INDUSTRIAL DISABILITY
No industrial disability leave shall be permitted unless
the employeers superintendnet 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
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current work day, except when the failure to notify is due
to circumstances beyond the control of the employee. The
injured employee must complete a notice of injury form within
the time limits stated.
In all cases on returning to work an employee claiming,
or having received , industrial disability leave must certify
on a form provided by the City as follows :
1 . The nature of the industrial disability which pre-
vented him from working , including time , dates ,
and circumstances , and whether or not under the
care of the City' s physician.
2 . The amount of- time lost from work in hours because
of the disability.
3 . The name of the individual to whom notification of
the accident was given or the reason notice was not
given.
4 . A release from an approved State Comp physician
stating that the employee has recovered and is
capable of returning to work .
In the event that facts and circumstances indicate that
the employee may not be eligible for industrial disability
leave as claimed, evidence of industrial disability may be
requested such as a physician ' s statement of the industrial
disability.
Arbitrary failure or refusal to follow accepted medical
practice in treating a disability shall be reason for dis-
continuing or withholding industrial disability income .
HOLIDAYS
For the transaction of municipal business for the City ,
holidays for all full-time employees shall be determined by
resolution of the City Council . The resolution estab-
lishing these ten (10) holidays shall be passed annually
during. the month of January each year and shall establish
the holidays for the coming calendar year. In the event
the Council shall not adopt a resolution during the month
of January of each year establishing holidays , then and in
that event, holidays for all full-time employees shall be
as determined by State Law.
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.
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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 :
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 cor-
rected in time for him to meet his employment obligation .
An employee required to work a paid holiday shall re-
ceive , in addition to the eight hours holiday pay, further
compensation of either one and one-half days off or pay at
the overtime rate for the actual holiday worked-
VACATIONS
The purpos'--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 leave with pay except the follow-
, ing:
a. Full-time employees who have served less than 12
months in the service of the City ; however , vaca-
tion credits for the time shall be granted to each
such employee who later receives permanent employ-
ment.
b. Employees who work on a temporary basis and all
part-time employees who work less than 1 ,040 hours
per year.
All permanent employees of this un-it after serving at
least one full year are entitled to the equivalent of ten
(10) working days of vacation with pay in the next succeed-
ng' 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 en-
titled to fifteen (15) working days of vacation with pay per
year. If an employee wishes to take more than fifteen (15)
consecutive working days of vacation, he shall have the
prior approval of his department head and the City Manager.
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
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requirements of the service are such that an employee can-
not take part or all of his annual vacation in a particular
calendar year , such vacation shall be taken during the
following calendar year.
VACATIONS - GENERAL PROVISIONS
Except as provided above , an employee shall not accrue
any paid vacation time during any leave of absence without
pay or during any calendar month in which he is absent without
pay for fifteen (15) or more work days.
Paid vacation time accrues and is recorded at the end of
each calendar month of employment .
No employee shall accrue paid vacation time in excess
of two (2) years vacation leave.
HOLIDAYS WITHIN VACATIONS
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 accordingly.
ELIGIBILITY
No employee shall be eligible for ,paid vacation time or
receive pay in lieu of vacation time before it accrues .
PAY IN LIEU OF VACATION TIME
An employee will receive pay in lieu of paid vacation
time (i .e. , without taking actual time off from work) only
under the following circumstances :
a. Retirement; or
b. Start of a leave of absence without pay for more
than 90, days ; or
O. Resignation requested by the City ; or
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 heir or heirs will be paid.
Pay in lieu of vacation time shall be at the employee ' s
hourly rate times the number of hours of accrued vacation
time .
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SCHEDULING OF PAID VACATION TIME'
Paid vacation time shall be requested in advance by
employees in accordance with procedures established by the
City, except that when extraordinary circumstance occur
beyond the control of the employee„ the employee may be
permitted to reschedule his vacation at a time mutually
agreed upon.
SHIFT EMPLOYEES
The first day off shall be considered as a Saturday for
irregular shift employees for the purpose of computing va-
cations and compehsation for such employees . Any questions
relative to interpretation of this section shall be resolved
by the City Manager whose determination shall be final .
ALLOWABLE COMPENSATION WHILE ON DUTY AS JUROR
Every classified City 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 absent himself from
his 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 be-
tween his full salary and any payment received by him, ex-
cepting travel pay , for such duty.
For the purposes of this article , time served as a juror
or as a witness compelled to appear on behalf of the City
under subpoena for irregular shift employees shall consti-
tute time worked . It is the intent of this paragraph to
allow an employee compelled by law to appear as a juror or
witness to compute that time as a portion of his 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.
ANNUAL MILITARY DUTY
An employee may be absent on military leave as authorized
in Section 395 through 395 . 8 of th/ie Military and Veterans
Code of California. The employee shall furnish to the City
Manager satisfactory proof of his Orders to report for duty
and of his actual service pursuant to such orders . Employ-
ees with less than one (1) year City service shall take
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such leave without compensation from the City or as pro-
vided in the Military and Veterans Code,. Armed Forces
reserve or national guard base pay shall be offset against
such pay.
If an employee receives vacation pay during a period of
training or service, he shall not be eligible for the
military leave provided by this article for that period
of time for which he receives vacation pay .
OTHER LEAVES OF ABSENCE
MEDICAL
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 fur-
nishing 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 con-
templates a short term leave which is agreed to be a period
of one calendar month or less .
For continuing diability, extended leave of absence
without nay 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 opinion that leave of
absence is warranted for medical reason and that his prog-
nosis is that the employee will be physically fit to 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.
PERSONAL
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 for additional
periods , but in no case shall a leave and extensions exceed
six (6) months . A leave for personal reasons as herein
provided may not be used to extend or compound a leave of
absence granted under any other provision of this agreement.
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UNION
An employee who is elected or appointed to office or who
is selected for regular employment with the Union (Local
956) , the District Council, or the International Union, upon
written request of the President of the Union , may be granted
a leave of absence without pay for not more than three (3 )
months . Upon written request of the President of the Union ,
the leave may be extended for additional periods , but in no
case shall a leave and extensions exceed six (6) months .
UNION - EXCUSED ABSENCE
An employee who is elected or selected by the Union,
upon the written .request of the President of the Union, may
be granted an excused absence without pay for a period not to
exceed five (5) days per year to attend conferences or con-
ventions . Not more, than one employee will be granted an
excused absence at any one time..
METHOD OF REQUESTING LEAVES OF ABSENCE
An employee who desires a leave of absence from work
without pay shall file a written request with the Department
Head on forms, provided by the Personnel Department , stating
the title of his position, the beginning and ending dates of
the requested leave and a full statement of the reasons for
such request. The Department Head may grant or deny such
leave for a period not to exceed three work days . Request
for additional leave must be submitted in the same manner
to the City Manager..
RETURN TO ACTIVE EMPLOYMENT
In order to be eligible to return to active employment ,
an 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.
The City , 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 employ-
ment.
GENERAL CONDITIONS
During a leave of abence , an employee will not accrue
vacation nor be eligible for any payments for time off work
as provided by this agreement.
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•
Subject to and consistent with the Group Health and Life
Insurance Plan, coverage may be continued during a leave
of absence without pay provided direct payment of the total
premium is made by "the employee in a manner prescribed by
the. City.
During a leave of absence , both the City ' s and the
employee ' s contributions to .the Employees ' Retirement Plan
are discontinued and benefits do hot accrue , nor can they be
withdrawn , nor are they forfeited.
RETIREMENT PLAN
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 Employee Retirement
Law.
Each pay period all permanent and probationary employees
shall have deducted from his earnings a retirement contri-
bution at a percentage rate established by the Retirement
Law.
In the event of death or retirement , an employee who has
completed ten (l0) years or more with the City , he shall
receive fifty percent (50%) of his accumulated but unused
sick leave .
TERMINATION PAY
VACATION PAYMENT UPON TERMINATION
Upon termination , voluntary resignation , or retirement
from the City service , the employee shall receive a lump sum
payment for all accumulated but unused vacation time . Two
Week's advance notice in writing should be given to the City
of the termination date .
HOLIDAY AND COMPENSATORY TIME PAYMENT UPON SEPARATION FROM
CITY SERVICE
Employees separated from City service shall receive a
lump sum payment for all accumulated but unused compensatory
time granted in lieu of holidays and all other accumulated
compensatory time .
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COMPUTATION OF SEVERANCE ALLOWANCES
Compensation for vacation and holidays as described in
this Article shall be computed at the employee ' s hourly
rate on the effective date .of termination.
HEALTH AND LIFE. INSURANCE
During the term of, this Agreement , the City agrees to
renew the health plan with the County of Sonoma and pay
$17 . 02 per month as billed by the County. The City further
agrees that the health insurance coverage will provide for
dependent coverage .
During the time of this agreement, the City agrees to
provide , at no cost to the employee, life insurance coverage
in the principle amount of $2 , 000 per employee.
SAFETY
The City and the Union will cooperate in the continu-
ing objective of eliminating accidents and health hazards
and will work toward the establishment of a Safety Committee
involving employee and management participation. The City
shall continue to make reasonable provisions for the safety
and health of its employees during the hours of their em-
ployment.
•
21a
EMPLOYEE JOB TRAINING
During the life of this agreement, the City agrees to
develop an employee training program in order to prepare
employees within the bargaining unit to improve their skills ,
knowledge and experience to qualify for job opportunities
within the City.
SEVERABILITY CLAUSE
In the event that any portion of this agreement is de-
clared invalid by a court of competent jurisdiction , it shall
not effect the validity of any other portion of this agree-
ment not invalidated . Any portion held invalid shall be re-
negotiated so as to effectuate the purposes and intent of
the invalid portion if legally possible.
NEGOTIATIONS
The Union agrees to submit its demands for the year
1973-74 , no later than April 1 , 1973 . The City agrees that
it will commence negotiations no later than April 15 , 1973 .
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TERM OF AGREEMENT
This agreement is subject to the approval of the City
Council of the City of -Petaluma.
The terms , benefit arid conditions of employment granted
this unit are governed solely by this memorandum of agree-
ment.
The term of this agreement shall commence on July 1 ,
1972 and continue until June 30 , 1973 and from year to year
thereafter unless the parties desire to change , alter , amend
or terminate this agreement , in which event a written notice
shall be served by either party ninety {90) days prior to
June 30 , 1973 , setting forth a desire to negotiate modifica-
tions or amendments to this agreement.
If such notice is given by either party, the party re-
ceiving such notice may also during ensuing negotiations
present changes in the agreement desired by said party.
Negotiations upon the modifications or amendments shall
be conducted promptly at a time and place mutually agreeable
to both parties and shall continue through said period in an
effort to reach agreement.
IN WITNESS THEREOF, the parties hereto have set their
hands and seals this (, day of P -t-c-.c :. , /j 7 ?'
CITY OF PETALUMA
BY i /.<< c74/;\:7
AMERICAN FEDERATION OF STATE
COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 956 , AFL-CIO
BY .!
BY ://(! _ y
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