HomeMy WebLinkAboutHR MOU SEIU Childcare 2013CITY OF Agenda Item No: 3. d
Meeting Date: December 2, 2013
I I r
Prepared by: Anil Comelo, or City Manager Approva)qwl�&-(i
I I I I I III I I I I I n A 1111 1 1 1 1 1 1 1 11 1 11 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1
SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO
COMPENSATION AND WORKING CONDITIONS FOR SEIU LOCAL 1021 - CHILDCARE
UNIT (NOVEMBER 1, 2013 THROUGH OCTOBER 31,2015)
BACKGROUND: Since 2008, the City of San Rafael has had to make significant budget balancing,
decisions to deal with the impacts of the national recession. Some of the personnel -related steps taken to
help address the City's deficit include work furloughs and/or pay reductions, an early retirement program,
a hiring freeze, layoffs and other actions. Employees have participated in concessions for the last four
years. These concessions were negotiated and agreed to with the bargaining units in an effort to reduce
costs during years of significant budget deficits. For the last two years, the value of the concession
equaled a 4% reduction in Total Compensation. The most recent MOUs expired on October 31, 2013.
For the past two months, representatives of the City and SEW Childcare unit met in good -faith and worked
diligently to negotiate a new labor MOU. Both sides recognized the impact of the recent recession on the
City's finances as well as the prior concessions agreed to by City employees. The resulting labor
agreement addresses several important issues and does not include a salary increase during this one
year agreement. However, the agreement provides a modest increase in benefits.
ANALYSIS:
The following reflects highlights of the tentative agreement of the City that is consistent with the guidelines
authorized by the City Council.
1. Term of the Agreement: Two year term. From November 1, 2013 through October 31, 2015.
2. Salary Increase: There will be no salary increase for job classes represented by this bargaining
group during the term of this MOU.
3. Pension- Bargaining group members who receive MCERA pension will increase pension
2
contributions by 1 % of pensionable compensation. This will be off -set by increased City contributions
toward medical benefits by the same amount.
FOR CITY CLERK ONLY
File No.:
Council Meeting: 1,�_J
Disposition:
SAN RAFAEL CITY C("CIL AGENDA REPORT / Pau: 2'-
4. Medical Benefits: Effective the December 15, 2013 paycheck the flex dollar allowances will increase
as follows:
From To
For employees only: $ 667.00 $ 702.00
For employee + 1 $ 945.94 $ 995.00
For family $ 945.94 $17020.00
Effective the December 15, 2014 paycheck the flex dollar allowances will increase as follows -
From To
For employees only: $ 702.00 $ 723.00
For employee + 1 $ 995.00 $17025.00
For family $11020.00 $17051.00
FISCAL IMPACT:
The agreement will result in a Total Compensation increase of approximately 0.6% ($16,000) for the two-
year agreement.
OPTIONS:
• Approve the Resolution to implement the above recommendations.
0 Request changes to the recommendations.
• Direct staff to develop alternatives to the recommendations.
ACTION REQUIRED:
Adopt Resolution as presented.
ATTACHMENTS:
• Resolution Regarding the Requested Actions.
• MOU between City of San Rafael and SEIU Childcare unit for November 1, 2013 to October 31,
2015
• Tentative Agreement between the City of San Rafael and Service Employees International Union
(SEIU) Local 1021 Childcare Unit dated November 14, 2013
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)
PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SEIU LOCAL 1021 -
CHILDCARE UNIT (NOVEMBER 1, 2013 THROUGH OCTOBER 31, 2015)
WHEREAS, the CITY has had to make significant budget balancing decisions to deal
with the impacts of the national recession; and
WHEREAS, the City of San Rafael and representatives of SEIU CHILDCARE UNIT
have met and conferred in good faith with regard to wages, hours and working conditions in
accordance with the provisions of the Meyers -M i I ias- Brown Act; and
WHEREAS, both sides recognize the impact of the recent recession on the City's
finances as well as the concessions agreed to by City employees over the past several years;
and
WHEREAS, the SEIU CHILDCARE UNIT ratified the tentative agreement dated
November 14, 2013 on November 21, 2013; and
WHEREAS, a Memorandum of Understanding pertaining to the two year period from
November 1, 2013 through October 31, 2015 was ratified by SEIU CHILDCARE UNIT on
November 21, 2013.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: From and after the date of adoption of this Resolution, the City of San
Rafael and SEIU CHILDCARE UNIT shall utilize the Memorandum of Understanding for
the period beginning November 1, 2013, attached hereto, as the official document of
reference respecting compensation and working conditions for employees represented by
SEIU CHILDCARE UNIT.
Section 2: The schedules describing classes of positions and salary ranges are
attached to said Memorandum of Understanding and, together with the Memorandum of
Understanding itself, are hereby adopted and shall be attached hereto and incorporated
in full.
1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 2 nd of December, 2013, by the following
vote, to wit:
AYES: Councilmembers: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips
Esther C. Beirne, City Clerk
TENTATIVE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 (CHILDCARE UNIT)
RE: SUCCESSOR MEMORANDUM OF UNDERSTANDING
November 14,,2013
The following document contains the Tentative Agreement between the City Of San Rafael (hereinafter
called "City") and the Service Employees International Union (SEIU) Local 1021 ("Union") (hereinafter
collectively called "the parties") on wages, hours and terms and conditions of employment for the
Childcare Unit. The salaries, hours, fringe benefits and working conditions set forth have been mutually
agreed upon by the designated bargaining representatives of the City and the Union, and will apply to all
workers covered by the Memorandum of Understanding (MOU) between the City and the Union.
Upon ratification and adoption, this Agreement will amend the MOU between the parties dated
November 1, 2011— October 31, 2013.
This amended MOU shall supersede all other Memoranda of Understanding and Agreements between
the parties. Any MOU language not amended by this Agreement will remain unchanged. The parties
agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not
agreed to are hereby withdrawn by the parties.
The parties have met and conferred and tentatively agree to the following, subject to ratification of the
bargaining unit and adoption by the City Council of San Rafael:
FOR THE CITY FOR THE UNION
"-i -1 `5
Date: Date: KT
Approved: Ratified:
Date: Date:
TENTATIVE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 (CHILDCARE UNIT11
RE: SUCCESSOR MEMORANDUM OF UNDERSTANDING
November 14, 2013
TERM: Two year agreement (November 1, 2013 — October 31, 2015).
RESTORE CONCESSIONS: Restore 3.16% salary reduction. No unpaid time off in 2013 and 2014.
3.1 GENERAL WAGE INCREASE Formatted: Font: Not Bold, Underline
this Of
6.2 UNPAID TIME OFF
of this e-sutqect to fo
PENSION COST SHARING: Employees will pay an additional 11 of pensionable compensation toward the
normal cost of pension, as follows:
4.5 RETIREMENT CONTRIBUTION
4.5.2 City Paid Employee Retirement (City Paid Member Contribution)
Bargaining unit, members shall pay the full share of the employee's contribution to the Marin
County Retirement System. The employee's share of their contribution shall be paid by the
employee through automatic payroll deductions. Effective when feasible in accordance with
MCERA and City administrative requirements, all unit employees will Day an additionai
contribution of one percent (1%) of pensionable compensation toward the normal cost of
pension provided by the Marin, Coun.ty--mplQv-Re-ti-re.m-e-nt -As - socia - t - ion n -_ addition othe
--- to - he
current employee contribution towards pension as determined by MCERA. The City of San
Rafael acknowledges that under its current practice, the employees' share of their retirement
contribution is deducted with pre-tax dollars. This practice will continue until changed through
the Meet and Confer process or until IRS regulations change.
CAFETERIA PLAN ALLOWANCE INCREASE: Effective December 15, 2013, increase of one percent (1%) of
pensionable compensation applied to cafeteria plan allowance as follows, in exchange for 1% pension
cost sharing described below.
4.2 HEALTH & WELFARE
4.2.1 Full Flex Cafeteria Plan
The monthly flex dollar allowance effectiveJapti- �rt,--2_LQ�_December 15, 2,C1,11-3 is:
For employee only: $ 66-_702
1
For employee and one dependent: $ 945_29
]I
TENTATIVE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 (CHILDCARE UNIT)
RE: SUCCESSOR MEMORANDUM OF UNDERSTANDING
November 14, 2013
For employee and two or more dependents: $ 9,415 1020
Effective December 15, 2014, employees will receive six tenths percent (0.6%) total compensation
toward the cafeteria plan allowance, as follows:
The monthly flex dollar allowance effective Jaauary 1, 2W_=sDe.cerrber 15, 212014 is:
For employee only: $-45 - 723
For employee and one dependent: $ 94-55, 1,0255
For employee and two or more dependents: $ 9 4 45 -.,05 1
DISCIPLINARY APPEAL ARBITRATION: Eliminate Arbitration for levels of discipline lower than discharge.
7.1 DISCIPLINARY ACTION
7.1.3 Disciplinary Action and Appeal
After hearing the response of the employee the Department Director may order that the
proposed disciplinary action or modification thereof be imposed. The decision, of she
Department Director shall be Final and binding for susoensions oF five days oi, less. f -or ,
suspensions of more than five days, demotions, -eduction in paxj, and terminations, 'k -Thereafter,
the employee shall notify the City within ten (10) days a ppea I ane
matter to Step 4 (Arbitration) of the Grievance Procedure. The matter shall then proceed in
accordance with the Grievance Procedure.
PAY ISSUE: SEIU asserts that employees in the bargaining unit did not receive pay for one day per year in
2011 and 2012, and that the City's current pay practices will result in employees losing pay for an
additional day worked each year in 2013, 2014 and 2015. The City has reviewed its pay practices and
does not agree that the Union's claim is valid, as employees are paid on a work period basis and for all
days worked within a work period. The City asserts that employees have been accurately paid for all
days worked in 2011 and 2012 and that its pay practices are accurate and lawful. In order to amicably
settle this dispute and maintain positive labor relations, the parties agree that the terms of this tentative
agreement resolve the afore -mentioned pay dispute for 2011, 2012, 2013, 2014 and 2015. In exchange
for the terms of this Agreement, employees in the Childcare bargaining unit waive and release any and
all rights to bring any administrative or civil claim, including under the FLSA, against the City.
PARKING ISSUE: The City agrees to study the issue of employee parking at the Parkside preschool site
during the term of the agreement.
MOU LANGUAGE CLEAN- UP: to be discussed by the parties during the term of the agreement. MOU
Clean Up to include the following:
OEM=
fk�
TENTATIVE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 10 21 (CHILDCARE UNIT)
RE: SUCCESSOR MEMORANDUM OF UNDERSTANDING
November 14,,2013
PEPRA:
Employees hired by the City on or after January 1, 2013 who are defined as "new
members" of MCERA in accordance with the Public Employees' Pension Reform Act
(PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous
members. The employee is responsible for paying the employee contribution of half of
the total normal cost of the plan, as defined by MCERA, through a payroll deduction.
Final compensation will be based upon the highest annual average compensation
earnable during the thirty six (36) consecutive months of employment immediately
preceding the effective date of his or her retirement or some other period designated
by the retiring employee. (Sections 4.5.3, 4.5.4, 4.5.5)
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1 i111:41 i
k I I 1� ill 1 9♦ � 1 MM V M I
1
1ill s'Ill
November 1, 2013 through October 31, 2015
11 CIA 1 11- Leff'] Z k C4 IL k
I
GENERAL PROVISIONS ---------------------------------------.|
1-1
NNTRODuCTIOm----------------------------------------------.|
1.1.1
Scope of Agreement ------------------------------------------.l
1.1.2
Term ofMOU............................................................................................................................................ |
1-2
RECOGNITION ............................................................................................................................................. l
1.2.1
Bargaining Und---------------------------------------------.l
1.2.2
Classification Specification ---------------------------------------\
1.2.3
Notice to Employees ------------------------------------------.|
1.2.4
Orientation Letters ................................................................................................................................... |
1-3
------------------------------------------..2
1.3.1
/nGeneral ......................................................................................................................................... --.2
1.3.2
Union Discrimination ------------------------------------------.2
1.4
INSPECTION OF MEMORANDUM OF U --------------------------.2
1.5
ExISn*G I./:ns,REGuLxnOmS & POLICIES ............................................................................................ 2
1-6
STRIKES & LOCKOUTS .............................................................................................................................. 2
1-7
SEVERABILITY ........................................................................................................................................... .?
1-8
PREVAILING RIGHTS .................................................................................................................................. 2
1-9
FULL UNDERSTANDING, MODIFICATION, WAIVER .................................................................................... 2
1.9.1
Understanding ----------___________________________________..2
1.9.2
Waiver & Modification ............................................................................................................................. 3
2
M11MBA........................................................................................................................................................... 3
2.1
UNION RIGHTS ........................................................................................................................................... 3
2.1.1
Union Stewards -------------------------------------..3
2.1.2
Bulletin Boards ......................................................................................................................................... 3
2.2
DUES DEDUCTION ...................................................................................................................................... 3
2.2.1
Collection ofDues ................................................................................................................................... 3
2.2.2
Dugs Collection during Separation from Employment -----------------_-----..4
2.2.3
Agency Shoo -----------------------------------------------4
2.3
MANAGEMENT RIGHTS .............................................................................................................................. 4
3.5.1
Educational --------------_-------_______________..6
3
COMPENSATION .................................................................................................................................... 5
3.1
GENERAL WAGE INCREASE ...................................................................................................................... 5
3.2
STEPINwCREASES....................................................................................................................................... 5
3.3
MERIT INCREASES ...................................................................................................................................... 6
3~4
SPECIFIED WAGE ADJUSTMENTS DIFFERENTIALS ---------------------------6
3.4.1
Salary Range Differentials ...................................................................................................................... 6
3.4.2
Split Shift Pay Differential ....................................................................................................................... 6
3.5
ADDITIONAL PAY ........................................................................................................................................ 6
3.5.1
Educational --------------_-------_______________..6
4
BENEFITS .................................................................................................................................................. 6
4.1
EMPLOYEE BENEFITS COMMITTEE ............................................................................................................ 6
4.2
HEALTH & WELFARE ................................................................................................................................. 6
4.2.1
Full Flex Cafeteria Plan ..................................................... .................................................................... 6
4.2.2
Retirees Health Insurance ................................ ........................................................................... ......... 7
4.2.3
Pro Rata Bene/it Rules ........................................................................................................................... 0
4.2.4
Health and Dependent Care Spending Accounts ...................................................... ........................ 8
4.2.5
Health Insurance Providers ................ ................................................................................................... 9
4.3
FLEx ALLOWANCE ADJUSTMENT ----------------------------------''q
4.4
DENTAL PLAN .......................................................................................................... ............................... g
4,4.1
Dental Plan ................................. ............................................................................................................. 9
4.5
RETIREMENT CONTRIBUTION ........................................ ............................................................................ V
4.5.2 City Paid Employee Retirement (City Paid Member Contribution) ................................................. lO
4.5.3 Retirement Plans ................................................................................................................................... lO
4.5.4 Member Cost of Living Rates .............................................................................................................. iO
4.5.5 Pension Costs ........................................................................................................................................ |O
4.6 DEFERRED COMPENSATION PLAm-----------------------------------.\O
4.7 STATE DISABILITY INSURANCE (SNDI)..................................................................................................... \O
5.1
SICK LEAVE .-----------------------------------------------\|
5.1.1
Eligibility ------------------------------------------------..l|
5.1.2
Sick Leave Accrual ................................................................................................................................
\\
5.1.3
Use ofSick Leave ..................................................................................................................................
l|
5.1.4
Advance ofSick Leave .........................................................................................................................
|2
5.1.5
Sen/ice Credit for Sick Leave ..............................................................................................................
|2
5.1.6
Compensation for Unused Portion ......................................................................................................
]2
5.2
VACATION LEAVE .--------------------------------------------l2
5.2.1
Eligibility ------------------------------------------------..\2
5.2.2
Rate mfAccrual ......................................................................................................................................
|2
5.2.3
Administration ofVacation Leave ........................................................................................................
|3
5.2.4
Vacation Cash -In ...................................................................................................................................
|3
5.3
HOLIDAYS .................................................................................................................................................
|4
5.3.1
Paid Holidays ..........................................................................................................................................
\4
5.4
OTHER LEAVE ......................................................................................................... ................................
|4
5.4.1
Bereavement Leave ------------------------------------------|4
5.4.2
Jury Duty .................................................................................................................................................
|4
5'4.3
Military Leave .........................................................................................................................................
|4
5.4.4
Leave ofAbsence Without Pay ...........................................................................................................
|5
5.4.5
Industrial Injury Leave ...........................................................................................................................
l5
5.4.6
Family Medical Leave ...........................................................................................................................
|5
5'4.7
Catastrophic Leave ...............................................................................................................................
l5
6
TERMS & CONDITIONS OF EMPLOYMENT .............................................................................
|0
6.1
HOURS OF WORK .....................................................................................................................................
|6
6.2
UNPAID TIME OFF --------------------------------------------l8
6-3
STAFF DEVELOPMENT /TRAIm|NG DAYS --------------------------------l6
6~4
OVERTIME ................................................................................................................................................
\6
6.5
COMPENSATORY TIME POLICY ................................................................................................................
)6
6.5.1
Accrual Limit ...........................................................................................................................................
|6
6.5.2
Overtime Rate ........................................................................................................................................
|6
8.5.3
Use &Carry Over ..................................................................................................................................
\6
6.6
PROBATION ..............................................................................................................................................
|8
6.7
TEMPORARY PROMOTIONS ......................................................................................................................
|7
6-8
PERSONNEL RuLES& REGULATIONS .....................................................................................................
|7
6.8.1
Harassment Policy .................................................................................................................................
|7
6.8.2
Drug & Alcohol Policy ...........................................................................................................................
|7
6_9
MISCELLANEOUS ........
17
6.9.1
CPR/ First Aid Training ........................................................................................................................
}7
6.9.2
Gratuities/ Solicitation of Contributions .............................................................................. --.........
|7
6.9.3
Labor/ Management Meetings ..................... ......... ............................................................................
l7
7
PROCEDURES ---------------------------------------------.|7
7.1
DISCIPLINARY ACTION ............. ............ ..................................................................................................
\7
7.1.1
Right to Discipline & Discharge ....... ...................................................................................................
\8
7.1.2
Preliminary Notice .............................................................................................................................. —\8
7.1.3
Disciplinary Action and Appeal ------------------------------------\0
7.2
GRIEVANCE PROCEDuRE----------------------------------------
\g
7.2.1
Definition .......................... ....... ........ ................ ...... .............................................................................
)9
7.2.3
Arbitration ...... ----------------------------------------------2U
7.2'4
General Provisions ................................................................................................................................
2O
7.3
VOLUNTARY TIME OFF (VTO) .................................................................................................................
2O
7.4
REDUCTION |mFORCE .--------_________________________________..21
7'4.1
Authority ------------------------------------------------..2\
7'4.2
Notice ......................................................................................................................................................
2|
7.4.3
Order ofLayoff .......................................................................................................................................
2l
7'4'4
Seniority ------------------------------------------------..2|
7'4.5
Bumping Rights .--------------------------------------------.2|
7.4.6
Transfer Rights ......................................................................................................................................
2l
7.5
--------------------------------------------22
7.5.1
General Guidelines .-------------___------____—_______________.22
7.5.2
Right to ---------------------------------------'2_2
7.5.3
Time Limits .............................................................................................................................................
22
7.5'4
A -----------------------------------------------.22
7.5.5
Probationary Status ...............................................................................................................................
22
LIST OF EXHIBITS
Exhibit Salary Schedule for November 1.2013—October 31'2015
NN
MEMORANDUM OF UNDERSTANDING
between the
CITY OF SAN RAFAEL and
SEIU LOCALCHILDCARE
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et seq.
of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for the employees in said representation unit, and have freely exchanged
information, opinions and proposals and have reached agreement on all matters relating to the
employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as
the joint recommendation of the undersigned parties for salary and employee benefit adjustments for
the period commencing November 1, 2013 and ending October 31, 2015.
1 GENERAL PROVISIONS
1.1 INTRODUCTION
1.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agree upon by
the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and the
Service Employees International Union (STIU) Local 1021 (herein -after called "UNION") and shall apply
to all employees of the City working in the classifications and bargaining unit set forth herein.
1.1.2 Term of MOU
This agreement shall be in effect from November 1, 2013 through October 31, 2015.
1.2 RECOGNITION
1.2.1 Bargaining Unit
The City hereby recognizes the Union as bargaining representative for the purpose of establishing
salaries, hours, fringe benefits and working conditions for all employees within the Child Care
Bargaining Unit (see Exhibit A attached)
1.2.2 Classification Specification
The City and the Union agree that the classification specifications developed as a part of this meet and
confer process, and dated January 1988, accurately describe the job classes covered by this
Memorandum of Understanding.
1.2.3 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, the City shall notify such
person that the Union is the recognized bargaining representative for employees in that classification.
1.2.4 Orientation Letters
The bargaining unit shall provide to the City a supply of Union Orientation letters.. The City shall
distribute said letter to all new employees covered by this Memorandum of Understanding during its
formal New Employee Orientation Process.
1.3 NON-DISCRIMINATION
1.3.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate against any person
whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual orientation,
marital status, medical condition or disability. Any employee alleging such discrimination should use
the internal administrative process explained in the City of San Rafael's Policy Against Harassment,
Discrimination and Retaliation to redress the situation. Such employees shall be entitled to Union
representation but are not entitled to seek redress using the grievance procedure of this MOU.
1.3.2 Union Discrimination
No member, official, or representative of the Union shall, in any way suffer any type of discrimination in
connection with continued employment, promotion, or otherwise by virtue of membership in or
representation of the Union.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Union agree to keep duplicate originals of this Memorandum on file in a readily
accessible location available for inspection by any employee or member of the public upon request.
1.5 ExiSTING LAws, REGULATIONS & POLICIES
This agreement is subject to all applicable laws of the State of California, ordinances, regulations, and
policies of the City of San Rafael.
1.6 STRIKES & LOCKOUTS
During the term of this Memorandum, the City agrees that it will not lock out employees, and the Union
agrees that it will not agree to, encourage or approve any strike or slowdown growing out of any dispute
relating to the terms of this Agreement. The Union will take whatever lawful steps are necessary to
prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters
of controversy within the scope of this Agreement shall be settled by established procedures set forth in
the City's charter, ordinances, and regulations, and may be amended from time to time.
1.7 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law,
or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision
hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby,
and the parties shall, if possible, enter into meet -and -confer sessions for the sole purpose of arriving at
a mutually satisfactory replacement for such article, paragraph or section.
1.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted through
rules, regulation, ordinance or resolution, which are not specifically superseded by this Memorandum of
Understanding, shall remain in full force and effect throughout the term of this Agreement.
1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER
Understanding
The parties jointly represent to the City Council that this Memorandum of Understanding set forth the
full and entire understanding of the parties regarding the matters set forth herein.
2.2.2 Dues Collection during Separation from Employment
5. Methods of financing;
6. Types of equipment or technology to be used;
7. To determine and/or change the facilities, methods, technology, means and size of the work
force by which the City operations are to be conducted;
8. To determine and change the number of locations, re -locations and types of operations,
processes and materials to be used in carrying out all City functions including, but not limited to,
the right (after effect bargaining) to contract for or subcontract any work or operation of the City;
9. To assign work to and schedule employees in accordance with requirements as determined by
the City, and to establish and change work schedules and assignments;
10. To relieve employees from duties for lack of work or other legitimate reasons;
11. To discharge, suspend, demote or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in City Personnel Rules and
Regulations and this MOU;
12. To determine job classifications and to reclassify employees;
13. To hire, transfer, promote and demote employees in accordance with this Memorandum of
Understanding and the City's Rules and Regulations;
14. To determine policies, procedures and standards for selection, training and promotion of
employees;
15. To establish and modify employee and organizational performance and productivity standards
and programs including but not limited to, quality and quantity standards; and to require
compliance therewith;
16. To maintain order and efficiency in its facilities and operations;
17. To establish and promulgate and/or modify rules and regulations to maintain order and safety in
the City which are not in contravention with this Agreement;
18. To take any and all necessary action to carry out the mission of the City in emergencies.
The City and the Union agree and understand that if, in the exercise of any of the rights set forth above,
the effect of said exercise of rights by the City impacts an area within the scope of representation as set
forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall
have the duty to meet and confer with the Union regarding the impact of its decision/exercise of rights.
2.4 COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than three (3) months before the
expiration date of this MOU, regarding the terms and conditions applicable to successor MOUs. The
process will be initiated by the Union through the submittal of potential meeting dates.
3 COMPENSATION
3.1 STEP INCREASES
Except as provided below, when considering a step increase for Child Care Program employees,
he/she must have at least one year of satisfactory service and have worked a minimum of 700 hours
during the preceding year and receive a positive evaluation from his/her supervisor. If said employee
does not qualify for a step increase after each year of service, he/she will be considered for that
increase upon the completion of the minimum 700 -hour requirement.
3.2 MERIT INCREASES
Employees at the maximum step of their salary range may be granted a merit performance award of
five percent (5%) above and beyond their salary range. A merit performance award may be effective
for up to one (1) year. A merit performance award may be withdrawn and is not a disciplinary action
and is not appealable.
3.3 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS
3.3.1 Salary Range Differentials
A 12.5% salary range differential between top step Instructor 11 and beginning step of Director and
create an 11% salary range differential between top step Instructor I and beginning step of Instructor 11.
3.3.2 Split Shift Pay Differential
Child Care workers covered by this MOU who have a two-hour or more break in shifts during the same
day will receive a .5 hour premium pay for that day.
3.4 ADDITIONAL PAY
3.4.1 Educational Reimbursement
An Educational Reimbursement Program is available to employees for courses that are: job related,
assist the employee in meeting State licensing requirements and/or prepare the employee for career
advancement in the child care field.
The reimbursement may not exceed 75% for the cost of the course, up to $300 per fiscal year
maximum. The Educational Reimbursement Program also includes an additional reimbursement of up
to $60 per fiscal year for professional membership dues for work-related organizations for employees.
To be eligible to receive reimbursement under this program the employee must:
a. submit a written request and receive prior approval from the Recreation Supervisor for the Child
Care Program
b. be regularly scheduled to work 20 hours or more per week
c. have completed initial probation before reimbursement is received; and
d. satisfactorily complete the course.
4 BENEFITS
4.1 EMPLOYEE BENEFITS COMMITTEE
Both parties agree to continue to utilize the Employee Benefits Committee for ongoing review of benefit
programs, cost containment and cost savings options. The Committee shall be made up of
representatives of SEIU, SEIU-Childcare, Association of Professional Employees (WCE)g Local 1 -
Confidential, Police, Police Mid -Management, Fire, Fire Chief Officers, Mid -Management and
Management employees.
4.2 HEALTH &WELFARE
4.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010, the City implemented a full flex cafeteria plan for active employees, in
accordance with ITS Code Section 125. Active employees participating in the City's full flex cafeteria
plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.
The monthiv flex dollar allowance effective January 1, 2011 is:
7-
ror employee only: $667
For employee and one dependent: $945
For employee and two or more dependents: $945
The monthiv flex dollar allowance effective December 15. 2013 is:
For employee only: $702
For employee and one dependent: $995
For employee and two or more dependents: $1,020
The monthiv flex dollar allowance effective December 15, 2014 is:
,-or employee only: $723
For employee and one dependent: $11025
For employee and two or more dependents: $1,051
NO TE.- For part time employee flex dollar allowances, see Section 4.2.3.
The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act
(PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex
dollar allowance is identified as the City's contribution towards PEMHCA. The balance of the monthly
flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the
terms of the cafeteria plan to purchase health, employee voluntary life insurance, and Healthcare and
Dependent Care expenses or may be converted to taxable income. For example, in calendar year
2013, a single employee 7 s monthly flex dollar allowance for health is $667; of that amount, $115.00 has
been designated by CalPERS as the City's monthly PEMHCA contribution in 2013. The balance of
$552 must be used to purchase other coverage as offered through the cafeteria plan or may be
converted to taxable income once the appropriate health elections have been made.
If an employee has health insurance coverage through a s po use/de pendent or a former employer and
provides proof of other coverage to the Human Resources Department, the employee may elect to
waive the City's health insurance coverage, the employee shall receive $200 in flex dollars in
accordance with the terms of the cafeteria plan. The City reserves the right to modify at any time, the
amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan
regulations.
Effective January 1 1 2010, the City shall be responsible for paying premiums for a life insurance and
Accidental Death and Dismemberment (AD&D) policy for each employee. The life and AD&D policy
shall provide a $5,000 life insurance and a $5,000 AD&D benefit.
Effective January 1 1 2010, the City shall be responsible for paying premiums for a Long Term Disabilitl
Policy for each employee that satisfies the eligibility provisions of the long term disability policy. The
Long Term Disability policy shall provide for salary replacement of 66.67% of an individual's salary up
to a maximum disability benefit of $1,000 per month.
4.2.2 Retirees Health Insurance
Employees represented by the Union who retire from the Marin County Employees' Retirement
Association (MCERA) within 120 days of leaving their City of San Rafael position (and who comply wit
the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue i
the City's retiree group health insurance program offered through PEMHCA. The City's contribution
towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on
an annual basis. 11
a. Longevity Payment for Employees hired on or before January 1, 2010
The City shall make a monthly longevity payment into a Retiree Healthcare Reimbursement
Trust (Retiree HRA Trust) on behalf of employees hired before January 1, 2010 and who
retire from the City of San Rafael as described in this Section. The City's monthly
contribution to the Retiree HRA trust shall not exceed $543 per month. The City's
contribution towards a retiree's Retiree HRA Trust account shall continue for the lifetime of
the retiree and retiree's spouse, in accordance with PEMHCA eligibility provisions for
coverage.
b. Employees hired on or after January 1, 2010 and who meet the eligibility requirements for
retiree health insurance are eligible to continue in the City's group health insurance
program. The city's maximum contribution towards retiree coverage under this subsection,
3.1.5 B, shall be the PEMHCA minimum contribution as determined by CalPERS on an
annual basis. The City shall not be responsible for making any contributions towards the
cost of coverage of the retiree's spouse, registered domestic partner, or dependents upon
the employee's retirement from the City in excess of the PEMHCA minimum contribution as
required by CalPERS.
The City shall additionally make available a retiree health care trust to enable these
employees hired on or after January 1, 2010 to prefund retiree health care premiums while
employed by the City. The retiree health care trust shall be funded by annual conversion of
50 hours of sick time in service on July 1 of each year, provided an employee has a
remaining balance of 75 hours of sick leave after the conversion.
Employees covered by this Agreement who work less than full time but more than twenty (20) hours per
week on a regular basis shall be eligible to receive: a) pro rated leave benefits; b) a pro rated share of
the monthly dollar contribution made by the city to be used for enrollment in city offered group health,
life, and long term disability insurance plans which the employee may be eligible for based upon the
regular hours the employee works, and c) pro rated share shall be equivalent to the part time employee
position's ratio of hours worked to full time equivalency.
For those part time employees hired prior to January 1, 2010, the flex dollar allowance shall be pro-
rated based off of $909 per month. For those electing "Employee Only" coverage, the maximum benefit
for these part time employees shall be $650 per month.
4.2.4 Health and Dependent Care Spending Accounts
City will offer as part of its Section 125 Plan for as long as such a plan is desired by the Union and
available pursuant to the IRS Code a Health and Dependent Care Spending Accounts. The Flexible
Spending Accounts offered by the City include:
a. Mealthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code
effective January 1, 2003 at IRS Code limit, not to exceed $5,000. Employees are responsible
to pay the monthly administrative fee and any increase established by the third party
administrator.
b. Dependent Care Spending Accounts: Dependent care expenses that qualify under the IRS
Code at the IRS Code limit. Employees are responsible to pay the monthly administrative fee
and any increase established by the third party administrator.
c. Premium Only Plan: Excess Medical premiums shall be deducted from employee's pay with pre-
tax dollars as long as such deduction is allowable under the applicable IRS Code.
City shall establish annual enrollment period and each employee must re -enroll annually for either plan
noted in a. and/or b. City shall have the authority to implement changes to the 125 Programs to comply
with changes in applicable IRS laws without having to go through the meet and confer process.
Health Insurance Providers
The City shall have the option, after meeting and consulting with representatives of the Union Stewards'
Council, of either contracting with the Public Employees Retirement System (PERS) Health Benefits
Division for health insurance or contracting directly with some or all of the providers of health insurance
under the PERS program; provided, however, contracting directly with the providers shall not cause any
material reduction in insurance benefits from those benefits available under the PERS program.
.5.2 City Paid Employee Retirement (City Paid Member Contribution]
Bargaining unit, members shall pay the full share of the employee's contribution to the Marin County
Retirement System. The employee's share of their contribution shall be paid by the employee through
automatic payroll deductions. Effective when feasible in accordance with MCERA and City
administrative requirements, all unit employees will pay an additional contribution of one percent (1 %)
of pensionable compensation toward the normal cost of pension provided by the Marin County
Employees Retirement Association, in addition to the current employee contribution towards pension as
determined by MCERA.
The City of San Rafael acknowledges that under its current practice, the employees' share of their
retirement contribution is deducted with pre-tax dollars. This practice will continue until changed
through the Meet and Confer process or until IRS regulations change.
4.5.3 Retirement Plans
On January 1, 2007, the City shall provide the Marin County Employee Retirement Association 2.7% at
55 -retirement program to all eligible miscellaneous members, as defined under the 1937 Act
Government Code Section 31676, subject to Marin County Employee Retirement Association
procedures and regulations and applicable 1937 Act laws that govern such plans. This is based on an
employee's single highest year of compensation.
Employees hired on or after January 1, 2012, will receive an MCERA retirement benefit at the formula
2% at 55, calculated based on the average of their highest three years of compensation, in accordance
with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. Minimum
retirement age is 55.
Employees hired by the City on or after January 1, 2013 who are defined as It new members" of MCERA
in accordance with the Public Employees' Pension Reform Act {PEPRA) of 2013, shall be enrolled in
the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the
employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a
payroll deduction. Final compensation will be based upon the highest annual average compensation
earnable during the thirty-six (36) consecutive months of employment immediately preceding the
effective date of his or her retirement or some other period designated by the retiring employee.
(Sections 4.5.3, 4.5.41 4.5.5)
4.5.4 Member Cost of Living Rates
Effective January 1, 2007, bargaining unit members who are eligible to participate in the Marin County
Employee Retirement Association will pay their full share of members' cost of living rates as allowed
under Articles 6 and 6.8 of the 1937 Retirement Act. Contribution rates include both the basic and
COLA portions (50% of COLA is charged to members as defined in the 1937 Act).
4.5.5 Pension Costs
Within the time period covered by this MOU, representatives of the City and the Union will continue to
meet on the subject of reducing pension cost.
4.6 DEFERRED COMPENSATION PLAN
Child Care Unit employees who are contracted to work 35 hours or more each week are eligible to
participate in the City's Deferred Compensation Plan.
4.7 STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically deducted from their
paycheck and no City contribution will be made toward participation in the plan.
IUJ
It is incumbent upon the employee to keep the City advised of their medical status, within HIPAA
guidelines, and eligibility for SDI. With this notification, SDI benefits, as determined by the State, shall
be integrated with accrued sick and vacation leave in the following manner:
a. Employee notifies supervisor of disability and need for time off. At the same time employee files
for SDI through the State Office.
b. Supervisor verifies from leave records the employee's accrual balances and projects whether or
not employee would, under normal circumstances, be placed in a leave without pay status
during the time off period.
c. Personnel Action Report (PAR) is completed by the supervisor to document request and
approval of extended leave.
d. Human Resources Department, on receipt of the PAR, contacts employee and supervisor to
discuss availability of coordination of SDI with leave benefits.
e. Employee's time off is recorded as sick leave and then, if necessary, vacation leave on time
cards submitted by the supervisor to the Payroll Office.
f. Upon receipt of the SDI checks, the employee endorses the checks over to the City of San
Rafael to receive credit.
g. Based upon the employee's hourly rate of pay, the Payroll Office computes how much used sick
and/or vacation leave time the employee may buy is and credits the employee with those
hours. NOTE: The employee may not buy back more than they accrued at or during the time of
the disability.
h. The Human Resources Department, after notification from Payroll, notifies the employee when
they have used all accrued sick and/or vacation time and when leave without pay status
(LWOP) begins. Once the employee is on LWOP, they would keep any SDI checks received
and would be fully responsible for the monthly health, dental and life insurance premiums
(except during qualifying FMLA/CFRA leave) if they choose to remain in the group plans.
5 LEAVES
SICK LEAVE
Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave does not accrue to those
working on a temporary, intermittent or seasonal basis. Sick leave shall not be considered a privilege
which an employee may use at employee's discretion, but shall be allowed only in case of necessity
and actual sickness or disability. The employee is required to notify employee's immediate supervisor
or Department Director according to department rules and regulations at the beginning of his/her daily
duties. Every employee who is absent from his/her daily duties for two (2) or more consecutive days
may be requested by the supervisor to provide a physician's certificate. The inability or refusal by said
employee to furnish the requested information, as herein required, shall constitute good and sufficient
cause for disciplinary action, including dismissal.
5.1.2 Sick Leave Accrual
Eligible employees shall earn sick leave credits at the rate of one (1) working day per month
commencing with the date of employment (based on the daily hours an eligible employee has
contracted to work).
5.1.3 Use of Sick Leave
IN
at the following rate for continuous service: Each service year on the chart begins in the first workin
day and ends on the last day of the service year. i
SERVICE YEAR ANNUAL ACCRUAL
1
10 days
2
10 days
3
10 days
4
15 days
5
15.75 days
6
16.50 days
7
17.25 days
8
18.00 days
9
18.75 days
10
19.50 days
11
20.00 days
12 21.00 days
13 22.00 days
14 23.00 days
15 24.00 days
16 plus 25.00 days
Note: Vacation accrual rates shall be based on the daily hours an employee has contracted to work. If
the employee's work day is six (6) hours, the employee will accrue ten (10) six -hour vacation days.
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance vacation
credits to any permanent regular and permanent part-time employee. The time at which an employee
may use his accrued vacation leave and the amount to be taken at any one time shall be determined by
the employee's Department Director with particular regard for the needs of the City but also, insofar as
possible, considering the wishes of the employee.
In the event that one or more City holidays fall within an annual vacation leave, such holidays shall not
be charged as vacation leave and the vacation leave shall be extended accordingly.
Employees who resign from City service shall be paid in a lump sum for all accrued vacation leave
earned prior to the effective date of termination.
The vacation accrual cap for all employees accruing vacation shall be 250 hours.
Vacation Cash -In
An employee who has taken at least ten (10) days of vacation in the preceding twelve (12) months may
request, in May or November in any fiscal year, that accrued vacation. not to exceed seven (7) days, be
a
converted to cash payments and the request may, be granted at the discretion of the City Manager.
Employees cannot cash in more than seven (7) days of vacation in any one twelve (12) month period.
5.3 HOLIDAYS
5.3.1 Paid Holidays
Employees shall be granted the following holidays:
January 1st
New Year's Day
The third Monday in January
Martin Luther King Jr. Day
The third Monday in February
Washington's Birthday
March 31St
Cesar Chavez 'Day
The last Monday in May
Memorial Day
July 4th
Independence Day
The first Monday in September
Labor Day
November 11 th
Veteran's Day
The fourth Thursday in November
Thanksgiving Day
The fourth Friday in November
Day after Thanksgiving
December 25th
Christmas I Day
At the discretion of the Recreation Supervisor for the Child Care Program, the celebrated City holidays,
noted above, will be coordinated with the public schools served by the Child Care Centers and/or those
holidays failing on a Saturday or Sunday will be observed on either the Friday before or the Monday
after pursuant to the City's annual holiday schedule. Part-time employees will be paid for holidays on a
pro -rated basis.
5.4 OTHER LEAVE
5.4.1 Bereavement Leave
In the event of the death of an employee's spouse, child, parent, brother, sister, registered domestic
partner, grandchild, grandparent, in-laws, relative who lives or has lived in the home of the employee to
such an extent that the relative was considered a member of the immediate family and/or another
individual who has a legal familial relationship to the employee and resided in the employee's
household, up to three (3) days within the State and up to five (5) days out-of-state may be granted for
bereavement leave.
In those cases where the death involves an individual who had such a relationship with the employee,
as defined above, the employee shall sign a simple affidavit describing the relationship and submit this
to the Department Director as part of the request for bereavement leave.
5.4.2 Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with pay from their
assigned duties until released by the court.
, provided that the employee provides advance notice to the
Appointing Authority and remits to the City all per them service fees except mileage or subsistence
allowance within thirty days from the termination of such duty.
5.4.3 Military Leave
14
5.4.6 Family Medical Leave
Union members agree to adhere to the provisions of the City's Family Medical Leave Policy which is
available on the City's Intranet Website.
5.4.7 Catastrophic Leave
Catastrophic Leave shall be in accordance with City Catastrophic Leave Policy which is available on
the City's Intranet website.
IN
I I 11�1:11111I 1111 111 1`111111111154ilz 1 0 1, 1 n ki
6.1 HOURS OF WORK
The work week for Child Care Center Directors shall be 37.5 hours per week and 35.0 hours per week
for Child Care Instructors I and 11.
Within the hours of operation, changes in the days or hours of the regular work schedule of an
employee shall be posted at least seven (7) days in advance. No advance notice to employees by the
City of schedule changes will be required when changes occur as a result of work related emergencies,
i.e., multiple sicknesses, disabilities or injuries; or staff shortage occurring less than seven days in
advance or due to unplanned changes in school operations or schedules beyond the control of the City
6.2 STAFF DEVELOPMENT I TRAINING DAYS
Effective July 1, 1995, four (4) days of staff development/preparation will be provided per fiscal year.
The scheduling of these days during the fiscal year will be accomplished through the recommendation
of the Child Care Center Directors and approval of the Recreation Supervisor for the Child Care
Program.
6.3 OVERTIME
Overtime shall mean actual time worked beyond the standard scheduled workday or work week used
for full-time employees as defined per job classification. A work or duty week shall be defined as seven
(7) consecutive calendar days, beginning 0001 hours Sunday through 2400 hours Saturday.
Overtime is compensable to the nearest half-hour, and must have prior authorization and approval of
the Department Director.
6.4 COMPENSATORY TIME POLICY
With the Department Director's approval, compensatory time, in lieu of overtime pay, may be taken
subject to the following rules:
6.4.1 Accrual Limit
Upon accrual of time, five (5) days or forty (40) hours of compensatory time, employees shall be paid
overtime at a rate of time and one-half of their base salary rate for hours worked and may not accrue
additional compensatory time.
6.4.2 Overtime Rate
Employees who work overtime must be paid at the rate of time and one-half or may accrue
compensatory time at a rate of time and one-half subject to the limitations in 0.4.1. Employees who
elect compensatory time must take the time off, preferably within the quarter during which it was
earned.
6.4.3 Use & Carry Over
All compensatory time earned during the fiscal year must be used by June 30t"' of that year with one
exception. Upon the recommendation of the supervisor and approval of the Department Director,
employees may carry over up to forty (40) hours of compensatory time provided it is taken within the
following quarter (7-1 to 9-30).
6.5 PROBATION
IV
Right to Discipline & Dischargd
V
7.2.1 Definition
1. Grievance is a dispute, which involves the interpretation or application of any provision of this
Memorandum of Understanding. All ordinances, resolutions, rules and regulations, which are
not specifically covered by the p
2. Day shall mean any that the City Office is open for business, excluding Saturdays, Sundays an*
the holidays recognized by the City.
3. Grievant may be an individual employee or a group of employees or the Union on the behalf of
a group of employees or the Union on its own behalf on matters involving the City and Union
relationship.
4. Time limalts begin with the day following the event causing the grievance or the day following
receipt of a grievance decision.
7.2.2 Procedure
Step I
Within seven (7) days of when the grievant knew or should have known of the act or omission
causing the grievance, the grievant shall present either in writing or verbally a clear and concise
statement of the grievance to the immediate supervisor.
Within five (5) days thereafter, the immediate supervisor shall investigate and respond to the
allegations of the grievant.
Step 2
If the grievant is not satisfied with the resolution at Step 1, the grievant must reduce the grievance
to writing and present it to the Department Director within five (5) days.
The written grievance shall contain a statement of facts about the nature of the grievance, and shall
identify the specific provisions of this Memorandum of Understanding alleged to be violated,
applicable times, places and names of those involved, the remedy or relief requested, and shall be
signed by the grievant.
The Department Director shall confer with the grievant and within ten (10) days respond to the
allegations in writing.
Step 3
If the grievant is not satisfied with the resolution at Step 2, the grievant shall within five (5) days
appeal the matter to the City Manager.
The City Manager shall investigate the matter, conduct a hearing if the City Manager deems it
appropriate and within ten (10) days, thereafter, respond to the allegations in writing.
Step 4
If the grievance remains unresolved after Step 3, the Union may, by written notice to the City
Human Resources Department within ten (10) days after the receipt of the response in Step 3,
notify the City that the Union wishes to appeal the grievance to final and binding arbitration. The
parties shall attempt to agree upon an arbitrator. If no agreement is reached, they shall request a
list from the State Conciliation Service of nine (9) names.
B
Each party shall then alternately strike a name until only one (1) name remains, said person to be
the arbitrator. The order of striking shall be determined by the flip of a coin.
7.2.3 Arbitration
The arbitrator shall be empowered to conduct a hearing and to hear and receive evidence presented by
the parties. The hearing shall be informal and need not be conducted according to technical rules of
evidence. Repetitious evidence may be excluded and oral evidence shall be taken only under oath.
The arbitrator shall determine what evidence is relevant and pertinent, as well as any procedural
matters, and he/she may call, recall and examine witnesses, as he/she deems proper.
The burden of proof shall be upon the Union in grievance matters and upon the City in
disciplinary/discharge matters.
After the conclusion of any hearing and the submission of any post hearing evidence or briefs agreed
upon by the parties, the arbitrator shall render a written decision which shall be final and binding upon
the City, the Union and any employee(s) involved in the grievance or disciplinary matter.
The arbitrator shall not be empowered to add to, subtract from, or in any way modify or alter any
provision of this Memorandum of Understanding. The arbitrator shall only determine whether a
grievance exists in the manner alleged by the grievant, and what the proper remedy, if any, shall be, or
in the case of disciplinary/discharge matter whether the City allegations are accurate and the
appropriateness of the disciplinary penalty.
The fees and expenses of the arbitrator shall be shared equally by the Union and the City. All other
expenses shall be borne by the party incurring them. The cost of the services of court reporter shall be
borne by the requesting party unless there is a mutual agreement to share the cost or unless the
arbitrator so requests. Then the costs will be shared equally.
7.2.4 General Provisions
1. Employees who participate in the Grievance Procedure, by filing a grievance or acting as a
witness on the behalf of either party shall be free from discrimination by either the Union or the
City.
2. A grievant has the right to be represented at each stage of the procedure, to cross examine
witnesses, and have access to all information regarding the basis of the grievance upon which
the City relies in making its determinations.
3. If the City management fails to respond within the specified time limits, the grievance shall, at
the request of the Union, automatically be moved to the next step of the procedure. If the Union
or a grievant fails to process or appeal a grievance within the specified time limits, the matter
shall be deemed settled. The parties may by mutual agreement waive the steps in the
procedure.
hearing is held during work hours of employee witnesses, such employees shall be released
from duties without loss of pay or benefits to appear at the hearing. Witnesses requested by thir"
parties shall be compelled to attend said hearings.
5. The Human Resources Department shall act as the central repository for all grievances.
6. Time limits contained herein may be extended by mutual agreement of the parties. Absence for
bona fide reasons by a grievant, the Union Executive Secretary or any management official
involved in responding to the grievance shall automatically extend the time limits by the same
number of days of absence.
7.3 VOLUNTARY TiME OFF (VTO)
out
An employee may request voluntary time off without pay, in lieu of using accrued vacation and/or sick
leave, for a minimum of one full workday and not to exceed ten (10) working days in any calendar year.
The needs of the City, specifically the Child Care Division will need to be considered prior to approving
a request for VTO.
7.4 REDUCTION IN FORCE
7.4.1 Authority
The Appointing Authority may lay off, without prejudice, any employee covered by this MOU because of
lack of work or funds, or organizational alterations, or for reasons of economy or organizational
efficiency.
7.4.2 Notice
Employees covered by this MOU designated for layoff or demotion shall be notified in writing at least
fifteen (15) calendar days prior to the anticipated date of termination or demotion. The employee
organization shall also be notified.
7.4.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification, consistent with the licensing
requirements of the California Department of Social Services. A classification is defined as a position
or number of positions having the same title, job description and salary. Extra hire employees shall be
laid off before permanent employees in the affected classification. In effecting the preceding order, a
part-time permanent employee with more seniority can displace a full-time permanent employee.
7.4.4 Seniority
If two or more employees within a classification have achieved permanent status, such employees will
be laid off or reduced on the following basis:
a. Seniority within the affected classification will be determinative. Such seniority shall include
time served in higher classification (s). The computation of seniority for part-time employees will
be credited on a pro -rata basis to full-time service. Time spent on a City Manager approved
leave of absence without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected classification or higher class ifi cations(s)
is equal, departmental seniority shall be determinative.
c. If all of the above factors are equal, the date regular status in City service is achieved shall be
determinative.
d. If all of the above are equal, date of certification for appointment shall be determinative -
7.4.5 Bumping Rights
An employee designated to be laid off may bump into at class at the same salary level, for which he or
she meets the minimum qualifications or into the next lower classification in which such employee has
previously held regular status. An employee who is bumped shall be laid off in the same manner as an
employee whose position is abolished.
7.4.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be affected by
a reduction in force to another vacant position for which such employee may qualify. The length of
eligibility for such transfer will be the period of notification as provided in Section 7.4.2, but no longer
than the effective date of such layoff or reduction.
21
7.5 RE-EMPLOYMENT
7.5.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re -appointment to the same
classification in which they held status in the order of seniority in the classification. Individuals demoted
in lieu of reduction in force shall be offered restoration to the highest class in which they held status and
in which there is a vacancy prior to the appointment of individuals who have been laid off.
7.5.2 Right to Re -Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall,
in writing, be offered re -appointment in the same classification should a vacancy occur in the
classification within two years after the layoff or demotion. Prior to being re-employed, the employee
must pass a physical exam administered by a City appointed physician and must pass the background
check administered by the City.
7.5.3 Time Limits
Should the person not accept the re -appointment within seven (7) calendar days after the date of the
offer, or should the person decline or be unable to begin work within two weeks after the date of
acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the
right to re-employment and be removed from the re-employment list.
7.5.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-
employment list shall be offered re-employment.
7.5.5 Probationary Status
Employees re -appointed under the provisions above will not be required to complete a new
probationary period if they had previously held permanent status in the classification. Employees who
had not completed their probationary period shall serve the remainder of the probationary period upon
re -appointment.
7.5.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave of
absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not
count as time worked for the purposes of seniority accrual.
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SEIU./Co,cal 1021 - Childcare
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Paul Carroll, SEW Representative
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Jason Klumb, SEW Area Director
Pe1eCaste*1liExecutive Director,
SEW
Local 1021
Laura McCurdy, Child Care Director
Laurie DuCharme, Child Care Instructor 11
CITY OF SAN RAFAEL
Kelly Albrecht, Childcare Supervisor
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INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. 3. d
DATE OF MEETING: December 2, 2013
FROM: Anil Comelo, Human Resources Director
DEPARTMENT: Human Resources / Management Services
DATE: November 19, 2013
TITLE OF DOCUMENT: MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO
COMPENSATION AND WORDING CONDITIONS FOR SEIU LOCAL 1021 - CHILDCARE UNIT
(NOVEMBER 1, 2013 THROUGH OCTOBER 31, 2015)
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Department Head (signature)
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APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
City Manager er (signature) City Attorney (signature)
NOT APPROVED
REMARKS-