HomeMy WebLinkAboutHR SEIU Child Care Unit MOU 2016-19MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SEW Local 1021 - Child Care Unit
November 1, 2016 through October 31, 2019
TABLE OF CONTENTS
1
GENERAL PROVISIONS......................................................................................................................1
1.1
INTRODUCTION........................................................................................................................................... 1
1.1.1
Scope of Agreement...............................................................................................................................1
1.1.2
Term of MOU............................................................................................................................................1
1.2
RECOGNITION.............................................................................................................................................1
1.2.1
Bargaining Unit........................................................................................................................................1
1.2.2
Classification Specification..................................................................................................................... l
1.2.3
Notice to Employees...............................................................................................................................1
1.2.4
Orientation Letters...................................................................................................................................2
1.3
NON-DISCRIMINATION................................................................................................................................2
1.3.1
In General.................................................................................................................................................2
1.3.2
Union Discrimination............................................................................................................................... 2
1.4
INSPECTION OF MEMORANDUM OF UNDERSTANDING...............................................................................2
1.5
EXISTING LAWS, REGULATIONS & POLICIES............................................................................................2
1.6
STRIKES & LOCKOUTS..............................................................................................................................2
1.7
SEVERABILITY............................................................................................................................................2
1.8
PREVAILING RIGHTS..................................................................................................................................2
1.9
FULL UNDERSTANDING, MODIFICATION, WAIVER....................................................................................3
1.9.1
Understanding..........................................................................................................................................3
1.9.2
Waiver & Modification.............................................................................................................................3
2
MMBA...........................................................................................................................................................3
2.1
UNION RIGHTS...........................................................................................................................................3
2.1.1
Union Stewards Designation..................................................................................................................3
2.1.2
Bulletin Boards.........................................................................................................................................3
2.2
DUES DEDUCTION......................................................................................................................................3
2.2.1
Collection of Dues...................................................................................................................................3
2.2.2
Dues Collection during Separation from Employment.......................................................................4
2.2.3
Agency Shop............................................................................................................................................4
2.3
MANAGEMENT RIGHTS..............................................................................................................................4
2.4
COMMENCEMENT OF NEGOTIATIONS........................................................................................................ 5
3
COMPENSATION....................................................................................................................................6
3.1
GENERAL WAGE INCREASE......................................................................................................................6
3.2
ONE-TIME EXPEDITED BARGAINING PAYMENT.........................................................................................6
3.3
STEP INCREASES....................................................................................................................................... 6
3.4
MERIT INCREASES.....................................................................................................................................6
3.5
SPECIFIED WAGE ADJUSTMENTS I DIFFERENTIALS.................................................................................6
3.5.1
Salary Range Differentials......................................................................................................................6
3.5.2
Split Shift Pay Differential.......................................................................................................................7
3.6
ADDITIONAL PAY........................................................................................................................................7
3.6.1
Educational Reimbursement..................................................................................................................7
4
BENEFITS..................................................................................................................................................7
4.1
EMPLOYEE BENEFITS COMMITTEE............................................................................................................7
4.2
HEALTH & WELFARE.................................................................................................................................7
4.2.1
Full Flex Cafeteria Plan..........................................................................................................................7
4.2.2
Life Insurance...........................................................................................................................................8
4.2.3
Long Term Disability Policy....................................................................................................................8
4.2.4
Retirees Health Insurance......................................................................................................................8
4.2.5
Pro Rata Benefit Rules........................................................................................................................... 9
4.2.6
Health and Dependent Care Spending Accounts...............................................................................9
4.2.7
Health Insurance Providers..................................................................................................................10
4.3
DENTAL PLAN........................................................................................................................................ 10
4.4
VISION PLAN......................................................................................................................................... 10
4.5
RETIREMENT CONTRIBUTION...................................................................................................................
10
4.5.1
Eligibility..................................................................................................................................................10
4.5.2
City Paid Employee Retirement (City Paid Member Contribution).................................................10
4.5.3
Retirement Plans...................................................................................................................................
11
4.5.4
Member Cost of Living Rates..............................................................................................................11
4.6
DEFERRED COMPENSATION PLAN..........................................................................................................
11
4.7
STATE DISABILITY INSURANCE (SDI).....................................................................................................
11
5
LEAVES.....................................................................................................................................................12
5.1
SICK LEAVE..............................................................................................................................................
12
5.1.1
Eligibility..................................................................................................................................................12
5.1.2
Sick Leave Accrual.................................................................................................................................
12
5.1.3
Use of Sick Leave..................................................................................................................................12
5.1.4
Advance of Sick Leave.........................................................................................................................13
5.1.5
Service Credit for Sick Leave..............................................................................................................13
5.1.6
Compensation for Unused Portion......................................................................................................13
5.2
VACATION LEAVE.....................................................................................................................................
13
5.2.1
Eligibility..................................................................................................................................................13
5.2.2
Rate of Accrual......................................................................................................................................13
5.2.3
Administration of Vacation Leave.........................................................................................................14
5.2.4
Vacation Cash-In...................................................................................................................................14
5.3
HOLIDAYS.................................................................................................................................................14
5.3.1
Paid Holidays.........................................................................................................................................14
5.4
OTHER LEAVE..........................................................................................................................................
15
5.4.1
Bereavement Leave..............................................................................................................................15
5.4.2
Jury Duty.................................................................................................................................................15
5.4.3
Military Leave.........................................................................................................................................15
5.4.4
Leave of Absence Without Pay...........................................................................................................15
5.4.5
Industrial Injury Leave...........................................................................................................................16
5.4.6
Family Medical Leave...........................................................................................................................16
5.4.7
Catastrophic Leave...............................................................................................................................16
6
TERMS & CONDITIONS OF EMPLOYMENT.............................................................................16
6.1
HOURS OF WORK.....................................................................................................................................
16
6.2
STAFF DEVELOPMENT/ TRAINING DAYS................................................................................................
17
6.3
OVERTIME................................................................................................................................................
17
6.4
COMPENSATORY TIME POLICY................................................................................................................
17
6.4.1
Accrual Limit...........................................................................................................................................17
6.4.2
Overtime Rate........................................................................................................................................17
6.4.3
Use & Carry Over..................................................................................................................................17
6.5
PROBATION..............................................................................................................................................
17
6.6
TEMPORARY PROMOTIONS......................................................................................................................
17
6.7
PERSONNEL RULES & REGULATIONS.....................................................................................................
18
6.7.1
Harassment Policy.................................................................................................................................18
6.7.2
Drug & Alcohol Policy...........................................................................................................................18
6.8
MISCELLANEOUS.....................................................................................................................................
18
6.8.1
CPR/First Aid Training........................................................................................................................18
6.8.2
Gratuities/ Solicitation of Contributions.............................................................................................18
6.8.3
Labor/ Management Meetings............................................................................................................18
6.8.4
Child Care Division Employee Program Discount............................................................................18
7
PROCEDURES........................................................................................................................................19
7.1
DISCIPLINARY ACTION.............................................................................................................................
19
7.1.1
Right to Discipline & Discharge...........................................................................................................19
7.1.2
Preliminary Notice.................................................................................................................................19
7.1.3
Disciplinary Action and Appeal............................................................................................................19
7.2
GRIEVANCE PROCEDURE........................................................................................................................20
7.2.1
Definition.................................................................................................................................................
20
7.2.2
Procedure...............................................................................................................................................
20
7.2.3
Arbitration................................................................................................................................................21
7.2.4
General Provisions................................................................................................................................21
7.3
VOLUNTARY TIME OFF(VTO).................................................................................................................22
7.4
REDUCTION IN FORCE..............................................................................................................................22
7.4.1
Authority..................................................................................................................................................22
7.4.2
Notice......................................................................................................................................................22
7.4.3
Order of Layoff.......................................................................................................................................22
7.4.4
Seniority..................................................................................................................................................22
7.4.5
Bumping Rights......................................................................................................................................22
7.4.6
Transfer Rights......................................................................................................................................22
7.5
RE-EMPLOYMENT....................................................................................................................................23
7.5.1
General Guidelines................................................................................................................................23
7.5.2
Right to Re-Employment......................................................................................................................23
7.5.3
Time Limits.............................................................................................................................................
23
7.5.4
Availability...............................................................................................................................................23
7.5.5
Probationary Status...............................................................................................................................23
7.5.6
Restoration of Benefits.........................................................................................................................23
LIST OF EXHIBITS
Exhibit A Salary Schedule for November 1, 2016 — October 31, 2019
m
MEMORANDUM OF UNDERSTANDING
between the
CITY OF SAN RAFAEL and
SEIU LOCAL 1021 — CHILD CARE
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, 2016 and ending October 31, 2019.
1 GENERAL PROVISIONS
1.1 INTRODUCTION
1.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon
by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and
the Service Employees International Union (SEIU) Local 1021 (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 of MOU
This agreement shall be in effect from November 1, 2016 through October 31, 2019.
1.2 RECOGNITION
1.2.1 Bargaining Unit
The City hereby recognizes the Union as bargaining representative for the purpose of establishing
salaries, hours, fringe benefits and working conditions for all employees within the Child Care
Bargaining Unit (see Exhibit A attached)
1.2.2 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.
1.2.3 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, the City shall notify such
person that the Union is the recognized bargaining representative for employees in that classification.
The City shall provide contact information for SEIU representatives to new employees in union -covered
positions and will allow a union representative to meet with the new employee(s) for up to 10 minutes at
a time mutually convenient to the departments and the employees. Such meeting time will be subject
to supervisor approval.
1.2.4 Orientation Letters
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.
1.3 NON-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 orientation,
perceived sexual orientation, gender, gender expression, gender identity, marital status, medical
condition (cancer -related or gender characteristics), genetic information (including family medical
history) or physical or mental disability. Any employee alleging such discrimination should use the
internal administrative process explained in the City of San Rafael's Policy Against Harassment,
Discrimination and Retaliation to redress the situation. Such employees shall be entitled to Union
representation but are not entitled to seek redress using the grievance procedure of this MOU.
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 the Union.
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.
1.5 EXISTING LAWS, REGULATIONS & POLICIES
This agreement is subject to all applicable laws of the State of California, ordinances, regulations, and
policies of the City of San Rafael.
1.6 STRIKES & 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, and may be amended from time to time.
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.
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.
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER
1.9.1 Understanding
The parties jointly represent to the City Council that this Memorandum of Understanding set forth the
full and entire understanding of the parties regarding the matters set forth herein.
1.9.2 Waiver & Modification
Except as specifically otherwise provided herein, it is agreed and understood that each party hereto
voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to meet and
confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during
the period of the term of this Memorandum.
The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the
term of this Agreement with respect to any subject matter within the scope of meeting and conferring by
mutual agreement.
2 MMBA
2.1 UNION RIGHTS
2. 1.1 Union Stewards Designation
The Union shall, by written notice to the City Manager, designate certain 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.
2.1.2 Bulletin Boards
Authorized representatives of the Union shall be allowed to post Union notices on specified bulletin
boards maintained on City premises.
2.2 DUES DEDUCTION
2.2.1 Collection of Dues
The City agrees, upon written consent of the employee involved, to deduct dues and, upon written
consent of the employee involved, to deduct voluntary union deductions selected by members, 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 and their respective dues and voluntary deductions.
The Union bears responsibility for allocating dues and voluntary deductions pursuant to employees'
requests.
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.
2.2.2 Dues Collection during Separation from Employment
The provisions specified above (Section 2.2.1.) 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.
2.2.3 Agency Shop
The parties hereto recognize that within the Agency shop provisions of this agreement, unit employees
may opt to join the union or register as a fee payer during the first thirty (30) days of their employment.
Neither the City nor the Union will discriminate against any employee because of the exercise of their
statutory rights. The Union agrees to its obligation to represent all of the employees in the unit fairly
and equally, without regard to their membership in the Union.
Therefore, effective August 1, 1992, any employee of the City as of August 1, 1992, who is a member
of the Union on August 1, 1992, or who subsequently joins, and all employees in the Unit hired on or
after that date or who do not make application for membership within thirty (30) days of the effective
date of this Section or thirty (30) days of the commencement of assigned duties shall, as a condition of
continued employment, either be required to belong to the Union or to pay to the Union an amount
equal to a fair share percentage of that which would be paid by an employee who decides to become a
member of the Union at the time of employment, as a condition of employment, shall pay an agency fee
to the Union. If an employee does not make application for membership within the prescribed time, the
employee shall be notified by the City or Union that he or she is required by the collective bargaining
Agreement to pay an agency fee to the Union. To accomplish that, the employee will be asked to
prepare an application card. If the employee refuses to complete an application card, the default option
shall be an automatic enrollment as an agency fee payer. The City shall deduct the agency fee from
that employee's paycheck.
Note: The Union is obligated to annually inform the City of the fair share amount.
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.
2.3 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:
1. To manage the City generally and to determine the issues of policy;
2. To determine the existence of facts which are the basis of the management decision;
3. To determine the necessity of any organization or any service or activity conducted by the City
and expand or diminish services;
4. To determine the nature, manner, means, technology and extent of services to be provided to
the public;
5. Methods of financing;
6. Types of equipment or technology to be used;
7. To determine and/or change the facilities, methods, technology, means and size of the work
force by which the City operations are to be conducted;
8. 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;
9. 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;
10. To relieve employees from duties for lack of work or other legitimate reasons;
11. 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 MOU;
12. To determine job classifications and to reclassify employees;
13. To hire, transfer, promote and demote employees in accordance with this Memorandum of
Understanding and the City's Rules and Regulations;
14. To determine policies, procedures and standards for selection, training and promotion of
employees;
15. 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;
16. To maintain order and efficiency in its facilities and operations;
17. 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;
18. To take any and all necessary action to carry out the mission of the City in emergencies.
The City and the Union agree and understand that if, in the exercise of any of the rights set forth above,
the effect of said exercise of rights by the City impacts an area within the scope of representation as set
forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall
have the duty to meet and confer with the Union regarding the impact of its decision/exercise of rights.
2.4 COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than three (3) months before the
expiration date of this MOU, regarding the terms and conditions applicable to successor MOUs. The
process will be initiated by the Union through the submittal of potential meeting dates.
3 COMPENSATION
3.1 GENERAL WAGE INCREASE
Effective upon City Council adoption of this MOU, a new Step E will be implemented at 5% above the
current Step D in the salary schedule for all job classifications in this bargaining group. Employees are
eligible to advance to Step E on their anniversary date after having spent at least two years at Step D.
Employees who are eligible for advancement to the new Step E in 2017 shall advance as follows:
• Employees hired before January 1, 2000, who have been at step D for at least 2 years, will
advance to Step E effective the first full pay period following Council adoption of this new
agreement;
• Employees hired on or after January 1, 2000, who have been at step D for at least 2 years, will
advance to Step E effective the first full pay period in July 2017.
• Effective the first full pay period in November 2018, the City will increase base wages for all
employees by 1.0%.
3.2 ONE-TIME EXPEDITED BARGAINING PAYMENT
The following one-time payment is limited to the three years cited in this agreement and is not
scheduled to recur in the future:
Full-time employees represented by the bargaining group will receive a one-time Expedited Bargaining
Payment in the amount of $2,500, split as follows: $1,000 will be paid upon City Council adoption of
the MOU, $500 will be paid in the first pay check in December of 2017 and $1,000 will be paid in the
first pay check in December of 2018. Part-time employees will receive the one-time payment on a pro-
rated basis on the same schedule identified. This one-time payment will not contribute to employees'
pensions and is subject to normal payroll taxation.
3.3 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.
Employees are eligible to advance to Step E on their anniversary date after having spent at least two
years at Step D.
3.4 MERIT INCREASES
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.
3.5 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
3.5.1 Salary Range Differentials
A 12.5% salary range differential between top step Instructor II and beginning step of Director and
create an 11% salary range differential between top step Instructor I and beginning step of Instructor II.
3.5.2 Split Shift Pay Differential
Child Care workers covered by this MOU who have a two-hour or more break in shifts during the same
day will receive a .5 hour premium pay for that day.
3.6 ADDITIONAL PAY
3.6.1 Educational Reimbursement
An Educational Reimbursement Program is available to employees for courses that are: job related,
assist the employee in meeting State licensing requirements and/or prepare the employee for career
advancement in the child care field.
The reimbursement may not exceed 75% for the cost of the course, up to $300 per fiscal year
maximum. The Educational Reimbursement Program also includes an additional reimbursement of up
to $60 per fiscal year for professional membership dues for work-related organizations for employees.
To be eligible to receive reimbursement under this program the employee must:
a. submit a written request and receive prior approval from the Recreation Supervisor for the Child
Care Program
b. be regularly scheduled to work 20 hours or more per week
c. have completed initial probation before reimbursement is received; and
d. satisfactorily complete the course.
4 BENEFITS
4.1 EMPLOYEE BENEFITS COMMITTEE
Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of benefit
programs, cost containment and cost savings options. The Committee shall be made up of
representatives of SEIU, SEIU-Child Care, Association of Professional Employees (WCE), Local 1 -
Confidential, Police, Police Mid -Management, Fire, Fire Chief Officers, Mid -Management and
Management employees.
4.2 HEALTH & WELFARE
4.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010, the City implemented a full flex cafeteria plan (known as the Flexible Benefits
Plan) for active employees, in accordance with IRS Code Section 125. Active employees participating in
the City's full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under
the full flex cafeteria plan.
The monthly flex dollar allowance effective December 15. 2016 is:
For employee only: $ 745.00
For employee and one dependent: $ 1,056.00
For employee and two or more dependents: $ 1,083.00
NOTE: For part time employee flex dollar allowances, see Section 4.2.3.
The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act
(PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex
dollar allowance is identified as the City's contribution towards PEMHCA. The balance of the monthly
flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the
terms of the cafeteria plan to purchase health insurance coverage or may be converted to taxable
income.
Flex dollar allowances for the Employee +1 and Family level contribution shall increase on the December
15th paycheck of each year up to a maximum of three percent (3%) on an annual basis, based on but not
to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.
Conditional Opt -Out Payment: An employee may elect to waive the City's health insurance coverage
and receive $300 in monthly Opt -Out payment in accordance with the terms of the cafeteria plan and
Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee's tax
family for whom coverage is waived, have alternative Minimum Essential Coverage
as defined by the Patient Protection and Affordable Care Act through a provider
other than a federal marketplace, a state exchange, or an individual policy.
2) During the City's annual open enrollment period, the employee must complete an
annual written attestation confirming that the employee and the other members of the
employee's tax family are enrolled in alternative Minimum Essential Coverage. The
employee agrees to notify the City no later than 30 days if the employee or other
member(s) of the employee's tax family lose coverage under the alternative
Minimum Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop
conditional opt -out payments if the City learns that the employee and/or members of
the employee's family do not have the alternative Minimal Essential Coverage.
The City reserves the right to modify at any time, the amount an employee is eligible to receive under
this paragraph, if required by IRS Cafeteria Plan regulations.
4.2.2 Life Insurance
Effective January 1, 2010, the City shall be responsible for paying premiums for a life insurance and
Accidental Death and Dismemberment (AD&D) policy for each employee. The life and AD&D policy
shall provide a $5,000 life insurance and a $5,000 AD&D benefit. The City shall also make available a
voluntary life insurance program at employee expense.
4.2.3 Long Term Disability Policy
Effective January 1, 2010, the City shall be responsible for paying premiums for a Long Term Disability
Policy for each employee that satisfies the eligibility provisions of the long term disability policy. The
Long Term Disability policy shall provide for salary replacement of 66.67% of an individual's salary up
to a maximum disability benefit of $1,000 per month.
4.2.4 Retirees Health Insurance
Employees represented by the Union who retire from the Marin County Employees' Retirement
Association (MCERA) within 120 days of leaving their City of San Rafael position (and who comply with
the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in
the City's retiree group health insurance program offered through PEMHCA. The City's contribution
towards retiree coverage shall be the PEMHCA minimum contribution as determined by CaIPERS on
an annual basis.
a. Longevity Payment for Employees hired on or before January 1, 2010
The City shall make a monthly longevity payment into a Retiree Healthcare Reimbursement
Trust (Retiree HRA Trust) on behalf of employees hired before January 1, 2010 and who
retire from the City of San Rafael as described in this Section. The City's monthly
contribution to the Retiree HRA trust shall not exceed $543 per month. The City's
contribution towards a retiree's Retiree HRA Trust account shall continue for the lifetime of
the retiree and retiree's spouse, in accordance with PEMHCA eligibility provisions for
coverage.
b. Employees hired on or after January 1, 2010 and who meet the eligibility requirements for
retiree health insurance are eligible to continue in the City's group health insurance
program. The City's maximum contribution towards retiree coverage under this subsection,
3.1.5 B, shall be the PEMHCA minimum contribution as determined by CalPERS on an
annual basis. The City shall not be responsible for making any contributions towards the
cost of coverage of the retiree's spouse, registered domestic partner, or dependents upon
the employee's retirement from the City in excess of the PEMHCA minimum contribution as
required by CalPERS.
The City shall additionally make available a retiree health care trust to enable these
employees hired on or after January 1, 2010 to prefund retiree health care premiums while
employed by the City. The retiree health care trust shall be funded by annual conversion of
50 hours of sick time in service on July 1 of each year, provided an employee has a
remaining balance of 75 hours of sick leave after the conversion.
4.2.5 Pro Rata Benefit Rules
Employees covered by this Agreement who work less than full time but more than twenty (20) hours per
week on a regular basis shall be eligible to receive: a) pro -rated leave benefits; b) a pro -rated share of
the monthly dollar contribution made by the city to be used for enrollment in city offered group health,
life, and long term disability insurance plans which the employee may be eligible for based upon the
regular hours the employee works, and c) pro -rated share shall be equivalent to the part time employee
position's ratio of hours worked to full time equivalency.
For those part time employees hired prior to January 1, 2010, the flex dollar allowance shall be pro-
rated based off of $909 per month. For those electing "Employee Only" coverage, the maximum benefit
for these part time employees shall be $650 per month.
4.2.6 Health and Dependent Care Spending Accounts
City will offer Flexible Spending Accounts as part of its Section 125 Plan for as long as such a plan is
desired by the Union and available under the IRS Code. The Flexible Spending Accounts offered by the
City include:
a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS
Code, up to the IRS Code limit. Employees are responsible to pay the monthly administrative
fee and any increase established by the third party administrator.
b. Dependent Care Spending Accounts: Dependent care expenses that qualify under the IRS
Code, up to the IRS Code limit. Employees are responsible to pay the monthly administrative
fee and any increase established by the third party administrator.
c. Premium Only Plan: Employee's share of medical insurance premiums shall be deducted from
employee's pay with pre-tax dollars as long as such deduction is allowable under the applicable
IRS Code.
City shall establish annual enrollment period and each employee must re -enroll annually for either plan
noted in a. and/or b. City shall have the authority to implement changes to the 125 Programs to comply
with changes in applicable IRS laws without having to go through the meet and confer process.
4.2.7 Health Insurance Providers
The City shall have the option, after meeting and consulting with representatives of the Union Stewards'
Council, of either contracting with the Public Employees Retirement System (PERS) Health Benefits
Division for health insurance or contracting directly with some or all of the providers of health insurance
under the PERS program; provided, however, contracting directly with the providers shall not cause any
material reduction in insurance benefits from those benefits available under the PERS program.
4.3 DENTAL PLAN
The City will provide a dental insurance program for all full-time and part-time, permanent employees
regularly scheduled to work a minimum of 20 hours per week.
All employees enrolled in the dental insurance program will be enrolled in the subgroup that provides
$1,500 maximum benefit for one Dental Expense Period for all covered dental expenses, for all eligible
enrollees, except for Orthodontic Treatment which has an aggregate maximum benefit (lifetime) of
$1,000 and is limited to eligible dependent children. The City will pay the full cost of the monthly dental
insurance premium for full-time employees, including those with a 35 -hour full-time position. For the
eligible part-time, permanent employees enrolling in the City's group dental insurance program, the City
will pay the first $70 per month of the actual premium rate for the eligible part-time, permanent
employees and the enrolled employee will be responsible through payroll deduction for the balance of
the monthly premium. In the event of an increase in the dental insurance premium, the City payment of
eligible part-time, permanent employees shall be increased to maintain the same dollar differential
between full-time and part-time. The plan shall cover enrollment for eligible employees and their eligible
dependents. Refer to the dental insurance policy booklet for eligibility requirements and specific
coverage and other benefit limitations.
4.4 Vism PLAN
The City will provide vision care benefits for employee only coverage. Employees may enroll qualified
family members and pay the premium costs for such enrollment.
4.5 RETIREMENT CONTRIBUTION
4.5.1 Eligibility
All employees whose full-time equivalency (FTE) is % of a full-time equivalent in their classification shall
be eligible members of the Marin County Retirement Association. Employee rates shall be set
according to MCERA policy. 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.
4.5.2 City Paid Employee Retirement (City Paid Member Contribution)
Bargaining unit, members shall pay the full share of the employee's contribution to the Marin County
Retirement System. The employee's share of their contribution shall be paid by the employee through
automatic payroll deductions. Effective when feasible in accordance with MCERA and City
administrative requirements, all unit employees will pay an additional contribution of one percent (1%)
of pensionable compensation toward the normal cost of pension provided by the Marin County
Employees Retirement Association, in addition to the current employee contribution towards pension as
determined by MCERA.
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The City of San Rafael acknowledges that under its current practice, the employees' share of their
retirement contribution is deducted with pre-tax dollars. This practice will continue until changed
through the Meet and Confer process or until IRS regulations change.
4.5.3 Retirement Plans
On January 1, 2007, the City shall provide the Marin County Employee Retirement Association 2.7% at
55 -retirement program to all eligible miscellaneous members, as defined under the 1937 Act
Government Code Section 31676, subject to Marin County Employee Retirement Association
procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an
employee's single highest year of compensation.
Employees hired on or after January 1, 2012, will receive an MCERA retirement benefit at the formula
2% at 55, calculated based on the average of their highest three years of compensation, in accordance
with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum
retirement age is 55.
Employees hired by the City on or after January 1, 2013 who are defined as "new members" of MCERA
in accordance with the Public Employees' Pension Reform Act (PEPRA) of 2013, shall be enrolled in
the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the
employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a
payroll deduction. Final compensation will be based upon the highest annual average compensation
earnable during the thirty-six (36) consecutive months of employment immediately preceding the
effective date of his or her retirement or some other period designated by the retiring employee.
(Sections 4.5.3, 4.5.4, 4.5.5)
4.5.4 Member Cost of Living Rates
Effective January 1, 2007, bargaining unit members who are eligible to participate in the Marin County
Employee Retirement Association will pay their full share of members' cost of living rates as allowed
under Articles 6 and 6.8 of the 1937 Retirement Act. Contribution rates include both the basic and
COLA portions (50% of COLA is charged to members as defined in the 1937 Act).
4.6 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.
4.7 STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically deducted from their
paycheck 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, within HIPAA
guidelines, and eligibility for SDI. With this notification, SDI benefits, as determined by the State, shall
be integrated with accrued sick and vacation leave in the following manner:
a. Employee notifies supervisor of disability and need for time off. At the same time employee files
for SDI through the State Office.
b. 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.
c. Personnel Action Report (PAR) is completed by the supervisor to document request and
approval of extended leave.
d. Human Resources Department, on receipt of the PAR, contacts employee and supervisor to
discuss availability of coordination of SDI with leave benefits.
e. Employee's time off is recorded as sick leave and then, if necessary, vacation leave on time
cards submitted by the supervisor to the Payroll Office.
f. Upon receipt of the SDI payments, the employee must endorse the payments over to the City of
San Rafael to receive credit for leave taken.
g. Based upon the employee's hourly rate of pay, the Payroll Office computes how much used sick
and/or vacation leave time the employee will be credited and credits the employee with those
hours. NOTE: The employee may not be credited more than they accrued at or during the time
of the disability.
h. The Human Resources Department, after notification from Payroll, notifies the employee when
they have used all accrued sick and/or vacation time and when leave without pay status
(LWOP) begins. Once the employee is on LWOP, they would keep any SDI payments received
and would be fully responsible for the monthly health, dental and life insurance premiums
(except during qualifying FMLA/CFRA leave) if they choose to remain in the group plans.
S LEAVES
5.1 SICK LEAVE
5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave shall not be considered 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 Director 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 to provide 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.
5.1.2 Sick Leave Accrual
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).
5.1.3 Use of Sick Leave
An employee may use accrued sick leave during their probationary period. An employee eligible for
sick leave with pay shall be granted such leave for the following reasons:
1. Personal illness or illness within the immediate family (as defined by the CAL -PERS health
insurance regulations, including but not limited to the employee's spouse, registered domestic
partner, unmarried children, including adopted child, stepchild or recognized natural child who
lives with the employee in a regular parent-child relationship, parent, including in-laws, and
grandparents), or for any 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 that cannot be scheduled during non -working hours.
E)
5.1.4 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.
5.1.5 Service Credit for Sick Leave
Employees retiring from city service, within 120 days of leaving their position (excludes deferred
retirements), and who will be receiving an ongoing retirement annuity from the Marin County Employees'
Retirement System can receive service credit for retirement purposes only, for all hours of accrued,
unused sick leave (exclusive of any sick leave hours they are eligible to receive and which they elect to
receive in the form of compensation for at the time of retirement pursuant to Section 5.1.6 Compensation
for Unused Portion.
Employees hired on or after October 31, 2009 are not eligible to receive employment service credit of
any accrued, unused sick leave for retirement purposes.
5.1.6 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 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.
See Section 5.1.5 above for service credit eligibility for unused portion of sick leave.
5.2 VACATION LEAVE
5.2.1 Eligibility
Annual vacation with pay shall be granted to eligible employees. Vacation accrual shall be prorated for
those employees working less than full time. Vacation leave does not accrue to those working in the
Child Care Temporary class. Vacation benefits may be taken as accrued and provided in Section
5.2.2. below. Probationary employees may take accrued vacation if authorized by the Department
Director and approved by the City Manager.
5.2.2 Rate of Accrual
Vacation 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 Director and City Manager. Eligible employees shall commence to accrue vacation
at the following rate for continuous service: Each service year on the chart begins in the first working
day and ends on the last day of the service year.
SERVICE YEAR ANNUAL ACCRUAL
10 days
2 10 days
3 10 days
4 15 days
13
5
15.75
days
6
16.50
days
7
17.25
days
8
18.00
days
9
18.75
days
10
19.50
days
11
20.00
days
12
21.00
days
13
22.00
days
14
23.00
days
15
24.00
days
16 plus
25.00
days
Note: Vacation 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 (10) six -hour vacation days.
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance vacation
credits to any permanent regular and permanent part-time 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 Director 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.
The vacation accrual cap for all employees accruing vacation shall be 250 hours.
5.2.4 Vacation Cash -In
An employee who has taken at least ten (10) days of vacation in the preceding twelve (12) months may
request, in May or November in any fiscal year, that accrued vacation, not to exceed seven (7) days, be
converted to cash payments and the request may be granted at the discretion of the City Manager.
Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period.
5.3 HOLIDAYS
5.3.1 Paid Holidays
Employees shall be granted the following holidays:
January 1S`
The third Monday in January
The third Monday in February
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
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March 31"
The last Monday in May
July 4'h
The first Monday in September
November 11th
The fourth Thursday in November
The fourth Friday in November
December 25'h
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
At the discretion of the Recreation Supervisor for the Child Care Program, the celebrated City holidays,
noted above, will be coordinated with the public schools served by the Child Care Centers and/or those
holidays falling on a Saturday or Sunday will be observed on either the Friday before or the Monday
after pursuant to the City's annual holiday schedule. Part-time employees will be paid for holidays on a
pro -rated basis.
5.4 OTHER LEAVE
5.4.1 Bereavement Leave
In the event of the death of an employee's spouse, child, parent, brother, sister, registered domestic
partner, grandchild, grandparent, in-laws, relative who lives or has lived in the home of the employee to
such an extent that the relative was considered a member of the immediate family and/or another
individual who has a legal familial relationship to the employee and resided in the employee's
household, up to three (3) days within the State and up to five (5) days out-of-state may 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 this
to the Department Director as part of the request for bereavement leave.
5.4.2 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.
5.4.3 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 Director an opportunity, within the limits of military regulations, to determine when
such leave shall be taken.
5.4.4 Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the written request of the
employee and the recommendation of the Child Care Recreation Supervisor. Accrued vacation leave
and if applicable, accrued sick leave, must be exhausted prior to the granting of leave without pay.
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5.4.5 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 Human Resources
Department coordinates benefits for Workers' Compensation claims. For further information, see the
City's Workers' Compensation policy located on the Intranet(https:Hintranet.cityofsanrafael.org).
Employees of the City who have suffered any disability arising out of and in the course of their
employment as defined by the Worker's Compensation Insurance and Safety Act of the State of
California, are entitled to all benefits allowed them by the Worker's Compensation Insurance and Safety
Act of the State of California.
Temporary disability payments (TD) are made to all employees (full and part-time) when a physician
reports an employee is unable to perform their job duties due to an industrial injury and the City cannot
accommodate the restrictions mandated by their physician. TD is set by State law and is approximately
two-thirds of full salary with state -mandated minimums and maximums. For full-time, regular
employees, however, the City augments TD payments with salary continuation, as follows:
Compensation leave payments shall not exceed the employee's regular full pay for the first three 3)
calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months.
Sick Leave Usage Post Industrial Injury/Illness:
The following rule applies to employees who have an accepted industrial injury/illness: Available
accrued sick leave cannot be used for more than 60 calendar days after one of the following has been
determined:
• The employee has reached maximum medical improvement and/or has been determined
"permanent and stationary."
• The employee has been determined to be unable to return to their usual and customary
occupation, with our without reasonable accommodation.
Given the above has occurred, next steps would include:
• The interactive process; attempt to locate other appropriate employment within the City
• If none available, proceed with termination process, including disability retirement application
and/or Skelly process, if appropriate.
5.4.6 Family Medical Leave
Union members agree to adhere to the provisions of the City's Family Medical Leave Policy which is
available on the City's Intranet Website.
5.4.7 Catastrophic Leave
Catastrophic Leave shall be in accordance with City Catastrophic Leave Policy which is available on
the City's Intranet website.
6 TERMS & CONDITIONS OF EMPLOYMENT
6.1 HOURS OF WORK
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.
Within the hours of operation, changes in the days or hours of the regular work schedule of an
employee shall be posted at least seven (7) days in advance. No advance notice to employees by the
City of schedule changes will be required when changes occur as a result of work related emergencies,
16
i.e., multiple sicknesses, disabilities or injuries; or staff shortage occurring less than seven days in
advance or due to unplanned changes in school operations or schedules beyond the control of the City.
6.2 STAFF DEVELOPMENT/ TRAINING 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 Recreation Supervisor for the Child Care
Program.
6.3 OVERTIME
Overtime shall mean actual time worked beyond the standard scheduled workday or work week used
for full-time employees as defined per job classification. A work or duty week shall be defined as seven
(7) consecutive calendar days, beginning 0001 hours Sunday through 2400 hours Saturday.
Overtime is compensable to the nearest half-hour, and must have prior authorization and approval of
the Department Director.
6.4 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be taken
subject to the following rules:
6.4.1 Accrual Limit
Upon accrual of time, five (5) days or forty (40) hours of compensatory time, employees 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.
6.4.2 Overtime Rate
Employees who work overtime must be paid 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 6.4.1. Employees who
elect compensatory time must take the time off, preferably within the quarter during which it was
earned.
6.4.3 Use & Carry Over
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 Director,
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).
6.5 PROBATION
All employees hired on or after January 16, 1986, shall be required to serve a probationary period of
one (1) year and shall serve a one year promotional probationary period when appointed to a higher job
classification.
6.6 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.
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6.7 PERSONNEL RULES & REGULATIONS
6.7.1 Harassment Policy
It is the City's intent and purpose to provide all officials, employees, applicants, and contractors with an
environment that is free from any form of harassment, discrimination or retaliation. Employees shall
refer to the City Policy against Harassment, Discrimination and Retaliation which is available on the
City's Intranet website.
6.7.2 Drug & Alcohol Policy
The employees covered by this bargaining agreement agree to abide, as a condition of employment, by
the terms of the City's Drug Free Work Place Policy which is available with the City's policies and on
the City's Intranet website.
6.8 MISCELLANEOUS
6.8.1 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.
6.8.2 Gratuities / Solicitation of Contributions
No employee shall receive, request, solicit, or demand gratuities from any citizen or company for
services provided by the City. Such action shall be considered grounds for disciplinary action up to and
including dismissal.
6.8.3 Labor/ Management Meetings
During the term of the Agreement, the City and the Union agree that consultation meetings may
contribute to improved employer-employee relations. Issues relating to the cost of living in Marin
County, job classes within the City and promotional opportunities may serve as a basis for initial
agenda items to be discussed.
The committee shall be comprised of three (3) representatives from the Child Care Unit and three (3)
from City Management as well as the Union staff and the Human Resources Director. The parties
agree that committee members may change depending on the subject matter.
Meetings may be requested by either party. The party requesting the meeting shall submit a proposed
agenda and the receiving party shall acknowledge and confirm the date, time and location of the
requested meeting. It is intended that the subject matter will not include issues subject to Grievance
Procedures outlined in this MOU and this language is not intended to create a re -opener clause in this
MOU.
6.8.4 Child Care Division Employee Program Discount
All Child Care Division staff with children enrolled in any City of San Rafael Child Care Division program
will receive a 50% discount on program fees based on their level of enrollment. All policies regarding
admission and attendance in the Child Care Program will continue to apply to Child Care staff in
accordance with the Child Care Division Parent Handbook and Child Care Staff Handbook.
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7 PROCEDURES
7.1 DISCIPLINARY ACTION
7.1.1 Right to Discipline & Discharge
Upon completion of the designated probationary period, an employee shall be designated as a non -
probationary employee and the City shall have the right to discharge or discipline any such employee
for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as
required or to observe the Department's safety rules and regulations or for engaging during the term of
this Memorandum of Understanding, in strikes, individual or group slowdowns or work stoppages, or for
violating or ordering the violation of the Memorandum of Understanding. The City shall use progressive
disciplinary steps (i.e., reprimand, suspension, demotion, discharge) unless the violation is such as to
justify termination. Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary,
and suspension resulting in loss of pay.
In addition, the City may discipline or discharge an employee for the following: Fraud in securing
appointment; negligence of duty; violation of safety rules; unacceptable attendance record including
tardiness, overstaying lunch or break periods; possession, distribution or under the influence of
alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working
hours; inability, unwillingness, refusal or failure to perform work as assigned, required or directed;
unauthorized soliciting on City property or time; conviction of a felony or conviction of a misdemeanor
involving moral turpitude; unacceptable behavior toward (mistreatment or discourteousness to) the
general public or fellow employees or officers of the City; falsifying employment application materials,
time reports, records, or payroll documents or other City records; misuse of City property; violation of
any of the provisions of these working rules and regulations or departmental rules and regulations;
disorderly conduct, participation in fights, horseplay or brawls; dishonesty or theft; establishment of a
pattern of violations of any City policy or rules and regulations over an extended period of time in which
a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect
would warrant such action; failure to perform an acceptable level of work quality and quantity;
insubordination; other acts inimical to the public service; inability or refusal to provide medical
statement on cause of illness or disability.
7.1.2 Preliminary Notice
A non -probationary employee shall receive a preliminary written notice from the Recreation Supervisor
for the Child Care Program 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 receipt of the notice, the non -probationary employee shall have five (5) days to appeal the matter
in writing in Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall
be imposed until the Department Director has conducted a hearing with the employee and employee's
representative present and has 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/her right to proceed to Step 4 of the
Grievance Procedure.
7.1.3 Disciplinary Action and Appeal
After hearing the response of the employee the Department Director may order that the proposed
disciplinary action or modification thereof be imposed. The decision of the Department Director shall be
final and binding for suspensions of five (5) days or less. For suspensions of more than five (5) days,
19
demotions, reduction in pay, and terminations, thereafter, the employee shall notify the City within ten
(10) days to appeal the matter to Step 4 (Arbitration) of the Grievance Procedure. The matter shall
then proceed in accordance with the Grievance Procedure.
7.2 GRIEVANCE PROCEDURE
7.2.1 Definition
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.
7.2.2 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 Director 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 Director 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.
The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it
appropriate and within ten (10) days, thereafter, respond to the allegations in writing.
Step 4
If the grievance remains unresolved after Step 3, the Union may, by written notice to the City
Human Resources Department within ten (10) days after the receipt of the response in Step 3,
notify the City that the Union wishes to appeal the grievance to final and binding arbitration. The
20
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.
7.2.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by
the parties. The hearing shall be informal and need not be conducted according to technical rules of
evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath.
The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural
matters, and he/she may call, recall and examine witnesses, as he/she deems proper.
The burden of proof shall be upon the Union in grievance matters and upon the City in
disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed
upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon
the City, the Union and any employee(s) involved in the grievance or disciplinary matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any
provision of this Memorandum of Understanding. The arbitrator shall only determine whether a
grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall be, or
in the case of disciplinary/discharge matter whether the City allegations are accurate and the
appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All other
expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be
borne by the requesting party unless there is a mutual agreement to share the cost or unless the
arbitrator so requests. Then the costs will be shared equally.
7.2.4 General Provisions
1. Employees who participate in the Grievance Procedure, by filing a grievance or acting as a
witness on the behalf of either party shall be free from discrimination by either the Union or the
City.
2. A grievant has the right to be represented at each stage of the procedure, to cross examine
witnesses, and have access to all information regarding the basis of the grievance upon which
the City relies in making its determinations.
3. If the City management fails to respond within the specified time limits, the grievance shall, at
the request of the Union, automatically be moved to the next step of the procedure. If the Union
or a grievant fails to process or appeal a grievance within the specified time limits, the matter
shall be deemed settled. The parties may by mutual agreement waive the steps in the
procedure.
4. If a hearing is held during work hours of employee witnesses, such employees shall be released
from duties without loss of pay or benefits to appear at the hearing. Witnesses requested by the
parties shall be compelled to attend said hearings.
5. The Human Resources Department shall act as the central repository for all grievances.
6. Time limits contained herein may be extended by mutual agreement of the parties. Absence for
bona fide reasons by a grievant, the Union Executive Secretary or any management official
involved in responding to the grievance shall automatically extend the time limits by the same
number of days of absence.
7I
7.3 VOLUNTARY TIME OFF (VTO)
An employee may request voluntary time off without pay, in lieu of using accrued vacation and/or sick
leave, for a minimum of one full workday and not to exceed ten (10) working days in any calendar year.
The needs of the City, specifically the Child Care Division will need to be considered prior to approving
a request for VTO.
7.4 REDUCTION IN FORCE
7.4.1 Authority
The Appointing Authority may lay off, without prejudice, any employee covered by this MOU because of
lack of work or funds, or organizational alterations, or for reasons of economy or organizational
efficiency.
7.4.2 Notice
Employees covered by this MOU 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.
7.4.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification, consistent with the licensing
requirements of the California Department of Social Services. A classification is defined as a position
or number of positions having the same title, job description and salary. Extra hire employees shall be
laid off before permanent employees in the affected classification. In effecting the preceding order, a
part-time permanent employee with more seniority can displace a full-time permanent employee.
7.4.4 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:
a. Seniority within the affected classification will be determinative. Such seniority shall include
time served in higher classification (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.
b. If the seniority of two or more employees in the affected classification or higher classifications(s)
is equal, departmental seniority shall be determinative.
c. If all of the above factors are equal, the date regular status in City service is achieved shall be
determinative.
d. If all of the above are equal, date of certification for appointment shall be determinative.
7.4.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level, for which he or
she meets the minimum qualifications 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.
7.4.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be affected by
a reduction in force to another vacant position for which such employee may qualify. The length of
eligibility for such transfer will be the period of notification as provided in Section 7.4.2, but no longer
than the effective date of such layoff or reduction.
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7.5 RE-EMPLOYMENT
7.5.1 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.
7.5.2 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.
7.5.3 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.
7.5.4 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.
7.5.5 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.
7.5.6 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.
SEIU Local 1021 — Child Care
Mic ael Vilo ' presentative
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Ja-Me6dez-,-'Executive Director,
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cia Cerutti-§aylors, Child "Care D�tor
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J,J Fej1'jf( Hallroan, Child Care Director
Gabriela Farias, Child Care Director
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CITY OF SAN RAFAEL
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Jack Hugh6s,'Liebert Cassidy Whitmore
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Sta ey Human Resources Director
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elly Alcht, Senior Recreation Supervisor
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Sylvia onzalez, Hoordinator
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