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HomeMy WebLinkAboutCC RESO 13,575RESOLUTION NO. 13,575 RESOLUTION APPROVING MEMORANDUM OF UNDER- STANDING WITH MUNICIPAL EMPLOYEES ASSOCIATION FOR THE PERIOD JULY 1, 1981 THROUGH JUNE 30, 1982 WHEREAS, the city through its designated represen- tatives has met and conferred with officers and representa- tives of the Municipal Employees Association of the City of National City, and WHEREAS, said meet and confer was accomplished pursuant to Section 3300 et. seq. of the California Govern- ment Code sometimes referred to as Meyers-Milias-Brown Act and, WHEREAS, a Memorandum of Understanding has been prepared setting forth the terms and conditions reached dur- ing said meet and confer sessions, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Memorandum of Under- standing with the National City Employees Association, a' copy of which is attached hereto and made a part hereof as though set forthin full, is hereby approved for the period July 1, 1981 through June 30, 1982. PASSED AND ADOPTED THE 16th day of June, 1981 A copy of said Memorandum of Understanding is on file inthe office of the city clerk for all particulars contained therein. ATTEST: CITY CLERK /11r-L1-€--- COPY #1 OF 5 MEMORANDUM OF UNDERSTANDING National City Municipal Employees Association City of National City July 1, 1981 - June 30, 1982 TABLE OF CONTENTS PAGE SIGNATURE PAGE 1 ARTICLE 1 IMPLEMENTATION 2 ARTICLE 2 HOLIDAYS 3 4 ARTICLE 3 LEAVE ELIGIBILITY AND PROCEDURE 5 ARTICLE 4 ANNUAL VACATION LEAVE . . 6 7 ARTICLE 5 MILITARY LEAVE 8 ARTICLE 6 MATERNITY LEAVE 9 ARTICLE 7 COURT LEAVE 10 ARTICLE B SICK LEAVE WITH PAY 11 13b ARTICLE 9 SPECIAL LEAVE WITH PAY 14 ARTICLE 10 THE COMPENSATION PLAN 15 16 ARTICLE 11 Y SALARY RATE 17 ARTICLE 12 REVISION OF THE COMPENSATION PLAN 18 ARTICLE 13 OVERTIME 19 19b ARTICLE 14 TUITION. REIMBURSEMENT . . . . . . . . . 20 ARTICLE 15 LONGEVITY PAY 21 ARTICLE 16 EMPLOYEE HEALTH INSURANCE . . . • . . . . . . 22 ARTICLE 17 EMPLOYEE AND DEPENDENT DENTAL INSURANCE 23 ARTICLE 18 EMPLOYEE LIFE INSURANCE 24 ARTICLE 19 DEPENDENTS MEDICAL INSURANCE 25 ARTICLE 20 PUBLIC EMPLOYEES- RETIREMENT SYSTEM . . . . . 26 ARTICLE 21 AGREEMENT, MODIFICATIONS, WAIVER .........27 ARTICLE 22 OBLIGATION TO SUPPORT 28 ARTICLE 23 PROVISIONS OF LAW 29 ARTICLE 24 MANAGEMENT RIGHTS 30 ARTICLE 25 EMPLOYEE RIGHTS 31 ARTICLE 26 SALARY AND SALARY SCHEDULE 32 - 32b ARTICLE 27 DEFINITIONS 33 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION FOR A ONE-YEAR PERIOD OF TIME (July 1, 1981 - June 30, 1982) WHEREAS, the representatives of the City Manager of the City of National City, acting for and on behalf of the City Council of the City of National City, have heretofore met and conferred with the National City Municipal Employees' Association, an organization rep- resenting employees of the City of National City, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California, and; WHEREAS, as a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by the National City Municipal Employees' Association; and said representatives of the City Manager and of the National City Muni- cipal Employees' Association do now jointly prepare a written Memo -randum of Understanding concerning said agreed terms and conditions of employment for presentation to the City Council of the City of National City for determination. City Manager i RONALD L. ALLAR Assistant City Manager BOB DAIZBY, President National City Municipal Employees Association OB COTTER, Vice Pr4ident National City Municipal Employees' Association 1 ARTICLE 1 IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly sub- mitted to the City Council of National City. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: A. The City Council acts, by majority vote, formally to approve and adopt said Memorandum. B. The City Council shall upon approval and adoption of said Memorandum act to appropriate the necessary funds required to implement the provisions of this Memorandum which require funding. C.. The City Council shall act in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this agreement. 2. ARTICLE 2 Section 1 Eligible employees covered by the Memorandum of Understanding shall be entitled, without loss of pay, to the holidays listed below: A. The following days shall be holidays with full pay: 1. New Year's Day 2. Lincoln's Birthday. 3. Washington's Birthday 4. Memorial Day 5. Independence Day 6. Labor Day T. Admission Day 8. Columbus Day 4. Veteran's Day 10. Thanksgiving Day 11. Day after -Thanksgiving l2. Christmas Day HOLIDAYS B. Of the above twelve (12) holidays, the following five (5) will be considered as "Floating Holidays". 1. Lincoln's Birthday 2. Washington's Birthday 3. Admission Day 4. -Columbus Day 5. Veteran's Day The floating holidays shall be used by the employee at the employee's direction, with the approval of the Department head as a holiday, and shall be used within the fiscal year earned. 3 Section 2 Appointed and Religious Holidays Every day appointed by the President of the United States or by the Governor of California for a public fast, thanksgiving or holiday, with the exception of Good Friday, shall be honored as an additional holiday. Employees may request time off to attend religious services or other religious activities on Good Friday or on other recognized religious holidays during the year; such time off shall be charged to the employees annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 3 Holidays Occurring on Normal Work Day, During Sick Leave or Annual Leave or on a Weekend In the event an employee is required to work on.a non -floating holi- day, which holiday falls on the employee's regular day off, hourly compensation shall be based on the overtime rate. If a non -floating holiday falls on the employee's regular day off and the employee is not required to work, such employee shall be granted equivalent com- pensatory time off as approved by the department head. When an employee is absent on annual leave, sick leave or compensating time off, a holiday immediately preceding, immediately following, or wholly within such leave periodshall be recorded as a holiday and not as a day of leave. If a holiday falls on Saturday, the preceding Friday will be observed as a. holiday. If the holiday falls on Sunday, the next following Monday will be observed as a holiday. 4 ARTICLE 3 LEAVE ELIGIBILITY AND PROCEDURE Section I Leave Categories Eligible employees shall be entitled to holidays and annual vacation, and shall be allowed sick, injury, emergency, and special leaves of absence. Section 2 Requests for Leave All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed forms, and, except as provided in the case of Compulsory Leave, Court Leave, and Special Meetings, must meet the approval of the department head. Section 3 Leave Approval Except in the case of sick, emergency, or military leave, the time during which any leave of, absence shall be taken by an employee shall be designated by the department head, and the request for such leave, signed by the employee and the department head, should be forwarded to the Personnel Office at least one week in advance of the beginning date of the leave requested. Section 4 Leave of Absence - Commencement and Termination Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause sha.11 cease to exist prior to the expiration of the period for which the leave is granted, such leave shall thereafter be invalid. Section 5 Leave of Absence - Failure to Report Leaves of absence shall be indicated on the payroll time sheets sub- mitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the. employee from City service and shall be considered, in effect, a resignation; provided, however, a department head may cancel such separation if circumstances warrant such cancellation (as deter- mined by the appointing authority). Section 6 Leaves of absence must contain a time certain for termination of the leave and the reason far granting the leave. A copy of a written order granting a leave of absence must be filed with the department head -and the Personnel Department. No post dated leave of any kind may be granted to any employee in the classified service. 5 ARTICLE 4 ANNUAL VACATION LEAVE Section 1 All employees shall be entitled to annual vacation leave with pay following, the completion of one full year's probationary service with the City. Section 2 Accrual. Rates All 40-hour per week employees shall be governed by the following vacation accrual rates: I through 5 year's service 6 through I5 year's service Over 1S year's service 6.67 hours per month 10.00 hours per month 13.33 hours per month Section 3 Maximum Vacation Accumulation Vacation schedules shall be arranged by the department head with particular regard to the needs of the City and, as far as possible-, with the wishes of the employee. 1. Vacation shall not be deemed authorized' until the employee's eligibility is verified by the Personnel Officer Z. If the requirements of the employee's services are such that the employee cannot take part or all of his annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. 3. An eligible employee may take earned vacation in any incre- ment of four (4) hours or more with the consent of the department head and the approval of the City Manager. Section 4 Vacation. Accumulation Aneligible employee may accumulate vacation to a maximum of two years - earned vacation time. Vacation leave is credited as earned and the amount of vacation;leave accumulated shall not exceed 2 years earnings on the employee's anniversary date. Section 5 Holidays Failing Within Vacation Period Except in the case of terminal vacation leave, paid holidays immediately preceding, immediately following or wholly within the vacation period shall not be regarded as part of the vacation. Section 6 Terminal Vacation Fay Uponterminationof employment for any cause, aneligible employee who 6 has completed at least one year of active service shall be entitled to pay in lieu for the number of accumulated vacation days credited to the employee's account under the provisions of this section. All vacation granted upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation pay". 7 ARTICLE 5 MILITARY LEAVE In addition to the leaves of absence provided in this article, City officers or employees who are also members of the armed services or militia or organized reserves of this State or Nation, shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veterans' Code of the State of California. (1) The term "military service" as used herein shall signify service on active duty with any branch of -service above mentioned., as well as training or education under the super- vision of the United States preliminary to induction into the military service. The terms "active service" or "active duty" shall include the period during which such officer or employee while in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause. (3) No employee serving under a permanent appointment in the Classified. Service shall be subjected by any person directly or indirectly by reason of his absence on military leave to any loss or diminution of vacation, holiday, insurance, pension, retirement, or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in Office or employment, re -appointment or re-employment. When military leave is granted to an employee in the Classi- fied Service pursuant to this section, the position held by suck employee shall be filled temporarily only during the employee's absence, except an the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay, upon return from such leave, provided the employee is still mentally and physically qualified to perform the duties of such position, and pro- vided said employee makes application for re-employment within ninety days after being relieved from such military service. (5) During absence on military leave, any employee in the Classi- fied Service who has been employed continuously by the City for a period of not less than one year prior to the date upon which.such absence begins, shall receive his regular salary for a period not to exceed thirty calendar days in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. (2) (¢) 8 ARTICLE 6 MATERNITY LEAVE An employee may utilize earned sick leave and/or vacation leave in con- junction with maternity leave. 9 ARTICLE 7 COURT LEAVE An employee who is required by court order to serve as a juror, or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation of proof of the period of said employee's required attendance to the department head and the Per- sonnel Officer. The employee shall receive full pay for the time he serves on court duty, provided the money received as a juror or witness is deposited with the Finance Department for credit to the proper fund. Request for such leave shall be made upon leave of absence forms. 10 ARTICLE 8 SICK LEAVE WITH PAY The intent of this article is to provide a continuity of full salary to those employees who are unable because of illness or injury to perform the duties of their positions or who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment, and to provide necessary time off from work for un- expected medical and dental care, subject to administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition Sick leave is the necessary absence from duty of an employee because of: (A) Illness, injury or exposure to a contagious disease suffered by an employee. (B) The serious disability of the employee while on a scheduled vacation. (C) The absence of an employee for authorized medical or dental care. Section 2 Sick Leave Accumulation (A) Each permanent or probationary employee covered by this Memorandum -of Understanding shall be entitled to accumulate sickleave at a rate of eight (8) hours per month. New employees shall accumulate sick leave for the first six (6) months of employment at the rate of sixteen (16) hours per month,er fraction thereof, then eight (8)'hours per month or fraction thereof thereafter in accordance with the pro -- visions of this Article. (B) Accumulated sick leave: Each permanent or probationary employee -covered by this Memorandum shall on July 1, 1979 be eligible to accumulate sickleave up to a maximum of 240 hours, (herein called "accumulative sick leave"). Sick leave accrual will be credited on the last day of each month up to the two- hundred forty (240) hour maximum limitation. (C) Frozen sick leave balance: Employees hired on or. before June'30, 1979 and who have an existing sick leave balance on June 30, 1979 will be "frozen" at their June 30, 1979 sick leave balance levels on July 1, 1979. (Herein called "frozen sick leave balance"). Section 3 Sick Leave Usage (A) Employees shall. first utilize accumulated sick leave pursuant to Section 1 herein. Frozen sick leave balance will only be authorizedfor use after accumulative sick leave credits are exhausted for those employees who have a frozen sick leave balance pursuant to Section 2 (C) herein. 11 (B) Upon reaching the maximum accumulated sick leave (240 hours) sick leave accrual will begin after the employee's balance falls below Z40 hours. Accrual will occur on the last day of the month in which the employees' balance falls below the 240 hour level. Said accrual will occur at the established rate as defined in Section 2(A). Section 4 Limitation on Time Chargeable to Sick Leave (A) No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: 1. Disability arising from any sickness or injury purposely self-inflicted or caused by any willful misconduct. 2. Sickness or disability sustained while on leave of absence other than his or her regular vacation. 3. No paid sick leave shall be granted in excess of the employee's sick leave credit. 4. An employee may be granted sick leave with pay only for injury, illness, or exposure to contagious disease which incapacitates the employee for work. (B) Absence that ischargeable to sick leave in accordancewith. this article shall be charged in the amount not smaller than one hour for the first hour of absence; thereafter, in incre- ments of not less than 15 minutes. Section S Sick Leave Compensation (A) In order to receive compensation while on sick leave, the employee shall notify: 1. The immediate supervisors or; 2.. The department head. or; 3. In the event of the unavailability of either, the senior representative available. Notification shall be made prior to or not later than the beginning of the work day/shift in the employee's respective department. (C) The department head may waive the above requirements if, in his opinion, an emergency or other exceptional circumstances so warrants. Computation of sick leave shall not include regular days off or holidays provided these are not in conflict with the estab- lished schedule within each department. 12 Section 6 Physician's Statement Required (A) When absence is for more than three (3) consecutive working days, the department head shall require the employee to fur- nish a certificate or statement from a regular licensed and practicing physician, at the employee's own expense, whose license will be honored by the County Health Officer, indi- cating the nature and duration of the employee's incapacity, or other adequate evidence if the employee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence. (B) The department head is responsible for sick leave during the first three days before the filing of a physician's certifi- cate is required. This responsibility may be implemented by a visitation or any other reasonable method deemed necessary by the department head. Sick leave with pay shall be auth- orized by the department head subject to verification of the employee's eligibility by the Personnel Officer. Section 7 Separation from City -Service All eligibility from sick leave with pay shall be cancelled upon separation of the employee from the City service, provided that if such separation is by lay-off his accumulated eligibility may be re- stored to him in whole or in part by the Civil Service Commission upon re-employment. Section 8 Illness During Vacation Leave An employee who becomes incapacitated for work due to his illness or injury for more than three consecutive calendar days while on paid vacation may substitute sick leave credits for vacation provided the employee's request for sick leave substitution is accompanied by a doctor's statement or other,evidence satisfactory. Section 9 Holidays During Sick Leave Paid holidays immediately preceding, immediately following, or wholly within the period for which sick leave is granted shall not be' regarded as part of such period of sick leave. Section I0 Sick Leave Payment Upon Retirement. (A) An employee hired on or before June 30, 1979 shall, upon formal retirement from the City under the Public Employees Retirement System, be paid for each day of unused sick leave or fraction thereof which has accrued to his credit up to and including his last day of work but not to exceed 45 days or 360 hours. An employee hired on or after July 1, 1979 shall not be eligible for sick leave payment upon retirement. 13 (B) Plus Equals For employees hired on or before June 30, 1979, sick leave payoff upon retirement shall be computed as follows: 1. Frozen sick leave balance upon date of retirement 2. Accumulative sick leave balances upon retirement 3. Sick leave payoff 4. However, in no event shall the payoff exceed 360 hours (45 days) or the frozen sick leave balance whichever is less. Section 11 Sick Leave Reporting for Payroll Purposes Reports of absences of employees must be made .to the City Manager at the same time the department head files his payroll report. The depart- ment head who failsto report the absence of an employee from duty and thus enables the employee to receive pay in excess of the amount to which he is legally entitled shall be held liable for the amount illegally paid. Section 12 'Evidence of Cause of Absence In all cases of absence- because of sickness or injury of the employee, or illness or death in the employee's family, the employee may be required to furnish to the appointing authority satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay_ Section 13 -Sick Leave Incentive.Pay (A) Employees using four (4) days of sick leave, or less, during the fiscal year may convert twenty-five percent (25%) of their remaining. yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and credited as accumulative sick leave for use when needed. (B) Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: Remaining Accumulative Sick Leave at End. of Fiscal Year 40-Hour Workweek 12 days (96 11 days (88 10 days (80 9 days (72 8 days (64 7 days (56 hours) hours) hours) hours) hours) hours -or less) (Example: Employee has 11 days, sick leave; therefore, 93 hours 23 hours of pay). Pay Incentive (25%) 40-Hour Workweek 3 days (24 hours) 2 days, 6 hours (22 2 days, 4 hours (20 2 days, 2lhours (18 2 days (16 hours) 0 days 5 hours x .25 = hours) hours) hours) remaining yearly 23.25 hours = 13a (C) Paid sick leave hours shall be subtracted from the employee's accumulative yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated per section 2(B). (Example: Employee uses 4 days Sick leave. He then receives pay for 2S% of remaining days, or 2 days. The 2 days are subtracted from his remaining yearly sick leave and the other 6 days are added to the employee's total accumulative sick leave balance). (D) Payment will be made during the month of July each year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (E) Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on the payroll June 30. Permanent employees who retire during the fiscal year will be compensated an a prorated basis subject to their formal retirement date. Payment will not be made to an employee who terminates during the fiscal year. (F) New employees who have accumulated in excess of 96 hours (12 days) will be limited to a maximum of three days (24 hours) incentive payoff pursuant to Sec. 13(B) herein regardless of their total accumulation. This subsection is not intended to limit the accrual of accumulative sick leave for first year employees. 13b ARTICLE 9 SPECIAL LEAVE WITH PAY Section 1 Intent The intent of this Article is to allow the limited use of sick leave credits by an employee who is confronted with serious emergency ill- ness, injury, or death in said employee's immediate family. (1) An employee who is eligible for sick leave with pay may be granted special emergency leave with pay by the appointing authority, to be charged.against.the employee's sick.leave eligibility. (2) The special leave is granted to enable the employee to care for immediate family members who are ill and require attend- ance or to enable the employee to discharge the customary obligations arising from a death in the immediate family.. Section 2 Special Leave Defined Special leave is defined as anything that cannot be anticipated or planned necessitating absence from duty of an employee because of emergency illness of a member of the immediate family requiring the attendance of the employee upon said family member until professional or other attendance can be obtained or the absence from duty of an employee because of the death of a member of the employee's immediate family. Immediate family is defined as those relatives living in the employee's household, parents -of the employee, children and foster children of .the employee not living in the household and parents of the employee's spouse in the event of death. Section 3 Limitation Special leave- with pay granted pursuant to this Article shall be limited to: twenty-four (24) hours per occurrance and to a maximum of twenty-four (24) hours annually. Special leave mustbe approved by the department head or his authorized designee. 14 ARTICLE 10 THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan of the City of National City has the following characteristics: (1) Each salary range consists of five steps. (2) The increase. from one step to the next step on each salary range is as indicated in the salary schedule. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's supervisor and department head, and all other pertinent evidence. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Section 2 Salary Steps The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth salary steps are incen- tive adjustments to encourage an. employee to continue to improve his or her work. There shall be a five (5) percent differential between each of the five steps, calcuiated.from the January, 1981 "A" step rate. 1. The first salary step is the minimum rate and will normally be the hiring rate. Appointment may be made to other than the normal entering salary step upon the recommendation of the departmenthead and upon the approval of the City Manager, when it is decided that such action is in the best interests of the City. 2. The second salary step: Six (6) months of satisfactory ser- vice normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 3 The third salary step: Twelve (12) months of satisfactory ser., vice at the second salary step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 15 4. The fourth salary step: Twelve (12) months of satisfactory service at the third step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. Employees hired prior to July 1,. 1981 require six (6) months of satisfactory service to become eligible for consideration. for this salary advancement. S. The fifth salary step: Twelve (12) months of satisfactory ser- vice.at ahe--fourthstep normally shall:make'anemployee:eljgible for consideration for this:salary;advancement.:_cThis:salary advancement -shall be -made only.if.recommended_-by. the-dep.artment he.ad.'and:.if approved by the City Manager. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to becomeeligible for consideration for this salary advancement. All rates shown,.and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the number of hours now regularly worked ineach class. Employees engaged for less than full time should be paid a proportionate part of these salaries, or by an hourly rate of pay that falls within these ranges. Each promotion shall carry with it a salary increase and the procedure covering the normal minimum hiring rate shall not necessarily apply. The provisions of this article are based upon the salary:schedules adopted and contained within this memorandum. 16 ARTICLE 11 "Y" RATE Step "Y" of the salary range for any class is hereby defined as any rate of pay in excess of step "E" of the range for the class. An employee shall be paid at Step "Y" solely under one of the following two conditions: (a) Upon the reduction of the maximum salary rate for a class, an employee having other than provisional status who imme- diately prior to such time was paid at a higher rate for such class than the new maximum rate shall in the absence of any contrary orders by the City Council for economy reasons, continue to be paid at the former rate. (b) Any employee who is reclassified from a class in which said employee has acquired permanent status to a class with a. lower .maximum rate of pay may at the discretion of the City Manager continue to receive the same rate of pay or may have said salary reduced. In the event of an increase in the salary rate applicable to a class, regardless of the method by which such increase is accomplished, any employee who immediately prior thereto has been paid at Step Y shall receive no increase unless the increased salary for employees at Step E for the class exceeds the salary already being paid to said employee in which case the employee shall be paid at Step E. 17 ARTICLE 12 REVISION OF THE COMPENSATION PLAN In the absence of any contrary orders by the City Council for reasons of economy, the following method shall be observed in determining the step at which each employee shall be paid beginning the effective date of a change of the maximum salary for said employees class of position: (a) If the maximum salary is raised, the step at which the employee will be paid shall not be affected thereby. (b) If the maximum salary is lowered, the employee shallbe paid at the rate in the new range which is the same as the rate at which he was paid in the former range. If the maximum rate of the new range is lower than the employeets salary in the former range, the employee may, pursuant to Article 11, be paidat the "Y" rate. 18 ARTICLE 13 QVERTIME Section 1 Standard Overtime (a) The smallest unit of time credited as overtime shall be one quarter hour. (b) Overtime worked that is less than one quarter hour shall be disregarded and not accumulated. (c) Overtime credit must be for work specifically ordered or approved by the department head or a designated representative. (d) If compensating time off cannot be granted, within the established workweek, paid compensation shall be granted in lieu thereof at the rate of time -and -one-half the employee's .regular salary. Section Z Standby Overtime - Street and Sewer Divisions (a) Street and sewer division employees in the following classifi cations are required to perform standby overtime: Equipment Operator I, Equipment Operator II, Maintenance Worker, Pump Maintenance Mechanic, Street Painter and Street Sweeper Operator. Individuals. assigned standby overtime are required to be avail- able at home after working hours where they can be reached by telephone. Individuals assigned standby have the responsibility of obtaining qualified relief in the event they cannot "standby". The relief must have the approval of the Street Supervisor or Sewer Supervisor, where applicable. (b) The following procedures shall apply to standby'overtime:. 1. Personnel going on vacation,, floating holiday or any other absence from work of their own request during scheduled standby will be responsible for providing their own qualified relief.. Z. Personnel incapacitated for scheduled standby, by sickness (or other absence not within their control) will not be required to provide their own relief. 3 All standby personnel will be placed on the emergency standby list, initially alphabetical. Standby week begins at 4:00 P.M. Tuesday and ends at. 7:30 A.M. the following Tuesday. On normal weekdays, a standby day is from 4:00 P..M. to 7:30 A.M. the following day. On weekends a standby day is from 7:30 A.M. until 7:30 A.M. the following day. On obser- ved holidays on which the Civic Center is closed, a standby day is from _7:30 A.M. until 7:30 A.M. the following day. 19 (c) Standby Pay 1. Fora normal work day shift, pay shall be one (1) hour. 2. For a normal weekend shift (Saturday or Sunday), pay shall be one and one-half (111) hours. This pay will include checking the sewage pumps as required without additional compensation. 3. For an observed holiday on which the Civic Center is closed, pay shall be two hours. (d) Call -Back Standby Overtime 1. An emergency field response by personnel in a standby status shall constitute "call-back" overtime. It will be paid for at the rate of one and one-half (111) times normal salary, with two hours being the minimum for any call back. Section 3 Standby Overtime - Equipment Maintenance Division (a) Equipment Maintenance Division employees with the classifi- cation of Equipment Maintenance Mechanic and Light Equipment Mechanic are required to perform weekend or holiday standby overtime. Individuals. on standby overtime are required to be available at home after regular working hours where they can be reached by phone to respond to requirements for emergency repairs. Individuals assigned standby have the responsibility of. obtaining qualified relief in the event they cannot "standby". The relief must, have the approval of the Equipment Maintenance Supervisor. (b) The following procedures shall apply to standby overtime' - Equipment Maintenance Division: 1. Personnel going on vacation, floating holiday or any other absence from work of their own request during scheduled standby will be responsible for providing their ownqualified relief. 2. Personnel incapacitated for scheduled standby, by sick- ness (or other absence not within their control) will not be required. -to provide their own relief. 3. All.standbc personnel will be placed on the emergency standby list, initially alphabetical. 4.. Standby for Equipment Maintenance Division personnel begins at 7:30 A.M. Saturday and ends at 7:30 A.M. Monday. I9a 5. Holiday standby consists of required standby on a Friday or Monday holiday when the Civic Center is closed. No scheduled standby is required for holidays occurring on Tuesday, Wednesday or Thursday. (c) Standby Pay 1. For a normal weekend standby, pay shall be one and one- half (1h) hours per day at regular rate. 2.. For an observed holiday on which the Civic Center is closed, standby pay shall be two (2) hours for that holiday. (d) Call -Back Standby Overtime i 1. Any actual response for emergency repairs shall con- stitute "call-back" overtime to be paid at the rate of one and one-half (1h) times normal pay. Two hours is the minimum for any call back. 19b ARTICLE 14 -TUITION REIMBURSEMENT The Tuition Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The Plan provides up to $250 per fiscal year and is open to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction related to the employees' employment with the City. The City Manager or his designate has the final authority on determining whether a course is job related. 3. The reimbursement may be used to cover the costs of tuition and books at accredited institutions of higher learning beyond the secondary school level. 4. The course must be passed with a grade of "C" or better. S.. The employee must show written documentation of the expendi- tures being claimed for reimbursement. 6. Tuition reimbursement is not to be confused with City -sponsored training programs which are not compensable under this program. Reimbursement under this Plan will be made upon completion of the coursework as per part Z,. above. 20 ARTICLE 15 LONGEVITY PAY In addition to other compensation paid for the services of employees, longevity pay shall be paid to employees of the City of National City on the following basis: (a) After five years of continuous and uninterrupted service the sum of $10.00 per month; (b) After ten years of continous and uninterrupted service the sum of $15.00 per month; (c) After fifteen years of continuous and uninterrupted service the sum of $20.00 per month; (d) After twenty years of continuous and uninterrupted service the sum of $25.00 per month;. (e) After twenty-five years of continuous and uninterrupted service the sum of $30.00 per month, which shall be the maximum payable. Vacations, sick. leave, military leave and absence authorized by the City Council of National City shall not be considered as interruption of service. In the event an employee ceases to be employed by National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expired and if said employee is subsequently re-employedby the City, said employee shall not be entitled to any longevity pay by reason of any prior employment. 21 ARTICLE 16 EMPLOYEE HEALTH INSURANCE Section 1 Health Coverage As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health insurance pro- gram. The benefits and limitations of the program are to be designed cooperatively by the Employee Association and insurance carrier. The Employee Association agrees to select and implement health ins- surance programs which meet the requirements of the Health Maintenance Act of 1973.• The City will provide up to $55.00 per month, per em- ployee to provide this benefit. In the event the cost of providing employee health insurance exceeds the established City contribution, the employee must pay the excess amount. Section 2 Health Plan Costs The City offers members of Municipal Employees' Association a choice of two health plans. Effective July 1, 1981, their costs are as follows: Employee Employee Employee + 1 dep. 2 + dep. Kaiser $48.ST $97.14 ? $137.91 Travelers , $39.00 $79.87 .! $109.47 per month per month 22 ARTICLE 17 EMPLOYEE AND DEPENDENT DENTAL INSURANCE As a benefit to all full time employees covered by this Memorandum of Understanding, the City will provide a group dental insurance plan. The program will be available for the employee and all dep- endents. The benefits and limitations of the Dental Insurance Pro- gram are to be designed cooperatively by the Employees Association and the insurance carrier. The City will provide up to $6.25 per month to cover the employee's cost of insurance under this plan. In the event the cost of providing Employee Dental Insurance exceeds the established City contribution, the employee must pay the excess amount. 2.3 ARTICLE 18 EMPLOYEE LIFE INSURANCE As a benefit to full time employees covered by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed co- operatively by the Employee Association and Insurance Carrier. The City will provide up to $3.45 per month, per employee to provide this benefit. In the event the cost of providing Employee Life Insurance exceeds the established City contribution, the employee must pay the excess amount. 24 ARTICLE 15 DEPENDENTS MEDICAL INSURANCE As a benefit to all full-time employees covered by this Memorandum of Understanding, the City will provide a dependent group insurance plan.. This benefits and limitations of the Dependents Medical Insurance program will be designed cooperatively by the Employees Association, insurance carrier and the City. 25 ARTICLE 20 PUBLIC EMPLOYEES RETIREMENT SYSTEM The employees of National City are members of the Public Employees Retirement System with the following options as defined in the California State Codes: TITLE CALIFORNIA GOVERNMENT CODE One Half Continuance Lump Sum 1957 Survivor Benefit 1959 Survivor Benefit Prior Service Benefit Current Service Benefit Ordinary Disability Formula 1.8% Minimum Guarantee Basic Formula 1/50 Credit for unused sick leave at time of retirement f 21263, 21367. 21365. 21380 2.0805, 20804, 21297 21258. 21251. 21263.1 51 5 - 88 20930 20930 1 13 20862.8 26 ARTICLE 21 AGREEMENT, MODIFICATION, WAIVER A. This memorandum sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any prior or existing understanding or agreements over these matters between parties, whether formal or informal, are hereby super- seded or terminated in their entirety. B. No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained here- in shall in any manner be binding upon the parties hereto unless made and executed in writing and affixed hereto by all parties and approved by the City Council. C. The waiver of any breach, term or condition of this memorandum by either party shall not constitute a precedent in the future enforcements of all of its terms and provisions. 27 ARTICLE 22 OBLIGATION TO SUPPORT The parties agree that subsequent to the execution of this Memorandum and during the period of time said Memorandum is pending before the City Council for action, neither the employee organization nor management, nor their authorized representatives, will appear before the City Council or meet individually or privately with said members of the City Council, to advocate any amendment, deletion or addition to the terms and conditions of this Memorandum. It is further understood that this article shall not preclude the parties from appearing before the City Council to advocate or urge the adoption and approval of this Memorandum in its entirety. 28 f" ARTICLE 23 PROVISIONS OF LAW This Memorandum is subject to all future and current applicable federal or state laws and regulations. If any part of the provisions of this Memorandum is in conflict with such applicable provisions of federal or state laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the Memorandum shall not be affected. 29 ARTICLE 24 MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the Public. Employer has and will continue to retain, regardless of the frequency of exercise, rights to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the Public Employer shall include, but not be limited to the right: to determine the mission of its constituent departments, commissions, boards; set standards of service: determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce reasonable dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; to modify shift work time of a classification or position, when such modification will aid the City in its delivery of services to the public; determine the content and intent of job classifications; approve or disapprove secondary employment held by departmental employees; determine methods of financing; determine style and/or types of City -issued wearing apparel, equipment or technology to be used; deter- mine and/or change the facilities, methods technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and Materials to be used in carrying out all City functions including, but not limited to the right to contract for or subcoatraet.any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish reasonable employee performance standards including, but not limited to, quality,'and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Those inherent managerial functions, prerogatives, and policymaking rights whether listed above or not which the Public Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance and arbitration procedures contained in the Civil Service Rules. 30 ARTICLE 25 EMPLOYEE RIGHTS Each individual employee shall have the following rights which he may exercise in accordance with law, the National City Civil Service Rules and applicable laws, ordinances, and rules and regulations: (1) The right to form, join, and participate in the activities of employee organizations of his own choosing for the purpose of representation on matters of his employee rela- tions with the City, or to refuse to join or participate in the activities of any employee organization. (2) The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of his department -head, his supervisor, other em- ployees, or employee organizations, with respect to his membership or non -membership in any employee organization or with respect to any lawful activity associated there- with which -is within the scope of representation. (3) The right to represent himself individually in his em- ployee relations with the City. Whenever a City employee desires to represent himself in consulting with City management during his regular hours of work, he shall first request and obtain from his department head permission to take time off to do so. 31 r , r ARTICLE 26 SALARY AND SALARY SCHEDULE Section 1 Salary Adjustments This Memorandum of Understanding provides between the parties as follows: Period July 1, 1981 through June 30, 1982 for a one-year agreement Salary Adjustment A salary increase of seven per- cent (7%) for each classifica- tion represented by the Association. 32 Section 2 Salaries CLASSIFICATION TITLE Assistant Civil Engineer Assistant Park Supervisor Assistant Planner Assistant Tree Trimmer Building Inspector Building/Land Use Technician Building Services Supervisor Building Trades Specialist Civil Engineering Technician I Civil Engineering Technician II Custodian Deputy City Clerk Environmental Planner RANGE 143 108 130 79 123 99 113 101 118 133 72 91 132 Equipment Maintenance Mechanic 111 Equipment Maintenance Supervisor 123 Equipment Operator I 94 Equipment Operator II 104 Fire Inspector Librarian Library Clerk Library Technician Light Equipment Mechanic Maintenance Carpenter Maintenance Electrician Maintenance Plumber 121 106 69 87 99 101 101 101 32a CLASSIFICATION TITLE RANGE Maintenance Worker 81 Park Caretaker I 76 Park. Caretaker II 84 Park Caretaker III 94 Park Supervisor 121 P.B.X. Operator 59 Personnel Clerk - 87 Police Clerk/Matron 84 Police Records Manager 121 Police Service Officer 60 Public Works Crew Chief 108 Public Works Supervisor . 123 Recreation Leader IV '81 Sanitation Pump Maintenance Mechanic 96 Secretary 87 Senior Account Clerk 87 Senior Building Inspector 133 Senior Engineering Aide 104 Senior Recreation Leader 94 Street Sweeper Operator 99 Supervising Custodian Traffic Devices Technician Traffic Painter Tree. Trimmer Typist Clerk I Typist Clerk II 32b 81 116 99 89 55 69 • f DEFINITIONS Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this article shall govern, the construction, meaning and application of words and phrases used in this Memorandum of Understnading. ACTIVE SERVICE - Shall mean actual time worked, holidays with pay, leaves of absence with pay, leaves of absence without pay not to exceed 14 calendar days annually, and leaves of absence without pay not to exceed one year for which Worknan's Compen- sation is paid. It shall: also include Saturdays and Sundays, or other regular days off which are immediately preceded or immediately followed by other time worked. ADVANCEMENT - Shall mean a salary increase within a range of compensation provided for each position, which is conditioned upon. a given min4rn,im term of meritorious service in the same position and which is made without examination. ANNIVERSARY DATE - Shall mean the date that the employee completes twelve calendar months of service. Under normal circumstances, when an employee receives a promotion to a new classification, the promotion date will become the new anniversary date for the employee. APPOINTING AUTHORITY Shall inean the City Council, the City Manager, and any other person or bodyto whom the power to appoint personnel to positions in the Classified Service may be delegated. CALENDAR YEAR - Shall mean a twelve month period beginning January 1 and ending December 31. CLASS - Shall mean a position or a group of positions sufficiently similar in respect to duties and responsibilities that the same title may reasonably and fairly be used to designate each position allocated to the class, that the same minimum qualifications may be required, and the same salary range may be made to apply with equity. CLASSIFIED SERVICE - Shall mean all Positions in the competitive service of. the City. of National City which are subject to the provisions. of the Civil Service. Ordinance No. 1076 creating the Civil Service System and the Rules of the Civil Servide Commission. COMPENSATION - Shall mean any salary, wage, fee, allowance or other emolument paid to an employee for performing the duties and exercising the. responsibilities of a position. - Pi 33 r COMPENSATION PLAN - Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE - Shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE - Shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a permanent basis, or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION - Shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same class. DEPARTMENT - Shall mean an administrative branch including a group of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the department head. EMPLOYEE Shall mean a person who is legally an incumbent of a position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his posi- tion. Employee shall include OFFICER. IMMEDIATE FAMILY - Those relatives living in the employee's household, parents of the employee, children or foster children of the employee not living in the household and parents of the employee's spouse in the event of death. INTERIM APPOINTMENT - Shall mean a short term appointment made from an eligible list. LAY-OFF - Shall mean the involuntary, nondisciplianary separation of an employee from a positionresulting from lack of work, lack of funds, or abolishment of a position. LEAVE - Shall mean an approved type:of absence from work as pro- vided for by these Rules. PERMANENT EMPLOYEE - Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT POSITION - Shall mean a specific office or classification, whether occupied or vacant, carrying responsibilities and calling for the performance of certain dutiesby one individual. 33.. a This position shall be included inthe Classified Service and may be either on a part time or full time basis. PERMANENT STATUS - Shall mean the satisfactory completion of one year of probationary service and continuing permanent ap- pointment. PERSONNEL OFFICER - Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employ- ment policy of the City subject to the direction of the.Commis- sion. POSITION - Shall mean any specific office or classification, whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one indi- vidual, either on a full time basis or part-time basis. PROBATIONARY PERIOD - Shall mean the working test period during which an employee is required to demonstrate his fitness by.the actual performance of the duties and responsibilities of his position and during which time he may beterminated without right of appeal to .the Civil Service Commission.. PROBATIONARY STATUS - Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER - Shall bean an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a person who possesses the minimum qualifications establish- ed for a particular class. and who has been appointed to a posi- tion in the class in the absence of available eligibles; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-employment list or an eligible list. 'SALARY RANGE - Shall mean one or more but commonly 5 specific pay rates having a percentage relationship to one another, as- signed to a class of positions as the compensation for the class. SALARY RATE - Shall mean a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a bi-weekly rate, or an hourly rate, asshown in the compensation plan of' the City. SALARY STEP - Shall mean the location of a salary rate within a salary range, as identified by a letter of the alphabet. 33 b /"'", TEMPORARY EMPLOYEE - Shall mean an position of a non -permanent nature WORE DAY - Shall mean an eight (8) employee appointed to a on a provisional basis. hour period. 33 e-