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HomeMy WebLinkAboutReso 1979-9636,. RESOLUTION NO. 9636 RESOLUTION OF THE CI' VISTA APPROVING THAT STANDING CONCERNING ~ OF EMPLOYMENT BETWEE] CHULA VISTA CHAPTER, FISCAL YEAR 1979-80 I'Y COUNCIL OF THE CITY OF CHULA CERTAIN MEMORANDUM OF UNDER- n1AGES AND OTHER TERMS AND CONDITIONS V THE CITY OF CHULA VISTA AND THE WESTERN COUNCIL OF ENGINEERS FOR The City Council of the City of Chula Vista does hereby re olve as follows: WHEREAS, the Managem th City Manager of the City be alf of the City Council of he etofore met and conferred Co ncil of Engineers, an orga of classified employees in th wi h the provisions of 5ectio Co e of the State of Californ ant Negotiation Team representing ~f Chula Vista, acting for and on the City of Chula Vista, have with the Chula Vista Chapter, Western zization representing certain members City of Chula Vista, in accordance Z 3500 et seq. of the Government ~a, and WHEREAS, the Memoran um of Understanding jointly pre- pa ed by said parties as a re ult of meeting and conferring in go d faith has been presented to the City Council and is contained in Exhibit "A", attached here o and incorporated herein by ref- er nce as if set forth in ful . NOW, THEREFORE, BE I th City of Chula Vista does ra dum of Understanding as co Ye r 1979-80. Pr sented by ~% Lade F'. Cole, City Manager C RESOLVED that the City Council of iereby approve and accept said Memo- ztained in Exhibit "A" for Fiscal Approved as to form by George D. indberg, City Attorney ADOPTED AND APPROVE CH LA VISTA, CALIFORNIA, this by the following vote, to-wit: by the CITY COUNCIL of the CITY OF 26th day of June , 197 9 , AY~S: Councilmen Scott, Cod, Egdahl, Hyde, Gillow S : Councilmen None NT : Councilmen None ~~ ~ -~ Mayor of the City of Chula Vista AT~'ES y(c:1er ST TE OF CALIFORNIA) CO NTY OF SAN DIEGO) ss. CI Y OF CHULA VISTA) Ci a sa I, .y of Chula Vista, Californ a, DO HEREBY CERZ :ull, true and correct copy of Resolution No. ne has not been amended or epealed. DATED City Clerk of the IFY that the above is and that the City Clerk J, ~1EMORANDUM OF UNDERSTANDING CO JF EMPLOYMENT BETWEEN THE CITY ,dESTERN COUNCIL OF ENGINEERS II ~~~I,I r ERNING WAGES AND OTHER TEP,MS AND CONDITIONS F CHULA VISTA AND THE CHULA VISTA CHAPTER, 1.01 PREAMBLE 1.02 RECOGNITI N 1.03 CITY RIGH S 1.04 W.C.E. RI HTS 2.01 WAGES 2.02 OUT OF CL SS ASSIGNMENT 2.03 EXTRAORDI ARY SERVICE 2.04 DEFERRED OMPENSATION 2.05 MILEAGE R IMBURSEMENT 2.06 TUITION EIMBURSEMENT 2.07 WORK4JEEK 2.08 OVERTIME 2.09 CALLBACK 2.10 BILINGUAL PAY 2.11 HEALTH AN GJELFARE 2.12 RETIREMEN 2.13 HOLIDAYS 2.14 VACATION ND SICK LEAVE 2.15 LEAVE OF BSENCE 2.16 MILITARY EAVE 2.17 JURY DUTY 2.18 CAREER AD ANCEMENT 2.19 LABOR MAN GEMENT COOPERA,`.ON 3.01 PROHIBITE PRACTICES 3.02 TERMS AND EFFECT OF P1.O.U. 3.03 AID TO CO STRUCTION OF f~1.0.U. 3.04 SAVINGS C AUSE ~~36 1.Oll ~ PREAMBLE This MOU is entered into by t e City of Chula Vista, hereinafter referred to as the "City", and the Chula Vista Chapter, Western Council of Engineers, hereinafter referred to as th "4JCE". 1.0~ RECOGNITION The City recognizes the ~~JCE a exclusive representative for the employees in the City of Chula Vista that are employea in the following classifications: Associate Civil Assistant Civil Junior Civil En Plan Checker II 1.03 CITY RIGHTS Nothing contained herein shall inherent exclusive City rights or manageria] policy. The exclusive rights of the Ci the right to: Engineer Engineer ineer be construed to restrict any legal or with respect to matters of legislative shall include, but not be limited to, Establish, plan for, and ~irect the work force toward the organizational goals of t e City government. Determine the organizatio and the merits, ,acessity, and level of ac~~vity or se~vice pr vi~'ed to the public. Determine the City budget Establish, regulate and a minister a merit or civil service system which provides for all types of personnel transactions, including, but not limite to, determining the procedures and standards for the hiring, promotion, transfer, assignment, lay off, retention, and class fication of positions in accordance with the City Charter, Ci it Service Rules, and established personnel practices. Discipline or discharge er~ployees. Determine the methods, me ns, numbers, and kinds of personnel, and the job or position Conte t required to accomplish the objectives and goals of the City. Effect a reduction in autf~orized positions. Take actions necessary to~carry out the mission of the City in emer- gencies and in other situ tions of unusual or temporary circumstances. qb i~ 2 .. Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City or finances. 1.0~ Exercise of City rights shall not breach WCF's right to meet and consult in those areas legally required hen consequences of contemplated action may affect employees' wages and w rking conditions. WCE RIGHTS WCE employees shall have the fight to: I. Be provided a reasonable mount of space on relevant City u e in -- boards for legitimate com unications with members. II. Be granted use of City fa ilities by the appropriate authority for meetings composed of WCE embers, provided such meetings are held outside regularly schedul d working hours for the group which is meeting, and provided spa a can be made available without inter- fering with City needs. WCE agrees to -provide pro er advance notice of such meetings and pay any contingent costs of s curity, supervision, damage and cleanup. ~~~ III. Be allowed reasonable acc locations during working employees in the unit reg provided that (1) the wor public are not unduly imp stall have given advance Hated representative when the duty period of the em the appropriate time for IV. Designate two (2) employeE representatives. Such pei loss of compensation, wher management representative One member shall also b~e when meeting with managlem~ an allowable grievance 'its V. Be provided, upon request be necessary (i.e., City reasonable duplication'ch available for wide distri ss to employees of the unit at their work ours for the purpose of consulting with rding the employer-employee relationship, of the employee and the service of the fired, and (2) the authorized representative otice to the department head or his desig- contacting departmental employees during loyees. The department head shall determine uch access. plus alternates who serve as official ons shall be released from work, without formally meeting and conferring with on matters within the scope of representation. ~leased~from,work without loss of compensation t representatives on matters pertaining to such literature and public documents as may udget, Workers' Compensation benefits). A rge may be made for items not normally ution. VI. The-City of Chula Vista s all bill WCE far costs incurred for dues deduction in behalf of WC in an amount not to exceed 4~ per member per pay period. 3. 2.01 WAGES I. Effective the first payro 1 period commencing July, 1979, classifications represented by WCE shall e granted salary increases as follows: Associate Civil Engineer 7 1/2% *Assistant Civil Engineer 7 1/2% Junior Ci it Engineer 7 1/2% Plan Chec er II 7 1/2% II. Effective the first payro 1 period in January, 1980, classifications represented by WCE shall e granted salary increases as follows: Associate Civil Engineer 5% Assistant Civil Engineer 4% Junior Ci it Engineer 4% Plan Chec er II 3 1/2% 2.0~ 2.0~ 2. *As po th ~~~ Merit increases will be g anted at the beginning of the payroll period closest to the employee's actual qualifying date. III. OUT OF CLASS ASSIGNMENT WCE members who are assigned, normal duties of higher level compensated at a rate 5% abov working day. Z EXTRAORDINARY SERVICE with the approval of the department head, the positions for more than 20 working days, vrill be their current s«lary, commencing the twenty-first The City will offer a differe tial of up to se~;•~n and one-half (7 1/2) percent to those E Step employees who qualify. Criteriar~r eligiLii•ty wi11 oe• develcped jointly with employ e association representatives. Recommendation for the differential will be t the discretion of the department head, subject to the approval of the City M Hager. The duties/productivity of relevant individuals will be reviewed t least every three (3) months and a determination made regarding continuance of the differential. DEFERRED COP1PENSATION WCE members shall be eligible~to participate in the City's approved Deferred Compensation Plan administere by Great Western Savings. WCE members have the option o "deferred compensation" plan to the Public Employees' Reti vised that there may be a que and they could, as a result o eligible for such a plan or i contributions are ordinary in placing a total of 7% of base salary into a hich is based upon the employee contribution ement System. Employees in this unit are ad- tion as to the practicability of such a plan an adverse I.R.S. or judicial ruling, be in- may later be determined by I.R.S. that such ome and subject to taxation as such. Distant Civil Engineer may receive five (5) percent additional compensation for >session of a certificate of reg stration as a professional Civil Engineer in State of California. 4. 2.051 MILEAuE REIMBURSEMENT Employees in this unit shall b subject to the City's Mileage Reimbursement Program when required to use t eir private automobile for authorized City business. 18¢ per mi e - first 200 miles 13¢ per mile - next 300 miles 10¢ per mile - over 500 miles 2.06 2.07 ?_, TUITION REIMBURSEMENT WCE members will be reimbursed for up to $100 per individual per fiscal year for the cost of tuition and bo ks for courses directly related to the employee's career development. Employees must obtain approval of the department head and the Training Advisory Committee prior to enrollment in the desired course. WORKWEEK The normal work period shall coinciding with the City pay unit may be permitted by the not more than eighty (80) hou (0001 Friday to 2400 Thursday shall be between 9:00 a.m. an and departure times shall be and may be changed upon reaso OVERTIME nsist of 80 hours during each 14 calendar days riod. However, members of the represented ty Engineer to work a flexible schedule provided are designated in the fourteen (14) day period Core hours, during which an employee must work, 4:00 p.m., on a scheduled day of work. Arrival tablished by employee's immediate supervisor ble notice. I. Def nition - Wh~n~ver an mplr,yee is ordered, in the interest of the efficiency of his/her department, to render overtime service beyond the normal work week delineat d for his/her classification, he/she shall be granted compensation for such overtime at the rate of one and one-half times his/her regular hou ly rate. Payment for overtime shall be made during the pay period whe ein the overtime was earned. II. Administration of Overti A. WCE members who are h ld over their normal work shift shall be paid at one and one-half times the basic rate of pay for all time in excess of 1/2 hour. ime worked over the scheduled shift that is less than 1/2 hour sh 11 be paid at the employee's regular hourly rate and may not be a cumulated for overtime purposes. 2. CALLBACK Whenever an employee is callec and is required to return to v he/she will receive a $20 bony 4Jhen notification to report tc twelve (12) hours in advance, back to work after he/she left his/her work site ork before the scheduled start of the next shift, s in addition to actual overtime worked. (Exception: work on a non-scheduled shift is given at least it shall not constitute callback.) ~~3 5. 2.1( 2.1~ BILINGUAL PAY WCE members who upon recommen Personnel Department and City Performance Evaluation, are r skills in the performance of to their regular pay. HEALTH AND 4JELFARE I. Hospital/Medical Care BenE for the designated TravelE for each eligible employeE approved Kaiser Plan, witr ation of the department head, approval of the Manager, and successful completion of a Bilingual quired to continuously use their bilingual heir duties, twill receive $25 a month in addition fits {Employee) - The City will pay the premiums rs Comprehensive Medical Expense Benefit Plan or to contribute an equal dollar amount to an the employee paying any excess: II. Hospital/Medical Care Ben fits (Dependents) - The City will pay one-half (1/2) the premium for dependent coverage for the designated Travelers Comprehensive t~1edical Expense Benefit P an or contribute an equal dollar amount to an approved Kaiser Plan, wit the employee paying the excess. III. Life Insurance - The City agrees to contribute the amount necessary to provide each eligible emp oyee with $3,000 group term life insurance. IV. Long-Term Disability - Th City will contribute up to nine-tenths percent (.9%) of employee base salary for an approved Standard long-term disability plan. 2.1a RETIREMENT The City shall provide the 2% at 6`l •etirement for miscellaneous employees as provided for under the Public Er~~~l yee's Retirement System. 2.1~ HOLIDAYS I. Hard Holidays - During the are: Independence Day Labor Day Thanksgiving Christmas New Year's Day Memorial Day A. Holiday Pay - Employ regular hourly rate in which the regular term of this agreement, the recognized holidays s shall receive eight (8) hours pay at their r each hard holiday payable during the pay period oliday occurs. B. Holiday Worked - In t ose cases where an employee is required to render service on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or C ristmas Day, said employee shall be granted compensation for such overtime at one and one-half times his/her regular hourly rate. c~~3a C. If a hard holiday falls on a Saturday, the preceding Friday shall be observed as the holid y. If a hard holiday falls on a Sunday, the following Monday shall, be observed as the holiday. 6. 2.1~ II. Floating Holidays .'~•. 'Amount - Effective the shall be credited witr hours each for: Lincc Columbus Day, and VetE holiday time at their head. B. Floating Holiday Use - before the holiday pas will be charged for su ing holiday time befor time. The smallest un is one-half hour. ~ VACATION AND SICK LEAVE I. Definition - For the pu shall apply: A. "Continuous service" first pay period in July 1979, employees forty (40) hours floating holiday time, eight ln's Birthday, t-lashington's Birthday, Admission Day, ran's Day. Employees may take floating discretion with the approval of the department - -- an employee uses floating holiday time es and subsequently leaves City service, he/she h time. If an employee does not use his float- June 30 of a fiscal year, he/she will lose such t of time chargeable to floating holiday time e of this section, the following definitions ns City service uninterrupted by separation. B. "Intermittent service' means City service interrupted by separation. C. "Time worked" include actual time worked, holidays with pay, and leave of absence with ut pay (not to exceed one year) for which blorkers' Compensation is paid. It shall also include Saturdays, Sundays, or other reg lar days off which are immediately preceded or immediately follow d by other time worked. D. "Active service" inc h not to exceed 14 caler one (1) year for whict II. Vacation A. Vacation Accrual - Cor biweekly rate who has throughout the year pr quested shall be enti1 following provisions des time worked, leave of absence without pay dar days and leave of absence not to exceed Workers' Compensation is paid. tinuous service: Each employee paid at a had continuous full-time active service evious to that in which the vacation is re- led to an annual vacation with pay. The hall 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 orking hours for each full biweekly pay period of service performed. Eligibility to apply for accrued vacation ill be effective on the employee's one year anniversary d te. (2) Employees will acc rue and be eligible to receive 10 working days annually (cumulati e to a total leave balance of 20 working days) during the second hrough fourth year of service. This benefit will be accumulate at the rate of 3.07 working hours for each full biweekly pay eriod of service performed. ~I~ ~ 7. (3) Employees will working days ani balance of 30 w~ fifteenth year ~ lated at the ra biweekly pay pe accrue and be eligible to receive 15 Dually, (cumulative to a total leave irking days) during the f~-~~n through ~f service. The benefits will be accumu- te of 4.60 working hours for each full riod of service performed. (4) Employees will ccrue and be eligible to receive 20 working days an ually, (cumulative to a total leave balance of 40 w rking days) during the sixteenth and succeeding year of service. This benefit will be accumulated at he rate of 6.14 working hours for each full biweekly p y period of service performed. Maximum Vac tion Accrual - At no time may an employee ha e more than two years of vacation leave accum lated, too credits shall be accrued above this imit and any time in excess of the two-year li itation will be lost. f~~3 B. Each employee who ha 1040 hours or more t vacation is requeste annual vacation with annual vacation steal Section (A1) and sha employment bears to Each employee wi^ ha time active service continuous part-time to that in which vac vacation with pay. shall be computed on shall be in the prop to full-time employm C. Payment Upon Separat continuously for at City service, whethe be granted all of the based upon his active he/she shall be gran active service durin~ computed on the basi allowance ends with computed to the near to the next whole da had continuous part-time active service of roughout the year previous to that in which shall be entitled in each year to an pay. The number of working days of such be computed on the basis set fort'. in 1 be ire the proportion that such part-time ull-time employment. completed ±welve months continuous part- f 1040 .curs or mo,~e, but who has not had active service throughout the year previous Lion is requested, shall be entitled to a he number of working days of such vacation the basis set forth in Section (A1) and rtion that such part-time employment bears nt. ion - At the time an employee who has served least twelve months is separated from the r voluntarily or involuntarily, he/she shall unused vacation to which he/she is entitled service in prior years, and in addition, ted vacation based upon the length of his/her ~ the year in which the separation occurs and set forth in Section (A1). Where the total ~ fraction of a day, the vacation shall be Est whole day, one-half day being computed v. 8. D. Intermittent Servic -After twelve months subsequent to the date of first emplo ment by the City, each employee who has served intermittent y shall be entitled in each computed in the man er set forth in Section( Al year to vacation ), provided that such employee shall have worked at least 180 days in the pre- ceding year before e/she shall become eligible for such vacation. To receive vacation for intermittent service, the employee must work for the City d ring the year in which vacation is due, and while so working, m st submit the proper request for vacation to the department o departments in which it was earned. Accumu- lative vacation pri ileges shall not be allowed for intermittent service. E. Vacation Use - The mallest unit of time chargeable to vacation is one half (1/2) hour. A sence may not be charged to vacation not already accumulated. III. SICK LEAVE A. Accumulated paid si k leave credit is to be used for the sole purpose of protecti-g the employee's wages in the event absence is made necessary b cause of disability due to injur or illness of the employee or ,embers of his/her immediate family. q~36 B. Sick Leave Accrual pay is cumulative a bi-weekly pay perio at the time of full has held a position appointed to a posi in service, may hav recommendation of t and with the approv C. Maximum Sick Leave . accumulated in an u D. Sick Leave Use - ThE sick leave benefits Hess may not be char E. Sick Leave Verificai The City may, in its and/or a personal sv and cause of the dig order to determine E to be required to f~ be notified by his/r be required when the absent by reason of Computation of sick leave: Sick Leave with the rate of 3-.68 working hours for each of service, 96 hours annually, beginning time probationary employment. A person who with temporary or interim status and is ion with probationary status, without a break such time credited to sick leave upon the e department head and Director of Personnel 1 of the City Manager. cumulation - Unused sick leave may be invited amount. smallest unit of time chargeable for s one-half (2) hour. Absence for fill- ed to sick leave not already accumulated. ion - discretion, require a doctor's certificate orn affidavit verifying the nature, severity, ablino injury or illness of the employee in ligibility for sick leave. If an employee is rnish a doctor's certificate, the employee shall er supervisor that a doctor's certificate shall employee notifies the City that he/sfie~will be illness or disability. 9. F.. •Bereavement Leave - compelled to be able family member, an im or any other person dependent, and after written approval fro the privilege to be plus reasonable trav not to exceed five family death shall b G. Sick Leave Reimburs 1. WCE members empla or more years of be allowed to rec 120 days of unuse City. The fifty made available to June 30, 1979 or are not eligible the 50% survivors hen an employee with permanent status`is ' t from work because of the death of an immediate ediate family member of the employee's spouse, efined by the Internal Revenue Service as a such employee makes written request and receives the Department Head, such employee may be allowed bsent from work with full pay up to three (3) days, 1 time. Travel time will be actual time used calendar days. Paid leave of absence for charged to sick leave. ed on June 30, 1979 or before and with five (5) ervice before separation from the City shall ive twenty-five percent (25%) payment for up to sick leave .upon honorable separation from the ercent (50%) survivors benefit is also to be the represented unit. WCE members employed on efore and with five (5~ or more years of service for benefits under G. 2, 3, 4, 5 and 6 except benefit.) 2. WCE members emplo ed 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 previsions of G. 1 shall not apply to WCE members em Toyed after June 30, 1979.) 3. Pay shall be comp~ted based on the following schedule and all computations shal be rounded to the nearest whole hour: Rema~!nin Yearl ick Leave Pay O ~+tion (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 ess 0 4. If the pay option is selected, the paid sick leave hours shall be subtracted from t e employee's accumulated yearly sick leave balance. The remaining sic leave hours shall be carried over and accumulated. (Example: Employ e uses 4 days sick leave. He then elects to receive pay for 2 % of remaining days, or 2 days. The 2 days are sub= tracted from his emaining yearly sick leave and the other 6 days are added to the emp oyee's accumulated sick leave balance.) 5. Payment will be m de during the month of July of each year. Pay will be computed ased an the employee`s salary step on June 30. ~b~'~ 6. Payment will be m de to an employee hired during the fiscal year provided he/she i on the payroll June 30. Permanent employees who retire during the fiscal year will be compensated under this plan based upon t eir formal retirement date. Prorated payment will be made to a employee who terminates during the fiscal year. However, in the e ent of the death of an individual while employed by the City, 50% f the employee's unused, accumulated sick leave will be paid to t e appropriate beneficiary. 10. 2.1 ~ ~ LEAVE- OF ABSENCE An employee who is mentally o duties, or who desires to ena judgment of the City, increas classified service, or who, f interest of the City governme of Personnel, desires to secu written request, subject to t Director of Personnel, and wi leave of absence without pay An employee asking for leave request in writing stating th should be granted, the date w probable date of his/her retu Personnel shall determine whe entitled to his/her former po t,rhether his/her name shall be as provided for in these rule such request and the reasons Commission. • physically incapacitated to perform his/her age in a course of study that will, in the his/her usefulness on his/her return to the ~r any reason considered to be in the best ~t by the appointing authority and the Director •e leave from his/her regular duties may, on ~e recommendation of the Department Head and the h the approval of the City Manager, be granted ~r benefits for a period not to exceed one year. ~f absence without pay shall submit his/her reasons why, in his/her opinion, the request en he/she desires the leave to begin, and the ~n. For each leave without pay, the Director of her the employee granted such leave shall be ition on his/her return from such leave or placed on the reinstatement list for the class If a request for leave is denied, a copy of or denial shall be sent to the Civil Service 2.1~ MILITARY LEAVE Military leave shall be grant d in accordance with the provisigns of applicable State and Federal laws (Calif rnia Military and Veteran's Code). 2.1~ JURY DUTY 2.1 2.1 Jury service or examination 1 ave may be allowed for all full-time probati,•~ary or permanent status employees who are required by Court Order to attend court as a prospective juror or ser a as a juror, upon immediate presentation of written proof of the exact pe iod of his/her required attendance or service to the Department Head and the Direc or of Personnel. The employee shall receive fu 1 pay during the period of such leave provided the money, except mileage or ubsistence allowance, which he/she receives as a juror is deposited with he Director of Finance for credit to the proper fund: - CAREER ADVANCEPIENT The Junior Civil Engineer cla sification will be considered as career ad- vancement to the Assistant Ci it Engineer level. Employees will not be required to undergo a promoti nal exam but will qualify for certification upon (1) fulfillment of-minim qualifications and (2) forwarding of a positive recommendation by th relevant appointing authority. LABOR-MANAGEMENT COOPERATION During the term of this agreem relationships with this and of negotiation process. The obje programs designed to improve C faction. ant the City agrees to explore on-going ier bargaining units beyond the traditional :tive is to jointly develop and implement ty operations and enhance employee satis- ~b3~e 3.0 PROHIBITED PRACTICES 3 I. WCE pledges it shall not ause, condone or counsel any of them to strike, fa 1 to fully and faithfully slow down, disrupt, imped or otherwise impair the and procedures of the Cit . . 1.1. ,• ~' its unit members or perform duties, normal functions II. Should any unit employees during the term of this Memorandum of Understanding breach the bligations of Paragraph I, the City hlanager or his designee s all immediately notify WCE that an alleged prohibited action is in p ogress. III. WCE shall forthwith, and n any event, within eight working hours disavow said strike or of er alleged prohibited action, shall advise such members orally and i writing to immediately return to work and/or cease the prohibited acti ity and provide the City Manager 4vith a copy of its advisement or, altern tively, accept the responsibility for the strike or other prohibited activ ty. IV. If WCE disavows the prohi ited activity and takes all positive actions hereunder in good faith, he City shall not hold WCE financially or otherwise responsible. T e City may impose such penalties or sanctions as the City may appropria ely assess against the participants. V. Should WCE during the ter 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 tie 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. TERh1 AND EFFECT OF MEMORANDUM bF UNDERSTANDING I. This Memorandum of Underst from July 1, 1979 up to an This agreement shall Conti parties notifies the other of its desire to commence Said notification shall in ment and, upon receipt of shall begin negotiations n of this agreement. II. It is understood and agree and the terms and conditio City documents thereof pre and until said terms and c and conferring in good fai pursuant to the provisions State of California. nding shall remain in full force and effect including 12:00 midnight of June 30, 1980. ue in effect year by year unless one of the in writing no later than Parch 1, 1980 egotiations on provisions of this agreement. lude written proposals for such amended agree- uch written notice and proposals, the City later than thirty days prior to the expiration j that any other benefits and working conditions ~s specified in this agreement or other published gently in effect shall remain unchanged unless ~nditions are modified as a result of meeting :h between the City of Chula Vista and WCE of Section 3500 of the Government Code of the r~~3~ 12. 3.0~ 3. Ci Laney F. Core, Cii=y City of Chula Vista III. The provisions of this Me~orandum of Understanding shall be subject to Federal, State and loc 1 law. IV. If at any time during the beyond the control of the sums of anticipated budge court action, then, in su reopen this Memorandum of existing or new employmen however, in no way affect employees. term of this agreement, through causes City, the City does not receive substantial ed revenues by reason of governmental or h event, the City reserves the right to Understanding and to meet and confer on all benefits provided herein. This section, the existing right of the City to lay off AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUM OF UNDERSTANDING I. It is intended by the parties hereto that the provisions of the Memorandum of Understandin shall be in harmony with the rights, duties, obligations and re ponsibilities which by law devolve upon the City Council, Civil Service Commission, City Manager and depart- ment heads, and these provisions shall be interpreted and applied in such manner. II. The lawful provisions of upon the parties for the SAVINGS CLAUSE If any article or section of {geld invalid by operation of or if compliance with or enfo restrained by such tribunal, affected thereby. The partie and consult as the case may b satisfactory replacement for -Asmus, Chief Negotiator of Chula Vista ger is Memorandum of Understanding are binding rm thereof except as herein provided. this Memorandum of Understanding shall be law or by any tribunal or competent jurisdiction cement of any article or section shall be :he remainder of this agreement shall not be > shall if possible meet and confer or meet for the purpose of arriving at a mutually ;uch article or section. mes L. W ght, Execut' e Director estern C uncil of Engineers w~3~1