SR-12-A (67)
/2uJ -:fF13/7 (C5
Cln;tr-ar;f- iF 73J1J eos
IZA
SEP - 8 1998
PE:UTU MOU stfrpt 1998-01.bancroft.pms
Council Meeting: September 8, 1998
Santa MOnica, California
TO Mayor and City Council
FROM: City Staff
SUBJECT' Resolution Authorizing the CIty Manager to Execute a Memorandum of
Understanding with the United Transportation Union, Local 1785
INTRODUCTION
ThiS report requests that Council adopt the attached Resolution authorizing the City
Manager to execute a Memorandum of Understanding (MOUI with the United
Transportation Union, Local 1785.
BACKGROUND
The current Memorandum of Understandmg (MOU) with the Unrted TransportatIon
Union, Local 1785 expired on June 30, 1997 As per the terms and conditions of the
expired MOU, negotiations with the United Transportation Unron, Local 1785 to
replace the expIred MOU commenced and resulted In the attached MOU ThiS new
agreement has been ratified by the membership of the Umted Transportation Union,
Local 1785
ThIS agreement provides for a salary adjustment for FY98-99, FY99-00, FYOO-O', and
FY01-02; phases In, over four years, an employer pick-up of the employee contribution
to the Public Employees Retirement System; and makes some other minor economic
and non-economic changes
(2A
SEP - 8 1998
.
BUDGET/FINANCIAL IMPACT
Funds are already Included In the budget for FY98-98 to cover any costs associated
wIth this agreement
RECOMMENDA TION
It IS recommended that Council adopt the attached Resolution authorizing the City
Manager to execute the attached Memorandum of Understanding with the United
Transportation Union, Local 1785
Prepared By: Karen Bancroft
f:~-,: Me-',j stfrpt 199i! 011
--
{CnttrrA.# 7~5o C( sJ
RESOLUTION NO. 9317 CCS
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
UNITED TRANSPORTATION UNION, LOCAL 1785
WHEREAS, the City adminIstration and representatives of the United
Transportation Union, Local 1785 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 lCCS} of the City of
Santa MOnica requires preparation of a written Memorandum of Understandmg
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 Understandmg shall not be blndmg 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 City and the United Transportation Union, Local 1785,
~dd-# 7.$..roca-
( .eso #- '7317 cCV
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
AND
UNITED TRANSPORTATION UNION
LOCAL 1785
TABLE OF CONTENTS
k~TICLE/sECTION NUMBER
ARTICLE I
Section 1 01:
~ 02:
1. 03
1. O~
1 05.
1.06:
1.07:
1.08:
1 09:
1.10:
1.11:
1.12:
1.13'
PAGE #
GENERAL PROVISIONS
Part~es to Memorandum
4
Purpose
4
Term of Agreement 4
C1ty Council Approval 5
Recognlzed Employee Organizatlon. 5
Scope of Representatlon . . . . . . 6
Full Understanding, Mod1flcatlon & Waiver 6
Management R1ghts Reserved. . . . . . 6
Peaceful Performance of City SerVlces 7
Val1dlty of MOU . . . . 8
Capt10ns for Conven1ence. 9
Equal Employment. . 9
Defln1tlons . . . 9
1
1.14.
1.15:
1 16:
ARTICLE II.
Sect~on 2.01:
2.02.
2.03
ARTICLE III.
Sectlon 3 01:
3 02:
3.03:
3 04 .
3.05 :
3.06 .
3.07
3.08.
3.09
3.10
Overpayment Remedy. .
.13
Payments at Terwinat~on
.14
Compensat1on & Benef1ts for Permanent
Part-T1me Employees.
. .14
COMPENSATION
Effect1ve Date of Increase.
.15
Salar~es
.15
Overtlme.
.17
SUPPLEMENTAL BENEFITS
Retirement. 19
Health Insurance Programs .20
Unused Slck Leave Upon Ret1rement .22
Tuition Relmbursement .23
Un1form Allowance .24
Eye Examinations. .25
Motor Coach Operator Trainee Instructlon .25
Bus Passes .25
S P A.B. L~cense.
.26
Deferred Compensatlon
. .26
Sectlon 4.01:
ARTICLE IV. LEAVES
.27
4.02
Pa~d Holidays .
Vacatlon Leave
.28
2
4.03:
4 04:
4.05:
4.06
4.07
4.08:
4.09:
sick Leave
Leave of Absence Wlthout Pay.
M111tary Leave.
Jury Duty . . .
Worker's Compensatlon Leave
Parental Leave.
Famlly Leave
.28
.30
.30
.31
.32
.33
.33
ARTICLE V WORKING CONDITIONS
Sect~on 5 01: Safety.
5.02: As-needed Employees
5 03: Assured Work Schedule
5.04. Slgn-on Tiwe. .
5.05 ACCldent Report Time.
5.06. Employee Parking
.34
.34
.37
.37
.38
.39
ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
Sectlon 6.01: Payroll Deduct10ns
6.02: Reasonable Notice
6 03: Unlon Securlty
6.04: Grievance and Compla1nt Policy.
6.05: Drug and Alcohol POllCY
EXHIBIT A - Agency Shop '"
.40
.40
.40
.41
.42
.44
3
UNITED TRANSPORTATION UNION -- LOCAL 1785
CITY OF SANTA MONICA
ARTICLE I.
GENERAL PROVISIONS
1. 01
1. 02
1.03.
Parties to Memorandum
ThlS Memorandum of Understanding (MOU) has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
Clty of Santa Monica, and has been executed by the Clty
Manager on behalf of the City and by appropr1ate
offlcials of the United Transportatlon Unlon (UTU), Local
1785 (UTU) , on behalf of employees occupying the Job
classif1catlon of Motor Coach Operator
purpose
The part1es agree that the purpose of this MOU 1S. to
promote and provlde harmonious relatlons, cooperation and
understand1ng between the City and the employees covered
here1ni to prov~de an orderly and equitable means of
resolv1ng d1fferences WhlCh may arise under this MOD, and
to set forth the full agreements of the partles reached
as a result of meetlng and conferring in good falth
regardlng matters wlthln the scope of representatlon of
employees represented by UTU Local 1785.
Term of Aqreement
This agreement shall be effective as of the 1st day of
July 1995 1998, and shall rema1n 1n full force and effect
untll June 30, 1998 2002. It shall be automatically
renewed from year to y€ar thereafter unless e1ther party
shall notify the other ln writing not later than March 1
of 1998 2002 and of each subsequent year that 1t deSlres
4
1. 04
1. 05.
to terminate or modlfy th1S agreement, and specifically
1ndlcates requested mod1flcations. In the event that
such notice is given, negotlations shall begln no later
than April 15 with a signed contract desired by July 1.
City Council Approval
It lS the mutual understanding of all the part1es hereto
that this MOU lS of no force or effect whatsoever unless
or untll ratified and approved by resolut1on duly adopted
by the City Councll of the Clty of Santa Monica.
Recoqnized Employee Orqanlzation - UTU Local 1785
Unl.ted Transportation Unlon Local 1785 is hereby
acknowledged as the Recognlzed Employee Organization
represent1ng only the job class1f1cation of Motor Coach
Operator, pursuant to Sect10n 3 04 (c) of Ordinance No
801 (CCS). It lS the mutual understanding of the partles
hereto that acknowledgment of UTU Local 1785 as the
recognized employee organizatlon:
A. Does not preclude employees in such job
clasSlflcatlon from representing themselves
individually In their employment relations wlth the
City.
B Does not preclude or restrict the rlght of management
officlals to meet and consult with employees 1n such
employment pos1t10n classlficat:lon concerning the1r
employment relations w1th the Clty.
C. IIEmployee Representat1vell wlth1n the mean1.ng of thlS
agreement shall be a person or persons holdlng
membershlp in UTU Local 1785 and employed by the City
of Santa Monica as a Motor Coach Operator or an
Internatlonal Representatlve of UTU.
5
1. 06
1 07.
1 08.
Scooe of Reoresentat1on
The scope of representation of the Recogn1zed Employee
Organ1zatlon shall include all matters relating to
employment conditions and employer-employee relations
lnclud1ng, but not llffilted to, wages, hours, and other
terms and condit1ons of employment, except, however, that
the scope of representatlon shall not include
conslderation of the merits, necessity, or organlzat10n
of any serVlce or actlvlty provlded by law or execut1ve
order and shall be exerc1sed or performed in compliance
with the prOV1S10ns of Ordinance No. 801 (CCS).
Full Understanding, Modiflcatlon & Walver
The parties agree that each has had full and unrestr1cted
rlght and opportunity to make, advance, and dlscuss all
matters properly wlthln the scope of representatlon as
outllned ln Section 2.05 of Ord1nance No. 801 (CCS)
ThlS MOU const1tutes the full and complete agreement of
the partles and there are no others, oral or written,
except as speclfled ln this agreement. All prelim1nary
negotiations are merged herein. Each party, for the term
of th1S MOU, speclflcally wa1ves the rlght to demand or
petltlon for changes hereln, whether or no~ the subJects
were known to the parties at the tlme of execut10n hereof
as proper subjects wlthln the scope of representation as
outllned in Sectlon 2.05 of Ordinance No. 801 {CCS}.
The wages, hours of work and other terms and conditions
of employment covered by this MOU, includ1ng those wages,
hours of work and other terms and conditions of
employment in existence prlor to this MOU although not
specifically referred to in this MOD, shall constltute
the wages, hours of work and other terms and conditions
of employment for the term of th1S MOU
Manaqement Rights Reserved
The City retains all r1ghts not specifically delegated by
thlS agreement, i~clud1ng, but not Ilmited to, the
excluslve rlght to:
6
1 09.
A. D~rect, supervise, hire, promote, transfer, ass~gn,
schedule, and retaln employees; and, for proper
cause, suspend, discipline and dlscharge employees.
B Rel~eve employees from dutles 1n accordance with
Sectlon 2.04 660 of the Santa Monica Mun1c1pal Code.
C Determine the serV1ces to be rendered, operat10ns to
be performed, utll1zation of technology, and overall
budgetary matters.
D. Determ1ne the appropriate job classif~catlons and
personnel by whlch government operatlons are to be
conducted.
E. Determine the overall mlSSlon of
government.
the UT:!.i t
of
F. Maintain and ~mprove the effic~ency and effectiveness
of government operat~ons.
G Take any necessary act:..ons to carry out the m~SSlon
of an agency ln sltuat10ns of emergency.
H Take whatever other actions may be necessary to carry
out the wishes of the publlC not otherwlse specifled
above or by collectlve agreement
Peaceful Performance of City Serv~ces
It is mutually understood and agreed that partic~patlon
by any employee in a str1ke or a concerted work stoppage
term1nates the employment relat10nshlp ln the absence of
specific written waiver of such term1natlon by an
authorlzed management offlC1al
A. The protectlon of the publ1c health, safety, and
welfare demands, and the parties agree, that none of
the partles hereto nor any person act1ng 1n concert
wlth them will encourage, condone, ass1st, sanct10n
or take part ln any strlke, walkout, sit-down,
slowdown, concerted work stoppage, picketlng, stay-
away, retard1ng of work, abnormal absenteeism,
7
1 10.
w1thholding of serVlces, or any other form of
lnterference wlth or Ilm~tatlon of the peaceful
performance of C1ty servlces. Violat~on of any
prOV1S1on of thlS MOD by e1ther party hereto shall be
cause for either party to avail ~tself of whatever
remedies may be available to the parties in law or in
equlty.
B. In the event that there occurs any strike, concerted
work stoppage, cessation of work, slowdown, slt-down,
stay-away, lllegal plcketlng, or any other lllegal
form of interference with or lim1tat1on of the
peaceful performance of C1ty services, the Clty, ln
addition to any other lawful remedies or d1sclplinary
actlons, may by actlon of the City Manager, cancel
any or all payroll deductions, proh~bit the use of
bulletin boards, proh1blt the use of City facilities,
and proh1b1t access to former work or duty stations.
C. The C1ty agrees that there shall be no general
lockout of bargaining unlt members.
Validity of MOD
If any provislon of this MOU is determ~ned to be inval1d
or lllegal by a court of competent jur1sdlctlon, then
such provision shall be severed from thls MOU, but the
remalnder hereof shall remain in full force and effect.
The parties hereto shall lmmedlately commence to
negotlate for the purpose of replac1ng any such 1nval1d
or lllegal provislon.
Should any change be made 1n any Federal or State law, or
in any rules and regulat~ons implement1ng such
leglslat~on, or In any City Charter provlslon or Civil
SerVlce Rule and Regulatlon wh~ch would be appl~cable and
contrary to any prov1s1on herein contalned, then such
prov1s1on of this MOU shall be automatlcally terminated,
but the remainder of this MOU shall remaln in full force
and effect Such leglslation and/o~ rules and
regulations shall supersede thlS MOU and applicable
clauses shall be subst~tuted for those ruled invalid or
illegal. The partles hereto shall lmmed1ately commence
8
1.11
1.12.
1.13
to negot1ate for the purpose of replac10g any such
1nval~d or ~llegal provlslon.
Further, if any addltlonal costs for compensation to
employees covered by thlS Agreement would be 1mposed 00
the C1ty because of the lnterpretatlon and/or appl1cat~on
of any provision (s) of thlS Agreement by reason of the
Falr Labor Standards Act {FLSA}, such prov~s~on{s) shall
become inoperatlve to the extent that such prov1s10n(s)
lmpose(s) additlonal costs on the Clty. Such
provlslon (s) shall be changed to create no additional
costs to the C1ty by reason of the applicatlon of the
FLSA.
Captlons for Convenlence
The capt10ns herein are for convenlence only and are not
a part of the MOD and do not ln any way limit, deflne, or
ampllfy the terms and provisions hereof.
Equal Employment
It is agreed by both parties to th1S MOD that they wlll
fully comply with all appllcable local, State and Federal
laws, rules and regulatlons governing equal employment
opportunl ty. The Affirmatl ve Actlon Program and the
Sexual Harasswent Polley of the Clty of Santa Monica are
afflrmed by both part~es to thlS MOD and incorporated by
reference herein. Both partles also agree to ablde by
the requ1rements of the Amerlcans wlth Dlsabl1ities Act
(ADA) .
Def1nit10ns
The following def1nltlons are to be applled 1n the
interpretatlon of thlS MOD:
A. "Salary Range" for full-tlme Motor Coach Operators
shall mean the five step (A through E) hourly or
monthly pay scale descrlbed 1n B below.
B. "Salary Range Steps" for each Job classiflcation
covered herein shall mean and be establ1shed to bear
9
the followlng percentage relat~onshlp to the E-step
salary computed to the nearest cent, wlth atta~nment
based upon the following amounts of serVlce ~n the
position:
(1) For employees h1red after July 1, 1995:
Step A - 60% of Step E .
during 1st year of
employment
Step Al - 70% of Step E
dur~ng 2nd year of
employment
Step B - 75% or Step E .... during 3rd year of
employment
Step C - 85% of Step E .... durlng 4th year of
employment
Step D - 90% of Step E .... during 5th year of
employment
Step E.....
after 5th year of
employment
(2) For employees hired after July 1, 1992, but
before July 1, 1995:
Step A - 70% of Step E ... during 1st and 2nd
years of employment
Step B - 75% of Step E ... during 3rd year of
employment
Step C - 85% of Step E .
during 4th year of
employment
Step D - 90% of Step E
durlng 5th year of
employment
Step E ...
after 5th year of
employment
10
(3) For employees hlred before July 1, 1992:
Step A - 81% of Step E .., during 1st and 2nd
years of employment
Step B - 85% of Step E ... during 3rd year of
employment
SteD C - 90% of Step E
durlng 4th year of
employment
Step D - 95% of Step E
durlng 5th year of
employment
Step E ..........
after 5th year of
employment
(4) There will be no step 1ncrease of any kind as a
result of a NOT ACCEPTABLE ratlng. There w111 be no
subsequent increase In wages until the NOT ACCEPTABLE
rating has lmproved to at least the SATISFACTORY
level. The only exceptlon to thlS provlsion shall be
a NOT ACCEPTABLE rating based solely on passenger
complalnts. An employee affected by this provision
may be rated every nlnety (90) days thereafter, untll
performance reaches at least a SATISFACTORY level. If
the employee has not been rated w1th1n nlnety (90)
days of the NOT ACCEPTABLE ratlng, he/she may submit
a request to be rated to the Translt Operat10ns
Supervlsor, who will then rate the employee. If the
ratlng is at least at the SATISFACTORY level, the
employee shall rece1ve any step increase to Wh1Ch
he/she is ent1tled wlth the effective date of sald
increase to be the payroll perlod that is closest to
the end of the nlnety (90) day perlod following the
date of a NOT ACCEPTABLE performance ratlng.
C. llNearest Cent 11 shall mean the next lower cent when
the computed amount lS 50/100 cents or less and the
next hlgher cent when the computed amount 1S 51/100
cents or more.
D. nFull-Tlme Employee" shall mean:
11
(l) A person who lS legally an 1ncumbent of a line-
1tem poslt10n (In this case, Motor Coach
Operator); or
(2) A former legal lncumbent of a llne-ltem positlon
(in thlS case, Motor Coach Operator) on
author1zed leave of absence from a regularly
budgeted positlon which posltlon is belng held
pend1ng the employee's return.
E. "Date of Entrance Anniversaryll shall mean the date
WhlCh recurs annually after the date of entry into
the posltlon of Motor Coach Operator In the
classif1ed serV1ce of the Clty of Santa Monica,
either by origlnal employment or re-employment. The
date of entrance for employees with broken service
shall be considered as that date on which the last
unbroken serV1ce was effectlve.
F. "As-needed Position" shall mean a position WhlCh is
(a) not specifically ltemized 1n the budget but
authorized unde~ temporary employees, (b) pald In
accordance wlth FLSA for all hours worked; (c) not
ellgible to accumulate fringe beneflts; and (d) to be
fllled from eligible Ilsts when posslble but WhlCh
may be fllled at the dlscretlon of the Personnel
Director, wlth quallfled appl1cants not on el1g1ble
llSts since such positlons cannot acqulre civil
serVlce status. Wages, hours and other conditions of
employment of as-needed employees are not covered ln
this MOU except as noted in Artlcle V, Sectlon 5.02.
~ npermanent Part-Time PositionU shall mean a position
which is (a) itemized in the budget; (b) paid in
accordance with FLSA for all hours worked; and (c)
filled from eligible lists. Wages, hours and other
conditions of employment of permanent part-time
employees are covered by this MOU.
H. IIRegular Operatorl\ shall mean a Motor Coach Operator
who has bld a regular run or asslgnment.
12
1.14.
1.. "Extra Operator" shall mean a Motor Coach Operator
who does not bid a regular run or asslgnment and
whose work assignments are all made through the extra
board
;1. "Extra Board" shall mean the procedure by wh1ch open
runs or work ass1gnments are made.
K. "Regular Run" shall mean a work asslgnment which lS
lncluded, by the managementJ ln a posted breakdown of
operating schedules and contains regular worklng time
and regular pay time
1.. "Straight Run It shall mean a run that has continuous
pay t1me from the time of start1ng to work untll the
run lS completed.
M.
"Spllt Run"
parts w1th
beglnnlng of
more
and
shall mean a run that has
elapsed tlme between the
each part.
two or
end1ng
H. "Tripper" shall mean any work shown on a schedule
which is not part of a regular run.
Q. "Work Per10d" shall mean the recurr1ng 7-day cycle
commencing at 3:00 a.m. Sunday through 2:59 a.m the
follow1ng Sunday.
Overpayment Remedy
Employees covered hereln shall relmburse the City for any
overpayment of wages or benefits Said re1mbursement
shall not be requlred unt11 the C1ty notifles the
affected employee in wr1t1ng. Relmbursement may be
accompllshed by a lump-sum deductlon made on the next
subsequent employee payroll warrant followlng overpayment
notlflcation, or by other reasonable repayment method
mutually acceptable to the employee and the C1ty, except
that lump-sum deductlon shall be requlred if the next
subsequent employee payroll warrant lS the final or
termlnat10n warrant issued to the affected employee.
13
1.15.
1.16.
Payments at Term1nation
When full-time employees covered here1n leave the serV1ce
of the City of Santa Monlca they shall be entitled to
lump-sum payoff of vacat10n leave only. No claim shall
be made agalnst the Clty for the use or payoff of unused
slck leave, nor shall the effective date of termlnatlon
be extended by use of slck leave or vacatlon.
Compensation & Benefits for Per.manent Part-Time Employees
Permanent part-time employees in the position of Motor
Coach Operator shall be paid for all hours worked in
accordance with the Fair Labor Standards Act (FLSA).
Permanent part-time employees shall accrue vacation, sick
leave and other time off on a half-time (O.S) basis.
Permanent part-time employees shall receive four (4)
hours of holiday pay for each holiday to which the
employee is entitled to receive per Section 4.01 of this
Agreement. Other frinqe benefits, such as medical
insurance coveraqe, shall be determined throuqh the meet
and confer process with Local 1785.
An employee hired as a part- time M.otor Coach Operator
shall only be subiect to one twelve-month probationary
period as a Motor Coach Operator, reqardless of whether
the employee I s City service is on a part-time or full-
time basis.
14
ARTICLE II
2.01.
2.02
COMPENSATION
Effectlve Date of Increase
_r ..- ______., _____________ _"!_
Lu,= .LaL,= UJ.. ~ay V.L auy '=LLLj,J..LUY'='= ..L'='-''=-'-V..LU':;:j, UJ.~ LHC UGlY
_, ~ _ .L.L _ __.L... _ _ _ _ _, _ ...... _ _ .r , _ _ _
J:.J...i...C.L.CU.l..l.L:::I Lllt:: t::::LLt::LL..L V'C \..J.Cl......::: \..1.1. L...l.l.L&::I P!VU I ".i..C:..-::>';:;' :.......L..1.C1J..1. L"..lJ.C
c:l.IUVUJ..L~ f:.J.J..6iSC:i-:"'~c~ .fV.L L..l-J.c ~:aLL~l.vycc: 'I b ,,-lo.oo c:LJ..L~ It::J.J.=:1L~J. vI
5c~--v-J.."::C elO 1=':Lu"v- ~~c::J. lJ.C::.L C:.l...L.L... .;::.lJ.o.l..l ~c ..LJ.1C~.CCU::H=~ Lu LIlt::
_________.L... __________" , __.,____ ____, ..,_____.L......_ _~ ________
C1.iLlUUHL f:-I-'-<::o'--,-..LJ...JCU .LV... ,-HC '-..LGloo GlHU ..LCH~LH VJ.. OC..LV..L'-'C VU
1'1. ,,_,_______ L___ .L..1__ ___'__, _,___
L.dC ~a'y.L Li..L..L U..L aWH .l..V... Lu'= j,Jay j,J'=.L ..LV"..J. '-..LVOCO L LV L~J.<::
_ .L.L _ __.L. _ _ _ _ _, _ .L. _ _ r " I _ . I 1, _"l . _ I 1 .
C.L J..O:;:'-'L..L V<:;: UaL<:: V.L Lu..Lo 1'J.VU J.~VLW..LLub Lc:LUU..LH~ c:LHY V LuO:;:.l..
. _ __ _ _, ,_ _ __ _ _ __ _ "1_ _ __ ._ _ _ __ _., _ ____ . _ _ I _ _ _,_ _,..,
p.r.vv,J..O.J,..UJ.... \..Uj..lJ...Q...l..1..1':;:;:U l.lCLl;;:;...i..l...L, '-il.a..ll~C:;:~ .l..L.l i:::la..J..a....;...y .LClL.C~ ,=,.LJ.Q...L...L-
b~C0lL-Le: 2fft:L~i-v6 vi.i l..-.1..1~ r~J.6L.... J.o.y ur t..-lJ.'C pa}'J..Oll pE:~.~oJ
5};JreCJ..f:ie:d :J...i.1 36'-~..L.UJ.6 ~ G:2 ~cluw, IISc:Llc:L.1...J..~~. II
Notwithstandinq any other provision contained herein,
chanqes to the salary ranqe and salary related benefit
changes provided herein shall become effective on the
first day of the payroll period closest to the effective
date stated herein. If the effective date stated herein
falls on the Sunday in the middle of a pay period, the
effective date shall be the first day of the followinq
payroll period.
Salarles
Salaries of full-tlme employees covered here1n shall be
on an hourly rater pa1d on a biweekly equivalent baS1S.
A. Effectlve UUUO:;: L...J, ..LJJ..J July 1, 1998, the E-step
salarles for all employees covered hereunder shall be
$l7.GG $18.18 per hour.
B. Effective UU..LY " ..LJJU July 1, 1999, the E-step
salarles for all employees covered hereunder shall be
3ll.~1 $18.38 per hour.
15
C. Effectlve ua.J.iu.a.:"y ;.J, 1557 January 1, 2000, provided
the Revised Consumer Prlce Index as reported (for
Urban Wage Earners and Clerlcal Workers, 1967=100}
for Los Angeles-Rlverslde-Anaheim, Callfornia,
publlshed by the U.S. Department of Labor, Bureau of
Labor Statlstlcs, hereafter referred to as CPI, has
rlsen 5% or more for the slx-month period of
Aprll 1, 1996 1999, through September 30, 1996 1999,
E-step salarles for all employees covered hereln
shall be adjusted upward by 2%. If the annualized
percentage rate of increase for the period noted
above is equal to 13% or more, sald upward adJustment
of E-step salarles shall be equal to two-thlrds of
the dlfference between the actual annuallzed
percentage lncrease of CPI and 10% If the CPI has
rlsen by 10% or more (20% or more annuallzed) dur1ng
the aforesald slx-month period, meet and confer
contract negotlations concerning salaries only shall
recommence.
D. ~ffectlve J~ly 6, lSS7 July 1, 2000, the E-step
salaries for all employees covered hereunder shall be
$l7.;; $18.58 per hour.
E Effectlve Jc..llU.a.1."Y .;" ..L~.;JO January 1, 2001, provided
the Revlsed Consumer Price Index as reported (for
Urban Wage Earners and Clerical Workers, 1967 = 100)
for Los A.T1geles-Riverslde-Anaheim, Californla,
published by the U.S. Department of Labor, Bureau of
Labor Statlstics, hereafter referred to as cpr, has
r~sen 5% or more for the slx-month period of Aprll 1,
1997 2000 through September 30, ~ 2000, E-step
salaries for all employees covered hereln shall be
adjusted upward by 2% If the annualized percentage
rate of increase for the period noted above lS equal
to 13% or more, sa~d upward adjustment of E-step
salaries shall be equal to two-thirds of the
dlfference between the actual annualized percentage
lncrease of cpr and 10%. If the CPI has risen by 10%
or more (20% or more annuallzed) durlng the aforesald
slx-month period, meet and confer contract
negotiatlons concerning salarles only shall
recommence.
16
2.03.
~ Effective July 1, 2001, the E-step salaries for all
employees covered hereunder shall be $18.83 per hour.
Overtime
Regular Operators and Extra Operators shall be paid for
overtime work performed at the d1rectlon of the Director
of Transportation at the rate of t1me and one-half for
each hour in excess of elght (8) hours in anyone (1) day
and each hour in excess of forty (40) hours In any work
period, computed to the nearest tenth (.10) of an hour.
Regular Operators and Extra Operators who are not
scheduled to work on a hollday shall be paid for e1ght
(8) hours at stralght time for each of the author1zed
holldays
Re~ulCl...L u}?e:i..o.L.0i:b Cl.uu. .c.^l....LCl. upe:i:o.L.0:i..-.s Wh0 Cl..Le .L:eyu.i.i:6J. ;';'0
r _ _-' _ _ -'--- _ _ L' . _ _, , .,., _ , _ _ ,., , _ _ _ _ _ _ _.
..L C~V.L '- J..V..L U.Ul..y VU o.u Cl.Ul..UV..L ..LL.cu. UV_LJ_U.o.y .:>UCl..L..L s.Jt:: f=Ja.....u.
_, _ ,.,. I' ~ _ _ _ _...., , _ _ _ _1_ _ _"" ... __ __ _ _ ., _ _ _ _ _ . _ __
UUUJ..J.LC- l..~LHr.;:: .LV.!. Cl..L..L .1..LVu..1.-b WUJ..1"\..t::::u ..LJ.l J.IU eVCllL., .11UWCV l:;:.L ,
5ho.ll l:.li.e l:-'Cl.Y rt::CelVe~ }.:,6 1<::1::11::1 l..uau Lue cy:-u.:L-v-o.leJ.-~i:: 0f
L'_ I . I. . _ ( .. ..... \ ,_ _ _ ., ~ 1_ "... \ ___ _ __ _ _ -'--- _ __ __.. _ _ .' _ ,_-'---
,-U.L.Ll..<::t::U ~""'.Jj UUU.L1::I Cl.UI,..l ,-w<::u'-y ~L.VI iLl.LUU'-C':> C1.l.. 1::Il..-.La.....':jul..-
L":"".e.
Reqular Operators and Extra Operators who are required to
report for duty on an authorized holiday shall be paid
double time for all hours worked. The double time
includes the eiqht (8) hours of paid holiday time. The
only exception will be if any of the first eight (8)
hours worked on the holiday exceed forty (40) hours of
paid work time for the work week in which the holiday
occurs. In that case, those work hours durinq the first
eiqht hours worked which exceed the forty (40) hours for
the work week will be paid at double time and one-half.
Those hours worked durinq the first eiqht (8) hours which
do not exceed forty (40) hours of paid work time for the
work week shall be paid at double time. In no event,
however, shall the pay received for hours worked be less
17
than the equivalent of thirteen (13) hours and twenty
(20) minutes at straiqht time.
Any full-tlme operator who lS scheduled to work on a
hollday and who fails to work because of a W1SS-out shall
not receive pay for that day.
18
~~TICLE III.
SUPPLEMENTAL BENEFITS
3.01.
Retlrement
The C~ty lS a contract member of the PubllC Employees'
Retlrement Syste~ (PERS) I and It lS understood and agreed
that such membershlp wlll be malntalned and that employee
eligib1lity, classlf~cat~on, contributions, and beneflts
are as prescrlbed ln the contract between the C~ty and
PERS heretofore approved by the Santa Monlca Clty
Council.
The Clty is a contract member of the Public Employees'
Retirement System, and it is understood and agreed that
such membershlp wlll be maintained and that employee
ellglbillty classiflcation, contrlbution, and beneflts
are as prescrlbed In the contract between the City and
the Public Employees' Retlrement System heretofore
approved by the City Council.
Effective July 1, 1998, the City shall pay on behalf of
each permanent employee covered herein two percent (2%)
of the individual employee's required seven percent (7%)
retirement contributions to PERS.
Effective July 1, 1999, the City shall pay on behalf of
each permanent employee covered herein an additional two
percent (2%), for a total of four percent (4%), of the
individual employeels required seven percent (7%)
retirement contributions to PERS.
Effective July 1, 2000, the City shall pay on behalf of
each permanent employee covered herein an additional two
percent (2%), for a total of six percent (6%), of the
individual employee's required seven percent (7%)
retirement contributions to PERS.
Effective July 1, 2001, the City shall pay on behalf of
each permanent employee covered herein an additional one
19
3.02
percent (1%). for a total of seven percent (7%), of the
individual employee I s required seven percent (7%)
retirement contributions.
Health Insurance Proqrams
A. Medical Insurance
Effective July 1, 199~ 1998, the City agrees to pay
up to a maX1.mum of $475.00 per month towards the
cost of medical ~nsurance coverage for employees and
eligible dependents provided that employees covered
herein part1.cipate in the City-offered medlcal
insurance programs. The cost of med1.cal insurance
coverage will be set each January 1st and wl11 be
a II composite II monthly lnsurance premlum derived by
dlvlding the total monthly insurance premium for all
medical plans offered by the Clty, except the PERS
medlcal plans, by the total number of employees
enrolled ln sald medlcal plans as of January 1st.
Any extra payment requlred under such plans shall
be pald by the employee elect1.ng such coverage.
Effective July 1, ~ 1999, the maximum amount up to
WhlCh the C1.ty agrees to pay towards the cost of
ned~cal insurance coverage w~ll be equal to the
hlghest medlcal l.nsurance premlum contr1.butlon cap
established for any of the City I s other bargaln1.ng
unlts, excludlng any premium contr~butlon cap
establlshed for barga1ning unlts who participate ln
the PERS medlcal plans The same terms and
condltlons outllned in the flrst paragraph of this
Section wlll still apply.
Effectlve July 1, 1997 2000, the maximum amount up to
WhlCh the C1. ty agrees to pay towards the cost of
medical lnsurance coverage will be equal to the
highest medical insurance premium contribution cap
established for any of the City I s other bargalning
units, excluding any premium contr1.bution cap
establlshed for bargaln1.ng units who participate in
the PERS medlcal plans. The same terms and
20
conditlons outlined ln the f~rst paragraph of thlS
Sectlon w~ll st~ll apply.
Effective July 1, 2001, the maximum amount up to
which the City aarees to Day towards the cost of
medical insurance coveraqe will be equal to the
hiqhest medical insurance premium. contribution cap
established for any of the City's other barqaining
uni ts, excludinq any premium. contribution cap
established for bargaininq units who participate in
the PERS medical plans. The same terms and
condi tions outlined in the first paraqraph of this
Section will still apply.
B. Dental Insurance
Dental ~nsurance coverage shall be provided at no
cost to employees and thelr ellglble dependents
provided that employees covered hereln partlc~pate ln
the Clty-offered dental lnsurance programs.
C Vision Insurance
The Clty agrees to provlde vis~on care insurance, at
no cost, to employees covered herein The Clty
retalns the right to select the provider and to set
the levels of coverage for sa~d vision care
insurance plan. The Clty also retalns the right to
change the provider of sald VlSlon insurance plan
and/or the level of benefits provided under that
plan without meetlng and conferring
21
3 03.
~ Long Term Disability Insurance
Local 1785 has the option of imolementing employee-
paid long ter.m disability insurance by notifying the
City of its desire to be covered by the City's long
term disability insurance orogram. If Local 1785
exercises this option, all employees covered herein
will be required to oarticioate and the cost of said
coverage will be paid by the employees through a
payroll deduction.
Unused Sick Leave Upon Retirement
_ ., _ _ .L...'_ I ... ,., \
.c.llL~.1.VY<:::<:::'" W.1.L.U L.<:::U \..LU i
I . _ _ r _ _____ ., _ .
.L<:::L.J..';'<::: J..J.ULLL <:::LL'tJJ..UYLLL<:::h'-
r _ '"'.: .., _ _ __
.LVJ.J..UW..LU::J;
- ,...
V.L ......LL.Y
, ~ ~
"'Uc:l...L~
",C.LV.1.L.O::::
'-
wuv
UL LHV.:.. <::: Y <:::<::1..1. ."
I'L .L...1_
W J.. L.U L.UC L.... L. Y
.L.c::.......C.LVC
L.U<:::
f... \ ..... _ _ __ 'L I ~ _ _ _ I .... ,... \ _, _ r _ _, _ _ __ t _ ..,
\.1.i ru.L Cc:l.L.U ",cV::::UL.Y-.L.1.VC \/-'i u.c:l.Y." V.L uuu",<:::u. "'.1.L..I'I.. .1.<:::c:l.VC
, _ __ _., _ 1 . _ "1_ ., ,_,.. ,,,., I
Cl"-'-.L ur.::u. ..1..11 \....1.1":::; ~IlL,t.J..LV Y '==-'= h::l ~.J..........^- .Lt.Gl v oc:;: ..ua..i.J..l\.. ct.a... l,..~.J.t:: ua l..t::
_.L _ _ _ .L... _ _ _ _ ,.... , _ ~., , I , _ _ _ _ _ _ _ _ __ _ __ '1_ _ ., .,
VJ... L.t:::L...l.....L.C::ULCJ..1-;...., U.i-J.C \.J...j :teaL V-L -l..ic::-a...l.L.JJ. ..L.LJ,OU.L.Cl..L.L.L...t:: ;::'~J.Cl....L....L
,__ ~______~__,_, L' ______________.L..._
J..JC .LU.L.1.1.0U<:::U. L.U L-ut:: .L<:::1,...1.J..<:::<:::, c:l.L- L.U<::;; c:l.tJ!-I.LVtJ.L.1.c:l.L-<::
.l.Cl.....l...LCc:;:
_, _ ., I "'L _
.t:-'.L V V .LUCU "-.1..10. L- L..l.l.C
.f"'"~' __.L...__~_;_ _'1.'.
VoL L,...J...L~ \.....l.L...y ~ 1.L.~a....i-"""..LJ.
~
CL"tJ.1.UYC<::
, ...
!-I.1.Cl."O .LU.L
.1:.-J.L CLH..i.. UIH,
__ _ _ _.L- .' __.'
j:Jo.-L- '-.J..'-~.tJCll..t::~ .L.L..i. Ull~
.Lc::L.1..LC::t::.::>.
(~ ,
\~ i
_. I .,
OJ..L......
-,. .
J..O::::Cl.VO:::
""\ _'"\____ _.c:
<::La~.l..uyt::o::: He.O vv<::... ~':';J u.Cl.Y~ UL
. _ i _' r. _ _ 1,_ _ __ .L _ _ _ ~_ 1_ i -, ,
y'Uc:l..1.J...L.1.<::.::> U.1.LLI/UO:::.L .LUJ.. L.U.L<:::<:: \J/
... _ _ ~ 1_ _..... .. 1 ___ _ _ __ 'L i... ,
u.<:::",<"";.L.1..'-'<::U J..U OUU!-ICl..l..Cl.::J.Lc:l.!-IU \.1.),
1 1 ., _ _ __ _ _ , ~ .r. r _ '''.L.. _ _ __ _, _ _ _ _ _ _ _. I
..u't:: o.J....J..L.C L-U YUa..1..L.LY .LV.L C1U.U..LL...1.U.Llc:l..L yt::CI..LO
__ _ __ -"-- _ _ L f... , .,., ~ _ __ _ , r _ _
,l:Jc:lYLLl'Cl..U_O 0.'-- '--.llC ~.aL.-C U.L U.l.L~ \.1./ CLUU~l-.1tJJ.J.a..1. y~a.L J...VJ..
_ _ _.1_ r: -' r.
't::CL."-J.J. .L..L.....l...y
, _ .L.L..
.Lt::J...~ Vv't::.L
~ .c
.L L 1.-.1.J.';:::
r, ~
LW..i.1..i.-a......LL
Y<::Cl..L'::> U.L
. 1. ,
c:l..l..JUVCJ ,
-- - - --- - - . - ~- -
!-Ic:l.y,L1O::::......0 c:l.O
L _ I _ L _ _.1_ _ , ,
l.J.C/OJ.lt:: O.lJ.Cl.1..1.
,....... ,
\;JV/
'I. t . "L
WJ..J...L.'-J..L
-, -
u.Cl.Y
. '-
~1Y o.1.'-^-
_, _ _, _ _ _. L.. _ _ _ _.
Ut::.UUL L-...L1.J.~
., - - ---
..LCaVIII:;::::
-, - --
u.cty"".
C1.~LLVUJ.J.""'O
~ . r ~
J..J...i...'-y
f~.cLY
. , ~
_U..L.L
I r- _ ,
\;J U}
c:l.J..C
Q..l.l.-'V.L
I r- ,..., \
\ -' Vi
-., - -
Uc:l.YO,
-~ -
u.,l.l......"t::;.J..
_ __ _ __ -'- _ __ _ .L
..Ll.J.~l.. t:::LU"=.L.t.L-.o, V.L. CL.LJ.}' c:LILLVU1.1I....i:' .L'=O~ l...l.1.CUl
,,_ I ,
;::".lJ.CI..L..L .L..LVl.- J...J';:::: \",UUl..LL..t::U V.L '-Vlll.,t.Jt::..L.LOQ.l,.r;::;U
tln.s p::t:og::t:aLLI.
Hi.
"'''Y
VVc:l.Y
Each Motor Coach Operator with ten (10) or more years of
service with the City who has at least fiftv (50) days of
unused accrued sick leave when he/she retires from the
City of Santa Monica will be able to convert all unused
22
3.04
accrued sick leave to dollars which can be used to
purchase medical insurance coverage for the employee and
his/her spouse. The employee will be given the actual
dollar value of the sick leave which is converted based
on the employee's base rate of pay on the date he/she
retires from the City of Santa Monica. Those funds shall
be set aside and shall be used to reimburse the employee
for the cost of medical insurance coverage.
Reimbursement for medical insurance coverage will be made
when the retiree submits proof of payment for medical
insurance coverage.
Tuition Reimbursement
It is agreed that the Clty wlll budget annually an amount
equal to $10.00 per full-tlme employee ln the appropriate
unit for tUltlon and requlred study material
rel.mbursement for career lmprovement study approved by
authorlzed management offlcials. Reimbursement shall
equal the total cost of tuitlon (excluslve of park~ng,
lodgl.ng and meals) and the total cost of requlred study
materials, prov~ded, however! that;
A.
The maximum annual amount
lndlvidual ewployee shall not
subJect to the avallablllty
described above.
of relmbursement per
exceed $SCG.GG $1,000,
of budgeted funds as
B.
Enrollment in the
shall be approved
management official.
career lmprovement study course
ln advance by an authorized
C. The study course must be dlrected to qualification
for an employment posltion represented in the Clty
work force.
D The employee must exhlblt some reasonable expectation
of qualifYlng for such posltion upon successful
completlon of the study course.
23
3.05
E. Relmbursement shall be made only in lnstallments upon
successful completion of prescribed units of study
requlred by study course approved.
F In no event shall the Clty.S relmbursement be reduced
when there lS an outside source of aid except ln
those cases where the ald from any outslde source,
plus the normal City relmbursement, exceeds the cost
of tUltlon and study material for the approved study
course.
G.
If approved tUltlon reimbursement costs
budgeted amount as descrlbed above, the
costs will be prorated so as not to
budgeted amount.
exceed the
re1mbursed
exceed the
Un~form Allowance
Each employee OccupYlng a regularly authorized full-tlme
position of Motor Coach Operator shall recelve a monthly
uniform malntenance allowance of $30.00. An employee
wl11 not be eligible to receive a unlform allowance until
he/she has successfully completed six (6) months of
employment as a regularly authorlzed full-time Motor
Coach Operator. Upon successful completion of the
required six (6) months of employment, the employee shall
recelve a lump sum payment of $180.00, whlch represents
six (6) months of unlform allowance at $30.00 per month.
This payment shall be made as a part of the employee I s
regular paycheck. Thereafter, the unlform allowance of
$30.00 per month will be pald once a month and will be
pald on a regular paycheck.
Each permanent full-time Motor Coach Operator shall
receive a one-time lump sum credit of $300 which can be
used bv the Motor Coach Operator for reimbursement for
uniform items purchased from a desiqnated uniform apparel
vendor. The receipts submitted for reimbursement must be
dated after the date on which the MOU has been ratified
by both parties. All permanent full-time Motor Coach
Operators who are employed as of that date must apply for
24
3 06.
3.07.
3.08
reimbursement before June I, 1999. Each new permanent
Motor Coach Operator will be qiven the same lump sum
credit upon placement in a full time Motor Coach Operator
position and must apply for reimbursement within one
calendar year from the date on which the employee became
a permanent full-time Motor Coach Operator.
Eye Examinations
Clty agrees to pay for the eye examination requlred for
reissue of Class A and Class B Callfornla Operators
Llcense. Sald examinatlons shall be performed by
doctor{s} designated by the Clty.
Motor Coach Operator Tralnee Instructlon
A Motor Coach Operator asslgned as
Motor Coach Operator Tralnee shall
per hour bonus when so asslgned,
regular salary.
an instructor with a
be paid a flat $1.50
in addi t lon to the
Bus Passes
All Motor Coach Operators shall be lssued a free bus pass
for use by the employee. Upon the installation of the
new fare boxes, free bus Dasses will be issued to the
employee's eliqible, with an eliqible dependent beinq
defined as a dependent who is eliqible to receive medical
insurance coveraq-e throuqh a Ci tv-provided medical
insurance plan. Retlred Motor Coach Operators who have
taken normal serVlce retirement and who Ilve within the
area served by the Transportatlon Department shall be
issued free bus passes upon request.
25
3.09.
3.10
S.P.A.B. Llcense
The City agrees to reimburse all employees for the
initial acquisition or for renewal of a S.P.A.B. llcense
and for the renewal of a Class A or B drlver's license.
In addition, each fiscal year. upon renewal of a S.P.A.B.
license or upon completion of required annual S. P.A. B.
traininq hours, each Motor Coach Operator shall receive a
bonus in the amount of $175.
Deferred ComDensatlon
It is hereby agreed that employees covered hereln wlll be
offered partlclpation in the CltyrS deferred compensation
plan
26
ARTICLE IV. LEAVES
4.01.
Pald Holldays
A. Employees shall receive the following paid holldays.
Upon hire ln a full-time posltlon
New Year's Day
Martln Luther Klng's Blrthday
Washlngton's Blrthday
Memor1al Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
~ I 1 ~ _ _ _ _.c 'T""'1__. _, _
.D.J...I.. L..uu.ay U.I.. l.:..LLLJ:-'.J..VY""""
01',6 two (2) floating holldaYJ!
Addltionally, after one year of employment:
Easter Sunday
Additlonally, after two years of employment
One addltlonal floating hollday
B. Floatlng holldays, sub] ect to management approval,
may be taken at any tlme throughout the flscal year.
Payment for these floating holldays shall be elght
(8) hours stralght time pay. ThlS holiday beneflt
wlll accrue on a flscal year basis and wlll be
avallable to each active employee who 1S on the
payroll at each July 1, and who has attalned six (6)
months service prlor to that date. This holiday
beDeflt cannot be carrled over from year to year;
however, ellglble employees may receive eight (8)
hours stralght time pay ln lleu of taklng the
holiday. For biddinq purposes lone (1) floatinq
holiday can be used as a part of a bid vacation week.
27
4 02
4.03.
C. The adminlstratlon or appllcatlon of pal.d holiday
provislons and the scheduling and payment for such
holldays shall be as prescribed hereln and ln
accordance wlth the C1Vll Servlce prOV1Slons of the
Santa Monlca Munlcipal Code and past practlces.
Vacation Leave
Each employee OccupYlng a regularly authorlzed full-time
position of Motor Coach Operator shall accrue vacatlon
leave wlth pay on the following basis:
A. Followlng completion of the flrst six (6) calendar
months of contlnuous serVlce - SlX (6) working days.
B. Thereafter, up to and lncludlng ten (10) completed
years of serVlce - one (1) worklng day per cOMpleted
calendar month of service.
c
Upon completlon of ten
working days for each
service.
(10) years of serVlce 1.5
completed calendar month of
D. Upon completion of flfteen (15) years of serVlce and
thereafter 1 75 worklng days for each completed
calendar month of serVlce.
E The admlTIlstration or application of vacation leave
provislons and the llmltatlons on the accumulatlon,
proportionate accumulatlon, scheduling and payment
for such leave shall be as prescribed in the Civil
Service provislons of the Santa Monlca Munlclpal
Code.
S~ck Leave
Sick leave shall be deflned and admlnlstered as in
Sectlon 2.04.570 of the Santa Monlca Munlcipal Code
hereby incorporated as lf set forth ln full. The only
except will be that the employee can use sick leave for
medical or dental apPolntment of the employee or the
employee 1 s dependent children whlch could not be
28
scheduled durlng non-work hours, with proper advance
notiflcation to, and the prlor approval of, the
employee's supervisor, as long as sald absence from work
does not exceed one-half (O.S) of the employee1s
regularly scheduled work day. Such a use of slck leave
will count as one-half (0.5) of a slck leave lncident.
The followlng provisions shall apply to sick leave:
A. For the slxth lncident of slck leave ln a twelve-
month perlod, the first day of such slck leave shall
be wlthout pay.
B. For the seventh, eighth, and nlnth lnCldents of slck
leave ln a twelve-month perlod, the first three (3)
days of such slck leave shall be without pay.
C Beginnlng with the tenth incident and for any
subsequent lncldent of sick leave in a twelve-month
period, such sick leave shall be wlthout pay.
D. Any use of slck leave WhlCh involves hospitallzatlon
shall not be considered a sick leave lnCldent for the
purposes of computlng slck leave lncidents per
twelve-month period as speclfled ln A through C
above, provided that proof of hospitalizatlon lS
furnlshed to the Dlrector of Transportation upon the
employee's return to work.
E. The perlods designated as ~wlthout pay~ noted above
shall be "wlth pay" provlded an employee has accrued
~he following amounts of unused sick leave
Lenath of Servlce 1-5 years
5-10 years 10 years+
Mlnimum number of
accrued sick leave
days required to
allow payments 50 days
75 days 85 days
F. For all full-tlme Motor Coach Operators, slck leave
accrual shall be as follows:
29
4.04
4.05
(1)
months
of
After SlX
serVlce, SlX
(6) completed calendar
(6) working daysi
(2)
Thereafter, one (1) working day
completed calendar month of serVlce.
for each
Leave of Absence without Pay
An employee may be granted a leave of absence wlthout pay
upon appllcation approved by the Department Head, or
designee, and the City Manager. Such leave may not
exceed one (1) year's tlme. Upon expiration of the
leave, the employee shall be reinstated to the posltlon
held before the leave was granted. Such leave shall be
granted only in those cases where an employee's record of
serVlce and qualiflcatlons make it desirable for the Clty
to retaln the employee r s services even at the cost of
some inconvenience to the City.
If a member of the bargaining unlt accepts an official
posltlon with the Unlted Transportation Unlon (UTU)
Internat10nal Unlon, subJect to the approval of the
appointing authorlty and the City Manager, the employee
shall be granted the necessary leave of absence for such
official posltion or serVlce. The employee shall retain
and accumulate departmental seniority while on sald leave
of absence. No more than one member wll1 be allowed such
leave at the same time. Such leave of absence shall be
for the term of the posltlon or serVlce and shall be
renewable upon request as long as the renewal is approved
by the appolnting authorlty and the Clty Manager
Mll1tary Leave
A full-tlme employee covered hereln, who In tlme of war
or natlonal emergency as proclalmed by the President of
the United States or the Congress of the United States,
or while any natlonal conscription act lS in effect, lS
lnducted lnto the armed forces of the Unlted States or
who leaves employment wlth the City to enter voluntarily
the armed forces and wlthln a reasonable tlme after
30
4.06.
leav~ng employment wlth the Clty does so enter such
service, shall be granted a leave of absence wlthout pay
for the duratlon of the perlod of actlve serv~ce with
such armed forces. If such employee recelves an
honorable dlscharge or lts equ~valent and the position
stll1 eXlsts and the employee 1S otherwlse quallfied to
fll1 the same, the employee shall have the rlght to
return to the posltlon wlth the City wlthin SlX (6)
months after the termlnatlon of such active serVlce but
shall not have a rlght to so return later than SlX (6)
months after the end of the war or after the tlme the
President or Congress proclaims the natlonal emergency is
terminated, or after the expiration of the national
conscriptlon act. Such an employee shall receive
senlorlty and other credlts on the same basis as though
the employee had remalned in the Clty serVlce and had not
taken such milltary leave Leaves of absence wlth pay
for temporary ml.li tary duty shall be granted ln
accordance with appllcable state law.
Jury Duty
Any employee covered herein, when duly called to serve on
any Jury and when unable to be excused therefrom, shall
receive the regular base compensatlon, less all jury fees
received, excludlng mlleage, for the tlme required to be
spent iu C0UL~, provlded that an lndividual employee wlll
be so pald for Jury service only once every three (3)
years and shall make every effort to cooperate with any
request by the Department Head, or designee, to defer or
delay Jury serVlce to accommodate the operational needs
of the department. The Clty wlll only pay the regular
base compensatlon supplement for those who cooperate with
any request by the Department Head, or hlS deslgnee, to
defer or delay Jury serVlce.
Whenever dally Jury duty schedullng perml ts, employees
shall return to thelr regular Job asslgnment to complete
their regular work hours
31
4.07.
Worker's Compensation Leave
Employees shall be entitled to only those Worker1s
Compensatlon benefits speclfled under State law.
However, an employee shall be allowed to use unused
accrued vacation and/or floating holiday hours to cover
the three (3) day waitinq period and to supplement the
Worker's Compensat:lon benefit recelved under State law
wit.l-J. .:iv-.:ii.lc..l..,l", Q\..,;\..,;Lu..::0 -v-a.L.a.~';"uu llVU.L";:;, so that the total
number of vacatlon hours and/or floating holiday hours,
along wlth the Worker's Compensation beneflt, produces an
hourly wage no greater than the employee's base rate of
pay. For this purpose, vacation and/or floating holiday
tlme can only be used in one-hour increments
In addition, should the Santa Monica Municipal Code be
revised to allow the use of sick leave for work-related
in;ury or illness, on a two-year trial basis, startinq as
of the date on which the Municipal Code revision takes
effect, an employee shall be allowed to supplement the
Worker's Compensation benefit received under State law
with available unused accrued sick leave hours for a
period not to exceed thirty (30) regularly scheduled work
days. The total number of sick leave hours, along with
the Worker's Compensation benefit, shall not exceed the
employee's base rate of pay for each day of leave. For
this purpose, sick leave hours can only be used in one-
hour increments. At the end of the two-year trial
period, the proqram whereby sick leave can be used to
supplement the Worker's Compensation benefit will be
evaluated to determine whether or not it should be
continued. If management determines that there is abuse
occurring, after meeting and conferring with Local 1785,
the proqram will be discontinued and only the first
paraqraph of this section shall apply to Worker's
Compensation leave.
32
4.08.
4.09.
Parental Leave
Employees who demonstrate that they have prlmary
responslbl1lty for the care of a new chlld, shall be
entitled to a leave of absence totallng four (4) months
immedlately followlng the chlld's birth or adoptlon and
shall be returned to the same line-item posltion occupled
prior to the leave upon its expiration. Primary
respons~bl11ty may be establlshed by provlding
documentation that the employee's spouse is medically
~ncapacitated or when the spouse is gainfully employed
during hours the employee lS normally scheduled to work
and no schedule change for the employee's spouse is
posslble. Pald vacatlon leave, and slck leave lf
applicable, as well as unpaid leave shall be counted
toward the four (4) month total. Addltlonal leave may be
requested under the provlslons of Artlcle 4.04 of thlS
MOU.
In the event of a confllct wlth State or Federal law, the
Clty wlll comply wlth the provlsions of appl1cable State
or Federal law
Maternlty leave 1.S not the same as parental leave and
shall be adminlstered ln accordance wlth State and
Federal law. When an employee returns to work followlng
maternlty leave, said employee shall be relnstated to her
former posltion.
Faml1y Leave
The Clty agrees to implement famlly and medlcal leave In
accordance with the Callfornla Famlly Rights Act (CFRA)
and the Federal Family and Medlcal Leave Act (FMLA) for
all employees covered herein. These statutes shall
supersede and be lmplemented in lieu of any contract
language or City pollcyjpractlce whlch provldes a lesser
beneflt.
Before the issuance of any administrative procedures
pertaining to leave under the CFRA or FMLA, the City
agrees to dlscharge lts meet and confer obligation with
UTU.
33
ARTICLE V
5.01
5 02.
WORKING CONDITIONS
Safety
The Clty shall provlde a reasonably safe and healthy
worklng enVlronment ln accordance with applicable State
and Federal laws and other applicable laws and
regulatlons. The Recognized Employee Organizatlon agrees
that where safety devlces or items of protective
equlpment are requ~red or furnished, their use shall be
mandatory.
A representative of the Recognized Employee Organizatlon
may attend meetings of the Administratlve Safety
Committee when a safety hazard eXlsts which should be
considered by the Safety Committee.
All Motor Coach Operators required by the Director of
Transportation to attend departmental safety meetlngs
shall be compensated at the appllcable rate of pay for
actual time spent ln attendance at the meetlng.
As-Needed Motor Coach Operators
Notwithstandlng any past practlces or other provlslons
noted hereln, the Dlrector of Transportatlon may hlre as-
needed Motor Coach Operators as follows:
A. The maximum number of as-needed Motor Coach Operators
shall not exceed 20% of the number of full-tlme
budgeted Motor Coach Operators, rounded to the
nearest unlt.
As-needed Motor Coach Operators shall be used for the
purpose of worklng trippers not bid by regular full-
tlme Motor Coach Operators upon complet~on of the
normal shake-up bld process. The shake-up bid
process shall be deemed complete when the least
senlor full-tlme Motor Coach Operator has received a
work ass~gnment.
34
In additlon, as-needed Motor Coach Operators may work
any weekend asslgnment and regular weekday asslgnment
If open due to unscheduled or excused absence, with
the exceptlon of bid vacatlons, as long as the day-
off call 11St has been exhausted.
B. The total hours worked by any as-needed Motor Coach
Operator shall not exceed Slxty (60) hours In a
blweekly pay period.
C. As-needed Motor Coach Operators shall be pald for all
the tlme durlng WhlCh they are requlred to perform
any duties. As-needed Motor Coach Operators will not
be ellglble for time or pay guarantees or for penalty
pay provlslons
D. As-needed Motor Coach Operators will not be eligible
for paid leave or other frlnge benefits applicable to
full-tlme Motor Coach Operators, except as provided
ln thlS artlcle.
E. As-needed Motor Coach Operators wll1 not accrue
senlorlty while so employed. An as-needed Motor
Coach Operator who applles and lS accepted for
employment as a full-time Motor Coach Operator shall
for all purposes accrue serVlce and senlority only
from the date of hlre as a full-time Motor Coach
Operator.
F. As-needed Motor Coach Operators may be asslgned to
work charter asslgnments if the party chartering the
bus has speciflcally requested the Motor Coach
Operator lnvolved and if the Motor Coach Operator
requested meets the licenslng crlterla requlred of
charter bus drivers. As-needed Motor Coach Operators
shall be allowed to work charter asslgnments on the
date of the Rose Parade and Rose Bowl game or any
other day mutually agreed upon by the Chalrman of the
Commlttee of AdJustment and the Dlrector of
Transportation. However, full-tlme Motor Coach
Operators wlll be glven flTst chOlce to work the Rose
Parade and Rose Bowl Game asslgnments and asslgnments
on any other day mutually agreed upon by the Chairman
of the Committee of Adjustment and the Director of
35
Transportation, as noted above If lt becomes
necessary to lncrease charter bus1ness by ut111z1ng
as -needed Motor Coach Operators in another manner,
the Chairman of the Committee of AdJustment and the
Director of Transportation will meet to develop
appropr1ate procedures to mod1fy this section.
It is understood that on the above Rose Bowl or other
mutually agreed upon dates, as-needed asslgnments
shall not be Ilm1ted to tr1ppers, nor does paragraph
B above apply
G. As-needed Motor Coach Operators hlred after
July 1, 1995, will be paid an hourly wage rate equal
to the IIA~stepll described in Article I, Sect10n 1.13,
subsectlon B (1) . As-needed Motor Coach Operators
hlred after July 1, 1995, who become full-time Motor
Coach Operators during the term of thlS MOU shall be
placed at the IIA-step" described in Article I,
Section 1 13, subsection B(l) hereof, upon
appointment to the full-time posltion.
As-needed Motor Coach Operators hired prior to
July 1, 1995, who become full-time Motor Coach
Operators during the term of thlS MOU shall be placed
at the "A-step" descr1bed 1n Art1cle I, Section 1.13,
subsectlon B(2}.
H. A dally work sheet lncludlng the names and work
asslgnments of as-needed Motor Coach Operators will
be maintained ln the office of the dispatcher. A
11st of all as-needed Motor Coach Operators will be
maintained ln the office of the D1rector of
Transportation and wlll be avallable by appointment
for reV1ew by any author1zed off1clals of UTU Local
:785 during regular buslness hours.
I. Notwithstanding any provlsions noted above, as-needed
Motor Coach Operators may also be hired by the
D1rector of Transportation to work assignments which
are unwanted by full-t1me Motor Coach Operators.
Before any as-needed Motor Coach Operators are used
36
5 03
5.04.
under this paragraph I, sald asslgnments will be
offered to full-tlme Motor Coach Operators.
Assured Work Schedule
Regular Operators and Extra Operators who complete a
dally assigned run shall receive pay for elght (8) hours
at stralght time, even though the complete dally
assignment does not include eight (8) full hours of work.
Regular Operators and Extra Operators wl11 be paid at the
rate of tlme and one-half for worklng on any regular day
off, and such operator who works on a day off wl11 be
guaranteed a mlnlmum of five (5) hours and twenty (20)
minutes at tlme and one-half.
Regular Operators who complete a regularly asslgned split
run shall recelve pay for not less than eight (8) hours
at straight tlme durlng the first ten {10} hours of the
regular asslgnment, even though such asslgnment does not
lnclude elght (8) full hours of work, and time and one-
half for all elapsed time in excess of such te~ (10)
hours
When on any day, other than a day off or a hollday, an
Extra Operator 18 requlred to report for duty, the
operator shall recelve pay for not less than eight {8}
hours at stralght time, even though the asslgnment does
not lnclude eight (8) full hours of work, and tlme and
one-half for all elapsed time in excess of eleven (11)
hours. However, when an Extra Operator is asslgned a
regular run such Extra Operator will be pald under the
same conditions as a Regular Operator.
Slgn-on Tlme
A When a driver lS required by the Director of
Transportation to report to the dlspatcher ten (IO)
mlnutes before pull-out tlme, sald ten (10) minutes
shall be allowed at the regular rate of pay for the
37
5.05
purpose of checklng the bus to see that lt is ready
for assignment.
B. When a drlver is requlred by the Dlrector of
Transportatlon to report to the dlspatcher ten (10)
mlnutes before pull-out tlme for charter assignments,
said ten (10) minutes shall be allowed at the regular
rate of pay for the purpose of checklng the bus to
see that lt is ready for assignment.
C. When a driver lS requlred by the Director of
Transportation to report to the dlspatcher three (3)
mlnutes before leavlng to make relief on a Ilne, said
three (3) m1.nutes shall be allowed at the regular
rate of pay.
D When a drlver is requlred by the Director of
Transportation to drive a School Pupil ACtlvity Bus
Charter, the Director of Transportation wlll require
the drlver to report to the dlspatcher flfteen (15)
mlnutes before pull-out tlme. Sald flfteen (15)
minutes shall be allowed at the regular rate of pay
for the purpose of check1ng the bus to see that it is
:::"eady ln accordance w1.th School Pupil ActlVlty Bus
Charter requlrements
Accldent Report Tlme
All operators requlred by the Dlrector of Transportatlon
to fill out acc1.dent reports after completlng a run of at
least elght (8) hours shall receive compensation for the
tlme required to complete each such report at the
appllcable rate of pay, provlded that such payment shall
be 11ml ted to ~w~iJ.::Y -.1:0u..1.. (2';; LlLi.UU.L..t::'" thirty (3D)
mlnutes per report up until such time the City's new
payroll system is implemented. With the implementation
of the new payroll system, the operator shall be paid ten
dollars ($10) for completinq the required accident
report.
38
5.06
Employee parklnq
It lS hereby agreed that the Clty wl11 make every effort
to maintain free parklng as it presently eXlsts for City
employees at Clty facilitles. The employees covered by
this agreement recogn~ze that the City must comply wlth
Regulation XV issued by the Air Quality Management
Dlstrlct (AQMD) and the City'S Transportation Management
Plan Ordinance. If the use of posltlve lncentlves does
not result in the Clty meeting the Compllance
requirements of AQMD'S Regulatlon XV or the City'S
Transportation Management Plan Ordlnance w~thln one year
of the effectlve date of this agreement, lt lS understood
that the Clty can lmpleffient a charge for parking durlng
the term of thlS agreement ln order to meet those
requlrements. In addltlon, if it should become necessary
to charge for parking durlng the term of this agreement
in order to comply with any other state or federal
requlrements regardlng transportation management, the
Clty can lmplemel1t sald charge. However I ln no event
shall the City ~mplement such a charge for parklng
wlthout meeting and conferring with UTU should any
employee (s) represented by them be sub] ect to such a
charge.
39
ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS
6.01
6.02
6 03.
Payroll Deductions
It is mutually understood and agreed that the Clty will,
subject to the provls~ons of Ordinance 801 (CCS), and
durlng the term of thlS MOU, deduct monthly, and remlt to
the offlce or offlcer deslgnated 1n the employee payroll
deduction authorizatlon: Recognlzed Employee
Organizatlon dues, credlt union lnvestments or payments,
health and hospitalizatlon lnsurance premlums, and life
and accident insurance premlums. Any or all such payroll
deductions are subJect to termlnat~on by the City Manager
upon twenty-four (24) hours notlce for failure to comply
wlth the provlslons of thlS MOU
Reasonable Notice
It is mutually agreed and understood that a copy of the
Clty Council and/or Personnel Board agenda for each
meeting ma~led to the author1zed representatl ve of the
Recognized Employee Organizatlon shall const1tute
reasonable wr~tten not~ce, and notlce of an opportunity
to meet wlth such agencles, on all matters wlthin the
scope of representation upon WhlCh the Clty Councll or
Personnel Board may act.
union Securlty
A. Malntenance of Membershlp
Employee payroll deductlon authorizations for United
Transportation Unlon (UTU) , Local 1785 dues shall be
voluntary on the part of the employee but shall not
be subJect to un~lateral cancellatlon by the employee
during the term of the MOU Employee members of UTU
Local 1785 who are members of sald Local 1785 thirty
(30) days after the ratlflcatlon date of thlS MOU by
40
6 04.
the City Council and employees who thereafter become
members of said Local 1785 shall remaln as members of
sald Local 1785 for the term of thlS MOD.
B. Agency Shop
At such tlme as Local 1785 demonstrates that lt has
!L.Lw=__y \; G) percent membershlp (based on the number
of dues paYlng members represented by Local 1785 in
comparlson to the number of filled Local 1785
posltlons), the City agrees to grant Local 1785 an
Agency Shop provlslon, as described in Exhiblt A. At
such tlme as the Agency Shop provlslon becomes
effective, thlS MOV shall be amended to contain the
provislons in Exhlblt A, and Exhlbit A shall be ln
effect in lleu of paragraph A hereln.
C. Local 1785 agrees to and shall indemnlfy and hold
harmless the City of Santa Monlca, its Councll,
boards, commisslons, offlcers, agents, servants and
employees from and agalDst any and all loss, damages,
liabll1ty, claims, SUltS, costs and expenses,
whatsoever, lncludlng reasonable attorneys' fees,
regardless of the merlt or outcome of any such clalm
or SUlt, arislng from or ln any manner connected wlth
the operatlon of paragraphs A and B of Sectlon 6.03
or the provisions contalned in Exhibit A.
Grlevance and ComplalDt Polley
In the event any grlevances, disputes, or dlsagreements
arlse concernlng matters within the scope of
representatlon of the Recognlzed Employee Organlzatlon,
such grlevances, dlsputes or disagreements shall be
resolved as follows:
A Grievances, dlsputes or dlsagreements concernlng the
lnterpretatlon or appllcatlon of the terms of thlS
MOU shall be resolved, if possible, by meeting and
conferring in good faith. If unresolved by such
meetings, the parties shall consider submitting such
J.ssues to medlatlon as provlded by Ordlnance 801
(CCS) In the absence of agreement to medlate, or
fal1ure of medJ.atlon, or arbltration by mutual
41
6.05:
consent, the lssue shall be resolved by an action lTI
a court of competent Jurlsdlction on motlon by either
party. A grlevance will only be considered lf lt lS
flIed within thlrty (30) calendar days of the event
giving rlse to the grlevance or, in the event that
the employee could not have known of the event glvlng
rise to the grlevance, wi thln thlrty (30) calendar
days of the employee learnlng of the event.
B. Grlevances, dlsputes or disagreements lnvol ving
removals, demotlons or SllspenSl0ns shall be resolved
as provlded by the Cl vll Servlce provislons of the
Santa Monlca Munlclpal Code and the Clty Charter. A
grievance wlll only be cons1dered lf lt is filed
wlthin thirty (30) calendar days of the event glvlng
rlse to the grlevance or, 1n the event that the
employee could not have known of the event giving
rlse to the grievance, wlthin thirty (3 0) calendar
days of the employee learning of the event.
C. Other grievances, dlsputes and disagreements shall be
resolved as provided by the C1Vl1 SerVlce provisions
of the Santa Monlca Munlcipal Code. Representat10n
by the Recognlzed Employee Organlzatlon shall be
limlted, ln this class of grlevance, to appearances
before the lowest level of supervision not
represented by the employee organizatlon, the
Department Head, Personnel Director, and the Clty
Manager.
Druq and Alcohol Policy
There shall be a druq and alcohol policy in place to
comply with Federal requirements. The parties have
agreed that this policy shall be in conformity with the
Federal requlations. Should there occur any change in
the Federal requlations that would render any portion of
this policy invalid, then the parties will meet and
commence neqotiations to replace such invalid section.
If the City wishes to make changes to the policy, the
City will meet and confer with Local 1785 before
implementinq any changes.
42
IN WITNESS WHEREOF, the partles hereto have
Memorandum of Understanding to be executed this
, 1995 199B.
caused this
day of
By:
Unlted Transpo~tatlon Union
Local 1785
Clty of Santa Monica
Perclval Palmer, Chairman
Commlttee of AdJustment
John Jalill
City Manager
George Banks
Commlttee Member
Byron W:illlams
Commlttee Member
APPROVED AS TO FORM
Attest:
Marsha Jones Moutrie
Clty Attorney
City Clerk
43
EXHIBIT A
AGENCY SHOP
As long as L~U Local 1785, hereinafter referred to as Local 1785,
can demonstrate that ~t has a 90~ 70% membership (based on the
number of UTU Local 1785 dues paying members in compar~son to the
number of all f~lled UTU Local 1785 poslt~ons), the City agrees
to grant UTU Local 1785 an Agency Shop provision. Sald Agency
Shop provision shall be subject to the following terms and
conditions:
(1) An employee work1ng ~n a classiflcatlon covered by thlS MOU
shall, wlthln thirty (30) calendar days of his/her
employment, execute a payroll deduction authorizatlon form
as furn~shed by UTU Local 1785, and thereby elther 1) become
and remain a member in good standing in UTU Local 1785; or
2) pay to UT'J Local 1785 a monthly service representation
fee In an amount not to exceed the standard initlation fee,
periodic dues and general assessments of UTU Local 1785
durlng the term of thlS MOD.
(a) In the case of an employee who certifies he/she lS a
member of a bona flde religlon, body or sect WhlCh has
hlstorlcally held conSClentlollS obj ections to J olnlng
or financ~ally support1ng public employee
organlzatlons, such employee shall execute a payroll
deductlon authorizatlon form as furnished by UTU Local
1785, and thereby pay sums equal to the monthly serVlce
representatlon fee to a non-religlous, non-labor
charitable fund, chosen by the employee from a list of
at least three such funds which are exempt from
taxation under Section 501 (c) (3) of the Internal
Revenue Code The 11St of funds shall be provlded by
the City, and shall be made up of funds for whlch the
Clty offers payroll deductions.
(b) The City and UTU Local 1785 shall Jointly notify all
members of this unlt that they are requ~red to pay dues
or a service representation fee as a condition of this
Sectlon and that such amounts shall be automatically
deducted from the1r paychecks. The rellglous exemptlon
44
and the employees' rlghts under Government Code Section
3502.5 (Meyers-Milias-Brown Act, as amended) shall also
be explalned. The cost of thlS cornmunlcation and the
respons~bllity for lts dlstr~bution shall be borne by
UTU Local 1785.
(2) It is agreed that the City assumes no obligations to, ln any
manner, enforce the provisions of the above paragraphs
beyond ~mplementing any valid payroll deduction
author1zatlons submltted by unit employees authorizlng the
deduction of serVlce fees or other author1zed payments to
UTU Local 1785, or amounts in lleu of serVlce fees to
specified authorlzed charlt~es. Enforcement of the payments
that unlt employees are obligated to make under the above
paragraphs shall be wlthln the discretion and the sole
responslbll1ty of UT:} Local 1785 by way of C1V11 court
action agalnst such allegedly non-complying unit employee
(3) GTU Local 1785 shall, within Slxty (60) days after the end
of 1ts flscal year ln whlch the Agency Shop provlslon was
operat:1ve, provlde the City wlth detalled flnanclal
documen::ation, WhlCh shall meet the requlrements of
Government Code, Section 3502.5(d).
(4) It is recognlzed that 'U1''U Local 1785, as the exclusive
representative of all unit employees, lS required to
represe~t all unlt employees falrly and equally wlthout
regard to union membership or non-membership or their
assertlon of rlghts under this MOD or the law
(5) Upon request by UTU Local 1785, the City shall furnlsh UTU
Local 1785 wlth the name and date of hire of all newly hired
employees subJect to this MOD, along with verlflcation of
transmittals to any charltable organlzatlons
ft.7..~ r-'"Cl; 199;5-02 I
45