HomeMy WebLinkAboutReso 7-1982RESOLUTION NO. 7-82 -
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
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A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF
UNDERSTAND lNG, Ui!l IT #3, FI ELD AND OFFICE EMPLOYEES
REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, LOCAL 1569, AFL-CIO, JAN-
UARY 1, 1982, THROUGH DECEMBER 31~ 1982.
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BE IT RESOLVED by the City Council of the City of South San Francisco
that the Memoraundum of Understanding with Unit #3, Field and Office Employees,
represented by American Federation of ~tate, County and Municipal Employees,
Local 1569, AFL.mCIO, for the period including J.anuary !, 1982, through December
31, 1982, a copy-of which is attached as Exhibit "A" and incorporated herein by
this reference as if set forth verbatim, .iS;hereby accepted and approved.
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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 Understadding
the fol lowing:
"Approved by City Council Resolution No. 7-82adopted ~a~iUary 6~.
, 1982"
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
regular meeting helct on ±h~ 6th day of January , 1982, by the
fo ! :cw ing vote-
AYES:
NOES:
ABSENT:
Counci.lmembers Ronald G. Acosta, Hark ;1. Addiego, Emanuele N. Damonte,
Gus ~licolopulos; and Roberta Cerri Teglia
None
None
ATTEST: C i ty C 'i~
~,I~IORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SOUTH SAN FRANCISCO
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AND m '
UNIT 3 - FIELD AND OFFICE ENPLOYEES
REPRESENTED BY
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, ,LOCAL 1569,
AFL-CIO
January 1, 1982' December 31, 1982
TABLE
OF
CONTENTS
SECTION
Preamble
Recogni tion
Union
2.1
2.2
2.3.
Security
Dues Deduction
Communications with Employees
Advance Noti ce
PAGE
NUMBER
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2
2
2
3
a,
Management Rights
3.1 Mediation
3
3.
No Discrimination
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Union Stewards and Official Representation
5.1 Stewards
5,2 Representative.of the Union
5.3 Access .t~ Personnel Files
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4
5
5
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Salary
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6.2
6.'3
6.4
-6.5
6.6
6.7
'6.8
6.9
Plan
Increases During the Term of this MOU
Salary Plan Administration
Salary Plan Administration,
Salary Plan Administration,
Salary Plan Administration, or Demotion
Temporary Opgrading- Like
Salary Plan, Pay Periods·
Longevity Pay Plan
Deferred Compensation
Original Appointment
Advancement within Salary Range
Salary~Step After Promotion
Work for Like Pay
5
7'
7
7'
8
8
8
9
9
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Probation Periods 7.1 Duration
7.2 Rejection
7.3 Promotional
Probation
10
10
10
8'. Transfer, Promotion
8.1 Transfer
8,2 Promotion
8.3 Employment Lists
8.4 Time Off for Examination
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10
10
11
11
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10.
SECTION
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Reduction in Force/Layoffs and Reemplo~/ment
9.1 Council Determination
9.2 Seniorit~
9.3 Order of Lay6ff
9.4 Notice of Layoff
'9.5 Reassignment in Lieu of Layoff
9.6 Layoffs
9.7 Layoff. Reemployment/Reinstatement Lists
Resignation and 'Reinstatement 10.i Resignation
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10.2 Reinstatement
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12
12
12
13
13
13
14
14'
11.
Hours
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11.1
11.2
11,3'
11.4
11.5
of Work,' Overtime
Workday
Workweek
1i.6
Work Schedule '
Flex Time
Adjustment to Working Hours .fOr' Office 'and Clerical
Workers
Overtime
11.7 Call BaCk
15'
15
15
16
16
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12.
Hol i days
12.1' Authorized Holidays
12~2 Holiday Pay .
12.3 Work Performed on a Holiday
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18
18
13.
Vacation Leave
13'.1 Vacation Leave
13.2 Deferral
13.3 Scheduling
13.4 Pay Upon Termination
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19
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14.
Leave Provisions
14.1 Sick Leave
14.2 Industrial Disability Leave
14.3 Family Leave
14.4 Leave of Absence
14,5' Maternity Leave
14.6 Military. Leave
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21
22
23
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SECTION
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 Term Disability Insurance. 15.6 Retirement
15.7 Retiree Health Plan
16. Safety ..
16.1 Observance of .Safety Rules and Regulations
16,2 Safety Program
16.31 Safet~ Equipment
PAGE NUMBER
24
25.
25
25
25
25.
26
26
26
17. Discipline
17.1 Action by City
17.2 Notice of Disciplinary Action
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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-G.r~evable
18.5 Initial Filing of Grievance Related to Compensation
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19. Protective Garments for 'Inspectors
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20. Past Practices and ExiSti'ng'MemorandUm'of':Understanding.
20.1 Workilng Conditions/Practices not Guaranteed
20.2 Memorandum of Understanding supersedes Prior
Agreements, Rules, Regulations and Ordinances
20.3 No Changes 'Without Agreement
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21. _Employees Covered
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22. Separability of Provisions
3¸2
23. Term of Memorandum of Understanding
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EXHIBIT "A" - Memorandum' of Understanding re- Mediation
EXHIBIT i'B" - Pay Ranges
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PREAMBLE
THE CITY OF SOUTH SAN FRANCISCO (hereinafter, City) and lJn~t 3,
Field and Office Employees, represented by American Federation of State,.
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County and Municipal Employees, Local 1569, 'AFL-CIO, acknowle, dge and
affirm that-they have met and conferred in good faith, excha.nged proposals
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and Counter-proposals and in all respects fulfilled their obligations under
law to'.meet and confer in good faith.
CITY and Unit Representatives acknowle, dge that (1) prior to January 1,
1982, the parties commenced n. egotiations for salary increases and benefits
for Calendar year 1982; (2) n. egotiations have been completed and the members
of Unit 2 do accept the n. egotiated w.a§es and benefits hereinafter set forth
for the period of January 1, 1982 to December 31; 1982, 'and the effective
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dates as herein provided.
THIS MEMORANDUM OF UNDERSTANDING is the product of the above-described
meet and confer process. Representatives of the City have agreed to present
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this Memorandum to the City Council for determination and RePresentatives of
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Unit 3. have agreed to present this Memorandum to their membership for acceptance
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and approval.
"Approved.by City Council Resolution
No. 7-82. adopted 1/6/82"
' Section 1 - RECOGNITION
Union'ReCognition: .American Federation of State, County and MuniCipal
Employees, Local 1569, AFL-CIO, (hereinafter referred to as the Union), is
recognized as the majority representative as provided in the City's Resolution
No. 135-79 adopted. December 4, 1979, for all employees in classifications
assigned to Unit 3. ~
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Section 2 - UNION ·SECURITY
2'.1 Dues Deduction- The Union may have the regular dues of'its members,
within the'representation union, deducl~ed from employees' pay checks under procedures
Prescribed by the City Finance Directorlfor such deductions. Dues deducted shall
be. made only upon signed authorization from the employee upon' a form approved by
the CitY, and shall continue (1) until such authorization is revoked' in writi.ng,
by the employee; or. (2) until the transfer of the employee to a unit represented
by another organization. Employees may authorize dues deducted only for the
'organiZation certified as the rec. ognized employee qrganization of the unit to
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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, including 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
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to i~he Union on a bi-weekly basis and include verification that receipt was by
registered mail.
The City Finance Director shall accept authorization for dues deducted ten
(10) working days prior to the close of a pay period.
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2.2 Communications with'Employees- The Union shall be provided reasonable
space on bulletin boards at such work sites for'posting notices concerning official
Union business. All such notices must receive prior .approval from the Department
or Division Head before posti.ng.
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_2.3 Advance Notice- Except as. provided below in this subsection, the Union
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shall be §iven reasonable advance written notice of any ordinance, resolution~
rule or r. egulation directly relating to matters within the scope of representation
proposed to be adopted by the City and shall be given the opportunity to meet with
the appropriate management representatives prior' to adoption.
If public safety, welfare or an eme. rgency.'reqUires any of the said acts by"'~he
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City without such notice, 'the City may take such action and concurrently therewith
§ive notice thereof, which affords the Union a '~easonable time thereafter within
which to meet with man. a§ement representatives. ·
Section 3 -"'MANAGEMENT' RIGHTS
To in.sure .that the city is able to carry~out its constitutional and statutorY
functions and responsibilities, nothi.ng contained'herein shall be Construed to re-
'quire the City' to meet and confer on matters which are sol'ely a function of man. agement,
includi.ng but not limited to the right to direct the.work force; to select and
determine the number and types of employees required; t° determine the content of
job classifications;' to hire, ' transfer, promote~.suspendj~ discipline and discharge
-employees; to ass.ign work to employees in accordance with the requirements determined
by the City; to establish and change work schedules and assignments; to lay ~ff
employees 'for lack of work; to expand or diminish services; to subcontract any work
or operations; tO determine and change methods .of. operations; to determine and change
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work locations and the processes and materials to be employed; to take all necessary
actions to-perform its functions in emergencies..
3'.1 ~Mediation' City and Union, on June 26, 1972, entered into a Memorandum
of Understanding which was approved by the City Council on June 28, 1972, which
Resolution No. 5878, a copy of which Resolution and Memorandum of Understanding
are attached as Exhibit "A." City and Union agree that the matters therein provided
for mediation shall be submitted to'mediation.within a reasonable time.
SEction 4 - NO DISCRIMINATION
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There shall be no discrimination because of race, creed, color, national
origin, sex, sexual preference, marital status~ ancestry or 1.igitimate un~on
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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 City; and to the extent prohibited by appl~icable state and federal law,. there
shall be no discrimination 'because of .age. There'shall be'no discr~minai;ion .against
any handicapped person solely because of such handicap'unless that, handic'a~ prevents
the person from meeti.ng the minimum standards established.
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Section 5 - UNION ' STEWARDS ' AND ' OFFICIAL ' REPRESENTATIVES
5.1 Stewards- The Union shall be entitled to a reasonable number o.f stewards
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who shall restrict their acti~ities to the processi.ng Of. grievances and shall be
allowed a reasonable amount of time for this'purpose. 'The Union shall notify the
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City Man. ager, in writi.ng, of the names of the Stewards. '
Stewards shall obtain permission from their supervisOr before leav~.ng their
work stations'to r'esolve grievances and shall report back to their supervisor before
returning to their work stations. This' provision shall not be used to prevent the
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Stewards. from their duties or obl.igations set forth in this Section;' provided however,
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%hat the use of time for this purpose shall be'reasonable and shall 'not'interfere
with the requirements o'f the City's services, as determined by'the Ciry.
In the event 'the City determines that "Stewards" are abusing [he provisions of
this Section, the Union agrees to meet with the City, immediately, to.inves~.tgate
the City's complaint and to assure full c~mpliance by ~Stewards ~ith the provfsions
of this Subsection.
Whenever an employee is required to meet with 'a supervisor or management
official and the employee reasonably anticipates that such meeting w~ll involve
questioning leading to disciplinary actio.n., .the employee shall be entitled to have
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a"Steward and/or Union Representative present upon request. In the event the
employee desires the presence of a Union RepreSentative, the City will contact
the Representative to arra. nge a'mutually'acceptab!e time and day to hold the
meeting. Once scheduled, the City shall not be required to reschedule the meeting
for the convenience of the Union Representative.'
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5.2 Representative'of'th~'Uhion- The Union shall provide the City with a .-
written list {not to exceed five individuals} 'of'their authorized representatives
and any cha. nges thereto..An authorized representative of the UniQn shall be allowed
to visit the work llocation for the purpose of ascertaini.ng whether or not this
Memorandum of-Understandi.ng is bei.ng observed. -This right shall be exercised
reasonably. An authorized representative of the Union shall report to the Depart-
ment/Division Head before proceedi.ng to the work location. He shall not interfere
with the.normal conduct'of work. Activities such'as the soliciti.ng of membership,
collection of dues, holdi.ng membership meeti.ngs, campa.igni.ng for office, conducti.ng
elections' and distributi.ng literature is strictly prohibited, during ~.~orki.ng hours
)vi thout prior approval of the City Man. ager.
5.3 'Access to Personnel IFiles' An employee or; on-presentation of ~ritten
.authorization from the employee, an employee's' representative' shall, have excess
to the employee's personnel file upon request.
Section, 6 - SALARY pLAN
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6.1 Increases During the Term of'this-'Memotahd~m'6f'undergtanding-
a) Commencing January 1, 1982, the 1981 base salary for each classification
in Unit 3 shall be increased by three percent-{3%), except for Printer I.. Printer I
shall be increased to a base salary range equivalent to Maintenance Worker III.
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b) Commencing January 1, 1982, 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 contri-
bution. For clarification, the employee's contribution to .PERS will be reduced by
the City from seven, percent (7%) to zero percent C0%) The City's assumption
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of the employee's payment to PERS shall be under the authority of this Memorandum
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of Understanding and .any applicable government'code provisions which .permit this
payment without amendi.ng the retirement contract with PERS.
c) It is understood that employees who are', or will, retire with a service'
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or disability retirement, shall be allowed to make a one time, irrevocable conve~siO-n
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of the City'-s contribution, bei.n§ made on 'their behalf, to base salary. The
conversion s~all be to the range number specified in "Exhibit B," as attached, under
the column entitled Retirement Ra. nge.
Employees who wish to exercise this one i~ime, irrevocable conversion, must
meet ~he followi.ng, requirements: ..
1. 'SERVICE'RETIREMENT. Minimum fort~ seven (47)'years of .age,
and will be retiri.ng no_later than three (3).years from date
" of conversion.
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2. DISABIEITY'RETIREMENT. (Industrial or Non-Industrial)
Eligible for disability retirement with conversion to take
...... place one-day prior to the actual-date of retirement, or
the date upon which an employee is determined to be permanent
and stal~ionary and/or an application for disability r-et~rement.
is made, whichever 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 including,
but not limited to, benefit contributions, overti'me, holiday pay, and C~ty contri-
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butions to PERS.
The costs owed to the C~ty w~ll be from the time of conversion to the actual
date' of retirement.
' 6__.2 Salary Plan Administration; Employees .ocCupying a position in a
classification covered by this Memorandum of Understandi.ng shall be paid the
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base salary range or retirement ra.n§e, whichever is applicable, specified for
their classification, as contained in Exhibit "B" entitled "Salary Ra.n§es-
Effective January 1:1982 for Unit'3," attached.hereto'and incorporated herein,-.-:-
sets forth the salary ranges which reflects t~e increases described'in Section
6.3 Salary Plan Administr~tion~'oeiginal 'Appointmeht: The salary for a ne~
employee entering City employment shall be the minimum or first's~lary step.for'the
classification'to which the employee is appointed, provided.however, that the City
Manager may, when circumstances so warrant, appoint at' other than the first Step.
Whenever an employee(s) is recruited for a position 'at other than the first
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Step within a ra.n§e, all ,members in the same position in steps below the recruitment
step shall be raised to the step at which the new emPloyee[s) was recruited.
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6.4 Salary'Plan"Admini'st~ation~'Adg~na6m6ht'Within'Sala~9'Range: Employees
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appointed at the first step ("A") shall be eligible for advancement tO the second
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step ("B") of the specific salary ra. nge six (6) months after original appointment,
provided that.the employee's performance merits 'the increase. Advancement to the
'remaining steps may be made after'one (1) year of satisfactory service at each
successive salary step, provided that the employee's performance merits the increase.
'C~a.n'ges in an employee's '~alary becau'se of promotion or dem~'tion may sera
revised salary anniversary date for that employee.
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Whenever the schedule of compensation for a ~lassification is revised, each
incumbent in a position to which the revised Schedule applies, shall be pa~d at
the same step in the revised range as the step at Which the employee ~as paid in
the previous range.
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6.5 Salars Plan Administrationi_ Salary Step'After PrOmotion Or DemOtiOn:
When employees are promoted, theY'shall receive not less than the equivalent
of a one-step, five percent (5%), salary ~ncrease.
When an employee is demoted, whether suEh demotion is voluntary or otherwise~
the emplOYee's compensation shall be adjusted to the salary prescribed'for the Z__
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classification to which the employee is demoted and-unless otherwise provided,'
the specific rate' of pay within the ra.nge shall be determined by the City Man.age~;
provided however, that an employee demoted as a result of ab°liti,on of position .
shall be placed at the salary step in the'lower'classification which most closely
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approximates, bUt does not exceed, the.employee's salary in the higher classification.
If an emp~loyee' takes.a voluntary demotion to a'classification previously ·held
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from a classification within the same series, .the employee shall be ~laced at a
step commensurate with.'le, ngth of service in both classifications. If the Classifica-
tions 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 lshall be the same as the service time held previously at such step.
..... 6.6 Temporary Upgrading~'Like'WOrk'foP'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 commencing with the first day Of said ass. ignment,
-First-lifie SupervisOry employees and above assigned to duties of a ~.igher ClaSsifica-
tion shall not be paid the salary of the higher classification unless the7 serve'in
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the capacity for thirty {30) consecutive calendar days or more, 'in which event they
shall receive the pay' of the higher classification commenci.ng ~.~ith the first day
of said thirty-day service.
6.7 Salary Plan, Pay PeriOds- Employees shall be paid bi-Weekly, unless
mutually agreed by the City and Union.
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6.8 Longevity Pay Pla.n.: Permanent full-time employees shall be eligible
for longevity pay in'accordance with the following schedule:
"'.LONGEV ITY' PAY/MONTHLY
$1o
$15
$2o
$3o
$4O
$5o
$60-
LENGTH OF CONTINUOUS'SERVICE
Ten to fourteen years, inclusive
Fifteen to nineteen years, inclusive
Twenty to twenty-four years, inclusive
Twenty-five to twenty-nine years, inclusive
Thirty to thirty-five years, inclusive
Thirty-five to thirty-nine years, inclusi've
Forty years or more
6.9 Deferred Compensation: All permenent, full-time employees are el.igible,
subject to the terms and conditions thereof, to participate in the City of South
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San Francisco Deferred Compensation Plan.
Section 7 - PROBATION'PERIODS
-7.1 Duration- All o.r. iginal and promotional appointments shall be tentative
and subject .to a probationary period of not less. than twelve {12) months of actual
._~ervice from the date of probationary appointment or promotion.
An employee who is :laid off and subsequently appointed as a result of'certifica-
tion from an employment ~igible list to'a position of different classification than
that 'from' WhiCh lai'd'°ff';' s'hali u.nd~.r§o the probationary pe'r~od p~esCri~ed'for the
classification to which 'appointed. Former probatiOnary .employees appointed from a
reinstatement or re-employment list must serve the remainder of their probationary
period in Order to attain permanent status.
Employees who transfer to another division shall be required to unde. r§o a new
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probationary period in the position into which transferred. If unsuCCessful in
the new probationary period, the voluntarily transferred employee may be terminated
from City service. Employees transferred non-voluntarily shall be reinstated to
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their former position if unsuccessful in their new probationary period.
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7.2 'Rejection- The appointi.ng authority may. terminate a probationary
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employee at any time duri.ng the probationary period without r. ight of appeal
in any manner and without recourse to the procedures provided in Section 18
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(Grievances) hereof,' unless the employee all.eges that the termination was due
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to disCrimination prohibited by Cii~y, state or Federa1 Statutes or R. egulation~.' ....
If such discrimination is all.eged, the appeal .or gri'evance 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 constitute their ju. dgment for.that of
the appointi.ng authority.
7.3 Promotio'nal.'.ProbatiOn: An employee wh° previously completed the requisite
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probationary period and who is rejected because of a'subsequent probationary period
for a promotional appointment, shall be reinstated to the former position from
which the emPloyee was promoted' provided that this .Subsection shall not ,be construed
so as to prohibit the City from discha, rgi.ng any employee dUring a subsequent pro-
_.notional probationary period for those reasons and causes set forth i'n Section 17
-"of this Memorandum of Understandi.ng.
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Section 8'- TRANSFER,"PROMOTION
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---. 8,I · Transfer:-'.-. An·employee may .be,.transferred-by the. City Man. ager-from one.
position to another position in the same or comparable classification carryi.ng
essentially the same maximum salary and which' the'employee is qualii~ied to perfor, m.
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8.2 Promotion: The'City shall endeavor to fill vacancies by promotion when
· in the best interest of the service. In the event· the City Manager determines to
fill a vacancy by promotion, the Personnel Board prepares and administers an
examination for those employees who'meet the minimum qualifications. The names
of the successful candidates shall be recorded in the' order of their standing in
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the eXamination on an employnie'nt list. Closed promotional ,appointments 'shall be
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m~de from the first four.(4) candidates .(which number mas be unilaterally changed
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by the City Council Resolution) on the emPloyment'list who are ready, ~illi.ng and
--able to accept the position offered,
8.3' Employment'Lists: Promotional lists she'll become effective upon approval
thereof by the Personnel Board. Employment lists shall remain in effect for on6--(1).-'
year, unless sooner exhausted and may be extended, prior to their expiration dates,
by action of the Personnel Board l~or 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 fi~oman open-competitive list, the names of
all persons on the list shall be certified. ~,~
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'The name of any person-on an employment'list may be removed b~, the Cit~, Manager
if the eligible person requests, in writing, 'that his/h'er name be removed; ~f the
employee fails to respond to a written offer of employment six (6) business da~,s
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from mailing; if a subsequent report of an invest~igation is unsatisfactory; or if
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the person has been passed over for appointment three (3) times.
8.4. Time Off.' for:Examination:_,-Promotional examinations'scheduled by the
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"'City duri.ng an employee's r. egular worki.ng hours may be-taken without loSs of
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compensati'on.
Section '9 - REDUCTION IN'FORCE/LA¥OFFS'AND'REEMPLOYNENT
9.1 Council Determination: 'whenever, i'~ t~e judgment of the City C~unc~l,
it becomes necessary in the interest of economy'or beCause the necessity for the
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position Or employment involved no longer exists,· the City Council may abolish
any position or employment in the competitive service and lay off, reassign,
demete or transfer an employee holdi.ng such position or. employment and same sha~l
not be deemed a disciplinary act or act requiri.ng written charges. Tlie appointing
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authority may likewise lay off an employee' in the'competitive service because
of material cha. nge in duties or o. rganization or short, age of wOrk or funds.
9J2' SeniOrity: Seniority, for the purpose of layoff, is deli'ned as le. ngth
of continuous full-time employment within the service of the city, except for
service on a provisional and temporary status. "Seniority shall be ..retained , bUt"-
shall not accrue duri.ng any period of leave without pay, except for authorized
military leave granted pursuant to California State ).lilitary and Veterans' Code.
9.3 Order Of'LayOff- When One or more employees performi.ng,~n the same-
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class in a City' department are to be laid off.(provisionals and temporaries
therein havi.ng already been terminated), the order' Of layoff in the affected
department shall be as follows:
a) probationary employees.in inverse order'of seniority
b} Permanent employees' in inverse order'.of seniori'ty
'Should two or more employees have 'identiEal City service seniority, the order
of layoff will be determined by class)fication seniority. ~henever two or more
employees have identical classification seniority; the order of layoff shall be
_determined by a-mutually .agreeable random selection process.
9.4 Notice'Of'LayOff: Employees shall be forwarded written notice, includi.ng
reasons therefor, by Certified Registered Mail, Return Receipt Requested or Per-
Sonally'"Se~ved, a minimum of'ten'{~lO) w~rki.ng days Prior' to the effective date'of"
lay off. An employee receiving said notice may respond, in writing, to the City
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Nanager. The employee's representative shall receive concurrent notice, and'upon
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request, shall be afforded an opporl~unity to meet with the City to.discuss the
circumstances requiring the layoff and any proposed alternatives ~.~hich do not
include the consideration of the merits, necessity or Organization o~ any service
or activity. The provisions of Section 9.5 must be requested by the employee, in
writi.ng, five (5) working days prior to the effective date of layoff.
·
-i2-
·
, 9.5 Reassignment In Lieu of Layoff:
a) Vacant Position in City- In the event of layoff, the employee will be
allowed t° transfer to a vacant position which the City intends to fill in the
same classification in any City department.
b) Former Classification' In the event there ar.e 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 permane'nt
status had. formerly been held, first in the affected department and then city-wide.
·
c) DisPlacement: In the event there are no va.cancies as listed in (a) or (b),
the employee shall have the'opportunity, upon request,~'to be assigned to any class-
ification in the'department at the same or lower salary level in which s/he'meets
·
the minimum qualifications and"a~regular layoff procedure .in the same or lower
salary level shall apply.
d) Employees transferred,~assigned or demoted under this Section, will be
assigned to a step in the' new classification salary range closest,, but not exceeding,
the employee's .salary"at the time of reclassification.
-" 9.6 Layoffs'
·
-a) .In the. event that an employee is not reassigned in' lieu of layoff as in
Section 9;5, the employee shall. be laid off. If an employee elects not to exercise
the righ.ts .of' Section 9..5, s/he .may be.deemed tO have-.been .of. fered and to have.-
declined such work.
b) Laid' off employees are to be paid for accrued vacation and sick leave in
accordance with Section 14.1 (g) when separated as. a result of a lay off.
·
9.7 Layoff Re-Employment/Reinstatement Lists'
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a) Probationary and permanent employees who are reclassified and/or demoted
as a result of a reduction in force, shall have their names placed on a classification
reinstatement list, in order of their seniority. Vacant positions within the
classification shall first be'offered to-employe6~ on this list. -
.
b) Employees who are laid off, sh'all have their names placed in a re-employ-
ment list of classifications which, in the opinion of the Personnel Offi.cer,
requires basically the same qualifications and duties and responsibilities as those
in the classification from which the layoff occurred, in order of seniority. -.
·
Vacant positions in such classifications shall.'be offered to eligibles on the
re-employment list who qualify for such vacancies prior to :an open or p~omotional'-
·
recruitment. .. ' '
.
·
c) No name shall be carried on a reinstatement or re-employnlent list for a
period-longer that"two (2) years. Refusal to accept the first offer of reinstatement
or re-employment within.the same 'classification shall cause the name to be dropped
from the list. 'Individuals not respondi.ng to written notification, by Certified.
Registered Mail', Return Receipt Requested,' forwarded 'to their-last given address,
of an 'opening within ten (10) worki.ng days'from maili.ng shall have their names
removed.from either a1 reinstatement'or re-employment list. Individuals who do
not meet current employment standards (i.e., medical, licenses, etc.), shall have
their names removed from either a reinstatement or re'employment listL
....... d) -Probationary employees appointed from a reinstatement or re-employme'nt
list must serve the remainder of their probationary period in order to attain
permanent status.
. ,.
·
Section'-10 - RESIGNATION AND REINSTATEMENT
10.1 Resignation' An employee desiri.ng to leave the City in. good standi.ng
shall submit a ·letter for resignation to his immediate supervisor no later than
two (2) weeks in advance of the effective date of separation; complete an exit
interview; and receive a satisfactory final evaluation.
10.2 Reinstatement: A permanent employee who has resigned in g~Od standing
may'be reinstated wi~thin two (2} years of the effective date of resignation" Such
reinstatement may be to a vacant position in 1 he employee's former classification
or to one in a comparable classification which does not carry a significantly
higher rate of pay and which the employee is qualified to perform. Reinstatement
shall be made at the.salary step approved by the 'City Manager.
The reinstated employee will serve the designated probationary period for-'
·
that classification prior to becoming a permanent employee regardless of the
· .
salary state at which the employee is reinstated..
· .
·
Section 11.- .HOURS OF WORK, OVERTIME '~
- ·
11.1 ,Workday:. Eight consecutive hours of work shall constitute a regular
work shift except that they may be interrupted by a lunch break. All employees
shall be scheduled to work on a regular work shift'; and each work shift shall
have a regular starting and quitting time.
11.2 Workweek- The workweek shall consist of five {5) consecutive eight
(8) hour days. ?
11.3 Work Schedule' Work Schedules showing the employee's shifts, workdays
and hours, shall· be posted On'the employee bulletin'boards at all times.
-EXcept for situations where the City determines an emergency exists, changes
in work' schedules shall not be made until the employee and his or her representative
'have been given reasonable oppOrtunitY to discuss said changes with the appropriate
'management representative. .
11.4 Flex Time- Office and clerical workers.may arrange for flexible hours
of commencement and ending of a day's work, said times to be arranged ~.lith the
resK~ective Department Head so as not to interfere with the duties of the respective
offices, with the understanding that the workday shall consist of eight {8} working
hours.
_= ,
·
11.5 Adjustment of Working Hours for Office and Clerical Worker. s- The base
Salary of those individual employees whose workweek as of July 8, .1975, consisted
of thirty seven and one-half (37½) working hours per week, shall be adjusted by.
adding thereto two'percent (2%).of said base salary. This Subparagraph restates
the provisions contained in the Memorandum of Understanding dated the 8th day o~'-
·
·
July, 1975, approved by. Resolution No. 95-75, adopted by the City Council 6n the.'..
8th day of July, 1975, and'the restatement herein does not modify' the meaning or~
application t, hereof.
11.6 'Overtime-. "Authorized work Performed by an employee in excess of their
scheduled workday or'workweek Shall constitute overtime except as otherwise provided.
An employee required to work in excess of their Scheduled hours of work shall be
-compensated 'for such 'overtime hour so worked at the rate of one and one-half
._
times the employee's base rate of payl. No form of overtime payment shall be made
where time. worked prior to the beginni.ng of-a shift or following completion of a
shift is less than twelve (12) minutes duration.
Employees may, at their option, receive.pay for such overtime hours or may
·
accumulate compensatory time. at.the rate of 'time and one-half (1½) up to an
equivalent maximum of forty {40) hours'in lieu of pay for said overtime; take the
overtime as compensable time off provided, however, anyone wishi.ng to exercise this
·
Option'must' gi'~e 'five' (5) days', notiCj 'of 'the desire for such tim~ off and' the time
off must be taken under such conditions as will not interfere with the minimum
·
manning and continued function of their particular department or operation.
11.7 Call Back' An employee recalled'to work outside of and not continuous
witch Kegular scheduled'hours, shall be paid a minimum of two (2) hours at the rate
'of one and one-half (1¼) times the employee's base rate'of pay. Cali'LbacI~ time
commences when the employee reports to work and ends when the employee is released
from the work assigned.
p ..
Section 12 - HOLIDAYS
12'1 Authorized Holidays- The following are the authoPized holidays-
(1) January I (New Year's Day)
(2) Third Monday in February
(Washington's Birthday)
(3) Last Monday'in May
(4) July '4
(5) First Monday in September
{Memori al Day)
(Independence Day}
{Labor Day)
(6). Second Monday in October
· (7) November 11
(C~)lumbus Day)
'{Veterans' Day)
{8) Fourth.Thursday in NoVember
"(Thanksgiving Day)
(9) Fourth Friday in November
(10) December 24 (four hours)
{ Day. fol 1 owi.ng Thanksgi vi ng)
· (Four hours of workday
Preceding Christmas)
(11) December 25
.
(12) December 31 (four hours)
(13) One. Discretionary Holiday*
"(Christmas Day)
(FOur'hours of workday
preceding Ne~ 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. For calendar year 1982, the discretionary holiday
.
must be ta~j~'"on or'bei~°re December 16, 1982. Employees shall be entitled to be
'compensated for taking said discretionary holiday but shall not accumulate dis-
cretionary holidays nor'be compensated in the event the discretionary holiday is
not taken.
Where any of the aforementioned holidays fall on a Sunday, it shall he'observed
-.
on the following Monday; any holiday falling on a Saturday, shall be Observed on
the preceding Friday.
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12.2 HolidaY Pay' Regular full-time employees, except for personnel
assigned to continuous operations, shall be.entitled to observe all authorized
holidays at full pay, not to 'exceed eight (8) hours of any one (17 day, provided
tn~y are in pay status on both their regularly scheduled workdays immediately
preceding and following the holiday.
Employees assigned to'continuous operations, who by nature of their "
· .
assignment are unable to' observe City holidays, shall be compensated for
·
authorized h61idays as follows" Straight time'for the holiday an~ Straight
time for the hours-worked. Personnel 'scheduled to work on .a Cit~ holiday, but
..
who are unable to do'so due to'a job'related injury, 'Shall remain eligible
payment in accordance with this'provision as long as he is not receiving compen-
sation 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~co the Department Head a doctor's, certificate
verifying the illness or' injury.
-' 12.3 Work~ Performed On A'HOliday: Except for'employees assi. gned to continuous
-'~operations, any regular full-time employee'who'is' required to work on any authorized
holiday shall, in .addition 'to receiving r. egular pay for such holiday, be paid at the
~ overtime rate. -. :
Section 13 - VACATION lEAVE
13.1 Vacation Leave' Regular full-time employees shall accrue vacation
leave as follows'
Length of
Continuous Service
First full four years
After qth year
After 14th' year
After 24th year
Vacation Hours Accrued
Bi -Weekly
Annual
Equivalent
-.
3.08 10 days
.4.62 15 days
6.16 20 days
7.69 25 days
13,2 Deferral: An employee may, with the approval of the Department Head
and City Manager, defer one (1) workweek of his vacation leave to the succeeding
calendar year. The employee shall file written request to defer with the Department
Head. If the requirements of the service are'such that an employee cannot take
o .
.all of his vacation to which he is entitled in a calendar year, he may'defer, wi-~h
~ -
the approval/of the 'department head, the unused portion to'the following year,
provided that no more than thirty'(30) working' days 'of vacation can be'accUmulated.
Deferred vacation which is not taken duri.n§'the calendar year'immediately following
the calendar year in which the vacation leave.was deferred, shall be compensated
for.
provisions of these Sections.
13.3 Scheduling-' The times during the Year'at which an employee shall take
vacation, shall be.determined by the Department Head with due regard for the wishes
of the employee and particular'regard for the needs of the service. Vacations shall
be taken in increments' of one week unless otherwise approved .by the.Departm, ent Head.
13.4 Pay Upon Termination:,, .Employees separati.ng from 'the City s. ervice, shall
be paid at their current ' hourly salary rate for all unused'accrued vacation hours.
No such payment shall be made for vacation hours accumulated contrary to the-
Secti on '14 - LEAVE PROV I SIONS..
14.1 Sick Leave'
a) Accrual- Permanent full-time employees s.hall accrue sick leave at the
rate of 3..69 hours for each bi-weekly pay period of full-time work up to a maximum
of 1200.hours. Such accrual shall be pro-rated for such employees who work less
than full-time duri.ng a pay period.
. ·
b) ,Usage- Sick leave is not a right or privilege to be used at the discretion
of the employee, but shall be allowed only in the following circumstances:
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1. When the employee suffers actual personal illness or injury
which incapacitates him/her from performance of duties and necessitates
absence from work.
2. The employee's· receipt'of required medical or dental care or
consultation which cannot be reasonably scheduled during off-dul:y hours, ....
3. In emergency situations'where an immediate family member (relative
o ·
as defined below) must receive immediate medical attention'due to a sudden,-
serious and actual sickness or.'disability (excluding routine or s~heduled doctor's
-appoi ntments). -
As used h~rein, "immediate family" is'~efined to he spouse, parents, child,
$iblin~t, grandparents', motheF-in-law, father-in~'law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law. In addition, the City'Mana§er may grant an
appropriate leave in'the event of the illness or'disability of someone Other than
those'persons designated.if, in the City Manager's~ opinion, there exists an
extraordinari'ly close relationship between employee and such person. !~o more than
a total.of thirty-two (32) hours in any twelve (12) month period'may be utilized
for illness in the immediate family.
c) Entitlement To Use Of Sick Leave- To be entitled to use of sick leave,
the employee must satisfy all of the following'conditions:
.
'-"' 1,": The" '~mployee 'mUs~ not'~fy' hiS/her-~'Upervis'or 'pr~o'r tO the "C6mmenc-e n
of the shift for which compensated sick leave is so. ught, in accordance with depart-
mental policy.
2. Each employee on sick leave (for personal disability) must produce
evidence Satisfactory to the City describing the _n.~ture of the illness, and such
evidence may be in the form of a personal affidavit or shall be in the-form of a
certification by a medical doctor if requested by a supervisor with prior notice
to the employee. It is the employee's responsibility, if requested by a supervisor,
. .
to provide medical reports on a scheduled basis and/or to keep the supervisor
apprised of his/her whereabouts at all times during the working day. If the
employee is i'll or disabled for more than thirty-nine (39) working hours, the.
employee shall present to the City, before return, i.ng to work, a certification
by a medical doctor describing the nature and extent of-the illness or disability
and confirming that the employee has recovered sufficiently to assume light duty'
or has recovered fully and is able' to perform' r. egular work without any restrictions.
3. Each employee on sick leave for family emergencies shall be required
to submit a doctor's certification confirmi.ng the required care provided.
4. -I~othwithstandi.ng"the for. egoing Sections, the City reserves'the right
to-take such action as :it deems necessary to' confirm or verify actual illness or
disability. '
d) Pay Upon 'Separation:. An employee who separates in good standi.ng (after
three (3)'years of City service)', will be entitled to payment at the employee'S
then-existing salary for fifty percent {50%)-of the employee's accumulated and
unused sick leave Credit. ' '
Compensation for'-accumulated.sick leave' credit shall be payable at the time
of separation, or6 upon the employee's request, may. be deferred for a period of time
not to exceed three hundred sixty-five (365) days.
. .
14.2 Industria'l 'Disability Leave- An j~nployee who has suffered any disability
arising out of and'in the course of his employment, as defined by the Workers'
Compensation Laws of the State of California, and who is entitled to temporary
disability indemnity, may elect to take as much of his/her accumulated sick leave,
vacation, or compensable overtime as when added to the disability indemnity will
.
result in a payment of not more than full salary or w. age. When computing vacation,
sick leave, or compensatory time under this Section, the employee shall be given
-21-
credit for any holidays that occur duir. ng the period of absence hereunder.
When an employee uses sick leave, vacation,, or compensatory time under this
Section and the City is reimbursed-by the third person for damages, there shall
be credited to the employee's sick leave, vacation leave, or compensatory time
·
the full amount of the compensation paid and other'dam, ages,.and if the amount
collected is not itemized, then the amount"of ?sick' leave, compensatory time, or
vacation leave credited shall be equal to the percentage of the total claim
.
collected. -"Sick .leave,'! "vacation leave" or "compensatory time," as used in
this rule, :-includes Sick leave, Compensatory time or vacation leave used to
·
augmen.t disability indemnity.
14.3 Family Leave- In the event of a death in the immediate family, that
employee shall, .upon request, be. granted such time off without loss of pay as is
necessary.to make arra. ngements.for' the funeral and to attend same, not to exceed
three (3) Workdays. per occurrence within 'the' Si~ate of'California, or five
workdays per occurrence outside the State of California. -. ·
For the purpoSei of this provision, the immediate family'member shall ~nclude
--Parent, sibling, child, spouse, grandparent,, grandchild, mother-in'~law, father-in-law,
brother-~in-law, sister-in-law, son-in-law, daughter-in-law. In addition, the City
.Manager may. grant the above-described leave in the event of the death of someone
other than those persons deSignated,' if,- in the City Manager's opinioni,-there '
exists an extra'ordinarily close relationship between the employee and such person.
At the request of th'e City; the employee shall furnish a Death Certificate and
proof of relationship.
Funeral leave applies only in instances 'in which the employee attends the
funeral, or is required to make funeral arrangements, but is not.appl-icable for
other purposes, such as settli.ng the estate of the deceased.
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14.4, Leaves'of Absence- The City. Council may grant an employee in a
permenent position a leave of absence without pay or'benefits not to exceed
one (1) year. The City Manager ma~. '§rant an employee ~n a pemanent position
a leave of absence without pay or benefits not to exceed thirty-(30)'calendar
days. A request for leave and the reasons therefor shall be submitted,, in ....
writi.n§, and must be approved by both the Department Head'and the Citer ~lan. a§er.
.
Upon expiration of the approved leave, the'employee shall be reinstated to
his former position wi'thout loss of service credits br benefits
of policies) accrued prior to said leave.' Failure'on the part of an emplo~tee to
return to work on the date scheduled, shall be;cause for di$cha, r~le-
14.5 Maternity'L~age: Shall commence upon 'certificatiOn from the emplo~tee's
attending-physician that the employee is no lo.n~er capable'of perfomi.n~t the duties
of her position.
·
.tJpon the advise' of her physician, the employee must request a temporary transfer
to a less strenuous or'haZardous position which she is qualified to pe.rform and which
.o
carries the same or lower salary. Where such transfers have, by' pra'ct~ce, policy
or n.e§otia~ed .agreement, been granted to employees with temporary d~sabil~ties
other--than pr. egnancy, the transfer of the employee shall be accommodated. ~ihere
temporary-transfers have. not been granted under other circumstances~ the employee's-
request W~ll be approved only if-it can be Veas'O'nably acc'ommodatea," ' Bowever,
nothing herein shall result in-the displacement'or transfer' of'other employees
·
in permanent positions or in the performance of unnecessary work.
Where it is the opinion of the department head that the employee should be
placed on leave sooner than prescribed by her phys.~cian due to her inability to
effectively and safely perform the duties of her r. egular position or'of one to
which she has been, or could otherwise be, temporarily'transferred, the employee
may be required to undergo examination by a second physician. ~he cost of this
·
. .
· .
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examination shall be paid by the City and shall not be ordered without prior
approval of the appointin§ authority.
The employee shall be entitled to utilize sick leave benefits" on the same
basis as other .Unit No. 3 employees who, are temporarily disabled due to a non-
. .
-industrial illness or injury. When the pregnant employee is on a paid leave
status, service credits shall continue to accrue and the City shall continue
payments toward group insurance and retirement coverage.
·
Upon expiration of'the approved 'leave, the'employee shall be reinstated
to 'her former position, or to a comparable one if the .former position is -. -
abolished during the'. peri od of l~ave and the employee would othen, lise not have
been laid off. Prior to the employee's being reinstated, the department bead
..
may require a statement',from the attending physician that the employee is physically
capable of resuming the regular duties'of her position.
An employee may, at the conclusion of her disability, request a leave of
absence as provided in'the City's Personnel Rules and Regulations.
14.6 .Military Leave' Military leave 'shall be granted in accordance with the
-'~--rovisionslof applicable California State and Federal Law. All employees legally
entitled to military leave shall provide the department head an opportunity, within
the limits.'of the mil.itarY orders or. reg.ula~ions, to determine when such.leav.e shall.
~ -.
be taken. Department heads may modify the employee's work schedule to accommodate
the requirements applying' to the leave. -
Section 15 - HEALTH AND WELFARE'PLANS
o.
15.1 Health InsUrance: The City shall'provide a fully paid health insurance
plan at the current benefit level for permanent full-time employees and their
eligible dependents with the options available to the employee to select the
plan known'as the Kaiser "S" Plan,'or the BayPacific Health Plan.
· .
Open Enrollment: Employees may select on a yearly basis to cha. n§e health
insurance carriers in accordance with the. provisions' of the group insurance
contracts.
· 15.2 Dental Plan: The self-insured program of dental care benefits
existing as of.A.u§ust i7, 1977, shall be continued duri.ng the term of this
Memorandum of Understanding.
.
15.3 Vision Care Plan- The Group Vision Care Plan, 'dated January, 197.5,
designated. VSP Plan B -'Employee and Dependent, with a ten dollar'C$10) deductible,
shall be continued duri.ng the.term'.of'this 14emorandum of UnderStandi.ng.
I5.4 Life Insurance-"The term life 'insurance coverage, includi.ng accidental
'death and dismemberment-shall be.ten thousand ($10'000) dollars., as soon als
amendments can'be executed' with the carrier. Said' increased benefit shall continue
during the term of this Memorandum of Understandi.ng.
'_15 5. Long Term' DiSability' InsuPance:- A lo. ng' term disability insurance plan
which, subject to the terms and conditions thereof, after a-thirty (30) day
eli'mination period, shall provide 'for.payment 'of two-thirds (2/3) of'base salary
_..during disability and shall be continued duri.ng the term of this Memorandum of
Understanding.
.~5.6 ~Retirement: The 'benefit contract in effect between the City of South
.San Francisco' ' and the Public Employee's' Retirement System (PERS) in behalf of
eligible permanent full-time employees of this Unit as of A. ug.ust 17, 1977, shall
·
be continued duri.ng the term of this Memorandum of Understanding.
15.7 Retiree Health Pl2n: City agrees to provide employees retiring with
a service retirement or disability retirement through PERS with the same or as
near equal health coverage as possible provided for active employees (employees
only - not family members), Service retirees must meet the following qualifications'
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If the employee retires at .age 65 and'has been employed
by the City for ten (10) years, s/he is-eligible for
employer payment of'the aforementioned health insurance
for the rest of his/her 'life.
If said employee re~(res under the .age of 65, s/h-e must
have, in addition to the 'ten (1'0)~ears, accumulated one
.
(1) additional .year for each year under the .age of 65.
Employees may, at their sole option and expense, obtain said, health
coverage for their dependent(s) in accordance with the terms and conditi.ons
-.
of the. policy(s). -
Section 16 - SAFETY
o ..
'!6.1 Observance of'saf, ety'R01es'and'Regolations: Both the City and the
Union Shall expend every effort to ensure that work is performed with a'maximum
·
degree 'of safety, consistent with the requirements 1 to conduct efficient operations.
-.Each employee .covered by'this Memorandum agrees-to comply with all safety
rules and regulations in effect and any subsequent' rules and r.~gulati'ons that may
be adopted. EmPloyees further .agree that they will report all accidents and'safety
hazards to'the appropriate man. agement official immedial~ely. Any employee havi.ng
knowledge of or who is a witness, to an accident shall, if requested, give Tull
.
and trut~f'Ul testimony as to same.
16.2 Safety Program: The City has established a safety program and repre-
sentatives of this Unit' shall serve on the Safety Committee.
!6.3 Safety Equipment- The City shall continue to supply employees with.
safety equipment required by the City and/or CAL-OSHA. All employees shall use
City supplied safety equipment only for the purposes and uses Specifi-ed under
applicable safety rules and regulations.
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° ' ' ~ml ' t
Section 17 - DISCIPLINE
17.1 Action By City- The City may discha, rge, suspend, demote or reduce
·
in salary, any permanent employee for ·reasons includi.ng but not limited to,
dishonesty, insubordination, incompetence, willful negl.igence, failure to perform
work as rJquired or failure to comply with' or ~violation of the City's rules
·
regarding safety, conduct and operations , 'chronic absenteeism, misstaten~ent of
fact on an application or other personnel document, falsification of records,
·
unfitness fop duty and absence without authorized leave. Any dis~ha, rged~ suspended
or demoted employee, or an employee whose salary'has been reduced'for diiciplinary
reasons, shall be furnished the reasons for such action in writi.ng. In the event
.an employee feels that the discharge, suspension, demotion or salary reduction
is unjust, s/he shall have the right to appeal 'the case thro. ugh the .grievance
procedure lWithin five (5) worki.ng days from the date of the actual disciplinary
action.
17.2 Notice of"Disciplinary Action- The City shall p~ovide the. affected
.employee with written notice prior to taki.ng' disciplinary action, .except where
-~circumstances dictate thJ City taki.ng 'immediate action to remove the employee
from the work place. In such cases, written notice, as set forth below, shall
be provided the employee within two' (2) worki.ng days of the action.l ·
In all cases, written notice of disciplinary action shall be served on the
employee personally or by r. egistered mail, return .receipt, w~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 aciton.
c. The reason or cause for the aciton.
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d. That the employee shall be'furnished copies of all
material upon which the action is based:
e. That the employee has the right to respond, either
orally or in'writing, to the' authority initially
imposi.ng the discipline.
·
Except in instances where disciplinary action must be imposed immediately,
·
the notice shall be provided the employee no later than five (5) working days
before the d.isciplinary action is to be effective. 'Where immediate disciplinary
action~has been imposed', such action will not become final until the aforementioned
..
notice has been provided no less '.than five (5)'worki.ng days from the receipt of.
·
the notice to respond to the authority'ini-tially imposi.ng the discipline.
Once the'Proposed disciplinary action has been imposed, the affected employee
shall 'have the~right of appeal. FSuch appeals shall be filed 'directly at the fourth
step of-the grievance procedure set forth in SectiOn. 18 of this Nemorandum.
Probationary employees may be discharged'-for any reasons which, in the sole
·
opinion of the Cii~y, is just and sufficient. Such discha, rge Shall not be subject
.to the grievance procedure, except under the 'c6nditions specified in Section-7.2
of t'his' Memorandum of Understandi.ng,
Section 18 - GRIEVANCE PROCEDURE
18.1' Definition Of'Griev~hee; A grievance shall be defined as any dispute
which involves the interpretation or application {If any provision of this
Memorandum of Understandi.ng duri.ng its term,' excluding all ordinances, resolutions,
rules and r. egulations, the 'contents of which are not specifically covered by .the
provisions of this Memorandum of Understanding. Such excluded ordinances, resolutions,
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rules and regulations shall not be subject to a grievance procedure.
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18.2 Steps in Grievance Procedure-
Step 1 - An employee who has a grievance shall bring it to the attention of
his immediate supervisor/division head within five (5) working days of the occur-
rence of the act which is the'basis of the dispute' If'the employee and the
' im~.ediate supervisor/diviSion head'are Unable to resolve the grievance at this
step within five {5} working days of the date ~the grievance is raised with the
immediate supervisor, 'the employee Shall have the tight, to submit a formal grievance..
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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 grievan6e including date
and place of occurrence;
e. The specifi6 provision,.policy or procedure all.eged to have
been violated;
f. The remedies sought by the. grievant;
..g. The name of the individual O.r 0rgadization, if any,' designated
by the grievant to represent him in' the processing of the
grievance. However, 'in no event shall an employee organization
other than the one which formally rep.resents the position occupied
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-by the. grievant be designated as the g~ievant's representative.
step 2 - An-employee 'dissatisfied with the OeCision o'f the .immediate supervisor
in Step 1, may submit'the grievance 'in the manner provided above to his department
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head within seven {7) working days from the date of the immediate Supervisor's
decision. The department head shall respond to the grievance, in writi.ng, within
seven {7) worki.ng days from the date of its receipt'.
step 3 - If the employee is dissatisfied with' the decision of the department
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head in Step 2, he may submit the grievance to the City Hanager within ten {10)
working days from receipt of the department head's response. The City l~ana§er,
or his designated representative, shall respond to the grievance in writing w~thin
ten (10) working days ~f its receipt. Within this period, the City Manager, at his
discretion, may .conduct' an informal hearing involving the parties to the d~.spute.
Step 4 - If the employee is dissatisfied with the decision of the City Maria§er,
he may submit the grievance to the Personnel ~oard. Notice of appeal must be f~led.
in writing, by the employee with the.City Manager's Office within fifteen '(15) Working
days of receipt of the Manager's decision. The City Manager shall provide written
notice of the appeal to each Board Member, to the Department Head, and where
applicable, the employee organization involved and'to such other parties as he
deem appropriate.
1~o the extent' feasible, the Board. shall hear the grievance at its next
regular meeting following receipt'of~'the appeal, but in no event'later than the
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second re§ular meeting after the §r~evance is 'submitted to it. In cases invol¥~n§
discha, r§e or suspensions in excess of one day, 'the Personnel Board shall conduct
a heari.ng on the matter wi'thin 'fifteen (15) worki.ng days from the dat6 the appeal
.... is filed. The City Nanager's Office shall provide advance written n°t~ce of the
hearing d'ate'to-al~l parties involved.
All Board hearings on grievance' matters shall 'be conducted ~n an expeditious
~anner and.need not be conducted'accordi.ng .to teChni-cal rules reiat~.ng, to- evidence'
and w~tnesses, lhe Chairperson' shall retain final authority to rule om procedural
matters or on other points which affect the le. ngt~ and conduct of the ~earing.
~he Personnel Board shall render its decision, in writing, wi'thin fifteen ~15)
~o..~,ng days ~following the close of hearings and shall furnish copies of such
decision to all parties involved. The majority findings of the Board. shall be
binding except in instances where they entail capital expenditures or s. ignificant,
· unbudgeted.expenditures. In those cases, the ruling shall be submitted to the
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City Council for action which may,include modification'or reversal.
18.3' The City's Personnel Board shall not entertain, nor hear, nor·
decide or make recommendations on any dispute unless such dispute falls within
the definition of a greivance, as set forth in .Subsection 18.1 above.
..18.4:- Proposals to add to or cha. nge this Memorandum of Understandi.ng 'or
written '.agreements or addenda supplementary hereto' shall not be grievable and
no proposal to modify, amend or' terminate thi~ Memorandum of Understandi.ng, nor.
any matter, or subjectlarisi.ng out of:or ·in'connection with such proposal, may be
greivable under this Section;. and the Personnel Board shall not have'the ·power to
amend or modifY, this Memorandum of"Understandi.ng or written .agreement or addenda
supplementary hereto,' or' to establish 'any new terms or"'-conditions of employment,
18.5: All grievances involvi.ng or-'concerning.'the payment of compensation
shall be initially filed, .in writi.ng, with the department'head. In such cases.,
no-adjustment shall be'retroactive for more than thirty (30)days from' the date
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upon .which the 'grievance is filed; Only. grievances which all.ege.that employees'
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are not.'bei.ng compensated in accordance with the.provisions, of this Memorandum
of Understandi.ng shall'be considered grievances under the Subsection 18.5. Any
:',other matters of compensation are to be resolved in the meeting and confe'rri.ng
process, and if not detailed in a Memorandum of Understandi.ng which may result
. .from such., me. eti.ng, and'conferr, i.ng process, shal.1 be deemed, wi'thdrawn '.until: the
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meeti.ng and conferri.ng process is next opened for such discussion.'
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Section 19 - PROTECTIVE'GARMENTS FOR'INSPECTORS-
The City shall supply and maintain overalls for Building Inspector{s) and
Public Work Inspector(s). -
Section 20 - PAST PRACTICES AND EXISTING'MEMORANDUM OF'UNDERSTANDING.'' ·
20.1' Continuance of working conditions and practices not specifically
provided herein, shall not be guaranteed by this [.'lemorandum of Un..derstandi.ng..
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20.2: This Memorandum of Understanding shall supersede all existing and
prior MemOranda of Understanding between City and Union, Personnel Rules,
Regulations, Resolutions and Ordinances.
20.3: '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.
Section 21 'EMPLOYEES COVERED~
Provisions of this Memorandum of Understanding apply only to .the employees
represented by Unit 3.
Section 22 -'SEPARABILITY OF PROVISIONS
Should any section,' clause or provis.ion'of this Memorandum of Understanding
be declared illegal by final Ju.dgment of a court of competent jurisdiction, such
invalidation of such'sections, clause or'provision shall not 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
-'-~oncerning substitute provisions"for provisions rendered or declared illegal.
Section 2.3 - TE~M'OF MEMORANDUM OF UNDERSTANDING
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--This'Memorandum of Understanding-shall' become effeEtive only upon approval by
the City Council and upon ratification by the members of Unit 3 and shall remain
in full force and effeCt to and including December 31, 1982.
"Approved by City Council Resolution
No. 7-82 adopted 1/6/82"
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EMPLOYEE REPRESENTATIVES