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1984-101-Authorizing The Town Manager To Execute A Memorandum Of Understanding Between The Town Of Los Gatos And AFSCME Local No. 101RESOLUTION NO. 1984 -101 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS and AFSCME LOCAL NO. 101. BE IT RESOLVED by the Town Council of the Town of Los Gatos, California, that the Town Manager is hereby directed and authorized to execute a Memorandum of Understanding between the Town and the American Federation of State, County and Municipal Employees ( AFSCME) Local No. 101. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos, California, at a regular meeting held this 18th day of June , 1984, by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILME SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GAT ME :ANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101, CORPORATION YARD UNIT THIS AGREEMENT, SIGNED ON 1984, IS ENTERED INTO AS OF JULY T, T984, BETWEEN THE TOWN OF LAS GAi , HEREINAFTER REFERRED TO AS THE "TOWN ", AND AFSCME LOCAL 101, 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 Union, 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: David Mora Town Manager Na ine Levin Assistant Town Manager Ro er ryant Town Negotiating Team Aldo 7ordano Town Negotiating Team FOR THE UNION: Howard -M7 Piffith, Jr. AFSCME Local 101 Business Agent Fred ross Union President William Hayes Union Negotiating Team Page 1 2. 3. 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 by the 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 parties 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. Scope of Representation. The Union shall represent employees of the Town filling permanent full -time and part -time positions as authorized in the position control resolution for the following classifications: Building Maintenance Worker I /II /III Equipment Mechanic Equipment Operator Lead Tree Trimmer /High Climber Maintenance Worker I /II /III Park Maintenance Worker I /II /III Sweeper Operator Tree Trimmer /High Climber Utility Services Worker Any new classifications created in the Town workforce shall be assigned to bargaining units pursuant to the Town Resolution 1974 -41. Union Rights. 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. 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. Upon request of an employee covered by this agreement, the Steward and /or Union representative shall be present during meetings involving the individual employee and disciplinary matters. To the extent possible, disciplinary and grievance matters affecting employees shall be considered during normal working hours and with pay. Page Z Union Rights (continued). 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. The Union shall have the right to use the Corporation Yard Bulletin Board and employee mailboxes for posting and distribution of Union materials. 4. Management Rights. The Union recognizes that the rights of the Town include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set the 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 of job classifications; take all necessary action to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 5. Town Employer - Employee Relations Resolution The Union and the Town recognize the existing language in Town Resolution 1974 -41 as it governs all aspects of labor relations in the Town. 6. Affirmative Action. The Union and Town support both affirmative action and equal employment opportunity programs. 7. 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 or activity on behalf of the Union, marital status, sexual preference, or pregnancy. Page 3 8. Dues Deduction. The Town agrees to deduct the Union membership dues from the pay of those Union members who individually request in writing that such deductions be made. Town shall submit to the Union a list of employees who have had dues deducted; new list to be supplied only when there has been a change in the individuals who have dues deducted. The amount to be deducted shall be certified to the Town by the Union. The Union shall submit to the Town a list of all Union members and shall hold the Town harmless and indemnify the Town for any liability incurred in the dues deduction process. 9. Term. The term of this agreement shall be from July 1, 1984 to June 30, 1986. 10. Compensation. Effective July 1,1984, the salary schedules attached as Appendices A and B shall be in effect. Effective July 1, 1984, the Town shall pay 6.5% of each employee's salary to be credited to the employee paid portion of PERS. Effective July 1, 1985, the Town shall pay 7.0% of each employee's salary to be credited to the employee paid portion of PERS. Additionally, the salary schedule detailed in Appendix B shall be increased by 5.2 %. 11. PERS Benefits. There shall be no change in PERS benefits or the rate of Town contribution to PERS in effect July 1, 1984. 12. Town Retirement Plan. The Town and Union agree that the total percentage of employee salary contribution of the Town to the Town Retirement Plan shall be equal to the Town percentage of employee salary contribution to the Public Employees' Retirement System (PERS). There will be no additional Town contribution of any type to the Town Retirement Plan. The article shall only take effect if all Town bargaining units agree to similar language. Page 4 13. Uniform Allowance. Initial amount of $175 paid with the first paycheck received by employee; $175 per year thereafter in a separate paycheck distributed in January of each calendar year. Union recognizes Town right to specify uniform and require that employees be in proper uniform at all times. 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. 14. Insurance Programs and Rate of Town Contribution. Dental: maintain Town Dental Plan with $20 per month participation level. Dental Plan reimbursement shall take place three times annually. Medical: Town to provide Blue Cross, Kaiser, or Lifeguard insurance programs. Life: coverage shall be $50,000 plus $50,000 ADA. Disability: policy effective 31st calendar day; coverage of 60% of salary up to maximum of $5,000 /month. Employee assistance program premium to be paid by the Town. Unemployment Insurance premiums to be paid to State Fund by the Town. 15. Family Medical Insurance Premiums. In lieu of the cafeteria benefit program (Item 16), the Town will provide payment of medical insurance premiums equal to the cost of the least cost family medical insurance program offered by the Town. The determination as to whether this benefit is provided must be made on an individual basis upon employment with the Town and between June 1 and June 75 of each year thereafter. Employees opting for this medical insurance coverage will not participate in the Cafeteria Benefit Program. 16. Cafeteria Benefit Program. Benefits available in the local health club members choosing to use cafeteria medical premiums from the the cafeteria benefits to memberships. cafeteria program include medical insurance, iip, and deferred compensation. Employees benefits for medical insurance must pay all cafeteria allocation prior to any allocation of either deferred compensation or health club Page 5 16. Cafeteria Benefit Program (continued). Allocation available per employee shall be $1850.34 per year. Allocations shall be made for individual positions based on the Salary and Position Control Resolution. Full -time employees shall receive 100% of the cafeteria allocation; part -time employees shall receive 75 %; half -time employees shall receive 50 %. 17. Payroll periods. The Town and Association agree that a biweekly payroll period shall be instituted no later than January 1, 1985 subject to the following conditions: (1) Employee pay shall not be withheld more than seven (7) calendar days; and (2) All Town employees shall be compensated on a biweekly basis. Effective no later than January 1, 1985, the Town shall provide an optional automatic check deposit system for use by employees at a local (Los Gatos) financial institution. The automatic check deposit at Commonwealth Credit Union shall continue to be available to all employees. 18. Payroll Checks. Payroll deductions shall appear on paychecks and be current to the latest payroll period. Leave balances shall appear on paychecks and be current through the previous payroll period. 19. Deferred Compensation. The Town shall continue to provide a deferred compensation program. 20. Mileage. Employees who are required to use personal vehicles in the conduct of official Town business shall be compensated at the Town approved mileage reimbursement rate for actual use of vehicle on official business. 21. Tuition /Registration Reimbursement. The reimbursement program shall include costs for tuition and registration for educational opportunities including college and university courses, lectures, demonstrations and other job - related training subject to the following: 21. Tuition /Registration Reimbursement (continued) (1) maximum reimbursement of $300 per employee per calendar year; (2) preparation for classes to be done on employee's own time; (3) employee must request and receive advance written authorization from his /her department head; (4) reimbursement shall take place only after successful completion of the course or training. Participation in and successful completion of courses may be considered by the Town in making assignments and promotions. Evidence of such training may be submitted by the employee for filing in his /her personnel file. 22. 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 working an employee out of classification will occur only to meet the work requirements within the Town and that such out -of- classification work will terminate after ten (10) WORK days in any one calendar year, or if extended beyond ten (10) WORK days, the employee shall be compensated retroactively at the rate of the higher classification while the out of classification work continues subject to the right of the employee to waive this provision based on personal career development. Out -of- classification pay shall be a minimum five percent (5 %) above the employee's regular salary. For purposes of this section, an out of classification assignment is defined as the full time performance of the significant duties of an authorized, full time, funded, permanent position in another classification. "Significant duties" shall be as defined in the "examples of work" section of the appropriate job specification. Town shall post cumulative out -of- classification hours of employees following each payroll period. 23. Work Schedule. Standard workday shall be 8.5 consecutive hours including a 15- minute morning and a 15- minute afternoon work break, and a thirty (30) minute lunch break. The standard workday shall begin at 7:OOAM and end at 3:3OPM. Lunch shall be taken at job site or closest Town facility, subject to supervisory discretion. Minimum seventy -two (72) hours notice will be provided by the Town for non - emergency changes in schedule. Non - overtime work begun prior to 5:OOAM shall receive additional compensation of $7.50. Non - overtime work begun between 5:OOAM and 5:30AM shall receive additional compensation of $5.00. Page 7 23. Work Schedule (continued). Parks Department employees who work the summer ten 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, Town shall assign the summer ten (10) day schedule on a rotational basis. 24. Overtime. All overtime to be scheduled pursuant to the needs of the Town. Overtime shall first be made on on a volunteer basis. In the absence of volunteers, the Town shall assign overtime. Overtime shall be compensated at the rate of time and one -half. Compensation shall be as accumulated overtime or payoff at management discretion. The maximum accrued OT accumulation shall be fifty (50) hours. A minimum three (3) OT hours shall be provided for any callback. All employee accumulated overtime shall be cashed -out the last pay period of each fiscal year. The Town shall, to the best of its ability and subject to scheduling needs of the Town, make every effort to accomodate employee requests for compensatory time off. 25. Standby. 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. Standby assignments shall be compensated at the rate of four (4) hours of straight time pay for every twenty -four (24) hours of assignment. Assignments of standby duty for more 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. 26. Emergency 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 periods shall be considered as compensated time. Page 8 27. Notice of Vacancies. Job vacancies shall be posted on the Corporation Yard Bulletin Board for at least ten (TO) working days. 28. 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 subject to not exceeding the highest step in the range of the higher classification. 29. Probationary Period. The probationary period shall be six (6) months for all newly hired employees and employees receiving promotions ; the probationary period may be extended an additional six (6) months by the Town. 30. Sick Leave. Sick leave shall accrue at the rate of eight (8) hours per month. The maximum accumulation of sick leave hours shall be 1200 hours. The Town may require doctor's statement as proof of illness for any use of sick leave beyond one work day as a condition of payment. For the twelve (12) month period from December 1 to November 30 employees may at their individual discretion cash out accumulated sick leave as follows: Sick Leave Use Eligible for 12/1 to 11/30 Cash Out 0 -12 hrs. 6 days @ 75% value 13 -24 hrs. 6 days @ 2/3 value 25 -32 hrs. 6 days @ 50% value In order to be eligible for the annual sick leave cash out program, an employee must have a sick leave accrual balance of at least fifteen (15) days on November 30 of the year cash out is taken. Page 9 31. Vacation Schedule. All employees represented by the Union shall accrue vacation on the following basis: Employment 0 to 36 months 37 to 60 months 61 to 180 months 181 months & over Maximum accrual of 344 hours. Accrual Rate 10 days per year 15 days per year 20 days per year 25 days per year Vacations shall be scheduled pursuant to the needs of the Town, then on a seniority basis by classification. An employee may interrupt or terminate vacation leave in order to begin paid sick leave or bereavement leave provided that he /she furnishes adequate notice and supporting information regarding the change in leave status. 32. Holidays. The following shall be observed as paid holidays for employees represented by the Union: January 1st. 3rd Monday in January. the 3rd Monday in February. the last Monday in May. July 4th. the first Monday in September. Thanksgiving Day. the Friday following Thanksgiving Day. December 25th. four (4) hours each on December 24 and December 31. every day declared a holiday by the President or Governor. 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. Employee required to work on an observed holiday shall receive holiday pay plus overtime compensation for hours worked. 33. Personal Leave. Sixteen (16) hours per calendar year; non - cumulative; no cash value. Effective July 1, 1984, all employees shall be credited with eight (8) hours personal leave. Page 10 34. Bereavement Leave. Maximum of five (5) paid days for death in immediate family -- immediate family includes parent, grandparent, child, spouse, sibling, by blood or marriage. 35. Military Leave. Full salary and benefits for up to two (2) weeks per year with proper documentation on orders submitted to the Town. Employee shall reimburse the Town the amount of all military pay received during any period of time when Town compensation is provided while on military leave. 36. Disaster 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). 37. Leave Without Pay. Leave without pay shall be subject to approval of the Town Manager. 38. Vacation and Overtime Cash -out. Employees who terminate from Town service shall have all accrued vacation and overtime cashed -out subject to the provision that employees who resign must provide the Town with a minimum two (2) week written notice of resignation. 39. Accrual of Benefits. No accrual of benefits during unauthorized leave, suspension, or leave without pay. 40. Jury Duty. An employee required to serve as a trial juror or an expert witness (expertise related to Town employment) shall have his /her salary and benefits continued; employee turns over to the Town any compensation (other than travel related) from the courts or other source for jury duty. 41. Outside Employment. Outside employment shall be subject to approval of the Town Manager. Page 17 42. Personnel Files. In accordance to State law, employees shall have the right to review all materials in their individual personnel files. 43. Safety Committee. Union shall encourage its members participation in the Town -wide Safety Committee. 44. Safety. The Town shall continue to comply with all applicable State rules and regulations relative to safety. 45. 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. 46. 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 plus the difference between State mandated benefits and the individual's net (excluding overtime) 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. Pursuant to the Town disability insurance policy, employees shall receive the disability insurance effective the 31st day of disability. 47. Seniority. 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. 48. Layoff Policy. A minimum thirty (30) calendar notice shall be provided to employees. Layoff shall be based on "performance" as well as seniority on an equal 50/50 basis. Layoff shall be by classification. Affected employees who are qualified to do so shall "bump" down to previously held classifications in the Town. Page 72 48. Layoff Policy (continued). 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 (7) 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: 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 mutiplied 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. 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. The Town shall develop and maintain in the Town Personnel Office a layoff list 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. 49. Performance Evaluation System. Town and Union agree that the current performance evaluation system is in need of review and revision in order to assure a consistent and equitable system. Therefore, the Town shall complete a review of its performance evaluation system within sixty (60) days from the effective date of this Agreement. Page 13 49. Performance Evaluation System (continued). It is agreed that the Town and Union shall negotiate the "process" elements of of the performance evaluation system. "Process" elements shall include at least the following: 1. Need for dialogue in the evaluation process. 2. Frequency of evaluations. 3. Tracking performance over an entire year's period of time. 4. Methodology of the performance review. "Non- process" elements of the evaluation system shall be determined by the Town and shall include all criteria for evaluation. In the event that the Town and Union cannot reach a mutually acceptable settlement of the negotiations, then the Town shall implement necessary amendments to the evaluation consistent with the concerns expressed during negotiations by the Union. 50. 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, probationary terminations and 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 accordance with the procedure contained herein within thirty (30) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. This statute of limitations shall not apply to probationary employees. Page 14 50. Grievance Procedure (continued). The parties agree that all grievances will be processed in accordance with the following procedure: Any employee who has a grievance shall first try to get it settled through discussion with his /her immediate supervisor without undue delay. Every effort shall 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 satisfactorily resolved, he /she may file a formal appeal in writing to his /her department head within ten (10) calendar days after receiving the informal decision of his /her immediate supervisor. 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. 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 Ranger appeal levels. Employees may be represented by counsel, Union representative, Union steward or other person at any stage in the grievance process. 51. Comprehensiveness of Agreement. Town and Union agree that this agreement represents all salary, wages, and fringe benefits subject to negotiation and available to employees. Appendix A TOWN OF LOS GATOS SALARY SCHEDULE (Effective July 1, 1984) Classification Building Maintenance Worker I Building Maintenance Worker II Equipment Mechanic Equipment Operator Lead Tree Trimmer / High Climber Maintenance Worker I Maintenance Worker II Maintenance Worker III Parks Maintenance Worker I Parks Maintenance Worker II Parks Maintenance Worker III Sweeper Operator Tree Trimmer / High Climber Utility Services Worker C -1 C -5 C -12 C -12 C -10 C -1 C -5 C -10 C -1 C -5 C -10 C -7 C -7 C -2 Appendix B TOWN OF LOS GATOS SALARY SCHEDULE (Effective July 1, 1984) Range Step A Step B Step C Step D Step E Step F C -1 1392 1462 1535 1612 1693 1778 C -2 1427 1498 1573 1652 1735 1822 C -3 1462 1535 1612 1693 1778 1868 C -4 1498 1573 1652 1735 1822 1915 C -5 1535 1612 1693 1778 1868 1963 C -6 1573 1652 1735 1822 1915 2012 C -7 1612 1693 1778 1868 1963 2062 C -8 1652 1735 1822 1915 2012 2114 C -9 1693 1778 1868 1963 2062 2167 C -10 1735 1822 1915 2012 2114 2221 C -11 1778 1868 1963 2062 2167 2277 C -12 1822 1915 2012 2114 2221 2334