HomeMy WebLinkAboutRESO 9277Resolution No. 9277
Resolution of the Council of the City of Palo Alto
Amending Section 1401 of the Merit System Rules and
Regulations to Adopt a New Memorandum of Agreement
(MOA) with the Service Employees' International Union,
Local 521 (SEIU)
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Section 1401 of the Merit System Rules and Regulations is hereby
amended to read as follows:
"1401. Memorandum of Agreement incorporated by reference.
That certain memorandum of agreement by and between the City
of Palo Alto and Service Employees' International Union
("SEIU"), Local 521, consisting of a Preamble and Articles I
through XXVI, and Appendices A through G, for a term
commencing July 1, 2012, and expiring December 1, 2013, is
hereby incorporated into these Merit System Rules and
Regulations by reference as though fully set forth herein. Said
memorandum shall apply to all employees in classifications
represented by SEIU Local 521, except where specifically
provided otherwise herein.
In the case of conflict with this chapter and any other provisions of
the Merit System Rules and Regulations, this chapter will prevail
over such other provisions as to employees represented by said
SEIU Local 521."
SECTION 2. The changes provided for in this resolution shall not affect any right
established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or
any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date
of this resolution.
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City of Palo Alto and SEIU Local 521
Tentative Agreement July 5, 2012
PREAMBLE-
2012-2013 MEMORANDUM OF AGREEMENT
City of Palo Alto and Local 521, SEIU, CTW
This Memorandum of Agreement (hereinafter "MOA".is entered into by the City of Palo
Alto (hereinafter referred to as the "City") and Local 521 Service Employees
International Union, ctw (hereinafter referred to as the "Union"). For the purposes of
this MOA "employee" shall mean an employee assigned to a classification within the
SEIU General Employee bargaining unit. This MOA is pursuant and subject to Sections
3500-3510 of the Government Code of the State of California and Chapter 12 of the City
of Palo Alto Merit Rules and Regulations.
ARTICLE I -RECOGNITION
Section 1 -Recognition. Pursuant to Sections 3500 -3510 ofthe Government Code of
the State of California and Chapter 12 of the City of Palo Alto Merit System Rules and
Regulations, the City recognizes the Union as the exclusive representative of a
representation unit consisting of all regular full and part-time employees in the
classifications listed in Appendix A attached hereto. This unit, shall for purposes of
identification, be titled the SEIU General Employees bargaining unit (hereinafter
"General Unit").
Section 2 -Protection of Unit. No supervisor will perform the work of an employee in
the General Unit provided that there is an employee available who regularly performs
such work. This does not preclude a supervisor from performing work of a minor nature
or during bona fide emergencies or on a standby status when willing and qualified unit
employees do not live within a reasonable response time of their work location.
Supervisory personnel shall be called out to perform unscheduled work only when SEIU
General unit employees are unavailable to perform such work or in cases of bona fide
emergencies as defined in Article VIII, Section 2. In caSes of bona fide emergencies,
SEIU General Unit employees shall be called out to complete the necessary work after
the immediate emergency situation has been reasonably contained.
ARTICLE II -NO DISCRIMINATION
Section 1 -Discrimination. The City and Union agree that no person employed by or
applying for employment hereto shall be discriminated against because of race, religion,
creed, political affiliation, color, national origin, ancestry, union activity, age, disability,
sexual orientation, or gender.
Section 2 -Right to Join the Union. The City and the Union agree to protect the rights of
all employees to exercise their free choice to join the Union and to abide by the express
provisions of applicable State and local laws.
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Tentative Agreement July 5,2012
ARTICLE III -UNION SECURITY
Section 1 -Notice. When a person is hired in any of the coveredjob classifications, the
City shall notify that person that the Union is the recognized bargaining representative for
the employee and give the employee a current copy of the Memorandum of Agreement.
When a group employee orientation is held for new employees of the bargaining unit, a
union representative may make a presentation to such bargaining unit employees for the
purpose of explaining matters of representation. The presentation shall not exceed 15
minutes.
Section 2 -Agency Shop.
a) Every employee in the bargaining unit covered by this Memorandum of Agreement
shall:
1) remain a member in good standing of the Union; or
2) pay to the Union a monthly service fee, to be set by the union in accordance
with applicable law, in an amount not to exceed the standard initiation fee,
periodic dues, and general assessments of the organization; or,
3) in the case of an employee who certifies that he/she is a member of a
recognized religion, body or sect which has historically held conscientious
objection to joining or financially supporting public employee organizations,
pay a charity fee, equal to the service fee, to a non-religious, non-labor
charitable fund exempt from taxation under Section 501 (c)(3) of the Internal
Revenue Code, chosen from one of the following three charitable
organizations agreed. to by the City and the Union (or any successor
organization(s) agreed to by the City and the Union):
United Way of California
Community Health Charities
Environmental Federation of California
Union members may declare their intention to terminate Union membership by
registered letter, return receipt requested, to the Director of Human Resources and the
Union only during the 30-day period between 60 and 90 days before expiration of the
MOA.
b) Employees who are newly hired into or who join the bargaining unit shall elect one of
the above payment deduction options by completing and submitting the Employee
Election form within thirty (30) calendar days of being hired into a classification
covered by this MOA.
c) To qualify for deduction of the Charity Fee, the employee must certify to the Union
and City that he/she is a member of a bona fide religious body or sect that has
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City of Palo Alto and SEIU Local 521
Tentative Agreement July 5, 2012
historically held conscientious objection to joining or financially supporting public
employee organizations. The employee is required to submit to the City and the
Union a notarized letter signed by an official of the bona fide religion, body, or sect
certifying that person's membership. Upon request, the City shall provide to the
Union a report of payments made by employees that qualify for the Charity Fee
option in this subsection.
d) The deductions in this Section shall not apply during any period where an employee
is in an unpaid status.
e) Involuntary Service Fee Deduction Process: The City shall deduct a service fee from
the salary of each bargaining unit member who has not authorized a dues deduction,
service fee deduction or charity fee· in writing within the time stated in this Section,
above. The Union certifies that it has consulted with knowledgeable legal counsel
and has thereby determined that this involuntary service fee deduction process
satisfies all constitutional and statutory requirements.
t) Agency shop may be rescinded only in accordance with the provision of state law.
g) Indemnification, Defense and Hold Harmless: Union agrees to indemnify and hold
harmless the City and all officials, employees, and agents acting on its behalf, from
any and all claims, actions, damages, costs, or expenses including all attorney's fees
and costs of defense in actions against the City, its officials, employees or agents as a
result of actions taken or not taken by the City pursuant to the Agency Shop
Arrangement.
h) Sign-up forms for deduction of union dues, service fees and charity fees shall be
provided by the Union and approved by the City.
Section 3 -Documentation.
The City shall supply the Union with:
a) a monthly electronic file of the names, member/fee payer designation, addresses,
classifications, monthly base pay, pay period number, Committee on Political
Education (COPE) listed separately and last four digits of the Social Security number
of all bargaining unit employees except those who file written notice with the Human
Resources Department objecting to release of addresses, in which case information
will be transmitted without address; and
b) a list of bargaining unit new hires, terminations and retirements which occurred
during the previous month.
The Union shall supply the City, and as applicable, the employees, with
documentation required by Government Code Section 3502.5 (t).
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Tentative Agreement July 5,2012
Section 4 -Payroll Deduction. The City shall deduct Union membership dues, service
fees, charity fees, and any other mutually agreed upon payroll deduction, which may
include voluntary COPE check-off, from the bi-weekly pay of bargaining unit employees.
The dues/fees deduction must be authorized in writing by the employee on an
authorization form acceptable to the City and the Union, except as provided in Section
2( e), above. The dues deduction form shall include a check box for those employees who
wish the Union to receive notification in the event of unsatisfactory work, conduct, or
disciplinary action taken pursuant to Article XX. City shall remit the deducted dues or
fees to the Union as soon as possible after deduction.
Section 5 -Bulletin Boards and Departmental Mail. The Union shall have access to inter-
office mail, existing bulletin boards in unit employee work areas, and existing Union-paid
telephone answering device for the purpose of posting, transmitting, or distributing notice
or announcements including notices of social events, recreational events, Union
membership meetings, results of elections and reports of minutes of Union meetings.
Any other material must have prior approval of the Human Resources Office. Action on
approval will be taken within 24 hours of submission. The Union may send email
messages only for the purposes set forth above. The IT Department will maintain the
SEIU list and keep it current. The Union access to email is based on the following
conditions: 1) emails to the SEIU list will be copied to the Human Resource Director at
distribution; 2) emails to the SEIU list will only be sent by the SEIU Chapter Chair, Vice
Chair, Chief Steward (s) or Secretary, 3) a maximum of 52 emails may be sent per year
and a maximum of 12 emails may be sent by the SEIU Chapter Secretary.
Section 6 -Access to Union Representatives. Representatives of the Union are
authorized access to City work locations for the purpose of conducting business within
the scope of representation, provided that no disruption of work is involved and the
business transacted is other than recruiting of members or collecting of dues, and the
representative must notify the Human Resources Department Office prior to entering the
work location.
Section 7 - Meeting Places. The Union shall have the right to reserve City meeting and
conference rooms for use during lunch periods or other non-working hours. Such
meeting places will be made available in conformity with City's regulations and subject
to the limitations of prior commitment.
Section 8 -Notification to the Union.
a) General. The Union shall be informed in advance in writing by Management before
any proposed changes not covered by this Memorandum of Agreement are made in
benefits, working conditions, or other terms and conditions of employment which
require meet and confer or meet and consult process.
b) Change in City's Financial Situation. Should the City's financial situation
deteriorate and the possibility of layoffs result, the City Manager will give prior
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Tentative Agreement July 5, 2012
notice to and consult with the Union prior to recommending any layoffs to the City
CounciL
c) Vacancies and Temporary Personnel. The City agrees to notify SEIU Local 521 in
writing when any irregular, temporary, hourly, provisional, special or extra help
employee who consistently performs work typical of the SEIU Local 521 bargaining
unit exceeds 1,000 hours of work within a 18-month period. The City agrees to
notify SEIU Local 521 in writing when any position covered by this agreement is left
vacant for more than 60 days. Through a separate meet and confer process, the City
and Union will develop a way to convert long term, ongoing temporary-hourly
positions to regular status. The City and Union will meet and confer regarding
wages, benefits and terms and conditions of work.
Section 9 -Union Logo. All materials and documents produced on Itek and metal plates,
by the City print and reproduction shop, shall carry the Union label on the inside of
. covers or title pages in accordance with customary printing trades practices.
Section 10 -Public Notice. The City shall make available to the Union, in a timely
manner, copies of all City Council meeting agendas, minutes and schedule of meetings.
These materials may be picked up at the City Clerk's Office during business hours.
Section 11 -Use of Agency Reports. Upon request, the City shall provide to the Union
reports by department on the use of agency temporaries filling representation unit vacant
positions, or doing work similar to that of representation unit classifications.
Section 12 -Job Postings. The City shall incorporate the requirements of this Article
when publicizing job announcements for classifications covered by this Memorandum of
Agreement.
Section 13 -Contracting Out. The City through the labor management process will kept
the Union advised of the status of the budget process, including any formal budget
proposal involving the contracting out of SEIU bargaining unit work traditionally
performed by bargaining unit members at least thirty (30) days prior to the release of the
City Manager's proposed budget. The City will notify the Union in writing at least
ninety (90) days prior to contracting work which has been traditionally performed by
bargaining unit members, where such contracting will result in layoff or permanent
reduction in hours. Within the ninety (90) day period of contracting out, both parties may
offer alternatives to contracting out and meet and confer on the impact of such
contracting out of a bargaining unit employee work. The City will notify the Union in
writing when contracting out work which has been traditionally performed by bargaining
unit workers, where such contracting out is expected to replace a laid off bargaining unit
position that has been eliminated within ninety (90) days prior to the date of the planned
contract work. When feasible, the City will provide such notice prior to the beginning
date of the planned contract work. The City will meet with the Union upon request to
discuss alternatives. This provision does not apply to the filling of temporary vacancies
of twelve (12) months or less duration. The City will provide the Union with a biannual
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Tentative Agreement July 5, 2012
list by department of all contract workers or vendors who are contracted by the City who
perform work for the City. The City will make a reasonable effort to identify the names
of the vendors on the list and the nature of the work provided byeach vendor.
ARTICLE IV -STEWARDS
Section 1 -Union Officers. The Union agrees to notify the Director of Human Resources
of those individuals designated as Union officers and stewards who receive and
investigate grievances and represent employees before Management. Alternates may be
designated to perform steward functions during the absences or unavailability of the
steward.
Section 2 -Number of Stewards. The number of stewards designated by the Union at a
given time shall not exceed thirty-five (35).
Section 3 -Release Time. It is agreed that, as long as there is prior notice as specified
below to the Supervisor with no disruption of work, stewards shall be allowed reasonable
release time away from their work duties, without loss of pay, to represent a unit
employee or employees on grievances or matters within the scope of representation,
including:
a) A meeting of the steward and an employee, or employees of that unit related to a
grievance.
b) A meeting with Management.
c) Investigation and preparation of grievances.
Grievances may be transmitted on City time. All steward release time shall be reported
on time cards.
Section 4 -Advance Notification Before Leaving Work Location. The Union agrees that
the steward shall give no less than one (1) full business day advance notification to
hislher supervisor before leaving the work location, except in those cases involving an
unforeseeable circumstance that requires immediate union representation where advance
notice cannot be given or when the relevant supervisor otherwise allows less notice. A
supervisor may deny such a request for release from duty if the steward is needed to
ensure real time delivery of services that the steward provides for the public or internal
City customers and another employee who normally provides such services is not
available on a straight time basis to relieve the steward, or in a bona fide emergency. If
such denial occurs, the union may request the release of another of its designated
stewards to perform the representation duties involved. Such request shall be processed
in accordance with the terms set forth in this section except that the requirement for a full
business day advance notice to the replacement representative's supervisor shall not
apply. Nothing herein shall preclude the City from rescheduling a meeting it has
scheduled, to facilitate the attendance of a steward who has requested release if, in the
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City's judgment, such change can be undertaken without undermining the objectives of
the meeting.
Section 5 -Release Time. Three Union officers, who are City employees, shall be
allowed a reasonable amount of release time off for purposes of meeting and conferring
or meeting and consulting on matters within the scope of representation. All such time
will be reported on timecards.
Section 6 -Designated Union Space. Union stewards may utilize space in assigned desks
for storage of Union materials. In the event stewards are not assigned desks the City will
provide locker or other mutually agreeable space for storage of Union materials.
Section 7-Union Officers and Release Time. Six union officers, who are City employees
shall be allowed a reasonable amount of release time off for monthly LaboriManagement
Meetings.
ARTICLE V -REDUCTION IN FORCE
Section 1-Attrition: In the event of reductions in force, they shall be accomplished
wherever possible through attrition.
Section 2 -Advance Notice. When the City determines that layoffs are imminent
resulting from reduction in force within the representation unit, the City will give the
Union such advance notice as is reasonable under the circumstances. The notice will
indicate the departments and divisions which will be affected and the circumstances
requiring the layoffs. The City will furnish the Union with a current representation unit
seniority list with notice of layoff.
Section 3 -Order of Layoff. If the work force is reduced within a department, division,
or office for reasons of change in duties or organization, abolition of position, shortage of
work or funds, or completion of work, employees with the shortest length of service will
be laid off first so long as employees retained are fully qualified, trained, and capable of
performing remaining work. Length of service for the purpose of this article will be
based on current service hire date of record in a regular classification with no adjustment
. for leaves of absence. Length of service ties will be determined by lot in a method
agreeable to both parties. Employees laid off due to the above reasons will be given
written notice at least thirty days prior to the reduction in force. A copy of such notice
will be given to the Union. Such employees shall be offered priority employment rights
to regular positions which are requisitioned and for which the employees are qualified for
a period beginning with notification and ending sixty (60) days following the reduction in
force. Employees transferred or reclassified under this section will be assigned to the
step in the new classification salary range closest to the employee's salary range at the
time of reclassification. Employees laid off pursuant to this section shall receive the
balance of all regular City compensation owed and severance pay equal to one month's
salary at the employee's final rate of pay at termination. This does not include any
amounts payable under Article V, Section 6, or PERS contribution refunds, if any.
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Section 4 -SeniorityiBumping Rights. Employees identified for layoff who have
seniority (bumping) rights to their current or previously held classifications within the
representation unit must declare their intention to exercise these rights in writing and
submit to the Human Resources Department within seven (7) working days after written
notification of layoff, otherwise bumping rights will automatically terminate. Bumping
may occur within the representation unit, only to the least senior incumbent of the current
or a previously held classification. To bump, the employee must be fully qualified,
trained, and perform all work in the position. F or purposes of this section of the
Agreement, the term "working days" shall mean Mondays through Fridays, exclusive of
holidays.
Section 5 -Re-Employment List. The names of employees laid off or who through
bumping changed.classification in accordance with the provisions of this Article shall be
entered upon a re-employment list in seniority order. The employee with the greatest
seniority on the re-employment list, including those who exercised their bumping rights,
shall be offered reinstatement first. Such notice of reinstatement shall be in writing with
a copy to the employee, Union and Chapter Chair. If a laid off employee waives
reinstatement or fails to respond within ten (10) working days of receipt of the notice, the
employee shall be removed from the reemployment list. The person with the highest
seniority including those who exercised their bumping rights on a re-employment list for
a particular classification when a vacancy exists in that classification shall be offered the
appointment. Names shall be carried on a re-employment list for a period of two (2)
years from the date of separation from City services or change of classification through
bumping. Upon re-employment within the two-year period, the employee's hire date of
record at the time of layoff will be reinstated.
Section 6 -Sick Leave Balances. Employees laid off pursuant to Section 2 who are
reinstated to a regular position within sixty (60) days shall retain the sick leave balance
they had at the time of layoff, unless they have received a sick leave payoff in accordance
with Article XII.
Section 7 -Hourly Employees Performing Duties. No representation unit employee will
be laid off or remain on a re-employment list when hourly employees are performing
substantially all the duties of the classification of the employee receiving a layoff notice
or on a re-employment list. This provision shall not be applied to hourly positions which
have been traditionally used for seasonal and part-time work.
ARTICLE VI -PERSONNEL ACTIONS
Section 1 -Probation. Each new regular or part-time employee shall serve a probationary
period of twelve (12) months, commencing with the first day ofhislher employment. The
probationary period shall be regarded as a part of the testing process and shall be utilized
for closely observing the employee's work, for securing the effective adjustment of a new
employee to hislher position, and for rejecting any probationary employee whose
performance does not meet the acceptable standards of work. At least one written
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Tentative Agreement July 5,2012
performance appraisal will be given each probationary employee on or before expiration
of the probationary period. Normally, this appraisal will be given at the end of the third
month. In the event of termination prior to successful completion of the probationary
period, such terminated employee shall be given written notice of hislher termination
with the reasons for the termination stated therein. The Human Resources Department
shall, upon request, afford an interview in a timely fashion to the terminated employee for
discussion of the reasons for termination. The employee may, upon request, be
accompanied by a Union representative. The interview shall not be deemed a hearing nor
shall it obligate the City to reconsider or alter the termination action. The parties agree
that probationary employees shall have all rights under this Memorandum of Agreement,
including full and complete access to the grievance procedure, save and except for
instances of suspension, demotion or termination.
Section 2 -Personnel Evaluations. Personnel evaluations will be given to employees as
scheduled by Management. Personnel evaluations are not appealable through the
grievance procedure but, in the event of disagreement over content, the employee may
request a review of the evaluation with the next higher level of Management, in
consultation with the Human Resources Department. F or purposes of this review, the
employee may be represented by the Union. Decisions regarding evaluation appeal shall
be made in writing within ten (10) working days following the review meeting.
Section 3 -Personnel Files. Records of all disciplinary actions shall be kept in the central
personnel file. Employees shall be entitled to sign and date all action forms in their
personnel files. Employees are entitled to review their personnel files upon written
request or to authorize, in writing, review by their Union representatives. An employee
or the Union shall be allowed, upon reasonable request, copies of materials in an
employee's personnel file relating to a grievance. Records of disciplinary actions,
including references in a performance evaluation, shall be removed from a personnel file
upon written request by the employee or in the normal process of file review after a
period of three years, or sooner as mutually agreed by Management and the employee.
Section 4 -Release of Information. The City will only release information to creditors or
other persons upon prior identification of the inquirer and acceptable reasons for the
inquiry. Information then given from personnel files is limited to verification of
employment, length of employment and verification and disclosure of salary range
information. Release of more specific information may be authorized by the employee.
Section 5 -Promotional Opportunities.
a) Posting. Promotional opportunities for classifications within the representation unit
will be posted for at least ten (lO) working days (Monday through Friday) prior to
selection. Outside recruitment may be used for promotional openings and may begin
at the time of posting, or any time thereafter. If, however, there are three or more
qualified internal candidates within the department where the vacancy occurs, and
those candidates successfully complete the selection process, outside candidates will
not be considered.
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b) Internal Candidate Eligibility. All non-probationary representation unit employees
are eligible to apply for posted promotional opportunities, except that Management
may waive this requirement for all probationary employees within the department
where the promotional opportunity occurs.
c) Selection. The selection procedure for each promotional opening will be determined
and administered by the Human Resources Department in consultation with the
requisitioning department. Selection procedure and job description information will
be available at the Human Resources Office at the time of posting. Efforts will be
made to standardize tests and procedures where standardization is feasible and
appropriate. Any tests used shall be reasonably predictive of success in the
classification, and tests not be biased with respect to race, sex, sexual orientation,
religion, creed, political affiliation, color, national origin, ancestry, or age. Selection
procedures may include any or all of the following phases:
1) Application. Both inside and outside candidates must complete a City of Palo
Alto application form specified by the Human Resources Department.
Applications must be submitted to the Human Resources Office.
2) Screening. Applications will be screened by the Human Resources Department
to ascertain whether candidates meet minimum requirements as outlined in the job
description. Internal candidates deemed not to meet minimum requirements may
submit additional qualification information writing within three working days of
notification of requirement deficiency.
3) Performance Testing. Performance tests, such as typing, machinery or vehicle
operation, skills demonstration, physical agility, etc., will be qualifying. Pass-fail
points will be announced in advance for qualifying tests. If requested in writing
prior to the test, performance test may be witnessed by Union steward.
4) Written Tests. Written achievement or aptitude tests will be qualifying. Pass-
fail points will be announced in advance for qualifying tests.
5) Interviews, Appraisals. Interviews may be conducted individually or by
interview boards and will be qualifying. Interview boards shall be composed of
qualified and unbiased people. Where interview boards are used, Management
will include at least one bargaining unit employee on each board. If individual
interview or an interview board is used, a majority of the individuals or board
members must recommend a candidate in order for the candidate to qualify for
appointment. Performance appraisals written by candidates' supervisors may be
used as indicated in the selection procedure.
d) Recommended Candidates. Candidates who successfully complete all phases of the
selection procedure will be recommended to the appointing authority.
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e) Seniority. Seniority, for purposes of this Article, will be based on current service
hire date of record in a regular classification with no adjustment for leaves of
absence. Seniority ties will be determined in favor of the employee with the lowest
employee number last four digits. Exceptions to this subsection may be established
by mutual agreement on a departmental or divisional basis. Such exceptions are
listed in Appendix G.
f) Appointment. The appointing authority will make appointments from among those
recommended candidates who are most qualified as determined by objective review
of selection procedure results and background materials. Where appointments are
made from only internal candidates who are equally qualified as determined by
objective review of selection procedure results and past performance, seniority will be
the determining factor in promotional appointments.
g) Violations. Any violation of this Article may be appealed to the Human Resources
Director in Step III of the grievance procedure.
Section 6 -Rights. Unit employees applying for a vacant equal or lower paying position
shall have the same rights as unit employees applying for a promotion.
Section 7 -Apprentice Positions. (a) The City shall establish apprentice positions
wherever feasible. Length of apprenticeship, type of training, and pay levels shall be by
mutual agreement. Where possible, apprentice positions will underfill regular positions
so that incumbents may automatically progress to the classification for which they are
training upon successful completion of apprenticeship. The City will meet and confer
with the Union before adding any new apprenticeship programs during the term of this
agreement. All apprenticeship programs are listed in Appendix B.
Section 8 -Rotation. In assigning employees to regular or special shifts, transfer,
standby, overtime, or vacation selection, ability to perform the work, length of service
and/or equitable rotation shall determine the assignments. In accordance with this
provision, more definitive rules may be arranged by mutual agreement of the Union and
individual City departments.
ARTICLE VII -PAY RATES AND PRACTICES
Section 1 -Salary. The base salary rates and ranges for job classifications covered by
this bargaining unit are as set forth in Appendix A attached hereto. Said rates and ranges
reflect an increase of one and sixty-five one-hundredths percent (1.65%) of June 30, 2012
base rates effective on the first day of the pay period including July 1, 2012 or on
adoption ofthis MOA, whichever is later.
Section 2 -Step Increases.
Merit advancements from the first salary step to the second salary step shall be granted at
six-month intervals and between second and subsequent steps at one-year intervals, if the
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affected employee has demonstrated continued improvement and efficient and effective
service. For the purpose of determining step time requirements, time will commence on
the first day of the month coinciding with or following entrance onto a salary step. Step
increases shall be effective on the first day of the payroll period in which the time
requirements have been met.
Section 3 -Working Out of Classification. The term "working out of classification" is
defined as a Management authorized full-time assignment to a budgeted position on a
temporary basis wherein all significant duties are performed by an individual holding a
classification within a lower compensation range. Pay for working out of classification
shall be as follows:
a) Employees appointed to an "out of classification" will receive acting pay within the
range of the higher classification beginning the first day of the assignment and shall
be paid for all hours worked in the higher classification provided employee works a
minimum of four (4) hours. Where out-of-class appointments last for more than 90
days, and whenever feasible, out-of-class appointment will be rotated among
qualified interested employees in the work group. Employees will receive 5%
premium pay for all assigned out of class pay for work within SEIU Classifications
with the exception of lead assignments where the out of class pay will result in a 7%
premium pay. Out-of-classification provisions do not apply to work assignments
performed in connection with specific predetermined apprenticeship or training
programs, or declared conditions of public peril and/or disaster.
Section 4 -Classification Changes.
a) During the course of this agreement, the Union and affected employees shall be
notified in advance of any contemplated changes in classification description, wage
range or steps. Such changes shall be subject to the meet and confer process. Such
meet and confer process shall be concluded within no more than thirty (30) days
following delivery ofthe City's notice to the Union. If the Union and the City cannot
reach agreement on the appropriate pay level from a job so reclassified, the Union
may, within ten (10) City business days following the conclusion of the meet and
confer process described above by delivery of written notice to the Human Resources
Director, refer the dispute over the proposed wage range or steps to arbitration at Step
IV of the Grievance Procedure set forth at Article XIX of this Memorandum of
Agreement.
Section 5 -Reclassification Requests.
a) An employee or hislher representative may request in writing a re-evaluation of
hislher job based on significant permanent changes in job content or significant
discrepancies between job content and classification description. The request must be
in writing, contain justification and may be made only on an annual basis during the
period of September 10 through October 10. A statement by management that a job
reevaluation request will be submitted with the departmental budget does not relieve
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an employee from the responsibility of submitting hislher own request during this
period. The Human Resources Director or his or her designee will initially respond to
such requests within ninety (90) calendar days by notice to the employee ahd the
union; however, this time line may be extended if necessary. Such response shall
include any reclassification to a different classification or changes in description that
the City believes are warranted and any related changes in applicable pay range or
steps. If meetings are held, the employee may request representation. If a
reclassification is approved and results in an increase in salary, it shall be retroactive
to the date the Employee or Union filed the request for the reclassification.
b) If the employee or Union disagrees with the accuracy of the description of duties
resulting from the study conducted pursuant to subsection (a) of this Section or with
the wage range or steps assigned by the City as a result of the study, the employee or
Union may, within ten (10) City business days of delivery of notice of such
determination, appeal such decision under step IV of Article XIX, Grievance
Procedure.
c) In a dispute under Section 4(a) or section 5(b) above, the arbitrator shall render his or
her decision on the appropriate wage range or steps within twenty-one (21) days after
the initial hearing date. The same time line will be observed for disputes over the
accuracy of the. revised classification description. The parties will notify the
arbitrator of this deadline at the time of the arbitrator's selection. In reaching a
decision on wage range and steps under Section 4(a) or 5(b) above, the arbitrator shall
base his or her award on the factors traditionally taken into account in the
establishment of compensation. When deciding a dispute over the accuracy of the
revised classification description under section 5(b) above, the arbitrator shall identify
the modifications of the pre-existing classification necessary to accurately reflect the
permanent changes, if any, that have been implemented. Upon receipt of the
arbitrator's award, the City shall implement the revised classification and wage range
or steps as provided in the award except as provided under subsection 5( c) of this
section below. Not withstanding an arbitrator's award pursuant to any appeal
process, the City retains the right to forego implementing the changes and the
proposed changes shall revert to the status quo as it existed before those changes in
duties occurred or were proposed.
d) An employee may submit a request for reclassification for the same classification no
more than once every twenty-four (24) months.
Section 6 -Advance of Vacation Pay. Vacation pay shall be made available in advance
of regular payday, provided that employee requests such advance in writing to the
Finance Department at least two weeks prior to hislher vacation date. The employee's
supervisor must verify vacation date on the request.
Section 7 -Assignment to a Lead Position. All vacancies in lead positions shall be filled
in accordance with Article VI, Section 5. The pay range for the lead position shall be
seven percent above the pay step of the highest paid employee on the crew.
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Departmental exceptions for filling lead positions on a rotational basis for training and
development purposes may be arranged by mutual agreement of the Union and individual
City departments. Current exceptions are listed in Appendix C.
Section 8 -Realignments and Survey Data Base.
a) Management and the Union have agreed to a compensation survey data base structure
which identifies specific benchmark classifications for job families, classifications
within the job families of each benchmark classification, survey agencies and surv((y
classification matches. Survey Cities include:
Alameda
Berkeley
Daly City
Fremont
Hayward
Mountain View
Redwood City
San Jose
San Mateo
Santa Clara
S. San Francisco
Sunnyvale
If, in the opinion of the Human Resources Director (or designee), the employer list will
not permit the production of a survey report that includes data from at least four (4)
employers that employ employees in a classification comparable to the classification
surveyed by the City, the Human Resources Director (or designee) will attempt to
identify the other employers in the relevant recruitment area that employ workers in a
comparable classification so that data from at least five (5) surveyed employers will be
included in the study, if feasible. Such employer may include any public or private
employer.
The database is intended to provide one source of information concerning how the
compensation paid to employees in bargaining unit job classifications compares to that
paid by other employers. The City will update the survey database and send the Union a
copy six weeks before expiration of this agreement. This survey will be considered in
connection with special adjustment proposals in successor agreement negotiations. By
agreeing to a survey database, neither Union nor· Management is under obligation to
propose or agree to special adjustments.
ARTICLE VIn -HOURS OF WORK, OVERTIME, PREMIUM PAY
Section 1 -Work Week and Work Day. The standard workday for regular employees
shall be eight hours to be worked within a maximum of nine hours (five-day work week)
or ten hours to be worked within a maximum of eleven (four-day work week) or nine
hours to be worked within a maximum of ten for four days with a fifth day of four hours
(four and one-half day work week); or, within a fourteen-day period, nine hours to be
worked within a maximum of ten hours for one day and eight hours to be worked within
a maximum of ten hours for one day, with the work week scheduled to begin so that forty
hours are worked within each seven days of the fourteen-day period (9/80 plan, with
forty-hour work weeks), or any other schedule that results in a 40-hour work week, or fits
within the parameters of an FLSA 2080 Plan. The "9/80 plan" may not be used in any
application that requires entitlement to FLSA overtime for working the regular work
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week. With the exception ofthe "9/80 plan" as described above and the 4/11 Dispatcher
Plan, the standard work week shall be forty hours to be worked within five consecutive
days. Additional exceptions to the above are listed in Appendix D. The Union shall be
notified of any further exceptions to this section in accordance with Article III, Section 8.
The City and the Union agree that the availability of altematelflexible work schedules is a
valuable benefit in that they promote job satisfaction while also reducing traffic
congestion and air pollution.
During the term of this agreement, employees, subject to the conditions of their job
assignment, may propose an alternate work schedule as listed under this Section. Such
proposals must be made to the department head through the immediate supervisor.
Serious consideration will be given to the feasibility and productivity of such proposals,
however Management retains the right to determine scheduling needs.
Section 2 -Overtime Work.
a) Overtime work for all unit employees shall be defined as any time worked beyond the
standard workday or beyond the standard work week. Emergency overtime is defined
as unplanned overtime work arising out of situations involving real loss of service or
property or personal danger. Emergency overtime does not include:
1. overtime work resulting from personnel replacement for purposes of
maintaining scheduled staffing;
11. overtime work which is planned in advance;
111. overtime work resulting from beirig held over for up to four hours to finish
work performed during the regular shift.
b) Compensation to employees working overtime will be in the form of additional pay at
the rate of one and one-half times. Two times regular rate will be paid for billable
customer convenience overtime and emergency overtime as defined in subsection (a)
above) the employee's applicable hourly salary with the exception that an employee
may request and, upon approval, be granted compensatory time off at the rate of one
and one-half hours for each hour of overtime worked, subject to the limitations of
applicable state and federal laws. In the event compensatory time off is used as the
method of compensating for Overtime, the time off will be taken prior to the end of
the quarter following the quarter in which the overtime has been worked. In the event
the employee is denied this provision, he/she will be compensated in pay for such
time at the appropriate rate specified by these sections. Or at the employee's option,
the earned compensatory time will be added to the employee's vacation balance.
c)· All time for which pay is received shall count as hours actually worked for the
computation of regular overtime pay; however, non-productive time will not be
included in computation of any additional FLSA premiums.
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d) When an employee is required to work 6 or more hours of overtime (either
emergency or pre-arranged) during the 16 hour period immediately preceding the
beginning of the employee's regular shift on a workday, the employee shall be
entitled to an eight-hour rest period before returning to work. If the rest period
overlaps into the second half of the work day, the employee may be given (with
supervisor approval) the remaining time off (up to a maximum of 3 hours) at the
straight time rate of pay. Any portion of the rest period falling within the employee's
work shift will be considered as hours worked and compensated at the straight time
rate.
e) If non-emergency overtime is canceled without at least 40 clock hours notice, the City
shall pay the affected employees two (2) hours' pay at time and one-half.
f) Employees working overtime who are too fatigued to continue or return to work, for
safety reasons will be released from duty without compensation.
Section 3 -Work Shifts. All employees shall be assigned to work shifts with scheduled
starting and quitting times. Should conditions necessitate a change in starting and
quitting times, the Union will be notified ten (lO) working days in advance and permitted
to discuss such changes with the City. This, however, shall not preclude the City's right
to effect schedule changes dictated by operational necessity. This section does not apply
to overtime scheduling.
Section 4 -City-Paid Meals.
a) Emergency overtime meals. For purposes of this section, emergency overtime is
defined as unplanned overtime arising out of situations involving real loss of service
or property or personal danger. The City agrees to reimburse for meals in the amount
of $10 for breakfast, $15 for lunch, and $20 for dinner and will provide meals in the
following emergency overtime situations:
1) When an employee is called back and is on duty for a period of three consecutive
hours, and thereafter at intervals of five hours, but not more than six hours, until
the continuous overtime assignment ends.
OR,
2) When an employee is held over on duty so that hislher overtime assignment
extends two hours after shift end, and thereafter at intervals of five hours, but not
more than six hours, until the continuous overtime assignment ends.
OR,
3) When an employee is called out two hours or more before a regularly scheduled
day shift and works the regularly scheduled shift, he/she will be entitled to
breakfast and lunch. Lunches will be consumed on employee's own time. No in-
lieu pay will be made for meals not taken. This sub-section does not apply if
already covered in Section 4(a)(I) above.
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4) When recalled two hours or less after the end of a regular shift, unless assigned to
standby.
b) Non-emergency overtime meals. The City will provide meals for personnel
assigned to non-emergency overtime work where the assignment extends more than
two hours after the regular or overtime shift end and at intervals of five hours
thereafter.
c) With regard to (a) and (b) above, the City agrees to reimburse for meals in the amount
of $10 for breakfast, $15 for lunch, and $20 for dinner. Where possible, the City will
arrange purchase orders at mutually agreeable restaurants. The time necessarily taken
to consume a meal provided under this section shall be considered as time worked to
a maximum of one hour, except as noted in (a) (3).
d) With regard to (a) and (b) above, in the event an employee is to be provided a meal or
meals pursuant to this section and such meal(s) are not provided due to working
conditions, the employee shall have the option of receiving for each meal not
provided an additional one hour of overtime compensation in lieu of such meal. This
hour will not be considered as time worked or part of the rest period, but will be
applied to qualify for the rest period.
e) Emergency overtime meals for Public Safety Dispatchers. The Pblice Department
will provide meals to employees in an emergency overtime situation involving real or
potential loss of service or personal danger.
1) When an employee is called back and is on duty for a period of three consecutive
hours, and thereafter at intervals of five hours, but not more than six hours, until
the continuous overtime assignment ends.
2) When an employee is held over on duty so that hislher overtime assignment
extends two hours after shift end, and thereafter at intervals of five hours, but not
more than six hours, until the continuous overtime assignment ends.
3) When an employee is called out two hours or more before a regularly scheduled
shift. The employee will be entitled to two meals, the second meal will be
consumed on the employee's own time. No in-lieu pay will be made for meals not
taken.
4) When recalled two hours or less after the end of a regular shift, unless assigned to
standby.
t) Non-emergency overtime meals for Public Safety Dispatchers. The Police
Department will provide meals to employees in non-emergency situations where the
assignment extends more than two hours after the regular or overtime shift end and at
intervals of five hours thereafter. If the City is unable to provide a meal, the City
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agrees to reimburse for meals in the amount of $10 for breakfast, $15 for lunch, and
$20 for dinner. This policy only applies when an employee is held over, either
voluntary or mandated, on duty beyond a scheduled regular or overtime shift.
Section 5 -Break Periods. All employees shall be granted a break period or coffee break
limited to 15 minutes during each four hours of work. Departments may make
reasonable rules concerning break period scheduling. Break periods not taken shall be
waived.
Section 6 -Clean-Up Time. All employees whose work causes their person or clothing to
become soiled shall be provided with reasonable time before lunch and at shift end for
wash-up purposes.
Section 7 -Standby Pay, Call-Out Pay.
a) Standby Compensation. Employees performing standby duty shall be compensated
at the daily rates established below:
Monday through Friday $50
Saturday, Sunday, Holidays $73
b) Minimum Call-Out Pay. Employees not otherwise excluded from receiving
overtime pay who are called out to perform work shall be compensated for at least
two hours' pay from the time of the call-out for each occurrence at the appropriate
overtime rate. The two-hour minimum does not apply to employees called out to
work while earning pay for being in a standby status unless called out to perform
billable customer convenience work in which case the two-hour minimum will apply.
Section 8 -Night Shift Premium. Night shift premium of $1.44 per hour shall be paid to
employees for work performed between 6:00 p.m. and 8:00 a.m. This premium shall not
apply to an employee whose schedule does not qualify for shift differential who requests
an earlier scheduled start time that would otherwise qualify the employee for the
premium. A minimum of two hours must be worked between 6 p.m. and 8:00 a.m. to
qualify for the premium. Employees who regularly work night shifts shall receive
appropriate night shift premiums, relating to night shift hours worked, in addition to base
pay for holidays, sick leave and vacation. Night shift premium does not apply for
overtime situations unless overtime is approved to replace an employee who would have
otherwise received a night shift premium.
Section 9 -Bilingual Premium. $35 per pay period shall be paid to a bilingual employee
whose abilities have been determined by the Human Resource Director as qualifying to
fill positions requiring bilingual speaking and/or writing ability when the employee
regularly performs such duties. The Human Resource Director will determine the
number, timing, location and duration of the assignments receiving the additional pay
provided herein and which languages are needed. Sign language shall be recognized as a
bilingual skill under this Article. Disagreements over the designation of positions will be
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referred first to the Labor Management Committee. If a disagreement still exists it will
be referred to the Grievance Procedure.
Section 10 -Communications Training Officer (CTO) Compensation. Public Safety
Dispatchers and Chief Public Safety Dispatchers identified by Management to work as a
Police Officers Standards and Training (POST) certified CTO will be compensated at a
premium pay rate of five (5) percent. The premium pay is provided only for those hours
spent as a CTO training a probationary dispatcher while on-duty in the Dispatch Center.
ARTICLE IX -UNIFORMS AND TOOL ALLOWANCES
Section 1 -Uniforms.
a) The City will provide uniforms, coveralls or shop coats on a weekly basis, or as
otherwise furnished, for the following jobs and/or classifications and any positions
necessary or required as determined by management.
Animal Control Officer
Assistant Storekeeper
Auto Service Mechanic
Building Service Person -Lead
Building Service Person
Cathodic Technician
Cement Finisher -Lead
Cement Finisher
Chemist
Community Service Officer 0
Electrical Assistant
Electrician Apprentice
Electrician Lead
Engineering Technician III -Refuse
Equipment Operator
Equipment Operator -Lead
Facilities Carpenter
Facilities Electrician
Facilities Maintenance -Lead
Facilities Mechanic
Facilities Painter
Field Serviceperson
Gas System ShoplField Repairer
Gas System Technician I
Gas System Technician II
Golf Course Equipment Mechanic
Golf Course Maintenance Person
Heavy Equipment Operator -Lead
Heavy Equipment Operator
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Industrial Waste Inspector
Industrial Waste Investigator
Instrumentation Electrician
Laboratory Technician, Water Quality Control
Line Person/Cable Splicer
Line Person/Cable Splicer -Lead
Mail Services Specialist
Maintenance MechaniclMaintenance Mechanic, Water Quality Control
Mechanical Unit Repairer
Meter Reader
Meter Reader -Lead
Mobile Service Technician
Motor Equipment Mechanic -Lead
Motor Equipment Mechanic
Offset Equipment Operator -Lead
Offset Equipment Operator
Park Maintenance Assistant
Parking Enforcement Officer
Park Maintenance Person
Park Crew -Lead
Park Maintenance -Lead
Park Ranger
Parks & Open Space Assistant
Police Records Specialist
Refuse Disposal Attendant
Senior Chemist
Senior Industrial Waste Inspector
Senior Instrumentation Technician
Senior Operator, Water Quality Control
Senior Mechanic, Water Quality Control
Senior Park Ranger
Sprinkler System Repairer
Street Maintenance Assistant
Storekeeper
Storekeeper-Lead
Street Sweeper Operator
Traffic Control Maintainer -Lead
Traffic Control Maintainer II
Traffic Control Maintainer I
Tree Trirpmer-Line Clearer
Tree Maintenance Assistant
Tree Trimmer-Line Clearer Assistant
Tree Trimmer-Line Clearer-Lead
Tree Maintenance Person
Truck Driver
Utilities Compliance Technician
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Utility Field Service Representative
Utility Installer/Repairer
Utility InstallerlRepairer Assistant
Utility InstallerlRepairer -Lead
Utility Locator
Water Meter Cross Connection Technician
Water System Operator -Lead
Water System Operator
Water System Operator I
Water System Operator II
Water Quality Control Plant Operator
b) Coveralls will be made available for occasional use as needed to protect clothing for
the following classifications and any positions necessary or required as determined by
management.
Building Inspector
Building Inspector Specialist
Building Service Person -Lead
Cable Splicer Assistant
Chief Electric Underground Inspector
Electrical Assistant
Electrician
Facilities Mechanic/Painter
Heavy Equipment Operator
Lineperson/Cable Splicer
Park Ranger
Senior Park Ranger
Utility Field Service Representative
Sprinkler System Repairer
Utility Installer Assistant
Utility InstallerlRepairer
Utility Installer/Repairer -Lead
c) Employees required to wear uniforms shall be provided suitable change rooms and
lockers where presently provided.
d) Employee clothing seriously damaged or destroyed in conjunction with an industrial
injury will be reasonably replaced by the City. Any other claims alleging City
liability may be filed with the City Attorney.
e) Except in the Utilities Division, the City will make available, as an alternative to the
shirts currently provided under Section lea), six (6) cotton polo shirts. Employees in
the Utilities Division will be provided with six (6) long-sleeve shirts and two polo
shirts. Employees will be responsible for laundering the shirts. Damaged or
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otherwise unwearable shirts will be returned to the employee's supervisor and
replaced by the City.
f) Employees are responsible for laundering Park Ranger and Senior Park Ranger
uniforms.
g) The City will meet and confer with the Union regarding any mandated changes to
uniforms.
Section 2 -Tool Allowance.
a) Mechanics in Equipment Maintenance, Park Maintenance Lead, Motorized
Equipment Mechanic and Mobile Service Technician shall be paid a tool allowance
of$610 annually.
b) All tool allowances shall be paid bi-weekly.
c) Parties will meet and confer to determine if additional classifications require tool
allowance.
Section 3 -Shoe Allowance.
a) Safety Shoes. The City shall reimburse employees 75 % of the cost of job-related
safety shoes upon verification of such purchase by the employee.
b) Walking Shoes. The City will reimburse employees 75% of the cost of job-related
walking shoes for any positions necessary or required as determined by management
including Meter Reader and Meter Reader-Lead, in an amount not to exceed $300.00
per year. A walking shoe is a durable work shoelboot (non steel-toed), is ankle
supporting; oil, gas and slip resistant; waterproof or water resistant; lightweight and
durable; and also provides hard surface cushioning.
Section 4 -Certifications. The parties agree to retain the current list of required
certifications below. Employees who are required to maintain commercial driver's
licenses shall have costs for medical examinations paid by:
a) Completing an examination through their PEMHCA provider. After benefits have
been paid by the PEMHCA provider, upon presentation of proper documentation, the
City will reimburse any remaining costs, or
b) Completing an examination at the Workforce Medical clinic or other City designated
clinic. Employees may use paid leave for attendance at scheduled medical
examinations. Employees shall be permitted to use up to two hours of regular City-
paid time for attendance at biannual medical examinations. The scheduling of such
time shall be preauthorized by the employee's supervisor.
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c) The City will pay special registration and/or certification fees which are required by
Management. During the term of this agreement, the City and the Union may, by
mutual agreement, review, add or delete classifications and/or required certifications
listed below:
Classification
Buildg Inspection Specialist
Cathodic Technician
Engineer Professional
Equip Maint Serv Pers.
Golf Course Maint Pers.
Heavy Equipment Operator
(Utilities and Electric)
Indust. Waste Inspector
Inspector Field Services, Utilities
Hired before July 1, 2012
InstallerlRepairer Series
Maintenance Mechanic
(Water Quality)
Mech. Unit Repairer
Motor Equip Mechanic
and Lead
Public Safety Dispatcher
Public Safety Dispatcher, Lead
Senior Operator, WQC
Requirement
ICBO Certificate
Corrosion Technician by the National
Assoc. of Corrision Engineers
Professional Engineer Cert. (for step E)
Forklift Operator Cert. (OSHA-approved)
Qualified Applicators' License
Crane Operation Certificate
Backflow Prevention Device Tester
Dl (DOH)
Dl (DOH)
Crane Operator Certification
Welding Certificate
EMS,ASE
POST Basic Dispatcher
POST Fire Academy
EMD
POST Basic Dispatcher
POST Fire Academy
POST Supervision
EMD
Grade III Wastewater Treatment Plant
Operator Certification
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Surveyor, PW
Tree TrimmerlLine Clearer
Tree TrimmerlLine Clearer-Lead
Utilities InstalllRep series
Veterinarian Technician
Water System Operator I
Water System Operator II
Senior, Water System Operator
WQC Plant Operator I
WQC Plant Operator II
WQC Plant Operator Trainee
Water Meter Cross-
Connection Technician
Licensed Land Surveyor
Certified Tree Worker and/or Qualified
Line Clearance/Tree Trimmer Cert.
(OSHA-approved)
Certified Arborist
Polyethylene Fusing Cert.
Gas Operator Certification (DOT)
Animal Health Tech. Certification
Grade DI -Water Distribution Operator
Grade DII -Water Distribution Operator &
Grade TIl -Water Treatment Operator
Grade DIll -Water Distribution Operator &
Grade TIll Water Treatment Operator
Grade I Water Treatment Operator
Certification.
Grade II Water Treatment Operator
Certification
Grade I Water Treatment Operator
Certification
Backflow Prevention Tester Certification
d) The City will pay for the Department of Motor Vehicles (DMV) licensing fees for all
employees required to maintain a Commercial Driver's License in accordance with
the California Vehicle Code and applicable laws prescribed by the Department of
Transportation.
e) Pipeline Welding Assignment. The City provided a 4% premium in base
compensation to Utility Installer-Repairer, Installer-Repairer Lead positions in 2006
that met DOT certification requirements and are were assigned these duties. Utility
Installer-Repairer and Utility Installer-Repairer Lead positions that fail to maintain
current certifications will not receive a 4%premium on their base pay. Positions
assigned these duties and designated by Management to receive this premium will not
exceed five (5) Utility InstallerlRepairer and InstallerlRepairer Lead. If the
certification is required in the job description, certification must be maintained. In
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accordance with their job description Maintenance Mechanics that are assigned to
Water Gas Wastewater must maintain all required certifications and shall receive 4%
premium to their base pay for pipeline welding.
f) Building Inspector. Upon successful completion of probationary requirements, the
City will pay Building Inspectors a one (1) percent of base salary one-time payment
for a certification above what is required. Employees may request one payment per
year to a maximum of two payments in career. Payments will not exceed a maximum
of one percent per year or two payments in a career. The Building Inspector Job
Description specifies current requirements and the Union and City will agree on a list
of appropriate certifications eligible for the premium. Premiums will not be paid if
certification is not maintained.
g) Water and WastewJlter System Operator Certification. Employees classified in
the following positions: Water Quality Control Plant Operators I and II, Senior
Operator Water Quality Control, Water System Operators I and II, Senior Water
Systems Operator, Inspector, Field Services assigned to Utilities and Installer
Repairer Job Series may be eligible to receive a 1 % base pay premium for
certifications required by the Department of Health and/or the State Water Resources
Control Board. Employees within these job classifications' that have successfully
completed probationary requirements may request an annual payment of one (1)
percent for one (1) certification that is above those listed in their job description. An
employee who qualifies for this payment shall be paid 1% of the employee's annual
base salary once per year. The employee shall be responsible for providing the City
with written documentation that the employee has obtained and is maintaining the
qualifying certification on an annual basis. Premiums will not be paid if certification
is not maintained. Eligible employees should verify certification will qualify for the
premium before attempting certification. The Union and the City will update the job
descriptions to reflect newly required certifications with no further adjustments to
base salary. Payments will not exceed a maximum of one percent per year, and will
take effect in the pay period following the verification of certification. All costs for
obtaining certifications above what the job description requires will be the
responsibility of the employee and may be paid for by using the City's tuition
reimbursement program.
h) In accordance with Cal-OSHA regulations any employee who operates a forklift must
have Forklift Operator Certification. Training to be provided by the City.
a) Crane Certification. A Heavy Equipment Operator, Line Person, Line
Person Lead, or Maintenance Mechanic who possesses the legally required
certification for operation of any crane will receive an increase of one percent
(1 %) of their base rate effective upon the ratification and adoption of this
MOU by the City Council, or upon attainment of the certification, whichever
is later.
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Heavy Equipment Operator (Electric) must possess a Crane certification regardless of
hire date. Any employee hired on or after July 1, 2012 may be required to obtain and
possess crane certification.
For any other employee hired prior to July 1, 2012 crane certification shall be desirable
(not required) except under the following circumstances:
a) there are insufficient employees in the classification (Heavy Equipment Operator
[exclusive of Electricl. Lineperson, Lineperson Lead or Maintenance Mechanic) who
possess the certification to perform the work;
b) The Manager has sought volunteers and no employee in the classification has
volunteered to train for the certification;
c) all things being equal,· the manager has selected the least senior employee in the
classification who is judged by the City most likely to successfully complete the
training and obtain crane certification.
d) The Manager will allow up to three attempts to pass the crane certification for any
employee hired before July 1, 2012 who has been involuntarily assigned to acquire
the crane certification. Related training and test costs shall be borne by the City. No
employee hired before July 1, 2012 shall be disciplined or discharged for failure to
acquire a Crane certification.
Section 5 -Weather Protection. The City will provide rainy weather foot protection and
one summer hat for the classification of Parking Enforcement Officer.
ARTICLE X -HOLIDAYS
Section 1 -Fixed Holidays. Except as otherwise provided, employees within the
representation unit shall have the following fixed holidays with pay:
January 1
Third Monday in January (Martin Luther King Day)
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
Veterans' Day, November 11
Thanksgiving Day
Day after Thanksgiving
December 25
Either December 24 or December 31 (see below)
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Employees shall be excused with pay for the full work shift on either December 24 or
December 31, provided, however, that City facilities remain open with reduced staffing
levels, that Management retains the right to determine work schedules, and that neither
day be considered a holiday for purposes of premium pay. If employees are not excused
pursuant to this provision, one shift of vacation credit will be added to their vacation
accrual. In the event that any of the aforementioned days, except for December 24 or
December 31, falls on a Sunday, the following Monday shall be considered a holiday. In
the event that any of the aforementioned days falls on a Saturday, the preceding Friday
shall be considered a holiday. If December 24 and 31 falls on Sunday, then the preceding
Friday will be designated for purposes of the holiday. Exceptions to this provision are
listed in Appendix E.
Section 2 -Pay for Fixed Holidays.
a) All employees shall be paid a full day's pay at their regular straight time base hourly
rate for all fixed holidays as defined herein.
b) An employee must be in a pay status on the workday preceding the holiday to be
eligible to be compensated for a holiday. This subsection does not apply to an
employee who is on an unpaid medical leave of absence of less than five (5) days.
Section 3 -Work on Fixed Holidays. Any employee required to work on a fixed holiday
shall be paid time and one-half for such work in addition to his or her regular holiday
pay. Work on a fixed holiday beyond the number of hours in a regular shift shall be
compensated at double time and one-half. Employees who work a schedule where a
regular day off falls on a holiday will accrue the holiday hours they would have normally
worked on that day.
Section 4 -Variations in Work Week.
a) An employee whose work schedule requires that his or her regular days off be other
than Saturday and/or Sunday shall have an additional day off scheduled by the
department in the event a fixed holiday falls during his or her regularly scheduled day
off. Every attempt will be made to schedule the day on a mutually agreeable basis. If
the day cannot be so scheduled, the employee shall be paid for the day at the straight
time base rate.
b) Fixed holidays which fall during a vacation period or when an employee is absent
because of illness shall not be charged against the employee's vacation or sick leave
balance.
Section 5 -Floating Days Off
Employees hired on or before July 1,2012 will be credited with 3 floating holidays to be
scheduled for use by mutual agreement by employee and supervisor. In no event will FH
be convertible to cash or other benefits in lieu of Floating Holidays.
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Effective at the close of business 6/30/13 one floating holiday will be eliminated. On
July 1,2013 and every July thereafter, employees will be credited with two (2) Floating
Holidays to be scheduled in the same manner as noted above.
Employees hired after 7/1112 will not receive any floating holidays.
Floating Holidays not used by the end of the fiscal year will be deemed forfeited.
ARTICLE XI -VACATIONS
Section 1 -Vacation Accruals. Each employee shall be entitled to an annual paid
vacation, accrued as follows:
a) First day of continuous service through the last day of the fourth (4th) year: 80 hours
vacation per year.
b) First day of the fifth year of continuous service through the last day of the ninth (9th)
year: 120 hours vacation per year.
c) First day of the tenth (10th) year of continuous service through the last day of the
fourteenth (14th) year: 160 hours vacation per year.
d) First day of the fifteenth (15th) year of continuous service through the last day of the
nineteenth (19th) year: 180 hours vacation leave per year.
e) Twenty (20) or more years: 200 hours vacation leave per year.
Employees may accrue up to three times their annual vacation leave without loss of
vacation days. In the event the City is unable to schedule vacation and, as a result
thereof, the employee is subject to loss of accrued vacation, the City shall extend the
vacation accrual limit up to one year, in which time the excess vacation must be
scheduled and taken. As long as there is no interference with departmental operations,
there shall be no unreasonable restriction of increments of use. Employees shall
complete six (6) months' continuous service before using accrued vacation leave.
Section 2 -Holiday Falling During Vacation. In the event a fixed holiday as defined in
Article X falls within an employee's vacation period, which would have excused the
employee from work (and for which no other compensation is made), an additional
workday for such holiday shall be added to the vacation leave.
Section 3 -Illness During Vacation. When an employee becomes ill while on vacation
and such illness can be supported by a statement from an accredited physician or the
employee is hospitalized for any period, the employee shall have the period of illness
charged against sick leave and not against vacation leave.
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Section 4 -Accrued Vacation Pay for Deceased Employees. An employee who is
eligible for vacation leave and who dies while in the municipal service shall have the
amount of any accrued vacation paid to hislher estate within thirty days. This proration
will be computed at hislher last basic rate of pay.
Section 5 -Effect of Extended Military Leave. An employee who interrupts service
because of extended military leave shall be compensated for accrued vacation at the time
the leave becomes effective.
Section 6 -Vacation at Termination. Employees leaving the municipal service with
accrued vacation leave shall be paid the amounts of accrued vacation to the date of
termination.
Section 7 -Vacation Cash Out.
Once each calendar year an employee may cash out eight or more hours of vacation
accrual in excess of 80 hours, to a maximum of 120 hours, provided that the employee
has taken 80 hours of vacation in the previous 12 months.
1. To be eligible for cash out vacation, employees must pre-elect the number of vacation
hours they will cash out during the following calendar year up to maximum of 120
hours, prior to the start of that calendar year. The election will apply only to vacation
hours accrued in the next tax year and eligible for cash out.
2. The election to cash out vacation hours in each designated year will be irrevocable.
This means that employees who elect to cash out vacation hours must cash out the
number of accrued hours pre-designated on the election form provided by the City.
3. Employees who do not pre-designate or decline a cash out amount by the annual
deadline established by the City will be deemed to have waived the right to cash out
any leave in the following tax year and will not be eligible to cash out vacation hours
in the next tax year.
4. Employees who pre-designate cash out amounts may request a cash out at any time in
the designated tax year by submitting a cash out form to Payroll. Payroll will
complete the cash out upon request, provided the requested cash out amount has
accrued and is consistent with the amount the employee pre-designated. If the full
amount of hours designated for cash out is not available at the time of cash out
request, the maximum available will be paid.
5. For employees who have not requested payment of the elected cash out amount by
November 1 of each year, Payroll will automatically cash out the pre-designated
amount in a paycheck issued on or after the payroll date including November 1.
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ARTICLE xn -LEAVE PROVISIONS
Section 1 -Sick Leave.
a) The City shall provide each employee with paid sick leave, earned on a daily basis
and computed at the rate of96 hours per year, with no limits on amounts that may be
accumulated, except that for employees hired after July 1, 1983, sick leave accrual
accumulation shall be limited to 1,000 hours and subsections (a)(1) and (a)(2), shall
not apply. Payment for accumulated sick leave at termination shall be made only in
the following circumstances:
1) Eligible employees who leave the municipal service or who die while employed
and who have fifteen or more years of continuous service shall receive
compensation for unused sick leave hours in: a sum equal to two and one-half
percent of their unused sick leave hours multiplied by their years of continuous
service and their base hourly rate of pay at termination.
2) Full sick leave accrual will be paid in the event of termination due to disability.
b) Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal
sickness or disability, medical or dental treatment, or as authorized for personal
business. Up to nine days sick leave per year may be used for illness in the
immediate family, including registered domestic partner. A new employee may, if
necessary, use up to forty-eight (48) hours of sick leave at any time during the first
six months of employment. Any negative balances generated by such utilization will
be charged against future accrual or deducted from final paycheck in the event of
termination.
c) An employee who has been disabled for 60 consecutive days and who is otherwise
eligible both for payment under the long-term disability group insurance coverage
and accrued sick leave benefits may, at hislher option, choose either to receive the
long term disability benefits or to utilize the remainder of hislher accrued sick leave
prior to applying for long-term disability benefits.
d) Sick leave will not be granted for illness occurring during any leave of absence unless
the employee can demonstrate that it was necessary to come under the care of a
doctor while on such other leave of absence.
e) Return to Work With Limited Duty. Upon approval of department management
and the City Risk Manager, an employee may return to work for doctor-approved
limited duty. Approval for return to work shall be based upon department ability to
provide work consistent with medical limitations, the location of the work
assignment, and the length of time of the limitations. The City doctor may be
consulted in determining work limitations.
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Section 2 -Bereavement Leave. Leave of absence with pay of three days shall be granted
an employee by the head of his or her department in the event of death in the employee's
immediate family, which is defined for the purposes of this section as wife, husband, son,
step-son, son-in-law, daughter, step-daughter, daughter-in-law, mother, step-mother,
mother-in-law, father, step-father, father-in-law, brother, brother-in-law, step-brother,
sister, step-sister, sister in-law, grandmother, grandmother-in-Iaw, grandfather,
grandfather-in-Iaw, grandchildren, aunt, uncle, niece, nephew, registered domestic
partner, or a close relative residing in the household of the employee. Such leave shall be
at full pay and shall not be charged against the employee's accrued vacation or sick leave.
Request for leave with pay in excess of three (3) days shall be subject to the written
approval of the City Manager. Approval of additional leave will be based on the
circumstances of each request with consideration given to the employee's need for
additional time.
Section 3 -Militarv Leave. The provisions of the Military and Veterans' Code of the
State of California shall govern the granting of military leaves of absence and the rights
of employees returning from such leaves. Consistent with the Military and Veterans
Code, the City of Palo Alto shall pay employees in SEIU bargaining unit their regular
salary, salary differential, and all available benefits for the first thirty days.
Section 4 -Leave Without Pay.
a) Disability. Leaves of absence without pay may be granted in cases of disability not
covered by sick leave. Pregnancy will be considered as any other disability. Leaves
of absence for disability are subject to physicians' verification including diagnosis and
medical work restriction.
b) Family Leave. Family leave will be granted in accordance with applicable state and
federal law .
c) Other Leaves. Leaves of absence without pay may be granted in cases of personal
emergency, Union business or when such absences would not be contrary to the best
interest of the City. Non-disability prenatal leave is available under this provision,
but such leave shall not begin more than six months prenatal nor extend more than six
months postpartum.
During unpaid leaves of absence for disability or other reasons, the employee may elect
to use accrued vacation credits. Requests for leaves without pay shall not be
unreasonably denied. In order to avoid misunderstandings, all leaves without pay must
be in writing to be effective.
Section 5 -Jury Duty and Subpoenas. Employees required to report for jury duty or to
answer subpoenas as a witness in behalf of the State of California or any of its agencies
shall be granted a leave of absence with pay from their assigned duties until
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released by the court, provided the employee remits to the City all fees received from
such duties other than mileage or subsistence allowances within thirty (30) days from the
termination of jury service. When an employee returns to complete a regular shift
following time served on jury duty or as a witness, such time falling within the work shift
shall be considered as time worked for purposes of shift completion and overtime
computation. In determining whether or not an employee shall return to his or her regular
shift following performance of the duties, reasonable consideration shall be given to such
factors as travel time and a period of rest. When a combination of City work time and
jury duty equals 14 or more hours in the 24-hour period immediately before the
employee's shift starting time, the employee will be allowed a rest period of nine hours.
Any portion of the rest period falling within the employee's work shift will be considered
as hours worked and compensated at the straight time rate. This provision does not apply
to conditions of bona fide emergency. Bona fide emergency conditions are conditions
involving real or potential loss of service or property or personal danger.
Section 6 -Time Off to Vote. Time off with pay to vote in any general or direct primary
election shall be granted as provided in the State of California Elections Code, and notice
that an employee desires such time off shall be given in accordance with the provisions of
said Code.
Section 7 -Disapproval of Leave of Absence. In case of disapproval of extension,
revocation or cancellation of an existing leave of absence, notice shall be sent by certified
mail, return receipt requested, to the employee stating the date of such action, the reason
and a specific date to return to work, which is not less than five working days from date
indicated on return receipt.
Section 8 -Personal Business Leave Chargeable to Sick Leave. All employees shall be
granted up to twenty (20) hours personal business leave per calendar year, chargeable to
sick leave. The employee need not disclose the reason for the personal business. The
scheduling of such leave is subject to the approval of the appropriate level of
Management, and such approval shall not unreasonably be denied.
Section 9 -Return to Assignment. The department shall make every effort to ensure that
employees resuming work following a leave pursuant to Sections 1-8 shall be returned to
the assigriment, shift, and/or work location held immediately prior to the leave. If the
employee cannot be so assigned, he or she shall, upon request, be granted a meeting with
department management to discuss the reasons for the change. Upon request, the
employee shall be afforded Union representation at such a meeting.
ARTICLE XIII -WORKERS' COMPENSATION INSURANCE
Section 1 -Industrial Temporary Disability.
a) While temporarily disabled, employees shall be entitled to use accrued sick leave for
the first three (3) days following the date of injury and thereafter shall be paid full
base salary for a period of not to exceed fifty-seven (57) calendar days, unless
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hospitalized, in which case employees shall be paid full base salary for a period not to
exceed sixty (60) days from date of injury.
b) For any temporary disability continuing beyond the time limits set forth in (a) above,
employees shall be paid two-thirds (66 2/3%) of their full base salary at the time of
injury for the duration of such temporary disability in conformance with the State
law.
c) During the period of temporary disability, an employee's eligibility for health, dental,
life, LTD, or other insured program will continue with City contributions at the same
rate as for active employees. In case of Subsection (a) above, the employee will
continue to accrue vacation and sick leave benefits. In the case of Subsection (b),
sick leave and vacation benefits shall not be accrued.
Section 2 -Vocational Rehabilitation Benefits for Permanently Disabled Employees.
Vocational Rehabilitation will be made available to employees who have suffered
permanent disability as a result of an injury or illness sustained in the course and scope of
employment before 1/1/04. For injuries on or after 1/1/04 qualified employees are
entitled to supplemental job displacement vouchers in accordance with the California
Labor Code, Division 1, Department of Industrial Relations and Division 4, Workers'
Compensation and Insurance, the Americans with Disabilities Act (ADA), and the City of
Palo Alto's Workers' Compensation Program.
ARTICLE XIV -BENEFIT PROGRAMS
Section 1 -Health Plan
a) Active Employees
1. Through October 5" 2012 the City and employees will continue to contribute
toward medical insurance premiums in the same proportion and subject to
the same terms that they contributed toward such premiums as of June 30,
2012. Effective at the start of the pay period including October 6, 2012the City
will pay a maximum of ninety percent (90%) of the monthly medical premium for
the plan in which the employee is enrolled at the employee's applicable level of
enrollment (i.e. employee only, employee plus one dependent or employee plus
two or more dependents). However, the City will in no event contribute more
than ninety percent (90%) of the premium for the second most expensive plan
among the existing array of plan sat the employee's applicable level of
enrollment. City medical premium contributions will be prorated for part-time
employees hired or newly assigned to a part-time work schedule on or after
January 1, 2010 based on the number of hours per week the part-time employee is
assigned to work. If PERS changes the plans it offers, the City and the Union will
meet and confer over the City continuing to provide an equivalent benefit at an
equivalent cost.
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The City shall contribute to its retiree insurance trust (the PERS retiree medical
trust or its successor) an amount not less than the amount of premium
contributions paid by active employees in the bargaining unit in the respective
calendar year as a result of the employees' payment of ten percent (10%) of the
premium increase as provided above in this paragraph 1. The City shall make one
contribution in the fiscal year to cover the entire amount payable to the trust under
this paragraph as of the preceding December 31.
b) Health Plan Coverage for Future Retirees Hired Before January 1, 2005.
Monthly City-paid premium contributions for a retiree-selected health plan through
the CalPERS Health Benefits Program will be made as provided under the Public
Employees' Medical and Hospital Care Act. Effective 111107 the City's monthly
employer contribution for each retiree shall be the amount necessary to pay for the
cost of his or her enrollment, in a health benefits plan up to the monthly premium for
the 2nd most expensive plan offered to the SEIU employee (among the existing array
of plans). However, the City contribution for an employee hired before January 1,
2005 who retires on or after April 1, 2011 shall be the same contribution amount it
makes from time to time for active City employees.
For 2012, the contribution for dependents is 95% (100% in 2013) of difference
between the applicable "Employee and One Dependent" or "Family" maximum
. employer contribution for Active SEIU employees and the maximum monthly
employer contribution for "Employee Only" coverage.
c) PERS -Health Benefit Vesting For Future Retirees Effective January 1,2005.
The CalPERS vesting schedule set forth in Government Code section 22893 will
apply to all SEIU employees hired on or after January 1, 2005. Under this law, an
employee is eligible for 50% of the specified employer health premium contribution
after ten years of service credit, provided at least five of those years were performed
at the City of Palo Alto. After ten years of service credit, each additional year of
service credit will increase the employer contribution percentage by 5% until, at 20
years' service credit, the employee will be eligible upon retirement for 100% of the
specified employer contribution. However, the maximum contribution for family
members will be 90% of the specified employer contribution. The City of Palo Alto's
health premium contribution will be the minimum contribution set by CalPERS under
section 22893 based on a weighted average of available health plan premiums.
d) Coverage for Domestic Partners.
Domestic Partnership Registered with the California Secretary of State.
Employees may add their domestic partner as a dependent to their elected health plan
coverage if the domestic partnership is registered with the Secretary of State.
Domestic Partnership Not Registered with the California Secretary of State.
Domestic partners who meet the requirements of the City of Palo Alto Declaration of
Domestic Partnership, and are registered with the Human Resources Department, will
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be eligible for reimbursement of the actual monthly premium cost of an individual
health plan, not to exceed the maximum monthly City employer contribution for one-
party coverage under the CalPERS Health Benefits Program for SEIU members.
Evidence of premium payment will be required with request for reimbursement.
e) At City option during the life of this agreement and if otherwise available, the City
may offer an incentive payment in lieu of· City-paid dependent or family medical
coverage for those employees who voluntarily decline dependent coverage.
f) Alternative Medical Benefit Program.
If a regular employee and/or the employee's dependent(s) are eligible for medical
insurance through any other employer-sponsored or association-sponsored group
medical plan, the employee may elect that alternative medical insurance coverage
through the other employer-sponsored or association plan and waives hislher right to
the City of Palo Alto's medical plan insurance coverage for same individuals.
Employees electing alternative coverage and waiving City coverage will receive cash
payments in the amount of two hundred eighty-four dollars ($284) for each month for
which the employee has elected alternative coverage and waived City coverage,
effective at the start of the pay period including October 6, 2012. From and
including July 1, 2012 through the day before the start of the pay period that
includes October 5,2012 the benefit payable under this Alternative Medical Benefit
Program will be the same benefit in effect June 30,2012.
g) If the State of California or federal government requires the City to participate and
contribute toward coverage under any medical plan outside of PEMHCA, the City's
total liability for enrolled employees and retirees and their eligible family members
shall not exceed what the City would have paid toward PEMHCA coverage in the
absence of such state or federal plan. The City will meet and confer with the Union
over the impact of such change on matters within the scope of representation before
implementing any change.
Section 2-Dental Plan.
a) The City shall continue to provide a self-funded dental program for the benefit of City
employees and their eligible dependents. The City shall pay 100% of the required
premiums for the program, except that benefits for regular part-time employees will
be prorated as follows: Employees hired after January 1, 2005, who will work less
than full time, will receive prorated premium costs for dental benefits in accordance
with hislher percentage of a full-time work schedule. Part-time employees currently
receiving full benefits will not be impacted.
b) The City's Dental Plan provides the following:
• Maximum Benefits per Calendar Year $2,000 per person.
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c) Effective July 1, 2001, dental implants in conjunction with one or more missing
natural teeth, and removal of implants will be covered as a Major Dental Service at
50% usual, customary and reasonable (UCR).
d) Effective 111107 the City will add composite (tooth colored) fillings in dental plan
posterior teeth.
e) Effective 1/1107 the City will pay up to $2000.00 for Orthodontia coverage.
Section 3 -Vision Care. The City shall continue to provide a self-funded vision care
program for the benefit of City employees and their dependents. The City shall pay
100% of the required premiums for the program. The benefits of the vision care program
shall continue to be equivalent to $20 Deductible Plan A under the Vision Service Plan.
Section 4 -Life Insurance. The City agrees to continue the Basic and Supplemental life
insurance plan as currently in effect for the term of this Memorandum of Agreement.
Section 5-Long Term Disability Insurance. The City shall continue the long term
disability insurance plan currently in effect for the term of this Memorandum of
Agreement. F or Plan A, the benefit is 66 and 2/3% of pre-disability earnings to the
maximum benefit level of $4000.00 per month. Employee coverage is subject to a
voluntary payroll deduction of the insurance premium applicable to the first $6,000 of
monthly salary, less a credit of $11.17 per month to be paid by the City. For Plan B, the
benefit is 60% of pre-disability earnings upto the maximum benefit level of $1800 per
month. Employee coverage is subject to a voluntary payroll deduction of the insurance
premium applicable to the first $2000 of monthly salary for Plan B. The City will pay
premiums in excess thereof. The City will pay up to $17.50 per month toward long term
disability insurance premiums for those employees without eligible dependents covered
under the health insurance provisions.
Section 6 -Effective Date of Coverage for New Employees. For newly-hired regular
employees, elected coverage will begin on the first day of the month following date of
hire.
Section 7 -Dual Coverage. When a City employee is married to another City employee
each shall be considered as an employee for purposes of health and dental coverage,
provided however that neither shall be covered as a dependent of the other, and
dependent children, if any, shall be covered by only one spouse.
Section 8 -Deferred Compensation. The City shall continue to make available a Section
457 Deferred Compensation Plan to SEIU employees and will insure reasonable access to
Deferred Compensation representatives for all interested employees.
Section 9 -Dependent Care Assistance Program. The City shall continue to provide a
Dependent Care Assistance Program (DCAP) for employees that complies with Section
125 and 129 of the Internal Revenue Code.
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Section 10 -Training Programs.
a) Employees assigned by the City to attend meetings, workshops, or conventions of
their professional or technical associations shall have their dues and reasonable
expenses paid by departmental funds and shall be allowed to attend such workshops,
meetings, and conventions on paid City time.
b) City will reimburse for travel, meals and lodging while away from home attending an
educational conference that the supervisor authorizes as being job related or which
will improve an employee's skills. Per City Policy and Procedure 1-02, the Pre-
Travel Authorization Form should indicate expenses that will be paid.
ARTICLE XV -RETIREMENT
Section 1 -PERS Continuation.
A. 2.7% @ 55. The City will continue the present benefits under the Public Employees'
Retirement System 2.7% at 55 for employees hired before July 17,2010. The Parties
acknowledge that employees under this formula hired before July 17, 2010 are
subject to a final compensation calculation, for pension determination purposes, based
on their single highest year of compensation earnable as provided by Government
Code Section 20042.
B. 2.0% @ 60 -IHY. For employees hired on or after July 17,2010 but before August
1,2013 or the adoption of the modified 2% at 60 formula described below, whichever
is later, the City will continue to provide the 2% at 60 retirement formula ("2% at
60"). The Parties acknowledge that employees under the existing 2% at 60 pension
formula are subject to a final compensation calculation, for pension determination
purposes, based on their single highest year of compensation earnable as provided by
Government Code section 20042.
C. 2.0% @ 60 -3HY. The City shall further amend its contract with CalPERS to
provide miscellaneous members hired on or after August 1, 2013 with the CalPERS
retirement formula two percent (2.0%) of final compensation at age sixty (60) with a
final compensation calculation, for pension determination purposes, based on the
employee's three consecutive highest years of compensation earnable, as provided by
Government Code section 20037. The City may delay the adoption or
implementation of the foregoing amendment to the extent it deems such delay
necessary to accommodate legal and administrative requirements. In such event,
employees hired between and including August 1, 2013 and the day before the
amendment's implementation date will be placed in the 2% of final compensation at
age 60 formula with single highest year earnable compensation as described above.
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Section 2 -Employee Share.
Effective with the first pay period including July 1,2012 employees under all retirement
formulas set forth in Section 1 above shall pay 8% if enrolled in the 2.7% @55 benefit or
7% if enrolled in the 2% @60 benefit
Section 4 -Utility Rates Discount. Employees who retire and were employed by the City
on or before April 1, 1977, and spouses of deceased employees who were employed by
the City on or before April 1, 1977, shall continue reductions in utility rates. All retired
employees and spouses of deceased employees shall also have residential privileges at
City libraries, refuse disposal area, golf course and swimming pools.
ARTICLE XVI -COMMUTE INCENTIVES AND PARKING
Section 1 -Commute Incentive. Eligible employees may voluntarily elect one of the
following commute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work
locations. The City will provide a Civic Center Garage parking permit. New
employees hired after April 30, 1994 may initially receive a parking permit for
another downtown lot, subject to the availability of space at the Civic Center Garage.
Carpool. The City will provide $30 per month (taxable income) to each eligible
employee in a carpool for 60% or more of their scheduled work days per month with
two or more people.
Bicycle. The City will provide $20 per month to eligible employees who ride a
bicycle to work. This payment is available through the CCD web site in the form of a
special Commuter Check (tax free) for bike equipment, gear or repairs. This benefit
cannot be combined with other commute benefits.
Walk. The City will provide $20 per month (taxable income) to eligible employees
who walk to work 60% or more of their scheduled work days.
Transit or vanpool users: Tax-free incentives up to the IRS limit (currently
$125/month) are available through the Commuter Check Direct (CCD) web site for
employees using Bay Area public transportation or riding in a registered vanpool at
least 60% of their scheduled work days.
The deadline for registering with CCD and placing an online order is 8:59 p.m. on the
7th of each month, for the next month's benefit. For example, employees wishing to
order a transit pass by June must place their online orders with CCD by May 7th•
Section 2 -Parking Lot Security -Municipal Service Center. The City will provide
fenced and locked parking facilities for Municipal Service Center employees. Procedures
will be established for entering and leaving the parking facilities.
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Section 3 -Bicycle Lockers and Motorcycle Parking. The City will provide bicycle
lockers and motorcycle parking areas for City employees at mutually agreeable work
locations.
ARTICLE XVII -PHYSICAL EXAMINATIONS
If any non-probationary employee who is required to have a City-provided physical
examination not related to workers' compensation programs disagrees with the findings
of the City-sponsored physician, he/she may consult with hislher own physician and, if
hislher private physician's report conflicts with that of the City physician in terms of
ability to work at hislher regular job, then he/she may request an evaluation of hislher
problem through a third physician mutually agreed upon by the employee and the City.
Cost for such examination will be equally shared and the decision of this physician
concerning the continuing ability of the employee to perform hislher work in hislher
regular job without exposing himselflherself to further injury as a result of hislher
condition shall be the basis for returning the employee to hislher regular work.
ARTICLE XVIII -SAFETY
Section 1 ;.. Health and Safety Provisions. The City shall furnish and use safety devices
and safeguards and shall adopt use practices, means, methods, operations and processes
which are reasonably adequate to render such employment and place of employment safe,
in conformance with applicable safety regulations under the State Labor and
Administrative Code sections. The City shall not require or permit any employee to go to
or be in any employment or place of employment which is not safe.
Section 2 -Union Cooperation. Union will cooperate with the City by encouraging all
employees to perform their work in a safe manner.
Section 3 -Safety Committees and Disputes.
Safety committees composed of Management and Union stewards in the below listed
organizations will meet no less than six (6) times annually to discuss safety practices,
methods of reducing hazards, and to conduct safety training. This shall in no way
remove the basic responsibility of safety from Management nor shall it in any way alter
the responsibility of the employee to report unsafe conditions directly and immediately to
his or her supervisor.
Community Services
Public Works
Water-Gas-Wastewater Field Operations
Electric Field Operations
Water Quality Control
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a) A committee composed of one facilities Management representative, one building
inspection representative, two Union representatives, and the City Risk Manager will
meet as needed concerning safety matters of the Civic Center.
b) A ten-member Citywide UnionlManagement safety committee with equal Union and
Management membership will meet upon call to review safety· and occupational
health standards and practices, discuss overall City safety and health problems, and to
act as an advisory group to the departmental safety committees. The committee shall
review all departmental safety programs and recommend change where necessary.
c) In cases of dispute over safe working conditions the employee will first report such
unsafe conditions to his or her supervisor and every attempt will be made to rectify
the problem at this level. The employee may contact his or her .steward to assist in
the resolution of the dispute. If the problem cannot be resolved the Risk Manager
will be contacted and the problem will be addressed through the interpretation of the
basic safety rules and regulations. Should the problem not be resolved at this step,
the grievance procedure will be utilized. Safety grievances shall be submitted at Step
III.
d) In response to recommendations from the Ergonomics Safety Committee,
management will develop training workshops which include information on safe
. ergonomic work practices. Such workshops will be given at least two times per year.
Upon release of Cal/OSHA regulations covering safe workplace ergonomic standards,
management will immediately adopt such standards as party of its Injury Prevention
Program.
ARTICLE XIX -GRIEVANCE and APPEAL PROCEDURE
Section 1 -General Provisions. The City and the Union recognize that early settlement of
grievance or appeal of disciplinary actions is essential to sound employee-employer
relations. The parties seek to establish a mutually satisfactory method for the settlement
of employee grievances, or appeal of disciplinary action, or Union grievances as provided
for below. In presenting a grievance or appeal of disciplinary action, the aggrieved
and/or his or her representative is assured freedom from restraint, interference, coercion,
discrimination or reprisal. Release time for investigation arid processing a grievance or
appeal of disciplinary action is designated in Article IV of this Memorandum of
Agreement (MOA).
Section 2 -Definitions.
a) Grievance means an unresolved complaint or dispute regarding the application or
interpretation of rules, regulations, policies, procedures, Memorandum of Agreement
or City ordinances of resolution, relating to terms or conditions of employment,
wages or fringe benefits, excluding however those provisions of this MOA which
specifically provide that the decision of any City official shall be final, the
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interpretation or application of those provisions not being subject to the grievance or
appeal of disciplinary action procedure.
b) Appeal of a disciplinary action means an appeal of any kind of disciplinary action
against an employee covered by this Memorandum of Agreement. Discipline is
defined as suspensions without pay, reductions in pay, demotion or discharge.
Reprimands, transfers, reassignments, layoffs, and negative comments in performance
evaluations are not considered discipline.
Section 3 -Conduct of Grievance Procedure or Aweal of Disciplinary Action Procedure.
a) An aggrieved employee may be represented by the Union or may represent
himselflherself in preparing and presenting a grievance or appeal of disciplinary
action at any level of review. Grievances or appeal of disciplinary action may also be
presented by a group of employees. No grievance or appeal of disciplinary action
settlement may be made in violation of an existing merit rule or memorandum of
agreement. The Union will be notified prior to the implementation of any settlement
made which affects the rights or conditions of other employees represented by the
Union. The Union and the Steward will be copied on all written representation unit
grievance or appeal of disciplinary action decisions.
b) An employee and the representative steward, if any, may use a reasonable amount of
work time so long as there is no disruption of work, in conferring about and
presenting a grievance or appeal of disciplinary action. Requests for release time to
prepare grievance or appeal of disciplinary action shall be made in accordance with
the provisions of Article IV, Section 3.
c) Beginning with the third step of the grievance or appeal of disciplinary action
procedure, the Chief Steward or Alternate Chief Steward may assist in presenting a
grievance or appeal of disciplinary action and may be present at all Step III, and IV
grievance or appeal of disciplinary action hearings.
d) The time limits specified in this Article may be extended by mutual agreement in
writing of the aggrieved employee or the Union and the reviewer concerned.
e) Should a decision not be rendered within a stipulated time limit, the grievant may
immediately appeal to the next step.
f) The grievance or appeal of disciplinary action may be considered settled if the
decision of any step is not appealed within the specified time limit.
g) If appropriate, the aggrieved employee(s) or the Union and the department head may
mutually agree, in writing, to waive Step I and/or Step II of the grievance or appeal of
disciplinary action procedure.
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h) Grievances or appeal of disciplinary action shall be made in writing and submitted on
forms provided by the City or on forms which are mutually agreeable to the City and
the Union. The written grievance or appeal of disciplinary action shall contain clear,
factual and concise language, including: (1) the name of the grievant; (2) a statement
of the facts upon which the grievance or appeal of disciplinary action is based,
including relevant dates, times and places; (3) specific provisions of this Agreement
or specific City rules, policies, or procedures which the grievance or appeal of
disciplinary action alleges has been violated; (4) a summary of any steps taken toward
resolution; and (5) the action the grievant believes will resolve the grievance or
appeal of disciplinary action.
i) Any retroactivity on monetary grievances or appeal of disciplinary action shall be
limited to the date of occurrence, except in no case will retroactivity be granted prior
to three months before the grievance or appeal of disciplinary action was filed in
writing.
j) If the grievance is filed by more than one employee in the bargaining unit, the Union
may, at its option, convert it to a Union grievance after Step II of the grievance
procedure. The Union may also file a grievance in those instances when, under this
Memorandum of Agreement, a Union right not directly related to an individual
employee becomes the subject of dispute. Union grievances shall comply with all of
the foregoing provisions and procedures.
k) For purposes of time limits, "working days" are considered to be Monday through
Friday, exclusive of City holidays.
I) If a mutually agreed solution is reached during any step of this grievance or appeal of
disciplinary action procedure, the agreement shall be placed in writing and signed by
the City and the grievant or union.
m) Upon request of either party, meetings to discuss the grievance or appeal of
disciplinary action shall be held at any step in the grievance or appeal of disciplinary
action procedure.
n) The Parties may mutually agree in writing to an alternate method(s) of delivery for
any communication for any notices required pursuant to Article XIX, Grievance
Procedure, of a grievance or appeal of disciplinary action. Such agreement shall list
the designated representative(s) for each party and the appropriate contact
information for each Party, and describe the agreed-upon method(s) of
communication. All designated representatives shall be copied on any
communications. On all transmissions that are intended to conform to a time limit,
the sender shall retain proof that the transmission was sent within that limit (for
example, confirmation of electronic mail transmission or record of successful fax
transmission) in the sender's file for production if a dispute arises over existence or
timing of the transmission. Either Party may designate new representatives or
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terminate an alternate delivery agreement under this section by providing written
notice, which shall be effective immediately, to the other.
Section 4 -Grievance and Appeal Procedure.
Step I. Informal Discussion. Within fifteen (15) working days after the incident or
discovery of the incident on which the grievance or appeal of disciplinary action is based
the aggrieved employee shall present the grievance action to his or her immediate
supervisor and attempt to resolve the grievance through infotmal discussions. Every
attempt will be made to settle the issue at this level.
Step II. If the grievance is not resolved through the informal discussion in Step 1 or the
employee wishes to appeal disciplinary action taken against himlher in the case of a
grievance, the employee will reduce the grievance or appeal of disciplinary action to
writing and submit copies to the Department head or his or her designee within fifteen
(15) working days of the discussion with the immediate supervisor or within fifteen (15)
working days from the receipt of a final disciplinary action. The Department Head or
designee shall have fifteen (15) working days from the receipt of a written grievance or
appeal of disciplinary action to review the matter and prepare a written statement.
Step ill. If the grievance or appeal of disciplinary action is not resolved and/or the
aggrieved employee is not satisfied with the Step II decision, the grievant or disciplined
employee may appeal to the Human Resource Director or his or her designee in writing
within fifteen (15) working days of the receipt of the Department Head's response. The
written appeal to the Human Resources level shall include a copy of the original
grievance or appeal of disciplinary action, the Department Head's decision at Step II, and
a clear statement of the reasons for appeal. Within fifteen (15) working days, after
receiving the written appeal, the Human Resource Director shall review the matter and
prepare a written statement. If a mutually agreed solution is reached during this process
the agreement shall be placed in writing and signed.
Step IV. If the grievance or appeal of disciplinary action is not resolved at Step III, the
aggrieved employee may choose between final and binding resolution of the grievance or
appeal of disciplinary action through appeal to the City Manager or through appeal to
final and binding arbitration. For the term of this Memorandum of Agreement, appeals to
final and binding arbitration may be processed only with Union approval. All Step IV
appeals must be filed in writing at the Human Resources Department Office within
fifteen (15) working days of receipt of the Human Resource Director's decision at Step 3.
If the grievant or appellant elects final and binding resolution by the City Manager, the
City Manager will choose the methods he or she considers appropriate to review and
settle the grievance or appeal of disciplinary action. The City Manager shall render a
written decision to all parties directly involved within fifteen (15) working days after
receiving the grievant/appellant's appeal. If the grievant/appellant elects final and
binding arbitration in accordance with this provision, the parties shall mutually select an
arbitrator within 90 days from the date of receipt of the written request for appeal. In the
event the parties cannot agree on an arbitrator, they shall mutually request a panel of five
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arbitrators from the California State Conciliation Service or from the American
Arbitration Association if either party objects to the State Conciliation Service, and select
an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and
authority only to interpret, apply, or determine compliance with the provisions of this
Memorandum of Agreement and such Merit System Rules, regulations, policies,
procedures, City ordinances, resolutions relating to terms or conditions of employment,
wages or fringe benefits, as may hereafter be in effect in the City insofar as may be
necessary to the determination of grievances or appeal of disciplinary action appealed to
the arbitrator. The arbitrator shall be without power to make any decision contrary to, or
inconsistent with or modifying in any way, the terms of this Memorandum Of
Agreement. The arbitrator shall be without authority to require the City to delegate or
relinquish any powers which by State law or City Charter the City cannot delegate or
relinquish. Where either party seeks arbitration and the other party claims the matter is
not subject to th.e arbitration provisions of this Memorandum of Agreement, the issue of
arbitrability shall first be decided by the arbitrator using the standards and criteria set
forth in Article XX and without regard to the merits of the grievance or appeal of
disciplinary action. If the issue is held to be arbitrable, the arbitration proceedings will be
recessed for up to five working days during which the parties shall attempt to resolve the
grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and
resolve the issue on the merits. Copies of the arbitrator's decision shall be submitted to
the City, the aggrieved employee and the Union. All direct costs emanating from the
arbitration procedure shall be shared equally by the City and the aggrieved employee or
the Union.
ARTICLE XX -UNSATISFACTORY WORK OR CONDUCT
AND DISCIPLINARY ACTION
The City has the right to discipline, demote, or discharge employees for cause. Non-
probationary employees whose work or conduct is unsatisfactory but not sufficiently
deficient to warrant discipline, demotion, or discharge will be given a written notification
of unsatisfactory work or conduct and an opportunity to improve. Failure to correct
deficiencies and improve to meet standards may result in discipline, demotion, or
discharge. Discipline is defined as suspensions without pay, reduction in pay, demotion,
or discharge. Reprimands, transfers, reassignments, layoffs, and negative comments in
performance evaluations are not discipline and shall not be subject to the requirements of
this Article.
Section 1 -Preliminary Notice of Discipline.
Prior to imposing disciplinary action, a supervisor shall provide an employee with
preliminary written notice of the proposed disciplinary action. The notice of proposed
disciplinary action must be in writing and served on the employee in person or by
registered mail or Fed-Ex. The notice of disciplinary action shall include:
a) Statement of the violations upon which the disciplinary action is based;
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b) Intended effective date of the action;
c) Statement of the cause thereof;
d) Statement in ordinary and concise language of the act or the omissions upon which
the causes are based;
e) Copies of any documents or other written materials upon which the disciplinary
action was fully or in part based.
t) Statement advising the employee of hislher right to appeal from such action, and the
right to union representation.
g) The date and location of the Skelly meeting and the name of the Skelly Officer
Section 2 -Skelly Meeting. The employee shall have the right to respond informally to
the charges either verbally or in writing before the discipline is imposed. The employee
shall have fifteen (15) working days from receipt of the notice to request this pre-
disciplinary administrative review. The employee may request a reasonable extension of
the time to respond for justifiable reasons. The Skelly meeting to listen to the verbal
responses shall be scheduled with a City representative who is not the manager
recommending the discipline (the "Skelly Officer"). The Skelly Offjcer shall render a
final written decision (the "post-Skelly decision") within fifteen (15) working days of
receiving the employee's response, if any, and shall deliver the post-Skelly decision to
the employee by personal delivery or registered mail. The Skelly Officer may sustain,
modify, or overturn the recommended disciplinary action. If the Skelly Officer sustains
or modifies the disciplinary action, the action may be imposed after the post-Skelly
decision is delivered to the employee.
Section 3 -Appeals.
Appeals of disciplinary action should be processed through the procedures outlined in
Steps 2-4 of the grievance appeal of disciplinary action procedure (Article XIX, Section
4.)
ARTICLE XXI -NO ABROGATION OF RIGHTS
The parties acknowledge that Management rights as indicated in Section 1207D Of the
Merit System Rules and Regulations and all applicable State laws are neither abrogated
nor made subject to negotiation by adoption of this MOA.
ARTICLE XXII -OUTSIDE EMPLOYMENT
The provisions of Article 4.7 of the Government Code of the State of California will
govern the determination of incompatible outside employment.
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ARTICLE XXIll -WORK STOPPAGE AND LOCKOUTS
The City agrees that it will not lock out employees, and the Union agrees that it will not
engage in any concerted work stoppage or slowdown during the term of this MOA. An
employee shall not have the right to recognize the picket line of a labor organization
when performing duties of an emergency nature.
ARTICLE XXIV PROVISIONS OF THE LAW
Section 1. Conformity and Separability of Provisions. This Memorandum of Agreement
is subject to all current and future applicable Federal and State laws and Federal and State
regulations and the Charter of the City of Palo Alto and the Constitution of the State of
California. Should any of the provisions herein contained be rendered or declared invalid
by reason of any existing State or Federal legislation, such invalidation of such part or
portion of this Memorandum of Agreement shall not invalidate the remaining portions
hereof, and they shall remain in full force and effect, insofar as such remaining portions
are severable.
Section 2. Merit Rules and Regulations. This Memorandum of Agreement shall become
a part of the City of Palo Alto Merit Rules and Regulations applying to employees
assigned to classifications in the SEIU unit. As applied to employees assigned to the
SEIU unit, this Memorandum of Agreement shall prevail over any conflicting Merit
Rules and Regulations.
Section 3 -Resolution.
The City and the Union agree by signing this Memorandum of Agreement that the wages,
hours, rights and working conditions contained herein shall be continued in full force
during the term of this Memorandum of Agreement except as otherwise provided for in
the Memorandum of Agreement and shall be binding on both the City and the Union L
upon ratification by the Council of the City of Palo Alto and upon ratification by Union
membership.
ARTICLE XXV -COST REDUCTION PROGRAMS
During the term of this agreement, the Union will aggressively assist Management in
developing cost reduction programs. Such programs may include voluntary reduced
hours/pay after this concept is studied by Management, and with such application as may
be approved by Management.
ARTICLE XXVI -TERM
The Term of this Memorandum of Agreement shall commence on July 1,2012 and shall
expire on December 1,2013. The Parties agree that they will commence negotiations
over a successor to this Memorandum of Agreement no later than one hundred eighty
(180) days before its expiration. If, at the time this Memorandum of Agreement would
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otherwise expire, the parties are continuing to negotiate a successor Memorandum of
Agreement, upon mutual agreement the terms and conditions of this Memorandum will
continue in effect.
EXECUTED:
FOR LOCAL 521, SEIU, CTW: FOR CITY OF PALO ALTO:
Susan Nye, Director James Keene, City Manager
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Appendix "A" -Salary Schedule
This Appendix will be amended to reflect the following increases effective July 1,2012
or upon adoption of the MOA, whichever is later, unless otherwise noted:
• General base wage increase 1.65%
• LinepersoniCS base increase 5%*
• LinepersoniCS Lead base increase 5%*
• Compliance Technician base increase 5%*
• Compliance Lead base increase 5%*
• Utility System Operator base increase 5%*
• Installer-Repairer Lead base increase 2%*
• Recreation Coordinator base increase 6.8%*
Update the job descriptions listed above as presented; add the service retention steps of
2.5% of base for Dispatcher I, II and Lead at beginning of 7th year and beginning of 10th
year.
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APPENDIX B. APPRENTICESHIPS
ELECTRICIANILINEPERSON -LINEPERSON/CABLE SPLICER APPRENTICE:
May lead to Electrician or Lineperson/Cable Splicer positions. The Utilities Department
is proposing to formalize the Apprenticeship programs in the Electric Section to develop
journey level electricians and lineperson/cable splicers. The following are basic
concepts/principles to be incorporated:
1. The administration and operation of the Apprentice Lineperson/Cable Splicer
program will be managed by the Apprenticeship Committee which will be selected by
the Manager of Electric Operations and comprised of two (2) bargaining unit
members designated by Local 521 and two (2) Managers and the Manager of Electric
Operations. The. Manager of Electric Operations will maintain oversight of the
program. The Apprenticeship Program will be subject to review and approval by the
State of California Department of Industrial Relations Division of Apprenticeship
Standards.
2. The journey level position will not be a promotional opportunity for anyone other
than the apprentice underfilling the position, as long as that apprentice is successfully
progressing through the program.
3. Employees in Electric Operations who qualify will be given first consideration for the
apprentice position prior to other City classifications or recruiting from outside the
City.
4. A letter of agreement will be entered into by the apprentice and the City identifying
the terms and conditions of the program.
5. The program will normally require forty-eight (48) months to complete.
6. Normal progress through the program will be in periodic increments with formal
evaluations.
7. Salary steps have been established to bridge the Electrical Assistant classification
into the journey level classification. Employees hired into an Apprenticeship position
on or before July 1, 2012 will continue to progress through the Apprenticeship steps
and into the Lineperson journey rate at the same intervals as existed before July 1,
2012 for other employees in the Apprenticeship Program. This will result in the
employee achieving the top step (step 5) of the Lineperson rate after completion of36
months of the Apprenticeship Program. However, such employees will continue in
the Apprenticeship program through the successful completion of the fourth year of
the program.
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Employees hired into an Apprenticeship position after July 1,2012 will be paid at step 1
of the Apprenticeship range through the first year of the Apprenticeship. At the end of
the first year, the employee will progress to step 2. The next step will occur at 18 months
after the commencement of the Apprenticship; the next at 24 months; the next at 30
months; and the next at 36 months. Upon completion of the fourth year following
commencement of the Apprenticeship, the employee will be paid at the top step (step 5)
of the journey Lineperson wage.
Successful completion of the program and movement into the Lineperson classification
will npt transpire until the employee has· fulfilled all of the requirem~nts outlined in the
program content description and received the recommendation of the Apprenticeship
Committee.
8. A process for initial selection and placement in the program will be established. The
city and the Union agree to review or develop job descriptions to better reflect the
qualification necessary to attract and retain successful candidates for this program. It
is further agreed that the job descriptions will not warrant additional compensation.
9. A procedure for removing an unsuccessful apprentice from the program will be
developed.
10. A task force including journey level persons will be assigned to determine the content
and approach to specific elements of training.
11. Training will consist of on-the-job (OJT) and after hours elements (study and formal
classes). Off-the-job training costs will be funded by tuition reimbursement and
departmental funds. Personal time spent in off-the-job training will not be
compensated.
12. The apprentice will be under the continuing guidance of an appropriately qualified
journey level person during OJT. Such journey level persons will be assigned by
Management from among volunteers and will receive no additional compensation.
13. Qualifications/progress will be verified by appropriately kept records.
14. Unless specifically stated otherwise, regular City personnel policies and MOA
provisions will apply to the apprenticeship program.
15. This program may become a conceptual model for apprenticeships in other divisions
or departments.
\
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APPENDIX C. ALTERNATIVE 4/11 WORK SCHEDULE
The City and Union have agreed to the following alternative work schedule for Public
. Safety Dispatchers:
1. The City agrees to maintain a minimum of 18 permanent dispatchers on paid status
for this alternative 4111 work schedule. If the Communications Unit falls below the
minimum staffing levels for Communications for more than 120-days (4 months), the
City and the Union will meet and confer over whether to continue the· 4111 schedule
or revert to another schedule (such as 411 0) until such time as there are 18 permanent
dispatchers on paid status.
2. The City agrees that in accordance with FLSA requirements the dispatchers will
receive overtime for all hours worked outside of the regularly scheduled work hours
of the 4/11 schedule.
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APPENDIX D -DEPTIDIVISION CLASSIFICATION WORKDAY OR WORK
WEEK VARIATION
Section 1. Exceptions to Standard Workday or Work Week for SEIU
Representation Unit:
Community Services
Arts & Culture Division
Volunteer -Coordinator Each week (30 hours): 15 hours of unscheduled time; 15 hours
of scheduled time
Library Department
Coordinator, Library Programs
Librarian
Senior Librarian
Library Specialist
Library Assistant
Library Associate
In a given workweek, staff may work three eight-hour days, one seven-hour day, and one
nine-hour day. On a voluntary basis, staff may work five non-consecutive days within
seven.
Section 2. Rules Governing Flexible Work Hours.
These rules and procedures are established pursuant to Article VI, Section 8, and are an
application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the
classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences
Programs; Program Assistant; Theater Specialist, in the Recreation and Arts & Culture
Divisions of the Community Services Department, and the classifications of Associate
Planner, Building Planning Technician, CDBG Coordinator, Engineer, Executive
Secretary, Office Specialist, Planner, Senior Planner and Staff Secretary in the Planning
and Community Environment Department.
a) Flexible Work Schedule
1. Employees in the covered classification shall be permitted to arrange flexible
work schedules with division approval, providing that such schedules shall
include forty (40) hours per week.
2. Standard daily office hours shall be Monday through Friday, between the hours of
8:00 a.m. and 6:00 p.m. Flexible hours may occur for supervision of, and/or
attendance at, evening programs, meetings, weekend events, or other programs.
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1. Overtime
1. Emergency call-out work shall be defined as overtime work and compensated per
standard City practices.
2. If the need arises for overtime work due to an unusual circumstance calling for
extra hours or due to a special event, compensation shall be allowed with prior
approval of the Director of Recreation, Director of Arts and Culture, or the
Director of Planning and Community Environment, and shall be compensated for,
as spelled out in the Memorandum of Agreement.
Section 3. 2080 Plan
a) Either the Union or the City may withdraw from the Plan by giving the other party 30
calendar days written notice. In the event of termination of the plan, the covered
classifications will return to an 8-hour or other authorized workday as provided under
Article VIII, Section 1, of this Memorandum of Agreement.
b) Provisions of the 2080 Plan are as follows. To the extent that these provisions are in
conflict with other provisions of the Memorandum of Agreement, these provisions
will prevail.
c) The 2080 Plan or "12 hours per, Shift Schedule" is an authorized work schedule for
the Electric System Operators and Water Quality Control Plant Operators.
2080 Plan
Under this 2080 Plan, each employee's hours of work per year may not exceed 2,240. For
scheduling purposes, and subject to the Merit System Rules and Regulations, the
employee will be guaranteed not less than 2080 hours per year, or no less than 52 weeks
at the normal number of hours worked per week. Any employee covered by the Plan
who works up to 2,080 hours per year is compensated for all hours worked at the agreed
upon rate. The City must pay overtime for all hours worked in excess of 12 in any
workday, 56 hours in any work week, or 2080 hours in 52 weeks as the case may be. The
rate of overtime will be at time and one-half the employee's regular rate of pay (or current
contract overtime rate, if different).
Shift Schedule
The shift schedules combined must provide full 24-hour, seven (7) days per week
coverage for the Utility Control Center and Water Quality Control Plan. The shift
schedule shall be a rotating schedule. The Electric System Operators' shift schedule will
reach the equivalent of 40 hours per week in five weeks. The 12-hour shifts begin at 7:00
a.m. and 7:00 p.m. The Relief shift shall begin at 7:00 a.m. and end at 3:00 p.m. with
lunch taken while working. The shift schedule shall be rotating schedule. The Water
Quality Control Plant Operators' shift schedule will reach the equivalent of 40 hours per
week in two weeks. There will be four 12-hour shifts that begin at 6:00 a.m. and 6:00
p.m. The fifth shift will be a 411 0 shift that begins at 6 a.m. on three days, and at noon
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on the fourth day.
Pay Period
Pay periods and workweek for the System Operations will begin Sunday at 7:01 a.m.
Pay periods and workweek for the Water Quality Control Plan Operators will begin
Saturday at 6:01 a.m.
Wages
Wages will be based on the City of Palo Alto Compensation Plan, which may vary from
time to time as mutually agreed upon.
Overtime
Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12 in
any workday, 56 in any work week, or 2080 in 52 weeks, as the case may be.
Overtime will also be paid for hours worked when an employee is called in to work other
than their regularly-scheduled shift. The overtime rate of pay will be one and one-half
times (or current contract overtime rate, if different) of the employee's regular rate of pay.
All overtime worked will be paid to the employee. No compensatory time off for
overtime will be allowed with the exception of Water Quality Control Operations.
Relief Employees
This provision only applies to the Electric System Operators. The five Operators share
the relief week evenly as they rotate through the five week cycle. Relief employee(s) will
be used within the 12-hours shift schedule only when relieving for the System Operators
on shift. When not relieving, they will work four eight-hour shifts.
When a vacation relief week results in a 36-hour or 48-hour week, the operator working
said week shall be paid at one and one-half (l Yl) time their normal rate of pay for hours
that exceed thirty two (32) hours.
Relief Duties
This provision only applies to the Electric System Operators. An employee who is
scheduled to perform relief duties shall be available for duty in revolving shifts on any
day of the week and may be assigned for relief in any shift without advance notice.
Relief employees will be paid standby pay during their relief week.
Standby
This provision only applies to the Electric System Operators. An employee who is on
relief duties is covering standby, and will be compensated according to Article VIII,
Section 7 (a) of the Memorandum of Agreement. lfthe relief employee is onvacation or
otherwise unavailable for relief duties, the employee(s) on their three or four-day off
period will be first on standby.
Management reserves the right to utilize Management personnel as Operators on a short-
term, as needed basis, ifno Operator is available.
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Filling Vacant Positions
If the City elects to fill a vacancy other than by reassignment of the shift or the utilization
of prior or succeeding shift personnel, the following procedure shall be used:
Employees will be called according to their position on the Pre-arranged Overtime List
(POL), with the person with the lowest balance 1;>eing the first one called. The purpose of
the POL is to fairly distribute the available opportunities. If an employee turns down the
overtime, that amount will be added to the employee's POL balance. If an employee
cannot be contacted for such assignment, the employee will not have any overtime added
to their POL account balance.
Shift Changes
Shift changes caused by scheduled time off or sick leave will not be considered an
official change in shift.
Maximum Hours Worked
No employee shall work more than 18 consecutive hours.
Rest Period
In a 12-hour workday, employees are entitled to a rest period of 8 consecutive hours after
working 6 hours overtime during the 12 hours immediately before the regularly
scheduled hours of work on a workday or non-workday.
Holidays
Employees who begin their day or night shift on an observed holiday will receive
overtime premium in accordance with Article X, Section 3 of the Memorandum of
Agreement. Employees who work a schedule where a regular day off falls on a holiday
will be paid for the hours they would have normally worked on that day.
Employees working for Water Quality Control Operations may accrue holiday time
convertible to vacation.
Sick Leave
Sick leave will be earned as indicated in Article XII, Section l(a) of this MOA, and shall
be charged in increments of one hour.
Floating Days Off
Floating holidays will be made available to eligible employees and used pursuant to
Article X, Section 5.
Vacation
An employee's total entitlement will be converted to hours (eight hours = one day). A
workday will consist of 12 hours, and employees taking vacation will be charged 12
hours of use. Two week notification is required for any scheduled time off. Only one
person at a time may be scheduled off.
Page 56 of62
City of Palo Alto and SEIU Local 521
Tentative Agreement July 5, 2012
It is the intention of the City that vacation be taken in units of one work week; however,
with approval of hislher supervisor, an employee may use hislher accrued vacation in
units of less than one work week.
Meals
Shift employees shall be permitted to eat their meals during work hours and shall not be
allowed additional time, therefore at City expense.
Shift Premium
Shift premium will be handled in accordance with the current Memorandum of
Agreement between the City and the Union, Article VIII, Section 8.
Jury Duty
Time off for jury duty which occurs on a regularly scheduled workday will result in the
employee being credited with up to 12 hours worked, for pay purposes. Employees
called for jury duty who are working the evening portion of the 12-hour schedule will be
placed, for payroll and scheduling purposes, on the day shift for each scheduled day such
employee is required to report for jury duty, and will not be required to work the evening
12-hour shift before or after being requited to report for jury duty. However, such
employee shall return to work on the day shift upon being released from such duty if
there are at least four hours remaining prior to the end of the day shift. All other
provisions of Article XII, Section 5, of the current Memorandum of Agreement shall
apply.
PageS70f62
City of Palo Alto and SEIU Local 521
Tentative Agreement July 5, 2012
APPENDIX E. IN-LIEU PREMIUMS
1. For employees in the following operations assigned to work schedules other than
Monday through Friday, the calendar day will be considered the holiday for premium
pay of in-lieu scheduling purposes:
Communications
Water Quality Control
Animal Control
Golf Course
Utilities Services
Landfill
Open Space
Electric System Operator
2. If December 24 and 31 fall on Sunday, then the preceding Friday will be designated
for purposes of excused time off, except in the case of Community Services staff who
may be scheduled to work on Saturday, in which case Saturday will be designated for
purposes of excused time off. For Open Space and Library personnel, designation of
excused time off will be based on Park and Library schedules and employee
preference.
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City of Palo Alto and SEIU Local 521
Tentative Agreement July 5, 2012
APPENDIX F. COMMUNICATIONS DIVISION PROMOTIONS
1. Promotional opportunities within the Communications Division will be carried out in
compliance with procedures set forth in Article VI, Section 5, of the Memorandum of
Agreement between the City and SEIU Local 521, except that:
a. In sub-paragraph (e) of Article VI, Section 5, the term "seniority" shall be defmed
as division seniority.
b. Division seniority will be calculated from an employee's first day of employment
in the division, minus any unpaid leave.
Page 59 of 62
City of Palo Alto and SEIU Local 521
Tentative Agreement July 5, 2012
APPENDIX G. SIDE LETTER REGARDING -RECOVERY OF CITY
TRAINING COSTS
In recognition of the extended training provided to affected employees, the Parties agree
that the City may recover up to thirty percent (30%) of its cost for training employees,
hired on or after July 1,2012, in the Field Services Representative and LinepersoniCable
Splicer Apprentice classifications if the employee voluntarily terminates from the City or
abandons his or her City employment before completing three years of City service in the
Field Services Representative or LinepersoniCable Splicer classification. The amount
recovered shall reasonably reflect the City's cost for the training, but will exclude all
wage or benefit costs, and will be prorated to reflect the portion of the thirty-six (36)
month post-training service period remaining at the time of the employee's termination.
As of July 1, 2012 thirty percent (30%) of the City's cost for training employees in the
LinepersoniCable Splicer Apprenticeship Program was $30,000 for the three years of the
pre-existing three year program. For the Field Service Representative, thirty percent
(30%) of the City's two year training cost was $5,550. The employee will be required to
sign an agreement providing for reimbursement to the City as provided above on the form
attached hereto as Appendix H.
Page 60 of62
City of Palo Alto and SEIU Local 521
Tentative Agreement July 5, 2012
APPENDIX H._ RECOVERY OF TRAINING INVESTMENT AGREEMENT
This Agreement is entered into between .. ("Employee") and the City of Palo
Alto (the "City"), as authorized by the Memorandum of Agreement between the City and
SEIU Local 521.
RECITALS
A. The purpose of this Agreement is to limit the City's risk that it will invest
substantial sums in the Employee's training but potentially lose the value of that
training if the employee terminates without rendering substantial journey level
service to the City after training.
B. The City may require reimbursement from Employee of thirty percent (30%) of
the total training cost for position, subject to abatement when specified
service requirements are met.
C. On or about (date) City extended to Employee a conditional offer of
employment in the position of (position), subject to Employee's
agreement to complete the training necessary to perform the duties of __ _
(position), under the terms of the training program. The (position)
requires [description of trainingj, which as of July 1, 2012 cost the City
approximately $ __ over the course of the training.
D. This agreement sets forth the Employee's agreement to reimburse the City for the
City's investment in the Employee's training if the employee voluntarily
terminates from the City prior to the completion of thirty-six months of service
following successful completion of the training.
THEREFORE, the Parties agree to the terms set forth below:
By signing this agreement, the Employee understands that s/he is bound by agrees to the
following terms:
1. (hereafter "Employee") agrees that
in training Employee for the position of
the City of Palo Alto
(hereafter "City") incurs a total cost of $ [this may need to be
adjusted based on structure of training.}
2. Employee agrees that amounts recoverable under this agreement do not include
Employee wage or benefit costs.
3. Employee agrees that in the event he/she voluntarily terminates or abandons his or
her employment from the City prior to the completion of thirty-six (36) months of
service following the successful completion of his or her apprenticeship, he/she
will repay the City for the cost of training noted above, prorated to reflect the
Page 61 of62
City of Palo Alto and SEIU Local 521
Tentative Agreement July 5, 2012
months of service the Employee has completed following successful completion
of their training. Employee agrees that for the purpose of this agreement, "time of
service" shall begin on the date following the successful completion of the
Employee's training.
4. Employee agrees that the aggregate amount of repayment due will be determined
based upon the attached proration table.
5. Employee agrees that repayment shall be due and made in equal monthly
installments over the twelve (12) months immediately following termination, on
the first of each such month.
6. If Employee does not fully reimburse the City for the amounts due when due, the
entire aggregate amount owed will become immediately due, the employee will
be deemed in default on this agreement and the City may initiate legal
proceedings to collect said amounts. Employee will be responsible for all
reasonable collection costs and attorney fees incurred by the City in undertaking
such proceedings. The City may elect to forbear taking such action to allow
Employee the opportunity to become current on the debt. Such forbearance will
not alter the Employee's default status or adversely affecting the City's right to
later initiate proceedings for recovery pursuant to this Agreement.
7. This agreement shall be effective on the date listed below.
DATED: ______________________________________________ __
Employee
**Title**, City of Palo Alto
Page 62 of62
:;EIU (Regular)
Effective 7/112012
CITY OF PALO ALTO
2012 SEIU Salary Schedule
Approx Approx
Class Job Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Monthly Annual FLSA
206 Account Assistant 19.71 20.75 21.84 22.99 24.20 4,195.16 50,341.96 Non-Exempt
204 AcctSpec 23.03 24.24 25.51 26.86 28.27 4,899.94 58,799.24 Non-Exempt
207 Acct Spec-Lead , 24.65 25.95 27.31 28.75 30.26 5,245.28 62,943.31 Non-Exempt
294 Administrative Associate I 22.64 23.83 25.08 26.40 27.79 4,817.13 57,805.51 Non-Exempt
295 Administrative Associate II 24.60 25.89 27.26 28.69 30.20 5,234.70 62,816.45 Non-Exempt
296 Administrative Associate III 26.36 27.75 29.21 30.75 32.37 5,610.00 67,319.95 Non-Exempt
277 Animal Attendant 20.80 21.89 23.04 24.26 25.53 4,425.98 53,111.72 Non-Exempt
276 Animal Control Off 22.28 23.45 24.69 25.99 27.35 4,741.36 56,896.35 Non-Exempt
263 Animal Services Spec 21.97 23.12 24.34 25.62 26.97 4,674.41 56,092.91 Non-Exempt
275 Animal Services Spec II 24.23 25.50 26.84 28.26 29.74 5,155.42 61,865.00 Non-Exempt
347 Planning Arborist 37.84 39.83 41.92 44.13 46.45 8,052.04 96,624.42 Non-Exempt
3470 Planning Arborist -S 37.84 39.83 41.92 44.13 46.45 8,052.04 96,624.42 Non-Exempt
244 Assoc Buyer 29.19 30.72 32.34 34.04 35.83 6,210.82 74,529.78 Non-Exempt
333 Assoc Engineer 34.55 36.37 38.28 40.30 42.42 7,352.55 88,230.57 Non-Exempt
353 Assoc Planner 32.73 34.45 36.26 38.17 40.18 6,964.92 83,579.07 Non-Exempt
247 Assoc Power Engr 36.79 38.72 40.76 42.90 45.16 7,828.27 93,939.24 Non-Exempt
269 Assoc Res Planner 37.47 39.45 41.52 43.71 46.01 7,974.51 95,694.12 Non-Exempt
330 Asst Engineer 31.29 32.93 34.67 36.49 38.41 6,658.35 79,900.15 Non-Exempt
256 Asst Power Engr 33.21 34.96 36.80 38.73 40.77 7,067.11 84,805.38 Non-Exempt
268 Asst Res Planner 33.83 35.61 37.48 39.46 41.53 7,199.26 86,391.12 Non-Exempt
249 Asst Storekeeper 20.93 22.03 23.19 24.41 25.70 4,454.17 53,450.01 Non-Exempt
299 Bldg Inspector 32.35 34.05 35.84 37.73 39.71 6,883.87 82,606.48 Non-Exempt
300 Bldg Inspector Spec 34.53 36.34 38.26 40.27 42.39 7,347.26 88,167.14 Non-Exempt
370 Bldg Serviceperson 19.66 20.70 21.79 22.93 24.14 4,184.59 50,215.10 Non-Exempt
371 Bldg Serviceperson-L 21.05 22.15 23.32 24.55 25.84 4,478.83 53,746.01 Non-Exempt
355 Bldg/Pig Technician 26.54 27.93 29.40 30.95 32.58 5,647.00 67,763.96 Non-Exempt
340 Business Analyst 40.80 42.95 45.21 47.59 50.09 8,682.81 104,193.69 Non-Exempt
3400 Business Analyst -S 40.80 42.95 45.21 47.59 50.09 8,682.81 104,193.69 Non-Exempt
212 Buyer 32.13 33.82 35.60 37.48 39.45 6,838.06 82,056.76 Non-Exempt
536 Cathodic Tech 33.34 35.10 36.94 38.89 40.93 7,095.31 85,143.67 Non-Exempt
464 Cathodic Protection Tech Assistant 27.97 29.44 30.99 32.62 34.34 5,952.16 71,425.96 Non-Exempt
208 CDBG Coordinator 34.98 36.82 38.76 40.80 42.95 7,444.17 89,330.02 Non-Exempt
408 Cement Finisher 27.62 29.07 30.60 32.21 33.91 5,877.81 70,533.72 Non-Exempt
409 Cement Finisher Lead 29.55 31.10 32.74 34.46 36.28 6,288.34 75,460.08 Non-Exempt
502 Chemist 32.70 34.42 36.23 38.13 40.14 6,957.87 83,494.50 Non-Exempt
297 Chf Elec Undg Inspec 35.78 37.67 39.65 41.74 43.93 7,615.08 91,380.91 Non-Exempt
239 Chf Inspec WGW 34.60 36.42 38.34 40.36 42.48 7,363.12 88,357.43 Non-Exempt
305 Chief Comm Tech 34.55 36.37 38.28 40.30 42.42 7,352.55 88,230.57 Non-Exempt
301 Code Enforcement Off 31.06 32.70 34.42 36.23 38.14 6,610.77 79,329.29 Non-Exempt
306 CommTech 33.84 35.62 37.49 39.47 41.54 7,201.02 86,412.26 Non-Exempt
702 Community Serv Offcr 22.70 23.90 25.15 26.48 27.87 4,831.22 57,974.65 Non-Exempt
320 Community Service Officer -Lead 24.28 25.56 26.91 28.32 29.81 5,167.75 62,013.01 Non-Exempt
341 Coor Trans Sys Mgmt 34.19 35.99 37.88 39.87 41.97 7,275.02 87,300.27 Non-Exempt
3410 Coor Trans Sys Mgmt -S 34.19 35.99 37.88 39.87 41.97 7,275.02 87,300.27 Non-Exempt
255 Coord Library Prog 30.93 32.56 34.27 36.08 37.98 6,582.58 78,991.00 Non-Exempt
342 Coord Pub Wks Proj 32.48 34.19 35.99 37.88 39.88 6,912.06 82,944.77 Non-Exempt
3420 Coord Pub Wks Proj -S 32.48 34.19 35.99 37.88 39.88 6,912.06 82,944.77 Non-Exempt
27.89 29.36 30.91 32.53 34.25 5,935.95 71,231.44 Non-Exempt
343 Coord Util Saf & Sec 36.90 38.84 40.89 43.04 45.31 7,852.94 94,235.24 Non-Exempt
3430 Coord Util Saf & Sec -S 36.90 38.84 40.89 43.04 45.31 7,852.94 94,235.24 Non-Exempt
344 Coord Utility Proj 35.07 36.92 38.86 40.91 43.06 7,463.55 89,562.60 Non-Exempt
3440 Coord Utility Proi -S 35.07 36.92 38.86 40.91 43.06 7,463.55 89,562.60 Non-Exempt
242 Coord Zero Waste 31.19 32.83 34.56 36.38 38.29 6,637.20 79,646.43 Non-Exempt
205 Court Liaison Officer 29.55 31.10 32.74 34.46 36.28 6,288.34 75,460.08 Non-Exempt
214 Crime Analyst 29.55 31.10 32.74 34.46 36.28 6,288.34 75,460.08 Non-Exempt
415 Cust Srv Specialist-L . 28.78 30.29 31.89 33.57 35.33 6,124.48 73,493.76 Non-Exempt
218 Cust Svc Represent 24.47 25.75 27.11 28.54 30.04 5,206.51 62,478.16 Non-Exempt
217 Cust Svc Spec 26.91 28.32 29.82 31.38 33.04 5,726.28 68,715.40 Non-Exempt
225 Date Entry Operator 19.61 20.65 21.73 22.88 24.08 4,174.02 50,088.24 Non-Exempt
260 Oesktop Technician 29.33 30.88 32.50 34.21 36.01 6,242.53 74,910.36 Non-Exempt
533 ElecAsst I 24.92 26.23 27.61 29.07 30.60 5,303.42 63,641.03 Non-Exempt
267 Elec Undgd Inspec 30.66 32.27 33.97 35.76 37.64 6,524.44 78,293.27 Non-Exempt
345 Electric Project Engineer 44.06 46.38 48.82 51.39 54.10 9,377.01 112,524.11 Non-Exempt
3450 Electric Project Engineer -S 44.06 46.38 48.82 51.39 54.10 9,377.01 112,524.11 Non-Exempt
292 Electric Underground Inspector -Lead 32.79 34.52 36.34 38.25 40.26 6,979.02 83,748.22 Non-Exempt