SR-9-B (15)
{j{!-:) -- eez- q.r;
PE:KB:kb santa Monica, California
council Meeting: September 25, 1990
TO: Mayor and city Council
FROM: City staff
SUBJECT: Resolution Authorizing the City Manager to Execute a
Memorandum of Understanding with the california League
of city Employees Association (C.L.O.C.E.A. )
INTRODUCTION
This report requests that Council adopt the attached Resolution
authorizing the City Manager to execute a memorandum of under-
standing (MOU) with the California League of city Employees As-
sociations (C.L.O.C.E.A.) .
BACKGROUND
The current Memorandum of Understanding croWU) with the California
League of city Employees Associations (C.L.O.C.E.A.) expired on
June 30, 1990. Negotiations with C.L.O.C.E.A. to replace the
expired MOU commenced on June II, 1990 and resulted in the at-
tached MOD. This new agreement was ratified by the membership of
C.L.O.C.E.A. on September 11, 1990.
This agreement includes cost of living increases for FY90-91/
FY91-92 and FY92-93, increases the shift differential for swing
shift and graveyard shift, increases the amount that the city
contributes towards the cost of medical and dental insurance,
- 1 - 113
provides for bereavement leave, increases the number of personal
leave days, includes language that provides for the implementa-
tion of compressed work schedules without increasing the finan-
cial liability of the City, provides for the establishment of a
joint labor-management committee to address employer-employee
issues that arise during the term of this MOU, and makes some
other minor economic and non-economic changes.
RECOMMENDATION
It is recommended that Council adopt the attached Resolution au-
thorizing the City Manager to execute the attached MOV with the
California League of city Employees Associations.
prepared By: Karen Bancroft
(KB.lIclocea9")
- 2 -
. _~.--'"-__~....iIIii!ati_
~
RESOLUTION NO. 8093(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COL~CIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH THE CALIFORNIA LEAGUE OF CITY EMPLOYEES ASSOCIATION
WHEREAS, the City Administration and representatives of the
California League Of City Employees Association have met and
conferred under the terms of Ordinance No. 801 (CCS) and have
reached agreement on wages, hours and other terms and conditions
of employment; and
WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the City
of Santa Monica requires preparation of a written Memorandum of
Understanding between the administration and employees if an
agreement can be reached; and
WHEREAS, Section 2.06 of ordinance No. 801 (CCS) further
provides that any such Memorandum of Understanding shall not be
binding unless and until presented to the governing body for
determination; and
WHEREAS, the purpose of the Memorandum of Understanding is
to promote and provide harmonious relations, cooperation, and
understanding between the California League Of City Employees
Association and the city of Santa Monica:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
- 1 -
- - -
.
SECTION 1- The City Council of the city of Santa Monica
does hereby approve and authorize the City Manager to execute the
Memorandum of Understanding executed by the California League Of
city Employees Association, a copy of which is attached hereto.
SECTION 2. The city Clerk shall certify to the adoption of
this Resolution} and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~.~ ~
,j
ROBERT M. MYERS
city Attorney
(dft.resocloc)
- 2 -
,
Adopted and approved this 25th day of september, 1990.
B~ I~.-
M r
I hereby certify that the foregoing Resolution No. 8093 (CCS)
was duly adopted by the City council of the City of Santa Monica
at a meeting thereof held on September 25, 1990 by the following
Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Katz, Mayor
Zane
Noes: councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Jennings, Reed
ATTEST:
'~~71U4)
ASSl ~y Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
CALIFORNIA LEAGUE OF CITY EMPLOYEE ASSOCIATIONS
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER PAGE #
ARTICLE I: GENERAL PROVISIONS
1.01 Parties to Memorandum................. ..........3
1. 02 Purpose............................................".................... 3
1.03 Term of Agreement II oil .. .. . . . . .. .. II . . .. . ill . ... ... III III . .. " . .. .. .. . .. .. 4
1.04 city council Approval................. ..........4
1.05 Recognized Employee Association Name.. ..........4
1.06 Scope of Representation.........................4
1.07 Full Understanding, Modification and Waiver.....S
1.08 Management Rights Reserved......................S
1.09 Peaceful Performance of City Services. ..........6
1.10 Validity of Memorandum of Understanding.........6
1.11 Captions for Convenience.............. ..........7
1. 12 Equal Employment................................ 7
1. 13 Definitions............................................"........"............... 8
1. 14 Overpayment Remedy.................... . . . . . . . . .10
LIS Payments at Termination....................... .10
ARTICLE II: COMPENSATION
2.01 Effective Date of Pay Increase........ ..........11
2 .. 02 Sa 1 a r i es. .. .. .. .. .. .. .. .. . .. .. .. ill II . .. .. .. .. . .. .. .. II ill .. .. .. .. .. II .. .. .. III III .. .. .. 11
2 . 03 Overt ime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2.04 Shift Differential Pay......................... .13
2.. 05 Call Back Pay................ II ill .. .. . . .. II .. .. .. . . " .. .. " . . .. . .. " .. .. . .14
2 .. 06 Report Pay..................................... -II ,.. .. .. . . ,.. . .. .. . .. .. 14
2.07 Stand-By Time................................... 15
2 'II 08 Bonuses............................................................. 15
2.09 Pay For Serving In A Higher Job Class...........16
2.10 Off-Duty Court Appearances......................17
ARTICLE III: SUPPLEMENTAL BENEFITS
3. 01 Health Insurance Programs....................... 18
3.02 Retirement............................................... .19
3.03 Tuition Reimbursement. . . . . . . . . . . . . . . . . . . . . . . . . . .19
3 . 04 De f erred Compensation........................... 20
- 1 -
3.05 Uniform Allowance. .. .. .. .. .. . . .. .. .. .. . , .. .. .. .. .. . .. .. .. .. .. .. II .. .. .. .. 20
3.06 Tool Allowance................................. .21
3.07 Mileage Reimbursement...........................2l
3.08 state Disability Insurance.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 22
3.09 Sick Leave Buy Back.................... II .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 22
ARTICLE IV: LEAVES
4 . 01 Paid Hol idays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
4.. 02 vacation Leave............. III III .. .. .. .. .. .. ill .. .. .. .. .. oil II- .. .. .. .. .. .. .. .. .. .. .. 27
4.03 Sick Leave......................................................... III .. .. .. .. .. II .. 28
4.04 Leave of Absence Without pay.................. ..30
4.. 05 Military Leave......................... ill .... .... .... ..... .. II.... II .. .. .. .. .. .... 30
4.06 Workers' Compensation Leave.....................31
4.07 Jury Duty....................................... 3 1
4.08 Parental Leave.. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. .. fI .. .. .. .. .. .. .. 31
4.09 Personal Leave.. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. III .. .. .. .. .. .. .. ... .. .. .. . .. .. .. .. 32
4.10 Bereavement Leave.......................... III .. .. .. .. . .. .. .. .. .. .. .. .. .. .. II .. 33
ARTICLE V: WORKING CONDITIONS
5.01 Safety and Loss Prevention................................. III III.... .34
5.02 Effect of Job Performance on Salary........... ..34
5 . 03 La yo f f s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5
5.04 Work By Supervisors............................. 35
5.. 05 Wash-Up Period,................................................... r ... ... ... ... .. . .. .. ... 36
5.06 Subcontracting..................................36
5.07 Employee Parking............ III .. .. .. .. . .. . .. III .. .. .. .. . . III .. .. .. .. .. . oil .36
5.08 Work Schedule................................................................ 37
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deduct ions.. .. ... .. .. .. .. .. .. .. .. .. ... . ... .. .. .. .. .. ... ... .. .. .. .. .. . .. ... 38
6.02 Reasonable Notice.... ................. ..........38
6.03 Union Security............................................................... 38
6.04 Union Visitation & Shop stewards Rights....... ..39
6.05 Organization Business Affairs................. ..41
6.06 Bulletin Board Literature Distribution..........41
6.07 Grievance and Complaint Policy..................41
6. 08 Annual Meetings................................. 43
6.09 Joint Labor-Management Committee................43
- 2 -
CLOCEA
CITY OF SANTA MONICA
ARTICLE I. GENERAL PROVISIONS
1.01. Parties to Memorandum
This Memorandum of Understanding (MOU) has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
city of Santa Monica, which Ordinance is hereby
incorporated by reference as if fully set forth herein,
and has been executed By the City Manager on behalf of
management officials of the city and by the california
League of City Employee Associations (hereinafter
lie. L. O. C. B.A. "), Service Employees International Union,
AFL-CIO (hereinafter "S.E.I.U."), on behalf of permanent
employees occupying the line-item job classifications
set forth in Exhibit A which is attached hereto and made
a part hereof.
From time to time, classifications may be included or
excluded under the terms of this MOU, provided that the
Union and the City find those classifications to be
appropriately within the unit composition standards of
this unit or of another unit and that the Municipal
Employee Relations Officer finds that their inclusion or
exclusion is not inappropriate under the terms of
Ordinance No. 801 (CCS). Such additions or deletions
shall be agreed upon in writing and will become
effective upon execution by representatives of the Union
and the Municipal Employee Relations Officer. However,
no classifications currently represented by C.L.O.C.E.A.
as set forth in Exhibit A which is attached hereto and
made a part hereof, shall be considered for exclusion by
the City from this appropriate unit prior to June 1,
1990.
1.02 Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation
and understanding between the City and the employees
covered herein; to provide an orderly and equitable
means of resolving differences which may arise under
this memorandum, and to set forth the full agreements of
the parties reached as a result of meeting and
conferring in good faith regarding matters within the
- 3 -
scope of representation for employees represented by
C.L.O.C.E.A.
1.03 Term of Agreement
This Agreement shall be effective as of the 1st day of
July, 1990, and shall remain in full force and effect
until the 30th day of June, 1993. It shall be
automatically renewed from year to year thereafter,
unless either party shall notify the other in writing
not later than January 15 of each year that it desires
to terminate or modify this Agreement, and specifically
indicates requested modifications. In the event that
such notice is given, negotiations shall begin no later
than March 1 with a signed contract desired by July 1.
1.04 City Council Approval
This MOO is of no force or effect whatsoever unless or
until ratified and approved by resolution duly adopted
by the city Council of the city of santa Monica.
1.05 Recognized Employee organization Name
California League of ci ty Employee Associations,
S.E.I.U., is hereby acknowledged as the Recognized
Employee organization representing only the permanent,
line-item job classifications set forth in Exhibit A
(which is attached hereto and made a part hereof)
pursuant to section 3.04 (c) of Ordinance No. 801 (CCS).
It is the mutual understanding of the parties hereto
that acknowledgment of C.L.O.C.E.A., S.E.I.U., as the
recognized employee organization:
A. Does not preclude employees in such job
classifications from representing themselves
individually in their employment relations with
the city.
B. Does not preclude or restrict the right of
management officials to meet and consult with
employees in such job classifications concerning
their employment relations with the city.
1.06. Scope of Representation
The scope of representation of the recognized employee
organization shall include all matters relating to
employment conditions and employer-employee relations
including, but not limited to, wages, hours, and other
- 4 -
terms and conditions of employment, except, however,
that the scope of representation shall not include
consideration of the merits, necessity, or organization
of any service or activity provided by law or executive
order and that the scope of representation shall be
exercised or performed in compliance with the provisions
of Ordinance No. 801 (CCS).
1.07. Full Understanding, Modification and waiver
The parties agree that each has had full and
unrestricted right and opportunity to make, advance, and
discuss proposals regarding all matters properly with
the scope of representation as outlined in Section 2.05
of Ordinance No. 801 (CCS). This MOU constitutes the
full and complete agreement of the parties and there are
no others, oral or written, except as specified in this
Agreement. Provisions or conditions not specifically
changed in this MOU shall be as prescribed by the civil
service provisions of the Santa Monica city Charter and
the Santa Monica Municipal Code. Each Party, for the
term of this MOU, specifically waives the right to
demand or petition for changes herein, whether or not
the subj ects were known to the parties at the time of
execution hereof as proper subjects within the scope of
representation as outlined in section 2.05 of ORDINANCE
No. 8 01 ( CCS) .
1.08. Management Rights Reserved
The city retains all rights not specifically delegated
by this Agreement, including, but not 1 imi ted to, the
exclusive right to:
A. Direct, supervise, hire, promote, suspend,
discipline, discharge, transfer, assign, schedule,
and retain employees.
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive.
c. Determine the services to be rendered, operations
to be performed, utilization of technology, and
overall budgetary matters.
D. Determine the appropriate job classifications and
personnel by which government operations are to be
conducted.
E. Determine the overall mission of the unit of
government.
- 5 -
F. Maintain and improve the efficiency and
effectiveness of government operations.
G. Take any necessary actions to carry out the
mission of an agency in situations of emergency.
H. Take whatever other actions may be necessary to
carry out the wishes of the public not otherwise
specified above or by collective agreement.
1. 09. Peaceful Performance of city service
It is mutually understood and agreed that participation
by any employee in a strike or a concerted work stoppage
terminates the employment relationship in the absence of
specific written waiver of such termination by an
authorized management official.
A. It is further understood and agreed that none of
the parties hereto will participate in or
encourage, assist or condone any strike, concerted
work stoppage, cessation of work, slow-down,
sit-down, stay-away, illegal picketing or any
other illegal form of interference with or
limitation of the peaceful performance of City
services.
B. In the event that there occurs any strike,
concerted work stoppage, cessation of work,
slow-down, sit-down, stay-avlay, illegal picketing
or any other illegal form of interference with or
limitation of the peaceful performance of City
services, the city, in addition to any other
lawful remedies or disciplinary actions, may by
action of the City Manager cancel any or all
payroll deductions, prohibit the use of bulletin
boards, prohibit the use of City facilities, and
prohibit access to former work or duty stations
upon 24 hours notice.
1. 10 . Validity of MOU
If any provision of this MOU is determined to be invalid
or ille.gal by a court of competent jurisdiction, then
such provision shall be severed from this MOU, but the
remainder hereof shall remain in full force and effect.
The parties hereto shall immediately commence to
negotiate for the purpose of replacing any such invalid
or illegal provision.
Should any change be made in any Federal or state law,
or in any rules and regulations implementing such
- 6 -
legislation, or in any City Charter provision or Santa
Monica Municipal Code provision which would be
applicable and contrary to any provision herein
contained, then such provision of this MOU shall be
automatically terminated, but the remainder of this MOV
shall remain in full force and effect. Such legislation
and/or rules and regulations shall supercede this MOD
and applicable clauses shall be substituted for those
ruled invalid or illegal. The parties hereto shall
immediately commence to negotiate for the purpose of
replacing any such invalid or illegal provision.
1.11. captions for ~onvenience
The captions herein are for convenience only and are not
a part of the MOV and do not in any way limit, define,
or amplify the terms and provisions hereof.
1.12. Equal Employment
It is agreed by both parties to this MOU that they will
fully comply with all applicable local, state and
Federal laws, rules and regulations governing equal
employment opportunity. The Affirmative Action Program
and the Sexual Harassment Policy of the city of Santa
Monica are affirmed by both parties to this MOV and
incorporated by reference here.
Every city employee is expected to respect the dignity
of every other City employee and to refrain from any
actions, including the use of slurs or jokes regarding
sex, age, race, national origin, religion, disability or
sexual preference/orientation which could be construed
as harassment. Verbal or physical harassment of fellow
employees are violations of City policy. No employment
decision may be made based upon an employee's submission
to or rejection of such conduct. Any employee who
believes that he or she is the victim of such
harassment, whether sexual, racial, ethnic or religious,
may file a complaint. The employee should attempt to
discuss the matter with his/her immediate supervisor
and, if not satisfied, submit the grievance in writing
to hiS/her department head. The department head will
render a decision, or will advise the employee of
further procedures if the matter is outside the
department head's authority. If he/ she is still
dissatisfied, the employee should submit the grievance
in writing to the Director of Personnel who will
interview the parties concerned and submit a
recommendation to the City Manager, whose decision shall
be final. Complaints of discrimination against an
appointed official of the City, including the City
- 7 -
Manager, City Attorney, or City Clerk, should be made in
writing to the City Council.
Complaints of a sensitive nature, including complaints
involving sexual harassment, may bypass any step of the
standard grievance procedure which involves a supervisor
or manager whose conduct is the subject of the
complaint.
1.13. Definitions
The following definitions are to be applied in the
interpretation of this MOU:
A. "Salary Range" shall mean the normal five-step (A
through E) hourly or monthly pay scale (and the
hi-weekly equivalent) assigned to each job
classification within the city work force.
B. "salary Range step A through D" for each job
classification within the city work force shall
mean and be established to bear the following
percentage relationship to Salary Range step E
computed to the nearest dollar, with attainment
based upon the following amounts of service in the
position:
step A - 81% of Step E..........During 1st Year of
Employment
step B - 85% of step E..........During 2nd Year of
Employment
step C - 90% of Step E..........During 3rd Year of
Employment
step D - 95% of Step E..........During 4th Year of
Employment
step E..........................After 4th Year of
Employment
C. "Nearest Dollar" shall mean the next lower dollar
in a monthly rate when the computed amount is 50
cents or less and the next higher dollar when the
computed amount is 51 cents or more.
D. "Line-item Position" shall mean a position which
is (a) specifically itemized in the personnel
schedule of the annual budget of the city of Santa
Monica and (b) eligible to accumulate vacation,
sick leave and other time off in proportion to the
percentage of the full-time 40-hour work week.
Other fringe benefits shall be provided to
part-time employees covered hereunder as if they
were employed on a full-time basis.
- 8 -
E. "Permanent Employees" shall refer only to the
budgetary status of a position, differing from
"as-needed," and does not guarantee continued
employment to any employee.
"Permanent Employees" shall mean:
(1) A person who is legally incumbent of a
line-item position, full or part-time; or
(2) A former legal incumbent of a line-item
position on authorized leave of absence from
a regularly budgeted position which position
is being held pending the employee's return.
F. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into
a line-item position in the classified service of
the City of Santa Monica, either by original
employment, reemployment or promotion. The date
of entrance for employees with broken service
shall be considered as that date on which the last
unbroken service in the classification was
effective.
G. "satisfactory Service" shall mean the attainment
of an overall performance rating of not less than
"Satisfactory" on the performance report
associated with the employee's most recent date of
entrance anniversary.
H. The "Full-Time Work Week" shall be defined as
forty ( 40) hours, wi thin a seven (7) day period,
scheduled on consecutive days whenever operating
conditions of the department or city will allow.
(1) Incumbents of line-item positions employed
in a work week less than that defined as the
full-time work week shall be compensated in
that proportion of the compensation for
full-time employment as the number of hours
budgeted for that position bears to the
fUll-time work week; incumbents of line-item
positions employed in a work week greater
than that defined herein shall be
compensated for hours in excess of the
full-time work week on the basis of and in
accordance with the provisions of the
article hereof relating to overtime.
(2 ) Incumbents of line-item positions regularly
working less than the full-time work week
shall accrue vacation, sick leave and other
time off in the same ratio as the average
number of hours they work per week is to the
full-time work week for the position
- 9 -
occupied. other fringe benefits shall be
provided to part-time employees covered
hereunder as if they were employed on a
full-time basis.
I. "Pay" shall mean all compensation, including
payment for sick leave, vacation, holiday, and
jury duty.
J. "Working Day" as used in the section of this
Agreement pertaining to vacation accrual (section
4.02) and sick leave accrual (Section 4.03) shall
mean eight (8) hours.
K. If Compressed Work Schedule" shall mean a work
schedule in which a full-time employee is assigned
to work a total of eighty (80) regularly scheduled
hours in nine (9), or less, days in a given
two-week (i.e., two work week) period.
1.14. Overpayment Remedy
Permanent employees covered herein shall reimburse the
city for any overpayment of wages or benefits. Said
reimbursement shall not be required until the city
notifies the affected employee in writing.
Reimbursement may be accomplished by a lump-sum
deduction made on the next subsequent employee payroll
warrant fOllowing overpayment notification, or by other
reasonable repayment method mutually acceptable to the
employee and the City, except that lump-sum deduction
shall be required if the next subsequent employee
payroll warrant is the final or termination warrant
issued to the affected employee.
1.15. Payments at Termination
When permanent employees covered herein leave the
service of the City of Santa Monica they shall be
entitled to lump-sum payoff of unused accrued vacation
leave and unused accrued compensatory time only. No
claim shall be made against the city for the use or
payment of unused sick leave, nor shall the effective
date of termination be extended by the use of
compensatory time, sick leave, vacation or other leave
days.
- 10 -
ARTICLE II. COMPENSATION
2.01. Effective Date of pay Increase
Notwithstanding any other provision contained herein,
changes in salary rates and salary related benefit
changes shall become effective on the 1st day of the
payroll period closest to the effective date stated
herein, or on the 1st day of the payroll period
following the effective date if that date is the Sunday
in the middle of a pay period.
2.02. Salaries
Salaries of permanent employees covered herein shall be
on a monthly rate, paid on a bi-weekly equivalent basis.
In lieu of the bi-weekly equivalent to a monthly rate,
the City Manager may fix the compensation of any
position at an hourly rate. In positions for which the
work week is forty (40) hours, the hourly equivalent
shall be determined by dividing the bi-weekly rate by
eighty (80).
A. Effective July 1, 1990, the E-step salaries of
employees covered herein shall be increased by a
minimum of 4%, OR, if higher, by an amount equal
to the percentage increase in the "cost-of-living"
index as measured by the Consumer Price Index (for
Urban Wage Earners and Clerical Workers, 1967 =
100) for Los Angeles-Rivers ide-Anaheim,
California, published by the U. S. Department of
Labor, Bureau of Labor Statistics, for the base
period of April, 1989 to April, 1990. However, in
no event shall said adjustment exceed 8%.
B. Effective July I, 1991, the E-step salaries of
employees covered herein shall be increased by a
minimum of 4%, OR, if higher, by an amount equal
to the percentage increase in the "cost-af-living"
index as measured by the consumer Price index (for
Urban Wage Earners and Clerical Workers, 1967 =
100) for Los Angeles-Riverside-Anaheim,
California, published by the U. S. Department of
Labor, Bureau of Labor Statistics, for the base
period of April, 1990 to April 1991. However, in
no event shall said adjustment exceed 8%.
C. Effective JUly 1, 1992, the E-step salaries of
employees covered herein shall be increased by a
minimum of 4%, OR, if higher, by an amount equal
to the percentage increase in the "cost-of-living"
index as measured by the Consumer Price Index (for
Urban Wage Earners and Clerical Workers, 1967 :z::
- 11 -
100) for Los Angeles-Riverside-Anaheim,
California, published by the U.s. Department of
Labor, Bureau of Labor Statistics, for the base
period of April, 1991 to April, 1992. However, in
no event shall said adjustment exceed 8t.
D. A given classification covered by this MOU will be
eligible to receive an equity adjustment providing
that the compensation study conducted by the city
of Santa Monica substantiates the need for any
equity adjustment to bring the salary range of
that classification in line with the mean salary
paid to the same classification found in
comparable cities. The City will be willing to
receive and evaluate any salary comparison data
that CLOCEA might want to make available regarding
an equity adjustment for a given classification.
Should a compensation study indicate that a given
job classification is currently being paid above
the mean salary paid to the same classification
found in comparable cities, the salary range of
that classification will remain unchanged. Equity
adjustments described herein will be considered on
an annual basis / either as a part of the annual
budget process if no MOU negotiations should be
occurring during the year in question or as a part
of the MOU negotiations process should the MOU be
up for negotiations. Like any other salary
increase, equity adjustments will be subject to
the approval of the city council.
2.03. Overtime
Overtime for employees who are regularly assigned to
five (5) day, eight (8) hours per day work week and for
permanent part-time employees who regularly work less
than eight (8) hours in one (1) day and forty (40) hours
in one (l) week shall mean work in excess of eight (8)
hours in one (1) day or forty (40) hours in one (1)
week, provided such hours of work have had the prior
approval of an authorized departmental management
official. Overtime for employees regularly assigned to
work day in excess of eight (8) hours shall mean work in
excess of the regularly scheduled number of hours in one
(1) day or in excess of forth (40) hours in one (1) work
week, provided such hours have had the prior approval of
an authorized departmental management official.
Discretionary time not worked, including vacation, sick
leave and compensatory time off, shall not be counted
toward the forty (40) hours required above.
Non-discretionary time not worked, including holidays,
jury duty and workers' compensation leave, shall count
toward the forty (40) hours required above, with the
exception being that if the employee works on a
recognized holiday, the actual number of hours worked,
- 12 -
but not the eight (8) hours of holiday time, shall count
towards the forty (40) hours for the purpose of
calculating overtime. All authorized overtime shall be
compensated for by cash payment based upon one and
one-half (1-1/2) times the hourly rate equivalent of the
employee's monthly salary computed to the nearest
one-tenth of an hour, except that an authorized
departmental management official may grant compensatory
time off at the rate of one and one-half (1-1/2) hours
off for such overtime provided that such compensatory
time off can be granted within the current fiscal year.
If compensatory time is accrued and not taken by June 30
of any fiscal yearl it will be paid to the employee at
the rate earned.
In order to supplement eight (8) hours of paid leave
time for a regularly scheduled work day comprised of
more than eight (8) hours, the employee will have the
option of working the additional time required, on a
straight-time basis, during the applicable seven-day
work week, in order to receive a full day's pay for the
day in question. Paid leave time would include holiday
hours, vacation or sick leave.
2.04. Shift Differential Pay
A night shift differential of $.45 per hour for all
hours worked on the shift shall be paid to any permanent
line-item employee whose regular schedule requires the
employee to work at least four (4) hours of his/her
regular schedule between the hours of 4:00 p.m. and
12:00 midnight, provided that:
A. Shift differential shall not be paid when
scheduled hours are compensated as overtime.
B. The employee is not working between the hours of
4:00 p.m. and midnight as part of a split shift.
"Split shift" is defined as: a shift of eight (8)
or more non-continuous work hours in a single day,
separated by a break of at least three (3)
non-working hours during the shift. Such employee
shall be paid the night shift differential
established by this provision only for each hour
actually worked between the hours of 4:00 p.m. and
midnight.
Effective July 11 19911 the night shift differential, as
provided above, will increase to $.60 per hour.
Effective July 1, 1992, the night shift differential, as
provided above, will increase to $.75 per hour.
Any permanent line-item employee who regular schedule
requires the employee to work at least four (4) hours of
- 13 -
the shift between midnight and 7:00 a.m. shall be paid a
graveyard shift differential of $.60 per hour for the
entire shift, except as provided in A and B above.
Effective July 1, 1991, the graveyard shift differential
will increase to $.75 per hour for the entire shift,
except as provided in A and B above. Effective July 1,
1992, the graveyard shift differential will increase to
$.90 per hour for the entire shift, except as provided
in A and B above.
Any employee who shift overlaps the above periods shall
receive only that differential which applies to the
majority of the shift worked. The applicable
differential shall be paid for the entire shift.
2.05. Call Back Pay
Should the City call back any full-time employees after
his/her normal working hours to perform work, the city
shall pay the employee his/her applicable hourly rate of
pay for all hours actually worked, but in no event shall
the employee receive less than a minimum of three (3 )
hours pay regardless of time actually worked as a result
of being called back to perform services for the City.
Hours paid for but not worked as call back pay shall be
counted toward the computation of overtime.
If there is less than six (6 ) hours between the end of
the call back period and the beginning of the employee's
regularly scheduled shift, the employee will receive
time and one-half (1-1/2) his/her base rate of pay for
all hours worked during the next regularly scheduled
shift. However, if it is determined by management to
pose a safety hazard to allow the employee to work
his/her regularly scheduled shift following the end of
the call back period, management reserves the right to
not allow the employee to work. If the employee should
not be allowed to work his/her regularly scheduled
shift, the employee will not be compensated for said
shift.
2.06. Report Pay
Any regularly scheduled full-time employee who reports
to work for his/her normal work schedule, but is
released due to insufficient work, shall receive a
minimum of four ( 4) hours work or pay. In the event
that such employee works in excess of four (4) hours,
he/she shall receive eight (8) hours of work or pay,
providing such employee does not receive notice not to
report to work. This provision shall not be effective
- 14 -
for timQ not worked for disciplinary reasons or other
normal leaves of absence.
2.07. Stand-By Time
This section replaces the provisions of Resolution No.
6228 (CCS) in whole for employees covered by this MOO.
An employee required to serve on stand-by duty shall be
compensated at the rate of $1. 75 per hour. Employees
who are required to use their personal vehicles for
stand-by response will be compensated at the city's
mileage rate for miles actually driven in response to a
stand-by call. If the employee is called in to work,
he/she will be compensated for hours worked at the
appropriate regular or overtime rate.
2.08 Bonuses
A. Laborers assigned to the sewer crew for periods in
excess of one month shall receive a bonus of 5.4%
above their regular rate during the period of such
assignment. This section supercedes the
provisions of Resolution No. 3750B (CCS).
B. sanitation Truck Drivers assigned to one-man
trucks shall receive a $1.00 per hour bonus for
all hours worked in such assignment.
C. A supervisory differential of 2.7% shall be paid
to employees who are assigned to regularly
supervise other employees in the same job
classification.
D. Motor Coach Cleaners, when required to make road
calls, will receive a bonus of .2 of an hour
straight time pay for each road call.
E. Pier and Harbor Guards who are required to scuba
dive in the course of assigned duties shall be
paid a bonus of $75.00 per month for any month
during which the employee has performed such
diving. This benefit is payable only to Guards
with valid SCUBA certification cards, inclUding
regular recertification, and if the employee has
been assigned to scuba dive.
F. Assignments to and from the bonus situations
described above are not promotions or demotions as
described in the Municipal Code and are,
therefore, not subject to appeal to the Personnel
Board.
- 15 -
2.09. Pay for Serving in Higher Job Classification
When, in the determination of the department head, it is
necessary to assign duties and responsibilities of a
position classification higher than those normally
performed by an employee due to the temporary absence of
an employee in higher position classification, employees
so assigned shall be compensated as follows:
A. If the assignment is temporary due to the
vacation, sick leave or other temporary absence of
the employee in the higher classification, the
employee temporarily assigned shall be paid at the
rate of an additional seventy-five (75) cents per
hour for all such hours assigned after the
employee works a minimum of two (2) consecutive
work days in the higher classification assignment,
with payment retroactive to the first day. The
city shall not rotate employees in and out of the
higher position classification assignments in
order to avoid paying said compensation.
B. If the position to be filled is vacant because
there is no properly classified employee
available, and there is no valid eligible list for
that position classification, the department head
may temporarily assign an employee who meets the
minimum qualifications of the vacant position.
The employee shall receive the salary rate for the
vacant classification, at the lowest salary step
which provides an increase of at least 5% over
hiS/her current salary rate.
C. If an eligible list exists for the vacant
position, the department head shall attempt to
appoint an employee from the eligible list at the
earliest possible date, and the provisions of this
paragraph shall be applicable to the employee
assigned to cover the vacancy in any interim
period.
D. Nothing in this section shall require the City to
make temporary assignments of employees.
E. Assignments to and from the situations described
in this section are not promotions or demotions as
described in the Municipal Code and are,
therefore, not subject to appeal to the Personnel
Board.
2.10. Off-Duty Court Appearances
If an employee appears in state or federal court while
off-duty in response to a subpoena or directive in
- 16 -
relation to a matter that arose during the course and
scope of employment, the employee shall receive a
minimum overtime compensation of three (3) hours at the
rate of one and one-half (1-1/2) times the employee's
base rate of pay. Individual employees shall not have
their work schedules changed to avoid the payment of
compensation under this section. This shall not prevent
the Department from changing the schedules of groups of
employees.
- 17 -
ARTICLE III. SUPPLEMENTAL BENEFITS
3.01. Health Insurance Programs
Effective July 1, 1990, the city agrees to pay up to a
maximum of $350.00 per month towards the cost of medical
insurance coverage for employees and eligible dependents
provided that employees covered herein participate in
the city-offered medical insurance programs. The cost
of medical insurance coverage will be set at the
beginning of the medical plan year and will be a
"composite" monthly insurance premium derived by
dividing the total monthly insurance premium for all
medical plans offered by the City, except the PERS PORAC
medical plans or any other PERS medical plans, by the
total number of employees enrolled in said medical plans
as of the beginning of the medical plan year. Any extra
payment required under such plans shall be paid by the
employee electing such coverage.
Effective July 1, 1991, the maximum amount up to which
the City agrees to pay towards the cost of medical
insurance coverage will be equal to the highest medical
insurance premium contribution cap established for any
of the city's other barga ining units, excl uding any
premium contribution cap established for the PERS PORAC
medical plans or any other PERS medical plans. The same
terms and conditions outlined in the first paragraph of
this Section will still apply.
Effective July I, 1992, the maximum amount up to which
the City agrees to pay towards the cost of medical
insurance coverage will be equal to the highest medical
insurance premium contribution cap established for any
of the city's other barga ining units, exel uding any
premium contribution cap established for the PERS PORAe
medical plans or any other PERS medical plans. The same
terms and conditions outlined in the first paragraph of
this Section will still apply.
Dental insurance coverage shall be provided at no cost
to the employees and their eligible dependents provided
that employees covered herein participate in the
City-offered dental insurance programs.
Effective upon the first day of the month following
ratification of this Agreement by both parties, the City
agrees to provide vision care insurance, at no cost, to
employees covered herein. The City retains the right to
select the provider and to set the levels of coverage
for said vision care insurance plan. The City also
retains the right to change the provider of said vision
- 18 -
insurance plan and/or the level of benefits provided
under the plan without meeting and conferring.
3.02. Retirement
The City is a contract member of the Public Employees'
Retirement system (PERS), and it is understood and
agreed that such membership will be maintained and that
employee eligibility, classification, contributions, and
benefits are as prescribed in the contract between the
city and PERS heretofore approved by the Santa Monica
city council.
The City shall pay, in behalf of each employee covered
by this Agreement, an amount equal to 100% of the
individual employee's share of the required retirement
contributions to PERS (Le., 7% of the employee's
compensation as defined by law).
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall
be changed or deemed to have been changed by reason of
such payments: as a result, the city will not treat
these payments as ordinary income and thus will not
withhold Federal or State income and thus will not
withhold Federal or State income tax therefrom. The
city's practice will be to report these payments as
being those of the employees so that they will be
credited to the particular employee's individual account
with PERS and upon termination will belong to the
employee.
It is agreed that if state and/or Federal procedures
require reporting of these payments in any other manner,
the parties will abide by such requirements.
3.03. Tuition Reimbursement
It is agreed that the City will budget annually an
amount equal to $10 per permanent full-time employee in
the appropriate unit for tuition and required study
material reimbursement for career improvement study
approved by authorized management officials.
Reimbursement shall equal the total cost of tuition
(exclusive of lodging and meals) and the total cost of
required study materials, provided however, that:
A. Enrollment in the career improvement study course
shall be approved in advance by an authorized
management official:
- 19 -
B. The study course must be directed to qualification
for an employment position represented in the city
work force, or to enhancement of current job
performance;
c. The employee must exhibit some reasonable
expectation of qualifying for such position upon
successful completion of the study course~
D. Reimbursement shall be made only in installments
upon successful completion of prescribed units of
study required by study course approved~
E. In no event shall the City'S reimbursement be
reduced when there is an outside source of aid
except in those cases where the aid from the
outside source(s) plus the normal City
reimbursement exceeds the cost of tuition and
study material for the approved study course;
F. If approved tuition reimbursement costs exceed the
budgeted amount as described above, the reimbursed
costs will be prorated so as not to exceed the
budgeted amount~ and
G. The maximum annual amount of reimbursement per
individual employee shall not exceed $500.00.
3.04 Deferred Compensation
It is hereby agreed that employees covered herein will
be offered participation in the City'S deferred
compensation plan.
3.05. Uniform Allowance
A. Each regular full-time or permanent and continuing
part-time employee covered by the provisions of
this MOU, except Animal Control Officers, if
required to wear a uniform and such uniform is not
furnished by the City, shall receive a monthly
uniform allowance of $25.00 and shall provide and
wear at all times while on duty the uniform
prescribed by their respective department heads.
B. Animal Control Officers shall receive a monthly
uniform allowance of $40.00.
c. The City shall furnish and maintain coveralls to
those employees that are required to do work that
may cause damage to their personal clothing.
- 20 -
D. Except for those employees receiving a uniform
allowance as provided in A and B above, the city
shall provide and maintain at least nine (9) sets
of any required uniform and employees shall be
required to wear such uniforms at all times while
on duty.
E. If an employee is required by the city to wear
safety shoes, the city will provide not less than
one pair of safety shoes annually with said safety
shoes to be supplied by a City-designated vendor.
3.06 Tool Allowance
Employees occupying the line-item job classifications of
Mechanic, Welder Fabricator, Transportation Mechanic,
Mechanic Assistant, Transportation Mechanic Assistant,
Mechanical Maintenance Painter, Carpenter, Electrician
and Plumber may be reimbursed for tools required, as
determined by the City, for work performed for the City
up to a maximum $300.00 per calendar year.
Reimbursement will be made after the employee submits
necessary receipts to his/her supervisor and the
supervisor approves the reimbursement by requesting a
warrant for payment. If the City provides the employee
with all of the tools required to perform his/her job,
the employee will not be eligible to receive a tool
allowance.
In the event that mechanics' personal tools and tool
boxes which are required to perform their job duties are
destroyed by earthquake or fire at the job site, the
City agrees to replace such items. In order for this to
occur, the employee requesting such reimbursement must
have on file in his/her supervisor's office a current
inventory of his/her tools and tool box which are at the
work site. The employee is responsible to providing
hiS/her supervisor with an up-to-date inventory of
his/her personal tools and only those tools, on a tool
for tool and on a brand for brand basis, will be subject
to replacement by the city under the provisions of this
Section.
3.07. Mileage Reimbursement and Energy Conservation
Reimbursement to employees for authorized use of
. personal automobiles on City business shall be at the
rate established by the City Council.
Santa Monica Municipal Bus Line tokens, to a maximum of
twenty (20) tokens per month, will be provided to any
employee covered hereunder who submits, on the City
- 21 -
mileage reimbursement form, a record of his/her trips
(home to worksite, or worksite to home) during the
preceding month. The Santa Monica Municipal Bus Line
route number and the bus number used for each trip must
be entered on the reimbursement form.
Any employee entitled to a City parking pass, who has
not been issued a City parking pass, or who voluntarily
turns in his/her parking pass, shall be eligible to
receive forty (40) tokens per month under the terms
described above.
3.08 state Disability Insurance
Employees covered herein are provided with state
Disability Insurance (SOl), pursuant to Unemployment
Insurance Code section 710.5, at the Ci ty' s expense,
with no integration of sick leave.
3.09. Si~k Leave Buy Back
Current employees shall make a selection of option as
described below no later than September I, 1986; future
hires shall make their selection at the time they first
become eligible to select payoff.
Employees covered herein have two optional sick leave
programs to choose from. Because the choice is one-time
and irrevocable, employees should carefully consider
their long and short term needs in arriving at a choice.
The two programs are as follows:
A. Program I - the employee has the annual option to be
paid for certain unused siCk leave on the terms
noted below or to "bankll unused sick leave to a
maximum accumulation of one-hundred-thirty (130)
days.
Payment shall be calculated on the basis of the
employee's base salary -- excluding any special
assignment or bonus pay -- for the fiscal year
during which the sick leave was earned but not
used. To qualify I the employee must be on the
payroll as of June 30 of that fiscal year. Further
the employee must have a sick leave "bank" of 12
days. (For the purposes of this section.. "bank"
shall mean sick leave earned in prior years and
brought forward from the prior fiscal year at the
beginning of the fiscal year during which payable
sick leave is earned.)
Annual sick leave payoffs under this section for
employees with less than ten (10) years of service,
shall be made according to the following schedule:
- 22 -
sick Leave Days Used Sick Leave Days Payable
In the Fiscal Year At Fiscal Year End
0 6
1 5
2 4
3 3
4 2
5 1
6 or more 0
Annual sick leave payoffs under this section for
employees with ten (10) or more years of service
shall be made according to the following schedule:
Sick Leave Days Used Sick Leave Days Payable
In the Fiscal Year At Fiscal Year End
0 12
1 11
2 10
3 9
4 8
5 7
6 6
7 5
8 4
9 3
10 2
11 1
12 or more 0
It is mutually acknowledged by the parties that the
use of Code 40 or other time off not appropriately
scheduled in advance will disqualify an employee
from eligibility for payment under this section.
There will be an exception to this MOU provision for
employees covered hereunder who work a compressed
work schedule. Employees assigned to work a
compressed work schedule will be allowed to use Code
40 or other paid leave time, inCluding vacation
leave, compensatory time, floating holiday or
personal leave, to supplement the eight (8) hours of
paid sick leave in order to receive a full day's pay
for a sick day. The use of Code 40 or other paid
leave time in this manner by an employee assigned to
a compressed work schedule will not disqualify the
employee from being eligible for sick leave buy
back.
SiCk leave for which payoff is received shall be
considered "usedll in that it will not be added to
- 23 -
the "bank" (or if added to the "bank" prior to the
payoff date shall be removed from the "bank").
The first such payment shall occur in July 1987, for
sick leave earned but not used during fiscal year
1986-87.
B. Program II - The employee has no option for pay for
unused sick leave and "banks" unused sick leave
with no limit or maximum accumulation.
- 24 -
ARTICLE IV: LEAVES
4.01 Paid Holidays
Employees covered herein shall receive paid holidays as
hereinafter provided:
New Year's Day (January 1)
Martin Luther King's Birthday (Third Monday in
January)
Lincoln's Birthday (February 12)
Washington's Birthday (Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4)
Labor Day (First Monday in September)
Thanksgiving Day (Fourth Thursday in November)
The Friday following Thanksgiving Day
The half-day immediately before Christmas Day
Christmas Day (December 25)
The half-day immediately before New Year's Day
One (1) floating holiday
All other holidays declared by the City council
A paid holiday shall mean eight (8) hours' pay at the
employee's straight-time base salary rate of pay.
A floating holiday becomes available at the beginning of
each fiscal year and must be taken before the end of that
fiscal year. A floating holiday not taken by the end of
the fiscal year shall be paid to the employee.
Employees in departments or divisions currently observing
different holiday schedules shall, in lieu of the
holidays listed above, receive holidays enjoyed by other
operating employees in that particular department or
division, provided ho,...ever that the same number of
holidays (twelve) shall be observed.
Whenever any day listed herein as a paid holiday falls
upon the first or second day off of any employee who has
two (2 ) consecutive days off, the day preceding shall be
deemed the holiday if it falls on the first day off, and
the day following shall be deemed the holiday if it falls
on the second day off in lieu of the day listed.
Whenever any day listed herein as a paid holiday falls
upon the first, second or third day off of any employee
who has three (3 ) consecutive days off, the day preceding
shall be deemed the holiday if it falls on the first day
off, the day following the third day off shall be deemed
- 25 -
the holiday if it falls on the second or third day off in
lieu of the day listed.
Whenever any day listed herein as paid holiday falls upon
any day off of an employee who does not have two (2)
consecutive days off, the following day shall be deemed
the holiday for such employee.
Time worked on an authorized paid holiday shall be
compensated for at one and one-half (1-1/2) times the
hourly rate equivalent of the monthly salary for the time
worked up to and including the number of hours the
employee normally works on any work or duty day. Such
time worked in excess of the hours of the employee's
normal work or duty day, except part-time permanent
employees, shall be compensated at one and one-half times
the hourly rate equivalent of the monthly salary.
Part-time permanent employees shall be compensated for
such time worked in excess of eight (8) hours at one and
one-half (1-1/2) times the hourly rate equivalent of the
monthly salary.
Whenever any day listed herein as a paid holiday falls
upon any day other than Saturday or Sunday when a CIty
facility (including department, division or work unit) is
already scheduled to be closed to the public because of
the adoption of a compressed work schedule, employees who
work at said City facility will receive a floating
holiday in lieu of the day listed as the paid holiday.
This floating holiday cannot be accrued and carried over
to the next fiscal year# and the floating holiday cannot
be cashed out at the end of the fiscal year. This
floating holiday must be taken by the end of the fiscal
year in which it is granted to the employee or be
forfeited.
Employees of the Refuse and Transportation Maintenance
Divisions will be scheduled off duty on recognized
holidays listed above whenever operational staffing needs
allow. As many employees as possible will be scheduled
off duty and volunteers and as-needed employees will be
used to the extent that they have the required skills,
but regular employees may be required to work on holidays
to meet the service needs of the public.
Employees of the Refuse Division who are required to work
on holidays listed above shall be paid according to the
applicable overtime provision or have the option of (1)
requesting an alternative a-hour day off within the pay
period, or (2) banking the day for use or payoff before
the end of the fiscal year. The approval of a specific
alternative day off shall be at the discretion of the
division superintendent.
If an employee is scheduled to work on a holiday and
fails or refuses to appear for duty, or calls in sick and
- 26 -
cannot verify the illness with the appropriate medical
documentation, he/she will forfeit any compensation for
the day, including holiday pay, sick leave pay, or other
compensation.
The floating holiday is accrued by employees on pay
status on July 1 of each fiscal year. Employees who are
hired after July 1 will not be eligible to receive a
floating holiday until the next July 1. If the floating
holiday is not taken during the fiscal year in which it
is accrued, it shall be paid off in July of the new
fiscal year at the rate in effect at the end of the prior
fiscal year.
4.02 Vacation Leave
Each employee occupying a regularly authorized line-item
position or a permanent and continuing part-time position
in any job classification covered herein shall accrue
vacation leave with pay on the following basis:
A. Following completion of the 1st six calendar months
of continuous service, 6 working days.
B. Thereafter, up to and including 5 completed years of
service, 1 working day for each completed calendar
month of service.
c. Upon completion of 5 years of service and up to 10
completed years of service, 1.25 working days for
each completed calendar month of service.
D. Upon completion of 10 years of service and up to 15
completed years of service, 1. 5 working days for
each completed calendar month of service.
E. Upon completion of 15 years of service and
thereafter, 1.75 working days for each completed
calendar month of service.
F. A completed calendar month for which benefits herein
shall accrue is defined as a calendar month in which
the employee has been in pay status for 11 or more
working days in that month.
G. The administration or application of vacation leave
provisions and the limitations on the accumulations,
proportionate accumulation, scheduling and payment
for such leave shall be as prescribed in the civil
service provisions of the Santa Monica Municipal
Code.
- 27 -
4.03 Sick Leave
A. sick leave shall be defined as follows:
(1) Absence from duty because of illness or
off-the-job injury, or exposure to contagious
disease as evidenced by certification from an
accepted medical authority; or
(2 ) Absence from duty because of illness of
dependent family members~ or
B. Each incumbent of a line-item position shall accrue
sick leave with pay on the following basis:
(1) Following completion of six (6) calendar months
of continuous service, six (6) working days.
Thereafter, one working day for each completed
calendar month of service.
(2) A completed cal endar month for which benefits
herein shall accrue is defined as a calendar
month in which the employee has been in pay
status for eleven ( 11) or more working days in
that month.
(3) For all employees, sick leave shall begin with
the 1st day of illness.
(4) The foregoing benefits are cumulative subject
to the following restrictions:
(a) Accrual of sick leave shall be limited to
one hundred-thirty ( 13 0) working days,
unless the employee has selected Program
II, as described in section 3.09.B, above.
(b) No employee who as of July 1, 1986 has
currently accrued a sick leave bank in
excess of one hundred (130) working days
shall be subject to this limit unless and
until that "bank" drops below one
hundred-thirty (130) working days.
Employees who selected program I} as
described in Section 3.09.A., above, and
who have a sick leave bank in excess of
one hundred-thirty (130) days shall have
no additional accruals added to his/her
"bank" until said "bank" falls below one
hundred-thirty (130) days.
(5) Full-time employment, for the purpose of this
section shall be construed as the forty (40)
hour week regardless of the hours actually
worked in a calendar week. A line-item
position incumbent employed less than forty
- 28 -
(40) hours per week shall accrue sick leave in
proportion of the sick leave for full-time
employment as the number of hours per week
budgeted in that position bears to the forty
(40) hour week.
(6) Department heads shall be responsible to the
city Manager for the uses of sick leave.
Department heads shall require proof of illness
from an authorized medical authority for sick
leave in excess of five (5) consecutive working
days and may require such proof for periods of
less than five (5) consecutive working days.
(7) The Director of Personnel shall devise the
standardized forms and procedures for the
maintenance of sick leave records.
(8) The right to benefits under the sick leave plan
shall continue only during the period that the
employee is employed by the city. This pI an
shall not give any employee the right to be
retained in the services of the City, or any
right of claim to sickness disability benefits
after separation from the service of the City.
(9) Notwithstanding anything contained in this
section, no employee shall be entitled to
receive any payment or other compensation from
the City while absent from duty by reason of
injuries or disability received as a result of
engaging in employment other than employment by
the City for monetary gain or other
compensation, or by reason of engaging in
business or activity for monetary gain or other
compensation than business or activity
connected with City employment.
(10) Any employee who is absent because of sickness
or other physical disability shall notify
his/her department head or other immediate
superior officer as soon as possible but in any
event, according to the rules of his/her
department.
(11) If the employee's absence on sick leave exceeds
thirty (30) calendar days, employee must submit
a statement and medical certificate on an
official City form prior to being granted
reinstatement to City service.
(12) At the written request of the appointing
authori ty, the Personnel Director may require
an employee to submit to an examination by the
City's medical examiner, and if the results of
the examination indicate that the employee is
- 29 -
unable to perform his/her duties or in the
performance of his duties exposes others to
infection, the employee shall be placed on sick
leave without privilege of reinstatement, until
adequate medical evidence is submitted that the
employee is competent to perform his/her
duties, or will not sUbject others to
infection. Any employee so examined shall have
the right to submit the reports of a competent
medical authority of his/her own selection, and
at his/her own expense, in addition to the
report submitted by the city medical examiner.
In the event of a conflict of opinion and/or
recommendations of the two examiners, a third
examiner shall be selected by the first two
examiners, and a final decision shall be made
by the Personnel Board based on three reports.
4.04 Leave of Absence Without Pay
An employee may be granted a leave of absence without pay
upon application approved by the department head and the
City Manager. Such leave may not exceed one year's time.
upon expiration of the leave, the employee shall be
reinstated to the position held before the leave was
granted. Such leave shall be granted only in those cases
where an employee's record of service and qualifications
make it desirable for the city to retain the employee's
services even at the cost of some inconvenience to the
city.
4.05 Military Leave
An employee with a permanent civil service status, 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 national conscription act is
in effect I is inducted into the armed forces of the
united states or who leaves employment with the City to
enter voluntarily the armed forces and within a
reasonable time after leaving employment with the City
does enter such service, shall be granted a leave of
absence without pay for the duration of the period of
active service with such armed forces. If such employee
receives an honorable discharge or its equivalent and the
position still exists and the employee otherwise is
qualified to fill the same, the employee shall have right
to return to the position with the City within 6 months
after the termination of such active service but shall
not have a right to so return later than 6 months after
the end of the war or after the time the President or
Congress proclaims the national emergency is terminated,
- 30 -
or after the expiration of the national conscription act.
Such an employee shall receive seniority and other
credi ts on the same basis as though the employee had
remained in the ci ty service and had not taken such
military leave. Leaves of absence with pay for temporary
military duty shall be granted in accordance with
applicable state law.
4.06 Worker's compensation Leave
A. An employee who is receiving disability payments
under the Workers' Compensation Act of california
shall receive the difference between the disability
payments under the Workers f Compensation Act and
full salary during the first 60 days of such
disability absence; the first two (2) days of this
period of 60 days shall be without salary except
that payments shall be made in accordance with
requirements of the state of California Workers'
Compensation Act.
B. When an employee receives compensation under the
Workers' Compensation Act of California, such
compensation received shall be considered part of
the salary to be paid to the employee under the
provisions of this section.
4.07 Jury Duty
Any line-item employee covered herein, when duly called
to serve on any jury and when unable to be excused
therefrom, shall receive the regular base compensation
less all jury fees received excluding mileage for the
time required to be spent under the jurisdiction of the
court. Each employee receiving a notice to report for
jury service shall immediately notify his/her immediate
supervisor.
Whenever daily jury duty SChedUling permits, employees
shall return to their regular daily job assignment to
complete their regular daily work hours.
Proof of jury service may be required before compensation
will be made under this section.
4.08 Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child who requires
constant parental supervision, shall be entitled to a
- 31 -
leave of absence totaling four months immediately
following the child I s birth or adoption and shall be
returned to the same job classification occupied prior to
the leave upon its expiration. Paid vacation leave or
sick leave, if applicable, as well as unpaid leave shall
be counted toward the four month total. Paid sick leave
can be used only if the requirements of Section 4.03
(sick Leave) of this MOU or Section 2104I (Sick Leave) of
the Santa Monica Municipal Code are met. Additional
leave may be requested under the provisions of this MOU
governing leaves of absence without pay (Section 4.04).
Primary responsibility may be established by providing
documentation that the employee I s spouse is medically
incapacitated: or that the spouse is gainfully employed
during the hours the employee is normally scheduled to
work and no schedule change for the employee or spouse is
possible: or by demonstrating other extraordinary
circumstances such as the adoption of a disabled child
who requires constant parental supervision.
Maternity leave is not the same as parental leave and
shall be administered in accordance with state and
Federal law.
4.09 Personal Leave
Two (2) days of leave each fiscal year may be used for
personal matters. This leave shall be charged against
accrued sick leave. This leave shall be granted in units
of not less than two (2) hours, and only if the accrued
sick leave is available. This leave shall not be
accruable from year to year if not used in any given
fiscal year, nor shall the employee be compensated for
unused personal leave days chargeable to sick leave at
the end of the fiscal year.
In addition, two (2) days of leave each fiscal year may
be used for personal matters, with said leave not to be
charged against accrued sick leave. This leave shall be
granted in units of not less than one-half (1/2) of the
number of hours that would constitute the employee I s
regularly scheduled work day. For example, if the
employee I s regularly scheduled work day is eight (8)
hours in length, said leave shall be granted in units of
not less than four (4) hours. The only exception to this
would be the use of personal leave hours to supplement
holiday hours or sick leave hours for a given holiday or
sick leave day in order to receive the total number of
hours that the employee would have been regularly
scheduled to work that day. For example, if the employee
is normally scheduled to work a ten (10) hour day, the
employee can use two (2) hours of personal leave time to
supplement the eight (8) hours of holiday payor eight
- 32 -
(8) hours of sick leave pay for the holiday or the sick
day.
Scheduling of days off shall be done with prior approval
of the employee's supervisor, providing that requests for
time off shall not be unreasonably denied. Denials of
time-off shall be in writing and shall state the
reason(s) for the denial and shall propose alternate
date(s) or make a request for a different day off. The
employee shall not unreasonably refuse to agree to
proposed alternate date(s). The employee shall have the
right to challenge the denial of time off through the
grievance procedure outlined in section 6.07 of this
Agreement.
Unused personal leave days that are not charged to sick
leave shall not be accruable from year to year if not
used in any given fiscal year, nor shall the employee be
compensated for unused personal leave days at the end of
the fiscal year unless the supervisor and the employee
could not agree upon the scheduling of said leave days
during the fiscal year. If an employee has been unable
to use said personal leave days as a result of leave
being denied by the employee's supervisor, the Department
Head shall certify same by letter accompanying the final
timecard of the fiscal year, and the employee shall be
paid the straight time value of the unused personal leave
time at the employee's base rate.
4.10. Bereavement Leave
Bereavement leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate family,
meaning spouse, child, brother, sister, parent, parent-
in-law, son-in-law, daughter-in-law, step-parent, step-
brother, step-sister, grandparent or grandchild. In
addition, bereavement leave of not more than five (5)
working days with pay shall be provided for absence from
duty due to the death of any member of the employee I s
household.
- 33 -
ARTICLE V: WORKING CONDITIONS
5.01 safety and Loss Prevention
The city shall provide a reasonably safe and healthy
working environment in accordance with applicable state
and Federal laws and regulations. The employee
organization agrees that where safety devices or items of
protective equipment are required or furnished, their use
shall be mandatory.
Both parties to this Mau agree to fully support the
City's RiSk Control policy. Said policy sets forth the
city's commitment to maintaining a safe and healthy work
environment, to preventing accidents and injuries and
minimizing risk and loss wherever possible. Said policy
outlines the safety responsibilities of the City, City
managers and supervisors, and City employees.
5.02 Effect of Job Performance on Salary
The City Manager, in exceptional cases, based upon
specific appraisal of the importance and difficulty of
the work and the experience and ability of the person to
be employed, or of the incumbent, may authorize entrance
salaries higher than the minimum, and special increases
above the amount prescribed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any provision contained herein, there
will be no increase in wages of any kind as a result of
an NOT ACCEPTABLE rating on the employee's prescribed
periodic performance rating. There will be no subsequent
increases in wages until the NOT ACCEPTABLE has been
improved to at least the SATISFACTORY level. If overall
performance is rated NOT ACCEPTABLE, an employee may be
dismissed from service, and if two consecutive
performance ratings are marked NOT ACCEPTABLE, said
employee shall be dismissed by appointing authority for
inefficiency (SMMC Section 2104Al). Any overall rating
in the BELOW SATISFACTORY category may delay the next
scheduled salary increase at the discretion of the
appointing authority. Such action shall remain in effect
until the overall rating has been improved to at least
the SATISFACTORY level.
- 34 -
5.03 Layoffs
Employees may be separated from employment for an
indefinite period of time by the City because of lack of
work, lack of funds, abolition of position, or other
similar causes, providing however, that the Union shall
be given thirty (30) days advanced written notice of any
such action. Such action is designated as a layoff, and
shall entitle the laid-off employee to be placed on the
re-employment list for his Job classificationA Layoffs
shall be governed by seniority in service within a
particular department, and within a particular job
classification: that is, an employee being laid off shall
be that employee with the lowest seniority in the
particular job classification involved. Re-employment
from layoffs in a particular department shall be in the
reverse order in which the layoffs occurred in that
department. Any position may be abolished by the city
council and should such an abolished position be
reinstated, or any posi tion involving substantially the
same duties be created or filled within one year, the
laid-off employee shall be entitled to re-employment in
accordance with the rules governing layoffs.
If there is a class of positions of lower rank, and in
the same promotional line as the class of positions from
which layoff is made, the appointing authority shall
demote the employee scheduled for layoff to a position in
such lower ranking class of positions. The employee with
the lowest seniority occupying such lower ranking
position may in turn be laid off or demoted in the same
manner, to the end that the last person employed in the
lowest ranking class of positions may be the person laid
off.
5.04 Work By Supervisors
Employees covered by this MOU may 1 from time to time /
have the opportunity to work in higher paying job
assignments as referenced in Article II, 9 hereof. To
the extent that supervisors may perform work which could
ordinarily be performed by employees in the job
classifications covered by this MOU, the City reserves
the right to have supervisors perform such work whenever
the duration of the assignment does not warrant the
reassignment of personnel, during an emergency, or when a
qualified employee is unavailable. The union recognizes
that crew leaders and lead workers are, by nature,
working supervisors / and that periodic assignments of
these employees does not constitute any violation of any
provision of this MOV. The City is not obligated to
reassign employees except as the City may determine to be
appropriate.
- 35 -
5.05. Wash-up Period
The parties agree that employees covered by this MOU who
perform physical manual labor shall have a period of time
before the end of their shift to wash -up and/or change
clothes. Therefore, each said employee shall be entitled
to fifteen (15) minutes immediately before the end of
each shift for that sole purpose.
No employee covered herein shall stop work prior to the
last fifteen (15) minutes of his/her work shift, and no
employee will be entitled to such fifteen (15) minute
wash-up time if wash-up and change of clothes is not
necessary.
5.06 Subcontracting
The city agrees that it will notify the Union and meet
and confer on any known or anticipated layoff, demotion,
reclassification or involuntary transfer of unit members
resulting from a decision to subcontract work ordinarily
performed by members of the bargaining unit. The Union
agrees that the decision to subcontract any work shall be
the exclusive right of the city.
5.07. Employee Parking
It is hereby agreed that the city will make every effort
to maintain free parking as it presently exists for City
employees at City facilities. The employees covered by
this Agreement recognize that the city must comply with
Regulation XV issued by the Air Quality Management
District (AQMD) and the city's Transportation Management
Plan Ordinance. If the use of positive incentives does
not result in the City meeting the compliance
requirements of AQMD's Regulation XV or the City's
Transportation Management Plan Ordinance within one (1)
year of the effective date of this Agreement, it is
understood that the City can implement a charge for
employee parking in an effort to meet those requirements.
In addition, if it should become necessary to charge for
parking during the term of this Agreement in order to
comply with any other state or Federal requirements
regarding transportation management, the City can
implement said Charge. However, in no event shall the
City implement such a charge for parking without meeting
and conferring with CLOCEA should any employee(s)
represented by CLOCEA be subject to such a charge.
- 36 -
5.08. Work Schedule
In those cases where a permanent employee desires to
modify his/her work schedule to accommodate specific work
schedule needs of the employee (e.g., dependent care
arrangements) that do not fall within the normal work
schedule established for the employee's position, the
employee shall submit a request for a work schedule
modification to his/her Department Head. As long as the
operational needs of the Department and the city will
still be met, upon approval of the Department Head, the
employee's request shall be approved. If it should be
later determined that the operational needs of the
Department and the City can no longer be met with the
employee's modified work schedule, the employee shall
receive at least thirty (30 ) days' notice that his/her
modified work schedule can no longer be continued. In
the event that the employee cannot change his/her outside
scheduling needs to fit within the regular work schedule
established for his/her position, the City will make
every reasonable effort to place said employee in another
like position where the employee's specific scheduling
needs can be accommodated. While nothing in this Section
requires that the employee's modified work schedule be
granted or that the employee be transferred to a like
position to meet the employee's outside scheduling needs,
requests shall not be unreasonably denied.
If an employee's request for a modified work schedule is
denied and if the employee does not agree with the
decision that has been reached, the employee can grieve
such decision under Section 6.07 (Grievance and Complaint
Policy) of this Agreement. Failure to successfully
transfer an employee under this section will not be
grievable.
- 37 -
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01 Payroll Deductions
It is mutually understood and agreed that the city will,
subject to the provisions of this Agreement, deduct
monthly and remit to the office or officer designated in
the employee payroll deduction authorization recognized
employee organization dues, credit union investments or
payments, health and hospitalization insurance premiums,
and life and accident insurance premiums. Any or all of
such payroll deductions are subject to termination by the
city Manager upon twenty-four (24 ) hours notice for
failure to comply with the provisions of this Agreement.
6.02 Reasonable Notice
It is mutually understood and agreed that a copy (via the
United States Postal Service) of the city council and/or
Personnel Board agenda for each meeting mailed to the
authorized representative of the recognized employee
organization shall constitute reasonable written notice,
and notice of an opportunity to meet with such agencies,
on all matters within the scope of representation upon
whiCh the City Councilor Personnel Board may act.
6.03. Union Security
A. Maintenance of Membership
Employee payroll deduction authorizations for the
union dues shall be voluntary on the part of the
employee but shall not be subject to unilateral
cancellation by the employee during the term of this
MOU.
All employees who are members of the union at thirty
(30) days following ratification of this MOU by the
City Council, or who shall thereafter become
members, shall obligate themselves to pay dues to
the Union for the life of this MOU and hereby
authorize the City to deduct said dues for the term
of this MOU.
- 38 -
B. Agency Shop
At such time as the C.L.O.C.E.A., S.E.I.U.,
demonstrates that it has 70% membership (based on
the number of dues paying members in comparison to
the number of filled C.L.O.C.E.A positions), the
Ci ty agrees to grant C. L. O. C. E. A., 5 . E. 1. U., an
Agency Shop provision. At such time as the Agency
Shop provision becomes effective, this MOU shall be
amended to contain the provisions in Exhibit B, and
Exhibit B shall be in effect in lieu of paragraphs A
and B, herein.
c. C.L.O.C.E.A., S.E.I.U., agrees to and shall
indemnify and hold harmless the City of Santa
Monica, its Council, boards, commissions, officers,
agents, servants, and employees from and against any
and all loss, damages, liability, claims, suits,
costs and expenses, whatsoever, including reasonable
attorneys I fees, regardless of the merit or outcome
of any such claim or suit, arising from or in any
manner connected with the operation of this
provision.
6.04. Union Visitation and Shop stewards' Rights
Duly authorized representatives of the Union, after
receiving prior consent of the department head, shall
have the right to contact employees at work during rest
or other scheduled non-work periods with respect to the
investigation of grievances, regarding the interpretation
or application of this Agreement, the City of Santa
Monica Municipal Code as it relates to personnel matters,
personnel resolutions and regulations, and/or salary
schedule. It is understood and agreed that such contacts
by the Union will be limited to complaint investigation
and grievance processing and shall not include
solicitation of Union membership, collection of dues, or
the conduct of other Union business. It is further
agreed that such contacts shall not interfere with the
regular performance of work by employees.
The Union shall designate its authorized representatives
pursuant to this provision by sending the city Manager a
written list containing the names of authorized Union
representatives. The union reserves the right to change
said written designations from time to time by submitting
written amendments to the City Manager showing other
authorized representatives.
The Union shall have the right to select and designate
employee members who shall be Shop Stewards who may
attend scheduled meetings with the city Manager or his
- 39 -
-..
designated representative on subjects within the scope of
representation during working hours, except that no more
than the number of employees authorized by Ordinance NO.
801 (CCS) shall be compensated for such time. The
selection of such shop stewards and their attendance at
meetings during their regular work hours shall be subject
to the following:
A. No Shop steward shall leave his duty or work station
or assignment without specific approval of an
authorized department management official.
B. In scheduling meetings due consideration shall be
given to the operating needs and work schedules of
the department in which the Shop Steward is
employed.
C. Shop Stewards or alternate stewards of the Union
once selected and named to attend meetings, shall
not be substituted except with written approval of
the city Manager or authorized city management
official.
D. One shop steward may attend any disciplinary meeting
involving a member, provided that said member
requests his/her attendance and he/she informs
his/her supervisor in advance. The shop steward
shall be allowed this privilege without loss of pay
and regardless of whether a C.L.O.C.E.A. labor
official is also present.
E. Meetings may be schedUled before and after regular
duty or work hours and the city shall not be
obligated to pay any employee for attending meetings
held outside the employee's normal working hours.
F. The Union shall have the right to select and
designate one Chief Shop Steward from amongst the
permissible number of shop stewards. Employees and
Shop Stewards shall have the right to contact the
Chief Shop Steward and may meet to discuss specific
grievances or other specific questions involving
this Agreement, in accordance with sections A and B
above. Duly authorized representatives of the Union
and Union stewards designated under this provision
shall adhere to all City rules of conduct, safety
and/or security.
G. It is agreed that neither the Union nor the City
shall discriminate against any employee because of
Union membership or non-membership.
The city agrees to establish a total aggregate bank not
to exceed forty (40) hours annually to be used by Shop
Stewards for the purpose of conducting union business.
All absences for union business must be approved in
- 40 -
"-
--
advance by the appointing authority, or designee. All
such absences must be requested per the appropriate
written form suppl ied by the Personnel Department. All
such time off shall be reported by the Shop Steward(s)
receiving the time off to the Personnel Director for
accounting purposes.
6.05 Organization Business Affairs
Business affairs of the recognized employee organization
shall not be conducted by employees during their duty
hours except by special permission of the city Manager in
instances involving the mutual benefit of the
organization and the city. The organization may meet in
a City facility when such facilities are available and
such use has been approved by the city Manager or an
authorized departmental management official. Such
meetings shall be limited to one per calendar quarter.
City authorization shall not unreasonably be withheld.
6.06 Bulletin Board Literature Distribution
A reasonable number of bulletin boards will be agreed
upon, on which the recognized employee organization may
post only notices of recreational and social affairs,
notices of meetings or health and welfare matters, or
elections and appointments and results of elections. The
posting of any other classes of notices or the
distribution of any written or printed notices, cards,
pamphlets or literature of any kind at city work stations
or premises is prohibited without the prior written
permission of the City Manager or an authorized
departmental management official.
6.07 Grievance and Complaint Policy
A grievance is a complaint by one or more employees
concerning the application or interpretation of the MOU,
ordinances, resolutions} policies, practices or
procedures affecting the employee's wages, hours and/or
working conditions, provided, however, that grievances
regarding disciplinary actions must be lodged by the
employee being disciplined and that appeals arising from
suspensions, demotions and removals shall be subject to
the procedures outlined in section 2106B (Grievances
Involving Removals, Demotions, or suspensions) at seg:. of
the Santa Monica Municipal Code, and that complaints
regarding Performance Evaluations shall be subject to the
procedures contained in section 2104A (Efficiency
Ratings) of the Municipal Code.
- 41 -
step 1. The aggrieved employee(s) shall meet with the
immediate supervisor regarding the grievance.
This meeting shall occur within twenty-one (21)
days of the event giving rise to the grievance.
This meeting shall be informal, with the intent
of the meeting to resolve the grievance of the
employee(s) prior to it becoming a formal
written grievance.
step 2. If the grievance is not resolved at step 1, the
aggrieved employee(s) may submit their
grievance to the appropriate division head.
The grievance must be in writing, specifically
citing the MOU provision, ordinance, resolution,
rule, policy, practice or procedure that is the
subject of the grievance and the circumstances
giving rise to the grievance and must be
submi tted wi thin seven (7) days following the
informal discussion with the supervisor (step
1) . The division head shall respond to the
aggrieved employee (s) in writing within seven
(7) days of receiving the written grievance
from the employee(s).
step 3. If the grievance is not resolved at step 2, the
aggrieved employee(s) may, within seven (7)
days of receiving the division head1s response,
appeal to the department head. The department
head shall, within seven (7) days of receiving
the grievance, meet with the employee (s) and
the employeets representative to attempt to
resolve the grievance. The department head
shall provide a written response to the
aggrieved employee(s) within seven (7) days of
that meeting.
step 4. If the grievance is not resolved at Step 3, the
employee may, wi thin seven (7) days of
recei v ing the department head's response,
appeal to the Personnel Director, who will
investigate the grievance and make
recommendations to the City Manager, whose
decision shall be final. The decision of the
City Manager shall be issued no later than the
end of the thirtieth (30th) day following
presentation of the grievance to the Personnel
Director.
It is mutually understood and agreed that:
A. All time periods in this section may be extended by
mutual consent of the employee and the management
representative involved.
B. A grievance shall be considered untimely if not
presented by the employee or the Union within
- 42 -
twenty-one (21) days of the incident giving rise to
the grievance or within twenty-one (21) days of its
effect upon the employee in those instances where it
is shown that the employee could not reasonably have
known of the grievable action.
C. Failure on the part of the aggrieved employee(s) to
meet the time requirements specified at any step in
the grievance procedure contained herein shall
result in the immediate denial of the grievance with
no further right of appeal.
D. Employees shall have the right to be represented in
grievance matters in the following manner:
1. Employees shall have the right to represent
themselves individually in grievance matters.
2. Employees may designate. a member of the
department to represent them in grievance
matters at steps 1 and 2 of the grievance
process.
3. Employees may designate a member of the
Department, a Union representative, or a legal
representative to represent them in steps 3 and
4 of the procedure.
4. For the purposes of this section, "days",
except where otherwise specified, shall mean
calendar days.
D. An employee who has initiated a grievance, or
assisted another employee in initiating and/or
processing a grievance, shall not in any way be
coerced, intimidated or discriminated against.
6.08 Annual Meetings
For the purpose of keeping open lines of communications,
the City's representatives will meet with the Union Shop
Stewards once per year. This meeting will be held to
discuss items of mutual concern and information and shall
not be used to meet and confer over additional benefits
or changes to this MOU.
6.09. Joint Labor-Management Committee
A joint labor-management committee shall be established
for the purpose of discussing employer-employee relations
issues that should arise during the term of this
Agreement. This committee will not discuss mandatory
- 43 -
subjects of bargaining and will not make changes to this
Agreement. Instead, this committee will attempt to
resolve any labor-management problems and/or issues that
should arise during the term of this Agreement.
The joint labor-management committee shall be comprised
of the number of representatives allowed C.L.O.C.E.A.
under Ordinance 801 and not more than three (3)
representatives from the City's Personnel Department.
city representatives from other departments may be asked
to attend on an ad hoc basis should issues arise that
need their expertise and/or attention. The Personnel
Director, or his/her designee, shall serve as the
Chairperson of the committee.
This committee shall meet not less than one (1) time per
quarter during the cityts fiscal year, with each meeting
being held during the first month of each quarter.
Meetings can be held more frequently on an as-needed
basis. special meetings will be called by the committee
Chairperson. C.L.O.C.E.A. representatives can request
special meetings by contacting the Chairperson, who will
make a determination as to whether or not a special
meeting is warranted.
- 44 -
EXHIBIT A
CLASSIFICATIONS
Employees occupying line-item positions with the follovling
classification titles are covered by the provisions of this MOD.
Airport Attendant I Mechanic
Airport Attendant II Mechanic Assistant
Airport security Guard Meter Reader
Animal Control Technician Motor Coach Cleaner
Asphalt Crew Leader Motor Sweeper Operator
Carpenter Painter
Carpenter Apprentice Painter Apprentice
Concrete Crew Leader parking Lot Attendant
Concrete Finisher Parking Meter Collector
custodian I Parking Meter Repairer
Custodian II Park Ranger
pier & Harbor Guard
Electrician Pipe fitter
Electrician Helper Plumber
Equipment Operator I Plumber Helper
Equipment Operator II
Equipment Operator III
Event Attendant Radio Technician
Event Attendant III Recycling Crew Leader
Groundskeeper Sanitation Collector
Sanitation Truck Driver
Heavy Equipment Operator Senior Groundskeeper
Heavy Truck Driver Senior Parking Meter
Collector
Irrigation Technician senior Tree Trimmer
Sign Painter
Laborer I Storekeeper
Laborer II
Lead carpenter Traffic Painter
Lead Haz-Mat Technician Transportation Mechanic
Lead Painter Transportation Mechanic
Lead Plumber Assistant
Library Building TeChnician Tree Trimmer
Wastewater Crew Leader
Water Leader
Water Meter Repairer
Welder Fabricator
--