HomeMy WebLinkAboutReso 1983-11387
RESOLUTION NO. 11387
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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 1983-84
The City Council of the City of Chula Vista does hereby
resolve as follows:
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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 hereto-
fore 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 seg. of the Government Code
of the State of California, and
WHEREAS, the Memorandum of Understanding jointly pre-
pared 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 refer-
ence 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 sald Memo-
randum of Understanding as contained in Exhibit "A" for fiscal
year 1983-84.
Presented by /-"-'-'-~""
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<.../"Signe A. Th Director
of pers'oQne
Approved as to form by
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Attorney
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ADOPTED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 27th day of Sf'ptf'mnf'r
19 83 ,by the following vote, to-wit:
McCandliss, Scott, Malcolm, Cox, Moore
AYES: Councilmen
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NAYES: Councilmen
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ABSTAIN: Councilmen
ABSENT: Councilmen
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None
None
None
ATTEST
RCe
City of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
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I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Califo~nia,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11387
,and that the same has not been amended or repealed.
DATED
( seal)
City Clerk
CC-660
EXHiBiT
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MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT BEWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAPTER,
WESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR 1983-84
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1.01 PREAMBLE
1.02 RECOGNITION
1.03 CITY RIGHTS
1.04 W.C.E. RIGHTS
2.01 WAGES
2.02 OUT OF CLASS ASSIGNMENT
2.03. EXTRAORDINARY SERVICE
2.04 DEFERRED COMPENSATION
2.05 MILEAGE REIMBURSEMENT
2.06 WORKWEEK
2.07 OVERTIME
2.08 CALLBACK
2.09 BILINGUAL PAY.
2.10 EMPLOYEE BENEFITS
2.11 RETIREMENT
2.12 HOLIDAYS
2.13 VACATION AND SICK LEAVE
2.14 LEAVE OF ABSENCE
2.15 MILITARY LEAVE
2.16 JURY DUTY
2.17 CAREER ADVANCEMENT
2.18 LABOR MANAGEMENT COOPERATION
3.01 PROHIBITED PRACTICES
3.02 TERM AND EFFECT OF M.O.U.
3.03 AID TO CONSTRUCTION OF M.O.U.
3.04 SAVINGS CLAUSE
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1.01 PREA"1BLE
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This MOU is entered into by the City of Chula Vista, hereinafter referred to
as the "City," and the Chula Vista Chapter, Weste~n Council of Engineers,
hereinafter referred to as the "WeE."
1.02 RECOGNITION
The City recogni zes the WCE as excl usi ve representati ve for the employees in
the City of Chula Vista that are employed in the following classifications:
Associate Civil Engineer
Assistant Civil Engineer
Junior Civil Engineer
Pl an Checker I I
, 1.03 CITY RIGHTS
Nothing contained herein shall be construed to restrict any legal or inherent
exclusive .City rights with respect to matters of legislative or managerial
policy. .
, The exclusive rights of the City shall include, but not be limited to:
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Establish, plan for, and direct the work force toward the organizational
goals of the City government.
Determine the organization, ,and themerit"s, necessity, and level of
activity or service provided to the public.
Determine the City budget.
Establish, regulate and administer a merit or civil service system which
provides for all types of personnel transactions, including, but not
limited to, determining the procedures and standards for the hiring,
promotion, transfer, assignment, layoff, retention and classification of
.positions in accordance with the City Charter, Civil Service Rules, and
established personnel practices.
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Discipline or discharge employees.
Determi ne the methods, means, numbers and kinds of personne 1, and the
job or position content required to accomplish the objectives and goals
of the City.
Subcontract out vari ousservi ces currently performed by City work force
when such actions will result in cost savings to the City.
Effect a reduction in authorized positions.
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Take actions necessary to carry out the mission of the City in
emergencies and in other situations of unusual or temporary
circumstances.
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Continue to exercise efficient and productive management practices
consistent with Federal and State laws and in compliance with the City
Charter and City ordinances.
Exerc i se of City ri ghts shall not breach liCE's ri ght to m-eet and consult in
those areas legally required \~hen consequences of contemplated action may
affect employees' wages and working conditions.
1. 04 WCE RIGHTS
WCE employees shall have the right to:
_I. Be provided a reasonable amount of space on relevant City bulletin
boards for legitimate communications with members.
II. 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. .
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II 1. Be provi ded without charge a copy each of the FY 83-84 r~emorandum
of Understanding.
IV. Be allowed reasonable access to employees of the unit at their
work locations during working hours for the purpose of consulting
with employees in the unit regarding the empl oyer-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 hi s desi gnated representative when contacti ng
departmental employees during the duty period of the employees.
The department head shall determi ne the appropri ate time for such
acces s.
V. Designate two (2) employees plus alternates \~ho serve as official
representatives. Such persons shall be released from work,
without loss of compensation, when formally meeting and conferring
wi th management representatives on matters wi thi n the scope of
representation. One member shall also be released from work
'II'; thout 1 ass of compensati on when meeti ng with management
representatives on matters pertaining to an allowabl e grievance
item.
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VI. Be provided, upon request, such literature and public documents as
may be necessary (i .e., City budget, Workers Compensation
benefits). A reasonable duplication charge may be made for items
not normally available for wide distribution.
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VII. 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
WeE.
2.01 WAGES
I.
Effective the first payroll period commencing July 1983 (July 8,
19831, classifications represented by' WCE shall be granted a
salary increase of six percent (6%1. Assistant Civil Engineer may
receive five (5) percent additional compensation for possession of
a certificate of registration as a professional civil engineer in
the State of California.
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II. All other payroll and wage changes, such as merit increases, shall
be made effective at the beginning of the regular pay period
closest to the date of change.
II I. Distribution of paychecks shall be done only on regul ar paydays
except in an emergency, when employees may receive their check on
a day other than a regul ar payday if a memo is di rected from the
Department Head to the Finance Officer justifying the request.
IV. All classifications represented by WCE may receive a maximum of
two \~eeks vacati on pay in advance. Vacati on pay in advance wi 11
be made on a regular payday provided the employee notifies the
Fi nance Department ten working days pri or to the payday on whi ch
payment is desired.
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2.02 OUT OF CLASS ASSIGNMENT
In the absence of an el i gi b 1 e 1 i st, and upon the recommendati on of the
Department Head and the Director of Personnel, and with approval of the City
Manager, a unit member may be temporarily appointed to a vacant position if he
or she meets the des i rab 1 equal ifi cati ons. The vacancy coul d be as a result
of a resi gnati on, reti rement, extended 1 eave, extended vacati on, or extended
ill ness. He or she shall recei ve a mi nimum compensati on equal to 5% over
their current salary, or Step A of the new salary range, whichever is higher.
The effective date of such increase will be the eleventh working day of the
temporary appointment. Employees so appointed will maintain their status in
their regular position and receive earned salary increases if they otherwise
would be eligible.
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
mi ddl e manage'lllent \~oul d apply.
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2.03 EXTRAORDINARY SERYICE
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 I below for extraordinary service pay shall initiate a
formal memorandum to their division head stating their belief of eligibility,
outlining the facts that make them eligible, and indicating the amount of
extraordinary service pay that they believe is appropriate. The division head
will review this memorandum and forward it with recommendation to the
depa rtment head not later than ten (1 O) \~ork i ng days after recei pt 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:
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1.
Eligibility shall be determined by one or more of the following
criteria:
A. The represented employee has performed outstandi ng work at
their current job classification level such as (but not limited
to):
(l) Volume and/or quality of work produced greatly exceeds normal
standa rds.
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(2) Completion of work resulting in_tangible and significant cost
savi ngs.
B. The represented employee has completed or is currently
working on an assignment which calls for a substantial degree of
greater responsibil ity and/or, professional expertise than their
current job classification requires and they are not eligible or
receiving out of class compensation.
C. The employee has developed an innovative program that will
provide substantial overall benefit or cost savings to the
department or City.
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II.
Implementation Procedures:
A. 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.
B. 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.
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III. Limitation - The total amount available for differential salary
bonuses for extraordi nary service compensati on shall not exceed
2.5% of the gross salaries of all engineers covered by the
Memorandum of Understanding.
2.04 DEFERRED CDMPENSATIOt~
WCE members shall be eligible to participate in the City's approved Deferred
Compensation Plan administered by Great Western Savings.
WCE members have the option of placing a total of 7'f, of base salary into a
"deferred compensati on" pl an \~hi ch is based upon the employee contri buti on to
the Public Employees' Retirement System. Employees in this unit are advised
that there may be a question as to the practicability of such a plan and they
could, as a result of an adverse I.R.S. or judicial ruling, be ineligible for
such a plan or it may later be determined by I.R.S. that such contributions
, are ordinary income and subject to taxation as such.
2.05 MILEAGE REIMBURSEMENT
Employees in this unit shall be subject to the City's Mileage Reimbursement
Program when required to use their private automobile for authorized City
business.
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26t per mile - first 200 miles
24t per mile - next 300 miles
22i per mile - over 500 miles
2.06 WORK WEEK
The normal work period shall consist of 80 hours during each 14 calendar days
coinciding with the City pay period. However, members of the represented unit
may be permitted by the City Engineer or the Director of Building & Housing to
work a flexible schedule provided not more than eighty hours (80) are
desi gnated in the fourteen (14) day peri od (0001 Fri day to 2400 Thursday).
Core hours, during which an employee must \~ork, shall be between 9:00 a.m. and
4:00 p.m. on a scheduled day of work. Arrival and departure times shall be
established by employee's immediate supervisor and may be changed upon
reasonable notice.
2.07 OVERTIME
1.
Oefi niti on - \~henever an employee is ordered, in the interest of
the efficiency of their department, to render overtime service
beyond the normal work week delineated for their classification,
the employee shall be granted compensatory time or overtime pay at
the rate of one and one half times their regular hourly rate or
ooe and one halftimes the number of hours worked, in accordance
with this section. Such overtime work shall be only at the
direction of, and first approved by, the Employee's immediate
supervi sor.
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Payment for overtime shall be made during the pay period wherein
the overtime was earned. A record of compensatory overtime earned
and uti] ized shall be maintained on the. biweekly pay records.
Compensatory overtime may not be accrued to an employee's credit
for any time in excess of forty hours. Reimbursement for overtime
wi th time off or pay wi 11 be at the opti on of the supervi sor and
the department head based on the employee's request \~hile
recognizing the overall departmental staffing requirements.
II.
Administration of Overtime
A. WCE members \~ho are hel d over their normal work shift shall
be pai d at one and one half times the 'basic rate of pay for all
time in excess of 1/2 hour. Time worked over the scheduled shift
that is less than 1/2 hour shall be paid at the .employee's regular
hourly rate and may not be accumulated for overtime purposes.
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2.08 CALLBACK
Whenever employees are called back to work after they left the work site and
are required to return to work before the scheduled start of the next shift,
they will receive a $20 bonus in addition to actual overtime worked.
(Exception: When notification to report to llOrk on a nonscheduled shift is
given to the employee prior to leaving the work site, it shall not constitute
callback. )
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2.09 BILINGUAL PAY
WCE members \~ho upon recommendati on of the department head, approval of the
Personnal Department and City Manager,' and' successful completion of a
Bilingual Performance Evaluation are required to continuously use their
bil ingual skill s in the performance of their duties, will receive $25 a month
in addition to their regular pay.
2.10 EMPLOYEE BENEFITS
I. Cafeteria Style Benefit Plan
A. Descri pti on of Program Effecti ve July 1. 1983, each
represented member will receive $1,262.50 during FY 1983-84 to be
used for employee benefits. Wi th a cafeteri a system, employees
select or "purchase" benefits from a group of available optional
programs. Each benefit has a doll ar cost and employees purchase
the desired benefits until the allocated benefit allowance
($1,262.50) has been expended. Benefi t sel ecti ons wi 11 be made
once per year. Payroll deductions can onlY be made to purchase
benefits in excess of the total benefit all owance for employee
dependents' coverage. (For exampl e, if the employee util i zes the
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entire $1,262.50 for employee health, dental and eye coverage, the
cost of dependent coverage or any part thereof could be in payroll
dedlJction.) If the desired benefit options are selected, and the
employee has not utilized the entire benefit allowance
($1,262.50), there will be no cash pay-out of the remaining
all owance.
B.' Content of Program - The Cafeteri a Benefi t P1 an wi 11 consi st
of one mandatory selection and additional optional selections,
subject to the limitations in I.
1. Mandatory Selection -
Hospital, Medical and Life Benefits (Employee)
Each represented employee must select one of the two medical plans
(desi gnated Travel ers Comprehensi ve Medi ca1 Expense Benefit P1 an
or the approved Kai ser Pl an) offered by the Ci ty for health
protection. Employee coverage includes a $3,000 group term life
policy.
2. Optional Selections (Subject to Limitations in I) -
a. Hospital/Medical Care Benefits (Dependents)
Each represented employee may sel ect ei ther the desi gnated
Travelers Comprehensive Medical Expense Benefit Plan or the
approved Kaiser Plan to provide dependents' medical insurance
coverage. The City wi 11 contri bute an equal dollar amount of the
Travelers Plan toward the cost of the Kaiser Plan, with the
employee paying the excess.
b. Supplemental Life Insurance
Each represented employee may purchase additional group life
insurance in addition to t~$3,000 group term 1 ife insurance
provided by the City under #1 above.
c. Reimbursable Programs
A represented employee may select to receive reimbursement for the
following expenditures. The reimbursements, however, will be
calculated as a portion of the $1,262.50 total allocation. (For
example, if an employee desires to receive reimbursement for
tuition totaling $900, the maximum reimbursement allowable would
De $845.50, due to the mandatory $417* cost of the Employee Health
Insurance. )
*cost Gf employee health insurance shown for illustration only.
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II.
(1) Vision and Dental
Each represented employee may apply any rer.lal nl ng porti on (after
mandatory costs 'are paid~to vision and dental costs on a
reimbursement basis. Employees remain free to be attended by
professional eye or dental personnel of their own choosing.
(2) Tuition Reimbursement
Employees may select to receive reimbursement for professional or
technical --COurses directly related to career development.
Employees must obtain approval of the department head and the
Director of Personnel prior to enrollment in the desired course.
(3) Professional Enrichment
Employees may select to receive reimbursement for professional and
technical activities (including cost of seminars, conferences,
professional related dues, job related books, etc.) that will
contribute to the employees' professional growth. Employees must
receive prior authorization and approval of their department head
and the Director of Personnel prior to expenditure of funds to be
claimed for reimbursement.
(4) Physical Exam
Employees may sel ect to recei ve reimbursement for a vol untary
physical exam from the physician of their choice.
(5) ~~iscellaneous Categories
Employees may elect to apply any remalnlng portion (after
mandatory costs are pai d) towards the $100 Travelers deductible
costs and the 20% uncovered Travel ers costs, City-approved
professional membership dues and any 'additional Kaiser costs above
those provided for the Travelers Plan.
Additional Benefit
A. Long-Term Disability
The City will contribute up to nine-tenths percent (.9%) of
employee base salary for an approved Standard Long-Term Disability
Plan.
III. Market Basket Administration
From June ] 1 through June 30
reiabursement under the Ci ty' s
for "emergency. expenses only.
of the fiscal year, requests for
"Cafeteri a Pl an" wi] 1 be approved
An emergency is defi ned as an
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unforeseen occurrence or combination of circumstances \~hich
necessitated 1l'lll1Tediate acti on. Requests for reimbursements for
purchases made by ellljlloyees after June 11 for those i terns and
services rendered which are not of a routine nature will be
revi ewed on an i ndjvi dua 1 bas is by the Benefi ts Cl aim Cl erk and
Director of Personnel to determine if an emergency existed. Upon
approval of emergency requests, reimbursements will be granted.
Examples:
1. Emergency medical expenses not covered by insurance for an
illness that requires the services of a doctor, clinic, or
hospi tal i ncl udi ng auxi 1 i ary services -( emergency transportati on,
1 ab tests, prescri pti ons and so forth) wi 11- be covered. Note:
medical expenses incurred as a result of accident are covered 100%
by both insurance plans and therefore not reimbursable through the
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2. Emergency Vision Expenses-Repair of
replacement of lost contact lenses will
routine eye exam, spare glasses, etc.).
3. Emergency Dental Expenses-Reimbursements for expenses
associ ated wi th toothaches, broken teeth, impacted wi sdom teeth,
root canal s, etc. will be covered. (Not: routine dental work
done as a result of an exam done after June 1.)
broken eyeglasses or
be approved. (Not:
WCE agrees to assist the City in health plan_ cost containment
I efforts. To do thi s, WCE agrees to support the concepts of
preferred provider organization plans and pre-hospitalization
concurrent admi ssi on revi ew pl ans. At the times these programs
are available, WCE agrees to meet and confer on the adoption of
said plans if positive effects on employee health benefits can be
obta i ned.
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RETIREMEllT
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II.
The City shall provi de the 2% at 60 reti rement for mi scell aneous
employees as provided for under the Public Employees Retirement
System.
All refunds of employee contributions or additional costs of
el1l1l1oyee retirement contributions mandated by the courts and/or
requested by l'HI.S because of court deci s ions duri ng the 1 i fe of
the contract will be reimbursed to or paid by the employee.
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2.12 HOLIDAYS
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I.
Hard Ho 1 i days - Duri ng the term of thi s agreement, the recogni zed
holidays are:
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City Offices Closed
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Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas
New Year's Day
Memo ri a 1 Day
July 4, 1983
September 5, 1983
November 24, 1983
November 25, 1983
December 25, 1983
January 1, 1984
May 28, 1984
07/04/83
09/05/83
11/24/83
11/25/83
12/26/83
01/02/84
OS/28/84
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A. Holiday Pay Employees shall receive eight (8) hours pay at
their regular hourly rate for each hard holiday payable during the
pay period in which the regular holiday occurs.
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B. Holiday Worked - In those cases where an employee is required
to render servi ce on New Year's Day, Memori al Day, Independence
Day, Labor Day, Thanksgi vi ng Day, the Day after Thanksgi vi ng or
Christmas Day, said employee shall be granted compensation for
such overtime at one and one half times their regular hourly rate.
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C. If a hard holiday falls on a Saturday, the preceding Friday
shall be observed as the holiday. If a hard holiday falls on a
Sunday, the following Monday shall be observed as the holiday.
Fl oati ng Hol i days:
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II.
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A. Amount - Effective the first pay period in July 1983,
employees shall be credited with thirty-two (32) hours floating
holiday time, eight hours each for: 'Lincoln's Birthday,
Washi ngton' s Bi rthday, Admi ssi on Day and Veteran's Day. Employees
may take floating holiday time at their discretion with. the
approval of their department head.
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B. 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.
2.13 VACATION AND SICK LEAVE
I. Definition - For the purpose of this section, the following
definitions shall apply:
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A. "Continuous Service" means City servi ce uni nterrupted by
. separati on.
0 B. "In termi ttent servi ce" means City servi ce interrupted by
separation.
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C. "Time worked" i ncl udes actual time worked, hol i days with pay,
and leave of absence without pay (not to exceed one year) for
which Horkers Compensation is paid. It shall also include
. Saturdays, Sundays, or other regul ar days off which are
immediately preceded or immediately followed by other time worked.
II.
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 (1) year for which Horkers Compensation is paid.
Vacation
A. Vacation Accrual - Continuous service: Each employee paid at
a biweekly rate who has had continuous full-time active service
throughout the year previ ous to that in which the vacati on is
requested shall be entitled to an annual vacati9n 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. El i gibil ity to apply for accrued vacati on will be
effective on the employee's six month anniversary date.
(2) Employees \1ill accrue and be eligible to receive 10 working
days annually (cumulative to a total leave balance of 20 working
days) duri ng the second through fourth year of servi ceo Thi s
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) duri ng the fifth through fi fteenth 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 el igible 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
e~cess of the two-year limitation will be lost.
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III.
(5) Vacation accrual rate changes will become effective at the
beginning of the pay period closest to the actual date of change.
B. Each part-time employee paid at a biweekly rate shall be
entitled to vacation with pay. The number of working days of such
vacation shall be computed on the basis set forth in subsection
(2), (3), or (4) and shall be in the proportion that such
part-time employment bears to full-time employment.
C. Employees separated from the City service, whether
voluntarily or involuntarily, shall be granted all of the unused
vacation to which they are entitled based upon continuous service
computed on the basis set forth in subsections (2), (3), and (4).
Where the total allowance ends with a fracti on of a day, the
vacation shall be computed to the nearest whole day, one-half day
being computed to the next whole day.
O. Vacation Use - Vacation leave balances shall be reduced for
actual time not worked to the nearest quarter hour for reasons
all owab 1 e under thi s secti on. Absence may not be charged to
vacation not already accumulated.
Si ck 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 di sabi 1 ity due to i nj ury or ill ness of
the employee or members of their immediate family.
B. Si ck Leave Accrual - Computati on of si ck 1 eave: Si ck 1 eave
with pay is cumulative at the rate of 3.68 working hours for each
biweekly pay period of service, 96 hours annually, beginning at
the time of full-time probationary employment. A person who has
held a position with temporary or interim status and is appointed
to a position with probationary status, without a break in
service, may have such time credited to sick leave upon the
recommendati on of the department head and Oi rector of Personnel
and with the approval of the City Manager.
C. Maximum Sick Leave Accumulation - Unused sick leave may be
accumulated in an unlimited amount.
O. Sick Leave Use - Sick leave balances shall be reduced for
actual time not worked to the nearest quarter hour for reasons
all owab 1 e under thi s secti on. Absence for illness may not be
charged to sick leave not already accumulated.
E. Si ck
require a
veri fyi ng
Leave Verification - The City may, in its discretion,
doctor's certificate' and/or a personal sworn affidavit
the nature, severity and cause of the disabling injury
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or illness of the employee in order to determine eligibility for
sick leave. If an employee is to be required to furnish a
doctor's certificate, the employee shall be notified by their
surpervisor that a doctor's certificate shall be required when
the employee notifies the City that they will be absent by reason
of illness or disability.
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F. Bereavement Leave - When an employee with permanent status is
compelled to be absent from work because of the death of an
immediate family member, an immediate family member of the
employee's spouse, or any other person defined by the Internal
Revenue Servi ce as a dependent, and after such employee makes
wri tten request and recei ves written approval from the depa rtment
head, such employee may be allowed the privilege to be absent from
work with full pay up to three (3) days, plus. reasonable travel
time. Travel time will be actual time used not to exceed five (5)
calendar days. Paid leave of absence for family death shall be
charged to sick leave.
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G. Sick Leave Reimbursement -
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(1) \"CE members employed on June 30, 1979, or before and with
five (5) or more years of service before separation from the City
shall be allowed to receive twenty-five percent (25%) payment for
up to 120 days of unused sick leave upon honorable separation from
the City. The fifty percent (50%) survivor's benefit is also to
be made avail ab 1 e 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 G (2), (3), (4), (5),
and (6) except for the 50% survivor.'s benefit.)
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(2) 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 t\~enty-five percent (25%) of their remalnlng
yearly sick leave pay. (The provisions of G(l) shall not apply
to WCE members employed after June 30, 1979.)
(3) Pay shall be computed based on the following schedul e 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 1 ess 0
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(4) If the pay option is selected, the paid sick leave hours
shall be subtracted from the employee's accumul ated yearly sick
leave balance. The remaining sick leave hours shall be carried
over and acculllulated. (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 thei r remai ni ng yearly
sick leave and the other 6 days are added to the employee's
accumulated sick leave balance.)
(5) Payment wi 11 be made du ri ng the month of July of each yea r.
Pay will be computed based on the employee's salary step on
June 30.
(6) Payment will be made only to members on the payroll twelve
consecuti ve months pri or to the payoff calcul ati on. Permanent
employees who retire during the fiscal year will be compensated
under this plan based upon their formal retirement date. Prorated
payments will not be made to employees who terminate during the
fiscal year. However, in the event of the death of an individual
while employed by the City, 50% of the. employee's unused,
accumulated sick leave will be paid to the appropriate
benefi ci ary. (Thi s secti on does not apply to WCE members
designated in Section G (1).)
2.14 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 Ci ty, increase thei r useful ness on thei r return to the
classified service or who, for any reason considered to be in the best
interest of the City government by the appointing authority and the Director
of Personnel, desire to secure leave from their regular duties may, on written
request, subject to the recommendation of the Department Head and the Director
of Personnel, and wi th the approval of the City, Manager, be granted leave of
absence without payor benefits for a period not to exceed one year.
Emp 1 oyees ask i ng for 1 eave of absence without pay shall submit thei r 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 '1 ist for the class as provided for in the Civil
Servi ce rul es. If a request for 1 eave is deni ed, a copy of such request and
the reasons for denial shall be sent to the Civil Service Commission.
2.15 MILITARY LEAVE
Military leave shall be granted in accordance with the prOV1Slons of
applicable State and Federal laws (California Military and Veteran's Code).
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2.16 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
a ttend Court as a prospecti ve juror or serve as a juror upon immedi ate
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 wi th the Di rector of Fi nance for credi t to the proper fund.
2.17 CAREER ADVANCEMENT
The Junior Civil Engineer classification will be co~sidered 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
(l) fulfillment of minimum qualifications and (2) forwarding of a positive
recommendati on by the rel evant appoi nti ng authority. Permanent employees who
advance from the Junior Civil Engineer classification to the Assistant Civil
Engineer level shall not be subjected to an additional probationary period.
2.1B LABOR-MANAGEMENT COOPERATION
During the term of this agreement the City agrees to explore ongoing
rel ati onshi ps \~ith thi s unit beyond the tradi ti onal negoti ati on process. The
objective is to jointly develop and implement programs designed to improve
City operations and enhance employee satisfaction~.
3.01 PROHIBITED PRACTICES
I. 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.
II. Should any unit employees during the term of this Memorandum of
Understanding breach the obligations of Paragraph I, the City
Manager or hi s desi gnee shall immedi ately notify WCE that an
alleged prohibited action is in progress.
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WCE shall forthwith, and in any event, within eight working hours
disavow said strike or other alleged prohibited action, shall
advise such members orally and in writing to immediately return to
work and/or cease the prohi bi ted acti vi ty and provi de the Ci ty
Manager wi th a copy of its advi sement or, alternati vely, accept
the responsibility for the strike or other prohibited activity.
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If WCE disavows the prohibited activity and takes all positive
actions hereunder in good faith, the City shall not hold WCE
financially or otherwise responsible. The City may impose such
penalties or sanctions as the City may appropriately assess
against the participants.
Shoul d WCE duri ng the term of thi s t1emorandum of Understandi ng
breach its obligations or any of them under this section, it is
agreed that the City shall pursue all legal and administrative
remedies available to the City that in its discretion it may elect
to pursue.
3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING.
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L This Memorandum of Understanding shall remain in full force and
effect from JUly 1, 1983, up to and including 12:00 midnight of
June 30, 1984. This agreement shall continue in effect year by
year unl ess one of the parti es notifi es the other in writi ng no
later than March 1, 1984, of its desire to commence negotiations
on provi si ons of thi s agreement. Sai d notificati on shall i ncl ude
written proposals for such amended agreement and, upon receipt of
such written notice and proposal s, the City shall begin
negotiations no later than thirty days prior to the expiration of
this agreement.
II. The provisions of this Memorandum of Understanding shall be
subject to Federal, State and local law.
III. The parties agree that in the meet and confer session leading to
the Memorandum of Understanding for 1983-84, both parties had an
opportunity to di scuss all issues subject to meet and confer. At
the conclusion of the meet and confer sessions all subjects raised
by both parti es have been fully di scussed and resol ved as set
forth in the Memorandum of Understanding. Therefore, the City and
WCE, for the duration of thi s agreement, each voluntarily and
unqualifiedly \~aives the right, and each agrees that the other
shall not be obligated (except as specifically mentioned in this
Memorandum of Understandi ng) to meet and confer wi th respect to
any subject or matter referred to, or covered in this agreement.
With respect to subjects not referred to in this t1emorandum, the
parties waive their rights to meet and confer on those sUbjects
for the entire life of this agreement.
The parties further agree that the Civil Service Rules, salary
ordinance, and other resolutions and ordinances concerning matters
subject to Meyers-Milias-Brown will remain unchanged for the
durati on of thi s agreement unl ess the parti es meet and confer on
any amendments. For subjects discussed in the Memorandum of
Understandi ng, however, the sol e and compl ete agreement on that
subject is as set forth in this Memorandum of Understanding. Any
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other provisions on subjects mentioned in this Memorandum of
Undertanding existing in the other documents mentioned above will
have no force or effect for the full term of this agreement.
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3.03 AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUr~ OF UNDERSTANDING
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It is intended by the parties hereto that the provisions of the
Memorandum of Understanding shall be in harmony with the rights,
duties, obligations and responsibilities which by law devolve upon
the Ci ty Counc il , Ci vil Servi ce Commi ss i on, City Manager and
department heads, and these provisions shall be interpreted and
applied in such manner. .
The lawful provisions of this Memorandum of Understanding are
binding upon the parties for the term thereof except as herein
provi ded.
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3.04 SAVIIIGS CLAUSE
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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
compl iance \~ith 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 s art le or section.
James L. Wright
Executive Director
Western Council of
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Engin~ers
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Direct of Personnel
Chief Negotiator
City of Chula Vista
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WPC 0327A
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