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HomeMy WebLinkAbout09 TMEA MOU 03-03-97AGEN DATE: ..... __ iii ii inter-Com NO. 9 3-3-97 FEBRUARY 25, 1997 TO: FROM: SUBJECT: WILL~ A. HUSTON, CITY .MANAGER PERSONNEL SERVICES TMEA MEMO~~~ OF UNDERSTANDING (MOU) sUMMARY:. A~:~ZE C1TY TUSTIN MUNIC~AL'EMPLOyEESAsSocIATION WITH' CHANGES TO AND HEALTH :AND :WELFARE BENEFITs EFFECTIVE jANUARY;:ii'1997;.:':~ jANUARy~iii998:..ii .~' . · · : . : .':: RECOMMENDATION: That the City Council authorize the City Manager to sign the Memorandum of Understanding with the Tustin Municipal Employees Association agreeing to grant salary increases to non- sworn, non-management.employees of 2.5 % effective January 3, 1997, and 3 % effective January 2, 1998, and increases in health and welfare program. FISCAL IMPACT: The salary increases total approximately $133,333 for 1997 and'S163,998 for 1998. The increase, in health and welfare benefits is approximately $34,512 per year. There were also some language, changes in the Rules and Regulations and M.O.U. which do not have any significant cost implications. BACKGROUND: The City has been negotiating with TMEA since December 5, 1996. Changes to language relate to Payment for Required Commercial Drivers Licenses, Stand-by Pay, General Leave accrual, Holiday Schedule Adjustments, and Actuarial Request from PERS. Salary increases given approximate actual and projected cost of living per the Consumer Price Index. Bettie Correa Senior Personnel Analyst BMC5:97MEACNC.RPT MEMORANDUM OF UNDERSTANDING TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION CITY OF TUSTIN 1-1:97 TO 12-31-98 1~.. DRANDUM OF UNDERSTANI i 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 Tustin, 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 WHE~S, 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. WITNESSETlt 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 empowe/'ed to act on behalf of all non-administrative, non-confidential and non-management general employees of City,. 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 Administrative Secretary Account Clerk Associate Civil Engineer Assistant Civil Engineer Assistant Planner Associate Planner Building Inspector Building Technician · Business License Technician Clerk Typist Code Enforcement Officer Communications Officer Community Services Assistant Community Services Officer' Custodian Deputy City Clerk Draftsperson Engineering Aide Equipment Mechanic Equipment Operator Intermediate Clerk Typist Junior Civil Engineer. l_ead Communications Officer Maintenance Leadworker Maintenance Worker Mechanics Helper Meter Reader Non-Sworn Investigator Office Clerk Office Support Specialist Parking Control Officer Plan Checker Plan Checker/Senior Bldg. Inspector Police Services Officer Property and Evidence Technician Project Manager Page 2 Represented Classes Continued: Property Officer Public Works Inspector Recreation Coordinator Records Clerk Records Leadper'son Reproduction Operator Senior Account clerk Sports Field Specialist Transportation Engineer Water Services Engineer Water Treatment Plant Operator Article 2. Compensation. A B, 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 adjustmen, t 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. ..... :,-1,,.,..1 .:,,-, A ++,..,-.1.,..,.,,.,..,+ A +h .... ,,- .-...,,-1 .,., ,,, .., ,e,., .. ~.-,-,,-,--.-,.-, ,,.;11 I.,,,~ ..-,-,,., .... -.1 +.-. ,....1~ .... Oh,,.4,...1.--. ,,.~,.,,.,-...,-...,.,,~..,,,.1..,+;,-,,.~_ T+ .2, .,..,,,-,,-iA +k.-,+ +k,~ {"~;{-,, ,.,;11 ,,..~,-,1,-~, .-,,,.-,;1,-.k1,~ {~/~ ~ "T"/.,,., ,.,,c,c',.,,.,+:,,,., ,../,.,+,~ ,.,.~' ,.,T, ,.. .., ,.,,,, ,,,:11 1.,,,. A--.-.:1 ifA: l Of'~ · 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) Page 3 · g. 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 six--al 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. A. The_ City shall continue to "pick up" and pay on behalf of each employee the employee's required co-ntrib~tiofi tO the Public' E/ffpl0yees-R~tire-mdnt systei~ (PERS)-in' th~-'amo/~nt · equal to seven percent (7 %) of the employee's "compensation earnable ". Employees serving in a classification 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. g. The City shall amend its contract with the PERS to include California Government Code Section 20930.3, Military Service Credit as Public Service. D. 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 eompensation 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. Page 4 Article 7. Employee Life Inmrance. 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 BenefiB Plan. Effective on c.r bc. fc, re January 1, 1996 ~ the Flexible Benefits Plan will be as follows: A. Flexible Benefits Contribution per month per eligible employee. Employee Only Employee + 1 . Dependent Employee + 2 or more Dependents 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. 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: le e 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 requiiements including restrictiOns as to. the time when changes may be made in allocations to the respective programs: Page 5 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 muse. Participation in the Program is voluntary and such costs as may attend participation are to be paid by the employee.. Articie 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. ltolidaYs. The follOwing days shall be holidaYs for which ali full-time regUlar and probationary employees in permanent positions, will receive compensation either in pay or paid time off. ' January 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. Page 6 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 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 emplc~yee 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. Be 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-ram 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. ,,, ~~$~f: Service General Leave Hours Per Year ::::i:~:!!:'.:!!i:i:i!i:!:i!i::~:'::iii:i:i~i!i:::i!!:.:iiii:::: :..:::::.....:~:..:......::..:::::.....::::: ::::: : :.: :.:.:.:.:.:.:.:.:.:....:.:.:....:~:.:.::.:.~:.:.:.::.:.x..~...... ...... :.:.: ...... .:...:.-..,..-.,,,.-.×. ....... ~.....,,-.. ........................ 'i:X i .......................................................................................... ' ....... ............... ::::::::::::::::::::::::::::::::::::::::::::::::::::::: · ....:~:.~.... 6-10 ~i~i?~i~i~ ' 208 . ............ ~ . Over 10 ?::iii.:..i?.?:i . 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. Page 7 Article 14. Compensatory Time. EmPloyees will be paid for all compensatory time in December of each year provided that an employee m. ay 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. ~~~!~~~iii~ii~~::~::~ ~tmna *--' -~'"~' :z ~ ..... ~:~.~,~ ~.. ,~ ~:,. a~ ...... sh~ be ~m~n~ at the rote of one (1) hour of s~ght-fime rumination for tach eight (8) hours of such du~. Such ~m~n~fion on Holi~ys sh~ be ' at ~e ~te of ~o (2) hours of s~ght-fime rumination for tach eight (8) hours of smd-by du~. tv T.. ~.~.~:,:.... ,.. ~,~...~ ,. .......... ,:.... :r ....Employees Article 18. Call Back Du . ,~, ,, .... .,,, ~., ....,,j ,..,,,,~.,. ....... , ....j, ,.~ ..... ,~,~:....,.,~..~ ~.., ,t.,. r.:., ~,t ...... shall receive a minimum of two (2) hours overtime compensation (time and one-hal0 for any call which requires them to return to duty. A-rti-Cie 19. EdU~iioha/ in-~:~tive ray. 0nly those employees i/eCeiving 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 emplo, yees aftei' 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 statem6nts: A. Department Head and City Manager. approval must be obtained before enrollment in the course. Bo C. Reimbursement shall be of tuition fees, textbooksl lab fees, or required suPPlies upon completion of the course with a satisfactory grade and after the completion of the initial probationary period. .. Tuition reimbursement shall not be made if the employee is' drawM, g Veteran's education benefits or any other reimbursement for the same courses. Page 8 De 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 Schedule~, A. g. C. Subject to the conditions in this Article the City will continue the 9/80 work sdhedule, (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 t° 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. . Any employee's work schedule may be temporarily changed to accommodate training assignments which are eight (8)' or more hours in duration. 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 flexible work schedule and the clause, "subject to any modifications approved by the City Manager", will be deleted. Article 22. LTD Plan. 'A. g. 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. 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. C. 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. Page 9 Article 23. One-Half Hour Lunch: Field Service~ 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 25. Shift Differential. Any Custodi_an, 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 26. 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 ieast 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 27. 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 28. 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 29~ Severance Pay and Assistance to Layoffees. he 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. Be 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. Page 10 Article 30. Layoff Policy. During the term of this MOU the City and Association shall 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 ocxasion 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 31. 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 necessaxy information, in a timely manner, to facilitate such .a bid. Article 32. Fmnily 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. l Article 33. Personnel Rules and Regulationq. City resolution' #88-103 ~ tS~ii~iiih~~ii~ ~~::"' ::::- - ~ ======================= ' :: :.:.:-:.:.:.:.:.:.:.:.:....:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:..:.:.:..:.:.:.:.:.:+:.:.: 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 confm: requirements stated in the California Government Code, Section 3500 et seq. ' SECTION 8. ATrENDANCE & LEAVES, E. General Leave (2) - General leave may be accumulated to a maximum of twice' the employee's annual entitlement Any · ~: ~ ~ ,: ~ * '*' * .~*~-?:~:>~*~:~::~::~:~::.~:~:::: ;~' *:::~¥~::~:~:::::- ':::~::::* -:. :4T:~:~::::::~:~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~,,,~ ,~ ~,~ ~,,~ ~ ~ - ..:.:<.~:~::'.~:~::~::..:::~::::~+:+:.:.:.:.. gene~ lmve before ...... ~ -, ,-,,~,,~ .--~ ,~ ~-~ accumulaean ~~l:~:~e~. ...... Article 34. Management Ri~,hts 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: Page 11 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. Article 35. 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 th'ereafter be included in the meet and confer process at the request of either party. Article 36. Due Process Rights. Due process rights mandated by California statutes Or judicial direction~.will.be observed~ in the taking of-the disciplinary actions as-contemplated in City Resolution //88-103, SECTION 8. ATrENDANCE 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.. This article is not t° be interrupted as depriving employees of other due process rights mandated by California law. , Article 37. 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 38. 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 Tusfin 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 39. 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 40. 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. Page 12 Article 41. Binding on Sl~¢cessors. 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 42. 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 43. Amendments, This memorandum can be altered or amended only by written agreement between the parties hereto. Article 44. Notices. Notices hereunder shall be in wri'ting, 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. Article 45. Subject to State Law. Any provisions contained in this agreement to the con~ 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 upofi fl~e' right-~of city t°'receive fund~i"sh~-e 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 46. 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 andatory 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 47. 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 48. 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 hnd fifty (150) days prior t° the expiration of the Memorandum of Page 13 Understanding and that no Memorandum of Understanding shall be construed to be a bar for a perio¢, 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 49. Membership Meetings. T.M.E.A. shall be entitled to two (2) Citywide membership meetings each calendar year (three (3) in 1996). 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 50. Term of Agreement. The term of this agreement shall be from the date of its execution to and including December 31 1 ~ ~r ..~ x.~ o :::::::::::::::::::::: Tusfin Municipal Employees Association - Memorandum of Understanding - 1-1-97 TO 12-31-98 IN WITNESS WHEREOF, the parties hereto have executed this document this day of .., 1997. CITY OF TUSTIN BY · TUSTM MUNICIPAL EMP~YE~ ASSOCIATION ._ By WILLIAM A. HUSTON City Manager SOROUSH RAHBARI President TABLE OF CONTENTS Article 1. Represented Classes .................................... 1 Article 2. Compensation ' 2 Article 3. Uniforms .......................................... 2 Article 4. Bilingual Compensation ............................ . ...... 3 Article 5. Retirement ......................................... 3 . Article 6. Overtime Compensation ................................. 3 Article 7. Employee Life Insurance ................................. 4 Article 8. Flexible Benefits Plan ' ' 4 Article 9. Retiree's Health Insurance ................................ 5 Article 10. Bereavement Leave .................................... 5 Article ! 1. Holidays ........................................... 5 Article 12. General Leave. . eeleeeeeeeeee~.~eee.eeeeeee_l~.ee_eee_el~e__6 Article 13. LTD Leave of Absence ................................. 6 Article 14. Compensatory Time ......................... : ......... 7 Article 15. Rest Periods ........................................ 7 Article 16. Leaves ............................................ 7 Article 17. Stand-by Duty ........ ' ......................... . ..... 7 Article 18. Call Back Duty ............... .. ...................... 7 Article 19. Educational Incentive Pay. ' '7 Article 20. TuitiOn Reimbursement. ' ' 7 Article 21. Work Schedules ..... · ................................. 8 Article 22. LTD Plan ......................................... 8 Article 23. One-Half Hour Lunch: Field Services Employees ................. 9 ArtiCle 24. Commercial Driver's License ............. · 9 Article 25. Shift Diff'e~ ...... : ............................ 9 Article 26. Acting Pay ......................................... 9 Article 27. Performance Evaluations ...... ' ........................... 9 Article 28. Appeals and Hearing~/Grievance Procedure ..................... 9 Article 29. Severance Pay and Assistance to Layoffees ..................... 9 Article 30. Layoff Policy ' ' 10 Article 31. Contracting Out ...................................... 10 Article 32. Family Leave ' 10 Article 33. Personnel Rules and Regulations ........................... 10 · Article 34. Management Rights ClauSe ' 10 Article 35. Scope of Renegotiation at Conclusion of Contract ................ 11 Article 36. Due Process Rights ................................... 11 Article 37. Effective Date ....................................... 11 Article 38. Application of Agreement. 11 Article 39.. Gender... ................................. ' ....... 11 Article 40. Severability. . 11 Article 41. Binding on Successors .................................. 12 Article 42. Ratification ........................................ 12 Article 43. Amendments. 12 · Arficl~ 44. Notices. · 12 . Article 45. Subject t° State Law .................................... 12 Article 46. Conclusion of Agreement ................................ 12 - Article 47. No-Change of Benefits ................................. 12 Article 48. Contract Bar. ' 12 Article 49. Membership Meetings ......................... , ....... 13 Article 50. Term of Agreement ................................. ... 13