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HomeMy WebLinkAboutReso 120-1980RESOLUITON NO. 120-80 CITY COUNCIL, CITY OF SOUTH SAN'FRANCISCO, STATE' OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM 'OF UNDERSTANDING, UNIT 2, COMMUNICATIONS DISPATCHERS, REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1569, AFL-CIO, JULY 1, 1979 - JUNE 30, 1982 BE IT RESOLVED by the City Council of the City of South San Francisco that the Memorandum of Understanding with Unit 2, Communications Dispatchers, repre- sented by American Federation of State, County and Municipal Employees, Local 1569, AFL-CIO, July 1, 1979 - June 30, 1982, a copy of which is attached as Exhibit "A" and incorporated herein by this reference as set forth verbatim, is hereby accepted and approved. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to endorse on Page I and Signature Page of said Memorandum of Understandi'ng the following: "Approved by Council' Resolution No. 120-8,0 adopted October 1 , 1980" 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 regul,.ar meeting held on the 1st day of October , 1980 by the following vote' AYES' Councilmen Ronald G. Acosta, Mark N. Addiego and Gus Nicolopulos . o · NOES' ABSENT' None Councilman Emanuele N. Damonte and Councilwoman Roberta Cerri Teglia ATTEST' ,/~~~~ ~'~, 'rkO' . City Cle MEMORANDUM OF UNDERSTANDING UNIT 2 - PROFESSIONALS AND PARA PROFESSIONALS PRESENTED BY AMERICAN FEDERATION OF. STATE, COUNTY AND MUNICIPAL' EMPLOYEES, LOCAL 1569, AFF-CIO July 1, 197.9- June 30, 1982 THE CITY OF SOUTH SAN FRANCISCO .(hereinafter, City) and Unit 2, Professional and Para Professionals, represented by American Federation of State, County and Municipal Employees, Local 1569, AFL-CIO, 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 donfer in good faith. CITY and Unit Representatives acknowledge that (1) prior to July 1, 1979, the parties commenced negotiations for salary increases and benefits for fisca.1 years 1979-80, 1980-81 and 1981-82; (2) retroactive pay and benefits and the effective .date thereof were included in Unit 2 demands; (3) upon expiration of the Memorandum of Understandi~ng effective the fiscal years 1977-78 and 1978-79, members of Unit 2 continued to work during the negotiating period in absence of any contract with the understanding that the effective date of the negotiated salaries and benefits would be determined in the final negotiated agreement and · '(4) negotiation~ have been completed and members of Unit 2 have agreed to give up their demands for higher wages and benefits for fiscal years 1979-80, 1980-81 and 1981-82, and accept the negotiated wages and benefits hereinafter set forth for the periOd of July 1, 1979 to June 30, 1982 and the effective dates are herein provided. . THIS MEMORANDUM OF UNDERSTANDING is the product of the above-described meet and cQnfer process. Representatives of the City have agreed to present this Memorandum to the City Council for determination and Representatives of Unit 2 have agreed to present this Memorandum to their membership for acceptance and approval. "Approved by Council Resolution No. 120-80 6dopted October 1, 1980" 1. Term. The term of this Memorandum of Understandi.ng shall be from July 1, 1979 to June 30, 1982, at which time all agreements, understandings,. provisions and conditions herein shall terminate. 2. Union Recognition. American Federation of State, County and Municipal Employees, Local 1569, AFL-CIO, (hereinafter referred to as the Union), is reco§- nized as the majority representative as provided in the City's R'esolution No. 135-79 adopted December 4, 1979, for all employees in classifications assigned to Unit 2. 3. Work Week. Permanent full-time employees assigned to classifications . in Unit No. 2, shall work the equivalent of a forty (40)' hour work week. 4. Breaks. If the workload allows, employees shall be afforded a thirty (30) minute meal break and one fifteen (15) minute break per shift. Said breaks are to be taken within the work station or its immediate proximity. 5... Work Schedule and Assignments. a) The City reserves the authority to assign work to employees in accordance with the requirements determined by the City; and to establish and change work' schedules and assignments. ~ b) Normal schedule Changes will occur twice annually in January and July. For a period beginning six (6) weeks and ending four (4) weeks preceding schedule change, dispatchers may bid for assignments indicating their first three ch.~ices. Realizing that some rotation will be required and a balance of experience is to be maintained on the shifts, .priority will be given by seniority to dispatchers~ The decision of the Supervisor is final. Schedules to be posted four (4) weeks prior to the schedule change. c) Modifications to Posted Schedules' The City reserves the authority to m~ify the assignments as necessitated by the needs a~d the service. The supervisor, in modifying the assignments, will take into consideration the seniority bid preferences of the dispatchers. · -2- o. 6. Overtime. Authorized work performed by an employee in excess of his scheduled workday or work week shall constitute overtime, except as otherwise provided herein. An employee required to perform radio-'dispatching work and court appearances in excess of his scheduled hours Of work shall be compensated for each overtime hour, or fraction thereof, so worked at the rate of one and one-half (1½) times the employee's base rate of pay. An employee required to perform other than radio-dispatching work (examples: training, meeting).shall be compensated for each overtime hour so worked at straight time. No form of.over- · time 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 in duration. Employees may, with the supervisor's approval, receive pay at the appropriate rate of each overtime hour, or accumulate compensatory time at straight time (hour for . hour) up to a maximum of forty (40) hours, in lieu of pay. for said overtime. All compensable time off must be approved by the Supervisor. 7. Overtime Distribution. a) Scheduled overtime assignments shall be made in the following fashion' 1. ThrOugh a seniority bid system, if the supervisor determines that the needs of. the Department are met; and ~.. 2. Except in emergency situations, employees seeking such assignments have a minimum of one day off per work week; and 3. The Communications Supervisor shall, as needed, assign employees to .. shifts not bid upon. b) Non-Scheduled Overtime assignments, except in emergency situations, shall be made in the following fashion' .. -1.. The Communications Supervisor shall be notified of each overtime occasion, and may elect to work such assignment(s). -3- 2e 4~ Be Ge If the supervisor elects not to work such assignments or cannot be reached, other dispatchers may volunteer for such ass. ignmenl~ utilizing a seniority bid system. Should there be no volunteers as in #2 above, the on-duty disPatcher.shall hold over one-half (½) shift.- If the on-duty dispatcher has already worked one and one-half (1½) shifts, the senior on-duty dispatcher shall contact the next' on-coming dispatcher who shall assume the assignment. - If contact cannot be made as in #4 above, the senior on,duty dispatcher shall contact individuals on the volunteer temporary dispatcher' s 1 ist. If no volunteer temporary dispatchers are available, the senior -' on-duty dispatcher shall contact the next appropriate off-duty dispatchers (as determined by scheduling). The first dispatcher contacted shall assume the assignment unl'ess a junior'dispatcher is sUbsequentlY contacted. 7. If such dispatchers cannot be contacted as in #6 above, the senior ,. on-duty dispatcher shall contact the remaining dispatchers. The first dispatcher contacted shall assume the assignment, unless a junior dispatcher is subsequently contacted. 8. If such dispatcher cannot be contacted as in #7 above, the Communications Supervisor ~shall be contacted for directions. 9.' If the Supervisor is not available, the senior on-duty dispatcher shall follow the procedure previously provided by the Communications Supervisor. . -4- 8. Salary. a) CommenCing with the pay period which includes July 1, 1979, there shall be an increase of eight percent (8%) in the base salary range of each current employee in' Unit 2. A member as of July 1, 1979, who~-thereafter.left the service of the City through a service or disability retirement, shall receive.said increase to and including the effective date of.said retirement. b) 'Commencing with the pay period which includes July 1, 1980, there · shall be an increase of eight percent (8%) in the base salary range of each current employee in 'Unit 2. A member as of July 1, 1980, who thereafter left the service of the City through a.service or disability retirement, shall receive said increase to and including the effective date of said retirement.. c) Commencing with'the pay period which includes January 1, 1981, there shall be an increase of one percent (1%) in the base salary range of each employee _k_ in Unit 2. d) Commencing with the pay period which includes July 1, 1981, there shall be an increase of seven percent (7%) in the base salary ran§e of each employee in Unit 2. e) ~ommenci.ng with the pay period which includes January 1, 1982, there shall be an increase of two percent (2%) in the base salary range of each employee. in Unit 2. f) Exhibit "A" entitled, "Salary Ranges, July 1, 1979 to June 30, I982, for Unit 2," attached ~ereto and incorporated herein, sets forth the ranges which reflects said increases. 9. Longevity. Employees of Unit 2 who do not receive compensation under the EduCational. Incentive Program, will be eligible for longevity pay in accordance --- with the following schedule' -5- Length of Service 10 to 14 years, inclusive 15 to 19 years, inclusive 20 to 24 years, inclusive 25 to 29 years, inclusive 20 to 24 years, inclusive 25 to 39 years, inclus'ive 40 years and up 10'. E~ucation Incentive Pay. LongevitY Pay/Month $ 10 15 20 20 '40 50 60 a) Beginning on June 27, 1975, City agrees to pay compensation in addition tO regular base salary as an extrinsic motivator for employees to encourage them to augment their formal education on a continuing basis. Such incentive pay shall be provided to all permanent and probationary employees who satisfy the following conditions' 1. Employment by the' City for two (2) or more consecutive years; 2. Full time, distinguished from part-time employment with the City; o. 3. Beginning July 1, 1976, each employee must successfully complete three (3) accredited units for the preceding fiscal year'(July 1-June 30) --' to remain eligible for incentive pay; provided, that failure to satisfy this requirement will reduce said incentive pay by two and one-half percent (2½%) for the year following the year in which requirement is not satisfied (in the event said reductions eliminate . incentive pay for an employee, there shall be no reduction in base salary by reason of the employee's failure to satisfy the above o requirement). -6- b) Subject to contidions described above, City agrees to provide incentive pay at the following rates' 1. Additional pay equal to two and one-half percent (2½%) of regular base salary for successful completion of sixty (60) accredited units or attainment of Associate of Arts Degree in a field related to.the employee's employment; or 2. Additional pay equal to five percent (5%) of regular base salary for successful completion of one hundred twenty.(120) . accredited units of which sixty (60) units must be of' upper division status or attainment of Bachelor of Arts Degree in a field related to the employee's employment; or 3. Additional pay equal to seven and one-half percent (7m~) of regular base salary for attainment of Bachelor of Arts Degree and successful completion of thirty-two (32) accredited graduate level units in a field related to the employee's employment. 11.' 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. 12. Holidays. - 'Authorized Holidays - (Eight Work Hours)' The following are the authorized holidays- (1) January 1 (2) Third Monday' in February (3) Last Monday in May · .(4) 4 -o (5) First Monday in September (6) Second Monday in October (New Year's Day) (Washington's Birthday) (Memorial Day) (Independence Day) (Labor Day) (Columbus Day) -7- (7) November 11 (8) Fourth Thursday in November (9) Fourth Friday in November (10.) December 24 ('four hours) (11) December 25 (12) December 21 (four hours) (13) One Discretionary Holiday* (Veterans Day) (Thanksgiving Day) (Day Following Thanksgiving) (Four hours of workday preceding Christmas) (Chr.istmas Day) (Four hours of workday preceding New Year's Day) *Each employee shall be entitled to one (I) paid holiday each calendar year, which holiday may be taken at the discretion of the employee subject to prior approval of the Supervisor. In the event an employee is unable to take said holiday off, s/he will be entitled to receive eight (8) hours of overtime at the straight time rate, but- shall not accumulate discretionary holidays. '- 13. 'Sick Leave. In prior Memoranda of Understanding, the parties provided 'for a sick leave plan commonly referred to as the "90 Day Sick Leave. Plan." The parties do not desire to continue said plan and now desires to adopt a.new Sick Leave Plan designated "Accrual Sick Leave Plan," which is described in subsections a, b, c and d of this paragraph. The Accrual Sick Leave Plan shall become effective on the 'first day of the pay period which follows Council ratification of this Memorandum of Understanding and continue in effect for the term of Said Memorandum. Wh6~' the Accrual Sick Leave Plan becomes effective, the "90 D~y Sick Leave Plan" shall terminate. a) Accrual' On the effective date of the Accrual Sick Leave Plan, permanent and probationary employees in active pay status shall accrue an initial ninet~.-six (96) hours of sick leave. Persons appointed to positions after the Accrual Sick Leave Plan effective date, and employees or former employees Who return to active pay. status after the Accrual Sick Leave Plan effective date, · -8- shall not accrue the .initial sick leave hours. Permanent, full time employees shall receive sick leave at the rate of 3.69 hours of each bi-weekly pay period of full time work up to a maximum of 1200 hours, such accural shall be prorated i~or such employees who work less than full time during a pay period. b) Usage: Sick leave is not a right or privilege to be used at the discretion of the employee, but shall be allowed only in the following circumstances: 1. When the employee suffers actual personal illness or injury which incapac.itates him/her from performance of duties and necessitates absence from work. 2. The employee's receipt of required medical or dental care or consultation which cannot be reasonably scheduled during off duty hours. 3.In emergency situations where an immediate family member (relative .. as defined below) must receive immediate medical attention due to a sudden, serious and actual §iCkheSs or disability (excluding _ '~'~. routine or scheduled doctor's appointmehts). · As used herein, '~'immediate family" is defined to be spouse, parents, child, sibling, grandparents, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law. In addition, the City Manager may grant an a. ppropriate leave in the event of the illness or disability of someone other than~ th~e persons designated if, in the City Manager's opinion, there exists an extraordinarily close relationship between employee and such person. No more than a total of forty (40) hours in any twelve (12) month period may be utilized for illness in the ~mmediate family. c) Entitlement to Use of Sick Leave: To be entitled to use of sick leave, the employee must satisfy all of the following conditions' -9- 1. The employee must notify his/her supervisor prior to the commencement of the shift for which compensated sick leave is sought, in accordance with departmental pol icy'~ 2. Each employee on sick leave (for personal disability) 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 supervisor with prior notice to the employee. The City reserves the right to take such action as it deems necessary to confirm or verify the actual illness or disability of an employee. If the employee is ill or disabled for more than thirty-nine (39) work hours, 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 sufficiently to assume light duty or has recovered fully and is able to perform regular work without any restrictions. 3. Each employee on sick leave for family emergencies shall be required. to submit a doctor's certification confirming the required ~care. provided. 4. Notwithstanding the foregoing sections, the City reserves the right to . take such action as it deems necessary to confirm or verify actual _illness or disability d) Pay Upon Separation' An employee who separates in good standing after one year. of City service will be entitled to payment at the employee's then existing salary for fifty percent (50%) of the employee's accumulated and unuSed sick leave credit, which accumulated credit, for the purpose of this provision, shall not exceed nine hundred sixty (960) hours. -10- · Compensation for accumulated sick leave credit'shall be )payable at' the time · of separation or, upon the employee's request, may .be-deferred for a period of time not to exceed three hundred sixty-five {365) days. e) Industrial Disability Leave: An employee-who has suffered .any disability arising oUt of and in the course of his employment, as defined by the .. Workers' Compensation Laws of the State of California, and who is entitled to · . - . · . . temporary disability indemnity, may elect to take as much of his/her accumulated sick leave, vaca.tion or compensable overtime, as when added to the disability' · indemnity w~ll result in a payment of not more than full salary or wage..When computing vacation,-sick leave or compensatory time under this Secti°n, the. employee '. shall' be given credit for any holidays that occur during thelperi.od of absence here- under. When an employee uses sick 'leave, vacation or compensatory time under this Section and the City. is reimbursed by the third person ~or damages, there.shall · ~ be credited to the employee's sick leave, vacation leave or compensatory time the amount ori'ginally used. If the City does not collect from the third person · the full amount of-the compensation paid and other dama. ges, and if the. amount collected is not itemized, then the amount of sick leave, compensator~ time or .o vacation leave credited shall be equal to the percentage Of the. total claim collected. "Sick leave," '.'vacation.leave" or "compensatory time," as'used t~i~' rule includes sick ieave, Compensatory time or vacation leave used to augment .. disability indemnity. 14. Funeral Leave. In the event of a death in the immediate family or relative 'of' an employee, that employee shall, upon request, be granted such · time off without loss of pay' as is necessary to make arrangements for the funeral · and to attend same, not to exceed three (3) conseCutive calendar days for an .. immediate family member or one (1) day for a relative. -11- For purposes of this pro'vision, the immediate family member shall include parent, sibling, child, spouse; and relative shall include grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in- law. In ad'dition, the City Manager may §rant the above described leave in the event of the death 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. At the request of the City, the employee shall furnish'a Death Certificate and proof of relationship. Funeral leave applies only in instances in which the employee attends the funeral, or is required to make funeral arrangements but is not applicable for other purposes, such ~as settling the estate of the deceased. 15. Maternity Leave. Shall commence upon certification from the .employee's. attending ~physician that the employee is no longer capable of performing the duties of her position. Upon the advice of her physician, the-. employee may request a temporary transfer to a less strenuous or hazardous position which she is qualified to perform and which carries the same or lower salary. Where such transfers have by practice, policy or negotiated agreement been granted i~o employees with temporary disabilities other than pregnancy, the transfer of the employee shall be accommodated. Where temporary tra.nsfe~s have. not been granted under other cirmcustances, the employee's' reques~ will be approved'only if it can be reasonably accommodated. However, nothing herein shall result in the di. splacement or transfer of other employees in permanent positions or in the performance Of unnecessary work. Where it is the opinion of the Department Head that the employee should be placed on leave sooner than prescribed by her physician due to her inability ~to effectively and safely perform the duties of her regular position or of one to which she has been, or could otherwise be, temporarily transferred, the employ, ee may be 'required to undergo examination by a second physician. The cost of this examination shall be paid by the City and shall not be ordered without prior approval of the appointing authority. The employee shall be entitled to utilize sick leave benefits on the same basis as other Unit No. 2 employees who are' temporarily disabled due to a non- industrial illness or injury. While the pregnant employee is on a paid leave status, .service credits shall continue to accrue and the City shall continue payments toward §roup insurance and retirement coverage. Upon expiration of the approved leave, the employee shall be 'reinstated to her former position, or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee being reinstated, the Department Head may require a statement from the ~ttending physician that the employee is physically capable of resuming the re§ul~r duties Of her position. An employee may, at the conclusion of her disability, request a leave of absence as provided in the City's Personnel Rules and Regulations. 16. Health and Welfare Plans. 'a) .Health Insurance' The City shall provide a fully paid health insurance plan at the current benefit level for permanent full-time employees and their eligible dependents or with the options available to the employee to select the plan known as tho'°Kaiser "S" Plan, or the Bay Pacific Health Plan (to be implemented within a reasonable time period). Open E~rollment: Employees m,ay select on a yearly basis to change health insurance carriers in accordance with the provisions of the group insurance contracts. b) Dental Plan' The self-insured program of dental care benefits o existing as of August 20, 1980, shall be continued during the term of this Memorandum of Understanding. -13- c) Vision Care Plan' The Group Vision Care Plan, dated January, 1975, -" ·designated VSP Plan B - Employee and Dependent, with a ten dollar ($I0) deductible, shall be continued during the term of this Memorandum of Understanding. · d) Life Insurance' The term life insurance coverage, including accidental death and dismemberment which has been increased to five-thousand dollars ($5,000), shall be continued during the term of this Memorandum of Understanding. e) -Long Term Disability Insurance: A long term disability insurance plan which, subject to the terms and condii~ions thereof, shall provide for payment of two-thirds (2/3) of base salary commencing on the 31st day of the period of disability and continuing for the duration of the disability, shall~be continued during the term of this Memorandum of Understanding. f) Retirement' The benefit contract in effect between the City of South San Francisco and the Public Employees' Retirement System (PERS) on behalf of eligible permanent full-time employees of this Unit 'as of August 20, 1980, shall be continued during the term of this Memorandum of Understanding. 17.' Dispatcher Representation. The~dispatchers may provide a representative to attend Policy Board Meetings (unless confidential subjects are under discussion). 18. social Security. If a majority of employees now covered by Social Security elect to withdraw from the Social Security System at a properly held election, the results of. which are recognized by the Social Security AdministratiOn, City agrees to provide the PERS "59" Survivor's Benefits." 19. InVestigation' State Disability Insurance. City agrees to meet with Local 1569, AFSCME, Unit 2, to investigate the implementation of State Disability. Insurance. In the event the Unit members elect to be covered by the SDI Program and su'ch coverage is at no additional cost to the City, the program will be _ considered for implementation. 20..Employees Covered. Provisions of this Memorandum apply only to the emPloyees represented by Unit 2 (Professional and Para-Professional ). -14- 21. Modification. This Memorandum does not modify any provision of 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. The parties contemplate execution of a master contract setting forth all effective terms and conditions of'employment, and agree to pursue development of such a master contract during the meei~ and confer process pursuant to Government Code, Section 3500 et seq. · 22. 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 1st day of Octboer , '1980. EMPLOYEES' REPRESENTATIVE o. "Approved by Council Resolution No. 120-80 adopted October l, 1980" -15- July 1, EXHIBIT "A" SALARY RANGES 1979 to June 30, For Unit No. 2 1982 Effective July 1, 1979' Classification Communications Dispatcher Range 712 Effective July 1, 1980' Classification Communications Dispatcher Range 769 Effective January 1, I981' ~ Classification Communications Dispatcher Effective July 1, 1981' Classification Communications Dispatcher Effective January 1, 1982' Classification . Communications Dispatcher Range 777 Range 831 Range 848 *Pay period which includes said date..