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1982-140-Approving A Memorandum Of Understanding Between The Town Of Los Gatos And Afscme Local 101, Corporation Yard UnitRESOLUTION NO. 1952 -140 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101, CORPORATION YARD UNIT. RESOLVED, that the Memorandum of Understanding signed by the Town's representatives and the representatives of AFSCME Local 101, Corporation Yard Unit, on June 29th , 1982, is hereby approved. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6 day of July , 1982, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrite, )AarLyn J. Rasmussen and Mayor Peter W. Siemens NOES: COUNCIL MEMBERS None ATTEST: CLERK OF T E TO OF LOS GAT MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101, CORPORATION YARD UNIT THIS AGREEI9ENT, SIGNED ON JUNEO 1982, IS ENTERED INTO AS OF JULY 7, 1982, BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER REFERRED TO AS THE "TOM AND AFSCME LOCAL 101, CORPORATION YARD UNIT, HEREINAFTER REFERRED TO AS "UNION. ". 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 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: FOR THE UNION: ames R. Schoenborn Negotiating Team Anthony J. �Har n Negotiating Page 1 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. Scope of Representation -- limited to permanent full -time and part -time positions as authorized in the position control resolution -- classifications represented are: Building Maintenance Worker I /II /III Equipment Mechanic Equipment Operator Maintenance Worker I /II /III Park Maintenance Worker I /II /III Sweeper Operator Tree Trimmer /High Climber Any new classifications created in the Town workforce shall be assigned to bargaining units pursuant to the Town Resolution 1974 -71. 3. 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. 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. Page 2 4. Management Rights Clause. 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. Term -- July 1, 1982 to June 30, 1984. 6. Sick Leave. - accumulation rate to continue at eight (8) hours per month. - accumulation limit to remain at 1200 hours. -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. Each employee represented by the Union on November 30, 1982 may, at his /her discretion, cash out up to sixty (60) days of accumulated sick leave at a percentage credit determined by length of service with the Town. Employees may cash out at thirty percent (30 %) value after five (5) years of service and receive credit of one (1) additional percentage point for every additional year of service up to a maximum of fifty percent (508). In order to be eligible for this one -time cash out, an employee must retain a minimum sick leave accrual of two hundred (200) hours. Effective December 1, 1982, no employee will be eligible for the Town sick leave cash out program upon retirement or resignation. Beginning with the twelve (12) month period from December 1, 1982 to November 30, 1983, and annually thereafter, employees may at their individual discretion cash out accumulated sick leave as follows: Sick Leave Use 12/1 to 11/30 0 hrs. 1 -8 hrs. 9 -16 hrs. Eligible for Cash Out 6 days @ 75% value 6 days @ 2/3 value 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 3 7. Insurance Programs and Rate of Town Contribution. - dental maintain Town Dental Plan to 12/31/82 with $20 per month contribution; new plan to be identified by 1/1/83. - medical -- provide Blue Cross, Kaiser, or Lifeguard with Town contribution at $130 per month. -life -- no change in current coverage of $25,000 plus $25,000 ADA. - disability -- no change in level of Town contribution; policy effective 61st calendar day; coverage of 2/3 of salary up to maximum of $1,333 /month; any change in policy provisions subject to approval of all bargaining units. - vision -- no Town contribution; specific policy subject to approval of all bargaining units no later than 1/1/83. - psychological -- premium to be paid by the Town. 8. Uniform Allowance. - initial and yearly amounts -- initial amount of $175 paid separately on the 10th day of the month following the first month of employment with the Town; $175 per year thereafter with the first warrant distribution each calendar year; uniform allowance balances to be cashed out effective 6/25/82. -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. 9. 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. -rate to remain at time and one -half -CTO or payoff at management discretion - minimum retained at three (3) OT hours for callback -CTO accumulation maximum fifty (50) hours - effective 7/1/82, all CTO in excess of fifty (50) hours shall be cashed out Page 4 10. 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: 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 Manager appeal levels. Employees may be represented by counsel, Union representative, Union steward or other person at any stage in the grievance process. Page 5 11. No accrual of benefits during unauthorized leave, suspension, or leave without pay. 12. Payroll periods -- any change shall be subject to a majority vote of all Town employees. 13. Payroll deductions, earnings, and leave balances to appear on paychecks. 14. PERS benefits -- no change in benefits in effect June 30, 1982; the Town shall provide Union with a full listing of currently and possibly available PERS benefits no later than six months prior to the termination of this agreement. 15. Vacation Schedule -- single schedule for all employees represented by the Union: 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 & over °- 25 days per year -- maximum accrual of 320 hours -- 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. 16. Holidays -- the following shall be observed as paid holidays for employees represented by the Union: January lst. 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. -each employee shall be entitled to one (1) paid floating holiday for the twelve -month period July 1, 1982 to June 30, 1983. 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. 17. 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. 18. 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 61st day of disability. 19. Unemployment Insurance -- Town to pay contribution to State Fund. 20. Leave without pay -- subject to approval of the Town Manager. 21. Residence requirement -- employees must live within twenty (20) miles of Town Hall within eighteen (18) months of employment. 22. Outside employment -- subject to approval of the Town Manager. 23. Bereavement Leave -- maximum of paid five (5) days for death in immediate family -- immediate family includes parent, grandparent, child, spouse, sibling, by blood or marriage. 24. Personal Leave -° retain current 24 hours /year charged to sick leave. 25. Layoff Policy -- amend to provide for a minimum thirty (30) calendar days for notice -- layoff to consider "performance" as well as seniority on an equal 50/50 basis -- layoff within classifications by individual department -- affected employees who are qualified to do so shall "bump" down to previously held classifications in the Town. 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 up to a maximum of one hundred (100) points. Subsequently, a review of each employee's personnel file shall be made and a numerical score shall be assigned to each annual evaluation on file. The actual scoring shall be as follows: Page 7 For each "performance factor" rated, 100 points shall be assigned for "E" rated performance; 75 points shall be assigned for "M" rated performance; and 50 points shall be assigned for "I" rated performance. 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. This process shall be followed for every annual evaluation in the personnel file. The sum of all the scores from the individual annual performance evaluations shall then be caculated and divided by the total number of annual evaluations. 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. 26. Affirmative Action -- Union supports both affirmative action and equal employment opportunity programs. 27. Military Leave -- full salary and benefits for up to two (2) weeks per year with proper documentation on orders submitted to the Town. 28. 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. 29. 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. 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. 30. Compensation. Salary increase of 9.09% effective July 7, 1982. For first pay period beginning after July 1, 1983: 7.5% total compensation if SFO /CPI (all urban consumers) for May 1, 1982 to April 30, 1983 is between 5.0% and 10.0% -- if CPI under 5.0 %, then total compensation equal to CPI -- if CPS over 10.08, then additional total compensation equal to 508 of CPI over 10 %, subject to maximum total compensation increase of 9.0 %. No later than June 17, 1983, Union shall inform Town of the allocation of the total compensation package for FY 83 -84. 31. Deferred Compensation. Town program through Centrecorp to be available to employees effective October 1, 1982. 32. 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). 33. 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 (58) percent increase in salary subject to not exceeding the highest step in the range of the higher classification. 34. 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. Page 9 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 less standby pay. Town shall provide vehicle and "beeper" to employees on standby assignment. 35. 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 :30PM. 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 5:00AM shall receive additional compensation of $7.50. Non- overtime work begun between 5:OOAM and 5:30AM shall receive additional compensation of $5.00. 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. 36. 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. 37. Probationary Period -- shall remain at twelve (12) months for all new hires; the probatinary period for employees promoted after the effective date of this agreement shall be six (6) months. 38. Notice of Vacancies -- job vacancies shall be posted on the Corporation Yard Bulletin Board for at least ten days working days. 39. 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. Page 10 40. Personnel Files. In accordance to State law, employees shall have the right to review all materials in their individual personnel files. 41. Safety Committee. Union shall encourage its members participation in the Town -wide Safety Committee. 42. Seniority Seniority shall be credited from the first day of employment with the Town. Unpaid leaves of absence and breaks in continuous service shall not be credited to employee seniority. 43. Safety. The Town shall continue to comply with all applicable State rules and regulations relative to safety. 44. 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. 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. 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. 47. Performance Evaluation. Town shall review its performance evaluation system during the term of this agreement. Union shall provide input to the Town concerning the performance evaluation system. 48. Comprehensiveness of Agreement. Town and Union agree that this agreement represents all salary, wages, and fringe benefits subject to negotiation and available to employees.