HomeMy WebLinkAboutReso 46-1988RESOLUTION NO. 46-88
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING AND APPROVING AN AGREEMENT
3ETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE
INTERNATIONAL UNION OF OPERATING ENGINEERS,
LOCAL NO. 39, AFL-CIO, UNIT D, FOR THE PERIOD
3ANUARY 1, 1988, THROUGH DECEMBER 31, 1990
WHEREAS, the City Council of the City of South San Francisco has
recognized the International Union of Operating Engineers, Stationary
Engineers Local 39, AFL-CIO, hereafter designated as "Union," as the
employee organization representing a majority of those employees
working in classifications in representation Unit D; and
WHEREAS, the representative of the City and the representatives of
the Union kave personally met and conferred and freely exchanged
information, opinions and proposals; and
WHEREAS, the representative of the City and the representatives of
the Union ~.ave reached agreement on those wages, hours and conditions
of employment which are to be in effect during the period January 1,
1988, through December 31, 1990, for employees in representation Unit
D; and
WHEREAS, the representative of the City and the representatives of
the Union have jointly prepared an agreement; and
WHEREAS, the City's representative recommends that the agreement
be accepted and approved by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
South San ~rancisco that it accepts and approves the agreement between
the City of South San Francisco and the Union, attached as Exhibit "1,"
which sets forth those wages, hours and conditions of employment to be
NOES:
in effect during the period January 1, 1988, through December 31, 1990,
for employees working in classifications in representation Unit D, and
which shall be binding upon the City, upon the Union and upon the
employees covered therein.
I hereby certify that the foregoing Resolution was regularly
introduced and adopted by the City Council of South San Francisco at a
regular meeting held on the 13th day of April , 1988 , by the
following vote:
AYES: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos.
and Roberta Cerri Teglia
None
ABSTAIN: None
ABSENT: C0uncilmember Jack Drag0
EXHIBIT 1 TO RESOLUTION NO. 46-88
/
AGREEMENT BETWEEN THE INTERNATIONAL UNION OF
OPERATING ENGINEERS, STATIONARY ENGINEERS,
LOCAL NO. 39, AFL-CIO, UNIT D, AND THE CITY
OF SOUTH SAN FRANCISCO
The parties having met and negotiated pursuant to Government Code
Section 350D et seq. do hereby agree to the following changes to the
Memorandum of Understanding in the terms and conditions of employment
from the date of this agreement to December 31, 1990:
Term: Except for the salary provisions, the terms of the
agreement will extend from the date of execution to December 31,
1990.
Wages: Article 6A, of the Memorandum of Understanding will be
expanded to include the following: "Effective with the pay period
including January 1, 1988, the salary schedule will be increased
by three percent (3%). Effective with the pay period including
January 1, 1989, the salary schedule will be increased by an
additional four percent (4%). Effective with the pay period
including January 1, 1990, the salary schedule will be increased
by an additional five percent (5%)."
Total Compensation Survey: The following statement will be
attacked to the MOU: "A total compensation survey to include
salary and benefits comprised of medical, dental, vision, life
insurance, and long term disability premiums, PERS retirement
contributions, holidays, and vacation at five years' service will
be conducted. The benchmark positions to be surveyed will be
Operator II, Laboratory Chemist, Source Control Inspector,
Maintenance Worker II, and Mechanic. The survey will be conducted
after July 1, 1988, and the results of the survey will be
implemented effective July 1, 1988, after consultation with the
Union. Related positions will. receive the same percentage salary
adjustments, if any, as the surveyed benchmark positions.
The purpose of this study is to ascertain if the above mentioned
positLons are compensated at a level which is equivalent to the
average of the compensation in the cities of Daly City, San
Leandro, San Mateo, and Redwood City (Treatment Plant operated by
South Bayside Systems Authority). Since South San Francisco
operates the treatment facility for the City of San Bruno, San
Bruno will not be surveyed."
4. Vacation: Article 13 A of the MOU will be revised as follows:
"A. Vacation Leave. Commencing January 1, 1988, regular full-
time employees shall accrue vacation as follows:
Length of Service
First through Fourth
years, inclusive
Fifth through Fourteenth
years, inclusive
Accrual Rate Per
Bi-Weekly Payperiod
4.62 hours
6.16 hours
Approximate
Annual Equivalent
15 days
20 days
Fifteenth through Twenty-Fourth
years, inclusive
7.69 hours
25 days
Twenty-Fifth and Succeeding Years
9.23 hours
30 days
5. Sickleave: Article 14A of the MOU will be revised as follows:
A®
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 benefits within the
limits set forth below.
B. Amount of Sick Leave:
Effective January 1, 1988, each employee will accrue one day
per month of employment for purposes of sick leave. Such
Leave may be accumulated without limit.
in addition, on January 1, 1988, each employee will be
credited with an amount of sick leave which would have been
accrued during the period of the 90-day sick leave plan,
.Lncluding the deduction for any actual usage; beginning
January 1, 1977.
For purposes of this calculation, a deduction will be made
for family sick leave, but not for bereavement leave or
industrial injury leave. Any employee who receives a minus
balance after this calculation is made, will have his/her
balance adjusted to zero (0) effective January 1, 1988.
Any employee who has a zero (0) balance effective January 1,
1988 can be advanced up to a maximum of eleven (11) days of
sick leave after exhaustion of all accrued sick leave during'
calendar year 1988 only.
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. 2.
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 or her absence from employment. Sick leave is not a right or
privilege to be used at the discretion of the employee.
1. Notification:
The employee must notify his or her immediate supervisor
prior to the commencement of the daily work period for which
compensated sick leave is sought.
2. 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.
be
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 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.
Ee
Payment of Unused Accumulated Sick Leave for Employees who
Accum'~late Sick Leave Prior to the Discontinued 90-Day Plan
Eligible Employees: An employee who had accumulated and
unused sick leave hours on record under the discontinued sick
leave accumulation plan, shall be eligible to receive payment
under this provision.
Number of Hours Payable: An eligible employee shall receive
payment for fifty percent (50%) of the unused sick leave
hours on record, up to a maximum of nine hundred and sixty
(960) of such recorded hours (maximum of 480 comparable
hours), for the accumulation through the pay period which
included January 1, 1977.
3.
Time of Payment: An employee or an employee's beneficiary
skall become eligible to receive payment for unused sick
leave hours either: (1) upon the death of the employee, (2)
upon the retirement of the employee, or (3) within three
months from the date of the signing of this Agreement.
Payment may be made at the time of an employee's death or
retirement or may be deferred to the first payroll period in
the calendar year immediately following, at the option of the
payee.
paymenc of Unused Accumulated Sick Leave Accrued after January 1,
1988
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 De paid for one-half (1/2) of the accumulated sick leave at
the tine of separation, retirement or 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.
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 or 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 or her period of temporary and/or partial disability and
necessitated his or 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 or 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
4.
Se
application for Long-Term Disability Insurance benefits in
accordance with the requirements of the City's Long Term
DLsability Insurance policy.
The elimination period for the Long-Term Disability Insurance
Plan will be reduced to thirty (30) calendar days effective
January 1, 1988. 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:
Whether the employee's disability from performing the full
scope of the usual and customary duties of his or her
classification is permanent and stationary, or
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 or her classification is such that there exists a
probability of complete recovery within a period of three
~.undred sixty-five (365) days, or a reasonable extension
thereof.
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 or her
classification is permanent and stationary, then the City may
retire the employee or otherwise separate the employee from
~he City's service or position in his or her classification~
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 or her classifica-
lion is such that there exists a probability of complete
ecovery within a period of three hundred sixty five (365)
ays, or a reasonable extension thereof, then the City may
rant the employee a leave of absence without pay for a
eriod 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 or 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 or her classification
at such time as the employee's condition becomes permanent
and stationary. 5.
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
~ualifies.
Insurance Premium Payment: The City will continue to pay
insurance premiums on behalf of a disabled employee and his
or 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."
Health Insurance:
follows:
Article 15 A of the MOU will be revised as
"A. Health Insurance. The City shall provide a fully paid health
insurance plan at the current benefit level for employees and
their eligible dependents with the option available to the
employee to select the plan known as the Kaiser "S" Plan, the Bay
PacifLc Health Plan, the Blue Shield Preferred Plan, or other
health plans offered by the City subject to the terms and
condiuions of the City's contracts with health insurance carriers.
Ail employees in the Blue Shield major benefits plan agree to
transfer into other plans currently offered, effective July 1,
1988, after representatives from other plans meet with employees..
At that time, the Blue Shield major benefits plan shall be removed
from ~he list of medical plans offered by the City for members of
the Unit."
Certification Premiums. Article 6 B.1 of the MOU will be amended
by adding a new subsection d. as follows:
"d. Effective January 1, 1988, an employee in the classification
of Laboratory Chemist who has successfully completed the
California Water Pollution Control 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 B."
Light Duty. Article 14 A. of the MOU will be expanded to include.
a new Section 8 as follows:
"8. 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 wcrk sooner to prevent deterioration of skills, facilitate
6.
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.
2. Determination/Required Reports:
ao
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.
Ce
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 Assignments - Definitions/Restrictions:
Light duty assignments may consist of reduced work hours,
limited work or any combination thereof.
Light duty assignments will not adversely affect the
employee's normal wage rate.
Light duty assignments will be within the employee's
assigned department and will involve work which is
consistent with the duties of the employee's
classification.
De
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 the 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 n
that work unit work holidays, so shall the light duty
employee. Compensation for holidays shall be in
accordance with applicable Memoranda of Understanding.
Be
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 the full duties of his/her classification."
Temporary Assignment to Higher Level Position
Artic2e 6, Section H of the MOU will be expanded by adding
subsection 1. as follows:
"1. TemDorary Assignment to Higher Level Position. Except for
first-line supervisory positions and above which are governed by
the provisions of 9. 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."
10.
Discretionary Benefit Option. Article 15 of the MOU will be
expanded to include a new Section H. as follows:
"H. Discretionary Benefit Option: Employees who can demonstrate
to the City's satisfaction that they have medical coverage
elsewhere may elect, once each 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 o~.en enrollment period for medical plans, or at another time
durinq 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 or City participants; Bay Pacific X the number of City
participants; Blue Shield X the number of City participants) = the
weighted average for health insurance."
11.
Unit Designation. The Preamble, Article 1, and any other
reference in the Memorandum of Understanding which refers to the
Unit &s Unit "4," will be changed to refer to the Unit as Unit
"D."
For the Union
Date:
Date: ~/~/~- ~