HomeMy WebLinkAboutHR MOU SEIU Local 1021 2015Agenda Item No: 4. c
Meeting Date: August 3, 2015
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Management Services
Prepared by: Deirdre Dolan, HR Director City Manager Approval:
TOPIC: Approval of New Contract with SEIU Local 1021 Bargaining Unit
SUBJECT: Resolution Approving a Memorandum of Understanding (MOU) between
the City of San Rafael and SEIU Local 1021 Pertaining to Compensation
and Working Conditions (July 1, 2015 through June 30, 2016)
RECOMMENDATION: Adopt Resolution
BACKGROUND:
SEIU Local 1021 is one of the largest of the City's eight bargaining units (approximately 120
employees), and represents the administrative, maintenance, and technical employees across
all City departments. The SEIU Local 1021 labor agreement expired on June 30, 2015, after a
two year term. The City and SEIU have been meeting in good faith since April 2015 to
negotiate the terms of a new agreement. The City and SEIU reached a tentative agreement on
July 21 for a one-year successor agreement, and SEIU Local 1021 membership ratified the
agreement as of July 27. The proposed new Memorandum of Understanding (MOU) is now
before the Council for consideration.
ANALYSIS:
The City's primary goal in these negotiations with SEIU was to achieve equity and consistency
with other bargaining units, as well as with the comparable labor market. The major economic
and non -economic items contained in the proposed new agreement are discussed below.
Term
The term for the new MOU is one year, from July 1, 2015 through June 30, 2016. Although
both the City and SEIU might have preferred a longer agreement, future labor costs are too
uncertain for the City to comfortably commit to a long term agreement. A one-year agreement
enables SEIU to achieve their goal to align their bargaining schedule with the other seven units,
whose two-year agreements expire next June.
FOR CITY CLERK ONLY
File No.: 7-8-1
Council Meeting: 08/03/2015
Disposition: Resolution 13986
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paee: 2
Salary
SEIU members have not received a regularly scheduled annual wage increase since July 1,
2008. In order to maintain equity with other bargaining units, and to help ensure the City
maintains competitiveness in the labor market to attract and retain employees, the City
proposes to provide SEIU members with a 3.0% salary increase effective July 16, 2015. The
3.0% increase is equal to the increases given to other bargaining units in 2015, and is in line
with increases occurring in other jurisdictions.
Contribution to Medical
The City provides a monthly contribution toward medical plan premiums, and employees pay
the difference in cost between the City contribution and the monthly medical premium for the
plan in which the employee has enrolled. Most other miscellaneous employee bargaining units
receive an annual 3% increase in premium contributions, up to a maximum of the Kaiser plan
premiums. The proposed new contract aligns the benefit with other miscellaneous bargaining
units, such that SEIU members would receive a 3.0% increase in medical plan contributions, up
to the maximum of the Kaiser premiums, effective July 16, 2015.
Vision Plan Insurance
The City provides vision plan insurance for the majority of City employees. The City proposes
to provide SEIU members with the same employee -only vision plan coverage as provided to
other bargaining units.
Revenue Sharing
The majority of employee bargaining unit contracts include a provision for revenue sharing if
certain economic conditions are met. In 2013, the contract language in other bargaining units
was modified to insure that in order for revenue sharing to occur, the City's General Fund and
Emergency Cash Flow reserve must contain at least 10% of the General Fund budgeted
expenditures, and the CPI must' be greater than a negotiated contract increase (if any).
SEIU's revenue sharing language has not yet been modified, and the proposed new contract
will bring the revenue sharing language in line with the modified language that currently exists
in the other bargaining unit contracts.
Library Premium Pay
The City currently provides premium pay in the amount of 1.5 times regular salary for hours
worked on Sunday in the Library. This provision was instituted when the Library opened on
Sundays, and provided an incentive to staff to work on Sundays. This is inconsistent with
industry practice, in that other area Libraries that are open on Sunday do not provide additional
pay for Sunday work hours. Under the proposed contract, Library premium pay will be
eliminated effective January 1, 2016.
Safety Boot Allowance
The City provides an annual safety boot allowance in the amount of $130 to designated
employees. The boot allowance has not been increased in more than 10 years. The City
proposes to increase the safety boot allowance to $200 per year, which is consistent with the
safety boot allowances provided by other comparable agencies and more closely approximates
the current cost of safety boots. In addition, the list of employees eligible for the safety boot
allowance has been reduced to only those employees with a specific job requirement to wear
safety boots at work.
Disciplinary Appeal Process
The current disciplinary appeal language exceeds the legal requirements for due process. The
new language is modified to limit the ability to request arbitration to only serious discipline,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3
including suspensions of more than five days, demotion, or termination. Suspensions of five
days or less may be appealed to the City Manager, whose decision will be final.
Other
In addition to the eight items discussed above, agreement was reached on 14 other proposals,
most of which were minor changes to existing provisions and/or clean up items. The attached
draft MOU includes all of the changes agreed to by the parties.
FISCAL IMPACT:
The proposed 3.0% base salary increase for SEIU members is estimated to cost $392,200,
offset by $5,550 in savings from the elimination of the library premium pay in six months. The
ongoing savings from the elimination of the library premium pay will be approximately $11,100
per year. The health, vision, and safety boot allowance increases are estimated to cost
$32,920, for a total net cost of $419,620 in Fiscal Year 2015-16. Funds have been
appropriated for the salary increase, and funds are available and will be appropriated for the
benefit increases.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Staff's recommendation to adopt the Resolution.
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ATION:
Adopt the resolution to approve the Memorandum of Understanding (MOU) between the City of
San Rafael and SEIU Local 1021 pertaining to compensation and working conditions (July 1,
2015 through June 30, 2016)
ATTACHMENTS:
1. Resolution with attached MOU between the City of San Rafael and SEIU Local 1021 for
July 1, 2015 to June 30, 2016
RESOLUTION NO. 13986
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY OF SAN RAFAEL AND SEIU LOCAL 1021
PERTAINING TO COMPENSATION AND WORKING CONDITIONS
(JULY 1, 2015 THROUGH JUNE 30, 2016)
WHEREAS, the SEIU Local 1021 labor agreement with the City expires on June 30,
2015 after a two year term; and
WHEREAS, the City of San Rafael and representatives of SEIU Local 1021 have met
and conferred in good faith with regard to wages, hours and working conditions in accordance
with the provisions of the Meyers -Mi lias-Brown Act; and
WHEREAS, a Memorandum of Understanding pertaining to the one year period from
July 1, 2015 through June 30, 2016 has been ratified by SEIU Local 1021 members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: From and after the date of adoption of this Resolution, the City of San
Rafael and SEIU Local 1021 shall utilize the Memorandum of Understanding for the
period beginning July 1, 2015, attached hereto, as the official document of reference
respecting compensation and working conditions for employees represented by SEIU
Local 1021.
Section 2: The schedules describing classes of positions and salary ranges are
attached to said Memorandum of Understanding and, together with the Memorandum of
Understanding itself, are hereby adopted and shall be attached hereto and incorporated
in full.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 3rd of August, 2015, by the following
vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther C. Beirne, City Clerk
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEW Local 1021
JULY 1, 2015 - JUNE 30, 2016
Table of Contents
1
GENERAL PROVISIONS.......................................................................................................5
1.1
INTRODUCTION...............................................................................................................................5
1.1.1
Scope of Agreement....................................................................................................................
5
1.1.2
Term of MOU...............................................................................................................................
5
1:2
RECOGNITION................................................................................................................................5
1.2.1
Bargaining Unit............................................................................................................................
5
1.2.2
Notice to Employees....................................................................................................................5
1.3
NON-DISCRIMINATION....................................................................................................................5
1.3.1
In General....................................................................................................................................5
1.3.2
Union Discrimination....................................................................................................................
6
1.4
INSPECTION OF MEMORANDUM OF UNDERSTANDING........................................................................6
1.5
EXISTING LAWS, REGULATIONS & POLICIES....................................................................................6
1.6
STRIKES & LOCKOUTS...................................................................................................................6
1.7
SEVERABILITY................................................................................................................................6
1.8
PREVAILING RIGHTS.......................................................................................................................6
1.9
FULL UNDERSTANDING, MODIFICATION, WAIVER............................................:................................6
1.9.1
Understanding..............................................................................................................................6
1.9.2
Waiver & Modification..................................................................................................................6
2
MMBA.........................................................................................................................................7
2.1
UNION RIGHTS...............................................................................................................................7
2.1.1
Union Stewards Designation........................................................................................................7
2.1.2
Bulletin Boards.............................................................................................................................7
2.1.3
New Members..............................................................................................................................7
2.2
DUES DEDUCTION..........................................................................................................................
7
2.2.1
Collection of Dues........................................................................................................................7
2.2.2
Dues Collection during Separation from Employment.................................................................7
2.2.3
Agency Shop................................................................................................................................7
2.2.4
Indemnification.............................................................................................................................
8
2.3
MANAGEMENT RIGHTS...................................................................................................................8
2.4
COMMENCEMENT OF NEGOTIATIONS...............................................................................................
9
3
COMPENSATION....................................................................................................................9
3.1
GENERAL WAGES AND COMPENSATION..........................................................................................
9
3.1.1
Pay Dates.....................................................................................................................................9
3.1.2
General Wage Increase............................................................................................................10
3.1.3
Compensation Goal & Definitions..............................................................................................10
3.1.4
Compensation Surveys..............................................................................................................10
3.1.5
Compensation Plan....................................................................................................................10
3.2
STEP INCREASES.........................................................................................................................11
3.2.1
Entry Level Step.........................................................................................................................11
3.2.2
Consideration for Step Increases...............................................................................................11
3.2.3
Merit Increases..........................................................................................................................11
3.2.4
Anniversary Date.......................................................................................................................11
3.2.5
Promotions.................................................................................................................................11
3.2.6
Performance Evaluations...........................................................................................................11
3.3
SALARY CHANGE ON RECLASSIFICATION......................................................................................12
3.3.1
To a Lower Classification...................................................................................:.......................12
3.3.2
To a Different Classification with the Same Salary Range........................................................12
3.3.3
To a Higher Classification..........................................................................................................12
3.4
SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS........................................................................12
3.4.1
Out of Class Compensation.......................................................................................................12
3.4.2
Shift Differential Pay..................................................................................................................13
3.4.3
Court Pay...................................................................................................................................13
SEIU 2015-2016
3.4.4
3.5
3.5.1
3.5.2
3.5.3
3.5.4
3.5.5
3.5.6
3.5.7
3.5.8
3.5.9
3.6
3.6.1
3.6.2
3.6.3
4
4.1
4.2
4.2.1
4.2.2
4.2.3
4.2.4
4.3
4.4
4.5
4.6
4.7
4.7.1
4.7.2
4.7.3
4.8
5
5.1
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
5.1.6
5.2
5.2.1
5.2.2
5.2.3
5.2.4
5.3
5.3.1
5.4
5.4.1
5.4.2
5.4.3
5.4.4
5.4.5
5.4.6
5.4.7
5.4.8
Library Premium Pay....................................................................
ADDITIONALPAY.............................................................................
Educational Reimbursement — Miscellaneous Unit ......................
Educational Reimbursement— Supervisory Unit ..........................
Bilingual Pay — Miscellaneous Employees ...................................
Bilingual Pay — Supervisory Unit ...................................................
Sewer and Garage Employees Uniform Maintenance Program...
Uniform Allowance........................................................................
Uniform Jacket Cleaning Allowance .............................................
Mechanical Tool Allowance..........................................................
HolidayPay...................................................................................
REVENUE SHARING.........................................................................
Conditions for Revenue Sharing ...................................................
Revenue Definitions & Revenue Sharing Calculations .................
Schedule.......................................................................................
BENEFITS..................................................................................
EMPLOYEE BENEFITS COMMITTEE ...................................................
HEALTH He WELFARE.......................................................................
Full Flex Cafeteria Plan.................................................................
Retirees Health Insurance............................................................
Health and Dependent Care Spending Accounts .........................
Health Insurance Providers...........................................................
DENTALPLAN.................................................................................
VISION CARE PLAN.........................................................................
LIFE INSURANCE.............................................................................
LONG TERM DISABILITY INSURANCE ................................................
RETIREMENT CONTRIBUTION...........................................................
City Paid Employee Retirement (City Paid Member Contribution)
Retirement Plans..........................................................................
Member Cost of Living Rates ........................................................
STATE DISABILITY INSURANCE (SDI) ...............................................
LEAVES........................................................................................
SICKLEAVE....................................................................................
Eligibility........................................................................................
Sick Leave Accrual.......................................................................
Useof Sick Leave.........................................................................
Advance of Sick Leave.................................................................
Service Credit for Sick Leave ........................................................
Compensation for Unused Portion ................................................
VACATION LEAVE............................................................................
Eligibility........................................................................................
Rateof Accrual.............................................................................
Administration of Vacation Leave .................................................
Vacation Cash-In..........................................................................
HOLIDAYS.......................................................................................
PaidHolidays................................................................................
OTHERLEAVE.................................................................................
Personal Leave — Supervisory Unit ..............................................
SafetyHoliday...............................................................................
BereavementLeave...............................................................................................
JuryDuty................................................................................................................
MilitaryLeave.........................................................................................................
Leave of Absence Without Pay..............................................................................
Industrial Injury Leave............................................................................................
FamilyMedical Leave............................................................................................
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2
5.4.9
Catastrophic Leave....................................................................................................................27
6
TERMS & CONDITIONS OF EMPLOYMENT.................................................................27
6.1
HOURS OF WORK.........................................................................................................................27
6.2
OVERTIME....................................................................................................................................27
6.3
COMPENSATORY TIME POLICY......................................................................................................27
6.3.1
Accrual Limit...............................................................................................................................27
6.3.2
Overtime Rate............................................................................................................................27
6.4
STAND BY OR CALL BACK DUTY..................................................................................................28
6.4.1
Compensation When Assigned to Call Back Duty.....................................................................28
6.4.2
Compensation When Not Assigned to Call Back Duty..............................................................28
6.4.3
Minimum Payment for Call Out..................................................................................................28
6.4.4
Standby Residency and Pagers.................................................................................................28
6.5
DOT AND CLASS B REQUIREMENTS.............................................................................................28
6.6 PROBATIONARY
PERIOD....................................................................................................................29
6.6.1
Purpose of Probation...................................................................................................................29
6.6.2
Length of Probationary Period.....................................................................................................29
6.6.3
Rejection During Probation..........................................................................................................
29
6.6.4
Notification of Rejection...............................................................................................................29
6.6.5
Extension of Probationary Period................................................................................................29
6.6.6
Regular Status.............................................................................................................................
30
6.6.7
Promotion of Probationary Employee..........................................................................................
30
6.6.8
Unsuccessful Passage of Promotional Probation........................................................................30
6.6.9
Lateral Transfer Probation...........................................................................................................
30
6.7 TRANSFERS / REASSIGNMENTS...........................................................................................................
30
6.7.1
Types of Transfers.......................................................................................................................
30
6.7.2
Minimum Qualifications & Probation............................................................................................30
6.7.3
Transfer Procedures....................................................................................................................
31
6.6 PERSONNEL
RULES & REGULATIONS.................................................................................................31
6.8.1
Drug & Alcohol Policy..................................................................................................................
31
6.8.2
Confidential Nature of Personnel Records..................................................................................31
6.8.3
Confidential Nature of Medical Records......................................................................................31
6.8.4
Outside Employment Policy.........................................................................................................31
6.8.5
Use of City Vehicle.......................................................................................................................31
6.8.6
Wireless Communication Policy..................................................................................................32
6.8.7
Safety Policy................................................................................................................................
32
6.9 MISCELLANEOUS
................................................................................................................................32
6.9.1
Hazardous Materials....................................................................................................................32
6.9.2
Gratuities/ Solicitation of Contributions.......................................................................................
32
6.9.3
Return of City Equipment. ......................................................................
..................................... 32
6.9.4
Political Activity............................................................................................................................
32
6.9.5
Employment of Relatives.............................................................................................................
32
6.9.6
Labor/ Management Meetings..................................................................................................
32
6.9.7
Contract Orientation Work Sessions..........................................................................................33
6.9.8
Temp Seasonal Employees.......................................................................................................33
7
PROCEDURES.......................................................................................................................33
7.1
DEMOTION & SUSPENSION...........................................................................................................33
7.1.1
Demotion....................................................................................................................................33
7.1.2
Suspension................................................................................................................................33
7.2
TERMINATION OF EMPLOYMENT....................................................................................................33
7.2.1
Resignation................................................................................................................................33
7.2.2
Termination - Layoff (Lack of work or funds).............................................................................34
7.2.3
Termination - Disciplinary Action...............................................................................................34
7.2.4
Retirement..................................................................................................................................34
7.3
DISCIPLINARY ACTION..................................................................................................................34
7.3.1
Right to Discipline & Discharge..................................................................................................34
3
SEIU 2015-2016
7.3.2
Preliminary Notice......................................................................................................................34
7.3.3
Disciplinary Action and Appeal..................................................................................................
35
7.3.4
Harassment Policy.....................................................................................................................35
7.4
GRIEVANCE PROCEDURE..............................................................................................................35
7.4.1
Definition....................................................................................................................................
35
7.4.2
Procedure...................................................................................................................................36
7.4.3
Arbitration...................................................................................................................................36
7.4.4
General Provisions.....................................................................................................................37
7.5
POSITION RECLASSIFICATION.......................................................................................................37
7.6
FURLOUGH PROGRAM..................................................................................................................
37
7.6.1
Voluntary Time Off (VTO)..........................................................................................................38
7.6.2
Mandatory Time Off(MTO)........................................................................................................38
7.7
REDUCTION IN FORCE..................................................................................................................39
7.7.1
Authority.....................................................................................................................................39
7.7.2
Notice.........................................................................................................................................
39
7.7.3
Order of Layoff...........................................................................................................................
39
7.7.4
Seniority.....................................................................................................................................
39
7.7.5
Bumping Rights..........................................................................................................................39
7.7.6
Transfer Rights..........................................................................................................................40
7.7.7
Layoff Procedure Notification.....................................................................................................40
7.8
RE-EMPLOYMENT.........................................................................................................................40
7.8.1
General Guidelines....................................................................................................................40
7.8.2
Right to Re-Employment............................................................................................................40
7.8.3
Time Limits.................................................................................................................................40
7.8.4
Availability..................................................................................................................................40
7.8.5
Probationary Status...................................................................................................................40
7.8.6
Restoration of Benefits...............................................................................................................40
LIST OF
EXHIBITS
Exhibit A Salary Schedule for July 1, 2015 — June 30, 2016
Exhibit B Benchmarks and Internal Relationships Table
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SEIU 2015-2016
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEIU LOCAL 1021
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500,
et seq. of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for the employees in said representation unit, and have freely
exchanged information, opinions and proposals and have reached agreement on all matters
relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of San
Rafael as the joint recommendation of the undersigned parties for salary and employee benefit
adjustments for the period commencing July 1, 2015 and ending June 30, 2016.
1 GENERAL PROVISIONS
1.1 INTRODUCTION
1.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed
upon by the designated bargaining representatives of the City of San Rafael (herein -after called
"CITY") and SEIU 1021 (herein -after called "UNION") and shall apply to all employees of the
City working in the classifications and bargaining unit set forth herein.
1.1.2 Term of MOU
This agreement shall be in effect from July 1, 2015 through June 30, 2016
1.2 RECOGNITION
1.2.1 Bargaining Unit
City hereby recognizes Union as bargaining representative for purpose of establishing salaries,
hours, fringe benefits and working conditions for all employees within the Miscellaneous and
Supervisory Bargaining Units. (As referenced in Exhibit "A" attached).
1.2.2 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, City shall notify
such person that the Union is the recognized bargaining representative for employees in that
classification.
1.3 NON-DISCRIMINATION
1.3.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate against any
person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual
orientation, perceived sexual orientation, gender, gender expression, gender identity, marital
status, medical condition (cancer -related or genetic characteristics), genetic information
(including family medical history) or physical or mental disability. Any employee alleging such
SEIU 2015-2016
discrimination should use the internal, administrative process explained in the City of San
Rafael's Policy against Harassment, Discrimination and Retaliation to redress the situation.
Such employees shall be entitled to Union representation.
1.3.2 Union Discrimination
No member, official, or representative of the Union shall, in any way suffer any type of
discrimination in connection with continued employment, promotion, or otherwise by virtue of
membership in or representation of Union.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Union agree to keep duplicate originals of this Memorandum on file in a
readily accessible location available for inspection by any employee or member of the public
upon request.
1.5 EXISTING LAWS, REGULATIONS & POLICIES
This agreement is subject to all applicable laws of the State of California, ordinances,
regulations, and policies of the City of San Rafael.
1.6 STRIKES & LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out employees, and the
Union agrees that it will not agree to, encourage or approve any strike or slowdown growing out
of any dispute relating to the terms of this Agreement. The Union will take whatever lawful
steps are necessary to prevent any interruption of work in violation of this Agreement,
recognizing with the City that all matters of controversy within the scope of this Agreement shall
be settled by established procedures set forth in the City's charter, ordinances, and regulations,
as may be amended from time to time.
1.7 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation
of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of
any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not
be affected thereby, and the parties shall, if possible, enter into meet -and -confer sessions for
the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or
section.
1.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted
through rules, regulation, ordinance or resolution, which are not specifically superseded by this
Memorandum of Understanding, shall remain in full force and effect throughout the term of this
Agreement.
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1 Understanding
The parties jointly represent to the City Council that this Memorandum of Understanding sets
forth the full and entire understanding of the parties regarding the matters set forth herein.
1.9.2 Waiver & Modification
Except as specifically otherwise provided herein, it is agreed and understood that each party
hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be
6
SEIU 2015-2016
required to meet and confer with respect to any subject or matter covered herein, nor as to
wages or fringe benefits during the period of the term of this Memorandum.
The foregoing shall not preclude the parties hereto from meeting and conferring at any time
during the term of this Agreement with respect to any subject matter within the scope of meeting
and conferring by mutual agreement.
2 MMBA
2.1 UNION RIGHTS
2. 1.1 Union Stewards Designation
The Union shall, by written notice to the City Manager, designate certain of its members as
Union Stewards. Union Stewards shall be permitted reasonable time for Union activities
including grievance representation. In all cases, the Stewards shall secure permission from the
Stewards' supervisor before leaving a work assignment. Such permission shall not be
unreasonably withheld.
Union Stewards for salary discussions shall be in accordance with the Meyers-Milias-Brown
(MMB) Act.
2.1.2 Bulletin Boards
Authorized representatives of the Union shall be allowed to post Union notices on specified
bulletin boards maintained on City premises.
2.1.3 New Members
The City shall provide contact information for SEIU representatives to new employees in union -
covered positions and will allow a union representative to meet with the new employee(s) for up
to 10 minutes at a time mutually convenient to the departments and the employees. Such
meeting time will be subject to supervisor approval
2.2 DUES DEDUCTION
2.2.1 Collection of Dues
City agrees, upon written consent of the employee involved, to deduct dues and voluntary union
deductions selected by members, as established by the Union, from the salaries of its members.
The sums so withheld shall be remitted by City, without delay, along with a list of employees
and their respective dues and voluntary deductions. Union bears responsibility for allocating
dues and voluntary deductions pursuant to employees' requests.
2.2.2 Dues Collection during Separation from Employment
The provisions specified above (Section 2.2.1.) shall not apply during periods of separation from
the representation Unit by any such employee, but shall reapply to such employee commencing
with the next full pay period following the return of the employee to the representation Unit. The
term "separation" includes transfer out of the Unit, layoff, and leave without pay absences with a
duration period of more than five (5) working days.
2.2.3 Agency Shop
The parties hereto recognize that within the Agency shop provisions of this agreement, unit
employees may opt to join the union or register as a fee payer during the first thirty (30) days of
their employment. Neither the City nor the Union will discriminate against any employee
because of the exercise of their statutory rights. The Union agrees to its obligation to represent
7
SEIU 2015-2016
all of the employees in the unit fairly and equally, without regard to their membership in the
Union.
Therefore, effective August 1, 1992, any employee of the City as of August 1, 1992, who is a
member of the Union on August 1, 1992, or who subsequently joins, and all employees in the
Unit hired on or after that date or who do not make application for membership within thirty (30)
days of the effective date of this Section or thirty (30) days of the commencement of assigned
duties, as a condition of employment, shall pay an agency fee to the Union. If an employee
does not make application for membership within the prescribed time, the employee shall be
notified by the City or Union that he or she is required by the collective bargaining Agreement to
pay an agency fee to the Union. To accomplish that, the employee will be asked to prepare an
application card. If the employee refuses to complete an application card, the default option
shall be an automatic enrollment as an agency fee payer. The City shall deduct the agency fee
from that employee's paycheck.
Note: The Union is obligated to annually inform the City of the fair share amount.
The employee's earnings must be regularly sufficient after other legal and required deductions
are made to cover the amount of the dues or service fees check off authorized. When an
employee is in a non -pay status for an entire pay period, no withholding will be made to cover
the pay period from future earnings. In the case of an employee who is in a non -pay status
during only part of the pay period, and the salary is not sufficient to cover the full withholding, no
deduction shall be made. In this connection, all other legal and required deductions have
priority over Union dues.
2.2.4 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer of the Union at the address
specified. The Union shall indemnify, defend, and hold the City harmless against any claims
made, and against any suit instituted against the City on account of check off of employee
organization dues or service fees. In addition, the Union shall refund to the City any amount
paid to it in error upon presentation of supporting evidence.
2.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of management
which have not been expressly abridged by specific provision of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1. To manage the City generally and to determine. the issues of policy;
2. To determine the existence of facts which are the basis of the management decision;
3. To determine the necessity of any organization or any service or activity conducted by
the City and expand or diminish services;
4. To determine the nature, manner, means, technology and extent of services to be
provided to the public;
5. Methods of financing;
6. Types of equipment or technology to be used;
7. To determine and/or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted;
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8. To determine and change the number of locations, re -locations and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right (after effect bargaining) to contract for or subcontract any work or
operation of the City;
9. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments;
10. To relieve employees from duties for lack of work or other legitimate reasons;
11. To discharge, suspend, demote or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in City Personnel Rules and
Regulations and this MOU;
12. To determine job classifications and to reclassify employees;
13. To hire, transfer, promote and demote employees in accordance with this Memorandum
of Understanding and the City's Rules and Regulations;
14. To determine policies, procedures and standards for selection, training and promotion of
employees;
15. To establish and modify employee and organizational performance and productivity
standards and programs including but not limited to, quality and quantity standards; and
to require compliance therewith;
16. To maintain order and efficiency in its facilities and operations;
17. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement;
18. To take any and all necessary action to carry out the mission of the City in emergencies
The City and the Union agree and understand that if, in the exercise of any of the rights set forth
above, the effect of said exercise of rights by the City impacts an area within the scope of
representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts,
and/or Federal law, the City shall have the duty to meet and confer with the Union regarding the
impact of its decision/exercise of rights.
2.4 COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than three (3) months before
the expiration date of this MOU, regarding the terms and conditions applicable to successor
MOUs. The process will be initiated by the Union through the submittal of potential meeting
dates.
3 COMPENSATION
3.1 GENERAL WAGES AND COMPENSATION
3.1.1 Pay Dates
City employees are paid twice per month on the 15th and the last working day of the month.
When a payday falls on a holiday, the payday will be transferred to the following day of regular
business unless Finance is able to complete the payroll by the previous workday. The method
of the distributing payroll shall be established by the Finance Director.
The City calculates 1,950 hours as the annual number of work hours per year (37.5 hours per
work week times 52 weeks per year equals 1,950 hours). Each semi-monthly pay period is
calculated at 81.25 hours (1,950 hours divided by 24 pay periods). The hourly rate of pay is
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calculated by multiplying the monthly rate of pay identified in Appendix A times 12 months to
equal the annual rate of pay, divided by 1,950 hours in a work year, to equal the hourly rate of
pay.
The City will modify its pay schedule to 26 pay periods effective when administratively feasible
subject to addressing technical issues and reaching agreement with all bargaining groups.
3.1.2 General Wage Increase
Effective the pay period including July 1, 2015 or the first full pay period in which the Union
ratifies this Agreement, whichever occurs later, the City will increase base wages for all
employees by 3.0%. Salary rates for all bargaining unit positions are shown in the salary table
attached as Exhibit "A".
3.1.3 Compensation Goal & Definitions
It is the goal of the City to try to achieve a total compensation package for all employees
represented by the Union in an amount equal to the following:
The average plus one dollar to the total compensation paid to the same or similar
classifications in the following nine (9) cities: Fairfield, Vallejo, Hayward, San Leandro,
South San Francisco, Alameda, Napa, Novato and Santa Rosa; and,
2. The highest total compensation paid to the same or similar classifications in the following
agencies in Marin County: Corte Madera, Larkspur, Marin County, Mill Valley, Novato,
and San Anselmo.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding
longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid
deferred compensation (except for such portion that may be part of employee cafeteria plan),
employer's contribution towards employees' share of retirement, employer's retirement
contribution, employer paid contributions toward insurance premiums for health, life, long term
disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.
3.1.4 Compensation Surveys
To measure progress towards the above -stated goal, the City and the Union will jointly survey
the identified benchmark positions, which are identified in the SEIU 1021 Represented
Benchmarks and Internal Relationships Table attached as Exhibit "B" and included as part of
this MOU, in September of the final year of this Agreement.
Identified benchmark positions from other agencies include positions that are filled as well as
those that may be unfilled, so long as the benchmark position is identified by the survey agency
as being on the salary schedule and having a job class description. Other city/agency positions
are established as benchmark positions in San Rafael's compensation survey based upon
similar work and similar job requirements.
Survey data will include all salary and benefit increases, as defined in 'total compensation'. The
City and the Union shall review the benchmark and related survey data for accuracy and
completeness.
3.1.5 Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates,
ranges, steps and any other special circumstances or items related to the total compensation
paid employees.
Each position within the classified services shall be allocated to its appropriate class in the
classification plan on the basis of duties and responsibilities. Each class shall be assigned a
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salary range or a rate established in the salary plan. All persons entering the classified service
shall be compensated in accordance with the salary plan then in effect.
3.2 STEP INCREASES
3.2.1 Entry Level Step
All initial employment shall be at the first step of the salary range, provided that the Department
Director may make an appointment to a position at an appropriate higher salary when, in his/her
opinion, it is necessary to obtain qualified personnel, or when it appears that the education or
experience of a proposed employee is substantially superior to the minimum requirements of
the class and justifies a beginning salary in excess of the first step. City Manager approval is
required for entry level appointment above Step C for any position.
3.2.2 Consideration for Step Increases
An employee may be considered for a salary step increase in accordance with the time interval
established in the salary plan as referenced in Exhibit "A". Unless otherwise noted, salary step
increases within established salary ranges are scheduled at yearly intervals. Advancement to a
higher salary step within an established salary range is granted for continued improvements and
efficient and effective work by the employee in the performance of his/her duties.
3.2.3 Merit Increases
Accelerated merit performance step increases of five percent (5%) may be granted an
employee based upon the recommendation of the Department Director and approval of the City
Manager. Employees at the maximum step of their salary range may be granted a merit
performance step increase of five percent (5%) above and beyond their salary range. A merit
step increase may be effective for up to one (1) year. A merit step increase may be withdrawn
and is not a disciplinary action and is not appealable.
3.2.4 Anniversary Date
Based upon job performance, as measured by a Performance Evaluation, employees may
receive consideration for a step increase within their salary range on their anniversary date.
When an employee is promoted or reclassified to a new position, the first pay date at the new
position shall constitute the employee's new anniversary date for purposes of the annual
Performance Evaluation.
3.2.5 Promotions
Employees promoted to higher-level positions shall be placed at the step in the new salary
range that will provide, at a minimum, a five (5%) increase (unless that would exceed the top
step in the salary range).
3.2.6 Performance Evaluations
Upon completion of the probationary period, a performance evaluation shall be prepared and
reviewed on or before the anniversary date and yearly thereafter as a means of determining
whether a step increase is merited, and/or as a means of improving employee performance and
communication between supervisors and subordinates.
Employees who receive a satisfactory or above rating on their performance evaluation shall
receive a step increase. In the event the performance evaluation occurs after the anniversary
date and the evaluation is rated satisfactory or above, the step increase shall be retroactive to
the anniversary date.
If a performance evaluation is past due by more than 60 days the City shall process a Personnel
Action Report (PAR) moving the employee to the next step in the salary range provided the
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Department Director provides a written statement to the Human Resources Director indicating
that the employee's performance is satisfactory or above. The Human Resources Director will
work with the employee's supervisor to have a performance evaluation completed as soon as
possible.
3.3 SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified, the incumbent shall be affected as outlined below:
3.3.1 To a Lower Classification
When a position is re -allocated to a lower classification the incumbent is either:
1. Transferred to a vacant position in the former classification; or
2. If the incumbent's current salary is greater than the top step of the lower classification, Y -
rated at the current salary until the salary of the lower classification is at or above the Y -
rate.
3.3.2 To a Different Classification with the Same Salary Range
When a position is reallocated to a different classification with the same salary range, the
incumbent shall be granted the same status in the new classification, in which he/she shall be
paid at the same step of the range and shall maintain the same salary rights.
3.3.3 To a Higher Classification
When a position is reclassified to a classification with a higher salary range, the incumbent is
moved into the higher classification with the position, except in the circumstances prescribed
below. Placement in the salary range shall be in accordance with the appropriate salary pay
plan.
If the duties upon which the reclassification are based could have been assigned to any of a
number of employees in that classification within the division or department, then a promotional
exam is held for the reclassified position. Such an exam is a departmental only recruitment
limited to employees within that classification. If the incumbent is not successful in this
competitive process, she/he is assigned to the position vacated by the promotion.
3.4 SPECIFIED WAGE ADJUSTMENTS/ DIFFERENTIALS
3.4.1 Out of Class Compensation
Employees assigned in writing by their supervisor to perform work in a higher paid classification,
shall be compensated at a rate 5% greater than the employee's current base salary. Eligibility
for out -of -class compensation requires a minimum assignment of five (5) consecutive days. The
out -of -class increase shall be retroactive to the first day of the assignment However, when an
employee is moving from a nonlead/supervisory to a lead/supervisory role, the out -of -class pay
becomes effective on the first day of the assignment and the five (5) day minimum requirement
does not apply. If the assignment extends beyond four consecutive weeks, then the employee
shall be compensated at the lower step of the classification within which the duties fall if that is
greater. The Department Director is required to complete a Personnel Action Report (PAR),
located on the HR page of the Intranet, to initiate out -of -class compensation.
In the event a Parking Enforcement Officer is assigned "field training" duties, the City shall
consider this as "out of class" work and the assigned Parking Enforcement Officer will receive
5% of their current pay as compensation for the hours worked in this assignment.
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3.4.2 Shift Differential Pay
a. A three percent (3%) shift differential shall be paid for all employees in the
represented bargaining group who are regularly scheduled to work fifty percent
(50%) or more of their shift between the hours of 5:00 p.m. and 11:00 p.m.
b. A five percent (5%) shift differential shall be paid for all employees in the represented
bargaining group who are regularly scheduled to work fifty percent (50%) or more of
their shift between the hours of 11:00 p.m. and 7:00 a.m.
c. Employees in job classes not identified in this section who are assigned to work the
swing or graveyard shift time periods on a temporary basis and/or on an overtime
basis are excluded from shift differential pay for those time periods.
d. Shift differential shall not be considered an additional percentage on salary for
personnel involved, but shall apply only to hours actually worked; e.g., differential
does not apply to sick leave, vacation or compensatory time, but does include
overtime for employees regularly assigned to the swing or graveyard shifts.
3.4.3 Court Pay
Parking Enforcement Officers who are required, in the course and scope of their official
employment, to appear in court or other official hearings other than during his/her work week
schedule, shall receive a minimum of four hours pay if that appearance is on a scheduled day
off. If a court appearance is required on a scheduled work day, and such appearance
commences one half (1/2) hour after completion of an employee's shift, then the employee shall
be compensated at the overtime rate for actual time spent, beginning at the conclusion of the
regular shift hours and ending upon his/her release from the court or hearing office.
3.4.4 Library Premium Pay
Regular status Library employees who work on Sundays shall be entitled to additional
compensation at one-half (1/2) their hourly pay rate for each hour worked. The Library
shall first seek regular Library employees to voluntarily work these hours before
assigning an employee to Sunday hours. This premium pay expires with the pay period which
includes January 1, 2016.
3.5 ADDITIONAL PAY
3.5.1 Educational Reimbursement — Miscellaneous Unit
The Educational Reimbursement is $200/fiscal year, maximum, with the City's payment not to
exceed 75% of the cost. Educational Reimbursement is available to employees who
satisfactorily (grade of C or better, Pass or Complete) complete a course or courses that are
pre -determined to be job related and/or that will assist the employee to prepare for career
advancement in his/her field. To be eligible, employees must have completed probation at the
time of the reimbursement, which is made at the end of the semester.
The Educational Reimbursement Program will include reimbursement for professional
membership dues for work-related organizations for employees in the "Administrative" or
"Professional" sections of the Miscellaneous Bargaining Unit. Prior supervisory approval is
necessary to be eligible for reimbursement. The total reimbursable amount remains at
$200/fiscal year.
3.5.2 Educational Reimbursement — Supervisory Unit
The Educational Reimbursement Program is $225 per fiscal year. This reimbursement is
available to employees who have satisfactorily (grade of C or better, Pass or Complete)
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completed a course or courses that are predetermined to be job-related and/or that will assist
the employee to prepare for career advancement in his/her field. To be eligible, employees
must have completed probation at the time of the reimbursement, which is made at the end of
the semester.
The Educational Reimbursement Program will accommodate reimbursement of up to $100 per
fiscal year for professional membership dues for work-related organizations for employees in
the "Administrative", "Professional", or "Library" sections of the Supervisory Bargaining Unit.
Prior supervisory approval is necessary to be eligible for reimbursement. The total reimbursable
amount remains at $225 per fiscal year.
3.5.3 Bilingual Pay — Miscellaneous Employees
Within the job classifications represented by the Union provisions are hereby established
whereby an employee may receive bilingual pay for full fluency in a foreign language.
Full fluency is defined as a skill level that will allow the employee to fully assist someone else
who does not speak English in coping with situations or problems by translating for, conversing
with and/or reading or writing written material.
An employee can petition to his/her Department Director for this bilingual pay incentive. With
the Department Director's recommendation and on review by the Human Resources Director
and approval of the City Manager the employee may begin to receive this bilingual pay
incentive.
Criteria for approval of the bilingual pay incentive by the City Manager includes:
a. Certification by a recognized school of the appropriate skill level; and/or
b. Demonstrated ability of the proficiency level on the job; and
c. Department Director's recommendation and statement that the bilingual skill of the
employee can be of value to the department and the employee in the completion of their
regular work assignments.
An employee approved for the bilingual pay incentive shall receive an additional $150.00 per
month above their base salary. Part-time employees will be pro -rated for this incentive based
on their full time equivalency (FTE).
This bilingual pay incentive shall be reviewed annually and as long as the employee
demonstrates (by work experience or re -testing, as determined by the City of San Rafael) the
full fluency skill level; and as long as the Department Director indicates the value of this skill to
the department and the employee in the completion of their regular work assignments.
Removal of the bilingual pay incentive would be considered a non -disciplinary action however
removal of bilingual pay is appealable to the Human Resources Director. The determination of
the Human Resources Director is not subject to any appeal/grievance procedure.
3.5.4 Bilingual Pay — Supervisory Unit
Within the Supervising Librarian and the Librarian 1/11 classification, the Library Director shall
establish one position eligible to receive $150.00 per month Bilingual Pay Differential. This
bilingual pay shall become effective the first payroll period after the designated employee takes
and passes an approved proficiency examination.
The employee must be certified as sufficiently fluent in a language deemed to be of work value
to the Library as determined by the Library Director and approved by the City Manager. Fluency
certification may be obtained by either passing a department approved proficiency test or
submitting a current (no more than one year old) certificate of satisfactory proficiency/fluency
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from a department approved agency or school. It is agreed that annual re -certification of
fluency is required to continue receiving the Bilingual Pay Differential. Fluency in more than one
foreign language does not entitle an employee to more than one $150.00 per month differential.
3.5.5 Sewer and Garage Employees Uniform Maintenance Program
Uniform shirts, pants and coveralls will be provided and laundered for the maintenance
employees of the Sewer and Garage work units.
3.5.6 Uniform Allowance
Maintenance employees in Parks, Streets, Building Maintenance and Community Services who
must wear uniforms shall receive a uniform allowance in the amount of $157.50 at the
completion of each six (6) months of service ending June 30th and December 31St. A pro -ration
at the rate of $26.25/month may be given with the recommendation of the Department Director
and the approval of the City Manager. Uniforms and gear must be in accordance with the
departmental dress code and safety requirements.
Parking lot attendants and parking maintenance staff will be provided with shirts, hats and
jackets by the City if they are required by the City to wear them.
The Environmental Management Coordinator, the Emergency Management Coordinator,
Parking Maintenance staff and Fire Prevention Inspector 1/II employees, if required to wear a
uniform which is not provided by the City, shall receive an annual uniform allowance of $445 per
year, paid in two installments, in June and December.
Parking Enforcement Officers (PEOs) shall receive an annual uniform allowance of $445 per
year, paid in two installments, in June and December. PEOs shall have utility and rain gear
provided by the City.
Note: While the 6 month periods end June 30th and December 31St the actual payments of the
uniform allowance are provided on the first paycheck in June and the first paycheck in
December.
A safety boot allowance of $200 per year payable on the first paycheck in December shall be
issued to employees in the following job classifications who shall be required to wear safety
boots:
2119 CONSTRUCTION INSPECTOR- SRSD
7224 CUSTODIAN
7120 EMERGENCY MANAGEMENT COORDINATOR
1201 ENVIRONMENTAL MANAGEMENT COORDINATOR
7231 EQUIPMENT SERVICE ATTENDANT
7232 FACILITY REPAIR SUPERVISOR
7291 FACILITY REPAIR WORKER 1
7233 FACILITY REPAIR WORKER II
7294 FACILITY REPAIR WORKER III
7108 FIRE PREVENTION INSPECTOR 1
7107 FIRE PREVENTION INSPECTOR II
6212 PARKING EQUIPMENT TECHNICIAN
7271 PARKS MAINT. SUPERVISOR
7236 PARKS MAINTENANCE WORKER 1
7238 PARKS MAINTENANCE WORKER II
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7239 PARKS LEAD MAINTENANCE WORKER
7290 PUBLIC WORKS DISPATCHER
7253 PUBLIC WORKS INSPECTOR
7266 SEWER MAINTENANCE WORKER 1
7267 SEWER MAINTENANCE WORKER II
7268 SEWER LEAD MAINTENANCE WORKER
7281 SEWERS SUPERVISOR
7269 SHOP & EQUIPMENT SUPERVISOR
7209 STREET MAINTENANCE SUPERVISOR
7250 STREET MAINTENANCE WORKER 1
7251 STREET MAINTENANCE WORKER II
7252 STREET LEAD MAINTENANCE WORKER
7288 SUPERVISING VEHICLE EQUIPMENT MECHANIC
7286 VEHICLE EQUIPMENT MECHANIC 1
7287 VEHICLE EQUIPMENT MECHANIC II
3.5.7 Uniform Jacket Cleaning Allowance
Maintenance employees of the Sewer work unit, including the Sewer Maintenance Supervisor,
will receive a work jacket cleaning allowance of $60.00 at the completion of each six (6) months
of service ending June 30th (paid on the June 15th paycheck) and December 31St (paid on the
December 15th paycheck). A pro -ration of $10.00/month may be given with the approval of the
Department Director.
3.5.8 Mechanical Tool Allowance
The City will provide a tool allowance of $400/fiscal year for Vehicle Equipment Mechanics, the
Equipment Service Attendant, the Shop and Equipment Supervisor, and the Parks Mechanic for
tools purchased for use in the course of City work. This tool allowance will be issued during the
month of July. Employees who receive the tool allowance are not eligible to receive
reimbursement for lost or broken tools.
3.5.9 Holiday Pay
Parking Enforcement Officers shall receive holiday pay if a holiday falls on their regular
day off. If the holiday falls on a day which they are scheduled to work, they will be paid
for the holiday automatically. The employee will use additional hours of vacation, comp,
float or unpaid leave to complete his or her regularly scheduled work day.
3.6 REVENUE SHARING
3.6.1 Conditions for Revenue Sharing
Employees in the bargaining unit positions defined in this MOU shall receive Revenue Sharing
Increases, effective January 1 of each year of the contract, in addition to the Contract Compensation
Increase (if any), if the following conditions are met:
a. If the CPI Increase, as outlined in Section 3.1.3 is greater than the Contract
Compensation Increase, and,
b. If General Tax Revenueshave resulted in revenues being available for distribution,
based upon the formula defined in Section 3.6.2, and,
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c. The "net change in General Fund Balance", as defined in Section 3.6.2 as presented
in the previous year's audited financial statements is positive, and,
d. The City's General Fund Emergency and Cash Flow reserve at the end of the
previous fiscal year contains at least 10% of the General Fund budgeted
expenditures for that same year.
If the above four conditions are met, then a Revenue Sharing salary increase shall be paid
prospectively, in accordance with the schedule below to bring the combination of the Contract
Compensation Increase and Revenue Sharing Increase up to the level of the CPI. However in no
event shall the combined Contract Compensation Increase and Revenue Sharing Increase result in
a total compensation increase that exceeds 5% for the fiscal year under review.
3.6.2 Revenue Definitions & Revenue Sharing Calculations
Net Change in General Fund Balance is determined in the course of the City's annual
financial audit, and presented as "net change in fund balance" in the City's published financial
statements.
General Tax Revenues shall be defined to include the following taxes: Sales Tax, Property Tax
(Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel
Occupancy Tax, Business License Tax and Franchise Fees. No other revenue sources of the
City will be included in this definition.
If General Tax Revenues of the City for the fiscal year previous to this contract year (i.e. FY
2014-2015) exceed General Tax Revenues of the City for the prior fiscal year (i.e. FY 2013-
2014) then the members of the bargaining unit shall be entitled to apply 35% of one-half (1/2) of
the excess of fiscal year General Tax Revenues over the prior fiscal year General Tax
Revenues adjusted for 75% of the total compensation increases provided to members for the
contract year, in accordance with the schedule below, for a Revenue Sharing Total
Compensation adjustment.
3.6.3 Schedule
a. September 7th- General Tax Revenues. The City shall make known to the Union if
General Tax Revenues have grown from the prior fiscal year on September 7th of
each year of this contract. If no growth in General Tax Revenues has taken place,
there shall be no Revenue Sharing for that fiscal year of the contract.
b. November 15th - Net Change in General Fund Balance and the Funding Level of
the City's General Fund Emergency and Cash Flow Reserve. By November 15th
of each year, the City shall make known to the Union whether there is a positive
change in the General Fund Balance when the most recently ended fiscal year is
compared to the previous one. At the same time, the City shall make known to the
Union whether the funding level of the City's General Fund Emergency and Cash
Flow reserve is at or above 10% of the budgeted expenditures. If these two
conditions are not met, then no Revenue Sharing shall take place for that contract
year.
c. November 30th - CPI. If the conditions for revenue sharing have been met for the
contract year, the City shall identify the CPI for the fiscal year in October of each
year and make the figure known to the Union by November 30th.
d. January 1St — Base Monthly Pay Increases are calculated. January 1St is the effective
start date (for paycheck date of January 31s) for Revenue Sharing Salary increases.
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4 BENEFITS
4.1 EMPLOYEE BENEFITS COMMITTEE
Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of
benefit programs, cost containment and cost savings options. The Committee shall be made up
of representatives of the SEIU, Western Council of Engineers, Local 1 - Confidential, Police
Officers Association, Police Mid -Managers Association, Firefighters' Association, Fire Chief
Officers Association, Mid -Management and Management employees.
4.2 HEALTH & WELFARE
4.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010, the City implemented a Full Flex Cafeteria plan (known as the Flexible
Benefits Plan) for active employees, in accordance with IRS Code Section 125. Active employees
participating in the City's Full Flex Cafeteria plan shall receive a monthly flex dollar allowance to
purchase benefits under the plan. The monthly flex dollar allowance effective the paycheck of
August 15, 2015 shall be:
For employee only: $ 735.88
For employee and one dependent: $ 1351.44
For employee and two or more dependents: $ 1480.90
Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year
up to a maximum of three percent (3%) on an annual basis, but shall not exceed the Kaiser
premium rates for the upcoming calendar year.
The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents, an amount not to exceed the California Public Employees' Medical and Hospital
Care Act (PEMHCA) Minimum Employer contribution, as determined by CalPERS on an annual
basis. This portion of the monthly flex dollar allowance is identified as the City's contribution
towards PEMHCA. The monthly flex dollar allowance (including the PEMHCA minimum
contribution) may be used in accordance with the terms of the cafeteria plan to purchase health
benefits or may be converted to taxable income.
If an employee has health insurance coverage through a spouse/dependent or a former
employer and provides proof of other coverage to the Human Resources Department, the
employee may elect to waive the City's health insurance coverage and the employee shall
receive $300 in flex dollars in accordance with the terms of the cafeteria plan. The City reserves
the right to modify at any time, the amount an employee is eligible to receive under this
paragraph, if required by IRS Cafeteria Plan regulations or other legislation or agency guidance.
Unless a greater benefit is required by law, part-time, regular, permanent employees working at
least 53.3% FTE shall be eligible to receive: a) pro -rated leave benefits; and b) a pro -rated flex
dollar monthly allowance based upon the regular hours the employee works. The pro -rated
share shall be equivalent to the part time employee position's ratio of hours worked to full time
equivalency.
For those part time employees hired prior to January 1, 2010 electing "Employee Only"
coverage, the flex dollar allowance shall be prorated based off $1,264. The maximum benefit
shall be $700 per month, unless a greater benefit is required by law.
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SEIU 2015-2016 .
4.2.2 Retirees Health Insurance
Employees represented by SEW who retire from the Marin County Employees' Retirement
Association (MCERA) within 120 days of leaving their City of San Rafael position (and who
comply with the appropriate retirement provisions under the MCERA laws and regulations) are
eligible to continue in the City's retiree group health insurance program offered through
PEMHCA. The City's contribution towards retiree coverage shall be the PEMHCA minimum
contribution as determined by CalPERS on an annual basis.
a. Longevity Payment for Employees hired on or before January 1, 2010
The City shall make a monthly longevity payment into a Retiree Healthcare
Reimbursement Trust (Retiree HRA Trust) on behalf of employees hired before
January 1, 2010 and who retire from the City of San Rafael as described in this
Section. The City's monthly contribution to the Retiree HRA trust shall not exceed
$752 per month. The City's contribution towards a retiree's Retiree HRA Trust
account shall continue for the lifetime of the retiree and retiree's spouse, in
accordance with PEMHCA eligibility provisions for coverage.
b. Employees hired on or after January 1, 2010, and who meet the eligibility
requirements for retiree health insurance, are eligible to continue in the City's group
health insurance program. The City's maximum contribution towards retiree
coverage under this subsection, 4.2.5b, shall be the PEMHCA minimum contribution
as determined by CalPERS on an annual basis. The City shall not be responsible for
making any contributions towards the cost of coverage of the retiree's spouse,
registered domestic partner, or dependents upon the employee's retirement from the
City in excess of the PEMHCA minimum contribution as required by CaIPERS.
The City shall additionally make available a retiree health care trust to enable these
employees to prefund retiree health care premiums while employed by the City. The
retiree health care trust shall be funded by annual conversion of 50 hours of sick time
in service on July 1 of each year, provided an employee has a remaining balance of
75 hours of sick leave after the conversion.
4.2.3 Health and Dependent Care Spending Accounts
City will offer Flexible Spending Accounts as part of its Section 125 Plan for as long as such a
plan is desired by the Union and available pursuant to the IRS Code. The Flexible Spending
Accounts offered by the City include:
a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under
the IRS Code up to the IRS Code limit,. Employees are responsible to pay the
monthly administrative fee and any increase established by the third party
administrator.
b. Dependent Care Spending Accounts: Dependent care expenses that qualify under
the IRS Code up to the IRS Code limit. Employees are responsible to pay the
monthly administrative fee and any increase established by the third party
administrator.
c. Premium Only Plan: Employee's share of medical insurance premiums shall be
deducted from employee's pay with pre-tax dollars as long as such deduction is
allowable under the applicable IRS Code.
City shall establish an annual enrollment period and each employee must re -enroll annually for
either plan noted in a. and/or b. above. City shall have the authority to implement changes to
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SEIU 2015-2016
the 125 Programs to comply with changes in applicable IRS laws without having to go through
the meet and confer process.
4.2.4 Health Insurance Providers
The City shall have the option, after meeting and consulting with representatives of The Union
Stewards' Council, of either contracting with the Public Employees Retirement System (PERS)
Health Benefits Division for health insurance or contracting directly with some or all of the
providers of health insurance under the PERS program; provided, however, contracting directly
with the providers shall not cause any material reduction in insurance benefits from those
benefits available under the PERS program.
4.3 DENTAL PLAN
The City will provide a dental insurance program which offers 100% coverage for diagnostic and
preventative care; $25.00 deductible on corrective care (80/20); and an 80% payment of eligible
costs associated with crown and cast restoration per patient per calendar year and orthodontic
coverage for eligible dependents (50/50). The dental provider will provide payments for covered
services at the percentage indicated in the plan booklet up to a maximum of $1,500 for each
enrollee in each calendar year.
Dental insurance enrollment is available to part time, regular, permanent employees working at
least 53.3% FTE. The City's contribution towards the monthly dental insurance premium will be
prorated based on the FTE level of the part time employee.
4.4 VISION CARE PLAN
The City will provide vision care benefits for employee only coverage. Employees may enroll
qualified family members and pay the premium costs for such enrollment.
4.5 LIFE INSURANCE
The City shall be responsible for paying premiums for a life insurance and Accidental Death &
Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a
$5,000 life insurance and a $5,000 AD&D benefit. The City shall also make available a
voluntary life insurance program at employee expense.
4.6 LONG TERM DISABILITY INSURANCE
The City shall be responsible for paying premiums for a Long Term Disability Policy for each
employee that satisfies the eligibility provisions of the long term disability policy. The Long Term
Disability policy shall provide for salary replacement of 66.67% of an individual's salary up to a
maximum disability benefit of $1,000 per month.
4.7 RETIREMENT CONTRIBUTION
4.7.1 City Paid Employee Retirement (City Paid Member Contribution)
Bargaining unit members shall pay the full share of the employee's contribution to the Marin County
Retirement System.
The City of San Rafael acknowledges that under its current practice, the employee's share of
their retirement contribution is deducted with pretax dollars. This practice will continue until
changed through the Meet and Confer process or until IRS regulations change.
4.7.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 2.7% at 55 -
retirement program to all miscellaneous members, as defined under the 1937 Act Government
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Code Section 31676, subject to Marin County
and regulations and applicable 1937 Act laws
employee's single highest year of compensation.
Employee Retirement Association procedures
that govern such plans. This is based on an
Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the
formula 2% at 55, calculated based on the average of their highest three years of
compensation, in accordance with MCERA regulations. The annual pension adjustment shall
be a maximum of 2% COLA. Minimum retirement age is 55.
Employees hired by the City on or after January 1, 2013 who are defined as "new members" of
MCERA in accordance with the Public Employees' Pension Reform Act (PEPRA) of 2013, shall
be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is
responsible for paying the employee contribution of half of the total normal cost of the plan, as
defined by MCERA, through a payroll deduction. Final compensation will be based upon the
highest annual average compensation earnable during the thirty six (36) consecutive months of
employment immediately preceding the effective date of his or her retirement or some other
period designated by the retiring employee.
4.7.3 Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee
Retirement Association will pay their full share of members' cost of living rates as allowed under
Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution
rates include both the basic and COLA portions (50% of COLA is charged to members as
defined in the 1937 Act).
4.8 STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically deducted from their
paycheck and no City contribution will be made toward participation in the plan.
It is incumbent upon the employee to keep the City advised of their medical status, within
HIPAA guidelines, and eligibility for SDI. With this notification, SDI benefits, as determined by
the State, shall be integrated with accrued sick and vacation leave in the following manner:
a. Employee notifies supervisor of disability and need for time off. At the same time
employee files for SDI through the State Office.
b. Supervisor verifies from leave records the employee's accrual balances and
projects whether or not employee would, under normal circumstances, be placed
in a leave without pay status during the time off period.
c. Personnel Action Report (PAR) is completed by the supervisor to document
request and approval of extended leave.
d. Human Resources Department, on receipt of the PAR, contacts employee and
supervisor to discuss availability of coordination of SDI with leave benefits.
e. Employee's time off is recorded as sick leave and if necessary then vacation
leave on time cards submitted by the supervisor to the Payroll Office.
Upon receipt of the SDI payments, the employee must endorse the payments
over to the City of San Rafael to receive credit for leave taken.
g. Based upon the employee's hourly rate of pay, the Payroll Office computes how
much used sick and/or vacation leave time the employee will be credited and
credits the employee with those hours. NOTE: The employee may not be
credited more than accrued at or during the time of the disability.
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h. The Human Resources Department, after notification from Payroll, notifies the
employee when they have used all accrued sick and/or vacation time and when
leave without pay status (LWOP) begins. Once the employee is on LWOP they
would keep any SDI payments received and would be fully responsible for the
monthly health, dental and life insurance premiums if they chose to remain in the
group plans. FMLA/CFRA provide an exception and are referenced under
Section 5.4.8.
S LEAVES
5.1 SICK LEAVE
5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at
an employee's discretion, but shall be allowed only in case of necessity and actual sickness or
disability. The employee is required to notify employee's immediate supervisor or Department
Director according to department Rules and Regulations at the beginning of his/her daily duties.
The City has the right to request a verification from an employee who is absent from his/her
duties for two (2) or more consecutive workdays. The verification shall be either a physician's
certificate or the employee's personal affidavit verifying the employee's eligibility for sick leave.
5.1.2 Sick Leave Accrual
All eligible full time employees shall earn sick leave credits at the rate of one (1) working day per
month commencing with the date of employment. Unused sick leave may be accumulated to
any amount but a cap exists for payoff purposes (see Section 5.1.6). The sick leave accrual
rate is prorated for eligible part time employees.
5.1.3 Use of Sick Leave
An employee may use accrued sick leave during their probationary period. An employee
eligible for sick leave with pay shall be granted such leave for the following reasons:
1. Personal illness of the employee or illness within the immediate family (family member
means an employee's spouse, registered domestic partner, any unmarried child,
including adopted child, a stepchild, or recognized natural child who lives with the
employee in a regular parent-child relationship, parent, including in-laws, and
grandparent), or for any physical incapacity of the employee resulting from causes
beyond the employee's control; or
2. Enforced quarantine of the employee in accordance with community health regulations;
or
3. Medical appointments that cannot be scheduled during non -working hours.
5.1.4 Advance of Sick Leave
Whenever circumstances require, and with the approval of the City Manager, sick leave may be
taken in advance of accrual up to a maximum determined by the City Manager, provided that
any employee separated from the service who has been granted sick leave that is un -accrued at
the time of such separation shall reimburse the City of all salary paid in connection with such
un -accrued leave.
5.1.5 Service Credit for Sick Leave
Employees who retire from the City of San Rafael within 120 days of leaving City employment
(excludes deferred retirements) shall receive employment service credit for retirement purposes
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SEIU 2015-2016
only for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are
eligible to receive and they elect to receive in compensation for at the time of retirement
pursuant to Section 5.1.6 Compensation for Unused Portion (Sick Leave Payoff).
Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of
any accrued, unused sick leave for retirement purposes.
5.1.6 Compensation for Unused Portion
Upon termination of employment by resignation, retirement or death, a regular employee who
leaves the City service in good standing shall receive compensation for all accumulated unused
sick leave based upon the following formula: a rate of three percent (3%) for each year of
service (i.e., 3% times number of employment service years). The maximum number of
accumulated, unused sick leave an employee may be compensated for upon termination of
employment is 600 hours. See Section 5.1.5 regarding service credit option for accumulated,
unused sick leave that the employee is not compensated for upon termination.
5.2 VACATION LEAVE
5.2.1 Eligibility
Annual vacation with pay shall be granted each eligible employee. Vacation leave accrual shall
be prorated for those employees working less than full time. Employees will be permitted to use
accrued vacation leave after six (6) months of employment subject to the approval of the
Department Director.
5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full time employee
(part time regular are prorated) shall accrue vacation at the following rate for continuous service.
Each service year in the chart begins on the first working day and ends on the last day of the
service year:
Service Year
Annual Hours
Hours Per Month
1
75.000 hours
6.2500
2
75.000 hours
6.2500
3
75.000 hours
6.2500
4
112.500 hours
9.3750
5
117.867 hours
9.8222
6
123.234 hours
10.2695
7
128.601 hours
10.7167
8
133.968 hours
11.1640
9
139.335 hours
11.6110
10
144.702 hours
12.0580
11
150.000 hours
12.5000
12
157.500 hours
13.1250
13
165.000 hours
13.7500
14
172.500 hours
14.3750
15
180.000 hours
15.0000
16 plus
187.500 hours
15.6250
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SEIU 2015-2016
When an employee is on an approved leave without pay, vacation accrual is prorated based
upon paid hours in the pay period. Upon the City's modification of its pay schedule to 26 pay
periods, the above accrual rates shall be adjusted to a pay period basis.
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance
vacation credits to any permanent regular and permanent part-time employee.
No employee may accrue more than 250 hours. Vacation accruals will resume once the
employee's accumulated vacation balance falls below the allowable cap limit.
The time at which an employee may use his/her accrued vacation leave and the amount to be
taken at any one time, shall be determined by employee's Department Director with particular
regard for the needs of the City but also, insofar as possible, considering the wishes of the
employee.
The Maximum amount of vacation leave that may be taken at any given time shall be that
amount that has accrued to the employee concerned, subject to the Department Director's
approval. The minimum amount of vacation that may be taken at any given time shall be one-
half (1/2) hour (except that as permitted by law, the City shall authorize the use of vacation time
in smaller increments to coordinate disability or workers compensation leaves with employee
accrued paid time). Vacation leave granted by the City and used by an employee shall be
deducted from the employee's vacation leave bank.
In the event that one or more City holidays falls within an annual vacation leave, such holiday
shall not be charged as vacation leave, and the vacation leave shall be extended accordingly.
Employees who terminate their employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination.
Employees may request a temporary waiver of their vacation cap, should a work related injury
prevent use of vacation time. Such requests would need to be in writing, submitted through the
department, and receive the approval of the Department Director and the City Manager.
5.2.4 Vacation Cash -In
An employee, who has taken at least ten (10) days of vacation in the preceding twelve (12)
months, may request in any fiscal year that accrued vacation, not to exceed seven (7) days, be
converted to cash payments and the request may be granted at the discretion of the City
Manager. Employees cannot cash in more than seven (7) days of vacation in any one twelve
(12) month period.
5.3 HOLIDAYS
5.3.1 Paid Holidays
All employees who are required to work on a day designated as an authorized holiday, other
than a day on which an election is held throughout the state, shall be paid at the applicable rate
of pay for the number of hours actually worked.
When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the
Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed.
By written agreement between the employee and supervisor, an employee working an
alternative work schedule can bank the holiday time to be scheduled as paid time off at a later
date. Holidays will be lost if not used within the same fiscal year, and will not be cashed out at
any time during employment or upon separation..
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SEIU 2015-2016
The following holidays will be observed:
January 1s'
New Year's Day
The third Monday in January
Martin Luther King Jr. Day
The third Monday in February
Washington's Birthday
March 31"
Cesar Chavez Day
The last Monday in May
Memorial Day
July 4 Holiday
Independence Day
The first Monday in September
Labor Day
November 11 th
Veteran's Day
The fourth Thursday in November
Thanksgiving Day
The fourth Friday in November
Day after Thanksgiving
December 25 th
Christmas Day
In addition to designated holidays, employees in this Unit receive two (2) floating holidays.
Floating holidays not used are added to employee's vacation balance. Part-time employees will
be paid for holidays on a pro -rated basis.
5.4 OTHER LEAVE
5.4.1 Personal Leave — Supervisory Unit
Up to two (2) days of Personal Leave per fiscal year shall be granted to Supervisory Unit
employees, with prior supervisory approval. Employees must submit leave requests two (2)
weeks in advance. Unused Personal Leave does not carry over and cannot be cashed out.
5.4.2 Safety Holiday
A Safety Holiday Incentive Program is established for maintenance employees. Employees will
be placed in one of the following units. The units are: (1) Park Division; (2) Street Division; (3)
Sewer Division; (4) Garage Division; (5) Building Maintenance Division; or (6) Community
Services Custodians. For part-time employees in these units who are eligible for benefits, any
safety holiday will be pro -rated. If all employees of a designated unit complete six (6) months
without a work-related injury or illness resulting in one full day of lost time, a Safety Holiday will
be granted to all employees of that unit, with specific time off granted with prior Supervisory
approval. Note: Multiple days of lost time for the same injury or illness shall be considered as
one incident.
5.4.3 Bereavement Leave
In the event of the death of an employee's spouse, child, parent, brother, sister, registered
domestic partner, grandchild, grandparent, in-laws, relative who lives or has lived in the home of
the employee to such an extent that the relative was considered a member of the immediate
family and/or another individual who has a legal familial relationship to the employee and
resided in the employee's household, up to three (3) days within the State and up to five (5)
days out-of-state may be granted for bereavement leave.
In those cases where the death involves an individual who had such a relationship with the
employee, as defined above, the employee shall sign a simple affidavit describing the
relationship and submit this to the Department Director as part of the request for bereavement
leave.
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5.4.4 Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with pay from
their assigned duties until released by the court, provided that the employee provides advance
notice to the Appointing Authority and remits to the City all per diem service fees except mileage
or subsistence allowance within thirty days from the termination of such duty.
5.4.5 Military Leave
Military leave shall be granted in accordance with the State of California Military and Veteran's
Code as amended from time to time. All employees entitled to military leave shall give the
appointing authority and the Department Director an opportunity, within the limits of military
regulations, to determine when such leave shall be taken.
5.4.6 Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the written request of
the employee. Accrued vacation leave must be exhausted prior to the granting of leave without
pay.
5.4.7 Industrial Injury Leave
For benefits under Workers Compensation, an employee should report any on the job injury to
his/her supervisor as soon as possible, preferably within twenty-four (24) hours. The Human
Resources department coordinates benefits for Worker's Compensation claims. For further
information see the City's Workers' Compensation policy located on the Intranet
(https://intranet.cityofsanrafae1. org).
Employees of the City who have suffered any disability arising out of and in the course of their
employment as defined by the Worker's Compensation Insurance and Safety Act of the State of
California are entitled to all benefits allowed them by the Workers' Compensation Insurance and
Safety Act of the State of California.
Temporary disability payments (TD) are made to all employees (full and part-time) when a
physician reports an employee is unable to perform their job duties due to an industrial injury
and the City cannot accommodate the restrictions mandated by their physician. TD is set by
State law and is approximately two-thirds of full salary with state -mandated minimums and
maximums. For full-time, regular employees, however, the City augments TD payments with
salary continuation as follows: Compensation leave payments shall not exceed the employee's
regular full pay for the first three 3) calendar months and three-fourths (3/4) of the regular full
pay for the following six (6) calendar months.
Sick Leave Usage Post Industrial Injuryllllness:
The following rule applies to employees who have an accepted industrial injury/illness: Available
accrued sick leave cannot be used for more than 60 calendar days after one of the following has
been determined:
a. The employee has reached maximum medical improvement and/or has been
determined "permanent and stationary",
b. The employee has been determined to be unable to return to their usual and customary
occupation, with or without reasonable accommodation.
Given the above has occurred, next steps would include:
a. The interactive process; attempt to locate other appropriate employment within the City
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SEIU 2015-2016
b. If none available, proceed with termination process, including disability retirement
application and/or Skelly process, if appropriate.
5.4.8 Family Medical Leave
Union members agree to adhere to the provisions of the City's Family Medical Leave Policy
which is available on the City's Intranet Website.
5.4.9 Catastrophic Leave
Catastrophic leave shall be in accordance with the City Catastrophic Leave Policy which is
available on the City's Intranet website.
6 TERMS & CONDITIONS OF EMPLOYMENT
6.1 HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all represented job
classes. Unless otherwise designated, the normal business hours for vacation, sick and
administrative leave deduction and sick and administrative leave accrual purposes shall be 7.5
hours per day. The 37.5 hour work week will begin July 1, 2013, at which time employees shall
return to the work schedule worked prior to implementation of the 36 -hour work week, unless
otherwise arranged with the Department Head. .
6.2 OVERTIME
Overtime shall mean actual time authorized and worked beyond thirty seven and one-half (37.5)
hours in a regular work week. A work or duty week shall be defined as seven (7) consecutive
calendar days. Overtime is compensable to the nearest half-hour, and must have prior
authorization and approval of the Department Director.
Each Department Director shall have the authority to designate certain job classifications for
mandatory overtime in emergencies. In the event the Department Director determines that
there is a staffing need during an emergency, the Department Director shall first make a
reasonable effort to seek qualified volunteers to work overtime during the emergency. If the
Department Director determines that there are an insufficient number of volunteers, or if time
constraints prevent the soliciting of volunteers, the Department Director may order employees in
the designated classifications (may vary depending on the emergency but primarily relates to
job classifications in the Street Division of Public Works) to report to work in overtime status to
address the emergency.
6.3 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be
taken subject to the following rules:
6.3.1 Accrual Limit
Employees may accrue up to 115 hours of compensatory time after which said employee must
accept overtime pay in lieu of accruing additional compensatory time.
6.3.2 Overtime Rate
Employees who work overtime may be paid for it at the rate of time and one-half or may accrue
compensatory time at a rate of time and one-half subject to the limitations in Section 6.3.1.
Employees who elect compensatory time must take the time off, preferably within the quarter
during which it was earned, and shall not be paid for it.
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SEIU 2015-2016
6.4 STAND BY OR CALL BACK DUTY
6.4.1 Compensation When Assigned to Call Back Duty
Miscellaneous and Supervisory employees assigned standby duty on Saturday, Sunday or a
day designated as an authorized holiday by the City Council shall be compensated at the rate of
six (6) hours of their base salary for each day of standby duty. To identify employee eligible for
standby covering holidays, the City and Union acknowledge standby eligibility shall rotate at
12:00 a.m. (midnight) on each Wednesday of the week.
Weekend duty will start at 12:00 midnight on Friday, and will end 12:00 a.m. on Monday. On
holidays during the week, duty will start at 12:00 a.m. on the designed holiday and will end at
12:00 a.m. on the next regular work day, or the employee will receive compensatory time off on
a straight time basis. At the time of accrual, the employee will designate either salary or
compensatory time. Compensatory time off must be approved in accordance with normal leave
request procedures.
6.4.2 Compensation When Not Assigned to Call Back Duty
When an employee not assigned to standby duty is called back to duty, the employee shall
receive compensation for a minimum of four (4) hours.
6.4.3 Minimum Payment for Call Out
Employees on standby duty who are called out and required to work shall be paid a minimum of
two (2) hours at the rate of time and one half, for each time they are called out.
6.4.4 Standby Residency and Pagers
The residency requirement for standby personnel shall include those individuals who live within
a thirty (30) minute travel distance from the Corporation Yard. Pagers and/or cell phones shall
be provided to those persons on standby. Standby assignments will rotate based on seniority
and availability.
A Miscellaneous or Supervisory Unit employee within the residency area shall be considered
eligible for standby duty from 12:00 midnight on the first day of standby duty to 12:00 midnight
on the last day of standby duty. This includes all holidays that may fall within that period. At the
end of this period, standby duty is then assigned to the next employee on the list.
If an employee is sick or has scheduled time off, standby will move to the next person on the
list. It is noted this list was originally established by lottery and that new employees are placed
at the bottom of the list.
6.5 DOT AND CLASS B REQUIREMENTS
Employees in the following job classes are covered by this policy DOT policy and are subject to
the terms and conditions of the City's DOT Policy:
• Street Maintenance Worker 1/11*
Equipment Service Attendant
• Street Maintenance Worker III
Supervising Vehicle Equipment Mechanic
• Street Lead Maintenance Worker
Sewer Maintenance Worker I**
• Street Maintenance Supervisor
Sewer Maintenance Worker II
• Park Equipment Mechanic
Sewer Maintenance Worker III
• Parks Maintenance Worker II
Sewer Maintenance Supervisor
• Parks Lead Maintenance Worker
Sewer Maintenance Superintendent
• Vehicle Equipment Mechanic I**
• Vehicle Equipment Mechanic II
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SEIU 2015-2016
* Street Maintenance Worker 1/11 hired before September 1, 2009 had the option to sign a document stating that
they would obtain a Class B license and thus participate in the DOT program within 6 months from October 1, 2009.
If the employee elects to obtain and maintain a Class B license, he/she is in the program for the duration of their
employment in the position. If assigned to a Class B task, these employees will receive out of class pay for the day
(s) they were required to drive a Class B vehicle.
** Must obtain Class B license within one year of date of hire and become subject to DOT when license is obtained.
Effective September 1, 2009, employees hired or promoted into Street Maintenance Worker 1/11
position will be required to obtain a Class B license prior to passing of probationary period and
participate in the DOT Program. These employees will not receive out of class pay when
required to drive a Class B Vehicle.
Street Maintenance Worker 1/11 employees can opt in to the DOT program upon promotion or if
they obtain the Class B license on their own.
Class B license will remain a requirement for Park Maintenance Worker 11. If assigned to a
Class B task, these employees who have the Class B license will receive out of class pay for the
day (s) they were required to drive a Class B vehicle. However, Parks Maintenance Worker 11's
hired before September 1, 2009 had a one-time option of opting out of the Class B License
Program by October 1, 2009.
Effective September 1, 2009, employees hired or promoted into Maintenance Worker 1/11
position will have to have the Class B within six (6) months from initial date of appointment.
These employees will not receive out of class pay when required to drive a Class B vehicle.
Parks Maintenance Worker 1/11 employees can opt in to the DOT program upon promotion or if
they obtain the Class B license on their own.
6.6 PROBATIONARY PERIOD
6.6.1 Purpose of Probation
After passing an examination and accepting appointment, each employee shall serve a period
of probation beginning on the date of appointment. Such period shall be for the purpose of
determining the employee's ability to perform satisfactorily the duties prescribed for the position.
6.6.2 Length of Probationary Period
The probationary period on original and promotional appointment shall be for one (1) year.
Employees shall receive one written Probationary Evaluation from their immediate supervisor
during the Probationary Period, preferably at the midway point.
6.6.3 Rejection During Probation
During the probationary period an employee may be rejected at any time by the Appointing
Authority without the right of appeal.
6.6.4 Notification of Rejection
On determining that a probationary employee's work is not satisfactory, the Appointing Authority
shall notify the Human Resources Director of his/her intention to terminate the employee. After
discussion with the Human Resources Director, the Appointing Authority shall notify employee
in writing of his/her rejection.
6.6.5 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or injury or
compelling personal situation during which time the employee was unable to work. In such
cases, the probationary period may be extended for the length of time the ill or injured employee
was unable to work.
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6.6.6 Regular Status
Regular status shall commence with the day following the expiration date of the probationary
period.
6.6.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher position
classification provided he/she is certified from the appropriate Eligible List. The employee
promoted in this manner shall serve a new probationary period for the position to which
employee is promoted and the new probationary period and promotional appointment shall be
effective the same date.
6.6.8 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/her promotional probationary period shall be
reinstated to the position in which the employee held regular status prior to his/her promotion.
Provided, however, that if the cause for not passing the promotional probationary period was
sufficient grounds for dismissal, the employee shall be subject to dismissal without
reinstatement to the lower position.
6.6.9 Lateral Transfer Probation
Voluntary transfers to another job classification, within the same salary range, shall require a six
(6) month probationary period. In the event of unsuccessful passage of this period refer to
Section 6.6.8.
6.7 TRANSFERS / REASSIGNMENTS
6.7.1 Types of Transfers
Transfers may be within the same department (intra -departmental) or between departments
(inter -departmental). The requirements for each are as follows:
a. Intra -departmental transfers.
The Appointing Authority shall have the authority to transfer an employee from a
position in one division of a department to a position in the same or similar
classification with the same salary range, in the same division or to another
division of the same department (at any time and for any duration).
b. Inter -departmental transfers.
An employee may transfer from a position in one (1) department to a position in
the same or similar classification in another department, provided the consent of
the two Appointing Authorities and the City Manager is obtained.
c. Voluntary Transfers.
An employee may make a written request for transfer to the Human Resources
Director to a position in the same or similar classification with the same salary
range. Such a transfer may be made on the recommendation of the affected
Department Director(s) and the approval of the City Manager.
6.7.2 Minimum Qualifications & Probation
Any persons transferred to a different position shall possess the minimum qualifications for the
position.
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SEIU 2015-2016
6.7.3 Transfer Procedures
The City Manager may authorize the transfer of an employee from one position to another of the
same or comparable class of work and where the same general type of examination is given for
entrance to such a position.
Transfers from one department to another department having a different jurisdiction or different
function shall be done only with the consent of the Department Directors involved, unless such a
transfer is ordered by the City Manager for purpose of economy or efficiency.
Any person transferred to a different position shall possess the minimum qualifications for the
position.
Employees who have completed their initial probation may seek voluntary transfers to positions
within the same job class, and/or lower level job classes as long as the employee meets the
minimum qualifications for the position. Employees seeking transfer should submit a completed
application to the Human Resources Department. As vacancies occur, transfer candidates may
receive consideration along with those on the eligibility list.
6.8 PERSONNEL RULES & REGULATIONS
Employees covered by this MOU agree to follow the City's Personnel Rules and Regulations
located on the City's Intranet website.
6.8.1 Drug & Alcohol Policy
The City and the Union agree to the non -DOT general drug and alcohol policy. A copy is
available with the City's policies and on the City's Intranet website. (Safety sensitive job classes
are covered by the DOT Drug and Alcohol Policy previously agreed to by both parties and
located on the City's Intranet website).
6.8.2 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human
Resources Director shall take all necessary steps to protect the confidentiality of those
materials. Disclosure of such records shall be governed by the Public Records Act,
Government Code Sections 6250, et. seq. Individual employees may review their official
personnel file maintained by the Human Resources Department and/or respective appointing
authority. With the written consent of the employee, the authorized representative of the
recognized employee organization may also review that personnel file.
6.8.3 Confidential Nature of Medical Records
All medical records and files are the property of the City of San Rafael. These confidential
records and files are to be maintained in a file separate from the employee's personnel file in
the Human Resources Department. Disclosure of such records shall be governed by the Public
Records Act, Government Code, Section 6250, et. seq.
6.8.4 Outside Employment Policy
Outside Employment shall be in accordance with the City's Outside Employment Policy which is
available on the City's Intranet website.
6.8.5 Use of City Vehicle
Public Works Supervisors, at the direction of the Department Director, will be allowed to take a
City vehicle home in emergency conditions.
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SEIU 2015-2016
6.8.6 Wireless Communication Policy
Union members agree to adhere to the provisions of the City's Wireless Communication Policy
which is available on the City's Intranet Website. Upon recommendation of the Department
Director, the City will provide Bluetooth devices to those employees who are required to use
their City cell phone while driving during the course of business.
6.8.7 Safety Policy
The City of San Rafael is committed to providing a safe and healthy place to work. The City
shall furnish safety devices and safeguards, and shall adopt and use methods and processes
adequate to ensure that the work place is safe and healthy. Employees are expected to obey
safety rules and make proper use of safety gear and equipment. The City's safety policies and
procedures shall comply with all applicable state laws related to a safe work environment.
6.9 MISCELLANEOUS
6.9.1 Hazardous Materials
Maintenance employees in the Union will be provided with the necessary training associated
with what is termed first responder awareness level. First responders at this level (awareness
only) are those who are likely to witness or discover a hazardous substance release and who
have been trained to initiate an emergency response operations level. "Awareness" individuals
take no action beyond notifying the designated authorities of the release. The on -duty Fire
Battalion Chief is the Incident Commander in the event of a hazardous material release.
It is understood and agreed by both parties that maintenance employees in this Union do not
have any responsibility to clean up, mitigate or otherwise dispose of hazardous materials. The
Fire Department personnel and/or contract personnel have the direct responsibility of dealing
with hazardous materials.
Maintenance employees of this Union do have direct responsibility to handle (clean up, mitigate,
transport, dispose of, etc.) petroleum products such as diesel fuel gasoline, drain oil, and the
like.
6.9.2 Gratuities/ Solicitation of Contributions
Gratuities and/or solicitation of contributions are not allowed.
6.9.3 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to an
employee shall be returned to the employee's supervisor before leaving City employment.
6.9.4 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and
Federal Law.
6.9.5 Employment of Relatives
Employment of relatives shall be governed by the City's Personnel Rules and Regulations.
6.9.6 Labor/Management Meetings
The City and the Union agree that consultation meetings may contribute to improved employer-
employee relations.
The committee shall be comprised of three (3) representatives from the Miscellaneous and
Supervisory Units and three (3) from City Management as well as the SEIU Field
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SEIU 2015-2016
Representative and the Human Resources Director. The parties agree that committee
members may change depending on the subject matter.
Meetings may be requested by either party. The party requesting the meeting shall submit a
proposed agenda and the receiving party shall acknowledge and confirm the date, time and
location of the requested meeting. It is intended that the subject matter will not include issues
subject to Article 7.4 Grievance Procedures.
6.9.7 Contract Orientation Work Sessions
The City and the Union agree that the individuals having responsibility for the enforcement of
the Agreement, Union Stewards and Department Directors/Supervisors, shall participate in an
Annual Contract Orientation Work Session for the purpose of obtaining a better understanding
of the provisions of the contract. These work sessions shall be held on City time and facilities.
6.9.8 Temp Seasonal Employees
Both the City of San Rafael and SEIU 1021 recognize the valid, necessary reasons for
appropriate temporary, seasonal, retiree, and fixed -term work. The City follows the Resolution
of the City Council of the City of San Rafael adopting a temporary, seasonal, retiree, fixed -term
salary and benefit plan. The City shall make its best efforts, with consideration to the fiscal
condition of the City, to continue to transition temporary positions that are used in a recurring,
routine manner and perform work typically accomplished by SEIU classifications throughout the
term of the agreement, to regular City positions.
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
7.1.1 Demotion
The Appointing Authority may demote an employee when the following occurs:
a. The employee FAILS to perform his/her required duties
b. An employee requests such a demotion. No employee shall be demoted to a
classification for which he/she does not possess the minimum qualifications.
When the action is initiated by the Appointing Authority, written notice of
demotion shall be provided to an employee at least ten (10) working days before
the effective date of the demotion, and a copy filed with the Human Resources
Department.
Withholding a salary step increase or withdrawing a merit step increase within or above the
salary range of the employee's position shall not be deemed a demotion.
Disciplinary demotion action shall be in accordance with Article 7.3 Disciplinary Action.
7.1.2 Suspension
The Appointing Authority may suspend an employee from a position at any time for a
disciplinary purpose. Intended suspension action shall be reported immediately to the Human
Resources Director, and shall be taken in accordance with Article 7.3 Disciplinary Action.
7.2 TERMINATION OF EMPLOYMENT
7.2.1 Resignation
An employee wishing to leave City service in good standing shall file with his/her immediate
supervisor, at least fourteen (14) days before leaving service, a written resignation stating the
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SEIU 2015-2016
effective date and reason for leaving. A copy of the resignation shall be forwarded to the
Appointing Authority and Human Resources Department.
7.2.2 Termination - Layoff (Lack of work or funds)
The Appointing Authority may terminate an employee because of changes in duties or
organization, abolishment of position, shortage of work or funds, or completion of work for which
employment was made.
7.2.3 Termination - Disciplinary Action
An employee may be terminated at any time for disciplinary action, as provided in Article 7.3
Disciplinary Action.
7.2.4 Retirement
Retirement from City service shall, except as otherwise provided, be subject to the terms and
conditions of the City's contract, as amended from time to time, with the Marin County
Retirement System.
7.3 DISCIPLINARY ACTION
7.3.1 Right to Discipline & Discharge
Upon completion of the designated probationary period an employee shall be designated as a
non -probationary employee and the City shall have the right to discharge or discipline any such
employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to
perform work as required or to observe the Department's safety rules and regulations, or for
engaging, during the term of this Memorandum of Understanding, in strikes, individual or group
slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of
Understanding, except where permitted by law. The City shall use progressive disciplinary
steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to justify
termination. Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary,
and suspension resulting in loss of pay.
In addition, the City may discipline or discharge an employee for the following: Fraud in
securing appointment; negligence of duty; violation of safety rules; unacceptable attendance
record including tardiness, overstaying lunch or break periods; possession, distribution or under
the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous
drugs during working hours; inability, unwillingness, refusal or failure to perform work as
assigned, required or directed; unauthorized soliciting on City property or time; conviction of a
felony or conviction of a misdemeanor involving moral turpitude; unacceptable behavior toward
(mistreatment of discourteousness to) the general public or fellow employees or officers of the
City; falsifying employment application materials, time reports, records, or payroll documents or
other City records; misuse of City property; violation of any of the provisions of these working
rules and regulations or departmental rules and regulations; disorderly conduct, participation in
fights, horseplay or brawls; dishonesty or theft; establishment of a pattern of violations of any
City policy or rules and regulations over an extended period of time in which a specific incident
in and of itself would not warrant disciplinary action, however, the cumulative effect would
warrant such action; failure to perform to an acceptable level of work quality and quantity;
insubordination; other acts inimical to the public service; inability or refusal to provide medical
statement on cause of illness or disability.
7.3.2 Preliminary Notice
A non -probationary employee shall receive a preliminary written notice from the employee's
Supervisor of any proposed disciplinary action that involves the loss of pay. The notice must
34
SEIU 2015-2016
contain a specific statement of charges or grounds upon which the proposed disciplinary action
is based and the date the disciplinary action will be effective.
Any known written materials, reports or documents upon which the disciplinary action is based
must be attached to the notice.
Upon the receipt of the notice, the employee shall have five (5) days to appeal the matter in
writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action
shall be imposed until the Department Director has conducted a hearing with the employee and
employee's representative present and having heard the response of the employee.
If no written appeal is filed within five (5) days, the employee shall be deemed to have waived
his right to proceed to Step 4 of the Grievance Procedure.
7.3.3 Disciplinary Action and Appeal
After hearing the response of the employee, the Department Director may order that the
proposed disciplinary action or modification thereof be imposed. Such notification shall be
issued in writing within 10 days of the meeting.
If the employee elects to appeal the Department Director action, he/she may request a
confidential settlement conference with the City Manager. Participation in the confidential
settlement conference shall be voluntary. If the matter is still unresolved after the confidential
settlement conference, the employee shall notify the City within ten (10) days that the matter is
appealed to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in
accordance with the Grievance Procedure. The City Manager's decision shall be final for
suspensions of five (5) days or less.
7.3.4 Harassment Policy
It is the City's intent and purpose to provide all officials, employees, applicants and contractors
with an environment that is free from any form of harassment, discrimination or retaliation.
Employees shall refer to the City Policy against Harassment, Discrimination and Retaliation
which is available on the City's Intranet website.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
Grievance is a dispute which involves the interpretation or application of any provision
of this Memorandum of Understanding. A dispute regarding the interpretation of the
City's Personnel Rules and Regulations is subject to the grievance procedure up to Step
3 (City Manager). All ordinances, resolutions, rules and regulations which are not
specifically covered by the provisions of this Memorandum shall not be subject to the
Grievance Procedure.
2. Day shall mean any that the City Office is open for business, excluding Saturdays,
Sundays and the holidays recognized by the City.
3. Grievant may be an individual employee or a group of employees or the Union on behalf
of a group of employees or the Union on its own behalf on matters involving the City and
Union relationship.
4. Time limits begin with the day following the event causing the grievance or the day
following receipt of a grievance decision.
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SEIU 2015-2016
7.4.2 Procedure
Step 1
Within seven (7) days of when the grievant knew or should have known of the act or
omission causing the grievance, the grievant shall present either in writing or verbally a
clear and concise statement of the grievance to the immediate supervisor.
Within five (5) days thereafter, the immediate supervisor shall investigate and respond to
the allegations of the grievant.
Step 2•
If the grievant is not satisfied with the resolution at Step 1, the grievant must reduce the
grievance to writing and present it to the Department Director within five (5) days.
The written grievance shall contain a statement of facts about the nature of the
grievance and shall identify the specific provisions of this Memorandum of
Understanding alleged to be violated, applicable times, places and names of those
involved, the remedy or relief requested, and shall be signed by the grievant.
The Department Director shall confer with the grievant and within ten (10) days respond
to the allegations in writing.
Step 3•
If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five
(5) days appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City Manager
deems it appropriate and within ten (10) days thereafter, respond to the allegations in
writing.
Step 4•
If the grievance remains unresolved after Step 3, the Union may, by written notice to the
City's Human Resources Department within ten (10) days after the receipt of the
response in Step 3, notify the City that the Union wishes to appeal the grievance to final
and binding arbitration. The parties shall attempt to agree upon an arbitrator. If no
agreement is reached, they shall request a list from the State Conciliation Service of
nine (9) names. The selection process will include a review of the arbitrator's availability
for the hearing.
Each party shall then alternately strike a name until only one (1) name remains, said
person to be the arbitrator. The order of striking shall be determined by the flip of a coin.
7.4.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence
presented by the parties. The hearing should be held within 60 calendar days of the selection of
the arbitrator. The hearing shall be informal and need not be conducted according to technical
rules of evidence. Repetitious evidence may be excluded and oral evidence shall be taken only
under oath. The arbitrator shall determine what evidence is relevant and pertinent, as well as
any procedural matters, and he/she may call, recall and examine witnesses, as he/she deems
proper.
The burden of proof shall be upon the Union in grievance matters and upon the City in
disciplinary/discharge matters.
36
SEIU 2015-2016
After the conclusion of any hearing and the submission of any post hearing evidence or briefs
agreed upon by the parties, the arbitrator shall render a written decision which shall be final and
binding upon the City, the Union and any employee(s) involved in the grievance or disciplinary
matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any
provision of this Memorandum of Understanding. The arbitrator shall only determine whether a
grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall
be, or in the case of disciplinary/discharge matter whether the City allegations are accurate and
the appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All
other expenses shall be borne by the party incurring them. The cost of the services of court
reporter shall be borne by the requesting party unless there is a mutual agreement to share the
cost or unless the arbitrator so requests. Then the costs will be shared equally.
7.4.4 General Provisions
1. Employees who participate in the Grievance Procedure by filing a grievance or acting as
a witness on the behalf of either party shall be free from discrimination by either the
Union or the City.
2. A grievant has the right to be represented at each stage of the procedure, to cross
examine witnesses, and have access to all information regarding the basis of the
grievance upon which the City relies in making its determinations.
3. If the City management fails to respond within the specified time limits, the grievance
shall, at the request of the Union, be moved to the next step of the procedure. If the
Union or a grievant fails to process or appeal a grievance within the specified time limits,
the matter shall be deemed withdrawn with prejudice. The parties may by mutual
agreement waive the steps in the procedure.
4. If a hearing is held during work hours of employee witnesses, such employees shall be
released from duties without loss of pay or benefits to appear at the hearing. Witnesses
requested by the parties shall be compelled to attend said hearings.
5. The Human Resources Department shall act as the central repository for all grievances.
6. Time limits contained herein may be extended by mutual agreement of the parties.
Absence for bona fide reasons by a grievant, the Union representative or any
management official involved in responding to the grievance shall automatically extend
the time limits by the same number of days of absence.
7.5 POSITION RECLASSIFICATION
Reclassification of positions covered by this MOU shall be in accordance with the City's
Reclassification Policy available on the City's Intranet website.
7.6 FURLOUGH PROGRAM
Both the City of San Rafael and SEIU 1021 recognize the unpredictable changes in funding that
affect City finances. Through this recognition and in a cooperative spirit the City of San Rafael
and SEIU 1021 have worked expeditiously on the development of a Furlough Program. This
Agreement does not mean the City will necessarily implement furloughs; but in the event it is
necessary to implement due to continued economic problems in the City of San Rafael, the City
shall meet and consult with the Union at least 60 days prior to implementation of the Furlough
37
SEIU 2015-2016
Program. The procedures for this Furlough Program shall provide for both Voluntary Time Off
(herein described as VTO) and Mandatory Time Off (herein described as MTO).
7.6.1 Voluntary Time Off (VTO)
The needs of the City and the respective departments (as determined by the Department
Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO
time granted and the resulting savings will have a corresponding impact on the time needed
through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an
employee needed to take during the fiscal year.
2. An employee selecting at least a 5% reduction of hours through the VTO would
receive "float days" as described in 6.6.2. (4.b.).
3. Employees who take VTO at a time other than when MTO is taken by other
employees will have to take vacation leave, compensatory time off or leave
without pay if the MTO results in the closure of the department.
4. Employees will be allowed to exceed a 5% reduction of hours through the VTO
with review of the Department Director and approval of the City Manager and
such approval shall be revocable should the City determine that the impact of the
absence cannot be absorbed by the Department. Prior to revoking approval, the
City will contact the employee and review pertinent information which would
impact the employee's ability to return to work. Should the City need to remove
additional VTO, such removal would be considered a non -disciplinary action and
would not be subject to any appeal/grievance procedure.
7.6.2 Mandatory Time Off (MTO)
MTO will be taken by the employee during the MTO period when feasible in their respective
department (as determined by the Department Director and City Manager) and after
consultation with the union.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and
eligibility for holidays. MTO time will not impact health, dental and life insurance
benefits. At this time MTO time will not impact Marin County retirement
calculations of average compensation or service credit as the City and employee
will continue to fund the full amounts. If the Marin County Retirement Association
changes its policy on this, the City will, effective the first of the month following
notice from the Marin County Retirement Association, make the necessary
change in the program's administration to correspond with the change in the
policy.
3. MTO time shall apply toward time in service for step increases and completion of
probation.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%)
reduction in work hours/pay for the fiscal year. When the maximum MTO
reduction (5% is implemented, the involved employee shall be credited
with three (3) days of float time
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SEIU 2015-2016
b. Float time accrued through the MTO Program must be taken in the fiscal
year following the furlough, with supervisory approval, or the leave will be
forfeited. The float days have no cash value upon termination of
employment. If an employee is laid off before having the opportunity to
take unused furlough induced float time, said employee would be eligible
to take the unused furlough induced float time during the thirty -day layoff
notice period.
C. Should the City of San Rafael experience a financial windfall during the
fiscal year that furloughs are implemented, the City and the Union agree
to re -open negotiations on this Furlough Plan.
7.7 REDUCTION IN FORCE
7.7.1 Authority
The Appointing Authority may lay off, without prejudice, any regular employee because of lack
of work or funds, or organizational alterations, or for reasons of economy or organizational
efficiency.
7.7.2 Notice
Regular employees designated for layoff or demotion shall be notified in writing at least thirty
(30) calendar days prior to the anticipated date of termination or demotion. The employee
organization shall also be so -notified.
7.7.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as
a position or number of positions having the same title, job description and salary. Extra hire
employees shall be laid off before permanent employees in the affected classification. In
effecting the preceding order, a part-time permanent employee with more seniority can displace
a full time permanent employee.
7.7.4 Seniority
If two or more employees within a classification have achieved permanent status, such
employees will be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative. Such seniority
shall include time served in higher classification(s). The computation of seniority
for part-time employees will be credited on a pro rata basis to full time service.
Time spent on a City Manager approved leave of absence without pay does not
count toward seniority.
b. If the seniority of two or more employees in the affected classification or higher
classification(s) is equal, departmental seniority shall be determinative.
C. If all of the above factors are equal, the date regular status in City service is
achieved shall be determinative.
d. If all of the above are equal, date of certification for appointment shall be
determinative.
7.7.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level for which
he or she meets the minimum qualifications, or into the next lower classification in which such
39
SEIU 2015-2016
employee has previously held regular status. An employee who is bumped shall be laid off in
the same manner as an employee whose position is abolished.
7.7.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be
affected by a reduction in force to another vacant position for which such employee may qualify.
The length of eligibility for such transfer will be the period of notification as provided in Section
7.7.2, but no longer than the effective date of such layoff or reduction.
7.7.7 Layoff Procedure Notification
Once the decision has been made to reduce the workforce per this MOU, the City will meet with
the Union to review and receive feedback on the procedure to be used to inform and process
those classifications and individuals who are determined to be laid off. The information gained
in this meeting from the Union by the City will be advisory and not binding.
7.8 RE-EMPLOYMENT
7.8.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re -appointment to the same
classification in which they held status in the order of seniority in the classification. Individuals
demoted in lieu of reduction in force shall be offered restoration to the highest class in which
they held status and in which there is a vacancy prior to the appointment of individuals who
have been laid off.
7.8.2 Right to Re -Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered re -appointment in the same classification should a vacancy occur in
the classification within two years after the layoff or demotion. Prior to being re-employed, the
employee must pass a physical exam administered by a City appointed physician and must
pass the background check administered by the City.
T&3 Time Limits
Should the person not accept the re -appointment within seven (7) calendar days after the date
of the offer, or should the person decline or be unable to begin work within two weeks after the
date of acceptance of the offer, the person shall be considered unavailable for employment,
shall forfeit the right to re-employment and shall be removed from the re-employment list.
7.8.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on
the re-employment list shall be offered re-employment.
7.8.5 Probationary Status
Employees re -appointed under the provisions above will not be required to complete a new
probationary period if they had previously held permanent status in the classification.
Employees who had not completed their probationary period shall serve the remainder of the
probationary period upon re -appointment.
7.8.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave
of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll
will not count as time worked for the purposes of seniority accrual.
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SEIU 2015-2016
SEW LOCAL 1021:
Michael Viloria, SEIU Representative
.,
9v
Jo ead- en xecutive Director, SEIU
Local 1021
CITY OF SAN RAFAEL:
Deirdre Dolan, Human Resources Director
Hughes, Liebert Cassidy Whitmore
Earl Boisclair, Public Works Dispa her Sylvia onzalez, H oordinator
Nicholas C scgiliP P
arks Maintenance
Worker If
44 F �
Ma Jena Gall s, Administr ve Assistant II
Andrea Gilles, .Senior Administrative Assistant
Mic ael Oliva, Library Assistant I
Wes Sitchler, Sewer Lead Maintenance Worker
Date
SEIU 2015-2016
Exhibit A
City of San Rafael
SEW - SALARY SCHEDULE
Effective July 1. 2015 - June 30. 2016
GradePosition
A
B
C
D
E
7241 Accountant 1
$
5,239
$
5,501
$
5,776
$
6,065
$
6,368
7240 Accountant II
$
5,502
$
5,777
$
6,066
$
6,369
$
6,688
7200 Accounting Assistant 1
$
3,816
$
4,007
$
4,207
$
4,418
$
4,639
7201 Accounting Assistant II
$
4,203
$
4,414
$
4,634
$
4,866
$
5,109
7205 Administrative Analyst
$
4,870
$
5,113
$
5,369
$
5,637
$
5,919
7211 Administrative Assistant 1
$
3,955
$
4,153
$
4,361
$
4,579
$
4,808
7212 Administrative Assistant II
$
4,361
$
4,579
$
4,808
$
5,049
$
5,301
7295 Senior Administrative Assistant*
$
4,696
$
4,931
$
5,177
$
5,436
$
5,708
7216 Administrative Assistant to the City Clerk
$
4,696
$
4,931
$
5,177
$
5,436
$
5,708
7210 Assistant Planner
$
5,508
$
5,783
$
6,072
$
6,376
$
6,695
7208 Associate Planner
$
6,078
$
6,382
$
6,701
$
7,036
$
7,388
7217 Building Inspector 1
$
4,991
$
5,240
$
5,502
$
5,778
$
6,066
7218 Building Inspector II
$
5,508
$
5,783
$
6,072
$
6,376
$
6,695
7475 Building Technician 1
$
4,304
$
4,519
$
4,745
$
4,982
$
5,232
7220 Business License Examiner
$
4,413
$
4,634
$
4,865
$
5,109
$
5,364
7221 Child Care Bookkeeper 1
$
3,816
$
4,007
$
4,207
$
4,418
$
4,639
7262 Child Care Bookkeeper II
$
4,203
$
4,414
$
4,634
$
4,866
$
5,109
7222 Code Enforcement Official 1
$
3,998
$
4,198
$
4,408
$
4,628
$
4,860
7223 Code Enforcement Official II
$
4,412
$
4,632
$
4,864
$
5,107
$
5,362
7380 Code Enforcement Official III
$
5,239
$
5,501
$
5,777
$
6,065
$
6,369
2119 Construction Inspector - SRSD
$
5,425
$
5,696
$
5,981
$
6,280
$
6,594
7224 Custodian
$
3,734
$
3,921
$
4,117
$
4,323
$
4,539
2115 Deputy Building Official
$
7,014
$
7,364
$
7,733
$
8,119
$
8,525
7226 Deputy City Clerk
$
4,814
$
5,055
$
5,307
$
5,573
$
5,851
7120 Emergency Management Coordinator
$
4,523
$
4,749
$
4,986
$
5,236
$
5,498
1201 Environmental Management Coordinator
$
4,523
$
4,749
$
4,986
$
5,236
$
5,498
7232 Facility Repair Supervisor
$
5,945
$
6,242
$
6,555
$
6,882
$
7,226
7291 Facility Repair Worker 1
$
4,219
$
4,430
$
4,651
$
4,884
$
5,128
7233 Facility Repair Worker II
$
4,653
$
4,885
$
5,130
$
5,386
$
5,655
7294 Facility Repair Worker III
$
5,007
$
5,258
$
5,520
$
5,797
$
6,086
7108 Fire Prevention Inspector 1
$
6,307
$
6,622
$
6,953
$
7,301
$
7,666
7107 Fire Prevention Inspector II
$
6,952
$
7,300
$
7,665
$
8,048
$
8,451
7237 GIS Analyst 1
$
5,627
$
5,908
$
6,203
$
6,514
$
6,839
2403 GIS Analyst II
$
6,189
$
6,498
$
6,823
$
7,164
$
7,522
7243 Librarian 1
$
4,827
$
5,068
$
5,322
$
5,588
$
5,867
7244 Librarian II
$
5,070
$
5,324
$
5,590
$
5,869
$
6,163
2404 Library Aide
$
2,314
$
2,429
$
2,551
$
2,678
$
2,812
7246 Library Assistant 1
$
3,178
$
3,337
$
3,504
$
3,679
$
3,863
7247 Library Assistant II
$
3,594
$
3,774
$
3,963
$
4,161
$
4,369
7248 Library Circulation Supervisor
$
4,595
$
4,825
$
5,066
$
5,320
$
5,586
7292 Literacy Program Supervisor
$
5,594
$
5,874
$
6,167
$
6,476
$
6,799
7249 Mail and Stores Clerk
$
3,418
$
3,589 1
$
3,769
$
3,957
$
4,155
7255 Network Analyst
$
5,626
$
5,908
$
6,203
$
6,513
$
6,839
7274 Network Support Technician
$
4,304
$
4,519
$
4,745
$
4,982
$
5,232
7285 Office Assistant 1
$
3,255
$
3,418
$
3,589
$
3,768
$
3,956
7284 Office Assistant II
$
3,677
$
3,861
$
4,054
$
4,257
$
4,469
7256 Park Equipment Mechanic
$
4,887
$
5,131
$
5,388
$
5,657
$
5,940
7257 Parking Attendant 1
$
1,863
$
1,957
$
2,054
$
2,157
$
2,265
7275 Parking Attendant II
$
2,052
$
2,155
$
2,263
$
2,376
$
2,494
6208 Parking Enforcement Officer
$
4,546
$
4,773
$
5,012
$
5,263
$
5,526
6212 Parking Equipment Technician
$
4,325
$
4,541
$
4,768
$
5,006
$
5,257
6209 Parking Maintenance & Collections
$
4,325
$
4,541
$
4,768
$
5,006
$
5,256
6211 Parking Operations Supervisor
$
5,945
$
6,242
$
6,554
$
6,882
$
7,226
7258 Parks & Graffitti Worker
$
3,922
$
4,118
$
4,324
$
4,541
$
4,768
2123 Parks Lead Maintenance Worker
$
5,007
$
5,258
$
5,520
$
5,797
$
6,086
7271 Parks Maintenance Supervisor
$
5,945
$
6,242
$
6,555
$
6,882
$
7,226
7236 Parks Maintenance Worker 1**
$
4,119
$
4,325
$
4,541
$
4,768
$
5,006
7238 Parks Maintenance Worker II
$
4,325
$
4,541
$
4,768
$
5,006
$
5,257
7296 Permit Services Coordinator***
$
5,945
$
6,243
$
6,555
$
6,882
$
7,226
7261 Planning Technician
$
4,304
$
4,519
$
4,745
$
4,982
$
5,232
7234 Printing Press Operator
$
4,256
$
4,469
$
4,692
$
4,927
$
5,173
1201 Program Coordinator - Aquatics
$
4,523
$
4,749
$
4,986
$
5,236
$
5,497
7290 Public Works Dispatcher
$
4,325
$
4,541
$
4,768
$
5,006
$
5,257
7263 Revenue Supervisor
$
6,685
$
7,019
$
7,370
$
7,739
$
8,126
7297 Senior Building Inspector/Plans Examiner***
$
6,878
$
7,222
$
7,583
$
7,962
$
8,361
7219 Senior Building Technician
$
4,991
$
5,240
$
5,502
$
5,778
$
6,066
7265 Senior Library Assistant
$
3,774
$
3,963
$
4,161
$
4,369
$
4,588
7264 Senior Planner
$
6,878
$
7,222
$
7,583
$
7,962
$
8,360
2204 Sewer Lead Maintenance Worker
$
5,521
$
5,797
$
6,087
$
6,392
$
6,711
7266 Sewer Maintenance Worker 1
$
4,431
$
4,653
$
-4,886
$
5,130
$
5,386
7267 Sewer Maintenance Worker II
$
4,769
$
5,007
$
5,258
$
5,521
$
5,797
7281 Sewers Supervisor
$
6,242
$
6,554
$
6,881
$
7,225
$
7,587
7269 Shop & Equipment Supervisor
$
5,945
$
6,243
$
6,555
$
6,882
$
7,226
7280 Street Lead Maintenance Worker
$
5,007
$
5,258
$
5,520
$
5,797
$
6,086
7209 Street Maintenance Supervisor
$
5,945
$
6,242
$
6,555
$
6,882
$
7,226
7250 Street Maintenance Worker 1
$
4,119
$
4,325
$
4,541
$
4,768
$
5,006
7251 Street Maintenance Worker II
$
4,325
$
4,541
$
4,768
$
5,006
$
5,257
7245 Supervising Librarian
$
5,594
$
5,874
$
6,167
$
6,476
$
6,799
8523 Supervising Parking Enforcement Officer
$
5,112
$
5,368
$
5,636
$
5,918
$
6,214
7288 Supervising Vehicle/Equipment Mechanic
$
5,259
$
5,522
$
5,798
$
6,088
$
6,393
2129 Sustainability & Volunteer Program Coordinator
$
5,356
$
5,623
$
5,905
$
6,200
$
6,510
7286 Vehicle/Equipment Mechanic I
$
4,432
$
4,653
$
4,886
$
5,130
$
5,387
7287 Vehicle/Equipment Mechanic II
$
4,887
$
5,131
$
5,388
$
5,657
$
5,940
2131 Volunteer Program Assistant
$
4,361
$
4,579
$
4,808
$
5,049
$
5,301
"Reclassified from Administrative Assistant 111. Administrative Assistant IV position eliminated.
*"New position effective 711115 per Council budget action
Exhibit B
City of San Rafael
Employees represented by SEIU Local 1021
Classification/Compensation Summary: Benchmark Linkages
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\Labor Relations\Labor negotiations\MOU'S\MOU's
2011\SEIU\SEIU 11-13 ExhB Benchmark.doc
Current Benchmark
Linkage
Title Grade Levels from Benchmark
A
Accounting Assistant II
Supervisor — Revenue +16
Accountant II +11
Payroll Technician +10
Accountant +9
Business License Examiner +2
Accounting Assistant II 0
Child Care Bookkeeper II 0
Accounting Assistant I -4
Child Care Bookkeeper 1 -4
Customer Service Clerk -4
B
Associate Planner
Senior Planner +5
Fire Plans Examiner +4
Associate Planner 0
Fire Prevention Inspector 11 -.5
Supervising Inspector -2
Programmer Analyst 11 -3
Assistant Planner -4
Building Inspector II -4
Fire Prevention Inspector I 45
Programmer Analyst 1 -7-
7-Network
NetworkAnalyst -7
GIS Analyst -7
Building Inspector 1 -8
Code Enforcement Official III -8
Senior Building Technician -8
Administrative Analyst -9
Recreation Center Supervisor -12
Code Enforcement Official II -13
Planning Technician -14
Network Support Technician -12
Building Technician 1 -14
Volunteer Program Coordinator -15
GIS Technician -16
Code Enforcement Official 1 -17
C
Parking Enforcement Officer
Supervising Parking Enforcement Officer +12.5
Parking Enforcement Officer 0
D
Library Assistant II
Supervising Librarian +18
Literacy Program Supervisor +18
Librarian II +14
Librarian I +12
Library Circulation Supervisor +10
Senior Library Assistant +2
Library Assistant II 0
Library Assistant 1 -5
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\Labor Relations\Labor negotiations\MOU'S\MOU's
2011\SEIU\SEIU 11-13 ExhB Benchmark.doc
Exhibit B
"Bold Print for job class titles represents job classes in the Supervisory Unit.
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\Labor Relations\Labor negotiations\MOU'S\MOU's
2011\SEIU\SEIU 11-13 Exh6 Benchmark.doc
Current Benchmark
Linkage
Title Grade Levels from Benchmark
E
Secretary or
Administrative Assistant II
Administrative Assistant IV +5
Deputy City Clerk +4
Administrative Assistant to the City Clerk +3
Administrative Assistant III +3
Administrative Assistant IF 0
Printing Press Operator -1
Administrative Assistant 1 -4
Office Assistant 11 -7
Mail and Stores Clerk -10
Office Assistant I -12
Parking Attendant 11 -21
Parking Attendant -23
F
Street Maintenance
Supervisor
Supervisor—Street Maintenance 0
Supervisor — Sewers 0
Supervisor— FacilitRepair 0
Shop and Equipment Su ervisor 0
Supervisor — Parks 0
Supervising Vehicle/Equipment Mechanic -5
Sewer Maintenance Worker 111 -5
Supervising Street Maintenance Worker -7
Parking Operations Supervisor -7
Vehicle/Equipment Mechanic II -8
Park Equipment Mechanic -8
Streets Lead Maintenance Worker -9
Parks Lead Maintenance Worker -9
Sewer Maintenance Worker II -9
Facil ity Repair Worker 11 -10
Sweeper Operator -11
Vehicle/Equipment Mechanic 1 -12
Sewer Maintenance Worker I -12
Parks Maintenance Worker 11 -13
Parking Equipment Technician -13
Parking Maintenance & Collections -13
Parking Meter Repair Technician -13
Street Maintenance Worker ❑ -13
Facility Repair Worker 1 -14
Yard Clerk/Dispatcher -14
E ui ment Service Attendant -15
Street Maintenance Worker -15
&Graffiti Worker 17
tPark
Parks Maintenance Worker -17
Custodian -19
"Bold Print for job class titles represents job classes in the Supervisory Unit.
W:\Management Services- WorkFile\HR- WorkFile\Human Resources\Labor Relations\Labor negotiations\MOU'S\MOU's
2011\SEIU\SEIU 11-13 Exh6 Benchmark.doc
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) --> CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item # L-A .
Date of Meeting: 8/3/2015
From: Deirdre Dolan
Department: MS - HR
Date: 7/28/2015
Topic: Approval of New Contract with SEIU Local 1021 Bargaining Unit
Subject: Resolution Approving a Memorandum of Understanding (MOU) between the City of San
Rafael and SEIU Local 1021 Pertaining to Compensation and Working Conditions (July 1, 2015 through
June 30, 2016)
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ❑ Other:
APPROVALS
❑ Department Director
Remarks:
® Finance Director
Remarks:
® City Attorney
Remarks: LG approved 7/28/15 -see change to staff report. Since MOU is an attachment to
Resolution, suggest that it be included in staff report as part of reso not a separate attachment.
M City Manager
Remarks:
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition: