HomeMy WebLinkAbout2004-08-09 City Council (4)5
City of Palo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: HUMAN RESOURCES
AUGUST 9, 2004 CMR: 386:04
APPROVAL OF RESOLUTIONS AMENDING THE MERIT
SYSTEM RULES AND REGULATIONS TO ADOPT A
MEMORANDUM OF AGREEMENT WITH SERVICE
EMPLOYEES’ INTERNATIONAL UNION (SEIU), LOCAL 715 AND
ADOPTING A NEW COMPENSATION PLAN FOR SEIU
CLASSIFIED PERSONNEL
RECOMMENDATION
Staff recommends the following to Council:
Approve the attached resolution amending Section 1401 of the Merit System Rules
and Regulations to adopt a new Memorandum of Agreement between the City of Palo
Alto and the Service Employees’ International Union, Local 715 for an effective
period of May 1, 2004 to April 30, 2006.
Approve the attached resolution adopting a new Compensation Plan for SEIU
Classified Personnel, effective with the pay period including May 1, 2004 through
April 30, 2006.
BACKGROUND
The City’s agreement with Service Employees’ International Union, Local 715 (SEIU)
expired on April 30, 2004. The City has been meeting and conferring with SEIU since
March 1 regarding the terms and conditions of employment for this represented unit.
Following five months of negotiations, City staff and members of Service Employees’
International Union have reached an agreement within Council authorization, the details of
which are contained in the attached Memorandum of Agreement. Throughout the
negotiations, the City Management has been working to reduce the high cost of health
insurance and retiree medical costs through a number of cost containment measures with all
employee groups (Management and Professional, Fire, Fire Chiefs, SEIU and Police). These
CMR:386:04 Page 1 of 5
issues were key components of the negotiations with SEIU. The attached agreement contains
provisions which will reduce the City’s future medical costs and overall liability through a
new 20 year vesting eligibility requirement for future hires and a cap on PERS Care
enrollment levels.
DISCUSSION
Key items in the proposed agreement include:
1. Salary
a) 0% salary for the first year of the contract
b) The cement finisher and cement finisher lead classifications will receive 7.4%
effective 5-1-04.
c) Two facilities maintenance lead classifications will be adjusted 21% to retain the
7% lead differential above the pay step of the highest paid employee on the crew,
as provided for in the contract effective May 1, 2004.
d)The positions listed below will receive the following equity adjustment effective
January 1, 2005.
Traffic Control Maintenance I 5 %
Traffic Control Maintenance II 5%
Traffic Control Maintenance II Lead 5 %
Street Maintenance Assistant 5%
Equipment Maintenance Service Person 5%
Communications Technician 10%
Senior Planner 3.5 %
Storekeeper 4%
Storekeeper Lead 4%
Utilities Account Representative 7.5%
Parking Enforcement Officer 1.5%
Parking Enforcement Officer Lead 1.5%
Park Ranger 1.5%
Senior Ranger 1.5%
Cement Finisher 6.9%
Cement Finisher Lead 6.9%
e) 3% salary increase to all classifications effective May 1, 2005
CMR:386:04 Page 2 of a
f) 1% realignment adjustment to all classifications effective January 1, 2006
City will pay 100% of the costs associated with all health care plans, including any
increases during the term of this agreement, subject to the provisions below:
Up to 17 employees, as determined by the Union, currently enrolled in PERS Choice
may enroll in PERS Care during the 2004 open enrollment period. In doing so, they
shall receive no stipend. No other employee may enroll in PERS Care during the term
of this contract.
o
Employees currently enrolled in PERS Care who change to any other medical plan
during the 2004 open enrollment period will receive a monthly taxable stipend
commencing January 1, 2005 of:
$100 - Single
$200 -Employee, plus one
$300 - Family
Employees currently enrolled in PERS Choice, who remain in PERS Choice during
the subsequent enrollment periods, shall receive a monthly taxable stipend of:
$50 - Single
$100 - Employee, plus one
$150 - Family
Employees who elect to waive the City of Palo Alto health insurance due to
alternative health coverage will receive cash payments of approximately half of the
"average monthly premiums" for their medical insurance coverage as follows:
One Party:: $160.00
Two Parties: $315.00
Family: $410.00
SEIU employees hired after January 1, 2005 will be subject to the PERS 20 year
vesting retiree health program as set forth in Government Code section 22825.5. Such
employees are eligible for 50% of the specified employer health premium contribution
after 10 years of service credit, provided at least 5 of those years were while employed
with the City of Palo Alto. After 10 years of service credit, each additional service
credit year increases the employer contribution percentage by 5%; at 20 years’ service
credit year, the employee will be eligible upon retirement for 100% of the specified
employer contribution and 90% of their dependent coverage. The City of Palo Alto’s
health premium contribution for eligible post January 1, 2005 hires shall be the
minimum contribution set by PERS under section 22825.5 based on the weighted
CMR:386:04 Page 3 of 5
average of available health plan premiums.
The City and Union agree to reopen the contract in April 2005 to discuss health
insurance coverage and the possibility of a PERS pension enhancement to
2.7% @ 55. If the parties do not reach an agreement on the reopener issues prior to
May 1, 2005, negotiations will cease and the agreement will continue, status quo, until
normal expiration.
6.Amend "vacation cash out" language to allow employees to cash out up to one
hundred twenty hours of accrued vacation.
7.Amend language to commute program to reflect CAL Train zoning changes and
eliminate voucher program.
8. Reduction and clarification in City-paid meals for overtime.
9. Bilingual premium and program parameters developed.
10.An Alternative 4/11 Work Schedule for Public Safety Dispatchers will be evaluated
for a 24-month period.
11.The City will eliminate one vacant Communications Technician position and contract
out related job duties and retain the other budgeted Communication Technician
position.
12.The Union and the City have agreed to facilitate a voluntary furlough wherein. SEIU.
Local 715 represented employees receive furlough time off during the 2004-05 fiscal
year in exchange for a salary reduction, in order to save the City a one time amount of
$480,000 and to mitigate the possibility of a reduction in City services and layoffs in
personnel.
13.Modification to various language sections of the contract relating to recognition,
union security, discrimination, stewards, pay practices, certifications, bereavement
leave, military leave, unpaid leaves and the grievance procedure.
RESOURCE IMPACT
The annual cost for the proposed SEIU compensation plan increase is estimated to be
$2.4 million, with the main component being the 3 percent salary increase effective May
1, 2005. The General Fund portion of this increase is estimated tobe $1.7 million. The
2004-05 Adopted Budget will be amended at midyear to fund the $0.3 million May - June
expense related to this agreement. The 2005-06 proposed budget will also include $2.2
CMR:386:04 Page 4 of 5
million in additional salary expense as a result of this agreement. Voluntary furlough
savings ($0.5 million) will not continue beyond fiscal 2004-05, therefore subsequent
years will result in higher net costs.
POLICY IMPLICATIONS
This recommendation is consistent with existing City policies.
ENVIRONMENTAL REVIEW
This action does not require an environmental review.
ATTACHMENTS
A. Resolution Amending Section 1401 of the Merit System Rules and Regulations
B. Resolution Adopting a Compensation Plan for Classified Personnel (SEIU)
PREPARED BY: Helen Del Grosso, Manager of Employee Relations and Compensation
DEPARTMENT HEAD:
LESLIE LOOMIS
Director of Human Resources
CITY
Assistant City Manager
CMR:386:04 Page 5 of 5
ATTACHMENT ~A"
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES
AND REGULATIONS REGARDING THE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND LOCAL
715A,SEIU, AFL-CIO,CLC
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION i. Section 1401 of the Merit System Rules and
Regulations is hereby amended to read as follows:
"1401. Memorandum of agreement incorporated by
reference. That certain memorandum of agreement
by and between the City of Palo Alto and Local
715A, SEIU, AFL-CIO, CLC, consisting of a Preamble
and Articles I through XXVII and Appendices A
through I, attached thereto and incorporated
therein, for a term commencing May i, 2004, and
expiring April 30, 2006, is hereby incorporated
into these Merit System Rules and Regulations by
reference as though fully set forth herein. Said
memorandum, as amended, shall apply to all
employees in classifications represented by said
Local 715A, SEIU, AFL-CIO, CLC, except where
specifically provided otherwise herein.
In the case of conflict with this chapter and any
other provisions of the Merit System Rules and
Regulations, this chapter will prevail over such
other provisions as to employees represented by
said Local~ 715A, SEIU, AFL-CIO, CLC."
SECTION 2. The changes provided for in this resolution
shall not affect any right established or accrued, or any offense
or act committed, or any penalty of forfeiture incurred, or any
prosecution, suit, or proceeding pending or any judgment rendered
prior to the effective date of this.resolution.
//
//
//
//
//
//
040723 sm 8120488
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:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Senior Asst. City Attorney
Director of
Administrative Services
Director of Human Resources
040723 sm 8120488 2
May 1, 20044 - April 30, 20046
Dear City Employee:
The Memorandum of Agreement contained herein has been negotiated between Local 715,
Service Employees’ International Union, AFL-CIO/CLC, and the City of Palo Alto. The
Agreement contains information about wages, hours and fringe benefits as well as the terms
and conditions of employment for classification within the representation unit.
We hope you will keep this Memorandum of Agreement for reference as needed and
familiarize yourself with its contents.
CITY HUMAN RESOURCES DEPARTMENT
City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
(650) 329-2534
FAX: (650) 329-2696
LOCAL 715, SEIU
891 Marshall Street
Redwood City, California 94063
(650) 365-8715
FAX: (650) 365-7956
TABLE OF CONTENTS
ARTICLE I - RECOGNITION
Section 1 ...........................................................................................1
Section 2 ...........................................................................................1
ARTICLE II - NO DISCRIMINATION
Section 1 ............................................................................................1
Section 2 .........................................................................................4- 2
ARTICLE III- UNION SECURITY
Section 1. Notice ...............................................................................2
Section 2. Agency Shop ........................................................................2
Section 3. Documentation Insurance. .............~ 4
Section 4. Payroll Deduction ..................................................................4
Section 5. Bulletin Boards and Departmental Mail ..4
Section 6. Access to Union Representatives ................................................4
Section 7. Meeting Places ....................................................................4 5
Section 8. Notification to the Union. "... 4 5
Section 9. Union Logo .........................................................................5
Section 10 .........................................................................................5
Section 11 ......................................................................................5
~ ,~t-~ ,~ 1") ......5 ~
Section-l-3 12. Job Postings ....................................................................5
Section 13. Contracting Out.,;..: .......~ ....~ ............... ........: ...... .......:,, ..!.6
ARTICLE IV - STEWARDS
Section 1 .......................................................................................g-6
Section 2 .......................................................................................g-6
Section 3 .........................................................................................6
Section 4 .......................................................................................6 7
Section 5 ........................................................................................6 7
Section 6 ........................................................................................6 7
Section 7 ...........................................................................................7
ARTICLE V - REDUCTION IN FORCE
Section 1 ........................~ ...............................................................6 7
Section 2 .........................................................................................6 7
Section 3 ........................................................................................-~ 7
Section 4 ........................................................................................;~ 8
Section 5. Re-Employment List ............................................................:~ 8
Section 6 ........................................................................................;~ 8
Section 7 ........................................................................................:~ 8
Section 8 ........................................................................................:~ 8
ARTICLE VI - PERSONNEL ACTIONS
Section 1. Probation ..........................................................................:~ 9
Section 2. Personnel Evaluations ...........................................................8 9
Section 3. Personnel Files ...................................................................8 9
Section 4. Release of Information .........................................................8 10
Section 5. Promotional Opportunities .....................................................8 10
Section 6 ......................................................................................4-0 11
Section 7. Apprentice Positions ...........................................................4-0 12
Section 8 .....................................................................................40 12
ARTICLE VII - PAY RATES AND PRACTICES
Section 1 ......................................................................................44 12
Section 2. Step Increases ...................................................................4-4 16
Section 3. Working Out of Classification ........................................ .......4-4 16
Section 4. Classification Changes .......................................................4-5 17
Section 5. Job Re-Evaluation ............................................................-1-5 17
Section 6. Advance of Vacation Pay .....................................................4-5 17
Section 7. Assignment to a Lead Position ..............................................-1-5 t7
Section 8. Realignments and Survey Data Base .......................................4-5 17
ARTICLE VIII - HOURS OF WORK, OVERTIME, PREMIUM PAY
Section 1. Work Week and Work Day ...................................................46 18
Section 2. Overtime Work ................................................................46 18
Section 3. Work Shifts ...................................................................~ .4-7- 19
Section 4. City-Paid Meals ................................................................4-~ 19
Section 5. Break Periods ..................................................................4-9 21
Section 6. Clean-up Time .................................................................4-9 21
Section 7. Standby Pay, Call-Out Pay.. i ................................................4-9 21
Section 8. Night Shift Premium .........................................................-2-0 22
Section 9. Bilingual Premium ........~ ...................................................-2-0 22
ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES
Section 1. Uniforms ........................................................................L~ 22
Section 2. Tool Allowance ...............................................................L~ 25
iii
Section 3. Safety Shoe Allowance ......................................................g-3 25
Section 4. Certifications ..................................................................2-3 25
Section 5. Weather Protection ................ ...........................................24 27
ARTICLE X - HOLIDAYS
Section 1. Fixed Holidays.. ...............................................................24 27
Section 2. Pay for Fixed Holidays .......................................................-2--5 28
Section 3. Work on Fixed Holidays .....................................................2-5 28
Section 4. Variations in Work Week ....................................................2-5 28
Section 5. Floating .Days Off. ............................................................2-5 28
ARTICLE XI - VACATIONS
Section 1 ....................................................................................2-6 29
Section 2. Holiday Falling During Vacation ..........................................-2-7 30
Section 3. Illness During Vacation ......................................................2-7 30
Section 4. Accrued Vacatio~a Pay for Decreased Employees ........................2-7 30
Section 5. Effect of Extended Military Leave .........................................2-7 30
Section 6. Vacation at Termination .....................................................-2--7 30
Section 7. Vacation Cash Out ..........................., ................................2-7- 30
ARTICLE XII - LEAVE PROVISIONS
Section 1. Sick Leave .......................................................................2-7 30
Section 2. Bereavement Leave ............................................................-2-8 31
Section 3.
Section 4.
Section 5.
Military Leave ..................................................................2-8 31
Leave Without Pay .............................................................2-8 32
Jury Duty and Subpoenas ......................................................2-9 32
iv
Section 6. Time Offto Vote ...............................................................g9 32
Section 7 .......................................................................................-2-9 33.
Section 8. Personal Business Leave Chargeable to Sick Leave .....................~0 33
Section 9 .....................................................................................~0 33
ARTICLE XIII- WORKERS’ COMPENSATION INSURANCE
Section 1. Industrial Temporary Disability .............................................~,0 33
Section 2. Vocational Rehabilitation for Permanently Disabled Employees ......~0 33
ARTICLE XIV - BENEFIT PROGRAMS
Section 1. Health Plan ..................................................................~0 34
Section 2. Dental Plan ...................................................................~d- 36
Section 3 .....................................................................................~ 36
Section 4 .....................................................................................~a. 36
Section 5. Basic Life Insurance ..........................................................~. 36
Section 6. Vision Care ....................................................................~ 36
Section 7. Deferred Compensation .................: ....................................~2~ 37
Section 8. Long Term Disability Insurance.. ...........................................~ 37
Section 9. Utility Discount ..............................................................~3g 37
Section 10. Effective Date of Coverage for New Employees ......................~ 37
Section 11. Dependent Care Assistance Program ....................................~ 37
Section 12. Tuition Reimbursement and Training Programs ................. ......~-3 37
ARTICLE XV - RETIREMENT
Section 1 .....................................................................................~-38
Section 2 .....................................................................................~4 38
Section 3 ....................................................................................7.4 38
v
Section 4 ....................................................................................g4 39
ARTICLE XVI - COMMUTE INCENTIVES AND PARKING
Section 1. Commute Incentive .........................................................~M 38
Section 2. Parking Lot Security - Municipal Service Center ......................~-5 40
Section 3 ....................................................................................g-5 40
ARTICLE XVII - PHYSICAL EXAMINATIONS .......................................;~5 40
ARTICLE XVIII - SAFETY
Section 1. Health and Safety Provisions ..............................................;~5 40
Section 2 ...................................................................................g6 40
Section 3. Safety Committees and Disputes .........................................g6 40
ARTICLE XIX- GRIEVANCE PROCEDURE
Section 1 ...................................................................................~-7 41
Section 2. Definition ....................................................................~ 41
Section 3. Conduct of Grievance Procedure ......................... ................~-7 42
Section 4. Grievance Procedure .......................................................~8 42
ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY
ACTION ............................................................................................ 40 44
ARTICLE XXI - NO ABROGATION OF RIGHTS .....................................44- 45
ARTICLE XXII - OUTSIDE EMPLOYMENT ........................... ................44- 45
ARTICLE XXIII - WORK STOPPAGE AND LOCKOUTS .....................¯ ......44- 45
ARTICLE XXIV - PROVISIONS OF THE LAW
Section 1 ...................................................................................4t- 46
Section 2 ...................................................................................44 46
Section 3 ...................................................................................44 46
vi
ARTICLE XXV- COST REDUCTION PROGRAMS ........44- 46
ARTICLE XXVI - REOPENERS
Section 1. Employer-paid Member Contributions ..................................4~ 46
ARTICLE XXVII - TERM ...................................................................4~ 47
APPENDIX A ....................................................................................44 49
APPENDIX B - APPRENTICESHIPS .......................................................48 53
APPENDIX C - ALTERNATIVE 4/11 WORK SCHEDULES ...........................~0 55
APPENDIX D - EXCEPTIONS TO STANDARD WORKDAY OR WORK WEEK.~I- 56
APPENDIX E .....................................................................................b-7- 62
APPENDIX F .....................................................................................~ 63
APPENDIX G ....................................................................................b9 64
APPENDIX H - VOLUNTARY FURLOUGH ..................................................65
APPENDIX I -RADIO SHOP CLOSURE ......................................................67
vii
20014-20046
MEMORANDUM OF AGREEMENT
City of Palo Alto and Local 715, SEIU, AFL-CIO, CLC
PREAMBLE
This Memorandum of Agreement is entered into by the CitY of Palo Alto (hereinafter referred to
as the City) and Local 715 Service Employees International Union, AFL-CIO, CLC (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 SEIU unit. This Memorandum of
Agreement is pursuant and subject to Sections 3500 - 3510 of the Government Code of the State
of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations.
ARTICLE I - RECOGNITION
Section 1. Pursuant to Sections 3500 - 3510 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 all regular full and
part-time employees in the classifications listed in Appendix A attached. This unit shall for
purposes of identification be titled the SEIU unit.
Section 2. No supervisor will perform the work of an employee in the SEIU unit provided that
there is an employee available who regularly performs such work. This does not preclude a
supervisor from performing work of a minor nature or during bona fide emergencies or on a
standby status when willing and qualified unit employees do not live within a reasonable
response time of their work location.
Supervisory personnel shall be called out to perform unscheduled work only when SEIU unit
employees are unavailable to perform such work or in cases of bona fide emergencies as defined
in Article VIII, Section 2. In cases of bona fide emergencies, SEIU unit employees shall be
called out to complete the necessary work after the immediate emergency situation has been
reasonably contained.
ARTICLE II - NO DISCRIMINATION
Section 1. 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 sex "an!es~
Fe era or
Section 2. The City and the Union agree to protect the fights of all employees to exercise their
free choice to join the Union and to abide by the express provisions of applicable State and local
laws.
ARTICLE III - UNION SECURITY
Section 1. Notice.
When a person is hired in any of the covered job classifications, the City shall notify that person
that the Union is the recognized bargaining representative for the employee and give the
employee a current copy of the Memorandum of Agreement.
When a group employee orientation is held for new employees of the bargaining unit, a union
representative may make a presentation to such bargaining unit employees for the purpose of
explaining matters of representation. The presentation shall not exceed 15 minutes.
Section 2. Agency Shop.
(a), eEvery em oyee in the
bargaining unit covered by this Memorandum of Agreement shall: (1) remain a member
in good standing of the Union; or (2) pay to the Union a monthly service fee, to be set by
the union in accordance with applicable law, in an amount not to exceed the standard
initiation fee, periodic dues, and general assessments of the organization; or, (3) in the
case of an employee who certifies that he/she is a member of a recognized religion, body
or sect which has historically held conscientious objection to joining or financially
supporting public employee organizations, pay a charity fee, equal to the service fee, to a
non-religious, non-l,abor charitable fund exempt from taxation under Section 501 (c)(3) of
the Intemal Revenue Code, chosen from one of the following three charitable
organizations agreed to by the City and the Union (or any successor organization(s)
agreed to by the City and the Union):
United Way of California
Community Health Charities
Environmental Federation of California
Union members may declare their intention to terminate Union membership by registered
letter, return receipt requested, to the Director of Human Resources and the Union only
during the 30-day period between 60 and 90 days prior to expiration of the Memorandum
of Agreement.
(b)-(-g) Employees who are newly hired into or who join the bargaining unit after rob:float:on
c~,~ A ........* shall elect one of the above payment deduction options byof this Agency ~’--~v ......~, ........
completing and submitting the Employee Election form within thirty (30) calendar days of
being hired into a classification covered by this MOA.
(c) (-e-)To qualify for deduction of the Charity Fee, the employee must certify to the Union
and City that he/she is a member of a bona fide religious body or sect that has historically
held conscientious objection to joining or financially supporting public employee
organizations. The employee is required to submit to the City and the Union a notarized
letter signed by an official of the bona fide religion, body, or sect certifying that person’s
membership.
Upon request, the City shall provide to the Union a report of payments made by
employees that qualify for the Charity Fee option in this subsection.
(d) (--f) The deductions in this Section shall not apply during any peliod where an employee is
in an unpaid status.
(e) (g-)-Involuntary Service Fee Deduction Process: The City shall deduct a service fee from
the salary of each bargaining unit member who has not authorized a dues deduction, service
fee deduction or charity fee in writing within the time stated in this Section, above. The
Union certifies that it has consulted with knowledgeable legal counsel and has thereby
determined that this involuntary service fee deduction process satisfies all constitutional and
statutory requirements.
(f) Agency shop may be rescinded only in accordance with the provisions of State law.
(g) (-i-) 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) 0-) Sign-up forms for deduction of union dues, service fees and charity fees shall be
provided by the Union and approved by the City.
Section 3. Documentation; Insurance.
The City shall supply the Union with:
(a) a monthly computer run of the names, membership status, addresses and classifications of
all bargaining unit employees except those who file written notice with the Human Resources
Department objecting to release of addresses, in which case information will be transmitted
without address; and
(b) a list of bargaining unit new hires, terminations and retirements which occurred during
the previous month.
The Union shall supply the City, and as applicable, the employees, with:
(a) documentation required by Government Code Section 3502.5 (f).
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 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 form acceptable to
the City and the Union, except as provided in Section 2(g e), above. The dues deduction form
shall include a check box for those employees who wish the Union to receive notification in the
event of unsatisfactory work, conduct, or disciplinary action taken pursuant to Article XX. City
shall remit the deducted dues or fees to the Union as soon as possible after deduction.
Section 5. Bulletin Boards and Departmental Mail. The Union shall have access to inter-
office mail, existing bulletin boards in unit employee work areas, and existing Union-paid "
telephone answering device for the purpose of posting, transmitting, or distributing notice or
announcements including notices of social events, recreational events, Union membership
meetings, results of elections and reports of minutes of Union meetings. Any other material must
have prior approval of the Human Resources Office. Action on approval will be taken within 24
hours of submission.
The Union may send email messages only for the purposes set forth above. The IT Department
will maintain the SEIU list and keep it current. The Union access to email is based on the
following conditions: 1) emails to the SEIU list will be copied to the Human Resource Director
at distribution; 2) emails to the SEIU list will only be sent by the SEIU Chapter Chair, Vice
Chair, Chief Steward(s) or Secretary, 3) a maximum of 52 emails may be sent per year and a
maximum of 12 emails may be sent by the SEIU Chapter Secretary.
Section 6. Access to Union Representatives. Representatives of the Union are authorized
access to City work locations for the purpose of conducting business within the scope of
representation, provided that no disruption of work is involved and the business transacted is
4
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 fight to reserve City meeting and
conference rooms for use during lunch periods or other non-working hours. Such meeting places
will be made available in conformity with City’s regulations and subject to the limitations of
prior commitment.
Section 8. Notification to the Union.
(a) General. The Union shall be informed in advance in writing by Management before any
proposed changes not covered by this Memorandum of Agreement are made in benefits, working
conditions, or other terms and conditions of employment which require meet and confer or meet
and consult process.
(b) Change in City’s Financial Situation. No layoffs are proposed in the FY 2004-05 buget.
Should the City’s financial situation deteriorate due to unforeseen economic conditions or State
take-aways, and the possibility of layoffs result, the City Manager will give prior notice to and
consult with the Union prior to recommending any layoffs to the City Council.
(c) Vacancies and Temporary Personnel. The City agrees to notify SEIU Local 715 in writing
when any irregular, temporary, hourly, provisional, special or extra help employee who
consistently performs work typical of the SEIU Local 715 bargaining unit exceeds 1000 hours of
work within a 18-month period. The City agrees to notify SEIU Local 715 in writing when any
position covered by this agreement is left vacant for more than 60 days.
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. The City shall make available to the Union in a timely manner copies of all City
Council meeting agendas, minutes and schedule of meetings. These materials may be picked up
at the City Clerk’s Office during business hours.
Section 11. 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 132. Job Postings.
The City shall incorporate the requirements of this Article when publicizing job announcements
for classifications covered by this Memorandum of Agreement.
Section 13. Contracting Out
The City. through the labor management process will 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 altematives to contracting out and meet and confer on the impact of
such contracting out of a bargaining unit employee work.
The City will notify the Union in writing when contracting out work which has been traditionally
performed by bargaining unit works, where such contracting out is expected to replace a laid off
bargaining unit position that has been eliminated within ninety (90) day’s 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
altematives. 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 per 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 IV- STEWARDS
Section 1. The Union agrees to notify the Director of Human Resources of those individuals
designe-dated as Union officers and stewards who receive and investigate grievances and
represent employees before Management. Altemates may be designated to perform steward
functions during the absences or unavailability of the steward.
Section 2. The number of stewards designated by the Union at a given time shall not exceed
t;;’er2y fiw (25) thirty-five (35).
Section 3. It is agreed that, as long as there is prior notice to the Supervisor with no disruption of
work, stewards shall be allowed reasonable release time away from their work duties, without
loss of pay, to 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
grievance.
(b) A meeting with Management.
(c) Investigation and preparation of grievances.
Grievances may be transmitted on City time.
All steward release time shall be reported on time cards.
Section 4. The Union agrees that the steward shall give advance notification to his/her supervisor
before leaving the work location, except in those cases involving emergencies where advance
notice calmot be given.
S6ction 5. Three Union officers, who are City employees, shall be allowed a reasonable amount
of release time off for purposes of meeting and conferring or meeting and consulting on matters
within the scope of representation. All such time will be reported on timecards.
Section 6. Union stewards may utilize space in assigned desks for storage of Union materials. In
the event stewards are not assigned desks the City will provide locker or other mutually
agreeable space for storage of Union materials.
Section 7. Six union officers, who are City employees shall be allowed a reasonable amount of
release time off for monthly Labor/Management Meetings.
ARTICLE V - REDUCTION IN FORCE
Section 1. In the event of reductions in force, they shall be accomplished wherever possible
through attrition.
Section 2. When the City determines that layoffs are imminent resulting from reduction in force
within the representation unit, the City will give the Union such advance notice as is reasonable
under the circumstances. The notice will indicate the departments and divisions, which will be
affected and the circumstances requiring the layoffs. The City will furnish the Union with a
current representation unit seniority list with notice of layoff.
Section 3. 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 in favor of the employee with the lowest employee number last four digits.
Employees laid off due to the above reasons will be given written notice at least thirty days prior
to the reduction in force. A copy of such notice will be given to the Union. Such employees shall
be offered priority employment rights to regular or 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 coaitribution refunds, if any.
Section 4. Employees identified for layoff who have seniority (bumping) rights to their current
or previously held classifications within the representation unit must declare their intention to
exercise these rights 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 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 two (2) years from the date of separation from City services or change of classification
through bumping. Upon re-employment within the two-year period, the employee’s hire date of
record at the time of layoff will be reinstated.
Section 6. If, pursuant to Section 2, the City is unable to offer a regular position to an employee
during the period beginning with notification of layoff and ending 60 days following layoff, the
City shall pay the employee a severance pay equal to one month’s salary at the employee’s final
rate of pay prior to termination.
Section 7. Employees laid off pursuant to Section 2 who are reinstated to a regular position
within sixty days shall retain the sick leave balance they had at the time of layoff, unless they
have received a sick leave payoff in accordance with Article XII. Upon reinstatement, the
employee’s hire date of record at the time of layoff will be reinstated.
Section 8. No representation unit employee will be laid off or remain on a re-employment list
when hourly employees are performing substantially all the duties of the classification of the
employee receiving a layoff notice, or on a re-employment list. This provision shall not be
applied to hourly positions which have been traditionally used for seasonal and part-time work.
ARTICLE VI - PERSONNEL ACTIONS
Section 1. Probation. Each new regular or part-time employee shall serve a probationary period
of six (6) months, (twelve (12) months for the classifications of Public Safety Dispatcher, Chief
Public Safety Dispatcher, Animal Control Officer, Communications Tech, Chief
Communications Tech, Community Services Officer, Court Liaison Officer, Crime Analyst,
Police Records Specialist, Property Evidence Technician, and Veterinarian Tech), commencing
with the first day of his/her employment. The probationary period shall be regarded as a part of
the testing process and shall be utilized for closely observing the employee’s work, for securing
the effective adjustment of a new employee to his/her 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 the
third month.
In the event of termination prior to successful completion of the probationary period, such
terminated employee shall be given written notice of 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 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 fights under this Memorandum of
Agreement, including full and complete access to the grievance procedure, save and except for
instances of suspension, demotion or termination.
Section 2. Personnel Evaluations. Personnel evaluations will be given to employees as
scheduled by Management, Personnel evaluations are not appealable through the grieTance
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 appeal shall be made in writing within ten (10) working
days following the review meeting.
Section 3. Personnel Files. Records of all disciplinary actions shall be kept in the central
personnel file. Employees shall be entitled to sign and date all action forms in their personnel
files. Employees are entitled to review their personnel files upon written request or to authorize,
in writing, review by their Union representatives. An employee or the Union shall be allowed,
upon reasonable request, copies of materials in an employee’s personnel file relating to a
grievance. Records of disciplinary actions, including references in a performance evaluation,
shall be removed from a personnel file upon written request by the employee or in the normal
process of file review after a period of three years, or sooner as mutually agreed by Management
and the employee.
Section 4. Release of Information. The City will only release information to creditors or other
persons upon prior identification of the inquirer and acceptable reasons for the inquiry.
Information then given from personnel files is limited to verification of employment, length of
employment and verification and disclosure of salary range information. Release of more
specific information may be authorized by the employee.
Section 5. Promotional Opportunities.
(a) Posting.
Promotional opportunities for classifications within the representation unit will be posted for
at least ten (10) working days (Monday through Friday) prior to selection.
Outside recruitment may be used for promotional openings and may begin at the time of
posting, or any time thereafter. If, however, there are three or more qualified internal
candidates within the department where the vacancy occurs, outside candidates will not be
considered.
(b) Internal Candidate Eligibility..
All non-probationary representation unit employees are eligible to apply for posted
promotional opportunities, except that Management may waive this requirement for all
probationary employees within the department where the promotional opportunity occurs.
(c) Selection.
The selection procedure for each promotional opening will be determined and administered
by the Human Resources Department in consultation with the requisitioning department.
Selection procedure and job description information will be available at the Human
Resources Office at the time of posting. Efforts will be made to standardize tests and
procedures where standardization is feasible and appropriate. Any tests used shall be
reasonably predictive of success in the classification, and tests not be biased with respect to
race, sex, sexual orientation, religion, creed, political affiliation, color, national origin,
ancestry, or age. Selection procedures may include any or all of the following phases:
(1) Application. Both inside and outside candidates -;;i!! mn2xe must complete a City of
Palo Alto application on forms specified by the Human Resources Department.
Applications must be submitted to the Human Resources Office.
(2) Screening. Applications will be screened by the Human Resources Department to
ascertain whether candidates meet minimum requirements as outlined in the job
description. Internal candidates deemed not to meet minimum requirements may submit
additional qualification information writing within three working days of notification of
requirement deficiency.
10
(3) Performance Testing. Performance tests, such as typing, machinery or vehicle
operation, skills demonstration, physical agility, etc., will be qualifying. Pass-fail points
will be announced in advance for qualifying tests. If requested in writing prior to the test,
performance test may be witnessed by Union steward.
(4) Written Tests. Written achievement or aptitude tests will be qualifying. Pass-fail
points will be announced in advance for qualifying tests.
(5) Interviews, Appraisals. Interviews may be conducted individually or by interview
boards and will be qualifying. Interview boards shall be composed of qualified and
unbiased people. Where interview boards are used, Management will include at least one
bargaining unit employee on each board. If individual interview or an interview board is
used, a majority of the individuals or board members must recommend a candidate in
order for the candidate to qualify for appointment. Performance appraisals written by
candidates’ supervisors may be used as indicated in the selection procedure.
(d) Recommended Candidates.
Candidates who successfully complete all phases of the selection procedure will be
recommended to the appointing authority.
(e) Seniority, for purposes of this Article, will be based on current service hire date of record
in a regular classification with no adjustment for leaves of absence. Seniority ties will be
determined in favor of the employee with the lowest employee number last four digits.
Exceptions to this subsection may be established by mutual agreement on a departmental or
divisional basis. Such exceptions are listed in Appendix G.
(f) Appointment.
The appointing authority will make appointments from among those recommended
candidates who are most qualified as determined by objective review of selection procedure
results and background materials. Where appointments are made from only internal
candidates who are equally qualified as determined by objective review of selection
procedure results and past performance, seniority will be the determining factor in
promotional appointments.
(g) Violations.
Any violation of this Article may be appealed to the Human Resources Director in Step III of
the grievance procedure. ’
Section 6. Unit employees applying for a vacant equal or lower paying position shall have the
same fights as unit employees applying for a promotion.
Section 7. Apprentice Positions.
11
(a) The City shall establish apprentice positions wherever feasible. Length of apprenticeship,
type of training, and pay levels shall be by mutual agreement. Where possible, apprentice
positions will underfill regular positions so that incumbents may automatically progress to
the classification for which they are training upon successful completion of apprenticeship.
The City will meet and confer with the Union before adding any new apprenticeship
programs during the term of this agreement. All apprenticeship programs are listed in
Appendi:~ B.
Section 8. In assigning employees to regular or special shifts, transfer, standby, overtime, or
vacation selection, ability to perform the work, length of service and/or equitable rotation shall
determine the assignments. In accordance with this provision, more definitive rules may be
arranged by mutual agreement of the Union and individual City departments.
ARTICLE VII - PAY RATES AND PRACTICES
Section 1.
,.,.,i!! b ....l~..n ,~. ~1~ o~.oo;~.~.~,~..,o ~- ,~. .........,~,z .....~* Salary increases will be as
follows:
(a)
(b)
(c)
(d)
(e)
0% for the first year of the contract
Effective with the pay period including May 1, 2004, cement finishers will receive
realignment of 7.4%.
Effective with the pay period including July 1, 20004, two facilities maintenance lead
classifications will be adjusted 21% to retain the 7% lead differential above the pay step
of the highest paid employee on the crew.
The cement finisher and cement finisher lead classifications will receive an additional
adjustment of 6.9% effective January 1, 2005.
The positions listed below will receive equity adjustments effective with the pay period
including January 1, 2005.
Traffic Control Maintenance I 5%
Traffic Control Maintenance II 5%
Traffic Control Maintenance Lead 5%
Equipment Maintenance Service Person 5%
Street Maintenance Assistant 5%
Communications Technician 10%
Senior Planner 3.5%
Storekeeper 4%
Storekeeper Lead 4%
12
Utilities Account Representative 7.5%
Parking Enforcement Officer 1.5%
Parking Enforcement Officer Lead 1.5%
Park Ranger 1.5%
Senior Ranger 1.5%
(f) (-a-) Effective with the pay period including May 1, ~ 2005, a -1-0 3% increase ~
~,.. o,~,.o÷,~..~..,~ at the Fifth Step will be applied to all classifications in the
representation unit.
(g) Effective with the pay period including May January 1, g9Ot- 2006, the ~,~.11.,,_., .... ,,
..~;.,~,,~.~.., ......, ........,~.~ .,.;,r, ,~.o ~ no/_ ; .......1% i fo alignm ill,,.,.,j .......................~, ....................~, .........a norease r re ent w
be applied to all classifications in the represented unit.
13
15
h) d) Salaries for all represented classes during the term of this agreement are listed in
Appendix A.
Section 2. Step Increases. Merit advancements from the first salary step to the second salary
step shall be granted at six-month intervals and between second and subsequent steps at one-year
intervals, if the affected employee has demonstrated continued improvement and efficient and
effective service. For the purpose of determining step time requirements, time will commence on
the first day of the month coinciding with or following entrance onto a salary step. Step increases
shall be effective on the first day of the payroll period in which the time requirements have been
met.
Section 3. Workin~ Out of Classification. The term "working out of classification" is defined
as a Management authorized full-time assignment to a budgeted position on a temporary basis
wherein all significant duties are performed by an individual holding a classification within a
lower compensation range. Pay for working out of classification shall be as follows:
(a) Employees appointed to unfilled requisitioned positions on an "out of classification" basis
will receive acting pay within the range of the higher classification beginning the first day of
the assignment. Where out-of-class appointments last for more than 90 days, and whenever
feasible, out-of-class appointment will be rotated among qualified interested employees in
the work group.
16
(b) Employees appointed to a position for vacation, sick leave or other leave of absence
coverage will receive acting pay within the range of the higher classification after two days
of assignment in the acting position cumulative over the agreement year (May 1 to May 1).
The step within the range of the higher classification will be the step at which the employee
would be paid 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.
Section 4. Classification Changes.
(a) During the course of this agreement, the Union and affected employees shall be notified
in advance of any contemplated changes in classification description, and such changes shall
be subject to the meet and confer process during the term of this Memorandum of
Agreement. If the Union and the City cannot reach agreement on the appropriate pay level
from a job so reclassified, the classification shall revert to its former status.
Section 5. Job Re-Evaluation.
(a) During those years in which negotiations do not occur due to multi-year agreements, an
employee or his/her representative may request in writing a re-evaluation of his/her job based
on significant changes in job content or significant discrepancies between job content and
classification description. The request must contain justification and may be made only
during the period,_,~,_,,~,~.l~,,~,-~" r, .... ~-’~" 19 ~’~l,~.,~,~,.~" ~.-,~,*~.~T ....... 1~,,c~ September 10 through October 10. A
statement by management that a job re-evaluation request will be submitted with the
departmental budget does not relieve an employee from the responsibility of submitting
his/her own request during this period. The Administrator of Compensation will respond to
such requests in a timely manner. If meetings are held, the employee may request
representation. Any changes determined will become effective the first pay period of the
following fiscal year, or the job will be returned to its previous status.
Section 6. Advance of Vacation Pay. Vacation pay shall be made available in advance of
regular pay day, provided that employee requests such advance in writing to the Finance
Department at least two weeks prior to his/her vacation date. The employee’s supervisor must
verify vacation date on the request.
Section 7. Assignment to a Lead Position. All vacancies in lead positions shall be filled in
accordance with Article VI, Section 5. The pay range for the lead position shall be seven percent
above the pay step of the highest paid employee on the crew. Departmental exceptions for filling
lead positions on a rotational basis for training and development purposes may be arranged by
mutual agreement of the Union and individual City departments. Current exceptions are listed in
Appendix C.
Section 8. Realignments and Survey Data Base
17
(a) Management and the Union have agreed to a compensation survey data base structure
Which identifies specific benchmark classifications, tie classifications, agencies to be
surveyed and survey classification matches. The data base is intended to eliminate duplicate
efforts in surveying and attendant data disputes. The survey data base will be updated by
Management and a copy sent to the Union six weeks prior to the expiration of this
agreement. This survey will become the basis for special adjustment proposals in successor
agreement negotiations. By agreeing to a survey data base, neither Union nor Management is
under obligation to propose or agree to special adjustments.
(b) At the request of either party, Management and the Union may periodically review the
data base structure. Application for realignment review must be made no later than December
4-5 October 10th of the year before contract expiration. Such review may include examination
of tie classifications based on salary survey or other objective data.
ARTICLE VIII - HOURS OF WORK, OVERTIME, PREMIUM PAY
Section 1. Work Week and Work Day. The standard workday for regular employees shall be
eight hours to be worked within a maximum of nine hours (five-day work week) or ten hours to
be worked within a maximum of eleven (four-day work week) or nine hours to be worked within
a maximum of ten for four days with a fifth day of four hours (four and one-half day work
week); or, within a fourteen-day period, nine hours to be worked within a maximum of ten hours
for eight days and eight hours to be worked within a maximum of nine hours for one day, with
the work week scheduled to begin so that forty hours are worked within each seven days of the
fourteen-day period (9/80 plan, with forty-hour work weeks), or any other schedule that results in
a 40-hour work week, or fits within the parameters of an FLSA 2080 Plan. The "9/80 plan" may
not be used in any application that requires entitlement to FLSA overtime for working the
regular work week. With the exception of the "9/80 plan" as described above, the standard work
week shall be forty hours to be worked within five consecutive days. Additional exceptions to
the above are listed in Appendix D. The Union shall be notified of any further exceptions to this
section in accordance with Article III, Section 8.
During the term of this agreement, employees, subject to the conditions of their job assignment,
may propose an alternate work schedule as listed under this Section. Such proposals must be
made to the department head through the immediate supervisor. Serious consideration will be
given to the feasibility and productivity of such proposals, however Management retains the fight
to determine scheduling needs.
Section 2. Overtime Work.
(a) Overtime work for all unit employees shall be defined as any time worked beyond the
standard workday or beyond the standard work week. Emergency overtime is defined as
unplanned overtime work arising out of situations involving real or potential loss of service
or property or personal danger. Emergency overtime does not include:
18
(i) overtime work resulting from personnel replacement for purposes of maintaining
scheduled staffing;
(ii) overtime work which is planned in advance;
(iii) overtime work resulting from being held over for up to four hours to finish work
performed during the regular shift.
(b) Compensation to employees working overtime will be in the form of additional pay at the
rate of one and one-half times (two times for billable customer convenience overtime and
emergency overtime as defined in subsection (a) above) the employee’s basic hourly salary
with the exception that an employee may request and, upon approval, be granted
compensatory time off at the rate of one and one-half hours for each hour of overtime
worked, subject to the limitations of applicable state and federal .laws.
In the event compensatory time off is used as the method of compensating for Overtime, the
time off will be taken prior to the end of the quarter following the quarterin which the
overtime has been worked. In the event the employee is denied this provision, he/she will be
compensated in pay for such time at the appropriate rate specified by these sections, or at the
employee’s option, the earned compensatory time will be added to the employee’s vacation
balance.
(c) All time for which pay is received shall count as hours actually worked for the
computation of regular overtime pay; however, non-productive time will not be included in
computation of any additional FLSA premiums.
(d) When an employee is required to work 6 or more hours of overtime (either emergency or
pre-arranged) during the 16 hour period immediately preceding the beginning of the
employee’s regular shift on a workday, the employee shall be entitled to an eight-hour rest
period before returning to work. If the rest period overlaps into the second half of the work
day, the employee may be given (with supervisor approval) the remaining time off (up to a
maximum of 3 hours) at the straight time rate of pay. Any portion of the rest period falling
within the employee’s Work shift will be considered as hours worked and compensated at the
straight time rate.
(e) If non-emergency overtime is canceled without at least 40 clock hours notice, the City
shall pay the affected employees two (2) hours’ pay at time and one-half.
(f) Employees working overtime who are too fatigued to continue or return to work, for
safety reasons will be released from duty without compensation.
Section 3. Work Shifts. All employees shall be assigned to work shifts with scheduled starting
and quitting times. Should conditions necessitate a change in starting and quitting times, the
Union will be notified ten (10) working days in advance and permitted to discuss such changes
with the City. This, however, shall not preclude the City’s right to effect schedule changes
dictated by operational necessity. This section does not apply to overtime scheduling.
19
Section 4. City-Paid Meals.
(a) Emergency overtime meals. For purposes of this section, emergency overtime is
defined as unplanned overtime arising out of situations involving real or potential loss of
i p p rty 1 dserv ce or ro e or persona, anger ........
The City agrees to reimburse for meals in the amount of
$10 for breakfast, $15 for lunch, and $20 for dinner and will provide meals in the following
emergency overtime situations:
(1) When an employee is called back and is on duty for a period of three consecutive
hours, and thereafter at intervals of five hours, but not more than six hours, until the
continuous overtime assignment ends.
(2) When an employee is held over on duty so that his/her overtime assignment extends
two hours after shift end, and thereafter at intervals of five hours, but not more than six
hours, until the continuous overtime assignment ends,
(3) When an employee is called out two hours or more before a regularly scheduled day
shift and works the regularly scheduled shift, he/she will be entitled to breakfast and
lunch. Lunches will be consumed on employee’s own time. No in-lieu pay will be made
for meals not taken.
(4) When recalled two hours or less after the end of a regular shift, unless assigned to
standby.
(b) Non-emergency overtime meals. The City will provide meals for personnel assigned to
non-emergency overtime work where the assignment extends more than two hours after the
regular or overtime shift end and at intervals of five hours thereafter.
() With regard to (a) and (b) above, the.City agrees to reimburse for meals in the amount of
$10 fob akfast $15 forlu ch and $20 fo dinner ~11 .~ol ...... ;a~a or,~u ~, ........ r.l,~
o..ko,~..,,~o ,... ,~ ....~ ....., .....~ .....~o ~ere ossible, City...................... v.w .....~ ............p the will ~ange purchase
orders at mutually ageeable restaurants. ~e time necessarily t~en to consume a meal
provided under this section shall be considered as time worked to a maximum of one hour,
except as noted in (a) (3).
(d) With regard to (a) and (b) above, in the event an employee is to be provided a meal or
meals pursuant to this section and such meal(s) are not provided due to working conditions,
the employee shall have the option of receiving for each meal not provided an additional one
hour of overtime compensation in lieu of such meal. This hour will not be considered as time
worked or part of the rest period, but will be applied to qualify for the rest period.
(e) Emergency overtime meals for Public Safety, Dispatchers. The Police Department will
provide meals to employees in an emergency overtime situation involving real or potential
loss of service or personal danger.
20
(1) When an employee is called back and is on duty for a period of three consecutive
hours, and thereafter at intervals of five hours, but not more than six hours, until the
continuous overtime assignment ends.
(2) When an employee is held over on duty so that hisser overtime assignment extends
two hours after shift end, and thereafter at intervals of five hours, but not more than-six
hours, until the continuous overtime assignment ends.
(3) When an employee is called out two hours or more before a regularly scheduled shift.
The employee will be entitled to two meals, the second meal will be consumed on the
employee’s own time. No in-lieu pay will be made for meals not taken.
(4) When recalled two hours or less after the end of a regular shift, unless assigned to
standby.
(f) Non-emergency overtime meals for Public Safety, Dispatchers. The Police
Department will provide meals to employees in non-emergency situations where the
assignment extends more than two hours after the regular or overtime shift end and at
intervals of five hours thereafter. This policy only applies when an employee is held over,
either voluntary or mandated, on duty beyond a scheduled regular or overtime shift.
(g) If due to working conditions the Communications Unit is unable to provide a meal to
which an employee is entitled, he or she has the option of receiving one hour of overtime
compensation.
Section 5. Break Periods. All employees shall be granted a break period or coffee break limited
to 15 minutes during each four hours of work. Departments may make reasonable rules
concerning break period scheduling. Break periods not taken shall be waived.
Section 6. Clean-Up Time. All employees whose work causes their person or clothing to
become soiled shall be provided with reasonable time before lunch and at shift end for wash-up
purposes.
Section 7. Standby Pay, Call-Out Pay.
(a)Standby Compensation. Employees performing standby duty shall be compensated at
the daily rates established below:
Monday through Friday
Saturday, Sunday, Holidays
$50
$73
21
(b) Minimum Call-Out Pay.
Employees not otherwise excluded from receiving overtime pay who are called out to
perform work shall be compensated for at least two hours’ pay from the time of the call-
out for each occurrence at the appropriate overtime rate. The two-hour minimum does not
apply to employees called out to work while earning pay for being in a standby status
unless called out to perform billable customer convenience work in which case the two-
hour minimum will apply.
Section 8. Night Shift Premium. An additional $1.30 per hour effective with the pay period
including May 1, 2001, and $1.37 per hour effective with the pay period including May 1, 2002
and $1.44 per hour effective with the pay period including May 1, 2003, night shift premium
shall be paid to employees for work performed between 6:00 p.m. and 8:00 a.m. A minimum of
two hours must be worked between 6 p.m. and 8:00 a.m. to qualify for the premium. Employees
who regularly work night shifts shall receive appropriate night shift premiums, relating to night
shift hours worked, in addition to base pay for holidays, sick leave and vacation.
Section 9.ual Premium. During
$35 per pay period shall be paid to a bilingual employee whose abilities have been determined by
the Human Resource Director as qualifying to fill positions requiring bilingual speaking and/or
writing ability when the employee regularly performs such duties.
The Human Resource Director will determine the number, timing, location and duration of the
assignments receiving the additional pay provided herein and which languages are needed. Sign
language shall be recognized as a bilingual skill under this Article. Disagreements over the
designation of positions will be referred first to the Labor Management Committee. If a
disagreement still exists it wilt be referred to the Grievance Procedure,
ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES
Section 1. Uniforms.
(a)The City will provide uniforms, coveralls or shop coats on a weekly basis, or as
otherwise furnished, for the following jobs and/or classifications:
Police Records Specialist (Uniform specifications and implementation details subject to
mutual agreement)
Animal Control Officer
Assistant Storekeeper
Auto Service Mechanic
22
Building Service Person - Lead
Building Service Person
Cement Finisher - Lead
Cement Finisher
Chemist
Community Service Officer (Traffic)
Engineering Technician III- Refuse
Equipment Operator
Equipment Operator - Lead
Facilities Carpenter
Facilities Electrician
Facilities Maintenance - Lead
Facilities Mechanic
Facilities Painter
Field Serviceperson
Gang Mower Operator
Gang Mower Mechanic
Gas System Shop/Field Repairer
Golf Course Equipment Mechanic
Golf Course Maintenance Person
Greenskeeper
Heavy Equipment Operator - Lead
Heavy Equipment Operator
Industrial Waste Inspector
Industrial Waste Investigator
Instrumentation Electrician
Laboratory Technician, Water Quality Control
Mail Services Specialist
Maintenance Mechanic, Water Quality Control
Mechanical Unit Repairer
Meter Reader
Meter Reader - Lead
Motor Equipment Mechanic - Lead
Motor Equipment Mechanic
Offset Equipment Operator - Lead
Offset Equipment Operator
Park Maintenance Assistant
Parking Enforcement Officer
Park Maintenance Person
Park Crew - Lead
Park Maintenance - Lead
Park Ranger
Parks & Open Space Assistant
Refuse Disposal Attendant
Senior Chemist
Senior Industrial Waste Inspector
23
Senior Instrumentation Technician
Senior Operator, Water Quality Control
Senior Mechanic, Water Quality Control
Senior Park Ranger
Sprinkler System Repairer
Street Maintenance Assistant
Storekeeper
Storekeeper-Lead
Street Sweeper Operator
Street Sweeper Operator - Lead
Traffic Control Maintainer - Lead
Traffic Control Maintainer II
Traffic Control Maintainer I
Tree Trimmer-Line Clearer
Tree Maintenance Assistant ~
Tree Trimmer-Line Clearer Assistant
Tree Trimmer-Line Clearer - Lead
Tree Maintenance Person
Truck Driver
Utility Field Service Representative
Utility Installer/Repairer
Utility Installer/Repairer Assistant
Utility Installer/Repairer - Lead
Water Meter Repairer
Water Meter Repairer Assistant
Water Transmission Operator - Lead
Water Transmission Operator
Water Quality Control Plant Operator
(b) Coveralls will be made available for occasional use as needed to protect clothing for the
following classifications:
Building Inspector
Building Inspector Specialist
Building Service Person - Lead
Cable Splicer Assistant
Chief Electric Underground Inspector
Electrical Assistant
Electrician
Facilities Mechanic/Painter
Gang Mower Mechanic
Gang Mower Operator
Heavy Equipment Operator
LinepersordCable Splicer
Park Ranger
Senior Park Ranger
24
Utility Field Service Representative
Sprinkler System Repairer
Utility Installer Assistant
Utility Installer/Repairer
Utility Installer/Repairer - Lead
(c) Employees required to wear uniforms shall be provided suitable change rooms and-
lockers where presently provided.
(d) Employee clothing seriously damaged or destroyed in conjunction with an industrial
injury will be reasonably replaced by the City. Any other claims alleging City liability may
be filed with the City Attorney.
(e) The City will make available, as an alternative to the orange shirts currently provided
under Section 1 (a), six (6) orange cotton polo shirts. Employees will be responsible for
laundering the shirts. Damaged or otherwise unwearable shirts will be replaced by the City.
(f) Employees are responsible for laundering Park Ranger and Senior Park Ranger uniforms.
Section 2. Tool Allowance.
(a) Mechanics in Equipment Maintenance shall be paid an annual tool allowance of $550,
effective with the pay period including May 1, 2001, and $580, effective with the pay period
including May 1, 2002; and $610 effective with the pay period including May 1, 2003.
(b) All tool allowances shall be paid bi-weekly.
Section 3. Safety Shoe Allowance. The City shall reimburse employees 75 percent of the cost of
job-related safety shoes upon verification of such purchase by the employee.
Section 4. Certifications. Employees who are required to maintain commercial driver’s licenses
¯ shall_have costs for medical examinations paid by:
(a)Completing an examination through their PEMHCA provider. After benefits have been
paid by the PEMHCA provider, upon presentation of proper documentation, the City will
reimburse any remaining costs, or
(b)Completing an examination at the D.~ A 1~. ~n,~n;~,~l v .... n,~;.., t~
Se ...... Workforce Medical clinic or other City designated clinic.
Employees may use paid leave for attendance at scheduled medical examinations.
(c) The City will pay special registration and/or certification fees which are required by
Management. During the term of this agreement, the City and the Union may, by mutual
agreement, review, add or delete classifications and/or required certifications listed below:
25
Classification
Auto Svc Mech
Bldg Inspec Spec
Cathodic Technician
Engineer
Equip Maint Serv Pers
Golf Course Maint Pers
Indust Waste Inspector
Mech Unit Repairer
¢lotorized Equip Mech
and Lead
Public Safety Dispatcher
Public Safety Dispatcher,
Chief
Sr Operator, WQC
Surveyor, pw
Tree Trimmer/Line Clearer
?ree Trimmer/Line Clearer-
Lead
Util Install/Rep series
Veterinarian Tech
~ater System Operator I
Water System Operator II
Senior, Water System
Operator
WQC Plant Oper I
WQC Plant Oper II
Requirement
Emission Control License;
Auto. Excellence Cert.
[CBO Certificate
Corrosion Technician by the National Assoc.
of Corrosion Engineers or equivalent
Professional Engineer Cert.
(for E Step)
Forklift Operator Cert.
(OSHA-approved)
Qualified Applicators’ License
Backflow Prevention Device Tester
Welding Certificate
EMS, ASE
POST Basic Dispatcher
POST Fire Academy
POST Basic Dispatcher
POST Fire Academy
POST Supervision
Grade III Wastewater Treatment Plant
Oper Cert.
Licensed Land Surveyor
Certified Tree Worker and/or
Qualified Line Clearance/Tree Trimmer Cert.
i~OSHA-approved)
Certified Arborist
Polyethylene Fusing Cert.
Gas Operator Cert. (DOT)
Animal Health Tech. Cert.
Graduation froN a reco~Zed c011eg~ o f
Veterinary Medicine will be considered in lieu
of this certificate.
Grade DI - Water Distribution Operator
3rade DII ~ Water Distribution Operator &
Grade TII 2 Water Treatment Operator
Grade DIII ~-Water Distribution Operator &
Grade TIII Water Treatment Operator
Grade I Water Treatment
Operator Cert.
Grade II Water Treatment
Operator Cert.
26
WQC Plant Oper Trainee
Water Meter Cross-
Connection Tech
Grade I Water Treatment
Operator Cert.
Backflow Prevention Tester Cert.
(c)The City will pay for the Department of Motor Vehicles (DMV) licensing fees for all
employees required to maintain a Commercial Driver’s License in accordance withthe
California Vehicle Code and applicable laws prescribed by the Department of
Transportation.
(d)The City will pay for Utility Installer Repairer personnel who obtain Welding
Certification. Welding Certification is a requirement based upon assignment and may not
apply to all Utility Installer Repairer personnel. The City agrees that all
Installer/Repairers will have the opportunity upon request for a Welding Certificate
course within a reasonable amount of time.
Section 5. Weather Protection
The City will provide rainy weather foot protection and one summer hat for the classification of
Parking Enforcement Officer.
ARTICLE X - HOLIDAYS
Section 1. Fixed Holidays. Except as otherwise provided, employees within the representation
unit shall have the following fixed holidays with pay:
January 1
Third Monday in January (Martin Luther King Day)
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
Veterans’ Day, November 11
Thanksgiving Day
Day after Thanksgiving
December 25
Either December 24 or December 31 (see below)
Employees shall be excused with pay for the full work shift on either December 24 or December
31, provided, however, that City facilities remain open with reduced staffing levels, that
Management retains the right to determine work schedules, and that neither day be considered a
holiday for purposes of premium pay. If employees are not excused pursuant to this provision,
one shift of vacation credit will be added to their vacation accrual.
In the event that any of the aforementioned days, except for December 24 or December 31, falls
on a Sunday, the following Monday shall be considered a holiday. In the event that any of the
27
aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday. If
December 24 and 31 falls on Sunday, then the preceding Friday will be designated for purposes
of the holiday. Exceptions to this provision are listed in Appendix E.
Section 2. Pay for Fixed Holidays.
(a) All employees shall be paid a full day’s pay at their regular straight time base hourly rate
for all fixed holidays as defined herein.
(b) An employee must be in a pay status on the workday preceding the holiday to be eligible
to be compensated for a holiday. This subsection does not apply to an employee who is on an
unpaid medical leave of absence of less than five (5) days.
Section 3. Work on Fixed Holidays. Any employee required to work on a fixed holiday shall be
paid time and one-half for such work in addition to his or her regular holiday pay. Work on a
fixed holiday beyond the number of hours in a regular shift shall be compensated at double time
and one-half.
Section 4. Variations in Work Week.
(a) An employee whose work schedule requires that his or her regular days offbe other than
Saturday and/or Sunday shall have an additional day off scheduled by the department in the
event a fixed holiday falls during his or her regularly scheduled day off. Every attempt will
be made to schedule the day on a mutually agreeable basis. If the day cannot be so scheduled,
the employee shall be paid for the day at the straight time base rate.
(b) Fixed holidays which fall during a vacation period or when an employee is absent
because of illness shall not be charged against the employee’s vacation or sick leave balance.
Section 5. Floating Days Off. Floating days off with pay will be scheduled by Management as
follows so as to produce three-day weekends:
28
June 2004 - One floating day off
August 2004 - One floating day off
September 2004 - One floating day off
March 2005 - One floating day off
April 2005 - One floating day off
June 2005 - One floating day off
July 2005 - One floating day off
August 2005 - One floating day off
September 2005 - One floating day off
March 2006 - One floating day off
April 2006 - One floating day off
The following conditions will hold:
(a) Management wil! designate the scheduling of the paid day off under this section at least
thirty days in advance.
(b) If in conformance with this section, Management is unable to schedule a day off in the
month indicated, for reasons of shift operations, work scheduling or any other reason, the day
will be added to the employee’s vacation accrual.
(c)If an employee fails to take a day off as scheduled by Management under this section, the
day off so scheduled will be forfeited.
ARTICLE XI - VACATIONS
Section 1. Each employee shall be entitled to an annual paid vacation, accrued as follows:
(a) Less than four (4) years’ continuous service: 80 hours vacation per year.
(b) Four (4) years’ continuous service through eight (8) years’ continuous service: 120 hours
vacation per year.
(c) Nine (9) years’ continuous service through thirteen (13) years’ continuous service: 160
hours vacation per year.
(d) Fourteen (14) years’ continuous service through eighteen (18) years’ continuous service:
180 hours vacation leave per year.
(e) Nineteen or more years: 200 hours vacation leave per year.
29
Employees may accrue up to three times their annual vacation leave without loss of vacation
days. In the event the City is unable to schedule vacation and, as a result thereof, the employee is
subject to loss of accrued vacation, the City shall extend the vacation accrual limit up to one
year, in which time the excess vacation must be scheduled and taken. As long as there is no
interference with departmental operations, there shall be no unreasonable restriction of
increments of use. Employees shall complete six (6) months’ continuous service before using
accrued vacation leave.
Section 2. Holiday Falling During Vacation. In the event a fixed holiday as defined in Article
X falls within an employee’s vacation period, which would have excused the employee from
work (and for which no other compensation is made), an additional workday for such holiday
shall be added to the vacation leave.
Section 3. Illness During Vacation. When an employee becomes ill while on vacation and such
illness can be supported by a statement from an accredited physician or the employee is
hospitalized for any period, the employee shall have the period of illness charged against sick
leave and not against vacation leave.
Section 4. Accrued Vacation Pay for Deceased Employees. An employee who is eligible for
vacation leave and who dies while in the municipal service shall have the amount of any accrued
vacation paid to his/her estate within thirty days. This proration will be computed at his!her last
basic rate of pay.
Section 5. Effect of Extended Military Leave. An employee who interrupts service because of
extended military leave shall be compensated for accrued vacation at the time the leave becomes
effective.
Section 6. Vacation at Termination. Employees leaving the municipal service with accrued
vacation leave shall be paid the amounts of accrued vacation to the date of termination.
Section 7. Vacation Cash Out. Once each calendar year an employee may cash out eight or
more hours of vacation accrual in excess of 80 hours, to a maximum of g0 120 hours, provided
that the employee has taken 80 hours of vacation as vacatien in the previous 12 months atqeast
ARTICLE XII - LEAVE PROVISIONS
Section 1. Sick Leave.
(a) The City shall provide each employee with paid sick leave, earned on a daily basis and
computed at the rate of 96 hours per year, with no limits on amounts that may be
accumulated, except that for employees hired after July 1, 1983, sick leave accrual
accumulation shall be limited to 1,000 hours and subsections (a)(1) and (a)(2), shall not
apply. Payment for accumulated sick leave at termination shall be made only in the following
circumstances:
30
(1) Eligible employees who leave the municipal service or who die while employed and
who have fitteen or more years of continuous service shall receive compensation for
unused sick leave hours in a sum equal to two and one-half percent of their unused sick
leave hours multiplied by their years of continuous service and their base hourly rate of
pay at termination.
(2) Full sick leave accrual will be paid in the event of termination due to disability.-
(b) Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal
sickness or disability, medical or dental treatment, or as authorized for personal business. Up
to six days sick leave per year may be used for illness in the immediate family, including
registered domestic partner. A new employee may, if necessary, use up to forty-eight (48)
hours of sick leave at any time during the first six months of employment. Any negative
balances generated by such utilization will be charged against future accrual or deducted
from final paycheck in the event of termination.
(c) An employee who has been disabled for 60 consecutive days and who is otherwise
eligible both for payment under the long-term disability group insurance coverage and
accrued sick leave benefits may, at his/her option, choose either to receive the long-term
disability benefits or to utilize the remained of his/her accrued sick leave prior to applying for
10ng-term disability benefits.
(d) Sick leave will not be granted for illness occurring during any leave of absence unless the
employee can demonstrate that it was necessary to come under the care of a doctor while on
such other leave of absence.
(e) Return to Work With Limited Du .ty. Upon approval of department management and the
City Risk Manager, an employee may return to work for doctor-approved limited duty.
Approval for return to work shall be based upon department ability to provide work
consistent with medical limitations, the location of the work assignment, and the length of
time of the limitations. The City doctor may be consulted in determining work limitations.
Section 2. Bereavement Leave. Leave of absence with pay of three days may shall be granted
an employee by the head of his or her department in the event of death in the employee’s
immediate family, which is defined for the purposes of this section as wife, husband, son, son-in-
law, daughter, daughter-in-law, mother, mother-in-law, father, father-in,law, brother, brother-in-
law, sister, sister-in-law, grandmother, grandmother-in-law, grandfather, grandfather-in-law,
grandchildren, aunt, uncle, registered domestic partner, or a close relative residing in the
household of the employee. Such leave shall be at full pay and shall not be charged against the
employee’s accrued vacation or sick leave. Request for leave with pay in excess of three (3) days
shall be subject to the written approval of the City Manager. ApproVal of additional leave will be
based on the circumstances of each request with consideratior~ given to the employee’s need for
additional time.
31
Section 3. Military Leave. The provisions of the Military and Veterans’ Code of the State of
California shall govern the granting of military leaves of absence and the rights of employees
returning from such leaves.
Consistent with the Military and Veterans Code, the City of Palo Alto shall pay employees in
SEIU bargaining unit their regular salary, salary differential, and all available benefits for the
first thirty days. In addition, for those employees deployed as part of Operation Iraqi Freedom,
the City may extend salary and available benefits for up to eleven additional months after the
first 30 days’ pay and benefits, depending on the number of months an employee serves in the
operation.
Section 4. Leave Without Pay.
(a) Disability.. Leaves of absence without pay may be granted in cases of disability not
covered by sick leave. Pregnancy will be considered as any other disability. Leaves of
absence for disability are subject to physicians’ verification including diagnosis and medical
work restriction.
(b) Family Leave. Family leave will be granted in accordance with applicable state and
federal law.
(c) Other Leaves. Leaves of absence without pay may be granted in cases of personal
emergency, Union business or when such absences would not be contrary to the best interest
of the City. Non-disability prenatal leave is available under this provision, but such leave
shall not begin more than six months prenatal nor extend more than six months postpartum.
During unpaid leaves of absence for disability or other reasons, the employee may elect to use
accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In
order to avoid misunderstandings, all leaves without pay must be in writing to be effective.
Section 5. Jury Duty. and Subpoenas. Employees required to report for jury duty or to answer
subpoenas as a witness in behalf of the State of California or any of its agencies shall be granted
a leave of absence with pay from their assigned duties until released by the court, provided the
employee remits to the City all fees received from such duties other than mileage or subsistence
allowances within thirty (30) days from the termination of jury service.
When an employee returns to complete a regular shift following time served on jury duty or as a
witness, such time falling within the work shift shall be considered as time worked for purposes
of shift completion and overtime computation. In determining whether or not an employee shall
return to his or her regular shift following performance of the duties, reasonable consideration
shall be given to such factors as travel time and a period of rest.
When a combination of City work time and jury duty equals 14 or more hours in the 24-hour
period immediately prior to the employee’s shift starting time, the employee will be allowed a
rest period of nine hours. Any portion of the rest period falling within the employee’s work shift
will be considered as hours worked and compensated at the straight time rate. This provision
32
does not apply to conditions of bona fide emergency. Bona fide emergency conditions are
conditions involving real or potential loss of service or property or personal danger.
Section 6. Time Off to Vote. Time offwith pay to vote in any general or direct primary election
shall be granted as provided in the State of California Elections Code, and notice that an
employee desires such time off shall be given in accordance with the provisions of said Code.
Section 7. In case of disapproval of extension, revocation or cancellation of an existing leave of
absence, notice shall be sent by certified mail, return receipt requested, to the employee stating
the date of such action, the reason and a specific date to return to work, which is not less than
five working days from date indicated on return receipt.
Section 8. Personal Business Leave Chargeable to Sick Leave. All employees shall be granted
up to twenty (20) hours personal business leave per calendar year, chargeable to sick leave. The
employee need not disclose the reason for the personal business. The scheduling of such leave is
subject to the approval of the appropriate level of Management, and such approval shall not
unreasonably be denied.
Section 9. The department shall make every effort to ensure that employees resuming work
following a leave pursuant to Sections 1- 8 shall be returned to the assignment, shift, and/or work
location held immediately prior to the leave. If the employee cannot be so assigned, he or she
shall, upon request, be granted a meeting with department management to discuss the reasons for
the change. Upon request, the employee shall be afforded Union representation at such a
meeting.
ARTICLE XIII - WORKERS’ COMPENSATION INSURANCE
Section 1. Industrial Temporary Disabili ,ty.
(a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the
first three (3) days following the date of injury and thereafter shall be paid full base salary for
a period of not to exceed fifty-seven (57) calendar days, unless hospitalized, in which case
employees shall be paid full base salary for a period not to exceed sixty (60) days from date
of injury.
(b) For any temporary disability continuing beyond the time limits set forth in (a) above,
employees shall be paid two-thirds (66 2/3%) of their full base salary at the time of injury for
the duration of such temporary disability in conformance with the State law.
(c) During the period of temporary disability, an employee’s eligibility for health, dental, life,
LTD, or other insured program will continue with City contributions atthe same rate as for
active employees. In case of Subsection (a) above, the employee will continue to accrue
vacation and sick leave benefits. In the case of Subsection (b), sick leave and vacation
benefits shall not be accrued.
Section 2. Vocational Rehabilitation for Permanently Disabled Employees.
33
Vocational Rehabilitation will be made available to employees who have suffered permanent
disability as a result of an injury or illness sustained in the course and scope of employment.
Vocational Rehabilitation shall be administered in accordance with the California Labor Code,
Division 4.7, Retraining and Rehabilitation, Sections 6200 through 6208, the Americans with
Disabilities Act (ADA), and the City ofPalo Alto’s Worker’s Compensation Program.
ARTICLE XIV - BENEFIT PROGRAMS
Section 1. Health Plan.
(a) Active Employees
During the term of this Memorandum of Agreement, the City will pay 100% of all costs
associated with all health care plans, including any increases during the term of this
agreement, subject to the provisions below:
Employees currently enrolled in PERSCARE who change to any other medical plan during
the 2004 open enrollment period will receive a monthly stipend of:
$100 - Single
$200 - Employee, plus One
$ 300 - Family
Commencing January 2005 for the term of this agreement.
Employees currently enrolled in PERSCHOICE, who remain in PERSCHOICE, shall receive
a monthly stipend of:
$50 - Single
$100 - Employee, plus one
$150 - Family
Up to 17 employees, as determined by the Union, currently enrolled in PERSCHOICE may
enroll in PERSCARE during the 2004 open enrollment period. They shall receive no
stipend. No other employees may enroll in PERSCARE.
(b) Retired Employees
Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will
be made as provided under the Public Employees’ Medical and Hospital Care Act.
34
The City, by Resolution, will clarify the intent of the City and CalPERS under Section 22857
of the Government Code to provide that the City’s employer contribution for each annuitant
shall be 100% of the single party premium, and the contribution for family members will
increase annually by 5% of the difference between the single party premium and the two or
family member premium, until such time as the amounts are equal.
(c) Active Employee Domestic Partners
Effective July 1, 1996, active employee domestic partners who meet the requirements of the
City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human
Resources Department, will be eligible for reimbursement of the actual monthly premium
cost of an individual health plan, not to exceed the maximum monthly premium cost of
individual coverage under the PEMHCA health plans. Evidence of premium payment will be
required with request for reimbursement.
(d) PERS - January 1, 2005
As to SEIU employees hired after January 1, 2005, the PERS law vesting schedule set
forth in Government Code section 22825.5 will apply. Under that law, an employee is~;
eligible for 50% of the specified employer health premium contribution after ten years of
service credit, provided at least five of those years were performed at the City of Palo
Alto. After ten years of service credit, each additional service credit year increases the
employer contribution percentage by 5% until, at 20 years’ service credit, the employee:
will be eligible upon retirement for 100% of the specified employer contribution and 90%
of their dependent coverage. The City ofPalo Alto’s health premium contribution for :
eligible post- January 1, 2005 hires shall be the minimum contribution set by PERS
under section 22825.5 based on a weighted average of available health plan premiums.:
(e) At City option during the life of this agreement and if otherwise available:
The City may offer an incentive payment in lieu of City-paid dependent or family
medical coverage for those employees who voluntarily decline dependent
coverage.
(f)If a regular employee and/or the employee’s dependent(s) are eligible for medical
insurance through another employer-sponsored or ,association medical plan, the employee
may opt for alternative medical insurance coverage through the other employer-
sponsored or association plan and waives his/her right to the City of Palo Alto’s medical
insurance coverage for same individuals. Employees electing alternative coverage and no
35
City coverage will receive cash payments of approximately half of the "average monthly
premiums" for their medical insurance coverage. "Averaged monthly premiums" are the
average of the Kaiser HMO, Blue Shield HMO and PERS Choice PPO premiums of the
employee’s City medical coverage available through the Public Employee Retirement
System (PERS).
The rates for 2004 are as follow:
One Party:$160.00
Two Party:$315.00
Family:$410.00
Section 2. Dental Plan.
(a) The City shall pay all premium payments on behalf of employees, and all dependents of
employees who are eligible for coverage under the City’s self-funded dental program.
Effective July 1, 1996, dependents will include domestic partners, as defined under Section 1
(c).
(b) During ,the term of the agreement, the City and the Union will work together to review
benefit provisions of the City’s self-funded dental program. The purpose of this review is to
contain benefit cost increases. Joint recommendations will be prepared for discussion during
successor agreement negotiations.
(c) Effective July 1, 2001, dental implants in conjunction with one or more missing natural
teeth, and removal of implants will be covered as a Major Dental Service at 50% usual,
customary and reasonable (UCR.)
Section 3. When a City employee is married to another City employee each shall be considered
as an employee for purposes of health and dental coverage, provided however that neither shall
be covered as a dependent of the other, and dependent children, if any, shall be covered by only
one spouse.
Section 4. Effective July 1, 1987, the provision referred to as the "birthday rule" shall be added
to the "Effect on Benefits" sections of the City Employees’ Health Plan and City Employees’
Dental Plan. The "birthday rule" provides that when two plans cover an individual as a
dependent, that Plan shall be Primary which covers the individual as a dependent of a person
whose date of birth, excluding year of birth, occurs earlier in a calendar year. If the other Plan
does have a Coordination of Benefits Provision, but does not have this provision regarding date
of birth, the provision of the other Plan will determine.
Section 5. Basic Life Insurance. The City agrees to continue the basic life insurance plan as
currently in effect for the term of this Memorandum of Agreement.
36
Section 6. Vision Care. Effective beginning July 1, 1989, the City will offer vision care
coverage for employees and dependents. Coverage is equivalent to $20 Deductible Plan A under
the Vision Service Plan with monthly premiums paid by the employer. Effective July 1, 1996,
dependents will include domestic partners, as defined under Section 1 (c).
Section 7. Deferred Compensation. The City shall make available the necessary payroll -
deduction and other procedures to provide a deferred compensation plan. The City will insure
reasonable access to Deferred Compensation representatives for all interested employees.
Section 8. Long Term Disability. Insurance. The City shall continue the long term disability
insurance plan currently in effect for the term of this Memorandum of Agreement, with an
increase in the maximum benefit level under Plan A to $4,000, effective July 1, 1991.
For Plan A, employee coverage is subject to a voluntary payroll deduction of the insurance
premium applicable to the first $6,000 of monthly salary, less a credit of$11.17 per month to be
paid by the City.
For Plan B, the maximum benefit level is $1800 per month. Employee coverage is subject to a
voluntary payroll deduction of the insurance premium applicable to the first $2000 of monthly
salary for Plan B. The City will pay premiums in excess thereof.
The City will pay up to $17.50 per month toward long term disability insurance premiums for
those employees without eligible dependents covered under the health insurance provisions.
Section 9. UtiliU Discount. Eligibility for utility discount for employees with employment dates
beginning after April 1, 1977, will be discontinued.
Section 10. Effective Date of Coverage for New Employees. For newly-hired regular
employees coverage begins on the first day of the month following date of hire for the health
plan, dental plan, vision care plan, life insurance and long term disability plans if these benefits
are elected.
Section 11. Dependent Care Assistance Program. The City will provide a Dependent Care
Assistance Program for employees according to the provisions of the Federal Economic
Recovery Act of 1981, Code Sections 125 and 129. The program will begin on January 1, 1988.
Program details will be developed and reviewed with the Union prior to the implementation date.
Section 12. Tuition Reimbursement and Training Programs.
(a) City will reimburse expenses for tuition, books and curriculum fees incurred by non-
probationary employees within the representation unit, to a maximum of $1,000 per fiscal
year, for classes given by accredited institutions of learning or approved specialized training
groups. The City will also reimburse professional association memberships and conference
registration fees, professional books and periodicals.
37
For purposes of this subsection, tuition does not include costs for equipment or tools (except
for computer hardware and software), if the employee may keep such items at the end of the
course.
(b) Purchase of job-related computer software, hardware, high-speed internet access,
telecommunication equipment and home office equipment/furniture may be reimbursed
under the Section (a) $1,000 tuition reimbursement benefit.
The non-probationary requirement will be waived for probationary employees when
submitting reimbursement for job-required certifications.
All programs eligible under this section must either contribute to the employee’s job
performance or prepare the employee for other City positions, and must be approved in
advance. City employees wishing to engage in educational programs involving working time
may be granted rescheduled time if departmental operations permit.
(c) Professional and technical employees assigned by the City to attend meetings, workshops,
or conventions of their professional or technical associations shall have their dues and
reasonable expenses paid by departmental funds and shall be allowed to attend such
workshops, meetings, and conventions on paid City time.
(d) Requests for tuition reimbursement will be determined to be taxable income unless
sufficient documentation is provided to support how the course or seminar is related to
improving performance in the employee’s current position. Reimbursement requests may be
submitted at any time, but will be batch processed on a quarterly basis.
ARTICLE XV - RETIREMENT
Section 1. The City will continue the present benefits under the Public Employees’ Retirement
System 1/50th at age 60 formula act. Employees who retire and were employed by the City on or
before April 1, 1977, and spouses of deceased employees who were employed by the City on or
before April 1, 1977, shall continue reductions in utility rates. All retired employees and spouses
of deceased employees shall also have residential privileges at City libraries, refuse disposal
area, golf course and swimming pools.
Section 2. Effective with the pay period including May 1, 1984, the City will pay the 7%
employee’s retirement contribution to the Public Employees’ Retirement System (PERS) except
that, subject to the limitation of applicable law/or income tax regulations, employees who file
signed Personnel Action Forms with the City Human Resources Department prior to April 1,
1984, indicating retirement dates from May 1, 1984 through April 30, 1985, shall not receive this
provision but shall instead receive a 5.6% pay increase effective with the pay period including
May 1, 1984. The City Attorney shall make all legal determinations relating to this exception.
For purposes of negotiation hereafter, the payment by the City of the employee’s contribution
shall be deemed 7% adjustment in salary for the year May 1, 1984 through April 30, 1985.
38
Section 3. Notwithstanding Section 2 above and pursuant to Government Code Section 20615.5,
upon filing a notice of retirement, the 7% City-paid PERS employee contribution will be
converted to a salary adjustment of equal amount on a’one-time irrevocable basis for the final
twelve months immediately prior to retirement. For this final twelve-month period the employee
shall pay PERS employee contributions.
Section 4. The City will amend its contract with the Public Employees’ Retirement System to
¯ provide for section 21354, 2% @ 55, Full, Supplemental or Modified Formula for Local
Miscellaneous Members, to be effective January 1, 1999.
ARTICLE XVI - COMMUTE INCENTIVES AND PARKING
Section 1. Commute Incentive. Effective on or before August 1, 1994, represented employees
who qualify may voluntarily elect one of the following commute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work locations.
The City will provide a Civic Center Garage parking permit. New employees hired after
April 30, 1994 may initially receive a parking permit for another downtown lot, subject to the
availability of space at the Civic Center Garage.
Public Transit. The City will provide monthly Commuter Checks worth the value of:
$40 for employees traveling th~-e two or more zones on Caltrain;
$40 for employees using the Dumbarton Express, BART, the ACE train, or a
commuter highway vehicle;
$35 for employees traveling L~s~haa~ee within one zones on Caltrain;
$35 for employees using VTA, and other buses.
These ...... ~’~"o checks are pretaxed and may be used toward the purchase of a
transit pass.
Carpool. The City will provide’~’t’’"l ...,,....,.-,...,..ok ....... .. t,. ~..*’~’1" ~-1.~..., .... ¯ ~..,...,h’~ of $30 per month (taxable
income) to each eligible employee in a carpool with two or more people. T~aese~melaers
Vanpool Program. The City will provide Commuter Checks worth the value up to $60 to
each employee voluntarily participating in the Vanpool Program. These ve, uchers checks are
pre-taxed and may be used toward payment of the monthly cost. Employees must fulfill the
basic requirements of the Employee Commute Alternatives Program to qualify.
¯1.; ....1,:, veuchers ....,1, ....h,,~ of $20 per month (taxableBicycle. The City will provide ~,.,~: ,,.,,"’""th .........
income) to eligible employees who fide a bicycle to work¯ ,-vr, .........1‘ .......1‘ .....~ ~
39
City ill p ....11 .........k .......~-1,, ~, ....~’"~ f $20 (taxablWalk. The w rovide .................................e per month e
income) to eligible employees who walk to work. ~
Section 2. Parking Lot Security. - Municipal Service Center. The City will provide fenced and
locked parking facilities for Municipal Service Center employees. Procedures will be established
for entering and leaving the parking facilities.
Section 3. The City will provide bicycle lockers and motorcycle parking areas for City
employees at mutually agreeable work locations.
ARTICLE XVII - PHYSICAL EXAMINATIONS
If any non-probationary employee who is required to have a City-provided physical examination
not related to workers’ compensation programs disagrees with the findings of the City-sponsored
physician, he/she may consult with his/her own physician and, if his/her private physician’s
report conflicts with that of the City physician in terms of ability to work at his/her regular job,
then he/she may request an evaluation of his/her problem through a third physician mutually
agreed upon by the employee and the City. Cost for such examination will be equally shared and
the decision of this physician concerning the continuing ability of the employee to perform
his!her work in his/her regular job without exposing himself!herself to further injury as a result
of his/her condition shall be the basis for returning the employee to his/her regular work.
ARTICLE XVIII - SAFETY
Section 1. Health and Safe~ Provisions. The City shall furnish and use safety devices and
safeguards and shall adopt use practices, means, methods, operations and processes which are
reasonably adequate to render such employment and place of employment safe, in conformance
with applicable safety regulations under the State Labor and Administrative Code sections.
The City shall not require or permit any employee to go to or be in any employment or place of
employment which is not safe.
Section 2. Union will cooperate with the City by encouraging all employees to perform their
work in a safe manner.
Section 3. Safety, Committees and Disputes. Safety committees composed of Management and
Union stewards in the below listed organizations will meet no less than 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.
Community Services
Public Works
Water-Gas-Wastewater Field Operations
40
Electric Field Operations
Water Quality Control
(a) A committee composed of one facilities Management representative, one building
inspection representative, two Union representatives, and the City Risk Manager will meet at
least quarterly concerning safety matters of the Civic Center.
(b) A ten-member Citywide Union/Management safety committee with equal Union and
Management membership will meet upon call to review safety and occupational health
standards and practices, discuss overall City safety and health problems, and to act as an
advisory group to the departmental safety committees. The committee shall review all
departmental safety programs and recommend change where necessary.
(c) In cases of dispute over safe working conditions the employee will first report such
unsafe conditions to his or her supervisor and every attempt will be made to rectify the
problem at this level. The employee may contact his or her steward to assist in the resolution
of the dispute. If the problem cannot be resolved the Risk Manager will be contacted and the
problem will be addressed through the interpretation of the basic safety rules and regulations.
Should the problem not be resolved at this step, the grievance procedure will be utilized.
Safety grievances shall be submitted at Step III.
(d) In response to recommendations from the Ergonomics Safety Committee, management
will develop training workshops which include information on safe ergonomic work
practices. Such workshops will be given at least two times per year. Upon release of
Cal/OSHA regulations coveting safe workplace ergonomic standards, management will
immediately adopt such standards as party of its Injury Prevention Program.
ARTICLE XIX - GRIEVANCE PROCEDURE
Section 1. The City and the Union recognize that early settlement of grievances is essential to
sound employee-employer relations. The parties seek to establish a mutually satisfactory method
for the settlement of employee grievances, or Union grievances as provided for below. In
presenting a grievance, the aggrieved and/or his or her representative is assured freedom from
restraint, interference, coercion, discrimination or reprisal. Release time for investigation and
processing a grievance is designated in Article IV of this Memorandum of Agreement.
Section 2. Def’mition. 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.
41
(b) An appeal from a disciplinary action of any kind against an employee covered by this
Memorandum of Agreement.
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. 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, IV, and V 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 and/or Step II of the grievance procedure.
(g) Written grievances shall be submitted on forms provided by the City or on forms which
are mutually agreeable to the City and the Union.
(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 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.
42
Section 4. Grievance Procedure.
Ste]~’I. The aggrieved employee will first attempt to resolve the grievance through informal
discussions with his or her immediate supervisor by the end of the tenth working day following
the discovery of or the incident upon which the grievance is based. Every attempt will be made
to settle the issue at this level. (Note: For purposes of time limits, the working days are
considered to be Monday through Friday, exclusive of City holidays.)
Step II. If the grievance is not resolved through the informal discussion, the employee will
reduce the grievance to writing and submit copies to the divi~i,v,n Department head or equivalent
level Management employee as designated by Management as appropriate within ten fifteen
working days of the discussion with the immediate supervisor.
The division Department head or equivalent level Management employee shall have ten 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 at Step II, the aggrieved employee may appeal tc hi~ or
her "~’"’~’~’o"÷ head to the Human Resource Director in writing within ten fifteen working days
of the receipt of the division head’s response.
Within fifteen working days, the Human Resource Director shall review the matter and prepare a
written statement. If a mutually agreed solution is reached during this process the agreement
shall be placed in writing and signed.
Step ¥. IV. If the grievance is not resolved at Step t-~ III, the aggrieved employee may choose
between final and binding resolution of the grievances through appeal to the City Manager or
through appeal to final and binding grievance arbitration. For the term of this Memorandum of
43
Agreement, appeals to final and binding grievance arbitration may be processed only with Union
If the aggrieved employee 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. The City Manager shall render a written decision to all parties directly involved
within ten fifteen working days after receiving the employee’s appeal.
If the aggrieved employee elects final and binding arbitration in accordance with this provision,
the parties shall mutually select an arbitrator. 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 appealed to the arbitrator. The
arbitrator shall be without power to make any decision:
(1) Regarding matters of interest.
(2) Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum
of Agreement.
(3) Granting any wage increases or decreases.
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. 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 heating and hear and resolve the issue on the
merits.
Copies of the arbitrator’s decision shall be submitted to the City, the aggrieved employee and the
Union. All direct costs emanating from the arbitration procedure shall be shared equally by the
City and the aggrieved employee or the Union.
ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT
AND DISCIPLINARY ACTION
44
The City has the right to discipline, demote, or discharge employees for cause.
Non-probationary employees whose work or conduct is unsatisfactory but not sufficiently
deficient to warrant discipline, demotion, or discharge will be given a written notification of
unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and
improve to meet standards may result in discipline, demotion, or discharge.
Notice of disciplinary action must be in writing and served on the employee in person or by
registered mail prior to the disciplinary action becoming effective. However, in extreme
situations where there is reasonable cause, the employee may be removed from pay status
immediately pending such disciplinary action. The notice must be filed on a timely basis with the
Human Resources Department and included in the employee’s personnel file. The notice of
disciplinary action shall include:
(a)Statement of the nature of the disciplinary action;
(b)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 items of evidence upon which the disciplinary action
was fully or in part based.
(f) Statement advising the employee of his/her fight to appeal from such action, and the right
to Union representation.
If the disciplinary action consists of suspension, any suspension time previously given shall be
credited to the final disciplinary action.
ARTICLE XXI - NO ABROGATION OF RIGHTS
The parties acknowledge that Management rights as indicated in Section 1207D of the Merit
System Rules and Regulations and all applicable State laws are neither abrogated nor made
subject to negotiation by adoption of this Memorandum of Agreement.
ARTICLE XXII - OUTSIDE EMPLOYMENT
The provisions of Article 4.7 of the Government Code of the State of California will govem the
determination of incompatible outside employment.
ARTICLE XXIII - WORK STOPPAGE AND LOCKOUTS
45
The City agrees that it will not lock out employees, and the Union agrees that it will not engage
in any concerted work stoppage or slowdown during the term of this Memorandum of
AgreemenL An employee shall not have the right to recognize the picket line of a labor
organization when performing duties of an emergency nature.
ARTICLE XXIV - PROVISIONS OF THE LAW
Section 1. 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. This Memorandum of Agreement shall become a part of the City of Palo Alto Merit
Rules and Regulations applying to employees assigned to classifications in the SEIU unit. As
applied to employees assigned to the SEIU unit, this Memorandum of Agreement shall prevail
over any conflicting Merit Rules and Regulations.
Section 3. 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.
ARTICLE XXV - COST REDUCTION PROGRAMS
During the term of this agreement, the Union will aggressively assist Management in developing
cost reduction programs. Such programs may include voluntary reduced hours/pay after this
concept is studied by Management, and with such application as may be approved by
Management.
ARTICLE XXVI - REOPENERS
~eCi~d U~on a~ee to reopen me: Contact in April2005 to ai~euss Uea~m ~suranee
coverag~ and me possibili~ ofa PERS 7% @ 5 the panics don’t
reach ~ a~e~ent on the reopener issues prior to May 1; 2005; negotiatio~ will cease and ~e
a~eemem will cominue, stares quo umil norm expiration.
46
ARTICLE XXVII - TERM
The Term of this Memorandum of Agreement shall commence on May 1, ~ 2004, and shall
expire on April 30, g004 2006. Either party may serve written notice upon the other party during
the period between ninety and sixty days prior to April 30, g004 2006, 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
the terms and conditions of this Memorandum shall continue in effect.
47
EXECUTED:
FOR:
LOCAL 715, SEIU, AFL-CIO, CLC:
FOR:
CITY OF PALO ALTO:
48
Class Number
204
207
2-7-7
2-44
333
330
240
382
299
300
370
3-7-1-
2-1-2
2-08
408
409
APPENDIX A
class Title
ACCT AS S ! STANT
ACCT SPEC
ACCT SPEC LEAD
ANIMAL A ,’FTENDANT
AN!MAL CONTROL OFF
ANIMAL SERVICES SPEC
ASSOC BUYER
ASSOC ENGINEER
ASSOC PLANNER
ASSOC POWER ENGR
ASSOC RES PLANNER
ASST ENGINEER
ASST POWER ENGR
ASST RES PLANNER
ASST STOREKEEPER
A’JTO SERVICE MECH
BLDG ~NSPECTOR
BLDG INSPECTOR SPEC
BLDG SERV!CEPERSON
~LDG/PLG TECHN!CAIN
CATHODIC TECH
CDBG COORD
CEMENT FINISHER
CEMENT FINISHER LEAD
CHEMIST
CHF COMM TECH
CHF ELEC UNDG INSPEC
CHF !NSPEC WGW
CODE ENFORCEMENT OFF
COMM TECH
COMMUNITY SERV OFFCR
COMPUTER OPEP~,TOR
COMPUTER SUP CNTR TR
COORD COMPUTER SVCS
COORD L!BP~,RY PROG
COORD REC PROG
COORD RECYCLING
COURT LIAISON OFFICER
CRIME ANALYST
CUST SVC REPRESENT
CUST SVC S~
New information to be added
Approx. Monthly Salary at E-Step
Effective 511/01 Effective 5/1102 Effective 5/1103
49
Class Title
DATA ENTRY OPEP~,TOR
ELEC ASST I
ELEC UNDGD !NSPEC
ELECTR!C!AN APPREN
ELECTR!C!AN LEAD
ENG!NEER
ENGR TECH I
ENGR TECH !!
ENGR TECH
I~ h.l\/I D t~ h.I I~/I I~ Iklr A I q Dr"P
EQU!P MA!NT SERV PER
=~l .D OPEP~,TOR
EQUIP OPEP,,~,TOR LEAD
EQUIP PARTS TECH
I~VI:PI ITI\/I:: qE:PDI:TADV
F,~,C!L!T!ES b, SST
FAC!L!T!ES C,^,RPENTER
E/~PII ITIr-~I:::1 I::PT
IZAPII ITII:~I~/IAIhlT I
F,~,C!L!T!ES MECH
E~F"II I’I"IE:~D~IklTI-’D
F!ELD SVCPERS WGW
FLEET SVCS COORD
GANG MOWER MECH
GAS SYSTEM TECH
GOLF CQR EQU!P MECH
GOLF COR MT PERSON
HEA\.N, EQU!P OPER
!ND WASTE !NSPEC
!ND WASTE !,N\.rTGTR
INSPECTOR, FIELD SVC
!NSTRUM ELEC
~=eT~=~T ANALYST
L!BP~.RY ASST
U B P~.RY SPECIALIST
L!NEPEPJCABLE SPL
UNEPEPJCABLE SPL-L
UNEPEPJC#.BLE SPL $
Approx. Monthly Salary at E-Step
E-ffect!v~ 5!1!01 ~ E~
5O
61ass-T4tle
L!NEPEPJCABLE SPL-TL
LNPEPJCBL SPL APPREN
,M,A~L!NG SVCS SPEC
MA~NT MECH
MARKETING ENG
METER READER
METER READER LEAD
~TmD =~1 liD
~T~D =~ lid ~=~_I
OFFICE ASSISTANT
OFF~CE SPEC~AUST
~T ~I lid
~T ~I lid ~D_I
PARK MA~NT PERSON
PARKING ENF OFF
PARKS CREW LEAD
PARKS/OPEN SPC ASST
PLANNER
POLICE RECORDS SPEC
POWER ENGR
PROD ARTS/SC! PROG
PRQG P~.M ASSISTANT
PROPERTY EV!D TECH
PUB SAFETY D!SP-CHIEF
PUB SAFETY D!SP FLEX
PUBLIC SAFETY D!SP
REAL PROPERTY AGENT
REAL PROPER~ ANLYST
REF~JSE D!SP A~EN
RESOURCE PLANNER
SPRINKLER SYS REPR
SR CHEMIST
SR IND W#,STE iNSPECT
SR INSTRUM ELECT
SR MECH WQC
SR OPEP~,TOR WQC
SR PLANNER
SR PRQG ANALYS~
SR UTiL FIELD SVC REP
Mer, th!y S=!~,%" ~* E-Step
~ffootl~70~, Eff~ct!’:~ 5!!/02 ~!!!03
5]
Class T!t!e
SR UT!L SYST TECH
ST MA!NT ASST
ST SWEEPER OP
ST SWEEPER OP-LEAD
STAFF SECRETARY
STOREKEEPER
STOREKEEPER-LEAD
S’JRVEY!NG ASST
SURVEYOR, P’J£L!C WKS
SYSTEM OP/SCHED
TELEPHONE TECH
THEATER SPECIALIST
TP~,F CONT MA!NT ~
TP~,F CONT MA!NT !!
TP~,F CONT MA!NTL
TREE MAINT ASST
TREE MAINT PERSON
TREE TRIM/LN CLR
TREE TRIM/LN CLR L
TREE TRM/LN CLR ASST
TR~JCK DRIVER
~JTIL ACCT REP
UT!L ACCTG TECH
UTIL COMP TECH
UT~L COMP TECH
UTIL CRED!T/COL SPEC
UTIL ENGR ESTIMATOR
UTIL FLD SVCS REP
UTIL !NSTALL/REP
UT~L !NSTALL/REP AST
UTIL !NSTALL/REP-L
I ITII I ~AT~B
UTIL P~,TE ANALYST
UT!L SYST OPER
UTIL SYST TECH
VETERiNARiAN TECH
VOUJNTEER COORD
WATER METER REP ASST
~]ATER METER REPAIR
~*]ATER TP~,NS SPEC
WATER TP~,NS SPEC L
WQC PLT OPER ~
WQC PLT OPER l!
WQC PLT OPER TRN
~2~R MTR CRS CN TEC
Appr-ex. Mo,",th!y S=!=."y =t E-Step
52
APPENDIX B
APPRENTICESHIPS
WATER QUALITY CONTROL OPERATOR TRAINEE may lead to positions within Water
Quality Control.
ELECTRICIAN/LINEPERSON - LINEPERSON/CABLE SPLICER APPRENTICE: May lead
to Electrician or Lineperson/Cable Splicer positions.
The Utilities Department is proposing to formalize the Apprenticeship programs in the Electric
Section to develop journey level electricians and lineperson/cable splicers. The following are
basic concepts/principles to be incorporated:
1. Positions/classifications to be identified through the normal budget process - three
initially.
2. The journey level position will not be a promotional opportunity for anyone other than
the apprentice underfilling the position, so long as that apprentice is successfully
progressing through the program.
3. Employees in Electric Operations who qualify will be given first consideration for the
apprentice position prior to other City classifications or recruiting from outside the City.
4. A letter of agreement will be entered into by the apprentice and the City identifying
the terms and conditions of the program.
5, The program will normally require 36 months to complete.
6. Normal progress through the program will be in periodic increments with formal
evaluations,
7. - Salary steps will be established to bridge the Electrical Assistant classification into the
journey level classification.
8. A process for initial selection and placement in the program will be established.
9. A procedure for removing an unsuccessful apprentice from the program will be
developed.
10. A task force including journey level persons will be assigned to determine the
content and approach to specific elements of training.
53
11 .Training will consist of on-the-job (OJT) and after hours elements (study and formal
classes). Off-the-job training costs will be funded by tuition reimbursement and
departmental funds. Personal time spent in off-the-job training will not be compensated.
12. The apprentice will be under the continuing guidance of an appropriately qualified
journey level person during OJT. Such journey level persons will be assigned by
Management from among volunteers and will receive no additional compensation.
13. Qualifications/progress will be verified by appropriately kept records.
14. Unless specifically stated otherwise, regular City personnel policies and MOA
provisions will apply to the apprenticeship program.
15. This program may become a conceptual model for apprenticeships in other divisions
or departments.
ELECTRIC SYSTEMS DISPATCHER APPRENTICE:
May lead to Electric System Dispatcher position. Provisions of the training program to be
developed with a target date of January 1, 1995.
54
APPENDIX C
*
ALTE~ATIVE 4/11 WO~ SCHED~E
The City and Union have agreed to the following alternative work schedule for Public
Safety Dispatchers:
1. The Alternative 4/11work schedule will be handled as a side letter agreement.
The City agrees to maintain a minimum of 18 permanent dispatchers on paid
status for this alternative schedule. If the Communications Unit falls below the
minimum staffing levels for Communications for more than 120-days (4 months),
the City will revert to the regular/rotating 4/10 work schedule until such time as
there are 18 permanent dispatchers on paid status.
3. The City agrees that in accordance with FLSA requirements the dispatchers will
receive overtime for all hours worked outside of the regularly scheduled work
hours of the 4/11 schedule.
The City stipulates that a 24-month trial period following implementation is
needed to effectively evaluate the new work schedule. However, the City agrees
to continue to Meet and Confer with the Union and public safety dispatchers
following negotiations on the term of the trial period for the proposed schedule.
55
APPENDIX D
Section 1. Exceptions to Standard Workday or Work Week for SEIU Representation Unit
DEPT/DIVISION
COMMUNITY
SERVICES
Arts & Culture
Division
Library Division
CLASSIFICATION
Volunteer Coordinator
Coordinator, Library
Programs
Librarian
Senior Librarian
Library Specialist
Library Assistant
Library Associate
WORKDAY OR WORK
WEEK VARIATION
Each week (30 hours):
15 hours of unscheduled time;
15 hours of scheduled time
In a given work week, staff may
work three eight-hour days, one
seven-hour day, and one nine-
hour day. On a voluntary basis,
staff may work five non-
consecutive days within seven.
Section 2. Rules Governing Flexible Work Hours
These rules and procedures are established pursuant to Article VI, Section 8, and are an
application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the
classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences Programs;
Program Assistant; Theater Specialist, in the Recreation and Arts & Culture Divisions of the
Community Services Department, and the classifications of Associate Planner, Building
Planning Technician, CDBG Coordinator, Engineer, Executive Secretary, Office Specialist,
Planner, Senior Planner and Staff Secretary in the Planning and Community Environment
Department.
(a) Flexible Work Schedule
1. Employees in the covered classification shall be permitted to arrange flexible
work schedules with division approval, providing that such schedules shall
include forty (40) hours per week.
2. Standard daily office hours shall be Monday through Friday, between the
hours of 8:00 a.m. and 6:00 p.m. Flexible hours may occur for supervision of,
and/or attendance at, evening programs, meetings, weekend events, or other
programs.
(b) Overtime
1. Emergency call-out work shall be defined as overtime work and compensated
per standard City practices.
56
2. If the need arises for overtime work due to an unusual circumstance calling for
extra hours or due to a special event, compensation shall be allowed with prior.
approval of the Director of Recreation, Director of Arts and Culture, or the
Director of Planning and Community Environment, and shall be compensated for,
as spelled out in the Memorandum of Agreement.
Section 3. 2080 Plan
(a)Either the Union or the City may withdraw from the Plan by giving the other party 30
calendar days written notice. In the event of termination of the plan, the covered
classifications will return to an 8-hour or other authorized workday as provided under
Article VIII, Section 1, of this Memorandum of Agreement.
(b)Provisions of the 2080 Plan are as follows. To the extent that these provisions are in
conflict with other provisions of the Memorandum of Agreement, these provisions will
prevail.
(c) The 2080 Plan or "12 hours per Shift Schedule" is an authorized work schedule for
the Electric System Operators and Water Quality Control Plant Operators.
2080 Plan
Under this 2080 Plan, each employee’s hours of work per year may not exceed 2,240. For
scheduling purposes, and subject to the Merit System Rules and Regulations, the
employee will be guaranteed not less than 2080 hours per year, or no less than 52 weeks
at the normal number of hours worked per week. Any employee covered by the Plan who
works up to 2,080 hours per year is compensated for all hours worked at the agreed upon
rate. The City must pay overtime for all hours worked in excess of 12 in any Workday, 56
hours in any work week, or 2080 hours in 52 weeks as the case may be. The rate of
overtime will be at time and one-half the employee’s regular rate of pay (or current
contract overtime rate, if different).
Shift Schedule
The shift schedules combined must provide full 24-hour, seven (7) days per week
coverage for the Utility Control Center and Water Quality Control Plan.
The shift schedule shall be a rotating schedule. The Electric System Operators’ shift
schedule will reach the equivalent of 40 hours per week in five weeks. The 12-hour
shifts begin at 7:00 a.m. and 7:00 p.m. The Relief shift shall begin at 7:00 a.m. and end at
3:00 p.m. with lunch taken while working.
The shift schedule shall be rotating schedule. The Water Quality Control Plant
Operators’ shift schedule will reach the equivalent of 40 hours per week in two weeks.
57
There will be four 12-hour shifts that begin at 6:00 a.m. and 6:00 p.m. The fifth shift will
be a 4/10 shift that begins at 6 a.m. on three days, and at noon on the fourth day.
Pay Period
Pay periods and workweek for the System Operations will begin Sunday at 7:01 a.m.
Pay periods and workweek for the Water Quality Control Plan Operators will begin
Saturday at 6:01 a.m.
Wages
Wages will be based on the City of Palo Alto Compensation Plan, which may vary from
time to time as mutually agreed upon.
Overtime
Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12 in
any workday, 56 in any work week, or 2080 in 52 weeks, as the case may be.
Overtime will also be paid for hours worked when an employee is called in to work other
than their regularly-scheduled shift. The overtime rate of pay will be one and one-half
times (or current contract overtime rate, if different) of the employee’s regular rate of pay.
All overtime worked will be paid to the em oyee ......... v ........ : ............
eveXime ;;’i!! be a!!ewed. No compensatory time offfor overtime will be allowed with
the exception of Water Quality Control Operations.
Relief Employees
This provision only applies to the Electric System Operators. The five Operators share
the relief week evenly as they rotate through the five week cycle.
Relief employee(s) will be utilized within the 12-hours shift schedule only when relieving
for the System Operators on shift. When not relieving, they will work four eight-hour
shifts.
When a vacation relief week results in a 36-hour or 48-hour week, the next following
relief work week will be scheduled for three eight-hour and one four-hour shift, or two
eight-hour shifts, depending on whether 18 or 16 hours were needed to bring the hours
back to the 40-hour average.
Relief Duties
This provision only applies to the Electric System Operators. An employee who is
scheduled to perform relief duties shall be available for duty in revolving shifts on any
day of the week and may be assigned for relief in any shift without advance notice. Relief
employees will be paid standby pay during their relief week.
58
Standby
This provision only applies to the Electric System Operators. An employee who is on
relief duties is coveting standby, and will be compensated according to Article VIII,
Section 7 (a) of the Memorandum of Agreement. If the relief employee is on vacation or
otherwise unavailable for relief duties, the employee(s) on their three- or four-day off
period will be first on standby ....
Management reserves the right to utilize Management personnel as Operators on a short-
term, as needed basis, if no Operator is available.
Filling Vacant Positions
If the City elects to fill a vacancy other than by reassignment of the shift or the utilization
of prior or succeeding shift personnel, the following procedure shall be utilized:
Employees will be called according to their position on the Pre-arranged Overtime List
(POL), with the person with the lowest balance being the first one called. The purpose of
the POL is to fairly distribute the available opportunities. If an employee turns down the
overtime, that amount will be added to the employee’s POL balance. If an employee
cannot be contacted for such assignment, the employee will not have any overtime added
to their POL account balance.
Shift Changes
Shift changes caused by scheduled time off or sick leave will not be considered an
official change in shift.
Maximum Hours Worked
No employee shall work more than 18 consecutive hours.
Rest Period
In a 12-hour workday, employees are entitled to a rest period of 8 consecutive hours after
working 6 hours overtime during the 12 hours immediately prior to the regularly
scheduled hours of work on a workday or non-workday.
Holidays
Employees who begin their day or night shift on an observed holiday will receive
overtime premium in accordance with Section 3, Article X, and eight hours holiday pay
according to Article X, Section 3 of the Memorandum of Agreement. Employees on their
regular day offwill be paid eight hours holiday pay for the holiday. Relief shift
employees will be paid eight hours holiday pay and given the day off.1~,~,,.,~:~’-1~’~ ........... v,,: l_~,:
59
÷; ............ +~’’, *;~ ~’~’~" Employees working for Water
Quality Control Operations may accrue holiday time convertible to vacation.
Sick Leave
Sick leave will be earned as indicated in Article XII, Section l(a) of this Memorandum of
Agreement, and shall be charged in increments of one hour.
Floating Days Off
Floating days offwill be converted to hours at eight hours per day and credited to the
employees’ vacation bank for use as scheduled vacation.
Vacation
An employee’s total entitlement will be converted to hours (eight hours = one day). A
workday will consist of 12 hours, and employees taking vacation will be charged 12
hours of use. Two week notification is required for any scheduled time off. Only one
person at a time may be scheduled off.
It is the intention of the City that vacation be taken in units of one work week; however,
with approval of his/her supervisor, an employee may use his/her accrued vacation in
units of less than one work week.
Meals
Shift employees shall be permitted to eat their meals during work hours and shall not be
allowed additional time, therefore at City expense.
Overtime Meals
Overtime meals will be provided by the City for appropriate meals missed. Determination
of when an overtime meals is due based on Article VIII, Section 4 (a) and (b), except 4
(a) 3. When an employee is called out two hours or more before a regularly scheduled
shift and works the regularly scheduled shift, he/she will be entitled to a meal.
Shift Premium
Shift premium will be handled in accordance with the current Memorandum of
Agreement between the City and the Union, Article VIII, Section 8.
Jury Du.ty
Time off for jury duty which occurs on a regularly scheduled workday will result in the
employee being credited with up to 12 hours worked, for pay purposes.
60
Employees called for jury duty who are working the evening portion of the 12-hour
schedule will be placed, for payroll and scheduling purposes, on the day shift for each
scheduled day such employee is required to report for jury duty, and will not be required
to work the evening 12-hour shift before or after being required to report for jury duty.
However, such employee shall return to work on the day shift upon being released from ¯
such duty if there are at least four hours remaining prior to the end of the day shift.
All other provisions of Article XII, Section 5, of the current Memorandum of Agreement
shall apply.
61
APPENDIX E
For employees in the following operations assigned to work schedules other than
Monday through Friday, the calendar day will be considered the holiday for
premium pay of in-lieu scheduling purposes:
Communications
Water Quality Control
Animal Control
Golf Course
Utilities Services
Landfill
Open Space
Electric System Operator
If December 24 and 31 fall on Sunday, then the preceding Friday will be
designated for purposes of excused time off, except in the case of Community
Services staff who may be scheduled to work on Saturday, in which case Saturday
will be designated for purposes of excused time off. For Open Space and Library
personnel, designation of excused time off will be based on Park and Library
schedules and employee preference.
62
APPENDIX F
CITY OF PALO ALTO DENTAL. PLAN CHANGES
Changes As Agreed, Effective July 1, 1985:
The City will provide a 50% of reasonable charges, $1,500 lifetime maximum orthodontic
benefit for representation unit employees and their dependents.
Changes as Agreed, Effective May 1, 1987
(b)Effective May 1, 1987, the definition of "Dependent" in City Employees’ Dental Plan
shall include any other unmarried person under age 19, entirely supported by the
employee, permanently residing in the employee’s household and for whom the
employee or the employee’s spouse is (or was before the person’s 18th birthday) the
legal guardian.
Changes as Agreed, Effective January. 1, 1990
(c)The dental plan maximum benefit per calendar year shall be $2,000, beginning with
January 1, 1990.
Changes as Agreed, Effective May 1, 1996
(d)Effective May 1, 1987, the definition of "Dependent" in City Employees’ Dental Plan
shall include any other unmarried person under age 19, entirely supported by the
employee, permanently residing in the employee’s household and for whom the
employee or the employee’s spouse is (or was before the person’s 18th birthday) the
legal guardian.
(e)The dental plan maximum benefit per calendar year shall be $2,000 beginning with
January 1, 1990.
63
APPENDIX G
Promotional opportunities within the Communications Division will be carried out in
compliance with procedures set forth in Article VI, Section 5, of the Memorandum of
Agreement between the City and SEIU Local 715, except that:
ao In sub-paragraph (e) of Article VI, Section 5, the term "seniority" shall be defined
as division seniority.
bo Division seniority will be calculated from an employee’s first day of employment
in the division, minus any unpaid leave.
64
APPENDIX H
VOLUNTARY FURLOUGH
The Union and the City have agreed to facilitate a voluntary furlough wherein SEIU
Local 715 represented employees receive furlough time off during the 2004-2005 fiscal
year in exchange for a salary reduction, in order to save the City a one time amount of
$480,000 and to mitigate the possibility of cuts in City-services.
The Union and the. City agree that employees who choose to participate will sign and
submit a furlough authorization form to the Human Resources Department. Employees
must indicate on the authorization form the total-number of furlough hours they would
like to take off(up to 90). SEIU and the City agree that this voluntary furlough will only
be available and is expressly contingent upon the City’s receipt of valid, signed furlough
authorizations that provide at least $480,000 in salary savings to the City.
o Participating employees will agree to a salary reduction imposed in equal increments
through the fiscal year via a fiat deduction per pay period based upon the total furlough
time divided by the number of pay periods affected. Employees who work in
classifications that require 24/7 coverage may only take a maximum of three shifts of
furlough days.
The City will calculate the applicable salary reduction corresponding to the number of
hours donated by each participating employee for the fiscal year. The employee will be
credited with the corresponding number of furloughs hours, which will be available for
use under ordinary department vacation scheduling and usage procedures.
SEIU acknowledges that all agreed furlough hours must be used on or before June 30,
2005, and agrees that furlough days will be taken before any vacation days are used, and
will be scheduled in accordance with ordinary department vacation scheduling and usage
procedures. The City (Human Resources Department) will keep a tally of FY ’04-’05
furlough hours for each participating SEIU employee, and will review furlough status
quarterly with SEIU during labor/management meetings.
No layoffs are proposed in the FY ’04-’05 budget. Should the City’s financial situation
deteriorate due to unforeseen economic conditions or State take-aways, and the
possibility of layoffs result, the City Manager will give prior notice to and consult with
the Union prior to recommending any layoffs to the City Council.
65
APPENDIX I
RADIO SHOP CLOSURE
The City will eliminate one vacant Communications Technician position and
contract out related job duties.
The Police Department agrees to retain Communications Technician Terri Hoang
in her current job classification. Ms. Hoang will retain portable and mobile
maintenance responsibilities. Any modification to the Communications
Technician job description, reflecting a change in job duties, will be discussed
through the normal Labor/Management meeting process.
The City and Union have met its legal requirement to meet and confer on this
issue.
66
ATTACHMENT "B"
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A COMPENSATION PLAN FOR CLASSIFIED
PERSONNEL (SEIU) AND RESCINDING RESOLUTION NOS.
8056, 8059, 8141, 8180, 8242, 8251, 8310 AND 8313
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION i. Pursuant to the provisions of Section 12 of
Article III of the Charter of the City of Palo Alto, the
Compensation Plan, as set forth in Exhibit "A" attached hereto and
incorporated herein by reference, is hereby adopted for Classified
Personnel (SEIU) effective May i, 2004 through April 30, 2006.
SECTION 2.The Compensation Plan 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 is
hereby authorized to implement the Compensation Plan adopted herein
in his preparation of forthcoming payrolls. The Director of
Administrative Services is further authorized to make changes in
the titles of employee classifications identified in the Table of
Authorized Personnel contained in the 2003-05 budget if such tables
have been changed in the Compensation Plan.
SECTION 5.Resolution Nos. 8056, 8059,
8242, 8251, 8310 and 8313 are hereby rescinded.
//
8141, 8180,
//
//
//
//
//
040723 sm 8120487 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:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of
Administrative Services
Director of Human Resources
040723 sm 8120487 2
C1TY OF PALO ALTO
COMPENSATION PLAN
SEIU
CLASSIFIED EMPLOYEES
EFFECTIVE:Pay period including May 1, -2004- 2004
Through April 30, -24~P 2006
COMPENSATIONPLAN FOR THE CITY OF PALO ALTO
Classified Personnel
SECTION I. SALARY
Salary Ran,qe Table Information to be added later
-Veler.iP, ar~ n Tcchnicio~
Coordinater L~ra~/~
I
Public Works
UtH. Comp Toch
Offset Equipment Oporator- LoN
~ant Pc’::er Engineer
go
UtH. Ccmp Toeh
Account Assistant
Park Maintenance Person
P=rks Crcw Leadp~,uo/m~ Space Ass!sta~
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.
Merit advancements from the first salary step to the second salary step shall be
granted at six-month intervals and between the second and subsequent steps at
one-year intervals if the affected employee has demonstrated continued
improvement and efficient and effective service. For the purpose of determining
step time requirements, time will commence on the first day of the month coinciding
with or following entrance onto a salary step. Step increases shall be effective on
the first date of the payroll period in which the time and performance requirements
have been met.
5
In the event that a downward adjustment of a salary range indicates a reduction in
the established salary of an individual employee, the City Manager may if
circumstances warrant, continue the salary for such employee in an amount in
excess of the revised range maximum for a reasonable period of time. Such interim
salary ranges shall be defined as "Y rates."
SECTION II.
~+ sala~
increases will be as follows:
1. 0% salary .for the first year of the contract
2. The cement finisher and cement finisher lead classifications will receive a
7.4% effective 5-1-04.
3. Two facility lead classifications will receive a realignment of 2i% effective
7-1-04.
4. The positions listed below will receive a pool of $100,000 to adjust annual
salaries that are below the labor market median effective January 1, 2005.
Traffic Control Maintenance I
Traffic Control Maintenance II
Traffic Control Maintenance Lead
Equipment Maintenance Service
Person
Street Maintenance Assistant
Communications Technician
Senior Planner
Storekeeper
Storekeeper Lead
Utilities Account Representative
Parking Enforcement Officer
Parking Enforcement Officer Lead
Park Ranger
Senior Ranger
5%
5%
5%
5%
5%
10%
3.5%
4%
4%
7.5%
1.5%
1.5%
1.5%
1.5%
4.The cement finisher and cement finisher lead classifications will receive an
additional adjustment of 6.9% effective January 1,2005.
5. {a) Effective with the pay period including May 1,2-004- 2005, a 4-0 3%
6
increase (4% o{ which ~° an ~’~’ ,~t,, o,4~,,ot,-,.,~,-,t~.... .~,,;, ,.,,.,j ..........j at the Fifth Step will be
applied to all classifications in the representation unit.
6. Effective with the pay period including May January 1, ~ ~006, ~
forreali~nme~}will be applied to all classifications in the iapresented unit.
SPECIAL COMPENSATION
Personnel covered by this compensation plan, in addition to the salary set forth in Section I
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, Workin.q Out of Classification, and In-Lieu Holiday Pay
Compensation for overtime work, working out of classification and scheduled work
on paid holidays shall be in conformance with the Merit Rules and Regulations and
Administrative Directives.
Standby Pay, Call-Out Pay
1. Standby Compensation
Employees performing standby duty shall be compensated at the daily rates
established below:
Periods Compensation Effective Dates
Monday through Friday
4:30 p.m. - 8:00 a.m.
$50.00 per day 5/1/03
Saturday, Sunday ,$~ . O0 ~-,-. ,-,~ ,4°, ,~,--~,.,, ~/~.,,,/n~.
Holidays $68~t~y ..., ~/~,,/no ,,,_
$73.00 per day 5/1/03
Minimum Call-Out Pay
Employees not otherwise excluded from receiving overtime pay who are
Co
Do
called out to perform work shall be compensated for at least two hours’ pay
from the time of_the call-out for each occurrence at the appropriate overtime
rate. The two-hour minimum does not apply to employees called out to work
while earning pay for being in a standby status unless called out to perform
billable customer convenience work in which case the two-hour minimum will
apply.
Ni.qht Shift Premium
An additional $1 30 ’-’"" ~’"’" ,-,rJ~,.t~ ......~,, ,h .....~,,-,,~,-.,4 I,~,-4, ,~;,-,,,, ~a~,, ~ onn~
per hour effective with pay period including May I, 2003, night shift premium shall
be paid to employees for work performed between 6:00 p.m. and 8:00 a.m. A
minimum of two hours must be worked between 6:00 p.m. and 8:00 a.m. to qualify
for the premium. Employees who regularly work night shifts shall receive
appropriate night shift premiums, relating to night shift hours worked, in addition to
base pay for holidays, sick leave and vacation.
Tool Allowance
Mechanics in Equipment Maintenance shall be paid an annual tool allowance
5 ............ " ...... ~,-,,4 ~,,,-.,, ,,4~,~ ~o,, I_°00~. ,..,~’~’4,.~ ~n ,~,,,-.+~,,~,
,^,~m ~ ......,-,~,-,,4 ~,~,.,,,,4~,~,~ ~o,, ~. onno,.,,, °"~. $610 effective with the pay
period including May 1,2003.
2.All tool allowances shall be paid bi-weekly.
E°Group Insurance
1.Health Plan
The City shall pay all premium payments on behalf of employees and
dependents who are eligible for the employee-selected Public Employees’
Medical and Hospital Care Act (PEMHCA) optional plan.
a.Active Employee Domestic Partners
Effective July 1, 1996, active employee domestic partners who meet
the requirements of the City of Palo Alto Declaration of Domestic
Partnership, and are registered with the Human Resources
Department, will be eligible for reimbursement of the actual monthly
premium cost of an individual health plan, not to exceed the maximum
monthly premium cost of individual coverage under the PEMHCA
health plans. Evidence of premium payment will be required with
8
request for reimbursement.
b. Retiree Medical Provisions
Monthly City-paid premium contributions for a retiree-selected
PEMHCA optional plan will be made as provided under the Public
Employees’ Medical and Hospital Care Act.
The City’s employer contribution for each annuitant shall be 100% of
the single party premium, and the contribution for family members will
increase annually by 5% of the difference between the single party
premium and the two or family member premium, until such time as
the amounts are equal.
If a regular employee and/or the employee’s dependent(s) are
eligible for medical insurance through another employer-sponsored
or association medical plan, the employee may opt for alternative
medical insurance coverage through the other employer-sponsored
or association plan and waives his/her right to the City of Palo
Alto’s medical insurance coverage for same.individuals.
Employees electing alternative coverage and no City coverage will
receive cash payments of approximately half of the "average
monthly premiums" for their medical insurance coverage.
"Averaged monthly premiums" are the average of the Kaiser HMO,
Blue Shield HMO and PERS Choice PPO premiums of the
employee’s City medical coverage available through the Public
Employee Retirement System (PERS).
The rates for 2004 are as follow:
One Party:$160.00
Two Party:$315.00
Family:$410.00
Dental Plan
The City shall pay all premium payments on behalf of employees, and
dependents of employees. Effective July 1, 1996, dependents will include
domestic partners as defined under Section 1 .a., who are eligible for coverage
under the City’s self-insured dental plan. The maximum benefits per calendar
year shall be $2,000 effective January 1, 1990. Effective July 1, 2001, dental
9
implants in conjunction with one or more missing natural teeth, and removal of
implants will be covered as a Major Dental Service at 50% usual, customary and
reasonable (UCR.)
The City shall assume any premium rate increase in existing employee and
dependent dental coverage.
Basic Life Insurance
The City shall continue the basic life insurance plan as currently in effect for the
term of this compensation plan.
Lon.q Term Disability Insurance
The City shall continue the long term disability insurance plan currently in effect
for the term of this compensation plan, with an increase in the maximum benefit
level under Plan A to $4,000, effective July 1, 1991. For Plan A, employee
coverage is subject to a voluntary payroll deduction of the insurance premium
applicable to the first $6000 of monthly salary, less a credit of $11.17 per month
to be paid by the City.
For Plan B, the maximum benefit level is $1800 of month. Employee coverage is
subject to a voluntary payroll deduction of the insurance premium applicable to
the first $2000 of monthly salary for Plan B; the City will pay premiums in excess
thereof.
The City will pay up to $17.50 per month toward long term disability insurance
premiums for those employees without eligible dependents covered under the
health insurance provisions.
Vision Care
Effective beginning July 1,. 1989, the City will offer vision care coverage for
employee and dependents. Coverage is equivalent to $20 Deductible Plan A
under Vision Service Plan with monthly premiums paid by the employer.
Effective July 1, 1996, dependents will include domestic partners as defined
under Section 1.a.
Fo Commute Incentives and Parkinq
Effective ~ August 1, 1994, represented employees who qualify may
voluntarily elect one of the following commute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work
10
locations. The City will provide a Civic Center Garage parking permit. New
employees hired after April 30, 1994 may initially receive a parking permit for
another downtown lot, subject to the availability of space at the Civic Center
Garage.
Public Transit. The City will provide monthly Commuter Checks worth the value
of:
$40 for employees traveling three two or more zones on Caltrain;
$40 for employees using the Dumbarton Express, BART, the ACE train or a
commuter highway vehicle;
$35 for employees traveling !css th~ thrcc within one zones on Caltrain;
$35 for employees using VTA, and other buses.
These ~~h~.~j~are pre-taxed and may be used toward the purchase of a
’-"’-"~*~’~" transit pass.
City ~,~’,-,,"1 ......" .......,*~" *" ....~ ....f $30 perCarpool. The will provide _.., ~. .............................
month (taxable income) to each eligible employee in a carpool with two or more
licensed dirvers. T~, ......... ~’~’° m~y bc uc~d ~ ,4 ,,o ;,-, ,, ~ ÷~,4 .... ;,., ¯
Vanpool Program. The City will provide Commuter Checks worth the value up
to $60 to each employee voluntarily participating in the Vanpool Program. These
vouchers are pre-taxed and may be used toward payment of the monthly cost.
Employees must fulfill the basic requirement of the Employee Commute
Alternatives Program to qualify.
Bicycle. The City will provide...,.~,.,.. ~’= ....~ ..........~..,,..,..’-~’~ ........_,.,,"" ÷~’,,.,. .....,~,..,..I, ," of $20 per month
(taxable: i~¢ome) to eligible employees who ride a bicycle to work. ~
Walk. The City will provide walker ...... ~" ....... ’~’ *~" .... ’ .... * $20 per
month(taxable income) to eligible employees who walk to work. Thoso vouchers
~.,~ ,~,~.~ .~ ..~,,.,,,~ ~,, ~
G. Dependent Care Assistance
Dependent Care Assistance Proqram. The City will provide a Dependent Care
Assistance program for employees according to the Provisions of the Federal
Economic Recovery Tax Act of 1981, Code Sections 125 and 129.
H. Retirement
The City will continue the present benefits under the Public Employees’
Retirement System 2% at age 60 formula act. Employees who retire and were
employed by the City on or before April 1, 1977, and spouses of deceased
employees who were employed by the City on or before April 1, 1977, shall
continue reductions in utility rates. All retired employees and spouses of
deceased employees shall also have residential privileges at City libraries, refuse
disposal area, golf course and swimming pools.
Effective with pay period including May 1, 1984, the City will pay the 7%
employee’s retirement contribution to the Public Employees’ Retirement System
(PERS). Such pick-up contributions shall be paid by the City in lieu of employee
contributions notwithstanding the fact that such pick-up of contributions may be
designated as employee contributions for purposes of PERS. For purposes of
negotiation hereafter, the payment by the City of the employee’s contribution
shall be deemed a 7% adjustment in salary for the year May 1, 1984 through
April 30, 1985.
Notwithstanding Section 2 above, and pursuant to Government Code Section
20615.5, upon filing a notice of retirement the 7% City-paid PERS employee
contribution will be converted to a salary adjustment of equal amount on a one-
time irrevocable basis for the final twelve months immediately prior to a
retirement. For this final twelve-month period the employee shall pay PERS
employee contribution.
The City will amend its contract with the Public Employees’ Retirement System
to provide for section 21354, 2% @ 55, Full, Supplemental or Modified Formula
for Local Miscellaneous Members, to be effective January 1, 1999.
As to SEIU employees hired after January 1, 2005, the PERS law vesting
schedule set forth in Government Code section 22825.5 will apply. Under that
law, an employee is eligible for 50% of the specified employer health premium
contribution after ten years of service, credit, provided at least five of those years
were performed at the City of Palo Alto. After ten years of service credit, each
additional service credit year increases the employer contribution percentage by
5% until, at 20 years’ service credit, the employee will be eligible upon retirement
for 100% of the specified employer contribution and 90% of their dependent
12
I.Tuition Reimbursement
City will reimburse expenses for tuition, books and curriculum fees, incurred
by non-probationary employees within the representation unit, to a maximum
of $1,000 per fiscal year, for classes given by accredited institutions of
learning or approved specialized training groups. The City will also reimburse
professional association memberships and conference registration fees,
professional books and periodicals.
For purposes of this subsection, tuition does not include costs for equipment or
tools (except for computer hardware and software), if the employee may keep
such items at the end of the course.
Purchase of job-related computer software, hardware, high-speed Internet
access, telecommunication equipment and home office equipment/furniture may
be reimbursed under the Section (a) $1 ;000 tuition reimbursement benefit.
J.Vacation Cash Out
Once each calendar year an employee may cash out eight or more hours of vacation
accrual in excess of 80 hours, to a maximum of gl? 120 hours, provided that the
employee has taken 80 hours of vacation a.e-vac, at~ in the previous 12 months at
K. Bilinqual Premium
i3
~ete~-mir~e~!6Y the H.e.man F~esoarCe Director las qualifying to~:fill pS~ition~S-teq~iring
~iiii~gLiai s.p~,~k.!n~g &nd/or writing ability~when the emp!oy~
~luties~
~The Human Resource D~rector wdl determine the number timing,. Iocat~onand
duration of the assignments receiving the additional pay provided herein~and Which
languages:are needed. Sign language shall be recognized as a bilingual skill uhd~r
this Article,__ Disagreements over the designation of positions will be referred first.to
thelLabor Management Committee. If a disagreement still exists it will be referred
to the Grievance Procedure. ’ "
,-- F-~, <
,q)
Wn
UJ
_ v v O: 0 0 O;
nl
LU LU
~ Z Z
z Z 0 0 0 0 < < <IJJ uJ uJ uJ w w uJ i.~ u~
Og 01
~)
C~I 0 CO ¢~
=I
I~!JJ 111
U_17 17I-- 0
,
111
0 Z Z Z
~ c5 c6 e6 ~6 ~5 ~6 c6 00 o o o o o ~o o co ~0 ~o ea o ea ea .~ to to ea o oa
~ o x o o ~ ~ ~,~ ~ ~ ~ ~ o o~ ~ ~ ~
z z 0 0 0 0 < < < < < ~ ~ ~ _
E
W W --
111 111 W UJ 111 wwwWWWWWO <
h ~ ~ ~ ~ h ~ h ~ D D D D D D D D D D D