Loading...
HomeMy WebLinkAboutResolution No. 6377 (Childcare Workers Compensation Working Conditions)RESOLUTION NO.6377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR CHILDCARE PROGRAM PERSONNEL AND PERMANENT PART-TIME EMPLOYEES WHEREAS, the City of San Rafael and Marin Association of Public Employees 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 August 16, 1982, and consisting of one page 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 August 16, 1982, as the official document of reference respecting compensation and working conditions for Childcare personnel and permanent part-time employees. Section 2. The schedules describing classes of positions 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 16th day of August , 1982, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: CQUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None JEAN M. ONCINI, Ci y Clerk MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN RAFAEL AND MARIN ASSOCIATION OF PUBLIC EMPLOYEES FOR CIiILDCARE PROGRAM AND PERMANENT PART-TIME EMPLOYEES 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 the recognized employee organization for Childcare Program and permanent part-time employees (hereinafter referred to as "Association"), 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 Association and shall apply to all employees represented by the Association. IT IS FURTHER AGREED that this Memorandum of Under- standing is subject to the approval of the San Rafael City Council. DATED: August 16; 1982. MARIN ASSOCIATION OF PUBLIC EMPLOYEES B y feneral M BUR 0 Manager By President 99.2 A/17 CITY OF SAN RAFAEL 0 'RT '. BEYER City Manager TERM: This agreement shall be in effect from September 1, 1982 through September 1, 1983. Section 1. Salaries. Effective September 1, 1982, a salary increase of three and three-quarters percent(3.75%) shall be paid to all employees in the Childcare Program and shall be applied across the board to all classifications, steps and ranges pursuant to Exhibit "A", Section 1, attached. Effective September 1, 1982, any part-time position class for which there is a full-time equivalent will be compensated based on the hourly rate for the corresponding step of the full-time equivalent position, pursuant to Exhibit "A", Section 2, attached. Section 2. Unit Title. Effective September 1, 1982, this bargaining unit shall be referred to as the Child Care Unit. Child care 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 work week. Permanent part-time employees (by definition, those employees in positions with full-time equivalent positions working throughout the year) will be included in the Miscellaneous Employee Unit and shall receive prorated benefits commensurate with those of the Miscellaneous Employee Unit. Section 3. Step Increases. 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 t 1 he minimum 700 hour requirement. - I - Section 4. Inspection of Memorandum. Both the City and the Association 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 5. Existing Laws, Regulations and Policies. This Memorandum is subject to all applicable laws. Section 6. Strikes and Lockouts. During the term of this Memorandum, the City agrees that it will not lock out em- ployees, and the Association 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 Association 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 7. 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 conferring for a proposed Memorandum of Understanding between the parties to be effective on or after July 1, 1982. - 2 - Section 8. 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 com- pliance with or any enforcement of any provision hereof be re- strained 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 9. 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: August 16, 1982. MARIN ASSOCIATION OF PUBLIC EMPLOYEES By /'/',z 'e" - JkM BURNE O eneral Manager By President 99.2 A/14 - 3 - CITY OF SAN RAFAEL By ky ROB L1 F . E City Manager .7. Section Ia. Child Care Pro ,title Child Care Ccnter Director Instructor II/Child Care Bookkeeper Instructor I/Chi.ld Carc Child Care ]ride II Child Care Aide .( Child Care Typist Clerk ram - Part-ti.mC. SLe[L A Stet' P. $7.26 ;7.7" .58.30 5.71 6.23 6.74 5. In 5.71 6.23 4.151 4.67 5..19 -1.74 3.94 4.15 3.42 3.53 3.63 5.1 1 5.49 5.L11 Section lb. ChAd Carc• I'i.-ogr;um - VU11-I.11n4` ('I.` hrs.) Engineering Aide $8.53 Library Assistant 6.54 'P.it1c Clerk II 5LAStep L 5L:1�1 C Child Care Center. Director $1.1.01.00 $11.80.00 $1259.00 Child Care Instructor II 866.00 945.00 1022.00 Child Care Bookkeeper 787.00 866.00 945.00 Child Care Instructor. I 629.00 708.00 787.00 Section 2. Full. -Time Equivalents. SL II 'Titl(, St:cp A Senior Engineering Aide $8.53 Library Assistant 6.54 Typist Clerk II 6.40 Typist Clerk 1 5.13 Clerk Cashier I G.25i Clerk 4 .78 •1.33 SL II SCOL C StC I) (i. 83 7.14 7.47 G.GB 6.90 7.32 5.35 5.60 5.85 6.54 6.83 7.1.4 4 . `.;6 4 .78 5.0.1 A G R E E M E N T EXHIBIT "B" THIS AGREEMENT made and entered into this day of , 1982, by and between the CITY OF SAN RAFAEL, hereinafter referred to as "CITY" and the name(s) listed at Attachment B, 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 (MADE) provides the following 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 con- tract 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 August 31, 198 2. EMPLOYEE agrees to perform the services required as set forth in the attached job description designated Exhibit "A" incorporated herein by reference. 3. In consideration of EMPLOYEE performing these services as (Child Care Director) (Child Care Instructor) (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 of City of San Rafael Resolution No. pertaining to the compensation for EMPLOYEE shall be paid twice each month on the business days falling on or nearest the fifteenth (15th) and the final 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. 5. EMPLOYEE will be given leave days which may be used for any purpose approved by his/her supervisor based on the following formula: Accrual rate per month: Beginning second year - 1.166 hours/month Beginning third year - 2.337 hours/month Beginning fourth year - 3.5 hours/month Beginning fifth year - 4.666 hours/month Beginning sixth year - 5.833 hours/month 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 11, Thanksgiving Day, day after Thanksgiving, December 25th. ' 8. 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. 9. CITY may terminate this employment agreement, at its option, on the occurrence of any one of the following events: - 2 - (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) 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) weeks written notice of termination. (c) Commission or ommission by EMPLOYEE of an act or acts constituting good cause for suspension or termination. See City of San Rafael Personnel Rules and Regulations, Chapter 12, in total, which shall apply in every case wherein suspen- sion, termination or appeal is at issue. 10. Not withstanding 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 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 evalu- ations shall be written at least annually. 11. Incorporation of these portions of the Rules is for ease and simplicity and in no way implies incorpor- ation of the remainder of the body of those Rules. 12. 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 APPROVED AS TO FORM: CITY ATTORNEY 97 A/29 - 4 CITY OF SAN RAFAEL ROBERT F. BEYER, City Manager EMPLOYEE