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HomeMy WebLinkAboutCC Resolution 7284 (Child Care Personnel)RESOLUTION NO. 7284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR CHILDCARE PROGRAM PERSONNEL (Effective 1/1/86 thru 12/31/87) WHEREAS, the City of San Rafael and Marin Association of Public Employees S.E.I.U. - 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 29, 1986 and consisting of three 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 the Marin Association of Public Employees shall utilize the Memorandum of Understanding dated January 29, 1986, as the official document of reference respecting compensation and working conditions for Childcare employees. Section 2. The schedules describing classes of posi- tions and salary ranges attached in Exhibit A 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 3rd day of February, 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNCE M: LEONCINI, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN RAFAEL AND MARIN ASSOCIATION OF PUBLIC EMPLOYEES CHILDCARE UNIT - S.E.I.U. - 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 organ- ization for Childcare Program employees (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 Under- standing is subject to the approval of the San Rafael City Council. DATED: doj MARIN ASSOCIATION OF PUBLIC EMPLOYEES S.E.I.U. - Local 949 - Child Care Unit By J GtJi�,c,�r� BETH WINTERS Senior Field Representative CITY OF SAN RAFAEL By r PAMELA J. NICOLAI City Manager I I L MEMORANDUM OF UNDERSTANDING - CHILD CARE UNIT TERM: This agreement shall be in effect from January 1, 1986 through December 31, 1987. Section 1. Salaries. Effective January 1, 1986, a salary increase of five percent (58) shall be paid to all employees in the Child Care Unit and shall be applied across the board to all classifications, steps and ranges pursuant to Exhibit "A," Section 1, attached. Effective January 1, 1987, six percent (6%) will be applied across the board. Section 2. Unit Title. This bargaining unit shall be referred to as the Child Care Unit. Child rare employees covered by this Memorandum of Understanding will be hired on a contract basis at the appropriate salary and step (Exhibit A) and the terms and conditions of employment as contained in the attached contract, Exhibit "B." This includes the positions of Child Care Director, Child Care Instructors I and II, Child Care Bookkeeper, who work a twelve month year. Terms and conditions are based on a 35 -hour workweek. Section 3. 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. Effective January 1, 1986, employees in the classification of Instructor I/Child Care shall be eligible to receive a merit increase to Step B after at least six months of satisfactory service and after having worked a minimum of 350 hours. Eligibility for merit increases from Step B to Step C will continue to be in accordance with the first paragraph of this Section 3. Section 4. Health Care. Effective April 1, 1986, the City shall contribute on behalf of those employees in the classification of Child Care Center Director who are scheduled to work thirty-five hours or more per week and who participate in the City's health insurance program an amount not to exceed the premium cost of covering a single employee under the Kaiser Foundation Health Plan. Effective January 1, 1987, the City shall contribute on behalf of those employees in the classification of Instructor II/Child Care who are scheduled to work thirty-five hours or more per week and who participate in the City's health insurance program an amount not to exceed the premium cost of covering a single employee under the Kaiser Foundation Health Plan. Section 5. Paid Leave. Effective January 1, 1986, all employees covered by this Memorandum of Understanding shall begin to earn paid leave on the basis of one day of paid leave for each full month of service. A day's paid leave shall be based on the daily hours an employee has contracted to work and may be accumulated to a maximum of eighteen days. The provisions of this Section 5 shall be considered to be on a trial basis for the two year term of this Memorandum of Understanding. Section 6. Probation. All employees hired on or after January 16, 1986 shall be required to serve a probationary period as follows: (1) For the employees in the classification of Instructor I/Child Care, six months. (2) For all other employees, one year. Section 7. 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 8. Existing Laws, Regulations and Policies. This Memorandum is subject to all applicable laws. Section 9. 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. Section 10. 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. Ckz (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 conferring for a proposed Memorandum of Understanding between the parties to be effective on or after December 31, 1987. Section 11. 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 12. 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:�%� MARIN ASSOCIATION OF PUBLIC EMPLOYEES CITY OF SAN RAFAEL S.E.I.U. - Local 949 - Child Care Unit By By � Beth Winters PAMELA J. NI�2OLAI Senior Field Representative City Manager By J Cdo 1 e Shop Steward BY William Schkrf% Shop Steward -3- EXHIBIT "A" 1276 1367 1457 1532 Instructor. II/Child Care 5% January 1, 1986 1094 1184 1243 Bookkeeper 911 POSITION (Part-time) Step A Step B Step C Step D Child Care Center Director 8.41 9.01 9.62 10.10 Instructor II/Child Care 6.62 7.21 7.81 8.19 Bookkeeper 6.02 6.62 7.21 7.58 Instructor I/Child Care 4.81 5.41 6.02 -- POSITION (Full -Time) Child Care Center Director 1276 1367 1457 1532 Instructor. II/Child Care 1004 1094 1184 1243 Bookkeeper 911 1004 1094 1149 Instructor I/Child Care 729 819 911 --- 6% January 1, 1987 Step A Step B Step C Step D POSITION (Part-time) II/Child Care - 11.60 1.255 1318 Child Care Center Director 8.91 9.55 10.20 10.70 Inst II/Child Care 7.02 7.64 8.28 8.68 Bookkeeper 6.38 7.02 7.64 8.03 Instructor I/Child Care 5.10 5.73 6.38 -- POSITION (Full Time) Child Care Center Director 1352 1449 1544 1624 Instructor II/Child Care 1064 11.60 1.255 1318 Bookkeeper 966 1064 1160 1218 Instructor I/Child Care 773 868 965 -- EXHIBIT "B" A G R E E M E N T THIS AGREEMENT made and entered into this day of , 198_, by and between the CITY OF SAN RAFAEL, hereinafter referred to as "CITY" and , hereinafter referred to as "EMPLOYEE." WITNESSETH: 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's collective bargaining agreement with the Marin Association of Public Employees S.E.I.U. - Local 949 - Child Care Unit (MAPE) provides for certain wages, hours, and terms and conditions of employment: NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1. The CITY hereby employs EMPLOYEE to serve as a contract employee in the position of (Child Care Director) (Child Care Instructor I & II) (Child Care Bookkeeper) as funds are available from the date hereof to , 198_. 2. EMPLOYEE agrees to perform the services required as set forth in the appropriate job description incorporated herein by reference. 3. In consideration of EMPLOYEE performing these services as (Child Care Director) ( ) (Child Care Bookkeeper) he/she shall be compensated as follows: $ / (hour) for hours/week; $ / (month) commencing on the date hereof, said compensation being incorporated as part of Section I of City of San Rafael Resolution No. 6377 pertaining to the compensation for Child Care Employees. EMPLOYEE shall be paid twice each month on the business days falling on or nearest the fifteenth (15th) and the last day of the month in the same manner as full-time permanent employees of the City of San Rafael. 4. Benefits will be available based upon a payroll deduction plan whereby employee may select desired benefits from available plans, the cost of which will be borne by the employee. Health Care. Effective April 1, 1986, the City shall contribute on behalf of those employees in the classification of Child Care Center Director who are scheduled to work thirty-five hours or more per week and who participate in the City's health insurance program an amount not to exceed the premium cost of covering a single employee under the Kaiser Foundation Health Plan. Effective January 1, 1987, the City shall contribute on behalf of those employees in the classification of Instructor II/Child Care who are scheduled to work thirty-five hours or more per week and who participate in the City's health insurance program an amount not to exceed the premium cost of covering a single employee under the Kaiser Foundation Health Plan. ti 5. EMPLOYEE will be given personal leave days which may be used for any purpose approved by his/her supervisor based on the following formula: One day of paid leave for each full month of service. A day's paid leave shall be based on the daily hours an employee has contracted to work and may be accumulated to a maximum of eighteen days. Accrual of personal leave will begin with the first month of work. 6. EMPLOYEE shall be entitled to the same maternity/paternity benefits given regular City employees. 7. EMPLOYEE shall be granted the following holidays: January 1st, 3rd Monday in February, last Monday in May, July 4th, first Monday in September, November 11th, Thanksgiving Day, day after Thanksgiving, December 25th. 8. An annual program for cardiopulmonary recusitation (CPR) and First Aid certification will be provided for persons working as Child Care Directors and Instructors II. THIS PROVISION DOES DOES NOT APPLY TO THIS AGREEMENT. 9. Probation. All employees hired on or after January 16, 19BG shall be required to serve a probationary period as follows: (1) For the employees in the classification of Instructor I/ Child Care, six months. (2) For all other employees, one year. During the probationary period, an employee may at any time be dismissed by the appointing authority without right of appeal. 10. Chapter 16 of the City of San Rafael Rules and Regulations, titled "Grievance Procedure" shall be followed should EMPLOYEE wish to initiate a grievance as defined,in those Rules. 11. CITY may terminate this employment agreement, at its option, on the occurrence of any one of the following 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 impracticable for the program services to be continued. In such event, CITY shall give EMPLOYEE two (2) calendar weeks written notice of termination. (b) The inadequacy of revenues generated by the program services as determined by Quarterly accounting audits performed by CITY. In such event, CITY shall give EMPLOYEE two (2) calendar weeks written notice of termination. (c) Commission or omission by EMPLOYEE of an act or acts constituting good cause for suspension or termination. see city or ban narael Personnel Rules and Regulations, Chapter 12, in total, which shall apply in every case wherein suspension, termination or appeal is at issue. 12. Notwithstanding the conditions listed in paragraph 6, 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 -2- ti 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 a review of their performance evaluations and seniority in accordance with Chapter 8, Section 3 of the City Rules. Performance evaluations shall be .written at least annually. 13. Incorporation of these portions of the Rules is for ease and simplicity and in no way implies incorporation of the remainder of the body of those Rules. 14. CITY and EMPLOYEE may extend, by mutual written agreement, the same terms and conditions of this Agreement for an additional period as deemed necessary. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. ATTEST: JEANNE M. LEONCINI, City Clerk CITY OF SAN RAFAEL Standard form contract approved by City Attorney in August 1984. EMPLOYEE -3- ti