HomeMy WebLinkAboutReso 117-1977'RESOLUTION NO, 117-77
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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.
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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.
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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'
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Industrial Waste Inspector adjusted.t° Range 697
Treatment Plant Mechanic and/or Electrician adjusted to Range 649
Laboratory Technician adjusted to Range 606
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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,
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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
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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
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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
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of the State of California, loss of pay or benefits by any employee for the
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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
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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,
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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
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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
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