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CC Resolution 8700 RESOLUTION 8700 A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS FOR CLASSIFIED NON-MANAGEMENT EMPWYEFS REPRESENTED BY THE EMPWYEE ORGANIZATION ENUMERATED BEWW 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, as 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 Memorandum of Understanding attached hereto, and made a part hereof. PASSED AND ADOPTED, this 19th day of July, 1994, by the following roll call vote: AYES: Councilmembers: Conant, Dougherty, Burr NOES: Councilmembers: None ABSENT: Councilmembers: Ashworth, Watson APPROVED: ~ cn-s~~ Donald R. Burr Chairperson Pro Tern ATTEST: a~ Anne Bybee, Ity Clerk MEMORANDUM OF UNDERSTANDING ON WAGE, EMPWYEE BENEFITS, HOURS AND OTHER TERMS AND CONDffiONS OF EMPWYMENTS 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 Local 715. Service Employees International Union. 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 CONDffiONS A. Re.presentation 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 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. Local 715 Page 2 I. GENERAL CONDITIONS (cont.) 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, 1994 and ending June 30, 1996. D. Existinl: 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. 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 Orl:anizations: 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 thf' 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. , Local 715 Page 3 II. UNION SECURITY lcont.) B. Union Dues (cont.) 19.6 Payroll Deductions - Employee Organizations (cont.): 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 employees 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. m. COMPENSATION ADJUSTMENTS A. Effective the first day of the first pay period of July 1994, the salaries of all classifications represented by the Local 715 shall be increased by four percent (4%). B. Effective the first day of the first pay period of January, 1995, the following classifications shall receive a special salary adjustment of two percent (2.0%). . Public Safety Dispatcher . Communications Supervisor IV. OTHER PROVISIONS A. 2 % At 55 PERS Plan Modification Effective the first day of the first pay period of July, 1995, the City will provide the 2 % at 55 PERS plan, contingent upon a PERS employer rate additional cost of no more than four percent (4 % ). If the additional employer rate for 2% at 55 exceeds four percent (4%), the City makes the following compensation adjustment proposal: Effective the first day of the first pay period of July, 1995, salaries of all classifications represented by Local 715 shall be increased by an amount equal to one hundred percent (100%) of the increase in the San Francisco/Oakland/San Jose Urban Wage Earner and Clerical Worker Consumer Price Index for the one year period from May 1, 1994 through April 30, 1995, with a maximum salary increase of four percent (4%) and a minimum salary increase of two percent (2%). , Local 715 Page 4 IV. OTHER PROVISIONS (cont.) B. Benefit Cost Adjustments July 1. 1994 The City will be responsible for any increase to the PERS employer contribution rate, July 1, 1994. The City will contribute an additional $4.59 per month for dental coverage (current plan), bringing the monthly dental contribution to $58.06. The City will increase the contribution for life insurance to $8.00 per month. The City will continue the existing contribution or $6.55 per month for the Employee Assistance Program. The City will contribute an additional $12.00 for Long Term Disability Insurance and the maximum benefit will be increased from $1,333 per month to $2,000 per month. This increased benefit level will only be effective if all affected bargaining units accept the LID modification. July 1. 1995 The City will be responsible for any increase to the PERS employer contribution rate, except any employer contribution rate increase associated with the 2 % at 55 PERS plan that exceeds the maximum agreed upon increase specified in Section IV.A. of this M.O.U. The City will be responsible for any increase in dental insurance costs. 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 costs. The City will be responsible for any increase in the Vision Plan for Employee coverage (including the VDT provision). C. Health Insurance Benefit Program In the spirit of cost containment, effective August 1, 1994, the Lifeguard Insurance Plan will be changed from the current A/Rx4 plan to the AS/Rx5 plan. Effective August, 1994, the City proposes to provide a maximum of $390 per month for health insurance (increase of $30.10 per month). Any unused portion of the health insurance allotment will be rebated to the employee, up to a maximum of $100 per month. Local 715 Page 5 IV. OTHER PROVISIONS (cont.) C. Health Insurance Benefit Program (cont.) Effective July, 1995, the City proposes to provide a maximum of $410 per month for health insurance. Any unused portion of the insurance allotment will be rebated to the employee, up to a maximum of $100 per month. D. Vision Plan The City will provide $8.38 (an increase of $1.28) per month per Local 715 member to Local 715 for purposes of providing a vision plan for Local 715 members. The City will provide these funds in two installments, to Local 715, as follows: . By August 30, 1994, the City will provide $754.20 to provide six months (July 1 - December 31, 1994) of coverage for the fifteen members of Local 715. By January 31, 1995, the City will provide $754.20 to provide six months (January 1 - June 30, 1995) of coverage for fifteen Local 715 members. . The City will not be responsible for administering the plan or providing any information to Local 715 members. Should any Local 715 member terminate or a new Local 715 represented employee be hired during the term of the M.O.U., the City will notify Local 715. E. Retiree Medical Program The City will continue the existing Retiree Medical Program. The Retiree Medical Program is as follows: . 25 years of service with the City of Campbell required to receive benefit. . Minimum retirement age of 50 and retired from City of Campbell. . Future retirees and prior retirees who meet specified criteria will be eligible to receive benefits. . Payment for medical coverage for retiree only (not dependents) on a reimbursement basis, to a maximum of $75 per month. . Employees who become Medicare eligible will no longer be eligible for benefits. . 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.) F. Health Care Cost Containment Committee City representatives offer to participate in a committee made up of one representative each from SEIU Local 715; Campbell Municipal Employees Association; Millmen and Industrial Carpenters Union, Local 262; Campbell Peace Officers Association and Management Employees and Confidential Employees. The purpose of this committee would be to discuss health care benefit alternatives and cost effective means of providing health care coverage to City employees. City representatives will participate only if a representative from each bargaining unit participates on the committee. In the fall of 1995, City representatives will notify each bargaining unit to ask their interest in a health care committee as described above. If each bargaining unit agrees to participate, a health care cost containment committee will be formed. G. Uniform Allowance Effective July 1, 1994, the City will provide $500 per year for uniform allowance for Police Records Specialists and the Police Records Supervisor. H. Catastrophic TIlness/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, SEIU) continues during the term of this M.O.U. as follows: The emergency transfer of sick leave from members of SEIU to an individual member of SElU may be granted as follows: A. The membership of SEIU must agree that each member will contribute some amount of sick leave to a specific employee. B. 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 reasonably accumulating sufficient sick leave for the illness or injury. C. 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. D. A request for emergency transfer of sick leave from members of SEIU to an individual member of SEW will include the names of SEW members and each of their requested sick leave donation amounts. Local 715 Page 7 IV. OTHER PROVISIONS (cont.) H. Catastrophic TIlness/Emergency Transfer of Sick Leave ( cont.) E. Any request for emergency transfer of sick leave will be submitted to the City Manager who will make the [mal determination concerning the transfer of sick leave. F. Sick leave which is transferred to an individual member of SEIU and is used by that member will not be reimbursed to the members of SEIU. Any sick leave transferred to a member of SEIU by other members of SEIU, 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. I. Sick Leave Accrual Employees represented by Local 715 shall accrue sick leave at the rate of 3.69 hours per pay period per the provisions of Section 16.6 of the City's Personnel Rules and Regulations. J. Vacation Accrual Rates Section 16.2 of the City's Personnel Rules and Regulations will be modified to read: All employees in miscellaneous, safety and permanent part-time positions shall earn vacation credits as follows: Years of Service Hours accrued Per Pay Period 11 daysl3.38 hrs. per pay period 16 days/4.92 hrs. per pay period 19 days/5.85 hrs. per pay period 21 days/6.46 hrs. per pay period Start of year 1 through completion of year 4 Start of year 5 through completion of year 10 Start of year 11 through completion of year 15 Start of year 16 and thereafter I Local 715 Page 8 IV. OTHER PROVISIONS (cont.) K. Vacation Schedules and Retention of Unused Vacation Section 16.4 of the City's Personnel Rilles and Regulations shall remain unchanged and reads as follows: 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 3.38 hours 4.92 hours 5.85 hours 6.46 hours Number of Hours Retainable 192 (24 days) 232 (29 days) 272 (34 days) 304 (38 days) 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. 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. 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. L. Holiday Pay/Floating Holidays The current holiday pay of 4.6% in lieu pay, and the current Floating Holiday allocation of sixteen (16) hours per calendar year will continue for the term of this Memorandum of Understanding. Local 715 Page 9 IV. OTHER PROVISIONS (cont.) M. Compensatory Time Accrual Ceiling The compensatory time accrual ceiling shall remain 95 hours for employees represented by Local 715. Section 16.23 of the Personnel Rules shall remain unchanged. v. MODIFICATIONS TO PERSONNEL RULES AND REGULATIONS The following sections of the Personnel Rules and Regulations will be modified as follows: A. Section 17.10 Meal Reimbursement - SEIU Local 715 Represented Employees In compliance with Federal and California tax law, Section 17.10 will be modified to read 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." B. 17.11 Working Out of Class Pay - Employees Represented by SEIU Local 715 Section 17.11 of the Personnel Rules and Regulations will be modified to 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 hours 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. C. 17.12 Trainer Pay Di~atchers Police Records Specialists and Public Safety Section 17.12 of the Personnel Rules and Regulations will be modified to read as follows: · "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 Local 715 Page 10 v. MODIFICATIONS TO PERSONNEL RULES AND REGULATIONS (cont.) C. 17.12 Trainer Pay - Police Records Specialists and Public Safety Dispatchers (cont.) 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 a one hour per occurrence must be spent in these activities to be eligible for Trainer Pay. " VI. UNCHANGED PERSONNEL RULES AND REGULATIONS A. Tuition Reimbursement The current tuition reimbursement program will continue at a maximum fiscal year reimbursement of $575, per terms defined in Section 18.3.A.l of the City's Personnel Rules and Regulations. VII. RETROACTIVITY All proposals will be effective as indicated if agreement is reached by July 15, 1994. If agreement is not reached by July 15, 1994, compensation adjustments will not be effective until the first day of the first pay period after City Council ratification of an agreement. VIII. RATIFICATION This M.O.U. is subject to ratification by a majority vote of the employee organization represented herein within ten (10) days of execution by SEIU 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. EXECUTED THIS DAY OF , 1994 BY THE EMPWYER-EMPWYEE REPRFSENTATIVES, WHOSE SIGNATURES APPEAR BELOW, FOR THEIR RESPECTIVE ORGANIZATION CITY REPRESENTATIVES SEW LOCAL 715 REPRESENTATIVES - ~ ~ ~. CITY OF CAMPBELL MEMORANDUM - To: Local 715 Negotiating Committee Date: July 13, 1994 From: City Negotiating Committee Subject: Understanding on Certain Items Not Covered in July, 1994 M.O.U. Between the City and SEIU Local 715 ----------------------------------------------------------- Grievance Procedure In recognition of Local 715's concern that the City's grievance procedure be readily available to members represented by Local 715, attached is Section 20.0 of the Personnel Rules and Regulations. Security Issues Police Department management staff will continue to address parking lot security issues. Intent of City Re2ardin~ Personnel RuleslRegulations - Section 16.22 (Overtime) Modification 1993 The intent of the 1993 change to Section 16.22 of the City's Personnel Rules and Regulations was to bring consistency to the practice of employees flexing their work schedule at their option, during the forty hour week. If employees are called back to work or are directed to work a shift extension, the modification would not apply because the additional hours are at the specific request of the employer. Psycholo~cal Evaluation Required bv City If an employee represented by Local 715 is required by the Police Chief, or his or her designee to take a physical or psychological examination to determine his/her fitness for duty, the reason for that action will be provided to the employee, in writing, at the time he or she is required to take the physical or psychological exam. If an employee represented by Local 715 is required by the Police Chief or his/her designee to be evaluated by a doctor from Affiliated Psychologists, the City will authorize, with the employee's consent, Affiliated Psychologists to accept information about the employee from the employee's treating physician or therapist who is providing services to the employee for a related condition. Local 715 - Understanding on Certain Item Not Covered in July, 1994 M.O.U. Between the City and SEIU Local 715 July 13, 1994 Page 2 If an employee represented by SEIU Local 715 is put on leave pending a required exam and a finding by the City regarding appropriate leave category, the employee would be placed on paid administrative leave. City Representatives SEW Local 715 Representatives SECTION 20.0 GRIEVANCE PROCEDURES '.---- 20.1 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 employe. 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. 20.2 Definition. Scope and Right to File: A grievance is defined as any dispute involving the interpretation, application or alleged violation of: A. A current Memorandum of Understanding between the City and a recognized employee organization. B. The City's Personnel Rules and Regulations where the prOVision in dispute is within the scope of representation. 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. 20.3 Grievance Steps: 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 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 20.3.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. '------ -45- 20.3 (Continued) '--.-- 4. A statement of the nature of the grievance including date and place of occurrence. 5. The specific provision, policy or procedure 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. 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. 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 its receipt. At the discretion of the department head the grievance may be referred to a subordinate manager above the level of the supervisor. 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 ttme. .......... -46- 20.3 (Continued) '~ The third member and chairperson ef 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, ether than a State representative, chosen by the partiel Ihall be knowlldglable 1n public sector relations and may be chosen from any source reasonably likely to produce such an individual, including but not limited to a labor organization or management organization. Any costs incurred through the obtaining the services of the chairperson shall be equally shared between the city and the grievant or his/her employee organization. The Committee shall conduct a hearing on the grievance within thirty (30) calendar days from the date the grievance is filed at this step and shall render its decision within fifteen (15) working days from the conclusion of the hearing. The majority decision of the Committee shall be final and binding and shall only be subject to ratification by the City Council if said decision mandates an unbudgeted expenditure. 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. '-- 20.4 General Conditions for all Grievances: A. Any time limit set forth in paragraph 20.3 may be extended by written agreement between the parties. 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. "",,-_.- -47-