Loading...
Res 90-177RESOLUTION NO. 90-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POWAY AND THE CALIFORNIA TEAMSTERS LOCAL 911 REPRESENTING THE NON-SAFETY EMPLOYEES AND AMENDING THE FINANCIAL PLAN FOR FISCAL YEAR 1990-1991 WHEREAS, representatives of the California Teamsters Local 911 have met and conferred in good faith with representatives of the City of Poway in accordance with Government Code Section 3500 in an attempt to reach a memorandum of under- standing regarding wages, hours and other terms and conditions of employment; and WHEREAS, as a result of these meetings, a recon~mended memorandum of under- standing has been jointly prepared; and WHEREAS, the City Council of the City of Poway wishes to adopt said memo- randum of understanding; and WHEREAS, it is necessary to amend the fiscal year 1990-1991 Financial Plan to provide for the changes in the Memorandum of Understanding with the California Teamsters Local 911. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: That the Memorandum of Understanding between the City of Poway and the California Teamsters, Local 911, which has been affixed to this reso- lution and marked Attachment "B" is hereby adopted. That the Financial Plan for fiscal year 1990-1991 is hereby amended to provide for changes in the compensation of city employees contained in the Memorandum of Understanding with the California Teamsters, Local 911. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this 28th day of August, 1990. Don Higginson,U~tyor ATTEST: jorie{~Wahlsten, City Clerk R/MOU Resolution No. 90-177 Page 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 90- 177 was duly adopted by the City Council at a meeting of said City Council held on the 28th day of August, 1990, and that it was so adopted by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE MarjoriA Ky Wahlsten, City Clerk City of~p~ay (mN-SAFETY) T~bl~ of Contents Resolution No. 90-177 Page 4 PART ~, FULL-TINE ENPLOYEE$ Article 1. General Page Article 2. Severability and Savings ................ 3 Article 3. Sympathy Action ..................... 3 Article 4. Duration of Agreement ................. Article 5. Wages ......................... 3-8 Article 6. Leaves ......................... 8-11 1. Vacation ..................... 8-9 2. Sick Leave .................... 9-10 3. Holidays ...................... 10 4. Bereavement Leave ................. 11 Article 7. Payroll & Work Week ................... 11-12 1. General ..... 2. Compensatory Time (~f~ iC~Oi : : : : : : : : : : : : 11-1212 3. Dues Deduction ................... 12 4. Flexible Work Hours ................ 12 Article 8. Benefits ........................ 12-13 1. Hospital and Medical ................ 12-13 2. Eye Care ...................... 13 3. Life Insurance ................... 13 4. Long Term Disability Income Insurance ....... 13 5. Flexible Benefits Program ............. 13 Purpose ...................... Scope ....................... 1 General Provisions ................. 1-3 A. City Employer/Employee Relations Resolution .................. 1 B. City Affirmative Action Resolution ...... 1 C, Construction ................. 1 D. City Rights .................. 2 E. Employee Rights ................ 2 Unit Determination .............. 2 Jurisdictional Disputes ............ 2 Awards .................... 2 Time Spent for Meet & Confer and Grievances .................. 2 Representatives Access to Work Site ...... 2 Employee Use of City Facilities ........ 2 Availability of Data ............. 2-3 Article g. Article 10. Article 11. Article 12. Article 13. Article 14. Resolution No. 90-177 Page 5 Service & Special Pay .................. 14-21 1. Tuition & Reimbursement .............. 14 2. Uniforms & Equipment ................ 14-15 3. Probation ..................... 15 4. Safety ....................... 15-16 5. Acting Pay ..................... 16 6. Meal & Rest Periods ................ 16-17 7. Travel Expenses .................. 17 8. On-Call Time .................... 17-19 9. Benefit Days .................... 19 10. Transfers ..................... 20 11. Layoff and Reemployment .............. 20 12. Resignations .................... 20 13. Credit Union .................... 20 14. Shift Differential ................. 20-21 15. Call-Back Time ................... 21 Grievance Procedure ................... 21-23 1. Purpose ...................... 21 2. Scope ....................... 22 3. Procedure ..................... 22-23 Retirement and Social Security ............. 23 Personnel Rules ..................... 24 Job Actions ....................... 24 Maintenance of Membership ................ 24 PA~T Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. PAP, T-TINE ENPLGYEE$ General 1. Purpose ...................... 25 Severability and Savings ................ 25 Sympathy Action ..................... 25 Duration of Agreement .................. 25 Wages .......................... 25 Leaves .... 26-28 1.Vacation. ::::::::::::::::::::: 26 2. Sick Leave ..................... 26-27 3. Ho1 idays ...................... 27-28 Payroll and Work Week .................. 28 1. General ...................... 28 2. Compensatory Time Off ............... 28 3. Dues Deduction ................... 28 Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. REsolution ~\o. 90-177 Page 6 Benefits ...................... 29 1. Hospital'and'Medical.......... ...... 29 2. Eye Care ...................... 29 3. Life Insurance ................... 29 4. Flexible Benefits Program ............. 29 Service and Special Pay ................. 30-33 1. Tuition Reimbursement ............... 30 2. Uniforms and Equipment ............... 30-31 3. Probation ..................... 31 4. Safety ....................... 31 5. Acting Pay ..................... 31-32 6. Transfers ..................... 32 7. Layoff and Reemployment .............. 32 8. Resignations .................... 32-33 g. Credit Union .................... 33 Grievance ........................ 33-35 1. Purpose. . . . . . . . . . . . . . . . . . . . . 33 2. Scope.' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' . 33 3-4 Procedure ..................... 33-35 Personnel Rules ..................... 35 Job Actions ....................... 35 Maintenance of Membership ................ 35 Posting of Agreement .................. 36 Resolution No. 90-177 Page 7 NEW)RANDUN OF UNDERSTANI)ZI~ This is the memorandum of understanding as provided for in the California Government Code Sections 3500 through 3510, which is also known as the Myers-Millias-Brown Act. This memorandum is hereinafter referred to as the Agreement between the City of Poway and the representatives chosen by 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. PART ~, FULL-TIME ENPLOYEE$ Article 1, ~eneral, Section 1. Purpose. Part I of this Agreement recognizes the Representatives as the majority repre- sentative of all full-time regular non-management and non-confidential employees of the City, excluding the Fire Department personnel, and represents the unit for the matters within the scope of meet and confer, and the Representatives accept the duty of fair representation in meet and confer and under this Agreement. Section 2. Scope. 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 adopted by reference in this agreement or any subject preempted by Federal or State law. Amendments to this agreement that are within the scope of meet and confer shall require prior meet and confer between the representatives and the City. Section 3. General Provisions. City Employer-Employee 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. Be 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 amendments thereto. 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, first the plain meaning of the language shall prevail, then the trade or industry usage of the language shall be considered, then the intent of the parties shall be considered. -1- Resolution No. 90-177 Page 8 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, commissions, committees, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, 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 emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Employee Rights. The City will make every effort to ensure that the rights of employees are protected. The Representatives recognize and hereby adopt by reference the following City procedures: Unit Determination. The City reserves the privilege of establishing units for meet and confer. Jurisdictional Disputes. In the event of jurisdictional disputes bet- ween competing employee organizations or unit claims, the employees of all units shall continue working under the agreement in force at the time. Awards. Service Recognition and Special Awards shall be granted or not granted at the discretion of the City Council. Time Spent for Meet and Confer and Grievances. The City allows reason- able time off without loss of benefits for a reasonable number of recognized representatives for the purpose of meet and confer and for grievance representation. Reasonableness is determined by the City Manager. Representatives of employee organizations may be allowed reasonable access to work location only after they have obtained permission of the City Manager. Employee organizations may, with prior approval of the City Manager, be granted the use of City facilities during non-working hours for meeting of City employees provided space is available, and provided further such meetings are not used for organizational activities or membership drives of City employees. Availability of Data. The City will make available to employee organi- zations such non-confidential 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. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment for reasonable costs, where applicable. -2- F~esolution No. 90-17/ Page 9 Information which shall be made available to employee organizations Includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothlng in this procedure shall be construed to require disclosure of records that are: am Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to City Policy; be Working papers or memoranda which are not retained In the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; c. 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 research for an inquirer or to do programming or assemble data in a manner other than usually done by the City. Artlcle ~, Sever~b111~ ~nd If any portion of this agreement, or the application 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 invalidated shall not be affected thereby and shall remain in full force and effect. Artl¢le 3, $~qm~thy Actlon, During the term of this agreement, neither the Representatives nor any person or persons covered by this agreement shall engage in any sympathy action or action of any type in support of any other unit or units, person or persons, or employee organizations not having an agreement in effect with the City. Artlclm 4, Duration of Agreenmnt, This entire agreement shall commence at 12:00 A.M. on July 1, 1990, and termin- ate at 11:59 P.M. on June 30, 1993. At the expiration of this agreement, in whole or in part and 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- vided, however, that it has been agreed that the new agreement will be retroac- tive to the expiration of this agreement. Article 5, Wages, Employees withln the unit will receive salary adjustments in accordance with the following: -3- Resolution No. 90-177 Page ]0 Effective June 25, lggo - 6.0% salary increase Effective June 24, 1991 - 3.0% salary increase Effective January 6, 1992 - 2.0% salary increase Effective July 6, 1992 - 5.0% salary increase Selected classifications within the unit will receive salary adjustments in addi- tion to those specified above in accordance with the following: Account Clerk I/II Effective June 25, 1990 - 2.0% salary increase Administrative Secretary Effective June 25, 1990 4.5% salary increase Department Aide Effective June 25, 1990 4.5% salary increase Secretary Effective June 25, 1990 - 4.5% salary increase Utility Systems Operator/Mechanic Effective June 25, 1990 - 5.0% salary increase The following position classifications are established at the salary ranges indi- cated, for employees in this unit. EFFECTIVE OUHE 25, 1990 Classification Range H 0 U R L Y R A T E S Title No. A B C D E Account Clerk II 202.6 10.065 10.580 11.121 11.690 Account Clerk I 197.6 9.575 10.064 10.579 11.120 Administrative Clerk II 193.6 9.199 9.670 10.164 10.684 Administrative Clerk I 188.6 8.751 9.198 9.669 10.163 Administrative Secretary 218.1 11.752 12.353 12.985 13.649 Box Office Attendant 188.6 8.751 9.198 9.669 10.163 Building Maint. Worker 201.6 9.965 10.475 11.010 11.574 Const. Maint. Worker III 226.6 12.794 13.448 14.136 14.859 Const. Maint. Worker II 211.6 11.013 11.576 12.168 12.790 Const. Maint. Worker I 201.6 9.965 10.475 11.010 11.574 Customer Services Worker 216.6 11.577 12.169 12.791 13.446 Department Aide 228.1 12.987 13.651 14.350 15.083 Dock Attendant 187.4 8.647 9.089 9.554 10.042 Equipment Mechanic 232.7 13.598 14.294 15.D25 15.793 Equipment Service Worker 192.7 9.117 9.583 10.073 10.588 Gardener Aide 122.2 4.506 4.737 4.979 5.234 Laboratory Analyst 247.6 15.782 16.589 17.437 18.329 Meter & Backflow Prev. Mech 226.6 12.794 13.448 14.136 14.859 Park Attendant 188.6 8.751 9.198 9.669 10.163 Park Maint. Worker III 224.5 12.528 13.169 13.842 14.550 Park Maint. Worker II 209.5 10.784 11.335 11.915 12.524 Park Maint. Worker I 199.5 9.758 10.257 10.782 11.333 12.288 11.689 11.231 10.683 14.347 10.683 12.165 15.619 13.444 12.165 14.133 15.855 10.556 16.601 11.130 5.501 19.267 15.619 10.683 15.294 13.165 11.913 -4- Resolution No. 90-177 Page 11 Classification Range H 0 U R L Y R A T E S Title No. A B C D Park Ranger 200.2 9.827 10.329 10.857 11.413 Public Services Inspector 245.2 15.408 16.196 17.024 17.895 Recreation Assistant 150.8 5.998 6.304 6.627 6.966 Recreation Leader I 177.4 7.824 8.224 8.645 9.087 Recreation Leader II 197.4 9.556 10.044 10.558 11.098 Recreation Program Coord. 219.0 11.858 12.465 13.102 13.772 Secretary 208.1 10.634 11.178 11.750 12.350 Sr. Bldg. Maint. Worker 230.2 13.263 13.941 14.654 15.403 Sr. Util. Sys. Technician 252.1 16.508 17.352 18.240 19.172 Sewage Treat. Plt. Oper. 237.1 14.210 14.936 15.700 16.503 Storekeeper II 217.6 11.693 12.291 12.920 13.581 Storekeeper I 197.6 9.575 10.064 10.579 11.120 Telephone Oper./Recept. 188.6 8.751 9.198 g.669 10.163 Theatre Volunteer Coord. 219.0 11.858 12.465 13.102 13.772 Utilities Sys. Mechanic 237.1 14.210 14.936 15.700 16.503 Utilities Sys. Technician 242.1 14.938 15.702 16.505 17.349 Water Treat. Plt. Oper. III 247.1 15.703 16.506 17.350 18.238 Water Treat. Plt. Oper. II 237.1 14.210 14.936 15.700 16.503 Water Treat. Plt. Oper. I 227.1 12.858 13.516 14.207 14.933 11.996 18.810 7.322 9.552 11.665 14.476 12.982 16.191 20.153 17.347 14.275 11.689 10.683 14.476 17.347 18.236 19.170 17.347 15.697 EFF~TIVE ,~UNE Z4:1991 Classification Range H 0 U R L Y R A T E S Title No. A B C D Account Clerk II 205.6 10.372 10.902 11.460 12.046 Account Clerk I 200.6 9.866 10.371 10.901 11.458 Administrative Clerk II 196.6 9.479 9.964 10.474 11.009 Administrative Clerk I 191.6 9.017 9.478 9.963 10.473 Administrative Secretary 221.1 12.110 12.729 13.380 14.064 Box Office Attendant 191.6 9.017 9.478 9.963 10.473 Building Maint. Worker 204.6 10.269 10.794 11.346 11.926 Const. Maint. Worker III 229.6 13.183 13.858 14.566 15.311 Const. Maint. Worker II 214.6 11.348 11.928 12.538 13.179 Const. Maint. Worker I 204.6 10.269 10.794 11.346 11.926 Customer Services Worker 219.6 11.929 12.539 13.181 13.855 Department Aide 231.1 13.383 14.067 14.786 15.542 Dock Attendant 190.4 8.910 9.366 9.844 10.348 'Equipment Mechanic 235.7 14.012 14.729 15.482 16.274 Equipment Service Worker 195.7 9.395 9.875 10.380 10.911 Gardener Aide 125.2 4.644 4.881 5.131 5.393 Laboratory Analyst 250.6 16.262 17.094 17.968 18.887 Meter & Backflow Prev. Mech 229.6 13.183 13.858 14.666 15.311 Park Attendant 191.6 9.017 9.478 9.963 10.473 Park Maint. Worker III 227.5 12.910 13.570 14.264 14.993 Park Maint. Worker II 212.5 11.112 11.680 12.278 12.906 Park Maint. Worker I 202.5 10.055 10.569 11.110 11.678 Park Ranger 203.2 10.126 10.644 11.188 11.760 12.662 12.044 11.572 11.008 14.783 11.008 12.536 16.094 13.853 12.536 14.563 16.337 10.877 17.106 11.469 5.669 19.853 16.094 11.008 15.760 13.566 12.275 12.362 -5- Resolution No. :)0-177 Page 12 Classification Range H 0 U R L Y R A T E S Title No. A B C D Public Services Inspector 248.2 15.877 16.689 17.542 18.439 Recreation Assistant 153.8 6.180 6.496 6.828 7.178 Recreation Leader I 180.4 8.062 8.475 8.908 9.364 Recreation Leader II 200.4 9.846 10.350 10.879 11.436 Recreation Program Coord. 222.0 12.219 12.844 13.501 14.191 Secretary 211.1 10.958 11.518 12.107 12.726 Sr. Bldg. Maint. Worker 233.2 13.666 14.365 15.100 15.872 Sr. Util. Sys. Technician 255.1 17.010 17.880 18.795 19.756 Sewage Treat. Plt. Oper. 240.1 14.642 15.391 16.178 17.005 Storekeeper II 220.6 12.049 12.665 13.313 13.994 Storekeeper I 200.6 9.866 10.371 10.901 11.458 Telephone Oper./Recept. 191.6 9.017 9.478 9.963 10.473 Theatre Volunteer Coord. 222.0 12.219 12.844 13.501 14.191 Utilities Sys. Mechanic 240.1 14.642 15.391 16.178 17.005 Utilities Sys. Technician 245.1 15.392 16.180 17.007 17.877 Water Treat. Plt. Oper. III 250.1 16.181 17.009 17.879 18.793 Water Treat. Plt. Oper. II 240.1 14.642 15.391 16.178 17.005 Water Treat. Plt. Oper. I 230.1 13.249 13.927 14.639 15.388 19.382 7.545 9.842 12.020 14.917 13.377 16.684 20.766 17.875 14.710 12.044 11.008 14.917 17.875 18.791 19.754 17.875 16.175 EFFEg~T~VE ~.ql4UAI~Y 6~ 1992 Classification Range H 0 U R L Y R A T E S Title No. A B C D Account Clerk II 207.6 10.581 11.122 11.691 12.289 Account Clerk I 202.6 10.065 10.580 11.121 11.690 Administrative Clerk II 198.6 9.671 10.165 10.685 11.232 Administrative Clerk I 193.6 9.199 9.670 10.164 10.684 Administrative Secretary 223.1 12.354 12.986 13.650 14.348 Box Office Attendant 193.6 9.199 9.670 10.164 10.684 Building Maint. Worker 206.6 10.476 11.012 11.575 12.167 Const. Maint. Worker III 231.6 13.450 14.137 14.860 15.620 Const. Maint. Worker II 216.6 11.577 12.169 12.791 13.446 Const. Maint. Worker I 206.6 10.476 11.012 11.575 12.167 Customer Services Worker 221.6 12.170 12.793 13.447 14.135 Department Aide 233.1 13.653 14.351 15.085 15.856 Dock Attendant 192.4 9.090 9.555 10.043 10.557 Equipment Mechanic 237.7 14.295 15.026 15.795 16.602 Equipment Service Worker 197.7 9.584 10.074 10.590 11.131 Gardener Aide 127.2 4.737 4.980 5.234 5.502 Laboratory Analyst 252.6 16.591 17.439 18.331 19.268 Meter & Backflow Prev. Mech 231.6 13.450 14.137 14.860 15.620 Park Attendant 193.6 9.199 9.670 10.164 10.684 Park Maint. Worker III 229.5 13.170 13.844 14.552 15.296 Park Maint. Worker II 214.5 11.337 11.916 12.526 13.166 Park Maint. Worker I 204.5 10.258 10.783 11.334 11.914 Park Ranger 205.2 10.330 10.859 11.414 11.998 12.917 12.288 11.806 11.231 15.082 11.231 12.789 16.419 14.133 12.789 14.857 16.667 11.097 17.451 11.700 5.783 20.254 16.419 11.231 16.078 13.840 12.523 12.611 -6- Resolution No. 90-177 Page 13 Classification Range H 0 U R L Y R A T E S Title No. A B C D Public Services Inspector 250.2 16.197 17.026 17.896 18.812 Recreation Assistant 155.8 6.305 6.627 6.966 7.323 Recreation Leader I 182.4 8.225 8.646 9.088 9.553 Recreation Leader II 202.4 10.045 10.559 11.099 11.666 Recreation Program Coord. 224,0 12.466 13.103 13.773 14.478 Secretary 213.1 11.179 11.751 12.352 12.983 Sr. Bldg. Maint. Worker 235.2 13.942 14.655 15.405 16.193 Sr. Util. Sys. Technician 257.1 17.354 18.241 19.174 20.155 Sewage Treat. Plt. Oper. 242.1 14.938 15.702 16.505 17.349 Storekeeper II 222.6 12.293 12.921 13.582 14.277 Storekeeper I 202.6 10.065 10.580 11.121 11.690 Telephone Oper./Recept. 193.6 9.199 9.670 10.164 10.684 Theatre Volunteer Coord. 224.0 12.466 13.103 13.773 14.478 Utilities Sys. Mechanic 242.1 14.938 15.702 16.505 17.349 Utilities Sys. Technician 247.1 15.703 16.506 17.350 18.238 Water Treat. Plt. Oper. III 252.1 16.508 17.352 18.240 19.172 Water Treat. Plt. Oper. II 242.1 14.938 15.702 16.505 17.349 Water Treat. Plt. Oper. I 232.1 13.517 14.208 14.935 15.699 19.774 7.697 10.041 12.263 15.218 13.647 17.021 21.186 18.236 15.007 12.288 11.231 15.218 18.236 19.170 20.153 18.236 16.501 EFFECTZYE OUL¥ $: 199Z Classification Range H 0 U R L Y R A T E S Title No. A B C D Account Clerk II 212.6 11.123 11.692 12.290 12.919 Account Clerk I 207.6 10.581 11.122 11.691 12.289 Administrative Clerk II 203.6 10.166 10.686 11.233 11.807 Administrative Clerk I 198.6 9.671 10.165 10.685 11.232 Administrative Secretary 228.1 12.987 13.651 14.350 15.083 Box Office Attendant 198.6 9.671 10.165 10.685 11.232 Building Maint. Worker 211.6 11.013 11.576 12.168 12.790 Const. Malnt. Worker III 236.6 14.139 14.862 15.622 16.421 Const. Maint. Worker II 221.6 12.170 12.793 13.447 14.135 Const. Maint. Worker I 211.6 11.013 11.576 12.168 12.790 Customer Services Worker 226.6 12.794 13.448 14.136 14.859 Department Aide 238.1 14.352 15.086 15.858 16.669 Dock Attendant 197.4 9.556 10.044 10.558 11.098 Equipment Mechanic 242.7 15.028 15.796 16.604 17.453 Equipment Service Worker 202.7 10.075 10.591 11.132 11.702 Gardener Aide 132.2 4.980 5.235 5.502 5.784 Laboratory Analyst 257.6 17.441 18.333 19.270 20.256 Meter & Backflow Prev. Mech 236.6 14.139 14.862 15.622 16.421 Park Attendant 198.6 9.671 10.165 10.685 11.232 Park Maint. Worker III 234.5 13.845 14.553 15.297 16.080 Park Maint. Worker II 219.5 11.917 12.527 13.168 13.841 Park Maint. Worker I 209.5 10.784 11.335 11,915 12.524 Park Ranger 210.2 10.860 11.415 11.999 12.612 Public Services Inspector 255.2 17.027 17.898 18.814 19.776 Recreation Assistant 160.8 6.628 6.967 7.323 7.698 13.579 12.917 12.411 11.806 15.855 11.806 13.444 17.261 14.857 13.444 15.619 17.521 11.665 18.346 12.300 6.080 21.292 17.261 11.806 16.902 14.549 13.165 13.257 20.787 8.091 -7- Resolution No. 90-1 Page i4 Classification Range H 0 U R L Y R A T E S Title No. A B C D E Recreation Leader I 187.4 8.647 9.089 9.554 10.042 10.556 Recreation Leader II 207.4 10.560 11.100 11.668 12.264 12.892 Recreation Program Coord. 229.0 13.105 13.775 14.479 15.220 15.998 Secretary 218.1 11.752 12.353 12.985 13.649 14.347 Sr. Bldg. Maint. Worker 240.2 14.657 15.406 16.194 17.022 17.893 Sr. Util. Sys. Technician 262.1 18.243 19.176 20.157 21.188 22.271 Sewage Treat. Plt. Oper. 247.1 15.703 16.506 17.350 18.238 19.170 Storekeeper II 227.6 12.922 13.583 14.278 15.008 15.776 Storekeeper I 207.6 10.581 11.122 11.691 12.289 12.917 Telephone Oper./Recept. 198.6 9.671 10.165 10.685 11.232 11.806 Theatre Volunteer Coord. 229.0 13.105 13.775 14.479 15.220 15.998 Utilities Sys. Mechanic 247.1 15.703 16.506 17.350 18.238 19.170 Utilities Sys. Technician 252.1 16.508 17.352 18.240 19.172 20.153 Water Treat. Plt. Oper. III 257.1 17.354 18.241 19.174 20.155 21.186 Water Treat. Plt. Oper. II 247.1 15.703 16.506 17.350 18.238 19.170 Water Treat. Plt. Oper. I 237.1 14.210 14.936 15.700 16.503 17.347 In the event that there is a significant increase or decrease in the cost of living during the life of this Agreement, the City agrees to meet with represen- tatives of the Union to discuss the impact. 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 ser- vice of the City. For the purposes of computing 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. One day vacation shall be accrued for each month of employment, for a total of twelve (12) working days, or ninety-six (96) hours 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, or one hundred twenty (120) hours 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, or one hundred forty-four {144) hours per year. After fifteen (15) years of continuous employment, an additional three (3) days per year shall be accrued, for a total of twenty-one {21) working days, or one hundred sixty-eight {168) hours per year. Vacation time can be accumulated to a maximum of 150% of one year's eligibility, and accumulation above 150% shall be forfeited. -8- Resolution No. 90-177 Page 15 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 employee and particular regard for the needs of the City. In the event one or more holidays fall within a vacation leave period, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate employment shall be paid in a lump sum 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 completed 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 full-time positions. For the purposes of computing sick leave, a working day shall be considered as 1/5 of the number of working or duty hours in the established work week. One (1) day sick leave shall be accrued for each month of employment, for a total of twelve {12) working days, or ninety-six {96) hours per year. 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 compensation while absent on such leave, the employee shall notify his immediate 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 time may require certification by the employee's physician in order to receive compensation. This requirement is at the discretion of the department head. In the event of illness in the immediate family, an employee may use accrued sick leave not to 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 on time card. After ten (10) years of continuous employment with the City and upon termination or retirement, an employee will receive compensation for unused sick leave as follows: Upon normal retirement employee will receive 50% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of retirement and will not exceed $4,000. Be Upon leaving the employ of the City for other than retirement, employee will receive 50% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of termination and will not exceed $2,000. -9- Resolution No, 90-177 Page 16 Ce Upon the death of an employee, compensation for unused sick leave shall be at the same rate as the termination benefit. Payment shall be made to the employee's designated beneficiary. Section 3. Holidays. The holidays for employees in this unit are as follows: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3rd Monday-February Last Monday-May July 4 1st Monday-September November 11 4th Thursday-November Fourth Friday-November December 25 In addition, one-time holidays will be granted as follows: Christmas Eve Christmas Eve December 24, 1990 December 24, 1992 Full-time Community Services employees and Public Services employees in the Park Maintenance Worker classification, who are required to work on 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 Year's Day Memorlal Day Independence Day Labor Day January 1 Last Monday-May July 4 1st Monday-September These Community Services and Park Maintenance Worker employees may, however, request time off in lieu of pay for a holiday worked. The times at which an employee may take his holiday in lieu shall be approved by the department head with due regard for the wishes of the employee and needs of the City. The employee will continue to receive holiday pay for the holiday worked. For the purpose of computing holiday pay, a working day shall be considered as 1/5 of the number of working or duty hours in the established work week. Payment of two (2) times the employee's regular rate of pay shall be paid for all unscheduled hours worked on a holiday. In addition to regular pay for hours worked, employees in this unit shall be paid hollday pay, whether on or off duty on the holidays above. 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. -10- Resolution No. 90 177 Page 17 Section 4. Bereavement Leave. In the event of a death In the family, a regular employee shall be eligible for 1-5 days off with pay to attend the funeral, subject to the following provisions: Be The relatives designated shall include father, mother, father-in-law, mother-in-law, wife, husband, brother, slster, daughter, son, grand- parents, grandson, grandaughter, brothers and sisters having one parent in common, and those relationships generally called "step" providing persons in such relationships have lived or have been raised in the family home and have continued an active family relationship. An employee may be eligible to use breavement leave to attend the funeral of a person who has been living with the employee in the same capacity of a spouse, provided, however, the employee has previously notified the personnel office, in writing, of the individuals name. To be eligible for bereavement leave, the employee must attend or make bona fide effort to attend the funeral. Pay for compensable bereavement leave shall be in the same amount as pay for sick leave for the same period. 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. It is not chargeable against sick leave. All requests for paid bereavement leave shall be subject to approval of the Personnel Officer. Section Article General. Pm..yr~ll and Work. Week, 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 prior written approval, on a case-by-case basis, by the City Manager. Requests for advance vacation pay must be made 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 from Monday through Sunday is established at 40 hours for all full-time employees in the unit. Unscheduled hours worked on Sundays and holidays shall be paid for at double the employee's rate of pay. All employees in this unit shall be paid one and one-half (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 week. Employees whose regularly 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 employees assigned to -11- Resolution No, 90-177 Page 18 work the forty-eight (48) hour weekend shift shall be paid overtime at 1½ times thelr rate of pay for all hours worked in excess of forty (40) hours. Employees working overttme will continue to receive overttme pay after 12:00 A.M. for con- tinuous hours worked including meal and rest periods, provided regular hours worked the following day will be paid at the employee's regular rate of pay. Any Community Services employee or Public Services employee in the Park Maintenance Worker classification whose hours are changed at the request of the department within five (5) days of the date the employee is scheduled to work shall receive overtime pay for all hours which fall outside the originally scheduled hours. The employee shall be responsible for remaining apprised of the work schedule in order to be eligible for the overtime pay, provided that a five- day advance work schedule is available. For the purpose of computing overtime, hours of vacation, sick leave and holiday shall be considered as hours worked. Section 2. Compensatory Time-Off (CTO). Compensatory time off, in lieu of overtime, shall be taken as one and one-half {1½) hours off for each overtime hour worked. The maximum accumulation of compensatory 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 compensated for the excess accumulation in a cash payment. The em- ployee may, however, carry over any accumulation of compensatory time off above 40 hours until September 30 of the next fiscal year, at the request of the employee with the approval of the department head. Section 3. Dues Deduction. Upon written request to the Personnel Division, employees may elect to pay dues through payroll deduction to the California Teamsters, Local 911, or the elected majority representative of the Non-Safety Employees Unit. Check will be made payable to the Teamsters or elected majority representative only. Section 4. Flexible Work Hours. The City agrees to make available, on a trial basis, a flexible work schedule for the Public Services construction maintenance field forces. Work schedules and operating conditions will be developed by the City. Continuation of the program is at the discretion of the City Manager. 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 agreement between the City and the carrier(s). Health benefit premiums for each employee shall be paid in full by the City. -12- Resolution No. 90-177 Page 19 Dependents of each employee may also be covered by health benefit coverage, upon proper applicatlon and acceptance. The cost of dependent coverage of the medi- cal and dental plan will be shared equally between the City and the employee. The employee's share of the cost will be made through payroll deduction. Section 2. Eye Care. The City will provide an eye care plan. The City shall pay 100% of the premium for the employee and his/her dependent coverage. Section 3. Llfe Insurance. The first day of the month following date of hire, an employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of one and one-half (1½) times annual income {$10,000 minimum). Section 4. Long-Term Disability Income Insurance. This employee benefit provides for the payment of a monthly income benefit payment for those covered employees totally disabled by injury or sickness. The monthly benefit provided under this coverage will be 66-2/3% of the employee's monthly earnings to a maximum of $3,000 per month. The insurance carrier is responsible for calculating the exact benefit amount, based on each individual's income status. 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 monthly benefit payment period. Monthly benefits are paid, with certain exceptions, as explained in the Group Insurance handbook, until the recovery from 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. Section 5. Flexible Benefits Program The City will maintain a Flexible Benefits Program during the term of this Agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for medical and dental plan deductibles and co-payments; orthodontia; hearing exams and aids; vision care; and other health care expenses not covered by existing medical and dental coverage. Additional elements of the Program may include reimbursement accounts consisting of child/dependent care and nursery school, and other viable options. -13- Resolution No. 90-177 Page 20 Section 1. Tuition Reimbursement. The actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $375 per fiscal year per employee, will be refunded to all regular City employees for professional and technical courses in accredited educational institutions provided that: 1. The employee has received at least a satisfactory proficiency rating on his/her last performance report. The subject matter of the course relates directly to and contributes toward the performance of the employee's position with the City. The employee must submit a Request 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. Before receiving reimbursement the employee shall furnish documentation proof of pay and shall provide evidence that he/she has completed 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 from 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. Textbooks and equipment paid for by the City shall become the property of the City. Reimbursement for texts and equipment will be approved only if the text or equipment were not available from the City. Section 2. Uniforms and Equipment. The City will provide and maintain all uniforms that are required by the City for Administrative Services field employees, Conmunity Services lake/park and recreation employees, and Public Services employees as follows: Safety shoes shall be worn by employees as required by the City. The department will establish and furnish to the Director of Administrative Services a list of classifications required to wear safety shoes. The list will be updated by January 1st of each year and on an as-needed basis, with the concurrence of the Union. The employee shall be provided an allowance for the purchase of safety shoes in accordance with the following: Recreation Coordinators .......... Recreation Leader II ............ Tree Trin~ner ................ Remaining classifications in the unit required by the City to wear safety shoes $60 per fiscal year $60 per fiscal year $150 per fiscal year $135 per fiscal year 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. -14- Resolution No. 90-177 Page 21 The City will provide and maintain eleven {11) sets of uniforms for those employees required to wear uniforms, excepting Recreation employees. Employees electing to wear City-approved summer attire may receive fewer than eleven sets of standard uniforms and shall be respon- sible for the maintenance of the summer attire. Ce The City will provide eleven (11) shirts and one (1) jacket for Recreation employees who work five (5) days per week, and seven {7} shirts and one {1) jacket for employees who work three {3) days per week for those employees required to wear uniforms. Recreation employees may receive sweater{s) in lieu of shirt{s) on the basis of equivalent dollar value. Employees may elect to wear City approved shorts during the sum..er. All summer attire must be City approved. Park Rangers will be reimbursed up to $300 each fiscal year for the pur- chase of approved uniforms. Uniform selection shall be approved by the Director of Community Services. Public Services employees generally assigned to field work shall receive one {1) Jacket per fiscal year on an as-needed basis as determined by the Public Services Operations Manager. F. Standards of maintenance of uniforms and equipment shall be determined by the City, and employees must maintain these standards. Section 3. Probation. All appointments, including promotional appointments, shall be for a probationary 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 which he has been promoted shall be reinstated to a position in the class from which he was promoted unless he is discharged from the City. A supervisor may, with concurrence of the department head, require an extension of an initial probationary period, upon a less than satisfactory performance evaluation. On 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 employee's desire to appeal the special probation within ten {10) calendar days of the employee's having been placed on special probation. 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; -15- Resolution No. 90-177 Page 22 The City and all employees shall comply with any policy and/or proce- dure which may from time to time be promulgated by the City Council. Temporary Assignment To A Higher Level Vacancy. Section 5. 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 incumbent is on paid or unpaid leave for fifteen {15) or more consecu- tive working days shall be compensated at the "A" step rate of pay for the higher level position, 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 has been specifically assigned in writing on a form provided by the City by the department head or his/her designee. Under no circumstance shall the rate of compensation be less than five percent (5%} above the employees current rate of pay. B. Partial Responsibility: De An employee specifically assigned to perform a portion of the duties of the higher level position for fifteen (15) or more consecutive working days shall receive additional compensation of five percent (5%) above the employee's current rate of pay. The assignment shall be in writing and on a form provided by the City. For purposes of determining the period of 15 consecutive days, holidays will apply toward hours worked, and vacation and sick leave will apply toward hours worked provided the employee has served in the acting posi- tion continuously for six {6) or more months. At the conclusion of such an assignment, the employee shall be restored to his/her former classification regardless of the time involved. The employee may 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 development, job enlargement or enrichment. The employee will be notified in advance as to the nature of this assignment. Section 6. Meal And Rest Periods. Meal periods and rest periods will be permitted at scheduled intervals, and insofar as practicable and consistent with operational interests. An employee shall be 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 compensated for the meal period as hours worked. A policy memorandum will be implemented to ensure that employees in the Customer Services Division, Community Services Aquatics Division, and those classified as Park Attendants, when possible, may take a designated ten-minute break twice during an eight-hour work day, providing one break in the morning and one in the afternoon. The designated breaks shall be in lieu of any other rest periods per- mitted by this Agreement. -16- Resolution No. 90-177 Page 23 In the event an employee is required to work in excess of twelve (12) consecutive hours, the City shall pay the cost of a meal in the amount of $9.00. For pur- poses of determining consecutive hours worked, meal and rest periods will be con- sldered hours worked. Section 7. Travel Expenses. A® Prior approval of the department head and final approval of the City Manager shall be required prior to reimbursement for travel expenses. Employees using their own vehicle on approved City business travel will be reimbursed at the rate of thirty cents {$.30} per mile. C. Employees on approved official business away from the City will be reimbursed for actual and necessary expenses incurred. D. In order to be reimbursed, employees must include original receipts for all expenses with the reimbursement claim form. 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 maintain a list of eligible Public Services and Adminis- trative Services field personnel who have agreed to stand by for call- back as required. Each employee shall be paid on the last full pay period of the month a share of $900 per month for fiscal year 1990-91 through 1991-92, and $1,000 per month for fiscal year 1992-1993, which shall be divided equally among those on the list. 1. The call-out list shall consist of qualified employees. 2. List members shall meet the following qualifications: (a) Must reside within the limits of City of Poway and the com- munities of Rancho Penasquitos or Rancho Bernardo, as deter- mined by the Public Services Operations Manager. (b) Must be rated as a Construction Maintenance Worker II, equal to or above, as determined by the Public Services Operations Manager. 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 from the bottom positioning on up to the top Position 1. -17- Resolution No. 90-177 Page 24 e (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 Item 4. If a call-out list member 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 from 1530 hours of a work day to 0700 hours the following work day during the work week. During weekends from 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 starts for the call-out when the duty person receives the call from the Filtration Plant. (b) Time stops and call-out is complete when the duty person noti- fies the Filtration Plant that the call is completed. (c) An employee who is contacted while serving a call-out {as de- fined above) and is called to another site for additional duties, shall not be compensated for a second or subsequent call-out for this assignment. However, if the employee has left the worksite, or sites, is actually returning, or 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 {1½) the hourly rate of pay. (e) Sunday and holiday call-out time 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 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 wear a listed contact phone number. City pager when away from his/her -18- Resolution No. 90-177 Page 25 Calls to the duty person will be placed by the Treatment Plant Operator. (a) Treatment Plant Operator will screen calls to determine need to contact duty person. (b) Upon being contacted by the Treatment 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 employees when needed. (d) Should duty person need assistance, Treatment Plant Operator will first attempt to call list members progressively. (e) Upon call completion, the duty person will advise the Treatment 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 crew in making repairs, but will remain flexible in case of other call outs during this time. Employees who are assigned standby duty may request the use of a City truck. The City truck shall be available to the employee during standby for use as is necessary to ensure that the employee is readily available for call out. However, the employee should use discretion and common 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 communities of Poway, Rancho Pe~asquitos or Rancho Bernardo. B. Filtration Plant. When an employee 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 share of a lump sum of $200 per month. This lump sum allowance shall be distributed as determined by the employees standing duty. Section 9. Benefit Days. In addition to provisions for vacation, sick leave, and holidays set forth else- 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 by the end of the last full pay period of the fiscal year the benefit day{s) shall be forfeited. -19- Resolution No. 90-177 Page 26 Section 10. Transfers. An employee transferring from this unit to another unit shall malntaln 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 11. Layoff and Reemployment. The City may abolish any position or employment and the employee may be laid-off without taking disclpllnary action and without the right of appeal. Persons to be laid-off shall be given at least ten (10) calendar days prior notice, and they shall be maintained on a reemployment 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 prlor to the effective date of resignation. The Clty will pay an employee for all hours worked within 72 hours after termin- ation, and wi11 thereafter pay all accumulated reimbursable benefits as early as feasible. An employee who has restgned with a good record will be given preferentlal con- sideratlon for rehlre if a position is avallable. Decision to rehire is at the discretion of the City, and the employee will not reestablish rights and/or benefits lost at the tlme of resignation. An employee with five (5) years service who resigns in good standing and Is reemployed within a two (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. Employees may elect to make credit union contributions through payroll deduction. Section 14. Shift Differential. Filtration Plant employees 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 shlft differential pay of $0.85/hour in addition to their regular rate of pay. Filtration plant employees assigned to work the forty- eight (48) hour weekend shlft shall receive a $0.85 per hour shift differential while working from 3 P.M. to 11 P.M. on Saturday and Sunday and while working from 11 P.M. to 7 A.M. on Saturday night and Sunday night. -20- Resolution No. 90-177 Page 27 Public Services Department employees in the Park Maintenance Worker classifica- tion who are assigned a work schedule which requires them to work after the hour of 3:30 P.M. or before 5:00 A.M. shall be entitled to shift differential pay of $O.§5/hour in addition to their regular hourly rate of pay regardless of when the employee's meal period is scheduled. However, if the meal period is scheduled outside of these hours, the employee will be paid shift differential only for the hours actually worked. Community Service Department employees in the Park Ranger, Dock Attendant, and Park Attendant (Administrative Clerk I) classifications who are assigned a work schedule which requires them to work after the hour of 3:30 P.M. or before 5:00 A.M. shall be entitled to shift differential pay of $0.55/hour in addition to their regular hourly rate of pay regardless of when the employee's meal period is scheduled. However, if the meal period Is scheduled outside of these hours, the employee will be paid shift differential only for the hours actually worked. Employees scheduled to work durlng the general 5:00 P.M. will not receive shift differential 3:30 P.M. and 5:00 P.M. office hours of 8:00 A.M. to pay for hours worked between Publtc Services Department employees In the Building Maintenance classification who are assigned to work the night shift, shall be entitled to shlft dlfferen- tlal pay of $0.55 per hour in addition to their regular hourly rate of pay for the hours worked between 3:30 P.M. and 7:00 A.M. Public Services Department employees in the Equipment Mechanic classlflcatlon, who are assigned to work the night shift, shall be entitled to shift differen- tlal pay of $0.55 per hour In addltion to their regular hourly rate of pay for the hours worked between 3:30 P.M. and 7:00 A.M. Public Services employees who are required to work an evening schedule outside of their normal work schedule shall receive shift differential pay of $0.55 per hour only when the employee does not qualify to receive overtime for working during the normal work schedule on the following day. Section 15. Call-Back Time. Employees called back 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. Article 10, Grlevaflce, Section 1. Purpose. A. To promote improved employer-employee relationships by establishing procedures for appealing management actions. Be To afford employees individually or through the Representatives a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. Ce To provide that grievances shall be settled as near as practicable to the point of origin. -21- Resolution No. 90-177 Page 28 Section 2. Scope. A grievance shall be considered as any matter for which appeal is not elsewhere provided for or prohibited, concerning: A dispute about the interpretation or application of this agreement 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 employment. A decision affecting the employment of any permanent or probationary employee over which the department head has partial or complete jurisdiction. Section 3. Procedure. Informal Grievance Procedure - An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay. If this discussion does not satisfactorily resolve the problem, the employee may discuss it with the supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest appropriate level of supervision. If the employee is not in agreement with the decision reached by discussion, he shall then have the right to file a formal grievance in writing within five {5) calendar 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 employee's immediate supervisor, who shall render a deci- sion and comments in writing and return them to the employee within five {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 employee may present the appeal 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 employee, his representative, if any, and with other appropriate persons. The department head shall render his decision and comments in writing, and return them 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. ® Third Level of Review: The City Manager receiving the grievance, or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The City Manager may designate any person or -22- Resolution No. 90-177 Page 29 e Section 4. A® Be Ce E® persons to advise him concerning the appeal. The City Manager shall render his decision and co~rm~,ents in writing, and return them 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 may present the appeal in writing th the City Council. 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. Conduct of Grievance Procedure. Day as used in this procedure means calendar 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 mutual agreement of the employee and the reviewer concerned. The employee may request the assistance of another person of his own choosing in preparing and presenting his appeal at any level of review. The employee 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 employee 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. F. Employees shall be assured freedom from reprisal for using the grievance procedure. And $~¢1el Security, The City will provide retirement benefits through the Public Employees' Retire- ment System. The City does not participate in the Social Security System. 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 "Third Level 1959 Survivors Benefits" option as soon as practicable. Effective on the first day of the final pay period of fiscal year 1992-93, the City will contract with the Public Employees' Retirement System {PERS) to provide the retirement benefit based on the employees' single highest year salary. -23- Resolution No. 90-177 Page 30 A~l¢le 12, Personnel Rules, All other employee rights, privileges, and benefits Personnel Rules of the City of Poway. are included in the The Union 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, t4elntenance of l#mbershlp, Employees in a classification represented by the Union who are members as of the date of this Agreement and have signed a payroll dues deduction authorization card or subsequently become members and sign such a card, shall remain members and the City shall continue to deduct said dues durlng the period covered by this Memorandum of Understanding. Employees may withdraw their membership and discon- tinue dues deduction during the month of May to be effective in June following the expiration of the Agreement. -24- Resolution No. 90-177 Page 31 PART ~, PART-T~NE ENI)LOYE~ Artlcle 1, Gener&l, Section 1. Purpose. Part II of this Agreement recognizes the Representatives as the majority repre- sentative of all part-time regular non-management and non-confidential employees of the City, excluding the Fire Department personnel, and represents the unit for the matters within the scope of meet and confer, and the Representatives accept the cuty of fair representation in meet and confer and under this Agree- ment. All Sections (1 through 3) of Part I of this Agreement shall apply to all regu- lar part-time employees. Article 2, Severablllty and ~vlng$, All of Article 2, Part I, of this Agreement shall apply to all regular part-time employees. Article 3, $3mp~tlty Action, All of Article 3, Part I, of this Agreement shall apply to all regular part-time employees. In accordance with Article 4, Part I, this entire Agreement shall con,hence at 12:00 A.M. on July 1, 1990, and terminate at 11:59 P.M. on June 30, 1993. At the expiration of this agreement, in whole or in part and 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- vided, however, that it has been agreed that the new agreement will be retroac- tive to the expiration of this agreement. Article 5, Wages, Effective June 25, 1990, regular part-time employees will receive salary adjustments in accordance with the following: Effective June 25, 1990 Effective June 29, 1991 Effective January 6, 1992 - Effective July 6, 1992 6.0% salary increase 3.0% salary increase 2.0% salary increase 5.0% salary increase The position classifications are established at the salary ranges indicated in Article 5, Part I, of this Agreement. -25- Resolution No. 90-177 Page 32 Ar~le ~, L~v~s, Section 1. Vacation. Employees in the unit shall be entitled to vacation leave with pay excepting those employees who have been employed by the City for less than the equivalent of six (6) continuous months of full-time employment. For purposes of computing annual vacation leave, an eight (8) hour working day shall be considered as one-fifth (1/5) of the number of working or duty hours in the established forty (40) hour work week. One day of vacation shall be accrued for each two (2) months of employment, for a total of six {6) working days, or forty-eight {48) hours per year. After five (5) years of continuous employment, an additional one and one-half {1-1/2) days per year shall be accrued, for a total of seven and one-half {7-1/2) working days, or sixty {60} hours per year. After ten (10) years of continuous employment, an additional one and one-half {1-1/2) days per year shall be accrued, for a total of nine {9) working days, or seventy-two {72) hours per year. After fifteen (15) years of continuous employment, an additional one and one- half {1½) day per year shall be accrued, for a total of ten and one-half {10½) working days, or eighty-four (84) hours per year. Vacation time can be accumulated to a maximum of 150% of one year's eligibility, and accumulation above 150% shall 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 employee and particular regard for the needs of the City. In the event one or more holidays fall within a vacation leave period, the holi- days shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination, provided they have served six {6) continuous months with the City. Section 2. Sick Leave. Sick leave with pay may be granted to all probationary and regular employees within this unit who are regularly employed in permanent part-time positions. For the purposes of computing sick leave, an eight {8} hour working day shall be considered as one-fifth {1/5) of the number of working or duty hours in the es- tablished forty {40) hour work week. One {1) day sick leave shall be accrued for each two {2) months of employment, for a total of six (6) working days, or forty-eight (48) hours per year. Sick leave shall be granted to an employee only for actual working time off. -26- Resolution No. 90-177 Page 33 Accumulation of sick leave shall be unlimited. In order to receive compensation while absent on such leave, the employee shall notify his in~nedlate supervisor or the department head prior to or wlthin two (2) hours after the time set for the beginning of his/her work shift. Sick leave over three (3) working days may require certification by the em- ployee's physician in order to receive compensation. This requirement is at the discretion of the Department head. In the event of illness in the immediate family, an employee may use accrued sick leave not to exceed two {2) 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 on the time card and Request for Leave of Absence form. After ten (10) years of continuous employment with the City and upon termina- tion or retirement, an employee will receive compensation for unused sick leave as follows: Upon normal retirement, a part-time employee will receive 25% of all sick leave hours accrued. Calculations will be at the employee's rate of pay at the time of retirement and will not exceed $2,000. Be Upon leaving the employ of the City for other than retirement, a part- time employee will receive 25% of all hours accrued. Calculations will be at the employee's rate of pay at the time of termination and will not exceed $1,000. Upon the death of the employee, compensation for unused sick leave shall be at the same rate of the termination benefit. Payment shall be made to the employee's designated beneficiary. Section 3. Holidays. The holidays for employees in this unit are as follows: New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3rd Monday-February Last Monday-May July 4 1st Monday-September November 11 4th Thursday-November Fourth Friday-November December 25 Part-time employees shall receive regular pay for hours worked on a holiday. Part-time employees shall receive four {4} hours holiday pay whether on or off duty on the nine holidays listed above. In addition, one-time holidays will be granted as follows: Christmas Eve Christmas Eve December 24, 1990 December 24, 1992 -27- Resolution No. 90-177 Page 34 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. &r'~l¢l~ 7, Pa,yr~ll ar~l 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 prior written approval, on a case-by-case basis, by the City Manager. Requests for advance vacation pay must be made prior to the end of the pay period for which pay is to be received. For employees regularly working less than 40 hours in one week, or designated as part-time or temporary employees, 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. All employees in this unit shall be paid one and one-half (1-1/2) 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 week. Employees whose regularly 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. Employees working overtime will con- tinue to receive overtime pay after 12:00 A.M. for continuous hours worked including meal and rest periods, provided regular hours worked the following day will be paid at the employee's regular rate of pay. Any Community Services employee whose hours are changed at the request of the department within five (5) days of the date the employee is scheduled to work shall receive overtime pay for all hours which fall outside the originally scheduled hours. The employee shall be responsible for remaining apprised of the work schedule in order to be eligible for the overtime pay, provided that a five-day advance work schedule is available. For the purpose of computing overtime, hours of vacation, sick leave and holiday, shall be considered as hours worked. Section 2. Compensatory Time-Off (CTO). Compensatory time off, in lieu of overtime, shall be taken as one and one-half {1½) hours off for each overtime hour worked. The maximum accumulation of compensatory time off shall be 8D hours; however, the accumulation of hours shall be reduced to 40 hours at the end of the fiscal year, and the employee shall be compensated for the excess accumulation in a cash payment. The em- ployee may, however, carry over any accumulation of compensatory time off above 40 hours until September 30 of the next fiscal year, at the request of the employee with the approval of the department head. Section 3. Dues Deduction. Upon written request to the Personnel Division, employees may elect to pay dues through payroll deduction to the California Teamsters, Local 911, or the elected majority representative of the Non-Safety Employees Unit. Check will be made payable to the Teamsters or elected majority representative only. -28- Resolution No. 90-177 Page 35 Section 1. Hospital and Medical. The regular part-time employee may elect to be covered by the City's medical and/or dental insurance plans. 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 agreement between the City and carrier(s). The part-time employee shall pay fifty (50%) percent, and the City shall pay fifty (50%) percent of the health benefit premiums for the employee-only coverage. The cost of dependent coverage of the medical and dental plan of the employee's choice will be as follows: the employee will pay seventy-five (75%) percent, and the City will pay twenty-five (25%) percent. The employee's share of the cost will be made through payroll deduction. Section 2. Eye Care. The part-time employee may elect to be covered by the City's vision care plan. The City shall pay fifty (50%) percent of the cost of the premium for the coverage of the employee and his/her dependents, and the employee shall pay the remaining fifty (50%) percent of the premium. The employee's share of the cost will be made through payroll deduction. Section 3. Life Insurance. The part-time employee may elect to be covered by the City's llfe insurance plan provided said employee also participates in one of the City's medical plans. The employee shall pay fifty (50%) percent of the premium, and the City shall pay fifty (50%) percent of the premium. Section 4. Flexible Benefits Program. The City will maintain a Flexible Benefits Program in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefits. Included in the Flexible Benefits Program are reimbursement accounts for medical and dental plan deductibles and co-payments; orthodontia; hearing exams and aids; vision care; and other health care expenses not covered by existing medi- cal and dental coverage. Additional elements of the Program may include reimbursement accounts consisting of child/dependent care and nursery school, and other viable options. -29- Resolution No. 90-177 Page 36 Section 1. Tuition Reimbursement. The actual cost paid for tuition, books and required technical supplies and equipment, to a maximum of $100 per fiscal year per employee, will be refunded to all regular part-time employees after five (5) years of continuous employment for professional and technical courses in accredited educational institutions provided that: 1. The employee has received at least 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 employee's position with the City. The employee must submit a Request 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. Before receiving reimbursement the employee shall furnish documentation proof of pay and shall provide evidence that he/she has completed 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 from 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. Textbooks and equipment paid for by the City shall become the property of the City. Reimbursement for texts and equipment will be approved only if the text or equipment were not available from the City. Section 2. Uniforms and Equipment. For employees in the Lake Operations, Park and Landscape Maintenance Divisions, and Public Services Department, the City will provide uniforms that are required by the City in accordance with the following: Safety shoes shall be worn by employees as required by the City. The department will establish and furnish to the Director of Administrative Services a list of classifications required to wear safety shoes. The list will be updated by January 1st of each year and on an as-needed basis with the concurrence of the Union. The employee will be provided an allowance of $60 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. -30- Resolution No. 90-177 Page 3! The City will provide one (1) jacket and eleven (11) sets of uniforms for those employees who work five {5) days per week, and seven {7} sets of uniforms for employees who work three (3) days per week for those employees required to wear uniforms. Recreation employees may receive sweater(s) in lieu of shirt{s) on the basis of equivalent dollar value. Employees may elect to wear City approved shorts during the summer. Employees electing to wear City approved summer attire may receive fewer than eleven (11), or seven {7) sets of standard uniforms and shall be responsible for the maintenance of the sumner attire. The City will maintain uniforms provided to Public Services employees. Standards of maintenance of uniforms and equipment shall be determined by the City, and employees must maintain these standards. Section 3. Probation All appointments, including promotional appointments, shall be for a probationary period of not less than a period equivalent to six (6) months of full-time em- ployment. 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 which he has been promoted shall be reinstated to a position in the class from which he was promoted unless he is discharged from the City. A supervisor may, with concurrence of the department head, require an extension of an initial probationary period, upon a less than satisfactory performance evaluation. On 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 employee's desire to appeal the special probation within ten {10} calendar days of the employee's having been placed on special probation. 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 comply with any policy and/or proce- dure which may from time to time be promulgated by the City Council. Section 5. Temporary Assignment To A Higher Level Vacancy. Ae Full Responsibility -- An employee specifically assigned on a temporary basis to a higher level position for the equivalent of fifteen {15) or more consecutive full-time work days in which there is no appointed -31- Resolution No. 90-177 Page 38 incumbent or in which the incumbent is on paid or unpaid leave shall be compensated at the "A" step rate of pay for the higher level position, which payment shall be retroactive to the first day of such services, provided, however, that the full range of dutles of the higher level position has been specifically assigned in writing on a form provided by the City by the department head or his/her designee. Under no cir- cumstance shall the rate of compensation be less than five percent {5%) above the employees current rate of pay. Partial Responsibility -- An employee specifically assigned to perform a portion of the duties of the higher level position for the equivalent of fifteen (15) or more consecutive work days shall receive additional pay equal to 5% of current salary. The assignment shall be in writing and on a form provided by the City. At the conclusion of such an assignment, the employee shall be restored to his/ her former classification regardless of the time involved. The employee may 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 development, job enlargement or enrichment. The employee will be notified in advance as to the nature of this assignment. Section 6, Transfers. 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 7. Layoff and Reemployment. 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-off shall be given at least ten {10} calendar days prior notice, and they shall be maintained on a reemployment 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 8. Resignatlons. 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 termin- 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 of the City, and the employee will not reestablish rights and/or benefits lost at the time of resignation. -32- Resolution No. 90-177 Page 39 An employee with the equivalent of five (5) years of full-time service who resigns In good standing and is reemployed within a two (2) year period to the same or equal position previously held, shall be eligible to earn and use vaca- tion, sick leave, and other benefits to which they are otherwise entitled as if there had been no break in service. Section 9. Credit Union. Employees may elect to make credit union contributions through payroll deduction. Article 10, ~rtevance Section 1. Purpose. A. To promote improved employer-employee relationships by establishing procedures for appealing management actions. To afford employees individually or through the Representatives a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. C. To provide that grievances shall be settled as near as practicable to the point of origin. Section 2. Scope. A grievance shall be considered as any matter for which appeal is not elsewhere provided for or prohibited, concerning: A dispute about the interpretation or application of this agreement or of any ordinance, resolution, rule or regulation governing personnel procedures or working conditions. B. A dispute about the practical consequences of a City decision on wages, hours and other terms and conditions of employment. A decision affecting the employment of any permanent or probationary employee over which the department head has partial or complete jurisdiction. Section 3. Procedure. Informal Grievance Procedure -- An employee who has a problem or complaint should first try to get it settled through discussion with his inmediate supervisor without undue delay. If this discussion does not satisfactorily resolve the problem, the employee may discuss it with the supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest -33- Resolution No. 90-177 Page 40 appropriate level of supervision. If the employee is not in agreement with the decision reached by discussion, he shall then have the right to file a fomal grievance in writing within five (5) calendar 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 employee's immediate supervisor, who shall render a deci- sion and comments in writing and return them to the employee within five {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 {S} days, the employee may present the appeal 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 employee, his representative, if any, and with other appropriate persons. The department head shall render his decision and comments in writing, and return them 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. Third Level of Review -- The City Manager receiving the grievance, or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The City Manager may designate any person or persons to advise him concerning the appeal. The City Manager shall render his decision and comments in writing, and return them 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 may present the appeal in writing th the City Council. 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. A. Day as used in this procedure means calendar 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 mutual agreement of the employee and the reviewer concerned. -34- Resolution No. 90-177 Page 41 De The employee may request the assistance of another person of his own choosing in preparing and presenting bls appeal at any level of review. The employee 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 employee to take further action within the specified time 11mits at each level of review, or within five (5) days If no decision Is rendered, shall constitute wlthdrawal of the grievance. F. Employees shall be assured freedom from reprisal for using the grievance procedure. All other employee rights, privileges, and benefits are included Personnel Rules of the City of Poway. in the Article 12, dob Actlon$ The Unlon agrees not to strike or otherwise engage in withholding servlces or concerted action during the term of this agreement. Also, the City agrees not to lock out the employees. Employees In a classification represented by the Teamsters who are members as of the date of this agreement and have signed a payroll dues deductlon authoriza- tion card or subsequently become members and sign such a card, shall remain mem- bers and the City shall continue to deduct said dues during the period covered by this Memorandum of Understanding. Employees may withdraw their membership and discontinue dues deduction during the month of May to be effective in June following the explratlon of the agreement. -35- Resolution No. 90-177 Page 42 Artlcle :14, Postlng Of Agreement A copy of this agreement will be initially distributed to all employees, given to all new employees hired into the unit after July 1, 1990, and made available at the Filtration Plant, the Operations Center, Community Services Facilities, Personnel, and with each Department Head. The undersigned, representing the City and the Representatives do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Unit approve same. For the City: Peggy A. 'S~wart Director of Administrative Services Joyc~/A.'Posey, Personnel Man~lger Charlotte Collins, Data Pro~~r Peter MOote, Management Analyst For the Representatives: C~T"om Howar?~ Chief Steward ~rry Beau-champ, Steward ine Gesse'l, Steward (Ji~ Grogan D - ~(llfornla Teamsters, Local 911 -36-