CC RESOLUTION 3940RESOLUTION NO. 3940
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, APPROVING THE MEMORANDUM
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO,
CALIFORNIA AND THE SERVICE EMPLOYEES INTERNATIONAL
UNION, AFL -CIO, LOCAL 347, GENERAL EMPLOYEES
ASSOCIATION BARGAINING UNIT.
WHEREAS, the City has met and conferred in good faith with representatives of
the Service Employees International Union, AFL -CIO, Local 347, General Employees
Association Bargaining Unit; and
WHEREAS, discussions which have taken place in the meet and confer
process have resulted in a mutually agreeable Memorandum of Understanding
between the City of El Segundo and this association;
NOW, THEREFORE, be it resolved, by the City Council of the City of El
Segundo as follows:
Section 1. That staff is authorized to implement all terms and
conditions of the Memorandum of Understanding between the City of El Segundo and
the Service Employees International Union, AFL -CIO, Local 347, General Employees
Association Bargaining Unit (Attachment A, entitled "Agreement').
PASSED, APPROVED AND ADOPTED this 19th day of September 1995.
ATTEST:
APPROVED AS TO FORM:
Lela C. Dolley, City'AttorKey
10 rasp- mou.gea
the City of EI'Segundo
of
0
STATE OF CALIFORNIA ]
COUNTY OF LOS ANGELES ] SS
CITY OF EL SEGUNDO ]
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing resolution, being RESOLUTION NO. 3940 was duly passed and
adopted by the said City Council, approved and signed by the Mayor or said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the 19th day of September, 1995, and the same was so passed and adopted by the
. following vote:
AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Switz,
Councilman Robbins, and Councilwoman Friedkin.
NOES: None
ABSENT: None
ABSTENTION: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
September, 1995.
e'
NDY R SE'
City Cle o he
City of El Segundo,
California
(SEAL)
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t�
ATTACHMENT A
Resolution No. 3940
AGREEMENT
All provisions in the Memorandum of Understanding between the City and Local 347 shall
remain in effect except as modified below:
1. Salaries - 1995 -96 1.64% effective August 19, 1995.
1996 -97 1.64% on July 1, 1996.
1997 -98 Reopen salary and one non - economic issue each.
2. Health Insurance - The City's contribution for medical insurance will be equal to
the premium cost of full family coverage for the average of the HMO's available to
all employees in Southern California, effective with the next premium adjustment
after September, 1995.
3. Alternative Work Schedule - The bargaining unit employee shall be assigned to a
work schedule as determined by the department head. If the employee requests a
change to the schedule, the department head and the employee may mutually agree
to the change. If the change proves not to be operationally sound, the department
head may reverse the change.
4. Grievance Procedure:
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I. DEFINITION OF TERMS
A. Grievance - A grievance is a violation, misinterpretation or
misapplication of a specific written departmental or agency rule or
regulation or a specific provision of a memorandum of
understanding. A grievance is distinct from an appeal in that it is a
violation, misinterpretation or misapplication of a specific written
departmental or agency rule and /or policy or a specific provision of
a memorandum of understanding. A grievance is also discipline of
one (1) through five (5) days of suspension. (The grievance
procedure for one (1) through five (5) day suspension is set forth
under III.E.).
B. Grievant - A grievant is an employee or group of employees
adversely affected by an act or omission of the agency.
C. Day - A day is a calendar day.
D. Immediate Supervisor - The first level supervisor of the grievant.
Attachment A
Resolution No. 3940
II. TIME L1MIT5
A. Compliance and Flexibilitv - With the written consent of both
parties, the time limitation for any step may be extended or
shortened.
B. Calculation of Time Limits - Time limits for appeal provided in each
level shall begin the day following receipt of a written decision or
appeal by the parties.
C. Failure to Meet Timeliness - Failure at any level of this procedure
to communicate the decision on a grievance by the City within the
specified time limits shall permit lodging an appeal at the next level
of the procedure within the time allotted had the decision been
given. If the grievance is not processed by the grievant or grievants
in accordance with the time limits, the decision last made by the
City shall be deemed final.
III. PROCEDURE
Grievances will be processed following the procedures set forth
below.
A. Level I - Within ten days of the date the employee reasonably knew
or should have known of the incident giving rise to the grievance,
the employee should make an effort to resolve the grievance
informally with the employee's immediate supervisor. The
supervisor shall hold discussions and attempt to resolve the
grievance within five (5) days.
B. Level II - In the event such efforts do not produce a mutually
satisfactory resolution, the employee or employees aggrieved must
reduce their grievance to writing. Under no circumstances shall the
formal written grievance be filed more than fifteen (15) days from
the date the employee knew or should have known of the incident
giving rise to the grievance.
1. Procedure for Filing a Grievance:
In filing a grievance, the employee should set forth the
following information:
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Attachment A
Resolution No. 3940
a. The specific section of the departmental or agency
rules or regulations allegedly violated,
misinterpreted or misapplied.
b. The specific act or omission which gave rise to the
alleged violation, misinterpretation or
misapplication.
C. The date or dates on which the violation,
misinterpretation or misapplication occurred.
d. What documents, witnesses or other evidence
supports the grievant's position.
e. The remedy requested.
C. Level III - If the grievance is not resolved by the immediate
supervisor the grievant may present the grievance in writing to the
department head within five (5) days. The department head will
respond in writing within ten (10) days.
D. Level IV - If the grievance is not resolved by the department head,
the grievant may present the grievance in writing to the City
Manager within five (5) working days. The City Manager or
designee will conduct an informal hearing and render a decision.
Each party shall have a right to present witnesses and evidence at
the hearing. The conclusions and findings of this hearing shall be
final.
E. If an employee is suspended for one (1) through five (5) working
days, the employee may, within ten (10) work days of receipt of the
notice of suspension, request mediation. The City shall contact the
State Mediation and Conciliation Service for appointment of a
mediator. The mediator shall attempt to resolve the dispute. If the
mediator is unsuccessful he /she will render an informal opinion to
the City Manager. The City Manager shall issue a final and binding
decision regarding the suspension.
0 IV. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE.
A. The grievance procedure is not intended to be used for the purpose
of resolving complaints, requests or changes in wages, hours or
working conditions.
Ca9u.M;3Qv &f-ds.szs 3
Attachment A
Resolution No. 39440
B. The procedure is not intended to be used to challenge the content
of employee evaluations or performance reviews.
C. The procedure is not intended to be used to challenge the merits of
a reclassification, lay -off, transfer, denial or reinstatement, of denial
of a step or merit increase.
D. The procedure is not intended to be used in cases of reduction in
pay, demotion, suspensions of six or more days, or a termination,
but are subject to the formal appeal process as outlined in
Ordinance 586.
V. CONFERENCES
Grievants and City representatives, upon request, shall have the right to a
conference at any level of the grievance procedure.
Layoff.
1. Grounds for Layoff - Whenever, in the judgment of the City Council, it
becomes necessary to reduce the workforce because of a lack of funds,
lack of work or reorganization, an employee may be laid off, reduced in
classification or displaced by another employee. Such layoff, reduction or
displacement shall result from action of the City Manager or his designee.
Such action shall not entitle the laid off, reduced or displaced employee to
a right of appeal. The City Manager shall recommend to the City Council
each classification to be effected by any such change.
2. Notice to Employees - An employee filling a full time position shall be
given fourteen (14) calendar days prior notice of lay off. Employees
transferred, reduced or displaced shall be given five (5) calendar days
notice. The City Council may approve a reduction in the notice
requirements, if so recommended by the City Manager.
3. At -Will Employees - The City Manager retains the right to layoff or alter
the work assignment of the following employees at any time without notice
or right of appeal: emergency employees, temporary or seasonal
employees, part-time employees, original probationary employees,
promotional probationary employees and employees designated as at -will.
The promotional probationary employee shall revert to his/her previously
held classification and position without loss of seniority.
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Attachment A
Resolution No. 3940
4. Procedures for Layoff - A permanent employee in a classification effected
by a reduction in force shall be laid off based on seniority in City service,
that is, the employee with the least City service shall be laid off first,
followed by the employee with the second least City service, etc. Seniority
shall be determined by hire date.
Breaking Ties - Provided that seniority is equal, hiring date is equal
retention points for job performance and shall be credited on the basis of
the average of the overall evaluation ratings for the last three (3) years in a
classification, provided the last rating had been filed at least thirty (30) days
prior to the date of the layoff notice. Retention points are as follows:
1. "Unsatisfactory" rating - 0 retention points.
2. "Improvement needed" rating - 6 retention points.
3. "Satisfactory" rating - 12 retention points.
4. "Exceeds expectations" rating - 18 retention points.
5. "Outstanding" rating - 24 retention points.
6. Reduction to a Vacant Position - An employee designated for layoff as a
result of abolition of a position or classification may be offered
appointment to a vacant position in a lower classification, if the employee is
qualified by education and/or experience for such position. If there is more
than one qualified employee eligible to be offered such appointment(s), the
offer(s) shall be based on seniority, with the employee with the highest
seniority offered the position first, then the next highest, etc. If the
employees have the same seniority, then the procedure for breaking ties set
forth above shall apply. An employee accepting such appointment shall be
placed on the step for the lower classification most closely corresponding,
but in no case higher, than to the salary step of his/her previously held
position, and the employee will be assigned a new salary anniversary date
on the effective date of the appointment.
Displacement Rights - An employee designated for layoff as a result of
abolition of a position or classification may displace (bump) an employee in
a lower classification, within the same occupational family. Determination
of occupational family will be made by the Director of Human
Resources/Risk Management and such determinations shall be made
according to the following factors:
r1. Similarity of occupational field.
2. Similarity of "Class Characteristics" and "Examples of
Duties" as described in the class specification.
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Attachment A
Resolution No. 3940
3. Similarity of "Education and/or Experience," "Knowledge,
Skills and Abilities," and "Special Requirements" as
. described in the class specification.
4. Any additional factors deemed relevant by the Director of
Human Resources/Risk Management.
An employee who is bumped shall be laid off in the same manner as an
employee whose position or classification is abolished.
8. Salary, Placement - An employee who is assigned to a lower classification
as a result of a displacement (bump) shall receive the compensation
reflected by the step of the salary range of the new classification closest to
the compensation of the employee in the previous classification, and the
employee will also be assigned a new salary anniversary date on the
effective date of the appointment. An employee accepting such
appointment shall be placed on the step for the lower classification most
closely corresponding, but in no case higher, than the salary step of his/her
previously held position, and the employee will be assigned a new salary
anniversary date on the effective date of the appointment. The employee
• shall, however, retain seniority while his/her name remains on a
reemployment list or lists.
9. Reemployment List - The names of permanent employees who have been
laid off under this section (including employees who bumped down) shall
be placed, in order of seniority from highest to lowest, on a reemployment
list for their classification or any lower classification for which the
employee is qualified by education and/or experience. Persons on such lists
shall retain eligibility for appointment therefrom for a period of three years
from the date their names were placed on the list. As a vacancy within a
classification or a lower related classification becomes available, the name
appearing at the top of the list shall be offered the opportunity to fill the
vacancy. The name of an individual selected from the list to fill the
vacancy who refuses the re- employment offer shall be permanently
removed from the re- employment list without right of appeal. Laid -off
employees do not earn seniority credit or benefits while on the re-
employment list.
10. Rights upon Reemploy - If a person is reemployed by the City within
three years, the employee's accumulated sick leave allowance, seniority and
vacation accrual shall be reinstated. Employees should be placed on the
same salary step held upon reemployment.
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Attachment A
Resolution No. 3940
6. Safety Sy hoes - Custodians shall be added to the list of classifications eligible to
receive safety shoes.
i7. The position of Administrative Secretary shall remain within the bargaining unit.
8. The position of Computer Operator may be reconsidered for reclassification and a
salary adjustment, if any, with an effective date of July 1, 1996. Union will provide
side letter.
9. Bereavement Leave - Modify bereavement leave to provide employees 24 hours of
leave with pay per incident unless travel to a funeral or other memorial service is
500 or more miles one way. In that circumstance, employees receive 40 hours
leave with pay.
10. Educational Reimbursement - Employees who participate in the Educational
Reimbursement Program will be required to sign the following agreement:
Educational Reimbursements - "I certify that I successfully completed the
course(s), receiving at least a grade of "C" or better." (Attach copy of
grade verification) "Further, I agree to refund the City or have deducted
from my final paycheck any educational reimbursement funds received
49 under this program if I should leave the City's employ, voluntarily or
through termination, with cause, within one year after completion of the
course work for which I am to receive reimbursement, in accordance with
the following schedule."
1. 100% 7. 50%
2. 100% 8. 40%
3. 90% 9. 30%
4. 80% 10 20%
5. 70% 11. 10%
6. 60% 12. 0%
Probationary employees are not eligible to participate in this program.
11. Catastrophic Illness Bank - The City will institute a catastrophic illness bank. The
purpose, definition and procedures for the catastrophic illness bank are as follows:
I. PURPOSE
To establish a program whereby City employees may donate accumulated
time to a catastrophic sick leave bank to be used by permanent, part-time
09%miscvbMc 1s.928 7
Attachment A
Resolution No. 3940
and full-time employees who are incapacitated due to catastrophic illness or
injury.
II. DEFINITION
A catastrophic illness or injury is a chronic or long term health condition
that is incurable or so serious that, if not treated, it would likely result in a
long period of incapacity.
III. PROCEDURES
A. There is established a joint- employer /employee committee
composed of an individual from each recognized employee
organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
B. Employees may transfer sick leave, vacation or compensatory leave
to the Catastrophic Leave Bank to be donated to an employee who
is experiencing catastrophic illness and has exhausted all personal
sick leave. Such a transfer can be made on July 1 of each year on
forms provided by the City of El Segundo. The employee to
(� receive the donation will sign the "Request to Receive Donation'
form (Attachment A) allowing publication and distribution of
information regarding his/her situation.
•
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C. Sick leave, vacation and compensatory time leave donations will be
made in increments of no less than one day. These will be hour for
hour donations.
D. Employees must hold a minimum of one hundred and twenty (120)
hours of accumulated illnessrnjury leave after a donation has been
made.
E. The donation of accumulated time is irrevocable. Should the
recipient employees not use all of the donated time for the
catastrophic illness or injury, any balance will remain in the
catastrophic leave bank to be administered by the committee and
utilized for the next catastrophic leave situation.
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For The Union
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Dated: AL� 4(yC--"-
c#9'Jjrnisc\Ib&f-e1s.828
Attachment A
Resolution No. 3940
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Dated: C, I -Z I 4S-
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ATTACHMENT "All
CITY OF EL SEG rw_DO Attachment A
Resolution No. 3940
EAVE POLICY
REQUEST TO REr`�IVR nn�IwTIONS. (.
•A I I
This form Is for those City employees who are incapacitated due to a catastrophic Illness
or Injury and wish to benefit from a joint employer- employee administered employee -
donated catastrophic leave bank. To be eligible to participate in the program, it is foreseen
that an employee will use all of his /her accumulated leave balances because of a
catastrophic illness or injury; however, any hours donated may not be utilized 9=ii the
employee's leave balances are actually exhausted.
The purpose of this form is i]QS to be Intrusive Into the personal life of any employee. The
goal is to obtain enough information so that the decision to establish a catastrophic leave
bank for any given employee will be based on appropriate considerations. The intent is to
establish a catastrophic leave bank for those employees truly in need.
Name:
Date:
Job Title:
Department: '
. Please describe why you are requesting use of the catastrophic leave ben t including
specific Information such as the nature of the catastrophe. IA doctor's excuse and /or
more Pertinent information will be required by the Committee.)
How much donated time do you estimate you may need?
I agree to allow this information to be released to those employees wishing to donate their
accumulated —. time to me, as well as those people involved in the administration
of the program.
Signed by the Requesting Employee
Date
rcATASTROPHIC LEAVE POLICY
•ua•a
T0: Catastrophic Leave Bank Committee
FROM:
(Employee Name and Department)
DATE:
Attachment A
Resolution No. 3940
I understand that this donation of my accumulated time is Irrevocable. Should the
employee receiving the donation not use all of the donated time for the catastrophic illness
or injury, the balance will remain in a catastrophic leave bank to be administered by the
joint employer - employee Catastrophic Leave Bank Committee.
I understand that time may only be donated in increments of four hours or more,
40 1 understand that I cannot donate accumulated time which would reduce my total
accumulated, vacation, compensatory time, and personal leave to less than 80 hours after
my donation.
I have read and understand all of the above and I freely and without restraint elect to
donate hours of time /leave to the Catastrophic Leave Bank.
NAME
SIGNATURE:
DATE:
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