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HomeMy WebLinkAboutReso 28-1981RESOLUTION NO. 28-81 CITY COUNCIL, CITY OF.SOUTH SAN FRANCISCO, STATE OF CALIFORNIA 'A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNI'T #3, FIELD AND OFFICE EMPLOYEES, REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL..EMPLOYEES, LOCAL 1569, A~L-CIO~ JANUAR~ 1,'1981 - DECEMBER 31, 1981 BE IT RESOLVED by the City Council of the City of South San Francisco. . that the Memorandum of Understandi.ng with Unit #3,' Field and Office, represented by American Federation.of State, County and Municipal Employees, LoCal 1569, AFL-CIO, January 1, 1981 - December 31, 1981, a copy of which is attached as Exhibit "A" and incorporated herein by this reference as is set. fOrth Verbatim, is hereby accepted and approved. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to endorse on P. age I and Signature P. age of said Memorandum of Understandi.ng the fol 1 owing' "Approved by Council Resolution No. 28-81 , . adopted' March 18, , 1981'.' . _ . ,. I hereby certify that the for. egoing Resolution was regular.ly introdu'ced · and adopted by the City Council of the City of South San Francisco at a regular meeting held on the"18th day of March 1981 by the' following vote- Councilmen Ronald G..Acosta, Mark N. Addiego, Emanuele N, 'Damonte, AYES- Gus NiColopulos; and Councilwoman Roberta Ce'rri Teglia NOES: None ABSENT' None City Clerk MEMORANDUM OF UNDERSTANDING "Approved by COuncil UNIT 3 - FIELD AND OFFICE EMPLOYEES, REPRESENTED Resolution No. 28-81 BY AMERICAN FEDERATION OF STATE, COUNTY AND adopted March 18, 1981 MUNICIPAL EMPLOYEES, LOCAL 1569, AFL-CIO January 1, 1981 - December 31, 1981 THE CITY OF SOUTH SAN FRANCISCO (hereinafter, City) and Unit 3, Field and Office Employees, represented by American Federation of State, County and Municipal Employees, Local 1569, AFL-CIO, acknowledge and affirm that they lhave 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 Representatives acknowledge that (1) prior to January 1, 1981, the parties co~nenced negotiations for salary increases and benefits for calendar year 1981; (2) retroactive pay and benefits and the effective date thereof were included in Unit 3 demands, (3) Upon exp~iration of the Memorandum of Understanding effective July 1, 1979 to .. December 31, 1980, members of Unit 3 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) negotiations have been completed and the members of Unit 3 do accept the negotiated wages and benefits herein- after set forth for the period of Janaury 1, 1981 to December 31, 1981, and the effective dates as herein provided. 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 3 have agreed to present this Memorandum to their membership for acceptance and approval. EXHIBIT "A" TO RESOLUTION NO. 28-81, ADOPTED 3/18/81 -1- Section 1- RECOGNITION _ Union Recogni.tion: American Federation of State,-County and ~lunicipal · Employees, Local 1569, AFL-CIO, (hereinafter referred to as the UDion), is reco§nized as the majority representative as provided in the City's Resolution No. 135-79 adopted December 4, 1979, for all employees in classifications assi§ned to Unit 3. Section 2 - UNION SECURITY 2.1 Dues Deduction- The Union may have the re§ular dues 'of its members within the representation union deducted from employees' pay checks under procedures prescribed by the City Finance Director for such deductions. Dues deducted shall be made only upon signed authorization from the employee upon a form approved by the City, and shall continue (1) until such author- izatio~ ~s revoked, in writing, by the employee; or (2) until the transfer of the employee to a unit represented by another or§anization. Employees may authorize dueS deducted only for the or§anization certified as the reco§nized employee organization o~ the unit to which such empl~oyees are assigned. The Union, and the employees so authorizing, shall hold the City of South San Francisco and its officers and employees, includi'ng but not limited to the City Finance Director, harmless for following the instructions contained in such dues deduction authorizations. The City shall deliver revocations of membership to the Union on a bi-weekly basis and include ' verification that receipt was by registered mail. The City Finance Director shall accept authorization for dues-deducted ten (10} working days prior to the close of a pay period. -2- 2.2 Communications with Employees- The Union shall be provided reason- .. able space on bulletin boards at such work site for posting notices concerning official union business. All such notices must receive prior approval from the Department or Division Head before posting. '~ 2.3 Advance Notice:_ Except as provided below in this subsection, the Union shall be given reasonable advance written notice of any ordinance, .. resolution, rule or regolation directly relating to matters within the scope . of representation propoSed to be adopted by the City and shall be given the opportunity to meet with'' the appropriate management representatives prior to adoption. If public safety, welfare or an emergency requires any of the said acts by the City without such notice, the City may take such actionand concurrently therewith give no.t_~i_ce_ thereof, which affords the Union a reasonable time there- · . ._...after .within which to meet with management representatives. ~.~ . Section 3- MANAGEMENT RIGHTS · To insure that the City is able to carry out its constitutional and statutory functions and responsibilities, nothing contained herein shall be construed to require the City to meet and confer on matters which are solely a function of management, including but not limited' to the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job Classifications; to hire, transfer, promote, suspend, discipline and discahrge employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to subcontract any work or operations; to determine and change methods of operations; to determine. -3- t' and change work locations and the processes and materials to be employed; to take all 'necessary actions to perform its functions in emergencies. 3.1 Mediation- City and Union, on June 26, 1972, entered into a . Memorandum of Understanding which was approved by the City Council on June 28, 1972, which Resolution No. 5878, a copy of which Resolution and Memorandum of Understanding are attached as Exhibit "A." City and Union agree that the matters therein provided for mediation shall be submitted to mediation within a reasonable time. Section 4- NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin', sex, sexual perference, marital status, ancestry or ligitimate union activi.ties, as defined by Myers-Milias-Brown Act, against · any employee or applicant, for employment by the Union or by the City or by . anyone employed by the City; and to the extent prohibited by applicable state and federal law, there shall be no discrimination because of age. · There shall be no discrimination against any handicapped person, sol'ely because of such handicap unless that handicap prevents the person from meeting the minimum standards established. Section 5- UNION STEWARDS AND OFFICIAL REPRESENTATIVES 5.1 Stewards- The Union shall be entitled to a reasonable number of stewards who Shall restrict their activities to the processing of grievances and shall be allowed a reasonable amount of time for'this purpose. The Union shall notify the City Manager, in writing, of the names of the Stewards. Stewards shall obtain permission from their Supervisor before leaving -4- their work stations to resolve grievances and shall report back to their Superiior' before returning to their work stations. This provision shall · not be" used to prevent the Stewards from their duties or obligations set forth in this Section; provided, however, that the use of time for this purpose shall be reasonable and shall not interfere with' the reqOirements' of the City's services, as determined by the City. · In the event the City determines that "Stewards" are abusing the provisions of this Section, the Union agrees to meet with-the City immediately to investigate the. City's complaint and to assure full compliance by Stewards with the provisions of this Subsection. Whenever an employee is requi'red 'to meet with a Supervisor or Management Official and the employee reasonably anticipates that such meeting i.~ill involve questioning leading to disciplinary action, the employee shall be ~nt~l~ed to have a Steward and/or Union Representative present upon request. -- In the event the employee desires the presence of a Union Representative, the City Will contact the Repres.entative to arrange a mutually acceptable time and day to hold the. meeting. Once scheduled, the City shall not be required to reschedule the meeting for the convenience of the Union l~epre- senta ti ye. 5,2 .Representative of the Union: The Union shall provide the City with a written list (not to exceed five individuals) of their authorized representatives and any changes thereto, An authorized' representative ' of the Union shall be allowed to visit the work location for the purpose of ascertaining whether or not this Memorandum of Understanding is being observed. This right shall be exercised reasonably, An authorized repre' sentative of .the Union shall report to the Department/Division Head before o -5- proceeding to the work location. He shall not interfere with the normal conduct of work. Activities such as the sOliciting of membership, collection of dues, holding membership meetings, campaigning for office, conducting elections and distributing literature is strictly prohibited during working hours without prior approval of the City Manager. 5.3 Access to Personnel Files: An employee or, on presentation of written authorization from the employee, an employee's representative shall have excess to the employee's personnel file upon request. Section 6 - SALARY PLAN. ~ 6.1 Increases.During The Term Of This Memorandum Of Understanding: a) Beginning with the pay period which includes January 1, 1981, there shall be an increase of ten percent (10%) in the base salary range of each classification in Unit 3. A member as of January 1, 1981, who thereafter l~ft the service of the City through a service or disability retirement, shall receive said increase to and including the effective date of said retirement. 6.2 Salary Plan Administration: Employees occupying a position in a classification covered by this Memorandum of Understanding shall be paid a base salary within the range established for that position's classification. Exhibit "B" entitled "Salary Ranges Effective January 1, 1981 to December 31, 1981," attached hereto and incorporated herein, sets forth the ranges and bi-weekly salary which reflects said increases but if there is a variance between Exhibit "B" and the City of South San Francisco Master Salary- Standard Bi-Weekly Table 1981, then the latter shall prevail. -6- 6.3 Salary Plan Administration, Original Appointment: The salary for a new employee entering City employment shall be the minimum or first salary step for the classification to which the employee is appointed, provided, however, that the City Manager may, when circumstances so warrant, appoint at other than the first step. Whenever an employee(s) is recruited for a position at other than the first step within a range, all members in the same position in steps below the recruitment step shall be raised to the step at which the new employee(S) was recrui ted. 6.4 Salary Plan Administration, Advancement Within Salary Range: Employees appointed at the first step ("A") shall be eligible for advancement to the second step ("B") of the specific salary range six (6) months after original appointment, provided that the employee's pe~r.-fo~rmance merits the increase. Advancement to the remaining steps may be made after one (1) year of satisfactory service at each successive salary step,~ provided that the employee's performance merits the increase. Changes in an employee's salary because of promotion or demotion may set a revised salary anniversary date for that employee. Whenever the schedule of compensation for a classification is revised, each incumbent in a position to which the revised schedule applies, shall be paid at the same step in the revised range as the step at which the employee was paid in the previous range. 6.5 Salary Plan Administration, Salary Step After Promotion Or Demotion: When employees are promoted, they sh~ll recieve not less than the equivalent of a one-step, five percent (5%),salary increase. When an employee is demoted, whether such demotion is voluntary or otherwise, the employee's compensation shall be adjusted to the salary -7- prescribed for the classification to which the employee is demoted and unless otherwise provided, the specific rate of pay within the range shall be determined by the City Manager; provided, however, that an employee demoted as a result of abolition of position shall be placed at the salary step in the lower classification which most closely approximates, but does not exceed, the employee's salary in the higher classification. If an. employee takes a voluntary demotion to a classification previously held from a classification within the same series, the employee shall be placed a step commensurate with length of service in both classifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification which the employee held last, and the service time at such step shall be the same as the service time held previously at such step. 6.6 Temporary Upgrading: Like Work For Like Pay: An employee assigned by the City to the duties of a first-line supervisor or above, shall be paid the salary of the position s/he performs commencing with the first day of said assignment. First-line supervisory employees and above assigned to duties of a higher classification shall not be paid the salary of the higher classification unless they serve in the ~apacity for thirty (30) consecutive calendar days or more, in which event they shall receive the pay of the higher classification commencing with the first day of said thirty-day service. 6.7 Salary Plan, Pay Periods: Employees shal~ be paid bi-weekly, unless mutually agreed by the City and Union. -8- 6.8 Longevity Pay Plan' Permanent full-time employees shall be el igibl e for 1 on§evi ty pay i n accordance wi th the fol lowing schedule' Len.qth of Continuous 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 Longevity Pay/Monthly $10 $15 $2O $3O $4O $50 $6O 6.9 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. SeCtion 7 - PROBATION PERIODS 7.1 Duration- All original and promotional appointments shall be tentative and subject to a probationary period of not less than twelve (12) months of actual service from the date of probationary appointment or promotion. An employee who is laid off and subsequently appointed as a result of certification from an employment eligible list to a position of a different classification than that from which laid off, shall undergo the probationary period prescribed for the classification to which appointed. Former probationary employees appointed from a reinstatement or re-employment list must serve the remainder of their probationary period in order to attain permanent status. -9- Employees who transfer to another division shall be required to undergo a new probationary period in the position into which transferred. If unsuccessful in the new probationary period, the voluntarily transferred employee may be terminated from City service. Employees transferred non- voluntarily shall be reinstated to their former position if unsuccessful in their new probationary period. 7.2 Rejection- The appointing authority may terminate a probationary employee at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in Section 18 (Grievances) hereof, unless the employee alleges that the termination was due to discrimination prohibited by City, State or Federal Statues or Regulations. If such discrimination is alleged, the appeal or grievance shall be decided solely on the basis of whether or not the termination was due. to discrimination; and unless it is determined that there was discrimin- ation, the person or Persons hearing the appeal or grievance shall not constitute their judgment for that of the appointing authority. 7.3 Promotional PrObation: An employee who has previously completed the requisite probationary period and who is rejected because of a subsequent probationary period for a promotional appOintment, shall be reinstated to the former position from which the employee was promoted, provided that this Sub- section shall not be construed so as to prohibit the City from discharging any employee during a subsequent promotional probationary period for those reasons and causes set forth in Section 17 of this Memorandum of Understanding. Section 8 - TRANSFER, PROMOTION 8.1 Transfer- An employee may be tranSferred by the City Manager from one position to another position in the same or comparable classification carrying essentially the same maximum salary 'and which the employee is qual i lied to perform. 8.2 Promotion- The City shall endeavor to fill vacancies by promotion when in the best interest of the service. In the event the City Manager determines to fill a vacancy by promotion, the Personnel Board prepares and administers an examination for those employees who meet the minimum qualifications. The names of the successful candidates shall be recorded in the order of their standing in the examination on an employment list. Closed promotional appointments shall be made from the first four (4) candidates (which number may be unilaterally changed by the City Council Resolution) on the employment list who are ready, willing and able to accept the position offered. 8.3 Employment Lists' Promotional lists shall become effective upon approval thereof by the Personnel Board. Employment lists shall remain in effect for one (1) year, unless sooner exhausted and may be extended, prior to their expiration dates, by action of the Personnel Board for additional three (3) month periods but in no event shall the list be extended for more than one additional year. If an appointment is to be made from an open-competitive list, the names of all persons on the list shall be certified. The name of any person on an employment list may be removed by the City Manager if the eligible person requests, in writing, that his/her name be removed; if the employee fails to respond to a written offer of -11- employment six (6) business days from mailing; if a subsequent report of an investigation is unsatisfactory; or if the person has been passed over for appointment three (3) times. A candidate who rejects an offer of employment shall be removed from the employment list. 8.4 Time Off For Examination: Promotional examinations scheduled by the City during an employee's regular working hours may be taken with- out loss of compensation. Section 9 - REDUCTION IN FORCE/LAYOFFS AND REEMPLOYMENT 9.1 Council Determination' Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the City Council may abolish any position or employment in the competitive se-~vice and lay off, reassign, demote, or transfer an employee holding such position or employment and same shall not be deemed a disclipinary act or act requiring written charges. The appointing authority may like- wise lay off an employee in the competitive service because of material change in duties or organization or shortage of work or funds. 9.2 Seniority' Seniority, for the purpose of layoff, is defined as length of continuous full-time employment within the service of the City, except for service on a provisional and temporary status. Seniority shall be retained, but shall not accrue during any period of leave without pay, except for authorized military leave granted pursuant .to California State Military 'and Veterans' Code. -12- 9.3 ,Order Of Layoff- When one or more employees performing in the same class in a City department are to be laid off, (provisionals and temporaries therein, having already been terminated), the order of layoff in .the affected department shall be as follows- a) Probationary employees in inverse order of seniority b) Permanent employees in inverse order of seniority Should two or more employees have identical City service seniority, the order of layoff will be determined by classification seniority. When-, ever two or more employees have identical classification seniority, the order of layoff shall be determined by a mutually agreeable random selection process. 9.4 Notice Of Layoff- Employees shall be forwarded written notice, including reasons therefor, by Certified Registered Mail, Return .Receipt Re_.q. uested or Personally Served, a minumum of ten (10) working days prior to the effective date of lay off. An employee receiving said notice may respond, in writing, to the City Manager. The employee's representative shall receive concurrent notice, and upon request, shall be afforded an .opportunity to meet with the City to discuss the circumstances requiring the layoff and any proposed alternatives which do not include the con- sideration of the merits, necessity or organization of any service or activity. The provisions of Section 9.5 must be requested by the employee, in writing, five (5) working days prior to the effective date of layoff. 9.5 Reassignment In Lieu Of Layoff: a) Vacant Position In City' In the event of layoff, the employee will be allowed to transfer to a vacant position which the City intends to fill in the same classification in any City department. -13- b) Former Classification- In the event there are no vacant positions in the same classification in any department, an employee will be offered a vacant position in any classification at the same or lower salary level in which permanent status had formerly, been held, first inthe affected depart- ment and then city-wide. c) Displacement' In the event there are no vacancies as listed in a) or b), 'the employee shall have the opportunity, upon request, to be assigned to any classification in the department at the same or lower salary level in which s/he meets the minimum qualifications and a r~egular layoff procedure in the same or lower salary level shall apply. d) Employees transferred, reassigned 'or demoted under this Section will be ass.igned to a step in the new classification salary range closest, but not exceeding, the employee's salary at the time of reclassification. --9.6 Layoffs' a) In the event that an employee is not reassigned in lieu of layoff as in Section 9.5, the employee shall be laid off. If an employee elects not to exercise the rights of Section 9.5, s/he may be deemed to have been offered and to have declined such work. b) Laid off employees are to be paid' for accrued vaCation and sick leave in accordance with Section 14.1 (g) when separated as a result of a lay off. 9.7 Layoff Re-Employment/Reinstatement Lists: a) Probationary and permanent employees who are reclassified and/or demoted as a result of a reduction in force, shall have their names placed on a classification reinstatement list, in order of their seniority. Vacant positions within the classification Shall first be offered to employees on this list. -14- b) Employees who are laid off, shall have their names placed on a re-employment list of classifications which, (n the opinion of the'Personnel Officer, requires basically the same qualifications and duties and respon- sibilities as those in the classification from which the layoff occurred, in order of seniority. Vacant positions in such Classifications shall be' offered to eligibles on the re-employment list who qualify for such vacancies prior to an open or promotional recruitment. c) No name shall be carried on a reinstatement or re-employment list for a period longer than two (2) years.' Refusal ~to accept the first offer of reinstatement or re-employment within the same classification shall cause the name to be dropped from the list. Individuals not respondi.ng to written notification, by Certified Registered Mail, Return Receipt Requested, forwarded to their last given address, of an opening within ten (10) worki.ng days from mailing shall have their names removed from either a reinstatement _~. or re-employment list. Individuals who do not meet current employment standards (i.e., medical, licenses, etc.), shall have their names removed from either a reinstatement or re-employment list. d) Probationary employees appointed from a reinstatement or re-employ- ment list must serve the remainder of their 'probationary period in order to attain permanent status. Section 10 - RESIGNATION AND REINSTATEMENT 10.1 Resignation: An employee desiring to leave the City in good standing shall submit a letter of resignation to his immediate supervisor no later than two (2) weeks in advance of the effective date of separation; complete an exit interview; and receive a satisfactory final evaluation. 10.2 Reinstatement: A permanent employee who has resigned in good standing may be reinstated within two (2) years of the effective date of -15- resignation. Such reinstatement may be to a vacant position in the employee's . former classification or to one in a comparable classification which does not carry a significantly higher rate of pay and which the employee is qualified to perform. Reinstatement shall be made at the salary step approved by the City Manager. The reinstated employee will serve the designated probationary period for that classification prior to becoming a permanent employee regardless of the salary state at which the employee is reinstated. Section 11 - HOURS OF WORK, OVERTIME 11.1 Workday: Eight consecutive hours of work shall constitute a regular work shift except that they may be interrupted by a lunch break. All employees shall be scheduled to work on a regular work shift; and each work shift shall have a regular starting and quitting time. ,-. 11.2 Workweek: The workweek shall consist of five (5) consecutive eight (8) hour days. 11.3 Work Schedule: Work schedules showing the employees' shifts, workdays and hours, shall be posted on the employee bulletin 6oards at all times. Except for situations where the City determines an emergency exists, changes in work schedules shall not be made until the employee and his or her representative have been given reasonable opportunity to discuss said changes with the appropriate management representative. 11.4 Flex Time: Office and clerical workers may arrange for flexible hours of commencement and ending of a day's work, said times to be arranged with the respective Department Head so as not to interfere with the duties of the respective offices, with the understanding that the workday shall con- sist of eight (8) working hours. -16- · · 11 5' 'AdjuStment ~ Of' WOrki ng 'Hours ' FOr'Offi ce 'And C1 eri cal ·Workers- The base salary of those individual~ employees whose workweek as of July 8, 1975 consisted of thirty seven and one-half (37½) workin§ hours per week, shall be adjusted by adding thereto two percent (2%) of said base salary. This subpar, agraph restates'the provisions contained in the Memorandum of Understanding dated the 8th day of July, 1975, approved by Resolution No. 95-75, adopted by the City Council on-the 8th day of July, 1975, and the restatement herein does not modify the meaning or application thereof. 11~.6' Overtime: Authorized 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 ~·Wo~ked 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 beginni.ng of a shift or followi·ng completion of a shift is less than twelve (12) minutes duration. Employees may, at their option, receive pay for such overtime hours or may accumulate compensatory time at the rate of time and one-half (1½) up to an equivalent maximum of forty (40) hours in lieu of pay for said overtime; take the overtime as compensable time off provided, however, anyone wishi.ng to exercise this option must give five (5) dayS' notice of the desire for such time off and the time off must be taken under such conditions as will not interfere with the minumum manning and continued function of their particular department or operation. -17- 11.7 'Call Back- An employee recalled to work outside of and not continuous with regularly scheduled hours, shall be paid a minimum of two (2) hours at the rate of one and one-half (1½) times the employee's base rate of pay. Call-back time commences when the employee reports to work and ends when the employee is released from the work assigned. Section 12' 'HOLIDAYS 12'1 AuthOrized Holidays- The followi.ng are the authorized holidays- (1) January 1 (2) Third Monday in February (3) Last Monday in May (4) July 4 (5) First Monday in September. (6) Second Monday in October (7) November 11 (8) Fourth Thursday in November (9) Fourth Friday in November (10) December 24 (four hours) (11) December 25 (12) December 31 (four hours) · (13) One Discretionary Holiday* (New Year's Day) (Washington's Birthday) (Memorial Day) (Independence Day) (Labor Day) (Columbus Day) (Veterans Day) (Thanksgivi~ng Day) (Day following Thanksgiving) (Four hours of workday preceding' Christmas) (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 for taking said discretionary holiday but shall not accumulate discretionary holidays nor be compensated in the event the discretionary holiday is not taken. -18- Where any of the aforementioned holidayS fall on a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday, shall be observed on the preceding Friday. 12.2 Holiday'Pay: Regular full-time employees, except for personnel assigned to continuous operations, shall be entitled to observe all author- ized 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. Employees assigned to continuous operations, who by nature of their assignment are unable to observe City holidays, shall be compensated for authorized holidays as follows: Straight time for the holiday and straight time for the hours worked. Personnel scheduled to work on a City holiday, -- ~ bUt who are unable to do so due to a job related injury, shall remain eligible for payment in accordance with this provision as long as he is not receiving compensation from other sources. An employee unable to work a holiday due to illness or to an injury unrelated to the job, shall also be compensated for the holiday pursuant to this provision provided that he submit to the Department Head a doctor's certificate verifying the i 11 ness or injury. 12.3 Work Performed On A Holiday: Except for employees assigned to continuous operations, any regular full-time employee who is required to work on any authorized holiday shall, in addition to receiving regular pay for such holiday, be paid at the overtime rate. -19- Section 13 - VACATION LEAVE 13.1 Vacation Leave: Regular full-time employees shall accrue vacation leave as fol lows: Length otr Continuous Service First full four years After 4th year After 14th year After 24th' year Vacation Hours Accrued Annual Bi -Weekly Equi val ent 3.08 10 Days 4.62 15 Days 6.16 20 Days 7.69 25 Days 13.2 Deferral- An employee may, with the approval of the Department Head and City Manager, defer one (1) workweek of his vacation leave to the succeeding calendar year. The employee shall file written request to defer with the Department Head. If the requirements of the service are such that an employee cannot take all of his' vacation to which he is entitled in a calendar year, he may defer, with the approval of the Department Head, the. unused portion to the following year, provided that no more than thirty (30) working days of vacation can be accumulated. Deferred vacation which is not taken duri.ng the calendar year immediately following the calendar year in which the vacation leave was deferred, shall be compensated for. 13.3 Scheduling' The times during the year at which an employee shall take vacation, shall be determined by the Department Head with'due regard for the wishes of the employee and particular regard for the needs of the service. Vacations shall be taken in increments of one week unless otherwise 'approved by the Department Head. 13.4 Pay Upon Termination' Employees separating from the City service, shall be paid at their current hoUrly salary rate for all unused acCrued vacation hours. No such payment shall be made for vacation hours accumulated contrary to the provisions of these Sections. -20- Section 14 - LEAVE PROVISIONS 14.1 Sick Leave: The Accrual Sick Leave Plan shall become effective for all members of Unit 3, on the first day of the pay period which follows Council ratification of this Memorandum of Understanding and continues in effect for the term of said Memorandum. When the Accrual Sick Leave Plan becomes, effective, the "90-Day Sick Leave Plan" - shall terminate. a) Accrual: 1. Permanent full-time employees shall accrue sick leave at the rate of 3.69 hours for .each bi-weekly pay period of full-time work up to a maximum of 1200 hours. Such accrual shall be pro-rated for such employees who work less than full-time during a pay period. 2. On the effective date of the Accrual Sick Leave Plan, permanent full-time emPloyees, in active pay status, shall accrue an initial ' forty (40) hours of sick leave. Persons appointed, to positions after the Accrual Sick Leave Plan's effective date, and employees or former employees who return to active pay status after said date, shall not accrue the initial sick leave hours. In addition, sick leave hours accumulated prior to December 23, 1976, will be unfrozen and available for use. Employees who exceed the maximum accumulation amount due to the above, shall be entitled to be compensated for initial difference in hours. 3. In order to ease the effects of transition from the "90-Day Sick Leave Plan" to the "Accrual Sick Leave Plan," the below listed rules shall apply. Commencing on the effective date of the "Accrual Sick Leave Plan," and continuing for twelve (12) consecutive months thereafter, an employee may, on a one-time basis, use sick leave in the following manner: -21- a) All sick leave accrued since the effective date of the "Accrual Sick Leave Plan" shall be used first. For this purpose, accrued sick leave shall include the forty (40) hour initial accrual and any other sick leave hours accrued, in accordance with Subsection 13.a)1 of this Section. b) The amount of sick leave "accrued" in Subsection (a) does not include sick leave hours accumulated prior to December 23, 1976. c) After using the sick leave referred to in Subsection (a), an . employee will then be entitled to use an additional amount of sick leave, not to exceed forty (40) hours, which will not be charged against accumulated sick leave. d) All sick leave used thereafter will be charged .against accrued sick leave,'including the amount accured prior to December 23, 1976. At the conclusion of the twelve (12) month period, all sick leave hours used will be charged against the employee's cumulative balance. b) Usage: Sick leave is not a ~ight 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 incapacitates 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 sickness or disability (excluding routine or scheduled doctor's appointments). -22- As used herein, "immediate family" is defined to. be spouse, parents, child, sibli.ng,, grandparents, mother-in-law, father-in-law, dauthter-in-law, son-in-law, brother-in-law, sister-in-law. In addition, the City Manager may grant an appropriate leave in the event of the illness or disability of someone other than those persons dei.sgnated if, in the City Manager's opinion, there exists an extraordinarily close relationship between employee and such person. No more than a total of thirty-two (32) hours in any twelve (12) month period may be utilized for illness in the immediate 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' 1. The employee must notify his/her supervisor, prior to the commence- ment of the shift for which compensated sick leave 'is sought, in accordance with departmental policy. ~,-]-~ 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 i~f requested by a supervisor with prior notice to the employee. It is the employee's responsibility, if requested by a supervisor, to provide medical reports on a scheduled basis and/or to keep the supervisor apprised of his/her whereabouts at all times duri.ng the working day. 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. -23- 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 for. egoi.ng Sections, the City reserves the right to take such action as it deems necessary to confirm or verify actual illness or disability. ~ d) PaylUpon'Separation: An employee who separates in good standing after three (3) years 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. 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. 14.2 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, vacation, or compensable overtime as when added to the disability indemnity will result in a payment of not more than full salary or wage. When computing vacation, sick leave, or compen- satory time under this Section, the employee shall be given credit for any holidays that occur during the period of absence hereunder. When an employee uses sick leave, vacation, or compensatory time under this Section and the City is reimbursed by the third person for damages, there shall be credited to the employee's sick leave, vacation leave, or compensatory time the full amount of the compensation paid and other damages, -24- and if the amount collected is not itemized, then the amount of sick leave, compensatory time, or vacation leave 'credited shal'l be equal to the percentage of the total claim collected. "Sick leave," "vacation leave" or "compensatory - time'! as used in thiS rule, includes sick leave, compensatory time or vacation leave used to augment disability indemnity. 14.3 Funeral Leave- In the event of a death in the immediate family, 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) workdays per occurrence within the State of California, or five (5) workdays per occurrence outside the State of California. For the purposes of this provision, the immediate family member shall include parent, sibling, child, spouse, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law. In add-~t~on, the City Manager may grant 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. 14.4 Leaves'of Absence: The City Council may grant an employee in a permanent position a leave of absence without pay or benefits not to exceed one (1) year. The City Manager may grant an employee in a permanent position a leave of absence without pay or benefits not to exceed thirty (30) calendar days. A request for leave and the reasons therefor shall be submitted in -25- writing and must be approved by both the Department Head and the City Manager. . . Upon expiration of the approved leave, the employee shall be reinsta~ted to his former position without loss of service credits or benefits (subject to terms of policies) accrued prior to said leave. Failure on the part of an employee to return to work on the date scheduled, shall be cause for discharge. 14,5 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 advise 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 to employees with temporary disabilities other than pregnancy, the transfer of the employee shall be accommodated. Where temporary transfers have not been granted under other circumstances, the employee's request will be approved only if it can be reasonably accommodated. However, nothing herein shall result in the displacement 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 . employee 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. 3 employees who are temporarily disabled due -26- to a non-industrial illness or injury. When the pregnant employee is on · , a paid leave status, service credits shall continue to'accrue and the City shall continue payments toward group 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 duri.ng the period of leave and the employee would otherwise not have been laid off. Prior to the employee's being reinstated, the Department Head may require a statement from the attendi.ng physician that the employee is physically capable of resuming the r. egular 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 Regulabions. 14.6 Military Leave: Military leave shall be granted in accordance , with the provisions of applicable California State and Federal Law. All employees legally entitled to military leave shall provide the Department Head an opportunity, within the limits of the military orders or r. egulations, to determine when such leave shall be taken. Department Heads may modify the employee's work schedule to accommodate the requirements applying to the 1 eave. Section 15 - HEALTH'AND'WEL'FARE'PLANS 15.1 Health'Insurance: The City shall provide a fully paid health insurance plan at the current benefit level for permanent full-time employees and their elligible dependents with the options a~ailable to the employee to select the plan known as the Kaiser "S" Plan, or the Bay Pacific Health Plan. Open Enrollment: Employees may select on a yearly basis to change health insurance carriers' in accordance with the provisions of the group insurance contracts. 15.2 Dental Plan: The self-insured program of dental care beneffts existing as of August 17, 1977, shall be continued during the term of this Memorandum of Understanding. -27- 15.3 Vision Care Plan- The Group Vision Care Plan, dated January, 1975, desi~nated'VSP Plan B - Employee and Dependent, with a ten dollar ($10) deductible, shall be continued during the term of this Memorandum of Under- standin§. 15.4~ Life"Insurance- The term life insurance coverage, including accidental death and dismemberment which has been increased to seven-thousand five-hundred dollars ($7.'500), shall be continued during, the term of this Memorandum of Understanding. 15.5 Long Term Disability Insurance- A long term disability insurance plan which, subject to the terms and conditions thereof, after a thirty (30) calendar day elimination period, shall provide for payment of two-thirds (2/3) of base salary duri.ng disability and shall be continued duri.ng the term of this Memorandum of Understandi.ng. ~°~'~ ~" 15.6 Retirement' The benefit contract in effect between the City of South San Francisco and the Public Employee's Retirement System (PERS) in behalf of eligible permanent full-time employees of this Unit as of August 17, 1977, shall be continued dur!n§ the term of this Memorandum of Understanding. 15.7 Retiree Health Plan' City agrees to provide employees retiring with a service retirement through PERS with the same or as near equal health coverage as possible provided for active employees (employees only - not family members) on the following basis- If the employee retires at age 65 and has been employed by the City for ten (10) years, s/he is eligible for employer payment of the aforementioned health insurance for the rest of his/her life. -28- If said employee retires under the age of 65, s/he must have, in addition to the ten (10) years, accumulated one (1) additional year for each year under the .age of 65. Employees may, at their sole option and expense, obtain said health coverage for their dependent(s) in accordance with the terms and conditions of the policy(s). Section 16- SAFETY 16.1 ObservanCe Of Safety'Rules and'Regulations: Both the City and the Union shall expend every effort to ensure that work is performed with a maximum degree of safety, consistent with the requirements to conduct efficient operations. Each employee covered by this Memorandum .agrees to comply with all safety rules and regulations in effect and any subsequent rules and · regulations that may be adopted. Employees further agree that they will report all accidents and safety hazards to the appropriate manage- ment official immediately. Any employee having knowledge of or who is a witness to an accident shall, if requested,, give full and truthful testimony as to same. 16.2 Safety Program: The City has established a safety program and representatives of this Unit shall serve on the Safety Committee. 16.3 safety Equipment: The City shall continue to supply employees with safety equipment required by the City and/or CAL-OSHA. All employees shall use City supplied safety equipment only for the purposes and uses specified under applicable safety rules and regulations. -29- Section 17 - DISCIPLINE 17.1' 'ACtiOn'By'City- The City may discharge, suspend, demote or reduce in salary, any permanent emplOYee for reasons includi.ng but not limited to, dishonesty, insubordination, incompetence, willful negl.igence, failure to perform work as required or failure to comply with' or violation of the City's rules r. egardi.ng safety, conduct and operations, chronic absenteeism, misstatement of fact on an application or other personnel document, falsification of records, unfitness for duty and absence without authorized leave. Any discharged, suspended or..demoted employee, or an employee whose salary has been redu'ced for disciplinary reasons, shall be furnished by reasons for such action in writing. In the event an employee feels that the discharge, suspension, demotion or salary reduction is unjust, s/he shall have the right to appeal the case through the grievance procedure within five (5) working days from the date of the actual disciplinary action. 17.2 Notice Of DisciPlinarY'Action- The City shall provide the affected employee with written notice prior to taking disciplinary action, except where circumstances dictate the City taking immediate action to remove the employee from the work place. In such cases, written notice, as set forth below, shall be provided the employee within two (2) working days of the action. In all cases, written notice of disciplinary action'shall be served on the emplOyee personally or by registered mail, return receipt, with a copy of the notice to be placed in the employee's personnel file. The written notice shall contain the following information' a. The type of disciplinary action. b. The effective date of the action. c. The reason or cause for the action. -30- d. That the employee shall be furnished copies of all materials upon which the action is based. e. That the employee has the right to respond, either orally or in writing, to the authority initially imposing the discipline. Except in instances where disciplinary action must be imposed immediately, the notice shall be provided the employee no later than five (5) working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action will not become final until the afore- mentioned notice has been furnish'ed the employee and the employee has been provided no less than five (5) worki.ng days from the receipt of the notice to respond to the authority initially imposing the discipline. Once the proposed disciplinary action has been imposed, the affected em,ployee shall have the right of appeal. Such appeals shall be filed directly -. at the third step of the grievance procedure set forth in Section 18 of this Memorandum. Probationary employees may be discharged for any reasons which, in the sole opinion of the City, is just and sufficient. Such discharge shall not be subject to the grievance procedure, except under the conditions specified in Section 7.2 of this Memorandum of 'Understanding. Section 18 - GRIEVANCE PROCEDURE 18.1 Definition Of Grievance- A grievance shall be defined as any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding during its term, excluding all ordinances, resolutions, rules and regulations, the contents of which are not specifically covered by the provisions of this Memorandum of Understanding. Such excluded ordinances, resolutions, rules and regulations shall not be subject to a grievance procedure. -31- 18.2 Steps In Grievance Procedure- · Step I - An employee who has a grievance shall bri.ng it to the attention of his immediate Supervisor/Division Head within five (5) working days of the occurrence of the act which is the basis for the dispute. If the employee and the immediate Supervisor/Division Head are unable to resolve the grievance at this step within five (5) working days of the date the grievance is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance which shall contain the following information- a. The name of the grievant; b. The grievant's department and specific work site; c. The name of the grievant's immediate supervisor; d. A statement of the nature of the grievance including date and place of occurrence; e. The specific provision, policy or procedure alleged to have been violated; f. The remedies sought by the grievant; g. The name of the individual or organization, if any, designated by the. grievant to represent him in the processing of the grievance. However, in no event shall an employee organization other than the one which formally represents the position occupied by the grievant be designated as the grievant's rep- resentative. Step 2 - An employee dissatisfied with the decision of the immediate supervisor in Step 1, may submit the grievance in the manner provided above to his Department Head within seven (7) working days from the date of the immediate Supervisor's decision. The Department Head shall respond to the grievance in writing within seven(7) working days from the date of its receipt. -32- Step 3 - If the employee is dissatisfied with the decision.of the Deparement Head in Step 2, he may submit the grievance to the City Manager within ten (10) working days from receipt of the Department Head's response. The City Manager, or his designated representative, shall respond to the grievance in writing within ten [10) worki.ng days of its receipt. Within this period, the City Manager, at his discretion, may conduct an informal hearing involving the parties to the dispute. Step 4 - If the employee is dissatisfied with the decision of the City .. Manager, he may submit the grievance to the Personnel Board. Notice of appeal must be filed in writing by the employee with the City Manager's Office within fifteen (15) working days of receipt of the Manager's- decision. The City Manager shall provide written notice of the appeal to each Board Member, to the Department Head and, where applicable the employee org~n(zation involved and to such other parties as he may deem appropriate. .. To the extent feasible, the Board shall hear the grievance at its next regular meeti.ng followi.ng receipt of the appeal, but in no event later than the second r. egular meeting after the grievance is submitted to it. In cases involving discharge or suspensions in-excess of one day, the Personnel Board shall conduct a heari.ng on the matter within fifteen (15) working days from the date the appeal is fi'led. The City Manager's Office shall provide advance written notice of the hearing date to all parties involved. All Board hearings on grievance matters shall be conducted in an expeditious manner and need not be conducted accordi.ng to technical rules relati~ng to evidence and witnesses. The Chairperson shall retain final authority to rule on procedural matters or on other points which -33- affect 1;he length and conduci; of the heari.ng. The Personnel Board shall render its decision in writing within fifteen (15') working days following the'close of hearings and shall furnish copies of such decision to all parties involved. The majority findings of the Board shall: be b.i~aing~ ~xc'e~)t..in'in'stanc~s*:wh'e~.e~'th~y entail capital expenditures or significant, unbudgeted expenditures. In those cases, the ruling shall be submitted to the City CoUncil for action which may include modification or reversal' 18.3: The City's Personnel Board shall not enterta'in, nor hear, · . nor decide or make recommendations on any dispute unless such dispute falls Within the definition of a grievance, as set forth in SubSection 18.1 above. .. · 18.4: Proposals 'to add to or change ~h~s Memorandum of Understanding or written agreements or addenda supplementary hereto~ shal1 not be grievable and no proposal to mod. ify, amend or terminate this Memorandum -. of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be grievable under this section; and the personnel . Board shall not have the power to amend or modify this Memorandum of . · Understanding or written agreement or addenda supplementary hereto, or to establish any new terms or conditions of employment. 18.5: All grievances involving or concerning the payment of compen- sation shall be initially filed in writing with the Department [lead In such cases, no adjustment shall be retroactive for more than thirty (30).. days from the date upon which the grievance is f$1ed. Only grievances which allege that employees are not being compensated in accordance.with -34- the provisions of this Memorandum of Understanding shall be considered grievances under the Subsection 18.5. Any other matters of conpensation · are to be resolved in the meeting and conferring process, and if not detailed in a Memorandum of Understanding which may result from such . .. meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. Section' 19 - PROTECTIVE GARblENTS FOR INSPECTORS m ' The City shall supply and maintain overalls for Building Inspector(s) and Public Work InspeJtor{'s). Section 20 - PAST PRACTICES AND EXISTING MEMORANDUM OF UNDERSTANDING 20.1: Continuance of working conditions and practices not .specifically provided herein, shall not be guaranteed by this Memorandum of Understanding. ,, · . _ 20.2: lhis Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between City and Union, Personnel Rules, Regulations, Resolutions ~nd Ordinances. 20.3: No changes in this Memorandum of Understanding or interpretation thereof (except decision of-the'Personnel Board and City Council in accord- ance with the .applicable Sections of this Agreement) will be recognized, unless agreed to by. the City Manager and the Union. Section 21- EMPLOYEES COVERED Provisions of this Memorandum of Understanding apply only to the employees represented by Unit 3. -35- Section 22 - SEPARABILITY'OF PROVISIONS Should any section, clause or provision of this Memorandum of Understanding be declared illegal by final ju. dgment of a court of competent jurisdiction, such invalidation of such §ections, clause or provision shall not remain in full force and effect for the duration .. of this Memorandum of Understandi.ng. In the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for provisions rendered or dec 1 a red i 1 l_ega 1. Section 23 - TERM'OF'MEMORANDUM~OF'UNDERSTANDING This Memorandum of Understanding shall become effective only upon approval by the City Council and upon ratification by the members of Unit 3 and shall remain in full force and effect to and including December 31, 1981. EMPLOYS! REPRES_E~LTAT IV~S . -36- " RESOLUTION N0. 5878 .. CITY .COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE' OF CALIFORNIA .-. A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN EMPLOYER -. t~2~ID EHPLOYEE REPRESENTATIVES - - ' · . , -. 'MEDIATI 0N. -. ..... . . . ' .... ~.-'.'.-..... . .,. - ., ,', ',. "~ ']' ....... ' ' '" ...... ' - ' ' ' :' :' -':- - '. ': ".' '- .-:." :"BE IT RESOLVED by th& CitY' Council of the City of South- '~ .. -.~,.~". : .. .. '-. . ... ..; - . .. - :.~ S~n"-'Franeisco 'that' the Memorandum' of Understanding .~ega~ding · -.: :..- .. : . .. ..' · . - ~. -~e~iation '6f the dispute between City and employees da~e~ -' . . Jun~ 26 ~ 1972, designated Exhibit "A", attached, hereto and .- · . -.made a'pamt hereof, having, bee~ entered into between the ;--' empl. oy~m mepresentaTives 'and'employee mepresent~tives and :,-. ~.avi.ng been-dUly considered by The Council, the Council does ~.(_.~,1 .? : .............. .: : .... i .Z ..... = ......he.~ebY].app~ve said Memorandum Of: Unders~andin'g. ':.::--?-=--:-- . : . · · · · · .. · -'~i hereby certify That the for.egoing ResOlution was' .. .. · . '~gula~iy intmodueed and adopted by ~he City Council of ~he. City of South San. Francisco at a .. held °n ~he 28ih day of · · · the followinE vote:' : June . . specl a I meetinE. .' ~ .19 7? · by '. AYES, COL%ICILMEN'. Pa?rick E. Ahern, 'Gordon T. William A. Borba and F. Frank Mamm|nl N OE S, " ABSENT, " · None · Warren S~einkamp ATTEST: ~ty Clerk · '. : ' MEI.~R~DUM OF UNDERSTANDIN~ - ! ; : ' · --- ' THE UNDERSIGNED employer and employee representaflves acknowledge and · afflr~ gha~ ghey have met and conforred i~ ~od 'faigh, exchanged proposals and . ~unter proposals; and in all respects fulfil lod'~helr obligations under law to . . mog and confor regarding ghe magters hereinafgor set forth, accepgance and - .~ . . . . ' .,- . . . ,' '[, . '~ ..- approval O~ which ~he 'representatives agree ~o reco~nd 1o ~helr p~inci pa l s, .-'.}'~:-..: - ~:x . :'" . . .- . -: ...,.- ':'"'*'~' ' ' ~ho ¢lt~ ~uncil of gho Cit~ of South San Fr~n~l~co and gho emplo~o,~ o~ gh'o. .... ~. '.~] 2-~ ' - ...... .- ;':'::'"' : City of South San Francisco. "" · ? .; . ?- . . * .. ' .e . · .. '' "lbo ¢It~ of. South San Francisco shall nog contract or ~ubcon~rac~ · -~ ~' . an~ person, firm, pargnorsh~p, corporation, ~. . ' ~n~ sorvico or ~ork graditional I~ porformed b~ employees of gh, Cig~. . . ~ ' .~...-In addition, any new service provided ~o the citizenry by the City jj. ~ shall only be performed by employees hired by ~he City under the ' L' Personnel Rules and Regulagions," ........... - .. - - '- .. e -. ' ~EREAS, ~he Clfy holds ghe opinion that it has fha Obligation-go 'select - ~. . · the methods by Which existing and new.services a~re ~o be perfumed, including .. . . ~ngracting or subcontracting ,nd ~he hlring-of employees pursuang go gho Personnel Rules and Regula,ions whiTh The proviso Chat reasonable provisions be made regard- _ . ~. lng lay-offs, g~ansfers or other acgs af{ecting Cigy emplo~emeng~ and .. ~HEREAS, ~ho employee and employer representatives are Unable ~0 agree a, thls tlme regarding said concepts and/or provisions and desire to explore and · develop said' concepts through the process of mediation as provided in GoVernmen, Code Suction 3505.2 wlth the r~diatlon no, being binding on either party until · sald concepts and provisions are mutually agreed u. pon and pending.completion of · said mediation no lay-offs will be made by City for the purpose of contracting · or subcontracting with any person, flrm, partnership, corporation ..or combination · 'i'ho..roof for any servido or' work no~ performed by employees of' 'l-he cirri · · · NO~/~ THEREFOREt IN CONSIDERATION OF THE AFOREGOINO PREI41SE$, IT I$ . · · · . AGREED AS FOLLOWS- ~- ' .... .. ' . e , . ... That 1he parties shall submit the matter contained In ~he recitals above · . . ~o medlatlo'n.prusuant fo Government Code Section 3505.2. -..- .. .: .... :. . .... ..- ........... ..~--- ,..;.:.....?.:.. " .. IN HITNESS WHEREOF the Parties'hereunto have e~e~uted this ItamOr~ndum': · ~ .- .. -. . -. . .. ' -..~ .... of Understanding in ~he'Clty of' South san Francisco, California, as of this . . -. 2(;.~h day of June, 1972. ' -' .. " ;': " " " · ...-. .-- .... ...... .. :  Jty Artery'·y, Cit~ 'of-South' San"Fr~ncisc'~-'-'-'''-' EHPL0~EE REPRESENTATIVES' . -. . · . · ~tichael O~Kennon, Local 1559 AF$C&HE, AFL-CIO 'Frank Gi I I is, Local 5-?, -AF~CF, E, AF'L-C'IO - · Rbbert Peterson,. S.S.F. t-lunicipal Employees As: Associated wl~h NEBA ' i3~n Hudnall, Harine-Engineers Beneficial Ass~ Ed Hill, International Fire Fighters Assn~. EFFECTIVE CLASSIFICATION EXHIBIT "B" SALARY RANGES JANUARY 1, 1981 - DECEMBER 'FOR'UNIT'3' 31, Account Clerk Accounting Technician Assistant Electrical Technician Building Inspector Building Maintenance Custodian Building Maintenance Worker Electrical Technician Engineering Draftsperson Engineering Technician Equipment Mechanic Equipment Mechanic Foreman Equipment Operator Equipment Service Worker Junior Civil Engineer I istant I istant II Worker I (Parks) Worker I (Public Works) Worker II (Parks) Worker II (Public Works) Worker III (Parks) Worker III (Public Works) Worker IV (Public Works) Librarian I Librarian I Library Ass Library Ass Maintenance Maintenance Maintenance Maintenance Maintenance Maintenance Maintenance Mechanic's Helper Parking Meter Collector/Maintenance Repairman Principal Clerk Printer I Public Works Inspector Senior Building Maintenance Worker Senior Typist Clerk Steno Clerk Sweeper Operator Tree Trimmer Typist Clerk 1981 · 'RANGE 655 723 806 1019 638 706 869 878 924 878 971 836 74O 971 798 924 609 655 706 706 761 761 818 818 878 777 878 736 780 1019 761 655 640 818 818 593