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HomeMy WebLinkAboutReso 117-1977'RESOLUTION NO, 117-77 - CITY .COUNCIL,. CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AND ACCEPTING MEMORANDUM OF UNDERSTANDING, UNITS 3 AND 4 - SOUTH SAN FRANCISCO CI~! EMPLOYEES JOINT COUNCIL (MARINE ENGINEERS BENEFICIAL ASSOCIATION AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1569, COUNCIL 57, AFL-CIO) ~DLY,l~._1977 -'JUNE 30., 1979. BE IT RESOLVED by the City Council of the City of South San Francisco that the Memorandum of Understanding with Units 3 and 4 - 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, 1977 - June 30, 1979, a copy of'which is attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth verbatim, is hereby accepted and approved I hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at an adjourned regular meeting held-on the 15~h day of August , 1977, by the following vote: ..AYES, COUNCILMEN Richard A. Sattaglia, William A. Borba, Terry J. Mirri and Leo Padreddii NOES, ABSENT, None Emanuele N. Damonte ATTEST: /s/ Arthur A. Rodondi · City Clerk EXHIBIT "A" TO RESOLUTION NO. 117-77 I4EMORANDUM OF UNDERSTANDING UNITS 3 AND 4 - 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} July 1, 1977 - June 30, 1979 The City of South San Francisco {hereinafter, City) and Units )and 4 'represented by th'e South San Francisco City Employees Joint Council J)larine Engineers Beneficial Association and American Federation of State, Ce~nty · , and Municipal Employees, Local 1569, Council 57 AFL-CIO} hereinafter~alled "Joint Council" acknowledge and affirm that they have met and conferred in good faith, exchanged proposals and counter-proposals and in all reSlmCts fulfilled their obligations under law to meet and confer in good fait~. This Memoranclum of Understanding is the product of the above-described meet and conifer process. Representatives of the City have agreed t~ present this memorandum to the City Council for~'determination and representa~ves of Units 3 and 4 have-agreed to present this memorandum to their membe.rs~ip for acceptance and approval. 1. Term. .The term of this Memorandum of.Understanding shall b~ from July 1, 1977, to June 30, 1979, at which time all agreements, under~-~andings, provisions and conditions contained herein shall terminate. The effective dates for certain operative provisions of this Memorandum of Understanding may vary with the aforegoing dates and shall be as hereinafter set forth. 2. Salary. (a) Beginning on the 16th day of August , 1977 , there shall be an increase of six percent (6%) in the base salary of each employ~ in Units 3 and 4. (b) Beginning with the pay period which includes July 1, 197B, and con- tinuing until June 30, 1979, there shall be an increase of six percent {6%} in base salary of each employee in Units 3 and 4. 3. Holidays. Holidays shall be the same as provided in the Memorandum of Understanding approved by Resolution 95-75 on July 8~ 1975. 4. Sick Leav~e, Sick leave shall be the same as provided in the Memo- , randum of Understanding approved by Resolution 95-75 on July 8~ 19/5, 5. Medical Appointments. Medical appointments shall be the same as pro- vided in the Memorandum of Understanding approved by Resolution 95-75 on July 8, 1975. . 6-. Family Leave. Family leave shall be the same as provided in the Memorandum of Understanding approved by Resolution 95-75 on July 8, 1975. 7. Insurance. ·Beginning on the 16th day of August ., City shall provide each employee with the following insurance coverage- (a) Health Insurance Plan. The health insurance plansas provided pursuant to the Memorandum of Understandi'ng approved by Resolution 95-75 on July 8, 1975...... (b) Dental Insurance Plan. The dental insurance plan existing as of June 24, 1977. (c) Vision Care Plan. The vision care plan existing as of gune 24, 1977. · (d) Life Insurance. The term 'life insurance coverage, including accidental death and dismemberment now Five Thousand Dollars ($5,000) shall be increased to Seven Thousand Five hundred · Dollars ($7,500) as soon as an amendment can be-executed with the carrier. (e) Long-Term Disability Insurance. The long-term disability insurance existing as of June 24, 1977. 8. Longevity. The longevity pay schedule adjustments existing as of June 24, 1977, shall be continued. -2- g, Staff Progression, 9.1 Marina Attendant'. Sufficient positions will be provided so that all Marina Attendant I's with two years' experience can be promoted to Marina Attendant II provided they pass the examina- tion. 9.2 Library Assistant. Sufficient positions will be provided so that all Library Assistant I's with two years' experience can be promoted to Library Assistant II provided they pass the examina- tion. 10. Job Title Changes, Salary Adjustments and Study Regarding Additional Position Title Changes and Salary Adjustments. 10.1 Job Title Changes. Based on a determination that the job titles set forth below as new job titles are more.descriptive of the job performance than the present title, the following new job titles shall be established as of the 16th. day of August , 19_ 77, at the salary range and step in effect prior to the salary increases authorized by this Memorandum of Understanding, and then the salary increases so authorized shall be applied thereto- Present Title Park' Maintenance Worker IV Administering the Common Greens Fire Communications Clerk New Job Title Landscape Specialist {707} Senior Typist Clerk (466) 10.2 -Salary Adjustments. The salaries for the following positions shall be adjusted to the ranges designated at the salary range and step in effect prior to the salary increase authorized by this Memorandum of Understanding, and then the salary increase so authorized shall be applied thereto' - 3- Industrial Waste Inspector adjusted.t° Range 697 Treatment Plant Mechanic and/or Electrician adjusted to Range 649 Laboratory Technician adjusted to Range 606 · Supervisor Chemist adjusted to Range 665 10.3 _Study'Reqardinq'-Additional Job Title Changes and Salary Adjustments. The City shall have a study conducted and completed' by July 1, 1978, by a'neutral outside organization, agency or individual for the purpose of reviewing the following classifica- tions and recon~endation regarding changes in job titles and/or adjustments in salaries- Senior Typist Clerk, Public Works Corporation Yard and Treatment Plant .~ Industrial Waste Inspector {salary adjustment only) Library Assistant I (the single position presently assigned the work of program coordination) Parking I4eter Collector/Maintenance-Repairman {salary adjustment only} 11. .Retiree Health Plan. City agrees to provide employees retiring with a service retirement through PERS with the same or as near equal health cover- .. age as possible provided for active employees on-the follo~ting basis: If the employee, retires at age 65 and has been employed for 10 years, he/she is eligible for employer payment of .the aforementibned health insurance for the rest of his/her life. If said employee retires under the age 65, he/she must have, in addition to the 10 years, accumulated one (1} additional year for each year under the age of 65. 12. Work Hours - Flex Time. Office and clerical ~vorkers shall have the right to arrange for flexible hours of commencement and ending of a day's ~.~ork, -4- said times to be arranged with the respective department heads so as not to unreasonably interfere with the duties of the respective offices, with the understanding that a work day shall consist of eight hours, 13. Sewer Treatment Plant Employee Certi fi cat, iqns~., The State of California requires that employees at the Joint Sewer Plant pass an examination and obtain a certification. 'The City shall pay for the initial and renewal fee for said State certificate if the employee passes the required examination. 14. Joint Sewer Plant - Holiday Staffing. In addition to the personnel assigned on rotational shifts, .two workers shall be assigned to work at the Treatment Plant'on December 24 {one-half day} and December 31 {one-half day) . and the Friday following Thanksgiving, said two additional workers to be com- pensated at holiday pay computed as follows- straight time for the holiday and straight time for the additional hours' work. The assignment shall .be made by the Superintendent of Sanitation, ..first relying on volunteers and if there are no volunteers, then on a rotation system established by the Superintendent of Sanitation. 15. Modification. The parties contemplate execution of a master contract setting forth the effective terms and conditions of employment on or before the 31st day Of March, 1979, and agree to diligently pursue development of such a master contract~ using ithe meet and confer process pursuant to. Government Code Section 3500, et seq. 'The meet and confer sessions for said purpose shall · begin'no later than October 1, 1977. Pending the execution of a master contract on or before the 31st day of March, 1979, the following modification provision shall be effective' Modification ProviSion. This Memorandum of Understanding does not modify any provisions of' the personnel' rules of the City except as expressly -5- provided herein. Except as herein modified and/or supplemented, all former terms and conditions of employment for emplo~vees in Units 3 and 4 shall remain unchanged, 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. If such a master contract is not executed on or before the 31st day of March, 1979, then the following modification provision shall become effective on that date: . This Memorandum of Understanding does not modify any provisions of the Personnel rules of the'City except as expressly provided herein. Except as expressly provided herein, all wages, benefits, terms and conditions of employment contained in prior memorandums of understanding and the City. Personnel Rules and Regulations remain the same as they are cur- rently being provided and. administered for the duration of this agree- ment. 16. No Discrimination. It is agreed by and between the parties hereto that there shall be no'discrimination or reprisals by the City, directly or through its officers, agents, repreSentatives or employees,'against any employee of the City of South San Francisco. for directly or indirectly assisting or partici- pating in the strike activities between July 26, 1977, and Auqust 16 , 1977. Discrimination and reprisal shall mean discharge of employees, including those presently in probationary status, denial or delays in promotions or delays in step increases or seniority, or any other direct or indirect form of discrimination or harassment; but shall not mean violations of the Penal Code -6- of the State of California, loss of pay or benefits by any employee for the · period July 26, 1977, to August 16 , 1977, or recovery from any member ./MEBA - Joint Council of Units 3 and 4 or any City employee or AFSC~4E Local 1569/. of any fines, penalties or costs levied against South San Francisco and/or San Bruno by the United States of America, State of California, or any of its agencies, for violation of water quality standards or applicable regulations arising out of any incident occurring at the South San Francisco-San Bruno Joint Sewage Treat- ment Plant site between July 26, 1977, and September 5 , 1977, which is caused by or attributable to the withholding of services and supplies to the Joint Sewer Plant by reason of the strike activities. The date of September.5 , 1977, is based on the following two factors: {1) a return to work of the full complement of sewer plant personnel on August 16 , 1977, with the understanding that a voluntary tern/ination by an employee shall not mean that less than a full complement return to work, and {2} a period of twenty-one (21) days thereafter which will be required in accordance with an appraisaI by the Director of Public Services to return the plant to the operating condition which existed prior to the strike. './MEBA - Joint Council Neither AFSCME Local 1569/nor its representatives or member of Units 3 and 4, or any employee of the City directly or indireCtly assisting or partici- pating in the strike activities, admits any obligations for fines, penalties or costs which may be assessed against South San Francisco or San Bruno by the United States of America, the State of California, or any of its agencies, for violation of water quality standards in relation to the operation and function of the Sanitary Sewer Plant and appurtenant ~qorks between the dates herein- before recited, or as extended. ./MEBA Joint Council Neither Local 1569./ nor i~s officers, agents, representatives or members, including but not limited to members of Units 3 and 4, and any employee ~.~ho has -7- or may have directly or indirectly assisted or participated in the activities referrred to above, will be a party to or participate in any discrimination against.or harassment of any City employee for any actions taken by said employee during the strike, or because of said employee's performance during the strike of any work normally performed by members of Units 3 and 4 and any employee directly or indir, ectly assisting' the activities of members of Units 3 and 4 in said strike. All lawsuits, legal and' administrative proceedings instituted by the City of any nature {including any charge that either party failed to meet and confer in good faith) which have arisen as a result of the existing labor dispute between the parties, and which are now pending, are to be withdrawn and dis- missed with prejudice as to all parties named therein, including any parties designated as "Does," within three {3) days from the date hereof, and no such /MEBA - ~loint Council suit, proceedings, or charges against Local 1569/ its officers and members or' any other labor organization and its officers or members, relating to the subject labor dispute, shall hereafter be filed by the City unless to recover the amount of fines., penalties and costs assessed against South San Francisco and/or san Bruno by the United States of America, State of California and/or any of its agencies for violation of water quality standards in relation to the operation ahd function of the Sanitary Sewer Plant and appurtenant' works from July 26, . 1977, to September 5 , 1977. 17. Employees Covered. Provisions of this Memorandum apply only to the employees represented by Units 3 and 4. 18. Dispute. Any dispute over an interpretation of this r4emorandum shall be processed in· accordance with the procedures set forth in the City's Employee · Grievance Procedure. Understanding in the City of South San Francisco this 15th iN WITNESS WHEREOF, the parties hereto have executed this Memorandum of day of August , 1977. CITY REPRESENTATIVE -9-