HomeMy WebLinkAboutReso 2001-292 RESOLUTION NO. 2001-292
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE MEMORANDUM OF
UNDERSTANDING WITH THE CHULA VISTA EMPLOYEES
ASSOCIATION (CVEA)
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 (CVEA), an organization
representing various employee classifications throughout the City, in accordance with the provisions
of Section 3500 et seq. of the Government Code of the State of California; and
WHEREAS, the provisions of a 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 has been previously approved in concept by the City Council in closed session.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby adopt the provisions of the Memorandum of Understanding concerning wages and
other terms and conditions of employment with the Chula Vista Employees Association reflected in
Exhibit A.
Presented by Approved as to form by
Candy Em&son
Human Resources Director City Attomey
Resolution 2001-292 --
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of August, 2001, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Hortoh, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA ) --
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001-292 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 28th day of August, 2001.
Executed this 28th day of August, 2001.
Susan Bigelow, City Clerk
EXHIBIT "A"
CHULA VISTA
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF CHULA VISTA
AND
CHULA VISTA
EMPLOYEES ASSOCIATION
VVVVVVVV
JULY 1 -1998 ~ JUNE 30, 200!
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 JULY !, !992
JUNE 30, 2901. Ju y, 1 200~1 ~June ~ 2005.
PAGE
1.01 PREAMBLE ............................................................................................. 1
1.02 RECOGNITION ....................................................................................... 1
1.03 CITY RIGHTS ......................................................................................... 4
1.04 CVEA RIGHTS ........................................................................................ 6
1.05 LABOR-MANAGEMENT COOPERATION ............................................. 6
1.06 CAREER ADVANCEMENT .................................................................... 7
2.01(A) WAGES ................................................................................................... 7
2.01(B) ACTING PAY ........................................................................................... 8
2.01(C) SPECIAL ASSIGNMENT PAY ................................................................ 8
2.01(D) JOB SHARING ..............i ......................................................................... 8
2.01(E) WORK FURLOUGH ............................................................................... 9
2.02 BILINGUAL PAY ..................................................................................... 9
2.03 SHIFT DIFFERENTIALS ......................................................................... 9
2.04 SAFETY EQUIPMENT, PROTECTIVE CLOTHING AND
TOOL ALLOWANCE ............................................................................ 10
2.05 MILEAGE REIMBURSEMENT ............................................................. 12
2.06 WORK WEEK ....................................................................................... 12
2.07 OVERTIME ............................................................................................ 12
2.08 CALL BACK ........................................................................................... 13
2.09 STANDBY ............................................................................................. 13
2.10 MODIFIED DUTY .................................................................................. 14
2.11 HEALTH AND WELFARE ..................................................................... 14
2.12 RETIREMENT ....................................................................................... 18
2.13 HOLIDAYS ............................................................................................ 18
2.14 VACATION AND SICK LEAVE ............................................................. 22
2.15 LEAVE OF ABSENCE .......................................................................... 27
2.16 DEFERRED COMPENSATION ............................................................ 29
2.17 DRIVING ELIGIBILITY POLICY ..................................................... 29
2.18 SUBSTANCE ABUSE POLICY ............................................................. 30
2.19 AMERICANS WITH DISABILITY .......................................................... 30
3.01 PROHIBITED PRACTICES .................................................................. 31
3.02 TERM AND EFFECT OF MEMORANDUM
OF UNDERSTANDING ......................................................................... 31
3.03 GRIEVANCE PROCEDURE ................................................................. 32
3.04 SAVINGS CLAUSE ............................................................................... 39
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 1.02 RECOGNITION
The City recognizes CVE~ a? t? exclusive representative for employees *~'~*'~"'~'"'"
class~f~cat~ons.=hSt~i~ a~
CVEA MOU FY 01-05
Page 1
CVEA MOU FY 01-05
Page 2
CVEA MOU FY 01-05
Page 3
ARTICLE 1.03 CITY RIGHTS
I. 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 rome 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
CVEA MOU FY 01-05
Page 4
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.
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.
II. 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 treatment or remedial 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 and the Substance Abuse Policy.
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 consulting regarding the
CVEA MOU FY 01-05
Page 5
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.
A. CVEA may designate up to six (6) representatives (including the President
and Vice-President) who will be allowed reasonable access to unit
employees.
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 Human Resources Director's Office for
review.
IV. The City of Chula Vista shall bill Service Employees International Union $0.10 per --
member per pay period for the full costs incurred for dues deduction on behalf of
CVEA.
V. The City shall make available to CVEA space for a filing cabinet. Such space shall
be mutually agreed upon by the City and CVEA.
ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION
The parties agree that during the term of this agreement, they will continue to support the
Quality of Work Life Program. In addition they will continue to participate in efforts to
contain health care costs through the existing Health Care Committee.
CVEA MOU FY 0%05
Page 6
ARTICLE 1.06 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 higher 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, (2) a positive recommendation by the appointing authority and
(3) approval by the City Manager upon recommendation of the Human Resources 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
Human Resources Director shall advise the CVEA representative on the status and usage
of this Article, upon request.
ARTICLE 2.01(A) WAGES
I. BASE WAGES
c~ ..... i ...... ;it i~; .......,~ ~,,, Ao/_ ..,~....,;,,.. J~r, u3,"'j ! o~nn
n ..... i ...... a~ ~... ~ ....... ~ ~.,, co/_ ..~....,;,... , ....... '~ 200!
CVEA MOU FY 01-05
Page 7
II. The City will continue to 7% toward the em of the PERS
contribution.
III. Distribution of paychecks shall be done only on regular paydays. However, in an --
emergency, employees may receive their check on a day other than a regular
payday if a memo is directed from the Department Head to the Director of Finance
justifying the request.
IV. CVEA represented employees may receive their regular biweekly salary in advance
of the regular pay day if the employee will be on approved vacation at the time of
the regular pay day. The employee shall notify the Finance Department at least
three (3) working days prior to the payday on which the payment is desired.
Payment in advance due to vacation will not be available to represented employees
who have paychecks directly deposited.
V. 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.
VI. The CVEA/Management Classification Review Advisory Committee will continue to
meet to review classification issues affecting CVEA represented employees.
CVEA MOU FY 01-05
Page 8
ARTICLE 2.01(B) ACTING PAY
When an employee is assigned to perform the duties of a higher paid classification for a
period of 5 consecutive work days or 40 consecutive working hours, such employee shall
be compensated with a minimum of 5 percent above current salary rate up to a maximum
of 20 percent, effective the first day of the out of class assignment. Requests for Out-of-
Class compensation shall be submitted by the Department Head on a "Request for
Additional Pay" form as percentage amounts only.
The duration of Acting Pay assignments shall not exceed one calendar year.
ARTICLE 2.01(C) SPECIAL ASSIGNMENT PAY
CVEA represented employees may be eligible to receive a maximum of 5% above base
pay when assigned by the city Manager to a "Special Project".
ARTICLE 2.01(D) JOB SHARING
The City will make reasonable accommodation for an employee in a regular position who
desires to share their job with another qualified employee or eligible person. Jobs may be
shared on an hourly or daily basis. All legally permissible benefits will be pro-rated. Each
employee shall be notified in writing by the appointing authority (as defined in the City
Charter) at the time of the appointment and such notification will clearly define the benefits
to which each employee is entitled.
ARTICLE 2.01(E) WORK FURLOUGH
The parties agree to a 40-hour per year Work Furlough. The Work Furlough will be
effected during the otherwise normal work week between the Hard Holidays of December
25 and January 1, as described in the Work Furlough side letter dated September 21,
1995.
In an effort to minimize the financial impact of the Work Furlough on employees, the
employees' biweekly pay shall be reduced by an amount reflecting the forty (40) hour Work
Furlough. The work furlough will continue until reduced or discontinued by the parties and
will have no impact on employee benefits to the extent permitted by law.
CVEA MOU FY 01-05
Page 9
ARTICLE 2.03 SHIFT DIFFERENTIALS
I. In addition to their regular salary, CVEA represented employees shall receive extra
compensation of $45.00 per biweekly pay period under the conditions listed below.
Under no circumstances shall an employee receive compensation for more than
one of these conditions during 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 regularly 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.
Il. A night shift differential shall not be paid for standby duty.
III. Librarians shall not be eligible for any shift differential.
CVEA MOU FY 01-05
Page 10
ARTICLE 2.04 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, TOOL
ALLOWANCE AND UNIFORMS
Safety Equipment and Protective Clothing
Safety equipment, protective clothing and training, including appropriate, approved
self-defense training such as "pepper spray use" will be provided use to employees
as recommended by their Department Head, in concert with the Risk Manager.
CVEA MOU FY 01-05
Page 1 ]
CVEA MOU FY 01-05
Page 12
ARTICLE 2.05 MILEAGE REIMBURSEMENT
Employees shall be subject to the City' Mileage Reimbursement Program when required to
use their personal vehicle for authorized City business. The reimbursement rate will be
tied to the current maximum IRS rate.
ARTICLE 2.06 WORK WEEK
I. 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 begins at 12:01 a.m.
on Friday morning and ends at 12:01 a.m. the following Friday morning.
A. Communication Operators Lunch Break - Communication Operators who
work a 10-hour shift will be on call during their lunch hour. As such, they
shall eat lunch in the Communication Center at a designated table in the
center, or in the lunch/break room in the Police Department.
ARTICLE 2.07 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 the rate of 1-112 times their Fair Labor
Standards Act (FLSA) "Regular Rate", compensatory time off at 1-1/2 times the
extra hours worked, or upon employee request and with the approval of his/her
supervisor and Department Head, the employee may take off the number of
overtime hours worked on a straight-time basis within the same work week. Such
CVEA MOU FY 01-05
Page 13
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 65 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.
Ill. Meal Break - When employees are required to work over four hours overtime, they
shall be granted a 2 hour unpaid meal break.
ARTICLE 2.08 CALLBACK
However, the callback bonus will only apply when the employee has not been notified of
the date and time of the callback prior to leaving the worksite.
ARTICLE 2.09 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 leave word with a designated individual where he or she
can be reached in case a callback is necessary. Hours spent on standbywill not be
considered hours worked. Employees assigned to standby duty are subject to the
provisions of Section 2,07.
CVEA MOU FY 01-05
Page 14
ARTICLE 2.10 MODIFIED DUTY
When an employee is injured on the job and, according to their 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 normally
does, until they are released back to full duty. The nature of the assignment 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. Notwithstanding the above the acceptance of a modified duty assignment, if
available, will be mandatory.
ARTICLE 2.11 HEALTH AND WELFARE
I. Flexible Benefit Plan
B. To maintain relative buying power for employees to purchase health benefits
from their flexible benefit plan in the event that health plan premium rates
increase, the City agrees to increase the annual Flex Plan allotment by one
half (2) of the average cost increase for full family non-indemnity health plan
premiums. The City's share of the increased cost will be added to the
beginning Flex Plan balance of the next available Flex Plan year. The City
agrees that the annual Flex Plan allotment will not be decreased.
CVEA MOU FY 01-05
Page 15
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 (30) day waiting period, a maximum benefit of
60% of salary up to $7,500/month, and is subject to the provisions of existing
applicable insurance and retirement plans.
During the term of this agreement, the parties will work together to explore
LTD improvements.
CVEA MOU FY 01-05
Page 16
The Association and City may by mutual agreement use up to one half of
these funds for agreed upon classroom training, organization development or
team building.
C. Flexible Spending Accounts for Health Care and Dependent Care
Two Flexible Spending Accounts (FSA's), under Sections 125, 105, 129 and
213 of the Internal Revenue Service Code, are offered to all represented
employees. Employees may elect to budget by salary reduction, for certain
health and welfare benefits and dependent care reimbursements on a
pre-tax basis. If the City does not meet IRS regulations or if the IRS
regulations change for any reason, this benefit may be discontinued.
Health and Welfare FSA
Before the start of the FSA plan year (January 1 to December 31),
represented employees may reduce their salary up to $2,500 to pay
for eligible health and welfare expenses. Salary reductions will accrue
bi-weekly during the plan year and reimbursements will be made on a
schedule to be determined by the City. This is a reimbursement
program. Participating employees must submit documentation of
payment on the appropriate forms to receive reimbursement. Salary
reductions not spent by the end of the plan year, by law, are forfeited
to the City.
CVEA MOU FY 01-05
Page 17
2. Dependent Care FSA
Before the start of the FSA plan year (January 1, to December 31),
represented employees may reduce their salary up to $5,000 to pay
for eligible dependent care. In no event can dependent care pre-tax
dollars, whether reimbursed through an FSA, the City Flexible Benefit
Plan or a combination of both, exceed $5,000 per calendar year (refer
to Section 2.11,I,C.2.c.{6}. Salary reductions will accrue bi-weekly
during the plan year and reimbursements will be made on a schedule
to be determined by the City. Dependent care must qualify under all
pertinent IRS regulations. This is a reimbursement program.
Participating employees must submit documentation of payment and
other information related to dependent care arrangements to receive
reimbursement. Salary reductions not spent by the end of the plan
year, by law, are forfeited to the City.
3. FSA Administration
The City reserves the right to contract with a Third Party Administrator
(TPA) for administration of both FSA's. The City will pay the start-up
costs associated with third party administration. Participating
employees will pay monthly, per employee, or per transaction _
administration fees, if any.
D. Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125, 105, and 213 of the Internal Revenue Service Code, the
City treats all payroll deductions for health and dental care on a pre-tax
basis, unless an affected employee requests that such deductions be taxed.
If the City does not meet IRS regulations or if the IRS regulations change for
any reason, this benefit may be discontinued.
CVEA MOU FY 01-05
Page 18
E. Medical Premium Retirement Benefit Plan
The City offers a medical premium retirement benefit plan, under Section
457(f) of the Internal Revenue Service Code, to all represented employees
through the JPEBA, Joint Powers Employee Benefit Authority (or an
equivalent plan). This program provides employees the option of making
unlimited pre-tax contributions from their wages to pre-fund post-retirement
health insurance premium costs for themselves and their dependents. Since
IRS Section 457(0 requires restrictions on the program that can result in
forfeiture of the contributions to the City for specified reasons, employees are
advised to carefully review the information that will be provided on the
program prior to deciding whether or when to participate.
The City will pay the start-up costs associated with third party administration.
Participating employees will pay the participant costs (currently $24 per
year). If the City does not meet IRS regulations or if the IRS regulations
change for any reason, this benefit may be discontinued.
F. Employee Group Term Life Insurance
The City agrees to pay the premium for $17,000 of group term life insurance
for each represented employee. Represented employees may apply for
themselves and their eligible dependents purchase from $30,000 to
$300,000 of supplemental group term life insurance in $10,000 increments
through the City's group insurance plan with employees paying the additional
cost through payroll deductions.
ARTICLE 2.12 RETIREMENT
I. RETIREMENT BENEFITS
A.
B. All CVEA represented employees will receive Fourth Level of 1959 Survivor
Benefit (Sections 21380-21387, 21382.2 and 21382.4). The PERS 1959
Survivors Benefit employee premium cost of $2.00 per month will continue to
be paid by the City.
CVEA MOU FY 01-05
Page 19
C. The City will provide all CVEA represented employees PERS One-Year
Highest Compensation, Section 20024.2.
D. The City will provide represented employees with the option of purchasing
military service credit as public service under PERS Section 20930.3. As
provided in Section 20930.3, eligible employees who decide to exercise the
option to purchase up to four years of prior military service credit would pay
the amount calculated by PERS for both the employer's and the employee's
contribution.
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
term of this agreement, the Holiday schedule is as follows:
Library staff in represented classifications shall receive the same paid holidays that
other CVEA represented employees receive (Article 2.13, Section I). If the City
desires to have the Library remain open on any days during a holiday weekend, the
Library management will make every attempt to use temporary personnel staffing.
For the purposes of this section, the term "holiday weekend" is defined as the
Saturday and Sunday following a City-recognized hard holiday which falls on a
Friday; the Saturday and Sunday preceding a City-recognized hard holiday which
falls on a Monday; the Saturday and Sunday following Thanksgiving Day; or any
weekend on which a City-recognized hard holiday falls. If staff requests and
management approves, or management requires any bi-weekly rate (full-or part-
time) employees to work during a holiday weekend, they shall receive time and a
half pay or compensatory time off.
II. Hard Holiday Pay
CVEA MOU FY 01-05
Page 20
A. Full time employees shall receive eight (8) hours pay at their regular hourly
rate for each hard holiday. Permanent part-time employees shall receive
holiday pay at their regular hourly rate in the proportion that such permanent
part-time employment bears to 'full-time employment.
B. 1. For all employees except for Library employees and full-time
employees that work a four ten-hour (10) 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 dayto 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 otharwise 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 work a flexible schedule (a 4-10 shift schedule for example)
and who cannot observe a normal holiday schedule:
1. If a hard holiday falls on the employee's regularly scheduled day off,
they will receive eight (8) hours pay.
2. If a hard holiday falls on an employee's regularly scheduled work day
and they take that day off, they will receive eight (8) hours pay for that
day. The employee must use the appropriate number of hours of
vacation or holiday time to supplement the eight hours of holiday time
in order to reach 40 hours for that work week, IF their normally
scheduled shift was greater than eight (8) hours.
3. If an employee works a hard holiday on an eight (8) hour shift, they
will receive eight (8) hours pay plus time and one-half for each hour
worked.
4. If an employee works a hard holiday on a shift in excess of eight (8)
hours, they will receive eight (8) hours holiday pay plus time and one-
half for all hours worked. For example, an employee working a 10
CVEA MOU FY 01-05
Page 21
hour shift will receive 8 hours holiday pay plus 10 hours pay at time
and one-half.
5. If a represented permanent part-time employee works on a day to be
observed as a hard holiday, they will receive holiday pay
corresponding to the employee's full time equivalent hours plus pay at
time and one-half for each hour worked.
6. If a hard holiday falls on the regularly scheduled day-off of a
permanent part-time employee or if a hard holiday falls on a regularly
scheduled work day but his/her work site is closed in observance of
the holiday, the employee shall receive holiday pay corresponding to
the employee's full time equivalent hours.
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
for employees working a non-Monday-Friday flexible work schedule
OR the day when the normal operations of his/her department or
division are closed for those employees working a Monday-Friday
flexible work schedule.
CVEA MOU FY 01-05
Page 22
HARD HOLIDAYS
DATES CITY OFFICES ARE CLOSED
DAY
~BORDAY 9i31~ M~htl~ 9i2/02 M~fida¥ glllO~ M~da~
~HAN~G~iNG
~12~0~ ~h~av ,~28/02, Thu~day ~12010~Thuts~a~ ~125104:~
~910~ M6ndav
5J2~I02 ~ Monday ~2~ ~ M~nday ~ 5130/05 ~on~a~
CVEA MOU FY 01-05
Page 23
HARD HOLIDAYS
DATES LIBRARIES ARE CLOSED
FY 98-99 FY 99-00 FY 00-01
INDEPENDENCE DAY 7/3/98 Friday 7/3/99 Saturday 7/4/00 Tuesday
7/4/98 Saturday 7/4/99 Sunday
LABOR DAY 9/7/98 Monday 9/6/99 Monday N/A
THANKSGIVING 11/26/98 Thursday 11/25/99 Thursday 11/23/00 Thursday
DAY AFTER THANKSGIVlNG 11/27/98 Friday i 11/26/99 Friday 11/24/00 Friday
CHRISTMAS EVE 12/24/98 close at 3 PM 12/14/99 Friday 12/24/00 Sunday
CHRISTMAS 12/25/98 Friday 12/25/99 Saturday 12/25/00 Monday
NEWYEARS EVE DAY 12/31/99 close at 3 PM 12/31/99 Friday 1/1/01 Monday
NEW YEARS DAY 1/1/99 Friday
MARTIN LUTHER KING, JR. 1/18/99 Monday 1/17/00 Monday 1/15/01 Monday
BIRTHDAY
MEMORIAL DAY 5/31/99 Monday 5/29/99 Monday 5/28/01 Monday
CESAR CHAVEZ DAY
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. Permanent part-time employees paid at a bi-weekly rate
shall be credited floating holiday time in the proportion that such part-time
employment bears to full-time employment. 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.
CVEA MOU FY 01-05
Page 24
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 shall be entitled to
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.
2. Employees will accrue and be eligible to receive 10 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.
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
CVEA MOU FY 01-05
Page 25
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). Payment shall be made hour for hour with any
portion of an hour being considered a full hour.
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.
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
their immediate family. For purposes of this article immediate family is
defined as spouse, child, stepchild, parent, stepparent, parent-in-law,
grandparent, domestic partner 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
active service, 96 hours annually, beginning at the time of full-time
CVEA MOU FY 01-05
Page 26
probationary employment. Permanent part-time employees shall receive sick
leave pay in the proportion that such part-time employment bears to full-time
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 the Human Resources Director
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, 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 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 disability.
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 fora period
of six months. If at any time during that period there is any abuse of sick
CVEA MOU FY 01-05
Page 27
leave, the employee will be subject to disciplinary action up to and 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 defined by the IRS as husband, wife, child,
stepchild, brother, stepbrother, sister, stepsister, parent, step-parent, or any
other person livin.q in the same household as the employee or -3~ immediate
family member of the employee's spouse; and after such employee makes
written request and receives written approval from their department head,
such employee may be allowed to use their accumulated sick leave,
vacation, compensatory time or floatin.q holiday time for up to five (5) days,
plus three (3) travel days.
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.
CVEA MOU FY 01-05
Page 28
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
11 days 2 days, 6 hrs.
10 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 receive pay for 25% of remaining days payment, or 2
days. The 2 days are subtracted from his/her remaining yeady 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 15.
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, 100% of the employee's unused, accumulated
sick leave will be paid to the appropriate beneficiary.
CVEA MOU FY 01-05
Page 29
ARTICLE 2.15 LEAVE OF ABSENCE
I. An employee who is 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 Human Resources, desires to secure leave
from their regular duties may, on written request, subject to the recommendation of
the Department Head and the Director of Human Resources, 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 their request in writing stating the reasons why, in their opinion, the
request should be granted, the date when they desires the leave to begin, and the
probable date of their return. For each leave without pay, the Director of Human
Resources 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.
An employee who is granted an unpaid leave of absence for more than one month
for any reason, including leave for disciplinary purposes shall pay the cost of health
and life insurance premiums for the entire period of the leave of absence, provided,
however, that this provision shall not apply if the leave of absence is a result of the
employee being ill or disabled.
II. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of applicable State
and Federal laws (California Military and Veteran's Code.)
III. JURY DUTY
Permanent and probationary employees who are called to serve on jury duty for any
county, state or federal court within the San Diego area shall be entitled to paid
leave under the following circumstances:
A.They must present to their supervisor the court order to appear for jury duty
at least three weeks prior to their date to report.
B. All fees received by the employee for jury duty for days when scheduled for
work, excluding mileage, shall be paid over to the City.
CVEA MOU FY 01-05
Page 30
C. The employee must submit a daily court authorized, stamped time card
accounting for all hours of required service ordered by the court.
D. If jury service and travel time from court to work is less than five hours (7
hours for person on a 4/10 plan) in a work day, the employee is expected to
return to work unless a justification is provided and approved or
pre-authorized leave is approved.
E. Employees who are required to serve jury duty on their scheduled days off
will not be compensated for this time and may keep any fees paid by the
court.
F. If the employee is not required to report for jury duty on any particular day(s)
they are then expected to be at work as per their normal schedule.
G. It is the employees' responsibility to inform his or her supervisor on a daily
basis if they are required to report for jury duty the following day. This may
include calling the supervisor after or before normal working hours.
H. Absence due to jury duty will be submitted on the City leave form.
I. Employees whose work week is other than Monday through Friday (8:00
a.m. to 5:00 p.m.) may have their Jury Duty work day adjustments made by
their supervisor.
IV. COURT LEAVE
Court leave is paid leave granted by the City to enable that employee to fulfill their
duty as a citizen to serve as a witness in a court action to which the employee is not
a party, before a Federal, Superior, or Municipal Court located within San Diego
County.
Court leave shall be limited to:
A. Required attendance before Federal, Superior, Municipal, and Justice Courts
located within San Diego County.
B. Time in attendance at court together with reasonable time between court and
work if attendance is for less than a full day and the employee can
reasonably be expected to return to work.
CVEA MOU FY 01-05
Pa~¢ 3 !
C. Court leave shall not be granted when the employee is paid an expert
witness fee.
D. The employee must submit to the City any payment received except travel
and subsistence pay for such duty.
E. Court leave will only be granted to employees who are not litigants in the civil
case nor related to litigants in the civil case or defendants in a criminal case.
F. Employees shall provide their supervisor with a copy of the legal subpoena
and provide other documentary evidence of service.
G. When employees are subpoenaed in the line of duty they shall be
guaranteed a minimum of two hours for each separate court appearance,
including travel time.
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 DRIVING ELIGIBILITY POLICY
Whenever an employee drives a vehicle for City business he/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 with the Department of Motor Vehicles to investigate the
employees' driving record and to determine if the license is valid. If an employee's driver's
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
fora 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.
CVEA MOU FY 01-05
Page 32
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 2.18 SUBSTANCE ABUSE POLICY
Employees represented by CVEA are subject to the City=s Substance Abuse Policy.
ARTICLE 2.19 AMERICAN WITH DISABILITIES ACT
The City and the Association recognize that significant legal obligations have been
imposed on employers by the Americans With Disabilities Act (ADA). The Association
recognizes and agrees that the City may take actions necessary to comply with ADA
requirements, which may require decisions that are contrary to the current MOU, Civil
Service rules or past practices. However, prior to making any changes, the City shall
provide notice to CVEA of such requirements, and upon request, will meet to discuss the
proposed changes.
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 pedorm 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.
CVEA MOU FY 01-05
Page 33
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.
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
This MOU fully and completely incorporates the understandings of the parties
hereto for the full term of this agreement, constituting the sole and entire
understanding 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
CVEA MOU FY 01-05
?age 34
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.
~ llt.~ The provisions of this Memorandum of Understanding shall be subject to Federal,
State and local law.
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 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 enfomement
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.
(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:
CVEA MOU FY 01-05
Page 35
(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 Human Resources: The Director of Human Resources or his/her
authorized representative.
(5) Employee: Any officer or regular (not 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.
(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.
CVEA MOU FY 01-05
Page 36
(b) 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.
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 (10) 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:
CVEA MOU FY 01-05
Page 37
(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.
(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.
(11) 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, ifwith 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.
CVEA MOU FY 01-05
]~a§¢ 38
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 (7)
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 (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 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 (10) working days.
The City Manager shall provide his/her answer within ten (10)
additional 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.
CVEA MOU FY 01-05
Page 39
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 (10) working days,
following its termination in the Grievance Procedure. The following Advisory
Arbitration procedures shall be followed:
(1) 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 (5)
working days of the receipt of this notice, the parties may agree upon an
arbitrator, or a panel of three arbitrators trained in conducting grievance
hearings.
If agreement on an arbitrator cannot be reached the State Department of
Industrial Relations shall be requested by either or both parties to provide a
list of five arbitrators. Both the City and the Association shall have the right
to strike two names from the list. 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 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.
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
CVEA MOU FY 01-05
Pa~¢ 40
entire cost of the arbitration process, including the expense of the arbitrator,
witnesses and/or stenographer.
ARTICLE 3.04 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.
Negotiating Team Members
CITY OF CHULA VISTA:
Candace Emerson, Chief Negotiator
City of Chula Vista
Ch;~y/J~uChte;
CVEA MOU FY 01-05
?age 41
Negotiating Team Members
CHULA VISTA EMPLOYEES
ASSOCIATION:
/'~./~?/~EA President
Co-Chief Negotiator
, Dep. Director of SEIU
Local 2028
CVEA MOU FY 0'~-05
Page 42
Appendix A
CLASSIFICATIONS
Accountant
Accounting Assistant I
Accounting Assistant II
Administrative Aide
Administrative Analyst I
Administrative Analyst II
Administrative Secretary
Administrative Technician
Animal Control Officer
Aquatic Coordinator
Assistant Planner
Assistant Surveyor I
Assistant Surveyor II
Associate Planner
Building Inspector/Code Enforcement Officer I
Building Inspector/Code Enforcement Officer II
Buyer
Circulation Assistant
Circulation Supervisor
Communications Operator I
Communications Operator II
Community Development Specialist I
Community Development Specialist II
Community Service Officer
Computer Programmer/Analyst
Computer Programmer
Computer Programmer/Operator
Construction Specialist I
Construction Specialist II (CARP)
Construction Specialist II (ELEC)
Construction Specialist II (HVAC)
Construction Specialist II (PAINT)
Construction Specialist II (PLUMB)
Crime Analyst
Criminal Information Systems Specialist
Custodian I
Custodian II
Customer Service Representative
Delivery Driver
Electronics Technician
Engineering Aide
Appendix A
Engineering Technician I
Engineering Technician II
Engineering Technician III
Equipment Mechanic I
Equipment Mechanic II
Equipment Operator
Evidence Control Assistant
Evidence Technician
Fire Apparatus Mechanic
Fiscal Office Specialist
Gardener I
Gardener II
Geographic Information Systems Specialist
Graphics Technician
Human Services Coordinator
Information System Technician
Kennel Attendant
Landscape Planner
Latent Print Examiner
Lead Communications Operator
Librarian I
Librarian II
Librarian III
Library Associate
Library Information System Technician
Library Technical Assistant
Library Volunteer Coordinator
Mainframe Computer Operator
Maintenance Worker I
Maintenance Worker II
Nature Center Maintenance Specialist
Office Specialist
Open Space Inspector
Paint Striping Operator
Parking Control Officer
Parking Operations Officer
Parks Supervisor
Payroll Technician
Planning Technician I
Planning Technician II
Planning Technician III
Plans Examiner
Police Data Specialist -
Appendix A
Police Department Training Coordinator
Police Records Specialist
Police Records Transcriptionist
Police Recruit
Police Services Officer
Pool Manager
Public Works Inspector I
Public Works Inspector II
Public Works Supervisor
Public Works Technician
Pump Mechanic
Recreation Supervisor I
Recreation Supervisor II
Secretary
Shelving Supervisor
Senior Accounting Assistant
Senior Administrative Secretary
Senior Building Inspector
Senior Circulation Assistant
Senior Code Enforcement Officer
Senior Crime Prevention Specialist
Senior Electronics Technician
Senior Equipment Mechanic
Senior Fiscal Office Specialist
Senior Gardener
Senior Library Technical Assistant
Senior Lifeguard
Senior Maintenance Worker
Senior Office Specialist
Senior Public Works Inspector
Senior Secretary
Senior Storekeeper
Senior Tree Trimmer
Signal System Engineer
Sports Coordinator
Storekeeper I
Storekeeper II
Supervising Pump Maintenance Mechanic
Survey Technician I
Survey Technician II
Town Gardener
Traffic Devices Technician
Traffic Devices Technician Supervisor
Tree Trimmer
Appendix B
CLASSIFICATIONS
Construction Specialist I
Construction Specialist II
Custodian I
Custodian II
Electronics Technician
Equipment Mechanic I
Equipment Mechanic II
Equipment Operator
Maintenance Worker I
Maintenance Worker II
Nature Center Maintenance Specialist
Park Supervisor I
Public Works Supervisor I
Pump Maintenance Mechanic I
Pump Maintenance Mechanic II
Senior Electronics Technician
Senior Equipment Mechanic
Senior Gardener
Senior Maintenance Worker --
Senior Storekeeper
Senior Tree Trimmer
Signal System Engineer
Storekeeper I
Storekeeper II
Supervising Custodian
Supervising Pump Maintenance Mechanic
Town Gardener
Traffic Devices Technician
Traffic Devices Technician Supervisor
Traffic Painter
Tree Trimmer
Appendix C
CLASSIFICATIONS
Animal Control Officer
Community Service Officer
Fire Inspector I & II
Kennel Attendant
Parking Control Officer
Parking Operations Officer
Park Ranger Supervisor
Police Recruit
Police Services Officer
Non-Seasonal Pool Manager
Senior Lifeguard