Loading...
HomeMy WebLinkAboutReso 141-2021 (21-565)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council ' Resolution: RES 141-2021 File Number: 21-565 Enactment Number: RES 141-2021 RESOLUTION APPROVING THE SUCCESSOR MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 829, TEAMSTERS LOCAL 856 - MID MANAGEMENT UNIT, TEAMSTERS LOCAL 856 - CONFIDENTIAL UNIT, AND INTERNATIONAL UNION OF OPERATION ENGINEERS (IUOE) LOCAL 39 FOR JULY 1, 2021 - JUNE 30, 2022. WHEREAS, City staff and appointed negotiators met and conferred with the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and the International Union of Operation Engineers (IUOE) Local 39 over wages, hours, and terms and conditions of employment for a successor Memorandum of Understanding (MOU) with each group; and WHEREAS, negotiators reached tentative agreement with each unit within parameters established by Council, and the proposed agreement was approved by each unit's respective membership; and WHEREAS, the MOUs were prepared by the Human Resources Department, and has been approved as to form by the City Attorney, and incorporate the agreed upon terms for each respective unit; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves: A. The MOU between the City of South San Francisco and American Federation of State, County, and Municipal Employees (AFSCME) Local 829 dated July 1, 2021 through June 30, 2022, attached as Exhibit A. B. The MOU between the City of South San Francisco and Teamsters Local 856 Mid -Management Unit dated July 1, 2021 through June 30, 2022, attached as Exhibit B. C. The MOU between the City of South San Francisco and Teamsters Local 856 Confidential Unit dated July 1, 2021 through June 30, 2022, attached as Exhibit C. D. The MOU between the City of South San Francisco and International Union of Operation Engineers (IUOE) Local 39 dated July 1, 2021 through June 30, 2022, attached as Exhibit D. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager, or his designee, City of South San Francisco Page 1 File Number: 21-565 Enactment Number. RES 141-2021 to execute the MOU on behalf of the City, and to take all actions necessary or appropriate to carry out and implement the intent of this resolution. At a meeting of the City Council on 7/14/2021, a motion was made by Vice Mayor Nagales, seconded by Councilmember Flores, that this Resolution be approved. The motion passed. Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by � / /,- ( -?if Rosa G ea Acosta, City Clerk City of South San Francisco Page 2 EXHIBIT A The City of South San Francisco Memorandum of Understanding Between the American Federation of State, County, and Municipal Employees, Local 829 and the City of South San Francisco July 1, 2021 through June 30, 2022 EXHIBIT A American Federation of State, County, and Municipal Employees, Local 829 Memorandum of Understanding July 1, 2021 through June 30, 2022 Table of Contents Article Title Page 1 Preamble ................................................................................................................. 1 2 Union Rights .......................................................................................................... 1 2.1 Recognition .................................................................................................. 1 2.2 Union Dues .................................................................................................. 1 2.2.1 Use of Payroll Deductions ................................................................. 1 2.2.2 Amount of Deductions....................................................................... 1 2.2.3 Certification and Dues Deductions .................................................... 1 2.2.5 Suspension of Union Dues During Leave of Absence ...................... 1 2.2.6 Payroll Deduction Procedures ........................................................... 1 2.2.7 Notification of New Employees ........................................................ 1 2.2.8 Union Obligations.............................................................................. 2 2.3 AFSCME People .......................................................................................... 2 2.4 Authorized Union Representatives and Stewards ........................................ 2 2.4.1 Access ................................................................................................ 2 2.4.2 Stewards............................................................................................. 2 2.4.3 Employee Representation Rights ....................................................... 2 2.4.4 Access to Personnel File .................................................................... 3 2.4.5 Union Business Time......................................................................... 3 2.4 Bulletin Boards ............................................................................................ 3 2.5 Communication Center Employee Mailboxes ............................................. 3 3 Non-discrimination ................................................................................................. 3 4 Wages and Compensation ...................................................................................... 3 4.1 Wages ........................................................................................................... 3 4.1.1 Definitions ......................................................................................... 3 4.1.1.1 Base Pay ............................................................................... 3 4.1.1.2 Enhanced Pay ....................................................................... 3 4.2 Wage Rates................................................................................................... 3 4.3 Payment of Compensation ........................................................................... 4 4.4 Step Increases ............................................................................................... 4 4.4.1 Step Placement after Promotion ........................................................ 4 4.4.2 Step Placement after Demotion ......................................................... 4 4.4.2.1 Voluntary Demotion ............................................................. 4 4.5 Bilingual Incentive Pay ................................................................................ 4 4.5.1 Bilingual Incentive Pay for Communications Center ........................ 4 4.5.2 Bilingual Incentive Pay for Other Classifications ............................. 5 4.5.2.1 Testing and Compensation ................................................... 5 4.5.2.2 Translating ............................................................................ 5 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page ii July 1, 2021 through June 30, 2022 Article Title Page 4.5.2.3 Language Determination ...................................................... 5 4.5.2.4 Current Languages in Effect................................................. 5 4.5.2.5 Eligible Classifications ......................................................... 75 4.6 Longevity Pay Plan for Employees Hired Prior to July 1, 2012 .................. 5 4.6.1 Fifteen Years of Service .................................................................... 5 4.6.2 Twenty Years of Service ................................................................... 6 4.7 Standby Pay .................................................................................................. 6 4.7.1 Mandatory Standby ............................................................................. 6 4.7.2 Monthly Standby Compensation ....................................................... 6 4.7.2.1 7/1/2007 .............................................................................. 6 4.7.2.2 Holiday Standby ................................................................. 6 4.8 Certification Pay........................................................................................... 6 4.8.1 Amount .............................................................................................. 6 4.8.2 Limited Availability .......................................................................... 6 4.8.3Maintenance Requirement ................................................................... 6 4.8.4 Incentive Pay Effective Date ............................................................. 6 4.9 Temporary Assignment to Higher-level Position ........................................ 6 4.10 Hazardous Waste Inspection Assignment Pay ............................................. 7 4.11 Overtime Pay ................................................................................................ 7 4.11.1 Overtime Defined .............................................................................. 7 4.11.2 Overtime Records .............................................................................. 7 4.11.3 Minimum Overtime ........................................................................... 7 4.11.4 Overtime Compensation Rate ............................................................ 7 4.11.5 Compensatory Time .......................................................................... 7 4.11.6 Call-back Rate (except Communications Center employees) ........... 7 4.11.7 Training Time .................................................................................... 8 4.11.8 Court Appearance Time ..................................................................... 8 4.11.8.1 Minimum Time for Court Appearance on Scheduled Workday ............................................................................... 8 4.11.8.2 Minimum Time for Court Appearance on Non-scheduled Workday ............................................................................... 8 4.11.9 Overtime Assignments in the Communication Center ...................... 8 4.11.9.1 Overtime Assignments ......................................................... 8 4.11.9.2 Overtime Bidding ................................................................. 8 4.11.9.3 Per-diem Sign-ups ................................................................ 8 4.11.9.4 Mandatory Overtime ............................................................ 8 4.12 Communications Center Compensatory Time Off in Lieu of Paid Overtime ....................................................................................................... 8 4.13 Compensatory Time Cash -out 8 4.14 Dispatcher Education Incentive ................................................................... 8 4.14.1 Associate Degree ........................................................................... 9 4.14.2 Bachelor’s Degree ......................................................................... 9 4.15 Dispatcher POST Certification Incentive..................................................... 9 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page iii Article Title Page 4.15.1 Intermediate or Advanced POST Certificate ................................ 9 4.15.2 Eligibility and Written Notification .............................................. 9 4.16 Communications Center Special Assignment Incentive .............................. 9 4.17 Uniforms ...................................................................................................... 9 5 Health and Welfare Plans ....................................................................................... 9 5.1 Health Insurance Benefits ............................................................................ 9 5.2 Medical Insurance ........................................................................................ 9 5.2.1 Medical Insurance Plans .................................................................... 10 5.2.2 Payment of Premium Costs ............................................................... 10 5.2.2.1 Employee HMO Medical Premium Cost ............................ 10 5.2.2.2 Employee Non–HMO Medical Premium Cost ................... 10 5.2.3 Effective Date of Coverage ............................................................... 10 5.3 Dental Insurance........................................................................................... 10 5.3.1 Core Dental Plan ................................................................................ 10 5.3.2 Calendar Year Maximum .................................................................. 10 5.3.3 Orthodontia ........................................................................................ 10 5.3.4 Payment of Premium Costs ............................................................... 10 5.3.5 Effective Date of Coverage ............................................................... 10 5.3.6 Buy-Up Dental Plan........................................................................... 11 5.4 Vision Insurance........................................................................................... 11 5.4.1 Available Plan.................................................................................... 11 5.4.2 Payment of Premium Costs ............................................................... 11 5.4.3 Effective Date of Coverage ............................................................... 11 5.5 Discretionary Benefit Option ....................................................................... 11 5.5.1 Proof of Alternate Insurance.............................................................. 11 5.5.2. Exercising the Option ........................................................................ 11 5.6 Life Insurance and Accidental Death and Dismemberment Insurance ........ 11 5.6.1 Term Life Value ................................................................................ 11 5.6.2 AD&D Value ..................................................................................... 11 5.6.3 Payment of Premium Costs ............................................................... 11 5.6.4 Effective Date of Coverage ............................................................... 11 5.6.5 Supplemental Life Insurance ............................................................. 11 5.7 Disability Insurance Program ....................................................................... 12 5.7.1 Short-term Disability ......................................................................... 12 5.7.2 Long-term Disability ......................................................................... 12 5.7.3 Payment of Premium Costs ............................................................... 12 5.7.4 Effective Date of Coverage ............................................................... 12 5.8 Retirement Plans .......................................................................................... 12 5.8.1 Employee Contributions to the Retirement System ......................... 12 5.8.1.1 2.7% at Age 55 ................................................................... 12 5.8.1.2 2% at Age 60 ...................................................................... 12 5.8.1.3 2% at Age 62 ...................................................................... 12 5.8.2 Optional Provisions Added .............................................................. 12 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page iv July 1, 2021 through June 30, 2022 Article Title Page 5.8.3 Dispatch Retirement Legislation ...................................................... 12 5.9 Section 457 Deferred Compensation Plan ................................................... 12 5.10 Section 125 Plan ........................................................................................... 13 5.10.1 Premium Contribution ...................................................................... 13 5.10.2 Health Care Reimbursement ............................................................ 13 5.10.3 Dependent Care Reimbursement...................................................... 13 5.11 Deceased Employee Benefits ....................................................................... 13 5.11.1 City-provided Retiree Spouse Benefit ............................................ 13 5.11.2 Spouse-paid Benefit ........................................................................ 13 5.12 Payment of Unused Accumulated Sick Leave ............................................. 13 5.12.1 Eligibility ........................................................................................ 13 5.12.2 Rate Payable ................................................................................... 13 5.12.3 Time of Payment .............................................................................. 13 5.12.4 Hours Payable .................................................................................. 13 5.13 Retired Employee Health Benefits ............................................................... 13 5.13.1 Group Medical Insurance for Qualifying Retirees ......................... 13 5.13.2 Medical After Retirement Account (MARA) ................................. 14 5.13.3 Group Dental Insurance for Qualifying Retirees ............................ 14 5.13.4 Group Vision Insurance for Qualifying Retirees ............................ 14 5.14 Retirement Health Savings Plan .................................................................. 14 6 Hours of Work and Work Schedules ...................................................................... 14 6.1 FLSA Work Period ...................................................................................... 14 6.2 Normal Workweek ....................................................................................... 14 6.3 Normal Workday .......................................................................................... 15 6.4 Meal Periods and Breaks .............................................................................. 15 6.5 Clean-up Period for Maintenance Services Employees ............................... 15 6.6 Work Schedule ............................................................................................. 15 6.7 Alternate Workweek Schedules ................................................................... 15 6.8 Flexible Schedules ....................................................................................... 15 6.9 Schedule Changes ........................................................................................ 15 6.10 Work Schedules in Communications Center ............................................... 15 6.10.1 Communications Center Work Schedules ........................................ 15 6.10.2 Changes to Scheduled Workdays and Workweek ............................ 15 6.10.3 Meal and Rest Periods ...................................................................... 15 6.10.3.1 Meal Breaks ......................................................................... 15 6.10.3.2 Rest Periods ......................................................................... 16 6.10.3.3 Meal and Rest Periods Combined ....................................... 16 6.10.4 Shift Assignments ............................................................................. 16 6.10.5 Temporary Assignments ................................................................... 16 6.10.6 Shift Seniority ................................................................................... 16 6.10.7 Shift Bids .......................................................................................... 16 6.10.8 Shift Rotation .................................................................................... 16 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page v Article Title Page 6.10.9 Dispatcher Staffing ........................................................................... 16 6.10.9.1 Dispatch Schedule .............................................................. 16 7 Leaves ..................................................................................................................... 17 7.1 Holidays ....................................................................................................... 17 7.1.1 Discretionary Holiday ........................................................................ 17 7.1.2 Observed Holidays ............................................................................ 17 7.1.2.1 Full-day Holidays ................................................................. 17 7.1.2.2 Half-day Holidays ................................................................ 17 7.1.2.3 Day of Holiday Observation ................................................ 17 7.1.3 Holiday Compensation in the Communications Center .................... 17 7.1.3.1 Full-day Holidays ................................................................. 17 7.1.3.2 Half-day Holidays ................................................................ 18 7.1.4 Holiday Eligibility ............................................................................. 18 7.1.5 Day of National Mourning or Celebration ........................................ 18 7.1.6 Holiday Compensation for Employees on Injury or Illness or Sick Leave ................................................................................................. 18 7.2 Vacation ....................................................................................................... 18 7.2.1 Vacation Accrual Rates ..................................................................... 18 7.2.2 Vacation Scheduling .......................................................................... 18 7.2.2.1 Communications Center Vacation Scheduling ...................... 18 7.2.3 Maximum Vacation Accumulation ................................................... 19 7.2.3.1Vacation Cap Appeal ............................................................. 19 7.2.4 Vacation Cash Out ............................................................................. 19 7.2.5 Vacation Compensation ...................................................................... 19 7.3 Notification Procedures ................................................................................ 19 7.4 Bereavement Leave ...................................................................................... 19 7.4.1 Leave Amounts .................................................................................. 19 7.4.1.1 Leave Within California ........................................................ 20 7.4.1.2 Leave Outside California ....................................................... 20 7.4.2 Definition of Immediate Family for Bereavement Leave ................. 20 7.5 Sick Leave .................................................................................................... 20 7.5.1 Sick Leave Accrual Rate .................................................................. 20 7.5.2 Sick Leave Request .......................................................................... 20 7.5.3 Approval of Sick Leave Requests .................................................... 20 7.5.4 Verification of Injury or Illness........................................................ 20 7.5.5 Maximum Paid Sick Leave Time ..................................................... 20 7.5.6 Protected Leave ................................................................................ 21 7.6 Medical Appointment Leave ........................................................................ 21 7.6.1 Approval ............................................................................................ 21 7.6.2 Affidavit of Leave ............................................................................. 21 7.6.3 Leave Confirmation ........................................................................... 21 7.6.4 Medical Appointment Leave Charged to Sick Leave ........................ 21 7.6.5 Scheduling Medical Appointments ................................................... 21 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page vi July 1, 2021 through June 30, 2022 Article Title Page 7.7 Industrial Injury Leave ................................................................................. 21 7.7.1 Use of Accumulated and Unused Sick Leave ................................... 21 7.7.2 Workers’ Compensation Benefits ...................................................... 22 7.7.3 Credit for City Reimbursement ......................................................... 22 7.8 Military Leave .............................................................................................. 22 7.9 Maternity/Paternity and Child Bonding Leave ............................................ 22 7.10 Unpaid Leave of Absence ............................................................................ 22 7.10.1 Reinstatement Upon Return from Leave ........................................ 22 7.10.2 Failing to Return from Leave ......................................................... 22 8 Modified-duty Program .......................................................................................... 22 8.1 Modified-duty Program ................................................................................ 22 8.1.1 Purpose .............................................................................................. 22 8.1.2 Coverage ............................................................................................ 23 8.1.3 Determination/Required Reports ....................................................... 23 8.1.3.1 Assignments ......................................................................... 23 8.1.3.2 Medical Updates................................................................... 23 8.2 Modified-duty Assignment, Definition, and Restrictions ............................ 23 8.3 Holidays/Vacations During Light-duty Assignments .................................. 23 8.3.1 Observed Holidays ............................................................................ 23 8.3.2 Vacations ........................................................................................... 24 8.4 Return to Full Duty ...................................................................................... 24 9 Education Expense Reimbursement Program ........................................................ 24 9.1 Education Expense Reimbursement Program .............................................. 24 9.2 Reimbursement Amount .............................................................................. 24 9.3 Qualifying for Program ................................................................................ 24 9.3.1 Department Head Approval ............................................................... 24 9.3.2 Reimbursement Request .................................................................... 24 9.3.3 City Manager Approval ..................................................................... 24 9.3.4 Communications Center Personal and Professional Development Expense Reimbursement ..................................................................... 24 10 Recreational Facilities and Classes ........................................................................ 25 10.1 Admission to Classes ................................................................................... 25 10.1.1 Full-time Regular Employees .......................................................... 25 10.1.2 Part-time Regular Employees .......................................................... 25 10.2 Use of Facilities............................................................................................ 25 11 Replacement and Reimbursements ........................................................................ 25 11.1 Tool Replacement Costs .............................................................................. 25 11.1.1 Replacement Amount ....................................................................... 25 11.1.2 Reimbursements ............................................................................... 25 11.2 Safety Shoe Reimbursements ....................................................................... 25 12 Safety Program and Equipment .............................................................................. 26 12.1 Observation of Safety Rules and Regulations .............................................. 26 12.2 Safety Program ............................................................................................. 26 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page vii Article Title Page 12.3 Safety Equipment ......................................................................................... 26 12.4 Prescription Safety Glasses .......................................................................... 26 13 Dress and Uniform Policy ...................................................................................... 26 13.1 Communications Center Dress Policy ......................................................... 26 13.2 Maintenance Services Uniform Policy......................................................... 26 13.2.1 Purpose and Intent ............................................................................ 26 13.2.2 Work Clothing .................................................................................. 26 13.2.3 Wearing and Use of Work Clothing................................................. 26 13.2.4 Jackets and Sweatshirts .................................................................... 27 13.2.5 Repair or Replacement of Uniforms ................................................ 27 13.2.6 Dress Standards ................................................................................ 27 13.3 Protective Garments for Safety Inspectors ................................................... 27 14 Class A and B Driver’s Licenses ............................................................................ 27 14.1 Requirement ................................................................................................. 27 14.2 License Reimbursement Costs ..................................................................... 27 15 Personnel Practices ................................................................................................. 27 15.1 Transfer and Promotion................................................................................ 27 15.1.1 Transfer ............................................................................................ 27 15.1.2 Promotion ......................................................................................... 27 15.1.3 Flexible Staffing ............................................................................... 28 15.2 Time Off for Examination ............................................................................ 28 15.3 Employment Lists ........................................................................................ 28 15.3.1 Formal Request ................................................................................ 28 15.3.2 Failing to Respond ........................................................................... 28 15.3.3 Investigation Report ......................................................................... 28 15.3.4 Passed Over ...................................................................................... 28 15.4 Probationary Periods .................................................................................... 28 15.4.1 Probation Reinstatement and Re-employment ................................. 28 15.4.2 Probation Transfer ............................................................................ 28 15.4.3 Probation Promotion ........................................................................ 29 15.4.4 Rejection During Probationary Period ............................................. 29 15.5 Performance Appraisals ............................................................................... 29 15.6 Resignation and Reinstatement .................................................................... 29 15.6.1 Resignation ....................................................................................... 29 15.6.2 Reinstatement ................................................................................... 29 16 Reduction-in-Force, Layoff, and Re-employment ................................................. 30 16.1 Seniority ....................................................................................................... 30 16.2 Council Determination ................................................................................. 30 16.3 Order of Layoff ............................................................................................ 30 16.3.1 Hourly Employees ............................................................................ 30 16.3.2 Probationary Employees .................................................................. 30 16.3.3 Part-time Regular Employees .......................................................... 30 16.3.4 Full-time Regular Employees .......................................................... 30 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page viii July 1, 2021 through June 30, 2022 Article Title Page 16.4 Identical City Service ................................................................................... 30 16.5 Notice of Layoff ........................................................................................... 30 16.5.1 Bumping Rights ............................................................................... 30 16.5.1.1 Same Classification ........................................................... 30 16.5.1.2 Former Classification ........................................................ 31 16.6 Reassignment In Lieu of Layoff .................................................................. 31 16.6.1 Vacant Position in City .................................................................... 31 16.6.2 Former Classification ....................................................................... 31 16.6.3 Displacement .................................................................................... 31 16.6.4 Salary Placement .............................................................................. 31 16.7 Layoffs ......................................................................................................... 31 16.8 Layoff Re-employment and Reinstatement Lists ......................................... 31 16.8.1 Classification Reinstatement List ..................................................... 31 16.8.2 Re-employment List ......................................................................... 31 16.8.3 Length of Placement on List ............................................................ 31 16.8.4 Probationary Period .......................................................................... 32 17 Emergencies ........................................................................................................... 32 18 Notification ............................................................................................................. 32 19 Contracting Unit Work (except Communications Center employees) ................... 32 19.1 Contracting Work ......................................................................................... 32 19.2 Union Notification ....................................................................................... 32 19.3 Committee Review ....................................................................................... 32 19.4 Committee Results ....................................................................................... 32 19.5 Bid Process ................................................................................................... 33 20 Grievance Procedure for Disciplinary Matters ....................................................... 33 20.1 Definition of Grievance................................................................................ 33 20.2 General Conditions....................................................................................... 33 20.2.1 Extended Time Limits ...................................................................... 33 20.2.2 Failure to Comply with Time Limits ............................................... 33 20.3 Grievance Steps ............................................................................................ 33 20.3.1 Step 1: Immediate Supervisor (Problem Solving) ........................... 33 20.3.2 Step 2: Second-line Supervisor ........................................................ 33 20.3.3 Step 3: Response to Formal Grievance ............................................ 34 20.3.4 Step 4: Department Head ................................................................. 34 20.3.5 Step 5: City Manager ....................................................................... 34 20.3.6 Appeal of the City Manager’s Decision ........................................... 34 20.4 Appeal Rights ............................................................................................... 34 20.4.1 Level of Discipline ........................................................................... 34 20.4.2 Written Request ................................................................................ 34 20.4.3 Union Representation ....................................................................... 35 20.4.4 Selection of an Arbitrator ................................................................. 35 20.4.5 Payment of Costs ............................................................................. 35 20.4.6 Arbitrator Duty ................................................................................. 35 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page ix Article Title Page 20.4.7 Arbitration Decision ......................................................................... 35 21 Severability ............................................................................................................. 35 22 Agreement, Modification, or Waiver ..................................................................... 36 22.1 Full and Entire Agreement ........................................................................... 36 22.2 Written Modification Required .................................................................... 36 22.3 Waiver .......................................................................................................... 36 23 Signatures ............................................................................................................... 37 Appendix A Full-time Regular and Part-time Regular Employee Classifications ...................... 38 B Incentive Pay by Classification .............................................................................. 40 C Certification Pay ..................................................................................................... 42 D Expense Reimbursements by Classification .......................................................... 45 E Salary Schedule ...................................................................................................... 47 F Labor Management Committee .............................................................................. 49 EXHIBIT A City of South San Francisco American Federation of State, County, and Municipal Employees (AFSCME), Local 829 Memorandum of Understanding July 1, 2021 through June 30, 2022 Article 1. Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereinafter designated as City and the American Federation of State, County, and Municipal Employees, Local 829, hereinafter designated as Union as a mutual agreement of those wages, hours, and conditions of employment which are to be in effect during the period of July 1, 2021 through June 30, 2022, for those employees working in classifications in the representative unit referred to in Appendix A of this Memorandum of Understanding (MOU). Article 2. Union Rights 2.1. Recognition—The City recognizes the American Federation of State, County, and Municipal Employees, Local 829 as the employee organization representing the employees in this unit, which consists of all employees in the classifications identified in Appendix A and as may be added to the unit by the City during the term of this agreement. 2.2. Union Dues— 2.2.1. Use of Payroll Deduction—The Union shall have the privilege of using the City’s payroll system for the purpose of deducting Union dues and other lawfully permitted deductions from employees’ pay for whom the Union is the recognized majority representative employee organization. 2.2.2. Amount of Deductions—The City shall withhold dues and other lawfully permitted deductions in such amounts as are officially prescribed by the Union or are otherwise established by the terms of this Memorandum of Understanding. 2.2.3. Certification and Dues Deductions—The City shall withhold Union dues and/or other lawfully permitted deductions from the salary of an employee and remit withholdings to the Union, provided that the Union certifies in writing to the City that the Union has and will maintain each employee’s authorization for such deductions. 2.2.4. Suspension of Union Dues During Leave of Absence—An employee on unpaid leave of absence for a period of 30 calendar days or more shall not be required to pay Union dues during the period of the employee’s leave. 2.2.5. Payroll Deduction Procedures—The effective date of withholdings, time of remitting withholding to the Union, and all procedural matters shall be as mutually acceptable to the Union and the City, provided that the City’s payroll system and its operations are not thereby disrupted. 2.2.6. Notification of New Employees—The City shall notify the Union of the name, classification and date of hire of each new employee appointed to a position covered by this memorandum. Notice shall be provided to the Union within 30 working days of hire. Notice of new hire orientations shall be provided to the Union at least 10 days Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 2 July 1, 2021 through June 30, 2022 prior to the date of new hire orientation for unit members. The City will provide a half hour for the Union to present to bargaining unit members at new hire orientation or alternatively to meet with new hire. 2.2.7. Union Obligations—The Union shall file with the City such financial reports as are prescribed in the Government Code Section 3502.5. The Union shall indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs, or expenses including all attorney’s fees and costs of defense in actions against the City, its officials, employees, or agents which may arise out of the City’s compliance with the provisions of this section. 2.3. AFSCME People—The City agrees to deduct voluntary contributions to Public Employees Organized to Promote Legislative Equality (PEOPLE) from the pay of those employees who request, in writing, on a form supplied by the Union and approved by the City, that such deductions be made. The amount to be deducted shall be determined by the employee except that there shall be a minimum deduction of two ($2.00) per month. The employee may revoke his/her authorization for voluntary deductions at any time by giving written notice to both the City and the Union. The City agrees to remit any deductions made pursuant to this provision promptly to the Union together with an itemized statement showing the name of each employee from whose pa y such deductions have been made and the amount deducted during the period covered by the remittance. 2.4. Authorized Union Representatives and Stewards— 2.4.1. Access—An authorized representative of the Union shall have the right to contact an individual employee represented by the Union in a City facility during the employee’s work hours on matters concerning wages, hours and other conditions of employment. The authorized representative shall provide reasonable notice to the employee’s immediate supervisor prior to entering the work location of the employee. The employee’s immediate supervisor shall have the right to make arrangement for a contact location and/or contact time, which are the least disruptive to the employee’s work assignments and departmental operations. 2.4.2. Stewards—The Union shall be allowed to designate a reasonable number of employees as stewards. Stewards shall be granted reasonable release time off without loss of time or pay for the purpose of investigating and handling employee grievances. Steward release time shall be scheduled by mutual agreement between the employee and the employee’s immediate supervisor. 2.4.3. Employee Representation Rights—An employee who is required to meet with a supervisor or management official and who reasonably expects that the meeting will involve questioning leading to potential disciplinary action, shall have the right to have a steward or authorized Union representative present at the meeting. The City shall provide the employee with enough information about the meeting in advance so that they can determine whether or not they want to ask for representation at that meeting. In the event that an employee requests the presence of a representative, the representative shall be contacted to arrange a mutually acceptable time and place for the meeting. Once scheduled, the supervisor or management official shall not be required to reschedule the meeting for the convenience of the representative. If the Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 3 representative is not available in a reasonable period of time, the employee must locate an alternative representative. 2.4.4. Access to Personnel File—An employee or, upon presentation of an original signed written authorization from an employee, an employee’s representative shall have access to the employee’s personnel file. 2.4.5. Union Business Time—Generally Union business shall not be conducted during employees’ working hours. The Union may request permission to conduct Union business during employees’ working hours for specific purposes and specific times. Such requests must be presented to the department head affected and may be approved by such department head, when such activity does not interfere with departmental operations. 2.5. Bulletin Boards—The City will furnish adequate space on designated bulletin boards in the employees’ work places for the exclusive use of the Union. The Union shall not post anything of a discreditable nature to the City or its employees or offensive to members of the general public or other visitors to the City facilities. The Union shall be responsible for maintaining the bulletin boards in an orderly condition and shall promptly remove outdated materials. 2.6. Communications Center Employee Mailboxes—The Union may use each employee mailbox in the communications center. Article 3. Non-discrimination Neither the City nor the Union will discriminate against a person covered by this Memorandum of Understanding because of his or her exercise of rights under the MOU or his or her union activities or failure to participate in union activities. Article 4. Wages and Compensation 4.1. Wages— 4.1.1. Definitions— 4.1.1.1. Base Pay—Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 4.1.1.2. Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay and incentive pay such as longevity, bilingual, education, and special assignment pay. Enhanced pay does not include acting pay or other temporary assignment pay. Each incentive pay will be computed on base pay. The sum of the base pay plus each incentive is the enhanced pay. 4.2. Wage Rates— All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective date as follows: • Effective in the first full pay period of July or in the first full pay period following ratification and approval, whichever is later, bargaining unit member salaries shall be increased by three percent (3.0%). There will be no retroactive across-the-board base pay adjustments. 4.3. Payment of Compensation—Each employee shall be compensated on a biweekly basis. Payment will normally be made on the Thursday immediately following the conclusion of Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 4 July 1, 2021 through June 30, 2022 a payperiod. A City payperiod consists of 14-calendar days and begins on a Friday, which is the first day of a payperiod and ends on a Thursday, which is the last day of a payperiod. Employees who are on continuous paid regular service for a partial payperiod shall receive pro-rated compensation for the payperiod that the employee was on continuous paid regular service. An employee on continuous paid regular service shall be an employee who is on a regular employment status within the City in a classification covered by this Memorandum of Understanding. Continuous paid regular service excludes all unpaid leaves of absence of an employee and excludes the period of time the emplo yee is not in a regular employment status with the City. 4.4. Step Increases—Each employee shall complete the following time at each step of the salary schedule applicable to the classification, prior to being moved to the next step. Step A—From date of hire to completion of 6-calendar months of employment. Step B—One full year. Step C—One full year. Step D—One full year. Step E—Final step. 4.4.1. Step Placement after Promotion—When employees are promoted, they shall receive not less than the equivalent of a one-step, 5% salary increase. 4.4.2. Step Placement after Demotion—When an employee is demoted, whether such demotion is voluntary or otherwise, the employee’s compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted. Unless otherwise afforded, the specific rate of pay within the range shall be determined by the City Manager. However, an employee demoted as a result of an abolition of a position shall be placed at the step in the lower classification which most closely approximates, but does not exceed, the employee’s salary in the higher classification. 4.4.2.1. Voluntary Demotion—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 in which the employee last held, and the service time at such step shall be the same as the service time held previously at such step. 4.5. Bilingual Incentive Pay— 4.5.1. Bilingual Incentive Pay for Communications Center—An employee who has demonstrated to the department head’s satisfaction proficiency in speaking/communicating in a second language that is spoken by a significant proportion of the South San Francisco population, as identified but not limited to those indicated in Appendix B of this Memorandum of Understanding, shall be compensated at an amount 5% higher than the employee’s base hourly rate of pay. Such compensation shall commence when the employee has passed a qualifying examination demonstrating proficiency in the second language. 4.5.2. Bilingual Incentive Pay for Other Classifications— Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 5 4.5.2.1. Testing and Compensation—An employee who has tested, using the City’s standard bilingual testing procedures, and demonstrated to the department head’s satisfaction proficiency in speaking a second language, shall be compensated at an amount 2.5% higher than the employee’s base hourly rate of pay. Such compensation shall commence the next payperiod after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. To be eligible to participate in this program, employees must speak a second language used by a segment of South San Francisco population. Once an employee qualifies as speaking a second language the employee will receive bilingual pay, even if the population changes and a significant segment no longer speaks the language. 4.5.2.2. Translating—Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be required to act as translator at worksites other than their primary work location. 4.5.2.3. Language Determination—Languages that are spoken in South San Francisco will be determined by reviewing the demographic data from the local school district. The Director of Human Resources and the Union will then meet once a year to determine the languages that qualify under this section; American Sign Language is considered a second language. 4.5.2.4. Current Languages in Effect—The following languages shall qualify for an employee to receive the Bilingual Incentive Pay under this section. • Spanish • Tagalog • Mandarin • Cantonese • American Sign Language 4.5.2.5. Eligible Classifications—Positions eligible for bilingual incentive pay must be those that have regular contact with the public. Those classifications that would be eligible are identified in Appendix B of this Memorandum of Understanding and include any title changes that may occur during the life of this Memorandum of Understanding. 4.6. Longevity Pay Plan for Employees Hired Prior to July 1, 2012—Full-time and part-time regular employees hired prior to July 1, 2012 shall receive longevity pay in accordance with the following schedule. 4.6.1. Fifteen Years of Service—After 15 years of service, 1.5% will be added to the employee’s base hourly rate of pay. 4.6.2. Twenty Years of Service—After 20 years of service, in addition to above, another 1.0% of pay will be added to the employee’s base hourly rate of pay. Longevity Pay is not available for employees hired on or after July 1, 2012. 4.7. Standby Pay—According to Public Works departmental policy, 2 employees shall be on standby each week. Employees in those classifications that meet the departmental standards will be eligible to receive standby pay, regardless if they are in the Street Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 6 July 1, 2021 through June 30, 2022 Division, as long as they have gone through Departmental training, spent at least 6 months in the Sewer Department, and meet all departmental qualifications. 4.7.1. Mandatory Standby—Only those employees hired, including promotions and transfers into designated positions on or after 7/1/2000 shall be required to take standby. 4.7.2. Monthly Standby Compensation—Compensation for standby shall be as follows: 4.7.2.1. 7/1/2007—Employees taking standby beginning 7/1/2017 shall receive $500 per week for each week they are on standby. 4.7.2.2. Holiday Standby—An employee taking standby, who is called to return to work on a holiday (midnight to midnight of the actual holiday), shall receive a minimum of 4 hours of compensation at 1.5 times the employee’s base hourly rate of pay. 4.8. Certification Pay—Employees who obtain and maintain certification as identified in Appendix C may receive certification pay. 4.8.1. Amount—2.5% of base pay for the first certification and additional 1% for any additional certification, up to a maximum of 8% for all certifications combined. 4.8.2. Limited Availability—Where the number of certifications is limited, the department head will decide which employee shall receive the certification pay. The decision will be based on the employee’s classification, job description and seniority. Preference will be given to employees who already possess the certification and who are already performing the work for which the certification pay is available. If there are more employees performing the work and who possess the certification than there are available slots for certification pay, the employee who has held the certification for the longest period of time while employed in a classification for which certification pay is available shall receive the certification pay. 4.8.3. Maintenance Requirement—Employees must maintain valid and updated certification at all time when receiving certification pay. Any employee receiving certification pay must perform the job duties for which the certification was granted whenever required to do so by the employee’s supervisor. Employees who are not performing the work for which the certification pay was granted will not receive certification pay. Circumstances causing certification pay to end may include, but are not limited to, changes in assignment, job duties, or leaves of more than 30 days. 4.8.4. Incentive Pay Effective Date— Once the criteria has been met and approved, a Personnel Action Form indicating that the employee is eligible for incentive pay will be generated, with an effective date being the first day of the next payperiod. 4.9. Temporary Assignment to Higher-level Position (Acting Assignments)—An employee who is assigned to perform and who does perform the duties of a higher-paying classification, shall receive additional compensation for each day so served at the rate of pay for which the employee would qualify, if the employee were to be promoted to the higher-level classification. Acting assignments will normally be 6 months or less. In the event that the assignment is anticipated to or actually does extend beyond 6 months, City will notify the union regarding the circumstances requiring the extended assignment. Where operationally feasible, assignments of 6 months or longer will be rotated among similarly qualified employees. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 7 4.10. Hazardous Waste Inspection Assignment Pay—An employee in the Public Works Maintenance Worker job classification series or Parks Maintenance Worker job classification series assigned the responsibilities of maintaining and inspecting the Hazardous Waste Storage Locations within the City Corporation Yard shall be compensated at 5% above the employee’s base hourly rate of pay for which the employee otherwise qualifies for the duration of the assignment. Only one employee shall be assigned these responsibilities and eligible for the incentive; except as this assignment may be changed or rotated by management staff. 4.11. Overtime Pay—This section applies to non-exempt employees. 4.11.1. Overtime Defined—Overtime work is authorized work in excess of a full-time employee’s normal work schedule. For part-time employees, overtime work is authorized work in excess of forty (40) hours in one workweek. Paid leave hours shall be considered as hours worked for the purposes of overtime pay. 4.11.2. Overtime Records—Records of overtime worked shall be maintained in accordance with procedures established by the department head. 4.11.3. Minimum Overtime—No form of overtime payment shall be made where overtime worked prior to the beginning of an employee’s normal work period or following completion of an employee’s normal work period is less than 12-minutes duration. 4.11.4. Overtime Compensation Rate—Each employee shall be compensated for overtime worked or fractions thereof, at 1.5 times the employee’s enhanced hourly rate of pay as the overtime hourly rate. 4.11.5. Compensatory Time—Employees may, at their option, receive pay for such overtime hours or may accumulate compensatory time at the rate of 1.5 times to an equivalent maximum of 80 hours in lieu of pay for such overtime, and take the overtime as compensable time off. However, anyone wishing to use compensatory time as leave must give 3-days notice of the desire for such time off and the time off must be taken under such conditions as will not interfere with the minimum staffing and continued function of their particular department or operation. 4.11.6. Call-back Rate This section does not apply to Communications Center employees unless they are being called in on their regular day off.)—An employee who is not physically on the City’s premises and who is called to work at a time which is not the employee’s normally scheduled time shall be paid a minimum of 3 hours for each call back occurrence. Call back time 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 subsequent normally-scheduled work shift, whichever occurs first. If the employee is on the City’s premises at the time the employee is called back to work, the employee shall be entitled to overtime for time actually worked, but will not be entitled to a guaranteed 3-hour minimum. 4.11.7. Training Time—An employee who works in excess of the normal workweek as the result of attending training sessions required by the department head, shall be compensated at 1.5 times the employee’s enhanced hourly rate of pay for time spent in such training sessions that exceeds the normal workweek. 4.11.8. Court Appearance Time—An employee who is required to appear in court in an official capacity, shall be compensated at the rate of 1.5 times the employee’s enhanced Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 8 July 1, 2021 through June 30, 2022 hourly rate of pay for time spent in such court appearances when the court appearance does not occur during the employee’s normally scheduled hours of work. 4.11.8.1. Minimum Time for Court Appearance on Scheduled Workday—An employee who is required to appear in court in an official capacity at a time not during the employee’s regularly scheduled work hours, but is on a day the employee is scheduled or has volunteered to work, shall receive a minimum of 3 hours of overtime compensation for such a court appearance. 4.11.8.2. Minimum Time for Court Appearance on Non-scheduled Workday—An employee who is required to appear in court in an official capacity at a time not during the employee’s regularly scheduled hours of work nor is it on a day that the employee is scheduled or has volunteered to work, shall receive a minimum of 4 hours of overtime compensation for such a court appearance. 4.11.9. Overtime Assignments in the Communication Center—The department head shall make such scheduled and non-scheduled overtime assignments as are necessary to the effective operations of the communications center. The department head will use the following guidelines in making overtime assignments: 4.11.9.1. Overtime Assignments—In cases of overtime resulting from unscheduled absences of less than 72 hours notice, the department may fill the overtime shift with per diem employees or any employee readily available to cover the overtime shift. 4.11.9.2. Overtime Bidding—In the case of scheduled overtime shifts, employees shall be allowed to bid for overtime assignments by seniority, on a voluntary basis. 4.11.9.3. Per-diem Sign-ups—Per-diem employees may fill any overtime hours that are not filled by voluntary sign-ups of regular City employees. 4.11.9.4. Mandatory Overtime—If the overtime assignments cannot be filled by voluntary sign-ups or by per diem employees, employees will be assigned to fill the overtime on a mandatory basis. 4.12. Communications Center Compensatory Time Off in Lieu of Paid Overtime—Each employee may accumulate up to a maximum of 100 hours of compensatory time at any given time, in lieu of employee receiving pay for overtime worked. Compensatory time shall be earned on the basis of 1.5 times the number of overtime hours worked and all compensatory time off shall be requested and scheduled in accordance with the rules and regulations prescribed by the department head. 4.13. Compensatory Time Cash-out ––Employees shall not be permitted to cash out compensatory time except as provided by law. 4.14. Dispatcher Education Incentive—This educational incentive is available only for communication center employees. It is the employee’s responsibility to submit written verification and notification to the employee’s department head requesting the Education Incentive and it will not be retroactive if the written notice has not been submitted and received in compliance with departmental policy. 4.14.1. Associate Degree—An employee who has completed 2-full years of employment and who has an Associate degree or higher in any field or 60 -accredited units in any field or a field related to the employee’s position shall be compensated at 2.5% above Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 9 the employee’s base hourly rate of pay for which the employee otherwise qualifies pursuant to the provisions of this memorandum. 4.14.2. Bachelor’s Degree—Effective 7/1/2000, an employee who has completed 2-full years of employment and who has a bachelor’s degree or higher in any field shall be compensated at 5% above the employee’s base hourly rate of pay for which the employee otherwise qualifies pursuant to the provisions of this m emorandum. In no case, shall an employee be eligible to receive more than 5% education incentive. 4.15. Dispatcher POST Certification Incentive— 4.15.1. Intermediate or Advanced POST Certificate—An employee who has successfully completed probation and who possesses an Intermediate or Advanced Police Officer’s Standards and Training (POST) Public Safety Dispatcher certificate shall be compensated at a rate 1% of the employee’s base hourly rate for an Intermediate certificate or 2.5% for an Advanced certificate. 4.15.2. Eligibility and Written Notification—It is the employee’s responsibility to submit written notification to the Police Department’s Training Manager, upon the date of eligibility, requesting the education or certification incentive. The employee will not be entitled to retroactive pay if the written notice has not been submitted and/or received as in compliance with POST certification requirements. 4.16. Communications Center Special Assignment Incentive—A communications center employee who is assigned by the department head to the Police Records Division, Warrants or Training shall be compensated at 5% above the employee’s base hourly rate of pay for which the employee otherwise qualifies for the duration of the special assignment. 4.17. Uniforms— Except for employees who are New Members as defined by PEPRA, the monetary value for the purchase of uniforms and the maintenance through the City- contracted uniform company is reportable to PERS as special compensation. This excludes items that are for personal health and safety such as protective garments and safety shoes. Article 5. Health and Welfare Plans 5.1. Health Insurance Benefits—Regular employees shall be eligible to receive insurance benefits currently provided by the City through the contracts with insurance carriers or self-insurance programs. Effective 7/1/2000, part-time regular employees will be eligible to receive pro-rated health benefits. 5.2. Medical Insurance—Employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the medical plans the City has with the carriers, subject to the terms and conditions of the City’s contract with the providers. Should the City determine that a change in medical plan providers is warranted, it may establish a committee, comprised of one union representative from each bargaining unit, to assist in assessing a change in plan providers. 5.2.1. Medical Insurance Plans—Subject to the terms and conditions of the City’s contracts with medical insurance carriers, employees shall be permitted to select Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 10 July 1, 2021 through June 30, 2022 medical insurance coverage for themselves and their eligible dependents from one of the following plans: • Kaiser Permanente • Blue Shield of California. 5.2.2. Payment of Premiums Costs—The City shall pay the premium cost for employees and their dependents to the insurance provider for the plan selected by each employee. 5.2.2.1. Employee HMO Medical Premium Cost— All full-time regular employees on the City's medical plans shall contribute an amount equal to 10.0% of the HMO premium cost based on plan choice and category of coverage (single, two, family). Part-time regular employees will continue to receive pro-rated health benefits and pay their share of the HMO medical premium as provided in Section 5.1. 5.2.2.2. Employee Non-HMO Medical Premium Cost—In addition to the HMO premium share, employees enrolled in more expensive plans pay the difference between the HMO rate and the other premium rates based on plan choice and coverage size (single, two, family). 5.2.3. 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 th e employee is on paid status prior to separation from employment with the City. Dependent coverage shall terminate on the date prescribed by each medical insurance carrier’s contract for discontinuance of dependents no longer eligible for coverage. 5.3. Dental Insurance— 5.3.1. Core Dental Plan—Employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City’s contract with the provider. 5.3.2. Calendar Year Maximum—The annual benefit maximum is $1,500. 5.3.3. Orthodontia—The lifetime orthodontia coverage is $1,000 for eligible dependents. 5.3.4. Payment of Premium Costs—The City shall pay the premium costs for employees and their dependents to the insurance provider. 5.3.5. 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. 5.3.6. Buy-up Dental Plan—Subject to the terms and conditions of the City’s contract with the provider, employees may participate in an enhanced dental plan by paying the additional coverage costs over the core dental plan. 5.4. Vision Insurance— 5.4.1. Available Plan—Employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City’s contract with the provider. The provided plan is Vision Service Plan, Plan B, with a $10 co-pay. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 11 5.4.2. Payment of Premium Costs—The City shall pay the premium costs for employees and their dependents to the insurance provider. 5.4.3. 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. 5.5. Discretionary Benefit Option—. An employee may elect to receive deferred compensation monies and to have the City pay $550 per month into the employee's deferred compensation account in lieu of medical, dental, and vision benefits. If an employee exceeds the deferred compensation annual maximum contribution limit, any remaining City contributions will be made the employee’s Medical After Retirement Account (MARA). 5.5.1. 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. 5.5.2. 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 rejoin the City’s health plans once each year during the open enrollment or at another time during the year provided the employee has a qualifying event and submits requisite paperwork within 30 days of the qualifying event. 5.6. Life Insurance and Accidental Death and Dismemberment Insurance— 5.6.1. 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 of $50,000. 5.6.2. 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 has a maximum benefit value of $50,000. 5.6.3. Payment of Premium Costs—The City shall pay the premium costs for employees to the insurance provider. 5.6.4. 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. 5.6.5. Supplemental Life Insurance—Subject to the terms and conditions of the City’s contract with the provider, employees may purchase supplemental life insurance at their own cost through the City’s life insurance plan. 5.7. Disability Insurance Program—Subject to the terms and conditions of the City’s contract with the provider, only 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. 5.7.1. Short-term Disability—After a 20-calendar day waiting period, an employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until LTD benefit begins. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 12 July 1, 2021 through June 30, 2022 5.7.2. Long-term Disability—After a 90-calendar day waiting period, an employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 5.7.3. Payment of Premium Costs—The City shall pay the premium costs for medical, dental, vision, and life insurance for employees to the insurance providers. 5.7.4. 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. 5.8. Retirement Plans—Retirement benefits shall be those established for miscellaneous employees by the Federal Social Security Act providing Old Age and Survivor’s Insurance and the Public Employees’ Retirement System (PERS). 5.8.1. PERS Miscellaneous Retirement Formula— 5.8.1.1. 2.7% at Age 55—Classic Members as defined by CalPERS who were hired before April 24, 2010 will be provided a retirement benefit formula of 2.7% at age 55 with one-year final compensation. 5.8.1.2. 2% at Age 60—Classic Members as defined by CalPERS who were hired on or after April 24, 2010 will be provided a retirement benefit formula of 2% at age 60 with 3-year final compensation. 5.8.1.3. 2% at Age 62—New Members as defined by PEPRA who are hired on or after January 1, 2013 will be provided a retirement benefit formula of 2% at age 62 with 3-year final compensation. 5.8.2. Employee Contributions to Retirement System—The rate prescribed by the Social Security Act for employee contributions shall be deducted from the pay by the City and forwarded to the system in accordance with the rules and regulations governing such employee contributions. The PERS amount is 8% of reportable income as defined by PERL for the Miscellaneous Classic Employees and 50% of normal cost for the new members in accordance with the rules and regulations governing such contributions. 5.8.3. Optional Provisions Added—An employee who has served in the military may be eligible for Military Service Credit, as authorized by the Government Code. 5.8.4. Dispatch Retirement Legislation—Provide for “safety” category retirement program changes for communication dispatchers if PERS legislation is enacted. 5.9. 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. 5.10. 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. Effective 7/1/2000 part-time regular employees are eligible to participate in this benefit. 5.10.1. Premium Contribution—Participants may pay premium contributions for employee and/or dependent coverage under the City's health care coverage plan(s) on a pre-tax basis. 5.10.2. Health Care Reimbursement—This program is available for out-of-pocket unreimbursed health care expenses as allowed under the Plan. 5.10.3. Dependent Care Reimbursement—This program is available for out-of-pocket unreimbursed dependent care expenses as allowed under the Plan. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 13 5.11. Deceased Employee Benefits—The City will provide up to 1 year of City-paid medical coverage to the spouse of an active employee who dies. 5.11.1. City-provided Retiree Spouse Benefit—The City will provide up to 2 months of City-paid medical coverage to the spouse of a retired employee upon the retiree’s death. 5.11.2. Spouse-paid Benefit—The City will allow the spouse of a deceased employee or retiree the option to purchase medical insurance from a City-provided medical, dental, or vision plan at the City’s premium rate, provided that the employee/retiree and spouse were be enrolled in the health plan prior to retirement; there is no cost to the City; the health provider does not require a City contribution; and the City is held harmless if the coverage is discontinued. 5.12. Payment of Unused Accumulated Sick Leave— 5.12.1. Eligibility— Upon death, receipt of a disability retirement, or concurrent full service retirement with CalPERS and the City with a minimum ten years of continuous City employment at the time of retirement, an employee shall be paid for half of the accumulated sick leave at the time of disability or service retirement, or death. 5.12.2. Rate Payable—Payment of unused accumulated sick leave hours for eligible employees shall be made at the employee’s enhanced hourly rate of pay. 5.12.3. Time of Payment—Payment may be made at the time of an employee’s separation or may be deferred to the first payroll period in the calendar year immediately following, at the option of the payee. 5.12.4. Hours Payable—An eligible employee shall receive payment for 50% of the unused sick leave hours on record, up to a maximum of 1,200 recorded hours with a payable amount of no more than 600 hours. 5.13. Retired Employee Health Benefits— 5.13.1. Group Medical Insurance for Qualifying Retirees—An employee who was hired on or prior to April 24, 2010 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. Former part-time employees eligible for this benefit will receive a pro-rated retiree medical contribution based on the average budgeted hours of their former position during their final two years of City service. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that un -retires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 14 July 1, 2021 through June 30, 2022 5.13.2. Medical After Retirement Account (MARA)—An employee who was hired after April 24, 2010 will not be eligible to participate in the Retiree Medical Insurance program described in 5.14.1. Instead, the City will contribute one and one-half percent (1.5%) of such an employee’s base salary toward a Medical after Retirement Account (e.g. VEBA or similar City-sponsored plan). 5.13.3. Group Dental Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 5.13.4. Group Vision Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. 5.14. Retirement Health Savings Plan—Employees are eligible to participate in the Vantagecare Retirement Health Savings Program (“RHS Plan”) established pursuant to the RHS Plan and Trust Document of the City of South San Francisco. Such participation is dependent on the establishment of participation rules. Article 6. Hours of Work and Work Schedules 6.1.FLSA Work Period—The FLSA standard work period is a seven-day work week that begins at 12:01 am Friday and ends at 12:00 midnight the following Thursday. Any exceptions to this work period will be documented and maintained on a list shared between the Human Resources Department and the Union. Nothing in this provision is intended to affect the right of any employee to overtime pursuant to the terms of this MOU. 6.2. Normal Workweek—The typical full-time regular workweek shall consist of 5-consecutive 8-hour days. In the Library, work days may not be consecutive. 6.3. Normal Workday—Eight-consecutive hours of work shall constitute a full-time regular work shift except that they may be interrupted by a lunch break. All employees shall be scheduled to work on a regular work shift; and each work shift shall have a regular starting and quitting time. 6.4. Meal Periods and Breaks—Employees in field positions in the appropriate divisions will be granted a 30-minute unpaid meal period at the approximate mid-point of the work shift. 6.5. Clean-up Period for Maintenance Services Employees—In addition, the maintenance employees will receive a paid 10-minute clean-up period for a combined total of 40 minutes, including travel. The morning and afternoon break periods of 15 minutes each will be taken at the job site unless another location is approved by the supervisor. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 15 6.6. Work Schedule—Work schedules showing the employee’s shifts, workdays, and hours shall be posted on the employee bulletin boards or at their service desk at all times. Work assignments and shift changes will be made at the beginning of the week during which a shift change is required, except in emergencies or if the affected employee agrees to such a change at another time during the regularly assigned work shift. The typical work week is Monday through Friday, except in the library where the work week is Friday through Thursday. 6.7. Alternate Workweek Schedules—For the purposes of the Library and for those departments continuously operating, or with hours of business that are open more than a normal business day, or for employees who work alternate workweeks, those employees shall work a schedule that is consistent with those hours. 6.8. Flexible Schedules—Upon the approval of the department head, an employee may arrange to work a flexible work schedule. This schedule may provide for a starting time other than the normal starting time on each workday and a quitting time other than the normal quitting time on each workday and it must not exceed 80 hours in a payperiod or, for FLSA purposes, more than 40 hours in a 7-day consecutive work period. 6.9. Schedule Changes—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 representatives. 6.10. Work Schedules in the Communications Center— 6.10.1. Communication Center Work Schedules—The department head shall schedule employees’ workdays and workweeks, including shift assignments as necessary. 6.10.2. Changes to Scheduled Workdays and Workweek—The City shall meet and confer, but not necessarily agree, with the Union on any proposed changes to the length of the workday or the numbers of days per week employees are normally scheduled to work . 6.10.3. Meal and Rest Periods— 6.10.3.1. Meal Breaks—An employee will be granted a meal break away from the workstation of 30-minutes duration, provided that sufficient coverage of the work station is available. Employee’s time on authorized meal breaks shall be considered as time worked. 6.10.3.2. Rest Periods—When workload permits, employees may be allowed to take an informal up to a 15-minute rest break within the workstation. Employee’s time on such rest breaks shall be considered as time worked. The department will provide a rest break when a unit member has served an additional half shift of overtime, provided that staff is reasonably available to cover the break period. 6.10.3.3. Meal and Rest Periods Combined—Provided that sufficient coverage of the work station is available among dispatchers and supervising dispatchers, an employee may be allowed to combine the 15-minute rest break with the meal break, for a total 45-minute meal break. 6.10.4. Shift Assignments—The department head shall assign employees to shifts as necessary for the effective operations of the Communication Center. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 16 July 1, 2021 through June 30, 2022 6.10.5. Temporary Assignments—The department head may temporarily reassign an employee to another shift when it is necessary to accommodate temporary employee shortages. 6.10.6. Shift Seniority—Every 6 months or 1 year by mutual agreement, communications dispatchers will be allowed to select a shift based upon seniority within rank. 6.10.7. Shift Bids—When bidding on shifts for a year, employees shall be allowed to bid for their preferred shift assignments no later than December of each year for shift assignments to become effective in January and July. When bidding on shifts for six months, employees shall be allowed to bid for their preferred shift assignments no later than December to become effective in January, and in June to become effective in July. Seniority within classification will be given priority in assigning employees their preferred shifts, provided that the operating needs of the communication center have been reasonably met. The shift schedules to become effective in January and July respectively will normally be posted 4-calendar weeks prior to becoming effective. 6.10.8. Shift Rotation—No unit member shall be allowed to select from the same shift group for more than 3-consecutive bid periods or 18 months, whichever is shorter. The groups as defined, are day shifts, swing shifts, and night shifts. The supervising communications dispatchers will also select shifts in the same ratio as the available shifts, working up to three consecutive 6-month periods on one of the two shifts available to them before they must work one 6-month period on another shift. 6.10.9. Dispatcher Staffing— 6.10.9.1. Dispatch Schedule—It is the intention of the parties to maintain a dispatch schedule during this contract which takes into consideration the following conditions: • minimum staffing must be met at all times; • the schedule shall not have built-in overtime hours; • the goal is to schedule Dispatchers four 10-hour days; and • the FLSA work period will be modified as needed in order to ensure that FLSA overtime is not unintentionally created, and the parties will review and revise FLSA work periods whenever a change to the schedule occurs in order to prevent the creation of FLSA overtime when not intended. Article 7. Leaves 7.1. Holidays—Part-time regular employees receive this holiday benefit on a pro-rated basis. 7.1.1. Discretionary Holiday—Each regular employee shall be eligible for one 8-hour holiday in addition to the holidays observed by the City. Part-time regular employees receive this benefit on a pro-rated basis. The discretionary holiday accrues in the first pay period of each calendar year. Once accrued, this discretionary holiday should be used before vacation leave. An employee who has not used the discretionary holiday by the last day of the last payperiod in the calendar year shall forfeit the receipt of compensated time or pay for the holiday for that calendar year. 7.1.2. Observed Holidays— Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 17 7.1.2.1. Full-day Holidays—The City shall observe the following full-day holidays. January 1st .................................................... 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 4th ......................................................... Independence Day First Monday in September ......................... Labor Day Second Monday in October ......................... Indigenous People’s Day November 11th ............................................. Veteran’s Day Fourth Thursday in November .................... Thanksgiving Day Friday following Fourth Thursday in November .................................................... Day After Thanksgiving December 25th ............................................. Christmas Day 7.1.2.2. Half-day Holidays—In addition, the City observes the following half-day holidays. December 24th ............................................. Christmas Eve Day December 31st .............................................. New Year’s Eve Day 7.1.2.3. Day of Holiday Observation—Holidays which fall on a Sunday shall be observed on the following Monday. Holidays falling on a Saturday shall be observed on the previous Friday. Half-day holidays shall be observed on the workday immediately previous to the day Christmas Day and New Year’s Day are observed. 7.1.3. Holiday Compensation in the Communications Center—In lieu of paid time off for a holiday, each employee shall receive shift holiday pay as follows. 7.1.3.1. Full-day Holidays—An additional 8 hours of shift holiday pay at the employee’s enhanced hourly rate of pay in each payperiod in which the City’s full-day holiday occurs, as identified above. 7.1.3.2. Half-day Holidays—An additional 4 hours of shift holiday pay at the employee’s enhanced hourly rate of pay in each payperiod in which the City’s half-day holiday occurs, as identified above. 7.1.4. Holiday Eligibility—Employees who are on paid status the entire day before and the entire day after a holiday shall be eligible to receive holiday compe nsation with the holiday time considered as hours worked. A new employee who is not on regular paid status for the entire payperiod during which a holiday occurs shall not be eligible for holiday compensation during that payperiod. Employees on long-term disability are not eligible for holiday compensation. Part-time regular employees do not receive paid vacation leave; therefore, part-time regular employees on pre-approved leave without pay for vacation purposes may receive holiday pay during the unpaid vacation leave. 7.1.5. Day of National Mourning or Celebration—In addition, the City may observe any other day of national mourning or celebration, provided that it has been proclaimed by the City Council and provided that the council directs the closure of City offices for public service. Any such holiday shall be granted only to those employees who are regularly scheduled to work on the day in which the council proclaims such a holiday. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 18 July 1, 2021 through June 30, 2022 7.1.6. Holiday Compensation for Employees on Injury or Illness or Sick Leave—An employee who is scheduled to work on the day immediately prior to a holiday, on the actual day of a holiday, or the day immediately following a holiday who does not report for duty as scheduled due to personal injury or illness or sick leave shall submit such verification or certification of illness or injury as is satisfactory to the department head prior to receiving compensation for the holiday. 7.2. Vacation—All full-time regular employees shall be eligible to earn and be granted vacation leave. 7.2.1. Vacation Accrual Rates—Each full-time employee shall accrue vacation hours in accordance with the following accrual rate schedule. Length of Service Payperiod Accrual Rate Annual Rate 1st through 4th years ........................ 4.62 hours .............................. 15 days 5th through 14th years ..................... 6.16 hours .............................. 20 days 15th through 24th years ................... 7.69 hours .............................. 25 days 25th and succeeding years ............. 9.23 hours .............................. 30 days 7.2.2. Vacation Scheduling—The times during the year at which an employee shall take a vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. Employees shall request vacation at least three days in advance. 7.2.2.1. Communications Center Vacation Scheduling—The department head shall schedule vacation periods during which employees shall take vacation time for which they are eligible. Employees shall be allowed to bid for their preferred vacation periods by seniority within classification. Absent approval of the department head, no more than two communications dispatchers and one supervising communications dispatcher may be on planned absences such as vacation, compensatory time, or discretionary holiday at the same time. 7.2.3. Maximum Vacation Accumulation— Employees may not accumulate more than two times their annual accrual amount of vacation hours. Once an employee has accumulated two times the annual accrual, no further vacation leave will accrue until the pay period after the vacation balance has been reduced below the two-year cap. 7.2.3.1. Vacation Cap Appeal—If an employee is continually denied vacation or pre-scheduled vacation is cancelled, the employee may submit documentation for review by Human Resources on a case-by-case basis for resolution based on the following criteria: • The employee has signed documentation that the vacation was approved and then cancelled at a later date. • The employee has multiple (3 or more) documented vacation denials that are not for prime vacation periods (i.e., Thanksgiving, Christmas, New Year’s, Independence Day, etc.) and are not short notice requests (less than 30 calendar days). 7.2.4. Vacation Cash-Out—Employees shall be allowed to cash out up to 40 hours of unused accrued vacation per calendar year with the following provisions: • Employees must have completed a minimum of one year of service. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 19 • Employees must maintain a minimum of 80 hours of accrued vacation hours in their vacation bank. • Vacation hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash out. • Employees must complete an irrevocable election form and submit the completed form to the Human Resources Department no later than December 15 of the calendar year prior to the year of the desired cash out. Only time accrued during the calendar year following the irrevoc able election may be cashed out. • Time may be paid out twice annually in May and November as long as employees have submitted an irrevocable election form in the prior year. 7.2.5. Vacation Compensation—An employee who retires or separates from City employment shall be compensated at the employee’s enhanced rate of pay for all compensable vacation leave on record at the time of separation. 7.3. Notification Procedures—Leave usage forms and notification procedures will be used. For all discretionary leaves, such as vacation, discretionary holiday, or compensatory time, an employee who is absent from work shall, as determined by departmental policy, notify the immediate supervisor or such other person as may be designated. For other such leaves, the employee shall notify the immediate supervisor or such other person as may be designated at the earliest possible time that the employee is aware of the absence. The City reserves the right to confirm or verify use of leaves. 7.4. Bereavement Leave—Each regular 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. Effective 7/1/2000 part-time regular employees will be eligible for this leave on a pro-rated basis. 7.4.1. Leave Amounts— 7.4.1.1. Leave Within California—An employee may be granted up to a maximum of 24 hours of bereavement leave per occurrence for the death or funeral of a family member within California. 7.4.1.2. Leave Outside California—An employee may be granted up to a maximum of 40 hours of bereavement leave per occurrence for the death or funeral of a family member outside of California. 7.4.2. Definition of Immediate Family for Bereavement Leave—As used herein for bereavement leave, immediate family is defined as spouse, registered domestic partner with State of California, child, father, mother, brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in- law, and son-in-law. In addition, the department head may grant the above described leave in the event of the illness or disability, or for 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. 7.5. Sick Leave—An employee who is ill or injured, or is entitled to use sick leave for other purposes as required by law, is entitled to paid sick leave as follows: Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 20 July 1, 2021 through June 30, 2022 7.5.1. Sick Leave Accrual Rate—Each full-time regular employee shall accrue sick leave hours at the rate of 3.69 hours per payperiod up to a maximum accrual of 1200 hours. An employee who worked less than full-time during the payperiod shall be credited with sick leave on a pro-rated basis for all paid time during the payperiod. Sick leave for part-time regular employees is prorated. 7.5.2. Sick Leave Request—An employee shall prepare and present a request for paid 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. 7.5.3. Approval of Sick Leave Requests—The department head shall review all sick leave requests and, if approved, the employee’s request for paid sick leave shall be granted. The department head shall not unreasonably withhold approval of an employee’s sick leave request. 7.5.4. Verification of Injury or Illness— A doctor’s note of the injury or illness is the verification that is prepared and signed by a doctor or licensed health care practitioner verifying the need for the employee to be off work and/or confirming that the employee has recovered sufficiently to assume light duty, or is able to perform regular work without restrictions. After an employee has used the greater of 24-hours or three days of sick leave in a calendar year, the City may require doctor’s verification of injury or illness if the City has a reasonable belief that the sick leave has been abused by the employee. 7.5.5. Maximum Paid Sick Leave Time—All leave taken and approved shall be provided to an employee without loss of pay or benefits provided that the employee has sufficient unused accumulated sick leave. An employee who has insufficient unused sick leave hours on record to use for the purposes prescribed may request the use of other paid leave balances or leave without pay. The department head may approve the use of other paid leave hours or leave of absence without pay in lieu of such leave by an employee for such purposes. 7.5.6. Protected Leave (This section is intended to explain the legally protected sick leave entitlements and it does not replace or reduce employee sick leave as described in other sections of this Article or in other policies.)—Employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the following purposes: • the diagnosis, care, or treatment of an existing health condition of, or preventative care for, themselves; • the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s child (regardless of age or dependency status), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of the employee’s spouse or registered domestic partner; and 7.6. If the employee is a victim of domestic violence, sexual assault, or stalking, to obtain any relief to help ensure the health, safety or welfare of the employee or his or her child. Medical Appointments Leave—A full-time regular employee may be granted leave without loss of salary or benefits for the purpose of going to appointments with health care practitioners or dentists in instances where the employee can demonstrate that the appointment could not have been reasonably scheduled to occur at a non-work time of the Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 21 employee. Medical appointment leave will be charged on a calendar-year basis. Effective 7/1/2000, part-time regular employees will receive this benefit on a pro-rated, non- retroactive basis. 7.6.1. Approval—An employee requesting such paid leave shall receive department head approval prior to the leave commencing. Medical appointment leave shall be authorized only for that period of time necessary to provide reasonable travel time to and from the appointment and the actual time required for the appointment. 7.6.2. Affidavit of Leave—The employee requesting such leave shall submit a sick leave request form describing the need for the appointment. 7.6.3. Leave Confirmation—The City reserves the right to confirm or verify any appointment for which such leave is authorized. 7.6.4. Medical Appointment Leave Charged to Sick Leave—Absences of the first 8 hours per calendar year will not be charged to sick leave; the remainder of any leave used for medical appointment purposes will be charged to sick leave. 7.6.5. Scheduling Medical Appointments—Employees should reasonably attempt to schedule appointments with health care practitioners or dentists when such appointments can occur outside of work hours. 7.7. Industrial Injury Leave—An employee who is temporarily and/or partially disabled from performing work as the result of an injury or illness that has been determined to be industrially caused and necessitates the employee’s absence from work shall be entitled to receive the following benefits: 7.7.1. Use of Accumulated and Unused Sick Leave—An employee shall be entitled to use accumulated and unused sick leave hours to receive full compensation for all hours the employee is scheduled to work but is unable to work. Upon exhausting unused sick leave hours, an employee may use accumulated and unused vacation and/or compensatory time on record to receive full pay for all hours worked until the employee becomes eligible to apply for long-term disability benefits or is able to return to work, whichever occurs first. 7.7.2. Workers’ Compensation Benefits—Employees shall be eligible to receive workers’ compensation disability benefits in accordance with the State of California workers’ compensation laws. Employees who are using accumulated or unused sick leave, vacation leave, and/or compensatory hours, shall assign all workers’ compensation proceeds to the City and shall have their sick leave, vacation and/or compensatory hours reimbursed on a dollar-for-dollar basis. 7.7.3. Credit for City Reimbursement—In the event that the City receives third party reimbursement for benefits paid to an employee, the City will credit th e employee’s sick leave, compensatory time, and/or vacation leave balances with full or partial credits consistent with the conditions of the third-party reimbursement. 7.8. Military Leave—Military leave shall be granted in accordance with the provisions of applicable state and federal laws. All employees legally entitled to military leave shall provide the department head with the information, within the limits of military orders or regulations, to determine when such leave shall be taken. The department head may modify the employee’s work schedule to accommodate the requirements applying to the leave. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 22 July 1, 2021 through June 30, 2022 7.9. Maternity/Paternity and Child Bonding Leave—An employee will be granted leave in accordance with applicable Federal and State laws. 7.10. Unpaid Leave of Absence—The City may grant an employee in a permanent position a leave of absence without pay not to exceed 1 year. A request for the leave and the reason therefore shall be submitted in writing and must be approved by the department head and the City Manager. 7.10.1. Reinstatement Upon Return From Leave—Upon expiration of the approved leave, the employee shall be reinstated to the former position without loss of service credits or benefits (subject to the terms of the contracts with the benefit providers) accrued prior to said leave. However, during the period of the leave, the employee shall not accumulate service credits, nor shall the City continue contributions toward group insurance or the retirement plan. 7.10.2. Failing to Return from Leave—Failure on the part of the employee to return to work on the date scheduled shall be considered job abandonment. Article 8. Modified-duty Program 8.1. Modified-duty Program—Modified duty is an accommodation to the work requirements for an individual with physical restrictions. 8.1.1. Purpose—The purpose of this modified-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. Modified-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. Modified-duty assignments will not be made unless the employee receives medical clearance from the treating physician to return for modified duty. This program shall be coordinated with applicable workers’ compensation benefits so that benefits are provided at the level not less than mandated by state law. The City will strive to make modified duty available where reasonable and safe. 8.1.2. Coverage—This modified-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 8.1.3. Determination/Required Reports— 8.1.3.1. Assignments—Modified-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will also be based on the needs of the City and the impact of modified duty on departmental operations. The evaluation and determination of modified-duty assignments will be based on the employee’s medical restrictions and upon agreement of the department head, the employee, and the affected supervisor. 8.1.3.2. Medical Updates—Updated medical reports shall be submitted to the department head at two-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 a modified-duty Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 23 assignment has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current modified-duty assignment or to determine when to commence a modified-duty assignment. 8.2. Modified-duty Assignment, and Restrictions—Modified-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 modified-duty assignment be considered to be a permanent alternative position for purposes of reasonable accommodation under applicable law. Modified-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 modified duty during the normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. • Will be developed based on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 8.3. Holidays/Vacations during Light-duty Assignments— 8.3.1. Observed Holidays—Holidays shall be observed in accordance with the modified- 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 modified-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 modified-duty employee. Compensation for holidays shall be in accordance with this Memorandum of Understanding. 8.3.2. Vacations—Employees assigned to modified 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. 8.4. Return to Full Duty—Employees will be returned to full duty 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. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 24 July 1, 2021 through June 30, 2022 Article 9. Education Expense Reimbursement Program 9.1. Education Expense Reimbursement Program—An employee who takes a job-related course at an accredited institution of learning shall be eligible for the costs of tuition, fees and course materials up to $2,000 per fiscal year upon the successful completion of the course and upon the employee achieving a grade of “C” or better, or passing for a pass/fail course. 9.2. Reimbursement Amount—An employee who takes a job-related course at an accredited institution of learning shall be eligible to receive reimbursement per fiscal year for the costs of tuition, fees, and course materials. The employee will be eligible for this reimbursement upon the successful completion of the course and upon the employee having achieved a grade of “Pass” or “C” or better. 9.3. Qualifying for Program—In order to qualify for reimbursement, the employee must: 9.3.1. Department Head Approval—Prior to enrollment, the employee must receive the written approval of the department head concerning the particular course. To be approved by the department head, the department head must find that the course must be job-related after reviewing the request which briefly describes why the employees believes the course to be job-related. 9.3.2. Reimbursement Request—Provided that the department head finds that the course is job-related and approves the employee’s request, the employee shall submit a request for reimbursement to the City Manager that includes a copy of the department head’s written approval of the course, a copy of the employee’s course grade, the receipts for all course expenses, and a total amount requested for reimbursement. 9.3.3. City Manager Approval—The City Manager shall approve the employee’s request for reimbursement provided that the employee has prepared the request in compliance with this Article. 9.4. Communications Center Personal and Professional Development Expense Reimbursement–– In each fiscal year, all bargaining unit employees shall be eligible to receive $500 for personal and professional development. The reimbursement shall be used for professional reference materials, outside training, extra coursework, personal electronic equipment, when utilized for work-related purposes, health and wellness, and professional organization membership. This reimbursable allowance shall be paid in accordance with PERL (Public Employees; Retirement Law) and the IRS tax code. Employees shall provide receipts to their Department Head for approval. Employees who have submitted their intent to separate from the City shall not be eligible for any remaining reimbursements during that fiscal year. Article 10. Recreational Facilities and Classes 10.1. Admission to Classes— 10.1.1. Full-time Regular Employees—All full-time regular 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). 10.1.2. Part-time Regular Employees—All part-time regular employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 3 recreational classes during a 12-month period (lab or ingredient fees not included). Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 25 10.2. Use of Facilities—Employees 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. Article 11. Replacement and Reimbursements 11.1. Tool Replacement Costs— 11.1.1. Replacement Amount—An employee in an eligible classification who is required to provide tools shall be eligible to receive up to $600 per fiscal year for the purpose of providing the employee with tool replacement costs. Eligible classifications are as identified in Appendix D. 11.1.2. Reimbursements—In order to receive reimbursement for tool costs or tool replacement, an employee must be required to provide tools for the job and must submit a reimbursement request to the City prior to the reimbursement cutoff date each fiscal year of June 1st. 11.2. Safety Shoe Reimbursement—The City will reimburse employees in eligible classifications who purchase and wear approved safety shoes during their regular duty shift up to $240 per fiscal year. Eligible classifications are noted in Appendix D. Article 12. Safety Program and Equipment 12.1. Observation of Safety Rules and Regulations—Both the City and the Union shall expend every reasonable effort to ensure that work is performed with a maximum degree of safety, consistent with the requirements to conduct efficient operations. Each employee covered by this memorandum agrees to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted. Employees further agree that they will report all accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of or who is a witness to an accident shall, if requested, give full and truthful testimony. 12.2. Safety Program—The City has established a safety program and representatives of this unit shall serve on the safety committee. 12.3. Safety Equipment—The City shall continue to supply employees with safety equipment required by the City and/or Cal/OSHA. All employees shall use City supplied safety equipment only for the purposes and uses specified under applicable safety rules and regulations. 12.4. Prescription Safety Glasses—Prescription safety glasses will be provided to those employees who are required by safety regulations to wear them on the job, provided employees use the City’s vision care plan in order to obtain the prescription. Those classifications eligible for prescription safety glasses are identified in Appendix D. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 26 July 1, 2021 through June 30, 2022 Article 13. Dress and Uniform Policy 13.1. Communications Center Dress Policy—Clothing must be neat and clean with the following not allowed—ragged or torn clothing, halter tops, cut-off tops, or shorts; clothing displaying obscene or indecent language; pictures of slogans; house shoes, slippers, or other footwear with exposed toes. 13.2. Maintenance Services Uniform Policy—The uniform policy for the maintenance services division includes parks, streets, building maintenance, and garage staff who are supplied with work apparel. 13.2.1. Purpose and Intent—The purpose and intent of this policy is to assist the public in identification of our staff, provide a consistent appearance, and promote a professional image of our City’s work force. 13.2.2. Work Clothing—Employees are provided with a change of shirt and pants for each workday and coveralls if so desired. The City has a contract with a uniform company to provide work clothing and will pay the expenses to provide these uniforms. The City will provide 6 t-shirts that will be laundered by the employee. In addition, the City also supplies safety colored jackets, vests, sweatshirts, and hats. 13.2.3. Wearing and Use of Work Clothing—Each employee who is provided work clothing will wear it each day. No modifications will be made, removed, or added to the clothing to personalize garments. Two styles of shirts are available—tails and square cut. Shirts with tails must be tucked into the pants; however, square cut shirts may remain outside of the pants. Both types of shirts must be buttoned to be consistent with a neat, professional appearance. If the employee desires to wear a hat, only hats issued by the City will be worn. 13.2.4. Jackets and Sweatshirts—The employee may wear jackets and sweatshirts as issued by the City only. The employees will clean these. The City will replace all uniform apparel on an as needed basis. 13.2.5. Repair or Replacement of Uniforms—Each employee is required to communicate to the uniform company the loss or needed repair of garments through the contractors notification system. Problems or shortages of garments will be reported to the employee’s supervisor. 13.2.6. Dress Standards—Employees will be evaluated on their dress and use of uniforms. Employees who consistently fail to adhere to this policy may be subject to disciplinary action. 13.3. Protective Garments for Safety Inspectors—The City shall supply and maintain overalls for building inspectors and the public works inspector. Article 14. Class A and B Driver’s Licenses 14.1. Requirement—A commercial class B driver’s license will be required for all employees hired after 8/1/1996, in the classifications identified in Appendix D. Those employees who possessed a Class B license as of 8/1/1996 will be required to maintain the license. 14.2. License Reimbursement Costs—The City shall reimburse the employees identified in Appendix D the cost of the license and license renewal fee for a class A and B license. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 27 14.3. Class A Incentive Pay—Those employees in Appendix B employed in the Public Works Department may receive a $25 incentive per month to obtain and maintain a Class “A” commercial driver’s license. Any employee possessing a Class A license must perform the work requiring the license when requested by the City to do so even if the work is in a department other than Public Works. Article 15. Personnel Practices 15.1. Transfer and Promotion— 15.1.1. Transfer—An employee may be transferred by the City Manager from one position to another position in the same or comparable classification carrying essentially the same maximum salary and which the employee is qualified to perform. 15.1.2. Promotion—The City shall endeavor to fill vacancies by promotion when in the best interests of the service. In the event the City Manager determines to fill a vacancy by promotion, the personnel board 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 unilaterally be changed by City Council resolution) on the employment list who are ready, willing, and able to accept the position offered. 15.1.3. Flexible Staffing—Sufficient positions will be provided so that all full-time regular employees in the Library Assistant I classification with 2 years of experience will be eligible to be promoted to the full-time regular Library Assistant II classification, providing the employees pass an examination. Sufficient positions will be provided so that all full-time regular employees in the Librarian I classification with 2 years of experience will be eligible to be promoted to the full-time regular Librarian II classification, providing the employees pass an examination. 15.2. Time Off for Examination—Promotional examinations scheduled by the City during an employee’s regular working hours may be taken without loss of compensation. 15.3. Employment Lists—Promotional lists shall become effective upon approval thereof by the personnel board. Employment lists shall remain in effect for 1 year, unless sooner exhausted and may be extended, prior to their expiration dates, by action of the personnel board 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 list, the names of all persons on the list shall be certified. The name of any person on an employment list may be removed by the City Manager for any of the following reasons, if: 15.3.1. Formal Request—The eligible person requests, in writing, the name to be removed. 15.3.2. Failing to Respond—The employee fails to respond to a written offer of employment 6-business days from mailing. 15.3.3. Investigation Report—A subsequent background investigation is unsatisfactory. 15.3.4. Passed Over—The person has been passed over for appointment 3 times. 15.4. Probationary Periods—All original and promotional appointments shall be tentative and subject to a probationary period of not less than 12 months of actual service Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 28 July 1, 2021 through June 30, 2022 from the date of probationary appointment or promotion. Probationary periods for promotions within a classification series shall be for a period of not less than six (6) months unless extended by the department head or designee to 12 months. The decision to extend the probationary period is within the sole discretion of the department head or designee and is not subject to the grievance procedure. 15.4.1. Probation Reinstatement and Re-employment—An employee who is laid off and subsequently appointed as a result of certification from an employment eligible list to a position of different classification than that from which laid off, shall undergo the probationary period prescribed for the classification to which appointed. Former probationary employees appointed from a reinstatement or re-employment list must serve the remainder of their probationary period in order to attain permanent status. 15.4.2. Probation Transfer—Employees who transfer to another division shall be required to undergo a new probationary period in the position into which transferred. If unsuccessful in the new probationary period, the voluntarily transferred employee shall be reinstated into their former position. Employees transferred non-voluntarily shall be reinstated to their former position if unsuccessful in their new probationary period. 15.4.3. Probation Promotion—An employee who previously completed the requisite probationary period and who is rejected because of a subsequent probationary period for a promotional appointment, shall be reinstated to the former positions from which the employee was promoted, provided that this Subsection shall not be construed so as to prohibit the City from discharging any employee during a subsequent promotional probationary period. 15.4.4. Rejection during Probationary Period—The appointing authority may terminate a probationary employee at any time during the probationary period without the right of appeal in any manner and without recourse to the procedures provided in the grievance Article of this Memorandum of Understanding, unless the employee alleges that the termination was due to discrimination prohibited by City, state, or federal statutes or regulations. If such discrimination is alleged, the appeal or grievance shall be decided by the Assistant City Manager solely on the basis of whether or not the termination was due to discrimination. Unless it is determined that there was discrimination, the Assistant City Manager hearing the appeal or grievance shall not substitute their judgment for that of the appointing authority. The Assistant City Manager’s decision is final. 15.5. Performance Appraisals—At a permanent employee’s discretion, within 10 days of receiving the performance appraisal document, the employee may meet with evaluator’s immediate supervisor to discuss the evaluation. The decision of the evaluator’s immediate supervisor is final and is not required to be in writing, and the employee will have no other right to appeal. 15.6. Resignation and Reinstatement— 15.6.1. Resignation—An employee desiring to leave the City in good standing shall submit a letter of resignation to the immediate supervisor no later than 2 weeks in advance of the effective date of separation; complete an exit interview; and receive at least a satisfactory final evaluation. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 29 15.6.2. Reinstatement—A permanent employee, who has resigned in good standing, may be reinstated within 2 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 which does not carry a significantly higher rate of pay and which employee is qualified to perform. Reinstatement shall be made at the salary step approved by the City Manager. The reinstated employee will serve the designated probationary period for that classification prior to becoming a permanent employee, regardless of the salary rate at which the employee is reinstated. Article 16. Reduction-in-Force, Layoff, and Re-employment 16.1. Seniority—Seniority, for the purpose of layoff, is defined as length of continuous full-time employment within the service of the City, except for service on a provisional and 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 California state military and veterans’ code. 16.2. Council Determination—Whenever in the judgment of the City Council, it becomes necessary in the interest of economy or because of necessity for the position or employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and lay-off, reassign, demote or transfer an employee holding such position or employment and same shall not be deemed a disciplinary act or act requiring written charges. The appointing authority may likewise lay off an employee in the competitive s ervice because of material change in duties or organization or shortage of work or funds. 16.3. Order of Layoff—When one or more employees performing in the same class in the same City department are to be laid off (provisional and temporaries therein having already been terminated), the order of layoff in the affected department shall be as follows: 16.3.1. Hourly Employees—Part-time hourly employees including per diem, seasonal, and temporary workers. 16.3.2. Probationary Employees—Probationary employees by classification in reverse order of seniority. 16.3.3. Part-time Regular Employees—Permanent part-time employees by classification in reverse order of seniority. 16.3.4. Full-time Regular Employees—Permanent full-time by classification in reverse- order of seniority. 16.4. Identical City Service—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 selection process shall determine the order of layoff in the affected department. 16.5. Notice of Layoff—Employees shall be forwarded written notice, including reasons therefore, by certified registered mail, return receipt requested or personally served, a minimum of 10-working days prior to the effective date of layoff. An employee receiving said notice may respond, in writing, to the City Manager. The employee’s representatives shall receive concurrent notice, and upon request, shall be afforded the opportunity to meet Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 30 July 1, 2021 through June 30, 2022 with the City to discuss the circumstances requiring the layoff and any proposed alternatives which do not include the consideration of the merits necessity or organization of any service or activity. The employee must make this request in writing at least 5 - working days prior to the effective date of layoff. 16.5.1. Bumping Rights—Employees receiving notice of layoff shall have the right to assume a position held by a less senior employee as follows: 16.5.1.1. Same Classification—The senior employee may bump a less senior employee in the same classification. 16.5.1.2. Former Classification—The senior employee may bump a less senior employee in a classification to which the senior employee was formerly assigned. 16.6. Reassignment In Lieu of Layoff— 16.6.1. Vacant Position 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. 16.6.2. Former Classification—In the event that there are no vacant positions in the same classification in any department, an employee will be offered a vacant position in any classification at the same or lower salary in which permanent status had formerly been held, first in the affected department and then Citywide. 16.6.3. Displacement—In the event that 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 in which the employee meets the minimum qualifications and a regular layoff procedure in the same or l ower-level classification shall apply. 16.6.4. Salary Placement—Employees transferred, assigned or demoted under this subsection, will be given a step in the new classification salary range closest, but not exceeding, the employee’s salary at the time of appointment. 16.7. Layoffs—In the event that an employee is not reassigned in lieu of layoff, the employee shall be laid off. If an employee elects not to exercise bumping rights, the employee may be deemed to have been offered and to have declined such work. Laid off employees are to be paid for accrued vacation and sick leave when separated as a result of a layoff. 16.8. Layoff Re-employment and Reinstatement Lists— 16.8.1. Classification Reinstatement List—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 their classification shall first be offered to employees on this list. 16.8.2. Re-employment List—Employees who are laid off shall have their names placed on a re-employment list of classifications which, in the opinion of the personnel officer, requires basically the same qualifications and duties and responsibilities as those in the classification from which the layoff occurred, in order of seniority. Vacant positions in such classifications shall be offered to eligibles on the re-employment list that qualify for such vacancies prior to an open or promotional recruitment. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 31 16.8.3. Length of Placement on List—No name shall be carried on a reinstatement or re- employment list for a period of longer than 2 years. Refusal to accept the first offer or reinstatement or re-employment within the same classification shall cause the name to be dropped from the list. Individuals not responding to written notification, by certified registered mail, return receipt requested, forwarded to their last given address, of an opening within 10-working days from mailing, shall have their names removed from either a reinstatement or re-employment list. Individuals who do not meet current employment standards (i.e., medical, licenses, etc.) shall have their names removed from either a reinstatement or re-employment list. 16.8.4. Probationary Period—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 17. Emergencies Nothing contained in the Memorandum of Understanding shall limit the authority of the department head or the City to make necessary changes during emergencies. The department head shall notify the Union of such changes as soon as possible. Emergency assignments of staff shall not exceed beyond the period of the emergency. An emergency is defined as an unforeseen circumstance requiring immediate implementation of the change. Article 18. Notification The City shall give reasonable prior written notice to the Union of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall give the Union the opportunity to meet with the City prior to such adoption. In cases of emergency, when the City determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution, or regulation. Article 19. Contracting Unit Work (except Communications Center employees) 19.1. Contracting Work—All unit work that City staff proposes to contract out will first fall under the provisions below: 19.2. Union Notification—At least 90 days prior to any council action to contract existing unit work, the City will provide the Union with notice and opportunity to submit alternative proposals. Notice shall include all documents and information relevant to the contract proposal. Any proposal for contracting out unit work shall be scoped out and specifications prepared to provide an opportunity for unit members to bid competitively on the services to be provided. 19.3. Committee Review—A joint committee comprised of three Union and three management representatives, each appointed by the respective parties, will review all unit Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 32 July 1, 2021 through June 30, 2022 work which the City proposes to contract out prior to such contracting out. The committee will meet within 30-calendar days of notice to review. 19.4. Committee Results—If after committee review there is no majority consensus agreement, the unit work may be considered by the City Council provided both the Union and management have the opportunity to provide the City Council with written reasons for being for or against the proposal. 19.5. Bid Process—All bids for work presented by private contractors shall be in accordance with the state of California’s prevailing wage laws without exception. The City shall review all bids submitted by private contractors for compliance with regard to prevailing wage rates. Article 20. Grievance Procedure for Disciplinary Matters 20.1. Definition of Grievance—A grievance is defined as any disciplinary action and/or dispute involving the interpretation, application or alleged violation of: • Any provision of the MOU between the City and the Union, excluding however, those provisions of the MOU which specifically provide that the decision of any City official shall be final, and where the MOU includes a procedure that governs the dispute. • The grievance process does not cover the following decisions within management rights include decision regarding: (1) classifications of positions; (2) recruitment, selection, appointment and examination processes; (3) extensions of probationary periods; (4) non-disciplinary transfers, reassignments, reorganization and reallocation of positions; (5) the content of performance evaluations; (6) requiring employees to submit to fitness for duty evaluations; and (7) layoffs (as opposed to the impacts of layoffs). 20.2. General Conditions— 20.2.1. Extended Time Limits—Any time limit set forth in this article may be extended by mutual written agreement between the City and the Union. 20.2.2. Failure to Comply with Time Limits—Failure on the part of the Union to comply with the time limits of this procedure or any extensions thereto shall constitute a withdrawal of the grievance without further recourse to re-submittal. Failure on the part of the City to comply with the prescribed time limits or extensions shall result in the grievance being moved to the next step of the procedure. 20.3. Grievance Steps—The general steps in the grievance procedures are as follows. Note that some steps in the grievance procedure may be eliminated if the employee reports to a department head or if the employee’s second-line supervisor is the department head. 20.3.1. Step 1: Immediate Supervisor (Problem Solving)—Employees shall bring their grievances to the attention of their immediate supervisor within 15 calendar days of the occurrence of the act causing the basis for the grievance or the employee’s first knowledge of the occurrence. 20.3.2. Step 2: Second-line Supervisor—If the grievance is not resolved at Sept 1 within 15 calendar days of the date the grievance is raised with the immediate supervisor, the employee shall have the Union Steward submit a formal written grievance to the Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 33 employee’s second-line supervisor. If the employee chooses to formally pursue the grievance, it shall be presented by the Union Steward, in writing within 15 calendar days after the immediate supervisor’s decision. The written grievance shall contain the following information. • Grievant’s Name and Signature • Grievant’s Department and Specific Work Site • Name of the Grievant’s Immediate Supervisor • Statement of the Nature of the Grievance, including date and place of occurrence • Specific Provision, Policy or Procedure alleged to have been violated • Remedies Sought by Grievant • Name of the Union Steward designated as the grievant representative in the processing of the grievance. 20.3.3. Step 3: Response to Formal Grievance—Within 15 calendar days of receipt of the written grievance, the second-line supervisor or their designee shall return a copy to the Union Steward and the employee with an answer in writing. If the grievance is not resolved at this level, the Union shall have 15 calendar days from receipt of the answer in which to file an appeal to the department head. 20.3.4. Step 4: Department Head—An employee dissatisfied with the decision of the second-line supervisor in Step 3 may have the Union Steward submit the written grievance to the department head within 15 calendar days from the date of the second- line supervisor’s decision. The department head or designee shall respond in writing to the Union Steward within 15 calendar days from the date of its receipt. 20.3.5. Step 5: City Manager—If the employee is dissatisfied with the decision of the department head in Step 4, the written grievance may be submitted by the union Steward through the department head to the City Manager, within 15 calendar days from receipt of the department head’s response. The City Manager or designee shall respond to the Union Steward regarding the grievance in writing within 15 calendar days of its receipt. Within this period, at the City Manager’s discretion, an informal hearing involving the parties to the dispute may be conducted. The decision of the City Manager or designee is final. 20.3.6. Appeal of the City Manager’s Decision—The decision of the City Manager or designee may be appealed by the Union only if it is in compliance with section 20.4. 20.4. Appeal Rights—A regular, non-probationary employee may appeal the final disciplinary decision of the appointing authority to binding arbitration so long as all the following steps are fully complied with. 20.4.1. Level of Discipline—The discipline imposed consisted of a termination, demotion, suspension of more than 5 days, or any other type of discipline that results in a loss of pay of more than 5 days. 20.4.2. Written Request—The Union Steward must submit a written request for arbitration to the department head, with a copy to the Director of Human Resources which must be received no later than 15 calendar days following the date of the notice of imposition Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 34 July 1, 2021 through June 30, 2022 of discipline. If this written request is not received by the department head and the Director of Human Resources within this time frame, the appeal will be waived. 20.4.3. Union Representation—The union must sign the written request for arbitration signifying that it intends to represent the employee during all arbitration proceedings arising from the request for arbitration. 20.4.4. Selection of an Arbitrator—An arbitrator will be selected by the union and the City by mutual agreement from a list of arbitrators who are current members of the National Academy of Arbitrators, and who have at least 5 years of experience handling arbitrations for local public agencies. If the parties cannot agree on a prospective arbitrator, they shall request a list of no less than 7 arbitrators from the California State Mediation and Conciliation Bureau, each of whom is a current member of the National Academy of Arbitrators, and who has at least 5 years of experience handling arbitrations for local public agencies. The parties will attempt to agree on an arbitrator from any such list obtained. If the parties cannot agree on an arbitrator, they shall alternately strike the name of one arbitrator until one name remains, who will be the arbitrator selected. 20.4.5. Payment of Costs—The union and the City will split the cost of the arbitrator’s fee equally. In the event that either party wishes to obtain the services of a court reporter, that party will be solely responsible for the reporter’s fees, including the cost of providing the original transcription to the arbitrator. If the arbitrator, as opposed to either party, requires that the proceedings be taken down by a court reporter, the parties will equally split the cost of the reporter’s fee and the cost of the original transcript. Each party will pay for the cost of an additional copy for the use of that party if a copy is desired. 20.4.6. Arbitrator Duty—The arbitrator will be empowered to hear evidence, review exhibits, hear argument and make findings of fact and conclusions. Based on those findings and conclusions, the arbitration shall make a final and binding determination about the merits of the appeal. The arbitrator is not empowered to make any alterations to the terms and conditions of this MOU, or to the City’s rules, regulations, policies or procedures. The arbitrator is not empowered to make any order or directive that would require any party to commit an illegal act. 20.4.7. Arbitrator Decision—The parties agree that any decision rendered by the arbitrator will be final and binding, meaning that it cannot be appealed to any other legal or administrative tribunal, except pursuant to Code of Civil Procedure section 1285 et seq. which allows parties to petition a court to confirm, correct or vacate an arbitration award. Article 21. Severability If any Article, Section, subsection, sentence, clause, or phrase of the Memorandum of Understanding is for any reason held to be invalid by a court of competent jurisdiction, such Article, section, subsection, sentence, clause, or phrase shall be suspended and superseded and the remainder of this Memorandum of Understanding shall not be affected thereby. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 35 Article 22. Agreement, Modification, or Waiver 22.1. Full and Entire Agreement—This Memorandum of Understanding sets forth the full and entire Memorandum of Understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements over these matters between the parties, whether formal or informal, are hereby superseded or terminated in their entirety. In the event that the provisions of this memorandum are found to be in conflict with a City rule, regulation, or resolution, the provision of this memorandum shall prevail over such conflicting rule, regulation or resolution. 22.2. Written Modification Required—No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties unless made and executed in writing by all parties hereto and approved by the City Council. 22.3. Waiver—The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 36 July 1, 2021 through June 30, 2022 Article 23. Signatures Signed this ________ day of __________________, 2021 For the Union-AFSCME: For the City: Ashley Mates, Staff Representative, AFSCME District Council 57 Donna Williamson, Lead Negotiator Richard Brooks Leah Lockhart Josue Gonzalez Mich Mercado Marissa Jordan Tristan Kent Michael Alan Patrick Richard Pence Peter Shea Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 37 Appendix A Full-time Regular and Part-time Regular Employee Classifications As referenced in Article 1, those classifications in the AFSCME unit are the following: Title Full- time Part - time Accounting Assistant I x Accounting Assistant II x Building Inspector x Building Inspector, Senior x Building Maintenance Craftsworker x Building Maintenance Custodian x Building Maintenance Custodian, Lead x Building Maintenance Custodian, Senior x Building Plan Reviewer x Code Enforcement Officer x Communications Dispatcher x Communications Dispatcher, Supervising x Community Development Specialist x Community Services Site Coordinator x x Cultural Arts Specialist x Electrical Technician x Electrical Technician, Assistant x Electrical Technician, Lead x Electrical Technician, Senior x Engineering Technician x Engineering Technician, Senior x Equipment Mechanic x Equipment Mechanic, Lead x Equipment Operator x Groundsperson x Librarian I x x Librarian II x Library Assistant I x x Library Assistant II x x Library Specialist, Supervising x Literacy Services Coordinator x Maintenance Craftsworker x Office Specialist x x Park Maintenance Worker x Park Maintenance Worker, Lead x Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 38 July 1, 2021 through June 30, 2022 Title Full- time Part - time Park Maintenance Worker, Senior x Parking System Technician x Permit Technician x Permit Technician, Senior x Planning Technician x Preschool Teacher I x Preschool Teacher II x Public Works Inspector x Public Works Maintenance Worker x Public Works Maintenance Worker, Lead x Public Works Maintenance Worker, Senior x Recreation Leader II x Recreation Leader III x Recreation Leader IV x x Sweeper Operator x Tree Trimmer x Van Driver x The Union may present requests for position reviews on behalf of its members in accordance with established City procedures and the City agrees to keep the Union informed of the results of the position reviews. Requests for classification reviews of positions together with justification should be made to the employee’s department head by 9/15 of any year. Any recommendations for reclassifications of these positions deemed meritorious by the City shall be handled through the regular budgetary process, and if approved, shall be effective the beginning of the next fiscal year. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 39 Appendix B Incentive Pay by Classification This appendix features an easy, at-a-glance table that indicates those incentives that are unique to classifications and that are considered reportable to CalPERS (“PERSable”). This list does not include PERSable compensation in which eligibility may be open to all unit members (i.e., longevity pay) or acting pay. In the event that there is a discrepancy between this appendix and the body of the MOU, the language in the body of the MOU shall prevail. Title Bilingual Pay Uniforms Class A CDL Accounting Assistant I x Accounting Assistant II x Building Inspector x x Building Inspector, Senior x x Building Maintenance Craftsworker x Building Maintenance Custodian x Building Maintenance Custodian, Lead x Building Maintenance Custodian, Senior x Building Plan Reviewer Code Enforcement Officer Communications Dispatcher x Communications Dispatcher, Supervising x Community Development Specialist Community Services Site Coordinator x Cultural Arts Specialist Electrical Technician x x Electrical Technician, Assistant x x Electrical Technician, Lead x x Electrical Technician, Senior x x Engineering Technician X Engineering Technician, Senior X Equipment Mechanic x x Equipment Mechanic, Lead x x Equipment Operator x x Groundsperson x Librarian I x Librarian II x Library Assistant I x Library Assistant II x Library Specialist, Supervising x Literacy Services Coordinator x Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 40 July 1, 2021 through June 30, 2022 Title Bilingual Pay Uniforms Class A CDL Maintenance Craftsworker x Office Specialist x Park Maintenance Worker x Park Maintenance Worker, Lead x Park Maintenance Worker, Senior x Parking System Technician x x Permit Technician x x Permit Technician, Senior x x Planning Technician x Preschool Teacher I x Preschool Teacher II x Public Works Inspector x Public Works Maintenance Worker x x Public Works Maintenance Worker, Lead x x Public Works Maintenance Worker, Senior x x Recreation Leader II x Recreation Leader III x Recreation Leader IV x Sweeper Operator x x Tree Trimmer x Van Driver Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 41 Appendix C Certification Pay The City of South San Francisco, following discussions with the union, hereby agree to add eligibility for certification pay for the job classifications of Equipment Operator (CWEA, Sign and Pavement and NASSCO PACP) and Lead Building Maintenance Custodian (HVAC). The parties agree that the effective date will be pursuant to 4.8.4. Incentive Pay Effective Date but not earlier than January 1, 2016. The following are the classifications for which Certification Pay is available under Section 4.8. Certification Eligible Classifications Number of Certifications Available at a Time International Code Council (ICC) – Building Inspector, Electrical Inspector, Plumbing Inspector, Mechanical Inspector, Plans Examiner, Permit Technician, Planning Technician; International Association of Plumbing and Mechanical Officials (IAPMO) – Plumbing Inspector, Mechanical Inspector; CA Association of Building Energy Consultants (CABEC) – Certified Energy Plans Examiner; State of CA – Certified Access Specialist (CASp) Building Inspector Senior Building Inspector Permit Technician Planning Technician Unlimited number of employees; Unlimited number of certifications after 1st job required certification, up to maximum certification pay allowed Certified Public Infrastructure Inspector (CPII) through the American Public Works Association (APWA) Public Works Inspector Unlimited Certified Municipal Arborist through International Society of Arboriculture Groundsperson Tree Trimmer Up to 2 employees Certified Backflow Tester through American Water Works Association Park Maintenance Worker Senior Park Maintenance Worker Lead Park Maintenance Worker Park Maintenance Craftsworker Up to 5 employees Certified Playground Safety Inspector through National Recreation and Park Association Park Maintenance Worker Senior Park Maintenance Worker Lead Park Maintenance Worker Park Maintenance Craftsworker Up to 5 employees Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 42 July 1, 2021 through June 30, 2022 Certification Eligible Classifications Number of Certifications Available at a Time (NRPA) and California Parks and Recreation Society (CPRS) Pest Control Advisor through California Department of Pesticide Regulation Park Maintenance Worker Senior Park Maintenance Worker Lead Park Maintenance Worker Up to 1 employee Qualified Applicator’s Certificate through California Department of Pesticide Regulation Park Maintenance Worker Senior Park Maintenance Worker Lead Park Maintenance Worker Park Maintenance Craftsworker Up to 5 employees HVAC Service Technician through Building Operator Certification Lead Building Maintenance Custodian Building Maintenance Craftsworker Up to 2 employees CWEA Collections Systems Maintenance Certification I, II, III, IV Public Works Maintenance Worker Senior Public Works Maintenance Worker Lead Public Works Maintenance Worker Equipment Operator Unlimited Fire Mechanic I, II, III through Cal Fire Office of the State Fire Marshal Equipment Mechanic Lead Equipment Mechanic Unlimited Traffic Signal Technician Level I, Traffic Signal Field Technician Level II, Traffic Signal Senior Field Technician Level III through the International Municipal Signal Association (IMSA) Assistant Electrical Technician Electrical Technician Senior Electrical Technician Lead Electrical Technician Unlimited Sign and Pavement Marking Technician Level I, II, III through the International Municipal Signal Association (IMSA) Public Works Maintenance Worker Senior Public Works Maintenance Worker Lead Public Works Maintenance Worker Unlimited P.O.S.T Dispatch Supervisor Supervising Communications Dispatcher Unlimited Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 43 NASSCO PACP Certified Employees—Any NASSCO PACP certified Public Works Maintenance Worker, Senior Public Works Maintenance Worker, Lead Public Works Maintenance Worker, Public Works Inspector, or Equipment Operator shall receive an additional 2.5% of base pay for all hours actually worked operating or maintaining sewer video inspection equipment or reviewing and inspecting video to assess condition and compliance with applicable codes and regulations. Underground Service Alert (USA) Locator Certified Employees—Incumbents in the Public Works Maintenance Worker classification who are assigned to perform USA locator marking duties will receive additional pay equivalent to 2.5% of their base pay for all hours worked in this capacity. The Lead Public Works Maintenance Worker will determine for each shift which employee(s) in the Public Works Maintenance Worker classification will perform USA locator marking duties. The Lead Public Works Maintenance Worker may make recommendations to the Public Works Director which employees should attend the City-paid USA locator marking certification training. Only the Public Works Director may approve USA locator marking certification training for Public Works employees recommended to attend the City-paid training. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 44 July 1, 2021 through June 30, 2022 Appendix D Expense Reimbursements by Classification This appendix features an easy, at-a-glance table that indicates certain reimbursements that are unique to classifications. In the event that there is a discrepancy between this appendix and the body of the MOU, the language in the body of the MOU shall prevail. Title Tools Safety Shoes Rx Safety Glasses Reimburse Class A or B CDL Accounting Assistant I Accounting Assistant II Building Inspector x x Building Inspector, Senior x x Building Maintenance Craftsworker x x Building Maintenance Custodian x x Building Maintenance Custodian, Lead x x Building Maintenance Custodian, Senior x x Building Plan Reviewer Code Enforcement Officer Communications Dispatcher Communications Dispatcher, Supervising Community Development Specialist Community Services Site Coordinator Cultural Arts Specialist Electrical Technician x x x Electrical Technician, Assistant x x x Electrical Technician, Lead x x x Electrical Technician, Senior x x x Engineering Technician x x Engineering Technician, Senior x x Equipment Mechanic x x x x Equipment Mechanic, Lead x x x x Equipment Operator x x x Groundsperson x x x Librarian I Librarian II Library Assistant I Library Assistant II Library Specialist, Supervising Literacy Services Coordinator Maintenance Craftsworker x x Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 45 Title Tools Safety Shoes Rx Safety Glasses Reimburse Class A or B CDL Office Specialist Park Maintenance Worker x x x Park Maintenance Worker, Lead x x x Park Maintenance Worker, Senior x x x Parking System Technician x x Permit Technician x Permit Technician, Senior x Planning Technician Preschool Teacher I Preschool Teacher II Public Works Inspector x x Public Works Maintenance Worker x x x Public Works Maintenance Worker, Lead x x x Public Works Maintenance Worker, Senior x x x Recreation Leader II Recreation Leader III Recreation Leader IV Sweeper Operator x x x Tree Trimmer x x x Van Driver Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 46 July 1, 2021 through June 30, 2022 Appendix E Salary Schedule Effective July 9, 2021 JOB TITLE JOB CODE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Accounting Assistant I A480 25.67 26.95 28.30 29.71 31.20 Accounting Assistant II A225 28.20 29.61 31.09 32.65 34.28 Building Inspector A135 43.96 46.16 48.47 50.89 53.44 Building Inspector - Senior A400 48.01 50.41 52.93 55.58 58.36 Building Maintenance Craftsworker A465 33.96 35.66 37.44 39.32 41.28 Building Maintenance Custodian A140 24.94 26.19 27.49 28.87 30.31 Building Maintenance Custodian - Lead A190 31.57 33.15 34.81 36.55 38.38 Building Maintenance Custodian - Senior A320 27.46 28.84 30.28 31.79 33.38 Building Plan Reviewer A690 46.05 48.35 50.77 53.30 55.97 Code Enforcement Officer A145 37.64 39.52 41.50 43.57 45.75 Communications Dispatcher A150 36.85 38.70 40.63 42.66 44.79 Communications Dispatcher - Supervising A365 43.47 45.64 47.93 50.32 52.84 Community Development Specialist A660 41.24 43.30 45.47 47.74 50.13 Community Services Site Coordinator A640 24.98 26.23 27.54 28.92 30.36 Cultural Arts Specialist A650 34.06 35.76 37.55 39.42 41.40 Electrical Technician A160 41.42 43.49 45.67 47.95 50.35 Electrical Technician - Assistant A120 30.57 32.09 33.70 35.38 37.15 Electrical Technician - Lead A335 51.11 53.67 56.35 59.17 62.13 Electrical Technician - Senior A500 45.45 47.72 50.10 52.61 55.24 Engineering Technician A167 34.22 35.93 37.72 39.61 41.59 Engineering Technician - Senior A168 37.64 39.52 41.50 43.57 45.75 Equipment Mechanic A170 35.31 37.08 38.93 40.88 42.92 Equipment Mechanic - Lead A345 38.24 40.15 42.16 44.27 46.48 Equipment Operator A175 35.40 37.17 39.03 40.98 43.03 Groundsperson A505 32.23 33.85 35.54 37.32 39.18 Librarian I A210 32.82 34.46 36.18 37.99 39.89 Librarian II A240 36.12 37.92 39.82 41.81 43.90 Library Assistant I A220 25.77 27.06 28.41 29.83 31.32 Library Assistant II A215 28.46 29.89 31.38 32.95 34.60 Library Specialist - Supervising A670 33.69 35.38 37.15 39.00 40.95 Literacy Services Coordinator A445 37.07 38.93 40.87 42.92 45.06 Maintenance Craftsworker A280 33.96 35.66 37.44 39.32 41.28 Office Specialist A295 26.59 27.92 29.32 30.78 32.32 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 47 JOB TITLE JOB CODE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Park Maintenance Worker A250 28.71 30.14 31.65 33.23 34.90 Park Maintenance Worker - Lead A195 34.16 35.87 37.66 39.54 41.52 Park Maintenance Worker - Senior A350 30.76 32.30 33.91 35.61 37.39 Parking System Technician A245 34.16 35.87 37.66 39.54 41.52 Permit Technician A460 38.86 40.80 42.84 44.99 47.24 Permit Technician - Senior A700 41.34 43.40 45.57 47.85 50.24 Planning Technician A462 38.85 40.80 42.83 44.98 47.23 Preschool Teacher I A495 22.75 23.89 25.08 26.34 27.66 Preschool Teacher II A680 25.03 26.28 27.60 28.98 30.43 Public Works Inspector A310 43.96 46.16 48.47 50.89 53.44 Public Works Maintenance Worker A275 28.71 30.14 31.65 33.23 34.90 Public Works Maintenance Worker - Lead A200 34.16 35.87 37.66 39.54 41.52 Public Works Maintenance Worker - Senior A360 30.76 32.30 33.91 35.61 37.39 Recreation Leader II A610 17.18 18.04 18.95 19.89 20.89 Recreation Leader III A620 18.64 19.57 20.55 21.58 22.66 Recreation Leader IV A515 20.68 21.72 22.80 23.95 25.14 Sweeper Operator A370 33.42 35.09 36.85 38.69 40.62 Tree Trimmer A375 34.42 36.14 37.95 39.85 41.84 Van Driver A510 17.57 18.45 19.38 20.34 21.36 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 48 July 1, 2021 through June 30, 2022 Appendix F Labor Management Committee This intent of the Labor-Management Committee is to foster better communication between Labor and Management and to provide an opportunity for the Union to provide feedback to the City on issues that might affect bargaining unit members. The Labor Management Committee will meet at least four times per year to discuss issues related to the labor management relationship. Additional meetings may be scheduled by mutual agreement of the parties. The Director of Human Resources shall be the standing City representative on the Labor Management Committee. Other supervisors, managers or human resources personnel shall be invited to attend as needed as determined by the Director of H. The Union may invite up to three (3) bargaining unit employees to the Committee meetings. The Union representati ve may also attend as a member of the Committee. Additional people may be invited by mutual agreement of the parties. Meetings shall be scheduled for one hour (or longer by mutual agreement.) EXHIBIT A Published by Human Resources Department City of South San Francisco Street Address: Mailing Address: City Hall P.O. Box 711 400 Grand Avenue, 1st Floor South San Francisco CA 94083 South San Francisco CA 94080 650/877-8522 Tel Web Site: 650/829-6699 Job Line www.ssf.net 650/829-6698 Fax EXHIBIT B The City of South San Francisco Memorandum of Agreement/Compensation Plan between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 EXHIBIT B City of South San Francisco Mid-management Unit Memorandum of Agreement/Compensation Plan July 1, 2021 through June 30, 2022 Table of Contents Article Title Page 1 Preamble ............................................................................................................ 1 2 Recognition ........................................................................................................ 1 3 Union Membership and Dues ............................................................................ 1 3.1 Notification of New Employees ................................................................ 1 3.2 Indemnify and Hold Harmless .................................................................. 1 3.3 Payroll Deductions .................................................................................... 3.3.1 Payroll Deduction Procedures ...................................................... 3.3.2 Suspension of Union Dues During Leave of Absence ................. 2 2 2 3.4 Communication with Employees .............................................................. 2 3.5 Advance Notice ......................................................................................... 2 3.6 Copies of Memorandum of Understanding .............................................. 2 4 Compensation .................................................................................................... 2 4.1 Definitions ................................................................................................ 2 4.1.1 Base Pay ........................................................................................ 2 4.1.2 Enhanced Pay ................................................................................ 3 4.2 Wage Rates ............................................................................................... 3 4.2.1 Overtime Pay in Case of Emergency Declaration ....................... 3 4.3 Salary Schedule ......................................................................................... 3 4.4 Payment of Compensation ........................................................................ 3 4.5 Continuous Employment ........................................................................... 3 4.6 Longevity Pay ........................................................................................... 3 4.6.1 Fifteen Years of Service ............................................................... 3 4.6.2 Twenty Years of Service ............................................................... 3 4.7 Temporary Assignment to Higher Level Positions ................................... 4 4.8 Salary Survey ............................................................................................ 4 4.9 Benchmarked Classifications ................................................................... 4 4.10 Uniforms ................................................................................................... 4 4.11 Standby Compensation ............................................................................. 4 4.11.1 Employees assigned standby ..................................................... 4 4.11.2 Eligible positions for standby ..................................................... 4 4.12 Bilingual Incentive Pay .............................................................................. 4 4.12.1 Classification Eligible for Bilingual Incentive pay ..................... 4 4.12.2 Current Languages in Effect ....................................................... 4 4.12.3 Testing and Compensation.......................................................... 5 4.12.4 Translating .................................................................................. 5 5 Reimbursements and Allowances ...................................................................... 5 5.1 Education Expense Reimbursement Program ........................................... 5 5.1.1 Eligibility ........................................................................................ 5 Page 2 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Article Title Page 5.1.2 Education Expense Reimbursement Amount ................................ 5 5.1.3 Personal and Professional Development Expense Stipend ........... 5 5.1.4 Qualifying for Education Expense Reimbursement Program ....... 5 5.1.4.1 Department Head Approval .................................................... 5 5.1.4.2 Reimbursement Request ......................................................... 6 5.1.4.3 City Manager Approval .......................................................... 6 6 Benefits .............................................................................................................. 6 6.1 Health Insurance Benefits ........................................................................ 6 6.2 Medical Insurance .................................................................................... 6 6.2.1 Medical Insurance Providers ......................................................... 6 6.2.2 Medical Insurance Plans ............................................................... 6 6.2.3 Payment of Premium Costs ........................................................... 6 6.2.3.1 Employee HMO Medical Premium Cost ................................ 6 6.2.3.2 Employee Non-HMO Medical Premium Cost ........................ 6 6.2.4 Effective Date of Coverage ............................................................ 6 6.3 Dental Insurance ...................................................................................... 7 6.3.1 Core Dental Plan ........................................................................... 7 6.3.1.1 Calendar year maximum .................................................... 7 6.3.1.2 Orthodontia ........................................................................ 7 6.3.2 Buy-up Dental Plan ....................................................................... 7 6.3.3 Payment of Premium Costs ........................................................... 7 6.3.4 Effective Date of Coverage ........................................................... 7 6.4 Vision Insurance ....................................................................................... 7 6.4.1 Available Plan .............................................................................. 7 6.4.2 Payment of Premium Costs .......................................................... 7 6.4.3 Effective Date of Coverage .......................................................... 7 6.5 Discretionary Benefit Option .................................................................... 7 6.5.1 Proof of Alternate Insurance ........................................................ 8 6.5.2 Exercising the Option................................................................... 8 6.6 Life Insurance and Accidental Death and Dismemberment Insurance ....... 8 6.6.1 Term Life Value ............................................................................ 8 6.6.2 AD&D Value ................................................................................ 8 6.6.3 Payment of Premium Costs ........................................................... 8 6.6.4 Effective Date of Coverage ............................................................ 8 6.6.5 Supplemental Life Insurance ......................................................... 8 6.7 Disability Insurance Program ..................................................................... 8 6.7.1 Short-term Disability..................................................................... 8 6.7.2 Long-term Disability ..................................................................... 8 6.7.3 Payment of Premium Costs ........................................................... 8 6.7.4 Effective Date of Coverage .......................................................... 8 6.8 Retirement Plans ......................................................................................... 9 6.8.1. PERS Miscellaneous Retirement Formula ................................... 9 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 3 Article Title Page 6.8.1.1 2.7% at Age 55 ............................................................... 9 6.8.1.2 2% at Age 60 .................................................................... 9 6.8.1.3 2% at Age 62 .................................................................... 9 6.8.2 Employee Contributions to Retirement System ............................ 9 6.8.3 IRS Tax Exemption ........................................................................ 9 6.8.4 Optional Provisions Added ............................................................ 9 6.8.4.1 Military Service Credit ...................................................... 9 6.8.4.2 Sick Leave Service Credit ................................................. 9 6.9 Section 457 Deferred Compensation Plan ................................................. 9 6.10 Section 125 Plan ....................................................................................... 9 6.10.1 Health Care Reimbursement ........................................................ 9 6.10.2 Dependent Care Reimbursement ................................................. 10 6.10.3 Group Insurance Premium Plan ................................................... 10 6.11 Separation Benefits .................................................................................... 10 6.11.1 Payment of Unused Accrued Sick Leave ..................................... 10 6.12 Retirement Health Savings Plan ............................................................... 10 6.12.1 Mandatory Employee Leave Contribution ................................... 10 6.12.2 Direct Employee Contribution ..................................................... 10 6.13 Retired Employee Benefits ....................................................................... 10 6.13.1 Group Medical Insurance for Qualifying Retirees ..................... 10 6.13.1.1 City-provided Spouse Benefit ......................................... 11 6.13.1.2 Spouse-paid Benefit ......................................................... 11 6.13.2 Medical After Retirement Account (MARA) ............................. 11 6.13.3 Group Dental Insurance for Qualifying Retirees ........................ 11 6.13.4 Group Vision Insurance for Qualifying Retirees ........................ 11 7 Holidays ............................................................................................................. 11 7.1 Holidays ..................................................................................................... 11 7.2 Discretionary Holidays .............................................................................. 11 7.3 Observed Holidays ..................................................................................... 12 7.3.1 Full-day Holidays .......................................................................... 12 7.3.2 Half-day Holidays ......................................................................... 12 7.3.3 Day of Holiday Observation ......................................................... 12 7.4 Day of National Mourning or Celebration ................................................. 12 7.5 Monday through Friday Work Hours ........................................................ 12 8 Leaves ................................................................................................................ 12 8.1 Vacation .................................................................................................... 12 8.1.1 Vacation Accrual Rates ................................................................... 12 8.1.2 Vacation Accumulation................................................................... 12 8.1.3 Vacation Cash-Out .......................................................................... 13 8.1.4 Vacation Leave Payout Upon Separation ....................................... 13 8.2 Administrative Leave ................................................................................ 13 8.2.1 Administrative Leave Taken ........................................................... 13 Page 4 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Article Title Page 8.2.2 Carryover of Administrative Leave ................................................ 13 8.2.3 Administrative Leave for New Employees ..................................... 13 8.2.3.1 Supplemental Administrative Leave ................................ 13 8.2.3.2 Qualifying for Supplemental Administrative Leave ........ 13 8.2.3.3 Employee Requests .......................................................... 14 8.2.3.4 Department Head Recommendation ................................. 14 8.2.3.5 Carrying Over Supplemental Leave ................................. 14 8.3 Sick Leave ................................................................................................. 14 8.3.1 Amount of Sick Leave .................................................................. 14 8.3.2 Maximum Paid Sick Leave Time .................................................. 14 8.3.3 Sick Leave Management Policy .................................................... 14 8.3.4 Protected Leave ............................................................................ 14 8.3.5 Medical Appointments .................................................................. 14 8.4. Medical Appointments Leave ................................................................... 15 8.4.1 Approval ....................................................................................... 15 8.4.2 Affidavit of Leave ......................................................................... 15 8.4.3 Leave Confirmation ...................................................................... 15 8.5 Bereavement Leave ................................................................................... 15 8.5.1 Definition of Family Member for Bereavement Leave ................. 15 8.5.2 Leave Within California ................................................................ 15 8.5.3 Leave Outside California .............................................................. 15 8.6 Industrial Injury or Illness Leave ............................................................... 15 8.6.1 Industrial Injury or Illness Leave Amounts ................................... 16 8.6.2 Workers’ Compensation Disability Payments .............................. 16 8.7 Military Leave ............................................................................................ 16 8.8 Short- or Long-term Disability Leave ....................................................... 16 8.8.1 Insurance Premiums ...................................................................... 16 8.8.2 Extending Leave............................................................................ 16 8.8.3 Separating Employee on Leave ..................................................... 16 8.9 Reporting Leave Usage ............................................................................. 16 8.10 Light-duty Program................................................................................... 16 8.10.1 Coverage .................................................................................... 17 8.10.2 Determination/Required Reports ............................................... 17 8.10.2.1 Assignments ....................................................................... 17 8.10.2.2 Medical Updates ............................................................... 17 8.10.2.3 Light-duty Assignment, Definitions, and Restrictions ...... 17 8.10.3 Holidays/Vacations During Light-duty Assignments ................. 18 8.10.3.1 Holidays Observed ............................................................ 18 8.10.3.2 Vacations ........................................................................... 18 8.10.4 Return to Full-duty Assignment ................................................. 18 8.11 CFRA/FMLA/Pregnancy Disability Leave .............................................. 18 8.11.1 Extended Unpaid Parental Leave ................................................ 18 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 5 Article Title Page 8.11.1.1 Leave Duration .............................................................. 18 8.11.1.2 Use of Leaves ................................................................ 18 8.11.1.3 Salary and Benefit Continuance .................................... 18 8.11.3.4 Unexpected Return to Work ......................................... 19 9 Work Hours ....................................................................................................... 19 9.1 Eight-hour Schedule .................................................................................. 19 9.2 Alternate Workweek Schedule ................................................................... 19 9.3 Flexible Work Hours .................................................................................. 19 10 Recreational Facilities and Classes 19 10.1 Admission to Classes ................................................................................ 19 10.2 Use of Facilities ........................................................................................ 19 11 Grievance Procedure .......................................................................................... 19 12 Disciplinary Action ............................................................................................ 19 13 Annual Meeting 20 14 Administration of Memorandum of Agreement/Compensation Program 20 14.1 Full and Entire Agreement ........................................................................ 20 14.2 Administering the Agreement ................................................................... 20 14.3 City Manager Powers ................................................................................. 20 15 Signatures ........................................................................................................... 20 Appendix A – Mid-management Classifications ............................................... 20 EXHIBIT B Memorandum of Agreement/Compensation Plan between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Article 1. Preamble This Mid-management Memorandum of Agreement/Compensation Plan sets forth those salaries, benefits, terms, and conditions of employment in effect for the period July 1, 2021 through June 30, 2022, and continues thereafter unless modified by the City Council. Article 2. Recognition The Mid-management Employee Unit shall consist of all full-time regular employees working in positions that are included in the exempt service of the City of South San Fran cisco, as identified in Appendix A, as well as those classifications that may be added to this Unit by the City. Teamsters Union, Local 856 is recognized as the Unit’s majority representative, as provided in City’s Resolution 110-2014 adopted September 8, 2014. Article 3. Union Membership and Dues 3.1 Notification of New Employees— The City shall notify the Union of the name, classification, job title, department, work location and date of hire of each new, transferred or promoted employee appointed to a position covered by this memorandum. Notice shall be provided to the Union within thirty (30) calendar days of hire, or by the first pay period of the month following hire. The City shall provide the work, home, and personal cellular telephone numbers, work and personal email addresses and home address on file with the City. Notice shall be provided to the Union within one calendar month from the date of hire. The employer shall also provide the Union with this information for all employees in the bargaining unit at least every 120 days. 3.2 Indemnify and Hold Harmless—The Union shall indemnify and hold the City harmless from any cost of liability resulting from any and all claims, demands, suits, or any other action arising from the operation of this provision or from the use of the monies remitted to the Union, including the costs of defending against any such actions or claims. The Union agrees to refund to the City any amounts paid to it in error. In addition, the Union shall hold the City and its officers and employees, harmless for following the instructions contained in such dues deduction authorizations. Page 2 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 3.3 Payroll Deductions—The City shall withhold Union dues from the salary of an employee and remit withholdings to the Union, provided that the Union certifies in writing to the City that the Union has and will maintain each employee’s authorization for such deductions. 3.3.1 Payroll Deduction Procedures—The effective date of withholdings, time of remitting withholding to the Union, and all procedural matters shall be as mutually acceptable to the Union and the City, provided that the City’s payroll system and its operations are not thereby disrupted. 3.3.2 Suspension of Union Dues During Leave of Absence–An employee on unpaid leave of absence for a period of 30 calendar days or more shall not be required to pay Union dues during the period of the employee’s leave. 3.4 Communication with Employees— The City shall provide the Union access to its new employee orientation onboarding process, in which new employees are advised of their employment status, rights, benefits, duties, and responsibilities, or any other employment- related matters. The Union representative shall be provided at least 30 minutes to meet with the employee during this process. The Union shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The Union shall be provided suitable space on bulletin boards at the work location for posting notices concerning official union business. Such information shall be in compliance with applicable City and departmental policies. 3.5 Advance Notice—Except in cases of emergency as provided below, the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City. The Union shall be given the opportunity to meet and confer with appropriate management representatives prior to the adoption of such an ordinance, resolution, rule, or regulation. 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. 3.6 Copies of Memorandum of Understanding—The City shall post the MOU on the City’s Web site. Article 4. Compensation 4.1 Definitions— 4.1.1 Base Pay—Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 4.1.2 Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay and incentive pay such as longevity pay. Enhanced pay does not include acting pay or temporary assignment pay. Each incentive pay will be computed on base pay. The sum of the base pay plus each incentive is the enhanced rate of pay. Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 3 4.2 Wage Rates—All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows: • Effective July 9, 2021 bargaining unit member salaries shall be increased by three percent (3%). There will be no retroactive across-the-board base pay adjustments. 4.2.1 Overtime Pay in Case of Emergency Declaration––In the event a state of emergency is called for the City by the City Council, County of San Mateo, State of California, or Federal Government, employees will be paid at the rate of time and one-half for the hours worked in excess of 40 hours a week on activities related to disaster management and recovery that are reimbursable by state or federal funding. Employees will be similarly compensated when rendering aid to other agencies in an emergency declaration situation where overtime is reimbursable by the requesting agency. Overtime shall be paid within a reasonable time to allow processing and shall not be withheld until settlement of claims for reimbursement. 4.3 Salary Schedule—Mid-management positions shall have 5 pay steps, providing for a differential of 5 percent between steps. Individuals may progress through the salary schedule based on satisfactory performance of 6 months in Steps 1 and 2 and 12 months in Steps 3 and 4. 4.4 Payment of Compensation—Each employee shall be compensated on a biweekly basis. Payment will normally be made on the Thursday immediately following the conclusion of a City pay period. Each City pay period consists of 14-calendar days and begins on a Friday, the first day of the pay period, and ends on a Thursday, the last day of the pay period. 4.5 Continuous Employment—Employees who are on continuous paid regular service for a partial pay period shall receive pro-rated compensation for the pay period at the rate of 1/80th of the employee’s biweekly salary rate for each hour that the employee was on continuous paid regular service. 4.6 Longevity Pay—Regular employees hired prior to July 1, 2012 shall receive longevity pay in accordance with the following schedule: 4.6.1 Fifteen Years of Service—After 15-full years of full-time regular service (including probationary periods), 1.5% will be added to the employee’s base hourly rate of pay. 4.6.2 Twenty Years of Service—After 20-full years of full-time regular service (including probationary periods), in addition to above, another 1.0% of pay will be added to the employee’s base hourly rate of pay. Longevity pay is not available for employees hired on or after July 1, 2012. 4.7 Temporary Assignment to Higher-level Positions—An employee assigned to the full scope of the duties of a higher-level classification shall not be paid the salary of that classification unless the employee serves in that capacity for 30-calendar days or more. In that event, the employee shall receive the pay of the higher-level classification commencing with the first day of said 30-day service. 4.8 Salary Survey—In the event of a salary survey and upon adoption by Council, the base rate of pay for all employees shall be increased, if and to the extent required, to keep employees Page 4 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 at the 60th percentile in total compensation of the previously agreed upon survey agencies, using the City’s standard methodology which ranks the cities on total compensation. 4.9 Benchmarked Classifications—In the event of a salary survey, the benchmarked classifications will be reviewed to determine continued applicability for compensation surveys. 4.10 Uniforms— Excluding PEPRA employees, as defined by CalPERS, the monetary value for the purchase of uniforms and the maintenance through the City-contracted uniform company is reportable to CalPERS as special compensation. This excludes items that are for personal health and safety such as protective garments and safety shoes. 4.11 Standby Compensation– Compensation for standby shall be as follows and maintains a “me too” provision in the event of a change to the Standby Compensation provision in the AFSCME MOU: 4.11.1 Employees assigned to standby shall receive $500 per week for each week they are assigned to standby. 4.11.2 Eligible positions for standby shall be as follows: Information Technology Manager Information Systems Administrator Senior Systems Administrator Additional positions may be added, when necessary to the operation of the City, and with approval by the Human Resources Director and the City Manager. 4.12 Bilingual Incentive Pay — Bilingual skills shall be necessary to the operation of the City, as determined by the department head and confirmed by an appropriate certification process established by the City. 4.12.1 Classifications Eligible for Bilingual Incentive Pay—Positions eligible for bilingual incentive pay are: • Library Program Manager (when assigned to Literacy Services) • Recreation and Community Services Coordinator • Childcare Assistant Supervisor 4.12.2 Current Languages in Effect—To be eligible to participate in this program, employees must speak a second language used by a significant segment of South San Francisco population. For the duration of this agreement, the following languages shall qualify for an employee to receive the Bilingual Incentive Pay under this section: • Spanish • Tagalog • American Sign Language • Cantonese • Mandarin 4.12.3 Testing and Compensation—An employee who has tested, using the City’s standard bilingual testing procedures and demonstrating to the department head’s satisfaction, proficiency in speaking a second language, shall be compensated at a rate 2.5% higher than the employee’s base hourly rate of pay. Such compensation shall commence the next pay period after the employee has passed a qualifying examination, as determined by the City, Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 5 demonstrating proficiency in the language. 4.12.4 Translating—Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be asked to assist an individual who is doing business with the City at worksites other than their primary work location Article 5. Reimbursements and Allowances 5.1 Education Expense Reimbursement Program— 5.1.1 Eligibility—An employee who takes a job-related course at an accredited institution of learning shall be eligible for reimbursement of the costs as indicated below. 5.1.2 Education Expense Reimbursement Amount—In order to further the development of the workforce, the reimbursement amount shall be 50%, not to exceed $2000, per fiscal year for the costs of tuition, fees, and course materials. The employee will be eligible for this reimbursement upon the successful completion of the course and upon the employee having achieved a grade of “Pass” or “C” or better. Reimbursement is limited to courses that are job-related or may advance the employee’s career with the City. 5.1.3 Personal and Professional Development Expense Stipend—In each fiscal year, all bargaining unit employees shall receive $750 for personal and professional development. The stipend is intended for professional reference materials, outside training, extra coursework, personal electronic equipment, when utilized for work-related purposes, health and wellness, and professional organization membership. This stipend shall be paid in accordance with PERL (Public Employees’ Retirement Law) and the IRS tax code. Stipends shall be paid with the first full pay period in January of each year, and shall not be prorated for new employees. Employees who have submitted their intent to separate from the City shall not be eligible for this stipend. 5.1.4 Qualifying for Education Expense Reimbursement Program—In order to qualify for reimbursement, the employee must: 5.1.4.1 Department Head Approval—Prior to enrollment, receive the written approval of the department head or designee. The employee will submit a request, along with a description of the course that briefly describes how the course may advance the employee’s career with the City and/or its relevance to the employee’s job. The department head or designee will make a determination to accept or reject the request. 5.1.4.2 Reimbursement Request—A request for reimbursement must be submitted to the City Manager that includes a copy of the department head or designee’s written approval of the course, a copy of the employee’s course grade, the receipts for all course expenses, and the total amount requested for reimbursement. 5.1.4.3 City Manager Approval—The City Manager shall approve the employee’s request for reimbursement provided that the employee has Page 6 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 prepared the request in compliance with this Agreement. Article 6. Benefits 6.1 Health Insurance Benefits—Regular employees shall be eligible to receive insurance benefits currently provided by the City through its contracts with insurance carriers or self- insurance programs. 6.2 Medical Insurance— 6.2.1 Medical Insurance Providers—Should the City determine that there ought to be an amendment in medical plan providers, such as adding, deleting, or changing providers, the City will undertake this conversion, making every effort to maintain the same level of service to participants without costing the City additional funds for medical plan premiums. 6.2.2 Medical Insurance Plans—Subject to the terms and conditions of the City’s contracts with medical insurance carriers, eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the following providers: • Kaiser Permanente • Blue Shield of California 6.2.3 Payment of Premiums 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. 6.2.3.1 Employee HMO Medical Premium Cost—.All employees on the City’s medical plans shall contribute an amount equal to 10.0% of the HMO premium cost based on plan choice and category of coverage (single, two, family). 6.2.3.2 Employee Non-HMO Medical Premium Cost—Employees enrolled in more expensive plans pay the difference between the HMO rate and the other premium rate, based on coverage size (single, two, family). 6.2.4 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. Dependent coverage shall terminate on the date prescribed by each medical insurance carrier’s contract for discontinuance of dependents no longer eligible for coverage. 6.3 Dental Insurance 6.3.1 Core Dental Plan—Employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City’s contract with the provider. 6.3.1.1 Calendar Year Maximum—Effective 11/1/2000, the calendar year maximum is $1,500. Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 7 6.3.1.2 Orthodontia—The lifetime maximum for orthodontia coverage is $1,000 for eligible participants. 6.3.2 Buy-Up Dental Plan—Subject to the terms and conditions of the City’s contract with the provider, employees may participate in an enhanced dental plan by paying the additional coverage costs over the core dental plan. 6.3.3 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 6.3.4 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. 6.4 Vision Insurance— 6.4.1 Available Plan—Employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City’s contract with the provider. The provided plan is Vision Service Plan with tints. 6.4.2 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 6.4.3 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. 6.5 Discretionary Benefit Option— Employees who can demonstrate to the City’s satisfaction that they have medical coverage elsewhere, may elect to have the City pay $550 per month in lieu of medical, dental, and vision benefits contributed into the employee’s deferred compensation account. If an employee exceeds the deferred compensation annual maximum contribution limit, any remaining City contributions will be made to the employee’s Medical After Retirement Account (MARA). 6.5.1 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. 6.5.2 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 rejoin the City’s health plans once each year during the open enrollment period for medical plans, or at another time during the year provided the employee has a qualifying event and submits requisite paperwork within 30 days of the qualifying event. 6.6 Life Insurance and Accidental Death and Dismemberment Insurance— 6.6.1 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 of $50,000. Page 8 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 6.6.2 AD&D Value—Subject to the terms and conditions of the City’s contract with the provider, Accidental Death and Dismemberment Insurance has a face value of $50,000. 6.6.3 Payment of Premium Costs—The City shall pay the premium costs for eligible employees to the insurance provider. 6.6.4 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. 6.6.5 Supplemental Life Insurance—Employees have the option of purchasing supplemental life insurance based on the terms and conditions of the City’s contract with the insurance provider. 6.7 Disability Insurance Program—Subject to the terms and conditions of the City’s contract with the provider, 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. 6.7.1 Short-term Disability—After a 20-calendar day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until LTD benefits begins. 6.7.2 Long-term Disability—After a 90-calendar day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 6.7.3 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. 6.7.4 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. 6.8 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. 6.8.1 PERS Miscellaneous Retirement Formula— 6.8.1.1 2.7% at Age 55—Classic Members as defined by CalPERS who were hired before April 24, 2010 will be provided a retirement benefit formula of 2.7% at age 55 with one-year final compensation. 6.8.1.2 2% at Age 60—Classic Members as defined by CalPERS who were hired on or after April 24, 2010 will be provided a retirement benefit formula of 2% at age 60 with 3-year final compensation. 6.8.1.3 2% at Age 62—New Members as defined by PEPRA who are hired on or after January 1, 2013 will be provided a retirement benefit formula of 2% at age 62 with 3-year final compensation. Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 9 6.8.2 Employee Contributions to Retirement System—The rate prescribed by the Social Security Act for employee contributions shall be deducted from the employee’s pay by the City. The rate prescribed by Public Employees’ Retirement Law shall be deducted from the employee’s pay by the City and forwarded to PERS in accordance with the rules and regulations governing such employee contributions. This amount is 8% of PERSable income for miscellaneous employees as prescribed by PERS for employees in the 2.7% at age 55 plan For miscellaneous employees in the 2% at age 60 plan and in the 2% at age 62 plan, the amount may vary in accordance with the rules and regulations governing such contributions. 6.8.3 IRS Tax Exemption—The City has an exemption from the Internal Revenue Service, granting a deferral from federal withholding taxes of that portion of the employee’s contribution to PERS. This exemption is for all miscellaneous employees, who receive the exemption. 6.8.4 Optional Provisions Added—Optional Public Agency Provisions under PERS shall also be provided as follows: 6.8.4.1 Military Service Credit—An employee who has served in the military may be eligible for Military Service Credit, as authorized by the applicable Public Employees Retirement Law (PERL). 6.8.4.2 Sick Leave Service Credit—Effective 5/11/2001, and as provided for in the Public Employees Retirement Law. 6.9 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. 6.10 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. 6.10.1 Health Care Reimbursement—This program is available for out-of- pocket unreimbursed health care expenses as allowed under the Plan. The annual plan maximum is $2,750 effective 1/1/2021). 6.10.2 Dependent Care Reimbursement—This program is available for out-of- pocket unreimbursed dependent care expenses as allowed under the Plan. The maximum allowed amount is determined by the IRS (as of 2021, $10,500 per calendar year per household; $5,250 for single participants or married participants who file separate returns). 6.10.3 Group Insurance Premium Plan—This program allows employees to pay their portion of insurance premiums with pre-tax dollars. 6.11 Separation Benefits—Payment of separation benefits may be deferred from the time of separation to the first pay period in the calendar year immediately following the date of separation, at the employee’s option. 6.11.1 Payment of Unused Accrued Sick Leave—Employees are eligible to receive payment for unused accumulated sick leave. An employee shall be paid at the employee’s enhanced hourly rate of pay for half of the accumulated sick leave hours. However, no employee shall receive payment of any accrued sick leave hours in excess of 1,200; the maximum Page 10 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 payable hours of 600. This accrual shall include the amount credited, if any, on 1/1/1986, for the period when the 90-day sick leave plan was in effect. Employees are eligible to receive payment for unused accumulated sick leave if they meet one of the following conditions: • Upon death. • After 10 years of service, reaching age 50, and separation from City employment in good standing. 6.12 Retirement Health Savings (RHS) Plan—Mid-management Unit employees may participate in the RHS Plan to the extent permitted under the existing RHS Plan policy. 6.12.1 Mandatory Employee Leave Contribution—All employees with less than 35 years of full-time regular City service at the time of retirement and hired before January 1, 1990 shall contribute 100% of their unused accrued sick leave and unused accrued vacation leave paid out upon retirement into the RHS plan. 6.12.1 Direct Employee Contribution—Employees hired after April 24, 2010 shall contribute $50 each pay period. 6.13 Retired Employee Benefits— 6.13.1 Group Medical Insurance for Qualifying Retirees—An employee who was hired on or prior to April 24, 2010 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that un- retires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. 6.13.1.1 City-provided Spouse Benefit—The City will provide up to 2 months of City-paid medical coverage to the spouse of a retired employee upon the retiree’s death. 6.13.1.2 Spouse-paid Benefit—The City will allow the spouse of a deceased employee/retiree to purchase medical insurance from a City-provided medical plan at the City’s premium rate provided all of the following conditions are met: the employee must be enrolled in the medical plan prior to retirement; there is no cost to the City; the provider does not require a City contribution; and the City is held harmless if the coverage is discontinued 6.13.2 Medical After Retirement Account (MARA)—An employee who was hired Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 11 after April 24, 2010 will not be eligible to participate in the Retiree Medical Insurance program described in 6.13.1. Instead, the City shall contribute the equivalent of one and one-half percent (1.5%) of such an employee’s base salary toward a medical after retirement account (VEBA, or similar vehicle such as RHS plan). 6.13.3 Group Dental Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 6.13.4 Group Vision Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. Article 7. Holidays 7.1 Holidays—All regular employees are eligible for City-provided holidays. 7.2 Discretionary Holiday—Each regular employee shall be eligible for one 8-hour holiday in addition to the holidays observed by the City. The discretionary holiday accrues in the first pay period of each calendar year. Once accrued, this discretionary holiday should be used before vacation leave. An employee who has not used the discretionary holiday before the last full pay period of the calendar year shall forfeit this benefit that calendar year. No cash payouts will be allowed. 7.3 Observed Holidays— 7.3.1 Full-day Holidays—The City shall observe the following full-day holidays. January 1st ............................................................. 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 4th .................................................................. Independence Day First Monday in September .................................. Labor Day Second Monday in October .................................. Indigenous Peoples’ Day November 11th ...................................................... Veteran’s Day Fourth Thursday in November ............................. Thanksgiving Day Friday following Fourth Thursday in November . Day After Thanksgiving December 25th ...................................................... Christmas Day Page 12 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 7.3.2 Half-day Holidays—In addition, the City observes the following half-day holidays. 7.3.3 Day of Holiday Observation—Holidays falling on a Sunday shall be observed on the following Monday. Holidays falling on a Saturday shall be observed on the previous Friday. Half-day holidays shall be observed on the workday immediately previous to the day before Christmas Day and the day before New Year’s Day are observed. 7.4 Day of National Mourning or Celebration—In addition, the City may observe any other day of national mourning or celebration, provided that it has been proclaimed by the City Council and provided that the council directs the closure of City offices for public service. Any such holiday shall be granted only to those employees who are regularly scheduled to work on the day in which the Council proclaims such a holiday. 7.5 Monday through Friday Work Hours—Employees not assigned to continuous operations shall be entitled to receive compensation for 8 hours of holiday time for each full-day holiday and 4 hours of holiday time for each half-day holiday, with the holiday time considered as hours worked. Article 8. Leaves 8.1 Vacation—All regular employees shall be eligible to earn and be granted vacation leave. 8.1.1 Vacation Accrual Rates—Each employee shall accrue vacation hours in accordance with the following accrual rate schedule. Length of Service Pay period Accrual Rate Annual Rate 1st through 4th years, inclusive ............... 4.62 hours ................... 15 days 5th through 14th years, inclusive ............. 6.16 hours ................... 20 days 15th through 24th years, inclusive ........... 7.69 hours ................... 25 days 25th and succeeding years ..................... 9.23 hours ................... 30 days 8.1.2 Vacation Accumulation—An employee may accumulate up to two times the annual accrual rate of vacation hours. Once an employee has accumulated two times the employee’s annual accrual, no further vacation leave will accrue until the pay period after the vacation balance has been reduced below the two-year cap. 8.1.3 Vacation Cash-Out–– Employees shall be allowed to cash out up to 40 hours of unused accrued vacation per calendar year with the following provisions: • Employees must have completed a minimum of one year of service. • Employees must maintain a minimum of 80 hours of accrued vacation hours in their vacation bank. • Vacation hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash-out. • Employees must complete an irrevocable election form and submit the completed form to the Human Resources Department no later than December 15 of the calendar year prior to the year of the desired cash-out. Only time accrued during the calendar year following the irrevocable election Time may December 24th ....................................................... Christmas Eve Day December 31st ....................................................... New Year’s Eve Day Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 13 be sold once per year in November, as long employees have submitted an irrevocable election form in the prior year. 8.1.4 Vacation Leave Payout Upon Separation—An employee who retires or separates from City employment and who has accumulated unused vacation time on record, shall be compensated at the employee’s enhanced hourly rate of pay as of the date of separation for all such unused vacation hours. 8.2 Administrative Leave—Each regular employee shall be entitled to receive 40 hours per fiscal year of administrative leave in recognition of the City’s expectation that members of the Mid-management Employee Unit routinely and consistently perform the duties of their positions during times that involve hours in excess of the normal 5-day, 40-hour workweek. Said 40-hours shall accrue on July 1st of each fiscal year. 8.2.1 Administrative Leave Taken—Administrative leave may be taken in paid time off. 8.2.2 Carryover of Administrative Leave—Administrative leave may not be carried forward from one fiscal year to the next. 8.2.3 Administrative Leave for New Employees—Immediately upon hiring, a new employee shall be entitled to receive administrative leave at the rate of 1.538 hours for each pay period of employment remaining in the fiscal year during the year the employee was hired. 8.2.3.1 Supplemental Administrative Leave—Employees in this Unit are also eligible to receive up to an additional 40 hours of administrative leave per fiscal year. It is recognized that not all members of this Unit will satisfy the eligibility criteria and only those satisfying the criteria may receive the additional hours. 8.2.3.2. Qualifying for Supplemental Administrative Leave—In general, to qualify for supplemental administrative leave, an employee must be required to work additional hours substantially in excess of the customary workweek. The determination as to whether an employee is “required to work” additional hours may be made by the department head. In making this determination, the department head is expected to distinguish between that which is typical for someone in this Unit versus that which is extraordinary. Illustrative of the factors to be considered are the extent to which an individual attends evening meetings and whether attendance is a recurring obligation, and whether the employee regularly performs City- related duties beyond usual work hours in response to direction from the department head. 8.2.3.3 Employee Requests— Employees requesting supplemental administrative leave must submit requests, along with a description of work hours and duties meeting the criteria above, to their department head no later than April 30th of each year for the following fiscal year. 8.2.3.4 Department Head Recommendation— The Department head will review all requests and make a recommendation on each request. All requests and recommendations shall be reviewed by Human Resources Director prior to submission to the City Manager. Page 14 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 8.2.3.3 City Manager Approval—Recommendations for supplemental administrative leave shall be submitted to the City Manager for approval following the Human Resources Director’s review. Employees shall be notified of the decision to approve or deny their request by the department head prior to July 1. 8.2.3.4 Carrying Over Supplemental Leave—Supplemental administrative leave earned but not used may not be carried forward from one fiscal year to the next, nor may unused hours be converted to compensation. 8.3 Sick Leave—An employee who is ill or injured, or is entitled to use sick leave for other purposes as required by law, is entitled to paid sick leave as follows: 8.3.1 Amount of Sick Leave—Each employee will accrue 8 hours per month of sick leave. Such leave may be accumulated without limit. 8.3.2 Maximum Paid Sick Leave Time—An employee who has insufficient unused sick leave hours on record to cover any absence from the job shall use accrued vacation leave and administrative leave prior to receiving authorization for leave of absence without pay. 8.3.3 Sick Leave Management Policy—The City’s Sick Leave Management Policy Administrative Instruction defines abuse of sick leave as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum sick leave use, and reporting should conform to a general City standard. Therefore, employees exceeding 56 hours of sick leave per calendar year will be subject to a review of sick leave usage. 8.3.4 Protected Leave—Employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the following purposes: 1. the diagnosis, care, or treatment of an existing health condition of, or preventative care for, themselves; 2. the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s child (regardless of age or dependency status), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of the employee’s spouse or registered domestic partner; and 3. If the employee is a victim of domestic violence, sexual assault, or stalking, to obtain any relief to help ensure the health, safety or welfare of the employee or his or her child. 8.3.5 Medical Appointments – Employees should reasonably attempt to schedule appointments with health care practitioners or dentists when such appointments can occur outside of work hours. 8.4 Medical Appointments Leave—A full-time regular employee may be granted leave without loss of salary or benefits for the purpose of going to appointments with healthcare practitioners or dentists in instances where the employee can demonstrate that the appointment could not have been reasonably scheduled to occur at a non-work time of the the employee. Medical appointment leave will be charged on a calendar-year basis. 8.4.1 Approval – An employee requesting such paid leave shall receive department head Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 15 approval prior to the leave commencing. Medical appointment leave shall be authorized only for that period of time necessary to provide reasonable travel time to and from the appointment and the actual time required for the appointment. 8.4.2 Affidavit of Leave – The employee requesting such leave shall submit a sick leave request form to verify the need for the appointment. 8.4.3 Leave Confirmation – The City reserves the right to confirm any appointment for which such leave is authorized. 8.4.4 Medical Appointment Leave Charges to Sick Leave – Absences of the first 8 hours per calendar year will not be charted to sick leave; the remainder of any leave used for medical appointment purposes will be charged to sick leave. 8.5 Bereavement Leave—An employee may be granted paid leave of absence upon the death or for the funeral of a family member as defined below. 8.5.1 Definition of Family Member for Bereavement Leave—For the purpose of bereavement leave, a family member is defined as a spouse, domestic partner registered with the State of California, child, father, mother, brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in- law, daughter-in-law, and son-in-law. In addition, the department head may grant bereavement leave to an employee upon the death or for the funeral of some other person, if in the opinion of the department head, there existed an extraordinarily close familial relationship between the employee and such other person. 8.5.2 Leave Within California—Employees may be granted up to a maximum of 24 hours of bereavement leave per occurrence for the death or for the funeral of a family member within California. 8.5.3 Leave Outside California—Employees may be granted up to a maximum of 40 hours of bereavement leave per occurrence for the death or for the funeral of a family member outside of California. 8.6 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 and requires the employee to be absent from work, shall be entitled to receive paid industrial injury or illness leave without loss of salary or benefits, as indicated. 8.6.1 Industrial Injury or Illness Leave Amounts—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 during a 90-calendar day period following the date upon which the injury or illness caused the period of temporary and/or partial disability and necessitated the employee’s absence from work. 8.6.2 Workers’ Compensation Disability Payments—An employee who is receiving paid industrial injury or illness leave shall assign to the City all workers’ compensation insurance proceeds received by the employee for all of the time for which the employee also received paid leave from the City. 8.7 Military Leave—This leave shall be granted in accordance with the provisions of applicable state and federal law. 8.8 Short- or Long-term Disability Leave—After an employee is on leave due to disability and upon an employee qualifying for short- or long-term disability insurance benefits, in Page 16 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 accordance with the requirements of law, the City shall determine whether to separate the employee from the position or grant the employee a leave of absence without pay for any period up to 365-calendar days or a reasonable extension thereof. 8.8.1 Insurance Premiums—The City will continue to pay insurance premiums provided by this Compensation Plan for a disabled employee until the date upon which the employee is separated from City employment. 8.8.2 Extending Leave—If the City grants an employee a leave of absence without pay for any period and the employee is unable to resume work prior to or at the expiration of such leave, the City may subsequently grant additional leave or separate the employee from City service. An employee who has been granted a leave of absence without pay may request and receive payment for any unused vacation leave accrued but not used by the employee. 8.8.3 Separating Employee On Leave—The City will not separate an employee until the employee has been qualified for long-term disability benefits for a period of at least 90 days, except in those instances where the City and the employee agree to an earlier separation. 8.9 Reporting Leave Usage—An appropriate City-designated leave form should be submitted subsequent to each occurrence of leave, such as Sick Leave, Paid Family Care Leave, Bereavement Leave, Military Leave, Medical Appointment Leave, personal leave, and any other leave that would qualify under this provision. The form should indicate the purpose of the leave. The City reserves the right to take such action it deems necessary to confirm or verify use of this leave. Such leave may run concurrently with leave taken under the federal or state family medical leave acts. Both the employee’s division manager and department head should sign the form. 8.10 Light-duty Program—The purpose of this light-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent skill deterioration, facilitate recovery, and reduce income loss. Light-duty assignments will not be made unless there is a light-duty assignment for which they are qualified and light-duty assignments are intended to be temporary and of short duration. Light-duty assignments will be structured so employees are not placed in a duty status that would aggravate or cause a reoccurrence of the injury or illness. Light-duty assignments will not be made unless the employee receives medical clearance from the treating physician to return for light-duty work. 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. 8.10.1 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. 8.10.2 Determination/Required Reports— 8.10.2.1 Assignments—Light-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will also be based on the needs of the City and the impact of light-duty work on departmental Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 17 operations. The evaluation and determination of light-duty assignments will be based on the employee’s medical restrictions and upon agreement of the department head, the employee, and the affected supervisor. 8.10.2.2 Medical Updates—Updated medical reports shall be submitted 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 a light-duty assignment has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current light- duty assignment or to determine when to commence a light-duty assignment. 8.10.2.3 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 current job with or without accommodation. Light-duty assignments are intended to be temporary and of short duration. Light-duty assignments: • May consist of reduced work hours, limited work, or any combination thereof. • Will not adversely affect the employee’s enhanced hourly rate of pay. • 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 the employee’s skill and ability. • When feasible, light-duty work will be during the employee’s normal shift and duty hours. However, if it is determined that no useful work can be performed by the employee during the normal shift or duty hours, the employee can be assigned light-duty work during the normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. • Will be developed based on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 8.10.3 Holidays/Vacations During Light-duty Assignments— 8.10.3.1 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. 8.10.3.2 Vacations—Employees assigned to light-duty work 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 a full-duty assignment. Employees may reschedule their Page 18 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 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. 8.10.4 Return to Full-duty Assignment—Employees will be returned to full-duty work 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. 8.11 CFRA/FMLA/Pregnancy Disability Leave—Family care, medical, and pregnancy disability leave shall be provided according to state and federal law, consistent with City Administrative Instruction Section VI, No. 15. 8.11.3 Extended Unpaid Parental Leave—In addition to above, unpaid leave without benefits may be granted to an employeefor the birth, care, placement for adoption or foster care of a new child. . The employee shall request such leave as soon as practicable. Generally, the request should be made no less than 30 days prior to the date on which the leave is to begin. Such request shall be in writing and shall include a statement as to the dates the employee wishes to begin and end the leave without pay. 8.11.3.1 Leave Duration—The total duration of such leave shall be no more than twelve (12) months, inclusive of leave covered by CFRA/FMLA/PDL. The leave may be taken prior to or after the birth, care, placement for adoption or foster care of a new child (“qualifying event”), but must be taken within nine (9) months prior to the qualifying event and within one year of the qualifying event. 8.11.3.2 Use of Leaves—Except as provided by law, the employee is not entitled to the use of any accrued sick leave while on Extended Parental Leave. Employees on Extended Parental Leave are required to utilize available vacation leave and administrative leave prior to being placed on unpaid status. 8.11.3.3 Salary and Benefit Continuance—There shall not be an employment consequence for Extended Parental Leave. Unless otherwise mandated by law, no employee shall be entitled to compensation, a step increase, nor shall the time taken on Extended Parental Leave count as credit for seniority. 8.11.3.4 Unexpected Return to Work—In the event an employee chooses to return to work from such leave sooner than expected, the employee may request to return to work. The employee shall notify the department head as soon as practicable of the requested return-to-work date. If there is a vacancy for which the employee is qualified, the department head will make the assignment as soon as possible. Article 9. Work Hours 9.1 Eight-hour Schedule—The workweek shall normally consist of 5-consecutive 8-hour days for non-continuous operations staff. Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 19 9.2 Alternate Workweek Schedule—For those departments with continuous operations, with hours of business that are open more than a normal business day, employees shall work a schedule that is consistent with those hours. 9.3 Flexible Work Hours—Alternate work schedules may be available to employees at the discretion of the department head. Article 10. Recreational Facilities and Classes 10.1 Admission to Classes—All regular employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 12 recreational classes during a 12- month period (lab fees or ingredient fees are not included). 10.2 Use of Facilities—Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities only during 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 Parks, Recreation, and Maintenance Services Department. Article 11. Grievance Procedure Regular employees are eligible to invoke the grievance procedures set forth in the City of South San Francisco’s Personnel Rules and Regulations. Article 12. Disciplinary Action The City shall take disciplinary action against a regular, non-probationary employee following the procedures set forth in the City of South San Francisco Personnel Rules and Regulations. Article 13. Annual Meeting On a yearly basis, or more or less frequently if needed, and prior to making any revisions to this Compensation Program, the City will meet with members of the Mid-management Employee Unit. Article 14. Administration of Memorandum of Agreement/Compensation Program 14.1 Full and Entire Agreement—The Mid-management Unit’s Memorandum of Agreement/Compensation Program sets forth the full and entire compensation program for members of the Unit and any prior or existing agreements regarding these matters, whether formal or informal, are hereby superceded or terminated in their entirety. In the event that the provisions of this Agreement/Compensation Program are found to be in conflict with a City rule, regulation, resolution, or agreement, the provisions of this Agreement shall prevail over such conflicting rule regulation, resolution, or agreement. Page 20 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 14.2 Administering the Agreement—The City Manager through the Personnel Officer shall administer the Agreement/Compensation Program and may establish such policies, rules, and regulations as deemed appropriate to the effective administration of the program. Employees shall comply with such policies, rules, resolutions, and regulations as established by the City Manager. 14.3 City Manager Powers—The City Manager shall be empowered to grant or to impose administrative leave without loss of pay or benefits for members of the Mid-management Employee Unit for any purpose deemed by the City Manager to be appropriate to the circumstances. Article 15. Signatures In witness thereof, the parties hereto have executed this Memorandum of Agreement/Compensation Program in the City of South San Francisco on this _____ day of ____________, 20____. For the Association: For the City: Mark Leach, Business Agent Donna Williamson, Chief Negotiator Kelli Jo Cullinan Adena Friedman Leah Lockhart, Human Resources Director Deanna Talavera Mike Futrell, City Manager Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 21 Appendix A Mid-management Classifications Description Job Code Accountant I M100 Accountant II M620 Accountant, Senior M625 Building Official, Assistant M215 Business Manager M825 Childcare Assistant Supervisor M800 City Building Official M210 City Planner M155 Community Development Coordinator M725 Deputy Economic and Community Development Director M145 Deputy Finance Director M845 Deputy Parks and Recreation Director M840 Deputy Public Works Director M820 Disaster Preparedness Manager M780 Economic Development Coordinator M185 Electrical Maintenance Supervisor M835 Engineer, Associate M115 Engineer, Principal M760 Engineer, Senior M340 Environmental Compliance Supervisor M450 Financial Analyst I M600 Financial Analyst II M610 Financial Analyst, Senior M615 Financial Services Manager M770 Human Resources Analyst I M700 Human Resources Analyst II M270 Human Resources Analyst, Senior M271 Human Resources Manager M775 Information Systems Administrator M650 Information Systems Administrator, Senior M790 Landscape Architect M815 Laboratory Supervisor M220 Library Director, Assistant M640 Library Program Manager M235 Page 22 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Description Job Code Literacy Program Manager M500 Maintenance Supervisor M255 Management Analyst I M570 Management Analyst II M560 Payroll Administrator M785 Planner, Associate M125 Planner, Principal M590 Planner, Senior M335 Plant Maintenance Supervisor M745 Plant Superintendent M355 Plant Superintendent, Assistant M465 Police Communications & Records Manager M285 Program Manager M750 Public Works Administrator M795 Recreation & Community Services Program Coordinator M530 Recreation and Community Services Supervisor M295 Technical Services Supervisor M735 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 23 EXHIBIT B Published by Human Resources Department City of South San Francisco Street Address: Mailing Address: First Floor City Hall 400 Grand Avenue P. O. Box 711 South San Francisco CA 94080 South San Francisco CA 94083 www.ssf.net 650/877-8522 Tel 650/829-6699 Job Line 650/829-6698 Fax EXHIBIT C The City of South San Francisco Memorandum of Understanding Between the Confidential Unit, Teamsters Local 856 and the City of South San Francisco July 1, 2021 through June 30, 2022 EXHIBIT C City of South San Francisco Confidental Unit, Teamsters Local 856 Memorandum of Understanding July 1, 2017 through June 30, -2020 Table of Contents Article Title Page Preamble ................................................................................................................ 1 1. Recognition ............................................................................................................ 1 2. Union Membership & Dues ................................................................................... 1 2.1 Notification of New Employees .................................................................. 1 2.2 Indemnify and Hold Harmless ..................................................................... 2.3 Payroll Deductions ...................................................................................... 2.3.1 Payroll Deduction Procedures ........................................................... 2.3.2 Suspension of Union Dues During Leave of Absence ...................... 1 2 2 2 2.4 Communication With New Employees ....................................................... 3 2.5 Advance Notice ........................................................................................... 2 2.4 Copies of Memorandum of Understanding ................................................. 2 3. Salaries................................................................................................................... 2 3.1 Definitions ................................................................................................... 2 3.1.1 Base Pay ............................................................................................ 2 3.1.2 Enhanced Pay .................................................................................... 2 3.2 Wage Rates .................................................................................................. 2 3.3 Salary Schedule ........................................................................................... 3 3.4 Temporary Assignment to Higher-level Position ........................................ 3 3.5 Longevity Pay Plan ..................................................................................... 3 3.5.1 Fifteen Years of Service ..................................................................... 3 3.5.2 Twenty Years of Service .................................................................... 3 3.6 Education Incentive Pay .............................................................................. 3 3.7 Bilingual Incentive Pay ............................................................................... 3 3.7.1 Classifications Eligible for Bilingual Incentive Pay 3 3.7.2 Current Languages in Effect ............................................................... 3 3.7.3 Testing and Compensation ................................................................. 4 3.7.4 Translating .......................................................................................... 4 3.8 Payment of Compensation ........................................................................... 4 3.9 Standby Compensation ................................................................................ 4 3.10 Holiday Standby .......................................................................................... 4 4. Health and Welfare Plans ...................................................................................... 4 4.1 Medical Insurance ....................................................................................... 4 4.1.1 Available Medical Plans ................................................................... 4 4.1.2 Payment of Premium Costs ............................................................... 5 4.1.2.1 Employee HMO Medical Premium Cost ......................... 5 4.1.2.2 Employee Non-HMO Medical Premium Cost ................. 5 4.1.3 Effective Date of Coverage ............................................................... 5 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page ii July 1, 2017 through June 30, 2020 Article Title Page 4.1.4 Change in Medical Plan Providers .................................................... 5 4.2 Dental Insurance .......................................................................................... 5 4.2.1 Core Dental Plan ............................................................................... 5 4.2.2 Calendar Year Maximum .................................................................. 5 4.2.3 Orthodontia ....................................................................................... 5 4.2.4 Payment of Premium Costs ............................................................... 5 4.2.5 Effective Date of Coverage ............................................................... 5 4.2.6 Buy-up Dental Plan ........................................................................... 5 4.3 Vision Insurance .......................................................................................... 6 4.3.1 Available Plan ................................................................................... 6 4.3.2 Payment of Premium Costs ............................................................... 6 4.3.3 Effective Date of Coverage ............................................................... 6 4.4 Discretionary Benefit Option ...................................................................... 6 4.4.1 Proof of Alternate Insurance ............................................................. 6 4.4.2 Exercising the Option ....................................................................... 6 4.5 Life Insurance and Accidental Death and Dismemberment Insurance ....... 6 4.5.1 Term Life Value ................................................................................ 6 4.5.2 AD&D Value .................................................................................... 6 4.5.3 Payment of Premium Costs ............................................................... 6 4.5.4 Effective Date of Coverage ............................................................... 6 4.5.5 Supplemental Life Insurance ............................................................ 6 4.6 Disability Insurance Program ...................................................................... 6 4.6.1 Short-term Disability ........................................................................ 7 4.6.2 Long-term Disability ......................................................................... 7 4.6.3 Payment of Premium Costs ............................................................... 7 4.6.4 Effective Date of Coverage ............................................................... 7 4.7 Retirement Plans .......................................................................................... 7 4.7.1 PERS Miscellaneous Retirement Formula ....................................... 7 4.7.1.1 2.7% at Age 55 Plan ......................................................... 7 4.7.1.2 2% at Age 60 Plan ............................................................ 7 4.7.1.3 2% at Age 62 Plan ............................................................ 7 4.7.2 Employee Contributions to Retirement System ................................ 7 4.7.3 IRS Tax Exemption .......................................................................... 7 4.7.4 Optional Provisions Added ............................................................... 7 4.7.4.1 Military Service Credit ..................................................... 8 4.7.4.2 Sick Leave Service Credit ................................................ 8 4.8 Section 457 Deferred Compensation Plan ................................................... 8 4.9 Section 125 Plan .......................................................................................... 8 4.9.1 Group Insurance Premium ............................................................... 8 4.9.2 Health Care Reimbursement ........................................................... 8 City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page iii Article Title Page 4.9.3 Dependent Care Reimbursement ..................................................... 8 4.10 Education Expense Reimbursement Program ............................................. 8 4.10.1 Qualifying for Education Expense Reimbursement Program ......... 8 4.10.1.1 Department Head Approval .............................................. 8 4.10.1.2 Reimbursement Request ................................................... 8 4.10.2 City Manager Approval ................................................................... 8 4.11 Retired Employee Benefits .......................................................................... 8 4.11.1 Group Medical Insurance for Qualifying Retirees ......................... 8 4.11.2 Medical After Retirement Account (“MARA”) .............................. 9 4.11.3 Group Dental Insurance for Qualifying Retirees ........................... 9 4.11.4 Group Vision Insurance for Qualifying Retirees ........................... 9 5. Holidays ................................................................................................................. 9 5.1 Observed Holidays ...................................................................................... 9 5.2 Half-day Holidays ....................................................................................... 10 5.3 Holiday Pay ................................................................................................. 10 5.4 Holidays on a Weekend ............................................................................... 10 5.5 Discretionary Holiday ................................................................................. 10 6. Overtime Pay and Compensatory Time Off .......................................................... 10 6.1 FLSA Work Period ...................................................................................... 10 6.2 Overtime Pay ............................................................................................... 10 6.2.1 Approval for Overtime ...................................................................... 10 6.3 Compensatory Time Off .............................................................................. 10 6.3.1 Maximum Compensatory Time ........................................................ 10 6.3.2 Payment of Compensatory Time ...................................................... 11 6.3.3 Use of Compensatory Time .............................................................. 11 6.3.4 Department Rules ............................................................................. 11 7. Vacation Leave ...................................................................................................... 11 7.1 Vacation Leave ............................................................................................ 11 7.2 Maximum Vacation Accumulation ............................................................ 11 7.3 Scheduling ................................................................................................... 11 7.4 Pay Upon Separation from City Service .................................................... 11 7.5 Vacation Cash-Out ...................................................................................... 12 8. Bereavement Leave ............................................................................................... 12 8.1 Bereavement Leave ..................................................................................... 12 8.2 Definition of Immediate Family for Bereavement Leave ........................... 12 9. Medical Appointment Leave ................................................................................. 12 9.1 Medical Appointment Leave ..................................................................... 12 9.2 Medical Appointment Leave Charged to Sick Leave ................................ 12 10. Sick Leave ............................................................................................................. 13 10.1 Determination .............................................................................................. 13 10.2 Amount of Sick Leave ................................................................................. 13 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page iv July 1, 2017 through June 30, 2020 Article Title Page 10.3 Sick Leave Management Policy .................................................................. 13 10.4 Protected Leave ........................................................................................... 13 10.5 Medical Appointments ................................................................................ 13 10.6 Payment of Unused Accrued Sick Leave .................................................... 13 11. Industrial Injury or Illness Leave ........................................................................... 14 11.1 Injury Leave ................................................................................................ 14 11.2 Injury Leave Amount .................................................................................. 14 12. Disability Leave ..................................................................................................... 14 12.1 Application for Benefits .............................................................................. 14 12.2 Insurance Premium Payment ....................................................................... 14 12.3 Separation from City Service ...................................................................... 14 12.4 Light-duty Program ..................................................................................... 14 12.4.1 Coverage ........................................................................................ 15 12.4.2 Determination Required Reports ................................................... 16 12.4.2.1 Assignments .................................................................... 16 12.4.2.2 Medical Updates ............................................................. 16 12.4.3 Light-duty Assignment, Definitions, and Restrictions .................. 16 12.4.4 Holidays/Vacations During Light-duty Assignments .................... 17 12.4.4.1 Holidays Observed .......................................................... 17 12.4.4.2 Vacations ........................................................................ 16 12.4.5 Return to Full Duty ........................................................................ 16 13. Other Leaves .......................................................................................................... 16 13.1 Military Leave ............................................................................................. 16 13.2 Jury Duty ..................................................................................................... 16 13.3 Pregnancy-related Disability and Bonding Leave ....................................... 16 13.3.1 Pregnancy-related Disability .......................................................... 16 13.3.2 Bonding .......................................................................................... 16 13.3.3 Leave Usage ................................................................................... 16 13.4 Unpaid Leave of Absence ........................................................................... 16 13.5 Reinstatement Upon Return from Leave ..................................................... 16 14. Recreational Facilities and Classes ........................................................................ 17 15. Notary Public Certification .................................................................................... 17 15.1 Certification Requirements for Employees Hired Prior to 7/1/00 ................. 17 15.2 Certification Requirements for Employees Hired After 6/30/00 ................... 17 16. Discipline ............................................................................................................... 17 17. Grievance Procedure .............................................................................................. 17 18. Meeting .................................................................................................................. 17 19. Administration of Memorandum of Understanding .............................................. 18 19.1 Full and Entire Agreement .......................................................................... 18 19.2 Administration of Program .......................................................................... 18 City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page v Article Title Page 20. Signatures .............................................................................................................. 19 Appendix A Confidential Unit, Teamsters Local 856 Classifications .................. 20 Appendix B Salary Survey Methodology .............................................................. 21 EXHIBIT C City of South San Francisco Confidential Employees’ Unit, Teamsters Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as “City” and the Teamsters Local 856, AFL-CIO, hereafter designated as “Union” as a mutual agreement for those wages, hours, and conditions of employment in effect during the period of July 1, 2021 through June 30,2022. Article 1. Recognition Teamsters Union, Local 856 is recognized as the majority representative, as provided in City’s Resolution 111-99 adopted August 11, 1999, for all employees in the classifications assigned to the Confidential Unit as identified in Appendix A of this agreement. Article 2. Union Membership and Dues 2.1 Notification of New Employees— The City shall notify the Union of the name, classification, job title, department, work location and date of hire of each new, transferred or promoted employee appointed to a position covered by this memorandum. Notice shall be provided to the Union within 30 calendar days from the date of hire or by the first pay period of the month following hire. The City shall provide the work, home, and personal cellular telephone numbers, work and personal email addresses and home address on file with the employer. Notice shall be provided to the Union within one calendar month from the date of hire. The employer shall also provide the Union with this information for all employees in the bargaining unit at least every 120 days. 2.2 Indemnify and Hold Harmless—The Union shall indemnify and hold the City harmless from any cost of liability resulting from any and all claims, demands, suits, or any other action arising from the operating of this provision or from the use of the monies remitted to the Union, including the costs of defending against any such actions or claims. The Union agrees to refund to the City any amounts paid to it in error. In addition, the Union shall hold the City and its officers and employees, harmless for following the instructions contained in such dues deduction authorizations. 2.3 Payroll Deductions—The City shall withhold Union dues from the salary of an employee City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 2 July 1, 2017 through June 30, 2020 and remit withholdings to the Union, provided that the Union certifies in writing to the City that the Union has and will maintain each employee’s authorization for such deductions. 2.3.1 Payroll Deduction Procedures––The effective date of withholdings, time of remitting withholding to the Union, and all procedural matters shall be as mutually acceptable to the Union and the City, provided that the City’s payroll system and its operations are not thereby disrupted. 2.3.2 Suspension of Union Dues, During leave of Absence – An employee on unpaid leave of absence for a period of 30 calendar days or more shall not be required to pay Union dues during the period of the employees leave. 2.4 Communication with Employees— The City shall provide the Union access to its new employee orientation onboarding process, in which new employees are advised of their employment status, rights, benefits, duties, and responsibilities, or other employment- related matters. The Union shall be provided at least 30 minutes to meet with the employee during this process. The Union shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The Union shall be provided suitable space on bulletin boards at the work location for posting notices concerning official union business. Such information shall be in compliance with applicable City and departmental policies. 2.5 Advance Notice—Except in cases of emergency as provided below, the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City. The Union shall be given the opportunity to meet and confer with appropriate management representatives prior to the adoption of such an ordinance, resolution, rule, or regulation. 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. 2.6 Copies of Memorandum of Understanding—The City shall post the MOU on the City’s Website. Article 3. Salaries 3.1 Definitions— 3.1.1 Base Pay—Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 3.1.2 Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay and incentive pay such as longevity, bilingual, education and special assignment pay. Enhanced pay does not include acting pay or other temporary assignment pay. Each incentive pay will be computed on base pay. The sum City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 3 of the base pay plus each incentive is the enhanced pay. 3.2 Wage Rates—All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows: • Effective July 9, 2021: three percent (3%). There will be no retroactive across-the-board base pay adjustments. 3.3 Salary Schedule—Confidential positions shall have 5 pay steps that will provide for a differential of approximately 5% between steps. Employees may progress through the salary schedule based on satisfactory performance according to the following timelines of no less than 6 months each in steps A and B, and 12 months each in steps C and D. 3.4 Temporary Assignment to Higher-level Position—An employee assigned to the full scope of the duties of a higher classification shall not be paid the sal ary of that higher classification unless they serve in that capacity for 1-full day (8 hours) or more. An employee so assigned, must meet the minimum qualifications for the position to which assigned. An employee who meets these requirements and is assigned to perform the duties of a classification at a higher pay rate shall receive additional compensation at the rate of pay for which the employee would qualify were the employee to be promoted to that higher classification. 3.5 Longevity Pay Plan—Regular full-time employees hired prior to July 1, 2012 shall receive longevity pay in accordance with the following schedule: 3.5.1 Fifteen Years of Service—After 15 full years of City service, 1.5% will be added to the employee’s base hourly rate of pay. 3.5.2 Twenty Years of Service—After 20 full years of City service, in addition to above, another 1.0% of pay will be added to the employee’s base hourly rate of pay. Longevity pay is not available for employees hired on or after July 1, 2012. 3.6 Education Incentive Pay—An employee who has successfully completed probation and who possesses a degree from an accredited college or university shall be eligible to receive $500 per year for an Associate’s degree or $1,000 per year for a Bachelor’s degree. Education incentive pay will be effective the pay period following Department Head or designee approval following receipt of official transcripts. Education incentive pay is paid on a biweekly basis. 3.7 Bilingual Incentive Pay— 3.7.1 Classifications Eligible for Bilingual Incentive Pay—Positions eligible for bilingual incentive pay must be those that have regular contact with the public. Those classifications that are eligible for bilingual incentive pay are identified below and include any title changes that may occur during the life of this agreement. • Administrative Assistant I • Administrative Assistant II • City Clerk Records Technician • Data Business Systems Specialist • Deputy City Clerk • Executive Assistant to the City Manager City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 4 July 1, 2017 through June 30, 2020 • Human Resources Technician • Senior Administrative Assistant 3.7.2 Current Languages in Effect—To be eligible to participate in this program, employees must speak a second language used by a significant segment of South San Francisco population. For the duration of this agreement, the following languages shall qualify for an employee to receive the Bilingual Incentive Pay under this section. • Spanish • Tagalog • American Sign Language • Mandarin • Cantonese 3.7.3 Testing and Compensation—An employee who has tested, using the City’s standard bilingual testing procedures and demonstrating to the department head’s satisfaction, proficiency in speaking a second language, shall be compensated at a rate 2.5% higher than the employee’s base hourly rate of pay. Such compensation shall commence the next pay period after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. 3.7.4 Translating—Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be asked to assist an individual who is doing business with the City at worksites other than their primary work location 3.8 Payment of Compensation—Each employee shall be compensated on a biweekly basis. Payment will normally be made on the Thursday immediately following the conclusion of a City pay period. The pay period consists of 14 calendar days and begins on a Friday and ends on a Thursday, which is the last day of the pay period. Employees who are in continuous paid regular status for a partial pay period shall receive prorated compensation for the pay period at the rate of 1/80 of the employee’s enhanced biweekly rate of pay for each hour of the pay period that the employee was on continuous paid regular status. 3.9 Standby Compensation—Compensation for standby shall be as follows: • 7/1/2017 ––Employees taking standby beginning 7/1/2017 shall receive $400 per week for each week they are on standby. • Eligible positions for standby shall be as follows: Senior Computer Services Technician Computer Services Technician 3.10 Holiday Standby –––An employee taking standby, who is called to return to work on a holiday (midnight to midnight of the actual holiday), shall receive a minimum of 4 hours of compensation at 1.5 times the employee’s base hourly rate of pay. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 5 Article 4. Health and Welfare Plans 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: 4.1 Medical Insurance— 4.1.1 Available Medical Plans—Eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the following current medical plans the City has with the carriers, subject to the terms and conditions of the City’s contract with the providers: • Kaiser Permanente • Blue Shield of California 4.1.2 Payment of Premium Costs—The City shall pay the equivalent of the HMO premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. 4.1.2.1 Employee HMO Medical Premium Cost— Employee HMO Medical Premium Cost––All employees on the City’s medical plans shall contribute an amount equal to 10% of the HMO premium cost based on plan choice and category of coverage (single, two, family). 4.1.2.2 Employee Non-HMO Medical Premium Cost—Employees who elect more expensive plans shall pay any additional cost over the HMO rate of the plan elected based on that plan’s 3-tiered rates (single, two or family). 4.1.3 Effective Date of Coverage—The effective date of health 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. 4.1.4 Change in Medical Plan Providers—Should the City determine that a change in medical plan providers is warranted, it may establish a committee, comprised of one union representative from each bargaining unit, to assist in assessing a change in plan providers. 4.2 Dental Insurance— 4.2.1 Core Dental 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. 4.2.2 Calendar Year Maximum—Effective 7/1/00, the calendar year maximum is $1,500. 4.2.3 Orthodontia—The lifetime orthodontia coverage is $1,000 for eligible dependents. 4.2.4 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 4.2.5 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 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 6 July 1, 2017 through June 30, 2020 month in which the employee is on paid status prior to separation from employment with the City. 4.2.6 Buy-up Dental Plan—Subject to the terms and conditions of the City’s contract with the provider, employees may participate in an enhanced dental plan by paying the additional coverage costs over the core dental plan. 4.3 Vision Insurance— 4.3.1 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. 4.3.2 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 4.3.3 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. 4.4 Discretionary Benefit Option—Employees who can demonstrate to the City’s satisfaction that they have medical coverage elsewhere, may elect to receive $550 per month in deferred compensation monies in lieu of medical, dental, and vision benefits through the City. If an employee exceeds the deferred compensation annual maximum contribution limit, any remaining City contributions will be made to the employee’s Medical After Retirement Account (MARA). 4.4.1 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. 4.4.2 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 has a qualifying event and submits requisite paperwork within 30 days of the qualifying event. 4.5 Life Insurance and Accidental Death and Dismemberment Insurance— 4.5.1 Term Life Value—Subject to the terms and conditions of the City’s contract with the provider, the amount of Life Insurance benefit for employees is $50,000. 4.5.2 AD&D Value—Subject to the terms and conditions of the City’s contract with the provider, the maximum amount of Accidental Death and Dismemberment Insurance benefit available is $50,000. 4.5.3 Payment of Premium Costs—The City shall pay the premium costs for eligible employees to the insurance provider. 4.5.4 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. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 7 4.5.5 Supplemental Life Insurance—Employees have the option of purchasing supplemental life insurance based on the terms and conditions of the City’s contract with the insurance provider. 4.6 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. 4.6.1 Short-term Disability—After a 20-day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until LTD benefits begin. 4.6.2 Long-term Disability—After a 90-day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 4.6.3 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. 4.6.4 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. 4.7 Retirement Plans—The benefit contract in effect between the City of South San Francisco 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 the California Public Employees’ Retirement System (CalPERS or PERS) Miscellaneous Employees. 4.7.1 PERS Miscellaneous Retirement Formula— 4.7.1.1 2.7% at age 55 Plan—Classic Members as defined by CalPERS who were hired before April 24, 2010 will be provided a retirement benefit formula of 2.7% at age 55 with one-year final compensation. 4.7.1.2 2% at Age 60 Plan—Classic Members as defined by CalPERS who were hired on or after April 24, 2010 will be provided a retirement benefit formula of 2% at age 60 with three-year final compensation. 4.7.1.3 2% at Age 62—New Members as defined by PEPRA who are hired on or after January 1, 2013 will be provided a retirement benefit formula of 2% at age 62 with 3-year final compensation. 4.7.2 Employee Contributions to Retirement System—The rate prescribed by the Social Security Act for employee contributions shall be deducted from the pay by the City and forwarded to the system in accordance with the rules and regulations governing such employee contributions. The PERS rate 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. City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 8 July 1, 2017 through June 30, 2020 4.7.3 IRS Tax Exemption—The City has obtained a 414(h)(2) exemption from the Internal Revenue Service, granting a deferral from federal withholding taxes of that portion of the employee’s contribution to PERS. This exemption is for all miscellaneous employees, who are now responsible for their individual PERS contributions, and now receive the 414(h)(2) exemption. 4.7.4 Optional Provisions Added—Optional Public Agency Provisions under PERS shall also be provided as follows: 4.7.4.1 Military Service Credit—An employee who has served in the military may be eligible for Military Service Credit, as authorized by section 2090 \30.3 of the Government Code. 4.7.4.2 Sick Leave Service Credit—Effective 4/11/2001, and as provided for in the Public Employees Retirement Law. 4.8 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. 4.9 Section 125 Plan—Subject to the terms and conditions of the City’s plan, each employee may participate in the IRS-defined section 125 plan. 4.9.1 Group Insurance Premium Plan— Participants may pap premium contributions for employee and dependent coverage under the City’s health care plans on a pre-tax basis. 4.9.2 Health Care Reimbursement—Participants may set aside salary up to $2,500 per calendar year on a pre-tax basis to be used to reimburse their out-of-pocket eligible health care expenses.. 4.9.3 Dependent Care Reimbursement— Participants may set aside $5,000 per calendar year for reimbursement of out-of-pocket eligible dependent care expenses. 4.10 Education Expense Reimbursement Program—An employee who takes a course at an accredited institution of learning shall be eligible to receive reimbursement of 50%, not to exceed $2,000 per fiscal year, for the costs of tuition, fees, and course materials. 4.10.1 Qualifying for Education Expense Reimbursement Program—In order to qualify for reimbursement, the employee must: 4.10.1.1 Department Head Approval—Prior to enrollment, receive the written approval of the department head. The employee will submit a request, along with a description of the course, which briefly describes how the course may advance the employee’s career with the City and/or its relevance to the employee’s job. The department head will make a determination to accept or reject the request. 4.10.1.2 Reimbursement Request—Submit a request reimbursement to the City Manager which includes the following • A copy of the department head’s written approval of the course • A copy of the employee’s grade for the course • Receipts for all expenses related to the course with a total amount requested for reimbursement City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 9 4.10.2 City Manager Approval—The City Manager shall approve the employee’s request for reimbursement provided that the employee has prepared the request in compliance with this policy. 4.11 Retired Employee Benefits— 4.11.1 Group Medical Insurance for Qualifying Retirees—An employee who was hired on or prior to April 24, 2010 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that unretires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. 4.11.2 Medical After Retirement Account (“MARA”)—An employee who was hired after April 24, 2010 will receive a City contribution of one and one-half percent (1.5%) of such an employee’s base salary toward a Medical after Retirement Account (e.g. VEBA or similar City-sponsored plan). 4.11.3 Group Dental Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 4.11.4 Group Vision Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. Article 5. Holidays City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 10 July 1, 2017 through June 30, 2020 5.1 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 ................................... Indigenous Peoples’ Day November 11 .......................................................... Veteran’s Day Fourth Thursday in November ............................... Thanksgiving Day Friday following Fourth Thursday in November ... Day After Thanksgiving December 25 .......................................................... Christmas Day 5.2 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 5.3 Holiday Pay—Employees shall be entitled to receive compensation for 8 hours of holiday time for each full holiday and 4 hours of holiday time for each half-day holiday, with holiday time considered as hours worked. 5.4 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 previous Friday. Half-day holidays shall be observed on the workday immediately previous the day upon which Christmas Day and New Year’s Day are observed. 5.5 Discretionary Holiday—Each full-time regular employee shall be eligible for eight hours of paid discretionary holiday each calendar year, in addition to the holidays observed by the City. Once accrued, this discretionary holiday should be used before vacation leave. An employee who has not used this holiday by the end of the last pay period of the calendar year, shall forfeit the holiday for that year. No annual cash payouts will be allowed. Article 6. Overtime Pay and Compensatory Time Off 6.1 FLSA Work Period—The FLSA standard work period is a seven-day work week that begins at 12:01 am Friday and ends at 12:00 midnight the following Thursday. Any exceptions to this work period will be documented and maintained on a list shared between the Human Resources Department and the Union. Nothing in this provision is intended to affect the right of any employee to overtime pursuant to the terms of this MOU. 6.2 Overtime Pay—Non-exempt employees who work in excess of the normal 40-hour workweek will receive overtime pay at 1.5 times their enhanced hourly rate of pay for all overtime hours worked. 6.2.1 Approval for Overtime—No employee shall work overtime without the express prior approval of the employee’s department head or designee. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 11 6.3 Compensatory Time Off—With the department head’s or designee’s approval, employees may receive compensatory time in lieu of overtime pay. If granted, compensatory time shall be earned at the rate of 1.5 times each overtime hour worked. 6.3.1 Maximum Compensatory Time—Employees may accumulate at the rate of 1.5 times to an equivalent maximum of 70 hours in lieu of pay for such overtime. Employees will be paid for the overtime hours that exceed the cap and cannot accrue further compensatory time until they have reduced their accrued hours below the 70 hour cap. 6.3.2 Payment of Compensatory Time—Payment of accrued compensatory time upon termination of employment or transfer out of the department will be made at the employee’s final regular rate of pay. The City reserves the right to pay out accrued compensatory time at any time at the regular rate of pay earned by the employee at the time the compensatory time is paid. 6.3.3 Use of Compensatory Time—Employees may use accrued compensatory time in accordance with departmental policies. 6.3.4 Department Rules—Individual departments may establish rules regarding: a. Notice required before use of compensatory time; b. Length of time that compensatory time may remain on the books before it is cashed out; and c. Such other matters necessary to ensure that operations are not unduly disrupted by use of compensatory time off. Article 7. Vacation Leave 7.1 Vacation Leave—Regular full time employees shall accrue vacation as follows: Length of Continuous Service Biweekly Accrual Rate 0 through completion of fourth year.................... 4.62 hours Fifth through fourteenth year .............................. 6.16 hours Fifteenth through twenty-fourth years ................. 7.69 hours Twenty-fifth and succeeding years ..................... 9.23 hours 7.2 Maximum Vacation Accumulation—An employee may accumulate up to two times the annual accrual rate of vacation hours as unused vacation. Effective July 5, 2013, once an employee has accumulated two times the annual accrual, no further vacation leave will accrue until the pay period after the vacation balance has been reduced below the two-year cap. 7.3 Scheduling—The times during the year at which an employee may take vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard to the needs of the service. 7.4 Pay Upon Separation from City Service—Employees separating from the City Service shall be paid at their current enhanced hourly salary rate for all unused accrued vacation hours. City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 12 July 1, 2017 through June 30, 2020 7.5 Vacation Cash-Out—Employees shall be allowed to cash out up to 40 hours of unused accrued vacation per calendar year with the following provisions: • Employees must have completed a minimum of one year of service. • Employees must maintain a minimum of 80 hours of accrued vacation hours in their vacation bank. • Vacation hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash-out. • Employees must complete an irrevocable election form and submit the completed form to the Human Resources Department no later than December 15 of the calendar year prior to the year of the desired cash-out. Only time accrued during the calendar year following the irrevocable election may be cashed out. • Vacation hours may be cashed out once per year in November, as long employees have submitted an irrevocable election form in the prior year. Article 8. Bereavement Leave 8.1 Bereavement Leave—Each employee may take leave without loss of pay upon the death of, or for the funeral of, any member of his/her immediate family, as defined below, for the period of 24 hours per occurrence within the State of California and up to a maximum of 40 hours for a family member residing outside the State of California. 8.2 Definition of Immediate Family for Bereavement Leave—As used herein for bereavement leave, immediate family is defined to be spouse, registered domestic partner with the State of California, parent, brother, sister, grandparent, 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. Article 9. Medical Appointment Leave 9.1 Medical Appointment Leave—Each employee may be granted leave without loss of salary or benefits for the purpose of going to appointments with medical doctors or dentists in instances where the employee is reasonably unable to arrange for such appointments to occur during non-work time. 9.2 Medical Appointment Leave Charged to Sick Leave—Medical appointment leave shall be charged to sick leave as follows with the first 8 hours per calendar year not charged to sick leave and any other absences relating to appointments charged to sick leave Article 10. Sick Leave 10.1 Determination— An employee who is ill or injured, or is entitled to use sick leave for other purposes as required by law, is entitled to paid sick leave as follows: City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 13 10.2 Amount of Sick Leave—Employees will accrue 8 hours per month of employment for purposes of sick leave. Such leave may be accumulated without limit. 10.3 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 calendar year will be subject to a review of sick leave usage. 10.4 Protected Leave—Employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the following purposes: 10.4.1 the diagnosis, care, or treatment of an existing health condition of, or preventative care for, themselves; 10.4.2 the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s child (regardless of age or dependency status), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of the employee’s spouse or registered domestic partner; and 10.4.3 If the employee is a victim of domestic violence, sexual assault, or stalking, to obtain any relief to help ensure the health, safety or welfare of the employee or the his or her child. 10.5 Medical Appointments – Employees should reasonably attempt to schedule appointments with health care practitioners or dentists when such appointments can occur outside of work hours. 10.6 Payment of Unused Accrued Sick Leave—Employees are eligible to receive payment for unused accumulated sick leave. An employee shall be paid at the employee’s enhanced hourly rate of pay for half of the accumulated sick leave hours. However no employee shall receive payment of any accrued sick leave hours in excess of 1,200; the maximum payable hours of 600. Employees are eligible to receive payment for unused accumulated sick leave in the following circumstances: • Death; or • Disability Retirement from CalPERS: or • Full service retirement provided that all the following conditions are met: o 10 years of consecutive full-time City service; o Simultaneous retirement from City service and receipt of a service retirement from CalPERS. Article 11. Industrial Injury and Illness Leave City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 14 July 1, 2017 through June 30, 2020 11.1 Injury 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 and the injury or illness necessitates the employee’s absence from work, shall be entitled to receive paid injury leave without loss of salary or benefits. 11.2 Injury Leave Amount—Employees shall be eligible to receive this paid injury leave for all time the employee is normally scheduled to work but is unable to work during a 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 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. Article 12. Disability Leave 12.1 Application for Benefits—An employee who is non-industrially 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-term and/or long-term disability benefits in accordance with the requirements of the City’s Short-term and Long-term Disability insurance policy. The elimination period for the long-term disability plan is 20- calendar days. Employees will not be required to utilize sick leave in excess of this elimination period in order to qualify for disability payment. 12.2 Insurance 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. 12.3 Separation from City Service—The City will not separate an employee until he/she has been qualified for Long-term Disability benefits for a period of at least 90 days, except in those instances where the City and the employee agree to an earlier separation. 12.4 Light-duty Program—The purpose of this 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 an employee is 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 the treating 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. 12.4.1 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. 12.4.2 Determination/Required Reports— City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 15 12.4.2.1 Assignments—Light-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will also be based on the needs of the City and the impact of light duty on departmental operations. The evaluation and determination of light-duty assignments will be based on the employee’s medical restrictions and upon agreement of the department head, the employee, and the affected supervisor. 12.4.2.2 Medical Updates—Updated medical reports shall be submitted to the department head at two 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 a light-duty assignment has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current light- duty assignment or to determine when to commence a light-duty assignment. 12.4.3 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. In no event will light duty assignments extend beyond reaching Maximum Medical Improvement, and under no circumstances shall the light-duty assignment be considered to be a permanent alternative position for purposes of reasonable accommodation under the American with Disabilities Act. 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. 12.4.4 Holidays/Vacations During Light-duty Assignments— 12.4.4.1 Holidays Observed—Holidays during light-duty assignments shall be observed in accordance this agreement. 12.4.4.2 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 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 16 July 1, 2017 through June 30, 2020 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. 12.4.5 Return to Full Duty—Employees will be returned to full duty 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. Article 13. Other Leaves 13.1 Military Leave—Military leave shall be granted in accordance with the provisions of applicable state and federal law. 13.2 Jury Duty—Employees must notify their supervisors when called to jury duty. All time at jury duty will be applied toward the employee’s regular workday. The employee must submit record of hours at jury duty. Given the many different schedules 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. 13.3 Pregnancy-related Disability and Bonding Leave—Shall be granted in accordance with the provisions of applicable state and federal law. 13.3.1 Pregnancy-related Disability—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 for reason of the birth of a child or the placement of a child with an employee in connection with adoption. 13.3.2 Bonding—An employee who is no longer disabled from performing work due to pregnancy, childbirth, or related medical conditions for reason of the birth of a child and is medically released to return to work, shall be allowed to use accumulated vacation, and/or an unpaid leave of absence upon the written request of the employee. 13.3.3 Leave Usage—The employee must first use all eligible accumulated paid leave before being granted unpaid leave. 13.4 Unpaid Leave of Absence—The City may grant an employee in a permanent position a leave of absence without pay not to exceed 1 year. A request for the leave and the reason therefore shall be submitted in writing and must be approved by the department head and the City Manager. 13.5 Reinstatement Upon Return From Leave—Upon expiration of the approved leave, the employee shall be reinstated to the former classification without loss of service credits or benefits (subject to the terms of the contracts with the benefit providers) accrued prior to said leave. However, during the period of the leave, the employee shall not accumulate service credits, nor shall the City continue contributions toward group insurance or the retirement plan. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 17 Article 14. Recreational Facilities and 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). Employees 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 Parks and Recreation Department. Article 15. Notary Public Certification 15.1 Certification Requirements for Employees Hired Prior to 7/1/00—Those Confidential Unit members employed in a unit-covered classification as of 6/30/00 may choose not to obtain notary public certification. 15.2 Certification Requirements for Employees Employee Hired After 6/30/00—Those Confidential Unit members employed in a unit-covered classification after 6/30/00 may be required to obtain notary public certification, as determined by their department head or the Director of Human Resources. Article 16. Discipline The City shall take disciplinary action against a Confidential employee following the procedures set forth in the City of South San Francisco Personnel Rules and Regulations. Article 17. Grievance Procedure Confidential employees are eligible to invoke the Grievance Procedures as noted in the City of South San Francisco Personnel Rules and Regulations. Article 18. Meeting Prior to making any revisions to this Memorandum of Understanding, the City will meet with members of the Confidential Employees’ Unit. The City agrees to grant a maximum of three members of this bargaining unit’s negotiating team one hour release time prior to the negotiation meeting with the City and one hour after the meeting for the purpose of discussing negotiations. City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 18 July 1, 2017 through June 30, 2020 Article 19. Administration of Memorandum of Understanding 19.1 Full and Entire Agreement—This Confidential Employees Memorandum of Understanding sets forth the compensation program for members of the Unit and any prior or existing understanding or agreements regarding these matters, whether formal or informal, are hereby superseded or terminated in their entirety. In the event that the provisions of this Memorandum of Understanding are found to be in conflict with a City rule, regulation, or resolution, the provisions of this agreement shall prevail over such conflicting rule, regulation, or resolution. 19.2 Administration of Program—The City Manager may establish such policies, rules, and regulations as are deemed appropriate to the effective administration of the Program. Members of the Confidential Employees Unit shall comply with all such policies, rules, and regulations as may be established by the City Manager. The City Manager shall be empowered to grant or to impose administrative leave without loss of pay or benefits for members of the Confidential Employees Unit for any purpose deemed by the City Manager to be appropriate to circumstances. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 19 Article 20. Signatures Signed on this date: _________________________. For the Union: For the City: Mark Leach, Chief Negotiator Donna Williamson, Chief Negotiator Michelle Clary Leah Lockhart, Human Resources Director Anita Palafox Mike Futrell, City Manager Jennifer Rosas City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 20 July 1, 2017 through June 30, 2020 Appendix A Confidential Unit, Teamsters Local 856 Classifications Confidential Employees Defined-The Confidential Employees Unit shall consist of all full-time employees employed in the positions, which are included in the non-exempt service of the City of South San Francisco, as well as such classifications as may be added to this Group by the City. Those classifications in the Confidential Unit are the following: Administrative Assistant I Administrative Assistant II City Clerk Records Technician Computer Services Technician Data Business Systems Specialist Deputy City Clerk Executive Assistant to the City Manager Human Resources Technician Senior Administrative Assistant Senior Computer Services Technician City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 21 Appendix B Salary Survey Methodology The salary survey methodology when used for determining compensation for the Confidential Employees’ unit shall be as follows: (a) Data regarding total compensation (i.e., base salary plus employer-paid benefits) will be collected from the ten survey cities. (b) Data regarding the cities’ total compensation will be ranked, from highest to lowest total compensation. (c) The cities with the highest and lowest total compensation as well as the City’s own data, will be discarded before computing the average total compensation. (d) The remaining cities’ total compensation will be calculated at the 60th percentile. (e) The 60th percentile of total compensation will then be compared to the City’s total compensation to get the percent difference in the City’s total compensation compared to the remaining cities. (f) The percent difference will then be used to adjust the City’s compensation, unless the current City compensation is higher, in which case no change to the total compensation will be made. (g) The City will set the Confidential Unit employees’ total compensation package at the 60th percentile of the marketplace based on this computation. EXHIBIT C Published by Human Resources Department City of South San Francisco Street Address: Mailing Address: First Floor City Hall 400 Grand Avenue P. O. Box 711 South San Francisco CA 94080 South San Francisco CA 94083 Web Site 650/877-8522 Tel www.ssf.net 650/829-6698 Fax EXHIBIT D The City of South San Francisco Memorandum of Understanding Between the International Union of Operating Engineers, Local 39 and the City of South San Francisco July 1, 2021 through June 30, 2022 EXHIBIT D City of South San Francisco International Union of Operating Engineers, Local 39 Amended Memorandum of Understanding Table of Contents July 1, 2021 through June 30, 2022 An updated table of contents shall be inserted here prior to execution of the agreement. EXHIBIT D 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 July 1, 2021 through June 30, 2022. 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 Dues and Membership 2.1 Membership—The parties to this Memorandum of Understanding mutually understand and agree that each employee represented by the bargaining unit has the right to join or not join the Union. If a bargaining unit member elects to join the Union, the employee shall provide authorization to the Union for membership dues. 2.2 Dues — 2.2.1 Payroll Deductions—The City shall withhold Union dues and/or initiation fees from the salary of an employee and remit withholdings to the Union, provided that the Union certifies in writing to the City that the Union has and will maintain each employee’s voluntary authorization for such deductions. 2.2.2 Deductions During Absences—When an employee is in an unpaid status for full pay period, no dues withholding will be made for that period. If an employee is in an unpaid status for only part of a pay period, dues shall be withheld unless the employee’s net pay after all legal and required deductions City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 2 (including taxes, pension, and insurance contributions) is not sufficient to cover the full dues amount. 2.2.3 Invalidated Dues—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 in this Agreement shall govern all other provisions of this article. 2.2.4 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. 2.2.5 Deduction Forms—Sign-up forms for union dues shall be provided by the Union. 2.3 Notification of New Employees—The City shall notify the Union of the name, classification, and date of hire of each new employee covered by this memorandum. The City agrees to make a good faith effort to advise the Union within 10 business days of a new hire. In accordance with State law, the City shall provide an electronic list of new employees to the Union no later than 30 calendar days from the date of hire containing the following employee information: • Full name • job title • department • work location • work, home, and personal cellular telephone numbers (if available) • personal email addresses (if available) • home and/or mailing addresses Employee work location, home and mailing addresses, personal phone numbers, and personal email addresses provided by the City shall be maintained as confidential by the Union. The Union shall take all reasonable steps to ensure the security of personal information, and shall not disclose or otherwise make them available to any outside person, entity or organization. 2.4 New Hire Orientation— The City shall notify new employees represented by Local 39 that Local 39 is the recognized employee organization for the employee's classification. Within thirty (30) days of hire into the Local 39 bargaining unit, the Union shall have the opportunity to make a 30-minute presentation to each new employee. The City shall notify the Union of a new hire at the earliest opportunity but no later than ten (10) calendar days in advance of the employee's new hire orientation. In cases where there is an urgent, unforeseeable need to schedule a new hire orientation less than ten (10) calendar days in advance, the City shall notify the Union within one business day. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 3 2.4.1 Release time for New Hire Orientation - The City shall provide thirty (30) minutes of City-paid release time for a Union Steward selected by the Union to make a presentation on the Union's behalf to a new employee. Release time must be requested at least five (5) calendar days in advance, and only one Steward per new hire shall receive release time for this purpose. 2.5 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. 2.6 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 be 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. 2.7 Copies of Memorandum of Understanding—The City shall post the Agreement on the City’s web site. 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 July 1, 2021 through June 30, 2022 Page 4 Article 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 right 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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 5 Article 6. Salaries and Other Compensation 6.1 Definitions— 6.1.1 Base Pay—Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 6.1.2 Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay and incentive pay such as longevity, education, and special assignment pay. Enhanced pay does not include acting pay or other temporary assignment pay. Each incentive pay will be computed on base pay. The sum of the base pay plus each incentive is the enhanced rate of pay. 6.1.3 Wage Rates—All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows: • Effective the first full pay period in July, 2021, or the first full pay period following the adoption of the MOU by Council, whichever is later: Three percent (3.0%). There will be no retroactive across-the-board base pay adjustments. 6.2 Apprentice Wage Rates— Apprentice Plant Operators and Apprentice Plant Mechanics shall be paid no less than the following percentages of the top step (Step 5) of the current journey level (Plant Operator II or Plant Mechanic 11) base rate of pay. 1st 12-month period..... 65% 6th 6-month period. .. . 85% 3rd 6-month period....... 70% 7th 6-month period... . 90% 4th 6-month period....... 75% 8th 6-month period.... 95% 5th 6-month period....... 80% 9th 6-month period.... Thereafter, at Step 5 of the Plant Operator II or Plant Mechanic II base rate of pay depending upon whether the Apprentice has turned out as a Plant Operator or Plant Mechanic. 6.3 Premium Pay for Grade Certification—Employees who possess valid certificates shall be compensated at higher rates pursuant to Appendix B. These Certification Premiums are effective upon adoption of this contract extension by all parties. 6.4 Longevity Pay Plan for Employees Hired Prior to July 1, 2012—Permanent full-time employees hired prior to July 1, 2012 shall be eligible for longevity pay in accordance with the following schedule: 6.6.1 Fifteen Years of Service—After 15-full years of regular service, 1.5% will be added to the employee’s base rate of pay. 6.6.2 Twenty Years of Service—After 20-full years of regular service, in addition to above, another 1.0% will be added to the employee’s base rate of pay. Longevity pay is not available for employees hired on or after July 1, 2012. 6.7 Shift Differential—Employees assigned to work the night shift (6:00 p.m. to 6:00 a.m.) shall receive an additional 6% of base pay for all hours worked during these periods. Shift differential compensation is not paid to employees during approved leaves (i.e., sick, vacation, injury, paid family care, family medical leave, etc.). City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 6 6.8 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. 6.9 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. 6.10 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. 6.11 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 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. 6.11.1 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. 6.11.2 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. 6.12 Salary Plan and Pay periods—Employees shall be paid biweekly, unless mutually agreed to by the City and the Union. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 7 6.13 Certification Reimbursement— 6.13.1 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. 6.13.2 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. 6.14 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 provide notice to the Union and an opportunity to meet and confer 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. 6.15 Committee Review—Provide for a small labor management committee to review compensation agencies and comparison data each year prior to survey being conducted. 6.16 Uniforms—. Except for employees who are New Members as defined by PEPRA, the monetary value for the purchase of uniforms and maintenance through the City-contracted uniform company is reportable to CalPERS as special compensation. This excludes items that are for personal health and safety such as protective garments and safety shoes. 6.17 Bilingual Incentive Pay –– 6.17.1 Classifications Eligible for Bilingual Incentive Pay –––Positions eligible for bilingual incentive pay must be those that have regular contact with the public. Those classifications that are eligible for bilingual incentive pay are identified below and include any title changes that may occur during the life of this agreement. • Environmental Compliance Inspector 6.17.2 Current Languages in Effect–To be eligible to participate in this program, employee’s must speak a second language used by a significant proportion of the South San Francisco population. For the duration of this agreement, the following languages shall qualify for an employee to receive the Bilingual Incentive Pay under this section. • Spanish • Tagalog • Mandarin • Cantonese • American Sign Language 6.17.3 Testing and Compensation–– An employee who has tested, using the City’s standard bilingual testing procedures and demonstrating to the department head’s satisfaction, proficiency in speaking a second language, shall be compensated at a rate 2.5% higher than the employee’s base hourly rate of pay. Such compensation shall commence the next pay period after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. 6.17.4 Translating– Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 8 asked to assist an individual who is doing business with the City at worksites other than their primary work location. Article 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 carriers, subject to the terms and conditions of the City’s contract with the providers: • Kaiser Permanente • Blue Shield of California. 7.1.2 Employee HMO Medical Premium Cost Share—All employees on the City’s medical plans shall contribute an amount equal to 10% of the HMO premium cost based on plan choice and category of coverage (single, two, family). 7.1.3 Non-HMO Medical Plan Premium Cost—In addition, employees who opt for a more expensive plan than the HMO plans pay the difference between the HMO rate and the premium rate for their selected plan based on provider and coverage size (single, two, family). 7.1.4 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. 7.2 Dental Insurance— 7.2.1 Core Dental 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. 7.2.2 Calendar Year Maximum—The maximum annual benefit is $1,500. 7.2.3 Orthodontia—The lifetime orthodontia coverage is $1,000 for eligible dependents. 7.2.4 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider for the basic plan per 7.2.2 and 7.2.3. 7.2.5 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 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 9 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. 7.2.6 Buy-Up Dental Plan—Subject to the terms and conditions of the City’s contract with the provider, employees may participate in an enhanced dental plan by paying the additional coverage costs over the core dental plan. 7.3 Vision Insurance— 7.3.1 Available Plan—Eligible employees and their dependents shall be provided vision insurance with tints coverage, subject to the terms and conditions of the City’s contract with the provider. 7.3.2 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 7.3.3 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. 7.4 Discretionary Benefit Option— An employee may elect to receive $550 per month in deferred compensation monies in lieu of medical, dental, and vision benefits through the City. If an employee exceeds the deferred compensation annual maximum contribution limit, any remaining City contributions will be made to the employee’s Medical After Retirement Account (MARA). 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 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 has a qualifying event and submits requisite paperwork within 30 days of the qualifying event. 7.5 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 of $50,000. 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 has a face value of $50,000. 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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 10 7.5.5 Supplemental Life Insurance—Subject to the terms and conditions of the City’s contract with the provider, employees may purchase supplemental life insurance at their own cost through the City’s life insurance plan. 7.6 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 carrier, up to a maximum monthly amount, until LTD benefits begins. 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. 7.7 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 $2,000 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. 7.8 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 Group Insurance Premium Plan: This program allows employees to pay their portion of insurance premiums with pre-tax dollars. 7.8.2 Health Care Reimbursement—This program is available for out-of-pocket unreimbursed health care expenses as allowed under the Plan. The current annual plan maximum is $2,500. 7.8.3 Dependent Care Reimbursement—This program is available for out-of-pocket unreimbursed dependent care expenses as allowed under the Plan. The current annual plan maximum is $5,000. 7.9 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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 11 7.10 Deceased Employee/Retiree 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. 7.11 Retired Employee Benefits—. 7.11.1 Group Medical Insurance for Qualifying Retirees—An employee who was hired prior to the adoption of an alternate retiree medical plan by all City bargaining units similar to the plan described in Section 7.11.2 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. Former part-time employees eligible for this benefit will receive a pro-rated retiree medical contribution based on the average budgeted hours of their former position during their final two years of City service. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that unretires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. 7.11.2 Alternate Retiree Medical Plan (“GASB Language”)—An employee who was hired after the adoption of an alternate retiree medical plan by all City bargaining units will not be eligible to participate in the Retiree Medical Insurance program described in 7.11.1. Instead, the City will contribute one and one-half percent (1.5%) of such an employee’s base salary toward a Medical after Retirement Savings Account (e.g. VEBA or similar City-sponsored plan). 7.11.3 Group Dental Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 7.11.4 Group Vision Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 12 City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. 7.12 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 as follows: • Classic Employees: o Classic Tier 1 (generally, employees hired on or before April 24, 2010) – 2.7% at 55 Plan with one-year final compensation. o Classic Tier 2 (generally, employees hired after April 24, 2010 and before January 1, 2013) – 2% at age 60 with three-year final compensation. • New Employees: o PEPRA New Members as defined by CalPERS (generally, CalPERS membership date of January 1, 2013 or later) – 2% at Age 62 Plan with three-year final compensation 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 8% of base salary for Miscellaneous Employees as prescribed by PERS for employees with 2.7% at age 55 retirement benefit, 7% of salary for Miscellaneous employees with 2% at age 60 retirement benefit, and 50% of the actuarial determined normal cost for employees at 2% at Age 62 retirement benefit. 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. 7.13 Retirement Health Savings (RHS) Plan—Operating Engineers Local 39 member employees may participate in the RHS Plan to the extent permitted under the existing RHS Plan policy. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 13 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 (8) consecutive hours of work shall constitute a regular work shift for those non-continuous operations staff except that it may be interrupted by a 30 minute 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 Nine-hour Schedule—Nine (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 30 minute 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. 8.2.3 Paid Lunch Break for Eight- and Nine-hour Schedule—The 30-minute paid lunch break must be taken at a location where the staff must be immediately available for a response and the employee must be on call for any questions or tasks required during the lunch period. 8.2.3.1 Unscheduled Overtime as a result of Paid Lunch Break—If the amount of unscheduled overtime hours incurred by bargaining unit members results in the need for overtime by 5 percent or more, management has the right to examine the cause and make changes or eliminate paid lunches. 8.2.4 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 FLSA Work Periods—The work period under the Federal Labor Standards Act (FLSA) is a period of 7 consecutive 24-hour periods. The City has established the beginning of the work period as follows. Nothing in this provision is intended to affect the right of any employee to overtime pursuant to the terms of this MOU. 8.4.1 Standard FLSA Work Period—The standard FLSA work period begins at 12:01 am Friday and ends at 12:00 midnight the following Thursday. 8.4.2 Continuous Operations FLSA Work Period— City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 14 8.4.2.1 Day Shift Operations—The FLSA Work Period for day shift operators assigned to Continuous Operations begins at 10:00 am on Saturday and ends at 9:59 am on the following Saturday. 8.4.2.2 Night Shift Operations—The FLSA Work Period for night shift operators assigned to Continuous Operations begins at 10:00 pm on Saturday and ends at 9:59 pm on the following Saturday. 8.5 Workweek Schedules— 8.5.1 Non-continuous Operations Eight-hour Schedule—The workweek shall consist of 5-consecutive 8-hour days for non-continuous operations staff. 8.5.2 Non-continuous Operations 9/80 Schedule—The workweek for employees assigned to work the 9/80 plan shall consist of eight 9-hour workdays and one 8- hour workday in each 80-hour pay period 8.5.3 Continuous Operations Twelve-hour Schedule—The workweek for plant operators shall consist of 12-hour workdays within an 80-hour per pay period schedule. 8.6 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. 8.7 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 union representative have been given reasonable opportunity to discuss said changes with the appropriate management representative. 8.8 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 enhanced 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. 8.9 Scheduled Overtime—Employees who are scheduled to return to work shall be compensated as overtime hours at 1.5 times the employee’s enhanced rate of pay. Those hours must be worked. 8.10 Compensatory Time—With the supervisor’s approval, employees may receive compensatory time at the rate of 1.5 times of the employee’s enhanced rate of pay for each overtime hour worked, or may accumulate and use compensatory time in accordance with departmental policies. 8.10.1 Maximum Compensatory Time—All compensated time off may be taken in accordance with departmental policies. Accumulated compensatory time cannot exceed 80 hours. Anyone wishing to exercise 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. 8.10.2 Compensatory Time Accrual—Hours worked that qualify for compensatory time accrue beginning with the first full pay period of each calendar year and end at the City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 15 conclusion of the last pay period of each calendar year. Hours earned in one year cannot be carried forward to the next calendar year. 8.10.3 Payoff of Compensatory Time—During the second pay period of each calendar year, all earned but not used compensatory time shall be paid to the employee at the employee’s enhanced rate of pay. 8.11 Call-back Compensation—Employees who in the course of their employment are called back to work shall receive overtime pay at the rate of 1.5 times the employee’s enhanced 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. 8.11.1 Workday Call-back—An employee shall receive a minimum of 4 hours overtime pay for each call-back that occurs on scheduled workdays. 8.11.2 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 ..................................... Indigenous Peoples’ Day November 11 ............................................................ Veteran’s Day Fourth Thursday in November ................................. Thanksgiving Day Friday following Fourth Thursday in November ..... Day After Thanksgiving December 25 ............................................................ Christmas Day 9.2 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 9.3 Discretionary Holiday—Each employee shall be entitled to one 8-hour paid holiday each calendar year, which may be taken at the discretion of the employee. Once accrued, this discretionary holiday will be used before vacation leave. An employee who has not used the discretionary holiday prior to the last day of the last pay period in the calendar year shall forfeit the receipt of compensated time or pay for such holiday that calendar year. 9.4 “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 at the enhanced rate of pay for the full day holiday observed, or the employee may request 8 hours of “E” time in lieu of holiday pay, with the approval of division management, subject to the 36 hour City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 16 compensatory cap provision. “E” time is time off at straight time for the hours earned in lieu of holiday pay. 9.5 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. 9.6 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. 9.7 Shift 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 through shift holiday pay at the enhanced hourly rate of pay, not to exceed 8 hours, as straight time for the holiday in addition to straight time for the hours worked. 9.8 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. 9.9 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), 12/31 (half day) and the Friday following Thanksgiving. These 2 additional employees are to be compensated for the holiday at the enhanced hourly rate of pay as follows: Straight time for the holiday and straight time for the 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. 9.10 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. 9.11 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 10. 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 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 17 Fifth through 14th year ........................................................ 6.16 hours Fifteenth through 24th years ............................................... 7.69 hours Twenty-fifth and succeeding years .................................... 9.23 hours 10.2 Vacation Accumulation— An employee may accumulate up to two times their annual accrual amount of vacation hours. Once an employee has accumulated two times the annual accrual, no further vacation leave will accrue until the pay period after the vacation balance has been reduced below the two-year cap. 10.3 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. 10.4 Vacation Cash-Out- Employees shall be allowed to cash out up to 40 hours of unused accrued vacation per calendar year with the following provisions: • Employees must have completed a minimum of one year of service. • Employees must maintain a minimum of 80 hours of accrued vacation hours in their vacation bank. • Vacation hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash-out. • Employees must complete an irrevocable election form and submit the completed form to Human Resources no later than December 15 of the calendar year prior to the year of the desired cash-out. Only time accrued during the calendar year following the irrevocable election may be cashed out. • Vacation hours may be cashed out annually in May and/or November, as long as the employee has submitted an irrevocable election form in the prior year. 10.5 Payout 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. Other Leaves 11.1 Sick Leave- 11.1.1 Determination—Every regular permanent and probationary employee, who is unable to work due to illness or injury for other purposes as required by law, is entitled to paid sick leave as follows. 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 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 18 shall be granted. The department head or designee shall not unreasonably withhold approval of the employee’s sick leave request. 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— The department head or designee may require a verification prepared and signed by a licensed health care provider, 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. 11.2 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 enhanced 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. 11.3 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 of sick leave per year will be subject to a review of sick leave usage. 11.4 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 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 19 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 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. 11.5 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: 11.5.2.1 Determination 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. 11.5.2.2 Medical 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. 11.5.2.4 Temporary 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 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 20 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. 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. 11.5.2.6 Accrued 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. 11.5.2.7 Insurance 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. 11.6 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 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 21 has been made. Reports will be evaluated by the department head for 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. 11.7 Protected Sick Leave—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 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 22 use up to half of their annual sick leave allotment, in any calendar year, as protected leave for the following purposes: • The diagnosis, care, or treatment of an existing health condition of, or preventative care for, themselves; • The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s child (regardless of age or dependency status), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of the employee’s spouse or registered domestic partner; and • If the employee is a victim of domestic violence, sexual assault, or stalking, to obtain any relief to help ensure the health, safety or welfare of the employee or their child. 11.7.1 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. 11.7.2 Concurrent Use of Leave—Protected Sick Leave may run concurrently with any family leave permitted under federal or state law. 11.7.3 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. 11.8 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. 11.9 Leave 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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 23 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 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. 11.10 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. 11.11 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 City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 24 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. 11.12 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. 11.13 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 12. Automatic Progression 12.1 Plant Operators— 12.1.1 Treatment Plant Operator I to II—Any employee hired as an Operator I shall upon receipt of a valid Grade II 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 Employment— 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 right of appeal. 12.1.2.2 Grade III Operators—Employees classified as a Plant Operator II must obtain and maintain a Grade III 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 right of appeal. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 25 12.1.2.4 New Plant Operators Hired After 1/1/03—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 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 II certificate. 12.2 Mechanic and Electrical Staff—The City may fill any position at the level it deems appropriate for Plant Mechanic I or Plant Mechanic II, 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. : • 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, success fully completed a new probationary period. 12.3 Environmental Compliance –The City may fill any position at the level it deems appropriate for Environmental Compliance Inspector I or Environmental Compliance Inspector II. An employee hired as an Environmental Compliance Inspector I shall automatically progress to the Environmental Compliance Inspector II classification after all of the following conditions are met: • Possession of a Grade II Environmental Compliance Inspector Certificate issued by the CWEA. • 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 at new probationary period Article 13. Apprenticeship The Union and the City agree to continue the current Stationary Engineers Local 39 Apprenticeship Training Fund. The City may nominate candidates from either Operations or Maintenance. Article 14. Personnel Practices 14.1 Probationary Periods— City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 26 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. 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 Transfer—Employees 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. 14.2 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. 14.3 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. 14.4 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 personne l officer for additional 3-month periods, but in no event shall the list be extended for more City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 27 than one additional year. If an appointment is to be made from an open-competitive list, the names of all persons on the list shall be certified. 14.5 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.  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. 14.6 Time Off for Examinations—Promotional examinations scheduled by the City during an employee’s regular working hours may be taken without loss of compensation. 14.7 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 Reinstatement—A 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 15. 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 requiring 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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 28 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. 15.4 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. 15.5 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 15.6 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. 15.7 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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 29 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 carried 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 16. 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 Facilities—Employees 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. Article 17. Safety 17.1 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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 30 17.2 Safety Program—The City has established a safety program and representatives of the unit shall serve on the safety committee. 17.3 Safety Equipment—The City shall continue to supply employees with safety equipment required by the City and/or Cal/OSHA. All employees shall use City supplied safety equipment only for the purpose and uses specified under applicable safety rules and regulations. 17.4 Safety Shoes – Effective January 1, 2018, the City will reimburse employees who purchase and wear approved protective footwear during their regular duty shift up to $275 per fiscal year through the payroll process. Article 18. Discipline 18.1 Action by City—The City may discipline, discharge, suspend, demote, or reduce in salary any permanent employee for reasons 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 right to appeal the case through the grievance procedure within 5-working days from the date of the 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.  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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 31  That the employee has the right to respond either orally or in writing to the authority initially imposing the discipline. 18.2.2 Appeal Rights—Once the proposed disciplinary action has been imposed, the affected employee shall have the right to appeal. Such appeals shall be filed directly at the fourth step of the grievance procedure set forth in this Agreement. 18.2.3 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 19. Grievance Procedure This grievance procedure shall be applied in resolving grievances filed by an employee covered by this Agreement. 19.1 Definition of a 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 1—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 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. 19.5 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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 32 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. 19.6 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. 19.7 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. 19.8 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. 19.9 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. 19.10 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. 19.11 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. 19.12 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. 19.13 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. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 33 Article 20. Past Practices and Existing Memorandum 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 21. 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 June 30, 2022. Article 24. Signatures In witness thereof, the parties hereto have executed this Agreement in the City of South San Francisco on this__________ day of_________________, 2021. For the Union: For the City: City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 34 Bart Florence, Business Manager Leah Lockhart, Human Resources Director Chief Negotiator Steve Crouch, Director of Public Employees Mike Futrell, City Manager Michael E. Gong, Business Representative, Chief Negotiator Janice Chapman Quinlan Miller Nelson Yuk City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 35 Appendix A Operating Engineers, Local 39 Classifications Those classifications in the International Union of Operating Engineers, Local 39 unit are the following: 1. Lead Plant Operator 2. Plant Operator III 3. Plant Operator II 4. Plant Operator I 5. Apprentice Operator 6. Lead Plant Mechanic 7. Plant Mechanic II 8. Plant Mechanic I 9. Apprentice Mechanic 10. Plant Electrician II 11. Plant Electrician I 12. Plant Utility Worker 13. Senior Environmental Compliance Inspector 14. Environmental Compliance Inspector II 15. Environmental Compliance Inspector I 16. Senior Laboratory Chemist 17. Laboratory Chemist City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 36 Appendix B Certification Premiums Effective July 5, 2013, those classifications listed below are the Plant classifications that are eligible for the following certification premiums, which shall be calculated on the employee’s base rate of pay. Classifications Certification Premiums Grade III Grade IV Grade V Lead Plant Operator 2.5% 2.5% Plant Operator III 2.5% 2.5% Lead Plant Mechanic 2.5% Plant Mechanic II 2.5% 2.5% Plant Electrician II 2.5% 2.5% Sr. Environment Compliance Inspector 2.5% Environmental Compliance Inspector II 2.5% Sr. Laboratory Chemist 5.0% Laboratory Chemist 5.0% City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 37 Appendix C Stand-by Pay and Flexible Work Schedules for Non-shift Employees 1. The City agrees that upon specific written request by the Union during the life of this Agreement, it will discuss with the Union creation of a Stand-by Pay program as a departmental policy and procedure which is separate and apart from this memorandum of understanding. The City agrees to engage in “effects bargaining” with the Union to negotiate over the impact on affected unit members resulting from such a program if the City determines that it makes operation sense to implement such a program. 2. The City agrees that upon specific written request by the Union during the life of this Agreement, it will discuss with the Union creation of a Flexible Work Schedule program for non-shift employees as a departmental policy and procedure which is separate and apart from this memorandum of understanding. The City agrees to engage in “effects bargaining” with the Union to negotiate over the impact on affected unit members resulting from such a program if the City determines that it makes operation sense to implement such a program. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 38 Appendix D Limited Term Employees Pilot Program 1. Limited Term Employees- The City will designate a separate group of extra help employees in the bargaining unit, entitled Limited Term Employees, consisting solely of employees who are hired at the City's discretion, for assignments not to exceed two (2) years. 2. The Limited Term Employees Pilot Program will apply for the duration of the MOU beginning on July l, 2014, and continue to apply to Limited Term Employees hired during this period. This program will be extended for the duration of the MOU beginning on July 1, 2017. 3. The City will use Limited Term Employees only in the following circumstances: (Note: the terms “temporary” and “short term” below shall be defined as not to exceed two years for the purpose of Limited Term Employees.) a. Temporary absence of incumbent b. Short-term variations in workload, including seasonal work c. Short-term special projects/assignments/pilot programs d. Temporary filling of vacant positions e. Intermittent work f. Temporary staffing prior to implementation of organizational or technological changes (e.g., Laboratory/Environmental Compliance). g. Work that has been traditionally outsourced (e.g., Instrument Technician) 4. To the extent Limited Term Employees are hired to facilitate work on planned projects, the City may exercise its discretion to assign such project work to Regular Employees while the Limited Term Employees backfill Regular Employee job duties. 5. The number of positions filled by Limited Term Employees in the unit will not exceed 5 positions at a time. The City will meet and consult with the appropriate Union representative over any expansion of the pilot program or increase in cap on number of Limited Term Employees. 6. The following terms and conditions of employment will apply solely to employees hired as Limited Term Employees: a. Positions will be a limited term as defined by the City, not to exceed two years. b. Limited Term Employees are hourly, unclassified, temporary, at-will employees. c. Upon termination or release from employment, the employee may not be hired for a second limited term assignment. d. Limited Term Employees are full-time (40 hours/week) hourly employees with benefits. Compensation will consist of the following: City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 39 i. Hourly wage rate (X-code). During this pilot program, if there are base pay increases to the equivalent bargaining unit position, the hourly position will be subject to the same. ii. Paid Time Off - 3.08 hours vacation accrual per pay period (80 hours/year); 3.69 hours sick leave accrual per pay period (12 days/year); and 13 paid holidays, including 1 floating holiday. iii. Medical, Dental, Vision, Life and Disability insurances. iv. Section 3121 Retirement Plan. v. Limited Term employees are not eligible for retiree health benefits. vi. Limited Term Employees are eligible for the City's group medical, dental and vision plans as offered to regular full-time employees. Limited Term Employees may not opt out of the plans for cash into a deferred compensation plan. vii. Limited Term Employees are eligible for shift differential pay. The recruitment standards and treatment for Limited Term Employees will be no different than Regular employees. All Limited Term Employees will be expected to have the knowledge, skills and abilities necessary to adequately perform their roles and meet their responsibilities. EXHIBIT D Published by Human Resources Department City of South San Francisco Street Address: Mailing Address: First Floor City Hall P. O. Box 711 400 Grand Avenue South San Francisco CA 94083 South San Francisco CA 94080 650/877-8522 Tel Web Site www.ssf.net 650/829-6698 Fax