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R-8938 e e RESOLUTION NO. 8938 (CITY COUNCIL SERrES) 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 a Memorandum of Understanding covenng the wages, hours and other terms and conditions of employment; and WHEREAS, Section 2 06 of Ordinance No. 801 (CeS) 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 (eeS) further provides that any such Memorandum of Understanding shall not be binding unless and until presented to the governing body for determmatlon, and e e 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOllOWS: Section 1. The City Council of the City of Santa MonIca does hereby approve and authorize the City Manager to execute a Memorandum of Understanding executed by the United Transportation Union, local 1785, a copy of which IS attached hereto Section 2 The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be m full force and effect. APPROVED AS TO FORM' ~ 'l(E! "1'2'") e e MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND UNITED TRANSPORTATION UNION LOCAL 1785 TABLE OF CONTENTS ARTICLE/SECTION NUMBER ARTICLE I. GENERAL PROVISIONS Parties to Memorandum Section 1.01: 1.02. 1.03: 1.04: 1.05: 1.06: 1.07: 1.08: 1.09: 1.10. 1.11: 1.12: 1.13. 1.14: 1.15: Purpose Term of Agreement City Council Approval Recognized Employee Organ1.zat1.on. . Scope of Representation . . . . . Full Understanding, Modification & Waiver Management Rights Reserved. . . . . . Peaceful Performance of City Services Val1.dity of MOD '.'_ Captions for Conven1.ence. . Equal Employment. Definit1.ons Overpayment Remedy. Payments at Termination - 1 - PAGE # . 4 4 4 . . . 5 . 5 5 6 6 7 7 8 8 9 . .12 .12 e e ARTICLE II. COMPENSATION Section 2.01: Effect1.ve Date of Increase. 2 02 : Salaries 2.03: Overtime. . . . ARTICLE III. SUPPLEMENTAL BENEFITS Section 3.01: Retirement. . . 3.02. 3 03: 3.04: 3.05 : 3.06: 3.07. 3.08: 3.09 : 3.10: ARTICLE IV. Sect1.on 4.01: 4.02: 4.03: 4.04: 4.05. 4.06: 4.07: 4.08: 4.09: .13 .13 . .14 .15 Health Insurance Programs .15 Unused Sick Leave Upon Retirement . .16 Tuition Reimbursement . .16 Uniform Allowance . . . .. .17 Eye Examinations. .18 Motor Coach Operator Trainee Instruct1.0n. .18 Bus Passes. . . . . . .18 S.P.A.B. License. .18 Deferred Compensat1.on .18 LEAVES Paid Holidays . Vacation Leave. S1.ck Leave. . Leave of Absence Without Pay. Military Leave. Jury Duty . . . Worker's Compensation Leave Parental Leave. . .19 .20 .20 .21 22 .22 .23 .23 . .23 Family Leave. . - 2 - e e ARTICLE V. WORKING CONDITIONS Section 5.01: Safety. . . 5.02: As-needed Employees 5.03: Assured Work Schedule 5.04: Sign-on Time. . 5.05. Accldent Report Time. 5.06: Employee Parking. . . .25 . .25 .27 .28 .28 28 ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS Section 6.01: 6.02: 6.03: 6.04 : Payroll Deductions. Reasonable Notice Union Secur1.ty. Grievance and Complaint Policy. .30 .30 .30 31 EXHIBIT A - Agency Shop - 3 - e e UNITED TRANSPORTATION UNION -- LOCAL 1785 CITY OF SANTA MONICA ARTICLE I. 1.01. 1.02. 1.03. GENERAL PROVISIONS Parties to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Ordinance No. 801 (CCS) of the City of Santa Monica, and has been executed by the C1.ty Manager on behalf of the City and by appropriate offlcials of the United Transportation Union (UTU) , Local 1785 (UTU) , on behalf of employees occupY1.ng the job classification of Motor Coach Operator. Purpose The parties agree that the purpose of this MOD is: to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered hereini to provide an orderly and equitable means of resolving differences which may ar1.se under this MOD, and to set forth the full agreements of the part2es reached as a result of meeting and conferring in good faith regard1.ng matters within the scope of representation of employees represented by UTU Local 1785. Term of Aqreement Th1.s agreement shall be effective as of the 1st day of July 1995, and shall remain 1.n full force and effect until June 30, 1998. It shall be automat locally renewed from year to year thereafter unless either party shall not2fy the other in writing not later than March 1 of 1998 and of each subsequent year that lot des1.res to terminate or modify this agreement, and specifically indicates requested modifications. In the event that such notice is given, negot1.ations shall beg1.n no later than April 15 with a s1.gned contract des2red by July 1. - 4 - 1.04. 1. 05. 1 06. e e C1.ty Council Approval It is the mutual understanding of all the parties hereto that this MOD is of no force or effect whatsoever unless or until ratified and approved by resolut~on duly adopted by the City Counc1.1 of the City of Santa Monica. Recogn1.zed Employee Organization - UTU Local 1785 United Transportation Union Local 1785 l.S hereby acknowledged as the Recognized Employee Organizat~on representing only the job classlfication of Motor Coach Operator, pursuant to Section 3.04 (c) of Ord1.nance No. 801 (CCS). It is the mutual understand1.ng of the part~es hereto that acknowledgment of UTU Local 1785 as the recognized employee organization: A. Does not preclude employees in such job classiflcation from representlng themselves individually l.n their employment relations with the City. B. Does not preclude or restrict the r~ght of management officials to meet and consult W1.th employees in such employment position classificat~on concern1.ng their employment relations with the C1.ty. C. "Employee Representative" wi thin the meaning of this agreement shall be a person or persons holding membership in UTU Local 1785 and employed by the City of Santa Mon1.ca as a Motor Coach Operator or an International Representative of UTU. Scope of Representation The scope of representation of the Recognized Employee Organization shall include all matters relating to employment conditions and employer-employee relations includ1.ng, but not 11.mited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representat1.on shall not include consideratlon of the merits, necessity, or organizat1.on of any serv1.ce or act1.vity prov1.ded by law or executive order and shall be exercised or performed in compl1.ance with the provisions of Ordinance No. 801 (CCS). - 5 - 1. 07 1.08. e e Full Understandinq, Modification & Waiver The parties agree that each has had full and unrestricted right and opportun1.ty to make, advance, and d1.sCUSS all matters properly within the scope of representation as outl1.ned in Sectlon 2.05 of Ordinance No. 801 (CCS). This MOU constitutes the full and complete agreement of the partles and there are no others, oral or wrltten, except as spec1.fied in this agreement. All preliminary negotiat1.ons are merged hereln Each party, for the term of this MOD, specifically waives the r1.ght to demand or petition for changes herein, whether or not the subjects were known to the part1.es at the time of execution hereof as proper subjects within the scope of representation as outlined in Section 2.05 of Ordinance No. 801 (CCS). The wages, hours of work and other terms and conditions of emplOYment covered by thlS MOD, 1.ncluding those wages, hours of work and other terms and condit1.ons of employment in existence prior to this MOD although not specifically referred to 1.n this MOU, shall constitute the wages, hours of work and other terms and conditions of employment for the term of this MOD. Manaqement Riqhts Reserved The City reta1.ns all r1.ghts not specif1.cally delegated by this agreement, 1.ncluding, but not lim1.ted to, the exclusive right to: A Dlrect, superv1.se, hire, promote, transfer, assign, schedule, and retain employees; and, for proper cause, suspend, discipline and discharge employees. B. Relieve employees from dutles in accordance with Section 2.04.660 of the Santa Monica Mun1.cipal Code. C Determlne the services to be rendered, operations to be performed, utl1ization of technology, and overall budgetary matters D. DetermJ.ne the appropriate job class1.fications and personnel by which government operations are to be conducted. E. Determine the overall miss1.on of the un1.t of government. F. Maintain and improve the effic1.ency and effect1.veness of government operations. - 6 - 1. 09. 1.10. e e G. Take any necessary actions to carry out the mission of an agency in situations of emergency. H. Take whatever other act1.ons may be necessary to carry out the wishes of the public not otherwise specified above or by collective agreement. Peaceful Performance of City Serv1.ces It is mutually understood and agreed that participation by any employee in a str1.ke or a concerted work stoppage terminates the employment relationship 1.n the absence of specif1.c written waiver of such termination by an authorized management offic1.al. A. The protection of the publ1.c health, safety, and welfare demands, and the parties agree, that none of the parties hereto nor any person act1ng in concert with them will encourage, condone, assist, sanction or take part in any strike, walkout, s1.tdown, slowdown, concerted work stoppage, picket1.ng, stay- away, retarding of work, abnormal absenteeism, withholding of services, or any other form of interference with or limitation of the peaceful performance of City services. Violat1.on of any provision of th1.s MOU by either party hereto shall be cause for either party to avail itself of whatever remedies may be available to the parties l.n law or in equity. B. In the event that there occurs any strike, concerted work stoppage, cessation of work, slowdown, sitdown, stay-away, 111egal picketing, or any other illegal form of 1.nterference with or 11.mitat1.on of the peaceful performance of City serV1.ces, the City, in addition to any other lawful remedies or disc1plinary actions, may by action of the City Manager, cancel any or all payroll deductions, proh1.bit the use of bulletin boards, prohibit the use of C1.ty facilities, and prohibit access to former work or duty stations. C. The City agrees that there shall be no general lockout of barga1ning unit members. Validity of MOU If any provision of this MOU 1S determined to be invalid or 1.1legal by a court of competent jurisdict10n, then such prov1sion shall be severed from this MOU, but the remainder hereof shall remain in full force and effect. - 7 - 1.11. 1.12. e e The parties hereto shall immediately commence to negotiate for the purpose of replacing any such invalid or illegal provision. Should any change be made in any Federal or State law, or in any rules and regulations implementing such legislation, or in any C1.ty Charter prov1.sion or C1.vil Service Rule and Regulation which would be appl1.cable and contrary to any prov~sion herein contained, then such provision of this MOD shall be automatically terminated, but the rema1.nder of this MOU shall remain in full force and effect. Such legislatlon and/or rules and regulations shall supersede this MOD and appl~cable clauses shall be substituted for those ruled invalid or illegal. The parties hereto shall lmmediately commence to negotiate for the purpose of replacing any such invalld or 1.11egal provision. Further, if any additional costs for compensatlon to employees covered by this Agreement would be 1.mposed on the C1.ty because of the interpretation and/or application of any provision (s) of this Agreement by reason of the Fair Labor Standards Act (FLSA), such prov1.sion(s) shall become inoperative to the extent that such provision(s) impose(s) additional costs on the City Such provislon (8) shall be changed to create no additional costs to the City by reason of the application of the FLSA. Captions for Conven1.ence The captions herein are for convenience only and are not a part of the MOD and do not in any way limit, define, or amplify the terms and provisions hereof. Equal Employment It is agreed by both parties to this MOD that they will fully comply W1.th all applicable local, State and Federal laws, rules and regulations governing equal employment opportunity. The Affirmat1.ve Action Program and the Sexual Harassment Policy of the City of Santa Monica are aff1.rmed by both part~es to th1.s MOD and 1.ncorporated by reference herein. Both parties also agree to ab1.de by the requirements of the Americans with Disabllities Act (ADA) . - 8 - 1.13. e e Definitions The following defin1.tions are to be applied ln the interpretat1.on of this MOU. A. 11Salary Range 11 for full-time Motor Coach Operators shall mean the f1.ve step (A through E) hourly or monthly pay scale descr1.bed in B below. B. 11Salary Range Steps" for each Job classification covered herein shall mean and be established to bear the following percentage relationship to the E-step salary computed to the nearest cent, with attainment based upon the following amounts of service in the position: (1) For employees h1.red after July 1, 1995 Step A - 60% of Step E dur1.ng 1st year of employment Step A1 - 70% of Step E . . . during 2nd year of employment Step B - 75% of Step E . . during 3rd year of employment Step C - 85% of Step E . . . dur1.ng 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 h1.red after July 1, 1992, but before July 1, 1995: Step A - 70% of Step E . . . dur1.ng 1st and 2nd years of employment Step B - 75% of Step E . . . dur1.og 3rd year of employment Step C - 85% of Step E . . . during 4th year of employment Step D - 90% of Step E . . . during 5th year of employment Step E .. after 5th year of employment - 9 - e e (3) For employees hired before July 1, 1992: Step A - 81% of Step E . . . dur1.ng 1st and 2nd years of emploYment Step B - 85% of Step E . . . during 3rd year of emploYment Step C - 90% of Step E . . . during 4th year of emploYment Step D - 95% of Step E . . . during 5th year of emploYment Step E . . . . . . . . . . . . . . . . after 5th year of emploYment (4) There will be no step increase of any kind as a result of a NOT ACCEPTABLE rating. There will be no subsequent increase in wages until the NOT ACCEPTABLE rat1.ng has improved to at least the SATISFACTORY level. The only exception to this prov1.sion shall be a NOT ACCEPTABLE rating based solely on passenger complaints. An employee affected by this provlsion may be rated every n1.nety (90) days thereafter, until performance reaches at least a SATISFACTORY level. If the employee has not been rated with1.n ninety (90) days of the NOT ACCEPTABLE rat1.ng, he/she may subm1.t a request to be rated to the Trans1.t Operat1.ons Superv1.sor, who w1.11 then rate the employee. If the rating is at least at the SATISFACTORY level, the employee shall rece1.ve any step increase to which he/she is ent1.tled with the effectlve date of sa1.d increase to be the payroll per1.od that l.S closest to the end of the ninety (90) day period following the date of a NOT ACCEPTABLE performance rating. C. "Nearest Cent II shall mean the next lower cent when the computed amount is 50/100 cents or less and the next higher cent when the computed amount is 51/100 cents or more. D. "Full-Time Employee" shall mean: (1) A person who 1.S legally an incumbent of a line- l.tem position (in this case, Motor Coach Operator) i or (2) A former legal incumbent of a 11.ne-item pos1.tion (in thi s case, Motor Coach Opera tor) on author1.zed leave of absence from a regularly budgeted position wh1.ch positlon is being held pend1.ng the employee's return. - 10 - e e E. "Date of Entrance Anniversary II shall mean the date wh1.ch recurs annually after the date of entry into the position of Motor Coach Operator l.n the classif1.ed service of the City of Santa Monica, either by original employment or reemploYment. The date of entrance for employees with broken service shall be considered as that date on WhlCh the last unbroken serv1.ce was effective. F. "As-needed Position" shall mean a posit1.on which is (a) not specifically itemized in the budget but authorized under temporary employees; (b) paid in accordance with FLSA for all hours worked; (c) not el1.gible to accumulate fringe benefits; and (d) to be f1.11ed from elig1.ble lists when possible but which may be filled at the discretion of the Personnel Director, with qualified applicants not on elig1.ble lists since such pos1.tions cannot acquire civil service status. Wages, hours and other condltions of emploYment of as-needed employees are not covered in this MOU except as noted in Article V, Section 5.02. G. "Regular Operator" shall mean a Motor Coach Operator who has bid a regular run or assignment. H. "Extra Operator" shall mean a Motor Coach Operator who does not bid a regular run or assignment and whose work assignments are all made through the extra board. I. "Extra Board" shall mean the procedure by which open runs or work ass1.gnments are made. J. lIRegular Run" shall mean a work ass1.gnment which is lncluded, by the management, in a posted breakdown of operating schedules and conta1.ns regular working time and regular pay time. K. "Straight Run" shall mean a run that has continuous pay time from the time of starting to work until the run is completed. L. "Spl1.t Run" shall mean a run that has two or more parts with elapsed time between the ending and beginning of each part. M. rlTripper" shall mean any work shown on a schedule wh~ch is not part of a regular run. N. rrWork Periodrr shall mean the recurring 7-day cycle commencing at 3'00 a.m. Sunday through 2:59 a.m. the following Sunday. - 11 - ......... 1.14. 1.15. e e Overpavrnent Remedy Employees covered herein shall reimburse the C1.ty for any overpaYment of wages or benef1.ts. Said re1.mbursement shall not be required untll the City notif1.es the affected employee in writing. Reimbursement may be accomplished by a lump-sum deduction made on the next subsequent employee payroll warrant following overpaYment not1.fication, or by other reasonable repaYment method mutually acceptable to the employee and the City, except that lump-sum deduction shall be required ~f the next subsequent employee payroll warrant lS the final or terminat1.on warrant issued to the affected employee. Payments at Term1.nat1.on When full-time employees covered herein leave the serV1.ce of the City of Santa Monica they shall be entitled to lump-sum payoff of vacation leave only. No claim shall be made against the City for the use or payoff of unused s1.ck leave, nor shall the effective date of term1.nation be extended by use of sick leave or vacation. - 12 - e e ARTICLE II. COMPENSATION 2 01. 2.02. Effectlve Date of Increase The rate of pay of any employee receiving, on the day preceding the effective date of this MOU, less than the amount prescribed for the employee's class and length of serv1.ce as provided herein, shall be increased to the amount prescribed for the class and length of serV1.ce on the payroll drawn for the pay period closest to the effective date of this MOD. Notwithstanding any other provision contained hereln, changes in salary rates shall become effectlve on the flrst day of the payroll period specified in Section 2.02 below, "Salaries." Salaries Salar1.es of full-time employees covered herein shall be on an hourly rate, paid on a biweekly equivalent basis. A. Effective June 25, 1995, the E-step salarles for all employees covered hereunder shall be $17.00 per hour. B. Effectlve July 7, 1996, the E-step salaries for all employees covered hereunder shall be $17.41 per hour. C. Effective January 5, 1997, provided the Revised Consumer Prlce Index as reported (for Urban Wage Earners and Clerlcal Workers, 1967=100) for Los Angeles-Riverside-Anaheim, California, published by the U.S. Department of Labor, Bureau of Labor Statistics, hereafter referred to as CPI, has risen 5% or more for the s1.x-month per1.od of April 1, 1996, through September 30, 1996, E-step salaries for all employees covered hereln shall be adjusted upward by 2%. If the annualized percentage rate of increase for the perlod noted above is equal to 13 %' or more, said upward adjustment of E-step salaries shall be equal to two-thirds of the difference between the actual annualized percentage increase of cpr and 10%. If the CPI has risen by 10% or more (20% or more annualized) during the aforesaid six-month period, meet and confer contract negot~ations concernlng salaries only shall recommence. D. Effective July 6, 1997, the E- step salaries for all employees covered hereunder shall be $17.98 per hour. - 13 - 2.03. - e E. Effectlve January 4, 1998, provlded the Revised Consumer Price Index as reported (for Urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles-Riverside-Anaheim, California, published by the U.S. Department of Labor, Bureau of Labor Statistics, hereafter referred to as CPI, has risen 5% or more for the six-month perlod of Apr1.1 1, 1997 through September 30, 1997, E-step salaries for all employees covered herein shall be adjusted upward by 2%. If the annualized percentage rate of increase for the period noted above 1.5 equal to 13% or more, said upward adjustment of E-step salar1.es shall be equal to two-thirds of the difference between the actual annualized percentage increase of CPI and 10%. If the CPI has risen by 10% or more (20% or more annualized) dur1.ng the aforesaid six-month period, meet and confer contract negot1.ations concerning salaries only shall recommence. Overt 1. me Regular Operators and Extra Operators shall be pa1.d for overtime work performed at the direction of the Director of Transportat1.on at the rate of time and one-half for each hour in excess of eight (8) hours in anyone (1) day and each hour in excess of forty (40) hours in any work period, computed to the nearest tenth (.lO) of an hour. Regular Operators and Extra Operators who are not scheduled to work on a holiday shall be paid for eight (8) hours at straight time for each of the authorized holidays. Regular Operators and Extra Operators who are required to report for duty on an authorized holiday shall be paid double time for all hours worked. In no event, however, shall the pay received be less than the equ1.valent of thirteen (13) hours and twenty {20} minutes at straight t1.me. Any full-tlme operator who is scheduled to work on a hol1.day and who fa1.1s to work because of a miss-out shall not receive pay for that day. - 14 - e e ARTICLE III. 3.01 3 02 SUPPLEMENTAL BENEFITS Retirement The Clty is a contract member of the Public Employees' Retirement System (PERS), and it is understood and agreed that such membership will be maintained and that employee elig1b1.1ity, class1.fication, contribut1.ons, and benefits are as prescribed in the contract between the City and PERS heretofore approved by the Santa Monica C1.ty Council. Health Insurance proqrams A. Medical Insurance Effect1.ve July 1, 1995, the City agrees to pay up to a maximum of $475.00 per month towards the cost of medical insurance coverage for employees and el~gible dependents provided that employees covered herein partlC1.pate in the City-offered medical 1.nsurance programs. The cost of medical l.nsurance coverage will be set each January 1st and will be a II composite II monthly 1.nsurance premium derived by d1.viding the total monthly insurance premium for all medical plans offered by the City, except the PERS medical plans, by the total number of employees enrolled in said medical plans as of January 1st. Any extra payment required under such plans shall be paid by the employee elect1.ng such coverage Effective July 1, 1996, the maximum amount up to which the City agrees to pay towards the cost of medical insurance coverage will be equal to the highest medical l.nsurance premium contribution cap established for any of the C1.ty's other barga1.ning uni ts, excluding any premium contribut1.on cap establ1.shed for bargaining units who partic1.pate in the PERS medical plans. The same terms and condi tions outl1.ned in the first paragraph of th1.s Sect1.on will still apply. Effective July 1, 1997, the maximum amount up to which the City agrees to pay towards the cost of medical insurance coverage will be equal to the highest medical insurance prem1.um contribution cap estab11shed for any of the City's other bargain1ng units, exclud1.ng any premium contr1.bution cap establ~shed for bargain1.ng units who part1.cipate in - 15 - 3.03. 3.04. e e the PERS med1.cal plans. The same terms and cond1.tions outllned in the first paragraph of th1.S Section will still apply. B. Dental Insurance Dental insurance coverage shall be prov1.ded at no cost to employees and their elig1.ble dependents provided that employees covered herein partic~pate in the City-offered dental insurance programs. C. Vis1.on Insurance The City agrees to provide vision care lnsurance, at no cost I to employees covered herein. The City retains the right to select the provider and to set the levels of coverage for sald vislon care insurance plan. The Clty also retains the rlght to change the prov1.der of sa1.d vision insurance plan and/or the level of benefits prov~ded under that plan without meeting and conferr1.ng. Unused Sick Leave Upon Retirement Employees with ten (10) or more years of City service who retire from employment with the Cl ty shall rece1. ve the following: (1) For each seventy-f1.ve (75) days of unused sick leave accrued in the employee's slck leave bank at the date of ret~rement, one (I) year of health lnsurance shall be furnished to the retiree, at the appropriate retiree premium, provided that the employee part1.cipates in one of the City's health plans for retirees. (2) If the employee has over 225 days of slck leave (which quallfies him/her for three (3) years of payments as described 1.n subparagraph (1), above], he/she shall be able to qualify for addit1.onal years' payments at the rate of one (1) additional year for each fifty (50) days. Any sick leave amounts which are left over after deducting full fifty (50) day increments, or any amounts less than fifty (50) days, shall not be counted or compensated l.n any way under this program. Tuition Reimbursement It 1.S agreed that the City w1.11 budget annually an amount equal to $10.00 per full-t1.me employee In the appropriate - 16 - 3.05. . e un1.t for tuition and required study material re1.mbursement for career improvement study approved by authorized management officials. Reimbursement shall equal the total cost of tuition (exclus1.ve of parking, lodging and meals) and the total cost of required study materials, provided, however, that: A The maXlmum annual amount of reimbursement per individual employee shall not exceed $500.00, subJect to the availab1.1ity of budgeted funds as described above B. Enrollment in the shall be approved management off1.cial. career improvement study course in advance by an author1.zed C. The study course must be directed to qualification for an employment position represented in the City work force. D The employee must exhlbit some reasonable expectat1.on of qualifying for such posit1.on upon successful completion of the study course. E. Re1.mbursement shall be made only in installments upon successful completion of prescribed units of study required by study course approved. F. In no event shall the City's reimbursement be reduced when there is an outside source of aid except in those cases where the aid from any outside source, plus the normal City reimbursement, exceeds the cost of tU1.tion and study material for the approved study course. G. If approved tU1.tion reimbursement costs budgeted amount as described above, the costs will be prorated so as not to budgeted amount. exceed the reimbursed exceed the Uniform Allowance Each employee occupying a regularly authorized full-time position of Motor Coach Operator shall receive a monthly uniform maintenance allowance of $30.00. An employee W1.11 not be el1.gible to receive a uniform allowance until he/she has successfully completed six (6) months of employment as a regularly author1.zed full-t1.me Motor Coach Operator. Upon successful completion of the required six (6) months of employment, the employee shall receive a lump sum payment of $180.00, which represents S1.X (6) months of un1.form allowance at $30.00 per month. - 17 - 3 06. 3.07. 3.08. 3.09. 3.10 e e This payment shall be made as regular paycheck. Thereafter, $30.00 per month W1.11 be pa1.d paid on a regular paycheck. a part of the employee's the uniform allowance of once a month and will be Eye Exam1.nat1.ons City agrees to pay for the eye examination required for reissue of Class A and Class B Californ1.a Operators License. Said examinations shall be performed by doctor(s) des1gnated by the City. Motor Coach Operator Trainee Instruct1.on A Motor Coach Operator assigned as Motor Coach Operator Trainee shall per hour bonus when so ass1.gned, regular salary. an instructor with a be paid a flat $1 50 1.n addition to the Bus Passes All Motor Coach Operators shall be issued free bus passes. Retired Motor Coach Operators who have taken normal serV1.ce retirement and who 11.ve with1.n the area served by the Transportat1.on Department shall be issued free bus passes upon request. S.P A.B. License The City agrees to re1.mburse all employees for the init~al acqu1sition or for renewal of a S.P A.B. license and for the renewal of a Class A or B driver's license. Deferred Compensation It is hereby agreed that employees covered herein will be offered part1.cipation in the C1.ty's deferred compensation plan. - 18 - e e ARTICLE IV. LEAVES 4.01. Paid Holidays A. Employees shall receive the follow1.ng pald holidays: Upon h1.re in a full-time position: New Year's Day Martin Luther King's Birthday Washington's B~rthday Memorial Day Independence Day Labor Day Thanksgiv1.ng Day Christmas Day B1.rthday of Employee One floating holiday Add1.tionally, after one year of employment: Easter Sunday Additionally, after two years of employment: One addit1.onal float1.ng holiday B. Floating hol1.days, subj ect to management approval, may be taken at any time throughout the fiscal year. Payment for these floating hol1.days shall be eight (8) hours straight tlme pay. This holiday benefit will accrue on a f1.scal year basis and will be available to each act1.ve employee who is on the payroll at each July 1, and who has attained six (6) months service prior to that date. This hollday benefit cannot be carried over from year to year i however, eliglble employees may receive eight (8) hours stra1.ght t1.me pay ln lieu of tak1.ng the holiday. C. The administration or application of paid holiday provisions and the scheduling and payment for such holidays shall be as prescribed herein and 1.n accordance with the Civll Service provlslons of the Santa Monica Munic1.pal Code and past practices. - 19 - 4.02. 4.03. e e Vacation Leave Each employee occupying a regularly authorized full-time position of Motor Coach Operator shall accrue vacation leave with pay on the following basis: A. Following complet1.on of the f1.rst six (6) calendar months of cont1.nuous service - six (6) work1.ng days. B. Thereafter, up to and 1.ncluding ten (10) completed years of serV1.ce - one (1) working day per completed calendar month of service. C. Upon completion of ten (10) years of serv~ce - 1.5 working days for each completed calendar month of service. D. Upon completion of f1.fteen (15) years of service and thereafter 1.75 working days for each completed calendar month of serV1.ce. E. The administration or application of vacatlon leave provlsions and the limitatl.ons on the accumulatlon, proport1.onate accumulation, scheduling and paYment for such leave shall be as prescribed l.n the Civil Service provisions of the Santa Monica Municipal Code. Sick Leave Sick leave shall be defined and admlnistered as Section 2.04.570 of the Santa Monica Municipal hereby 1.ncorporated as if set forth in full. in Code The follow1.ng provisions shall apply to sick leave: A. For the sixth inc1.dent of sick leave in a twelve- month period, the first day of such sick leave shall be without pay. B. For the seventh, e1.ghth, and n1.nth incidents of s1.ck leave 1.n a twelve-month per1.od, the f1.rst three (3) days of such sick leave shall be without pay. C. Beginning with the tenth l.ncident and for any subsequent incident of sick leave ln a twelve-month period, such sick leave shall be without pay. D. Any use of slck leave which involves hosp1.talization shall not be considered a sick leave incident for the purposes of computing sick leave inc1.dents per twelve-month period as specif1.ed in A through C - 20 - 4.04. e e above, provided that proof of hospitalization is furnished to the Director of Transportat1.on upon the employee's return to work. E. The periods des1.gnated as lIwlthout payll noted above shall be "with pay" provided an employee has accrued the following amounts of unused s1.ck leave: Lenqth of Service 1-5 years 5-10 years 10 years+ Minimum number of accrued sick leave days required to allow payments: 50 days 75 days 85 days F. For all full-time Motor Coach Operators, sick leave accrual shall be as follows: (1 ) (6) completed calendar (6) working daysi of After S1.X serv1.ce, six months (2) Thereafter, one (1) working day for each completed calendar month of serv1.ce. Leave of Absence Without Pay An employee may be granted a leave of absence without pay upon application approved by the Department Head, or designee, and the City Manager. Such leave may not exceed one (1) year's time. Upon expiration of the leave, the employee shall be reinstated to the position held before the leave was granted. Such leave shall be granted only in those cases where an employee's record of service and qualificat1.ons make lot desirable for the City to retain the employee's services even at the cost of some l.nconven1.ence to the C1.ty. If a member of the bargain1.ng unit accepts an officlal posit1.on with the United Transportation Un~on (UTU) International Union, subject to the approval of the appointing authority and the City Manager, the employee shall be granted the necessary leave of absence for such official pos1.t1.on or service. The employee shall retain and accumulate departmental senior1.ty while on said leave of absence. No more than one member will be allowed such leave at the same time. Such leave of absence shall be for the term of the position or service and shall be renewable upon request as long as the renewal is approved by the appointing authority and the City Manager. - 21 - 4.05. 4.06. e e Military Leave A full-time employee covered herein, who in time of war or national emergency as proclaimed by the President of the United States or the Congress of the United States, or while any national conscription act is in effect, 1S inducted into the armed forces of the United States or who leaves employment W1.th the C1.ty to enter voluntarily the armed forces and w1.thin a reasonable time after leaving employment with the City does so enter such service, shall be granted a leave of absence w1.thout pay for the duration of the period of active service w1.th such armed forces. If such employee receives an honorable discharge or its equ1.valent and the posit1.on st1.11 exists and the employee is otherwise qualified to fill the same, the employee shall have the right to return to the posit1.on with the C1.ty within six (6) months after the termination of such active service but shall not have a r1.ght to so return later than S1.X (6) months after the end of the war or after the t1.me the President or Congress proclaims the national emergency is terminated, or after the expiration of the national conscription act. Such an employee shall rece1.Ve seniority and other credits on the same bas1s as though the employee had remained in the City service and had not taken such m1.1itary leave. Leaves of absence with pay for temporary mil~ tary duty shall be granted in accordance w1.th appl1.cable state law. Jury Duty Any employee covered herein, when duly called to serve on any Jury and when unable to be excused therefrom, shall rece1.ve the regular base compensation, less all jury fees rece~ved, excluding m1.1eage, for the t1.me required to be spent in court, provided that an 1.ndividual employee will be so paid 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 service to accommodate the operat1.onal needs of the department. The City will only pay the regular base compensation supplement for those who cooperate with any request by the Department Head, or his des1.gnee, to defer or delay jury serv~ce. Whenever daily jury duty scheduling permits, employees shall return to their regular job ass1gnment to complete their regular work hours. - 22 - 4.07. 4.08. 4.09. e e Worker's Compensation Leave Employees shall be entitled to only those Worker's Compensation benefits specified under State law. An employee shall be allowed to supplement the Worker's Compensation beneflt rece1ved under State law w1.th available accrued vacat1.on hours, so that the total number of vacat1.on hours, along with the Worker's Compensation benefit, produces an hourly wage no greater than the employee's base rate of pay For th1.s purpose, vacation time can only be used in one-hour increments. Parental Leave Employees who demonstrate that they have primary responsibility for the care of a new child, shall be entitled to a leave of absence totaling four (4) months lmmed1.ately following the ch1ld's birth or adoption and shall be returned to the same l1.ne-item position occup1.ed prior to the leave upon its expiration. Primary responsib1.1ity may be established by provid1.ng documentation that the employee's spouse is medically incapacitated or when the spouse 1.S gainfully employed during hours the employee is normally scheduled to work and no schedule change for the employee's spouse l.S poss1.ble. Paid vacation leave, and sick leave if applicable, as well as unpaid leave shall be counted toward the four (4) month total. Additional leave may be requested under the provis1.ons of Article 4.04 of this MOU. In the event of a conflict with State or Federal law, the City will comply with the provisions of applicable State or Federal law. Maternlty leave is not the same as parental leave and shall be adm1.nistered in accordance w1.th State and Federal law. When an employee returns to work following maternity leave, said employee shall be re1.nstated to her former pos1.tion. Family Leave The City agrees to l.mplement family and medical leave l.n accordance w1.th the Californ1.a Family R1.ghts Act (CFRA) and the Federal Faml1y and Medical Leave Act (FMLA) for all employees covered herein. These statutes shall supersede and be l.mplemented in lieu of any contract language or City policy/practice which provides a lesser benefit. - 23 - e e Before the issuance of any adm1.nistrative procedures pertaining to leave under the CFRA or FMLA, the City agrees to d1.scharge its meet and confer obligation with UTU. - 24 - e e ARTICLE V. WORKING CONDITIONS 5.01. 5.02. Safety The City shall provide a reasonably safe and healthy work1.ng environment in accordance with applicable State and Federal laws and other appl1.cable laws and regulat1.ons. The Recognized Employee Organization agrees that where safety devices or items of protect~ve equ1.pment are required or furnished, their use shall be mandatory. A representat1.ve of the Recognized Employee Organization may attend meetings of the Adm1.nistrat1.ve Safety Comm1. t tee when a safety hazard eX1.sts which should be considered by the Safety Comm1.ttee. All Motor Coach Operators requ1.red by the Director of Transportation to attend departmental safety meetings shall be compensated at the applicable rate of pay for actual t1.me spent in attendance at the meeting. As-Needed Employees Notwithstanding any past pract1.ces or other prov1.sions noted here1.n, the Director of Transportat1.on may hire as- needed employees as follows: A. The maximum number of as-needed employees shall not exceed 20% of the number of full-time budgeted Motor Coach Operators, rounded to the nearest unit. As-needed employees shall be used for the purpose of working trippers not b1.d by regular full-time operators upon completion of the normal shake-up bid process. The shake-up b1.d process shall be deemed complete when the least senior full-time drlver has rece1.ved a work ass1.gnment. In addition, as-needed employees may work any weekend assignment and regular weekday assignment if open due to unscheduled or excused absence, w1.th the exception of bid vacations, as long as the day-off call list has been exhausted. B The total hours worked by any as-needed driver shall not exceed sixty (60) hours in a biweekly pay period. - 25 - e e C. As-needed drivers shall be paid for all the time during which they are required to perform any duties. As-needed drivers W1.l1 not be eligible for time or pay guarantees or for penalty pay provis1.ons. D. As-needed drivers will not be el1.gible for paid leave or other fringe benefits appl1.cable to full-time Motor Coach Operators, except as prov1.ded in th1.S art1.cle. E. As-needed drivers will not accrue seniority whlle so employed. An as-needed dr1.ver who applies and is accepted for employment as a full-t1.me Motor Coach Operator shall for all purposes accrue service and seniority only from the date of h1.re as a full-time Motor Coach Operator. F. As-needed drivers may be assigned to work charter ass1.gnments l.f the party chartering the bus has specifically requested the driver l.nvolved and if the driver requested meets the 11.censing criterla required of charter bus dr1.vers. As-needed drivers 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 Cha1.rman of the Comm1.ttee of Adjustment and the Director of Transportat1.on. However, full-time Motor Coach Operators will be g1.ven first choice to work the Rose Parade and Rose Bowl Game ass1.gnments and ass1.gnments on any other day mutually agreed upon by the Chairman of the Committee of Adjustment and the Director of Transportation, as noted above. If it becomes necessary to increase charter business by utilizing as-needed drivers in another manner, the Chairman of the Committee of Adjustment and the D1.rector of Transportation wlll meet to develop appropr1.ate procedures to modify this section. It l.S understood that on the above Rose Bowl or other mutually agreed upon dates, as-needed ass1.gnments shall not be limited to trippers, nor does paragraph B above apply. G. As-needed Motor Coach Operators hired after July 1, 1995, will be paid an hourly wage rate equal to the "A-step" described l.n Article I, Sect1.on 1.13, subsect1.on B (1) . As-needed Motor Coach Operators hired after July 1, 1995, who become full-time operators during the term of th1.s MOD shall be placed at the "A-stepll descr1bed in Article I, Sectlon 1.13, subsection B(l) hereof, upon appo1.ntment to the full- time position. - 26 - 5.03. e e As-needed Motor July 1, 1995, who the term of this described in subsection B(2). Coach Operators hired pr1.or to become full-t1.me operators during MOU shall be placed at the lIA-stepll Article I, Section 1.13, H. A daily work sheet including the names and work assignments of as-needed Motor Coach Operators will be maintained in the off1ce of the dispatcher. A 11.st of all as-needed Motor Coach Operators w1.11 be maintained in the office of the Director of Transportat1.on and w1.11 be available by appo1.ntment for reVlew by any author1.zed officials of UTU Local 1785 during regular business hours. I. Notwithstand1.ng any provisions noted above, as-needed Motor Coach Operators may also be hired by the Director of Transportat1.on to work assignments wh1.ch are unwanted by full-t1.me Motor Coach Operators. Before any as-needed Motor Coach Operators are used under this paragraph I, said assignments will be offered to full-time Motor Coach Operators. Assured Work Schedule Regular Operators and Extra Operators who complete a daily assigned run shall rece1.Ve pay for eight (8) hours at straight time, even though the complete daily assignment does not include eight (8) full hours of work. Regular Operators and Extra Operators will be paid at the rate of time and one-half for working on any regular day off, and such operator who works on a day off will be guaranteed a m1.nimum of five (5) hours and twenty (20) minutes at tlme and one-half. Regular Operators who complete a regularly assigned split run shall receive pay for not less than e1.ght (8) hours at stra1.ght time during the first ten (10) hours of the regular assignment, even though such asslgnment does not include eight (8) full hours of work, and time and one- half for all elapsed time l.n excess of such ten (10) hours. When on any day, other than a day off or a holiday, an Extra Operator is required to report for duty, the operator shall receive pay for not less than eight (8) hours at straight t1.me, even though the assignment does not include eight (8) full hours of work, and time and one-half for all elapsed t1.me in excess of eleven (11) hours. However, when an Extra Operator is assigned a - 27 - 5.04. 5.05 5.06 e e regular run such Extra Operator will be paid under the same cond1.tions as a Regular Operator. Siqn-on Time A. When a driver 1.S requ1red by the Director of Transportat1on to report to the dispatcher ten (10) m1.nutes before pull-out time, said ten (10) m1.nutes shall be allowed at the regular rate of pay for the purpose of check1.ng the bus to see that lot is ready for assignment. B. When a dr1.ver is required by the Director of Transportat1.on to report to the dispatcher ten (10) minutes before pull-out time for charter assignments, sald ten (10) minutes shall be allowed at the regular rate of pay for the purpose of checking the bus to see that it is ready for assignment. C. When a dr1.ver is required by the Director of Transportation to report to the dispatcher three (3) minutes before leaving to make relief on a line, said three (3) m1.nutes shall be allowed at the regular rate of pay. D. When a driver is required by the Director of Transportation to drive a School Pupil Activity Bus Charter, the D1.rector of Transportation will require the dr1. ver to report to the dispatcher fifteen (15) minutes before pull-out time. Said fifteen (15) minutes shall be allowed at the regular rate of pay for the purpose of checking the bus to see that l.t is ready in accordance with School Pupil Activity Bus Charter requirements. Accident Report T1.me All operators required by the Director of Transportation to fill out accident reports after completing a run of at least eight (8) hours shall receive compensat1.on for the time required to complete each such report at the applicable rate of pay, provided that such payment shall be limited to twenty-four (24) minutes per report. Employee Parking It is hereby agreed that the C1.ty will make every effort to maintain free park1.ng as lot presently exists for City - 28 - e e employees at City facilities. The employees covered by this agreement recognize that the City must comply with Regulation XV 1.ssued by the Air Quality Management District (AQMD) and the City's Transportation Management Plan Ordinance. If the use of positive incent1.ves does not result 1n the City meeting the Compl1.ance requirements of AQMD's Regulation XV or the City's Transportat1.on Management Plan Ordinance within one year of the effective date of this agreement, lot is understood that the City can implement a charge for parking dur1.ng the term of this agreement l.n order to meet those requlrements. In addltion, if It should become necessary to charge for parking dur1.ng the term of this agreement in order to comply with any other state or federal requirements regarding transportation management, the City can implement said charge. However, in no event shall the City l.mplement such a charge for park1.ng without meeting and conferr1.ng with UTU should any employee (s) represented by them be subj ect to such a charge. - 29 - e e ARTICLE VI. EMPLOYER/EMPLOYEE RELATIONS 6.01. 6.02. 6.03. Payroll Deduct1.ons It is mutually understood and agreed that the City will, subject to the provisions of Ordinance 801 (CCS) , and dur1.ng the term of this MOU, deduct monthly, and remit to the office or officer designated in the employee payroll deduction authorization: Recognized Employee Organization dues, credit union lnvestments or payments, health and hospitalization l.nsurance premiums, and 11.fe and aCC1.dent insurance prem1.ums Any or all such payroll deduct10ns are subject to term1.nation by the City Manager upon twenty-four (24) hours notice for failure to comply with the prOV1.S1.ons of this MOU. Reasonable Notice It is mutually agreed and understood that a copy of the City Council and/or Personnel Board agenda for each meeting mailed to the author1zed representat~ ve of the Recogn1zed Employee Organization shall constitute reasonable written notice, and notice of an opportun1.ty to meet with such agencies, on all matters within the scope of representation upon which the City Councilor Personnel Board may act. Union Security A. Maintenance of Membership Employee payroll deduction author1zations for united Transportat1.on Union (UTU) , Local 1785 dues shall be voluntary on the part of the employee but shall not be subject to un1.1ateral cancellation by the employee during the term of the MOU. Employee members of UTU Local 1785 who are members of said Local 1785 thirty (30) days after the ratification date of this MOU by the City Council and employees who thereafter become members of said Local 1785 shall remain as members of said Local 1785 for the term of this MOU. B . Agency Shop At such time as Local 1785 demonstrates that 1.t has ninety (90) percent membership (based on the number of dues paying members represented by Local 1785 in - 30 - 6.04. e e compar1.son to the number of f1.1led Local 1785 posit1.ons), the C1.ty agrees to grant Local 1785 an Agency Shop provision, as described in Exhibit A. At such time as the Agency Shop provision becomes effective, this MOU shall be amended to contain the provisions in Exhibit A, and Exhibit A shall be l.n effect in lieu of paragraph A herein. C. Local 1785 agrees to and shall indemnify and hold harmless the City of Santa Monica, 1.ts Council, boards, commissions, officers, agents, servants and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such cla1m or suit, arising from or in any manner connected with the operation of paragraphs A and B of Section 6.03 or the provisions contained in Exhibit A. Grlevance and Complaint Po11cy In the event any grievances, disputes, or disagreements arise concerning matters within the scope of representation of the Recognized Employee Organization, such grievances, disputes or d1.sagreements shall be resolved as follows. A. Grievances, disputes or disagreements concerning the interpretation or appl1.cation of the terms of this MOU shall be resolved, if possible, by meeting and conferring in good faith. If unresolved by such meetings, the part1es shall consider submitting such issues to mediation as provided by Ordinance 801 (CCS) . In the absence of agreement to mediate, or fa1.1ure of med1.ation, or arbitration by mutual consent, the issue shall be resolved by an action in a court of competent jurisdict10n on mot10n by either party. A gr1evance w1.11 only be considered l.f it is filed with1.n thirty (30) calendar days of the event giving rise to the grievance or, in the event that the employee could not have known of the event giving rise to the grievance, wlthin thirty (30) calendar days of the employee learning of the event. B. Grievances, disputes or disagreements l.nvol ving removals, demot1.ons or suspensions shall be resolved as provided by the Civil Service provisions of the Santa Mon1.ca Municipal Code and the City Charter. A gr1.evance will only be cons1.dered if it is f1.led within thirty (30) calendar days of the event giv1ng rise to the grievance or, in the event that the employee could not have known of the event gloving - 31 - e e rise to the grievance, withln thirty (30) calendar days of the employee learn1.ng of the event. C. other grievances, disputes and d1.sagreements shall be resolved as provided by the Civil Service provisions of the Santa Monica Munic~pal Code. Representation by the Recognized Employee Organ1.zat1.on shall be 11.mited, in this class of grievance, to appearances before the lowest level of supervision not represented by the employee organization, the Department Head, Personnel Director, and the City Manager. - 32 - e e IN WITNESS WHEREOF, the parties hereto have Memorandum of Understanding to be executed th1.s September , 1995. caused th1s 13th day of By: Un1.ted Transportation Union Local l785 City of Santa Monica Jrrt-~. L Perclval Palmer, Cha1.rman Committee of Adjustment ~aAdLkg;. ~~. Marz~litk. J~lu on Committee M er John Jal1li City Manager ~~'#l~ Byrpn williams Comm1.ttee Member APPROVED AS TO FORM: By Marsha Jane City Attorn - 33 - e e EXHIBIT A AGENCY SHOP As long as UTU can demonstrate that it has a 90% membership (based on the number of UTU dues paying members in compar1.son to the number of all filled UTU positions), the City agrees to grant UTU an Agency Shop provision. Said Agency Shop prov1.sion shall be subject to the following terms and condit1.ons. (1) An employee working in a class1f1.cation covered by this MOD shall, wi th1.n thirty (30) calendar days of his/her employment, execute a payroll deduction authorization form as furnished by UTU, and thereby either 1) become and remain a member in good stand1.ng in UTU, or 2) pay to UTU a monthly service representat10n fee 1n an amount not to exceed the standard l.nitiation fee, periodic dues and general assessments of UTU dur1.ng the term of this MOU. (a) In the case of an employee who certifies he/she l.S a member of a bona fide rel1.gion, body or sect which has historically held conscientious obJ ections to joining or financially supporting publ1.c employee organizat1.ons, such employee shall execute a payroll deduction authorization form as furnished by UTU, and thereby pay sums equal to the monthly serv1.ce representat1.on fee to a non-rel1.gious, non-labor charitable fund, chosen by the employee from a list of at least three such funds which are exempt from taxat1.on under Sect10n 501 (c) (3) of the Internal Revenue Code. The list of funds shall be provided by the City, and shall be made up of funds for which the C1.ty offers payroll deductions. (b) The City and UTU shall jointly notify all members of this unit that they are requ1.red to pay dues or a serV1ce representation fee as a cond1.tion of this Section and that such amounts shall be automat1.cally deducted from the1.r paychecks. The relig1.ous exemption and the employees' rights under Government Code Section 3502.5 (Meyers-Mil1.as-Brown Act, as amended) shall also be explained. The cost of this communication and the responsibil1.ty for its distribution shall be borne by UTU. (2) It is agreed that the City assumes no obligations to, in any manner, enforce the provis1.ons of the above paragraphs beyond implementing any valid payroll deduction authorizations submitted by un1.t employees authorizing the deduction of service fees or other authorized payments to UTU, or amounts in lieu of serV1.ce fees to specified author1.zed char1.t~es. Enforcement of the payments that unit employees are obl1.gated to make under the above paragraphs shall be w1.thin the discret1.on and the sole responsib1.lity - 34 - e e of UTU by way of civil court action against such allegedly non-complying unit employee. (3) UTU shall, within sixty (60) days after the end of its fiscal year in which the Agency Shop provision was operative, provide the C1.ty with detailed f1.nancial documentation, which shall meet the requirements of Government Code, Section 3502.5(d). (4) It is recognized that UTU, as the exclusive representative of all un1.t employees, is required to represent all unit employees fairly and equally without regard to union membership or non-membership or thelr assertion of rights under this MOD or the law. (5) Upon request by UTU, the City shall furnish UTO with the name and date of hire of all newly hired employees subject to th1.s MOU, along W1.th verification of transmittals to any charitable organizations. - 35 - e e Adopted and approved tillS 12th of September, 1995 /!J~ Mayor I hereby cert1fy that the foregomg ResoluTIon 8938 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 12th of September, 1995 by the followmg vote Ayes CouncIl members Abdo, Genser, O'Connor, Rosenstem Noes CounCIl members Greenberg, Holbrook Abstam CouncIl members Ebner Absent CouncIl members None ATTEST CIty Clerk