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HomeMy WebLinkAboutReso 95-1975o RESOLUTION NO. 95-75 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNITS 3 AND 4 - THE SOUTH SAN FRANCISCO CITY EMPLOYEES JOINT COUNCIL (MARINE ENGI- NEERS BENEFICIAL ASSOCIATION AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1569, COUNCIL 57, AFL-CIO) - 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 Units 3 and 4 - The South San Francisco City Employees Joint Council (Marine Engineers Beneficial Association and American Federation of State, County and Municipal Employees, Local 1569, Council 57, AFL-CIO), for the period July 1, 1975 to June 30, 1977, a copy of which is attached hereto as Exhibit A and incorporated herein by this refer- ence 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 an adjourned regular meeting held on the 8th day of Julq , 1975, by the following vote- AYES, COUNCILMEN Richard A, Batta~ia, F. Fra~Mammini and Warren Steink~p NOES, None m! ABSENT, Terru J. Mirri and Leo Padreddii City Clerk MEMORANDUM OF UNDERSTANDING UNITS 3 AND 4 - SOUTH SAN FRANCISCO CITY EMPLOYEES JOINT COUNCIL (MARINE ENGINEERS BENEFICIAL ASSOCIATIO~I AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1569, COUNCIL 57 AFL-CIO) July l, 1975- June 30, 1977 The City of South San Francisco (hereinafter, City) and Units 3 and 4 represented by the South San Francisco City Employees Joint Council (Marine Engineers Beneficial Association and American Federation of State, County and Municipal Employees, Local 1569, Council 57 AFL-CIO) hereinafter called "Joint Council" acknowledge 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 Units 3 and 4 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 which time all agreements, understandings, provisions and conditions contained herein shall terminate. 2. Sal'~ry. (a) Beginning on June 27, 1975 there shall be an increase of seven and one-half percent (7.5%) in the base salary of each employee in Units 3 and 4. (b) Beginning with the pay period which includes July 1, 1976 and continuing until June 30, 1977, each employee in Units 3 and 4 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 Completed annual index period (April to April). 3. Holidays. Beginning on Janizary l, 1976, there will no longer be a paid holiday on February 12 (Lincoln's Birthday) and in lieu thereof, the employees in Units 3 and 4 shall e entitled to 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 (Admission Day) and in lieu thereof, the employees in Units 3 and 4 shall be entitled to one-half (1/2) paid holiday for one-half (1/2) of the working day on December 24 and one-half (1/2) paid holiday for one-half (1/2) of the working day on December 31 each year. Beginning on July 1, 1975, each employee in Units 3 and 4 shall be entitled to take one paid holiday each calendar year, including 1975, until June 30, 1977 which holiday may be taken at the discretion of the employee, subject to prior approval of the Department Head. Employees shall be entitled to be compensated for taking said discretionary holiday, but shall not cumulate discretionary holidays nor be compensated in the event the discretionary holiday is not taken. 4. Sick Leave. (a) Beginning with the pay period that includes january 1, 1977 . ~ ~'~,~nt and probationary employees in Units 3 and 4, except ti~ose who work less than full time, shall be entitled to receive base salary for a periocL 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 for 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 -2- City will provide previously agreed ~pon health, dental and life insurance. The City will also provide long term disability insurance for said employee which insurance shall provide subject to terms and conditions contained therein for the payment of two-thirds (2/3) of base salary after the expiration of the ninety (90) calendar days described above. (b) After the expiration of ninety (90) calendar days from the commencement of a given disability or illness, the City will pay the employee at the employee's option any accrued vacation time. The 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~ninety (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 the 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) days or extensions thereof, from the commencement of a given disability or illness, the employee will be separated from the City's service. Nothing herein shall be .construed so as to limit the employee's right to receive long ter~l~ disability benefits under the Long Term Disability policy beyond the three hundred sixty-five (365) day period. (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 Jan. 1, 1977. To be entitled to receive that compensation, the 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 daily work period for which compensated sick leave is sought; -3- provided, that fire,-police or sani~.~tion employees serving on shift assi§nments must notify superiors prior to the shift in accordance with departmental policy; (2) Each employee on ..~,~ck 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 reserve the right to take such action it deems necessary to confirm or verify actual illness or disability; 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 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 without 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 January 1, 1977employees shall not be entitled to accumulate unused sick leave. In accordance with the City's Personnel Rules and Regulations in effect as of the date of execution of this agreement, e. ach employee will be entitled to payment upon leaving the City's service for sick leave accumulated prior to Jan. 1, 1977 at the employee's existing salary for fifty (50%) percent of the days of accumulated sick leave, 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 the employee without mutually agreed upon consideration. If state or federal legislation is enacted into law then mandating a percentage other than the fifty percent (50%) described herein, then such mandated precentage shall supersede the -4- percentage described herein. 5. Medical Appointments. Beg'~n:~ing on Jan. 1,1977 an employee shall be entitled to receive authorization 't~or 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 traveling to and from the appointment. Employees shall be required to submit a personal affidavit describing the nature and need of such visits. The City reserves the right to confirm or verify any appointments for which such leave is authorized. 6. Family Leave. (a) Beginning on Jan. 1,1977 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 Jan. l, 1977 each employee may take leave without loss of pay for the purpose of attending the funeral of any member of his immediate family, as defined hereinafter, for a period'of three (3) calendar days per occurrence 'within the State of California or five (5) calendar days per occurrence outside the State of California. (c) As used herein "immediate family" is defined to be spouse, parents, brothers, sisters', grandparents, child, mother-in-law, father-in- law, 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 betwee.n the employee and such person. 7. Insurance. (a) Beginning on June 27, 1975 City shall mak~ premium payments up to $75 O0 per month per employee for a health insurance plan for the employee and the employee's dependents, with the option available to the -5- employee to select the plan now kno~,,~ as the Kaiser "S" Plan. (b) Beginning on June 27, '~75 City shall pay premiums up to $25.00 per month per employee for a dental insurance plan for employee and dependents from California Dental Service. (c) Beginning on June 27, 1975 City shal. l 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 provide each empl'oyee 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 terms 'and conditions of the policy. (e) Beginning on June 27, 1975 or within a reasonable time / thereafter, City Shall provide each employee with the Group Vision Care Plan dated January, 1975, designated' VSP Plan B - Employee and Dependent with a ten dollar ($10.00) deductible. 8. Work Week. The work week for all employees in Units 3 and 4 shall consist of 40 working hours, which requires an adjustment of working hours and sala'ries for those employees whose work week as of the date of the execution of this agreement consists of 37~ working hours per week. Therefore, effective July 1, 1975, the base salary of those employees whose work week as of the date of the execution of this agreement consists of 37½ working hours per week shall be adjusted by adding thereto two percent (2%) of said base salary and said employees and the parties hereto shall coordinate and develop plans for the implementation of the adjustment of said work week which shall become effective January 1, 1977. 9. Longevity. Beginning on June 27, 1975, the longevity pay schedules shall be amended so that on and after said date City will pay longevity pay in accordance with the following schedule- -6- { ! lB T. Length of Service Ten to fourteen years, inclusive Fifteen to nineteen years, inclusive Twenty to twenty-four years, inclusive Twenty-five to twenty-nine years, inclusive Thirty .to thirty-four years, inclusive Thirty-five to thirty-nine years, inclusive Forty years and up 10. Employees Covered. Longevity Pay Per Month $]o.oo $15.00 $20.0o $30.00 $40.00 $5O.O0 $60.00 Provisions of this Memorandum apply only to the employees represented by Units 3 and 4. ll. Modification. This Memorandum of, Understanding does not modify any provisions of the personnel rules of the City except as expressly provided herein. Except as herein modi~fied and/or supplemented, all former terms and conditions of employment for employees in Units 3 and 4 shall remain unch.anged, with the express understanding that former terms and conditions of employment do not include management prerogatives under applicable laws, which prerogatives are reserved to management. 12. Dispute. Any dispute over an interpretation of this Memorandum shall be processed ir~ accordance with the procedures set forth in the City's · / ,,' .- /,-' { - · . Employee Grievance Procedure. IN WITNESS WHEREOF the parties hereto have executed this Memo.r,¢~dum /~ /, of Understanding in the,..C~y of South San Francisco of this day ' , ,. , 197.5 , ,, , " EMPLOYEES~ REPRESENTATIVE I ! ill ti "