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HomeMy WebLinkAboutReso 46-1979 RESOLUTION NO. 46-79 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMO- RANDUM OF UNDERSTANDING, UNIT 8 - CONFIDENTIAL EMPLOYEES, JULY 1, 1978 - JUNE 30, 1979 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, 1978 - 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 introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 18th day of April , 1979, by the following vote: AYES' NOES' Councilmen Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri; Councilwoman Roberta Cerri Teglia None ABSENT- None /~ -City Clerk ~/ MEMORANDUM OF UNDERSTANDING UNIT 8- CONFIDENTIAL EMPLOYEES July 1, 1978- June 30, 1979 r ,, The City of South San Francisco (hereinafter, City) and Unit 8- Confidential Employees (hereinafter, Unit 8) 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. City and Unit 8 representatives agree and acknov~ledge that negotiations for salary increases and benefits for fiscal year 1978-79 commenced prior to July 1, 1978' and the parties contemplated that any pay increases and/or benefits pursuant to the Memorandum of Understanding for fiscal year 1978-79 would be effective as of the pay period which included July 1, 1978, if · limiting legislation then in effect was repealed, amended to remove the limitation or declared unconstitutional in a final judgment by a court wi th jurisdiction thereof. 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 it to their membership for acceptance and approval. 1. Term. The term of this Memorandum of Understanding shall be from July 1, 1978 to June 30, 1979, at which time all agreements, understandings, provisions and conditions contained herein shall terminate. 2. Salary. Commencing with the pay period which includes July l, 1978, the 1977-78 base salary for current members shall be increased by six percent -1- 4: .- (6%). A member as of July l, i978, who thereafter left the service of the City through a service or disability retirement, shall receive said six percent (6%) increase to and including the effective date of said retirement. Exhibit "A" entitled "Salary Ranges Effective July l, 1978 for Unit 8," attached hereto and incorporated herein, sets forth the ranges and bi-weekly salaries which reflects said increases, but if there is a variance between Exhibit "A" and the "City of South San Francisco Master Salary Schedule Bi-Weekly Table for 1978-79," then the latter shall prevail. 3. Holidays~ (a) Authorized Holidays. The following are the authorized holidays- (1) January 1 (2) Third Monday in February (3) Last Monday in May (4) July 4th (5) First Monday in September (6) Second Monday in October (7) November llth (8) Fourth Thursday in November (9) Fourth Friday in November (lO) December 24th (Four Hours) (ll) December 25th (12) December 31st (Four Hours) (13) One Discretionary Holiday* (New Year's Day) (Washington's Birthday) (Memorial Day) (Independence Day) (Labor Day) (Col umbus Day) (Veterans Day) (Thanksgiving Day) (Day following Thanksgiving) (Four hours of workday preceding Chris tmas) (Christmas Day) (Four hours of workday preceding New Year's Day) *Each employee shall be entitled to take one paid holiday each calendar year, 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 -2- for taking said discretionary holiday but shall not accumulate discretionary holidays nor be compensated in the event the discretionary holiday is not taken. (b) Holiday Pay. Regular full-time employees, except for personnel assigned to continuous operations, shall be entitled to observe all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day, provided they are in pay status on both their regularly scheduled workdays immediately preceding and following the holiday. 4.1 Sick Leave. It is the intent of the parties to provide a compre- hensive, integrated sick leave benefit plan for employees, who due to injury or illness, are unable to perform their usual and customary duties. Benefits ale provided for both work-connected and non-work-connected injury and illness. Nothing contained herein is intended to diminish the benefits which any federal or state law mandatorily requires, and the integrated sick · leaVe benefit plan shall not provide benefits in excess of those required by state or federal law, except as expressly provided herein. 4.2 Sick Leave Benefits (a) General Employees. · (1) All full-time permanent and probationary employees in Unit 8 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 supplements arising by reasons of employee's employment by City. In addition, during said ninety (90) calendar days, City will provide previously agreed upon health, dental and life insurance. The City will also provide long-term disability insurance for said employee -3- 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. (2) After the expiration on ninety (90) calendar days from the commencement of sick leave for a §iven 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 a§reed upon premiums for such employee on all health, dental and life insurance until the date of separation. (3) 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 ri§ht 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. (4) After the expiration of three hundred sixty-five (365) calendar days or extensions thereof, from the commencement of a §iven 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-term disability benefits under the long-term disability policy beyond the three hundred sixty-five (365) calendar day period. 4.3 Sick Leave Conditions. Sick leave for the purpose of the new sick leave benefit set forth in paragraph 4.2 and the several subsections thereof is defined as the period of time during which the employee suffers actual personal illness or disability which necessitates his absence from employment, and it is not a right or privilege to be used at the unqualified -4- discretion of the employee. The employee must suffer an actual personal illness or disability which necessitates his absence from employment and to be entitled to compensation for said sick leave must satisfy the conditions hereinafter set forth. The compensation for sick leave set forth in paragraph 4.2 and the subsections thereof is the only compensation for sick leave which the City will pay. (a) The employee must notify his or her. immediate supervisor prior to the commencement of the daily work period for which compensated sick leave is sought; provided that those employees serving on shift assignments must notify supervisors prior to the shift in accordance with dePartmental pol icy; (b) 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 or shall be in the form of a certification · by a medical doctor if requested by a Department Head with prior notice to the employee; provided that the City reserves 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 thirty-nine (39) Working hours, 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 ~llness or disability and confirming that the employee has fUlly recovered and is able to perform regular work without any restrictions. 4.4 Sick LeaVe Accumulation. Termination and Payment. Beginning on June 27, 1975, employees 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, each employee will be -5- 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 the days of accumulated sick leave which days of accumulated 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 percentage shall supersede the percentage described herein. 5. Medical Appointments. Employees shall be entitled to receive 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 traveling to and from the appoint- ment. 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. Emergency Family Leave (a) Each employee may take leave without loss of pay up to four (4) workdays per calendar year for emergency situations where an immediate family member must receive immediate medical attention due to a sudden, serious and actual sickness or disability (excluding routine or scheduled doctor's appointments). Employees shall be required to Submit a doctor:s certification. (b) Beginning on July 1, 1977 each employee may take leave without loss of pay for the pur. pose of attending the funeral of any member of his or her immediate family, as defined hereinafter, for a period of three (3) work- days per occurrence within the State of California or five (5) workdays per -6- 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 between the employee and such person. 7. Insurance (a) Health. City shall provide each employee ~a health insurance plan for the employee and his or her dependents, with the oPtion available to the employee to select the plan now known as the Kaiser "S" plan. (b) Dental. The self-insured program of dental care benefits existing as of April l, t978 shall be provided for employees and dependents. (c) 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 carrier, no later than June l, 1979. (d) Long-Term Disability Insurance. City shall provide insurance for long-term disabili.ty coverage to provide that benefits to be paid a disabled employee shall equal two-thirds (2/3) of the regular base monthly salary of the employee, subject to terms and conditions contained in the policy. (3) Vision Care Plan. The City shall provide for permanent full- time employees and their eligible dependents the Group Vision Care Plan, dated January, 1975, designated VSP Plan B, Employee and Dependents, with a ten dollar ($10) deductible. -7- 8. Longevity Pay Plan. The City shall pay all permanent full-time employees longevity pay in accordance with the following schedule: 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 or more Lonqevi ty Pay/Monthly $10 $15 $2o $3o $40 $5o $6o 9. Workday/Week. Eight (8) consecutive hours shall constitute a work- day except that they may be interrupted by a lunch break. The work week shall consist of forty (40) hours. lO. Deferred Compensation. All permanent full-time employees are · eligible, subject to the terms and conditions thereof,~ to participate in the City of South San Francisco Deferred Compensation Plan. 11. Vacation. All permanent full-time employees shall accrue annual vacation in accordance with the following schedule: Length of Service One to ten years, inclusive Eleven to twenty-four years, inclusive Twenty-five years or more Annual Vacati on 15 working days 20 working days 25 working days Members shall be entitled to take vacations without loss of pay, subject to prior approval of scheduling by their immediate supervisor. Unused vacation for such employees may accumulate up to twice their annual accrual amount. Any such employee who wishes to take vacation in excess of their annual accrual rate shall obtain prior approval from the -8- immediai~e supervisor. If any employee does not take accumulated vacation, he or she shall be entitled to be paid for accumulated vacation upon separation from the City's service at the regular base salary of the employee upon separation. 12. Retirement. The benefit contracts in effect between the City and the Public Employee's Retirement System (PERS)~ in behalf of eligible employees as of April l, 1979 shall be continued during the term of this Memorandum. 13. Administrative Leave. Administrative leave without loss of pay may be granted at the discretion of the Department Head with the prior approval of the City Manager. 14. Flex Time. Members of Unit 8 may arrange for flexible hours of commencement and ending of a day's work, said times to be arranged with the respective Department Heads so as not to interfere with the duties of the respective offices, with the understanding that a workday shall consist of eight (8) working hours. 15. Overtime. Authori.zed work performed by an employee in excess of their scheduled workday or workweek shall constitute overtime except as otherwise provided. An employee required to work in excess of their scheduled hours of work shall be compensated for each overtime hour so worked at the rate of one and one-half (1½) times the employee's base rate of pay. No form of overtime payment shall be made where time worked prior to the beginning of a shift or following completion of a shift is less than twelve (12) minutes duration. 16. Employees Covered. The provisions of this Memorandum apply only to the employees represented by Unit 8 - Confidential Employees. 17. Modification. This Memorandum does not modify any provision of -9- the Personnel Rules of the 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. 18. 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 on this ?~ day of . ;? CITY'S REPRESENTATIVE EMPLOYEES' REPRESENTATIVES -lO- SALARY EXHIBIT A RANGES EFFECTIVE FOR UNIT 8 JULY 1, 1978 CLASS I F I CAT I ON Administrative Assistant to City Attorney Executive Secretary Legal Secretary Personnel Clerk Personnel Technician Secretary BI-WEEKLY 'RANGE A B 807 645.60 677.60 663 530.40 556.80 632 505.60 531.20 588 470.40 493.60 750 600.00 630.40 588 470.40 493.60 C SALARY 712.00 584.8O 557.60 518.40 661.60 518.40 747.20 614.40 585.60 544.80 694.40 544.80 784.80 644.80 614.40 572.00 729.60 572.00