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HomeMy WebLinkAboutCC Resolution 7407 (Misc Supervisory Personnel)RESOLUTION NO. 7407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 7219 PERTAINING TO THE COMPENSATION AND WORKING CON- DITIONS FOR MISCELLANEOUS SUPERVISORY PERSONNEL WHEREAS, the City of San Rafael and Marin Association of Public Employees - S.E.I.U. Local 949 - 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 July 31, 1986, and consisting of eight pages and Exhibits A, B and C has been executed by duly authorized representatives for both parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1. From and after the date of adoption of this Resolution, the City of San Rafael and the Marin Association of Public Employees shall utilize the Memorandum of Understanding dated July 31, 1986, as the official document of reference respecting compensation and working conditions for Miscellaneous Supervisory personnel. Section 2. The schedules describing classes of positions and salary ranges attached in Exhibits A, B and C to said Memorandum of Understanding, together with the Memorandum of Understanding itself, are hereby adopted and both shall be attached hereto and incorporated in full. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City the 4th day of AUGUST 1986, by the following vote, to wit: AYES: COUNCILMEMBERS• Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli Ili . JEA LEONCINI, City Clerk ORdGIN"Rt MEMORANDUM OF UNDERSTANDING Supervisory Unit MAPE - SEIU Local 949 WHEREAS, authorized representatives of the City of SAN RAFAEL, a chartered city (hereinafter referred to as "City"), and authorized representatives of the MARIN ASSOCIATION OF PUBLIC EMPLOYEES - S.E.I.U. Local 949, the recognized employee organization for classified Miscellaneous employees belonging to the Supervisory Unit (hereinafter referred to as "Union"), have met and conferred concerning wages, hours, and working conditions; NOW, THEREFORE, IT IS AGREED that, pursuant to the provisions of the Meyers-Milias-Brown Act, the matters set forth in this Memorandum and attached Exhibits constitute the written Memorandum of Understanding between the City and the Union and shall apply to all employees represented by the Union. IT IS FURTHER AGREED that this Memorandum of Understanding is subject to the approval of the San Rafael City Council. DATED: July 31, 1986 MARIN ASSOCIATION OF PUBLIC EMPLOYEES CITY OF SAN RAFAEL By BETH WIN ER Y Senior Field Representative PAMELA J. NZ�COLI City Manager TERM: This Agreement shall be in effect from July 1, 1986 through June 30, 1988. Section 1. Salaries. Effective July 1, 1986, a salary increase of four percent (4%) shall be paid to all employees covered by this Memorandum of Understanding and shall be applied across the board to all classifications, steps and ranges pursuant to Exhibit "A" attached. Effective March 1, 1987, a salary increase of two percent (2%) shall be paid to all employees covered by this Memorandum of Understanding. Effective July 1, 1987, a salary increase of four percent (4%) shall be paid to all employees covered by this Memorandum of Understanding. Effective March 1, 1987, the following classifications shall receive salary following increases which are in addition to those specified above: Classification Salary Increase Librarian I/II 4% Librarian Assistant Supervisor 4% Senior Cashier Clerk 2% Section 2. Insurance Program. Effective December 1, 1986, as an added fringe benefit, a maximum amount of Two Hundred Forty -Five Dollars ($245.00) per month will be contributed towards the cost of each eligible employee's Health, Accident, Life and Disability Insurance Package. Also, on December 1, 1986, the Three Dollar ($3.00 deductible prescription drug coverage will be added to the Kaiser Foundation Medical Plan. Selection of coverage must include the employee's basic health plan and $5,000 life insurance policy offered by the City. The difference between the allotted amount and the cost of the individual's health and insurance plan costs will be paid to the employee to a maximum of $50.00/month. Any employee who retires after July 1, 1985, will be entitled to a medical benefit, but the City's contribution will not exceed the cost of the two party rate for the middle cost medical plan. UP Section 3. Retirement Contribution. The City agrees to payment of employee's contribution to Marin County Retirement System, up to a maximum of five percent (58) of an employee's salary or fifty percent (508) of the employee's retirement contribution rate, whichever is less. Section 4. Dental Insurance. The City will provide for a dental program which provides 1008 coverage for diagnostic and preventive care, $25.00 deductible on corrective care (80/20) per patient/calendar year and orthodontic coverage (50/50). Section 5. Uniform Allowance. Uniform members of the Union shall receive a uniform allowance in the amount of $150.00 at the completion of each six (6) months of service ending June 30 and December 31. A proration at the rate of $25.00 per month may be given for a portion of the first and last six months of service upon recommendation of the Department Head and approval of the City Manager. The Uniform Allowance will cover foul weather gear. Uniforms and gear shall be in accordance with departmental dress code requirements. A safety shoe allowance of $70.00 per year will be provided to all Corporation Yard employees. Section 6. Call -Back Duty Pay. When a supervisory employee who is not assigned to stand-by is called back to duty, said employee will receive compensation for a minimum of four (4) hours. Section 7. Use of City Vehicles. Public Works Supervisors, at the direction of the Department Head, will be allowed to take a City vehicle home in emergency conditions. Section 8. Out -of -Class Compensation. Employees assigned by their supervisor to perform work of a job of higher classification for three (3) consecutive work days or more will be compensated at an hourly rate 58 greater than the employees current rate or the lowest step of the class within which the duties fall, whichever is greater. The increase shall be retroactive to include the first day. 2 - Section 9. Compensation Time Policy. With the Department Head's approval, compensation time, in lieu of overtime pay, may be taken subject to the following rules: (1) Upon accrual of five (5) days or forty (40) hours of compensatory time, employees shall be paid overtime at the rate of time and one-half of their established rate for hours worked, and may not accrue additional comp time. (2) Employees who work overtime may be paid for it at the rate of time and one-half or may take comp time subject to the limitations in paragraph (1). But employees who elect the comp time option must take time off (preferably within the quarter during which it is earned) and may not be paid for it. (3) All comp time earned during the fiscal year must be used by June 30 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 comp time provided it is taken as leave within the following quarter. (4) overtime earned will be paid off by June 30 each year. (5) Supervisory personnel who cannot take a duty-free lunch, based upon direction from either the department head or division head, will be credited straight compensatory time. Time off shall be subject to the existing policies on compensatory time. Section 10. Evaluation System. The City agrees to discuss with the Union objective criteria for the City's evaluation system during the term of this Memorandum of Understanding. - 3 - Section 11. Safety Committee. The scope of the Safety Committee is expanded to review, investigate and make recommendations concerning environmental working conditions as they affect health and safety. Section 12. Prevailing Wage Survey. The City and Union agree to survey prevailing wages of ten cities used in past two Memoranda of Understanding for benchmark positions for data base for negotiations beginning April 1988. Section 13. Classification Review. The City shall conduct a classification study of the clerical and Library Assistant Supervisor classifications in this bargaining unit. These studies are to be completed no later than July 1, 1987. The City shall also review and update the job descriptions for the classifications of Librarian II and Librarian I; said update to be completed by January 1, 1987. Section 14. State Disability Insurance. The City is making appropriate deductions from employees' paychecks for State Disability Insurance. State Disability Insurance payments are to be integrated with paid sick leave. Section 15. Bereavement Leave. In the event of the death of an employee's spouse, children, parents, brothers or sisters, in-laws, relatives who live or have lived in the home to such an extent that they are considered members of the immediate family and/or other individuals who have a legal familial relationship to the employee and reside in the employee's household, up to three (3) days within State and five (5) days out of state will be granted for bereavement leave. In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit same to the Department Head when the leave request is made. - 4 - Section i_. Work on Holiday. Insof,.- as practical, management will make every effort to arrange work schedules so that work on holidays is equally distributed. Section 17. Sick Leave Bonus. Employees who currently have twenty-four (24) days' accumulated sick leave and who earn an additional twelve (12) days during the life of this Memorandum of Understanding will receive either their birthday or a floating holiday as a paid day off. Section 18. Vacations. Employees will be permitted to take earned vacation after six (6) months employment subject to the approval of the Department Head. Section 19. Sick Leave. Employees may use earned sick leave during their probationary period. Employees covered by this Memorandum of Understanding can accumulate up to One Hundred Sixty -Five (165) days of unused sick leave. This provision does not modify the present policy pertaining to a limitation of payment on unused sick leave. The City will meet with MAPE upon request after January 1, 1987, to explore alternatives to the present sick leave incentive plans. Any agreed upon changes or modifications shall be implemented no later than July 1, 1987. Section 20. Maintenance of Membership. Employees in the bargaining unit who are members of the Union on the date this Memorandum of Understanding is executed shall remain members during the period covered by this Agreement, except that such employees may withdraw during a period not less than sixty (60) days nor more than ninety (90) days prior to the expiration of this Agreement, pursuant to Section b - Revocation. a. Security Clause. An employee in any of the classes represented by the Union, hired on or after December 5, 1983, shall become a member, in good standing, in the Union, except that said employee may, within the first thirty (30) days of employment, apply in writing to the City, with a copy to the Union, for exemption, and such employee shall be so exempted. -5- b. Revo _tion. An employee current_y a member or who becomes a member who desires to revoke his/her authorization for Union membership shall notify the Personnel Officer by mail of such revocation during a period not less than sixty (60) nor more than ninety (90) days prior to the expiration of this Agreement. It is understand that if an employee does not revoke his/her authorization for Union membership during the period specified above, dues shall continue to be deducted from the employee's earnings for the remaining term of this Agreement, without further right to revocation. Section 21. Grievance Procedure and Appeal Process. The City's grievance procedure and appeal process is revised to provide on a trial basis for term of this Agreement a three person Board, one member to be selected by the City, one member to be selected by the Union and the third member to be selected by the other two members. This Board will hear grievances and appeals as last step in procedure and make recommendations to the City Council, whose decision is final. Section 22. Inspection of Memorandum. 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. Section 23. Existing Laws, Regulations and Policies. This Memorandum is subject to all applicable laws. Section 24. 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. - 6 - Section 25. Full Understanding, Modification, Waiver. (1) The parties jointly represent to the City Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. (2) 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 conferrng by mutual agreement. Section 26. 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. Section 27. Prevailing Rights. All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, 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. DATED: July 31, 1986 M MARIN ASSOCIATION OF PUBLIC EMPLOYEES S.E.I.U. Local 949 By BE H W iRS Senior Field Represenative By GWEN DAVIS By TOM RO HENBER EFS CITY OF SAN RAFAEL By �{ PAMELA J. 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