Loading...
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: ~/~/~- ~