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HomeMy WebLinkAboutReso 150-1983 RESOLUTION NO. 150-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS LOCAL 39, AFL-CIO FOR THE PERIOD OF .. SEPTEMBER 1, 1983 THROUGH DECEMBER 31, 1984. .~HEREAS t).~e City ~of South San Francisco City Council has recognized the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO as the employee organization representing a majority of those employees working in classifications in representation Unit #4; and WHEREAS the representative of the City and the representatives of Local 39 have personally met and confered and freely exchanged information, opinions and proposal s; and WHEREAS the representative of the City and the representatives of Local 39 have reached agreement on those wages, hours and conditions of employment which are to be in effect during the period September 1, 1983 through December 31, 1984 for employees in representation Unit #4; and WHEREAS the representative of the City and the representatives of Local 39 have jointly prepared a written Memorandum of Understanding; and WHEREAS the written Memorandum of Understanding has been accepted by the --- membership of Local 39; and WHEREAS the City's representative joins with Local 39 representatives in recon~ending that the written Memorandum of Understanding be accepted and approved by the City Council; NOW' THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts and approves the Memorandum of Understanding which is attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth verbatim between the City of South San Francisco and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO which sets forth those wages, hours and conditions of employment to be in effect during the period of September 1, 1983 through December 31, 1984 for employees working in classifications in representation Unit #4 and which Memorandum of Understanding shall be binding upon the City, upon Local 39 and upon the employees covered" therein. BE IT FURTHER RESOLVED that the City clerk be and is hereby authorized to endorse on page i the signature page of said Memorandum of Understanding the fol 1 owing- "Approved by City Council Resolution No.150-83adopted October 19, 1983 I hereby certify that the forgoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 19ih day of October, 1983, by the following vote: AYES' CoLmcilm'emher~ Rona. lH ~. Ar.n.~ta, Mark N. AHdi~on, Fman~e]~ N. ~lamont~., Gus Nicolopulos; and Roberta Cerri Te.qlia NOES' None ABSENT: None ~lff MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SOUTH SAN FRANCISCO AND UNIT #4- INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS LOCAL NO. 39, AFL-CIO SEPTEMBER 1, 1983 through DECEMBER 31, 1984 SECTION PREAMBLE TABLE OF CONTENTS - PAGE NUMBER 1 1. TERM 2. ARTICLE 1- Recognition ARTICLE 2 - Union Security A. Agency Shop B. Communications With Employees C. Advance Notice 4. ARTICLE 3 -'Management Rights A. B. Mediation 5. ARTICLE 4 - No Discrimination 6..ARTICLE 5- Union Stewards and Official Representatives A. B. Representative of the Union C. Access to Personnel Files 4 4 4 4 7. ARTICLE 6- Salaries A. Wage Rates B. Premiums 1. Premium for Certification 2. Premium for Lead Maintenance Worker C. City Payment of Employee's Contribution to PERS D: Retirement Conversion of City Contributions 1. Service Retirement 2. Disability Retirement E. Salary Plan Administration, Original Appointment F. Salary Plan Administration, Advancement Within Salary Rates G. Salary Plan Administration, Salary Step After Promotion or Demotion. H. Temporary Upgrading: Like Work For Like Pay I. Salary P1 an, Pay Periods j. Longevity Pay P1 an 8. ARTICLE 7 - Probation Periods A. Duration B. Rejection C. Promotional Probation 7 7 7 8 9. ARTICLE 8 - Transfer, Promotion A. Transfer B. Promotion C. Employment Lists D. Time Off Examination 8 8 8 8 8 i .. 10. ARTICLE 9 - Reduction in Force/Layoffs and Re-Employment A. Council Determination B. Seni ori ty C; Order of Layoff D. Notice E. Reassignment in Lieu of Layoff 1. Yacant Positions in City 2. Former Classification 3. Di spl acement 4. Transferred, Reassigned or Demoted F. Lay Off 11.. ARTICLE 10 - Resignation and Reinstatement A. Resignation B. 'Reinstatement 12. ARTICLE 11 - Hours of Work, Overtime A. Work Day B. Work Week C. Work Schedule D. Work Schedule: Sewage Treatment Plant E. Overtime 13. ARTICLE 12 - Holidays A. Authori zed Holidays B. Hol i day Pay C. Work Performed on a Holiday D. Joint Sewer Plant- Holiday Staffing 14. ARTICLE 13 '- Vacation Leave A. Vacation accrued B. Deferral C. Schedul lng D. Pay Upon Termination 15. ARTICLE 14- Leave Provisions A. Sick Leave B Medical Appoitment Leave C. Family Leave D. Leaves of Absence E. Maternity Leave F. Military Leave 16. ARTICLE 15 - Health and Welfare Plans A. Health Insurance B. Open Enrollment C. Vision Care Plan D. Life Insurance E. Long Term Disability Insurance F. Retirement G. Retiree Health Plan 17. ARTICLE 16- Safety A. Observance of Safety Rules and Regulations 9 9 9 9 9 9 9 9 10 10 11 11 11 11 11 11 11 11 11 12' 12 12 12 13 13 13 13 13 13 14 14 15 15 16 16 17 17 17 17 17 18 18 18 18 18 18 ii B. Safety Program C. Sa,fety Equipment 18. ARTICLE 17 - Discipline A. Action by City B. Notice of Disciplinary Action 19. ARTICLE 18 - Grievance Procedure A. Definition of Grievance B. Steps in Grievance Procedure 20. ARTICLE 19 - Apprenticeship 21. ARTICLE 20 - Rest Breaks 22. ARTICLE 21 ' Automatic Progression A. Treatment Plant Operator I to II B. Maintenance Worke I to II 23. ARTICLE 22 - Past Practices and existing 24. ARTICLE 23 - Employees Covered 25. ARTICLE 24-~Severability 26. ARTICLE 25 - Term of Memorandum of Understanding Appendix "A" Appendix "B" Exhibit "A" Exhibit "C" 18 19 19 19 19 2O 2O 2O 22 22 22 22 22 22 23 23 23 iii MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE "APPROVED BY CITY COUNCIL RESOLUTION NO. 150-83 ADOPTED OCTOBER 19, 1983" INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS LOCAL NO. 39, AFL-CIO PREAMBLE: THIS MEMORANDUM OF UNDERSTANDING is entered into by the City of South San Francisco, hereafter designated as 'CITY" and the International Union of -- m Operating Engineers, Stationary Engineers Local No. 39, AFL-CIO, hereafter designated as "Union", as a mutual agreement of those wages, hours and con- ditions of employment which are to be in effect during the period of September 1, 1983 through December 31, 1984, for those employe&s working in classifications in representation Unit #4. ARTICLE 1. RECOGNITION International Union of Operating Engineers Local Union No. 39, AFL-CIO, hereinafter referred to as the "Union" is recognized as the majority represen- tatives, as provided in City's Resolution 135-79 adopted December 4, 1979, for all employees in classifications assigned to Unit 4. ARTICLE 2. UNION SECURITY A. Agency Shop. A probationary or permanent employee who is employed in a classification covered by this Memorandum of Understanding shall, as a con- dition of employment, be governed by the following agency shop provision' 1. A Probationary or permanent employee who .was employed on November 11, 1982, and had duly authorized membership dues deductions in effect, shall, as a condition of employment maintain said dues deduction and Union membership for the term of this agreement except that during the last 30 calendar days of this Memorandum of Understanding, said employee may revoke said membership and authorization for dues deduction. Revocation shall be in writing and directed to the Finance Director during the last 30 calendar days of this Memorandum of Understanding. Said revocation shall take effect beginning the first day of the next full pay period following expiration of the agreement. The City shall provide the Union with a listing of those who have terminated dues deduction. 2. Probationary or permanent employees hired after November 11, 1982, into a classification covered by this Memorandum of Understanding, shall authorize, within 30 calendar days from the date of hire, one of the following payroll deductions- a. Union Dues or b. Agency Fee :to equal 94% of Union Dues o__Er -1- c. Charitable contribution to equal Agency Fee. Said charity to be one · of the three mutually agreed upon and below listed charities meeting IRS 501 (c) 3 exempt from taxation requirements.- 1). United Way of the Bay Area 2). Combined Health Agencies Drive (CHAD) 3). South San Francisco Boy's and Girl's Club The C(ty agrees to make a good faith effort to advise the Union within 10 business days of a new hire. .An employee who opts for Union Dues shall not be permitted to change or terminate such deduction. At any time with proper authorization; an employee who opts for Agency Fee shall be permitted to change to Union "Dues but not a Charity. An employee who opts for a Charity shall be permitted to change to Agency Fee or Union Dues. 3. No employee covered by this provision shall be required to pay any dues, fees or charitable contributions during an unpaid leave of 30 days dura- tion or longer if said employee is on said leave due to the exhaustion of all paid leave benefits for which the employee is eligible. The following steps shall be followed in order to enforce this provision for employees who fail to comply with the requirements of Article 2, Secti on A. a. The Union shall notify the City, in writing, of the name of the employee who has failed to comply and make a demand upon the City to enforce this provision and to collect amounts due under this provi- sion commencing with the receipt date of the Union letter but not for any amounts covering time preceeding the Union demand letter. b. The City, within 5 business days, shall in ),~riting advise the employee of the requirements of Article 2, Section A and that the employee has 5 business days to comply. c. Within 5 business days the City must, in writing, notify the employee that if the employee does not voluntarily comply with Article 2, Section A that the Agency Fee will be automatically deducted from the employee's paycheck. d. If, within 5 business days, the employee does not comply, the invo- luntary deduction of the Agency Fee shall commence retroactive to the receipt date of the Union demand letter under step a. 5. If Article 2, Section A is held to be invalid under Federal or State law, then all of Article 2, Section A shall be null and void and subject to renegotiation. All other provisions of this Article shall be governed by Article 24-Severability. 6. The Union agrees to indemnify and hold harmless the City and all offi- cials, employees and agents acting on its behalf, from any and all claims, actions, damages, costs or expenses including all Attorneys fees -2- and costs of defense in actions against .the City, its officials, employees or agents arising out of City's compliance with this Article. 7. Sign-up forms for Union Dues and. Agency Fee shall be provided by the ' Union and approved by the City. - B. COMMUNICATIONS Will4 EMPLOYEES. The Union shall be provided reasonable space on bulletin boards ~at each work site for posting notices concerning official union business. All such notices must receive prior approval from the department or division head before posting. C. ADVANCE NOTICE. Except as provided below in this subsection, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or.regulation directly relating to matters within the scope of represen- tation proposed to be adopted by the City, and shall be given the opportunity to meet with'.appropriate management representatives prior to adoption. If public safety, welfare or an emergency requires any of the said acts by the City without such notice, the City may take such action and con- currently therewith give notice thereof, which affords the Union a reasonable time thereafter within which to meet with management representatives. ARTICLE 3. MANAGEMENT RIGHTS A. To insure that the City is able to carry out its constitutional and statutory functions and responsibilities, nothing contained herein shall be construed to require the City to meet and confer on matters which are solely a function of management, including but not limited to the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with the requirements determined by the City; to establish' and · change work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to subcontract any work or operations; to determine and change methods of operations; to determine and change work locations and the processes and materials to be employed; to take all necessary actions to perform its functions in emergencies. B. MEDIATION. City and Union agree that the matters provided for mediation in -the attached Appendix "A" shall be submitted to mediation within a reasonable time. ARTICLE 4. NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual preference, marital status, ancestry or legitimate union activities, as defined by 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, there shall be no discrimination because of age. There shall be no discrimination against any -3- handicapped person solely because of such handicap unless'that handicap prevents the person from meeting the minimum standards established. ARTICLE 5. UNION STEWARDS AND OFFICIAL RE?RESENTATIVES A. 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 reasonable amount of time for this purpose. The Union shall notify the City Manager in writing, of the names of the Stewards. Stewards shall obtain permission from their supevisor before leaving their work stations to resolve grievances and shall report back to their super- visor before returning to their work stations. This provision shall not be used to prevent the Stewards from performing their duties or obligations set forth in this Article, provided however, that the use of time for this purpose shall be reasonable and shall not interfere with the requirements of the' City's services, as determined by the City. In the event the City determines that "Stewards" are abusing the provisions of this Article, the Union agrees to meet with the City, immediately, to investigate the City's complaint and to assure full compliance by Stewards with the provisions of this sub-section. Whenever an employee is required to meet with a supervisor or management offi- cial and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the. employee shall be entitled to have a Steward and/or Union Representative present upon request. In the event the employee desires the presence of a Union Representative, the City will contact the Representative and 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. B. REPRESENTATIVE OF THE UNION The Union shall provide the City with a writ- -ten list (not to exceed two (2) individuals) of their authorized represen- tatives 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 representative of the Union shall report to the Department/Division Head before proceeding to the work location. He shall not interfere with the normal conduct of work. Activities such as the soliciting of membership, collection of dues, holding membership meetings, campaigning for office, conducting elections and distributing literature are strictly prohibited during working hours without prior approval of the City Manager. C. ACCESS TO PERSONNEL FILES. An employee or, on presentation of written ~authorization from the employee, the employee's representative, shall have access to the employee' s file upon request. ARTICLE 6. SALARIES A. WAGE ~ATES. Wage rates 'for each step in the salary schedule Shall be as set forth in Appendix B. B. PREMIUMS. 1. Premium for Certification. An employee who the Classification of Operator 1i who has successfully completed the STATE OF CALIFORNIA Examination and who possesses a Grade III Certification shall be compen- sated at a rate 5% higher than the rate for which the employee qualifies pursuant to the salary schedule in Appendix B. 2. ' Premium for Lead Maintenance Worker. A Maintenance Worker II who is assigned.to the Lead Maintenance l~orker responsibilities shall be com- pensated at a rate 21/2% higher than the rate for which the Maintenance Worker II qualifies pursuant to the salary schedule in Appendix B~ No more than one (1) Maintenance Worker II shall be assigned to Lead Maintenance dutY. C. CITY PAYMENT OF EMPLOYEE'S CONTRIBUTION TO P.E.R.S. -Commencing with the pay period which includes July 1, 1982, the City agrees to assume the payment of seven percent (7%) of the employee's base salary to PERS in lieu of the employees contribution. For clarification, the employee's contribution to PERS will be reduced by the city from seven per- cent (7%) to zero percent (0%). The City's assumption of the employee's payment to PERS shall be under the a~thority of this Memorandum of Understanding and any applicable provision of State Law which permits such payment without amending the retirement contract with PERS. RETIREMENT CONVERSION OF CITY CONTRIBUTION. 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 calculated as follows: Employee's Base Non-Converted Hourly Rate x 1.07 :: Employee's Base Hourly Converted Rate. In establishing the actual converted rate per hour, fractions of one cent with a value of 5 or greater shall increase the hourly rate by one cent. Employees who wish to exercise this one-time, irrevocable conversion, must meet the following service requirements- 1. SERVICE RETIREMENT' Minimum forty-seven (47) years of age, and will be retiring no later than (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's disabi- lity is determined to be permanent and stationary and/or the date that an application for disability retirement is made, whichever occurs first. Employees who 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 -5- conversion, shall owe to the City the increased costs incurred by the City including but not limited to benefit contributions, overtime, holiday pay, and C(ty contribution to PERS from the time of conversion to the actual date ~f retirement. E. SALARY PLAN ADMINISTRATION, ORIGINAL APPOINTMENT. '-The Salary for a new employee entering city employment shall be the minimum or first salary step for the classification .to which the employee is appointed provided, however, that the City Manager may, when circumstances so warrant, appoint at other than the first step. Whenever an employee(s) is recruited (excluding reinstatements and re-employments) for a position at other than the first step, all employees in the~same classified position in steps below the recruitment step shall be raised to the step at which the new employee(s) was recruited. F. SALARY PLAN ADMINISTRATION, ADVANCEMENT WITHIN SALARY RATES. Employees appointed at the f(rst step ("ATM) shall be el ig(ble for advan- cement 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. Advancement to the remaining steps may be made after one {1) year of satisfactory service at each successive salary step, provided that the employee's performance merits the increase. Changes in an employee's salary because of promotion or demotion may set a revised salary date for that employee. Whenever the schedule of compen- sation for a classification is revised, each incumbent in a position to which the revised schedule applies, shall be paid at the same step in the revised rates as the step at Which the employee was paid in the previous rate. G. 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 other- wise, 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 rate shall be determined by the City Manager; provided, however, that an employee demoted as a result of abolition of position shall be placed at the salary step in the lower classification which most closely approximates, but does not exceed, the employee's salary in the higher classification. If an employee takes a voluntary demotion to a classification previously held from a classification within the same series, the employee shall be placed at a step commensurate with length of service in both classsifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification which the employee held last and the service time at such step shall be the same as the service time held previously at such step. -6- TEMPORARY UPGRADING: LIKE WORK FOR LIKE PAY. An employee ass(gned by the City to the duties of a first-line supervisor or ab. ore, shall be paid the salary of the position he/she performs commencing with the first day of said assignment. First-line supervisory employees, and above, assigned to duties of a higher classification shall not be paid the salary of the higher classification unless they serve in that capacity for thirty (30) consecutive calendar days or more, in which event, they shall receive the pay of the higher classification commencing with the first day of said thirty-day service. I. SALARY PLAN, PAY PERIODS. ' Employees shall be paid bi-weekly, unless mutually agreed to by the City and Union. LONGEVITY PAY PLAh[. Permanent full-time employees shall be eligible for longevity pay in accor- dance with the following schedule: LENGTH OF CONTINUOUS SERVICE lO to 14 years, inclusive 14 to 19 years, inclusive 20 to 24 years, inclusive ~75 to 29 years, inclusive 30 to 34 years, inclusive 35 to 39 years, inclusive 40 years or more LONGEVITY PAY/MONll4LY · $10.00 15.00 20.00 30.00 40.00 50.00 60.00 ---ARTICLE 7 PROBATION PERIODS. A. 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 the date of probationary appointment or promotion. An employee who is laid off and subsequently appointed as a result of certification from an employment eligible list to a position of a different classification than that from which laid off, shall undergo the probationary period prescribed for the classsifications to which appointed. Former probationary employees appointed from a reinstatement or re-employment list must serve the remainder of the probationary period in order to attain permanent status. Employees who transfer to another division shall be required to undergo a new probationary period in the position into v~hich transferred. If unsuccessful in the new pro- bationary period, the voluntarily transferred employee may be terminated from City ServiceL Employees transferred non-voluntarily shall be reinstated to their former position if unsuccessful in their new proba- tionary period. B'. Rejection. The appointing authority may terminate a probationary employee at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provide in Article 18 (Grievances) hereof, unless the employee alleges that the termination was due to discrimination prohibited by City, State and Federal statutes or regulations. If such discrimination is alleged, the -7- appeal or grievance shall be decided solely on the basis of whether or nbt the termination was due to such discrimination; and unless it is determined that there was discrimination, the person or persons hearing the appeal or grievance shall not substitute their judgment for that of the appointing authority. Co promotional Probation. 'An employee who has previously completed the requisite Probationary period and who is rejected during a subsequent probationary period for a promotional appointment (except as provided for in Article ~71) shall be reinstated to the former position from which the employee was promoted, provided that this sub-section shall not be construed so as to prohibit the City from discharging any employee during a subsequent promotional probationary period for those reasons and causes set forth in Article 17 of this laemorandum of Understanding. ARTICLE 8 TRANSFER, PROMOTION. A. 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 ~hich the employee is qual i fi ed to perform. B. Promotion. The City shall endeavor to fill vacancies by promotion when in the best interest of the service. In the event the City Manager determines to fill a vacancy by promotion, the Personnel Board prepares and administers an examination for those employees who meet the minimum qualifications. The names of the successful candidates shall be recorded in the order of their standing in the examination on an employment list. Closed promotional appointments shall be made from the first four (4) candidates (~hich number may be unilaterally changed by the City Council Resolution) on the employment list who are ready, willing and able to accept the position offered. C. Employment Lists. Promotional lists shall becoa~e 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) months periods, but in no event shall the list be extended for more than one additional year. If an appointment is to be made from an open-competitive list, the names of all persons on the list shall be certified. The names of any person on an employment list may be removed by the City 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) busi- ness days from mailing, if a subsequent report of an investigation is unsat- isfactory, or if the person has been passed over for appointment three (3) times. A candidate who rejects an offer of employment shall be removed from the employment 1 i st. _ .~ D. Time Off for Examination. Promotional examinations scheduled by the City during an employee's regular working hours may be taken without loss of compensation. ARTICLE 9. REDUCTION IN FORCE/LAYOFFS AND RE-EMPLOYMENT - . , · A. Council Determination. Whenever, in the judgment of the City CounCil, it b~comes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the City Council may abolish any position in the competitive service and layoff, reassign, demote or transfer an emPloyee holding such position or employment and same shall not be deemed a disciplinary act or act requiring written charges. The appointing authority may likewise lay off an employee in the competitive service because of material change in duties or organization, or shortage of work or funds. B. Seniority. Seniority, for the purpose of layoff, is defined as length of con- tin-uous full-time employment within the service of the City, except for service on a provisional and temporary status Seniority shall be retained, but shall not accrue during any period of leave without pay, except for authorized military leave granted pursuant to California State Military and Veteran' s Code. C. Order of Layoff. When one or more employees performing in the same class in a city department are to be laid off (provisionals and temporaries therein having already been terminated), the order of layoff in the affected depart- ment shall be as loll ows: 1. Probationary employees in inverse order of seniority 2. 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 process. 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 layoff. An employee receiving said notice may respond, in writing, to the City Manager. The employee's 'representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circumstances requiring the lay off and any proposed alternatives which do not include the consideration of the merits, necessity, or orga- ization of any service or activity. The provisions of Section E immediately below must be requested by the employee, in writing, five (5) working days prior to the effective date of lay off. E. Reassignment in Lieu of Layoff. 1. Vacant Positions in City: In the event of layoff, the employee will be allowed to transfer to a vacant position which the City intends to fill in the same classification in any City department. 2. Former Classification' In the event there are no vacant positions in the same classification in any department, an employee will be offered a vacant position in any classification at the same or lower salary level 1 I ( I i in which permanent status had formerly been held,' first in the affected d.epartment and then City-wide. ~k. Displacement: In the event there are no vacancies as listed in I or 2, the employee shall have the opportunity, upon request, to be assigned to any classification in the department at the same or lower salary level in which he/she meets the minimum qualifications and a regular lay off pro- cedure in the same or lower salary level shall apply. 4. Employees transferred, reassigned, or demoted under this Section will be assigned to a step in the new classification salary range closest, but not exceeding, the employee's salary at the time of reclassification. F. Lay Offs. 1. In the event that an employee is not reassigne~ in lieu of layoff as in Section E above the employee shall be laid off. If an employee elects not to exercise the rights in Section E, she/he may be deemed to have been offered and to have declined such work. 2. Laid off employees are to be paid for accrued vacation and sick leave in accordance with Section 14.1 (g) when separated as a result of a layoff. GJ .Lay Of? .Re-Employment/Reinstatement Lists~ 1. Probationary and permanent employees who are reclassified and/or demoted as a result of a reduction in force,, shall bare their names placed on a classification reinstatement list, in order of their senior, ity. Vacant positions within the classification shall first be offered to employees on this list. Employees. who are laid off, shall have their names placed on a re- employment list of classifications which, in the opinion of the Personnel Officer, requires basically the same qualifications and duties and responsibilities as those of the classification from which the lay off occurred, in order of seniority. Vacant positions in such classifi- cation shall be offered to eligibles on the re-employment list who qualify for such vacancies prior to an open or promotional recruitment. 3. No name shall be carried on a reinstatement or re-employment list for a period longer than two years. Refusal to accept the first offer of reinstatement or re-employment within a classification shall cause the name to be dropped from the list. Individuals not responding to written notification, by Certified or Registered I4ail, Return Receipt Requested, forwarded to their last given address, of an opening within ten (10) working days from mailing shall have their names removed from either a reinstatement or re-employment list. Individuals who do not meet current employment standards {i.e., medical, licenses, etc.), shall have their names removed from either a reinstatement or re-empl oyment list. 4. Probationary employees appointed from a reinstatement or re-employment list must serve the remainder of their probationary period in order to attain permanent status. -10- ARTICLE 10. - RESIGNATION ~r~D REINSTATEMENT A. Resignation. An employee desiring to leave the City in good standing shall submit a letter of resignation to his immediate supervisor no later than two w6eks in advance of the effective date of separation; complete an exit interview; and receive a satisfactory final evaluation. B. Reinstatement. A permanent employee who has resigne~ in good standing may be reinstated within two years of the effective date of resignation. Such reinstatement may be to a vacant position in the employee's former classifi- cation or to one in a comparable classification which does not carry a significantly higher rate of pay and which the employee is qualified to per- form. 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 at which the employee is reinstated. ARTICLE 11. HOURS OF WORK, OVERTIME A. Work Day. Eight consecutive hours of work shall constitute a regular work -shift except that they may be interrupted by a lunch break. Ail employees shall be scheduled to work on a regular work- shift, and each work shift shall have a regular starting and quitting time. B. Work Week. The work week shall consist of five consecutive eight hour days. · ---C. Work Schedule. Work schedules showing the employee's shifts, work days and hours shall be posted on the employee bulletin boards at all times. Except for situations where the City determines an emergency exists, changes in work schedules shall not be made until the employee and his or her repre- sentative have been given reasonable opportunity to discuss said changes with the appropriate management representative. D. Work Schedule: Sewage Treatment Plant. Employees assigned to the Sewage ~Treatment Plant shall work in accordance with the schedule provisions of Exhibit "C." E. Overtime. Authorized work performed by an employee in excess of their sche- 'duled workday or workweek shall constitute overtime except as otherwise pro- vided. An employee required to work in. excess of their scheduled hours of work shall be c_ompensated for each overtime hour so worked at the rate of one and one-half (11/2) times the employee's base rate of pay. No form of over- time 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. Employees may, at their option, receive pay for such overtime hours or may accumulate compensatory time at the rate of time and °ne-half (11/2) up to an equivalent maximum of twenty-four (24) hours in lieu of pay for said overtime; take the overtime as compensable time off provided, however, -11- anyone wishing to exerumse this-option must give five ~) days notice of the desire for such time off and the time off must be taken under such con- ditions as will not interfere with .the minimum manning and continued func- ti,on of their particular department Or operation. ~ ARTICLE 12. HOLIDAYS. A.- Authorized HolidaYs. The following are the authorized holidays: (1) 0 anuary 1 (New Year' s Day) (2) Third Monday in February . (3) Last Monday in May (4) duly 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) (11) December 25 . (12) December 31 (four hours) (13) One Discretionary Holiday* (Washington' s Birthday) (Memorial Day)' (Independence Day) (Labor Bay) (Col umbus Day) (Veterans Day) (Thanksgiving Day) (Day following Thanksgiving) (Four hours of workday preceding (Christmas Day) (Christmas Day) (Four hours of workday preceding New Year' s Day) *Each employee shall be entitled to one paid holiday each calendar year, which holiday may be taken at the discretion of the employee, and must be used by December 15, 1983 and 1984, subject to prior appro- val of the department head. Employees shall be entitled to be compen- sated for taking said discretionary holiday but shall not accumulate discretionary holidays nor be compensated in the event the discretionary holiday is not taken. When any of the aforementioned holidays fall in a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the preceding Friday. . B. Holiday Pay. Regular full-time employees except for personnel assigned to -continuous operations, shall be entitled to observe all authorized holidays at full pay, not to exceed eight (8) hours of any one (1) day, provided they are in paid status on both their regularly scheduled workdays immediately preceding and following the holiday. Employees assigned to continuous operations, ~ho by nature of their assignment are unable to observe City holidays, shall be compensated for authorized holidays as follows: Straight-time for the holiday and straight-time for the hours worked. Personnel scheduled to work on a City holiday, but who are unable to do so due to a job-related injury, shall remain eligible for payment in accordance with this provision as long as he is not receiving cm~pensation from other sources. An employee unable to work a holiday due to illness or to an injury unrelated to the job shall also be compensated for the holiday pur- suant to this provision provided that he submit to the department head a doctor's certificate verifying the illness or injury. C. Work Performed on a Holiday. Except for employees assigned to continuous operations or as provided in Section 12.4, any regular full-time employee .... ~who is required to work on any authorized holiday, in addition to receiving regular pay for such holiday, be paid at the overtime rate. -12- Joint Sewer Plant - He~-'tay Staffing. In additions to.~e personnel assigned in rotational shifts, two workers may be assib.,.ed to work at the lreatment Plant on December 24 (one-half day) and December 31 (one-half day) and the Friday following Thanksgiving, said two additional employees to be compensated at holiday pay computed as follows: Straight-time for the holi- dJy and straight-time for the additional hours worked. The assignment shall be made by the Superintendent of Sanitation, first relying on volunteers, and if there are no volunteers, then on a rotational system established by the Superintendent of Sanitation~ ARTICLE 13. VACATIO~I LEAVE. A~ Vacation Leave. fol 1 ows: Regular full-time employees shall accrue vacation leave as Length of · 'Conti nuous 'Serv i c e ~irst full four years After 4th year After 14th year After 24th year Vacation Hours Accrued ........ Bi-t~eekly ..... 4.62 7:69 -Annual Equivalent lO aays 15 days 20 days 25 days B. Deferral. An employee may, with the approval of the Department Head and 'City ),lanager, defer one (1) work week of his vacation leave to the suc- ceeding calendar year. The employee shall file written request to defer with the Department )lead. If the requirements of the service are such that an employee cannot take all of his vacation to which he is entitled in a calendar year, he may defer, with the approval of the department hear, the unused portion to the following year, provided that no more than thirty (30) working days of vacation can be accumulated. Deferred vacation which is not taken during the calendar year immediately following the calendar year in which the vacation leave was deferred shall be compensated for. C. Scheduling. The times during the year at which an ~mployee shall take vaca- tion shall be determined by the department head with due regard for the -' wishes of the employee and particular regard to the needs-of the service. Pay Upon Termination. Employees separating from the City ServiCes 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. -13- ARTICLE 14. · · LEAVE pROVISIONS A. Sick Leave. 1. Permanent and probationary employees in Unit 4, except those who work-less than full time, shall be entitled to receive base salary for a period of ninety (90) calendar days from the commencement of a given illness or dis- ability as compensated for sick leave, Said compensation is in lieu of any amounts employee is entitled to receive for Workers' Compensation or other 'income supplement sources existing by .reason of the employee's employment by City. In consideration of receiving said base salary for said period, employee assigns to City all rights to receive Workers' Compensation or other income supplements arising by reason of employee's employment by City. In addition, duri.ng said ninety (9.0) calendar days, City will .provide previously agreed upon health, dental and life insurance, The City will also provide lqng term disability insurance for said employee which insurance shall provide, subject to terms and conditions contained therein, for' the payment of two-thirds (2/3) of base salary after the expiration of the ninety (90) calendar days described above. After the expiration of ninety (90) calendar days from the commencement of a given disability or illness, the City will pay the employee, at the employee's option, any accrued vacation time. The City will also continue to pay previously agreed upon premiums for such employee on all' health, dental and life insurance until the date of separation. 3.' At any time after the expiration of ninety {90) calendar days and before the expiration of three hundred sixty-five {365) calendar days from the commencement of a given disability or illness, the City has the right to review the case of the individual employee and either separate the employee from the City's service or continue employment beyond three hundred sixty-five (365) calendar days. 4. After the expiration of three hundred sixty-five (365) calendar days, or extensions thereof, from the commencement of a given disability or illness, the employee will be separated from the City's service. Nothing herein shall be construed so as to limit the employee's'right to receive long term disability benefits under the Long Term Disability Policy beyond the three hundred sixty- five (365} day period. 5. Entitlement to'~se'of Sick Leave- To be entitled to use of sick leave, the employee must satisfy all of the following conditions: A. The employee must notify his/her supervisor prior to the commencement of the shift for which compensated sick leave is sought, in accordance ~vith departmental pol icy. B. 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 -14- e, responsibility, if requested b~v the supervisor, to provide medical reports on a scheduled basis and/or to keep the'supervisor apprised of his/her whereabouts at all times durt.ng the working day. 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, a certification by a medical doctor descrjbi.ng the nature and ex'tent of the illness or disability and confirming that the employee~has recovered sufficlently to assume light duty or has recovered fully and is able to perform regular work wil~hout any restrictions. .C. Notwithstanding the foregoi.ng sections, the City reserves the right to take such action as it deems necessary to confirm or verify a6i~ual i 11 ness or di sabi 1 i ty. .. 6. "Sick leave" as used herein, is defined as the.period of time during ~thich the employee suffers actual personal illness or disability which necessitates his absence from employment. Sick leave is not a right or privil.ege to be used at the discretion of the employee. -- 7. Employees shall not be entitled to accumulate unused sick leave. In accord- ance with the City's Personnel Rules and Regulations in effect as of July 8, 1975, each employee will be entitled to payment upon leaving the City's service or upon request may defer such payment for a period of time not to exceed three hundred sixty-five (365} calendar days, for sick leave accumulated prior to January 1, 1977, at the employee's existing salary for fifty percent {50%) of the days of accumulated sick leave, wh'ich accumulated days of sick leave shall not exceed one hundred twenty (120) days. Said right to payment is deemed a property right which shall not be taken from the employee without mutually ..agreed upon consideration. If'state or federal legislation is enacted into law then mandating a percentage other than the fifty percent {50%} de- scribed herein, then such mandated percentAge'shall uspersede the percentage described herein. This sub-paragraph restates the provisions contained in the r. lemorandum 'of Understandi.ng dated the 8th day of July, 1975, approved by Resolution No. 95-75, adopted by the City Council on the 8th day of July, 1975, and the restatement herein does not modify the meaning or application thereof. .B. Medical Appointment'Leave, An employee shall be entitled to receive authorization for leave, without loss of pay, for appointment with medical doctors or dentists. Such leave shall be author- ized only for.the actual time necessary for the appointment and for traveling to and from the appointment. Employees shall be required to submit a personal affidavit describing the nature and need of such visits. The City reserves the right to confirm or verify any a'ppointments for ~,~hich such leave is authorized. C. Family Leave. 1. An employee may use up to eight (8) hours per calendar year in order that s/he may care for a sick or injured member of his/her in~nediate family requiring his/her care, or to obtain medical consultation/treatment to pre- serve the health of a sick or injured member of his/her immediate family, provided the immediate family member resides in the employee's home. -15- Immediate family member shall be as defined below, lhe requirement to reside in the employee's home shall not apply in cases involving the employee's mother, father or child, Leave usage forms and nol~ification procedures will continue to be used, provided the City reserves the right to take such action it deems necessary to confirm or verify use of this leave. Berevement Leave. Each employee may take-leave without loss of pay foF the purpose of attending the funeral of any member of his immediate family, as defined hereinafter, for the period of three (3) workdays per occurrence within the State of California or five (5) workdays per occurrence outside the State of.California, 3. DefinitiOn of'Immediate'Family. As used herein, "immediate family" is defined to be spouse, parents, brother, sister,, grandparents, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, da. ughter- in-law .or son-in-law, In addition, the City Manager may grant the above described leave in the event of the illness or disability or funeral of someone other than those person designated if, in the City Man. ager's opinion, there exists an extraordinarily close relationship between the employee and such person, D. 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. lhe City.Manager may. grant an employee in a permanent posi'tion a leave of absence without pay or benefits not to exceed thirty {30}.calendar days, A request for leave and the reasons therefor shall be submitted in )miting and must be approved by both the department head and the City Manager: Upon expiration of the approved leave, the employee shal.1 be reinstated in former position without loss of service credits or benefits (subject to terms of policies) accrued prior to said leave. Failure on the part of an employee to return to work on the date scheduled shall be cause for discharge. E. Maternity LeaVe. Leave shall commence upon certification from the employee's attending physician that she is no longer capable of performing the duties of her position. Upon advice of her physician, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary which she is qualified to perform. Where such transfers have by practice, policy or negotiated agreement been granted for temporary disabilities other than pregnancy, the transfer of the employee shall be accommodated. Where temporary transfers have not been 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 the performance of unnecessary work, Where it is the opinion of the department head that the employee should be placed on leave sooner than prescribed by her physician due to her inability to effect- ively or safely perform the duties of her regular position or of one to which -16- she has beeon, 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 classified employees who are temporarily disabled due to a non-industrial illness or injury. While the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. .. · Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position' is abolished duri.ng the period of leave'and the employee would othen~ise not have been laid off. Prior to the employee bei.ng reinstated, the department head may require a state- ment from the attneding physician the employee is physically capable of resumi.ng the regular duties of her position. An employee may request a leave of absence as provided'under Section 14.4 at the conclusion of her disability. F. Militar~ Leave. Military leave shall be granted in accordance with the provisions of applicable California State and Federal .law. All employees 1.egally entitled to military leave shall provide the department head an opportunity, within the limits of the military orders or regulations, to determine when such leave shall be taken. Department heads may modify the employee's work schedule to accommodate the requirements applying to the leave. " ARTICLE 15. HEALTH'AND'WELFARE'PLANS. - A. Health InsuranCe. The City shall provide a fully paid health insurance plan at the current benefit level for employees and their eligible dependents with the option available to the employee to select the plan 'known as the Kaiser "S" Plan or the Bay Pacific Health Plan. B. _Open Enrollment. )he self-insured program of dental care benefits existing as of August 17, 1977, shall be continued during the term of this Memorandum of Understanding. )he cost of such plan for employees and their eligible dependents shall be fully paid by the City. C. Vision Care Plan. The Group Vision Care Plan, dated January, 1975, designated VSP Plan B - Employee and Dependent, with a ten dollar {$10} deductible shall be continued during the term of this Memorandum of' Understanding. The cost of such plan for employees and their eligible dependents shall be fully paid by the City. -17- D. Life ~nsurance. The term life insurance cover, age, including accidental death and dismemberment in the amount of $10,000 per employee, shall be continued during the term of this t. lemorandum of Understanding. The cost of such plan for empl6yees shall be fully paid by the City. E. ,Long Term DisabilitS Insurance, A long-term disability insurance plan which, subject to the terms and conditions thereof, shall provide for payment of two-thirds (2/3) of base salary during disability and shall be continued at the.current benefit levels during the term of this Memorandum of Understandi.ng, lhe cost of such plan for empl'oyees shall be fully paid by City. F. 'Retirement. The benefit contract in effect between the City of South San Francisco and the Public Employees' Reitrement System (PERS) on behalf of eligible employees of this Unit, shall be continued during the term of this Memorandum of Understanding. G. Retiree Health Plan. City .agrees to provide employees retiring with a service retirement through PERS with .the same.or as near equal, health coverage as possible provided for active employees {employees only - not family members)on the following basis; If the employee re~ires at age 65 and has been employed by the City for ten {10) years, s/he is eligible for employer payment of the aforementioned health insurance for the rest of his/her life, If said employee retires under the .age of 65, s/he must have, in addition to the ten (10) years, accumulated one'(l) additional year for each year under the .age of 65. ARTICLE 16. SAFETY.. A. Observance of Safety'ROles'and'RegOlatiOns. Both the City and Union shall expend every effort to ensure that work is performed with a maximum degree of safety, consistent with the requirement to conduce efficient operations. Each employee covered by this Memorandum agrees to 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 hazards to the appropriate management official immediately. Any employee having knowledge of or who is a witness to an accident shall, if requested,, give full truthrul testimony as to same. B. Safety Program. The City has established a safety program, and representatives of the Unit shall serve on the safety committees. C. Safety Equipment, The City sahll continue to supply employees wi'th safety equipment required by the City and/or CAL OSHA. All employees.shall use City supplied safety equipment only for the purposes and. uses specified under applicable safety, rules and r. egulations... _ARTICLE 17. DISCIPLINE, .. A. Action by'City. The City may discharge, suspend,.demote or'reduce in salary any permenent'employee for.reasons includi'ng, but not limited to, dishonesty, insubordination, incompetence, willful negl.igence, failure to perform work as..required or' failure to comply, with- · or violation of the. City's rules regardi.ng safety, 'conduct and 'operations, chronic absenteeism, misstatement of fact 'on an application.or other person6el document, falsification of records, unfitness for duty and absence' without authorized leave. Any discharged., suspended' or demoted employee,lot an employee whose salary .has been reduced for dmsciplinary reasons, shall be furnished by reason 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 hav. e. the right' to appeal' the case thro. ugh the grievance procedure within five (5) workl.ng days' from the date of the actual disciplinary action. - B. NOtice of Disciplina~y'A6tion. The City shall provide the affected employee with written notice prior to taking disicplinary action, except where circumstances dictate the .City taki.ng immediate action to remove the employee from the work place, In such cases, w.ritten notice, as set forth below,I shall be provided the employee within two (2) working days of I the action. In all cases, written notice of disciplinary action shall be served on the employee personally or by certified or registered mail, retUrn receipt, with a copy of the notice to be placed in the employee's personnel file. The written notice shall contain the followi.ng information: a. The type of disciplinary action. b. The effective date of the action. c. The reason or cause for the action d. That the employee shall be furnished copies of all materials upon which the action is based. e. That the employee has the right to respond, either orally or in writing, to the authority initially imposing the discipline. Except in instances where disciplinary action must be imposed immediately, the notice shall be provided the employee no later than five (5) working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action will not become final until the aforementioned notice has been furnished the employee and the emPloyee has been provided no less than five (5) working days from the receipt of the notice to respond to the authority initially imposing the discipline. - -19- Once the proposed disciplinary action.has been imposed~ the affected employee shall have the r. ight to appeal. Such appeals shall be filed directly at the fourth step of the grievance procedures set forth in Article 18 of this llemo- randum. Probationary employees may be discharged for an~v reasons which~ in the sole opinion of the City, is just and sufficient, Such discharge shall not be subject to the grievance procedure~ except under the conditions specified in Section 7.2: of this Memorandum of Understandi.ng' · ART 1;CLE 18. ' GRIEVANCE' PROCEDURE. A. Definition' of'Grieva.~e. · A grievnace shall be"defined as any dispute;wl~iCh involves the' interpretation or application of any provision of.this MemOrandum of Understa. ndi.ng duri.ng its term, excludi.ng all ordinances, resolutions, rules and r~egulations', the contents of which are not specificallY covered by: the'provisions of this Memorandum of Understandi.ng. Such excluded.ordinances, resOl.utions, rules and r. egulations shall not be subject to a grievance procedure.' .B. 'Steps in'Grievance'prOcedure.. Step I - An employee who has a grievance shall bring it to the attention of his immediate supervisor/division 'head. within five {5)' v~orki.ng days of the'occurrence of the act which is the basis of the dispute. If the employee and..the immediate supervisor, the employee shall have the right 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 grievnat's immediate supervisor. d. A statement of the nature of the grieva'nce including date and .. place of occurrence. e. The specific provi.sion, 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 processing of the grievance. However, in no event shall an employee organization other than the one which formally represents the position occupied by the. grievant be designated as the grievant's representative. Step 2 - An employee dissatisfied with the decision of the immediate supervisor in Step 1, may submit the grievance in the manner provided above to his department head within seven (7} working days from the date of the immediate supervisor's decision. The department head shall respond to the grievance in writing within seven {7) working days from the date of its receipt. Step 3 ~ Xf the employee is dissatisfied with the decision of the department head in Step .2, he may submit the grievance to the City Manager within ten {10) wprking days from receipt of the department bead'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 l~his period, the. City Manager, at his discretion, may conduct an informal hearing involvi.ng the parties to the dispute. -. Step 4 - If the employee is dissatisfied with the decision of the'City Manager, he may submit the grievance to the Personnel Board. Notice of appeal must be filed in writing bY the employee with the City Manager.'s Office' within, fifteen {15) working days of receipt of the Manager's decision. The City Manager 'shall provide written notice of the appeal tO each Board Member, to the department head and, where applicable, the. employee organization involved and to such other parties as he may deem appropriate, ' To the extent feasible, the Board shall hear the grievance at its next regular meeting followi.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 hearing on the matter within fifteen'(15} working days fr. om the date the appeal is filed. The City Man. ager's Office shall provide advance wirtten notice of the hearing date to all parties involved. All Board hearings on. grievance matters shall be conducted in an expeditious manner and need not be conducted according to technical rules relating to evidence and witnesses. The Chairperson' shall retain final authoril~y to rule on procedural matters, or on other points which affect the length and conduct of the hearing. The Personnel Board shall render its decision in writing within fifteen {15) working days followi.ng 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 signi-- ficant, unbudgeted expenditures. In those cases, the ruling shall be submitted · to the City Council for action which may include modification or reversal. C. The City's PerSonnel Board shall not entertain, nor hear, nor decide or make recommendations on 'any dispute unless such dispute falls within the definition of a grievance, as set forth in Section 18 A above. D. Proposals to add to or change this Memorandum of Understanding or written agree- ments or addenda supplementary hereto, shall not be grievable and no proposal to modify, amend or terminate this Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposal, may be grievable under this Section; and the Personnel Board shall not have the power to amend or modify this Memorandum of Understanding or written agreement or addenda supplementary hereto, or to establish any new terms or conditions of employment. E. All grievances involving or concerning the payment of compensation shall be initially filed in wri'ting with the department head. In such cases, no adjust- ment shall be retroactive for more than thirty (30) days from the date upon which the grievance is filed. Only grievances which allege that employees are not being ~-- compensated in accordance with the provisions of this Memorandum of Understanding shall be considered grievances inder Section 18 E. Any other matters of compen- -21- satio~ are to be resolved in the meeting and conferring process, and if not detailed in a J~emorandum of Understanding which may result from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is n'ext opened for such discussion. ' ARTICLE' 19. 'APPRENTICESHIP. ' " o- The Union and the' City agrees to continue the current Stationary Engineers Local 39. APPrenticeship Pr. ogr~im. ARIICLE ~0. ' 'R£$1'BRE^K$. " .. Employees shall be entitled to one '(1) fifteen '(15) minute rest break duri.ng each four (4) hours of an assigned shift, Such rest breaks shall not be accumulative and shall be tak'en at a time when the wbrk schedule permits. ARTICLE 21. AUTOMATIC'PROGRESSION. · A. Treatment Plant'Operator'I'to'II. ~ · Union and City agree that all current 'employees and any future employees hired as Treatment Plant Operator I shall~ as. here.inafter provided, butomatically progress to Treatment Plant Operator II. Current employees - Any employee currently employed as a Treatment Plant Operator I, who has in his possession a valid Grade II Wastewater Certificate issued by the State of California, shall be immediately advanced to Treatment Plant Operator II, in accordance'with current City practice and the applicable provisions of this Agreement. Any employee currently employed as a lreatment Plant Operator I or future employees hired as a Treatment Plant Operator I shall, upon receipt of a valid Grade II Wastewater Certificate issued by the State of CalifOrnia be immediately advanced to Treatment Plant Operator II in accordance with current City practice and the applicable provision of this Agreement. Current employees and employees hired as a Treatment Plant Operator I, as a condition of continued employment, must obtain a valid Grade II Wastewater Certificate issued by the State of California within four (4) years from the effective date of this Agree- ment of date of hire as a Treatment Plant Operator I, whichever occurs later. B. Maintenance Worker'I to II. A Maintenance Worker I who meets the qualifications for Maintenance Worker II, shall be eligible to automatically Progress to Naintenance Worker II in accordance with current City practice. Current employees, as of the date of agreement, shall be allowed to count prior service as a 'Maintenance Worker I toward the qualifications. ARTICLE 22. PAST PRACTICES AND EXISTING NEMORANDUM OF UNDERSTANDING. A. Continuance of working conditions and practices not specifically provided herein, shall not be guaranteed by this Memorandum of Understandi.ng. B. lhis Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between City and Union, Personnel Rules, Regulations, Resolutions and Ordinances. -22- No ch,anges in this Memorandum of Understandi.ng or interpretation thereof (except decision of the Personnel Board and City Council in accordance with the applicable sections of this Agreement) will be rec. ognized, unless .agreed to by the City Manager and the Union. ARTICLE 23. 'EMPLOYEES COVERED. ,, - Provisions of this Memorandum of Understanding apply only to the employees represented in Unit 4. ARTICLE 24. SEVERABILITY. Should any section,.clause or provision of this Memorandum of Understandi.ng be declared illegal by final judgment of a court of competent jurusdiction, such invalidation of such section, clause or provision shall not invalidate the remaini.ng portions hereof, and such remaini.ng portions shall remain in full- force and effect for the duration of this Memorandum of Understandi.ng, In the event of such invalidation, the parties agree to meet and confer concerni.ng substitute provisions for provisons rendered or'declared ill.egal. ARTICLE 25. 'TE~4 OF 'MEMORANDUM'OF'U[4DERSTANDING. · . This Nemorandum of Understanding shall become effective only upon approval by the City Council and .upon rati'fication by the members of .Unit'4 and remain in full force and effect to and includi.ng December 31, 1984, "APPROVED BY CITY COUNCIL RESOLUTION NO. 150-83, ADOPTED OCTOBER 19, 1983" INTERNATIONAL UNION OF OPERATING --23- ' '' · 'APPENDIX }~CSOLUIIO}I IlO. $87g CITY COUMCII,~ C:(TY OF I SAI. I'FRANCISCO> STATE OF CAL'~FOt A '}~SOLUT~0N APPROVING IiEMORAMDUit OF UNDERSTAMDIH~ BETWEEH EI-IPLOYER AND EMPLOYEE ~P~ESEI,I'fATIVES - BE IT KESOLVEB by the City Co~c~l of the J~me 26 ~ 1572 ~ desig~a'ked E~ibit "A" attached 'hereto made & p~t heme'o~'~aving beqn.~te~d ~t0 b~een'eh&...- ' hemeby'app~ove said Memo~d~ Of Undems'~ding.. - · · · . - ~ - ~ X hereby certify '~hat the foregoing Resolu'~ioa was City of Sou'th' Stun Francisco'at a=- special ' mee'ting , . held on The ~ 2g-~h' day o~. the following vote' ' ': - ' --- A~'ES} CO~ICILP~N Patrick E. ~,hern,'G~r&n _~- ~bl l-~t,_ .... '. '_ . " };i I I iam A. ~rba ~nd F. Fren~. 14,~n!. · . Yh~rren. Sic i nkam? _ . . ' ' · · ABSEI'IT ~ . APPENDIX B CLASSIFICATION .WAGE RATES --RATE EFFECTIVE August 26, 198'3 ' PERIOD -A-. -B- -C- -D- -E- EFFECTIVE June 24, 1-984 -A- -B- -C- Assistant Mechanic/ Machinist, W.Q.C.P. Hour 10.99 11.54 12.12 12.72 13.36 Week ~ 439.60 461.60 484.80 508.80 534.40 Bi-Wkly 872.20_ 923,20 969.60 1017.60 1068.80 Approx. MO... 1,905 2,000 2,101 2,205 2,316 Approx. Ann. 22,859 24,003 25,210 26,458 27,789 11.32 ll .89 12.48 13.10 13.76 452.80 475.60 499.20 524.00 550.40 905,60 951.20 998.40 1048.00 llO0.80 1,962 2,061 2,163 2,271 2,385 23,546 24,731 25,954 27,248 28,621 Industrial Waste Inspector Hour 'r 11.30 11.87 12.46 13.08 13.74 11,64 Week 452.00 474.80 498.40 523.20 549.60-465.60 Bi-Wkl¥ 904.00 g49.60 99'6.80 1046.40 1099.20 · g31.20 Approx. Mo.. 1,959 2,057' 2,160 2,267 2,382 2,018 Approx. Ann, 23,504 24,690 25,g17 27,206 28,579 24,211 12.22 12.83 13.47 14.15 488.80 513.20 538.80 566.00 977.60 1026.40 1077.60 1132.00 2,118 2,224 2,335 2,453 25,418 26,686 28,018 29,432 Labo rato ry Chemi st., w.q,c,P. Hour lO.61 ll.14* ll.70 12.28 12.gO 10.93 Week 424,40 445.6'0 468.00 491,20 516.00 437.20 B~-Wkly 848.80 8gl.20 936.00 982.40 1032.00 874.40 Approx. Mo. 1,839 l ,931 2,028 2,12'9 2,236 1,895 Approx. Ann. 22,069 23,171 24,336 25,542 26,832 22,734 ll .48 12.05 12.65 13.29 459.20 482.00 506.00 531,60 918.40 964.00 lO12.00 1063.20 1,990 2,089 2,193 2,304 23,878 25,064 26,312 27,643 Maintenance Worker w.q.c.P. Hour 7.86 8.25 8.67 9.10 9.55 8.10 8.51 8.93 9.38 9.85 Week 314,40 330.00 346.80 364.00 382.00 324.00 340.40 357.20 375.20 394.00 Bi-Wkly 628.80 660.00 693.60 728.00 764.00 648.00 680.80 714.40 750.40 788.00 Approx. Mo. 1,362 ! ,430 1,503 l ,577 1,655 l ,404 1,475 l ,548 l ,626 1,707- Approx. Ann. 16,349 17,160 18,034 18,928 19,864 16,848 17,701 18,574 19,510 20,488 Mai ntenance Worker I I, w.q.c.P. Hour 8.47 8.89 9.34. 9.81 10.30 8.73 Week 338.80 355.60 373.60 392.40 412.00 349.20 Bi-t-ikly 677.60 711.20 747.20 784.80 824.00 698.40 Approx. Mo, 1,468 1,541 1,619. 1,700 1,785 1,513 Approx-. Ann. 17,618 18,491 19,427 20,405 21,424 -18~158 9.17 9.62 10.11 10.61 366.80 384.80 404.40 424.40 733.60 769.60 808.80 848.80 1,589 1,667 1,752 1,839 19,074 20,010 21,029 22,069 Mechanic, W.Q.C.P. Hour ll .30 ll .87 12.46 13.08 13.74 ll .64 Week 452.00 474.80 498.40 523.20 549.60 465.60 Bi-Wkl~ ~.904.00 949.60 996.80 1046.40 1099.20 931.20 Approx. Mo. 1,959 2,057 2,160 2,267 2,382 2,018 Approx. Ann. 23,504 24,690 25,917. 27,206 28,579 24,211 12.22 12.83 13.47 14.15 488.80 513.20 538.80 566.00 977.60 1026.40 1077.60 1132.00 2,11~) 2,224 2,335 2,453 25,418 26,686 28,018 29,432 Mechanic Electrician, w.q.c.P. Hour ll.30 ll .87 12.46 13.08 13.74 11.64 Week 452.00 474.80 498.40 523.20 549.60 465.60 8i-Week,ly ~9_04.00 949.60 996.80 1046.40 1099.20 931.20 Approx. Mo. 1,959 2,057 2.160 2,267 2,382 2,018 Approx. Ann,.23,504 24,690 2 ) ~7,206 28,579 ..24,211 12.22 12.83 13.47 14.15 488.80 513.20 538.80 566.00 APPENDIX B Page 2 .CLASS I FI CATION Operator I, W.Q.C.P. Operator II, W,O.C.P. WAGE RATES RATE EFFECT'IV'E August 26, '198'3" ' - PERIOD -A- -B- -C- -D- -E- .Hour 9.68 10.16 10.67 11.21 ll .77 :Week 387.20 406.40 426.80 448,40 .470.80 Bi-Wkly. .774.40 812.80 853.60 896.80 94i .60 Approx. Mo.' 1',678 1,761 -t,849 i,943 2,040 Approx. Ann. 20,134 21,133 22,194 23,317 24,482 Hour 10.37 10.89 ll .43 12.00 12.60 Week '414.80 435.60 457.20 480.00 504.00 Bi-Wkl¥ 829.60 871.20 914.40 960.00 1008.00 Approx. Mo. 1,797 1',888 1,981 2,08'0 2,184 Approx. Ann. 21,570 22,651 23,774 24,960 26,208 EFFE'CTIVE June 2'4-, '1984' -A- -B- -C- -D- -E- 9.97 10.47 10.99 11.54 12.12 398.80 418.80 439.60 461.60 484.80 797.60 837.60 879.20 923.20 969.60 · 1,728 1,815 1,905 2,000 2,101 20,738 21,778 22,859 24,003 25,210 10.68 ll.21 11.77 12.36 12.98 427.20 448.40 470.80 494.40 519.20 854.40 896.80 941.60 988.80 1038.40 1,851 1,943 2,040 2,142 2,250 22,214 23,317 24,482 25,709'26,998 Operator Apprentice w.q.c.P. NOTE: Operator Apprentices serve 6 months at each rate for a four-year apprenticeship 6 months peri od 1 s t 2nd 3rd Percentage of Top Step Journeylevel 60% 65% 70% 4th. 5th 6th 7th 8th 75% ' 80% 85% 90% 95% Effective August 26, 1983 Effective June 24, 1984 Hour 7.56 8.19 8.82 9.45 10.08 lO.71 Week 302.40. 327.60 352.80 378.00 403.20 428.40 · Bi-Wkly 604.80 .655.20 705 60 756.00 806.40 856.80 Approx.' Mo. 1,310 1,420 1,529 l ,638 1,747 l ,856 Approx. Ann. 15,725 17,035 18,346 19,565 20,966 22;277 Hour '7.79 8.44 9.09 9.74 10.38 11.03 Week 311.60 337.60 363.60 389.60 415.20 441.20 Di-Wkly 623.20 675.20 727.20 779.20 830.40 882.40 Approx.' MO-. 1,350 1,463 1,576 1,688 1,799 1,912 Approx. Ann. 16,203 17,555 18,907 20,259 21,590 22,942 11.34 453.60 907.20 1,966 23,587 ll .68 467.20 934.40 2,025 24,294 ll .97 478.80 957.60 2,075 24,898 12.33 493.20 986.40 2,137 25,6~6 After completion of 8th 6 months 12.60 504.00 008. O0 2,184 26,208 12.98 519.20 1038.40 2,250- 26,998 1001 ,) apg(oval of ~high ~h~ represen*atives ~reo.~o . EI'Iy of SouTh San Francisco. . - " - . . - ~HERE~S~ the employee representatives pmpos~ the roi lowing: . · · I -' ' "The ~i')7 Of South San Francisco . any person, firm, partnership, co, re-Ilea, or m~oipa, ion ffhereof. any service or work tradi't~onal Iy. performed by ~%oloyoes of Che CiTy. ' In addition,, any new servlce'provldc8 ' sh~l } only be Rp_r[ormsd by employes hired by th. City under ih~ ' ~ 'Personnel Rules and Regula'tlon%a ~ ' . - ' ~iHEREAS,' ~he Cl?y holds ihe ~inlon lh~'~ It has fha obligation go'selecT ~ ~ntrac~In9 or subcon'tracting and lhe hiring of employees pursuant id '~ho Personnel *. . lng lay-offs, lransfcr~ or other acts affeclin9 WHEREAS, th0 employeo and employer repre~nga'~ives are unablo go agree ~',t 'this ¢lr,.o regarding said conc:epf$ ~ncl/or prov[.~.ioas ~.nd desire to explore and develop said concepi$ 'throt,gh -tho process of r~::dizvl-ion its provided in govoro~.2n'~ ,, ~,,~.c, ia'tlon not bei~:g bindif, q on et-thor party un'rtl ~do S~ctic;n 3505.2 ~;]th tho "' : s~ I conc:ep'ts and provisions aro mu'ti, ally i;greod tjpon and pending comple¢ion of . ExhibiL "A" to Un-)t ~ l.lemorandum of Under- stanclin9 for July 1, 1979 - 3t;ne 30, 1951 ...,v ,,,:,us~i'lon no lay-offs ~ili bo made by City '..or sub~n'[ractlng wi'Ih *,,y pdrson, fire, par[nershlp, corporatl~n or comS lnatlon ( ~ ' 'RO~, THEREFORE, IN CONSIDE~TIO~I OF I}IE . ~ED AS EOLLO~'IS: ' - . . . ~fha~ '~h~ par~les'shal I subml2 ~h~ m~'t~r con-~al~ed In 2h~ recl'~ls ~bov~ go m, dla¢lon p~usuan~ fo ~rnmen'P ~'Se~'~lpn ~05.2. ' F' e · of Understanding 'in g'h~ City of South 5~ Francis~. Cal ifornia~ ~s df ~hl~' ' · · · · o ~,, , · · F-.I4PLOY£E:~REPRESENT^TIYE~ .. ' ~. . .. J,.i, icha-31 OrK~n~°n, Local'"1569 AFgC&t4E, AFL-C Exhibit "A" to Unit 4 14emorandum of UnSerstanding for July 1,.1979-- June 30, 1981 'Frank Bill. is, Local' 57~. AFSCI4E~, AFL-CIO Robert Pctor$oa, S.S.F. l-kmiclpal- Employee-~ Ed Iii I I, lnlcrn;.sl°ioaal Fifo Fie. ih'rets Ass~. · San Francisco AFSCf,,c (AFL-CIO) · . . }lilliam .qala~ ... · o. o 56. San Fra~s:o'. Cal f~. · ds',. · . .. . .. . .. ~ ." -.~- . - .. .. - .. "' .._~;. ' - ~ SiX '"~'~" ~)'C~e raq,J~-ad ~0 ;'Ota~ th~ s;~ts. AS ~ prem~ . a~plo)'~e' to ;-aaeive the sa~a pay foL 2B day~ for 30 days. ' -,-.. -. arrang~.,en t. '"'"'""', .... ~ - *',- '~:-~' ';ti, re;;jrd L:, :.cli..-d~ii:~:l :.h.:ir vaca- -~-~=,ation ~rc.., ..,,_ employ..=> ~.;. . '--'ogress to date bolgi:gs [o ;""-' ' · · Exhib}~ "C" to t'l"~0t~nclum Of Undor$£and~ng for July 1, 1979 ',lutte 30, 1981 San ita Li an, ii~nry L. Schwe i,ii ng ~rking Schedule and Vacation Schedule, S~r:itation · · · ' . .. . . ~anuary' Z, 1~53 .. · . · · :City' cil' ' " '.. ' ' t.o,Jn ' . C~O ~ ' C. ~y Manager . Cityof S9tSan Francisco - - :- ., . .- l~unorabl ~ ~-'~- ...... · · ' - ' - -' .~. ~=:..=.~. ~nd ~ S9 '~' ~ i'> ~ ~':~=:~ tO da sO ~ ' - ~'~ ..... ~'~' et ~ '~ ~ ploy .- '.".-- u.:~' -~-~'~'~~=..,~ ~]] ;~ ror.l~ss ~:=,: o,~.._ ...... a ~:_~ :o. audi u~ .eB _ uF~c ~ - ' ' · ' ' ' ~. . . . quire n '~l~::ibl= ~cr~:;C~..~nt at tir.~, ljot); a~ ~ .......... , :..~::. c · . ~n-J to ~-~;un .-'. ......... and it is ,'--'--'~t~ud ~''~ ~:,..~,.,n~ est of th~ ------~=~'- --~ +':: amployaes '. -- · tc: Supt. Sunit-~tio:~. Local 1559 · Very ti~uly yours' £. W. Kenney, Busine~_~ Representative- fo:' Local 1559 and Council 57 iii h~esseJ by' al! [ ti,i Exhibit "C" to Unit 4 Memorandum of Under- standing for July ]. 1979- June 30. 1981 ._=,. · · A, ,. CO~ ........._.CI].Y..___.COU;ICI L....._ --_ ............................. -_ · · · · C~t7 Manager- . · · -"-~.~:~.m~-.,-- held i-~i*' g,~,on. . . ' local. 7·gaf-ding ~ays o[ 'wor~ for Sew, ge Trea~~. PI ant e · Sshadul.= in ~.his }'egard is' at~=~c~ed he;-eto:'' - ' '. .  · · o ee ' · ee j Oe d~ Persoi~nel Dept. Clerk · , e, · · . · - ......... -....~ ---- _ ..- ,,. P'* ,.. ,..,,.,.,,..,..;..:.0:..,;:,,.: ,~. ,,.. ""~ ""-"" ~.t ~ ,.,:,:..:. Thi~ c~.s'-!t;.~n:.,.~.,.,--~-"N~.~. h~-'",'-",:' a ' . · ' ~ ' '1"$ " - '"' ": '" i" '"'. ....... '~"' '"~"'~"' : %' :'.- · ' ° " · 1' ' "" ' ' '"" °' ' · · ' s '° o' .$~ " ;a ....... :".- Fer th-~ ;7.-z.r,.~}'r~. th? sch2~:.:!~ I1 n-~'.'''-~* ts,~~b, -~ -"'"" ~-" ....... :."--..-. ~ -~dd~ti .... ~ u.:~ ~i-;~y for labor '..:~ ~ ....'---~ ~'":-'-~" " '"':' ~ ' ~g'~ ~-:- .... ;- ~.~"'~ ';-',,'-'.".b~',' :-~ot h~ ,.__-._-_, .-.;.--_-.- . .-' ' . :/:':: - -"-.'.'" ~;-_-~ ,~.m:, o~ ~;o,..~,,.;,:. ,~ , -_ ~,-_'-2-.3 :,=lu:~ ~.~.s~- . .-. ...--', . -...;.-- --:. .-''.;..;-" .-',l'l,~-) ~,~. t:~ -'-~--',~,~;~:-~:~ ...... ' ' ' ' = ..... · ; . .. ~ ':-..~oo :. --.~ ~.--.-.--%! ..,.,~. '...~ .;.'~.. ~ ,,.,... ';.~.~.,.,~.;,~-...,; ~,,,.,,. .... .- . - . - . ": -:~' . :..- ':'.:. -- ...--..:~: ~j..~,,, u~. ~.-,,-.. - . ' ' - ' ..' '"" -- ' '" '-::': . ',,.-- :' ,." "'" -'- ' '~ - . -. ::- .-.:'f: ~.~: -. s~h-:d~l a ~.s ~,_-~:,;, , , ~ v ia§ from *.ha ~n'; on. as :2 .._~..:_-~..,~-~-es of the -:mploye.:_,s 3 co:.:.'~i'-~-~ " ~ions ~.;ill be taken as stated above an5 in a r,~nn-=r to make t;arkable the s~heoole. . Eugene Aiel City Manager Exhibit "C': to Un. it 4 Memorandum of Understandin9 for July 1, 1979- June 30, 1981 o %- ~AY$ O? ~IO~H