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HomeMy WebLinkAboutCC Resolution 10344 (MOU SEIU Childcare)RESOLUTION NO. 10344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO.9987 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES/SEIU 949, Child Care Unit. (2 year agreement from November 1, 1998 through October 31, 2000). WHEREAS, the City of San Rafael and the Marin Association of Public Employees, SEIU 949, herein known as MAPE, 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 December 18, 1998, and consisting 25 pages and exhibits A and B 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 MAPE , shall utilize the Memorandum of Understanding dated December 18, 1998 as the official document of reference respecting compensation and working conditions; Section 2: The schedules describing classes of positions and salary ranges attached as Exhibit A, and B to said Memorandum of Understanding, together with the Memorandum of Understanding itself are hereby adopted and both shall be attached hereto and incorpopated in full. i EM j}�j� 1' p 1,K 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 Mondav, the 21 st day of December, 1998 by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JE NNE M. LEONCINI, CITY CLERK MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and MARIN ASSOCIATION OF PUBLIC EMPLOYEES CHILD CARE UNIT SEIU, LOCAL 949, AFL-CIO November 1, 1998 through October 31, 2000 COPY TABLE OF CONTENTS MARIN ASSOCIATION OF PUBLIC EMPLOYEES CHILD CARE UNIT SEIU, LOCAL 949, AFL-CIO CHAPTER 1. GENERAL PROVISIONS Article 1.1. Introduction 1.1.1. 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 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 Article 3.2. Dental Plan Article 3.3. State Disability Insurance (SDI) CHAPTER 4. PAID LEAVE Article 4.1. Sick Leave 4.1.1. Eligibility: 4.1.2. Accumulation: 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 5 6 7 7 7 7 4.1.3. Use of Sick Leave: 7 4.1.4. Advance of Sick Leave: 8 4.1.5. Compensation For Unused Portion. 8 Article 4.2. Annual Vacation Leave 8 4.2.1. Eligibility. 8 4.2.2. Administration of Vacation Leave. 8 4.2.3. Rate of Accrual 9 Article 4.3. Other Leaves .10 4.3.1. Military Leave. .10 4.3.2. Leave of Absence Without Pay. .10 4.3.3. Industrial Injury Leave. 10 4.3.4. Jury Duty. 10 4.3.5. Family Medical Leave .10 4.3.6. Voluntary Time Off .11 4.3.7 Holidays .11 4.3.8. Catastrophic Leave .12 CHAPTER 5. TERMS AND CONDITIONS .12 Article 5.1. Work Week .12 Article 5.2. Overtime 13 Article 5.3. Compensatory Time Policy 13 5.3.1. Accrual Limit 13 5.3.2. Overtime Rate .13 5.3.3. Use & Carryover. . 13 Article 5.4. Staff Development/Preparation Days .13 Article 5.5. PROBATION .13 Article 5.6. TEMPORARY PROMOTIONS .13 CHAPTER G. PROCEDURES 14 Article 6.1. Disciplinary Action 14 6.1.1. Right to Discipline and Discharge. 14 6.1.2. Preliminary Notice. 14 6.1.3. Disciplinary Action and Appeal .15 6.1.4. Sexual/Racial Harassment. 15 Article 6.2 Grievance Procedure 15 6.2.1. Definitions. 15 6.2.2. Procedure. .16 6.2.3. Arbitration. .17 6.2.4. General Provisions. .18 CHAPTER 7. RETIREMENT .18 CHAPTER 8. UNION RIGHTS .19 Article 8.1. Employee Representatives .19 8.1.1. Designation. 19 8.1.2. Bulletin Boards. 19 Article 8.2. Dues Deduction .19 8.2. 1. Dues Collection. 19 8.2.2. Dues Collection During Separation from Employment. .20 CHAPTER 9. MANAGEMENT RIGHTS 20 CHAPTER 10. REDUCTION IN FORCE 21 Article 10.1. Authority .21 Article 10.2. Notice .21 Article 10.3. Order of Layoff .21 Article 10.4. Seniority .22 Article 10.5. Bumping Rights .22 Article 10.6. Transfer Rights .22 Article 10.7. Re-employment .22 10.7.1. General Guidelines. 72 10.7.2. Right to Re-employment. 73 10.7.3. Time Limits. 23 10.7.4. Availability. .23 10.7.5. Probationary Status. .23 10.7.6. Restoration of Benefits. .23 CHAPTER ll. MISCELLANEOUS .23 Article 11.1. Classification Specification .23 Article 11.2. Employee Orientation Letter .23 Article 11.3. CPR/First Aid Training 24 Article 11.4. Deferred Compensation Plan .24 Article 11.5. Educational Reimbursement Program .24 Article 11.6. Drug Free Work Place 24 Article 11.7. Agency Shop 24 MEMORANDUM OF UNDERSTANDING between the CITY OF SAN RAFAEL and the CHILD CARE UNIT SEIU, LOCAL 949, AFL-CIO November 1, 1998 through October 31, 2000 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, 1998 and ending October 31, 2000. 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, 1998 through October 31, 2000. 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 Unders.dnding Child Care Unit November 1, 1998 through October 31, 2000 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 Unders.anding Child Care Unit November 1, 1998 through October 31, 2000 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 Effective November 1, 1998 a 2.50% salary increase for all represented job classes (See Exhibit "A"). Effective November 1, 1999 a 3.00% salary increase for all represented job classes (See Exhibit "B"). 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. Page 3 Memorandum of Under-_.anding Child Care Unit November 1, 1998 through October 31, 2000 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. It shall be the goal of this committee to mutually agree on a policy on or before November 1, 1999. Failure to reach an agreement on or before this time 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 ll. 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 3.1NSURANCES 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 shall contribute towards group insurance premium costs up to $150 per month, on behalf of Child Care Directors, Child Care Instructor II's, and Child Care Instructor I's who are scheduled to work 35 hours or more. 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 plan, which they may be eligible for as determined by the full time equivalency (FTE) of their position. Effective January 1, 1999 the City shall increase its contribution from $150 per month to $200 per month. Effective November 1, 1999 the City shall increase its contribution from $200 per month to $330 per month. Part time employees whose employment contract provides that they work at least thirty hours per week (85.71% FTE) will receive an equivalent prorated share of the Page 4 Memorandum of Unders,dnding Child Care Unit November 1, 1998 through October 31, 2000 City's contribution towards their group health insurance premium cost. Effective January. 1, 1999 part time employees who are regularly scheduled (FTE level) to work a minimum of 20 hours per week will be eligible to receive an equivalent prorated share of the City's contribution. Prior to January 1, 1999 the City will hold an open enrollment period for employees eligible to enroll in the group life and long term disability insurance plans. Enrollment will be voluntary but all eligible employees must enroll or sign a waiver of enrollment during this open enrollment period. Coverage shall be effective February 1, 1999. For eligible employees hired on or after this date, the effective date of enrollment shall be consistent with the policy document established for the insurance plan. Effective the first of the month following ratification of the contract by the City Council, 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). The City will continue to offer at 125 plan for excess health premiums. Article 3.2. Dental Plan The City will provide a dental insurance program for the employees in the classification of Child Care Center Director. The City will pay the total premium for the dental insurance program for these eligible Child Care Center Director positions. The City will provide a dental insurance program for eligible employees in the classification of Child Care Center Instructor Il. (Must be regularly scheduled to work at least 35 hours per week). Effective January 1, 1999 all full time (FTE) Instructor Is 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, 1999. 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 Page 5 Memorandum of Unders,anding Child Care Unit November 1, 1998 through October 31, 2000 and their eligible dependents. Refer to the dental insurance policy booklet for eligibility requirements and specific coverage and other benefit limitations. Article 3.3. State Disability Insurance (SDI) Employees will have the full premium cost for SDI coverage automatically deducted from their pay check 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 manner: 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. 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. Page 6 Memorandum of Unders,cioding Child Care Unit November 1, 1998 through October 31, 2000 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 for 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: 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. Enforced quarantine of the employee in accordance with community health regulations; or 3. Medical appointments shall be charged to sick leave or, 4. 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 Page 7 Memorandum of UnderSLO ding Child Care Unit November 1, 1998 through October 31, 2000 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. 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. Page 8 Memorandum of Undersmoding Child Care Unit November 1, 1998 through October 31, 2000 Effective January 1, 1998 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, employee's may petition, once per year, for conversion of vacation days to cash (maximum of seven days). 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: 1. The first three (3) years of continuous employment shall earn ten (10) working days of vacation per year. 2. From the beginning of the fourth (4th) year of service through the end of the tenth (10th) year of service, fifteen (15) working days of vacation per year. 3. From the beginning of the eleventh (11 th) year of service through the fifteenth (15th) year, twenty (20) working days of vacation per year. 4. From the beginning of the sixteenth (16th) year of service and beyond, twenty-five (25) working days of vacation per year. Effective January 1, 2000 the rate of vacation accrual for eligible employees shall change to the following rate for continuous service: 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 I 19.50 days 11 I 20.00 days 12 I 21.00 days 13 I 22.00 days 14 I 23.00 days 15 I 24.00 days 16 plus I 25.00 days Page 9 Memorandum of Unders;.,, ding Child Care Unit November 1, 1998 through October 31, 2000 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. 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 Director 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 Page 10 Memorandum of Undersia,.ding Child Care Unit November 1, 1998 through October 31, 2000 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. 4.3.7 Holidays Employees shall be granted the following holidays: January 1 Third Monday in January Third Monday in February 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. Page 11 Memorandum of Undei, "nding Child Care Unit November 1, 1998 through October 31, 2000 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 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 work week for Child Care Center Directors shall be 37.5 hours per week and 35.0 hours per week for Child Care Instructors I and II. Page 12 Memorandum of Undei _ . Anding Child Care Unit November 1, 1998 through October 31, 2000 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. 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 30th of 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 Child Care 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. 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 Page 13 Memorandum of Unddi—anding Child Care Unit November 1, 1998 through October 31, 2000 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 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 Page 14 Memorandum of Unde,...dnding Child Care Unit November 1, 1998 through October 31, 2000 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. 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, Page 15 Memorandum of Undei,._.Anding Child Care Unit November 1, 1998 through October 31, 2000 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. 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. Page 16 Memorandum of Undei...dnding Child Care Unit November 1, 1998 through October 31, 2000 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. 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 Page 17 Memorandum of Under_..Anding Child Care Unit November 1, 1998 through October 31, 2000 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 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 Page 18 Memorandum of Unde. .anding Child Care Unit November 1, 1998 through October 31, 2000 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. 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 Page 19 Memorandum of Undei .ending Child Care Unit November 1, 1998 through October 31, 2000 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. 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 Page 20 Memorandum of Underz_,anding Child Care Unit November 1, 1998 through October 31, 2000 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 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. Page 21 Memorandum of Under_ aiding Child Care Unit November 1, 1998 through October 31, 2000 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: Seniority within the affected classification will be determinative. Such seniority shall include time served in higher classifications (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. 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. Page 22 Memorandum of Unders..., iding Child Care Unit November 1, 1998 through October 31, 2000 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 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. Page 23 Memorandum of UnderL .ending Child Care Unit November 1, 1998 through October 31, 2000 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 Child Care Directors and Instructors II. Article 11.4. Deferred Compensation Plan Child Care Unit employees who are contracted to work 35 hours or more each week, are eligible to participate in the City's Deferred Compensation Plan. 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 Page 24 Memorandum of Under6.-nding Child Care Unit November 1, 1998 through October 31, 2000 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 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 Page 25 Memorandum of Unders,_oding Child Care Unit November 1, 1998 through October 31, 2000 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 addition, the Union shall refund to the City any amount paid to it in error upon presentation of supporting evidence. Page 26 MARIN ASSOCIATION OF PUBLIC ,EMPLOYEES PAT ORR UNION REPRESENTATIVE BETH HAMILTON i JI NETTE BRAA 12- 2-2-19ft� DA E CITY OF SAN RAFAEL DA YIl G. CHANDLER ASSISTANT DIRECTOR, MANAGEMENT SERVICES DEPARTMENT W M Sa ARF ASSISTANT TOR, UNITY SERVICES DEPARTMENT KERtETH NORDHOFF ASSISTANT CITY MANA E ROCHELLE G CHMAN-DIBLEY� RECREATION SUPERVISOR z 1 zz�Scl DATE .s. MARIN ASSOCIATION OF PUBLIC ,EMPLOYEES AT ORR UNION REPRESENTATIVE ��� /•(C�17Z i. 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