1980-106-Approving A Memorandum Of Understanding Between The Town Of Los Gatos And Local 101 Of The American Federation Of State, County And Municipal Employees (Corporation Yard Unit)RESOLUTION NO. 1980 -106
A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE TOWN OF LOS
GATOS AND LOCAL 101 OF THE AMERICAN
FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (CORPORATION
YARD UNIT)
RESOLVED, that the Memorandum of Understanding signed by
the Town Representative and the Business Agent for the American
Federation of State, County and Municipal Employees Local 101
(representing the Corporation Yard Unit) on July 29, 1980, is
hereby approved.
PASSED AND ADOPTED at a adjourned re ularmeeting of the Town
Council of the Town of Los Gatos held on the day of
August , 1980, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon. MarLpn J.
Rasmussen Peter W. Siemens, Brent N. Ventura.
and Thomas J. Ferrito
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS None
ATTEST:
CLERK OF THE TOWN OF LOS. OS
MEMORANDUM OF UNDERSTANDING
Corporation Yard Unit
This Memorandum of Understanding ( "Memorandum ") is made and entered into
between the Town of Los Gatos ( "Town ") and Local 101 of the American Federation
of State, County and Municipal Employees ( "AFSCME ") by the Town Employee Rela-
tions Representative and the AFSCME Business Agent as a result of meeting and
conferring in good faith under the provisions of the Meyers - Milias -Brown Act.
The Town and AFSCME agree:
ARTICLE I
Term
1. The term of this agreement shall be twenty -four (24) months commenc-
ing July 1, 1980, and ending June 30, 1982.
ARTICLE II
General
2. AFSCME is a recognized employee organization within the meaning of
the Town's Employer - Employee Relations Resolution No. 1974 -41.
3. AFSCME represents all employees in the Corporation Yard Unit, except
employees paid by the hour; temporary employees; and employees who work less
than twenty (20) hours per week. The following Town classifications are
included in this unit: Maintenance Worker I, Park Maintenance Worker I,
Building Maintenance Worker I, Maintenance Worker II, Park Maintenance
Worker II, Building Maintenance Worker II, Maintenance 'Worker III, Park
Maintenance Worker III, Arborist, Sweeper Operator, Equipment Operator,
Equipment Mechanic.
4. AFSCME is the only employee organization which is entitled to meet
and confer with the Town on behalf of those employees in the Corporation Yard
Unit.
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5. Representatives of the Town and AFSCME have met and conferred pur-
suant to the provisions of the Meyers - Milias -Brown Act and Resolution No.
1974 -41 for the purpose of attempting to reach agreement concerning all matters
within the scope of representation for Town employees in the Corporation Yard
Unit during the term of this Memorandum.
6. An agreement has been reached.
7. AFSCME agrees that it will not attempt to meet and confer on items within
the scope of representation as defined by the Meyers - Milias -Brown Act and Town
Resolution 1974 -41 during the term of this Memorandum of Understanding; however,
this shall not preclude the Town and AFSCME from mutually agreeing to meet and
confer on any matter within the scope of representation at any time.
ARTICLE III
As used in this agreement:
8. The term "Personnel Rules" means those regulations titled "Town of Los
Gatos Personnel Rules and Regulations," enacted by Resolution No. 1965 -91 and as
thereafter and hereafter amended.
9. The term "Salaries ", "Wages ", or "Salaries and Wages" shall mean the
gross monthly base pay prior to any payroll deductions.
ARTICLE IV
Salaries - Wages - Supplemental Benefits
A. Salaries and Wages
10. The salaries and wages paid by the Town to employees represented by
AFSCME shall be paid according to the job classifications which they hold, as
follows:
a. Effective July 1, 1980, the monthly salary ranges in effect on
June 30, 1980, shall be increased by ten (10o) percent.
b. Effective July 1, 1981, the monthly salary ranges in effect on
June 30, 1981, shall be increased by nine and one quarter (9 -1/4%) percent.
c. If the San Francisco /Oakland Consumer Price Index for all urban wage
earners increases by more than 141' for the period beginning May 1, 1980, and
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ending April 30, 1981, the Town will reopen consideration of the wage increase
scheduled for July 1, 1981.
d. If the comprehensive job classification study (Article V, 17.)
indicates that employees represented by AFSCME are performing functions out of
their job classifications, or that special classification adjustments are needed,
the Town and AFSCME will meet and confer regarding out of classification pay
and /or special classification adjustments to be effective July 1, 1981.
e. If the Town converts from a manual to a computerized payroll system,
employees represented by AFSCME may be paid at biweekly rather than monthly inter-
vals, if the majority of all Town employees so desire.
B. Supplemental Benefits
11. Effective July 1, 1980, the Town shall contribute the amount of group
medical insurance premium up to a maximum of $123.00 per month per employee for
employee and dependent coverage. Effective July 1, 1981, the Town shall con-
tribute the amount of group medical insurance premium up to a maximum of $130.00
per month per employee for employee and dependent coverage. Contributions will
be made to either the (1) Group Medical and Hospital Service Agreement, by
Kaiser Foundation Health Plan, Inc., Plan "S "; or (2) Group Benefit Agreement
No. 8774, by Blue Cross of Northern California, Foundation Plan.
12. Effective July 1, 1980, the Town shall increase its contribution to
the Town Dental Plan to $18.00 per employee per month. Effective July 1, 1981,
the Town shall increase its contribution to the Town Dental Plan to $20.00 per
employee per month.
13. Effective July 1, 1980, the Town will increase the annual uniform
allowance for employees represented by AFSCME to $175.00.
14. Effective July 1, 1980, working hours for employees represented by
AFSCME will be from 7:00 A.M. to 3:30 P.M. with lunch period and breaks included.
a. Lunch period shall be thirty minutes, from 11:30 A.M. to 12:00 noon,
and will be taken at the job site or nearest public facility unless otherwise
designated by the Supervisor.
b. Two fifteen - minute work breaks will be allowed per eight -hour shift.
Breaks will be taken at approximately mid -shift morning and afternoon. Breaks
will be taken at the job site or nearest public facility, unless otherwise
designated by the Supervisor.
15. Effective July 1, 1980, up to three days per year of an employee's
sick leave may be used for personal business. Useage is limited to appoint-
ments /activities which are (1) essential and (2) must be conducted during
business hours. Examples of eligible uses for personal leave include (a) business,
court, and personal appointments; (b) car repairs; (c) personal errands. The
examples are nonexclusive. Decisions as to the use of personal leave rest with
the employee's supervisor, subject to the normal grievance procedure.
16. All other supplemental benefits provided for in the Personnel Rules on
June 30, 1980, shall remain in effect for the term of this Memorandum of Under-
standing.
ARTICLE V
Miscellaneous
17. The Town will hire a consulting firm to conduct a comprehensive classi-
fication study of the Corporation Yard Unit. The Town will consult with employees
represented by AFSCME regarding the selection of the consulting firm.
18. The Town has rewritten Personnel Rule 19, entitled "Grievance Proce-
dures," to clarify it. The new text of Personnel Rule 19 is attached to this
Memorandum of Understanding.
19. No earlier than February 1, 1982, and no later than March 1, 1982, the
recognized representative of the Unit shall provide the Town with its written
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requests on items within the scope of representation for the period beginning
July 1, 1982. The parties shall begin to meet and confer no later than
March 31, 1982.
DATED: �/ TOWN OF LOS GATOS
By :1 �,_
WILLIAM H. AVERY
Representative, Town k
( i
DATED: ' 2 i E AMERICAN FEDERATION OF STALE COUNTY
AND MUNICIPAL EMPLOYEES
By:
F usinCALLAHAN
ess Aaent
M.,
0
C
Rule 19
GRIEVANCE PROCEDURES
PURPOSE
To provide an orderly procedure for settling employee grievances at
the earliest possible time.
MATTERS SUBJECT TO GRIEVANCE PROCEDURE
An employee may use the grievance procedure to contest any decision
made by his supervisor, department manager, or appointing power, which
affects his employment.
GRIEVANCE PROCEDURE
An employee who has a grievance should first try to resolve it informally
through discussion with his immediate supervisor. If the grievance cannot
be resolved informally, the employee may take the following steps until a
resolution is reached. The employee may be represented at any or all
stages of this grievance process by a representative of his employee
organization.
1
2
A statement of the grievance should be submitted to the next higher
supervisory level. This may be done orally or in writing. The
supervisor to whom the grievance is submitted will respond within
two weeks in writing, stating his proposed resolution of the grievance
and the reasons for it.
If the employee still feels that he has a grievance, he may take
the grievance to the next higher supervisory levels, in order, up
to the department manager, following the procedures in #1 above. If
Rule 19 (cont.)
GRIEVANCE PROCEDURES
the matter cannot be resolved by a supervisor at any level, it
is the supervisor's responsibility to assist the employee in
taking the grievance to the next level.
3. If the grievance has not been settled at any supervisory level
up to and including the department manager, the employee may
submit his grievance in writing to the Town Manager. The Town
Manager will schedule a meeting with the employee within two
weeks of receipt of the grievance. Within two weeks of the meeting.
the Town Manager will give the employee a written statement of his
decision and the reasons for it. The Town Manager's decision will
be final, unless the grievance involves a matter subject to appeal
to the Personnel Board.