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HomeMy WebLinkAboutReso 142-1981RESOLUTION NO. 142-81 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTAND! NG, UN IT #4 SOUTH SAN FRANC! SCO WATER QUALITY CONTROL PLANT EMPLOYEES, REPRESENTED BY INTERNATIONAL UN ION OF OPERATING ENGINEERS, " ' i STATIONARY ENGINEERS LOCAL uNI.ON NO. 39, AFL-CIO, JULY 1, 1981'- JUNE 30, 1982. BE IT RESOLVED by the City Council of the City of South San Francisco that the Memorandum' of UnderstaNding with Unit #4, South San Francisco Water Quality Control Plant Employees, represented by International Union of Operating Engineers, Stationary Engineers Local No. 39, AFL-CIO, for the period July I, 1981 - June 30, 1982, a copy of which is attached as Exhi.bit "A" and incorporated herein by this reference as if 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 1 and signature page of said Memorandum of Understanding the following: "Approved by City Council Resolution No. 142-81 11/18/81 , 1981" adopted 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 regu 1 ar meeting held on the 18th day of November , 1981, by the following vote: AYES: NOES: ABSENT: Councilmembers Ronald G. Acosta, Hark N. Addiego, Emanuele N. Damonte, . Gus Nicolopulos; and Roberta Cerri Teglia None None MEMORANDUM OF UNDERSTANDING BETWEEN 'THE CITY OF SOUTH SAN FRANCISCO AND UNIT 4 - SOUTH SAN FRANCISCO WATER QUALITY CONTROL PLANT EMPLOYEES Represen.ted By International. Union of Operati.ng Engineers, Stationary Engineers, Local No. 39, AFL-CIO July 1, 1981 through June 30, 1982 "APPROVED BY CITY COUNCIL RESOLUTION NOt 142-81 ADOPTED 11/18/81" ~," ARTICLE Preamble · . 1. _Recognition 2. Union SecuritY 2.1 2L2 2.3 3. Management Rights 3.1 Mediation 4. No Discrimination 5. Union Stewards and 5.1 5.2 5.3 6. Salary Plan TABLE OF CONTENTS 7~ Dues Deduction Communications with Employees Advance Notice Official-Representatives Stewards Representative of the Union Access' to Personnel Files 6.1 Increases During · '6.2 Salary Plan Administration 6.3 Salary Plan Administration, 6.4 Salary Plan Administration, 6.5 Salary Plan .Administration, Term of Memorandum of Understanding Original Appointment Advancement Within Salary 6.6 6.7 6.8 Salary Step after. Promotion or Demotion Temporary Upgrading: Like Work for Like Pay Salary Plan Administration, Pay Periods Longevity Pay Plan Probation Periods 7.1 Duration 7.2 Rejection 7.3 Promotional Probation 8. Transfer/Promotion , 8.1 Transfer 8.2 Promotion 8.3 Employment Lists 8.4 Time Off for Examination PAGE Range NO. 3 3 3 4 5 6 6 6 7 7 8 8 9 9 9 I0 10 lO 10 I1 11 ,-) Table oi~ Contents (continued) ! CLASSIFICATION 9. Reduction in Force/Layoffs and Re-Employment 9.1 Council Determination 9.2 Seniority ' 9.3 Order of Layoff 9.4 Notice of Layoff 9.5 .Reassignment in Lieu of Layoff / 9.6 Lay Offs ~- 9.7 Lay Off Re-Employment/Reinstatement Lists 10. Resi_qnation and Reinstatement 10.1 Res. ignation 10.2 Reinstatement 1i. Hours of Work, Overtime 11.1 Work Day 11.2 Work .Week -- 11.2 Work Schedule -11.4 Work Schedule- Sew. age Treatment Plant , 11,5 Overtime · 11.6 Call .Back _ _ 12. Holidays 12.1 Authorized Holidays 12.2 Holiday Pay 12.3 Work Performed on a Holiday 12.4 Joint Sewer Plant - Holiday Staffi.ng 13. Vacation Leave 13.1' Accrual !3.2 Deferral 13.3 Schedul i.ng 13.4 Pay Upon Termination 14. Leave Provisions 14.1 Sick Leave 14.2 'Medical Appointment Leave 14.3 Emergency Family Leave -2- PAGE )~0. 12 12 12 13 13 14 14-' 15 .15 16 16 16 16 -17 17 18 ).9 19 19 19 2O 2O 20 23 23 Table of Contents (continued) CLASSIFICATION 14.4 Leaves of Absence 14.5 Maternity Leave 14.6 Military Leave 15. Health and Welfare Plans 15.1 Health Insurance 15.2 Dental Plan 15.3 ' Vision' Care Plan 15.4 Life Insurance 15.5 Long Tem Disability Insurance 15.6 Retirement 15.7' Retiree Health Plan 16. Safety 16.1 Observance of Safety Rules and Regulations 16.2' Safety Pr. ogram 16.3 Safety Equipment . 17. Discipline' ' .- 17.1 Action by City ..... :17.2 Notice of Disciplinary Action 18. Grievance Procedure 18.1 Definition of Grievance 18.2 Steps 'in Grievance Procedure 18.3 Personnel Board Jurisdiction 18.4 Proposals or Contract Amendments - Non-Grievable 18.5 Initial Filing of Grievance Related to Compensation 19. Apprenticeship 20. Rest Breaks 21. Automatic Progression 21.1 Treatment Plant Operator I to II 21.2 -Maintenance Worker I to II PAGE NO. 24 24_ 26 26 26 26- 27 27 27 28 28 28 28 29 30 30 33 33 33 34 34- 34 35 ~,, Table of Contents (continued) CLASSIFICAIION PAGE NO. 22. 23. 24. 25. Past Practices an,d Existing Memorandum of Understanding[ 22..1 22.2 22 ..3 Employees Covered Separability of Provisions Terms df Memorandum of Understanding Worki.ng Conditions/Practices not Gua~a~Eeed Memorandum'of Understanding Supersedes Prior Agreements No Changes without Agreement 35 35 35 35 36; -4- :' PRE~.tABLE :. THE CITY OF SOUTH SAN FRANCISCO (hereinafter, City) and Unit 4, represented by International Union of Operati.ng Engineers, Stationary Engineers, Local Union No. 39, AFL-CIO, acknowle, dge and affirm that they have met and conferred in. good faith, excha, nged proposals and counter-proposals and in all respects fulfilled their obligations under law to meet and confer in good faith. CITY and Unit 4 Representat'ives acknowle, dge that {1) prior to July i,-1981, the parties commenced n. egotiations .for salary increases and benefits for. fiscal year.1981-82, {2). retroactive pay and benefits and the effective date thereof were-included in Unit 4 demands, {3) upon expiration of the Memorandum of Understanding effective for fiscal year 1979-81, members of Unit 4 continued"- to work duri.ng the n. egotiati.ng period in absence of any contract with'the under- . . standing that the effective date'of th~- ~.~-O'E!-~t~-~-salaries and I~e~efits Would be determinec~._in the final negotiated .agreement, and, {4} nggot.iat~i.ons bare been completed and the-members of Unit 4 have .agreed to give up their demands for higher wages and benefits for fiscal year 1981-82, and accept the n. egotiated wa§es and benefits hereinafter set forth for fiscal year 1981-82, and the effective dates as therein 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 ).iemorandum to the City-Council for determination and representatives of Unit 4- have agreed to present this Memorandum to their membership for acceptance and approval. -1- ! · ARTICLE 1. .mm RECOGNITION ! ., ." Union Recognition International Union of Operati.ng E. ngineers, Stationary Engineers Local Union · No. 39, AFL-CIO, hereinafter referred to as the "Union" is recggni zed 'as the majority representatives, as provided in City's ResolUtion 135-79 adopted December 4,' 1979, for all emp.loyees inI classifica'tions assigned to Unit.4. ARTICEL 2, "'UNION'SECURITY · 2.1 DueS'DedUCtion The Union may have the r. egular dues of its.members within the representation unit deducted from employees' pay checks under procedures prescribed by the City Finance Director of such deductions. Dues 'deducted shall be mad~ Only upon signed authorization from the-employee upon a form approved .by the City, and shall continue {1} until such authorization is revoked;' in writi.ng, by the employee; or (2) until the transfer of the employee to a unit 'represented by another employee o. rganization. Employees may authorize due~ deducted only for the organization certified as the-recognized employee organization'of the unit .~. _ . . to which such .employees 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 followi.ng 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 working days prior to the close of a pay period. · · -2-' 2.2 comm0nications'~ith 'Employees The Union shall'be provided reasonable space on bulletin boards at such work site for posti.ng notices concerni.ng 'official union business. 'All Such notices must receive prior approval from the department]or 'division head before postijng' . . 2'3' Advance' Notice - Except as provided below in this .subsection, the Union shall be.given reasonabie advance written notice of any ordinance, resolution, rule or'r. egulation directly . relating to 'matters within the scope of representatioh proposed to be adopted by the City and shall .be.given'the opportunity to meet.with-appropriate management representatives prior to adoptiQn.- If public safety, welfare or 'an eme. rgency require any of the said acts by the- City without such notice~ the City may take Such action and concurrently there- .. with give notice thereof, which affords the .Union a reaSonable-time thereafter. · wi thin whi ch t° meet the man. agement reP-~ese~-~a'i~i~. _ ARTICLE To insure that the. City is ~ble to carry out its constitutional and statutory' functions and responsibilities, nothi.ng 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 r. ight to direct the. work_force; to select and determine the number and types of emplgyees.required; to determine the content of job classifications; to hire, transfer, promote, suspend, discipline . and discha, rge employees; to assign work to employees in accordance with the require- ments determined by the City; to establish and cha.nge 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 cha. nge methods of opera~ions; to determine -3- ~nd cha. nge 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 .agree that the matters provided for mediation i~ .the.attached Exhibit "A" shall be Submitted to mediation within a reasonable time. ARTICLE 4. ' 'NO' DISCRIMINATION There shall be no discrimination' beca'k~e of race, creed, .color, national - sex, sexual'preference, marital status, ancestry or 1.e§itimate union activities, 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 C'ity; and to the extent'prohiDited'by applicable state and federal law, there shall be no discrimination because of .age. 'There shall be no discrimination .against any handicapped person solely because of such handicap unless that handicap prevents .. the person from meeting the minimum standards established. . ARTICLE -5. -. 5.1 Steward UNION'STEWARDS'AND'OFFICIAL'REPRESENTATIVES , The Union shall be entitled to a'resonable number of Stewards who shall restrict their activities to the processi.ng of. grievances and shall be allowed, a reasonable amount of time for this purpose.. The Union shall notify'the City Man. ager, in writing, of the names of the Stewards. Stewards shall obtain permission from their supervisor before leavi.ng their ~ork stations to resolve grievances and shall report back to their supervisor before returning to their work stations. This provision shall not be used to prevent the Stewards from performing their duties or obligations set forth in this Article, pro_vided, however, that the use of time for this purpose shall be -4- r~asonable and shall not interfere with the reqUirements of the City's services, . . as determined by the City. In the event the'City determines that %tewards"' are abusi.ng the provisions of this Article, the'union .agrees to-meet with the City, ~mmediately, to investigate · the City's complaint and. to assure full compliance by Stewards with the-provisiJns of this sub-section. -- Whenever. an employee is required .to meet with a supervisor or man. agement official and the employee reasonably anticipates that such meeti.ng will involve questioni.nEl leading to disciplinary action, the employee' shall be entitled 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' con. t.a~t the Repre- Sentative and arrange a mutually acceptable time and day-to hold the meetigg. · ,. Once scheduled, the City shall not be required to reschedule the meeti.ng for the Convenience of the Union Representative. 5.2 'Representati've of the'Union ._ The Union shall provide the City lwith a written list (not to'exceed two (2) individuals) of their authJrized representatives and any changes-thereto. An authorized representative of the Union shall be allowed to visit the work location for the.. purpose of ascertaini.ng whether or not this Memorandum of Understandi.ng is being observed. 'This right shall be exercised reasonably. An authorized repre- sentative of the Union shall report to the Department/Division Head before proceeding · to the work location. He shall not interfere with the normal conduct Activities such as the soliciting of membership, collection of dues, holdi.ng membership meeti.ng, campaigning for office, conducting elections and distributing literature.is strictly~ prohibited during working hours ~,~ithour prior approval of the City Manager. -5- Access to'Personnel 'Files An employee or, on presentation of .written authorization from the employee, an employee's representative, shall have access to the employee's personnel file upon request. ARTICLE 6. SALARY'PLAN '' 6.1 Increases During Term'of'ThiS'MemorandUm Of'Understanding a) General Increase- B. eginni.n§ with?~he pay period which includes July 1, 1981, there Shall be an increase of ten percent (10%) in the 'base salary fa. riga of .each classification in Unit 4. A member as of'July 1, 1981, who thereafter left the service of the City thro. ugh.a service or disabili'ty retirement, shall receive said increase to and .includi.ng the effective date of said ~etirement. b) Special Adjustments- Beginni.ng with the'pay period which includes Julys. l, 1981, .the following classifications shall receive special adjustments in addition to the general increase- 'CLASSIFICATION '- ................ ' PERCENTAG'E -' Industrial- Waste 'Inspector Laboratory ChemiSt ' - 3.5% 3.5% This subparagraph restates the provisions contained in the Memorandum of Under- standing dated the'15th day of August, 1977, approved by ResolutiOn No. 117-77, adopted by the City Council on the 15th day of August, 1977, and'does mot by so restating it modify the compensation therein provided. 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 in the Pay Period Which Includes July 1, 1981, for Unit.4," attached hereto and incor- -6- ! porated herein sets forth the ra. nges as contained in the City of South San Francisco Master Salary',. Standard Bi-Weekly lables'for 1'g81-8:> ~and reflects the increases stated in 6.1 (above). 6.3 Salary Plan AdministPation~'oPigin~l 'Appoihtment The salary for a new employee enteri.ng. City employment shall be the minimum or ~- - .~,; ~' ~ first salary step for the classification to which the empl'oyee is appointed . - provided, however, that the City Manager.may, ~hen circumstances'so warrant, appoint at other than the first step. . Whenever an employee(s) .is recruited (excludi.ng reinstatement~ and re-employments) for a position at other than-the first ~tep within ara. nge, all employees in the same position in steps below the recruitment Step shall be raised to the step at which the. new employee(s)~as recruited. .. ~6.4 Salary Plan_'Administratioh~'Adiancement'withih'Sal~r~'Rahge Employees appoi.nted at the first step ("A") shall be el.igi~le for advancement to the-second step {"B") of the specific salary range six {6) months after original appointment, .provided that the employee's performance merits 'the' increase. Advancement to the remaini.ng 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 date for that employee. Whenever the schedule of compensation for a classification is revised, each incumbent in a position to ~hich the revised schedule applies, shall be paid at the same step in the revised ra. nge as the step at which the employee was paid in the previous ragge. · -7- '6.5 ,Salary,' Plan AdminiStration~'Salary'SteplAfter'?romotioh:. 0P'Dem0t.i.o?. When employees are promoted~ they shall receive not less than 'the equivale, t of a one-step, five percent (5%) salary increase. · · ·_ When an employee is demoted," whether'such demotion is voluntary. or otherwise~ the employee's Comp.ensation shall be adjusted to the' salary' prescribe; for the ~- - -..~?F~_ . ' classification to which the employee is demoted and unless otherwise Provided~ ~ /' · ~he specific' rate of pay within the ra. nge shall be determined by~ the City I4an. ager; provided, 'however, that an employee demoted' 6s a result of' abolition of po~'ition· shall be placed at the salary'step in the lower classifications'which most close_ly approximates, but does not exceed, the employee's salary'in the.h, igh.er classifica- .. 'tion If an emplOYee takes a voluntary demotion to a classification previously' held from a classification within, the sa~ne series, the employee shall be placed at a step commensurate with le. ngth 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-timo held previously at such ..step. .6.6 Temporary Upgrading' :Like, Work' for-Like Pay An employee ass. igned by.the City. to the duties of a first-line supervisor or above., shall be paid the salary of the position s/he Performs commenci.ng 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~capacity for thirty · consecutive calendar days ·or more, in which event, they shall receive the pay of the higher classification commenci.ng with the first day of said thirty-day service. -8- ~.7 Salary'Plan~ 'Pay'Periods · Employees shall be paid bi-weekly, unless mutually .agreed to by the City and Union. 6;8 Lon'geVitY ' Pay 'Pla. n Permanent full-time employees shall be eligi'ble for lo. ngevity pay in accordance with the followi.ng schedule- Length' of' conti n06o~ ' seYei ce ' ' Longeei tg' Pa37/Monthly Ten to fourteen years; inclusive Fourteen 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 10' 15 20 30 40 5O "60 ARTICLE 7. ' .... PROBATION'PERIODS 7.1 Duration All or. iginal and promotional appointments shall be tentative and subject to a probationary period of not .less. than twelve (12} months'o'f actual service from the dai:e 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 fromwhich laid off, shall unde. rgo 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'the probationary period in order to attain permanent status. Employees who transfer to another division shall be required to undergo a new probat.~onary 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-vJluntarily shall be reinstated to the.ir former position if unsuccessful in their new probationary period. 7.2 Rejection The appointi.ng authority may terminate a probationary employee at any time duri.ng · the probationary period .without'~ight of appeal in any'manner and without re- .course to the PrOcedures provided in Article 18'{Grievances) hereof, 'unless 'the~ · employee-all.eges that-the termination was due to discrimination prohibited by · City, State and Federal statutes or r. egulations. · If such discrimination is all.eged, / the appeal or gr~ievance 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'discrimination, the person or persons heari.ng the appeal or grievance shall not substitUte their judgment'for'that of the appointi.ng authorityj .. 7.3 promotional" Probation An employee who haS:previously completed the requisite~probationary period and who is rejected'duri.ng 'a subsequent.probationary period fora 'promotional appoint- ment {eXcept as provided for.-in-Article--21-}-shalt- 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 discha, rgi.ng any employee during a subsequent promotional .probationary period for.those'reasons and causes set for.th in Article 17 of this Memorandum of Understandi.ng. -' ARTICLE 18. 'TRANSFER ~' PROMOTION 8.1 Transfer An employee may be transferred by the City )4anager from one position to another position in the same or comparable classification carrying essentially the same maximum salary and which the employee is qualified to perform. 8.2 Promotion T. he City shall endeavor l~o fill vacancies by promotion when in the be'st interest of the service.- In the event the City Han. ager determines to fill' a vacancy by promotion, the PerSonnel Board prepares and administers an'exam'[nation for those employees who meet"th~ 'minimum:qualifiCations.. lhe names of the successful .... candidates shall be recorded, in the order of their standi.ng in'the examination of an employment list. "Closed promotional appointments shall be made from the ~- - first three {3)'Candidates {which number may be unilaterally cha. n[led by the City Council ,Resolution) on the employment list who are ready, wi'Iii.n§ 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; b'y~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 f~ied ~Certi.. - ~ ~ ~ -- ~ - . The name of any.-person on an employment list may be removed by the City ~4an. ager if the el.igible person requests, in writi.ng, that his/her name be removed, ii= . the employee fails to respond to a written offer of employment six (6) business days -from maili.ng, 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 ~em~loyment list. 8.4 Time Off for Examination Promotiona! examinations scheduled by the City duri.ng an employee's r. egu'lar ~orking hours may be taken without loss of compensation. . ART I CLE' 9 .' .... REDUCT I ON' I N' FORCE/EAYOFFS AND' RE :~EM?LO YMENT 9.1 Couneil 'Det6emih2tion 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 service and lay off, reassign, demote or .transfer an-employee boldi.~-' - such. position or employment and same shall not be deemed a.disciplinary act or' act requiring written cha. rges. The' appointi.ng authority may likewise pay off an employee in 'the competitive service because of material cha. nge in'duties or o. rganizati on ,' or short, age of work or funds. 9.2 Seniority m Seniority,for the. purpose of layoff, is defined as le. ngth"of 6ontinuous full-time ~mployment within the service of. the City, except for service on'a provisional and temporary status. Seniority shall be retained, but shall not adcrue duri.ng any period-of leave'Without pay, except-for-.auth6rized milil~ary leave granted pursuant to California State Military and Veteran's Code. 9.3 Order of'Layoff When one or more employees performi.ng in the same class in a'City department are to be.-laid off (provisionals and temporaries therein havi.ng already ' bee. n 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. Whenever two or more employees have identical classification seniority, the order of layoff shall be determined .by a mutually .agreeable random selection process. · _ -12- 9.4 Notice of'Layoff Employees shall be for~arded written notice, includi.n~l reasons therefor, by Certified R. egistered Mail, Return Receipt Requested or ~e~sonally Served, a · . .. -minimum of ten (tO),worki.n~. days prior 1;o 'the effective date of'lay off' employee receivi.ng said hO.rice may respond, in writi.ng, to the City lqan. ager. 'l'he employee'§ representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City'to 'discuss the circum- stances requiri.ng the lay-off and.any proposed alternatives which do not include. the-consideration of the merits,~neceSsity, or o.r§ari'~Zation of any service or acti.¥ity.., lhe provisions, of Section 9.5 must be requested by 'the employee, in writi.n[t, five {5) worki.n§ days prior to the effective'date of 'lay : 9 5 Reassignment"in"Lieo'of'l'ayoff . ., a) ~Vacant Position-in City- In the event' Of layoff, the employee will be allowed' to 'tra-nSfer to the vacant position which the City'intends to t~ill in the same dlassificat'ion in any City'department. --.-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 in the affected department'and then Ci ty-wi de. 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 lay off procedure in the same or lower salary level shall apply. -13- Employees £r~ns{erred, reuss.19ne6, or demoted under this Sqction'uil] be assigned to a step' in the' hew'Classification'salary ra. ng6 61osest, but not exceeding, the employee's salary 'at the time of reclassification~ · 9.6 Lay Offs a} In the event that'an employee is not reassigned in lieu of layoff as in .. Section 9.5, the employee shall be ..laid of.f. If an employee elects not- to exerc-ise the rights in 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 leaie in accOrdance with Section 14.1 .{g} when separated as a result.of a layoff. -. 9.7 Lay Off 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,__.._i_~9~der_'~f their sen. iority. Vacant _ positions within the classification shall first be offered to employees -~- on this-list. b) Employees.who are laid off, shall.have their names placed on a re-emploj~nent list of classifications which,; tn the opinion of the Personnel Officer, requires basically the same qualifications and duties and responsibilities as. those of the classification from which the lay. off occurred, in order oi= 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 years. Refusal t° accept the first offer of rein- statement.or re-employment within a classification shall cause the name to- -14- be dropped from the list, Individuals not respondi.ng to written not( fi cati on , by Certified Restricted Mail~ Return Receipt'Requested, forwarded to' their .. last given address, of an openi.ng within ten '(10) worki.ng days from maili.n'g .. · shall have their names remOved'from ei. ther a reinstatement or're-employment list. Individuals who do not meet current employment standards-Ci'Je., medical, . . licenses, etc.), shal'l have their names removed-from'either a reinstatemen't'~r re-employment list. d) Probationary 'employees appointed from a reinstatement o'r re-employment list must serve the remainder of their probationary'period in order tO attain permanent status. .. ARTICLE 10. RESIGNATION" AND ' RE INSTATE~:lENT -. IO.iE Resignation An employee desiring to leave.the City in good sta~di.ng shall subfnit a letter of resignation to his immediate supervisor no later than 'bvo"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 standi.ng may be reinstated within two years of the effective date of 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 h. igher rate of pay and ~thich the employee is qualified to perform. Reinstatement shall be made at the salary step approved by the City M'an. ager. The reinstated employee will serve the designated probationary period for that classification prior to becoming a permanent employee regardless of the salary -. . rate at which the employee is reinstated. -15- ARTICLE 11.' .... HOURS'OF'WORK, OVERTIME · . 11.1 Work'Day Eight-consecutive hours of work. shall 'constitute a regular, work shifi~ except -- l~hat'they may be interruPted by a lunch break. All employees.shall l~e scheduled. to work on a regular work shift., and each work shift shall have a r. egular starting and quitti.ng time. 11.2 Work'Week -- ../" The work Week shall consist of five consecutive eight hour days', . 11.3 ' Work.'SchedOle Work Schedules showi.n§ the employee's shifts, work' days and hours shall be posted on the employee bulletin boards at all. times. -- .. Except for situations where the City determines an'eme, r§ency exists, cha. nges in work schedules shall not be made until the employee and'his other representative have been §iven reasonable opportunity_ to dis_cuss., said cha. nges with the appropriate man. agement representati ye. . '-il.4 Work Schedule, t seWage'Treatmeht'Plant .. · Employees assigned to the Sew. age Treatment Plant shall work in accordance with the -, schedule provisions of Exhibit "C." 11.5 Overtime . Authorized'work performed by an employee in excess' of their scheduled workday or .. workweek shall constitute overtime except as otherwi.se provided. An employee required to work in excess of their scheduled hours of work shall be compensated for each overtime hour so worked at.the rate of one and one-half (1½) times the employee's base rate of pay. No form of Overtime payment shall be made ~here time worked prior to the beginni..ng of a shift or following completion ~ of a shift lis less than twelve (12) minutes .duration. . -16- Employees may, at their option, receive pay for Such oVertime hours or may . accumulate compensatory'time at the Kate Of time and one-half (1½) up to an · equivalent maximum of tw~Aty'-four.(24)' 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 f('~e (5) days notice of the desire for such time off a~d the time off must'be taken'under such conditions as will not interfere with the ~minimum manni.ng and continued 'function of their particular itepartment or operation. . 11.6. Call 'Back'. ' ' " An employee reCalled to work outside Of and not continuous with regulai~ly-scheduled hours shall be paid a 'minimum of two (2)' hours at the rate of one and one-half o. . times theemployee's base rate of.pay,. Call back time 6ommences wlien' the employee reports to'work and ends ~hen the employee is releaSed from the work ass. igned. ,. · ARTICLE i2.':""" 'HOLIDAYSI ' ................................ 12.1 AuthOrized'HOlidays · . .... ..-. ~.. ~- -...-__-__' ._-_' - _ The followi, ng'are the authorized-holidays: (I) "January·il .(2). Third Monday in February (3) Last Monday in May (4) July 4th (5) First Monday in September (6) Second Monday-in October. (7) November 11th (8) Fourth Thursday in November (9) Fourth. Friday in November (10) December 24th (four hours) (11) December 25th (12) December 31st (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 followi.ng Thanksgiiing 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 oo approgal of 'the 'department head. £mployees shall be' entii:led tO'be c~mpensated for taki.n§ said discretionary holiday but shall not'accumulate discreti'onary holidays nor be compensated in the event the discretionary holiday is not taken.-. .. . When any of the aforementioned holidays 'fall on a Sunday, it shall, be observed on the followi.ng M6nday; any holiday' falli.ng on a Saturday shall be observed on the precedi.ng Friday. 12.2 · Holiday' P,ay . Regular full-time employees except for' personnel ass. igned tO' Continuo.u.s' operations, shall be'entitled to observe all authoiXized holidays at full pay, not t° exceed · eight (8) hours of any one '(1)' day, provided' they are 'in pay status on both their · r. egularly scheduled workdays immediately precedi.ng and followilng the holiday. .. 'Employees as§igned to continuous ope. rat ions , -' who - by nature of their ass. ignment · are unable .to Observe city holidays, shall be compensated for authorized holidays as follows- Stra. ight-time foF the'holiday and .stra. ight~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 ~,~ith this provision.as lo. rig as he is'not receivi.ng 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 illness or injury. -18- '12.3 Work Performed on'a'Holiday Except for employees'assigned to continuous operations' or as provided .in Section I2.~,.any regular full-time'emploYee who is required to-}toOk on any .-- 'authorized holiday'shall, in addi-tion'to receivi.ng r. egular pay for such holiday, , be paid at' the Overtime rate. . 12.4' ' dOi nt' se~or! P1 a~t' ' '~ol i d~' Sta ffin~ . In addition to the personnel'assi~he'd' 5n rotatiohal shSfts, tm }torke~ ~ay be . ~ assigned to ~ork at the lreatment Plant on ~ec~mber ~4 {one-half day)-and December 31 (one-half day) and the .. Fri day followi.ng Thank. sgivi.ng, said two additional employees 'to be compensated at holiday pay computed as followS: -. Stra. ight-time for.the holiday and'straight-time for the additional hours worked. The ass. ignment shall be made by.the' Superintendent.of'Sanitation, first relyi.ng .. on volunteers, and if there are no volunteers, then"on ai~.rotational system .o established by the-Superintendent of Sanitation; ARTICLE 13.' "'VACATION'LEAVE "13.1- Vacat~on'Leave Regular.full-time 'employees shall accrue vacation'leave as follows: Length of' 'Vaca'tion Hours'Accrued' - ........... ContinuouS ' Service. ' ....... -' Bi ~Weekly' '.' ' . ' 'Annoal' Eq_O~val ent, First full four'years .3.08 " i0 days After 4th.year " 4.62 . 15 days After 14th year '6.'16 20 days After 24th year 7.69 25 days 13.2 Deferral 2,n employee may, with the approval of the Department Head and City Man. ager, defer one (1) work week of his vacation leave to the s~cceedi.ng calendar year. The employee shall file written request to defer with the Department }lead. If the requirements of the service are such that an.emPloyee cannot take a.ll of his.... -19- vacation to which he is entitled ~n a calendar year, he ma), defer~ ~tl~ the approval of the ·department head, the Unused portion to the followi.ng year, pro. vided that no more than thirty (30) worki.n~j days of vacation can be ~ccumulat-ecl. Deferred vacation which is .not taken' during the calendar year immediately follOwi.ng the calendar year in which the Vacation leaVe was deferred shall be compensated~f.o.r._ ... 13.3 Schedul i ng .. /:" The times d~ri.ng the year at which an'/employee' Shall take vacation, shall b.e deter- mined by the department head with due r. egard for' the wishes of the emplO~/ee and .. particular r.e§ard to the needs' of 'the service~ 13.4 Pay Upon Termination Employees separati.ng from the City service shall be paid at their- current hourl~e salary rate for all' unused accrued vacation hours. No Such payment shall be made for vacation hours accumulated contrary to the provisions of these se~tfo~s~ · · ARTICLE 14. "LEAVE'PROVISIONS · ---':14.1 Sick Leave (a) Permanent.and probationary employees in Unit"4, except those .~ho work less than full time, shall be entitled to receive base salary for a period of ninety (90) calendar days from the commencement of a given illness or dis- ability' as compensation for sick leave. Said compensation is ~n lieu of any amounts employee is entitled to receive for Workers' Compensation or other income supplement sources existing by reason of the emplo),ee~s employment by City. Inconsideration of receiving said base salary for period, employee assigns to City all rights to receive Workers' Compensation or other income supplements arising by reason of employee's employment by City..' In addition, during said ninety (90) calendar days, City ~ll provide -20- previously .agreed upon health.~ dental and ~iife insurance. The City will also provide lo. ng term disability insurance for said employee which insurance shall provide, subject to terms and conditions contained 'therein, for the' . payment o'f two-thirds (2/3) of base salary 'after the expiral~ion' of the · ninety (90) calendar days described above. (b) After the expiration of ni'nety '(90) calendar days from the c~mmencement o~~' ,. a given disability or illness, the City .wil'l pay the employee, at the employee's o. 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. ". . . · (c) At"any time after the expiration of ninety (90) calendar days and before the. expiration of three hundred si.xty-five (365)'calen~lar days from the commencement of a given disability or il.lness, the City has'the r. ight to review the case of . . the individual' empl6yee and eil~her, separate'the"employee"from the citY's service -or continue employment beyond three hundred'siXty-five-(365) calendar days. · o {d} 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. Nothli.ng herein shall be construed so as to limit the employee's r. ight to receive'lo, rig term disability benefits under the Lqng Term Disability policy beyond the three.hundred sixty- five (365) day period. (e) Entitlement to use of'Sick'Le~ie' 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 commencement of the shift 'for which compensated Sick leave is sought, in accordance with departmental pol icy. -21- 2. Each'employee. on Sick leave.[for personal disability).must produce · levidence 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"thel'form of a certification by a medical doctor if' requested'b~ .o _ .a supervisor with.prior'notice to the"employee. It is the employee's . responsibility, if'requested by the Supervisor, to provide medical on a scheduled basis and/or,to keep the supervisor apprised of bis/her .. whereabouts at ali times duri.ng the worki.ng day'. 'If the employee, is ill or disabled for more than thrity-nine.{'39} work hours~;'the employee shall .. present to the City, lbefore returni.ng to work' a certification by a:medical doctor describi.ng the nature.and extent of the' illness or .disability and .. confirmi.ng that the employee has recovered sufficiently to' assume 1.ight · duty or has recovered fully. ~nd is able to.perform'r, egular wo:rk without · . any restrictions. _ _ 3, Notwithstandi.ng'-the for. egoi.ng~sect-ions-,--the.-City reserves th'e.i.~iOht to .. take such action as it deems necessary to confirm or verify actual · "illness or disability. -' ' (f) "Sick leave" as used herein, is defined as the period of time dur~.ng ~hich - . the employee suffers actual personal illness or disabili.ty'wh'ich necessitates· .. · his absence from employment. Sick leave is-'not a r. ight or privil.ege to be . Used' at the discretion of the employee. ' {g) Employees shall not be entitled to accumulate unused sick leave.· In accord- ance with the City's Personnel Rules and ~.egulations in effect as of July 1975, each employee will be entitled to payment'upon leavi.ng the City's service or upon request may defer such payment for a period of time not to exceed three hundred sixty-five {365} calendar days, for ~ick leave accumulated prior to -22- January 1, 1977, at the employee's existi.ng salary.for fifty percent; ~50%) 'of the days of accumulated sick leave, v~hich accumulated days of Sick leave oo shall not exceed one hundred"tWen, ty '(120) days. 'Said .right to payme,t is deemed a property r. ight which' ~hall not be"taken from'the employee without · . .o mutually .agreed upon consideration' If state Or federal legislation is ena. cted into law then mandati.ng a perCent, age other than 'the fifty percent'(50%) d6JT Scribed herein, then such mandated percent, age Shall supersede the p~rr:en~.age described herein, lhis sub-paragraph restates'the provisions contained in- . the Memorandum of Understandi.n§ dated the 8th day of duly, 1975-, approved by Resolution No. 95-75, adopted'by.the City Council on-the 8th day of July, 1975, and the r~statement herein does not modify the meani.ng or application thereof. " · .o. 14.2 Medical Appointment'Leave' . An employee shall be'entitled to. receive authorization~for leave, without loss of pay, for appointment with medical doctOrs or'dentists, such leave " shall be author- .~ized only~ for,the-actual time necessary for'the appointment and for traveling to and 'from .the appointment. 'Employees shall be required to ~ubmit a'pei-~onal' affidavit describi.ng the nature and need of such visits. The'City reserves the r. ight to confirm or verify any appointments'for'which. Such leave is authorized. 14.3 Emergency Family'Leave (a) Each employee may take up to four.(4) workdays.per year of leave without loss of pay in the case of'emerg6ncY situations where an'immediate family member (relative as defined in subsection {c)) must receive immediate medical attention due to a sudden, serious and actual sickness or disability (excludi.ng routine or scheduled doctor's appointments). Employees shall be required-to ..$ubmit~ doctor's certification. -23- (b) Each employee may take leave without loss of payI for the purpose of attending the funeral of any member of his _immediate family, as defined hereinafter, for the peri. od of three (3) workdays per ~ccurrence ~iithin the State of. California or five {5} workdays per occurrence outside the State of California. (c) As unsed herein, '.'immediate family" is defined to. be spouse, parents, 'broth~.~ · Sister,. grandparents, child,, mother-in-law, 'father-in-law, brother-in-law, sister-in-law, daughter-in-law-or son-in-law. In addition, the City ~-lan. ager may. grant the above described leave in the evenlY'of the illness o6 disability or funeral .of someone other than those persons designated if,-in the City Manager's opinion, 'there exists an extraordinarily close relationship between employee and such person. 14.4' Leaves of AbSence ! The Ci'ty Council may. grant an employee in a permanen, t position a leave of absence .. without-pay or benefits not to exceed one (1)-year. The,City Man. ager may. grant an employee in a p~rmanent position a leave of absencelV~ithout pay or.benefits not to -exceed--thirty {30} calendar days.-. A :reqUest for leave and the-reasons therefor shall be submitted in ~writing and must be approved by both the department head and the. City Manager. Upon expiration of' the approved leave, the employee shall be reinstated in. 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 discha, rge. 14.5 Maternity Leave Leave shall commence upon certification from the employee's attendi.ng physician that she is no longer capable of performing the duties of her position. . o . · . -24- . · Upon the advice of her physician, .the emploj/ee may request a temporary transfer to a less s~renuous or hazardous position carryi.ng the Same or lower salary .. which she is qualified to perform. Where such transfers have by practice, policy or negotiated .agreement been granted for temporary disabilities other than pr. egnancy, the transfer o'f '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', nothigg herein shall result in. the displacement or 'transfer of' other employees in - permanent positions or 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. or safely perform the duties of'her r. egular'position or'of one toI which she has been, . . · or could otherwise be, temporarily .transferred, the' employee may be required to under- .. go examination by a 'second physician, The cost of this examination shall be paid by the Cityandshall not be ordered.without prior approval of the appointi.ng authority. ~-The.employee shall be entitled to utilize sick leave benefits on ithe same basis as other classified employees who are temporarily disabled due to a non-industrial ill-. ness or injury. While 'the pr. egnant employee is on a paid' leave status, service credits shall, continue'to accrue and the City' shall continue payments toward group insurance and retirement cover, age. Upon expiration of the approved leave, the employee shall be. reinstated to her ,or~,~.r position or to a comparable one if the former position is abolished duri.n§ the period of leave and the employee would otherwise not have been laid off. Prior to the employee bei.ng reinstated, the department head may ~equir'e a statement the attending physician the employee is physically capable of resumigg the ~egular .. duties of her position. ~25- A~ employee may request a leave of absence as provided.under Section !~.4 at the cOnclusion'of her disability. 14'6' Military'Leave Military leave shall be granted' in.accord6nce with the provisions of applicable' · California state and Federal law. 'All 'employees 1.egally 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. modi fy the".employee's work 'schedule" to accommodate the. requirements applyi.ng to the leave. ARTICLE' 15 ..... HEALTH ~-AND' WELFARE 'PLANS · 15.1 Health' Ing~ance ...... . lh.e City shall provide a fully, paid heal.th insuriince plan at the'current benefit · level for permanent' full-time employees and their eligible dependent~ with the . Option available to the employee to Selec't--~he"m.'pl'ah' 'known .as the Kaiser "S" Plan . or the [lay Pacific Health Plan. · ... .... Open Enrollment': Employees 'may select on a yearly'basis to ch~t. nge health insurance 'camriers in accordance'with the pr6visions.of'the'group insurance cont~act~-. 15.2 'Dental Plan The self-insured pr. ogram of dent~al care benefi.ts existi.ng as of A..ugusl~_ 17, 1977, shall be .continued duri.ng the termlof this Memorandum of U. nderstandi.ng. The cost' of such plan for permanent full-l~ime employees and their eligible dependents shall be fully paid by the Ci ry. 15.3 Vision Care'Plan · . The Group Vision Care Plan, dated January, 1975, designated VSP plan B - Employee · and Dependent, with a ten dollar '($10) deductible shall be continued duri.ng the- .. ~26- · . term of this Memorandum of Understandi.n§. 'The'. cost' of Such ~lan for'.[~ermanent full-time employees, and their el.i§ible dependents shall he, fuller paid by the City. _ 15.4 Life'Insurance The term life insurance cover, age, includi.ng'accidental death'~nd di'smembermen~: }~hich has been increased to Seven'lhOusand Five.:Hundred'Dollars"{$7,500) shall ~e.. continued duri.n§ the term of' this Memorandum.of Understandi.n.§.. :Iho'~cOS~: of_guch plan for permanent.full-rime'employees shall".be' fully paid by' the City, 15.5 Long lerm'Di s~tbil i tS" Inst~rance . . A long-term disability'insurance' plan which, subject to.the terms and conditions thereof, shall provide for' payment .of two.-third$ (2/3)'Of" base .salary dur'~.n[I disability and shall be continued .at the'/:urrent'benefit le¥~ls duri.ng the term Of this Memorandum of Understand!n§. 'l'he'cost~of guch' plan 'for permanent full,--time .. employees shall be fully paid by City. "~' 15.6 Retirement .. The benefit contract in effect between the City of' South San FranCisco an4.the . Public Employees' Retirement System (PERS).in 'behalf of'eligible'permanent full- time emPlOYees of this Unit as of A. ugust 17, 1977,. shall b6 continue4 dura.rig the . . term of this Memorandum of Understandi.n§. 15.7 Rei~i~ree Health'Plan City agrees to provide employees retiri.ng with a'service retirement thrqugh PERS with the same or as near equal health cover, age 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 C~ty for ten (10) years, s/he is eligible for employer payment of the aforementioned health insurance for the rest of his/her life.. -27- If said employee retires under the .age.of 65, s/he must have~ in addition to the ten.'{.lO) years~ accumulated one'{l) additional year for each year under the'.age of 65. ^RI ICl_ £' 16 · . · 16.10bservane~ ' Of' safety' RO1 ~ ' ~nd ' R~gO1 a.tions_ - ;~7-~ - Both the City and Union shall expend every effort to ensure .that work is performed with a maxim.urn degree of safety, congistent with the'requirement to. conduct effici6nt · operations'. ' ~ · Each employee covered by this Memorandum .agrees to comply with all safety rules and · r. egulations in effect and any subsequent rules and'r, egulations that may. be adopted. · Employees further .agree that they will report all 'accidents and safety hazards to o. 'the' appropriate man]agement official immediately. Any employee havi.ng kno~leflge of or who is- a witness to':an accident shall, if.requested,~ give full truthful testimony . ,. as tO same. '- · . .. 16.2 Safety'PrOgPam .- . .. -q'he City has established a Safe~y pr. Ogram; and representatives of the Unit shall serve on the'safety committees. . 16.3 Safety' Eqoipment The-City shall continue to supply employees ~,~i'th safety equipment required by the City· and/or CAL OSHA. All employees shall use. City supplied safety eqOipment, only for the p~rposes and uses specified 'under applicable 'safety rules and r. egulati~ns. ART!CLE 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, -28- ~willful n. egl.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, misstateme'nt of fact on an application or other personnel document,' ,falsification of records,, unfitness for duty and absence without authorized leave. Any discha, rged, suspended or demoted employee, or an employee whose salary has been reduced for'disciplinary reasons, shall be furnished by ~._~ reasons for such action in writing. In the even~ an employee feels that the · ?' discha?ge, 'suspension, demotion"or ~alary reduction is unjust, s/he shall have the right to appeal the case thrqugh the grievance procedure within five .. working days from the date of th~ actual disciplinary'action. 17.2 NotiCe of'DisaiplinaPy'Aation .. The City shall provi'Oe 'the affected employee with'written ·notice prior to taki.ng · . disCiplinary action, except where circumstances'dictate the City .taki.ng i. mmediate · . . action'to remove the employee from'the Work place. In such cases, ~ritten 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 sh'all be'served on the employee personally or by r. egistered mail, return ' recei pt, . wi th a'copy of the notice to be placed in the employee's personnel file. The written notice shall contain 'the followi.ng information: a...The type of disciplinary aCtion. .. b. The effective date of the action. c. The reason or cause for the action. 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 ~,rriti.n9, to the authority initially imposing the discipline. -29- 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. I~here immediate disciplinary action has been imposed, such action will not become final until the aforementioned notice has been furnished the employee and the employee has been provided no - .less than five (5) working days from the receipt 'of the notice' to respond to th.: authority initially imposing the discipline. .2' -o Once the proposed disciplinary action has been imposed, the.affected employee shall have the right' to appeal..Such appeals shall be filed directly at the fourth step of the grievance procedures set forth in'Article 18 Of this ~Iem°- randum. P. robationary employees may be discha, rged for any reasons which, in the sole opinion of the City, is just and sufficient.· Such discha, rge shall not be subject to the grievance procedure, except under the conditions specified in Section-7,2 of this Memorandum' of Understanding, . _ . ARTICLE 18. GRIEVANCE PROCEDURE 18.1 'De'finition of'Grievance A grievance shall be defined as any dispute'which involves the interpretation -. or application of any provision of this MemOrandum of Understandi.ng duri.ng its term, ·excluding all ordinances·, resolutions, rules and regulationsj the'contents of which are not specifically covered by the provisions of this Memorandum of Understanding. Such exclUded ordinances, resolutions, rules and r. egulations shall not be subject to a grievance procedure. 18.2 Steps in Grievance Procedure Step 1 - An employee· who has a grievance·.shall bri.ng it to the attention 9f bis immediate supervisor/division head within five {5) working days of the 'occurrence -30- of the act which is the basis of the dispute. 'If the employee and the immediate supervisor/division head are unable to resolve the grievance at'this ste~ within 'five (5) workin~ 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 p~ocedure alleged to have "been~ Viol ated. 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 processi.ng of the grievance. ~ ' However, in no event shall an employee organization other than the .... · -one which formally represents the position occupied by th~ grievant -' -':--.-be des. ignated as the grievant's representative. Step 2 - An employee dissatisfied with the decision 6f the immediate supervisor in Step i, may submit the grievance in the manner provided above to his department head within seven (7) worki.ng days from the date 'of the immediat~ supervisor's decision. The department, head shall respond to the grievance in writi.ng within seven (7) working days from the date of its receipt. Step 3 - If the employee is dissatisfied with the decision of the department head in Step 2, he may submit the grievance to'the'City Manager within ten (10) working daYs from receipt of the department bead's response, lhe City 14anager'or bis - · -31- "designated representative, shall respond to t~e grievance in writing within ten (10) working 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 Manage 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 rec~eipt of the Manager's decision, lhe City ~anager shall provide written notice of the appeal to each Board Member, to the department head and, where applicable, the employee organization' 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 meeting following receipt.~of the appeal, but in no event later th~n the second regular 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 hearingon-the matter within-f-ifteen'(15} working days from the '~ate the appeal is .filed..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 according to'technical rules relating to evidence'and witnesses. The Chairperson shall retain final authority to rule on procedural matters or on other points which affect the length and conduct of the hearing. The Personnel Board shall render its decision in writi.ng ~ithin fifteen {15) working days following the close of bearings and shall furnish copies -- .of such decision to all parties involved. The majority i~indings of the Board shall -~32- · ~e binding except in instances where they 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 entertain, nor hear, · or make recommendations on any dispute unless such dispute falls within the '~-": - definition'of a grievance, as set forth .in Section 18.1 above. · · 18.4 - Proposals to add to or change-this Nemorandum of Understandi.ng or . written .agreements lor addenda supplementary heret°', Shall not be grievable · and no proposal to modify, amend or terminate this I. lemorandum of Understanding . nor any matter or subject arising out of or in.connection with suJh 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 empl oym~nt. ~ '~ ---18.5 - All. grievances involvi.ng or concerni.ng the.payment of compensation shall . be initially filed in writing'with the department' head. In such Cases no adjust- . · merit shall be retroactive for more than thirty (30) days from the date upon which · the grievance is filed' Only. grievances which, all.ege that employees 'are not being compensated in accordance wi'th the' provisions of this Memorandum of Understanding shall be considered grievances under ~Section 18.5. Any other matters of compen- sation are to be resolved in the meeti.ng and 'conferri.ng process, and if ~ot detailed in a Memorandum of Understandi.ng which may result from such meeting and conferri.ng process, shall be deemed withdrawn until the meeti.ng and conferring process is next opened for such discussion. ' -33- '"ARTICLE 19. APPRENTICESHIP lhe Union and the City agree to implement Stationary Engineers Local 39 Apprenticeship Program as soon as the details of .such program can be agreec~ upon. ARTICLE 20. REST BREAKS Employees shall be entitled to one (1) fifteen (15) minute rest break during each four (4) hours of an assigned'she"ft. Such rest breaks shall not be accumulati've and shall be taken at a time when the work schedule permits. - ART I CLE 21. AUTOMATIC PROGRESSION 21.1 Treatment Plant Operator I t° II Union and City agree that all current employees' and any future employees hired . as Treatment Plant Operator I shall, as hereinafter provided, automatically progress to Treatment Plant Operator II. Current Employees '- Any employee curren-tly-6nipl6yed as a Treatment Plant Operator who' has in his possession a valid Grade II Wastewater Certificate issued by' the . : State..of California, shall be immediately advanced to Treal~ment Plant Operator II, in accordance with current' City practice and the applicable provisions of this Agreement. Any employee currently employed as a Treatment Plant.Operator I or future-employees hired as a Treatment Plant Operator I shall, upon receipt of a valid Grade II Wastewater Certificate issued by the. State of California be in~n, ediately advanced to Treatment Plant Operator II in accordance with current City practice and the applicable provision of this .Agreement. Current employees and employees hired as a Treatment Plant Operator I, as a condition of continued employment, must obtain a valid Grade II Wastewater Certificate issued by the -34- State of California within four (4) years from the effective date~of this Agreement or date of hire as a Treatment Plant Operator I, whichever occurs later. 21.2 Maintenance Worker I to II A Maintenance Worker I who meets the qualifications for Maintenance Worker II, shall be eligible to automatically progress to Maintenance Worker II in accordance with current City practice. Current employees, as of the date of agreement:~ shall be allowed to count prior'service asa Maintenance Worker I toward the qualifications. ARTICLE 22. PAST PRACTICES AND EXISTING' MEMORANDUM OF UNDERSTANDING 22.1 -' Continuance of working conditions and'practices not specifically provided herein, Shall not be guaranteed by this Memorandum of Understanding. 22.2 - This Memorandum'of Understanding shall supersede all existing and prior Memoranda of Understandin. g between City and Union, Personnel I~ules, ~Regulations, Resolutions and Ordinances. 22.'3 --No changes 'in this Memorandum of Understanding or interpretation thereof (except decision of-the Personnel Board and City Council in accordance with~the applicable sections of this Agreement) will be recognized, unless . · agreed to by the City Manager and the Union. .. ARTICLE 23. EMPLOY'EES COVERED Provisions of this Memorandum of UnUerstanding apply only to the employees represented in Unit 4. ARTICLE 24. · ' SEPARABILITY OF PROVISIONS · Should any section, clause or provision of this Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such -35- ...L;L S. . RESOLUTION 'NO. 5_878 CITY COU~-ICIL) ,CITY 0F SOUT[[ SAt,! FRANCISCO) STATE OF CALT~OR~I A RESOLUTION APPROVING I-IEMORA}IDUH - ". OF UNDERSTA~IDIMG BET%']EEbI EHPLOYEK ~D EH?LOYEE REPP, ESEI,ITATIVES - BE IT RESOLVED by ~he City Co,cia.of the City o~ South . S~ F~ancisco That 'The Memorandum of Undemse~ding .. mediation of Zhe dispute between Cit~' a~]d employees.d~a~ - made ~ part hereo~, having.bae~, entered into B~;~. ihe'~*-~''''- , . . e~loye~ ~ep~esentativ~s-/'~d employee ~ep~ese~t~ives}- . ha~g been duly considered by {he Council, the'¢o~~l does . . . "he~eby"app~ove-said Hemom~d~ of Undemst~ding'. . . .-' ~ ~ - .~ ~- _ - . . . . . I 'hereby .certify that ~he foregoing . . , . , · . ' ' :~-~ula~lY-i~.~oduced ~d adopte~ ~y ~he. CiTy of South Sm Fmanaisco-at. a . -- spedal '.. meeting . . held ,on ~The 28th ' day of . June ' ~.. 19,'~ ~. ~y- ' ~ha folloi~in~' vote- · AYES ~ COU?~ CI L~IEN . ABSENT . · Patrick E. Ahem, 'Gc~rdon T. Bobl it-f. ~'{i I I iam A. Borl~a anti F. Frank · t//arren $'J-ei nk~mp ATTEST: EXHIBIT "A" · ' HEt~OP~UM OF UNDERSTANDING o o ' · THE UNDERSIGNED employer and employee reProsen,a, ivo~ afflrm'thag they haVe met and conferved In ~ood falfh, exchanged proposals and- . . ~un~eF proposals, and In al I respects' ful fi l lad"[halF obi [g~fions- ~oT ~nd 'c~nfor regarding ghe-mat~ers hereinafter set-fo~h~ a~cept~c~ and approval of which the representatlces ~greo to reco~nd ~ t~plr -. . . ' -. ' . CiTy o¢ Sou~h San Francisco" .. . :. ' ' -.. .. ' *'The City of Sough San Francisco shall n0~ Contract or sU~con~rac~ . any parson, firm, partnership, corporation, or combination ~hereof, any se~ico or ~ork traditional ly. performed by employees ' In addigion,.~ny ne~ service 'provided go ghe'ci'~izenry by '~h~ ' sh~ll only be ~f~rmed bY employees hired by the. City .under ~h? ' . 'Porsonnol Rules and Regulagions~" " ' -' - - . - - .. . . . . - * .~EREAS, 'ihe City holds, the o~Inlon thag I~ has th,. -*he me~hods' by 'which exlsiig9, and new s~rvlces ~]re ~; be performed; inCl%dihg . e . . ~ . . lng lay-offs' transfer~ or other acts affecting CiW empl°YemenT, WHEREAS, gho employee and employer represeniagives al ~hls $tr, a regarding said concepts and/or provisions and desire fo explore and · develop said concepts through the process of mediation as provided'ia Govern'mai- · Code Soctton 3505.2 wlth iho ~edia'Plon n°t being blndin9 on either party until ~rsald' concepts and provisions are mutually agreed gpoa and pending completion of Exhibit "A" to Unit 4 Memorandum of Under- standing for 4uly 1, 1979 - J~ne 30, 198l ' - H lift r~ Il] sa|-.d msdlaHon no ay-offs will bo made by g!~y for the pur. po$~ of contracting · c'~' .or submntractlng ~ith any p~rson, firm, parfnershlp, corporation 9r com~lnatloa [-- ~heroof for any servide or work now performed by employees of the ! - e. · _ MOW, THEREFORE, IN CONSIDERATION OF THE AFORE.GOING PREMISES:, IT IS · AGREED AS .FOLLOHS: .. ' ' '. _ - That ~h~ pa.~les shall submit The matter c°ntal~ed In. fh~ recl'ta~:g' ~bow ~o ~d[a~lon prusuan~ to ~vernmen~ ~de'Sac(lon 3505.2. - - ~' s ' ' l~ ~ITNESS ~HEREOE ~he parties' hereunto have executed . , , . of Unde~andJnfl in ~ho City of South San Francisc0. California, as of ~hls , 26"th day o~ June, 1972. o . · I~HPLO¥~R REPRESENT^TIVEs '' _i/ _- fl~it'y·Manager; L;iTy Of. SOUth San Francisco /.. . ., ] '._ . l+y Attorney, City of South San Franciscc . ' EHP[OYEE REPRESENTATIVES ' . }4ich~l O'Kennon,. Local 1569 AFSC&ME~ AFLL Exhibit "A" to Unit 4 Memorandum of Un.~erstanding for July 1, 1979 -. June 30 Frank Gi I I is, Local 57, AFSCI4E. AFL-CIO Robert Potorson, S.S.F. Municipal Employee Associated wl-l'h HEBA - ~n Hudnal-I', 14ar i'ne - g' neers ~' Benof ici a] . - ~d tiill., Interaational Fire Figh?ers Assn, EXHIBIT "B" UNIT 4 - BASE RANGES EFFECTIVE IN THE PAY PERIOD WHICH INCLUDES dULY 1, 1981 CLASSIFICATION Mechanic, Water Quality Control Plant Mechanic/Electrician, Water Quality Control plant · . _ .~ Industrial Waste'. Inspector Treatment Plant Operator II Assistant Mechanic/ Machinist Laboratory Chemist, Water.Quality Control Plant Treatment Plant Operator I Equipment Operator/Service Worker Mai ntenance Worker I I Mai nten~nce Worker I Apprentice Operator: . - _o After 'completion of. Sth 6 .mos- Journey Level 'Scale .... 8th 6 mos. 95% of Top Step Journey Level ?th 6 mos. 90%" " " " " 6th 6 mos. 85%" " " " " 5th 6 mos. 80%" " " 4th 6 mos. 75%" " 3rd 6 mos. 70%" " 2nd 6 mos. 65%" i, ,, ,, ;, 1st 6 mos. 60%" " " " " . RANGE 1066 1066 1032 978 978 9~3 912. 896 ~'19 '978E 930E 88IE 832E ~'83E 73a,.E 685E 636E 587E ,.. COP;' 'Tg': ' "'~. '' l..'.r. Aiello ~. · ~ , · :.Ir. Sci~e;-;i ~i n9 ~ -' ~ ~ Local 1569 ~ - Council 57 .. So. S~n Francisco AFSCt.:E (AFL-CIO) · o · · - . 1.569 1.Ii l 1 i am :.lal one 123 So. Magn'o S6. San Franciscd,. . -"=~-'~ ..... =p-I _,._nt - From- E.'W. K~nn~y' Bus'~-=-; ~oun~il ~7 and. Loc~ 1~69 . , ~...=~ Raprasan tative - ' '- ------'t" ' - ._ -.-- ~-~ ' '~ ......... '-*~"' *h- City ~"~ ..... ' ' ' c::.~=%5;n'.to t;;~ C~;y. r~"--~l for"-'-'"' . a~.w~ll ' . -.:-. '~ ' '"~ ...... ~-" ~k~ d~ - ' ' '-'-'.~" gy:~e '' '"" rota~a :th~ shi[ts. As ~ ~rem~. _-- :%- d~i']~ ~he six .._~., r~qu~,~u ~o . far ..... '' --' ,.cl.:.> ~rovisian for'- ' :' th~ a~playe~ to-raceive th~ sa~ pay for 2B daYs ~:orL~ :t~at h~ is re- ceiving for 30 days. This is an equiLaale and 9eam'ous arrangement. " sa-~psration frc. r.~ the employe,~s ui~i~ reqard to :-,'chudoiing th.:ir vaca- tions and t.:e trust this will -:;~, forthcom'ing. Bue credit fo:' this · · -~ p:'o.sress to date belongs lo !-h:':.$rs- Aiello, Sch;:eininrj and.!'etersm:. -. 1'1~ ~ook. 'for~;~ard to ass..'.~,.=m: e,.-"'- ,'.[ the ruca:"..s:;e:~dl, t.i,m !,7 the Cotincil-. . - Exhibit "C" to. Memorandum of UnderStanding- for July 1, 1979- June 3D, 1951 - o · . December 13~ 1962 - C TV couq.C. L ............. ECT=___ ' Workinq Schedtfle.~ '_S.a_nitation Department__: . ~=___. _ . City [.lanager " . CO~?-q :-:oPkimg scm_~ si>: percent !ess time for ~.be $.~.e .~mney. .. Sck~l~ 5n !h~s re~ard iff a-tt~cSad her,tom' ' :" '.' , . . . . .. ~-.- ..... ~.~,,~ ~t a [[55. Thi~'.cxnd~t[on ~:~ul~ ~2':~:e~ a "' ...:~,,,>..-.t~=~.. :-las ~ld {-~i~.h ~epresent'a%1ves of 'th~ Ba~o~. ' - . ' lsc:l. 7e~rdi~3 ~ays oF '~.~or~ for Se,~xage' Tr~at~e~[. Pl ant · ~mploy~s,- A j~e':z sclmdule has .be~l~ ,~;prked ou~.~-;~;ereby. ' as d~n-~d by the Uniqn. ~his, in eFFect; mans that-.. ~:h e:.~loyee'af the :-~,-,--~ Tra~2nt Plan~ ~i11 b~ - Lions ~.~ill be saken as stated above and in a manner to make ~-;orkable the schedule. " · . ; o . .Eugene Aiel Io, Ci ti' Manager Exhibit "Ct' to Un. it 4 Memorandum Understanding for July l, 1979- ~une 30, 1981 . .~:c~l i569 S~. S~n Frsncisco E. }! Kenn~y, Rus~ne-.,~ ' :;orkin[l Schedule and Yacat?on Schedule, Sanitation Ja. nua~:~' 3. t963 City Council' slo City I:ianager . - ;ity of So. San Francisco · . . . Oanuary' 2, lgfg · · - .- _~. Sani t-~tion. Lasal 1559 ' I -~ '-~-'~.~ ~..'e~,.-.rand-m- dated '- ] '-ccsrd-'.r..~e u! th she City :J~,-,,=~"s. _n~_r-Or, ~csz'~er 13, t-952, the Union s~re~s that', as a consideration for the .- ' ........ · n !:aepln~ ,xi~ the :-~ 2~ ~;It'--~ ~'~:~"~ I_~'"'"~';1'.~ . . ...~,.., -- ' _ =~ unde}-st~ad 'that i.~r. c-~"~-i~g has '- of 5~a :~zratlan ~nJ U:a aniploy'ees. - - --. ' ' " . Very b~uly yaur~ . E. W. Kenney, Business Representattv~- for Local 1569 and Council 57 I,li t,~esseJ by: S,.;uerage Treatment l"lant. .utes of al! e.;~pioyees aff(~cted ~,y tl:i~, w. atter appear on e s i ~e 0 [- ti~'is ~et.ter. ) ..,. · . Exhibit "C" to Unit 4 Memorandum of Under- standing f6r July'l, 1979 - June 30, 1981 DAYS 0"? W~'EK,.~ DAYs OF MONTH - o . '! ~ · i I . · ~ ~/1~. i~ · ....v - ._ '. _ - w_ _ - I . invalidation of such section, clause or provision shall not invalidate the remaining por. tions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of such invalidation, the parties agree 'to meet and confer concerning substitute provisions for provisions :r~ndered or declared illegal. ARTICLE 25. TERM OF MEMORANDUM OF UNDERSTANDING This MemoranUum of Understanding shall become effective only upon. approval· by . the City Council and upon ratification by the members of Unit 4 and remain in full force and effect to and including June 30, 1982. INTERNATIONAL .UNION OF OPERATING IENGINEERS, STATIONARY__LOCAL NO. 39 "APPROVED BY CITY COUNCIL RESOLUTION NO. 142-81 ADOPTED 11/18/81" -36- · .