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HomeMy WebLinkAboutReso 15-2003RESOLUTION NO. 15-2003 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING THE MEMORANDUM OF UNDERSTANDING BETWVEEN THE CITY OF SOUTH SAN FRANCISCO AND THE EMPLOYEE BARGAINING UNIT OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 39 WHEREAS, staff recommends approval of the Memorandum of Understanding between the City of South San Francisco and the Employee Bargaining Unit of the International Union of Operating Engineers, Local 39. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts the Memorandum of Understanding between the City of South San Francisco and the Employee Bargaining Unit of the International Union of Operating Engineers, Local 39. BE IT, FURTHER RESOLVED that the City Manager is hereby authorized to execute the Memorandum of Understanding on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 12th day of February 2003 by the following vote: AYES: Councilmembers Joseph A. Fernekes, Richard A. Garbarino, and Raymond L. Green, Mayor Pro Tern Karyl Matsumoto and Mayor Pedro Gonzalez NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: eputy City Clerk Sout Memorandum of Understanding International Union of Operating Engineers, Local and the City of South San Francisco January 2005 through December $1, 2007 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 2 Published by Human Resources Department City of South San Francisco Street Address: First Floor City Hall 400 Grand Avenue South San Francisco CA 94080 Web Site www.ssf, net Mailing Address: P. O. Box 711 South San Francisco CA 94083 650/877-8522 Tel 650/829-6699 Job Line 650/829-6698 Fax 650/877-8523 Benefit Information 650/829-6693 Recruitment Information City of South San Francisco International Union of Operating Engineers, Loca 39 Memorandum of Understanding Table of Contents '~):,.'~ :~..., ...: .' ~.c'.&'. , ,~.' .~' .' ~.' ' ' Preamble Recognition .............................................................................................................. 1 Union Security ......................................................................................................... 1 2.1 Agency Shop ................................................................................................. 1 2.1.1 New Employees .................................................................................. 1 2.1.1.1 ............................................................................................. 1 2.1.1.2 ............................................................................................. 1 2.1.1.3 ............................................................................................. 1 2.1.2 Notification of New Employees .......................................................... 1 2.1.3 Changing Deductions .......................................................................... 2 2.1.4 Deductions During Absences .............................................................. 2 2.1.5 Failing to Follow this Article .............................................................. 2 2.1.5.1 City Notification .................................................................... 2 2.1.5.2 City Obligation ...................................................................... 2 2.1.5.3 Re-notifying Employee ......................................................... 2 2.1.5.4 Involuntary Deductions ......................................................... 2 2.1.6 Invalidated Fees .................................................................................. 2 2.1.7 Hold Harmless .................................................................................... 2 2.1.8 Deduction Forms ................................................................................ 2 2.2 Communication with Employees .................................................................. 3 2.3 Advance Notice ............................................................................................. 3 2.4 Copies of Memorandum of Understanding ................................................... 3 Management Rights ................................................................................................. 3 No Discrimination ................................................................................................... 3 Union Stewards and Official Representatives ......................................................... 4 5.1 Union Stewards ............................................................................................. 4 5.2 Permission to Leave Workstations ................................................................ 4 5.3 Abuse of this Article .............................................................................. . ...... 4 5.4 Representation for Disciplinary Action ......................................................... 4 5.5 Union Representatives ................................................................................... 4 5.6 Access to Personnel Files .............................................................................. 4 Salaries and Other Compensation ........................................................................... 5 6.1 Wage Rates .................................................................................................... 5 6.1.1 Calendar Year 2003 Increases ............................................................ 5 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page ii 6.1.2 Calendar Year 2004 Increases ............................................................ 5 6.1.3 Calendar Year 2005 Increases ............................................................ 5 6.1.4 Calendar Year 2006 Increases ............................................................ 5 6.1.5 Calendar Year 2007 Increases ............................................................ 5 6.2 Apprentice Wage Rates ................................................................................. 5 6.3 Lead Operator Assignment ............................................................................ 5 6.3.1 Wage Rates ......................................................................................... 5 6.3.1.1 Compensation ..................................................................... :... 5 6.3.1.2 Increased Incentive Rates ........................................................ 5 6.3.2 Plant Classifications ............................................................................ 5 6.4 Premium Pay for Grade Certification ............................................................ 6 6.4.1 Grade 111 Certification ......................................................................... 6 6.4.2 Grade IV Certification ........................................................................ 6 6.4.3 Plant Classifications ............................................................................ 6 6.4.3.1 Grade Certifications .............................................................. 6 6.4.3.1.1 Mechanical and Electrical Classifications ............ 6 6.2.3.1.2 Mechanical and Electrical Classifications ............ 6 6.4.4 Lead and Senior Classifications .......................................................... 6 6.4.5 Chemist Classifications ...................................................................... 7 6.4.5.1 Grade 111 Certifications .......................................................... 7 6.5 Longevity Pay Plan ........................................................................................ 7 6.5.1 Fifteen Years of Service ..................................................................... 7 6.5.2 Twenty Years of Service ..................................................................... 7 6.6 Shift Differential ........................................................................................... 7 6.7 Like Work for Like Pay (Temporary Upgrading) ......................................... 7 6.8 Temporary Assignment to Higher-level Position .......................................... 7 6.9 Salary Plan Administration, Advancement within Salary Rates ................... 7 6.10 Revisions to Salary Schedule ........................................................................ 7 6.10.1 Salary Plan Administration and Salary Step After Promotion .......... 8 6.10.2 Salary Plan Administration and Salary Step After Demotion ........... 8 6.11 Salary Plan and Payperiods ........................................................................... 8 6.12 Certification Reimbursement ........................................................................ 8 6.12.1 Mandatory Certification .................................................................... 8 6.12.2 Voluntary Certification ...................................................................... 8 Health and Welfare Plans ........................................................................................ 8 7.1 Medical Insurance ......................................................................................... 8 7.1.1 Available Plans ................................................................................... 8 7.1.1.1 ............................................................................................... 8 7.1.1.2 ............................................................................................... 8 7.1.2 Payment of Premium Costs ................................................................. 9 Page iii City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding ',~, ," i'~-~ " " ~ ~ ,' ; . ~' '~' 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'. ..... . .... , ..... :,?,,, ,, ..... ,~a c 7.1.2.1 Maximum Rate ...................................................................... 9 7.1.3 Effective Date of Coverage ................................................................. 9 7.2 Dental hsurance ............................................................................................ 9 7.2.1 Av~lable Plan ..................................................................................... 9 7.2.2 Changes in Plan .................................................................................. 9 7.2.30Ahodontia ......................................................................................... 9 7.2.4 Payment of Pre~um Costs ................................................................. 9 7.2.5 Effective Date of Coverage ................................................................. 9 7.3 Vision hsur~ce ............................................................................................ 9 7.3.1 Av~lable Plan ..................................................................................... 9 7.3.2 Pa~ent of Pre, urn Costs ................................................................. 9 7.3.3 Eff~tive Date of Coverage ................................................................. 9 7.4 Discretion~ Benefit Option ........................................................................ 10 7.4.1 Proof of Alternate ~surance ............................................................... 10 7.4.2 Me,od of Computation ...................................................................... 10 7.4.3 Exercising the Option ......................................................................... 10 7.5 Life hs~ce ~d Accidental Death and Dismembe~ent hsur~ce .......... 10 7.5.1 Te~Life V~ue .................................................................................. 10 7.5.2 ~&D Value ...................................................................................... 10 7.5.3 Payment of Pre, urn Costs ................................................................. 10 7.5.4 Effective Date of Coverage ................................................................. 10 7.6 Disability ~surance Proem ........................................................................ 10 7.6,1 ShoA-tem Disability .......................................................................... 10 7.6.2 ~ng-tem Disability ........................................................................... 11 7.6.3 Pa~ent of Premum Costs ............................................. , ................... 11 7.6.4 Effective Date of Coverage ................................................................. 11 7.7 Education Expense Reimbursement Proem ............................................... 11 7.7.1 Continuing ~ucation Expenses ......................................................... 11 7.8 Section 125 PI~ ............................................................................................ 11 7.8.1 He~th C~e Reimbursement ............................................................... 11 7.8.2 Dependent C~e Reimbursement ........................................................ 11 7.9 Section 457 Deleted Compensation Plan .................................................... 11 7.10 Deceased Employee Benefits ........................................................................ 11 7.11 Retired Employee Benefits ............................................................................ 11 7.11.1 MeScal ~surance for Employees Who Retire ................................ 12 7.11.2 Dent~ ~sur~ce for Employees ~o Rede .................................. 12 ?. 11.3 Vision ~sura~ce for Employees ~o Retire .................................. 12 7.12 Retirement Plans ........................................................................................... 12 7.12.1 Employee Con~butions to the Retirement System ......................... 12 7.12.2 Sick ~ave Se~ice Cre~t ................................................................ 12 iii City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page iv o 7.12.3 Optional Provisions Added .............................................................. 12 7.12.4 New Provisions Added .................................................................... 12 7.12.4.1 Other Potential Enhancement Providers ......................... 13 7.12.4.2 Employee Costs ............................................................... 13 7.12.4.3 Compensation Costs ........................................................ 13 Hours of Work and Overtime .................................................................................. 13 8.1 Definitions ..................................................................................................... 13 8.1.1 Continuous Operations ....................................................................... 13 8.1.2 Non-continuous Operations ................................................................ 13 8.2 Workday ........................................................................................................ 13 8.2.1 Eight-hour Schedule ........................................................................... 13 8.2.2 Twelve-hour Schedule ........................................................................ 13 8.3 Rest Periods ................................................................................................... 13 8.4 Workweek Schedules .................................................................................... 13 8.4.1 Non-continuous Operations Eight-hour Schedule .............................. 13 8.4.2 Non-continuous Operations 9/80 Schedule ........................................ 13 8.4.3 Continuous Operations Twelve-hour Schedule .................................. 14 8.5 Work Schedule .............................................................................................. 14 8.6 Changes in Work Hours/Schedules ............................................................... 14 8.7 Overtime ........................................................................................................ 14 8.8 Scheduled Overtime ...................................................................................... 14 8.9 Compensatory Time ...................................................................................... 14 8.9.1 Maximum Compensatory Time ........................................................ 14 8.9.2 Compensatory Time Accrual ............................................................. 14 8.9.3 Payoff of Compensatory Time .......................................................... 14 8.10 Call Back Compensation ............................................................................... 14 8.10.1 Workday Call-back ............................................................................ 15 8.10.2 Non-workday Call-back .................................................................... 15 Holidays ................................................................................................................... 15 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 Observed Holidays ........................................................................................ 15 Half-day Holidays ......................................................................................... 15 Discretionary Holiday ................................................................................... 15 "E" Time in Lieu of Holiday Pay .................................................................. 15 Work Performed on a Holiday ...................................................................... 15 Holiday Pay for Non-continuous Operations ................................................ 15 Holiday Pay for Continuous Operations ........................................................ 16 Absent on Holidays ....................................................................................... 16 Actual Holiday Staffing ................................................................................. 16 Holidays on a Weekend ................................................................................. 16 Holiday Start Time ........................................................................................ 16 iv Page v City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 'Art : ~}~,1 :.:: .~ .¢ '~;. '? ~: ........ "'"~ ' ' ~ ' lcle:: e.';: i: ~ " :':.~. .;:'" ," .; .,~:."".: .... ;...' ."..:...: .'~..'...' ~: age 10. Vacation Leave ........................................................................................................ 16 10.1 Vacation Leave .............................................................................................. 16 10.2 Deferral .......................................................................................................... 16 10.3 Scheduling ..................................................................................................... 17 10.4 Pay Upon Separation from City Service ....................................................... 17 11. Other Leaves ............................................................................................................ 17 11.1 Sick Leave ..................................................................................................... 17 11,1.1 Determination .................................................................................... 17 11.1.2 Amount of Sick Leave ....................................................................... 17 11.1.3 Sick Leave Request ........................................................................... 17 11.1.4 Approval of Sick Leave Request ....................................................... 17 11.1.4.1 Notification ......................................................................... 17 11.1.4.2 Verification of Injury or lllness .......................................... 17 11.1.4.2.1 Usual Verification ............................................ 17 11.1.4.2.2 Doctor's Verification ........................................ 18 11.2 Payment of Unused Accumulated Sick Leave Accrued ................................ 18 11.3 Sick Leave Management Policy .................................................................... 18 11.4 Industrial Injury or Illness Leave .................................................................... 18 11.5 Disability Insurance Program ........................................................................ 19 11.5.1 Application for Benefits .................................................................... 19 11.5.2 City Determination ............................................................................ 19 11.6 11.5.2.1 11.5.2.2 11.5.2.3 11.5.2.4 11.5.2.5 11.5.2.6 11.5.2.7 Determination of Employee Disability ............................. 19 Medical Prognosis ............................................................ 19 Permanent and Stationary Determination ......................... 19 Temporary Determination ................................................. 19 Permanent and Stationary Determination During Leave of Absence ........................................................................ 20 Accrued Vacation Payment ............................................... 20 Insurance Premium Payment ............................................ 20 Light-duty Program ....................................................................................... 20 11.6.1 Coverage .......................................................................................... 20 11.6.2 Determination Required Reports ..................................................... 20 11.6.2.1 Assignments ...................................................................... 20 11.6.2.2 Medical Updates ............................................................... 20 11.6.3 Light-duty Assignment, Definitions and Restrictions ..................... 21 11.6.4 Holidays/Vacations During Light-duty Assignments ......................21 11.6.4.1 Holidays Observed ............................................................ 21 11.6.4.2 Vacations .......................................................................... 21 11.6.5 Return to Full Duty .......................................................................... 21 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page vi . ~ : . ~ ..,: < ',' ~,:, .... ,.. ~ .,...,~ ,: .' ,.:.(, .,:,,.~...,,? 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".; :: ,,....> ...... , , .. .?:~',.: ,~., :, .~. ::.::',,..:...:...:..7..:' :??.:: ,:..? . ...~ <,...~ ~.,,..:.. . . , '..: .: ~, :..:,:,~,,':,,~,,' ": · ' . .'.'~:~"~'.".~:<,-'. :,.;::'.;::;: ,;,'?, '*',c. ::. ,:,:./,~:','.., ',':'~ ( ~'~ ; 7:, .' · .'. , · ', , ,:.., ' :, , ,,., ' . :': ':':il ~'~ ~.~, 11.7 Sick Leave As Family Care ........................................................................... 22 11.7.1 Definition of Family Member for Sick Leave as Family Leave Purposes ........................................................................................... 22 11.7.2 Leave Amount .................................................................................. 22 11.7.3 Concurrent Use of Leave ................................................................. 22 11.7.4 Notification Procedures ................................................................... 22 11.8 Bereavement Leave ....................................................................................... 22 11.8.1 Within California ............................................................................. 22 11.8.2 Outside of California ....................................................................... 22 11.8.3 Definition of Immediate Family for Bereavement Leave Purposes. 22 11.9 Leaves of Absence ....................................................................................... :. 22 11.9.1 Expiration of Leave of Absence ..................................................... 22 11.9.2 Failing to Return from Leave ......................................................... 23 11.10 Pregnancy-related Disability Leave ............................................................... 23 11.10.1 Temporary Transfer .................. : ..................................................... 23 11.10.2 Physical Examination ..................................................................... 23 11.10.3 Leave Utilization ............................................................................ 23 11.10.4 Returning from Leave ................................................................. ....23 11.11 Paternity Leave .............................................................................................. 23 11.12 Military Leave ............................................................................................... 24 11.13 Jury Duty ....................................................................................................... 24 12. Automatic Progression ............................................................................................ 24 12.1 Plant Operators .............................................................................................. 24 12.1.1 Treatment Plant Operator I to II ........................................................ 24 12.1.2 Certification a Condition of Continued Employment ....................... 24 12.1.2.1 Grade II Operators .............................................................. 24 12.1.2.2 Grade 11I Operators ............................................................. 24 12.1.2.3 Maintenance of Required Certification .............................. 24 12.1.2.4 New Plant Operators Hired After 1/1/03 ............................ 24 12.2 Mechanic and Electrical Staff ....................................................................... 25 13. Apprenticeship ......................................................................................................... 25 14. Personnel Practices .................................................................................................. 25 14.1 Probationary Periods ..................................................................................... 25 14.1.1 Duration ............................................................................................. 25 14.1.2 Rejection ............................................................................................ 25 14.1.3 Promotional Probation ...................................................................... 26 14.1.4 Probation after Transfer ..................................................................... 26 14.1.5 Probation after Return from Layoff ................................................... 26 14.2 Transfer ......................................................................................................... 26 14.3 Promotion ...................................................................................................... 26 vi Page vii City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding ',:'. ;' < ', 7'.: "..',.. 32177~,.~,:':. ":,::",%h~":~2,;,'~.~; q '. ','~ 'e~",,~'.,,' ,~ ",'""- ,i.: · ' . ;~ ":.. 2, ". '.',..,:.,:,' .;' ,~.~,'~,d'~' ,2v~'.:' ',~, .:~ . i~ 27. ~ 14.4 Employment Lists .......................................................................................... 26 14.5 Removal of Names from Employment Lists ................................................. 26 14.6 Time Off for Examinations ........................................................................... 27 14.7 Resignation and Reinstatement .................................................................... 27 14.7.1 Resignation ........................................................................................ 27 14.7.2 Reinstatement .................................................................................... 27 15. Reduction-in-Force, Layoffs, and Re-employment ................................................. 27 15.1 Council Determination .................................................................................. 27 15.2 Seniority ........................................................................................................ 27 15.3 Order of Layoff .............................................................................................. 27 15.4 Identical City Service Seniority ..................................................................... 28 15.5 Layoff Notification ........................................................................................ 28 15.6 Reassignment in Lieu of Layoff .................................................................... 28 15.6.1 Vacant Positions in City .................................................................... 28 15.6.2 Former Classification ........................................................................ 28 15.6.3 Displacement ..................................................................................... 28 15.6.4 Step Classification ............................................................................. 28 15.6.5 Employee Requests ........................................................................... 28 15.7 Layoffs ........................................................................................................... 28 15.7.1 Exercising Rights ................................................................................ 28 15.7.2Accrued Leaves ................................................................................... 28 15.8 Layoff Re-employment and Reinstatement Lists .......................................... 29 15.8.1 Reduction in Force Reclassification or Demotion .............................. 29 15.8.2Reduction in Force Re-employment List ............................................ 29 15.8.3Duration and Removal from Reinstatement or Re-employment Lists ..................................................................................................... 29 15.8.4Probationary Rehires ........................................................................... 29 16. Recreational Facilities and Classes ......................................................................... 29 16.1 Admission to Classes .................................................................................... 29 16.2 Use of Facilities ............................................................................................. 29 17. Safety ....................................................................................................................... 30 17.1 Observance of Safety Rules and Regulations ................................................ 30 17.2 Safety Program .............................................................................................. 30 17.3 Safety Equipment .......................................................................................... 30 18. Discipline ................................................................................................................. 30 18.1 Action by City ............................................................................................... 30 18.2 Notice of Disciplinary Action ....................................................................... 30 18.2.1 Notice ................................................................................................ 30 18.2.2 Appeal Rights .................................................................................... 31 18.2.3 Probationary Discharge ..................................................................... 31 vii City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page viii ~ , ,,, ,, ,~ ~i.,.¥, ;~ .. ..~ , ..~ , .. , : , ~ 21, "~" .~' ,. ,,,~ ~;" , . ' ',, '.,,,.' ~ '- ,,"~ ~ ..... ~.' ,~. " ' ~ ', ' , ' .~,. h'.'C' '~ "~ ;il ~ .... ~ ..... 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'[':' ';'' ;:;',c .' . :" :'.".'.~',.:. , ',~: ;"~, 19. ~ev~ce Proced~e ................................................................................................ 31 19.1 Deflation of~ev~ce ................................................................................. 31 19.2 Time for Filing .............................................................................................. 31 19.3 hfo~al Discussion with Employee's Supe~isor- Step 1 .......................... 31 19.4 Fo~ Written ~evance - Step 2 ............................................................... 31 19.5 ~ev~ce to Dep~ment Head - Step 3 ....................................................... 32 19.6 Wryer of Supe~iso~ Review ..................................................................... 32 19.7 hfo~ Review by City M~ager - Step 4 .................................................. 32 19.8 ~bi~a~on of ~evance - Step 5 ................................................................. 32 19.9 Selection of ~bitrator ................................................................................... 32 19.10 Duty of ~bi~ator .......................................................................................... 32 19.11 Power of the ~bi~ator ................................................................................. 32 19.12 Pa~ent of Costs ........................................................................................... 32 19.13 Effect of F~l~e of Timely Action ................................................................ 33 19.14 Non-union Representation ............................................................................. 33 20. Past Practices ~d Existing Memoranda of Underst~ng ..................................... 33 20.1 Worhng Con~tions ...................................................................................... 33 20.2 Prior A~eements ........................................................................................... 33 20.3 Changes ......................................................................................................... 33 21. Employees Covered ................................................................................................. 33 22. Severability .............................................................................................................. 33 23. Tern of the Memor~dum of Understan~ng .......................................................... 33 24. Si~atmes ................................................................................................................ 34 Appen~x A Operating Engineers, ~c~ 39 Classifications ................................... 35 Appen~x B S~ Adjus~ents ............................................................................. 36 Appen~x C Ce~ification Pre, urns ....................................................................... 37 Appen~x D Side ~tter-Con~acting Out Work ...................................................... 38 Appen~x E Staff Report ......................................................................................... 39 F:~F'fle Cabinet~F_~ERelatio~\Op Eng~,iOlj'~03-08 OE MOU.doc viii Memorandum of Understanding Between the City of South San Francisco and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as "City" and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO, hereafter designated as "Union" as a mutual agreement for those wages, hours, and conditions of employment in effect during the period of January 1, 2003 through December 31, 2007. Article 1. Recognition International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO is recognized as the majority representative, as provided in City's Resolution 135-79 adopted 12/4/79, for all full-time regular employees in the classifications assigned to Unit D as identified in Appendix A of this Agreement. Article 2. Union Security 2.1 Agency Shop--A probationary or permanent employee who is employed in a classification covered by this Agreement shall, as a condition of employment, be governed by the following agency shop provision: 2.1.1 New Employees--Probationary or permanent employees hired into a classification covered by this Agreement, shall authorize, within 30-calendar days from the date of hire, one of the following payroll deductions: 2.1.1.1 Union dues. 2.1.1.2 Agency fee equal to 94% of the union dues. 2.1.1.3 Charitable contribution to equal agency fee. The charity shall be one of the two mutually agreed upon below listed charities that meet IRS 501(c)3 taxation exemption requirements: · United Way of the Bay Area. · Combined Health Agencies (CHA). 2.1.2 Notification of New Employees--The City agrees to make a good fa/th effort to advise the Union within 10 business days of a new hire. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 Changing Deductions--An employee who opts for union dues shall not be permitted to change or terminate such deduction. At any time with proper authorization, an employee who opts for an agency fee deduction shall be permitted to change to union dues but is not permitted to change to a charity. An employee who opts for a charity shall be permitted to change to an agency fee or union dues deduction. Deductions During Absences--No employee covered by this provision shall be required to pay any dues, fees, or charitable contributions during an unpaid leave of 30 days' duration or longer if the employee is on a leave due to the exhaustion of all paid leaves for which the employee is eligible. Failing to Follow this Article--The following steps shall be followed in order to enforce this provision for employees who fail to comply with the requirements of this article. 2.1.5.1 City Notification--The Union shall notify the City in writing of the name of the employee who has failed to comply. This letter will make a demand upon the City to enforce this provision to collect amounts due commencing with the receipt date of the Union letter, but not for any amounts covering the time preceding the Union demand letter. 2.1.5.2 City Obligation--Within 5 business days of receiving notification from the Union, the City shall in writing, advise the employee of the requirements of this article and that the employee has 5~business days in which to comply. 2.1.5.3 Re-notifying Employee--ff the employee does not respond in writing after 5-business days of the notification, the City must again notify the employee in writing that if the employee does not voluntarily comply with this article the agency fee will be automatically deducted from the employee's paycheck. 2.1.5.4 Involuntary Deductions--If, within 5-business days the employee does not comply, the involuntary deduction of the agency fee shall commence retroactive to the receipt date of the Union demand letter. Invalidated Fees--If this article is held to be invalid under state or federal law, then all of this article shall be null and void and subject to re-negotiation. The Severability article is this Agreement shall govern all other provisions of this article. Hold Harmless--The Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs of expenses including all attorney fees and costs Of the defense in actions against the City, its officials, employees, or agents arising out of the City's compliance with this article. Deduction Forms--Sign-up forms for union dues and agency fees shall be provided by the Union and approved by the City. Page 3 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 2.2 2.3 2.4 Communication with Employees--The Union shall be provided reasonable space on bulletin boards at each work site for posting notices concerning official union business. All such notices must receive prior approval from the department or division head before posting. Advance Notice--Except as provided below, the Union shall be given reasonable advance written notice, if affected, of any ordinance, resolution, rule, or regulation proposed to b¢ adopted by the City directly relating to matters within the scope of representation. The Union shall be given the opportunity to meet and consult with appropriate management representatives prior to the adoption. Proper advance notice shall consist of written notice to the designated business agent. If public safety, public welfare, or an emergency arises that requires any of the above actions to be taken by the City without notice to the Union, the City may take the action while concurrently giving notice that affords the Union a reasonable time in which to meet with management representatives. Copies of Memorandum of Understanding--The City and the Union shall share the cost of printing sufficient copies of the Agreement for all current bargaining unit employees, new bargaining unit employees, and management employees. Article 3. Management Rights To ensure that the City is able to carry out its constitutional and statutory functions and responsibilities, nothing contained herein shall be construed to require the City to meet and confer on matters that are solely a function of management. This is including but not limited to the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classifications; to hire, transfer, promote, suspend, discipline, and discharge employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to layoff employees for lack of work; to expand or diminish services; to subcontract any work or operations; to determine and change methods of operations; to determine and change work locations, the processes, and the materials to be employed; and to take all necessary actions to perform its functions in emergencies. Article 4. No Discrimination There shall be no discrimination because of legitimate union activities as defined by Meyers- Milias-Brown Act, against any employee by the Union, by the City, or by anyone employed by the City. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 4 A~o~ 5. Union Stewards and Official Representatives 5.1 Union Stewards~The Union shall be entitled to a reasonable number of stewards who shall restrict their activities to the processing of grievances and shall be allowed a reasonable amount of time for this purpose. The Union shall notify the Personnel officer in writing of the names of the stewards. 5.2 Permission to Leave Workstations~Stewards shall obtain permission from their supervisor before leaving their workstations to assist a grievant and shall report back to their supervisor before returning to their workstations. This provision shall not be used to prevent the Stewards from performing their duties or obligations set forth in this article, provided however, that the use of time for this purpose shall be reasonable and shall not interfere with the requirements of the City's services, as determined by the City. 5.3 Abuse of this Article--In the event the City determines that Stewards are abusing the provisions of this article, the Union agrees to meet with the City, immediately, to investigate the City's complaint and to ensure full compliance by Stewards with the provisions of this subsection. 5.4 Representation for Disciplinary Action--Whenever an employee is required to meet with a supervisor or management official and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the employee shall be entitled to have a steward and/or Union representative present upon request. In the event the employee desires the presence of a Union representative, the City will contact the representative and arrange a mutually acceptable time and day to hold the meeting. Except in instances where immediate disciplinary action is necessary, once scheduled, the City shall consider reasonable requests to move the meeting date forward by up to 5- working days for the convenience of the Union representative. 5.5 Union Representatives--The Union shall provide the City with a written list of not more than 2 individuals who are their authorized representatives and any changes thereto. An authorized representative of the Union shall be allowed to visit the work location for the purpose of ascertaining whether this Agreement is being observed. This fight shall be exercised reasonably. An authorized representative of the Union shall report to the department and/or division head before proceeding to the work location. The representative shall not interfere with the normal conduct of work. Activities, such as the soliciting membership, collecting dues, holding membership meetings, campaigning for office, conducting elections, and distributing literature are strictly prohibited during working hours without prior approval of the appointing authority. 5.6 Access to Personnel Files~An employee or, on presentation of Written authorization from the employee, the employee's representative, shall have access to the employee's personnel file UPon request, in accordance with applicable law. Page 5 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Article 6. Salaries and Other Compensation 6.1 Wage Rates--Wage rates for each step in the salary schedule shall be increased in the first payperiod including 1/1 of each calendar year of the Agreement. A total compensation salary survey will be conducted on or about 12/1 of each year of the Agreement using the City's standard compensation methodology and agencies, including retirement costs. Appendix B lists all classifications and any of those that are benchmarked. Effective the entire payperiod including 1/1, the base rate of pay for all employees shall be adjusted to the 60th percentile or median, whichever is greater of the survey cities for each classification using the City's standard survey agencies and methodology for a total compensation and salary survey for each benchmarked classification. 6.1.1 Calendar Year 2003 Increase--Effective the entire payperiod including 1/1/03, the base rate of pay for all employees shall be adjusted. 6.1.2 Calendar Year 2004 Increase~Effecfive the entire payperiod including 1/1/04, the base rate of pay for all employees shall be adjusted. The total compensation and salary survey will be conducted for the benchmarked classifications on or near 12/1/03. 6.1.3 Calendar Year 2005 Increase~Effecfive the entire payperiod including 1/1/05, the base rate of pay for all employees shall be adjusted. The total compensation and salary survey will be conducted for the benchmarked classifications on or near 12/1/04. 6.1.4 Calendar Year 2006 Increase~Effective the entire payperiod including 1/1/06, the base rate of pay for all employees shall be adjusted. The total compensation and salary survey will be conducted for the benchmarked classifications on or near 12/1/05. 6.1.5 Calendar Year 2007 Increase~EffectJve the entire payperiod including 1/1/07, the base rate of pay for all employees shall be adjusted. The total compensation and salary survey will be conducted for the benchmarked classifications. 6.2 Apprentice Wage Rates~Apprentice Operators shall be paid not less than the wage schedule identified in Appendix B of this Agreement. 6.3 Lead Operator Assignment--Beginrfing 1/1/03, the City shall establish a lead operator assigmnent. Employees selected for these assignments will serve approximately 2-year terms, but may serve less than the 2-year terms as determined by management. Employees may also be reappointed to subsequent 2-year terms, as determined by management. 6.3.1 Wage Rates--Wage rates established by this agreement are applicable for all hours in a paid status. 6.3.1.1 Compensation--Effective 1/1/03, the lead operator assignment shall be 7.5% above the base rate of the Plant Operator II salary schedule. 6.3.1.2 Increased Incentive Rates~Effective 1/1/04, the lead operator assignment shall be 10% above the base rate of the Plant Operator 11 salary schedule. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 6 6.4 Premium Pay for Grade Certification-- 6.4.1 Grade III Certification--An employee in the Operator 11 classification who possesses a valid Grade 111 Wastewater Treatment Plant Operator certificate shall be compensated at a rate 5.0% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.4.2 Grade IV Certification--An employee in the Operator II classification who possesses a valid Grade IV Wastewater Treatment Plant Operator certificate shall be compensated at a rate 7.5% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.4.3 Plant Classifications--Employees in the following classifications may qualify for premium pay for the certifications specified below. See Appendix C of this Agreement. 6.4.3.1 Grade Certification--Those classifications who possess a valid Grade I California Water Environment Association certificate prior to 12/31/99 will continue to receive the premium pay as identified below. 6.4.3.1.1 Mechanical and Electrical Classifications--An employee in the classification of Plant Electrician 11, Plant Electrician I, Plant Mechanic I, or Plant Mechanic II, who possesses a valid Califomia Water Environment Association Grade I Certification in Electrical, Instrumentation, or Mechanical Technology prior to 12/31/99 shall be compensated at a rate 2% higher than the rate for which the employee qualifies pursuant to the salary schedule. 6.4.3.1.2 Mechanical and Electrical Classifications--Those classifications of Plant Electrician II, Plant Electrician I, Plant Mechanic II, A Plant Mechanic I, and Environmental Compliance Inspector who possess a valid California Water Environment Association job-related Grade 1I certification shall be compensated at 4% higher than the rate for which the employee qualifies pursuant to the salary schedule. Not withstanding the provisions of this section, those employees in the listed classifications receiving certification incentive pay of 5% prior to 12/31/99 will continue to receive 5% incentive pay so long as they remain in that classification or another classification where the certification incentive is directly job related. 6.4.4 Lead and Senior Classifications--Those classifications in a lead position who possesses a valid California Water Environment Association job-related Grade Ill Certficafion shall be compensated at 4.0% higher than the rate for which the employee qualifies pursuant to the salary schedule. See Appendix C of this Agreement. Page 7 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 6.5 6.6 6.7 6.8 6.9 6.10 6.4.5 Chemist Classifications-- 6.4.5.1 Grade III Certification--An employee in the classification of Laboratory Chemist who possesses a valid California Water Environment Association Laboratory Technician Grade llI certificate shall be compensated at a rate 4.0% higher than the rate for which the employee qualifies pursuant to the salary schedule. Longevity Pay Plan--Permanent full-time employees shall be eligible for longevity pay in accordance with the following schedule: 6.5.1 Fifteen Years of Service--After 15-full years of regular service, 1.5% will be added to the employee's actual hourly rate of pay. 6.5.2 Twenty Years of Service--After 20-full years of regular service, in addition to above, another 1.0% of pay will be added to the employee's actual hourly rate of pay. Shift Differential--Employees assigned to work the night shift on a non-overtime basis (6:00 p.m. to 6:00 a.m.) shall receive an additional 6% of pay for those hours actually worked during that period. Shift differential compensation is not paid to employees working in an overtime capacity nor is it paid during approved leaves (i.e., sick, vacation, injury, paid family care, family medical leave, etc.). Like-Work for Like-Pay (Temporary Upgrading)---An employee assigned by the City to the duties of a first-line supervisor or above shall be paid the salary of the position commencing with the first day of the assignment. First-line supervisory employees and above, assigned to higher classification duties shall not be paid the salary of the higher classification unless the employee serves in that capacity for 30-consecutive calendar days or more. If this occurs, the employee shall receive the pay of the higher classification commencing with the first day of the 30-day service in the higher classification. Temporary Assignment to Higher-level Classification--Except for first-line supervisory classifications and above that are governed by the provisions of Like Work for Like Pay as outlined above, an employee who is assigned and performs the duties of a higher classification for a period of 3 or more hours, shall receive additional compensation for each hour so assigned at the rate of pay for which the employee would qualify had the employee been promoted to the higher-level classification. Salary Plan Administration and Advancement Within Salary Rates--Employees appointed at the first step of the salary range shall be eligible for advancement to the second step of the specific salary range 6 months after original appointment, provided that the employee's performance merits the increase. Advancement. to the remaining steps may be made after 1 year of satisfactory service at each successive salary step, provided that the employee's performance merits the increase. Revisions to the Salary Schedule--Changes in an employee's salary because of promotion or demotion may set a revised salary date for that employee. Whenever the salary schedule for a classification is revised, each incumbent in a position to which the City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 8 6.11 6.12 revised schedule applies, shall be paid at the same step in the revised rates as the step at which the employee was paid in the previous rate. 6.10.1 Salary Plan Administration and Salary Step After Promotion--When employees are promoted, they shall receive not less than the equivalent of a one-step, 5% salary increase. 6.10.2 Salary Plan Administration and Salary Step After Demotion--When an employee has a voluntary or involuntary demotion, the employee's compensation shall be adjusted to the salary for the classification to which the employee is demoted. Unless otherwise provided, the appointing authority shall determine the specific rate of pay. However, an employee demoted as a result of an abolished position shall be placed at the step in the lower classification that most closely approximates, but does not exceed, the employee's salary in the higher classification. If an employee takes a voluntary demotion to a classification previously held from a classification within the same series, the employee shall be placed at a step commensurate with length of service in both classifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification the employee last held. The service time at such step shall be the same as the service time held previously at such step. Salary Plan and Payperiods--Employees shall be paid biweekly, unless mutually agreed to by the City and the Union. Certification Reimbursement-- 6.12.1 Mandatory Certification--The City will reimburse employees for all fees associated with the successful completion of any certifications that are required as a condition of employment. 6.12.2 Voluntary Certification--The City will reimburse employees for all reasonable fees associated with the maintenance of elective professional certifications deemed to be pertinent to the employee's classification by plant management. A~ticle 7. Health and Welfare Plans All full-time regular employees shall be eligible to receive insurance benefits, subject to the terms and conditions of the City's contracts with health insurance providers, as follows: 7.1 Medical Insurance-- 7.1.1 Available Plans--Eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the available medical plans the City has with the carders, subject to the terms and conditions of the City's contract with the providers: 7.1.1.1 Kaiser Permanente Foundation Health Plan. 7.1.1.2 Blue Shield of California. Page 9 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 7.2 7.3 7.1.2 7.1.3 Dental 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 Vision 7.3.1 7.3.2 7.3.3 Payment of Premium Costs--The City shall pay the premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. 7.1.2.1 Maximum Rate The maximum City contribution to the employee's medical premium shall be a rate equivalent to the HMO plan that is the highest composite rate in effect during the term of this Agreement with employees enrolled in more expensive plans paying the difference between the highest composite HMO rate and the other premium rates. Effective Date of Coverage--The effective date of medical insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City, and dependent coverage shall terminate on the date prescribed by each medical insurance provider's contract. Insurance-- Available Plan--Eligible employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City's contract with the provider. Changes in Plan--Effective 7/1/00, the annual benefit shall increase to $1,500. Orthodontia--The lifetime orthodontia coverage is $1,000 for eligible participants. Payment of Premium Costs--The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. Effective Date of Coverage--Coverage is effective on the first day of the month following completion of 6-full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City, and dependent coverage shall terminate on the date prescribed by the provider's contract. Insurance-- Available Plan--Eligible employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City's contract with the provider. Payment of Premium Costs--The City shall pay the premium costs fOr eligible employees and their dependents to the insurance provider. Effective Date of Coverage--Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 10 7.4 7.5 7.6 Discretionary Benefit Option--An employee may elect to receive deferred compensation monies in lieu of medical, dental, and vision benefits through the City. 7.4.1 Proof of Alternate Insurance--The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 7.4.2 Method of Computation--The City shall utilize a weighted average for determining the cost of such benefit. The City shall determine the total premium dollars for employees who are members of each of the City's medical plans, and then divide it by the number of members to get the average medical cost. The dental and vision composite rates will be added to the average medical cost. Eighty percent of this total will be the amount deposited in the employee's deferred compensation account in lieu of the paid medical, dental, and vision benefits. 7.4.3 Exercising the Option--Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee can demonstrate to the City's satisfaction a bona-fide need. Life Insurance and Accidental Death and Dismemberment Insurance-- 7.5.1 Term Life Value--Subject to the terms and conditions of the City's contract with the provider, the Term Life Insurance for employees has a face value equal to 1.5 times the employee's annual base earnings. 7.5.2 AD&D Value--Subject to the terms and conditions of the City's contract with the provider, Accidental Death and Dismemberment Insurance available for employees is in an amount equal to 1.5 times the employee's annual base earnings. 7.5.3 Payment of Premium Costs--The City shall pay the premium costs for eligible employees to the insurance provider. 7.5.4 Effective Date of Coverage--Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. Disability Insurance Program--Subject to the terms and conditions of the City's contract with the provider, full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 7.6.1 Short-term Disability--After a 20-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance career, up to a maximum monthly amount, until LTD benefits begins. 10 Page 11 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 7.7 7.8 7.9 7.10 7.11 7.6.2 Long-term Disability--After a 90-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, 7.6.3 Payment of Premium Costs--The City shall pay the premium costs for medical, dental, vision, and life insurance for eligible employees to the insurance providers. 7.6.4 Effective Date of Coverage--Coverage is effective the first day of the calendar month following the date of hire. Coverage ends on the date employment terminates. Education Expense Reimbursement Program--All employees are eligible to participate in this program. With approval by the department head, an employee who takes a course at an accredited educational institution shall be eligible to receive reimbursement of 50%, for the costs of tuition, fees, and course materials, not to exceed $500 per fiscal year. 7.7.1 Continuing Education Expenses--The City will provide such training and continued education as is necessary to meet the certification renewal requirements for all job-related employee certifications. Such expenses shall be paid by the City or reimbursed to the employee, who has provided appropriate acceptable documentation. Section 125 Plan--Based on the terms and conditions of the City's plan, each employee may participate in the IRS-defined section 125 plan. 7.8.1 Health Care Reimbursement--This program is available for out-of-pocket unreimbursed health care expenses as allowed under the Plan. 7.8.2 Dependent Care Reimbursement--This program is available for out-of-pocket unreimbursed dependent care expenses as allowed under the Plan. Section 457 Deferred Compensation Plan--Employees are eligible, subject to the terms and conditions thereof, to participate in the Deferred Compensation Plans available to City employees. Deceased Employee Benefits--The City will allow the spouse of a deceased employee/retiree and existing covered dependents to continue to purchase health insurance from a City-provided medical, dental, or vision plan at the City's premium rate, provided: · There is no cost to the City. · The health provider does not require a City contribution. · The City is held harmless if the coverage is discontinued. Retired Employee Benefits--An employee who retires on a service or disability retirement from the City shall be provided the opportunity to continue health benefits based on the following conditions. To be eligible for these benefits the employee must be receiving a PERS retirement check, have actually retired from City service, be at least age 65, and must have been employed by the City for 10 years. If an employee retires under the age of 65, the employee must have, in addition to the 10 years of service, accumulated one additional year for each year under age 65. 11 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 12 7.12 7.11.1 Medical Insurance for Employees Who Retire~ity will provide to retired employees the same or as near equal medical coverage as possible as the employee was receiving prior to retirement for the rest of the retiree' s life. This is an employee-only benefit. An employee who retires from the City shall be provided the opportunity to continue medical insurance for their eligible dependents, who are already under the City's group plan, by paying for the premium payments through the City. The employee will be completely responsible for these payments and for continuing the insurance coverage. 7.11.2 Dental Insurance for Employees Who Retire--An employee who retires from the City shall be provided the opportunity to continue dental insurance for themselves and eligible dependents under the City's group plan by paying for the premium payments through the City. The employee will be completely responsible for these payments and for continuing the insurance coverage. 7.11.3 Vision Insurance for Employees Who Retire--An employee who retires from the City shall be provided the opportunity to continue vision insurance for themselves and eligible dependents under the City's group plan by paying for the premium payments through the City. The employee will be completely responsible for these payments and for continuing the insurance coverage. Retirement Plans--The benefit contract in effect between the City and the Public Employees' Retirement System (PERS) on behalf of eligible employees of this Unit shall be continued during the term of this Agreement. Retirement benefits shall be those established for miscellaneous employees by the Federal Social Security Act providing Old Age and Survivor's Insurance and PERS Miscellaneous Employees' 2% at age 55 Plan. 7.12.1 Employee Contributions to Retirement System--The rate prescribed by PERS for employee contributions shall be deducted from the pay by the City and forwarded to PERS in accordance with the rules and regulations governing such employee contributions. This amount is 7% of base salary for Miscellaneous Employees as prescribed by PERS. The remainder of any rate, which may be subsequently prescribed by PERS for employee contributions, shall be deducted from employees' pay by the City and forwarded to PERS in accordance with the rules and regulations governing such contributions. 7.12.2 Sick Leave Service Credit--Sick Leave accrued but not used and not paid based on the terms of this Agreement at the time of an employee's concurrent retirement from City service and PERS shall BE reported to PERS for the sick leave service credit provision. 7.12.3 Optional Provisions Added--An employee who has served in the military may be eligible for Military Service Credit, as authorized by applicable law. 7.12.4 New Provisions Added--The City shall provide for an adjustment to the retirement calculation formula from 2% at age 55 to 2.7% at age 55 by no later than the payperiod including 12/31/03. 12 Page 13 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 7.12.4.1 7.12.4.2 7.12.4.3 Other Potential Enhancement Providers--If all other City "miscellaneous" labor groups participate in the program, then the Public Employees' Retirement System will provide the enhancements.. If not all other City "miscellaneous" labor groups participate in the program, then the enhancements will be supplied by PARS (Public Agency Retirement System) or a similar provider. Employee Costs--Employees will pay the 1% PERS member costs if PERS is the retirement system used for the enhanced benefit. Compensation Costs--If the City ultimately must select PARS or a similar agency, and later changes to a PERS enhancement, any remaining retirement costs will be factored into the total compensation costs for survey purposes. Article 8. Hours of Work and Overtime 8.1 Definitions-- 8.1.1 Continuous Operations--Positions that work continuous operation is defined as positions that must be staffed 24-hours per day, 7 days per week, 52 weeks per year (24/7). 8.1.2 Non-continuous Operations--Positions that work on a non-continuous basis is defined as any position that does not require staffing 24-hours per day. 8.2 Workday--- 8.2.1 Eight-hour Schedule Eight- or 9-consecutive hours of work shall constitute a regular work shift for those non-continuous operations staff except that it may be interrupted by a non-paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have regular starting and quitting times. 8.2.2 Twelve-hour Schedule--Twelve consecutive hours of work shall constitute a regular work shift for those continuous operations staff except that it may be interrupted by a paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have regular starting and quitting times. 8.3 Rest Periods--Employees shall be entitled to one 15-minute rest break during each 4 hours of an assigned shift. Such rest breaks shall not be accumulative and shall be taken at a time when the work schedule permits. 8.4 Workweek Schedules-- 8.4.1 Non-continuous Operations Eight-hour Schedule--The workweek shall consist of 5-consecutive 8~hour days for non-continuous operations staff. 8.4.2 Non-continuous Operations 9/80 Schedule---The workweek for employees assigned t© work the 9/80 plan shall consist of eight 9-hour workdays and one 8- hour workday in each 80-hour payperiod. 13 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 14 8.5 8.6 8.7 8.8 8.9 8.10 8.4.3 Twelve-hour Schedule---The workweek for plant operators shall consist of 12- hour workdays within an 80-hour per payperiod schedule. Work Schedule--Work schedules showing the employee's shifts, workdays, and work hours shall be posted on the employee bulletin boards or are available in an electronic format. Changes in Work Hours/Schedules--Except for situations where the City determines an emergency exists, changes in work schedules shall not be made until the employee and representative have been given reasonable opportunity to discuss said changes with the appropriate management representative. Overtime--Authorized work performed by an employee in excess of scheduled workday or workweek shall constitute overtime except as otherwise provided. An employee required to work in excess of scheduled work hours shall be compensated for each overtime hour so worked at the rate of 1.5 times the employee's actual hourly rate of pay. No form of overtime payment shall be made where time worked prior to the beginning of a shift or following completion of a shift is less than 12 minutes in duration. Scheduled Overtime--Employees, who are scheduled to return to work, shall be compensated as overtime hours at 1.5 times the employee's actual hourly rate of pay, those hours must actually be worked. Compensatory Time--With the supervisor's approval, employees may receive compensatory time at the rate of 1.5 times of the employee's actual hourly rate of pay for each overtime hour worked, or may accumulate and use compensatory time in accordance with departmental policies. 8.9.1 Maximum Compensatory Time--All compensated time off may be taken in accordance with departmental policies. Accumulated compensatory time cannot exceed 36 hours. Anyone wishing to exemise this option must give a 5-day notice of the desire for compensatory time off and the time off must be taken so as not to interfere with the minimum staffing and continued functioning of the division or operation. 8.9.2 Compensatory Time Accrual--Hours actually worked that qualify for compensatory time accrue beginning with the first full payperiod of each calendar year and end at the conclusion of the last payperiod of each Calendar year. Hours earned in one year cannot be carried forward to the next calendar year. 8.9.3 Payoff of Compensatory Time--During the second payperiod of each calendar year, all earned but not used compensatory time shall be paid to the employee at the employee' s actual hourly rate of pay. Call-back Compensation--Employees who in the course of their empl'oyment are called back to work shall receive overtime pay at the rate of 1.5 times the employee's actual hourly rate of pay for each hour worked based on the conditions below. Workday means the day the employee's shift begins and call back commences with the time the employee reports to work and concludes when the employee is released from the assigned work or the beginning of the employee's normal work period, whichever occurs first. 14 Page 15 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 8.10.1 Workday Call-back--An employee shall receive a minimum of 3 hours overtime pay for each call-back that occurs on scheduled workdays. 8.10.2 Non-workday Call-back--An employee shall receive a minimum of 4 hours overtime pay for each call-back that occurs on non-scheduled workdays. Article 9. Holidays 9.1 Observed Holidays--The City observes the following holidays: January 1 ................................................................. New Year's Day Third Monday in January ........................................ Martin Luther King, Jr. Day Third Monday in February ...................................... President's Day Last Monday in May ............................................... Memorial Day July 4 ....................................................................... Independence Day First Monday in September ..................................... Labor Day Second Monday in October ..................................... Columbus Day Observed November 11 ........................................................... Veteran's Day Fourth Thursday in November ................................ Thanksgiving Day Friday following Fourth Thursday in November .... Day After Thanksgiving December 25 ........................................................... Christmas Day Half-day Holidays--In addition, the City observes the following half-day holidays: December 24 ............................................................ Christmas Eve Day December 31 ............................................................ New Year's Eve Day Discretionary Holiday--Each employee shall be entitled to one paid holiday each calendar year, which may be taken at the discretion of the employee. This discretionary holiday must be used by the payperiod prior to the last pay period of the calendar year, subject to prior approval of the department head. "E" Time in Lieu of Holiday Pay--When a City-observed holiday falls on a regularly scheduled day off, the employee shall be compensated for 8 hours of straight time pay for the holiday observed, or the employee may request "E" time in lieu of holiday pay at the straight time rate of pay, with the approval of division management, subject to the 36 hour compensatory cap provision. "E" time is time off at straight time for the hours earned in lieu of holiday pay. Work Performed on a Holiday--Except for employees assigned to continuous operations or as provided above, any regular full-time employee who is required to work on any authorized holiday, in addition to receiving regular pay for such holiday, shall be paid at the overtime rate for all hours worked. Holiday Pay for Non-continuous Operations--Regular full-time employees, except for staff assigned to continuous operations, shall be entitled to observe all authorized holidays at full pay, not to exceed 8 hours for any one day, provided they are in paid status on both their regularly scheduled workdays immediately preceding and following the holiday. 9.2 9.3 9.4 9.5 9.6 15 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 16 9.7 9.8 9.9 9.10 9.11 Holiday Pay for Continuous Operations--Employees assigned to continuous operations, who by nature of their assignment are unable to observe City holidays, shall be compensated for authorized holidays, not to exceed 8 hours, as straight time for the holiday and straight time for the hours worked. Absent on Holidays--Staff scheduled to work on a City holiday, but who are unable to do so due to a job-related injury, shall remain eligible for payment in accordance with this provision as long as the employee is not receiving compensation from other sources. An employee unable to work a holiday due to illness or to an injury unrelated to the job and who is on paid leave shall also be compensated for the holiday pursuant to this provision provided that the employee submits to the immediate supervisor a doctor's certificate verifying the illness or injury. Actual Holiday Staffing--In addition to the staff assigned on rotational shifts, 2 workers may be assigned to work at the Treatment Plant on 12/24 (half day) and 12/31 (half day) and the Friday following Thanksgiving. These 2 additional employees are to be compensated at holiday pay computed as follows: Straight time for the holiday and straight time for the additional hours worked. A designated City management employee shall make the assignment. The assignment will be made, first by relying on volunteers, but if there are no volunteers, then the assignments are made on a rotational system established by the City. Holidays on a Weekend--When any of the aforementioned holidays fall on a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the preceding Friday. Holiday Start Time---For employees who work a continuous operation schedule, holidays occur on the actual holiday. Employees who begin to work a shift that starts anytime after 12:00 midnight on the actual holiday are considered to be working the holiday. Article 1 0. Vacation Leave 10.1 Vacation Leave--Regular full time employees shall accrue vacation as follows: Length of Continuous Service Biweekly Accrual Rate 0 through completion of 4th year .......................................... 4.62 hours Fifth through 14th year .......................................................... 6.16 hours Fifteenth through 24th years .................................................. 7.69 hours Twenty-fifth and succeeding years ....................................... 9.23 hours 10.2 Deferral--An employee may defer 40 hours of vacation leave to the succeeding calendar year. In addition, if the service requirements are such' that an employee cannot take all entitled vacation in the Calendar year, the employee may defer, 'with the approval of the department head, the unused portion, to the following year, provided that no more than 30-working days of vacation are accumulated. The employee shall file a written request to defer vacation with the department head and the appointing authority. Deferred vacation not taken during the calendar year immediately following the calendar year in 16 Page 17 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 10.3 10.4 which the vacation leave was deferred shall be compensated in time off or compensation during the month of January. Scheduling--The times during the year at which an employee shall take vacation shall be determined by the department head with regard for the wishes of the employee and the needs of City service. Pay Upon Separation from City Service--Employees separating from the City Service shall be paid at their current hourly salary rate for all unused accrued vacation hours. No such payment shall be made for vacation hours accumulated contrary to the provisions of these sections. Article 11.1 I l. Other Leaves Sick Leave- 11.1.1 Determination---Every regular permanent and probationary employee, who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of his or her classification as the result of an injury or illness that is not industrially caused, shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. 11.1.2 Amount of Sick Leave--Employees will accrue 8 hours per month of sick leave. Such leave may be accumulated without limit. 11.1.3 Sick Leave Request--An employee shall prepare and present a request for sick leave on each occurrence of sick leave on such forms and in accordance with such policies and procedures established for sick leave requests by the department head or designee. 11.1.4 Approval of Sick Leave Request--The department head or designee shall review all sick leave requests and, if approved, the request for paid sick leave for an employee shall be granted. The department head or designee shall not unreasonably withhold approval of the employee's sick leave request. Sick leave as used herein, is defined as a period of time during which the employee suffers actual illness or injury that necessitates his/her absence from employment. Sick leave is not a right or privilege to be used at the discretion of the employee. 11.1.4.1 Notification--The employee must notify the immediate supervisor prior to the commencement of the daily work period if intending to take sick leave. 11.1.4.2 Verification of Injury or Illness-- 11.1.4.2.1 Usual Verification--An employee requesting paid sick leave shall provide reasonable verification of the illness or injury, usually in the form of the employee's personal statement regarding the injury or illness. 17 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 18 11.2 11.3 11.4 11.1.4.2.2 Doctor's Verification--Th~ department head or designee may require a verification prepared and signed by a medical doctor, which confirms that the employee is unable to perform work and the employee's expected return-to-work date. The department head may also request medical verification that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the position. This verification shall be required when an employee is absent due to illness or injury for a period of 39 or more work hours. In addition, the department head may require a medical verification any time the department head has reasonable basis to believe that the leave has been abused by an individual employee. Such medical verification request shall not be unreasonably imposed. Payment of Unused Accumulated Sick Leave Accrued--Upon death, separation from City employment as a result of a work-related injury/illness, a full-service retirement after 10 years of service, or retirement at age 50, an employee shall be paid for half of the accumulated sick leave at the time of separation, retirement, or death. Retirement is defined as retirement from City service and receiving PERS retirement benefits. Years of service does not include time spent as a temporary or part-time employee. Payment of unused sick leave hours shall be made at the employee's actual hourly rate at the date of separation from City service. However, no employee shall receive payment for any accumulated sick leave hours in excess of 1200 and the maximum payable hours shall be 600. Sick Leave Management Policy--All permanent and probationary employees who are temporarily and/or partially disabled from performing the full scope of duties within their classification as a result of an injury or illness that is not industrially caused, are eligible to receive sick leave without loss of salary or benefits. As identified in the City's Sick Leave Management Policy Administrative Instruction, abuse of sick leave is defined as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum use of sick leave, and reporting should conform to a general City standard. Therefore, employees exceeding 56 hours or 7 occurrences of sick leave per year will be subject to a review of sick leave usage. Industrial Injury or Illness Leave--An employee who is temporarily and/or partially disabled from performing work as a result of any injury or illness that has been determined to be industrially caused that necessitates the employee's absence from work, shall be entitled to receive paid industrial injury or illness leave without loss of salary or benefits. Employees shall be eligible to receive paid industrial injury or illness leave for all time the employee is normally scheduled to work but is unable to work for a maximum period of 90-calendar days following the date in which the injury or illness caused the period of temporary and/or partial disability and necessitated the employee's absence from work. An employee receiving paid industrial injury or illness leave shall 18 Page 19 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 11.5 assign to the City all workers' compensation insurance proceeds received by the employee for all of the time in which the employee also received paid leave from the City. Disability Insurance Program-- 11.5.1 Application for Benefits--An employee who is disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and has utilized all accrued sick leave and paid leave for which the employee is eligible, may file an application for short- or long-term disability benefits in accordance with the requirements of the City's Disability Insurance policy. The elimination period for the disability plan is 30~calendar days. Employees will not be required to utilize sick leave in excess of this elimination period in order to qualify for disability payment. 11.5.2 City Determination--Upon an employee qualifying for disability benefits, the City shall determine the following: ll.5.2.1Determination of Employee Disability--Whether the employee's disability from performing the full scope of the usual and customary duties of the classification is permanent and stationary. l l.5.2.2Medical Prognosis--Whether the medical prognosis for the employee's eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof. The City will require medical verification from the employee regarding the condition, and may also require medical verification regarding the employee's condition from a medical doctor retained by the City. 11.5.2.3 Permanent and Stationary Determination--If the City determines that the employee's disability precludes him/her from performing the full scope of the usual and customary duties of the classification with or without accommodation and the disability is permanent and stationary, then the City may either assist the employee in applying for a disability retirement or otherwise separate the employee from the City's service in accordance with applicable law. l l.5.2.4Temporary Determination--If the City determines that the employee's disability from performing the full scope of the usual and customary duties of the classification is such that there exists a significant probability of complete recovery within a period of 365 days, 'based on medical verification, then the City has discretion on a case-by-case basis to grant the employee a leave of absence without pay for a reasonable period of time to recover from the disability. The City reserves the right to require medical verification of the employee's fitness for duty before permitting the employee to return to City service. 19 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 20 11.6 11.5.2.5 Permanent and Stationary Determination During Leave of Absence--If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the 'ability to completely recover and the employee's disability becomes permanent and stationary during the period of such leave, then the City may assist the employee in applying for disability retirement or otherwise separate the employee from City service. ll.5.2.6Accrued Vacation Payment--Upon becoming eligible for disability insurance benefits, and upon being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee's ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. l l.5.2.7Insurance Premium Payment--The City will continue to pay insurance premiums on behalf of a disabled employee and dependents, pursuant to the provisions for such payments otherwise provided in this Agreement until the actual date of separation from City employment of the employee. Light-duty Program--The purpose of the light-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent deterioration of skills, facilitate recovery, and reduce income loss. Light-duty assignments will be structured so that employees are not placed in a duty status that would aggravate or cause a reoccurrence of injury or illness. Light-duty assignments will not be made unless the employee receives medical clearance from a physician to return for light duty. This program shall be coordinated with applicable workers' compensation benefits so that benefits are provided at the level not less than those mandated by state law. 11.6.1 Coverage--This light-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 11.6.2 Determination/Required Reports-- 11.6.2.1 Assignments--Light-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, in consultation with the employee and/or the affected supervisor, and based on the needs of the City, and the impact of light duty on departmental operations. 11.6.2.2 Medical updates--Employees who seek light-duty assignments or who are on light-duty assignments are required to provide medical reports regarding the status of their condition to the department head at 2-week intervals, or at other agreed-upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether or not a light-duty assignment has been made. Reports will be evaluated by the department head for 20 Page 21 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding purposes of continuing or terminating a current light-duty assignment or to determine when to commence a light-duty assignment. 11.6.3 Light-duty Assignment, Definitions, and Restrictions--Light-duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of his/her current job with or without accommodation. Under no circumstances shall the light-duty assignment be considered to be a permanent alternative position for purposes of reasonable accommodation under the applicable disability discrimination laws. Light-duty assignments: · May consist of reduced work hours, limited work, or any combination thereof. Will not adversely affect the employee's normal wage rate. · Will be within the employee's assigned department; or if no regular work is available, the employee may be assigned work outside of the department consistent with skill and ability. · When feasible will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee can be assigned light duty during the normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. · Will be developed based for specific light-duty assignments on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 11.6.4 Holidays/Vacations During Light-duty Assignments-- 11.6.4.1 Holidays Observed--Holidays shall be observed in accordance with the light-duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take a holiday off, so shall the light-duty employee. If the employee is assigned to work hours in a department, division, or operating unit where employees in that work unit work holidays, so shall the light-duty employee. Compensation for holidays shall be in accordance with this Agreement. 11.6.4.2 Vacations--Employees assigned to light duty shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on full duty. Employees may reschedule their vacation with the approval of the department head, provided the rescheduling does not result in increased costs or lost time to the City for relief staff to cover the rescheduled vacation. 11.6.5 Return to Full Duty--Employees will be returned to a full-duty assignment as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. 21 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 22 11.7 11.8 11.9 Sick Leave as Family Care--Employees accrue sick leave each year as defined in the sick leave article of this Agreement. In recognition of Labor Code 233, employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the purpose of obtaining medical consultation, treatment, or for caring of a sick family member as defined below. 11.7.1 Definition of Family Member for Sick Leave as Family Leave Purposes--A family member, as defined in Labor Code 233 section, shall include the employee's spouse, child, mother, father, and eligible domestic partner. 11.7.2 Leave Amount--The combined total of hours taken for family care purposes pursuant to Labor Code 233 section shall not exceed half of the employee's annual allotment of sick leave. Forty-eight hours of leave per year for this purpose is available. 11.7.3 Concurrent Use of Leave--Sick Leave as Family Care may run concurrently with any family leave permitted under federal or state law. 11.7.4 Notification Procedures--Leave usage forms and notification procedures will continue to be used, provided the City reserves the right to take such action it deems necessary to confirm or verify use of this leave. Bereavement Leave--Each employee may take leave without loss of pay for the purpose of attending the funeral of any member of his/her immediate family, as defined below. 11.8.1 Within California--An employee may be granted up to a maximum of 24 hours of bereavement leave per occurrence for the death or to attend the funeral of a family member within California. 11.8.2 Outside California--An employee may be granted up to a maximum of 40 hours of bereavement leave per occurrence for the death or to attend the funeral of a family member outside of California. 11.8.3 Definition of Immediate Family for Bereavement Leave Purposes--As used herein for bereavement leave purposes, immediate family is defined to be spouse, parents, brother, sister, grandparents, child, mother-in-law, father-in-law, brother- in-law, sister-in-law, daughter-in-law, or son-in-law. In addition, the department head may grant the above-described leave in the event of the illness or disability or funeral of someone other than those persons designated if, in the department head's opinion, there exists an extraordinarily close relationship between the employee and such person. Leaves of Absence--The City may grant an employee in a permanent position a leave of absence without pay or benefits not to exceed 1 year. A request for leave and the reason therefore shall be submitted in writing and must be approved by both the department head and the City Manager. 11.9.1 Expiration of Leave of Absence--Upon expiration of the approved leave, the employee shall be reinstated in former classification without loss of service credits or benefits (subject to terms of the contracts with the benefit providers) accrued prior to said leave. However, during the period of leave, the employee shall not accumulate service credits nor shall the City continue contributions towards 22 Page 23 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 11.10 11.11 retirement plans. During this period the City shall not continue contributions toward group insurances, unless the leave is FMLA-qualifying. 11.9.2 Failing to Return from Leave--Failure on the part of an employee to return to work on the date scheduled shall be cause for termination. Pregnancy-related Disability Leave--As provided for in state law, employees may be granted leave up to the maximum period of time permitted by law for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions, or for reason of the birth of a child. The employee shall provide the City with medical verification of the pregnancy disability, including the anticipated length of absence and the anticipated return-to-work date. This leave may run concurrently with the provisions of the family medical leave act. 11.10.1 Temporary Transfer--Upon physician's advice, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary in which the employee is qualified to perform. Nothing herein shall result in the displacement or transfer of other employees in permanent positions or the performance of unnecessary work. 11.10.2 Physical Examination--Where it is the opinion of the department head that the employee should be placed on leave sooner than prescribed by her physician due to the employee's inability to effectively or safely perform the duties of her regular position or of to one to which she has been, or could otherwise be temporarily transferred, the employee may be required to undergo an examination by a second physician. The cost of this examination shall be paid by the City and shall not be ordered without prior approval of the appointing authority. 11.10.3 Leave Utilization The employee shall be entitled to utilize sick leave, vacation, or compensatory time off benefits on the same basis as other employees who are temporarily disabled. While the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. 11.10.4 Returning from Leave--Upon expiration of the approved leave, the employee shall be reinstated to the former classification or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee being reinstated, a statement from the attending physician indicating that the employee is physically capable of resuming the regular duties of the position will be required. Paternity Leave--As provided under the family medical leave act, an employee may request to be absent for a period of up to 12 weeks upon the birth or upon adoption of a baby. Unused but accrued vacation or compensatory time may be used to the extent available. Such leave runs concurrently with the family medical leave act leave. 23 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 24 11.12 11.13 Military Leave--Military leave shall be granted in accordance with the provisions of applicable state and federal law. All employees legally entitled to military leave shall provide the immediate supervisor with the information, within the limits of military orders or regulations, to determine when such leave shall be taken. The immediate supervisor may modify the employee's work schedule to accommodate the requirements applying to the leave. Jury Duty--Employees must notify their supervisors when called to jury duty. All time at jury duty will be applied toward the employees' regular workday. The employee must submit record of hours at jury duty. Given the many different shifts employees' work, modification of work hours for such jury duty will be left to the discretion of the department head or designee, and may be appealed to the Director of Human Resources. Article 1 2. Automatic Progression 12.1 Plant Operators-- 12.1.1 Treatment Plant Operator I to //--Any employee hired as an Operator I shall upon receipt of a valid Grade 11 certificate issued by the State of California shall be advanced to Operator II without additional City-required oral, written, or performance examinations. 12.1.2 Certification a Condition of Continued ErnpIoyrnent-- 12.1.2.1 Grade II Operators--As a condition of continued employment, employees hired as an Operator I must obtain a valid Grade II certificate issued by the State of California or the certifying authority recognized by the State of California, within 2 years from the effective date of hire as an operator. If an employee fails to obtain this required certification within the 2-year period, the employee may be terminated from employment without fight of appeal. 12.1.2.2 Grade III Operators--Employees classified as a Plant Operator II must obtain and maintain a Grade 111 certificate issued by the State of California or the certifying authority recognized by the State of California, within 3 years of their appointment. If an employee fails to obtain this required certification within the 3-year period, the employee may be terminated from employment without right of appeal. 12.1.2.3 Maintenance of Required Certification--If an employee classified as a Plant Operator I or II fails to maintain a valid, required Wastewater Plant Operator's certificate issued by the State of California or the certifying authority recognized the State of California, the employee may be terminated from employment without fight of appeal. 12.1.2.4 New Plant Operators Hired After i/1/03---Commencing 1/1/03, all new Plant Operator II employees shall at the time of their employment, possess or obtain within 3 years of their employment as a Plant Operator 24 Page 25 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 12.2 II, a valid Grade III Wastewater Treatment Plan Operator's certificate issued by the State of California or the certifying authority recognized the State of California. Permanent Plant Operator II employees hired prior to 1/1/03 shall be exempt from this provision so long as they maintain a valid Grade 11 certificate. Mechanic and Electrical Staff--The City may fill any position at the level it deems appropriate for Plant Mechanic I or Plant Mechanic 11, and Plant Electrician I or Plant Electrician II. It will also provide for alternate staffing/automatic progression for any plant mechanic and electrical staff that are appointed at the lower level of the classification series. This automatic progression for employees hired at the lower level will occur if all of the following conditions are met. The employee in the lower level classification must have: Reached step 5 on the salary schedule. · Possessed a Grade II or higher CWEA Mechanical Technologist Certification or Electrical/Instrumentation Technologist Certification for at least one year. · Achieved "Above Standard" overall job performance ratings on at least 3 of the previous 5 performance evaluations. · If promoted, at the conclusion of one year, successfully completed a new probationary period. Article 13. Apprenticeship The Union and the City agree to continue the current Stationary Engineers Local 39 Apprenticeship Training Fund. Should management determine a 14th operator position is needed such position shall be designated as an Apprentice. There will be no more than one apprentice position at a time. Article 14. Personnel Practices 14.1 Probationary Periods-- 14.1.1 Duration--All original and promotional appointments shall be tentative and subject to a probationary period of not less than 12 months of actual service from the date of probationary appointment or promotion. 14.1.2 Rejection--The appointing authority may terminate a probationary employee at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in the grievance article of this Agreement. 25 ~ City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 26 14.2 14.3 14.4 14.5 14.1.3 Promotional Probation--An employee who has previously completed the probationary period and is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was promoted, if such position still exists. This section shall not be construed as to prohibit the City from discharging any employee during a subsequent promotional probationary period for those reasons and causes set forth in the discipline article of this Agreement. 14.1.4 Probation after TransfermEmployees who transfer to another division shall be required to undergo a new probationary period in a position into which transferred. If unsuccessful in the new probationary period, the voluntarily transferred employee may be terminated from City service. Employees transferred non-voluntarily shall be reinstated to their former position if unsuccessful in their new probationary period, if such position exists. 14.1.5 Probation after Return from Layoff--An employee who is laid off and subsequently appointed as a result of certification from an employment eligible list to a position of a different classification than that from which laid off, shall undergo the probationary period prescribed for the classifications to which appointed. Former probationary employees appointed from a reinstatement or re- employment list must serve the remainder of the probationary period in order to attain permanent status. Transfer--An employee may be transferred by the appointing authority from one position to another position in the same or comparable classification carrying essentially the same maximum salary for which the employee is qualified to perform. Promotion--The City shall endeavor to fill vacancies by promotion when in the best interest of the service. In the event the appointing authority determines to fill a vacancy by promotion, the Personnel officer prepares and administers an examination for those employees who meet the minimum qualifications. The names of the successful candidates shall be recorded in the order of their standing in the examination on an employment list. Closed promotional appointments shall be made from the first 4 candidates (the number may be unilaterally changed by City Council Resolution) on the employment list who are ready, willing, and able to accept the position offered. Employment Lists--Promotional lists shall become effective upon approval thereof by the Personnel officer. Employment lists shall remain in effect for 1 year unless sooner exhausted, and may be extended, prior to its expiration dates, by action of the personnel officer for additional 3-month periods, but in no event shall the list be extended for more than one additional year. If an appointment is to be made from an open-competitive listl the names of all persons onthe list shall be certified. Removal of Names from Employment Lists--the City for any of the following reasons may remove the names of any person on an employment list. , The eligible person requests in writing that his/her name be removed. · The candidate fails to respond to a written offer of employment within 6 business days from mailing. 26 Page 27 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 14.6 14.7 · A subsequent report of an investigation is unsatisfactory. · The candidate has been passed over for appointment 3 times. · A candidate who rejects an offer of employment shall be removed from the employment list. Time Off for Examinations--Promotional examinations scheduled by the City during an employee's regular working hours may be taken without loss of compensation. Resignation and Reinstatement-- 14.7.1 Resignation--An employee desiring to leave the City in good standing shall submit a letter of resignation to the immediate supervisor no later than two weeks in advance of the effective date of separation; complete an exit interview; and receive a satisfactory final evaluation. 14.7.2 ReinstatementmA permanent employee who has resigned in good standing may be reinstated within two years of the effective date of resignation. Such reinstatement may be to a vacant position in the employee's former classification or to one in a comparable classification that does not carry a significantly higher rate of pay and that the former employee is qualified to perform. Reinstatement shall be made at the salary step approved by the appointing authority. The reinstated employee will serve the designated probationary period for that classification at which the employee is reinstated. Article ]. 5. Reductions-in-force, Layoffs, and Re-employment' 15.1 Council Determination--Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because the position involved no longer exists or is no longer necessary or because of a material change in duties, organization, or shortage of work or funds, the City Council may abolish any position in the competitive service and layoff, reassign, demote, or transfer an employee holding such position. This action shall not be deemed a disciplinary act or an act requiting written charges. The appointing authority may likewise layoff an employee in the competitive service because of a material change in duties, organization, or shortage of work or funds. 15.2 Seniority--Seniority, for the purpose of layoff, is defined as length of continuous full- time regular employment within City service, and shall not include time spent in service on a provisional or temporary status. Seniority shall be retained, but shall not accrue during any period of leave without pay, except for authorized military leave granted pursuant to law. 15.3 Order of Layoff--When one or more employees in the same class in a City department are to be laid off, the order of layoff in the affected department shall be as follows: · Probationary employees in reverse order of seniority. · Permanent employees in reverse order of seniority. 27 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 28 15.4 15.5 15.6 15.7 Identical City Service Seniority--Should two or more employees have identical City service seniority, the order of layoff will be determined by classification seniority. Whenever two or more employees have identical classification seniority, a 'mutually agreeable random process shall determine the order of layoff. Layoff Notification--Employees shall be forwarded written notice, including reasons therefore, a minimum of 10-working days prior to the effective date of layoff by certified or registered mail, return receipt requested, or shall be personally served. An employee receiving said notice may respond, in writing, to the appointing authority. The employee's representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circumstances requiring the layoff and any proposed alternatives that do not include the consideration of the merits, necessity, or organization of any service or activity Reassignment in Lieu of Layoff- 15.6.1 Vacant Positions in City--In the event of layoff, the employee will be allowed to transfer to a vacant position that the City intends to fill in the same classification in any City department as follows. 15.6.2 Former Classification--In the event there are no vacant positions in the same classification in any department, the employee will be offered a vacant position in any classification at the same or lower salary level in which permanent status had formerly been held, first in the affected department and then Citywide. 15.6.3 Displacement--In the event there are no vacancies as listed above, the employee shall have the opportunity upon request to be assigned to any classification in the department at the same or lower salary level in which minimum qualifications have been met and a regular layoff procedure in the same or lower salary level shall apply. 15.6.4 Step Classification--Employees transferred, reassigned, or demoted under this section will be assigned in the new classification salary range to a step closest, but not exceeding, the employee's salary at the time of reclassification. 15.6.5 Employee Requests--An employee must request in writing the provisions of the Reassignment in Lieu of Layoff section, within 5-working days prior to the effective date of layoff. Layoffs-- 15.7.1 Exercising Rights--In the event an employee is not reassigned in lieu of layoff, as set forth above, the employee shall be laid off. If an employee elects not to exercise the rights in section Reassignment in Lieu of Layoff, the employee may be deemed to have been offered and to have declined such work and shall be laid off. 15.7.2 Accrued Leaves--Laid off employees are to be paid for accrued vacation and sick leave in accordance with this Agreement when separated as a result of a layoff. 28 Page 29 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 15.8 Layoff Re-employment and Reinstatement Lists-- 15.8.1 Reduction in Force Reclassification or Demotion--Probationary and permanent employees, who are reclassified and/or demoted as a result of a reduction'in force, shall have their names placed on a classification reinstatement list, in order of their seniority. Vacant positions within the classification shall first be offered to employees on this list. 15.8.2 Reduction in Force Re-employment List--Employees who are laid off, shall have their names placed in order of seniority on a classification re-employment list that in the opinion of the personnel officer requires basically the same qualifications, duties, and responsibilities as those of the classification in which the layoff occurred. Vacant positions in such classifications shall be offered to eligible employees on the re-employment list that qualify for such vacancies prior to an open or promotional recruitment. 15.8.3 Duration and Removal from Reinstatement or Re-employment Lists--No name shall be carded on a reinstatement or re-employment list for a period longer than two years. Refusal to accept the first offer of reinstatement or re-employment within a classification shall cause the employee's name to be dropped from the list. Individuals not responding to written notification by certified or registered mail, return receipt requested, forwarded to their last known address, of an opening within 10-working days from mailing, shall have their names removed from either the reinstatement or re-employment list. 15.8.4 Probationary Rehires--Probationary employees appointed from a reinstatement or re-employment list must serve the remainder of their probationary period in order to attain permanent status. Article 1 6. Recreational Facilities and Classes 16.1 Admission to Classes--Employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 5 recreational classes during a 12-month period (lab fees or ingredient fees not included). 16.2 Use of FacilitieswEmployees using City recreation facilities and enrolled in City recreational classes shall engage in such activities on the employee's non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the source department. 29 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 30 17. Safety 17.1 17.2 17.3 Observance of Safety Rules and Regulations--Both the City and Union shall expend every effort to ensure that work is performed with a maximum degree of safety, consistent with the requirement to conduct efficient operations. Safety Program--The City has established a safety program and representatives of the unit shall serve on the safety committee. Safety Equipment--The City shall continue to supply employees with safety equipment required by the City and/or Cai/OSHA. All employees shall use City supplied safety equipment only for the purpose and uses specified under applicable safety roles and regulations. Aracle 18. Discipline 18.1 Action by City--The City may discipline, discharge, suspend, demote, or reduce in salary any permanent employee for masons including, but not limited to, dishonesty; insubordination; incompetence; willful negligence; failure to perform work as required; or failure to comply with or violation of the City's rules regarding safety, conduct, or operations; chronic absenteeism; misstatement of fact on an application or other personal document; falsification of records; unfitness for duty; and absence without authorized leave. Any discharged, suspended, or demoted employee, or an employee whose salary has been reduced for disciplinary reasons, shall be furnished the reason for such action in writing. In the event an employee feels that the discharge, suspension, demotion, or salary reduction is unjust, the employee shall have the fight to appeal the case through the grievance procedure within 5-working days from the date of the actual disciplinary action. 18.2 Notice of Disciplinary Action--The City shall provide the affected employee with written notice prior to taking disciplinary action, except where circumstances dictate the City taking immediate action to remove the employee from the work place. In such cases, written notice, as set forth below, shall be provided the employee within 2-working days of the action. In instances where disciplinary action must be imposed immediately, the notice shall be provided the employee no later than 5-working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action will not become final until the aforementioned notice has been furnished the employee and the employee has been provided no less than 5-working days from the receipt of the notice to respond to the authority initially imposing the discipline. 18.2.1 Notice--In all cases, written notice of disciplinary action shall be served on the employee personally or by certified or registered mail, return receipt, with a copy of the notice to be placed in the employee's personnel file. The written notice shall contain the following information: · The type of disciplinary action recommended. · The effective date of the action proposed. 30 Page 31 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 18.2.2 18.2.3 · The reason or cause for the action and the rules, regulations, and/or policies violated. · That the employee shall be furnished all copies of all materials upon which the action is based. · That the employee has the fight to respond either orally or in writing to the authority initially imposing the discipline. Appeal Rights--Once the proposed disciplinary action has been imposed, the affected employee shall have the fight to appeal. Such appeals shall be filed directly at the fourth step of the grievance procedure set forth in this Agreement. Probationary Discharge--Probationary employees may be discharged for any reasons, which in the sole opinion of the City is just and sufficient. Such discharge shall not be subject to the grievance procedure, except under the conditions specified in Probationary Period article of this Agreement. Article 1 9. Grievance Procedure This grievance procedure shall be applied in resolving grievances filed by an employee covered by this Agreement. 19.1 Definition ofa Grievance--A grievance shall be defined as any dispute that involves the interpretation or application of any provision of this Agreement during its term, excluding all ordinances, resolutions, rules, and regulations, the contents of which are not specifically covered by the provisions of this Agreement. Such excluded ordinances and resolutions shall not be subject to this grievance procedure. 19.2 Time for Filing--A grievance shall be void unless it is filed in writing within 45-calendar days from the date upon which the City is alleged to have failed to provide a condition of employment that has been established by this Agreement, or within 45~calendar days from the time an employee might reasonably have been expected to have learned of the alleged failure. In no event shall a grievance include a claim for money relief for more than 45-calendar day period, plus such reasonable discovery period. 19.3 Informal Discussion with Employee's Supervisor - Step /--Before proceeding to the formal grievance procedure, an employee shall discuss the grievance with the immediate supervisor in private and attempt to work out a satisfactory solution. If the employee and the immediate supervisor cannot work out a satisfactory solution, the employee may then choose to represent himself or herself individually, or may request the assistance of the Union in writing to formally present the grievance. 19.4 Formal Written Grievance - Step 2--If the employee wishes to formally pursue the grievance, the emploYee shall present the written grievance to the supervisor's immediate superior within 15-calendar days after the date upon which the grieving employee informally discussed the grievance with the immediate supervisor. The written grievance shall specify the article, section, and/or subsection of the Agreement that is alleged to have been violated by the City and shall specify dates, times, places, persons, and other 31 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 32 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 facts necessary for a clear understanding of the matter being grieved. The supervisor's immediate superior shall return a copy of the written grievance to the employee with an answer in writing within 15-calendar days from receipt of the grievance from Step 1. Grievance to Department Head - Step 3--The department head or designee shall have 15- calendar days after receipt of the grievance to revieW and answer the grievance in writing. A meeting between the department head or designee and the grievant with his/her representative is required at this level unless waived by mutual Agreement. Waiver of Supervisory Review--If the grievance is not resolved after the informal discussion with the employee's immediate supervisor, the grievant and the department head or designee may, by mutual agreement, waive review of the grievance to the department head or designee. Informal Review by the City Manager - Step 4 Prior to the selection of an arbitrator and submission of the grievance for hearing by an arbitrator, the City Manager or designee shall informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The City Manager or designee shall have 15- calendar days in which to review and seek adjustment of the grievance. Arbitration of Grievance - Step 5--In the event that the department head does not resolve the grievance, the grievant may within 30-calendar days after receipt of the department head's decision request in writing that an arbitrator hear the grievance. Selection of Arbitrator--The arbitrator shall be selected by mutual agreement between the City Manager or designee and the grievant or representative. If the City Manager or designee and the grievant or representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit a list of 7 qualified arbitrators. The City Manager or designee and the grievant or representative shall then alternately strike names from the list until only one-name remains, and that person shall serve as arbitrator. Duty of Arbitrator--Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted and to thereafter make written findings of fact and disposition of the grievance that shall be final and binding upon the parties. The decision of the arbitrator shall be based solely upon the interpretation of the appropriate provisions of the Agreement applicable to the grievance and the arbitrator shall not add to, subtract from, modify, or disregard any of the terms or provisions of the Agreement. Power of the Arbitrator The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment specifically covered by the Agreement or to revise, modify or alter in any respect any 'provision in the Agreement. Payment of Costs--Each party to a hearing before an arbitrator shall bear own expenses in connection therewith. All fees and expenses of the arbitrator shall be borne half by the City and half by the grievant, except that the moving party must pay any cancellation charge for both parties if an arbitration session is canceled without sufficient notice to the arbitrator. 32 Page 33 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding 19.13 19.14 Effect of Failure of Timely Action--Failure of an employee to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step. Non-union Representation--In the event that an employee chooses to represent him/herself or arranges for representation independent of the Union, the department head and the City shall make no disposition of a grievance that is inconsistent with the terms and conditions of this Agreement. In the event an employee shall elect to go to a heating independently, the Union shall have the right to be a full and equal party to such proceeding for the purpose of protecting the interests of its member under the terms of this Agreement. Article 20. Past Practices and Existing Memoranda of Understanding 20.1 Working Conditions--Continuance of working conditions and practices not specifically provided herein, shall not be guaranteed by this Agreement. 20.2 Prior Agreements--This Agreement shall supersede all existing and prior Memoranda of Understanding, side letters, and agreements between the City and the Union. 20.3 Changes--No changes in this Agreement or interpretation thereof (except by decision of the Personnel Board and City Council in accordance with the applicable sections of this Agreement) will be recognized, unless agreed to by the appointing authority and the Union. Article 2 1. Employees Covered Provisions of this Agreement apply only to the full-time regular employees represented in Unit D, as identified in Appendix A. Article 22. Severability Should any section, clause, or provision of this Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of those sections, clauses, or provisions shall not nullify the remaining portions. Those remaining portions shall be in full force and effect for the duration of this Agreement. In the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for those terms rendered and declared illegal. Article 23. Term of the' Memorandum of Understanding This Agreement shall become effective only upon approval by the City Council and upon ratification by the members of this unit and remain in full force and effect to and including 12/31/07. 33 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 34 Article 24. Signatures Signed on this date.~~~ For the Union: ~ For the City: F:LF~e Cabi~etkEERelationskgtafionary-Op EngkMOLhMOU,~.doc 34 Page 35 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Appendix A Operating Engineers, Local 39 Classifications Those classifications in the International Union of Operating Engineers, Local 39 unit are the following: Apprentice Operator Plant Electrician I Plant Mechanic I Environmental Compliance Inspector Laboratory Chemist Lead Plant Mechanic Plant Mechanic II Plant Operator I Plant Operator II Plant Electrician II Senior Environmental Compliance Inspector Utility Worker 35 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 36 Appendix B Salary Adjustments B.1 Compensation Adjustments--Salary rates are set forth and effective the payperiod including 1/1 of each year. The specific increases include equity and are outlined based on the City's standard survey agencies and methodology to the 60th percentile or median, whichever is greater. Only those benchmarked classifications will be surveyed. B.2 Labor-management Committee--During the first year of the agreement, a labor-management committee will review compensation survey classifications. · B.2.1 Makeup---The committee will be comprised of three representatives from the City and three representatives from the Union. B.2.2 Meetings--During the tn-st year of the Agreement, the labor-management committee will begin meeting by 11/1 and conclude its work by 12/15. B.2.3 Data--Raw classification data, not salary data, will be collected indicating those classifications with matching criteria. Not all classifications will be surveyed, as the data may not be available. ERS website will be used first, then lEDA website, and finally the individual cities, as appropriate. B.2.4 Job Classes--The committee will assess matching job classes to determine applicability for the City of South San Francisco classes, and any linkages that may be appropriate. B.2.5 Confidential Data Information will be confidential; therefore all work is strictly confidential and may not be discussed until completed. B.2.6 Subsequent Years--During subsequent years of the agreement, the City or the Union may request that the committee meet one additional time to review benchmarked classifications to assess continued applicability for the City of South San Francisco classes. B.3 Benchmarked Classifications--Below is a list of classifications within the Unit that are benchmarker. The benchmarker classifications will be used for salary and total compensation surveys, and adjustments for the benchmarker classification will also be received for the linked classification. Classifications may be added to this list, as appropriate, and as positions change, benchmarking or linkages may also change. B.4 Classifications Environmental Compliance Inspector... Plant Electrician II ................................ Plant Mechanic 11 .................................. Plant Operator II .................................... Links Senior Environmental Compliance Inspector, Laboratory Chemist Plant Electrician I Lead Plant Mechanic, Plant Mechanic I, Utility Worker Plant Operator I Apprentice Operator ................................ As determined by Union Policy See below Apprentice Operators shall be paid no less that the following percentage of the current journey (Plant Operator ID rate of pay. 1st 12-month period ........................ 65% 3rd 6-month period ......................... 70% 4th 6-month period ......................... 75% 5th 6-month period ......................... 80% 6th 6-month period ............................... 85% 7th 6-month period ............................... 90% 8th 6-month period ............................... 95% Thereafter, at the journey-level plant operator rate of pay. 36 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 36 Appendix B Salary Adjustments B. 1 Compensation Adjustments--Salary rates are set forth and effective the payperiod including 1/1 of each year. The specific increases include equity and are outlined based on the City's standard survey agencies and methodology to the 60th percentile or median, whichever is greater. Only those benchmarked classifications will be surveyed. B.2 Labor-management Committee--During the first year of the agreement, a labor-management committee will review compensation survey classifications. B.2.1 Makeup--The committee will be comprised of three representatives from the City and three representatives from the Union. B.2.2 Meetings--During the first year of the Agreement, the labor-management committee will begin meeting by 11/1 and conclude its work by 12/15. B.2.3Data--Raw classification data, not salary data, will be collected indicating those classifications with matching criteria. Not all classifications will be surveyed, as the data may not be available. ERS website will be used fkst, then lEDA website, and finally the individual cities, as appropriate. B.2.4 Job Classes--The committee will assess matching job classes to determine applicability for the City of South San Francisco classes, and any linkages that may be appropriate. B.2.5 Confidential Data--~formation will be confidential; therefore all work is strictly confidential and may not be discussed until completed. B.2.6 Subsequent Years During subsequent years of the agreement, the City or the Union may request that the committee meet one additional time to review benchmarked classifications to assess continued applicability for the City of South San Francisco classes. B.3 Benchmarked Classifications--Below is a list of classifications within the Unit that are benchmarked. The benchmarked classifications will be used for salary and total compensation surveys, and adjustments for the benchmarked classification will also be received for the linked classification. Classifications may be added to this list, as appropriate, and as positions change, benchmarking or linkages may also change. Classifications Links Environmental Compliance Inspector... Senior Environmental Compliance Inspector, Laboratory Chemist Plant Electrician II ................................ Plant Electrician I Plant Mechanic 11 .................................. Lead Plant Mechanic, Plant Mechanic I, Utility Worker Plant Operator II .................................... Plant Operator I B.4 Apprentice Operator ................................ As determined by Union Policy See below Apprentice Operators shall be paid no less that the following percentage of the current journey (Plant Operator I~ rate of pay. 1st 12-month period ........................ 65% 3rd 6-month period ......................... 70% 4th 6-month period ......................... 75% 5th 6-month period ......................... 80% 6th 6-month period ............................... 85 % 7th 6-month period ............................... 90% 8th 6-month period ............................... 95% Thereafter, at the j oumey-level plant operator rate of pay. 36 Page 37 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Appendix C Certification Premiums Those classifications listed below are the Plant classifications that are eligible for the following certification premiums, which shall be above the employee's actual hourly rate of pay. Certification Premiums Grade III Grade IV Classifications Grade II Grade V Apprentice Operator ........................................... NA NA NA NA Plant Mechanic I ................................................. 4.00% NA NA NA Plant Electrician I ............................................... 4.00% NA NA NA Environmental Compliance Inspector ................4.00% NA NA NA Instrumentation Technician ................................ NA 4.00% NA NA Laboratory Chemist ............................................ NA 4.00% NA NA Lead Plant Operator ............................................ NA 5.00% NA 10.00% Lead Plant Mechanic .......................................... NA 4.00% NA NA Plant Mechanic II ................................................ 4.00% NA NA NA Plant Operator I .................................................. NA NA NA NA Plant Operator II ................................................. NA 5.00% 7.50% NA Plant Electrician II .............................................. 4.00% NA NA NA Senior Environmemal Compliance Inspector ..... NA 4.00% NA NA Utility Worker .................................................... NA NA NA NA 37 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Page 38 Appendix D Side Letter-Contracting Work At such times that the regular workload may preclude the use of existing staff to undertake special or emergency maintenance projects, Management will consult with Unit members prior to the contracting out of Unit work. Plant employees have been and will continue to be offered overtime opportunities as they arise. Management is responsible for monitoring the backlog of work to ensure that staff resources are not overburdened. 38 Page 39 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Appendix E Staft Report 39 Page 39 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding Appendix E Staft Report Operating Engineers, Local 39 Salary and Benefits 1. Include a five-year agreement, ending 12/31/2007. 2. Modify retirement benefits to provide 2.7% retirement formula at age 55 benefit by the payperiod including 12/31/03 by PERS or alternate retirement system. 3. Adjust compensation by the standard comparison agencies compensation and total compensation salary survey by 1/1/of each year of the agreement. 4. Adjust lead operator compensation by 2.5% in Year 1 and again in Year 2 of the agreement. 5. Provide for a small labor-management committee to review compensation agencies and comparison data each year prior to actual survey being conducted. 6. Eliminate all paid family care leave and medical appointment leave. 7. Modify compensatory time provision to include capping and payoff. 8. Modify call-back provision to compensate for 4 hours on non-workdays. 9. Formalize the paying of mandatory and voluntary certification and testing fees. 10. Formalize the 9/80 flexible work schedules. 11. Formalize the paying of mandatory continuing education costs. 12. Provide for alternate staffing in the electrical and mechanical classifications. 13. Incorporate previously agreed-upon language into this MOU revision. 14. Mod/fy language to eliminate unclear wording, such as for concurrent retirement benefit eligibility, disability insurance program, sick leave as family care, leaves of absence, disability leave, holiday pay, purchasing medical insurance for eligible dependents after retirement, definitions, work schedule posting, etc. 15. Change some class description titles to better accurately reflect duties and labor market. 16. Modify salaries for the period of January 1, 2003 through December 31, 2003 to include equity adjustments in the first year. Salary surveys will be conducted in subsequent years. Compensation for Year 1 will be changed as follows. Title 1/03 Plant Electrician I and 1I .............................................................. 3.76% Plant Mechanic I and II and Utility Worker ........................................ 3.02% Environmental Compliance Inspector, Senior ECI, and Chemist ............... 6.09% Plant Operator I and 1I, and Apprentice Operator ................................. 0% 39