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HomeMy WebLinkAboutCC Resolution 11442 (MOU SEIU)RESOLUTION NO. 11442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO.10744 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR SEIU LOCAL 949, Child Care Unit. (3 year agreement from November 1, 2003 through October 31, 2006) WHEREAS, the City of San Rafael and SEIU Local 949, herein known as Union, have met and conferred with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding dated November 17, 2003 and consisting of twenty-eight pages and exhibits A, B, C, and D has been executed by duly authorized representatives for both parties; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and SEIU Local 949, shall utilize the Memorandum of Understanding dated November 17, 2003 as the official document of reference respecting compensation and working conditions; Section 2: The schedules describing classes of positions and salary ranges as Exhibits A, B and C to said Memorandum of Understanding, together with the Memorandum of Understanding itself are hereby adopted and both shall be attached hereto and incorporated in full. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 17'0 day of November, 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Ali l l er, Phillips & flavor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANE NE M. LEONCINI, CITY CLERK MEMORANDUM OF UNDERSTANDING Between CITY OF SAN RAFAEL And CHILD CARE UNIT SEW, LOCAL 949, AFL-CIO November 1, 2003 through October 31, 2006 CHAPTER 1. GENERAL PROVISIONS Article 1.1. Introduction 1.1.1. Scope of Agreement 1.1.2. Term Article 1.2. Recognition 1.2.1. Bargaining Unit. 1.2.2. Notice to Employees. Article 1.3. Discrimination 1.3.1. In General. 1.3.2. Union Discrimination. Article 1.4. Inspection of Memorandum of Understanding Article 1.5. Existing Laws, Regulations and Policies Article 1.6. Strikes and Lockouts Article 1.7. Severability Article 1.8. Prevailing Rights Article 1.9. Full Understanding, Modification, Waiver 1.9.1. Understanding. 1.9.2. Waiver & Modification. CHAPTER 2. WAGES Article 2.1. General Wage Class Increase 2.1.1. Fiscal Year 03/04 Increase 2.1.2. Fiscal Year 04/05 Increase 2.1.3. Fiscal Year 05/06 Increase Article 2.2. Step Increases Article 2.3. Merit Performance Award Article 2.4. Salary Range Differentials Article 2.5. Split Shift Premium Pay CHAPTER 3. INSURANCES Article 3.1. Health, Life and LTD Insurance 3.1.1. City Contribution 3.1.2. Cash Payback 3.1.3. Retiree Health Insurance 3.1.4. 125 Plan Article 3.2. Dental Plan Article 3.3. State Disability Insurance (SDI) 1 1 1 1 1 1 i 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 5 6 6 CHAPTER 4. PAID LEA VE Article 4.1. Sick Leave 4.1.1. Eligibility: 4.1.2. Accumulation: 4.1.3. Use of Sick Leave: 4.1.4. Advance of Sick Leave: 4.1.5. Compensation for Unused Portion. Article 4.2. Annual Vacation Leave 4.2.1. Eligibility. 4.2.2. Administration of Vacation Leave. 4.2.3. Rate of Accrual Article 4.3. Other Leaves 4.3.1. Military Leave. 4.3.2. Leave of Absence without Pay. 4.3.3. Industrial Injury Leave. 4.3.4. Jury Duty. 4.3.5. Family Medical Leave 4.3.6. Voluntary Time Off 4.3.7 Holidays 4.3.8. Catastrophic Leave CHAPTER 5. TERMS AND CONDITIONS Article 5.1. Work Week Article 5.2. Overtime Article 5.3. Compensatory Time Policy 5.3.1. Accrual Limit 5.3.2. Overtime Rate 5.3.3. Use & Carryover. Article 5.4. Staff Development/Preparation Days Article 5.5. PROBATION Article 5.6. TEMPORARY PROMOTIONS CHAPTER 6. PROCEDURES Article 6.1. Disciplinary Action 6.1.1. Right to Discipline and Discharge. 6.1.2. Preliminary Notice. 6.1.3. Disciplinary Action and Appeal 6.1.4. Sexual/Racial Harassment. Article 6.2 Grievance Procedure 6.2.1. Definitions. 6.2.2. Procedure. 6.2.3. Arbitration. 6.2.4. General Provisions. CHAPTER 7. RETIREMENT I 7 7 8 8 8 8 9 9 9 9 10 _ 10 10 10 11 11 12 12 - — 12 13 13 13 13 14 14 14 14 14 14 14 14 15 15 16 16 16 16 17 18 18 19 CHAPTER 8. UNION RIGHTS Article 8.1. Employee Representatives 8.1.1. Designation. 8.1.2. Bulletin Boards. Article 8.2. Dues Deduction 8.2.1. Dues Collection. 8.2.2. Dues Collection During Separation from Employment. CHAPTER 9. MANAGEMENT RIGFITS CHAPTER 10. RED UCTIONIN FORCE Article 10.1. Authority Article 10.2. Notice Article 10.3. Order of Layoff Article 10.4. Seniority Article 10.5. Bumping Rights Article 10.6. Transfer Rights Article 10.7. Re-employment 10.7.1. General Guidelines. 10.7.2. Right to Re-employment. 10.7.3. Time Limits. 10.7.4. Availability. 10.7.5. Probationary Status. 10.7.6. Restoration of Benefits. CHAPTER 11. MISCELLANEOUS Article 11.1. Classification Specification Article 11.2. Employee Orientation Letter Article 11.3. CPR/First Aid Training Article 11.4. Deferred Compensation Plan Article 11.5. Educational Reimbursement Program Article 11.6. Drug Free Work Place Article 11.7. Agency Shop Article 11.8. Labor/Management Meetings 19 20 20 20 20 20 21 21 22 22 22 22 22 23 23 23 23 23 23 23 24 24 24 24 24 24 24 24 25 25 26 MEMORANDUM OF UNDERSTANDING between the CITY OF SAN RAFAEL and the CHILD CARE UNIT SEIU, LOCAL 949, AFL-CIO November 1, 2003 through October 31, 2006 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, 2003 and ending October 31, 2006. CHAPTER 1.GENERAL PROVISIONS Article 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 (SEIU) Local 949 (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 This agreement shall be in effect from November 1, 2003 through October 31, 2006. Article 1.2. Recognition 1.2.1. Bargaining Unit. City hereby recognizes Union as bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the Child Care Bargaining Unit. (As referenced in Exhibit, "A" attached). 1.2.2. Notice to Employees. Whenever a person is hired in any of the job classifications set forth herein, City shall notify such person that, the Union is the recognized bargaining representative for employees in that classification. Article 1.3. 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 Harassment Policy 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 Union. Article 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. Article 1.5. Existing Laws, Regulations and Policies This agreement is subject to all applicable laws of the State of California, ordinances, regulations, and policies of the City of San Rafael. Article 1.6. Strikes and Lockouts During the term of this Memorandum, the City agrees that it will not lock out employees, and the Union agrees that it will not agree to, encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Union will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. Article 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. 2 Article 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. Article 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. CHAPTER 2. WAGES Article 2.1. General Wage Class Increase 2.1.1. Fiscal Year 03/04 Increase Effective the beginning of the first payroll period following adoption of the MOU by the City Council grant a 2.98% salary increase for all represented job classes (See Exhibit "A"). 2.1.2. Fiscal Year 04/05 Increase Effective the beginning of the payroll period represented in the November 15, 2004 paycheck date a 3.75% salary increase for all represented job classes (See Exhibit "B"). 2.1.3. Fiscal Year 05/06 Increase Effective the beginning of the payroll period represented in the November 15, 2005 paycheck date a 4.00% salary increase for all represented job classes (See Exhibit "C") 3 Article 2.2. 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. Article 2.3. Merit Performance Award 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. The City and the Union shall form a committee to work on establishing criteria on the granting of Merit Performance Awards. The City shall not grant any further merit performance awards in this unit until the parties agree on appropriate criteria. An initial committee meeting shall be scheduled within sixty (60) days of the MOU being adopted by the City Council. Failure to reach an agreement shall not be deemed a violation of this MOU. Article 2.4. 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. Article 2.5. Split Shift Premium Pay 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. CHAPTER 3.INSURANCES Article 3.1. Health, Life and LTD Insurance It is the goal of the City Council and the Union to jointly work towards improving the City's contribution to group health, life, and LTD insurance premium costs for all eligible employees in the Child Care bargaining unit. The City's contribution can be used by the eligible employee to enroll in City provided group health, life, and/or long term disability insurance plans, which they may be eligible for as determined by the full-time equivalency (FTE) of their position. The actual dollar amount of the City's contribution for Child Care Directors, Child Care Instructor IIs, and Child Care Instructor Is shall be based on full-time equivalency of the position. Part time employees who are regularly scheduled (FTE level) to work a minimum of 20 hours per week will be eligible to receive an equivalent prorated share of the City's contribution. 3.1.1. City Contribution The City's contribution is $420 per month. Effective the first of the month following adoption of the Contract by the City Council the City shall increase its contribution from $420 per month to $510 per month. Effective with the paycheck date of December 15`h of subsequent years, the base level will be increased by an amount equal to any increase in the Kaiser 2 -Party premium rate. 3.1.2. Cash Payback Employees who are eligible to receive the City's contribution to the Group Insurance programs (must be eligible to enroll in the health insurance program and if waiving enrollment must show proof of other coverage to be eligible for the cash back provision); but do not use the full amount, may receive cash back on the unused portion not to exceed $90 per month (prorated for eligible part time employees). 3.1.3. Retiree Health Insurance Employees retiring from the City and who within 120 days of leaving their position begin receiving an ongoing retirement annuity from the Marin County Employees' Retirement System can remain in the City's group health plan program. Under these circumstances these eligible retirees would receive from the City a contribution of $250 per month toward the premium cost of their continued enrollment in the City's group health plan program. Effective the first of the month following adoption of the Contract by the City Council the City shall pay the full cost of the monthly group medical premium required to enroll the retiree in a "retiree only" plan, up to the maximum cap of the County Retirement System reimbursement. During the term of this contract this retiree only plan cap contribution shall not be lower than $433 per month. There are no pay back provisions for retirees. 3.1.4. 125 Plan The City will offer a 125 Plan as long as such a plan is desired by the Union and available pursuant to the IRS Code. 125 Plans offered by the City include: a. Out-of-pocket medical expenses that qualify under the IRS Code effective January 1, 2004 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. Employees must have passed initial probation period on or before the December 31" prior to each enrollment calendar year (example: employee must have successfully completed this probation by 12/31/03 in order to enroll for calendar year 2004). Employees separating from City service prior to re -payment of 5 City advanced medical expense reimbursement shall have said amount deducted from final check. b. Dependent care expenses that qualify under the IRS Code at the IRS Code limit (currently $5,000 for calendar year 2003). Employees are responsible to pay the monthly administrative fee and any increase established by the third party administrator. c. 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. Article 3.2. 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 30 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 $50 per month. Effective with the first of the month following adoption of the Contract by the City Council the City shall 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. Article 3.3. 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. I It is incumbent upon the employee to keep the City advised of their medical status 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: 1. Employee notifies supervisor of disability and need for time off. At the same time employee files for SDI through the State Office. 2. 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. 3. Personnel Action Form (PAF) is completed by the supervisor to document request and approval of extended leave. 4. Human Resources Department, on receipt of PAF, contacts employee and supervisor to discuss availability of coordination of SDI with leave benefits. 5. Employee's time off is recorded as sick leave and if necessary then vacation leave on time cards submitted by the supervisor to the Payroll Office. 6. On receipt of the SDI checks employee endorses the checks over to the City of San Rafael. 7. Based upon employee's hourly rate of pay the Payroll Office computes how much used sick and/or vacation leave time the employee may buy back and credits the employee with those hours. NOTE: The employee may not buy back more than accrued at or during the time of the disability. 8. 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 if they chose to remain in the group plans. CHAPTER 4. PAID LEAVE Article 4.1. Sick Leave 4.1.1. Eligibility: Sick leave with pay shall be granted to each eligible employee. Sick leave does not accrue to those working on temporary, part-time, intermittent or seasonal basis. Sick leave shall not be considered as 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 Head 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 7 information, as herein required, shall constitute good and sufficient cause for disciplinary action, including dismissal. 4.1.2. Accumulation: 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). 4.1.3. 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 and children), or physical incapacity resulting from causes beyond the employee's control; or 2. Personal illness of the employee's parent (does not include in-laws) requiring the employee's personal attention to their care during this illness; or 3. Enforced quarantine of the employee in accordance with community health regulations; or 4. Medical appointments; or 5. Death or critical illness in the immediate family. An employee eligible for sick leave may, upon the necessity of employee's absence being shown and with the consent of the Department Head, be allowed to use up to three (3) days of sick leave in the case of death or critical illness in the immediate family (defined in this section as employee's spouse, children, parents, brothers, or sisters) within the State, or five (5) days for out-of-state absence where death appears imminent. Where such death or critical illness has occurred, the employee shall furnish satisfactory evidence of such death or critical illness to the Department Head. 4.1.4. 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. 4.1.5. 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 Chapter 7. Retirement for service credit eligibility for unused portion of sick leave. Article 4.2. Annual Vacation Leave 4.2.1. Eligibility. Annual vacation with pay shall be granted to eligible employees. Vacation leave does not accrue to those working on temporary, intermittent or seasonal basis. Vacation benefits may be taken as accrued and provided in 4.2.2. below. Probationary employees may take accrued vacation if authorized by the Department Head and approved by the City Manager. 4.2.2. Administration of Vacation Leave. The City Manager, upon the recommendation of the department head, may advance vacation credits to any eligible 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 Head 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 225 hours. 4.2.3. Rate of Accrual Vacation and sick leave 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 Head and City Manager. Eligible employees shall commence to accrue vacation at the following rate for continuous service: Eligible employees shall commence to accrue vacation at the following rate for continuous service: 0 SERVICE YEAR ANNUAL ACCRUAL 1 10 days 2 10 days 3 I 10 days 4 I 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 and sick leave 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 six hour vacation days. Article 4.3. Other Leaves 4.3.1. 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 head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 4.3.2. 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 Program Manager. Accrued vacation leave and if applicable, accrued sick leave, must be exhausted prior to the granting of leave without pay. 4.3.3. 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 City Manager's office coordinates benefits for Worker's Compensation claims. Employees shall be entitled to such compensation as may be allowed them by the Worker's Compensation Insurance and Safety Act of the State of California. For 10 further information, see the Industrial Accidents and Injuries section of the City's Injury and Illness Prevention Program. 4.3.4. 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. 4.3.5. Family Medical Leave Family leave shall be granted in accordance with the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991. Requests for Family Care Leave are submitted to the employee's department head for approval and reviewed by the Human Resources Division Manager for consistency with the law prior to approval. Employees approved for this type of leave must use appropriate accrued and unused vacation leave and/or compensatory time before going on leave without pay status. Accrued and unused sick leave may be used if appropriate and requested. Sick leave usage is to be consistent with sick leave provisions of the M.O.U. To be eligible for this family leave benefit, an employee must have worked continuously for the City of San Rafael for at least 12 months. An eligible employee may use family medical leave: For the birth or placement of a child for adoption or foster care; To care for an immediate family member (spouse, child or parent) with a serious health condition; or, To take medical leave when the employee is unable to work because of a serious health condition. An employee shall be entitled to twelve (12) weeks of leave of absence which need not be consecutive, subject to the conditions indicated herein and the law. If the employee's spouse is employed by the City, the total time allowed for family medical leave shall be twelve (12) weeks in any one calendar year. The City shall continue to provide paid coverage of health benefits for the duration of the approved leave of absence. 11 4.3.6. Voluntary Time Off 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. 4.3.7 Holidays Employees shall be granted the following holidays: January 1 Third Monday in January Third Monday in February March 31 Last Monday in May July 4 First Monday in September November 11 Thanksgiving Day Day after Thanksgiving December 25 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. 4.3.8. Catastrophic Leave Employees may donate accrued leave to other employees suffering from a catastrophic illness or injury either to themselves, a spouse, a parent or to a dependent minor child. Catastrophic leave is a paid leave of absence due to a life threatening verifiable long- term illness or injury such as, but not limited to, cancer or heart attack which clearly disables the individual. Employees who have successfully completed 1,950 hours one year of employment in a paid status shall be eligible for catastrophic leave due to their own serious, life threatening, illness or injury or due to the serious, life threatening, illness or injury to their spouse, parent or dependent minor child. The employee must first exhaust all applicable accrued sick leave, vacation leave, and compensatory time before qualifying for catastrophic leave. Catastrophic leave shall be additional paid leave available from vacation and/or sick leave (if appropriate) hours 12 donated by other employees in the bargaining unit to a specific qualified employee. Employees donating vacation and/or sick leave hours must donate in increments of whole hours. The donating employee must have a vacation leave balance of at least 40 hours after the donation of vacation leave. The donating employee may not donate more than one-half of their accrued sick leave, and must be left with a balance of at least 80 hours of accrued sick leave after the donation. An employee requesting catastrophic leave must receive the recommendation of the Department Head and the approval of the City Manager. Such leave may initially be approved for up to a maximum of 325 donated hours. If the catastrophic illness or injury continues, up to an additional 325 donated hours may be recommended and approved. The Human Resources Division and the Finance Division of the Management Services Department shall account for the donation and disbursement of the catastrophic leave hours. All time donated will be credited on an hour to hour basis regardless of hourly pay differentials between the donating employee and recipient. Catastrophic leave shall not be used in conjunction with any long or short-term disability benefits or Workers' Compensation Leave. While an employee is on catastrophic leave, using donated hours, the employee shall not accrue any vacation or sick leave. CHAPTER 5.TERMS AND CONDITIONS Article 5.1. Work Week The workweek for ChildCare Center Directors shall be 37.5 hours per week and 35.0 hours per week for ChildCare 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 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. Article 5.2. 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 Sunday through 2400 hours Saturday. Overtime is compensable to the nearest half-hour, and must have prior authorization and approval of the Department Head. Article 5.3. Compensatory Time Policy 13 With the department head's approval, compensatory time, in lieu of overtime pay, may be taken subject to the following rules: 5.3.1. Accrual Limit Upon accrual of time, five (5) days or forty (40) hours of compensatory time, employee 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. 5.3.2. Overtime Rate Employees who work overtime must be paid for it 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 5.3.1. Employees who elect compensatory time must take the time off, preferably within the quarter during which it was earned. 5.3.3. Use & Carryover. All compensatory time earned during the fiscal year must be used by June 30 that year with one exception. Upon the recommendation of the supervisor and approval of the department head, employees may carry over up to forty (40) hours of compensatory time provided it is taken within the following quarter (7-1 to 9-30). Article 5.4. Staff Development/Preparation 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. Article 5.5. 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. Article 5.6. 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. CHAPTER 6.PROCEDURES Article 6.1. Disciplinary Action 14 6.1.1. Right to Discipline and 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 to an acceptable level of work quality and quantity; insubordination; other acts inimicable to the public service; inability or refusal to provide medical statement on cause of illness or disability. 6.1.2. 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. 15 Upon the receipt of the notice, the non -probationary employee shall have five (5) days to appeal the matter in writing to Step 2 of the Grievance Procedure. If a written appeal is filed, no disciplinary action shall be imposed until the Department Head has conducted a hearing with the employee and employee's representative present and having 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 right to proceed to Step 4 of the Grievance Procedure. 6.1.3. Disciplinary Action and Appeal After hearing the response of the employee the Department Head may order that the proposed disciplinary action or modification thereof be imposed. Thereafter, the employee shall notify the City within ten (10) days that the matter is appealed to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in accordance with the Grievance Procedure. 6.1.4. Sexual/Racial Harassment. Sexual/Racial harassment of one employee by another is cause for disciplinary action including the possibility of immediate discharge. Sexual harassment is defined as including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. Racial harassment is defined as including but not limited to verbal, or physical conduct of a racial nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. Article 6.2 Grievance Procedure 6.2.1. Definitions. 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. 16 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. 6.2.2. 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 Head 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 Head 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 Division 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. 17 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. 6.2.3. 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. 6.2.4. 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. 18 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 Division 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. CHAPTER 7.RETIREMENT All employees whose full time equivalency (FTE) is 3/ 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. The employee's share of their contribution shall be paid by the employee through automatic payroll deductions. The City will pay up to a maximum of five (5%) of an employee's salary or fifty percent (50%) of the employee's contribution rate, whichever is less to the Marin County Retirement System. 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 (see Sick Leave provision of MOU Chapter 4). 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. CHAPTER &UNION RIGHTS 19 Article 8. 1. Employee Representatives 8.1.1. Designation. The Union shall by written notice to the City Manager, designate certain of its 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. 8.1.2. Bulletin Boards. Authorized representatives of the Union shall be allowed to post Union notices on specified bulletin boards maintained on City premises. Article 8.2. Dues Deduction 8.2.1. Dues Collection. 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 20 refund to the City any amount paid to it in error upon presentation of supporting evidence. 8.2.2. Dues Collection During Separation from Employment. The provisions specified above (8.2.1.) 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. CHAPTER 9.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: To manage the City generally and to determine the issues of policy; To determine the existence of facts which are the basis of the management decision; To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services; To determine the nature, manner, means, technology and extent of services to be provided to the public; Methods of financing; Types of equipment or technology to be used; 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; 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; 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; To relieve employees from duties for lack of work or other legitimate reasons; 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 M.O.U; To determine job classifications and to reclassify employees; To hire, transfer, promote and demote employees in accordance with this Memorandum of Understanding and the City's Rules and Regulations; To determine policies, procedures and standards for selection, training and promotion of employees; 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; To maintain order and efficiency in its facilities and operations; 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; To take any and all necessary action to carry out the mission of the City in emergencies. 21 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. CHAPTER 10. REDUCTION IN FORCE Article 10.1. Authority The Appointing Authority may lay off, without prejudice, any employee covered by this M.O.U. because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency. Article 10.2. Notice Employees covered by this M.O.U. 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. Article 10.3. 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. Article 10.4. 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: 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. 2. If the seniority of two or more employees in the affected classification or higher classifications(s) is equal, departmental seniority shall be determinative. 3. If all of the above factors are equal, the date regular status in City service is achieved shall be determinative. 22 4. If all of the above are equal, date of certification for appointment shall be determinative. Article 10.5. Bumping Rights An employee designated to be laid off may bump into a class at the same salary level, 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. Article 10.6. Transfer Rights The Human Resources Manager 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 10.2, but no longer than the effective date of such layoff or reduction. Article 10.7. Re-employment 10.7.1. 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. 10.7.2. 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. 10.7.3. 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. 10.7.4. 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. 23 10.7.5. 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. 10.7.6. 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. CHAPTER 11. MISCELLANEOUS Article 11.1. 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. Article 11.2. Employee Orientation Letter 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. Article 11.3. 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. Article 11.4. Deferred Compensation Plan ChildCare Unit employees, who are contracted to work 35 hours or more each week, are eligible to participate in the City's Deferred Compensation Plan. Article 11.5. Educational Reimbursement Program 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 $100 per fiscal year maximum. The Educational Reimbursement Program also includes an additional reimbursement of up to $50 per fiscal year for professional membership dues for work-related organizations for employees in the Director or Instructor II classification. 24 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. Article 11.6. Drug Free Work Place 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. Article 11.7. Agency Shop The parties hereto recognize that membership in the Union is not compulsory, that employees have the right to join, not join, maintain, or drop their membership in the Union and that neither party shall exert any pressure on or discriminate against an employee regarding such matters. The Union agrees it is obligated to represent all of the employees in the Unit fairly and equally, without regard to whether or not an employee is a member of the Union. Any employee as of July 1, 1998 and who is a member of the Union on July 1, 1998, or who subsequently joins and all employees in the unit hired on or after that date shall, as a condition of continued employment either be required to belong to the Union or to pay to the Union a fair share fee. Payroll deductions for either dues or fair share/agency shop shall be deducted from all regular employees. Payment shall be made by payroll deduction. 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 fair share fee for services rendered by the Union shall be a percentage of the regular membership dues. Each employee shall have provided to him/her without prejudice, the full representational services of the Union. The City and the Union hereby agree that Agency Shop shall be amended annually to reflect any change in the amount of the fair share fee. Said amount shall be determined by an annual audit of the Union's finances. 25 Annually the Union shall produce an acceptable Union financial statement prepared and certified by a Certified Public Accountant. Such reports shall be made available to the City and to employees in the unit by the parties. The Union shall notify the City in writing as to the amount of regular dues and fair share fees. Exemptions: The provisions specified above 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. Separation includes layoff and leaves of absence. Season employees are excluded from this Agency fee contract provision. Part-time employees shall pay a pro -rata service fee or dues as provided above. An Agency Shop agreement shall not apply to managers, confidential employees or supervisors. Any unit member may be exempted from payment of any representation/service fees to the Union if that person is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting an employee organization as defined in section 3540.1(d) of the Government Code. Such exempt unit member shall, as an alternative to payment of a representation/service fee to the Union, pay an amount equivalent to such representation/service fee to the charity mutually agreed upon by the City and the Union. Hold Harmless: Monies 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. Article 11.8. 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 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 26 Resources Manager. 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. 27 SEW Local 949 KRIS OR EXECUTIVE DIRECTOR LAURA COLBERG CHILD CARE UNIT TEAM MEMBER LAURA MCCURDY CHILD CARE UNIT TEAM M AMBER MJIM RTI`t� UN N REPRESENTATIVE �� fIlluJ� DATE CITY F SAN RAFAEL DARYL)G. CHANDLER ASSISTANT DIRECTOR, MANAGEMENT SERVICES DEPARTMENT 111141"d rVI KLIAM HAASSISTAN ECTOOMMUNITY e ES DEPARTMENT TH NORDHOFF ASS ANT CITY MANAGE KELLY GRATH RECREATION SUPERVISOR II DATE 28 City of San Rafael and SEW Local 949 Child Care Unit Exhibit "D" Drug and Alcohol Policy It is the policy of the City of San Rafael to provide a safe, drug-free and alcohol -free work environment for our employees. Being under the influence of drugs and/or alcohol on the job poses serious risks to employee health and safety. This policy sets forth the rights and obligations of covered employees. If you are a covered employee under this policy you should familiarize yourself with the provisions of this policy BECAUSE COMPLIANCE WITH THIS POLICY IS A CONDITION OF YOUR EMPLOYMENT. A. EMPLOYEE QUESTIONS: An employee shall refer any questions regarding his/her rights and obligations under the policy to the Manager of the Human Resources Division. B. COVERED EMPLOYEES: All employees are covered by this policy. C. ACCIDENT An accident occurs when as a result of an occurrence: an individual dies, or; a covered employee receives a citation for a moving violation arising from an accident, and: a. an individual sustains bodily injuries requiring immediate medical treatment away from the accident scene, or: b. one or more vehicles is disabled (excluding mechanical failure) and must be towed from the site D. PROHIBITIONS Covered employees shall not be under the influence or in possession of controlled substances or alcohol during work hours. The following conduct is prohibited and may result in termination: 1. Reporting for duty or remaining on duty while having an alcohol concentration level of .02 or greater; 2. Performing any function or activity which presents a demonstrable danger to the safety of the employee or the safety of others, including but not limited to operating motorized or air powered equipment or motorized vehicles and working with hazardous materials within four hours of using alcohol. 3. Being on duty or operating a City of San Rafael vehicle while possessing alcohol and/or controlled substances; 4. Using alcohol while on duty; Drug and Alcohol Policy 2 Reporting for duty or remaining on duty when the employee used any controlled substance, except if the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform his/her job; Reporting for duty or remaining on duty if the employee tests positive for controlled substances; Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an employee who tested 0.04 or greater on an alcohol test or tested positively on a controlled substances test. Refusal to submit to an alcohol or controlled substances test required by the Policy includes but is not limited to: a. A refusal to provide a urine sample for a drug test, or a breath sample for an alcohol test; b. An inability to provide an adequate breath or urine sample without a valid medical explanation; C. A refusal to complete and sign the breath alcohol testing or drug testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test; d. Tampering with or attempting to adulterate or substitute the urine specimen or collection procedure; e. Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested; f. Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall determine whether to send the employee for a post -accident drug and/or alcohol test was not obtained; g. Consuming alcohol during the eight hours immediately following an accident, unless the employee has been informed that his/her actions have been discounted as a contributing factor, or if the employee has been tested. Additionally, an employee shall report any conviction for any drug-related activity to the Human Resources Manager within five (5) days after he/she receives notice of the conviction or as soon thereafter as practicable. An employee is not required to report a misdemeanor marijuana conviction that is more than two (2) years old. All employees covered by this Policy have previously been provided with a copy of the City's Drug Free Workplace Statement, and have signed an acknowledgment that they have read the Statement and agree to comply with it. E. CIRCUMSTANCES UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON COVERED EMPLOYEES: Post -Accident Testing: Post -Accident drug and alcohol testing will be conducted on employees following an accident where the employee's performance cannot be discounted as a contributing factor. The decision as to whether or not to test the employee will be left to a supervisory or management employee. The presumption is for testing. The only reason an employee will not be tested following an accident is if a determination is made that the employee's performance could not have been a contributing factor. If a fatality occurs, the employee will be tested irrespective of whether his/her involvement may be discounted. Drug and Alcohol Policl Post -accident alcohol tests will be administered within two hours following an accident and no test may be administered after eight hours. A post -accident drug test shall be conducted within 32 hours following the accident. 2. Reasonable Suspicion Testing: Covered employees are also required to submit to an alcohol or drug test when a trained supervisor has reasonable suspicion to believe the employee may be under the influence of alcohol or controlled substances. The observation must be based on short-term indicators, but not limited to, blurry eyes, slurring of speech, or the smell of alcohol on the breath. The supervisor may not rely on long-term signs, such as absenteeism or tardiness alone, to support the need for a reasonable suspicion test. Although only one trained supervisor is needed to determine reasonable suspicion, when practicable another trained supervisor may be called upon by the suspecting supervisor to observe the indicator(s). The reasonable suspicion alcohol test will be administered within two hours of the observation. If not, the employer must provide written documentation as to why the test was not promptly conducted. No test may be administered after eight hours following the observation. To ensure the supervisors are trained to make reasonable suspicion determinations, supervisors vested with the authority to demand a reasonable suspicion drug and alcohol test will attend at least one hour of training on alcohol misuse and at least one hour of training on controlled substances use. The training will cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Return to Duty/Follow-up Testing: A covered employee who has violated any of the prohibitions of this policy (See Section D) must submit to a return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol concentration of less than 0.02 or a verified negative result on a controlled substances test. In addition, because studies have shown that the relapse rate is highest during the first year of recovery, the employee will be subject to follow-up testing. The employee will be subject to up to six unannounced drug/alcohol tests during the first year back to duty following the violation. F. PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND ALCOHOL Alcohol Testing: Alcohol testing will be conducted by using an evidential breath testing device (EBT) approved by the National Highway Traffic safety administration. A screening test will be conducted first. If the result is an alcohol concentration level less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted. The procedures that will be utilized for collection and testing of the specimen are attached hereto as Attachment A. 2. Drug Testing: Drug testing will be conducted pursuant to the procedures set forth in Attachment Drug and Alcohol Policy G. REFUSAL TO SUBMIT TO AN ALCOHOL AND/OR DRUG TEST: El A covered employee who refuses to submit to any required drug/alcohol testing will be treated in the same manner as an employee who tested 0.04 or greater on an alcohol test or tested positively on a controlled substances test. H. CONSEQUENCES FOR EMPLOYEES FOUND TO HAVE ALCOHOL CONCENTRATION LEVELS OF 0.02 OR GREATER BUT LESS THAN 0.04: An employee whose test indicates an alcohol concentration level between 0.02 and 0.04 will be removed from his or her job duties for at least 24 hours. Such an employee may be subject to discipline up to and including termination for any such positive test. City of San Rafael will then retest the employee. Before the employee may be returned to his/her job duties, the employee's alcohol concentration must indicate a concentration below 0.02. I. CONSEQUENCES OF FAILING AN ALCOHOL AND/OR DRUG TEST: A positive result from a drug test will be cause for discipline up to and including termination. An alcohol test showing an alcohol concentration over .04 may result in disciplinary action, up to and including termination. If a covered employee is not terminated, the employee: 1. must be removed from his/her work duties for at least 24 hours; 2. must submit to an examination by a substance abuse professional. Upon a determination by the substance abuse professional, the employee may be required to undergo treatment for his/her alcohol or drug abuse. City of San Rafael is not required to pay for the treatment; 3. may not be returned to his/her work duties until the employee submits to a retum-to-duty controlled substance and/or alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less than 0.02 or a negative result on a controlled substance test; 4. will be required to submit to unannounced follow-up testing after he/she has been returned to his/her position. See section F(4) above. J. INFORMATION CONCERNING THE EFFECTS OF ALCOHOL AND CONTROLLED SUBSTANCES AND AVAILABLE METHODS OF INTERVENTION Attached to this Policy as Attachment B are Fact Sheets published by the Federal Transit Administration, addressing the effects of alcohol and the various controlled substances which are tested for under this Policy. K. CITY OF SAN RAFAEL EAP PROGRAM Employees should be aware that the City of San Rafael has established an Employee Assistance Program (EAP) to help employees who need assistance with alcohol and controlled substances abuse. \\Sr_fs1\User\DarylC\MAPF\City proposal Non -DOT Drug and Alcohol Policy - Child Care.doc EXHIBIT "A" CITY OF SAN RAFAEL DRUG & ALCOHOL TESTING - COLLECTION OF SPECIMEN The City of San Rafael currently uses METS, the City's occupational medical provider, as the collection clinic; and PharmChem Laboratories, Inc. is the laboratory the City has contracted with to conduct the tests. PharmChem provides to the collection clinic all the necessary supplies, including: • step -by step instructions for specimen collection, documentation and transportation; • shatterproof specimen bottles and self-sealing caps; • Chain of Custody forms; • barcode identification labels; • tamper proof security seals; • temperature sensors; • plastic bags to enclose specimens; and • absorbent material to prevent possible leakage. CHAIN OF CUSTODY. Chain of custody is the system used to ensure the security of each specimen and the integrity of each test result. PharChem's chain of custody procedures cover every element of drug testing, including specimen collection and documentation, specimen transportation to the laboratory, specimen receipt and accession, specimen testing, reporting of results, and storage of specimens and records.