CC Resolution 11821RESOLUTION NO. ilszi
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.
PASSED AND ADOPTED this 2nd day of June 2015, by the following roll call vote:
AYES: COUnCilmemberS: Gibbons,~Resnikoff, Kotowski, Baker, Cristina
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Wendy ood, Acting City Clerk
APPROVED:
Jeffrey R ri ,Mayor
,~ .- ..
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, 2015, and shall terminate at twelve o'clock
midnight on June 30, 2019. Negotiations shall commence, not more than one hundred and
eighty (180) days nor less than ninety (90) days prior to the 30`" day of June 2019. Written
notice shall be given to the other of its desire to change, modify, amend, 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.
Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
C
D.
E.
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 Technician
Lighting & Traffic Signal Supervisor
Street Maintenance Lead Worker
Street Maintenance Worker 1
Street Maintenance Worker II
Street Maintenance Field Supervisor
Lighting & Traffic Signal Assistant
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 thev are members of the Union.
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,
Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015-June 30, 2019
(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 apro-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, 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.
Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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 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. On the first pay period including July 1, 2015, 2016, 2017 and 2018, the specific salaries for
City employee classifications represented by the Union shall be increased based on the
increase to the CPI, with a minimum increase of 1.0% and a maximum increase of 3.0%.
The Consumer Price Index (CPI) based increases provided for above, will be based on the
change measured to the CPI-W (urban wage earners and clerical workers) San Francisco-
Oakland-San Jose index for the prior twelve (12) month period, October to October.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
B. Merit Salary 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 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
For the term of this contract:
The City will be responsible for the increase to the PERS employer contribution rate on the
PERS plan.
The City will provide Division 0002 dental coverage, including an annual maximum per patient
benefit of $2,500, and orthodontia coverage with a $2,500 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
Health Insurance Benefit Prooram
The City will provide a maximum of the minimum employer contribution required under
PEMHCA per month for health insurance (2016: $125; 2017: TBD; 2018: TBD; 2019: 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.
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).
Cafeteria Plan Allowance
Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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: $1,435 (+$122 to CaIPERS = $1,557 total)
Employee plus one: $1,435 (+$122 to CaIPERS = $1,557 total)
Employee plus family: $1,455 (+$122 to CaIPERS = $1,577 total)
Effective January 2016, 2017, 2018 and 2019, 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, with a maximum reimbursement of $3000 per year.
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.
Employees represented by Carpenters may utilize tuition reimbursement for examination fees
and related review course fees if pursuing job related certification programs.
G. Deferred Comoensation
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.
H. 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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
• 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:
• 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 Street Maintenance Lead Worker
Park Maintenance Worker I Street Maintenance Worker I
Park Maintenance Worker II Street Maintenance Worker II
Lighting/Traffic Signal Assistant LightinglTraffic Signal Technician
Lighting/Traffic Signal Supervisor 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).
J. Bilingual Pay
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.
K. 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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
2. Vacation Accrual Rates: All employees in miscellaneous, safety and permanent part-time
positions shall earn vacation credits as follows:
a. Miscellaneous and Safetv Emplovees with a 40-Hour Workweek:
Hours Accrued
Years of Service (uninterrupted) 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 Emplovees: Eligible employees in permanent part-time positions
which are budgeted on a one-half 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:
Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
Accrual Rate Per Pay
Period for
Emplovees on a 40-hour Workweek
3.38 hours
4.92 hours
5.85 hours
6.46 hours
Number of Hours Retainable
192
232
272
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.
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.
2. 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 -Probationary 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. Holidays
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
Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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 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 Holiday 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, if the non-management Public Works maintenance
employee is contacted by his/her supervisor prior to the beginning of his/her normal work day
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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 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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
O. Working Out-of-Class Pav
Public Works Maintenance Division Non-management 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.
Standbv Pav
Public Works Non-management Maintenance, Mechanic and Traffic/Liohtino 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 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:
a. The employee is on leave of absence, or
b. The employee fails to answer the phone when contacted by the supervisor.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
Q. Meal Allowance
Public Works maintenance, non-management employees covered under this MOU will receive a
meal allowance of $9.00 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. Employee 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..
S. Survey Aoencies
Comparable salary and benefit data is gathered from Campbell's survey agencies to determine
how Campbell benchmark classifications compare with comparable positions in our survey
agencies.
Survey Agencies
Cupertino
Gilroy
Los Altos
Los Gatos
Milpitas
Morgan Hill
Mountain View
Palo Alto
Santa Clara
Saratoga
Sunnyvale
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 or her immediate supervisor with a complete
inventory of all additional tools and the supervisor has approved, in advance and in writing, the
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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 6point
(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 '/,, 2, 4, 6")
1!4 DRIVE RATCHET (1 regular, and 1 flexible)
3/8 DRIVE SOCKET SETS
(10mm,11mm,12mm,13mm,14mm,15mm,16mm,17mm,18mm,19mm) shallow and deep, 6
point
(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,11mm,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,l2mm,13m m,14mm,15mm,16mm,17mm,18mm,19mm,20mm,21 mm,22mm,23m
m,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'/z, 5, 11")
112 DRIVE RATCHET (straight and Flexible)
1/2 BREAKER BAR 24"
SPARK PLUG SOCKETS
5l8 STANDARD SOCKET
5/8 WOBBLE SOCKET
5/8 DEEP
13/16 STANDARD
13/16 DEEP
13/16 WOBBLE
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)
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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,11mm,12mm,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, 3/8,7116,1 /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)
ALLEN WRENCH
(2mm,2.5mm,3mm 4mm,5mm, 6mm 8mm,10mm)
(1/8, 5/32,3116,7/32,1/4,5/16,3/8)
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)
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
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
B.
and dies, presses, slide hammers, meters and or gages, and any battery operated tools, as well
as any oversized and specialty tools as may be needed for the worker to perform his or her
required duties.
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.
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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015-June 30, 2019
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 Lavoff: 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 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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019.
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 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 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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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, Scooe and Rioht 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.
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.
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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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.
Steo 2: An employee dissatisfied with the decision of the 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.
Steo 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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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.
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 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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
H. Emolovee Riahts
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 Emolovee 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.
The basic work week will start at 6:30am and 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 Policv
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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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-counter
medication may present a safety risk are to report such drug use to their supervisor so as 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 discharge. 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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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.
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 are 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;
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Nonhern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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 bargaining 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;
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 may be 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 only 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
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
SUBSTANCE: SCREENING TEST: CONFIRMATION:
Amphetamines 500 ng/ml Amphetamine
250 ng/ml GC/MS
Methamphetamine*
250 nglml 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 ng/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 standards 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).
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
(d) All positive drug test results shall be confirmed by a Medical Review Officer (MRO) designated,by
the City.
(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 are 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 separate, 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.
Employee's Responsibilities
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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 dru;-c`._'._'~::oc=e:: `ETA="_~~*E 4--""mod 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.
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
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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.
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
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.
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Northern California Carpenters Regional Council
Memorandum of Understanding
July 1, 2015 -June 30, 2019
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.
EXECUTED THIS DAY OF MAY 2015 BY THE EMPLOYER-EMPLOYEE
REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW FOR THEIR RESPECTIVE
ORGANIZATION.
CITY REPRESENTATIVES
NORTHERN CALIFORNIA CARPENTERS EGIONAL COUNCIL
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CARPENTERS 46 NORTHERN CALIFORNIA COUNTI S CO ERENCE BOARD
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