HomeMy WebLinkAbout2018-013 MOU SEIUCITY CF ATASQAD�ROO'
CONT
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
LOCAL 620 SERVICE EMPLOYEES
INTERNATIONAL UNION
ATASCADERO CHAPTER
AND
CITY OF ATASCADERO
July 1, 2018 thru June 30, 2021
SEW MOU 2018-2021 Page I
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 Support
Assistant
• Assistant Planner
• Associate Planner
• Building Inspector I
• Building Inspector II
• Building Maintenance
Specialist
• Finance Technician
• Inspector
• Lead Zookeeper
• Maintenance Worker I
• Maintenance Worker II
• Office Assistant I
• Office Assistant III
• Public Works Inspector
• Recreation Coordinator
• Senior Building
Maintenance Specialist
• Senior Maintenance
Worker
• Senior Technical
Support Specialist
• Systems Administrator III
• W WTP Operator I
• W WTP Operator II
• W WTP Operator III
• W WTP Operator in
Training
• Zoo Education Curator
• ZookeeperI
• Zookeeper11
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
(Government Code Section 3500, et seq.), and as provided under the City's Employer -
Employee Relations Policy.
SEW MOU 2018-2021 Page 2
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.
f1 R40 101) C 9 91 W*11111 W.X" 0D_DI0 1 D100 Y
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.
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.
SEW MOU 2018-2021 Page 3
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.
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.
SEW MOU 2018-2021 Page 4
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.
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. To the extent required by the
Government Code, or otherwise required by law, the City will rely on the information
provided by the Union in processing dues deductions for Union members.
h. Dues Deductions
The Union will maintain records of employee authorizations for dues deductions. The Union
will provide the City with information regarding the amount of dues deductions and the list
of Union members who have affirmatively consented to or authorized dues deductions. The
City shall not request the Union to provide a copy of any member's authorization unless a
dispute arises about the existence or terms of the authorization. To the extent required by the
Government Code, or otherwise required by law, the City will rely on the information
provided by the Union in processing dues deductions for Union members. The Union is
responsible for providing the City with timely information regarding changes to Union
members' dues deductions.
The Union agrees to indemnify, defend, and hold harmless the City, including its officers,
representatives, and agents, against any and all cost or liability arising from any claims,
demands, or other actions relating to the City's compliance with or application of provisions
of this Article.
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
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.
SEW MOU 2018-2021 Page 5
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.
SEN MOU 2015-2021 Page 6
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:
SEW MOU 2015-2021 Page 7
I to 15 minutes, overtime compensation —'/+ hour
16 to 30 minutes, overtime compensation — 'h hour
31 to 45 minutes, overtime compensation — % 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 Forty-two dollars ($42.00) 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.
SEW MOU 2018-2021 Page 8
SECTION 3.5 PATCMNG/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
working with paving contractors must adhere to the contractors' work schedules.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This three (3) year agreement shall provide salary increases according to the following formula
and schedule:
Year 1- Effective July 1, 2018, all employees covered under this MOU shall receive a 3.25%
(three point two five percent) salary increase. The following monthly salaries are effective July
1,2018:
SEN MOU 2018-2021 Page 9
MONTHLY SALARY
Effective July 1. 2018
I CLASSIFICATION I STEP A I STEP B I STEP C I STEP D I STEP E
Account Clerk 1
$ 2,994.27
$ 3,143.98
$ 3,301.18
$ 3,466.24
$ 3,639.55
Account Clerk II
$ 3,301.18
$ 3,466.24
$ 3,639.55
$ 3,821.53
$ 4,012.61
Administrative Assistant
$ 4,112.94
$ 4,318.59
$ 4,534.52
$ 4,761.25
$ 4,999.31
Administrative Support Assistant
$ 3,466.24
$ 3,639.55
$ 3,821.53
$ 4,012.61
$ 4,213.24
Assistant Planner
$ 4,534.52
$ 4,761.25
$ 4,999.31
$ 5,249.28
$ 5,511.74
Associate Planner
$ 5,249.28
$ 5,511.74
$ 5,787.33
$ 6,076.70
$ 6,380.54
Building Inspector 1
$ 4,318.59
$ 4,534.52
$ 4,761.25
$ 4,999.31
$ 5,249.28
Building Inspector II
$ 4,761.25
$ 4,999.31
$ 5,249.28
$ 5,511.74
$ 5,787.33
Building Maintenance Specialist
$ 3,466.24
$ 3,639.55
$ 3,821.53
$ 4,012.61
$ 4,213.24
Finance Technician
$ 4,112.94
$ 4,318.59
$ 4,534.52
$ 4,761.25
$ 4,999.31
Inspector
$ 4,318.59
$ 4,534.52
$ 4,761.25
$ 4,999.31
$ 5,249.28
Lead Zookeeper
$ 3,821.53
$ 4,012.61
$ 4,213.24
$ 4,423.90
$ 4,645.10
Maintenance Worker 1
$ 3,069.13
$ 3,222.59
$ 3,383.72
$ 3,552.91
$ 3,730.56
Maintenance Worker II
$ 3,466.24
$ 3,639.55
$ 3,821.53
$ 4,012.61
$ 4,213.24
Office Assistant 1
$ 2,851.69
$ 2,994.27
$ 3,143.98
$ 3,301.18
$ 3,466.24
Office Assistant III
$ 3,301.18
$ 3,466.24
$ 3,639.55
$ 3,821.53
$ 4,012.61
Public Works Inspector
$ 4,534.52
$ 4,761.25
$ 4,999.31
$ 5,249.28
$ 5,511.74
Recreation Coordinator
$ 3,917.09
$ 4,112.94
$ 4,318.59
$ 4,534.52
$ 4,761.25
Senior Building Maintenance Specialist
$ 3,917.09
$ 4,112.94
$ 4,318.59
$ 4,534.52
$ 4,761.25
Senior Maintenance Worker
$ 3,917.09
$ 4,112.94
$ 4,318.59
$ 4,534.52
$ 4,761.25
Senior Technical Support Specialist
$ 4,534.52
$ 4,761.25
$ 4,999.31
$ 5,249.28
$ 5,511.74
Systems Administrator III
$ 5,787.33
$ 6,076.70
$ 6,380.54
$ 6,699.57
$ 7,034.55
WWTP Operator 1
$ 3,730.56
$ 3,917.09
$ 4,112.94
$ 4,318.59
$ 4,534.52
WWTP Operator II
$ 4,112.94
$ 4,318.59
$ 4,534.52
$ 4,761.25
$ 4,999.31
WWTP Operator III
$ 4,534.52
$ 4,761.25
$ 4,999.31
$ 5,249.28
$ 5,511.74
WWTP Operator in Training
$ 3,301.18
$ 3,466.24
$ 3,639.55
$ 3,821.53
$ 4,012.61
Zoo Education Curator
$ 3,143.98
$ 3,301.18
$ 3,466.24
$ 3,639.55
$ 3,821.53
Zookeeper I
$ 3,069.13
$ 3,222.59
$ 3,383.72
$ 3,552.91
$ 3,730.56
Zookeeper II
$ 3,466.24
1 $ 3,639.55
1 $ 3,821.53
1 $ 4,012.61
$ 4,213.24
SEW MOU 2018-2021 Page 10
Year 2 - Effective July 1, 2019, all positions covered under this MOU shall receive a 2.5% (two
point five percent) salary increase. The following monthly salaries become effective July 1,
2019:
MONTHLY SALARY
Effective July 1. 2019
I CLASSIFICATION I STEP A I STEP B I STEP C I STEP D I STEP E
Account Clerk 1
$ 3,069.13
$ 3,222.59
$ 3,383.72
$ 3,552.91
$ 3,730.56
Account Clerk II
$ 3,383.72
$ 3,552.91
$ 3,730.56
$ 3,917.09
$ 4,112.94
Administrative Assistant
$ 4,215.75
$ 4,426.54
$ 4,647.87
$ 4,880.26
$ 5,124.27
Administrative Support Assistant
$ 3,552.91
$ 3,730.56
$ 3,917.09
$ 4,112.94
$ 4,318.59
Assistant Planner
$ 4,647.87
$ 4,880.26
$ 5,124.27
$ 5,380.48
$ 5,649.50
Associate Planner
$ 5,380.48
$ 5,649.50
$ 5,931.98
$ 6,228.58
$ 6,540.01
Building Inspector 1
$ 4,426.54
$ 4,647.87
$ 4,880.26
$ 5,124.27
$ 5,380.48
Building Inspector 11
$ 4,880.26
$ 5,124.27
$ 5,380.48
$ 5,649.50
$ 5,931.98
Building Maintenance Specialist
$ 3,552.91
$ 3,730.56
$ 3,917.09
$ 4,112.94
$ 4,318.59
Finance Technician
$ 4,215.75
$ 4,426.54
$ 4,647.87
$ 4,880.26
$ 5,124.27
Inspector
$ 4,426.54
$ 4,647.87
$ 4,880.26
$ 5,124.27
$ 5,380.48
Lead Zookeeper
$ 3,917.09
$ 4,112.94
$ 4,318.59
$ 4,534.52
$ 4,761.25
Maintenance Worker 1
$ 3,145.85
$ 3,303.14
$ 3,468.30
$ 3,641.72
$3 81
Maintenance Worker II
$ 3,552.91
$ 3,730.56
$ 3,917.09
$ 4,112.94
$ 4,318.59
Office Assistant 1
$ 2,922.98
$ 3,069.13
$ 3,222.59
$ 3,383.72
$ 3,552.91
Office Assistant Ill
$ 3,383.72
$ 3,552.91
$ 3,730.56
$ 3,917.09
$ 4,112.94
Public Works Inspector
$ 4,647.87
$ 4,880.26
$ 5,124.27
$ 5,380.48
$ 5,649.50
Recreation Coordinator
$ 4,015.00
$ 4,215.75
$ 4,426.54
$ 4,647.87
$ 4,880.26
Senior Building Maintenance Specialist
$ 4,015.00
$ 4,215.75
$ 4,426.54
$ 4,647.87
$ 4,880.26
Senior Maintenance Worker
$ 4,015.00
$ 4,215.75
$ 4,426.54
$ 4,647.87
$ 4,880.26
Senior Technical Support Specialist
$ 4,647.87
$ 4,880.26
$ 5,124.27
$ 5,380.48
$ 5,649.50
Systems Administrator III
$ 5,931.98
$ 6,228.58
$ 6,540.01
$ 6,867.01
$ 7,210.36
WWiP Operator 1
$ 3,823.81
$ 4,015.00
$ 4,215.75
$ 4,426.54
$ 4,647.87
WWiP Operator 11
$ 4,215.75
$ 4,426.54
$ 4,647.87
$ 4,880.26
$ 5,124.27
WWiP Operator 111
$ 4,647.87
$ 4,880.26
$ 5,124.27
$ 5,380.48
$ 5,649.50
VWViP Operator in Training
$ 3,383.72
$ 3,552.91
$ 3,730.56
$ 3,917.09
$ 4,112.94
Zoo Education Curator
$ 3,222.59
$ 3,383.72
$ 3,552.91
$ 3,730.56
$ 3,917.09
Zookeeper 1
$ 3,145.85
$ 3,303.14
$ 3,468.3
$ 3,6124$4ZookeeperII 4
3,823.81
$3,552.91
$3,730.56
$3,917.00
318.59
Year 3 - The parties agree that they will reopen the MOU regarding salary in the third year of the
agreement. It is the intent of the parties that re -opening on any issue other than salary will be by
mutual agreement only.
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.
SEIU MOU 2018-2021 Page 11
The City is committed to providing evaluations and step increases in a timely manner. At
the request of designated Union representatives, but not more than monthly, designated
Union representatives shall be provided a list of evaluations that are more than 30 days
overdue for those employees that are eligible for a step increase. It is understood that
Union representatives will be contacting the supervisor or department head of employees
on the list, urging the supervisor to make the evaluation a priority.
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.
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 (CaIPERS).
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
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).
SEW MOU 2018-2021 Page 12
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 CaIPERS 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 Ca1PERS 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 4.4 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 family
members:
SEW MOU 2018-2021 Page 13
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 4.5 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:
Years of Service
Less than 3 years
3 years completed
5 years completed
7 years completed
9 years completed
11 years completed
15 years completed
20 years completed
Accrual Rate
10 days/yr or 3.08 hrs/pp
12 days/yr or 3.69 hrs/pp
14 days/yr or 4.31 hrs/pp
16 days/yr or 4.92 hrs/pp
18 days/yr or 5.54 hrs/pp
20 days/yr or 6.15 hrs/pp
22 days/yr or 6.77 hrs/pp
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.
SEIU MOU 2018-2021 Page 14
SECTION 4.6 HOLIDAYS
The City shall recognize the following days as official City holidays.
Holiday
New Year's Day
Martin Luther King, Jr. Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
"Floating" Holiday
Day Observed
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1 st Monday in September
November 11
4th Thursday in November
Friday after Thanksgiving
December 24
December 25
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 11/2 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,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or
significant other.
SEIU MOU 2018-2021 Page 15
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 4.10 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
• Building Maintenance Specialist
• Building Inspector I & II
• Public Works Inspector
• Inspector
• Maintenance Worker I & II
• Senior Maintenance Worker
• Lead Zookeeper
• WWTP Operator I, II, III
• WWTP Operator -in -Training
SEW MOU 2018-2021 Page 16
• Zoo Education Curator
• 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 $250.00.
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 4.12 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 - 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 $1,764.21 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 $1,303.32 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 $940.91 per month for employees electing Employee Only coverage.
SEIU MOU 2018-2021 Page 17
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.
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.
SEW MOU 2018-2021 Page 18
ARTICLE VI - CLOSING PROVISIONS
SECTION 6.1 TERM
The term of this MOU shall commence on July 1, 2018 and expires June 30, 2021.
SECTION 6.2 JOINT COMMITMENT TO FAIR AND REASONABLE CHANGES TO
THE CALPERS SYSTEM
The interests of the City and the SEN are generally aligned: both seek fair and reasonable
changes to the Ca1PERS 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 Ca1PERS member agencies and labor, working collaboratively.
City and SEN 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.
SECTION 6.3 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
10-
Ine
Date
Date
to
[�_0/$
Date SEN
Date
Date SEIU
Date
CI1 T C ERO
Mayor Date Ci Manager Date
SEW MOU 2018-2021 Page 19