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.
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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
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11.5 Overtime
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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
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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
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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 ~
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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
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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.
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that the agency fee will be automatically deducted from the employees
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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.
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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
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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
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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
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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.
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· 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:
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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. ·
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'~RTICLE 9. " 'REDUCTION'IN'FORCE/LAYOFFS AND RE?EMPLOYMENT
, . ,
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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.
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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.
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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
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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. _
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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.
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' :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.
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~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
· .
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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.
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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.
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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.
. .
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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.
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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
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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