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HomeMy WebLinkAboutReso 86-1975 RESOLUTION NO. 86-75 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT 2 (PROFESSIONAL AND PARAPROFESSIONAL) JULY 1, 1975 - JUNE 30, 1977. BE IT RESOLVED by the City Council of the City of South San Francisco that the Memorandum of Understanding with Unit 2 (Profes- sional and Paraprofessional) for the period July 1, 1975 - June 30, 1977, a copy of which is attached hereto as Exhibit A and incorpo- rated herein by this reference as if set forth verbatim, is hereby accepted and approved. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a special meeting held on the 30th day of June , 1975, by the following vote: AYES, COUNCILMEN Richard A. Battaglia, F. Frank Mammini, Terr~ J. Mirri, Leo Padreddii and Warren Steinkamp NOES, " None ABSENT, " None EXHIBIT "A" TO RESOLUTION NO. 86-75 MEMORANDUM OF UNDERSTANDING UNIT 2 - (PROFESSIONAL AND PARAPROFESSIONAL) July 1, 1975 -June 30, 1977 The City of South San Francisco (hereinafter, City) and Unit 2 (Professional and Paraprofessional) (hereinafter, Unit 2) acknowledge and affirm that they have met and conferred in good faith, exchanged proposals and counter- proposals and in all respects fulf.illed their obligations under law to meet and confer in good faith. ' Th~s Memorandum of Understanding. is the.product of the above-described meet l and confer process' Representatives of the City have agreed to present this Memorandum to the City Council for determination and representatives of Unit 2 have agreed to .present'this Memorandum to their membership of Unit 2 for accep- tance and approval. 1. Term. The term of this Memorandum of Understanding shall be from July 1-, 1975 to June 30, 1977, at which time all agreements, understandings,' provisions and conditions contained herein shall terminate. 2. Salary. (a). Beginni'ng on June 27, 1975 there shall be an increase of fi've percent (5%) in the base salary of each employee in Unit 2. In addition, the Communications Dispatcher position shall have an increase o-F seven and one-half percent (7-½%) in base salary beginning with such. pay period. (b) Beginning with the pay period that includes' July 1, 1976, each employee in Unit 2, without exception, shall receive an adjustment in base salary in a percentage equal to the annual percentage change in the cost of living as reflected in the Bay Area Cost of Living Index for the preceding compl'eted annual index period (April to April). -1- o' ( ( 3. Overtime. The salary described hereinabove is deemed compensation to an employee for working forty (40) hours per work week. Any time worked in excess of forty (40) hours per work week shall be compensated at the applicable overtime rate.' 4. Holidays. Beginning on January l, 1976, there will no longer be a paid holiday on February 12 (Lincoln's Birthday) and 'in lieu thereof, employe.es in Unit 2 shall be entitled to take a paid holiday on the Friday following Thanksgiving Day. Beginning on July 1, 1975 there will no longer be a. paid holiday on September 9 (Admissions Day) and in lieu thereof, the employees in Unit 2 shall be entitled to one-half (½) paid holiday for one-half (½) of the working day on December 26 and one-half (½) paid holiday for one-half (½) of the working day on December 31 each ., year. Beginning on July 1, 1975, eaCh employee in Unit 2 shall be entitled to one paid~ holiday each Calendar year, including 1975, until June 30, 1977, which holiday may be at the discretion of the employee, subject to prior approval, of the department head'and City Manager. Employees shall be entitled to be compensated for said discretionary holiday, whether taken or not, but shall not cumulate discretionary holidays. -5. Sick Leave~ · (a) Beginning with the pay period that includes June 27, 1975, all permanent and probationary employees in Unit 2, except those who work less than full time, shall be entitled to receive base salary for a period of ninety (90) calendar daYs from the commencement of a given illness or disability as compensation for sick leave. Said compensation is in lieu of any amounts employee is entitled to receive from Worker's Compensation or other income supplement sources existing by reason of the employee's employment by City. In consideration of receiving said base salary .' -2- ( for said period, e;npl(,yee assigns to (:ity all rigllts to receive Uorl;er's Comt~ensation or o~her income SUl;l~le;nen~s arisil~g by reason of einployee's emt~loymen'~: by City. I~; aclcl-i'~'i~l~, (lur'in~l sai(! ~e'Ly (90) calendar days, ..... City will l~rovicle previously agreed tlpon health, dental and life insurance. The City will also provide 'long term clisability insura~ice for said employee, which insurance shall provide subject to terms and concli~ions containecl therein for .the payment of two-thirds (2/3) of base salary after the expiration of tl~e ninety(90) calenclar days described.above. - Cb) After'the expiration of ninety (90) calendar clays from the comniencement of a given disability o~~ illness, the City ~,;ill pay the employee at the employee's °ption any accrued vacation time. The'City will also continue  , to pay previously a~lreed upon premiums for such emp.loyee on all health, dental and life ins~rance until the date of separation. Cc) At any time after the exi~iration of ninety (90) calendar days and -'before the expiration.of three hundrecl sixty five (365) calendar clays 'Fro~ii the commencement o-F a given disability or illness, the City has the right to review the case of the in(lividual employee and eithe~ separate the employee 'from the C~ty's service or extend coverage beyond three hundred sixty-Five (365) calendar clays. Cd) After the expiration of three hundred sixty five (365) calendar days or extensions ~hereo'F, from the com~nencement of a given disability or illness, . the employee ~.;ill be separated from the City's service. Nothing herein shall be construed so as to limit the employee's right to receive long term disability benefits under the lon9 term disability policy beyond the three hunch'ed s~xty five (365) calendar day period. -3- (e) The compensation for sick leave actually taken described in the preceding subparagraphs is the only compensation for sick leave actually taken which the. City will pay beginning on June 27, 1975. To be entitled t° receive that compensation, the employee must satisfy all of the following cOndi ti ons- (1) The employee must notify his or her immediate supervisor prior to, or within two (2) hours after, the commencement of the daily work' period for which compensated sick leave is sought;' provided,. that fire, police, co~munication or sanitation employees serving on · shif~ assignments must notify superiors prior to the shift in accord- .ance/with departmental policy; (2) Each employee on sick leave must produce evidence satisfactory to the City describing the nature of' the illness and such evidence may be in the form of a personal affidavit; provided, that the City reserves the right to take such action it deems necessary to confirm or verify actual illness or disability; provi.ded further, that in the eVent that the employee is ill or disabled for more than one calendar .week, less one · hour, then the employee shall present to the City, before returning to work, a certification by a medical doctor describing the nature and extent of the illness or disability'and confirming~that the employee has recovered fully and is able to perform regular work wil~hout any restrictions; (f) "Sick leave" as used herein is defined as the period of time during which the employee suffers actual personal illness or disability which necessitates his absence from employment. Sick leave is .not a right , or privilege to be used at the discretion of the employee. (g) Beginning on June 27, 1975, employees shall not be entitled to accumulate unused sick leave. In accordance with the City's Personnel -4- Rules and Re(julation in effect as of the date of ex. ution of this~ agreement, each employee will be entitled to pay~nent upon leav~n(] the City's service for sick leave accumulated prior to June 27, 1975 at the employee's uO~:) of the days o'~ accumulated sick leave, existing salary for fifty percent (~," which accumulated days of sick leave shall not exceed one hundred twenty (120) days. Said right to payment is deemed a property right which shall not be taken from th'e employee without mutually agreed upon consideration. If state' or Federal legislation is enacted into law then mandating a percentage other 'o than the fifty percent (50f~) described ~here~n,'then such mandated.percentage shall supersede the percentage described herein. 6. Medical Appointments. Be§innin§ on June 27, 1975 an emploYee.shall be entitled to receive authorization for leave, %.~ithout 10ss o~=~ pay, for appointments with medical doctors and dentists. Such leave shall be authorized only for the actual time necessary for the appointment and for travelling to and from the.appointment. Employees shall be required to submit a personal affidavit describing the nature and need of such visits. Tthe City reserves the right to confirm or verify any appointments for which such leave is authorized. 7. Family Leave. (a) Beginning on jUly 1,.!975, each employee may take Up to four (4) calendar days of leave without loss.of pay in the case of actual serious illness or disability of any member of the employee's family who resides in the emp.loyee's home. (b) Beginning on July 1, 1975 each employee may take leave without l°ss of pay for the purpose of attending t~he funeral of any member of his immediate family, as defined hereinafter, for a period of four (4) working days. (c) As used herein "immediate family" is defined to be spouse, parents, brothers, sisters, grandparents, child, mother-in-law, father-in-law, -5- brother-in-law, sister-in-law, daughter-in-law, or son-in-law. In~addition, the City Manager 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 City Manager's opinion, there exists an extraordinarily close relationship between the employee and such person. 8. Insurance.' (a) Beginning .on June 27, 1975 City shall pay premiums up to $75.00 per month pe.r employee for a health insurance plan for the employee and the employee's dependents, with the option available to the employee to select the plan now known as the Kaiser "S" Plan. · (b) Beginning on June-27, 1975 City shall pay premiums up to $25.00 per month per employee for dental insurance plan for employee and dependents from California Dental Service. (c) Beginning on June 27, 1975 City shall provide each employee with term life insurance, including.accidental death, and dismemberment coverage, in the face amount of-rive thousand dollars ($5,000.00). · (d) Beginning on June 27, 1975 City shall provide each employee with long term disability insurance which, subject to the terms and conditions thereof, shall provide for payment of two-thirds.(2/3) of base salary during disability, subject to the'terms and conditions of the policy. 9. Education Incentive Pay. (a) Beginning on June 27, 1975 City agrees to pay compensation in addition to regular base salary as an extrinsic motivator for employees to encourage them to augment their formal education on a continuing basis. Such incentive pay shall be provided to all permanent and probationary employees who satisfy the following conditions' (1) Employment by the City for ~wo (2) or more consecutive years; (2) Full time, as distinguished from part-time, 'employment with the City; (3) Beginning July 1, 1976, each employee must successfully complete three. (3) accredited units for the preceding fiscal year (July 1 - June 30) to remain eligible for incentive pay; provided, that failure to satisfy this requirement will reduce said incentive pay by two and one-half percent (2-~/~) for the '- ' year following the year in which said requirement is not satisfied . (in the event said reductions eliminate incentive pay for an ~ employee, there shall be no reduction in base salary by reason of / the employee's failure to satisfy the above requirement). · (b) Subject to the conditions described above, City agrees to provide incentive pay at the following rates- (1) Additional pay equal to two and one-half percent (2-½%) of, regular base salary for successful completion of Sixty (60) accredited units· of attainment of Associate of Arts Degree in a field related to the employee's employment; or (2) Additional pay equal to five percent (5%) of regular base salary for successful completion of one hundred twenty (120) accr~edited units of which sixty (60) units must be of upper division status or attainment of Bachelor of Arts Degree in a field related to the employee's employment; 9_r (3) Additional pay equal to seven and one-half percent (7½%) of regular base salary for attainment of Bachelor of Arts Degree and successful completion of thrity-two (32) accredited graduate level units in a field related to the employee's employment. -7- 10, Social Security.. If a majority of eml)loyees now covered by Social Security, elect to withdraw from the Social Security system at a properly held election, the results of which are recognized by the Social Security Admin- istration, City agrees to provide the PERS "59 Survivor's Benefits". · .. · "ll. _Employees Covered. Provisions of this Memorandum apply only to the employees represented by Unit 2 - (Professional and Paraprofessional "12. Modification" This Memorandum does not modify any provision of the Personnel Rules of the City except as expressly provided herein. Except 'as expressly provided herein, all wages and benefits remain the s.ame as they are currently being provided or administered, · ~ 13. Dispute' Any'dispute over an interpretation of this Memorandum shall ~be processed in aCcordance with the procedures set forth in the City's · Employee Grievance Procedure. - .... IN WI'[NESS I~IHEREOF the parties hereto have executed this Memorandum of Understanding in the City of South San Francisco on this ~<~ day of ~ ~~_ , 1975. CITY~TATI.V,E EMPLOYEES '. REPRESENTATIVE -8-