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2001-067 - Approving The Memorandum Of Understanding Between The Town Of Los Gatos And Afscme Local 101 For Fiscal Years 2001-2002 And 2002-2003 RESOLUTION 2001- 67 RESOLUTION OF THE TOWN DF LOS GATOS APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101 FOR FISCAL YEARS 2001-2002 AND 2002-2003 WHEREAS, representatives of the Town and AFSCME Local 101, in accordance with the Town's Employer-Employee Relations Resolution No. 1974-41, have islet and. conferred. in good faith within the scope of representation, and WFIEREAS, the members of AFSCME Local 101 Have ratified the proposed. 2D01-2003 Meinoraildum of Understanding, RESOLVED., by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Council approves the 2001-2003 Memorandum of Understanding between the Town of Los Gatos and AFSCME Local LO 1 as presented in Exl~i bit A, and the Town Manager is hereby author~~ized to sign the agreement on behalf of the Town. PASSED AND ADOPTED at a regular meeting of the Town. Council of the Town of Los Gatos, California, held on the 18`'' day of June, 2001 by the following vote: COUNCIL MEMBERS.: AYES: Randy Attaway, Sandy Decker, Steve Gliclanan, Mayor Joe Pirzynsk NAYS: None ABSENT: :Steven Blanton ABSTAIN: None SIGNED: M OR OF OWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LO GAlOS LOS GATOS, CALIFORNIA ~ ~ ~~ ~' o C. ~l miEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND ~ D AFSCME LOCAL 101, AFL-C1O, LOS GATOS CHAPTER THIS AGREEMENT, SIGNED ON , IS'ENTERED LNTO AS OF JUNE 24, .2001 BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER REFERRED TO AS THE "TOWN", AND AFSCME LOCAL 101, LOS GATOS CHAPTER, CORPORATION YARD UNIT, HEREINAFTER REFERRED TO AS "UNION". Pursuant to Town Resolution 1974-41 of the Town of Los Gatos and Section 3500 et. seq. of the Government Code., the duly authorized representatives of the Town and AFSCME, having met. and conferred in good faith concerning the ..issues of wages, hours, and terms and conditions of employment., as herein set forth, declare their .agreement to the provisions of this Memorandum of Understanding. FOR THE TOWN: FOR AFSCME: ,~ Debra Figone, Town Manager Ruben Galvan, .AFSCME Gary Rogers,. Human Resources Mgr Steve Regan., Public Works Suptd. Tim Boyer, .Acting Parks Suptd. Les White, Interim Parks & Public Works Director .Robert Moulders, AFSCME Eric glson, AFSCME. Bruce Smith., AFSCME Mike '.Ferrero, .Business Agent AFSCME Local 101 ~Oop~ TOWN OF LOS GATOS - AFSCME LOCAL 101 MOU TABLE OF CONTENTS Section Title Paae 1. Purpose ............................................... 1 2. Term ................................................. 1 3. Union Rights .................................. . ....... . 1 4. Savings Clause ......................................... 2 5. Union Membership and Payroll Deductions .......... . .. . ... . . 2 6. Management Rights .................... . ....... . ...... . . 3 7. Town Employer -Employee Relations Resolution .... . ......... 3 8. Equal Employment Opportunity ... , ....... , .. ....... . ...... 3 9. Non - Discrimination .... ...................... . ... ..... 3 10. Compensation .......................................... 4 11. Out-of-Classification Pay .... . . ............... . .. . ....... . . 4 12. Payroll Practices ................. . ..... . ...... . . ........ 4 13. PERS Benefits ......................................... 5 14. Insurance Programs and Rate of Town Contribution ............ 5 15. Family Medical Insurance Premiums . ...... . ................ 6 16. Cash Allocation Plan .................... . ... . ............ 6 17, Deferred Compensation ......... . .................. . . .... 6 18. Uniforms .....................,.......,.....,,......... 7 19. Mileage ............................................,.. 7 20. Work Schedule ......................................... 7 21. Overtime .............................................. 9 22. Call Back ............................................... 10 23. Standby ............................................... 11 24. Emergency Work ........................................ 11 25, Vacation Schedule ...................................... 12 26. Vacation Checks ........................................ 12 27. Vacation and Compensatory. Time Cash-out ...... . ........... 12 28. Sick'Leave ............................................. 12 29. Holidays .............................................. 14 30. Personal Leave ......................................... 14 31. Maternity Leave/Family Leave/Medical Leave .. .... . .......... 14 32. Catastrophic Time Bank ...... . ......................... . . 14 33. Bereavement Leave ..................................... 15 34. Military Leave .......................................... 15 35. Personal Emergency Leave ............................... 15 36. Jury''Duty .............................................. 15 37, LeavelNithoutPay ...................................... 15 38. Accrual of Benefits ...................................... 16 39. Notice of Vacancies ..................................... 16 40, Promotions ............................................ 16 41. Probationary Period .......... . .......................... 16 42. Outside Employment ........... .......... . .............. . 16 43. Attendance ............................................ 17 44. Personnel Files ......................................... 17 45. Performance Evaluations . ............................... . 17 46. Seniority .............................................. 18 47. LayoffPoiicy ........................................... 19 48. Re-instatement .. . ................ . ............. . ....... 20 49. Contracting Out ......................................... 20 50. Safety Committee ..... . ....... . .................... . . .. . 20 51. Safety .............................................. 20 52. Physical Examinations and Tests .......... . ... . .. . ......... 20 53. Workers' Compensation ............. . ........... . ....... . 20 54. Grievance Procedure .................................... 21 55. Comprehensiveness of Agreement .............. . ....... , .. , 22 APPENDICES A. Scope of Representation ....... . .......................... A-1 B. Salary Schedule (Classification and Salary Ranges) ......... , .. B-1 C. Bi-weekly Salary Schedule Effective 6-24-01 .... . ............ . C-1 Bi-weekly Salary Schedule Effective 6-23-02 .... . ... . ......... C-2 1. Purpose The Town and the Union agree that the purpose of this Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the Town and the employees represented bythe Union; to .provide an orderly .and equitable means of resolving disputes that may arise concerning this Agreement; and to set forth the full agreements of the parfies reached as a result of meeting and conferring in good faith regarding matters within the scope of representation pursuant to the State Government Code and the Town Employer-Employee Relations Resolution. 2. Term The term of this agreement shall be for two (2) years commencing on June 24, 2001 and terminating on June 21, 2003. 3. Union Rights a. Advance Notice Except in cases of emergency as provided in this subsection the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be .adopted by the Town and shall be given the opportunity to meet with the appropriate management representatives prior to adoption. In cases of emergency when the foregoing .procedure is .not practical or in the best public interest, the Town may adopt or put into practice .immediately such measures as are required. At the earliest .practicable date thereafter the Union shall be provided with the notice described in the .preceding paragraph and be given an opportunity to meet. with the appropriate management representatives. The Union shall timely raise any issues arising under this subsection. b. No Discrimination . The Town and Union .agree that neither will discriminate in any way against employees covered'by this Agreement because of their membership and/or activities on behalf of the Union. c. Stewards The Town agrees to recognize two (2) duly appointed Union Stewards and two (2) duly appointed alternate Stewards for purposes of Union representation. The Union shall provide the Town with a list of those duly appointed individuals. The Steward or Union Officer shall distribute to all new unit employees material(s) furnished for such ..purpose by the Union. d. Representation Upon request of an employee covered by this .Agreement, the Steward and/or Union representative shall be .present during meetings which the employee reasonably anticipates will involve that individual employee in disciplinary matters. To the extent possible, disciplinary and grievance matters affecting employees shall be considered during normal working hours and with pay. e. Access to Premises The designated Union business representative, for performance of official duties, shall .not be denied access to Town premises subject to that representative first advising Town management that he/she is on the premises and subject to not interfering with the work duties of Town employees. Bulletin Boards and Union Literature The Union shall have the right to use the Corporation Yard Bulletin Board and employee mailboxes for posting and distribution of Union materials. 4. Savings .Clause If any provision orthe application of anyprovision of this agreementas implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation., the remaining sections of this agreement shall remain in full force and effect for the duration of this agreement. S. .Union Membership and Payroll Deductions Every employee shall become a member of the'Union or pay to the Union a service fee in an amount that shall not exceed membership dues. Any employee may sign and deliver to the Town an authorization for payroll deduction of membership dues or service fee. The Town agrees to remit to the Union all monies deducted accompanied by a list of workers for whom such deductions have been made and indicating any changes in .personnel from the list .previously furnished. Upon the written request of the Union., the Town will deduct the amount of the service fee from the paycheck of any employee who has not authorized a payroll deduction of membership dues or service fee. The Town shall not be obligated to .put into effect any new, changed. or discontinued deduction until the pay period commencing thirty (30) days or longer after such submission. The Union shall certify in writing to the Town any changes in the amount of membership dues or service fee. 2 < < The Union shall indemnify and hold harmless the Town against any and all suits, claims demands, and liabilities that may arise out of, or by reason of, any action or omission of the Town in complying with this Section. 6. Management Rights The Union recognizes that the .rights of the Town include, but are not limited to, the exclusive rightto determine the mission of its constituent departments, commissions and boards; set the standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods., means, and .personnel by which government operations are to be conducted; determine the content ofjob classifications; take all necessaryactionto determine when an emergency exists and to carry out its mission in emergencies including the requirement that employees work overtime; and exercise complete control and discretion over its organization and the technology of performing its work. 7. Town Employer-Employee Relations .Resolution The Union and theTown recognize the existing language in Town Resolution 1974- 41 as it governs all aspects of labor relations in the Town. Any changes in Resolution 1974-41 which applyto:AFSGME Local 101 will be made after meeting and consulting with the Union. 8. Equal Employment Opportunity The Union and Town support equal employment opportunity programs. 9. Non-Discrimination The Town and Union agree that all provisions of this Agreement shall be applied equally to all employees covered herein without favor or discrimination because. of race, creed, color, sex, age, national origin, political or religious affiliation, Union membership oractivity on behalf of the Union, marital status, sexual orientation, or physical or mental condition. a. General Provisions Regarding Americans With .Disabilities Act 1. Because the ADA requresaccommodationsfgr individuals protected under the Act, the Union recognizes the Town's obligation to comply with all provisions of the ADA on a case by case basis. 2. The Union recognizes that the Town has the' egal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Union will be notified of these .proposed accommodations prior to implementation by the Town.. 3 3. Any accommodation provided to an indiv~uual protected by the ADA shall not. establish a past practice. 10. Compensation Compensation for classifications covered by this Agreement shall be as set forth in Appendices B and C, incorporated herein and attached hereto. 11. Out-of-Classification Pay The Town and the Union agree that it is the intent of Town management, whenever ,.possible, to avoid working an employee out of classification for a prolonged period of time. It is further agreed that an employee assigned to work out-of-classification shall be compensated from the first day of the out-of-classification assignment, Out-of- classification pay shall be a minimum of five percent {5%), above the employee's regular salary; or the lowest rate of the higher classification, whichever is greater.. Training programs mutually agreed to by the Town and the Union which are designed to enhance and/or provide career development opportunities shall not'be subject to this provision. Any employee who believes they are working out of classification may request a review of their classification. 12. Payroll'Practices a. Payroll Periods .and .Availability of Checks Employees shall be compensated on a biweekly .basis. Employee spay shall not be withheld more than seven {7) days following end of payroll period; however, overtime may appear on the .next payroll period if it is worked following the submittal of time sheets, or during a pay period with a Town holiday which requires early submittal of time sheets and early distribution (before f ridgy) of paychecks. This may also occur at the :end of the fiscal-and calendar year. Every effortwill be madeto make paychecks available to employees as soon as checks are signed and ready for distribution; b, Automatic .Deposit The Town shall provide an optional electronic check deposit system for use by employees. c. Deduction and Accrual Information Payroll deductions and leave balances shall appear on paychecks and be current to the latest payroll period. 4 13. PERS Benefits a. 2% at 55 The Town shall provide and maintain the 2% at 55'PERS retirement benefit. b. Military Service Purchase The Town shall permit .employees to purchase PERS credit for military service time.. c. EPMC, 414(h)(2) IRC Effective June 24, 2001, the Town will cease its,participation in the Public Employees' Retirement System "Employer Paid Member Contribution (EPMC) provision. Concurrently., the Town will .begin paying in salary to the employees covered by this MOU the equivalent dollar amount of the former EPMC (7% of salary). Employees shall be responsible for making their own PERS member contributions. Substantially concurrent with the adoption of this MOU, the Town will adopt a Resolution materially the same as that recommended by the Public Employees' Retirement System to implement the provisions of 414 (h) (2) of the Internal Revenue Code (IRC). AFSCME accepts the terms of this Resolution and acknowledgesthat this Resolution will apply to all current and future members of AFSCME. 14. Insurance Programs and Rate of Town Contribution a. Dental - The Town will provide payment of family dental premiums for Delta Dental Plan. b. Medical - The Town will provide a choice of coverage under the Public Employee's Retirement System Health Benefits Medical Program. c. Life - Coverage of $50,000 plus $50,000 Accidental Death; Town to pay full premium. Additional life insurance may be purchased by the employee equal to once or twice the employee's base salary., not to exceed $200.,,000. d. Disability - Short Term Disability Policy effective 8th calendar day; with coverage of 60% weekly earnings up to maximum of $1300/week for 12 weeks. Long Term Disability benefits begin on the 91st day of disability; coverage of 60% of monthly earnings up to a maximum of $6000/month. 5 C e. Employee Assistance Program - Premium to be paid by the Town. Town shall provide paid release time for training related to the employee assistance program. Such training shall be ..mandatory and the topics shall be selected by the Town. 15. 16. f. Unemployment Insurance - Unemployment insurance shall be ,provided by the Town. Family Medical Insurance Premiums In lieu of the Cash Allocation Plan (Section 16) the Town will provide payment of medical insurance premiums equal to the cost of Kaiser Family Medical insurance program offered by the Public Employees Retirement System Health Benefit Medical. Program. The determination as to whether this benefit is provided must'be made on an indvidual'basis upon employment with the Town and during the Town's open enrollment period of each year thereafter. Employees opting for this medical insurance coverage will not participate in the Cash :Allocation Plan. Cash .Allocation Plan In lieu of the Family Medical Insurance Premium Plan (Section 15) the Town will provide an allocation .per employee of $5052.32 per year ($420.86 per month). Allocation shall be made for individual positions based on the Position and Classification Plan. Full-time employees shall receive 100%-of the Cash Allocation Plan, part-time employees shall .receive 75%, half-time employees shall receive 50%. There will be an annual open enrollment period. a. Taxable Benefit Any portion of the cash allocation may be taken as a taxable cash option. The cash option shall be paid in two equal amounts in December and June. This will be paid in the regular paycheck. b. Pre-Tax Benefits Pre-tax benefits available in the program are .medical and dental insurance. 17. Deferred Compensation The Town shall continue to make a Deferred Compensation ,program available to employees. The Town makes no representation on the merit of the plan nor any of the investment products or instruments which may be offered by the plan. The responsibility for evaluating the. investment options within the plan is the responsibility of the individual ,participant. The Town shall not be obligated to offer more than one Deferred Compensation carrier. 6 18. Uniforms a. Uniform Items The Town will supply employees with orange or blue uniform shirts with a Town patch. The Town shall also supply five orange or blue tee shirts with a Town logo per year to employees who want them; tee shirts with Town logo shall constitute alternate proper uniform. The Town shall also supply coveralls to Mechanic staff. The Town shall be responsible for the maintenance and laundering of the uniform shirts for those who wear them, and for the maintenance and laundering of the coveralls for Mechanic staff. The Union recognizes the Town's right to specify a uniform and require that employees be in .proper uniform at all times. Employees who choose to supply their own orange or blue tee shirts shall .have them approved by the Director. b. Safetx Equipment The Town shall continue to provide work-related safety equipment to employees (per Town approved list); employees shall be .responsible for the maintenance and care of that equipment. 19. Milea e Employees using ..personal vehicles on official Town business shall be reimbursed at the mileage .rate established by the I.R.S. Private vehicles used for Town business shall comply with the California Vehicle Code. 20. Work Schedule a. Standard Work Day l'he standard workday shall be 8.5 consecutive hours including a 15-minute morning and a 15-minute afternoon workbreak, and a forty (40) minute lunch break, which shall include any wash-up time. The standard workday shall begin at 7.00 AM and end at 3:30 PM, the last ten (10) minutes of which shall be available for wash-up time. Minimum seventy-two (72)'hours notice will be provided by the Town for non-emergency changes in schedule. b. Use of Town Vehicle An employee whose lunch or break period 'begins at a work location other than the Corporation Yard may use the job site Town vehicle to go to lunch or obtain food. Travel time in connection with this privilege shall not extend the lunch period beyond the forty (40) minutes including wash-up time, nor extend the break period beyond fifteen (15) minutes. 7 c. Early Start r'ay Non-overtime work begun prior to 5:00 AM shall receive additional compensation of $8..50. Non-overtime work begun 'between 5:00 AM and 6:59 AM shall receive additional .compensation of $7,'50. d. Parks Summer Schedule Parks Division employees who workthe summerten (10) day schedule shall be compensated at the rate of 1.50 hours for each hour of work on Saturday and Sunday. To the extent possible, the Town shall assign the summer ten (10) day schedule on a rotational basis. Parks personnel on the 10/4 plan will not take home vehicles on weekends. e, ~ecial Events As related to work during special events, the Town will .prepare a .list of special events annually to be updated monthly as information becomes available. 'In making assignments to work, volunteers will be used first. In the absence of volunteers, assignments to work can be made on a reverse seniority basis. The list shall rotate. f. Work. Week 1. The Town has no intention of changing existing work weeks at the present time. 2. Management's decision to change existing work weeks will involve but not be limited to the following .considerations: a. Failure to .meet the performance objectives of the work unit. b. Change in service level. 3. Prior to a change in work week {except in the event of an emergency) the Town will give a minimum two weeks notice to affected employees. Further,theTownagrees tomeet ingood faith to attempt to resolve any hardships caused by a change in work week. g. 4-10 Schedule --Vehicle Maintenance Shop The Town agrees to maintain a 4/10 (4 day per week/10 hours per day) plan for the vehicle maintenance shop as long as Monday and Friday in each workweek can be covered'by a mechanic. In addition, this program shall be evaluated quarterly to determine if productivity and coverage meet the Town's repair needs. This will determine if the .program will continue. 8 ~, ~,, h. Work Schedule and Holidays When Holiday is Taken Off Employees will receive eight hours of regular pay when scheduled to have the holiday off (8 hours total). Ifthe employee's scheduled day off falls on a recognized Town holiday the employee will receive eight hours of holiday pay and eight hours of straight time pay (16 hours total). 2. Work on A Holiday .Employees who are scheduled to work on a holiday, recognized in the MOU, will be compensated as follows: A. On Work Day - If the holiday falls on a normally scheduled workday, the employee will receive eight hours of holiday pay and time and one-half for the hours actually worked on the holiday (20 hours total).. B. On Day Off - If the holiday falls on a normally scheduled day off and the employee is required to work, the employee will receive. eight hours of holiday pay and eight hours of straight time .plus time and one-:half for the hours actually worked on the holiday (28 hours total). 3. Holidays Observed Holiday compensation of any form shall only be paid on holidays observed under Section 29 - Holidays. Employees will oniy be .paid for one of the following: 1f the designated holiday falls on Saturday, compensation or actual time off would be earned/taken on Friday. If holiday falls on Sunday, compensation or actual time off would be earned/taken on'Monday. 21. Overtime a. 8chedulina All overtime will be scheduled pursuant to the needs of the Town. Overtime in the same classification shall be scheduled using a list of all employees in that classification and offered by rotation, provided the individual is capable of performing the assignment. In the absence of volunteers, the Town shall assign overtime. 9 ~~ b. Compensation Overtime shall be compensated at the rate of time and .one-half based upon either hours in excess of eight (8}per day or hours in excess of forty (40) ..per week. Overtime work shall accumulate or be paid off at 'the employee's option subject to the scheduling needs of the Town. If an employee elects to receive compensatory tune off in lieu of overtime pay, for each hour of overtime work they will receive one hour of compensatory time credit and 0.5 hour at the employee's regular rate of pay in cash payment. Parks department employees who work the summer ten (10) day plan may accumulate compensatory time .off or request pay In conjunction with the 4 days normally scheduled off on the 10/4 program. c. Compensatory Time Use of compensatory time will 'be at the Town's discretion based on scheduling needs. The Town shall, to the best of its ability and subject to scheduling needs of the Town, .make every effort to accommodate employee requests for compensatory time off. The maximum accrued compensatory time accumulation. shall be sixty (60) hours. d. Cash-Out Voluntary compensatory time cash-.out will be allowed on accruals to the end of November each year. Payment of any cash-out will be included in the first payroll check in pecember. The employee may apply compensatory time cash-out to Deferred Compensation., so long as applicable law permits.. 22. Call Back Cafl back is defined as Town required return to work after an employee has completed his/her normal work day and before his/her next scheduled .normal workday. The normal work day shall be scheduled solely at the discretion of the Town. Minimum call-backshall be three (3) hours atthe overtime rate with suchthree-hour period defined beginning with the time of the initial call and concluding thirty {30) minutes after the employee calls in to the Police Department dispatcher that the assignment has been completed. A subsequent call-back shall be considered to be within the.initial call-back if the employee is notified within the originalthree-hour period. If two hours and forty-five minutes of the original three-hour period expires before the employee is notified, then a newthree-.hour minimum shall go into effect. This section also applies toemployees onstand-by duty as provided in Section 23. An employee notified of overtime that is not contiguous to his/her shift less than 72 hours in advance will be paid at the call back rate. 10 23. Standby a. Assignment and Scheduling -The Union recognizes the Town right to schedule standby assignments for employees at Town discretion. Standby assignments shall be made in order to provide services .outside the regular work schedule. Standby assignments shall first be made on a volunteer basis; in the absence of volunteers, the Town shall schedule standby. To the best of its ability, the Town shall schedule standby assignments as far in advance as possible. The Union recognizes the need for standby provision of services and further recognizes that employee failure to respond when assigned standby duty may be .cause for disciplinary action including termination. b. Compensation -Standby assignments shall be compensated at the rate. of four (4) hours straight time pay for every twenty-four (24) hours of assignment. Assignments of standby dutyfor ore or less than twenty-four (24) hours shall be compensated on a ,pro-rated basis (4 hours for each 24 hours). Specific call out of employees on standby assignments shall. be compensated at the regular overtime rate. Town shall provide vehicle and "beeper" to employees on standby assignment. c. Eli ibilit -Employees who can respond within a reasonab'letime period (i.e., 40 minutes on average.) shall be eligible for standby duty regardless of where they reside. The Department Head shall qualify employees forstandby duty by ascertaining that travel to standby assignments can be accomplished safe y. An employee who meets the above requirement, and whosework would not normally involve assignment to standby duty, may volunteer for such duty and will be assigned to the list of volunteer employees from which standby duty is assigned, at such time as he/she has received the necessary training in standby duties and skills. It is the intent of the parties that employees be notified by the Department as soon as possible after the execution of this Agreement that new volunteers will be accepted for training together with information for potential volunteers. If there are volunteers, the Labor- ManagementCommittee shall be convened to discuss implementation of the appropriate training at the earliest practicable date. Stand-By Training -The Town will provide additional training in stand-by duties for newly hired employees during their first year of emp oyment, who are not assigned to Sewer activities. 24. EmergencX Work. In the event that emergency work should mandate that employees work during regular meal hours, time taken by employees and scheduled by the Town for meal period shall be considered as compensated time. 11 25. Vacation Schedule The following vacation schedule shall apply to all employees: ,Month of Employment :Accrual Rate 0 to 36 months 10 days per year - 3,08 hours per pay period 37 to 60 months 16 days per year - 4..92 hours per pay period 61 to 120 months 21 .days per year - 6.46 hours per pay period 121 to 180 months 23 days per year - 7.08 hours per pay period. 181 months and over 25 days per year - 7.70 .hours per pay period Maximum accrual of vacation hours shall be 320'hours. 26. Vacation Checks At the employee's .request, the Town will advance the employee's vacation pay that has already been accrued to the employee and ,provide payment for same. on the last payroll check prior to the employee's vacation. The Employee will be advanced vacation earnings equal to the amount of vacation time utilized if the Town receives thirty (30) days notice in advance of the payroll period in which the vacation pay would be received. 27. Vacation .and Compensatory Time Cash-out Employees who terminate from Town service shall ..have all accrued vacation leave and .compensatory time cashed out effective the last full work-day with the Town. This will terminate the employee's. status as an emp ogee of the Town. All represented employees wilt be eligible to cash out 100% of accrued vacation time twice per year in May and 'November. Such monies will be .included in the first .payroll check of June .and .December. All represented employees will be eligible to cash out 100% of .accrued compensatory time three times peryear in February, May, and August, Such monies will be included in the first payroll check of March., June., and September. All accrued compensatory time on the books the last pay period in November shall be cashed out and included in the first payroll check of December. All Employees may apply vacation and/or compensatory time cash-out to Deferred Compensation, so long as applicable law permits. 28. Sick Leave a. Accrual Rate Accumulation rate shall be eight (8) hours per month (3.70 hours per pay period). Maximum. accrual of sick leave hours shall be 1000 hours. 12 b. Sick Leave and Other Accrued Leaves When an employee is absent for any of the ,purposes for which sick leave .may be used, he/she may use other accrued leaves when sick .leave has been exhausted, unless he/she has received a second consecutive written notice of counseling within an eighteen month .period regarding excessive or abusive use of sick leave. c. Sick Leave Cash-Out Program Employees who terminate employment with the Town for any reason other than retirement may cash out their accumulated sick leave as follows: Months of Employment 1- 59 months at 25% 60 -119 months at 37.5% 120 months or more at 50% If an employee is terminated due to a layoff, the employee shall be eligible to cash out 100% of accrued sick leave at time of layoff. In order to be eligible for the terminating sick leave cash-out program, an employee must have a sick leave accrual balance of at least 1:5:0 hours at the time of termination. Employees who terminate employment with the Town after a prolonged period of :illness or injury, may apply to the Town Manager for a waiver of the 150 hours requirement. d. Sick Leave Conversion at Retirement -All employees who retire may convert 1:00% of this .accumulated sick leave to a dollar equivalent. at their hourly rate of pay at the time of retirement. This amount shall be held in an account. The emp oyee's ,..portion of medical insurance premium payment will be withheld from their monthly retirement payment by'PERS. The Town agrees to pay the retiree quarterly in advance on the first pay period of January, April, July.., and October of each year after retirement. The first payment will be prorated to the nearest quarter. The retiree's portion of medical payments will be paid from this account by the Town until all monies are depleted from the account or the retiree dies, whichever occurs first. This account will not accrue interest and will not be paid in cash to the retiree or any beneficiaries, except that upon the death of a retiree whose sick .leave account has not been exhausted, the retiree's spousal survivorshall be paid the full cash value of the remaining sick leave in the retiree's account. The retiree shall be responsible for 100% of their share of future medical insurance payments once the account is exhausted. 13 29. Holidays The following shall be observed as paid eight (8) hour holidays for employees represented by the Union: January 1st (New Year's Day) 3rd Monday in .January {Martin Luther King's Birthday) the 3rd Monday in February (President's Birthday) the last Monday in May {..Memorial Day) July 4th (.Independence Day) the first Monday in September (Labor Day) Thanksgiving Day the Friday following Thanksgiving Day. December 25th (Christmas Day) four (4) hours each on December 24 and December 31. every day declared a holiday by the President or Governor, subject to the Mayor also proclaiming the day as a holiday .Holidays which fall on Saturday shall be observed on the Friday prior, ..and holidays which fall on Sunday shall be observed on the following Monday. 30. Personal Leave The employee shall be entitled to twenty-four (24)'hours per calendar year; such leave shall be non-cumulative; with no cash value. Df the twenty-four (24) hours :annually, the employee may take twelve (12) hours without prior notice and twe ve (12) hours with prior notice.. If an :employee's use of Personal Leave without prior notice results in the Town having to change another employee's schedule without 72 hours' notice, the situation wilt be considered an emergency under Section 20 (Work Schedule) .and will not result in penalty to the Town. 31. Maternity Leave/Family Leave/Medical Leave The Townrecognizes State and Federal law regarding Maternity Leave and Family and Medical Leave. The Town will take action to inform employees of the current provisions of laws affecting these leaves. The Town may, at its discretion, approve leave beyond the specific amount provided above. 32. Catastrophic Time Bank If an employee, spouse, or significant other, or child becomes catastrophically ill or injured, the employee. may request-in writing of the Town Manager that a catastrophic time bank be established. The bank will enable employees to donate accrued CTO, holiday, vacation, or sick leave to the requesting employee in accordance with Departmental policies to be developed. 14 33. Bereavement .Leave A maximum of 40 .hours of 'bereavement leave shall be provided to each employee for a death in his/her immediate family. Immediate family includes parent, grandparent, child, spouse, sibling -- by blood or marriage, and .relatives by blood or by marriage living at the same address as the employee. 34. Military Leave Military leave and benefits shall be granted in accordance with State and federal Law, including the continuation of employee salary and benefits and employees will receive up to thirty {30) calendar days of pay.. 35. Personal Emergency Leave Leave will be available for employees for disasters declared by Federal, State, County., or Town officials if those disasters affect all or a portion of the Town "urban service area". Leave subject to scheduling by the Town. Employees shall be allowed to charge time off to accumulated overtime, vacation hours, and sick leave hours (in that order). In the event of a Town emergency (e.g., flood,, earthquake) employees are .required to remain at work until released by their Supervisor. 36. Ju Du An employee .required to serve as a trial juror or an expert witness (expertise related to Town employment shall have his/her salaryand benefits continue; the employee shall turn over to the Town .any compensation (other than travel related) from the courts or other source for jury duty. 37. Leave Without Pay Leave without pay shall be subject to approval of the Town Manager. An employee who is on leave without pay shall not earn any employment benefits (including, but not limited to such benefits as vacation sick leave, medical benefits, dental .and other insurance benefits, retirement credits for time employed or seniority entitlements of any kind) for the duration of such leave. An employee who is on leave without pay will have the ability to continue medical and dental coverage at their own expense in accordance with the Town's administrative policy on benefit .retention. Vacation., sick leave, or time worked shall .not be used intermittently during an extended leave to interrupt a determination that an employee is on leave with no pay. 15 38. Accrual of Benefits There shall be no accrual of benefits during unauthorized leave, suspension, or leave without pay. 39. Notice of Vacancies Town job vacancies shall be posted on the Corporation Yard 'Bulletin Board for the duration of the recruitment period. 40. Promotions Subject to the needs of the Town, promotional examinations shall be used whenever possible to fill vacancies in the Town service. Employees promoted to higher paying classifications shall receive a minimum five {5%} percent increase in salary or an amount which shall not exceed the highest step in the range of the higher classification. 41. Probationary Period The probationary period shall be twelve- (12) months for all newly hired employees. and six (6) months for employees receiving promotions. If at the end of a six month probationary period a promoted employee who has been routinely evaluated, trained and counseled is not meeting .required performance standards, then the Town may extend the probationary period in three month increments, for a total maximum probationary period of 12 months. An employee who is rejected during a promotional probation period, shall have the right to return to his/her former classification, and the same right shall apply to an employee who is displaced as a result of such return, provided, however, that no such right shall apply -and no additional right shall be conferred hereby - to an employee who is serving his/her initial probationary period with the Town unit. 42. Outside Employment No full-time paid employee in the classified service shall hold any job other than employment by the Town without the written .recommendation of his/her department manager and the written approval of the Town Manager. A copy of such approval shall be filed with the Personnel Officer. No employee, whether in the classified service or not, shall engage in other employment or activity which in any way involves a conflict with the interests of the Town or his/her responsibilities or duties as an employee.. Outside employment shall be reviewed and re-approved by the'Department Manager and Town Manager on a yearly basis. 16 43. ..Attendance Employees shall be in attendance at their work in accordance with the rules regarding .hours of work, holidays and leaves. An employee whose absence is not authorized will not receive pay or benefits for the absent period and shall be subject to discipline. Failure on the part of an employee absent without leave to return to duty shall be grounds for discharge. It shall be the responsibility of an employee absent without leave to notify the'Department Head of the reason the employee is absent. and of the employee's availability for duty. 44. Personnel'Files Emp oyees shall have the right to review materials in their individual personnel files in accordance with State law. 45. Performance Evaluations a. Evaluations Performance evaluations shall take place at least every three (3) months for ail probationary employees and shall take place at least annually thereafter on the anniversary of an employee's employment with the Town. Employees eligible for step increases shall receive their performance evaluation no .later than fifteen (15) days prior to their employment anniversary date. Employee evaluation forms shall .include a section with a box to be checked indicating whether an employee agrees or disagrees with his/her evaluation. 'Employees granted step increases shall receive those increases effective the closest pay .period in which they are 8ligible. All performance evaluations shall be discussed with the employee prior to the evaluation being completed. Employees shall sign their individual performance evaluations as evidence of discussion having taken place; employee signature does not necessarily imply agreement with the evaluation. An employee may attach separate written comments to his/her evaluation.. Performance evaluations shall be conducted .annually from the employee's (1) date of hire, (2) date of last merit increase, or (3) date the employee entered his/her classification. The classification date shall supersede the hire. date., and the date of the last merit increase shall supersede both the hire date and the classification date. Performance evaluations shall be completed by an employee's immediate supervisor (i.e., PW Maintenance Supervisor or Parks Maintenance Supervisor). Written .comments made by any other supervisor, superintendent or management personnel shall .not change the numerical rating of the immediate supervisor. 17 The Town agrees to provide employees with a copy of both the initial and final versions of their quarterly .and :annual performance evaluations. Sick leave usage shall not be directly evaluated on the performance evaluation. Performance categories that are affected by excessive or abusive use of sick leave shall be evaluated. (b) Counseling In the event that a worker's performance or conduct appears to be unsatisfactory or needing improvement., informal verbal or written counseling shall'be provided 'by the workers immediate supervisor. Counseling should be separate from ongoing work site dialogue and should address performance or conduct which., if not improved, may eventually result in a negative evaluation or disciplinary action. Documentation of such counseling shall be given to the workerat the time of the counseling and will not be placed in a workers personnel file. When the situation allows counseling, counseling shall be used prior to any unfavorable reports being issued. Counseling should normally take place between the worker and the immediate supervisor. (c) Unfavorable Reports On Performance Or Conduct If upon such counseling a worker's performance or conduct does not improve and a negative evaluation or disciplinary action could result, the supervisor shall prepare a written .report that includes specific suggestions for corrective action, if appropriate. A copy shall be given. to the worker and a copyfiled in'his/her personnel file. Workers shall have the right to attach a written rebuttal to the report for inclusion in their personnel file. 46. Seniori Seniority shall be inclusive of CETA time and shall be credited from the first day of (CETA) employment with the Town. Unpaid. leaves of absence .and breaks in continuous service shall not be credited to employee seniority. Seniority will be a factor in determining vacation use. The Town shall establish a rule of ten promotional system and shall grant. employees one point for each year of Town service up to a maximum of ten .points when employees apply for promotional positions. 18 47. Layoff Poucy Although a reduction in force .(lay-off) is not anticipated it is recognized that it is the sole right of the Town to determine when such .reduction in force is necessary. In recognition of the lJnion's concerns about seniority, however, in the event of any budget deficit requiring lay-off, the Town will first freeze future hiring and through attrition attempttosolve anytemporaryexpenditure deficit. The Town will then lay-off probationary, temporary, and hourly employees prior to laying off full-time, permanent employees.. A minimum thirty (30) day calendar .notice shall be provided to employees. Layoff shall be based on "performance" as well as seniority on an equal 50/50 basis for employees with less than 5 years of service. Layoff shall be by classification. Affected employees who are qualified to do so may "bump" down to previously held classifications in the Town. a. Emploxees With Less Than 5 Years of Service In determining order of layoffs., employees shall first be listed in the order of their continuous service with the Town. Each employee shall. be given a numerical credit of one (1) point for each month of continuous service with the Town. Subsequently, a review of each employee's personnel file shall be made and a numerical score shall be assigned to each of the employee's last five (5) annual evaluations on file. The actual scoring shall be as follows: 1. For each "performance factor" rated, 12 points shall be assigned for "E" rated performance.;. 9 points shall be assigned for "M" rated :performance; and 6 points shall be assigned for "I" rated performance. Performance factors rated between "E" and "M"shall receive a point assignment of 10.5. Performance factors rated between "M" and "I" shall .receive a point assignment of 7.5. The sum of the ..points will then be divided by the number of performance factors in order to determine an overall score for the evaluation. The sum of all the scores from the. .individual .annual .performance evaluations shall then be calculated, divided by five (5), and then multiplied by the number of years of employee seniority. Employees shall then be listed in a separate .list by overall performance evaluation scores as derived from the above described. procedure. 2. The .points on both lists shall then be totaled to .provide for one layoff list. Actual layoffs shall then take .place from the list with those employees with the fewest number of total points being the first to be laid .off. b. Employees With 5 Years of Service or More Layoffs shall be based upon date of hire seniority. 19 For both or the above categories, theTown shall aevelop and maintain in the Town Personnel Office layoff lists that will be available for inspection by Union-represented employees at least thirty (30) days prior to the scheduled adoption of the Town annual operating budget. 48. Re-instatement Employees who are laid off shall be .placed on a re-instatement list for the classification from which they were laid-off. Re-instatement will occur in the reverse order of .lay-off, Re-instatement lists shall remain effective for fourteen {14) months from the effective date of separation from service. Prior to re-instatement a former employee must successfully pass afitness- for-duty .physical examination and meet the minimum requirements for the position. 49. Contracting Out No bargaining unit employees shall be laid off as a result of the Town entering into a contract with any outside party. 50. Safety Committee Union shall encourage .its members participation in the Town-wide Safety Committee. 51. Safe The Town shall continue to comply with all applicable State rules and regulations relative to safety. The Town and Union agree to maintain a joint committee to investigate and make recommendations on safety issues identified by the Union and the Town. The Town will use two people on median islands when possible. 52. Physical Examinations and Tests The Town agrees to provide full cost reimbursement for physical examinations and job-related tests that may be required of employees as a condition of continued employment with the Town. 53. Workers' Compensation The Town and 'Union agree that employees who sustain ..illness or injury arising out of and in the course of their Town employment shall .receive benefits equal to those mandated by the .State of California, and the California Labor Code plus the difference between State mandated .benefits and the individual's regular salary, if .any, paid by the Town and charged to the employee's accrued sick leave balance. If sick leave is not available, other accrued leave balances shall be charged. 'If an employee does not have accrued leave balances, the employee shall receive only the State- mandated benefits. 20 Pursuantto the Town disability insurance policy, employees shall receive the shortterm disability insurance effective the 8th day of disability and the long term disability insurance effective the 91st day of disability. The policies and procedures affecting the use of workers compensation will be developed .and administered by the Town Personnel Officer in accordance with State law. There is a three day {calendar) waiting period to receive benefits, unless the employee is hospitalized or out for more than two weeks. In the event of anon-hospitalized on-the-job injury verified as such and eligible for worker's compensation disability payments, the Town will compensate employees for the first three day waiting period.. 54. Grievance Procedure Grievances shall be defined as alleged violations of this agreement or disputes regarding interpretations, application, or enforcement of this agreement or Town-ordinances, resolutions, and written-policies related to personnel policies and working conditions, Grievances shall not include disagreements., disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, probationaryterminationsavd .items subject to meet and confer. (Nothing in these definitions shall be construed to limit "permanent" employees from appealing decisions affecting their employment to the Town Personnel Board.) No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordancewith the procedure contained herein within thirty {30) calendar days of the date the grievabce activity occurred or the date the employee could reasonably have known such activity occurred. This statute of limitations shall not apply to probationary employees. The .parties agree that all .grievances will be processed in accordance with the following procedure: a. Any employee who has a grievance shall first try to .get it settled through discussion with his/her immediate supervisorwithout undue delay. Every effortshall be made to find an acceptable solution at the lowest possible level of supervision. if after such discussion the employee does not believe the grievance has .been safiisfactorily resolved, 'he/she may file a formal appeal in writing to his/her department head within ten (10) calendardays after receiving the.informal decision of his/her immediate supervisor. 21 ( (~ b. The department head receiving the formal appeal shall render his/her written decision within ten (10) calendar days after receiving the appeal. If after receipt of the written decision of the department head the employee is still dissatisfied, he/she may appeal the decision of the department head to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after .receipt of the written decision of the department head. The Town Manager shall review the decision of the. department head, and his/her decision, which shall be rendered within twenty (20) working days after the appeal is made, shall be final. c. The. time .limitations for filing and responding to grievances may be waived or extended by mutual agreement of the parties. If either party to the grievance so requests, an informal hearing .shall be conducted at the department head or Town Manager appeal levels. Employees .may be represented by counsel, Union representative, Union steward or other person at any stage in the grievance process.. 55. Comprehensiveness of Agreement Town and Union agree that this agreement represents all sa ary, wages, and fringe benefits subject to negotiation and available to employees. 22 APPENDIX A SCOPE OF REPRESENTATION AFSCME Local 101, Los Gatos Chapter The Union shall represent employees of the Town filling .permanent full-time and permanent part-time positions as authorized in the position control resolution for the following classifications: Equipment Mechanic Town Arborist Maintenance Worker II Parks'Maintenance Worker II Sweeper Operator Tree Trimmer/High Climber Facilities Coordinator Parks and Maintenance Worker Trainee Parks and Maintenance Worker Senior Parks and Maintenance Worker Lead Parks and Maintenance Worker Any new classifications created in the Town work force shall be assigned to bargaining units pursuant to the Town 'Resolution 1974-41. A-1 APPENDIX B TOWN OF LOS GATOS AFSCME LOCAL 101, LOS GATOS CHAPTER CLASSIFICATION & SALARY'RANGE TABLE Classification: Range Equipment Mechanic 8'13 Town Arborist 813 Maintenance Worker I1 806 Parks Maintenance Worker II 806 Sweeper Operator 808 Tree Trimmer/High Climber 808 Facilities Coordinator 811 Parks and .Maintenance Worker Trainee 820 Parks and'Maintenance Worker 830 Senior Parks and 'Maintenance Worker 840 Lead Parks and Maintenance 1Norker 850 B-1 ~ ~, APPENDIX C TOWN OF LOS GATOS HOURLY SALARY SCHEDULE (Effective June 24, 2001) Range Step 1 Step 2 Step 3 Step 4 Step 5 .Step 6 806 $19.07 $20.02 $21.03 $22..0.8 $23,18 $24,.34 808 $20.00 $20.99 $22.04 $23.15 $24..30 $25.52 811 .$21.52 $22.60 $23.73 $24..92 $26.16 $27..47 813 $22.61 $23.74 $24.93 $26..17 $27.48 $28..85 820 $16.18 $16.99 $17,84 $18.73 $19,67 $20.65 830 $19.81 $20..80 $21,84 $22.93 $24.08 $25.28 840 $22..37 $23.49 $24.66 $25.89 $27.19 $28,55 850 $24.61 $25.84 $27.13 $28.49 $29.91 $31.41 C-1 APPENDIX C TOWN OF LOS GATOS HOURLY SALARY SCHEDULE (Effe ctive June 23, 2002) Range .Step 1 Step 2 .Step 3 Step 4 Step 5 Step 6 806 $20.02 $21.03 $22.08 $23.18 $24.34 $25.56 808 $21,84 $22.93 $24..07 $25.28 $26.54 $27.87 811 $23,50 $24:68 $25.91 $27.21 $.28..57 .$30.00 813 $24.68 $25.92 $27.21 $28.58 $30.00 $31.50 820 $16.99 $17,84 $18.73 $19.67 $20.65 $21.68 830 $20.80 $21.84 $22,93 $24.08 $25.28 $26.54 $40 $23:49 $24,66 $25.90 $27.19 $28.55 $29.98 850 '$25..84 $27.13 $28.49 $29.91 $31.41 $32:98 C-2 t RESOLUTION NO. RESOLUTION OF THE TOWN OF LOS GATOS IMPLEMENTING THE PROVISIONS OF SECTION 414 (h) (2) OF THE INTERNAL REVENUE CODE FOR AFSCME REPRESENTED POSITIONS WHEREAS, the Town of Los Gatos has the authority to implement the provisions of .Section 414 (h) (2) of the Internal Revenue Code (IRC); and WHEREAS, the .Board of Administration of the Public Employee's Retirement System adopted its reso ution re: Section 414 {h) (2) IRC on September 18, '19$5; and WHEREAS, the Internal Revenue Service has stated in December, 1985, the :implementation ofthe provisions of Section 414 (h) (2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of Section 414 (h) (2) IRC; and WHEREAS, the Town of Los Gatos .has determined that even though the implementation of the provisions of Section 414 (h) (2) IRC is not required bylaw, the tax benefit offered by Section 414 (h) {2) should be provided to its employees who are members of the Public Employees' Retirement System: NOW THEREFORE, BE IT RESOLVED: That the Town of Los Gatos will implement the provisions of Section 414 (h) (2) Internal Revenue Code by making employee contributions pursuant to California Government Code Section 20691 to the Public Employees' Retirement System on behalf of American Federation of State, County and Municipal Employees (AFSCME) Local 101 represented employees who are members of the Public Employees' Retirement System. "Employee contributions" shall mean those contributions to the Public Employees' Retirement System which are deducted .from the salary of employees and are credited to individual employee's accounts pursuant to California Government Code Section 20691. II. That the contributions made by the Town of Los Gatos to the Public Employees' Retirement System, although designated as employee contributions, are being paid by the Town of Los Gatos in lieu of contributions by AFSCME represented employees who are members ofthe Public Employees' Retirement System. III. That AFSCME represented .employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the Town of Los Gatos to the AT'~'~~H~i~.E~1~1~ Public Employees' Retirement .System. IV. That the Town of Los Gatos shall pay to the Public Employees' Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salary. V. That the amount of the contributions designated as employee contributions and paid by the Town of Los Gatos to the Public Employees' Retirement .System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees' Retirement Law (California Government Code Section 20000., et sea.). VI. That the contributions designated as employee contributions made bythe Town of Los Gatos to the Public Employees' Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the .day of June, 2001 by the following. vote: COUNCIL MEMBERS: AYES: NAYBS: ABSENT: ABSTAIN: SIGNED; MAYOR OF THE 'T'OWN OF LOS GATOS LOS GATOS, CALIFORNIA .ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\MGR\GROGERS\CNFWFSCME\Negotiations2001\4d 4h2reso.wpd