SIDE LETTER OF AGREEMENT BETWEEN
CITY OF MANTECA
AND
OPERATING ENGINEERS LOCAL UNION NO. 3 (OE3)
SIDE LETTER OF AGREEMENT
This Side Letter Agreement (“Side Letter”) is made and entered into on February 6, 2024, by and between the City of Manteca (“City”) and the Operating Engineers Local Union No. 3 (“OE3”). The City and OE3 are sometimes referred to in this Side Letter as “Party” or, collectively as the “Parties.”
RECITALS
WHEREAS, the Parties have previously entered into a Memorandum of Understanding (“MOU”), which was adopted pursuant to Resolution No. R2023- 166 and has an effective term from July 1, 2023-June 30, 2026; and WHEREAS, Section 42 of this agreement contained a provision for Flex Staffing.
Flex Staffing allows an Operator I to advance to an Operator II and Operator II to an Operator III after they demonstrate specific proficiency on City equipment; and WHEREAS, the language included in the agreement required the Operator I to be proficient in four out of five pieces of equipment (roll off, side loader, front loader, sweeper and food waste separator) in order to move from an Operator I to Operator II; and
WHEREAS, this language should have stated that the operator needed to be proficient in three out of five pieces of equipment to qualify for Operator II; and WHEREAS, the language included in the agreement required the Operator II to be proficient in all five pieces of equipment (roll off, side loader, front loader, sweeper and food waste separator) in order to move from an Operator II to Operator III; and WHEREAS, this language should have stated that the operator needed to be proficient in four out of five pieces of equipment to qualify for Operator III; and WHEREAS, the City now agrees to amend the Flex Staffing set forth in section and will include this language in the future adopted MOU.
THEREFORE, the Parties hereby agree as follows:
42. FLEX STAFFING
Advancement based on experience in the Solid Waste Equipment Operator position Exhibit "A" ATTACHMENT 2
may occur after the initial probationary period, successful performance evaluation and the completion of a skills-based competency test initiated by a lead or supervisor.
1. Advancement from an Operator I to a II occurs after the Operator has demonstrated they are proficient in three out of five pieces of equipment (roll off, side loader, front loader, sweeper and food waste separator).
2. Advancement from an Operator II to a III occurs after the Operator has demonstrated they are proficient in four out of the five pieces of equipment (roll off, side loader, front loader, sweeper and food waste separator).
Manteca Operating Engineers Local No. 3 City of Manteca By______________________________ By__________________________ Darren Semore, Business Representative,
Operating Engineers Local Union No. 3
Nancy Bronstein
Interim Director of Human Resources
Exhibit "A" ATTACHMENT 2