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HomeMy WebLinkAboutReso 133-1981RESOLUTION NO. 133-81 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING· UNIT #8 SOUTH SAN FRANCISCO CONFIDENTIAL EMPLOYEES, JULY I, 1981 - JUNE-30, i 982. BE IT RESOLVED by the City Council of the City of South San-Francisco. that the Memorandum of Understanding with Unit 8, South San Francisco Confidential Employees, for the 'period ~luly I, 1981- June 30, 1982, a copy of which is attached as Exhibit "A" and incorporated herein by this reference as if sei-forth verbatim, is hereby accepted and approved. -BE 1T FURTHER RESOLVED that 'the. City Clerk be and is hereby authorized to eis~lo~se"on Page ! and Signature Page of said Memorandum of Understanding the following: "Approved by City Council Resolution No] 133-81 adopted November 4th · 1981" ! hereby certify that the foregoing Resolution was 'regularly introduced and adopted by the City Council of the City of South San Francisco at a Regular ~ieeting held'on the 4th day of November , 1981, by ~h,e roi lowing vote: AYES: Councilmen Ronal'd G. Acosta, Mark N. Addieg0, Emanuele N. Dam0nte, Gus Nicolopulos; and Councilwoman R0berta Cerri Teglia NOES: None ABSENT: None CITY CLERK~ MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SOUTH SAN FRANCISCO AND UNIT 8 - CONFIDENTIAL EMPLOYEES JULY 1, 1981- JUNE 30, 1982 TABLE OF CONTENTS SECTION preamble 1. Term 2. Salary 3. Holidays ' 4. Sick Leave 5. Medical .Appointments 6. Emergency Family Leave 7. Insurance · 8.- .. L°-ngevi ty Pay Plan · 9, Workday/Week 10, ,Deferred ComPensation 11. Vacation '12. 'Retirement' 13,: Administrative Leave 14. Flex Time 15. Overtime 16, Temporary Upgradi.ng: Like Pay for Like Work 17. Education Incentive Pay !8, Physical Fitness Pr. ogram 19. Employees Covered 20. Modification 21. Dispute EXHIBIT 'iA" - Pay Range Numbers 'PAGE 'NUMBER 1 2 '2 3 4 7 8 9 9 10 10 10 · 11 11 11 11 12 12 13 13 13 ~- [] ' TI' l!lJ 'i ~r PREAMBLE THE CITY OF SOUTH SAN FRANCISCO (hereinafter, City) and Unit 8, · .. · Confidential Employees {hereinafter' Unit 8}, acknowledge and affirm that they have met and conferred in good faith, exchanged proposals and counter- . proposals and in all respects fulfilled their obligations under law to meet. and confer in good faith. .. CITY and Unit 8 Representatives acknowle, dge that '(1) prior to July 1, 1981, the parties commenced negotiations for salary increases and benefits for fiscal year 1981-82; {2) retroactive pay and benefits'and the effective date"thereof~ were included in-Unit 8 demands; {3)lUg)on expiration of the Memorandum of UnderStanding for'fiscal year 1980-81, members of Unit 8 continued td work during the n. egotiati.ng 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 n. egotiated .agreement; and (4) negotiations have been completed and the members of Unit 8 have .agreed to accept the negotiated wages and benefits'hereinafter set forth for fiscal year 1981-82 and the effective dates as therein provided. THIS ~'IE~.4ORANDUM OF UNDERSTANDING is the product of t'he above-described meet-and confer process. Representatives of the'City have .agreed t° present this Memorandum'to the City Council for determination and Representatives of Unit 8 have .agreed to present .this Memorandum to their membership for accept- ance and approval. "Approved by' City Council Resolution No. 133-81 adopted November 4th, 1981" -1' 1. Term. The term of this Memorandum of Understandi.ng shall be -from July 1, 1981 to.June 30, 1982, at which time all .agreements,'understandi.ngs, provisions and conditions contained-herein shall terminate. 2. Salary. A. Commenci.ng with the pay period whichlincludes July 1, 1981, the 1980-81 base salary for current members Shall be increased by three.percent (3%). A member as of July 1, 1981, who thereafter left the service of the City through a service .or disability retirement, shall receive said three percent (3%) increase to and including the effective date of said retirement', Exhibit "A" entitled "Salary Ranges Ei~fective July 1, 1981 for Unit 8," attached hereto and .incorpOrated herein, sets forth the salary'ranges which reflects said increases. B. Commenci.ng with the pay period which includes July 1,' 1981, the City .agrees~to assume the-payment of seven percent'(7%)of .the employee's base salary to PERS in lieu of the.employee's contribution.. For" clarification , the employee's contribution to PERS will be reduced by'the'City .from seven percent (7%) to zero percent · (0%). The City' s assumption of the ~mployee's payment to PERS shall be under the authority~ of this Memorandum of Understandi.ng' and any · · applicable government code provisions which permit this'payment~'Wi'thout amendiong the retirement contract with PERS. A member as of July 1, 1981, who thereafter left the service 'of the C'ity through a service or disability~retirement, shall receive said benefits of this Parabraph (B) to and includi.ng the effective date of said retirement. C. It is understood that employees who are, or will, retire with a service or disability retirement, shall be allowed to make a one-time, irrevocable conversion of the City's contribution, being made on their-behalf, to base salary. The conversion shall be to the range number specified in "Exhibit A," as attached, under the column entitled Retirement Range. Employees who wish to exercise this one-time, irrevocable Conversion, must meet the following requirements' -2- 1.' SERVICE RETIREMEN_T.,' Minimum forty seven (47) years of .age, and Will be retiri.ng no later than three {3) years from date of conversion. 2.' 'DISABILITY'RETIREMENT. ~(Industrial or Non-Industrial) · Eligible for disability retirement with conversion to take place one day prior to the"actual date of retire-. merit, or 'the date upon which an employee is determined _ . o. to be permanent and stationary and/or an application for disability retirement is made, w. hichever occurs first. D. Employees who, under C aboVe, have converted the City payment of the employee's contribution to' PERS and do'not retire on the date specified to the City at the time of .conversion, shall owe the City the increased costs includi.ng, ~ut not limited to, benefit contributions, overtime, holiday pay, and .Citycontributions to PERS. The costs owed to the City will be from the time .of conversion to the actual date of retirement. 3. Holidays. A. 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 (New Year's Day) (Washington's Birthday) (Memorial Day) (IndePendence Day) (Labor Day) (Columbus Day) (Veterans Day) (Thanksgivi.ng Day) -3- (9) Fourth Feiday in November (10) December 24· (four hours) (11) December 25 (12) .December 31 (four hours) (13) One DisCretionary Holiday* (Day fol lowi.ng Thank. sgivi.ng) (FoUr hours of workday precedi.ng Christmas) . . (Christmas Day) (Four hours of. workday Precedi.n§ .": 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 entitl'ed° to be compensated for taking said discretionary holiday but'shall not'accumulate~discretionarY . holiday nRr be ~compensated in 'the ·event the discretionary holiday is not taken. ~'~.- ',.. ~ . . .B. Holiday·Pay· Regular fUll-time employees, except for personnel · assigne~d to continuous operations, shall be entitled~to observe all authorized -holidays at full pay, not to exceed eight (8) hours for any··one (1.) day, provided -they are in pay status on both their r.e. gularly· scheduled workdays immediately prece~i.ng and followi.ng the holiday. " · 4.0 'Sick Leave. It is the intent of the parties to provide a compre- hensive, ~integrated sick' leave benefit plan for employeeS who, due to .injury or illness, are unable to perform their usual'and customary duties. Benefits are provided for both work connected and non-work connected' injury and illnesS. Nothing contained herein is intended to diminish the benefits which any federal- or state law mandatorily requires, and the integrated sick leave benefit plan shall not provide benefits in· excess of those'required by state or federal law, except as expressly provided herein. -4- 4.1' ' Si Ck ' Leave · Benefi ts. ! A. ' 'General" Employees: · 1. All full-time permanent and probationary employees.in Unit 8 shall be entitled to receive base salary for a period of ninety {90} Calendar days from the. commencement of a given illness or disability'as compensation for sick leave. Said compensation is in lieu of any amounts employee is enl~itled tO receive from Workers' Compensation or other income supplements arisi.ng by reasons of emplOYee's employment by City. In addition, duri.ng said 'ninety. {90} calendar days, City will provide previOusly .agreed 'upon heal'th,' dental and life insurance. The City will also provide long-term 'disability insurance :for said employee which' insurance shall provide., subject to terms and conditions contained therein, for the payment of two-thirds {2/3) of base salary after expiration of the ninety (90) calendar days described above. 2..After the expiration of ninety (90) calendar days from the · commencement of sick leave for'a given disability or. illness, the City will pay the employee, at the employee's option, any accrued vacation' time. The City will also continue to pay previously .agreed upon premiums for such employee on all health, dental and life insurance until the date of separation. 3. At any time after the expiration of ninety (90) calendar days and before the expiration of three hundred sixty-five (365) calendar days from the cem~.~encement of a given disability or illness, the City has the right to review the case-of the individual employee and either separate the employee from the City's service or extend coverage beyond three hundred sixty-five (365) calendar days. -5- 4, After the expiration of three hundred sixty-five {365) calendar daYs or extensions thereof from'the-commencement of a given disabilitY or illness, the employee will be separated from the City's service. Ilothi.ng . herein shall be construed so as to limi. t the.employee's r. ight'to receive·l.o, ng~ · .. · term disability benefits under the ~long-term disabili·ty policy beYond the three hundred sixty-five (365) calendar day period. ., 4.2 Sick Leave Conditions. Sick leave, for the purpose of the new sick leave benefit set forth in paragraph. 4.1' and the several subsections thereof, ,. is defined' as~a.period of.time during which the employee suffers actual personal illness or disability which necessitates.his absence from employment, and it is not a.right or-pPivil.ege to De Used at the'unqualified discretion of the employee. The employee muSt suffer 'an actual l personal illness or disability which 'necessi- rates hi's· absence' from emploYment'; and to be entitled to compensation for said sick. leave, must satisfy the conditions hereinafter set'forth · The compensation for~ick leave set forth in Par. agraph 4.1 and the subsections thereof, is the only compensation for sick leavewhich the City will pay. (a) The employee must notify his or her immediate supervisor prior to- the commencement of the daily work period ~·for which, compensated sick leave is sought; provided that those employees serving on shift assignments .must notify supervisors prior to the shift, in accordance with departmental'policy. . . (b) Each employee on sick leave must produce evidence satisfactory to the City describing the nature of'the illness and such eVidence may be in the form of a personal affidavit or shall be in the form of~-'a certification by a medical doctor if requested by a departmeht head with prior notice to the employee; provided that the City reserves the right to take such action -6- it deems necessary to confirm or verify actual illness or disability; provided further, that in the event that the employee'is ill or disabled for more than thirty-nine (39) working hours, then the employee shall present to the City, before' returning'to'work, a certification by-a'medical 'doctor describing the nature and extent of the illness or disability and confirming that the employee · has fully'recovered and is able to perform regular work without any restrictions. . . 4..3, Sick Leave Acc~umulation..Termination and Payment. 'Beginning on · June 27, 1975, employees ~hall not be entitled to accumulate unused sick leave. In accordance with the City's Personnel.. Rules and Regulations in effect as of 'the date of execution of this Agreement, each employee will be entitled to pay- ment for a period of time not to exceed three hundred sixty-five {365) calendar days; for sic~ leave accumulated prior to June'27, 1975, at the employee's existing . salary'~for fifty percent (50%) of the days of*accumulated sick leave, which days of' accumulated'sick, leave' shall not exceed one hundred twenty {120) days. Said right to payment is deemed a property right, which shall not be taken from the employee without mutually agreed upon consideration.' If state or federal legis- la%ion is ~enacted into law then mandating a percentage other than the fifty percent (50%) described herein, then such mandated percentage shall supersede the percentage described herein. .5. Medical Appointments Employees shall be entitled to receive author- ization for leave without l°ss of pay for appointments with medical doctors and dentists. Such leave shall be authorized only for the actual time necessary for the appointment and for traveling to and from the appointment. Employees shall be required to submit a personal affidavit describing the nature and need of such visits. The City reserves the right to confirm or verify any appointment for · which such leave is authorized. -7- _ . 6~ Emergency Family Leave. - A. Each employee may take leave without loss of pay for up to four (4) workdays 'per calendar year for emergency situations where an immediate~ family'member'must receive immediate medical 'attention due l~o a sudden, s~rious ' and actual sickness or disability (excluding routine or scheduled doctor's appointments). Employee's shall be required'to submit a doctor's certification.'-- . · B. Beginning on July 1, 1977, each employee may take leave without loss of pay for the purpose of attending the funeral of any member of his or .her in~nediate family, as defined hereinafter, .for'a period of three {3) workdays per occurrence Within the State of California'or five~ (5) workdays per occurrence Outside the State of California. ~ · C.' As used herein, "immediate.family" is defined to be spouse, parents,, brothers., sisters, g~andparents, child, mother-in-law, father-in-law, ~brother-in-law, Sister-in-law, daUghter-in-law or son~in-law. In addition, the City Manager.may grant the-above described leave in the event of the --- illness, or disability or funeral of someone other 'than those Persons designated if, 'inthe City. Manager's opinion, there exists an.extraordinarily close relation- s.hip between the employee and'such person. 7. Insurance. 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 with options available to the employee to select the plan known .as the Kaiser "S" Plan, or· the Bay Pacific Health Plan. B. Dental Insurance: The Self-insured program for dental care benefits existi.ng as of April 1, 1978, shall be provided for employees and dependents. -8- C. Life Insurance-. The term life insurance coverage, including accidental death and dismemberment, in the amount of Ten .ThOusand Dollars ($10,000) per. employee, shall be continued during the term of this Memorandum of Understanding. . . · ' D. Long-Term Disability Insurance.: ci'ty shall provide insurance for long-term disability coverage to provide 'that benefits to be' Paid a dis- abled employee shall equal two-thirds (2/3). of the regular base monthly salary of the employee, 'subject to the terms and conditions contained in the policy. · E.'-Vision Care Plan: The 'City shall provide for permanent full-time employees ·and their eligible dependents, the Group Vision Care Plan, dated · January, 1975, designated-¥SP Plan B, Employee and' Dependents',, With a ten dollar ($10) deductible. , · 8. Longevity Pay Plan The City shall pay all permanent full-time employees longevity pay in accordance with the following schedule' · Length of Service longevity Pay/Monthly Ten to fourteen years, inclusive $ 20 Fifteen to nineteen years, inclusive 30~ Twenty to twenty-four years, inclusive 4O Twenty-five to twenty-nine years, inclusive Thirty to thirty-four years, inclusive 60 80. Thirty-five to thirty-nine years, inclusive 100 Forty years or more 120 9. Workday/Week. Eight (8) consecutive hours shall constitute a workdaY except that they may be interrupted by a lunch break. The work week shall consist of forty (40) hours. -9- 10. Deferred Compensation. All permanent fUll-time employees are eligible, subject to the terms and conditions thereof, to participate in the City of South San Francisco Deferred Compensation Plan. 11. 'Vacation. All permanent full-time employees ~shall' accrue annual vacation in accordance'with .the following schedule' Lenqth of Service Annual Vacation One to nine years, inclusive 15 working days Ten to twenty-four years, inclusive 20 working days Twenty-fi ve years or more .25 working days Members shall be entitled to take vacations without loSs of pay, subject'to prior approval of scheduling by their immediate supervisor. Unused vacation for such employees' may accumulate up to twice their annual accrual amount. Any. such employee who wishes to ta'ke vacation in excess of their annual accrual rate shall obtain prior approval from the immediate supervisor. If any employee does not take accumulated vacation, s/he shall be entitled-to be paid for' accumulated vacation upon separation 'frOm the City's' service at the regular base salary of the 'employee upon separation. ' 12. Retirement. A; The benefit contracts in effect.between the City and the Public ~ployee~' Retirement System (PERS)lin behalf of eligible employees as .of _ April 1, 1979, shall be continued during the term of thiS Memorandum. B. Retire Personnel Health Insurance Plan' City shall provide a , , health insurance plan for employees who are retired on a disability or service retirement, and only for such employees., and City shall pay all premium costs until the employee becomes gainfully employed, as defined hereinafter. "Gainfully · -10- employed" as used herein, is defined as employment or self-employment which produces gross income for the'individual in an amount in excess of seventy-fiVe percent (75%).of the ha. se salary then being paid in the position said employee last held with~ the City, or for a comparable position if said position has been . abolished. To be entitled to receive such health i'nsurance after retirement, . i~qe emplOYee must. elect, in writing~ to have such coverage prior to his or her retirement. .. '13. 'Administrative Leave.. Administrative leave without loss of pay may be granted at, the discretion of" the . department head with the prior approval of · the City Manager. . 'Flex 'Time. Members' of Unit 8 may arrange for flexible hours of commencement and ending of a day's work, said times to be arranged with the respective.department head so as not to interfere with the duties of the respec- rive offices, with the .understanding thata workday shall consist of eight · working hours. 1-5. Overtime.. Authorized work performed'by an employee in excess of'their scheduled workday or work-week shall-constitute~' overtime 'except as otherwise provided. 'An employee required to work in' excess'of their'scheduled hours of work shall be 'compensatedr for each overtime hour so worked at the rate of one and one- half (1½) times the employee's base rate of pay. No'form of.overtime payment 'shall be made where time worked prior to. the beginning of a shift or followi.ng-completion of a shift is less than twelve (12) minutes duration. 16. Temporary Up-Grading' Like pay'for Like'WOrk. · An employee ass.igned to duties of a higher classification s'hall be paid the salary of'the position s/he performs commencing with the third consecutive day of said assignment. -11- 17. Education Incentive Pay. A. City agrees to provide a financial incentive as an extrinsic motivator for employees to augment, their formal'education on a continui.ng basis. Such incentive paylwill be provided to all permanent ~ employees Who satisfy the ' . . following conditions- .. · . , 1. Full-time employment with··the City 'for two {2}' or · more consecutive years; 2. B.eginni.ng.July "1, 1981,.each employee must have successfully completed three {3) ~accredited units in the preceedi.ng fiscal ~year {July 1' June 30} tO' remain el.igible for the incentive'pay; provided, that ~..-~..~ failure to satisfy this requirement' will eliminate ~- said incentive pay for' the fiscal' year followiong · -~ the fiscal year in which this requirement is not satisfied. ~' · B,' Subject to the conditions described above,'City .agrees to provide incentive pay as follows- Additional pay equal to two and one-half percent (2½%) of r. egular base salary for successful completion of sixty-(60) accredited units or attainment.of Associate of Arts Degree or ~an equivalent Certification 'of completion from an accredited business college in a field related to the employee' s emil oyment. 18. Physical Fitness Program. Each employee of Unit 8 shall be entitled to the fol lowing' A. Use of City Recreation Facilities at no cost. -12- B. Up to five (5)'Parks and Recreation Classes per year at no cost. Classes and facility usage are to be on the employee's · "own time and subject to availability and sign-ups as deter- , mined by the Parks and Recreation Department. .. _ . 19. Employees Covered. The provisions of this Memorandum apply only. to th~ employees repreSented by Unit 8 - Confidential Employees.' 20. 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. .. '~'.-~ ~.~ . . 21. Dispute. Any dispute over an interpretation of this Memorandum shall be-processed in accordance with the procedures set forth in the City's Employee Greviance Procedure. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding in the City of. South San Francisco this ~ day of ~O~.e~; 1981. Ci~,Y REPRESENTATIVES EMPLOYEE REPRESENTATIVES "Approved by City Council Resolution No. 133-81 adopted November 4th, 1981" -13- EXHIBIT "A" CLASSIFICATION UNIT 8 PAY RANGES EFFECTIVE IN THE PAY PERIOD THAT .INCLUDES JULY 1, 1981 ,BASE RANGE RETIREMENT RANGE. Ad. ministrati ve Secretary 805 2.5% 826 860 2.5% 882 Executive Secretary Legal Secretary 858 2'.5% 880 767 2.5% 787 917 2.5% 940 819 2.5% 840 Personnel Clerk 713 2.5% 731 762 2.5% 782 Personnel Technician 961 2.5% 986 1027 2.5% 1053 Secretary I 713 2.5% 731 762 2.5% 782 Secretary I I 755 2.5% 774 807 2.5% 828