1997-005-Approving Memorandum Of Understanding Between The Town And AFSCME Local 101RESOLUTION 1997 - 5
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS
GATOS AND AFSCME LOCAL 101
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town Manager is authorized to sign the Memorandum of Understanding
on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 21st day of January, 1997 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck
Mayor Joanne Benjamin.
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED:=t
MAYOR OF THE TO O LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA
ML.._ORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
AFSCME LOCAL 101, CORPORATION YARD UNIT
towN ERR
AGR:
THIS AGREEMENT, SIGNED ON FEBRUARY 4, 1997, IS ENTERED INTO AS OF JULY
1, 1996 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 1HE TOWN:
James W,-,Piper
Ass' nt Town Manager
Y C/
Michael La Rocca
Town Negoffang Team
Town Negotiating Team
FOR AFSCME:
Smith 2 , t_ �'– —�
Union Negotiating Team
Tim Cash
Union Negotiating Team
Robert Moulden
Union Negotiating Team
Ci :L
Union Negotiating Team
Town Negotiating Team
ATTEST: ,^
MARIAN' ., ~ SGROVE
TOWN CL Ei K
AFSCME LOCAL 101, CORPORATION YARD UNIT
TABLE OF CONTENTS
Section
Lik
Page
1.
Purpose ..........................................
1
2.
Term
1
3.
Union Rights .......................................
1
4.
Union Membership and Payroll Deductions ...................
2
5.
Management Rights ...................................
2
6.
Town Employer - Employee Relations Resolution ...............
3
7.
Affirmative Action
3
8.
Non - Discrimination
3
9.
Compensation ........ ..............................3
to.
Out-of-Classficiation Pay ...............................
4
it.
Payroll Practices .....................................
4
12.
PERS Benefits
5
13.
Insurance Programs and Rate of Town Contribution ..............
5
14.
Family Medical Insurance Premiums ........................
6
15.
Cash Allocation Plan
6
16,
Flexible Spending Account ..............................
6
17.
Deferred Compensation ................................
6
18.
Uniforms
7
19.
Mileage ..........................................
8
20.
Work Schedule
8
21.
Overtime .........................................
10
22.
Call Back
11
23.
Standby ..........................................
11
24.
Emergency Work ....................................
12
25.
Vacation Schedule ....................................
12
26.
Vacation Checks .....................................
12
27.
Vacation and Compensatory Time Cash-out ...................
13
28.
Sick Leave ........................................
13
29.
Holidays ..........................................
14
30.
Personal Leave ......................................
14
31.
Maternity Leave/Family Leave/Medical Leave .................
15
32.
Catastrophic Time Bank ................................
15
33.
Bereavement Leave ...................................
15
34.
Military Leave ......................................
15
35.
Personal Emergency Leave ..............................
15
36.
Jury Duty .........................................
15
37.
Leave Without Pay ...................................
16
38.
Accrual of Benefits ...................................
16
39.
Notice of Vacancies ..................................
16
40.
Promotions ........................................
16
41.
Probationary Period ..................................
16
42.
Outside Employment ..................................
17
43.
Attendance ........................................
17
44.
Personnel Files ......................................
17
12� LE OF CONTENTS - Continued
45.
Performance Evaluations ...............................
17
46.
Seniority ........... ...............................
18
47.
Layoff Policy ........ ...............................
19
48.
Contracting Out ...... ...............................
20
49.
Safety Committee ..... ...............................
20
50.
Safety ............... .............................20
51.
Physical Examinations and Tests ..........................
20
52.
Workers' Compensation . ...............................
20
53.
Grievance Procedure ... ...............................
21
54.
Comprehensiveness of Agreement .........................
22
55.
Bonus Pool ......... ...............................
22
56.
Labor - Management Committee ...........................
22
APPENDICES
A. Scope of Representation . ............................... A -1
B. Salary Schedule (Classification and Salary Rnages) ............... B -1
C. Bi- weekly Salary Schedule .............................. C -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 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.
2. Term
The term of this agreement shall be for two (2) years commencing on July 1, 1996 and
terminating on June 30, 1998.
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 Premise
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.
f. 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. 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 Union shall certify in writing to the Town any changes in the amount of membership
dues or service fee.
The Union shall indemnify and hold harmless the Town of any claim made and against any
lawsuit instituted against the Town as a result of the implementation of Section 4.
5. 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 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
2
which government operations are to be conducted; determine the content of job
classifications; take all necessary action to 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.
6. 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.
Any changes in Resolution 1974 -41 which apply to AFSCME Local 101 will be made after
meeting and consulting with the Union.
7. Affirmative Action
The Union and Town support both affirmative action and equal employment opportunity
programs.
8. 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 orientation, or physical or mental
condition.
a. General Provisions Regarding Americans With Disabilities Act
1. Because the ADA requires accommodations for 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 legal 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. Any accommodation provided to an individual protected by the ADA shall
not establish a past practice.
9. Compensation
Compensation for classifications covered by this Agreement shall be as set forth in
Appendices B and C, incorporated herein and attached hereto.
3
10. Out -of- Classification ay
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 two ranges, approximately 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.
11. Payroll Practices
a. Payroll Periods and Availability of Checks
The Town and the Union agree that a biweekly payroll period will be used and all
Town employees shall be compensated on a biweekly basis.
Employee pay 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
Friday) of paychecks. This may also occur at the end of the fiscal and calendar
year.
Every effort will be made to make paychecks available to employees as soon as
checks are signed and ready for distribution; and
b. Automatic Deposit
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.
C. Deduction and Accrual Information
Payroll deductions and leave balances shall appear on paychecks and be current to
the latest payroll period.
Cl
12.
1191
PERS Benefits
a. 2% at 5
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.
Insurance Programs and Rate of Town Contribution
a. Dental - The Town will provide payment of family dental premiums for Delta
Dental Plan.
b. Medical - Effective August 1, 1991, 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 $1,155 /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 $5,000 /month.
e. Vision - The Town to provide up to $120.00 per family for annual reimbursement
for the cost of eye glasses, frames, eye exams, contact lenses and related
expenses. This program will apply to the employee and immediate family
(spouse and unmarried children under the age of 19 who are living at
home, or under 23 years of age and full -time students). Employees shall
use any medical coverage provided by their medical carrier prior to
requesting Town reimbursement. Amounts not used from the
reimbursement account shall not be carried forward beyond the fiscal year
ending June 30 of any year. Effective January 26, 1997, this program shall
be discontinued, and the annual benefit amount shall be converted to base
salaries as reflected in Appendices B and C attached hereto and made a part
hereof.
f. Employee
Assistance
Program - Premium to be paid by the Town.
Town to provide paid release time for periodic training related to the
employee assistance program with such training to be mandatory and the
5
14.
15.
16.
IVA
topics iv be selected by the Town.
g. Unemployment
Insurance - Unemployment insurance to be provided by the Town.
Family Medical Insurance Premiums
In lieu of the Cash Allocation Plan (Section 15) the Town will provide payment of medical
insurance premiums equal to the cost of Kaiser North 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 individual 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 14) the Town will provide
an allocation per employee of $5,050.32 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 30 day
open enrollment period which will normally be during October of each year.
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.
C. Deferred Compensation (457) Plan
Any portion of the cash allocation may be placed with the Town's approved
deferred compensation carrier.
Flexible Spending Account
The Town will provide a Flexible Spending Account (FSA) Program. This program will
be in accordance with Section 125 of the IRS code. This program shall be eliminated at
such time as there is concurrence from the other employee Town organizations.
Deferred Compensation
The Town shall continue to make a Deferred Compensation program available to
31
employees. The Town .nakes no representation on the merit of Lne 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.
18. Uniforms
a. Uniform Allowance
Effective January 1, 1995, uniform allowance will be increased to $300 per year.
Newly hired employees shall receive a prorated uniform allowance during their
first year of employment, except that employees hired after July 1 of the year shall
receive a minimum of 50% of the first year's allowance. The uniform allowance
payment shall be paid in the same paycheck .
Effective January 1, 1997, the uniform allowance shall be increased to $320, and
shall be administered as follows:
1. Effective as soon as practicable after January 1, 1997, each employee shall
receive $160 as a lump -sum uniform allowance. Employees hired between
January 1, 1997 and June 29, 1997, shall receive a pro -rata portion of this
sum.
2. Effective June 29, 1997, the uniform allowance, valued at $320 per year
or $12.31 per bi- weekly pay period, shall be converted and added to base
wages; such addition shall occur before the calculation of the wage increase
to be effective that date. The resulting total wage figure is reflected in
Appendices B and C, incorporated herein and attached hereto. Of each
salary listed in Appendix C, for June 29, 1997, the base figure of $12.74
per pay period, and is increased in subsequent agreements by increases to
base wages, shall be attributable to employee uniform cost.
b. Other 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. The provisions in this paragraph shall not affect
or reduce salary or that portion of salary that is attributable to uniform costs.
C. Safetyyquipment
7
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. Mileage
Employees who are required to use personal vehicles in the conduct of official Town
business shall be compensated at the rate in effect for the State of California and shall be
automatically adjusted in accordance with that rate on July 1 of each year, except that the
rate shall not exceed the IRS limit for reportable income. At the time of execution of this
agreement, the rate was 24 cents per mile.
20. Work Schedule
a. Standard Work Day
The standard workday shall be 8.5 consecutive hours including a 15- minute
morning and a 15- minute afternoon work break, 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.
c. Early Start Pay
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 Department employees who work the summer ten (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. Special Events
H
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, the Town agrees to meet in good faith to attempt to resolve any
hardships caused by a change in work week.
g. 4 -10 Proposal for 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.
h. Work Schedule and Holidays
1. When Holiday is Taken Off
Employees will receive eight hours of regular pay when scheduled to have
the holiday off (8 hours total). If the 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 Holies
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
9
workday, the employee will receive eight nours 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).
Holidays Observed - Holiday compensation of any form shall only be paid
on holidays observed under Section 29 - Holidays. Employees will only be
paid for one of the following:
If 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. Schedulin¢ - 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.
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. 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. The maximum accrued compensatory time accumulation shall be sixty
(60) hours.
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.
[I]
d. Ca - u
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 December. The employee may apply compensatory time cash -out to
Deferred Compensation, so long as applicable law permits.
22. Call Back
Call 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 -back shall be three (3) hours at the overtime rate with such three -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 original three -hour period. If two hours and
forty-five minutes of the original three -hour period expires before the employee is notified,
then a new three -hour minimum shall go into effect. This section also applies to
employees on stand -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.
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 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.
11
R,I
25
26.
C. El' ili - Empioyees who can respond within a reasonaute time period (i.e., 40
minutes on average) shall be eligible for standby duty regardless of where they
reside. The Department Head shall qualify employees for standby duty by
ascertaining that travel to standby assignments can be accomplished safely.
An employee who meets the above requirement, and whose work 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 - Management Committee 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 Public Works employees during their first year of employment,
who are not assigned to the Sewer Department.
Emergency Work
In the event that emergency work should mandate that employee work during regular meal
hours, time taken by employees and scheduled by the Town for meal period shall be
considered as compensated time.
Vacation Schedule
The following vacation schedule shall apply to all employees:
Month of Employment
0 to 36 months
37 to 60 months
61 to 120 months
121 to 180 months
181 months and over
Accrual Rate
10 days per year - 3.08 hours per pay period
16 days per year - 4.92 hours per pay period
21 days per year - 6.46 hours per pay period
23 days per year - 7.08 hours per pay period
25 days per year - 7.70 hours per pay period
Maximum accrual of vacation hours shall be 384 hours. Effective June 30, 1998, the
maximum accrual of vacation hours shall be 320 hours; by that date, accrued hours in
excess of that figure must have been used, or these hours shall be paid to the employee in
the following payroll check.
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.
12
27. Vacation and Compen a ory 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 employee of the Town. All represented employees
will be eligible to cash out 100% of accrued vacation and compensatory time twice per
year in May and November. Such monies will be included in the first payroll check of
June and December. 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 1200 hours. Effective January 26,
1997, the maximum accrual of sick leave hours shall be 1000 hours, except that
employees who, on that date, had accrued sick leave balances greater than 1000
hours shall be permitted to retain all hours accrued for use or conversion at
retirement, but shall not accrue further hours until their accrued hours are below
the 1000 hour ceiling.
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 150 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.
13
d. Sick Leave Conversion at Retirement - All employees who retire may convert
100% 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
employee'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 survivor shall 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.
29. 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, 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. Of the twenty -four (24) hours annually, the
employee may take twelve (12) hours without prior notice and twelve (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 will
be considered an emergency under Section 20 (Work Schedule) and will not result in
penalty to the Town.
14
31
32.
01
ME
35.
36.
Maternity Leave /Family Leave /Medical Leave
The Town recognizes that State Government Code 12945 requires the recognition of
maternity as a bona fide non job related disability with applicable leave benefits. The
Town also recognizes State Government Code 12945.2 and amendment of Chapter 827 and
Federal Government Code 29 regarding 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.
Catastrophic Time Bank
If an employee, spouse or significant other, or employee's 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 other employees to donate accrued CTO,
holiday, vacation, or sick leave to the requesting employee in accordance with
Departmental policies to be developed.
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, and relatives by blood
or by marriage living at the same address as the employee.
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.
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.
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; the employee shall
turn over to the Town any compensation (other than travel related) from the courts or
other source for jury duty.
15
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.
38. Accrual of Benefit
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 of a 2
range, approximately five (5 %) percent, increase in salary which salary 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.
16
42. Outside Em loo, ment
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.
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
Employees 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 all
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 eligible.
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.
17
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.
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 worker at 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 copy filed 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. 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.
Seniority will be a factor in determining vacation use.
M
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.
47. Layoff Policy
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 Union'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 attempt to
solve any temporary expenditure 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 50150 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. E=Ioyees 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.
M,
b. Employees Wing 5 Years. of Service or More
Layoffs shall be based upon date of hire seniority.
For both of the above categories, the Town shall develop 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. Contracting Out
No bargaining unit employees shall be laid off as a result of the Town entering into a
contract with any outside parry.
49. Safety Committee
Union shall encourage its members participation in the Town -wide Safety Committee.
50. Sa t
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.
51. 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.
52. 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.
Pursuant to the Town disability insurance policy, employees shall receive the short term
disability insurance effective the 8th day of disability and the long term disability insurance
effective the 91st day of disability.
20
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 a non - 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.
53. 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.
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 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.
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.
21
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.
54. Comprehensiveness of Agreement
Town and Union agree that this agreement represents all salary, wages, and fringe benefits
subject to negotiation and available to employees.
55. Bonus Pool
A bonus pool shall be in effect and renewed for each subsequent fiscal year at the rate of
1 % of bargaining unit wages. For each quarter that the unit meets performance goals,
one - fourth of the year's bonus pool shall be distributed equally to all unit members. The
criteria for payment of the quarterly bonus shall be achievement by the unit of 100% of
the Quarterly Workload and Performance Indicators for the Department.
56. Labor - Management Committee
Effective with the signing of this agreement a Labor - Management Committee shall be
established that shall be charged with the responsibility for working out the details for the
implementation of the following issues: 1) Inter - Divisional Cross Training - a) Criteria
shall include that the cross training be voluntary and that monetary compensation shall be
provided for employees who participate. The Committee shall be able to modify or
expand upon the criteria during their deliberations as needed; b) The Committee shall also
discuss this issue as it relates to the timing and method of training any volunteers for the
Standby Pool; 2) Educational Incentive Program - Criteria shall include a two -step
increment of $250.00 (i.e. $500.00 maximum) that is payable to employees on an ongoing
basis upon the completion of a program of courses from a list of approved courses
developed by the Committee; 3) Departmental Seniority - Investigation of options for
implementing a departmental seniority system if it is mutually acceptable to the
Department and the Union; and 4) Layoff Policy - Reviewing department seniority, job
flexibility and performance evaluation (new language agreed upon by the committee will
be presented to AFSCME membership and the Town Council for immediate
implementation). The target date for completion of the Committee's work shall be during
the second year of the agreement (i.e. July 1, 1997, to June 30, 1998), except for issue
1. b), which shall be as soon as practicable after the execution of this Memorandum of
Understanding. In addition to the above, the Committee shall review and make
recommendations on the Quarterly Workload and Performance Indicators as they are
developed, and shall meet on any other issues where the parties agree that joint discussion
would be productive.
22
APPENDIX A
AFSCME Bargaining Uni t
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 I /II /III /IV
Park Maintenance Worker I /II /III /IV
Sweeper Operator
Tree Trimmer /High Climber
Facilities Coordinator
Any new classifications created in the Town work force shall be assigned to bargaining units
pursuant to the Town Resolution 1974 -41.
Classification:
Equipment Mechanic
Town Arborist
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Maintenance Worker IV
Parks Maintenance Worker I
Parks Maintenance Worker II
Parks Maintenance Worker III
Parks Maintenance Worker IV
Sweeper Operator
Tree Trimmer /High Climber
Facilities Coordinator
A -1
APPENDIX B
TOWN OF LOS GATOS
SALARYSCHEDULE
(Effective January 26, 1997)
Range
813
813
802
806
811
815
802
806
811
815
808
808
811
B -1
APPENDIX C
TOWN OF LOS GATOS
SALARY SCHEDULE
(Effective July 1, 1996)
Ranee
Step 1
Ste
Step 3
Steo 4
&Q-5-
Step 6
803
12.34
12.96
13.61
14.30
15.02
15.78
804
12.64
13.27
13.94
14.64
15.39
16.17
805
12.95
13.60
14.30
15.02
15.78
16.58
806
13.27
13.94
14.64
15.39
16.17
16.99
808
13.94
14.64
15.39
16.17
16.99
17.85
811
15.02
15.78
16.58
17.42
18.30
19.23
813
15.78
16.58
17.42
18.30
19.23
20.22
814
16.57
17.40
18.27
19.18
20.14
21.15
C -1
APPENDIX C
TOWN OF LOS GATOS
SALARYSCHEDULE
(Effective January 26, 1997)
Ranee
Stell
Step 2
&Ql
Steu 4
Ste
Stems 6
806
14.06
14.76
15.50
16.27
17.08
17.93
808
14.76
15.50
16.28
17.09
17.94
18.84
811
15.90
16.69
17.52
18.40
19.32
20.29
813
16.71
17.55
18.43
19.35
20.32
21.34
815
17.50
18.37
19.20
20.25
21.26
22.32
(Effective June 29, 1997)
806
14.72
15.46
16.23
17.04
17.89
18.78
808
15.44
16.21
17.02
17.87
18.76
19.70
811
16.62
17.45
18.32
19.24
20.20
21.21
813
17.46
18.33
19.25
20.21
21.22
22.28
815
18.28
19.19
20.15
21.16
22.22
23.33
C -2