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R-7272 It . RESOLUTION NO. 7272(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A MEHORANDUM OF UNDERSTANDING WITH THE UNITED TRANSPORTATION UNION LOCAL 1785 WHEREAS, the City AdmIn.1.stratlon and representatlves of the Uni ted Transportat1on Union Local 1785 have met and conferred under the terms of Ordinance No. 801 (CC5) and have reached agreement on wages and other terms and condl.t1ons of employment; and WHEREAS, Sectlon 2.06 of Ordinance No. 801 (CCS) of the Ci ty of Santa Bonica requlres preparatIon of a wrl tten memorandum of understand1ng between the adm1nistratlon and employees 1f an agreement can be reached; and WHEREAS, Section 2.06 of OrdInance No. 801 (CC5) further provides that any such memorandum of understandlng shall not be bIndIng unless and untIl presented to the governing body for determ.1.nationi and WHEREAS, the purpose of thlS memorandum of understandIng is to promote and provide harmon1ous relations, cooperation, and understand1ng between the City and the United Tr~sportation Un10n Local 1785; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: - 1 - e . Section 1: The C~ty Council of the City of Santa Mon~ca does hereby approve and author~ze the City Manager to execute the Memorandum of Unoerstand~ng executed by the United Transportation Un~on Local 1785, a copy of which is attached hereto. Section 2: The CIty Clerk shall certify to the adoption of th~s Resolution and thenceforth and thereafter the same shall be 1n full force and effect. APPROVED AS TO FORti: ~ "- · '- - _ _lS___ - .., ROBERT M. HYERS City Attorney -- - 2 - e . Adopted and approved this 29th day of July, 1986. I hereby certify that the foregoing Resolution No. 7272(CCS) was duly adopted by the Clty Councll of the Clty of Santa Monica a t a meeting thereof held on July 29, 1986 by the followlng Council vote: Ayes: Councilmembers: Conn, Epstein, Jennings, A. Katz, and Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councllmembers: H. Katz and Mayor Reed ....... ,," #' --- ~ ....- A TTEST F'~ - :-..::'-'-~~.'--'" - ...... ...- .... ....;1".1'.... ..- .. ." . . ~: -r' -"......... '-' -- - ':.. ) {~-:1J? =~-;--. ~. ~,-: . :~II- ::'~.. : C~ tY,.:--.C'rerlc . ." .~ - .: - to., ~ ,_ _ __..... ..----- . ... " - ..... -- - .. . . .- e . MEMORANDUM OF UNDERSTANDING BE'l'WFl::N ClTY OF SANTA MONICA} CALIFORNIA M'.ID UNITED TRANSPORTATrON UNION LOCAL 178~ TABLE OF CONTENTS ARTICLE/SECTION NUMRER PAC;F. # AH'rICLE I. GENER1'I.L PROVISIONS Sectlon 1 01: 1.02: 1 03: 1 01l,: 1 05: 1.06: 1 07: 1 08: 1.09: 10. 1 t 1 : 1 12' t 11 . 1 4- : 1 15 : PartlPS to Memorancillffi...............,.. 1 Pl1 r pose. . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of Agr~ement. .......... ..... CLty CouncIl Approval............. Recoqn]z~d Emp10yee Orqanlzatlon.... ... Scope of Repre'3entatl011........ ....... Full lJnderstandlngl Modlfl(;atlon & Wa 1 ve r . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . 1 1 2 2 2 3 ManagpmE'nt RHJhts......... ............ .~ Peaceful Performance of C~ty Serv1ces.. 4 Vnhd1.ty of MOU. .............. ....... ~ CaptIons for Conven ~ence. . . . . . . . . . . . 5 Equal Fmploymmpnt OpportunIty. ._.... 5 Det1.n1.tlOn'l-........ ........... 6 overp-",yment RE't"l'Jpdy.. fl Payments at Termlnatl0n..........-_.... 8 - 1 - AR.'frCLE T r . Seetlon 2.01: / - 02; 2.03: e . COMPFNSAT10N Effectlve Date of Sa 1 a r 1 es _ . . . Ove r tIme - . . . . . . . . . . r n c rea <; e. . . . . . . . . . . . . ARTICLE 11 r r ,SUPPT.F,:MFN'rAL BF:NEF1'T'$. Sectlon 3.01 : 3_02: 3.03~ 3 04,~ 3.05: 3 06: 3 07: 3 08: 3 09: ARTICLE TV. Sect1.0n 4.01: 4 02: 4-03: 4- 04: 4- 05: 4 06: 4- D7: 4 08: Ret1.rernent M~dlca]/nental Insuriloce............... Unused SIck Leave Upon Retlrement...... TUItIon Re1mbursement. 0....... .0....... UnIform Allowance......... ....... ..: ." Eye Examlnat1on. .... ........ Motor Coaeh Operator Tra1.nee....... .... Rus Pasc;es.... ..................... S.P.A.B. L1.cenc;e.................... LEAVF.S: Ho lldays . . . . . . . . . . . . . . . . . . . . . . . . . . . . Va cat 1 on _ . . . 0 . . _ . . . _ _ . . . _ . . . . . . . . . . SIck Leave....... Lpi'lve of Absf"nce WIthout Pay. M 1. 11. t a ry Leave... . _ . . . . . _' .. _ _ . . . . . . . .Ill ry Dll t y. _ . . . . _ _ . . _ . _ . _ . . . . . . . . . . _ . . . . Workers compen~atlon Leave ............ MaternIty Leave .___......... - 2 - 9 q 10 11 11 12 12 13 13 13 14- 14 15 1n 16 18 18 lR 19 1<.) e e ARTIel. F V. WORK 1 NG ("ONDJTtc>.NS: Set:':tlon S.Ol~ Safp.ty.. _. 20 ... 02: 5.03: 5 04.: 5.05~ 1\s-Nf"f>ded fo'mployPE's................. A~sured Work Schedule...... 20 S10n-on 'J'lme.. 22 27 Acc~dent Report T~me. .................. 2'1 AR'frC{.E VI. EMPI.OYER/FMPLOYRE RRLAT] ONS: Sect~on 6.01: Payroll DeductIons........ ........ 24 n 02: Rea5onab)~ NotIfIcatIon.... ............ 24 6.03: UnIon SeCU,r1.ty......................... 24 6-04: GrlPvance/Complalnt Procedure.. .., ..... 25 - 3 - e . UNITED TRANSPOR~A~ION UNION -- LOCAL 178S CITY OF SANTA ~QN;C~ A.R1'ICLE I. GE~~RAL PROVISIONS 1 - 01 . 1.02. 1.03. PartIes to Mpmora"ctum ThIS Memorandum of Understandlng (MOU) has been prepared pursuant to the terms of OrdInance No. 801 leeS) of the CIty of Santa MonIca, and has been executed by the city Manrtger on b~half of the CIty and by approprlate oft~clals of the United Transportat~on UnIon} Local 1785 rUTU), on behalf of fOmployees OC'c:upYlng the Job clas51ttcatlon of Motor Coach Operator. Purpose The partles agree that the purpose of thIS MOU 15: to promote and provlde harmonIOUS relatIons, cooperatIon and understandlng between the Clty and the employees covered herelnj to prOVIde an orderly and equ~table means of resolVIng dIfferences whIch may arlse under thlS MOV, and to set forth the full agreements of the partles reached as a result of meetlng and conferrlng in good faith regardlng matters '""nthln r-he scope of representat1.0n of employees represented by UTU Local 1785. Term of Aareement Th1.S agreement 51"1a11 be effectlve as of the 1st day of ~Illly 1986, .'Iod sh;ill rE"ma1n 1n full force and effect untIl June 30, 1989. It shall be automatically renewed from y~ar to year thereafter unless elther party shall notIfy the other ln wrltlng not later than March 1 of 1 q89 and of each subsequent year that It deslres to termInate or modlfy thIS agreement, and speclfically lnchcates requested modlflcatIons. In the event that such not lee 15 gIven, negot13tlons shall begl.n no later than Aprll 15 wlth a SIgned contract deSlrE"d by ~uly 1. - 1 - 1 04. 1.05. 1 06. e . l.1 ty COlHlGl] Approvfll It 1~ the mutual understandIng of all the partIes hereto that thls MOU 1S of no forcp or eftect whatsoever unless or untll ratIfIed and approved by resolutIon duly adopted by the Clty CouncIl of the C1ty of Santn MonIca. RecognIzed Employee OrganIzatIon - UTU Local 1785 Unl ted TransportatIon Unlon Loral 1785, 1.S hereby acknowledged as the RecognIzed Employee Organlzation representIng only the Job claSSIfIcatIon of Motor Coach Operator, pursuant to Sectlon 3.04 (c) of OrdInance No. 801 (CCS). It 1S the mutual understandIng of the partIes hereto that acknowledgement of UTU Local 1785 as the recognIzed ~mployee organlzat1on: A. Does not preclude clasSlflcatlon from indIVIdually 1n their CIty. employees 1n such Jab representlng themselves employment relatIons WIth the B. Does not preclude or restrIct the rlght of management offICIals to meet and consult WIth employees ~n such employment posltIon claSSIf1catlon concernIng their employment relatlons w~th the C~ty. C. "Employee Representat1ve" WithIn the meaning of thIS agreement shall be a person or persons holdIng membershIp 1n UTU Local 1785 and employed by the Clty of S;:tnta MonIca as a Mot.or Coach Operator or an InternatIonal Representat~ve of liTU, S~ooe of Reprp?e~tatlon The scope of repre~entatlon of the recogn1zed employee organlzatIon shall Include all matters relatIng to employment condltlons and employer-employee relatIons InCludIng, but not 11mlted to, wages, hours, .'lnd other term~ and cond1tIons of employment, except, however, that the scope of representatIon shnll not 1nclude conSIderatIon of the merlts, neCeS5:lty, or organlzat1on of any serVIce Or actlvlty prOVIded by law or executIve order and shall be exerci sed or performed in compI1 a nee w1th the prov151ons of Ord]nanc~ No. 801 (eeS). - 2 - 1.07. 1.08. e e full U!"'0ers,t.C1nc11ng, Modlfp:-atlon & Waiver The part~es agree that each has had full and unrestr~cted r1ght ."od opportun1ty to milke) advance} ~nd dlSC'USS all matters properly \nttnn the scope of representatIon as outl Hlt"'d In Sect Ion 2.05 of Ordlni'lnCe No. a01 (eeS). ThIS MOU constItutes the full and complete agreement of the part1.es and tnere are no others, oral or wrl.tten) except as speclt1ed In thIS agreement. All prelImlnary negotIatIons are merged hereIn. Each party, for the term of th1S MOU, speCIfIcally waIves the rIght to demand or petition for changes here1o, whether or not the SUbJects were known to the partIes at the tIme of execut10n hereof as proper SUbJects wIthIn the scope of representatIon as outlIned In Sect~on 2.05 of OrdInance No. 801 (eCS). The wnges) hours of work ~~d other terms and condItIons of employment covered by thIS MOU, ~ncludlng those wages, hours of work and other terms and condItIons of employment in existence prlor to thIS MOll al though not sperl.tIc-ally referred to 1n thIS MOU} shi'ill constltute the wages, hours of work and other terms and COOdl tlons of pmployment for the t~rm of thIS MOli ~anagement Rlghts Reserved The Clty retaIns all rIghts not spec1flcally delegated by th15 agreement1 IncludIng, but not lImited to) the ~Xc1U~lve rlght to: 1\. D1.r-ect, superVIse) hire) promote, transfer, aSSIgn, schedule, Clnd reti'i1-n ~mploYf'e5j and} tor proper cause, suspend, diSCIplIne and dlscharge employees. B Re)lPve pmploy~es from dutIes In accordance With SectIon 2105 ec) of the Santa MonIca MunIcIpal Code. C. DetermIne the serVIces to be rendered, operat1ons to be performed, utlllzatlon of technology, and overall budgetary mattprs. D. th~ appropriate Job clasSlflcatlons and by WhICh government operatlons are to be DetermIne personnel conducted. E. Determloe the government of unlt of overall the mlSS10n - 3 - 1.09. e e F. Malntaln and lmprove the efflclency and eftpctlVp.ness of government operatlons. G . 'T' a k e any n E' c e 5 5 a r y a ('" t 1 0 n s to C' a r r you t the m 1 S S Ion of an agency in sltuatlons of emergency. H. ~~ke whatpver other actlons may be necessary to carry out the WIshes of the publiC not otherwlse speclfled ahove or by collective agreem~nt. P~ac~fpJ Perform~nce of City SerVIces It 15 mutually understood and agreed that particIpation by any employee In a strike or a concerted work stoppage termlnates the employment relatIonsh1p 1n the absence of spec1fIC wrItten waIver of such termInatIon by an authorIzed management offlclal. A The protectIon of the publIC health, safety and welfare demands, and the partIes agree) that none of the partles hereto nor any person actIng in concert - WIth them WIll encourage, condone, aSSIst} sanctIon or take part 1n any strlke, walkout} sltdown, slowdown, concertpd work stoppage, pIcketIng} 5 tay-away, retardI n9 of 'Work} abnormal absentee i sm, WIthholdIng of serVIces, or any other form of 1nterference WIth or lImitatIon of the peaceful performance of CIty serVIces. VIolatIon of any prOVISIon of thIS MOU by e1ther party hereto shall be callse for eJ ther party to avaIl Itself of whatever remedIes may be avaIlable to the partIes In law or in eqUIty. B. In the event that there occurs any strIke, concerted work stoppage, cessatIon of work, slowdown, Sltdown, stay-away, Illegal pIcketIng} or any other lllegal form of Interference WIth or lImItatIon of the pea ceful performance of C1 ty servlces} the Cl ty J In nddItJOn to ~ny other lawful remedIes or dISCIplInary act Ions, may by act Ion ot the Ci ty Ma nager, cance 1 i'lny or i'lll payroll deductIons} prohlbJ.t the use of bulletIn boards} proh~blt the use ot Clty facllltles, ~nd prohlblt access to former work or duty statIons, C. Thp C~ty agrees that there shall be no general lockout of bargalnlng unlt members. - 4 - 1. 10. 1.11. 1.12. e e V<111.dlty of MOU If any provIsIon of thlS MOU is determIned to be Invalid or Illegal by a court of C"ompf>tent Jurl:'lc'hctlon} then such prov~sl.on shall be severed from tlns MOU} but the rem;'Ilnder hereof <;n"lll remaIn In tull torce nod eftect. Thp part~es hereto shall l.mmedlately commence to ne-gotlatp for the p\lrp05e of re-placlng i'lny sllch lnvalld or Illegal provls1on. Should any change be made In ~ny Federal or State law} or 1n any rule~ and regulations 1mplementlng such le<)ls1atlon, or 1n any C1ty Charter prOVISIon or CIV1) SerVlce Rule and Regulation which would be applIcable and ('ant rary to any prmfl SIan herel n con ta 1. ned} then such provlslon of thlS MOU shall be automatIcally terml.nated} but the remaInder of thIS MOU shall remaIn In full force- and effect. Such leg1s1atIon and/or rules and reC)ulatlons shi-ll1 sl1percf'de thls MOU and applIcable c 1 Buses 5 hi:! 11 be subst ~ tu ted for those ru led Inva 1 ~d or _Illegal. The part:les hereto shall l.mmed1.ately commence to negot1.ate for the purpose of replacing any such lnvalId or Ill~gal prov~51on_ Further} If any addItIonal costs for compensatIon to ~mployees covered by thIS Agreement would be Imposed on the C1ty because of the Interpretation and/or appl~catlon of any provlslon(s} of thIS Agre-f>ment by reason of the Falr Labor Standards Act (FLSA)} such provIsIon(s) shall ber.ome Iooperatlve to the exrent that such provIsion(s) Impose(s} addItIonal costs on the C~ty. Such provIS1on(s) shall be changed to create no addltlonal co~ts to the Cl. ty by reason of the applIcatIon of the FLSA. Captlons for Convenlence The captIons hereln are for conVenl~nce only and are not a part of the MOU and do not ~n any way I1mlt} def~ne} or ampl1fy the tprms and prOVISIons her~of. Equal Employment It ~s agreed by both partIes to th1S MOU that they w~ll fully comply WIth all ~ppllcNble local} State and Federal laws} rules and regulatIons governl.ng equal employment opportunlty. The AfflrmatIve ActIon Program and the Sexual Harassment POllCY ot the Clty of Santa MonIca are ~ftlrmed by both partIes to thIS MOU and Incorporated by reference herein. - 5 - 1 1. 3. e e Deflnlt10ns The follow~ng deflnltlon~ are to be applIed In the InterpretatIon of thIs MOU: A "Sa la ry Range" for fu Il-t Ime Motor Coach s hn.ll mean the t 1 ve step (A through E) monthly pay scale de~crlbed 1n B below. Operators hourly or B. "Salary Ri'lnge Stpps" for pach Job class:lflcatlon covered hereIn shall mean and be establlshed to bear the followIng percentage relat:lonsh1p to the E-step salary computed to the nearest cent, wIth attaInment ba sed upon the f ollowl ng amoun ts of serVIce 1 n the positlon: (1) Employees hIred full tIme prIor to July 1} 1986: Step A 81% of Step E.... . durIng 2nd 6 months of employment Step B - 85% of Step E. . . . . . du r 1 ng 2nd year of employment Step C - 90% of Step E. . . . . . du n. n9 3rd year of employment Step D 95% of Step E. . . . . . du rIng 4th year of employment Step E .. . . . II" II . . . .. . . . + 11 It after 4th year of employment (2} For employees h~red fllll t1me after July 1} 1986: Step 1\ 81% of Step E..... .dur~ng 1st and 2nd years of employment Stf'p B - 85% of Step E..... .dur~ng 3rd year of employmeont Step C - 90% of Step E..... .durIng 4th year of employme-nt Step D 95% of Step E. . . . . . du r ~ng 5th year of employment Step E . . ... ~ . . . . . . .. ... . . . . . . . . after 5th year of employment C. "Nearest Cent" snaIl mean the next lower cent when the computed amount lS 50/100 cents or less and the next h~gher cent when the computed amount ~s 51/100 C'f>nts or more. D. "Full-T1me Employee" shall mean (1) A person who IS Ipg~lly incumbent at a Ilne-ltem pOSItIon (In thIS case, Motor Coach Operator); or - 6 - e e (2) A former legal Incumhent of a Ilne-Item posItIon (1n thIS ca'3e, Motor Coach Operator) on fluthor17ed leave of absence from a regularly budgeted posItIon WhIch posItIon IS beIng held ppndlng the pmployee's return. E. "Date of Entrance A.nnlversary" shall mean the date WhlCh recurs annunlly nfter the date of entry Inta thp poslt1.0n of Motor Coach Operator In the classIfled serVIce of the CIty of Santa MonIca} el ther by or"lg1.nal employment or reemployment. The date of entrance for pmplayees WIth broke-n serVIce shall be consIdered as that date on wh"lch the last unbroken service was effectIve. F. "As-needed Pas 1. t 1.on" shall mean a pos 1. t Ion whIch 15 ta) not specIfIcally It~mlzed In the budget but author"lzed under temporary employees; (b] paid In accordance "nth FLSA. for all hours workedj (c) not ellgible to accumulate frInge benefIts; and (d) to be fIlled from elIgIble lIsts when pOSSIble but whIch may be fl.lled at the dlscretlon of the Personnel Dlrector7 WIth guall.fled LlpplJ.cants not on ellglble lIsts 51nce such posltIons cannot acqu1re clvil serV1ce status. Wages, hours and other condItIons of employment of as-needed employees are not covered in the MOU except as noted 1n ArtIcle VJ SectIon 5.02. G. ~Regular Operator" shall mean a Motor Coach Operator who has bId a regular run or aSSIgnment. H. "Extra Operator" shall mean a Motor Coach Operator who does not bId a regular run or asslgnment and whose work asslgnments are all made through the extra board. !. "Extra Board" shall mean the procedure by wh~ch open runs Or work asslgnments are made. J. "Regular Run" shall mean a work ass~gnment WhlCh 15 lncluded) by the management} 1n a posted breakdown of operat"lng schedules and contaIns regular workIng tlme and regular pay tImE'. K. " St r a 19ht Run" sha 11 mean a run tha t has cont 1 nuous pay tIme from the tIme of startIng to work untll the run 13 completed. L. "Spl1t Run" shall mean a parts WIth elapsed t1me begInning of each part. run that between has the two 0 r endIng more and M. '''rr1pper'' shall mean any work: shown on a schedule whIch 15 not part of a regular run. - 7 - 1.14. 1 15. e e N. "Work Perlod" shall me-an the commencing at 3:00 a.m. Sunday, fnllowJng Sunday. fE'CUfn 09 7-nay cycle through 2:59 a.m. the Overpayment Remedv Employpes covered hpreIn sh811 relmburse the CIty for any ov~rpayment of wages or benef~ts. SaId reImbursement ~h811 not be requlred untIl the Clty notlflE'8 the affected employee In wrItIng. ReImbursement may be ac("ompl ] shE'd by a 1 ump-sum (leduc t lon made on the next subsequent employee payroll warrant following overpayment notIfIcatIon, or by ot"her reasonable re-payment method mutually acceptable to the employee and the Clty, except that lump-sum deductIon shall be reqUIred If the next subsequent employee payroll warrant IS the f1nal or termInatIon warrant Issued to the affected employee. Payments at TermInatIon When full-tlme employees covered hereIn l~ave the serVIce of the C 1 ty of Santa Mon1.ca they sha 11 be ent ~ tied to lump-sum payoff of vacatIon leave only. - 8 - e e ~RTJCLE II. COMPENSATION 2.01 2.07. Effectlve Date of Increase 'I'he rate of p<l.Y of any emp lnyee reC"el VI"9 J on the day preced1.ng the eftect~ve date of thIS MOUJ less than the amount prescrIbed for the employee's class and length of serVlce as provlded here 1 n, shall be 1 ncreased to the amount prescrIbed for the class and length of serVIce on the payroll drawn for the pay perIod closest to the effectIve date of thlS MOU Notwlthstand1ng any other p~ovls1on contalned hereIn} changes in salary rates shall become effectIve on the fIrst day of the payroll perlod speclfled 1n SectIon 2.02 below, "SalarIes." Salarle~ Salarles of full-t1me employees covered hereln shall be on an hourly rateJ pald on a bI-weekly eqUIvalent baSIS. 7\. Effective July 6J 1986, the E-step salaries for all employees covered hereunder shall be $12.55 per hour. B. EffectIve December 21) all employees covered hour. 1986, the E-step salar~es for hereunder shall be $12.75 per C. Etfect~ve June 21, 1987, the E-step salarles for all employees covered hereunder shall be $13.00 per hour. D. Effectlve January I, 1988, provIded the Rev~sed Consumer PrIce Index as reported (for urban wage earners and clerical workers 1967=100) for Los Angeles) California, PUblished by the lJ S. f]ppartment of Labor) Bureau of Labor StatistlcS} hereafter referrpd to as cpr, has rl sen 5% or more for the sIx-month p~rlod of AprIl IJ 1987, through Septe'Tlber 30 J 19f17, "E"-step ~alar'es for all employees covered here1.n shall be adJusted upward by 2%. If the annual17ed percentage rate of increase for the per~od noted above 15 equal to 13% or more, saId upward adJustment of "E"-step salarles shall be equal to two-thirds of the difference between the actual annualIzed percentage 1ncrease of CPI and 10\. If the cpr has risen by 10% or more (20\, or more annualIzed) durIng the afore>sald SIX month perIod, m~et and confer contract negotIatIons concernIng salar~es only shall recomm€'nce. - 9 - 2.03. e e E. Effectlve July 3, 1988, the E-step salarIes for all employees covered hereunder shall be $13.35 per hour. F. Fffectlve January 1, 1':189, the "E"-step salarles shall be adJusted as prov1ded In paragraph HD~ above} excppt that the rPI cnmparl~on shall be for the Immedlately preceding April through September {l.e.} Apr1.l 1 throl1gh Septf'rnber 30, 1988 for January 1 J 1989) . Overtlm~ Regular Operators and Extra Operators shall be paId for overtlme work performed at the d1rectlon of the Dlrector of Transporta t 1 on at the ra te of t Ime and one-ha 1 f for each hour 1n excess of 8 hours 10 anyone day and each hour in excess of 40 hours in any work perlod, computed to the nearest .10 of an hour. Regular Operators and Extra Operators who are not scheduled to work on a hollday shall be paId tor B hours at straIght tlme for each of the authorized hol1days. Regular Operators and Extra Operators who are requIred to report for duty on an authorized hol1day shall be pa~d double tIme for all hours worked. In no event1 however, shall the pay recelved be less than the equivalent of 13 hours ~nd 20 mInutes at straIght tIme. Any fu Il-t 1me operator who 1 s schedu led to work on a holIday and who falls to work b~cause of a mlss-out shall not rece1ve pay for that day. - 10 - e e [\~:L'l~LE ,III. 3,01 . 3.02 SUPPLEMEN~AL BENEFITS Rf"tlremf'nt; The C~ty IS a contract member of the PublIC Employees' Retlrpment System (P~RS), and It IS understood and agreed that such membersh~p w~ll be ma~ntaIned and that employee elIgIbIlIty, ClaSSlflcatIan} contrIbutIons} and benef1ts are as prescrIbed in the contract between the C~ ty and PFRS neretofore approved by the Santa MonIca C1ty COlJnCll_ MedIcal/Dental Insuranc~ Far the lIfe of this agreement: A. The CIty agrees to pay the full premIums for medIcal and dental Insurance coverage for employees and dependents} excppt that for those employees who partICIpate 1n the PrudentIal IndemnIty health plan, the CIty shall contrIbute up to a maXImum of $214.00 pe_ month toward that employee's health insurance premIum rthe dIfference bet.ween the actual premIum and the city's contribut~on shall be paId for by the empJ oYE'e ) . B. The bargaln~ng unlt agrees provIs1ons shall apply: that the follOWIng If) In an effort to control escalatIng insurance premIum costs the Clty must Jmplement lnsurance cnanges, the bargaInIng un1 t and employees covered here~n agree to the follOWIng changes WIthout meetIng and conferr~ng: ( 1 ) An Incre~se 1n the deductlhle of fee-tor-s ervi ce plan to a maXImum of $ 200 E-3C"h coverf"d 1 nrl1 Vld\l<3 1 E'mployee "nd to maXlmum of $200 for each covered dependent. the for a 12) Full G:lty payment of premIums for only those HMOs wh lch reqlll re a co-payment by the covered patIent for serVIces render~d. PartlC]patIon 1n an HMO WhlCh does not reqUIre a co-payment w1l1 rE'quIre that the employee pay the dIfference 1n monthly premIums between the co-payment plan and the plan the employee chooses. - 11 - 3.03. 3.04. ~ ------ e e Unused Slck Leave Upon ~ptlrempnt Employees with 20 or more retIre from emp)oyment WIth shall rece~ve the follow1ng: years of Clty rhe CIty htter serVl.r.e July 1, who 1986 (1) For earh 75 d~ys of unuspd SIck Je~ve accrued 1n the employee' 5 sick leave bank at the date of retlrpment] one year of henlth lnsurallce shall be furn1shed to the ret1ree, at the approprlate retIree premIum, provIded that the employee part1.c1.pates 1n one of the C1ty'S health plans for retlrc-es. (2) If the employee has over 225 days of SIck leave fwh1ch qual111es hlm/her for 3 years of payments as described 1n subparagraph (1), above), he/she shall be able to qual :lfy far addltlonal year's payments at the rate of one addlt10nal year for each 50 days. Any SIck leave amounts WhICh are left over after deduct~ng full 50 day Increments, or any amounts less than 50 days, shall not be counted or compensated in any way under thIS program. Tu~tlon ReImbursement It 15 agreed that the ~Ity WIll budget annually an amount equal to $10 per full-tIme employee 1n the approprlate unIt Tor tUltlnn Rnd reqUIred study mater1al reImbursement for career lmprovement study approved by illlthor17ed managt"mt"nt off1cla}s. ReImbursement shall equal the total cost of tUIt'lon (exclUSIve of parlClng] lodqlngs and meals) and the total cost of reqUIred study mater1als, provlded, however, that~ ~. The maxImum annual amount of reImbursement per IndIVIdual employee shall not exceed $500, subject to the avaIlabIlIty of budgered funds as descrIbed above. B. career Improvement study course In advance by an authorIzed Enrollment In the ~hall be approved management otf1c~al. C. The study course must be dlrected to qual1flcat1.0n for an employment poslt1on represented In the C1ty work force. D. The employee must exh1b~t some reasonable expectat~on of quallfy'~g tor 5uch pos~tlon upon successful camplet~on of the study course. - 12 - 3.05. 3.06. 3.07. e e E. ReImbursement snaIl be made only In Installments upon sllccessful completlon of prescrJ tled unl ts of study requIred by study course approved. F. In no pvent shall the Clty'S reJmbUrspment be reduced when there 1'5 an outs1.de source of aId except in t no~e ri'lses where the ZIl d f rom any outs] de sou rce , plu~ the normal Cl ty relmburc;ement, exceeds the cost of tUltlon and study mAterIa) for the npproved study course. G 1 f approved tu 1. t Ion relmbu r sement cas t s budgf"ted amount as elf'scrlhed above, the costs wIll be prorated 50 as not to budgeted amount. exceed the rE"lmbursed exceed the UnIform Allowance Etfect~ve July 1, lQH6, pach employee OccupYIng a reqularly authorlzed full-tIme posltl.On of Motor Coach Operator shall recelve a monthly unl.form maIntenance a llowance of $ 24.00. _ Uni form a lloW'ances payabl e under th~s sectlon WIll be pa~a by separate checks tWlce each year only to employees on the payroll at the end of each 6-month perIod. Employpes separatlng from Clty employment by VIrtue of service retirement soall be paid th~ pro rata share of theIr unlform allowance to the date of ret1.rement. Eve EXAmInatIons to pay far the eye examInatIon requlred for Class I and Class II Cal1.forn1.a Operators Sa id examl na t 10ns sha 11 be performed by des1.gnated by the CIty. CI ty agrees re-l s sue of Llcense. doctor(s) Motor Coach Operator Tralnee In~tructIon A Motor Coach operator aSSIgned as Motor Coach Operator Trainee shall o~r hour bonus when so aSSIgned] regular salary. an lnstructor WIth a be paId a flat $1 00 In nddltlon to the - 13 - 3 08. 3 09. -, -c-: .-::::::-__ e Rus ~aS!'le5 e All Motor Coach Operators shall be pas<;es. Retl red Motor Coach Operators norma 1 serV1.ce ret lrement and who 11 ve served by the TransportatIon Df'partment free bus passes upon request. S.P-A.B. LIcense The Cl ty agrees for the lnltlal 11.cenQe. lsQued free bus who h<'lve taken Wl.thln the area shall be Issued to reImburse all employees up to $12.00_ acqu1s1tlon or for renewal of a S.P.A.B. - 14 - e e ARTICL~ IV. LE1\V~S 4.01 Paid Holl,days A. Employees occuPY1. ng the fu ll-t Ime pOS I t Ion of Motor Coach Operator ~nct hlred prlor to July 1, lQ86, shall rece~ve the followIng pald holIdays: New Y€"ar's Day Martin Luther KIng's Blrthday WashIngton's BIrthday Memor~al Day Independence Day Labor Day Thanksgiving Day ChrIstmas Day Easter Sunday BIrthday of Employee In addl t 10n to the above holIdays} ernp loyees 5 ha 11 al~o receive 2 "float~ng" hol1.days annually. Such holidays, sublect to m~nagement approval, may be taken at any tIme throughout the f1scal year. Pnyment for these floatIng holIdays shall be 8 hours straIght tIme pay. ThIS hOlIday benef1.t w111 accrue on a fIscal year basIs and WIll be avaIlable to each actIve employee who is on the payroll at each July 1, and who has attalned 6 months serVIce prIor to that da te. Th1. S hol1.day benefl. t cannot be carr led over from year to year; hmo1E'Ver 1 el1.g1 ble employees may rece1ve 8 nours stral.ght t1.me pay 1n 11eu of takIng the holIday. B. Employees hIred after July lJ 1966J shall receive the fol}owlng pald holldays: Upon h1re 1n a full-tIme pos1t~on: New YE'~r's Day MartIn Luther K~ng's B1.rthday Washlnqton's BIrthday Memorlal Day Independence Day Labor Day ThanksglvIng Day Chr1stmas Day BIrthday of Employee One float1.ng holIday (accruals and usag~ sublect to provIsions specifIed 1n ^ above) - 15 - 4.02. 4 03. e e AddItIonallYJ after one year of employment: Ei'I~ter SlJnd~y AddItIonally, after two years of employment: One addItIonal floatIng holIday (accruals and usage subJect to provIslons speclflpd 1n A above) C. The admInl~tratlon or applIcatIon of paId holIday prOVlSJOnS and the sch~dullng ~nd payment for such holidays shall be as prescrIbed hereIn and In accordance WIth the CIVIl serVIce provlslons of the Santa Monica MunICIpal Code and past practIces. Vacatlon Leave Each employee OccupYIng a regularly authorIzed full-tIme pOSI tIon of Motor Coach Operator shall accrue vacatIon leave WIth pay on the follOWIng baSIS: }\. FollowJng completIon of of contInuous serVIce the fIrst 6 calendar months 6 workIng days. B. Thereafter, up to and IncludIng 10 completed years of serVIce one workIng day per completed calendar month of servIce. c. Upon completIon of 10 years of serV1ce and thereafter - 1.5 workIng days for pach completed ~alendar month of serVlce. D. The admln1stratlon or appl1.Catlon of vacatJ.on leave prOV1SJOnS and the lImItatIons on the accumulatIon} proportIonate accumulat10n) schedullng and payment for such leave snall bE' as prescrIbed In the CIV11 serVlce provls1ons of the Santa Monlca MunIc1pal Code. Slck Leave Slck leave shall be defIned and admln1stered Bectlon 21041 of the Santa MonIca MunICIpal Code Incorporated as If set forth 1n full. as 10 hereby The follOWIng prOVISIons shall apply to SIck leave: A. For the 51Xth lnCldent perIod, the fIrst day wlthout pay. 12-month shall be of of slclc such leave In a SIck leave - 16 - e e B. For the seventh, eIghth} and nlnth inCIdents of ]PRve 1n a 12-month perlod, the fIrst 3 days of slr.k leave ~hall be wIthout pay. SICle: such C. Reglnnlng wlth the t~nth lnclopnt and for any subsequent InCIdent of SIck leave in a 12-month perIod, such SIck ]~ave shall be WIthout pay. D. Any use of SIck leave WhlCh Involves hospItalIzatIon ~hol1 not be consIdered a SIck leave InCIdent for the purposes of computIng SIck leave InCIdents per 12-month perIod as specIfIed 1n 'A through C above} provl.ded that proof of ho~pltalizat1.on 1.5 furnished to the DIrector of Transportat~on upon the employee's return to work. E. 'rhe perIods deSIgnated as "wIthout pay" noted above shall be "WIth pay>> provIded an employee has accrued the follOWIng amounts of unused SIck leave: Length of ServI~e 1-5 years 5-10 yearf 1~ years+ Mlnlmum number of accrued slck leave days requlred to allow payment: SO days 75 days 100 days F. For all full-tIme Motor Coach Operators, SIck leave accrual shall he as follows: (1) After 6 completed cal~ndar months of servlce, 6 workIng days; ( 2 J Thereat ter, one work1.ng day for each campI eted calenda~ month of serVIce, except that for those employees wlth 10 or more years of servlce7 the rate shall be 1.5 worklng days tor each completed calendar month. (3) Effectlve July 1; 1987: those employees that do not have ten or more years of serVlce as of thIS di'lte shall hereafter earn one worklng day for e.=l("'h c-ompll"'ted calendar month of serVlce Hoyever, employees who are already accrulng sick leave at the rate of 1.5 work1ng days per camp leted ca lenda r month of serVl.ce sha 11 contInue to a~crue SIck leave at that rate untl1 June 30J 1988. [4) Fffectlve ,;llly 1J 1988: all employees regardless of years of serVice shall accrue slck 1 eave a tar a te of one> work1 ng day for each completed calendar month of serVlce. - 17 - 4.04. 4.05. 4.06 e e Leave of ~bsence W~thout pay An employee may be granted a leave of absence wlthout pay upon appl~cat1on approved by the Department Head and the CIty Man~ger. Su~h }PBve may not exceed one year's tIme. Upon eXplrat~on of the leave, the employee shall be reInstated to the pO~DtIon held betore the leave was gr~nted. Such leave shall be granted only In those cases where an employee's record of serVIce and quallflcat10ns make it deSIrable for the CIty to retaIn the employee's serVI ces even a t the cost of some 1 n("onven1 ence to the CIty MJlltary LE'av_E;! An full-time employee covered hereIn, who In tIme of war or natIonal emergency as proclaImed by the President of the UnIted States or the Congress of the UnIted states, or whIle any natlonal conscrIptIon act 15 10 effect, 15 Inducted Into the armed forces ot the Un1ted States or who }P3ves employment WIth the CIty to enter voluntarily the armed forces and WIthIn a reasonable tIme after 1 eav] ng emp loyment WI th the Cl. ty does so enter such serVlce) shall be granted a leave of absence WIthout pay for the duratlon of the perlod of actlve serVlce WIth such armed forces. If such employee receIves an honorable C:hscharge or Its eqUIvalent and the positIon st1l1 eX1sts and the employee IS otherwl.se qualIfIed to fl1l rhe snme, the pmployee shall have the rlght to return to the pOSItIon WIth the City "nthln 6 months <"If ter the termlnat 1 on of such actIve servl. ce bu t 5 ha 11 not have a rIght to 50 return later than 6 months after the pnd of the war or after the tIme the Presldent or Congress procla~ms the national emergency is termInated, or after the eXpIratIon of the natIonal conscr1otIon act. Such an employee shall receIve senior1ty and other cred1ts on the ')ame oaSIS as though the employee had remaIned In the CIty serVIce and had not taken such m]lltary leave. Leaves of absence WIth pay for temporary m~lltary duty shall be granted In accordance w~th nppllc~ble state law. Jury Duty Any employee covered hereIn, when duly called to serve on any lury and when unable to be excu~ed the-refrom, shall receIve the regular base compensatIon, less all Jury fees receIved excludlng mlleoage1 for the tIme rpqlnred to be sp€"nt under the )urisd~ctlon of the court. Each employee receIVIng a notIce to report for Jury ~erv]ce shall ImmedIately notIfy hls/her Immedlate superVIsor. - 18 - ./1.,07, 4.08. e e Whenever da 1.1 Y JU ry duty schedu I1ng perm1 ts , employees sh~ll return to thelr r~gular lob aQSlgnment to complete thp~r regular work hours WQrk~rs' Com~p~s~tlon ~~~v~ Employees shall be entltled to only those Worker~J CompensatIon BenefIts ~peCJfled under State Law. M_d tern 1 tv Leave MaternIty benefIts shall glJarantE'ed under State or greater benefIts. - 19 - be equal FedE'ral law, to those whlchever rIghts offers e e ART1CLE V. I) Ot. 5.02. WORKING CONDIT10NS 9~ferv The C1. ty sha 11 prov1.de a rea ~onab 1 y sate and hea 1 thy worKl ng €,nVl ronment 1 n ;\("('orcl,qnce W1 th appllc;Jble State and Federal laws and regulat1.ons. The recogn1.zed €'mploype organlz~tlon Rryrees rhat where safety devIces or 1tems of protect1ve equ1.pment are requ1.red or furnished, theIr use 5hall be mandatory. A repre~entat1.ve of the recogn~zed employee organlzatlon may attf'l1d rneet1ngs of .he Admlnlstratlve Si'ifety Commlttee when a safety hazard eXlsts WhlCh should be con51rler~rl by the Safety rommlttee. A 11 Motor Coach Opera tor 5 requ 1. red by the D1 rector of transportatIon to att~nd dppartmental safety meetIngs shall be compensated at the app11cabLe rate of pay for acrual tIme spent 1n att€'ndance at the meetIng. As-needed Employees NotWl thstandl ng ifny nast pract lces or other provl Slons noted hereIn, the Dl rector of Transportat 10n may hI re ns-n~~ded emplovees as foljows: A. The mnXl.mllm number of ~hnll not exceed 15% burlgetpd Motor Coach nearpst unlt. as-needed employees on duty of .he Ollmber of tull-tIme Operators, rounded to the A~-needed employee~ shall be used tor the purpose of worlnng tr1rnE'rs not bId by regUlar full-tIme op~rator~ upon completIon ot the normal shake-up bId proc-pss. The <;hake-tlp bld pro("!"'ss shall be de€'med complete when the least senIor full-tIme drlver ha~ recE'lvpd a work n~Slgnmpnt. B. The total hours worked by any as-needed drIver shall not excped 60 hours In if bl-Wf"pkly p"'y perlod. c. }\,,;-npeded dr I ver 5 dUTlng whIch they As-neerled drlvers pay gUnrantpes or shall be paId for all the tlme nre requlred to pertorm any dutles. w 1 11 no t be e 11 g 1 b 1 e f 0 l'" t 1. me 0 r- for ppnalty pay provIsInns - 20 - e e D. A~-nppdpd drlVprS wlll not be elJgJble tor paId leave or other frlnge beneflts appllcable to full-tlme Motor CnaC'h Operators, eoxc.ppt as provIded 1n thIS ttrt1.cle. E. }\<;-needed dr1.vers wIll not accrue SenlOrl.ty wl'nle so F'mp1nypd. }\n as-nepdi"'rl drlver who npplles and 15 accepred for employment as a tull-tIme Motor Coach Operntor "hall for all purpoc;es aC('Tl1e serVIce and <;enl0rl.ty only from the da.te of hl.re as a full-tl.me Motor Coach Operator F. As-needed dr 1 vers s ha 11 be allowed to work charter o"Isslgnments on thp date of the Hose Parade and Hose Bowl game or any ot her day rnu tua 11 y agreed upon by the Ghil:1rman of the CommIttee of AdJustment and the DIrector of Transportatlon. However, full-tlme Motor Coach Operi'ltors wIll be gIven tIrst cholCe to work t_h€' Rose Parade and Rose Bowl Game assl.gnments and ~sslgnments on i'lny other day mutually agr~pd upon by the Chalrm~n of the Comml.ttee of AdJustment and the Dlrpctor of Transport.'ltlons as noted above. If It b~r.omes necessary to lncrease charter buslness by utIlIZIng as-neE"'ded drn,ers 1.n another manner, the Ch~l.rman of the Commlttee of AdJustment and the DIrpctor of TransportatIon wIll meet to develop approprlate procedure~ to modl.fy thl.S sect1on. 1 tIS Ilnde rs t ood t \ia t on the above Rose Bowl or other mutually agreed upon d~tes, as-needed assl.gnments ~hnll not be lImIted to trIppers; nor does paragraph El above appLy. G. As-ne~ded Motor Co~ch hourly wage rate equal ArtIcle T SectIon 1.13. operators to the lOA -.nll be pelld Step" descr1.bed an 1n A~-needed ope>rators at the 1.1'{ B(2) pOC;1.tIon Motor Coach Operators who become full-tl.me durIng the term of thIS MOU shall be placed "A" step descrlbed In ArtIcle I Sect10n herf>of, \lpon f1ppOlnrment to the full-tIme H _ A din ly work sheet ~nclud~ng tne names and work asslgnmf'nts of as-nE'f"ned Motor C:oach operators wIll be malnt.'nneo In the otflce of the dl.spatcher. A 1 J st of al) as-nf'f'oed Motor Coach Operators W'111 be m;nntaIned In the offIce of the DIrector of Trnnc;;porto:'ltlCln i'lnd wIl] be aval table by appOIntment for reVIew by any authorIzed oftlclals of UTU Local 1.7B~ durIng rl"'\jular bUSlness hours. - 21 - S.Ol. 5 04. e e I. Notwlth~tRnn]ng ~nY provlSlons not~d ~bove; as-npeded Motor Coach Operators may aL~o be hlred by the Dlrertor of Tran~portRrlnn to work aS~lgnmpnts WhlCh are unw~nted by tull-tlme Motor Coach Operators. Hptore tlny 8s-nppded ('-l('ltor COilC"h Operators are used under thlS paragraph I) sald asslgnments wlll be offE"rt"d to full-tlme Motor COnch Operators. Assured Work Schedule Requl ar Operators nod Extra Operators drill y a ~ S 19ned run sha 11 recel. ve pay stralght tlme} pven though the complete does not l.nclude 8 full hours of work. who complete a for 8 hours at dal.ly ass~gnment Regu]ar Operators and Extra Operators \01'1]1 be pa1d at the rate of tlme and one-half for workl.ng on any regular day nff; and ~uch oper a tor who wn rks on a nay off wlll be guaranteed a mlnlmum of 5 hours and 20 mInutes at time and one-half. Regular Operators who complete a regularly asslgned SpIlt run sh.'!ll re-C"e1ve pay for not 1e-S5 than 8 hours at ~tra~ght tlme durlng the flrst 10 hours of the regular A~Slgnmpnt, pven though su~h assIgnment does not Include 8 full hours of work) and tIme and one-half for all e]ap~ed t1me- 1n exC"ess of such 10 hours. Whpn on any day) other than a day off or a ho Ilday) an Extra Ope-rAtor 15 reqUIred to TPport for duty, the operator ~hall recelve pay for not less than 8 hours at stralqht tlme} eve-n thnugh the a5~lgnm~nt does not Include 8 full hours of work, and tlme and one-half for all el.'!f;ped tl.me 1n ex.E'SS of 11 hOllrs. However, when an Extra Operator 1~ a~slgned a regular run such Extra Oper"tor wl1l he p",d t1"oer the "'Ame C"nnd1t10ns as a Regular Operator. S1gn-on 'J'1me A. When a driver l~ reqUIred by the Dlrector of TrAnsportatlon to report to the dlspat~her 10 mInutes befarp pUll-out tlme] sald 10 mInutes shall be i'l.llowp(J at the rpC]ular ri'l.te of ~ay for the purpose of chpcktng the bus to see that 1t 1S ready for i'l.~slgnmE"nt - 22 - 5.05. e e B. Whpn a drnTer 1 s rp<)tll red by the Tll rector of Transportat~on to report to the d~spatcher 5 m~nutes bFfore pull-out tIme for charter assIgnments} s~ld S mInutes shall he allowed at the regular rate of pay for the purpo~e of rherklng th~ bus to s~e that It 15 rendy for aS~lgnment. C. Wh~n .; drIver 15 rpglJI red by rhe DIrector of TransportatIon to report to the dIspatcher 3 m~nutes hf'>fnre ]PitVlnq to m.'lke relIef on a 11nP, s.'IId :~ mlnute~ shall be allowed at the regular rate of pay. D. When a drIver 15 requIred by the DIrector of 'I'ransportatlon to delve a School Pupll J\ctlV1.ty Bus Charter, the DIrector of TransportatIon WIll reqUIre tnf' dr~ver to report to the d1.spatcher 15 m1.nutes before pull-out t1me. SaId 15 mInutes shall be allowed at the regular rate of pay for the purpose of rhe~klng the bus to see that 1.t 1.5 re.;dy In accordance wlth Scnool Pup11 ~ctlv~ty Bus Charter requIrements ACCIdent Report T~me All op~ratorg rpqulred by the DIrector of TransportatIon to fIll out aCCIdent reports after completIng a run of at least 8 nours c;hall reCE'lVe compensatlon tor the tIme reqUIred to complete each such report at the applicable rate of pay, provlded that sllC'h paymE'nt ~hiill be I1mIted to 24 mlnutes per report. - 23 - , e e AR'I'ICL E VI. 6.01 _ 6.02. 6.03. EMPLOYER/EMPLOYEE REL~TIONS Payroll Deduct]on~ It ~g mutually understood and agreed that the c~ty will, suhlect to the pravI ~nons of OrdInAnce HOl (CCS), and during the term of thiS MOU, deduct monthly, and remit to the offIce or offIcer de~~gnated In the employee payroll deduction authorization: recognized employee organization dlle"S; crE"dlt unIon Investments or payments, health and hO~pltalIzatlon Insurance premIums, and lIfe and accident 1 nsu rance premlllms. Any 0 raIl such payro 11 deduct Ions are subJect to termlnat Ion by the Cl ty Manager upon 24 hours notIce for faIlure to comply WIth the prOVISIons ot thl.s MOll. R~asona~le NctICP. It IS mutually agreed and understood that a copy of the CIty CounCIl and/or Personnel Board agenda for each meet ing ma 1.1 ed to the au t hor I zed representa t 1 ve of the re~ognI7~d employee organIzatIon shall constItute rea sonab Ie Wrl t ten not I ce) and not Ice of an oppor-tunl ty to me>et WI th such age>nc 1 es, on a 11 ma t ter S WI thl n the scope of representation upon which the Cl ty CouncIlor Personnel Board may act. UnIon Secur1.ty Employee payroll deductIon authorIzations for United Transoortatlon Unlon Loral 1785 dues ~hall be voluntary on the part of the employee but shall not be SUbJect to llnllateoral can~ellatlon by the employee durIng the term of thIS Agreement. Employee members of u'ru Local 1785 who i'lre members of saId Local 1785 30 dilYS after the ratIfIcatIon date of thIS MOll by the CIty CounCIl and employees '..rho thereat t er become members of sa 1 d Loea 1 1785 shall remaIn as members of saId Local 1785 for the term of thIS Agreement. The UnIted TransportatIon UnIon agrees that It WIll lndemnlfy, defend and save harmless the CIty from any and all lU'JbllIty arISIng from enterIng Into or complYIng WIth the teorms ot thIS sectIon. - 24 - , .. ~. 6 04. e e GrlPvRnce RnQ Cnm~la]nt pollry In the event any grlevances, d1.sputes, or dl<5agreements arl~e cnncernlng matters wIthIn the scope of repre"lentat1on of the recogn1.zed employee organizat1.on, ~lIch qrlevanC"'es, dlsputps or dIsagreements shnll be resolved a"! follows: A. GrIevances, dIsputes or dlsngr~pmpnts ronrernlng the 1. nte rpretat 10n or app 11 catIon of the terms of th1. "! MOll 5hall be rE"solved, If posslhle, by meetIng and conferrIng 1n good falth. If unresolved by such meetIngs, the partIes shnll consIder subm1ttlng such 1.s~ues to med1.atlon as prov1ded by Ord1.nance 801 r Cr:S) . In the abs ence of agr€"ement to medl ate, or fa1lure ot med1atlon, or arbltrat10n by mutual consent, the Issue shall be resolved by an actIon In a court of competent )ur1sdlctlon on motlon by eIther party. B. GrIevances, d1.sputes or d1sagreements InvolVIng removals, demotIons or suspenSIons shall be resolved as provided by the CIvil sennee provisIons of the S~nta Monlca MunICIpal Code and the CIty Charter. Cather gr1evances, dIsputes and dlsagreements shall be resolved as prOVIded by the CIVIl serVICe prOVISIons of the Santa MonIca Municlpal Code. Representat1.on by the recogn17ed employee organlzatlon shall be 11.mlted, In th1.s class of gr1.evance, to appearances before the lowest level of supervISIon not represented by the employee organ1zatlon, the nppartm~nt Head} Personnel DIrector, and the C1.ty Mnnager. - 25 - t . e IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this date: I 1986. By: United Transportation Union Local 1785 City of Santa Monica John H. Almeido, Chairman Committee of Adjustment John Jalili city Manager George Reynoso Committee Member Arnold White Committee Member APPROVED AS TO FORM: by Robert M. Myers city Attorney