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HomeMy WebLinkAbout1985 - Agenda Packet MOUs and Salary SchedulesZ~ RESOLUTION 82-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY-OF ATASCADERO AND LOCAL 817 SERVICE EMPLOYEES INTERNATIONAL UNIT ATASCADERO CHAPTER CLERICAL BARGAINING UNIT WHEREAS, the City of Atascadero has met and conferred. in good faith with Local 817 Service Employees International Union S.E.I.U.) Atascadero Chapter Clerical Bargaining Unit for.. the purpose of discussing wages, benefits, and other conditions of .employment;. and WHEREAS, the City of Atascadero and the Atascadero Chapter Clerical Bargaining Unit have reached. an agreement regarding said wages, benefits, and other conditions of employment for the term of Fiscal Years 1985/86 and 1986/87; i NOW, THEREFORE, BE IT RESOLVED that. the Atascadero City Council hereby approves the Memorandum of Understanding between the. City and Local 817 Service Employees International Union Atascadero Chapter Clerical Bargaining Unit for Fiscal Years 1985/86 and 1986/87, and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson and seconded by Councilperson the foregoing. resolution is hereby adopted in its entirety on .the following vote AYES: NOES: ABSENT: ADOPTED• CITY OF ATASCADERO, CALIFORNIA By: ROLFE NELSON, Mayor C::~'1 ei~-Y n~~c MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND LOCAL 817 SERVICE EMPLOYEES INTERNATIONAL UNION, ATASCADERO CHAPTER CLERICAL BARGAINING UNIT This Memorandum of Understanding. is entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as City," and the Local 817 Service Employees International Union, Atascadero Chapter Clerical Bargaining Unit, hereinafter referred to as Unit," and made pursuant to California Government Code Sections 3500, et seq., City of Atascadero Municipal Code, Title 2, Chapter 2, Section 2-2.01 through Section 2-2.13, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 14, 1980, and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Unit as recognized by the City of Atascadero on May 9, 1983, and, having reached agreement, as herein set forth, submit this memorandum to the City Council with a joint recommendation .that that body resolve to adopt the terms and conditions and take such other additional actions as may be necessary to implement its provisions. Section 1.0 Purpose. It is the purpose of the Memorandum of Understanding, hereinafter referred to ws MOU," to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding between management and. employees covered by the provisions of .this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. Section 2.0 Full Understanding., Modifications, Waiver. 2.1 This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by the parties., whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety,. if in conflict with this Memorandum. f 2 2 No agreement , alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner by binding upon the parties hereto unless made and executed in writing by both parties hereto. and, if required, approved and implemented by the City Council. 2.3 The waiver of any breach, term or-condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Section 3.0 Vacation and Holidays. 3.1 Vacation. leave shall be credited, computed and used as specified by Section 9.0, Employee Benefits, of Resolution No. 12-80, dated July 14, 1980. 3.2 It is agreed. and understood that the taking of vacation, shall be as scheduled. by the Department Head subject to the needs of the City. 3.3 Holidays shall be observed in accordance with Section 9.4, Employees Benefits, of Resolution No. 12-80 dated July 14, 1980, and Resolution No. 52-82, Section 5, Subparagraph K dated November 8, 1982. Section 4.0 Salaries and Health Insurance. 4.1 Effective July 6, 1985, salaries in effect on July 5, 1985 shall be increased by five 5%) percent. Effective July 1986, salaries in effect on July 1986, shall be increased by four 4%) percent. Effective January 1987, salaries in effect on January 1987, shall increased by two. 2%) percent. 4.2 The City and Association agree to convert the existing salary plan to a five step salary plan. Current employees shal l be converted to the new plan effective January 1986; all employees hired after August 1, 1985, shall be placed on the five Step plan. a. Trainee, Qualified and Fully Qualified salary rates shall be converted to steps A, C E respectively.. b. New teps B E shall be created by establishing the mid-point. between steps A C and C E. 1~.` c. Newly hired employees shall normally be placed at Step A. Advanced step .hiring may be approved by the City. Manager. d. Movement between .steps shall be at twelve month intervals and subject to satisfactory performance. The initial step movement.. after hiring, however,. shall be after twelve months or after completion of probation, .whichever occurs later. e. Effective January 1986, current employees at salary. rate Fully Qualified shall be placed at Step E. f. Effective January 1986, current employees with. eighteen months. or more service time at the qualified salary rate shall be advanced to Step E. g. Effective January 1986, current employees with less than eighteen months service at the Qualified salary rate shall be placed at Step C of the new salary plan. Thereafter, they shall be eligible for salary.-step advancement at twelve month intervals. h. Current employees at Trainee salary rates shall proceed to the Qualified or Step C salary rate in accordance with the rules of the existing salary plan. Thereafter, they shall be eligible for Step Advancement at twelve month intervals. i. the parties acknowledge that the above contains their conceptual agreement as to the salary plan conversion and that more detailed personnel. rule language will be needed to fully implement the salary plan. Draft personnel language will be forwarded to the Association for review, and, upon request, joint meetings, prior to its adoption. 4.3 The City agrees to pay for all medical and dental benefits for each unit member employee .and the rate and coverage prevailing under the City's medical and dental program as it now exists through the City's agreement with the New England Life Insurance Company as established by the Agreement of the Joint City-Employee Medical Insurance Committee. It is agreed that the i City will pay for fiscal year 1985-86 dependent medical and dental coverage up to Ninety Five and 89/T00 95.89) Dollars per month.. Effective October 1, 1986, the City's maximum dependent medical/dental coverage shall be increased to One Hundred Ten and 89/100 110.89) Dollars. 4.4 For thos employees without dependent s.. or who. do not choose to enroll their dependents in the City plan, the amount of the City contribution shall be paid to the employee as an addition. to his/her regular pay. Section 5.0 Union Security. 5.1 Dues Deductions. The City and Union agree that requests for, changes in, and cancellations of union dues and other deductions shall be promptly processed through the .Finance Department and put into effect at the employee's request. Deductions shall be made from each paycheck and remitted to the Union monthly.. Requests for deductions shall be made by City- approved authorization cards in accordance with applicable State law. The City will process changes in the amount of Union dues as often as once every three months. Dues deduction amounts may vary between.. employees.. The City will notify the Union of all. changes in deductions monthly. The Union agrees to indemnify and hold the City harmless from any liabilities which may arise as a result of the application of this Article. 5.2 Union Access. A) The City agrees that an authorized union staff member may be granted access to a work location to participate in investigation and processing of grievances per the grievance procedure or to observe working conditions,. when and to the extent necessary, and only. if it will in no event adversely affect the operational, security or safety requirements of the City, upon the .approval of the Employee Relations Officer or his/her designee. B) The Union shall provide the Employee Relations Officer with a list of ail authorized staff representatives, and the list shall be kept current by the Union. C) When and to the extent necessary and only if it will in no event. adversely affect the operational, security or safety requirements of the City and upon notification and approval of the Employee Relations Officer or his/her designee, an .authorized union staff member is permitted to communicate with employee(s) and/or union. steward(s) on official City time without said employee(s) and/or union steward(s) loss of compensation. It is not the intent of this section to allow general union meetings on City time; but rather to allow investigation and discussion of working conditions, grievances and safety issues. D) It is understood that every reasonable effort shall be made to perform the above activities on .off-duty time. E) The City will allow the use of existing bulletin board. space. Bulletin board space shall be used only for the following. subjects: 1) Local 817 recreational information, social and related news bulletins; 2) scheduled meetings; 3) information concerning elections or results thereof; and 4) reports of official business of Local 817. Prior. to posting items shall be initialed by an authorized representative of the Union and City. All outdated materials must be removed by the Union. 5.3 Union Stewards. A) The City authorizes the unit to appoint three 3) union stewards", any one of`which may represent an employee subject to the City's grievance procedure. B) The Union shall provide the employee Relations Officer with a list of all authorized union stewards, and the list shall be kept current. C) An employee and/or his/her union steward" representative may, when and to the extent necessary, take official City time. without loss of compensation in order to participate in the investigation and processing of a grievance, upon notification and approval of .the Employee Relations Officer or his/her designee. D) The Employee Relations Officer will approve employee and/or union steward taking official time to investigate and process a grievance when and to the. extent necessary and only if it will in no event adversely affect the operational, security or safety requirements of the City. E) It is understood that the employee and/or union steward shall make every reasonable effort to perform the above activities on off dut time.Y Section 6.0 Contracting Out. The. City will give reasonable notice to the Union if it intends to contract out the functions currently performed by employees within the Unit.. Upon request, the City will meet with. the. Union to explain the reason for the decision to contract ..out and to solicit Union views on the proposal.. Nothing in this section shall be construed to limit the rights of the City Council. to contract out work in its sole discretion. Section 7.0 Term Life Insurance. 7.1 City shall maintain a term life insurance policy for each unit member in a total amount of Fifteen Thousand dollars. 15,000.00) and shall pay all premiums for such policy. during the term of this Agreement. 7.2 Effective July 6, 1985, the City shall maintain a.term: life insurance policy for each dependent of each unit member in a total amount of One Thousand Dollars 1,000.00) per dependent and shall pay all premiums for such policy during the term of this Agreement. Section 8.0 General Benefits. 8.1 It is agreed that overtime, compensatory time off CTO), retirement, leaves and other benefits and conditions of employment shall be as specified by City Resolutions No. 12-80, 31-81 and 52-82 and Atascadero Municipal Code, Title. 2, Chapter 2, inclusive. Pregnancy leave shall be provided in accordance with State Law. 8.2 Support Services Aides shall be allowed to accrue 16 holiday hours prior to required payoff. 8.3 The City agrees to add grandparents to the list of family members for. whom the employee. is allowed to take bereavement leave. Section 9.D Probationary Period. The probationary period for newly hired employees shall be twelve months. The probationary period for employees promoted to a hi her classifi i n h ngcatosallbesixmonthsi the new classification. The City shall have the option of granting a newly hired employee permanent status at any time after nine 9) months of service. Section 10.0 State Disability Insurance. If permitted by State law, unit employees shall be allowed to vote on addition of State Disability Insurance. Insurance premiums shall be paid by the employee, if a majority of the unit employees vote for addition of insurance coverage. Prior to implementation of the insurance, the City and Union shall agree on an integration formula which shall be set up so as to insure employees receiving State Disability Insurance do not receive. greater net pay than they would receive while working. Section 11.0 Shift Changes. The City shall give employees reasonable notice of routine shift. changes. Emergency shift changes shall be made on an as needed basis.. Section 12.0 Effective Date. It is understood and agreed upon that the provisions of this MOU shall be effective as of OOOl a.m., July 1, 1985, and shall remain in effect, unless modified`by mutual agreement, until midnight June 30, 1987. Section 13.0 Implementation. 13.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon parties either in whole or in part unless and until said City Council: a) acts, by a majority vote, formally to approve and adopt said MOU, b} and acts in a timely manner to appropriate the funds necessary to implement the provisions of this MOU which require funding. 13..2 Notwithstanding the foregoing, in the event the City Council fails to take all of the actions necessary for timely implementation of this MOU, either party may request the renewal of the meet. and confer procedure.. Section 14.0 Provisions. of Law. 14.1 This MOU is subject to all current applicable federal, state and local. laws, regulations and. resolutions.. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions,. amendments and deletions necessary to conform with the. purpose, intent and application of the provisions of this Agreement. 14.2 If any part or provision of this M0U is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. 14.3. The Association and City understand the pendency of the issuance of Fair Labor Standards Act. Regulations. It is agreed that the lack of accurate information. makes it impossible to the City to implement all elements of the Fair Labor Standards- Act at this time. The City reserves the right to take all steps necessary to implement the Fair Labor Standards Act when information is available. Upon request, the City will meet with the Association to discuss the implementation. Section 15.0 Applicability of Other, Rules and Regulations. It is agreed that all provisions of any existing or prior, understandings or personnel policies, customs, practices and actions not specifically included in Atascadero Municipal Code,• Title 2, Chapter 2, inclusive, and associated rules and regulations adopted by the City Council of the City of Atascadera, shall be superseded by the provisions of this MOU. Section 16.0 Management Rights. The authority of the City includes, but is not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; .set standards of service; and promotion; direct its employees; take disciplinary action for just cause"; relieve employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods,. manning and tt personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage, hours and other terms o£ employment. Section 17.0 Grievance Procedure. Unit employees shall be entitled to utilize the grievance. procedure as outlined in Section 6.0 of Resolution No. 12-80 Section 18.0 Peaceful Performance Clause. The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero. Union agrees that under no circumstances will the Union recommend, encourage, cause or pert its members to initiate,. participate in, nor will any member of the bargaining unit take part in, any strike, sit- down, stay-in, sickout, slow-down, or picketing hereinafter collectively referred to as work-stoppage), in .any office or department of the City, nor to curtail any work or restrict any production, or interfere .with any operation of the City. In the event of any such work stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work stoppage has ceased. In the event of any work stoppage, during the term of this MOU, whether by the Union or by any member of the bargaining unit, the Union by its officers, shall immediately declare in writing and publicize that such work stoppage is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work. Copies of such. written notices shall be served upon the City. If in the event of any work stoppage the Union promptly and in good faith performs the obligations of this paragraph, and providing the Union has not otherwise. authorized, permitted or encouraged such work stoppage,. the Union shall not be liable for any damages caused by the violation of this provision. However, the City shall have the i ri hgt to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the-right to seek full legal redress including damages, as against any such employees. ATASCADERO CLERICAL CITY OF ATASCADERO BARGAINING UNIT DATE DATE EXHIBIT I MONTHLY SALARY SCHEDULE S.E.I.U. CLERICAL UNIT MEMORANDUM OF UNDERSTANDING FY 1985/86 1986/87 EFFECTIVE JULY b, 1955) Step Classification A 3 C D E Clerical Assistant I 10201080 1140 1190 1250 Clerical Assistant II 1120 1190 1250 1310 1370 Support Services .Aide 1180 125.0 1310 1380 1440 EXHIBIT II M©IdTHLY SALARY SCHEDULE S.E.I.U. CLERICAL. UNIT M~1ORANDUM OF UNDERSTANDING FY 1985/86 1986/87 EFFECTIVE JULY 7, 1986) Classification Step A B C D E Clerical Assistant I 1060 1120 1190 1240 1300 Clerical Assistant II 1160 1240 1300 1360 1420 Support Services Aide 123.0 1300 1360 1.440 15Q0 Y s EXHIBIT III MONTHLY SALARY SCHEDULE S.E.I.U. CLERICAL UNIT MEMORANDUM OF UNDERSTANDING_FY 19$5/86-1986/87 EFFECTIVE JANUARY 3, 1987) Classification Step A B C D E: Clerical Assistant I 1080 1140 1210 1260 1330 Clerical Assistant II 1180 1260 1330 1390 1450 Support Services Aide 1250.1330 1390 1470 1530 i RESOLUTION 87-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND LOCAL 817 SERVICE EMPLOYEES INTERNATIONAL UNIT ATASCADERO CHAPTER GENERAL SERVICES BARGAINING UNIT WHEREAS, the City of Atascadero has mete and conferred in goodfaithwithLocal817ServiceEmployeesInternationalUnionS.E.I.U.) Atascadero Chapter General Services Bargaining Unit for the purpose of discussing wages, benefits, and other conditions of employment; and WHEREAS, the City of Atascadero and the Atascadero Chapter General Services Bargaining Unit have reached an agreement regardingsaidwages, benefits, and other conditions of employment for the term of Fiscal. Years-1985/86 and 1986/87; and NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and Local 817 Service Employees International Union Atascadero. ChapterGeneralServicesBargainingUnitforFiscalYears1985/86 and 1986/87, and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson and seconded. by Councilperson the foregoing resolution is hereby adopted in its entirety on~the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA By: ROLFE NELSON, .Mayor ATTEST: ROBERT M. JONES, City Clerk i I) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND LOCAL 817 SERVICE EMPLOYEES INTERNATIONAL UNION, ATASCADERO CHAPTER GENERAL SERVICES BARGAINING UNIT The Memorandum of Understanding is entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to ws City," anal the Local 8.17 Service Employees International Union, Atascadero Chapter General Services Bargaining Unit, hereinafter referred to as Unit," and made pursuant to California Government Code Sections 3500, et seq., City of Atascadero Municipal Code. Title 2, Chapter 2, Section 2-2.01 through 2-2.13, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 14, 1980, and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms-and conditions for members of the Unit as recognized by the City of Atascadero on April 12, 1982, and, having reached agreement, as herein set forth, submit this Memorandum to the City Council with a joint recommendation that that body resolve to adopt the terms and conditions and take such other additional actions as may be necessary to implement its provisions. Section 1.0 Purpose. It is the purpose of the Memorandum of Understanding, hereinafter referred to as MOU,"-to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding between management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth, herein. Section 2.0 Full Understanding, Modifications, Waiver. 2.1 This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. n 2.2 No a reement alteration understandin variati ngg.o waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by both parties hereto and, if required, approved and implemented by the City Council. 2.3 The waiver of any breach, term, or condition of this Agreement by either party shall not. constitute aprecedent in the future enforcement of all its terms. and conditions. Section 3.0 Vacation and Holidays. 3.1 Vacation leave shall be credited,. computed and. used as specified by Section 9.0, Employee Benefits, of Resolution No. 12-80, dated July 14, 1980. 3.2 It is agreed and understood that the taking of vacation. shall be as scheduled by the Department Head subject to the needs of the.City. 3.3 Employees transferring from the County shall use their county hire date to determine their vacation accrual entitlement.. 3.4 Holidays shall be observed in accordance with Section 9.4, Employees Benefit,. of Resolution 12-80 dated July 14, 1980. and Resolution 52-82, Section 5, subparagraph K, dated November 8, 1982. Section 4.0 Salaries and Health Insurance. 4.1 Effective July 6, 1985, salaries in effect on July 5, 1985, shall be increased by five 50) percent. Effective July ~ 1986, salaries in effect on July 6, 1986, shall be increased by four 4~) percent. Effective January 3, 1987, salaries in effect on January 2 1987,. shall be increased by two 2 °a ) percent . 4.2 The City and Union agree to convert the existing salary plan to a five step salary. plan. Current employees shall be converted to the new plan effective January 4 1986; all employees hired after August 1, 1985, shall be placed on the five Step plan. a. Trainee, Qualified and Fuily Qualified salary rates shall be converted to steps A, C E respectively. 2- i b. New steps B E shall. be created by establishing: the mid-point. between. steps A & C and C E. c. Newly hired employees shall normally be placed at Step A. Advanced step hiring may be approved by the City Nsanager. d. Movement setween steps shall be at twelve month intervals and subject to satisfactory performance. The. initial step movement after hiring., however, shall be after twelve months or .after completion of probation, whichever occurs later. e. Effective January 4 1986, current employees at salary rage fully qualified shall be placed at Step E. f. Effective January 4 1986, current employees with eighteen months or more service time at the qualified salary rate shall be advanced to Step E. g. Effective January 4 1986, current employees with less than eighteen months service at the qualified salary rate shall be placed at Step C of the new salary plan. Thereafter, they shall be eligible for salary step advancement at twelve month intervals. h. Current employees at Trainee salary rates shall proceed to the Qualified or Step C salary rate in accordance with the rules of the existing salary plan. Thereafter, they shall be eligible for Step Advancement at twelve month intervals. i. The parties acknowledge that the above continues their conceptual agreement as to the salary plan conversion and that more detailed personnel rule language will be needed to fully implement the salary plan. Draft personnel language will be forwarded to the Union for review, and, upon request, joint meetings, prior to its adoption. 4.3 In addition to increases provided under 4.1 and 4.2 above, the .City shall make special range adjustments to the classifications listed ~>elow in keeping with the results of the 3- com ensation surve Custodian 2.75% Jul 6 1985 2.75%p Y Y July 7 1986; Senior Building Maintenance Worker 1.5% July 6 1985, 1.5% July 7 1986. Senior Park Maintenance Worker 5% July 6 1985, 5% July 7 1986. 4.4 Employees reclassified pursuant to the Becker and Bell Study, shall have their reclassifications made effective July 6, 1985. 4.5. The City agrees to pay for all medical and dental benefits for each unit member employee and the rate and coverage prevailing under the City's medical and dental program as it now exists through the City's. agreement with the New England. Life Insurance Company as established by the Agreement of the Joint City Employee Medical Insurance Committee.. It is agreed that the Gty will pay for fiscal year 1985-86 dependent medical and dental coverage up to Ninety Five and 89/100 95.89) per month. Effective October 1, 1986, the_Ga.ty's maximum dependent medical/dental. coverage shall be increased to One Hundred Ten and 89/100 110.89) . 4.6` For those employees without dependents or who do not choose to enroll their dependents in the City plan, the amount of the City contribution shall be paid to the employee as an addition to his/her regular pay. Section 5.0 Union Security. 5.1 Dues Deductions. The City and Union agree that requests for, changes in, and cancellations of union dues and other deductions shall be promptly processed through the Finance Department and put into effect at the employee's request. Deductions shall be made from each paycheck. and remitted to the Union monthly... Requests for deductions shall be .made by City- approved authorization cards in accordance with applicable State law. The city will process changes in the amount of Union dues as often as once every three months. Dues deduction amounts may vary between employees. The City will notify the Union of all changes in deductions monthly. The Union agrees to .indemnify and .hold the City harmless from any liabilities which may arise as a result of the application of this Article. 5.2 Union Access. A) The City agrees that an authorized 4- union staff member may be granted access to a work location to participate in investigation and processing of grievances per the grievance procedure or t:o observe working conditions, when and to the extent necessary, and only if it will in no event adversely affect the operational, security or safety requirements of the City, upon the approval. of the Employee Relations Officer or his/her designee.. B) The Union shall provide the Employee Relations Officer with a list of all authorized staff representatives, and the list shall be kept current by the Union. C) When and to the. extent necessary and only if it will in no event adversely affer_t the operational, security or safety requirements of the City and upon notification and approval of the Employee Relations t)fficer or his/her designee, an authorized union staff member is permitted to communicate with employee(s) and/or union stewards (s on official City time without said employee(s) and/or union steward(s) loss of compensation. It is not the intent of this section to allow general union meetings on City time; but rather to allow investigation and discussion of working conditions, grievances and safety issues. D} It is understood that every reasonable effort shall be made to perform the above activities on off-duty time. E) The City will allow the use of existing bulletin board space. Bulletin board space shall be used only for the following subjects: 1) Local 817. recreational information, social and related news bulletins; 2) scheduled meetings; 3) information concerning elections or results thereof; and 4) reports of official business of Local 817. Prior to posting items shall be initialed by an authorized representative of the Union and City. All outlined materials. must be removed by the tJnion. 5.3 Union Stewards. A) the City authorizes the unit to appoint three 3) union stewards", any one of which may represent an employee subject to the Gity's grievance procedure. B) The Union shah provide the Employee Relations Officer with a list of all authorized. union stewards, and the list .shall be kept current. 5- C) An employee andlor his/her union steward representative may, when and to the extent necessary, take official city time without loss of compensation in order to participate in the investigation and processing of a grievance, upon notification and approval of the Employee Relations Officer or his/her designee. D) The Employee Relations Officer will approve employee and/or union steward taking official time to investigate and process a grievance when and-to the extent necessary and only if it will in no event adversely affect the operational, security or safety requirements of the City. E) It is understood that the employee and/or union .steward shall make every reasonable effort to perform the above activities on off duty time. Section 6.0 Contracting Out. The City will give reasonable notice to the Union if it intends to contract out the functions currently performed by employees within the-unit. Upon request, the City will meet with the Union t o explain the reason for the decision to contract out and to solicit Union views on the proposal. Nothing in this section shall be construed to limit the rights of the City Council to contract out work in its sole discretion. Section 7.O Term Life Insurance. 7.1 City shall maintain a term. life insurance policy for each unit member in a total amount of Fifteen. Thousand dollars 15,000.00) and-shall pay-all premiums for such policy during the term of this Agreement. 7.2 Effective. July 6, 1985, the City shall maintain a term life insurance policy for each dependent of each unit member in a total amount of One Thousand Dollars 1,000.00) per dependent and shall pay all premiums for such policy during the term of this Agreement. Section 8.0 General Benefits. 8.1 It is agreed that overtime, compensatory time off CTO), retirement, leaves and other benefits and conditions of employment shall be as specified by City Resolutions No. 12-80, 6- 31-81 and 52-82 and At~~scadero Municipal Code, Title 2, Chapter 2, inclusive. Pregnancy leave shall be provided in accordance with State law. 8.2 Employees assigned standby. duty shall receive one and one quarter 1.25) hour of straight time pay for each day of standby. Employees cal]'~ed back to work shall receive a minimum of two hours pay at straight time. Employees working in excess of two hours once called back shall receive time and one-half pay for hours worked in excess of two hours. 8.3 Uniforms. The City shall provide uniforms to Unit employees and replace them on an as needed basis. jackets will be included as a part of: the uniform provided. 8.4 The Gity agrees. to add grandparents to the list of family members for whom the employee is allowed to take bereavement leave. 8.5 During each year of this Agreement, the City will make a one time payment. to a7.1 unit employees of Fifty-seven and 50/100 57.50) towards the purchase of Safety Shoes. Proof of Purchase is required. t>nce purchased, safety shoes must be worn will working. Section 9.0 Probationary .Period. The probationary period for newly hired employees shall be twelve months. The probationary period for employees promoted to a higher classification shall be six. months in the new classification. The City shall have the option of granting a newly hired employee permanent status at any time after nine 9) months of service. Section 10.0. Rest Periods.. Any employee required to work more than 16 hours within a twenty four hour period shall be entitled to an eight hour rest period prior to returning to work. If .any portion of the eighthourrestperiodoccursduringtheemployees' regularly .scheduled work hours, the employee shall receive normal compensation for that time. This sectior.~ shall not apply in the case of emergencies. 7- Section 11.hif n0StChages. The City shall give employees reasonable notice of routine shift changes. Emergency shift changes shall be made. on an as needed basis. Section 12.0 Patching/Paving Work., The City shall make a reasonable attempt to schedule patching work during daysltimes when temperatures are not expected to exceed 1-00 degrees.. It is mutually understood that employees working with paving contractors must adhere to the contractors work schedules... Section 13.0- State Disability Insurance. If permitted by State law, unit employees shall be allowed to vote on addition of State Disability Insurance. Insurance premiums shall be paid by the employee, if a majority of the ,unit employees vote for addition of insurance coverage. Prior to implementation of the insurance, the City and Union shall agree on an integration formula which shall be set up so as to insure employees receiving State Disability Insurance do not receive. greater net pay than they would receive while working. Section 14.0 Work Gloves. As soon as practicable the City shall provide. employees with leather palmed cotton work gloves. The Public Works Department shall issue regulations establishing reasonable standards for provision of the .gloves, replacement of gloves, and the maximum number of gloves made available during any. fiscal year. Section 35.0 Effective Date. It is understood and agreed upon that the provisions of this MOU shall be effective as of 0001 a.m., July 1, 1985, and sha33 remain in effect, unless modified by mutual agreement, until midnight June 30, 198.7. Section 16.0 Lmplementation. 16..1. This M0U constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon parties either in whole or in 8- part unless and until said City Council: a) acts, by a majority vote, formally to approve and adopt said MOU, b) and acts in a timely manner to appropriate the funds necessary to .implement the provisions of this MOU ~;rhich require funding. 16.2 Notwithstanding the foregoing, in the event the City Council fails to take al.l of the actions necessary for timely implementation of this NiOU, either party may request the renewal of the meet and confer procedure. Section 17.0 Provision of Law. 17.1 This MOU is subject to all .current applicable federal, state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purl>ose, intent and application of the provisions of this Agreement. 17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations., or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. 17.3 The Association and City understand the pendency of the issuance of Fair Labor Standards Act Regulations. It is agreed that the lack of accurate information makes it impossible to the City to implement: all elements of the Fair Labor Standards Act at this time. The City reserves the right to take all steps necessary to implement t:he Fair Labor Standards Act when information is available.. Upon request, the City will meet with the Association to discuss the implementation. Section 18.0 Applicability of Other MOU's, Rules and Regulations It is agreed that all provisions of any existing or prior MOU's, understandings or. personnel policies, customs, practices and actions not specifically included in Atascadero Municipal Code, Title 2, chapter 2, inclusive, and associated rules and regulations adopted by t:he City Council of the City of Atascadero, shall be superseded by the provisions of the MOU. g_ 1 Section 19.0 Mana ement Ri htsg The authority of the City includes, but is not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service;... and promotion; direct its employees; take disciplinary action for just. .cause"; relieve.. employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations;.determine. the methods, manning and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the .consequences or impact that decisions on these matters. may have on wage, hours: and other terms of employment. Section 20.0 Grievance Procedure. Unit employees shall be entitled to utilize the grievance procedure as outlined in Section 6.0 of Resolution 12-80. Section-2l-0 ~-Peaceful Performance Clause. The arties to this M0U reco nize and acknowled a that thee.P g g services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero. Union agrees that under no circumstances will the Union recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit- down, stay-in, sickout, slow-down, or picketing. (hereinafter collectively referred to as work-stoppage),. in any office or department of the City, nor to curtail any work or restrict any production,. or interfere with any operation of the City. In the. event of any such work stoppage by any member. of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute which may have risen to such work stoppage until. said work stoppage has ceased. Ln the .event of any work stoppage, during the term of this MOU whether by the Union oz by any member of the bargaining unit, the Union by its officers, shall immediately declare in writing 10- 4 .i and publicize that such work .stoppage is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work. Copies of such written notices shall be served upon the: City. If in the event of any work stoppage the Union promptly and in good faith performs the obligations of this paragraph, and providing the Unit has not otherwise authorized, permitted, or encouraged such work stoppage, the Union shall not be liable. for any damages caused by the violation of this provision. however, the City shall have the right to discipline, to include discharge, any employee who instigates, participates. in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal .redress including damages, as against any such employee. ATASCADERO GENERAL SER;TI:CES CITY OF ATASCADERO BARGAINING UNIT DATE DATE 11- i EXHIBIT II MONTHLY SALARY SCHEDULES S.E.I.U. GENERAL SERVICES UNIT MEMORANDUM OF UNDERSTANDING FY 1985/$6 1986/87 EFFECTIVE JULY 7, 1986} Step Classification A B C D E Custodian 1180 1240 1310 1380 1440 Maintenance Worker I Drainage 129D 1350 1420 1500 1570 Parks 1290 1350 1420 1500 1570 Sanitation 1290 1350 1420 1500 1570 Streets 1290 1350 1420 1500 1570 Wastewater Treatment Plant 1370 1450 1530 1600 1680 Operator In Training.. Maintenance Worker II 1430 1500 1570 1650.1730 Building.. Maintenance 1410 1500 1570 1650.1730 Worker: Maintenance Worker III 1490 1570 1650 1740 18:20 Recreation Coordinator 1490 1570 1650 1740 1820 Senior Park Maintenance 1510 1590 1660 1750 1830 Worker Wastewater Treatment Plant 1530 1610 1700 1780 1870 Operator I Supervising Maintenance 1560 1640.1730 1820 1900 Worker Senior Building Main-1600 1690 1780 1870 1960 tenance Worker Wastewater Treatment. Plant 1760 1850 1940 2050 2140 Operator II Chief Wastewater. Treatment 1980 2090 2190 2310 2410 Plant Operator 2 2: EXHIBIT I MONTHLY SALARY SCHEDULE S.E.I.U. GENERAL SERVICES UNiT MEMORANDUM OF UNDERSTANDING FY 1985/86 1986/87 EFFECTIVE JULY. 6, 19$5) Step Classification A B C D E Custodian 1100 1160 1230.1290 1350 Maintenance Worker I: Drainage 1240 1300 1370 1440 1510 Parks 1240 1300 1370 1440.1510 Sanitation 1240 1300 1370 1440 1510 Streets 1240 1300 1370 1440 1510 Wastewater Treatment Plant 1340 1420 1494 1570 1640 Operator in Training Maintenance Worker LS 1360 1440.1510 1590 1660 Building Maintenance 1360 1440 1510 1590 1660 Worker Maintenance Worker III 1430 151.0 1590 1670 1750 Recreation Coordinator 1430 1510 1590 1670 1750 Senior Park Maintenance 1440 1510-J590 1670 1.750 Worker Wastewater Treatment Plant 1490 1560 1670 1740 1820 Operator I Supervising Maintenance 1500 1580 1660 1750 1830 Worker Senior Building Main-1520 1600 1b90 1770 1860 tenance Worker Wastewater Treatment Plant 1690 1780 1870 1970 2060 Operator II Chief Wastewater Treatment 1900 2010 211 0 2220.2320 Plant Operator 1 r- EXHIBIT III. - MONTHLY SALARY SCHEDULE S.E.I.U. GENERAL SERVICES UNIT MEMORANDUM OF UNDERSTANDING FY 1985/86 1986/87. EFFECTIVE JANUARY 3, 1987) Step Classification A B C D E Custodian 1200 12`50 1340 1410 1470 Maintenance Worker I: Drainage 1320 1380.14.50 1,530 1600 Parks 1320 1380 1450 1530 1600 Sanitation 1320 1380 1450 1530 1600 Streets 1320 1380 1450 1530 1600 Wastewater Treatment.. Plant Operator in Training Maintenance Worker II 1440 1530 1600 1680 1700 Building Maintenance 1440 1530 16.00 1680 1700 Worker Maintenance. Worker III 1520 1600 1680 1770.1860 Recreation Coordinator 1520 1600 1680 1770 1860 Senior Park. Maintenance 1540 1620 16.90 1790 1870 Worker Wastewater Treatment Plant Operator I Supervising Maintenance 1590 1670.1760 1860 1940 Worker Senior Building Main-1630 1720 1820 1910 2100 tenance Worker Wastewater Treatment Plant 1800 1890 1980 2090 218.0 Operator II Chief Wastewater Treatment 2020 2130 223.0 2360 2460 Plant Operator 3 f RESOLUTION 88-85 RESOLUTION OF THE CITY COUNCIL OF THEE CITY OF ATASCADERO APPROVING P., MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND ATASCADERO FIRE CAPTAINS BARGAINING UNIT WHEREAS, .the City of Atascadero has met and conferred in good faith with the Atascadero Fire Captains Bargaining .Unit for the pur- pose of discussing wages, benefits, and other conditions. of employ- ment; and WHEREAS, the City of Atascadero and the Atascadero Fire Captains Bargaining Unit. have reached an agreement regarding said wages, benefits, and other conditions of employment for the term of Fiscal Year 1985/86; and NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and the Atascadero Fire Captains Bargaining Unit for Fiscal Year 1985/86 , and authorizes the City Manager, as the .Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED• CITY OF ATASCADERO, CALIFORNIA By: ROLFE NELSON,. Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO CONTENT.: MICHAEL SHELTON, City Manager 5 CITY 141G Vii. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADER.O FIRE CAPTAINS BARGAINING UNIT This Memorandum of Understanding is entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as City," and the Fire Captains' Bargaining Unit of the Fire Department Emp:Loyees Association, hereinafter referred to as Unit," and made pursuant to California Government Code Sections 3500 et seq, City of Atascadero Municipal Code, Title 2, Chapter 2, Section 2-2.01 through Section 2-2.13, inclusive, and the City of Atascadero Zesolution No. 12-80, dated July 14, 1980, and subsequent amendments thereto. The parties have mE~t and conferred in good faith regarding. employment terms and conditions for members of the Unit as recognized by the City of Atascadero on April 13, 1981, and, having reached an agreement, as herein set forth, submit this memorandum to the City (~ourcil with a joint recommendation that that body resolve to adopt the terms and conditions and take such other additional. actions as may be necessary to implement its provisions. Section 1. Purpose. 1.1 It is the purpose of this Memorandum of Understanding, hereinafter referred to as MOU," to promote and provide for continuity of operation in employment through harmonious relations cooperation and understanding between Management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. 1.2 This MOU sha1:L replace and supersede the Memorandum of Understanding MOU) reached between the Unit and the City, effective July 1, 1984 adopted August 13, 1984, and earlier Memoranda between the Atascadero Fire Captains' Association and the Board of Directors of the Atascadero Fire Protection District. Section 2.0 Full tnderstanding, Modifications Waiver. 2.1 This MOU sets forth the full and entire understanding of the parties regarding the matters set faith herein.. Any other prior or existing understanding or agreement by the parties, 1.r h r r inf rural re ardin an such matters arewhetefomaloroggy hereby suspended or terminated in their entirety,. if in conflict with .this Memorandum. 2.2 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall.. in any manner be binding upon the parties hereto unless made and executed in writing by both partie hereto and, if required, approved and implemented by the City Council. 2.3 The Waiver of any breach, term or condition of this. Agreement by either party shall not constitute a precedent in the future enforecement of all its terms and provisions. Section 3.0 Sick Leave. Fire Captains shall earn and use sick leave subject to the provisions of Section 9.5 of Resolution No. 12-80, dated July 14, 1980. Sick leave credited from either District or City service may be used as available and .needed subject to the City's Personnel Rules and Regulations, except that any sick leave used shall first be deducted.. from the credited amount carried over from district service until such credits are exhaused. It is agreed that nothing herein shall be construed as providing any vested right;- monetary -or otherwise, to any unused sick leave exisiting at time of retirement in accordance with the City's Public Employees Retirement System contract. Section 4.0 Vacation. 4.1 Vacation leave shall be credited, computed and used as specified by Section 9.0, Employee Benefits, of Resolution No. 12-80, dated July 14, 1980. 4.2 It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of the City. Section 5.0 Salaries. 5.1 Effective July 6, 1985,. salaries in effect on July 5, 1985, shall be increased by five 5~) percent. 5.2 For purposes of police-fire comparison Fire Captain shall be compared to Police Sergeant, Fire Engineer shall be compared to Police Officer with no comparable basic fireman vs. police classification. 5.3 The City and Association agree to convert the existing salary plan to a five step salary plan. Current employees shall be converted to the new. plan effective January 1986; all employees hired. after August 1, 1985, shall be placed on the five Step plan. Basic elements of the plan are as follows: a. Trainee, Qualified and Fully Qualified salary rates shall be converted to steps A, C E respectively. b. New steps B shall be-created by establishing the mid-point between Steps A & C and C E. c. Newly. hired employees shall normally be placed at Step A. Advanced step hiring may. be approved by the City Manager. d. Movement between steps shall be at twelve month intervals and subject to satisfactory performance. The initial step movement after hiring, however, shall be after twelve months or after completion of probation, whichever occurs later. e. Effective .January 1986, current employees at salary rage Fully Qualified shall be placed at Step E. f. Effective January.1986, current employees with- eighteen nnonths or more service time at the qualified salary rate shall be advanced to Step E. g. Effective January 1986, current employees with less than eighteen months service at the qualified salary rate shall be placed at Step C of the new salary plan. Thereafter, they shall be eligible for salary step advancement at twelve month intervals., h. Current employees at Trainee. salary rates shall proceed to the Qualified or Step C salary rate in accordance with the rules of the existing salary plan. Thereafter, they shall be eligible for Step Advancement at twelve month intervals. i. The parties acknowledge that the above contains S their conceptual agreement as to the salary plan conversion and that-more. detailed personnel rule language will be needed to fully implement the salary-plan. Draft personnel language will be forwarded to the Association far. review, and, upon request, joint .meetings., prior to its adoption. Section 6.0 MedicallDental Benefits. 6.1 The .City agrees to pay for all medical and dental benefits for each Fire Captain employee and the rate. and coverage prevailing under the City's medical and dental program as it now. exists through .the City's agreementwith the New .England Life Insurance Company as established by the Agreement of the Joint City-Employee Medical Insurance Committee. It is agreed that the City will pay for fiscal Year 1985-8& dependent medical and dental coverage up to One Hundred Four Dollars and l4/100 104.14} per month. For those employees without dependents or do nat choose to enroll their dependents in the City plan the One Hundred Four Dollars and 14/100 104.14) shall be paid to the employee as an addition to .his/her regular salary. Section 7.0 Overtime. 7.1 City agrees to pay all Fire Captains overtime, upon certification by the Fire Chief using .authorized time card forms, for any overtime worked in excess of the established 56 hour work, week.This is equivalent to 121.33 shifts per year.} such overtime shall be computed using the rate of time and one-half applied to the 56 hour work week hourly wage scale for the individual concerned. 7.2 Effective July 6, 1985, employees called .back to work for hours not contiguous to a scheduled shift shall: be compensated a minimum of two hours of overtime for each call back. period. Section 8.0 Holiday Time.. Unit-employees shall receive five and 13/100 5.13) shifts time as Holiday time far the term of the Agreement.. Holiday time will be credited at eleven 11) hours per month. Section 9.0 Term :Life Insurance. 9.1 City shall maintain a term life insurance policy for a each unit member. in a total amount of Fifteen Thousand Dollars 15,000.00) and shall pay all premiums for such policy during the term of this Agreement. 9.2 Effective July 6, 1985, the City shall maintain a term life insurance policy for each dependent of each unit member in a total amount of One Thousand :Dollars 1,000.00) per dependent and shall pay. all premiums .for such policy during the term of this Agreement. Section 10.0 General Benefits. It is agreed that compensatory time off CTO}, retirement and any other benefits and conditions of employment shall be as specified by City Resolutions No. 12-80 and 52-82 and Atascadero Municipal Code, Chapter 2, inclusive. Section 11.0 Prob<~tionary Period. The probationary pE=_riod for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in the new classification. Section 12.0 Effective Date. It is understood and agreed that the provisions of this MOU shall be effective as o:E 0001 a.m., .July 1, 1985, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1986. Section 13.0 Implementation. 13.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon the parties either in whole or in part unless and until said City Council.:a) acts, by a majority vote, formally to approve and adopt said MOU, b} and acts in a timely manner to appropriate the funds necessary to implement the provisions of this MOU which require funding. 1- 1 N w' hstandin the fore oin in the event the Cit32ofitggg,Y Council fails to take all of the actions necessary for timely implementation of this MOU, either .party may request the renewal of-the. meet and confer procedure. Section 14.0 Provisions of Law. 14.1 The MOU is subject to all current applicable federal, state and local laws, regulations and resolutions. All ordinances, rules and regulations enacted by the City Council shall be subject to the.. appropriate revisions amendments and deletions necessary to conform with. the purpose., intent and application of the provisions: of this Agreement.. 14.2 If any part of provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is~otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. 14.3 The Association and City understand the pendency of the issuance of .Fair Labor Standards Act Regulations. It is agreed that the lack: of accurate information makes it impossible. for the City to implement all elements of the Fair Labor Standards Act at this time. The-City. reserves the right to take all steps necessary to implement the Fair Labor Standards Act when information is available. Upon request, the City will meet.. with the Association to discuss the implementation. Section 15.0 Applicability of Other MOU's, Rules and Regulations. It is agreed that all provisions of any existing or prior MOU's, understandings.or personnel policies, customs, practices and actions not specifically included in Atascadero Municipal Code, Title 2, Chapter_2, inclusive, and. associated rules .and regulations adopted by the City Council of the City of Atascadero, shall be superseded by the provisions of this MOU. Section 16.O Management Rights. The authority of the City includes, but is not .limited to the exclusive right to determine .the mission of its constituent departments, commissions and boards; set standards of service; determine the ro durpcees and-standards of selection for employment and promotion; direct its employees; take disciplinary action for just cause"; relieve its employees from duty because of lack of work or for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, manning and personnel b;y which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizations and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their reprEasentatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage, hours and other terms of employment. Section 17.0 Peaceful Performance Clause. The parties to this Memorandum of Understanding recognize and acknowledge that thE, services performed by the City employees covered by this Agreement are essential to the public health, safety and general welf<~re of the resident of the City of Atascadero. Association agrees that under no circumstances will the Association recommend, encourage, cause or permit its members toinitiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow-down or picketing hereinafter collectively referred to as work-stoppage), in any office or department of the City, nor to curtail any. work, or xestrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any member of the bargaining unit the City shall not by required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said work stoppage has ceased. In the event of any work stoppage, during the term of this Memorandum of Understanding, whether by the Association or by a member of the bargaining unit, the Association by its officers, shall immediately declare in writing and publicize that such work is illegal and unauthorized, and further direct its members in writing to cease the sa~~d conduct and resume work. Copies of such written notice sha]L1 be served upon the City. If in the event of any work stoppage the Association promptly and in good faith performs the obliq_ations of this paragraph, and providing the Association has not otherwise authorized, permitted or 1~ Y encoura ed such work sto a e the .Association shall not be9PPg liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline,, to include discharge, any. employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City. shall also have the right to seek full legal redress including damages, as against any such employee. ATASCADERO FIRE CAPTAINS CITY OF ATASCADERO BARGP.I NING UN I T C.tw-I u T mss l ~ c6s DATE DATE. t;, Effective 7/6/85 Exhibit I Monthly Salary Schedule At ascadero Fire Captains Bargaining Unit r4emorandurl of Understanding FY 1985-6 STEP Classification A B C D E Fire Captain Prevention 1.950 2050 2160 2270 2380 Fire Captain -Suppression 195.0 2050 2160 2270 2380 1<<1 z tl RESOLUTION NO. 89-95 RESOLUTION OF THE ATASCADERO CITY COUNCIL ADOPTING A SALARY/CLASSIFICATION SCHEDULE FOR CITY EMPLOYEES NOT REPRESENTED BY RECOGNIZED BARGAINING. UNITS Section 1. A Salary/Classification Schedule,. attached as Exhibits I, II and III, fo:r City employees not represented by recognized bargaining units is hereby adopted. Section 2. The City shall convert the existing non-management salary plan to a five step salary plan. Current non-management. employees shall be converted to the. new plan effective January 4, 1986; all employees hired after August 1, 1985, shall be placed on the five step plan. a. Trainee, Qualified and Fully Quali~ied salary rates shall be converted to steps A, C E respectively. b. flew steps B E shall be created by establishing the mid-point between steps A C and C E. c. Newly hired employees shall normally be placed at Step A. Advanced step hiring may be approved bytheCityManager... d. movement between steps shall be at twelve manth intervals and subject to satisfactory performance. IzE, initial step movement after hiring, however, shall be after twelve months or after completion of probation , whichever occurs dater. e. Effective January 4, 1986,. current employees at salary rate fully qualified shall be placed at Step E. f. Effective January 4, 1986, current employees with eighteen months or more service time at the qualified salary rate shall ae advanced to Step E. g. Effective Januar~.~ 4, 1986, current employees with less than eighteen r~~onths service at the at the qualified salary rate shall be placed at Step C of the new salary plan. Thereafter, they shall be eligible for salary step advance- ment at twelve month intervals. h. Current employees at Trainee salary rates shall proceed to the Qualified or Step C salary rate in accordance with the rules of the existing salary Ulan.. Thereafter, they shall be elic_lible zor Step Advancement at twelve months intervals. 1~~ b. The City shall pay all medical and dental benefit premiums for the employee at the rate and coverage prevailing under the City's medicaa-and. dental program as it now exists through the City's agreement with the New England Mutual Life Insurance Company. c. Through January 3, 1986, the City shall pay for dependent medical and dentaa coverage up to Ninety Five and 89/100 95.89) per month. Effective January 4,,1986, the City shall pay the fu1:1 premium amount for eligible dependents' coverage. d. For those employees without dependents or who choose not to enroll their dependents in the City plan, the. amount of the City contribution as described in Section C,, above, shall be paid to the employee as an addition to his/her regular pay. e. Through January 3, 1986, the City shall maintain a term life insurance policy in a total amount of Fifteen Thousand Dollars 15,000.00) and shall pay all premiums for such policy. Effective January 4,.198.6, the City shall increase the amount of-the coverage by Thirty-Five Thousand Dollars 35,0.00.00) to a total amount of Fifty Thousand Dollars 50,000.00) and the City shall pay the full premium amount for such coverage. f. The City shall maintain a term life insurance policy for each eligible dependent of the erployee in a total amount of. One Thousand D~~llars 1,000.00)_per dependent and shall pay all premiums for such dependents. g. Effective January 4, 1986, the City shall grant two and one-half 22) days of administrative leave, such leave to be taken at the convenience of the City-and subject to the approval of the employee's department head.. Effective Jul1~ 7, 1986, the City shall grant five 5) days of administrative le<sve to be taken during Fiscal .Year 1986-87. Time. not used sha:Li be forfeited. Section 5. For confidential/technical employees, including Administrative Secretary I and Imo, Building Aide, Building Inspector, Engineering Aide, Engineering Technician 3 and II, and Finance Clerk I and II, effective 7uly 6, 1985 through June 30, 1987, the following provisions regarding benefits shall apply; a. The City shall continue to pay the employee monthly contribution 7g of gross) to the Public Employees' Retirement System PERS). J b. The City shall pay all medical and dental benefit .premiums for the employee at the rate and coverage prevailing under the City's medical and dental program as it now exists through the City's agreement with the_New England Mutual Life Insurance Company. The City shall pay fo:r Fiscal Year 1985-86 dependent medical and dental coverage up to Ninety- Five and 89/100 95..89) per month. Effective October 1, 1986, the City's maximum dependent medical/dental coverage shall be increased to One Hundred Ten and 89/100 110.89). c. For those employees without dependents or who choose not to enroll their dependents in the City plan., the amount of the City contribution shall be paid to the employee as an ..addition to his/her. regular pay. d. The City shall maintain a term life insurance policy for each employee in a total amount of-Fif teen Thousand Dollars 15,000.00};;and shall pay all premiums for such policy during Fiscal .Years 1985-86 and 1986-87. e. The City. shall maintain_a term life insurance policy for each eligible dependent. of the employee in a total amount of One Thousand Dollars 1,000.00). per dependent and shall pay all premiums for such dependents during .Fiscal .Years 1985-86 and 1986-87. On motion by Councilman and seconded by Counci man the foregoing resolution is hereby adopted its entirety by the following roll call vote:. AYES: NOES: ABSENT: ADOPTED: ROLFE D. NELSON, riayor ATTEST: ROBERT P~:. JONES, City.Clerk APPROVED AS TO FORM:APPROVED AS TO CON^tENT: ROBERT M: JONES, City Attorney P~IICHAEL B. SHELTON, City Manager 52 Exhibit I Effective 7/6/85 CITY OF ATASCADERO SALARY/CLASSIFICATION SCHEDULE MATJAGEMENT EMPLOYEES CLASSIFICATION MOT1'I'HLY SALARY Director of Parks and Recreation 2,:650.00 Director of Community Development 3,340.00 Police Chief 3,380.00 Fire Chief 3,444.00 Director. of Public Works/City Engineer 3,770.00 5: EFFECTIVE:Jul 6985 xhibit IIy A CITY OF ATASCADERO SALAR`1/CLASSIFICATION SCHEDULE MID-MANAGEMENT/PROFESSIONAL EMPLOYEES. Classification S_t.~ A B C D E Recreation Supervisor 1570 1660.1750 1830 1920 Support Services 1590 16:80 1770.1860 190 Coordinator Assistant Planner 16.10 1700 1790 1880 1970 Zoo Curator 1610 1700 1790.1880 1970 Assistant Civil Engineer 1860 1960 2060 2170 2270. Associate Planner.1860 1960 2060 2170 2270 Assistant to the City Manager 1950 2Ob0 2170 2280 2380. Chief Building-Inspector 2060 2180 2290 2410 2520 Senior Civil Engineer 2060 2180 2290 2410 2520 Senior Planner 2090 2210 2320 2440 25.60 Police Lieutenant 2140 226.0 238D 2500 2610 Fire Battalion Chief 2140 2260 2380 2500 2620 P'•an Check Engineer 2140 2260.2380 2500 2620 Superintendent of Public Works 2140 2260 2380 2500 26.20 Assistant Finance Director 2190 2310 2430 2560 2680 EFFECTIVE: Jul 7 1986Y r~xhibit II B CITY OF ATASCADERO SALAR`I/CLASSIFICATION SCHEDULE MID-MANAGEMENT/PROFESSIONAL EMPLOYEES Classification Step A B C D E Recreation Supervisor 1630 1730 1820 1900 2000 Support Services Coordinator 1650 1750 1840 1930 2030 Assistant Planner 1680 1770 1860 1960 2050 Zoo Curator 1680 1770 1860 1960 2050 Assistant Civil Engineer 1930 2040 2140 2260 2360 Associate Planner 1930 2040 2140 2260.2360 Assistant to the City Manager 2030 2140. 226Q---- --~-2-370 248-Q--------- Chief Building Inspector.. 2140 2270..2.380 2510 2620 Senior Civil Engineer 2140 2270.2380 2510.2620 Senior Planner 2170 2300.2410 254Q 2660 Police Lieutenant 2230 2350 2480 2600 2710 Fire Battalion Chief 2230 2350 2480 2600 2720 Plan Check Engineer 2230 235.0 2480 2600 2720 Superintendent of Public Works 2230 2350 2480 2600 2720 Assistant Finance Director 2280 2400 2530 2660 2790 IJ= Januar 19 8 7 -EFFECTIVE:y~,Exhibit II C CITY OF ATASCADERO SALAR`1/CLASSIFICATION SCHEDULE MID-MANAGEMENT/PROFESSIONAL EMPLOYEES Classification S,teP A B C D E Recreation Supervisor 1660 1760 1860-1940 2040. Support Services Coordinator 1680 1790 1880 1970'2070 Assistant .Planner 1710 1810 1900 2000 2100 Zoo Curator 1710 1810 1900 2000 2100 Assistant Civil Engineer 1970 208.0 2180 2310 2410 Associate Planner 1970 2084 2180 2310 2410 Assistant to .the City Manager 2070 2180 2310 2420 2530. Chief Building Inspector 2180 2320 2430 2560 2670 Senior Civil Engineer..2180 2320 2430 2560 2670 Senior Planner.2210 2350 2460 2590 2710 Police Lieutenant 2270 2400 2530 2650 276.0 Fire Battalion Chief 2270 2400 2530 2650 2770 Plan Check. Engineer 2270 2400 2530.2650 2770 Superintendent of Public Works 2270 2400.2530 2650 2770 Assistant Finance. Director 2330 2450 2580 2710 285.0 EFFECTIVE': July 6, 1985 EXHIBIT III A CITY OF ATASCADERO SALARY,/CLASSIFICATIOtd SCHEDULE TECHNICAL/COT3FIDENTIAL EP-~DLOYEES Classification St~e.p A B C D E Finance Clerk I 1120 1190 1250 1310 1370 Administrative Secretary I 1240 1310 1370 1440 1510 Finance Clerk IT 1240 1310 1370 1440 1510 Engineering Aide 1360 1.440 1510 1590 1660 Building Aide 1390 1470 1550 1630 1700 Administrative Secretary II 1430 1510.1590 1670 1750 Engineering Technician I 1450 1530 1610 1690 1770 Engineering Technician II 1610 1700 1790 1880 1970 Building Inspector 1690 1780 1870 1970 2060 EFFECTIVE July 7, 198 EXHIBIT III g CITY OF ATASCADERO SALARY/CLASSIFICATIOid SCHEDULE TECHNICAL/CONFIDENTIAL ER4DLOYEES Classification Step . A B C D E Finance Clerk I 1160 1240.1300 1360 1420 Administrative Secretary I 1290 1360 142...0 1500 1570 Finance Clerk IS 1290 1360 1420 150-0 1570 Engineering .Aide 1410 1500 1570 1650 1730 Building Aide 1450 15.30 1610 1700 1770 Administrative Secretary II 1490 1570 1650 1740 1820 Engineering Technician I 1510 15901670 1760 1840 Engineering Technician II 1670 1770 1860 1960 2050 Building Inspector 1760 1850 1940 2050 2140 15~; ERFECTIVE~: January 3, 1987 EXHIBIT III C CITY OF ATASCADERO SALARY/CLASSIFICATIOTI SCHEDULE TECHNICAL/CONFIDENTIAL EMDLOYEES Classification Step A B C D E Finance Clerk I 1.180 1260 1330 1390.1450 Administrative Secretary I 1320 1390 1450 1530 1600 Finance Clerk II 1320 1390 1450 1530 1600 Engineering Aide 1440 1530 1600 1680 1760 Building Aide 1480 1560.1640 1730 1810. Administrative Secretary II 1520 1600 1680 1770 1860 Engineering Technician I 1540 1620 1700 1800 1880 Engineering Technician II 1700 1810 1900 2000 2090 Building Inspector 1800 1890 19$0 2090 2180 p(-r~d