Loading...
HomeMy WebLinkAboutReso 48-1997RESOLUTION NO. 48-97 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS STATIONARY !,OCAI. 39 Alii .-CIO WHEREAS, the City's negotiator and members of Local 39 agreed to terms of a contract for January 1, 1997 through December 31, 1999; and WHEREAS, the proposed agreement is in conformance with the City Council's contract negotiation directions given to staff; WHEREAS, members of Local 39 ratified the contract on April 30, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it authorizes the City Manager to sign a Memorandum of Understanding with the International Union of Operating Engineers Local 39 for the period January 1, 1997 through December 31, 1999. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 14th dayof May , 1997by the following vote: AYES: Councilmembers James L. Datzman, Eugene R, Mullin, John R. Robert Yee and Mayor Joseph A. Fernekes NAYS: ABSENT: ABSTAIN: Penna, None None None City Clerk A:\LOCAL39.RES RESOLUTION NO. 48-97 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS LOCAL NO. 39, AFL-CIO Representation Unit D January 1, 1997 through December 31, 1999 TABLE OF CONTENTS ARTICLE PREAMBLE ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 RECOGNITION UNION SECURITY AJ B. C. D. Agency Shop Communication with Employees Advance Notice Copies of Memorandum of Understanding MANAGEMENT RIGHTS NO DISCRIMINATION UNION STEWARDS AND OFFICIAL REPRESENTATIVES Ae Union Stewards Representative of the Union Access to Personnel Files SALARIES A. Wage Rates B. Premiums 1. Premium for Certification Salary Plan Administration, Advancement within Salary Rates Salary Plan Administration, Salary Step After Promotion or Demotion Temporary Upgrading: Like Work for Like Pay Temporary Assignment to Higher Level Position Fe G. H. I. Salary Plan, Pay Periods Longevity Pay Plan Assignment Compensation Shift Differential PAG~ 1 1 1 1 3 3 3 3 3 3 3 4 4 4 4 5 5 6 7 7 7 7 8 8 8 ARTICLE 7 PROBATION PERIODS A. Duration B. Rejection C. Promotional Probation 8 ARTICLE 8 TRANSFER, PROMOTION 9 Ae B. C. D. Transfer Promotion Employment Lists Time Off For Examination ARTICLE 9 REDUCTION IN FORCE/LAYOFFS/RE-EMPLOYMENT B. C. D. Council Determination Seniority Order of Lay Off Reassignment in Lieu of Lay Off 9 10 10 10 Eo 1) Vacant Positions in City 10 2) Former Classifications 10 3) Displacement 10 4) Step Classification 11 Lay Offs 11 Lay Off Re-Employment/Reinstatement Lists 11 ARTICLE 10 RESIGNATION AND REINSTATEMENT A. Resignation B. Reinstatement ARTICLE 11 HOURS OF WORK, OVERTIME A. Work Day B. Work Week C. Work Schedule D. Overtime E. Call Back ARTICLE 12 HOLIDAYS Authorized Holidays Holiday Pay Work Performed on a Holiday Joint Sewer Plant - Holiday Staffing Ae B. C. D. ARTICLE13 VACATION LEAVE Vacation Leave Deferral Scheduling Pay Upon Termination Ae B. C. D. 11 11 11 12 12 12 12 12 12 13 13 13 13 14 14 14 14 14 15 15 ARTICLE 14 LEAVE PROVISIONS A. Sick Leave 2. 3. 4. Determination Amount of SAck Leave Sick Leave Request Approval of Sick Leave Request a. Notification b. Verification 1) 2) Usual Verification Doctor's Verification Payment of Unused Accumulate Sick Leave Accrued 6. Sick Leave Management Policy 2. 3. 4. 5. 6. SAck Leave Threshold Review & Counseling Sick Leave Management Plan Disciplinary Process Maximum Paid Sick Leave Time Reporting Sick Leave Usage Bo Industrial Injury or Illness Leave Long Term Disability Application for Benefits City Determination fe Determination of Employee Disability Medical Prognosis Permanent and Stationary Determination Temporary Determination Permanent and Stationary Determination During Leave Of Absence Accrued Vacation Payment Insurance Premium Payment D. Light Duty Coverage Determination/Required Reports Light Duty Assignment -- Definitions/Restrictions Holidays/Vacations Return to Full Duty 15 15 15 15 15 15 15 15 15 16 16 16 17 17 18 18 18 19 19 19 19 19 19 19 20 20 20 20 2O 20 21 21 4. 21 5. 22 E. Medical Al~pointment Leave Medical Appointment Leave Charged To SAck Leave F. Family Leave Determination of Family Leave Bereavement Leave Definition of Immediate Family G. Leaves of Absence H. Maternity Leave I. Military Leave J. Paternity Leave K. Jury Duty ARTICLE 15 HEALTH AND WELFARE PLANS Ac Health Insurance Dental Plan -- Open Enrollment 1) Orthodontia D. E. F. G. H. Vision Care Plan Life Insurance Long Term Disability Insurance Retirement Retiree Health Plan Discretionary Benefit Option ARTICLE 16 SAFETY Ac Observation of Safety Rules and Regulations Safety Program Safety Equipment ARTICLE 17 DISCIPLINE Ac Action by City Notice of DisciplinaryAction ~RTICLE 18 GRIEVANCE PROCEDURE Do E. F. G. Definition of Grievance Time for Filing Informal Discussion With Employee's Supervision Formal Written Grievance Grievance To Department Head Waiver of Supervisory Review Arbitration of Grievance 22 22 22 23 23 23 23 24 24 24 24 24 25 25 25 25 25 25 25 26 26 26 26 26 26 26 27 28 28 29 28 28 28 29 29 Ho I. J. K. L. M. ~nformal Re~iewb~ Cit~ldanager Selection of A~bitrator Duty of Arbitrator Payment of Costs Effect of Failure of Timely Action Non-Union Representation ARTICLE 19 APPRENTICESHIP ARTICLE 20 REST BREAKS ARTICLE 21 FREE RECREATION CLASSES ARTICLE 22 AUTOMATIC PROGRESSION A. Treatment Plant Operator I to II ARTICLE 23 PAST PRACTICES & EXISTING MEMORANDA OF UNDERSTANDING ARTICLE 24 EMPLOYEES COVERED ARTICLE 25 SEVERABILITY ARTICLE 26 TERMS OF MEMORANDUMOF UNDERSTANDING APPENDIX A WAGE RATES SIDE LETTER 29 29 29 29 30 30 30 30 30 30 30 31 31 31 32 33 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS LOCAL NO. 39, AFL-CIO PREAMBLE: THIS MEMORANDUM OF UNDERSTANDING is entered into by the City of South San Francisco, hereafter designated as "CITY" and the International Union of Operating Engineers, Stationary Engineers Local No. 39, AFL- CIO, hereafter designated as "Union," as a mutual agreement of those wages, hours and conditions of employment which are to be in effect during the period of January 1, 1997 through December 31, 1999 for those employees working in classifications in representation Unit D. ARTICLE 1. RECOGNITION International Union of Operating Engineers Local Union No. 39, AFL-CIO, hereinafter referred to as the "Union" is recognized as the majority representatives, as provided in City's Resolution 135-79 adopted December 4, 1979, for all employees in classifications assigned to Unit D. ARTICLE 2. UNION SECURITY Agency Shop. A probationary or permanent employee who is employed in a classification covered by this Memorandum of Understanding shall, as a condition of employment, be governed by the following agency shop provision: A probationary or permanent employee who was employed on November 11, 1982, and had duly authorized membership dues deductions in effect, shall, as a condition of employment maintain said dues deduction and Union membership for the term of this agreement except that during the last thirty (30) calendar days of this Memorandum of Understanding, said employee may revoke said membership and authorization for dues deduction. Revocation shall be in writing and directed to the Finance Director during the last thirty (30) calendar days of this Memorandum of Understanding. Said revocation shall take effect beginning the first day of the next full pay period following expiration of the agreement. The City shall provide the Union with a listing of those who have terminated dues deduction. Probationary or permanent employees hired after November 11, 1982, into a classification covered by this Memorandum of Understanding, shall authorize, within thirty (30) calendar days from the date of hire, one of the following payroll deductions: Union Dues or Agency Fee to equal 94% of Union Dues o_~r Charitable contribution to equal Agency Fee. Said charity to be one of the three mutually agreed upon and below listed charities meeting IRS 501 (c) 3 exempt from taxation requirements: 1 United Way of the Bay Area Combined Health Agencies Drive (CHAD) South San Francisco Boy's and Girl's Club The City agrees to make a good faith effort to advise the Union within ten (10) business days of a new hire. An employee who opts for Union Dues shall not be permitted to change or terminate such deduction. At any time with proper authorization, an employee who opts for Agency Fee shall be permitted to change to Union Dues but not a Charity. An employee who opts for a Charity shall be permitted to change to Agency Fee or Union Dues. No employee covered by this provision shall be required to pay any dues, fees or charitable contributions during an unpaid leave of thirty (30) days duration or longer if said employee is on said leave due to the exhaustion of all paid leave benefits for which the employee is eligible. The following steps shall be followed in order to enforce this provision for employees who fail to comply with the requirements of Article 2, Section A. a. The Union shall notify the City, in writing, of the name of the employee who has failed to comply and make a demand upon the City to enforce this provision and to collect amounts due under this provision commencing with the receipt date of the Union letter, but not for any amounts covering time preceding the Union demand letter. The City, within five (5) business days of receiving notification from the Union, shall, in writing, advise the employee of the requirements of A~ticle 2, Section A, and that the employee has five (5) business days to comply. After five (5) business days of notifying the employee in writing, the City must again notify the employee, in writing, if the employee does not voluntarily comply with Article 2, Section A, that the Agency Fee will be automatically deducted from the employee's paycheck. If, within five (5) business days the employee does not comply, the involuntary deduction of the Agency Fee shall commence retroactive to the receipt date of the Union demand letter under Step a. If Article 2, Section A, is held to be invalid under Federal or State law, then all of Article 2, Section A, shall be null and void and subject to renegotiation. All other provisions of this Article shall be governed by Article 24-Severability. 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 defense in actions against the City, its officials, employees or agents arising out of City's compliance with this Article. Sign-up forms for Union Dues and Agency Fee shall be provided by the Union and approved by the City. 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. Advance Notice. Except as provided below in this subsection, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City, and shall be given the opportunity to meet and consult with appropriate management representatives prior to adoption. If public safety, welfare or an emergency requires any of the said acts by the City without such notice, the City may take such action and concurrently therewith give notice thereof, which affords the Union a reasonable time thereafter within which to meet with management representatives. Copies of Memorandum of Understanding. The City and the Union shall share the cost of printing sufficient copies of the MOU for all current and new bargaining unit employees and managerial personnel. ARTICLE 3. MANAGEMENT RIGHTS To insure that the City is able to carry out its constitutional and statutory functions and responsibilities, nothing contained herein shall be construed to require the City to meet and confer on matters which are solely a function of management, including but not limited to the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to subcontract any work or operations; to determine and change methods of operations; to determine and change work locations and the processes and materials to be employed; to take all necessary actions to perform its functions in emergencies. ARTICLE 4. NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual preference, martial status, ancestry or legitimate union activities, as defined by Meyers-Milias-Brown Act, against any employee or applicant for employment by the Union or by the City or by anyone employed by the City; and to the extent prohibited by applicable state or federal law, there shall be no discrimination because of age or other protected condition. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established taking into consideration reasonable accommodations which may be made. ARTICLE 5. UNION STEWARDS AND OFFICIAL REPRESENTATIVES 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 City Manager, in writing, of the 3 Be Co names of the Stewards. Stewards shall obtain permission from their supervisor before leaving their work stations to assist a grievant(s) and shall report back to their supervisor before returning to their work stations. This provision shall not be used to prevent the Stewards from performing their duties or obligations set forth in this Article, provided however, that the use of time for this purpose shall be reasonable and shall not interfere with the requirements of the City's services, as determined by the City. In the event the City determines that "Stewards" are abusing the provisions of this Article, the Union agrees to meet with the City, immediately, to investigate the City's complaint and to assure full compliance by Stewards with the provisions of this sub-section. Whenever an employee is required to meet with a supervisor or management official and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the employee shall be entitled to have a Steward and/or Union Representative present upon request. In the event the employee desires the presence of a Union Representative, the City will contact the Representative and arrange a mutually acceptable time and day to hold the meeting. Except in instances where irm~ediate disciplinary action is necessary, once scheduled, the City shall consider reasonable requests to move the meeting date forward by up to five working days for the convenience of the Business Representative. Representative of the Union. The Union shall provide the City with a written list (not to exceed two (2) individuals) of their authorized representatives and any changes thereto. An authorized representative of the Union shall be allowed to visit the work location for the purpose of ascertaining whether or not this Memorandum of Understanding is being observed. This right shall be exercised reasonably. An authorized representative of the Union shall report to the Department/Division Head before proceeding to the work location. He shall not interfere with the normal conduct of work. Activities such as the soliciting of membership, collection of dues, holding membership meetings, campaigning for office, conducting elections and distributing literature are strictly prohibited during working hours without prior approval of the City Manager. Access to Personnel Files. An employee or, on presentation of written authorization from the employee, the employee's representative, shall have access to the employee's file upon request. ARTICLE 6. SALARIES Wage Rates. Wage rates for each step in the salary schedule shall be as set forth in Appendix A. Wages shall be increased in the first payroll period to include January 1 as follows: Classification Operator II Asst Electrician/Mechanic Mechanic Machinist/Mechanic Maintenance Worker I Maintenance Worker II Mechanic/Electrician Laboratory Chemist Lead Maint. Worker Source Cntrl. Inspect. Sr. Srce Cntrl. Inspect. Effective Date 1/01/97 1/01/98 1/01/99 7.88% 5.00% 5.00% 4.38% 1.91% 1.93% 4.38% 1.91% 1.93% 4.38% 1.91% 1.93% 2.73% 2.73% 2.73% 2.73% 2.73% 2.73% 3.26% 3.26% 3.26% 2.80% 2.80% 2.80% New position 1.13% 1.13% 3.43% 3.43% 3.43% 3.43% 3.43% 3.43% Premiums. 1. Premium for Certification. ae An employee in the Classification of Operator II who has successfully completed the State of California Examination and who possesses a Grade III Certification shall be compensated at a rate 5% higher than the rate for which the employee qualifies pursuant to the salary schedule in Appendix A. bo An employee in the classification of Operator II who has successfully completed the State of California examination and who possesses a Grade IV Certification in operations of a wastewater treatment plant shall be compensated at a rate 2.5% higher than the rate for which the employee qualifies pursuant to the salary schedule in Appendix A. An employee in the classification of Maintenance Worker II who has successfully completed the California Water Environment Association examination and who possesses a Grade I Certification in Mechanical Technology shall be compensated at a rate 2% higher than the rate for which the employee qualifies pursuant to the salary schedule in Appendix B; and an employee in the classification of Maintenance Worker II who has successfully completed the California Water Environment Association examination and who possesses a Grade II Certification in Mechanical Technology shall be compensated at a range of 3% higher than the rate for which the employee qualifies pursuant to the salary schedule in Appendix A. An employee in the classification of Laboratory Chemist who has successfully completed the California Water Environment Association Examination and who possesses a Laboratory Technician III Certificate shall be compensated at a rate three percent (3%) higher than the rate for which the employee qualifies pursuant to the salary schedule in Appendix A. An employee in the classification of Mechanic or Mechanic/Machinist who has successfully completed the California Water Environment Association Examination and who possesses a Grade I Certification in Mechanical Technology shall be compensated at a rate 2% higher than the rate for which the employee qualifies pursuant to the salary schedule in effect; and an employee in the classification of Mechanic or Mechanic/Machinist who has successfully completed the California Water Environment Association Examination and who possesses a Grade II Certification in Mechanical Technology shall be compensated at a range of 3% higher than the rate for which the employee qualifies pursuant to the salary schedule in effect. An employee in the classification of Mechanic Electrician or Assistant Electrician/Mechanic who has successfully completed the California Water Environment Association Examination and who possesses a Grade I Certification in Electrical/Instrumental or Mechanical Technology shall be compensated at a rate 2% higher than the rate for which the employee qualifies pursuant to the salary schedule in effect; and an employee in the classification of Mechanic Electrician or Assistant Electrician/Mechanic who has successfully completed the California Water Environment Association Examination and who possesses a Grade II Certification in Electrical/Instrumentation or Mechanical Technology shall be compensated at a rate 3% higher than the rate for which the employee qualifies pursuant to the salary schedule in effect. Employees will only qualify for payment for one of the premium certifications specified in e. & f. above. An employee in the classification of Source Control Inspector or Senior Control Inspector who has successfully completed the California Water Environment Association Examination and who possesses a Grade II Certification in Industrial Waste Inspection shall be compensated at a rate 2% higher than the rate for which the employee qualifies pursuant to the salary schedule in effect; and an employee in the classification of Source Control Inspector or Senior Source Control Inspector who has successfully completed the California Water Environment Association Examination and who possesses a Grade III Certification in Industrial Waste Inspection shall be compensated at a rate 3% higher than the rate for which the employee qualified pursuant to the salary schedule in effect. Salary Plan Administration. Advancement Within Salary Rates. Employees appointed at the first step ("A") shall be eligible for advancement to the second step ("B") of the specific salary range six (6) months after original appointment, provided that the employee's performance merits the increase. Advancement to the remaining steps may be made after one (1) year of satisfactory service at each successive salary step, provided that the employee's performance merits the increase. Changes in an employee's salary because of promotion or demotion may set a revised salary date for that employee. Whenever the schedule of compensation for a classification is revised, each incumbent in a position to which the revised schedule applies, shall be paid at the 6 same step in the revised rates as the step at which the employee was paid in the previous rate. Eo Salary Plan Administration, Salary Step After Promotion or Demotion. When employees are promoted, they shall receive not less than the equivalent of a one-step, five percent (5%) salary increase. When an employee is demoted, whether such demotion is voluntary or otherwise, the employee's compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted and unless otherwise provided, the specific rate of pay within the rate shall be determined by the City Manager; provided, however, that an employee demoted as a result of abolition of position shall be placed at the salary step in the lower classification which most closely approximates, but does not exceed, the employee's salary in the higher classification. If an employee takes a voluntary demotion to a classification previously held from a classification within the same series, the employee shall be placed at a step commensurate with length of service in both classifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification which the employee held last and the service time at such step shall be the same as the service time held previously at such step. Temporary UpgradinG: Like Work For Like Pay. An employee assigned by the City to the duties of a first-line supervisor or above shall be paid the salary of the position he/she performs commencing with the first day of said assignment. First-line supervisory employees, and above, assigned to duties of a higher classification shall not be paid the salary of the higher classification unless they serve in that capacity for thirty (30) consecutive calendar days or more, in which event, they shall receive the pay of the higher classification commencing with the first day of said thirty-day service. Temporary Assignment to Higher Level Position. Except for first- line supervisory positions and above which are governed by the provisions of Article 6, Section E above, an employee who is assigned and who does perform the duties of a higher classification for a period of four (4) or more hours, shall receive additional compensation for each hour so assigned at the rate of pay for which the employee would qualify were the employee to be promoted to the higher level classification. Effective July 1, 1991 except for first-line supervisory positions and above which are governed by the provisions of Article 6, Section H above, an employee who is assigned and who does perform the duties of a higher classification for a period of three (3) or · more hours, shall receive additional compensation for each hour so assigned at the rate of pay for which the employee would qualify were the employee to be promoted to the higher level of classification. Salary Plan, Pay Periods. Employees shall be paid bi-weekly, unless mutually agreed to by the City and Union. 7 Longevity Pay Plan. Permanent full-time employees shall be eligible for longevity pay in accordance with the following schedule: Length of Continuous Service Longevity Pay/Monthlv 10 to 14 years, inclusive 15 to 19 years, inclusive 20 to 24 years, inclusive 25 to 29 years, inclusive 30 to 34 years, inclusive 35 to 39 years, inclusive 40 years or more $ 17.50 22.50 27.50 45.00 55.00 65.00 75.00 Assignment Compensation. Employees assigned ~Lead Operator" responsibilities shall receive an additional 5% above his/her salary rate for the hours the employee is performing these duties. They shall not receive the pay differential during approved paid leaves of absences (i.e., sick, vacation, injury, family care, etc.) Shift Differential. Employees assigned to work (non-overtime) the swing shift or graveyard shift shall receive an additional 3% and 6% respectively for those hours actually worked during that period. They shall not receive the differential pay during approved leaves (i.e., sick, vacation, injury, family care, etc.) Shift differential compensation is not paid to employees working in an overtime capacity. ARTICLE 7. PROBATION PERIODS ao Duration. All original and promotional appointments shall be tentative and subject to a probationary period of not less than twelve (12) months of actual service from the date of probationary appointment or promotion. An employee who is laid off and subsequently appointed as a result of certification from an employment eligible list to a position of a different classification than that from which laid off, shall undergo the probationary period prescribed for the 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. 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. Rejection. The appointing authority may terminate a probationary employee at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in Article 18 (Grievances) hereof, unless the employee alleges that the termination was due to discrimination prohibited by City, State and Federal statutes or regulations. If such discrimination is alleged, the appeal or grievance shall be decided solely on the basis of whether or 8 not the termination was due to such discrimination; and unless it is determined that there was discrimination, the person or persons hearing the appeal or grievance shall not substitute their judgment for that or the appointing authority. Promotional Probation. An employee who has previously completed the requisite probationary period and who is rejected during a subsequent probationary period for a promotional appointment (except as provided for in Article 21) shall be reinstated to the former position from which the employee was promoted, provided that this sub-section shall not be construed so as to prohibit the City from discharging any employee during a subsequent promotional probationary period for those reasons and causes set forth in Article 17 of this Memorandum of Understanding. ARTICLE 8. TRANSFER, PROMOTION. ao Transfer. A~ employee may be transferred by the City Manager from one position to another position in the same or comparable classification carrying essentially the same maximum salary and which the employee is qualified to perform. Promotion. The City shall endeavor to fill vacancies by promotion when in the best interest of the service. In the event the City Manager determines to fill a vacancy by promotion, the Personnel Board prepares and administers an examination for those employees who meet the minimum qualifications. The names of the successful candidates shall be recorded in the order of their standing in the exaraination on an employment list. Closed promotional appointments shall be made from the first four (4) candidates (which number may be unilaterally changed by the City Council Resolution) on the employment list who are ready, willing and able to accept the position offered. Employment Lists. Promotional lists shall become effective upon approval thereof by the Personnel Board. Employment lists shall remain in effect for one (1) year unless sooner exhausted, and may be extended, prior to their expiration dates, by action of the Personnel Board for additional three (3) month periods, but in no event shall the list be extended for more than one additional year. If an appointment is to be made from an open-competitive list, the names of all persons on the list shall be certified. The names of any person on an employment list may be removed by the City if the eligible person requests, in writing, that his/her name be removed, if the employee fails to respond to a written offer of employment six (6) business days from mailing, if a subsequent report of an investigation is unsatisfactory, or if the person has been passed over for appointment three (3) times. A candidate who rejects an offer of employment shall be removed from the employment list. Time Off for Examination. Promotional examinations scheduled by the City during an employee's regular working hours may be taken without loss of compensation. ARTICLE 9. REDUCTION IN FORCE/LAYOFFS AND RE-EMPLOYMENT A. Council Determination. Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because the necessity 9 Co Do for the position or employment involved no longer exists, the City Council may abolish any position in the competitive service and lay off, reassign, demote or transfer an employee holding such position or employment and sa~ne shall not be deemed a disciplinary act or act requiring written charges. The appointing authority may likewise lay off an employe in the competitive service because of material change in duties or organization, or shortage of work or funds. Seniority. Seniority, for the purpose of layoff, is defined as length of continuous full-time employment within the service of the City, except for service on a provisional and temporary status. Seniority shall be retained, but shall not accrue during any period of leave without pay, except for authorized military leave granted pursuant to California State Military and Veteran's Code. Order of Lay Off. When one or more employees performing in the same class in a City department are to be laid off (provisional and temporaries therein having already been terminated), the order of layoff in the affected department shall be as follows: 1. Probationary employees in inverse order of seniority 2. Permanent employees in inverse order of seniority Should two or more employees have identical City service seniority, the order of layoff will be determined by classification seniority. Whenever two or more employees have identical classification seniority, the order of layoff shall be determined by a mutually agreeable random process. Employees shall be forwarded written notice, including reasons therefor, by Certified Registered Mail, Return Receipt Requested or Personally Served, a minimum of ten (10) working days prior to the effective date of layoff. An employee receiving said notice may respond, in writing, to the City Manager. The employee's representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circumstances requiring the lay off and any proposed alternatives which do not include the consideration of the merits, necessity, or organization of any service or activity. The provisions of Section E immediately below must be requested by the employee, in writing, five (5) working days prior to the effective date of lay off. Reassignment in Lieu of Layoff. Vacant Positions in City: In the event of layoff, the employee will be allowed to transfer to a vacant position which the City intends to fill in the same classification in any City department. 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 City-wide. Displacement: In the event there are no vacancies as listed in 1 or 2, the employee shall have the opportunity, upon request, to be assigned to any classification in the department at the same or lower salary level in which he/she meets the minimum 10 qualifications and a regular lay off procedure in the same or lower salary level shall apply. Step Classification: Employees transferred, reassigned, or demoted under this Section will be assigned to a step in the new classification salary range closest, but not exceeding, the employee's salary at the time of reclassification. E. Lay Offs. In the event that an employee is not reassigned in lieu of layoff, as in Section E above, the employee shall be laid off. If an employee elects not to exercise the rights in Section E, she/he may be deemed to have been offered and to have declined such work. 2o Laid off employees are to be paid for accrued vacation and sick leave in accordance with Section 14.1 (g) when separated as a result of a layoff. F. Lay Off Re-Employment/Reinstatement Lists. Probationary and permanent employees who are reclassified and/or demoted as a result of a reduction in force, shall have their names placed on a classification reinstatement list, in order of their seniority. Vacant positions within the classification shall first be offered to employees on this list. Employees who are laid off, shall have their names placed on a re- employment list of classifications which, in the opinion of the Personnel Officer, requires basically the same qualifications and duties and responsibilities as those of the classification from which the lay off occurred, in order of seniority. Vacant positions in such classification shall be offered to eligibles on the re-employment list who qualify for such vacancies prior to an open or promotional recruitment. 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 names to be dropped from the list. Individuals not responding to written notification by Certified or Registered Mail, Return receipt Requested, forwarded to their last given address, of an opening within ten (10) working days from mailing, shall have their names removed from either the reinstatement or re-employment list. Probationary employees appointed from a reinstatement or re- employment list must serve the remainder of their probationary period in order to attain permanent status. ARTICLE 10. RESIGNATION AND REINSTATEMENT. Resignation. An employee desiring to leave the City in good standing shall submit a letter of resignation to his immediate supervisor no later than two weeks in advance of the effective date of separation; complete an exit interview; and receive a satisfactory final evaluation. B. Reinstatement. A permanent employee who has resigned in good standing 11 may be reinstated within two years of the effective date of resignation. Such reinstatement may be to a vacant position in the employee's former classification or to one in a comparable classification which does not carry a significantly higher rate of pay and which the employee is qualified to perform. Reinstatement shall be made at the salary step approved by the City Manager. The reinstated employee will serve the designated probationary period for that classification at which the employee is reinstated. ARTICLE 11. HOURS OF WORK, OVERTIME. Bo Work Day. Eight consecutive hours of work shall constitute a regular work shift except that they may be interrupted by a non-paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have a regular starting and quitting time. Work Week. The work week shall consist of five consecutive eight hour days. The work week for Operators may be modified if mutually agreed upon by Management and the Union. Total annual hours of work shall be 2080. Co Work Schedule. Work schedules showing the employee's shifts, work days and hours shall be posted on the employee bulletin boards at all times. Except for situations where the City determines an emergency exists, changes in work schedules shall not be made until the employee and his or her representative have been given reasonable opportunity to discuss said changes with the appropriate management representative. Overtime. Authorized work performed by an employee in excess of their scheduled workday or workweek shall constitute overtime except as otherwise provided. An employee required to work in excess of their scheduled hours of work shall be compensated for each overtime hour so worked at the rate of one and one-half (1 1/2) times the employee's base rate of pay. No form of overtime payment shall be made where time worked prior to the beginning of a shift or following completion of a shift is less than twelve (12) minutes duration. Employees may, at their option, receive pay for such overtime hours or may accumulate compensatory time at the rate of time and one-half (1 1/2) up to an equivalent maximum of twenty-four (24) hours in lieu of pay for said overtime; take the overtime as compensable time off provided, however, anyone wishing to exercise this option must give five (5) days notice of the desire for such time off and the time off must be taken under such conditions as will not interfere with the minimum manning and continued function of their particular department or operation. Call Back. An employee who has departed from work and who is called back to work commencing at a time which is not the employee's normally scheduled beginning time shall be paid a minimum of three (3) hours for each call back occurrence. Call back time 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. 12 ARTICLE 12. HOLIDAYS. A. Authorized Holidays. The following are authorized holidays: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 Fourth Thursday in November Fourth Friday in November December 24 (four hours) December 25 December 31 (four hours) One Discretionary Holiday* New Year's Day Martin Luther King Birthday Washington's Birthday Memorial Day Independence Day Labor Day Coltunbus Day Veterans Day Thanksgiving Day Day following Thanksgiving Four hours of workday preceding Christmas Day Christmas Day Four hours of workday preceding New Year's Day *Each employee shall be entitled to one paid holiday each calendar year, which holiday may be taken at the discretion of the employee, and must be used by December 13 of the calendar year, subject to prior approval of the department head. Employees shall be entitled to be compensated for taking said discretionary holiday but shall not accumulate discretionary holidays nor be compensated in the event the discretionary holiday is not taken. When any of the aforementioned holidays fall on a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the preceding Friday. Holiday Pay. Regular full-time employees, except for personnel assigned to continuous operations, shall be entitled to observe all authorized holidays at full pay, not to exceed eight (8) hours of any one day, provided they are in paid status on both their regularly scheduled workdays immediately preceding and following the holiday. Employees assigned to continuous operations, who by nature of their assignment are unable to observe City holidays, shall be compensated for authorized holidays as follows: Straight time for the holiday and straight time for the hours worked. Personnel scheduled to work on a City holiday, but who are unable to do so due to a job related injury, shall remain eligible for payment in accordance with this provision as long as he is not receiving compensation from other sources. An employee unable to work a holiday due to illness or to an injury unrelated to the job shall also be compensated for the holiday pursuant to this provision provided that s/he submit to the department head a doctor's certificate verifying the illness or injury. Work Performed on a Holiday. Except for employees assigned to continuous operations or as provided in Section 12.4, any regular full- 13 time employee who is required to work on any authorized holiday, in addition to receiving regular pay for such holiday, be paid at the overtime rate. Joint Sewer Plant - Holiday Staffing. In addition to the personnel assigned on rotational shifts, two workers may be assigned to work at the Treatment Plant on December 24 (one-half day) and December 31 (one- half day) and the Friday following Thanksgiving. Said two additional employees to be compensated at holiday pay computed as follows: Straight time for the holiday and straight time for the additional hours worked. The assignment shall be made by the Superintendent of Water Quality Control, first relying on volunteers, and if there are no volunteers, then on a rotational system established by the Superintendent of Sanitation. ARTICLE 13. VACATION LEAVE. ao Vacation Leave. Regular full time employees shall accrue vacation as follows: Length of Service Accrual Rate Per Bi-Weekly ?ayperiod Approximate Annual Equivalent First through Fourth years, inclusive 4.62 hours 15 days Fifth through Fourteenth years, inclusive 6.16 hours 20 days Fifteenth through Twenty-Fourth years, inclusive 7.69 hours 25 days Twenty-Fifth and Succeeding years 9.23 hours 30 days Deferral. An employee may, with the approval of the Department Head and City Manager, defer forty (40) hours of his/her vacation leave to the succeeding calendar year. The employee shall file written request to defer with the Department Head and the City Manager. If the requirements of the service are such that an employee cannot take all of his/her vacation to which he/she is entitled in a calendar year, he/she may defer, with the approval of the Department Head, the unused portion to the following year, provided that no more than thirty (30) working days of vacation can be accumulated. Deferred vacation which is not taken during the calendar year immediately following the calendar year in which the vacation leave was deferred shall be compensated for in time off or cash payment to the employee during the month of January of each calendar year; except that the forty (40) hours of deferred vacation noted above may be compensated for in time off or in cash payment to the employee during the month of January in the year immediately following the year of deferral. Scheduling. The times during the year at which an employee shall take vacation shall be determined by the Department Head with due regard for the wishes of the employee and particular regard to the needs of the service. 14 Pay Upon Termination. Employees separating from the City Service shall be paid at their current hourly salary rate for all unused accrued vacation hours. No such payment shall be made for vacation hours accumulated contrary to the provisions of these sections. ARTICLE 14. LEAVE PROVISIONS. A. Sick Leave. Determination: Every permanent and probationary employee, except those employees who work less than full time, who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of his or her classification as the result of an injury or illness which is not industrially caused, shall be eligible to receive sick leave without loss of salary or benefit within the limits set forth below. 2o Amount of Sick Leave: Employees will accrue one day (8 hfs) per month of employment for purposes of sick leave. Such leave may be accumulated without limit. 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 his designee. Approval of Sick Leave Request: The Department Head or his 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 his designee shall not unreasonably withhold approval of the employee's sick leave request. "Sick Leave" as used herein, is defined as a period of time during which the employee suffers actual illness or injury which necessitates his/her absence from employment. Sick leave is not a right or privilege to be used at the discretion of the employee. a. Notification: The employee must notify his/her immediate supervisor prior to the commencement of the daily work period for which compensated sick leave is sought. b. Verification of Injury or Illness: Usual Verification: An employee requesting paid sick leave shall provide reasonable verification of the illness or injury, usually in the form of the employee's personal affidavit of injury or illness. Doctor's Verification: The Department Head or his designee may require a verification prepared and signed by a medical doctor, which describes the nature and extent of the illness or injury and which confirms that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the classification. This verification shall be required when an employee is absent due to illness 15 or injury for a period of thirty-nine (39) 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. 5. Payment of Unused Accumulated Sick Leave Accrued Upon death, separation from City employment as a result of a work related injury, or full service retirement after twenty (20) years of service or retirement at age fifty (50), an employee shall be paid for one-half (1/2) of the accumulated sick leave at the time of separation, retirement of death. Payment of unused sick leave hours shall be made at the employee's hourly rate. No employee shall, however, receive payment for any recorded hours in excess of one thousand two hundred (1200) and the maximum payable hours shall be six hundred (600). This accrual shall include the amount credited, if any, on January 1, 1988, for the period when the 90- day sick leave plan was in effect. After ten (10) years of service and reaching fifty (50) years of age, upon death, or separation from City employment in good standing, an employee shall be paid for one-half (1/2) of the accumulated sick leave at the time of separation or death. No employee shall, however, receive payment of any recorded hours in excess of 1,200, and the maximum payable hours shall be 600. 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 the result of an injury or illness which is not industrially caused, are eligible to receive sick leave without loss of salary or benefits. The use of unverifiable sick leave as an extension of vacation or for other purposes not directly related to injury or illness is not permitted. It is the responsibility of each department to establish a monitoring/review process to insure that the use of sick leave by employees is not abused or excessive and also that employees with a recurring medical problem receive the appropriate medical attention. Abuse of sick leave is defined as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the following guidelines should be utilized to insure that the monitoring, management, maximum use of sick leave and reporting conforms to a general City standard. Procedures 1. Sick Leave Threshold Each department is responsible to establish a monthly review process to monitor sick leave usage. Annual review of sick leave usage should occur on a calendar basis, January 1 to December 31. 16 2o Employees exceeding 56 hours or 7 occurrences of sick leave (fire fighters refer to MOU for threshold) will be subject to a review of sick leave usage. The purpose for monitoring sick leave usage is to insure that employees are receiving the appropriate medical attention and to ascertain that sick leave is being used for illness or injury. A threshold of more than 56 hours or 7 occurrences of sick leave usage represents over 50% of the annual accrual of sick leave hours. When the stated threshold is met by employees, it is the intent of this policy to identify recurring medical problems or special needs that may not be recognized by management/supervisory personnel and assist employees to remedy such problems. During monthly monitoring of sick leave usage any pattern of use which is detected and/or meets the threshold defined above will be subject to review. An example of such a pattern is every fourth Friday of the month. Under extenuating circumstances such as serious injury requiring hospitalization, pregnancy/childbirth, or other serious illness or injury, requiring an employee to be out of work for an extended period of time, the recommended sick leave review and management program may be suspended. The Department Director or his/her designee shall reasonably determine those circumstances under which further review is suspended. Review and Counseling An employee whose use of sick leave falls within the preceding criteria shall meet with the immediate supervisor to discuss the reasons and/or causes of the leave usage. If it is determined that there are no mitigating circumstances affecting the use of sick leave, the supervisor will counsel the employee on the proper use of such leave. Corrective action, if any is warranted, will be discussed with the employee. Sick Leave Management Plan The purpose of the Sick Leave Management Plan is to provide a formal structure to correct excessive sick leave usage. Generally, the Sick Leave Management Plan will become operative when an employee fails to respond to the supervisor's review and counseling. The supervisor, with approval of the Department Director or his/her designee, may place an employee on a Sick Leave Management Plan in conjunction with a review and counseling concerning leave usage if circumstances are present that warrant immediate action. The Sick Leave Management Plan includes a series of requirements that an employee must adhere to during the twelve month period during which the plan is effective. Adherence to the Plan requirements should serve to discourage excessive sick leave use. The Sick Leave Management Plan is a management tool that may be employed at the discretion of the Department Director or his/her designee in such instances when an employee fails to respond to other means of supervisory review. One or more of the following 17 requirements may be stipulated for such an employee when sick leave is used. The requirement(s) shall be given to the employee in writing. ae Personally notify the immediate supervisor of illness/absence by telephone. If the supervisor is not available, the employee shall be accessible to receive a return call from the supervisor at a subsequent time. Examination by the employee's doctor on the day of reported illness. The option will be available to the Supervisor to require a medical examination by a City-referred doctor. Obtain a note from the employee's doctor or nurse practitioner that states the employee's work limitations and expected date the employee may return to ~light" or full duty. A medical release to return to work signed by medical personnel other than a medical doctor or nurse practitioner will not suffice in meeting this requirement. Any other reasonable conditions that the supervisor deems appropriate for the specific circumstances. Disciplinary Process Failure to adhere to the Sick Leave Management Plan prescribed by an employee's supervisor may result in further disciplinary action. Maximum Paid Sick Leave Time An employee who has insufficient unused sick leave hours on record to cover absence(s) from the job shall use accrued vacation and compensatory time prior to receiving authorization for leave of absence without pay. Reporting Sick Leave UsaGe ao A "Request for Family Care and Sick Leave" form should be submitted to Personnel subsequent to each occurrence of sick leave use. The form should indicate if sick leave was used for personal illness by the employee or for family care leave. Signatures of both the division manager and Department Director or his/her designee should be included on the form. The original form will be directed to Personnel to be retained in the employee's Personnel file for review upon evaluation or in the event of disciplinary proceedings. A duplicate copy should remain in the Department's personnel file for future reference when conducting performance evaluations and in case of subsequent sick leave review. Bo Bi-weekly leave reports prepared by the Finance Department will provide data for departmental monitoring purposes on a calendar year basis. Data generated through the payroll system will enable each Department to identify recurring patterns of sick leave usage. 18 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 which has been determined to be industrially caused and which injury or illness necessitates his/her absence from work, shall be entitled to receive paid industrial injury or illness leave without loss of salary or benefits as follows: 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 during a period of ninety (90) calendar days following the date upon which the injury or illness caused his/her period of temporary and/or partial disability and necessitated his/her absence from work. An employee who is 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 for which the employee also received paid leave from the City. Long Term Disability: Application for Benefits: An employee who is disabled from the performance of the full scope of the usual and customary duties of his/her classification as the result of an injury or illness and who has utilized all accrued paid leave and sick leave for which the employee is eligible up to the thirtieth (30th) calendar day of disability, may file an application for Long-Term Disability Insurance benefits in accordance with the requirements of the City's Long Term Disability Insurance policy. The elimination period for the Long-Term Disability Insurance Plan is thirty (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. City Determination: Upon an employee qualifying for Long-Term Disability Insurance Benefits, the City shall determine: Determination of Employee Disability: Whether the employee's disability from performing the full scope of the usual and customary duties of his/her classification is permanent and stationary, or bo 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 his/her classification is such that there exists a probability of complete recovery within a period of three hundred sixty-five (365) days, or a reasonable extension thereof. Co Permanent and Stationary Determination: If the City determines that the employee's disability from performing the full scope of the usual and customary duties of his/her classification is permanent and stationary, then the City may retire the employee or otherwise separate the employee from the City's service or position in his/her classification. 19 Temporary Determination: If the City determines that the employee's disability from the performance of the full scope of the usual and customary duties of his/her classification is such that there exists a probability of complete recovery within a period of three hundred sixty-five (365) days, or a reasonable extension thereof, then the City may grant the employee a leave of absence without pay for a period appropriate to the time necessary to determine the employee's ability to completely recover or the City may not grant such leave and separate the employee from the City's service or position in his/her classification. 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 of such leave, then the City may retire the employee on a disability retirement or otherwise separate the employee from the City's service or position in his/her classification at such time as the employee's condition becomes permanent and stationary. fo Accrued Vacation Payment: Upon becoming eligible for Long- Term 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. Insurance Premium Payment: The City will continue to pay insurance premiums on behalf of a disabled employee and his/her dependents, pursuant to the provisions for such payments otherwise provided in this Memorandum until the actual date of separation from City employment of the employee. Light Duty The purpose of this light duty program is to minimize the loss of productive time, while at the same time reintroducing the employee to work sooner 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 reincur an injury or illness. Light duty assignments will not be made unless the employee receives medical clearance from the treating 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. 1. Coverage: Any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness will be covered by this light duty program. 20 Determination/Reauired Reports: Light duty assignments may be made following evaluation and determination by the Department Head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will also be based on the needs of the City and the impact of light duty on departmental operations. The evaluation and determination of light duty assignments will only be upon agreement of the Department Head, the employee and the affected supervisor. After the initial report, updated medical reports shall be submitted to the Department Head at two 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. Co 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. 3. Light Duty Assignment - Definitions/Restrictions: Light duty assignments may consist of reduced work hours, limited work or any combination thereof. bo Light duty assignments will not adversely affect the employee's normal wage rate. Light duty assignments will be within the employee's assigned department. When feasible, light duty assignments 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 will be assigned light duty during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Specific light duty assignments will be developed, based on a case by case review of the medical restrictions, so as not to aggravate or reincur an injury or illness. 4. Holidays/Vacations: Holidays shall be observed in accordance with the light duty assignment work hours and work week. 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 21 applicable Memoranda of Understanding. Employees assigned to light duty shall take their assigned (selected) vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been enjoyed by the employee if he/she had remained on full duty. Employees may reschedule their assigned (selected) 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 personnel to cover the rescheduled vacation. 5. Return to Full Duty: Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume full duties of his/her classification. Medical Appointment Leave: An employee shall be entitled to receive authorization for leave, without loss of pay, for appointment with medical doctors or dentists. Such leave shall be authorized only for the actual time necessary for the appointment and for traveling to and from the appointment. Employees shall be required to submit a personal affidavit describing the nature and need of such visits. The City reserves the right to confirm or verify any appointments for which such leave is authorized. Medical Appointment Leave Charged to Sick Leave. First eight (8) hours per year not charged to sick leave; remainder charged to sick leave. Familv Leave. Determination of Family Leave: An employee may use up to twenty- four (24) hours per calendar year in order that he/she may care for a sick or injured member of his/her immediate family requiring his/her care, or to obtain medical consultation/treatment to preserve the health of a sick or injured member of his/her immediate family, provided the immediate family member resides in the employee's home. Immediate family member shall be as defined below. The requirement to reside in the employee's home shall not apply in cases involving the employee's mother, father or child. Leave usage forms 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. 22 Ho Bereavement Leave~ Each employee may take leave without loss of pay for the purpose of attending the funeral of any member of his/her ir~nediate family, as defined hereinafter, for the period of three (3) workdays per occurrence within the State of California. Definition of Immediate Family. As used herein, "immediate family" is defined to be spouse, parents, brother, sister, grandparents, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law or son-in-law. In addition, the City Manager may grant the above described leave in the event of the illness or disability or funeral of someone other than those persons designated if, in the City Manager's opinion, there exists an extraordinarily close relationship between the employee and such person. Leaves of Absence. The City Council may grant an employee in a permanent position a leave of absence without pay or benefits not to exceed one (1) year. The City Manager may grant an employee in a permanent position a leave of absence without pay or benefits not to exceed thirty (30) calendar days. A request for leave and the reasons therefor shall be submitted in writing and must be approved by both the department head and the City Manager. Upon expiration of the approved leave, the employee shall be reinstated in former position without loss of service credits or benefits (subject to terms of policies) accrued prior to said leave. Failure on the part of an employee to return to work on the date scheduled shall be cause of discharge. Maternity Leave. Leave shall commence upon certification from the employee's attending physician that she is no longer capable of performing the duties of her position. Upon advice of her physician, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary which she is qualified to perform. Where such transfers have by practice, policy or negotiated agreement been granted for temporary disabilities other than pregnancy, the transfer of the employee shall be accommodated. Where temporary transfers have not been granted under other circumstances, the employee's request will be approved only if it can be reasonably accommodated. However, nothing herein shall result in the displacement or transfer of other employees in permanent positions or the performance of unnecessary work. Where it is the opinion of the Department Head that the employee should be placed on leave sooner than prescribed by her physician due to her inability to effectively or safely perform the duties of her regular position or of one to which she has been, or could otherwise be temporarily transferred, the employee may be required to undergo examination by a second physician. The cost of this examination shall be paid by the City and shall not be ordered without prior approval of the appointing authority. The employee shall be entitled to utilize sick leave benefits on the same basis as other classified employees who are temporarily disabled due to a non-industrial illness or injury. While the pregnant employee 23 is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee being reinstated, the Department Head may require a statement from the attending physician the employee is physically capable of resuming the regular duties of her position. An employee may request a leave of absence as provided under Section 14.4 at the conclusion of her disability. I. Military Leave. Military leave shall be granted in accordance with the provisions of applicable California State and Federal law. All employees legally entitled to military leave shall provide the Department Head an opportunity, within the limits of the military orders or regulations, to determine when such leave shall be taken. Department Heads may modify the employee's work schedule to accommodate the requirements applying to the leave. J. Paternity Leave. An employee may request to be absent for a period of up to ninety (90) calendar days upon the birth of his baby or upon his adoption of a baby. Unused but accrued vacation may be used to the extent available. The period of absence of up to ninety (90) calendar days is subject to service requirements as determined by the Department Head. Jury Duty Employees must notify their supervisors when they are called to jury duty. All time at jury duty will be applied toward the employees' regular work day. 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 his/her designee, and may be appealed to the Director of Personnel. ARTICLE 15. HEALTH AND WELFARE PLANS ao Health Insurance. The City shall provide a fully paid health insurance plan at the current benefit level for employees and their eligible dependents with the option available to the employee to select the plan known as the Kaiser (HMO) "S" Plan, Aetna Health (HMO)Plan, or other health plans offered by the City subject to the terms and conditions of the City's contracts with health insurance carriers. The maximum City contribution to the employee's medical premium shall be a rate equivalent to the Aetna (HMO)composite rate in effect during the term of this Memorandum of Understanding with employees enrolled in more expensive plans paying the difference between the Aetna (HMO)rate and the other premium rates. 24 Bo Eo Dental Plan - Open Enrollment. The self-insured program of dental care benefits existing as of August 17, 1977, shall be continued during the term of this Memorandum of Understanding. The cost of such plan for employees and their eligible dependents shall be fully paid by the City. Orthodontia. The lifetime orthodontia coverage shall be increased from the prior limit of $500 to $1,000. Vision Care Plan. The Group Vision Care Plan, dated January, 1985, designed VSP Plan B - Employee and Dependent, with a ten dollar ($10) deductible shall be continued during the term of this Memorandum of Understanding. The cost of such plan for employees and their eligible dependents shall be fully paid by the City. Life Insurance. The term life insurance coverage, including accidental death and dismemberment in an amount equal to the employee's annual salary shall be continue during the term of this Memorandum of Understanding. The cost of such plan for employees shall be fully paid by the City. Long Term Disability Insurance. A long-term disability insurance plan which, subject to the terms and conditions thereof, shall provide for payment of two-thirds (2/3) of base salary during disability and shall be continued at the current benefit levels during the term of this Memorandum of Understanding. The cost of such plan for employees shall be fully paid by City. Retirement. The benefit contract in effect between the City of South San Francisco and the Public Employees' Retirement System (PERS) on behalf of eligible employees of this Unit, shall be continued during the term of this Memorandum of Understanding. Retiree Health Plan. City agrees to provide employees retiring with a service retirement through PERS with the same or as near equal health coverage as possible provided for active employees (employees only - not family members) on the following basis: If the employee retires at age 65 and has been employed by the City for ten (10) years, s/he is eligible for employer payment of the aforementioned health insurance for the rest of his/her life. a) The City agrees to allow the spouse and dependents of a deceased employee/retiree to purchase medical insurance from a City-provided medical plan at the City's premium rate, provided: 1) there is no cost to the City 25 2) the health provider does not require a City contribution; and 3) the City is held harmless if the coverage is discontinued. If said employee retires under the age of 65, s/he must have, in addition to the ten (10) hears, accumulated one (1) additional year for each year under age of 65. Discretionary Benefit Option: Employees who can demonstrate to the City's satisfaction that they have medical coverage elsewhere may elect, once a year, to have the City pay eighty percent (80%) of the cost of health and welfare benefits into the employee's deferred compensation account. An employee may change this discretionary benefit option once each year to coincide with the open enrollment period for medical plans, or at another time during the year, provided the employee can demonstrate, to the City's satisfaction, a bona fide need. Health and welfare benefits are defined to be a combination of medical, dental, and vision insurance premiums. The City shall utilize a weighted average for determining the cost of such benefit. For example: 80% (the average cost of Kaiser x the number of City participants; Bay Pacific x the number of City participants; Blue Shield x the number of City participants) = the weighted average for health insurance. ARTICLE 16. SAFETY A. 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. B. Safety Program. The City has established a safety program, and representatives of the Unit shall serve on the safety committees. C. Safety Equipment. The City shall continue to supply employees with safety equipment required by the City and/or CAL OSHA. All employees shall use City supplies safety equipment only for the purpose and uses specified under applicable safety rules and regulations. ARTICLE 17. DISCIPLINE. A. Action by City. The City may discharge, suspend, demote or reduce in salary any permanent employee for reasons including, but not limited to, dishonesty, insubordination, incompetence, willful negligence, failure to perform work as required or failure to comply with or violation of the City's rules regarding safety, conduct or operations, chronic absenteeism, misstatement of fact on an application or other personal document, falsification of records, unfitness for duty and absence 26 without authorized leave. Any discharged, suspended or demoted employee, or an employee whose salary has been reduced for disciplinary reasons, shall be furnished by reason for such action in writing. In the event an employee feels that the discharge, suspension, demotion or salary reduction is unjust, s/he shall have the right to appeal the case through the grievance procedure within five (5) working days from the date of the actual disciplinary action. Notice of Disciplinary Action. The City shall provide the affected employee with written notice prior to taking disciplinary action, except where circumstance dictate the City taking immediate action to remove the employee from the work place. In such cases, written notice, as set forth below, shall be provided the employee within two (2) working days of the action. In all cases, written notice of disciplinary action shall be served on the employee personally or by 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: a. The type of disciplinary action. b. The effective date of the action. c. The reason or cause for the action. do That the employee shall be furnished 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. Except in instances where disciplinary action must be imposed immediately, the notice shall be provided the employee no later than five (5) working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action will not become final until the aforementioned notice has been furnished the employee and the employee has been provided no less than five (5) working days from the receipt of the notice to respond to the authority initially imposing the discipline. 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 Article 18 of this Memorandum. 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 Article 7.B of this Memorandum of Understanding. 27 ARTICLE 18. GRIEVANCE PROCEDURE. This grievance procedure shall be applied in resolving grievances filed by employee covered by this Memorandum of Understanding. Definition of a Grievance: A grievance shall be defined as any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding during its term, excluding all ordinances, resolutions, rules and regulations, the contents of which are not specifically covered by the provisions of this Memorandum of Understanding. Such excluded ordinances, resolutions shall not be subject to this grievance procedure. Time for Filing: A grievance shall be void unless filed in writing within forty-five (45) calendar days from the date upon which the City is alleged to have failed to provide a condition of employment which has been established by this Memorandum of Understanding, or within forty-five (45) calendar days from the time an employee might reasonable 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 forty-five (45) calendar day period plus such reasonable discovery period. Informal Discussion with Employee's Supervisor: Before proceeding to the formal grievance procedure, an employee shall discuss his or her grievance with his or her immediate supervisor in private and attempt to work out a satisfactory solution. If the employee and his or her immediate supervisor cannot work out a satisfactory solution, the employee may then choose to represent himself or herself individually, or he or she may request the assistance of the Union in reducing to writing and formally presenting the grievance. Do Formal Written Grievance: If the employee wishes to formally pursue his or her grievance, he or she shall present the written grievance to his or her supervisor's immediate superior within fifteen (15) calendar days after the date upon which the grieving employee informally discussed the grievance with his or her immediate supervisor. The written grievance shall specify the Article, Section and/or Subsection of the Memorandum of Understanding which is alleged to have been violated by the City and shall specify dates, times, places, and persons and other facts necessary to a clear understanding of the matter being grieved. The supervisor's immediate superior shall return a clear copy of the written grievance to the employee with his or her answer there to in writing within fifteen (15) calendar days from receipt of the supervi$or's immediate superior's answer within which to file an appeal to the department head. Eo Grievance to Department Head: The department head or the department head's designee shall have fifteen (15) calendar days after receipt of the grievance to review and answer the grievance in writing. A meeting between the department head or the department head's designee and the grievant with his or her representative is required at this level unless waived by mutual agreement. 28 Fo Go 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 the department head's designee may, by mutual agreement, waive review of the grievance to the department head or the department head's designee. Arbitration of Grievance: In the event that the grievance is not resolved by the department head, the grievant may, within thirty (30) calendar days after receipt of the department head's decision, request in writing that the grievance be heard by an arbitrator. Informal Review by the City Manager: Prior to the selection of an arbitrator and submission of the grievance for hearing by an .arbitrator, the City Manager or the City Manager's designee shall informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The City Manager or the City Manager's designee shall have fifteen (15) calendar days in which to review and seek adjustment of the grievance. Selection of Arbitrator: The arbitrator shall be selected by mutual agreement between City Manager or the City Manager's designee and the grievant or the grievant's representative. If the City Manager or the City Manager's designee and the grievant or the grievant's 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 seven (7) qualified arbitrators. The City Manager or the City Manager's designee and the grievant or the grievant's representative shall then alternately strike names from the list until only one name remains, and that person shall serve as 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 Memorandum of Understanding or to revise, modify or alter in any respect any provision in the Memorandum of Understanding. 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 by the parties and to thereafter make written findings of fact and disposition of the grievance which 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 Memorandum of Understanding applicable to the grievance and the arbitrator shall not add to, subtract from, modify or disregard any of the terms or provisions of the Memorandum of Understanding. Payment of Costs: Each party to a hearing before an arbitrator shall bear his or her own expenses in connection therewith. Ail fees and expenses of the arbitrator shall be borne one-half by the City and one-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. 29 Lo 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. Non-Union Representation: In the event that an employee chooses to represent himself or herself, or arranges for representation independent of the Union, the department head and the City shall make no disposition of a grievance which is inconsistent with the terms and conditions of this Memorandum. In the event an employee shall elect to go to hearing independently under paragraph ~G" hereof, the Union shall have the right to be a full and equal party to such proceeding for the purpose of protecting the interests of its member under the terms of this Memorandum of Understanding. ARTICLE 19. APPRENTICESHIP. The Union and the City agree to continue the current Stationary Engineers Local 39 Apprenticeship Training Fund. Should management determine a 14th Operator position is needed, that position will be designated as an Apprentice position (one only). ARTICLE 20. REST BREAKS. Employees shall be entitled to one (1) fifteen minute rest break during each four (4) hours of an assigned shift. Such rest breaks shall not be accumulative and shall be taken at a time when the work schedule permits. ARTICLE 21. FREE RECREATIONAL CLASSES Each employee shall be entitled to free admission to City recreational facilities. Each employee shall be entitled to free enrollment in up to five (5) recreational classes during a 12 month period. Employees using City recreation facilities and enrolled in City recreation classes shall engage in such activities on the employee's time and recreation classes shall be accomplished in accordance with the rules and regulations established by the Department of Recreation and Community Services. ARTICLE 22. AUTOMATIC PROGRESSION. A. Treatment Plant Operator I to II. Should the City decide to reinstate the Operator I classification, the following shall apply: Union and City agree that all current employees and any future employees hired as Treatment Plant Operator I shall, as hereinafter provided, automatically progress to Treatment Plant Operator II. Current employees - Any employee currently employed as a Treatment Plant Operator I, who has in his/her possession a valid Grade II Wastewater Certificate issued by the State of California, shall be immediately advanced to Treatment Plant Operator II, in accordance with current City practice and the applicable provisions of this 30 Agreement. Any employee currently employed as a Treatment Plant Operator I or future employees hired as a Treatment Plant Operator I shall, upon receipt of a valid Grade II Wastewater Certificate issued by the State of California be immediately advanced to Treatment plant Operator II in accordance with current City practice and the applicable provision of this Agreement. Current employees and employees hired as a Treatment Plant Operator I, as a condition of continued employment, must obtain a valid Grade II Wastewater Certificate issued by the State of California within four (4) years from the effective date of this Agreement of date of hire as a Treatment Plant Operator I, whichever occurs later. ARTICLE 23. PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING. ao Continuance of working conditions and practices not specifically provided herein, shall not be guaranteed by this Memorandum of Understanding. Bo This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding, side letters, and agreements between City and Union. No changes in this Memorandum of Understanding or interpretation thereof (except decision of the Personnel Board and City Council in accordance with the applicable sections of this Agreement) will be recognized, unless agreed to by the City Manager and the Union. ARTICLE 24. EMPLOYEES COVERED. Provisions of this Memorandum of Understanding apply only to the employees represented in Unit D. ARTICLE 25. SEVERABILITY. Should any section, clause or provision of this Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for provisions rendered and declared illegal. 31 ARTICLE 26. TERM OF MEMORANDUM OF UNDERSTANDING. This Memorandum of Understanding shall become effective only upon approval by the City Council and upon ratification by the members of Unit D and remain in full force and effect to and including December 31, 1999. FOR THE UNION: FOR THE CITY: DATE: DATE: 32 SIDE LETTER CONTRACTING OUT WORK At such times that the regular workload may preclude the use of existing personnel to undertake special or emergency maintenance projects, Management will consult with Unit members prior to the contracting out of Unit work. Plant staff have been and will continue to be offered overtime opportunities as they arise. Management is responsible for monitoring the backlog of work to insure that staff resources are not overburdened. 33 SIDE LETTER SURVEY CITIES The City will use the below listed Cities for conducting salary/total compensation surveys. The data gathered is for information purposes. The average compensation of surveyed cities will exclude the survey agencies with the highest and lowest compensation. In addition, no average will be displayed if there are fewer than three comparable classifications for a given position. Of the listed cities, only those with waste water treatment plants will be used. Alameda Daly City Hayward Mountain View Pacifica Palo Alto Redwood San Bruno San Leandro San Mateo 34