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HomeMy WebLinkAboutReso 148-1982 RESOLUTION NO. 148-82 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT #4 SOUTH SAN FRANCISCO WATER QUALITY CONTROL PLANT EMPLOYEES, REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINNEERS, SATIONARY ENGINEERS LOCAL UNION NO. 39, AFL-CIO, JULY 1, 1982, THROUGH AUGUST 31, 1983. 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 1, 1982, through August 31, 1983, 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. 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 bl~ ~i/ts~ Council Resolution No. adopted 1 1 .,, 148-82 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 held on the 17th day of November , 1982, by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: City Clerk MEMORANDUM OF )JNDERSTANDING BET~')EEN THE CITY OF SOUTH SAN FRANCISCO AND UNIT 4 - SOUTH SAN FRANCISCO WATER QUALITY CONTROL PLANT EMPLOYEES Represented By International Union of Operati.ng Engineers, stationary Engineers, Local No.. 39, AFL-CIO July 1, 198Z through August 31, 1983 "APPROVED BY CITY COUNCIL RESOLUTION NO. 148-82 ADOPTED 11/17/82" TABLE OF CONTENTS ARi':ICLE Preamble 1. Recognition 2. Union Security 2.1 A.qenCy Shop 2.2 Communications with Employees 2.3 Advance Notice 3. Management Ri.qhts 3.1 Mediation 4. No Discrimination 5. Union Stewards and Official Representatives 5.1 Stewards 5.2 Representative of the Union 5.3 Access to Personnel Files PAGE NO. 2 5 6 6. Salary Plan 6.1 Increases During Term of Memorandum of Understanding 8 6.2 Salary Plan Administration 10 6.3 Salary Plan Administration, Original App..ointment 11 6.4 Salary Plan Administration, Advancement Within Salary Range 11 6.5 Salary Plan Administration, Salary Step after Promotion or Demotion 12 6.6 Temporary Upgrading' Like Work for Like Pay 12 6.7 Salary Plan, Pay Periods 1.3 6.8 Longevity Pay Plan 13 7. -Probation Periods 7.1 Duration 13 7.2 Rejection '14 7.3 Promotional Probation 14 8. Transfer/Promotion 8.1 Transfer 14 8.2 Promotion 14 8.3 Employment Lists 15 8.4 Time Off for Examination 15 '"fable of 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 L{eu of Layoff 9.6 Lay Offs 9.7 Lay Off Re-Employment/Reinstatement Lists 10. Resignation and Reinstatement 10.1 Resignation 10.2 Reinstatement 11. Hours of Work, Overtime 11.1 Work Day 11.2 Work Week 11.3 Work Schedule 11.4 Work Schedule: Sewage Treatment Plant · 11.5 Overtime .. 11.6 Call Back 12. Hol idaj/s 12.1 Authorized Holidays 12.2 Holiday Pay 12.3 Work Performed on a Holiday 12.4 Joint Sewer Plant - Holiday Staffing 13. Vacation Leave 13.1 Accruel 13.2 Deferral 13.3 Schedul lng 13.4 Pay Upon Termination 16. LeaVe Provisions 14.1 Sick Leave 14.2 Medical Appointment Leave 14.3 Emergency Family Leave PAGE NO. 16 I6 16 17 18 18. 19 19. 20 20 20 2O 20 21 21 22 24 24 24 24 25 25 25 23 28 -2- TaSle of Contents (continued) CLASSIFICATION 14.4 Leaves of Absence 14.5 Maternity Leave 14.6 Military Leave 15. Health and Welfare Plahs 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 17. 18. 19. 20.' 16.2 Safety Program 16.3 Safety Equipment D i sci pl i ne 17.1 Action 17.2 Notice by City of Disciplinary Action Grievance Procedure 18.1 Definition of Grievance 18.2 Steps in Grievance Procedure 18.3 Personnel Board Jurisdiction 18.4 Proposals or Contract Amendments - 18.5. Initial Filing of Grievance Related Apprenticeship Rest Breaks Automatic Progression 21.1 Treatment Plant Operator I to I! 21.2 Maintenance Worker I to II Regulations Non-Grievabl e to Compensation PAGE NO. 31 31 31 31 32 32 32 32 33 33 33 33 34 35 35 38 38 38 39 39 39 4O -3- T~ble of Contents (continued) CLASSIFICATION PAGE NO. 22. Past Practices and Existin.q Memorandum of Understanding 22.1 Working Conditions/Practices not Guaranteed 22.2 Memorandum of Understanding Supersedes Prior Agreements 22.3 No Changes without Agreement 23. Employees Covered 24. Separability of Provisions 25. Terms of Memorandum of Understanding 40 ~ 40 40 4O i 4O 4! -4- PREAMBLE THE CITY OF SOUTH SAN FRANCISCO (hereinafter, City) and Unit No. 4, repre- sented by International Union of Operating Engineers, Stationary Engineers, Local Union No. 39, AFL-CIO, acknowledge and affirm that they have met and conferred in good faith, exchanged proposals and counter-proposals and in all respects fulfilled their obligations under law to meet and confer in good faith. CITY and Unit 4 Representatives acknowledge that (1) prior to July 1, 1982, the parties commenced negotiations for salary increases and benefits for the period of July 1, 1982, to August 31, 1983, 2) retroactive pay and benefits and the effective date thereof were included in Unit 4 demands; (3) upon exten- sion of the Memorandum of Understanding effective for fiscal year 1981-82, mem- bers of Unit 4 continued to work during this period in absence of any wage increase with the understanding that the effective date of the negotiated salaries and benefits would be determined in the final negotiated agreement, and, (4) negotiations have been completed and the ~embers of Unit 4 have agreed to give Up their demands for higher wages and benefits for the period of July 1, 1982, to August 31, 1983, and accept the negotiated wages and benefits hereinafter set forth for the period of July 1, 1982, to August 31, 1983, and the effective dates as therein provided. THE MEMORANDUM OF UNDERSTANDING is the product of the above described meet and confer process. Representatives of the City have agreed to present this Memorandum to the City Council for determination and Representatives of Unit 4 have agreed to present this Memorandum to their membership for acceptance and approval. Article 1. RECOGNITION Union Recognition International Union of Operating Engineers Local Union No. 39, AFL-CIO, hereinafter referred to as the "Union" is recognized as the majority representatives, as provided in City's Resolution 135-79 adopted December 4, 1979, for all employees in classifications assigned to Unit 4. Art i c 1 e 2 .- UN ION SE CUR I TY Section 2.1 AGENCY SHOP A probationary or permanent employee who is employed in a classification covered by this Memoraundum of Understanding shall, as a condition of employment, be governed by the following agency shop provision- A. A probationary or permanent employee who is employed on the effective date of this agreement, and has duly authorized membership dues deduction in accordance with Section 2.1 of the 1981-82 Memorandum of Understanding between' the City of South San Francisco and The Union, shall as a condition of employment maintain)said dues deduction and union membership for the term of this agreement except that during the last 30 calendar days of this Memorandum of Understanding said employee may revoke said membership and authorization for dues deduction. Revocation shall be in writing and directed to the Finance Director during the last 30 calendar days of this Memorandum of Understanding. Said revocation shall take effect beginning the first day of the next full pay ~period following expiration of the agreement. The City will provide the Union with a listing of those who have terminated dues deduction. B. Probationary or permanent employees hired after the effective date of this agreement, into a classification covered by this Memorandum of Understanding, shall authorize, within 30 calendar days from date of hire, one of the following payroll deductions: 1. Union Dues or _ 2. Agency fee to equal 94% of union dues or 3. Charitable contribution to equal agency fee. Said charity to be one of the three mutually agreed upon and below listed charities meeting IRS 501 (c) 3 exempt from taxation requirements: a) United Way of the Bay Area b) Combined Health Agenc.ies Drive (CHAD) c) South San Francisco Boy's and Girl's Club The City agrees to make a good faith effort to advise the Union within 10 business days of a new hire. An employee who opts for Union dues shall not be permitted to change or terminate such deduction. At any time with proper authorization an employee who opts for Agency fee shall be permitted to change to Union dues but not a charity. An employee who opts~for a charity shall be Permitted-to change to agency fee or Union dues. C. No employee covered by this provision shall be required to pay any dues, fees or charitable contributions during an unpaid leave of 30 days dura- tion or longer if said employeee is on said leave due to the exhaustion of all paid leave benefits for which the employee is eligible. D. The following steps shall be followed, in Order, to enforce this provi- sion for employees who fail to comply ~ith the requirements of 2.1 B; 1. The Union shall notify the City, in writing, of the name of the -3- employee who has failed to comply and make a demand upon the City to enforce this provision and to collect amounts due under this provision commencing with the receipt date of the Union letter but not for any amounts covering time preceeding the Union demand letter. 2. The City, within 5 business days, shall in writing advise the employee of the requirements of section 2.1 B and that the employee has $ busi- ness days to comply. 3. If the employee fails to comply, the Union has $ business days to demand and authorize the City to involuntarily and unilaterally'Ueduct the agency fee from the employee's paycheck. 4. Within 5 business days the City must, in writing, notify the employee that if the employee does not voluntary comply with Section 2.1B. · . that the agency fee will be automatically deducted from the employees .. paycheck. 5. If,. within 5 business days, the employee does not comply, the involun- tary deduction of the agency fee shall commence reroactive to' the receipt date of the Union demand letter Under step 1. E. If Section 2.1B 3 is held to be'invalid under Federal or State law then all of Section 2.1B shall be null and void and subject to renegotiation. All other provisions of this Article shall be governed by Article 24-Separability. F. The Union agrees to indemnify and hold harmless the City and all offi- cials, employees and agents acting on its behalf, from any and all claims, actions, damages, costs or expenses.including a.ll Attorneys fees and costs of defense in actions against the City, its officials, employees or agents because of City compliance with this article. G. Sign-up forms for Union dues and Agency fee shall be provided by the . Union and approved by the City. -4- 2.2 Communications'with Employees The Union shall be provided reasonable space on bulletin boards at such work site for posting notices concerning official union business, iAll Such notices must receive prior approval from the department or division head before posting. 2.3' Advance'NOtice _ _ Except as provided below in this subsection, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation 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 appropriate management representatives prior to adoption.~ ~ If public safety, welfare or an emergency require any of the said acts by the City without such notice, the City may take such action and concurrently th'ere- . with give notice thereof, which affords the Union a reasonable time thereafter within which to meet the management representatives. ARTICLE 3. MANAGEMENT RIGHTS ~ To insure that the City is able to carry out its constitutional and statutory functions and responsibilities, nothing contained herein shall be construed to require the City to meet and confer on matters which are solely a function of management, including but not limited to the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classifications; to hire, transfer, promote, suspend, disCipline and discharge employees; to assign work to employees in accordance with the require- ments determined by the City; to establish and change work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to subcontract any work or operations; to determine and change methods of operations; to determine -5- ar, d change work locations and the processes and materials to be employed; to take all necessary'actions to perform its functions in emergencies. 3.1 Mediation City and Union .agree that the matters provided for mediation in the attached Exhibit "A" shall be submitted to mediation within a reasonable time. ARTICLE 4. 'NO' DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual preference, marital status, ancestry or legitimate union activities,. as defined by ).lyers-Milias-Brown Act, against any employee or applicant for employment by the Union or by the City or by anyone employed by the City; and to the extent prohibited by applicable state and federal law, there shall be no discrimination because of .age. There shall be no discrimination ~against any - handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established. ARTICLE 5. UNION STEWARDS 'AND 'OFFICIAL REPRESENTATIVES i 5.1 Stewards. 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 leaving their ~lork 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, provided, however, that the use of time for this purpose shall be · .. -6- reasonable and shall not interfere with the requirements of the City's services, as determined by the City. In the event the City determines that "Stewards" are abusing the provisions of this Article, the Union agrees to meet with the City, immediately, to investigate the City's complaint and to assure full compliance by Stewards with the provisions of this sub-section. Whenever an employee is required to meet with a supervisor or management official and the employee reasonably anticipates that such meeting will involve questioning 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 contact the Repre- sentative and arrange a mutually'acceptable time and day to hold the meeting. Once scheduled, the City shall not be required to reschedule the meeti.ng for the convenience of the Union Representative. 5.2 Representa~tive O_f the Union The Union shall provide the City with a written list (not to exceed two (2) individuals) of their authorized representatives and any changes thereto. An authorized representative of the Union shall be allowed to visit the work location for the purpose of ascertaining whether or not this Memorandum of Understanding is being observed. This right shall be exercised reasonably. An authorized repre- sentative of the Union shall report to the Department/Division Head before, proceeding to the work location. He shall not interfere with the normal conduct of work. Activities such as the soliciting of membership, collection of dues, holding membership meeting, campaigning for office, conducting elections and distributing literature is strictly prohibited during working hours without prior approval of the City- Manager. -7- · 5.3 Access to Personnel Files An employee or, on presentation of written authorization from the employee, in employee's representative, shall have access to the employee's personnel file upon request. Article 6 - SALARY PLAN 6.1 Increases During Term of ThislMemorandum of Understandinq: -- a) Beginning with the period which ~nciudes July 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 employees contribu- tion. For clarification the employees contribution to PERS will be reduced by the City from seven percent (7%) to zero percent (0%). The City's assumption of the employee's payment to PERS shall be under the authority of this Memorandum of Understanding and any applicable government code provisions which permit this payment without amending the retirement contract with PERS. It is understood that employees who are, or will, retire with a service or disability retirement, shall be allowed to make a one time, irrevocable conversion of the City's contribution, being made on their behalf, to base salary. The conversion shall be to the range number specified in "Exhibit B, as' attached, under the column entitled Retirement Range. Employees who wish to exercise this one.time, irrevocable conver- sion, must meet the following requirements- 1. SERVICE RETIREMENT: Minimum forty seven (47) years of age, and will be retiring no later than three (3)years from date -8- of conversion. DISABILITY 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 stationary and/or an application for disability retirement is made, whichever occurs first. c) d) Employees who, under "b" 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, overtime, holiday pay, and City contributions to PERS. The costs owed to the City will be from the time of conversion to the actual date of retirement. ~ An employee in a classification represented by Unit #4 as of July 1, 1982, who thereafter left the Service of the City through a service or disability reti'rement, shall reCeive the benefit of paragraph A to and including the effective date of said retirement. e) Special Adjustments- Beginning with ithe pay period which inclu- des July 1, 1982, the following classifications shall receive spe- cial adjustments in addition to the general increase- CLASSIFICATION Assistant Mechanic/Machinist -9- PERCENTAGE 6% WQCP Maintenance Worker II WQCP Maintenance Worker I Equipment Operator/Serviceworker Industrial Waste Inspector 3~ 3~ 3~ 1.75~ f) This paragraph restates the provisions contained in the Memorandum of Understanding 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 not by so restating it modify the com- pensation 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 entitled "Salary Ranges Effective in the Pay Period Which Includes July 1, 1982, for Unit #4," attached hereto a6~ incorporated herein sets forth the ranges as contained in the City of~South San Francisco Master Salary - Standard Bi-Weekly Tables and reflects the increases stated in 6.1 (above). 6.3 Salary Plan Administration, Original IAppointment The salary for a new employee 'entering City employment shall be the minimum or first salary step for the c'lassification to which the employee is appointed p~ovided, however, that the City Nanager may, when circumstances so warrant, appoint at other than the first step. Whenever an employee(s) is recruited (excluding reinstatements and re-employments) for a position at. other than the first step within a range, all employees in then .. same position in steps below the recruitment step shall be raised to the step at which the. new employee(s) was recruited. 6.4 Salary Plan AdministratiOn, Advancement Within'Salary'Range Employees appointed at the first step ("A") shall be eligible for advancement to the second step ("B") of the specific salary rang~ 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. 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 which the revised schedule applies, shall be paid at the same step in the revised range as the step at which the employee was paid in the previous range. -11- 6 5 Salary Plan Administration,'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 increase. When an employee .is demoted, whether such demotion is voluntary or otherwise, the employee's compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted and unless otherwise provided, the specific rate of pay'within the range shall be determined by the City Manager; .provided, however, that an employee demoted ~s a result of abolition of position shall be placed at the salary step in the lower classification which most closely approximates, but does not exceed, the employee's salary in the higher classifica~ tion. If an employee takes a voluntary demotion to a classification previously held from a classification within the same series', the employee shall be placed at a step commensurate with length of service in both classifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification which the employee held last, and the service time at such step shall be the same as the service time held previously ,. at such step. 6~6 Temporary Upgrading- Like Work' for Like Pay An employee assigned by the City to the duties of a first-line supervisor or above, shall be paid the salary of the position s/he performs commencing with the first day of said assignment. First-line supervisory employees, and above, assigned to duties of a higher classification shall not be paid the salary of the higher classification unless they serve in the capacity for thirty (30) consecutive calendar days or more, in which event, they shall receive the pay of the higher classification commencing with the first day of said thirty-day service. -12- 6.7 Salary'Plan, Pay Periods EmPloyees shall be paid bi-weekly, unless mutually .agreed to by the City and Union. 6.8 Longevity'Pay Plan Permanent full-time employees shall be eligible for longevity pay in accordance w~th the followi.ng schedule: L.en~th of continuo'us'se~vice Longevi ty Pay/.Monthly Ten to fourteen years, inclusive Fourteen to nineteen years, inclusive Twenty to twenty-four years, inclusive .Twenty-five to twenty-nine years, inclusive Thi.rty to thirty-four years, inclusive Thirty-five to thirty-nine years, inclusive Forty years or more $'10 15 20 30 40 50 60 ARTICLE 7. '"'PROBATION'PERIODS 7.1 Dura ti on All original and promotional appointments shall be tentative 'and subject to a probationary period of not less than twelve (12) months of actual service from the date of probationary appointment or promotion; An employee who is laid off and subsequently appointed as a result of certification from an employment eligible list to a position of a different classification than that from which laid off, shall undergo the probationary period prescribed for the classification to which appointed. Former probationary employees appointed from a reinstatement or re-employment list must serve the remainder of'the probationary period in order to attain permanent status. Employees who transfer to another division shall be required to undergo a new probationary period in the position into which transferred. If unsuccessful in the new probationary period, the voluntarily transferred employee may be terminated from City Service. Employees transferred non-vOluntarily shall be reinstated to their former position if unsuccessful in their new probationary period. -13- 7.2 Rejection The appointi.ng authority may terminate a probationary employee at any time during the probationary period without right of appeal in any manner and without re- course to the procedures provided in Article 18 {Grievances} hereof, unless'the employee alleges that the termination was due to discrimination prohibited by City, State and Federal stal~utes or regulations. If such discrimination is alleged, the appeal or grievance shall be decided solely on the basis of whether or not the termination was due to discrimination; and unless it is determined that there was discrimination, the person or persons hearing the appeal or grievance shall not substitute their judgment for that of the appointing authority. 7.3 Promotional Probation An employee who has-previously completed the requisite probationary period'and who is rejected during a subsequent probationary period for a promotional appoint- ment (except as provided for in Article 21) shall be reinstated to the former position from which the employee was promoted, prdyided that this sub-section shall not be construed so as to prohibit the City from discharging any employee during a subsequent promotional probationary period for those reasons and causes set forth in Article 17 of this Memorandum of Understanding. ARTICLE 18. 'TRANSFER, PROMOTION 8.1 Transfer An employee may be transferred by the-City Manager from one position to another position in the same or comparable classification carrying essentially the same maximum salary and which the employee is qualified to perform'. 8.2 Promotion The City shall endeavor to fill vacancies by promotion when in the best interest of the service. In the event the City Manager determines to fill a vacancy by promotion, the Personnel Board prepares and administers an examination for those .. employees who meet the minimum qualifications. The names of the successful candidates shall be recorded in the order of their 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 changed by the City Council Resolution) on the employment list who are ready, willing and able to accept the position offered. .8.3 Employment LiSts Promotional lists shall become effective upon approval thereof by the Personnel Board. Employment lists shall remain in effect for one (1) year, unless sooner exhausted and may be extended, prior to their expiration dates, by action of the Personnel Board for additional three (3) month periods, but in no event shall the list be extended for more than one additional year. If an appointment is to be made from an open-competitive list, the names of all persons on the list shall be .__certified. The name of any person on an employment list may be removed by the City Manager if the eligible person requests, in writing, that his/her name be removed, if the employee fails to respond to a written offer of employment six (6) business days from mailing, if a subsequent report of an investigation is unsatisfactory, or if the person has been passed over for appointment three (3) times. A candidate who rejects an offer of employment shall be removed from the employment list. .. 8.4 lime Off for Examination Promotional examinations scheduled by the City during an employee's regular working hours may be taken without loss of compensation. · -15- ., . , ' T 1Ir ,. '~RTICLE 9. " 'REDUCTION'IN'FORCE/LAYOFFS AND RE?EMPLOYMENT , . , .... 9.1 CoUncil 'Determination Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and lay-off, reassign, demote or transfer an employee holding such position or employment and same shall not be deemed a disciplinary act or act requiring written charges. The appointing authority may likewise pay ot=f an employee in the competitive service because of material change in duties or o. rganization, or shortage of work or funds. 9.2 , Seniority Seniority, for the purpose of layoff, is defined as length of continuous full-time employment within the service of the City, except for service on a provisional and temporary status, Seniority shall be retained, but shall not accrue during any period of leave without pay, except for authorized military leave granted pursuant to California State Military and Veteran'~s Code. 9.3 Order of Layoff' When one or more employees performing in the same class in a City department are to be laid off (provisionals and temporaries therein 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 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. -16- .... fl 9'.4 Notice of'Layoff Employees shall be forwarded written notice~ including reasons therefor, by Certified Registered Mail, Return Receipt Requested or Personally Served, a minimum of ten (10) workin§ days prior to the effective date of lay off. An employee receiving said notice may respond, in writing, to the City Manager. The employee's representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circum- stances requiring the lay off and.any proposed alternatives which do not include the consideration of the merits, necessity, or organization of any service or activity. The provisions of Section 9.5 must be requested by the employee, in writing, five (5) working days prior to the effective'date of lay off. ~ 9.5 Reassignment in-'Lieo'of'Layoff a) Vacant Position in-City- In the event of layoff, the employee will be allowed to transfer to the vacant position which the City intends to fill in the same classification 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 requeslt, 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 regular lay off procedure in the same or lower salary level shall apply. -17- J) Employees transferred, reassigned~ 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 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 exercise 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 leave 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, in order of their seniority. 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-employment · list of classifications which, in 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 of seniority. Vacant positions in such classifications shall be offered to eligibles on the re-employment list who qualify for such vacancies prior to an open or promotional recruitment. c) ~1o name shall be carried on a reinstatement or re-employment list for a period longer than two years. Refusal to accept the first offer of rein- statement or re-employment within a classification shall cause the name to -18- be dropped from the list: Individuals not responding to written notification, by Certified Restricted Mail, Return Receipt Requested, forwarded to their last given address, of an opening within ten {10) working days from mailing shall have their names removed from either a reinstatement or re-employment list. Individuals who do not meet current employment standards {i.e., medical, licenses, etc.), shall have their names removed from either a reinstatement or re-employment list. d) Probationary employees appointed from a reinstatement or re-employment list must serve the remainder of their probationary period in order to attain permanent status. ARTICLE 10. RESIGNATION'AND REINSTATEMENT 10.1 Resignation · An employee desiring to leave the City in good sta~di.ng shall submit a letter of resignation to his immediate supervisor no later than two weeks in advance of the effective date of separation; complete an exit interview; and receive a satisfactory __final evaluation. .. 10.2 Reinstatement A permanent employee who has resigned in good standing may be reinstated within two 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 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 rate at which the employee is reinstated. _ -19- ARTICLE 11. 'HOURS OF WORK, OVERTIME 11.1 Work Day 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 r. egular starting and quitting time. 11.2 Work Week The work week shall consist of five consecutive eight hour days. 11.3 Work Schedule Work schedules showi.ng 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 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 Work Schedule' Sew..age Treatment Plant Employees assigned to the Sewage 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 otherwise prOvided. An employee. .. . required to work in excess of their scheduled hours of work shall be comPensatgd for each overtime hour so worked at the rate of one and one-half (1½) times the employee's base rate of pay. No form of overtime payment shall be made where time worked prior to the beginning of a shift or following completion of a shift is less than twelve (12) minutes duration. -20- ' :IE 'l Employees may, at their options 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 tw~nty~-four (.24) hours in lieu of pay for said overtime; take the overtime as compensable time off provided, however, anyone wishing to exercise this option must give fi"ve (5)'days notice of the desire for such time off and the time off must b~ taken under such conditions as will not interfere with the minimum manning and continued function of their particular department or operation. 11.6 Call Back An employee recalled to work outside Of' and not continuous with regularly scheduled hours shall be paid a minimum of two (2) hours at the rate of one and one-half (1½) .. times-the employee's base rate of.pay. Call back time commences when the employee reports to work and ends when the employee is released from the work assigned. ARTICLE 12. HOLIDAYS 12.1 AuthoriZed Holidays The following are the authorized holidays: (1) January 1 (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 Col umbus Day Veterans Day Thanksgiving Day Day following Thanksgiving Four hours of workday preceding Christmas Christmas Day Four hours of workday preceding New Year's Day *Each employee shall be entitled to take one paid holiday each calendar year, which holiday may be taken at the discretion of the employee, and must be used by December 16, 1982, subjec~ to prior approval of the department head. Employees shall be entitled to be compensated for taking said discretionary holiday but shall not accumulate discretionary holidays nor be compensated in the event the discretionary holiday is not taken. When any of the aforementioned holidays fall on a Sunday,. it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the preceding Friday. ~12.2 Holiday Pay Regular full-time employees except for personnel assigned to continuous operations, shall be entitled to observe all authorized holidays at full pay, not to exceed eight {8) hours of any one (1} day, provided they are in pay status on both their regularly scheduled workdays immediately precedi.ng and following the holiday. Employees assigned to continuous operations, who by nature of their assignment are unable to observe City holidays, shall be comPensated for authorized holidays as follo, ws- Straight-time for the holiday and stra. ig,ht-time for the hours worked. Personnel scheduled to work on a City .holiday, but who are unable to do so due to a job-related injury, shall remain eligible for payment in accordance with this provision as long as he is not receiving compensation from other sources. An employee unable to work a holiday due to illness or to an injury unrelated to th_: 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. *Each employee shall be entitled to take one paid holiday each calendar y. ear, which holiday may .be taken at the discretion of the employee, subject to prior approval of the department head. Empl.oyees shall be entitled to be compensated for taking said discretionary holiday but shall not accumulate discretionary . holidays nor be compensated in the event the discretionary holiday is not taken. When any of the aforementioned holidays fall on a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the precedi.ng Friday. 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 (1)' day, provided they are in pay status on both their regularly scheduled workdays immediately precedi.ng and following the holiday. Employees asS.igned to continuous operations, who b~y nature of their assignment · .are unable to observe City holidays, shall be compensated for authorized holidays as follows' Straight-time for the holiday and straight-time for the hours worked. Personnel scheduled to work on a City holiday, but who are unable to do So due to a job-related injury, shall remain eligible for payment in accordance with this provision as long as he is not receiving compensation from other sources. An employee unable'to work a holiday due to illness or to an injury unrelated to the job shall'also be compensated for the holiday pursuant to. this provisiOn provided, that he submit to the department head a doctor's certificate verifying the illness or injury. -23- ~2.3 Work Performed on'a Holiday Except for employees ass. igned to continuous operations or as provided in Section 12.4, 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. · 12.4 Joint sewJ~'Pi'a~' In addition to the personnel assigned in rotational shifts, two workers may be assigned to work at the Treatment Pl·ant on December 24 (one-half day)and December 31 {one-half day} and the Friday followi.ng Thanksgiving, said two additional employees to be compensated at holiday pay computed as follows: Straight-time for the. holiday and' straight-time for the additional hours worked. The assignment shall be made by the Superintendent of Sanitation, first relying on volunteers, and 'if there are no volunteers, th~n on a rotational system established by the Superintendent of Sanitation. ARTICLE 13. VACATION'LEAVE 13.1 Vacation Leave Regular full-time employees shall accrue vacation leave as follows- Length of Continuous Service Vacation Hours Accrued ' Bi,Weekly .... Annual 'Equivalent First full four years After 4th year After 14th year After 24th year 13.2 Deferral 3.08 10 days 4.62 15 days 6.16 20 days 7.69 25 days An employee may, with the approval of the Department Head and City Manager, defer one (1) work week of his vacation leave to the succeedi~ng calendar year. The employee shall file written request to defer with the Department Head. If the requirements of the service are such that an employee cannot take all of his '24- vacation to which he is entitled in a calendar year, he may defer, .with the approval of the department head, the unused portion to the followi.ng year, pro- vided that no more than thirty {30} worki.ng days of vacation can be accumulated. Deferred vacation which is not taken' during the calendar year immediately following the calendar year in which the vacation leave was deferred shall be compensated for. · 13.3 Schedul ing The times during the year at which an employee shall take vacation shall be deter- mined by the department head with due regard for the wishes of the employee and particular regard to the needs of the service. 13.4 Pay Upon Termination ~ Employees separating from the City service shall be paid at their current hourly salary rate for.all unused accrued vacation hours. No such payment shall be. made for vacation hours accumulated contrary to the provisions of these sections. ARTICLE 14. ·LEAVE PROVISIONS 14.1 Sick Leave '~ (a) Permanent and probationary employees in Unit 4, except those who 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 in lieu of any amounts employee is entitled to receive for Workers' Compensation or other income supplement sources existing by reason of the employee's employment by City. In consideration 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 will provide · . -25- f- previously agreed upon health: dental and life insurance. The City w~ll also provide long term disability inSurance for said employee which insurance shall provide, subject to terms and Conditions contained therein, for the payment of two-thirds (2_/3) of base salary after the expiration of the ninety (90) calendar days described above. (b) After the expiration of ninety (90) calendar days from the commencement of a given disability or illness, the City will pay the employee, at the employee's .. option, any accrued vacation time. The City will also cont'inue 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 sixty-five (365) calendar days from the commencement of a given disability or illness, the City has'the right to review the case of the individual employee and either separate the employee from the City's service or continue employment beyond three hundred sixty-five (365) calendar days. (d) After the expiration of three hundred sixty-~-ive (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. Nothi.ng herein shall be construed so as to limit the employee's right to receive lo. ng term disability benefits under the Long Term Disability Policy beyOnd the three .hundred sixty- five (365) day period. (e) Entitlement to use of Sick'Leave: To be entitled to use of sick leave, the employee must satisfy all of the following conditions: 1. The employee must notify his/her supervisor prior to the commencement of the shift for which compensated sick leave is sought, in accordance with departmental pol icy. 2. Each employee on sick leave (for personal disability) must produce evidence Satisfactory to the City describing the nature of the illness, and such evidence may be in the form of a personal affidavit or shall be in the form of a certification by a medical doctor if requested by a supervisor with prior notice t-o the employee. It is the employee's responsibility, if.requested by the 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 ill or disabled for more than thrity-nine {'3g} work hours,'the employee shall present to the City, before returning to work, a certification by a medical doctor describi.ng 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 ~vithout any restrictions. 3. Notwithstanding the foregoing sections, the City reserves thei?iight to take such action as it deems necessary t6:confirm or verify actual illness or disability. {f) "Sick leave" as used he)-ein, is defined as the period of time during which the employee suffers actual personal illness or disability which necessitates his absence from employment. Sick leave is' not a right or privilege 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 Regulations in effect as of July 8, 1975, each employee will be entitled to payment upon leaving 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 sick leave accumulated prior to January 1, 1977, at the employee's existing salary for fifty percent (50%) of the days of accumulated sick leave, which accumulated days of sick leave · shall not exceed one hundred twenty (120} days. Said right to payment is deemed a property might which 'shall not be taken from the employee without mutually agreed upon consideration. If state or federal legislation is enacted into law then mandating a percentage other than the fifty percent {50%) de-. scribed herein, then such mandated percentage shall supersede the @ercentage described herein. This sub-paragraph restates the provisions contained in the Memorandum of Understanding dated the 8th day of July, 1975, approved by Resolution No. 95-75, adopted by the City CoUncil on the 8th day of July, 1975, and the restatement herein does not modify the meaning or application thereof. .. 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 submit a personal affidavit describing the nature and need of such V~sits. The'City reserves the right to confirm or verify any appointments for which such leave is authorized. 14.3 FAMILY ILLNESS LEAVE- (a) An employee may use up to eight (8) hours per calendar year in order that he/she may care for a sick or injured member of his/her immediate family requiring his/her care, or to obtain medical consultation/treatment to pre- serve the health of a sick or injured member of his/her immediate family, provided the immediate family member resides in the employee's home. Immediate family member shall be as defined below. The requirement to reside in the employee's home shall not apply in cases involving the employee's mother, father or child. Leave usage forms ~nd notification pro-. cedures will continue to be used, provided the City reserves the right to take such action it deems necessary to confirm or verify use of this leave. (b) Each employee may take leave without loss of.pay.for the purpose of attendi.ng the funeral of any member of his immediate family, as defined hereinafter, for the period of three (3) workdays per occurrence within the State of California or five (5) workdays per occurrence outside the State of California. (c) As unsed herein, "immediate family" is defined to be spouse, parents, brother, · 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 Manager may grant the above described leave in the event of the illness or disability or funeral of someone other than those persons designated if, in the City Manager's opinion, there exists an extraordinarily close relationship between employee and such person. 14.4 Leaves of AbSence The City Council may grant an employee in a permanent position a leave of absence without pay or benefits not to exceed, one (1) year. The City Manager may. grant an employee in a permanent position a leave of absence vlithout 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 discharge. 14.5 Maternity Leave Leave shall commence upon certification from the employee's attending physician that she is no longer capable of performing the duties of her position. -29- Upon the advice of her physician~ the employee may request a temporary transfer to a less strenuous or hazardous position carrying 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 Pregnancy, the transfer of the employee shall be'accommodated, Where temporary transfers have not been gra~ted under other circumstances,, the employee's request will be approved only if it can be reasonably accommodated: However, nothi.ng 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 to 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 City and shall not be ordered without prior approval of the appointing authority. The employee shall be entitled to utilize sick leave benefits on the same basis as other classified employees who are temporarily diSabled due to a non-industrial ill- ness or injury. While the pregnant employee is on a paid .leave status, service credits shall continue to accrue and the City shall continue payments toward 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 period of leave and the employee would otherwise not have been laid off. Prior to the employee being reinstated, the department head may require a statement from the attending physician the employee is physically capable of resuming the' regular duties of her position. -30- An employee may request a leave of absence as provided under Section 14.4 at the conclusion of her disability/. 14.6 Military Leave Military leave shall be granted in accordance with the provisions of applicable California State and Federal law. All employees legally entitled to military leave shall provide the dep'artment head an opportunity, within the limits of .. the military orders or r. egulations, to determine when such leave shall be taken. Department heads may modify the employee's work schedule to accommodate the .. requirements applying to the leave. ARTICLE 15. ' ' HEAl_TH AND'WELFARE'PLANS 15.1 Health' InsUrance The City shall provide a fully paid health insurance plan at the current benef'it level for permanent full-time employees and their eligible dependents with the option available to the employee to select the plan known as the Kaiser "S" Plan or the Bay Pacific Health Plan. OPen Enrollment' Employees may select on a yearly basis to change health insurance carriers' in accordance with the provisions of the group insurance contracts. 15.2 Dental Plan The self-insured program of dental care benefits existing as of August 17, 1977, shall be continued during the term of this Memorandum of Understanding. The cost of such p. lan for permanent full-time employees and their eligible dependents shall be fully paid by the Cityo 15.3 Vi si on 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 during the term of this Memorandum of Understanding. The cost of such plan for permanent fbll-time employees and their eligible dependents shall be fully paid by the City. 15.4 Life Insurance The term life insurance coverage, including accidental death and dismemberment shall be increased from $7,500 to $10,000 effective with contract amendment with the carrier and shall be continued during the term of this Memorandum of Understanding.. The cost of ~uch plan for permanent full-time employees shall be fully paid by the City. 15.5 Long Term'Disability Insurance A long-term disability insurance plan which, subject to the terms and conditions' thereof, shall provide for payment of two-thirds (2/3) of base salary during ~ disability and shall be continued at the current benefit levels duri.ng the term .. of this Memorandum of Understanding. The cost of such 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 and the Public Employees' Retirement System (PERS) in behalf of eligible permanent full- time employees of this Unit as of August 17, 1977, shall be continued during the term of this Memorandum of Understandi.ng. 15.7 Retiree Health Plan City agrees to provide employees retiri.ng with a service retirement through PERS with the same or as near equal health coverage as possible provided for active employees (employees only - not family members) on the fOllowing basis: If the employee retires at age 65 and has been employed by the City for ten (10) years, s/he is eligible for employer payment of the aforementioned health insurance for the'rest of his/her life. . . -32- If said employee retires under the .age of 65, s/he must have~ in addition to the ten (10) years~ accumulated one (1) additional year for each year under the .age of 65. ARTICLE 16. "SAFETY 16.1 Observance Of' Safety~ Rul es' and' Regulations Both the City and Union shall expend every effort to ensure that work is performed with a maximum degree of safety, consistent with the requirement 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. egulations that may' be adopted~. Employees further .agree that they will report all ~accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of or who is'a witness to an accident shall, if requested, give full truthful testimony as to same. 16.2 Safety'Program _. The City has established a'safety program, and representatives of the Unit shall' serve on the safety committees. 16.3 Safety EquiPment The City shall continue to supply employees with safety equipment required by the City and/or CAL OSHA. All employees shall use City supplied safety equipment only for the purposes and uses specified under applicable safety rules and regulations. ARTICLE 17. DISCIPLINE 17.1 Actio_n by City The City may discharge, suspend, demote or reduce in salary any permanent employee for reasonS including, but not limited to, dishonesty, insubordination, incompetence, o w~llfUl negl.igence: failure to perform work as required or failure to comply with or violation of the City's rules regarding safety, conduct and operations, chronic absenteeism, misstatement of fact on an application or other personnel document, falsi.fication of records, unfitness-for duty and absence without authorized leave. Any discharged, suspended or demoted employee, or an employee whose salary has been reduced for disciplinary reasons, shall be furnished by 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 through the grievance procedure within five (5) working days from the date of the actual disciplinary action. 17.2 Notice of'DisCiplinary'ACtion The City shall provide the affected employee with wri'tten notice prior to taking disciplinary action, except where circumstances dictate the City taking immediate action to remove the employee from the work place. In such cases, written notice, as set forth below, shall be provided the employee within two (2) working days of the action. In all cases, written notice of disciplinary action shall be served on the'employee personally or by registered mail, return receipt, with a copy of the 'notice to be placed in the employee's personnel file'. The written notice shall contain the following information: a. The type of disciplinary action. b. The effective date of the action. .c. The reason or cause for the action. d. That the employee shall be furnished copies of all materials upon which the action is based. e.. That the employee has the .right to respond, either orally or in writing, to the authority initially imposing the discipline. -34- E~cept in instances where disciplinary action must be imposed immediately, the notice shall be provided the employee no later than five (5) workin9 days before · the disciplinary action is to be effective. Where 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 d. ays from the receipt of the notice to respond to the authority initially imposing the discipline. Once the proposed disciplinary action has been imposed, the affected 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 Memo- randum. Probationary employees may be discharged 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 Definition of Grievance A grievance shall be defined as any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding during its term, excluding all ordinances, resolutions, rules and regulations, the contents of which are not specifically Covered by the provisions of this Memorandum of _ . Understanding. Such excluded ordinances, resolutions, rules and regulations shall not be subject to a grievance procedure. 18.2 Steps in Grievance Procedure Step i - 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 occurrence -35- 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 step within five (5) working days of the date the grievance is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance which shall contain the following information- a. The name of the grievant. b. The grievant's department and specific work site. c. The name of the grievant's immediate supervisor. d. A statement of the nature-of the grievance including date and · place of occurrence. e. The specific provision, policy or procedure alleged to have ~ been violated. f. The remedies sought by-the grievant. g. The name of the individual or organization, if any, designated by the grievant to represent him in the processing of the grievance. '. However, in no event shall an employee organization other than the one which formally represents the position occupied by the grievant be designated as the grievant's representative. Step 2 - An employee dissatisfied with the decision of the immediate supervisor in Step 1, may submit the grievance in the manner provided above to his department head within seven (7) working days from the date of the immediate supervisor's decision. The department head shall respond to the grievance in writing within seven (7) working days from the date of its receipt. 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 head's response. The City Manager or his -36- designated representative, Shall respond to the 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 Manager, he may submit the grievance to the Personnel Board. Notice of appeal must be filed in Wri.ting by the employee with the City Manager's Office within fifteen (15) working days of rec,eipt of the Manager's decision. The City Manager shall provide written notice of the appeal to each Board )iember, 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 than 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 hearing on the matter within fifteen (15) working days from the date 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 writing within fifteen (15) working days following the close of hearings and shall furnish copies of such decision to all parties involved. The majority findings of the Board shall -37- be 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, nor decide 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 Memorandum of Understanding or written .agreements or addenda supplementary hereto, shall not be grievable and no proposal to.modify, amend or terminate this Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposal, may be grievable under this Section; and the Personnel Board shall not have the power to amend or modify this Memorandum of Understanding or written agreement or addenda supplementary hereto, or to establish'any new terms or conditions of employment. .. ~ 18.5 - All grievances involving or concerning the payment of compensation shall be initially filed in writing with the department head. 'In such cases no adjust-' ment shall be retroactive for more than thirty (30) days from the date upon which the grievance is filed. Only grievances which allege that employees are not being compensated in accordance with 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 meeting and conferring process, and if not detailed in a Memorandum of Understanding which may result from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. ARTICLE 19. APPRENTICESHIp The Union and the City .agree to implement Stationary Engineers Local 39 Apprenticeship Program as soon as the details of such program can be agreed 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~shift. Such rest breaks shall not be accumulative and shall be taken at a time when the work schedule permits. ARTICLE 21. AUTOMATIC PROGRESSION 21.1 Treatment Plant Operator I'to 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 currently employed as a Treatment Plant Operator I, who has in his possession a valid Grade II Wa'stew~ter Certificate issued by the State of California, shall be immediately advanced to,Treatment 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 immediately 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 -39- 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 ~4aintenance 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 as a 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 Understanding between City and Union, Personnel Rules, Regulations, Resolutions and Ordinances. 22.3 - No changes in this Memorandum of Understanding or interpretation thereof (except decision of the Personnel Board andiCity 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. EMPLOYEES COVERED Provisions of this Memorandum of Understanding 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 invalidation of such section, clause or provision shall not invalidate the remaining portions 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 rendered or declared illegal. ARTICLE 25. TE~I OF MEMORANDUM OF UNDERSTANDING . _ This Memorahdum 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 August'31, 1983. INTERNATIONAL UNION-OF OPERATI'NG EJ~NEER~, STATIONARY LOCAL "APPROVED BY CITY COUNCIL RESOLUTION NO. 148-82 ADOPTED 11/17/82" ,o - ..;.;h 1 2 1977-. RESOLUTION XO. 5878 · CITY COUNCIL) 0}' SOU.~! SA[4 ERANC'ISCO~ STATE CITY A RESOLUTION' APPROVING I'IEMORANDUM OF UNDERSTAHDING BETWEEN EMPLOYER AND EMPLOYEE, REPP~:SENTATZVES MEDIATION. BE IT RESOLVED by the City Council of the City of South San Fmancisco that the Memorandum of Understanding meEamdin~ mediation of ~he dispute between. Cit~' and employees dated June 26 m 19 72 ~ desi~ated Exhibit "A" attached hemeto and · · . · · . made a paint hemeof','havinE bee.n, entemed into b~tween employe~ mepmesentativ~s and employee havi.n~ been duly ' hemeby' appmove OF CALTFOR~IIA considered'by ~'he Council~ the Council does' · said Memorandum. of Understanding.. .. ~ I hemeby certify that the foregoinE ~esolution was ~egulanly"i-ntrodueed' and adopted, by City of South San Francisco.at a -. · · held on the . 28th day of . June the follo%~ina vote- t COUNCIL!~N the City Council o.f 'the spec! a ! meeting ,, ~ 19.7~ , by- . . · Patrick E. Ahem, 'Gc~rdo, T. Bobll~t. ;ZES ) Jam A. Borba and F. Frank I! NOES ~ None ABSENT, . . Wa?ren $~elnkamp ATTEST: ty 'Clerk - EXHIBIT "A" · · ' HEI/..ORA~UM OF UNDERSTANDING · . · THE UNDERSIGNED employer and employee representatives ackno~led9~ and affirm ffhat ~hey have m~t and conferred In good faith, exchanged proposals and ~unter proposals, and In al I respects ful fi I led'their mot and confer regarding ffhe-maTfers hereinafter set forth, ~ccoptance and app(oval of ~hlch ghe represengaglvos agree go recomnd . tho Cl?y ~uncil of The '.CITy o~ South San Francisco and The emPlOyees of' The . CITy o{ South San Francisco.' " '. ' ' - I~'HEREAS, the employee representatives propose the Tel Io~in[l: · · "The City of South San Francisco shall nOT co~Tract or subcontract To any person, firm, partnership, corporation, or combi.nation Thereof, · any service, or work traditional ly. performed by employees of the City.. In addiTion,, any new servlce'provlded 1o The citizenry by The-City ' shall only be Pe_rf. ormed by employees hired by the City under ih.e 'Personnel Rules and Regulations," " ' and T.~HEREAS, ~he City holds the opinion That It has the obi igaTton To'se. lect · Tho moghods by which extsTing and new services a. re TO b~ performed,' inclu, ding conTracTing or subcontracting and the hiring of employees pursuan~ t¢ The Personnel · Rules and Regulations whith the proviso 'that reasonable provisions be made r.eg. ar, d- · lng lay-offs, transfers or other acts affecting City employ·merit, and : h'~ER[^S, The employee and employer representagives at ~his tl~a regarding said concepts and/or provisions and desire to explore and ' develop said concepts Through tho process of ~gdiation as provld~d in govorn;~enT Coda Section 3505.2 ,;Ith tho rcadia'?lon no~ being binding on either party until said'concepts and provisions are mutually agreed ypon and pending comple~ion of Exhibit "A" to Unit 4 Memorandum of Under- standing for July l, 1979 - J~ne 30, 1981· · mir' sal.d raodlaHon no lay-offs will bo mado by CIt'¥ for '[he purposo ot: con't'r'acl'in9 · or subcontractl'ng }ti'l-h any pdrson, firm, partnership, corpora'l-Ion 9r comblna'i'lon · 'l'horoof for' any $orvido or }tork now performed by oraployees of 'l'ho City; THEREFORE, IN CONSIDERATION OF THE AFOREGOING PREI~iSES, IT IS AGREED AS FOLLOWS: . . Tha~ ~he par~les shall submit tho matter contal~ed In the recl.'tals above · · mediation pi-usuan,l, to Gove. rnment Code'Sec~'lon 3505.2. ,~. ... · e ' Itt I~ITffESS WHEREOF th~ parries hereunto have executed ~his. tt~mg, randum · . of Understanding in ~ho City of South San Francisco, California~ as of fhls . 26th day of June~ 1972. ' N~,~(ty' Aftor~e¥, City' of-5out:h' San Francisco EHPLOYEE REPRESENTAT lYES }4ichael O~Keanon, Local 1569 ~FsC&HF-, A[L-CI Exhibit "A" to Unit 4 Memorandum of Unaerstanding for July l, 1979-. June 3D, 1981 'Frank Gi 1 l-is, Lo'c~t 57, AFSCME, AFL-'CiO 'Robert Potorson, S.S.F, /-lunicipal' EmPloyees Associa?ed wil'h MEBA - ]~on Hudna I I, 14ar i'ne~Er~9 i neers ~- Ben~ f i c i a-! A Ed tlili, Intcrnat'iOnal Fir0 Fighters Assn, mi EXHIBIT "B" UN IT '#4 - BASE RANGES EFFECTIVE. IN THE PAY PERIOD WHICH INCLUDES JULY 1, 1982 CLASSIFICATION , , Mechanic, Water Quality Control Plant Mechanic/Electrician, Water Quality Control Plant Industrial Waste Inspector T~eatment Plant Operator II Assistant Mechanic/Machinist Laboratory Chemist, Water Quality Control Plant Treatment Plant Operator I Equipment Operator/Service Worker Maintenance Worker II Maintenance Worker I Apprentice Operator: BASE RANGE 1066 1066 1051 978 1037 943 912 923 799 741 After completion of 8th 6 mos. Journey Level Scale 978E 8th 6 mos. 95% of Top Step Journey Level 7th 6 mos. 90%" " " " " 6th 6 mos. 85%" " " " " 5th 6 mos. 80%" " " " " 4th 6 mos. 75%" " " " " 3rd 6 mos. 70%" " " " " 2nd 6 mos. 65%" " " " " 1st 6 mos.. 60%" " " " " 930E 881E 832E 783E 734E 685E 636E 587E RETIREMENT R~NGE 1141 1141 1124 1047 1110 1010 976 988 855 793 10~7E 995E 943E 890E 838E -786E 733E 681 E 629E C(}PV ¥0: -.Rt. Aiello ... · Local 1569 - Council 57 EXIIIBIT "C'~ So. San Francisco AFSCME (AFL-CIO) 1569 · o William Malone . 123 So. Magno~ Ave., · Sd. San Francisc6, Calif. B~ce~er 12, 1962 ME!tORAH DUi.I ' "--~o~- at the S~nitation Department' To. Ual on ...=._~_,, . . r...:,-E 'W Kenney, Business Representative- Council 57 and Local 15.69 . . '" ' ' ' i''~'~ ~='-=~'~ ~-'~ en yo,m behalf, by '~e~ry .. -, S:~.:':~!ning,'S~pt.; B~b Peters:n~ Sis:urn; ~n,l ~. !]. X~nnsy, Busi~es~:- . . .o '~ ........ . A-.' e!' ' · .=w. ===,,-'.-=ti:.,_~; '~h-.: = C i ty ,'.~.,=b-=,"'~'"-'~"", i. lr_.__ .- a, a,3reed, to sub.r, dt his rec- . . . '. . -~ . c::a:'"~-'-'-~ah' ta,.~= ~. . t:?_ _.r;~y Council for"-'.-'-'.,.~, ,. sh:'r'"" ::,~.,~:.,.:,~,'"'--='-'--"- that.will - . . 3-. . - ' .. -~ '.' . .' ~ ? ~: -. .: orr 'e~ch '-'~;~' · ~'" ~:.~..~ ::~rking'days'-'--' t::o cans~cu'¢i~e days ' . . %- ' : ~ - .- '~ "~ .... ~-" ~Of :;'3zk~nd~ off " ' during ~he' six ':;ae'.c gyc!e raqui'-~.' ~o ro'~Ea 'Li, e shifts As a premina .... " for ..... ' ' '" ~ ~. . employee' Lo rsce'ive the saze pay fo)' 2B days ~.;ork that he is ceiving fa)' 30 days. This is an equita.a:e and generous arrange,nant. It :.;ill require so:ne -~.~_,.tion from t,.~ employe,;_~ tv'i~)~ reUJ~'d U~ :,chvduiing th,~ir vaca- Lions and t:e trust this will :~] forthcuml~)g. Due credit for tlJis prosress to date beloncjs La "-- .... "'- , ,.,,.:.~, ~ Ale] 1(,, Sch;:eini~,g and ' ,..,-.r, ..... ,~,idJ l.i,}n 1,7 '":' COtl;~ci 1 · ~ 'J,~ ~ .... t) · Exhibit "C" to Memorandum of Understanding for July 1, 1979- June 30, 1981 ,:,~. uF SanitatiaT~, il.~nry L. Schv~ei~iing ~cal i569 So. Sa~s Fr~,.~cisco E. %.1. Kenney, ~,usine-..s l~ep- " %':orkin9 Schedule and Yacat~on Schedule, Sar:itatio~ t~,-:fut- January R, 1963 .. · City Counci 1' c/o City l:lanager City of So. San FraP. cisco ,~!anor~b! _: i:',?.._hers: . · ~_a_cc-' e~d-~,--=. -.: ..... s. iith ~ha City ;.~anaBer's !nter'Offi~" !%~orandum, d~ted '~acs:'b~r 13, 1962, the Uiaian s~reas that , as a consleerat~on for the T. e_ ~.,._n. · ' City ~"~+~ __.~..ng ~ ~tl :iork schedule rot~_.,~=~.~--'-'-"" "~'= '~ Plant ~p!oyaas .... ~--'-~n~.__ ' =h.ll~.._. ba r~'-=-,.~.._,, ~ccordin,j' to a G~=--J~e)'~i"¢~. . =._~ sch~dul-_ ~nd in . -. zp{":-!'- .~f %:'ds -.--.~. ....... ,=:..=.,.,.+ ~r.~ i-.. so F-ar us it i~ ;'-'-ss=;'~ .... -to _~o so r.o . - . .-- - ~--'..-- "-,..~ -' "'"" P1 e.n~ ;-.qll · - .....,'~ ' ,'.~+-' a~, · .~. ~:',' quir~ ~ '~le:.:ibl~- -~i'rs.q~..c~,~ at ti~..'.ez, ..... ~ ..... t~l~ :'" ~ ~": -' ,,.~ ~ ~ ~ ~':~ ' ~,~:,os .ty .~o -.~-~+ spaciflc si~uatioi~s as lle-~-~-~'-- in th~ best ~nter-. est of the ..... -'~-'-" . a,.',~ployaes. '- · · ' . Very truly yours o E. H. Kenney, Business Represe:~tative' for Local 1569 and Council 57 cc' Supt. Sanitation. Local 1559 %{i b~esseJ by: ..~]r:att:res of al! e.~pioy,jes a-ff(..~u,l ~y t}:i~, matter appear side o[ ti,is letter.) Exhibit "C" tO'Unit 4 Memorandum of Under- standing for July l, 1979 - June 30, 1981 . o o D~e ...... ' December 13~_ 1962 - Workinq Schedule, '_Sanitation City Manager 14r. Ed...;. [enney Persennel Dept., Supt. Sanita~ion~ · City C1 erk . . ,,;:~,,,ur":'~:~"" t-~as held t.~ith representa~i{yes of 'the Union] ' . 'local.)-egarding days o~ 'wo'r~ for Sewage Treatment. Plant - ~mplm,~~ __~.- A ~e';~ schedule ilas .been ~orked. Out.'~;);ereby..- ~very ~plo~;e~ '~ould be wending o~ly fiv~ d~ys' straighL'- ~) ~ .~ ~ ~ ' as =~:=,=.d by the Union. lhi~ in e~ec~, ~ans that- ' each e=~loyee'of the ~--,- - ' .=t.~ge Trea~ent Pl=nt w~ll bb Ss~e~ul~ ~n 1his regard rs' ~'C~ec~ed ~ere~o.-' - e · - . ..... = this ' ~--- ti:an · .~r2.o~~,.:~", a~op..~ '~.. ~ this ~.....~..~. It ~S ~.=~: .... .~.. . - For th~ ~_'.r,a¥~. ',t.?~. o. scl~d,.~ ~. ';:'~ 11 ;~o~.' ~u~ ..... ~,. ~he. C~ty' any.."' '. ', · ~,.~ ~ -, ..,- -.-~ . . :~" lo:.:;ar it ;Hl!.p;-ob:~bly' not ~= l.-'.n9 .':~:f.~rb 6i~.fi ' " ' '-""'" ' ' '" '' ::-': · '- -'-e % . - .': '-- ~ -. -. · . -2'~'~ .-)) ~-~.~ · . culty :.:ill ~-e ;._.:.g=.lc_~.d, .... '..' . ..'.- '...,'c-, :s 's--.:.- ,--:--- ... -. , - .~-.-..- .. .'.%. -..-%.j,-.~- ,, o . , , m* . .~ , · .. o . ~ '"y .. - .~. :.-.o . · . sc~kadule .a.s =,_.bm~ ~tad, upon re, airing ~""-,, u,,, the Union . as c.,=nt ~:dt vaEa- .;'ap~senC~ti~-es of the ~mployees ~ coTai .... .. " '-- tions %,;ill be taken as stated above and in a manner to make %Io)'kable the schedule. · · EAlcm Eugene Aiel io, City Flana,3er Exhibit "Cu to Unit 4 Memorandum of Understanding foF July l, 1979- Oune 30, 1981 i · - I- ) · r i. % '41, · _ - ! 'k