Resolution - 9068RESOLUTION NO. 9068
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 7223,
RELATING TO FIXING COMPENSATION AND BENEFITS FOR PERSONNEL
AND CLASSES REPRESENTED BY THE SERVICE EMPLOYEES'
INTERNATIONAL UNION, AFL-CIO, LOCAL 347.
WHEREAS, the City of West Covina has met and conferred with
the Service Employees' International Union, AFL-CIO, Local 347
(hereinafter SEIU); and
WHEREAS, the City and SEIU have agreed upon certain changes
in salary and working conditions for members of said Union for
the period commencing with the date of approval of this
Resolution and ending June 30, 1997; and
WHEREAS, the Memorandum of Understanding has been referred
to the City Council;
NOW, THEREFORE, the City Council of the City of West Covina
does hereby resolve as follows:
SECTION 1. Salary Effective July 2, 1994, July 1, 1995,
and June 29, 1996, the City shall provide salary increases in
amounts which place represented employees at a level consistent
with the market average as determined by a survey of local public
agencies.
SECTION 2. Other changes to the terms and conditions of
employment are detailed in the agreed upon MOU as incorporated
herein as "Exhibit A." Specific changes to provisions covering
Special Pay have been agreed upon.
SECTION 3. Where provisions of the MOU are inconsistent
with existing Personnel Rules, the MOU shall govern.
SECTION 4. The remaining provisions of Resolution No. 7223,
as amended, shall remain in full force and effect until amended
or repealed by Resolution of the City Council.
SECTION 5. The effective date of this Resolution is
April 5, 1994.
SECTION 6. The City Clerk shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 5TH DAY OF APRIL, 1994.
ATTEST:
City Clerk
I HEREBY CERTIFY that the
adopted by the City Council on
foregoing Resolution was duly
the 5th day of April, 1994.
AYES:
Councilmembers
Herfert,
NOES:
Councilmembers
None
ABSENT:
Councilmembers
None
ABSTAIN:
Councilmembers
None
APPROVED AS TO FORM:
(50 9)h
City Attorney
ILRE90-Sm.93
Manners, McFadden, Wong, Jennings
City Clerk,
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MEMORANDUM OF UNDERSTANDING
BETWEEN
REPRESENTATIVES OF
FOR THE CITY OF WEST COVINA
Y, N e
SERVICE EMPLOYEES' INTERNATIONAL ONION,
AFL-CIO, LOCAL 347
JANUARY 11 1994 THROUGH JUNE 30, 1997
EXHIBIT "A"
TABLE OF CONTENTS
PAGE NO.
SECTION1. SALARY ...................................... 1
SECTION 2. RETIREMENT .................................. 2
SECTION 3. MEDICAL AND DENTAL INSURANCE BENEFIT........ 2
SECTION 4. RETIREE HEALTH BENEFIT ...................... 2
SECTION 5. STATE DISABILITY INSURANCE (SDI)............ 3
. SECTION 6. WORK RELATED DISABILITY COVERAGE............ 3
SECTION7. LIFE INSURANCE .............................. 3
SECTION S. LONG TERM DISABILITY INSURANCE .............. 3
SECTION 9. VACATION USE .............................. 3
SECTION 10. SICR LEAVE .................................. 5
SECTION 11. BEREAVEMENT LEAVE ........................... 8
SECTION12. HOLIDAYS...' ................................. 8
SECTION 13. SPECIAL PAY ................................. 9
SECTION 14. TUITION REIMBURSEMENT ....................... 11
SECTION 15. UNAUTHORIZED ABSENCE ........................ it
SECTION 16. UNIFORMS .................................... 11
SECTION 17. BOOT ALLOWANCE .............................. 12
SECTION 18. LAYOFF POLICY & PROCEDURE ................... 12
SECTION 19. MILEAGE REIMBURSEMENT --PRIVATE VEHICLE USE.. 12
SECTION 20. WORK CONDITIONS DURING SMOG ALERT........... 12
SECTION 21. INJURIES ON DUTY ............................ 13
SECTION 22. DISABILITY DISCRIMINATION ................... 14
SECTION 23. TIME OFF FOR UNION BUSINESS ................. 14
SECTION24. REST PERIODS ................................ 14
SECTION 25. DUES DEDUCTION AND INDEMNIFICATION.......... 14
SECTION 26. EMPLOYEE AND EMPLOYER RIGHTS.. .............. 15
SECTION 27. OTHER PROVISIONS NOT COVERED HERE........... 15
SECTION 28. NOTICE OF FUTURE MEET AND CONFER............ 16
SECTION 29. SEVERABILITY......... 16
SECTION 30. TERM ........................................ 16
OF
BETWEEN THE REPRESENTATIVES OF MANAGEMENT FOR THE CITY
OF WEST COVINA AND THE SERVICE EMPLOYEES' INTERNATIONAL
UNION, AFL-CIO, LOCAL 3471 FOR THE PERIOD BEGINNING
JANUARY 1, 1994, AND ENDING JUNE 30, 1997.
0 . PREAMBLE
This Memorandum of Understanding is entered into with
reference to the following facts:
A. In the interest of maintaining harmonious and stable
relationships between the City of West Covina and employees
represented by the Service Employees' International Union,
AFL-CIO, Local 347 (hereinafter SEIU, representatives of
management for the City of West Covina and representatives of
SEIU have met on a number of occasions and have conferred in good
faith exchanging a number of proposals concerning wages, hours,
fringe benefits and other terms and conditions of employment for
employees represented by the Union.
B. This Memorandum constitutes a mutual recommendation by
the parties hereto to the City Council that one or more
resolutions be adopted implementing this Agreement and effecting
the changes enumerated herein relative to wages, fringe benefits
and other terms of employment for the members of the Association
effective January 1, 1994, (except as otherwise stated herein)
and continuing through the term of the Memorandum.
THEREFORE, the representatives of management and the
Association agree as follows:
SECTION 1. SALARY
Preamble- In an effort to maintain competitive salaries, the
City and the Maintenance Department employees represented by
SEIU, will cooperatively join in the process of developing new
programs, determining additional revenue sources, and ways of
delivering services in a more cost effective manner. To this
end, a joint labor/management committee will be formed. The
composition of the committee will be five labor members selected
by those represented and five management members selected by the
Department Director. No more than one employee from each of the
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five major departmental sections shall serve at one time. The
committee shall meet a minimum of once each quarter to discuss
ideas, formulate plans, and coordinate implementation of new or
revised programs and/or procedures. Participation by the
employees shall play a significant role in achievement of
productivity and program goals resulting in agreed upon periodic
adjustments to salary.
Salary computation- A salary survey shall be conducted
annually in May of 1994, to collect the top step monthly salaries
for the agreed upon benchmark classes. The average of the base
salaries .for those classes shall be used to determine the amount
of salary adjustment to be provided effective July 2, 1994. This
same process shall be conducted in May of 1995 and May of 1996 to
determine the salary adjustments to be effective July 1, 1995 and
June 29, 1996.
SECTION 2. RETIREMENT
A. Unused accumulated sick leave may be converted to
additional service credit at the time of retirement
pursuant to Public Employees' Retirement System
(hereinafter PERS) Section 20862.8.
B. Retirement benefits shall be computed using the One -
Year Final Compensation Option under PERS
Section 20024.2.
SECTION 3 MEDICAL AND DENTAL INSURANCE BENEFIT
The City shall provide $442 per month to offset the employee
cost of health insurance. The amount specified for PERS Health
Care Plan coverage shall be $16 per month per active employee.
The City shall provide up to $20 per month to offset the cost of
dental insurance.
SECTION 4. RETIREE HEALTH BENEFIT
Provided that employees represented by SEIU have
participated in the Public Employees' Medical and Hospital Care
Act (PERS Health Plan) with the City, $16.00 per month per
eligible retiree shall be contributed towards the payment of
premiums for retiree insurance under the Program.
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SECTION S. STATE DISABILITY INSURANCE (SDI)
The City agrees to make available at the employee's expense,
SDI as provided through the State of California.
BECTION 6. WORK RELATED DISABILITY COVERAGE
Whenever any employees of the City are disabled, whether
temporarily or permanently, by injury or illness arising out of
and in the course of their duties, they shall be entitled,
regardless of their period of service with the City, to leave of
absence while so disabled, without loss of salary, temporary
disability compensation, if any, being considered as and credited
to salary for this purpose, for the period of such disability but
not exceeding six months. After six months, employees so
disabled are eligible to apply for long term disability through
an insurance plan provided by the City. Temporary disability
payments, SDI, and other benefits to which the employee may be
entitled, can be integrated with the long term disability
benefits for the length of the disability period as substantiated
by physician documentation. The City will provide the difference
between benefits received and full salary for up to one year if
the amount received is less than what would equal full salary.
SECTION 7. LIFE INSURANCE
The City shall provide a term life insurance policy in the
amount of $20,000.
SECTION S. LONG TERM DISABILITY INSURANCE
The City shall provide a long term disability program which
provides sixty percent (60%) of the employee's gross salary after
a waiting period of one hundred eighty (180) days. Coverage
after 90 days may be purchased by the employee through payroll
deduction.
SECTION 9. VACATION USE
It is the policy of the City that where possible vacation be
taken annually in the year earned. The time during the year at
which an employee may take vacation shall be determined by the
appointing authority of such employee with due regard for the
wishes of the employee and particular regard for the needs of the
service. vacation leave shall accumulate to a maximum of:
3
Hours Accumulated
Maximum
Months of Service
Per Pay Period
Accruals
1-60
3.08
240
61-108
4.62
280
109-120
4.92
288
121-132
5.23
296
133-144
5.54
304
145-156
5.85
3.12
157+
6.15
320
Effective July 1, 1993, employees shall not be allowed to
accrue vacation leave beyond the stated maximums. No employee
shall lose earned vacation leave because of work urgency. Work
urgency is defined as the department's need to have the employee
at work to perform duty assignments for a specified period of
time. If an employee has reached the maximum allowed unused
balance and is unable to take vacation leave due to work urgency,
industrial injury, extended medical leave, special or pre -
scheduled leave as authorized by the appointing authority, the
Personnel Director will approve a waiver of the maximum allowed
unused balance for a period not to exceed six months per fiscal
year.
A. Vacation Accrual
1. Accrual Rates
Each full-time employee shall accrue vacation leave
with pay at the rate of 6.67 hours of a working day per
month for each month of service with the City up to and
including 60 months of service, and at the completion
of 60 months of service 40 additional hours vacation
,shall be granted; from 61 up to and including 108
months, vacation shall be earned at the rate of ten
(10) hours per month; and from 109 up to and including
120 months, vacation time shall be earned at the rate
of 10.67 hours per month; and from 120 up to and
including 132 months, vacation time shall be earned at
the rate of 11.33 hours per month; and from 132 up to
and including 144 months, vacation time shall be earned
at the rate of 12.00 hours per month; and from 144 up
to and including 156, vacation time shall be earned at
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the rate of 12.67 hours per month; and from 156 or more
months, vacation time shall be earned at the rate of
13.33 hours per month, up to a maximum not.to exceed
160 hours earned vacation per year.
B. Vacation Accrual for Holidays
If a holiday falls within a scheduled vacation period,
S additional hours of vacation shall be granted.
C. Payment for Unused Vacation
1. Any employee, who has been in continuous full-time
service of the City for a period of six (6) full months
or more, who is about to terminate his/her employment,
shall be paid for accrued vacation time on the
effective date of termination.
2. Upon request of the employee and the department head
and with approval of the City Manager, in order to
address unusual or emergency conditions, an employee
may be paid the straight time daily equivalent of
his/her salary in lieu of vacation time off. Such
payment shall be for no more than 40 hours in any one
calendar year, except as otherwise provided herein.
D. Advance Payment of Vacation
Any employee who is authorized to take 40 or more
hours, (2k shifts for fire suppression employees) of
vacation with pay at one time may apply for the payment of
salary in advance for any pay period occurring during the
period of the employee's authorized vacation. The
application must be approved by the employee's Department
Head and filed with the Finance Director at least seven (7)
days before the vacation period for which the salary advance
is requested. In cases of extreme emergency where the
employee is unable to give the required notice, approval for
an advance vacation check may be given where such request
can be justified to, and approved by, the Department Head,
Division Manager, and Finance Director.
SECTION 10. SICK LEAVE
To aid in reducing illness, the parties shall work in
unison to educate and emphasize to employee members the
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importance of proper diet,.sleep, exercise and other
pertinent practices in maintaining a healthy condition.
A. Allowance/Accumulation
City emplyees shall accrue 96 hours of sick leave
per year. Following completion of thirty (30) calendar
days of continuous full-time service, each City
employee shall accrue 3.69 hours per pay period of sick
leave pay. Thereafter for each calendar month of
service in which the employee has worked or has.been
paid for more than two-thirds (2h) of the actual number
of working days of such month, he/she shall be allowed
8 hours of credit for sick leave with pay. Sick leave
may be used by new employees following thirty calendar
days of employment. Unused sick leave may be
accumulated without limit.
B. Use of Sick Leave
No more than 40 hours of sick leave within any
calendar year may be granted to an employee for the
care or attendance upon members of his/her immediate
family, and not more than 40 hours of sick leave.within
any calendar year may be granted to an employee for
each absence due to death of his/her immediate family.
The phrase "immediate family" is construed to mean the
husband, wife, parent, brother, sister, child, and a
grandparent or grandchild, if residing within the home
or within the same place of residence of the employee.
C. Reinstatement of Sick Leave
Upon reemployment, an employee will have sick
leave time reinstated in that amount accumulated at the
time of layoff up to a maximum of 320 hours. In the
event that through the course of continued employment
accumulated sick leave exceeds 320 hour, payoff for
such excess accumulations shall be in accordance with
the payoff provisions of the.program, but in no case
shall the aggregate of such amount(s) exceed that
provided by the policy.
D. Pilot Program --Sick Leave, Annual Payoff and Accrual
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The following sick leave payoff and accrual
program was instituted in 1980, as a "pilot program."
The program will remain in effect and will be
reevaluated by City management. If the program is
discarded, the City will revert to its previously
effective sick leave program as contained herein.
. Sick leave will be earned at the rate of eight
hours per month for a possible total maximum of 96
hours per calendar year. Sick leave used during each
calendar year will be charged against the current
year's. earnings.
At the end of the calendar year the City will
determine the amount of unused sick leave. Thereupon,
in January each employee must carry over to a sick
leave "bank" a minimum of 56 hours, if available, and
may request cash payment for any hours above 56 or may
add it to the sick leave bank. If 56 hours of unused
sick are not available, the number of unused hours must
be carried over to the sick leave bank. The current
payoff programs at termination or retirement, as
detailed in the Personnel Rules, remain unchanged.
E. Sick Leave Pay -Off Upon Termination
Employees upon termination of continuous service,
other than by discharge, shall be paid for 50 percent
of all sick leave accrued to the time of such
termination which is in excess of 320 hours, but does
not exceed a maximum accrual of 800 hours.
F. Physician's Certificate on Use of Sick Leave
The Department Head may require evidence in the
form of a physician's certificate, or written
statement, as to adequacy of reason for any employee's
absence of two (2) or more consecutive working days for
which sick leave was requested. A failure to supply or
provide said certificate or written statement shall be
grounds for denial of sick leave pay and the imposition
of such disciplinary action as may be deemed
appropriate.
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G. Physical Examination
Any employee absent from work for a period of
three (3) or more consecutive working days, due to
illness or accident, may be required to submit to and
successfully complete a physical examination before
returning to active duty. The physical examination
will be conducted by a physician of the City's choice,
with all costs to be paid by the City.
SECTION 11. BEREAVEMENT LEAVE
Bereavement - 40 hours (3 shifts for Fire Platoon/shift
employee) of said leave per calendar year will be available
to an employee in the event of the death of said employee's
grandparent, parent, spouse, child, stepchild, brother, or
sister. The program is supplemental to the current sick
leave program.
SECTION 12. HOLIDAYS
A. Fixed Holidays
The City will recognize the following days as
official City fixed holidays: New Year's Day,
Presidents' Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, Day after Thanksgiving,
Christmas Eve (unless Christmas falls on a Saturday,
Sunday or Monday) and Christmas Day.
B. Personal Leave
Employees are entitled to 40 hours per calendar
year as personal leave time which is usable subject to
the approval of the department head or the designated
authority. Personal leave becomes usable on January 1
of each calendar year and must be used by December 31
of the same calendar year. .Personal leave time may not
be carried over into the next calendar year nor may the
hourly equivalent be paid in lieu of time off.
C. Observation of Saturday and Sunday Holidays
For those employees whose normal work week is
Monday through Friday, when a holiday falls on a
Sunday, the following Monday shall be deemed to be the
holiday in lieu of the day observed. When a holiday
falls on a Saturday, the preceding Friday shall be
deemed to be the holiday in lieu of the day observed.
For all other employees, when a holiday falls on a
regularly scheduled day off, the employee shall be
entitled to eight hours straight compensatory time for
the holiday. This compensation can be taken as either
compensatory time or pay, at the discretion of the
• employee.
SECTION 13. SPECIAL PAY
A. Tree Climbing Compensation
A policy will be developed to provide for 1-1/2
times hourly compensation for time spent in climbing
trees. The policy shall provide that such compensation
will be paid only when employee has prior authorization
to climb.
B. Jury Duty
The City will grant an employee required to serve
on jury duty to report for examination to serve on jury
duty, one time for a maximum of 160 hours, paid leave
for such purposes during any three consecutive years of
employment. All fees received by the employee for jury
duty, exclusive of mileage, shall be remitted to the
City.
C. Compensatory Time
Employees represented by the union may accrue
compensatory time at time and one-half. The maximum
limit for compensatory time is 40 hours. Time off is
subject to department head approval.
D. Acting Pay
Acting pay is intended to fairly compensate those
assigned to be responsible to perform a significant
portion of a higher level position having a greater
degree of responsibility and independence and/or
requiring a significantly higher level.of expertise.
Employees assigned in an acting capacity will
be paid five percent (5%) above their base rate of
pay after the completion of 40 hours of such
assignment. Such compensation shall continue for
the length of the assignment.
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Whenever practical, based on the experience and
expertise required to perform the higher level
duties, management will attempt to appoint different
individuals to acting assignments based on the needs
of the organization.
Acting appointments to higher level positions
do not require the assignment of another employee to
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cover the duties of the employee so assigned.
E.
Mandatory Standby
(a) The City agrees to compensate each employee
required to serve on mandatory standby for a period of
one week with eight (8) hours straight time pay.
(b) The City also agrees to provide a listing of names
and dates of employees placed on standby, that the City
will attempt to solicit volunteers first, that the City
will only place on standby those employees that reside
15 or fewer miles to West Covina city limits, and that
the mandatory standby requirement will be rotated
uniformly among the appropriate department employees.
F.
Mandatory Standby - Holiday Week
The City agrees to compensate each employee
required to serve on mandatory standby during a week
within which a holiday occurs with twelve (12) hours
straight time pay.
G.
Mandatory Standby - Thanksgiving Holiday Week
The City agrees to compensate each employee
required to serve on mandatory standby during the week
within which Thanksgiving occurs with sixteen (16)
hours straight time pay.
H.
Callback Pay
When an employee is required to return to work,
the City agrees to pay to the employee a minimum of two
hours at time and one-half, and time and one-half on an
hour -for -hour basis for each hour thereafter. Whenever
an employee is required to work on a callback basis,
the employee may elect to receive compensatory time
off. Under these circumstances, the City will credit a
minimum of three hours for each occasion of callback
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and straight time off on an hour -for -hour basis for
each hour in excess of three hours. Employees required
to return to work on a callback basis shall have a
minimum break of eight (8) hours from the time they are
released from callback duty until they are required to
return to work, without loss of pay. Should they be
. directed to report to work at a time providing a break
of less than eight hours, they shall be paid at the
rate of time and one half for any hours between return
to work and the eight hour minimum. In extreme
emergency situations requiring extensive consecutive
work hours by employees, the City reserves the right to
adjust scheduled work hours to provide employees with
adequate rest time and meet the ongoing work
requirements necessary to satisfy the emergency.
I. Overtime
The City agrees to pay time and one-half for all
hours worked in excess of the normal daily work shift.
It is understood that the normal daily work shift is
eight hours per day. Vacation, sick leave, holidays,
jury duty and compensating time off shall count toward
the computation of the normal daily work shift.
SECTION 14. TUITION REIMBURSEMENT
It is understood that the.annual maximum tuition
reimbursement shall be $686.
SECTION 15. UNAUTHORIZED ABSENCE
The provisions of Personnel Rule X.I shall be amended
to read as follows: "Any employee absent from his/her job
for more than two (2) working days without prior permission
of the department head shall be considered to have
automatically terminated his/her employment with the City."
SECTION 16. UNIFORMS
A. Shirts
The City will make available to Maintenance
Department employees required to wear a uniform a
maximum of five (5) City -approved T-shirts a year.
Employees are required to pay one-half (1/2) of the
cost of said T-shirts.
B. Shorts.
Short pants may be worn by employees represented
by the Union. The department head will determine which
assignments are appropriate for short pants and
evaluate the appearance of the short pants.
C. Uniform Jackets
. The City will provide work jackets to eligible
maintenance employees.
SECTION,17. BOOT ALLOWANCE
The City will reimburse each employee required to wear
safety shoes/boots $100 annually for costs incurred in the
purchase of said.shoes/boots. Employees shall be required
to wear boots meeting specific OSHA standards as defined by
department policy.
SECTION 18. LAYOFF POLICY 8 PROCEDURE
Layoffs will be administered pursuant to Personnel Rule
XI, Section 11.2D.
SECTION 19. MILEAGE REIMBURSEMENT -PRIVATE VEHICLE USE
The City shall pay mileage reimbursement of $.24 per
mile for those employees who use their private vehicles for
City business.
SECTION 20. WORK CONDITIONS DURING SMOG ALERT
A. The City will provide work for eight (8) days on
those occurrences when a Stage 2 or 3 Smog Alert is
predicted or called. During these eight (8) work days,
employees will be required to report to work in their
normal fashion and at their regularly scheduled time.
B. During these eight (8) work days, employee -members
of the Union may be required to perform duties of a
broader nature than those normally performed within the
Maintenance Department.
C. As part of those broader duties, employees may be
required to attend training programs sponsored by the
department management.
D. It is agreed that the City will attempt to equally
allocate among the Maintenance Department workforce
those ongoing, call -out and other standby functions so
as to.minimize the adverse effect of the implementation
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of the Episode Plan. It is understood that this
provision will become effective after eight (8) work
days have been exhausted.
E. It is agreed that the City will implement the.
Episode Plan only upon official notification from the
Air Quality Management District of a predicted or
. actual Stage 2 or Stage 3 alert.
SECTION 21. INJURIES ON DUTY
A concerted effort shall be initiated to: (1) educate
employees on safety practices, (2) make employees aware of
costs of injuries on duty, and (3) encourage a more positive
relationship between City Staff and employees when injuries
occur. Further, the first three days of any leave due to
disability shall be charged as sick leave. Additional paid
leave beyond the first three days will be charged as
disability leave provided the disabled employee is awarded
or receives disability benefits under the Worker's
Compensation and Insurance Law of the State of California
based upon such disability.
No employee, while on disability leave, shall be
entitled to promotions, step increases, holiday time pay, or
continued accumulation of vacation and sick leave benefits,
provided that employees on temporary disability.may compete
for promotions in accordance with existing rules.
SECTION 22. DISABILITY DISCRIMINATION
1. The City's policy shall be to make such efforts as
are consistent with federal, state and the provisions
of these rules, to place physically or mentally
disabled employees in such positions as.can be made
available in the City service where such disabilities
will not affect the performance of duties.
This policy will extend to all terms, conditions, and
privileges of employment.
The Americans' With Disabilities Act (ADA)
requires accommodation for.disabled individuals on a
case by case basis. Prior to the City providing an
accommodation which would be contrary to Rules or
negotiated agreements, the City shall provide written
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notice of intent to disregard provisions and shall meet
and confer over options prior to implementation.
The City has a legal obligation to meet with
individual employees as necessary to discuss possible
accommodation before any adjustments are made to
working conditions. The Association shall be notified
prior to the implementation of proposed accommodations
by the City which affect an employee or group of
employees within their respective bargaining unit.
Accommodations provided to an individual protected by
the ADA shall not establish a past practice, nor shall
it be cited or used as evidence of past practice in any
grievance process.
2. No employee shall hold any position in a class
where such individual poses a risk to the health or
safety of the individual or others.
SECTION 23. TIME OFF FOR UNION BUSINESS
The City will allow a reasonable amount of City time
for an employee to prepare for grievance matter presentation
with department head approval.
SECTION 24. REST PERIODS
The agreed upon rest period policy revision shall be
instituted administratively as soon as practicable.
SECTION 25. DUES DEDUCTION AND INDEMNIFICATION
A. Upon receipt of an individually and voluntarily
signed authorization form, the City shall deduct, each
month, from the wages of each employee who is a member
of the Association his/her initiation or periodic
Association dues. In the event the employee shall not
be entitled to any pay for the first pay period of any
month, such deduction shall be made from the wages of
such employee earned in the next succeeding pay period
in said month. If such employee shall not be entitled
to any pay during the succeeding pay period in said
month, the City shall not make dues deduction
thereafter in respect to the dues of said employee for
said month.
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The Association shall indemnify, defend, and hold the
City harmless against any and all claims, demands,
suits or other forms of liability (monetary or
otherwise) and for all legal costs that shall arise out
of or by reason of action taken or not taken by the
City in complying with the provisions of this Article.
. If an improper deduction is made, the Association shall
refund directly to the employee any such amount.
B. The City will allow employees to add an amount of
money, to pay for Association sponsored benefit plans,
to the lump sum monthly deduction for Association dues.
SECTION 26. EMPLOYEE AND EMPLOYER RIGHTS
The parties hereto agree that this agreement does not
in any manner abridge, modify or restrict the rights and
prerogatives of employees and the City as set forth in
Chapter 2 of the West Covina Municipal Code. It is
understood that said rights and prerogatives of the City
include but are not limited to determinations as to the
levels of service, manning requirements, work schedules,
transfer, overtime assignments and approval, number and
location of work stations, nature of work to be performed,
contracting for any work or operations, employee performance
standards, discipline and discharge and reasonable work and
safety rules and regulations in order to maintain the
efficiency and economy desirable, in the performance of City
services. It is further agreed that the City agrees to meet
and confer with the recognized bargaining representative
regarding the impact of such management decisions on matters
within the scope of representation.
SECTION 27. OTHER PROVISIONS NOT COVERED HERE
It is understood that all other items relating to
employee salaries and benefits, not covered in this
Memorandum of Understanding, are covered by existing
Memoranda of Understanding, ordinances, resolutions, and
policies of the City Council, as well as the Personnel Rules
and Regulations presently in effect.
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SECTION 28. NOTICE OF FUTURE MEET AND CONFER
If the Association desires to meet and confer with
representatives of the City of West Covina concerning
improvements or changes in wages, hours, or other conditions
of employment for the employees represented by the
Association which would take effect on or after July 1,
1997, the Association shall serve upon the City Manager a
written request to meet and confer no later than February 1,
1997. Said request shall contain all of the changes in
wages, hours, and conditions of employment proposed by the
Association to take effect on or after July 1, 1997.
SECTION 29. SEVERABILITY ,
It is understood and agreed that this Memorandum of
Understanding is subject to all present and future federal
and state laws and regulations and the provisions hereof
shall be effective and implemented only to the extent
permitted by such laws and regulations. If any part of this
Memorandum of Understanding is in conflict or inconsistent
with such applicable provisions of federal or state laws or
regulations, or otherwise held to be invalid or
unenforceable by any tribunal of competent jurisdiction,
such part or provision shall be suspended and superseded by
such applicable laws and regulations and the remainder of
this Memorandum of Understanding shall not be affected
thereby and shall remain in full force and effect.
SECTION 30. TERM
This Memorandum of Understanding shall remain in full
force and effect until midnight, June 30, 1997.
0
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SERVICE EMPLOYEES
INTERNATIONAL UNION
LOCAL 347
MANAGEMENT REPRESENTATIVES OF
THE CITY OF WEST COVINA
BY BY i
By
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Date Kg�Lc� 1- 1 ,
APPROVED AS TO FORM:
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