2003-076-Approving The Memorandum Of Understanding Between The Town Of Los Gatos And Afscme Local 101 For Fiscal Year 2003-2004RESOLUTION 2003 - 76
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
LOS GATOS AND AFSCME LOCAL 101 FOR
FISCAL YEAR 2003 -2004
WHEREAS, representatives of the Town and AFSCME Local 101, in accordance
with the Town's Employer - Employee Relations Resolution No. 1974 -41, have met and conferred
in good faith within the scope of representation, and
WHEREAS, the members of AFSCME Local 101 have ratified the proposed
2003 -2004 Memorandum of Understanding,
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Council approves the 2003 -2004 Memorandum of
Understanding between the Town of Los Gatos and AFSCME Local 101 as presented in Exhibit A,
and the Town Manager is hereby authorized to sign the agreement 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 16`" day of June, 2003 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED•
MAYO OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF LOS GATOS
AND
AFSCME LOCAL 101, AFL -CIO, LOS GATOS CHAPTER
149k., 63,113
EXHIBIT A
THIS AGREEMENT, SIGNED ON JUNE _, 2003, IS ENTERED INTO AS OF JUNE 22,
2003 BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER REFERRED TGAS 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 THE TOWN:
Debra Figone, Town Manager
Gary Rogers, Human Resources Director
John Curtis, Parks & Public Works Director
Steve Regan, Superintendent
Tim Boyer, Superintendent
FOR AFSCME:
Ruben Galvan, AFSCME
John Bianchi, AFSCME
John Mardesich, AFSCME
Frank Salcido, AFSCME
Mike Ferrero, Business Agent
AFSCME Local 101
TOWN OF LOS GATOS - AFSCME LOCAL 101 MOU
TABLE OF CONTENTS
Section
Title Page
1.
Purpose ................ ...............................
1
2.
Term .. .. .......... ...............................
1
3.
Union Rights ............ ...............................
1
4.
Savings Clause .......... ...............................
2
5.
Union Membership and Payroll Deductions ...................
2
6.
Management Rights ...... ...............................
3
7.
Town Employer - Employee Relations Resolution ..............
3
8.
Equal. Employment Opportunity ............................
3
9.
Non - Discrimination ...... ...............................
3
10.
Compensation ........... ...............................
4
11.
Out -of- Classification Pay ... ...............................
4
12.
Payroll Practices ......... ...............................
4
13.
PERS Benefits .......... ...............................
5
14.
Insurance Programs and Rate of Town Contribution ............
5
15.
Family Medical Insurance Premiums ........................
6
16.
Cash Allocation Plan ...... ...............................
6
17.
Deferred Compensation ... ...............................
6
18.
Uniforms ............... ...............................
7
19.
Mileage ................ ...............................
7
20.
Work Schedule .......... ...............................
7
21.
Overtime ............... ...............................
9
22.
Call Back ............... ...............................
10
23.
Standby ................ ...............................
11
24.
Emergency Work ......... ...............................
11
25.
Vacation Schedule ....... ...............................
12
26.
Vacation Checks ......... ...............................
12
27.
Vacation Time Cash -out ... ...............................
12
28.
Sick Leave .............. ...............................
12
29.
Holidays ............... ...............................
14
30.
Personal Leave .......... ...............................
14
31.
Maternity Leave /Family Leave /Medical Leave .................
14
32.
Catastrophic Time Bank ... ...............................
14
33.
Bereavement Leave ...... ...............................
15
34.
Military Leave ........... ...............................
15
35.
Personal Emergency Leave ...............................
15
36.
Jury Duty ............... ...............................
15
37.
Leave Without Pay ....... ...............................
15
38.
Accrual of Benefits ....... ...............................
16
39.
Notice of Vacancies ...... ...............................
16
40.
Promotions ............. ...............................
16
41.
Probationary Period ...... ...............................
16
42.
Outside Employment ...... ...............................
16
43.
Attendance ............. ...............................
17
44.
Personnel Files .......... ...............................
17
45.
Performance Evaluations .. ...............................
17
46.
Seniority ............... ...............................
18
47. Layoff Policy ............ ............................... 19
48. Layoff Reinstatement ..... ............................... 20
49. Contracting Out .......... ............................... 21
50. Safety Committee ........ ............................... 21
51. Safety ................. ............................... 21
52. Physical Examinations and Tests ........................... 21
53, Workers' Compensation ... ............................... 21
54. Grievance Procedure ...... ............................... 22
55. Comprehensiveness of Agreement .......................... 23
APPENDICES
A. Scope of Representation ... ............................... A -1
B. Salary Schedule (Classification and Salary Ranges) ............ B -1
C. Bi- weekly Salary Schedule Effective 6 -22 -03 .................. C -1
Bi- weekly Salary Schedule Effective 1 -04 -04 .................. C -2
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 Statq Government Code and the Town
Employer - Employee Relations Resolution.
2. Term
The term of this agreement shall be for one (1) year commencing on June 22, 2003
and terminating on June 19, 2004.
3. 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 Premises
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.
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. Savings Clause
If any provision or the application of any provision of this agreement as implemented
should be rendered or declared invalid by any final court action or decree or by
reasons of any preemptive legislation, the remaining sections of this agreement
shall remain in full force and effect for the duration of this agreement.
5. 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 Town shall not be obligated to
put into effect any new, changed. or discontinued deduction until the pay period
commencing thirty (30) days or longer after such submission.
The Union shall certify in writing to the Town any changes in the amount of
membership dues or service fee.
2
The Union shall indemnify and hold harmless the Town against any and all suits,
claims demands, and liabilities that may arise out of, or by reason of, any action or
omission of the Town in complying with this Section.
6. Management Rights
The Union recognizes that the rights of the Town include, but are not limited to, the
exclusive rightto 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 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.
7. 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.
8. Equal Employment Opportunity
The Union and Town support equal employment opportunity programs.
9. 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
3. Any accommodation provided to an individual protected by the ADA
shall not establish a past practice.
10. Compensation
Compensation for classifications covered by this Agreement shall be as set forth in
Appendices B and C, incorporated herein and attached hereto.
11. 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.
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.
12. Payroll 'Practices
a. Payroll Periods and Availability of Checks
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;
b. Automatic Deposit
The Town shall provide an optional electronic check deposit system for use
by employees.
C. Deduction and Accrual Information
Payroll deductions and leave balances shall appear on paychecks and be
current to the latest payroll period.
4
13. PERS Benefits
a. 2% at 55
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. °
C. EPMC, 414(h)(2) IRC
Effective June 24, 2001, the Town will cease its participation in the Public
Employees' Retirement System "Employer Paid Member Contribution
(EPMC) provision. Concurrently, the Town will begin paying in salary to the
employees covered by this MOU the equivalent dollar amount of the former
EPMC (7% of salary). Employees shall be responsible for making their own
PERS member contributions.
Substantially concurrent with the adoption of this MOU, the Town will adopt
a Resolution materially the same as that recommended by the Public
Employees' Retirement System to implement the provisions of 414 (h) (2) of
the Internal Revenue Code (IRC). AFSCME accepts the terms of this
Resolution and acknowledges that this Resolution will applyto all current and
future members of AFSCME.
14. Insurance Programs and Rate of Town Contribution
a. Dental - The Town will provide payment of family dental premiums for Delta
Dental Plan.
b. Medical - 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 Terris Disability Policy effective 8th calendar day; with
coverage of 60% weekly earnings up to maximum of
$1300 /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 $6000 /month.
5
15.
16.
17.
e.. Employee Assistance Program - Premium to be paid by the Town.
Town shall provide paid release time for training related to the employee
assistance program. Such training shall be mandatory and the topics shall
be selected by the Town.
f. Unemployment Insurance - Unemployment insurance shall be provided by
the Town.
Family Medical Insurance Premiums
In lieu of the Cash Allocation Plan (Section 16) the Town will provide payment of
medical insurance premiums equal to the cost of Kaiser 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 15) the Town will
provide an allocation per employee of $5052.32 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 open enrollment period.
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.
Deferred Compensation
The Town shall continue to make a Deferred Compensation program available to
employees. The Town makes no representation on the merit of the 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.
D
18. Uniforms
a. 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.
b. Safety Equipment
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 using personal vehicles on official Town business shall be reimbursed
at the mileage rate established by the I.R.S. Private vehicles used for Town
business shall comply with the California Vehicle Code.
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.
7
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 Division 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
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.
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 Schedule --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.
0
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 Holiday
Employees who are scheduled to work on a holiday, recognized in the
MOU, will be compensated as follows:
A. On Work Dav - If the holiday falls on a normally scheduled
workday, the employee will receive eight hours 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).
3. 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. Scheduling
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.
b. 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. If an employee elects
to receive compensatory time off in lieu of overtime pay, for each hour of
overtime work they will receive one hour of compensatory time credit and 0.5
hour at the employee's regular rate of pay in cash payment.
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.
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. The maximum accrued compensatory
time accumulation shall be eighty (80) hours.
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.
10
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.
C. Eligibility - Employees who can respond within a reasonable 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 employees during their first year of employment, who
are not assigned to Sewer activities.
24. 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 period shall be considered as compensated time.
11
25. Vacation Schedule
The following vacation schedule shall apply to all employees:
Month of Employment Accrual Rate
0 to 36 months
10 days per year - 3.08 hours per pay period
37 to 60 months
16 days per year - 4.92 hours per pay period
61 to 120 months
21 days per year - 6.46 hours per pay period
121 to 180 months
23 days per year - 7.08 hours per pay period
181 months and over
25 days per year - 7.70 hours per pay period
Maximum accrual of vacation hours shall be 320 hours.
26. 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.
27. , - Vacation 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 time twice per year in May and November. Such monies
will be included in the first payroll check of June and December.
All Employees may apply vacation 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 1000
hours.
12
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.
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.
13
29. Holidays
The following shall be observed as paid eight (8) hour holidays for
employees represented by the Union:
January 1 st (New Year's Day)
3rd Monday in January (Martin Luther King's Birthday)
the 3rd Monday in February (President's Birthday)
the last Monday in May (Memorial Day)
July 4th (independence Day)
the first Monday in September (Labor Day)
Thanksgiving Day
the Friday following Thanksgiving Day.
December 25th (Christmas Day)
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.
31. Maternity Leave /Family Leave /Medical Leave
The Town recognizes State and Federal law regarding Maternity Leave and
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.
32. Catastrophic Time Bank
If an employee, spouse, or significant other, or 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 employees to donate accrued CTO, holiday, vacation, or sick leave
to the requesting employee in accordance with Departmental policies to be
developed.
14
33. Bereavement Leave
A maximum of 40 hours of bereavement leave shall be provided to each
employee for a death in his /her 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.
34. 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.
35. 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.
36. Jury Du
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 continue;
the employee shall turn over to the Town any compensation (other than
travel related) from the courts or other source for jury duty.
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.
15
38. Accrual of Benefits
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 five (5 %) percent increase in salary or an amount which 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.
42. 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.
16
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.
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.
17
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. Seniori
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.
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.
W
47. Layoff Policy
a. As used in this Section, the following words and phrases shall be defined as follows:
1. Service Seniority shall be defined as the length of time an employee has
served as a regular employee of the Town. Service seniority shall not be
earned for standby duty, overtime work, during periods of suspension without
pay as a result.of disciplinary action, or for non - medical leave without pay.
Service Seniority for unpaid military leave will be considered in the manner
prescribed by State and Federal law.
2. Classification Seniority shall be defined as the length of time the employee
has served as a regular employee in a classification including anytime spent
in a higher classification. Higher classification shall mean a job classification
in the same classification series with a higher salary range in which the
employee has served as a regular employee.
3. A lower class shall mean a class with a lower salary range.
b. Order of Layoff - When one or more employees in the same class are to be laid off
for lack of work, purposes of economy, curtailment of positions or other reason, the
order of layoff shall be as follows:
Temporary employees in the order to be determined by the appointing
authority.
2. Probationary employees in the order to be determined by the appointing
authority.
3. Permanent employees in inverse order of classification seniority.
C. Notice of Layoff - Employees subject to the provisions of this Section shall be given
a minimum 30 calendar day notice.in writing prior to the effective date of layoff. The
Union shall receive concurrent notice, and upon written request within seven
calendar days after the notice is given shall be afforded an opportunity to meet with
the appropriate Town representatives to discuss the circumstances necessitating
the layoff and any proposed alternatives to such layoff. Notwithstanding the effort
to work cooperatively, the Town has the exclusive right to determine the methods,
means, numbers and kinds of personnel by which by services are to be provided.
The Town's decision to make a reduction in force or layoff an employee(s) is not
subject to the duty to meet and confer.
d. Reassignment in Lieu of Layoff - In the event of layoff, any employee so affected
may elect to:
Accept a position in a lower class in which the employee has attained
permanent status, or a position in lower class within the series containing the
class from which the employee is being laid off, provided the employee is
otherwise qualified and has more service senior than other employee(s) in
such lower class.
19
2. Accept a vacant position in a_lower class for which the employee has the
necessary education, experience, and training as determined by the Director
of Human Resources or designee.
3. Any employee entitled to the options noted above, which involve assignment
to a lower classification, may elect to be placed on layoff in lieu of accepting
such assignment to the lower class. In the event the employee elects to be
placed on layoff, such employee will only be recalled to the classification
from which the employee elected to be placed on layoff.
48. Layoff Reinstatement
a. The names of such persons who are laid off or who elect reassignment in
lieu of layoff in accordance with the provisions of Section 47 d. of this
Memorandum of Understanding shall be placed upon a Reinstatement
Eligible List in inverse order of Service Seniority, i.e., the person with the
greatest Service Seniority on the Reinstatement Eligible List for the classes
affected shall be offered reinstatement when a vacancy exists in the affected
class. Prior to reinstatement, an employee shall be required to meet the
qualifications of the positions to which he /she is reinstated.
b. In the event an employee accepts reinstatement to a lower class to which the
employee is entitled, such person's name shall remain on the Reinstatement
Eligible List for reinstatement to higher class, provided such a person, except
for lack of seniority, would have been otherwise entitled to such higher class
at the time of the most recent layoff.
C. Any person who is reinstated to a class which is the highest class to which
they would have been entitled at the time of the layoff shall have the
employee's name removed from the Reinstatement Eligible List.
d. In the event a laid off employee cannot be contacted by the Town through
usual and customary channels within 10 working days, such person's name
shall be removed from the Reinstatement List, providing, however, that such
person within the twenty -four month period specified herein may request that
his /her name be returned to the Reinstatement Eligible List and such
person's name may the at sole discretion of the Personnel Officer, or
designee, be returned to the Reinstatement Eligible List. In this case, the
decision of the Personnel Officer or designee shall be final and not subject
to any grievance procedure contained herein.
e. In no event shall the names of any person laid off pursuant to the provisions
of this Section remain on Reinstatement Eligible List for a period longer than
twenty -four months from the effective date of such person's most recent
layoff.
Upon reinstatement to any classification to which the employee is entitled
pursuant to the provision of this Section, all benefits acquired by the
employee prior to layoff shall also be reinstated. An employee shall not
receive credit for time spent on layoff in computing time for any benefit
entitlement.
20
g. A laid -off employee shall lose their reinstatement rights for:(1) failure to
return to work within 30 days of notice of reinstatement; (2) retirement; and
(3) termination for cause.
h. Laid -off /displaced employees shall be paid accrued leaves and related
benefits in accordance with this Memorandum of Understanding and
applicable Town policies and rules. Employees being re- employed who
received a sick leave pay off at the time of layoff /displacement, shall have
the uncompensated portion of their sick leave balance restored; provided,
however, that only those sick leave hours accrued after re- employment shall
be applied to sick leave payoff or retiree medical related to a subsequent
termination.
49. Contracting Out
No bargaining unit employees shall be laid off as a result of the Town entering into
a contract with any outside party.
50. Safety Committee
Union shall encourage its members participation in the Town -wide Safety
Committee.
51. Safetv
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.
52. 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.
53. 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.
21
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.
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 injuryverified as such and eligible forworker's compensation
disability payments, the Town will compensate employees for the first three day
waiting period.
54. 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.
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.
55. Comprehensiveness of Agreement
Town and Union agree that this agreement represents all salary, wages, and
fringe benefits subject to negotiation and available to employees.
23
APPENDIX A
SCOPE OF REPRESENTATION
AFSCME Local 101, Los Gatos Chapter
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
Sweeper Operator
Tree Trimmer /High Climber
Facilities Coordinator
Parks and Maintenance Worker Trainee
Parks and Maintenance Worker
Senior Parks and Maintenance Worker
Lead Parks and Maintenance Worker
Any new classifications created in the Town work force shall be assigned to bargaining
units pursuant to the Town Resolution 1974 -41.
"WAS
APPENDIX B
TOWN OF LOS GATOS
AFSCME LOCAL 101, LOS GATOS CHAPTER
CLASSIFICATION & SALARY RANGE TABLE
Classification:
Equipment Mechanic
Town Arborist
Sweeper Operator
Tree Trimmer /High Climber
Facilities Coordinator
Parks and Maintenance Worker Trainee
Parks and Maintenance Worker
Senior Parks and Maintenance Worker
Lead Parks and Maintenance Worker
Range
813
813
s
:4t
C -1
APPENDIX C
TOWN OF LOS GATOS
HOURLY SALARY SCHEDULE
(Effective June 22, 2003)
Range
Step 1
St, ep 2 Step 3 Step 4
Step 5
Step 6
808
$22.27
$23.39 $24.55 $25.79
$27.07
$28.43
811
$23.97
$25.17 $26.43 $27.76
$29.14
$30.60
813
$25.17
$26.44 $27.75 $29.15
$30.60
$32.13
820
$17.33
$18.20 $19.10 $20.06
$21.06
$22.11
830
$21.22
$22.28 $23.39 $24.56
$25.79
$27.07
840
$23.96
$25.15 $26.42 $27.73
$29.12
$30.58
850
$26.36
$27.68 $29.06 $30.51
$32.04
$33.64
C -1
C -2
APPENDIX C
TOWN OF LOS GATOS
HOURLY SALARY SCHEDULE
(Effective January 4, 2004)
Range
Step 1
Step 2 Step 3 Step 4
Step 5
Step 6
808
$22.72
$23.86 $25.04 $26.31
$27.61
$29.00
811
$24.45
$25.67 $26.96 $28.32
$29.72
$31.21
813
$25.67
$26.97 $28.31 $29.73
$31.21
$32.77
820
$17.68
$18.56 $19.48 $20.46
$21.48
$22.55
830
$21.64
$22.73 $23.86 $25.05
$26.31
$27.61
840
$24.44
$25.65 $26.95 $28.28
$29.70
$31.19
850
$26.89
$28.23 $29.64 $31.12
$32.68
$34.31
C -2