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Off Docket - MOU Non-Safety Employees' AssociationTO: FROM: James L. Bowersox, City Ma INITIATED BY: John D. Fitch,. Assistant City anage Joyce A. Posey, Personnel Manage ENDA REPORT '.. CITY OF POWAY Honorable Mayor and Members of the City Council a DATE: SUBJECT: ABSTRACT August 19, 1986 Memorandum of Understanding Non -Safety Employees' Association ")ky. Negotiations have been concluded with the Poway Non -Safety Employees' Association. To become effective, the Memorandum must be adopted by the City Council. BACKGROUND Beginning in March the City's negotiating team met with representatives of the Non -Safety Employees to negotiate a successor Memorandum of Understanding. The attached Memorandum represents the results -of approximately twC1ye meetings with the Association andis proposed to be effective July 1, 1986. RECOMMENDATION .It is recommended that Council adopt the proposed resolution adopting the Memorandum. of Understanding with the Non. -Safety Employees' Association. JLB:JDF:.JAP:vf Attachment Memorandum of Understanding. • Non -Safety Employees' Association AUG 19 1986 ITEM OFF-- 00C KC/ IMSOLUTICN NO. 86- A FESOLUTICN OF, THE CITY COUNCIL a CF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE NWRA NDUR OF.UNDERSTAMING BETWEEN THE CITr OF POWAY AMID THE NON -SAFETY' ASSOCIA lai ArID ZINC' THE FRR=IAL PLAN FOR FISCAL YEAR 1986-1987 WHEREAS, representatives of the Non -Safety Employees' Association have met, and conferred in good faith with representatives of the City of Poway in accor- dancewith. Government Code Section 3500 in an attempt- to reach a memorandun of understanding regarding wages, hours and other terms and conditions of e1nP®yment f and NEREASI as a result of these: meetings, a reced mewrandum of under- standing, i.ng has been jointly Primed: and MHU&M`r the City Council. of the City of Poway wishes to adopt said memo- random. of understanding; and 3EA►S4it is necessary to amend the fiscal year 1986.-1987 Financial Plan to provide for the changes in the: Memorandum of Understanding with the NW -Safety Mp oyees' Association. NOWT 'CITY -� T MPEFOREr THE CITY COU -IL OF THE OF POMY, CALIFORffAy, - DOES Y -F ESOLVE DECLARE, D NM E AND` ORDER AS FOIXAM s 1. That the Memorandum of Understanding bebmen the City of Poway and. the Non. Safety Employees' Association., 'which has been affixed to this reso- lutson and. marked Attachment "A". is hereby' adopted. 2. That. the Financial Plan for fiscal year 1986-1987 is hereby amended to ovide for. than es in the Pr g compensation of city ealoyees contained. in the Memorandum of Understanding with the. Non -Safety Employees ' _ Association. - PASSED,. ADOPTED ANO APPFMM r by the City Council of the City of Poway, California, at an adjourned regular meeting thereof this 19th day of August, 1986.. Carl R. Kruse, Mayor { ATT; Marjorie R. Wahlsten, City Clerk AUG 19 1986 !TEM u 1 Nmoran�iun of Understanding (NW -SAFETY'S Table of Coa�tents ARTICLE 1, GENERAL: Page 4 1 . Purpos • • e- • e • e- ! e ! e ea,0 'e • . i 2 e. . Scope .s o s er . a e .: ! r • f e .11 ' .. • • -. e a e •' • •' • • ! � 3. General: Provisions e e , • s • ! a • e s s s e e: . • 1-3 A. City loyee Relations -' �Ewloyer,/E Resolution !. - O • . _ • 0 • •- e a r !. • W W • e- • • - . �• - '�. l � Resolution. CityAff rmativ Action. w s e • .' 9 • .� Cm ConstructJon • r. o • • f s e a s e s r � • e ! D' City Rights r 2 j Unit Determination, . . •. . Jurisdictional. Disputes. e • ._ . v ! 2 Awards l e e • s . s, e • • • w • e e •. e• • s • e 2. Time. Spent. for Meet st` Confer. and - :Grievances •; -af • -• •- or • • e e f �.'• • a. • • •` • 2' Representatives'Access to Work Site,,. e a •; Emp oyez Use of City facilities.0 0 0 W 0 • W, 2. Availability of. Data a ... .'0 • . 2-3 t]iS.L1= 2 • Sia V.e:+RC3s7I= l7sYSJ WOW • • e ' a • ! e. a e s • • w w • e, J 3.0stZi.11Y SIM6'11.ZJ:.L CbvtIOLY e f • • e • • e- o s r • • e e Ws o • s -• 3 AM= 4 • ,Df JRATIGN CrCu7ivaC�L iC�V J. ® s , .f • 0 e •. a •• of • ' •• e • r s • • 3-4 A.Ri:la- �" S • rYC31.iC;7 r • !' of W a e e f e ' r o • • i • e' s' 4 < • W • f e •` 4- (;. 6;f 1 I Ytw? e• s' a •- • s e 0 s •o • • • • e e • • • e- • e -o- • 01 6-9ARV[CO ! ± 10 Vacation •- eF fei • e .' a s • e • w e i . B ! Sick I�Ve r . e e` •y' 0 •re v s, e s e• r • . e s W . • }yyv 6-Z 4 3'f• - � Holidayaf � f>. ! e'., �r • !; • • 9', -• • • e`- .• • •` e 1- •' e` 7 - • ' / $ 4s uan?nte�ve eas • s, a e o • f • er s • e e e.g_g ARTICLE 7 •. PAYROLL WOES wmO • e: . • .. . a, 0 0 W • f • e .• : V 940 1. Geral. W e e e • e e 01 01 e .. o e 0, • . • w • , .: 9 2.; CarpensatoryT Time Off CCTO} ., • • a • e . f . t . 9. 30- Due% Deduction • e: • r e s s . i r: s ` •' • • f • a •, a 10, AMCE • TS a s • • 0 • • • r a Oi s e: 61 01 ! r . • • e 61 or e 10: U 1 • Hospital and Medical • ., e s e . 01 . W e.. or e • 0 10, 2, f We Care'., e r or v: . e, e' s: e, e • • e ! ! . .' r s: e• s 10 F 30:, Life. Insurance'• .• e r r r •. e- e ! e • e • • r e !, e: 10 4 • n Term Ds Lo ability =ncsne Insurance.._ • e ! ZO- r AUG 19 1986 TE M Q9 -rbc ..�.x AUG 19 1986 IT E --o AWICL 9 • BICE a mcim PAY. • • . • 0• e • . • n-17 16 Tuition'' Rein ursement •: • e: r E • •• • • • • e` •' a e . 2r Vnifonm Q[ Bga t.• r s • r • • • • a • 3-1-12 Prcbati� • ® • r e e 0, r • s • s r • s • r-• e s r • e s • a 12-13 `g' �• Safety • • • s s • • • • • r• e • s e s e • • • • • • • e s •- • s o s S.- Acting Pa�y.. •_ a e r e • • t • • e13 6 • Meal& Rest Periods r • r s e • e- s r • r-- • s, • e o14, 7. Travel. Expenses � s • s • • e • � e � s r • r • a • 13 VsMMC6111 e f 0 o r • •• a • • s • e • • or • a Y®1* Bene/9 .` f�it Days.-. • • s �', t' r a .• s s s •• • • e r, • •, s ,I, J 1V s, �L3.C7Si%�er • r • c a r • e r • • s • • s s •' ` • s 17 U. Layoff and. Remploynent s • • s er • a e • 0 s 17 12.. RessZgnations • • ' a • s e r • s_ • • • aI • Or • • • • a 17 x r •' Union. 13'. Cruet Vnio r • • s- w •• s W. • • • • r a • e' e • e• e• 18 14.. Shift , Differ n • s e • • e • • • r s e • • s • w y$ • Call Back Tim* a � s s o e 18 MIME- l" • GRIEVANWs PROCEM e e s • s •• a • s a eARXICIS • s s- • • s a 1 20 11� AN SOCIALbhWkWIT • • e, • s • s • � • • r :o 2( ARMCM, 12 ., PERSONNEL ' s � s t'• •. • • • s f e e • s o e a s f 0- 2 ICLE> 13 r t cmam. s a • "•• e • 61 e r 01 e • s s • s • •. s• �. • •21 Y AWICM 14 0•MAI 1 OF MEMBr•iRSIUr • r s e • • • • s e •AWICM 15 e GW.t1 ui: iY.7 • r w e r 0 • a e 01 • s e + • �,, •. s 2L Z - :. . jam' y+j�•��-•� }ri���lY��y},< ,' a_ m �OyK .t� r_�y* ♦ wr �. � . � r.�rr�w.. 4 , - _ � rwr�.+.�w� � r - AUG 19 1986 IT E --o {��'�{{{. jjam�((((�.{//.���jjRAM. M ,},N,�J}/-y[(��[�. This is the memorandum of understanding as provided for in the glifornia. Government Code Sections 3500 through 3510, which is also known as the Myers -Mi llias Brown Act. This memorandum is hereinafter referred to as the agreement, between the City of Poway, and the representatives chosen y the majority of the members of the non -safety unit hereinafter referred to as the. Representatives. This agreement shall become effective when adopted by the City Council of the City of Poway. Article 1 General. Section 1 Rurp2se. t This agreement. recognizes the Representatives as the majority representative of all nonagenent and non -confidential employees, of the City, excluding the the Fire Department personnel, and represents the unit for the matters within scope of meet and confer, and the Representatives accept the duty of fair repre- seatation in. meet and. confer and under this agreanent. Section 2. Ste. Meet and. confer is limited to wages, hours, and other terms and conditions of employment, and shall. not include any items not covered by this agreement, or b any subject prem ted.y Federal. or, adopted. by .:reference in: this agreement or State law. Amenc7meits to this agreement that are within the scope of meet and g confer shall require, prior meet and confer between the representatives and the. City. Section 3, General Provisions. A. City PjP_1,0IVer­EM10Yee Relations- Resolution. The Representatives herein adopt by reference the City Employer -Employee Relations Resolution in its present form and as it may be from time to time. amended. by the City Council. B. City Affirmative Action Resolution. The Representatives herein, adopt by reference the City Affirmative Action. Resolution and the City Equal Employment Opportunity policy and any subsequent changes or 'amendmemts' thereto. C. Construction. The rights, powers and authority of the City Council in all. matters shall. not be modified or restricted by this agreement. In interpreting the language of this agreement 6 first the plain meaning of the Language shall. prevail, thenthe trade or industry usage of the language shall be considered; then the intent, of the parties shall be nsidered. F AUG 19 1986 ITEM 6f-�- ... AUG 19 1986 1 T E M 0-&P-Dbckai D•., City Rights The rights of the City include, but are not limited to , theexclusive right todepart- determine the mission of its constituent rents, missions, ccximi.tteesa and boards; set. standards of servicer 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 orr for other legitimate reasons; maintain the eff iciency of operations; determine the methods r means . and personnel by which operations are to be conducted;: determine the content of job classifications; take all necessary actions to carry out its mission in mergencies; and exercise complete control and •� discretioa over its organization and the_ technology of performing its _ work.. The Representativesrecognize.: and hereby. adopt. by reference the following City _ proceduresz 1. Unit Determination.. The City reserves theprivilege• of establishing { { units for• meet and confer. x t G 2'. Jurisdictional. Disputes. In, the. event. of jurisdictional disputes bet- y' ween competing employee organizations, or unit claims, the employees of all units shall continue working under, the agreement in force atthe: time.. ., 3 ® Awards.. Service. Recognition and Special. Awards shall be granted. or not granted at the discretion of the City Council. 4 . Time, Spent for Meet and Confer and Grievances.. The: City allows reason- able time: off without loss of benefits ` for a reasonable number of recognizedrepresentatives for; the purpose of meet: and confer and: for grievance representatonn. Reasonableness is determined by the City Manager. 5.. Representatives of employee organizations may be allowed reasonable- easonableaccess accessto work -location only after they, have: obtained permission of the City Manager.. _ 6. Employee organizations may with prior approval of the City Manager, be granted the use of City facilities during non-mmrking hourss for mee `ting = � � � • Of City employees provided space is available, and provided. further such meetings are not usedrfor` organizational. activities or, membership f drives of City employees, e. 7.. Availability of Data. The City will make available to employee organi- zations such non-confidentialL information pertaining to employment relations as is contained in the public records of the agency, subject ` to the limitations and conditions set forth herein and:. in the California Government Code.: P AUG 19 1986 1 T E M 0-&P-Dbckai Such , information shall be made availableduring regular office hours in accordance with the City'srules and procedures for -making public records available and after- payment for reasonable costs, where. applicable.. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected ona promise to keep its source confidential may be made available in statistical surmaries, but shall not be made available, in such form as to disclose the source. Nothing in this procedure shall be construed to require records that are Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to City Policy; Working papers or memoranda which are notretained in the ordinary course of business or any records where the public interestserved by not making the recordavailable clearly outweighs the public interest served by disclosure of the record; Records pertaining to pending Litigations towhich the City is a party, or to claims or appeals which have not been. settled, Nothing hereinshall be construed as requiring the. City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the- City. Article 2. Severability and, Savings. If any portion of this agreement, or the applicaticn of such portion to any per- son or circumstance, shall be invalidated by judicial or legislative action, the remainder of this agreement, or the application of such portion to persons or circumstances other than those as to which it is invalidate shall not be affected thereby and shall remain in full force and effect., Article 3.. Sympathy Action.. During theterm of this agreement, neither the Representatives nor any person or persons covered by this agreementshall engage in any sympathy action or action of any type in supportof any other unit or units, person or persons, or employee organizations: not having an agreement in effect with. the City. Article 4. Duration of. Agreement. This entire agreanentshall carotenes at. 12:01 A.M. on July I r 1986, and ter- minate at 11:59 P.M. on June 30, 1987. AUG 19 1986 ITEM OW -Dock -ed. At the expiration of < th grnent ` in whole or in part =.ad in the absence of a, new agreement, this unit and the City agree to continue operating under the provisions of this agreement until. such time as a new agreement is reached, pro- v ded., . however,. that it has been, agreed that the new agreement will be retroac- hive to the expiration of this agremt. Article S. YM0.gess 'REPECTIM JOE, 30!, 1986 The, following position classifications aree established as full -tame at the salary ranges indicated, P for employees in this unit. Classification Range, H Q U R L Y RATE'S, Title No. A B s D R Account Clerk 11 172- 7.387 7.764. 81.160 8.577 9.014 Account. Clerk i 162' 6.688 7.:029- 7.387' 7.764 8.160 j Administrative Clerk Il 165 6.890 7.,242 7:611. 7.,999 8.408 Administrative Clerk: I 155 6.238 6.-556 6..890, 7.242 7.611 Administrative Secretary 1:85 8;.408= 8.836 9`..287` 9.761 10.259 Building Mint., Worker 173 7..461. 7.:842 8.242 8.662 9.104 Const.. Maint. Supervisor 208 10.570 1:1..109 11.675 12,271. 12.897 Const.. Mai:nt. Worker, III, 193 9.104 9..569:, 10:057 10.;570 11,109 _ Const. Maim. Worker. II 183 82.242, 8..662:: 9.104: 9.569 10.057 Oonst., Maint.- Worker 1. 173 7.461 7.842 8.242. 8.662 9.104 Customer Services} Worker ° 186 8..492: 8.925 9.380 90.858, 10.361 Depart.. Aide: - Operations 195 9.287' 9,..761. 10.259 10.782 17:-.332 Enga neer ng Aide 1.95 9'.287 9.761 10.259- 10.:782: 11:.E332. Equip., p. Maint. Supervisor 219 11.792; 12..394 13.026 13.690. 14.389' f F. Rquipwnt Mchazuc 202: - 9.957 10 A65 10.999 ii560, 12.1:50 ° f , Laborato Techncsan 219 11792 ' 12.394 13:.026 13-.690 _ 14.389 landscape. Maint.. Supervisor 200 9.761 10.259' 10'.782 11:.332 11.6910 Meter Mechanic.192 9.014 9.474 9.957 MAO 10.999 I Park Ranger' 111 184` 7.999 8.408 8.836 9:-,287 9.761. Paris Ranger II 170 77.242 7.611 7.999' 8:..408 8.836 Park Ranger I -160! 6.556 6.890 7.242 7.61:1: 7.999 Park Mint. Worker. In 185 8.408 8.836 9.287 9-0:761 10..259 Park Maim.Worker II 175 7'.611. 7.999 8..408 8,:836 __-9.287__-9.287, 4Nti i. Park, Ma t. Worker I 165 6.890 '7.242 7.611, 7.999 ..8.408 Planning Technician 186 8.492' 8.925 9.380 9.858 10.361 Public Services Inspector 215 11.332 11..910 12.518 '13.156 13.827 Ranger Aide 155 6.238 6.556 6.890 7.242: Recreation rdinator 1.90 81.836 9.287' 9.761 10.259 10.782 Recreation mer 180 7.999 8.408 8.836 9.287 9.761 Secretary 175 7.611 7.999 8.409 $.836' 9.287- .287Sr. Sr,,Bldg. Maint, Worker. 198 9.569 10.:05.7 10.570 11, 11.675 Sr.. Pub. Sexv. Inspector 225 12.518 13.156 13.827 14:.533: 1:5.274 Sr. Util. Sys.., Techn. 224 12.394 13.026 13.690 14.389 15.123 Storekeeper I 189 8.749 9.195 9.664 10.157' 10.675 Storekeeper _ 169 7.170 7.534 7.:920: 8.3248,.' 749. - Treat. B1t. Oper., III 219 11.792 12.394 13=.026 13.690 14.389 Treat... Pit. Cper. Ii 209 .10.675 11.220' 11.792: 121.394 13.026 Treat. Pit.. + I- 1.99' 9'.664 10.157 40X675 Il.. 220 11.792 . . .�.---Uti dties-� -4M 6edhanic - , � -200 ..g x761. - -10.259 -�� 1.0.782. 11:.332 < y: 11..910 Utilities Sys. Technician 214 11.220' 11.7921 12.394 13.026 13.690 �-. Water Ops., Treat, Super, 238.5 14.317' 15.048' 15.816 16.622 17.470' R -4- AUG 19' 1986 ITEM O-W-Dc, -- 4.�h='.t. s= - __, ,.y.F��.}.. _�. �? �y'Yr......,�.-��_.�i: r'-r•�+•- .tsz_ f�:� ¢-rte �;.r _.Y;,�..-est•_ ...-�..-s:�..:ae.�cwx _5 AUG 18 1986 IT E M 0 -4 -Doc- k -e` EFEIVE DEER 29, 19bv ;•' Classification Range R OU R L: YRATES, - Title. _ IVo. A e _ _ g e _ _ C _ _ _ D E; ..: 14 Account Clerk II 176.5 7.725 8.119 8.534 8.970 9.:427 Account Clerk I 166.5 6.994 7.351. 7.725 8.119 8.534 Administrative Clerk II 169.5 7.206 7.574 7.960 8.366 8.793 Administrative Clerk,I 159.5 6.523 6.856 7.206 7.574: 7..960 r Administrative Secretary 189.5 8.793 9.241 9.712: 10.208: 10.728 Building Maint., Worker 177.5• 7.803 8_.201 8°620 9.059 9.521 Const. Maint., Supervisor 212.5 11.054 11.618 12..2n' 12.833 13.488' Const..Maint. Worker III 197.5 9.521 10.007 10.517 11.054 11.618 Const. Maint Worker II 187.5 8.620 9.059L 91.521 10.007 10.517 Const. Maint.. Worker 1 177.5 7.803 8.201 8.620 9.059 9.521 Customer. Services Worker 190.5 8.880' 9.333 9.810 10.310 10.836 Wit.. Aide. - Operations Engineering Aide 199.5 199.5 9.712 9.712 10.208 10.208 10.728 10..728 11.276 11.276 11.85.1 11..851 Equip., Maint Supervisor 223.5 12.332 12..961 13.623 14..317 15.:048 Equipment Mechanic 206.5 10...413 10.944 11.502 12.089 12.706 oratory Technician. 223.5 12.332 12.961 13.623 14.317 15..04.8 Landscape Wnt. Supervisor 204.5 10.208 10.728 11.276 11.851 12.456 Meter Mechanic 196.5 9.427 9.907 10.413 10.944 11.502 Park Ranger., Ill 184.5 8..366 8.793 9.241. 9.712: 10.208 Park Ranger 11 174.5 7.574 7.960 8.366 8..793' 9.241 Park: Ranger, 1 164.5 6.856 7.206 7.574 7.960 8.366. Park Maint. Worker` ITL 189.5 8..793, 9.241. 9.712 10.208 10.728 Park Maint. Worker II 179.5 7.960 8.366 8.793 9.241 9.712: Park. Maint. Wbrker i' 169.5 7.206 7.574 7.960` 8.366 8..793 Planning Technician 190.5 8.880 9.333 9`..810- 10..310 10.836 r Public Services Inspector 219.5 n.851 12.456 13.091 13.758` 14..461 Ranger. Aide 159.5 6.523 6.856 7.206 7.574 7.960 Recreation. Coordinator 194.5 9.241 9.712 10.208 10.728: 11..276 Recreation. Leader 184.5 8.366 8.793 9.241 9.712 10.208 ; Secretary 179.5 7.960- , --8:.366 8.:793 9.241 9..712 Sr'. Bldg. Maim. Worker 202, 5' 10.007 10.517 1:.054 116618 12.21% Sr Pub,Serv. Inspector 229.5 13.091 13.758- 14..461 15.199 15.973 Sr. Uts:1.SYS. Technician 228.5 12.961. 13.623. 14.,317 15.048 15.816 ,� . Storekeeper Ii 193.5 9.150 9.6,17 10.107 100;623 11.165 - ' F Storekeeper P 173.5 7.498 7.881 8.283 84705 9.1:50. Treat.. Plt. Open, Uj 223.5 12.332 12.961 13.623 14.317` '15.048 - 15.048 Treat. Treat., Mt.. AperII 213.5 11.165 11.733 12.332 12.961: 13.623 Treat. Plt. Open.L I 203.5 10.107 10.623 11.165 11.733 12.332 • Utilities Sys. Mechanic 204:.5 10.208 10.728 1.1.276 11.851 12.456 Utilities. Sys. Technician, 218.5 11.733 12.332 12.961 13..623; 14.317 Water Ops. Treats Super. 238.5 14.317 15.048 15.816 16..622 DAM - In. the event that there is a significant increase in the cost of living during the Life of this agreement., the City agrees to meet with representatives: of -the- Association to discuss the impact on the association members. `..-�-�---ti-'�'�'----mac 6=-.n..6:�+-�-- - • - .. _ - - -- 4.�h='.t. s= - __, ,.y.F��.}.. _�. �? �y'Yr......,�.-��_.�i: r'-r•�+•- .tsz_ f�:� ¢-rte �;.r _.Y;,�..-est•_ ...-�..-s:�..:ae.�cwx _5 AUG 18 1986 IT E M 0 -4 -Doc- k -e` L a;• f Article 6. Leaves, Section 1. Vacation. All employees in the unit shall be entitled to vacation leave with. pay except the following: Employees who have served less than six continuous months in the service of the city. For the purposes of caTiputng annual vacation leave, a working day shall be, con- sidered as 1/5 of the number of working or duty hours in the established work week. f one day vacation shah be accrued: for each month of employment., for a total of twelve (12) working days per year. After five (5): years of continuous employment, an additional three (3) days per year shall be accrued, for a total of fifteen (15) working days per year., After ten (10) years of continuous employment, an additional three (3) days per ; year, shall be accrued, for a total of eighteen. (18) working days per year, 1 After fifteen t.151 years of continuous employment, an additional two (2) days= per year shall be accrued, for, a total of twenty (20) working days per year • Vacation time can be accunu fated, to a maximum of 150% of one year'seligibility, and accumlation above, 150 . shall be forfeited. The, times at which an employee may take his vacation shall be determined by the 4 depart head with. due regard. for the wishes of the: employee and particular regard for the needs of the City. In the event one or more: holidays fall within a vacationleave period, such ;. holidays shall not be charged asi vacation. leave, and the vacation leave shall be extended accordingly. employees who terminate'' employment shall be paid in a lump sump for all accrued � vacation leave earned prior to the effective crate of termination, provided theyr have erved six (6) continuous months with the, City and. successfully campleted probation. Section 2. Sick Leave. ' Sick leave with ; pay may be granted to all probationary and regular employees within the unit who are: regularly employed in permanent full-time positions. For the purposes of camputing sick leave, a working day shall be considered as 1/5, of the number of working or duty hours in the established work week. the (1) day sick leave shall be accrued for each month of cloyment for a total of twelve (12) working days per . year ., AUG 19 1986 ITEM-=�- l�a�EG- - Sick leave shall be granted to an employee only for actual working time off. Accumulation of sick leave shall be unlimited. In order to receive canpensation while absent on such leave, the employee shad, notify his imrdiate superior or the department head prior to or within two hours after the time setfor the beginning of his duties. Sick leave over three (3) ' working days atone time nay require certification by the employee's physicianin order to receive canpensation. This requirenent is at the discretion of the department head. In the event of illness inthe mediate family, an employee may use accrued sickleavenotto exceed four (4) days in each calendar year. ` Immediate family shall be designated as mother, father, spouse, sister, brother, and dependent children. employee must notify supervisor in advance when such, leave is being taken and so note ontime card. After' ten (1` 0) years of continuous enp1oyment with the City and upon termination or retirement, an employee will receive > canpensation for unusedsick leave as follows: Upon normal retirementemployee will receive. 50% of all sick leave hours. accrued. Calculations will be at the employee's rateof pay at the time of retirement and will not exceed $4,000. Upon leaving the employ of the. City for other than retirement,: enployee will receive 25% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of termination and willnot exceed $2,000. Upon the death of an enployee, prior to five (5) years of continuous enployment, canpensation for unused sick leave shall be atthe same rate as the termination benefit. Payment shall be made to the employee's designated beneficiary. Holidays. Nem Year's Day Washington's Birthday Merorial Day Independence Day labor Day Veteran' s Day Thanksgiving Day Day after Thanksgiving Christmas Day in this unit are as January 1 3rd Monday -February last Monday -May July 4 ist Monday -September November 11 4th Thursday --November Bourth Friday -November December 25 follows:. +r4rR�9r.MOh�.' :i-'- �.. - _ -" Yy�irWy}�r •WK+�� "Ylxl AUG 19 1986 ITEM 0 -f -r -Docket The day after ChrisbTias, Friday, December 26, 1986, is designated a one -t m only holiday. Canmun ty Services employees, who are required to work on, the followingg designated holidays, will be paid two (2.) times their hourly rate of pay for working the holiday, and they will continue to be paid one and one-half (11) times their hourly rate of pay for working on the other City designated holidays: New Years Day January 1 Memorial Day Inst Monday -lay Independence Day July 4 Labor Day lst Monday September Holidays falling on. Sunday shall be observed on the following Monday. Holidays fallinng on Saturday shall be observed on the preceding Friday and shall be con- sidered as the legal holiday. For the purpose. of canputing holiday pay, a working day shall be considered as 1/5 of the number of working or duty hours in the established work week. In addition. to regular pay for hours worked, emplayees in this unit shall be paid holiday pay, whether on or off duty on the holidays above.` Payment of two (2.) times the apployee's regular hourly rate of pay shall, be. paid for all unscheduled hours worked on a holiday. Section 4. Bereavement Leave. In the event of a death. in the family, a regular employee shall be Eligible for j 1-5 days off with: gay to attend the funeral, subject to the following provisions: A. The relatives designated shall include. father,, mother,, father -.in-law ,, P • SFT mother-in-law,wife, husband, brothers sisters daughter, song grand-- ss5 a { f E •'{ T parents, grandson, grandaughter, brothers and sisters having one parent '. in:. camnon, and those" relationships generally calked "step" providing4 t} , persons in such relationships have Lived or have been' raised `in the 5 ; family hone and have continued an. active familyrelationship.ki 4°' employee may be eligible to use breavement leave to attend the funeral j of a person who has been living with the employee in the same capacity of a spouse, provided, however, the a ployee has -previously notified the personnel office, in writing, of the individuals name.. I B. To be eligible for bereavement leave, the employee must attend or make F bona fide effort to attend the funeral.. F C. Pay for compensable bereavement leave- shall be in the same. amount as pay for sick leave for the same= period, R • - – - _—._ _ .i,w•+..� _rt. :Y.._rlyr/n.w.•fP+.�K'�rEVMi AUG 19 1986 IT LM -F 'tea c,ke-�`- � D. Bereavement leave is not compensable when the employee is on leave of absence, vacation, bona fide lay-off, or for days failing outside the employee's regular work period. E. It is not chargeable against sick leave. k t } F. Ali requests for paid bereavement leave: shall be subject to approval of >{ the Personnel Officer. Article 7. Payroll and Work Week Section 1. General. Regular pay days are designated as every other. Friday, for the two week period ending the previous Sunday. In no event shall the City advance pay, including: pay, for earned vacation. without the ' o prior written approval,. on a case-by-case basis, by the City Manager. Requests for advance vacation pay must be made rior to the end of the period for which ` P pay per pay. as to be received:.. The regular number of working or duty hours in a work week from Monday through, Sunday is established at 40 hours for all full-time employees in the: unit. For employees regularly working :less than 40 hours in. one week, or designated as tame or temporary employees, the r working y ' Part empo ary amp. y , egu�r number of w+orkin or duty hours in a work week, shall be that number of hours for which they are scheduled to work, ' Y 9� part-time Employees designated and who work at least 1,040 hours per year shall E only be eligible to receive fifty percent (50%) of the benefits set forth in Article: 6, Section 2 and. Article 9, Section 2. For full-time employees, unschedul hours worked on Sundays and holidays shall be paid for at double the employee's. rate of pay. Ali employees. yeas. in this unit shall be. pabd one and one-half (11) times their hourly rate of pay for all hours worked in excess of eight (8) hours in one day, ; or, fort (40) hours. in one work week., Employees whose regularly � Y �p Y r y scheduled work.. , _ hours are in excess of eight ('8 Y hours in one. work day are only entitled to receive overtime. pair for the hours worked beyond their regularly* scheduled work delay or forty (40) hours in one work week. Filtration plant employees :assigned to work the forty-eight, (48) hour weekend shift shall be paid. overtime: at 1f c. times their _rate. of.pay for all hours worked in excess of forty 40) hours:.. k - For the purpose of ccmputing overtime, hours of vacation, sick leave and holiday, shall be, considered as hours worked. Section 2. Canpensatory Time -Off (CTO). Campensatory time off, in lieu of overtime, shall be taken as one and one-half (IJY hours; off for each overtime hour worked, The mum accumulation of camensAto time -off shall. be 80 hours; however, the accumulation of hours -•shall be reduced- to 40 -hours at the-- end of -the fiscal year, and. the .employee • �.�,` shall be cat ?ensated for the excess accumulation in a cash payment. F ` Accumulation of cagxnsatory time -off in excess of 40 hours shall be at the w discretion of the department head. _- AUG 9 1986 ITEM 6 - -DbLkit Section 3. Dues Deduction. Upon written request to the Personnel Division, employees may elect to pay dues to the San Diego County Bnployees' Association through payroll deduction. Check will be made payable to the San. Diego County Employees' Association only. Article 8. Benefits. Section 1. Hospital and Medical. The first day of the month° following date of hire, an employee, upon proper application and acceptance, shall be covered by health and dental benefits with coverage as set forth from time to time in the agreenent between the City and the carrier(s). Health benefit premiums for each Employee shall be paid in full by the City. Dependents of each employee may also be covered by health benefit coverage, upon proper application and acceptance. The cost of dependent coverage of the medi.- Z and dental plan will be shared between the City andthe employee. The City shall pay one-half of the dependent Medical premium. cost through December 31, 1986. After December. 31, 1986, the City shall pay one-half of the dependent Medical preni.um cost to a maximum of $93.56 each month, and one-half of the dependent Dental coverage during the life of this agreement. The employee's share of the cost will be made through payroll deduction. A representative of the Association from City Hall, Cotmunity Services Depart - rent and public Services Department, Operations Section, shall participate in a point insurance carmittee for the purpose of recommending an alternative to the fisting indemnity insurance program. The goal for implementing a new program is no later than January 1, 1987. Section 2. Eye Care - :The The city will provide an eye care plan. The City shall .pay 100% of the premium. .for the enployee and his/her dependent coverage. .,'.. Section 3. Life Insurance. The first day of the. `month following date of hire, an employee, upon proper application and acceptance by the insurancecarrier, shall be covered under a group life insurance plan for the amount of one tines annual inane ($10,000 minimum) Section 4. Long -Term Disability Income Insurance. This employee benefit provides for the payment of a monthly inane benefit Payment for those covered employees totally disabled by injury or sickness. The monthly benefit provided under this coverage will be 60% of the employee's monthly earnings to aamaidrnum -of -$1,000, per month. -,r�,:The ,insurance .carrier _pis responsible for calculating the exact benefit amount, based on each individual's incxxne status. _,_ ..._ _ . ., _ ......O_ AUG 19 1986 ITEM 6-1--(-1)3 The insurance carrier for this coverage requires a thirty (30) day waiting period from the first day of the disability to the beginning of the mthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance handbooks until the recovery frcm the injury or sickness or until the employee reaches age 65 The City pays 100% of the premium. _ An employee may use sick leave and vacation to supplement coverage under this benefit up to.. but not in excess of 100% of his: regular rate of pay. Article 9. Service and Special Pay. c Section 1.. Tuition. Reimbursement.. J The actual cost paid for tuition, books and required technical supplies and equ.i pment, to a maximum. of .$150 per fiscal year per employee, will be refunded to all permanent City employees for professional and technical- courses: in. a F accredited educational institutions provided that: 1. The employee has received at least a satisfactoryprofeienr rating on. his/her last performance report. 2. The subject matter of the course relates directly to and contributes toward the 'performance of the employee's position with. the City, 3. The employee must submit. aRequest for Refund. of Tuition and Cost of Books form to the department head and Personnel within three (3.) weeks after the beginning of the class. 4. Before receiving reimbursement.the employeeloyee shall Tarnish. documentation proof of pay and shall provide evidence that he/she has completed the r t course with a grade of C or better in undergraduate: work or a grade 4. of "B" in graduate murk. A grade of "C" or better will be accepted for . etr graduate work frac institutions where an average grade of C is acceptable for graduation. A "pass" will be accepted for undergraduate z classes where a pass/fail- grading system: is used. 5. Text -books and equ pxmeit paid for by the City shall - become the property s Of the City. Reimbursement: for texts and equipment will be approved. only if the text or equipment were not available frau the City. Section 2. Uniforms and Equipment. Y The City win provide and maintain all uniforms that are required by the City for Administrative Services field employees, Ca munity Services lake/park and park maintenance employees, and. Public Services employees as follows: . o• A. Safety shoes shall be worn. by M ployees as required by the City. The ^, employee shall-, be provided an allcwrance of $120 per fiscal year for the purchase of safety shoes. In order to receive reimbursement, the employee must submit receipts of proof of purchase to their department. Reimbursement will be made through Accounts Payable. All other safety clothing required in the performance of duties shall be furnished, by the City. B. The City will. provide and maintain eleven (11) sets of uniform for those employees required to wear uniforms Ealoyees electing to wear City -approved summer attire may receive fewer than eleven sets of stan dard uniforms and. shall be responsible for the maintenance of the_ summer attire. C. Standards of maintenance of uniforms and equipment shall., be determined by the City, and employees must maintain these standards. For the C m munity Services Department employees designated part-time and who - work at least 11040 hours per year, the City will. provide uniforms that are required by the City in accordance with the following: A. Safety shoes shall be worn by employees as required by the City. The employee shall be provided an allowance of $60 per fiscal year for the purchase of safety shoes. in order, to receive reimbursement, the employee must subunit receipts of proof of purchase to their department. Reimbursement will. be made through Accounts: Payable. All other safety -., clothing required in the performance of duties shall be furnished by 3 the City. B. The City wall provide and maintain seven (7) sets of uniforms for those employees required to wear uniforms., Fployees elating to wear City - approved sir attire may receive fewer than. seven (7) sets of star r dard uniforms and shall be responsible for the maintenance of the surinler attire. C. Standards of maintenance of uniforms and equipment shall be determined v by the City, and employees must maintain these standards Section I. Prcbataon., .. All appointments, including promotional appointments, shall be for a prcba tionary period of not less than six (6) months During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. Any employee rejected during the probationary period from, a position to whichhe has been pramoted shall be reinstated ` to a positionin the class fra n which he was promoted unless he is discharged frcm the City. A supervisor may, with concurrence of the department head, rewire an extension f of , an initial probationary period, upon a less than satisfactory performance evaluation.... : R 4. '+"T.'�"r j+'s +s.s;br....a. 'cfi431iG7r —'_ �f - .i»x��Li•.css. =s' ... .". - _ �" .. AUG 19 1986 11 t iv► (YF-C—bb� r y == s Cn recommendation of his supervisor a non -probationary employee may be placed on special probation, however, he shall have the right of direct appeal of the special, probation to the City Manager. The City Manager must be notified of the to ten (I0) calendar days: employee's desire appeal the special probation within of the employee's having been placed on special probation. 'i Section 4. Safety. The unit adopts the following by reference: - The City has a Central Safety Committee with representatives from all units; - The City and all employees shall comply with any applicable Federal and State law, - The City and all employees shall carply with. any policy and/or proce- dure which may fram time to time be promulgated by the City Council. Section; 5. Tanporary Assignment To A Higher Level Vacancy. A. Full Responsibility. An employee specifically assigned on. a temporary basis to a higher level position in which there is no appointed incumbent or in which the: I is on paid or unpaid leave shall be ccm�pensated at the "A" step rate of pay for the higher level position if the service in such position exceeds fifteen (15) consecutive working 'days, which payment `services; shall be retroactive to the first day of such provided; however, that the full range of duties of the higher level position has r ' been specifically assigned in writing on a form provided by the City by the department head or his/her designee. Under no circumstance shall f the rate of compensation be less than five percent. (5%) above the employees current rate of pay. B. Partial Responsibility; An employee specifically assigned to perform a portion of the duties of Y the higher level` position for fifteen (15) or more consecutive working clays shall have the increased pay level determined by the: City Manager in relation to the degree. of the additional responsibility the employee is asked to assume. In no event shall the pay be more than five per cent (5%). The assignment shall be in writing and on a form provided by the City. C. At the conclusion of such an assignment, the employee, shall be restored to. his/ her former classification regardless of the time involved. The employee: way also be considered for promotion to the higher position on _ a permanent status if it were deemed by the City to be vacant. This { provision shall. not be applicable to bona fide education, training and develoFcnent, job enlargement or enrichment. The employee " willbe notified in advance as: to the nature of this assignment. ` .. EdhL�'�''„+'1 •�; Y�>jy,54' wYw.KCi'YL+hY A.. : ' ' -:Ii�YV.:i,..n.x"i!e.r�....="RP. 1w1Ir.......9I!?2-+WK.l:..'�yilM'CiY+(At�ea',fYVv w�cI1Ra^.:F.••u�...ri.Yui[T_t�'1tYw`sZYVIMOaas'WVwf'MtVn'YJ Jif:#TIdN'MM""JS.Rytr%i.'!{S ax.T...+�..r..pli'IMIIyJe`t'. - '-'' il.'_ i V -13- AUG: 19 1986 ITEM 04- _�ke+- r .. _. _ , Meal And Rest Periods. Meal periods and rest periods will be permitted at scheduled intervals insofar as practicable and consistent with operational interests. An employee shallbe notified whether his meal period is considered an on -duty meal period or an off-duty meal period and employees having on -duty meal periods shall be ccgnpensated for the meal period as hours worked. In the event anemployee is required to work in an-energency in excess of twelve (12) consecutive hours, the City shall pay the cost of a meal in the amount of $8.00. An emergencyis an unpredictable, unavoidable occurrence vats and requiring immediate attention. Prior approval of thedepartment head and final approval of the City Manager shall be required prior to reimbursement ursement for travel expenses. Employees using their awn vehicle on approved City business travel will be reimbursed at the rate of thirty cents ($.30) per mile. Employees on approved official business away frau the City will reimbursed for actual and necessary expenses incurred. In order to bereimbursed, anployees must include original receipts for all expenses with the reimbursenent claim form. Advances of travel expenses may be allowed. the City Manager. The City shall maintain a list of eligible Public Services and Adminis- trative Services field personnel who have agreed to stand by for call back as regw.red. Each employee shall be paid on the last full pv period of the month a share of $660 per month which shall be divided edvally among those on the list. The call out list shall consist of qualified employees. List members shall meet the following qualifications (a) must reside within the limits of City of Panay and the can= ntunities of Rancho Pefiasgw.tos or Rancho Bernardo, as deter- mined by the Public Services Operations Manager; ----- - -Ie • rated as , a- Construction Maintenance Worker -11, equal to or above, as determined by the Public Services Operations Manager. -14- AUG 19 1986 ITEM -.T c ke .:��-.q.,, s7s+ .�. ..tis{..G�•wka:,..,.:ta1RaN+s►asce�.'..�rarv..y►:-r.:.:. i-�n...�,rc...:�_... ��e...= _:.iK.l"�E ate" ..:.i :: ,rL►TV•... -l5-- AUG 19 1986ITLM 3, Duty roster to be scheduled as follows with the participation of a list members (a) scheduling to be quarterly; (b) order of names to be maintained as consistent as practical;' (c) names to be rotated progressively up the: list weekly fi m the bottom positioning on up to the Position 1;' -top (d) the member in Position 1 will be the duty person on call (e) list members may substitute positions temporarily _ among them.: selves to allow for special circumstances as stated in Iter: 4. 4. if a call out list member is scheduled for duty and due to special circumstances cannot responde, substitution by another duty List 1 member is allowed, providing.' (a) scheduled duty person arranges substitutions (b) scheduled duty person notifies filtration plant. } S. Duty person will be on call frau 1530 hours of a work day to 0700 hours the following work day during the work week. During weekends from 1530 hours Fridayr to 0700 hours the. following Monday,. and .tale 24 hours of a City observevt holiday. 6. There will be paid a two hour minimums for each. call out. (a) Time; starts for the call out when the duty person receives the call. front the: Filtration Plant. (b) Time stops and call, out is camplete when the duty person notifies the Filtration Plant that thecall is campleted (c) An employee who is contacted while serving A. call out (as - defined. above) and is called to another site for additional duties, shall notbe canpensated for a. second or subsequent call out for this assignment. However, if the employee has left the work site, or sites, and is actually, returning, or 1 has returned, to his/her original point of contact, and is then called out again, the employee shall be compensated for an additional call out., (d) Weekday and Saturday call out time to be paid at one. and one- half' (1J) the hourly rate of pay. t .:��-.q.,, s7s+ .�. ..tis{..G�•wka:,..,.:ta1RaN+s►asce�.'..�rarv..y►:-r.:.:. i-�n...�,rc...:�_... ��e...= _:.iK.l"�E ate" ..:.i :: ,rL►TV•... -l5-- AUG 19 1986ITLM (e) Sunday and holiday call out time to be paid at double the hourly rate of pay. Holidays v ll he rotated equally among those persons on the list inasmuch as possible. 7. It is agreed that if this procedure does not operate to the satis- faction of the Public Services Operations Manager, that the proce- dure. is subject to be revised as necessary following consultation with representatives of this unit. It is understood that this Section does not allow for a reduction- in the amount of the monthly pool. Operational Conditions: 1. The duty person will wean a City pager when away fran his/her listed contact. phone number. 2`. Calls to the duty person will be placed by the Filtration Plant Operator: (a) Plant Operator will screen calls to determine need. to contact duty person., tb) Upon being contacted by the. Filtration Plant Operator, the duty person is responsible to determine the course of action. (c) The. Treatment Plant Operator stands by to assist when: possible in contacting additional enployees when needed. (d) Should duty, person need. assistance, Plant Operator will first atteVt. to call last members progressively. (e) Upon call carplet on, the duty person will advise the Filtration Plant Operator of the: action, taken so that it can be properly logged. _ 3. During a serious emergency, such as a.water main break, the duty son will stand by to assist crew in nekl.n repairs., 'but will , rememain flexible in case of other call outs daring- t4 ti�me. 4. Employees who are assigned standby duty may request the use of a City truck., truck.. The City truck shall be available to the employee, during standby for use as is necessary toensurethat. the employee- mployeeis isreadily, available for call out. However, the employee should use discretion and caaawn sense in the use of the vehicle and. at, all times be aware that they are a public relations representative to the: public and their actions will be scrutinized by the public. E=ept as required for City business , the vehicle should not be taken outside the ca munities of Poway, Rancho Peffascuitos or . -... Rancho Bernardo. Y..r'."�.flM.w'G... $w., ^tel' lifl'r•p,,'SLL1M•4'wLY.-.-r".-.i41hY'Sa'dw..x Tl -Y. 'i'•%1R 14,iWSrMM i ;4�f'�7R�.Jan -16- AUG 191986 ITEM Of f7 17a r =t a•: B. Filtration Plant. When an employee: in the Public Services Department filtration plant forces is re Ared to be available for duty and is required to perform duty at night, on weekends, or holiday duty, he/she shall receive an equitable: share of a lump sum of $150 per month. This lump sum employees standing duty.ty shall be distributedas determined by the- heSection Section9. Benefit Days.. In addition to provisions for vacation, sick leave.r and holidays set forth else- g where herein, each employee who has completed an initial: probationary period shall have available two ( 2) benefit days off each fiscal year. The times at which an employee may take a benefit day off shall be determined by the depart- ment head with due regard for the wishes of the employee and particular regard for the, needs of the City. Remuneration for a benefit day shall be. in accor- dance with the schedule of pay for one working day of vacation. If not taken' during the fiscal year the benefit day(s) shall be forfeited. Section 10. Transfers t An employee transferring from this unit to another unit shall maintain all pay and. benefits accrued in this unit, and upon the effective date of transfer thereafter be governed by the provisions of any policy and/or agreement in effect for such :other unit. Section Il. layoff and Reemployment. Cle, The City may abolish any position or employment and the employee may be laid. -off without taking disciplinary action and without the right of appeal. Persons to be laid-offshall be given at least ten (10) calendar days prior notice, ` and they shall. ' be maintained on a remployment list for a period of twelve (12) months. The order of reemployment after lay-off shall be based on prior performance and seniority as determined by the City. Section 12. Resignations. An ` employee wishing to: resign in good standing shall file with the department head a. written resignation stating the effective date and reasons for resigna- tion at least two weeks prior to the effective date of resignation. The City will pay an employee for all hours worked within 72 hours after terrain- ation, and will. thereafter pay all accumulated: reimbursable benefits as early as feasible. An employee , who has resigned with a good record will be given preferential con- sideration for rehire if a position is available. Decision to rehire is at the. discretion €-#:he- -ity, and the employee will not reestablish rights and/or benefats os� ite `time of resignation.' .�_ .. _ ..� - — - 9 1986 IT E M - - 17 AUG , An, employee with five (5) years service who resigns in good standing and is fi reemployed within a . (2) year period to the same or equal position previously held,, shall be eligible to earn and. use vacation, sick leave, and other benefits to which they are otherwise entitled as if there: had been no break, in service. Section 13. Credit Union. Employeesmay elect to make credit unioncontributions through payroll deduction. Section 14.; Shift Differential, Filtration Plant,. employees: required to work the afternoon and evening shift (.3:00, P.M. to 11:0(Y° P.M.`) and the night shift (11:00 POM.: to 7:00 A.M.) shall be entitled to receive shift differential: pay of $0.70/hour in addition to their' regular rate of pay. Filtration plant amployees assigned to work the forty- eight (.40) hour weekend shift shall receive a 70 per hour shift differential while: working from 3 P.M. to ll P.M. on Saturday and. Sunday and while working' frau 11 P.M. to 7 A.M. on Saturday night and Sunday night.. ' i the k Maintenance Worker Park Co�munity Services Department employees n e Par , Ranger and, Ranger Aide (AdministrativeClerk I) classifications,. who are: assigned a work schedule which requires them to work at least, fifty percent (50 ), of, their shift after, the hour of 5:00 P.M., shan be entitled to shift differential. pay of $0..40/hour in addition to their regular hourly,. rate of pay for the hours worked after 5:00 P.M. , regardless of when the employee:'s meal period is scheduled.. However, if the meal period is scheduled after 5:00 PeM., the employee will be paid, shift differential only for the hours actually worked. Public Services Department employees in the Building Maintenance. Worker classi- fication, who are assigned to work the. night shift, shall be entitled, to shift differential' . pay of $0.40 per hour in addition to their rem hourly rate of pay' for the hours worked'. after 5:00 P.M _ Section 15. Call-Back, Time. Y -Employees, called buck to work after expiration of their normal: work day or work week to perform emergency work shall be guaranteed minimum call-back time of two '{ (2) hours at the appropriate overtime; rate.. r= t Article 10. Grievance. Section 1. Purpose! i A. To promote improved. ecployer-employee relationships by establishing procedures for appealing management. actions'. B., To afford employees individually or through the Representatives a rt systematic means of obtaining further consideration of problems after ery=:reasonable effort_ has L failed to resolve than through discussion.-,� '�-- C. To provide: that grievances shall. be: settled as, near as practicable: to • ' the point of origin. AUG, l9 1986 1T E M Of- h Q_ r i Section 2. Scope.. A grievance shall be: considered as any matter for utich appeal is not elsewhere provided: for or prohibited, concerning: A. a dispute about the interpretation or application of this agreement or of any ordinance, resolution, rule or regulation governing personnel procedures or, working conditions Be a dispute about the practical consequences of a City decision on wages.,- ages.,hours: hours,and other terms: and, conditions of employment- C. a. decision- affecting the: employment of any permanent. or probationary, 4 employee over which the department, head has partial or ,complete a jurisdiction. Section "3. Procedure. A. Informal,, Grievance Procedure - An employee who hasi a problem or complaint should first try to get it settled through discussion with his inmmedi ate supervisor, without. undue delay. If this: discussion, does not satisfactorily resolve the problem, the employee may discuss I it with thesupervi sor Is immediate superior. Every effort should be made to find an acceptable solution by informal ins at thelowest appropriate level of supervision.. If the: employee is not in agreement ` with the decision reached. by discussion, he shall then have theright to file a formal. grievance in writing within five (5) calendar days after receiving the informal -decision of his immediate: superior.. Be. Formal' Grievance Procedure: 1. First `Level of Review:: A grievance shall. be presented in writing to the employee's innedate ' supervisor, who shall render. a deci- sion. and canments inwriting and: return then ` to the employee: within f ve (5) days: after receiving the grievance.. If the employee does not agree with his: supervisor's decision, or if no = '. answer has been received within five (5) days, the: epployee. may - present the appeal in writing to his department head.. 2. Second Level. of Review: The: department headr receiving they grievance, or his designated representative, should discuss the grievance with: the employee, his representative, if any, and with other appropriate persons. The department head shall: render his decision. and comments in. writing, and. return then to the employee within five (5) days after receiving the appeal., If the: employee does, not. agree with the decision reached, or if no answer, has been received within five (5), days, he may present the appeal..- in writing to the City Manager. 3. Third Level of Review:: The City Manager receiving the grievance, T, designated ,representati.ve� should discuss ,the grievance with the employee., his representative, if: any d`with other appropriate persons. The. City Manager, may designate any person or iii persons to advise him concerning the appeal. The City Manager shall render his decision and comments in writing, and return thin to the employee within fifteen (15) working days after receiving the appeal. If the employee does not agree with the decision, reached, or if no answer has been received within fifteen (15) working days, he nay present the appeal in writing th the City Council 4. Final Level of Review: The City Council upon receiving the grievance shall take such actions and such methods as it chooses and render a written final and binding decision. Section 4. Conduct of Grievance Procedure., Day as used in this procedure means calendar day, unless specified to the contrary. ▪ The timelimits specified in this procedure nay be extended at any level of review to a definite date by mutual agreement of the employee and the reviewer concerned. A. • The employee nay request the assistance of another person of his own choosing in preparing and presenting his appeal atany level of review. • The employee and his representative nay be privileged to use a reason- able amount of warp time as determined by the City Manager in confer- ring about and presenting the appeal. . Failure of the employee to takefurther action within the specified time limitsat eachlevel of review, or within. five (5) days if no decision, is rendered, shall constitute withdrawal of the grievance. Employees shall_ be assured freedom from; reprisalfor using grievance procedure. Article 11. Retirement And Social Security, the The City will provide retirement benefits through the Public Employees' Ret ire-- went System. The City does not participate in the Social Security System. Beginning July 4, 1983, the City will pay seven (7%) percent of the employee's contribution into the Public Employees'Retirement System (PERS) in addition to the normal. ' employer's contribution. The seven (7%) percent payment shall be made to PERS in the name of the employee to be credited to the employee's account with PERS. The City shall: annually notify the employee of the annual and total contribution made to PERS on behalf of the employee. The City shall contract with the Public Employees' Retirement System to provide -the: 1959 -Survivors -Benefit- C ti on,. - AUG 19 1986 ITEM 04-F --064.0.-t Article 12. Personnel Rules, t All other employee rights, privileges, and benefits are included in the Personnel Rules of the City of ray Article I3. Job Actions, The Association agrees, not to strike or otherwise engage in withholding services— or concerted action during the term, of this agreement. Also, the City agrees not to lock out the employees. .. Article 14. Nei ntenance ofMembership. Employees in a. classification represented by sDCEA who are members as of the date of this agreement and have signed a, payroll dues deduction authorization` card or subsequently became mad)ers and sign such a card shall: remain, members and ` the City shall continue to deduct said dues during the period covered by this. is Memorandum of Understanding.. EVloyeea may withdrawn their ` membership and scontinue clues deduction. duringthe month of May f y o any year to be effective in June: following the expiration, of the agreement. Article. 15..Posting Of Agra, A copy of this agreement will be initially distributed to all c= employees, given to all new employees hired into the unit: after July 1., 1986, and made available at the Filtration Plant, the Operations Center, Community Services. Facilities, the AccountingOffice, and with each D apartment Head.. ` .The undersigned, representing the City and the Representatives do hereby adopt the. terms and conditions set forth herein, and reccnmend the City Council and f members of the unit approve same.: For the City: For the Representatives:. Jamesit. Bowersox, City Manager Tam Howard r John. D. Fitch Lloyd Harrison t'oyce A. Posey Robert Wolinski. Rita Castro Robert Willcox Pat Vetere, Field Representative San Diego YCount Employees Assoc. . �,- 4 .M r++c..vY�w•..at ......crr.t.+r'.�.3rwi.. •.1 r'+ ! i- - — - « . ". . '^ -... - .._ - Y ,_ K . -.:+- Wyleen I=ml General Manager San Diego County Employees Assoc'. .- AUG 191986 1T E M _21 _