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HomeMy WebLinkAbout2017-2018 SEIU MOU SEIU MOU 2017-2018 Page 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE LOCAL 620 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADERO CHAPTER AND CITY OF ATASCADERO July 1, 2017 thru June 30, 2018 SEIU MOU 2017-2018 Page 2 ARTICLE I - GENERAL PROVISIONS SECTION 1.1 PREAMBLE This Memorandum of Understanding is made and entered into between the City of Atascadero, hereinafter referred to as the “City” and the Local 620 Service Employees International Union Atascadero Chapter, hereinafter referred to as the “Union” pursuant to California Government Code Section 3500, et seq. and the City's Employer - Employee Relations Policy. The purpose of this Memorandum of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of employment. The City and Union agree that the provisions of this MOU shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age, national origin, political or religious affiliations or association memberships. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender. SECTION 1.2 RECOGNITION a. The City of Atascadero recognizes the Union as the recognized and exclusive representative for the following classifications:  Account Clerk I  Account Clerk II  Administrative Assistant  Administrative Secretary  Administrative Support Assistant  Assistant Planner  Associate Planner  Building Maintenance Specialist  Building Inspector I  Building Inspector II  Bldg Insp/Plans Examiner  Central Receptionist  Engineering Technician I  Engineering Technician II  Finance Technician  GIS Analyst I  Inspector  Maintenance Leadworker  Maintenance Worker I  Maintenance Worker II  Maintenance Worker II – Pesticide Applicator  Office Assistant I  Office Assistant II  Office Assistant III  Public Works Inspector  Recreation Coordinator  Registered Veterinary Technician  Senior Building Maintenance Specialist  Senior Maintenance Worker  Senior Planner  Senior Technical Support Specialist  Senior Zookeeper  Systems Administrator III  Technical Trainer II  Technical Support Specialist  WWTP Operator I  WWTP Operator II  WWTP Operator III  WWTP Operator in Training  Zoo Education Curator  Zoo Facilities Maintenance Technician  Zookeeper I  Zookeeper II b. This recognition is exclusive of management employees, confidential employees and temporary employees. c. The City agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation under the Meyers-Milias-Brown Act SEIU MOU 2017 -2018 Page 3 (Government Code Section 3500, et seq.), and as provided under the City's Employer- Employee Relations Policy. SECTION 1.3 SEVERANCE a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or unenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed, and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement. b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful or unenforceable, the City and the Union agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU. SECTION 1.4 SOLE AGREEMENT a. The City and the Union agree that to the extent that any provision addressing wages, hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in conflict thereof, this MOU shall prevail. b. If, during the term of the MOU, the parties should mutually agree to modify, amend, or alter the provisions of this MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and the Union. Any such changes validly made shall become part of this MOU and subject to its terms. SECTION 1.5 FULL FORCE AND EFFECT a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain in full force and effect during the term of this MOU unless changed by mutual agreement. b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Union. SEIU MOU 2017 -2018 Page 4 SECTION 1.6 GENERAL PROVISIONS The parties agree to meet and confer with respect to any subject or matter within the scope of representation upon request. Provided, however, that any changes which fall within the scope of representation shall be by mutual agreement. Except as set forth in this Memorandum of Understanding, and unless the Union agrees to reopen negotiations on a particular bargaining subject, the parties agree that there shall be no changes during the life of this MOU in the wage rates, benefits, or other terms and conditions of employment subject to the meet and confer process. In the event any new practice, subject or matter arises during the term of this agreement which is within the scope of representation and an action is proposed by the City, the Union shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the case of an emergency and, in the absence of an agreement on such a proposed action, the City reserves its lawful management rights to take any action(s) deemed necessary and the Union reserves its rights to take any lawful action deemed necessary. ARTICLE II - RESPECTIVE RIGHTS SECTION 2.1 UNION RIGHTS The Union shall have the following rights and responsibilities: a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. b. Reasonable use of one bulletin board at each work site for employees covered by this MOU. c. The right to payroll deductions made for payments or organization dues and for City approved programs. d. The use of City facilities for regular, normal and lawful Union activities, providing that approval of the City Manager or his/her designee has been obtained. e. Reasonable access to employee work locations for officers of the Union and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements. SEIU MOU 2017 -2018 Page 5 f. The City will give reasonable notice to the Union if it intends to contract out the functions currently performed by employees within the Unit. Upon request, the City will meet with the Union to explain the reason for the decision to contract out and to solicit Union views on the proposal. Nothing in this Section shall be construed to limit the rights of the City Council to contract out work in its sole discretion. g. Maintenance of Membership All regular unit employees who on the effective date of this MOU are members of the Union in good standing and all such employees who thereafter voluntarily become members of the Union shall maintain their membership in the Union in good standing during the term of this MOU, subject however to the right to resign from membership between March 1 – 15 of each calendar year. The City will not honor cancellations of dues deductions for employees covered by this Agreement during the term of the MOU except during the window period specified above. Any Union member may exercise his/her right to resign by submitting a notice in writing to the Union and to the City during the resignation period. h. Agency Shop/Fair Share. The City shall notify the union when employees are newly assigned into the unit. The notice shall include the employee’s name, Department and division and the date of entry into the unit. Employees transferred or hired into the unit subsequent to the effective date of an Agency Shop/Fair Share approval shall have thirty days from the date of their entry into the unit to comply with its terms. Unless a unit employee has: a) voluntarily submitted to the City an effective dues deduction request; b) individually made direct financial arrangements satisfactory to the Union as evidenced by notice of the same from the Union to the City; or c) qualified for exemption upon religious grounds as provided below, upon notice from the Union the City shall process a mandatory agency fee payroll deduction in the appropriate amount and forward that amount to the Union. The amount of the fee to be charged shall be determined by the union subject to applicable law; and shall therefore not exceed the normal periodic membership dues, initiation fees, and general assessments applicable to union members. As to “core” fee-payers, the agency fee charged shall not reflect expenditures which the Courts have determined to be non-chargeable. The union shall comply with applicable law regarding disclosure and allocation of its expenses and notice to employees of their right to object and pay only the “core fee”. The Union shall make available an administrative appeals procedure to unit employees who object to the calculation of the “core fee”. Such procedure shall provide for an impartial SEIU MOU 2017 -2018 Page 6 decision by a representative of the State Mediation & Conciliation Service (SMCS). Such appeals may be consolidated and shall be heard not less often than once per year. A copy of such procedure shall be made available upon request by the Union to unit employees. The City shall promptly remit to the Union all monies deducted under this Article, accompanied by a list of employees for whom such deductions have been made. The City shall make every reasonable effort to distribute to each new employee in the unit a letter, supplied by the union, which describes the agency fee obligation. Any of the above-described payment obligations shall be processed by the City in the usual and customary manner and time frames utilized for dues deductions. Employees on an unpaid leave of absence or temporarily assigned out of the unit for an entire pay period or more shall have agency shop fees suspended. Fee deductions shall have the same priority as dues deductions in the current hierarch for partially compensated pay periods. Religious Exemption from Agency Fee Obligations a. Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to meet the above agency fee obligations, but shall pay be means of mandatory payroll deduction an amount equal to the agency fee to a non-religious, non- labor charitable organization exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code, as designated by the employee from a list provided by the Union showing authorized deduction agencies as agreed upon between the City and the Union. b. To qualify for the religious exemption the employee must provide to the Union, with a copy to the City, a written statement of objection, along with verifiable evidence of membership in a religious body as described above. The Union will implement the change in status within thirty days or alternatively, notify the employee and the City that the requested exemption is not valid. SECTION 2.2 CITY RIGHTS a. The authority of the City includes, but is not limited to the exclusive right to determine the standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for "just cause", relieve its employees from duty because of lack of work or for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, staffing and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizations and the SEIU MOU 2017 -2018 Page 7 technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage, hours and other terms of employment. SECTION 2.3 PEACEFUL PERFORMANCE a. The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero. Union agrees that under no circumstances will the Union recommend, encourage, cause or promote its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow-down, or picketing (hereinafter collectively referred to as "work-stoppage) in any office or department of the City, nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work stoppage has ceased. b. In the event of any work stoppage, during the term of this MOU, whether by the Union or by any member of the bargaining unit, the Union by its officers, shall immediately declare in writing and publicize that such work stoppage is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work. Copies of such written notices shall be served upon the City. If in the event of any work stoppage the Union promptly and in good faith performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted or encouraged such work stoppage, the Union shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, up to and including discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, against any such employees. SECTION 2.4 RESPECTIVE RIGHTS The parties agree that during the term of this agreement, upon a request by either party, they shall reopen negotiations on changes to the Personnel Rules and Regulations. Provided, however, that the City shall not modify the Personnel Rules and Regulations subject to meet and confer without mutual agreement. SEIU MOU 2017 -2018 Page 8 ARTICLE III - - HOURS OF WORK AND OVERTIME SECTION 3.1 HOURS OF WORK a. Work Period The normal work period shall be seven (7) days with a maximum non-overtime of forty (40) hours. b. Shift Change Notification The City shall give employees reasonable, but at a minimum, a 72-hour notice of routine shift changes. Emergency shift changes shall be made on an as needed basis. c. Rest Periods The City feels that rest periods are important for employees to take care of personal business, use facilities and for their general well-being. Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Insofar as practical rest period shall be in the middle of each work period. Rest periods should not be used in conjunction with meal periods, nor should rest periods be taken during the employee’s first or last hour of work. In the uncommon event that an employee feels that they will be unable to take one of the fifteen minute rest periods due to the type of work being performed, the employee’s supervisor may approve the employee taking one fifteen minute rest period in conjunction with the meal period. The employee must request supervisor approval in advance. Any employee required to work more than sixteen (16) hours within a twenty-four hour period shall be entitled to an eight hour rest period prior to returning to work. If any portion of the eight-hour rest period occurs during the employees’ regularly scheduled work hours, the employee shall receive normal compensation for that time. This section shall not apply in the case of emergencies. d. Missed Rest Periods and Mealtime Regular fifteen-minute rest periods are paid time, therefore nothing in this section provides for or implies any additional compensation or benefits if a rest period is not taken. SECTION 3.2 OVERTIME a. Rate Overtime, shall be compensated at the rate of time and one-half the regular rate of pay. All overtime shall be recorded and paid in the following manner: SEIU MOU 2017 -2018 Page 9 1 to 15 minutes, overtime compensation – ¼ hour 16 to 30 minutes, overtime compensation – ½ hour 31 to 45 minutes, overtime compensation – ¾ hour 46 to 60 minutes, overtime compensation – 1 hour b. Hours Paid Overtime shall be paid after forty (40) hours worked in a work period. Paid time off shall be considered time worked for overtime purposes. c. Compensatory Time (CT) Notwithstanding the provisions of this section, employees may be granted CT for overtime credit computed at time and one-half at the mutual convenience of the City and the employee. Employees may accumulate a maximum of one hundred and twenty (120) hours in their CT account. d. Scheduling Compensatory Time Requests to use CT shall be granted with due regard for operational necessity such as staffing levels. SECTION 3.3 CALLBACK PAY Employees who are called to duty at a time they are not working, and not on standby duty, shall be compensated a minimum compensation of two (2) hours at time and one-half rate of pay. SECTION 3.4 STANDBY TIME a. Employees assigned standby duty shall receive thirty-five dollars ($35.00) for each day of standby duty. b. Call-out While on Stand-by Employees who are called to duty at a time they are not working shall be compensated a minimum of one hour and twenty minutes at time and one-half pay. Employees working in excess of one hour and twenty minutes once called back shall receive time and one- half pay for all hours worked. SECTION 3.5 PATCHING/PAVING WORK The City shall make a reasonable attempt to schedule patching work during days/times when SEIU MOU 2017 -2018 Page 10 temperatures are not expected to exceed 100 degrees. It is mutually understood that employees working with paving contractors must adhere to the contractors’ work schedules. ARTICLE IV - PAY PROVISIONS SECTION 4.1 SALARY The following monthly salaries are effective July 1, 2017: SEIU MOU 2017 -2018 Page 11 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Account Clerk I 2,900.03 3,045.03 3,197.28 3,357.14 3,525.00 Account Clerk II 3,197.28 3,357.14 3,525.00 3,701.25 3,886.31 Administrative Assistant 3,983.47 4,182.64 4,391.77 4,611.36 4,841.93 Administrative Secretary 3,357.14 3,525.00 3,701.25 3,886.31 4,080.63 Administrative Support Assistant 3,357.14 3,525.00 3,701.25 3,886.31 4,080.63 Assistant Planner 4,391.77 4,611.36 4,841.93 5,084.03 5,338.23 Associate Planner 5,084.03 5,338.23 5,605.14 5,885.40 6,179.67 Bldg Inspector / Plans Examiner 4,723.83 4,960.02 5,208.02 5,468.42 5,741.84 Building Inspector I 4,182.64 4,391.77 4,611.36 4,841.93 5,084.03 Building Inspector II 4,611.36 4,841.93 5,084.03 5,338.23 5,605.14 Building Maintenance Specialist 3,357.14 3,525.00 3,701.25 3,886.31 4,080.63 Central Receptionist 3,197.28 3,357.14 3,525.00 3,701.25 3,886.31 Engineering Technician I 3,357.14 3,525.00 3,701.25 3,886.31 4,080.63 Engineering Technician II 3,793.78 3,983.47 4,182.64 4,391.77 4,611.36 Finance Technician 3,983.47 4,182.64 4,391.77 4,611.36 4,841.93 GIS Analyst I 4,498.89 4,723.83 4,960.02 5,208.02 5,468.42 Inspector 4,182.64 4,391.77 4,611.36 4,841.93 5,084.03 Maintenance Leadworker 4,391.77 4,611.36 4,841.93 5,084.03 5,338.23 Maintenance Worker I 2,972.52 3,121.15 3,277.21 3,441.07 3,613.12 Maintenance Worker II 3,357.14 3,525.00 3,701.25 3,886.31 4,080.63 Maintenance Worker II - Pesticide Appl.3,525.00 3,701.25 3,886.31 4,080.63 4,284.66 Office Assistant I 2,761.93 2,900.03 3,045.03 3,197.28 3,357.14 Office Assistant II 3,045.03 3,197.28 3,357.14 3,525.00 3,701.25 Office Assistant III 3,197.28 3,357.14 3,525.00 3,701.25 3,886.31 Public Works Inspector 4,391.77 4,611.36 4,841.93 5,084.03 5,338.23 Recreation Coordinator 3,793.78 3,983.47 4,182.64 4,391.77 4,611.36 Registered Veterinary Technician 3,277.21 3,441.07 3,613.12 3,793.78 3,983.47 Senior Building Maintenance Specialist 3,793.78 3,983.47 4,182.64 4,391.77 4,611.36 Senior Maintenance Worker 3,793.78 3,983.47 4,182.64 4,391.77 4,611.36 Senior Planner 5,605.14 5,885.40 6,179.67 6,488.65 6,813.08 Senior Technical Support Specialist 4,391.77 4,611.36 4,841.93 5,084.03 5,338.23 Senior Zookeeper 3,886.31 4,080.63 4,284.66 4,498.89 4,723.83 Systems Administrator III 5,605.14 5,885.40 6,179.67 6,488.65 6,813.08 Technical Support Specialist 3,441.07 3,613.12 3,793.78 3,983.47 4,182.64 Technical Trainer II 3,983.47 4,182.64 4,391.77 4,611.36 4,841.93 WWTP Operator I 3,613.12 3,793.78 3,983.47 4,182.64 4,391.77 WWTP Operator II 3,983.47 4,182.64 4,391.77 4,611.36 4,841.93 WWTP Operator III 4,391.77 4,611.36 4,841.93 5,084.03 5,338.23 WWTP Operator in Training 3,197.28 3,357.14 3,525.00 3,701.25 3,886.31 Zoo Education Curator 3,045.03 3,197.28 3,357.14 3,525.00 3,701.25 Zoo Facilities Maintenance Tech.2,972.52 3,121.15 3,277.21 3,441.07 3,613.12 Zookeeper I 2,972.52 3,121.15 3,277.21 3,441.07 3,613.12 Zookeeper II 3,357.14 3,525.00 3,701.25 3,886.31 4,080.63 SEIU MOU 2017 -2018 Page 12 a. Movement between steps shall be at twelve-month intervals and subject to satisfactory performance. The initial step movement after hiring, however, shall be after twelve months or after completion of probation, whichever occurs later. Employees may receive step increases at a period of less than twelve (12) months upon recommendation of the department head and approval of the City Manager. b. An employee who is promoted shall receive a salary increase of at least one step (5%). Therefore, the employee shall be placed on step “A”, or that step which produces at least a one step salary increase. c. The parties agree that the salary survey jurisdictions for unit classifications under this M.O.U. shall be the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo. SECTION 4.2 ONE-TIME LUMP SUM PAYMENT Effective July 1, 2017, employees shall be provided a one-time only, lump sum payment of $3,000. Such payment is non-performance based and is not reportable to CalPERS. Only employees who are employed on July 1, 2017 in a position covered by this MOU shall be eligible for the lump sum payment. The lump payment shall be paid out to the employee no later than the pay date following the first full pay period after the MOU ratification date. SECTION 4.3 EDUCATION INCENTIVE PAY Employees shall be reimbursed up to $1,600.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. SECTION 4.4 RETIREMENT a. Employees are provided retirement benefits through the California Public Employees Retirement System (CalPERS). TIER 1 Miscellaneous Member employees covered under this MOU who were hired on or before July 14, 2012 are provided benefits pursuant to the 2.5% @ 55 Benefit SEIU MOU 2017 -2018 Page 13 Formula (Government Code Section 21354.4), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 3.3% (three point three percent) of the Miscellaneous Member employee contribution of 8% (eight percent). Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent) of the employee contribution. TIER 2 Miscellaneous Member employees covered under this MOU who were hired between July 14, 2012 and December 31, 2012, and Miscellaneous Member employees hired on or after January 1, 2013 who meet the definition of a Classic Member under CalPERS, are provided benefits pursuant to the 2% @ 55 Benefit Formula (G.C. Section 21354), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 2.3% (two point three percent) of the Miscellaneous Member employee contribution of 7% (seven percent). Miscellaneous Member employees will pay the remaining 4.7% (four point seven percent) of the employee contribution. TIER 3 Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), Miscellaneous Member employees covered under this MOU who were hired on or after January 1, 2013 who meet the definition of a CalPERS new member under PEPRA are provided benefits pursuant to 2% @ 62 Benefit Formula (G.C. Section 7522.20) with Final Compensation 3 Year (G.C. Section 20037). The Miscellaneous Member employee will pay a member contribution rate of 50% (fifty percent) of the expected normal cost rate. b. Employee contributions shall be contributed to CalPERS on a pre-tax basis. c. The City began pays and reports the value of Employer Paid Member Contributions (EPMC) for Tier 1 employees and Tier 2 employees as described in Resolution No. 2003- 058. SECTION 4.5 SICK LEAVE/STAY WELL PLAN a. Sick leave accumulates at a rate of eight (8) hours per month. There is no limit to the accumulation. b. Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows: 1. The sick leave pay-off will occur during the 52-week period beginning the first day after the second pay period in October and ending on the last day of the second pay period in October of the following year after an employee has SEIU MOU 2017 -2018 Page 14 accumulated and maintained 384 hours sick leave. 2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is 95.94 hours). Checks will be prepared by December 15 of each year. 3. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 days accumulation for eligibility to receive the incentive payoff for that year. c. An employee may use in any calendar year accrued sick leave, up to the amount earned during twelve (12) months employment, to attend to the illness of the following family members: 1. The employee’s child (including biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis). 2. The employee’s parent (including biological, foster, or adoptive parent, a stepparent, or a legal guardian). 3. The employee’s spouse or domestic partner. If the employee is performing satisfactorily and the employee’s workload would not be negatively impacted, the Department Head may approve additional time off, up to the amount earned during three (3) months of employment, for Family Care. Family Care leave may also qualify for protection under the FMLA and/or CFRA, and any Family Care leave granted under this section shall run concurrently with FMLA and/or CFRA leave. FMLA/CFRA leave is addressed in a separate City policy. SECTION 4.6 VACATION LEAVE a. Paid vacation leave accrues from the date of hire on a bi-weekly basis and increases after completion of the required years of service as follows: Years of Service Accrual Rate Less than 3 years 10 days/yr or 3.08 hrs/pp 3 years completed 12 days/yr or 3.69 hrs/pp 5 years completed 14 days/yr or 4.31 hrs/pp 7 years completed 16 days/yr or 4.92 hrs/pp 9 years completed 18 days/yr or 5.54 hrs/pp SEIU MOU 2017 -2018 Page 15 11 years completed 20 days/yr or 6.15 hrs/pp 15 years completed 22 days/yr or 6.77 hrs/pp 20 years completed 24 days/yr or 7.385 hrs/pp The above schedule is based on full-time employment. Regular part-time employees shall receive vacation accrual on a pro-rated basis. b. Employees shall be entitled to vacation leave consistent with the City of Atascadero Personnel System Rules. c. It is agreed and understood that the taking of vacation shall be as scheduled by the Department Head subject to the needs of the City. SECTION 4.7 HOLIDAYS The City shall recognize the following days as official City holidays. Holiday Day Observed New Year's Day January 1 Martin Luther King, Jr. Birthday 3rd Monday in January Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day After Thanksgiving Friday after Thanksgiving Christmas Eve Day December 24 Christmas Day December 25 "Floating" Holiday Off As Scheduled; Accrues January 1 a. Each unit member employed by the City as of January 1st of each year shall be eligible for one floating holiday (8 hours). Floating holidays must have prior department approval and shall be consistent with the efficient operation of the department. The floating holiday may be used between January 1 and December 31 of each year. b. All employees who are covered under this contract and are required by their supervisor to work on a City holiday shall be paid time and one-half 1½ their base hourly rate for the hours worked on the holiday, plus compensation for the holiday. SECTION 4.8 BEREAVEMENT LEAVE The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement purposes. Bereavement purposes include (1) the death of a member of the employee’s immediate SEIU MOU 2017 -2018 Page 16 family, and (2) the critical illness of a member of the employee’s immediate family where death appears to be imminent. The amount of bereavement leave provided under this section is twenty four (24) hours per family member. The employee may be required to submit proof of a relative's death or critical illness before final approval of leave is granted. For purposes of this section, “immediate family” means: spouse or domestic partner, parent (including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent, grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or significant other. Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any remaining time shall be from other paid time off available to the employee. When an employee has exhausted the bereavement leave provided in this section, the employee may submit a request to his/her Department Head and request additional time off work. If approved, the employee must use their other accrued paid leave. The employee may elect which accrued paid leave he/she shall use during the additional leave. However, the employee may not use more than forty (40) hours of accrued sick leave for bereavement purposes. If the additional leave approved by the Department Head is longer than forty (40) hours, the employee is required to use accrued paid leave other than sick leave. SECTION 4.9 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law. All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. SECTION 4.10 PERSONAL LEAVE In any calendar year an employee can use up to two days (16 hours) of time for personal leave reasons without explanation. These hours shall come out of the employee’s sick leave accrual bank. The employee will be charged for only the time used up to the maximum allowable of 16 hours in a calendar year. These hours are not intended as vacation days and may not be used to extend vacation or holiday time off. SEIU MOU 2017 -2018 Page 17 SECTION 4.11 WORK SHOES The City shall contribute Two Hundred ($200.00) Dollars per fiscal year for the purchase of appropriate footwear to employees in the following positions:  Senior Building Maintenance Specialist  Building Maintenance Specialist  Building Inspector I & II  Building Inspector/Plans Examiner  Public Works Inspector  Inspector  Maintenance Leadworker  Maintenance Worker I & II  Senior Maintenance Worker  Registered Veterinary Technician  Senior Zookeeper  WWTP Operator I, II, III  WWTP Operator-in-Training  Zoo Facilities Maintenance Technician  Zookeeper I & II Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. SECTION 4.12 SAFETY GLASSES The City shall provide safety glasses and safety prescription glasses, in compliance with OSHA standards, for those employees required to wear them. Maximum reimbursement shall be $250.00. As approved by the Department Head, the City shall replace prescription glasses as needed due to prescription changes or if the glasses are damaged while being used in the course of duties. If the glasses are damaged due to the negligence of the employee, he/she shall be required to pay the replacement cost. The employee is responsible for obtaining necessary prescriptions. SECTION 4.13 CERTIFICATION The City shall continue its practice of providing reasonable work time and payment for obtaining/maintaining job-related certifications. Travel expenses will be paid pursuant to Section VII of the City’s Purchasing Policy. Prior Department Head approval is required. SEIU MOU 2017 -2018 Page 18 ARTICLE V - HEALTH AND WELFARE SECTION 5.1 HEALTH INSURANCE COVERAGE a. For unit members who elect to have “Family” coverage, the City shall pay an amount not to exceed $1,669.71 per month for employees electing Family coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependents. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for dependents based upon HMO plan costs. b. For unit members who elect to have ‘Employee +1” coverage, the City shall pay an amount not to exceed $1,229.99 per month for employees electing Employee +1 coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependent. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for the dependent based upon HMO plan costs. c. For unit members who elect to have “Employee Only” coverage, the City shall pay an amount not to exceed $893.71 per month for employees electing Employee Only coverage. The City contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee based upon HMO plan costs. For unit members who elect to have “Employee Only” coverage, available funds remaining from the City’s contribution toward insurance coverage shall be paid to an employee hired on or before September 1, 2000 as additional compensation. This amount shall not exceed $240.56 per month. d. The City shall provide term life insurance coverage for each employee in a total amount of fifty thousand ($50,000). e. The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of one thousand ($1,000) dollars per dependent during the term of this agreement. f. The Medical Insurance Committee shall be comprised of one representative from each of the bargaining units (as designated by the bargaining unit) and one from the City. The Committee shall regularly review the health plan and study health insurance issues including, but not limited to, Health Maintenance Organizations (HMO’s), cost containment, etc., and make recommendations to the City Manager. g. Flexible Benefits Plan. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions. The plan will enable an employee to on a voluntary basis, cover additional out of pocket premium expenses for insurance through pretax payroll dollars. SEIU MOU 2017 -2018 Page 19 h. State Disability Insurance – The City shall provide State Disability Insurance as a payroll deduction for each employee covered under this agreement. State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. SECTION 5.2 UNIFORMS The City shall provide uniforms to Unit employees and replace them on an as needed basis, for those employees required to wear uniforms. Jackets will be included as part of the uniform provided. SECTION 5.3 PROBATION The probationary period for newly hired employees shall be twelve months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The City shall have the option of granting a newly hired employee regular status at any time after nine (9) months of service. ARTICLE VI - CLOSING PROVISIONS SECTION 6.1 TERM The term of this MOU shall commence on July 1, 2017 and expires June 30, 2018. SECTION 6.2 JOINT COMMITMENT TO FAIR AND REASONABLE CHANGES TO THE CALPERS SYSTEM The interests of the City and the SEIU are generally aligned: both seek fair and reasonable changes to the CalPERS system to ensure long-term sustainability of the system. Needed State- level changes acceptable to both executive management and City labor groups are most likely to be initiated by CalPERS member agencies and labor, working collaboratively. City and SEIU hereby jointly commit to:  Request state-level membership organizations (e.g., the League of California Cities, state- wide labor affiliates) to alert and engage members, to make this issue a priority, and encourage committing to a set of collaborative solutions;  Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this issue a priority and to lend their voice to our request to state-level membership organizations;  Jointly analyze options with an open mind as to potential solutions; and  Other potential collaborative efforts as they arise. SEIU MOU 2017 -2018 Page 20 SECTION 6.3 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives: ______________________ _______________ ________________________ ______________ SEIU Date SEIU Date _______________________ _______________ ________________________ ______________ SEIU Date SEIU Date _______________________ _______________ ________________________ ______________ SEIU Date SEIU Date CITY OF ATASCADERO _______________________ _______________ _____________________ _____________ Mayor Date City Manager Date