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HomeMy WebLinkAboutReso 1987-13178 Revised 7/39/87 RESOLUTION NO. 13178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDER- STANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEARS 1987-88 THROUGH 1989-90 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 Employees Association, 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 good faith has been presented to the City Council and is contained 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 years 1987-88 through 1989-90. Presented by Approved as to form by '~'~oss, ~l~YManager City Attorney 0111a ADOPTED AND AIDPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA. this 4rh day of 19 . 87 , by the following vole, to-wit: AYES: Councilmen: Moore~ Nader~ Mc~andliss NAYES: Councilmen: None ABSTAIN: Co6tcilmen: None ABSENT: Councilme.: Cox, Malcolm MAYOR PRO TEMPORE ATTEST~ ~ t STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chub Vista, Colifornia, DO HEREBY CERTIFY thor the obove ond foregoing is a full, true ond correct copy of RESOLUTZ0N N0. 13178 ,and thor the some hoe not been omended or repeoled. DATED  City Clerk CI'!Y OF CHULA VISTA CC-660 ~fpT MEMORANDUM OF UNDERSTANDING BE~EEN CITY OF CHULA VISTA AND CHULA VISTA EMPLOYEES ASSOCIATION FY 1987-90 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF ~!EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEARS 1987~88, 1988-89 AND 1989-90. 1. O1 PREAMBLE 1.02 RECOGNITION 1.03 CITY RIGHTS 1.04 CVEA RIGHTS 2.01 (A) WAGES 2.01 (B) ASSIGNMENT TO VACANT HIGHER POSITION 2.01 (C) DEEP CLASS 2oOl(D) JOB SHARING 2.02 SHIFT DIFFERENTIALS 2.03 PROTECTIVE CLOTHING AND TOOL ALLOWANCE 2.04 MILEAGE REIMBURSEMENT 2.05 WORK WEEK 2.06 OVERTIME 2o 07 CALL BACK 2.08 STANDBY 2.09 MODIFIED DUTY 2.10 BILINGUAL PAY 2°11 HEALTH AND WELFARE 2.12 RETIREMENT 2.13 HOLIDAYS 2.14 VACATION AND SICK LEAVE 2,15{A) LEAVE OF ABSENCE 2.15(B) MILITARY LEAVE 2.15{C) JURY DUTY 2.16 DEFERRED COMPENSATION 2.17 UNIFORMS 2.18 RECORD KEEPING 2.19 FITNESS 2.20 DRIVING ELIGIBILITY POLICY 2.21 SUBSTANCE ABUSE POLICY 2.22 CAREER ADVANCEMENT 3. O1 PROHIBITED PRACTICES 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING 3.03 GRIEVANCE PROCEDURE 3.04 LABOR MANAGEMENT COOPERATION 3.05 SAVINGS CLAUSE ARTICLE 1.01 PREAMBLE ~This Memorandum of Understanding is entered into by the City Manager of the City of Chula Vista, hereinafter referred to as "City," and the Chula Vista Employees Association, hereinafter referred to as "CVEA." ARTICLE 1o02 RECOGNITION The City recognizes CVEA as the exclusive representative for the employees in the City of Chula Vista who are employed in the following classifications: Accountant Account Clerk I Account Clerk II Administrative Aide Administrative Analyst I Administrative Analyst II Administrative Clerk Administrative Secretary Animal Control Officer Aquatic Coordinator Assistant Planner Associate Planner Building/Housing Inspector I Building/Housing Inspector II Business Office Manager Buyer Circulation Supervisor Clerk I Clerk II Communications Operator Community Development Specialist Community Service Officer Computer Operator Computer Programmer Computer Programmer/Operator Construction Specialist I Construction Specialist II Criminal Information Systems Specialist Custodian I Custodian II Data Entry Operator I Data Entry/Word Processing Operator Data Processing Operator I Data Processing Operator II Electronics Technician Engineering Aide Engineering Technician I Engineering Technician II Engineering Technician III -1- Equipment Mechanic I Equipment Mechanic II Equipment Operator Evidence Technician Fire Inspector Housing Rehabilitation Specialist Human Services Coordinator Junior Accountant Kennel Attendant Landscape Planner Lead Communications Operator Legal Secretary Librarian I Librarian II Library Assistant Library Clerk I Library Clerk II Library Technician Maintenance Gardener I Maintenance Gardener II Maintenance Gardener III Maintenance Worker I Maintenance Worker II Offset Duplicating Operator I Offset Duplicating Operator II Park Maintenance Supervisor I Park Ranger Parking Control Officer Parking Operations Officer Personnel/Benefits Claims Clerk Plan Checker Technician Planning Technician I Planning Technician II Planning Technician III Pool Manager Programmer/Analyst Property Clerk Public Works Supervisor I Pump Maintenance Mechanic Recreation Supervisor Revenue and Recovery Officer Risk Analyst Secretary I Secretary I I Secretary II (No Shorthand) Senior Account Clerk Senior Animal Control Officer Senior Electronics Technician Senior Equipment Mechanic Senior Lifeguard Senior Maintenance Worker Senior Pump Maintenance Mechanic -2- Senior Recreation Leader Senior Traffic Devices Technician Senior Tree Trimmer Shelving Supervisor Storekeeper Supervising Construction Specialist Supervising Custodian Supervising Evidence Technician Survey Party Chief Traffic Devices Helper Traffic Devices Technician Traffic Painter Transit Specialist Tree Trimmer Word Processing Operator Word Processing Supervisor Youth Counselor Zoning Enforcement Officer ARTICLE 1.03 CITY RIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of legislative or managerial policy. The exclusive rights of the City shall include, but not be limited to, the right to: Establish, plan for, and direct the work force toward the organizational goals of the City government. Determine the organization, and the merits, necessity, and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. Discipline or discharge employees. Determine the methods, means, numbers and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. Subcontract out various services currently performed by City work force when such actions will result in cost savings to the City. Effect a reduction in authorized positions. -3- Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City ordinances. ARTICLE 1.04 CVEA RIGHTS I. Authorized representatives of the CVEA may be allowed reasonable access to unit employees during working hours for the purpose of consul ting regarding the employer-employee relationship, provided that the work operation and service to the public are not impaired and the authorized representatives shall have given advance notice to, and been granted authorization by, the department head or his designated representative when contacting unit employees during the duty period of the employees. The department head or his designee shall determine the appropriate time for such access. II. The Association may be granted use of City facilities by the appropriate appointing authority for meetings composed of unit employees, 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 the City needs. III. A reasonable amount of space shall be provided to the Association on City bulletin boards for official CVEA communications with members. Copies of such communications shall be furnished to the Personnel Director's Office for review. IV. The City of Chula Vista shall bill CVEA 5.10 per member per pay period for the full costs incurred for dues deduction on behalf of CVEA. ARTICLE 2.01(A) WAGES I. WAGES All represented employees will receive the following wage increases: Year 1 Pay period beginning July 31, 1987 - 4% First pay period in January 1988 - 2% Year 2 First pay period in July 1988 - 3% First pay period in January 1989- 3% Year 3 First pay period in July 1989 - 3% First pay period in January 1990 - 3% -4- II. The City will continue to pay 7% toward the employee's portion of the PERS contribution. III. 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. IV. All classifications represented by CVEA 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 is desired. V. In addition to the increases referred to in I above, and based on several factors including comparison with other agencies, the following classifications shall receive salary adjustments as indicated below beginning July 31, 1987: CLASSIFICATION % OF SPECIAL INCREASE Administrative Secretary 4.0 Administrative Clerk 2.0 Clerk II 2.0 Communications Operator 1.5 Computer Operator 1.5 Criminal Information Systems Specialist 2.0 Data Entry/Word Processing Operator 2.0 Equipment Operator 1.8 Lead Communications Operator 1.5 Legal Secretary 2.0 Library Clerk II 2.0 Offset Duplicating Operator II 2.0 Personnel/Benefit Claims Clerk 2.0 Parking Control Officer 2.0 Parking Operations Officer 2.0 Park Maintenance Supervisor I 1.4 Public Works Supervisor I 1.4 Secretary II 4.0 Secretary II (No Shorthand) 4.0 Secretary I 2.0 Traffic Painter 1.4 Transit Specialist 2.0 Word Processing Operator 2.0 Word Processing Supervisor 4.0 -5- SPECIAL STUDIES A. During the first year of the agreement, the City agrees to conduct classification studies for implementation effective the first full pay period in July 1988. The City also agrees to conduct salary studies during the life of the agreement with results to be implemented in June 1989 and June 1990. The net costs of increased salaries resulting from such classification and salary studies, if any, will not exceed one-half of one percent of the total annual payroll of represented employees. 1. Classification studies: a) Parks and Public Works maintenance series including maintenance workers, construction specialists and equipment mechanics; b) Secretarial, criminal information and data processing support positions 2. Salary studies: a) The City and CVEA agree to annually discuss salary adjustments based on l~cal economic conditions, recruitment, retention, internal relationships and other local municipal and County MOUs for up to eight mutually agreed upon classes. In no case will there be salary adjustments for more than eight classes annually. VI. All other payroll and wage changes, such as merit increases, shall be made effective at the beginning of the regular pay period on or following the date of change. ARTICLE 2.01(B) ASSIGNMENT TO VACANT HIGHER POSITION Employees directed to continuously perform duties in a vacant higher level regular position for which funds have been appropriated, shall be entitled to excess of one hundred s 1 u n s specifically waived by the employee: provided, however: (a) The appointing authority certifies to the Personnel Director in writing at the time of appointment that the employee meets minimum qualifications and is assigned and held responsible to fully perform all of the duties normally associated with the higher level position without limitation as to difficulty or complexity of assignments or consequence of action and that the employee shall be required to meet standards for satisfactory performance normally required at the higher level position; and, -6- Ib) A written request for a salary rate increase to the higher level is directed to the Personnel Director for approval; such increase to the higher level shall be determined as if the assignment had been a promotion. It shall be the responsibility of the appointing authority to initiate such requests and to provide a copy of such request to the employee. Written requests may also be made by the employee or CVEA through the appointing authority in the same manner. Requests for a sala~ rate increase should be initiated during the first thirty (30) calendar days of such assignment. Requests for retroactive payment of a salary rate increase must be filed as soon as possible, but no later than one (1) calendar year after assignment of the higher level duties and must be approved by the Director of Personnel. Failure to meet this time limitation shall waive any and all rights to retroactive pay. The duration of such assignments to vacant higher positions shall not exceed one (1) calendar year. Appointments to regular positions of trainees or underfills are exempt from the provisions of this article. Further, this Article does not apply to a situation in which there is no vacant higher level position for which funds have been appropriated. Addition of duties of a higher level classification to any employee's regular position shall be governed by the Article, "Deep Class," or the Personnel Rule on Classification as appropriate. For purposes of this Article, a vacant position is defined as an authorized regular position for which funds have been appropriated and which may be: la) An unoccupied position due to attrition and for which the Civil Service examination process has been initiated; (b) A position from which the incumbent is on extended leave of absence; or, (c) A new position authorized by the City for which the Civil Service appointment process has been initiated. ARTICLE 2.011C) DEEP CLASS Deep class is a classification concept which allows for temporary increases in pay beyond that which is normally allowed, when duties performed support such additional pay for specific periods of time. Increases in pay may be granted to recognize the temporary assignment of more difficult duties requiring a greater level of skill(s). "Temporary assignment" shall mean a period of one (1) calendar year or less. Selected positions may be authorized for deep class compensation, rather than being permanently reclass~f~ed to a higher level and to allow for employee rotation to enhance upward mobility. Increases in pay shall be temporary so long as the higher level duties are assigned and performed. Such increases in pay shall not affect an employee's step advancement in the base range. -7- The amount of additional pay awarded will be determined by the appointing ~j~uthority, subject to review by the Personnel Director. After such review, the City Manager shall approve the amount of deep class compensation to be awarded. Such compensation shall be paid according to procedures approved by the City Manager. The provisions of this Article shall not be utilized to circumvent the provisions of, or provide additional compensation over and above, that which may be provided in the Article, "Assignment to Vacant Position." The Personnel Director shall advise the CVEA representative on the status and usage of this Article upon request. ARTICLE 2.01(D) JOB SHARING The City will make reasonable accommodation for an employee in a regular position who desires to share his/her job with another qualified employee or eligible person. Whenever possible, job sharing will be encouraged to minimize the impact of a layoff. Jobs may be shared on an hourly or daily basis. All 1 egally permissible benefits will be pro-rated. Each employee shall be notified in writing by the appointing authority at the time of the appointment and such notification will clearly define the benefits to which each employee is entitled. ARTICLE 2.02 SHIFT DIFFERENTIALS I. In addition to their regular salary, unit employees shall receive extra compensation per biweekly pay period under the conditions listed below. Such compensation shall be as follows: FY 1987-88 Up to $27.50 FY 1988-89 Up to $30.00 FY 1989-90 Up to $32.00 Under no circumstances shall an employee receive compensation for more than one of these conditions durin9 any one pay period: (A) When scheduled to work a majority of their shift after 5:00 p.m. or before 8:00 a.m. for a majority of a pay period. (B) When re9ularly scheduled daily work shifts are regularly split by two or more consecutive hours for a majority of a pay period. (C) When regularly scheduled shifts result in split weekend shifts which do not allow for two consecutive days off. II. A night shift differential shall not be paid for standby duty. III. Librarians shall not be eligible for any shift differential. -8- ARTICLE 2.03 PROTECTIVE CLOTHING AND TOOL ALLOWANCE I. Protective Clothing Protective clothing will be available for use to all employees where required by the City. II. Tool Allowance Employees in the classifications of Equipment Mechanic Equipment Mechanic II, and Senior Equipment Mechanic are eligible to receive reimbursement for initial purchase or replacement of approved tools up to an average of $135 per fiscal year per employee. To facilitate purchase and reimbursement, an approved list of tools shall be developed and maintained by the Equipment Maintenance Superintendent with input from affected employees. The approved list shall be posted on the department bulletin board. Employees must receive prior approval of the Equipment Maintenance Superintendent before making purchases of any tools not on the approved list. All tools purchased under this. provision become the sole property of the employee. It is understood the concept described here could result in one employee receiving more money than another, depending on need. However, no reimbursement shall be made to any employee over the average amount of $135.00 until after June 1 of any fiscal year to give all eligible employees an equal opportunity to purchase needed tool s. ARTICLE 2.04 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 ARTICLE 2.05 WORK WEEK I. General - The work week is a fixed 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. ARTICLE 2.06 OVERTIME I. Definition - Whenever an employee is ordered to work more than 40 hours in a work week they shall be granted overtime pay at rate of 1-1/2 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. II. 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. III. Meal Break - When employees are required to work over four hours overtime, they shall be granted a 1/2 hour unpaid meal break. ARTICLE 2.07 CALLBACK Whenever employees are called back to work after they have left their work site and are required to return to work before the scheduled start of the next shift, they will receive a $35 bonus in addition to actual overtime worked. However, the callback bonus will only apply when the employee has not been notified of the callback prior to leaving the worksite. ARTICLE 2.08 STANDBY I. Definition Standby duty is defined as that period of time assigned by the appointing authority in addition to the employee's normal work week during which time the employee must 1 eave word with a designated individual where he or she can be reached in case a callback is necessary. Hours spent on standby will not be considered hours worked. Employees assigned to standby duty are subject to the provisions of Section 2.07. II. Standby pay - Employees on standby shall be compensated at the rates listed below in additional pay for each full work week during which they are assigned to standby. Such employees are bound by the City's substance abuse policy. Fiscal Year Standby Rate 1987-88 $55.00 1988-89 $62.50 1989-90 $72.50 -10- ARTICLE 2.09 MODIFIED DUTY When an employee is injured on the job and, according to his/her doctor, is able to return to "light duty," the City will make every effort to place the employee in a modified duty assignment as closely approximating as possible the type of work the employee nomally does, until he/she is released back to full duty. The nature of the assi9nment will depend on the physical restrictions of the employee as stated by the treating physician and the availability of a modified position in the department which is consistent with the physical restrictions. Notwithstandin9 the above the acceptance of a modified duty assignment, if available, will be mandatory. ARTICLE 2.10 BILINGUAL PAY Those employees who, upon recommendation of the department head, approval of the Personnel Department, 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. ARTICLE 2.11 HEALTH AND WELFARE I. Flexible Benefit Plan Ao Description of Program - Employees in represented classifications shall receive the following dollar amounts for the next three fiscal years, to be used for approved employee benefits: Effective Date Amount July l, 1987 $2,330 Annualized for 3 Months: $ 582.50 October l, 1987 $2,640 Annualized for 9 Months: $1,980.00 Total 1987/88 $2,562.50 July 1, 1988 $2,750 Annually July l, 1989 $2,900 Annually The plan will be adjusted if the MONY full family premium costs exceed the above amounts. The City will increase the flexible benefit plan by one-half the increase. B. Administration of Program 1. From June 15 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 15 for those items and services rendered which are -ll- not of a routine nature, will be reviewed on an individual basis by the Benefits Claims Clerk and Di rector of Personnel to determine i f an emergency existed. Upon approval of emergency requests, reimbursements will be granted. a. 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 the HMO (Health Maintenance Organization) insurance plan and 100% up to ~500 by the indemnity health insurance plan, and therefore not reimbursable through the "Flexible Plan." b. Emergency Vision Expenses-Repair of broken eyeglasses or replacement of lost contact lenses will be approved. (Not: routine eye exam, spare glasses, etc.). c. 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.) d. Non-medical items considered routine and not covered include: conference expenses, books, memberships, subscriptions, extra insurance (except authorized payroll deductions). ~ 2. Reimbursements shall be for a minimum of $15 except immediately prior to the end of the fiscal year. C. Content of Program - The Flexible Benefit Plan will consist of one mandatory selection and additional optional selections. 1. Mandatory Selection Hospital, Medical and Life Benefits (Employee) Each represented employee must select one of the medical plans offered by the City for health protection; this category of coverage is known as "Employee" coverage. Employee coverage includes a $10,000 group term life pol icy. -12- 2. Optional Selections a. Hospital}Medical Care Benefits (Dependents) A represented employee may select dependent coverage under the approved health plans under one of two categories of coverage, either "Employee plus one" or "Employee plus family" coverage. b. Pre-paid dental insurance benefits offered by the City for employee, employee plus one or employee plus family coverage. c. 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, Specific rules for allowable reimbursements will be based on applicable Internal Revenue Code (IRC) sections or City administrative policies. (1) 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. (2) 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. Books purchased through the Flexible Benefit Plan belong to the City and are to be returned upon completion of the course or upon termination of employment, whichever is later. Expenses not allowed for reimbursement include tools or supplies which are retained by an employee after completion of a course of instruction, meals, or lodging. Employees must obtain approval of the department head and the Director of Personnel prior to enrollment in the desired course. -13- To receive funds in advance, employees must complete and sign the Flexible Benefit Plan Form available in the Personnel Department and have it approved by their Department Head and Training Committee. Upon completion of a course of instruction, employees must submit evidence of a C grade or better, or advance funds must be returned immediately. (3) Physical Exam Employees may select to receive reimbursement for a voluntary physical exam from the physician of their choice. (4) Supplemental Life Insurance Each represented employee may purchase additional group life insurance (in accordance with IRC ~79) in addition to the $10,000 group term life insurance provided by the City under #1 above. (5) Miscellaneous Categories Employees may elect to apply any remaining portion (after mandatory costs are paid) towards deductible and out-of-pocket health plan costs. (6) Child Care Employees may receive reimbursement for child care expenses incurred in order to allow the employee to work for the City. (7) Supplemental Health Insurance Employees may receive reimbursement for the costs of health insurance plans which supplement the existing City-offered health plans. Examples of such insurance may include cancer insurance or intensive care insurance. (8) Group Vision Care If available, employees may individually purchase group vision care offered by the City. (9) Group Psychological Health Plan If available, employees may individually purchase group psychological health plan offered by the City. -14- II. Additional Benefits A. Long-Term Disability The City agrees to contribute the amount necessary to provide long-term disability protection for each employee represented by CVEA in accordance with the following: The plan will include a thirty 130) 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. The City shall conduct an election to determine whether or not employees wish to be covered by State Disability Insurance (SDI) as an employee paid benefit in the second or third year of this agreement. If it is agreed to install SDI, the current Long Term Disability (LTD) benefit will be modified to supplement SDI when all SDI benefits are exhausted. B. 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. C. Professional Enrichment - A special fund of $15,000 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 s~9~a~ fund. The maximum reimbursement per employee is or Fiscal Year 1987-88 and $500 for Fiscal Years 1988-89 and 1989-90. 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. The Association and City may agree to use up to one half these funds for agreed upon classroom training, organization development or team building. -15- ARTICLE 2.12 RETIREMENT The City shall continue to contract for the 2% at 60 retirement for miscellaneous employees as provided for under the Public Employees Retirement System. The PERS 1959 Survivors Benefit employee premium cost of $2.00 per month will continue to be paid by the City. All additional costs of employee retirement contributions mandated by the courts and/or ordered by PERS because of court decisions during the life of this contract will be shared equally by the City and the employees. ARTICLE 2.13 HOLIDAYS I. Hard or Fixed Holidays for employees who work the traditional Monday through Friday work week will be celebrated on the day that City offices are closed. For the period of this contract the Holiday schedule is as follows: CITY OFFICES CLOSED Independence Day 07/03/87 07/04/88 07/04/89 Labor Day 09/07/87 09/05/88 09/04/89 Thanksgiving Day 11/26/87 11/24/88 11/23/89 Day after Thanksgiving 11/27/87 11/25/88 11/24/89 Christmas 12/25/87 12/25/88 12/25/89 New Year's Day 01/01/88 01/02/89 01/01/90 Memorial Day 05/23/88 05/29/89 05/28/90 II. Library Holiday Schedule (Includes represented Library employees who do not work the traditional Monday-Friday work week) - During the term of this agreement, the Library will be closed on the following holidays: LIBRARY CLOSED Independence Day 07/04/87 07/04/88 07/04/89 Labor Day 09/07/87 09/05/88 09/04/89 Thanksgiving Day 11/26/87 11/24/88 11/23/89 Day after Thanksgiving 11/27/87 11/25/88 11/24/89 Christmas Eve - close at 3:00 p.m. on 12/24/87 12/24/88 12/24/89 Christmas 12/25/87 12/25/88 12/25/89 New Year's Eve - close at 3:00 p.m. on 12/31/87 12/31/88 12/31/89 New Year's Day 01/01/88 01/01/89 O1/O1/90 Easter Sunday 04/03/88 03/26/89 04/15/90 Memorial Day 05/23/88 05/29/89 05/28/90 -16- Full-time Library staff shall receive the same holiday schedule that the City observes. If the City desires to have the Library remain open on any days during a holiday weekend, the Library will make every attempt to use temporary and part-time personnel staffing. If any full-time staff desires to work during a holiday weekend, they shall receive overtime pay or compensatory time off. If a full complement of part-time staff is unavailable, full-time staff will be required to work, receiving overtime pay or compensatory time off.. III. Holiday Pay {A) Full time employees shall receive eight (8) hours pay at their regular hourly rate for each hard holiday. {B) (1) Except for regular Library employees and full-time employees that work a four ten-hour (1 O) day work week, if a hard holiday falls on the employee's first regularly scheduled day off, the holiday will be recognized on the previous day; if it falls on the employee's second regularly scheduled day off, the holiday will be recognized on the following day. If the eligible employee must work on the day to be recognized as a hard holiday, the employee shall be paid overtime compensation in addition to the hard holiday pay. (2) Overtime compensation, in addition to the holiday pay, shall be paid eligible employees who must work on any hard holiday. (3} CISS employees in the Police Department who are otherwise subject to the 4-10 work week may revert to an 8-hour schedule during any fixed holiday they are required to work. (C) Employees Who Cannot Observe a Normal Holiday Schedule 1. If an employee does not work a hard holiday, he/she will receive 8 hours pay. 2. If an employee works a hard holiday on an 8-hour shift, he/she will receive 8 hours pay plus time and one-half for each hour worked. 3. If an employee works a hard holiday on a 1 O-hour shift, he/she will receive lO hours pay plus time and one-half for each hour worked. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance shall be the actual day of the holiday. -17- IV. Floating Holidays {A) Amount Effective the first pay period in July of each fiscal year of this agreement, employees shall be credited with eight (8) hours floating holiday time each for Lincoln's Birthday, Washington's Birthday, Admission Day, and Veteran's Day. Employees may take floating holiday time at their discretion, subject to staffing needs and with the approval of their department head. {B) Floating Holiday Use - Employees using floating holiday time before the holiday passes and subsequently leaving City service will be charged for such time. Employees who do not use their floating holiday time before June 30 of the fiscal year will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. ARTICLE 2.14 VACATION AND SICK LEAVE I. Definition - For the purpose of this article, the following definitions shall apply: (A) "Continuous Service" means City service uninterrupted by separation. (B) "Intermittent Service" means City service interrupted by separation. (C) "Time worked" includes all paid time. (D) "Active service" includes time worked, leave of absence without pay not to exceed 14 calendar days, and leave of absence not to exceed one year for which Workers Compensation is paid. II. Vacation {A) 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: (1) 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. -18- (2) Employees will accrue and be eligible to receive lO working days annually (cumulative 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. t (3) 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. (4) 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. (5) Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date of change. (B) 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 (2), (3), or (4) and shall be in the proportion that such part-time employment bears to full-time employment. (C) 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 (2), (3), and (4). 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. (D) 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. -19- III. Sick Leave (A) 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 his/her immediate family. For purposes of this article imediate family is defined as spouse, child, stepchild, parent, stepparent, parent-in-law, grandparent or any other person living as a member of the employee's immediate household. (B) 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 ai~ 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. (C) Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. (D) 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. In order for sick leave to be approved, the employee must call his or her supervisor within one hour of the time to begin work. If the supervisor is unavailable, the employee must leave word with a designated individual that he or she is too sick to come to work or has a contagious condition that would make his or her presence at the worksite dangerous for other employees. In cases where it is impossible to call (e.g., in hospital, unconscious, or other legitimate reasons) the supervisor shall withhold approval of sick leave until the employee can explain why he/she did not call within the one hour. The supervisor will then make a determination as to the allowability of sick leave use. (E) Sick Leave Verification The City may, in its discretion, requi re 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 his/her supervisor that a doctor's certificate shall be required when the employee notifies the City that he/she will be absent by reason of illness or di sabi 1 i ty. -20- Sick leave verification may be requested at any time it appears there is a pattern or practice of sick leave use that could be related to abuse, regardless of whether or not the individual has a sick leave balance on the books. Exhaustion of sick leave balances does not automatically trigger the verification requirement. When verification is required, the employee must show immediate improvement. Sick leave will then be monitored for a period of six months. If at any time during that period there is any abuse of sick leave, the employee will be subject to disciplinary action up to and i including termination. (F} 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. (G} Sick Leave Reimbursement (1) Employees 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 to pay. (2) 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 (3) If the pay option is selected, the paid sick leave hours shall 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. He/she then elects to -21 - receive pay for 25% of remaining days payment, or 2 days. The 2 days are subtracted from his/her remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) (4) 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. (5) Payment will be made only to employees on the payroll twelve consecutive months prior 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 an employee who terminates during the fiscal year. However, in the event of the death of an individual while employed by the City, 75% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. ARTICLE 2.15 LEAVE OF ABSENCE (A) An employee who is mentally or physically incapacitated to perform his/her duties, or who desire to engage. in a course of study that will, in the judgment of the City, increase his/her usefulness on his/her 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, desires to secure leave from his/her 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. An employee asking for leave of absence without pay shall submit his/her request in writing stating the reasons why, in his/her opinion, the request should be granted, the date when he/she desires the leave to begin, and the probable date of his/her return. For each leave without pay, the Director of Personnel shall determine whether the employee granted such leave shall be entitled to his/her former position on his/her return from such leave or whether his/her 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. Any employee on a leave of absence on the basis of a request, or a suspension for disciplinary reasons, must pay his/her own health premium in addition to that of his/her dependents, if any. -22- (B) MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veteran's Code.) (C) 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. Employees 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. ARTICLE 2.16 DEFERRED COMPENSATION CVEA members shall be eligible to participate in the City's approved deferred compensation plans offered by the City. ARTICLE 2.17 UNIFORMS (A) The following classifications will wear uniforms supplied and maintained by the City. Five uniform changes will be made available to each employee each week. Employees will be held responsible for the loss or misplacement of said uniforms. In the event of uniform loss, the employee will be required to reimburse the City for the uniform's replacement unless employee can show non-negligence on employee's part. Administrative Clerk assigned to Equipment Maintenance Shop Construction Specialist I Construction Specialist II Custodian I Custodian II Electronics Technician Equipment Mechanic I Equipment Mechanic II Equipment Operator Maintenance Gardener I Maintenance Gardener II Maintenance Gardener III Maintenance Worker I Maintenance Worker II Park Maintenance Supervisor I -23- Public Works Supervisor I Pump Maintenance Mechanic Senior Electronics Technician Senior Equipment Mechanic Senior Pump Maintenance Mechanic Senior Maintenance Worker Senior Traffic Devices Technician Senior Tree Trimmer Storekeeper Supervising Construction Specialist Supervising Custodian Traffic Devices Technician Traffic Painter Tree Trimmer (B) Animal Control Officer, Park Ranger, Parking Control Officers, Parking Operations Officer, Non-seasonal Pool Managers and Senior Lifeguards Uniforms The City will reimburse employees in these classes for uniform purchases. Authorization for reimbursement must be received from the Director of Public Safety or appropriate department head. ARTICLE 2.18 RECORD KEEPING Pursuant to Fair Labor Standards Act's requirements the City will implement changed record keeping procedures; which may include but may not be limited to changes in time sheets, work week designations on paychecks and time records, payroll records, and a requirement that employees sign time records. ARTICLE 2.19 FITNESS The parties agree that physical and mental fitness of City employees are reasonable requirements to perform the duties of the job and instill public confidence. Recognizing these important factors, the parties agree that during the term of this Agreement the City with reasonable cause, may require medical and psychological assessments of employees provided the City pays and provides time off without loss of pay for such assessments. All such assessments shall be done by appropriately Qualified health care professionals. Any remedial or treatment action shall be the full responsibility of the employee, except as otherwise provided by law or as may be provided through the Employee Assistance Program for City employees. ARTICLE 2.20 DRIVING ELIGIBILITY POLICY 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 at the time of their annual performance evaluation. At that time a ~24- check with the Department of Motor Vehicles will be conducted to determine i f the license is valid. Between performance evaluations, if an employee's ~rivers 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. 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. ARTICLE 2.21 SUBSTANCE ABUSE POLICY It is the policy of the City of Chula Vista that no employee shall be under the influence of drugs or alcohol while on the job. In addition, no employee shall have at the work site, including all City facilities, any alcohol, illegal substance, or legal drugs for which he or she does not have a prescription. When employees show behaviors that could be associated with the use of proscribed chemical substances the City may require that the employee undertake a test to determine if he or she is under the influence of any prescribed chemical. Examples of such behaviors* include: Impaired speaking ability (slurred or thick speech). Inability to perform work properly. Behavior is creating a safety hazard. Problems walking or other physical activity impairment. -25- Presence of an odor of an alcoholic beverage on breath. Blank stare or glassy eyes. * It is recognized that some medical problems may have similar symptoms as those identified above. The use of, being under the influence of, or being in possession of drugs or alcohol by the employee on the job will be 9rounds for discipline. ARTICLE 2.22 CAREER ADVANCEMENT The City may designate entry level groups of classifications which will be considered as career advancement classifications. Employees may be hired for a vacancy in the higher classification at the lower level classification, and not be required to undergo a promotional exam to advance to the hi~her position. The employee initially hired may qualify for certification to the higher position upon (1) successful performance for a minimum of one year in the lower position, 12) a positive recommendation by the appointing authority and (3) approval by the City Manager upon recommendation of the Personnel Director. Upon advancement to the higher classification, the employee shall be compensated at the pay rate closest to, but not less than, he/she was compensated in the lower class. The Personnel Director shall advise the CVEA representative on the status and usage of this Article, upon request. ARTICLE 3.01 PROHIBITED PRACTICES I. CVEA 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. II. 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 CVEA that an alleged prohibited action is in progress. III. CVEA 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. IV. If CVEA disavows the prohibited activity and takes all positive actions hereunder in good faith, the City shall not hold CVEA financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. -26- V. Should CVEA 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. VI. There shall be no lockout by the City during the term of this Memorandum of Understanding. ARTICLE 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING I. 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, 1990. This agreement shall continue in effect year by year unless one of the parties notifies the other in writing no later than March 1, 1990, of its desire to commence negotiations on provisions of this agreement. Sa~d notification shall include written proposals for such amended agreement and, upon receipt of such written notice and proposals, the City shall begin negotiations no later than thirty days prior to the expiration of this agreement. II. This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and entire dnderstanding between the parties. All previous terms, conditions and understandings and past practices are hereby specifically repealed and rejected unless explicitly set forth herein. It is further understood, however, that nothing herein prohibits the parties from changing and amending the terms of this MOU during the period of its effectiveness by further consultations or meet and confer sessions by mutual agreement. For example, matters subject to Meyers-Milias-Brown which are not covered in the MOU, may be acted upon by the City unilaterally after meeting and conferring with affected employee groups. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the Government Code of the State of California under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. III. The provisions of this Memorandum of Understanding shall be subject to Federal, State and local law. IV. If at any time during the term of this agreement, through causes beyond the control of the City, the City does not receive substantial sums of anticipated budgeted revenues or is required to make unanticipated expenditures by reason of governmental or Court action, then, in such event, the City reserves the right, with mutual agreement of CVEA, to reopen this Memorandum of -27- Understanding and to meet and confer on all existing or new employment benefits provided herein. This section, however, in no way affects the existing right of the City to lay off employees. ARTICLE 3.03 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: (1) Resolve disputes arising from the interpretation, application or enforcement of specific terms of this agreement. 12) Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory 1 evels where necessary. (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. 12) Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by this agreement. 13) Department head or head of a department: The chief executive officer of a department. 14) Director of Personnel: The Director of Personnel or his/her authorized representative. (5) Employee: Any officer or regular 1not temporary) employee of the City, except an elected official. (6) Employee representative: An individual who speaks on behalf of the employee. (7) Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this agreement. -28- (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: (a) 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. Ib) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications 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. -29- 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. {2) 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 {10) 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 form 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 (c) 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. -30- (lO) 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. Ill) 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 lO 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. 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 (7) 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 writing to his/her department head. The department head shall hear the grievance and give his/her written decision to the employee within seven 17) working days after receiving the grievance. -31 - Step 4 Grievance to Director and Manager. If the grievance is not settled at the department head level, it may be submitted by the Association 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 (lO) 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 the Association 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 the Association Representative or the City without the consent of the other party providing it is submitted within ten (lO) 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 viol ated. 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: 1. The State Department of Industrial Relations shall be requested by either or both parties to provide a panel of five arbitrators. Both the City and the Association 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. liqe 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 the Association 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 (10) working days. -32- 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 the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. 4. The City and the Association 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 enti re cost of the arbitration process, including the expense of the arbitrator, witnesses and/or stenographer. ARTICLE 3.04 LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this agreement, they will establish a labor-management productivity enhancement committee that will meet regularly to discover ways the City and its employees can improve productivity and service effectiveness. Among the first things to be discussed will be: (1) A sick leave reduction plan whereby work-unit employees can have a higher percentage of sick leave converted to pay if employee health, fitness and attendance improves. (2) Continuing participation in efforts to contain health care costs. (3) Ways to increase employee participation in cost-saving ideas and suggestions. (4) Ways to recognize exemplary employee performance and service. (5) Ways to attract and retain the best possible employees. (6) A new discipline policy recommendation. (7) A dual employment policy recommendation. 18) Team building opportunities. (9) Training and career development recommendations. -33- (3) Ways to increase employee participation in cost-saving ideas and suggestions. (4) Ways to recognize exemplary employee performance and service. (5) Ways to attract and retain the best possible employees. (6) A new discipline policy recommendation. (7) A dual employment policy recommendation. (8) Team building opportunities. (9) Training and career development recommendations. ARTICLE 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. Martin Nelson ~mt~s Flinn' Director of Personnel tor Chief Negotiator Chula Vista Employees Association City of Chula Vista ,- ~ Sal Cue~ President Chula Vista Employees Association TEAM MEMBERS TEAM MEMBERS CITY OF CHULA VISTA CHULA VISTA EMPLOYEES ASSOCIATION C1 i~w~nson .yr/~y i on S~auna Stokes ~en Rust Allan Borwick WPC 1666A -35-