afscme/; morgan hill mou 2013-2015

8/11/2019 AFSCME/; Morgan Hill MOU 2013-2015

1/78

MEMORANDUM

OF

UNDERSTANDING

City

of

Morgan

Hll

CITYOFMORGAN

HILL

merican

ti

Count

and Municipal

Employees

Local District Council

July

2 3

June 3

2 5


2/78

AFSCME

MEMORANDUMOFUNDERSTANDING

2 35

TABLE

OF CONTENTS

Preamble

ArticleI Term

Article Representation

Meet

Confer Process

Release

Time

2

Dues

Deduction Process

3

Voluntary

Union Dues

Deduct ions

3

Voluntary Agency

Fee

Deductions

3

hivoluntary

Deduction Process

3

Article III Management Rights

5

Article

IV

Definitions

5

Personnel

Rules 5

ArticleV Salaries Wages

Paid Benefits

5

Holiday

Pay

6

Work

Furlough

6

Other

P ay

6

Water Certification Pay

6

Weekend and Week

Night

Standby Pay

7

Out ofClass

P ay

7

Bilingual Pay

7

Overtime

Compensatory

Time

8

Base

Work Schedules

9

Health

Benefits

Article

VI

E IP P r og ram

Educational Incentive Pay Program

I

Tuition

Reimbursement

Article

VII Types

of

Leave

2

Sick Leave

2

Vacation Accrual

2

Extended Leave Pol icy

3

Bereavement Leave

4


3/78

ArticleVIII Miscellaneous Benefits

4

IR S 25 Program

5

Article

IX

Miscellaneous

Policies

andProcedures

5

Uniforms

6

Light

Duty

Determination

6

Substance

Abuse

Policy

6

ClassALicense 7

Citywide Safety Commit tee

7

Lay

Off

Procedure

7

Work

Stoppage

Any

Job Action Slowdown

9

ArticleX Grievance Procedure 9

Informal and

Formal Grievances

9

Employee Relat ions Panel

2

General Conditions

22

Article

XI

Miscellaneous

22

ArticleXII

Ratification

23

Signature

Page

23

Exhibits

Exhibit A

Salary

Schedule July 2 3 June

3

2 4

24

Exhibit

B

Salary

Schedule July

2 4

June

3

2 5

26


4/78

This

Memorandum

of Understanding

MOU

has been

executed

by

representatives of the

Morgan

Hill

City

Counci l

City and representatives of the Amer ican Federation

of

State

County

and MunicipalEmployees

Local

Union

ARTICLE

I

TERM

The term ofthis Agreement shall be twenty

four

24months commencing July 2 3

and

ending

June

3

2 5

ARTICLE

REPRESENTATION

2

Union

is a recognized employee

organization

within

the

meaning

of

City

smployer

Employee Rela tions

Resolut ion No 4955

2

2

Union represents al l regular full a n d

part

imeCity

employees

excluding

positions

represented

by

the

Police

Officers

Association POA

the

Communi ty Service Officers

Association CSOA and

those

identified in theManagementonfidentiaResolution

2

3

Regular

Partme

Employees

Regular part

time employees in Union represented

classifications who work

at least twenty 2

hours

per

week sha ll rece ive

insurance

educational incentive tui tion

reimbursement

a n d paid

leave

benefits provided

fo r

in this

agreement on a pro rated basis according to the number

of

hours worked per week

2

4

Meet

Confer Process

2

4

nion is the only

employee organization

which is

entitled to meet and confer with

City

on behalf

of represented employees a s

outlined

in

Item

2

2 above

2

42

epresentatives

of

City

and

Union

have

met

a n d

conferred

pursuant to the

provisions of

the

Meyers

Milias

Brown

Act

and Resolution No

4955 fo r the purpose

of

reaching

agreement concerning al l matters within the scope of representation fo r

City employees in Union

during

the

term

of the

MOU

2

43

n agreement has

been

reached

244nion agrees that it

will

not a ttemp t

to

meet and confer on any items within the

scope of the representation a s

defined

by the Meyers

Milias

Brown Act and City

Resolution No 4955 during

the

tern of

the MOU except

a s

provided in the MOU

245o

agreement

alteration understanding variation waiver

or modification

of any o f

t h e t e rm s

or

provisions

contained herein shall

in

any manner

b e

binding

upon

the

parties hereto

unless made and

executed

in writing by all

parties

hereto and if

required

approved

and implemented byCity and Union

AFSCME Local

Morgan

Hill MOU

July

2 3

June 3

2 5

Page


5/78

25 Release

Time

5

The

Union

Pres iden t Steward or designee shall be allowed release t ime with pay on

an asneeded basis to

participate

in meetings re la ted to employee discipline a s

set

forth in section of

the

City of

Morgan

Hill Personnel Rules

This

includes

meetings

with City

management

which

may

lead

to

discipline

of an

employee

when

the employee h a s requested

representation

b y Union and the

employee

has

a

legal

r ight

to

be represented No no ta tion

is

required on

the Union

Pres iden t Steward

or

designee

s

imecard

when

using release time

fo r

the purposes

described

in

this

section

2

52

total

of

up to forty

4

hours each

fiscal

year

of

release t ime

with

pay may be

used by

the Union President

Steward

or designee fo r the following purposes when

representation is requested by the employee and the employee

has

a legal right to be

represented

a

Preparation fo r pre disciplinary or disciplinary mee tings

b

Processing formal grievances in accordance with the formal grievance

procedure

set

forth in Section

X of

this MOU and

C

Meeting with employees regarding

informal

grievances and presenting

informal

grievance

issues to City

management

The

forty

4

hours

of release time

a r e

cumulative the Union Pres ident Steward or

designee together are

allowed a total of forty

4

hours

under

this

provision

The

Union President

Steward

or designee shall note

Release

Time on

their

t imecard

when us ing

release

t ime

for

the

purposes described in this

section

2

53

he Union

Pres iden t S teward

or

designee

shall

be

allowed release time

with

pay

on

an asneeded

basis

to

participate

in

City

initiated

meetings to discuss

issues

within

the scope of

representation

No

notation

is required on the

Union

President

Steward

or designeesimecard

when using

release

time fo r the purpose described in

this

section

2

54he

Union President Steward or designee shall first obtain permission

from

his

or

her supe rv iso r o r other appropriate

management

personnel before using release time

regardless

of the

purpose

fo r

which

release time is needed Permission to use release

time may be

delayed

in

circumstances when

C ity work would be seriously

compromised

by

the

Union

P res ident S tewa rd

or

designee

stopping

work

However

permission will be granted

within a

reasonable t ime

flame

255nion general membership meetings will continue to be

held

during lu nch o r after

work

256ity

shall

provide release time fo r three 3

Union

employees fo r attendance

a t

formal meet and confer

sessions

ATSCMELocal

Morgan

Hill

MOU

July 2 3 June

3 2 5

Page

2


6/78

26 Dues Deduction Process

6

VoluntaryUnion Dues Deduction

City

shall

deduct Union

dues

from

the pay

checks

ofmembers

ifUnion follows

the

requirements

o f

this

paragraph

Union

d u e s a r e

the d u e s

that

Union

c h a r g e s

members fo r

membership in

the

Union representation in

collective

bargaining a n d

other

employment

related matters

within the

scope

of

representation

a n d Union

poli t ical activity

City shall

only

deduct Union d u e s fiom a n

employee

say

check if the

employee

h a s

submitted

a s i g n e d authorization c a r d to City clearly

stating t h e

employee s

desire fo r City to

deduct

Union dues It is understood a n d agreed by both City a n d

Union that Union

a c c e p t s

responsibility

fo r submitting authorization

c a r d s

t o

City

and

fo r in fo rm ing C ity whenever

an

employee

withdraws

his

or

her

authorization

Such deductions shall b e

made

from

e a c h

authorizing

employeesay

check

a n d

remitted to Union each

month

2

62oluntary

Agency Fee Deductions

City

shall deduct

agency

f e e s

from the pay checks ofmembers ifUnion fo llows the

requirements

of

this

paragraph Agency

f e e s

represent the percentage ofUnion

d u e s

u s e d fo r representing

members

in their employment with City a n d other categories o f

chargeable

e x p e n s e s

recognized by federal court

decisions

Agency

f e e s d o

not

include

amounts

u s e d for

Union

political activity

or other categories

of e x p e n s e s

deemed non chargeable to Union members by federal

court

decisions

City

shall only

deduct

agency

f e e s

under

this subsection from a n employeesay

check

if

the

employee

h a s

submitted

a

signed

authorization

card t o

City

clearly

stating the

employeesesire fo r

City to

deduct

agency fees It is

understood

and

a g r e e d by

both

City a n d Union that Union

a c c e p t s

responsibility for submitting

authorization c a r d s

to City and fo r informing City whenever an

employee withdraws

his

or

her authorization S u c h deductions shall b e m a d e

from

e a c h

authorizing

employee

say check and remi tted to Union each month

2

63nvoluntaryDeduction

Process

Union and

City

agree to conduct

involuntary agency

fee

deductions

in accordance

with

state and federal law as follows

a

F e e

Amount

During the term of this Agreement every employee covered by

the MOU shall

remain a member in

good

standing of

Union

2 pay to

Union

a

monthly

agency fee

not greater than

the

amount chargeable to

non

members

fo r

representation a n d bargaining

services or

3 in the c a s e of a n employee

who certifies that heshe

is

a

member of a

recognized

religion body

or

s e c t

which h a s historically held conscientious

objection

to

joining or financially

supporting public

employee

organizations

pay

a sum equal to agency

f e e s

to

one of the following

organizations Community

Solu tio ns E l

Toro Youth

AFSCMELocal MorganHill MOU

Judy

2 3

June3

2 5

Page 3


7/78

Center Morgan Hill

Communi ty Foundat ion Morgan

Hill Community

Health

Foundat ion United

Way

or Mt Madonna YMCA

b

New Employee Compliance

Newlyhired employees

shall comply

with one of

these requirements within thirty

3

days

of

starting employment with City

C

Non

Deduction

Periods

The deduct ions in this subsection shall not apply

during any period where an employee is

in

an unpaid status or does not have

enough earn in gs to pay

the dues or

fees

d

Excluded

Emplo ye es T his involuntary

deduction

provision

shall

not

apply

to

management employees

e

Involuntary Agency Fee Deduct ion Process

The

involuntary

agency

fee

deduction process will operate a s

follows

City

shall

deduct an

agency

fee from

the salary of

each

barga in ing unit

member that

Union

advises

City

in

writing has

not

authorized

a

Union

dues

or agency fee deduction

in

writing Union represents that it has consulted

with know ledgeab le legal counsel and has developed a plan including but

no t l imited to current

audits accuracy of agency fee

calculation and

legal

sufficiency of employee challenge procedures

and

certif ies

that

this plan

satisfies a ll const itu ti ona l and statutory requirements for involuntary agency

fee deductions

f

Indemnification Defense and Hold Harmless Union agrees to

indemnify

defend and

hold

City harmless against any and all claims

s uits o rde rs

judgments costs or attorney

s

ees including but

not

limited to

pre

litigation

administrative

staff

retained

outside

counsel

costs

an d

any

other matters

for

which

City may

seek indemnification under Government Code section

35 2

5

rought or issued against City as a

result

of theaction taken or not

taken by

City under

the

provisions of this

Agency Shop agreement

264hould

City change

or

increase

the duties requirements o r sa fe ty

hazards

of

any job

classificationepresented

herein Citywill

meet and confer

with Union no later

than

thirty

3

days before effective

date

of such change

or

changes fo r

the

purpose

ofnegotiating appropriate

salary adjustment or the

s o

changed

classification

t

a

leve l app rop ria te

to compensate for the increased duties requirements or

safety

hazards

2

65City

and Union

will split the printing cost of

the

Agreement equally

Union

will

choose the printer

AFSCMELocal

Morgan Hill

MOU

July

2 3

June 3

2 5

Page 4


8/78

ARTICLEIII

MANAGEMENTRIGHTS

3

The rights

ofCity as

exercised

by the City Counci l

and the

City

administration

include

but

are not l imited to

the

exclusive r ight to determine

the

mission of its constituen t

depar tmen ts commissions

and

boards

2 set standards

of service

3

determine

the

procedures

and

standards

of

selection

fo r

employment

4

direct

its

employees

5

take

disciplinary action 6 relieve its employees from

duty

because of

lack

of

work

or

other

legit imate

reasons 7maintain

the

efficiency of governmental operat ions

8

determine

the

methods means

and

personnel by which government operations are to be conducted 9

determine

the content

ofjob classif ications subject

to

any

requirement to meet

and

confer or

under

current

state law

require that employees

work overt ime

and

exercise

complete control and discretion over it s organ iza t ion and the technology

of performing

its

work except th at a ny agreement between City and Union evidenced by a MOU

pursuant

to

Government Code 35 et seq sha ll ta ke precedence over any of

the above enume ra ted

employee and management rights and that suchMOUwlle honored in good

faith

during

the life of

this

contract

subject

to Citysights to

determine when

a n

emergency exists

and

to take

all

necessary

action to

carry

ou t

its

mission

in

emergencies

32 Nothing

in

t his a rt ic le sha ll b e

cons trued to

limit amend decrease revoke o r o th erwis e

modify the

rights

vested in City

by any law regulating authorizing

or

empowering City to

act

or

refiain

fiom

acting

ARTICLE

IV

DEFINITIONS

4

The

term

Salaries Wages or Salary and Wages shall mean the

gross

monthly base pay

prior to any deductions

42 The term

Personne l

Rules

a s used

in

this Agreement means

those regulations

titled City

of

Morgan

Hill

Personnel

Rules

enacted

a s

Resolution

No 6 5

and

thereafter

and

hereafter

am ended In the e ve nt a conflict in interpretation

between

these Persomnel

Rules

as

included

by reference

and

similar sections a s contained in this MOU the

language

in the

MOU

will

be

used

for in terpretation

ARTICLE

V

SALARIES

WAGES

PAID BENEFITS

5 The salaries

and wages paid by

City

to employees in

Union a s shown

in

Exhibit

A

will

be

in

accordance with the jo b

classifications

they

hold

with

pay

rates to be

increased

by two

percent

2

o n the

first

pay

period

following

July

2 3

5

2 The salaries and

wages

paid by City

to employees

in the pos itions in Union a s shown in

the

table

below

and referenced

inExhibit

Bwill be

increased

by two percent 2

on the first

pay pe riod

following July

2 4

AFSCME

Local

MorganHill

MOU

July

2 3 June 3 2 5 Page

5


9/78

5

3

Holiday P ay

City

will

observe the

following

holidays

NewYears

ayMartin Luther

KingDay

President

s

ay

Cesar

Chavez Day

Memorial Day Independence

Day

Labor Day

Thanksgiving

Day after Thanksgiving Christmas Eve and Christmas

Employees

will

receive

one

half

ay

holiday

to

be used

during

the

furlough

period

or

on

the

last

work day before

the

furlough Citywill

maintain

minimum

staffing levels

on

these days and

the

Depar tment Director

will

determine which half

day the

employee may take off

a

Each

employee will rece ive two

2

loating holidays each fiscal year to be used

during

that

f iscal year with the

approval

of the

employee upervisor

b

Recognized holidays of City will

be

aligned to coincide with school holidays in

the

MorganHill

Unified

School District

C

Any hours

worked

on a

holiday

sha ll be compensa ted at double time If a holiday

falls

on a Friday or a Monday any hours worked on

th e weekend

connected to the

holiday will be compensated a t the holidaypay rate

d

Holiday

s tandby shall

be compensated at the rate of three

3ours

at double time

5

4 Work Furlough

City

shall annual ly implement an end of

year

furlough that includes the time period of

December 24

through

January

lst of

each

year

The

specific furlough

dates

and staffing

requ irements s ha ll b e dete rm ined

by

City

Furlough

dates shall

be provided to Union by

November

st

of each

year

and

staffing requi rements shall

be

finalized

and

published

by

December I st ofeach year

5

5

Other

Pay

55

aterCertification

Pay

All

employees in classifications that are

required by

the State

of

California to have

Water

Distribution

Certif icates

to perf orm the ir jobs

and

who in

fact possess

the

appropr iate current certificate will be entit led

to

receive an additional tw o and a half

percent

2

ofbase pay

Employees

will

receive

the addit ional

two and

a

half

percent

2

ofbase pay in the pay period following the date City receives

the

employee

s

urrent

certificate

If

a

Maintenance

Worker

has

the required

certification

and

is

assigned

to work in a

position

that

requires

the certification

heshewill receive the two and

a half

percent2certificationpay for those hours

worked

in tha t ass ignment

ARSCMELocal Morgan

Hill

MOU July 2 3

June

3 2 5

Page

6


10/78

5

52

eekend

and

Week

Night

StandbyPay

Weekend

Standby

shall be

compensated at the rate of three3

ours

at

time and

one

halfor each twenty four24 hour per iod covered Each

week

night

of

standby shall be compensated

at

the rate

of

one and

a

quarter

5

ours

at t ime

and

one

half

or

each

week

night of

standby

The

week

night

standby

period

shall

begin at the end of

the regular work shift and end

with the

commencement

of the

regular work shift

the

followingmorning

Employees

assigned standby must be

able

to re po rt to

the

Corporat ion Yard

within

thirty3 minutes from

the

t ime they are

called

5

53

ut

of

Class Pay

Whenever an employee is temporar i ly

assigned

in writing by their supervisor

to

work in a

higher

classification an d

performs

substant ial ly all of t he du ties of the

higher c lass if ica tion for a period ofmo re than ten cumulative workingdays the

e m p l o y e e

s h a l l b e

e n t i t l e d

t o

o u t

of

c l a s s

p a y

o n th e e le v e n th

d a y

of

assignment Having once satisfied the

te n

da y qualifying requi rement any

subsequent such

assignment

shall be so compensated an additional

five

percent 5

beginningwith the first da y of reassignment

5

54

Should

the

assignment la st m ore

than sixty

6 consecutive

calendar

days

the

emp loyee sha ll be

compensated

at

a

step

within the

norma l

range

which

is

at least an

additional five percent 5

higher than tha t received in accordance with

5

53

555ilingual

Pay

Union

employees identified

by

a Department

Director

to

use

Spanish or American

Sign

Language

in their work and who are certified by the process described below

shall

receive

the

following

compensat ion

a

Employees

hired

prior to June

3

2 3 shall

receive

five

percent

5

of

base salary On July

2 3

that amount will be calculated and converted to

a fixed

amount

or one

hundred

and fifty

dollars5er month

whichever is greater

b

Should there be subsequent adjustments to base

salaries

the amount

determined on July 2 3

shall

remain the fixed inperpetuity

G

Employees hired on or

after

July

2 3 shall

receive a monthly

stipend

of

one

hundred and fiftydollars5

d

The Certif ication process shall be

completed

by

a

provider

contracted

by

Human Resources

or three

3erson

panel establ ished

by

Human

Resources to determine

conversational

competence Employees sha ll be

subjec t to recertif ication

every

two2ears unless

the certification

is waived

by

City

e

An

eligible

employee

may

request

to be

tested

forbilingual certification

at

any time

AFSCMELocal

Morgan

Hill MOU

July 2 3

June

3

2 5 P age

7


11/78

56

OvertimeCompensatory

Time

6

Overtime

Compensatory t ime is def ined

a s one

and

ahalf

imes

an

employee

total hourly salary

Overt ime

Comp t ime is

paid

for any amount

of

t ime exceeding

fifteen 5

minutes more than the

employee

sormal

work

shift provided

the

employee

is

working

an

eight

8

our

or

more

work shift

or

any

work

t ime

in

excess

of the forty4 hour work week unless

additional

hours are

worked

as a result of a

shift

chan ge Ove rtim e

Compensatory

t ime for a regular part time employee who

works

overhsernormal work schedule will accrue compensatory

time at

the

employee

s

ormal rate of hourly

salary fo r hours

under forty

4

pe r week and

one

andahalfimes fo r hours over

forty

4 per

week

All

such

t ime must be

approved in advance with the employees

upervisor

or

Department

Director

Overtime is paid on completed

fifteen

5

minute increments above

the

half

hour minimum

Time spent

on

paid sick leave disability

leave

vacation

leave

military

leave

compensatory t ime off or other author ized paid leave shall be

deemed

t ime

worked

fo r the purposes

of

this Article

562mployees called back to work outside

their

regular work shift shall be compensated

fo r

a minimum of two 2ours

a t

time and one halff their regular pay rate

For purposes of this provision the job

sha ll commence

once an employee

arrives on

site and shall be considered completed when either

management

or police dispatch is

notified

City

reserves the

right to

assign

additional

work

within

the

two

2

our

period and subsequent

call

outs within

the original tw o 2

our call out

do

not

receive a n additional

two

2

our call

ou t minimum Consecutive

work

time

which

is past

a

two

2our call ou t shall be a t t ime and

one

half

ay Additio na l call

outs during

the

course of

the

day once a

tw o2

our call out is completed and

outside

of a

completed

tw o 2our call

out

period

shall

re

start the

two 2our

call out time

5

63

nion personnel will have the opt ion ofreceiving either

paid

overtime

or

compensatory time off The compensatory time accrual l imit shall be o n e hundred

sixty

6 hours maximumUnion personnel may elect to make contr ibutions to one

of

Cityseferred compensation plans in a given pa y period in

lieu

of

receiving

paid

overtime

or

accruing compensatory time In addit ion

Union

personnel

have the

option

of

converting accrued compensatory t ime andoacation t ime to

one of

Citys

eferred

compensation

plans These contributions

can

be

one time lump

sum

contributions or

Union

personnel can

temporari ly

increase the

amount

of

their

established deferral For example ifa n employee works overt ime in a given

pa y

period he

she

may temporarily increase th e

amount

of their deferred compensation

contr ibu t ion for that

pay

period Union

personnel

must

submit a

completed defer red

compensation

enrollmenthangeorm to Payrol l and

the

Human Resources Office

prior

to the

end

of the payperiod for

which they

wish to

have

the

change be

effective

AFSCDIE

Local

MorganHill

MOU

July

2 3 June

3 2 5

Page

8


12/78

564uring

emergency

situations EOC

activation

such a s floods earthquakes severe

storms etcCity

reserves

the right to require that a ll

overtime

be compensa ted in

pay not compensatory time

5

65mployees working mo re tha n

twelve

2 hours in a day sha ll r eceiv e doub le time

for

h o u r s

worked beginning

with

t h e

thirteenth

3

hour

of

work

5

66mployees who

are contacted

and

consulted by

telephone

about a

work related

prob lem outside their regular work shift and who provide advice or direction shall

be compensated at an overt ime rate fo r the actual

t ime

s pent on the telephone

rounded up to the nearest thirty

3

minutes

The

time will be recorded on

timesheets as

overtime

57 BaseWork

Schedules

57

The

work

day

for

pay

purposes

shall

be

a

twenty four

24

hour pe riod commencing

with the beginningof the employee egularly scheduled shift

5

72he normal

work

schedule

shall

be

forty4 hours

consisting of

five

5onsecutive

days of eight8ours

each

exclusive of a

lunch

periodMonday

through

Friday or

any schedule

identified

in

Administrat ive P ol icy VI

Section 4

Should the

normal

work schedule need to be modif ied in terms ofdays

or shift

hours

by the Department Director to

facilitate

the

n e e d s

of City such modification in

norma l work schedules will be discussed with

Union

representatives as to methods

for

changing

or rotating

assignments prior

to any change The

affected

employee

should

be

notif ied at

least

five 5

ull

working days prior to

any

change

Such

modification

cannot

exceed a forty

4

hour work week

unless

additional hours are

worked as a result of

a

shift change

Recrea tion emp loyees may choose to

request

schedule changes

a s

needed rather

than

work

overtime

5

73

or the purposes of calculating

overt ime

compensatory t ime and

defining

payroll

periods

the aforementioned schedules will

apply

5

74

eporting fo r Duty Employees who

are

unable to

report

fo r work

at

the beginning

of

their

established shift

shall

notify their immediate

supervisor

at

least

thirty

3

minutes

prior

to

the

commencement

of

that

shift

Emplo ye es s ha ll

follow

departmental

procedures for providing notice of their absence

Failure to

report

to

work

for three3onsecutive

days

or shifts if applicable for

which

the employee is

scheduled

to work without g iv ing proper notice to

City

will

be considered

a voluntary resignat ion

of emp loyment even

if

a

coworker or

superv isor covers

the

shift or otherwise

arranges

for coverage

of the shift Such

employee shall however be reinstated provided the

employee

satisfactorily

shows

AFSCME

Local

Morgan

Hll MOU

July

2 3

June 3

2 5

Page 9


13/78

thathserailure

to

report

was the result

of

reasonable extenuating circumstances

beyond the

employee

ontrol

75

Except

in the case

of emergencies

employees sha ll

receive a lunch b reak a fte r four

4ours of

overtime

worked

576ny employee working

eight

8r more

horns at

the

overtime

rate

during

the

sixteen 6 hou r per iod immediately

preceding

the beginning

of

hserregular

work

shift shall be en tit led to

a rest

period

of

eight8onsecu tive hou rs

on the

completion

of such

overtime

work

with

the followingprovisions

a

No employee sha ll

be

required

to

work

in excess of

sixteen

6 hours

without rest

unless

an emergency is invest igated an d cont inued work is

deemed

necessary to prevent extreme property damage or to preserve human

life

b

If

the eight

8

our

rest

period

overlaps

hs

er

egular

work shift in

whole

or

in part heshe will be paid

at

the

straight time rate

for

the

time that falls

withinhseregular work shift

C

If the eight8our rest

period

overlaps a portion of the

first

halfofhs

er

work

shift

the

employee may

be

excused

f rom work until the beginning of

the second half of said shift If the eight8our rest period

overlaps

a

portion of

the second

halfof

hs

er

work

shift heshemay be excused from

work until the following work shift

He

she will be paid however for that

port ion

of

the

rest period that over lapshsernormal working shift He she

will not be

paid for

the

time

between

expiration

of the res t period

and

hs

er

report ing fo r work

d

Hours

worked

prior to an eight8our rest period

shall not

be inc luded in

determining anothe r res t

period

e

If the employee is ca lled b ack to work during

hs

ereight

8

our

rest

period

a new rest

period

will commence

at

the

conclusion

of

such

work

5

8 HealthBenefits

5

8

The

City

will contribute to the medical and dental health plans a s follows

a

Ninety

percent 9

of

the

lowest

cost

medical health

plan

plus

dental

fo r

employees

with family coverage

b

Ninetysix and onehalf percent 965

f the lowest cost medical health

plan

plus dental for employees with

employee

plus one coverage

G

For

those employees

who

waive

medica l

and

o

ental coverageorwho

have

employee only

coverage

APSCMELocal

Morgan Dill

MOU

July

2 3 June3 2 5 Page


14/78

i

The

health

al lowance contribution will be

five

hundred

seventy

five

dollars

575

er month Employees n ot us in g the entire benefi t

amount sha ll be

entitled

to

use

fifty 5

percent of

the

surplus amount

for optional

benefits

or for participating

in

medical

re imbursement

or

dependent care expense

accounts If

employees do

not

use their fifty

percent

5 surplus

for

optional

benefits

it

will

be

added to

their

salary

as taxable

income

ii At

the

t ime when

the

lowest cost medical plan plus

dental

coverage

exceeds

the

five

hundred seventy

five

dollars

575

er

month

health

care allowance

City

shall

provide one

hundred pe rcen t

of the

lowest

cost

medical

health plan

plus

dental

iii Employees who

waive medical

coverage shall be entitled to two hundred

fiftydollars25er month Employees who waive

dental

coverage

shall be entitled

to forty

dollars4

er

month

582ity agrees to provide

at

City expense up to percent

of the

premium

cost pe r emp loyee for the Employee

Assistance Program

as presently constituted

83

ll

members sha ll

have the

option

of

cont inuing their current medical

insurance a t

the

employeeswn cost after retirement This option

can

continue a s

long

a s there is

no

lapse in coverage and so

long a s

the

employee

pays

the

monthly premium

to

PERS or

to

the Finance

Department a s per their billing requirements

584

he

PERS Medical insurance

program shall

remain in

effect

for the

term

of this

agreement orunless the

parties

agree

to

terminate

the

agreement with

PERS

ARTICLEV

EDUCATIONAL

INCENTIVE

PROGRAM

6

Educational Incentive Pay Program

for

employees hired

before

July

2 8

SeeExhibit

G

62

Tuition

Rembursement

City shall provide

a

tuition reimbursement program

of

up

to fifteen

hundred dollars

er f isca l

year

fo r

the

cost

of

books

and

tuition

fo r

classes

beneficial

to the

employeesareer de ve lo pment Manda to ry fees required to

attend

classes and

parking fees also

may

be reimbursed through tuition reimbursement

All

classes

must

be

approved

in advance by the

Department

Director

Reimbursement

will take

p lace upon

a successful complet ion

or

passing of

the

course

AFSCMELocal MorganHill MOU July

2 3

June

3

2 5

Page


15/78

ARTICLEVI

TYPES

OFLEAVE

7

SickLeave

7

Sick Leave credit shall be

accumulated

on the basis

of

eight8ours per month

The

employee

ccumulated sick

leave

is

unlimited

7

2

he

Citywill pay

twenty

five

percent

25

ofunused

sick

leave at the

end

ofeach

calendar

year This payment will be based on sem i

annual

calculations

made on

June and December

of each

year Employees who have

a

balance

of at

least

one

hundred

sixty 6 hours of

sick

leave may

receive

fifty

percent

5

of the

unused sick leave

earned

that

year

The balance of sick leave

will

be

added

to

the

employeesccumulated

sick

leave

The twenty

five

percent 25

payout will not be calculated or paid to any

employee

absent from wo rk on a work

related

injury

which

is being

covered

by worker

s

compensation

73pon ret i rement

one hundred

percent

of the

employees

unused sick leave

balance

will

be credited to the employees retirement eligibility This amount would

then be

converted

into

t ime

in service and added to the employeesetirement

eligibility

Reference City contract with PERS Section 2 862

8

7

4nion

employees shall

be allowed to utilize two2ersonal

Leave

Days totaling

sixteen

6hours per f iscal yea r cha rgeab le to sick leave

75

mployees

may use up to twenty four 24

hours

of

compensatory

t ime when ill

or

to

attend

a

medicaldental appointment All other

time

missed in a

fiscal year

due to

illness

or

medca

enta

appo in tments requires the

use of

sick

leave

If

the

employee does not

have sick

leave and is

not on

an

approved

extended leave the

employee must take that time

offwithout

pay Vacation or compensatory t ime

will

not substitute fo r sick

leave

when

the

employee calls in sick or must

attend

a

medca

enaappointment

the

same

day they

were

scheduled to

work

with the

exception

of

twenty

four 24

hours

of compensatory t ime

pe r fiscal year

a s noted

above Per Section7

4

mployees may use sixteen 6hours

of

personal

time

which

is

charged to sick le ave fo r unforeseen appo in tments

and

unexpected

absences

72 Vacation

Accrual

72acation

Accrual shall

be as

follows

a

Eighty 8

hours

per year from the date ofhire through the second

2nd

year

of employment

b

Eighty e i g h t 88 h o u r s v a c a t i o n

during

t h e third3

d

y e a r of

employment

C

O n e

h u n d r e d a n d

four 4

h o u r s

v a c a t i o n

during

t h e

fourth4e a r of

AFSCMELocal MorganHill MOU

July 2 3 June3 2 5

Page

2


16/78

employment

d

O n e h u n d r e d

a n d

twelve 2 h o u r s v a c a t i o n

during

t h e fifth5e a r of

employment

e

O n e h u n d r e d

a n d

twenty 2

h o u r s

vacation

during

t h e

sixth

6e a r

of

employment

f

O n e hundred

a n d

twenty eight

28

h o u r s

vacation during

t h e

s e v e n t h7

year of

employment

g

O n e h u n d r e d

a n d

thirty six 36

h o u r s

v a c a t i o n

during t h e

e i g h t h8

e a r

ofemployment

h

O n e h u n d r e d

a n d

forty four 44 h o u r s

vacation

during

t h e

ninth9e a r

of

employment

i

O n e

hundred

a n d fifty

two 52

h o u r s vacation

during

t h e

tenth

e a r

of employment

j

O n e h u n d r e d a n d sixty

6

h o u r s

v a c a t io n a f te r

t h e tenth y e a r of

service

Maximum accumulat ion of vacat ion sha ll b e no more

than

that earned for

two

2

years Th is vacatio n accumu la tio n max imum shall be

en fo rceab le on

June 3 th of

each

year Employees may exceed the

maximum

prior to June

3 th

Any employee

who has more

than

tw o2ears annua l

accrual

on the books on July s t shall no t

accrue add it iona l vacat ion until vacation

usage

drops below

the

tw o 2

ears

allowable

accrual

7

22City

guarantees

during the term of

the MOU that no employee

will

lose vacat ion

accrued ifthe employee follows departmental guidelines fo r requesting

t ime

off

7

23

mployees who

have

vacation

or

compensatory

time

off

at

le as t equal to two 2

weeks shall

have the

option

twice pe r f iscal year of

receiving

pay

in

lieu of

time

off

fo r

a

total

ofeighty 8 hours of the

accrued

time pe r fiscal year

7

3

Extended

Leave

Policy

In the event an

employee

is a bs en t f rom work for i l lness

or

injury

unless notified

otherwise prior to the end of the af fected pay period the t ime offwill be

coded and

deducted from

accumulated

sick leave 2ccumulated

comp

time and 3

accumulated vacation time

in

that order If a determination is subsequently made

by

City

that

the injury

was

job

related

all

sick

leave

comp time

and vacation t ime used

to cover

the leave

will

be credited back

to the

employee

in an

amount

up

to the

worker

s

ompensation determination The

amount

of compensation

from City

may

need to be

offset

by

payments rece ived

from worker

ompensation

At no time

shall

the

employee rece ive compensation and

worker

sompensation payment in

AFSCME

Local Morgan

Hll

MOU Jule

2 3

June

3

2 5 Page

3


17/78

excess of their normal pay Employees with insufficient

time off

c redited to

them

will

be coded on

payroll a s absent without

pay Extended leave is defined

a s

tw o

2

weeks o r more

of

consecutive

t ime

off

due

to illness

or injury

74 Bereavement

Leave

Union members shall per occurrence be allowed t ime offwith pay in the event of a

death

in the family

Up

to

three

3ays of such

leave sha ll be

allowed

where

the

death and service are within the State ofCalifornia and

up

to five5ays

where

the

death or service is

outside

the State Usage of

this

leave shall

not

be charged against

the

employee ick le ave o r

vacat ion

Bereavement leave

longer

than

the applicable

allotment

or

fo r an

individual

outside

of an employeesamily may be

charged to

the employee acation o r sick

leave

a s applicable This leave will not affect

the

twenty

five percent 25

or fifty percent

5

cashout

ofsick leave for

the

same

calendar

year An employee who wishes

to

take

excess

be reavement leave must

ob ta in app roval

from a

supervisor or

the appropriate

depar tment designee

ARTICLEVIIMISCELLANEOUSBENEFITS

8

a For employees

hired

on or before January 2 3 and ClassicEmployees a s defined

in

Government

Code sect ion

75222

f the

Cal ifo rn ia P ub lic Employees

Pension

Reform

Act of2 2 PEPRA

hired

on or

after

January 2 3

City

agrees to

continue i ts contract

with the

Public Employees Ret irement

System PERS

for a ll

applicable reti rement benefi ts in effect on July 2 7 a s follows

The

PERS

miscellaneous

contract will provide the single highest year and the2

55 basic reti rement

formula

and

b For employees that are considered New

Members

a s

defined

in

Government

Code

section

7522

4

f

PEPRA h ired on or

after

January

2 3 the followingret irement

benefit

formulas will apply

The

PERS miscel laneous contract

will provide fo r

the

three

3

ighest

years

compensation average and the

2

62 reti rement

formula

c Beginning

with

PERS

rates

effective

July

2 4 City

and

Union

agree

to

split

future

rate increases

at

a5 atio For example inFY

3

4

Citysiscellaneous

contribution

rate

is

68

On July 2 4Citysate will i nc rease to7nd

thus Unionmembers

will contribute fifty

percent 5

of

the

increase7

68

925

46

his methodology

will be used in

subsequent

years

should Ca PERS increase

the

miscellaneous

contribution

rate

AFSCME

Local

MorganHill

MOU July

2 3 June 3

2 5 Page

4


18/78

d Effective

July

2 3 Union

members

will

pay the full employee contribution rate of

eight percent

8

Pr ior to July

2 3 City

paid

seven percent 7

of

the

employee

contributionwhile Union paid

one percent

for

the25t

55 retirement benefit

City

will

subsequently

increase

a ll sa la ry ranges inaddition to

wage

increases addressed

in ArticleVby seven percent 7

on July

2 3

8

2

City

shall cont inue to contribute two

percent

2

of

an employee

ase salary to a 457

defer red compensation p lan

per

pay

period

8

3

For the term of

this agreement

City will

maintain a

life insurance program fo r each

employee represented

by

Union

in the

amount of

one hundred thousand

dollars

ffective August

2 8

This

amount

will

be

paid

to the

employee

s

beneficiary

upon the death

of

the

employee

a s outlined

in

the program documents City

will

continue

to pay

percent

of the

cost

involved with

this program Any employee

currently purchas ing addi tiona l

life

insurance

through the flexible

benefits

plan m ay

continue to do so

8

4 For the term of this

agreement

City

will maintain a

long

term disability program on all

employees represented

by

Union T he amount of

monthly

coverage

fo r

the long

tern

disabilitywill be sixty

six and

two th irds

percent

662

of the employee

onthly

earnings or

a maximum

benef i t paid of four

thousand

dollars

er month

reduced

by any deduct ive

benefits

The maximum bene fit pe riod

is

to age

sixty five

65 or

twelve 2

months whichever is longer The elimination period is

the

sixty

6 days

of

total

disability

Employees

may be

eligible

for some

benefits

for

partial

disability a s

ou tlined in the P la n

documents

Citywill continue to pay one

hundred

percent

of

the

costs

involved

with this program

85

For

the te rms

of

this agreement

City

will

maintain

a

short

terra

disability

program

on

all

employees represented by Union

The amount

of weekly

coverage

fo r the sho rt term

disability will be sixty six and

two thirds

percent 66

2

of the

employee

eekly

earnings

or

a maximum

of

nine

hundred eighty

three983

er

week

with a

duration

of

eight

8weeks

and

the elimination

period

of

eight

8

ays The employee must be

totally disabled to qualify fo r benefits

P er

Plan requirements maternity

benefits

are

included in theshorterm

isability

coverage City

will

continue to pay percent

of

the

costs involved with

this

program

86

IRS 2 5 Program

86

ity

shall

maintain

ineffect the IR S25 Program

ARTICLE

IX MISCELLANEOUSPOLICIESANDPROCEDURES

9

City

agrees to

provide Hepatitis 3

shots

fo r those employees

represented

by

Union

who

regularly or occas iona lly

perforn

field duties

AFSCME

Local

Morgan

Hill

MOU July

2 3

June

3

2 5

Page

5


19/78

9

2 Unforms

92

City will

provide

uniforms for those employees in the Parks Streets and Utility

Divisions required

to

wear

uniforms

a s

a

condit ion

of

employment

All

divisions

will be

provided

soft caps with the City

logo

attached With the

exception

of

City

provided

soft

cap

or

safety

helmet

no

other

caps

head

gear

or

hats

are

to

be

worn

Citywill also

provide regular

uniform cleaning

Employees

assigned

uniforms are to

report to work inuniforms

that

a re nea t and clean

9

22Citywill reimburse

employees

who

regularly or occas iona lly

perform field

duties

up

to

two hundred dollars2 er

year

towards

the

purchase

of

Safe ty Shoes

Proo f

of

purchase

is required once purchased shoes

must be

worn du rin g

all

workinghours

93

LightDutyDetermination

9

3

In

the event

an

employee

is

in jured

and

off

the

job

for

ten

working

days o r

more

and

may

be able to

return

to work but

no t

able to perform all

her

s

ormal

jo b duty

assignments

a temporary light

duty assignment

may be made by City To be

eligible for such a modified ass ignment

City

may requir e

the

employee

to provide

the

Human

Resources

Office with

a

medical

statement from

hser treating

phys ic ian tha t clearly states the medical limitations

and

abilities of the employee

City

may

require a second or third

doctor

s

etermination

at City expense All light

duty

work requests shall be coordinated

through

the Human Resources Office Light

duty

may

be g ranted provide that

a

A

temporary modified

work

assignment

is available and may be

accommodated

without

adverse consequences

to

City

or d is rup t ion

in

services or operations

b City

may change

regular days offand work hours while the employee is

assigned to the temporary modified work assignment

c No

temporary

modified work assignment shall extend fo r more than ninety

9 days

with

the approval of the

City

Manager and

d No

temporary modif ied

work

assignment

creates

any

employee

entitlement to

an

assignment in

a light

duty

position

932n employee

receiving

such a

light

duty

determination

could

be

r eass igned to

another

ass ignment o r other

reduced work schedule

up to

a forty 4 hour work

week upon the determination

of the

Department Director Once the emp loyee

is

certif ied

by

hsert rea t ing phys ic ian or

City

doctor

as

no longer

in need

of light

duty heshewill be reass igned to

their

norma l work ass ignment

9

4

Substance AbusePolicy

9

4

Citysubstance Abuse Policy

shall

continue in effect for

the

term of this agreement

AFSCME

Local

Morgan

Hill

MOU

July

2 3

June

3

2 5

Page

6


20/78

95

Class

A

icense

All

Utility Worker

and

Maintenance Worker

employees

are

required

to maintain a

ClassA

icense

P ursua nt to the Department of Transportation regulations

such

employees are

subje ct to the

Department of Transportat ion Drug Policy A copy of

the

Policy

a s agreed

to

by

City

and

Union

is

attached Exhibit

H

9

6

Citywide

Safety Committee

City shall maintain a Citywide Safety Commit tee with Union appointing up to two

2

members

The Committee

sha ll meet

at least quarterly and shall re view a ll

acc iden t reports

and

make

recommendations thereon rev iew departmenta l sa fe ty

programs and

make

recommendations

thereon and

assist in

planning and presenting

safety programs

Respons ib ili ty fo r

and authority over

safety

continues

to

be

vested

inCity Management

9

7

Lay

Off

Procedure

9

7he City Council may

abolish any

position

in the Classified Service due to lack

of

fundswork

o r n ee d

972

f City implements a reduction in

work force City

will administer

the la yoff

policy

consistent with the following concepts

ORDER The

order of la yoff

shall be

a s follows

a Temporary asneeded emp loyees

b

P robationary employees and

c

Permanent employees

in

inverse order

of

seniori ty

within

the

classification series being reduced

2 SENIORITY Seniori ty

shall

be determined by

the

length of

current

continuous pennanent service

with

City regardless

of

classification in which

employed Continuous

service

shall

be

defined

a s that

which

has

not

been

interrupted

by

separation of service

from

City Seniori ty shall be retained

but shall

not accrue during any period ofauthorized

leave without

pay more

than thirty 3 days

except

for

military

leave The treatment of personnel

employed by

means of State

or

Federal grant

monies shall

be in accordance

with

regulations

fo r

retention

a s

established

by

the

grantor

In

the

absence of

such

regulations

the

type

of position Classified

or

Exempt

shall govern

treatment of such personne l Part time employees shall

only

receive

their total

hours of

credit and are only

subject to

combine

the i r to ta l

hours

fo r

bumping

another

partime

mployee

At no time

shall

a

part

time

employee

be eligible

to

bump a full

t ime

employee

regardless

of seniority Should a full

t ime

employee who i s subject to la y off

be

eligible

or

certified to work

in

a part

time

position

the full t ime employee

may

bump

into

that posit ion

beginning

with the least

sen io r part t ime employee

first

AFSCME

Local

Morgan

Hill

MOU July

2 3

June

3

2 5

Page

7


21/78

3 NOTICE Probat ionary and regular employees

in the

Class if ied Serv ice

who are scheduled to be laidoff shall rece ive

at

least a twentyone2 da y

notice When City

determines

that itmust

implement a

reduction in work

force notice

to

t he emp loyee sha ll

be inwriting

and the

bargaining unit shall

receive the following information in

addition

to the opportunity to discuss

with

a

representative ofmanagement

a

Reason

for layof

b Effective date of lay

off

c

Conditions

governing

reemployment and

d Information

regarding

unemployment insurance

973n l ieu of layoff an employee may

elect

transfer

or

demotion

to

a vacant

posit ion

in

the Classif ied Service which

City

intends

to fill

and

for

which

the

employee

is

qualified Such actions shall be

governed

by

the

terms of Section of the

Personnel

Rules

and

in

no event

shall

result

in

an

employee being

placed

in

a

classi ficat ion carry ing

a h igher max imum rate of

pay

If two2

r more

employees

have

requested

transfer

or demotion

to

the same vacant

posit ion

and

City

has

determined they

are both qualified

to fill

it the

mo re sen io r

employee

shall

receive

preference

For

purposes

of

this section

total

time

in the Classified Service

shall

be

utilized in

determining

seniority

974Within ten days fromthe date layoffnotices are issued an

employee

who would

otherwise be laidoff

may

e lect to

displace

an

employee

in a classification

carrying

a

lower or

the same maximum rate

of

pay provided that the displacing

employee must

have held regula r

status

in such

classification

and ha ve g re ate r time in

the

classification

and

directly

related

higher classif ications

combined than the employee

be ing d isp laced

For example

related

classifications would

mean

Utility Worker I

UtilityWorker

II Senior Utility

Worker

etc

9

75 probationary

or regu la r employee displaced

in accordance with

this

paragraph

shall in turn be provided the

same

notice and bumping privilege a s se t fo rth in

tha t paragraph

9

76

egular

and probat ionary

personnel laid

off in accordance

with this sectionshall

unless

they

request

otherwise be placed on

a

reemployment list for three3ears

If an employee is re

employed

from

such

a list all service credits and

sick

leave

accrued

to the

date

of layoff shall be restored

In

no event however shall City be

required

to restore credits for vacation and s ick leave pa id

out at

the time

of layoff

977t the

t ime of

layoff

the

employee

same shall be removed from a ll

promotional

eligible

lists

but

at the

employee equest shall be re ta in ed on

open competi t ive

lists s ub je ct to the provisions of Section of the Citysersonnel Rules If the

employee

is

reemployed

prior to the expirat ion of a

promotional list th ey sha ll be

reinstated to

the

list

AFSCME

Local

Morgan

Hill

MOU

July

2 3

June

3

2 5

Page

8


22/78

978rior to the effective date of layoff the

Depar tment

Director shall furnish the City

Manager

a f inal evaluation of

the

employeeserformance

979

Management employees

are not eligible to bump down into a Union represented

position regardless oftheir previous seniority or status

9

8

Work Stoppage Any Job Action Slowdown

9

8

During

the

lifeof this MOU

no

work stoppage strikes or

picketing

shall be caused

or

sanctioned

by

Union and no lockouts

shall

be made

by

City

9

82

n

the

event that

any emplo yee cove red by this

Agreement

individually or

collectively violates the

provisions of

this art ic le and Union

fails t o

exercise

good

faith in halting

t h e

work

interruption Union

a n d

t h e

e m p l o y e e s involved shall b e

deemed

in

violation

of

this

article

and

City

shall be entitled

to

seek

all

remedies

available to it under appl icable law

9

83

Should City change

or

increase

the

duties requirements

or

safety hazards of any job

classification

epresented herein City will meet and confer with Union no later

than

thirty3

days before effective date

of

such change or

changes for the

purpose

of negotiating appropriate salary adjustment or

the

s o changed classification

t

a level

appropriate to compensate fo r the

increased

duties requirements or

safety

hazards

ARTICLE

X

GRIEVANCE

PROCEDURE

The following grievance procedure will be

ineffect

2A

grievance

is defined a s any

dispute

involving the interpretation application or

alleged

violationof

2current Memorandum ofUnders tand ing be tween

City

and Union

22itysersonnel Rules where the provision

in

dispute

is within the scope of

representat ion

3

Disciplinary appeals

a r e subject to the provisions

of

Citysersonnel Rules

4nformal and

FormalGrievances

4

tep An

employee who has

a grievance shall bring

it

to

the attention

ofhs

er

immediate supervisor within five5orking days

of

the occurrence

of

the act which

is the basis fo r the dispute If the employee and the immediate

supervisor

are

unable

to

resolve

the

grievance within five

5

orking days of the

date

it is

raised

with

the

AFSCME

Local Morgan

Hill

MOU July

2 3

June

3

2 5 Page

9


23/78

immediate supervisor

the

employee shal l

have the right to

submit

a formal

grievance

which

shall

contain

the following

information

a

The name of the grievant

b

The

grievant

s

epar tment

and

specific

work site

C

The name of the grievantsmmediate supervisor

d

A

statement

of

the natu re

of

the

grievance including

the date

and

place

of

occurrence

e

The

specificprovision

policy

o r p rocedu re a lleged

to

have been violated

f

The

remedies sought

by

the

grievant

and

g

The name of the individual or organization if

any

designated by the

grievant

to re pre sent

hmer

in the processing of the grievance However in no

event shall

an

employee organ iza t ion other

than the

one which formally

represents the position

occupied

by

the grievant be designated a s the

grievants

epresentative

42tep 2

An

employee dissatisfied with

the

decision of

the

immed iate superv isor in

Step

may submi t

the

grievance

to

hs

er

Depar tment

Director within

seven

7

working days from the

date of

the immediate supervisor

secision

The Depar tment

Director sha ll r espond to the g rievance in

writing within seven

7

working days

from the date of its receipt

43

tep

3

If

the employee

is

dissatisfied

with

the

decision

of

the

Depar tment

Director

in

Step

2

he

she

may subm it

the

grievance

to the

CityManager within

ten

working

days from receipt

of

the Department Directorsesponse The City Manager or

hs

er

designated

representat ive

sha ll respond to the

grievance

in

writing

within the

ten working

days

of its receipt Within this period the CityManager orhser

designee at

hs

er

discretion

may

conduct an

in formal hearing

involving

the

parties

to the dispute

44tep 4 If the employee is dissatisfied

with

the

decision

of the

City

Manager heshe

may su bm it the grievance

to

an Employee Rela tions

Panel

a s provided in Par t

C

listed below

Notice

of such

appeal must

be filed in writing by the

employee

with

the

City

Manager

within

fifteen

5

working

days

of

receipt

of

the

City

Manager

or

hserdesigneesecision

5

Employee Relations Pane l

5

he Em plo ye e Relations Panel shall consist of three3embe rs s ele cted as

follows

a

A

CityManagement official

selected

by the City

Manager

ATSCME

Local Morgan

Hill MOU

July

2 3

June

3 2 5

Page

2


24/78

b

A City employee selected by the grievant provided however

that the

participation

of

the

employee so selected

s ha ll n ot

constitute

a

conflict

of

interest nor subject that employee to any

recriminations

a s

a

result ofhs

er

participation

C

A

representat ive

of

the

Cali fornia

State

Mediat ion

and

Conciliation Service

or an

individual

chosen by the

parties

knowledgeable

in public

sector

labor

relat ions

from

any source reasonab ly likely to produce such an individual

including but no t limited to a labor organization or m anagem ent

o rgan iz a tion Th is

person shall

serve a s

chairperson

i T he

Chairperson

shall

serve without

compensat ion unless

it can be

demonst ra ted tha t

the individual was

obliged

to use a ccrue d leave

benefits or leave without pay to serve on the Panel

Where

provided

compensation pay shall be shared byCity an d the grievant or

Union

ii

The

Pane l

shall

be

constituted

a nd he ar

the

grievance

within

thirty

3

working days

f rom

the

filing of

the appea l

with

the City

Manager The

Panel

secision shall be rendered within

fifteen

5 working days from

the conclusion of the

hearing

The

majority

decision of the pane l shall be

final and

binding

subject only to ratification by the City

Council

if said

decision mandates

a

capital

expenditure

or significant unbudgeted

expenditures

In

those

instances the ruling

shall

be

submitted

to the City

Council

for act ion

which may includemodificationorreversal

52he

conduct of the Panelsea ring sha ll

be

governed by the

following ground

rules

a

All hearings shall be convened

during

regular established

City

hours

to

the

extent feasible

The grievant

and City employees serving on

the P a ne l

or

whose participation

in

the

hearing

is required by

the

Panel

shall

not suffe r

loss of wages

fo r time devo ted to this purpose

No

compensation

shall

be

provided

during

times

that

is

not the

employeesegularly

scheduled work

period

b

All hearings sha ll be

conducted

in an expeditious manner

with

the

Chairperson

retaining final authority to rule on

procedural

matters or on other

points affecting the

length

and conduct of the hearing Legal counsel court

reporters and

briefs

shall only be utilized

upon agreement

between

City

and

the grievant

and

shall not serve to delay the Panelsecision beyond the

prescribed

time

limit except

by

mutual

agreement

C

The

Pane l shall be

commit ted

to resolving the grievance in

an

objective

timely and

equ itab le fash ion and s ha ll n ot

permi t either

party

to e nga ge in

any presentation

or

line of an

argument

which

detracts from this purpose

Moreover the

Panel sha ll no t

accept evidence no t p resented in

Step

3 of

this

procedure

d

No

hearing

shall

be convened

unless both

parties have

stipulated

in writing to

AFSCME Loca l Morgan Hill MOU July 2 3 June 3

2 5

Page 2


25/78

the

issue or issues

to

be heard by

the

pane l

6General Condtions

Any

time

limit

se t forth in th is p ro cedu re may

be extended

by written

agreement

between

City

and

the

grievant

or

the recognized employee

organization

represent ing the

grievant

a

Failure on

the

part of the grievant or their designated representat ive

to

comply with the time

limits

of this procedure

o r a ny e xte ns io n

thereto

shall

constitute

a

withdrawal

of the

grievance

without

further recourse for

re

submi t ta l under this

p ro cedu re Fa ilu re on

the p art

ofCity to

comply

with

prescribed

time

limits or extens ion thereto

shall

result in the

gr ievance be ing

moved to the next step

of

the

procedure

b

The

grievant

shall be entitled to have

a

representat ive

of his own choosing

except

a s

provided

in Step BG

resent at

any

grievance

meeting

with

City

C

A

representative of

a

recognized

employee organizat ion

which represents

the

grievantsosition shall be entit led

to

be

p re se nt a t

any hearing held in

conjunction

with Step 3

and

Step

4

of

this

procedure

d

The City Manager or hser

designated

representative shall

serve

a s

the

central

repository

for all grievance records

ARTICLEXI MISCELLANEOUS

City

and

Union

consent to

form

a

committee

whose

task

shall be to

create

a

program

that

provides fo r certain

positions

within Cityslass if icat ions to be

designated

a s

flexibly

staffed

Flexibly staffed positions will afford

City the

opportunity to

increase the

capacity

of

the work force to deliver quality

services

to citizens and provides City employees with

advancement opportuni t ies

within

their

job

classification Once the program is established

Human Resources shall be responsible for it s oversight

AFSCMELocal Morgan

Hill

MOU

July

2 3

June

3 2 5 Page

22


26/78

ARTICLE

XII RATIFICATION

2This Memorandum ofUnderstanding shall become effective July 2 3

22

No earlier than

March 4

2 5

and

no later than

March

2 5

Union

shall

provide

the

City

with

its

written

r e q u e s ts o n

terms

within

the s c o p e

o f

representation

for

the

period

beg inn ing Ju ly 2 The City and the Union sha ll beg in

to meet

and confer on o r be fo re

April

2 4

FORTHECITY MORGAN

HILL

FORAFSCME

LOCAL

Stephen Ryme

Date

JoWmy

Gonz s

V

Ll

Date

City

j

r

a g e r

President

gi

x

3

e7 3

rmny Porbis

Date

sbadoquve

ate

Utilities

Business Manager CityNegotiator

Vice President

MichelleKatsuyoshi

Date

Jo

enry

Date

Human Resources Manager

reary

reasurer

om

t n

s

Date

Jo

Tucker Date

Sr

Resources

Analyst

A

CMEBusiness Agent

9

Z G

3

Karl

Bjarkej

Date

Director of

Public

Works

AFSCME

Local MorganHill MOU

July 2 3

June

3 2 5

Page 23


27/78

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afscme/; morgan hill mou 2013-2015

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