HomeMy WebLinkAboutReso 1987-13266 RESOLUTION NO. 13266
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM
OF UNDERSTANDING CONCERNING WAGES AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN
THE CITY OF CHULA VISTA AND THE CHULA VISTA
CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR
FISCAL YEAR 1987-88
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Management Negotiation Team representing
the City Manager of the City of Chula Vista, acting for and on
behalf of the City Council of the City of Chula Vista, have
heretofore met and conferred with the Chula Vista Chapter,
Western Council of Engineers, an organization representing
certain members of classified employees in the City ~of Chula
Vista, in accordance with the provisions of Section 3500 et seq.
of the Government Code of the State of California, and
WHEREAS, the Memorandum of Understanding jointly
prepared by said parties as a result of meeting and conferring in
pod faith has been presented to the City Council and is
ontained in Exhibit "A", attached hereto and incorporated herein
by reference as if set forth in full.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve and accept said Memo-
randum of Understanding as contained in Exhibit "A" for fiscal
year 1987-88.
Presented by
0110a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
-IULA VISTA, CALIFORNIA, this 1st day of October
87 , by the following vote, to-wit:
~'ES: Councilmembers Cox, McCandliss~ Malcolm, Nader
~YES: Counci 1 members NOne
BSTAIN: Counci lmembers None
BSENT: Counci lmembers Moore
Mayor la
TTEST __~ ~ ~
rk
TATE OF CALIFORNIA )
OUNTY OF SAN DIEGO ) ss.
ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
O HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION N0. 13266 ,and that the same has not been amended or repealed
ATED
City Clerk
crw OF
CHULA VISTA
:C-G60
~EMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF
PLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAPTER,
.ESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR 1986-87
1.O1 PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.04 W.C.E. RIGHTS
2.01 WAGES
2.02 OUT OF CLASS ASSIGNMENT
2.03 EXTRAORDINARY SERVICE
2.04 DEFERRED COMPENSATION
2.05 MILEAGE REIMBURSEMENT
2.06 WORKWEEK
2.07 OVERTIME
2.08 BILINGUAL PAY
2.09 EMPLOYEE BENEFITS
2.10 RETIREMENT
2.11 HOLIDAYS
2.12 VACATION AND SICK LEAVE
2.13 LEAVE OF ABSENCE
2.14 MILITARY LEAVE
2.15 JURY DUTY
2.16 CAREER ADVANCEMENT
2.17 LABOR MANAGEMENT COOPERATION
2.18 ACTING APPOINTMENTS
2.19 DRIVING ELIGIBILITY
2.20 SUBSTANCE/ALCOHOL ABUSE POLICY
3.01 PROHIBITED PRACTICES
3.02 GRIEVANCE PROCEDURE
3.03 TERM
3.04 FULL UNDERSTANDING, MODIFICATION, AND WAIVER
3.05 SAVINGS CLAUSE
--1.O1 PREAMBLE
i'his MOU is entered into by the City of Chula Vista, hereinafter referred to
as the "City," and ' the Chula Vista Chapter of the Western Council of
Engineers, hereinafter referred to as the "WCE."
1.02 RECOGNITION
The City recognizes the WCE as exclusive representative for the employees in
the City of Chula Vista that are employed in the following classifications:
Associate Traffic Engineer
Associate Civil Engineer
Assistant Civil Engineer
Junior Civil Engineer
Plan Checker
1.03 CITY RIGHTS
A. The WCE recognizes that the City has and will continue to retain
in all respects, whether exercised or not, the unilateral and
exclusive right, subject to this MOU, to operate, administer, and
manage its public services and its work force performing those
services.
B. The exclusive rights of the City shall include, but not be limited
to:
Determining the organization of City government and the
purpose and mission of its constituent agencies.
Setting standards of service to be offered to the public and,
through its management officials, to exercise control and
discretion over its organization and operations.
Establishing and effect administrative regulations and
employment rules consistent with law and the specific
provisions of this MOU.
Directing its employees.
Determining the City budget.
Taking disciplinary action.
Relieving employees from duty because of a lack of work or
for other legitimate reasons.
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Deten~ining the methods, means, and personnel by which the
City's services are to be provided, including the right to
schedule and assign work and overtime, and to otherwise act
in the interest of efficient service to the City.
Subcontracting out various services whether currently
performed by City workforce or not, when no eliminations of
current employees will result and management determines it is
in the public interest.
C. The exercise and retention of the City rights contained herein
does not preclude the employees and/or WCE from consulting about
the practical consequences that decisions on these matters may
have on wages, hours, and other terms and conditions of employment.
D. Nothing contained in this provision shall be deemed to supersede
the provisions of existing State law and the ordinances and rules
of the City which establish the Civil Service System.
1.04 WCE RIGHTS
WCE shall have the right to:
Be provided a reasonable amount of space on relevant City bulletin
boards for legitimate communications with members.
Be granted use of City facilities by the appropriate authority for
meetings composed of WCE members, provided such meetings are held
outside regularly scheduled working hours for the group which is
meeting, and provided space can be made available without
interfering with City needs. WCE agrees to provide proper advance
notice of such meetings and pay any contingent costs of security,
supervision, damage and clean-up.
Have their chief negotiator provided without charge a copy of the
FY 87-88 Memorandum of Understanding.
Be allowed reasonable access to employees of the unit at their
work locations during working hours for the purpose of consulting
with employees in the unit regarding the employer-employee
relationship, provided that I1) the work of the employee and the
service of the public are not unduly impaired, and (2) the
authorized representative shall have given advance notice to the
department head or his designated representative when contacting
departmental employees during the duty period of the employees.
The department head shall determine the appropriate time for such
access.
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Designate two (2) employees plus alternates who serve as official
representatives. Such persons shall be released from work,
without loss of compensation, when formally meeting and conferring
with management representatives on matters within the scope of
representation. One member shall also be released from work
without 1 os s of compensati on when meeting with management
representatives on matters pertaining to an allowable grievance
item.
Be provided, upon request, such literature and public documents as
may be necessary (i .e., City budget, Workers Compensation
benefits). A reasonable duplication charge may be made for items
not normally available for wide distribution.
The City of Chula Vista shall bill WCE $.18 per member per pay
period for the full costs incurred for dues deduction on behalf of
WCE.
2. O1 WAGES
A. Effective the payroll period commencing September 25, 1987, the
salary range for each represented classification shall be
increased by six percent (6%) and effective the payroll period
commencing January 1, 1988, the salary range for each represented
classification shall be increased by an additional three percent
(3%).
The pay range of each classification shall be as listed in the
"Salary Plan" attached hereto and made a part hereof.
B. Effective the first payroll period commencing July 1986 (July 4,
1986), the City shall pay seven percent (7%) of the employee's
contribution to PERS for classifications represented by WCE.
Assistant Civil Engineer shall receive five (5) percent additional
compensation for possession of a certificate of registration as a
professional civil engineer in the State of California.
C. All other payroll and wage changes, such as merit increases, shall
be made effective at the beginning of the regular pay period
closest to the date of change.
D. Distribution of paychecks shall be done only on regular paydays
except in an emergency, when employees may receive their check on
a day other than a regular payday if a memo is directed from the
Department Head to the Finance Officer justifying the request.
E. All classifications represented by WCE may receive a maximum of
two weeks vacation pay in advance. Vacation pay in advance will
be made on a regular payday provided the employee notifies the
Finance Department ten working days prior to the payday on which
payment i s desi red.
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F. Prior to March l, 1988~ a comparability study that compares actual
duties and responsibilities for the positions of Associate and
Assistant ,Civil Engineer and Plan Checker will be conducted. The
agencies to be used in the study will be the same as those used in
mid-management salary surveys.
2.02 OUT OF CLASS ASSIGNMENT
A. When, at the sole discretion of the City, an employee is assigned
by the City to perform the duties of a higher paid classification
for a period of ten (10) or more consecutive working days, such
employee shall receive the next higher step in pay range, or five
percent (5%) over the employee's wage rate, whichever is greater.
The effective date of said increase shall be the first working day
of the temporary appointment.
B. This provision is not applicable to situations deemed by the City
to be for training or educational purposes.
This provision does not apply if a unit member is given an acting appointment
to a position not represented by WCE. However, in the event a WCE member was
temporarily appointed to a middle management position, City policy concerning
middle management would apply.
2.03 EXTRAORDINARY SERVICE
~he City will offer a differential bonus of $250, $300, $400, $500 or $600 to
those E Step employees who qualify. Individual employees who believe that
they are eligible under Section A below for extraordinary service pay shall
initiate a formal memorandum to their division head stating their belief of
eligibility, outlining the facts that make them eligible, and indicating the
amount of, extraordinary service pay that they believe is appropriate. The
division head will review this memorandum and forward it with recommendation
to the department head not later than ten (lO) working days after receipt of
the memorandum. The department head will make a final recommendation (within
fifteen [15] working days) subject to the approval of the City Manager. The
extraordinary service pay shall be a one-time payment. WCE members may not
apply for extraordinary service pay more often than once in any three-month
period. Criteria for eligibility are as follows:
A. Eligibility shall be determined by one or more of the following
criteria:
1. The represented employee has performed outstanding work at
their current job classification level such as (but not
limited to):
(a) Volume and/or quality of work produced greatly exceeds
normal standards.
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(b) Completion of work resulting in tangible and significant
cost savings.
2. The ~epresented employee has completed or is currently
working on an assignment which calls for a substantial degree
of greater responsibility and/or professional expertise than
their current job classification requires and they are not
eligible or receiving out of class compensation.
3. The employee has developed an innovative program that will
provide substantial overall benefit or cost savings to the
department or City.
B. Implementation Procedures:
1. When a department head determines that an employee is
eligible to receive a differential bonus, it shall be their
responsibility to recommend the amount of the differential
and to forward their recommendation to the City Manager.
2. Differential salary bonuses shall be made the first pay
period after City Manager approval and will be paid as a
separate check and not added to normal pay.
C. Limitation
The total amount available for differential salary bonuses for
extraordinary service compensation shall not exceed 2.0% of the
gross salaries of all engineers covered by the Memorandum of
Understanding.
2.04 DEFERRED COMPENSATION
WCE members shall be eligible to participate in the City's approved Deferred
Compensation Plan.
WCE members have the option of placing a total of 7% of base salary into a
"deferred compensation" plan which is based upon the employee contribution to
the Public Employees' Retirement System.
2.05 MILEAGE REIMBURSEMENT
Employees in this unit shall be subject to the City's Mileage Reimbursement
Program when required to use their private automobile for authorized City
business.
26~ per mile - first 200 miles
24~ per mile - next 300 miles
22¢ per mile - over 500 miles
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~.06 WORK WEEK
ihe work week is a f~xed and regular recurring period of 168 consecutive
hours - 7 consecutive 24 hour periods. The usual work week in the City of
Chula Vista begins at 12:01 a.m. on Friday morning and ends at 12:01 a.m. the
following Friday morning.
2.07 OVERTIME
A. Definition - Whenever an employee is ordered to work more than 40
hours in a work week they shall be granted overtime pay at the
rate of l-l/2 times their Fair Labor Standards Act {FLSA) "Regular
Rate" or compensatory time off at 1-1/2 times the extra hours
worked. Such overtime work shall be only at the direction of and
first approved by the employee's immediate supervisor. Payment
for overtime shall be made during the pay period wherein the
overtime was earned. A record of compensatory overtime earned and
utilized shall be maintained on the biweekly pay records.
Compensatory overtime shall not be accrued to an employee's credit
for any time in excess of 40 hours. Reimbursement for overtime
with time off or pay will be at the option of the supervisor and
the department head based on the employee's request while
recognizing the overall departmental staffing requirements.
"Time Worked" - Includes all paid hours including sick leave,
leaves during which Workers' Compensation is paid, vacation time,
holidays or any other time away from the job that is paid.
B. Administration of Overtime - All time worked in addition to the
work week with the exception of insignificant amounts of "hours
worked" will be counted toward the 40 hour work week.
Insignificant amounts of hours worked is defined as any time
worked outside the regular schedule that is less than 15 minutes
in a day, unless definition is changed in Federal Regulations or
by court action.
2.08 BILINGUAL PAY
WCE members who upon recommendation of the department head, approval of the
Personnel Department and City Manager, and successful completion of a
Bilingual Performance Evaluation are required to continuously use their
bilingual skills in the performance of their duties, will receive $25 a month
in addition to their regular pay.
2.09 EMPLOYEE BENEFITS
A. Flexible Benefit Plan
1. Description of Program - Effective July 1, 1987, each
represented member will receive $3,033 during FY 1987-88 to
be used solely for approved employee benefits.
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2. Administration of Program
(a) From June 11 through June 30 of the fiscal year,
requests for reimbursement under the City's "Flexible
Benefit Plan" will be approved for "emergency" expenses
only. An emergency is defined as an unforeseen
occurrence or combination of circumstances which
necessitated immediate action. Requests for
reimbursements for purchases made by employees after
June ll for those items and services rendered which are
not of a routine nature, will be reviewed on an
individual basis by the Benefits Claims Clerk and
Director of Personnel to determine if an emergency
existed. Upon approval of emergency requests,
reimbursements will be granted.
Examples:
Emergency medical expenses not covered by insurance
for an illness that requires the services of a
doctor, clinic, or hospital including auxiliary
services (emergency transportation, lab tests,
prescriptions and so forth) will be covered.
Note: medical expenses incurred as a result of
accident are covered 100% by both insurance plans
and therefore not reimbursable through the
"Flexible Plan."
Emergency Vision Expenses-Repair of broken
eyeglasses or replacement of lost contact lenses
will be approved. (Not: routine eye exam, spare
glasses, etc.).
Emergency Dental Expenses-Reimbursements for
expenses associated with toothaches, broken teeth,
impacted wisdom teeth, root canals, etc. will be
covered. (Not: routine dental work done as a
result of an exam done after June 1.)
Non-medical items considered routine and not
covered include: conference expenses, books,
memberships, subscriptions, extra insurance (except
authorized payroll deductions).
Ib) Reimbursements shall be for a minimum of ~15 except
immediately prior to the end of the fiscal year.
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3. Content of Program - The Flexible Benefit Plan will consist
of one mandatory selection and additional optional selections.
(a) ~andatory Selection
Hospital, Medical and Life Benefits IEmployee)
Each represented employee must select one of the medical
plans offered by the City for health protection.
Employee coverage includes a $3,000 group term life
policy. In addition, the City will provide an
additional $7,000 group term life policy for each
represented employee for a total of $10,000.
(b) Optional Selections
(1) Hospital/Medical Care Benefits (Dependents)
A represented employee may select dependent
coverage under the approved health plans.
12) Reimbursable Programs
A represented employee may elect to receive
reimbursement for the following expenditures with
any balance left after the purchase of health
insurance for the employee and/or the employee and
dependents. The descriptions below are general in
nature. Eligible programs shall be the same as
those for the Mid-Management Group. Specific rules
for allowable reimbursements will be based on
applicable Internal Revenue Code IIRC) sections.
Vision, Dental and Medical
Each represented employee may apply any
remaining portion (after mandatory costs are
paid) to vision, dental and medical costs on a
reimbursement basis. Employees remain free to
be attended by professional eye, dental
personnel, or pharmacy of their own choosing.
Educational Assistance
Employees may select to receive reimbursement
for expenses incurred for education directly
related to career development. Allowable
expenses include tuition, fees, and similar
payments, books, supplies, and equipment.
Expenses not allowed for reimbursement include
tools or supplies which are retained by an
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employee after completion of a course of
instruction, or meals, lodging, or
transportation. Employees must obtain
approval of the department head and the
Director of Personnel prior to enrollment in
the desired course.
To receive funds in advance, employees must
read and sign the Advance Funds Request Form
available in the Personnel Department.
Physical Exam
Employees may select to receive reimbursement
for a voluntary physical exam from the
physician of their choice. IAllowability of
this option will be dependent upon IRC
approval.)
Supplemental Life Insurance
Each represented employee may purchase
additional group life insurance (in accordance
with IRC 279) in addition to the $10,000 group
term life insurance provided by the City under
Section 3(a) above.
Miscellaneous Categories
Employees may elect to apply any remaining
portion (after mandatory costs are paid)
towards deductible and out-of-pocket health
plan costs.
Child Care
Employees may receive reimbursement for child
care expenses incurred in order to allow the
employee to work for the City.
B. Additional Benefits
1. Long-Term Disability - The City agrees to contribute the
amount necessary to provide long-term disability protection
for each employee represented by WCE in accordance with the
following:
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The plan will include a thirty (30) day waiting period, a
maximum benefit of 60% of salary up to $2,500/month, and is
subject to the provisions of existing applicable insurance
and retirement plans.
2. Employees will be eligible to deposit a maximum of 20% of the
beginning flex plan balance into the deferred compensation
plan if the employee matches the deposit with a like
contribution from his/her paycheck. The allowability of this
provision is conditioned on approval by the IRS. If it is
disallowed by the IRS, the parties will reopen this portion
of the contract to discuss this issue.
3. Professional Enrichment A special fund of $825 will be
established for use by represented employees. From this pool
employees may request reimbursement for expenses associated
with professional development such as seminars, books,
professionally related dues, travel or lodging, etc. Such
expenses must be related to the employees' professional or
technical growth. The purpose of this special fund is to
reimburse employees for those types of expenses that are not
eligible for reimbursement under Educational Assistance.
Employees must receive approval from his/her department head
and Director of Personnel before funds may be claimed for
reimbursement out of the special fund. The maximum
reimbursement per employee is $350 for Fiscal Year 1987-88.
All funds will be paid out on a first come, first served
basis. Funds paid to the employee from the Professional
Enrichment special fund are reportable as part of gross
income to the employee.
WCE and City may agree to use up to one half these funds for
agreed upon classroom training,. organization development or
team building.
2.10 RETIREMENT
A. The City shall provide the 2% at 60 retirement for miscellaneous
employees as provided for under the Public Employees Retirement
System.
B. All refunds of employee contributions or additional costs of
employee retirement contributions mandated by the courts and/or
requested by PERS because of court decisions during the life of
the contract will be reimbursed to or paid by the employee.
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°.11 HOLIDAYS
A. Fixed Holidays - During the term of this agreement, the recognized
holidays are:
City Offices Closed
Independence Day July 3, 1987 07/03/87
Labor Day September 7, 1987 09/07/87
Thanksgiving Day November 26, 1987 11/26/87
Day after Thanksgiving November 27, 1987 11/27/87
Christmas December 25, 1987 12/25/87
New Year's Day January l, 1988 01/01/88
Memorial Day May 23, 1988 05/23/88
1. Holi day Pay - Employees shall receive eight {8) hours pay at
their regular hourly rate for each fixed holiday payable
during the pay period in which the regular holiday occurs.
2. For employees who work the traditional Monday through Friday
work week, overtime will be paid if the employee works on the
day City offices are closed to celebrate a fixed holiday.
3. If a fixed holiday falls on a Saturday, the preceding Friday
shall be observed as the holiday. If a fixed holiday falls
on a Sunday, the following Monday shall be observed as the
hol i day.
B. Floating Holidays:
1. Amount Effective the first pay period in July 1986,
employees shall be credited with thirty-two (32) hours
floating holiday time, eight hours each for: Lincoln's
Birthday, Washington's Birthday, Admission Day and Veteran's
Day. Employees may take floating holiday time at their
discretion with the approval of their department head.
2. Floating Holiday Use If an employee uses floating holiday
time before the holiday passes and subsequently leaves City
service, they will be charged for such time. If employees do
not use their floating holiday time before June 30 of the
fiscal year, they will lose such time. The smallest unit of
time chargeable to floating holiday time is one half hour.
2.12 VACATION AND SICK LEAVE
A. Definition For the purpose of this section, the following
definitions shall apply:
1. "Continuous Service" means City service uninterrupted by
separation.
2. "Intermittent service" means City service interrupted by
separation.
3. "Time worked" includes all paid time.
4. "Active service" includes time worked, leave of absence
without pay not to exceed 14 calendar days, and leave of
absence not to exceed one I1) year for which Workers
Compensation is paid.
B. Vacation
1. Vacation Accrual - Continuous service: Each employee paid at
a biweekly rate who has had continuous full-time active
service throughout the year previous to that in which the
vacation is requested shall be entitled to an annual vacation
with pay. The following provisions shall apply:
(a) Employees will accrue 10 working days during the first
year of service. This benefit will be accumulated at
the rate of 3.07 working hours for each full biweekly
pay period of service performed. Eligibility to apply
for accrued vacation will be effective on the employee's
six month anniversary date.
(b) Employees will accrue and be eligible to receive 10
working days annually Icumulative to a total leave
balance of 20 working days) during the second through
fourth year of service. This benefit will be
accumulated at the rate of 3.07 working hours for each
full biweekly pay period of service performed.
(c) Employees will accrue and be eligible to receive 15
working days annually (cumulative to a total leave
balance of 30 working days) during the fifth through
fifteenth year of service. The benefits will be
accumulated at the rate of 4.60 working hours for each
full biweekly pay period of service performed.
(d) Employees will accrue and be eligible to receive 20
working days annually (cumulative to a total leave
balance of 40 working days) during the sixteenth and
succeeding years of service. This benefit will be
accumulated at the rate of 6.14 working hours for each
full biweekly pay period of service performed.
Maximum Vacation Accrual At no time may an employee
have more than two years of vacation leave accumulated.
No credits shall be accrued above this limit and any
time in excess of the two-year limitation will be lost.
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(e) Vacation accrual rate changes will become effective at
the beginning of the pay period closest to the actual
,date of change.
2. Each part-time employee paid at a biweekly rate shall be
entitled to vacation with pay. The number of working days of
such vacation shall be computed on the basis set forth in
subsection (b), (c), or (d) and shall be in the proportion
that such part-time employment bears to full-time employment.
3. Employees separated from the City service, whether
voluntarily or involuntarily, shall be granted all of the
unused vacation to which they are entitled based upon
continuous service computed on the basis set forth in
subsections (b), (c) and (d). Where the total allowance ends
with a fraction of a day, the vacation shall be computed to
the nearest whole day, one-half day being computed to the
next whole day.
4. Vacation Use - Vacation leave balances shall be reduced for
actual time not worked to the nearest quarter hour for
reasons allowable under this section. Absence may not be
charged to vacation not already accumulated.
C. Sick Leave
1. Accumulated paid sick leave credit is to be used for the sole
purpose of protecting the employee's wages in the event
absence is made necessary because of disability due to injury
or illness of the employee or members of their immediate
family.
2. Sick Leave Accrual Computation of sick leave: Sick leave
with pay is cumulative at the rate of 3.68 working hours for
each biweekly pay period of service, 96 hours annually,
beginning at the time of full-time probationary employment.
A person who has held a position with temporary or interim
status and is appointed to a position with probationary
status, without a break in service, may have such time
credited to sick leave upon the recommendation of the
department head and Director of Personnel and with the
approval of the City Manager.
3. Maximum Sick Leave Accumulation - Unused sick leave may be
accumulated in an unlimited amount.
4. Sick Leave Use Sick leave balances shall be reduced for
actual time not worked to the nearest quarter hour for
reasons allowable under this section. Absence for illness
may not be charged to sick leave not already accumulated.
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5. Sick Leave Verification - The City may, in its discretion,
require a doctor's certificate and/or a personal sworn
affidavit verifying the nature, severity and cause of the
disabling injury or illness of the employee in order to
determine eligibility for sick leave. If an employee is to
be required to furnish a doctor's certificate, the employee
shall be notified by their surpervisor that a doctor's
certificate shall be required when the employee notifies the
City that they will be absent by reason of illness or
disability.
6. Bereavement Leave - When an employee with permanent status is
compelled to be absent from work because of the death of an
immediate family member, an immediate family member of the
employee's spouse, or any other person defined by the
Internal Revenue Service as a dependent, and after such
employee makes written request and receives written approval
from the department head, such employee may be allowed the
privilege to be absent from work with full pay up to three
(3) days, plus reasonable travel time. Travel time will be
actual time used not to exceed five (5) calendar days. Paid
leave of absence for family death shall be charged to sick
leave.
7. Sick Leave Reimbursement
la) WCE members employed on June 30, 1979, or before and
with five (5) or more years of service before separation
from the City shall be allowed to receive twenty-five
percent (25%) payment for up to 120 days of unused sick
leave upon honorable separation from the City and/or a
promotion to a position not represented by WCE. The
fifty percent (50%) survivor's benefit is also to be
made available to the represented unit. (WCE members
employed on June 30, 1979, or before and with five
or more years of service are not eligible for benefits
under Section 71b), (c), (d), le) and If) except for the
50% survivor's benefit.)
(b) WCE members employed after June 30, 1979, and using four
(4) days of sick leave or less during the fiscal year
shall have the option of converting twenty-five percent
(25%) of their remaining yearly sick leave pay. (The
provisions of Section 2.12.C.71a) shall not apply to WCE
members employed after June 30, 1979.)
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(c) Pay shall be computed based on the following schedule
and all computations shall be rounded to the nearest
Whole hour:
Remaining Yearly Sick Leave Pay Option (25%)
12 days 3 days
ll days 2 days, 6 hrs.
lO days 2 days, 4 hrs.
9 days 2 days, 2 hrs.
8 days 2 days
7 days or less 0
(d) If the pay option is selected, the paid sick leave hours
shal 1 be subtracted from the employee' s accumulated
yearly sick leave balance. The remaining sick leave
hours shall be carried over and accumulated. (Example:
Employee uses 4 days sick leave. They then elect to
receive pay for 25% of remaining days, or 2 days. The 2
days are subtracted from their remaining yearly sick
leave and the other 6 days are added to the employee's
accumulated sick leave balance. )
(e) Payment will be made during the month of July of each
year. Pay will be computed based on the employee's
salary step on June 30.
(f) Payment will be made only to members on the payroll
twelve consecutive months pri or to the payoff
calculation. Permanent employees who retire during the
fiscal year will be compensated under this plan based
upon their formal retirement date. Prorated payments
will not be made to employees who terminate during the
fiscal year. However, in the event of the death of an
individual while employed by the City, 50% of the
employee's unused, accumulated sick leave will be paid
to the appropriate beneficiary. (This section does not
apply to WCE members designated in Section 2.12.C.71a). )
2.13 LEAVE OF ABSENCE
Employees who are mentally or physically incapacitated to perform their
duties, or who desire to engage in a course of study that will, in the
judgment of the City, increase their usefulness on their return to the
classified service or who, for any reason considered to be in the best
interest of the City government by the appointing authority and the Director
of Personnel, desire to secure leave from their regular duties may, on written
request, subject to the recommendation of the Department Head and the Director
of Personnel, and with the approval of the City Manager, be granted leave of
absence without pay or benefits for a period not to exceed one year.
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~mployees asking for leave of absence without pay shall submit their request
n writing stating the reasons why, in their opinion, the request should be
granted, the date whe~ they desire the leave to begin, and the probable date
of their return. For each leave without pay, the Director of Personnel shall
determine whether the employee granted such leave shall be entitled to their
former position on their return from such leave or whether their name shall be
placed on the reinstatement list for the class as provided for in the Civil
Service rules. If a request for leave is denied, a copy of such request and
the reasons for denial shall be sent to the Civil Service Commission.
2.14 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of
applicable State and Federal laws (California Military and Veteran's Code).
2.15 JURY DUTY
Jury service or examination leave may be allowed for all full-time
probationary or permanent status employees who are required by Court Order to
attend Court as a prospective juror or serve as a juror upon immediate
presentation of written proof of the exact period of their required attendance
or service to the department head and the Director of Personnel.
The employee shall receive full pay during the period of such leave provided
the money, except mileage or subsistence allowance, which they receive as a
juror is deposited with the Director of Finance for credit to the proper fund.
2.16 CAREER ADVANCEMENT
The Junior Civil Engineer classification will be considered as career
advancement to the Assistant Civil Engineer level. Employees will not be
required to undergo a promotional exam but will qualify for certification upon
(1) fulfillment of a minimum of one year as a Junior Civil Engineer and (2}
forwarding of a positive recommendation by the relevant appointing authority.
Permanent employees who advance from the Junior Civil Engineer classification
to the Assistant Civil Engineer level shall not be subjected to an additional
probationary period.
2.17 LABOR-MANAGEMENT COOPERATION
During the term of this agreement the City agrees to explore ongoing
relationships with this unit beyond the traditional negotiation process. The
objective is to jointly develop and implement programs designed to improve
City operations and enhance employee satisfaction.
2.18 ACTING APPOINTMENTS
In the absence of an eligible list, upon the recommendation of the Department
Head and the Director of Personnel, and with approval of the City Manager, a
unit member may be appointed on an "acting" basis to a vacant position if
~e/she meets the desired qualifications. He/she shall receive a minimum
}mpensation equal to five percent (5%) over their current salary, or step A
of the new salary range, whichever is greater. The effective date of such
increase will be the first working day of the acting appointment. Employees
so appointed will maintain their status in their regular position and receive
earned salary increases if they would otherwise be eligible.
2.19 DRIVING ELIGIBILITY
Whenever an employee drives a vehicle for City business he or she shall have a
valid California Drivers License. In order to ascertain the validity of the
employee's licenses, employees must present their drivers license to their
supervisor upon request. The City reserves the right to check at any time
with the Department of Motor Vehicles to determine if the license is valid.
If an employee's drivers license is revoked, suspended or otherwise made
invalid, the employee must inform his or her supervisor. Failure to notify
the supervisor may result in immediate disciplinary action.
An employee who does not possess a valid California Drivers License will be
considered for a non-driving position, if one is available in the employee's
classification. The non-driving assignment will continue for a maximum of six
months if there is a reasonable expectation the employee will have a valid
California Drivers License at the expiration of that time. Extensions to the
six month limit will be considered on a case-by-case basis, however, in no
case shall an employee receive more than one non-driving assignment in any
three-year period. When no non-driving assignment is available, employees
must request a leave of absence without pay for six months or such time as
their license is once again valid, whichever is shorter.
In order to assure that non-driving assignments are provided on a fair and
equitable basis, the following procedures shall be observed:
1. Each department will determine whether or not it has any non-driving
assignments that can be filled by employees who would otherwise have
driving assignments.
2. Non-driving assignments will be given on a first come, first served
basis. For example, if two employees in a department have non-valid
drivers licenses and there is only one non-driving assignment, the first
employee who comes forward will be given the non-driving assignment.
The other employee may apply for a leave of absence as described above.
2.20 SUBSTANCE/ALCOHOL ABUSE PROGRAM
The City and WCE agree that the use and being under the influence of alcohol
and/or drugs on the job detrimentally affects the work performance, safety,
security, and public confidence of represented employees and the health and
welfare of the citizens of Chula Vista. The City and WCE agree to meet in an
effort to formulate a mutually agreeable substance/alcohol abuse program that
may include voluntary counseling under appropriate circumstances. It is
acknowledged that the program will utilize "probable cause" criteria as a
basis for substance testing.
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~'~thi ng in this provision shall be construed to limit or otherwise diminish
~y rights the City may have under existing law to require an employee to
submit to substance ,abuse testing nor shall it prohibit the City from
introducing a detection and substance abuse testing program to the extent
permitted by law if a mutually agreeable program cannot be developed.
3.01 PROHIBITED PRACTICES
A. WCE pledges it shall not cause, condone or counsel its unit
members or any of them to strike, fail to fully and faithfully
perform duties, slow down, disrupt, impede or otherwise impair the
normal functions and procedures of the City.
B. Should any unit employees during the term of this Memorandum of
Understanding breach the obligations of Paragraph I, the City
Manager or his designee shall immediately notify WCE that an
alleged prohibited action is in progress.
C. WCE shall forthwith, and in any event, within eight working hours
disavow said strike or other alleged prohibited action, shall
advise such members orally and in writing to immediately return to
work and/or cease the prohibited activity and provide the City
Manager with a copy of its advisement or, alternatively, accept
the responsibility for the strike or other prohibited activity.
D. If WCE disavows the prohibited activity and takes all positive
actions hereunder in good faith, the City shall not hold WCE
financially or otherwise responsible. The City may impose such
penalties or sanctions as the City may appropriately assess
against the participants.
E. Should WCE during the term of this Memorandum of Understanding
breach its obligations or any of them under this section, it is
agreed that the City shall pursue all legal and administrative
remedies available to the City that in its discretion it may elect
to pursue.
3.02 GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this
Memorandum of Understanding.
Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure
are to:
Resolve disputes arising from the interpretation, application or
enforcement of specific terms of this agreement.
(2) Encourage the settlement of disagreements informally at the
employee-supervisor level and provide an orderly procedure to
_ handle grievances through the several supervisory levels where
necessary.
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(3) Resolve grievances as quickly as possible and correct, if
possible, the causes of grievances thereby reducing the number of
grievances,and future similar disputes.
Section 2. DEFINITIONS. For the purpose of this grievance procedure the
following definitions shall apply:
(1) Manager: The City Manager or his/her authorized representative.
(2) Day: A calendar day, excluding Saturdays, Sundays and hard
holidays as described by this agreement.
(3) Department head or head of a department: The chief executive
officer of a department.
(4) Director of Personnel: The Director of Personnel or his/her
authorized representative.
(5) Employee: Any officer or regular Inot temporary) employee of the
City, except an elected official.
(6) Employee representative: An individual who speaks on behalf of
the employee.
Grievance: A complaint of an employee or group of employees
arising out of the application or interpretation of a specific
clause in this agreement.
(8) Immediate supervisor: The individual who assigns, reviews, or
directs the work of an employee.
(9) Superior: The individual to whom an immediate supervisor reports.
Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES.
(1) To be reviewable under this procedure a grievance must:
{a) Concern matters or incidents that have occurred in alleged
violation of a specific clause in this agreement; and
(b) Specify the relief sought, which relief must be within the
power of the City to grant in whole or in part.
(2) A grievance is not reviewable under this procedure if it is a
matter which:
la) Is subject to those reserved City Management Rights as
stipulated under Section 4 of the Employer-Employee Relations
Policy for the City of Chula Vista or under management rights
as specified in this agreement.
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(b) Is reviewable under some other administrative procedure
and/or rules of the Civil Service Commission such as:
1. ~pplications for changes in title, job classification or
salary.
2. Appeals from formal disciplinary proceeding.
3. Appeals arising out of Civil Service examinations.
4. Appeals from work performance evaluations.
5. Appeals that have Affirmative Action or civil rights
remedy.
(c) General complaints not directly related to specific clauses
of this agreement.
(d) Would require the modification of a policy established by the
City Council or by law.
(e) Relates to any City group insurance or retirement programs.
Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE.
(1) Grievances may be initiated only by the employee or employees
concerned and may not be pursued without his/her or their consent.
Procedure for Presentation. In presenting his/her grievance, the
employee shall follow the sequence and the procedure outlined in
Section 5.
(3) Prompt Presentation. The employee shall discuss his/her grievance
with his/her immediate supervisor within ten (lO) working days
after the act or omission of management causing the grievance, or
within ten (lO) working days of when the employee, with the
exercise of reasonable diligence, should have discovered the act
or omission being grieved.
(4) Prescribed Form. The written grievance shall be submitted on a
fon~ prescribed by the Director of Personnel for this purpose.
(5) Statement of Grievance. The grievance shall contain a statement
of:
(a) The specific situation, act or acts complained of as an
agreement violation;
(b) The inequity or damage suffered by the employee; and
Ic) The relief sought.
(6) Employee Representative. The employee may choose someone to
represent him/her at any step in the procedure. No person hearing
a grievance need recognize more than one representative for any
employee at any one time, unless he/she so desires.
(7) Handled During Working Hours. Whenever possible, grievances will
be handled during the regularly scheduled working hours of the
parties involved.
(8) Extension of Time. The time limits within which action must be
taken or a decision made as specified in this procedure may be
extended by mutual written consent of the parties involved. A
statement of the duration of such extension of time must be signed
by both parties involved at the step to be extended.
(9) Consolidation of Grievances. If the grievance involves a group of
employees or if a number of employees file separate grievances on
the same matter, the grievances shall, whenever possible, be
handled as a single grievance.
(10) Settlement. Any complaint shall be considered settled without
prejudice at the completion of any step if all parties are
satisfied or if neither party presents the matter to a higher
authority within the prescribed period of time.
(ll) Reprisal. The grievance procedure is intended to assure a
grieving employee the right to present his/her grievance without
fear of disciplinary action or reprisal by his/her supervisor,
superior or department head, provided he/she observes the
provisions of this grievance procedure.
(12) Back pay. The resolution of a grievance shall not include
provisions for back pay retroactive further than twenty (20)
working days prior to the date the grievance is filed. However,
if with the exercise of reasonable diligence the act or omission
being grieved was not discovered within 10 working days of its
occurrence, and the grievance is subsequently timely filed
pursuant to Section IV (3), then the resolution of the grievance
may include provision for back pay for a maximum period of one
year from the date the grievance was filed.
Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be
followed by an employee submitting a grievance pursuant to policy:
Step 1 Discussion with Supervisor. The employee shall discuss
his/her grievance with his/her immediate supervisor
informally. Within three (3) working days, the supervisor
shall give his/her decision to the employee orally.
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Step 2 Written Grievance to Superior. If the employee and
supervisor cannot reach an agreement as to a solution of the
grievance or the employee has not received a decision within
the three (3) working days' limit, the employee may within
seven (7) working days present his/her grievance in writing
to his/her supervisor who shall endorse his/her comments
thereon and present it to his/her superior within seven 17)
working days. The superior shall hear the grievance and give
his/her written decision to the employee within seven
working days after receiving the grievance.
Step 3 Grievance to Department Head. If the employee and superior
cannot reach an agreement as to a solution of the grievance
or the employee has not received a written decision within
the seven (7) working days' limit, the employee may within
seven {7) working days present his/her grievance in writi6g
to his/her department head. The department head shall hear
the grievance and give his/her written decision to the
employee within seven (7) working days after receiving the
grievance.
Step 4 Grievance to Director and Manager. If the grievance is not
settled at the department head level, it may be submitted by
WCE's Representative within twenty (20) working days to the
Personnel Director, who shall investigate and report his/her
findings and recommendations to the City Manager within ten
110) working days. The City Manager shall provide his/her
answer within ten (lO) working days. The times indicated may
be extended by mutual agreement. Any Employee grievance will
be filed with WCE's Representative at Step 4.
Following the submission of the City Manager's answer, and
before going to Section 6, Advisory Arbitration, matters
which are unresolved shall be discussed at a meeting between
the parties during which all pertinent facts and information
will be reviewed in an effort to resolve the matter through
conciliation.
Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been
resolved by the Grievance Procedure may be submitted to advisory arbitration
by WCE's Representative or the City without the consent of the other party
providing it is submitted within ten (10) working days, following its
termination in the Grievance Procedure. The requesting party will notify the
other party in writing of the matter to be arbitrated and the contract
provision(s) allegedly violated. Within five 15) working days of the receipt
of this notice, the parties may agree upon an arbitrator which can be a single
employee or group of three employees who have been trained in conducting
grievance hearings. If agreement on an arbitrator cannot be reached the
following procedure will be followed:
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1. The State Department of Industrial Relations shall be requested by
either or both parties to provide a panel of five arbitrators.
Both the qity and WCE shall have the right to strike two names
from the panel. The party requesting the arbitration shall strike
the first name; the other party shall then strike one name. The
process will be repeated and the remaining person shall be the
arbitrator.
2. The arbitrator shall hear the case within twenty (20) working days
after the arbitrator has been selected. The arbitrator may make a
written report of their findings to WCE and the City within
fifteen (15) working days after the hearing is concluded. The
arbitrator shall make rules of procedure. The decision of the
arbitrator shall be advisory to the City Manager who shall render
a final decision within ten (lO) working days.
The arbitrator shall have no authority to amend, alter or modify
this agreement or its terms and shall limit recommendations solely
to the interpretation and application of this agreement. The
above time limits of this provision may be extended by mutual
agreement.
3. Each grievance or dispute will be submitted to a separately
convened arbitration proceeding except when the City and WCE
mutually agree to have more than one grievance or dispute
submitted to the same arbitrator.
4. The City and WCE shall share the expense of arbitrators and
witnesses and shall share equally any other expenses, including
those of a stenographer, if required by either party. If either
party elects not to follow the advisory decision rendered by the
arbitrator, that party shall pay the entire cost of the
arbitration process, including the expense of the arbitrator,
witnesses and/or stenographer.
3.03 TERM
This Memorandum of Understanding shall remain in full force and effect from
July l, 1987 up to and including 12:00 midnight of June 30, 1988. This
agreement shall continue in effect year by year unless one of the parties
notifies the other in writing on or before March l, 1988, of their desire to
negotiate a successor agreement. Said notification may include written
proposals for such amended agreement and negotiations shall begin no later
than thirty {30) days prior to expiration of this agreement.
3.04 FULL UNDERSTANDING, MODIFICATION, WAIVER
A. This Memorandum of Understanding sets forth the full and entire
understanding of the parties regarding the matters set forth
herein. Any other prior or existing understanding or agreements
by the parties, whether formal or informal, regarding such matters
are hereby superseded or terminated in their entirety.
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B. Except as specifically provided herein, it is agreed and
understood that WCE voluntarily and unqualifiedly waives its right
to meet an~ confer with respect to any matter covered herein.
C. No agreement, alteration, understanding, variation, waiver, or
modification of any of the terms or provisions contained herein
shall in any way be binding upon the parties hereto unless made
and executed in writing by the parties hereto and, if required,
approved and implemented by the City Council.
D. The waiver of any breach, term, or condition of this Memorandum of
Understanding by either party shall not constitute a precedent in
the future enforcement of all its terms and provisions.
E. Except as specifically provided in this MOU, it is understood and
agreed that any benefits and/or working conditions within the
scope of representation published in the Civil Service Rules,
Salary Ordinance and other resolutions and ordinances that affect
benefits and/or working conditions presently in effect and not
modified by this MOU, shall remain unchanged unless and until the
City and WCE meet and confer in good faith pursuant to the
provisions of Section 3504.5 of the Government Code and the City
Employer-Employee Relations Policy concerning any such proposed
changes.
F. The provisions of paragraph E, above, shall not obligate either
party to meet and confer on any issue for the term of this MOU
except as provided herein.
3.05 SAVINGS CLAUSE
If any article or section of this Memorandum of Understanding shall be held
invalid by operation of law or by any tribunal or competent jurisdiction or if
compliance with or enforcement of any article or section shall be restrained
by such tribunal, the remainder of this agreement shall not be affected
thereby. The parties shall if possible meet and confer or meet and consult as
the case may be for the purpose of arriving at a mutually satisfactory
replacement for such article or section.
E. R. Asmus James L. Wright
Assistant City Manager Executive Director
Chief Negotiator Western Council of Engineers
City of Chula Vista
WPC 1791A
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