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Res 86-095RESOLUTION NO. 86-095 A ~ION OF THE CITY CGJNCIL OF THE CITY OF i~S~AY, C~T.T~ORNIA, THE NON-S~'~.'~'f f~MPLOY~n~' ASSOCIATION AND 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- ~nce with Government Code Section 3500 in an attuL{ot to reach a memorandum of understanding regarding ~ges, hours and other terms am~t conditions of ~ployment; and WHEREAS, as a result of these meetings, a rec~%m~_m~ed m~morand~m of under- s~m_nding b~ ~-.n jointly prepared; and W~REAS, the City Council of the City of Poway wishes to adopt said msno- raD~lum of undersemnding; and ~RREAS, it is necessary to amend the fiscal y~r 1986-1987 Financial plan to provide for the changes in the M~a~orandum of Understanding with the Nc~-Safety Employees ' Association. NOW, THEREFORE, ~HE CITY CO3NCIL OF THE CITY OF PfY~AY, C~T.r~Di~NIA, DOES HEREBY RESOLVE, DfEIARE, DETEi~4INE AhD ORDER AS FOLLOWS: That the M~norandum of Understanding between the City of Poway and the Non-Safety Employees' Association, which b~m b~n affixed to this reso- lution and marked Attachment "A" is hereby adopted. e That the Financial Plan for fiscal y~r 1986-1987 is hereby amended to provide for changes in the cu~o~nsation of city ~mploy~_s contained in the M~norandum of Understanding with the Non-Safety Employees' Association. PASSED, ADOPTED Ah~ APPROVED, by the~City Council of the city of Poway, California,1986. at an adjourned rec~]~r~R 71g thereof this 19th day of August, Marjorie K.' Wahlsten, City Clerk Effective JUly 1, 1986 -- ATTACHMENT A Ms~r~ of Understanding (NC~-SAFE~) Table of Co~te~ts ARTICLE 2. ARTICLE 3. ARTICLE 4. ARTICLE 5. ARTICLE 6. Page SYMPATHY ACTION ..................... 3 DURATION CF AGRRm~T .................. 3-4 T~AVES 6-9 1. Vacation 6 3 Holidays 7-8 4. Bereave~_nt Leave ................. 8-9 PAYRDLL & WORK Wn~K ................... 9-10 2. CuL~ensatory Time Off (CTO) ............ 9 3. Dues Deduction ................... 10 RFNEFITS ........................ 10 -11 1. Hospital and ~ical ................ 10 2. Eye Care ...................... 10 3. Life Insurance ................... 10 4. Long Term Disability ~ Insurance ....... 10-11 Purpose 1 General Provisions ................. 1-3 A. City ~%oloyer/~ployee Relations Resolution .................. 1 B. City Affirmative ~tion Resolution ...... 1 C. Construction ................. 1 D. City Rights .................. 2 Unit Determination .............. 2 Jurisdicticnal Disputes ............ 2 Awards .................... 2 Time Spent for Meet & Cc~fer and Grievances ...... _....... 2 Representatives Access ~'~r~ Site. . . . . . 2 ~mployee Use of City Facilities ........ 2 Availability of Data ............. 2-3 AR~ICTR 9. ARTICLE 10. ARTICLE 11. ARTIER 12. ARTIC~.R 13. ARTICLE 14. ARTICLE 15. SERVICE & SPECIAL PAY 11-17 1. Tuition & Reimburse~e~nt .............. 11 2. Uniforms & ~quilm~nt ..... 11-12 3. Probation ....... [. ~ [ [.. [ ~ [ [ [ ~ ~ 12-13 4. Safety ....................... 13 5. ~ting Pay ..................... 13 6. Moral & Rest Periods ................ 14 7. Travel Expenses .................. 14 8. Q-Call Time .................... 14-17 9. Benefit Days .................... 17 10. Transfers ..................... 17 11. Layoff and Reemployment .............. 17 12. P~signatioas .................... 17 13. Credit Union .................... 18 14. Shift Differential ................. 18 15. Call-Back Time ................... 18 GRIEVANCE ~ ................... 18-20 I~_REMENT AND SOCIAL SEO31~ITY ............. 20 PERSONN~, l~J~ Rq ..................... 21 J(~ ~CTIONS ....................... 21 MAINT~qANCE OF M~.RSHIP ................ 21 POSTING OF AG~ .................. 21 This is the mamorandum of unders~_nding as provided for in the California Government Code Sections 3500 through 3510, which is also known as the Myers-Millias-Brown ~. This m~uorandum is hereir, aFter referred to as the agreeuent, between the City of Poway, and the representatives chosen by the majority of the m~mbers of the non-safety unit hereinafter referred to as the Representatives. This agreement shall beccme effective when adopted by the City Council of the City of Poway. Article 1. Geueral. Section 1. Purpose. This agreeuent recognizes the 'R_~p~resentatives as the ~mjority representative of all non-manag~iue_nt and non-confidential ~loyees of the City, excluding the Fire Department personnel, and represents the unit for the rotters within the scope of meet and confer, and the Representatives accept the duty of fair repre- sentation in meet anal confer and under this agreement. Section 2. Scope. Meet and confer is limited to v~ges, hours, and other terms and conditions of ~uployment, and sb~]=l not include any items not covered by this agreement or adopted by reference in this agreement or any subject prc~-upted by Federal or State law. Amendments to this agrc~.-uent that are within the scope of u--~ct and confer shall require prior meet and confer between the representatives and the city. Section 3. General Provisions. ae City Eumployer-~lo~ee R~]mtions Resolution. The Representatives herein a_~opt by reference the City Employer-Ruployee Relations Resolution in its present form and as it my be fr~u time to time amended by the City Council. Be City Affirmative ~ction Resolution. The Representatives herein adopt by reference the City Affirmative Action Resolution and the City Equal Employment Opportunity policy and any subsequent changes or amendments thereto. Ce Censtruction. The rights, powers and authority of the City Council in all matters shall not be modified or restricted by this agreeuent. In interpreting the ]~nguage of this agr~------nent, first the plain m~ning of the ]~nguage sb~ll prevail, then the trade or industry usage of the 3~nguage shall be considered, then the intent of the parties shall be considered. -1- City Rights. The rights of the City include, but are not limited to the exclusive right to determine the mission of its constituent depart- ments, c~L~.~ssions, c~L~L~[ttees, and boards; set stana~rds of service; determine the procedures and st~_nd~rds of selection for ~t~loyment and prc~otion; direct its ~ployees; take .disciplinary action; relieve its ~ployccs frcm duty because of lack of ~ork or for other legitimate r~-~ons; r~intain the efficiency of operations; determine the methods, me~_ns 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 energencies; and exercise c~L~lete control and discretion ever its organization and the technology of performing its work. The l~_epresentatives recognize and hereby adopt by refer~ce the following City procedures: 1. Unit Determination. The City reserves the privilege of establishing units for m~t and confer. Jurisdictions] Disputes. In the event of jurisdictional disputes bet- ween c~L~eting ~mployee organizations or unit claims, the ~loyees of all units shall continue working under the agreenent in force at the time. 3. Awards. Service Recognition and Special A~a~rds shall be granted or not granted at the discretion of the City Council. e Time Spent for Meet and Confer and Grievances. The City allows r~mon- able time off without loss of benefits for a r~.~op_~ble number of recognized representatives for the purpose of meet and confer and for grievance representation. ~monableness is determined by the City Manager. Representatives of ~loyee organizations may be allowed reasoD_~ble access to work location only after they have obtained permission of the City Manager. 0 ~mployee organizations may with prior approval of the City Manager, be granted the use of City facilities during non-%Drking hours for meeting of City =~-~loyees provided space is available, and provided further such ~tings are not used for organizational activities or m~mbership drives of City ~t~loyees. ® Availability of Data. The City will make available to ~L~loyee organi- zations such non-confidential information pertaining to e~oloyment 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. -2- Such information sb~l l be made available during regul~ office hours in accora~nce with the City's rules and procedures for making public records available and after payment for r~-~on_~ble costs, where applicable. Information which shall be made avai!_~ble to ~mploycc organizations includes regularly published data covering subjects under discussion. Data collected on a prc~ise to keep its source confidential may be made available in statistical s~lu~ries, but shall not be made available in such form as to disclose the source. Nothing in this procedure sh~l 1 be construed to require disclosure of records that are: ae 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 not retained in the ordiDary course of business or any records where the public interest served by not zeking the record available cl~rly outweighs the public interest served by disclosure of the record; Records pertaining to pending litigations to which the City is a party, or to claims or appeals which have not been settled; Nothing herein shall be construed as requiring the City to do res~ch for an inquirer or to do programming or ass~nble data in a manner other than usually done by the City. Article 2. Severability and Savings. If any portion of this agreement, or the application of such portion to any per- son or circumstance, sb~l 1 be invalidated by judicial or legislative action, the r~{nder of this agrc~--aent, or the application of such portion to persons er circumstances other than those as to which it is invalidated shall not be affected thereby and shall r~ain in full force and effect. During the term of this agre~nent, neither the Representatives nor any person or persons covered by this agr~. t shall engage in any sympathy action or action of any type in support of any other unit or units, person or persons, or ~-~lcyee organizations not having an agreement in effect with the City. Artie/e 4. Duration of A~r-~--~t. This entire agreement shall c~t.~nce at 12:01 A.M. on July 1, 1986, and ter- minate at 11:59 P.M. on June 30, 1987. -3- At the expiration of this agre~nent, in whole or in part and in the absence of a new agre~l~_nt, this unit and the City agree to continue operating under the provisions of this agreenent until such time as a new agr~-------aent is reached, pro- vided, however, that it has been agra that the new agreement will be retroac- tive to the expiration of this agr~--n~_nt. Article 5. EFFECTIVE JUNE 30 ~ 1986 The following position classifications are established as full-time at the salary ranges indicated, for ~mployees in this unit. Classification Range H O U R L Y R A T E S Title No. A B C D E ~count Clerk II Account Clerk I Administrative Clerk II Administrative Clerk I Administrative Secre~ry Building Maint. Worker Ccnst. Maint. Supervisor Ccnst. Maint. Worker III Cc~st. Maint. Worker II Cc~st. Maint. Worker I Custcmer Services Worker De~art. Aide - Operations E~gineering Aide ~quip. Malnt. Supervisor ~quitm~ent Mechanic Laboratory Technician Landscape Maint. Supervisor Meter Mechanic Park Ranger III Park Ranger II Park Ranger I Park Maint. Worker III Park Maint. Worker II Park Maint. Worker I Planning Technician Public Services Inspector Ranger Aide Recreation Coordinator Recreation L-co:4 er Secre~ry Sr. Bldg. Maint. Worker Sr. Pub. Serv. Inspector Sr. Util. Sys. Techn. Storekeef)er II Storekeeper I Treat. Plt. Oper. III Treat. Plt. Oper. II Treat. Plt. Oper. I Utilities Sys. Mechanic Utilities Sys. Technician Water 0ps. Treat. Super. 172 7.387 7.764 8.160 8.577 9.014 162 6.688 7.029 7.387 7.764 8.160 165 6.890 7.242 7.611 7.999 8.408 155 6.238 6.556 6.890 7.242 7.611 185 8.408 8.836 9.287 9.761 10.259 173 7.461 7.842 8.242 8.662 9.104 208 10.570 11.109 11.675 12.271 12.897 193 9.104 9.569 10.057 10.570 11.109 183 8.242 8.662 9.104 9.569 10.057 173 7.461 7.842 8.242 8.662 9.104 186 8.492 8.925 9.380 9.858 10.361 195 9.287 9.761 10.259 10.782 11.332 195 9.287 9.761 10.259 10.782 11.332 219 11.792 12.394 13.026 13.690 14.389 202 9.957 10.465 10.999 11.560 12.150 219 11.792 12.394 13.026 13.690 14.389 200 9.761 10.259 10.782 11.332 11.910 192 9.014 9.474 9.957 10.465 10.999 180 7.999 8.408 8.836 9.287 9.761 170 7.242 7.611 7.999 8.408 8.836 160 6.556 6.890 7.242 7.611 7.999 185 8.408 8.836 9.287 9.761 10.259 175 7.611 7.999 8.408 8.836 9.287 165 6.890 7.242 7.611 7.999 8.408 186 8.492 8.925 9.380 9.858 10.361 215 11.332 11.910 12.518 13.156 13.827 155 6.238 6.556 6.890 7.242 7.611 190 8.836 9.287 9.761 10.259 10.782 180 7.999 8.408 8.836 9.287 9.761 175 7.611 7.999 8.408 8.836 9.287 198 9.569 10.057 10.570 11.109 11.675 225 12.518 13.156 13.827 14.533 15.274 224 12.394 13.026 13.690 14.389 15.123 189 8.749 9.195 9.664 10.157 10.675 169 7.170 7.536 7.920 8.324 8.749 219 11.792 12.394 13.026 13.690 14.389 209 10.675 11.220 11.792 12.394 13.026 199 9.664 10.157 10.675 11.220 11.792 200 9.761 10.259 10.782 11.332 11.910 214 11.220 11.792 12.394 13.026 13.690 234 13.690 14.389 15.123 15.894 16.705 -4- ,:,'~'~CTIVE D~:,~4BER 29t 1986 Cla-~sificatio~ Range H O U R L Y R A T E S Title No. A B C D E 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 b~]ministrative Clerk I 159.5 6.523 6.856 7.206 7.574 7.960 ~ministrative Secre~ry 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 Cc~st. Maint. Supervisor 212.5 11.054 11.618 12.211 12.833 13.488 Const. Maint. Worker III 197.5 9.521 10.007 10.517 11.054 11.618 Cc~st. Maint. Worker II 187.5 8.620 9.059 9.521 10.007 10.517 Const. Maint. Worker I 177.5 7.803 8.201 8.620 9.059 9.521 Custcmer Services Worker 190.5 8.880 9.333 9.810 10.310 10.836 Depart. Aide - Operations 199.5 9.712 10.208 10.728 11.276 11.851 Engineering Aide 199.5 9.712 10.208 , 10.728 11.276 11.851 ~quip. Maint. Supervisor 223.5 12.332 12.961 13.623 14.317 15.048 ~qui~ment Mechanic 206.5 10.413 10.944 11.502 12.089 12.706 Laboratory Technician 223.5 12.332 12.961 13.623 14.317 15.048 Landscape Maint. Supervisor 204.5 10.208 10.728 11.276 11.851 12.456 Meter M~c~_hanic 196.5 9.427 9.907 10.413 10.944 11.502 Park Ranger III 184.5 8.366 8.793 9.241 9.712 10.208 Park Ranger II 174.5 7.574 7.960 8.366 8.793 9.241 Park Ranger I 164.5 6.856 7.206 7.574 7.960 8.366 Park Maint. Worker III 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. Worker 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 Public Services Inspector 219.5 11.851 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. Malnt. Worker 202.5 10.007 10.517 11.054 11.618 12.211 Sr. Pub. Serv. Inspector 229.5 13.091 13.758 14.461 15.199 15.973 Sr. Util. S~s. Technician 228.5 12.961 13.623 14.317 15.048 15.816 Storekeeper II 193.5 9,150 9.617 10.107 .10.623 11.165 Storekeeper I 173.5 7.498 7.881 8.283 8.705 9.150 Treat. Plt. Oper. III 223.5 12.332 12.961 13.623 14.317 15.048 Treat. Plt. 0per. II 213.5 11.165 11.733 12.332 12.961 13.623 Treat. Plt. Oper. I 203.5 10.107 10.623 11.165 11.733 12.332 Utilities Sys. Mechanic 204.5 10.208 10.728 11.276 11.851 12.456 Utilities Sys. Technician 218.5 11.733 12.332 12.961 13.623 14.317 Water Ops. Treat. Super. 238.5 14.317 15.048 15.816 16.622 17.470 In the event that there is a significant incr~e in the cost of living during the life of this agr~----~ent, the City agrees to =t with representatives of the Association to discuss the impact o~ the association menbers. -5- Section 1. Vacation. All ~nployccs 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 cc~puting anu,~l 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. One day vacation shall be accrued for each month of ~.~loyment, for a total of twelve (12) working days per y~r. After five (5) years of continuous eti~loyment, an additional thr~ (3) days per year shall be accrued, for a total of fifteen (15) working days per y~r. After ten (10) y~rs of continuous e~ploym~nt, an aaa{tioD~] three (3) days per y~r shall be accrued, for a total of eightc=n (18) working days per year. After fifteen (15) ymars of continuous ~loyment, an additional two (2) days per year shall be accrued, for a total of twenty (20) working days per y~r. Vacation time can be acctmulated to a max i mum of 150% of one year's eligibility, and accumlation above 150% sb~ll be forfeited. The times at which an employee may take his vacation shall be determined by the department head with due regard for the wishes of the ~toloyee and particular regard for the needs of the City. In the event one or more holidays fall within a vacation leave period, such holidays sb~a!l not be charged as vacation leave, and the vacation leave sha~l be extended accordingly. Employees who terminate employment shall be paid in a l%a.~ snm% for all accrued vacation leave earned prior to the effective date of termination, provided they have served six (6) continuous months with the city and successfully ccmpleted probatiou. Section 2. Sick Leave. Sick leave with pay ~sy be granted to all probatio~ry and regular ~t~loyees within the unit who are regularly enployed in permanent full-time positions. For the purposes of ccml~uting sick leave, a working day sba] l be considered as 1/5 of the number of working or duty hours in the es~m_hlished work week. Ome (1) day sick leave shall be accrued for each month of employment, for a total of twelve (12) working days per y~r. -6- Sick leave shall be granted to an ~ploycc only for actual working time off. Accurm~]ation of sick leave shall be unlimited. In order to receive cu,~nsation while absent on such leave, the ~loyee sba~ll notify his ~ate superior or the department head prior to or within two hours after the time set for the beginning of his duties. Sick leave over three (3) working days at one ~me may require certification by the ~L~loyee's physician in order to receive ccmpensation. This requireaent is at the discretion of the department head. In the event of illness in the in~diate family, an ~nploy~ my use accrued sick leave not to exceed four (4) days in each calepdar y~r. ~iate family shall be designated as mother, father, spouse, sister, brother, and dependent children, f~ployee must notify supervisor in advance when such leave is being taken and so note on time card. After ten (10) y~rs of continuous e~ployment with the City and upon termination or retirement, an ~f~loyee will receive cut~oensation for unused sick leave as follows: ao Upon normal retir~nent e%~loyee will receive 50% of all sick leave hours accrued. Calculations will be at the ~ploycc's rate of pay at the time of retire~e~nt and will not exceed $4,000. Upon leaving the ~t~loy of the City for other than retirement, ~L~loyee will receive 50% of all sick leave hours accrued. Calculations will be at the u~loyee's rate of pay at the time of termination and will not exceed $2,000. Upon the death of an ~loyee, prior to five (5) y~rs of continuous employment, c~%~pensation for unused sick leave sb~ll be at the same rate as the termination benefit. Payment shall be rode to the ~nploycc's designated beneficiary. Section 3. Holidays. The holidays for ~f~loyees in this unit are as follows: New y~r's Day Washington ' s Birthday M~orial Day Independence Day Labor Day Veteran ' s Day Thanksgiving Day Day after Thanksgiving Christ~_ ~ Day January 1 3rd Mo~ _day-Febln~mry Last Monday-May July 4 1st Mo~ay-Sept~mber Nov~nber 11 4th Thursday-Novenber Fourth Friday-November December 25 -7- The day after Christm~.~, Friday, Decenber 26, 1986, is designated a one-time only holiday. Cu~,~unity Services ~-~-~loyees, who are required to work om the following 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 (1½) times their hourly rate of pay for working on the other City designated holidays: New y~ar's Day Menorial Day Independence Day Labor Day January 1 Last Monday-May July 4 1st Monday-Sept~nber Holidays falling on Sunday shall be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday and shall be con- sidered as the legal holiday. For the purpose of c~uting holiday pay, a working day shall be considered as 1/5 of the number of working or duty hours in the estm_blished work week. In addition to regular pay for hours worked, ~-~loyees in this unit shall be paid holiday pay, whether on or off duty on the holidays above. Payment of two (2) times the ~-~loyee's re~31ar hourly rate of pay sha]l be paid for all unscheduled hours worked on a holiday. Section 4. Bereavement Leave. In the event of a death in the family, a re~,lmr ~nployee shall be eligible for 1-5 days off with pay to attend the funeral, subject to the following provisions: The rmlmtives designated shall include father, mother, father-in-law, mother-in-law, wife, husband, brother, sister, daughter, son, grand- parents, grandson, gram8mughter, brothers and sisters having (me parent in c~.~)n, and those relationships generally called "step" providing persons in such relationships have lived or have ~ raised in the family hc~e and have continued an active family relationship. An enployee my be eligible to use breav~nent leave to attend the funeral of a person who b~-~ b~n living with the ~loyee in the same capacity of a spouse, provided, however, the e~ploycc ban previously notified the personnel office, in writing, of the individ,~m]s name. B. To be eligible for bereavenent leave, the ~%~loyee must attend or make bona fide effort to attend the funeral. C. Pay for compensable bereav~nent leave shall be in the same amount as pay for sick leave for the same period. -8- De Bereavenent leave is not cc~oensable when the ~L~loyee is on leave of absence, vacation, bona fide lay-off, or for days falling outside the e~ploycc's regular work period. E. It is not charg~hle against sick leave. F® All requests for paid bereavement leave shall be subject to approval of the Personnel Officer. Article 7. Payroll and Work ?;~__~k Section 1. C~eral. Re~ulmr 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, incl~ng pay for ~ed vacation, without the prior written approval, on a case-by-case basis, by the City Manager. Requests for a~vance vacation pay must be rode prior to the end of the pay period for which pay is to be received. The regular number of working or duty hours in a work week frcm Monday through Sunday is established at 40 hours for all full-time ~ployees in the unit. For ~L~loyees r~3ul~rly working less than 40 hours in one week, or designated as part-time or te~Lk~orary (~ployees, the regular number of working or duty hours in a work week shall be that number of hours for which they are scheduled to work. ~ployees designated part-time and who work at l~t 1,040 hours per y~r shall 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-t/me e~ploy~, unscheduled hours worked on Sundays and holidays shall be paid for at double the ~loyee's rate of pay. All e~ployees in this unit shall be paid one and one-~lf (1½) times their hourly rate of pay for all hours worked in excess of eight (8) hours in one day or forty (40) hours in one work ~k. E~ployees whose re~,lmrly scheduled work hours are in excess of eight (8) hours in one work day are only entitled to receive overtime pay for the hours worked beyond their regularly scheduled work day or forty (40) hours in one work week. Filtration plant :~loyees assigned to work the forty-eight (48) hour weekend shift sb~ll be paid overtim~ at 1½ tim~ their rate of pay for all hours worked in excess of forty (40) hours. For the purpose of ccmputing overtime, hours of vacation, sick leave and holiday, sb~l 1 be considered as hours worked. Section 2. Cu~_nsatory Time-Off (CTO). Cu~ensatory time off, in lieu of overtime, sh~ll be taken as one and (1½) hours off for each overtime hour worked. The maximum accu~,]~tion of ccmpensatory time-off sh~]l be 80 hours; however, the accu~,]ation of hours shall be reduced to 40 hours at the end of the fiscal y~, and the ~loyee shall be compensated for the excess accu~,~tion in a cash payment. Accu~,]~tion of c~nsatory time-off in excess of 40 hours sb~]l be at the discretion of the department head. -9- Section 3. Dues Deduction. Upon written request to the Personnel Division, e~ploy~ my elect to pay dues to the San Diego County Employees' Association through payroll deduction. Check will be ~de payable to the San Diego County Employees' Association only. Article 8. B~efits. Section 1. Hospi~m] and Medical. The first day of the month following date of hire, an ~¥1oyee, upon proper application and accep~mnce, shall be covered by health and dental benefits with coverage as set forth frcm time to time in the agre~ent between the City and the carrier (s). Health benefit premiums for each e~ploy~ shall be paid in full by the City. Dependents of each ~ploy~ my also be covered by boalth benefit coverage, upon proper application and acceptance. The cost of dependent coverage of the medi- cal, and dental plan will be sh~red between the city and the ~L~loyee. 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 premium cost to a maxim~ of $93.56 each month, and one-half of the dependent Dental coverage during the life of this agreement. The ~t~loyee's sba_re of the cost will be rode through payroll deduction. A representative of the Association frcm City }~a31, CuL~m~nity Services Depart- ment and Public Services Department, Operations Section, shall participate in a joint insurance c~L,..{ttee for the purpose of rec~L.~nding an altermmtive to the existing ind~ity insurance program. The goal for implementing a new program is no later than Jan-m~y 1, 1987. Section 2. E~e Care. The City will provide an eye care plan. The City shall pay 100% of the premium for the e~ploycc and his/her dependent coverage. Section 3. Life Insurance. The first day of the month following date of hire, an ~¥1oyee, upon proper application a~x~ accepta_nce by the insurance carrier, shall be covered under a group life insurance plan for the amount of one times annual inccme ($10,000 minimum). Section 4. Long-Term Disability Income Insurance. This ~¥1oyee benefit provides for the payment of a monthly inccme benefit payment for those covered ~¥1oyees totally disabled by injury or sickness. The monthly benefit provided under this coverage will be 60% of the ~m~ployee's monthly ~nings to a maxim~ of $1,000 per month. The insurance carrier is responsible for calculating the exact benefit amount, based on each individ-~l's inccme status. The insurance carrier for this coverage requires a thirty (30) day waiting period frcm the first day of the disability to the beginning of the monthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance handbook, until the recovery frc~ the injury or sickness or until the ~ployee reaches age 65. The City pays 100% of the preni~n. An ~t~loyee may use sick leave and vacation to suppl~nent coverage under this benefit up to, but not in excess of 100% of his regular rate of pay. Article 9. Service and Special Pay. Section 1. Tuition Reimbursement. The actual cost paid for tuition, books and required technical supplies and equipment, to a maximin of $150 per fiscal y~r per e~ployee, will be refunded to all permanent City e~ployees for professioD~] and technical courses in accredited educational institutions provided that: 1. The e~ploy~ ha~ received at l~.~t a satisfactory proficiency rating on his/her last performance report. 2. The subject matter of the course relates directly to and contributes toward the performance of the ut~loyee's position with the City. e The enployee must suhnit a B~quest 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. o Before receiving reimbursenent the ~loyee shall furnish documentation proof of pay and shall provide evidence that he/she has ccmpleted the course with a grade of "C" or better in undergraduate work or a grade of "B" in graduate work. A grade of "C" or better will be accepted for graduate work frcm institutions where an average grade of "C" is acceptable for graduation. A "pass" will be accepted for undergraduate classes where a pass/fail grading system is used. So Textbooks and equi~x~ent paid for by the City shall beccme the property of the City. Reimbursement for texts and equipment will be approved only if the text or equipment were not available frcm the City. Section 2. Uniforms and ~ui~nent. The City will provide and maintain all uniforms that are required by the City for Administrative Services field ~-~loyees, Cumin%unity Services lake/park and park maintenance ~.~loyees, and Public Services ~mployccs as follows: Safety shoes shall be worn by employees as required by the City. The ~,~loyee shall be provided an allowance of $120 per fiscal y~r for the purchase of safety shoes. In order to receive re~mburs~nent, the ~nployee ml~t submit receipts of proof of purchase to their department. Reimbursenent will be made through Accounts Payable. All other safety clothing required in the performance of duties shall be furnished by the City. Be The City will provide and maintain eleven (11) sets of uniforms for those ~ployees required to wear uniforms. Employees electing to wear City-approved sm~,~r attire may receive fewer than eleven sets of stan- dsrd uniforms and shall be responsible for the maintenance of the sumner attire. C. S~sndards of maintenance of uniforms and equifxnent shall be determined by the City, and u.91oyees must maintain these s~sndsrds. For the work at required Cu.,..0nity Services Depar~nent u'~loyees designated part-time and who least 1,040 hours per yea_r, the City will provide uniforms that are by the City in accor_d_~nce with the following: Safety shoes shall be worn by ~ployees as required by the City. The ~mployee shall be provided an allowance of $60 per fiscal y~r for the purcb_mse of safety shoes. In order to receive reimbursenent, the ~nployee must s,,h~it receipts of proof of purchase to their depar~-~_nt. Reimburse~e~nt will be made through Accounts Payable. All other safety clothing required in the performance of duties sha]l be furnished by the City. Be The City will provide and maintain seven (7) sets of uniforms for those ~nploy~ required to w~r uniforms. Employees electing to w~r City- approved s~a,,~r attire my receive fewer than seven (7) sets of s~n- dmrd uniforms and shall be responsible for the mintenance of the summer attire. Ce Standmrds of maintenance of uniforms and equil~nent shall be determined by the City, and e~ployees must mintain these standards. Section 3. Probation. AIl appointments, including prcmotional appointments, shall be for a proba- tiommry period of not less than six (6) months. During the probationary period, the ~ployee may be rejected at any time without the right of appeal or h~ring. Any e~ployee rejected during the probationmry period frc~ a position to which he has been prcmoted shall be reinstated to a position in the class frcm which he w~s prcmoted unless he is discharged frcm the City. A supervisor may, with concurrence of the department head, re~,ire an extension of an initial probatiormry period, upon a less than satisfactory performance evaluation. -12 - O~ recu.,,~n~_ation of his supervisor a non-probationary ~mployee may be Dlaced on special probation, however, he shall have the right of direct app6al of the special probation to the City Manager. The City Manager must be notified of the ~loyee's desire to appeal the special probation within ten (10) calendar days of the ~loyee's having been placed on special probation. Section 4. Saf etl~. The unit adopts the following by reference: The City barn a Central Safety CuL,~'(tt~ with representatives frc~n all units; The City and all ~ployccs shall c~'~ly with any applicable Federal and State law; The City and all ~ployees shall cG,~ly with any policy and/or proce- dure which may fr(E time to time be promulgated by the City Council. Section 5. T6~porary Assignment To A Higher Level Vacancy. A. F~]]~ Responsibility: An ~loyee specifically assigned on a t~orary basis to a higher level position in which there is no appointed incumbent or in which the inoJmbent is on paid or unpaid leave shall be c~'.~ensated at the "A" step rate of pay for the higher level position if the service in such position exceeds fifteen (15) consecutive w~rking days, which payment shall be retroactive to the first day of such services; provided; however, that the full range of duties of the higher level position ~n specifically assigned in writing on a form provided by the City by the depa~.~nt head or his/her design~. Under no circumstance shall the rate of c~_~nsation be less than five percent (5%) above the (Eployccs current rate of pay. B. Partial Responsibility: An :'~loyee specifically assigned to perform a portion of the duties of the higher level position for fifteen (15) or more consecutive working days shall have the increased pay level determined by the City Manager in relation to the degree of the additionsl responsibility the e~ploycc 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. At the conclusion of such an assignment, the ~ployee s ~b~_]l be restored to his/ her former classification regardless of the ~e involved. The ~,~loyee may sl~o be considered for prcmotion to the higher position on a pelamanent status if it were dee~e~_ by the City to be vacant. This prevision shall not be applicable to bona fide education, training and develoEm~nt, job enlargenent or enrichment. The ~ploy~ will be notified in advance as to the nature of this assignment. -13- Section 6. Meal And Rest Periods. MM] periods and rest periods will be permitted at scheduled intervals, and insofar as practicable and consistent with operational interests. An ~L~loyee shall be notified whether his m.~ml period is considered an on-duty meal period or an off-duty meal period, and ~-~loyees having on-duty mere_ ] periods shall be c~¥~nsated for the me~__l period as hours worked. In the event an e%koloyee 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 $8.00. An emergency is an unpredictable, unavoidable occurrence, at unscheduled inter- v-als and requiring ~.L.L~diate attention. Section 7. Travel Expenses. A. Prior approval of the depar~nent head and final approval of the City Manager sh~l I be required prior to reimbursement for travel expenses. B. Employees using their own vehicle on approved City business travel will be reimbursed at the rate of thirty cents ($.30) per mile. C. E~ployees on approved official business away fr~n the City will be reimbursed for actual and necessary expenses incurred. D. In order to be reimbursed, erployees must include original receipts for all expenses with the rm~mbursenent claim fora. E. Advances of travel expenses may be allowed at the sole discretion of the City Manager. Section 8. On Call Time. A. Field Forces. The City shall mintain a list of eligible Public Services and Adminis- trative Services field personnel who have agreed to stand by for call- back as required. Each ~k~loyee shall be paid on the l~t full pay period of the n~nth a share of $660 per month which sb~!l be divided ec~l ly ~m~ong those on the list. 1. The call out list shall consist 'of qualified ~.k~loyees. 2. List m~nbers shall meet the following c~,m]ifications: (a) must reside within the limits of city of Poway and the ccm- munities of Rancho Pe~asquitos or Rancho Be_rmardo, as deter- mined by the Public Services Operations Manager; (b) rm~t be rated as a Construction Maintenance Worker II, ec~ml to or above, as determined by the Public Services Operations Manager. -14- (e) Sunday and holiday call out tim~ to be paid at double the hourly rate of pay. Holidays will be rotated equally among those persons on the list inasmuch as possible. It is agr~ 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. Operationa] Coaditions: 1. The duty person will we~r a City pager when away frcm his/her listed contact phone number. 2. Calls to the duty perso~ will be placed by the Filtration Plant Operator. (a) Plant Operator will screen calls to determine nc~ to contact duty person. (b) 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 additior~! ~L~loyees when needed. (d) Should duty person need assistance, Plant Operator will first att~t to call list meabers progressively. (e) Upon call c~letion, the duty person will advise the Filtration Plant Operator of the action taken so that it can be properly logged. During a serious emergency, such as a water main break, the duty person will stand by to assist cre~ in making repairs, but will re~ain flexible in case of other call cuts during this time. E~ployees who are assigned standby duty may request the use of a City truck. The City truck shall be available to the employee during staD~lby for use as is necessary to ensure that the e~ployee is readily available for call out. However, the ~ploycc should use discretion and c~,,on 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. Except as required for City business, the vehicle should not be taken outside the c~Lu~nities of Poway, Rancho Pe~asquitos or -16 - .__ 3. Duty roster to be scheduled as follows with the participation of 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 frcm the bottcm positioning on up to the top Position 1; (d) the member in Position 1 will be the duty person on call; (e) list m~nbers may substitute positions te'Lkoorarily among th~a- selves to allow for special circumstances as stated in Iten 4. If a call out list menber is scheduled for duty and due to special circumstances cannot respond, substitution by another duty list member is allowed, providing: (a) scheduled duty person arranges substitution; (b) scheduled duty person notifies filtration plant. Duty person will be on call frcm 1530 hours of a work day to 0700 hours the following work day during the work week. During weekends frc~ 1530 hours Friday, to 0700 hours the following Monday, and the 24 hours of a City observed holiday. 6. There will be paid a two hour minimum for each call out. (a) Time s~arts for the call out when the duty person receives the call fr~n the Filtration Plant. (b) Time stops and call out is c~-~lete when the duty person notifies the Filtration Plant that the call is cc~leted. (¢) An ~m~oloycc who is contacted while serving a call out (as defined above) and is called to another site for additional duties, shall not be c~ensated for a second or subsequent call out for this assist. However, if the ~%~loyee left the work site, or sites, and is actnally returning, or ba.~ returned, to his/her origiDa! point of contact, and is then called out again, the ~ployee sb~ll be compensated for an ~d~tional call out. (d) Weekday and Saturday call out time to be paid at one and one- ball (1½) the hourly rate of pay. -15 - B. Filtration Plant. When an ~%k~loyee in the Public Services Department filtration plant forces is required to be available for duty and is required to perform duty at night, on weekends, or holiday duty, he/she shall receive an equitable shave of a lump sum of $200 per month. This lump sum allowance shall be distributed as determined by the ~loyees s~ding duty o Section 9. Benefit Days. In ~tion to provisions for vacation, sick leave, and holidays set forth else- where herein, each ~t~loyee who ban cu~leted an initial probationary period shall have ava/l~hle t~o (2) benefit days off each fiscal y~. The times at which an ~ployee may take a benefit day off shall be determined by the depart- ment head with due regard for the wishes of the u%~loyee and particular regard for the ne~t~ ~ of the City. l%~uneration 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 y~r the benefit day(s) shall be forfeited. Section 10. Transfers. An e~ploy~ transferring frcm this unit to another unit shall maintain all pay and benefits accrued in this unit, and upon the effective date of transfer ther~ter be governed by the provisions of any policy and/or agr~--~u~nt in effect for such other unit. Section 11. Layoff and Remployment. The City ~my abolish any position or ~mployment and the ~loyee my be laid-off without ~king disciplinary action and without the right of aupeal. Persons to be laid-off shall be given at l~.~t ten (10) cale~tmr days prior notice, and they shall be mintained on a r~f~loyment list for a period of twelve ( 12 ) months. The order of re~loyment after lay-off shall be based on prior performance and seniority as determined by the City. Section 12. Resignations. An e~ployee wishing to resign in good star~{ng shall file with the department head a written resignation stating the effective date and r~mons for resigna- tion at l~.~t two ~;~ks prior to the effective date of resignation. The city will pay an e~loyee for all hours worked within 72 hours after termin- ation, and will ther~ter pay all accumulated rm~bursable benefits as ~rly as f~mible. An ~t~loyee 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 of the City, and the ~loyee will not reestablish rights and/or benefits lost at the time of resignation. -17 - An ~ployee with five (5) y~rs service who resigns in good standing and is reemployed within a tw~ (2) year period to the same or e~al position previously held, shall be eligible to ~rn and use vacation, sick leave, and other benefits to which they are otherwise entitled as if there had b~n no break in service. Section 13. Credit Union. ~ployees my ~ect to make credit ~ion oontri~tiens throngh pa~l dedu~ion. Section 14. Shift Differential. Filtration Plmnt ~ployees required to work the afternoon and evening shift (3:00 P.M. to 11:00 P.M.) and the night shift (11:00 P.M. 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 ~ployees assigned to work the forty- eight (48) hour ;~.~^.~ckend shift shall receive a 70¢ per hour shift differential while working frcm 3 P.M. to 11 P.M. on Saturday and Sumd_ay a~t while working frcm 11 P.M. to 7 A.M. on Saturday night and Sunday night. Cu~m~nity Services Department ~loyees in the Park Mm{ntenance Worker, Park Ranger and, Ranger Aide (Administrative Clerk I) classifications, who are assigned a work schedule which requires th~m to work at least fifty percent (50%) of their shift after the hour of 5:00 P.M., shall 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 e~ployee's meal period is scheduled. However, if the rm=m~ period is scheduled after 5:00 P.M., the e~ploy~ will be paid shift differential only for the hours actually ~rked. Public Services Department ~loyees 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 _m~dd~tion to their regular hourly rate of pay for the hours worked after 5:00 P.M. Section 15. Call-B~_ck Time. E~ployccs called back to work after expiration of their normal work day or work week to perfom ~nergency work shall be guarant~ minimum call-back time of two (2) b~)urs at the appropriate overtime rate. Article 10. Grievance. Section 1. Purpose. A. To prc~ote improved e~ployer-~nployee relationships by es~mhlishing procedures for appealing management actions. Be To afford e~ployees individ,~]ly or through the Representatives a systenatic ~mns of obtaining further consideration of problems after ~ery r~.~o~hle effort has failed to resolve then through discussion. C. To provide that grievances shall be settled as n~r as practicable to the point of origin. -18 - __~ Sectioa 2. Scope. A grievance shall be considered as any matter for which appel is not elsewhere provided for or prohibited, concerning: ae Be a dispute about the interpretation or application of this agrc-----aent or of any ordinance, resolution, rule or regulation governing personnel procedures or working conditions; a dispute about the practical consequences of a City decision on wages, hours and other terms and conditions of e~ployment; a decision affecting the ~ployment of any permanent or probatioD~y e~ployee over which the department head has partial or cc~plete jurisdiction. Section 3. Informal Grievance Procedure - An ~ployee who hm.~ a problem or c~,~laint should first try to get it settled through discussion with his ~ate supervisor without undue delay. If this discussion does not satisfactorily resolve the problem, the employee my discuss it with the supervisor's ~.¥,%%ediate superior. Every effort should be made to find an acceptable solution by informal me~_~ns at the lowest appropriate level of supervision. If the ~,~loyee is not in agreement with the decisioa reached by discussion, he shall then have the right to file a formal grievance in writing within five (5) caler~mr days after receiving the informal decision of his immediate superior. B. Formal Grievance Procedure First Level of Review: A grievance shall be presented in writing to the ~,~loyee's ~.,,,~diate supervisor, who shall render a deci- sion and c~.,~nts in writing and return then to the ~loyee within five (5) days after receiving the grievance. If the ~loyee does not agree with his supervisor's decisioa, or if no answer has ~n received within five (5) days, the ~uploycc my present the appel in writing to his department head. Second Level of Review: The department head receiving the grievance, or his designated representative, should discuss the grievance with the ~L~loyee, his representative, if any, and with other appropriate persons. The department head sbml ] render his decision and ccmm%ents in writing, and return them to the euployee within five (5) days after receiving the appel. If the e~ployee does not agree with the decision reached, or if no answer has ~n received within five (5) days, he may present the appeal in writing to the City Manager. Third Level of Review: The City Manager receiving the grievance, or his designated representative, should discuss the grievance with the ~,~loyee, his representative, if any, and with other appropriate persons. The City Manager may designate any person or -19 - o Sectio~ 4. ae Ce Ee persons to advise him concerning the appcal. The City Manager shall render his decision and c~L,t~nts in writing, and return th~n to the ~',ioloyee within fifteen (15) working days after receiving the appel. If the ~loyee does not agree with the decision reached, or if no answer bas ~cn received within fifteen (15) working days, he may present the ap~-~l in writing th the City Council. Final Level of Review: The City Council upon receiving the grievance shall ~ke such actions and such methods as it chooses and render a written final and binding decision. Conduct of Grievance Procedure. Day as used in this procedure mem~ ns calendnr day, unless specified to the contrary. The time limits specified in this procedure may be extended at any level of review to a definite date by matual agre~nent of the employ~ and the reviewer concerned. The e~ployee my request the assistance of another person of his own choosing in preparing and presenting his appe~_~l at any level of review. The ~t~loyee and his representative may be privileged to use a reason- able amount of work time as determined by the City Manager in confer- ring about and presenting the appeal. Failure of the ~loyee to take further action within the specified time limits at each level of review, or within five (5) days if no decision is rendered, shall constitute withdrawal of the grievance. ~ployees sba31 be assured fr~cm frcm reprisal for using the grievance procedure. Article 11. ~etir~nt And Social Security. The City will provide retirenent benefits through the Public E~ployccs' Retire- ment System. The City does not participate in the Social Security System. Beginning July 4, 1983, the City will pay seven (7%) percent of the ~koloyee's contribution into the Public ~ployees' Retirenent System (PERS) in _~tion to the normal ~loyer's contribution. The seven (7%) percent payment shall be made to PERS in the name of the ~loyee to be cr~dlted to the ~loyee's account with PERS. The City sba~l annually notify the ~nployee of the annual and total contribution rode to PERS om behalf of the ~nployee. The City sba] l contract with the Public R~ploy~' Retire~_nt System to provide the 1959 Survivors Benefit Option. -20- Article 12. Personnel All other e~loyee rights, privileges, and benefits are included in the Personnel Rules of the City of Poway. Article 13. Job Actioas. 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 e~ployees. Article 14. lv~{ntermnce of lV'~m~bership. ~ployees in a classification represented by SDCEA who are menbers as of the date of this agreement and have signed a payroll dues deduction authorization card or subsequently bec~x~ menbers and sign such a card, sb~]l r~main me~bers and the City sba!l continue to deduct said dues during the period covered by this M~orandum of Understanding. Employees my withdraw their membership and discontinue dues deduction during the month of May of any y~ to be effective in June following the expiration of the agreement. Article 15. Posting Of A~ree~t. A copy of this agr~, t will be initially distributed to all ~'~loyees, given to all new e~ployees hired into the unit after July 1, 1986, and made avail_~ble at the Filtration Plant, the Operations Center, Cu,,,~onity Services Facilities, the ~counting Office, and with each Department Head. The undersigned, representing the City and the Rmpresentatives do hereby adopt the terms and conditions set forth herein, and recu~,~nd the City Council and m~mbers of the unit approve same. For the City: For the Representatives: ~ ~x(~ Howard Robert Wolinski Pat V.etere,._Field R~)r~e~.tative San Dieg3>~unty ~lo~ccs Assoc. ~ Lg~ ;/~aneral Manager ~an Diego CoUnty E~ploy~.s Assoc.