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HomeMy WebLinkAboutReso 81-1985RESOLUTION NO. 81-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS LOCAL 39, AFL-CIO, UNIT 4 FOR THE PERIOD JANUARY 1, 1985 THROUGH DECEMBER 31, 1987 WHEREAS, the City of South San Francisco City Council has recognized the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO as the employee organization representing a majority of those employees working in classifications in representation Unit #4; and WHEREAS, the representatives of the City and the representatives of Local 39 have personally met and conferred and freely exchanged information, opinions and proposals; and WHEREAS, the representatives of the City and the representatives of Local 39 have jointly prepared a written Memorandum of Understanding; and WHEREAS, the written Memorandum of Understanding has been accepted by the membership of Local 39; and WHEREAS, the City's representative joins with Local 39 representatives in recommending that the written Memorandum be accepted and approved by the City Council; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts and approves the Memorandum of Understanding which is attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth verbatim between the City of South San Francisco and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO which sets forth those wages, hours and conditions of employment to be in effect during the period January 1, 1985 through December 31, 1987 for employees working in classifications in representation Unit #4 and which Memorandum of Understanding shall be binding upon the City, upon Local 39 and and upon the employees covered therein. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to endorse on Page i and on the signature page of said Memorandum of Under- standing the following: "Approved by City Council Resolution No. 81-85 adopted April 24, 1985 ". * * * 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 24th day of April , 1985, by the following vote; AYES: NOES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teqlia None ABSENT: None -2- 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 ~,ages, hours and con~ ditions oF employment which are to be in effect durin§ the period of January 1, 1985 through December 31, 1987, for those employees working in classifications in representation Unit #4. ARTICLE 1. RECOGNITION International Union of Operating Engineers Local Union No. 39, AFL-CIO, hereinafter referred to as the "Union" is recognized as the majority represen- tatives, as provided in City's Resolution t35-79 adopted December 4, 1979, for all employees in classifications assigned to Unit 4. 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 con~ dition of employment, be governed by the following agency shop provision: 1. A Probationary or permanent employee who was employed on November 11, 1982, and had duly authorized membership dues deductions in effect, shall, as a condition of employment maintain said dues deduction and Union membership for the term of this agreement except that during the last 30 calendar days of this Memorandum of Understanding, said employee may revoke said membership and authorization for dues deduction. Revocation shall be in writing and directed to the Finance Director during the last 30 calendar days of this Memorandum of Understanding. Said revocation shall take effect beginning the first day of the next full paY period following expiration of the agreement. The Ci'ty shall provide the Union with a listin§ 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 30 calendar days from the date of hire, one of the following payroll deductions: "APPROVED BY CITY COUNCIL RESOLUTION NO. 81-85, ADOPTED APRIL 24, 1985" a. Union Dues or b. Agency Fee t--~ equal 9~% of U~ion Dues or c. Charitable contribution to (~qual AgencTFee. 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 Nay of the Bay Area 2). Combined ltealth Agencies Drive (CHAD) 3). South San Francisco Boy's and Girl's Club The City a§rees to make a good faith effort to advise the Union within 10 business days of a new hire. An employee who opts for Union Dues shall not be permitted to change or terminate such deduction.. At any time with proper aui~horization~ an e~.nployee who opts for Agency Fee shall be permitted to change to Union Dues bu~ not a Charity. ?.,n employee w~o opts 'For a Chari%y shall be permitted to chaF!§e to Agency Fee or Union Dues. No employee covered, by this provision shall be required to pay any dues, fees or charitable contributions d~ring an unpaid leave of 30 days dura- tion or longer if said employee is on said leave due to the exhaustion 'of all paid leave benefits for which the employee is eligible° The following steps shall be followe~ in Order to enforce this provision for employees who fail to comply with the requirements of Article 2, Section A. The Union shall notify the City~ in writing~ of the name of the employee who has failed to comply and make a demand upon the City to' enforce this provision and to collect amounts due under this provi- sion commencing with the receipt date of the Union letter but not for any amounts covering time preceeding'the Union demand letter. The City, within 5 business days, shall in writing advise the employee of the requirements of Article 2, Section A and that the employee has 5 business days to comply. Within 5 business days the City must, in writing, notify employee that if the employee does not voluntarily comply with Article 2, Section A that the A~ency Fee will be automatically deducted from the employee's paycheck. If, within 5 business, days~ the employee does not comply, the 'invo- luntary deduction of the Agency Fee shall commence retroactive to the receipt date of the Union demand letter under step a~ 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 an~ void and subject to renegotiation. All ether provisions of this Article shall be governed by Article 2q-Severability. The Union agrees to indemnify and hold harmless the City and all offi- cials, employees and agents acting on its behalf, from any and all claims, actions, damages, costs or expenses including all Attorneys fees 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. COMMUNICATIONS WITH EMPLOYEES. The Union shall be Provided reasonable space on bulletin board~ at~eac--~rk 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 matter.~: '~,ithin the scope of rep~esen- tation proposed to be adopted by 'the City, and shall be given the opportunity to meet with appropriate management representatives prior to adoptioF~. If public safety, welfare or an emergency requires any of the said acts by the City without such notice, the City may.take such action and con~ currently therewith give notice thereof, which affords the Union a reasonable time thereafter within which to meet with management representat~ves~ ARTICLE 3. MANAGEMENT RIGHTS A. To insure that the City is able to carry out its constitutional and statutory functions and responsibilities, nothing contained herein shall be construed to require the City to meet and confer on matters which are solely a function of management, including but not limited to the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to subcontract any work or operations; to dete~ine 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 perfo~:~ .its functions in emergencies. MEDIATION. City and Union agree that the matters provided for mediation in the attached Appendix "A'~ shall be submitted to mediation within a reasonable time. ARTICLE 4. NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual preference, marital status, ancestry or legitimate union activities, as defined by Myers-Milias-Brown Act, against any employee or applicant fc employment by the Union or by the City or by anyone employed by the City; and to the extent prohibited by applicable state and federal law, there shall be no discrimination because of age. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents · the person from meeting the minimum standards established. ARTICLE 5. UNION STEWARDS AND OFFICIAL REPRESENTATIVES The Union shall be en%itled 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 s. hall notify the City Manager in writing, of the names of the Stewards. Stewards shall obtain permission from their supevisor I)efore leaving their work stations to resolve grievances and shall report back to their super- visor before ret~rning to their work stations. This provision shall not be used to prevent the Ste'~:ards from performin§ their duties ~r obligations set f'orth in this Article, provided ho,~'ever, that the use of time for this purpose shall be reasonable .and shall not interfere'with the requirements of the City's services, as detemined by the City. In the event the City determines that "Stewards" are abusing the provisions of this Article, the Union agrees to meet with the City, immediately~ to investigate the City's complaint and to .assure full compliance by Stewards with the provisions of this sub~section~ Whenever an employee is required to meet with a supervisor or management offi~ cial and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the employee shall be entitled to have a Steward and/or Union Representative pr('~sent upon request, in the event the employee desires the presence of a Uni(~ Representative, the City will contact the Representative and arrange a mutually acceptable time and day to hold the meeting. Once scheduled~ the City shall not be required to reschedule the meeting for the convenience of the Union Representative. REPRESENTATIVE OF THE UNION The Union shall provide the City with a writ- ten list (not to exceed two (2) individuals) of their authorized represen- tatives and any changes thereto. An authorize:~ 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/Di¥ision 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 due. s,. 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 -authorizatfo~'--f-66-m the employee~ the employee's representative, shall have access to the employee's file upon request. -4- SALARIES ............... A.' WAGE RATES. .Wage rates' for each step in the salary schedule shall be as set forth in ,. Appendix B. PREMIUMS. 1' Premium for Certification. a. An employee in the Classification of Operator II who has sucessfully 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 B. b. Effective January 1, 1987, an employee in the classification of Maintenance ~!orker II who has successfully completed the State of' CaliFornia ex,~;}ina'tion and ~iho.possesses a Grade II Certification.in ~,~echanical Technology shall be compensated at a rate 3% higher than the rate for.which the employee qualifies pursuant to the salary schedule in 'Appendix B~ c. Effective January 1~ 1986~ an employee in the classification of Maintenance Worker who has successfully completed the State of California examination and who possesses a Grade IV Certification in Mechanical Technology shall be compensated at a rate 2.5% higher than the rate for which the employee qualifies pursuant to the salary schedule in Appendix B. 2. Premium for Lead Maintenance Worker. A Maintenance ~lorker II who is assigned to the i_~ad Maintenance ~-6-~ker responsibilities shall be pensated at a rate 2]/2% higher than .the rate for which the Maintenance Worker II qualifies pursuant to the salary schedule in Appendix g. No more than one (].) Maintenance Worker.ii shall be assigned to Lead Maintenance duty. Assignments to Leaa Maintenance Worker duty shall be annually rotated among the Maintenance Worker !I's in order of Seniority. CITY PAYMENT OE EMPLOYEE'S CONTRIBUTION TO P.E.R.So Commencing with the pay period which includes July 1, 1982, the City agrees , to assume the payment of seven percent (7%) of the employee s base salary to PERS in lieu of the employees contribution~ For clarification~ the employee's contribution to PERS will be reduced by the city from seven per- cent (7%) to zero percent (0%)~ The City's assumption of the employee's pa~ent to PERS shall be under the authority of-this ~lemorandum of .Understanding and any applicable provision of State Law which permits such payment without amending the retirement contract ~ith PERS. RETIREMENT CONVERSION OF CITY CONTRIBUTION. It is understood that emp'Toyees who ~re,-or will retire with a service or disability retirement, shall be allowed to make a one-time, irrevocable con- version of the City's contribution, being made on their behalf, to base salary. The conversion shall be calculated as follows: Employee's Base Ho~-Converted Hourly Rate x 1.07 == Employee's l~ase Hourly Converted Rate. In establishing the actual converted rate per hour, fractions of one cent with a value of 5 or greater shall increase 'the hourly rate by one cent. Employees. who wish to exercise this one-time, irrevocabl'e conversion, must meet the following ServiCe requirements: -5- .1. SERVICE RETIREMENT: Minimum forty]seven (47).years of age, and will be ~eti~ing no atl-a-t?f-.r'than (3) years from date of conversion. DISABILITY RETIREMENT: IIndustrial or Non-Industrial): Eligib]e for disability retirement with conversion to take place one day prior to the actual date of retirement, or the date upon which an employee's disabi- lity is determined to be permanent and stationary and/or the date that an application for disability retirement is made, whichever occurs first. Employees who have converted %he City payment of the employee's contribution" to PERS and do not retire on the date specified to the City at the time of conversion~ shall owe to the City the increased costs incur~ed by the City includin§ but not limited to benefit cont~ibutions, overtime, holiday pay~ and City contribution to PERS from the time of conversion to the actual date of re'~i remen t,. SALARY PLAN ADMINiSTRATIO~, ORIGINAL APPOINTMENT. ~he Salary for a new employee entering City employment shall be the minimum or first salary step for the classification to which the employee is appointed pro~ided~ however, that the City Manager may, when circumstances so warrant, appoint at ether than the first step, Whenever an employee(s) is recruited (excluding reinstatements and re-employments~ for a position at other than the first step, all employees in the same classified position in steps below the recr~.iim~ent step ?,hall be raised to the step at which the new employee(s) was recr[!ited. SALARY PLAN ADMINISTRATION, ADVAI..ICEMENT WITHIN SALARY RATES. Employees appointed at the first~tep ("A") shall be eli[.~ble for advan- cement to the second step ("B") of the specific salary range six (6) months after original appeint~ment, provided that the employee's perfonT~ance 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. ~henever the schedule of compen- sation for a classification is revise~C, 'each incumbent in a position to which-the revised schedule applies~ shall be paid at the same step in the revis'ed rates as the step at which the employee was paid in the previous rate. SALARY PLAN ADMINISTRATION, SALARY STEP AFTER PROMOTIOH OR DEMOTION, When employees are ~)romoted,. t~ney shall rece-~ve not I~-S'~ tha'n t.~-~ equivalent of a one-step, five i]ercent (5%) salary increase. }Rhen an employee is demoted, whether such demotion is voluntary 'or other- wise~ the employee's compensation shall be adjusted to the salary prescribed for the classification to ~'hich the employee is demoted and unless otherwise provided, the specific rate of pay within the rate shall be determined b? the City'Manager; provided, however~ that an employee demoted as a result of -6- '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 demoti-~ to a classification previously held from a classification within the same ~eries, the employee sha'll be placed at a step commensurate with length of service in both classsifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification which the [:~ployee held last and the service time at such s'Lep shall be the same as the service time held previously at such step. TE~PORARY UPGRADING: LIKE ~ORK 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 d-ay of said assignment° Fi'rst~line sL~pervisory employees.~ and above, assigned to duties of a higher classification shall not be paid the salary of the higher classification unless tk~ey 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. SALARY PLAN, PAY PERIODS° Employee'~ shall be paid bi~weekly~ unless mutually a§reed ,to by the City and Union. LONGEVITY PAY PLAN. Permanent full-ti~e employees shall be eligible for lor~gevity pay in accor-- dance with the following schedule: LENGTH OF CONTINUOUS SERVICE 10 to 14 years, inclusive 14 to t9 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 LONGEVITY PAY/MONTHLY $10 ~00 15.00 20.00 30 40 ~00 50.00 60.00 ' ARTICLE 7 PROBATION PERIODS. Duration. All original and promotional appoint~;ents shall be tentative -and' subject to a probationary period of not less than twelve (12) months of actual service from the date of probationar, y appointJment or promotion. An employee who is laid off and subsequently a~.~-)ointed as a result of certification from an employment eligible list to a position of a different classification than that from which laid off, shall undergo the probationary period prescribed for the classsifications to which appointed. Former probationary employees appointed from a reinstatement or re-employment 1 ist 1,~ust serve the remainder of the probationary period in order to attain permanent status. Employees who transfer to another division shall be required to undergo a new probationary period in the position into which transferred. If unsuccessful in the new pro- -7- bationary 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 proba- tionary 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 provide in Article 18 (Grievances) hereof, unless the employee alleges that the termination was due to discrimination prohibited by City~ State and Federal statutes or regulations? If such discrimination is alleged~ appeal or grievance shall be decided solely, on the basis of whether or 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 of the appointing authority. Promotional Probation. An employee who has previously completed the requisite proba'tio~nary 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, PRO|lOTION. Transfer. An employee may be transferred by the City ~4anager from one posi'tl6~ 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 exan~ination on an employment list~ Closed promotional appointments shall be made from the first four (a) 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'P-ersonnel Board. Employment lists shall remain in effect for one (1) year, unless sooner exhausted and may be extended~ prior to their expiration dates, by action of the Personnel Board for additional three (3) months periods, but in no event shall the list be extended for more than one additional year~ If an appointment is to be made from an open-competitive list~ the names of all persons on the list shall be certified. -8- .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 (61 busi- ness days from mailing, if a subsequent report of an investigation is unsat- isfactory, or if the person has been passed over for appoinlynen.t three (3) times. A candidate who rejects an offer of employment shall be removed from the employment 1 ist. Time Off for ExaminatiOn. Promotional examinations scheduled by the City during an' employee's renu!ar working hours may be taken ¥~ithout loss of compensation ~ ARTICLE 9. REDUCTION IN FORCE/LAYOFFS AND RE-EhIPLOYMENT ........ tn~ ~ f 'Lhe City Coltnc-il ro,~ncJl {)~=r-m-ini,,tion ~henever, in jttdg~'~en,, o becomes necessary'ln--ifhe interest of economy or because the necessity for the position or employment involved no longer exists,, the City Council may abolish any position'in the competitive service and layoff~ reassign, demote or transfer an employee holding such position or employment and same shall not be deemed a disciplinary act or act requiring written charges. The appointing authority may likewise lay off an employee in the competitive service because of ~.'~aterial change in duties or or. ganization~ or shortage of work or funds. Seniority° Seniority, for the purpose of layoff, is defined as. length of con- tinuous full-time employment within the service of the City, except for service on a provisional and temporary status Seniori%y shall be retained, but shall not accrue during any period of leave ~ithout pay, except for aut'.~orize~ military leave granted pursmant to California State Military and Veteran' s Code. Order of Layoff. ~hen one or more employees performing in the same class in a City department are to be laid off (provisionals and te~.~oraries therein having already been terminated), the order' of layoff in the affected depart- ment 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~ ~lhenever two or more employees have identical classificatio~'~ 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, Ihe employee's representative· shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circumstances requiring the lay off and any proposed alternatives which do not include the consideration of the merits, necessity, or orga- --9- .ization of any service or activity. The provisions of Section E immediately below must be requested by the employee, in writing, five (5) working days prior to the effective date of lay off. E. Reassignment in Lieu of Layoff. 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 departq}ent~ Former Classification: In the event there are no vacant positions in the same classification in any department, an employee will be offered a vacant position in any classification at the same or lower salary level in ~hich 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'l or 2, the employee shall have the opportx~nity,~ upon request, to be assigned to any classification in the. department at the same or lower salary level in which he/she meets the minimum qualifications and a regular lay off pro- cedure in the same or'lower salary level shall apply~ Employees transferred, reassigned~ or demoted under this Section will be assigned to a step in the new classification salary range closest, but not exceeding, the employee's salary at the time of reclassification. F. Lay Offs~ In the event that an employee is not reassigned in lieu of layoff as in Section E rbove 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 2. Laid off employees are to be paid for accrued vacation and sick leave in accordance with Section 14ol (g) when separated as a result of a layoff. G. 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 lai~ 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 ctassificati6n from which the lay off occurred, in order of seniority.. Vacant positions in such classifi- cation shall be offered to eligibles on the re-employment list who qualify for such vacancies prior to an open or promotional recruitment. Ho 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 -10- reinstatement or re-employment within a classification shall cause the name to be dropped from the l~st. 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 a reinstatement or re-employment.list. Individuals who do not meet current employment standards (i.e., medical, licenses, etc.), shall have their names removed from either a reinstatement or re-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. RESIG]~ATION AND REINSTATEMEHT Resignation~ An en]ployee desiring to 'leaYe the City in good stan~!ing 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° Reinstatement. A permanent employee who has resigned in good standing may be reins~-~-{~-d-within t~,~o years of the 'effective date of resignation. Such reinstatement may be to a vacant position in the employee's former classifi~ cation or to one in a comparable classification which does not carry a significantly higher rate of pay and which the employee is qualified to per- form° Reinstatement shall be made at the salary step approved by the City Manager~ The reinstated employee' will serve the designated probationary period for that classii:ication at which the employee is reinstated. ARTICLE 11.. HOURS OF WORK, OVERTIME ~,Iork Day, Eight consecutive hours of work shall constitute a regular Nvork shift except that they may be interrupted bY a 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. Work Schedule. Work schedules sho~.~:ing the employee's shifts~ work days and hours shatl--6-e posted.on the employee bulletin boards at all times. Except for situations where the City determines an emergency exists, changes in work schedules shall not be made until the employee and his or her repre- sentative have been given reasonable opportunity to discuss said changes with the appropriate management representative. Work Schedule: Sewage Trea~J,~ent Plant. Employees assigned to the Sewage Treatment Plant shall work in accordance ~ith the schedule provisions of Exhibit "C." -11- '[he City and the Union agree that a Committees to be composed of 2 Union men':~-~rs and 2 City Management members, will study the current work schedule and possible alternative work schedules between now and December 31, 1986. Upon completion of the study, the work schedule provided for in Exhibit "C" may be modified as proposed by the Committee provided that both the the City and the Union agree to such a modification. Overtime. Authorized work perle, reed by an employee in excess of their sche- duled workday or workweek shall constitute overtime except as otherwise, pro- vided. An employee required to work in excess of their schedNled hours of work shall be cc~mpensated'for each overtime hour so worked at the r'ate of on(: and one-half (11/2) times the employee's base rate of pay. No fo~,n of time payment shall be made where time worked prior to the beginning of a sh~t or follov~ing.c~mpletion of a shift is less than t',,.~e.lve (I2) mind, res duration° Employees may~ at their option, receive pay for such overtime hours or may accumulate compensatory time at the rate of i~ime and one-half (11/2) up to an equivalent maximum of twenty-four (24) ho~rs 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 con- ditions as wilt not interfere with the minimum mannin.(~ and continued func- tion of their particular department or operation~ ARTICLE 12. HOLIDAYS. A. Authorized Holidays. The following are the authorized holidays: (1) January 1 (2) Third Monday in'February (3) Last Honday in May (4) July 4 (5) First Monday in September (6) Second Monday in October (7) November 1t (8) Fourth Thursday in November (9) Fourth Friday in November (10) December 24 (four hours) (11) December 25 (12) December 31 (four hours) (13) One Discretionary Holiday* (New Year's Day) (%~ashington's Birthday) (Met;~ori al Day) . (Independence Day) (Labor Day) (Columbus Day) (Veterans I)ay) (Thanksgiving Day) (Day following Thanksgiving) (Four hours of workday preceding Christmas Day) (Chri simpas Day) (Four hours of workday preceding New Year's Day) *Each employee shall be entitled to one paid boll(lay each calendar year~ which holiday may be taken at' the discretion of the employee, and must be used by December 12, 1985, December 11~ 1986 and December 22, 1987, subject to prior approv--a]' of the department ~-e-~il. Employees s-6all 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. ~lhen any of the aforemen- tioned holidays fall in a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the pre- ceding Friday. B. 'Holiday Pay. Regular full-time employees except for personnel assigned to continuous operations, shall be entitled to observe all authorized holidays at full pay, not to exceed eight (8) hours of any one (1) day, provided they are in paid status on both their regularly scheduled ~.;orkdays 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 ~d~o a're unable to do so due to a job~relat~d 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 i/'~ness or to an injury unrelated to the job shall also be compensated for the holiday pur- suant to this provision provided that he submit to the deparim~ent head a doctor's certificate verifying the illness or injury. Work Performed on a Holiday~ 'Except for employees assi.q,~-~ed to continuous operations or as provided in Section 12.4., any regular frill-time empleyee who is required to work on any authorized holiday, in addition to receiving . regular pay for such holiday, be paid at the overtime raise. Joint Se~'er Plant - Holiday Staffing. In additions t.o the personnel 'assigned' in 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 fotlo~,ing Thanksgiving, said two additional employees to be compensated at holiday pay co~¥~puted as follows: Straight--time for the holi~. day and straight-time for the additional hours worked. Yhe assi§nment shall be made by the Superintendent of Sanitation, first relying on volunteers, and if there are no volunteers~ then on a rotational system established by the Superintendent of Sanitation~ ARTICLE 13. VACATIOH LEAVE. A. Vacation Leave. 'follows: Reg~.,lar full-time employees shall accr~e vacation leave as Length of Continuous Service ~-i-f~-t--ful 1 four years After 4th year After 14th year After 24th year Vacation Ho~lrs Accrued Bi-~,~eekly Annual !Lquival ent 3,08 10 days '~ 4.62 15 days 6.16 20 days 7,-69 25 days Deferral. An employee may, with the approval of the Depar~]ent Head and City Manager, defer one (1) work week of his vacation leave to the suc- ceeding calendar year. The employee shall, file written request to defer with the Depari~nent Head. If the requirements of the service are such that an employee cannot take all of his vacation to which he is entitl'ed in a calendar year, he may defer, with the approval of the department hear, the unused portion to the following year, provided that no I,~ore than thirty (30) working days of vacation can be accumulated. Deferred vacation which is not taken during the calendar year immediately following the calendar year' in which the vacation leave was deferred shall be compensated for. C. .Scheduling. The times during the year at which an employee shall take vaca- -t-ion shall be determined by the deparimlent head ~ith due regard for the wishes of the employee and particular regard to the needs of the service. Pay Upon Termination. Employees separating from the City Services shall be paid at their cur~-~-t 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. Permanent and probationary employees in Unit 4, except those who work less than ful. 1 time, shall be entitled to receive base salary for a period o? ninety (90) calendar days froi~ 'the commencement of a g~ven illness or disability as compensated for sick leave. Said compensation is in lieu of any amounts employee is entitled to receive for ~orkers' Compensation or 6ther income supplement sources existing by reason of the employee's empl%~ent by the City. In consideration of receiving said base salary for said period, employee assigns to City all rights to receive Workers' Compensation or other income supplements arising by by reason of employee's employment by CitY. In addition, during said ninety (90) calendar days, City will provide previously agreed upon health, dental and life insurance~ lFhe City will provide previously agreed upon health, dental and life insurance. The City will also pro- vide long term disability insurance for said en'~ptoyee which insurance shall provide, subject to terms and conditions contained therein, for the payment of two-thirds (2/3} of base salary after the expiration the ninety (90) calendar days described above. ° After the expiration of nir;ety (901. calendar days from the commencement of a given disability Or illness, the City will pay the employee~ at the employee's option, any accrued vacation time. The City will also con- tinue to pay previously agreed upon premiums for such employee on all health, dental and life insurance until the date of separation~ At any time after the expiration of nineLy (90) calendar days and before the expiration of three hundred sixty-five (365) calendar days from the commencement of a given disability or illness, the City has the right to review the case of the individual employee and either separate the employee from the City's service or continue employment beyond three hundred sixty-five (365) calendar days, After the expiration of three hundred sixty-five (365) calendar days, and before the expiration of three hundred sixty-five (365) calendar days from the commencement of a given disability or illness, the City has the right to review the case of the individual employee and either separate the employee from the City's service or continue employment beyond three hundred sixty-five (365)calendar days. 5. Entitlement to use of Sick Leave: To be entitled to use of sick leave, the employee .must satisfy all of the following conditions. -14- The employee must notify his/her supervisor prior 'to the co.~men- cement of the shi'Ft for ;.~'hich compensated sick leave is sought, in accordance wi th departmental policy. Each employee on sick leave (for personal disability) must produce evidence satisfactory to the City describing the nature of the illness, and such evidence may be in the form of a personal affida- vit or shall be in the form of a certification by a medical doctor if requested by a supervisor with prior notice to the employee. is the employee's responsibility, if requested by the supervisor~ to provide medical reports on a scheduled basis and/or to keep the supervisor apprised of his/her whereabouts at all times during the working day. If the employee is itl or disabled for more %hah thirty-nine (39) work hours, the employee shall p]~resent to the City, before ret~]rning to work, a certification by a medical doctor describing 'that %he e,,q?loyee has recr~vered stlf'Ficiently 'to light duty or has recovered fully.and is able tc~ percent, regular work without any restrictions~ Notwithstanding the foregoing sections, the City reserves the right to take such action as it deems necessary to confirm or verify actual illness or disability. "Sick leave" as used herein~ is defined as the period of time during which the employee suffers actual personal illness or disability which necessitates his absence fro~,~ employment. Sick leave is not a right or privilege to the used at the discretion of the employee~ Employees shall not be entit!e~ to accumulate unusec~ sick leave. In accordance with the City's Personnel Rules and Regulations in effect as of July 8, 1975~ each employee will be entitled to payment upon leaving the City's service or upon request may defer such payment for a period of time not to exceed three !~tndred sixty-five (365) calendar days, for sick leave accumulated prior to January 1, 1977, at %he e~'~aployee's existing salary for fifty percent (50%) described herein, then such man- dated percentage shall uspersede the percentage described herein. This sub-paragraph restates the provisions contained in the Memoranclum of Understanding dated the 8th clay of July, 1975.~ approved by Resolution No. 95-75~ adopted by the City Council on the 8th day of July, 1975, and the restatement herein does not modify the meaning or application thereof. B. Medical Appointment Leave. An employee shall be entitled to receive authorization for' leave, without loss of pay, for appointment with medical doctors or dentists. Such leave shall be authorized only for the actual time necessary for the appoin'bment and for traveling to and from the appoini~ent. Employees ahsll 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. -15- C..Family Leave. An employee may use up to twenty-four (24) hours per calendar year in 'order that s/he may care for a sick or injured member of his/her imme- diate 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 me~ber 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 proced~.,res wilt continue to be used~ provided the City reserves the right to take st~'ch actien it deems. necess~,,ry to con'Finn or verify use of this leave,. Berevement Leave. Each' employee may take leave without loss of pay for the purpose o~' atten(iing the funeral of an? i~ember of his immediate family, as defined hereinafter, for the pe~iod of three (3) workdays per occurrence ~ithin the the State of California. Definition of Immediate Family. As used herein, '~immediate family" is define~l 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 }qanager may grant the above described leave in the event of the illness or disability or funeral of someone other .than those person designated if, in the City Manager's opinion, there exists an extraordinarily close relationship between the employee and such person~ D. Leaves of Absence. The City Council may grant an employee in a permanent position a leave of absence without pay or benefits not to exceed one (1) year. 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 ~'ritin9 and must be approved by both the depari~}'~ent 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 for discharge. E. Maternity Leave. Leave shall commence upon certifica;~:ion from the employee's attending physi- cian 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. ~lhere such transfers have by practice, policy or negotiated agreement been granted for temporary disabilities -16- .other than or negotiated agreement been granted for t~mporary disabilities other than pregnancy, the transfer of the employee shall be accommodated. ~here temporary transfers have not been granted under other circumstances, the employee s request will be approved only if it can be reasonably accom- modated. Where temporary transfers have not been granted under other cir- cumstances, 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 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 he,~ 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 cou!d otherwise be, temporarily transferred, the employee.may be required to undergo examination by a second physician. Th~ cost. of th-is exa~ninai';ir:~n shall be paid by ti~.~ City and shall not ordered without pr-ior apprc;val of the appointing aut>~ority. The employee shall b~ entitled to utilize sick leave benefits on the same basis as other classifi'-! employees who are temporarily disabled due to a non-industrial illness (~r injt~ry. 1,1hile the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance.and retirement coverage. Upon expiration of the approved leave, the employee shall be reinstated to her former position or 'to a comparable one if the. fondler position is abo~ lished during the period of leave and the employee would otheFwise not have been laid off~ Prior to the employee being reinstated, 'the depart~ent head may require a statement from the attending physician the employee is physi- cally capable of resuming the regular duties of her position. An employee may request a leave of absenc'e as provided under Section 14.~ at the conclusion of her disabi!ity~ F. Military Leave. Military leave shall be granted in accordance with the provisions of appli- cable 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, too determine when such leave shall be taken. Department heads may modify the employee's work schedule to accommodate the requirements applying to the leave. ARTICLE 15. HEALTH AND WELFARE PLANS A. Heall:h Insurance. The City shall provide a fully paid health insurance plan at the current benefit level ~or employees and their eligible dependents with the option available to the employee to select the plan known as the Kaiser "S" Plan or the Bay Pacific Health Plan. -17- Open Enrollment. The self-insured program of dental care benefits existing as of August 17, 1977, shall be continued during the term of this ~.~.emorandum ef Understanding. The cost of such plan for employees and their eligible dependents shall be fully paid by the City. C. Vision Care Plan. The Group Vision Care Plan, dated January, 19785, designated VSP Plan B - Employee and Dependent, with a ten dollar ($10) deductible shall be con- tinued during the term of this ~emorandum of Understanding~ The cost of such plan for employees and their eligible dependents shall be fully paid by the City o Life InsNranc~. The term life insurance coverage, inclt~ding accidental death and dismember- ment in the amount of $10,000 per employe~, shall be continued during the term of this Memorandum of Understanding. The cost of such plan for employees shall be fully paid by the City° E. Long Term Disability Insurance° A Long=Term disability ~nsurance plan which,~ subject to the terms and con- ditions thereof, shall provide for pa$q~ent 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. F. 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~ G. Retiree Heal th 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 pay~,~ent of the aforemen- tioned health insurance for the rest of his/her life. If said employee retires under the age of 65, s/he must have, in addi- tion to the ten (10) years, accumulated one (1) additional year for each year under the age of 65. -18- 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 ilo conduce efficient operations. B. Safety Program. The City has established, a safety pr6gram, and representatives of the Unit shall serve on the safety committees. C. Safety Equipment.' The City sba'Il contin~e to supply employees with safety eq,]ip~lent requi?ed by the City and/or CAL OSHA. Alt employees shall use City supplies safety equipment only for the purposes and uses specified under applicable safety rul es and regut atio~'~ ARTICLE 17. DISCIPLINE. A. Action by City. The City may discharge, suspend, demote or reduce in salary any permanent employee for reasons includin~i'~, but not limited to, dishonesty, in.~,ubor~ dination, incompetence, will'~.~"i negligence, failtire to perform ¥;ork as required or failure to comply with or violation of the City's rules regarding safety, conduct and operations, chronic absenteeism, misstatement of fact on an appl.ication or other personnel document, falsification of records, unfitness for duty and absence without authorized leave,. Any discharged, suspended or demoted employee, or an employee whose salary has been reduced for disciplinary reasons, shall be furnished by reason for such action in writing. In the event an employee feels that the discharge, suspension, demotion or salary redtiction is unjust, she shall have the right to appeal the case through the grievance procedure within five (5) working days from the date of the actual disciplii~ary action. B. Notice of Disciplinar.!Fi' A__ction. 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: -19- a. The type of disciplinary action. b. The effective date of the action. c. The reason or cause for the action. d. That the employee shall'be furnished copies of all materials upon which the action is based. That the employee has the right to respond, either orally or in writing~ to the authority initially imposing the discipline. Except in i~,stances where disc'iplinary 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. )Jhere immediate discii~linary ac~on has .~e_n imposed~ s~ch action w-ill'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 respand to the authority initially imposing the discipline. Once the proposed disciplinary action has been imposed, the affected employee shall have the right to appeal, St,.ch appeals shall be filed directly at the fourth step of the grievance procedures set forth in Article 18 of this Memorandum~ Probationary employees may be discharge~ '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 Section 7°2 of this ~emorandum of Understanding. A~TICLE 18. GRIEVAMCE PROCEDURE. A. Definition of Grievance. A grievance shall be defined as any dispute which involves the interpreta- tion or application of any provision of this Memorandum of Understanding during its term~ excluding all ordinances, resolutions, rules and regula~ tions, the contents of which are not specifically covered by the provisions of this Memorandum of Understanding. Such excluded ordinances, resolutions, rules and regulations shall not be subject to a grievance procedure, B. Steps in Grievance Procedure. Step I - An employee who has a grievance shall bring it to the attention of his immediate supervisor/division head v~ithin five (5) working days of the occurrence of the act which is the basis of the dispute. If the employee and the immediate supervisor, the employee shall have the right to submit a formal grievance which shall contain the following information: a. The name of the grievant. -20- b. The grievant's department and specific work site. c. The name of the grievant's immediate supervisor. d. A statement of the nature of the grievance including date and place of occurrence. e. The specific ~rovision, policy or procedure alleged to have been viol ated. f..The name of the individual or organization, if any, designated by the grievant' to represent him in the processing of the grievance. However, in no event shall an employee organization other than the one which formally represents the position occupied by the grievant be designated as the grievant's representative. Step 2 -An employee dissatisfied ;~-ith the decision of the immedia1$e sut)eF- visor in Step 1, may submit the grievance in. the manner provided above to his department head Within seven (7) working days from the date of the immediate supervisor's decision. The depart~nent head shall respond to the grievance in writing within seven (7) working days fron~ the date of its rece-;pt~ Step 3 - If the employee is dissatisfied with the 'decision of the deparS~lent head in Step 2~ he may submit the grieva~ce to the City Manager within ten (10} working days from receipt of the deparb'~ent hea~'s response. The City Manager or his designated representative~ shall respond to the grievance in writing within ten (10) working days of its receipt~ ~lithin this period, the City Manager, at his discretion, may conduct an informal hearing involving the parties' to the dispute. Step 4 - If the employee is dissatisfied with the decision of the City Manager, he may submit the grievance to the Personnel Board. Notice of appeal must be filed in N.~riting by the employee with the Ci'ty Manager's Office within fifteen (15) working days of the Manager's decision. The City Manager shall provide written notice of 'the appeal to each I~oard Member, to the department head and, where applicable, the employee organiza-. tion involved and to such other parties as he may deem appropriate~ To the extent feasible, the Board shall h~ar 'the grievance at its next regu-~ lar meetin9 following receipt of the appeal~ but in no event later than the second regular meetin9 after the grievance. 'is submitted to it. In cases involvin9 discharge or suspensions in excess of one day, the Personnel Board shall conduct a hearing on the matter w~thin fifteen (15) working days from the date the appeal is filed. The City ~lanager's-Office shall provide advance written notice of the hearing date to all parties involved. All Board hearings on grievance matters shall be conducted in an expeditinus manner and need not be conducted according to technical rules relating to evidence and witnesses. The Chairperson shall retain final authority to rule on procedural matters or on other points which affect the length and conduct of the hearing. The Personnel Board shall render its decision in writing within fifteen (15~ wo"kin9 days following the close of hearings and shall furnish copies of such decision to all parties involved. The majority -21- findings of the Board shall be binding except in instances where they entail capital expenditures or significant, unbudgeted expenditures. In those cases, the ruling shall be submi'tted to the City Council for action ~thich may include modification or reversal. The City's Personnel Board shall not entertain, nor hear, nor decide or make recommendations on any d'~spl~te unless such dispute falls within the defini- tion of grievance~ as set forth in Section 18 A above. Proposals to add to or change this ~-~lemorandum of Understanding or written agreements or .addenda supplementary hereto, shall not be grievable and no proposal to modify~ ame~;d or terminate this Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposals. may be grievable under this Section; and the Personnel Board shall not have the po>:er to amend or modify this Memorandum of Understanding or written agreement or adde.qda supplen~entary hereto, or to es%ablish any ne~ tern~.s or conditions of em~!oy;nent~ E.. All grievances invoIvin9 or concerning the payment of compensation shall be initially filed in writin§ with the department head. In such cases, no adjuslm}ent shall be retroactive for more than thirty (30) days from the dat~ upon which the grievance is filed. Only grievances which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered grievances inder Section 18 E. Any other matters of compensation are to be resolved in the meeting and conferring ?rocess, and if not detailed in a Memorandum of Understanding which may resul': from such meeting and conferring process, si~ali be deemed withdrawn until the meeting and conferring I)rocess is next opened for such discussion. ARTICLE !9. APPRENTICESHIP. The Union and the City agrees to continue the current Stationary Engineers Local 39 Apprenticeship Program. 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 accumu- lative and shall be taken at a time when the work schedule permits. ARTICLE 21. AUTOMATIC PROGRESSION. A. Treatment Plant Operator t to II. Union and City agree that all current employees and any future employees hired as Treatment Plant. Operator I shall, as hereinafter provided, auto- matically progress to Treatment Plant Operator II. Current employees'- Any employee currently employed as a Treatment Plant Operator I, who has in his possession a valid Grade II Wastewater -22- .Certificate issued by the State of California, shall be immediately advanced to Treatment Plant Operator II, in accordance with current City practice and the applicable provisions of this Agreement. Any employee currently employed as a Treatment Plant Operator I or future employees hired as a Treatment Plant Operator I shall, upon receipt of a valid Grade II Wastewater Certificate i.ssued by the State of California be immediately advanced to Treatment Plant Operator II in accordance ~,~ith 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 con- tinued employment, must obtain a Valid Grad. e II ¥1astewater 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° TmN r- ~ ARTicLe= 22 PAST PRACTICES A~,ID EXiST1]blG HEMORA~IDUM 0!: 'JIiDEi!STA~IDi~IG. Continuance of working conditions and practices not specifically provided herein~ shall not be' guaranteed by this Memorandum of Understanding, This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between City and Union, Personnel Rules, Regulations, Resolutions and Ordinances° No changes in this Memorandum of Understanding or interpretation therec~f (except decision of the Personnel Board and City Council in acco}~dance with the applicable sections of this Agreement) will be reco.gnized, unless agreed to by the City Manager and the Union. ARTICLE 23. EMPLOYEES COVERED.. Provisions of this Memorandum of Understanding apply only to the employees represented in Unit 4. ARTICLE 24. SEVERABILITY. Should any section, claNse 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 F:.c>rtions shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of Such invalidation, the par%ies agree to meet and confer con~ cerning substitute provisions for provisions rendered or declared illegal. -23- · AR'T:[CLE 25. 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 4 and remain in full force and effect to and including December 31, 1987. CITY REPRESENTATIVES INTERNATIONAL UNION OF OPERATING /.~ENG!NEERS, STAlllONARY LOCAL No.. 39 "APPROVED BY CITY COUNCIL RESOLUTION NO. 81-85, ADOPTED A?RIL 24, 1985" CITY COUNCI I,~ R~S OLUTIC)N lJO. C2C'1'~ OF 5~U~'~[ 'SAIl 't'RAI-ICISCO> S'I'hT~ OF ~ }~SOLUT%~N AI'PRov~NG I-IS~OI'{ANDUr~ OF UNDERSTANDII'IG BET['IEE¢I EI'IPLOYflR AND }~flPLOYEE REPRESEt,.rArZV~S - mediation of -~h'e dispute Datwaen. Ci'~y and emp!o~a~ ~ap~ase~-tativ~es ~d empYtoyae. ~e'.q~e,~en't~'tZves- hereby'aPprove said Nemo~d~ of Undems'-t~dir~g.. .'. CiTy of Sou'th' Stun Fz-anciseo' at a __ _~¢pe~Ial __ meeting held on ~he 28Th day of. ¢~_ '[ha follo~,ing vote: : . " %'~iJ Ji~ A- ~rba and F. Frank ~ NOrt~ ' 7 o ( Exhibit "A" to Uni t 4 l-lcmorandu.~ of Under- st,~n~n.3 for Ou~y ~ ~979 - '~h~ mo,hod by whTch existing ~nd new sfrvices ~re 'rq b~ Ferformed~' ~nclud~ng Rules ~nd Resula%'ions ~hiSh 5h~ Crov~$o '~haf re~sonabre: provisO°ns-.. b= made reg~,rd--~.,, .,, ~HEREAS, gho employee and employer representatives dovotop s,,id concepts -[hrough ~he process of ~xdi~T}on ~,~ provided in ~vorn~pn'k I copcop~5 and provisions are ~u-lually agveod tjpon and pending¢ co~ple-~ion of Exhibit "A" to Unit A 14emo~'andum of Un~terstanding for Ouly 1, 1979 -- Oune 30, 198't Yrank Gi I l is, Local .57, AFSCx4E,. ~FL-ciO Ro-'.,eri- Pc'l-orson. $.S.F. t-lunicipa! Er::ployea: Ass. c..~a~ed wt-'~b 14EBA ' 'lSd fli-I I, ln-terr~a-Fioaal Firr~ f'iBhtor-'; Ass;,:. CLASS ASSISTANT MECHANIC/ MACHINIST INDUSTRIAL WASTE INSPECTOR LABORATORY CHEMIST MAINTENANCE WORKER I, W.Q.C.P. MAINTENANCE WORKER II, W.Q.C.P. MECHANIC WAGE RATE BASE Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium.Hourly Rate Hourly W<'ekly Bi -Weekly Approximate MOnthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premiu Hourly Rate Hourly Weekly Bi-Weekly Approximate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium Hourly Rate WAGE A 11.89 475.60 951.20 2,06~00 24,731.00 12.22 488.80 977.60 2,118.00 25,418o00 1t~48 459.20 9i8.40 1,990.00 23,878.00 8.76: 350~40 700.80 1,518o00 18,221.00 9.44 377°60 755.20 1,636.00 19,635.00 12.22 488.80 977°60 2,118.00 25,4!8.00 B 12.48 499.20 998.40 2,163.00 25,958.00 12.83 513.20 1,026.40 2,224.00 26,686.00 12.05 482.00 964.00 2,089,00 25,064.00 9'.20 368°00 736.00 1,595o00 19,t36.00 9.91 396.40 792.80 1,718.00 20,613.00 12.83 5!3.20 1,026.40 2,224.00 26,686.00 RATES EFFECTIVE DECEMBER 28, STEPS .............. C D !3.10 13.76 524.00 550.40 1,048.00 1,100.80 2,271.00 ~g85.00 27,248.00 ' 2~'.,621.00 13.47 538.80 1,077.60 2,335.00 28,0!8.00 14.!4 565.60 1,131.20 2,451.00 29,¢!1.00 12.65 506.00 10,12.00 2,193.00 26,312.00 13 531 1,062 2,302 27,622 9.66 '386.40 772.80 1,674.00 20,093.00 10 4O5 811 1,75-8 21.091 10.4i 416o40 832.80 1,804.00 21~653.00 10 437 874 22,734 13.47 538.80 1,077.60 2,335.00 28,018.00 14 565 1,131 2,45i 29,4!1 1984 .28 .20 .40 .00 .00 .14 .60 .20 .00 .00 .93 .20 .40 .00 .00 .14 .60 .20 .00 .00 E 14.45 578. O0 1,156.00 2,505.00 30,056.00 14.85 594.00 1,188.00 2,57~.00 30,888.00' 13 557.60 1,115.20 2,6!6.00 28,995.00 10.65 426.00 852.00 1,846.00 22,152.00 11.4~ 459.20 918.40 1,990.00 23,878.00 14185 · 594. O0 1,188.00 2.,574.00 30,888.00 APPENDIX B Page 1 gLASS ASSZSTANT ELECTRZC~AN/ MECHANIC ~ECHA~C ELECTRiCiAN OPERATOR I, W.Q.C.P. OPERATOR II, W.Q.C.P. WAGE RATE BASE Hourly Weekly Bi -Weekly A'pproximate Monthly Approximate Annual Premium Hourly Rate Hourly ~eek y Bi -Weekly { A pproximate ~qonthly" Appr~imate Annual { Premiu6-1~ouriy Rate Weekly Bi -Weekly Ap?roximate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi-Weekly Approximate Nonthly Approximate Annual Premium HourTy Rate WAGE A !1.89 475.60 95!.20 2,061.00 24,731.00 !2.22 458~80 977.60 '2]118.00 25,418o00 10.47 418~80 837.60 1~815.00 21,778.00 11.21 448.40 896.80 23,317.00 g 12.48 499.20 998.40 2,163~00 25,958.00 12.83 5t3.20 1,026.40 2,224.00 26,686.00 10.99 439.60 879.20 1,905.00 o~ 859.00 11.77 470°80 941.60 2,040.00 24,482.00 RATES EFFECTIVE DECEM~,ER 28, 1984 -STEPS C D !3.10 13.76 524. O0 550.40 1,048.00 1,110.80 2,27t.00 2,385.00 27,248.00 28,621.00 E 14.45 578. O0 1,156.0 2,505 .~0 30,056.00 13.47 14.14 14.85 538.80 565.60 594.00 1,077.60 1,131.20 1,188.00 2,335.00 '2~451.00 2,574.00 28,018.00 29,~!1.00 30,888.00 11.54 12.12 46!.60 484.80 923.20 969.60 2,000°00 2~101.00 24,003.00 25,210.00 12.36 494.40 988.80 2,142.~0 25,709.00 !2.73 509.20 1,018.40 2~207.00 26,478.00 12.98 5!9.20 !,038.40 25,998.00 13.63 545.20 1,090.40 2,363.00 28,350.00 OPERATOR APPRENTICE Hourly Weekly ABi-Weekly Approximate iqonthly pproxi~te Annual i ~re~ium Hourly Rate (1) (2) (3) (4) (5) (6) (7) (8) 8.18 8.86 9.54 10o22 10.90 11.59 !2.27 13.63 327.20 354~40 381.60 408.80 436~00 463.60 490.80 545.20 654.40 708.80 763.20 817.60 872.00 927.20 981.60 1,090.40 1,4-!-8.00 1,536-7-0-0 1,654.00 i,?71.00 1~889o00 2,009.00 2,127.00 2,363.00 17,014.00 18,429.00 19,843.00 2!,258.00 22,672.00 24,t07'.00 25,522.00 28,350.00 APPENDIX Page 2 CLASS ASSISTANT MECHANIC/ MACHINIST INDUSTRIAL WASTE INSPECTOR LABORATORY CHEMIST WAGE RATE BASE Hourly Weekly Bi-Weekly Approximate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly ApproximaTe Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly MAINTENANCE WORKER I, W.Q.C.P. MAINTENANCE WORKER II, W.Q.C.P. MECHANIC APPENDIX B Approximate Annual ~-remiu Hourly Rate Hourly Weekly Bi-Weekly Approximate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium Hourly Rate WAGE RATES A B !2.48 13.t0 499.20 524.00 998.40 I',048.00 2,!63.00 2,27!.00 25,958.00 '27,248.00 !2.83 513.20 1,026.40 2,224.00 26,686.00 12.05 482.00 964.00 2,089.00 25,064.00 9.20 368.00 736.00 1,~9~ .Co 19,135.00 10~21 408.40 816.80 1,770.00 21,237o00 12.83 5i3.20 1,026.40 2,224.00 26,686.00 EFFECTIVE DECEMBER 27, 1985 STEPS ............ C D 13.76 14.45 550.40 578.00 1,100.80 !,156.00 2,385.00 2,505.00 28,621.00 30,056.00 13.47 14.14 14.85 538.80 565.60 594.00 !,077.60 1,i31.20 i,!88.00 2,335.00 2,451.00 ~37~.00 28,0!8~00 29,411.00 ~,888.00 12.65 13.28 13.94 506.00 531.20 557.60 10,12.00 1,062.40 1,115.20 2,193.00 2,302.00 2~16~00 26,312.00 27,622.00 28,995.00 9°66 386.40 772~80 1,674.00 20,093.00 10.72 428.80 857.60 1,858o00 22,,29800 '13o47 538.80 1,077.60 2,335.00 28,018.00 !0.14 10.65 405.60 426.00 811.20 852.00 1,7'5~,00 1,846.00 21,091.00 22,152.00 11.26 450.40 900.80 1',952~00 23,421.00 565.60 1,13t.20 2,451.00 29,411.00 11.82 472.78 945.60 2,049.00 24,586.00 ' t4 ;'85 594'.00 1,188.00 2,574.00 30,888.00 E 15.17 606.80 1,213.60 2,629.00 31,554.00 !5.59 623.60 1,247.20 2,702.00 32,427.00 14.64 585.60 1,171.20 2,538,00 30,451.00 11.18 447.20 894.40 1,938.00 23,254.00 12.41 496.40 992.80 2,i51.00 25,813.00 15.59 623.60 1,247.20 2,702.00 32,427.00 Page 3 CLASS ASSISTANT ELECTRICIAN/ MECHANIC MECHANIC ELECTRICIAN OPERATOR I, W.Q.C.P. OPERATOR II, W.Q.C.P. WAGE RATE BASE Hourly Weekly Bi -Weekly Approximate !,~onthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -We ekl y Approximate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi-Weekly Approximate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium Hourly Rate I I WAGE A B 12.48 13.10 499.20 524.00 998.40 1,048.00 2,163.00 2,271.00 25,958.00 27,248.00 12.83 13.47 513.20 538.80 1,026~40 1,077.60 2,224°00 2,335.00 26,686°00 28,018.00 10.99 11.54 439°60 461.60 879.20 923.20 1,905.00 - 2,000.00 22,859.00 24,003.00 RATES EFFECTIVE DECEMBER 27, 1985 ---STEPS C D 13.76 14.45 550.40 578.00 1,100.80 1,156.00 2,385.00 2 '~' ,o05.00 28,621.00 30,056.00 E 15.17 606.80 1,213.60 2,629.00 31,554.00 i4.14 14.85 15..59 565.60 594.00 623.60 1,131.20 !,188:00 1,247.20 2,451.00 2,5?4,00 ~2,702.00 29,411.00 30.888.00 32,427.00 12.12 12.73 13.37 484.80 509.20 534.80 969.60 1,018.40 1,069.60 2,10!o00 2,207.00 2,317.00 25,210.00 26,478.00 27,810.00 11.77 12.36 12.98 13.63 14.35 470.80 494.40 519.20 545.20 572.40 94t.60 988.80 t,036.40 1,090.40 1,144.80 2,040.00 2,142.00 2,246.00 2,363.00 2,480.00 24,482.00 25,709.00 26,946.00 28,350.00 29,765.00 OPERATOR APPRENTICE (1) (2) (3) (4) (5) (6) (7) Hourly 8.59 9.30 10.02 10.73 !1.45 12.17 12.88 Weekly 343.60 372.00 400.80 429.20 458.00 486.80 515.20 Bi-Weekly 687.20 744.00 801.60 858.40 916o00 973.60 1,030.40 ]-lpproximate Monthly 1,4-8-9-700 1,612.00 1~'737.00 1,860.00 t,985.00 2~9.00 2,233.0~J Approximate Annual 17,867.00 19,344.00 20,842.00 22,318.00 23,816.00 25~314.00 26,790.00 Premium Hourly Rate (8) 14.31 572.40 1,144.80 2,480. O0 29,765.00 ' APPENDIX ~ Page 4 CLASS ASSISTANT MECHANIC/ MACHINIST INDUSTRIAL WASTE INSPECTOR LABORATORY CHEMIST MAINTENANCE WORKER i, W.Q.C.P. MAINTENANCF_ WORKER II, W.Q.C.P. MECHANIC APPENDIX B WAGE RATE BASE Hourly Weekly Bi -Weekly Appr'ox~'mate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium HoNrTy Rate Hourly Weekly Bi -Weekly App~ ox~mate ]%nthly Approximate Annual ~remi~jm ~ourly Rate Hourly Weekly Bi -We ekl y Approximate Monthly Approxima%e Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium 'Hourly Rate WAGE A 13.23 529°20 1,058.40 2~293.00 27.,518.00 !3.60 1,088.00 2,357.00 28,288.00 12.77 5!0.80 ! ,021 ~60 2,2i3 26,562. O0 9.75 390.00 780.00 1,690.00 20,280.00 432.80 865~60 1,875.00 22,506.00 13.60 544°00 1,088.00 2,357.00 28,288.00 13.89 555.60 1,11!.20 2,408.0~ 28,891.00 14.28 571.20 1,!42.40 2,4~5.00 29,702.00 13.41 536.40 1,072.80 2,32~.00 27,893.00 10.24 409.60 819.20 1,775o00 21,299.00 11.36 454.40 908.80 1,969.00 23.629.00 '14.28 57i.20 1,142.40 2,475.00 29,702.00 RATES EFFECTIVE DECEMBER 26, 1986 -STEPS ......... C D 14.58 .... 15.31 583.20 612.40 1,166.40 !, 224.80 2,527.00 30,326.00 31>845.00 E i6.08 643.20 1,286.40 2,787.00 33,446.00 14.99 599.60 1,!99.20 '2,598.00 31,179.00 15.74 629.60 I, 259.20 2,728.00 32,739.00 16.53 661.20 t, 322.40 P $65. O0 34,382.00 14.08 563.20 1,!26.40 2,461.00 29,286.00 14.78 591.20 i,!82.40 30,742.00 15.52 620.80 1,241.60 2,690.00 32,282.00 10.75 430~00 860.00 1,8~3.00 22,360.00 11.93 477.20 954.40 2,068.00 24,814.00 14.99 599.60 1,199.20 2,598.00 31,179.00 il .29 451.60 903.20 1 23,483.00 12.53 501.20 1,002.40 2,172.00 26,062.00 15.74 629.60 1,259.20 2,728.00 32,739.00 474.00 948.00 2,054.00 24,648.00 13.16 526.40 1,052.80 2,28t.00 27,373.00 16.53 .661.20 1,322.40 2,865.00 ,34,382.00 Page 5 CLASS ASSISTANT ELECTRICIAN/ MECHANIC MECHANIC ELECTRICIAN OPERATOR I, W.Q.C.P. OPERATOR II, W.Q.C.P. WAGE RATE BASE Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual iSremium Hourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual Premium Hourly Rate Hour'~y Weekly Bi -Weekly Approximate Monthly Approximate Annual -.P-~-6]~um ~iourly Rate Hourly Weekly Bi -Weekly Approximate Monthly Approximate Annual ?remium Hourly Rate WAGE A 13.23 5~..20 1,058.40 2,~93,00 27,518,00 - i3.60 544.00 1,088.00 2,357.00 28,288.00 t!~65 466.00 932.00 2,~±9.00 24,232.00 499.20 998.40 2,163.00 25,958.00 B 13.89 555.60 1,!11.20 2,405~00 ,891.oo 1~.~8 57!.20 1,142.40 2,475.00 29,702.00 12.23 489..20 978.40 2,120.00 25,438.00 13.10 524.00 1,048.00 2,27!.00 27,248.00 RATES EFFECTIVE DECEMBER 26, 1986 -STEPS ...................... C D E 14.58 t5.31 16.08 583.20 612.40 643.20 1,166.40 1,224.80 1,286.40 2,527.00 2,654.00 2,787.00 39,~26.00 ' 3!,845.00. 33,446.00 14.99 i5.74 16.53 599.60 629.60 661.20 !,199.20 1,259.20 1,322.40 2,598.00 2,728.00 2,865.00 31,179.00 22,739.00 34,382 !2.84 13.48 14.15 5t3.20 539.20 566.00 1,027.20 !,078.40 1,132.00 2,226.00 2,337.00 2,453.00 26,707.00 28,038.00 29,432.00 13.76 14.45 15.17 550.40 578.00 606.80 1,100.80 1,156.00 1,213.60 2,385.00 2,505.00 28,621.00 30,056.00 31,55~.00 OPERATOR APPRENTICE (1) f2) (3) (4) (5) (5) (7) (8) Hourly 9.!i 9~86 10.62 11.37 12.14'-' 12.90 13.65 15.t7 Weekly 364.40 394.40 424.80 454.80 485.60 5t6.00 546.00 606.80 Bi-Weekly _ 728.80 788°80 849.60 909.60 971.20 1,032.00 1,092.00 1,2i3.60 Approximate Monthly 1,579.00 1,709.00 1,841.00 1,971.00 2,.10~.00' 2,236.00 2,366.00 2,629.00 Approximate Annual 18,949.00 20,509.00 22,090.00 23,650.00 25,251.00 26,832.00 28,392.00 31 554 O0 Premium Hourly Rate ' ' APPENDIX Page 6 "., oI-:r. Aiello ;' ".Local San Francisco AFSC~.IE (,~FL-C,U.I ° t56.9 This is an eo. uiL-a~)]e and B,e;~eFo'Js ar:-a,~ge,,ent.. It ~'l't ~.-e,"luire some Exhibit "C" isa Ilmn,o,~nctt.m. ' '--~ ' of Understanding for July 1, 1979 - June aD, 1981 Oan~.~aT:~' 2> t903 .. -,-~,~. Sani tatio:l. La:al i 5.59 l~i ..'_nesse2 by- E>:hibik "[" to Ilnit 4 HemOrandum of Under- stanclin!l for July '1. 1979 - June 30> 1981 the City "Ct' to Unit 4 Memorandum of Under.ttandin9 for July l, 1979-