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1982-125-Approving A Memorandum Of Understanding Between The Town Of Los Gatos And The Town Employees AssociationRESOLUTION NO. 1982 -125 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION RESOLVED, that the Memorandum of Understanding signed by the Town's representatives and the representatives of the Town Employees Association on June 21, 1982, is hereby approved. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, at a regular meeting held this 21st day of June , 1982, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, MarL,yn J. Rasmussen and Mayor Peter W. Siemens NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Brent N. Ventura ABSTAIN: COUNCIL MEMBERS None SIGNED:a.l a_ -'MAYOR THE TOWN OF LOS GATOS ATTEST: CLERK-OF THE TOWN OF LOS OS 7- s(-6) MEMORANDUM OF UNDERSTANDING °OVVN� "Le' -' Coy BETWEEN p THE TOWN OF LOS GATOS AND THE TOWN EMPLOYEES ASSOCIATION rEt,;._r�yPr 4 THIS AGREEMENT, SIGNED ON JUNE p27 1982, IS ENTERED INTO AS OF JULY 1, ~1982,~ ` BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER REFERRED TO AS THE "TOWN ", AND THE TOWN EMPLOYEES ASSOCIATION, HEREINAFTER REFERRED TO AS "T.E.A. ". Pursuant to Town Resolution 1974 -71 of the Town of Los Gatos and Section 3500 et. seq, of the Government Code, the duly authorized reprersentatives of the Town and TEA, 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 R. /Rora Town Manager 7 Pat Wait Town Negotiating Team FOR TEA: Orman D. P1oss EA President Mary Alice Long TEA Vipe- President V f' Bruce Baker ���:• TEA Representative lL�flar/ C'n ,/i�9ia.,n /John E. Bean 'PEA Repr entati ve V/ I I/ A Tom /Jarvis TEIVRepresentative Page 1 1. Scope of Representation. Employees represented by the Association are those in permanent positions in the following classifications: Accounting Technician Administrative Aide Administrative Secretary Assistant Civil Engineer Building Inspector Clerk - Typist Community Services Agent Deputy Town Clerk Engineering Aide Engineering Technician I /II Junior Civil Engineer Support Services Assistant Secretary 2. Town Emplover- Emplovee Relations Resolution Housing Specialist Librarian Library Assistant I /II /III Park Ranger Planner Police Records Clerk Principal Clerk Secretary to Town Manager Senior Clerk- Typist Senior Deputy Town Clerk Supervising Engineering Technician The Association and the Town recognize the existing language in Town Resolution 1974 -41 as it governs all aspects of labor relations in the Town. 3. No Strike Or Job Action Clause. The Association recognizes that current California State law precludes any job action on the part of municipal government employees. 4. Term. This agreement shall be effective from July 1, 1982 to June 30, 1984. 5. Uniform Allowance. a. Initial uniform of all items on the Town - approved list shall be supplied by Town to new employees; thereafter the Town shall provide incumbent Park Ranger employees with a uniform allowance of $250 per year in first paycheck of each calendar year. b. T.E.A. recognizes Town right to specify uniform and demand that employees be in proper uniform at all times. C. Any accrued uniform allowance currently available to employees shall be cashed out at full value effective June 25, 1982. 6. Overtime compensation. Overtime compensation shall be governed as follows: -work to be scheduled by management - accumulation rate shall be at time and one-half -CTO or payoff at management discretion - minimum call -back shall be three (3) OT hours -C_TO accumulation no more than fifty (50) hours Page 2 7, Incentive Pav Proqram. Bonus pay incentive program to be effective 7 -1 -83; program to be prepared by Town no later than 4 -1 -83; program available to employees at top step only. 8. Grievance Procedure. Grievances shall be defined as alleged violations of this agreement or disputes regarding interpretations, application, or enforcement of this agreement. 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. 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) calendar 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. Page 3 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 or other person at any stage in the grievance process. 9.Benefits Accrual. No accrual of benefits during unauthorized leave, suspension, or leave without pay. 10. Pavroll Periods. Any change in the payroll periods shall be subject to a majority vote of all Town employees. 11. Paychecks. Payroll deductions and leave balances to appear on paychecks. 12. PERS Benefits. No later than January 1, 1984, the Town shall provide to TEA a complete, detailed listing of current benefits available under PERS. 13. Holidays. The following shall be observed as holidays for the members of the unit: January 1st the 3rd Monday in February the last Monday in May July 4th the first Mondav in September Thanksgiving Day the Friday following Thanksgiving Day December 25th after 12 noon 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. Effective for the fiscal year 1982 -1983 only, TEA represented employees shall have one (1) floating holiday; this is to replace the eight (8) holiday hours that will not be available because of December 24 and December 31 falling on a Saturday during the fiscal year. 14. Jury Duty. Employee salary and benefits continued; employee turns over to the Town any compensation from the courts or other source for jury duty. Page 4 15. Workers' Compensation. The Town and Association 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 (maximum of $154 /week) and the equivalent of one hundred percent (100 %) of the individual's net regular salary, if any, paid by the Town for the first sixty (60) calendar days of absence. Town shall deduct sick leave from the employee's accrual for all Town paid compensation. An employee without a sick leave balance shall only be paid State mandated benefits unless that employee is in his /her first twenty -four months of employment with the Town. Those new employees shall receive above - referenced compensation regardless of sick leave and other leave balances. Compensation available to the employee after the initial sixty -day (60) period shall include both State - mandated benefits and the coverage afforded by the Town -paid employee disability insurance program. The current policy provides for two- thirds of regular salary up to payment of $1,333 /month. 16. Unemployment Insurance. Town to pay one (1) percent contribution to State Fund. 17. Leave Without Pay. Leave without pay shall be subject to approval of the Town Manager. 18. Outside Employment. Outside employment shall be subject to approval of the Town Manager. 19. Bereavement Leave. A maximum of five (5) days available -- use limited to parent, spouse, child, dependent, sibling, and grandparent by blood or marriage. 20, Layoff Policy. Provide for a minimum thirty (30) calendar days for notice -- layoff to consider "performance" as well as seniority with equal weight given to both seniority and performance -- layoff within classifications by individual department. Use of current Town performance evaluation form would provide for measurement of performance levels as E (exceeds standards); M (meets standards); I (improvement needed). 21. Affirmative Action. Association supports both equal employment opportunity and affirmative action. Page 5 22. Military Leave. Full salary and benefits for up to two (2) weeks per year with proper documentation on orders submitted to the Town. 23. Out -of- Classification Pay. The Town and the Association 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 at the rate of the higher classification retroactively and while the out of classification work continues subject to the right of the employee to waive this provision based on personal career development. 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. 24. Deferred Compensation. Town program through CENTRECORP to be available to TEA represented employees effective October 1, 1982. 25. Salary. Annual increase of 9.55% the first pay period beginning after June 30, 1982. Increase to be effective the first payroll period in July of 1983 shall be based on the following: 7.5% total compensation unless the May 1982 -April 1983 San Francisco /Oakland CPI (all urban consumers) exceeds 10.0% -- excess over 10.0% in CPI to be credited to salary increase at 50% value up to maximum salary increase of 9.0% total compensation -- if the SF /O CPI is 5.03 or less, then the total compensation increase will be equal to the CPI. Page 6 26. 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 area within twenty (20) miles of Town Hall. 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). 27. Reclassifications. No reclassifications to be discussed in the context of this MOU. 28. Employee Christmas Party. Town contribution for the Christmas Party shall be $1250 per year. 29. Probationary Period. Probationary period shall be twelve (12) months. 30. Personnel Manual. Town shall compile and distribute to all TEA - represented employees a uniform personnel manual no later than December 31, 1982. 31. One -Time Pay Adjustments. Effective with the first pay period after June 30, 1982, all classifications represented by TEA in the clerical series shall receive a single -range upward adjustment in salary. An additional single -range upward adjustment shall be provided to these classifications with the first payroll period effective after June 30, 1983. The classifications included are: Principal Clerk Deputy Town Clerk Senior Deputy Town Clerk Clerk- Typist Secretary to the Town Manager Administrative Aide Senior Clerk Typist Administrative Secretary Police Records Clerk Secretary Effective with the first payroll period after June 30, 1983, the classifications of Library Assistant I /II /III shall receive a single range upward adjustment in salary. Page 7 32. Comparable Worth. Pursuant to Town Council policy, the Town shall complete the following activities no later than July 1, 1983: a. Town definition of comparable worth (suggested definition "equal pay for work of comparable skill, training, and responsibility "). b. Review of internal salary relationships for all Town positions based on job responsibilities and minimum qualifications. TEA representatives shall participate in all phases of the review. Number of representatives shall be no more than three (3). 33. Insurance Programs and Rate of Town Contribution a. Dental -- revised program to be available 1-1 -83; TEA to participate with Town and other bargaining units in selection of the program; current program to be effective through 12 -31 -82 with current Town contribution of $20 per month -- employees to advise Town of desire to participate no later than June 25, 1982. b. Medical -- available programs include Blue Cross, Kaiser, and Lifeguard. Amount to be paid 7 -1 -82 to 12 -31 -82 to be determined by employee no later than June 25, 1982. C. Life -- Town to pay base premiums on current coverage of $25,000 and $25,000 Accidental Death Benefit. d. Disability -- no change in level of Town contribution; any change in policy provisions subject to approval of all bargaining units; current policy provides for 2/3 of salary (maximum $1333 /month to be paid effective beginning the 61st day of disability. e. Vision -- no Town contribution; specific policy subject to approval of all bargaining units -- policy to be effective 1 -1 -83. f. Psychological -- premium to be paid by the Town. 34. Cafeteria Benefit Program. Allocation available for each employee for FY 82 -83 shall be $1800. Distribution of dollars among the available benefits shall be effective January 1, 1983. For the period July 1, 1982 to December 31, 1982, the Town shall deduct Town paid health and dental contributions from the total year's allocation per employee. Benefits available in the cafeteria include health insurance, dental insurance, vision insurance, additional life insurance, and deferred compensation Prior to June 1, 1983, TEA shall advise the Town of the FY 83 -84 dollar amount to be assigned to the cafeteria. Any increase from the $1800 shall be deducted from the total compensation amount available to TEA pursuant to Article 25 of this agreement. 35. Personal Leave. Up to 24 hours per year charged to sick leave. 36. Vacation Schedule. The following schedule shall apply to all employees in the Association. 0 to 36 months -- 10 days per year 37 to 60 months -- 15 days per year 61 to 180 months -- 20 days per year 181 months and over -- 25 days per year Maximum accrual to remain at 320 hours; if the annual leave program (Article 38) is approved, maximum accrual would be 344 hours. 37. Sick Leave. Sick leave shall accumulate at the rate of eight (8) hours per month; the accumulation limit shall be 1200 hours. The current policy providing that the Town may require doctor's statement as proof of illness for any use of sick leave beyond one working day as a condition of payment shall remain in force. On a twelve month basis (Dec. 1 to Nov. 30) of each year, individual employees may at their discretion cash -out accumulated sick leave as follows: Sick Leave Use Eligible for 12/1 to 11/30 Cash -Out 0 hrs 6 days @ 75% value 1 -8 hrs 6 days @ 2/3 value 9 -16 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 15 days on November 30 of the year cash -out is taken. Page 9 38. Annual Leave (in olace of #s 35, 36 and 37 above). Incumbent employees must advise the Town no later than June 25, 1982 of their desire to substitute the annual leave program for items 35, 36, and 37 -- incumbent employees opting for the annual leave program shall have their maximum leave balances rolled back (if applicable) to 344 hours effective July 1, 1982. - accumulation per the following schedule: 0 to 36 months -- 18 days per year 37 to 60 months °- 23 days per year 61 to 180 months -- 28 days per year 181+ months -- 33 days per year - maximum accrual of 344 hours. -cash out of up to 40 hours at 100% value available December 1 of each year. - vacation scheduling per existing Town policy. -all employees hired after July 1, 1982 will participate in the Annual Leave Program. 39. Leave Balances. Vacation, annual leave, and accumulated overtime will continue to be paid off upon resignation, retirement, or dismissal at 1008 value subject to the personnel rule provisions that employee provides a minimum two (2) week notice for resignation. 40. Comprehensiveness of Agreement. Town and Association agree that this agreement represents all salary, wages, and fringe benefits subject to negotiation and available to employees.