HomeMy WebLinkAboutStaff Report 388-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE: October 25, 2010 CMR:388:10
REPORT TYPE: ACTION
SUBJECT: Adoption of Two Resolutions: (I) Amending Section 1901 of the Merit
System Rules and Regulations Regarding a Memorandum of Agreement
for Represented Hourly Employees (SEIU Hourly Unit) and (2) Adopting a
Compensation Plan for Represented Hourly Employees (SEIU Hourly
Unit) and Rescinding Resolution 8758
RECOMMENDATION
Staff recommends the following to Council:
(I) Adopt the attached resolution amending the Merit System Rules
(2) Adopt the attached resolution adopting a new compensation plan
BACKGROUND
Hourly employees serve as a contingent workforce, providing increased flexibility to City
departments. Certain hourly employees that work on a consistent basis are represented by
the Service Employees' International Union (SEIU) -. the "SEIU Hourly Unit." This unit
specifically excludes seasonal, intermittent and limited basis workers. Hourly employees
who do not meet the SEIU Hourly recognition requirements serve as unrepresented
Limited Hourly employees and are covered by a separate compensation plan.
The SEIU Hourly Unit has roughly 140 employees who work in a variety of capacities
including Lifeguard, Librarian, Theater Arts Professional, Custodial Assistant and
Administrative Specialist.
The collective bargaining process for this unit typically follows the Classified Unit
negotiations (regular employees with benefits). The parties began negotiating in
December 2009 and reached tentative agreement in July 2010. The primary issues
discussed in this process included basic health care, expanding access to the City's
internal recruitment process and providing more relevant classifications to fit the work
being performed.
CMR:388:IO Page 10f3
DISCUSSION
This Memorandum of Agreement (MOA) with the SEIU Hourly employees has been
ratified by the bargaining unit members and will take effect upon adoption by Council,
with the exception of the medical stipend provisions which take effect in July of 2010 and
July of2011. The Agreement continues through December 31, 2011.
The City's difficult economic climate narrowed the City's ability to address most of
SEIU's economic proposals in this round of negotiations. The key changes in the new
SEIU Hourly MOA include:
• As with other bargaining units, this unit will have a wage freeze for the duration of
the contract.
• The existing medical stipend will increase by $0.05 in Fiscal Year (FY) 2011 and
by $0.10 in FY 2012. The current medical stipend is $2.72 per hour worked, will
increase to $2.77 this fiscal year and move to $2.87 next fiscal year.
• Members of this unit accrue sick leave for each hour worked; The rate is currently
0.03 hours per hour worked and will not change during the term of this contract.
The parties negotiated a consistent approach of carrying sick leave accrued during
hourly service to the classified service for employees hired into positions in the
Classified Unit. The practice of sick leave carryover has been varied in the past.
A review of the last 3 years finds an annual average of 6 employees hired in to the
Classified Unit, each of whom had accrued an average of24 hours.
• The probationary period was simplified from the existing requirement of 2 years or
1,400 hours worked, to 6 months.
• In response to feedback from managers, the City negotiated several new job
classifications to provide managers with more flexibility when hiring supplemental
staffing. These classifications include Staff Specialist, Inspector, Journey-Level
Laborer and General Laborer.
• Members of this unit will now be eligible to apply for both internal and external
SEIU Classified Unit promotional employment opportunities. Previously an
hourly employee had to wait until the completion of the internal recruitment
process to be considered for regular city positions. This change provides more
flexibility to hiring managers to consider qualified staff that are already working
for the City and have operational knowledge. This language does not obligate the
City to do anything other than consider a qualified hourly along with the pool of
other internal candidates.
CMR:388:10 Page2of3
RESOURCE IMPACT
The primary resource impact is from the increases in the medical stipend, which total
$4,300 and $8,600 for FY 2011 and FY 2012 respectively. Staff estimates a $3,000
annual cost for allowing hourly employees hired into the Classified Unit to carry over
accrued sick leave, based on averages from prior years. The total annual cost is estimated
at $7,300 for FY 2011 and $11,600 for FY 2012. These costs can be absorbed without
further budget modification.
POLICY IMPLICATIONS
The action recommended by this report is consistent with City Council direction.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
ATTACHMENTS
A; Resolution Amending Section 190 I of the Merit System Rules and Regulations
Regarding a Memorandum of Agreement for Represented Hourly Employees (SEIU
Hourly Unity)
B: Resolution Adopting a Compensation Plan for Represented Hourly Employees (SEIU
Hourly Unit) and Rescinding Resolution 8758
C: Redlined Memorandum of Agreement for SEIU Hourly Unit
PREPARED BY: Sandra T.R. Blanch, Assistant Director, Human Resources
Joseph Saccio, Administrative Services Deputy Director
Marcie Scott, Human Resources Administrator
. DEPARTMENT HEAD: ___ '''_~_~~ C:(",: -
Russell Carlsen
Director of Human Resources
CITY MANAGER APPROVAL:~,,,-...A....::ft,-~ t-,~,.p' ,,-/ L---,,' =£-'..C'#"(-"---.:;t'--c:---T'Lf-_"l...r"--__
James K,i'ene f/
City Manager
CMR:388:10 Page 30f3
ATTACHMENT A
** NOT YET APPROVED **
Resolution No. :-:::-_::-:-
Resolution of the Council of the City of Palo Alto Amending
Section 1901 of the Merit System Rules and Regulations
Regarding a Memorandum of Agreement for
Represented Hourly Employees (SEID Hourly Unit)
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION I.
amended to read as follows:
Chapter 19 of the Merit System Rules and Regulations is hereby
"1901. Memorandum of Agreement incorporated by reference.
That certain Memorandum of Agreement by and between the City of
Palo Alto and Local 521 SEIU, consisting of a Preamble and Articles r
through XXV and Appendices A and B, attached thereto and
incorporated therein, for a term commencing October -' 2010 and
expiring December 31, 2011, is hereby incorporated into these Merit
System Rules and Regulations by reference as though fully set forth
herein. The memorandum of agreement shall apply to all employees in
hourly classifications represented by said Local 521, SEIU, 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 hourly employees reprcsented by said Local 521,
SEIU."
SECTION 2. The changes to the Merit System Rules and Regulations 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.
/1
1/
/1
II
1/
1/
101007 sh 8261451 1
** NOT YET APPROVED **
SECTION 3. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Deputy City Attorney
101007 sh 8261451 2
Mayor
APPROVED:
City Manager
Director of Human Resources
Director of Administrative
Services
MEMORANDUM OF AGREEMENT
City of Palo Alto and Local 521, SEW
PREAMBLE
This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter referred to
as the City) and Local 521 Service Employees International Union (hereinafter referred to as the
Union). Employee, for the purposes of this Memorandum of Agreement, shall mean an employee
assigned to a classification within the SEW Hourly unit. This Memorandum of Agreement is
pursuant and subject to Sections 3500 et, seq. 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. Pursuant to Sections 3500 et. seq. of the 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 hourly employees
who are regularly scheduled and who work an average of eight (8) hours per week over eleven
(11) pay periods for a minimum of four hundred sixteen (416) hours per fiscal year. This does
include PERS exempt employees. This does not include on call employees without regular
schedules and who are hired to work occasionally for special projects. This does not include
employees employed primarily to work seasonal or recreational programs and who may work
intennittently outside their recreational season.
This unit shall for purposes of identification be titled the SEIU Hourly unit, and includes
employees in the classifications listed in Appendix A attached.
The City shall notify the Union in writing of the development of a new hourly classification and
upon request will meet and confer regarding inclusion of the classification in the SEW hourly
unit.
The parties agree that hourly employees are considered to be in the bargaining unit while that
employee is employed by the City of Palo Alto if:
(a) The employee is hired to work in a covered classification with the expectation of working
an average of eight (8) hours per week over eleven (11) pay periods for a minimum of
four hundred and sixteen (416) hours in a fiscal year
Or
(b) The employee actually works in a covered classification for an average of eight (8) hours
per week over eleven (11) pay periods for a minimum offoUT hundred and sixteen (416)
hours in any fiscal year beginning fiscal year 2003/2004.
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Section 2. No Discrimination. The City and Union agree that no person employed by or
applying for employment hereto shall be discriminated against beeause of race, religion, creed,
political affiliation, color, national origin, ancestry, union activity, age, disability, sexual
orientation, or gender.
The City and the Union agree to protect the rights of all employces to exercise their free choice
to join the Union and to abide by the express provisions of applieable State and local laws.
ARTICLE Il-UNION SECURITY
Section I. Notice. When a person is hired in a job eovercd in Article I, the City shall notifY that
person that the Union is the reeognized 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. New
employees shall be required to attend orientation. The Director of Human Resources may make
an exception if extraordinary circumstances interfere with the employee's ability to attend. If the
Director grants an exception, the employee and Union shall be granted a maximum of fifteen
(15) minutes at the employee's report location for union orientation.
Section 2. Agency Shop.
(a) Every employee in the bargaining unit cOvered by this Memorandurn of Agreement shall:
(l) 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 aceordance 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
reeognized religion, body or sect which has historically held eonscientious 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 Revcnue 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 Hcalth Charities
Environmental Federation of California
Union members may declare their intention to terminate Union membership by certified
letter, return receipt requested, to the Director of Human Resources and the Union. In
order to be effective, the notice must be filed during the 30-day period between 60 and 90
days prior to expiration of the Memorandum of Agreement.
(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
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form within thirty (30) calendar days of being hired into a classification covered by this
MOA.
(c) To qualifY for deduction of thc Charity Fee, the employee must certifY to the Union and
City that helshe is a member of a bona fide religious body or sect that has historically
held conscientious objection to joining or financially supporting employce 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: Thc City shall deduct a service fce 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.
(f) 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.
The parties agree to work out administrative procedures when an employee is in non-pay
status. Dues will not be deducted when circumstances result in a negative paycheck.
Section 3. Documentation. The City shall supply the Union with the information described
under subsections (a) and (b) of this Section:
(a) A monthly print out of the names, membership status, addresses and classifications of all
bargaining unit employees; The Union v.ill use this contact information only for purposes
relevant and necessary to fulfilling its obligation to represent unit employees.
(b) A list of bargaining unit new hires, terminations and retirements which occurred during
the previous month. I
(c) The Union shall supply the City, and as applicable, the employees, with the
documentation required by Government Code Section 3502.5(f).
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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(0) and Section 2(h) above. 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 the existing Union-paid
telephone answering device for the purpose of posting, transmitting, or distributing notiee 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 Resourees 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 SElU 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 per year 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 luneh periods or other non-working hours. Sueh 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. 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.
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. City Council Materials. 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.
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Section II. Temporarv Agency Reporting. 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. Job postings for classifications positions covered by this Agrcoment
shall include a statement that the position is covered by this Collective Bargaining Agreement
and that union dues or agency fees may be required.
Section 13. Contracting Out. The City through the labor management process wilI keep the
Uuion advised of the statns 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 uinety (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 uuit 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 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 by each vendor.
ARTICLE III. STEWARDS
Section I. Designation. 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. Release Time. It is agreed that, as long as there is prior notice to the Supervisor with
no disruption of work, one (I) Steward shall be allowed reasonable release time away from their
work duties, without loss of pay, to act in representing a unit employce 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.
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(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 using Internal Order 80005 or its
successcr and a short-text notation describing the nature of the release time (e.g. "Steward
release time", "bargaining release time", "Labor-Management Committee release time", etc.).
Section 3. Advance Notification and Approval. The Union agrees that the Steward shaH give
advance notification to hislher supervisor and receive permission before leaving the work
location, except in those cases involving emergencies where advance notice cannot be given.
Management permission to leave the worksite under this section shall not be unreasonably
denied.
Section 4. Timecard Reporting. One Union Steward per affected Department, who is a City
employee, shaH 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 sueh time
will be reported on timecards using Internal Order 80005 or its successor and a short-text
notation describing the nature of the release time (e.g. "Steward release time", "bargaining
release time", "Labor-Management Committee release time", etc.).
Section 5. Storage of Union materials. 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 6. Labor/Management Meetings. Two Hourly Unit employees from different divisions
shall be allowed a reasonable amount of release time off to participate in monthly Labor!
Management Meetings. Such meetings may be included with the Classified Unit's
LaborlManagement meetings if appropriate. Such time shall be reported using Internal Order
80005 or its successor and a short-text notation describing the nature of the release time (e.g.
"Labor-Management Committee release time", etc.).
ARTICLE IV. REDUCTION IN FORCE
For the purposes of this Section, length of service shall be defined as aH straight time hours
worked by that employee for the City of Palo Alto.
Seetion 1. In the event of reductions in force, reductions shaH be accomplished whenever
possible through attrition.
Section 2. 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.
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Section 3. Seniority and Service Ties. 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 rcgular classification with no adjustment for leaves of absence. Length of
service ties will be determined by lot.
Employees laid off due to the above reasons will be given written notice at least thirty (30) 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 hourly positions which are requisitioned and for
which the employees are qualified for a period beginning with notification and ending sixty days
following the reduction in force. Employees transferred or reclassified under this seetion 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 at termination within 72 hours of the date of tormination. This does not
include any amounts payable under Article V, Section 6, or PERS contribution refunds, if any.
Section 4. Bumping Rights. Employees identified for layoff who have seniority (bumping)
rights to their current or previously held classification within the representation unit must declare
their intention to exercise these rights 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 successfully bump, the employee must be fully qualified, trained, and capable
of performing all work in the position bumped. An employee who declares bumping rights may
not also claim priority re-employment rights. For 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 persons 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 person with the highest seniority on a division re
employment list for a particular classification when a vacancy exists in that classification in that
division shall be offered the appointment. Names shall be carried on a re-employment list for a
period of one (I) year from the date of separation from City services or change of classification
through bumping. Upon re-employment within the one-year period, the employee's hire date of
record at the time oflayoff will be reinstated.
Section 6. Reinstatement. Employees laid off pursuant to Section 2 who are reinstated to a
regnlar position within sixty days shall retain the sick leave balance they had at the time of
layoff.
Section 7. No representation unit employee will be laid off or remain on a re-employment list
when intermittent hourly and seasonal hourly employees are performing substantially all the
duties of the classification of the hourly employee receiving a layoff notice or on a re
employment list.
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ARTICLE V. PERSONNEL ACTIONS
Section 1. Probationary Period. Each new employee shall serve a probationary period of six (6)
months of ccntinuous employment calculated from the employee's date of hire in a covered
classification and excluding all periods of leave and light duty assignments. 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 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 416 hours of continuous service or six months, whichever occurs first.
In the event of termination prior to successful ccmpletion of the probationary period, such
terminated employee shall be given written notice of his/her 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 ressons for
termination. The employee may, upon request, be acccmpanied by a Union Representative. The
interview shall not be deemed a hearing nor shall it obligate the City to reccnsider or alter the
termination action.
The parties agree that probationary employees shall have all rights under this Memorandum of
Agreement, including full and ccmplete access to the grievance procedure, save and except for
instances of suspension, demotion or termination.
Section 2. Personnel Evaluations. Personnel evaluations "''ill be given to employees as
scheduled by Management. Personnel evaluations are not appealable subject to appeal 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 \\'ith
the Human Resources Department. For purposes of this review, the employee may be
represented by the Union. Decisions regarding evaluation re\'iew 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 re\'iew their personnel files upon written request or to authorize,
in writing, re\'iew by their Union Representatives. l\.n employee or the Union shall be allowed,
upon reasonable request, copies of materials in an employee's personnel file relating to a
grievance.
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 in writing.
Section 5. Full Time Opportunities. Full time job opportunities for classifications within the
Hourly unit and the Classified unit will be posted for at least ten (IO) working days (Monday
through Friday) prior to selection.
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Outside reeruitment may be used for full time openings and may begin at the time of posting, or
any time thereafter.
Section 6. Equitable Rotation. In assigning employees to regular schedules or special
assignments, transfer, standby, overtime, or time off selection, ability to perform the work,
length of service and/or equitable rotation shall determine the assignments.
Section 7. Internal Eligibility. Non-probationary employees in the Hourly Unit are eligible to
apply for any posted SEIU, Classified Unit promotional employment opportunity. Such
participation shall be on the same basis and on the same terms as applies to internal Classified
Unit applicants, except as provided otherwise by the terms of the applicable City-SEIU
Classified Unit MOA or other applicable agreement between the City and the SElU Classified
Unit. Unless otherwise provided by the City-SEIU Classified Unit MOA or other applicable
agreement between the City and the SEIU Classified Unit, the seniority of an Hourly Unit
applicant shall be determined by total hours worked divided by two thousand eighty (2080). The
parties acknowledge that this paragraph will have effect only upon written agreement between
the City and SEIU Classified Unit to permit its application and for the duration of such
agreement.
Section 8. Work in SElU Classified Unit Vacancies. An employee in the Hourly bargaining unit
may perform the duties of a vacant SEIU Classified bargaining Unit position for up to six
months. However, ifbefore the six month period ends the City initiates and remains engaged in
an active recruitment and selection process (i.e. such steps as advertising, posting, development
of an employment candidate list, and interviews) with the objective of filling the vacancy the
City shall be entitled to have the employee in this unit continue to perform the duties until a
regular incumbent is hired and commences work. In the absence of an active recruitment, the
City'S Human Resources Director (or his or her designee) and the Union may agree in writing to
extend this period for one or more three month increments. The Union agrees that it shall not
unreasonably withhold agreement for reasonable extensions of reasonable duration. Members of
this bargaining unit may be employed in vacant Public Safety Dispatcher positions without
application of the limitations set forth in this paragraph.
ARTICLE VI -PAY
Section 1. Wages. Base wage rates and ranges of covered classifications are set forth in
Appendix A of this Memorandum of Agreement.
Section 2. Step Increases. Hourly employees are to be given a performance review after 416
hours, or six months, whichever occurs first, from datc of hire and annually thereafter;
improvement, efficient and effective service will warrant a salary step increase. Subsequent
salary reviews are based on performance appraisals and will depend upon demonstrated
satisfactory job performance. If an employee's performance evaluation is delayed past the
employee's review date and the reviewing manager determines that the employee's demonstrated
job performance warrants the step increase, the increase shall takc effect retroactive to the
employee'S scheduled review date.
Section 3. Working Out of Classification. The term "working out of classification" is defined as
a Management authorized assignment to a budgeted Hourly or Classified position on a temporary
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basis wherein all significant duties are perfonned by an individual holding a classification within
a lower compensation range. Pay for working out of classification shall be as follows:
Employees appointed to "working out of classification" basis will receive acting pay within the
range of the higher classification beginning the sixth (6th) consecutive work day of the
assignment.
Pay for work out of class will be detennined by the salary step of the higher classification which
the employee would be compensated if pennanently appointed to that classification.
Out-of-classification provisions do not apply to work assignments perfonned in connection with
specific predetennined apprenticeship or training programs, or declared conditions of public peril
andior disaster.
ARTICLE VII -HOURS OF WORK, OVERTIME
Section 1. Work Wcek and Work Day. The workweek for hourly employees shall be no greater
than forty (40) regularly scheduled hours. An employee wiII work the hours assigned by the
employee's supervIsor. Overtime work must be approved by a supervisor prior to being
perfonned.
Section 2. Overtime Work. An employee wiII receive overtime at the rate of time and one-half
for all hours paid after 40 hours in a workweek.
Section 3. Work Shifts. Employees may be assigned to work shifts with scheduled starting and
quitting times. For employees assigned to a regular work shift, should conditions necessitate a
change in starting and quitting times, the Employee will be notified ten (10) working days in
advance and pennitted to discuss such changes with the City. The Employee may request the
presence of histher Union Representative at the meeting with the City. This however, sha11 not
preclude the City's right to effect schedule changes dictated by opemtional necessity, nor shall
this provision apply to day-to-day changes needed to cover short-term unexpected absences.
This section does not apply to overtime scheduling.
Section 4. Lunch and Break Periods. Employees will be granted a minimum halfhour (112 hour)
unpaid meal break after five (5) hours of work, unless the entire shift is only six (6) hours, in
which case the employer and employee may agree to forgo the meal break. If dictated by the
operational needs of a department, and upon agreement by the City and the Union, employees
may take an "on duty" lunch period which shall be counted as time worked.
All employees in the bargaining unit wiII be granted a paid rest period limited to fifteen (15)
minutes during each full four (4) hours of work. Departments may make reasonable rules
concerning rest period scheduling.
Section 5. 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.
10
Section 6. Call-Out Pay. Employees not otherwise excluded from receiving overtime pay and
who are called out to perfonn 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.
ARTICLE VIII UNIFORMS
The City will provide uuifonns, coveralls or shop coats on a weekly basis, or as otherwise
furnished, for the jobs and/or classifications that the City requires such apparel.
Employees required to wear uuifonns shall be provided suitable change rooms and lockers where
presently provided. .
Employee clothing seriously damaged or destroyed in conjunction with an industrial injury will
be reasonably replaced by the City. A.ny other claims alleging City liability may be filed with the
City Attorney.
The City shall reimburse employees 75 percent of the cost of job-required safety shoes upon
verification of such purchase by the employee.
The City will provide rainy weather protection when and where appropriate.
The City and the tJnion will work through thc Labor Management process to further develop
guidelines for providing unifonns and reimbursements.
ARTICLE IX HOLIDAYS
Section 1. Fixed Holidays:
January I
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 Decemb~ 31
Employees who work a regular schedule shall receive holiday pay for the hours they would
otherwise be seheduled to work on a Fixed City Holiday provided the employee was in a pay
status or in authorized non-pay status on the Employee's last regularly scheduled working day
before and after the holiday.
11
All employees scheduled to work on a holiday will receive time and one half for all hours
worked on a holiday in addition to any regular holiday pay, if applicable.
ARTICLE X SICK LEAVE
The City shall provide each employee with paid sick leave, earned on the basis of 0.03 hours for
each hour paid. There will be no payout of sick leave upon the employee's termination. Sick
leave shall be allowed and used in cases of actual personal sickness or for the care of an
immediate family member, including a registered domestic partner, or disability, medical or
dental treatment, or as authorized for personal business (e.g. bereavement). A maximum of 15 .
hours per year of sick leave may be used to care for family members, including a registered
domestic partner. If an Hourly Unit member is hired into a permanent position in the General
Employee bargaining unit, he or she will retain his or her accumulated sick leave balanee.
ARTICLE XI -VOTING TIME
When the employee is unable to vote outside the employee's work hours, time off with pay to
vote in any general or direct primary election shall be granted as provided in the State of
California Eleetion Code, and notice than an employee desires such time off shall be given in
accordance with the provisions of said Code.
ARTICLE XII WORKERS COMPENSATION
Industrial Temporary Disability.
(a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the
first three (3) days fol1owing the date of injury and thereafter shall be paid based upon
hourly salary for a period not to exceed fifty-seven (57) calendar days, unless
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 hourly salary at the time of injury
for the duration of such temporary disability in conformance with the State law.
(c) In case of Subsection (a) above, the employee will continue to accrue sick leave benefits.
In the case of Subsection (b), sick leave benefits shall not be accrued.
ARTICLE XIII -BENEFIT PROGRAMS
Medical Insurance Plan. In lieu of providing a medical plan, effective the pay period including
July I, 2010 each employee shall receive two dollars seventy-seven cents ($2.77) per hour in
paid status as a medical stipend. Effective the pay period including July 1, 2011 this stipend will
increase by ten cents ($0.10) to two dollars eighty-seven cents ($2.87) per hour worked. This
stipend does not apply and will not be payable to employees who are California Public Employee
Retirement System annuitants already receiving medical benefits through that system.
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If the State of California or federal government adopt or mandate a plan that requires the City to
pay in whole or in part for medical services or coverage for employees in the bargaining unit, the
stipend provided in this paragraph shall be reduced or cease to the extent of required payments
toward the state or federal plan, as applicable. Before implementation the change the City shall
notii}r the Union of the amount of the offset and providc it an opportunity to meet to discuss the
cal(.,'Ulation of the amount. Such discussion shall occur within fifteen (15) working days after the
City gives notice to the Union. The City's calculation of the amount of the offset shall be based
on the aggregate number of hours worked in the bargaining unit during the fiscal year preceding
that in which the state or federal plan takes effect.
Thc City and SEn; will continue to investigate the feasibility of providing Employees with
access to medical insurance. Such information will be shared during negotiations for a successor
Memorandum of Agreement. .
ARTICLE XIV -RETIREMENT
Section 1. Part-time, Seasonal, Temporary (PST) Retirement Plan. Employees in the Hourly
Unit shall participate in the City of Palo Alto PST Retirement Plan. (See Appendix B.) The plan
was adopted by the City on June 25, 1994 as a retirement plan alternative for part-time, seasonal
and temporary employees to replace Social Security. All hourly employees are required to
contribute 7.5% of their salary into the PST Retirement Plan.
Section 2. California P.E.R.S. -PERS annuitants are excluded from participation in the P.S.T.
Retirement Plan. Employees in the Hourly Unit who have previously participated in and remain
members in the California Public Employee Retirement System ("PERS") shall participate in
P .E.R.S. to the extent required by law, in lieu of participation in the P .S.T. Retirement Plan.
Such participation shall be under the retirement formula in effect at the time the employee is
hired into the Hourly Bargaining Unit unless otherwise required by law.
ARTICLE XV PARKING
Employees are covered by the City's administrative policy for Hourly parking permits. The
policy is attached as Appendix C.
ARTICLE XVI PHYSICAL EXAMINATIONS
If an 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 at hislher own expense and, if his/her 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 the third examination will be
equally shared and the decision of this physician concerning the continuing ability of the
employee to perform his/her work in his/her regular job without exposing himselflherself to
further injury as a result of his/her condition shall be the basis for returning the employee to
his/her regular work.
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ARTICLE XVII -SAFETY
Section 1. Health and Safety Provisions. The City shall furnish and use safety devices and
safeguards and shall adopt use practices, means, methods, operatious 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 will cooperate with the City by encouraging all employees to perform their
work in a safe manner.
Section 3. Safety Committee. A Safety committee composed of Management and Union
Stewards will meet no less than ten 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.
Three (3) Hourly employees will participate in the ten-member Citywide Union/Management
safety committee with equal Union and Management membership that 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. The three (3) Hourly participants shall report such time on timecards, using Internal
Order 80005 or its successor in conjunction with a short-text entry describing the nature of the
time spent (e.g. "City-wide Union-Management Safety Committee").
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 used. Safety grievances shall be
submitted at Step III.
ARTICLE XVIII -GRIEVANCE PROCEDURE
Section 1. 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 andlor his or her representative is assured freedom
from restraint, interference, coercion, discrimination or reprisal. Release time for investigation
and processing a grievance or appeal of disciplinary action is designated in Article N of this
Memorandum of Agreement (MOA).
14
Section 2. Definition. A grievance is:
(a) 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 shaH be final, the interpretation or application of those
provisions not being subject to the grievance or appeal of disciplinary action procedure.
(b) An appeal from a disciplinary action of any kind against an employee covered by this
Memorandum of Agreement. Disciplinary action 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.
(a) An aggrieved employee may be represented' by the Union or may represent
himself!herself in preparing and presenting a grievance at any level of review.
Grievances may also be presented by a group of employees. No grievance 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 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. Requests for release time to prepare a grievance shaH be made in accordance
with the provisions of Article III, section 3. Beginning with the third step of the
grievance procedure, the Chief Steward or Alternate Chief Steward may assist in
presenting a grievance and may be present at all Step III, and IV grievance hearings.
(c) The time limits specified in this Article may be extended by mutual agreement in writing
ofthe aggrieved employee or the Union and the reviewer concerned.
(d) Should a decision not be rendered within a stipulated time limit, the aggrieved employee
may immediately appcal to the next step.
(e) The grievance may be considered settled if the decision of any step is not appealed within
the specified time limit.
(f) If appropriate, the aggrieved employee(s) or the Union and the Department Head may
mutually agree to waive Step I andlor Step II of the grievanee procedure.
(g) Grievances shall be made in writing and submitted on forms provided by the City or on
forms which are mutually agreeable to the City and Union. The written grievance shall
contain clear, factual and concise language including: (1) the name of the grievant, (2) a
statement of the facts upon which the grievance is based, including relevant dates, times
and places, (3) specific provisions of the Agreement or specifie City rules, policies, or
15
procedures which the party filing the grievance alleges has been violated; (4) a summary
of any steps taken toward resolution, and (5) the action the grievant believes will resolve
the grievance.
(h) Any retroactivity on monetary grievances shall be limited to the date of occurrence,
except in no case will retroactivity be granted prior to three months before the grievance
was filed in writing.
(i) 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 instanecs 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.
(j) For purposes of time limits, "working days" are considered to be Monday through Friday,
exclusive of City holidays.
(k) If a mutually agreed solution is roached during any step of this grievance procedure, the
agreement shall be placed in writing and signed by the City and the grievant or union.
(I) Upon request of either party, meetings to discuss the grievance shall be held at any step
in the grievance procedure.
Section 4. Grievance Procedure .
. Step I. Informal Discussion. Within fifteen (15) working days after the incident or discovery of
the incident on which the grievance is based the aggrieved employee shall present the grievance
action to his or her immediate supervisor and attempt to resolve the grievance through informal
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, the employee
will reduce the grievance to writing and submit copies to the Department head or his or her
designee within fifteen working days of the discussion with the immediate supervisor.
The Department Head or designee shall have fifteen working days from the receipt of a written
grievance to review the matter and prepare a written statement.
Step III If the grievance is not resolved andlor 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 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, the Department Head's decision at Step II, and a clear statement
of the reasons for appeal.
Within fifteen 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.
16
Step IV. If a grievance as defined under 2(a) above is not resolved at Step 111, the aggrieved
employee may choose between fmal and binding resolution of the grievance 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 N appeals must be filed in writing at the Human Resources
Department Office within fifteen working days of receipt of the Human Resource Director's
decision at Step 3.
If the gricvant 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 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 carmot agree on an arbitrator, they shall mutually
request a panel of five arbitrators from the California State Conciliation Service or from the
American Arbitration Assoeiation 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 "ithout power to make any decision contrary
to, or inconsistent with or modifYing in any way, the terms of this Memorandum Of Agreement,
grant wage increases or decreases, or to decide matters of interest.
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 carmot delegate or relinquish. Where either party
seeks arbitration and the other party claims the matter is not subject to the arbitration provisions
of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the
arbitrator using the standards and eriteria set forth in Article XX and without regard to the merits
of the grievanee 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.
A grievance as defined under Section 2(b) above (demotion, suspension, reduction in payor
termination) that remains unresolved after the conclusion of step III of the grievance procedure,
shall be reviewed by a City Hearing Officer. Appeals to a City Hearing Officer must be filed
17
with the Human Resources Director in writing within fifteen (15) working days of the receipt of
the Step III Grievance response. Within sixty (60) working days, the City Hearing Officer shall
review the matter, hold a hearing with the City and the affected worker, and prepare a written
recommendation to the City Manager.
The City Manager shall issue a final and binding decision within fifteen (15) working days after
receipt of the City Hearing Officer's recommendation. The City Manager may accept, reject or
modify the City Hearing Officer's recommendation. The City Manager's decision shall be final,
binding and not be subject to further appeal.
ARTICLE XIX -UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY
ACTION
Section 1. The City has the right to discipline, demote, or discharge employees for cause.
Section 2. 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 3. Preliminary Notice of Discipline. Prior to imposing disciplinary action involving a
disciplinary suspension, demotion, reduction in pay, or discharge of a non-probationary
employee, 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;
(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.
(f) Statement advising the employee ofhislher right to appeal from such action, and the right
to Union representation.
(g) The date and/or the procedure for responding to the notice.
18
Section 4. Skellv Meeting. The employee who receives a notice pursuant to section 3 above
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) 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 Officer shall render a final
. written decision (the "post-Skelly decision") within fifteen (15) 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 to the employee's last known address on file with the Human Resources
Department. 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.
ARTICLE XX -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 Memorandum of Agreement.
ARTICLE XXI -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.
ARTICLE XXII PROMOTIONAL/CONvERSION OPPORTUNITIES
The City and Union will meet on a quarterly basis to review the possibility of converting long
term ongoing temporary-hourly positions to regular status. A part of such a meeting may be a
discussion regarding promotional opportunities of Hourlies to Classified positions.
ARTICLE XXIII -PROVISIONS OF THE LAW
Section 1. 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. 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 upon
ratification by the Council of the City of Palo Alto and upon ratification by Union membership.
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ARTICLE XXIV -COST REDUCTION PROGRAMS
During the tenn 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 XXV -TERM
Except as expressly provided otherwise by this MOA for the July 1, 2010 pay period medical
stipend increase, this Memorandum of Agreement shall take effect on ratification and signing by
the parties, and shall expire on December 31, 2011. Either party may serve written notice upon
the other party during the period between ninety and sixty days prior to its expiration date, of its
desire to amend this Memorandum of Agreement. If, at the time this Memorandum of
Agreement would otherwise terminate, the parties are negotiating a new Memorandum of
Agreement, upon mutual agreement of the Union and the City Manager the tenns and conditions
of this Memorandum shall continue in effect.
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EXECUTED:
FOR LOCAL 521, SEIU:
Bunny Bernstein, Negotiator
Library Services
/l ~~J // ' Ifl, f //", /' fifi,~ It~~~
Nick Raisch, ChlefNegotiator
SEIU Loca1521 Worksite Organizer Director
FOR CITY OF PALO ALTO:
James Keene
City Manager
Russ Carlsen,
Human Resources Director
~~
Assistant Human Resources Director
, ~H;SCOtt,
Labor Relations Administrator
;7 '/
( '<Vl G Y ~_ ==:::::
DaVid Yuan, (
Sr. Administrator, Utilities
'efNegotiator
Appendix A
Job Classifications and Salary for Hourly Unit Personnel-Effective 7/1/10
Administrative Specialist I -H
Perfonns administrative work that requires advanced skills or knowledge in support of a
department/division or program.
Step 1
$20.52
Step 2
$21.72
Step 3
$22.98
Administrative Specialist II -H
Step 4
$24.30
Step 5
$25.72
Perfonns more complex administrative work that requires advance skills or knowledge in
specialized software programs and data analysis in specialized areas in support of a
department/division or program. Two years of experience equivalent to that of an
Administrative Specialist 1.
Step 1
$24.51
Step 2
$25.93
Assistant Park Ranger -H
Step 3
$27.43
Step 4
$29.02
Step S
$30.71
Positions requiring at least 2 years of experience and specialized skills or advanced
certificates for First Aid, CPR, and heavy equipment operation. Prior experience as an open
space technician or park aide is essential.
Step 1
S20.53
Step 2
$21.73
Building Serviceperson -H
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72
Under limited supervision, perfonns custodial duties and other related work as required to
maintain City buildings and facilities in a clean and orderly condition. Members of this
classification may be assigned to perfonn cither public works duties or park duties. Two
years of experience equivalent to that of a Custodial Assistant.
Step 1
$19.35
Step 2
$20.37
Clerical Assistant -H
Step 3
$21.44
Step 4
S22.57
StepS
$23.75
Under supervision, perfonns routine and repetitive computer inputting and clerical tasks,
and perfonns related work as required. May require cash handling.
Step 1
$16.62
Step 2
$17.59
Step 3
$18.62
Step 4
$19.69
Step 5
$20.83
Custodial Aide -H
Under close supervision, this entry-level position perfOims basic custodial duties as
required to maintain City buildings and facilities, perfonns room set-ups and take-downs,
and other related work.
Step I
$13.43
Step 2
$14.21
. Custodial Assistant -H
Step 3
S15.03
Step 4
$15.90
Step 5
$16.83
Under general supervision, perfonns custodial duties and other related work as required to
maintain City buildings and facilities in a clean and orderl y condition. Members of this
classification may be assigned to perfonn either public works duties or parks duties.
Step 1
$15.71
Step 2
$16.62
General Laborer -H
Step 3
$17.58
Step 4
$18.61
Step 5
$19.68
Perfonns general manual tasks. Perfonns various types of manual labor as needed.
Possesses knowledge of commonly-used concepts, practices, and procedures within a
particular field. Perfonns tasks in confonnance within pre-established instructions.
Works under general supervision. Uses very limited independent judgment similar to
that expected of an apprentice-helper level laborer, consistent with pre-established
instructions. May report to a lead worker, but typically reports to a supervisor.
Requires a high school diploma or its equivalent with I year of related experience.
Salary to be detennined .... an hourly rate above $50/hour must be approved by the
Director of Human Resources before the City extends an offer of employment.
House MaIDlger -H
Facility supervisor of special events, productions, concerts, rentals -etc. Involves high
public contact and customer service, including enforeement of rules and regulations.
May included set-up of events.
Step 1
$15.45
Inspector -H
Step 2
816.34
Step 3
817.29
Step 4
$18.29
Step 5
819.36
Provides inspections for capital and maintenance work, buildings and structures in any
stage of construction, alteration or repair. Insures compliance with standard construction
practices, approved plans and specifications, governing laws and City ordinances.
Prepares and maintains records of inspections, contractor's daily activities, verification of
materials and quantities used, notification to and contact with the residents in the project
area, violation notices, investigations and other related data and infonnation. Salary to be
detennined -minimum step 1 base of 826.87. An hourly rate above 8S0/hour must be
approved by the Director of Human Resources before the City extends an offer of
employment.
Instructor Aide -H
Under general supervision, performs administrative work in support of Instructors in areas
suCh as course preparation, classroom assistance and related activities. May reqnire lifting
up to 15 pounds.
Step 1
$9.31
Step 2
$9.85
Instructor I - H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Under general supervision, prepares classes, programs and camp curriculum, presents
classes and field trips and provides assignments to Instructor Aides and volunteers.
Requires previous teaching experience. Requires prior in-depth knowledge of the
diSCiplines to be taught. May require lifting up to 15 pounds.
Step I
$15.46
Step 2
$16.36
Instructor II -H
Step 3
$17.30
Step 4
$18.31
StepS
$19.37
Under limited supervision, prepares classes, programs and camp curriculum, presents
classes and field trips and provides assignments to Instructor Aides and volunteers.
Requires previous teaching experience. Requires prior in-depth knowledge of the
disciplines to be taught. Two years of experienee equivalent to that of an Instructor 1.
May require lifting up to 15 pounds.
Step I
$23.62
Step 2
$25.10
Journey-Level Laborer -H
Step 3
$26.44
Step 4
$27.97
Step 5
$29.60
Perfonns various tasks involving physical labor in or on buildings, construction sites,
demolition sites, streets, sidewalks, or on other construction projects. May operate hand
and power tools of all types (e.g. Air hammers, earth tampers, cement mixers, small
mechanical hoists, surveying and measuring equipment, and various other equipment and
instruments). May clean and prepare sites, dig trenches, set braces to support the sides of
excavations, erect scaffolding, clean up rubble and debris, and remove hazardous waste
materials; may assist other eraft workers. Uses independent judgment similar to that
expected of a journey-level laborer, within pre-established instructions similar to and
consistent with industry practices for journey-level laborers. Works under general
supervision. Typically reports to a lead worker or supervisor. Requires a high school
diploma or its equivalent with 1-3 years of related experience. Salary to be determined -
an hourly rate above $50/hour must be approved by the Director of Human Resources
before the City extends an offer of employment.
Librarian -H
Under supervision, assists customers with reference inquiries, provides instruction in the
use oflibrary resources and equipment.
Step I
$24.95
Step 2
$26.39
Library Clerk -H
Step 3
$27.93
Step 4
$29.54
Step 5
$31.26
Under close supervision, performs technical and clerical tasks; assists customers with their
accounts; shelves materials.
Step I
$18.57
Step 2
$19.65
Library Page -H
Step 3
$20.79
Step 4
$22.00
Step 5
$23.27
Under close supervision, shelves materials; performs routine clerical and support tasks.
Step I
$11.38
Step 2
$12.04
Maintenance Assistant -H
Step 3
$12.74
Step 4
$13.48
Step 5
$14.26
Under general supervision, responsible for skilled and semiskilled tasks in one or more of
the following areas:
Landscape and turf maintenance of parks and golf courses, including tree
maintenance and turf renovation
City building and facilities
City streets, sewers, and storm drains
City vehicles and equipment
Performs related tasks as required. Requires experience with power equipment and a
valid California driver's license. May require drug testing.
Step I
$14.94
Step 2
$15.82
Open Space Technician -H
Step 3
$16.73
Step 4
$17.70
Step 5
$18.72
Under general supervision performs work assignments in Parks and Open Space areas
that assist in the protection, preservation and maintenance of Palo Alto open space lands.
Entry-level positions that require familiarity with power tools such as weed whips and
chain saws.
Step I
$14.94
Step 2
$15.82
Step 3
$16.73
Step 4
$17.70
Step 5
$18.72
Print Shop Assistant -H
Under supervision, provides assistance in the Print Shop in duplication, finishing work,
mail distribution and other support function duties, often under tight deadlines.
Step 1
$18.57
Step 2
$19.65
Project Specialist -H
Step 3
$20.79
Step 4
$22.00
Step 5
$23.27
Support for and administrative tasks related to City programs and projects on an ongoing
basis, requiring technical and administrative skills such as scheduling, research and report
writing, project development and design, ongoing project implementation and
administration, and budget tracking and conformance.
Step I
$20.53
Step 2
$21.73
Recreation Aide -H
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72
Provides general clerical and U1iskilled labor/support of recreational programs.
Step 1
$9.31
Step 2
$9.85
Recreation Leader I -H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Entry level positions that do not require previous experience including:
Teen leaders
Gymnastics Instructors
Sports Camp Assistants
Special Event Assistants
Summer Camp Counselors
Coaches
Step 1
$9.31
Step 2
$9.85
Recreation Leader II -H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Positions require at least one season of experience and certifications in a related field
including:
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Assistant Pool Manager
Senior Swim InstructorlLifeguard (Lifeguard Training, First Aid and CPR)
Summer Camp Assistants
Coaches
Step 1
$12.60
Step 2
$13.33
Step 3
$14.10
Step 4
$14.92
Step 5
$15.78
Recreation Leader III - H
Positions require at least 2 years of experience and specialized skills or advanced
certifications in a related field including:
Summer Camp Leaders
Teen Outreach Leaders
Coaches
Substitute Teachers
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Pool Manager
Gymnastic/Dance Instructors (Recreation Leader II requirements and Safety
Certification and one of the following certifications: Professional Development
Program II, Kinder Accreditation for Teachers or Movement Education and Learning
Development. )
Step 1
$15.67
Step 2
$16.57
Staff Specialist -H
Step 3
$17.54
Step 4
$18.55
Step 5
$19.63
Under limited supervision, performs professional work requiring specialized knowledge
or training in a specific field in support of a City program or organizational unit. The
work performed is generally varied in character and similar to or equally complex to that
of a career position, but is not managerial. Salary to be determined -an hourly rate
above $50lhour must be approved by the Director of Human Resources before the City
extends an offer of employment.
Stock Clerk - H
Under supervision, performs a variety of inventory maintenance functions including
receiving, storing, and delivering supplies. Includes maintaining and reviewing
computerized inventory records; performs other related work as required.
Step 1
$14.86
Step 2
$15.72
Step 3 ..
$16.64
Swim InstructorlLifeguard - H
Step 4
$17.59
Step 5
$18.62
Monitors pool activities to enforce regulations and prevent accidents, rescue swimmers in
distress, conducts swimming lessons in accordance with American Red Cross or other
national recognized aquatics programs and performs other related duties as required.
Certificates in Lifeguard Training, First Aid and CPR required.
Step 1
$10.62
Step 2
$11.23
Step 3
$11.89
Step 4
$12.58
Step 5
$13.30
Technical Specialist - H
Under general supervision, responsible for work that requires technical skills associated
with one or more of the following areas: drafting/CAD, electronics, computer systems,
engineering, environmental science, or planning.
Step 1
816.62
Step 2
$17.59
Step 3
$18.61
Theatre/Arts Professional I - H
Step 4
$19.69
Step 5
820.83
Under general supervision, performs highly skilled jobs in support of performing and
visual arts. Examples would include exhibit design and installation, graphic design,
theater scene, costume & lighting design and direction, studio supervision, etc.
Step 1
$19.40
Step 2
$20.53
Step 3
821.72
Theatre/Arts Professional II - H
Step 4
$22.98
Step 5
$24.31
Under limited supervision, performs highiy specialized jobs in support of performing and
visual arts. Examples would include exhibit design and installation, graphic design,
thcater scene, costume & lighting design and direction, studio supervision, etc. Two
years of experience equivalent to that of a Theatrc! Arts Professional 1.
Step ]
$23.62
Step 2
$24.99
Step 3
$26.44
Theatre/Arts Technician - H
Step 4
$27.97
Step 5
$29.60
tinder supervision, performs paraprofessional and skilled support to a specific
performing or visual arts program area such as lighting, props, building, painting,
stitching -etc.
Step 1
$13.78
Step 2
$14.58
Theatre! Arts Aide « H
Step 3
$15.42
Step 4
$16.31
Step 5
$17.26
Under general supervision, performs general unskilled and some semiskilled tasks in
support of theater, arts and museum programs.
Step I
$9.09
Step 2
$9.62
Zoological Assistant « H
Step 3
$10.17
Step 4
$10.77
Step 5
811.39
Under supervision, performs assignments that assist in the maintenance, control, and
shelter of animals in the zoo and other City facilities.
Step I
$20.53
Step 2
$21.73
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72
AppendixB
Public Agency Retirement System ("PAR.S.") Plan
City of Palo Alto PST (Part-time. Seasonal and Temporary) Employees Retirement Plan
As of the effective date of this contract, the City contracts with the Public Agency Retirement
Services Alternate Retirement System (PARS ARS) to provide an alternative plan to Social
Security for members of this Unit. The main components of the plan include:
• Enrollment in the PARS 457 retirement plan is automatic for eligible employees
(excludes employees previously enrolled in CaIPERS).
• All contributions are pre-tax and invested
• Employees receive an annual statement of gains and losses
• Employees may become eligible to receive their account balance when one of the
following events occur:
o Termination of employment
o Retirement
o Permanent or total disability
o Death
o Changed employment status to a position covered by another retirement system
• An employee may elect either:
o a one-time lump sum cash payment, which may be subject to federal and/or state
income tax withholding, OR
o A direct rollover without tax withholding to a traditional IRA or an eligible plan
that accepts rollovers [e.g. 403(b), 457(b), 401(k)]
A copy of the Plan Document is on file in Human Resources and may be reviewed upon
advanced request. For questions or additional infonnation, contact PARS at 800-540-6369.
AppendixC
Parking Penni ts
• Pennits will be issued for University Avenue parking strU(.,'tures only.
• Hourly employee must work at least 2.5 hours per day for a consistent period of time
(this assumes the need to walk back and forth to a garage). If the employee works less
than 2.5 hours, they can park, without penalty, in downtown garages given the current 3
hour parking limit.
• Hourly employee must obtain a signed letter from Department Head verifying their
"consistent" and greater than 2.5 hour schedule for a parking pennit and submit with
request for pennit.
• Pennit to be issued and tracked by Revenue Collections.
• Parking pennlt is not transferable.
• Pennit must be returned to City upon change to a less than a 2.5 hour, consistent schedule
or tennination.
ATTACHMENT B
. **NOT YET APPROVED**
Resolution No .. -:-__ -:-
Resolution of the Council of the City of Palo Alto Adopting a
Compensation Plan for Represented Hourly Employees
(SEIU Hourly Unit) and Rescinding Resolution 8758
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Pursuant to the provisions of Section 12 of Article III of the Charter of
the City of Palo Alto, the SEIU Hourly Employee Compensation Plan, as set forth in· Exhibit "A"
attached hereto and .made a part hereof by reference, is hereby adopted for Represented Hourly
Employees (SEIU Hourly Unit) effective October ---' 2010 through December 31, 2011.
SECTION 2. The Compensation PIau adopted herein shall be administered by the
City Manager in accordance with the Merit System Rules and Regulations .
. SECTION 3. The Compensation Plan shall continue in effect until amended or
revoked by the Council.
SECTION 4. The Director of Administrative Services hereby is authorized to
implement the Compensation PIau adopted herein in his preparation of forthcoming payrolls. He
is further authorized to make chauges in the titles of employee classifications identified in the
Table of Authorized Personnel contaloed in the 2010-2011 budget, if such titles have been
chauged in the Compensation Plan.
SECTION 5. Resolution No. 8758 is hereby rescinded.
II
II
II
II
II
II
II
II
II
II
101001 'h 8261450 1
**NOT YET APPROVED**
SECTION 6. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
Clerk
APPROVED AS TO FORM:
Senior Deputy City Attorney
101007 sh 8261450
Mayor
APPROVED:
City Manoger
Director of A drninistrative
Services
Director of Human Resources
2
CITY OF PALO ALTO
COMPENSATION PLAN
SEIU HOURLY UNIT EMPLOYEES
EFFECTIVE: October 25,2010
Through
December 31, 2011
1
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
SEIU Hourly Unit Personnel
SECTION I. SALARY
A. Salary Range Tables
Personnel covered by this plan shall receive compensation within the salary ranges
set forth in the Salary Range Tables that follow in Appendix A.
B. Establishment of Salary
The City Manager is authorized to make appointments to or advancements with the
prescribed ranges upon evaluation of employee qualification and performance.
Hourly employees are to be given a performance review after 416 hours, or six
months, whichever occurs first, from date of hire and annually thereafter.
Improvement, efficient and effective service will warrant a salary step increase.
Subsequent salary reviews are based on performance appraisals and will depend
upon demonstrated satisfactory job performance. If an employee's performance
evaluation is delayed past the employee's review date and the reviewing manager
determines that the employee's demonstrated job performance warrants the step
increase, the increase shall take effect retroactive to the employee's scheduled
review date.
SECTION II. BENEFITS
A. Medical Insurance Plan
In lieu of providing a medical plan, effective July 1, 2006, each employee shall
receive two dollars seventy-two cents ($2.72) per hour in paid status as a medical
stipend. Effective July 1, 2010 this stipend will increase by five cents ($0.05) to two
dollars seventy-seven cents ($2.77) per hour. Effective July 1, 2011 this stipend
shall increase by an additional ten cents ($0.1 0) per hourto two dollars eighty-seven
cents ($2.87) per hour worked.
If the State of Califomia or federal govemment adopt or mandate a plan that
requires the City to pay in whole or in part for medical services or coverage for
employees in the bargaining unit, the stipend provided in this paragraph shall be
reduced or cease to the extent of required payments toward the state or federal
2
plan, as applicable. Before implementation of the change the City shall notify the
Union of the amount of the offset and provide it an opportunity to meet to discuss
the_calculation of the amount. Such discussion shall occur within fifteen (15)
working days after the City gives notice to the Union. The City's calculation of the
amount of the offset shall be based on the aggregate number of hours worked in the
bargaining unit during the fiscal year preceding that in which the state or federal
plan takes effect.
B. Sick Leave
Effective July 1, 2005, the City shall provide each employee with paid sick leave,
earned on the basis of 0.03 hours for each hour paid. There will be no payout of
sick leave upon the employee's termination. A maximum of 15 hours per year of
sick leave may be used to care for family members, including a registered domestic
partner.
C. Retirement
Employees in the Hourly Unit shall participate in the City of Palo Alto PST (Part
time, Seasonal and Temporary Employees) Retirement Plan. The plan was
adopted by the City on June 25, 1994 as a retirement plan altemative for its part
time, seasonal and temporary employees to replace Social Security. All hourly
employees are required to contribute 7.5% of their salary into the PST Retirement
Plan.
D. Industrial Temporary Disability
1. 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 based upon hourly salary for a period not to exceed fifty-seven
(57) calendar days, unless hospitalized, in which case employees shall be
paid full base salary for a period not to exceed sixty (60) days from date of
injury.
2. 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 hourly salary at
the time of injury forthe duration of such temporary disability in conformance
with the State law.
3. In case of Subsection (1) above, the employee will continue to accrue sick
leave benefits. In the case of Subsection (2), sick leave benefits shall not be
accrued.
3
SECTION III. SPECIAL COMPENSATION
Personnel covered by this compensation plan, in addition to the salary set forth in Section I
and Benefits in Section II above, may receive special compensation as follows. Eligibility
shall be in conformance with the Merit Rules and Regulations and Administrative Directives
issued by the City Manager for the purposes of clarification and interpretation.
A. Overtime
An employee will receive overtime at the rate of time and one-half for all hours paid
after 40 hours in a workweek.
B. Working Out of Classification
The term "working out of classification" is defined as a Management authorized
assignment to a budgeted Hourly or Classified 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:
Employees appointed to "working out of classification" basis will receive acting pay
within the range of the higher classification beginning on the sixth consecutive work
day of the assignment.
Pay for work out of class will be determined by the salary step of the higher
classification which the employee would be compensated if permanently appointed
to that classification.
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.
C. Call-Out Pay
Employees not otherwise excluded from receiving overtime pay and 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.
D. Uniforms
The City will provide uniforms, coveralls or shop coats on a weekly basis, or as
otherwise furnished, for the jobs and/or classifications that the City requires such
apparel.
4
The City shall reimburse employees 75 percent of the cost of job required safety
shoes upon verification of such purchase by the employee.
The City will provide rainy weather protection when and where appropriate.
E. Parking
Employees are covered by the City's administrative policy for Hourly Parking
permits.
5
Appendix A
Job Classifications and Salary for Hourly Unit Personnel-Effective 7/1110
Administrative Specialist I - H
Performs administrative work that requires advanced skills or knowledge in support of a
department/division or program.
Step 1
$20.52
Step 2
$21.72
Step 3
$22.98
Administrative Specialist 11-H
Step 4
$24.30
Step 5
$25.72
Perfurms more complex administrative work that requires advance skills or knowledge in
specialized software programs and data analysis in specialized areas in support of a
department/division or program. Two years of experience equivalent to that of an
Administrative Specialist I.
Step 1
$24.51
Step 2
$25.93
Assistant Park Ranger - H
Step 3
$27.43
Step 4
$29.02
Step 5
$30.71
Positions requiring at least 2 years of experience and specialized skills or advanced
certificates for First Aid, CPR, and heavy equipment operation. Prior experience as an open
space technician or park aide is essential.
Step 1
$20.53
Step 2
$21.73
Building Serviceperson H
Step 3
$22.99
Step 4
$24.31
StepS
$25.72
Under limited supervision, performs eustodial duties and other related work as required to
maintain City buildings and facilities in a clean and orderly condition. Members of this
classification may be assigned to perform cither public works duties or park duties. Two
years of experience equivalent to that of a Custodial Assistant
Step 1
$19.35
Step 2
$20.37
Clerical Assistant - H
Step 3
$21.44
Step 4
$22.57
Step 5
$23.75
Under supervision, performs routine and repetitive computer inputting and clerical tasks,
and performs related work as required. May require cash handling.
Step 1
$16.62
Step 2
$17.59
Step 3
$18.62
SIep4
$19.69
Step 5
$20.83
Custodial Aide - H
Under close supervision, this entry-level position perfonns basic custodial duties as
required to maintain City buildings and facilities, perfonns room set-ups and take-downs,
and other related work.
Step I
$13.43
Step 2
$14.21
Custodial Assistant - H
Step 3
$15.03
Step 4
$15.90
Step 5
$16.83
Under general supervision, perfonns custodial duties and other related work as required to
maintain City buildings and facilities in a clean and orderly condition. Members of this
classification may be assigned to perfonn either public works duties or parks duties.
Step I
$15.71
Step 2
$16.62
General Laborer -H
Step 3
$17.58
Step 4
$18.61
Step 5
$19.68
Perfonns general manual tasks. Perfonns various types of manual labor as needed.
Possesses knowledge of commonly-used concepts, practices, and procedures within a
particular field. Perfonns tasks in confonnance within pre-established instructions.
Works under general supervision. Uses very limited independent judgment similar to
that expected of an apprentice-helper level laborer, consistent with pre-established
instructions. May report to a lead worker, but typically reports to a supervisor.
Requires a high school diploma or its equivalent with I year of related experience.
Salary to be detennined -an hourly rate above $501hour must be approved by the
Director of Human Resources before the City extends an offer of employment.
House Manager -H
Facility supervisor of special events, productions, concerts, rentals -etc. Involves high
public contact and customer service, including enforcement of rules and regulations.
May included set-up of events.
. Step I
$15.45
Inspector -H
Step 2
$16.34
Step 3
$17.29
Step 4
$18.29
Step 5
$19.36
Provides inspections for capital and maintenance work, buildings and structures in any
stage of construction, alteration or repair. Insures compliance with standard construction
practices, approved plans and specifications, governing laws and City ordinances.
Prepares and maintains records of inspections, contractor's daily activities, verification of
materials and quantities used, notification to and contact with the residents in the project
area, violation notices, investigations and other related data and infonnation. Salary to be
detennined -minimum step I base of $26.87. An hourly rate above $50lhour must be
approved by the Director of Human Resources before the City extends an offer of
employment.
Instructor Aide -H
Under general supervision, performs administrative work in support of Instructors in areas
such as course preparation, classroom assistance and related activities. May require lifting
up to 15 pounds.
Step I
$9.31
Step 2
$9.85
Instructor I -H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Under general supervision, prepares classes, programs and camp curriculum, presents
classes and field trips and provides assignments to Instructor Aides and volunteers.
Requires previous teaching experience. Requires prior in-depth knowledge of the
disciplines to be taught. May require lifting up to 15 pounds.
Step I
$15.46
Step 2
$16.36
Instructor II -H
Step 3
$17.30
Step 4
$18.31
Step 5
$19.37
Under limited supervision, prepares classes, programs and camp curriculum, presents
classes and field trips and provides assignments to Instructor Aides and volunteers.
Requires previous teaching experience. Requires prior in-depth knowledge of the
disciplines to be taught. Two years of experience equivalent to that of an Instructor 1.
May require lifting up to 15 pounds.
Step I
$23.62
Step 2
$25.10
Journey-Level Laborer -H
Step 3
$26.44
Step 4
$27.97
Step 5
$29.60
Performs various tasks involving physical labor in or on buildings, construction sites,
demolition sites, streets, sidewalks, or on other construction projects. May operate hand
and power tools of all types (e.g. Air hammers, earth tampers, cement mixers, small
mechanical hoists, surveying and measuring equipment, and various other equipment and
instruments). May clean and prepare sites, dig trenches, set braces to support the sides of
excavations, erect scaffolding, clean up rubble and debris, and remove hazardous waste
materials; may assist other craft workers. Uses independent judgment similar to that
expected of a journey-level laborer, within pre-established instructions similar to and
consistent with industry practices for joumey-Ievellaborers. Works under general
supervision. Typically reports to a lead worker or supervisor. Requires a high school
diploma or its equivalent with 1-3 years of related experience. Salary to be determined
an hourly rate above $50/hour must be approved by the Director of Human Resources
before the City extends an offer of employment.
Librarian -H
Under supervision, assists customers with reference inquiries, provides instruction in the
use of library resources and equipment.
Step 1
$24.95
Step 2
$26.39
Library Clerk -H
Step 3
$27.93
Step 4
$29.54
Step 5
$31.26
Under close supervision, performs technical and clerical tasks; assists customers with their
accounts; shelves materials.
Step 1
$18.57
Step 2
$19.65
Library Page -H
Step 3
$20.79
Step 4
$22.00
Step 5
$23.27
Under close supervision, shelves materials; peiforms routine clerical and support tasks.
Step 1
$11.38
Step 2
$12.04
Maintenance Assistant -H
Step 3
$12.74
Step 4
$13.48
Step 5
$14.26
Under general supervision, responsible for skilled and semiski1led tasks in one or more of
the following areas:
Landscape and turf maintenance of parks and golf courses, including tree
maintenance and turf renovation
City building and facilities
City streets, sewers, and storm drains
City vehicles and equipment
Performs related tasks as required. Requires experience with power equipment and a
valid California driver's license. May require drug testing.
Step 1
$14.94
Step 2
$15.82
Open Space Technician -H
Step 3
$16;73
Step 4
$17.70
Step 5
$18.72
Under general supervision performs work assigoments in Parks and Open Space areas
that assist in the protection, preservation and maintenance of Palo Alto open space lands.
Entry-level positions that require familiarity with power tools such as weed whips and
chain saws.
Step 1
$14.94
Step 2
. $15.82
Step 3
$16.73
Step 4
$17.70
Step 5
$18.72
Print Shop Assistant -H
Under supervision, provides assistance in the Print Shop in duplication, finishing work,
mail distribution and other support function duties, often under tight deadlines.
Step I
$18.57
Step 2
$19.65
Project Specialist -H
Step 3
$20.79
Step 4
$22.00
Step 5
$23.27
Support for and administrative tasks related to City programs and projects on an ongoing
basis, requiring technical and administrative skills such as scheduling, research and report
writing, project development and design, ongoing project implementation and
administration, and budget tracking and confonnance.
Step I
$20.53
Step 2
$21.73
Recreation Aide -H
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72
Provides general clerical and unskilled labor/support of recreational programs.
Step I
$9.31
Step 2
$9.85
Recreation Leader I -H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Entry level positions that do not require previous experience including:
Teen leaders
Gymnastics Instructors
Sports Camp Assistants
Special Event Assistants
Summer Camp Counselors
Coaches
Step I
$9.31
Step 2
$9.85
Recreation Leader II -H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Positions require at least one season of experience and certifications in a related field
including:
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Assistant Pool Manager
Senior Swim Instructor/Lifeguard (Lifeguard Training, First Aid and CPR)
Summer Camp Assistants
Coaches
Step I
$12.60
Step 2
$13.33
Step 3
$14.10
Step 4
$14.92
Step 5
$15.78
Recreation Leader III -H
Positions require at least 2 years of experience and speeialized skills or advanced
certifications in a related field including:
Summer Camp Leaders
Teen Outreach Leaders
Coaches
S ubsti tute Teachers
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Pool Manager
Gymnastic/Dance Instructors (Recreation Leader II requirements and Safety
Certification and one of the following certifications: Professional Development
Program II, Kinder Accreditation fur Teachers or Movement Education and Learning
Development.)
Step 1
$15.67
Step 2
$16.57
Staff Specialist":' H
Step 3
$17.54
Step 4
$18.55
Step 5
$19.63
Under limited supervision, performs professional work requiring specialized knowledge
or training in a specific field in support of a City program or organizational unit. The
work performed is generally varied in character and similar to or equally complex to that
of a career position, but is not managerial. Salary to be determined -an hourly rate
above $50/hour must be approved by the Director of Human Resources before the City
extends an offer of employment.
Stock Clerk -H
Under supervision, performs a variety of inventory maintenance functions including
receiving, storing, and delivering supplies. Includes maintaining and reviewing
computerized inventory records; performs other related work as required.
Step 1
$14.86
Step 2
$15.72
Step 3
$16.64
Swim Instructor/Lifeguard -H
Step 4
$17.59
Step 5
$18.62
Monitors pool activities to enforce regulations and prevent aecidents, rescue swinuners in
distress, conducts swirrnning lessons in accordance with American Red Cross or other
national recognized aquatics programs and performs other related duties as required.
Certificates in Lifeguard Training, First Aid and CPR required.
Step 1
$10,62
Step 2
$11.23
Step 3
$11.89
Step 4
$12.58
Step 5
$13.30
Technical Specialist - H
Under general supervision, responsible for work that requires technical skills associated
with one or more of the following areas: drafting/CAD, electronics, computer systems,
engineering, environmental science, or planning.
Step 1
S16.62
Step 2
$17.59
Step 3
$18.61
Theatre/Arts Professional I - H
Step 4
$19.69
StepS
$20.83
Under general supervision, perfurms highly skilled jobs in support of performing and
visual arts. Examples would include exhibit design and installation, graphic design,
theater scene, costume & lighting design and direction, studio supervision, etc.
Step 1
S 19.40
Step 2
$20.53
Step 3
S21.72
Theatre/Arts Professional II - H
Step 4
S22.98
Step 5
$24.31
Under limited supervision, performs highly specialized jobs in support of performing and
visual arts. Examples would include exhibit design and installation, graphic design,
theater scene, costume & lighting design and direction, studio supervision, etc. Two
years of experience equivalent to that of a Theatre! Arts Professional 1.
Step 1
$23.62
Step 2
$24.99
Step 3
$26.44
Theatre!Arts Technician - H
Step 4
$27.97
Step S
$29.60
Under supervision, performs paraprofessional and skilled support to a specific
performing or visual arts program area such as lighting, props, building, painting,
stitching -etc.
Step 1
$13.78
Step 2
$14.58
Theatre/ Arts Aide - H
Step 3
$15.42
Step 4
$16.31
Step S
$17.26
Under general supervision, performs general unskilled and some semiskilled tasks in
support of theater, arts and museum programs.
Step 1
$9.09
step 2
$9.62
Zoological Assistant - H
Step 3
$10.17
Step 4
$10.77
StepS
$11.39
Under supervision, performs assignments that assist in the maintenance, control, and
shelter of animals in the zoo and other City facilities.
Step 1
$20.53
Step 2
$21.73
Step 3
$22.99
Step 4
S24.31
Step 5
825.72
ATTACHMENT C
City of Palo Alto And SEm Hourly Unit
Tentative Agreement 8/25/10
MEMORANDUM OF AGREEMENT
City of Palo Alto and Local ~521, SEIU
PREAMBLE
This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter referred to
as the City) and Local m521 Service Employees International Union (hereinafter referred to as
the Union). Employee, for the purposes of this Memorandum of Agreement, shall mean an
employee assigned to a classification within the SEm Hourly unit. This Memorandum of
Agreement is pursuant and subject to Sections 3500 et, seq. 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 I. Pursuant to Sections 3500 et. seq. of the Govemment 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 hourly employees
who are regularly scheduled and who work an average of eight (8) hours per week over eleven
(11) pay periods for a minimum of four hundred sixteen (416) hours per fiscal year. This does
include PERS exempt employees. 1bis does not include on call employees without regular
schedules and who are hired to work occasionally for special projects. This does not include
employees employed primarily to work seasonal or recreational programs and who may work
intermittently outside their recreational season.
This unit shall for purposes of identification be titled the SEm Hourly unit, and includes
employees in the classifications listed in Appendix A attached.
The City shall notifY the Union in writing of the development of a new hourly classification and
upon request will meet and confer regarding inclusion of the classification in the SEm hourly
unit.
The parties agree that hourly employees are considered to be in the bargaining unit while that
ernployee is employed by the City of Palo Alto if:
(a) The employee is hired to work in a covered classification with the expectation of working
an average of eight (8) hours per week over eleven (11) pay periods for a miniroum of
four hundred and sixteen (416) hours in a fiscal year
Or
(b) The employee actually works in a covered classification for an average of eight (8) hours
per week over eleven (11) pay periods for a minimum of four hundred and sixteen (416)
hours in any fiscal year beginning fiscal year 2003/2004.
I
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 812511 0
ARTICLJi II NO mSCR1MlJ>/,ATION
Section42 -No 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.
The City and the Union agree to protect the rights of all employees to exercise their free ehoice
to join the Union and to abide by the express provisions of applicable State and local laws.
ARTICLE 111-UNION SECURI1Y
Section I. Notice. When a person is hired in a job covered in Article I, 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. New
employees shall be required to attend orientation. The Director of Human Resources may make
an exception if extraordinary circumstances interfere with the employee's ability to attend. If the
Director grants an exception, the employee and Union shall be granted a maximum of fifteen
(15) minutes at the employee's report location for union orientation.
Section 2. Agency Shop.
i&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 accordanee with applicable law, in an at!!&IilYfOAnt
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 helshe is a member of a
recognized religion, body or sect whieh 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 certified
letter, return receipt requested, to the Director of Human Resources and the Union. In
2
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 812511 0
order to be effective, the notice must be filed during the 30-day period between 60 and 90
days prior to expiration of the Memorandum of Agreement.
(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 helshc is a member of a bona fide religious body or sect that has historically
held conscientious objection to joining or financially supporting 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, serviee
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.
(f) Agency shop may be rescinded only in accordance with the provision of state law.
(g) Indemnification, Defense and Hold Harmless: Union agrees to-indenmify 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 A.rrangement.
(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.
The parties agrec to work out administrativc procedures when an employee is in non-pay
status. Dues will not be deducted when circumstances result in a negative paycheck.
Section 3. Documentation. The City shall supply the Union with the information described
under subsections (a) and (b) of this Section:
(a) A monthly' print out of the names, membership status, addresses and classifications of all
bargaining unit employees 6)[seflt these ""he Ele writtefl Batiee '?lith the Hl!!J'laH
3
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25110
Resoorees D6f!!Htmeet ebjeetiflg ts release sf addresses, if! waiGh ease iHfa~sll 'llill
se wanslHitted 'iI'itRsut adWoess; The Union will use this contact infonnation only for
illlll!Ql!~sJelevant and necessary to fulfilling its obligation to represent unit
employees.and
(b) A list of bargaining unit new hires, terminations and retiremcnts which occurred during
the prcvious month.
W-The Union shall supply the City, and as applicable, the employees, withfthe
DQocmnentation required by Govermnent Code Section 3502.5 (f).
Section 4. Payroll Deduction. The City shall deduct Union membership dues, service ft<es,
charity fees, and any other mutually agreed upon payroll deduction, which may includc
voluntary COPE checkoff, from the bi-weekly pay of bargaining unit employees. The dues/fees
deduction must be authorized in writing by the employee on an authorization fonn acceptable to
the City and the Union, except as provided in Section 2( e) and Section 2(h) above. City shall
remit the deducted dues or fees to the Union as soon as possible afrer 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 the existing Union-paid
. telephone answeting 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 Hmnan Resource Director
at distribution; 2) emails to the SEn; 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 per year 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 Hmnan
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 US(;l 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.
.s.;;:ction 8. Notification to the Union. The Union shall be infonned in advance in writing by
Management before any proposed changes not covered by this Memorandum of Agreement are
4
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25/10
made in benefits, working conditions, or other terms and conditions of employment which
require meet and confer or meet and consult process.
Section 9. Union Logo. All materials and documents produced on ltek 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. City Council Materials. 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 bours.
Section 11. Temporary Agencv Reporting. 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. Job postings for classifications positions covered by this Agreement
shall include a statement that the position is covered by this Collective Bargaining Agreement
and that union dues or agency fees may be required.
Section 13. Contracting Out. The City through the labor management process will keep 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 1l;nit 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. ¥ihen 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 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 by each vendor.
5
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8!25110
ARTICLE ill¥. STEWARDS
Seetion I. Designation. The Union agrees to notify the Director of Human Resources of those
individuals designated as Union officers and Stewards who reeeive and investigate grievances
and represent employees before Management. Altemates may be designated to perform Steward
functions during the absences or unavailability ofthe Steward.
Section 2. Release Time.' It is agreed that, as long as there is prior notice to the Supervisor with
no disruption of work, one (I) Steward shall be allowed reasonable release time away from their
work duties, without loss of pay, to act in representing 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
gnevance.
(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 eards using Internal Order 80005 or its
successor and:;\ short-text notation deseribing the nature of the release time (e.g. "Steward
release time", "bargaining release time", "Labor-Marrngement Committee release time", etc.).
Section 3. Advance Notification and Approval. The Union agrees that the Steward shall give
advance notification to hislher supervisor and receive permission before leaving the work
location, except in those cases involving emergencies where advance notice cannot be given.
Management permission to leave the worksite under this section shall not be unreasonably
denied.
Section 4. Timecard Reporting. One Union Steward per affected Department, who. is a City
employee, 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 7 using Internal Order 80005 or its successor and a short-text
notation describing the nature of the release time (e.g. "St~ard release time", "bargaining
release time", "Labor-Manageme.nt Committee release time", etc.).
Section 5. Storage of Union materials. 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 6. LaborlManagement Meetings. Two Hourly Unit employees from different divisions
shall be allowed a reasonable amount of release time off to participate, 'Nith the Classiiied (ffiit,
in monthly Labor! Management Meetings. Such meetings may be included with the Classified
6
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25/1 0
Unit's Labor/Management meetings if appropriate .. S.uch time shall be reported using Internal
Order 80005 or its successor and a short-text notation describing the nature of the release time
(e.g. "Labor-Management Committee release time", etc.).
ARTICLE IV. REDUCTION IN FORCE
For the purposes of this Section, length of service shall be defined as all straight time hours
worked by that employee for the City of Palo Alto.
Section 1. In the event of reductions in force, reductions shall be accomplished whenever
possible through attrition.
Section 2. Notice. \Vhen 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 affeeted and the circumstances requiring the layoffs, The City will furnish the
Union with a current representation unit seniority list with notice oflayoff.
Section 3. Seniority and Service Ties. 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.
Employees laid off due to the above reasons will be given written notice at least thirty (30) 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 hourly positions which are requisitioned and for
which the employees are qualified for a period beginning with notification and ending sixty 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 at termination within 72 hours of the date of termination. This does not
include any amounts payable under Article V, Section 6, or PERS contribution refunds, if any.
Section 4. Bumping Rights. Employees identified for layoff who have seniority (bumping)
rights to their current or previously held classification within the representation unit must declare
their intention to exercise these rights within seven (7tworking days_after written notification of
layoff, otherwise bumping rights will automatically terminate. Bumping may occur within the
representation unit, only to the least senior ineumbent of the current or a previously held
classificatiOl1. To successfully bump, the employee must be fully qualified, trained, and capable
of performing all work in the position bumped. An employee who declares bumping rights may
7
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25110
not also claim priority re-employment rights. For purposes of this section of the Agreement, the
term "working days" shall mean Mondays through Fridays, exclusive of holidays.
Section 5. Re-Emplovrnent List. The names of persons 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 person with the highest seniority on a division re
employment list for a particular classification when a vacancy exists in that classification in that
division shall be offered the appointment. Names shall be carried on a re-employment list for a
period of one (I) year from the date of separation from City services or change of classification
through bumping. Upon re-employment within the one-year period, the employee's hire date of
record at the time oflayoff will be reinstated.
Section 6. Reinstatement. Employees laid off pursuant to Seetion 2 who are reinstated to a
regular position within sixty days shall retain the sick leave balance they had at the time of
layoff.
Section 7. No representation unit employee will be laid off or remain on a re-employment list
when intermittent hourly and seasonal hourly employees are performing substantially all the
duties of the classification of the hourly employee receiving a layoff notice or on a re
employment list.
ARTICLE VI. PERSONNEL ACTIONS
Section I. Probationary Period. Each new employee .shall serve a probationary period of six (6)
months twe )'eaffi of continuous employment. ef follrteea ffitl!lSfeS (1499) hellfS WhieflWff:lf
e8!f!tJs Jiirst calculated from ea€h-the employee's date of hire in a covered classification and
excluding all periods ofleave and light duty assignments. 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
r~ecting any probationary employee whose performance does not meet the acceptable standards
of work. At least one written 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 416 hours of continuous service or six months, whichever occurs first.
In the event oftermination prior to successful completion of the probationary period, such
terminated employee shall be given written notice ofhislher 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.
8
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25/10
Section 2. Personnel Evaluations. Personnel evaluations will be given to employees as
scheduled by Management. Personnel evaluations are not appealable subject to appeal 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. For purposes of this review, the employee may be
represented by the Union. Decisions regarding evaluation review 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, eopies of materials in an employee's personnel file relating to a
gnevance.
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 in writing.
Section 5. Full Time Opportunities. Full time job opportunities for classifications within the
Hourly unit and the Classified unit will be posted for at least ten (10) working days (Monday
through Friday) prior to selection.
Outside reeruitment may be used for full time openings and may begin at the time of posting, or
any time thereafter.
Section 6. Equitable Rotation. In assigning employees to regular schedules or special
assignments, transfer, standby, overtime, or time off selection, ability to perform the work,
length of service and/or equitable rotation shall determine the assignments.
Section 7. Internal Eligibility. Non-probationary employees in the Hourly Unit are eligible to
apply for any posted SEill Classified Unit promotional employment opportunity. Such
participation shall be on the same basis and on the same terms as applies to intemal Classified
Unit applicants, except as provided otherwise by the terms of the applicable City-SEill
Classified Unit MOA or other applicable agreement between the City and the SEIU Classified
Unit. Unless otherwise provided bv the City-SEill Classified Unit MOA or other applicable
agreement between the City and the SEillClassified Unit, the senioritv of an Hourly Unit
applicant shall be determined by total hours worked divided by two thousand eighty (2080). The
parties acknowledge that this paragraph will have effect onlv upon written agreement between
the City and SEIU Classified Unit to permit its application and for the duration of such
agreement.
Section 8 -Work in SEIU Classified Unit Vacancies. An employee in the Hourly bargaining
unit may perform the duties of a vacant SEIU Classified bargaining Unit position for up to six
9
City of Palo Alto And SEIG HourlyGnit
Tentative Agreement 8/25/10
months. However, ifbefore the six month period ends the City initiates and remains engaged in
an active recruitment and selection process (i.e. such steps as advertising, posting, development
of an employment candidate list. and interviews) with the objective of filling the vacancy the
City shall be entitled to have the employee in this unit continue to perform the duties until a
regular incumbent is hired and commences work. In the absence of an active recruitment, the
City's Human Resources Director (or his or her designee) and the Gnion may agrec in writing to
extend this period for one or more three month increments. The Gnion agrees that it shall not
unreasonably withhold agreement for reasonableextensions of reasonable duration. Members of
this bargaining unit may be employed in vacant Public Safety Dispatcher positions without
application of the limitations set forth in this paragraph.
ARTICLE VII -PAY.
Section 1. Wages Ia6feEise. BffeetiY8 lanaiif)' e, 2007 the base wage rates R:lf elassifieations
lisles ia AjljlelldiK A will reeeiv6 an a6rass the aaMd wage iliSfease ef eae Pereeat (Ui%). The
Jllffilary 6, 2007 wage iaSfease shall awly te bargaiaiag effit eHlflleyees '1,':IIe werked a Il1fninrum
ef 41e heafS th!riag FY 200(i 07, Effeeti'.'e Jtily I, 2GG7, the base wage Fates fer these
elassil'ieatielis shall be iaerassed three tmG eae k-alfpereant (3.5%). Bffeeti'l6 hliy 1, 2008, the
base '.'iage rates fer these elassifieaaoos shallae iacre!!sed three pereeat (:3.(;%). Base wage rates
and ranges of covered classifications are set forth in Appendix A of this Memorandum of
Agreement.
Section 2. Sten Inereases. Hourly employees are to be given a performance review after 416
hours, or six months, whichever occurs first, from date of hire and aunually thereafter;
improvement, efficient and effective service will warrant a salary step inerease. Subsequent
salary reviews are based on performance appraisals and will depend upon demonstrated
satisfactory job performance. If an employee's performance evaluation is delayed past the
employee's review date and the reviewing manager determines that the employee's demonstrated
job performance warrants the step inerease, the increase shall take effect retroactive to the
employee's scheduled review date.
Section 3. Working Out of Classification. The term "working out of classification" is defined as
a Management authorized assigmnent to a budgeted Hourly or Classified 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:
Employees appointed to "working out of classification" basis will receive acting pay within the
range of the higher classification beginning the e!eveaih sixth (&1') eonsecutive work day of the
assignment.
Pay for work out of class will be determined by the salary step of the higher classification which
the employee would be compensated if permanently appointed to that classification.
Out-of-classification provisions do not apply to work assigmnents performed in connection with
specific predetermined apprenticeship or training programs, or declared conditions of public peril
andlor disaster.
10
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25/10
ARTICLEVm -HOURS OF WORK, OVERTIME
Section 1. Work Week and Work Day. The workweek for hourly employees shall be no greater
than forty (40) regularly scheduled hours. An employee will work the hours assigned by the
employee's supervisor. Overtime work must be approved by a supervisor prior to being
performed.
Section 2. Overtime Work. An employee will receive overtime at the rate of time and one-half
for all hours paid after 40 hours in a workweek.
Section 3. Work Shifts. Employees may be assigned to work shifts with scheduled starting and
quitting times. For employees assigned to a regular work shift, should conditions necessitate a
change in starting and quitting times, the Employee will be notified ten (10) working days in
advance and permitted to discuss such changes with the City. The Employee may request the
presence of his/her Union Representative at the meeting with the City. This however, shall not
preclude the City's right to effect schedule changes dictated by operational necessity, nor shall
this provision apply to day-to-day changes needed to cover short-term unexpected absences.
This section does not apply to overtime scheduling.
Section 4. Lunch and Break Periods. Employees will be granted a minimum half hour (112
hour) unpaid meal break after five (5) hours of work, unless the entire shift is only six (6) hours,
in which case the employer and employee may agree to forgo the meal break. If dictated by the
operational needs of a department, and upon agreement by thc City and the Union, employees
may take an "on duty" lunch period which shall be counted as time worked.
All employees in the bargaining unit will be granted a paid rest period limited to fifteen (15)
minutes during each full four (4) hours of work. Departments may make reasonable rules
concerning rest period scheduling.
Section 5. 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 6. Call-Out Pay. Employees not otherwise excluded from receiving overtime pay and
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.
ARTICLE Vlnx UNIFORMS
The City will provide uniforms, coveralls or shop coats on a weekly basis, or as otherwise
furnished, for the jobs and/or classifications that the City requires such apparcl.
Employees required to wear uniforms shall be provided suitable change rooms and lockers where
presently provided.
II
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8125110
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.
The City shall reimburse employees 75 percent of the cost of job-required safety shoes upon
verification of such purchase by the employee.
The City will provide rainy weather protection when and where appropriate.
The City and the Union will work through the Labor Management process to further develop
guidelines for providing uniforms and reimbursements.
ARTICLE IX HOLIDAYS
Section 1. Fixed Holidays;
January 1
Third Monday in January (Martin Luther King Day)
Third Monday in February
Last Monday in May
July 4
First Monday in Scptember
Second Monday in October
Veterans' Day, November 11
Thanksgiving Day
Day after Thanksgiving
December 25
Either December 24 or December 31
Bffeetfve Ally 1, 2005, eEmployees who work a regular schedule shall receive holiday pay for
the hours they would otherwise be scheduled to work on a Fixed City Holiday provided the
employee was in a pay status or in authorized non-pay status on the Employee's last regularly
scheduled working day before and after the holiday.
All employees scheduled to work on a holiday will receive time and one half for all hours
worked on a holiday in addition to any regular holiday pay, if applicable.
ARTICLE XI SICK LEAVE
Effeetive Ally I, 2005, tThe City shall provide each employee with paid sick leave, earned on the
basis of 0.03 hours for each hour paid. There will be no payout of sick leave upon the
employee's termination. Sick leave shall be allowed and used in cases of actual personal
sickness or for the care of an immediate family member, including a registered domestic partner,
or disability, medical or dental treatment, or as authorized for personal business (e.g.
bereavement). A maximum of 15 hours per year of sick leave may be used to care for family
12
City of Palo Alto And SEIU Houri y Unit
Tentative Agreement 8/25/10
members, including a registered domestic partner. If an Hourly Unit member is hired into a
permanent position in the General Employee bargaining unit. he or she will retain his or her
accumulated sick leave balance.
ARTICLE XI -VOTING TIME
When the employee is unable to vote outside the employee's work hours. time off with pay to
vote in any general or direct primary election shall be granted as provided in the State of
California Election Code. and notice than an employee desires such time off shall be given in
accordance with the provisions of said Code.
ARTICLE XII WORKERS COMPENSATION
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 based upon
houri y salary for a period not to exceed fifty-seven (57) calendar days, unless
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 hourly salary at the time of injury
for the duration of such temporary disability in conformance with the State law.
(c) In case of Subsection (a) above, the employee will continue to accrue sick leave benefits.
In the case of Subsection (b), sick leave benefits shall not be accrued.
ARTICLE XIII -BENEFIT PROGRAMS
Medical Insurance Plan.
In lieu of providing a medical plan, effective the pay period including July I, 2010e each
employee shall receive two dollars farty Sill seHts ($2.48) seventy-seven cents ($2.77) per hour
in paid status as a medical stipend. Effective the pay period including July I, 2011G+ this
stipend will increase by tlHrteen ten cents ($O.IQJ) to two dollars fifty eiRe eighty-seven cents
($2.§9) ($2.87) fler hsur. Bffe6tiYe Jwy 1, 2{){)8 tlHs stifleRS shall iR6f6aS6 by ali aa8itisRaI
thirt66R seats ($().13) fief hsur ts tv,s ssllars sll',eRty tws seats ($2.72) per hour worked. This
stipend does not apply and will not be payable to employees who are California Public Employee
Retirement System annuitants already receiving medical benefits through that system.
If the State of California or federal government adopt or mandate a plan that requires the City to
pay in whole or in part for medical services or coverage for employees in the bargaining unit, the
stipend provided in this paragraph shall be reduced or cease to the extent of required payments
toward the state or federal plan, as applicable. Before implementation the change the City shall
notifY the Union of the amount of the offset and provide it an opportunity to meet to discuss the
13
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25/10
ea1eulation of the amount. Such discussion shall oeeur within fifteen (15) working days after the
City gives notiee to the Union. The City's ealeulation of the amount of the offSet shall be based
on the aggregate number of hours worked in the bargaining unit during the fisea1 year preeeding
that in whieh the state or federal plan takes effect.
The City and SEIU will continue to investigate the feasibility of providing Employees with
access to medieal insuranee. Sueh infonnation will be shared during negotiations for a suecessor
Memorandum of Agreement.
ARTICLE XIV -RETIREMENT
Section I -Part-time, Seasonal, Temporary (PST} Retirement Plan. Employees in the Hourly
Unit shall participate in the City of Palo Alto PST (Part time, SeassHad aHa T8!llflorary
BHlfllsyees) Retirement Plan. (See Appendix R) The plan was adopted by the City on June 25,
1994 as a retirement plan alternative for its part-time, seasonal and temporary employees to
replace Soeial Seeurity. All hourly employees are required to contribute 7.5% of their salary into
the PST Retirement Plan.
Seetion 2 -California PER.8. -PERS annuitants are excluded from participation in the P.S.T.
Retirement Plan. Employees in the Hourly Unit who have previously participated in and remain
ll5m1bers in the California Public Employee Retirement System (apERS") shall participate in
PERS. to the extent required by law, in lieu of participation in the P.S.T. Retirement Plan.
Such participation shall be under the retirement fonnula in effect at the time the employee is
hired into the Hourly Bargaining Dnit unless otherwise required by law.
ARTICLE XV PARKING
Employees are covered by the City's administrative policy for Hourly parking permits. The
policy is attached as BlEhibit 8Appendix C.
ARTICLE XVI PHYSICAL EXAMINATIONS
If an 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 at hislher own expense and, if his/her private
physician's report conflicts with that of the City physician in tenns 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 the third examination will be
equally shared and the decision of this physician concerning the continuing ability of the
employee to perfonn hislher work in hislher regular job without exposing himse1£1herself to
further injury as a result of hislher condition shall be the basis for returning the employee to
hisiber regular work.
ARTICLE xvn -SAFETY
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City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25/l 0
Section I. 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 employmcnt safe, in confurmance
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 will cooperate with the City by encouraging all employees to perform their
work in a safe manner.
Section 3. Safety Committee. A Safety committee composed of Management and Union
Stewards; will meet no less than ten 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.
Three (3) Hourly employees will participate in the ten-member Citywide Union/Management
safety committee with equal Union and Management membership that 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. The three (3) Hourly participants shall rsmort such time on timecards, using Internal
Order 80005 or its successor in eonjunetion with a short-text entry describing the nature of the
time spent (e.g. "City-wide Union-Management Safety Committee").
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 used. Safety grievances shall be
submitted at Step III.
ARTICLE XVIII -GRIEVANCE PROCEDURE
Section I. 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 diseiplinary a<.iion, the aggrieved andlor his or her representative is assured frcedom
from restraint, interference, coercion, discrimination or reprisal. Release time for investigation
and processing a grievance or appeal of disciplinary action is designated in Article N of this
Memorandum of Agreement (MOA).
Section 2. DefInition. A grievance is:
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City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25/10
(a) 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 interpretation or application of those
provisions not being subject to the grievance or appeal of disciplinary action procedure.
(b) An appeal from a disciplinary action of any kind against an employee covered by this
Memorandum of Agreement. Disciplinary action is defined as suspensions without pay,
reductions in pay, demotion or discharge. Reprimands, transfers, reassignments, layoffil,
and negative comments in performance evaluations are not considered discipline.
Section 3. Conduct of Grievance Procedure.
(a) An aggrieved employee may be represented by the Union or may represent
himseWherself in preparing and presenting a grievance at any level of review.
Grievances may also be presented by a group of employees. No grievance 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 "viii be copied on all written representation unit grievance 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.
Requests for release time to prepare a grievance shall be made in accordance with the provisions
of Article III, section 3. Beginning with the third step of the grievance procedure, the Chief
Steward or Alternate Chief Steward may assist in presenting a grievance and may be present at
all Step III, and IV grievance hearings.
(c) 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.
(d) Should a decision not be rendered within a stipulated time limit, the aggrieved employee
may immediately appeal to the next step.
(e) The grievance may be considered settled if the decision of any step is not appealed within
the specified time limit.
(f) If appropriate, the aggrieved employee(s) or the Union and the Department Head may
mutually agree to waive Step I andlor Step II of the grievance procedure.
(g) Grievances shall be made in writing and submitted on forms provided by the City or on
forms which are mutually agreeable to the City and Union. The written grievance shall
contain clear, faetnal and concise language including: (I) the name of the grievant, (2) a
statement of the facts upon which the grievance is based, including relevant dates, times
16
City of Palo Alto And SEW Hourly Unit
Tentative Agreement 8125/10
and places, (3) specific provisions of the Agreement or specific City rules, policies, or
procedures which the party filing the grievance alleges has been violated; (4) a summary
of any steps taken toward resolution, and (5) the action the grievant believes will resolve
the grievance.
(h) Any retroactivity on monetary grievances shall be limited to the date of occurrence,
except in no case will retroactivity be granted prior to three months before the grievance
was filed in ",'fiting.
(i) 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.
G) For purposes of time limits, "working days" are considered to be Monday through Friday,
exclusive of City holidays.
(k) If a mutually agreed solution is reached during any step of this grievance procedure, the
agreement shall be placed in writing and signed by the City and the grievant or union.
(I) Upon request of eitller party, meetings to discuss the grievance shall be held at any step in
the grievance procedure.
Section 4. Grievance Procedure.
Step I. Informal Discussion. Within fifteen (15) working days after the incident or discovery of
the incident on which the gricvance is based the aggrieved employee shall present the grievance
action to his or her immediate supervisor and attempt to resolve the grievance through informal
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, the employee
will reduce the grievance to writing and submit copies to the Department head or his or her
designee within fifteen working days of the discussion with the inmlediate supervisor.
The Department Head or designee shall have fifteen working days from the receipt of a written
grievance to review the matter and prepare a written statement.
Step III. If the grievance is not resolved andlor 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 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, the Department Head's decision at Step II, and a clear statement
of the reasons for appeal.
17
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/2511 0
Within fifteen 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 a grievance as defined under 2(a) above is not resolved at Step III, the aggrieved
employee may choose betwcen final and binding resolution of the grievance 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 N appeals must be filed in writing at the Human Resources
Department Office within fifteen working days of receipt of the Human Resource Director's
deeision at Step 3.
If the grievant or appellant eleets 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 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 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,
grant wage increases or decreases, or to decide matters of interest.
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 the 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.
18
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25/10
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.
A grievance as defined under Section 2(b) above (demotion, suspension, reduction in payor
termination) that remains unresolved after the conclusion of step III of the grievance procedure,
shall be reviewed by a City Hearing Officer. Appeals to a City Hearing Officer must be filed
with the Human Resources Director in writing within fifteen (15) working days of the receipt of
the Step III Grievancc response. Within sixty (60) working days, the City Hearing Officer shall
review the matter, hold a hearing with the City and the affected worker, and prepare a written
recommendation to the City Manager.
The City Manager shall issue a final and binding decision within fifteen (15) working days after
receipt of the City Hearing Officer's recommendation. The City Manager may accept, reject or
modifY the City Hearing Officer's recommendation. The City Manager's decision shall be final,
binding and not be subject to further appeal.
ARTICLE XIX
UNSATISFACTORY WORK. OR CONDUCT AND DISCIPLINARY ACTION
Section 1. The City has the right to discipline, demote, or discharge employees for cause.
Section 2._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
defieiencies and improve to meet standards may result in discipline, demotion, or discharge.
Discipline is defined as sU&'Pensions 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 3. Preliminary Notice of Discipline. Prior to imposing disciplinary actionjnvolving a
disciplinary suspension, demotion, reduction in pay, or discharge of a non-probationary
employee, 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 cmployee 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;
(b) Intended effective date of the action;
(c) Statement of the cause thercof;
(d) Statement in ordinary .and concise langnage of the act or the omissions upon which the
causes are based;
19
City of Palo Alto And SEIU Hourly Unit
Tentative Agreement 8/25/10
(e) Copies of any documents or other written materials upon which the disciplinary action
was fully or in part based.
(f) Statement advising the employee ofhislher right to appcal from such action, and the right
to Union representation.
(g) The date andlor the procedure for responding to the notice.
Section 4. Skelly Meeting. The employee who receives a notice pursuant to section 3 above
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) 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 Officer shall render a final
written decision (the "post-Skelly decision") within fifteen (15) 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 to the employee's last known address on file with the Huroan Resources
Department. The Skelly Officer may sustain, modify, or overturn the recommended disciplinary
aetion. If the Skelly Officer sustains or modifies the disciplinary action, the action may be
imposed after the post-Skelly decision is delivered to the employce.
ARTICLE XX NO ABROGATION OF RIGHTS
The parties acknowledge that Management rights as indicated in Seetion 1207D of the Merit
System Ru1es and Regulations and all applicable State laws are neither abrogatod nor made
subject to negotiation by adoption of this Memoranduro of Agreement.
ARTICLE XXI 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.
AKI1CLE XXII PROMOTIONAL/CONVERSION OPPORTlJNITIES
The City and Union will meet on a quarterly basis to review the possibility of converting long
term ongoing temporary-hourly positions to regular status. A part of such a meeting may be a
discussion regarding promotional opportunities of Hourlies to Classified positions.
ARTICLE XXIII -PROVISIONS OF THE LAW
Section 1. This Memoranduro 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.
20
City of Palo Alto And SEm Hourly Unit
Tentative Agreement 8/25110
Should any of the provisions herein contained be rendered or declared invalid by reason of any
existing State or Federallegjslation, 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. The City and the Union agree by signing this Memorandum of Agreement that the
wages, hours, rights and working conditions contained herein shan 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 upon
ratification by the Council of the City of Palo Alto and upon ratification by Union membership.
ARTICLE XXN -COST RE.QPCTION 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:XXV -TERM
Except as expressly provided otherwise by this MOA for the JaflllaFY 6, l097 wa,geJuly 1, 2010
pay period medical stipend increase, this Memorandum of Agreement shall take effect on
ratification and signing by the parties, and shall expire on J'ffile 3gDecember 31, 20ll09. Either
party may serve written notice upon the other party during the period between ninety and sixty
days prior to its expiration date, of its desire to amend this Memorandum of Agreement. If, at
the time this Memorandum of Agreement would otherwise terminate, the parties are negotiating
a new Memorandum of Agreement, upon mutual agreement of the Union and the City Managcr
the terms and conditions of this Memorandum shall continue in effect.
21
EXECUTED:
FOR LOCAL 521, SEIU:
Bunny Bernstein, Negotiator
Library Services
I1t~UI ~! ( tr ,1 '
V· . Ii
/1.
&
Nick Raisch, ChlefNegotiator
SEIU Local 521 Worksite Organizer Director
FOR CITY OF PALO ALTO:
James Keene
City Manager
Russ Carlsen,
Human Resources Director
~~
Assistant Human Resources Director
·.~?~cbdK arCle Scott,
Labor Relations Administrator
'efNegotiator
Appendix A
Job Classifications and Salary for Hourly Unit Personnel-Effective 7/11()810-@%-)
Administrative Specialist I - H
Performs administrative work that requires advanced skills or knowledge in support of a
department/division or program.
Step 1
$20.52
Step 2
$21.72
Step 3
$22.98
Administrative Specialist II -H
Step 4
$24.30
Step 5
$25.72
Performs more complex administrative work that requires advance skills or knowledge in
specialized software programs and data analysis in specialized areas in support of a
department/division or program. Two years of experience equivalent to that of an
Administrative Specialist I.
Step 1
$24.51
Step 2
$25.93
Assistant Park Ranger - H
Step 3
$27.43
Step 4
$29.02
Step 5
$30.71
Positions requiring at least 2 years of experience and specialized skills or advanced
certificates for First Aid, CPR, and heavy equipment operation. Prior experience as an open
space technician or park aide is essential.
Step 1
$20.53
Step 2
$21.73
Building Serviceperson - H
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72
Under limited supervision, performs custodial duties and other related work as required to
maintain City buildings and facilities in a clean and orderly condition. Members of this
classification may be assigned to perform either public works duties or park duties. Two
years of experience equivalent to that of a Custodial Assistant.
Step I
$19.35
Step 2
$20.37
Clerical Assistant - H
Step 3
$21.44
Step 4
$22.57
Step 5
$23.75
Under supervision, performs routine and repetitive computer inputting and clerical tasks,
and performs related work as required. May require cash handling.
Step I
$16.62
Step 2
$17.59
Step 3
$18.62
Step 4
$19.69
Step 5
$20.83
Custodial Aide - H
Under close supervision, this entry-level position perfonns basic custodial duties as
required to maintain City buildings and facilities, perfonns room set-ups and take-downs,
and other related work.
Step 1
$13.43
Step 2
$14.21
Custodial Assistant - H
Step 3
$15.03
Step 4
$15.90
Step 5
$16.83
Under general supervision, perfonns custodial duties and other related work as required to
maintain City buildings and facilities in a clean and orderly condition. Members of this
classification may be assigned to perfonn either public works duties or parks duties.
Step 1
$15.71
Step 2
$16.62
General Laborer -H
Step 3
$17.58
Step 4
$18.61
Step 5
$19.68
Perfonns general manual tasks. Perfonns various types of manual labor as needed.
Possesses knowledge of commonly-used concepts, practices, and procedures within a
particular field. Perfonns tasks in confonnance within pre-established instructions.
Works under general supervision. Uses very limited independent judgment similar to
that expected of an apprentice-helper level laborer, consistent with pre-established
instructions. May report to a lead worker, but typically reports to a supervisor.
Requires a high school diploma or its equivalent with 1 year of related experience.
SalarY to be detennined -an hourly rate above $50lhour must be approved by the
Director of Human Resources before the City extends an offer of employment.
House Manager - H
Facility supervisor of special events, productions, concerts, rentals -etc. Involves high
public contact and customer service, including enforcement of rules and regulations.
May included set-up of events.
Step 1
$15.45
Inspector -H
Step.2
$16.34
Step 3
$17.29
Step 4
$18.29
Step 5
$19.36
Provides inspections for capital and maintenance work, buildings and structures in any
stage of construction, alteration or repair. Insures compliance with standard construction
practices, approved plans and specifications, governing laws and City ordinances.
Prepares and maintains records of inspections, contractor's daily activities, verification of
materials and quantities used, notification to and contact with the residents in the project
area, violation notices, investigations and other related data and infonnation. Salary to be
detennined -minimum step 1 base of $26.87. An hourly rate above $50/hour must be
approved by the Director of Human Resources before the City extends an offer of
employment.
Instructor Aide -H
Under general supervision, performs administrative work in support of Instructors in areas
such as course preparation, classroom assistance and related aetivities. May require lifting
up to 15 pounds.
Step 1
$9.31
Step 2
$9.85
Instructor I -H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Under general supervision, prepares classes, programs and earnp curriculum, presents
classes and field trips and provides assignments to Instructor Aides and volunteers.
Requires previous teaching experience. Requires prior in-depth knowledge of the
disciplines to be taught. May require lifting up to 15 pounds.
Step I
$15.46
Step 2
$16.36
Instructor n -H
Step 3
$17.30
Step 4
$18.31
Step 5
$19.37
Under limited supervision, prepares classes, programs and camp curriculum, presents
classes and field trips and provides assignments to Instructor Aides and volunteers.
Requires previous teaching experience. Requires prior in-depth knowledge of the
disciplines to be taught. Two years of experience equivalent to that of an Instructor I.
May require lifting up to 15 pounds.
Step 1
$23.62
Step 2
$25.10
Journey-Level Laborer - H
Step 3
$26.44
Step 4
$27.97
Step 5
$29.60
Perfonns various tasks involving physica1labor in or on buildings, construction sites,
demolition sites, streets, sidewalks. or on other construction projects. May operate hand
and power tools of all types (e.g. Air hammers, earth tampers, cement mixers, small
mechanical hoists, surveying and measuring equipment, and various other equipment and
instruments). May clean and pr<mare sites. dig trenches, set braces to support the sides of
exeavations. erect scaffolding, dean up rnbble and debris, and remove hazardous waste
materials; may assist other craft workers. Uses independent judgment similar to that
expected of a journey-level laborer, within pre-established instructions similar to and
consistent with industry practices for journey-level laborers. Works under general
supervision. Typically reports to a lead worker or supervisor. Requires a high school
diploma or its equivalent with 1-3 years of related experience. Salary to be detennined
an hourly rate above $50/hour must be approved by the Director of Human Resources
before the City extends an offer of employment.
Librarian -H
Under supervision, assists customers with reference inquiries, provides iustruction in the
use of library resonrces and equipment.
Step 1
$24.95
Step 2
$26.39
Library Clerk -H
Step 3
$27.93
Step 4
$29.54
Step 5
$31.26
Under close supervision, performs technical and clerical tasks; assists customers with their
accounts; shelves materials.
Step 1
S18.57
Step 2
$19.65
Library Page -H
Step 3
$20.79
Step 4
322.00
Step 5
$23.27
Under close supervision, shelves materials; perfonns routine clerical and support tasks.
Step 1
$11.38
Step 2
$12.04
Maintenance Assistant -H
Step 3
$12.74
Step 4
$13.48
Step 5
$14.26
Undcr general supervision, responsible for skilled and semiskilled tasks in one or more of
thc following areas:
Landscape and turf maintenance of parks and golf conrses, including tree
maintenance and tnrf renovation
City building and facilities
City streets, sewers, and stonn drains
City vehicles and equipment
Perfonns related tasks as required. Requires experience with power equipment and a
valid Californla driver's license. May require drug testing.
Step 1
$14.94
Step 2
$15.82
Open Space Technician -H
Step 3
316.73
Step 4
$17.70
Step 5
$18.72
Under general supervision performs work assignments in Parks and Open Space areas
that assist in the protection, preservation and maintenance of Palo Alto open space lands.
Entry-level positions that require familiarity with power tools such as weed whips and
chain saws.
Step 1
$14.94
Step 2
$15.82
Step 3
$16.73
Step 4
$17.70
Step 5
318.72
Print Shop Assistant - H
Under supervision, provides assistance in the Print Shop in duplieation, finishing work,
mail distribution and other support function duties, often under tight deadlines.
Step 1
$18.57
Step 2
$19.65
Step 3
$20.79
Projeet COllstFlletiall ffispeetar H
Step 4
$22.00
Step 5
$23.27
lHspeeaoR of City 6oRs\l;1;!eaoR pf€jeets to eHsafe oOllfuflllaflOe witH ]'lIaR aHa
speeifieeaoRs, a06lH!leH1:atioll ofeolltf€etoF'S Gaily aeU¥ities, 'feHBeation of materials aflG
~ities 1:ISe6, afla llotiBeatiOfi to ana eootaet with tee resiGeHts ill the ~ eet area.
£t6]3 1 £tsp 2 £tsp 3 £tsp 4 £tsp 5
$2{).87 $28.44 $3i.l.\)g $31.83 $33.97
Project Specialist - H
Support for and administrative tasks related to City programs and projects on an ongoing
basis, requiring technical and administrative skills such as scheduling, research and report
writing, project development and design, ongoing project implementation and
administration, and budget tracking and conformance.
Step 1
$20.53
Step 2
$21.73
Recreation Aide - H
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72
Provides general clerical and unskilled labor/support of recreational programs.
Step 1
$9.31
Step 2
$9.85
Recreation Leader I - H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Entry level positions that do not require previous experience including:
Teen leaders
Gymnastics Instructors
Sports Camp Assistants
Special Event Assistants
Summer Camp Counselors
Coaches
Step 1
$9.31
Step 2
$9.85
Recreation Leader II - H
Step 3
$10,42
Step 4
SI1.03
Step 5
$11.67
Positions require at least one season of experience and certifications in a related field
including:
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Assistant Pool Manager
Senior Swim InstructoriLifeguard (Lifeguard Training, First Aid and CPR)
Swnmer Camp Assistants
Coaches
Step 1
812.60
Step 2
$13.33
Recreation Leader III -H
Step 3
814.10
Step 4
$14.92
Step 5
$15.78
Positions require at least 2 years of experience and specialized skills or advanced
certifications in a related field including:
Summer Camp Leaders
Teen Outreach Leaders
Coaches
Substitute Teaehers
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Pool Manager
GymnastieiDance Instruetors (Recreation Leader II requirements and Safety
Certifieation and one of the following eertifications: Professional Development
Program II, Kinder Aeereditation for Teaehers or Movement Education and Leaming
Development. )
Step 1
$15.67
Step 2
$16.57
Staff Specialist - H
Step 3
$17.54
Step 4
$18.55
Step 5
$19.63
Under limited supervision, performs professional work requiring specialized knowledge
or training in a specific field in support of a Citv program or organizational unit. The
work performed is generally varied in character and similar to or equally complex to that
of a eareer position, but is not manageriaL Salary to be determined -an hourly rate
above $50ibour must be approved by the Director of Human Resources before the City
extends an offer of employment.
Stock Clerk -H
Under supervision, performs a variety of inventory maintenance functions including
reeeiving, storing, and delivering supplies. Includes maintaining and reviewing
computerized inventory records; performs other related work as required.
Step 1
$14.86
Step 2
$15.72
Step 3
$16.64
Step 4
$17.59
Step 5
$18.62
Swim InstructoriLifeguard - H
Monitors pool activities to enforce regulations and prevent accidents, rescue swimmers in
distress, conducts swimming lessons in accordance with American Red Cross or other
national recognized aquatics programs and performs other related duties as required.
Certificates in Lifeguard Training, First Aid and CPR required.
Step I
$10.62
Step 2
$11.23
Technical Specialist - H
Step 3
$11.89
Step 4
$12.58
Step 5
$13.30
Under general supervision, responsible for work that requires technical skills associated
with one or more of the following areas: draftingiCAD, electronics, computer systems,
engineering, environmental science, or planning.
Step I
$16.62
Step 2
$17.59
Step 3
$18.61
Theatre/Arts Professional I - H
Step 4
$19.69
Step 5
$20.83
Under general supervision, performs highly skilled jobs in support of performing and
visual arts. Examples would include exhibit design and installation, graphic design,
theater scene, costume & lighting design and direction, studio supervision, etc.
Step I
$19.40
Step 2
$20.53
Step 3
$21.72
Theatre/Arts Professional II - H
Step 4
$22.98
Step 5
$24.31
Under limited supervision, performs highly specialized jobs in support of performing and
visual arts. Examples would include exhibit design and installation, graphic design,
theater scene, costume & lighting design and direction, studio supervision, etc. Two
years of experience equivalent to that of a Theatre/Arts Professional 1.
Step 1
$23.62
Step 2
$24.99
Step 3
$26.44
Theatre/Arts Technician - H
Step 4
$27.97
Step 5
$29.60
Under supervision, performs paraprofessional and skilled support to a specific
performing or visual arts program area such as lighting, props, building, painting,
stitching -etc.
Step 1
$13.78
Step 2
$14.58
Theatre/ Arts Aide - H
Step 3
$15.42
Step 4
$16.31
Step 5
$17.26
Under general supervision, performs general unskilled and some semiskilled tasks in
support of theater, arts and museum programs.
Step I
$9.09
Step 2
$9.62
Zoological Assistant - H
Step 3
$10.17
Step 4
$10.77
Step 5
$11.39
Under supervision, performs assignments that assist in the maintenaoce, control, aod
shelter of animals in the zoo aod other City facilities.
Step I
$20.53
Step 2
$21.73
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72
Appendix B
Public Agency Retirement System ("P.A.R.s.") Plan
Citv of Palo Alto PST (Part-time, Seasonal and Temporarv) Emplovees Retirement Plan
As of the etIective date of this contract, the City contracts with the Public Agency Retirement
Services Alternate Retirement Svstem (PARS ARS) to provide an alternative plan to Social
Security for members of this Unit. The main components of the plan include:
• Enrollment in the PARS 457 retirement plan is automatic for eligible employees
(excludes employees previously enrolled in CaIPERS).
• All contributions are pre-tax and invested
• Emplovees recei ve an annual statement of gains and losses
• Emplovees mav become eligible to receive their account balance when one of the
following events occnr:
o Tennination of employment
o Retirement
o Permanent or total disability
o Death
o Changed employment status to a position covered by another retirement system
• .'\.n employee may elect either:
o a one-time lump sum cash payment, which may be subiect to federal and/or state
income tax withholding, OR
o A direct rollover without tax withholding to a traditional IRA or an eligible plan
that accepts rollovers [e.g. 403(b), 457(b), 401(k)]
A copy of the Plan Document is on file in Human Resources and mav be reviewed upon
advanced request. For questions or additional information. contact PARS at 800-540-6369.
AppendixC
Parking Pennits
• Pennits will be issued for University Avenue parking structures only.
• Hourly employee must work at least 2.5 hours per day for a consistent period of time
(this assumes the need to walk back and forth to a garage). If the employee works less
than 2.5 hours, they can park, without penalty, in downtown garages given the current 3
hour parking limit.
• Hourly employee must obtain a signed letter from Department Head verifying their
"consistent" and greater than 2.5 hour schedule for a parking pennit and submit with
request for permit.
• Pennit to be issued and tracked by Revenue Collections.
• Parking pennit is not transferable.
• Pennit must be returned to City upon change to a less than a 2.5 hour, consistent schedule
or termination.
CITY OF PALO ALTO
COMPENSATION PLAN
SEIU HOURLY UNIT E:v1PLOYEES
EFFECTIVE: October 25. 2010 Payperied iB:eJ..w:lillg May 1, 2997
TbroughDecember 31, 201IJoos 39, 2999
1
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
SEIU Hourly Unit Personnel
SECTION I. SALARY
A. Salarv Range Tables
Personnel covered by this plan shall receive compensation within the salary ranges
set forth in the Salary Range Tables that follow in Appendix A. These tables reflect
tho follo'/lin€): E:#oetilJo Janblary a, 2QQ7 tho ease 'N3€jO Fates for slassifisatiens
listed in A~~endix A 'Nill FOceive an acFOSS the beard wa!je increase ef ene ~eFGent (
1.Q%). The Jan~arj' €I, 2QQ7 wa!je incFOase shall a~~ly te baF!jainin!j ~nit
ern~leyees ''''ho 'A'{)rKed a rninirn~rn of 41 €I ho~rs d~rin!j FY 2QQe Q7. Effective J~ly
1, 2QQ7, the base wage rates for those classifications shall be incFOased thFOe and
one half percent (d.€i%). Effective J~ly 1, 2QQS, the base wa!je rates for these
classificatiens shall be incroasod thFOo porcont (d.Q%).
B. Establishment of Salarv
The City Manager is authorized to make appointments to or advancements with the
prescribed ranges upon evaluation of employee qualification and performance.
Hourly employees are to be given a performance review after 416 hours, or six
months, whichever occurs first, from date of hire and annually thereafter.
Improvement, efficient and effective service will warrant a salary step increase.
Subsequent salary reviews are based on performance appraisals and will depend
upon demonstrated satisfactory job performance. If an employee's performance
evaluation is delayed past the employee's review date and the reviewing manager
determines that the employee's demonstrated job performance warrants the step
increase, the increase shall take effect retroactive to the employee's scheduled
review date.
SECTION II. BENEFITS
A. Medical Insurance Plan
In lieu of providing a medical plan, effective July 1,2006, each employee shall receive two
dollars forty six conts ($2.4e) seventy-two cents ($2.72) per hour in paid status as a
medical stipend. Effective July 1, 20G-7-10 this stipend will increase by thirteenfive cents
($0.054-J) to two dollars seventy-seven fifty nine cents ($2.W77) per hour. Effective July 1,
2
200011 this stipend shall increase by an additional tentl=liFteen cents ($0.1dQ) per hour to
two dollars eighty-seven seventy tW{) cents ($2.87+2) per hour worked.
If the State of California or federal government adopt or mandate a plan that requires the
City to pay in whole or in part for medical services or coverage for employees in the
bargaining unit, the stipend provided in this paragraph shall be reduced or cease to the
extent of required payments toward the state or federal plan, as applicable. Before
implementation of the change the City shall notify the Union ofthe amount of the offset and
provide it an opportunity to meet to discuss the_calculation ofthe amount. Such discussion
shall occur within fifteen (15) working days after the City gives notice to the Union. The
City's calculation of the amount of the offset shall be based on the aggregate number of
hours worked in the bargaining unit during the fiscal year preceding that in which the state
or federal plan takes effect.
B. Sick Leave
Effective July 1, 2005, the City shall provide each employee with paid sick leave,
earned on the basis of 0.03 hours for each hour paid. There will be no payout of
sick leave upon the employee's termination. A maximum of 15 hours per year of
sick leave may be used to care for family members, including a registered domestic
partner.
C. Retirement
Employees in the Hourly Unit shall participate in the City of Palo Alto PST (Part
time, Seasonal and Temporary Employees) Retirement Plan. The plan was
adopted by the City on June 25, 1994 as a retirement plan alternative for its part
time, seasonal and temporary employees to replace Social Security. All hourly
employees are required to contribute 7.5% of their salary into the PST Retirement
Plan.
D. Industrial Temporarv Disability
1. 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 based upon hourly salary for a period not to exceed fifty-seven
(57) calendar days, unless hospitalized, in which case employees shall be
paid full base salary for a period not to exceed sixty (60) days from date of
injury.
2. 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 hourly salary at
the time of injury for the duration of such temporary disability in conformance
3
with the State law.
3. In case of Subsection (1) above, the employee will continue to accrue sick
leave benefits. In the case of Subsection (2), sick leave benefits shall not be
accrued.
SECTION III. SPECIAL COMPENSATION
Personnel covered by this compensation plan, in addition to the salary set forth in Section I
and Benefits in Section II above, may receive special compensation as follows. Eligibility
shall be in conformance with the Merit Rules and Regulations and Administrative Directives
issued by the City Manager for the purposes of clarification and interpretation.
A. Overtime
An employee will receive overtime at the rate of time and one-half for all hours paid
after 40 hours in a workweek.
B. Working Out of Classification
The term "working out of classification" is defined as a Management authorized
assignment to a budgeted Hourly or Classified 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:
Employees appOinted to "working out of classification" basis will receive acting pay
within the range of the higher classification beginning on the sixth consecutive work
day of the assignment.
Pay for work out of class will be determined by the salary step of the higher
classification which the employee would be compensated if permanently appointed
to that classification.
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.
C. Call-Out Pay
Employees not otherwise excluded from receiving overtime pay and 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.
4
D. Uniforms
The City will provide uniforms, coveralls or shop coats on a weekly basis, or as
otherwise furnished, for the jobs and/or classifications that the City requires such
apparel.
The City shall reimburse employees 75 percent of the cost of job required safety
shoes upon verification of such purchase by the employee.
The City will provide rainy weather protection when and where appropriate.
E. Parking
Employees are covered by the City's administrative policy for Hourly Parking
permits.
5
Appendix A
Job Classifications and Salary for Hourly Unit Personnel-Effective 7/110810=@-%t
Administrative Specialist I -H
Perfonns administrative work that requires advanced skills or knowledge in support of a
department/division or program.
Step 1
$20.52
Step 2
$21.72
Step 3
$22.98
Administrative Specialist II - H
Step 4
$24.30
Step 5
$25.72
Perfonns more complex administrative work that requires advance skills or knowledge in
specialized software programs and data analysis in specialized areas in support of a
department/division or program. Two years of experience equivalent to that of an
Administrative Specialist 1.
Step 1
$24.51
Step 2
$25.93
Assistant Park Ranger -H
Step 3
$27.43
Step 4
$29.02
Step 5
$30.71
Positions requiring at least 2 years of experience and specialized skills or advanced
certificates for First Aid, CPR, and heavy equipment operation. Prior experience as an open
space technician or park aide is essential.
Step 1
$20.53
Step 2
$21.73
Building Serviceperson -H
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72
Under limited supervision, perfonns custodial duties and other related work as required to
maintain City buildings and facilities in a clean and orderly condition. Members of this
classification may be assigned toperfonn either public works duties or park duties. Two
years of experience equivalent to that of a Custodial Assistant.
Step 1
$19.35
Step 2
$20.37
. Clerical Assistant -H
Step 3
$21.44
Step 4
$22.57
Step 5
$23.75
Under supervision, perfonns routine and repetitive computer inputting and clerical tasks,
and perfonns related work as required. May require cash handling.
Step 1
$16.62
Step 2
$17.59
Step 3
$18.62
Step 4
$19.69
Step 5
$20.83
Custodial Aide -H
Under close supervision, this entry-level position performs basic custodial duties as
required to maintain City buildings and facilities, performs room set -ups and take-downS,
and other related work.
Step 1
$13.43
Step 2
$14.21
Custodial Assistant -H
Step 3
$15.03
Step 4
$15.90
Step 5
$16.83
Under general supervision, perfonns custodial duties and other related work as required to
maintain City buildings and fucilities in a clean and orderly condition. Members of this
classification may be assigned to perfonn either public works duties or parks duties.
Step 1
$15.71
Step 2
$16.62
General Laborer -H
Step 3
$17.58
Step 4
$18.61
Step 5
$19.68
Perfonns general manual tasks. Perfunns various types of manual labor as needed.
Possesses knowledge of commonly-used concepts, practices, and procedures within a
particular field. Perfonns tasks in confonnance within pre-established instructions.
Works under general supervision. Uses very limited independent judgment similar to
that expected of an apprentice-helper level laborer. consistent with pre-established
instructions. May report to a lead worker, but typically reports to a supervisor.
Requires a high school diploma or its equivalent with 1 year of related experienee.
Salary to be determined -an hourly rate above $50/hour must be approved by the
Director of Human Resources before the City extends an offer of employment.
House Manager -H
Facility supervisor of special events, productions, conccrt~, rentals etc. Involves high
public contact and customer service, including enforcement of rules and regulations.
May included set-up of events.
Step 1
$15.45
Inspector -H
Step 2
$16.34
. Step 3
$17.29
Step 4
$18.29
Step 5
$19.36
Provides inspections for capital and maintenance work, buildings and structures in any
stage of coustruction, alteration or repair. Insures compliance with standard construction
practices, approved plans and specifications, governing laws and City ordinances.
Prepares and maintains records of inspections, contractor's daily activities, verification of
materials and quantities used, notification to and contact with the residents in the project
area, violation notices, investigations and other related data and infonnation. Salary to be
determined -minimum step 1 base of $26.87. An hourly rate above $50/hour must be
approved by the Director of Human Resources before the City extends an offer of
emplovment.
Instructor Aide - H
Under general supervision, performs administrative work in support of Instructors in areas
such as course preparation, classroom assistance and related activities. May require lifting
up to 15 pounds.
Step I
$9.31
Step 2
$9.85
Instructor 1-H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Under general supervision, prepares classes, programs and camp curriculum, presents
classes and field trips and provides assigurnents to Instructor Aides and volunteers.
Requires previous teaching experience. Requires prior in-depth knowledge of the
disciplines to be taught. May require lifting up to 15 pounds.
Step 1
$15.46
Step 2
$16.36
Instructor II - H
Step 3
$17.30
Step 4
$18.31
Step 5
$19.37
Under limited supervision, prepares classes, programs and camp curriculum, presents
classes and field trips and provides assigurnents to Instru,etor Aides and volunteers.
Requires previous teaching experience. Requires prior in-depth knowledge of the
disciplines to be taught. Two years of experience equivalent to that of an Instructor 1.
May require lifting up to 15 pounds.
Step I
$23.62
Step 2
$25.1 0
Journey-Level Laborer - H
Step 3
$26.44
Step 4
$27,97
Step 5
$29.60
Performs various tasks involving physical labor in or on buildings. construction sites,
demolition sites, streets, sidewalks, or on other construction projects. Mav operate hand
and power tools of all twes (e.g, Air hammers, earth tampers, cement mixers, small
mechanical hoists, surveying and measuring equipment, and various other equipment and
instruments). May clean and prepare sites, dig trenches, set braces to support the sides of
excavations, erect scaffolding, clean up rubble and debris, and remove hazardous waste
materials; may assist other craft workers. Uses independent judgment similar to that
expected of a iourney-Ievellaborer, within pre-established instructions similar to and
consistent with industry practices for journey-level laborers. Works under general
supervision. Twicallv reports to a lead worker or supervisor. Requires a high school
diploma or its eguivalent with 1-3 years of related experience. Salary to be detennined
an hourly rate above $50/hour must be approved by the Director ofHU1Ilan Resources
before the City extends an offer of employment.
Librarian -B
Under supervision, assists customers with reference inquiries, provides instruction in the
use of library resources and equipment.
Step 1
$24.95
Step 2
$26.39
Library Clerk -B
Step 3
$27.93
Step 4
$29.54
Step 5
S31.26
Under close supervision, performs technical and clerical tasks; assists customers with their
accounts; shelves materials.
Step 1
$18.57
Step 2
$19.65
Library Page -B
Step 3
$20.79
Step 4
$22.00
Step 5
$23.27
Under close supervision, shelves materials; performs routine clerical and support tasks.
Step I
$11.38
Step 2
$12.04
Maintenance Assistant -B
Step 3
$12.74
Step 4
$13.48
StepS
$14.26
Under general supervision, responsible for skilled and semiskilled tasks in one or more of
the following areas:
Landscape and turf maintenance of parks and golf courses, including trcc
maintenance and turf renovation
City building and facilities
City streets, sewers, and storm drains
City vehicles and equipment
Performs related tasks as required. Requires experience with power equipment and a
valid California driver's license. May require drug testing.
Step 1
$14.94
Step 2
$15.82
Open Spaee Technician -B
Step 3
$16.73
Step 4
$17.70
StepS
SI8.72
Under general supervision performs work assignments in Parks and Open Space areas
that assist in the protection, preservation and maintenance of Palo Alto open space lands.
Entry-level positions that require familiarity with power tools such as weed whips and
chain saws.
Step 1
$14.94
Step 2
$15.82
Step 3
$16.73
Step 4
$17.70
Step 5
$18.72
Print Shop Assistant - H
Under supervision, provides assistance in the Print Shop in duplication, finishing work,
mail distribution and other support function duties, often under tight deadlines.
Step I
$18.57
Step 2
$19.65
Step 3
$20.79
PF9jeet C9HstFUeti9H IHsfleet9F B
Step 4
$22.00
Step 5
$23.27
IllSfleetioll of City sOllstRistioll flfoj6StS to 6llSaF6 sOllfo_anss witfi plan alla
spesifisatiollS, aOffilffieatatioll of sommetof's aaily aetivities, verifisatioll of materials alla
EtHalltities lisea, ana llotifieatioll to ana somast witfi tfie f6siaems ill tHe Pfoj 6St afeR.
Step! Step 2 Step 3 Step 4 Step 5
$26.87 $28.44 $30.08 $3l.83 $33.137
Project Specialist - H
Support for and administrative tasks related to City programs and projects on an ongoing
basis, requiring technical and administrative skills such as scheduling, research and report
writing, project development and design, ongoing project implementation and
administration, and budget tracking and conformance.
Step 1
$20.53
Step 2
$21.73
Recreation Aide - H
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72
Provides general clerical and unskilled labor/support of recreational programs.
Step 1
$9.31
Step 2
$9.85
Recreation Leader I - H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Entry level positions that do not require previous experience including:
Teen leaders
Gymnastics Instructors
Sports Camp Assistants
Special Event Assistants
Summer Camp Counselors
Coaches
Step 1
$9.31
Step 2
$9.85
Recreation Leader II - H
Step 3
$10.42
Step 4
$11.03
Step 5
$11.67
Positions require at least one season of experience and certifications in a related field
including:
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Assistant Pool Manager
Senior Swim Instructor/Lifegnard (Lifegnard Training, First Aid and CPR)
Summer Camp Assistants
Coaches
Step 1
$12.60
Step 2
$13.33
Recreation Leader HI -H
Step 3
$14.10
Step 4
$14.92
Step S
$15.78
Positions require at least 2 years of experience and specialized skills or advanced
. certifications in a related field iucluding:
Summer Camp Leaders
Teen Outreach Leaders
Coaches
Substitute Teachers
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Pool Manager
Gymnastic/Dance Instructors (Recreation Leader II requirements and Safety
Certification and one of the followiug certifications: Professional Development
Program II, Kinder Accreditation for Teachers or Movement Education and Learning
Development.)
Step 1
$15.67
Step 2
$16.57
Staff Specialist - H
Step 3
$17.S4
Step 4
$18.55
StepS
$19.63
Under limited supervision, performs professional work requiriug specialized knowledge
or training in a specific field in support of a City program or organizational unit. The
work performed is generally varied in character and similar to or equally complex to that
of a career position, but is not managerial. Salary to be dctcrmined -an hourlv rate
above $50mour must be approved by the Director of Human Resources before the City
extends an offer of employment.
Stock Clerk - H
Under supervision, performs a variety of inventory maintenance functions iucluding
receiving, storing, and delivering supplies. Includes maintaining and revie\'1ing
computerized iuventory records; performs other related work as required.
Step I
$14.86
Step 2
$15.72
Step 3
$16.64
Step 4
$17.59
Step S
$18.62
Swim InstructorlLifeguard - H
Monitors pool activities to enforce regulations and prevent accidents, rescue swimmers in
distress, conducts swimming lessons in accordance with American Red Cross or other
national recognized aquatics programs and performs other related duties as required.
Certificates in Lifeguard Training, First Aid and CPR required.
Step 1
$10.62
Step 2
$11.23
Technical Specialist - H
Step 3
$11.89
Step 4
$12.58
Step 5
$13.30
Under general supervision, responsible for work that requires technical skills associated
with one or more of the following areas: drafting/CAD, electronics, computer systems,
engineering, enviromnental science, or planning.
Step 1
$16.62
Step 2
$17.59
Step 3
$18.61
Theatre!Arts Professional I - H
Step 4
$19.69
Step 5
$20.83
Under general supervision, performs highly skilled jobs in support of performing and
visual arts. Examples would include exhibit design and installation, graphic design,
theater sccne, costume & lighting design and direction, studio supervision, etc.
Step 1
519.40
Step 2
$20.53
Step 3
$21.72
Theatre!Arts Professional II - H
Step 4
$22.98
Step 5
524.31
Under limitcd supervision, performs highly specialized jobs in support of performing and
visual arts. Examples would include exhibit design and installation, graphic design,
theater scene, costume & lighting design and direction, studio supervision, etc. Two
years of experienec equivalent to that of a Theatre! Arts Professional!.
Step 1
S23.62
Step 2
S24.99
Step 3
S26.44
Theatre/Arts Technician - H
Step 4
$27.97
Step 5
$29.60
Under supervision, performs paraprofessional and skilled support to a specific
performing or visual arts program area such as lighting, props, building, painting,
stitching -etc.
Step 1
$13.78
Step 2
$14.58
Theatre! Arts Aide - H
Step 3
$15.42
Step 4
$16.31
Step 5
$17.26
Under general supervision, performs general unskilled and some semiskilled tasks in
support of theater, arts and museum programs.
Step 1
$9.09
Step 2
89.62
Zoological Assistant -H
Step 3
$10.17
Step 4
$10.77
StepS
$11.39
Under supervision, performs assignments that assist in the maintenance, control, and
shelter of animals in the zoo and other City facilities. c
Step 1
$20.53
Step 2
$21.73
Step 3
$22.99
Step 4
$24.31
Step 5
$25.72