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HomeMy WebLinkAbout07 TMEA MOU 02-21-95NO. 7 2-21-95 DATE' FEBRUARY 21, 1995 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PERSONNEL SERVICES APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN ,Lx/I!,__n~.!CIPAL EMPLOYEES' ASSOCIATION (TMEA) RECOMSIENq)ATION: 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 $151,000, which includes all of the costs enumerated below. The City agrees to increase Tier II, Employee plus one dependent, of the flexible benefit amount from $350 to $360 per month. The approximate cost of this increase is $2,760.00. The City also agrees to increase flexible benefits amounts equal to the average increase in medical premiums plus 100% of any increase in dental insurance premiums effective August 1, 1995. Any increase to flexible benefits cannot be calculated at this time since it is dependent upon increases which may or may not materialize in May and become effective August 1, 1995. Military buy back for service credit with the Public Employees Retirement System was also agreed to but the cost would depend on how many people apply for this benefit. Since the cost t° the employee can be significant, this is not expected to have an immediate impact to the City. An increase in life insurance coverage to a minimum of $50,000 or annual salary, whichever is greater, was also agreed to and the cost is expected to be approximately $4,755. Severance pay in cases of layoff was agreed to up to four weeks of salary. No layoffs are expected at this time but cost for one employee based on average salary in this group would be approximately $2900. Other changes in language in the Rules and Regulations and M.O.U. as well as administrative reg,~lations have been agreed to regarding shift differential, flexible work schedules, use of personal vehicles, and job share. These are all no cost items to the City. WILLIAM A. HUSTON RE: M.O.U. WITH TMEA Page 2 DISCUSSION: The City and the Tustin Municipal Employees' Association met and conferred from November 28, 1994 to January 5, 1995. A new MOU was drafted to replace the MOU expiring on December 31, 1994. Bettie Correa Senior Personnel Analyst BMC2:MEA95CNC.RPT MEMORANDUM OF UNDERSTANDING TUS TIN MUNICIPAL EMPLOYEES ASSOCIATION AND CITY OF TUSTIN 1-1-95 TO 12-31-95 TABLE OF CONTENTS PAGE Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Article 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. Article 31. Article 32. Article 33. Article 34. Article 35. Article 36. Article 37. Article 38. Article 39. Article 40. Article 41. Article 42. Article 43. Article 44. Article 45. Represented Classes. 1 Compensation 2 Uniforms . Bilingual Compensation. 2 Retirement. Overtime Compensation ......................................... 3 Employee Life Insurance ....................................... 3 Flexible Benefit Plan 3 Retiree's Health Insurance ...................................... 3 Bereavement Leave. 4 Holidays. 4 General Leave. 5 LTD Leave of Absence. 5 Compensatory Time. 5 Rest Periods. 5 Leaves 5 Stand-by Duty ............................................. 5 Call Back Duty ............................................. 6 Educational Incentive Pay ...................................... 6 Tuition Reimbursement. 6 Work Schedules. 6 LTD Plan ................................................ 7 One-Half Hour Lunch: Field Services Employees ....................... 7 Shift Differential 7 Acting Pay ............................................... 7 Pertbrmance Evaluations. 7 Position Classification Reviews .................................. 7 Lay-off Policy ............................................. 7 Management Rights Clause ..................................... 8 Scope of Renegotiation at Conclusion of Contract ....................... 8 Administrative Regulations ..................................... 8 Effective Date 8 Application of Agreement ...................................... 8 Gender. 8 Severability 9 Binding on Successors ........................................ 9 Ratification. 9 Amend ments 9 Notices 9 Subject to State Law. 9 Conclusion of A ~reement. 9 Nc) Change of Benefits ........................................ 9 Contract Bar. 9 Membership Meetings. 10 Term of Agreement ......................................... 10 EXHIBITS mo Proposed LTD Plan Summary. Third Party Advisory Process fi)r Disciplinary Appeals. ,IORANDUM OF UNDERSTANDIN CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS, in accordance with the provisions of the Califi~rnia 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 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 tbr 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 tbr the purpose of representation on issues of wages, hours, and other terlns 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-managelnent general employees of City, whether or not they are individually members of the Tustin Municipal Employees Association. Article 1. Represented Classes. Ail 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 Enforcelnent Officer Communications Officer Community Services Officer Custodian Department Clerk Deputy City Clerk Division Secretary Draftsperson Engineering Aide Equipment Mechanic Equipment Operat~r 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 - Housing Property Officer Public Works Inspector Recreation Coorclinatt)r Records Clerk Rec~rcls Shift Coordinator Reprt)ductitm Operator Secretary Senior Account Clerk Spt)rts Fielcl Specialist Clerk Typist Receptit~nist Transl, ortation Engineer Tree Trimmer Water Services Engineer \Vatcr %'catmcnt Plant Operatt~r Page 2 Article 2. Compensation. io Effective December 23, 1994 or December 26, 1994, depending upon applicable work schedules, salary ranges for classes represented by the Association shall be as outlined in Attachment A. Bo 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. Article 3. Unifl}rms. io The City will provide a unitbrm maintenance allowance of two-hundred and fifty dollars ($250.00) annually tbr those employees required, by the City to wear uniforms full time who are not in the maintenance service. An employee who wears a uniform halt-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 fi)r use by the Building Inspectors and Public Works Inspectors. Co The City will provide eleven (11) sets of pants/shorts and shirts fi)r 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 for one employee designated in City Hall and one employee designated in the Police Department who can demonstrate a skill' in Spanish at the conversational level, tlr in another language which the City Manager has approved as being needed for City business. Should a contlict 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. mo 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 tamable". 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. Bo The City shall amend its contract with the PERS to include Califi)rnia Government Code Section 20930.3, Military Service Credit as Public service. Co The City shall request an actuarial from the PERS to determine the cost of amending the City's contract with thePERS to implementCalifi)rnia Government Code Section 21251.132,2% ~ Page 3 55 Supplemental or Modified Formula for Local Miscellaneous Members. Subject to a maximum payment of $200.00, the Association agrees to pay the cost, if any, of said actuarial. 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 fc)r 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, 1995 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 $267 $35O $478 $360 effective 8-1-95 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. Bo 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 folloxving City sponsored programs: . 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 ti~ne xvhen changes may be made in allocations to the respective programs. Page 4 C. Section 125 Program The Section 125 Program in effect as of January 1, 1995 will be continued in full three 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. D. Effective 8-1-95, the Flexible Benefits Contributions filr the respective coverages, ie; Employee Only, Employee + 1 Dependent and Employee +2 tlr More Dependents, shall be increased by the average of the dollar amounts of the premium increases in medical and dental insurance for said coverages. The medical insurance premiums to be used in computing increases will be those of plans presently being used by City employees. Eo During the term of this agreement the Employee Insurance Review Committee will be convened to review Association concerns regarding dental insurance and such other insurance issues as may be mutually agreed to by the City and Association. 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 I, 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 xvith pay for the purpose of bereavement leave tbr 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 1 I. Holidays. The fi/llowing nine (9) fi~ll and two (2) half (1/2) days shall be observed as paid holidays by all fifii-time regular and probationary employees in permanent positions, except Police personnel, as shown below: 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 tlr Governor as Thanksgiving Day. The day following the Thursday in November designated as Thanksgiving Day. New Year's Day Washington's Birthday Memorial Day Independence Day Labour Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Page 5 Afternoon before the Christmas Day Holiday December 25 Afternoon before the New Year's Day Holiday Christmas Eve Holiday Christmas Day New Year's Eve Holiday When a holiday occurs on a Sunday, the fi)llowing Monday will be observed instead. When a holiday occurs on a Saturday, the preceding Friday will be observed instead. For each designated holiday, full- time regular and probationary personnel on shifts will receive eight (8) hours of General Leave for each full day and 4 hours for each 1/2 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 full day and 4 hours for each 1/2 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 full day and 4 hours for each 1/2 da,,'. If the number of hours paid on a holiday is less than the hours that w~uld 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 w~uld receive for his/her regular shift. Article 12. General Leave. General leave with pa.,,, 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 0-5 168 '''< 6-10 208 Over 10 248 * 160 hours for employees hired after 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 fi~r the duration of his/her disability subject to a maximum period of two (2) years. Article 14. Compensatory Time. Employees will be paid fi~r all compensatory time in December of each year provided that an em?loyee may retain a maximum of fi>try (40) hours in his/her account if notice of such desired retention is submitted t,~ 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 schedulin,~ of rest perit~ds shall be at the discretion ~f the employee's supervisor and no compensatit~n will be prt~vi~led fi)r rest periods not taken. Article 16. Leaves. Sectit~n $. Attendance and Leaves of Resolution #88-103 will be amended to provide that needs of the empl~x re will be c,~nsidered in the granting of leaves of absence and en~ployees may request a leave of absence without pay t~ 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 { I) hour of straight-time compensati{)n fi)r each eight (8) hours of such duty. Such ct)mpcns:tti[)n t)n H,,iidays shall bc at the rate of two (2) hours {)f straight-time compensation fi)r 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-halt) 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 flit educational incentive pay as set forth in Article 17 of the previous M.O.U. executed March 31, 1987. The continuing education requirement remains the same; however, no employee shall be able to increase his tlr 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 filllowing conditions and related Council Policy statements: A. Department Head and City Manager approval must be obtained befi)re enrollment in the course. Bo Reimbursement shall be of tuition fees, textN~oks, lab fees, tlr 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 three hundred and fifty dollars ($350.00) in any calendar year will be paid upon receipt by the Personnel Department of pnlof of successful completion of the course and proof that payment of fees has been made. Article 21. Work Schedules. mo Effective April 1, 1993 the City will ilnplement 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 ()ne period of two consecutive clays off.) tilt all employees except Communications Operators who, no later than July 1, 1993, will work either a 3/12.5 schedule, (in a 28-day work cycle the employee works three 12.5 hour days where the scheduled work shift commences and ends at the same time each da3'. with 4 consecutive days t)ff. in each seven (7) calendar day period, except that the employee must work one additional 10-hour shift during the work cycle) tlr 4/10 work schedule; (in a 7-day work cycle the emplt~yee works fimr 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 tlr 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. B° Any employee's work Schedule may be tempt)rarily changed to accommodate training assignments which are eight (8) tlr more htmrs in duration. Page 7 Article 22. LTD Plan. mo The Canada Life Assurance Company Long-Teton Disability Insurance Plan in effect as of January 1, 1995 shall continue in tull t'orce and effect during the term of this agreement unless changed by the mutual agreement of the City and Association. Bo 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 t:all 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 tbr thirty (30) consecutive calendar days. Article 26. Perfl}rmance Evaluations. An employee may not appeal or grieve a performance evaluation unless said evaluation results in the denial of a merit incre~qe. Nothing herein shall restrict an employee from having a written rebuttal attached to a performance evaluation with which the employee disagrees. Article 27. Position Classification Reviexvs. The city will contract with an outside consultant to review the positions of Department Clerk - Water Division and Department Clerk - Field Services to determine whether said positions should be reclassified to the class of Secretary. The review is to be completed on or befi~re 5-1-95. If the review is not completed by this date. any approved changes in the classification of the positions shall be retroactige to the beginning of the pay period closest to 5-1-95. The association reserves the right to reopen the meet and confer process to address results of the review. Article 28. Severance Pay and Assistance to Layoffees. mo 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 g~ Co Letters of recommendation will be provided for employees whose perfi)rmance was satisfactory on the date of their layoff. Reasonable assistance in locating alternative employment will be provided for employees who are laid off. Article 29. Manacement Ri_ehts Clause. Except as otherwise specifically provided in this resolutkm, the Personnel Rules & Regulation and Department Regulations, and amendments and revisions thereto, will remain in fo)roe and effect, whether exercised tlr not, and they are the sole and exclusive rights and functions of management, including, .but not limited 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 tbr 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 tlr discharge any employee. The right to take such fl~rther 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 30. 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 31. Administrative Regulations. City Manager may issue written administrative personnel regulations designed to augment or clarity the provision of this memorandum. Article 32. Effective Date. All provisions set ti/rth herein shall be effective as to non-administrative, non-confidential and non-management general employees of the City of Tustin as of January 1, 1994~ unless specified otherwise. Article 33. Applicati~n of Agreement. The parties agree that the term "employee" whenever used herein, whether singular ~r 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 t~nlv said employees. It is not solely limited to the members of the Tustin Municipal Employees Association. Article 34. Gender. Words used in this memorandum in the singular include the plural, and the plural include the singular, x3,'t~rds appearing in the male gender include the female gender and the female gender include the male gender. Page 9 Article 35. 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 36. Binding on Successors. This Memorandum shall be binding on the successors and assigns of the parties hereto and no provisit~ns, terms tlr obligations herein contained shall be affected or changed in any way whatsoever by the consolidation, merger, transfer or assignment of either party hereto. Article 37. Ratification. This memorandum contains all the terms and conditions agreed to between the parties. The memorandum shall be of no filrce or effect unless and until duly approved, adopted, ratified, and agreed to by the City Council of City, tlr in alternative, that all of the substantive provisions contained herein are adopted by Resolution of the City Council. Article 38. Amendments. This memorandum can be altered or anaended only by written agreement between the parties hereto. Article 39. Notice,;. Notices hereunder shall be in writing, and if to Tustin Municipal Employees Association, shall be mailed to Tustin Municipal Enaployees Associatit~n, 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 40. 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, tlr 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 restrictit~n upon the right of City to receive funds, share in funds, and/or receive other benefits fi'om the United States of America, State of Califi)rnia, or any subdivision or agency of either of them or any t)ther political subdivision tlr entity. Article 41. 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. Therefi/re, fi~r the lite of this Agreement. City tlr T.M.E.A. shall not be compelled to meet and confer concerning anv mandatt~ry bargaining or meet and confer issue, whether specifically met anti conferred upt)n prior tt~ 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 42. No Change of Benefits. During the term of this agreement there shall be no change of benefits or privileges contained in existing rest~lutit~ns and rules nt)t specifically revised by the provisions of this agreement, except after ct,mpliance with applicable laws. Article 43. Contract Bar. The rect~gnitit)n rights of Tustin municipal Employees Association shall not be subject to challenge fi~r a perit,d t~f nt~t less than twelve (12) m{~nths fi~llt~x~'ing the date of recognition or until the expiration of this Memorandum t~f Understanding. whichever is later; provided that recogniti~)n rights may be challenged between ~)ne hundred and twenty (120) and one hundred and fi~y (150) days prior to the expiration of the Memt~randum ~)f Understanding and that no Memorandum of Understanding shall be construed to be a bar fi~r a perit~d t~f m~rc 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 lm~x'isions t~f this section. Page 10 Article 44. Membership Meetings. 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 45. Term of Agreement. The term of this agreement shall be from the date of its execution to and including December 31, 1995. IN WITNESS WHEREOF, the parties hereto have executed this document this , 1995. day of CITY OF TUSTIN BY WILLIAM A. HUSTON City Manager TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION BY PRESIDENT TMF..AF1 N.95 INDEX PAGE Acting Pay ....................................................... 7 Administrative Regulations ............................................. 8 Amendments .................................................... 7, 9 Application of Agreement .............................................. 8 Bereavement Leave .................................................. 4 Bilingual Compensation ............................................... 2 Binding on Successors ................................................ 9 Call Back Duty .................................................... 6 Compensation .............................................. 2, 3, 5, 6, 9 Compensatory Time ............................................... 3, 5 Contract Bar ...................................................... 9 Dental Insurance .................................................... 3 Educational Incentive Pay .............................................. 6 Effective Date ................................................... 2, 8 Gender .......................................................... 8 General Leave ................................................... 3, 5 Hearings ...................................................... 7, 13 Holidays ....................................................... 4, 5 Lay-off Policy ..................................................... 7 Leaves .......................................................... 5 Life Insurance ..................................................... 3 LTD Plan ........................................................ 7 Lunch .......................................................... 7 Management Rights Clause ............................................. 8 Medical Insurance ................................................... 3 Membership Meetings ............................................... 10 No Change of Benefits ................................................ 9 Notices ......................................................... 9 Overtime Compensation ............................................. 3, 6 Performance Evaluations ............................................... 7 Ratification ........ , .............................................. 10 Represented Classes ................................................. 1 Rest Periods ...................................................... 5 Retirement ....................................................... 2 Scope of Renegotiation ................................................ 8 Severability ............................. : ......................... 9 Shift Differential ................................................... 7 State Law ........................................................ 9 Term of Agreement ................................................. 10 Tuition Reimbursement ............................................... 6 Uniforms ........................................................ 2 Work Schedules .................................................... 6 CITY OF TUSTIN Amendment to Rules & Regulations REDUCTION-IN-FORCE/LAYOFFS EXHIBIT A SECTION 10. REDUCTION IN FORCE m. Authority. The City Manager may lay off employees at any time for lack of work, budgetary reasons, technological changes or other City actions that necessitate a reduction in the work force. g. C. Reduction-in-Force. When it becomes necessary to reduce the work force the City Manager shall designate the position(s) or classification, division, department, or other organizational unit in which positions are to be eliminated. Contract and temporary employees in the same classification as the positions proposed for elimination within the affected organizational unit shall be laid off first. Probationary promotional employees who are laid off shall be returned to the position held upon their promotion. At least two weeks notice shall be given to any employee who is to be laid off. Order of Layoff. The order of layoff of regular employees shall be made in accordance with a system which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: (1) The employee's performance record with primary weight given to the employee's most recent performance evaluation, except when an employee has less than one year seniority with the City; in which case only seniority will be used. (2) Seniority; (a) in the City service, (b) in the classification, (c) in the department. Seniority is service time beginning with the employee's date of appointment to a permanent position. Seniority shall continue to accrue during periods of vacation, sick leave, layoff not exceeding eighteen (18) months, any authorized leave of absence of less than thirty (30) days, or any call to military service for the duration of the call to duty. Seniority shall not accrue during any other break in service. Do Reassignment/Transfer. An employee who would otherwise be laid off for failure to accept a reassignment or transfer may terminate and be placed on the Reemployment List. An employee who chooses to terminate and have his/her name placed on the reemployment list shall notify the department in writing of his/her decision at least three (3) working days prior to the effective date of the proposed reassignment or transfer. Such termination shall be on the same date as the reassignment or transfer would have been effective. Eo Fe Bumping Rights. Any employee subject to layoff who has held 'regular status in a lower classification within the same job family of his/her class may request placement in the lower class. If such request.is made, an Order of Layoff list consisting of the names of employees in the requested class and the employee requesting placement will be prepared and used in effecting a layoff consistent with provisions of this section. An employee ~vho has been involuntarily transferred to a class from which a layoff is to be made shall have automatic "bumping rights" to his/her previous classification for up to one (1) year from the effective date of the transfer. Continuation of Benefits. Employees who are laid off shall have their medical insurance benefits continued to the end of the second month following the date of their layoff if they are not covered by another medical plan at the time. Reemployment List. The name of every regular employee who is laid off, transfers, or elects to demote to a formerly held classification in the same department for longer than one pay period due to a Reduction-in-Force, shall be placed on a Reemployment List. Names may be removed from a Reemployment List for anY of the following reasons: (1) The expiration of eighteen (18) months from the date of placement on the list. (2) Re-employment in a permanent full-time position in a department other than that from which the employee was laid off. (3) Failure to respond within 14 calendar days of mailing of a registered letter regarding availability of employment. (4) Failure to report to work within 14 calendar days of mailing of a registered letter containing a notice of reemployment, absent mitigating circumstances. (5) Individual'requests in writing that his/her name be removed from the list. Ho Reemployment. (1) Unless exceptional circumstances occur, of which the Concerned individual shall be fully apprised in advance, vacancies to be filled within a department Shall be offered, first in order of performance to individuals on the Reemployment List who at the time of the Reduction-in-Force held a position in the same classification within 'the department as the vacancy to be filled. I, J. (2) A regular employee who has been laid off or terminates in lieu of reassignment or transfer and is reemployed in a permanent position within eighteen (18) months from the date of'his/her layoff or termination shall be entitled to: (a) Buy back and thereby restore all general leave credited to the employee's account on the date of layoff or termination at the same rate as it was paid off. This restoration must be requested in writing within 30 days of returning to work and must be fully paid back within six (6) months of the return to work. Co) Restoration of seniority accrued prior to and accrued during layoff. (c) Credit for all service prior to layoff for the purpose of determining the rate of accrual of general leave. (d) Placement in the salary range as if the employee had been on a leave of absence without pay if he/she is reinstated to the same job classification in the same department from which he/she was laid off or terminated. (3) If the person who is reemployed has not satisfactorily completed the required probationary period in the department of appointment he/she shall serve a probationary period. Notices. All notices and requested actions referenced in this section shall be in writing and sent by registered mail or delivered personally to the addressee. All notices to the City shall be addressed to the City Manager. Employee shall be responsible for notification to the City of any address change and any such notice shall be served in accordance with this paragraph. NOn-Liability. Not withstanding anything to the contrary stated herein, the City shall use its best efforts to re-employ laid-off employees under this agreement; but in doing so, shall incur no liability to any previous employee under any circumstances whatsoever. No liability or cause of action shall accrue against the City for any performance or failure to perform hereunder. MIM:I.AYOFF.RR AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR PERIOD OF 1-1-93 TO 12-31-93 CITY OF TUSTIN AND TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION In accordance with provisions of the California Government Code Sections 3500 et.seq. and Section 17 of the Personnel Rules and Regulations of the City of Tustin, City .representatives have met and conferred in good faith with representatives of the Tustin Municipal Employees AsSociation pertaining to certain amendments to City Resolution //88-103. These meetings have resulted in an understanding and this agreement to recommend to the City Council that the Memorandum of Understanding, City of Tustin and Tustin Municipal Employees Association for the period January 1, 1993 through December 31, 1993 be amended to effect changes in Resolution//88-103 as incorporated in the Attached "Proposed Amendment to Personnel Rules, Reduction-in-Force/Layoffs". IN WITNESS WHEREOF, the parties hereto have executed this document this 3rd day of May, 1993. CITY OF TUSTIN BY WILLIAM A. HUSTON' City Manager TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION BY ~'AT~'Y ~_.JARKUSIC - President MD4:layo ffsig Exhibit B TIIIRD PARTY ADVISORY PROCESS FOR DISCIPLINARY APPEALS Disciplinary actions which may move beyond the Department Head's decision include the actions of termination, suspension, reduction of salary and delnotion. The "third part3,'' advisory process is the step between the Department Head's action and the City Manager's final decision. In the Department Head's notice of final disciplinary action (which should be served by registered mail tlr personal delivery) shall be a statement which clearly in/brms the employee that he/she has the right, within 10 working days after receipt of the response, to request the next level of appeal. The day the employee receives the Department Head's final notice shall not count as one of the 10 days. The employee's request for the next level of.appeal inusI be addressed to the Personnel Officer and received in the Personnel Office so that same is date stalnped by the Personnel Office'within the 10-day period. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall be considered conclusive and shall take effect as prescribed. If within the 10-day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Personnel Officer, an appeal hearing shall be established as tbllows: ho If a single third party hearing officer cannot be agreed upon by the Personnel Officer and the employee's representative (or employee alone if unrepresented), the American Arbitration Association shall be requested to submit a list of 7 persons qualified to act as arbiters to the City and employee. Within 10 days following receipt of the list of arbiters, the parties shall meet to select the arbiter. The parties shall alternately strike I name from the list of arbiters (the right to strike the first name to be determined by lot) until 1 name remains, and that person shall be the arbiter. Bo Where practicable, the date for 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 Personnel Officer. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. Co All hearings shall be private provided, however, that the arbiter shall at the request of the employee, open the hearing to the public. Do Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the request of either party, not less than 5 working days. prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the arbiter. Eo 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 ill the conduct of serious affairs, regardless of the existence of any comrnon law or statut~ry rules which might make improper the admission of such evidence over objection in civil actitms. Hearsay evidence lnaV be used for the purpose of supplementing tlr explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil acti~ns. The rules of privilege shall be effective to the same extent that they are now tlr hereafter may be recognized in civil and criminal actions, and.irrelevant and unduly repetitious evidence shall be excluded. The arbiter shall not be bound by technical rules of evidence. The arbiter shall rule on the admission or exclusion of evidence. Third Party Advisory Proce3. 8/88 Page 2 .,r Disciplinary Appeals Fo 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 or 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 his/her own behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, arbiter, employee/employee representative) lnutually agree that same is not necessary. Go The hearing shall proceed in the following order, unless the arbiter, for special reason, otherwise directs: 1. The party imposing discipline shall be permitted to make an opening statement; 2. The appealing party shall then be permitted to make an opening statement; . The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence; . The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence tbr any affirmative defenses asserted; o The parties may then, in order, respectively offer rebutting evidence only, unless the arbiter tk)r good reason, permits them to offer evidence upon their original case; . Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbiter. H° The arbiter shall determine relevancy, weight, and credibility of testimony and evidence. He/she 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 arbiter, in his/her discretion, fi)r good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The arbiter, prior to or during a hearing, may grant a continuance fi~r any reasons he/she believes to be important to reaching a fair and proper decision. The arbiter shall render his/her judgen'tent as soon after the conclusion of the hearin,,, as possible and in no event later than 30 days after conducting a hearing. His/her decision shall set fi~rth findings of fact and conclusions. The opinion shall be aclvis~ry only. The arbiter may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting or modifying the disciplinary action invt~ked against the employee. He/she may nt)t rectm~mend for discipline m{)re stringent than that invoked by the Department Head. Third Party Advisory Process fi~r Disciplinary Appeals 8/88 Page 3 The arbiter's.opinion and recommendation shall be filed with the City Manager, with a copy sent to the charged employee, and the Personnel Officer and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the arbiter's recommendation, the opinion shall set forth the recommended date the employee is recommend to be reinstated and/or other recommended action. The reinstatement date. if appropriate, may be any time on or after the date of disciplinary action. Jo Ko Within 30 days of the receipt of the arbiter's findings and recommendations, and transcript (which is optional only in certain cases), whichever date is later, the City Manager shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the arbiter. Prior to making a decision which modifies or rejects the recommendation of the arbitrator, the City Manager shall order and read the transcript of the Third Party Advisory Process. Prior to making a decision which supports the arbiter, the City Manager may order and read the subject transcript, at his/her option. The City iManager shall not conduct a de novo hearing. The City Manager may, at his/her option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Manager shall be final and conclusive. Copies of the City Manager's decision, including the arbiter's recommendation(s) shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager. Each party shall bear equally the cost of facilities, fees and expenses of the arbiter, including the court reporter and transcripts. If the City Manager orders a transcript for his/her review, the ;City shall bear the cost of providing the transcript. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled arbitration, thereby resulting in a fee charged by the arbiter or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to be effective as of the date the employee was suspended from duty pending hearing before and decision by the City Manager, whichever is applicable. If discipline imposed resulted in loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate. 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