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R 3269 t. RESOLUTION NO. 3269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A SALARY AND BENEFIT PROGRAM FOR EMPLOYEES REPRESENTED BY LOCAL 620, SERVICE EMPLOYEES INTERNATIONAL UNION, ARROYO GRANDE CHAPTER, AND REPEALING THOSE SECTIONS OF RESOLUTION NO. 3105 ON NOVEMBER 14, 1995 IMPACTING SAID EMPLOYEES WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo Grande and its employees represented by Local 620, Service Employees International Union, that compensation be fixed for all full-time employees as herein provided; and WHEREAS, the City Council has established compensation and working conditions through the meet and confer process with the designated employee representatives as depicted in Exhibit II A II, entitled Memorandum of Understanding between the City of Arroyo Grande and Local 620, Service Employees International Union, a copy of which is attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED that the terms of this Resolution as contained in Exhibit IIAII shall become effective July 1, 1997, and shall apply to Fiscal Year 1997-98 and Fiscal Year 1998-99. BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of Resolution No. 3105 which established salary and benefits for full-time employees represented by Local 620, Service Employees International Union. On motion of Council Member Runels , seconded by Council Member Tolley , and on the following roll call vote, to wit: AYES:Council Members Runels, Tolley, Fuller, Lady, and Mayor Dougall NOES: None ABSENT:None the foregoing Resolution was passed and adopted this 13th day of January , 1998. RESOLUTION NO. 3269 ATTEST: a.~ VIS, CITY CLERK APPROVED AS TO CONTENT: ~1Lo- L. tt~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the following Resolution No.3 269 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 13 tfi day of J an uary , 1998. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 26th day of January , 1998. tl a~ NANC~VIS, CITY CLERK 1997/98 - 1998/99 (Two Year) MEMORANDUM OF UNDERSTANDING BETWEEN SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL. 620 Arroyo Grande Chapter AND CITY OF ARROYO GRANDE 1997/98 - 1998/99 MEMORANDUM OF UNDERSTANDING SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 ARROYO GRANDE CHAPTER TABLE OF CONTENTS ARTICLE 1: TERM OF MEMORANDUM ....................... 1 ARTICLE 2: RECOGNITION ........................................................... 1 ARTICLE 3: NONDISCRIMINATION .......................... 1 ARTICLE 4: UNION RIGHTS .............................................................. 2 4.1 Representation .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 2 4.2 Bulletin Board ................................................................ 2 4.3 Union Stewards .... II .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 2 4.4 Dues Deduction ...... ~ .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 3 4.5 Use of City Facilities ........................... 5 4.6 Contracting .Out .............................................................. 5 ARTICLE 5: GRIEVANCE PROCEDURE ....................... 6 ARTICLE 6: MANAGEMENT RIGHTS ......................... 9 ARTICLE 7: WAGES/INCREASES. .. . . . . . .. . . . . . . . . . . . . . . . . . . . 10 7.1 Advancement in Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7.2 Paychecks .........................................."............................. 12 7.3 Educational Pay .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 12 7.4 Shift Differential ................................................................ 13 ARTICLE 8: NO STRIKE/NO LOCKOUT ........................ 13 ARTICLE 9: SPECIAL PAY PRACTICES ........................ 13 9.1 Flex-Time Schedules .............................. 13 9.2 Use of Private Vehicle/Mileage Rate . . . . . . . . . . . . . . . . . 13 9.3 Callback Pay ........................ ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . 13 9.4 Hours of Work and Overtime . . . . . . . . . . . . . . . . . . . . . . . 14 9.5 Standby Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9.6 Rest Periods and Breaks ......................... 14 SEIU MOU - TABLE OF CONTENTS (continued) ARTICLE 10: INSURANCE . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 15 10.1 Medical Insurance Benefits ....................... 15 10.2 Vision Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10.3 Life Insurance Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10.4. State Disability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . 15 10.5 Dental Insurance Plan ........................... 16 ARTICLE 11 : HOLIDAY LEAVE. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 12: VACATION LEAVE ......................................................... 16 ARTICLE 13: SICK LEAVE .......... '. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 18 13.1 Transfers ................................................................. _. .. .. .. 18 13.2 Bereavement Leave ..................... ~ . . . . . . . 19 13.3 Family Leave .................................................................. 19 ARTICLE 14: LEAVES OF ABSENCE ........................... 20 14.1 Medical Leave ................................................................ 20 14.2 Emergency Leave .. .. .. . .. . . .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. . .. .. .. .... 20 14.3 Jury Duty . -. .. .. .. .. .. .. ~ .. .. .. .. .. .. .. .. ..... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 20 14.4 Military- Leave .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. . . .. .. .. .. ., .. .. .. .. .. .. . .. 21 ARTICLE 15: UNIFORM ALLOWANCE .......................... 21 15.1 Safety Shoes .................................................................. 21 15.2 Safety Glasses .................. . . .. .. .. .. .. .. '. .. .. .. . .. . .. .. .. .. .. .. .. .. 21 ARTICLE 16: RETIREM ENT .. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 16.1 P.E.R.S. Retirement Contributions .................. 22 16.2 Retirement Defined ............................. 22 ARTICLE 17: PROBATIONARY PERIOD . . . . . . . . . . . . . . . . . . . . . . . . .22 ARTICLE 18: PROMOTION .................................. 22 ARTICLE 19: PROMOTIONAL OPPORTUNITIES. . . . . . . . . . . . . . . . . . . 23 ARTICLE 20: DEMOTION . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . .. . 24 ARTICLE 21: LAYOFFS ....................................... 24 SEIU MOU - TABLE OF CONTENTS (continued) ARTICLE 22: PERSONNEL RECORDS . . . . . . . . . . . . . . . . . . . . . . . . .. 25 ARTICLE 23: RESIGNATION ...............11I.. '. . . .. . . . . . . . . . . .. 25 ARTICLE 24: OUTSIDE EMPLOYMENT ......................... 26 ARTICLE 25: POSITION VACANCIES . . . . . . . . . ~ . . . . . . . . . . . . . . . .. 26 ARTICLE 26: POSITION CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . .. 26 . 1997/98 - 1998/99 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARROYO GRANDE AND LOCAL 620, SERVICE EMPLOYEES INTERNATIONAL UNION, ARROYO GRANDE CHAPTER THE PARTIES HAVE MET AND CONFERRED IN GOOD FAITH REGARDING EMPLOYMENT TERMS AND CONDITIONS FOR THE EMPLOYEES COMPRISING THE ABOVE RECOGNIZED EMPLOYEE ORGANIZATION FOR THE GENERAL SERVICES UNIT AND SUPERVISORS UNIT AND, HAVING REACHED AGREEMENT, AS HEREIN SET FORTH, SUBMIT THIS MEMORANDUM TO THE CITY COUNCIL, WITH JOINT RECOMMENDATION THAT COUNCIL ADOPT THE TERMS AND CONDITIONS AND TAKE SUCH OTHER ADDITIONAL ACTIONS AS MAYBE NECESSARY TO IMPLEMENT ITS PROVISIONS. ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING The term of Memorandum of Understanding shall be from the date this M.O.U. is signed by the Negotiations Committee Members of S.E.I.U., until June 30, 1999, and thereafter shall continue from year to year. Either party may request modification by March 15, 1999, in which event, meeting and conferring shall begin no later than April 15, 1999. ARTICLE 2. RECOGNITION The City recognizes the Union as the sole and exclusive bargaining agent for all permanent classifications in the Supervisory Employees' representation unit and General Services unit. . ARTICLE 3. NONDISCRIMINATION The provisions of this Memorandum of Understanding shall be applied equally' to all employees covered hereby without discrimination because of race, color, sex, physical disability, age, national origin, religious affiliation, or Union membership. Employees may elect to exercise their right to join and participate in the activities of the Union for the purposes of representation in all matters of their working conditions and employer-employee relations. The parties agree that th~re shall be no restraint, coercion, or interference with any employee with respect to or because of the employee's member.ship in said Union. The City and the Union agree that each employee shall be treated equally, fairly, and with dignity and respect. SEIU MOU 1 ARTICLE 3. NONDISCRIMINATION (continued) The Union and the City agree to support the Affirmative Action Program established by the City and that there shall be no discrimination within their respective organizations because of race, creed, sex, sex preference, color, national origin, age, disability, or political belief. Any party alleging a violation of this article shall have the burden of providing the existence of a discriminatory act or acts and/or proving that, but for such act or acts, the alleged injury or damage to the grievant would not have occLirred. Discrimination complaints based on Union membership and/or activity shall continue to be subject to the grievance procedure and arbitration. ARTICLE 4. ' UNION RIGHTS 4. 1 Representation With respect to the meet-and-confer process, three (3)' Union representatives shall be the maximum number of employees allowed to meet with City representatives on City time during their normal working hours for the purpose of meeting and conferring in good faith without loss of payor any benefits. 4.2 Bulletin Board The City will furnish, for the use of the Union, reasonable bulletin board space at reasonable locations. Such bulletin board space shall be used only for the following subjects: Union recreational, social, and related news bulletins; Scheduled Union meetings; Information concerning Union elections or the results thereof; Reports of official business of Union, including reports of committees or the Board of Directors; and All material shall clearly state that it is prepared and authorized by the Union. Union agrees that notices posted on City bulletin boards shall not contain anything which may reasonably be construed as maligning the City or its representatives.. ~ Union Stewards A. The City authorizes the Arroyo Grande Chapter of the Service Employees International Union to "appoint three (3) "Union Stewards" and one (1) alternate, any of which may represent an employee subject to the City's grievance procedure (Article 5). SEIU MOU 2 ARTICLE 4. UNION RIGHTS (continued) ~ Union Stewards (continued) B. The Union shall provide the City Manager with a list of all authorized Union stewards, and the list shall be kept current. C. An employee and/or his/her "Union Steward" representative may, when and to the extent necessary, take official City time, without loss of compensation, in order to participate in the investigation and processing of a grievance as provided for in Article 5, upon notification and approval of the immediate supervisor or his/her designee. . D. The City Manager will approve employee and/or Union Steward taking official City time to investigate and process a grievance, when and to the extent necessary, and only if it will in no event adversely affect the operational, security, or safety requirements of the City. E. It is understood that the employee and/or Union Steward shall make every reasonable effort to perform any of the above activities on off-duty time. 4.4 Dues Deduction A. The City agrees to deduct dues twice monthly and remit them to the Union, as approved by the Union Board of Directors and authorized in writing by the individual employees concerned, on forms currently accepted by the City for such deductions. J B. For the employees in the unit who authorize Union dues deductions, the City shall automatically continue such dues deduction. C. The City agrees to provide the Union the name and deduction status of all unit employees on a monthly basis. D. Deductions. All employees in the unit who have not authorized a Union dues deduction shall, within the thirty (30) day period following notification of their , obligation under this agreement, execute an authorization for the payroll deduction of one of the following: 1) Union dues; 2) a service fee, equal to the percentage of. the regular dues, that is used for legally permissible representation costs; or 3) if he/she qualifies, a charity fee, equal to the service fee, to the tax-exempt charitable organization that has been agreed to. To qualify for the designated charity fee deduction, an employee must certify to the Union that he/she is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations. SEIU MOU 3 ARTICLE 4. UNION RIGHTS (continued) 4.4 Dues Deduction (continued) Such exempt unit employees will be required to submit to the Union a notarized letter certifying that person's memb~rship in such a religion, body, or sect, signed by an official of the bona fide religion, body, or sect. If an employee fails to authorize one of the above deductions within the thirty (30) day authorization period, the City shall notify the employee, in writing, of his/her contractual obligation to authorize one of the payroll deductions. If an employee fails to authorize one of the deductions, the Union may seek enforcement through the courts. E. Service Fee as Condition of Employment. After July 1, 1995, all employees hired into the units who fail to authorize a Union dues deduction or service fee deduction must, as a condition of their continued employment, authorize a service fee deduction within thirty (30) days following the beginning of their employment. The employee may avail his/herself of the options set forth in "D" above. If an employee fails to meet this obligation, the Union will make a written request to the City to take the necessary steps to separate that employee from City service. The City will inform the Union of all new hires. F. , Financial Documentation. The Union has presented a demonstration that the legally permissible costs that may be charged as a service fee to a nonmember equals somewhat more than ninety-five percent (95%) of dues. The City has not challenged that demonstration and agrees to deduct a service fee equal to ninety-five percent (95%) of dues. The Union shall, within ninety (90) days after the end of each fiscal year, make available to the City financial documentation that shall meet the requirements of Government Code Section 3502.2. The City agrees to provide the Union the name, department, class, and'payroll deduction of all unit employees upon request. G. Petition. Election. and Challenge. If a petition is filed with the City that requests an election rescinding agency shop, and such petition contains signatures collected within a forty-five (45) day period of at least thirty percent (30%)of the employees in the bargaining unit, an election will be held. Such election may only be held once during the term of the Agreement. The verification of the petition and the election shall be conducted by the State Conciliation Service; voting shall be by secret ballot, and a majority vote of all SEIU MOU 4 ARTICLE 4. UNION RIGHTS (continued) 4.4 Dues Deduction (continued) employees in the bargaining unit shall be required to rescind agency shop. A unit employee, who is subject to the payment of a representation service fee hereunder, has certain legal rights to object to that part of the fee payable to him or her, which represents the employee's additional pro-rata share of expenditures by the Union that is utilized for expenditures not incurred for the purpose of performing the duties incident to effective representation in employer-employee relations. An employee wishing to exercise these rights must contact the Union office. H. Hold Harmless. The Union agrees to indemnify, defend, and hold harmless the City and its officers, employees, and agents against all claims, proceedings, and liabilities arising, directly or indirectly, out of any actions taken or not taken by or on behalf of the City under this Article. I. Enforcement/Severability. In the event the Service Fee provision of the Article is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree to reopen this Article of the Agreement for the purposes of implementing modified agency shop provisions. 4.5 Use of City Facilities A. The Union may, with prior approval of the City Manager, be granted the use of City facilities for Union business meetings of City employees, provided space is available. No use fee will be charged. B. The City shall provide, at no cost to the Union, a copy of each City Council agenda (Summary Form). By being provided the agenda, the Union acknowledges the City has met its obligation of notification of matters or issues within the scope of representation on the Council agenda. ~ Contracting Out The City agrees to communicate with the Union upon request in regard to the following matters: 1. Any proposed subcontracting of services that would result in the elimination of unit member's job. 2. Changes in services that would result in the elimination of unit member's job. SEIU MOU 5 ARTICLE 5. GRIEV ANCE PROCEDURE Purpose: A. This grievance procedure shall be the exclusive process to resolve grievances as the term is defined below: 1. To resolve grievances informally at the lowest level. 2. To provide an orderly procedure for reviewing and resolving grievances promptly. Definitions: A. Grievance means a complaint by an employee concerning the interpretation or application of the provisions of this M.O.U. or of rules or regulations governing personnel practices or conditions, which complaint has not been resolved satisfactorily in an informal manner between the employee and his/her immediate supervisor . B. As used in this procedure, the term "immediate supervisor" means the individual so designated by City management who assigns, reviews, and directs the work of an employee at the first level. Time Limits: Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure; however, with the written consent of all parties, the time limitation for any step may be extended. Step 1: The grievance initially shall be personally discussed between the employee and his/her immediate supervisor. Within seven (7) working days the immediate supervisor shall give his/her decision or response. The grievant may request this decision or response in writing. Step 2: A. If the grievance is not informally resolved to the satisfaction of the grievant in Step 1, a formal grievance may be initiated. A formal grievance must be initiated no later than: 1. Thirty (30) working days after the event of circumstances occasioning the grievance; or SEIU MOU 6 ARTICLE 5. GRIEV ANCE PROCEDURE (continued) 2. Within seven (7) working calendar days of the Step 1 decision rendered in the informal'grievance procedure, whichever is later. B. However, if the Step 1 informal grievance procedure is not initiated within the period specified in subsection (1) above, the period in which to bring the grievance shall not be extended by subsection (2) above. C. A Step 2 grievance shall be.initiated in writing on a form prescribed by the City and shall be filed with the person(s} designated by City management who has the responsibility of the next level of supervision within the department. The employee may be represented by a representative of his/her choice. D. The grievant shall cite the specific provision(s} of the Memorandum of Understanding, ordinance, resolution, or written rule claimed to have been violated in effect at such time the alleged incident(s} occurred, set forth the facts that purportedly constitute such violati.on, and the specific remedy sought. E. Within seven (7) working days after the initiation of the Step'2 grievance, the City's designated representative for this step shall investigate the grievance and give his/her decision in writing to the grievant. Step 3: A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, he/she may appeal the decision within seven (7) working days to the person designated by the City Manager who has the next level of supervision within the department, if any. The employee may be represented by a representative of his/her choice. B. The designated representative shall respond in writing within seven (7) working days to the grievant. If the designated representative determines it is desirable, he/she shall hold a conference(s} or otherwise investigate the matter. Step 4: A. If a designated representative was used in Step 3 above or none was designated and the grievant is not satisfied with the decision rendered pursuant to Step 2 or 3 as applicable, he/she may appeal the decision within seven (7) working days to the City Manager. The employee may be represented by a representative of his/her choice. SEIU MOU 7 ARTICLE 5. GRIEVANCE PROCEDURE (continued) B. The City Manager shall respond in writing within seven (7) working days to the grievant. If the City Manager "determines it is desirable, he/she shall hold a conference(s) or otherwise investigate the matter. Step 5: If the grievance is not resolved satisfactorily at the above Step(s), the grievant, with the. written concurrence of the Union, within ten (10) days, excluding holidays, may submit the grievance to binding arbitration. Upon mutual agreement of both parties, the time deadline may be extended for a specified number of days. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance. A. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within ten (10) working days after said notice is given. If the two parties fail to reach agreement on an arbitrator within five (5) days, the State Conciliation Service will be requested to supply a list of five (5) names. Each party will alternately strike from the list until only one name remains. The order of striking will be determined by lot. B. The arbitrator shall hold a hearing within ten (10) working days of his/her appointment. Five (5) working days' notice will be given to all parties of the time and place of the hearing. Within ten (10) working days after completion of the hearing, the arbitrator shall render the decision in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or violates the terms of this agreement. However, it is agreed that the arbitrator is empowered to include a decision for reimbursement for financial loss of wages or fringe benefits or other non-financial remedies as judged to be proper. The arbitrator shall submit to all parties his/her findings that shall be binding and final on both parties. C. Nothing in the foregoing shall be construed to empower the arbitrator to make any decision amending, changing, subtracting from, or adding to, the provisions of this Agreement. D. The fees and expenses of the arbitrator shall not be the responsibility of the prevailing party. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of the .witnesses the other. If any grievance meeting or hearing shall be scheduled during the SEIU MOU 8 ARTICLE 5. GRIEVANCE PROCEDURE (continued) work day, any worker required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of payor benefits for a reasonable amount of time. E. Either party may request an individual to make a written record of the entire arbitration hearing. The cost of the services and expense of such individual shall be paid by the requesting parties upon mutual agreement. F. All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the participants as designated in this Agreement. ARTICLE 6. MANAGEMENT RIGHTS The City retains all its exclusive rights and authority under federal, state, and municipal law and expressly and exclusively retains its management rights, which include, but are not limited to: - the exclusive right to determine the mission of its constituent departments, commissions, boards; - set standards and levels of service; - determine the procedures and standards of selection for employment and promotions; - direct its employees; - determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons; - maintain the efficiency of governmental operations; - determine the methods, means and numbers and kinds of persons by which government operations are to be conducted; - determine methods of financing; - determine styles and/or types of City-issued equipment to be used; - determine and/or change the facilities, methods, technology, means, organizational structure, and composition of the work force and allocate and assign work by which the City operations are to be conducted; SEIU MOU 9 ARTICLE 6. MANAGEMENT RIGHTS (continued) - 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. ARTICLE 7. WAGES/INCREASES A. The S.E.LU. represents the following employee classifications: July 1, 1997 CLERICAL AND FISCAL SALARY RANGE Accounting Supervisor 38 Administrative Secretary 25 Account Clerk " 23 Senior Clerk Typist 23 Account Clerk I 20 Intermediate Clerk Typist 19 Clerk Typist 17 PUBLIC WORKS. PARKS & RECREATION. AND COMMUNITY DEVELOPMENT Associate Planner (Current/Long Range) 41 Public Works Supervisor 39 Engineering Assistant 36 Recreation Supervisor \I 40 Park Maintenance Supervisor 39 Public Works Construction Inspector 34. Public Works Technician I. 29 Supervisory Mechanic 35 Public Works/Parks Maintenance Lead Worker 31 Recreation Supervisor I 29 Mechanic 29 Public Works/Parks Maintenance Worker III 28 Public Works/Parks Maintenance Worker \I 25 Sports Facilities Maintenance Worker 25 Public Works/Parks Maintenance Worker I 23 Probation Worker 23 Building Maintenance Worker 21 SEIU MOU 10 ARTICLE 7. W AGES/lNCREASES (continued) B. Fiscal Year 1997-98 The City and the S.E.I.U. agree that all position classifications represented by the Union as depicted in Section "A" of this Article shall receive salaries as represented in the attached Exhibit "A" for the period of July 1,1997 through June 30,1998. This Agreement represents a 2.0% "Cost of Living Adjustment" for all represented classifications effective September 1, 1997. C. Fiscal Year 1998-99 Exhibit "A" shall be adjusted to represent a "Cost of Living Adjustment" beginning July 1, 1998. The Cost of Living Adjustment shall be based upon the Los Angeles Area Consumer Price Index (CPO as calculated between May 1, 1997 and April 30, 1998. The minimum Cost of Living Adjustment to be paid is 2% and the maximum to be paid is 3.4%. 7.1 Advancement in Salary The salary range as set forth for each classification is divided into five (5) steps, which shall be interpreted and applied as outlined in this Article. Salary step increases as provided herein are not automatic but based on performance and merit. Employees shall be placed on the step and qualify for increase in compensation for advancement to the next higher step of the pay ranges in the manner following: A. The first step is the minimum rate and normally shall be the hiring rate. B. The second step is granted to employees who are eligible for this adjustment, after completion of six (6) full calendar months of satisfactory service in a classification, or at the completion of the probationary period. The adjustment shall be made only if granted by the Department Director and subject to the approval of the City Manager or his/her designee. C. The third step shall be granted to an employee who has proven fully qualified in a given classification for one (1) full additional year from granting of previous step increase only if granted by the Department Director and subject to the approval of the City Manager or his/her designee. D. The fourth step shall be granted to an employee who has proven above average in a given classification for one (1) full additional year by the Department Director and with the approval of the City Manager or his/her designee. SEIU MOU 11 ARTICLE 7. WAGES/INCREASES (continued) E. The fifth step shall be granted to an _employee who has continued to demonstrate above average performance and has demonstrated continued growth in a given classification for one (1) full additional year by the Department Director and with the approval of the City Manager or his/her designee. F. A performance report on each employee recommended for salary advancement shall be prepared and submitted by the Department Director to the City Manager prior to final action on such recommendation at each step. G, An employee must always continue to maintain an acceptable level of performance and shall be evaluated annually by his/her Department Director. If the written evaluation by the Department Director does not support a continued acceptable effort, an individual may be reduced in salary by the Department Director, with the approval of the City Manager or his/her designee. LZ Paychecks The City will pay regular checks on a biweekly basis and continue payroll deductions for the County-City Employee Credit Union, when so desired by employees. 1..& Educational Pay A. The Educational Pay Program is intended to promote the improvement of employee efficiency and the advancement of employees to positions of higher skills. B. Employees may qualify for advancement of one salary range above their position classified range upon receipt of an Associated Arts Degree, in a field relative to their job classification, from an accredited junior college or college or upon earning a special license or certificate, deemed to be equivalent to an AA degree in value to the City and an enhancement to the productivity of an employee in his/her job, upon recommendation of the Department Director and approval by the City Manager. A "Sidebar" Agreement shall be established to identify those licenses and certificates which would be eligible for incentive pay under this provision. Such "Sidebar" Agreement shall be completed within ninety (90) days of the effective date of this contract. ., C. Employees may qualify for advancement of two salary ranges above their position classified range upon receipt of a Bachelor of Science/Bachelor of Arts Degree in a field relative to their job classification, from an accredited college, upon recommendation of the Department Dir~ctor and approval of the City Manager. SEIU MOU 12 ARTICLE 7. WAGES/INCREASES (continued) L..3. Educational Pay (continued) D. Exception: Where job classifications' or requirements include an Associated Arts or Bachelor of Science/Bachelor of Arts degree, Section B and Section C, will not apply. E. No additional educational pay shall be made for duplicate, or more than one, AA degree, BA degree, or applicable certificates. 7.4 Shift Differential The City shall pay $.50 (fifty cents) per hour additional wages for each hour worked when at least four and one half (4 1/2) hours are worked between 5:30 P.M. and 7:30 A.M., providing such working assignment has been assigned/approved by the Department Director with the concurrence of the City Manager. Exception to the prior approval provisions shall be granted for emergency call-outs. ARTICLE 8. NO STRIKE/NO LOCKOUT The Union agrees that during the term of this Memorandum of Understanding, neither the Union or the employees it represents will engage in, encouragel sanctionl supportl or suggest any strikes. The employer agrees that it will not lock out any of its employees during the term of this Memorandum of Understanding. ARTICLE 9. SPECIAL PAY PRACTICES ~ Flex-Time Schedules Employees for whom necessity requires a different schedule than that generally applied shall work according to regulations prepared by the respective supervising officials and approved by the City Manager. The City shall specify in writing all changes in work place and hours and provide the affected employees with reasonable notice of these changes. Hours may be altered to permit flex time. .a..z Use of Private Vehicle/Mileage Rate An employee who is required to operate his or her own privately-owned automobile for the performance of official duties shall be reimbursed at the rate established by the City Council . for each mile necessarily traveled. Such reimbursement shall be paid monthly. U Callback Pay Callback is defined as that circumstance requiring an employee to unexpectedly return to work after the employee has left work at the end of the employee's work day or work week. SEIU MOU 13 ARTICLE 9. SPECIAL PAY PRACTICES (continued) ~ Callback Pay (continued) An employee called in early to start his/her work shift, without prior reasonable notice, will also receive time and one-half (1-1/2) overtime pay for all extra hours worked, with a minimum call-out of two (2) hours. M Hours of Work and Overtime The normal working schedule of full-time employees shall be eight (8) hours per day or forty (40) hours per week. All authorized time worked in excess of forty (40) hours per week, or on a holiday recognized in this Memorandum of Understanding, shall be compensated at the rate of one and one-half (1 1/2) times the employee's regular base hourly rate of pay. Time worked for computation of overtime shall include holidays, jury duty, sick leave, bereavement leave, and previously scheduled vacation and compensatory time off, for purposes of this paragraph, and shall be calculated at a maximum of eight (8) hours per day. Overtime shall be computed at the nearest quarter (1/4) hour. At the request of any employee eligible for overtime pay, his/her supervisor will provide that, in lieu of cash payment for any overtime, he/she may have the choice of time off with pay at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. Compensatory time off shall be taken at the option of the employee, with the consent of the supervisor. The limit for accrued compensatory time off is 175 hours per employee. Upon separation from employment, an employee is entitled to . receive cash compensation for any unused compensatory time. .9.J2 Standby Pay Standby duty is defined as that circumstance which requires an employee so assigned to: 1. Be ready to respond immediately to a call for service; and 2. Be readily available at all hours by telephone. An employee so assigned to standby duty shall receive $1.50 per hour, to begin at the end of the regularly scheduled work day or work week, or other employee's standby time, and end at the start of the next regularly scheduled work day or the beginning of another employee's standby time. .~ ~ Rest Periods and Breaks Employees in all bargaining unit classes are entitled to a fifteen (15) minute duty-free rest period during each four (4) hours of continuous work. A rest period shall count as fifteen (15) minutes of time worked for calculation of pay. SEIU MOU 14 ARTICLE 9. SPECIAL PAY PRACTICES (continued) .9...6 Rest Periods and Break.s (continued) Rest periods may be suspended when unusual emergency conditions require continuous performance of duties in order to protect or preserve life or property. ARTICLE 10. INSURANCE ~ Medical Insurance Benefits For the term of the Agreement, the City agrees to make available a choice between two (2) insurance programs: A. The type of fee for service health insurance program in effect upon date of this Agreement; or B. Health Maintenance Organization (HMO) program, to include dependent coverage. The City agrees to provide full insurance premium equal to the composite rate of the HMO (Health Maintenance Organization). l..!LZ Vision Insurance The City shall provide a Vision Care Plan for bargaining unit members. The City shall contribute up to fifteen dollars ($15) per employee per month toward. the employee-only premium, and any additional cost will be the responsibility of the employee. 1.0....3. Life Insurance Plan City shall provide a group term life insurance benefit plan for bargaining unit members, which shall provide for twenty thousand dollars ($20,000) life coverage for employees only during the term of their employment. . .1Q....4 State Disability Insurance The City shall provide State Disability Insurance, integrated with sick leave. Premiums will be paid by employees for the program's first five (5) years. SEIU MOU 15 ARTICLE 10. INSURANCE (continued) 1.0.....5. Dental Insurance Plan A. The City shall provide for all employees in classifications represented in this Memorandum of Understanding a dental plan of the City's choice. Effective July 1, 1990, the City shall increase its contribution to"pay one hundred percent (100%) of the cost of the plan in effect at that time for the employee and his/her dependents. (Current dental plan is Delta Dental.) ARTICLE 11. HOLIDAY LEAVE The following days shall be paid holidays for employees: a. Independence Day b. Labor Day c. Veterans' Day d. Thanksgiving e. Day following Thanksgiving f. Christmas Eve, 1/2 day g. Christmas h. New Year's Eve, 1/2 day i. New Year's Day j. Martin Luther King Day k. Lincoln's Birthday I. President's Day m. Memorial Day n. One day of Employee choice with Supervisor approval (Floating Holiday). o. Every day designated by the President, Governor, or Mayor for public observance as a special, nonrecurring single event, such as the death of a national leader or end of a war. When any of the above-listed holidays fall on Saturday, it will be recognized on Friday. If it falls on Sunday, it will be recognized on Monday. For all employees who regularly worked on Saturday and/or Sunday, the holiday will be specified by the above-listed dates. In case a holiday falls on an employee's regularly scheduled day off, he/she shall have "the option to take such a holiday on an alternate day, as selected by the employee and approved by the Department Director. ARTICLE 12. V ACA TION LEAVE A. The purpose of annual vacation leave is to enable each eligible employee to annually return to his work mentally and physically refreshed. SEIU MOU 16 ARTICLE 12. VACATION LEAVE (continued) B. Each eligible employee shall be required to have served the equivalent of one year of continuous service in the City in order to be eligible for his/her full annual vacation leave. However, in the event an employee so chooses, he/she may, after six (6) continuous months of service, take vacation leave not to exceed five (5) working days, with the Supervisor's approval. C. Employees who terminate employment and upon return of all City-owned property in good condition, shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. D. Vacation leave with pay shall be earned by employees in accordance with the following schedule: AFTER: YEARS DAYS - HOURS PER MONTH 01 10 6.67 02 12 8.00 03 13 8.67 04 14 9.34 05 15 10.00 06 15 10.00 07 16 10.67 08 16 10.67 09 17 11.34 10 17 11.34 11 18 12.00 12 18 12.00 13 19 12.67 14 19 12.67 15 20 13.34 E. If for any reason an employee becomes ill during a vacation, or in the case where a holiday falls during a vacation period, the affected employee shall be entitled to utilize such available sick or holiday leave in lieu of vacation leave. The vacation period may be appropriately extended upon approval of the S~pervisor. F. Vacation leave may be taken as it accrues. Vacation shall be scheduled at the discretion and convenience of each individual employee, with the consent of the Supervisor, within the limitations necessitated by the legitimate operational needs of the City. G. In the event the scheduling preferences of two (2) or more employees conflict, the preferences of the more senior employee from date of hire shall govern, barring any unusual circumstances. SEIU MOU 17 ARTICLE 12. VACATION LEAVE (continued) H. An employee must use a minimum of 50% vacation leave earned each calendar year during that same calendar year. The balance of the vacation leave remaining unused during that same calendar year may be accrued. Exception is made to this paragraph for all new employees commencing City employment after December 31 st of each year so that there is no requirement upon a new employee to use a minimum of 50% of vacation leave earned by the first December 31 st after employment commences. I. Employees may accrue vacation leave up to a maximum of 225 hours. In the event an employee's accrued vacation leave exceeds the maximum allowable on January 1, the employee shall be paid at his/her January 1 hourly wage rate for those hours accrued in excess of the maximum allowable. Upon request of an employee, an exception to the accrual limit may be made upon recommendation by the Department Director and approval by the City Manager. ARTICLE 13. SICK LEAVE A. All full-time, permanent employees shall accrue one working day of sick leave with pay for each month of service, with unlimited accumulation. Upon retirement, an employee may choose to be paid for 50% of unused sick leave, to a maximum of 440 hours at his/her current rate of pay, or designate all or a portion of the foregoing entitlement to his/her P.E.R.S. retirement program. At the end of each year, each employee has the option of being paid straight time for 25 % of his/her un!jsed sick leave of th(it year, transferring it to vacation, or leaving it in sick leave. B. Employees may transfer sick leave on a voluntary basis to a fellow employee who has exhausted all his/her sick leave and vacation leave due to an extended illness or injury. The transfer shall be based on each employee's hourly rate of pay and shall not exceed twenty-four (24) hours of sick leave based on the hourly rate of pay of the receiving employee. The transfer shall be requested on a form provided by the City, be completed by both employees who mutually request such transfer, and submitted for approval to their Department Directors and the City Manager for final approval. The receiving employee shall not be obligated to repay any transferred leave to the contributing employee, and contributing employee understands that such transfer shall be deemed as if used and will be subject to all other provisions applicable. ~ Transfers Transfer of an employee to a position within the employee's current range shall not affect the employee's salary rate. Transfer of. an employee to a position within a higher range shall be considered a promotion. Transfer of an employee to a lower range shall be considered a demotion. SEIU MOU 18 ARTICLE 13. SICK LEAVE (continued) ~ Bereavement Leave Permanent employees shall be granted leave by their Department Director whenever the affected employee has experienced a death in the immediate family, defined as the spouse, the employee's or employee's spouse's father, mother, brother or sister, child or stepchild, grandparents, grandchildren, son-in-law, daughter-in-law, "step" relatives as described above, aunt or uncle, or any other person residing in the same household where attendance to the funeral is necessary. Such absence by the employee shall be limited to five (5) working days per occurrence of paid leave. Such leave is not chargeable against sick or vacation leave. As a condition of granting leave for bereavement purposes, the appointing authority may request verification of the loss. At the discretion of the appointing authority, such leave may be granted because of the death of a mother-in-law and/or father-in-law. 1.3.&. Family Leave A. An employee may take an unlimited amount of sick leave if required to be away from the job to personally care for a member of his/her immediate family, as defined in Article 14.2, Bereavement Leave, subject to approval of the supervisor and verification of need. B. Pursuant to the State and Federal leave Acts, the following is provided for all employees who have been employed a minimum. of 12 months and have worked at least 1,250 hours during the 12-month period preceding leave: 1. Up to 4 months (88 workdays) unpaid leave in a 24-month period. Intermittent leave is allowed. 2. leave may be taken for: 1) birth of and care of newborn child; 2) placement of child with employee for adoption or foster care; 3) to care for spouse, child, or parent having serious health condition; 4) employee's own serious health condition. 3. The employee's insurance, including medical, dental, vision, and life insurance will be maintained under the same conditions as if the employee were still working. 4. Request for leave must b,e made 30 days prior to leave, if foreseeable. 5. Employee may use accrued vacation, holiday, or personal leave during family leave. Sick leave may be used for employee and/or immediate family illness or disability. SEIU MOU 19 ARTICLE 13. SICK LEAVE. (continued) .13....3. Family Leave (continued) 6. Upon return to work, employee will be restored to same or equivalent position with equivalent benefits. All other provisions of the State FCLA and Federal FMLA apply. ARTICLE 14. LEAVES OF ABSENCE 14.1 Medical Leave Medical leave without pay may be granted for the purpose of recovery from prolonged illness or injury or to restore health or for pregnancy upon employee's written request to and approved by the Department Director and City Manager, subject to submission of medical evidence satisfactory as establishing the employee's medical need. During the approved leave period, the City will not pay employee benefits; however, the employee may elect to . maintain City medical insurance coverage for employee and dependents at employee's sole cost if such coverage of all individuals is in effect sixty (60) days prior to leave application to the City Manager. 14.2 Emergency Leave Emergency leave without pay may be granted to any permanent employee who, upon written request to and approved by the Department Director a~d City Manager, demonstrates that the leave is necessary for personal reasons beyond his/her control or will serve to improve his/her ability as an employee of the City. Emergency leaves may be granted up to a maximum of one (1) year. Upon expiration of an approved emergency leave, the employee shall be reinstated in the position held at the time leave was granted. The leave period shall not be credited to employee seniority or credited toward time served with the City. Failure on the part of the employee on leave to report promptly at the leave's expiration shall be cause for discharge. During the leave period the City will not pay employee benefits; however, the employee may elect to maintain City medical insurance coverage for employee and dependents at employee's sole expens~ if such coverage of all individuals is in effect sixty (60) days prior to leave application to the City Manager. ;... 14.3 Jury Duty Employees shall be granted leave, with full pay and no loss in benefits, when called for jury duty, if the employee remits jury fees received for such jury duty. The employee may retain all travel payor subsistence pay granted by the court because of the employee's participation in jury duty. The employee shall be responsible for notifying his/her supervisor as soon as SEIU MOU 20 ARTICLE 14. LEAVES OF ABSENCE (continued) H...3 Jury Duty (continued) possible upon receiving notice to appear for jury duty, make every reasonable eft"ort to keep his/her supervisor advised as to the anticipated length of service, and return to work immediately following the end of jury duty service. 14.4 Military Leave Every employee of the City shall be granted military leaves of absence and other benefits as provided in Division II, Part I, Chapter VII of the Military and Veteran's Code of the state of California. ARTICLE 15. UNIFORM ALLOWANCE The City agrees to furnish five (5) shirts and five (5) pairs of pants per week for employees in the following cla$sifications: Building Maintenance Person Mechanic Construction Inspector Parks Foreperson Public Works Supervisor Sports Facilities Maintenance Person Leadperson Maintenance Worker I, II, III Employees hired to fill newly-created classifications will also receive uniforms under this section if the wearing of a uniform is required. Uniforms for the above-listed field personnel are to be worn during work and may be worn to and from work. ~ Safety Shoes During the term of this Agreement, the City shall pay to all unit employees, as listed in Article 16, and to the classification of Building Inspector, $125 per year toward the purchase of safety shoes. Employees working less than one (1) year will receive a prorated safety shoe allowance based upon time worked. The safety shoes must,be wornduring all hours where there is a need for such shoes or as required by the Department Director. ~ Safety Glasses The City will provide safety prescription glasses and lens for those empioyees who need them to carry out their tasks. The glasses will comply with OSHA standards. SEIU MOU 21 ARTICLE 16. RETIREMENT 1.6.....1 P .E.R.S. Retirement Contributions The City is a contracting agency with the Public Employees Retirement System of the state of California, to which the City and the employees both contribute. This is carried on in conjunction with Social Security. Participation is mandatory for all full-time City employees. The City shall pay on behalf of each employee an amount equal to seven percent (7%) of that employee's wages currently paid by the employer to his/her P:E.R.S. retirement program. 1.6....Z Retirement Defined Retirement is defined as the termination of employment at an age when the employee would qualify"for an allowance under the Public Employees Retirement System (P.E.R.S.) and the City's Personnel Regulations. ARTICLE 17. PROBATIONARY PERIOD All original (entry) appointments shall be tentative and subject to a probationary period of twelve (12) months. All promotional appointments shall be subject to a probationary period of six (6) months. The Department Director, with consent of the City Manager, may extend the probationary period for specified cause(s), which shall be provided in writing to the employee. The probationary period shall be regarded as a part of a continuing testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of an employee to his/her newly appointed position, and for rejecting any probationary employee whose performance does not meet the required standards of work. The Department Director, with the consent of the City Manager, may release a newly hired probationary employee from City employment without cause at any time during the probationary period. The Department Director, with the consent of the City Manager, may remove a transferred or promoted employee from the position to which promoted without cause at any time during the probationary period; in which event, that employee shall be reinstated to his/her original position from which originally transferred or promoted. ARTICLE 18. PROMOTION Promotion of an employee to a higher range shall result in an increase in salary. The employee's salary shall be placed in the salary range of the new position which would result in at least a five percent (5%) increase in salary compared to the employee's existing salary position. Promotion of the employee may be made with the consent of the City Manager without testing or opening the position for consideration of all nonemployees. All current employees shall be given consideration for a position opening that will be filled by promotion. An employee promoted to a SEIU MOU 22 ARTICLE 18. PROMOTION (continued) new position shall serve a six (6) month probationary period in that position. In the event the promoted party is removed from the position to which promoted, the employee shall be considered demoted but shall be returned to the range from which promoted. No change in step shall occur as a result of an employee passing the promoted position probationary period. A promoted employee shall retain his or her salary anniversary date held prior to promotion. ARTICLE 19. PROMOTIONAL OPPORTUNITIES A. Posting Promotional opportunities for classifications within the representation unit will be posted tor at least ten (10) working days (Monday through Friday) prior to selection. B. Selection The selection procedure tor each promotional opening will be determined and. administered by the employing department in consultation with the requesting department. Selection procedure and job description information will be attached or incorporated into the job-posting notice at the time of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification; and tests may not be biased with respect to race, sex, religion, creed, political affiliation, color, national origin, ancestry, or age. Selection procedures may include any or all of the following phases: 1. Application: Both inside and outside candidates will make applications on forms specified by the employing department. Applications must be submitted to the employing department. 2. Screening: Applications will be screened by the employing department to ascertain whether candidates meet minimum requirements as outlined in the job description. Applicants screened out at this level will receive a written response explaining such action. . 3. Performance Testing: Performance tests, such as typing, machinery or vehicle operation, skills demonstration, physical agility, etc., will be qualifying. Pass/fail points will be announced in advance for qualifying tests. 4. Written Tests: Written achievement or aptitude tests will be qualifying. Pass/fail points will be announced in advance for qualifying tests. SEIU MOU 23 ARTICLE 19. PROMOTIONAL OPPORTUNITIES (continued) 5. Interviews, Appraisals: Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed of qualified and unbiased people. If individual interviews or an interview board is used, a majority of the individuals or board members must recommend a candidate in order for the candidate to qualify for appointment. C. Recommended Candidates Candidates who successfully complete all phases of the selection procedure will. be recommended to the Department Director and/or City Manager. -. D. Appointment The Department Director and/or 'City Manager will make appointments from among those recommended candidates who are most qualified as determined by objective review of selection procedure results and background materials. ARTICLE 20. DEMOTION Transfer of an employee to a lower class shall result in reduction of salary. The employee's salary shall be placed in the identiqal step in the lower class that the employee enjoyed in the class from which demotion was made. Demotion can be made for cause, except for demotions from probationary positions. Cause shall be provided to the employee in writing by the Department Director prior to any action taking place. Demotion for disciplinary reasons may be appealed through the grievance procedure by the demoted employee. Demotion for other reasons is not appealable. ARTICLE 21. LAYOFFS Whenever, in the judgment of the City, it becomes necessary to make a reduction in force, whenever possible said reduction shall be accomplished through attrition. Workers subject to a reduction in force shall be given at least thirty (30) working days' notice prior to the effective date of the layoff. The Union shall receive concurrent notice and may be granted an opportunity to meet and consult with the City to discuss proposed alternatives to a reduction in force. When one or more workers performing in the same class in a City department is to face a reduction in force, that worker's most recent ~nnual evaluation and seniority shall be used to determine the order of-layoff. SEIU MOU 24 ARTICLE 21. LAYOFFS (continued) The order of layoff shall be as follows: A. Temporary workers in inverse order of seniority (least first); B. Permanent employees whose most recent annual evaluations were below satisfactory in inverse order of seniority; and C. Permanent employees in inverse order of seniority. If a laid-off employee's position, or a. similar position to which the City determines the former employee"is suited, becomes available within twelve months of layoff, said former employee shall be recalled in the reverse order of layoff. If a job in a lower classification becomes available and a former employee is qualified in the judgment of the City, he/she may fill the slot until his/her former position becomes available, if ever. ARTICLE 22. PERSONNEL RECORDS An employee or his/her designee may inspect his/her personnel file and obtain .copies of any and all items in that file at employee expense. An employee may have placed in his/her personnel file any signed and dated statement of clarification or disagreement to any item or article contained within his/her personnel file. Personnel files include those files maintained by the immediate supervisor or other administrators/supervisors involved in employee evaluations, as well as the central personnel file. A supervisor's personal notes shall not be considered a part of the personnel file. ARTICLE 23. RESIGNATION An employee wishing to leave his/her employment with the City in good standing shall file with his/her supervisor a written resignation stating the effective date of his/her resignation and the reasons for leaving. The resigning individual shall file such written resignation at least two (2) weeks in advance of the effective termination date and participate in an exit interview conducted by the City prior to issuance of the final paycheck. SEIU MOU 25 ARTICLE 24. OUTSIDE EMPLOYMENT No full-time employee shall engage in outside employment or an enterprise that his/her Department Director and/or the City Manager may find unsuitable and in conflict with their municipal duties or responsibilities or that lessens their effectiveness as a City employee. ARTICLE 25. POSITION VACANCIES Should the City determine that a vacancy will not be filled, such determination shall be made within 45 working days of the date upon which the worker vacated the position. Upon said determination the City will notify the workers in the affected department and the Union. ARTICLE 26. .POSITION CLASSIFICATION Classification Changes: During the course of this M.O.U., the City shall notify the employee concerned in case of contemplated change in job content as contained in the classification descriptions that were in effect at the beginning of the agreement. Working Out of Classification: The term "working out of classification" is defined as a Management-authorized, full-time assignment to a budgeted position on a temporary basis, wherein all significant duties are performed by an individual holding a classification within a lower compensation range. Pay for working out of classification shall be as follows: A. Employees appointed to unfilled positions on an "out of classification" basis will receive acting pay within the range of the higher classification beginning the first day of the assignment. B. Employees appointed to a position for vacation, sick leave, or other leave of absence coverage will receive acting pay wit~in the range of the higher classification after five (5) consecutive work days of assignment in the acting position. Such acting pay shall be five percent (5%) over the employee's current salary. "Out of classification" provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs or declared conditions of emergency and/or disaster. SEIU MOU 26 REPRESENTATIVES OF CITY REPRESENTATIVES OF ARROYO OF ARROYO GRANDE GRANDE CHAPTER S.E.I.U. LOCAL 620 DATE: January 13, 1998 DATE: January 13, 1998 ~L.~~ IslGeorge Green ROBERT L. HUNT, CITY MANAGER GEORGE GREEN S.E.I.U. CHIEF NEGOTIATOR R6:~~ ~~ ~~O -- SANDI FORD S.E.LU. FIELD REPRESENTATIVE S&;OR~ S.E.LU. NEGOTIATOR 4} J\ "'- --"- CURTIS JOHNSON S.E.LU. NEGOTIATOR SEIU MOU CITY OF ARROYO GRANDE EXHIBIT" A" 7/1/97 - 6/30/98 SCHEDULE OF SALARY RANGES-SEIU RANGE A B C D E 11. 1517 1593 1672 1756 1844 12 1555 1632 1714 1800 1890 13 1593 1672 1756 1844 1936 14 1632 1714 1800 . 1890 1984 15 1672 1756 1844 1936 2033 16 1714 1800 1890 1984 2083 17 1756 1844 1936 2033 2134 18 1800 1890 1984 2083 2188 19 1844 1936 2033 2134 2241 20 "1890 1984 2083 2188 2297 21 1936 2033 2134 2241 2353 22 1984 2083 2188 2297 2412 23 2033 2134 2241 2353 2471 24 2083 2188 2297 2412 2532 25 2134 2241 2353 2471 2594. 26 2188 2297 2412 2532 2659 27 2241 2353 2471 . 2594 2724 28 2297 2412 2532 2659 2792 29 2353 2471 2594 2724 2860 30 2412 2532. 2659 2792 2932 31 2471 2594 2724 2860 3003 . CITY OF ARROYO GRANDE EXHIBIT" A" . 7/1/97 - 6/30/98 SCHEDULE OF SALARY RANGES-SEIU RANGE A B C D 'E 32 2532 2659 2792 2932 3078 33 2594 2724 2860 3003 3153 34 2659 2792 2932 3078 3232 35 2724 2860 3003 3153 3311 36 2792 2932 3078 3232 3394 37 2860 3003 3153 3311 3476 38 2932 3078 3232 3394 3563 39 3003 3153 3311 3476 3650 40 3078 3232 3394 3563 3741 41 3153 3311 3476 3650 3833 42_ 3232 3394 3563 3741 3929 43 3311 3476 3650 3833 4024 '44 3394 3563 3741 3929 4125 45 3476 3650 3833 4024 4226 46 3563 3741 3929 4125 4331 47 3650 3833 4024 4226 4437 48 3741 3929 4125 4331 4548 49 3833 4024 4226 4437 . 4659 50 3929 4125 4331 4548 4775 51 4024 4226 4437 4659 4892 EXHIBIT" A" CITY OF ARROYO GRANDE 7/1/97 - 6/30/98 SCHEDULE OF SALARY RANGES-SEIU RANGE A B C D 'E 52 4125 4331 4548 4775 5014 53 4226 4437 4659 4892 5136 54 4331 4548 4775 5014 5265 55 .4437 4659 4892 5136 5393 56 4548 4775 5014 5265 5528 57 4659 4892 5136 5393 5663 58 4775 5014 5265 5528 5804 59 4892 5136 5393 5663 5946 60 5014 5265 5528 5804 6094 61 5136 5393 5663 5946 6243 62 5265 5528 5804 6094 6399