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HomeMy WebLinkAboutReso 151-1982 RESOLUTION NO. 151-82 CITY COUNCIL, cITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING, UNIT #2, COMMUNICATIONS DISPATCHERS, REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1569, AFL-CIO, JULY 1, 1982 TO AUGUST 31, 1983. BE IT RESOLVED By the City Council of the City of South San Francisco that The Memorandum of Understanding with Unit #2, Communications Dispatchers, repre- sented by American Federation of State, County and Municipal Employees, Local 1569, AFL-CIO, July 1, 1982, to August 31, 1983, a copy of which is attached as Exhibit "A" and incorporated herein by this reference as set forth vebatim, is hereby accepted and approved. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to endorse on Page I and Signature Page of said Memorandum of Understanding the following: "Approved by City Council Resolution No. 151-82 adopted 12/1/82 II 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 1st day of December , 1982, by the following vote: AYES: NOES: ABSENT: None Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte Gus Nicolopulos; and Roberta Cerri Te.qlia None City Clerk EXHIBIT "A" UNIT 2 - PAY RANGE LISTING E.ffect-ive -In .The .Pay Per.i, od "That InClUdes'July 1~ 1982 Communications Dispatcher Senior Communications Dispatcher BASE'RANGE 854 940 RET I REMENT RANGE 913 1006 MEHORANDUM OF UNDERSTANDING BETWEEN CITY OF SOUTH SAN FRANCISCO AND UNIT 2 - COMMUNICATIONS DISPATCHERS (Professional and Paraprofessional Employees) REPRESENTED BY /~ERICAN FEDERATION OF STATE, Ct~UNTY AND MUNICIPAL E~tPLOYEES, LOCAL 1569, AFt-CIO TABLE OF CONTENTS · SECTION Preamble 1. Tern 2. Union Recognition 3. Work Week 4. Breaks 5, Work Schedule and Assignments 6. Overtime 7. Overtime Distribution 8. Salary 9. Lo. ngevi ty Pay 10. Education Incentive Pay 11. Deferred Compensation 12. Holidays 13. Sick Leave 14. Funeral Leave 15. Maternity Leave 16. Health and Welfare Plans 17. Dispatcher Representation 18. Employees Covered 19.1 Modification 20. Dispute EXHIBIT "A" - Salary Range Listing PAGE NUMBER 9 13 13 15 16 16 16 16' "APP. ROVED BY CITY COUHCIL RESOLUTION NO.- 151-82 ADOPTED 12/1/82 PREAMBLE THE CITY OF SOUTH SAN FRANCISCO [hereinafter, City) and Unit 2 (Professional and Paraprofessional) Communications Dispatchers, represented by'American Feder- ation of State, County and Municipal Employees, Local 1569, 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 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 - August 31, 1983; (.2) retroactive pay and demands and the effective date thereof were included in Unit 2 demands; (3) upon extension of the Memorandum of Understanding effective for the fiscal years of 1979-80 and 1981-82, members of Unit 2 continued to work during this period in absence of any wage increase with the'understandi.ng that the effective date of the negotiated salaries and benefits would be determined in thq final negotiated .agreement and; (4) negotiations have been completed and members of Unit 2 have agreed to give up their demands for higher wages and benefits for the period of July 1, 1982 - · August 31, 1983 and accept the n. egotiated wages and benefits hereinafter set forth for the period of July 1, 1982 - August 31, 1983 and the effective dates as therein provided. THIS MEMORANDUM OF UNDERSTANDING is the product of the above-described meet and confer process. Representatives of the City have agreed to present this Memorandum to the City Council for determination and Representatives of Unit 2 have agreed to present this Memorandum 'to their membership for acceptance and approval. -1- 1. Term. The term of this Memorandum of Understandi.ng shall be from July 1, 1982 August 31, 1983, at which time all .agreements, understandings, provisions and conditions herein shall terminate. 2. Union RecognitiOn. American Federation of State, County and Municipal Employees, Local 1569, AFL-CIO, (hereinafter referred to as the Union), is recognized as the majority' representative as provided in the City's Resolution No. 135-79, adopted December 4, 1979, for all employees in classifications assfgned to Unit 2. 3. Work'Week. Permanent full-time employees assigned to classifications in Unit No. 2 shall work the equivalent of a forty (40) hour work week. ~, 4. 'Breaks. If the workload allows, employees shall be afforded a thirty (30) minute meal break and one fifteen (15) minute break per shift. Said breaks are to be taken within the work station or its immediate proximity. 5. Work '.Schedule'and'Assignments. a) .The City reserves the authority to assign work to employees in accordance with the requirements determined by the City; and to:establish and change work schedules and assignments. - b) Normal schedule changes will occur twice annually in January and July. For a period beginni.ng six (6) weeks and ending four (4) weeks preceding schedule change, dispatchers may bid for assignments indicating their first three choices. Realizing that some rotation may be required 'and a balance of experience is to be maintained on the shifts, priority will be given by seniority to dispatchers.. The decision of the Supervisor is final. Schedules to be posted four (4) weeks prior to the schedule change. -2- c) Modifications to Posted'Schedules- The City reserves the authority to modify the assignments as necessitated by the needs of the service. The supervisor, in modifying the assignments, will take into consideration the seniority bid preferences of the dispatchers. 6. Overtime. Authorized work performed by an employee in excess of his scheduled workday and workweek shall constitute overtime, except as otherwise provided herein. An employee requi'red to perform radio-dispatching work and court appearances in excess of his scheduled hours of work shall be compensated for each overtime hour, or fraction thereof, so worked at the rate of one and one'half (1½) times the employee's base rate of pay. An employee required to perform other than radio-dispatching work, which currently only includes training and meetings, shall be compensated for each overtime hour so worked at straight time. 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 in duration. Employees may, with the s.upervisor's approval, receive pay at the appropriate rate of each overtime hour, or accumulate compensatory time ,. at straight time (hour for hour) up to a maximum of forty (40) hours, in lieu of pay for said overtime. All compensable time off must be approved by the Supervisor. 7. Overtime DistribUtion. a) Scheduled overtime assignments shall be made in the following fashion- 1. Through a seniority bid system, if the supervisor determines that the needs of the Department are met; and 2. Except in emergency situations, employees seeking such assign- ments have a minimum of one day off per work week; and 3. The Communications Supervisor shall, as needed, assign employees to shifts not bid upon. -3- b) Non-scheduled overtime assignments, except in emergency situations, shall be made in the followi.ng fashion- 1. The Communications Supervisor shall be notified of each overtime occasion, and may elect to work such assignment(s). 2. If the Supervisor elects not to work such assignments or cannot be reached, o~her dispatchers may volunteer for such assignment, utilizing a seniority bid system. 3. Should there be no volunteers as in #2 above, the on-duty dispatcher shall hold over one-half (~) shift. 4. If the on-duty dispatcher has already worked one and one-half (1½) shifts, the senior on-duty dispatcher shall contact the next on-coming dispatcher who shall assume the assignment. 5. If contact cannot be made as in #4 above, the senior on-duty dispatcher shall contact individuals on the volunteer temporary dispatcher's list. 6. If no volunteer temporary dispatchers are available, the senior on-duty Dispatcher shall contact-the nekt appropriate off-duty dispatchers (as determined by scheduling). The first dispatcher contacted shall assume the assignment unless a junior dispatcher is subsequently contacted. 7. If such dispatchers cannot be contacted as in #6 above, the senior on-duty dispatcher shall contact the remaining dispatchers. The first dispatcher contacted shall assume the assignment, unless a junior dispatcher is subsequently contacted. 8. If such dispatcher cannot be contacted as in #7 above, the Communi- cations Supervisor shall be contacted for directions. -4- 9. If the Supervisor is not available, the senior on-duty dispatcher shall follow the procedure previously provided by the Communications Supervisor. 8. Sal a)-y. -- a) Commencing with the pay period which includes July 1, 1982, there shall be an increase of sixty one-hundredths percent (.61%) in the base salary range of each cur. rent employee in Unit 2. A member as of July 1, 1982, who thereafter left the service of the City through a service or disability retirement, shall receive said increase to and including the effective date of said retirement. b) Exhibit "A" entitled, "Salary Ranges, Effective July 1, 1982, for ~ Unit 2," attached hereto and incorporated herein, sets forth the ra. nges which reflects said increases. c) commencing 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 employee's contribution. For clarification, the employee's'~contribution to PERS will be reduced by the City from seven percent (7%) to zero percent {0%), '~he City's assumption' of the employee's payment to PERS shall be under the authority of this r.4emorandum of Understanding and any applicable government code provisions which permit this payment without amending the retirement contract with PERS. d) 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 con- version of the City's contribution, being made on their behalf, to base salary.. The conversion shall be to the range number specified in "Exhibit A," as attached, under the column entitled Retirement Range. Employees who wish to exercise this one time, irrevocable conversion, must meet the following requirements' -5- 1. SERVICE RETIREMENT: Minimum forty..seven (47) years of age, and will be retiring no later than three (3) years from date of conversion. 2. 'DISABILITY'RETIREMENT, (Industrial or Non-Industrial) Eligible for disability retirement with conversion to take place one day prior to the'actual date of retirement, or the date upon which an employee is determined to be permanent and stationary and/or an application, of disability retirement is made', whichever occurs first, e) Employees who, under "d" 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 contri- butions to PERS. . . The costs owed to the City will be from the time of conversion to the actual date of retirement. 9. Longevity. Employees of Unit 2, who do not receive compensation under the Education Incentive Program, will be eligible for longevity pay in accordance wi th the fol 1 owi ng schedul e- Length of Service 10 to 14 years, inclusive 15 to 19 years, inclusive 20 to 24 years, inclusive 25 to 29 years, inclusive 30 to 34 years, inclusive 35 to 39 years, inclusive 40 years and up Longevity Pay/)lonth $ 10 15 2O 30 4O 5O 60 -6- 10. Education Incentive Pay. a) Beginning on June 27, 1975, City ·agrees to pay compensation in addition to regular base salary as an extrinsic motivator for employees to encourage them to augment their formal education on a continuing basis. Such incentive pay shall be provided to all permanent and probationary employees who satisfy the followi.ng conditions' 1. Employment by the City for two (2) or more consecutive years~ · 2. Full time, distinguished from part-time employment with the City; 3 Beginning July 1, 1976, each employee must successfully complete three {3) accredited units for the precedi.ng fiscal year (July I- ~ June 30} to remain eligible for incentive pay; provided, that failure to satisfy this requirement will reduce said incentive pay by two and one-half percent {2~I~} for the year following the year in which requirement is not satisfied {in the event said reductions eliminate incentive pay For an employee, there shall be no reduction in base salary by reason of the employee's failure to satisfy the above requirement}. b}' Subject to conditions described above, City agrees to provide incentive pay at the fol 1 owl ng rates' 1. Additonal pay equal to two and one-half percent {2½%} of regular base salary for successful completion of' sixty {60} accredited units or attainment of Associate of Arts Degree in a field related to the employee's employment; or 2. Additional pay equal to five percent {5%} of regular base salary for successful completion of one hundred twenty {120) -7- accredited units of which sixty {60) units must be of upper division status or attainment of Bachelor of Arts Degree in a field related to the employee's employments'or' 3. Additional pay equal to seven and one-half percent (7½%} of regular base salary for attainment of Bachelor of Arts Degree and successful completion of thirty-two {32) accredited graduate level units in a field related to the employee's employment. . 11. Deferred'compensation. All permanent, full-time employees are el.igible, subject to the terms and conditions thereof, to participate in the City of South San Francisco Deferred Compensation Plan. 12. )iolidays. Authorized Holidays - (Eight Work Hours)- The following are the authorized holidays: (1) January 1 (2) ~Third Monday in February (3) Last Monday in May (4) July 4 (5) First Monday in September (6) Second Monday in October (7) November 11 (8) Fourth Thursday in November (9) Fourth Friday in November (10) December 24 (four hours) (New Year's Day) (Washington's Birthday) {Memo ri al Day) { Independence Day} (labor Day) (11) December 25 (12) December 31 '(four hours) {Columbus 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} (13) One Discretionary Holiday* -8- *Each employee shall be entitled to one {1) paid holiday each calendar year, which holiday may be taken at the discretion of the employee subject to prior approval of the Supervisor. In the event an employee is unable to take said holiday off, s/he'will be entitled to receive eight (8) hours of overtime at the straight time rate, but shall not accumulate discretionary holiday. The discretionary holiday must-be used prior to the last day of the last full pay period which has a December pay day. 13. Sick LeaVe. In prior Memoranda of Understandi.ng, the parties provided- for a sick leave plan commonly referred to as the "90 Day Sick Leave Plan." The parties do not desire to continue said play, and now desires to adopt a new sick leave plan des. ignated "Accrual Sick Leave Plan," which is described in subsections a, b, c and d of this paragraph. The Accrual Sick Leave Plan shall become effective on the first day of the' pay period which follows Council ratification of thcs Memorandum of UnderStandi.ng and continue in effect for the term of said Iiemorandum. When the Accrual Sick Leave Plan becomes effective, the "90 Day Sick Leave Plan" shall terminate. ~ a) AccrUal: On the effective date of the Accrual Sick Leave Plan, premanent and probationary employees in active pay status shall accrue an initial ninety-six (96) hour~ of sick leave. Persons appointed to positions after the Accrual Sick Leave Plan effective date, and employees or former employees who return to active pay status after the Accrual Sick Leave Plan effective date, shall not accrue the initial sick leave hours. Permanent, full time employees shall receive sick leave at the rate of 3.69 hours of each bi-weekly pay period of full time work, up to a maximum of 1200 hours, such accrual shall be prorated for such employees who work less than full time during a pay period. -9- b) Usage; Sick leave is not a might or privilege to be used at the discretion of the employee, but shall be allowed only in the following c~rcumstances: 1. When the employee suffers actual personal illness or injury which incapacitates him/her from performance of duties and necessitates absence from work. 2. The employee's receipt of required medical or dental care or consultation which cannot be reasonably scheduled dura.rig off duty hours. 3. In order for the employee to care for or obtain medical con- sultation/treatment for a sick or injured member of his/her immediate family member, 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 empl oyee '"s home shall not apply in cases involvilng the employee's mother, father or child. ) ,. As used herein, "immediate family" is defined to be spouse, parents, child, sibli.ng,, grandparents,. ~randchild, mother- in-law, father-in-law, son-in-law, daughter-in-law, brother- in-law, sister-in-law. In addition, the City Manager may grant an appropriate leave in the event of the illness or disability of someone other than those persons designated if, in the City Manager's opinion, there exists an extra- ordinarily close relationship between the employee and such person. No more than a total of twenty-four (24} hours in any calendar year may be utilized for illness in the immediate family. -10- c) Entitlement to Use of'Sick'Leave; .To be entitled to use of sick leave, the employee must satisfy all of the followi.ng 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 policy. 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 certificate by a medical doctor if requested by a supervisor with prior notice to the employee. The City reserves the-right to take such action as it deems necessary to confirm or verify the actual illness or disability of an employee. If the employee is ill or disabled for more than thirty-nine {39) work hours, the employee shall present to the City, before returning to work j a certification by a medical doctor describing the nature and extent of the illness or disability and confirming that the employee has recovered sufficiently to assume light duty or has recovered fully and is able to perform regular work without any restrictions. 3. Each employee on sick leave for the care or medical consultation/ treatment of an immediate family member, will use the required leave forms and notification procedures. The City reserves the right to take such action it deems necessary to confirm or verify this use of sick leave. -11- · 4, Notwithstanding the foregoing sections, the City reseryes the right to take Such action as it deems necessary to Confirm or verify actual illness or disability. d)l '.Pay'Upon Separation- An employee who separates in good standing after one year of City service, will be entitled to payment at.~the employee's then existing salary for fifty percent {50%} of the employee's accumulated and unused sick leave credit, which accumulated credit,, for the purpose of this provision, shall not exceed nine hundred sixty {960} hours. Compensation for accumulated sick leave credit shall be payable at the time of separation or, upon the employee's request, may be deferred for a period of time not to exceed three hundred sixty-five (365) days. '~ e) IndUStrial DiSabil,ity Leave: An employee who has suffered any disability arisi.ng out of and in the course of his employment, as defined by the Workers' Compensation Laws of the State of California, and who is entitled to temporary disability indemnity, may elect to take as much of his/her accumulated sick leave, vacation or compensable overtime, as when added to the disability indemnity will result in a.payment of not more than full salary or wage. When computi.ng vacation, sick leave or compensatory time under this Section, 'the employee shall be given credit for any.holidays that occur during the period of absence hereunder. When an employee uses sick leave, vacation or compensatory time under this Section and the City is reimbursed by the third person for damages, there shall be credited to the employee's sick leave, vacation leave or compensatory time the amount originally used. If the City does not collect from the third person the full amount of the compensation paid and other damages, and if the amount collected is not itemized, then the amount of sick leave~ compensatory time or vacation leave credited shall be equal to the percentage of the total -12- claim collected. "Sick leave" "vacation leave" or "compensatory time, as used in this rule, includes sick leave~ compensatory time or vacation leave used to augment disability indemnity. 14. Funeral Leave. In the event of a death in the immediate family or relative of an employee, that employee shall, upon request, be granted such time off without loss of pay as is necessary to make arrangements for the funeral and to attend same, not to exceed twenty-four (24) hours. For the purpose of this provision, the immediate family member shall include spouse, parents, child, sibling, grandparents, grandchild, mother-in- law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law. In addition· the City Manager may grant the above described leave in the event of the death of someone other than those persons designated, if, in the City Manager's opinion, there exists an extraordinarily close' relationship between the employee and such person. At the request of the City, the employee shall furnish a Death Certificate and proof of 6.elationship. Funeral leave applies only in instances in,which the employee attends the funeral, or is required to make funeral arrangements but is not applicable for other purposes, such as settling the estate of the deceased. 15. Maternity Leave. Shall commence upon certification from the employee's attending physician that the employee is no longer capable of performing the duties of her position. . Upon the advice of her physician, the employee may request a temporary transfer to a less strenuous or hazardous position which she is qualified to perform and which carries the same or lower salary. Where such transfers have by practice, policy or negotiated agreement been granted to employees with -13- temporary disabilities other than pregnancy, the transfer of the employee shall be accommodated. Where temporary transfers have not been granted under other circumstances, the employee's request will be approved only if it can be reasonably accommodated. However, nothing herein shall result in the displacement or transfer of other employees in permanent positions or in the performa.nce of unnecessary work. Where it is the opinion of the Departmenl~ Head that the employee should be placed on leave sooner than prescribed by her physician due to her inability to effectively and safely perform the duties of her regular position or of one to which she has been, or could otherwise be., temporarily transferred, the employee may be required to undergo examination by a second physician. The x 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 onthe same basis as'~other Unit No. 2 employees who are temporarily disabled due to a non-industrial illness or injury. While the p~.egnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue · payments toward group insurance and retirement 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 state- ment from the attending physician that the employee is physically capable of resuming the regular duties of her position. An employee may, at the conclusion of her disability, request a leave of absence as provided in the City's Personnel Rules and Regulations. 16. Health and Welfare Plans. a) Health InsUrance. The City shall provide a fully paid health insurance plan at the current benefit level for permanent full-time employees and their eligible dependents-or with the options available to the employee to select the plan known as the Kaiser "S" Plan, or the Bay Pacific Health Plan. Open .Enrollmeht-. Employees may select on a yearly basis to cha.nge health insurance carriers in accordance with the provisions of the group insurance contracts. b) Dental Plan: The self-insured program of dental care benefits existing as of August 20, 1980, shall be continued during the term of this Memorandum of Understanding. c) Vision'caee'Pl~n- 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. d) Life'Insurance- The term life insurance cover, age, including accidental death and dismemberment which has been increased to five-thousand dollars {$5,000}, ,. shall be continued during the term of this Memorandum of Understandi.ng. · e) 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 commencing on the 31st day of the period of disability and continuing for the duration of the disability, shall be continued during the term of this Memorandum of Understanding. f) Retirement: The benefit contract in effect between the City of South San Francisco and the Public Employees' Retirement System (PERS) on behalf of eligible permanent full-time employees of this Unit as of August 20, 1980, shall be continued during the term of this Memorandum of Understanding. -15- 17. _DiSpatcher Representation. The dispatchers may provide a representative to attend Policy Board Meetings [unless confidential subjects are under discussion). 18. '.Employ.ees Covered. Provisions of this Memorandum apply only to the employees represented by Unit 2 (Professional and Paraprofessional). 19. IModification. This Memorandum does 'not modify any provision of the Personnel Rules of the Cit~ except as expressly provided herein. Except as expressly provided herein, all wages and benefits remain the same as they are currently being provided or administered. The parties contemplate execution of a master contract setting forth all effective terms and conditions of employment, and agree to pursue development of such a master contract during the meet and confer process pursuant to Government Codes Section 3500 et seq. 20. Dispute. Any dispute over an interpretation of this Memorandum shall be processed in accordance with the procedures set forth in the City's Employee Grievance Procedure. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understandi.ng in the City of South San Francisco this ~ day of ~)~(~t~-~, 1982. CITY REPRESE) TATJVES YEE REPRESENTATIVES "APPROVED BY CITY COUNCIL RESOLUTION NO. 151-82 ADOPTED 12/1/82" · , -16- EXHIB IT "A" UNIT 2 - PAY-RANGE LISTING Effect.ive..In-The Pay Per~od 'That InClUdeS'July 1~ '1982 Comuni cations Dispatcher Senior Communications Dispatcher BASE 'RANGE 854 940 RETIREMENT RANGE 913 1006