HomeMy WebLinkAboutReso 106-2022 (22-510)Exhibit A
The City of South
San Francisco
Memorandum of Understanding
Between the
International Union of
Operating Engineers, Local 39
and the
City of South San Francisco
July 1, 2022 through June 30, 2025
Exhibit A
Exhibit A
City of South San Francisco
International Union of Operating Engineers, Local 39
Amended Memorandum of Understanding
Table of Contents
July 1, 2022 through June 30, 2025
Article Title Page
Preamble
1. Recognition ............................................................................................................ 1
2. Union Dues and Membership ................................................................................. 1
2.1 Membership .................................................................................................... 1
2.2 Dues ................................................................................................................ 2
2.2.1 Payroll Deductions .......................................................................... 2
2.2.2 Deductions During Absences .......................................................... 2
2.2.3 Invalidated Dues .............................................................................. 2
2.2.4 Hold Harmless ................................................................................. 2
2.2.5 Deduction Forms ............................................................................. 2
2.3 Notification of New Employees ..................................................................... 2
2.4 New Hire Orientation ..................................................................................... 2
2.4.1 Release Time for New Hire Orientation .......................................... 2
2.5 Communication with Employees ................................................................... 3
2.6 Advance Notice ............................................................................................ 3
2.7 Copies of Memorandum of Understanding .................................................. 3
3. Management Rights ................................................................................................ 3
4. No Discrimination .................................................................................................. 3
5. Union Stewards and Official Representatives ........................................................ 4
5.1 Union Stewards ............................................................................................. 4
5.2 Permission to Leave Workstations ............................................................... 4
5.3 Abuse of this Article ..................................................................................... 4
5.4 Representation for Disciplinary Action ........................................................ 4
5.5 Union Representatives .................................................................................. 4
5.6 Access to Personnel Files ............................................................................. 4
6. Salaries and Other Compensation .......................................................................... 5
6.1 Definitions .................................................................................................... 5
6.1.1 Base Pay…………………………………………………………... 5
6.1.2 Enhanced Pay…………………………………………………… 5
6.2 Wage Rates ................................................................................................... 5
6.3 Apprentice Wage Rates ................................................................................ 5
6.4 Premium Pay for Grade Certification........................................................... 5
6.5 Longevity Pay Plan for Employees Hired prior to July 1, 2012 .................. 5
6.5.1 Fifteen Years of Service .................................................................. 5
6.5.2 Twenty Years of Service ................................................................. 5
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page ii
Article Title Page
6.6 Shift Differential .......................................................................................... 5
6.7 Like Work for Like Pay (Temporary Upgrading) ........................................ 6
6.8 Temporary Assignment to Higher-level Position ......................................... 6
6.9 Salary Plan Administration, Advancement within Salary Rates .................. 6
6.10 Revisions to Salary Schedule ....................................................................... 6
6.10.1 Salary Plan Administration and Salary Step After Promotion ........ 6
6.10.2 Salary Plan Administration and Salary Step After Demotion ......... 6
6.11 Salary Plan and Pay periods ......................................................................... 6
6.12 Certification Reimbursement ....................................................................... 7
6.12.1 Mandatory Certification .................................................................. 7
6.12.2 Voluntary Certification ................................................................... 7
6.13 Contracting Work ......................................................................................... 7
6.14 Committee Review ....................................................................................... 7
6.15 Uniforms ....................................................................................................... 7
6.16 Bilingual Incentive Pay ................................................................................ 7
6.16.1 Classifications Eligible for Bilingual Incentive Pay ....................... 7
6.16.2 Current Languages in Effect ............................................................ 7
6.16.3 Testing and Compensation .............................................................. 7
6.16.4 Translating ....................................................................................... 7
7. Health and Welfare Plans ....................................................................................... 8
7.1 Medical Insurance ........................................................................................ 8
7.1.1 Available Plans ................................................................................ 8
7.1.2 Employee HMO Medical Premium Cost ........................................ 8
7.1.3 Non-HMO Medical Plan Premium Cost ......................................... 8
7.1.4 Effective Date of Coverage ............................................................ 8
7.2 Dental Insurance ........................................................................................... 8
7.2.1 Core Dental Plan.............................................................................. 8
7.2.2 Calendar Year Maximum ................................................................ 8
7.2.3 Orthodontia ...................................................................................... 8
7.2.4 Payment of Premium Costs ............................................................. 8
7.2.5 Effective Date of Coverage ............................................................. 8
7.2.6 Buy-Up Dental Plan ........................................................................ 9
7.3 Vision Insurance ........................................................................................... 9
7.3.1 Available Plan ................................................................................. 9
7.3.2 Payment of Premium Costs ............................................................. 9
7.3.3 Effective Date of Coverage ............................................................. 9
7.4 Discretionary Benefit Option ....................................................................... 9
7.4.1 Proof of Alternate Insurance ........................................................... 9
7.4.2 Exercising the Option ...................................................................... 9
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page iii
Article Title Page
7.5 Life Insurance and Accidental Death and Dismemberment Insurance ........ 9
7.5.1 Term Life Value .............................................................................. 9
7.5.2 AD&D Value ................................................................................... 9
7.5.3 Payment of Premium Costs ............................................................. 9
7.5.4 Effective Date of Coverage ............................................................. 9
7.5.5 Supplemental Life Insurance ........................................................... 10
7.6 Disability Insurance Program ....................................................................... 10
7.6.1 Short-term Disability ....................................................................... 10
7.6.2 Long-term Disability ....................................................................... 10
7.6.3 Payment of Premium Costs ............................................................. 10
7.6.4 Effective Date of Coverage ............................................................. 10
7.7 Education Expense Reimbursement Program .............................................. 10
7.7.1 Continuing Education Expenses ..................................................... 10
7.8 Section 125 Plan ........................................................................................... 10
7.8.1 Group Insurance Premium Plan ...................................................... 10
7.8.2 Health Care Reimbursement ............................................................ 10
7.8.3 Dependent Care Reimbursement ..................................................... 10
7.9 Section 457 Deferred Compensation Plan .................................................... 10
7.10 Deceased Employee/Retiree Benefits........................................................... 11
7.11 Retired Employee Benefits ........................................................................... 11
7.11.1 Group Medical Insurance for Qualifying Retirees .......................... 11
7.11.2 Alternate Retiree Medical Plan (“GASB”)...................................... 11
7.11.3 Group Dental Insurance for Qualifying Retirees ............................. 11
7.11.4 Group Vision Insurance for Qualifying Retirees ............................. 11
7.12 Retirement Plans ........................................................................................... 12
7.12.1 Employee Contributions to the Retirement System ........................ 12
7.12.2 Sick Leave Service Credit ............................................................... 12
7.12.3 Optional Provisions Added.............................................................. 12
7.13 Retirement Health Savings Plan ................................................................... 12
8. Hours of Work and Overtime ................................................................................. 13
8.1 Definitions .................................................................................................... 13
8.1.1 Continuous Operations .................................................................... 13
8.1.2 Non-continuous Operations ............................................................. 13
8.2 Workday ....................................................................................................... 13
8.2.1 Eight-hour Schedule ........................................................................ 13
8.2.2 Nine-hour Schedule ......................................................................... 13
8.2.3 Paid Lunch Break ............................................................................ 13
8.2.3.1 Unscheduled Overtime...................................................... 13
8.2.4 Twelve-hour Schedule ..................................................................... 13
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page iv
Article Title Page
8.3 Rest Periods .................................................................................................. 13
8.4 FLSA Work Periods ..................................................................................... 13
8.4.1 Standard FLSA Work Period........................................................... 13
8.4.2 Continuous Operations FLSA Work Period .................................... 13
8.4.2.1 Day Shift Operations ......................................................... 14
8.4.2.2 Night Shift Operations ...................................................... 14
8.5 Workweek Schedules ................................................................................... 14
8.5.1 Non-continuous Operations Eight-hour Schedule ........................... 14
8.5.2 Non-continuous Operations 9/80 Schedule ..................................... 14
8.5.3 Continuous Operations Twelve-hour Schedule............................... 14
8.6 Work Schedule ............................................................................................. 14
8.7 Changes in Work Hours/Schedules .............................................................. 14
8.8 Overtime ....................................................................................................... 14
8.9 Scheduled Overtime ..................................................................................... 14
8.10 Compensatory Time ..................................................................................... 14
8.10.1 Maximum Compensatory Time ...................................................... 14
8.10.2 Compensatory Time Accrual .......................................................... 14
8.10.3 Payoff of Compensatory Time ....................................................... 15
8.11 Call Back Compensation .............................................................................. 15
8.11.1 Workday Call-back ......................................................................... 15
8.11.2 Non-workday Call-back ................................................................. 15
9. Holidays .................................................................................................................. 15
9.1 Observed Holidays ....................................................................................... 15
9.2 Half-day Holidays ........................................................................................ 15
9.3 Discretionary Holiday .................................................................................. 15
9.4 “E” Time in Lieu of Holiday Pay ................................................................. 15
9.5 Work Performed on a Holiday ..................................................................... 16
9.6 Holiday Pay for Non-continuous Operations ............................................... 16
9.7 Shift Holiday Pay for Continuous Operations.............................................. 16
9.8 Absent on Holidays ...................................................................................... 16
9.9 Actual Holiday Staffing ............................................................................... 16
9.10 Holidays on a Weekend................................................................................ 16
9.11 Holiday Start Time ....................................................................................... 16
Vacation Leave ....................................................................................................... 16
10. 10.1 Vacation Leave ............................................................................................. 16
10.2 Vacation Accumulation ................................................................................ 17
10.3 Scheduling .................................................................................................... 17
10.4 Vacation Cash-out ........................................................................................ 17
10.5 Payout upon Separation from City Service ................................................. 17
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page v
Article Title Page
11. Other Leaves ........................................................................................................... 17
11.1 Sick Leave .................................................................................................... 17
11.1.1 Determination .................................................................................. 17
11.1.2 Amount of Sick Leave ..................................................................... 17
11.1.3 Sick Leave Request ......................................................................... 17
11.1.4 Approval of Sick Leave Request ..................................................... 18
11.1.4.1 Notification ..................................................................... 18
11.1.4.2 Verification of Injury or Illness ...................................... 18
11.1.4.2.1 Usual Verification ............................................... 18
11.1.4.2.2 Doctor’s Verification .......................................... 18
11.2 Payment of Unused Accumulated Sick Leave Accrued ............................... 18
11.3 Sick Leave Management Policy ................................................................... 18
11.4 Industrial Injury or Illness Leave ................................................................. 18
11.5 Disability Insurance Program ....................................................................... 19
11.5.1 Application for Benefits .................................................................. 19
11.5.2 City Determination .......................................................................... 19
11.5.2.1 Determination of Employee Disability ........................... 19
11.5.2.2 Medical Prognosis ........................................................... 19
11.5.2.3 Permanent and Stationary Determination ....................... 19
11.5.2.4 Temporary Determination ............................................... 19
11.5.2.5 Permanent and Stationary Determination ....................... 20
11.5.2.6 Accrued Vacation Payment ............................................. 20
11.5.2.7 Insurance Premium Payment .......................................... 20
11.6 Light-duty Program ...................................................................................... 20
11.6.1 Coverage .......................................................................................... 20
11.6.2 Determination Required Reports ..................................................... 20
11.6.2.1 Assignments .................................................................... 20
11.6.2.2 Medical Updates ............................................................. 20
11.6.3 Light-duty Assignment, Definitions and Restrictions .................... 21
11.6.4 Holidays/Vacations During Light-duty Assignments .................... 21
11.6.4.1 Holidays Observed .......................................................... 21
11.6.4.2 Vacations ......................................................................... 21
11.6.5 Return to Full Duty ......................................................................... 22
11.7 Protected Sick Leave .................................................................................... 22
11.7.1 Leave Amount ................................................................................ 22
11.7.2 Concurrent Use of Leave ................................................................ 22
11.7.3 Notification Procedures .................................................................. 22
11.8 Bereavement Leave ...................................................................................... 22
11.8.1 Within California ............................................................................ 22
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page vi
Article Title Page
11.8.2 Outside of California ....................................................................... 22
11.8.3 Definition of Immediate Family for Bereavement Leave Purposes 22
11.9 Leave of Absence ......................................................................................... 23
11.9.1 Expiration of Leave of Absence ..................................................... 23
11.9.2 Failing to Return from Leave ......................................................... 23
11.10 Pregnancy-related Disability Leave ............................................................. 23
11.10.1 Temporary Transfer ........................................................................ 23
11.10.2 Physical Examination ..................................................................... 23
11.10.3 Leave Utilization ............................................................................ 23
11.10.4 Returning from Leave ..................................................................... 23
11.11 Paternity Leave ............................................................................................. 24
11.12 Military Leave .............................................................................................. 24
11.13 Jury Duty ...................................................................................................... 24
12. Automatic Progression ........................................................................................... 24
12.1 Plant Operators ............................................................................................. 24
12.1.1 Treatment Plant Operator I to II ...................................................... 24
12.1.2 Certification a Condition of Continued Employment ..................... 24
12.1.2.1 Grade II Operators .......................................................... 24
12.1.2.2 Grade III Operators ......................................................... 24
12.1.2.3 Maintenance of Required Certification ........................... 24
12.1.2.4 New Plant Operators Hired After 1/1/03 ........................ 25
12.2 Mechanic and Electrical Staff ...................................................................... 25
12.3 Environmental Compliance .......................................................................... 25
13. Apprenticeship ........................................................................................................ 26
14. Personnel Practices ................................................................................................. 26
14.1 Probationary Periods .................................................................................... 26
14.1.1 Duration ........................................................................................... 26
14.1.2 Rejection .......................................................................................... 26
14.1.3 Promotional Probation ..................................................................... 26
14.1.4 Probation after Transfer ................................................................... 26
14.1.5 Probation after Return from Layoff ................................................. 26
14.2 Transfer ........................................................................................................ 26
14.3 Promotion ..................................................................................................... 26
14.4 Employment Lists ......................................................................................... 27
14.5 Removal of Names from Employment Lists ................................................ 27
14.6 Time Off for Examinations .......................................................................... 27
14.7 Resignation and Reinstatement .................................................................... 27
14.7.1 Resignation ...................................................................................... 27
14.7.2 Reinstatement .................................................................................. 27
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page vii
Article Title Page
15. Reduction-in-Force, Layoffs, and Re-employment ................................................ 27
15.1 Council Determination ................................................................................. 27
15.2 Seniority ....................................................................................................... 28
15.3 Order of Layoff ............................................................................................ 28
15.4 Identical City Service Seniority ................................................................... 28
15.5 Layoff Notification ....................................................................................... 28
15.6 Reassignment in Lieu of Layoff ................................................................... 28
15.6.1 Vacant Positions in City .................................................................. 28
15.6.2 Former Classification ...................................................................... 28
15.6.3 Displacement ................................................................................... 28
15.6.4 Step Classification ........................................................................... 28
15.6.5 Employee Requests ......................................................................... 29
15.7 Layoffs .......................................................................................................... 29
15.7.1 Exercising Rights............................................................................. 29
15.7.2 Accrued Leaves ............................................................................... 29
15.8 Layoff Re-employment and Reinstatement Lists ......................................... 29
15.8.1 Reduction in Force Reclassification or Demotion ........................... 29
15.8.2 Reduction in Force Re-employment List ........................................ 29
15.8.3 Duration and Removal from Reinstatement/Re-employment Lists 29
15.8.4 Probationary Rehires ....................................................................... 29
16. Recreational Facilities and Classes ........................................................................ 30
16.1 Admission to Classes .................................................................................... 30
16.2 Use of Facilities ............................................................................................ 30
17. Safety ...................................................................................................................... 30
17.1 Observance of Safety Rules and Regulations .............................................. 30
17.2 Safety Program ............................................................................................. 30
17.3 Safety Equipment ......................................................................................... 30
17.4 Safety Shoes 30
18. Discipline ................................................................................................................ 30
18.1 Action by City .............................................................................................. 30
18.2 Notice of Disciplinary Action ...................................................................... 30
18.2.1 Notice .............................................................................................. 31
18.2.2 Appeal Rights .................................................................................. 31
18.2.3 Probationary Discharge ................................................................... 31
19. Grievance Procedure .............................................................................................. 31
19.1 Definition of Grievance ................................................................................ 31
19.2 Time for Filing ............................................................................................. 31
19.3 Informal Discussion with Employee’s Supervisor – Step 1 ......................... 32
19.4 Formal Written Grievance – Step 2.............................................................. 32
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page viii
Article Title Page
19.5 Grievance to Department Head – Step 3 ...................................................... 32
19.6 Waiver of Supervisory Review .................................................................... 32
19.7 Informal Review by City Manager – Step 4 ................................................ 32
19.8 Arbitration of Grievance – Step 5 ................................................................ 32
19.9 Selection of Arbitrator .................................................................................. 32
19.10 Duty of Arbitrator......................................................................................... 32
19.11 Power of the Arbitrator ................................................................................ 33
19.12 Payment of Costs .......................................................................................... 33
19.13 Effect of Failure of Timely Action ............................................................... 33
20. Past Practices and Existing Memoranda of Understanding .................................... 33
20.1 Working Conditions ..................................................................................... 33
20.2 Prior Agreements.......................................................................................... 33
20.3 Changes ........................................................................................................ 33
21. Employees Covered ................................................................................................ 33
22. Severability ............................................................................................................. 33
23. Term of the Memorandum of Understanding ......................................................... 34
24. Signatures ............................................................................................................... 34
Appendix A Operating Engineers, Local 39 Classifications .................................. 36
Appendix B Certification Premiums ...................................................................... 37
Appendix C Stand-by Pay and Flexible Work Schedules for Non-shift
Employees ..............................................................................................................
38
Appendix D Limited Term Employees Pilot Program ........................................... 39
Exhibit A
Memorandum of Understanding
Between the
City of South San Francisco
and the
International Union of Operating Engineers,
Stationary Engineers Local 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 Operating Engineers, Stationary Engineers
Local 39, AFL-CIO, hereafter designated as “Union” as a mutual agreement for those wages,
hours, and conditions of employment in effect during the period of July 1, 2022 through June 30,
2025.
Article 1. Recognition
International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO is
recognized as the majority representative, as provided in City’s Resolution 135-79 adopted
12/4/79, for all full-time regular employees in the classifications assigned to Unit D as identified
in Appendix A of this Agreement.
Article 2. Union Dues and Membership
2.1 Membership—The parties to this Memorandum of Understanding mutually
understand and agree that each employee represented by the bargaining unit has the
right to join or not join the Union. If a bargaining unit member elects to join the
Union, the employee shall provide authorization to the Union for membership dues.
2.2 Dues —
2.2.1 Payroll Deductions—The City shall withhold Union dues and/or initiation fees
from the salary of an employee and remit withholdings to the Union, provided that
the Union certifies in writing to the City that the Union has and will maintain each
employee’s voluntary authorization for such deductions.
2.2.2 Deductions During Absences—When an employee is in an unpaid status for
full pay period, no dues withholding will be made for that period. If an
employee is in an unpaid status for only part of a pay period, dues shall be
withheld unless the employee’s net pay after all legal and required deductions
(including taxes, pension, and insurance contributions) is not sufficient to cover
the full dues amount.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 2
2.2.3 Invalidated Dues—If this article is held to be invalid under state or federal law,
then all of this article shall be null and void and subject to re -negotiation. The
Severability article in this Agreement shall govern all other provisions of this
article.
2.2.4 Hold Harmless—The Union agrees to indemnify and hold harmless the City and
all officials, employees, and agents acting on its behalf, from any and all claims,
actions, damages, costs of expenses including all attorney fees and costs of the
defense in actions against the City, its officials, employees, or agents arising out of
the City’s compliance with this article.
2.2.5 Deduction Forms—Sign-up forms for union dues shall be provided by the Union.
2.3 Notification of New Employees—The City shall notify the Union of the name,
classification, and date of hire of each new employee covered by this memorandum. The
City agrees to make a good faith effort to advise the Union within 10 business days of a
new hire. In accordance with State law, the City shall provide an electronic list of new
employees to the Union no later than 30 calendar days from the date of hire containing the
following employee information:
• Full name
• job title
• department
• work location
• work, home, and personal cellular telephone numbers (if available)
• personal email addresses (if available)
• home and/or mailing addresses
Employee work location, home and mailing addresses, personal phone numbers, and
personal email addresses provided by the City shall be maintained as confidential by the
Union. The Union shall take all reasonable steps to ensure the security of personal
information, and shall not disclose or otherwise make them available to any outside person,
entity or organization.
2.4 New Hire Orientation— The City shall notify new employees represented by Local 39
that Local 39 is the recognized employee organization for the employee's classification.
Within thirty (30) days of hire into the Local 39 bargaining unit, the Union shall have
the opportunity to make a 30-minute presentation to each new employee. The City shall
notify the Union of a new hire at the earliest opportunity but no later than ten (10)
calendar days in advance of the employee's new hire orientation. In cases where there
is an urgent, unforeseeable need to schedule a new hire orientation less than ten (10)
calendar days in advance, the City shall notify the Union within one business day.
2.4.1 Release time for New Hire Orientation - The City shall provide thirty (30)
minutes of City-paid release time for a Union Steward selected by the Union
to make a presentation on the Union's behalf to a new employee. Release time
must be requested at least five (5) calendar days in advance, and only one
Steward per new hire shall receive release time for this purpose.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 3
2.5 Communication with 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.
2.6 Advance Notice—Except as provided below, the Union shall be given reasonable advance
written notice, if affected, of any ordinance, resolution, rule, or regulation proposed to be
adopted by the City directly relating to matters within the scope of representation. The
Union shall be given the opportunity to meet and consult with appropriate management
representatives prior to the adoption. Proper advance notice shall consist of written notice
to the designated business agent. If public safety, public welfare, or an emergency arises
that requires any of the above actions to be taken by the City without notice to the Union,
the City may take the action while concurrently giving notice that affords the Union a
reasonable time in which to meet with management representatives.
2.7 Copies of Memorandum of Understanding—The City shall post the Agreement on the
City’s web site.
Article 3. Management Rights
To ensure 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 that are solely a function of management. This is 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 layoff
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, the
processes, and the materials to be employed; and to take all necessary actions to perform its
functions in emergencies.
Article 4. No Discrimination
There shall be no discrimination because of legitimate union activities as defined by Meyers-
Milias-Brown Act, against any employee by the Union, by the City, or by anyone employed by
the City.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 4
Article 5. Union Stewards and Official Representatives
5.1. Union 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
reasonable amount of time for this purpose. The Union shall notify the Personnel officer
in writing of the names of the stewards.
5.2. Permission to Leave Workstations—Stewards shall obtain permission from their
supervisor before leaving their workstations to assist a grievant and shall report back to
their supervisor before returning to their workstations. 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.
5.3. Abuse of this Article—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 ensure full compliance by Stewards with the
provisions of this subsection.
5.4. Representation for Disciplinary Action—Whenever an employee is required to meet with
a supervisor or management official and the employee reasonably anticipates that such
meeting will involve questioning leading to disciplinary action, the employee shall be
entitled to have a steward and/or Union representative present upon request. In the event
the employee desires the presence of a Union representative, the City will contact the
representative and arrange a mutually acceptable time and day to hold the meeting. Except
in instances where immediate disciplinary action is necessary, once scheduled, the City
shall consider reasonable requests to move the meeting date forward by up to 5-working
days for the convenience of the Union representative.
5.5. Union Representatives—The Union shall provide the City with a written list of not more
than 2 individuals who are 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 this Agreement is being observed. This right shall be
exercised reasonably. An authorized representative of the Union shall report to the
department and/or division head before proceeding to the work location. The
representative shall not interfere with the normal conduct of work. Activities, such as the
soliciting membership, collecting dues, holding membership meetings, campaigning for
office, conducting elections, and distributing literature are strictly prohibited during
working hours without prior approval of the appointing authority.
5.6. 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 personnel
file upon request, in accordance with applicable law.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 5
Article 6. Salaries and Other Compensation
6.1 Definitions—
6.1.1 Base Pay—Base pay is the rate of compensation paid for a specified classification
of employment, excluding any other payments.
6.1.2 Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay
and incentive pay such as longevity, education, and special assignment pay.
Enhanced pay does not include acting pay or other temporary assignment pay. Each
incentive pay will be computed on base pay. The sum of the base pay plus each
incentive is the enhanced rate of pay.
6.2 Wage Rates—All members of the bargaining unit shall receive across-the-board base pay
adjustments in the amounts and with the effective dates as follows:
• Effective the first full pay period in July 2022, or the first full pay period following
the adoption of the MOU by Council, whichever is later: five percent (5%).
• Effective the first full pay period of July 2023: three percent (3%).
• Effective the first full pay period of July 2024: three percent (3%).
There will be no retroactive across-the-board base pay adjustments.
6.2.1 Market Adjustments—
• Effective the first full pay period in July 2022, or the first full pay period following
the adoption of the MOU by Council, whichever is later, the salary for the
Laboratory Chemist and Senior Laboratory Chemist classifications will be
increased by 3.75%.
• Effective the first full pay period in July 2022, or the first full pay period following
the adoption of the MOU by Council, whichever is later, the salary for the Plant
Electrician I and Plant Electrician II classifications will be increased by 1.9%.
6.3 Apprentice Wage Rates—
Apprentice Plant Operators and Apprentice Plant Mechanics shall be paid no less than the
following percentages of the top step (Step 5) of the current journey level (Plant Operator
II or Plant Mechanic 11) base rate of pay.
1st 12-month period..... 65% 6th 6-month period. .. . 85%
3rd 6-month period....... 70% 7th 6-month period... . 90%
4th 6-month period....... 75% 8th 6-month period.... 95%
5th 6-month period....... 80% 9th 6-month period....
Thereafter, at Step 5 of the Plant Operator II or Plant Mechanic II base rate of pay
depending upon whether the Apprentice has turned out as a Plant Operator or Plant
Mechanic.
6.4 Premium Pay for Grade Certification—Employees who possess valid certificates shall be
compensated at higher rates pursuant to Appendix B. These Certification Premiums are
effective upon adoption of this contract extension by all parties.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 6
6.5 Longevity Pay Plan for Employees Hired Prior to July 1, 2012—Permanent full-time
employees hired prior to July 1, 2012 shall be eligible for longevity pay in accordance with
the following schedule:
6.5.1 Fifteen Years of Service—After 15-full years of regular service, 1.5% will be added
to the employee’s base rate of pay.
6.5.2 Twenty Years of Service—After 20-full years of regular service, in addition to
above, another 1.0% will be added to the employee’s base rate of pay.
Longevity pay is not available for employees hired on or after July 1, 2012.
6.6 Shift Differential—Employees assigned to work the night shift (6:00 p.m. to 6:00 a.m.)
shall receive an additional 6% of base pay for all hours worked during these periods. Shift
differential compensation is not paid to employees during approved leaves (i.e., sick,
vacation, injury, paid family care, family medical leave, etc.).
6.7 Like-Work for Like-Pay (Temporary Upgrading)—An employee assigned by the City to
the duties of a first-line supervisor or above shall be paid the salary of the position
commencing with the first day of the assignment. First-line supervisory employees and
above, assigned to higher classification duties shall not be paid the salary of the higher
classification unless the employee serves in that capacity for 30-consecutive calendar days
or more. If this occurs, the employee shall receive the pay of the higher classification
commencing with the first day of the 30-day service in the higher classification.
6.8 Temporary Assignment to Higher-level Classification—Except for first-line supervisory
classifications and above that are governed by the provisions of Like Work for Like Pay as
outlined above, an employee who is assigned and performs the duties of a higher
classification for a period of 3 or more hours, shall receive additional compensation for
each hour so assigned at the rate of pay for which the employee would qualify had the
employee been promoted to the higher-level classification.
6.9 Salary Plan Administration and Advancement Within Salary Rates—Employees appointed
at the first step of the salary range shall be eligible for advancement to the second step of
the specific salary range 6 months after original appointment, provided that the employee’s
performance merits the increase. Advancement to the remaining steps may be made after
1 year of satisfactory service at each successive salary step, provided that the employee’s
performance merits the increase.
6.10 Revisions to the Salary Schedule—Changes in an employee’s salary because of promotion
or demotion may set a revised salary date for that employee. Whenever the salary schedule
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.
6.10.1 Salary Plan Administration and Salary Step After Promotion—When employees
are promoted, they shall receive not less than the equivalent of a one-step, 5%
salary increase.
6.10.2 Salary Plan Administration and Salary Step After Demotion—When an employee
has a voluntary or involuntary demotion, the employee’s compensation shall be
adjusted to the salary for the classification to which the employee is demoted.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 7
Unless otherwise provided, the appointing authority shall determine the specific
rate of pay. However, an employee demoted as a result of an abolished position
shall be placed at the step in the lower classification that 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 classifications. If the classifications
are not within the same series, the employee shall be placed at the same step in the
lower classification the employee last held. The service time at such step shall be
the same as the service time held previously at such step.
6.11 Salary Plan and Pay periods—Employees shall be paid biweekly, unless mutually agreed
to by the City and the Union.
6.12 Certification Reimbursement—
6.12.1 Mandatory Certification—The City will reimburse employees for all fees
associated with the successful completion of any certifications that are required as
a condition of employment.
6.12.2 Voluntary Certification—The City will reimburse employees for all reasonable fees
associated with the maintenance of elective professional certifications deemed to
be pertinent to the employee’s classification by plant management.
6.13 Contracting Work—At such times that the regular workload may preclude the use of
existing staff to undertake special or emergency maintenance projects, Management will
provide notice to the Union and an opportunity to meet and confer prior to the contracting
out of Unit work. Plant employees have been and will continue to be offered overtime
opportunities as they arise. Management is responsible for monitoring the backlog of work
to ensure that staff resources are not overburdened.
6.14 Committee Review—Provide for a small labor management committee to review
compensation agencies and comparison data each year prior to survey being conducted.
6.15 Uniforms—. Except for employees who are New Members as defined by PEPRA, the
monetary value for the purchase of uniforms and maintenance through the City-contracted
uniform company is reportable to CalPERS as special compensation. This excludes items
that are for personal health and safety such as protective garments and safety shoes.
6.16 Bilingual Incentive Pay ––
6.16.1 Classifications Eligible for Bilingual Incentive Pay –––Positions eligible for
bilingual incentive pay must be those that have regular contact with the public.
Those classifications that are eligible for bilingual incentive pay are identified
below and include any title changes that may occur during the life of this agreement.
• Environmental Compliance Inspector
6.16.2 Current Languages in Effect–To be eligible to participate in this program,
employees must speak a second language used by a significant proportion of the
South San Francisco population. For the duration of this agreement, the following
languages shall qualify for an employee to receive the Bilingual Incentive Pay
under this section.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 8
• Spanish
• Tagalog
• Mandarin
• Cantonese
• American Sign Language
6.17.3 Testing and Compensation–– An employee who has tested, using the City’s
standard bilingual testing procedures and demonstrating to the department head’s
satisfaction, proficiency in speaking a second language, shall be compensated at a
rate 2.5% higher than the employee’s base hourly rate of pay. Such compensation
shall commence the next pay period after the employee has passed a qualifying
examination, as determined by the City, demonstrating proficiency in the language.
6.17.4 Translating– Employees who have met the criteria and are compensated for
bilingual incentive pay must use those skills whenever the need arises. Employees
may be asked to assist an individual who is doing business with the City at
worksites other than their primary work location.
Article 7. Health and Welfare Plans
All full-time regular employees shall be eligible to receive insurance benefits, subject to the terms
and conditions of the City’s contracts with health insurance providers, as follows:
7.1 Medical Insurance—
7.1.1 Available Plans—Eligible employees shall be permitted to select medical insurance
coverage for themselves and their eligible dependents from one of the available
medical plans the City has with the carriers, subject to the terms and conditions of
the City’s contract with the providers:
• Kaiser Permanente
• Blue Shield of California.
7.1.2 Employee HMO Medical Premium Cost—All employees on the City’s medical
plans shall contribute an amount equal to 10% of the HMO premium cost based on
plan choice and category of coverage (single, two, family).
7.1.3 Non-HMO Medical Plan Premium Cost—In addition, employees who opt for a
more expensive plan than the HMO plans pay the difference between the HMO rate
and the premium rate for their selected plan based on provider and coverage size
(single, two, family).
7.1.4 Effective Date of Coverage—The effective date of medical insurance shall be the
first of the month following the date of hire, provided the employee properly
submits a completed enrollment form within 31 days of the eligibility date.
Coverage shall terminate at 12:00 midnight on the last day of the month in which
the employee is on paid status prior to separation from employment with the City,
and dependent coverage shall terminate on the date prescribed by each medical
insurance provider’s contract.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 9
7.2 Dental Insurance—
7.2.1 Core Dental Plan—Eligible employees and their dependents shall be provided
dental insurance, subject to the terms and conditions of the City’s contract with the
provider.
7.2.2 Calendar Year Maximum—The maximum annual benefit is $1,500.
7.2.3 Orthodontia—The lifetime orthodontia coverage is $1,000 for eligible dependents.
7.2.4 Payment of Premium Costs—The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider for the basic plan per
7.2.2 and 7.2.3.
7.2.5 Effective Date of Coverage—Coverage is effective on the first day of the month
following completion of 6-full-months of employment with the City, provided the
employee properly submits a completed enrollment form within 31 days of the
eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the
month in which the employee is on paid status prior to separation from employment
with the City, and dependent coverage shall terminate on the date prescribed by the
provider’s contract.
7.2.6 Buy-Up Dental Plan—Subject to the terms and conditions of the City’s contract
with the provider, employees may participate in an enhanced dental plan by paying
the additional coverage costs over the core dental plan.
7.3 Vision Insurance—
7.3.1 Available Plan—Eligible employees and their dependents shall be provided vision
insurance with tints coverage, subject to the terms and conditions of the City’s
contract with the provider.
7.3.2 Payment of Premium Costs—The City shall pay the premium costs for eligible
employees and their dependents to the insurance provider.
7.3.3 Effective Date of Coverage—Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate at 12:00 midnight on the last day
of the month in which the employee is on paid status prior to separation from
employment with the City.
7.4 Discretionary Benefit Option— An employee may elect to receive $550 per month in lieu
of medical, dental, and vision benefits through the City. This payment shall be made as a
contribution to the employee’s Medical After Retirement Account (MARA).
7.4.1 Proof of Alternate Insurance—The employee must provide proof of alternate
minimum essential coverage for the employee and the employee’s tax family from
another source, other than coverage through Covered California.
7.4.2 Exercising the Option—Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human Resources
Department. Employees may change the discretionary benefit option once each
year during the open enrollment period for medical plans, or at another time during
the year provided the employee has a qualifying event and submits requisite
paperwork within 30 days of the qualifying event.
7.5 Life Insurance and Accidental Death and Dismemberment Insurance—
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 10
7.5.1 Term Life Value—Subject to the terms and conditions of the City’s contract with
the provider, the Term Life Insurance for employees has a face value of $50,000.
7.5.2 AD&D Value—Subject to the terms and conditions of the City’s contract with the
provider, Accidental Death and Dismemberment Insurance available for employees
has a face value of $50,000.
7.5.3 Payment of Premium Costs—The City shall pay the premium costs for eligible
employees to the insurance provider.
7.5.4 Effective Date of Coverage—Coverage is effective on the first day of the month
following date of hire. Coverage shall terminate on the date the employee ceases
to be an employee of the City.
7.5.5 Supplemental Life Insurance—Subject to the terms and conditions of the City’s
contract with the provider, employees may purchase supplemental life insurance at
their own cost through the City’s life insurance plan.
7.6 Disability Insurance Program—Subject to the terms and conditions of the City’s contract
with the provider, full-time employees shall be provided Short-term Disability (STD) and
Long-term Disability (LTD) insurance. If an eligible and covered employee becomes
disabled while insured, the provider will pay benefits according to the terms of the group
policy after receipt of satisfactory proof of loss.
7.6.1 Short-term Disability—After a 20-day waiting period, an eligible employee may
receive 66-2/3% of pre-disability earnings, reduced by any deductible income as
determined by the insurance carrier, up to a maximum monthly amount, until LTD
benefits begins.
7.6.2 Long-term Disability—After a 90-day waiting period, an eligible employee may
receive 66-2/3% of pre-disability earnings, reduced by any deductible income as
determined by the insurance carrier, up to a maximum monthly amount.
7.6.3 Payment of Premium Costs—The City shall pay the premium costs for medical,
dental, vision, and life insurance for eligible employees to the insurance providers.
7.6.4 Effective Date of Coverage—Coverage is effective the first day of the calendar
month following the date of hire. Coverage ends on the date employment
terminates.
7.6.5 Paid Family Leave—During the first year of the term of the MOU, the City shall
implement a paid family leave benefit to provide partial wage replacement for up
to eight (8) weeks for the purposes of caring for a seriously ill family member,
bonding with a newly born child, adopted child, or fostered child, or to attend to a
qualifying exigency related to covered active duty of a family member. The Paid
Family Leave benefit calculation shall be equivalent to that of the California State
EDD benefit.
7.7 Education Expense Reimbursement Program—All employees are eligible to participate in
this program. With approval by the department head, an employee who takes a course at
an accredited educational institution shall be eligible to receive reimbursement of 50%, for
the costs of tuition, fees, and course materials, not to exceed $2,000 per fiscal year.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 11
7.7.1 Continuing Education Expenses—The City will provide such training and
continued education as is necessary to meet the certification renewal requirements
for all job-related employee certifications. Such expenses shall be paid by the City
or reimbursed to the employee, who has provided appropriate acceptable
documentation.
7.8 Section 125 Plan—Based on the terms and conditions of the City’s plan, each employee
may participate in the IRS-defined section 125 plan.
7.8.1 Group Insurance Premium Plan: This program allows employees to pay their
portion of insurance premiums with pre-tax dollars.
7.8.2 Health Care Reimbursement—This program is available for out-of-pocket
unreimbursed health care expenses as allowed under the Plan. The current annual
plan maximum is $2,500.
7.8.3 Dependent Care Reimbursement—This program is available for out-of-pocket
unreimbursed dependent care expenses as allowed under the Plan. The current
annual plan maximum is $5,000.
7.9 Section 457 Deferred Compensation Plan—Employees are eligible, subject to the terms
and conditions thereof, to participate in the Deferred Compensation Plans available to City
employees.
7.10 Deceased Employee/Retiree Benefits—The City will allow the spouse of a deceased
employee/retiree and existing covered dependents to continue to purchase health insurance
from a City-provided medical, dental, or vision plan at the City’s premium rate, provided:
• There is no cost to the City.
• The health provider does not require a City contribution.
• The City is held harmless if the coverage is discontinued.
7.11 Retired Employee Benefits—.
7.11.1 Group Medical Insurance for Qualifying Retirees—An employee who was hired
prior to the adoption of an alternate retiree medical plan by all City bargaining units
similar to the plan described in Section 7.11.2 may elect to continue his or her City
sponsored medical insurance if the employee is enrolled in the City's group medical
plan and retires concurrently with CalPERS and the City. In order to be eligible for
this benefit, the employee must have five years of continuous City employment at
the time of his or her retirement. The monthly premium that the City will make for
retiree medical insurance pursuant to this provision equals the monthly monetary
contribution that the City makes for single retiree medical HMO coverage. Retirees
will be required to pay any additional costs in order to receive retiree medical
benefits. An eligible retiree may also elect to continue dependent coverage provided
that the retiree bears the full premium costs for any eligible dependents. Former
part-time employees eligible for this benefit will receive a pro-rated retiree medical
contribution based on the average budgeted hours of their former position during
their final two years of City service. A retiree must continually receive a CalPERS
retirement allowance in order to remain eligible to receive retiree medical insurance
contributions. Any retiree that unretires from CalPERS and returns to active service
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 12
with a CalPERS covered agency will permanently forfeit their eligibility for retiree
medical benefits pursuant to this provision.
7.11.2 Alternate Retiree Medical Plan (“GASB Language”)—An employee who was
hired after the adoption of an alternate retiree medical plan by all City bargaining
units will not be eligible to participate in the Retiree Medical Insurance program
described in 7.11.1. Instead, the City will contribute one and one-half percent
(1.5%) of such an employee’s base salary toward a Medical after Retirement
Savings Account (e.g. VEBA or similar City-sponsored plan).
7.11.3 Group Dental Insurance for Qualifying Retirees—An employee may elect to
continue his or her City sponsored dental insurance if the employee is enrolled
in the City's group dental plan and retires concurrently with CalPERS and the
City. In order to be eligible for this benefit, the employee must have five years of
continuous City employment at the time of his or her retirement. The retiree bears
the full premium costs for himself/herself and any eligible dependents and will be
completely responsible for these payments and for continuing dental coverage.
7.11.4 Group Vision Insurance for Qualifying Retirees—An employee may elect to
continue his or her City sponsored vision insurance if the employee is enrolled
in the City's group vision plan and retires concurrently with CalPERS and the
City. In order to be eligible for this benefit, the employee must have five years of
continuous City employment at the time of his or her retirement. The retiree bears
the full premium costs for himself/herself and any eligible dependents and will be
completely responsible for these payments and for continuing vision coverage.
7.12 Retirement Plans—
The benefit contract in effect between the City and the Public Employees' Retirement
System (PERS) on behalf of eligible employees of this Unit shall be continued during the
term of this Agreement. Retirement benefits shall be those established for miscellaneous
employees by the Federal Social Security Act providing Old Age and Survivor's Insurance
and PERS Miscellaneous Employees as follows:
• Classic Employees:
o Classic Tier 1 (generally, employees hired on or before April 24, 2010)
– 2.7% at 55 Plan with one-year final compensation.
o Classic Tier 2 (generally, employees hired after April 24, 2010 and
before January 1, 2013) – 2% at age 60 with three-year final
compensation.
• New Employees:
o PEPRA New Members as defined by CalPERS (generally, CalPERS
membership date of January 1, 2013 or later) – 2% at Age 62 Plan with
three-year final compensation.
7.12.1 Employee Contributions to Retirement System— The rate prescribed by PERS for
employee contributions shall be deducted from the pay by the City and forwarded
to PERS in accordance with the rules and regulations governing such employee
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 13
contributions. This amount is 8% of base salary for Miscellaneous Employees as
prescribed by PERS for employees with 2.7% at age 55 retirement benefit, 7% of
salary for Miscellaneous employees with 2% at age 60 retirement benefit, and 50%
of the actuarial determined normal cost for employees at 2% at Age 62 retirement
benefit. The remainder of any rate, which may be subsequently prescribed by PERS
for employee contributions, shall be deducted from employees' pay by the City and
forwarded to PERS in accordance with the rules and regulations governing such
contributions.
7.12.2 Sick Leave Service Credit—Sick Leave accrued but not used and not paid based on
the terms of this Agreement at the time of an employee’s concurrent retirement
from City service and PERS shall be reported to PERS for the sick leave service
credit provision.
7.12.3 Optional Provisions Added—An employee who has served in the military may be
eligible for Military Service Credit, as authorized by applicable law.
7.13 Retirement Health Savings (RHS) Plan—Operating Engineers Local 39 member
employees may participate in the RHS Plan to the extent permitted under the existing RHS
Plan policy.
Article 8. Hours of Work and Overtime
8.1 Definitions—
8.1.1 Continuous Operations—Positions that work continuous operation is defined as
positions that must be staffed 24-hours per day, 7 days per week, 52 weeks per year
(24/7).
8.1.2 Non-continuous Operations—Positions that work on a non-continuous basis is
defined as any position that does not require staffing 24-hours per day.
8.2 Workday—
8.2.1 Eight-hour Schedule—Eight (8) consecutive hours of work shall constitute a
regular work shift for those non-continuous operations staff except that it may be
interrupted by a 30 minute paid lunch break. All employees shall be scheduled to
work on a regular work shift, and each work shift shall have regular starting and
quitting times.
8.2.2 Nine-hour Schedule—Nine (9)-consecutive hours of work shall constitute a regular
work shift for those non-continuous operations staff except that it may be
interrupted by a 30 minute paid lunch break. All employees shall be scheduled to
work on a regular work shift, and each work shift shall have regular starting and
quitting times.
8.2.3 Paid Lunch Break for Eight- and Nine-hour Schedule—The 30-minute paid lunch
break must be taken at a location where the staff must be immediately available for
a response and the employee must be on call for any questions or tasks required
during the lunch period.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 14
8.2.3.1 Unscheduled Overtime as a result of Paid Lunch Break—If the amount of
unscheduled overtime hours incurred by bargaining unit members results in
the need for overtime by 5 percent or more, management has the right to
examine the cause and make changes or eliminate paid lunches.
8.2.4 Twelve-hour Schedule—Twelve consecutive hours of work shall constitute a
regular work shift for those continuous operations staff except that it may be
interrupted by a paid lunch break. All employees shall be scheduled to work on a
regular work shift, and each work shift shall have regular starting and quitting
times.
8.3 Rest Periods—Employees shall be entitled to one 15-minute rest break during each 4 hours
of an assigned shift. Such rest breaks shall not be accumulative and shall be taken at a time
when the work schedule permits.
8.4 FLSA Work Periods—The work period under the Federal Labor Standards Act (FLSA) is
a period of 7 consecutive 24-hour periods. The City has established the beginning of the
work period as follows. Nothing in this provision is intended to affect the right of any
employee to overtime pursuant to the terms of this MOU.
8.4.1 Standard FLSA Work Period—The standard FLSA work period begins at 12:01 am
Friday and ends at 12:00 midnight the following Thursday.
8.4.2 Continuous Operations FLSA Work Period—
8.4.2.1 Day Shift Operations—The FLSA Work Period for day shift operators
assigned to Continuous Operations begins at 10:00 am on Saturday and ends
at 9:59 am on the following Saturday.
8.4.2.2 Night Shift Operations—The FLSA Work Period for night shift operators
assigned to Continuous Operations begins at 10:00 pm on Saturday and
ends at 9:59 pm on the following Saturday.
8.5 Workweek Schedules—
8.5.1 Non-continuous Operations Eight-hour Schedule—The workweek shall consist of
5-consecutive 8-hour days for non-continuous operations staff.
8.5.2 Non-continuous Operations 9/80 Schedule—The workweek for employees
assigned to work the 9/80 plan shall consist of eight 9-hour workdays and one 8-
hour workday in each 80-hour pay period
8.5.3 Continuous Operations Twelve-hour Schedule—The workweek for plant operators
shall consist of 12-hour workdays within an 80-hour per pay period schedule.
8.6 Work Schedule—Work schedules showing the employee’s shifts, workdays, and work
hours shall be posted on the employee bulletin boards or are available in an electronic
format.
8.7 Changes in Work Hours/Schedules—Except for situations where the City determines an
emergency exists, changes in work schedules shall not be made until the employee and
union representative have been given reasonable opportunity to discuss said changes with
the appropriate management representative.
8.8 Overtime—Authorized work performed by an employee in excess of scheduled workday
or workweek shall constitute overtime except as otherwise provided. An employee
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 15
required to work in excess of scheduled work hours shall be compensated for each overtime
hour so worked at the rate of 1.5 times the employee’s enhanced 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 12 minutes in duration.
8.9 Scheduled Overtime—Employees who are scheduled to return to work shall be
compensated as overtime hours at 1.5 times the employee’s enhanced rate of pay. Those
hours must be worked.
8.10 Compensatory Time—With the supervisor’s approval, employees may receive
compensatory time at the rate of 1.5 times of the employee’s enhanced rate of pay for each
overtime hour worked, or may accumulate and use compensatory time in accordance with
departmental policies.
8.10.1 Maximum Compensatory Time—All compensated time off may be taken in
accordance with departmental policies. Accumulated compensatory time cannot
exceed 80 hours. Anyone wishing to exercise this option must give a 5-day notice
of the desire for compensatory time off and the time off must be taken so as not to
interfere with the minimum staffing and continued functioning of the division or
operation.
8.10.2 Compensatory Time Accrual—Hours worked that qualify for compensatory time
accrue beginning with the first full pay period of each calendar year and end at the
conclusion of the last pay period of each calendar year. Hours earned in one year
cannot be carried forward to the next calendar year.
8.10.3 Payoff of Compensatory Time—During the second pay period of each calendar
year, all earned but not used compensatory time shall be paid to the employee at
the employee’s enhanced rate of pay.
8.11 Call-back Compensation—Employees who in the course of their employment are called
back to work shall receive overtime pay at the rate of 1.5 times the employee’s enhanced
rate of pay for each hour worked based on the conditions below. Workday means the day
the employee’s shift begins and call back commences with the time the employee reports
to work and concludes when the employee is released from the assigned work or the
beginning of the employee’s normal work period, whichever occurs first.
8.11.1 Workday Call-back—An employee shall receive a minimum of 4 hours overtime
pay for each call-back that occurs on scheduled workdays.
8.11.2 Non-workday Call-back—An employee shall receive a minimum of 4 hours
overtime pay for each call-back that occurs on non-scheduled workdays.
8.11.3 Electronic Call-Back—An employee required to work electronically (e.g. by phone
call) in excess of ten minutes outside of the employee’s regularly scheduled shift
shall receive a minimum of 30 minutes of overtime pay for each electronic call
back.
8.12 Standby—Employees in the unit may be assigned to standby duty on a regular or as-needed
basis. When assigned to standby, the employee is required to be available by phone, to
promptly return to work after being called, and be fit for duty and able to work. Standby
shift assignments shall be created and posted monthly, at least two weeks in advance of
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 16
any standby shift. Employees assigned to standby are permitted to trade standby shifts
with advanced written approval by their supervisor. Employees required to be on standby
shall receive $75.00 per day of standby pay.
Article 9. Holidays
9.1 Observed Holidays—The City observes the following holidays:
January 1 ................................................................. New Year’s Day
Third Monday in January ........................................ Martin Luther King, Jr. Day
Third Monday in February ...................................... President’s Day
Last Monday in May ............................................... Memorial Day
June 19 .................................................................... Juneteenth
July 4 ....................................................................... Independence Day
First Monday in September..................................... Labor Day
Second Monday in October .................................... Indigenous Peoples’ Day
November 11 ........................................................... Veteran’s Day
Fourth Thursday in November ................................ Thanksgiving Day
Friday following Fourth Thursday in November .... Day After Thanksgiving
December 25 ........................................................... Christmas Day
9.2 Half-day Holidays—In addition, the City observes the following half-day holidays:
December 24 ........................................................... Christmas Eve Day
December 31 ........................................................... New Year’s Eve Day
9.3 Discretionary Holiday—Each employee shall be entitled to one 8-hour paid holiday each
calendar year, which may be taken at the discretion of the employee. Once accrued, this
discretionary holiday will be used before vacation leave. An employee who has not used
the discretionary holiday prior to the last day of the last pay period in the calendar year
shall forfeit the receipt of compensated time or pay for such holiday that calendar year.
9.4 “E” Time in Lieu of Holiday Pay—When a City-observed holiday falls on a regularly
scheduled day off, the employee shall be compensated for 8 hours at the enhanced rate of
pay for the full day holiday observed, or the employee may request 8 hours of “E” time in
lieu of holiday pay, with the approval of division management, subject to the 36 hour
compensatory cap provision. “E” time is time off at straight time for the hours earned in
lieu of holiday pay.
9.5 Work Performed on a Holiday—Except for employees assigned to continuous operations
or as provided above, any regular full-time employee who is required to work on any
authorized holiday, in addition to receiving regular pay for such holiday, shall be paid at
the overtime rate for all hours worked.
9.6 Holiday Pay for Non-continuous Operations—Regular full-time employees, except for
staff assigned to continuous operations, shall be entitled to observe all authorized holidays
at full pay, not to exceed 8 hours for any one day, provided they are in paid status on both
their regularly scheduled workdays immediately preceding and following the holiday.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 17
9.7 Shift Holiday Pay for Continuous Operations—Employees assigned to continuous
operations, who by nature of their assignment are unable to observe City holidays, shall be
compensated for authorized holidays through shift holiday pay at the enhanced hourly rate
of pay, not to exceed 8 hours, as straight time for the holiday in addition to straight time
for the hours worked.
9.8 Absent on Holidays—Staff 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 the employee is not receiving compensation from other sources. An
employee unable to work a holiday due to illness or to an injury unrelated to the job and
who is on paid leave shall also be compensated for the holiday pursuant to this provision
provided that the employee submits to the immediate supervisor a doctor’s certificate
verifying the illness or injury.
9.9 Actual Holiday Staffing—In addition to the staff assigned on rotational shifts, 2 workers
may be assigned to work at the Treatment Plant on 12/24 (half day), 12/31 (half day) and
the Friday following Thanksgiving. These 2 additional employees are to be compensated
for the holiday at the enhanced hourly rate of pay as follows: Straight time for the holiday
and straight time for the hours worked. A designated City management employee shall
make the assignment. The assignment will be made, first by relying on volunteers, but if
there are no volunteers, then the assignments are made on a rotational system established
by the City.
9.10 Holidays on a Weekend—When any of the aforementioned holidays fall on a Sunday, it
shall be observed on the following Monday; any holiday falling on a Saturday shall be
observed on the preceding Friday.
9.11 Holiday Start Time—For employees who work a continuous operation schedule, holidays
occur on the actual holiday. Employees who begin to work a shift that starts anytime after
12:00 midnight on the actual holiday are considered to be working the holiday.
Article 10. Vacation Leave
10.1 Vacation Leave—Regular full time employees shall accrue vacation as follows:
Length of Continuous Service Biweekly Accrual Rate
0 through completion of 4th year ........................................ 4.62 hours
Fifth through 14th year........................................................ 6.16 hours
Fifteenth through 24th years ............................................... 7.69 hours
Twenty-fifth and succeeding years .................................... 9.23 hours
10.2 Vacation Accumulation— An employee may accumulate up to two times their annual
accrual amount of vacation hours. Once an employee has accumulated two times the
annual accrual, no further vacation leave will accrue until the pay period after the vacation
balance has been reduced below the two-year cap.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 18
10.3 Scheduling—The times during the year at which an employee shall take vacation shall be
determined by the department head with regard for the wishes of the employee and the
needs of City service.
10.4 Vacation Cash-Out- Employees shall be allowed to cash out up to 40 hours of unused
accrued vacation per calendar year with the following provisions:
• Employees must have completed a minimum of one year of service.
• Employees must maintain a minimum of 80 hours of accrued vacation hours in
their vacation bank.
• Vacation hours shall be compensated at the employee’s enhanced rate of pay as of
the date of the cash-out.
• Employees must complete an irrevocable election form and submit the completed
form to Human Resources no later than December 15 of the calendar year prior to
the year of the desired cash-out. Only time accrued during the calendar year
following the irrevocable election may be cashed out.
• Vacation hours may be cashed out annually in May and/or November, as long as
the employee has submitted an irrevocable election form in the prior year.
10.5 Payout upon Separation from City Service - Employees separating from the City Service
shall be paid at their current hourly salary rate for all unused accrued vacation hours. No
such payment shall be made for vacation hours accumulated contrary to the provisions of
these sections.
Article 11. Other Leaves
11.1 Sick Leave-
11.1.1 Determination—Every regular permanent and probationary employee, who is
unable to work due to illness or injury for other purposes as required by law, is
entitled to paid sick leave as follows.
11.1.2 Amount of Sick Leave—Employees will accrue 8 hours per month of sick leave.
Such leave may be accumulated without limit.
11.1.3 Sick Leave Request—An employee shall prepare and present a request for sick
leave on each occurrence of sick leave on such forms and in accordance with such
policies and procedures established for sick leave requests by the department head
or designee.
11.1.4 Approval of Sick Leave Request—The department head or designee shall review all
sick leave requests and, if approved, the request for paid sick leave for an employee
shall be granted. The department head or designee shall not unreasonably withhold
approval of the employee’s sick leave request.
11.1.4.1 Notification—The employee must notify the immediate supervisor prior
to the commencement of the daily work period if intending to take sick
leave.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 19
11.1.4.2 Verification of Injury or Illness—The department head or designee may
require a verification prepared and signed by a licensed health care
provider, which confirms that the employee is unable to perform work and
the employee’s expected return-to-work date. The department head may
also request medical verification that the employee has fully recovered
and is able to perform the full scope of the normal and customary duties
of the position. This verification shall be required when an employee is
absent due to illness or injury for a period of 39 or more work hours. In
addition, the department head may require a medical verification any time
the department head has reasonable basis to believe that the leave has been
abused by an individual employee. Such medical verification request
shall not be unreasonably imposed.
11.2 Payment of Unused Accumulated Sick Leave Accrued—Upon death, separation from City
employment as a result of a work-related injury/illness, a full-service retirement after 10
years of service, or retirement at age 50, an employee shall be paid for half of the
accumulated sick leave at the time of separation, retirement, or death. Retirement is
defined as retirement from City service and receiving PERS retirement benefits. Years of
service does not include time spent as a temporary or part-time employee. Payment of
unused sick leave hours shall be made at the employee’s enhanced hourly rate at the date
of separation from City service. However, no employee shall receive payment for any
accumulated sick leave hours in excess of 1200 and the maximum payable hours shall be
600.
11.3 Sick Leave Management Policy—All permanent and probationary employees who are
temporarily and/or partially disabled from performing the full scope of duties within their
classification as a result of an injury or illness that is not industrially caused, are eligible to
receive sick leave without loss of salary or benefits. As identified in the City’s Sick Leave
Management Policy Administrative Instruction, abuse of sick leave is defined as the use of
sick leave for purposes other than illness or injury. Consistent with this policy, the
monitoring, management, maximum use of sick leave, and reporting should conform to a
general City standard. Therefore, employees exceeding 56 hours of sick leave per year
will be subject to a review of sick leave usage.
11.4 Industrial Injury or Illness Leave—An employee who is temporarily and/or partially
disabled from performing work as a result of any injury or illness that has been determined
to be industrially caused that necessitates the employee’s absence from work, shall be
entitled to receive paid industrial injury or illness leave without loss of salary or benefits.
Employees shall be eligible to receive paid industrial injury or illness leave for all time the
employee is normally scheduled to work but is unable to work for a maximum period of
90-calendar days following the date in which the injury or illness caused the period of
temporary and/or partial disability and necessitated the employee’s absence from work.
An employee receiving paid industrial injury or illness leave shall assign to the City all
workers’ compensation insurance proceeds received by the employee for all of the time in
which the employee also received paid leave from the City.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 20
11.5 Disability Insurance Program—
11.5.1 Application for Benefits—An employee who is disabled from performing the full
scope of the usual and customary duties of the classification as the result of an
injury or illness and has utilized all accrued sick leave and paid leave for which the
employee is eligible, may file an application for short- or long-term disability
benefits in accordance with the requirements of the City’s Disability Insurance
policy. The elimination period for the disability plan is 30-calendar days.
Employees will not be required to utilize sick leave in excess of this elimination
period in order to qualify for disability payment.
11.5.2 City Determination—Upon an employee qualifying for disability benefits, the City
shall determine the following:
11.5.2.1 Determination of Employee Disability—Whether the employee’s disability
from performing the full scope of the usual and customary duties of the
classification is permanent and stationary.
11.5.2.2 Medical Prognosis—Whether the medical prognosis for the employee’s
eventual ability to completely recover to a point of being able to assume
the full scope of the usual and customary duties of the classification is such
that there exists a probability of complete recovery within a period of 365
days, or a reasonable extension thereof. The City will require medical
verification from the employee regarding the condition, and may also
require medical verification regarding the employee’s condition from a
medical doctor retained by the City.
11.5.2.3 Permanent and Stationary Determination—If the City determines that the
employee’s disability precludes him/her from performing the full scope of
the usual and customary duties of the classification with or without
accommodation and the disability is permanent and stationary, then the
City may either assist the employee in applying for a disability retirement
or otherwise separate the employee from the City’s service in accordance
with applicable law.
11.5.2.4 Temporary Determination—If the City determines that the employee’s
disability from performing the full scope of the usual and customary duties
of the classification is such that there exists a significant probability of
complete recovery within a period of 365 days, based on medical
verification, then the City has discretion on a case-by-case basis to grant
the employee a leave of absence without pay for a reasonable period of
time to recover from the disability. The City reserves the right to require
medical verification of the employee’s fitness for duty before permitting
the employee to return to City service.
11.5.2.5 Permanent and Stationary Determination During Leave of Absence—If
the City grants an employee a leave of absence without pay for the purpose
of providing the employee with the ability to completely recover and the
employee’s disability becomes permanent and stationary during the period
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 21
of such leave, then the City may assist the employee in applying for
disability retirement or otherwise separate the employee from City service.
11.5.2.6 Accrued Vacation Payment—Upon becoming eligible for disability
insurance benefits, and upon being granted a leave of absence without pay
for a period appropriate to the time necessary to determine an employee’s
ability to completely recover, the City will pay, at the request of the
employee, any accrued vacation time for which the employee qualifies.
11.5.2.7 Insurance Premium Payment—The City will continue to pay insurance
premiums on behalf of a disabled employee and dependents, pursuant to
the provisions for such payments otherwise provided in this Agreement
until the actual date of separation from City employment of the employee.
11.6 Light-duty Program—The purpose of the light-duty program is to minimize the loss of
productive time, while at the same time reintroduce the employee to work to prevent
deterioration of skills, facilitate recovery, and reduce income loss. Light-duty assignments
will be structured so that employees are not placed in a duty status that would aggravate or
cause a reoccurrence of injury or illness. Light-duty assignments will not be made unless
the employee receives medical clearance from a physician to return for light duty. This
program shall be coordinated with applicable workers’ compensation benefits so that
benefits are provided at the level not less than those mandated by state law.
11.6.1 Coverage—This light-duty program will cover any employee who suffers a
temporary and partial disability due to an industrial or non-industrial injury or
illness.
11.6.2 Determination/Required Reports—
11.6.2.1 Assignments—Light-duty assignments may be made following evaluation
and determination by the department head. The determination will be
based on available medical information, in consultation with the
employee and/or the affected supervisor, and based on the needs of the
City, and the impact of light duty on departmental operations.
11.6.2.2 Medical Updates—Employees who seek light-duty assignments or who
are on light-duty assignments are required to provide medical reports
regarding the status of their condition to the department head at 2-week
intervals, or at other agreed-upon intervals, for as long as the employee is
off work. Reports will be required for all industrial or non-industrial
injuries or illnesses regardless of whether or not a light-duty assignment
has been made. Reports will be evaluated by the department head for
purposes of continuing or terminating a current light-duty assignment or
to determine when to commence a light-duty assignment.
11.6.3 Light-duty Assignment, Definitions, and Restrictions—Light-duty assignments
shall only be provided to employees with temporary disabilities where it has been
medically determined that the employee will be able to return to the essential
functions of his/her current job with or without accommodation. Under no
circumstances shall the light-duty assignment be considered to be a permanent
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 22
alternative position for purposes of reasonable accommodation under the applicable
disability discrimination laws. Light-duty assignments:
• May consist of reduced work hours, limited work, or any combination thereof.
• Will not adversely affect the employee’s normal wage rate.
• Will be within the employee’s assigned department; or if no regular work is
available, the employee may be assigned work outside of the department
consistent with skill and ability.
• When feasible will be during the employee’s normal shift and duty hours.
However, if it is determined that no useful work will be performed during the
normal shift or duty hours, the employee can be assigned light duty during
the normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.
• Will be developed based for specific light-duty assignments on a case-by-case
review of the medical restrictions, so as not to aggravate an injury or illness.
11.6.4 Holidays/Vacations During Light-duty Assignments—
11.6.4.1 Holidays Observed—Holidays shall be observed in accordance with the
light-duty assignment work hours and workweek. That is, if an employee
is assigned to work hours in a department, division, or operating unit
where employees in that work unit take a holiday off, so shall the light -
duty employee. If the employee is assigned to work hours in a
department, division, or operating unit where employees in that work unit
work holidays, so shall the light-duty employee. Compensation for
holidays shall be in accordance with this Agreement.
11.6.4.2 Vacations—Employees assigned to light duty shall take their vacation as
normally scheduled. Vacations shall cover the same number of workdays
and calendar days as would have been if the employee had remained on
full duty. Employees may reschedule their vacation with the approval of
the department head, provided the rescheduling does not result in
increased costs or lost time to the City for relief staff to cover the
rescheduled vacation.
11.6.5 Return to Full Duty—Employees will be returned to a full-duty assignment as soon
as possible following medical certification that the employee is able to resume the
full duties of the classification with or without reasonable accommodation.
11.7 Protected Sick Leave—Employees accrue sick leave each year as defined in the sick leave
article of this Agreement. In recognition of Labor Code 233, employees are permitted to
use up to half of their annual sick leave allotment, in any calendar year, as protected leave
for the following purposes:
• The diagnosis, care, or treatment of an existing health condition of, or preventative
care for, themselves;
• The diagnosis, care, or treatment of an existing health condition of, or preventative
care for, an employee’s child (regardless of age or dependency status), parent,
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 23
spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of
the employee’s spouse or registered domestic partner; and
• If the employee is a victim of domestic violence, sexual assault, or stalking, to
obtain any relief to help ensure the health, safety or welfare of the employee or their
child.
11.7.1 Leave Amount—The combined total of hours taken for protected leave purposes
pursuant to Labor Code 233 section shall not exceed half of the employee’s annual
allotment of sick leave. Forty-eight hours of leave per year for this purpose is
available.
11.7.2 Concurrent Use of Leave—Protected Sick Leave may run concurrently with any
family leave permitted under federal or state law.
11.7.3 Notification Procedures—Leave usage forms and notification 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.
11.8 Bereavement Leave—Each employee may take leave without loss of pay for the purpose
of attending the funeral of any member of his/her immediate family, as defined below.
11.8.1 Within California—An employee may be granted up to a maximum of 24 hours of
bereavement leave per occurrence for the death or to attend the funeral of a family
member within California.
11.8.2 Outside California—An employee may be granted up to a maximum of 40 hours
of bereavement leave per occurrence for the death or to attend the funeral of a
family member outside of California.
11.8.3 Definition of Immediate Family for Bereavement Leave Purposes—As used herein
for bereavement leave purposes, immediate family is defined to be spouse, parents,
brother, sister, grandparents, child, mother-in-law, father-in-law, brother-in-law,
sister-in-law, daughter-in-law, or son-in-law. In addition, the department head may
grant the above-described leave in the event of the illness or disability or funeral of
someone other than those persons designated if, in the department head’s opinion,
there exists an extraordinarily close relationship between the employee and such
person.
11.9 Leave of Absence—The City may grant an employee in a permanent position a leave of
absence without pay or benefits not to exceed 1 year. A request for leave and the reason
therefore shall be submitted in writing and must be approved by both the department head
and the City Manager.
11.9.1 Expiration of Leave of Absence—Upon expiration of the approved leave, the
employee shall be reinstated in former classification without loss of service credits
or benefits (subject to terms of the contracts with the benefit providers) accrued
prior to said leave. However, during the period of leave, the employee shall not
accumulate service credits nor shall the City continue contributions towards
retirement plans. During this period the City shall not continue contributions
toward group insurances, unless the leave is FMLA-qualifying.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 24
11.9.2 Failing to Return from Leave—Failure on the part of an employee to return to work
on the date scheduled shall be cause for termination.
11.10 Pregnancy-related Disability Leave—As provided for in state law, employees may be
granted leave up to the maximum period of time permitted by law for disabilities caused
or contributed to by pregnancy, childbirth, or related medical conditions, or for reason of
the birth of a child. The employee shall provide the City with medical verification of the
pregnancy disability, including the anticipated length of absence and the anticipated return-
to-work date. This leave may run concurrently with the provisions of the family medical
leave act.
11.10.1 Temporary Transfer—Upon physician’s advice, the employee may request a
temporary transfer to a less strenuous or hazardous position carrying the same or
lower salary in which the employee is qualified to perform. Nothing herein shall
result in the displacement or transfer of other employees in permanent positions or
the performance of unnecessary work.
11.10.2 Physical Examination—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 the employee’s inability to effectively or safely perform the duties of her regular
position or of to one to which she has been, or could otherwise be temporarily
transferred, the employee may be required to undergo an 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.
11.10.3 Leave Utilization—The employee shall be entitled to utilize sick leave, vacation,
or compensatory time off benefits on the same basis as other employees who are
temporarily disabled. 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.
11.10.4 Returning from Leave—Upon expiration of the approved leave, the employee shall
be reinstated to the former classification or to a comparable one if the former
position is abolished during the period of leave and the employee would otherwise
not have been laid off. Prior to the employee being reinstated, a statement from
the attending physician indicating that the employee is physically capable of
resuming the regular duties of the position will be required.
11.11 Paternity Leave—As provided under the Family Medical Leave Act, an employee may
request to be absent for a period of up to 12 weeks upon leave for the birth or upon adoption
of a child. Unused but accrued vacation or compensatory time may be used to the extent
available. Such leave runs concurrently with the family medical leave act leave.
11.12 Military Leave—Military leave shall be granted in accordance with the provisions of
applicable state and federal law. All employees legally entitled to military leave shall
provide the immediate supervisor with the information, within the limits of military orders
or regulations, to determine when such leave shall be taken. The immediate supervisor
may modify the employee’s work schedule to accommodate the requirements applying to
the leave.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 25
11.13 Jury Duty—Employees must notify their supervisors when called to jury duty. All time at
jury duty will be applied toward the employees’ regular workday. The employee must
submit record of hours at jury duty. Given the many different shifts employees’ work,
modification of work hours for such jury duty will be left to the discretion of the department
head or designee, and may be appealed to the Director of Human Resources.
Article 12. Automatic Progression
12.1 Plant Operators—
12.1.1 Treatment Plant Operator I to II—Any employee hired as an Operator I shall upon
receipt of a valid Grade II certificate issued by the State of California shall be
advanced to Operator II without additional City-required oral, written, or
performance examinations.
12.1.2 Certification a Condition of Continued Employment—
12.1.2.1 Grade II Operators—As a condition of continued employment,
employees hired as an Operator I must obtain a valid Grade II certificate
issued by the State of California or the certifying authority recognized by
the State of California, within 2 years from the effective date of hire as an
operator. If an employee fails to obtain this required certification within
the 2-year period, the employee may be terminated from employment
without right of appeal.
12.1.2.2 Grade III Operators—Employees classified as a Plant Operator II must
obtain and maintain a Grade III certificate issued by the State of California
or the certifying authority recognized by the State of California, within 3
years of their appointment. If an employee fails to obtain thi s required
certification within the 3-year period, the employee may be terminated
from employment without right of appeal.
12.1.2.3 Maintenance of Required Certification—If an employee classified as a
Plant Operator I or II fails to maintain a valid, required Wastewater Plant
Operator’s certificate issued by the State of California or the certifying
authority recognized the State of California, the employee may be
terminated from employment without right of appeal.
12.1.2.4 New Plant Operators Hired After 1/1/03—Commencing 1/1/03, all new
Plant Operator II employees shall at the time of their employment, possess
or obtain within 3 years of their employment as a Plant Operator II, a valid
Grade III Wastewater Treatment Plan Operator’s certificate issued by the
State of California or the certifying authority recognized the State of
California. Permanent Plant Operator II employees hired prior to 1/1/03
shall be exempt from this provision so long as they maintain a valid Grade
II certificate.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 26
12.2 Mechanic and Electrical Staff—The City may fill any position at the level it deems
appropriate for Plant Mechanic I or Plant Mechanic II, and Plant Electrician I or Plant
Electrician II. It will also provide for alternate staffing/automatic progression for any plant
mechanic and electrical staff that are appointed at the lower level of the classification
series. This automatic progression for employees hired at the lower level will occur if all
of the following conditions are met. :
• Possessed a Grade II or higher CWEA Mechanical Technologist Certification or
Electrical/Instrumentation Technologist Certification for at least one year.
• Achieved "Above Standard" overall job performance ratings on at least 3 of the
previous 5 performance evaluations.
• If promoted, at the conclusion of one year, success fully completed a new
probationary period.
12.3 Environmental Compliance –The City may fill any position at the level it deems
appropriate for Environmental Compliance Inspector I or Environmental Compliance
Inspector II. An employee hired as an Environmental Compliance Inspector I shall
automatically progress to the Environmental Compliance Inspector II classification after
all of the following conditions are met:
• Possession of a Grade II Environmental Compliance Inspector Certificate issued by
the CWEA.
• Achieved “Above Standard” overall job performance ratings on at least 3 of the
previous 5 performance evaluations.
• If promoted, at the conclusion of one year, successfully completed at new
probationary period.
Article 13. Apprenticeship
The Union and the City agree to continue the current Stationary Engineers Local 39
Apprenticeship Training Fund. The City may nominate candidates from either Operations or
Maintenance.
Article 14. Personnel Practices
14.1 Probationary Periods—
14.1.1 Duration—All original and promotional appointments shall be tentative and
subject to a probationary period of not less than 12 months of actual service from
the date of probationary appointment or promotion.
14.1.2 Rejection—The appointing authority may terminate a probationary employee at
any time during the probationary period without right of appeal in any manner and
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 27
without recourse to the procedures provided in the grievance article of this
Agreement.
14.1.3 Promotional Probation—An employee who has previously completed the
probationary period and is rejected during a subsequent probationary period for a
promotional appointment shall be reinstated to the former position from which the
employee was promoted, if such position still exists. This section shall not be
construed as to prohibit the City from discharging any employee during a
subsequent promotional probationary period for those reasons and causes set forth
in the discipline article of this Agreement.
14.1.4 Probation after Transfer—Employees who transfer to another division shall be
required to undergo a new probationary period in a position into which transferred.
If unsuccessful in the new probationary period, the voluntarily transferred
employee may be terminated from City service. Employees transferred non-
voluntarily shall be reinstated to their former position if unsuccessful in their new
probationary period, if such position exists.
14.1.5 Probation after Return from Layoff—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 classifications 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.
14.2 Transfer—An employee may be transferred by the appointing authority from one position
to another position in the same or comparable classification carrying essentially the same
maximum salary for which the employee is qualified to perform.
14.3 Promotion—The City shall endeavor to fill vacancies by promotion when in the best
interest of the service. In the event the appointing authority determines to fill a vacanc y
by promotion, the Personnel officer 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 4 candidates (the number
may be unilaterally changed by City Council Resolution) on the employment list who are
ready, willing, and able to accept the position offered.
14.4 Employment Lists—Promotional lists shall become effective upon approval thereof by the
Personnel officer. Employment lists shall remain in effect for 1 year unless sooner
exhausted, and may be extended, prior to its expiration dates, by action of the personnel
officer for additional 3-month periods, but in no event shall the list be extended for more
than one additional year. If an appointment is to be made from an open-competitive list,
the names of all persons on the list shall be certified.
14.5 Removal of Names from Employment Lists—the City for any of the following reasons may
remove the names of any person on an employment list.
• The eligible person requests in writing that his/her name be removed.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 28
• The candidate fails to respond to a written offer of employment within 6 business days
from mailing.
• A subsequent report of an investigation is unsatisfactory.
• The candidate has been passed over for appointment 3 times.
• A candidate who rejects an offer of employment shall be removed from the
employment list.
14.6 Time Off for Examinations—Promotional examinations scheduled by the City during an
employee’s regular working hours may be taken without loss of compensation.
14.7 Resignation and Reinstatement—
14.7.1 Resignation—An employee desiring to leave the City in good standing shall submit
a letter of resignation to the immediate supervisor no later than two weeks in
advance of the effective date of separation; complete an exit interview; and receive
a satisfactory final evaluation.
14.7.2 Reinstatement—A permanent employee who has resigned in good standing may be
reinstated within two years of the effective date of resignation. Such reinstatement
may be to a vacant position in the employee’s former classification or to one in a
comparable classification that does not carry a significantly higher rate of pay and
that the former employee is qualified to perform. Reinstatement shall be made at
the salary step approved by the appointing authority. The reinstated employee will
serve the designated probationary period for that classification at which the
employee is reinstated.
Article 15. Reductions-in-force, Layoffs, and Re-employment
15.1 Council Determination—Whenever, in the judgment of the City Council, it becomes
necessary in the interest of economy or because the position involved no longer exist s or
is no longer necessary or because of a material change in duties, organization, or shortage
of work or funds, the City Council may abolish any position in the competitive service and
layoff, reassign, demote, or transfer an employee holding such position. This action shall
not be deemed a disciplinary act or an act requiring written charges. The appointing
authority may likewise layoff an employee in the competitive service because of a material
change in duties, organization, or shortage of work or funds.
15.2 Seniority—Seniority, for the purpose of layoff, is defined as length of continuous full-time
regular employment within City service, and shall not include time spent in service on a
provisional or 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 law.
15.3 Order of Layoff—When one or more employees in the same class in a City department are
to be laid off, the order of layoff in the affected department shall be as follows:
• Probationary employees in reverse order of seniority.
• Permanent employees in reverse order of seniority.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 29
15.4 Identical City Service 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, a mutually
agreeable random process shall determine the order of layoff.
15.5 Layoff Notification—Employees shall be forwarded written notice, including reasons
therefore, a minimum of 10-working days prior to the effective date of layoff by certified
or registered mail, return receipt requested, or shall be personally served. An employee
receiving said notice may respond, in writing, to the appointing authority. 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 layoff and any
proposed alternatives that do not include the consideration of the merits, necessity, or
organization of any service or activity
15.6 Reassignment in Lieu of Layoff—
15.6.1 Vacant Positions in City—In the event of layoff, the employee will be allowed to
transfer to a vacant position that the City intends to fill in the same classification in
any City department as follows.
15.6.2 Former Classification—In the event there are no vacant positions in the same
classification in any department, the 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 Citywide.
15.6.3 Displacement—In the event there are no vacancies as listed above, 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 minimum qualifications have
been met and a regular layoff procedure in the same or lower salary level shall
apply.
15.6.4 Step Classification—Employees transferred, reassigned, or demoted under this
section will be assigned in the new classification salary range to a step closest, but
not exceeding, the employee’s salary at the time of reclassification.
15.6.5 Employee Requests—An employee must request in writing the provisions of the
Reassignment in Lieu of Layoff section, within 5-working days prior to the
effective date of layoff.
15.7 Layoffs—
15.7.1 Exercising Rights—In the event an employee is not reassigned in lieu of layoff, as
set forth above, the employee shall be laid off. If an employee elects not to exercise
the rights in section Reassignment in Lieu of Layoff, the employee may be deemed
to have been offered and to have declined such work and shall be laid off.
15.7.2 Accrued Leaves—Laid off employees are to be paid for accrued vacation and sick
leave in accordance with this Agreement when separated as a result of a layoff.
15.8 Layoff Re-employment and Reinstatement Lists—
15.8.1 Reduction in Force Reclassification or Demotion—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
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 30
seniority. Vacant positions within the classification shall first be offered to
employees on this list.
15.8.2 Reduction in Force Re-employment List—Employees who are laid off, shall have
their names placed in order of seniority on a classification re-employment list that
in the opinion of the personnel officer requires basically the same qualifications,
duties, and responsibilities as those of the classification in which the layoff
occurred. Vacant positions in such classifications shall be offered to eligible
employees on the re-employment list that qualify for such vacancies prior to an
open or promotional recruitment.
15.8.3 Duration and Removal from Reinstatement or Re-employment Lists—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 employee’s name to be dropped from the list.
Individuals not responding to written notification by certified or registered mail,
return receipt requested, forwarded to their last known address, of an opening
within 10-working days from mailing, shall have their names removed from either
the reinstatement or re-employment list.
15.8.4 Probationary Rehires—Probationary employees appointed from a reinstatement or
re-employment list must serve the remainder of their probationary period in order
to attain permanent status.
Article 16. Recreational Facilities and Classes
16.1 Admission to Classes—Employees shall be entitled to free admission to City recreation
facilities and to free enrollment in up to 5 recreational classes during a 12 -month period
(lab fees or ingredient fees not included).
16.2 Use of Facilities—Employees using City recreation facilities and enrolled in City
recreational classes shall engage in such activities on the employee’s non-work time.
Employee admission to recreation facilities and recreation classes shall be accomplished
in conformance with the rules and regulations established by the source department.
Article 17. Safety
17.1 Observance of Safety Rules and Regulations—Both the City and Union shall expend every
effort to ensure that work is performed with a maximum degree of safety, consistent with
the requirement to conduct efficient operations.
17.2 Safety Program—The City has established a safety program and representatives of the unit
shall serve on the safety committee.
17.3 Safety Equipment—The City shall continue to supply employees with safety equipment
required by the City and/or Cal/OSHA. All employees shall use City supplied safety
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 31
equipment only for the purpose and uses specified under applicable safety rules and
regulations.
17.4 Safety Shoes – Effective January 1, 2018, the City will reimburse employees who purchase
and wear approved protective footwear during their regular duty shift up to $275 per fiscal
year through the payroll process.
Article 18. Discipline
18.1 Action by City—The City may discipline, 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 to comply with or violation of the City’s rules regarding safety, conduct, or
operations; chronic absenteeism; misstatement of fact on an application or othe r personal
document; falsification of records; unfitness for duty; and absence without authorized
leave. Any discharged, suspended, or demoted employee, or an employee whose salary
has been reduced for disciplinary reasons, shall be furnished the reason for such action in
writing. In the event an employee feels that the discharge, suspension, demotion, or salary
reduction is unjust, the employee shall have the right to appeal the case through the
grievance procedure within 5-working days from the date of the disciplinary action.
18.2 Notice of Disciplinary Action—The City shall provide the affected employee with written
notice prior to taking disciplinary action, except where circumstances dictate the City
taking immediate action to remove the employee from the work place. In such cases,
written notice, as set forth below, shall be provided the employee within 2-working days
of the action. In instances where disciplinary action must be imposed immediately, the
notice shall be provided the employee no later than 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 5-working days from the receipt
of the notice to respond to the authority initially imposing the discipline.
18.2.1 Notice—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 following information:
• The type of disciplinary action recommended.
• The effective date of the action proposed.
• The reason or cause for the action and the rules, regulations, and/or policies
violated.
• That the employee shall be furnished all copies of all materials upon which
the action is based.
• That the employee has the right to respond either orally or in writing to the
authority initially imposing the discipline.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 32
18.2.2 Appeal Rights—Once the proposed disciplinary action has been imposed, the
affected employee shall have the right to appeal. Such appeals shall be filed directly
at the fourth step of the grievance procedure set forth in this Agreement.
18.2.3 Probationary Discharge—Probationary employees may be discharged for any
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 Probationary Period article of this Agreement.
Article 19. Grievance Procedure
This grievance procedure shall be applied in resolving grievances filed by an employee covered
by this Agreement.
19.1 Definition of a Grievance—A grievance shall be defined as any dispute that involves the
interpretation or application of any provision of this Agreement during its term, excluding
all ordinances, resolutions, rules, and regulations, the contents of which are not specifically
covered by the provisions of this Agreement. Such excluded ordinances and resolutions
shall not be subject to this grievance procedure.
19.2 Time for Filing—A grievance shall be void unless it is filed in writing within 45-calendar
days from the date upon which the City is alleged to have failed to provide a condition of
employment that has been established by this Agreement, or within 45-calendar days from
the time an employee might reasonably have been expected to have learned of the alleged
failure. In no event shall a grievance include a claim for money relief for more than 45-
calendar day period, plus such reasonable discovery period.
19.3 Informal Discussion with Employee’s Supervisor - Step 1—Before proceeding to the
formal grievance procedure, an employee shall discuss the grievance with the immediate
supervisor in private and attempt to work out a satisfactory solution. If the employee and
the immediate supervisor cannot work out a satisfactory solution, the employee may then
choose to represent himself or herself individually, or may request the assistance of the
Union in writing to formally present the grievance.
19.4 Formal Written Grievance - Step 2—If the employee wishes to formally pursue the
grievance, the employee shall present the written grievance to the supervisor’s immediate
superior within 15-calendar days after the date upon which the grieving employee
informally discussed the grievance with the immediate supervisor. The written grievance
shall specify the article, section, and/or subsection of the Agreement that is alleged to have
been violated by the City and shall specify dates, times, places, persons, and other facts
necessary for a clear understanding of the matter being grieved. The supervisor’s
immediate superior shall return a copy of the written grievance to the employee with an
answer in writing within 15-calendar days from receipt of the grievance from Step 1.
19.5 Grievance to Department Head - Step 3—The department head or designee shall have 15-
calendar days after receipt of the grievance to review and answer the grievance in writing.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 33
A meeting between the department head or designee and the grievant with his/her
representative is required at this level unless waived by mutual Agreement.
19.6 Waiver of Supervisory Review—If the grievance is not resolved after the informal
discussion with the employee’s immediate supervisor, the grievant and the department
head or designee may, by mutual agreement, waive review of the grievance to the
department head or designee.
19.7 Informal Review by the City Manager - Step 4—Prior to the selection of an arbitrator and
submission of the grievance for hearing by an arbitrator, the City Manager or designee shall
informally review the grievance and determine whether said grievance may be adjusted to
the satisfaction of the employee. The City Manager or designee shall have 15-calendar
days in which to review and seek adjustment of the grievance.
19.8 Arbitration of Grievance - Step 5—In the event that the department head does not resolve
the grievance, the grievant may within 30-calendar days after receipt of the department
head’s decision request in writing that an arbitrator hear the grievance.
19.9 Selection of Arbitrator—The arbitrator shall be selected by mutual agreement between the
City Manager or designee and the grievant or representative. If the City Manager or
designee and the grievant or representative are unable to agree on the selection of an
arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit
a list of 7 qualified arbitrators. The City Manager or designee and the grievant or
representative shall then alternately strike names from the list until only one-name remains,
and that person shall serve as arbitrator.
19.10 Duty of Arbitrator—Except when an agreed statement of facts is submitted by the parties,
it shall be the duty of the arbitrator to hear and consider evidence submitted and to
thereafter make written findings of fact and disposition of the grievance that shall be final
and binding upon the parties. The decision of the arbitrator shall be based solely upon the
interpretation of the appropriate provisions of the Agreement applicable to the grievance
and the arbitrator shall not add to, subtract from, modify, or disregard any of the terms or
provisions of the Agreement.
19.11 Power of the Arbitrator—The provisions for arbitration are not intended and shall not be
construed to empower an arbitrator to change any condition of employment specifically
covered by the Agreement or to revise, modify or alter in any respect any provision in the
Agreement.
19.12 Payment of Costs—Each party to a hearing before an arbitrator shall bear own expenses in
connection therewith. All fees and expenses of the arbitrator shall be borne half by the
City and half by the grievant, except that the moving party must pay any cancellation
charge for both parties if an arbitration session is canceled without sufficient notice to the
arbitrator.
19.13 Effect of Failure of Timely Action—Failure of an employee to file an appeal within the
required time period at any level shall constitute an abandonment of the grievance. Failure
of the City to respond within the time limit at any step shall result in an automatic
advancement of the grievance to the next step.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 34
Article 20. Past Practices and Existing Memorandum of Understanding
20.1 Working Conditions—Continuance of working conditions and practices not specifically
provided herein, shall not be guaranteed by this Agreement.
20.2 Prior Agreements—This Agreement shall supersede all existing and prior Memoranda of
Understanding, side letters, and agreements between the City and the Union.
20.3 Changes—No changes in this Agreement or interpretation thereof (except by 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 appointing authority and the Union.
Article 21. Employees Covered
Provisions of this Agreement apply only to the full-time regular employees represented in Unit D,
as identified in Appendix A.
Article 22. Severability
Should any section, clause, or provision of this Agreement be declared illegal by final judgment
of a court of competent jurisdiction, such invalidation of those sections, clauses, or provisions shall
not nullify the remaining portions. Those remaining portions shall be in full force and effect for
the duration of this Agreement. In the event of such invalidation, the parties agree to meet and
confer concerning substitute provisions for those terms rendered and declared illegal.
Article 23. Term of the Memorandum of Understanding
This Agreement shall become effective only upon approval by the City Council and upon
ratification by the members of this unit and remain in full force and effect to and includ ing June
30, 2022.
Article 24. Signatures
In witness thereof, the parties hereto have executed this Agreement in the City of South San
Francisco on this__________ day of_________________, 2022.
For the Union: For the City:
Bart Florence, Business Manager
Lisa Charbonneau, Chief Negotiator
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 35
Charlie Solt, Director of Public Employees
Leah Lockhart, Human Resources Director
Jeff Gladieux, President
Mike Futrell, City Manager
Mark E. Gong, Business Representative,
Chief Negotiator
Janice Chapman
Quinlan Miller
Nelson Yuk
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 36
Appendix A
Operating Engineers, Local 39 Classifications
Those classifications in the International Union of Operating Engineers, Local 39 unit are the
following:
1. Lead Plant Operator
2. Plant Operator III
3. Plant Operator II
4. Plant Operator I
5. Apprentice Operator
6. Lead Plant Mechanic
7. Plant Mechanic II
8. Plant Mechanic I
9. Apprentice Mechanic
10. Plant Electrician II
11. Plant Electrician I
12. Plant Utility Worker
13. Senior Environmental Compliance Inspector
14. Environmental Compliance Inspector II
15. Environmental Compliance Inspector I
16. Senior Laboratory Chemist
17. Laboratory Chemist
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 37
Appendix B
Certification Premiums
Effective July 5, 2013, those classifications listed below are the Plant classifications that are
eligible for the following certification premiums, which shall be calculated on the employee’s base
rate of pay.
Classifications Certification Premiums
Grade III Grade IV Grade V
Lead Plant Operator 2.5% 2.5%
Plant Operator III 2.5% 2.5%
Lead Plant Mechanic 2.5%
Plant Mechanic II 2.5% 2.5%
Plant Electrician II 2.5% 2.5%
Sr. Environment Compliance Inspector 2.5%
Environmental Compliance Inspector II 2.5%
Sr. Laboratory Chemist 5.0%
Laboratory Chemist 5.0%
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 38
Appendix C
Stand-by Pay and
Flexible Work Schedules for Non-shift Employees
1. The City agrees that upon specific written request by the Union during the life of this
Agreement, it will discuss with the Union creation of a Stand-by Pay program as a
departmental policy and procedure which is separate and apart from this memorandum of
understanding. The City agrees to engage in “effects bargaining” with the Union to
negotiate over the impact on affected unit members resulting from such a program if the
City determines that it makes operation sense to implement such a program.
2. The City agrees that upon specific written request by the Union during the life of this
Agreement, it will discuss with the Union creation of a Flexible Work Schedule program
for non-shift employees as a departmental policy and procedure which is separate and apart
from this memorandum of understanding. The City agrees to engage in “effects
bargaining” with the Union to negotiate over the impact on affected unit members resulting
from such a program if the City determines that it makes operation sense to implement
such a program.
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 39
Appendix D
Limited Term Employees
Pilot Program
1. Limited Term Employees- The City will designate a separate group of extra help
employees in the bargaining unit, entitled Limited Term Employees, consisting solely of
employees who are hired at the City's discretion, for assignments not to exceed two (2)
years.
2. The Limited Term Employees Pilot Program will apply for the duration of the MOU
beginning on July l, 2014, and continue to apply to Limited Term Employees hired during
this period. This program will be extended for the duration of the MOU beginning on July
1, 2017.
3. The City will use Limited Term Employees only in the following circumstances: (Note:
the terms “temporary” and “short term” below shall be defined as not to exceed two years
for the purpose of Limited Term Employees.)
a. Temporary absence of incumbent
b. Short-term variations in workload, including seasonal work
c. Short-term special projects/assignments/pilot programs
d. Temporary filling of vacant positions
e. Intermittent work
f. Temporary staffing prior to implementation of organizational or technological
changes (e.g., Laboratory/Environmental Compliance).
g. Work that has been traditionally outsourced (e.g., Instrument Technician)
4. To the extent Limited Term Employees are hired to facilitate work on planned projects,
the City may exercise its discretion to assign su ch project work to Regular Employees
while the Limited Term Employees backfill Regular Employee job duties.
5. The number of positions filled by Limited Term Employees in the unit will not exceed 5
positions at a time. The City will meet and consult with the appropriate Union
representative over any expansion of the pilot program or increase in cap on number of
Limited Term Employees.
6. The following terms and conditions of employment will apply solely to employees hired
as Limited Term Employees:
a. Positions will be a limited term as defined by the City, not to exceed two years.
b. Limited Term Employees are hourly, unclassified, temporary, at-will employees.
c. Upon termination or release from employment, the employee may not be hired for
a second limited term assignment.
d. Limited Term Employees are full-time (40 hours/week) hourly employees with
benefits. Compensation will consist of the following:
City of South San Francisco
International Union of Operating Engineers, Stationary Engineers, Local 39
Memorandum of Understanding
July 1, 2022 through June 30, 2025 Page 40
i. Hourly wage rate (X-code). During this pilot program, if there are base pay
increases to the equivalent bargaining unit position, the hourly position will be
subject to the same.
ii. Paid Time Off - 3.08 hours vacation accrual per pay period (80 hours/year);
3.69 hours sick leave accrual per pay period (12 days/year); and 13 paid
holidays, including 1 floating holiday.
iii. Medical, Dental, Vision, Life and Disability insurances.
iv. Section 3121 Retirement Plan.
v. Limited Term employees are not eligible for retiree health benefits.
vi. Limited Term Employees are eligible for the City's group medical, dental and
vision plans as offered to regular full-time employees. Limited Term
Employees may not opt out of the plans for cash into a deferred compensation
plan.
vii. Limited Term Employees are eligible for shift differential pay.
The recruitment standards and treatment for Limited Term Employees will be no different
than Regular employees. All Limited Term Employees will be expected to have the
knowledge, skills and abilities necessary to adequately perform their roles and meet their
responsibilities.
Exhibit A
Published by
Human Resources Department
City of South San Francisco
Street Address: Mailing Address:
First Floor City Hall P. O. Box 711
400 Grand Avenue South San Francisco CA 94083
South San Francisco CA 94080
650/877-8522 Tel
Web Site 650/829-6698 Fax
www.ssf.net