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CC Resolution 8565 RESOLUTION NO. 8565 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 Millmen and Industrial Carpenters, Local 262 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 does approve and ratify the Memorandum of Understanding attached hereto, and made a part hereof. PASSED AND ADOPTED this 2nd day of November, 1993, by the following roll call vote: AYES: Councilmembers: Burr, Watson, Ashworth, Conant NOES: Councilmembers: None ABSENT: Councilmembers: Dougherty APPROVED: '--/&~11 ~~d Barbara D. Conant, Mayor ATTEST: "7 Ii/ 7 j}J1'>1JL %~ Anne Bybee, Ity Clerk MEMORANDUM OF UNDERSTANDING ON WAGE, EMPWYEE BENEFITS, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT 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 "First Party," and the authorized representatives of the MILL MEN AND INDUSTRIAL CARPENTERS WCAL 262, hereinafter referred to as "Second Party. " STATE LAW COMPLIANCE This Memorandum of Understanding complies with the provisions of the State of California Public Employee 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. 1. GENERAL CONDITIONS A. Personnel Rules and Re~lations 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. B. TenDS of Understandine This Memorandum of Understanding embodies all modifications on salaries, hours, employee benefits, and other terms and conditions of employment, for a 12-month term beginning July 1, 1993, continuing through June 30, 1994, at which time the Memorandum of Understanding terminates. MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262 Page Two C. Existine 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. D. Represented Classifications Park Maintenance Lead Worker Street Maintenance Lead Worker Maintenance Worker II Park Maintenance Worker II Sweeper Operator Maintenace Worker I Park Maintenance Worker I Equipment Maintenance Supervisor Mechanic I Mechanic II Lighting & Traffic Signal Technician Senior Lighting & Traffic Signal Technician II. THEIR PROVISIONS A. Benefit Cost Adjustments The First Party will be responsible for any increase to the PERS employer contribution rate. The First Party will continue existing contributions for health, dental, life, EAP and LTD insurance programs. B. Unpaid Furloueh All employees represented by the Second Party will use thirty-two (32) hours of unpaid furlough during the term of this Memorandum of Understanding. Unpaid furlough will be scheduled by employees represented by the Second Party by making a request to the section supervisor for the desired hours off at least twenty-four hours in advance. A minimum of one (1) hour of unpaid furlough will be taken at anyone time. MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262 Page Three Employees represented by the Second Party who are listed on Exhibit A, attached, will use thirty-two hours of unpaid furlough between January I, 1994 and June 30, 1994. The compensation adjustment associated with the thirty-two hours of furlough used by the employees listed on Exhibit A will be made as follows. Seven two-hour deductions will be made to seven paychecks, beginning with the paycheck received January 13, 1994, through the paycheck received April 7, 1994. Six three-hour deductions will be made to six paychecks, beginning with the paycheck received April 21, 1994 and ending with the paycheck received June 30, 1994. Employees represented by the Second Party who are listed on Exhibit B, attached, will use thirty-two (32) hours of furlough, scheduled as detailed above between September 21, 1993 and June 30, 1994. These hours will be recorded on time sheets as unpaid furlough, when used. The salary associated with these furlough hours will be deducted from the employee's paycheck for the pay period in which the furlough hours were taken. Exhibit C, attached, details how the two different groups of employees (those listed on Exhibit A and those listed on Exhibit B) will record the usage of unpaid furlough on their time sheets. With the exception of callback of employees, the unpaid furlough hours will not be credited as part of the basic workweek for overtime purposes. C. .lob Description Study Committee A committee composed of representatives of departmental management and representatives of MIC will review and help develop Maintenance Worker I and Maintenance Worker II job descriptions that will be drafted by Personnel Services during 1993-94. The intent of these job descriptions will be to develop maintenance classifications that can be assigned to either street or parks maintenance and that will be used for future recruitments. D. Additional Meetine and Conferrine Should an M.O.U. with another bargaining unit contain a new or improved benefit for which there was no corresponding reduction in another benefit and for which Millmen and Industrial Carpenters members would be eligible, the City will meet and confer with MIC regarding an addendum to the M.O.D. between the City and MIC. MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262 Page Four III. MODIFICATIONS TO PERSONNEL RULES The following sections of the Personnel Rules and Regulations will be modified as follows: 1. Section 16.15 - Leave of Absence Without Pay In recognition of the California Family Rights Act of 1991 (Government Code Section 12945.2) and the Federal Family and Medical Leave Act of 1993, the following sentence will be added to Section 16.15 following subsection A: B. The City of Campbell will provide leaves of absence and comply with related leave provisions as mandated by State and Federal laws. 2. Section 19.0 - City Employee Oreanizations In recognition of the Americans with Disabilities Act and the City's responsibility under the Act to provide accommodations for individuals protected by the Act, the City proposes adding the following to Personnel Rules and Regulations Section 19: Section 19.7- General Provision Re!!ardin2 Americans with Disabilities Act: The Americans with Disability Act (ADA) requires all employers to make reasonable accommodations to known disabilities of a qualified applicant or employee who is able to perform the essential functions of the job. A. Because the Americans with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual case by case basis, specific provisions of the Personnel Rules and Regulations may need to be modified on a case by case basis in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, lay-off, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262 Page Five B. Employee organizations recognize that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. Appropriate employee organizations will be notified of requests for accommodation and proposed accommodations prior to implementation by the City. C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice nor shall it be cited or used as evidence of a past practice in the grievance procedure. 3. Section 16.4 Vacation Scheduline and Retention of Unused Vacation D. The number of hours of vacation retainable on December 31st of each year will be modified effective December 31, 1993, as follows: Accrual Rate Per Pay Period Number of Hours Retainable 3.38 hours 4.92 hours 5.85 hours 6.46 hours 192 - (no change) 232 - (no change) 272 - (+ 16 hours) 304 - (+24 hours) All other provisions of Section 16.4 will remain unchanged. 4. Section 16.22 Overtime: The following wording (in quotes) will be added to the end of Section 16.22.D of the Personnel Rules and Regulations: D. . . . . . 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 (CTO), 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. " MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 262 Page Six 5. Section 17.16 Standby Pay - Public Works Non Manaeement Maintenance. Mechanic and Traffic/Liehtine Personnel. All provisions of this section will remain unchanged, except that instead of three hours of straight time for every 24 hours of assignment or portion thereof, standby pay will be compensated at the rate of 4 hours of straight time. 6. Meal Reimbursement - Public Works Non Mana!!ement Maintenance. Mechanic and Traffic/Li!!htine Personnel: A section will be added to Section 17 to address meal reimbursement as follows: Employees will receive a $7.50 meal reimbursement when required by a supervisor to work a three 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. The meal reimbursement will be made through a standard petty cash disbursement from the City Clerk's Office during normal business hours. 7. Class B Drivers License - Public Works Non Mana!!ement Maintenance. Mechanic and Traffic/Liehtin!! Personnel: A provision will be added to Section 17 of the Personnel Rules and Regulations, as follows: For those employees required to maintain a Class B Drivers License, the City will reimburse the Department of Motor Vehicles fee charged to obtain or renew Class B Drivers Licenses. As an option to reimbursement, and when the employee allows sufficient advance time, employees may request a City check to be written to pay for the DMV fee, using the normal check request procedure. Special interim checks will not be written for this purpose. When employees obtain the health certification required for the Class B Drivers License from City authorized physicians, the City will pay the medical exam fee. The City will not pay that portion of the DMV fee that represents the standard (Class C) fee. IV. RETROACTIVITY This Memorandum of Understanding shall be made retroactive to the first day of the first pay period in July 1993. v. RATIFICATION This Memorandum of Understanding is subject to ratification by a majority vote of the employee organization represented herein with ten (10) days of execution by the Second Party and by approval of a majority of the City Council of Campbell within twenty (20) days of the date of execution. EXECUTED THIS DA Y OF , 1993, BY THE EMPLOYER-EMPLOYEE REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW, FOR THEIR RESPECTIVE ORGANIZATION. CIJZ' REPRESENTATIVES: /J It. ,4 MILLMEN AND INDUSTRIAL CARPENTERS: ~Pke1~ - (~~ 9~~= EXHmIT A Millmen and Industrial Carpenters, Local 262 July 1, 1993 - June 30, 1994 M.O.U. Employees using 32 hours of unpaid furlough between January 1, 1994 and June 30, 1994 and receiving recurring adjustments to paychecks. Michael Cuevas Charles Gallardo Bruce Johnson Daniel Nakagawa Tony Rucker EXHmIT B Millmen and Industrial Carpenters, Local 262 7/1/93 - 6/30/94 M.O.U. Employees using 32 hours of unpaid furlough between September 21, 1993 and June 30, 1994. Adjustments to salary will be made in the pay period unpaid furlough is taken. Ed Bour Bob Siudzinksi Al Morales Robert Long George Carrasco John Burke Vince Jimenez Rick Amaro Don Jurovich Zoltan Szucs Max Vicinenzo Pete Sedillo Chuck Stedman Ed Nunes Exhibit C Procedure for Recording Use of Unpaid Furlough Employees Who are Receivine Recurrine Deductions (from 1/13/94 to 6/30/94) and are Usine UnDaid Furloueh Between 1/1/94 and 6/30/94) Employees whose compensation is being adjusted in recurring increments in the thirteen paychecks between January 13, 1994 and June 30, 1994 will indicate on their timesheets, the acutal usage of furlough hours, when that usage occurs. The timesheet must reflect when the employee is here and when he is not. However, in order to avoid reducing the employees compensation a second time, when these employees use their furlough they will indicate (UF) as the leave code and indicate the hours taken as for example, (8). By placing this information on the timesheet in parenthesis. we will have the needed accurate record of attendance and avoid double counting the furlough deduction. Example: Fri Activity 15 (UF) (8) In the above example, the employee's time indicates that he was not at work on Friday the 15 because he was using his unpaid furlough time. However, the dollars for this employee are already being adjusted. By placing the information in parantheses, an additional 8 hours of salary will not be deducted. Employees Who are Usine Unpaid Furloueh Between September 21. 1993 and .Tune 30. 1994 and are Ravine the Deduction Made at the Time the Furloueh is Taken. When these employees use their unpaid furlough hours they will simply record UF on their timesheet as the leave code and indicate the number of hours taken on the day the hours were taken. Example: Fri Activity 15 UF 4 In this example, the 4 hours will be deducted from this pay period.