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HomeMy WebLinkAboutHR MOU SEIU Childcare 2013CITY OF Agenda Item No: 3. d Meeting Date: December 2, 2013 I I r Prepared by: Anil Comelo, or City Manager Approva)qwl�&-(i I I I I I III I I I I I n A 1111 1 1 1 1 1 1 1 11 1 11 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SEIU LOCAL 1021 - CHILDCARE UNIT (NOVEMBER 1, 2013 THROUGH OCTOBER 31,2015) BACKGROUND: Since 2008, the City of San Rafael has had to make significant budget balancing, decisions to deal with the impacts of the national recession. Some of the personnel -related steps taken to help address the City's deficit include work furloughs and/or pay reductions, an early retirement program, a hiring freeze, layoffs and other actions. Employees have participated in concessions for the last four years. These concessions were negotiated and agreed to with the bargaining units in an effort to reduce costs during years of significant budget deficits. For the last two years, the value of the concession equaled a 4% reduction in Total Compensation. The most recent MOUs expired on October 31, 2013. For the past two months, representatives of the City and SEW Childcare unit met in good -faith and worked diligently to negotiate a new labor MOU. Both sides recognized the impact of the recent recession on the City's finances as well as the prior concessions agreed to by City employees. The resulting labor agreement addresses several important issues and does not include a salary increase during this one year agreement. However, the agreement provides a modest increase in benefits. ANALYSIS: The following reflects highlights of the tentative agreement of the City that is consistent with the guidelines authorized by the City Council. 1. Term of the Agreement: Two year term. From November 1, 2013 through October 31, 2015. 2. Salary Increase: There will be no salary increase for job classes represented by this bargaining group during the term of this MOU. 3. Pension- Bargaining group members who receive MCERA pension will increase pension 2 contributions by 1 % of pensionable compensation. This will be off -set by increased City contributions toward medical benefits by the same amount. FOR CITY CLERK ONLY File No.: Council Meeting: 1,�_J Disposition: SAN RAFAEL CITY C("CIL AGENDA REPORT / Pau: 2'- 4. Medical Benefits: Effective the December 15, 2013 paycheck the flex dollar allowances will increase as follows: From To For employees only: $ 667.00 $ 702.00 For employee + 1 $ 945.94 $ 995.00 For family $ 945.94 $17020.00 Effective the December 15, 2014 paycheck the flex dollar allowances will increase as follows - From To For employees only: $ 702.00 $ 723.00 For employee + 1 $ 995.00 $17025.00 For family $11020.00 $17051.00 FISCAL IMPACT: The agreement will result in a Total Compensation increase of approximately 0.6% ($16,000) for the two- year agreement. OPTIONS: • Approve the Resolution to implement the above recommendations. 0 Request changes to the recommendations. • Direct staff to develop alternatives to the recommendations. ACTION REQUIRED: Adopt Resolution as presented. ATTACHMENTS: • Resolution Regarding the Requested Actions. • MOU between City of San Rafael and SEIU Childcare unit for November 1, 2013 to October 31, 2015 • Tentative Agreement between the City of San Rafael and Service Employees International Union (SEIU) Local 1021 Childcare Unit dated November 14, 2013 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SEIU LOCAL 1021 - CHILDCARE UNIT (NOVEMBER 1, 2013 THROUGH OCTOBER 31, 2015) WHEREAS, the CITY has had to make significant budget balancing decisions to deal with the impacts of the national recession; and WHEREAS, the City of San Rafael and representatives of SEIU CHILDCARE UNIT have met and conferred in good faith with regard to wages, hours and working conditions in accordance with the provisions of the Meyers -M i I ias- Brown Act; and WHEREAS, both sides recognize the impact of the recent recession on the City's finances as well as the concessions agreed to by City employees over the past several years; and WHEREAS, the SEIU CHILDCARE UNIT ratified the tentative agreement dated November 14, 2013 on November 21, 2013; and WHEREAS, a Memorandum of Understanding pertaining to the two year period from November 1, 2013 through October 31, 2015 was ratified by SEIU CHILDCARE UNIT on November 21, 2013. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and SEIU CHILDCARE UNIT shall utilize the Memorandum of Understanding for the period beginning November 1, 2013, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by SEIU CHILDCARE UNIT. Section 2: The schedules describing classes of positions and salary ranges are attached to said Memorandum of Understanding and, together with the Memorandum of Understanding itself, are hereby adopted and shall be attached hereto and incorporated in full. 1, Esther C. Beirne, 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 City Council of the City of San Rafael, held on Monday, the 2 nd of December, 2013, by the following vote, to wit: AYES: Councilmembers: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips Esther C. Beirne, City Clerk TENTATIVE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 (CHILDCARE UNIT) RE: SUCCESSOR MEMORANDUM OF UNDERSTANDING November 14,,2013 The following document contains the Tentative Agreement between the City Of San Rafael (hereinafter called "City") and the Service Employees International Union (SEIU) Local 1021 ("Union") (hereinafter collectively called "the parties") on wages, hours and terms and conditions of employment for the Childcare Unit. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Union, and will apply to all workers covered by the Memorandum of Understanding (MOU) between the City and the Union. Upon ratification and adoption, this Agreement will amend the MOU between the parties dated November 1, 2011— October 31, 2013. This amended MOU shall supersede all other Memoranda of Understanding and Agreements between the parties. Any MOU language not amended by this Agreement will remain unchanged. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties. The parties have met and conferred and tentatively agree to the following, subject to ratification of the bargaining unit and adoption by the City Council of San Rafael: FOR THE CITY FOR THE UNION "-i -1 `5 Date: Date: KT Approved: Ratified: Date: Date: TENTATIVE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 (CHILDCARE UNIT11 RE: SUCCESSOR MEMORANDUM OF UNDERSTANDING November 14, 2013 TERM: Two year agreement (November 1, 2013 — October 31, 2015). RESTORE CONCESSIONS: Restore 3.16% salary reduction. No unpaid time off in 2013 and 2014. 3.1 GENERAL WAGE INCREASE Formatted: Font: Not Bold, Underline this Of 6.2 UNPAID TIME OFF of this e-sutqect to fo PENSION COST SHARING: Employees will pay an additional 11 of pensionable compensation toward the normal cost of pension, as follows: 4.5 RETIREMENT CONTRIBUTION 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 Day an additionai contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin, Coun.ty--mplQv-Re-ti-re.m-e-nt -As - socia - t - ion n -_ addition othe --- to - he current employee contribution towards pension as determined by MCERA. 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. CAFETERIA PLAN ALLOWANCE INCREASE: Effective December 15, 2013, increase of one percent (1%) of pensionable compensation applied to cafeteria plan allowance as follows, in exchange for 1% pension cost sharing described below. 4.2 HEALTH & WELFARE 4.2.1 Full Flex Cafeteria Plan The monthly flex dollar allowance effectiveJapti- �rt,--2_LQ�_December 15, 2,C1,11-3 is: For employee only: $ 66-_702 1 For employee and one dependent: $ 945_29 ]I TENTATIVE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 (CHILDCARE UNIT) RE: SUCCESSOR MEMORANDUM OF UNDERSTANDING November 14, 2013 For employee and two or more dependents: $ 9,415 1020 Effective December 15, 2014, employees will receive six tenths percent (0.6%) total compensation toward the cafeteria plan allowance, as follows: The monthly flex dollar allowance effective Jaauary 1, 2W_=sDe.cerrber 15, 212014 is: For employee only: $-45 - 723 For employee and one dependent: $ 94-55, 1,0255 For employee and two or more dependents: $ 9 4 45 -.,05 1 DISCIPLINARY APPEAL ARBITRATION: Eliminate Arbitration for levels of discipline lower than discharge. 7.1 DISCIPLINARY ACTION 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 she Department Director shall be Final and binding for susoensions oF five days oi, less. f -or , suspensions of more than five days, demotions, -eduction in paxj, and terminations, 'k -Thereafter, the employee shall notify the City within ten (10) days a ppea I ane matter to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in accordance with the Grievance Procedure. PAY ISSUE: SEIU asserts that employees in the bargaining unit did not receive pay for one day per year in 2011 and 2012, and that the City's current pay practices will result in employees losing pay for an additional day worked each year in 2013, 2014 and 2015. The City has reviewed its pay practices and does not agree that the Union's claim is valid, as employees are paid on a work period basis and for all days worked within a work period. The City asserts that employees have been accurately paid for all days worked in 2011 and 2012 and that its pay practices are accurate and lawful. In order to amicably settle this dispute and maintain positive labor relations, the parties agree that the terms of this tentative agreement resolve the afore -mentioned pay dispute for 2011, 2012, 2013, 2014 and 2015. In exchange for the terms of this Agreement, employees in the Childcare bargaining unit waive and release any and all rights to bring any administrative or civil claim, including under the FLSA, against the City. PARKING ISSUE: The City agrees to study the issue of employee parking at the Parkside preschool site during the term of the agreement. MOU LANGUAGE CLEAN- UP: to be discussed by the parties during the term of the agreement. MOU Clean Up to include the following: OEM= fk� TENTATIVE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 10 21 (CHILDCARE UNIT) RE: SUCCESSOR MEMORANDUM OF UNDERSTANDING November 14,,2013 PEPRA: 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) ��C 111! -1 .......'' 1 i111:41 i k I I 1� ill 1 9♦ � 1 MM V M I 1 1ill s'Ill November 1, 2013 through October 31, 2015 11 CIA 1 11- Leff'] Z k C4 IL k I GENERAL PROVISIONS ---------------------------------------.| 1-1 NNTRODuCTIOm----------------------------------------------.| 1.1.1 Scope of Agreement ------------------------------------------.l 1.1.2 Term ofMOU............................................................................................................................................ | 1-2 RECOGNITION ............................................................................................................................................. l 1.2.1 Bargaining Und---------------------------------------------.l 1.2.2 Classification Specification ---------------------------------------\ 1.2.3 Notice to Employees ------------------------------------------.| 1.2.4 Orientation Letters ................................................................................................................................... | 1-3 ------------------------------------------..2 1.3.1 /nGeneral ......................................................................................................................................... --.2 1.3.2 Union Discrimination ------------------------------------------.2 1.4 INSPECTION OF MEMORANDUM OF U --------------------------.2 1.5 ExISn*G I./:ns,REGuLxnOmS & POLICIES ............................................................................................ 2 1-6 STRIKES & LOCKOUTS .............................................................................................................................. 2 1-7 SEVERABILITY ........................................................................................................................................... .? 1-8 PREVAILING RIGHTS .................................................................................................................................. 2 1-9 FULL UNDERSTANDING, MODIFICATION, WAIVER .................................................................................... 2 1.9.1 Understanding ----------___________________________________..2 1.9.2 Waiver & Modification ............................................................................................................................. 3 2 M11MBA........................................................................................................................................................... 3 2.1 UNION RIGHTS ........................................................................................................................................... 3 2.1.1 Union Stewards -------------------------------------..3 2.1.2 Bulletin Boards ......................................................................................................................................... 3 2.2 DUES DEDUCTION ...................................................................................................................................... 3 2.2.1 Collection ofDues ................................................................................................................................... 3 2.2.2 Dugs Collection during Separation from Employment -----------------_-----..4 2.2.3 Agency Shoo -----------------------------------------------4 2.3 MANAGEMENT RIGHTS .............................................................................................................................. 4 3.5.1 Educational --------------_-------_______________..6 3 COMPENSATION .................................................................................................................................... 5 3.1 GENERAL WAGE INCREASE ...................................................................................................................... 5 3.2 STEPINwCREASES....................................................................................................................................... 5 3.3 MERIT INCREASES ...................................................................................................................................... 6 3~4 SPECIFIED WAGE ADJUSTMENTS DIFFERENTIALS ---------------------------6 3.4.1 Salary Range Differentials ...................................................................................................................... 6 3.4.2 Split Shift Pay Differential ....................................................................................................................... 6 3.5 ADDITIONAL PAY ........................................................................................................................................ 6 3.5.1 Educational --------------_-------_______________..6 4 BENEFITS .................................................................................................................................................. 6 4.1 EMPLOYEE BENEFITS COMMITTEE ............................................................................................................ 6 4.2 HEALTH & WELFARE ................................................................................................................................. 6 4.2.1 Full Flex Cafeteria Plan ..................................................... .................................................................... 6 4.2.2 Retirees Health Insurance ................................ ........................................................................... ......... 7 4.2.3 Pro Rata Bene/it Rules ........................................................................................................................... 0 4.2.4 Health and Dependent Care Spending Accounts ...................................................... ........................ 8 4.2.5 Health Insurance Providers ................ ................................................................................................... 9 4.3 FLEx ALLOWANCE ADJUSTMENT ----------------------------------''q 4.4 DENTAL PLAN .......................................................................................................... ............................... g 4,4.1 Dental Plan ................................. ............................................................................................................. 9 4.5 RETIREMENT CONTRIBUTION ........................................ ............................................................................ V 4.5.2 City Paid Employee Retirement (City Paid Member Contribution) ................................................. lO 4.5.3 Retirement Plans ................................................................................................................................... lO 4.5.4 Member Cost of Living Rates .............................................................................................................. iO 4.5.5 Pension Costs ........................................................................................................................................ |O 4.6 DEFERRED COMPENSATION PLAm-----------------------------------.\O 4.7 STATE DISABILITY INSURANCE (SNDI)..................................................................................................... \O 5.1 SICK LEAVE .-----------------------------------------------\| 5.1.1 Eligibility ------------------------------------------------..l| 5.1.2 Sick Leave Accrual ................................................................................................................................ \\ 5.1.3 Use ofSick Leave .................................................................................................................................. l| 5.1.4 Advance ofSick Leave ......................................................................................................................... |2 5.1.5 Sen/ice Credit for Sick Leave .............................................................................................................. |2 5.1.6 Compensation for Unused Portion ...................................................................................................... ]2 5.2 VACATION LEAVE .--------------------------------------------l2 5.2.1 Eligibility ------------------------------------------------..\2 5.2.2 Rate mfAccrual ...................................................................................................................................... |2 5.2.3 Administration ofVacation Leave ........................................................................................................ |3 5.2.4 Vacation Cash -In ................................................................................................................................... |3 5.3 HOLIDAYS ................................................................................................................................................. |4 5.3.1 Paid Holidays .......................................................................................................................................... \4 5.4 OTHER LEAVE ......................................................................................................... ................................ |4 5.4.1 Bereavement Leave ------------------------------------------|4 5.4.2 Jury Duty ................................................................................................................................................. |4 5'4.3 Military Leave ......................................................................................................................................... |4 5.4.4 Leave ofAbsence Without Pay ........................................................................................................... |5 5.4.5 Industrial Injury Leave ........................................................................................................................... l5 5.4.6 Family Medical Leave ........................................................................................................................... |5 5'4.7 Catastrophic Leave ............................................................................................................................... l5 6 TERMS & CONDITIONS OF EMPLOYMENT ............................................................................. |0 6.1 HOURS OF WORK ..................................................................................................................................... |6 6.2 UNPAID TIME OFF --------------------------------------------l8 6-3 STAFF DEVELOPMENT /TRAIm|NG DAYS --------------------------------l6 6~4 OVERTIME ................................................................................................................................................ \6 6.5 COMPENSATORY TIME POLICY ................................................................................................................ )6 6.5.1 Accrual Limit ........................................................................................................................................... |6 6.5.2 Overtime Rate ........................................................................................................................................ |6 8.5.3 Use &Carry Over .................................................................................................................................. \6 6.6 PROBATION .............................................................................................................................................. |8 6.7 TEMPORARY PROMOTIONS ...................................................................................................................... |7 6-8 PERSONNEL RuLES& REGULATIONS ..................................................................................................... |7 6.8.1 Harassment Policy ................................................................................................................................. |7 6.8.2 Drug & Alcohol Policy ........................................................................................................................... |7 6_9 MISCELLANEOUS ........ 17 6.9.1 CPR/ First Aid Training ........................................................................................................................ }7 6.9.2 Gratuities/ Solicitation of Contributions .............................................................................. --......... |7 6.9.3 Labor/ Management Meetings ..................... ......... ............................................................................ l7 7 PROCEDURES ---------------------------------------------.|7 7.1 DISCIPLINARY ACTION ............. ............ .................................................................................................. \7 7.1.1 Right to Discipline & Discharge ....... ................................................................................................... \8 7.1.2 Preliminary Notice .............................................................................................................................. —\8 7.1.3 Disciplinary Action and Appeal ------------------------------------\0 7.2 GRIEVANCE PROCEDuRE---------------------------------------- \g 7.2.1 Definition .......................... ....... ........ ................ ...... ............................................................................. )9 7.2.3 Arbitration ...... ----------------------------------------------2U 7.2'4 General Provisions ................................................................................................................................ 2O 7.3 VOLUNTARY TIME OFF (VTO) ................................................................................................................. 2O 7.4 REDUCTION |mFORCE .--------_________________________________..21 7'4.1 Authority ------------------------------------------------..2\ 7'4.2 Notice ...................................................................................................................................................... 2| 7.4.3 Order ofLayoff ....................................................................................................................................... 2l 7'4'4 Seniority ------------------------------------------------..2| 7'4.5 Bumping Rights .--------------------------------------------.2| 7.4.6 Transfer Rights ...................................................................................................................................... 2l 7.5 --------------------------------------------22 7.5.1 General Guidelines .-------------___------____—_______________.22 7.5.2 Right to ---------------------------------------'2_2 7.5.3 Time Limits ............................................................................................................................................. 22 7.5'4 A -----------------------------------------------.22 7.5.5 Probationary Status ............................................................................................................................... 22 LIST OF EXHIBITS Exhibit Salary Schedule for November 1.2013—October 31'2015 NN MEMORANDUM OF UNDERSTANDING between the CITY OF SAN RAFAEL and SEIU LOCALCHILDCARE 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, 2013 and ending October 31, 2015. 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 agree upon by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and the Service Employees International Union (STIU) 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, 2013 through October 31, 2015. 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. 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, marital status, medical condition or 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 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. 2.2.2 Dues Collection during Separation from Employment 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 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. 3.2 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. 3.3 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS 3.3.1 Salary Range Differentials A 12.5% salary range differential between top step Instructor 11 and beginning step of Director and create an 11% salary range differential between top step Instructor I and beginning step of Instructor 11. 3.3.2 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. 3.4 ADDITIONAL PAY 3.4.1 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-Childcare, Association of Professional Employees (WCE)g 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 for active employees, in accordance with ITS 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 monthiv flex dollar allowance effective January 1, 2011 is: 7- ror employee only: $667 For employee and one dependent: $945 For employee and two or more dependents: $945 The monthiv flex dollar allowance effective December 15. 2013 is: For employee only: $702 For employee and one dependent: $995 For employee and two or more dependents: $1,020 The monthiv flex dollar allowance effective December 15, 2014 is: ,-or employee only: $723 For employee and one dependent: $11025 For employee and two or more dependents: $1,051 NO TE.- 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, employee voluntary life insurance, and Healthcare and Dependent Care expenses or may be converted to taxable income. For example, in calendar year 2013, a single employee 7 s monthly flex dollar allowance for health is $667; of that amount, $115.00 has been designated by CalPERS as the City's monthly PEMHCA contribution in 2013. The balance of $552 must be used to purchase other coverage as offered through the cafeteria plan or may be converted to taxable income once the appropriate health elections have been made. If an employee has health insurance coverage through a s po use/de pendent or a former employer and provides proof of other coverage to the Human Resources Department, the employee may elect to waive the City's health insurance coverage, the employee shall receive $200 in flex dollars in accordance with the terms of the cafeteria plan. 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. Effective January 1 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. Effective January 1 1 2010, the City shall be responsible for paying premiums for a Long Term Disabilitl 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. 4.2.2 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 wit the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue i 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 CalPERS on an annual basis. 11 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. 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. 4.2.4 Health and Dependent Care Spending Accounts City will offer as part of its Section 125 Plan for as long as such a plan is desired by the Union and available pursuant to the IRS Code a Health and Dependent Care Spending Accounts. The Flexible Spending Accounts offered by the City include: a. Mealthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 2003 at IRS Code limit, not to exceed $5,000. 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 at 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: Excess Medical 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. 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. .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. 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 It 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, 4.5.41 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). 4.5.5 Pension Costs Within the time period covered by this MOU, representatives of the City and the Union will continue to meet on the subject of reducing pension cost. 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. IUJ 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 checks, the employee endorses the checks over to the City of San Rafael to receive credit. 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 may buy is and credits the employee with those hours. NOTE: The employee may not buy back 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 checks 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. 5 LEAVES SICK LEAVE Eligibility Sick leave with pay shall be granted to each eligible employee. Sick leave does not accrue to those working on a temporary, intermittent or seasonal basis. 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 IN at the following rate for continuous service: Each service year on the chart begins in the first workin day and ends on the last day of the service year. i SERVICE YEAR ANNUAL ACCRUAL 1 10 days 2 10 days 3 10 days 4 15 days 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. 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 a 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 1st New Year's Day The third Monday in January Martin Luther King Jr. Day The third Monday in February Washington's Birthday March 31St Cesar Chavez 'Day The last Monday in May Memorial Day July 4th Independence Day The first Monday in September Labor Day November 11 th Veteran's Day The fourth Thursday in November Thanksgiving Day The fourth Friday in November Day after Thanksgiving December 25th Christmas I 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 failing 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 them service fees except mileage or subsistence allowance within thirty days from the termination of such duty. 5.4.3 Military Leave 14 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. IN I I 11�1:11111I 1111 111 1`111111111154ilz 1 0 1, 1 n ki 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 11. 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, 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 I 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 0.4.1. 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 30t"' 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 IV Right to Discipline & Dischargd V 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 p 2. Day shall mean any that the City Office is open for business, excluding Saturdays, Sundays an* 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 limalts begin with the day following the event causing the grievance or the day following receipt of a grievance decision. 7.2.2 Procedure Step I 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 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. B 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. 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 thir" 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. 7.3 VOLUNTARY TiME OFF (VTO) out 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 class ifi cations(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 at 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. 21 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. M SEIU./Co,cal 1021 - Childcare a 9T Paul Carroll, SEW Representative tw Jason Klumb, SEW Area Director Pe1eCaste*1liExecutive Director, SEW Local 1021 Laura McCurdy, Child Care Director Laurie DuCharme, Child Care Instructor 11 CITY OF SAN RAFAEL Kelly Albrecht, Childcare Supervisor DATE M �- C) (0 Cfl M (N C) M d' M N 6q 60!)- (7q t., (3) to 0') to {Y} 0) 00 N M N N co (07 �7 tN - N co C) M N w P- M (N N (09- 6 (A� Q 0 fl U U _ Q� -} '4-4 in om LO !. LO = CY) C ) C ) M'VjA r0jj &410 9 1 j A � � � � � � 1 i � i ♦ i i i � 1 INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3. d DATE OF MEETING: December 2, 2013 FROM: Anil Comelo, Human Resources Director DEPARTMENT: Human Resources / Management Services DATE: November 19, 2013 TITLE OF DOCUMENT: MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORDING CONDITIONS FOR SEIU LOCAL 1021 - CHILDCARE UNIT (NOVEMBER 1, 2013 THROUGH OCTOBER 31, 2015) t_ t e . Department Head (signature) i IIiiiiiiiiii i i APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager er (signature) City Attorney (signature) NOT APPROVED REMARKS-