1991-132-Approving Memorandum Of Understanding Between The Town Of Los Gatos And Afscme Local 101RESOLUTION 1991 -132
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101
BE IT RESOLVED, that the Town Manager is authorized to sign the
Memorandum of Understanding on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a special meeting of the Town Council of the
Town of Los Gatos, California, held on the 10th day of June, 1991 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson,
and Mayor Brent N. Ventura
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MG061091.R1
MEMORANDUM OF
AGREEMENT
Los Gatos Chapter
Local 101
AFSCME, AFL -CIO
R.�<N CLERK
7
AGR:
vz
Town of Los Gatos
Corporation Yard
Bargaining Unit
1991-1992
July 1, 1991 To June 30, 1992
P
N. ,,AORANDUM OF UNDERSTANt .NG
BETWEEN
THE TOWN OF LOS GATOS
AND
AFSCME LOCAL 101, CORPORATION YARD UNIT
THIS AGREEMENT, SIGNED ON ()c_'b be r I T, 1991, IS ENTERED INTO AS OF
JUNE 23, 1991 BETWEEN THE TOWN OF LOS GATOS, 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 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:
1,� J,
David W. Knapp °^
Town Manager
Cy:�fil
Rob rt Bryant
Town Negotiating Team
Michael La Rocca
Town Negotiating Team
Marker
Town Negotiating Team
Carla Turner
Town Negotiating Team
FOR AFSCME:
0� T =!
Jilb Schoenborn
Union Negotiating
Q�
Nori Carbonell
Union Negotiating Team
George Davis
Union Negotiating Team
/��j '�
Walter Gonzales`, /
Union Negotiating Team - Alternate
4&4a&
David Ofria
Business Agent, AFSCME, Local 101
AF ME LOCAL 101, CORPORATIOI 'ARD
TABLE OF CONTENTS
Section Title
Page
1
Purpose ................. ...............................
1
2
Union Rights ............. ...............................
1
3
Management Rights ........ ...............................
1
4
Town Employer - Employee Relations Resolution ..................
2 -3
5
Affirmative Action ......... ...............................
2
6
Non - Discrimination ....... ...............................
2
7
Union Membership and Payroll Deduction .......................
2
8
9
Term .................. ...............................
Compensation ............. ...............................
2
2
10
PERS Benefits ............ ...............................
2 -3
11
Contracting Out ........... ...............................
3
12
Uniform Allowance ......... ...............................
3
13
Insurance Programs and Rate of Town contribution ................
3 -4
14
Family Medical Insurance Premiums ...........................
4
15
Cash Allocation Plan ........ ...............................
4 -5
16
Payroll Periods ............ ...............................
5
17
Payroll Checks ............ ...............................
5
18
Deferred Compensation ..... ...............................
5
19
Mileage ................. ...............................
5
20
Tuition /Registration Reimbursement ...........................
6
21
Out -of- Classification Pay ..... ...............................
6
22
Work Schedule ............ ...............................
7
23
Overtime ................ ...............................
8
24
Call Back ................ ...............................
8
25
Standby ................. ...............................
8 -9
26
Emergency Work .......... ...............................
9
27
Notice of Vacancies ........ ...............................
9
28
Promotions ............... ...............................
9
29
Probationary Period ........ ...............................
9
30
Vacation Schedule ......... ...............................
9
31
Sick Leave ............... ...............................
10
32
Holidays ................. ...............................
11
33
Personal Leave ............ ...............................
11
34
Bereavement Leave ........ ...............................
11
35
Military Leave ............ ...............................
11
36
Personal Emergency Leave ... ...............................
11
37
Leave Without Pay ......... ...............................
12
38
Vacation and Overtime Cash -Out .............................
12
39
Accrual of Benefits ......... ...............................
12
40
Jury Duty ................ ...............................
12
41
Outside Employment .............. I ........................
12
42
Personnel Files ............ ...............................
12
43
Safety Committee .......... ...............................
13
44
Safety .................. ...............................
13
45
Physical Examinations and Tests ..............................
13
46
Worker's Compensation ..... ...............................
13
47
Seniority ................. ...............................
13
48
Layoff Policy ................. ..........................14 -15
P
TABLE OF CONTENTS (C inued)
Section Title Pace
49 Performance Evaluation ....... ............................ 15 -16
50 Grievance Procedure .......... ............................ 16 -17
51 Comprehensiveness of Agreement ............................. 17
52 Attendance ............... ............................... 17
53 Vacation Checks ........... ............................... 17
54 Equal Employment Opportunity Grievance Procedure ..............17 -19
55 Vehicle Use .............. ............................... 19
APPENDICES
A Scope of Representation .................. A -1
.................
B Salary Schedule (Classification and Salary Ranges) ................. B -1
C Bi- weekly Salary Schedule .... ............................... C -1
D Workers Compensation Program .............................. D -1
E Side Letter ............... ............................... E -1, 2
P
1. Purpose
The Town and the Union agree that the purpose of this Memorandum of
Understanding is to promote and provide harmonious relations, cooperation, and
understanding between the Town and the employees represented by the Union; to
provide an orderly and equitable means of resolving disputes that may arise
concerning this Agreement; and to set forth the full agreements of the parties
reached as a result of meeting and conferring in good faith regarding matters within
the scope of representation pursuant to the State Government Code and the Town
Employer - Employee Relations Resolution.
2. 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.
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.
3. Management Rights
The Union recognizes that the rights of the Town include, but are not limited to, the
exclusive right to determine the mission of its constituent departments, commissions
and boards; set the standards of service; determine the procedures and standards of
selection for employment and promotion; direct its employees; take disciplinary
action; relieve its employees from duty because of lack of work or other legitimate
reasons; maintain the efficiency of governmental operations; determine the methods,
means, and personnel by 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.
4. 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.
MGR033 A: \MOU \AHCME9I.FNL 9/26/91 -1-
Any changes in F )lution 1974 -41 which apply to AFS( E Local 101 will be made
after meeting and consulting with the Union.
5. Affirmative Action
The Union and Town support both affirmative action and equal employment
opportunity programs.
6. 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.
7. 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 l?nion shall certify in writing to the Town any changes in the amount of
memo rship dues or service fee.
The Union shall indemnify and hold harmless the Town for any claim made and
against any lawsuit instituted against the Town as a result of the implementation of
Section 7.
8. Term
The term of this agreement shall be for twelve (12) months commencing on July 1,
1991 and terminating on June 30, 1992.
9. Compensation
Effective June 23, 1991, the salary schedule attached as Appendix C shall be in
effect, which reflects a one and one -half percent (1 -1/2 %) general increase.
10. PERS Benefits
The Town shall permit employees to purchase PERS credit for military service time.
All employees involved in the PERS plan shall have the option to assume payment
MGRO33 A: \MOU \AFSCME9I.FNL 9/26/91 -2-
of their own PE._.i contribution at the beginning of a_a during their last year of
employment with the Town. The monies previously paid to PERS by the Town to
cover the employee's contribution will be added to the employee's salary. An
employee who opts for this conversion and proceeds to pay the employee's
contribution shall not have to retire within one year nor shall said employees have
the option to revert back to the Town -paid employee contribution.
11. Contracting Out
No bargaining unit employees shall be laid off as a result of the town entering into
a contract with any outside party.
12. Uniform Allowance
The Town shall pay a uniform allowance of $275.00 per year payable in January of
each calendar year. Newly hired employees shall receive a prorated uniform
allowance during their first year of employment, except that employees hired after
July 1 of the year shall receive a minimum of 50% of the first year's allowance. The
uniform allowance payment shall be paid with a separate paycheck.
Union recognizes the Town's right to specify a uniform and require that employees
be in proper uniform at all times Effective August 21, 1988, all newly hired and
newly promoted employees will receive and wear Town issued and maintained shirts
with a Town patch. All other employees may participate in this program on a
voluntary basis. This program shall not affect the uniform allowance provision.
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.
13. Insurance Programs and _Rate _of Town Contribution
Dental - Town will ensure that a Dental Plan is available to employees. For
those employees who have chosen the family medical insurance
coverage provided in Article 14, Town will contribute $53.00 towards
the cost of the program through June 30, 1992.
Medical - Effective August 1, 1991, the Town will provide a choice of coverage
under the Public Employee's Retirement System Health Benefits
Medical Program. Current coverage provided under Kaiser, Lifeguard
or Preferred 100 will be extended until July 31, 1991.
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 twice the employee's base salary, not to exceed $150,000.
Disability - Policy effective 31st calendar day; coverage of 60% of salary up to
maximum of $5,000 /month.
MGR033 A: \MOU \AFSCME91.FN1. 9/26/91 -3-
14.
15.
Vision - TI. Town to provide up to $120.4 per family for annual
reimbursement for the cost of eye glasses, frames, eye exams, contact
lenses and related expenses. This program will apply to the employee
and immediate family (spouse and unmarried children under the age
of 19 who are living at home, or 23 years of age and full -time students).
Employees shall use any medical coverage provided by their medical
carrier prior to requesting Town reimbursement. Amounts not used
from the reimbursement account shall not be carried forward beyond
the fiscal year ending June 30 of any year.
Employee
Assistance
Program - Premium to be paid by the Town.
Unemployment
Insurance - Unemployment insurance to be provided by the Town.
Family Medical Insurance Premiums
In lieu of the Cash Allocation Plan (Section 15), the Town will provide payment of
medical insurance premiums equal to the cost of Kaiser North family medical
insurance program offered by the Public Employees' Retirement System Health
Benefit 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 Flexible Benefit Program.
Cash Allocation Plan
In lieu of the Family Medical Insurance Premium Plan (Section 14), the Town will
provide an allocation per employee of $4,245.00 per year. Allocation shall be made
for individual positions based on the Position and Classification Plan. Full -time
employees shall receive 100% of the cash allocation, part -time employees shall
receive 75 %, half -time employees shall receive 50 %. There will be an annual 30 day
enrollment period. This enrollment period shall normally coincide with the open
enrollment period for medical benefits.
a. Taxable Benefit
Any portion of the benefit allocation may be taken as a taxable cash option.
The cash option shall be paid in two equal amounts in December and June
by separate check.
b. Pre -Tax Benefits
Pre -tax benefits available in the plan are medical and dental
insurance.
C. Deferred Compensation (457 ) Plan
Any portion of the benefit allocation may be placed with the Town's approved
deferred compensation carrier.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -4-
16. Payroll Periods
The Town and the Union 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; however, overtime may appear on the next payroll period
if it is worked following the submittal of time sheets, or during a pay period
with a Town holiday which requires early submittal of time sheets and early
distribution (before Friday) of paychecks. This may also occur at the end of
the fiscal and calendar year.
Every effort will be made to make paychecks available to employees as soon
as checks are signed and ready for distribution; and
(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.
17. droll Checks
Payroll deductions and leave balances shall appear on paychecks and be current to
the latest payroll period.
18. Deferred Compensation
The Town shall continue to make a deferred compensation program available.
19. Milne
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. This rate shall be
tied to the rate in effect for the State of California and shall be automatically
adjusted in accordance with that rate on July 1 of each year, except that the rate
shall not exceed the IRS limit for reportable income.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -5-
20. Tuition /Registr4 .i Reimbursement
The reimbursement program shall include costs or tuition and registration for
educational opportunities including college and university courses, lectures,
demonstrations and other job - related training subject to the following:
(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) All requests for reimbursement must be approved in advance on an
Education /Tuition Form. The employee may elect to receive reimbursement
before or after completion of the course. All expenses must be documented
however, with a copy of the course description, flyer, registration packet, etc.
Receipts must also be submitted for any books.
(5) Following completion of the course, documentation must be submitted to
reflect satisfactory completion, i.e., passing grade, or verification of completion
of course. If reimbursement (or advance) is requested prior to course
completion, documentation of satisfactory course completion must be
submitted within 3 months of the completion of the course. Documentation
within the prescribed time frames is the responsibility of the employee.
(6) If documentation is not received, a deduction will occur on the paycheck to
cover the expenses advanced. The employee will be notified in advance prior
to any deduction from the pay check. All other finance and paperwork
procedures must also be followed.
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.
21. Out -of- Classification Pav
The Town and the Union agree that it is the intent of Town management, whenever
possible, to avoid working an employee out of classification for a prolonged period
of time.
It is further agreed that an employee assigned to work out -of- classification shall be
compensated from the first day of the out -of- classification assignment. Out -of-
classification pay shall be a minimum of two ranges, approximately five percent
(5 %), above the employee's regular salary; or the lowest rate of the higher
classification, whichever is greater.
Training programs mutually agreed to by the Town and the Union which are
designed to enhance and /or provide career development opportunities shall not be
subject to this provision.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -6-
22. 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 7:00 AM and end at 3:30 PM. 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 5:00 AM shall receive
additional compensation of $7.50. Non - overtime work begun between 5:00 AM and
6:59 AM shall receive additional compensation of $5.00.
Parks Department employees who work the summer ten day schedule shall be
compensated at the rate of 1.50 hours for each hour of work on Saturday and
Sunday. To the extent possible, Town shall assign the summer ten (10) day schedule
on a rotational basis.
Work on Holidays
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).
Employees who are scheduled to work on a holiday, recognized in the MOU, will
be compensated as follows:
Workday
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).
DDay OffOff
If the holiday falls on a normally scheduled day off, the employee received 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).
Holiday compensation of any form shall only be paid on holidays observed under
Section 32 - "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.
4 -10 Proposal for Vehicle Maintenance Shop
The Town agrees to maintain a 4/10 (4 day per week/ 10 hours per day) plan for the
vehicle maintenance shop as long as Monday and Friday in each workweek can be
covered by a mechanic. In addition, this program shall be evaluated quarterly to
determine if productivity and coverage meet the Town's repair needs. This will
determine if the program will continue.
MGRO33 A: \MOU \AFSCME9I.FNL 9/26/91 -7-
23. Overtime
All overtime to be scheduled pursuant to the needs of the Town. Overtime shall
first be made 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 based upon either
hours in excess of eight (8) per day or hours in excess of forty (40) per week.
Overtime work shall accumulate or be paid off at the employee's option subject to
the scheduling needs of the Town. Parks department employees who work the
summer ten day plan may accumulate compensatory time off or request pay in
conjunction with the 4 days normally scheduled off on the 10/4 program. The
maximum accrued overtime accumulation shall be fifty (50) hours.
Voluntary comp time cash -out will be allowed at the end of November each year,
with the specific date determined by the Finance Department.
Utilization of comp 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.
24. Call Back
Call back is defined as Town required return to work after a 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.
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.
25. Standby
The Union recognizes the Town right to schedule standby assignments for employees
at Town discretion. Standby assignments shall be made in order to provide services
outside the regular work schedule. Standby assignments shall first be made on a
volunteer basis; in the absence of volunteers, the Town shall schedule standby. To
the best of its ability, the Town shall schedule standby assignments as far in advance
as possible. The Union recognizes the need for standby provision of services and
further recognizes that employee failure to respond when assigned standby duty may
be cause for disciplinary action including termination.
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.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -8-
I
Employees who .1 respond within a reasonable tim :rind (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.
26. Emergen!Z! 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.
27. Notice of Vacancies
Town job vacancies shall be posted on the Corporation Yard Bulletin Board for the
duration of the recruitment period.
28. Promotions
Subject to the needs of the Town, promotional examinations shall be used whenever
possible to fill vacancies in the Town service.
Employees promoted to higher paying classifications shall receive a minimum of a
2 range, approximately five (5 %) percent, increase in salary subject to not exceeding
the highest step in the range of the higher classification.
29. 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.
30. 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
15 days per year - 4.62 hours per pay period
61 to 120 months
20 days per year - 6.16 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 384 hours.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -9-
31. Sick Leave
Accumulation rate shall be eight (8) hours per month (3.70 hours per pay period)
with unlimited accumulation.
The Town may require Union represented employees to provide a doctor's statement
of proof of illness for any use of sick leave beyond one working day.
All employees with annual leave and /or sick leave balances as of June 30, 1991 shall
make a onetime conversion of these balances to sick leave and /or vacation on an
hour for hour basis.
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 Emolovment
1- 59 months at 25%
60 - 119 months at 37.5%
120 months or more at 50%
In order to be eligible for the terminating sick leave cash -out program, an employe
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.
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.
The retiree shall be responsible for 100% of their share of future medical insurance
payments once the account is exhausted.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -10°
32. Holidays
The following shall be observed as paid holidays for employees represented by the
Union:
January 1st.
3rd Monday in January.
the 3rd Monday in February.
the last Monday in May.
July 4th
the first Monday in September.
Thanksgiving Day.
the Friday following Thanksgiving Day.
December 25th.
four (4) hours each on December 24 and December 31.
every day declared a holiday by the President or Governor, subject to the
Mayor also proclaiming the day as a holiday
Holidays which fall on Saturday shall be observed on the Friday prior, and holidays
which fall on Sunday shall be observed on the following Monday.
33. Personal Leave
Sixteen (16) hours per calendar year; non - cumulative; no cash value.
34. 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.
35. Military Leave
Time off shall be provided for up to a maximum of four (4) weeks per calendar year
with proper documentation on orders submitted 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.
36. 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.
MGR033 A: \MOU \AFSCME9LFNL 9/26/91 -11-
37. Leave Without 1,
Leave without pay shall be subject to approval of the Town Manager.
An employee who is on leave without pay shall not earn any employment benefits
(including, but not limited to such benefits as vacation, sick leave, medical benefits,
dental and other insurance benefits, retirement credits for time employed or seniority
entitlements of any kind) for the duration of such leave. An employee who is on
leave without pay will have the ability to continue medical and dental coverage at
their own expense in accordance with the Town's administrative policy on benefit
retention.
Vacation, sick leave, or time worked shall not be used intermittently during an
extended leave to interrupt a determination that an employee is on leave with no
pay.
38. Vacation and Overtime Cash -out
Employees who terminate from Town service shall have all accrued vacation leave
and overtime 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 annually cash out one week of vacation on November
30th.
39. Accrual of Benefits
No accrual of benefits during unauthorized leave, suspension, or leave without pay.
40. ku—Muty-
An employee required to serve as a trial juror or an expert witness (expertise related
to Town employment) shall have his /her salary and benefits continued; the employee
shall turn over to the Town any compensation (other than travel related) from the
courts or other source for jury duty.
41. Outside Em 2llovment
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.
MGRO33 A: \MOU \AFSCME9I.FNL 9/26/91 -12-
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. 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.
As part of the joint committee, the Town agrees to discuss median island safety.
The Town will use two people on median islands when possible.
45. Physical Examinations and Tests
The Town agrees to provide full cost reimbursement for physical examinations and
job - related tests that may be required of employees as a condition of continued
employment with the Town.
46. 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 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.
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 (see Appendix D).
47. 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.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -13-
48. Layoff Policy
Although a reduction in force (lay -off) is not anticipated it is recognized that it is the
sole right of the Town to determine when such reduction in force is necessary. In
recognition of the Union's concerns about seniority, however, in the event of any
budget deficit requiring lay -off, the Town will first freeze future hiring and through
attrition attempt to solve any temporary expenditure deficit. The Town will then lay-
off probationary, temporary, and hourly employees prior to laying off full -time,
permanent employees.
A minimum thirty (30) day calendar notice shall be provided to employees. Layoff
shall be based on "performance" as well as seniority on an equal 50150 basis for
employees with less then 10 years of service. Layoff shall be by classification.
Affected employees who are qualified to do so shall 'bump" down to previously held
classifications in the Town.
Emolovees With Less Than 10 Years of Service
In determining order of layoffs, employees shall first be listed in the order of their
continuous service with the Town. Each employee shall be given a numerical credit
of one (1) point for each month of continuous service with the Town.
Subsequently, a review of each employee's personnel file shall be made and a
numerical score shall be assigned to each of the employee's last five (5) annual
evaluations on file. The actual scoring shall be as follows:
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 "P' rated performance.
Performance factors rated between "E" and "M" shall receive a point
assignment of 10.5. Performance factors rated between "M" and "I"
shall receive a point assignment of 7.5. The sum of the points will
then be divided by the number of performance factors in order to
determine an overall score for the evaluation. The sum of all the
scores from the individual annual performance evaluations shall then
be calculated, divided by five (5), and then multiplied by the number
of years of employee seniority. Employees shall then be listed in a
separate list by overall performance evaluation scores as derived from
the above described procedure.
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.
Employees With 10 Years of Service or More
Layoffs shall be based upon date of hire seniority.
MGRO33 A: \MOU \AFSCME9I.FNL 9/26/91 -14-
For both of the ' ve categories, the Town shall devel and maintain in the Town
Personnel Office layoff lists that will be available for inspection by Union-
represented employees at least thirty (30) days prior to the scheduled adoption of
the Town annual operating budget.
49. Performance 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.
Town agrees to delete the sick leave standard of 4 days from the Performance
Evaluation.
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.
Evaluations
The Town agrees to provide employees with a copy of both the initial and final
versions of their quarterly and annual performance evaluations.
(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 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. Counselling
should normally take place between the worker and the immediate supervisor.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -15
(b) UNFAVC ABLE REPORTS ON PERFORM. .CE 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 incudes 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.
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.
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 employe 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.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -16-
The timt nitations for filing and responding 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.
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 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.
54. Equal Employment Opportune Grievance Procedure
A. Intent - It is the intent of this procedure to provide an efficient means for
resolving individual or group problems of a sensitive nature quickly and with
a minimum of formal procedural requirements.
B. Scone - 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.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -17-
C. Limitatio, The establishment of this procedui or resolving complaints of
discrimination shall supplant regular grievance procedures but not prohibit
employees or applicants from filing complaints with the Equal Employment
Opportunity Commission (EEOC), the Department of Fair Employment and
Housing (DFEH) 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. A141Zrieved Person: An employee or applicant for employment who
feels discriminated against or harassed on the basis of 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 Employment Opportunity (EEO) Counselor: An employee
trained in EEO practices and counseling techniques to 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. Representatives: In presenting and resolving grievances employees may
represent themselves 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.
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91 -18-
e. Seek informal Resolution of pt ems by facilitating open
communication between the aggrieved and departmental
management.
2. Formal Complaint: If informal resolution of problems through
conciliation 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 Officer's
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 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 for informal adjustment of the
problem through negotiation or conciliation with Department
Head or the parties to the complaint.
f. Present findings and recommendations for adjustments 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.
55. Vehicle Use
Parks personnel on the 10/4 plan will not take home vehicles on weekends.
MGRO33 A: \MOU \AFSCME9I.FNL 9/16/91 -19-
APPENDIX A
Scope of Representation
The Union shall represent employees of the town filing permanent full -time and permanent
part -time positions as authorized in the position control resolution for the following
classifications:
Building Maintenance Custodian I
Building Maintenance Custodian II
Equipment Mechanic
Town Arborist
Maintenance Worker I /II /III
Park Maintenance Worker I /II /III
Sweeper Operator
Tree Trimmer /High Climber
Mechanic's Helper
Any new classifications created in the Town work force shall be assigned to bargaining
units pursuant to the Town Resolution 1974 -41.
A -1
MGR033 A: \MOU \AFSCME9I.FNL 9/26/91
APPENDIX B
TOWN OF LOS GATOS
SALARY SCHEDULE
(Effective June 23, 1991)
Classification:
Building Maintenance Custodian I
Building Maintenance Custodian II
Equipment Mechanic
Town Arborist
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
Mechanic's Helper
WE
MGRO33 A: \MOU \AFSCME9I.FNL 9/26/91
Range
C -3
C -5
C -13
C -13
C -2
C -6
C -11
C -2
C -6
C -11
C -8
C -8
C -4
9/27/91 9:38 AM
r.
SAL99.92.XLS -L
APPENDIX
C
TOWN OF
LOS GATOS
SALARY SCHEDULE
(EHective June 23, 1991)
AFS
Step A
Step A
Step 8 Step 8
Step C
Step C
Step D
Step D
Step E
Step E
Step F
Step F
Range
Hourly Bi- Weekly
Hourly BI- Weekly
Hourly EM-Weekly
Hourly Bi- Weekly
Hourly Bi•Weekly
Hourly Bi- Weekly
1035
868.00
11.41 912.80
11.97
957.60
12.58
1,006.40
13.22
1,057.60
13.88
14.23
1,110.40
1,138.40
C-1
C-2
11.12
889.60
11.68 934.40
12.27
981.60
12.88
13.22
1,030.40
1,057.60
13.54
13.88
1,083.20
1,110.40
14.59
1,167.20
11.41
912.80
91.97 957.60
961.60
12.58
12.88
1,006.40
1,030.40
13.54
1,083.20
14.23
1,138.40
14.95
1,196.00
G4
11.68
934.40
957.60
12.27
12.58 1,006.40
13.22
1,057.60
13.88
1,110.40
14.59
1,167.20
15.33
1,226.40
C-5
11.97
981.60
12.88 1,030.40
13.54
1,083.20
14.23
1,138.40
14.95
1,196.00
15.71
1,256.80
C-6
12.27
1,006-40
13.22 1,057-60
13.88
1,110.40
14.59
1,167.20
15.33
1,226.40
16.11
1,288.80
C-7
12.58
12.88
1,030.40
13.54 1,083.20
14.23
1,138.40
14.95
1,196.00
15.71
1,256.80
16.50
16.92
1,320A0
1,353-60
C-8
C-9
13.22
1,057.60
13.88 1,110.40
14.59
1,167.20
15.33
1,226.40
1,256A0
16.11
18.50
1,288.80
1,320.00
17.35
1,388-00
C-10
13.54
1,0113-20
14.23 1,138.40
14.96
15.33
1,196.80
1,226.40
15.71
16.11
1,288.80
16.92
1,353.60
17.78
1,422.40
C-11
13.88
1,110.40
14.59 1,167.20
1,195-20
15,71
1,256.80
1,320-00
17.35
1,388-00
18.23
1.458.40
C-12
14.23
1,138-40
14.94
1,226.40
16.11
1,288.80
16.2
1,353.60
17.8
1,422.40
18.69
1,495.20
C-13
14.59
1,167.20
15.33
9/27/91 9:38 AM
r.
SAL99.92.XLS -L
APPENDIX D
WORKER'S COMPENSATION PROGRAM
Corporation Yard Employees
BENEFITS
MEMORANDUM OF UNDERSTANDING
Guarantees that employees will receive State - mandated benefits.
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
1/1/91 $336 /week
Benefit not to exceed 2/3 of salary.
Waiting periods expressed in calendar days.
Three (3) days, unless employee is hospitalized. In the event of a non - hospitalized
on- the -job injury verified as such and eligible for worker's compensation disability
payments, the Town will compensate employees for the first three day waiting
period.
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.
D -1
MGR033 A: \M0U \AFSCME9I.FNL 9/26/91
APPENDIX E
Jim Schoenborn
President, AFSCME - Local 101
Corporation Yard Unit
The following side letter is a summary of our discussions during negotiations and represents
the Town and AFSCME's agreements:
A. Notice of Vacancies (Section 27).
It is the Town's intent to fill vacancies as expeditiously as possible.
If the Town expects that vacancies will exist for more than 90 days, the Town will
fill the position on a provisional basis.
If a regular position has been filled on an interim basis with a temporary employee
and the vacancy extends beyond 90 days, the employee's status will be changed from
temporary to provisional.
The Union and the Town will monitor the filling of vacancies in the bargaining unit
through the existing Employee - Employer Relations Committee.
B. 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. Assignments to work
can be made on a reverse seniority basis. The list shall rotate.
C. Work Week (Section 22)
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.
E -1
MGRO33 A: \MOU \AFSCME9I.FNL 9/26/91
Fi7
E.
F
G
H.
Employee Assis .ice Plan
Town to provide paid release time for periodic training related to the employee
assistance program with such training to be mandatory and the topics to be selected
by the Town.
Disability and Worker's Compensation Committee
The Town will form a committee representing all 3 bargaining groups plus
management to study the benefits offered by the Town's Disability and Worker's
Compensation Programs verses converting to S.D.I. The Committee should
complete its work by January 31, 1992 and present any recommendations to the
Town Manager.
Stand -By Training
The Town will provide additional training in stand -by duties for newly hired Public
Works employees during their first year of employment, who are not assigned to the
Sewer Department.
Equivalent Increase
In the event that another group receives an increase during Fiscal Year 1991 -92
greater than the AFSCME unit, an equivalent increase shall be offered to the
AFSCME unit.
License Upgrade ,
The Town shall pay $50.00 to employees who upgrade from a Class C license to a
Class B license (or from a Class C to a Class A) during the period from January 1,
1989, to April 1, 1992. the Town shall pay the cost of up to two (2) license
application fees per employee during this period.
(-�.--
D VID W. KNAPP
Dated:
E -2
J SCH NBORN�
Dated: 1�f-Z� /z 7%
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