1986-089-Approving A Memorandum Of Understanding Between The Town Of Los Gatos And Afscme Local No. 101RESOLUTION NO. 1986 -89
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL
NO. 101
RESOLVED BE IT FURTHER o Manager
Understanding on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 7th day of July, 1986 by the
following vote.
AYES: COUNCIL MEMBERS Joanne Ben,i� Eric-D. Carlson, Thomas J.
Ferrit0> Brent N. Ventura and Mayor Terrence J Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
TROWN OF LOS ,ATO
ATTEST:
ibli� L S fi'
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
AFSCME LOCAL 101, CORPORATION YARD UNIT
THIS AGREEMENT, SIGNED ON 5, 1986, IS ENTERED INTO AS OF JULY 1,
1986, BETWEEN THE TOWN OF , HEREINAFTER REFERRED TO AS THE "TOWN ",
AND AFSCME LOCAL 101, CORPORATION YARD UNIT, HEREINAFTER REFERRED TO AS
"UNION. ".
Pursuant to Town Resolution 1974 -41 of the
et. seq. of the Government Code, the duly
Town and Union, having met and conferred i
of wages, hours, and terms and conditions
declare their agreement to the provisions
Understanding.
FOR THE TOWN:
We ra wart ager �'
Town Manager
J �
l ����cl� 4 —tJ C,
o er ryan
Town Negotiating Team
M75ae La Rocca
Town Negotiating Team
Town of Los Gatos and Section 3500
authorized representatives of the
n good faith concerning the issues
of employment, as herein set forth,
of this Memorandum of
THE UNION:
Agent
V
re rocs
Union Negotiating Team
William Hayes
Union Negotiating Team
at Burns
Union Nego6ri ting Team„
Ant on a ng
Union gotiating Team
�P.
s
,
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
AFSCME LOCAL 101, CORPORATION YARD UNIT
THIS AGREEMENT, SIGNED ON _IU14y 7 4' , 1986, IS ENTERED INTO AS OF JULY 1,
1986, BETWEEN THE TOWN OF LO! GA OS, HEREINAFTER REFERRED TO AS THE "TOWN'°,
AND AFSCME LOCAL 101, CORPORATION YARD UNIT, HEREINAFTER REFERRED TO AS
"UNION. ".
Pursuant to Town Resolution 1974 -41 of the Town of Los Gatos and Section 350C
et. seq, of the Government Code, the duly authorized representatives of the
Town and Union, having met and conferred in good faith concerning the issues
of wages, hours, and terms and conditions of employment, as herein set forth,
'declare their agreement to the provisions of this Memorandum of
Understanding.
FOR THE TOWN:
�
4Dera wart a er L'
Town Manager
o er ryan
Town Negotiating Team L&J"
6
Michael a occa
Town Negotiating Team
FOR THE UNION-
if ry
P 1.
waed A. Bu r f
AFSCME Local 101,Bu n ss Agent
Frea cross
Union Negotiating Team
iam ayes
Union Negotiating Team
a urns
Union Negotiating Team
nt ony Harding
Union Negotiating Team
i
1. Pu ose.
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. 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 in disciplinary matters. To the extent possible,
disciplinary and grievance matters affecting employees shall be
considered during normal working hours and with pay.
Page 2
3. Union Rights (continued).
The designated Union business representative, for performance of official
duties, shall not be denied access to Town premises subject to that
representative first advising Town management that he /she is on the
premises and subject to not interfering with the work duties of Town
employees. The Union shall have the right to use the Corporation Yard
Bulletin Board and employee mailboxes for posting and distribution of
Union materials.
4. Management Rights.
The Union recognizes that the rights of the Tow n
limited to, the exclusive right to determine th e
constituent departments, commissions and boards;
service; determine the procedures and standards
employment and promotion; direct its employees;
relieve its employees from duty because of lack
include, but are not
mission of its
set the standards of
of selection for
take disciplinary action;
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 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.
S. 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.
Affirmative Action.
The Union and Town support both affirmative action and equal employment
opportunity programs.
7. Non - Discrimination.
The Town and Union agree that all provisions of this agreement shall be
applied equally to all employees covered herein without favor or
discrimination because of race, creed, color, sex, age, national origin,
political or religious affiliation, Union membership or activity on
behalf of the Union, marital status, sexual preference, or medical
condition.
8. Dues Deduction.
The Town agrees to deduct the Union membership dues from the pay` of those
Union members who individually request in writing that such deductions be
made. Town shall submit to the Union a list of employees who have had
dues deducted; new list to be supplied only when there has been a change
in the individuals who have dues deducted. The amount to be deducted
shall be certified to the Tbwn by the Union. The Union shall submit to
the Town a list of all Union members and shall hold the Town harmless and
indemnify the Town for any liability incurred in the dues deduction
process.
9. Term.
The term of this agreement shall be from July 1, 1986 to June 30, 1987.
10. Compensation.
Effective July 1,1986, the salary schedules attached as Appendices 8 and
C shall be in effect. (5% increase)
11. PERS Benefits.
There shall be no change in PERS benefits.
12. Town Retirement Plan.
The Town and Union agree that the total percentage of employee salary
contribution of the Town to the Town Retirement Plan shall be equal to
the Town percentage of employee salary contribution to the Public
Employees' Retirement System (PERS). There will be no additional Town
contribution of any type to the Town Retirement Plan.
The article shall only take effect if all Town bargaining units agree to
similar language.
Page 4
13. Uniform Allowance.
Initial amount of $225 paid with the first paycheck received by
employee; $225 per year thereafter in a separate paycheck
distributed in January of each calendar year.
Union recognizes Town right to specify uniform and require that
employees be in proper uniform at all times.
Town shall continue to provide work - related safety equipment to
employees (per Town approved list); employees shall be responsible
for the maintenance and care of that equipment.
14. Insurance Programs and Rate of Town Contribution
Dental: maintain Town Dental Plan with $30 per month
participation level.
Dental Plan reimbursement shall take place three
times annually.
Medical: Town to provide Blue Cross, Kaiser, or Lifeguard
insurance programs.
Life: coverage shall be $50,000 plus $50,000 ADA.
Disability: policy effective 31st calendar day; coverage of 60%
of salary up to maximum of $5,000 /month.
Employee assistance program premium to be paid by the Town.
Unemployment Insurance premiums to be paid to State Fund by the Town.
15. Family Medical Insurance Premiums.
In lieu of the cafeteria benefit program (Item 16), the Town will provide
payment of medical insurance premiums equal to the cost of the least cost
family medical insurance program offered by the Town. The determination
as to whether this benefit is provided must be made on an individual
basis upon employment with the Town and between June 1 and June 15 of
each year thereafter. Employees opting for this medical insurance
coverage will not participate in the Cafeteria Benefit Program.
16. Cafeteria Benefit Pro ram.
Benefits available in the cafeteria program include medical insurance,
local health club membership, dental and deferred compensation.
Employees choosing to use cafeteria benefits for medical insurance must
pay all medical premiums from the cafeteria allocation prior to any
allocation of the cafeteria benefits to either deferred compensation or
health club memberships.
Page 5
17. Cafeteria Benefit Program (continued).
Allocation available per employee shall be $2,000 per year. Allocations
shall be made for individual positions based on the Salary and Position
Control Resolution. Full -time employees shall receive 100% of the
cafeteria allocation; part -time employees shall receive 75 %; half -time
employees shall receive 50 %.
18. Payroll periods.
The Town and Association agree that a biweekly payroll period will be
utilized.
(1) Employee pay shall not be withheld more than seven (7) days
following end of payroll period; and
(2) All Town employees shall be compensated on a biweekly basis.
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.
19. Payroll Checks.
Payroll deductions and leave balances shall appear oq paychecks and be
current to the latest payroll period.
20. Deferred Compensation.
The Town shall continue_to provide a deferred compensation program.
21. 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 of 24 cents per mile for actual use of vehicle on
official business.
22. Tuition /Registration Reimbursement.
The reimbursement program shall include costs for tuition and
registration for educational opportunities including college and
university courses, lectures, demonstrations and other job - related
training subject to the following:
Page 6
22. Tuition /Registration Reimbursement (continued)
(1) maximum reimbursement of $300 per employee per calendar year;
(2) preparation for classes to be done on employee's own time;
(3) employee must request and receive advance written authorization from
his /her department head;
(4) reimbursement shall take place only after successful completion of
the course or training.
Participation in and successful completion of courses may be considered
by the Town in making assignments and promotions. Evidence of such
training may be submitted by the employee for filing in his /her personnel
file.
23. 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 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 five percent (5 %) above the employee's regular salary; or the
lowest rate of the higher classification, whichever is greater.
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.
This section does not preclude the employee's right to waive this
provision based on personal career development.
24. 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 5:00AM and 5:30AM
shall receive additional compensation of $5.00.
l \
Page 7
24..Work Schedule (continued).
Parks Department employees who work the summer ten day schedule shall be
compensated at the rate of 1.50 hours for each hour of work on Saturday
and Sunday. To the extent possible, Town shall assign the summer ten
(10) day schedule on a rotational basis.
25. Overtime.
All overtime to be scheduled pursuant to the needs of the Town. Overtime
shall first be made on on a volunteer basis. In the absence of
volunteers, the Town shall assign overtime.
Overtime shall be compensated at the rate of time and one -half.
Compensation shall be as accumulated overtime or payoff at management
discretion. The maximum accrued OT accumulation shall be fifty (50)
hours. A minimum three (3) OT hours shall be provided for any callback.
All employee accumulated overtime shall be cashed -out the last pay period
of each fiscal year.
The Town shall, to the best of its ability and subject to scheduling
needs of the Town, make every effort to accomodate employee requests for
compensatory time off.
26. 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 t® respond when
assigned standby duty may be cause for disciplinary action including
termination.
Standby assignments shall be compensated at the rate of four (4) hours of
straight time pay for every twenty -four (24) hours of assignment.
Assignments of standby duty for more or less than twenty -four (24) hours
shall be compensated on a pro -rated basis (4 hours for each 24 hours).
Specific call out of employees on standby assignments shall be
compensated at the regular overtime rate. Town shall provide vehicle °and
"beeper" to employees on standby assignment.
27. 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.
f�I
28. Notice of Vacancies.
Town job vacancies shall be posted on the Corporation Yard Bulletin Board
for at least ten (10) working days.
29. Promotions.
Subject to the needs of the Town, promotional examinations shall be used
whenever possible to fill vacancies in the Town service.
Employees promoted to higher paying classifications shall receive a
minimum five (5 %) percent increase in salary subject to not exceeding the
highest step in the range of the higher classification.
30. Probationary Period.
"The probationary period shall be twelve (12) months for all newly hired
employees and six (6) months for employees receiving promotions."
31. Sick Leave.
Sick leave shall accrue at the rate of 3.70 hours per pay period. The
maximum accumulation of sick leave hours shall be 1200 hours.
The Town may require doctor's statement as proof of illness for any use
of sick leave beyond.one work day as a condition of payment.
For the twelve (12) month period from December 1 to November 30 employees
may at their individual discretion cash out accumulated sick leave as
follows:. .
Sick Leave Use Eligible for
12/1 to 11/30 Cash Out
0 ®12
hrs.
6
days
@
75%
value
1324
hrs.
6
days
@
2/3
value
25-32
hrs.
6
days
@
50%
value
In order to be eligible for the annual sick leave cash out program, an
employee must have a sick leave accrual balance of at least fifteen (15)
days on November 30 of the year cash out is taken.
,_
32. Vacation Schedule.
All employees represented by the Union shall accrue vacation on the
following basis:
Employment
0 to 36 months
37 to 60 months
61 to 180 months
181 months & over
Maximum accrual of 344 hours.
Accrual Rate
10 days per year (3.08 hours er p2y period)
15 days per year (4.62 hours per pay perio
20 days per year (TT 16Tour5 per pay per�o�7
25 days per year (ors per pay period)
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.
33. Holidays.
The following shall be observed as paid holidays for employees represented by the
Union:
January 1st.
3rd Monday in January.
the 3rd Monday in February.
the last Monday in May.
July 4th.
the first Monday in September.
Thanksgiving Day.
the Friday following Thanksgiving Day.
December 25th.
four (4) hours each on December 24 and December 31.
every day declared a holiday by the President or
Governor.
Holidays which fall on Saturday shall be observed on the Friday prior, and holidays
which fall on Sunday shall be observed on the following Monday.
Employee required to work on an observed holiday shall receive holiday pay plus
overtime compensation for hours worked.
34. Personal Leave.
Sixteen (16) hours per calendar year; noncumulative; no cash value.
35. 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.
36. _Military Leave.
Time off shall be provided for up to a maximum of four (4) weeks per
calendar year with proper documentation on orders sumbitted to the Town.
Military leave and benefits shall be granted in accordance with State and
Federal Law, including the continuation of employee salary and benefits.
Leave will be available for employees for disasters declared by Federal,
State, County, or Town officials if those disasters affect all or a
portion of the Town "urban service area." Leave subject to scheduling by
the Town. Employees shall be allowed to charge time off to accumulated
overtime, vacation hours, and sick leave hours (in that order).
37. Leave Without Pay.
Leave without pay shall be subject to approval of the Town Manager.
38. Vacation and Overtime Cash -out.
Employees who terminate from Town service shall have all accrued vacation
and overtime cashed -out subject to the provision that employees who
resign must provide the Town with a minimum two (2) week written notice
of resignation.
39. Accrual of Benefits.
NO' accrual of benefits during unauthorized leave, suspension, or leave
without pay.
40. Jury Duty.
An employee required to serve as a trial juror or an expert witness
(expertise related to Town employment) shall have his /her salary and
benefits continued; employee turns over to the Town any compensation
(other than travel related) from the courts or other source for jury
duty.
41. Outside Employment.
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.
42. Personnel Files.
In accordance to State law, employees shall have the right to review
materials in their individual personnel files.
43. Safety Committee.
Union shall encourage its members participation in the Town -wide Safety
Committee.
44. Safety.
The Town shall continue to comply with all applicable State rules and
regulations relative to safety.
45. Physical Examinations and Tests.
The Town agrees to provide full cost reimbursement for physical
examinations and job- related tests that may be required of employees as a
condition of continued employment with the Town.
I
46. Workers' Compensation.
The Town and Union agree that employees who sustain illness or injury
arising out of and in the course of their Town employment shall receive
benefits equal to those mandated by the State of California plus the
difference between State mandated benefits and the individual's net
(excluding overtime) salary, if any, paid by the Town and charged to the
employee's accrued sick leave balance. If sick leave is not available,
other accrued leave balances shall be charged. If an employee does not
have accrued leave balances, the employee shall receive only the
State - mandated benefits.
Pursuant to the Town disability insurance policy, employees shall receive
the disability insurance effective the 31st day of disability.
Page 12
47. Seniority.
Seniority shall be inclusive of CETA time and shall be credited from the
first day of (CETA) employment with the Town. Unpaid leaves of absence
and breaks in continuous service shall not be credited to employee
seniority.
48. Layoff Policy.
A minimum thirty (30) calendar notice shall be provided to employees.
Layoff shall be based on "performance" as well as seniority on an equal
50/50 basis. Layoff shall be by classification. Affected employees who
are qualified to do so shall "bump" down to previously held
classifications in the Town.
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:
For each "performance factor" rated, 12 points shall be assigned for
"E" rated performance; 9 points shall be assigned for "M" rated
performance; and 6 points shall be assigned for "I" rated
performance. Performance factors rated between "E" and "M" shall
receive a point assignment of 10.5. Performance factors rated
between "M" and "I" shall receive a point assignment of 7.5. The
sum of the points will then be divided.by the number of performance
factors in order to determine an overall score for the evaluation.
The sum of all the scores from the individual annual performance
evaluations shall then be calculated, divided by five (5), and then
mutiplied by the number of years of employee seniority. Employees
shall then be listed in a separate list by overall performance
evaluation scores as derived from the above described procedure.
The points on both lists shall then be totaled to provide for one
layoff list. Actual layoffs shall then take place from the list
with those employees with the fewest number of total points being
the first to be laid off.
The Town shall develop and maintain in the Town Personnel Office a layoff
list that will be available for inspection by Union- represented employees
at least thirty (30) days prior to the scheduled adoption of the Town
annual operating budget.
Page 13
49. Performance Evaluations
Performance evaluations shall take place at least every three (1) months
for all probationary employees and shall take place at least annually
threafter 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 (1.5) 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.
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.
Performance evaluations shall be conducted annually from their (1) date
of hire (2) date of last merit increase or (3) date they entered their
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.
(a) 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 worksite dialogue and
should address performance or conduct which, if not improved, may
eventually result in a negative evaluation or disciplinary action.
Documentations 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.
Counselling should normally take place between the worker and the
immediate supervisor.
(b) UNFAVORABLE REPORTS ON PERFORMANCE OR CONDUCT
If upon such counselling 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.
Page 14
50. Grievance Procedure.
Grievances shall be defined as alleged violations of this agreement or
disputes regarding interpretations, application, or enforcement of this
agreement or Town ordinances, resolutions, and written policies related
to personnel policies and working conditions. Grievances shall not
Include disagreements, disputes, or activities regarding or pertaining to
examinations for employment or promotion, disciplinary action,
performance evaluations, probationary terminations and items subject to
meet and confer. (Nothing in these definitions shall be construed to
limit "permanent" employees from appealing decisions affecting their
employment to the Town Personnel Board.)
No act or activity which may be grievable may be considered for
resolution unless a grievance is filed in accordance with the procedure
contained herein within thirty (30) calendar days of the date the
grievable activity occurred or the date the employee could reasonably
have known such activity occurred. This statute of limitations shall not
apply to probationary employees.
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.
ine department head receiving the fo
written decision within ten (10) tale
appeal. If after receipt of the writt
head the employee is still dissatisfi
decision of the department head to th e
shall be made by filing a written appe
five (5) days after receipt of the wri
department head. The Town Manager sha
department head, and his /her decision,
within twenty (20) working days after
final.
rural appeal shall render his /her
radar days after receiving the
en decision of the department
ed, he /she may appeal the
Town Manager. Such appeal
al to the Town Manager within
tten decision of the
11 review the decision of the
which shall be rendered
the appeal is made, shall be
The time iim! tions for filing and responding to grievances may be
waived or ext_..ded by mutual agreement of the sties. If either
party to the grievance so requests, an informal hearing shall be
conducted at the department head or Tow— n- Wanager appeal levels.
Employees may be represented by counsel, Union representative, Union
steward or other person at any stage in the grievance process.
51. Comprehensiveness of Agreement.
Town and Union agree that this agreement represents all salary, wages,
and fringe benefits subject to negotiation and available to employees.
52. 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.
53. Vacation Checks
At the employee's request the Town will advance the employee's vacation
earnings and provide payment for same on the last payrolltheck prior to
the employee's vacation._ The Town will provide this option within nine
(9) months of the effective date of this M. 0. U. 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.
54. Equal Employment Opportunity Grievance Procedure
A.- Intent - it is the intent of this procedure to provide an efficient means
of r resolving individual or group problems of a sensitive nature quickly
and with a minimum of formal procedural requirements.
B. Scope - This procedure shall apply to allegations of discrimination in
regard to application, recruitment, appointment, training, promotion,
retention, discipline, or other aspects of employment because of race,
religion, color, sex, physical /mental handicap, medical condition,
marital status, age, national origin or ancestry and provides for a
process to investigate and correct the effects of such discrimination.
Page 15
C. Limitations - The establishment of this procedure for resolving
compla nts of discrimination shall supplant regular grievance procedures
but not prohibit employees or applicants from filing complaints with the
Fair Employment Practice Commission (FEPC). Equal Employment Opportunity
Commission (EEOC) or the courts. The procedure is intended and should be
viewed as a means of providing the special skills needed to promptly and
fairly handle the sensitive issues involved, and to ensure full
cooperation with federal and state agencies.
An employee who elects to proceed under this section is not entitled to, and
shall not be required, to utilize regular grievance procedures for any
complaint grieved under this section. Procedures under this section are
alternative to regular grievance procedures.
D. Definitions
1. Agrieved Person: An employee or applicant for employment who feels
n�scrim naaesagainst or harrassed on the basis or race, religion,
color, sex, physical /mental handicap, medical condition, marital
status, age, national origin or ancestry in regard to application,
recruitment, appointment, training, promotion, discipline, or other
aspect of employment.
2. Complainant: An aggrieved person who has filed a formal complaint.
3. Equal Em to ment Opportunity (EEO) Counselor: An employee trained
in practices ae counseiingtechniquesfo provide informal
counseling on matters pertaining to discrimination. Affirmative
Action ,Officer will designate the individual with responsibilities
of the EEO Counselor. This employee may also be assigned to
investigate allegation once a formal complaint is filed, and to
produce a written report of findings. This person must be capable
of fairness, impartiality, and objectivity.
E. Re rrtsentatives: In presenting and resolving grievances employees may
rep resent erase ves or may designate representatives of their own
choosing. Costs associated with such representation, if any, will be
borne by the employee.
F. Steps in the Procedure
1. Aggrieved persons shall first contact the Equal Employment
Opportunity Counselor within 30 calendar days of learning of such
act or decision and before filing a formal complaint with the
Affirmative Action Officer. The EEO Counselor shall, within 30
days:
A. Consult with the aggrieved person.
B. Discuss with aggrieved person applicable civil rights.
C. Make necessary inquiries in attempt to resolve the complaint.
D. Counsel aggrieved person on issues of the case.
E. Seek informal Resolution of problems by facilitating open
communication between the aggrieved and departmental management.
2. Formal Complaint: If informal resolution of problems through
cone iatMon and — negotiation cannot be accomplished with 30 days of
contacting the EEO Counselor, the aggrieved person(s) may file a formal
complaint with the Affirmative Action Officer. The Affirmative Action
Officer will decide whether the complaint falls within the jurisdiction
of the procedure and accept or reject it in writing. If the aggrieved
person wishes to appeal the Affirmative Action Officers decision he /she
may do so In writing to the Town Manager within seven working days of
receipt of the Affirmative Action Officer's decision.
The Affirmative Action Officer, upon acceptance of a complaint:
A. shall review the case with the Equal Employment Opportunity
Counselor.
B. may assign the EEO Counselor to conduct a prompt, impartial
investigation, if necessary, and review findings thereafter.
C. shall notify Town Manager of all formal complaints received from
employees and provide copies of completed investigative reports to
Town Manager upon request.
D. shall make available to the parties involved a copy of the completed
investigation report.
E. explore further possibility of informal adjustment of the problem
through negotiation or conciliation with Department Head or the
parties to the complaint.
F. present findings and recommendations for adjustment to the Town
Manager.
3. The Town Manager shall provide the complainant with a written decision
within 90 calendar days from the time a formal complaint is filed.
APPENDIX A
Scope of Representation
The Union shall represent employees of the Town filling permanent full -time
and part -time positions as authorized in the position control resolution for
the following classifications:
Building Maintenance Worker I /II/ *III
Equipment Mechanic
Lead Tree Trimmer /High Climber
Maintenance Worker I /II /III
Park Maintenance Worker I /II /III
Sweeper Operator
Tree Trimmer /High Climber
Utility Services Worker
Any new classifications created in the Town workforce shall be assigned to
bargaining units pursuant to the Town Resolution 1974 -41.
* Not currently authorized
APPENDIX B
TOWN OF LOS GATOS
SALARY SCHEDULE
(Effective July 1, 1986)
Classification
Building Maintenance Worker I
Building Maintenance Worker II
Equipment Mechanic
Lead Tree Trimmer / High Climber
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Parks Maintenance Worker I
Parks Maintenance Worker II
Parks Maintenance Worker III
Sweeper Operator
Tree Trimmer / High Climber
Utility Services Worker
Range
C -1
C -5
C -12
C-10
C -1
C -5
C -10
C -1
C -5
C -10
C -7
C -7
C -2
WORKERS' COMPENSATION PROGRAM
Corporation Yard Employees
BENEFITS
MEMORANDUM OF UNDERSTANDING
Guarantees that employees will receive State - mandated benefits.
A
Compensation above State - mandated benefit shall be charged to employee leave
balances.
Total compensation shall be no more than employee's regular salary.
Town -paid disability insurance effective 31st day of disability.
STATE - MANDATED BENEFITS
Permanent total and temporary disabilities:
Injury Date Maximum Benefit
1/1/86 $224 /week
Benefit not to exceed 2/3 of salary.
Waiting periods expressed in calendar days:
Three (3) days, unless employee is hospitalized.
Retroactive disability period is twenty -one (21) days. First day of
disability is the day after the employee leaves work because of work injury.
Town -Paid Disability Insurance
Provides 60% salary up to maximum salary of $5000 /month. Maximum benefit would
be $5000, less any workers compensation payment.
APPENDIX C
TOWN OF LOS GATOS
SALARY SCHEDULE
(Effective July 1, 1986)
Range
Step A
Step B
Step C
Step D
Step E
Step F
C -1
709.60
745.60
782.40
822.40
863.20
907.20
C -2 -
727.20
764.00
802.40
842.40
884.80
929.60
C -3
745.60
782.40
822.40
863.20
907.20
953.60
C -4
764.00
802.40
842.40
884.80
929.60
976.80
C -5
782.40
822.40
863.20
907.20
953.60 '
1001.60
C -6
802.40
842.40
884.80
929.60
976.80
1026.40
C -7
822.40
863.20
907.20
953.60
1001.60
1062.40
C -8
842.40
884.80
929.60
976.80
1026.40
1078.40
C -9
863.20
907.20
953.60
1001.60
1052.00
1105.60
C -10
884.80
929.60
976.80
1026.40
1078.40.
1133.60
C -11
907.20
953.60
1001.60
1052.00
1105.60
1161.60
C -12
929.60
976.80
1026.40
1078.40
1133.60
1190.40