CC Resolution 11552RESOLUTION NO. iissz
A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS
FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE
EMPLOYEE ORGANIZATION ENUMERATED BELOW
WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code requires the City
Manager to prepare and submit an annual salary plan to the City Council for its approval;
and
WHEREAS, a Memorandum of Understanding for salaries, benefits and working conditions
has been approved and executed by the authorized representatives of the Northern
California Carpenters Regional Council and City Council representatives; and
WHEREAS, the City Council of the City of Campbell desires to ratify and adopt the
provisions included in the Memorandum of Understanding attached.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell
does hereby approve and ratify the attached Agreement and authorizes the Human
Resources Manager to sign the Memorandum of Understanding.
PASSED AND ADOPTED this 4th day of June 2013, by the following roll call vote
AYES: Councilmembers: xotowski, Cristina, Baker, Waterman, Low
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Low,
ATTEST:
Anne Bybee, City Clerk
MEMORANDUM OF UNDERSTANDING ON
WAGES, EMPLOYEE BENEFITS, HOURS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
Northern California Carpenters Regional Council
PARTIES TO UNDERSTANDING
This Memorandum of Understanding is between the authorized representatives of the
City Council of the City of Campbell, hereinafter referred to as "City," and the authorized
representatives of the Northern California Carpenters Regional Council, the Carpenters
46 Northern California Counties Conference Board and their Affiliated Local Unions,
hereinafter referred to as "Union." The City and Union have met and conferred in good
faith regarding wages, hours and other terms and conditions of employment, have
freely exchanged information, opinions and proposals, and have reached agreement on
all matters relating to the employment conditions and employer-employee relations of
bargaining unit employees.
II. STATE LAW COMPLIANCE
This Memorandum of Understanding is entered into pursuant to the provisions of the
Meyers Milias Brown Act, as contained in Section 3500 et seq. of the Government Code
of the State in that the employer-employee representatives noted here did meet and
confer in good faith and did reach agreement on those matters within the scope of
representation.
This Memorandum of Understanding also complies with Resolution 10016, relating to
employer-employee relations, as adopted and amended by the City Council of the City
of Campbell.
III. GENERAL CONDITIONS
A. Personnel Rules and Regulations
This Memorandum of Understanding does not modify or change the
provisions of the Personnel Rules and Regulations of the City unless a
specific reference is made herein to modify or add to the existing
Personnel Rules and Regulations. The parties agree to meet and confer
over changes to the Personnel Rules affecting terms and conditions of
employment as required under the Meyers Milias Brown Act during the
term of this Agreement.
B. Term of Understanding
This memorandum shall become effective July 1, 2013, and shall
terminate at twelve o'clock midnight on June 30, 2015. Negotiations shall
commence, not more than one hundred and eighty (180) days nor less
than ninety (90) days prior to the 30th day of June 2015. Written notice
shall be given to the other of its desire to change, modify, amend,
Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
C
D.
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supplement, renew, or extend this MOU. All notices required to be given
to the Union shall be addressed to it at an address designated by the
Union. While this MOU continues in effect, neither party will make
demands upon the other party for any changes in conditions or benefits or
for any new or additional conditions or benefits except at the time and in
the manner provided above.
Existing Benefits Continued
This Memorandum of Understanding does not modify existing salaries,
benefits, hours, or terms and conditions of employment contained in the
currently adopted Pay and Classification Plan, except as noted herein.
Such benefits and terms of employment remain unmodified and shall
continue in full force and effect throughout the term of this Memorandum
of Understanding.
Recognition and Represented Classifications
The City recognizes and expressly acknowledges the Union as the
exclusive representative for employees covered by this Memorandum of
Understanding, to include part time and full time probationary and
permanent employees. At no point shall the City utilize Temporary
employees to perform work covered under this MOU, except the City may
appoint Temporary employees on an "as needed" basis for work which is
anticipated to be of a temporary or intermittent nature either on a full-time
or part-time basis.
The job classifications represented and recognized under this MOU are as
follows:
Equipment Maintenance Supervisor
Mechanic I
Mechanic II
Park Maintenance Worker I
Park Maintenance Worker II
Park Maintenance Lead Worker
Lighting & Traffic Signal Assistant
Lighting & Traffic Signal Technician
Lighting & Traffic Signal Supervisor
Street Maintenance Lead Worker
Street Maintenance Worker I
Street Maintenance Worker II
Street Maintenance Field
Supervisor
Agencv Shop Agreement
1. Duty of Fair Representation
The Union, as the exclusive representative, has the duty to provide fair
and non-discriminatory representation to all workers covered by this
Memorandum of Understanding, regardless of whether they are members
of the Union.
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July 1, 2013 -June 30, 2015
2. Options Available to Workers
All workers covered by this MOU shall, within thirty (30) days of the date
upon which said worker was formally hired by the City as a bargaining unit
worker, as a condition of regular employment either:
(1) Become and remain a member of the Union;
(2) Pay to the Union, through payroll deduction, an agency fee in
an amount which does not exceed an amount which may be
lawfully collected under applicable constitutional, statutory, and
case law, which shall be less than the monthly dues made during
the duration of this Memorandum of Understanding, it being
understood that it shall be the sole responsibility of the Union to
determine an agency fee which meets the above criteria; or,
(3) Present to the Union and the Director of Finance a written
declaration that the worker is a member of a bona fide religion,
body, or sect which has historically held a conscientious objection
to joining or financially supporting any public employee organization
as a condition of employment; and pay a sum equal to the agency
fee described in (2) above to one of the following:
A. The American Cancer Society;
B. The American Heart Association;
C. The Sickle Cell Anemia Research and Education, Inc.
(SCARE); or
D. Any charity jointly agreed upon by the City and the Union.
Such charities cannot be affiliated in any manner with the
Union, nor can such charity be related to an established
religious organization.
Exceptions
Part-time, permanent, non-exempt bargaining unit workers shall pay a
pro-rated agency fee on the basis of said worker's annual salary as
compared with the same annual salary for a comparable full time worker.
If, after all other involuntary and insurance premium deductions are made
in any pay period, the balance is not sufficient to pay the deduction of
union dues, agency fee or charity fee required in this Article, no such
deduction shall be made for the current pay period.
Inactivity and Reinstatement
The provisions above shall not apply during periods that a worker is
separated from the bargaining unit, but shall be reinstated upon the return
of the worker to the bargaining unit. For the purpose of this Section, the
term "separation" includes transfer out of the bargaining unit, layoff,
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Memorandum of Understanding
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termination and leave of absence without pay.
Compliance
Workers may voluntarily sign and deliver to the City a written assignment
authorizing deduction of the properly established union dues, agency fee,
or charity fee as defined in above, subject to the conditions set forth
elsewhere in this Memorandum of Understanding for payroll deductions.
Upon voluntary authorization duly completed and executed, the City will
deduct from the pay of union members and pay to the Union bi-weekly,
the normal and regular monthly union dues, agency fee, or charity fee. In
the event that a regular worker who is not exempted from payment under
the above language does not voluntarily sign and deliver to the City an
authorization to deduct union dues, agency fee, or charity fee, within thirty
(30) days of the date on which the worker was formally hired by the City
as a bargaining unit worker, the City shall deduct from the pay of the
worker and pay to the Union bi-weekly the normal and regular monthly
agency fee without the approval of the worker. All transmittal checks to
the Union will be accompanied by documentation which includes the
worker's name, gross pay, job title, department, hire date, dues or fee
deduction amount, and membership status (member, agency fee or
charity fee). The City will hand out to new workers payroll deduction
authorization forms and membership applications, which the Union will
supply to the City.
Hold Harmless
The Union will indemnify the City and hold it harmless against any and all
suits, claims, demands and liabilities that may arise out of or by reason of
the application of or implementation of any provision of this section.
F. Use of Bulletin Boards
The Union may use portions of City bulletin boards under the following
conditions:
A. All material must be dated and identify the publishing organization.
B. If an employee organization desires to install a bulletin board, the City
reserves the right to determine where such bulletin board shall be placed.
C. If the Union does not abide by these conditions, it will forfeit its rights
to have materials posted on City bulletin boards.
G. Stewards
The Union agrees to notify the City of the identity of its Stewards. One
Steward will be designated in each department or separate physical work
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Memorandum of Understanding
July 1, 2013-June 30, 2015
location. An employee and union steward may take official City time
without loss of compensation in order to participate in the investigation
and processing of a grievance. Total employee time in the bargaining unit
spent on the investigation and processing of a grievance will not exceed
five (5) hours per week, and no individual employee will spend more than
two (2) hours per week of City time on the investigation and processing of
a grievance. The Union will provide a monthly reporting to the Director of
Human Resources of all names and time used by week by employee
representatives during work hours.
H. City Rights
It is understood and agreed that the City retains all of its powers and
authority to direct, manage, and control operations to the full extent of the
law. The exercise of the foregoing powers, rights, authority, duties, and
responsibilities of the City; the adoption of policies, rules, regulations, and
practices in furtherance thereof; and the use of judgment and discretion in
connection therewith, will be limited only by the terms of this Agreement,
to the extent such specific and express terms are in conformance with
law.
IV. COMPENSATION
A. Salary
1. Effective the pay period containing July 1, 2013, salary schedules for
all represented classifications will be increased by two percent (2.0%).
2. Effective the pay period containing July 1, 2014, salary schedules for
all represented classifications will be increased by two percent (2.0%).
3. Furlough:
a. "Work furlough" refers to one or more hours of required unpaid
leave taken on a consecutive or intermittent basis.
b. All Union employees will be required to take fifty six (56) hours of
furlough during the 2013/14 fiscal year and forty (40) hours during
the 2014/15 fiscal year.
c. The following terms and conditions apply to the furlough program:
• Furloughs may be taken in a minimum of one hour increments,
with prior supervisor approval.
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• Employees may not use paid accrued leave during furlough
time.
• Furlough time will be considered time in paid status for the
following:
1) Accrual of paid leave
2) Seniority
3) Time in service for step increases
4) Completion of probation
5) Eligibility for holidays, and
6) Eligibility for health and welfare benefits.
• Furlough time will be addressed in accordance with CaIPERS
regulations for the purpose of pension.
• Furlough time will count as hours worked for the purpose of
calculating overtime.
• No employee may perform work for the City during furlough time
off unless authorized by management.
• The period of furlough time off will be unpaid. Furlough time off
will be tracked under a separate unpaid hours code.
• Employees on an unpaid leave of absence or workers'
compensation leave for more than 30 consecutive days will
have any remaining furlough hours pro-rated prospectively.
• If furlough hours are not taken prior to leaving employment with
the City, management has the authority to require a prorated
share of the furlough hours to be taken.
• New hire employees shall have a prorated share of furlough
hours.
If, during the period of this agreement, the financial status of the
City changes and there is no longer a necessity to continue
furlough time, authorization by Council can be given to eliminate
or decrease the number of furlough hours needed to be taken.
B. Merit Salarv Increases
A performance evaluation must accompany any and all merit salary
increases. Merit salary increases provide for advancement through the
steps of a salary range, based on satisfactory job performance, on an
annual basis, or as required for probationary employees. Such increases
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shall not be automatic, but shall depend upon increased service value of
an employee to the City as exemplified by recommendations of his
supervising official, length of service, performance record, special training
undertaken, or other pertinent evidence, within the advancement policy
established by the pay plan. Employees hired or placed at the "A" step
following transfer, promotion, demotion, reclassification or for any other
reason shall be eligible for a merit salary increase on qualifying for
permanent status or after six months of satisfactory service, whichever
comes first. Employees hired or placed above the "A" step shall not be
eligible for a merit salary increase until one year from such initial action
whether by hire, transfer, promotion, demotion, reclassification or other
reason.
C. Benefit Cost Adjustments
Julv 1.2013 and Julv 1, 2014
The City will be responsible for the increase to the PERS employer
contribution rate on the PERS plan in effect July 1, 2013 and July 1, 2014.
The City will provide the current dental coverage, including an annual
maximum per patient benefit of $2,000, and orthodontia coverage with a
$2,000 per patient lifetime. The City will be responsible for any increase
in monthly contribution to provide the current dental plan.
The City will be responsible for any increase to the monthly Employee
Assistance Program cost.
The City will be responsible for any increase in the life insurance monthly
cost.
The City will be responsible for any increase in the current long term
disability plan.
The City will be responsible for any increase in the current vision plan.
D. Health and Welfare Benefits
1. Health Insurance Benefit Program
The City will provide a maximum of the minimum employer contribution
required under PEMHCA per month for health insurance (2014: $119;
2015: TBD).
The City will continue to contract with the California Public Employees
Retirement System (CaIPERS) for the purpose of providing employees
with medical insurance benefits.
Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
The City's maximum monthly contribution for each eligible active
employee for the purchase of medical insurance will be equal to the
minimum monthly employer contribution required under the Public
Employees Medical and Hospital Care Act (PEMHCA).
2. Cafeteria Plan Allowance
The City will provide an amount per month for a Cafeteria Plan Allowance
in an additional Section 125 allotment for health and other optional
benefits. Any unused portion of the City's cafeteria plan allowance
contribution will be rebated to the employee.
The current monthly cafeteria plan allowance is based on level of
coverage, as follows:
Cash back maximum opt out of City medical coverage: $1,327(up to
employee only coverage if any amount in excess of $1,327 is contributing
to the flexible spending account).
Employee only coverage: $1,342 (+$115 to CaIPERS = $1,457 total)
Employee plus one: $1,342 (+$115 to CaIPERS = $1,457 total)
Employee plus family: $1,362 (+$115 to CaIPERS = $1,477 total)
Effective January 2014 and 2015, the City will provide an additional $50
per month to the health /cafeteria plan contribution, in addition to any
increase to PEMHCA minimum employer contribution. The cash back
maximum will remain at $1,327.
E. Second Tier Pension
Effective March 7, 2011, new full-time employees hired will be eligible for
the 2% @ 60 pension formula, calculated on the average of the three
highest years, and will pay the full employee contribution required by
CaIPERS. Miscellaneous employees hired before amendment to contract
will maintain the 2.5% at 55 retirement benefit.
F. Tuition Reimbursement
The City will continue the tuition reimbursement program as specified in
Personnel Rules and Regulations Section 18.3.A, and increase the
maximum reimbursement to $2,500 per year effective January 1, 2014
and $3,000 per year effective January 2015.
Carpenter members will be able to use tuition reimbursement money to
attend relevant work-related training that is approved by management.
Reimbursement will include tuition and class participation materials only.
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G.
H.
Employees represented by Carpenters may utilize tuition reimbursement
for examination fees and related review course fees if pursuing job related
certification programs.
Deferred Compensation
The City will continue to contribute $20 per pay period to each full time
employee's ICMA Deferred Compensation account. The contribution for
permanent part time employees will be prorated accordingly.
Retiree Award Program
The City will continue the existing Retiree Award Program continuing the
following criteria and features:
• Minimum retirement age of 50 and retired from the City of
Campbell with at least 17 years of service with the City of
Campbell.
• Bills must be submitted to the City in January and July of each year
for reimbursement for the prior six months' costs.
• Award will not exceed cost for medical coverage for the retiree only
(not dependents) on a reimbursement basis as follows:
o The maximum reimbursement is $300 per month. All other
provisions of the Retiree Award Program will remain
unchanged.
Uniform Allowance
The City will continue to provide a uniform allowance of $750 per year to
the following classifications:
Park Maintenance Lead Worker
Park Maintenance Worker I
Park Maintenance Worker II
LightinglTraffic Signal Assistant
Lighting/Traffic Signal Supervisor
Street Maintenance Lead Worker
Street Maintenance Worker I
Street Maintenance Worker II
Lighting/Traffic Signal Technician
Street Maintenance Field Spvsr
The City will continue to provide a uniform allowance of $360 per year for
the following classifications:
Equipment Maintenance Supervisor
Mechanic II
Mechanic I
Uniform allowance payments will be made once each fiscal year (in July).
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J
K.
Bilingual Pav
Represented employees who are certified to have a working level of
competence in languages other than English, and are required to regularly
converse with members of the Campbell community in a language other
than English, will receive an additional $75 per pay period as Bilingual
Pay.
In order to be eligible for Bilingual Pay, the Department Head must certify
that the employee regularly has a need to use his/her bilingual skills in
communicating with members of the community. Additionally, the
employee must pass a certification test completed by a trained
professional.
Vacation Leave
1. Purpose of Annual Vacation Leave The purpose of annual vacation
leave is to enable each eligible employee to return to his work mentally
refreshed. All employees shall be entitled to annual vacation leave with
pay except the following:
a.) Employees who work on a provisional basis, temporary
basis, and all employees who work less than 1040 hours a year.
2. Vacation Accrual Rates: All employees in miscellaneous, safety and
permanent part-time positions shall earn vacation credits as follows:
a.) Miscellaneous and Safetv Emoloyees with a 40-Hour Workweek
Hours Accrued
Years of Service (uninterruotedl Per Pav Period
Start of year 1 through completion
of year 4: 3.38 (11 days)
Start of year 5 through completion
of year 10: 4.92 (16 days)
Start of year 11 through completion
of year 15: 5.85 (19 days)
Start of year 16 and thereafter 6.46 (21 days)
When establishing increased accrual dates, time in the military
service shall not be interpreted as an interruption of service with
the City.
b.) Permanent Part-time Emglovees: Eligible employees in
permanent part-time positions which are budgeted on a one-half
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July 1, 2013 -June 30, 2015
time basis or greater shall be credited vacation on a prorated
basis.
3. Use of Vacation: In order to be eligible for full annual vacation, each
employee shall be required to serve the equivalent of one year of
continuous service with the City. After six months of continuous service,
however, each employee shall be permitted to take vacation leave not to
exceed one-half of the year's allocation.
a.) Use of Vacation in Lieu of Sick Leave: Accrued vacation
leave may be used in lieu of sick leave, when the accrued sick
leave of an employee is not enough to provide leave with pay
during an illness. Such use of vacation time as sick leave shall
be computed on the basis of one sick day leave equaling one
working day of vacation.
4. Vacation Scheduling Retention of Unused Vacation and Pavout of
Vacation Hours: The times during a calendar year 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 service. Employees will be permitted to schedule accrued
vacation time no more than six (6) months in advance. All scheduling
conflicts within the bargaining unit will be settled by a coin toss.
If the requirements of the service are such that an employee cannot take
part or all of this annual vacation in a particular calendar year, such
vacation either shall be taken during the following calendar year, or paid
for at the discretion of the appointing power, subject to the approval of
additional funds by the City Manager. In those years where it is
impractical for classified non-management personnel to schedule a
vacation, the vacation as of December 31st each year may be retained as
follows:
Accrual Rate Per Pay Period
for
Employees on a 40-hour Workweek Number of Hours Retainable
3.38 hours 192
4.92 hours 232
5.85 hours 272
6.46 hours 304
Vacation hours which exceed the number of hours retainable on the last
day of the pay period that contains December 31 each year will be paid
out during the following February.
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In the case of employees who work a 40-hour week, when one or more
holidays fall within an annual vacation leave such holidays shall not be
charged as vacation leave and the vacation leave shall be extended
accordingly.
5. Vacation Pav on Separation:
Employees who terminate employment shall be paid in a lump sum for all
accrued vacation leave earned prior to the effective date of termination;
however, employees retiring from the City under the PERS Retirement
Plan shall have the option to use the maximum amount of the employee
vacation accrual allowance prior to established retirement date providing
this is not in excess of 60 working days; or to take a lump sum payoff.
Payroll checks issued to employees using accrued vacation prior to
retirement would be subject to normal deductions.
a.) Vacation Pav on Separation - Probationaryr Period When
an employee separates from service with the City during the
first six months of his probationary period of employment, he
shall receive vacation pay for the hours of vacation accrued to
the time of separation.
L. Holidavs
The holidays to be observed by the City are as follows
• January 1st -New Year's Day
• Third Monday in January -Martin Luther King, Jr. Day
• Third Monday in February -Washington's Birthday
• Last Monday in May -Memorial Day
• July 4th -Independence Day
• First Monday in September -Labor Day
• Thanksgiving Day
• Day after Thanksgiving Day
• December 24th -Christmas Eve (4 hours)
• December 25th -Christmas Day
• Floating Holidays -The calendar year entitlement is five (5) days. New
employees receive the appropriate prorated portion of this entitlement
upon hire.
• Every day proclaimed by the Campbell City Council as a holiday.
Holidays falling on Saturday will be observed on Friday and holidays
falling on Sunday will be observed on Monday.
Permanent, probationary, and permanent part-time employees in the
classified non-management service, shall not be required to be on duty on
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Memorandum of Understanding
July 1, 2013 -June 30, 2015
holidays unless the employee's services are needed and required in the
interest of the public health, safety, or general welfare. In the case of the
latter event, any such employee shall be entitled to overtime or
compensatory time off as provided for in this MOU.
Floating Holidav Usage Rules and Exceptions
Floating Holidays must be used during the calendar year in which they are
granted, and may be utilized in conjunction with annual vacation leave.
For these purposes, the beginning of the calendar year means the first
day of the first pay period that begins in January and the last day of the
calendar year means the last day of the pay period that contains
December 315. All Floating Holiday leave time must be scheduled with
the employee's supervisor at least 24 hours in advance and cannot be
disruptive of departmental operations.
Floating Holiday time shall have no monetary value upon termination of
employment unless a terminating employee has taken more than the
proportionate share to which he/she is entitled prior to the termination
date. The formula for determining the proportionate amount of Floating
Holidays remaining in a calendar year shall be one Floating Holiday for
each three months remaining in the calendar year. The value of a Floating
Holiday shall be the same as one day of vacation, and if used but not
earned, it will be adjusted for on the employee's closing check.
M. Overtime
Overtime shall be defined as that time authorized and actually worked by
an employee in excess of normal weekly hours as prescribed in 16.19 of
Personnel Rules and Regulations. Except in emergency situations as
authorized by the City Council, management employees are not eligible
for overtime benefits. Classified non-management employees shall be
compensated for overtime according to the following rules and
regulations.
At the discretion of the department head, overtime will be compensated by
time and one-half pay or time and one-half compensatory time under the
following conditions:
1. Overtime work is ordered or authorized by the eligible employee's
department head.
2. Eligible classified non-management employees who are called back
to work by their immediate supervisor shall be granted the following
minimum paid overtime or compensatory time.
Public Works non-management maintenance personnel: 3 hours paid
time and one-half OR 4-1/2 hours compensatory time. In addition,
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July 1, 2013 -June 30, 2015
if the non-management Public Works maintenance employee is
contacted by his/her supervisor prior to the beginning of his/her normal
work day and the non-management Public Works maintenance
employee is not on the City Service Center premises, the call back
provision will apply.
Other miscellaneous non-management personnel: 3 hours paid @
time and one-half OR 4-1/2 hours compensatory time.
3. Eligible non-management employees who are required to attend
scheduled training sessions, staff meetings, or seminars which require
time beyond the normal day or week, as defined in this MOU, shall be
compensated with time off or pay in accordance with this MOU.
4. Overtime pay shall not begin until the eligible employee has worked
the hours required for his basic workweek, as set forth in 16.19 of the
Rules and Regulations. All authorized paid leave time taken shall be
credited as part of the basic workweek except that hours not worked,
at the employee's option, where those hours are charged to
compensatory time off, during the employee's 40-hour workweek and
extra hours worked during that same period, totaling 40 hours, will be
considered to be flexible scheduling within that workweek, and no
compensatory time will be granted.
N. Compensatory Time
At the discretion of the department head, compensatory time shall be
granted. Such compensatory time is to be on a time and one-half basis
except as provided for in Section 17.0 of the Rules and Regulations, and
will be governed by the following provisions.
1. Compensatory time earned by an employee who is required to work
in excess of the normal workweek shall be recorded in actual hours
worked on the employee's timecard and submitted to the Finance
Department.
2. The maximum accumulation of compensatory time is as follows:
a.) For employees represented by the Union,
compensatory time shall not be allowed to accumulate in
excess of 75 hours.
b.) Employees represented by the Union shall not be
allowed to accumulate in excess of hours as stated
above. Any compensation time earned exceeding
maximum accrual hours will be paid in cash at the rate of
time and one-half. An employee may exercise his/her
option two times each calendar year to convert any or all
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Memorandum of Understanding
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accumulated compensatory time to cash.
3. Use of compensatory time must be scheduled at least 24 hours in
advance with the employee's supervisor and recorded on the
employee's timecard for submission to the Finance Department.
4. If possible, arrangements will be made to allow employees to use
accrued compensatory time prior to termination. Otherwise, accrued
comp time shall be paid off upon termination in accordance with
section 553.21 of the Fair Labor Standards Act.
O. Working Out-of-Class Pav
Public Works Maintenance Division Non-manaoement Personnel:
Employees required to serve in an acting capacity in the higher
classification of Lead Worker shall receive an additional $25 per day.
Acting pay for the Lead Worker class will be provided for assignments of
four (4) or more hours. Written authorization to work in a higher
classification will be required. Such written authorization shall be provided
to the employee upon commencement of the assignment.
Employees required to serve in an acting capacity in the higher
classifications of Park Maintenance Supervisor, Street Maintenance
Supervisor, Equipment Maintenance Supervisor, Senior Lighting and
Traffic Signal Technician shall receive an additional $30 per day for
assignments of 4 hours or more and for Public Works Superintendent
working 8 hours or more shall receive $35 per day.
P. Standby Pav
Public Works Non-management Maintenance, Mechanic and
Traffic/Lighting Personnel: Standby assignments outside the regular work
schedule shall first be made on a rotating voluntary basis. In the absence
of volunteers, the Public Works Superintendent will designate standby
assignments. During the normal work week, if the need for standby is
known, standby assignments will be made for the period of time from the
end of the employee's normal work day until the employee's normal start
time the following day. If the need for standby assignments is known by
the end of the work day on a Friday, such standby assignments will be
made for the following time periods:
• End of work day Friday to 8:00 a.m. Saturday
• 8:01 a.m. Saturday to 8:00 a.m. Sunday
• 8:01 a.m. Sunday to beginning of work day Monday
If the need for standby is expected for part of the weekend, but not the
entire weekend, only that portion needed will be assigned in advance. If
an upcoming assigned standby shift is no longer needed, the employee
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
assigned to that shift will be notified no less than eight (8) hours in
advance. In order to be eligible for standby assignments, employees
must reside, or secure accommodation for the duration of the assignment,
at a location that is no more than thirty (30) minutes travel time from the
City's Service Center.
Standby pay shall be compensated at the rate of six (6) hours of straight
time for every 24 hours of Standby assignment. Call out of employees on
standby assignments shall be compensated at the regular overtime rate
for hours worked in addition to the standby pay. The City may provide a
vehicle to employees on standby assignment. A temporary employee shall
not perform any call back, standby, or overtime work unless such work
has been offered and refused by all probationary or permanent
employees who may be available at the time such work is offered. A
probationary or permanent employee shall be considered unavailable if:
(1) The employee is on leave of absence, or
(2) The employee fails to answer the phone when contacted by the
supervisor.
Q. Meal Allowance:
Public Works maintenance, non-management employees covered under
this MOU will receive a meal allowance of $g.00 when required by a
supervisor to work a three (3) hour or longer extension of the normal shift.
Employees working such a shift extension shall schedule their meal
breaks in a manner that is least disruptive to the work being performed
during the shift extension, and meal breaks will not exceed fifteen
minutes. Payment will be made through the City payroll system, following
the appropriate entry on the employee's timecard.
R. Emolovee Certifications
Any employee who has obtained a Qualified Applicator Certification shall
receive an additional $25 per pay period.
Any employee who has become a Certified Arborist shall be paid an
additional $50 per pay period.
III. OTHER PROVISIONS
A. Tools
The City and the Union have agreed on the list below of required tools to
be provided by each Mechanic employed by the City. The City will
replace or repair required, mechanic-provided hand tools and any
additional hand tools provided by the mechanic which are stolen and/or
damaged as a result of negligence caused by someone other than the
Mechanic (tool owner), provided the individual mechanic has supplied his
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
or her immediate supervisor with a complete inventory of all additional
tools and the supervisor has approved, in advance and in writing, the use
of such tools. In the event of theft or damage, the Mechanic will provide
his or her supervisor with a written, detailed account of the incident.
MINIMUM REQUIRED TOOL LIST
1/4 SOCKET SETS
(6mm, 7mm, 8mm, 9mm,10mm,11mm,12mm,13mm) shallow and deep 6
point
(1/4, 5/16, 3/8, 7/16,1/2) shallow and deep 6point
1/4 WOBBLE SOCKETS, shallow
(6mm,7mm,8mm,9mm,10mm,11mm,12mm,13mm) 6point
(1/4, 5/16, 3/8, 7/16,1/2) 6point
1/4 DRIVE EXTENSION SET (1 Y<, 2, 4, 6")
1/4 DRIVE RATCHET (1 regular, and 1 flexible)
3/8 DRIVE SOCKET SETS
(10mm,11 mm,12mm,13mm,14mm,15mm,16mm,17mm,18mm,19mm)
shallow and deep, 6point
(5/16,3/8,7/16,1/2,9/16,5/8,11/16,3/4) shallow and deep, 6point
3/8 EXTENSION SET (1 1/2, 2, 4, 6, 3,11")
3/8 WOBBLE SOCKETS shallow
(10mm,11 mm,12mm,13mm,14mm,15mm,16mm,17mm,18mm,19mm)
6point
(5/16, 3/8, 7/16,1/2,9/16,5/8,11/16,3/4) 6point
3/8 ALLEN WRENCH SOCKETS
(4mm,5mm,5.5mm, 6mm, 8mm,10mm)
(3/16", 7/32",1 /4", 5/16", 3/8")
3/8 DRIVE RATCHET (straight and flexible)
1/2 DRIVE SOCKET SET
(10mm,11 mm,12mm,13mm,14mm,15mm,16mm,17mm,18mm,19mm,20
mm,21 mm,22mm,23mm,24mm) shallow and deep, 6point
(5/16,3/8,7/16,1/2,9/16,5/8,11/16,3/4,13/16,7/8,15/16,1 ") shallow and
deep, 6point
1/2 DRIVE EXTENSION SET (2.3'/2, 5, 11")
1/2 DRIVE RATCHET (straight and Flexible)
1/2 BREAKER BAR 24"
SPARK PLUG SOCKETS
5/8 STANDARD SOCKET
5/8 WOBBLE SOCKET
5/8 DEEP
13/16 STANDARD
13/16 DEEP
13/16 WOBBLE
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
ALLEN WRENCH SOCKETS
(4mm,5mm,5.5mm, 6mm, 8mm,10mm)
(3/16", 7/32", 1/4", 5/16", and 3/8")
TORX SOCKETS SET
(T-15 , T-20, T-25, T-27, T-30, T-35 , T-40, T-45, T-47, T-50, T-55)
WRENCH SETS
COMBINATION WRENCHES, STUBBY
(1 /4, 5/16, 3/8, 7/16,1 /2, 9/16, 5/8,11 /16, 3/4,13/16,7/8,15/16,1 ")
(8mm,9mm,10mm,11 mm,l2mm,13mm,14mm,15mm,16mm,17mm,18mm
,19mm, 20mm,21mm)
COMBINATION WRENCHES, REGULAR
(1 /4, 5/16, 3/8,7/16,1 /2, 9/16, 5/8,11 /16,3/4,13/16, 7/8,15/16,1 ")
(8mm,9mm,10mm,11mm,12mm,13mm,14mm,15mm,16mm,17mm,18mm
,19mm, 20mm,21mm)
COMBINATION WRENCHES, LONG
(1 /4, 5/16, 3/8, 7/16,1 /2, 9/16, 5/8,11 /16, 3/4,13/16,7/8,15/16,1 ")
(8mm, 9mm,10mm,11 mm,12mm,13mm,14mm,15mm,16mm,17mm,18mm
,19mm, 20mm,21mm)
ALLEN WRENCH
(2mm,2.5mm,3mm 4mm,5mm, 6mm 8mm,10mm)
(1/8,5/32,3/16,7/32,1/4,5/16,3/8)
PLIERS
REG PLIERS
NEEDLE NOSE PLIERS (short and long)
VICE GRIP PLIERS (small, medium and large)
NEEDLE NOSE VICE PLIERS
CHANNEL LOCK (small, medium and large)
WIRE CUTTER
WIRE STRIPPER
BUTT CONNECTOR PLIERS
SNAP RING PLIERS INNER AND OUTER (small, medium and large)
SCREW DRIVERS
PHILLIPS #1, # 2 and # 3 (stubby, medium and large)
STRAIGHT BLADE 1/8,1/4, and 5/8" (stubby medium and large)
PRY BAR
Straight (small, medium and large)
Curved (small, medium and large)
PUNCH AND CHISEL SET
round punches short handle (small, medium and large)
round punches long handle (small, medium and large)
Chisels short handle (small, medium and large)
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013-June 30, 2015
Chisels long handle (small, medium and large)
HAMMERS
Ball peen, (small, medium and large)
Dead Blow (small, medium and large)
Rubber mallet
FEELER GAUGE SET
Roll around tool cabinet capable of holding all required tools
The City shall provide and maintain all power tools including but not
limited to any and all tools powered by electricity, pneumatic or tools
requiring compressed gas or air for operation. All taps and dies, presses,
slide hammers, meters and or gages, and any battery operated tools, as
well as any over sized and specialty tools as may be needed for the
worker to perform his or her required duties.
B. Probationary Period
1. Objective of Probationary Period: The probationary period shall be
considered a part of the testing process for appointments to permanent
full and part-time positions, and shall be utilized for closely observing the
employee's work and for securing the most effective adjustment of a new
employee in the new position. If a probationary employee is off work, for
any reason, for more than 4 consecutive weeks, the employee's
probationary period will be extended accordingly.
2. Probationary Period--Non-management Positions: All original
appointments shall be tentative and subject to a probationary period. The
following non-management classifications shall serve probationary period
as outlined below:
a. Employees represented by the Union shall serve a probationary
period of not less than twelve months of service.
All promotional appointments shall be tentative, and subject to a
probationary period of not less than six months of service.
The appointing power may, after conferring with the Union establish a
longer probationary period for original and promotional appointments for
specific classes. The Personnel Officer and the probationer shall be
notified two weeks prior to the termination of any probationary period as to
whether or not the services of the probationary employee have been
satisfactory. If satisfactory, the employee shall receive a permanent
appointment and if unsatisfactory, the employee shall be rejected unless
an extension of the probationary period (A.3) is requested by
management.
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Memorandum of Understanding
July 1, 2013 -June 30, 2015
3. Extension of Probationary Period: The Personnel Officer may grant an
extension of the probationary period, if the probationary employee has
been absent from his/her job for a consecutive period of four weeks or
more. If extended, the probationary period will be extended an amount of
time equal to the length of absence.
4. Reiection of Probationer: During the probationary period of an original
appointment, an employee may be rejected at any time by the appointing
power without cause and without the right of appeal or to file a grievance.
Notification of rejection in writing shall be served on the probationer and a
copy filed with the Personnel Officer.
5. Reiection Following Promotion: Any employee rejected during the
probationary period following a promotional appointment, or at the
conclusion of the probationary period, by reason of failure of the
appointing power to file a statement that his/her services have been
satisfactory, shall be reinstated to the position from which he/she was
promoted unless charges are filed and he/she is discharged in the manner
provided in the Personnel Ordinance and these rules.
C. Reduction in Force
1. Purpose: To establish layoff procedures to be implemented
when the City determines that a reduction in force is to be
accomplished in City departments, because of a change in duties
or organization, abolition of position(s), shortage of work or funds,
or the completion of work.
2. Order of Layoff: When one or more employees in the same
classification in a City department are to be laid off, the order of
layoff shall be as follows:
1. Temporary employees in inverse order of seniority.
2. Provisional workers in inverse order of seniority.
3. Probationary workers in inverse order of seniority.
4. Permanent workers in inverse order of seniority.
Should two or more employees in the same classification, with the
same status (1, 2, or 3 above) have equal seniority, the order of
layoff shall be determined by superiority in performance as
documented on the employee's performance evaluation(s). If there
are no performance evaluations, or such evaluations are
essentially equal, the order of layoff shall be in inverse order of
ranking on the employment list, as defined by the City's Personnel
Rules.
3. Seniority Defined: Length of paid employment with the City of
Campbell in a regular classification(s) in position(s) with permanent
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Memorandum of Understanding
July 1, 2013 -June 30, 2015
status. Seniority shall be retained but not accrued during any
period of leave without pay. Time served as a probationary
employee in a regular classification(s) in permanent position(s)
shall be included in determining seniority.
Time spent serving in an acting capacity in a higher classification,
following a formal appointment approved by the City Manager's
Office, shall be counted when determining seniority should the
employee later be permanently appointed to that higher
classification. To count as time "in class," the acting appointment
must have been on a full-time, continual basis for a minimum of
three (3) months, and must have had a salary differential paid for
the term of the assignment.
4. Notification: Employees to be laid off shall be given written
notification of such action (including a copy of this section of the
Personnel Rules and Regulations). Whenever possible, such
notification shall be given a minimum of twenty (20) working days
prior to the effective date of the layoff. Upon request, an employee
so notified shall have the opportunity to meet with City
representatives to discuss the circumstances requiring the layoff.
5. Reassignment in Lieu of Lavoff: Within five (5) working days of
notification of layoff, employees who wish to be reassigned in lieu
of layoff will notify the City of their intention to exercise one of the
following options:
a.) Vacancies: An employee shall be allowed to transfer to a
vacant position either in the same classification, or in a lateral
or lower classification in which the employee has held
permanent status in the same or a different department. The
requirement that the employee(s) have held permanent status
in that classification may be waived if the appointing power
certifies that the employee has the necessary education,
experience and training for that position.
b.) Displacement: An employee shall be allowed to return to
(a) a lateral or lower classification in his/her current
department providing the employee previously held
permanent status in that classification, or (b) a lateral or lower
classification in another department in which the employee
previously held permanent status, providing that the employee
served no less than six (6) months in that department. In both
(a) and (b), the employee must have more seniority (in that
and higher classification(s)) than the least senior employee in
that classification in the department in question.
The employee shall only have the right to displace if there are
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
no vacancies that the employee is qualified to fill at the same
or a higher level than the highest level which that employee is
qualified to fill through displacement. Such reassignments are
only permissible if the employee is fully qualified, trained and
capable of performing all work in the new
position/classification as determined by the appointing power.
If the appointing power determines that the employee is not
fully qualified, trained and capable of performing all the work
in the new position/classification, the reasons for such a
determination shall be provided in writing to the employee,
who shall be given the opportunity to respond to these
reasons.
6. Exceptions: Notwithstanding the foregoing, if the appointing
power determines that the public interest will not be served by
application of the preceding criteria, the appointing power may lay
off out of seniority order on the basis of a clearly demonstrable
superiority in performance and/or qualifications. In such a case,
the appointing power shall notify the employee to be laid off, in
writing, specifying the basis for such a determination.
7. Reemployment: The names of employees laid off in accordance
with provisions of this section shall be placed on a reemployment
list if their services have been satisfactory. Names shall be placed
on a classifications reemployment list in order of seniority. In the
event that a person on layoff declines reemployment to a vacant
position or cannot be contacted through telephone and certified
mail within fifteen (15) working days, such persons' names shall be
removed from the reemployment list. A reemployment list will
remain in effect for two (2) years unless specifically extended, or
sooner exhausted. Upon reinstatement an employee will be eligible
for all benefits acquired by the employee prior to the layoff,
including prior sick leave accruals (providing the employee did not
receive cash payment in lieu of same), vacation accrual rate and
seniority. Upon reemployment from the reemployment list to the
same job class from which the employee was laid off, the employee
will be reinstated at the same salary step held prior to the layoff.
An employee shall not receive credit for time spent on layoff in
computing time for any benefit entitlement.
8. Appeals: Interpretations of the provisions of this section may be
appealed through the grievance procedure in Section 20.0 of the
Personnel Rules and Regulations. Such grievances must be filed
within five (5) days of notification of the proposed action. For the
purpose of appealing interpretations of this section, the steps in the
grievance procedure prior to the meeting with the City Manager
shall be deleted. The filing of a grievance shall not prevent the City
from implementing the layoff pending final resolution of the
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Memorandum of Understanding
July 1, 2013 -June 30, 2015
grievance. The reasons or necessity for the layoff shall not be
subject to the grievance procedure or appeal.
9. Assistance to Laid-off Employees:
a.) During the notification period, the City will provide a
reasonable amount of paid time off--as approved by the
Department Head so as not to be disruptive to departmental
operations--for the employee to seek other employment.
b.) The City's Personnel Services Division will provide in-house
assistance in the areas of resume preparation and typing,
benefit counseling, and public sector job vacancy information.
D. Grievance Procedures
1. Purpose of Rules:
a. To promote improved employer-employee relations by
establishing grievance procedures on matters for which
appeal or hearing is not provided by other regulations.
b. To afford employees individually or through recognized
employee organizations a systematic means of obtaining
further consideration of problems after every reasonable
effort has failed to resolve them through discussions.
c. To provide that grievances shall be settled as near as
possible to the point of origin.
d. To provide that appeals shall be conducted as informally
as possible.
2. Definition Scope and Right to File: A grievance is defined as any
dispute involving the interpretation, application or alleged violation of:
a. A current Memorandum of Understanding between the
City and a recognized employee organization.
b. The City's Personnel Rules and Regulations where the
provision in dispute is within the scope of representation
excluding, however, any provision that specifically provides
that the decision of the City Manager or other City Official
shall be final. ("excluding" language not applicable to this
bargaining unit).
c. Administrative policies and procedures of the City
regarding personnel matters where the procedure or policy
in dispute concerns a matter within the scope of
representation.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013-June 30, 2015
d. Disciplinary procedures excluding discharge.
Where any of the aforementioned provisions or policies prescribes a
separate appeal procedure, they shall be excluded from the procedure
contained herein.
3. Grievance Steps
Step 1: An employee who has a grievance shall bring it to the
attention of his/her immediate supervisor within five working days of
the occurrence of the act which is the basis for the dispute. If the
employee and the immediate supervisor are unable to resolve the
grievance at this step within five (5) working days of the date the
grievance is raised with the immediate supervisor, the employee
shall have the right to submit a formal grievance to his/her
department head (see Step 2) which shall contain the following
information:
a. The name and job classification of the grievant.
b. Grievant's department and specific work site.
c. The name of the grievant's immediate supervisor.
d. A statement of the nature of the grievance including
date and place of occurrence.
e. The specific provision, policy or procedure alleged to
have been violated.
f. The remedies sought by the grievant.
g. The name of the individual or organization designated
by the grievant to represent him/her in the processing of
the grievance. However, in no event shall an employee
organization other than that which formally represents the
position occupied by the grievant be designated as the
grievant's representative.
h. The signature of the grievant.
i. The date of the execution of the grievance form.
A standard grievance form shall be available through the City
Manager's Office.
If mutually agreed by the department head and the employee, the
department head may hold an informal meeting re the grievance
prior to the submittal of the formal grievance form. If this informal
meeting does not resolve the grievance, the employee will be
required to submit a formal grievance form to the department head
for the department head's formal decision.
Steg 2: An employee dissatisfied with the decision of the
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013-June 30, 2015
immediate supervisor in Step 1 may submit the grievance in the
manner provided above to his/her department head within seven
(7) working days from the date of the immediate supervisor's
decision. The department head shall respond to the grievance in
writing within ten (10) working days from the date of its receipt. At
the discretion of the department head the grievance may be
referred to a subordinate manager above the level of the
supervisor.
Step 3: If the employee is dissatisfied with the decision of the
department head in Step 2, he/she may submit the grievance to the
City Manager within ten (10) working days from receipt of the
department head's response. The City Manager, or his designated
representative, shall respond to the grievance in writing within ten
(10) working days of its receipt. Within this period, the City
Manager, at his discretion, may conduct an informal hearing
involving the parties to the dispute.
Step 4: If the employee is dissatisfied with the decision of the City
Manager, he/she may submit the grievance to the Employee
Conciliation Committee within ten (10) working days of the receipt
of the City Manager's decision.
The Committee shall consist of three (3) members, one of whom
shall be selected by the grievant and one by the Municipal
Employee Relations Officer. Where such members are other than
City employees, they shall serve without compensation and without
the City bearing any obligation to reimburse the member's
employer for lost time.
The third member and chairperson of the Committee shall be a
representative from the State Mediation and Conciliation Service,
or an individual acceptable to the Municipal Employee Relations
Officer and the grievant. An individual, other than a State
representative, chosen by the parties shall be knowledgeable in
public sector relations and may be chosen from any source
reasonably likely to produce such an individual, including but not
limited to a labor organization or management organization. Any
costs incurred through the obtaining the services of the chairperson
shall be equally shared between the City and the grievant or his/her
employee organization.
The Committee shall conduct a hearing on the grievance within
thirty (30) calendar days from the date the grievance is filed at this
step and shall render its decision within fifteen (15) working days
from the conclusion of the hearing. The majority decision of the
Committee shall be final and binding and shall only be subject to
ratification by the City Council if said decision mandates an
unbudgeted expenditure.
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Memorandum of Understanding
July 1, 2013 -June 30, 2015
All hearings shall be conducted in an expeditious manner, with the
chairperson retaining final authority to rule on procedural matters or
other points which affect the length and conduct of the hearing.
Court reporters and post-hearing briefs shall only be utilized upon
joint agreement between the grievant and the City and shall not
serve to delay the Committee's decision beyond the prescribed
time limits, except by mutual agreement.
4. General Conditions for All Grievances:
-Any time limit set forth in Section K may be extended by written
agreement between the parties.
-A representative of the recognized employee organization which
has been formally extended bargaining rights for the grievant's
position shall be entitled to be present at any hearing held in
conjunction with Steps 3 and 4 of this Grievance Procedure. In
addition, at the request of the employee, the above mentioned
representative shall be entitled to be present beginning at Step 2.
-The grievant and his/her designated representative shall be
entitled to utilize a reasonable amount of work time, as determined
by the grievant's department head, to confer on the grievance.
This reasonable amount of time shall not interfere with City
operations.
-The City Manager's Office shall serve as the central repository for
all grievance records.
-The grievance procedure will be implemented as expeditiously as
possible.
E. Reclassification
The City and Union will meet and confer in the event of a reclassification
resulting in a pay reduction.
F. Notification of address
Employees shall notify the Personnel Officer of any change of address or
telephone number within fifteen (15) working days.
G. New Positions
When a new position is created, before it may be filled, the appointing
authority shall notify the Personnel Officer and, except as otherwise
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
provided by ordinance or these rules, no person shall be appointed or
employed to fill any such position until the classification plan shall have
been amended to provide therefore and an appropriate employment list
established for such position. The Personnel Officer shall notify the Union
of any such newly created position prior to the employment of any
individual into those positions.
H. Emplovee Rights
The City recognizes the right of City employees to choose and partake in
activities of employee organizations for representation in employer-
employee relations as provided for in Government Code Section 3500 and
the City's Employer-Employee Relations Resolution No. 6647.
I. Evaluation of Emplovee Performance
If an evaluation is delayed, and the employees meets standards required
for a merit increase, it is granted retroactive to the employee's anniversary
date.
J. Official Personnel Files
The only official personnel files of the City will be those maintained by the
Personnel Officer. Any other files shall have no official status. An
employee covered under the MOU, or their representative upon
presentation of written authorization from the employee, shall have access
to the employee's official personnel file.
An employee shall be informed of any performance-related document
placed into the employee's formal personnel file prior to such placement.
The City shall furnish the employee copies of all letters of discipline within
ten (10) working days prior to placement of such documents into the
employee's official personnel file. The employee shall have ten (10)
working days to respond to a letter of written reprimand and any written
response provided by the employee shall be attached to the letter of
reprimand placed in the official personnel file.
K. Alternate Work Schedule
The 9/80 work schedule is a voluntary program and participants will have
to complete an Alternative Work Schedule Agreement form to be
approved by the City Manager. Employees will not be able to arbitrarily
alternate between a regular and 9/80 schedule.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
The basic work week will be nine hours Monday through Thursday, eight
hours on Friday and every other Friday off. Staff on the 9/80 schedule will
not be allowed to use vacation or compensation time off on their assigned
Fridays, unless they are on an extended vacation and arrangements for
coverage have been previously made.
L. Substance Abuse Polic
PURPOSE
The purpose of this policy is to promote a workplace free from alcohol, drug use and substance
abuse.
This policy provides guidelines for the detection and deterrence of alcohol or substance abuse in
the workplace. It also outlines the responsibilities of managers and employees in regard to this
policy.
All persons covered by this policy should be aware that violation of the policy will result in
discipline, up to and including termination.
In recognition of the public service responsibilities entrusted to the employees of the City, and
recognizing that alcohol and substance abuse usage can hinder a person's ability to perform
duties safely and effectively, the following alcohol and drug-free workplace policy, applicable to
employees represented by the Northern California Carpenters' Regional Council, is hereby
adopted by the City.
POLICY
The City and the Union are committed to protecting the health and safety of individual
employees, their co-workers, and the public at large from the hazards caused by the misuse of
drugs and alcohol on the job. The safety of the public, as well as the safety of fellow employees,
dictates that employees not be permitted to perform their duties while under the influence of
drugs or alcohol.
An employee shall not manufacture, sell, transfer, purchase, transport, distribute, dispense, use,
be under the influence of, or possess alcohol or any controlled substance, or attempt to do so,
while performing their duties in the service of the City wherever City business is performed,
while on standby, or when operating any City-owned vehicle or equipment.
The proper use of prescription drugs as part of a medical treatment program is not a violation of
this Policy. The improper use of prescription drugs is prohibited and is a violation of this Policy.
Employees who believe or have been informed that their use of any prescription drug or over-the-
countermedication may present a safety risk are to report such drug use to their supervisor so as
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Memorandum of Understanding
July 1, 2013 -June 30, 2015
to insure the safety of themselves, other employees, City property, City vehicles and the general
public.
In the event the City questions whether the use of the medication may impair the employee's
ability to perform specific duties, the City may seek a medical opinion as to whether the
employee is able to safely perform his or her normal duties.
Any employee who is found to be in violation of this Substance Abuse Policy described above
shall be subject to discipline up to and including dischazge. Employees engaged in the sale or
purchase of illegal drugs during working hours shall be subject to immediate termination. At the
discretion of the City, any employee may be required, in connection with or instead of
disciplinary action, to participate to the City's satisfaction, in an approved drug assistance or
rehabilitation program. Such rehabilitation shall be at no direct cost to the City.
SCOPE OF POLICY
This policy applies to all employees represented by the Northern California Carpenters' Regional
Council.
Searches
In order to promote a safe, productive and efficient workplace, the City has the right to search
and inspect all City property, including but not limited to lockers, storage areas, furniture, City
vehicles, and other places under the common control of the City or joint control of the City and
employees. No employee has any expectation of privacy in any City building, property, or
communications system, with the exception of their person and personal property.
General Provisions
Within thirty (30) days of adoption of this policy, and then in new employee orientation, the City
shall provide new employees and existing employees with a copy of the policy and a brief
explanation of policy requirements, and encourage them to ask questions via their supervisor or
Human Resources.
TERMS/DEFINITIONS
Illegal Drug: Any drug or substance whose use or production is prohibited by law and/or is not
lawfully available for retail purchase.
Prescription Drug: A drug lawfully available for retail purchase only with a doctor's
prescription.
Reasonable Suspicion is based on objective factors, such as behavior, speech, body odor,
appearance, or other evidence of recent drug or alcohol use that would lead the supervisor to
believe that the employee is under the influence of drugs or alcohol. In order to receive authority
to test, the supervisor must record the factors that support reasonable suspicion on an Incident
Report Form and discuss the matter with the Human Resources Manager or Department Director.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
If there is a reasonable suspicion of drug or alcohol abuse, the employee may, at the City's
discretion, be relieved from duty and placed on administrative leave until the test results aze
received.
The following may constitute some of the reasonable causes to believe that an employee is under
the influence of drugs or alcohol.
• Incoherent, slurred speech;
• Odor of alcohol on the breath;
• Staggering gait, disorientation, or loss of balance;
• Red and watery eyes, if not explained by environmental causes;
• Paranoid or bizarre behavior;
• Unexplained drowsiness.
DRUG AND ALCOHOL TESTING METHODOLOGY
Reasonable Suspicion Testing
The City may require a urinalysis drug test screening when the City has reasonable suspicion as
defined in this policy of illegal drug use and/ or of being under the influence of illegal drugs in
the workplace. The Human Resources Manager, Department Director, or other manager if
designated, must order reasonable suspicion testing.
If a supervisor, makes observations of an employee which may constitute reasonable cause for
drug testing, the supervisor shall immediately take the following actions, if feasible, given the
condition of the employee:
Inform the employee that he/she may have a Union Representative present for testing, if a
representative is available within 45 minutes of notification. The employee shall also be
provided with the attached "Consent for Urine Test for Drugs Form" setting forth the
rights and obligations of the employee;
• Fill out the Incident Report Form (attached), including a statement of the specific facts
constituting reasonable cause to believe that the employee is under the influence of drugs,
and the names of the person(s) making the supporting observations;
Provide a completed copy of this Incident Report Form to the bargaining unit employee
before he/she is required to be tested, (and one copy made available to the Union
Representative, if present). After being given a copy of the Incident Report Form, the
bazgaining unit employee shall be allowed enough time to read the entire document, to
understand the reasons for the test.
Provide the employee with an opportunity to give an explanation of his/her condition. If
available, the Union Representative shall be present during such explanation and shall be
entitled to confer with the employee for no more than five (5) minutes before the
explanation is required;
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013-June 30, 2015
If the City representative(s), after observing the employee, and hearing any explanation,
concludes that there is in fact reasonable cause to believe that the employee is under the influence
of drugs, the employee maybe ordered to submit to a urine drug test, and the employee shall be
asked to sign the attached Consent for Urine Test for Drugs Form, attached to this Policy.
If the City has reasonable cause to believe an employee is under the influence of drugs or alcohol,
as set forth in this Policy, and the employee refuses to submit to a drug test or alcohol test, this
may subject the employee to discipline up to and including discharge.
Alcohol Testing Procedure
Alcohol testing shall be done by a law enforcement official based on a test with a preliminary
screening breath testing device which is the testing method used by law enforcement officials in
drunk driving cases. The law enforcement official administering the test shall explain the test to
the employee being tested and properly administer the test to the employee. The screening
parameters for Ethyl Alcohol shall be .04 gm/dL.
Drug Testing Procedure
The initial testing or confirmatory testing shall be done at a Substance Abuse and Mental Health
Service Administration ("SAMHSA") certified laboratory. Drug testing shall be done based on a
"split specimen" procedure of collecting and analyzing urine samples. The specimen taken will
be divided into primary and secondary specimens. If the primary specimen test is positive, the
employee shall be informed of their right to request a test of the secondary specimen by the same
laboratory, if they choose, at the City's expense. The employee will be removed from the safety-
sensitive function pending the outcome of the secondary sample test results. The employee has
three working days from notice of the initial test results within which to make the request for the
secondary sample test.
An individual shall be allowed to provide the required specimen in the privacy of a stall or
partitioned area, except if the laboratory requires an attendant in accordance with laboratory
procedures.
The laboratory will on]y test for illegal drugs. All testing will be at the City expense.
The following drugs are specified in the law and will be analyzed during drug testing:
SUBSTANCE: SCREENING
TEST: CONFIRMATION:
Amphetamines 500 ng/ml Amphetamine
250 ng/ml GC/MS
Methamphetamine*
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
250 ng/ml GC/MS
*(Specimen must also contain
amphetamine at a concentration of
greater than or equal to 200 ng/ml)
Cocaine
Metabolites 150 ng/ml metabolite 100 ng/ml GC/MS
Opiate 2000 ng/ml Morphine
Metabolites morphine 2000 ng/ml GC/MS
Codeine
2000 ng/ml GC/MS
6-acetylmorphine
(6-AM)
10 ng/ml GC/MS
(Test for 6-AM in the specimen.
Conduct this test only when
specimen contains morphine at a
concentration greater than or equal
to 2000 n /ml.)
Phencyclidine 25 ng/ml 25 ng/ml GC/MS
Marijuana 50 ng/ml 15 ng/ml GC/MS
Metabolites (Delta 9-THC)
Substance testing shall comply with the following standazds and procedures:
(a) The initial drug testing process shall be one that is scientifically proven to be at least as
accurate and valid as urinalysis using an immunoassay screening test, with all positive
screening results being confirmed utilizing gas chromatography/mass spectrometry before
a sample is considered positive.
(b) In the event the cutoff levels under the Substance Abuse and Mental Health Services
Administration (SAMHSA) Mandatory Guidelines for Federal Workplace Drug Testing
Programs for the substances listed above are changed from the above, the revised
SAMHSA cutoff levels shall apply.
(c) Drug tests shall be performed by a commercial laboratory that is certified by SAMHSA
(pursuant to Mandatory Guidelines for Federal Workplace Drug Testing Program, or
which meets the standards used by the College of American Pathologists (CAP) to
accredit laboratories for forensic urine drug testing. See Standards for Accreditation,
Forensic Urine Drug Testing Laboratories, College of American Pathologists).
(d) All positive drug test results shall be confirmed by a Medical Review Officer (MRO)
designated by the City.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
(e) If the testing procedures confirm a positive result, as described above, the employee shall
be notified of the results in writing. The employee may request in writing from the MRO
a report that includes the specific quantities. If requested by the employee or the Union,
(with the written consent of the member), the laboratory will provide copies of all
laboratory reports, forensic opinions, laboratory work sheets, procedure sheets,
acceptance criteria and laboratory procedures in accordance with the procedures of the
laboratory.
(f) All information from an employee's drug and alcohol test is confidential for purposes
other than determining whether the City's policy has been violated. Disclosure of test
results to any other person, agency, or organization is prohibited unless (1) written
authorization is obtained from the employee; or (2) the results aze disclosed in support of
discipline or to defend a disciplinary appeal; or (3) or unless the City is required to
disclose the results in accordance with legal requirements.
(g) Every effort will be made to insure that all employee substance abuse problems will be
discussed in private and actions taken will not be made known to anyone other than those
directly involved in taking the action, or who are required to be involved in the
disciplinary procedure.
No laboratory or medical test results will appear in the employee's Personnel File. Information
of this nature will be kept in a sepazate, confidential medical file.
All necessary measures shall be taken to keep the fact and the results of the test confidential.
Consequences for Policy Violation
Employees in violation of this policy may be subject to discipline up to and including
termination.
Chain of Custody/Confidentiality
The City's services provider shall conduct all drug tests administered to covered employees
under this program to ensure appropriate chain of custody and confidentiality of results.
The City shall use SAMSHA chain of custody procedures to ensure that a strict chain of custody
is maintained for the drug testing sample from the time it is taken, through the testing process, to
its final disposition. Chain of custody forms shall, at a minimum, include an entry documenting
date and purpose each time a specimen or sample is handled or transferred and identifying every
individual in the chain of custody.
Post-Accident Testing
The City may require alcohol or drug screening following any work-related accident or any
violation of safety precautions or standards, whether or not an injury resulted from the accident
or violation, provided that the "reasonable suspicion" factors described above are present.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
Employee's Responsibilities
A City employee must:
• Not report to work or be on standby or on-call status while his or her ability to perform
job duties is impaired due to on or off duty alcohol or drug use;
• Not possess or use controlled substances (illegal drugs or prescriptions drugs without a
prescription), or use alcohol at any time while on duty for the City at any location;
• Not directly or through a third party manufacture, sell, distribute, dispense, or provide
controlled substances and or alcohol to any person, including any employee, while on
duty;
• Notify his or her supervisor, no later than the beginning of the employees regularly
scheduled shift, when taking any medications or drugs, prescription or non-prescription,
that a medical professional or non-prescription warning labels included with over the
counter medication has informed the employee may interfere with the safe and effective
performance of duties or operation of City equipment while on duty;
Notify the supervisor immediately of facts or reasonable suspicions when he or she
observes behavior or other evidence that a fellow employee poses a risk to the health and
safety of the employee or others; and
• Consent to drug or alcohol testing and searches in accordance with this policy that do not
conflict with the employees rights.
Management Employee Responsibilities
City management employees must:
• If required by the funding source, notify the state or federal granting agency which has
funded the work or program, if any, of any criminal drug statute convictions for a
violation that occurred at a site where work is/was being done with a specific grant or
contract;
• Record factors supporting "reasonable suspicion" as defined above and consult with other
management staff in order to determine whether there is reasonable suspicion to test an
employee as described by this policy;
• Take appropriate disciplinary action for any criminal drug statute conviction that occurred
in a City workplace, up to and including termination, or require that the convicted
employee participate satisfactorily in a drug abuse assistance or rehabilitation program as
a condition for returning to duty; and,
• Take appropriate disciplinary action for any violation of this policy.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013-June 30, 2015
CITY REPRESENTATIVE AND SUPERVISOR TRAINING
The City shall provide management representatives with a copy of this policy, and will provide
management representatives with information to assist in identifying reasonable suspicion.
EMPLOYEE VOLUNTARY SELF-HELP PROGRAM
An employee who engages in drug/alcohol abuse is encouraged to participate in an Employee
Voluntary Self-Help Program. Employees who seek voluntary assistance for alcohol and/or
substance abuse may not be disciplined for seeking such assistance. Request by employees for
such assistance shall remain confidential and shall not be revealed to other employees or
management personnel without the employee's consent. An Employee Voluntary Self-Help
Program Counselor shall not disclose information on drug/alcohol use received from an
employee for any purpose or under any circumstances, unless specifically authorized in writing
by the employee.
The City shall allow an employee affected by alcohol or drug dependency the option of using
accrued sick leave, vacation leave, Compensatory Time Off, or an unpaid medical Leave of
Absence, for the purpose of enrolling and participating in a drug or alcohol rehabilitation
program.
VI. RETROACTIVITY
All proposals will be effective as indicated when agreement is reached.
VII. RATIFICATION
This M.O.U. is subject to ratification by a majority vote of the employee
organization and by approval of a majority of the City Council of the City of
Campbell.
VIII. LABOR MANAGEMENT COOPERATION COMMITTEE
Upon ratification of the MOU, a joint Labor-Management Committee will be formed,
consisting of an equal number of representatives, with no more than three (3)
representatives each from the Union and the City. This committee's focus and purpose
will be to promote harmonious Labor-Management relations through on-going
communications and to advance the proficiency and effectiveness of both the workforce
and the City organization. The committee will meet as needed, not to exceed four
times per year.
IX. PEACEFUL PERFORMANCE CLAUSE
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013 -June 30, 2015
During the term of this Agreement, the Union, despite any sanctions or instructions by
their international association or central council, agrees that it will not engage in,
encourage or approve any strike, slowdown or other work stoppage growing out of any
dispute relating to the terms of this Agreement. The Union will take whatever lawful
steps are necessary to prevent any interruption of work in violation of this Agreement,
recognizing that all matters of controversy within the scope of this Agreement shall be
settled by established grievance procedures.
The Union consents to, and waives any defenses against, any injunctive action by the
City to restrain any violation of this section.
X. FULL UNDERSTANDING, MODIFICATION, WAIVER
The waiver of any breach, term or condition of this Memorandum of Understanding by
either party will not constitute a precedent in the future enforcement of all its terms and
provisions.
XI. SEPARABILITY
If any provisions of this Memorandum of Understanding are held to be contrary to law
by a court of competent jurisdiction, such provisions will not be deemed valid and
subsisting except to the extent permitted by law, but all other provisions will continue in
full force and effect.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2013-June 30, 2015
EXECUTED THIS ~b ~ DAY OF MAY 2013 BY THE EMPLOYER-
EMPLOYEE REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW FOR
THEIR RESPECTIVE ORGANIZATION.
CITY REPRESENTATIVES
~,~z~
NORTHERN CALIFORNIA
CARPENTERS REGIONAL COUNCIL
CARPENTERS 46 NORTHERN
CALIFORNIA COUNTIES
CO FERENC~D
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