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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. - 2 - 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. - 4 - 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. 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(D n C- a a (D c a C (� 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 MC ti