HomeMy WebLinkAboutReso 22-1983RESOLUTION NO. 22-83
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF 'CALIFORNIA
A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF
UNDERSTANDING, UNIT #3, FIELD AND OFFICE EMPLOYEES
REPRESENTED BY AMERICAN FEDERATION OF STATE,.COUNT¥
AND MUNICIPAL EMPLOYEES, LOCAL 1569, AFL-CIO, JAN-
' UARY'I, 1983, THROUGH DECEMBER 31, 1983
BE IT RESOLVED by the City Council of the City of South San Francisco
that the Memorandum of Understanding with Unit #3, Field and Office Employees,
represented by American Federation of State, County and Municipal Employees,
Local 1569, AFL-CIO, for the period includi.ng January 1, 1983~ through December
31, 1983, a copy of which is attached as Exhibit "A" and incorporated herein by
this reference as set forth verbatim, is hereby accepted and approved.
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized
to endorse on P. age 1, and signature page of said Memorandum of.Understandi.ng,
the fol 1 owing-
. .,
"Approved by Ci.ty Council Resolution No.
1983."
22-83 adopted February 2,
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' 2nd day of February' , 1983, 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
City C1
MEMORANDU~.~ OF UNDERSTANDING
BETWEEN
CITY OF SOUTH SAN FRANCISCO
AND
UNIT 3 - FIELD AND OFFICE EMPLOYEES
REPRESENTED BY
~ERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, LOC.AL 1569,
AFL-CIO
Janaury 1, 1983 - December 31, 1983
"Approved by City Council Resolution
No. 22-83 adopted February 2, 1983"
TABLE 'OF CONTENTS
SECTION
· 'PAGE'NUMBER
Preamble
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1. RecOgnition
2. Union security·
2.1 Maintenance of Membership
2.2 Communications with Employees
2.3 Advance Notice
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3. Manag,ement Rights
3.1 Medi ati on
4. No Discrimination
5. Union Stewards 'and Official 'RepreSentatiVes
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5.1 Stewards
5.2 Representative of the Union
5.3 Access to Personnel Files
6. Salary Plan
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6.1 Increases During Term of this MOU.
6.2 Salary Plan Administration
6.3 Salary Plan Administration, Original Appointment
6.4 Salary Plan Administration, Advancement Within Salary Range 7
6.5 Salary Plan Administration,
Salary Step After Promotion or Demotion
6.6 Temporary Upgrading: Like Work for Like Pay
6.7 Salary Plan, Pay Periods
6.8 Longevity Pay Plan
6.9 Deferred Compensation
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SECTION
7, ProbatiOn'Periods,
.7.1 ' Duration
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7.2 Rejection
?.3 Promotional Probation
8. Transfer, 'Promotion
8.1 Transfer
8.2 Promotion
8.3 Employment Lists
8.4 Time Off for Examinati. on
9. Reduction' i'n'For, ce/Layoff.~'ahd'Re.e, mlaloyment
9.1 Council Determination
9.2 Seniority
9.3 Order of Layoff
9.4 Notice of Layoff
9.5 Reassignment in Lieu of Layoff
9.6 Layoffs
9.7 Layoff Reemployment/Reinstatement Lists
10. Resignati on · and ' Rei n~tatement
10.1 Resignation
10.2 Reinstatement
11. Hours'of'Work,'OVertime
11.1 Workday
ll.2 Workweek
ll.3 Work Schedule
11.4 Flex Time
ll.5 Adjustment of Working HOurs for Office and
Clerical Workers
11.6 Overtime
11.7 Call Back
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'· ·SECTION
12. 'Holidays
12,1 Authorized HOlidays
12.2 Holiday Pay
12,3 Work Performed on a Holiday
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13. -Vacation 'Leave
13.1 Vacation Leave
13.2 Deferral
13.3 Scheduling
13.4 Pay Upon Separation
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14. LeaVe'ProvisiOns
14.1 Sick Leave
14.2 Industrial Disability Leave
~4.3 Family Leave
14,4' Leaves of Absence
'14,5 Maternity Leave
14.6 Military Leave
15. Health and Welfare'Plans
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15.1 Health Insurance
15.2 Dental Plan
15.3 Vision Care Plan
15.4 Life Insurance
15.5 Lo. ng Term Disability Insurance
15.6 Retirement
15.7 Retiree Health Plan
15.8 Physical Fitness Program
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SECTION'
'16. Safety
16.1 Observance of Safety. Rules and Regulations
16.2 Safety Program
16.3 Safety Equipment
16.4 Safety Shoe Reimbursement
16.5 Protective Garments. for Inspectors
17. DisciPline
17.1 Action by City
17.2 Notice of Disciplinary Action
18. GrievanCe ProcedQre
18.1 Definition .of Grievance
18.2 Steps in GrievanCe Procedure
18.3 Personnel Board Jurisdiction
18.4 Proposals or Contract Amendments-Non-Grievable
18.5 Initial Filing of Grievance Related to Compensation
19. Tuition Reimbursement
19.1 Fundi.ng
19.2 Eligibility
19.3 Reimbursement Limits
20. Past Practices and~Existing'Memorandum Of'Understanding
20.1 Working Conditions/Practices not Guaranteed
20.2 Memorandum of Understanding Superseded Prior
Agreements, Rules, Regulations and Ordinances
20.3 No Changes Without Agreement
21. Employees Covered
22. Separability of Provisions
23. Term of Memorandum of Understanding
24. Printing of the Agreement
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PREAMBLE
THE CITY OF SOUTH SAN FRANCISCO [hereinafter, City) and Unit 3, Field and Office
Employees, represented by American Federation 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 January 1, 1983, the
parties commenced negotiations for salary increases and benefits for calendar
year 1983; (2) negotiations have been completed and the members of Unit 3 do
accept the negotiated.w, ages and benefi.ts hereinafter set forth for the period
of January 1, 1983 to December 31, 1983, and the effective dates as herein
provided. ~
THIS MEMORANDUM OF UNDERSTANDING is the product of the above-described meet and
confer process. Representatives of the City have .agreed to present this r.~emorandum
to the City Council for determination, and Representatives of Unit 3 have .agreed to
present this Memorandum to their membership for acceptance and approval.
SECTION I - RECOGNITION.
Union' Reaogni ti on-
American Federation of State, County and ~unicipal Employees, Local 1569,
AFL-CIO (hereinafter referred to as the Un~on)~ is reco§nized as the majo.rity
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representative as provided in the City's Resolution No. 135-79, adopted December 4,
1979, for all'employees in classifications assigned to Unit 3.
SECTION 2 - UNION SECURITY.
2.1 Maintenance of Membership:
A probationary or permanent, employee covered by this .Agreement, who has duly
authorized membership dues deduction from their paycheck by a s. igned authorization
card, approved by the City and provided by 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 thirty (30) calendar days of the calendar
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year, said employee may revoke s~id membership and authorization for dues deduction.
Revocation shall be in writi.ng and directed to the Director of Finance during the
last thirty (30) calendar days of the calendar year~. Said revocation shall take
effect beginni.ng the first day of the next full pay period following receipt.
The City will provide the Union with a listi.ng of those who have terminated dues
deduction. An employee may only authorize dues deduction for the organization
certified as the recognized employee organization of the Union to which the
employee is assigned.
The amount of dues to be deducted from paychecks shall be the amount certified
by the Union to the Director of Finance. The Union agrees that it will notify each
member of the Unit of the amount and effective date of any change in dues.
The Union, and employees so authorizing, agree to indemnify and hold harmless
the City and all officials, employees and agents acting on its behalf, from any
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ahd all claims, actions, damages~ costs.' of expenses, including all attorney fees
and costs of defense in actions .a§a~nst the City, its officials~ em.ployees or
.agents because of City compliance ~i. th. th. is Article,
2~.2' · co~mmuni cati Ons 'wi th 'Empl oye~s:
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The Union shall be provided reaSonable, space on bulletin boards at such work
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sit~s for posti.ng notices concerni.ng official Union business All such notices
must receive prior approval 'from the department or d~vision head before posti.n§.
2.3 Advance'Notice:
Except as provided below in this Subsection, the Union shall be given reason-
able advance written notice of any ordinance, resolution; rule or regulation directly
relati.ng to matters within the scope of representation Proposed to be adopted by the
City and shall be given the opportunity to meet with the appropriate management"
representatives prior to adoption. ·
If public safety, welfare or an emergency requires any of the said acts by the
City without such notice, the City may take such action and concurrently 'therewith
.'§ive notice thereof, which affords the Union a reasonable time thereafter within
which to meet with management representatives.
SECTION 3 - MANAGEMENT RIGHTS:
To insure that the City is able to carry out its constitutional and statutory
functions and responsibilities, nothi.ng contained herein shall be construed to re-
quire the City to meet and confer on matters which are solely a function of manage-
ment, 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 requirements determined
by the City; to establish and change work schedules and assignments; to lay off
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e~ployees fo.r lack of work~ to expand o.r di. minish services; to subcontract any
work operations; to determine and change methods of operatio~s~ to determine an~
change work locations and the processes and materials to be employed~ to take' all
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necessary actions to perform its functions in emerg6ncies;
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3.1 Mediation-
City and Union, on June 26, 1972, entered into a Memorandum of Understandi.ng
which was approved by the City Council on June 28~ 1972, which Resolution No. 5878,
a copy of which Resolution and Memorandum of Understandi~n§ are attached as Exhibit
"A." City and Union .agree that the matters therein provided for mediation shall
be submitted .to mediation within a reasonable time.
SECTION 4 -'NO'DISCRIMINATION.
There shall be no discrimination because of race, creed, color,~nation'al origin,
sex, sexual preference, marital status, ancestry or li§itimate union aEtivities, as
defined by Myers-Milias-Brown Act, .against any employee or applicant for employment
by the Union or by the City or by anyone employed by the City; and to the extent
.~prohibited by applicable state and federal law, the~e 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.
SECTION 5 - UNION'STEWARDS'AND OFFICIAL'REPRESENTATIVES.
5.1 Stewards'
The Union shall be entitled to a reasonable number of stewards who shall
restrict their activities to the processing of grievances and shall be allowed
a r'easonable amount of time for this purpose. The Union shall notify the City
Manager, in writing, of the names of the Stewards.
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Stewards shall obtain permission f.rom thei.r super¥i~or before leavi.~ their
work stations to resolve g.rievanceS'and shall .report back to their supervisor
before returni.ng to their work station, s. This provision shall not be used to
prevent the Stewards from their duties or oblig, ations set forth in this Section;
provided however, that the use of time for this purpose shall be 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 abUsi.ng the'provisions
of this Section, 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 Subsection.
whenever an employee is .required. to meet w~th 'a supervisor or management
official, and the employee reasonably anticipates that suCh meeti.ng will involve
questioning leadi.ng 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 Reresentative to arrange a mutually acceptable time and day to hold the
meeting. Once scheduled, the City shall not be required to reschedule the
meeting for the convenience of the Union Representative.
5.2 Representative'Of' the 'UniOn-
The Union shall provide the City with a written list (not to exceed five (5)
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.
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· iA~tivities such as the soliciti..ng of membership, collection of dues, holdi.ng
membership meeti.ngs, campa, igni.ng for office, conducti, ng elections and distributi.ng
literature Cs strictly prohibited during working hours without prior approval of
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the City Manager.
5.3' 'ACceSs'tO 'Personnel Files
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An employee or, on presentation of written authorization from the employee, an
employee's representative, shall have access to the employee's personnel file upon
request.
SECTION 6 -'SALARY'PLAN.
6.1 InCreaseS During'the Term'of'this'MemoPandum-o.f-under~.tandi~g-
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a) Commenci.ng January 1, 1983, the. 1982 base salary for each classification
in Unit 3 shall be i'ncreased by six p~rcent (.6%) except for Equipment Operator.
Equipment Operator shall be increased to base salary range 942,
b) 'For the term of this ~.!emorandUm of UnderStanding, the City .agrees to
cOntinue the payment of seven percent (7%) to the employee's base salary to PERS
.in lieu of the employee's contribution. For clarification, the employee's contri-
bution to PERS will be reduced by the City from seven percent (7%) to zero percent
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(0%). The city's assumption of the employee's payment toPERS shall be under the
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authority of this Memorandum of Understanding and any applicable Government Code
provisions which permit this payment without amending the retirement contract with
PERS.
c) 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 B," as attached,
under the column entitled Retirement Range.
Be
· Employees who wish to exercise this one time, irrevocable conversion~ Lmust
meet the followi.ng requirements-
1, 'SERVICE~RETIREMENT. Minimum forty seven (47) yea.rs of .ages
and will be retiri.ng no later than three (3) years from date
of conversi on.
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 premanent
and stationary and/or an application for disability reti.rement.
is made, whichever occurs first.
d) Employees who, under~ "c" above, have converted the City payment of. the
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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 includi.ng,
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.
6.2 Salary Plan Administration:
Employees occuPYi.ng a position on a classificatiOn covered by this Memorandum
of Understanding shall be paid the base salary range or retirement range, whichever
is applicable, specified for their classification, as contained in Exhibit "B"
entitled "Salary Ranges Effective January 1, 1983 for Unit 3," attached hereto"
and incorporated herein, sets forth the salary ranges which reflect the increases
described in Section 6.1.
6.3 Sal.ary Plan Administration, Original Appointment-
The salary for a new employee entering City employment shall, be the minimum or
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fi'rst salary step for the~class, ification to ,Which the emplo.y, ee is appointed,
provided however, that the City Manager may, .when ci.rcumstances so .warrant,
appoint at other than the first step~
Whenever an employee[s)'is recruited, for a position at other.than the first
step within a range,, all members in the same position in steps below the recruitment
step shall be raised to the step at which the new employee(s) was recruited.
6.4 Salary Plan Administration~ Advancement Within'Salary Ran, ge:
Employees appointed at the first step ("A") shall be eligible for advancemen}
to the second step ("B") of the specific salary range six (6) months after original
appointment, provided that the employee's performance merits the increase. Advance-
ment to the remaini.ng steps may be made after one (1) year of satisfactory serVice
at each'successive salary step, provided that the employee's performance merits
the increase.
changes in' an employee's salary because of promotion or demotion may set a
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revised salary anniversary date for that employee.
Whenever the schedule of compensation for a classification is revised, each
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incumbent in a position to which the revised schedule applies, shall be paid at
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the same step in the revised range as the .step at which the employee was paid in
the previous 'range.
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;
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provided however, that an employee demoted as a result of 'abolition.of position
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shall be .plated at the salary step in the.lower classification which most closely
approximates~ but does not exceed, the employee's salary in the h. igher classifica-
tion. "
If an employee takes a voluntary demotion to a classil:icat~on previously held
from a classification within.the same series, the'employee shall be placed ~at a
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step commensurate with length of service in both classif, ications, If the class-
ifications are not within the same series, the employee shall be~placed at the
same step in the lower classification which the employee held last, and the service
time at such step shall be the same as the service'time held previously at such step.
6.6' 'Temporary_ Up~radi.ng: 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 t'h.e
first day of said assignment~ Fi'rst.-line superVisory employees a'nd 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 ~hirty (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 ser~ce.
6.7 Salary plan,'Pay'Periods:
Employees shall be paid bi-weekly, unless mutually agreed by the City and Union.
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6.8 LOngevity' PaY' Plan:
Permanent full-time employees shall be eligible ~or longevity pay in accOrdance
with the following schedule:
LENGTH OF CONTINUOUS SERVICE
Ten to fourteen years, inclusive
Fifteen to nineteen years, inclusive
LOI~GEV ITY PAY/MONTHLY
$10
$15
Be
LENGTH~OF CONTINUOUS SERVICE
T~,~,enty to twenty-four years, inclusive
Twenty-five to twentY-nine years, inclusive
Thirty to thirty-four years, inclusive
Thrity-five to thirty-nine years, inclusive
Forty years or more
"LONGEVITY PAY/MONTHLY
$2O
$3O
'$40
$5O
$6O
6.9 D,eferred ',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.
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SECTION 7 ' PROBATION PERIODS.
7.1 Duration:
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
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the date of probationary appointment or promotion.
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.... An employee who is laid off and subsequently ~ppointed as a result of certi'
fication from an employment eligible list to a position of different classification
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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 their
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
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the new probationary peri od, 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'
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The appointin9 autho.rity maS terminate a probationary employee at any time
during the probationary period'without r.i.§ht, of appeal in any manner and without
recourse to the procedures provided in Section 18 [Grievances) hereof, unless the
employee alleges that the termination was due to discrimination prohibited by City,
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State or Federal Statutes or Regulations. If such discrimination is all.eged, 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
constitute their judgment for that of the appointing authority..
~?'3 Promotional Probation'
An employee who previously completed the requisite probationary period and who
is rejected because of a subsequent probationary period for a promotional appointment,
shall be reinstated to the former position from which the employee was promoted,
provided that this Subsection shall not be construed so as to Prohibit the City from
discharging any employee during a subsequent promotional probationary period for
those reasons and causes set forth in Section 17 of this Memorandum of Understanding.
SECTION 8 -'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 Manage~ determine~ to fill a vacancy by
promotion, the Personnel Board prepares and administers an examination, for those
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e~hployees who meet the minimum qualifications. The names of the successful
candidates shall be recorded in the order of their standi.ng in the examination
on an employment list, Closed promotional appointments shall be made from the
first four (4) candidates (which number may be unilaterally chan§ed by the.City
Council Resolution) on the employment list who are ready, willi~n§ and able to
accept the position offered.
8.3 EmPloyment'Lists'
Promotional lists shall become effective upon approval thereof by the Personnel
Board. Employment lists shall remain .in effect for one '(1) year, unless sooner
exhausted and may be extended, prior to their expiration dates~ by action of the
Personnel Board for additional three (3) month periods but in no event shall the
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list be extended for more than one additional.year.
If an appointment is to be made from an open-competitive list, the names of
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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 maili.ng; if a subsequent report of an investigation is unsatisfactory; or if
the person has been passed over for appointment i~hree (3) times.
8.4 Time Off for'Examination:
Promotional examinations scheduled by the City during an employee's r. egular
working hours may be taken without loss of compensation.
8.5 Automatic Progression
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Sufficient positions will be provided so that all Maintenance Worker
I's and all Library Assistant I's with two (2) years of experience can be
promoted to Maintenance Worker II and Library Assistant II, providing they
pass the examination.
11.
SECTION 9 - REDUCTIOH IN FORCE/LAYOFFS'AND'REEMPLOYMENT'
9.1 Council Determination'
' Whenever, in the judgment of the City Council, it becomes necessary in the
interest of economy or because of necessity for the position or employment involved
no longer exists, the City Council m~ abolish any position or employment ir[ the
competitive service and 1ay offs reass, ign, demote or transfer an employee hOlcl~.n9
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such position or employment and same shall not be deemed a disciplinaKy act~'or
act requiring written charges. The appointi.ng authority may like'aise lay Off aN
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employee in the cOmpetitive ser,jice because il= material cha. n.§e in duties or o. rgan-
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ization or shortage'of'work or funds. - :'
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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.
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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 therin havi..ng already been ter-
minated), 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.
9.4 Hotice 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) working days prior to the effective date of lay off. An employee
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receiving said.notice may respond, in ~it~..ng, to the City Man. ager. The employee's
representative shall receive c6ncu~re, nt notice, and upon request, Shall be afforded
an opportunity to meet with the City to discuss the circumstances requiri.ng the
layoff and any proposed alternatives which do not include the consideration of the
merits, necessity or o. rganization 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 layoff.
9.5 Reassignment' In LieU'of Layoff'
a) 'Vacant'POsition'in'City: In the event of layoff, the employee will be
allowed to transfer to a vacant position which the City intends i~o fill in the
same classification in any City department.
b) Former'Classific,ation- 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 city-wide.
c) Displacement- In the event there are no vacancies as listed in (a) or (b),
the employee shall have the opportunity, upon request, to be .ass.igned to any class-
ification in the deaprtment at the same or lower salary level in which s/he meets
the minimum qualifications and a r. egular layoff procedure in the same or lower
salary level shall apply..
d) Employees transferred, assigned or demoted under this Section, will be
assigned to a step in the new classification salary range closest, but not exceeding,
the employee's salary at the time of reclassification.
9.6 Layoffs'
a) In the event that an employee is not reassigned in lieu of layoff as in
Section 9.5, the employee shall be laid off. If an employee elects not to exercise
the rights of Section 9.5, s/he may be deemed to have been offered and to have
declined such work.
13.
· 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 ota 'lay oft,
9,7 'LayOff Re~EmploY. ment/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 class-
ification shall first be offered to employees on this list,
b) Employees who are laid off, shall, have th6ir names placed On a reemployment
'list of classifications which, in the opinion.of the Personnel Officer, requires
basically the same qualifications and duties and responsibilities aS those in the
classification from which the layoff occurred, in order of seniority. Vacant
positions in such classifications shall be offered to eligibles on the reemploy-
ment list who qualii~y for such vacancies prior to an open or prpmotional recruitment.
c) No name shall be carried on a reinstatement or reemployment list for a
..
period longer than two (2)' years. Refusal to accept the first offer of reinstate-
..
ment or reemployment within the same classification shall cause the name to be
dropped from the list. Individuals not respondi.ng to written notification, by
Certified Registered Mail, Return Receipt Requested, forwarded to their last given
address, of an openi.ng within ten (10) worki.ng days from mailing, shall have their
names removed from either a reinstatement or reemployment list. Individuals who do
not meet current employment standards (i.e., medical, licenses, etc.), shall have
their names removed from either a reinstatement or reemployment list.
d) Probationary employees appointed from a reinstatement or reemployment
list must serve the remainder of their probationary period in order to attain
permanent status.
14.
S, ECT ION' 10 ' 'RES IGNAT ION 'AND REINSTATEMENT,
10 ..1 'Resignation'
An employee desiri.ng to leaVe.the City in good standing shall submit a letter
for. resignation to his immediate supe.rVisor~no later than two (2) weeks in advance
·
of the effective date of separations 'complete an exit interview; and receive a
..
satisfactory final evaluation,
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10.2' 'Reinstatement-
A permanent employee who has resigned i.n good standing may be reinstated ~
within two (2) 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 s.ignificantly higher rate'
of pay and which the employee is qualified to perform. Reinstatement shall be ·
made at the salary step approved by the City Manager.
The reinstated employee will serve the. designated probationary period for
that classification prior to becoming a permanent employee regardless of the
..
salary state at Which the employee is reinstated. '..
.
SECTION 11 ' 'HOURS'OF'WORK, 'OVERTIME. ·
ll.I Workday'
Eight (.8) consecutive hours of work shall constitute a regular work shift
except that they may be interrupted by a lunch break. All employees shall be
scheduled to work on a regular work shift; and each work shift shall have a
regular starting and quitting time.
il.2 Workweek'
The workweek shall consist of five (5) consecutive eight (8) hour days.
Il.3 Work Schedule-
Work schedules showing the employee's shifts, workdays and hours, shall be
15.
posted on the employee bulletin boards at all times.
Except for situations Where the City determines an eme.rgency'exists, changes
in work schedules shall not. be'made Until the employee and his o.r her representative
have been given reasonable opportunity to discuss said changes with the appropriate
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management, representaive.
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11.4 Flex'Time:
Office and' clerical workers may arrange for flexible hours of commencement
and ending of a day's work, said times to be arranged with the respective depart-
ment head so as not to interfere with the duties of the respective offices, with
the understanding that the workday shall consist.of eight (8) worki.n§ hours.
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11~5 'Adjustment' of working 'Hours'for Office'and'Clerical 'workers.
·
The base salary of those individual employees whose workweek~ as of July 8,
1975, consisted of thirty seven and one-half (37½) worki.ng hours per week~ shall
be adjusted by addling thereto two percent (2%) of said base salary. 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 meani.ng or application thereof.
11.6 Overtime:
Authorized work performed by an employee in excess Of their scheduled workday
or workweek shall constitute overtime except as otherwise provided. An employee
required to work in excess of their scheduled hours of work shall be compensated
for such overtime hours so worked at the rate of one and one-half (1~) 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.
16.
' Em.ployees ~lay, at their o.pt~on~ recei.¥e paN for such overtime hours or may
accumulate compensatory time at~th.e rate of time and one-half (i½) up to an
equivalent maximum of forty '(40) hours in lieu of pay for said overtime, take
..
· -the overtime as compensable time off provided, howevers anyone wishi.ng to exercise
this option must give five (5) days notice of the desire for such time., off and the
time off must be taken under.such conditions as will not interfere with the minimum
manning and continued function of their' particular department o.r operati, on,
11.7 'Call'Back;
An employee recalled to work outside of and continuous with ~egu!a..r 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 ass. igned.
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SECTION 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 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)
(~'~ashi.ngton' s Birthday)
(~.~emori al Day)
(.Independence Day)
(Labor Day)
(Col umbus Day)
(Veterans' Day)
(Thanksgiving Day)
(Day following Thanksgivi.ng)
(FOur hours of workday
preceding Christmas)
17.
[11) December 25
(12) December. 31 (four hours)
(13) One Discretionary Holiday*
(.Christmas Da.y)
(Four hours of. workday
p.receding New Year's Day)
*Each employee shall be entitled to take One. Paid holida~ each calendar year,
which holiday may be taken at the discretion of the~employee, subject to prior
approval of the de@artment head. The discretionary .holiday must be used ~io~r to
the last day of the last full pay period which has a December pay day, 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 discre.-
tionary holiday is not taken,
Where any of the aforementioned holidays fall on a Sunday, it shall be observed
on the following Monday; any holiday falli.ng on a Saturday, shall be observed on the
preceding Friday.
_12.2 HOliday'Pas:
Regular full-time employees', except for personnel ass..igned to continuous
·
operations, shall be entitled to observe all author~ize~ 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 follow~.ng the
holiday.
· .
Employees assigned to continuous operations, who by nature of their ass.ignment
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 s/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
18.
job, shall also be.compensated for the holiday pursuant to thiS provision
provided that s/he ~subnl~t to the department head a doctor's certificate
verifying the illness or injury.
12.3 Work Performed'on a'Holiday;
Except for employees assigned to continuous operations~ any regular full-time
employee who is required to work on any authorized holiday shall, in addition to
receiving regular pay for such holiday, be paid at the overtime rate.
SECTION 13 - VACATION'LEAVE.
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13.1 VaCatiOn Leave:
Regular full-time employees shall accrue vacation leave as follows;
Length of ..
Continuous ' Servi ce
First full four years
After 4th year
After 14th year
After 24th year
13.2 Deferral:
Vaca ti on..Hours. Accrued'
Bi ~Weekly
..
3.08
'4.62
..
6.16
7,69
'.i Annual .
EqUivalent
lO days
15 days
20 days
25 days
An employee may, with the approval of the department head and City Manager,
defer one (1) workweek of his/her 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/her
vacation to which s/he is entitled in a calendar year, s/he may defer, with the
approval of the department head, the unused portion to the following year, pro-
vided that no more than thirty (30) working' 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 ~,~as deferred, shall be compensated
for.
19.
13.3 Sch.edul i ng'
The times during the year at.w. hich an'employee Shall take vacation~ shall
be determined· by the department head with due r. egard for the Wishes of the
employee and particular regard for'the' needs of the se.rvice. Vacations. shall
be taken in increments of one week unless otherwise approved by the department
- .
head.
13.4 Pay.'UPon, Termination:'~
Employees separati.ng 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.
SECTION 14 "LEAVE'PROVISIONS.
· .
14.1 Sick'Leave:
a) Accrual: Permanent full-time employees'Shall 'accrue sick. leave at the.
rate of 3..69 hours for each bi-weekly pay period of full-time work uP to a maximum
of 1200 hours. Such accrual shall be pro-rated for such employees who work less
than full-time duri.ng a pay per~od. ~
b) Usage: Sick leave is not a right or privilege to be used at the discretion
of the employee, but shall be allowed only in the following circumstances:
·
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 consulta-
tion which cannot be reasonably scheduled during off-duty hours.
3. In order for the employee to care for or obtain medical consultation/
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 employee's
20.
home shall not apply in cases involvi.n§ the employee's mothe.r~ father or child.
As used herein: "immediate family" is defined tQ be spouses parents,
child, sibli.ng, grandparents,, grandchild, mothe~in-law, father-in-law, son-in-law,
.,
daughter-in-law, brother~in-law~'sister~in-law, In addition,~the.City Man. ager may
grant an appropriate leave-in the event of the' illness or disability of someone
other than those persons designated if~ ?n the~ City Manager's opinions there
exists an extraordinarily close relationship between the employee and Such person.
No more than a total of sixteen '(16) hours in any calendar year may be utilized
.,
for illness in the immediate family'.
c) 'Entitlement to use of'Sick'Lea~e: 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 depart-
mental 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
certification by a medical doctor if requested by a supervisor with prior notice
to the employee. It is the employee'"s responsibilitY, if requested by a supervisor,
to provide medical reports on a scheduled basis and/or to keep the .supervisor
apprised of his/her whereabouts at all times duri.ng the working day. If the
employee is ill or disabled for more than thirty-nine (39) working hours, the
employee shall present to the City, before returning to work, a certification
by a medical doctor describing the nature and extent of the illness or disability
and confirming that the employee has recovered sufficiently to assume light duty
or-has recovered fully and is able to perform regular work without restrictions.
21.
· 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 ~eserves the r.~ght to take such action it
deems necessary, to Confirm or verify' th. is use of sick leave.
4. Notwithstanding the' for. egOi.ng Sections, the City reserves the r.i. ght
to take such action as "it deems necessary to co.nfirm or verify'actual illness or
disability.
d) Pay'UpOn'Separation. An employee who separates in good standing (.after.
three (3) years of City service), will be entitled to payment at the employee's
then existing salary for fifty percent (50%) of the employee's accumulated and
unused sick leave credit.
Compensation for accumulated sick leaVe credit shall be payable at the
time of separation, or, upon the employee's request, may be defe'.rred for a per.iod
of time not to exceed three hundred sixty-five (.365) days.
·
14.2' Industrial DiSability Leave-
An employee who has' suffered any disability a~sing 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 computing 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 full
amount of the compensation paid and other damages, and if the amount collected is
22.
not itemized,~ then the amount of sick leave, compensator~ time.,, or vacation leave
credited shall be equal to the PerCentage.of the total clai. m collected, :'Sick
leave," "vacation leave" or "Co~lpenSatory time, as used in this .rule, includes
·
sick leave, compensatory time or' ~acati. on leave used to augment disability indemnity.
14.3 Family Leave:
In the event of a death in the'immediate family, that employee shall' upon
request, be granted such time off without loss'of pay as is necessa.ry to make arrange-
ments for the funeral .and to attend same, not to exceed three .(3) workdays per
occurrence within the State of California, or five (5) workdays per Occurrence
outside the State of California.
For the purposes of this provision, the immediate family member shall include
·
parent, sibling, child, spouse,, grandparent, grandchild,~ mother-in-la.w~ father-in-law,
brother-in-law, sister-in-law, son.-in-law, daughter'in--.law, In addition, the'City
Manager may grant the above-descr'ibed leave in the event of the death of someone
other than those persons designated, if, in the City Manager'~s opiniQn~ there
exists an~extraordinarily close relations.hip between the employee and such person.
At the request of the City, the employee shall furnish a Death Certificate and
.,
prOof of relationship.
Funeral leave applies only in instances in which the employee attends the
funeral, or is required to make funeral arrangements, but is not applicable for
other purposes, such as settling the estate of the deceased.
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 without pay or benefits
not to exceed thirty (30) calendar days. A request for leave and the reasons therefor
23.
~h.all be submi, tted~ in writi~ng, and must be approved by both the depa~t~lent head
and the City Manager,
Upon expiration of the app~Qved leave~ the employee sh. all be ~einstated to
his/her former position without loss of serVice credits or benefits (subject to
terms of policies) accrued prior to Sa. id leaVe. Failure on the part of an employee
to return to work on the date'Scheduled, shall be cause for discba, rge.. ·
14,5' r.~aterni ty ' LeaVe:
Shall Commence upon' Certification' from the.emPloyee's attendi.ng ph~s. ician that
the employee 'is no lo.n§er capable of perf°.rm~.ng the duties Of he.r .pos~ition,
Upon the advise of her 'physician~ the employee must request a temporary transfer
to a less strenuous or haza~rd°us ~osition which she is qualified to. pe.~fom and.
which carries the same or lower salary, Where Such. transfers have~ b.y p~actice,
policy or negotiated .agreement, been granted to employees with tempo~a.ry disabilities
·
other than p~.egnancy, the transfer of the employee shall be accommodated, Where
temporary transfers have not been granted under other circumstances~ the employee's
o.
request ~i.ll be 'approved only if it Can be reasonab, ly accommodated. ~o.wever nothing
herein shall result in the displacement or transfer of other employees in permanent
positions or in the performance of unnecessary work.
Where it is the opinion of the'department head that the employee should be
placed on leave sooner than prescribed by h'er 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 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 Unit No. 3 employees who are temporarily disabled due to a non-
24.
i'ndustrial illness or injurs, When~the pregnant employee is on a paid leave'
status, service credits shall continue to accrue and the City shall continue
payments toward group insurance and retirement coverage,
Upon expiration of the approved'leaves'the employee, shall be reinstated to
her former position, or to a comparable one if the i~ormer position is abolished
during the period of leave and the'employee would otherwise not have been.laid
off. Prior to the employee's' bei.n§ re.~nstated~ the department head' may require
a statement from the attendi.ng physician that the employee is_ physicall~ capable
of resuming the r.e§ular duties~of her position,
An employee may, at the Conclus'ion of her disability, request a leave of
absence as provided .in the City's PersOnnel 'Rules and Regulations.
14.6 Military'Leave: .
· .
~.~ilitary leave shall be granted in accordance with the provisions of apPl'icable
California State and Federal Law. All employees 1.e§ally entitled to military leave
shall provide the department head 'an' opportunity, within the limits of the military'
orders or r. egulations, to determine when Such leave shall be taken. Department
Heads may modify the employee's work schedule to accommodate the requirements
applyi.ng to the leave.
SECTION 15-- HEALTH AND~WE[FARE'PLANS,.
_ .
15.1 Heal th Insurance-
The City shall provide a fully paid health, insurance plan at the current
benefit level for permanent full-time employees and their eligible dependents
with options available to the employee to select the plan known as the Kaiser "S"
Plan, or the Bay P~cific 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.
25.
15 2 Dental Plan-
The self-insured p.r. ogram of dental care benefits existi.n9 as of A.u§ust 17~
1977, shall be continued duri.ng the' term of this Memorandum of Unde~standi.ng.
15.3 Vision'Care 'Plan:
The Group Vision ca're Plan, dated January, lg75, designated VSP Plan B .-
Employee and Dependent, with a ten dollar ($10) deductible, shall be continued
durin§ t'he term of this Memorandum of Understandi.n§,
15.4 Life' Ins~ranae:
·
The term life insUrance· cover, age, including accidental death and dismemberment
shall be ten thousand dollars '(.$10'000), as soon as amendments can be executed with
· ,
the carrier. Said increased benefit shall contilnue during the term of this Memo-
randum of Understandi.ng.
15.5 Long Term'Disability'Insurance-
·
A long term disability insurance plan which·~ subject to the terms and conditions
thereof, after a thirty (30)'day elimination period, shall provide for payment of
-.
two-thirds (.2/3) of base salary duri.ng disability ahd shall be continued during the
term of this Memorandum of Understanding.
15.6 Reti rement-
The benefit contract in effect between the City of South San Francisco and
the Public Employee's Retirement Sy.stem (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 Understanding.
15.7 Retiree Health'Plan'
City agrees to provide employees retiring with a service retirement or dis-
ability retirement through PERS with the same or as near equal health coverage
as possible provided for active employees (employees only - not family members).
26.
Servi. ce retirees must meet the follow, i..ng quali, fications;
'If the employee r,etire~ at .a§e sixty-f~ve '(.65) and has been .
employed by the City for ten [10) years, s./he is e!i§ible for
employer payment of the' aforementioned b.ealth insurance fo.r
the rest of hi s/her life.· '
If said employee retires under the~.age of sixt~-f~ve (65),.
·
s/he must have, in addition to the ten (10) years~ acCumulated
one (1) additional year for each year unde~ the .age of sixty-five (65).
Employees may, at their sole option and expense, obtain said health cover, age
for their dependent(s) in accordance ~ith the terms and conditions of the policy(s).
15.8' PhYsical'Fitness'Program-
Each employee of Unit #3 shall be entitled to the following benefits, for
emp 1 oyees only'
a) 'Use of City recreation facilities at no cost.
b) Up to five (5) South San Francisco Parks and Recreation classes per year
at no cos~t~ Classes and facility us. age are to be on the employee's own time and
subject to availability and sign-ups as determined by the South San Francisco Parks
and Recreation Department.
SECTION 16 - SAFETY.
-
16.1 Observance of Safety'RuleS'and Regulations-
Both the City and the Union shall expend every effort to ensu.re that work is
performed with a maximum degree of safety, consistent with the requirements to
conduct efficient operations, .
Each employee covered by this Memorandum agrees ta comply with all safety
rules and regulations in effect and any subsequent rules and regulations that may
be adopted. Employees further agree that they will report all accidents and safety
27.
hazards to the appropriate management official immediately. Any employee having
knowledge of or who is'a witness to an acci. dent shal. 1, if req'uested.~, give full
and truthful testimony as to same.
1,6.2 Safety 'Program:"
The City has establ -i shed a safety pr. ogram and representatives of thcs Unit
·
shall serve on the Safety Committee.
16.3 Safety ~Equipment:
The City shall continue to supply employeeS with safety equipment required
by the City and/or CAL-OSHA. All employ, ee~ shall use City supplied safety equip-
ment only for the purposes and uses specified under applicable safety rules and
regulations.
·
...
16.4' .SafetY ~ Shog' R~eimb~tsement:
The City will reimbu.rse employees in el.i§ible classifications, who purchase,
·
after January 1, 1983, and wear, during their r. egular duty shift, approved safety
..
shoes up to.fifty dollars (1550) per year. Eligible classifications shall be those
.-.designated by an asterisk~(*) beside, the classification title as contained in
Exhibit "B" to this Memorandum.
16.5 Protective GarmentS for Inspectors-
The City shall supply and maintain overalls for Buildi.ng Inspector(s) and
Public Work Inspector(s).
SECTION 17 - DISCIPLINE.
17.1 Action 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, willful negligence, failure to perform work as required or failure
28.
to comply w. ith or violation of the City's rules r. egarding safety~ conduct and
operations: chronic absenteeism~ misstatement.of fact on an application or other
personnel document, fal si fi cati on ' of records~ unfitness for duty and absence
..
without authorized leave. Any discharged, suspended or demoted employees o~r an
employee whose salary has been reduced for disciplinary reasons~ shall be furnished
..
the reasons for such action in writi.ng, In the event an employee feels that the
discharge, suspension, demotion 'or'salary reduction is unjust, s/he shall have the
right to appeal the case through, the grievance procedure within five (5) worki.ng
days from the date of the actual disciplinary action.
17.2 ~Noti c,e ' Of' Di S~i Pl.i narY ' Acti On'
The City shall provide the affected employee with. written notice p.rior to taking
disciplinary action, except where circumstances dictate the City taki.ng immediate
action to remove the employee from the work place,' In such cases, written notice,
as set forth below, shall be provided the employee within.two (.2) worki.ng days of
the action.
In all cases, written notice of disciplinary action shall be served on the
employee personally or bY registered mail, return receipt, with a copS of the
notice to be placed in the employee"s personnel file.
The written notice shall contain the followi.ng information:
a. The type of disciplinary action.
b. The effective date of the aciton.
c. The reason or cause for the action.
d. That the employee shall be furnished copies of all
material upon which the. action is based.
e. That the employee has the right to respond, either
orally or in writing, to the authority initially
imposing the discipline.
29.
Except in instances where disci.plinary action must be imposed immediately,
the notice shall be provided the employee ~ no late~ th~n five (5) worki.ng days
before the disciplianr~ action~is to be. e~=fective, Where immediate disciplinary
action has. been imposed~ such..aCti, on'~i, ll not become final until the aforementioned
notice has been provided no less than five (.5) wo~'ki.ng days.from the. receipt of
the notice to respond to the authority ~initially imposi.n§ the dis`cipline.
Once the proposed disciplinary action has been imposed, the affected emplosee
shall have the right of appeal, Such appeals shall'be filed directly at the fou.~th
step of the grievance procedure set forth in Section 18 of this Memorandum,
Probationary employees may De discharged for any reason which, in ~he 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.
SECTION 18 - GRIEVANCE'PROCEDURE.
· ·
18.1 'Defi ni ti on' of'Grievanae-
A grievance shall be defined as any dispute which involves the interpretation
or application of any provision of this Memorandum of Understanding du~ing 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 r. egulations
shall not be subject to a grievance procedure.
18.2 Steps in Grievance'Procedure'
Step 1 - An employee who has a grievance shall bring it to the attention of
his/her immediate supervisor/division head within five (5) working days of the
occurrence 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
30.
this step w. ithi.n five (5) worki.ng da~s of the date the grievance is raised With
the immediate supervisor, th.e employee shall have the r. igh.t tO submit a formal
. .
grievance which shall contain the' fOllowi.ng 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 includi.ng date
and place, of occurrence;
e. The specific provision, policy or procedure all.eged 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 processi.ng'of the
grievance. However, in no event shall an employee o. rganization
other than the one 'which formally represents the positionloccupied
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 p~ovided above to his department
head within seven (7) worki.ng days from the date of the immediate supervisor's
decision. The depar.tment head shall respond to the grievance, in writi.ng, within
seven (7) working days from the.date of its receipt.
Step 3 - If the employee is dissatisfied with the decision of the department
head in Step 2, s/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 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.
31.
Step 4- If the employee is dissatisfied with the decision of the City Man. ager,
s/he may submit the girevance tQ the Personnel Board, Notice of appeal must be
·
filed in writing, by the em~.loyee~with' the C~ty ~.~an. ager's Office within fifteen
(15) worki.ng days. of receipt of the'Man, ager's decision, The City Manager shall
provide written'notice of the appeal to each Board Member, to the department
,.
head, and where applicable, .the employee Organization~involved and to such other
..
parties as he may deem appropriate,
To the extent feasible, the Board shall hear the §rievance at its next
r. egular meeting i~olloWi.ng 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 heari~ng 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 accordi.ng to technical rules relating to evidence
and witnesses. The Chairperson shall retain final authority to rule on procedural
matters or on other points which affect the length and conduct'of the hearing.
The Personnel Board shall render its decision, in writi~ng, 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 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 Subsection 18.1 above.
32.
, 18.4: Proposals. to add to or change this Memorandum of Understanding or
written .agreements or addenda supplementar.yohereto, 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
grievabte under this Section; and the PerSonnel Board shall not have the power
to amend or modify this Memorandum of Understandi.ng or written .agreement or
..
addenda supplementary hereto, or to establish any new terms or conditions of
employment.
18.5- All grievances involvi.ng or concerni.ng the payment ol~ compensation
shall be initially filed, in writing, with the department head. In such cases,
no adjustment 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 Understandi.ng shall be considered grievances under the Subsection 18.5. Any
other matters of compensation are to be resolved in the meeti.ng and conferri.ng
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.
SECTION 19 ,'TUITION'REIMBURSEMENT.
. ,
19.1' Fundin§:
Thirteen hundred dollars ($1,300) shall be set aside in a tuition reimburse-
ment pool by the City for the sole purpose of providing tuition reimbursement
benefits to employees of this Bargaining Unit. The City shall not be obligated
to provide any additional funding-for this tuition reimbursement program.
19.2 Eligibility:
In order to be eligible for tuition reimbursement, an employee must request
33.
ahd receive prior w. ritten approval otF thei.r department head and the City Manager's
Office, Further, to be app'roved, a course must be 'job related~ taken on the
employee's own time, and be sUccessfully completed with a "C" grade or better
...
(pass, if pass/fail).
19.3 Reimbursement'Limits:
· ·
Each eligible employee (see 19.2) can receive reimbursement for up to
seventy-five percent (75%) of the cost of tuition, fees and books to a maximum
of one hundred dollars ($100) per year, provided sufficient funds, remain in the
tuition reimbursement pool [see 19,1).
,.
20'1' Continuance of working conditions and practices not specifically
provided herein, shall not be guaranteed by this ~lemorandum of Understanding.
20.2' This Memorandum of Understandi.ng shall supercede all existing and
prior Memoranda of Understandi.ng between City and Union, 'Personnel Rules, Reg-
ulations, Resolutions and Ordinances.
.
20.3' No changes in this Memorandum of Understanding or interpretation thereof'
(except decision of the PersOnnel Board and City Council in accordance with the
applicable Sections of this .Agreement) will be recognized, unless agreed to by
the City Manager and the Union.
SECTION 21 -'EMPLOYEES'COVERED'
Provisions of this Memorandum of Understanding apply only to the employees
represented by Unit 3.
·
SECTION 22 - SEPARABILITY OF PROVISIONS'
Should any section, clause or provision of this ~.iemorandum of Understanding
be declared illegal by final judgment of a court of competent jurisdiction, such
34.
'invalidation of such sections, clause or provision shall not remain in full force
and effect for the. duration of this Memorandum of Understanding.
In the event of such invalidation, the'parties .agree to meet and confer con-
cerning substitute provisions for provisions rendered or declared illegal.
SECTION. 23' ' 'TERh!'.OF'MEMORANDU. M OF'UNDERSTANDiNG:
This Memorandum of Understanding shall become effective only upon approval by
the City Council and upon ratification by the members of Unit 3 and shall remain in
full force and effect to and including December 31,-1983.
SECTION 24 ' PRINTING'OF'THE AGREEMENT'
The Union and the' City agree to share equally, the costs of printing one hundred
fifty (150) copies of the ~.~e~orandum of Understanding in booklet fc~rm. Printing shall
be done by the City Print Shop and the City's share shall not exceed three hundred
dollars (S300).
· . T. --,?
EMPLOYEE REPRESENTATIVES
"Approved by Ci'ty Council Resolution
No. 22-83 adopted February 2, 1983"
35.
EXHIBIT "B" ~-'
"EFFECTIVE' QANUARY' 1 ;, '1983'' 'FOR'UNIT 3
. ,.
CLASS I F I CAT I ON
..
.Account Clerk
Accounting Technician
*Assistant ' E1 ectrical Technician
*Building Inspector
*Buildi.ng Mai. ntenance Custodian
*Building Maintenance Worker
*Code Enforcement Officer
*Electrical Technician
Engineering Draftsperson
Engineering Technicain
*Equipment Mechanic
*Equipment Mechani'c Foreman
*Equipment Operator
*Equipment Serviceworker
Junior Civil Engineer
Librarian I
Librarian II
Librarian III
Library'Assistant I
Library Assistant II
Library Assistant III
*Maintenance Worker I (Parks-Public Works)
*Maintenance Worker II (Parks-Public Works)
*Naintenance Worker III (Parks-Public Works)
*Maintenance Worker IV (Public Works)
*Mechanic's Helper
*Parking Meter Collector/Maintenance Reparier
Principal Clerk
*Pti nter I
*Public Works Inspector
*Senior Building Maintenance Worker
*Senior Electrical Technician
Senior Typist Clerk
Steno Clerk
*Sweeper Operator
*Tree Trimmer Typist Clerk
~*) FI TgTBI F Fr/R SAFFTy gH(1F RF, IMP~IRSF)~F~I~''
BASE
RANGE
735
811
881
'i113
698
772
'1113
950
960
'1010
960
1062
942
809
1062
872
936
1010
,
~ 666
716
798
772.
832
894
960
850
960
805
894
1113
832
998
716
70O
894
894
648
RETIREMENT
'RANGETM
785
867
1189
745
824
1189
1014
1024
1079
1024
113~
1005
863
1134
931
1000
1079
711
765
852
824
889
954
1024
907
1024'
859
954
1189
889
1066
765
747
954
~,, ~4 ~954. -