CC Resolution 9109
RESOLUTION 9109
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 Service
Employees International Union. Local 715 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.
PASSED AND ADOPTED, 6th day of August, 1996, by the following roll call vote:
AYES:
Councilmembers: Burr, Conant, Watson, Furtado, Dougherty
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
ATTEST:
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MEMORANDUM OF UNDERSTANDING ON
WAGES, EMPLOYEE BENEFITS, HOURS AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT
PARTIES TO UNDERSTANDING
This Memorandum of Understanding (MOU) is between the authorized representatives of the
City Council of the City of Campbell, hereinafter referred to as "City," and the authorized
representatives of Service Employees International Union. Local 715. hereinafter referred to as
"Local 715."
STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provisions of the State of California
Public Employees Representation Law, as contained in Section 3500 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 6647, relating to employer-
employee relations, as adopted and amended by the City Council of the City of Campbell.
I. GENERAL CONDITIONS
A. Representation
Local 715 is recognized by the City as the authorized representative of the following
classifications:
. Communications Supervisor
. Police Records Specialist
. Police Records Supervisor
. Public Safety Dispatcher
B. Personnel Rules and Re2:ulations
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.
Local 715
Page 2
I. GENERAL CONDITIONS (conL)
c. Terms of Understanding
This Memorandum of Understanding embodies all modifications on salaries, hours,
employee benefits, and other terms and conditions of employment, for a 24-month
term beginning July 1, 1996 and ending June 30, 1998.
D. 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.
E. Maintenance of Membership
Effective upon execution of this MOU (July 1996) and except as otherwise provided
herein, each employee who is a member in good standing of Service Employees
International Union, Local 715, shall thereafter, as a condition of employment,
maintain such membership for the duration of the MOU except as otherwise provided
herein, to the extent of paying the periodic dues uniformly required by Local 715 as
a condition of retaining membership.
Any employee who, upon execution of this MOU, is not a member of Local 715 or
any person who becomes an employee after execution, shall not be required to
become a member as a condition of employment. Any such employee who thereafter
becomes a member shall thereafter maintain such membership for the duration of the
MOU except as otherwise provided herein.
Any employee who, upon execution of this MOU, was a member of Local 715 and
any employee who subsequently becomes a member may, during the period
beginning June 1, 1998 through and including June 30, 1998, resign such
membership and thereafter shall not be required to join as a condition of
employment. Resignations shall be submitted on the prescribed form provided by
the Personnel Office.
Local 715 shall 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.
Local 715
Page 3
II. UNION SECURITY
A. Release Time
Members of the Local 715 negotiating team who are required to attend a "meet and
confer session" during on duty hours will be given one hour of release time before
and one hour of release time after each session. This release time does not have to
be used immediately before or after each session. Members of the Local 715
negotiating team, with their supervisor's approval, may schedule an equivalent
amount of release time at times other than before or after a negotiations session.
B. Union Dues
The City will authorize payroll deductions for Local 715 subject to the conditions
listed in Personnel Rules and Regulations Section 19.6 as follows:
19.6 Payroll Deductions - Employee Organizations: The City will authorize a
payroll deduction for City employee organizations subject to the following
conditions:
a. That the employee organization IS formally recognized as a majority
representative.
b. That the formally recognized employee organization submit to the City a
certified list of membership upon acceptance as a majority representative.
c. That the request for payroll deduction be on an individual, voluntary basis in
writing on a standard payroll deduction form approved by the Municipal
Employee Relations Officer.
d. That any reasonable fee charged the City for payroll deduction activity may
be assessed to the employee organization.
e. The City's responsibility to properly disburse funds withheld shall be limited
to the issuance of a check to the organization involved, for the total amount
withheld for a particular organization each pay period. The check so issued
shall be accompanied by a detailed listing of the empfoyees involved,
including the amounts withheld. The City shall be notified of the proper
payee indicating the individual and address to whom the check is to be
delivered.
III. COMPENSATION ADJUSTMENTS
A. Effective July 1, 1996, the salaries of all classifications represented by the Local 715
shall be increased by three percent (3 % ). (See Appendix A)
B. Effective July 14, 1997, the salaries of all classifications represented by Local 715
shall be increased by three percent (3 %). (See Appendix B)
Local 715
Page 4
IV. OTHER PROVISIONS
A. Benefit Cost Adjustments
July 1. 1996
The City will be responsible for any increase to the PERS employer
contribution rate.
The City will continue to provide $63.67 per month per employee for the City's
current dental coverage. In addition, the City will add orthodontics coverage
effective September, 1996.
The City will continue to provide $7.40 per month per employee for the current level
of life insurance.
The City will continue the existing contribution of $6.75 per month for the Employee
Assistance Program.
The City will continue to contribute $40.50 per month per employee for Long Term
Disability Insurance. The maximum benefit is $2,000 per month.
July 1. 1997
The City will be responsible for any increase to the PERS employer contribution
rate.
The City will increase the dental insurance benefit from $1,000.00 per year per
covered individual to $1,500.00 per year per covered individual.
The City will be responsible for any increase in life insurance costs.
The City will be responsible for any increase in Employee Assistance Program costs.
The City will be responsible for any increase in Long Term Disability Insurance
costs.
B. Health Insurance Benefit Program
Effective July, 199f', the City will continue to provide a maximum of $410 per
month for health insurance. Any unused portion of the health insurance allotment
will be rebated to the employee, up to a maximum of $100 per month. (See
Appendix C)
Effective July, 1997, the City will provide a maximum of $430 per month for health
insurance. Any unused portion will be rebated to the employee, up to a maximum
of $100 per month.
Local 715
Page 5
IV. OTHER PROVISIONS (cont.)
c. Vision Plan
Effective September 1996, the City will provide $17.17 per month per Local 715
represented employee to Local 715 for purposes of providing a vision plan for Local
715 represented employees. The City will provide these funds in two installments,
to Local 715, as follows:
. By July 31, 1996, the City will provide $1,313.70 to provide six months (July
1 - December 31, 1996) of coverage for the fifteen represented employees of
Local 715. By January 31, 1997, the City will provide $1,545.30 to provide
six months (January 1 - June 30, 1997) of coverage for fifteen represented
employees of Local 715.
. By July 31, 1997, the City will provide $1,545.30 to provide six months (July
1997 - December 1997) of coverage. By January 31, 1998 the City will
provide $1,545.30 to provide six months (January 1998 - June 1998) of
coverage for represented employees.
. The City will not be responsible for administering the plan or providing any
information to Local 715 represented employees. Should any Local 715
represented employee terminate or a new Local 715 represented employee be
hired during the term of the MOD, the City will notify Local 715.
D. Retiree Medical Program
The City will continue the existing Retiree Medical Program, with the improved
benefit listed in #4 below, effective July 1997.
1. 25 years of service with the City of Campbell required to receive benefit.
2. Minimum retirement age of 50 and retired from City of Campbell.
3. Future retirees and prior retirees who meet specified criteria will be eligible
to receive benefits.
4. Payment for medical coverage for retiree only (not dependents) on a
reimbursement basis, to a maximum of $90 per month.
5. Employees who become Medicare eligible will no longer be eligible for
benefits.
6. Bills must be submitted to the City in January and July of each year for
reimbursement for the prior six months costs
Local 715
Page 6
IV. OTHER PROVISIONS (cont.)
E. Deferred Compensation
In recognition of Local 715's concern for future medical insurance costs of
prospective SEIU retirees, effective September 5, 1996, the City will contribute
$9.00 per pay period to Local 715 employees' ICMA Deferred Compensation
Accounts. Effective July 24, 1997, the City will increase the Deferred
Compensation contribution to $15 per pay period.
F. Uniform Allowance
Effective July 1, 1996, the City will continue to provide $500 per year for uniform
allowance for Police Records Specialists and the Police Records Supervisor.
G. Catastrophic Illness/Emergency Transfer of Sick Leave
Section 17.13 of the City's Personnel Rules and Regulations (Catastrophic
Illness/Emergency Transfer of Sick Leave - Employees Represented by Local 715)
continues during the term of this MOU as follows:
1. The membership of Local 715 must agree that each member will contribute
some amount of sick leave to a specific employee.
2. Sick leave will only be transferred in the case of very serious illness or injury,
and under emergency or unusual circumstances where an employee has
exhausted all leave time, including sick leave, vacation leave and
compensatory time and where circumstances have prevented the employee
from reasonable accumulating sufficient sick leave for the illness or injury.
3. Sick leave will only be transferred to cover the period from the exhaustion of
sick leave by the specified employee to a maximum of six months later than
the date of exhaustion of sick leave.
4. A request for emergency transfer of sick leave from members of Local 715
to an individual member of SEIU will include the names of Local 715
members and each of their requested sick leave donation amounts.
5. Any request for emergency transfer of sick leave will be submitted to the City
Manager who will make the final determination concerning the transfer of sick
leave.
6. Sick leave which is transferred to an individual member of Local 715 and is
used by that member will not be reimbursed to the members of Local 715.
Any sick leave to a member of Local 715 by other members of Local 715,
that is not needed, will be transferred back to the members who contributed
the sick leave hours in the same proportion as their contribution to the total
hours contributed.
Local 715
Page 7
IV. OTHER PROVISIONS (cont.)
H. Holiday PaY/Floating Holidays
The current holidays pay of 4.6% in lieu of pay, and the current Floating Holiday
allocation of sixteen (16) hours per calendar year will continue for the term of this
Memorandum of Understanding.
I. Compensatory Time Accrual Ceiling
Effective July, 1996, the City will increase the compensatory time accrual ceiling to
100 hours for employees represented by Local 715. The balance of section 16.23
of the Personnel Rules shall remain unchanged.
J. Section 17.10 Meal Reimbursement - Local 715 Represented Employees
The current meal reimbursement and provision will remain in effect for the term of
this MOU and reads as follows:
Employees represented by Local 715 will receive a meal allowance of $9.60
when required to work a shift extension of four (4) hours or more, excluding
employee requested shift trades. Payment will be made through the City
payroll system, following the appropriate entry on the employee's timecard.
K. 17.11 Working Out of Class Pay - Employees Represented by Local 715
Section 17.11 of the Personnel Rules and Regulations will remain unchanged and will
read:
Police Records Specialists performing communication dispatching duties will receive
$2.35 per hour for each majority of a one-hour period in excess of an initial one-
hour period in each working day. A Police Records Specialist assigned court liaison
duties for four hours or more will receive $2.35 per hour for the working-in-higher-
class assignment. Routine pickup or delivery of materials from courts or District
Attorney's offices will not be considered court liaison duties. A Police Records
Specialist assigned to act as Police Records Supervisor and a Public Safety
Dispatcher assigned to act as Communications Supervisor for eight hour or more
will receive $2.35 per hour for the working-in-higher-class assignment. A Police
Records Supervisor or Communications Supervisor assigned as Acting Division
Supervisor will receive $2.35 per hour for the working in higher class assignment.
The working out of class assignment to court liaison duties or a supervisor position
will be made in writing.
L. 17.12 Trainer Pay - Police Records Specialists and Public Safety Dispatchers
Section 17.12 of the Personnel Rules and Regulations will remain unchanged and will
read:
Local 715
Page 8
IV. OTHER PROVISIONS(cont.)
Police Records Specialists and Public Safety Dispatchers will receive five
percent (5 %) differential pay when assigned by the Communications
Supervisor or Police Records Supervisor to train a new employee for a period
of time of at least 1 hour per occurrence. In order to qualify for this pay, the
trainer must complete all required training logs and evaluation forms as
designated by the Department. Police Records Specialists and Public Safety
Dispatchers will receive five percent (5 %) differential pay for the period of
time they are assigned to and actually engaged in developing training materials
or designing or coordinating a training program. A minimum of one hour per
occurrence must be spent in these activities to be eligible for Trainer Pay.
M. Tuition Reimbursement
Effective July, 1996, the current tuition reimbursement program will be modified to
increase the maximum fiscal year reimbursement to $625, per terms defined in
Section 18.3.A.l of the City's Personnel Rules and Regulations.
N. Council Agenda
The City shall provide to Local 715 City Council Agendas and City Council Agenda
Packets. One Agenda Packet will be mailed to Local 715 by the City Clerk's
office, together with the regular Agenda distribution.
O. Budget and Annual Report
The City will provide Local 715 a City Budget and Comprehensive Annual Financial
Report, beginning with the 1996-97 Budget and June 30, 1996 CAFR.
V. LEA VE PROVISIONS
A. Sick Leave
1. Sick Leave Accrual
Per the provisions of Section 16.6 of the City's Personnel Rules and Regulations,
for all employees who work 40 hours per week, sick leave shall be accrued at the
rate of 3.69 hours per pay period. Unused sick leave shall be accumulated at the
rate of 96 hours per year, to an unlimited total. For all employees, upon separation
from service with the City, sick leave and fraction accruals shall cease with the last
full pay period and shall not be accrued on fractions thereof. Sick Leave Accrual -
Permanent Part-time Employees: Permanent part-time employees shall earn sick
leave on a prorated basis, based on the earning rate of a full-time employee.
Local 715
Page 9
V. LEAVE PROVISIONS (cont.)
2. Use of Sick Leave
Per the provisions of Personnel Rules and Regulations, Section 16.7, sick leave with
pay shall be granted to all probationary, provisional, permanent part-time and regular
full-time employees. Sick leave shall not be considered as a right that allows
employees its use at their discretion, but shall be allowed only in the case of
necessity and actual personal sickness or disability. The department head shall be
responsible for determining that only bona fide sick leave is taken. In order to
receive compensation while on sick leave, employees shall notify their immediate
superior or the Personnel Officer prior to or within 4 hours of the time set to begin
the workday or as may be specified by their respective department head. In order
to verify the bona fide use of sick leave, an employee may be required to file a
physician's certificate or personal affidavit with the department head stating the
reason for the absence.
3. Use of Familv Sick Leave
Per Personnel Rules and Regulations, Section 16.8, family sick leave is provided for
use in cases where the employee's presence is required elsewhere because of
sickness, disability, or death of a member of his/her immediate family. Such family
sick leave is charged against the employee's sick leave account. Employees working
a 40-hour workweek may charge up to a maximum of 64 hours to family sick leave
in each calendar year. The immediate family shall consist of the spouse, children,
parents, brothers, sisters, or other individuals whose relationship to the
employee is that of a dependent or near dependent. In each such case, the appointing
power shall grant such sick leave only when, in his/her opinion the relationship of
the sick or disabled person to the employee warrants such use of sick leave.
4. Compensation for Unused Sick Leave
Per Personnel Rules and Regulations, section 16.11, upon termination, retirement,
or death of an employee, the City shall pay for unused sick leave as follows:
5 years completed through 10 years completed service: 10% at terminal pay rate
Start of year 11 through completion of year 15:
20 % at terminal pay rate
Start of year 16 through completion of year 20 :
35 % at terminal pay rate
Start of year 21 and thereafter:
50 % at terminal pay rate
Local 715
Page 10
V. LEAVE PROVISIONS (cont.)
B. BEREAVEMENT LEAVE
Per Personnel Rules and Regulations, Section 16.9 bereavement leave with pay shall
be granted to all probationary, provisional, permanent part-time and regular full-time
employees. Bereavement leave will not be charged against the employee's sick leave
account. Employees working a 40-hour workweek shall be granted 24 hours for
each in-state occurrence and 40 hours for each out-of-state occurrence. The criteria
for the allowable family relationship to the employee shall be that utilized for family
sickness, plus employee's grandparents, step-children, father and mother-in-law.
C. VACATION
1. Purpose of Annual Vacation Leave
Per Personnel Rules and Regulations, Section 16.1, 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. Probationary employees who have served less than six months in the service
of the City. However, vacation credits for this period shall be granted to
each such employee who later received a permanent appointment.
b. Employees who work on a provisional basis, temporary basis, and all
employees who work less than 1040 hours a year.
2. Vacation Accrual Rates
Per Section 16.2 of the City's Personnel Rules and Regulations all employees in
miscellaneous, safety and permanent part-time positions shall earn vacation credits
as follows:
Hours Accrued
Per Pay Period
Years of Service
Start of year 1 through completion of year 4 11 days/3.38 hours per pay period
Start of year 5 through completion of year 16 days/4.92 hours per pay period
10
Start of year 11 through completion of year 19 days/5.85 hours per pay period
15
Start of year 16 and thereafter 21 days/6.46 hours per pay period
Local 715
Page 11
V. LEAVE PROVISIONS (cont.)
3. Use of Vacation
Per Personnel Rules and Regulations, Section 16.3, in order to be eligible for
full annual vacation, each employee shall be required to serve the equivalent of
one year 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, except in the case of probationary employees who
have served less than six months in the service of the City and are not eligible
to use vacation 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 Schedules and Retention of Unused Vacation
Per Section 16.4 of the City's Personnel Rules and Regulations, the times during
the calendar year at which an employee may take vacation shall be determined
by the department head with due regard for the wishes of the employee, and
particular regard for the need of the service. 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,
vacation as of December 31 each year may be retained as follows:
Accrual Rate
Number of Hours Retainable
3.38 hours
192 (24 days)
232 (29 days)
272 (34 days)
304 (38 days)
4.92 hours
5.85 hours
6.46 hours
Payout of hours which exceed the number of hours retainable on December 31 of
each year, will not exceed the number of hours of vacation time taken by the
employee during the preceding 12 months.
Local 715
Page 12
V. LEAVE PROVISIONS (cont.)
4. (cont.)
Hours in excess of the number of hours retainable which are not eligible for payout
may be carried over into the next calendar year and must be scheduled for use by the
employee prior to March 31 of that calendar year. Excess vacation hours which are
not used by the employee during that three month period will be scheduled as
mandatory vacation time off at a time to be determined by the department head.
5. Vacation Pay 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 Pay 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.
D. MILITARY LEAVE
Per Personnel Rules and Regulations Section 16.14, military leave shall be granted
in accordance with the provisions of State law. All employees entitled to military
leave shall give the appointing power an opportunity, within the limits of military
regulations, to determine when such leave shall be taken.
E. JURY DUTY
Per Personnel Rules and Regulations Section 16.18, an employee shall be given
necessary time off without loss of pay when performing jury duty, or performing
emergency civilian duty in connection with national defense. In the case of an
employee performing jury duty, all fees received for this duty shall be submitted to
the City. All per diem compensation shall be retained by the City. Mileage
allowance and any other special compensation which may be paid will be retained
by the employee. Fees paid for jury duty service on an employee's scheduled day
off will be returned to the employee. Employees shall receive no other compensation
from the City except their normal salary.
Local 715
Page 13
VI. PROBATIONARY PERIOD
A. 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.
B. Duration of Probationarv Period
The following classifications shall serve probationary periods as outlined below:
Police Records Specialists
Public Safety Dispatcher
Police Records Supervisor
Communications Supervisor
One year
One year
One year
One year
The appointing power may 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.
c. Rejection 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.
D. Reiection Followim! 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
if a vacancy exists, unless he/she is the subject of a disciplinary dismissal in the
manner provided in the Personnel Ordinance and the City's Personnel Rules and
Regulations. If the employee is rejected during the probationary period
following a promotional appointment, he/she is not the subject of a disciplinary
dismissal, and no vacancy exists in his/her former classification, his/her name
shall be placed on a re-employment list for his/her former classification in the
same manner as provided in the City's Personnel Rules and Regulations Section
13.3.G.
Local 715
Page 14
VII. GRIEVANCE PROCEDURES
1. Puroose of Grievance Procedures
a. To promote improved employer-employee relations by establishing
grievance procedures on matters for which appeal or hearing is not provided
by other regulations, Personnel Rules, or ordinances.
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 Local 715.
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.
c. 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 Steos
a. 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
Local 715
Page 15
3. Grievance Steps (cont.)
a. Step 1 (cont.)
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 3. b, Step 2) which shall contain the following information:
1. The name and job classification of the grievant.
2. Grievant's department and specific work site.
3. The name of the grievant's immediate supervisor.
4. A statement of the nature of the grievance including date and place of
occurrence.
5. The specific provision, or Personnel Rule Section alleged to have been
violated.
6. The remedies sought by the grievant.
7. 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.
8. The signature of the grievant.
9. The date of the execution of the grievance form.
The 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, the employee will be required to submit
a formal decision.
b. Step 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 this receipt. At the
discretion of the department head the grievance may be referred to a subordinate
manager above the level of the supervisor.
Local 715
Page 16
3. Grievance Steps (cont.)
c. 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.
d. 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 any 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 and 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. 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 limited, except by mutual
agreement.
4. General Conditions For All Grievances
a. Any time limit set forth above may be extended by written agreement between
the parties.
Local 715
Page 17
4. General Conditions For All Grievances (cont.)
b. 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.
c. 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.
d. The City Manager's Office shall serve as the central repository for all grievance
records.
e. The grievance procedure will be implemented as expeditiously as possible.
VII. RATIFICATION
This MOD is subject to ratification by a majority vote of the employee organization
represented herein within ten (10) days of execution by Local 715 and by approval of a
majority of the City Council of the City of Campbell within twenty (20) days of the date
of execution.
-l~
EXECUTED mIS ~ ~ DAY OF ::S-v l~. 1996 BY THE EMPLOYER-
EMPLOYEE REPRESENTATIVES, WHOSE SIGN TURES APPEAR BELOW, FOR
THEIR RESPECTIVE ORGANIZATION
CITY REPRESENTATIVES
LOCAL 715
w~
i!AW2EuJ!~~
~.~
CITY OF CAMPBELL
Appendix A
SEIU LOCAL 715 SALARY RANGES EFFECTIVE 7/1/96
CLASSIFICA TION
Police Rec. Spec.
Police Rec. Supvr.
Public Safety Disp.
Comms. Supvr.
RANGE #
1188
1428
1531
1825
A STEP
$ 2663.91
$ 3080.52
$ 3258.81
$ 3768.57
B STEP
2797.78
3235.92
3422.66
3957.45
C STEP
2938.34
3397.72
3593.34
4155.44
D STEP
3085.59
3568.03
3773. 12
4362.53
ESTEP
3239.53
3746.86
3962.00
4581.00
CITY OF CAMPBELL
Appendix B
SEIU LOCAL 715 SALARY RANGES EFFECTIVE 7/14/97
CLASSIFICA TION
Police Rec. Spec.
Police Rec. Supvr.
Public Safety Disp.
Comms. Supvr.
RANGE #
1234
1482
1587
1890
A STEP
$ 2743.83
$ 3172.93
$ 3356.58
$ 3881.63
8 STEP
2881.71
3333.00
3525.34
4076.18
C STEP
3026.49
3499.65
3701.14
4280.10
o STEP
3178.16
3675.07
3886.31
4493.40
ESTEP
3336.72
3859.27
4080.86
4718.43
APPENDIX C
s.c.c. PREFERRED 100 PLAN
7/96
SEm LOCAL 715
Type of
Coverage
Monthly
Premium
City Pays.
Monthly
Deduction
Monthly
Rebate ($1 00 Cap)
Self $278.13
$410.00
$100.00
Self and one or 466.60
more dependents
410.00
$56.60
LIFEGUARD
7/96
SEm LOCAL 715
Type of Monthly Monthly Monthly
Coverage Premium City Pays. Deduction Rebate ($100 Cap)
Self $186.87 $410.00 $100.00
Self and one 373.45 410.00 36.55
dependent
Self and more 498.50 410.00 $88.50
than one dep.
KAISER
7/96
SEIU LOCAL 715
Type of Monthly Monthly Monthly
Coverage Premium City Pays. Deduction Rebate ($100 Cap)
Self $157.51 $410.00 $100.00
Self and one 313.02 410.00 96.98
dependent
Self and more 415.67 410.00 $5.67
than one dep.
DATE: June 27, 1996
TO: SEIU Negotiating Committee
FROM: City Negotiating Committee
SUBJECT: Items Not Addressed in July 1996 MOU
In light of SEIU's concern that SEIU members be aware of the provisions of the
California Family Rights Act of 1 993 and the Federal Family and Medical Leave
Act of 1993, the following employee notices are provided as attachments to
this memo:
1. Notice - Family Care and Medical Leave (CFRA) and Pregnancy Leave
(This notice is provided periodically to all employees)
2. Your Rights Under the Family and Medical Leave Act of 1993
(This notice is posted on departmental bulletin boards).
CITY OF CAMPBELL
1995
.
NOTICE
FAMILY CARE AND MEDICAL LEAVE (CFRA LEAVE)
AND PREGNANCY DISABILITY LEAVE
Under the California Family Rights Act of 1993 (CFRA), if you
have more than 12 months of service with us and have worked at
least 1;250 hours in the 12-month period before the date you want
to begin your leave, you may have a right to an unpaid family
care or medical leave (CFRA leave). This leave may be up to 12
workweeks in a 12-month period for the birth, adoption, or foster
care placement of your child or for your own serious health
condition or that of your child, parent or spouse.
Even if you are not eligible for CFRA leave, if disabled by
pregnancy, childbirth or related medical conditions, you are
entitled to take a pregnancy disability leave of up to four
months, depending on your period(s) of actual disability. If you
are CFRA-eligible, you have certain rights to take BOTH a
pregnancy disability leave and a CFRA leave for reason of the
birth of your child. Both leaves contain a guarantee of
reinstatement to the same or to a comparable position at the end
of the leave, subject to any defense allowed under the law.
If possible, you must provide at least 30 days advance notice for
foreseeable events (such as the expected birth of a child ora
planned medical treatment for yourself or of a family member) .
For events which are unforeseeable, we need you to notify us, at
least verbally, as soon as you learn of the need for the leave.
Failure to comply with these notice rules is grounds for, and may
result in, deferral of the requested leave until you comply with
this notice policy.
We may require certification from your health care provider
before allowing you a leave for pregnancy or your own serious
health condition or certification from the health care provider
of your child, parent, or spouse who has a serious healrh
condition before allowing you a leave to take care of that family
member. When medically necessary, leave may be taken on an
intermittent or a reduced work schedule.
If you are taking a leave for the birth, adoption or foster care
placement of a child, the basic minimum duration of the leave is
two weeks and you must conclude the leave within one year of the
birth or placement for adoption or foster care.
Taking a family care or pregnancy disability leave may impact
certain of your benefits and your seniority date. If you want
more information regarding your eligibility for a leave and/or
the impact of the leave on your seniority and benefits, please
contact Personnel
Authority Cited: Government Code sections 12935, subd. (a).
Reference:
Government Code section 12940, subd. (i)i FMLA,
29 D.S.C. ~2601, et seg. and FMLA regulations,
29 CFR 825.
FMLA requires covered employers to provide up to
12 weeks of unpaid, job-protected leave to "eligible"
employees for certain family and medical reasons.
Employees are eligible if they have worked for a covered
, '
Reasons For Taking Leave:
Unpaid leave must be granted for any of the fonowing
reasons:
· to care for the employee's child after birth, or placement
for adoption or foster care;
· to care for the employee's spouse, son or daughter, or
parent, who has a serious health condition; or
· for a serious health condition that makes the employee
unable to perform the employee's job.
At the employee's or employer's option, certain kinds of
paid leave may be substituted for unpaid leave.
. .
Advance Notice and Medical
Certification: .
The employee may be required to provide advance leave
notice and medical certification. Taking of leave may be
denied if requirements are not met.
· The employee ordinarily must provide 30 days advance
notice when the leave is "foreseeable."
· An employer may require medical certification to support
a request for leave because of a serious health condition,
and may require second or third opinions (at the
employer's expense) and a fitness for duty report to
return to work.
Job Benefits and Protection:
· For the duration of FMLA leave, the employer must
maintain the employee's health coverage under any
"group health plan."
~ U.S. Department of Labor
~ Employment Standards Administration
~ Wage and Hour Division
Washington, D.C. 20210
employer for at least one year, and for 1,250 hours over
the previous 12 months, and if there are at least 50
employees within 75 miles.
· Upon return from FMLA leave, most employees must be
restored to their original or equivalent positions with
equivalent pay, benefits, and other employment terms.
· The use of FMLA leave cannot result in the loss of any
employment benefit that accrued prior to the start of an
employee's leave.
Unlawful Acts By Employers:
FMLA makes it unlawful for any employer to:
· interfere with, restrain, or deny the exercise of any right
provided under FMLA:
· discharge or discriminate against any person for opposing
any practice made unlawful by FMLA or for
involvement in any proceeding under or relating
to FMLA.
Enforcement: . _ 0 ,
· The u.s. Department of Labor is authorized to
investigate and resolve complaints of violations.
· An eligible employee may bring a civil action against an
employer for violations.
FMLA does not affect any Federal or State law prohibiting
discrimination, or supersede any State or local law or
collective bargaining agreement which provides greater
family or medical leave rights.
.
For Additional Information:
Contact the nearest office of the Wage and Hour
Division, listed in most telephone directories under
U.S. Government, Department of Labor.
WH Publication 1420
June 1993
. us G.P.O.: 353-606