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HomeMy WebLinkAboutReso 89-1975 RESOLUTION NO. 89-75 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT 8 - CONFIDENTIAL EMPLOYEES, 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 8 - Confidential Employees, for the period July 1, 1975, to 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 $Oth day of June , 1975, by the following vote: AYES, COUNCILMEN Richard A. Battaglia, F. Frank Mammini, Terry J. Mirri, Leo Padreddii and Warren Steinkamp NOES, " None ABSENT, " None EXHIBIT "A" TO RESOLUTION NO. 89-75 U,',D~RSTAHDI N MEMORANDUM OF "~ UNIT 8 - CONFIDENTIAL EMPLOYEES July l, 1975 - June 30, 1977 · . The City of South San Francisco (hereinafter, City) and'Unit 8 - - Confi~lential Employees (hereinafter, Unit 8) acknowled~je and affirm that --. they have met and conferred in good faith, exchanged proposals and counter- - proposals and in all respects fulfilled their obligations under law to meet" and confer in good faith. This Memorandum of Understanding is the product of the above described meet and confer process. Representatives of the City have agreed to present this memorandum to the City Council for determination and representatives of Unit 8 have agreed to present this memorandum to their membership for acceptance and approval- 1. Term. The term of this Memorandum of Understanding shall be from July 1, 1975 to June 30, 1977, at ¥~hich time all agreements, understandings, · provisions and conditions contained herein shall terminate. 2. Salary. (a) Beginning On June 27, 1975 there shall be an increase of seven · and one-half percent (7½%) in the base salary of the employees in Unit 8. . . (b) -Beginning with the pay period that includes July l, 1976, each employee .in Unit 8, without exception, shall receive either an increase of seven and one-half percent (7½%) in base salary .or an increase in base salary in a percentage equal to the annual percentage change in the cost of living as reflected in the Bay Ar'ea Cost of Living Index for the preceding' completed annual index period '(April to April), whichever is the greater. -1- 3. Work Week. In the event tha'[: all members o'F Units 3 and 4 are reci~ired to work a forty (40) hour week all employees in Uni't 8 who are p~:.~.s~'~tly s. chedul:~ to t.~ork thirty-seven and one-half (37;~) hours per t.~ork t.~.~e~ will begin working an . . · additional fifteen (15) minutes per day starting July 1, 1976 and on June 30~ 1977 will add another fifteen (15) minutes per day to complete the full forty (40) hour · wor·k week. Said increases in the hours worked shall not alter the compensation received or the rights of the employees to salary. . 4. Holidays. Beginning on Janua'ry 1, 1976, there will no longer be a.~.paid' holiday on February 12 (Lincoln's Birthday) and in lieu thereof,'the employees in Unit 8 shall be entitled to a paid holiday on Friday following Thanksgiving Day. Beginning on July l, 1975, there Will no longer be a paid holiday on September 9 (Admissions Day) and in lieu thereof, the employees in Unit 8 shall be. entitled to one-half '(½) paid holiday for one-half (½) of the worki'ng day on December 24 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 8 shall be entitled to take one paid .holiday each calendar year,, including 1975, until June 30,'1977 ~hich · holiday may be taken at the discretion 'of the employee, subject to prior approval of the Department tlead. Employees shall be entitled to be compensated for taking said· discretionary holiday, but s'hall no't cumulate discretionary holidays nor be compensated in the event· the discretionary hOliday is not taken. 5. Sick Leave. ..(a) Beginning with the pay period that includes June 27, 1975 all permanent and' probationary employees in Unit 8, 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 -2- disability as c~ ,ensati'on 'for sick leave. Sa'i( ~ompen.~;at'ion 'is in lieu of any amounts employee is entitled to receive frown t.;orker's compensation · . or other income SUl)plement sources existing by reason of '~he employee's e~ployment by City. In consideration o'F receiving said base salar~ for"- said period, employee assigns to City all rights to receive worker's compensation or' other income supplements arising by reason of employee's . employment by City. In addition, during said ninety (90) calendar days · City will provide previously agreed upon health, dental and life insur~n..ce:.. .~he City will also provide long term disability, insurance for said employee which insurance shall provide subject to terms an~l conditions contained ~ therein for the payment of two-thirds i2/3) of base salary after expir2tio~ of the ninety (90) ca.lendar days described above, , · -' ! · · . . (b) After the expiration of ninety (90) calendar clays from the commencement of a given disability or illness, the city t.~ill pay the employe~ at the employee's option any accrued v.acation time. ~he City will also · continue to.pay previously agreed upon premiums for such employee on all health, dental and life insurance until the date of separation. (c) At any time after the expiration of ninbty (90) calendar · days and before the expiration of three hundred sixty-five (365) calendar days from the commencement of a given disability or illness, the City has th'e right to review the case of the individual employee and either separate the .employee from the City's service or extend coverage beyond three ,. % hundred sixty-five (365) calendar days. (d) After the expiration of three hundred sixty-five (365) · calendar days or extensions thereof, from the commencemenk of a g~ven disability, or illness, the employee t.~ll 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 long term disability policy -2- beyond tile thre ndred six'Ly-five (365) day 'pe)~"'lod. (e) The compensation for sick leave actually taken described in'the preceding subparagraphs is the only compensation for sick leave o actually taken which the City. will pay beginning on July 1, 1975. To be entitled to receive that compensation, tile employee must satisfy all of the following conditions- (1) The employee must notify his or. her immediate supervisor prior to , or within two (2) hours after, the ..:.._ . commencement of the dlaily work period for which compensated sick leave is sought; provided, that fire, police, sanitation or ':commun' ications employees serving on shift assignments must notify superiors prior to th'e shift'in accordance 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 a'ffidavit; provided, that the City .reserves the right-to take such action it deems' necessary to confirm or verify actual illness or disabili't~v; provided 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 returnin§ 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 without any restrictions; (fi "Sick leave" as used herein is defined as the period of time during' which the employee suffers actual personal illness or disability ~hich 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 u~" ed sick leave. In accordance(' : th the City's l'erso~mel Rules and Regulations in ef'Fect as of the date oF execution of this agreemellt, each.employee will be entitled to payment upon leaving the City's service -For sick leave accumulated prior 'to June 27, 1975 at .'the. employee's existing salary 'For fifty percent (50%) of 'Lhe clays of · accumulated sick leave which days of accumulated sick leave shall not exceed One ltundred Twenty (120) days. Said right to paymen't is deemed a property right which shall not be taken from the employee t,~ithout mutually agreed upon consideration. If s. tate or' federal legislation ~:~" ' ..enacted into law then mandating a. percentage other than the fifty percent' (50%) .des-c~ibecl herein, then such mandated percentage, shall Supersede the perc~nta§e described herein. 6.. Medical Appointments. Beginning on'June 27, 1975, an employee · . shall be entitled to rece'ive authorization for leave, without loss of 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. ~he Cit~, reserves the ri.ght to confirm or verify any appointments for which such leave . i s authorized. 7. Family Leave. (~) Beginning on July l, 1975, 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 employee' s home. (b) Beginning on July l, 1975, each employee may take leave without loss of pay for the purpose of attending the funeral of any member of his imme~liate family, as defined hereinafter, for a period of three (3) calendar days per occurrence within the Stage.of California or five (5) calendar days' per occurrence outside the State of California. (c) A~sed~'' herein "im~i:edia'~e falnily"~,.'~~' de'fined to be spouse, parents, brotl~ers, sisters, ~ra~dparents, child, mother-in-law, father-in-law, brother-in-law, sister-in--law, daughter-in-law, or son-in-law. In addition, the City I~lana(jer may grant the above described leave in the event 6f tl~e 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 provide each employee a health' insurance plan for the employee and his or her' dependents, w~th the.option available to the employee to select the plan now known as the 't Kaiser.. "S" Plan. (b) Beginning on June .27, .1975, City shall provide each employee with a 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 a face amount of five thousand dollars ($5,000.00). (d) Beginning on June 27, 1975, City shall modify its contract of insurance for long term disability coverage to provide that benefits to be'paid a disabled employee shall equal two-thirds (2/3) o'F .the regular base monthly salary of the employee subject to the terms and conditions contained in the policy. 9. Social Securits..If a majority of employees now covered by Social Security, elect to withdraw from the Social Security system at a properly held election, the reiults of which ale recognized by the Social Security Admin- .istration, City agrees to provide the PERS "59 Survivor's Benefits". 10. Vacations. Beginning on June 27, 1975 all employees in Unit 8 shall · .,-~,~'~, ~ ~ ~ ~ ~[ be entitled ~o annua~ w~cat~ons w~thout loss oF pa~ ~n accordance w~th the following schedule- _Length of City Service one to ten years, inclusive Eleven to twenty-four years, inclusive Twenty-five years ok more Annual Vacation 15 working days 20 working days 25 working days. ll. Longev_ity. Beginning on June 27, 1975, City will provide additional compensation, designated as longevity pay in accordance with the following schedule- Length of Service Ten to fourteen years, inclusive Fifteen to nineteen years, inclusive ~wenty to twenty-four years, inclusive T~.~enty-five to Twenty-nine years, inclusive Thirty to .Thirty-four years, inclusive Thirty-five to Thirty-nine years, inclusive · Fourty years and up Longevity Pay Per Hofith $ o.oo .$15. O0 $20.00 $30.00 $40.00- $5o.o0 ' $6o.oo 12. Position Adjustment. Beginning with the pay period that includes July l, 1975 the following position adjustme'nts shall be effective- Personnel Cler.k to Range 44. 13. Additional Benefits. In the event that Units 3 and 4 shall be granted either the following benefits, then all employees of Unit 8 shall be entitled to the same benefits, at the same time such other unit receives the benefits- (a) Optical Plan; (b) Greater life insurance coverage than is presently being provided employees in Unit 8. 1~. Administra..~' 'e Leave. Admi~'istrati. ve leav~ ,ithout loss of pay may be ~.lranted at the discretion of th'e Del)ar~nlen'~ tlead ~.~ith.prior approval o'~ the City I,Ia~ag~; 15.' Employees Covered. Provisions of this 14emorandum apply only to the employees represented by Unit 8 - Confidential Employees. · .... 16. Modification. 'This I,lemorandum does not modify any provision of the Personnel Rules of tile City except as expressly provided herein. Except as expressly provided herein, all wages and benefits remain the same as they are currently being provided or administered. 17.., 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 WITNESS WHEREOF the parties hereto have executed this Memorandum of Understanding in the City of South San Francisco this ~ day of...~.~. _1975. CITY RF_~P~RqSENTATIVE ' ~ EMPLOYEES' REPRESENTATIVE