HomeMy WebLinkAbout2014-019 SEIU MOU MEMORANDUM OF UNDERSTANDING
ETRE THE
LOCAL 620 SERVICE EMPLOYEES
INTERNATIONAL �O
ATASCADRO CHAPTER
AND
CITY OF ATASCADERO
July `I , 2014 thru June 30, 2016
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SEW MOU 2014-2016 Page 1
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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 hitemational 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 1 0 GIS Analyst I • Senior Zookeeper
• Account Clerk 11 0 Inspector • System Administrator III
• Administrative Assistant a Maintenance Leadworker • Technical Trainer Il
• Administrative Secretary 0 Maintenance Worker 1 • Technical Support
• Administrative Support • Maintenance Worker Il Specialist
Assistant • Office Assistant 1 • WWTP Operator I
• Assistant Planner . Office Assistant 11 • WWTP Operator II
• Associate Planner 0 Office Assistant 111 • WWTP Operator III
• Building Maintenance a Permit Coordinator • WWTP Operator in
Specialist • Recreation Coordinator Training
• Building Inspector I . Registered Veterinary • Zoo Education Curator
• Building Inspector II Technician • Zoo Facilities Maintenance
• Bldg Insp/Plans Examiner • Senior Building Technician
• Central Receptionist Maintenance Specialist • Zookeeper I
• Engineering;Technician 1 • Senior Planner • Zookeeper Il
• Engineering Technician 11 • Senior Technical
• Finance Technician Support Specialist
b. This recognition is exclusive of management employees, confidential employees and
temporary employees.
SEW MOU 2014-2016 Page 2
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
(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 terns 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. IL 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.
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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 11-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.
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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 explaui 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 I — 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 nominal 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,charged
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 male available an administrative appeals procedure to unit employees who
object to the calculation of the "core fee". Such procedure shall provide for an impartial
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 whore 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 Qovenunental 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 inission in
emergencies; exercise complete control and discretion over its organizations and the
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 "wort:-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 wort: stoppage
until said wort: stoppage has ceased.
b. In the event of any work stoppage, during the tern of this MOU,whether by the Union or
by any member of the bargaining unit, the Union by its officers, shall immediately
declare in writina and publicize that such work stoppage is illegal and unauthorized, and
further direct its members in writing to cease the said conduct and resume wort:. 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 tern 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.
ARTICLE III - - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
The normal wort: period shall be seven (7) days with a maximunn 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
Rest periods will normally be provided to employees at the rate of fifteen (I5) minutes
for each four (4) hours worked. Insofar as practical rest period shall be in the middle of
each work period. Rest periods cannot be used in conjunction with meal periods. nor
may rest periods be taken during the employee's first or last hour of work.
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
Overture, 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:
I to 15 minutes, overtime compensation—'/a hour
1.6 to 30 minutes, overtime compensation— '/hour
3I to 45 minutes.overtime compensation—3/ 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 eighty (80) 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 (S35.00) 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 two (2) hours at straight time. Employees working in excess of one hour
and twenty minutes once called back shall receive time and one-half pay for hours
worked in excess of one hour and twenty minutes, or two hours straight time whichever is
greater.
SECTION 3.5 PATCHING/PAVING WORK
The City shall make a reasonable attempt to schedule patching work: during days/times when
temperatures are not expected to exceed 100 degrees. It is mutually understood that employees
worlcingwith paving contractors must adhere to the contractors' work: schedules.
ARTICLE IV - PAY PR®VISI®NS
SECTION 4.1 SALARY
This two-year year agreement shall provide for salary increases according to the following
formula and schedule:
Year 1 (effective July 1, 2014)- all positions covered by this MQU shall receive a 1.5% (one and
a half percent) salary increase in this period.
Year 2 (effective July 1,2015)-all positions shall receive no (zero percent) salary increase in this
period
The following monthly salaries are effective July 1, 2014:
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Account Clerk 1 2.7-73.54 2.912.22 3.057.83 3210.73 3.371?6
Acaottni Clerk 11 3,057.83 3.210.72 3.371.26 3.539.83 3.716.81
Administrative Assistant 3.809.74 4.000-23 4.200.24 4,410 25 4,630.76
Administ.rativeSecrel.aav 3210.72 3.37126 3.539.82 3.716.81 3.902.65
Administrative Su port Assistant 3,210.72 33.371 26 3.539.82 3.716.81 3.902.65
Assistunt Planner 4.000.33 420024 4,410.25 4.630.76 4.862.30
Associate Planner 4.630.76 4.862.30 5.105.=12 5,3(;0.69 5.628.72
Mehas ector/ Plans E-mtiner 4.517.80 4.743.69 4.980.87 521-9.91 5.491.4.1
Building Inspector 1 4.000.2-33 4.200.24. 1:110.25 4.630.76 =1.863.30
Building Inspector 11 4.410.25 4:030.7[; 4,862.30 5,105.=13 5,360.69
Building Maintenance Specialise 3,210.72 3,371 26 3.539.82
3.716.81 3902.65
Centraleeptionisl 3.057.8, 3.310.72 3,37123
6 .53
R9.82 3.716.81
agineering'Technician 1 3210.72 3.371 2(i 3.539.82 3,716.81 -3-902.6-5
Digineering Toehnicuin 11 3.628.32 3,809.74 4.0D023 4.200.24 4,410.25
Finance Technician 3.809.74 4,000-23 4-200.24 4.410'5 4.630.76
GIS Analyst 1 4.302.67 4.517.80 =1.74.3.69 4.980.87
Inspector 4:000.33 4,20024 =1,41025 4.63(1.7[; =1.$62.30
Maintenance Leackvorlccr 4.200.24 4.410.35 4.6.30.76 4.862.30 5.105.42
Maintenance Worlcer 1 2.842.89 2.985.033.131:28 329(J.99 3,455.54
Maintenance Worker Il 3 210.72 3,371 26 3,539.82 33.716.81 3003.65
Maintenkince Worker 11 -Pesticide A pl. 3.37126 3.539.82 3-716.81 3,902.65 4.097.78
OInce Assistani 1 '(41.47 2.773.51 3.91322 3.057.33 3.310.73
Office Assistant 11 2.91222 3,057.83 3.210.72 -3-371-26 3.539.82
Office Assistani 111 3.057.8; 3210.72 3.371.26 3.539.82 3,716.81
Recreation Coordinator 3.(138.32 3.809.74 4.004.123 420024 4.41(125
Registered Veterinary Technician 3-134:28 3290.99 3,45;,54 3.G28.32 3.8()9.74
Senior Building Maintenance Specialist 3.628.33 3.809.74 4.(100.23 T200.24 4.410.25
Senior Planner 5.360.69 5,(;28.725.91(}.16 62(!5.67 6.51595
Senior Technical Support Specialist =1.000.33 420024 4.410.25 ZOO 76 4.862.30
Senior Zookeeper 3.716.81 3.902.65 4,097.78 4.302.67 4.517.80
'T•echnical Support.Specialist 3.290.99 3.455.54 3.628.32 3.809.7=1 4,000.33
Technical Trainer 11 3.809.74 4.000.23 4:-100.24 4A I0 25 =1.630.76
WWTP Operator I 3.455.58 3.625.36 3.809.73 4.000 27 4200.38
W WTP Operator 11 3.809.74• 4,00023 420024 4.41 0.25 4.630.76
W W'.rP operator I1} 420;).24 4.410.2-5 4.630.76 4,862.30 5.105.43
W'WTP O.ernor in Training 3,057.83 3210.72 3.37126 3.539.82 3,716.81
'Loa i cluca.tion Curator 2,912.22 3.057.83 3210.72 3.371.26 3.539.82
ZOO 1'aCilnaeS Mainl.enance Tech. 2.842.89 2.985.03 3.114.28 3.39(}.99 3.455.54
Zookeeper 1 2.842.89 2.955.03Zookeeper 11 3.134.28 3290,99 3.435.54
3._10.7. 317126 3.539,52 3.716.81 1 3.903.65
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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 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 4.3 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees
Retirement System(Ca1PERS).
TIER I
Miscellaneous Member employees covered under this MOU who were hired on or
before July 14, 20I3 are provided benefits pursuant to the 2.5% @ 55 Benefit
Formula (Government Code Section 21354.4), Final Compensation I 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 $% (eight percent). Miscellaneous Member employees will pay the
remaining 4.7% (four point seven percent) of the employee contribution.
TIER
Miscellaneous Member employees covered under this MOU who were hired between
July 14, 2013 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).
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Miscellaneous Member employees will pay the remaining 4.7% (four point seven
percent) of the employee contribution.
TIER 3
Pursuant to the Califon-iia 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 Ca1PERS new member under
PEPRA are provided benefits pursuant to 2% a, 62 Benefit Formula (G.C. Section
752100) 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 Ca1PERS on a pre-tax basis.
c. The City began pays and reports the value of Employer Paid Member Contributions
(EPMC) for Tier I employees and Tier 2 employees as described in Resolution No. 2003-
059.
SECTION 4.4 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
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 fanniiy
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).
?. 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 4.5 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:
Fears 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 lirs/pp
11 years completed 20 days/yr or 6.15 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 Ataseadero
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 4.6 HOLIDAY'S
The City shall recognize the following days as official City holidays.
Holiday Dail 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 1 st Monday in September
Veteran's Day November I 1
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 1 st 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 I''/2 their base hourly rate for the hours
worked on the holiday,plus compensation for the holiday.
SECTION 4.7 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
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,
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son-in-law, daughter-in-law. mother-in-law. fattier-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 4.8 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 4.9 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.
SECTION 4.9 WORD GLOVES
The City shall continue to provide employees with leather palmed work gloves. The City shall
issue regulations establishing reasonable standards for provision of the gloves, replacement of
gloves, and the maximum number of gloves made available during any fiscal year.
SECTION 4.10 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
s Building Maintenance Specialist
t' .
• Building*inspector 1& II
• Building Inspector/Plans ENaminer
• Inspector
• Maintenance Leadworker
• Maintenance Worker I& II
• 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 4.11. 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 $250.40.
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 4.12 COMPUTER PURCHASE
The City agrees to develop an Employee Computer Purchase Program. The City agrees to allow
employees to purchase hardware and work-compatible software using the City's government
discotmt. All costs shall be the responsibility of the employee.
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.
ARTICLE V -14EALTH 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 $1,356.53 per month for employees electing PPO Family coverage and no more than
$1,323.62 per month for employees electing HMO 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 $1,209.62 per month for employees electing PPO Employee +1 coverage and
no more than $1,011.23 per month for employees electing HMO 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 $905.29 per month for employees electing PPO Employee Only
coverage and no more than $766.36 per month for employees electing HMO 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.
Available hands 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
thirty thousand ($30,000) from July 1, 2014 through June 30, 2015. The City shall provide
term life insurance coverage for each employee in a total amount of fifty thousand ($50,000)
beginning July 1. 2015.
e. The City shall provide a terns 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,
r�y
but not limited to, Health Maintenance Organizations (HMO's), cost containment, etc., and
make recommendations to the City Manager.
c Flexible Benefits Plan. The City shall make available to employees covered by this MOU a
Flexible Benefit Plan, in compliance with appI.icable 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.
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 Rill compensation.
SECTION 5.2 UNIFORMS
The City shall provide unifom--is 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 l, 2014 and expires June 30, 2016.
SECTION 6.2 REOPENER
The City and the Union agree to reopen negotiations for Year 2 (fiscal year 2015/2016) if the
fiscal year 2014/2015 General Fund total tax revenue, (excluding any new tax revenue generated
by the potential sales tax ballot measure,) exceeds $13,131.570. Per page D7 of the budget
doctunent,the 2014/2015 total General Fund Tax Revenue is currently projected at $12,581,570.
Finance staff will produce a document showing estimated 2014/2015 ;eneral fund tax revenues
in April of 2015 and a document showing actual 2014/2015 general fund tax revenues in October
of 2015. If either of these documents show that 2014/2015 general fund tax revenues exceed the
current budget projection of$12,591,570 by $250.000 negotiations will be reopened at that time.
SECTION 6.3 SIGNATURES
This MOU has Keen ratified and adopted pursuant to the reconunendation of the following
representatives:
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