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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. 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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