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HomeMy WebLinkAboutResolution No. 8266RESOLUTION NO. 8266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA CITY EMPLOYEES ASSOCIATION EFFECTIVE JUNE 28, 1987. THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: Whereas, the City Council, at their adjourned regular meeting of June 29, 1987, approved the Memorandum of Understanding between the City of Azusa and the Azusa City Employees Association, terms and conditions to be effective June 28, 1987: Now, therefore, be it resolved by the City Council of the City of Azusa that the Memorandum of Understanding attached hereto is hereby adopted by resolution. ADOPTED AND APPROVED this 29th day of June, 1987. aJ MAYO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at an adjourned regular meeting thereof held on the 29th day of June, 1987. AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE • RESOLUTION NO. 8266 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA CITY EMPLOYEES ASSOCIATION EFFECTIVE JUNE 28, 1987. THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: Whereas, the City Council, at their adjourned regular meeting of June 29, 1987, approved the Memorandum of Understanding between the City of Azusa and the Azusa City Employees Association, terms and conditions to be effective June 28, 1987: Now, therefore, be it resolved by the City Council of the City of Azusa that the Memorandum of Understanding attached hereto is hereby adopted by resolution. ADOPTED AND APPROVED this 29th day of June, 1987. 6j MAYO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at an adjourned regular meeting thereof held on the 29th day of June, 1987. AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 This Memorandum of Understanding is entered into with reference to the following facts: (1) the Azusa City Employees Association (hereinafter referred to as "Association") is the recognized employee organization representing those personnel (hereinafter referred to as "employees") employed by the various departments of the City of Azusa (hereinafter referred to as "City"), and occupying the classifications as listed in Exhibit "A" attached hereto; (2) in the interest of maintaining harmonious relations between the City and those employees represented by the Association, authorized representatives of the City and the Association have met and conferred in good faith, exchanging various proposals concerning wages, hours, and other terms and conditions of employment to affected employees; and (3) the authorized representatives of the City and the Association have reached an understanding and agreement as to certain changes in wages, hours, and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City for approval and implementation of these changes by appropriate ordinance, resolution, or other lawful action. Therefore, the City and the Association agree that, subject to approval and implementation by the City Council of the City, the wages, hours, and other terms and conditions of employment for all affected employees shall be altered as follows: I. SALARY Effective June 28, 1987, the base monthly salary of each employee shall be increased according to the information contained in Exhibit "A" of this document. II. TOTAL COMPENSATION As a matter of philosophy, the Association and the City recognize that compensation consists of terms and conditions of employment other than those represented solely by salary. Further, the City and the Association recognize that the changes in wages, hours, and other terms and conditions of employment as set forth in this Memorandum of Understanding constitute additions to the total compensation received by affected employees. Page 1 of 11 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 III. NON-DISCRIMINATION A. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with Government Code Section 3500, et sea. B. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations. The City and the Association shall reopen any provisions of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal anti- discrimination laws. IV. CITY RIGHTS A. The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision(s) of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memo- randum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the Management decision. 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. Page 2 of 11 MEMORANDUM OF UNDERSTANDING ACEA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 7. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of funds or lack of work or similar nondisciplinary reasons 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause. 13. To determine job classification and to reclassify employees. 14. To hire, transfer, promote or demote employees for nondisciplinary reasons in accordance with this Memorandum of Understanding and applicable Resolutions and Codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees. 16. To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. Page 3 of 11 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 B. The City shall have the right to exercise the rights provided in sections 119" through 1116" of the Management rights clause, in accordance with the Personnel Rules and Regulations as they exist as of June 30, 1987, and shall exercise these rights in conformance with the Personnel Rules and Regulations. C. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of Management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless that matter of the exercise of such rights is provided for in this Memorandum of Understanding, or in Personnel Rules and Salary Resolutions and Administrative Code(s) which are incorporated in this Agreement. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished. V. SEPARABILITY Should any provisions of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. VI. MAINTENANCE OF EXISTING BENEFITS Except as provided herein, all wages, hours and economic terms and conditions of employment presently enjoyed by employees shall remain in full force and effect during the entire term of this Memorandum of Understanding unless mutually agreed to the contrary by both parties hereto. VII. THE CITY ALSO AGREES TO THE FOLLOWING FOR EMPLOYEES A. The City will maintain the Cafeteria Benefit Plan at three hundred twelve dollars ($312) per month for each employee. This plan may be used by the employee to pay, to the extent available, for individual or dependent health coverage, dental plan, life insurance, up to fifty percent (50%) of membership fees for a health club or similar organization, Page 4 of 11 9 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 deferred compensation, or other available group insurance, or any combination of these items. The employee understands that in the event the total premiums and/or expense for options selected by him/her exceeds the amount of the City's contribution of three hundred twelve dollars ($312) per month, the excess shall be deducted from gross wages of the employee. It is agreed that the City will not be responsible for payment of any insurance premium(s) on behalf of an employee represented by the Association following the month of termination. If an employee represented by the Association wishes to continue his or her benefits, advance payment for such premium(s) will be deducted from this plan for the employee, or if he or she is not eligible for this plan, then the deduction shall be made from the employee's final paycheck. B. The city and the Association agree to two additional "floating" holidays, including one in lieu of Martin Luther King, Jr., day. All "floating" holidays shall be requested in advance from the appropriate department head or division chief. Enough employees shall remain at work during "floating" holidays so that the City's business may be conducted. "Floating" holidays shall accrue on July 1 and must be taken by the following June 30, or the hours will be forfeited. C. The City agrees to provide a personal equipment allowance of one hundred thirty-five dollars ($135) per employee for up to two (2) pairs of safety shoes/boots or garments per year required by the department head. D. If, in the course of business, an office employee's personal clothing or effects is accidentally damaged or destroyed, the employee may submit a claim for reimbursement up to one hundred dollars ($100) to the City's Safety Committee. The committee shall have the authority to investigate the claim and recommend to the City Administrator,or his designee, to pay the full amount of the claim, deny the claim, or apportion the claim based on normal wear and tear of the item and/or the extent of the employee's negligence in following proper safety procedures. It is expressly understood that stockings and socks are exempt from this procedure. It is further expressly understood that prescription eye glasses or contact lenses and hearing aid devices are exempt from the one hundred dollar ($100) limit. Page 5 of 11 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 E. The City shall provide to twelve months of salary, Call -Back and other forms for each employee. • rm life insurance equal to excluding overtime, Stand By, of supplemental compensation, F. Employee shall be required to use one half (1/2) of their annual Vacation accrual yearly and shall be able to carry over one half (1/2) of one year's Vacation accrual from one year to the next, cumulatively, up to a maximum of two (2) times the annual accrual amount. The employee shall be authorized to cash in one forth (1/4) of the annual accrual per year by March 31 in lieu of carrying it over, if approved by the appropriate department head. G. The City shall make available to each employee an amount not to exceed one thousand dollars ($1,000) per year for Tuition Reimbursement. Included as part of educational expenses shall be reasonable mileage traveled for the purposes of taking course work. A Scholarship Committee shall be established by the City to oversee this program and to decide whether or not certain course(s) are job related for an individual employee. Any claim for Tuition Reimbursement may be submitted at the beginning of course work and must be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available Tuition Reimbursement is based on the fiscal year beginning July 1, and the course is deemed to fall in the fiscal year in which the date of the final examination is scheduled. H. All EMPLOYEES shall accrue vacation leave as: Through the 4th year of employment 11/days/year Through the 5th year of employment 15/days/year Through the 6th year of employment 16/days/year Through the 7th year of employment 17/days/year Through the 8th year of employment 18/days/year Through the 9th year of employment 19/days/year Through the 10th year of employment 20/days/year Through the 11th year of employment 21/days/year Through the 12th year of employment 22/days/year Through the 13th year of employment 23/days/year Through the 14th year of employment 24/days/year Through the 15th year of employment 25/days/year Through the 16th year of employment 26/days/year Page 6 of 11 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 I. The City agrees to pay time and one-half (1 1/2) for standby time with a minimum of two (2) hours, which will result in three (3) hours of regular time. The City also agrees to provide a vehicle to one employee only while on standby time. If more than one employee is on standby at the same time, then the vehicle shall be assigned to the employee whose legal residence is geographically closest to the City's Corporation Yard. J. The City agrees that in the event employees represented by the Association are laid off from their employment, a minimum of forty-five (45) calendar days notice will be given to each individual affected employee. Such notice shall be in writing and signed by an appropriate management employee. K. The City agrees to reimburse any employee who renews his or her State pesticide license on a bi-annual basis. The cost of this reimbursement is not to exceed thirty dollars ($30). L. Any employee assigned to the paint crew in the Street Maintenance division of the Community Development Department who is scheduled to work after 12 o'clock midnight will receive an additional twent-five cents ($0.25) per hour for each hour worked after that time. This additional pay constitutes premium pay and is not to be considered as a part of the employee's base salary. M. Employees shall be entitled to overtime pay or compen- satory time off for all hours worked in excess of eight (8) hours in one work day or forty (40) hours within the employee's regular work week. For the purposes of this agreement, holiday pay, sick leave, and other compensated time off shall count for the hours. Compensatory time may be accumulated at the appropriate rate for each hour of overtime worked to the maximum accural rate set by Federal law. In order to be entitled to any compensation for overtime hours worked, such overtime work must have been authorized by the department head or the City Administrator. Accumulated compensatory time not taken off in the calendar year in which it was earned, may be carried over to the next year up to a maximum of one hundred sixty (160) hours. Usage of compensatory time previously earned shall be as follows: Page 7 of 11 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 a. Accumulated compensatory time off may be taken by an employee upon reasonable notice and prior approval of the department head. b. An employee can accumulate no more than one hundred sixty hours (160) hours of compensatory time. C. In approving compensatory time off, the department head will, as far as practicable, attempt to accommodate employee convenience to the degree possible in light of the operational requirements of the department. Overtime Meal Policy a. when an employee is required to work continuous, unplanned overtime beyond his or her regular shift, he or she shall be provided with a meal and time to eat the meal no more than two hours after the commencement of such work and no less frequently than every four hours actually worked thereafter or he or she shall receive a meal reimbursement of eight dollars for each such period. b. When an employee is required to perform scheduled or unscheduled work outside of his or her regular work hours, he or she shall be provided with a meal and the time to eat the meal no less frequently than every four (4) hours or a meal reimbursement of eight dollars ($8) for each such four (4) hour period c. In the event that an employee is summoned to work before five o'clock in the morning (5 a.m.) and is required to continue to work into his or her regular shift on the same task that he or she was summoned for shall be provided with a meal and time to eat the meal no less frequently than every four (4) hours or a meal reimbursement of eight dollars ($8) for each such four (4) hour period. d. When an employee is required to report to work two (2) hours prior to his or her normal shift, he or she shall be provided a meal and the time to eat the meal, or a meal reimbursement of not more than eight dollars ($8). Page 8 of 11 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 M. If an employee is required to be called back to work after completing his or her normal shift or after having left City premises or the employee's work location, the employee shall be compensated at the employee's work location, the employee shall be compensated at the appropriate rate for each hour worked on callback with a minimum of (2) hours callback compensation at the appropriate rate, regardless of whether the employee actually works less than two (2) hours. This provision shall be applicable to an employee even though the employee's regular work week is not complete but shall not apply to an employee who is continuing on duty for their normal work shift. For the purposes of this section only, the time starts when the callback call is received by the employee. The rate of pay for the first callback during a twenty- four (24) hour period shall be at one (1) times the normal rate of pay. All other callback during the same twenty-four (24) hour period shall be at one and one- half (1 1/2) times the normal rate of pay. For the purposes of this section only, the time period to be used in computing whether a callback is the first callback shall be from 4:00 p.m. to 4:00 p.m. the next calendar day. VIII.TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on June 28, 1987, and shall continue through and including June 30, 1988. IX. SAVINGS CLAUSE Should any State or Federal law mandate the loss of revenue to the City as a result of the implementation of any clause of this Memorandum of Understanding, or should any State or Federal law render a clause(s) of this Memorandum of Understanding invalid, then those changes alone shall not be given effect and the remainder of this Memorandum of Understanding shall be unaffected and shall remain in full force and effect. X. SICK LEAVE AND BEREAVEMENT LEAVE Sick Leave shall not be construed as a right which an employee may use at his or her discretion, but shall be allowed only in case of necessity or actual sickness or disability. Page 9 of 11 J • • MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 Beginning on the first payday on or after January 1, 1986, a yearly evaluation period for use of sick leave will be established. At the end of the time period, the Finance Department will analyze and report to the various employees the amount of sick leave earned, less the amount used, and the net accrued during the calendar year. If the employee has used more than three, but not more than six days of sick leave, including time spent on personal business or bereavement, he or she would have the following options: (a) Carry over the accrual and add it to his or her sick leave balance. (b) Convert one-fourth of the accrual to vacation or convert one-fourth to cash (but no combination of these two); unused, unconverted leave would then be added to the employee's sick leave balance. If the employee has used no more than three days of sick leave, including time spent on personal business or bereavement, he or she would have the following options: (a) Carry over the accrual and add it to his or her sick leave balance. (b) Convert one-third of the accrual to vacation or convert one-third of it to cash (but no combination of these two); unused or unconverted leave would then be added to the employee's sick leave balance. Any employee who began his or her employment with the City on or before December 31, 1985, would be permitted to be "grandpersoned" in under the Sick Leave policy heretofore in effect, which is as follows: The employee may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash upon death (if he or she has attained Permanent status); disability retirement (if he or she has been employed by the City a minimum of five (5) years); or voluntary retirement (if he or she has been employed by the City of minimum of ten (10) years). The employee may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash for hours in excess of three hundred twenty (320) hours to a maximum payment of two hundred forty (240) hours. Page 10 of 11 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 An employee may be permitted to take up to five (5) days of Bereavement Leave in the event of the death of a member of his or her immediate family. "Immediate family" member is herewith defined as a mother, father, brother, sister, spouse child, mother-in-law, father-in-law, or relative living within the employee's household. Persons in loco parentis may also be considered under certain circumstances. Such leave shall not be charged against the employee's Sick Leave or Vacation. In addition to Bereavement Leave, an employee may request up to two (2) days of Sick Leave in the event of the death of an immediate family member. Such leave shall be charged against the employee's accrued Sick Leave balance and shall be considered in calculating his or her ability to convert the balance. XI. HOLIDAYS Employees shall receive or be compensated for the following holidays during the 1987-88 fiscal year: New Year's Day Washington's Birthday Lincoln's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day XII. REOPENER Should paragraph IX render invalid any provision of this Memorandum of Understanding, then meet -and -confer session(s) shall immediately commence in the effort to agree upon replacement(s) for such invalidated provisions (s). XIII.IMPLEMENTATION This Memorandum of Understanding is subject to approval of the City Council of the City of Azusa, and following such approval shall be implemented by appropriate resolution(s) or ordinance(s) of the City Council. Page 11 of 11 0 0 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 (Exhibit "A") MONTHLY CLASSIFICATION RANGE 1ST & 5TH STEP Account Clerk 150 $1470.32 - 1787.18 Accountant 189 2167.42 - 2634.51 Accounting Technician 174 1866.89 - 2269.21 Administrative Clerk I 133 1241.51 - 1509.07 Administrative Clerk II 143 1371.40 - 1666.95 Administrative Secretary 169 1776.29 - 2159.09 Assistant City Planner 190 2189.09 - 2660.85 Ass't Code Enforcement Officer 168 1758.70 - 2137.72 Associate City Planner 201 2442.29 - 2968.61 Building Maintenance Supervisor 175 1885.56 - 2291.91 Building Maintenance Worker I 150 1470.32 - 1787.18 Building Maintenance Worker II 160 1624.14 - 1974.16 Bus Driver 158 1592.14 - 1935.27 Business License Officer 167 1741.29 - 2116.55 Civil Engineering Assistant 202 2466.71 - 2998.31 Computer Operator 174 1866.89 - 2269.21 Engineering Aide 171 1811.99 - 2202.49 Equipment Maintenance Supervisor 195 2300.75 - 2796.58 Librarian 175 1885.56 - 2291.91 Library Assistant 140 1331.07 - 1617.92 Library Clerk I 130 1205.00 - 1464.69 Library Clerk II 140 1331.07 - 1617.92 Park Maintenance Crew Supervisor 184 2062.22 - 2506.64 Park Maintenance Supervisor 196 2323.76 - 2824.55 Park Maintenance Worker I 153 1514.87 - 1841.33 Park Maintenance Worker II 163 1673.35 - 2033.97 Park Maintenance Worker III 174 1866.89 - 2269.21 Personnel Assistant 174 1866.89 - 2269.21 Purchasing Assistant 174 1866.89 - 2269.21 Recreation Supervisor 190 2189.09 - 2660.85 Secretary 158 1592.14 - 1935.27 Secy to City Administrator 179 1962.12 - 2384.97 Senior Account Clerk 164 1690.08 - 2054.30 Senior Citizens Program Supervisor 190 2189.09 - 2660.85 Senior Librarian 185 2082.84 - 2531.71 Senior Library Clerk 150 1470.32 - 1787.18 Senior Tree Trimmer 184 2062.22 - 2506.64 Street Maintenance Crew Supervisor 184 2062.22 - 2506.64 Street Maintenance Supervisor 196 2323.76 - 2824.55 Street Maintenance Worker I 153 1514.87 - 1841.33 Street Maintenance Worker II 163 1673.35 - 2033.97 Street Maintenance Worker III 174 1866.89 - 2269.21 Street Sweeper Operator 174 1866.89 - 2269.21 Transportation Coordinator 168 1758.70 - 2137.72 Tree Trimmer 170 1794.05 - 2180.68 MEMORANDUM OF UNDERSTANDING AZUSA CITY EMPLOYEES ASSOCIATION JUNE 28, 1987 AZUSA CITY EMPLOYEES ASSOCIATION CITY OF AZUSA BY BY BY DATE 7-8-97 DATE --7 - r- r 7 DATE DATE DATE P7 DATE \ �\ %r) DATE Z/6/f