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HomeMy WebLinkAboutReso 1986-12648 RESOLUTION NO. 12648 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 CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR 1986-87 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with the Chula Vista Chapter, Western Council of Engineers, an organization representing certain members of classified employees in the City of Chula Vista, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California, and WHEREAS, the Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in 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 year 1986-87. Presented by Approved aR to form by E. R. Asmus, Assistant City---~-~- T~omas J. Na/ron, City Manager i. /Attorney /~// OllOa ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 5th day of Ausust 19 86 , by the following vote, to-wit: AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers None STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. z2648 ,and that the same has not been amended or repealed DATED. ~ City Clerk CI-IY OF CHULA VISTA CC-660 _, MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND WESTERN COUNCIL OF ENGINEERS 1986-87 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR 1986-87 1.O1 PREAMBLE 1.02 RECOGNITION 1.03 CITY RIGHTS 1.04 W.C.E. RIGHTS 2.U1 WAGES 2.02 OUT OF CLASS ASSIGNMENT 2.03 EXTRAORDINARY SERVICE 2.04 DEFERRED COMPENSATION 2.05 MILEAGE REIMBURSEMENT 2.06 WORKWEEK 2.07 OVERTIME 2.08 BILINGUAL PAY 2.09 EMPLOYEE BENEFITS 2.10 RETIREMENT 2.11 HOLIDAYS 2.12 VACATION AND SICK LEAVE 2.13 LEAVE OF ABSENCE 2.14 MILITARY LEAVE 2.15 JURY DUTY 2.16 CAREER ADVANCEMENT 2.17 LABOR Iv~NAGEMENT COOPERATION 2.18 ACTING APPOINTmeNTS 2.19 DRIVING ELIGIBILITY 2.20 SUBSTANCE/ALCOHOL ABUSE POLICY 3.01 PROHIBITED PP~CTICES 3.02 TERM 3.03 FULL UNDERSTANDING, MODIFICATION, AND WAIVER 3.04 SAVINGS CLAUSE 1.O1 PREAMBLE This MOU is entered into by the City of Chula Vista, hereinafter referred to as the "City," and the Chula Vista Chapter of the Western Council of Engineers, hereinafter referred to as the "WCE." 1.02 RECOGNITION The City recognizes the WCE as exclusive representative for the employees in the City of Chula Vista that are employed in the following classifications: Associate Traffic Engineer Associate Civil Engineer Assistant Civil Engineer Junior Civil Engineer Plan Checker II 1.03 CITY RIGHTS A. The WCE recognizes that the City has and will continue to retain in all respects, whether exercised or not, the unilateral and exclusive right, subject to this MOU, to operate, administer, and manage its public services and its work force performing those services. B. The exclusive rights of the City shall include, but not be limited to: Determining the organization of City government and the purpose and mission of its constituent agencies. Setting standards of service to be offered to the public and, through its management officials, to exercise control and discretion over its organization and operations. Establishing and effect administrative regulations and employment rules consistent with law and the specific provisions of this MOU. Directing its employees. Determining the City budget. Taking disciplinary action. Relieving employees from duty because of a lack of work or for other legitimate reasons. -1- Determining the methods, means, and personnel by which the City's services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the City. Subcontracting out various services whether currently performed by City workforce or not, when no eliminations of current employees will result and management determines it is in the public interest. C. The exercise and retention of the City rights contained herein does not preclude the employees and/or WCE from consulting about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment. D. Nothing contained in this provision shall be deemed to supersede the provisions of existing State law and the ordinances and rules of the City which establish the Civil Service System. 1.04 WCE RIGHTS WCE shall have the right to: Be provided a reasonable amount of space on relevant City bulletin boards for legitimate communications with members. Be granted use of City facilities by the appropriate authority for meetings composed of WCE members, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with City needs. WCE agrees to provide proper advance notice of such meetings and pay any contingent costs of security, supervision, damage and clean-up. Have their chief negotiator provided without charge a copy of the FY 86-87 Memorandum of Understanding. Be allowed reasonable access to employees of the unit at their work locations during working hours for the purpose of consulting with employees in tl~e unit regarding the employer-employee relationship, provided that (1) the work of the employee and the service of the public are not unduly impaired, and (2) the authorized representative shall have given advance notice to the department head or his designated representative when contacting departmental employees during the duty period of the employees. The department head shall determine the appropriate time for such access. -2- Designate two (2) employees plus alternates who serve as official representatives. Such persons shall be released from work, without loss of compensation, when formally meeting and conferring with mana§ement representatives on matters within the scope of representation. One member shall also be released from work without loss of compensation when meeting with management representatives on matters pertainin§ to an allowable grievance item. Be provided, upon request, such literature and public documents as may be necessary (i.e., City budget, Workers Compensation benefits). A reasonable duplication charge may be made for items not nom~ally available for wide distribution. The City of Chula Vista shall bill WCE $.18 per member per pay period for the full costs incurred for dues deduction on behalf of WCE. 2.01 WAGES A. Effective the payroll period commencing July 4, 1986, the salary range for each represented classification shall be increased by six and one-quarter percent (6.25%). The pay range of each classification shall be as listed in the "Salary Plan" attached hereto and made a part hereof. B. Effective the first payroll period commencin§ July 1986 (July 4, 1986), the City shall pay seven percent (7%) of the employee's contribution to PERS for classifications represented by WCE. Assistant Civil Engineer shall receive five (5) percent additional compensation for possession of a certificate of registration as a professional civil engineer in the State of California. C. All other payroll and wage chan§es, such as merit increases, shall be made effective at the beginning of the regular pay period closest to the date of change. D. Distribution of paychecks shall be done only on regular paydays except in an emergency, when employees may receive their check on a day other than a re§ular payday if a memo is directed from the Department Head to the Finance Officer justifying the request. E. All classifications represented by WCE may receive a maximum of two weeks vacation pay in advance. Vacation pay in advance will be made on a re§ular payday provided the employee notifies the Finance Department ten working days prior to the payday on which payment is desired. -3- 2.02 OUT OF CLASS ASSIGNMENT A. When, at the sole discretion of the City, an employee is assigned by the City to perform the duties of a higher paid classification for a period of ten (10) or more consecutive working days, such employee shall receive the next higher step in pay range, or five percent (5%) over the employee's wage rate, whichever is greater. The effective date of said increase shall be the first working day of the temporary appointment. B. This provision is not applicable to situations deemed by the City to be for training or educational purposes. This provision does not apply if a unit member is given an acting appointment to a position not represented by WCE. However, in the event a WCE member was temporarily appointed to a middle management position, City policy concerning middle management would apply. 2.03 EXTRAORDINARY SERVICE The City will offer a differential bonus of $250, $300, $400, $500 or $600 to those E Step employees who qualify. Individual employees who believe that they are eligible under Section A below for extraordinary service pay shall initiate a formal memorandum to their division head stating their belief of eligibility, outlining the facts t~at make them eligible, and indicating the amount of extraordinary service pay that they believe is appropriate. The division head will review this memorandum and forward it with recommendation to the department head not later than ten (10) working days after receipt of the memorandum. The department head will make a final recommendation (within fifteen [15] working days) subject to the approval of the City Manager. The extraordinary service pay shall be a one-time payment. WCE members may not apply for extraordinary service pay more often than once in any three-month period. Criteria for eligibility are as follows: A. Eligibility shall be determined by one or more of the following criteria: 1. The represented employee has performed outstanding work at their current job classification level such as (but not limited to): (a) Volume and/or quality of work produced greatly exceeds normal standards. (b) Completion of work resulting in tangible and significant cost savings. 2. The represented employee has completed or is currently working on an assignment which calls for a substantial degree of greater responsibility and/or professional expertise than their current job classification requires and they are not eligible or receiving out of class compensation. -4- 3. The employee has developed an innovative program that will provide substantial overall benefit or cost savings to the department or City. B. Implementation Procedures: 1. When a department head determines that an employee is eligible to receive a differential bonus, it shall be their responsibility to recommend the amount of the differential and to forward their recommendation to the City Manager. 2. Differential salary bonuses shall be made the first pay period after City Manager approval and will be paid as a separate check and not added to normal pay. C. Limitation The total amount available for differential salary bonuses for extraordinary service compensation shall not exceed 2.0% of the gross salaries of all engineers covered by the Memorandum of Understanding. 2.04 DEFERRED COMPENSATION WCE members shall be eligible to participate in the City's approved Deferred Compensation Plan. WCE members have the option of placing a total of 7% of base salary into a "deferred compensation" plan which is based upon the employee contribution to the Public Employees' Retirement System. 2.D5 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 2.06 WORK WEEK 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. -5- 2.07 OVERTIME A. Definition - Whenever an employee is ordered to work more than 40 hours in a work week they shall be granted overtime pay at the rate of l-l/2 times their Fair Labor Standards Act (FLSA) "Regular Rate" or compensatory time off at l-l/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 De 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 ~ead based on the employee's request while recognizing the overall departmental staffing requirements. "Time Worked" Includes all paid hours including sick leave, leaves during which Workers' Compensation is paid, vacation time, holidays or any other time away from the job that is paid. B. Administration of Overtime - All time worked in addition to the work week with the exception of insignificant amounts of "hours worked" will be counted toward the 40 hour work week. Insignificant amounts of hours worked is defined as any time worked outside the regular schedule that is less than 15 minutes in a day, unless definition is changed in Federal Regulations or by court action. 2.08 BILINGUAL PAY WCE members who upon recommendation of the department head, approval of the Personnel Department and City Manager, and successful completion of a Bilingual Performance Evaluation are required to continuously use their bilingual skills in the performance of their duties, will receive $25 a month in addition to their regular pay. 2.09 EMPLOYEE BENEFITS A. Flexible Benefit Plan 1. Description of Program Effective July 1, 1986, each represented member will receive $2,800 during FY 1986-87 to be used solely for approved employee benefits. 2. Administration of Program (a) From June ll through June 30 of the fiscal year, requests for reimbursement under the City's "Flexible Benefit Plan" will be approved for "emergency" expenses -6- only. An emergency is defined as an unforeseen occurrence or combination of circumstances which necessitated immediate action. Requests for reimbursements for purchases made by employees after June ll for those items and services rendered which are not of a routine nature, will be reviewed on an individual basis by the Benefits Claims Clerk and Director of Personnel to determine if an emergency existed. Upon approval of emergency requests, reimbursements will be granted. Examples: Emergency medical expenses not covered by insurance for an illness that requires the services of a doctor, clinic, or hospital including auxiliary services (emergency transportation, lab tests, prescriptions and so forth) will be covered. Note: medical expenses incurred as a result of accident are covered 100% by both insurance plans and therefore not reimbursable through the "Flexible Plan." Emergency Vision Expenses-Repair of broken eyeglasses or replacement of lost contact lenses will be approved. (Not: routine eye exam, spare glasses, etc.). Emergency Dental Expenses-Reimbursements for expenses associated with toothaches, broken teeth, impacted wisdom teeth, root canals, etc. will be covered. (Not: routine dental work done as a result of an exam done after June 1.) Non-medical items considered routine and not covered include: conference expenses, books, memberships, subscriptions, extra insurance (except authorized payroll deductions). (b) Reimbursements shall be for a minimum of $15 except i~nediately prior to the end of the fiscal year. Content of Program - The Flexible Benefit Plan will consist of one mandatory selection and additional optional selections. (a) 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. Employee coverage includes a $3,000 group term life policy. -7- (b) Optional Selections (1) Hospital/Medical Care Benefits (Dependents) A represented employee may select dependent coverage under the approved health plans. (2) 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 §eneral in nature. Specific rules for allowable reimbursements will be based on applicable Internal Revenue Code (IRC) sections. Vision, Dental and Medical Each represented employee may apply any remaining portion (after mandatory costs are paid) to vision, dental and medical costs on a reimbursement basis. Employees remain free to be attended by professional eye, dental personnel, or pharmacy of their own choosing. Educational Assistance Employees may select to receive reimbursement for expenses incurred for education directly related to career development. Allowable expenses include tuition, fees, and similar payments, books, supplies, and equipment. Expenses not allowed for reimbursement include tools or supplies which are retained by an employee after completion of a course of instruction, or meals, lodging, or transportation. Employees must obtain approval of the department head and the Director of Personnel prior to enrollment in the desired course. To receive funds in advance, employees must read and sign the Advance Funds Request Form available in the Personnel Department. -8- Physical Exam Employees may select to receive reimbursement for a voluntary physical exam from the physician of their choice. (Allowability of this option will be dependent upon IRC approval.) Supplemental Life Insurance Each represented employee may purchase additional group life insurance (in accordance with IRC ~79) in addition to the $3,000 group term life insurance provided by the City under Section 3(a) above. Miscellaneous Categories Employees may elect to apply any remaining portion (after mandatory costs are paid) towards deductible and out-of-pocket health plan costs. Child Care Employees may receive reimbursement for child care expenses incurred in order to allow the employee to work for the City. B. Additional Benefits 1. Long-Term Disability The City agrees to contribute the amount necessary to provide long-term disability protection for each employee represented by WCE in accordance with the following: The plan will include a thirty (30) day waiting period, a maximum benefit of 60% of salary up to $2,500/month, and is subject to the provisions of existing applicable insurance and retirement plans. 2. Employees will be eligible to deposit a maximum of 20% of the beginning flex plan balance into the deferred compensation plan if the employee matches the deposit with a like contribution from his/her paycheck. The allowability of this provision is conditioned on approval by the IRS. If it is disallowed by the IRS, the parties will reopen this portion of the contract to discuss this issue. -9- 2.10 RETIREMENT A. The City shall provide the 2% at 60 retirement for miscellaneous employees as provided for under the Public Employees Retirement System. B. All refunds of employee contributions or additional costs of employee retirement contributions mandated by the courts and/or requested by PERS because of court decisions during the life of the contract will be reimbursed to or paid by the employee. 2.11 HOLIDAYS A. Fixed Holidays - During the term of this agreement, the recognized holidays are: City Offices Closed Independence Day July 4, 1986 07/04/86 Labor Day September l, 1986 09/01/86 ThanKsgiving Day November 27, 1986 11/27/86 Day after Thanksgiving November 28, 1986 11/28/86 Christmas December 25, 1986 12/25/86 New Year's Day January l, 1987 01/01/87 Memorial Day May 26, 1987 05/25/87 1. Holiday Pay - Employees shall receive eight (8) hours pay at their regular hourly rate for each fixed holiday payable during the pay period in which the regular holiday occurs. 2. For employees who work the traditional Monday through Friday work week, overtime will be paid if the employee works on the day City offices are closed to celebrate a fixed holiday. 3. If a fixed holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. If a fixed holiday falls on a Sunday, the following Monday shall be observed as the hol i day. B. Floating Holidays: 1. Amount Effective the first pay period in July 1986, employees shall be credited with thirty-two (32) hours floating holiday time, eight hours each for: Lincoln's Birthday, Washington's Birthday, Admission Day and Veteran's Day. Employees may take floating holiday time at their discretion with the approval of their department head. -10- 2. Floating Holiday Use - If an employee uses floating holiday time before the holiday passes and subsequently leaves City service, they will be charged for such time. If employees do not use their floating holiday time before June 30 of the fiscal year, they will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. 2.12 VACATION AND SICK LEAVE A. Definition For the purpose of this section, the following definitions shall apply: 1. "Continuous Service" means City service uninterrupted by separation. 2. "Intermittent service" means City service interrupted by separation. 3. "Time worked" includes all paid time. 4. "Active service" includes time worked, leave of absence without pay not to exceed 14 calendar days, and leave of absence not to exceed one (1) year for which Workers Compensation is paid. B. Vacation 1. Vacation Accrual - Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service throughout the year previous to that in which the vacation is requested shall be entitled to an annual vacation with pay. The following provisions shall apply: (a) Employees will accrue 10 working days during the first year of service. This benefit will be accumulated at the rate of 3.U7 working hours for each full biweekly pay period of service performed. Eligibility to apply for accrued vacation will be effective on the employee's six month anniversary date. (b) Employees will accrue and be eligible to receive l0 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 perfo~ned. (C) Employees will accrue and be eligible to receive 15 working days annually (cumulative to a total leave balance of 30 working days) during the fifth through -ll- fifteenth year of service. The benefits will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. (d) Employees will accrue and be eligible to receive 20 working days annually (cumulative to a total leave balance of 40 working days) during the sixteenth and succeeding years of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. Maximum Vacation Accrual - At no time may an employee have more than two years of vacation leave accumulated. No credits shall be accrued above this limit and any time in excess of the two-year limitation will be lost. (e) Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date of change. 2. Each part-time employee paid at a biweekly rate shall be entitled to vacation with pay. The number of working days of such vacation s~all be computed on the basis set forth in subsection (b), (c), or (d) and shall be in the proportion that such part-time employment bears to full-time employment. 3. Employees separated from the City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forth in subsections (b), (c) and (d). Where the total allowance ends with a fraction of a day, the vacation shall be computed to the nearest whole day, one-half day being computed to the next whole day. 4. Vacation Use - Vacation leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence may not be charged to vacation not already accumulated. C. Sick Leave 1. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event absence is made necessary because of disability due to injury or illness of the employee or members of their immediate family. -12- 2. Sick Leave Accrual Computation of sick leave: Sick leave i~i with pay is cumulative at the rate of 3.6~ working hours for each biweekly pay period of service, 96 hours annually, beginning at the time of full-time probationary emplo~ent. 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 it approval of the City Manager. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. 4. Sick Leave Use Sick leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence for illness may not be charged to sick leave not already accumulated. 5. Sick Leave Verification - The City may, in its discretion, require a doctor's certificate and/or a personal sworn affidavit verifying the nature, severity and cause of the disabling injury or illness of the employee in order to determine eli§ibility for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by their surpervisor that a doctor's certificate shall be required when the employee notifies the City that they will be absent by reason of illness or disability. 6. Bereavement Leave - When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member, an immediate family member of the employee's spouse, or any other person defined by the Internal Revenue Service as a dependent, and after such employee makes written request and receives written approval from the department ~ead, such employee may be allowed the privilege to be absent from work with full pay up to three (3) days, plus reasonable travel time. Travel time will be actual time used not to exceed five (5) calendar days. Paid leave of absence for family death shall be charged to sick leave. 7. Sick Leave Reimbursement (a) WCE members employed on June 30, 1979, or before and with five (5) or more years of service before separation from the City shall be allowed to receive twenty-five percent (25%) payment for up to 120 days of unused sick i leave upon honorable separation from the City and/or a promotion to a position not represented by WCE. The fifty percent (50%) survivor's benefit is also to be made available to the represented unit. (WCE members employed on June 30, 1979, or before and with five (5) or more years of service are not eligible for benefits under Section 7(b), {c), (d), (e) and {f) except for the 50% survivor's benefit.) (b) WCE members employed after June 30, 1979, and using four (4) days of sick leave or less during the fiscal year shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave pay. (The provisions of Section 2.12.C.7{a) shall not apply to WCE members employed after June 3U, 1979.) (c) Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: Remaining Yearly Sick Leave Pay Option (25%) 12 days 3 days ll days 2 days, 6 hrs. l0 days 2 days, 4 hrs. 9 days 2 days, 2 hrs. 8 days 2 days 7 days or less 0 (d) If the pay option is selected, the paid sick leave hours 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. They then elect to receive pay for 25% of remaining days, or 2 days. The 2 days are subtracted from their remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) (e) Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 30. (f) Payment will be made only to members on the payroll twelve consecutive months 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 employees who terminate durin§ the fiscal year. However, in the event of the death of an individual while employed by the City, 50% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. (This section does not apply to WCE members designated in Section 2.12.C.7{a).) -14- 2.13 LEAVE OF ABSENCE Employees who are mentally or physically incapacitated to perform their duties, or who desire to engage in a course of study that will, in the judgment of the City, increase their usefulness on their return to the classified service or who, for any reason considered to be in the best interest of the City government by the appointing authority and the Director of Personnel, desire to secure leave from their re§ular 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. Employees asKin§ 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 desire the leave to begin, and the probable date of their return. For each leave without pay, the Director of Personnel shall determine whether the employee granted such leave shall be entitled to their former position on their return from such leave or whether their name shall be placed on the reinstatement list for the class as provided for in the Civil Service rules. If a request for leave is denied, a copy of such request and the reasons for denial shall be sent to the Civil Service Commission. 2.14 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veteran's Code). 2.15 JURY DUTY Jury service or examination leave may be allowed for all full-time probationary or permanent status employees who are required by Court Order to attend Court as a prospective juror or serve as a juror upon immediate presentation of written proof of the exact period of their required attendance or service to the department head and the Director of Personnel. The employee shall receive full pay during the period of such leave provided the money, except mileage or subsistence allowance, which they receive as a juror is deposited with the Director of Finance for credit to the proper fund. 2.16 CAREER ADVANCEMENT The Junior Civil Engineer classification will be considered as career advancement to the Assistant Civil Engineer level. Employees will not be required to undergo a promotional exam but will qualify for certification upon (1) fulfillment of a minimum of one year as a Junior Civil Engineer and (2) forwarding of a positive recommendation by the relevant appointing authority. Permanent employees who advance from the Junior Uivil Engineer classification to the Assistant Civil Engineer level shall not be subjected to an additional probationary period. -15- 2.17 LABOR-MANAGEMENT COOPEP~qTION During the term of this agreement the City agrees to explore ongoing relationships with this unit beyond the traditional negotiation process. The objective is to jointly develop and implement programs designed to improve City operations and enhance employee satisfaction. 2.18 ACTING APPOINTMENTS In the absence of an eligible list, upon the recommendation of the Department Head and the Director of Personnel, and with approval of the City Manager, a unit member may be appointed on an "acting" basis to a vacant position if he/she meets the desired qualifications. He/she shall receive a minimum compensation equal to five percent (5%) over their current salary, or step A of the new salary range, whichever is greater. The effective date of such increase will be the first working day of the acting appointment. Employees so appointed will maintain their status in their regular position and receive earned salary increases if they would otherwise be eligible. 2.19 DRIVING ELIGIBILITY Whenever an employee drives a vehicle for City business, he or she shall have a valid California Drivers License. In order to ascertain the validity of the employee's licenses, employees must present their drivers license to their supervisor at the time of their annual performance evaluation. At that time a check with the Department of Motor Vehicles will be conducted solely to determine if the license is valid. Between performance evaluations, if an employee's drivers license is revoked, suspended or otherwise made invalid, the employee must inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. An employee who does not possess a valid California Drivers License will be considered for a non-driving assignment, 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 3-year period. When no non-driving assignment is available, employees may request a leave of absence for a period up to one year. 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. -16- 2.2D SUBSTANCE/ALCOHOL ABUSE PROGP~qM The City and WCE agree that the use and being under the influence of alcohol and/or drugs on the job detrimentally affects the work performance, safety, security, and public confidence of represented employees and the health and welfare of the citizens of Chula Vista. The City and WCE agree to meet in an effort to formulate a mutually agreeable substance/alcohol abuse program that may include voluntary counseling under appropriate circumstances. It is acknowledged that the program will utilize "probable cause" criteria as a basis for substance testing. Nothing in this provision shall be construed to limit or otherwise diminish any rights the City may have under existing law to require an employee to submit to substance abuse testing nor shall it prohibit the City from introducing a detection and substance abuse testing program to the extent permitted by law if a mutually agreeable program cannot be developed. 3.u1 PROHIBITED PRACTICES A. WCE pledges it shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. B. Should any unit employees during t~e term of this Memorandum of Understanding breach the obligations of Paragraph I, the City Manager or his designee shall immediately notify WCE that an alleged prohibited action is in progress. C. WCE s~all forthwith, and in any event, within eight working hours disavow said strike or other alleged prohibited action, shall advise such members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. D. If WCE disavows t~e prohibited activity and takes all positive actions hereunder in good faith, the City shall not hold WCE financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. E. Should WCE during the term of this Memorandum of Understanding breach its obligations or any of them under this section, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. -17- 3.02 TERM This Memorandum of Understanding shall remain in full force and effect from July 1, 1986 up to and including 12:00 midnight of June 30, 1987. This agreement shall continue in effect year by year unless one of the parties notifies the other in writing on or before March l, 1987, of their desire to negotiate a successor agreement. Said notification may include written proposals for such amended agreement and negotiations shall begin no later than thirty (30) days prior to expiration of this agreement. 3.03 FULL UNDERSTANDING, MODIFICATION, WAIVER A. This Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding such matters are hereby superseded or terminated in their entirety. B. Except as specifically provided herein, it is agreed and understood that WCE voluntarily and unqualifiedly waives its right to meet and confer with respect to any matter covered herein. C. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any way be binding upon the parties hereto unless made and executed in writing by the parties hereto and, if required, approved and implemented by the City Council. D. The waiver of any breach, term, or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. E. Except as specifically provided in this MOU, it is understood and agreed that any benefits and/or working conditions within the scope of representation published in the Civil Service Rules, Salary Ordinance and other resolutions and ordinances that affect benefits and/or working conditions presently in effect and not modified by this MOU, shall remain unchanged unless and until the City and WCE meet and confer in good faith pursuant to the provisions of Section 3504.5 of the Government Code and the City Employer-Employee Relations Policy concerning any such proposed changes. F. The provisions of paragraph E, above, shall not obligate either party to meet and confer on any issue for the term of this MOU except as provided herein. -18- 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. ..... Oames L. Wright / ~~ASmUs Assistant City Manager Executive DiYector Chief Negotiator Western Council of Engineers City of Chula Vista WPC 2218E -lg-