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HomeMy WebLinkAbout10 TMEA MOU 02-20-96AGENDA. DATE: Inter-Corn NO. 10 2-20-96 FEBRUARY 14, 1996 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PERSONNEL SERVICES MEMORANDUM OF UNDERSTANDING, TMEA Recommendation: That the City Council authorize the City Manager to sign and execute the attached Memorandum of Understanding (MOU) with the Tustin Municipal Employees' Association. Fiscal Impact: The total of this package is approximately $87,000 for the one year term of the agreement. Many of the changes in the MOU were in the form of language changes resulting in no immediate "hard dollar" costs. Included in the above total cost are the following: The City agreed to give each employee a Service Recognition Award in the amount of $200, for an approximate total of $24,000. City agreed to conduct a classification and compensation study on all classifications in the clerical series, other related classes and .Non-sworn Investigators. In addition, the City agreed to make available $50,000 to cover the cost of any recommended changes agreed to in the salary re-opener to address recommendations of the classification study on agreed-upon classes and compensation study on all others. Providing the Third Level of 59 Survivors Benefits to the Public Employees' Retirement System was also agreed to at a City monthly cost of $2.00 per employee. The employee also has an increased cost of $2.00 per month. Under health and welfare benefits, the City agreed to increase the second tier of flexible benefits from $360 per month to $380 per month. The CitY also agreed to allow the same benefit sworn police currently have to cash out holiday pay to non-sworn police employees who are regularly scheduled to work on 'holidays. The cost of this program is approximately $2,500. The holiday schedule was also changed to make Christmas Eve and New Years Eve full 8-hour holidays from half-day 4-hour holidays. For all but the non-sworn police employees mentioned above, this is a "soft-dollar" cost. The City agreed to increase the amount available for tuition reimbursement from $350 to $500. WILLIAM A. HUSTON · RE: M.O.U. WITH TMEA Discussion: The City and the Tustin Municipal Employees' Association met and conferred from October 12, 1995 to January 18, 1996. A copy of the new MOU is included with this report. Bettie Correa Senior Personnel Analyst BMCA:CNCRPT95.MEA MEMORANDUM OF UNDERSTANDING TUS TIN MUNICIPAL EMPLOYEES ASSOCIATION AND CITY OF TUSTIN 1-1-96 TO 12-31-96 MEMORANDUM OF UNDERSTANDING CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et.seq. and Section 17 of the Personnel Rules and Regulations of the City of Tusfin, the City's employee representatives have met and conferred in good faith with the representatives of the Tustin Municipal Employees Association pertaining to the subject of wages, benefits and conditions of employment of City; and WHEREAS, the meetings between the Tustin Municipal Employees Association and the City representatives have resulted in an agreement and understanding to recommend that the employees represented by the Tustin Municipal Employees Association accept all of the terms and conditions as set forth herein and that the City representatives recommend to the City Council that it adopt by resolution or resolutions the changes and additions to the wages, hours, and conditions of employment for the non- administrative and non-management general employees of City. WITNESSETH WHEREAS, the Tustin Municipal Employees Association is the majority representative of all non- administrative and non-management general employees of the City of Tustin for the purpose of representation on issues of wages, hours, and other terms and conditions of employment and as such majority representative Tustin Municipal Employees Association is empowered to act on behalf of all non- administrative, non-confidential and non-management general employees ot' Ci.ty, whether or not they are individually members of the Tustin MuniciPal Employees Association. Article 1. Represented Classes. All non-administrative, non-management and non-confidential general employee classifications are represented under the scope of this agreement. The classifications covered by this agreement are: Administrative Assistant II Administrative Assistant I Account Clerk Associate Civil Engineer Assistant Civil Engineer Assistant Planner Associate Planner Building Technician Building Inspector Clerk Typist Code Enforcement Officer Communications Officer Community Services Officer Custodian Department Clerk Deputy City Clerk Draftsperson Engineering Aide Equipment Mechanic Equipment Operator Intermediate Clerk Typist Junior Civil Engineer Lead Communications Officer Maintenance Leadworker Maintenance Worker Mechanics Helper Meter Reader Non-Sworn Investigator Parking Control Officer Plan Checker Plan Checker/Senior Bldg. Inspector Property and Evidence Technician Project Manager Property Officer Public Works Inspector Recreation Coordinator Records Clerk Records Shift Coordinator Reproduction Operator Secretary Senior Account Clerk Sports Field Specialist Clerk Typist Receptionist Transportation Engineer Water Services Engineer Water Treatment Plant Operator Page 2 Article 2. Compensation. Ao Be Service Recognition Award - Each employee in the service of the City upon Council approval of this Memorandum of Understanding will receive a one time service recognition award of $200.00 payable not later than February 23, 1996. Resolution//88-103. SECTION 5. SALARY ADMINISTRATION, F. Salary in other Instances, (2) Salary on Promotion, shall be amended' to provide that upon a promotion the employee shall receive a salary adjustment of at least 5%, provided that in no event shall the promoted emploYee's salary exceed the maximum of the range of the class to which he is promoted. Co Salary Reopener -Upon completion of the Position Classification and Pay Study as provided in Attachment A, the meet and confer process will be reopened to address the Study salary recommendations. It is agreed that the City will make available $50,000.00 to cover the cost of agreed salary changes and benefit costs affected by salary increases. The effective date of change will be April 26, 1996. Article 3. Uniforms. A. The City will provide a uniform maintenance allowance of two-hundred and fifty dollars ($250.00) annually for those employees required by the City to wear uniforms full time who are not in the maintenance service. An employee who wears a uniform half-time shall be compensated at fifty percent, an annual amount of one hundred and twenty-five dollars ($125.00) B, The City will make raingear and overalls available for use by the Building Inspectors and Public Works Inspectors. C, The City will provide eleven (11) sets of pants/shorts and shirts for each maintenance employee required to wear a uniform and City will pay the cost of renting and cleaning the standard-issue maintenance employee uniforms. Each employee may designate a "mix" of pants and shorts for the term of the contract with the uniform vendor. This "mix" may not be changed during the term of the contract with the uniform vendor. Each employee, must have long pants immediately available for wear on a daily basis. Additional uniforms, laundering, or special services shall be at the employee's expense. Article 4. Bilingual Compensation. The City shall pay seventy-five dollars ($75.00) per month to employees in City designated positions who can demonstrate a skill in Spanish at the conversational level, or in another language which the City Manager has approved as being needed for City business. Should a conflict arise regarding designation of an employee for compensation, proficiency and need shall determine who is eligible. Management will determine where and when the need is greatest, and management will devise and administer a testing vehicle to determine degrees of proficiency. Article 5. Retirement. Ao The City shall continue to "pick up" and pay on behalf of each emplOyee the employee's required contribution to the Public Employees Retirement System (PERS) in the. amount equal to seven percent (7%) of the employee's "compensation earnable". Employees serving in a clasgification covered by this agreement shall have a vested right to receive all of the retirement benefits entitled them as of the effective date of this agreement. Page 3 Bo The City shall amend its contract with the PERS to include California Government Code Section 20930.3, Military Service Credit as Public service. Ce The City's contract with the PERS will be amended to provide for the Third Level of the 1959 Survivor Benefit as provided in Section 21382.4 of the California Government Code. Employer Cost and Employee Cost will be paid by the respective parties. Article 6. Overtime Compensation. All non-administrative, non-confidential and non-management general employees shall receive premium compensation of time and one-half for all approved overtime hours worked in excess of, (1) regularly scheduled hours per shift or (2) forty (40) hours Worked in a seven (7) day work period. General Leave, compensatory time and Holiday hours shall be included within the above hours for eligibility, provided however, that standby time shall not be considered in determining entitlement to premium compensation. Article 7. Employee Life Insurance. City will provide life insurance on each life of each regular, permanent full-time, non-administrative, non-confidential, non-management general employee of the City and pay the premiums thereof. The death benefit of said policy shall be the greater of $50,000.00 or one hundred percent (100%) of the employee's base annual salary to the nearest multiple of $1,000.00. Article 8. Flexible Benefits Plan. Effective on or before January 1, 1996 the Flexible Benefits Plan will be as follows: A. Flexible Benefits Contribution per montl~ per eligible employee. Employee Only Employee + 1 Dependent Employee + 2 or more Dependents $267 $380 $478 Note: Employees who do not take medical insurance through the program offered by the City shall receive $120 per month in lieu of the flexible benefits contribution. As a condition of receiving such amount, the employee must provide evidence, satisfactory to the City, that he/she has medical insurance coverage comparable to coverage available through the City program. Be The Flexible Benefits contribution consists of mandatory and discretionary allocations which may be applied to City sponsored programs. Employees are required to take employee only dental insurance with premiums to be paid out of their contribution and $16 of the contribution constitutes the City payment towards employee medical insurance. Employees may allocate the remaining amount among the following City sponsored programs: o . 3. 4. 5. 6. Medical insurance offered under the Public Employees' Medical and Hospital Care Act Program. Dependent Dental Insurance Additional Life Insurance Vision Insurance Deferred Compensation Section 125 Program Discretionary allocations are to be made in accordance with program/City requirements including restrictions as to the time when changes may be made in allocations to the respective programs. Page 4 Ce Section 125 Program The Section 125 Program will be continued in full force and effect for the duration of this agreement unless changed by mutual agreement of the City and Association. The Program shall be administered through Colonial Life Provided that the City. retains the right to change administrators for cause. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee. Article 9. Retiree's Health Insurance. The City will contribute a maximum of $150.00 per month towards the payment of medical insurance premiums for employees who retire from the City of Tustin after October 1, 1993. Such contribution is supplemental to the $16.00 per month City contribution to be made for eligible retirees under the Public Employees' Medical and Hospital Care Act Program and subject to the same conditions applicable to the PERS City contribution. Article 10. Bereavement Leave. City will allow up to three (3) days with pay for the purpose of bereavement leave for all non-administrative, non-confidential, and non-management general employees of City in the event of a death in the immediate family. "Immediate Family" shall be defined as including spouse, mother, father, brother, sister, child, grandparent, and grandchild ~of the employee or the employee's spouse. Article 11. Holidays. The following days shall be holidays for which all full-time regular and probationary employees in permanent positions, will receive compensation either in pay or paid time off. Januar~ 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 The Thursday in November designated by the President or Governor as Thanksgiving Day. The day following the Thursday in November designated as Thanksgiving Day. Day before the Christmas Day Holiday December 25 Day before the New Year's Day Holiday New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Holiday Christmas Day New Year's Eve Holiday When a holiday occurs on a Sunday, the following Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. For each holiday, full-time regular and probationary personnel on shifts will receive eight (8) hours of General Leave for each day or equivalent pay, whichever, in the judgement of the Personnel Officer, best serves the interest of the City. Full-time regular and probationary personnel not assigned to shifts Page 5 B, will receive paid time off; eight (8) hours for a day. If a non-shift employee's scheduled day off falls on the day of the holiday, he shall receive eight (8) hours pay for each day. If the number of hours paid on a holiday is less than the hours that would be paid if the employee worked his/her regular shift, credited compensatory time or general leave will be used to ensure that hours paid will be equal to what he/she would receive for his/her regular shift. Holiday Pay in Lieu of Time Off- Police - On December 1 of each year, police non-sworn regular and promotional probationary employees assigned to 12-1/2 hour shifts, hereinafter eligible employee (s), may designate any portion of their holiday credit for the following year which they would like to be paid for in lieu of having time off. This notification shall be in writing and is irrevocable. Payment for the holiday time shall be made in January of each year. In the event that an eligible employee separates from service and has used and/or been paid for. holidays in excess of the pro-rata earned hours per month, the overage shall be deducted from his/her final check. Article 12. General Leave. General leave with pay shall be granted to each full-time regular and probationary employee at the rate listed below per year, prorated on a bi-weekly basis for each bi-weekly pay period in which the employee works more than half time. Years of Service General Leave Hours Per Year 0-5 160' 6-10 208 Over 10 248 * 168 hours for employees hired before October 1, 1993 Article 13. LTD Leave of Absence. An employee receiving LTD benefits under the City's program will be granted a leave of absence without pay for the duration of his/her disability subject to a maximum period of two (2) years. Article 14. Compensatory Time. Employees will be paid for all compensatory time in December of each year provided that an employee may retain a maximum of forty (40) hours in his/her account if notice of such desired retention is submitted to the City. Article 15. Rest Periods. During each work shift of at least eight (8) hours two (2) fifteen (15) minute rest periods will be scheduled. The scheduling of rest periods shall be at the discretion of the employee's supervisor and no compensation will be provided for rest periods not taken. Article 16. Leaves. Resolution #88-103 will be amended to provide that needs of the employee will be considered in the granting of leaves of absence and employees may request a leave of absence without pay to serve as a volunteer for a certified relief organization. Article 17. Stand-by Duty. Stand-by duty in classes designated by the City' Manager shall be compensated at the rate of one (1) hour of straight-time compensation for each eight (8) hours of such duty. Such compensation on Holidays shall be at the rate of two (2) hours of straight-time compensation for each eight (8) hours of stand-by duty. Page 6 Article 18. Call Back Duty. In addition to stand-by compensation, if any, employees in classes designated by the City Manager shall receive a minimum of two (2) hours overtime compensation (time and one-half) for any call which requires them to return to duty. Article 19. Educational Incentive Pay. Only those employees receiving educational incentive pay as of July 1, 1989, shall thereafter .be eligible for educational incentive pay as set forth in Article 17 of the M.O.U. executed March 31, 1987. The continuing education requirement remains the same; however, no employee shall be able to increase his or her amount of educational incentive pay after July 1, 1989. No additional employees after July 1, 1989, shall be eligible for educational incentive pay. Any employee who becomes ineligible for educational incentive pay shall not be able to requalify. Article 20. Tuition Reimbursement. Employees shall be encouraged to further their academic education and .training in those areas of benefit both to the employee and to the City. Full-time employees will be eligible for reimbursement of eligible expenses by the City for professional and technical courses subject to the following conditions and related Council Policy statements: A. Department Head and City Manager approval must be obtained before enrollment in the course. B, Reimbursement shall be of tuition fees, textbooks, lab fees, or required supplies upon completion of the course with a satisfactory grade and after the completion of the initial probationary period. Co Tuition reimbursement shall not be made if the employee is drawing veteran's education benefits or any other reimbursement for the same courses. D. Reimbursement for up to five hundred dollars ($500.00) in any calendar year will be paid upon receipt by the Personnel Department of proof of successful completion of the course and proof that payment of fees has been made. Article 21. Work Schedules. Ao Subject to the conditiOns in this Article the City will continue the 9/80 work schedule, (in a 14- day work cycle the employee works eight. 9-hour days where the scheduled work shift commences and ends at the same time each'day, and one eight-hour work day, with one period of 3 consecutive days off and one period of two consecutive days off) for all employees except Communications Officers, Records Clerks or designated Non-Sworn Investigators who work either a 3/12.5 schedule, (in a 14-day work cycle there are 6 work shifts divided into 3 consecutive shift segments with each shift consisting of 12 hours work time and 1/2 hour lunch period plus 1 work shift of 8 hours work time and 1/2 hour lunch period) or 4/10 work schedule, (in a 7-day work cycle the employee Works four 10-hour days where the scheduled work shift commences and ends at the same time each day, with three consecutive days off) or some other schedule upon mutual agreement of the City and employee. Continuation of the schedules are subject to needs of the City provided that if a 4/10 or 3/12.5 work schedule is discontinued, affected employees will be placed on the 9/80 schedule. Upon mutual agreement of the City and employee, schedules other than those defined herein may be implemented. Bo Any employee's work schedule may be temporarily changed to accommodate training assignments which are 'eight (8) or more hours in duration. Page 7 Co The City "Flexible Work Schedule Policy" will be amended to provide for a seven (7) day notice to affected employees prior to'the revocation of a flex!ble work schedule and the clause, "subject to any modifications approved by the City Manager", will be deleted. Article 22. · LTD Plan. Ao The Canada Life Assurance Company Long-Term Disability Insurance Plan in effect as of January 1, 1996 shall continue in full force and effect during the term of this agreement unless changed by the mutual agreement of the City and Association. B, In addition to provisions of the Long-Term Disability Insurance Plan, the City agrees to pay the same salary benefit paid by the Plan for disability leave which occurs after the employee has used eighty (80) consecutive hours of general leave during the 30 day period beginning with the 1st day of the leave. Co Flexible benefits will be continued for ninety days of a disability leave and such time will be counted towards satisfying Federal FMLA and State of California FRA requirements. Article 23. One-Half Hour Lunch: Field Services Employees. The City has agreed to Field Services employees taking a one-half hour lunch in the field. This is in recognition of the fact that the City anticipated increased efficiency, because, as a general rule, employees will not return to the Corporation Yard for the lunch break. Article 24. Shift Differential. Any Custodian, Communications Officer, Community Services Officer, Non-Sworn Investigator, or Records Clerk assigned on a regular basis (ten Or more continuous working · days) to a shift, eight hours of which fall between the hours of 2:30 p.m. and 3:00 a.m. shall receive a shift differential of twenty-five dollars ($25.00) per pay period. The right to assign and/or reassign an individual to a particular shift is the sole prerogative of the City. Any such assignment and/or reassignment shall not be subject to the grievance and/or discipline appeals process. Article 25. Acting Pay. An employee assigned to work in a classification paid more than the 'classification he/she holds will receive a pay rate which is at least 5% higher than the rate he/she is normally paid. This rate will be paid after the employee has been in the assignment for thirty (30) consecutive calendar days. Article 26. Performance Evaluations. An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit increase. Nothing herein shall restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 27. Appeals and Hearings/Grievance Procedure. Attachment B is an Appeals and Hearings procedure and attachment C is a Grievance Procedure. These procedures shall supersede any conflicting provisions of City Resolution//88-103. Article 28. Severance Pa,' and Assistance to La¥offees. Ao Severance pay of one week per year of service subject to a maximum of~. 4 weeks pay, will be provided to employees who are laid off and not .offered employment through an agreement between a contractor and the City of Tustin. Page 8 Bo Letters of recommendation will be provided for employees whose performance was satisfactory on the date of their layoff. C° Reasonable assistance in locating alternative employment will be provided for employees who are laid off. Article 29. Layoff Polic.y. During the term of this MOU the City and Association will meet and confer 'for purposes of modifying the layoff policy to incorporate seniority as a primary criteria in the selection. of' employees to be laid off, add provisions for the notification of the Association in the .event of layoffs that may occasion the contracting out of services and extend the opportunity to the Association to meet and confer on the impact of the layoffs. Said notification shall coincide with City Council direction to request proposals. Article 30. Contracting Out. If the City decides to contract out' services performed by unit employees, the employees shall have the right to competitively bid to provide the services. The City shall provide employees With all necessary information, in a timely manner, to facilitate such a bid. Article 31. Family Leave. Consistent with requirements of the Family Medical Leave Act employees shall have the right to up to twelve (12) weeks of unpaid leave for purposes of attending to personal or family illnesses. During the leave employees will continue to receive City medical contributions. For all other purposes, FMLA leave shall be treated the same as other unpaid leaves of absence. Article 32. Personnel Rules and Regulations. City resolution//88-103, Section 17, EMPLOYEE ORGANIZATIONS, shall be amended to provide the City Council adoption of rules and regulations, as referenced therein, shall be preceded by compliance with the meet and confer requirements stated in the California Government Code, Section 3500 et seq. Article 33. Management Rights Clause. Except as otherwise specifically provided in this resolution, the Personnel Rules & Regulation and Department Regulations, and amendments and revisions thereto, · will remain in force and effect, whether exercised or not, and they are the sole and exclusive rights and functions of management, including, but not limited to: The right to contract or subcontract construction, services, maintenance, distribution or' any other work with outside public or private entities. The right to suspend provisions of this agreement in the event of, and for the duration of, an emergency as determined by the City Council, and/or by County, State or Federal action upon notification to the association regarding the nature and expected duration of the emergency. The right to determine staffing and to direct the work force, including the right to hire, promote, demote, evaluate, transfer, lay-off or discharge any employee.. ~ The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest. Nothing contained herein shall be construed as a waiver by the Tustin Municipal Employees Association of any right to meet and confer and/or represent its members pursuant to the Meyer-Milias-Brown Act or any other applicable State or Federal law. Page 9 Article 34. Scope of Renegotiation at Conclusion of Contract. All the provisions of this agreement and other conditions of employment, appropriate to the meet and confer process shall be subject to renegotiation at the conclusion of the term of this agreement, and may thereafter be included in the meet and confer process at the request of either party. Article 35. 'Due Process Ri_~hts. Due process rights mandated by California statutes 0r judicial direction will be observed in the taking of the disciplinary actions as contemplated in City Resolution #88-'103, SECTION 8. ATI'ENDANCE AND LEAVES, A. Attendance. (4); SECTION 9. TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT, C. Demotion., D. Suspension; and SECTION 10. SEPARATION FROM THE SERVICE, A. Discharge. and D. Disability. Article 36. Effective Date. All provisions set forth herein shall be effective as to non-administrative, non-confidential and non-management general employees of the City of Tustin as of January 1, 1996 unless specified otherwise. Article 37. Application of Agreement. The parties agree that the term "employee" whenever used herein, whether singular or plural, means and applies only to those employees of the City included within the representative unit, represented by Tustin Municipal Employees Association, and that this Memorandum covers only said employees. It is not solely limited to the members of the Tustin Municipal Employees Association. Article 38. Gender. Words used in this memorandum in the singular include the plural, and the plural include the singular. Words appearing in the male gender include the female gender and the female gender include the male gender. Article 39. Severability. If any part of this Memorandum is rendered or declared invalid by reason of any existing or subsequently-enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this Memorandum shall not render invalid the remaining parts hereof. Article 40. Binding on Successors. This Memorandum shall be binding on the successors and assigns of the parties hereto and no provisions, terms or obligations herein contained shall be affected or changed in any way whatsoever by the consolidation, merger, transfer or assignment of either party hereto. Article 41. Ratification. This memorandum contains all the terms and conditions agreed to between the parties. The memorandum shall be of no force or effect unless and until duly approved, adopted, ratified, and agreed to by the City Council of City, or in alternative, that all of the substantive provisions contained herein are adopted by Resolution of the City Council. ' Article 42. Amendments. This memorandum can be altered or amended only by written agreement between the parties hereto. Article 43. Notices. Notices hereunder shall be in writing, and if to Tustin Municipal Employees Association, shall be mailed to Tustin Municipal Employees Association, c/o President, 300 Centennial Way, Tustin, CA 92680; and, if the City, shall be mailed to City Manager, City of Tustin, 300 Centennial Way, Tustin, CA 92680. Page 10 Article 44. Subject to State Law. Any provisions contained in this agreement to the contrary notwithstanding, the parties expressly understand and agree that City shall not be required to provide any compensation, fringe, or other benefits to employees which are contrary to any provisions of State law and/or which will or may result in any limitation, disability or restriction upon the right of City to receive funds, share in funds, and/or receive other benefits from the United States of America, State of California, or any subdivision or agency of either of them or any other political subdivision or entity. Article 45. Conclusion of Agreement. This Agreement shall contain all of the covenants, stipulations and the provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this Agreement are covered by existing Ordinances, Resolutions, policies and practices of City as well as the Personnel' Rules and Regulations presently in effect. Therefore, for the life of this Agreement, City or T.M.E.A. shall not be compelled to meet and confer concerning any mandatory bargaining or meet and confer issue, whether specifically met and conferred upon prior to the conclusion of this Agreement or which may have been omitted in the meeting and conferring which led up to the conclusion of this Agreement, except by mutual agreement of parties. Article 46. No Change of Benefits. During the term of this agreement there shall be no change of benefits or privileges contained in existing resolutions and rules not specifically revised by the provisions of this agreement, except after compliance with applicable laws. Article 47. Contract Bar. The recognition rights of Tustin municipal Employees Association shall not be subject to challenge for a period of not less than twelve (12) months following the date of recognition or until the expiration of this Memorandum of Understanding, whichever is later; provided that recognition rights may be challenged between one hundred and twenty (120) and one hundred and fifty (150) days prior to the expiration of the Memorandum of Understanding and that no Memorandum of Understanding shall be construed to be a bar for a period of more than three (3) years. Existing Memorandums of Understanding shall remain in effect even when the recognition rights of employee organizations are changed in accordance with the provisions of this section. Article 48. Membership Meetin_~s. T.M.E.A. shall be entitled to two (2) Citywide membership meetings each calendar year. These meetings are in addition to the Memorandum of Understanding ratification meeting allowed T.M.E.A.T.M.E.A. shall provide a minimum of two '(2) weeks advance notice to the City of such meetings. Employees will be allowed up to one (1) hour of release time to attend each such meeting. Article 49. Term of Agreement. The term of this agreement shall be from the date of its execution to and including December 31, 1996. Page 11 of. IN WITNESS WHEREOF, the parties hereto have executed this document this ,1996. day CITY OF TUSTIN BY WILLIAM A. HUSTON City Manager TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION BY TERRIE RICHARDSON President TMEA.96 Attachment A TUSTIN MUNICIPAL EMPLOYEE ASSOCIATION NEGOTIATIONS- 1995 CLASSIFICATION AND SALARY STUDY- CONDITIONS 1. Request for proposals to go out in January 1996. 2. Deadline for submittal of proposals - February 1, 1996. 3. Final report due on May 1, 1996. 4. Meet and confer process to be reopened upon receipt of final report. . Agreed salary changes to be effective retroactive to receipt of final report provided agreement is reached within 60 days of said reCeipt. . Association representatives to receive copies of preliminary report, if any, and final report. 7. Y-Rating program to apply in the event of downward reclassification. 8. Association to have access to Study consultant for explanation of recommendations. . Salary survey agencies to be .those traditionall, y used in City unless City and Association agree to change. 10. Associatiori will have opportunity to review and discuss proposals. 11. All positions in the secretarial and clerical occupational fields and the position of NSI-Traffic are to be reviewed for classification and pay purposes. classtdy.mea Memorandum of Understanding City of Tustin and Tustin Municipal Employees Association February 1996 Attachment B HEARING AND APPEALS PROCEDURES FOR APPEALS FROM DISCIPLINARY ACTIONS AND GRIEVANCES PRE-DISCIPLINARY HEARINGS AND DISCIPLINARY APPEALS Al Pre-disciplinary Hearings. An employee who has attained a regular appointment shall have the right to a pre-disciplinary hearing whenever the employee may be subject to a demotion, non-emergency suspension, or non-emergency dismissal. In the event of an emergency suspension or dismissal a hearing will be conducted as soon as practicable after the action has been taken. B. Procedure for Pre-disciplinary Hearings. Notice of a proposed disciplinary action shall be provided to the employee including a statement of the proposed action, the reasons therefor, and a copy of the charges and materials upon which the action is based. The employee shall have five (5) working days to respond orally, in writing or both to the.charges. Within five (5) days of the employee's response, s/he will be advised of the City's decision. If the disciplinary action is upheld, the employee will receive a Notice of Disciplinary Action stating the action taken and reasons therefor. Gl Appeal to the City Manager. Within ten (10) working days after receiving the Notice of Disciplinary Action the employee may appeal the action to the City Manager. If, within the 10-day period, the employee does not file said appeal, Unless good cause for the failure is shown, the action shall be considered conclusive. The City Manager may elect to hear the appeal; assign any management/supervisory employee, except the appellant's Department Head, to be the hearing officer; or have the appeal heard by an arbiter provided that upon the request of the employee organization, an arbiter will hear the appeal. If the appeal is heard by other than the City Manager, the hearing officer shall submit a report outlining his/her findings, conclusions and recommendations for the City Manager's consideration. Within ten (10) working days of receiving the hearing officer's report the City Manager shall give his/her decision to the emPloyee. City of Tustin Hearing and Appeals Procedures Page 2 II. APPEALS AND HEARINGS A, Where practicable, the date of the hearing shall not be less than 20 days, nor more than 60 days, from the date of the filing of the appeal with the City Manager provided that the parties may agree to a longer or shorter period of time. B, If the appeal involves the disciplining of an employee, the hearing will be closed unleSs the affected employee requests that the hearing be open. CJ . Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than 5 working days prior to the commencement of the hearing; after commencement, subpoenas shall be issued only at the discretion of the hearing officer. De The hearing need not be conducted in accordance with technical rules relating' to evidence and witnesses. Any relevant evidence shall be admitted if it. is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of' evidence. The hearing officer shall rule on the admission and exclusion of evidence. El Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even'though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the respondent does not testify in her/his own behalf, s/he may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. Upon the mutual agreement of the parties a court reporter will be.engaged to record the hearing, provided that either party may .engage a reporter with the understanding that there will be no cost to the other party. City of' Tustin Hearing and Appeals Procedures Page 3 Fi The hearing shall proceed in the following order, unless the hearing officer, for special reasons, otherwise directs: (1) Opening statements will be permitted with the complainant proceeding first. (2) In the presentation of cases, the party bearing the burden of proof will make the first presentation. (3)' The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case; (4) Closing arguments and written briefs shall be permitted. (5) The hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. S/he shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason s/he believes to be important to reaching a fair and proper decision. (6) The hearing officer shall have no authority to amend, alter, or modify a Memorandum of Understanding or any sections of the City Personnel Rules and Regulations and shall limit his/her recommendations to the interpretation and application of the Memorandum of Understanding(s) and/or the City Personnel Rules and Regulations. (7) In appeals from disciplinary actions the hearing °fficer may recommend sustaining, rejecting or modifying the disciplinary action provided that s/he may not recommend discipline more stringent than that invoked by the City. (8) The Hearing Officer's findings, conclusion and recommendations shall be filed with the City Manager, with a copy sent to the appellant and the Personnel Officer. The City Manager may allow limited oral arguments and/or request written statements from either party. The City Manager shall inform the appellant of his/her decision within fourteen (14) calendar days of receipt of the appeal or if the appeal is heard by a hearing officer other than the City of Tustin Hearing and Appeals Procedures Page 4 S. H! City Manager, within seven (7) days of the receipt of the hearing officer's report. The decision of the City Manager shall be final and conclusive and his/her action shall be the final step in the administrative appeal process. Copies of the City Manager's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. If the City manager chose to have the appeal heard by an arbiter the City shall bear the cost of the appeal hearing up to a maximum of $1,000.00; any excess cost will. be shared equally by the City and appellant. If the employee organization requested that an arbiter be appointed to hear the appeal the Organization shall pay the cost of the appeal hearing up to a maximum of $1,000.00; any excess cost will be shared equally by the City and organization. If either party orders a transcript for their review, the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or postpones a scheduled hearing thereby resulting in a fee charged by the arbiter or court reporter, the party responsible for the cancellation or postponement shall be solely responsible for payment of the fee. If the City Manager chose to have the appeal heard by an arbiter the City shall bear the cost of the arbitration up to a maximum of $1,000.00; any excess cost will be shared equally by the City and appellant. If the Employee organization requested that an arbiter be appointed to hear the appeal the organization shall pay the cost of the arbitration up to a maximum of $1,000.00; any excess cost will be shared equally by the City and organization. If either party orders a tCanscript for their review, the requesting party shall bear the cost of the transcript. If either party unilaterally cancels or postpones a scheduled arbitration thereby resulting in a fee charged by the arbiter or court reporter, the party responsible for the cancellation or postponement shall be solely responsible for payment of the fee. Moug6:APPEAL.MEA Attachment C Memorandum of Understanding City of Tustin and Tustin Municipal Employees Association February 1996 GRIEVANCE PROCEDURE I. ESTABLISHMENT These procedures are established to provide for the resolution of grievances of employees, employee representatives and management. II. LIMITATIONS The procedures set forth in this Section shall apply to all grievances involving employees, employee organization representatives and management. Excluded from this procedure are grievances related to:. (1) The amendment or change of City Council resolutions, ordinances or minute orders, which do not involve provisions of a Memorandum of Understanding, Personnel Rules and Regulations or other agreements between the City and employee organization. (2) Position classification. (3) Management grievances that do not involve an employee organization representa- tive 'or employee represented by the employee organization, except grievances alleging a violation or potential violation of state or federal law. III. DEFINITIONS (1) Grievance: An expressed claim that there has been a violation, misinterpretation, or misapplication of a provision of the Personnel Rules and Regulations' or Memorandum of Understanding, or a violation or potential violation of state or federal law. (2) Grievant: An employee, member of City management or an authorized representative of the employee organization who is alleging a violation, misinterpretation or misapplication of a provision of the Personnel Rules and Regulations, an agreement between the City and employee organization, Memorandum of Understanding or violation or potential violation of state or federal law. (3) Grievance Procedure: The process by which the validity of a grievance is determined and resolution effected. City of Tustin Grievance Procedure Page 2 IV. PROCEDURE Step 1. The grievant shall file his grievance within seven (7) calendar days after the grievant knew, or in the exercise 'of reasonable diligence shoUld have known, of the events giving rise to the grievance. The grievant shall state the facts necessary to an understanding of the issues involved; refrain from including any unrelated charges; cite the sections of the City resolutions, agreement, Memorandum of Understanding or rules' alleged to have been violated and the remedy sought. If the grievant is an employee, he/she shall submit the grievance form to his/her immediate supervisor, provided that if the employee suspects or has proof that a federal or 'state law is being violated or is about to be violated he/she may file the grievance at Step 2 of this procedure. Within seven (7) calendar days of receipt of the form, the supervisor shall inform the grievant of his decision. Grievances submitted by management and grievances submitted by employee organization representatives that involve issues potentially impacting the organization's rights or membership as a whole shall be filed at Step 3. Step 2. If the grievance is not satisfactorily resolved in Step 1, the grievant may, within seven (7) calendar days after receipt of the supervisor's response, submit the grievance to his/her Department Head. After receipt of the grievance, the Department Head will meet with the grievant and make such investigation as is required. Within seven (7 calendar days of his/her meeting with the grievant, the Department Head shall return the original of the grievance form to the employee along with his written decision. Step 3. If the grievance is not satisfactorily resolved in Step 2, or in the case of management and employee organization grievances, the grievant may submit the grievance to the City Manager. Employee grievances are to be submitted within seven (7) calendar days of receipt of the Department Head's decision. Such submittal shall include the original of the grievance form and a written statement of any issues which are in dispute. The City Manager may appoint a member of the City management staff, other than the grievant's Department Head, or an arbiter to hear the grievance and submit a recommendation as to resolution of the grievance. Upon the request of the employee organization, an arbiter will hear the grievance; the grievance will then be treated as an appeal to be processed in accordance with the Hearing and Appeals Procedures. GENERAL PROVISIONS (1) Prior to filing a grievance, the potential grievant shall discuss the issues of concern with the person or organization representative suspected as having violated provisions of the Personnel Rules and Regulations or Memorandum of Understanding. Upon a showing of' good cause to the Personnel Officer, such City of Tustin Grievance Procedure page 3 discussion may be waived between an employee and his immediate supervisor. Cause shall include, but not be limited to, situations wherein alleged inappropriate actions of the supervisor form the basis for the grievance and the employee has reasonable cause to believe that the supervisor would not be objective. (2) An employee may obtain a grievance form from his supervisor or the Personnel Department. All documents, communications, and records dealing with the process of grievances shall be filed separately from personnel files. (3) No retribution or prejudice shall be suffered by employees making use of the grievance procedure by reason of such use. (4) Failure by management at any step of this procedure to communicate their decision on the grievance within the specified time limits shall permit the grievant to proceed to the next step. (5) An employee or management grievant shall be entitled to be present at all steps of the procedure. (6) Failure by the grievant to appeal a decision on a grievance within the specified time limits shall be deemed acceptance of the decision rendered, (7) The time limits specified at any step in this procedure may be extended by written agreement of the grievant and an authorized management representative. VI. EMPLOYEE REPRESENTATION An employee may represent himself or be represented by a repreSentative of the employee oiganization.. (2) If an employee chooses not to be represented by the employee organization and the subject of the grievance involves MOU or other provisions which have been negotiated between the City and the employee organization, the organization may have staff representatives present beginning with Step 3, and shall have the right to present the organization's interpretation of the provisions at issue. Such presentation shall not include comments regarding the merits of the grievance. 96MOU:GRVPROC.'MEA