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
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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
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'(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.
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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-
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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).
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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
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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.
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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'
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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
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requirement).
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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)
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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
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.(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)
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(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,
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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
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'~'~. 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'
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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.
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· Compensation for accumulated sick leave credit'shall be )payable at' the time
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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
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· . . 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'
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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
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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
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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
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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
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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
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and to attend same, not to exceed three (3) conseCutive calendar days for an
..
immediate family member or one (1) day for a relative.
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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
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existing as of August 20, 1980, shall be continued during the term of this Memorandum
of Understanding.
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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 ).
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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.
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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
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"Approved by Council Resolution No. 120-80
adopted October l, 1980"
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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..