HomeMy WebLinkAboutCC Resolution 9296 (Child Care MOU 1994-1997)RESOLUTION NO. 9296
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR CHILD CARE PROGRAM PERSONNEL
THREE YEAR AGREEMENT
11/01/94 through and including 10/31/97
WHEREAS, the City of San Rafael and Marin Association of Public Employees,
MAPE/SEIU Local 949 Child Care Unit 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 January 25, 1995 and consisting of
seventeen (17) pages and Exhibits A. B. C. D. and E have been executed by duly authorized
representatives for both parties;
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
Section 1. From and after the date of adoption of this Resolution, the City of San
Rafael and the Marin Association of Public Employees S.E.I.0 Local 949, shall utilize the
Memorandum of Understanding dated January 25, 1995, as the official document of reference
regarding compensation and working conditions for represented Child Care personnel.
Section 2. The schedule describing classes of positions and salary ranges attached
in Exhibits A. B. C. and D to said Memorandum of Understanding, together with the contract form
and 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 6th of February, 1995 by the following vote, to wit:
AYES:
COUNCILMEMBERS: Heller,
Zappetini and Mayor Boro
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Cohen
JEANE MLEON�CITY
,RK
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
MARIN ASSOCIATION OF PUBLIC EMPLOYEES
CHILD CARE UNIT
SEIU, LOCAL 949, AFL-CIO
November 1, 1994 - October 31, 1997
COPY
a
Memorandum of Understanding
City of San Rafael and Child Care Ung.
July 1, 196- uirough October 31, 1997
TABLE OF CONTENTS
CHAPTER 1. GENERAL PROVISIONS
Article I.I. 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
2.1.1. November 1, 1994
2.1.2. November 1, 1995
2.1.3. November 1, 1996
Article 2.2. Step Increases
Article 2.3. Merit Performance Award
Article 2.4. Salary Range Differentials
2.4.1. November 1, 1994
2.4.2. November 1, 1995
2.4.3. November 1, 1996
Article 2.5. Pay Equity Adjustment
CHAPTER 3. INSURANCES
Article 3.1. Health Insurance
Article 3.2. Dental Plan
Article 3.3. State Disability Insurance (SDI)
CHAPTER 4. PAID LEAVE
Article 4.1. Sick Leave
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f,4emorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
4.1.1. Eligibility: .5
4.1.2. Accumulation: 5
4.1.3. Use of Sick Leave: 5
4.1.4. Advance of Sick Leave: 6
4.1.5. Compensation For Unused Portion. 6
Article 4.2. Annual Vacation Leave .6
4.2.1. Eligibility. 6
4.2.2. Administration of Vacation Leave. .6
4.2.3. Rate of Accrual 7
Article 4.3. Other Leaves
4.3.1. Military Leave.
4.3.2. Leave of Absence Without Pay.
.7
4.3.3. Industrial Injury Leave.
7
4.3.4. Jury Duty.
7
4.3.5. Family Medical Leave
7
4.3.6. Voluntary Time Off
8
4.3.7 Holidays
.8
CHAPTER 5. TERMS AND CONDITIONS
8
Article 5.1. Work Week
8
Article 5.2. Overtime
.9
Article 5.3. Compensatory Time Policv
9
5.3.1. Accrual Limit
9
5.3.2. Overtime Rate
.9
5.3.3. Use & Carryover.
.9
Article 5.4. Staff Development/Preparation Days
9
Article 5.5. PROBATION
.9
Article 5.6. TEMPORARY PROMOTIONS
9
CHAPTER 6. PROCEDURES
9
Article 6.1. Disciplinary Action
.9
6.1.1. Right to Discipline and Discharge.
9
6.1.2. Preliminary Notice.
10
6.1.3. Disciplinary Action and Appeal
10
6.1.4. Sexual/Racial Harassment.
10
Article 6.2 Grievance Procedure
11
6.2.1. Definitions.
.11
6.2.2. Procedure.
.11
6.2.3. Arbitration.
12
6.2.4. General Provisions.
.12
CHAPTER 7. RETIREMENT
13
CHAPTER 8. UNION RIGHTS
13
Article 8.1. Employee Representatives
13
8.1.1. Designation.
.13
8.1.2. Bulletin Boards.
.13
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Memorandum of Understanding
City of San Rafael and Child Care Unli
July 1, 1994 through October 3., X497
Article 8.2. Dues Deduction
.13
8.2.1. Dues Collection.
.13
8.2.2. Dues Collection During Separation from Employment.
14
CHAPTER 9. MANAGEMENT RIGHTS
14
CHAPTER 10. REDUCTION IN FORCE
15
Article 10.1. Authority
.15
Article 10.2. Notice
.15
Article 10.3. Order of Layoff
,15
Article 10.4. Seniority
.15
Article 10.5. Bumping Rights
15
Article 10.6. Transfer Rights
15
Article 10.7. Re-employment
16
10.7.1. General Guidelines.
.16
10.7.2. Right to Re-employment.
16
10.7.3. Time Limits.
.16
10.7.4. Availability.
16
10.7.5. Probationary Status.
16
10.7.6. Restoration of Benefits.
16
CHAPTER 11. MISCELLANEOUS
16
Article 11.1. Classification Specification
16
Article 11.2. Employee Orientation Letter
16
Article 11.3. CPR/First Aid Training
17
Article 11.4. Deferred Compensation Plan
17
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M-3morandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through Octuoer 31, 1997
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
CHILD CARE UNIT
SEIU, LOCAL 949, AFL-CIO
November 1, 1994 - October 31, 1997
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, 1994 and ending October 31, 1997.
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, 1994 through October 31, 1997.
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).
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Memorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
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 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.
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Memorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
1.9.2. Waiver & Modification.
Except as specifically otherwise provided herein, it is agreed and understood that each parry 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. November 1, 1994
Effective November 1, 1994 a three percent (3%) salary increase for all represented job classes.
2.1.2. November 1, 1995
Effective November 1, 1995, a three percent (3%) salary increase for all represented job classes.
2.1.3. November 1, 1996
Effective November 1, 1996, a three percent (3%) salary increase for all represented job classes.
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, hetshe 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.
Article 2.4. Salary Range Differentials
2.4.1. November 1, 1994
Effective November 1, 1994, create a 10% salary range differential between the top step Instructor II and
beginning step of Director and create a 9% salary range differential between top step Instructor I and
beginning step of Instructor II.
2.4.2. November 1, 1995
Effective November 1, 1995, create an 11 % salary range differential between top step Instructor II and
beginning step of Director and create a 10% salary range differential between top step Instructor I and
beginning step of Instructor II.
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M-amorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
2.4.3. November 1, 1996
Effective November 1, 1996, create 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.
Note: Salary range differential changes are to be computed prior to implementing across the
board increases noted in 2.1.
Article 2.5. Pay Equity Adjustment
Effective January 1, 1995, the hourly salary range for Child Care Bookkeeper shall be aligned with the
Child Care Director job class (benefit eligibility would remain equivalent to the Instructor II and the
monthly salary range would continue to be based on a 35 hour work week). Note: At the time of the
implementation, January 1, 1995, the incumbent would be placed at the step that would provide, at a
maximum, a five percent (5%) increase (unless that would exceed the top step of the new salary range).
CHAPTER 3. INSURANCES
Article 3.1. Health Insurance
The City shall contribute towards health insurance premium cost an amount equal to the premium cost of
covering a single employee under the Kaiser North Plan or $150 per month, whichever is less, on behalf of
Child Care Directors, Child Care Instructor II's, Child Care Instructor I's, and the Child Care Bookkeeper who
are scheduled to work 35 hours or more.
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 City's contribution towards their group health
insurance premium cost.
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 II. (Must be contracted to work at least 35 hours per week).
All employees enrolled in the dental insurance program will be enrolled in Group 0002 with its corresponding
benefit levels.
Article 3.3. State Disability Insurance (SDI)
Employees will have the full premium cost for S.D.I. 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
S.D.I. With this notification, S.D.I. 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 S.D.I. through the State Office.
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Memorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
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. Personnel Department, on receipt of PAF, contacts employee and supervisor to discuss
availability of coordination of S.D.I. 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 S.D.I. 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 Personnel 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 S.D.I. 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 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:
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Memorandum of Understanding
ritv of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
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 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.
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Memorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
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.
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. Accrued vacation 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 Personnel 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
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Memorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 throuy. , October 31, 1997
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.
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.
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 and Child Care Bookkeepers.
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Memorandum of Understanding
City of San Rafael and Child Care Unit
July), 1994 through October 31, 1997
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 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
Page 9
Memorandum of Understanding
City of San Rafael and Child Care UrnL
July 1, 1994 through October 31, 1997
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 employee's Department
Head 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 3 of the Grievance Procedure. If a written appeal is filed, no disciplinary action
shall be imposed until the City Manager 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 City Manager 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
Page 10
Memorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through Oct—jer 31, 1997
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.
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 11
Memorandum of Understanding
City of San Rafael and Child Care Ung,
July 1, 1994 through October 31, 1997
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 Personnel
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 parry 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 deemed settled. The parties may by mutual agreement waive the steps in the
procedure.
Page 12
Memorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
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 Personnel 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.
The employee's share of their contribution shall be paid by the employee through automatic payroll deductions.
The City will pay two and a half percent (2.5%) of the employee portion of the retirement contribution.
Effective November 1, 1995, 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.
Page 13
Memorandum of Understanding
City of San Rafael and Child Care Ung.
July 1, 1994 through October 31, 1997
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.
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 workforce
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 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
Page 14
Memorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
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 MAPF 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. 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 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 Personnel 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.
Page 15
Memorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 uirough October 31, 1997
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 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 16
PQemorandum of Understanding
City of San Rafael and Child Care Unit
July 1, 1994 through October 31, 1997
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.
Page 17
MARIN ASSOCIATION OF PUBLIC
EMPLOYEES
BILX CASTELLANOS
FIELD REPRESENTATIVE
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DARYL CEJ
CHANDLER
PERSONNEL DIRECTOR
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E
EXHIBIT E
AGREEMENT
This agreement made and entered into the day of
, by and between the CITY OF SAN RAFAEL,
hereafter referred to as "CITY" and ,
hereafter referred to as "CONTRACT EMPLOYEE".
Whereas, the CITY, in order to provide Child Care Services to
its residents determined to employ qualified individuals for a
fixed term to administer and/or provide program services; and
Whereas, the CITY, in order to provide such child care
services is authorized to employ a
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereby agree as follows:
1. The City hereby contracts with CONTRACT EMPLOYEE to
perform services as a
2. CONTRACT EMPLOYEE agrees to perform the services required
as set forth in the appropriate job class specification,
attached hereto as Exhibit "A" and incorporated herein by
reference.
3. In consideration of CONTRACT EMPLOYEE performing these
services in the above stated position, he/she shall then
be compensated as follows:
Employee shall be paid each month on the business day
falling on or nearest the fifteenth (15th) and the last
day of the month in the same manner as full-time, regular
employees of the City of San Rafael.
4. CONTRACT EMPLOYEE is entitled to and agrees to the terms
and conditions of the Child Care Memorandum of
Understanding with Marin Association of Public Employees
(M.A.P.E.) SEIU Local 949 described in City Resolution
5. Contract Employee agrees that as a condition of
employment, the employee agrees to abide by the terms of
the City's Drug -Free Workplace Policy.
6. CONTRACT EMPLOYEE shall be entitled to benefits as
outlined herein in accordance with the Memorandum of
Understanding. Said CONTRACT EMPLOYEE shall receive paid
holidays, vacation and sick leave based on a hour
day. CONTRACT EMPLOYEE agrees to work days per
week.
7., CONTRACT EMPLOYEE named herein is entitled to:
A. CITY paid contribution to health benefits.
YES NO
B. CITY paid dental benefits.
YES NO
C. Participation in CITY retirement program.
Marin County Retirement System YES NO
Public Agency Retirement System YES NO
D. CITY provided CPR training.
YES NO
8. Either party may terminate this agreement upon fifteen
(15) days written notice; and CITY may also terminate this
employment agreement, at its option on the occurrence of
any one of the following special events:
A. The loss of a facility in which program services are
provided due to events beyond the control of CITY, or
occurrence of circumstances that make it impossible
or impractical for the program services to be
continued.
B. The inadequacy of revenues generated by the program
services.
9. If a particular child care program (as opposed to the
entire child care program) is running a deficit or the
facility is no longer available, it may be closed and its
programs terminated or consolidated with other centers.
In the event this occurs, Employees who work at the closed
program/facility shall be considered for transfer to
another like position in an operating child care facility
based upon seniority in accordance with the Memorandum of
Understanding in affect at the time.
lo. The parties agree to submit any claims or disputes arising
out of this agreement to binding arbitration pursuant to
the current provisions of the California Code of Civil
Procedure and any successor statutes.
IN WITNESS WHEREOF, the parties hereto have entered into this
Agreement the day and year first written above.
CITY OF SAN RAFAEL: CONTRACT EMPLOYEE:
DATE: DATE:
DATE:
PAMELA J. NICOLAI
City Manager
ATTEST:
DATE:
JEANNE M. LEONCINI, City Clerk
APPROVED AS TO FORM:
DATE:
CITY ATTORNEY