HomeMy WebLinkAboutCC Resolution 7682 (Child Care Program Personnel)t
RESOLUTION NO. 7682
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR CHILD CARE PROGRAM PERSONNEL
WHEREAS, the City of San Rafael and Marin Association of
Public Employees S.E.I.U. - Local 949 Child Care Unit have met
and conferred with regard to wages, hours and working conditions
in accordance with the provisions of the Meyers-Milias-Brown
Act; and
WHEREAS, a Memorandum of Understanding dated February 10, 1988
and consisting of five pages and Exhibits A, B and C, has been
executed by duly authorized representatives for both parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of San Rafael as follows:
Section 1. From and after the date of adoption of this
Resolution, the City of San Rafael and the Marin Association
of Public Employees, S.E.I.U. Local 949, shall utilize the Memorandum
of Understanding dated February 10, 1988 as the official document
of reference regarding compensation and working conditions for
represented Child Care personnel.
Section 2. The schedule describing classes of positions
and salary ranges attached in Exhibits A and B to said Memorandum
of Understanding, together with the contract form and Memorandum
of Understanding itself, are hereby adopted and both shall be
attached hereto and incorporated in full.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of
said City on Tuesday the 16th day of February 1988,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
JJN-P M. LEONCI I, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN RAFAEL
AND THE CHILD CARE UNIT
I. TERM
This agreement shall be in effect from January 1, 1988,
through and including December 31, 1989.
II. SALARY
A. Effective January 1, 1988, a four percent (4%) salary
increase for all classifications covered by this
Memorandum of Understanding. (Exhibit A)
B. Effective January 1, 1988, a three percent (3%) equity
adjustment for the Child Care Director classification.
(Exhibit A)
C. Effective January 1, 1988, equity adjustment for the
Bookkeeper classification to achieve parity with the
Instructor II classification. (Exhibit A)
D. Effective January 1, 1988, creation of a Step D (fourth
step) in the salary range for Instructor I, which will
be five percent (5%) higher than Step C. (Exhibit A)
E. Effective January 1, 1989, a five percent (5%) salary
increase for all classifications covered by this
Memorandum of Understanding. (Exhibit B)
III. UNIT TITLE
This bargaining unit shall be referred to as the Child Care
Unit. Child Care employees covered by this Memorandum of
Understanding will be hired on a contract basis at the
appropriate salary and step, and the terms and conditions
of employment as contained in the attached contract
(Exhibit C). This includes the classifications of Child
Care Director, Child Care Instructors I and II, and Child
Care Bookkeeper, who work a twelve month year. Terms and
conditions are based on a 37.5 hour work week for Child
Care Directors and a 35 hour work week for Child Care
Instructors I and II and Child Care Bookkeepers.
IV. 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 posi-
tive evaluation from his/her supervisor. If said employee
COPY
does not qualify for a step increase after each year of
service, he/she will be considered for that increase upon
the completion of the minimum 700 hour requirement.
Employees in the classification of Child Care Instructor I
shall be eligible to receive a merit increase to Step B
after at least six months of satisfactory service, and
after having worked a minimum of 350 hours. Eligibility
for merit increase from Step B to Step C and from Step C to
Step D will continue to be in accordance with the first
paragraph of this Section IV.
V. INSURANCES
A. The City shall continue to contribute, on behalf of
those employees in the classification of Child Care
Center Director and Child Care Instructor II who are
scheduled to work 35 hours or more per week, and who
participate in the City's health insurance program, an
amount not to exceed the premium cost of covering a
single employee under the Kaiser Foundation Health
Plan.
B. Effective with adoption of this Memorandum of
Understanding, and as early as administratively pos-
sible, the City shall contribute, on behalf of those
employees in the classification of Child Care
Bookkeeper who are scheduled to work 35 hours or more
per week and who participate in the City's health
insurance program, an amount not to exceed the premium
cost of covering a single employee under the Kaiser
Foundation Health Plan.
C. Effective April 1, 1988, the City will provide a dental
insurance program for the employees in the classifica-
tion of Child Care Center Director. The City will pay
the total premium cost for the dental insurance program
for these eligible Child Care Center Director posi-
tions.
Vi. WORK WEEK
Effective the first full pay period after ratification of
this Memorandum of Understanding, the work week for the
Child Care Center Directors shall be scheduled to increase
from 35 hours per week to 37.5 hours per week.
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VII. PAID LEAVE
Effective January 1, 1988, all employees covered by this
Memorandum of Understanding shall begin to earn paid leave
on the basis of the schedule listed below.
1. One (1) day per month up to and including thirty-six
(36) months of continuous service;
2. One and one-half (1-1/2) days per month between thirty-
seven (37) and sixty (60) months of continuous service;
3. Two (2) days per month for sixty-one (61) or more
months of continuous service.
A day of paid leave shall be based on the daily hours an
employee has contracted to work, and may be accumulated to
a maximum of eighteen days.
VIII. PROBATION
All employees hired on or after January 16, 1986, shall be
required to serve a probationary period, as follows:
1. For the employees in the classification of Child Care
Instructor I, six months.
2. For all other employees, one year.
IX. TEMPORARY PROMOTIONS
Employees assigned to work out of class and perform the
work of a Child Care Center Director for a period of two
(2) weeks or longer will be compensated at an hourly rate
five percent (5%) greater than the employee's current rate,
or 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.
X. CLASSIFICATION SPECIFICATIONS
The City and the Union agree that the classification
specifications developed as a part of this meet and confer
process, and dated January, 1988, accurhtely describe the
job classes covered by this Memorandum of Understanding.
XI. 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.
- 3 -
XII. MATERNITY/PATERNITY BENEFITS
Employee shall be entitled to the same maternity/paternity
benefits given regular City employees.
XIII. HOLIDAYS
Employee shall be granted the following holidays:
January 1st, third Monday in January (Martin Luther King
Day), third Monday in February, last Monday in May, July
4th, first Monday in September, November 11th, Thanksgiving
Day, day after Thanksgiving, December 25th.
XIV. 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.
XV. GRIEVANCE PROCEDURE
Chapter 16 of the City of San Rafael Rules and Regulations,
titled "Grievance Procedure", shall be followed should
employee wish to initiate a grievance as defined in those
Rules.
XVI. INSPECTION OF MEMORANDUM
Both the City and the Union agree to keep duplicate
originals of this Memorandum on file in a readily acces-
sible location, available for inspection by any employee or
member of the public upon request.
XVII. EXISTING LAWS, REGULATIONS AND POLICIES
This Memorandum is subject to all applicable laws.
XVIII. 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 agree-
ment shall be settled by established procedures set forth
in the City's charter, ordinances and regulations, as may
be amended from time to time.
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XIX. FULL UNDERSTANDING, MODIFICATION, WAIVER
1. The parties jointly represent to the City Council that
this Memorandum of Understanding sets forth the full
and entire understanding of the parties regarding the
matters set forth herein.
2. Except as specifically otherwise provided herein, it is
agreed and understood that each party hereto volun-
tarily 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 agree-
ment with respect to any subject matter within the
scope of meeting and conferring for a proposed
Memorandum of Understanding between the parties, to be
effective on or after December 31, 1989.
XX. 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.
XXI. PREVAILING RIGHTS
All matters within
the scope
of meeting
and conferring
which have previously been adopted through
rules, regula-
tions, ordinance or
resolution,
which are
not specifically
superseded by this
Memorandum
of Understanding,
shall
remain in full force
and effect
throughout
the term of this
agreement.
Dated February 10, 1988
MARIN ASSN. OF PUBLIC EMPLOYEES
S.E.I.U./Local No. 949
BY
Beth Winters, r
Senior Field Representative
- 5 -
CITY OF SAN RAFAEL
Bye, M� G '217 /t'
Suzan Golt
Assis ant to the City Manager
William Scharf
Employee Representa ve
IMA4V�k 414,
Melanie Rieth
Employee Representative
Sharon McNamee
Recreation Director
Nancy P rcy
Recreation Supervisor
Dar -11C h a Xnd I e r
Personnel Analyst
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EXHIBIT "C"
A G R E E M E N T
THIS AGREEMENT made and entered into this day of ,
198_ , by and between the CITY OF SAN RAFAEL, hereinafter referred to as "CITY"
and , hereinafter referred to as "EMPLOYEE."
WITNF.S1;ET)1
WHEREAS, the CITY, in order to provide Child Care Services to its residents
determined to employ qualified individuals for a fixed term to administer and/or
provide program servicesl and
WHEREAS, t)ie City's collective bargaining agreement with the Marin
Association of Public Employees S.E.I.U. - Local 949 - Child Care Unit (MAPE)
provides for certain wages, hours, and terms and conditions of employment:
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties hereby agree as follows:
1. The CITY hereby employs EMPLOYEE to serve as a contract employee in the
position of (Child Care Director) (Child Care Instructor I c II) (Child
Care Bookkeeper) as funds are available from the date hereof
to , 19R_.
2. EMPLOYEE agrees to perform the services required as set forth in the
appropriate job description incorporated herein by reference.
3. In consideration of EMPLOYEE performing these services as (Child Care
Director) ( ) (Child Care Bookkeeper) he/she shall be
compensated as follows: $ / (hour) for
hours/weeks S / (month) commencing on the date hereof, said
compensation being incorporated as part of Section I of City of San
Rafael Resolution No. 6377 pertaining to the compensation for Child Care
Employees.
EMPLOYEE shall be paid twice each month on the business days falling on
or nearest the fifteenth (15th) and the last day of the month in the
same manner as full-time permanent employees of the City of San Rafael.
4. Benefits will be available based upon a payroll deduction plan whereby
employee may select desired benefits from available plans, the cost of
which will be borne by the employee.
Health Care. Effective April 1, 1986, the City shall contribute on
behalf of those employees in the classification of Child Care Center
Director who are scheduled to work thirty-five hours or more per week and
who participate in the City's health insurance program an amount not
to exceed the premium cost of covering a single employee under the Kaiser
Foundation Health Plan.
Effective January 1, 1987, the City shall contribute on
behalf of those employees in the classification of Instructor II/Child
Care who are scheduled to work thirty-five hours or more per week and
who participate in the City's health insurance program an amount not to
exceed the premium cost of covering a single employee under the Kaiser
Foundation Health Plan.
closed and its programs terminated or consolidated with other centers.
In the event this occurs, EMPLOYEES, who work at the closed
program/facility shall be considered for transfer to another like
position in an operating child care facility based upon a review of
their performance evaluations and seniority in accordance with Chapter
B, Section 3 of the City Rules. Performance evaluations ■hall be
written at least annually.
13. Incorporation of these portions of the Rules is for ease and simplicity
and in no way implies incorporation of the remainder of the body of
those Rules.
14. CITY and EMPLOYEE may extend, by mutual written agreement, the same
terms and conditions of this Agreement for an additional period as
deemed necessary.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the
day and year first written above.
ATTEST:
JEANNE M. LEONCINI,
City Clerk
CITY OF SAN RAFAEL
Standard form contract approved
by City Attorney in August 1984.
EMPLOYEE
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