HomeMy WebLinkAboutCC Resolution 10744 (Marin Association of Public Employees MOU)RESOLUTION NO. 10744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO 10344 PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR THE MARIN ASSOCIATION OF PUBLIC
EMPLOYEES/SEIU 949, Child Care Unit.
(3 year agreement from November 1, 2000 through October 31, 2003)
WHEREAS, the City of San Rafael and the Marin Association of Public Employees, SEIU
949, herein known as MAPF, have met and conferred with regard to wages, hours and working
conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated November 20, 2000 and consisting of
twenty-seven pages and exhibits A, B & C has been executed by duly authorized representatives
for both parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and MAPF,
shall utilize the Memorandum of Understanding dated November 17, 2000 as the official document
of reference respecting compensation and working conditions;
Section 2: The schedules describing classes of positions and salary ranges as Exhibits A, B & C to
said Memorandum of Understanding, together with the Memorandum of Understanding itself are
hereby adopted and both shall be attached hereto and incorporated in full.
I, JEANNE M. LEONCINI, 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 Council of said
City on Monday, the 20'" day of November, 2000 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JEA E M. LEONCINI, CITY CLERK
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AW, ___ ll Lei ice_ 11 \ � i _ \ a 1
Between
CITY OF SAN RAFAEL
And
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
CHILD CARE UNIT
SEW, LOCAL 949, AFL-CIO
November 1, 2000 through October 31, 2003
MARINASSOCIATION OF PUBLIC EMPLOYEES
CHILD CARE UNIT
SEIU, LOCAL 949, AFL-CIO
CHAPTER 1. GENERAL PROVISIONS
Article 1.1. Introduction
I.I.I. Scope of Agreement
1.1.2. Term
Article 1.2. Recognition
1.2.1. Bargaining Unit.
1.2.2. Notice to Employees.
Article 1.3. Discrimination
1.3.1. In General.
1.3.2. Union Discrimination.
Article 1.4. Inspection of Memorandum of Understanding
Article 1.5. Existing Laws, Regulations and Policies
Article 1.6. Strikes and Lockouts
Article 1.7. Severability
Article 1.8. Prevailing Rights
Article 1.9. Full Understanding, Modification, Waiver
1.9.1. Understanding.
1.9.2. Waiver & Modification.
CHAPTER 2. WAGES
Article 2.1. General Wage Class Increase
2.1.1. Fiscal Year 00/01 Increase
2.1.2. Fiscal Year 01/02 Increase
2.1.3. Fiscal Year 02/03 Increase
Article 2.2. Step Increases
Article 2.3. Merit Performance Award
Article 2.4. Salary Range Differentials
Article 2.5. Split Shift Premium Pay
CHAPTER 3. INSURANCES
Article 3.1. Health, Life and LTD Insurance
3. 1.1 City Contribution
3.1.2. Cash Payback
3.1.3. Retiree Health Insurance
3.1.4. 125 Plan
Article 3.2. Dental Plan
Article 3.3. State Disability Insurance (SDI)
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CHAPTER 4. PAID LEAVE
Article 4.1.
Sick Leave
4.1.1.
Eligibility:
4.1.2.
Accumulation:
4.1.3.
Use of Sick Leave:
4.1.4.
Advance of Sick Leave:
4.1.5.
Compensation for Unused Portion.
Article 4.2.
Annual Vacation Leave
4.2.1.
Eligibility.
4.2.2.
Administration of Vacation Leave.
4.2.3.
Rate of Accrual
Article 4.3.
Other Leaves
4.3.1.
Military Leave.
4.3.2.
Leave of Absence without Pay.
4.3.3.
Industrial Injury Leave.
4.3.4.
Jury Duty.
4.3.5.
Family Medical Leave
4.3.6.
Voluntary Time Off
4.3.7
Holidays
4.3.8.
Catastrophic Leave
CHAPTER
S. TERMS AND CONDITIONS
Article 5.1.
Work Week
Article 5.2.
Overtime
Article 5.3.
Compensatory Time Policy
5.3.1.
Accrual Limit
5.3.2.
Overtime Rate
5.3.3.
Use & Carryover.
Article 5.4.
Staff Development/Preparation Days
Article 5.5.
PROBATION
Article 5.6.
TEMPORARY PROMOTIONS
CHAPTER 6. PROCEDURES
Article 6.1.
Disciplinary Action
6.1.1.
Right to Discipline and Discharge.
6.1.2.
Preliminary Notice.
6.1.3.
Disciplinary Action and Appeal
6.1.4.
Sexual/Racial Harassment.
Article 6.2
Grievance Procedure
6.2.1.
Definitions.
6.2.2.
Procedure.
6.2.3.
Arbitration.
6.2.4.
General Provisions.
CHAPTER 7. RETIREMENT
CHAPTER 8. UNION RIGHTS
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Article 8.1.
Employee Representatives
8.1.1.
Designation.
8.1.2.
Bulletin Boards.
Article 8.2.
Dues Deduction
8.2.1.
Dues Collection.
8.2.2.
Dues Collection During Separation from Employment.
CHAPTER
9. MANAGEMENT RIGHTS
CHAPTER
10. REDUCTIONINFORCE
Article 10.1.
Authority
Article 10.2.
Notice
Article 10.3.
Order of Layoff
Article 10.4.
Seniority
Article 10.5.
Bumping Rights
Article 10.6.
Transfer Rights
Article 10.7.
Re-employment
10.7.1.
General Guidelines.
10.7.2.
Right to Re-employment.
10.7.3.
Time Limits.
10.7.4.
Availability.
10.7.5.
Probationary Status.
10.7.6.
Restoration of Benefits.
CHAPTER
11. MISCELLANEOUS
Article 11.1.
Classification Specification
Article 11.2.
Employee Orientation Letter
Article 11.3.
CPR/First Aid Training
Article 11.4.
Deferred Compensation Plan
Article 11.5.
Educational Reimbursement Program
Article 11.6.
Drug Free Work Place
Article 11.7.
Agency Shop
Article 11.8.
Labor/Management Meetings
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MEMORANDUM OF UNDERSTANDING between the CITY OF SAN RAFAEL
and the CHILD CARE UNIT SEIU, LOCAL 949, AFL-CIO
November 1, 2000 through October 31, 2003
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 November 1,
2000 and ending October 31, 2003.
CHAPTER 1.GENERAL PROVISIONS
Article 1.1. Introduction
1.1.1. Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been
mutually agree upon by the designated bargaining representatives of the City of
San Rafael (herein -after called "CITY") and the Marin Association of Public
Employees, SEW Local 949 (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
This agreement shall be in effect from November 1, 2000 through October 31,
2003.
Article 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 Child Care Bargaining Unit. (As referenced in Exhibit, "A"
attached).
Memorandum of Understandin.
Child Care Unit
November 1, 2000 through October 31, 2003
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.
Article 1.3. 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 preference, marital status, medical condition or
handicap.
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.
Article 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.
Article 1.5. Existing Laws, Regulations and Policies
This agreement is subject to all applicable laws of the State of California,
ordinances, regulations, and policies of the City of San Rafael.
Article 1.6. Strikes and 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.
Article 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
Page 2
Memorandum of Understandin6
Child Care Unit
November 1, 2000 through October 31, 2003
arriving at a mutually satisfactory replacement for such article, paragraph or
section.
Article 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.
Article 1.9. Full Understanding, Modification, Waiver
1.9.1. Understanding.
The parties jointly represent to the City Council that this Memorandum of
Understanding set 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 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.
CHAPTER 2. WAGES
Article 2.1. General Wage Class Increase
2.1.1. Fiscal Year 00/01 Increase
Effective November 1, 2000 a 4.30% salary increase for all represented job classes
(See Exhibit "A").
2.1.2. Fiscal Year 01/02 Increase
Effective November 1, 2001 a 4.40% salary increase for all represented job classes
(See Exhibit "B").
2.1.3. Fiscal Year 02/03 Increase
Effective November 1, 2002 a 4.80% salary increase for all represented job classes
(see Exhibit "C").
Page 3
Memorandum of Understandin,
Child Care Unit
November 1, 2000 through October 31, 2003
Article 2.2. Step Increases
Except as provided below, when considering a step increase for Child Care
Program employees, he/she must have at least one year of satisfactory service and
have worked a minimum of 700 hours during the preceding year and receive a
positive evaluation from his/her supervisor. If said employee does not qualify for a
step increase after each year of service, he/she will be considered for that increase
upon the completion of the minimum 700 -hour requirement.
Article 2.3. Merit Performance Award
Employees at the maximum step of their salary range may be granted a merit
performance award of five percent (5%) above and beyond their salary range. A
merit performance award may be effective for up to one (1) year. A merit
performance award may be withdrawn and is not a disciplinary action and is not
appealable.
The City and the Union shall form a committee to work on establishing criteria
(policy) on the granting of Merit Performance Awards. A committee meeting shall
be scheduled on or before January 15, 2001. Failure to reach an agreement shall
not be deemed a violation of this MOU.
Article 2.4. Salary Range Differentials
A 12.5% salary range differential between top step Instructor II and beginning step,
of Director and create an 11 % salary range differential between top step Instructor
I and beginning step of Instructor II.
Article 2.5. Split Shift Premium Pay
Child Care workers covered by this MOU who have a two hour or more break in
shifts during the same day will receive a .5 hour premium pay for that day.
CHAPTER 3.INSURANCES
Article 3.1. Health, Life and LTD Insurance
It is the goal of the City Council and the Union to jointly work towards improving
the City's contribution to group health, life, and LTD insurance premium costs for
all eligible employees in the Child Care bargaining unit.
The City's contribution can be used by the eligible employee to enroll in City
provided group health, life, and/or long term disability insurance plans, which they
may be eligible for as determined by the full-time equivalency (FTE) of their
position. The actual dollar amount of the City's contribution for Child Care
Directors, Child Care Instructor IIs, and Child Care Instructor Is shall be based on
full-time equivalency of the position.
Page 4
Memorandum of Understandiri_
Child Care Unit
November 1, 2000 through October 31, 2003
3.1.1 City Contribution
Effective December 1, 2000, the City shall increase its contribution from $330 per
month to $380 per month.
Effective December 1, 2001, the City shall increase its contribution from $380 per
month to $400 per month.
Effective December 1, 2002 the City shall increase its contribution from $400 per
month to $420 per month.
3.1.2. Cash Payback
Employees who are eligible to receive the City's contribution to the Group
Insurance programs (must be eligible to enroll in the health insurance program
and if waive enrollment must show proof of other coverage to be eligible for the
cash back provision); but do not use the full amount, may receive cash back on
the unused portion not to exceed $60 per month (prorated for eligible part time
employees).
Effective December 1, 2000, the maximum cash back will be $70 per month (pro-
rated for eligible part-time employees).
Effective December 1, 2001 the maximum cash back will be $90 per month
(prorated for eligible part time employees).
3.1.3. Retiree Health Insurance
Effective November 1, 2001 employees retiring, on or after this date, from the City
of San Rafael's Marin County Employees' Retirement System, and who within 120
days of leaving their position begin receiving an ongoing retirement annuity from the
Marin County Employees' Retirement System can remain in the City's group health
plan program. Under these circumstance these eligible retirees would receive from
the City a contribution of $250 per month toward the premium cost of their continued
enrollment in the City's group health plan program. There are no pay back
provisions for retirees.
3.1.4. 125 Plan
The City will continue to offer a 125 Plan for excess health insurance premium
costs.
Article 3.2. Dental Plan
The City will provide a dental insurance program for the employees in the
classification of ChildCare Center Director. The City will pay the total premium for
the dental insurance program for these eligible ChildCare Center Director positions.
Page 5
Memorandum of Understandin
Child Care Unit
November 1, 2000 through October 31, 2003
The City will provide a dental insurance program for eligible employees in the
classification of ChildCare Center Instructor II. (Must be regularly scheduled to work
at least 35 hours per week).
All full time (FTE) Instructor Is will be eligible to enroll in the City's group dental
insurance program.
All employees enrolled in the dental insurance program will be enrolled in the
subgroup that provides $1,500 maximum benefit for one Dental Expense Period for
all covered dental expenses, for all eligible enrollees, except for Orthodontic
Treatment which has an aggregate maximum benefit (lifetime) of $1,000 and is
limited to eligible dependent children. The City will pay the full cost of the monthly
dental insurance premium. The plan shall cover enrollment for eligible employees
and their eligible dependents. Refer to the dental insurance policy booklet for
eligibility requirements and specific coverage and other benefit limitations.
Effective January 1, 2002 all part time, permanent employees regularly scheduled to
work a minimum of 30 hours per week will be eligible to enroll in the City's group
dental insurance program. For this initial enrollment period only, the ninety (90) day
waiting period will be waived and the effective date of the coverage shall be January
1, 2002. For the eligible part time, permanent employees enrolling in the City's
group dental insurance program, the City will pay the first $50 per month of the
actual premium rate and the enrolled employee will be responsible through a payroll,
deduction for the balance of the monthly premium.
Article 3.3. 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
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
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1. Employee notifies supervisor of disability and need for time off. At the
same time employee files for SDI through the State Office.
2. 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.
3. Personnel Action Form (PAF) is completed by the supervisor to document
request and approval of extended leave.
4. Human Resources Department, on receipt of PAF, contacts employee and
supervisor to discuss availability of coordination of SDI with leave benefits.
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Memorandum of Understand.
Child Care Unit
November 1, 2000 through October 31, 2003
5. 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.
6. On receipt of the SDI checks employee endorses the checks over to the
City of San Rafael.
7. Based upon employee's hourly rate of pay the Payroll Office computes how
much used sick and/or vacation leave time the employee may buy back
and credits the employee with those hours. NOTE: The employee may not
buy back more than accrued at or during the time of the disability.
8. 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 checks received and would be fully
responsible for the monthly health, dental and life insurance premiums if
they chose to remain in the group plans.
CHAPTER 4. PAID LEAVE
Article 4.1. Sick Leave
4.1.1. Eligibility:
Sick leave with pay shall be granted to each eligible employee. Sick leave does
not accrue to those working on temporary, part-time, intermittent or seasonal
basis. Sick leave shall not be considered as a privilege which an employee may
use at 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 Head according to department rules and
regulations at the beginning of his/her daily duties. Every employee who is absent
from his/her daily duties for two (2) or more consecutive days may be requested
by the supervisor to provide a physician's certificate. The inability or refusal by
said employee to furnish the requested information, as herein required, shall
constitute good and sufficient cause for disciplinary action, including dismissal.
4.1.2. Accumulation:
Eligible employees shall earn sick leave credits at the rate of one (1) working day
per month commencing with the date of employment (based on the daily hours an
eligible employee has contracted to work).
4.1.3. 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:
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Memorandum of Understandik
Child Care Unit
November 1, 2000 through October 31, 2003
1. Personal illness or illness within the immediate family (as defined by the
CAL -PERS health insurance regulations), or physical incapacity
resulting from causes beyond the employee's control; or
2. Personal illness of the employee's parent (does not include in-laws)
requiring the employee's personal attention to their care during this
illness; or
3. Enforced quarantine of the employee in accordance with community
health regulations; or
4. Medical appointments shall be charged to sick leave or,
5. Death or critical illness in the immediate family. An employee eligible
for sick leave may, upon the necessity of employee's absence being
shown and with the consent of the Department Head, be allowed to use
up to three (3) days of sick leave in the case of death or critical illness in
the immediate family (defined in this section as employee's spouse,
children, parents, brothers, or sisters) within the State, or five (5) days
for out-of-state absence where death appears imminent. Where such
death or critical illness has occurred, the employee shall furnish
satisfactory evidence of such death or critical illness to the Department
Head. If, in the preceding six (6) months, leave of absence for the
critical illness of that same relative has been granted, the Department
Head may choose not to allow the use of sick leave.
4.1.4. 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 unaccrued at the time of such separation shall
reimburse the City of all salary paid in connection with such unaccrued leave.
4.1.5. Compensation for Unused Portion.
Upon termination of employment by retirement (must retire within 120 days of
leaving their City position, i.e., age and service eligible for retirement. Minimum
50 years old and 10 years of continuous service) or death, an eligible employee
who leaves the City service in good standing and who was employed in the Child
Care unit before October 1, 1979, shall receive compensation for all accumulated
unused sick leave based upon the rate of three percent (3%) for each year of
service, to a maximum of fifty percent (50%). The maximum accrual for payoff
purposes is 150 days (based on employee's contracted work hours per day.
Effective November 1, 2001 the hire date requirement ("employed in the Child
Care Unit prior to October 1, 1979") is eliminated.
See Chapter 7. Retirement for service credit eligibility for unused portion of sick
leave.
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Memorandum of Understandin_
Child Care Unit
November 1, 2000 through October 31, 2003
Article 4.2. Annual Vacation Leave
4.2.1. Eligibility.
Annual vacation with pay shall be granted to eligible employees. Vacation leave
does not accrue to those working on temporary, part-time, intermittent or seasonal
basis. Vacation benefits may be taken as accrued and provided in 4.2.2. below.
Probationary employees may take accrued vacation if authorized by the
Department Head and approved by the City Manager.
4.2.2. Administration of Vacation Leave.
The City Manager, upon the recommendation of the department head, may
advance vacation credits to any eligible employee. The time at which an
employee may use his accrued vacation leave and the amount to be taken at any
one time shall be determined by the employee's Department Head with particular
regard for the needs of the City but also, insofar as possible, considering, the
wishes of the employee.
In the event that one or more City holidays fall within an annual vacation leave,
such holidays shall not be charged as vacation leave and the vacation leave shall
be extended accordingly.
Employees who resign from City service shall be paid in a lump sum for all
accrued vacation leave earned prior to the effective date of termination.
A vacation accrual cap is established for members of this bargaining unit. No
employee may annually carry forward in excess of five (5) days of his/her annual
earned vacation and in no case may he/she have accumulated at the close of any
calendar year (December 31) total accumulated days in excess of thirty (30).
Pursuant to current City policy, employees may petition, once per year, for
conversion of vacation days to cash (maximum of seven days). Effective
November 1, 2002 the vacation accrual cap for all employees accruing vacation
shall be 225 hours.
4.2.3. Rate of Accrual
Vacation and sick leave benefits shall accrue during the probationary period;
however, use of accrued benefits shall not be allowed until the successful
completion of the probationary period, unless specifically authorized by the
Department Head and City Manager. Eligible employees shall commence to
accrue vacation at the following rate for continuous service:
Eligible employees shall commence to accrue vacation at the following rate for
continuous service:
Page 9
Memorandum of Understandhr,
Child Care Unit
November 1, 2000 through October 31, 2003
SERVICE YEAR
ANNUAL ACCRUAL
1
10 days
2
10 days
3
10 days
4
15 days
5
15.75 days
6
16.50 days
7
17.25 days
8
18.00 days
9
18.75 days
10
19.50 days
11
20.00 days
12
21.00 days
13
22.00 days
14
23.00 days
15
24.00 days
16 plus
25.00 days
Note: Vacation and sick leave accrual rates shall be based on the daily hours an
employee has contracted to work. If the employee's work day is six (6) hours, the
employee will accrue ten six hour vacation days.
Article 4.3. Other Leaves
4.3.1. 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 head an
opportunity, within the limits of military regulations, to determine when such leave
shall be taken.
4.3.2. Leave of Absence without Pay.
Leave of absence without pay may be granted by the City Manager upon the
written request of the employee and the recommendation of the Child Care
Program Manager. Accrued vacation leave and if applicable, accrued sick leave,
must be exhausted prior to the granting of leave without pay.
4.3.3. 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 City Manager's office coordinates benefits for Worker's
Compensation claims. Employees shall be entitled to such compensation as may
be allowed them by the Worker's Compensation Insurance and Safety Act of the
State of California. For further information, see the Industrial Accidents and
Injuries section of the City's Injury and Illness Prevention Program.
Page 10
Memorandum of Understandik
Child Care Unit
November 1, 2000 through October 31, 2003
4.3.4. 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.
4.3.5. Family Medical Leave
Family leave shall be granted in accordance with the federal Family and Medical
Leave Act of 1993 and the California Family Rights Act of 1991. Requests for
Family Care Leave are submitted to the employee's department head for approval
and reviewed by the Human Resources Division Manager for consistency with the
law prior to approval. Employees approved for this type of leave must use
appropriate accrued and unused vacation leave and/or compensatory time before
going on leave without pay status. Accrued and unused sick leave may be used if
appropriate and requested. Sick leave usage is to be consistent with sick leave
provisions of the M.O.U. To be eligible for this family leave benefit, an employee
must have worked continuously for the City of San Rafael for at least 12 months.
An eligible employee may use family medical leave:
For the birth or placement of a child for adoption or foster care;
To care for an immediate family member (spouse, child or parent) with a
serious health condition; or,
To take medical leave when the employee is unable to work because of a
serious health condition.
An employee shall be entitled to twelve (12) weeks of leave of absence which
need not be consecutive, subject to the conditions indicated herein and the law.
If the employee's spouse is employed by the City, the total time allowed for family
medical leave shall be twelve (12) weeks in any one calendar year.
The City shall continue to provide paid coverage of health benefits for the duration
of the approved leave of absence.
4.3.6. Voluntary Time Off
During the week between Christmas and New Year's, a Child Care Division
employee may, through normal leave approval procedures, request leave without
pay time during this specific week, without the need to first use all applicable paid
leave.
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Child Care Unit
November 1, 2000 through October 31, 2003
During the week between Christmas and New Year's, a Child Care Division
employee may, through normal leave approval procedures, request leave without
pay time during this specific week, without the need to first use all applicable paid
leave.
Effective November 1, 2001 the provisions of 4.3.6. Voluntary Time Off shall be
eliminated from the MOU.
4.3.7 Holidays
Employees shall be granted the following holidays:
January 1
Third Monday in January
Third Monday in February
March 31
Last Monday in May
July 4
First Monday in September
November 11
Thanksgiving Day
Day after Thanksgiving
December 25
At the discretion of the Child Care Program Manager, the celebrated City holidays,
noted above, will be coordinated with the public schools served by the Child Care
Centers and/or those holidays falling on a Saturday or Sunday will be observed on
either the Friday before or the Monday after pursuant to the City's annual holiday
schedule.
4.3.8. Catastrophic Leave
Employees may donate accrued leave to other employees suffering from a
catastrophic illness or injury either to themselves, a spouse, a parent or to a
dependent minor child. Catastrophic leave is a paid leave of absence due to a life
threatening verifiable long-term illness or injury such as, but not limited to, cancer
or heart attack which clearly disables the individual. Employees who have
successfully completed 1,950 hours one year of employment in a paid status shall
be eligible for catastrophic leave due to their own serious, life threatening, illness
or injury or due to the serious, life threatening, illness or injury to their spouse,
parent or dependent minor child.
The employee must first exhaust all applicable accrued sick leave, vacation leave,
and compensatory time before qualifying for catastrophic leave. Catastrophic
leave shall be additional paid leave available from vacation and/or sick leave (if
appropriate) hours donated by other employees in the bargaining unit to a specific
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Memorandum of Understandiri,
Child Care Unit
November 1, 2000 through October 31, 2003
qualified employee. Employees donating vacation and/or sick leave hours must
donate in increments of whole hours. The donating employee must have a
vacation leave balance of at least 40 hours after the donation of vacation leave.
The donating employee may not donate more than one-half of their accrued sick
leave, and must be left with a balance of at least 80 hours of accrued sick leave
after the donation.
An employee requesting catastrophic leave must receive the recommendation of
the Department Head and the approval of the City Manager. Such leave may
initially be approved for up to a maximum of 325 donated hours. If the
catastrophic illness or injury continues, up to an additional 325 donated hours may
be recommended and approved. The Human Resources Department and the
Administrative Services Department shall account for the donation and
disbursement of the catastrophic leave hours. All time donated will be credited on
an hour to hour basis regardless of hourly pay differentials between the donating
employee and recipient.
Catastrophic leave shall not be used in conjunction with any long or short-term
disability benefits or Workers' Compensation Leave. While an employee is on
catastrophic leave, using donated hours, the employee shall not accrue any
vacation or sick leave.
CHAPTER 5.TERMS AND CONDITIONS
Article 5.1. Work Week
The workweek for ChildCare Center Directors shall be 37.5 hours per week and
35.0 hours per week for ChildCare Instructors I and II.
Article 5.2. Overtime
Shall mean actual time worked beyond thirty-seven and one-half hours per 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 Head.
Article 5.3. Compensatory Time Policy
With the department head's approval, compensatory time, in lieu of overtime pay,
may be taken subject to the following rules:
5.3.1. Accrual Limit
Upon accrual of time, five (5) days or forty (40) hours of compensatory time,
employee shall be paid overtime at a rate of time and one-half of their base salary
rate for hours worked and may not accrue additional compensatory time.
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Memorandum of Understandin,
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November 1, 2000 through October 31, 2003
5.3.2. 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 5.3.1. 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.
5.3.3. Use & Carryover.
All compensatory time earned during the fiscal year must be used by June 30 that
year with one exception. Upon the recommendation of the supervisor and
approval of the department head, employees may carry over up to forty (40) hours
of compensatory time provided it is taken within the following quarter (7-1 to 9-30).
Article 5.4. Staff Development/Preparation Days
Effective July 1, 1995, four (4) days of staff development/preparation will be
provided per fiscal year. The scheduling of these days during the fiscal year will
be accomplished through the recommendation of the ChildCare Center Directors
and approval of the Child Care Program Manager.
Article 5.5. PROBATION
All employees hired on or after January 16, 1986, shall be required to serve a
probationary period of one (1) year and shall serve a one year promotional
probationary period when appointed to a higher job classification.
Article 5.6. TEMPORARY PROMOTIONS
Employees assigned to work out of class and perform the work of a Child Care
Center Director for a period of three consecutive days or longer, will be
compensated at an hourly rate of five percent (5%) greater than the employee's
current rate, or at the lowest step of the Child Care Center Director's salary range,
whichever is greater. The increase shall be retroactive to include the first day.
CHAPTER 6. PROCEDURES
Article 6.1. Disciplinary Action
6.1.1. Right to Discipline and 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
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Memorandum of Understandin,
Child Care Unit
November 1, 2000 through October 31, 2003
Memorandum of Understanding. 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 or 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 inimicable to the
public service; inability or refusal to provide medical statement on cause of illness
or disability.
6.1.2. Preliminary Notice.
A non -probationary employee shall receive a preliminary written notice from the
Child Care Program Manager of any proposed disciplinary action that involves the
loss of pay. The notice must 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 non -probationary 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
Head 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.
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Memorandum of Understandii
Child Care Unit
November 1, 2000 through October 31, 2003
6.1.3. Disciplinary Action and Appeal
After hearing the response of the employee the Department Head may order that
the proposed disciplinary action or modification thereof be imposed. Thereafter,
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.
6.1.4. Sexual/Racial Harassment.
Sexual/Racial harassment of one employee by another is cause for disciplinary
action including the possibility of immediate discharge.
Sexual harassment is defined as including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the purpose or effect of affecting
employment decisions concerning an individual, or unreasonably interfering with
an individual's work performance, or creating an intimidating and hostile working
environment.
Racial harassment is defined as including but not limited to verbal, or physical
conduct of a racial nature, when such conduct has the purpose or effect of
affecting employment decisions concerning an individual, or unreasonably
interfering with an individual's work performance, or creating an intimidating and
hostile working environment.
Article 6.2 Grievance Procedure
6.2.1. Definitions.
1. Grievance is a dispute, which involves the interpretation or application of
any provision of this Memorandum of Understanding. 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 the 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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November 1, 2000 through October 31, 2003
6.2.2. 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 Head 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 Head 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 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.
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.
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Memorandum of Understandin,
Child Care Unit
November 1, 2000 through October 31, 2003
6.2.3. Arbitration.
The arbitrator shall be empowered to conduct a hearing and to hear and receive
evidence presented by the parties. 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.
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.
6.2.4. 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, automatically 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
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Memorandum of Understandik
Child Care Unit
November 1, 2000 through October 31, 2003
deemed settled. 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 Executive
Secretary or any management official involved in responding to the
grievance shall automatically extend the time limits by the same number of
days of absence.
CHAPTER 7. RETIREMENT
All employees in the classification of Child Care Director who are contracted to work
37.5 or more hours per week, shall be members of the Marin County Retirement
Association. Employee rates shall be based upon the age of employees as of
January 1, 1991 or age at nearest birthday from the date employee becomes
eligible for enrollment if after January 1, 1991.
Effective January 1, 1999 all eligible employees shall be transferred from the PARS
retirement system to the Marin County Retirement System. For current employees
who are transferred on this date their contribution shall be based on age at nearest
birthday to the effective date of this change. For employees eligible after January 1,
1999 their contribution shall be based on age at nearest birthday to the date they
become eligible for this program.
The employee's share of their contribution shall be paid 'by the employee through
automatic payroll deductions. The City will pay up to a maximum of five (5%) of an
employee's salary or fifty percent (50%) of the employee's contribution rate,
whichever is less to the Marin County Retirement System.
Effective November 1, 2001 employees retiring from city service, within 120 days
of leaving their position (excludes deferred retirements), and who will be receiving
an ongoing retirement annuity from the Marin County Employees' Retirement
System can receive service credit for retirement purposes only, for all hours of
accrued, unused sick leave (exclusive of any sick leave hours they are eligible to
receive and which they elect to receive in the form of compensation for at the time
of retirement (see Sick Leave provision of MOU Chapter 4).
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Memorandum of Understandins
Child Care Unit
November 1, 2000 through October 31, 2003
All other employees (except those noted above) shall be enrolled in the Public
Agency Retirement System (PARS) as long as that remains an approved alternative
to Social Security.
CHAPTER 8. UNION RIGHTS
Article 8.1. Employee Representatives
8.1.1. Designation.
The Union shall by written notice to the City Manager, designate certain of its
members as Employee Representatives. Employee Representatives shall be
permitted reasonable time for Union activities including grievance representation.
In all cases, the Representative shall secure permission from the Representative's
supervisor before leaving a work assignment. Such permission shall not be
unreasonably withheld.
Employee Representatives for salary discussions shall be in accordance with
Meyers-Milias-Brown (MMB) Act.
8.1.2. Bulletin Boards.
Authorized representatives of the Union shall be allowed to post Union notices on
specified bulletin boards maintained on City premises.
Article 8,2. Dues Deduction
8.2.1. Dues Collection.
City agrees, upon written consent of the employee involved, to deduct dues, 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 who have
had said dues deducted.
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.
The Union shall notify the City in writing as to the amount of such dues uniformly
required of all members of the Union.
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Memorandum of Understandii.
Child Care Unit
November 1, 2000 through October 31, 2003
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.
8.2.2. Dues Collection During Separation from Employment.
The provisions specified above (8.2.1.) 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 of more
than five (5) working days.
CHAPTER 9.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: To manage the
City generally and to determine the issues of policy; To determine the existence of
facts which are the basis of the management decision; To determine the necessity
of any organization or any service or activity conducted by the City and expand or
diminish services; To determine the nature, manner, means, technology and
extent of services to be provided to the public; Methods of financing; Types of
equipment or technology to be used; 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; 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;
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; To relieve employees from duties for lack of work or other legitimate
reasons; 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 M.O.U; To determine job classifications
and to reclassify employees; To hire, transfer, promote and demote employees in
accordance with this Memorandum of Understanding and the City's Rules and
Regulations; To determine policies, procedures and standards for selection,
training and promotion of employees; To establish and modify employee and
organizational performance and productivity standards and programs including but
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Memorandum of Understandii,
Child Care Unit
November 1, 2000 through October 31, 2003
not limited to, quality and quantity standards; and to require compliance therewith;
To maintain order and efficiency in its facilities and operations; 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; To take any and all necessary action to carry out the mission
of the City in emergencies.
The City and MAPE 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 MAPE regarding the impact of its decision/exercise
of rights.
CHAPTER 10. REDUCTION IN FORCE
Article 10.1. Authority
The Appointing Authority may lay off, without prejudice, any employee covered by
this M.O.U. because of lack of work or funds, or organizational alterations, or for
reasons of economy or organizational efficiency.
Article 10.2. Notice
Employees covered by this M.O.U. designated for layoff or demotion shall be
notified in writing at least fifteen (15) calendar days prior to the anticipated date of
termination or demotion. The employee organization shall also be notified.
Article 10.3. Order of Layoff
Layoffs and/or reductions in force shall be made by classification, consistent with
the licensing requirements of the California Department of Social Services. 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.
Article 10.4. 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:
1. 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.
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Memorandum of Understanding
Child Can: Unit
November 1, 2000 through October 31, 2003
2. If the seniority of two or more employees in the affected classification or
higher classifications(s) is equal, departmental seniority shall be
determinative.
3. If all of the above factors are equal, the date regular status in City service is
achieved shall be determinative.
4. If all of the above are equal, date of certification for appointment shall be
determinative.
Article 10.5. Bumping Rights
An employee designated to be laid off may bump into a class at the same salary
level, or into the next lower classification in which such 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.
Article 10.6. 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 10.2, but no longer than the effective date of
such layoff or reduction.
Article 10.7. Re-employment
10.7.1. 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.
10.7.2. 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.
10.7.3. 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
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Memorandum of Understandin,
Child Care Unit
November 1, 2000 through October 31, 2003
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 be removed from the re-employment list.
10.7.4. 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.
10.7.5. 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.
10.7.6. 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.
CHAPTER 11. MISCELLANEOUS
Article 11.1. Classification Specification
The City and the Union agree that the classification specifications developed as a
part of this meet and confer process, and dated January 1988, accurately describe
the job classes covered by this Memorandum of Understanding.
Article 11.2. Employee Orientation Letter
The bargaining unit shall provide to the City a supply of Union Orientation letters.
The City shall distribute said letter to all new employees covered by this
Memorandum of Understanding during its formal New Employee Orientation
Process.
Article 11.3. CPR/First Aid Training
An annual program for cardiopulmonary resuscitation (CPR) and First Aid
certification will be provided for persons working as ChildCare Directors and
Instructors II.
Article 11.4. Deferred Compensation Plan
ChildCare Unit employees, who are contracted to work 35 hours or more each
week, are eligible to participate in the City's Deferred Compensation Plan.
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Memorandum of UnderstandiA
Child Care Unit
November 1, 2000 through October 31, 2003
Article 11.5. Educational Reimbursement Program
An Educational Reimbursement Program is available to employees for courses
that are: job related, assist the employee in meeting State licensing requirements
and/or prepare the employee for career advancement in the child care field.
The reimbursement may not exceed 75% for the cost of the course, up to $100
per fiscal year maximum. The Educational Reimbursement Program also includes
an additional reimbursement of up to $50 per fiscal year for professional
membership dues for work-related organizations for employees in the Director or
Instructor II classification.
To be eligible to receive reimbursement under this program the employee must:
a. submit a written request and receive prior approval from the Child Care
Program Manager
b. be regularly scheduled to work 20 hours or more per week
c. have completed initial probation before reimbursement is received; and
d. satisfactorily complete the course.
Article 11.6. Drug Free Work Place
The employees covered by this bargaining agreement agree to abide, as a
condition of employment, by the terms of the City's Drug Free Work Place Policy.
Article 11.7. Agency Shop
The parties hereto recognize that membership in the Union is not compulsory, that
employees have the right to join, not join, maintain, or drop their membership in
the Union and that neither party shall exert any pressure on or discriminate
against an employee regarding such matters. The Union agrees it is obligated to
represent all of the employees in the Unit fairly and equally, without regard to
whether or not an employee is a member of the Union.
Any employee of the Union as of July 1, 1998 and who is a member of the Union
on July 1, 1998, or who subsequently joins and all employees in the unit hired on
or after that date shall, as a condition of continued employment either be required
to belong to the Union or to pay to the Union a fair share fee. Payroll deductions
for either dues or fair share/agency shop shall be deducted from all regular
employees. Payment shall be made by payroll deduction.
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
Page 25
Memorandum of Understandin_
Child Care Unit
November 1, 2000 through October 31, 2003
made. In this connection, all other legal and required deductions have priority
over Union dues.
During 1998, the fair share fee for services rendered by the Union shall be 85% of
the regular membership dues. Each employee shall have provided to him/her
without prejudice, the full representational services of the Union. The City and the
Union hereby agree that Agency Shop shall be amended annually to reflect any
change in the amount of the fair share fee. Said amount shall be determined by
an annual audit of the Union's finances.
Annually the Union shall produce an acceptable Union financial statement
prepared and certified by a Certified Public Accountant. Such reports shall be
made available to the City and to employees in the unit by the parties.
The Union shall notify the City in writing as to the amount of regular dues and fair
share fees.
Exemptions:
The provisions specified above 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. Separation includes layoff and leaves of absence.
Season employees are excluded from this Agency fee contract provision. Part-
time employees shall pay a pro -rata service fee or dues as provided above.
An Agency Shop agreement shall not apply to managers, confidential employees
or supervisors.
Any unit member may be exempted from payment of any representation/service
fees to the Union if that person is a member of a religious body whose traditional
tenets or teachings include objections to joining or financially supporting an
employee organization as defined in section 3540.1(d) of the Government Code.
Such exempt unit member shall, as an alternative to payment of a
representation/service fee to the Union, pay an amount equivalent to such
representation/service fee to the charity mutually agreed upon by the City and the
Union.
Hold Harmless:
Monies 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
Page 26
Memorandum of Understandin,
Child Care Unit
November 1, 2000 through October 31, 2003
addition, the Union shall refund to the City any amount paid to it in error upon
presentation of supporting evidence.
Article 11.8. Labor/Management Meetings
During the term of the Agreement, the City and the Union agree that consultation
meetings may contribute to improved employer-employee relations. Issues
relating to cost of living in Marin County, job classes within the City, and
promotional opportunities may serve as a basis for initial agenda items to be
discussed.
The committee shall be comprised of three (3) representatives from the Child
Care Unit and three (3) from City Management as well as the MAPE/SEIU Field
Representative and the Human Resources Manager. 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 Grievance Procedures outlined
in this MOU and this language is not intended to create a re -opener clause in this
MOU.
Page 27
MARIN ASSOCIATION OF PUBLIC
EMPLOYEES
!SMIR TKIEW Z
UNION REPRESENTATIVE
J NETTE BRAA
CHILD CARE UNIT TEAM MEMBER
CITY OF SAN RAFAEL
uy
DARYG:. CHANDLER
ASSISTANT DIRECTOR, MANAGEMENT
SERVICES DEPARTMENT
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WILLIAM LHARFv
ASSISTANT DIRECTOR, CO UNITY
SERVICES DEPARTMENT
�tl I
AURA MCCU�1VETH NORDHOFF
CHILD CARE UNIT TE M MEMBER ASSISTANT CITY MANAG R
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