R-8938
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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
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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'
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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
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4
4
. . . 5
. 5
5
6
6
7
7
8
8
9
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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. .
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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.
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.30
.30
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EXHIBIT A -
Agency Shop
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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.
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1.04.
1. 05.
1 06.
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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).
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1. 07
1.08.
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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.
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1.10.
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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.
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1.11.
1.12.
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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) .
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1.13.
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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
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(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.
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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.
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1.14.
1.15.
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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.
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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.
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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.
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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
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3.03.
3.04.
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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
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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.
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3.07.
3.08.
3.09.
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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.
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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.
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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
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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.
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4.06.
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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.
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4.09.
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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.
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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.
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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.
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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.
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5.03.
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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
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5.04.
5.05
5.06
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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
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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.
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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
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6.04.
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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
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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.
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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
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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
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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.
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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