HomeMy WebLinkAboutStaff Report 2502-4174CITY OF PALO ALTO
CITY COUNCIL
Regular Meeting
Monday, March 17, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
6.Adoption of Memorandum of Agreement with SEIU, Local 521 for a Term of Three Years
Expiring December 31, 2027; CEQA Status - Not a Project
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Human Resources
Meeting Date: March 17, 2025
Report #:2502-4174
TITLE
Adoption of Memorandum of Agreement with SEIU, Local 521 for a Term of Three Years
Expiring December 31, 2027; CEQA Status - Not a Project
RECOMMENDATION
Staff recommends that the Council adopt a new Memorandum of Agreement (MOA) between
the City of Palo Alto and the Service Employees International Union (SEIU), Local 521, effective
from the first full pay period following Council adoption through December 31, 2027.
BACKGROUND
As a local public agency, the City of Palo Alto is required under California State law to meet and
confer in good faith with recognized labor organizations to reach agreements regarding wages,
hours, and other terms and conditions of employment. Negotiations between City
representatives and SEIU representatives have concluded with a tentative agreement, pending
Council approval.
The SEIU unit is the City’s largest bargaining group, representing 605 full-time positions across
departments including Utilities, Libraries, Public Works, Public Safety, Community Services,
Planning, Information Technology and Administrative Services. The previous agreement expired
on December 31, 2024. Formal negotiations began in September 2024, and after 19 sessions, a
tentative agreement was reached on February 12, 2025. The SEIU membership voted to ratify
the agreement on February 27, 2025.
ANALYSIS
The successful negotiation of this agreement advances the City’s long-term labor strategy,
originally established by the Council in 2019. This agreement aligns with key strategic priorities
and reinforces the three core pillars of our labor strategy: Recruitment, Retention, and
Operational Efficiencies—ensuring a sustainable and competitive workforce model for the
future.
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Following what industry analysts coined the “Great Resignation,” a nationwide workforce shift
triggered by the COVID-19 pandemic, the City experienced a decade-high vacancy rate of 17%.
The previous labor agreement (January 2023 – December 2024) focused on competitive market
positioning and increased flexibility in benefits—providing greater employee choice to enhance
retention. As a result, vacancies have steadily declined toward 10% over the past contract term.
positive workforce trajectory, reinforce a strong organizational culture, and
uphold the City’s reputation as an employer of choice, this agreement continues competitive
market placement while introducing additional operational efficiencies—such as streamlining
recruitment processes to expedite hiring top talent. Additionally, the agreement supports the
retention of institutional knowledge and advancement of skilled employees, strengthening the
City’s long-term workforce sustainability.
Key Terms of the Tentative Agreement:
1. Term: Three years (effective from the first full pay period following Council adoption
through December 31, 2027).
2. General Wage Increases (COLAs):
Year 1: 3%
Year 2: 2.5%
Year 3: 3%
3. Market-Based Adjustments:
Applied selectively to classifications identified through market surveys to ensure
competitive placement within the local job market.
Market-based increases will be distributed over the first two years (50% in Year 1
and 50% in Year 2).
4. Flexible Compensation (Flex Comp):
Year 1: Additional $150 per month in flexible compensation (in lieu of increased
medical premium contributions).
Year 2: Additional $50 per month in flexible compensation.
5. Medical Premium Contributions:
Year 3: City contributions toward employee medical premiums will increase by
approximately 4%.
6. One-Time Payment:
A $300 discretionary one-time payment to all SEIU-covered classifications,
payable in the first full pay period following Council adoption.
7. Streamlined Recruitment process
Posting period reduced to 5-day minimum
Expedited internal/external initial candidate review process
8. Additional Improvements
Clean up of contract verbiage to ensure clarity and inclusive neutral language
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Improved Long Term Disability coverage at a reduced cost to City and Employee
Streamlined grievance procedure
FISCAL/RESOURCE IMPACT
Approval of the staff recommendations outlined in this report will result in cumulative costs of
approximately $7.7 million in the General fund ($20.2 million in all funds) over the term of the
SEIU agreement, which extends three years (from the first full pay period following Council
adoption through December 31, 2027). Ongoing annual costs for these agreements once the
contract term ends are estimated at $4.7 million in the General Fund ($12.5 million in all funds).
The FY2025 Adopted Budget and FY 2026 – 2035 Long Range Financial Forecast (LRFF) include a
level of modeling and reserves to plan for additional costs resulting from new labor
agreements. The City’s forecast is in alignment with the terms of this recommended
agreement. Staff acknowledges that this forecast reflects projected deficits; however, as noted
earlier, has planned the use of reserves to ensure the City can support the near-term financial
impacts of this contract during uncertain economic times. Ongoing, staff will continue to
monitor economic uncertainty and work with the City Council to fund priority needs while
funding costs associated with this agreement.
For funds other than the General Fund, no specific reserve for these increases were allocated,
however sufficient funding remains in these funds through either appropriated funds or
reserves, including fund balance. These compensation adjustments will be included in the
annual budget development process.
STAKEHOLDER ENGAGEMENT
City staff will post the Memorandum of Agreements and salary schedules on the City’s website
after Council adoption for public access. In addition, Human Resources will communicate the
changes to the terms of these agreements to support employee retention and highlight in job
postings to attract new talent and fill vacancies.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by the California Environmental Quality
Act (CEQA) because approval of this MOA is a continuing administrative activity. CEQA
Guidelines section 15378(b)(2).
ATTACHMENTS
Attachment A: MOA between SEIU 521 and the City of Palo Alto – Redline copy
Attachment B: MOA between SEIU 521 and the City of Palo Alto – Clean copy
Attachment C: Salary Schedules
APPROVED BY:
Sandra Blanch, Human Resources Director
CITY OF PALO ALTO
Memorandum of
Agreement
City of Palo Alto and Service Employees
International Union (SEIU) Local 521
January 1, 2025 – December 31, 2027
City of Palo Alto and SEIU Local 521
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TABLE OF CONTENTS
PREAMBLE........................................................................................................................6
ARTICLE 1 – RECOGNITION..........................................................................................6
Section 1 - Recognition...................................................................................................6
Section 2 - Protection of Unit..........................................................................................6
ARTICLE 2 - NO DISCRIMINATION..............................................................................7
Section 1 – Discrimination..............................................................................................7
Section 2 - Right to Join the Union.................................................................................7
ARTICLE 3 – UNION MEMBERSHIP..............................................................................7
Section 1 - Notice............................................................................................................7
Section 2 – Payroll Deductions........................................................................................8
Section 3. Certification of Union Membership................................................................8
Section 4. Indemnification, Defense and Hold Harmless................................................9
Section 5 - Documentation..............................................................................................9
Section 5 - Bulletin Boards and Departmental Mail........................................................9
Section 6 - Access to Union Representatives................................................................10
Section 7 - Meeting Places............................................................................................10
Section 8 - Notification to the Union.............................................................................10
Section 9 - Union Logo..................................................................................................10
Section 10 - Public Notice.............................................................................................11
Section 11 - Use of Agency Reports..............................................................................11
Section 12 - Job Postings...............................................................................................11
Section 13 - Contracting Out.........................................................................................11
ARTICLE 4 – STEWARDS AND OFFICERS.................................................................11
Section 1 - Union Officers.............................................................................................11
Section 2 - Number of Stewards....................................................................................11
Section 3 - Release Time...............................................................................................12
Section 4 - Advance Notification Before Leaving Work Location...............................12
Section 5 – Release Time..............................................................................................12
Section 6 - Designated Union Space.............................................................................13
Section 7 - Union Officers and Release Time...............................................................13
ARTICLE 5 - REDUCTION IN FORCE..........................................................................13
Section 1 - Attrition.......................................................................................................13
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Section 2 - Advance Notice...........................................................................................13
Section 3 - Order of Layoff...........................................................................................13
Section 4 - Seniority/Bumping Rights...........................................................................14
Section 5 - Re-Employment List...................................................................................14
Section 6 - Sick Leave Balances....................................................................................14
Section 7 - Hourly Employees Performing Duties........................................................14
ARTICLE 6 - PERSONNEL ACTIONS...........................................................................15
Section 1 - Probation.....................................................................................................15
Section 2 - Personnel Evaluations.................................................................................15
Section 3 - Personnel Files............................................................................................15
Section 4 - Release of Information................................................................................16
Section 5 - Promotional Opportunities..........................................................................16
Section 6 - Rights...........................................................................................................18
Section 7 - Apprentice Positions....................................................................................18
Section 8 - Rotation.......................................................................................................19
ARTICLE 7 - PAY RATES AND PRACTICES..............................................................19
Section 1 - Salary...........................................................................................................19
Section 2 - Step Increases..............................................................................................19
Section 3 - Working Out of Classification....................................................................19
Section 4 - Classification Changes................................................................................20
Section 5 - Reclassification Requests............................................................................20
Section 6 - Assignment to a Lead Position....................................................................21
Section 7 - Total Compensation and Survey Database..................................................21
Section 8 - Direct Deposit..............................................................................................22
ARTICLE 8 - HOURS OF WORK, OVERTIME, PREMIUM PAY...............................22
Section 1 - Work Week and Work Day.........................................................................22
Section 2 - Overtime Work............................................................................................23
Section 3 - Work Shifts..................................................................................................25
Section 4 - City-Paid Meals...........................................................................................25
Section 5 - Break Periods..............................................................................................27
Section 6 - Clean-Up Time............................................................................................27
Section 7 - Standby Pay, Call-Out Pay..........................................................................27
Section 8 - Night Shift Premium...................................................................................27
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Section 9 - Bilingual Premium......................................................................................28
Section 10 - Communications Training Officer (CTO) Compensation.........................28
ARTICLE 9 - UNIFORMS AND TOOL ALLOWANCES..............................................28
Section 1 - Uniforms......................................................................................................28
Section 2 - Tool Allowance...........................................................................................32
Section 3 - Shoe Allowance...........................................................................................32
Section 4 – Certifications...............................................................................................32
Section 5 - Weather Protection......................................................................................37
ARTICLE 10 - HOLIDAYS..............................................................................................37
Section 1 - Fixed Holidays............................................................................................37
Section 2 - Pay for Fixed Holidays................................................................................38
Section 3 - Work on Fixed Holidays.............................................................................38
Section 4 - Variations in Work Week............................................................................38
Section 5 - Floating Days Off........................................................................................39
ARTICLE 11 - VACATIONS...........................................................................................39
Section 1 - Vacation Accruals.......................................................................................39
Section 2 - Holiday Falling During Vacation................................................................40
Section 3 - Illness During Vacation...............................................................................40
Section 4 - Accrued Vacation Pay for Deceased Employees........................................40
Section 5 - Effect of Extended Military Leave..............................................................40
Section 6 - Vacation at Termination..............................................................................41
Section 7 - Vacation Cash Out.......................................................................................41
ARTICLE 12 - LEAVE PROVISIONS............................................................................41
Section 1 - Sick Leave...................................................................................................41
Section 2 - Bereavement Leave.....................................................................................43
Section 3 - Military Leave.............................................................................................43
Section 4 - Leave Without Pay......................................................................................43
Section 5 - Jury Duty and Subpoenas............................................................................44
Section 6 - Time Off to Vote.........................................................................................44
Section 7 - Disapproval of Leave of Absence...............................................................44
Section 8 - Personal Business Leave Chargeable to Sick Leave...................................44
Section 9 - Return to Assignment..................................................................................44
ARTICLE 13 - WORKERS' COMPENSATION INSURANCE......................................45
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Section 1 - Industrial Temporary Disability..................................................................45
Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees.45
ARTICLE 14 - BENEFIT PROGRAMS...........................................................................45
Section 1 - Health Plan..................................................................................................45
Section 2 - Dental Plan..................................................................................................48
Section 3 - Vision Care..................................................................................................49
Section 4 - Life Insurance..............................................................................................49
Section 5 – Long Term Disability Insurance.................................................................49
Section 6 - Effective Date of Coverage for New Employees........................................49
Section 7 - Dual Coverage.............................................................................................49
Section 8 - Deferred Compensation...............................................................................50
Section 9 – Dependent Care Assistance Program and Medical Flexible Spending
Accounts........................................................................................................................50
Section 10 - Training Programs......................................................................................50
ARTICLE 15 – RETIREMENT........................................................................................50
Section 1 - PERS Continuation......................................................................................50
Section 2 - Employee Share...........................................................................................51
Section 3. Employer Share............................................................................................52
ARTICLE 16 - COMMUTE INCENTIVES AND PARKING.........................................52
Section 1 - Commute Incentive.....................................................................................52
Section 2 – Parking Lot Security – Municipal Service Center......................................53
Section 3 – Bicycle Lockers and Motorcycle Parking...................................................53
ARTICLE 17 - PHYSICAL EXAMINATIONS...............................................................53
ARTICLE 18 – SAFETY..................................................................................................54
Section 1 - Health and Safety Provisions......................................................................54
Section 2 - Union Cooperation......................................................................................54
Section 3 - Safety Committees and Disputes.................................................................54
ARTICLE 19 - GRIEVANCE and APPEAL PROCEDURE...........................................55
Section 1 - General Provisions......................................................................................55
Section 2 – Definitions..................................................................................................55
Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action
Procedure.......................................................................................................................55
Section 4 - Grievance and Appeal Procedure................................................................57
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ARTICLE 20 - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY
ACTION............................................................................................................................59
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2023 - 2024 MEMORANDUM OF AGREEMENT
City of Palo Alto and SEIU Local 521
PREAMBLE
This Memorandum of Agreement (hereinafter “MOA” is entered into by the City of Palo
Alto (hereinafter referred to as the “City”) and Local 521 Service Employees’ International
Union, CTW (hereinafter referred to as the “Union”). For the purposes of this MOA
“employee” shall mean an employee assigned to a classification within the SEIU General
Employee bargaining unit. This MOA is pursuant and subject to Sections 3500-3510 of
the Government Code of the State of California and Chapter 12 of the City of Palo Alto
Merit Rules and Regulations.
ARTICLE 1 – RECOGNITION
Section 1 - Recognition. 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 hereto. This unit, shall for purposes of
identification, be titled the SEIU General Employees bargaining unit (hereinafter “General
Unit”).
Section 2 - Protection of Unit. No supervisor will perform the work of an employee in the
General Unit provided that there is an employee available who regularly performs such
work. This does not preclude a supervisor from performing work of a minor nature or
during bona fide emergencies or on a standby status when willing and qualified unit
employees do not live within a reasonable response time of their work location.
Supervisory personnel shall be called out to perform unscheduled work only when SEIU
General unit employees are unavailable to perform such work or in cases of bona fide
emergencies as defined in Article VIII, Section 2. In cases of bona fide emergencies, SEIU
General Unit employees shall be called out to complete the necessary work after the
immediate emergency situation has been reasonably contained.
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ARTICLE 2 - NO DISCRIMINATION
Section 1 – Discrimination. The City of Palo Alto is committed to providing a work
environment free from all forms of harassment and discrimination and agrees not to
harass or discriminate against employees or applicants based on such characteristics such
as race, ethnicity, color, religion, political affiliation, veteran status, military status,
national origin, ancestry, disability, medical condition, marital status, age, pregnancy, sex,
sexual orientation, gender identity and gender expression, or the perception that any
person has such characteristic, and any other characteristic protected by federal or state
law or City Ordinance. The City of Palo Alto will not harass or discriminate against
employees from exercising their rights to organize in accordance with the Meyers-Milias
Brown Act.
Complaints of harassment or discrimination may be reported to any of the following
individuals:
•Immediate supervisor
•Any supervisor or manager within or outside of the department
•Department Head
•Human Resources Director
Complaints will be investigated in accordance with the City’s Policy and Procedures.
Section 2 - Right to Join the Union. The City and the Union agree to protect the rights of
all employees to exercise their free choice to join the Union and to abide by the express
provisions of applicable State and local laws.
ARTICLE 3 – UNION MEMBERSHIP
Section 1 - Notice.
a) 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 packet of information provided by the Union, and will maintain
a current copy of the Memorandum of Agreement on the City’s website.
b) When a group new employee orientation is held for new employees of the bargaining
unit, a union representative shall be permitted to make a presentation to such bargaining
unit employees during the employee orientation for the purpose of explaining matters of
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representation. The presentation shall not exceed 30 minutes. Management will not be
present during the Union presentation. The City will provide release time to a steward or
Union Officer for purposes of making the presentation. In addition, a non-City employee
Union representative will also be given access to attend for the purposes of making the
presentation.
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Section 3. Certification of Union Membership.
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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, or
designee 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.
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be consistent with Article 5 – Reduction in Force.
c) Vacancies and Temporary Personnel.
The City agrees to notify SEIU Local 521 in writing when any irregular, temporary,
hourly, provisional, special or extra help employee who consistently performs
work typical of the SEIU Local 521 bargaining unit exceeds 1,000 hours of work
within a 18-month period. The City agrees to notify SEIU Local 521 in writing when
any position covered by this agreement is left vacant for more than 60 days. The
City will notify SEIU and, upon request, In coordination with the SEIU 521 Hourly
representation Unit, the City and SEIU 521 may meet regarding the conversion of
any long term and on-going hourly positions which the City proposes to convert
may be converted to full time positions through the budget process.
Section 9 - Union Logo. All materials and documents produced on Itek and metal plates,
by the City print and reproduction shop, shall carry the Union label on the inside of covers
or title pages in accordance with customary printing trades practices.
Section 10 - Public Notice.
The City shall make available to the Union, in a timely manner, copies of all City Council
meeting agendas, minutes and schedule of meetings. These materials will be available
online via the City’s website.
Section 11 - Use of Agency Reports.
Upon request, the City shall provide to the Union reports by department on the use of
agency temporaries filling representation unit vacant positions, or doing work similar to
that of representation unit classifications.
Section 12 - Job Postings.
The City shall incorporate the requirements of this Article when publicizing job
announcements for classifications covered by this Memorandum of Agreement.
Section 13 - Contracting Out.
The City, through the labor management process, will 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.
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Prior to contracting out work, the City will attempt to fill vacant positions within the
classification which normally performs the work to be contracted out; and attempt to use
voluntary overtime to reduce or eliminate the need to contract out.
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. Within the ninety
(90) day period of contracting out, both parties may offer alternatives to contracting out
and meet and confer on the impact of such contracting out of a bargaining unit employee
work.
The City will notify the Union in writing when contracting out work which has been
traditionally performed by bargaining unit workers, where such contracting out is
expected to replace a laid off bargaining unit position that has been eliminated within
ninety (90) days prior to the date of the planned contract work. When feasible, the City
will provide such notice prior to the beginning date of the planned contract work. The City
will meet with the Union upon request to discuss alternatives. This provision does not
apply to the filling of temporary vacancies of twelve (12) months or less duration. The
City will provide the Union with a biannual list by department of all contract workers or
vendors who are contracted by the City who perform work for the City. The City will make
a reasonable effort to identify the names of the vendors on the list and the nature of the
work provided by each vendor.
ARTICLE 4 – STEWARDS AND OFFICERS
Section 1 - Union Officers.
The Union agrees to notify the Director of Human Resources of those individuals
designated as Union officers and stewards who receive and investigate grievances and
represent employees before Management. Alternates may be designated to perform
steward functions during the absences or unavailability of the steward.
Section 2 - Number of Stewards.
The number of stewards designated by the Union at a given time shall not exceed thirty-
five (35).
Section 3 - Release Time.
It is agreed that, as long as there is prior notice as specified below to the Supervisor and
the release of stewards will not unreasonably disrupt City operations, stewards shall be
allowed reasonable release time away from their work duties, without loss of pay, to
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represent a unit employee or employees on grievances or matters within the scope of
representation, including:
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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.
ARTICLE 5 - REDUCTION IN FORCE
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requisitioned and for which the employees are qualified for a period beginning with
notification and ending sixty (60) days following the reduction in force. Employees
transferred or reclassified under this section will be assigned to the step in the new
classification salary range closest to the employee's salary range at the time of
reclassification. Employees laid off pursuant to this section shall receive the balance of
all regular City compensation owed and severance pay equal to one month’s salary at the
employee’s final rate of pay at termination. This does not include any amounts payable
under Article V, Section 6, or PERS contribution refunds, if any.
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Section 6 - Sick Leave Balances.
ARTICLE 6 - PERSONNEL ACTIONS
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Section 2 - Personnel Evaluations.
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example, if the City recruits for a Planner but ends up underfilling the position with an
Associate Planner, the incumbent may be reclassified to a Planner once they qualify for
that classification.
Posting. Promotional opportunities for classifications within the representation unit
will be posted for at least one (1) week fourteen (14) calendar days prior to selection.
Outside recruitment may be used for promotional openings and may begin at the time
of posting, or any time thereafter. If, however, there are three or more qualified
internal candidates within the department where the vacancy occurs, and those
candidates successfully complete the selection process, outside candidates will not be
considered.
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.
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 and on the City’s career website 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. Internal candidates who successfully complete the screening and
testing process shall be granted an interview. The granting of an interview does not
guarantee that the internal candidate will be selected for the position. Selection
procedures may include any or all of the following phases:
Application. Both inside and outside candidates must complete a City of Palo Alto
application form specified by the Human Resources Department. Applications
must be submitted to the Human Resources Office.
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2)Screening. Applications will be screened by the Human Resources Department
and, in some circumstances, a manager from the Department seeking to fill a
position to ascertain whether candidates meet minimum requirements as
outlined in the job description. Internal candidates deemed not to meet minimum
requirements may submit additional qualification information writing within three
working days of notification of requirement deficiency.
3)Performance Testing. Performance tests, such as typing, machinery or vehicle
operation, skills demonstration, physical agility, etc., will be qualifying. Pass-fail
points will be announced in advance for qualifying tests. If requested in writing
prior to the test, performance test may be witnessed by Union steward.
4)Written Tests. Written achievement or aptitude tests will be qualifying. Pass-fail
points will be announced in advance for qualifying tests.
5)Interviews, Appraisals. Interviews may be conducted individually or by interview
boards and will be qualifying. Interview boards shall be composed of qualified and
unbiased people. Where interview boards are used, Management will include at
least one bargaining unit employee on each board. If individual interview or an
interview board is used, a majority of the individuals or board members must
recommend a candidate in order for the candidate to qualify for appointment.
Performance appraisals written by candidates' supervisors may be used as
indicated in the selection procedure.
d)Recommended Candidates. Candidates who successfully complete all phases of the
selection procedure will be recommended to the appointing authority.
e)Seniority. Seniority, for purposes of this Article, will be based on current service hire
date of record in a regular classification with no adjustment for leaves of absence.
Seniority ties will be determined in favor of the employee with the lowest employee
number last four digits. Exceptions to this subsection may be established by mutual
agreement on a departmental or divisional basis. Such exceptions are listed in
Appendix E.
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.
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g)Violations. Any violation of this Article may be appealed to the Human Resources
Director in Step III of the grievance procedure.
Eligibility List (Pilot program). Human Resources may maintain an eligibility list of
those applicants who interviewed and were ranked within the top three (3). Candidates
on an eligibility list will be considered for any vacant position in the classification for which
the list exists, without the need to submit a new application under section (c)(1) of this
provision. This pilot program will sunset with the expiration of the MOA, but not later
than December 31, 2024, unless extended by written agreement of the parties.
ARTICLE 7 - PAY RATES AND PRACTICES
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CAFR), with total rates and ranges as set forth in Appendix A (Salary Schedule) attached
hereto.
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Section 4 - Classification Changes.
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days after the initial hearing date. The same time line will be observed for disputes
over the accuracy of the revised classification description. The parties will notify
the arbitrator of this deadline at the time of the arbitrator’s selection. In reaching
a decision on wage range and steps under Section 4(a) or 5(b) above, the arbitrator
shall base his or her their award on the factors traditionally taken into account in
the establishment of compensation. When deciding a dispute over the accuracy
of the revised classification description under section 5(b) above, the arbitrator
shall identify the modifications of the pre-existing classification necessary to
accurately reflect the permanent changes, if any, that have been implemented.
Upon receipt of the arbitrator’s award, the City shall implement the revised
classification and wage range or steps as provided in the award except as provided
under subsection 5(c) of this section below. Notwithstanding an arbitrator’s
award pursuant to any appeal process, the City retains the right to forego
implementing the changes and the proposed changes shall revert to the status
quo as it existed before those changes in duties occurred or were proposed.
d) An employee may submit a request for reclassification for the same classification
no more than once every twenty-four (24) months.
Section 6 - Assignment to a Lead or Senior 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 a minimum of seven (7%) percent above the pay
step of the highest paid employee on the crew.
All vacancies in senior positions shall be filled in accordance with Article 6, Section 5. The
top step of the pay range for the senior position shall be a minimum of seven (7%) above
the top step of the pay range for the position below it in the series. 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.
Section 7 - Total Compensation and Survey Database.
Management and the Union have agreed to a compensation survey database
structure which identifies specific benchmark classifications for job families,
classifications within the job families of each benchmark classification, survey
agencies and survey classification matches. Survey Cities include:
Alameda Hayward San Mateo
Berkeley Mountain View Santa Clara
Daly City Redwood City S. San Francisco
Fremont San Jose Sunnyvale
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If the employer list will not permit the production of a survey report that includes data
from at least four (4) employers that employ employees in a classification comparable to
the classification surveyed by the City, neither party is precluded from bringing forward
information on other employers in the relevant recruitment area that employ workers in
a comparable classification so that data from at least five (5) surveyed employers will be
included in the study, if feasible. Such employer may include any public or private
employer.
The database is intended to provide one source of information concerning how the
compensation paid to employees in bargaining unit job classifications compares to that
paid by other employers. The City will update the survey database and send the Union a
copy no later than August 31, 2024. This survey will be considered in connection with
special adjustment proposals in successor agreement negotiations. By agreeing to a
survey database, neither the Union nor Management the City is under obligation to
propose or agree to special adjustments.
City will agree to review the market studies (classification matches and comparable
jurisdictions) for the classifications of Park Ranger and Public Safety Dispatcher II and will
meet with SEIU beginning in February 2023. Changes will be by mutual agreement only
and will be implemented for the Fiscal Year following City Council adoption (e.g., adoption
in May 2023 would be implemented for FY 2023-24).
Section 8 - Direct Deposit
The City shall directly deposit all paychecks for Unit employees in a financial institution of
the employee’s choice that accepts direct deposits and does not charge the City a fee(s)
for direct deposit service. In the event that the employee fails to designate a financial
institution for direct deposit of his or her payroll check, the employee shall pick up the
check personally in the City’s Administrative Services Department office on the next
business day following payday at a pickup time designated by Administrative Services.
ARTICLE 8 - HOURS OF WORK, OVERTIME, PREMIUM PAY
Section 1 - Work Week and Work Day.
The standard workday for regular full time employees shall be one of the following:
•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 hours (four-day work week);
or
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•Nine hours to be worked within a maximum of ten hours 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 and flexible scheduling for Police
Dispatchers, tThe standard work week for regular full time employees shall be forty (40)
hours to be worked within five seven consecutive days, including the standard 5/8 work
schedule, the 4/10 work schedule, the 9/80 work schedule, and flexible staffing for
Dispatchers. Additional exceptions to the above are listed in Appendix C. The Union shall
be notified of any further exceptions to this section in accordance with Article 3 III, Section
8. For purposes of the Fair Labor Standards Act (FLSA), the standard workweek shall begin
at midnight on Sunday and end at 11:59pm on the following Saturday. However, the
workweek of employees on the 9/80 schedule shall begin and end at the mid-point of the
employee’s 8-hour workday, and the workweek for Dispatchers shall begin and end on
the day designated by departmental policy.
The City and the Union agree that the availability of alternate/flexible work schedules is
a valuable benefit in that they promote job satisfaction while also reducing traffic
congestion and air pollution. Employees may utilize flexible arrangements to attend
trainings, seminars, meetings, or for other mutually agreed upon situations. Any such
change to work hours shall be approved by the supervisor in advance and should not
result in overtime.
During the term of this agreement, employees, subject to the conditions of their job
assignment, may propose an alternate work schedule as listed under this Section. Such
proposals must be made to the department head through the immediate supervisor.
Serious consideration will be given to the feasibility and productivity of such proposals,
however Management retains the right to determine scheduling needs.
Section 2 - Overtime Work.
a) Overtime work for all unit employees shall be defined as any time worked beyond
the standard workday or beyond the standard work week.
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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.
b) Emergency overtime is defined as unplanned overtime work arising out of
situations involving real loss of service or property or personal danger. Emergency
overtime does not include:
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.
c) Compensation to employees working overtime will be in the form of additional
pay at the rate of one and one-half times the employee's applicable hourly salary
with the exception that an employee may request and, upon approval, be granted
compensatory time off at the rate of one and one-half hours for each hour of
overtime worked, subject to the limitations of applicable state and federal laws.
Two times the employees’ applicable hourly salary will be paid for billable
customer convenience overtime and emergency overtime as defined in
subsection (b) above. Employees may elect at any time to cash out compensatory
time off hours or roll into vacation time, up to applicable maximums. These
elections must be made via the Compensatory Time Cashout Form submitted to
payroll and will take place the following pay period, if received by the form’s due
date. Any compensatory time off hours not taken, allocated, or cashed out will be
automatically cashed out once a year during the last pay period in December first
pay period in April.
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 nine (9) hour rest period before returning to work.
When an employee is called back to work and works a minimum of three (3) hours
of emergency overtime during the period at least eight (8) hours but not less than
two (2) hours before the start of their regular work shift (e.g., for an employee
with an 7:00am start time between the hours of 11:00pm and 5:00am), the
employee shall be entitled to a six (6) hour rest period commencing at the time of
release from duty. If the rest period overlaps the employee’s regular work shift in
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whole or in part, they will be paid at the straight-time rate for the time that falls
within their regular work shift.
The City may require an employee to work during their designated rest period.
However, in that event, the employee will be paid for the rest period plus straight
time for the hours actually worked during the rest period (i.e., double time for
hours worked during the rest period).
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.
g) Part-time Employees. Authorized hours worked by an employee in a budgeted,
part-time position in excess of the scheduled hours of work of the position shall
be compensated at the employee’s applicable hourly rate up to the maximum of
non-overtime hours in the work period applicable to the employee. If a part-time
employee works more than 80 hours in a pay period then overtime will be paid in
accordance with the FLSA.
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.
Section 4 - City-Paid Meals.
In accordance with City policy, the City of Palo Alto bases its meal reimbursement limits
on the U.S. General Services Administration (GSA) per diem rates. Those rates are
adjusted every October. For overnight travel per diem rates, the City reimburses based
on the rates applicable to the destination of travel, as provided by the GSA at
http://www.gsa.gov/portal/category/100120. For non-travel meals, the City will
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reimburse up the maximum GSA rates for the Palo Alto area. Receipts are required to
back-up these expenses.
For purposes of this section, emergency overtime is
defined as unplanned overtime arising out of situations involving real loss of
service or property or personal danger. The City agrees to reimburse for meals
based on GSA maximum rates for the Palo Alto Area and will provide meals in the
following emergency overtime situations:
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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.
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 their 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. If the City is unable to provide a meal,
the City agrees to reimburse for meals based on GSA maximum rates for the Palo
Alto Area. This policy only applies when an employee is held over, either voluntary
or mandated, on duty beyond a scheduled regular or overtime shift.
Section 5 - Break Periods.
All employees shall be granted a break period or coffee break limited to 15 minutes during
each four hours of work. Departments may make reasonable rules concerning break
period scheduling. Break periods not taken shall be waived.
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Section 6 - Clean-Up Time.
Standby Compensation
Minimum Call-Out Pay
Tthe two-hour minimum does not shall 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.
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Section 8 - Night Shift Premium.
Upon approval by the Human Resources Director, the City
is required to arrange for language testing within four (4) months of the approval.
Employees receiving bilingual pay must provide interpreter services upon request.
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Section 10 - Communications Training Officer (CTO) Compensation.
ARTICLE 9 - UNIFORMS AND TOOL ALLOWANCES
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Golf Course Equipment Mechanic
Golf Course Maintenance Person
Heavy Equipment Operator - Lead
Heavy Equipment Operator
Industrial Waste Inspector
Industrial Waste Investigator
Instrumentation Electrician
Laboratory Technician, Water Quality Control
Line Person/Cable Splicer
Line Person/Cable Splicer - Lead
Mail Services Specialist
Maintenance Mechanic/Maintenance Mechanic, Water Quality Control
Mechanical Unit Repairer
Meter Reader
Meter Reader – Lead
Mobile Service Technician
Motor Equipment Mechanic - Lead
Motor Equipment Mechanic
Offset Equipment Operator - Lead
Offset Equipment Operator
Park Maintenance Assistant
Community Services Officer Park Maintenance Person
Park Crew - Lead
Park Maintenance - Lead
Park Ranger
Parks & Open Space Assistant
Police Records Specialist
Refuse Disposal Attendant
Senior Chemist
Senior Industrial Waste Inspector
Senior Industrial Waste Investigator
Senior Instrumentation Technician
Senior Operator, Water Quality Control
Senior Mechanic, Water Quality Control
Senior Park Ranger
Sprinkler System Repairer
Street Maintenance Assistant
Storekeeper
Storekeeper-Lead
Street Sweeper Operator
Traffic Control Maintainer - Lead
Traffic Control Maintainer II
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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
Utilities Compliance Technician
Utility Field Service Representative
Utility Installer/Repairer
Utility Installer/Repairer Assistant
Utility Installer/Repairer – Lead
Utility Locator
Water Meter Cross Connection Technician
Water System Operator - Lead
Water System Operator
Water System Operator I
Water System Operator II
Water Quality Control Plant Operator
b) Coveralls will be made available for occasional use as needed to protect clothing
for the following classifications and any positions necessary or required as
determined by management.
Building Inspector
Building Inspector Specialist
Building Service Person - Lead
Cable Splicer Assistant
Chief Electric Underground Inspector
Electrical Assistant
Electrician
Facilities Mechanic/Painter
Heavy Equipment Operator
Lineperson/Cable Splicer
Park Ranger
Senior Park Ranger
Utility Field Service Representative
Sprinkler System Repairer
Utility Installer Assistant
Utility Installer/Repairer
Utility Installer/Repairer - Lead
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c) Employees required to wear uniforms shall be provided suitable change rooms
and lockers where presently provided.
d) Employee clothing seriously damaged or destroyed in conjunction with an
industrial injury will be reasonably replaced by the City. Any other claims alleging
City liability may be filed with the City Attorney.
e) Except in the Utilities Division, the City will make available, as an alternative to the
shirts currently provided under Section 1(a), six (6) cotton polo shirts. Employees
in the Utilities Division will be provided with six (6) long-sleeve shirts and two polo
shirts. Employees will be responsible for laundering the shirts. Damaged or
otherwise unwearable shirts will be returned to the employee’s supervisor and
replaced by the City.
f) Employees are responsible for laundering Park Ranger and Senior Park Ranger
uniforms.
g) The City will meet and confer with the Union regarding any mandated changes to
uniforms.
h) In accordance with California Code of Regulations (C.C.R.) section 571(a) the
estimated value of City provided uniforms is $21.28 per pay period.
Section 2 - Tool Allowance.
a) Mechanics in Equipment Maintenance, Park Maintenance Lead, Motorized
Equipment Mechanic and Mobile Service Technician shall be paid a tool allowance
of $1000 annually upon verification of purchase by the employee.
b) Parties will meet and confer to determine if additional classifications require tool
allowance.
Section 3 - Shoe Allowance.
a) Safety Shoes. The City will pay the vendor or reimburse full-time employees up to
$400 per fiscal year for the cost of job-related safety shoes upon verification of
such purchase by the employee.
b) Walking Shoes. The City will reimburse employees 75% of the cost of job-related
walking shoes for any positions necessary or required as determined by
management including Meter Reader and Meter Reader-Lead, in an amount not
to exceed $300.00 per year. A walking shoe is a durable work shoe/boot (non
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steel-toed), is ankle supporting; oil, gas and slip resistant; waterproof or water
resistant; lightweight and durable; and also provides hard surface cushioning.
c) Additional Boot Reimbursements. Employees in the Park Ranger Classification will
receive an additional $200 per year to account for the additional cost of wildland
fire boots for a total Safety Shoe reimbursement of $600. Employees in the
Lineperson series will receive an additional $200 per year to account for the
additional cost of climbing boots for a total Safety Shoe reimbursement of $600.
Section 4 – Certifications.
The parties agree to retain the current list of required certifications below. Employees
who are required to maintain commercial driver's licenses shall have costs for medical
examinations paid by:
a) Completing an examination through their PEMHCA provider. After benefits
have been paid by the PEMHCA provider, upon presentation of proper
documentation, the City will reimburse any remaining costs, or
b) Completing an examination at the Workforce Medical clinic or other City
designated clinic. Employees may use paid leave for attendance at scheduled
medical examinations. Employees shall be permitted to use up to two hours of
regular City-paid time for attendance at biannual medical examinations. The
scheduling of such time shall be preauthorized by the employee’s supervisor.
c) The City will pay special registration and/or certification fees which are
required by Management. During the term of this agreement, the City and the
Union may, by mutual agreement, review, add or delete classifications and/or
required certifications listed below:
Classification Requirement
Facilities Technician Aquatics Facility Operator Certificate
Building Inspector/
Buildg Inspection Specialist Certificate as stated in job description
Cathodic Technician Corrosion Technician by the National
Assoc. of Corrosion Engineers
Engineer Professional Professional Engineer Cert. (for step E)
Equip Maint Serv Pers. Forklift Operator Cert. (OSHA-approved)
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Golf Course Maint Pers. Qualified Applicators' License
Heavy Equipment Operator Crane Operation Certificate
(Utilities and Electric)
Indust. Waste Inspector Backflow Prevention Device Tester
Inspector Field Services, Utilities D1 (DOH)
Hired before July 1, 2012
Installer/Repairer Series D1 (DOH)
Maintenance Mechanic Crane Operator Certification
(Water Quality)
Mech. Unit Repairer Welding Certificate
Motor Equip Mechanic
and Lead EMS, ASE
Planner, Associate Planner AICP
Senior Planner
Public Safety Dispatcher POST Basic Dispatcher
EMD
Public Safety Dispatcher, Lead POST Basic Dispatcher
POST Supervision
EMD
Senior Operator, WQC Grade III Wastewater Treatment Plant
Operator Certification
Surveyor, PW Licensed Land Surveyor
Tree Trimmer/Line Clearer Certified Tree Worker and/or Qualified
Line Clearance/Tree Trimmer Cert.
(OSHA-approved)
Tree Trimmer/Line Clearer-Lead Certified Arborist
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Utilities Install/Rep series Polyethylene Fusing Cert.
Gas Operator Certification (DOT)
Veterinarian Technician Animal Health Tech. Certification
Water System Operator I Grade DI – Water Distribution Operator
Water System Operator II Grade DII – Water Distribution Operator &
Grade TII – Water Treatment Operator
Senior, Water System Operator Grade DIII – Water Distribution Operator &
Grade TIII Water Treatment Operator
WQC Plant Operator I Grade I Wastewater Treatment Operator
Certification.
WQC Plant Operator II Grade II Wastewater Treatment Operator
Certification
WQC Plant Operator Trainee Grade I Wastewater Treatment Operator
Certification
Water Meter Cross-
Connection Technician Backflow Prevention Tester Certification
d) The City will pay for the Department of Motor Vehicles (DMV) licensing fees for
all employees required to maintain a Commercial Driver's License in accordance
with the California Vehicle Code and applicable laws prescribed by the
Department of Transportation.
e) Effective the first full pay period following the later of January 1 or the
adoption of the MOA, and upon verification that the certification is held:
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Classification Certification(s) Amount
Utility Project Coordinator*
WGW Utilities Field Inspector*
Backflow Tester and
Specialist
$4,000,
and upon recertification
Heavy Equipment Operator
Electric Heavy Equip Operator
Maintenance Mechanic
Lineperson/Cable Splicer
Lineperson/Cable Splicer Lead
Crane Operator (j)$3,000
Annually
Associate Engineer
Assistant Engineer
Associate Power Engineer
Assistant Power Engineer
Engineer Tech I
Engineer Tech II
Engineer Tech III
Professional Engineer $4,000
Building Inspector Specialist
Building Inspector
Senior Building Inspector
Each certification
above minimum to a
max of four (4) (g)
$50
Monthly
Water System Operator II
Senior Water System Operator D5 $5000
Annually
Park Ranger
Senior Park Ranger Emergency Medical
Tech (EMT)
$3,000,
and upon
recertification
Utility Installer/Repairer
Utility Installer/Repairer Lead
Maintenance Mechanic - Welding
Pipeline Welding
Assignment (f) 4% Pay Premium
*When assigned to WGW Operations
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Classification Certification(s) Amount
Water Quality Control Operator I
Water Quality Control Operator II
Sr Water Quality Control Op
Plant Mechanic (WQC)
Electrician (WQC)
Chemist
Senior Chemist
Water System Operator I
Water System Operator II
Senior Water System Operator
Laboratory Technician WQC
Inspector Field Services**
One (1) certification
above what is required
in the Job Description
(h)
1% of Annual Salary as
a lump sum
**When assigned to Utilities Installer/Repairer Series
f)Pipeline Welding Assignment. The City provided a 4% premium in base
compensation to the Utility Installer-Repairer and the Installer-Repairer Lead
positions in 2006 that met DOT certification requirements and are, or were,
assigned these duties. The Utility Installer-Repairer and Utility Installer-
Repairer Lead positions that fail to maintain current certifications will not
receive a 4% premium on their base pay. Positions assigned these duties and
designated by Management to receive this premium will not exceed five (5)
Utility Installer/Repairer(s) and Installer/Repairer Lead(s). If the certification is
required in the job description, certification must be maintained. In accordance
with their job description, Maintenance Mechanics that are assigned to Water
Gas Wastewater must maintain all required certifications and shall receive 4%
premium to their base pay for pipeline welding.
g)Building Inspector and Building Inspector Specialists. Upon successful
completion of probationary requirements, the City will pay Building Inspectors
and Building Inspector Specialists a one (1) percent of base salary one-time
payment for a certification above what is required. Employees may request
one payment per year to a maximum of two payments in career. Payments will
not exceed a maximum of one percent per year or two payments in a career.
The Building Inspector and Building Inspector Specialist Job Descriptions specify
current requirements and the Union and City will agree on a list of appropriate
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certifications eligible for the premium. Premiums will not be paid if certification
is not maintained.
Building Inspector Certifications:
Employees in the classifications of Building Inspector, Building Inspector
Specialist and Sr. Building Inspector may receive $50 per month per
certification above the minimum requirement of the classification up to a
maximum of 4 additional certifications (maximum $200/month or $2400
annually). Premiums will not be paid if certification is not maintained or if
employee is not employed in a covered classification.
•International Code Counsel (ICC)
o Residential Building Inspector
o Residential Mechanical
o Residential Plumbing
o Residential Electrical
o Commercial Building Inspector
o Commercial Mechanical
o Commercial Electrical
o Commercial Plumbing
o CALGreen Building Inspector/Plans Examiner
o Accessibility Inspector/Plans Examiner
•Department of State Architect (DSA): Certified Access Specialist CASp
•US Green Building Council LEED BD+C
•or equivalent as defined by the Chief Building Official
h)Water and Wastewater System Operator Certification. Employees classified
in the following positions: Water Quality Control Plant Operators I and II, Senior
Operator Water Quality Control, Plant Mechanics and Electricians assigned to
Water Quality Control, Laboratory Technician Water Quality Control, Chemist,
Senior Chemist, Water System Operators I and II, Senior Water Systems
Operator, Inspector, Field Services assigned to Utilities and Installer Repairer
Job Series may be eligible to receive a 1% base pay premium for certifications
required by the Department of Health, California Water Environment
Association and/or the State Water Resources Control Board. Employees
within these job classifications that have successfully completed probationary
requirements may request an annual payment of one (1) percent for one (1)
certification that is above those listed in their job description. An employee
who qualifies for this payment shall be paid 1% of the employee’s annual base
salary once per year. The employee shall be responsible for providing the City
with written documentation that the employee has obtained and is maintaining
the qualifying certification on an annual basis. Premiums will not be paid if
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certification is not maintained. Eligible employees should verify certification
will qualify for the premium before attempting certification. The Union and the
City will update the job descriptions to reflect newly required certifications with
no further adjustments to base salary. Payments will not exceed a maximum
of one (1%) percent per year, and will take effect in the pay period following
the verification of certification. All costs for obtaining certifications above what
the job description requires will be the responsibility of the employee and may
be paid for by using the City’s tuition reimbursement program.
i) In accordance with Cal-OSHA regulations any employee who operates a forklift
must have Forklift Operator Certification. Training to be provided by the City.
j)Crane Certification. A Heavy Equipment Operator, Electric Heavy Equipment
Operator, Line Person, Line Person Lead, or Maintenance Mechanic who
possesses the legally required certification for operation of any crane will
receive $3,000 the first full pay period following the later of January 1 in each
year, or the adoption of the MOA, and upon verification that the certification is
held. an increase of one percent (1%) of their base rate effective upon the
ratification and adoption of this MOU by the City Council, or upon attainment
of the certification, whichever is later.
Heavy Equipment Operator (Electric) must possess a Crane certification regardless of
hire date. Any employee hired on or after July 1, 2012 may be required to obtain and
possess crane certification.
For any other employee hired prior to July 1, 2012 crane certification shall be desirable
(not required) except under the following circumstances:
a) There are insufficient employees in the classification (Heavy Equipment Operator
[exclusive of Electric], Lineperson, Lineperson Lead or Maintenance Mechanic)
who possess the certification to perform the work;
b) The Manager has sought volunteers and no employee in the classification has
volunteered to train for the certification;
c) All things being equal, the manager has selected the least senior employee in the
classification who is judged by the City most likely to successfully complete the
training and obtain crane certification.
d) The Manager will allow up to three attempts to pass the crane certification for any
employee hired before July 1, 2012 who has been involuntarily assigned to acquire
the crane certification. Related training and test costs shall be borne by the City.
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No employee hired before July 1, 2012 shall be disciplined or discharged for failure
to acquire a Crane certification.
Section 5 - Weather Protection. The City will provide rainy weather foot protection and
one summer hat for the classification of Community Services Officer.
ARTICLE 10 - 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
Winter Floater (see below)
In the event that any of the aforementioned days falls on a Sunday, the following Monday
shall be considered a holiday. In the event that any of the aforementioned days falls on
a Saturday, the preceding Friday shall be considered a holiday. Exceptions to this
provision are listed in Appendix E.
Winter Floater. Employees shall be excused with pay for a full work shift on a day mutually
agreed to by the employee and their supervisor during the month of December. If
employees are not excused pursuant to this provision, one shift of vacation credit will be
added to their vacation accrual.
Day of Reflection. In addition to the paid holidays listed above, employees shall be
excused with pay for one full work shift as a day of reflection (floating holiday) per
calendar year. Employees may use the floating holiday on any day mutually agreed by the
employee and their supervisor for a Day of Reflection, including: Juneteenth Freedom Day
(June 19) or Cesar Chavez/Dolores Huerta Day (March 31). Day of Reflection not used by
the end of the calendar year will be deemed forfeited and have no cash value.
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Section 2 - Pay for Fixed Holidays.
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Section 5 - Floating Days Off
ARTICLE 11 - VACATIONS
th) year: eighty (80)
hours vacation per year.
th)
year: one-hundred and twenty (120) hours vacation per year.
th) year of continuous service through the last day of the
fourteenth (14th) year: one-hundred and sixty (160) hours vacation per year.
th) year of continuous service through the last day of the
nineteenth (19th) year: one-hundred and eighty (180) hours vacation leave per year.
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increments of use. Employees shall complete six (6) months' continuous service before
using accrued vacation leave.
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Section 6 - Vacation at Termination.
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ARTICLE 12 - LEAVE PROVISIONS
Section 1 - Sick Leave.
a) The City shall provide each employee with paid sick leave, earned on a biweekly basis,
at the rate of ninety-six (96) hours per year for full time employees. Employees will
accrue sick leave at a rate of three point seven (3.7) hours per pay period. Sick leave
accrual will be prorated based on hours in paid status. Sick leave accrual accumulation
shall be limited to 1,000 hours
b)Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal
sickness or disability, medical or dental treatment, or as authorized for personal
business. Up to nine (9) days sSick leave per year may be used for illness in the
immediate family, including registered domestic partner, or other individuals required
by law. A new employee may, if necessary, use up to forty-eight (48) hours of sick
leave at any time during the first six (6) 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 their option, choose either to receive the
long term disability benefits or to utilize the remainder of his/her their accrued sick
leave prior to applying for long-term disability benefits.
d) Sick leave will not be granted for illness occurring during any leave of absence unless
the employee can demonstrate that it was necessary to come under the care of a
doctor while on such other leave of absence.
e)Return to Work With Limited Duty. Upon approval of department management and
the City Risk Manager, an employee may return to work for doctor-approved limited
duty. Approval for return to work shall be based upon department ability to provide
work consistent with medical limitations, the location of the work assignment, and
the length of time of the limitations. The City doctor may be consulted in determining
work limitations.
f) If an employee’s illness results in an absence from work for more than three (3)
consecutive work days or twenty-four (24) continuous hours, whichever is greater, a
doctor’s certificate or other proof of illness may be required. The department head
or designee may require a doctor’s certificate or other proof of illness when there is
reasonable cause of misuse.
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g) Leave Committee
Disability. Leaves of absence without pay may be granted in cases of disability not
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b)Family Leave. Family leave will be granted in accordance with applicable state and
federal law.
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.
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Section 7 - Disapproval of Leave of Absence.
ARTICLE 13 - WORKERS' COMPENSATION INSURANCE
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Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees.
ARTICLE 14 - BENEFIT PROGRAMS
Active Employees
•Employee only: $943 906
•Employee plus one: $1885 1,812
•Employee Family: $2,444 2,350
•Employee only: increase City contribution by two percent (2.0%) to $962 per
month.
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•Employee plus one: increase City contribution by three percent (3.0%) to $1,942
per month.
•Employee family: increase City contribution by five percent (5.0%) to $2,566 per
month.
Effective January 1, 2024, the City will increase its maximum contribution by 50% of the
increases to Kaiser. Provided however, that the total increase of the maximum City
contribution shall not exceed 4%.
The City’s total maximum contribution towards medical premiums for eligible part time
employees shall be prorated based on the number of hours per week the part-time
employee is assigned to work.
PEMHCA minimum changes per statutory determination and has historically been
increased by $3 dollars each year. Any increases to the PEMHCA minimum during the
term of this contract will result in a corresponding decrease to the amount of the
additional City contribution, so that the total maximum City contribution never exceeds
the amount listed in the Maximum City Contribution described above.
b) Health Plan Coverage for Future Retirees Hired Before January 1, 2005.
Monthly City-paid premium contributions for a retiree-selected health plan through the
CalPERS Health Benefits Program will be made as provided under the Public Employees’
Medical and Hospital Care Act. Effective 1/1/07 the City’s monthly employer contribution
for each retiree and their eligible family members, as defined by the CalPERS Health
Benefits Program, shall be the amount necessary to pay for the cost of his or her
enrollment, in a health benefits plan up to the monthly premium for the 2nd most
expensive plan offered to the SEIU employee (among the existing array of plans).
However, the City contribution for an employee hired before January 1, 2005 who retires
on or after April 1, 2011 the City contribution for the retiree and their eligible family
members, as defined by the CalPERS Health Benefits Program, shall be the same
contribution amount it makes from time to time for active City employees.
The City provided active unit employees who were hired before January 1, 2005 with a
one-time opportunity to opt-in to retiree health benefits provided under California
Government Code section 22893. Eligible employees who wish to exercise this option
shall inform the People, Strategy, and Operations department of their election in writing
no later than 90 days following the ratification and adoption of this Agreement.
c) PERS – Health Benefit Vesting For Future Retirees Effective January 1, 2005 or any
existing employee who opts into this vesting schedule.
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The CalPERS vesting schedule set forth in Government Code section 22893 will apply to
all SEIU employees hired on or after January 1, 2005 or any existing employees who opt
into this vesting schedule. Under this law, an employee is eligible for 50% of the specified
employer health premium contribution after ten years of service credit, provided at least
five of those years were performed at the City of Palo Alto. After ten years of service
credit, each additional year of service credit will increase the employer contribution
percentage by 5% until, at 20 years’ service credit, the employee will be eligible upon
retirement for 100% of the specified employer contribution. However, the maximum
contribution for eligible family members, as defined by the CalPERS Health Benefits
Program, will be 90% of the specified employer contribution. The City of Palo Alto's health
premium contribution will be the minimum contribution set by CalPERS under section
22893 based on a weighted average of available health plan premiums.
Retiree Health Committee
Coverage for Domestic Partners.
Domestic Partnership Registered with the California Secretary of State. Employees
may add their domestic partner as a dependent to their elected health plan coverage
if the domestic partnership is registered with the Secretary of State.
Domestic Partnership Not Registered with the California Secretary of State.
Domestic partners who meet the requirements of the City of Palo Alto Declaration of
Domestic Partnership, and are registered with the Human Resources Department, will
be eligible for a stipend of two hundred and eighty four dollars ($284.00) per month
toward the cost of an individual health plan. Evidence of premium payment will be
required with request for reimbursement.
Alternative Medical Benefit Program.
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Examples of waivers eligible for this payment are:
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b) The City’s Dental Plan provides the following:
•Maximum Benefits per Calendar Year $2,000 per person.
.
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The City shall continue the long term disability insurance plan currently in effect for the
term of this Memorandum of Agreement. For Plan A, the benefit is 66 and 2/3% of pre-
disability earnings to the maximum benefit level of $4000.00 per month. Employee
coverage is subject to a voluntary payroll deduction of the insurance premium applicable
to the first $6,000 of monthly salary, less a credit of $11.17 per month to be paid by the
City. For Plan B, the benefit is 60% of pre-disability earnings up to the maximum benefit
level of $1800 per month. Employee coverage is subject to a voluntary payroll deduction
of the insurance premium applicable to the first $2000 of monthly salary for Plan B. The
City will pay premiums in excess thereof.
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deduct the annual administrative fee through a payroll deduction (currently $4 as of
2015) or if the employee has unused FSA dollars from the prior calendar year, the City
will apply those dollars to cover the administrative fee.
Section 10 - Training Programs.
a) Employees assigned by the City to attend meetings, workshops, or conventions of
their professional or technical associations shall have their dues and reasonable
expenses paid by departmental funds and shall be allowed to attend such workshops,
meetings, and conventions on paid City time.
b)City will reimburse for travel, meals and lodging while away from home attending an
educational conference that the supervisor authorizes as being job related or which
will improve an employee’s skills. Per City Policy and Procedure 1-02, the Pre-Travel
Authorization Form should indicate expenses that will be paid.
ARTICLE 15 – RETIREMENT
Section 1 - PERS Continuation.
a)Pension Group A: 2.7% @ 55. The City will continue the present benefits under the
Public Employees' Retirement System 2.7% at 55 for employees hired before July 17,
2010. The Parties acknowledge that employees under this formula hired before July
17, 2010 are subject to a final compensation calculation, for pension determination
purposes, based on their single highest year of compensation earnable as provided by
Government Code Section 20042.
b)Pension Group B: 2.0% @ 60 – (Single Highest Year). For employees hired on or after
July 17, 2010 and before January 1, 2013, and employees hired on or after January 1,
2013 who are not “new members” of CalPERS as defined in the Public Employees’
Pension Reform Act (often referred to as “Classic” CalPERS members), but before the
adoption of the modified 2% at 60 formula described below, whichever is later, the
City will continue to provide the 2% at 60 retirement formula (“2% at 60”). The Parties
acknowledge that employees under the existing 2% at 60 pension formula are subject
to a final compensation calculation, for pension determination purposes, based on
their single highest year of compensation earnable as provided by Government Code
section 20042.
c)Pension Group C: 2.0% @ 60 – (3 Highest Years). The City shall further amend its
contract with CalPERS to provide miscellaneous “Classic” CalPERS members hired on
or after August 1, 2013 with the CalPERS retirement formula two percent (2.0%) of
final compensation at age sixty (60) with a final compensation calculation, for pension
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determination purposes, based on the employee’s three consecutive highest years of
compensation earnable, as provided by Government Code section 20037. The City
may delay the adoption or implementation of the foregoing amendment to the
extent it deems such delay necessary to accommodate legal and administrative
requirements. In such event, employees hired between and including August 1, 2013
and the day before the amendment’s implementation date will be placed in the 2% of
final compensation at age 60 formula with single highest year earnable compensation
as described above.
d)Pension Group D: 2% @ 62. Employees hired on or after January 1, 2013 meeting the
definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t.
Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but
not limited to the two percent at age 62 (2%@62) retirement formula with a three
year final compensation period.
Section 2 - Employee Share.
Effective with the first pay period including July 1, 2012 employees in Pension Groups A,
B and C described in Section 1 above shall pay 8% if enrolled in the 2.7%@55 benefit or
7% if enrolled in the 2%@60 benefit.
Employees in Pension Group D shall pay the employee contribution required by the Public
Employees’ Pension Reform Act, calculated at fifty percent (50%) of the normal cost.
Section 3. Employer Share.
Effective the first full pay period following December 1st, 2017, employees (Groups A-D)
shall pay one percent (1.0%) of their salary toward the employer cost of retirement (in
addition to the employee share) in accordance with Section 20516 of the California
Government Code.
Effective the first full pay period including December 1, 2020, employees in this unit
(Groups A-D) shall pay an additional 1% of their salary toward the employer cost of
retirement for a total of 2% (in addition to the employee share) contribution toward the
employer share.
This will result in SEIU employees in Groups A-D paying a total of two (2) percent of the
employer share (in addition to the employee share) effective the first full pay period
including December 1st, 2020.
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ARTICLE 16 - COMMUTE INCENTIVES AND PARKING
Section 1 - Commute Incentive.
It is the City’s interest to reduce single occupancy vehicle trips to the extent possible in
order to address current traffic and environmental challenges. During the term of this
agreement, the parties shall meet and confer on changes to the City’s commute incentive
and parking program adopted by the City Council. Eligible employees may voluntarily
elect one of the following commute incentives:
a.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.
b.Carpool. The City will provide $30 per month (taxable income) to each
eligible employee in a carpool for 60% or more of their scheduled work days
per month with two or more people.
c.Bicycle. The City will provide $20 per month to eligible employees who ride a
bicycle to work. This payment is available through the CCD web site in the
form of a special Commuter Check (tax free) for bike equipment, gear or
repairs. This benefit cannot be combined with other commute benefits.
d.Walk. The City will provide $20 per month (taxable income) to eligible
employees who walk to work 60% or more of their scheduled work days.
e.Transit or vanpool users: Tax-free incentives up to the IRS limit (currently
$255/month) are available through the Commuter Check Direct (CCD) web site
for employees using Bay Area public transportation or riding in a registered
vanpool at least 60% of their scheduled work days.
f.Go Pass. The Go Pass program will offer civic center and other downtown-
based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in
all zones seven days per week.
g. The City and Union agree to meet in Labor Management Committee to
assess and improve the application of the telecommuting policy and option
for employees.
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The deadline for registering with CCD and placing an online order is 8:59 p.m. on the 7th
of each month, for the next month’s benefit. For example, employees wishing to order
a transit pass by June must place their online orders with CCD by May 7th.
.
ARTICLE 17 - PHYSICAL EXAMINATIONS
ARTICLE 18 – SAFETY
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Union will cooperate with the City by encouraging all employees to perform their work in
a safe manner.
Section 3 - Safety Committees and Disputes.
Safety committees composed of Management and Union stewards in the below listed
organizations will meet no less than six (6) times annually to discuss safety practices,
methods of reducing hazards, and to conduct safety training. This shall in no way remove
the basic responsibility of safety from Management nor shall it in any way alter the
responsibility of the employee to report unsafe conditions directly and immediately to his
or her supervisor.
Community Services
Public Works
Water-Gas-Wastewater Field Operations
Electric Field Operations
Water Quality Control
a) 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.
b) In cases of dispute over safe working conditions the employee will first report such
unsafe conditions to his/her their supervisor and every attempt will be made to rectify
the problem at this level. The employee may contact his/her their 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
3 III.
c) The City will continue employee workplace evaluations in compliance with CalOsha,
Title 8, section 5110.
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ARTICLE 19 - GRIEVANCE and APPEAL PROCEDURE
Section 1 - General Provisions.
The City and the Union recognize that early settlement of grievance or appeal of
disciplinary actions is essential to sound employee-employer relations. The parties seek
to establish a mutually satisfactory method for the settlement of employee grievances,
or appeal of disciplinary action, or Union grievances as provided for below. In presenting
a grievance or appeal of disciplinary action, the aggrieved and/or his or her their
representative is assured freedom from restraint, interference, coercion, discrimination,
or reprisal. Release time for investigation and processing a grievance or appeal of
disciplinary action is designated in Article IV of this Memorandum of Agreement (MOA).
Section 2 – Definitions.
a) Grievance means an unresolved complaint or dispute regarding the application or
interpretation of rules, regulations, policies, procedures, this MOA, Memorandum of
Agreement or City ordinances of resolution, relating to terms or conditions of
employment, wages or fringe benefits, excluding however those provisions of this
MOA which specifically provide that the decision of any City official shall be final, the
interpretation or application of those provisions not being subject to the grievance or
appeal of disciplinary action procedure.
b) Appeal of a disciplinary action means an appeal of any kind of disciplinary action
against an employee covered by this Memorandum of Agreement. Discipline is
defined as suspensions without pay, reductions in pay, demotion, or discharge.
Reprimands, transfers, reassignments, layoffs, and negative comments in
performance evaluations are not considered discipline.
Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure.
a) An aggrieved employee may be represented by the Union or may represent
himself/herself themselves in preparing and presenting a grievance or appeal of
disciplinary action at any level of review, except arbitration. Grievances or appeal of
disciplinary action may also be presented by a group of employees. No grievance or
appeal of disciplinary action settlement may be made in violation of an existing merit
rule or memorandum of agreement. The Union will be notified prior to the
implementation of any settlement made which affects the rights or conditions of
other employees represented by the Union. The Union and the Steward will be copied
on all written representation unit grievance or appeal of disciplinary action decisions.
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b) An employee and the representative steward, if any, may use a reasonable amount of
work time so long as there is no disruption of work, in conferring about and presenting
a grievance or appeal of disciplinary action. Requests for release time to prepare
grievance or appeal of disciplinary action shall be made in accordance with the
provisions of Article 4 IV, Section 3.
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procedure. The Union may also file a grievance in those instances when, under this
Memorandum of Agreement, a Union right not directly related to an individual
employee becomes the subject of dispute. Union grievances shall comply with all of
the foregoing provisions and procedures.
k) For purposes of time limits, “working days” are considered to be Monday through
Friday, exclusive of City holidays.
l) If a mutually agreed solution is reached during any step of this grievance or appeal of
disciplinary action procedure, the agreement shall be placed in writing and signed by
the City and the grievant or union.
m) Upon request of either party, meetings to discuss the grievance or appeal of
disciplinary action shall be held at any step in the grievance or appeal of disciplinary
action procedure.
n) The Parties may mutually agree in writing to an alternate method(s) of delivery for
any communication for any notices required pursuant to Article 19 XIX, Grievance
Procedure, of a grievance or appeal of disciplinary action. Such agreement shall list
the designated representative(s) for each party and the appropriate contact
information for each Party, and describe the agreed-upon method(s) of
communication. All designated representatives shall be copied on any
communications. On all transmissions that are intended to conform to a time limit,
the sender shall retain proof that the transmission was sent within that limit (for
example, confirmation of electronic mail transmission or record of successful fax
transmission) in the sender’s file for production if a dispute arises over existence or
timing of the transmission. Either Party may designate new representatives or
terminate an alternate delivery agreement under this section by providing written
notice, which shall be effective immediately, to the other.
Section 4 - Grievance and Appeal Procedure.
Step 1 I. Informal Discussion. Within fifteen (15) working days after the incident or
discovery of the incident on which the grievance or appeal of disciplinary action is based
the aggrieved employee shall present the grievance action to his or her their immediate
supervisor and attempt to resolve the grievance through informal discussions. Every
attempt will be made to settle the issue at this level.
Step 2 II. If the grievance is not resolved through the informal discussion in Step 1 or the
employee wishes to appeal disciplinary action taken against him/her them in the case of
a grievance, the employee will reduce the grievance or appeal of disciplinary action to
writing and submit copies to the Department head or his or her their designee within
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fifteen (15) working days of the discussion with the immediate supervisor or within fifteen
(15) working days from the receipt of a final disciplinary action. The Department Head or
designee shall have fifteen (15) working days from the receipt of a written grievance or
appeal of disciplinary action to review the matter and prepare a written statement.
Step 3 III. If the grievance or appeal of disciplinary action is not resolved and/or the
aggrieved employee is not satisfied with the Step 2 II decision, the grievant or disciplined
employee may appeal to the Human Resource Director or his or her their designee in
writing within fifteen (15) working days of the receipt of the Department Head's response.
The written appeal to the Human Resources level shall include a copy of the original
grievance or appeal of disciplinary action, the Department Head’s decision at Step 2 II,
and a clear statement of the reasons for appeal. Within fifteen (15) working days, after
receiving the written appeal, the Human Resource Director shall review the matter and
prepare a written statement. If a mutually agreed solution is reached during this process
the agreement shall be placed in writing and signed.
Step 4 IV. If the grievance or appeal of disciplinary action is not resolved at Step 3 III, the
union may appeal aggrieved employee may choose between final and binding resolution
of the grievance or appeal of disciplinary action., by filing the appeal through appeal to
the City Manager or through appeal to final and binding arbitration. For the term of this
Memorandum of Agreement, aAppeals to final and binding arbitration may be processed
only with Union approval. All Step 4 IV appeals must be filed in writing at the Human
Resources Department within fifteen (15) working days of receipt of the Human Resource
Director’s decision at Step 3.
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terms or conditions of employment, wages or fringe benefits, as may hereafter be in
effect in the City insofar as may be necessary to the determination of grievances or appeal
of disciplinary action appealed to the arbitrator. The arbitrator shall be without power to
make any decision contrary to, or inconsistent with or modifying in any way, the terms of
this Memorandum of Agreement. The arbitrator shall be without authority to require the
City to delegate or relinquish any powers which by State law or City Charter the City
cannot delegate or relinquish. Where either party seeks arbitration of a grievance 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 herein in Article XX and without regard
to the merits of the grievance or appeal of disciplinary action. If the issue is held to be
arbitrable, the arbitration proceedings will be recessed for up to five (5) working days
during which the parties shall attempt to resolve the grievance. If no resolution is
reached, the arbitrator will resume the hearing and hear and resolve the issue on the
merits. Copies of the arbitrator's decision shall be submitted to the City, the aggrieved
employee and the Union. All direct costs emanating from the arbitration procedure shall
be shared equally by the City and the aggrieved employee or the Union.
ARTICLE 20 - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION
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d) Statement in ordinary and concise language of the act or the omissions upon which
the causes are based;
ARTICLE 21 - NO ABROGATION OF RIGHTS
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ARTICLE 22 - OUTSIDE EMPLOYMENT
The provisions of City of Palo Alto Policy and Procedure 2-05: Outside Employment and
Article 4.7 of the Government Code of the State of California (Gov’t, Code § 1125 – 1129)
will govern the determination of incompatible outside employment.
The City agrees that it will not lock out employees, and the Union agrees that it will not
engage in any concerted work stoppage or slowdown during the term of this MOA. An
employee shall not have the right to recognize the picket line of a labor organization when
performing duties of an emergency nature.
Section 1 - Conformity and Separability of Provisions.
This Memorandum of Agreement is subject to all current and future applicable Federal
and State laws and Federal and State regulations and the Charter of the City of Palo Alto
and the Constitution of the State of California. Should any of the provisions herein
contained be rendered or declared invalid by reason of any existing State or Federal
legislation, such invalidation of such part or portion of this Memorandum of Agreement
shall not invalidate the remaining portions hereof, and they shall remain in full force and
effect, insofar as such remaining portions are severable.
Section 2 - Merit Rules and Regulations.
This Memorandum of Agreement shall become a part of the City of Palo Alto Merit Rules
and Regulations applying to employees assigned to classifications in the SEIU unit. As
applied to employees assigned to the SEIU unit, this Memorandum of Agreement shall
prevail over any conflicting Merit Rules and Regulations.
Section 3 - Resolution.
The City and the Union agree by signing this Memorandum of Agreement that the wages,
hours, rights and working conditions contained herein shall be continued in full force
during the term of this Memorandum of Agreement except as otherwise provided for in
the Memorandum of Agreement and shall be binding on both the City and the Union upon
ratification by the Council of the City of Palo Alto and upon ratification by Union
membership.
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ARTICLE 25 – PROFESSIONAL DEVELOPMENT TUITION REIMBURSEMENT
The City shall fund a Tuition and Student Loan Reimbursement Program for use by
employees in the unit. This program will provide reimbursement to eligible SEIU
members for successful completion of undergraduate, graduate level courses, collegiate
level certification courses or any other pre-approved training related to employment
opportunities with the City.
The City will fund up to $100,000 for each fiscal year of the term of this MOA. The
maximum reimbursement will be one two thousand five hundred dollars ($2,500 1,500)
total per employee for each fiscal year of this MOA. Monies expended on this program
will be subject to appropriate IRS regulations. Requests for reimbursement are on a first
come first serve basis and must be submitted within thirty (30) calendar days of the end
of the fiscal year to be allocated to the fiscal year.
Section 1 – Tuition Reimbursement
The Tuition Reimbursement will be provided if the following conditions are met:
a. Courses, classes or trainings must be pre-approved as job related by the division
head or designee prior to the start date. Employees may appeal a denial to the
Human Resources Director or designee within 5 working days of receipt of denial,
whose decision shall be final.
b. Eligible expenses include required textbooks, tuition, fees, lab fees and equipment,
but will not include parking fees or health fees related to enrollment.
c. Employees must attain a final grade of “C” or better for both undergraduate and
graduate work. Courses providing a “pass/fail” must achieve a “pass” to qualify
for reimbursement. Ungraded courses, classes or trainings will be reimbursed
based on proof of successful completion.
d. Requests for reimbursement shall be submitted in accordance with the
procedures developed by the City. A request for reimbursement will not be
considered submitted until it includes the relevant receipts and proof that the
necessary grade or successful completion was earned.
e. Courses must be taken on the employee’s off duty hours, unless prior approval is
received from the employee’s supervisor.
Section 2 – Student Loan Reimbursement
Student Loan Reimbursement conditions:
a. Employees must have an active student loan in good standing.
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b. Employees must successfully complete the secondary education with which the
student loan was incurred, and must provide proof of successful graduation or
completion.
c. Requests for reimbursement shall be submitted in accordance with the
procedures developed by the City. A request for reimbursement will not be
considered submitted until it includes proof of payment towards the employee’s
student loan within the eligible fiscal year.
Section 3 – Training Programs
a) Employees assigned by the City to attend meetings, workshops, or conventions of
their professional or technical associations shall have their dues and reasonable
expenses paid by departmental funds and shall be allowed to attend such
workshops, meetings, and conventions on paid City time.
b) The City will reimburse for travel, meals and lodging while away from home
attending an educational conference that the supervisor authorizes as being job
related or which will improve an employee’s skills. Per City Policy and Procedure
1-02, the Pre-Travel Authorization Form should indicate expenses that will be paid.
ARTICLE 26 - 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 27 – TERM
This Memorandum of Agreement shall become effective upon ratification by both
parties hereto and remain in effect through December 31, 2027. The Term of this
Memorandum of Agreement shall commence on January 30, 2023 and shall expire on
December 31, 2024. The Parties agree that they will commence negotiations over a
successor to this Memorandum of Agreement no later than one hundred eighty (180)
days (July 4, 2024) before its expiration. If, at the time this Memorandum of
Agreement would otherwise expire, the parties are continuing to negotiate a successor
Memorandum of Agreement, upon mutual agreement the terms and conditions of this
Memorandum will continue in effect.
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ARTICLE 28 – REOPENER ON APPRENTICESHIP PROGRAMS
Upon written request of the City, this MOA will reopen on the subject of Apprenticeship
Programs and the Parties will meet and confer over revisions to Appendix B and any
related sections.
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EXECUTED:
_______________________________ _______________________________
Teneya Johnson, Chief Negotiator Ed Shikada, City Manager
__
Peter Quiroz, Chapter Chair Molly Stump, City Attorney
__
Sara’ Temple Charles Sakai, Chief Negotiator
_____ __
Nathan McClure Sandra Blanch
__
David Sigua Ben Farnsworth
___
Scott Johnson Sandhya Uthup
Sara Temple
Lewis Paris
Ratu Serumalani
City of Palo Alto and SEIU Local 521
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Nathan McClure
Jose Vigil
Wesley Patnesky
Kevin Carley
City of Palo Alto and SEIU Local 521
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APPENDIX A
The salary rates of bargaining unit classifications will be as set forth in Appendix A of this
MOA
a) General Salary Increase: Effective the first full pay period including following the
later of January 1, 2025 or the adoption of the MOA, the salary ranges of all
represented classifications will be increased by four three percent (4.0% 3%).
b) Market Adjustment: Effective the first full pay period following the adoption of
the MOA, the salary ranges of all represented classifications will be increased in
an amount sufficient to bring them to the top quartile (75th percentile) of the labor
market before application of the General Salary Increase as determined by the
City’s market study (PEPRA). However, no represented classification shall receive
a market adjustment of more than three percent (3%). Effective the first full pay
period including the adoption of the MOA, the salary ranges of all represented
classifications will be increased in an amount sufficient to bring them to 75th
percentile of market median before application of the General Salary Increase as
determined by the City’s market study.
Effective the first full pay period following January 1, 2026, each represented
classification which was more than three percent (3%) below the top quartile (75th
percentile) of the City’s market study (PEPRA) will receive the remainder of the
market adjustment required to bring them to the 75th percentile. For example, if
classification A was 3.6% below the top quartile (75th percentile) of the labor
market before application of the 2025 General Salary Increase as determined by
the City’s market study (PEPRA), that classification would receive a 3.0% market
adjustment in 2025 and a 0.6% market adjustment in 2026.
c) One-time Lump Sum Bonus: The City will pay each represented employee a Oone-
time discretionary cash payment of $1,200 $300 for each for regular employee
who is a member of the bargaining unit and in paid status in the first full pay period
including following City Council adoption of this MOA (prorated for part time
employees). Parties understand this to be non-pensionable compensation and
excludable from regular rate of pay.
d) General Salary Increase: Effective the first full pay period following the later of
January 1, 2024 2026 or the adoption of the MOA whichever is later, salary ranges
of all represented classifications will be increased by four two and one half percent
(4.0%2.5%).
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e) General Salary Increase: Effective the first full pay period following the later of
January 1, 2027 or the adoption of the MOA, salary ranges of all represented
classifications will be increased by three percent (3%).
Recruitment and Retention
To address current market conditions and specific benefits provided by competing
employers to employees in the electrical lineperson category, the parties agree to the
following:
1) Standby Compensation. Employees in the Lineperson and Water/Gas/Wastewater Job
Families who are assigned to standby duty shall be compensated at the daily rates
established below:
•Monday through Friday two (2) hours at their straight time regular rate of pay
•Saturday, Sunday, Holidays three (3) hours at their straight time regular rate
of pay
2) Overtime Compensation. Employees in the Electrical Lineperson/Cable Splicer job
family will be paid two (2) times the employee’s applicable salary for all overtime work.
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APPENDIX B. APPRENTICESHIPS
Note: Employees hired into a Lineperson Apprenticeship position on or before April 11,
2016 will continue to progress through the Apprenticeship steps and into the Lineperson
journey rate at the same intervals as existed before April 11, 2016 in the Apprenticeship
Program.
Substation Electrician, Street Light /Traffic Signal / Fiber Technician, Lineperson/Cable
Splicer APPRENTICE:
Upon completion, may lead to Journey level position. The Utilities Department has
formalized the Apprenticeship programs in the Electric Section to develop journey level
electricians/technicians and lineperson/cable splicers.
The following are basic concepts/principles to be incorporated:
1. The administration and operation of the Apprenticeship programs will be managed by
the Apprenticeship Committee, which will be selected by the Manager of Electric
Operations and comprised of two (2) bargaining unit members designated by Local 521
and two (2) Utility Supervisors and the Manager of Electric Operations. The Manager of
Electric Operations will maintain oversight of the program. The Apprenticeship Program
will be subject to review and approval by the State of California Department of Industrial
Relations Division of Apprenticeship Standards.
2. The journey level position will not be a promotional opportunity for anyone other than
the apprentice under filling the position, as long as that apprentice is successfully
progressing through the program.
3. Employees within 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 eight thousand (8000) work hours (48 months) to
complete for Lineperson Cable Splicer and six thousand (6000) work hours (36 months)
for Substation Electrician, Street Light /Traffic Signal / Fiber Technician positions.
6. Normal progress through the program will be in periodic increments with formal
evaluations.
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7. The salary steps for the Substation Electrician, Street Light /Traffic Signal / Fiber
Technician and Lineperson Cable Splicer apprenticeships are outlined in the State of
California Department of Industrial Relations Division of Apprenticeship Standards.
Month Step
Step
Intervals
Month Step
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Upon successful completion of the Apprenticeship, the employee will be reclassified /
progressed to Substation Electrician or Street Light /Traffic Signal / Fiber Technician
Journey Level and paid at the fifth step (step 5) of the journeyman rate.
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APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION
Section 1. Exceptions to Standard Workday or Work Week for SEIU Representation Unit:
Library Department
Coordinator, Library Programs
Librarian
Senior Librarian
Library Specialist
Library Associate
In a given workweek, staff may work three eight-hour days, one seven-hour day, and one
nine-hour day. On a voluntary basis, staff may work five non-consecutive days within
seven.
Section 2. Rules Governing Flexible Work Hours.
These rules and procedures are established pursuant to Article VI, Section 8, and are an
application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the
classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences Programs;
Program Assistant; Theater Specialist, in the Recreation and Arts & Sciences Divisions of
the Community Services Department, and the classifications of Associate Planner,
Building Planning Technician, CDBG Coordinator, Engineer, , Planner, and Senior Planner
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 are typically Monday through Friday, between the
hours of 8:00 a.m. and 6:00 p.m. as determined by the Department. 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.
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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 Sciences, 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
Utility Systems 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 Utility Systems Operators’ shift schedule will reach the
equivalent of 40 hours per week in five weeks. The 12-hour shifts begin at 7:00 a.m. and
7:00 p.m. The Relief shift shall begin at 7:00 a.m. and end at 3:00 p.m. with lunch taken
while working. The shift schedule shall be rotating schedule. The Water Quality Control
Plant Operators’ shift schedule will reach the equivalent of 40 hours per week in two
weeks. There will be four 12-hour shifts that begin at 6:00 a.m. and 6:00 p.m. The fifth
shift will be a 4/10 shift that begins at 6 a.m. on three days, and at noon on the fourth
day.
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Pay Period
Pay periods and workweek for the System Operations will begin Sunday at 7:01 a.m. Pay
periods and workweek for the Water Quality Control Plan Operators will begin Saturday
at 6:01 a.m.
Wages
Wages will be based on the City of Palo Alto Compensation Plan, which may vary from
time to time as mutually agreed upon.
Overtime
Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12 in any
workday, 56 in any work week, or 2080 in 52 weeks, as the case may be.
Overtime will also be paid for hours worked when an employee is called in to work other
than their regularly-scheduled shift. The overtime rate of pay will be one and one-half
times (or current contract overtime rate, if different) of the employee's regular rate of
pay. All overtime worked will be paid to the employee. No compensatory time off for
overtime will be allowed with the exception of Water Quality Control Operations.
Relief Employees
This provision only applies to the Utility Systems Operators. The five Operators share the
relief week evenly as they rotate through the five week cycle. Relief employee(s) will be
used within the 12-hours shift schedule only when relieving for the System Operators on
shift. When not relieving, they will work four eight-hour shifts.
When a vacation relief week results in a 36-hour or 48-hour week, the operator working
said week shall be paid at one and one-half (1½) time their normal rate of pay for hours
that exceed thirty two (32) hours.
Relief Duties
This provision only applies to the Utility Systems Operators. An employee who is
scheduled to perform relief duties shall be available for duty in revolving shifts on any day
of the week and may be assigned for relief in any shift without advance notice. Relief
employees will be paid standby pay during their relief week.
Standby
This provision only applies to the Utility Systems Operators. An employee who is on relief
duties is covering standby, and will be compensated according to Article VIII, Section 7 (a)
of the Memorandum of Agreement. 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.
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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
Shift Changes
Maximum Hours Worked
Rest Period
Holidays
Sick Leave
Floating Days Off
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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.
Shift employees shall be permitted to eat their meals during work hours and shall not be
allowed additional time, therefore at City expense.
Shift premium will be handled in accordance with the current Memorandum of
Agreement between the City and the Union, Article VIII, Section 8.
Time off for jury duty which occurs on a regularly scheduled workday will result in the
employee being credited with up to 12 hours worked, for pay purposes. Employees called
for jury duty who are working the evening portion of the 12-hour schedule will be placed,
for payroll and scheduling purposes, on the day shift for each scheduled day such
employee is required to report for jury duty, and will not be required to work the evening
12-hour shift before or after being 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.
1. For employees in the following operations assigned to work schedules other than
Monday through Friday, the calendar day will be considered the holiday for premium
pay of in-lieu scheduling purposes:
Communications
Water Quality Control
Animal Control
Golf Course
Utilities Services
Landfill
Open Space
City of Palo Alto and SEIU Local 521
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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.
APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS
1. Promotional opportunities within the Communications Division will be carried out in
compliance with procedures set forth in Article VI, Section 5, of the Memorandum of
Agreement between the City and SEIU Local 521, except that:
a. In sub-paragraph (e) of Article VI, Section 5, the term "seniority" shall be defined
as Division Seniority.
•Division Seniority, for the purposes of shift scheduling, vacation scheduling and
promotional opportunities will be calculated from an employee’s first day of
employment in the division. Any unpaid leave that is not protected under FMLA
or CFRA will not count as service days towards seniority, unpaid furlough, and
unpaid closure time. Other areas of seniority not mentioned in this article will
follow Article 6, Section 5, e “Seniority” of the Memorandum of Agreement
between SEIU 521 and the City of Palo Alto.
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APPENDIX F. RECOVERY OF CITY TRAINING COSTS
In recognition of the extended training provided to affected employees, the Parties agree
that the City may recover up to thirty percent (30%) of its cost for training employees,
hired on or after July 1, 2012, in all Utilities Apprentice classifications and in the Park
Ranger Apprentice classifications if the employee voluntarily terminates from the City or
abandons his or her City employment before completing three years of City service in the
Journeyman classification or Park Ranger classification. The amount recovered shall
reasonably reflect the City’s cost for the training, but will exclude all wage or benefit costs,
and will be prorated to reflect the portion of the thirty-six (36) month post-training service
period remaining at the time of the employee’s termination.
As of July 1, 2015 thirty percent (30%) of the City’s average cost for training employees
in:
•Lineperson/Cable Splicer Apprenticeship Program is $5600.00
•For the Field Service Representative, the City’s two year training cost is $ 6,000
•For Substation Electrician Apprenticeship Program is $4800.00
•For Street Lighting / Traffic Signals / fiber Apprentice program is: $1800.00
•For Park Ranger, the City’s two-year training cost is:$6,300
The employee will be required to sign an agreement providing for reimbursement to the
City as provided above on the form attached hereto as Appendix H.
This Agreement is entered into between ___________ (“Employee”) and the City of Palo
Alto (the “City”), as authorized by the Memorandum of Agreement between the City
and SEIU Local 521.
RECITALS
A. The purpose of this Agreement is to limit the City’s risk that it will invest
substantial sums in the Employee’s training but potentially lose the value of that
training if the employee terminates without rendering substantial journey level
service to the City after training.
B. The City may require reimbursement from Employee of thirty percent (30%) of the
total training cost for _______position, subject to abatement when specified
service requirements are met.
C. On or about (date) City extended to Employee a conditional offer of
employment in the position of _________(position), subject to Employee’s
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agreement to complete the training necessary to perform the duties of _______
(position), under the terms of the training program. The ______(position)
requires [description of training], which as of July 1, 2015 cost the City
approximately $ over the course of the training.
D. This agreement sets forth the Employee’s agreement to reimburse the City for the
City’s investment in the Employee’s training if the employee voluntarily
terminates from the City prior to the completion of thirty-six months of service
following successful completion of the training.
THEREFORE, the Parties agree to the terms set forth below:
By signing this agreement, the Employee understands that s/he is bound by agrees to the
following terms:
1. ____________________________________ (hereafter “Employee”) agrees that
in training Employee for the position of
_________________________________________, the City of Palo Alto
(hereafter “City”) incurs a total cost of $___________.
2. Employee agrees that amounts recoverable under this agreement do not include
Employee wage or benefit costs.
3. Employee agrees that in the event he/she voluntarily terminates or abandons his
or her employment from the City prior to the completion of thirty-six (36) months
of service following the successful completion of his or her apprenticeship,
he/she will repay the City for the cost of training noted above, prorated to reflect
the months of service the Employee has completed following successful
completion of their training. Employee agrees that for the purpose of this
agreement, “time of service” shall begin on the date following the successful
completion of the Employee’s training.
4. Employee agrees that the aggregate amount of repayment due will be determined
based upon the attached proration table.
5.Employee agrees that repayment shall be due and made in equal monthly
installments over the twelve (12) months immediately following termination, on
the first of each such month.
6. If Employee does not fully reimburse the City for the amounts due when due, the
entire aggregate amount owed will become immediately due, the employee will
be deemed in default on this agreement and the City may initiate legal
City of Palo Alto and SEIU Local 521
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proceedings to collect said amounts. Employee will be responsible for all
reasonable collection costs and attorney fees incurred by the City in undertaking
such proceedings. The City may elect to forbear taking such action to allow
Employee the opportunity to become current on the debt. Such forbearance will
not alter the Employee’s default status or adversely affecting the City’s right to
later initiate proceedings for recovery pursuant to this Agreement.
7. This agreement shall be effective on the date listed below.
DATED: ___________________ ______________________________________
Employee
______________________________________
Title, City of Palo Alto
CITY OF PALO ALTO
Memorandum of
Agreement
City of Palo Alto and Service Employees
International Union (SEIU) Local 521
January 1, 2025 – December 31, 2027
City of Palo Alto and SEIU Local 521
Page 1 of 85
TABLE OF CONTENTS
PREAMBLE........................................................................................................................6
ARTICLE 1 – RECOGNITION..........................................................................................6
Section 1 - Recognition...................................................................................................6
Section 2 - Protection of Unit..........................................................................................6
ARTICLE 2 - NO DISCRIMINATION..............................................................................7
Section 1 – Discrimination..............................................................................................7
Section 2 - Right to Join the Union.................................................................................7
ARTICLE 3 – UNION MEMBERSHIP..............................................................................7
Section 1 - Notice............................................................................................................7
Section 2 – Payroll Deductions........................................................................................8
Section 3. Certification of Union Membership................................................................8
Section 4. Indemnification, Defense and Hold Harmless................................................9
Section 5 - Documentation..............................................................................................9
Section 5 - Bulletin Boards and Departmental Mail........................................................9
Section 6 - Access to Union Representatives................................................................10
Section 7 - Meeting Places............................................................................................10
Section 8 - Notification to the Union.............................................................................10
Section 9 - Union Logo..................................................................................................10
Section 10 - Public Notice.............................................................................................11
Section 11 - Use of Agency Reports..............................................................................11
Section 12 - Job Postings...............................................................................................11
Section 13 - Contracting Out.........................................................................................11
ARTICLE 4 – STEWARDS AND OFFICERS.................................................................11
Section 1 - Union Officers.............................................................................................11
Section 2 - Number of Stewards....................................................................................11
Section 3 - Release Time...............................................................................................12
Section 4 - Advance Notification Before Leaving Work Location...............................12
Section 5 – Release Time..............................................................................................12
Section 6 - Designated Union Space.............................................................................13
Section 7 - Union Officers and Release Time...............................................................13
ARTICLE 5 - REDUCTION IN FORCE..........................................................................13
Section 1 - Attrition.......................................................................................................13
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Section 2 - Advance Notice...........................................................................................13
Section 3 - Order of Layoff...........................................................................................13
Section 4 - Seniority/Bumping Rights...........................................................................14
Section 5 - Re-Employment List...................................................................................14
Section 6 - Sick Leave Balances....................................................................................14
Section 7 - Hourly Employees Performing Duties........................................................14
ARTICLE 6 - PERSONNEL ACTIONS...........................................................................15
Section 1 - Probation.....................................................................................................15
Section 2 - Personnel Evaluations.................................................................................15
Section 3 - Personnel Files............................................................................................15
Section 4 - Release of Information................................................................................16
Section 5 - Promotional Opportunities..........................................................................16
Section 6 - Rights...........................................................................................................18
Section 7 - Apprentice Positions....................................................................................18
Section 8 - Rotation.......................................................................................................19
ARTICLE 7 - PAY RATES AND PRACTICES..............................................................19
Section 1 - Salary...........................................................................................................19
Section 2 - Step Increases..............................................................................................19
Section 3 - Working Out of Classification....................................................................19
Section 4 - Classification Changes................................................................................20
Section 5 - Reclassification Requests............................................................................20
Section 6 - Assignment to a Lead Position....................................................................21
Section 7 - Total Compensation and Survey Database..................................................21
Section 8 - Direct Deposit..............................................................................................22
ARTICLE 8 - HOURS OF WORK, OVERTIME, PREMIUM PAY...............................22
Section 1 - Work Week and Work Day.........................................................................22
Section 2 - Overtime Work............................................................................................23
Section 3 - Work Shifts..................................................................................................25
Section 4 - City-Paid Meals...........................................................................................25
Section 5 - Break Periods..............................................................................................27
Section 6 - Clean-Up Time............................................................................................27
Section 7 - Standby Pay, Call-Out Pay..........................................................................27
Section 8 - Night Shift Premium...................................................................................27
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Section 9 - Bilingual Premium......................................................................................28
Section 10 - Communications Training Officer (CTO) Compensation.........................28
ARTICLE 9 - UNIFORMS AND TOOL ALLOWANCES..............................................28
Section 1 - Uniforms......................................................................................................28
Section 2 - Tool Allowance...........................................................................................32
Section 3 - Shoe Allowance...........................................................................................32
Section 4 – Certifications...............................................................................................32
Section 5 - Weather Protection......................................................................................37
ARTICLE 10 - HOLIDAYS..............................................................................................37
Section 1 - Fixed Holidays............................................................................................37
Section 2 - Pay for Fixed Holidays................................................................................38
Section 3 - Work on Fixed Holidays.............................................................................38
Section 4 - Variations in Work Week............................................................................38
Section 5 - Floating Days Off........................................................................................39
ARTICLE 11 - VACATIONS...........................................................................................39
Section 1 - Vacation Accruals.......................................................................................39
Section 2 - Holiday Falling During Vacation................................................................40
Section 3 - Illness During Vacation...............................................................................40
Section 4 - Accrued Vacation Pay for Deceased Employees........................................40
Section 5 - Effect of Extended Military Leave..............................................................40
Section 6 - Vacation at Termination..............................................................................41
Section 7 - Vacation Cash Out.......................................................................................41
ARTICLE 12 - LEAVE PROVISIONS............................................................................41
Section 1 - Sick Leave...................................................................................................41
Section 2 - Bereavement Leave.....................................................................................43
Section 3 - Military Leave.............................................................................................43
Section 4 - Leave Without Pay......................................................................................43
Section 5 - Jury Duty and Subpoenas............................................................................44
Section 6 - Time Off to Vote.........................................................................................44
Section 7 - Disapproval of Leave of Absence...............................................................44
Section 8 - Personal Business Leave Chargeable to Sick Leave...................................44
Section 9 - Return to Assignment..................................................................................44
ARTICLE 13 - WORKERS' COMPENSATION INSURANCE......................................45
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Section 1 - Industrial Temporary Disability..................................................................45
Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees.45
ARTICLE 14 - BENEFIT PROGRAMS...........................................................................45
Section 1 - Health Plan..................................................................................................45
Section 2 - Dental Plan..................................................................................................48
Section 3 - Vision Care..................................................................................................49
Section 4 - Life Insurance..............................................................................................49
Section 5 – Long Term Disability Insurance.................................................................49
Section 6 - Effective Date of Coverage for New Employees........................................49
Section 7 - Dual Coverage.............................................................................................49
Section 8 - Deferred Compensation...............................................................................50
Section 9 – Dependent Care Assistance Program and Medical Flexible Spending
Accounts........................................................................................................................50
ARTICLE 15 – RETIREMENT........................................................................................50
Section 1 - PERS Continuation......................................................................................50
Section 2 - Employee Share...........................................................................................51
Section 3. Employer Share............................................................................................52
ARTICLE 16 - COMMUTE INCENTIVES AND PARKING.........................................52
Section 1 - Commute Incentive.....................................................................................52
Section 2 – Parking Lot Security – Municipal Service Center......................................53
Section 3 – Bicycle Lockers and Motorcycle Parking...................................................53
ARTICLE 17 - PHYSICAL EXAMINATIONS...............................................................53
ARTICLE 18 – SAFETY..................................................................................................54
Section 1 - Health and Safety Provisions......................................................................54
Section 2 - Union Cooperation......................................................................................54
Section 3 - Safety Committees and Disputes.................................................................54
ARTICLE 19 - GRIEVANCE and APPEAL PROCEDURE...........................................55
Section 1 - General Provisions......................................................................................55
Section 2 – Definitions..................................................................................................55
Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action
Procedure.......................................................................................................................55
Section 4 - Grievance and Appeal Procedure................................................................57
ARTICLE 20 - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY
ACTION............................................................................................................................59
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Section 1 - Preliminary Notice of Discipline.................................................................59
Section 2 - Skelly Meeting............................................................................................60
Section 3 – Appeals.......................................................................................................60
ARTICLE 21 - NO ABROGATION OF RIGHTS...........................................................60
ARTICLE 22 - OUTSIDE EMPLOYMENT....................................................................61
ARTICLE 23 – WORK STOPPAGE AND LOCKOUTS................................................61
ARTICLE 24 - PROVISIONS OF THE LAW..................................................................61
Section 1 - Conformity and Separability of Provisions.................................................61
Section 2 - Merit Rules and Regulations.......................................................................61
Section 3 - Resolution....................................................................................................61
ARTICLE 25 - PROFESSIONAL DEVELOPMENT......................................................61
ARTICLE 26 - COST REDUCTION PROGRAMS.........................................................63
ARTICLE 27 – TERM......................................................................................................63
ARTICLE 28 - APPRENTICESHIP REOPENER
APPENDIX A....................................................................................................................66
APPENDIX B. APPRENTICESHIPS...............................................................................67
APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK
VARIATION.....................................................................................................................70
APPENDIX D. IN-LIEU PREMIUMS.............................................................................75
APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS...............................76
APPENDIX F. RECOVERY OF CITY TRAINING COSTS...........................................77
APPENDIX G. RECOVERY OF TRAINING INVESTMENT AGREEMENT.............78
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2023 - 2024 MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (hereinafter “MOA” is entered into by the City of Palo
Alto (hereinafter referred to as the “City”) and Local 521 Service Employees’ International
Union, CTW (hereinafter referred to as the “Union”). For the purposes of this MOA
“employee” shall mean an employee assigned to a classification within the SEIU General
Employee bargaining unit. This MOA is pursuant and subject to Sections 3500-3510 of
the Government Code of the State of California and Chapter 12 of the City of Palo Alto
Merit Rules and Regulations.
Section 1 - Recognition
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 hereto.
This unit, shall for purposes of identification, be titled the SEIU General Employees
bargaining unit (hereinafter “General Unit”).
Section 2 - Protection of Unit
No supervisor will perform the work of an employee in the General Unit provided that
there is an employee available who regularly performs such work. This does not preclude
a supervisor from performing work of a minor nature or during bona fide emergencies or
on a standby status when willing and qualified unit employees do not live within a
reasonable response time of their work location. Supervisory personnel shall be called
out to perform unscheduled work only when SEIU General unit employees are unavailable
to perform such work or in cases of bona fide emergencies as defined in Article VIII,
Section 2. In cases of bona fide emergencies, SEIU General Unit employees shall be called
out to complete the necessary work after the immediate emergency situation has been
reasonably contained.
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ARTICLE 2 - NO DISCRIMINATION
Section 1 – Discrimination
The City of Palo Alto is committed to providing a work environment free from all forms of
harassment and discrimination and agrees not to harass or discriminate against
employees or applicants based on such characteristics such as race, ethnicity, color,
religion, political affiliation, veteran status, military status, national origin, ancestry,
disability, medical condition, marital status, age, pregnancy, sex, sexual orientation,
gender identity and gender expression, or the perception that any person has such
characteristic, and any other characteristic protected by federal or state law or City
Ordinance. The City of Palo Alto will not harass or discriminate against employees from
exercising their rights to organize in accordance with the Meyers-Milias Brown Act.
Complaints of harassment or discrimination may be reported to any of the following
individuals:
•Immediate supervisor
•Any supervisor or manager within or outside of the department
•Department Head
•Human Resources Director
Complaints will be investigated in accordance with the City’s Policy and Procedures.
Section 2 - Right to Join the Union
The City and the Union agree to protect the rights of all employees to exercise their free
choice to join the Union and to abide by the express provisions of applicable State and
local laws.
Section 1 - Notice
a) 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 packet of information provided by the Union, and will maintain
a current copy of the Memorandum of Agreement on the City’s website.
b) When a group new employee orientation is held for employees of the bargaining unit,
a union representative shall be permitted to make a presentation to such bargaining unit
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employees during the employee orientation for the purpose of explaining matters of
representation. The presentation shall not exceed 30 minutes. Management will not be
present during the Union presentation. The City will provide release time to a steward or
Union Officer for purposes of making the presentation. In addition, a non-City employee
Union representative will also be given access to attend for the purposes of making the
presentation.
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Section 3 - Certification of Union Membership
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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, or
designee 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.
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be consistent with Article 5 – Reduction in Force.
c) Vacancies and Temporary Personnel
The City agrees to notify SEIU Local 521 in writing when any irregular, temporary,
hourly, provisional, special or extra help employee who consistently performs
work typical of the SEIU Local 521 bargaining unit exceeds 1,000 hours of work
within a 18-month period. The City agrees to notify SEIU Local 521 in writing when
any position covered by this agreement is left vacant for more than 60 days. The
City will notify SEIU and, upon request, meet regarding the conversion of any long
term and on-going hourly positions which the City proposes to convert to full time
positions through the budget process.
Section 10 - Public Notice
The City shall make available to the Union, in a timely manner, copies of all City Council
meeting agendas, minutes and schedule of meetings. These materials will be available
online via the City’s website.
Section 11 - Use of Agency Reports
Upon request, the City shall provide to the Union reports by department on the use of
agency temporaries filling representation unit vacant positions, or doing work similar to
that of representation unit classifications.
Section 12 - Job Postings
The City shall incorporate the requirements of this Article when publicizing job
announcements for classifications covered by this Memorandum of Agreement.
Section 13 - Contracting Out
The City, through the labor management process, will 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.
Prior to contracting out work, the City will attempt to fill vacant positions within the
classification which normally performs the work to be contracted out; and attempt to use
voluntary overtime to reduce or eliminate the need to contract out.
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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. Within the ninety
(90) day period of contracting out, both parties may offer alternatives to contracting out
and meet and confer on the impact of such contracting out of a bargaining unit employee
work.
ARTICLE 4 – STEWARDS AND OFFICERS
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b) A meeting with Management.
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additional subject matter expert or experts would be helpful to the discussion, the Union
shall notify the Human Resources Director, or designee and request release time for those
individuals. Additional release time will be by mutual agreement.
ARTICLE 5 - REDUCTION IN FORCE
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Section 4 - Seniority/Bumping Rights
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Section 7 - Hourly Employees Performing Duties
ARTICLE 6 - PERSONNEL ACTIONS
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by the Union. Decisions regarding evaluation appeal shall be made in writing within ten
(10) working days following the review meeting.
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designation, the recruitment will proceed and the Parties will discuss flexible staffing at
Labor Management; (3) if the Union does not request to meet over the designation or if
the Parties reach agreement to designate the position as Flexibly Staffed, the City will
designate the position as Flexibly Staffed.
Posting. Promotional opportunities for classifications within the representation unit
will be posted for at least one (1) week prior to selection. Outside recruitment may
be used for promotional openings and may begin at the time of posting, or any time
thereafter.
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.
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 and on the City’s career website 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. Internal candidates who successfully complete the screening and
testing process shall be granted an interview. The granting of an interview does not
guarantee that the internal candidate will be selected for the position. Selection
procedures may include any or all of the following phases:
Application. Both inside and outside candidates must complete a City of Palo Alto
application form specified by the Human Resources Department. Applications
must be submitted to the Human Resources Office.
Screening. Applications will be screened by the Human Resources Department
and, in some circumstances, a manager from the Department seeking to fill a
position 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.
Performance Testing. Performance tests, such as typing, machinery or vehicle
operation, skills demonstration, physical agility, etc., will be qualifying. Pass-fail
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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. 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 E.
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.
h) Eligibility List. Human Resources may maintain an eligibility list of those applicants
who interviewed and were ranked within the top three (3). Candidates on an eligibility
list will be considered for any vacant position in the classification for which the list exists,
without the need to submit a new application under section (c)(1) of this provision.
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Section 6 - Rights
ARTICLE 7 - PAY RATES AND PRACTICES
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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.
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Section 5 - Reclassification Requests
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the proposed changes shall revert to the status quo as it existed before those
changes in duties occurred or were proposed.
d) An employee may submit a request for reclassification for the same classification
no more than once every twenty-four (24) months.
Section 6 - Assignment to a Lead or Senior 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 a minimum of seven (7%) percent above the pay
step of the highest paid employee on the crew.
All vacancies in senior positions shall be filled in accordance with Article 6, Section 5. The
top step of the pay range for the senior position shall be a minimum of seven (7%) above
the top step of the pay range for the position below it in the series. 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.
Section 7 - Total Compensation and Survey Database
Management and the Union agree to a compensation survey database structure
which identifies specific benchmark classifications for job families, classifications
within the job families of each benchmark classification, survey agencies and
survey classification matches. Survey Cities include:
Alameda Hayward San Mateo
Berkeley Mountain View Santa Clara
Daly City Redwood City S. San Francisco
Fremont San Jose Sunnyvale
If the employer list will not permit the production of a survey report that includes data
from at least four (4) employers that employ employees in a classification comparable to
the classification surveyed by the City, neither party is precluded from bringing forward
information on other employers in the relevant recruitment area that employ workers in
a comparable classification so that data from at least five (5) surveyed employers will be
included in the study, if feasible. Such employer may include any public or private
employer.
The database is intended to provide one source of information concerning how the
compensation paid to employees in bargaining unit job classifications compares to that
paid by other employers. The City will update the survey database and send the Union a
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copy no later than August 31, 2024. This survey will be considered in connection with
special adjustment proposals in successor agreement negotiations. By agreeing to a
survey database, neither the Union nor the City is under obligation to propose or agree
to special adjustments.
ARTICLE 8 - HOURS OF WORK, OVERTIME, PREMIUM PAY
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Section 2 - Overtime Work
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two (2) hours before the start of their regular work shift (e.g., for an employee
with an 7:00am start time between the hours of 11:00pm and 5:00am), the
employee shall be entitled to a six (6) hour rest period commencing at the time of
release from duty. If the rest period overlaps the employee’s regular work shift in
whole or in part, they will be paid at the straight-time rate for the time that falls
within their regular work shift.
The City may require an employee to work during their designated rest period.
However, in that event, the employee will be paid for the rest period plus straight
time for the hours actually worked during the rest period (i.e., double time for
hours worked during the rest period).
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 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.
g) Part-time Employees. Authorized hours worked by an employee in a budgeted,
part-time position in excess of the scheduled hours of work of the position shall
be compensated at the employee’s applicable hourly rate up to the maximum of
non-overtime hours in the work period applicable to the employee. If a part-time
employee works more than 80 hours in a pay period then overtime will be paid in
accordance with the FLSA.
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.
Section 4 - City-Paid Meals
In accordance with City policy, the City of Palo Alto bases its meal reimbursement limits
on the U.S. General Services Administration (GSA) per diem rates. Those rates are
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adjusted every October. For overnight travel per diem rates, the City reimburses based
on the rates applicable to the destination of travel, as provided by the GSA at
http://www.gsa.gov/portal/category/100120. For non-travel meals, the City will
reimburse up the maximum GSA rates for the Palo Alto area. Receipts are required to
back-up these expenses.
For purposes of this section, emergency overtime is
defined as unplanned overtime arising out of situations involving real loss of
service or property or personal danger. The City agrees to reimburse for meals
based on GSA maximum rates for the Palo Alto Area and will provide meals in the
following emergency overtime situations:
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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.
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 their 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. If the City is unable to provide a meal,
the City agrees to reimburse for meals based on GSA maximum rates for the Palo
Alto Area. This policy only applies when an employee is held over, either voluntary
or mandated, on duty beyond a scheduled regular or overtime shift.
Section 5 - Break Periods
All employees shall be granted a break period or coffee break limited to 15 minutes during
each four hours of work. Departments may make reasonable rules concerning break
period scheduling. Break periods not taken shall be waived.
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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:
On a Regular Workday (14 to 16-hours of Standby)$70
On a Regular Day Off (e.g., Weekends and Holidays) (24-hours of
Standby)
$100
In the event of a declared City emergency, this section applies to standby assigned
in accordance with applicable department policy.
b)Minimum Call-Out Pay
Employees who are called out to work after leaving the worksite for the day shall
be compensated for at least two hours' pay from the time of the call-out at the
appropriate overtime rate. Employees who work more than two (2) hours after
being called out shall be compensated for all hours worked outside of their normal
shift at the overtime rate. Employees will receive two (2) hours of pay for each
callout. However, they will not receive callout pay when they are already in paid
status (e.g., when a second call comes in within two (2) hours after the initial
callout), except as provided in (c) below.
Effective the first full pay period following the later of January 1, 2025 or City
Council approval of the MOA, the two-hour minimum shall apply to employees
called out to work while earning pay for being in a standby status.
Section 8 - Night Shift Premium
Night Shift premium is paid at a rate of 6% of an employee’s base hourly rate. Night Shift
premium is paid only for hours actually worked between 6:00 p.m. and 8:00 a.m.
Employees who regularly work night shifts shall receive appropriate night shift premiums,
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relating to night shift hours worked, in addition to base pay for holidays, sick leave and
vacation.
Upon approval by the Human Resources Director, the City
is required to arrange for language testing within four (4) months of the approval.
Employees receiving bilingual pay must provide interpreter services upon request.
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only for those hours spent as a CTO training a probationary dispatcher while on-duty in
the Dispatch Center.
ARTICLE 9 - UNIFORMS AND TOOL ALLOWANCES
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Industrial Waste Investigator
Instrumentation Electrician
Laboratory Technician, Water Quality Control
Line Person/Cable Splicer
Line Person/Cable Splicer - Lead
Mail Services Specialist
Maintenance Mechanic/Maintenance Mechanic, Water Quality Control
Mechanical Unit Repairer
Meter Reader
Meter Reader – Lead
Mobile Service Technician
Motor Equipment Mechanic - Lead
Motor Equipment Mechanic
Offset Equipment Operator - Lead
Offset Equipment Operator
Park Maintenance Assistant
Community Services Officer Park Maintenance Person
Park Crew - Lead
Park Maintenance - Lead
Park Ranger
Parks & Open Space Assistant
Police Records Specialist
Refuse Disposal Attendant
Senior Chemist
Senior Industrial Waste Inspector
Senior Industrial Waste Investigator
Senior Instrumentation Technician
Senior Operator, Water Quality Control
Senior Mechanic, Water Quality Control
Senior Park Ranger
Sprinkler System Repairer
Street Maintenance Assistant
Storekeeper
Storekeeper-Lead
Street Sweeper Operator
Traffic Control Maintainer - Lead
Traffic Control Maintainer II
Traffic Control Maintainer I
Tree Trimmer-Line Clearer
Tree Maintenance Assistant
Tree Trimmer-Line Clearer Assistant
Tree Trimmer-Line Clearer - Lead
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Tree Maintenance Person
Truck Driver
Utilities Compliance Technician
Utility Field Service Representative
Utility Installer/Repairer
Utility Installer/Repairer Assistant
Utility Installer/Repairer – Lead
Utility Locator
Water Meter Cross Connection Technician
Water System Operator - Lead
Water System Operator
Water System Operator I
Water System Operator II
Water Quality Control Plant Operator
b) Coveralls will be made available for occasional use as needed to protect clothing
for the following classifications and any positions necessary or required as
determined by management.
Building Inspector
Building Inspector Specialist
Building Service Person - Lead
Cable Splicer Assistant
Chief Electric Underground Inspector
Electrical Assistant
Electrician
Facilities Mechanic/Painter
Heavy Equipment Operator
Lineperson/Cable Splicer
Park Ranger
Senior Park Ranger
Utility Field Service Representative
Sprinkler System Repairer
Utility Installer Assistant
Utility Installer/Repairer
Utility Installer/Repairer - Lead
c) Employees required to wear uniforms shall be provided suitable change rooms
and lockers where presently provided.
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d) Employee clothing seriously damaged or destroyed in conjunction with an
industrial injury will be reasonably replaced by the City. Any other claims alleging
City liability may be filed with the City Attorney.
e) Except in the Utilities Division, the City will make available, as an alternative to the
shirts currently provided under Section 1(a), six (6) cotton polo shirts. Employees
in the Utilities Division will be provided with six (6) long-sleeve shirts and two polo
shirts. Employees will be responsible for laundering the shirts. Damaged or
otherwise unwearable shirts will be returned to the employee’s supervisor and
replaced by the City.
f) Employees are responsible for laundering Park Ranger and Senior Park Ranger
uniforms.
g) The City will meet and confer with the Union regarding any mandated changes to
uniforms.
h) In accordance with California Code of Regulations (C.C.R.) section 571(a) the
estimated value of City provided uniforms is $21.28 per pay period.
Section 2 - Tool Allowance
a) Mechanics in Equipment Maintenance, Park Maintenance Lead, Motorized
Equipment Mechanic and Mobile Service Technician shall be paid a tool allowance
of $1000 annually upon verification of purchase by the employee.
b) Parties will meet and confer to determine if additional classifications require tool
allowance.
Section 3 - Shoe Allowance
a) Safety Shoes. The City will pay the vendor or reimburse full-time employees up to
$400 per fiscal year for the cost of job-related safety shoes upon verification of
such purchase by the employee.
b) Walking Shoes. The City will reimburse employees 75% of the cost of job-related
walking shoes for any positions necessary or required as determined by
management including Meter Reader and Meter Reader-Lead, in an amount not
to exceed $300.00 per year. A walking shoe is a durable work shoe/boot (non
steel-toed), is ankle supporting; oil, gas and slip resistant; waterproof or water
resistant; lightweight and durable; and also provides hard surface cushioning.
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c) Additional Boot Reimbursements. Employees in the Park Ranger Classification will
receive an additional $200 per year to account for the additional cost of wildland
fire boots for a total Safety Shoe reimbursement of $600. Employees in the
Lineperson series will receive an additional $200 per year to account for the
additional cost of climbing boots for a total Safety Shoe reimbursement of $600.
Section 4 – Certifications
The parties agree to retain the current list of required certifications below. Employees
who are required to maintain commercial driver's licenses shall have costs for medical
examinations paid by:
a) Completing an examination through their PEMHCA provider. After benefits
have been paid by the PEMHCA provider, upon presentation of proper
documentation, the City will reimburse any remaining costs, or
b) Completing an examination at the Workforce Medical clinic or other City
designated clinic. Employees may use paid leave for attendance at scheduled
medical examinations. Employees shall be permitted to use up to two hours of
regular City-paid time for attendance at biannual medical examinations. The
scheduling of such time shall be preauthorized by the employee’s supervisor.
c) The City will pay special registration and/or certification fees which are
required by Management. During the term of this agreement, the City and the
Union may, by mutual agreement, review, add or delete classifications and/or
required certifications listed below:
Classification Requirement
Facilities Technician Aquatics Facility Operator Certificate
Building Inspector/
Buildg Inspection Specialist Certificate as stated in job description
Cathodic Technician Corrosion Technician by the National
Assoc. of Corrosion Engineers
Engineer Professional Professional Engineer Cert. (for step E)
Equip Maint Serv Pers. Forklift Operator Cert. (OSHA-approved)
Golf Course Maint Pers. Qualified Applicators' License
Heavy Equipment Operator Crane Operation Certificate
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(Utilities and Electric)
Indust. Waste Inspector Backflow Prevention Device Tester
Inspector Field Services, Utilities D1 (DOH)
Hired before July 1, 2012
Installer/Repairer Series D1 (DOH)
Maintenance Mechanic Crane Operator Certification
(Water Quality)
Mech. Unit Repairer Welding Certificate
Motor Equip Mechanic
and Lead EMS, ASE
Planner, Associate Planner AICP
Senior Planner
Public Safety Dispatcher POST Basic Dispatcher
EMD
Public Safety Dispatcher, Lead POST Basic Dispatcher
POST Supervision
EMD
Senior Operator, WQC Grade III Wastewater Treatment Plant
Operator Certification
Surveyor, PW Licensed Land Surveyor
Tree Trimmer/Line Clearer Certified Tree Worker and/or Qualified
Line Clearance/Tree Trimmer Cert.
(OSHA-approved)
Tree Trimmer/Line Clearer-Lead Certified Arborist
Utilities Install/Rep series Polyethylene Fusing Cert.
Gas Operator Certification (DOT)
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Veterinarian Technician Animal Health Tech. Certification
Water System Operator I Grade DI – Water Distribution Operator
Water System Operator II Grade DII – Water Distribution Operator &
Grade TII – Water Treatment Operator
Senior, Water System Operator Grade DIII – Water Distribution Operator &
Grade TIII Water Treatment Operator
WQC Plant Operator I Grade I Wastewater Treatment Operator
Certification.
WQC Plant Operator II Grade II Wastewater Treatment Operator
Certification
WQC Plant Operator Trainee Grade I Wastewater Treatment Operator
Certification
Water Meter Cross-
Connection Technician Backflow Prevention Tester Certification
d) The City will pay for the Department of Motor Vehicles (DMV) licensing fees for
all employees required to maintain a Commercial Driver's License in accordance
with the California Vehicle Code and applicable laws prescribed by the
Department of Transportation.
e) Effective the first full pay period following the later of January 1 or the
adoption of the MOA, and upon verification that the certification is held:
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Classification Certification(s) Amount
Utility Project Coordinator*
WGW Utilities Field Inspector*
Backflow Tester and
Specialist
$4,000,
and upon recertification
Heavy Equipment Operator
Electric Heavy Equip Operator
Maintenance Mechanic
Lineperson/Cable Splicer
Lineperson/Cable Splicer Lead
Crane Operator (j)$3,000
Annually
Associate Engineer
Assistant Engineer
Associate Power Engineer
Assistant Power Engineer
Engineer Tech I
Engineer Tech II
Engineer Tech III
Professional Engineer $4,000
Building Inspector Specialist
Building Inspector
Senior Building Inspector
Each certification
above minimum to a
max of four (4) (g)
$50
Monthly
Water System Operator II
Senior Water System Operator D5 $5000
Annually
Park Ranger
Senior Park Ranger Emergency Medical
Tech (EMT)
$3,000,
and upon
recertification
Utility Installer/Repairer
Utility Installer/Repairer Lead
Maintenance Mechanic - Welding
Pipeline Welding
Assignment (f) 4% Pay Premium
*When assigned to WGW Operations
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Classification Certification(s) Amount
Water Quality Control Operator I
Water Quality Control Operator II
Sr Water Quality Control Op
Plant Mechanic (WQC)
Electrician (WQC)
Chemist
Senior Chemist
Water System Operator I
Water System Operator II
Senior Water System Operator
Laboratory Technician WQC
Inspector Field Services**
One (1) certification
above what is required
in the Job Description
(h)
1% of Annual Salary as
a lump sum
**When assigned to Utilities Installer/Repairer Series
f)Pipeline Welding Assignment. The Utility Installer-Repairer and Utility
Installer-Repairer Lead positions that fail to maintain current certifications will
not receive a 4% premium on their base pay. Positions assigned these duties
and designated by Management to receive this premium will not exceed five
(5) Utility Installer/Repairer(s) and Installer/Repairer Lead(s). If the
certification is required in the job description, certification must be maintained.
In accordance with their job description, Maintenance Mechanics assigned to
Water Gas Wastewater must maintain all required certifications and shall
receive 4% premium to their base pay for pipeline welding.
g) Building Inspector Certifications:
Employees in the classifications of Building Inspector, Building Inspector
Specialist and Sr. Building Inspector may receive $50 per month per
certification above the minimum requirement of the classification up to a
maximum of 4 additional certifications (maximum $200/month or $2400
annually). Premiums will not be paid if certification is not maintained or if
employee is not employed in a covered classification.
•International Code Counsel (ICC)
o Residential Building Inspector
o Residential Mechanical
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o Residential Plumbing
o Residential Electrical
o Commercial Building Inspector
o Commercial Mechanical
o Commercial Electrical
o Commercial Plumbing
o CALGreen Building Inspector/Plans Examiner
o Accessibility Inspector/Plans Examiner
•Department of State Architect (DSA): Certified Access Specialist CASp
•US Green Building Council LEED BD+C
•or equivalent as defined by the Chief Building Official
h)Water and Wastewater System Operator Certification. Employees classified
in the following positions: Water Quality Control Plant Operators I and II, Senior
Operator Water Quality Control, Plant Mechanics and Electricians assigned to
Water Quality Control, Laboratory Technician Water Quality Control, Chemist,
Senior Chemist, Water System Operators I and II, Senior Water Systems
Operator, Inspector, Field Services assigned to Utilities and Installer Repairer
Job Series may be eligible to receive a 1% base pay premium for certifications
required by the Department of Health, California Water Environment
Association and/or the State Water Resources Control Board. Employees
within these job classifications that have successfully completed probationary
requirements may request an annual payment of one (1) percent for one (1)
certification that is above those listed in their job description. An employee
who qualifies for this payment shall be paid 1% of the employee’s annual base
salary once per year. The employee shall be responsible for providing the City
with written documentation that the employee has obtained and is maintaining
the qualifying certification on an annual basis. Premiums will not be paid if
certification is not maintained. Eligible employees should verify certification
will qualify for the premium before attempting certification. The Union and the
City will update the job descriptions to reflect newly required certifications with
no further adjustments to base salary. Payments will not exceed a maximum
of one (1%) percent per year, and will take effect in the pay period following
the verification of certification. All costs for obtaining certifications above what
the job description requires will be the responsibility of the employee and may
be paid for by using the City’s tuition reimbursement program.
i) In accordance with Cal-OSHA regulations any employee who operates a forklift
must have Forklift Operator Certification. Training to be provided by the City.
j)Crane Certification. A Heavy Equipment Operator, Electric Heavy Equipment
Operator, Line Person, Line Person Lead, or Maintenance Mechanic who
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possesses the legally required certification for operation of any crane will
receive $3,000 the first full pay period following the later of January 1 in each
year, or the adoption of the MOA, and upon verification that the certification is
held.
Heavy Equipment Operator (Electric) must possess a Crane certification regardless of
hire date. Any employee hired on or after July 1, 2012 may be required to obtain and
possess crane certification.
For any other employee hired prior to July 1, 2012 crane certification shall be desirable
(not required) except under the following circumstances:
a) There are insufficient employees in the classification (Heavy Equipment Operator
[exclusive of Electric], Lineperson, Lineperson Lead or Maintenance Mechanic)
who possess the certification to perform the work;
b) The Manager has sought volunteers and no employee in the classification has
volunteered to train for the certification;
c) All things being equal, the manager has selected the least senior employee in the
classification who is judged by the City most likely to successfully complete the
training and obtain crane certification.
d) The Manager will allow up to three attempts to pass the crane certification for
any employee hired before July 1, 2012 who has been involuntarily assigned to
acquire the crane certification. Related training and test costs shall be borne by
the City. No employee hired before July 1, 2012 shall be disciplined or
discharged for failure to acquire a Crane certification.
Section 5 - Weather Protection. The City will provide rainy weather foot protection and
one summer hat for the classification of Community Services Officer.
ARTICLE 10 - 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
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Last Monday in May
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Employees who work a schedule where a regular day off falls on a holiday will accrue the
holiday hours they would have normally worked on that day. If an employee has more
than four (4) days of holiday time accrued the City will automatically cashout these
additional hours. This does not impact the employee’s ability to cashout or transfer to
deferred comp holiday hours below the four (4) day threshold.
ARTICLE 11 - VACATIONS
th) year: eighty (80)
hours vacation per year.
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b) First day of the fifth year of continuous service through the last day of the ninth (9th)
year: one-hundred and twenty (120) hours vacation per year.
c) First day of the tenth (10th) year of continuous service through the last day of the
fourteenth (14th) year: one-hundred and sixty (160) hours vacation per year.
d) First day of the fifteenth (15th) year of continuous service through the last day of the
nineteenth (19th) year: one-hundred and eighty (180) hours vacation leave per year.
e) Twenty (20) or more years: two-hundred (200) hours vacation leave per year.
Vacation accrual will be prorated based on hours in paid status.
Employees may accrue up to three (3) times their annual vacation accrual (e.g., an
employee who accrues 80 hours per year has an accrual cap of 240 hours). As long as
there is no interference with departmental operations, there shall be no unreasonable
restriction of use.
At the time of initial appointment, or to address an identified retention issue the City may
credit an employee for prior experience or special expertise, including prior years of
public service in a city, county, special district, state, or federal government agency, up to
a maximum of five (5) years’ service towards their rate of vacation accrual. The City
Manager or designee shall identify the number of years for which the employee will
receive credit (up to the five (5) year maximum).
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), additional hours for such holiday shall be added to their vacation
accrual.
Section 3 - Illness During Vacation
When an employee becomes ill while on vacation and such illness can be supported by a
statement from an accredited physician or the employee is hospitalized for any period,
the employee shall have the period of illness charged against sick leave and not against
vacation leave.
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Section 4 - Accrued Vacation Pay for Deceased Employees
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4. Employees who pre-designate cash out amounts may request a cash out at any time
in the designated tax year by submitting a cash out form to Payroll. Payroll will
complete the cash out upon request, provided the requested cash out amount has
accrued and is consistent with the amount the employee pre-designated. If the full
amount of hours designated for cash out is not available at the time of cash out
request, the maximum available will be paid.
ARTICLE 12 - LEAVE PROVISIONS
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. Sick leave may be used for illness in the immediate family, including
registered domestic partner, or other individuals required by law. A new employee
may, if necessary, use up to forty-eight (48) hours of sick leave at any time during the
first six (6) months of employment.
Return to Work With Limited Duty. Upon approval of department management and
the City Risk Manager, an employee may return to work for doctor-approved limited
duty. Approval for return to work shall be based upon department ability to provide
work consistent with medical limitations, the location of the work assignment, and
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the length of time of the limitations. The City doctor may be consulted in determining
work limitations.
f) If an employee’s illness results in an absence from work for more than three (3)
consecutive work days or twenty-four (24) continuous hours, whichever is greater, a
doctor’s certificate or other proof of illness may be required. The department head
or designee may require a doctor’s certificate or other proof of illness when there is
reasonable cause of misuse.
g) Leave Committee
During the term of this Agreement, upon request by either party, the parties will meet
with the goal of developing alternate leave models, such as “Paid Time Off” or other
similar benefits. Any changes implemented during the term of this agreement must
be by mutual agreement only.
Section 2 - Bereavement Leave
a) Leave of absence with pay of three (3) days shall be granted an employee by the
head of his or her department in the event of death in the employee's immediate
family, which is defined for the purposes of this section as wife, husband, son,
step-son, son-in-law, daughter, step-daughter, daughter-in-law, mother, step-
mother, mother-in-law, father, step-father, father-in-law, brother, brother-in-law,
step-brother, sister, step-sister, sister in- law, grandmother, grandmother-in-law,
grandfather, grandfather-in-law, grandchildren, aunt, uncle, niece, nephew,
registered domestic partner, or a close relative residing in the household of the
employee. Such leave shall be at full pay and shall not be charged against the
employee's accrued vacation or sick leave. Request for leave with pay in excess
of three (3) days shall be subject to the written approval of the City Manager.
Approval of additional leave will be based on the circumstances of each request
with consideration given to the employee's need for additional time.
b) Employees may supplement the paid bereavement leave in paragraph (a) with
accrued leave (including vacation or sick leave) or unpaid leave to reach a total of
five (5) workdays of time off per incident of bereavement.
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 up to thirty days per calendar year.
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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
and the City may require that employee to use paid leave credits in a manner consistent
with state and federal law. 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 on 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 their regular shift following performance of the duties, reasonable consideration
shall be given to such factors as travel time and a period of rest. When a combination of
City work time and jury duty equals 14 or more hours in the 24-hour period immediately
before the employee's shift starting time, the employee will be allowed a rest period of
nine (9) hours. Any portion of the rest period falling within the employee's work shift will
be considered as hours worked and compensated at the straight time rate. This provision
does not apply to conditions of bona fide emergency. Bona fide emergency conditions
are conditions involving real or potential loss of service or property or personal danger.
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Section 6 - Time Off to Vote
ARTICLE 13 - WORKERS' COMPENSATION INSURANCE
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c) During the period of temporary disability, an employee's eligibility for health, dental,
life, LTD, or other insured program will continue with City contributions at the same
rate as for active employees. In case of Subsection (a) above, the employee will
continue to accrue vacation and sick leave benefits. In the case of Subsection (b), sick
leave and vacation benefits shall not be accrued.
Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees
Vocational Rehabilitation will be made available to employees who have suffered
permanent disability as a result of an injury or illness sustained in the course and scope
of employment before 1/1/04. For injuries on or after 1/1/04 qualified employees are
entitled to supplemental job displacement vouchers in accordance with the California
Labor Code, Division 1, Department of Industrial Relations and Division 4, Workers’
Compensation and Insurance, the Americans with Disabilities Act (ADA), and the City of
Palo Alto's Workers’ Compensation Program.
ARTICLE 14 - BENEFIT PROGRAMS
Section 1 - Health Plan
a) Active Employees
During the term of this contract, the maximum City contribution towards medical
premiums for eligible full time employees per employee category shall be up to a
maximum of the following for any plan:
Effective January 1, 2025:
•Employee only: $943
•Employee plus one: $1885
•Employee Family: $2,444
Effective the first full pay period following City Council adoption, and in lieu of an increase
to the City contribution towards medical premiums, each represented classification will
have their base pay increased by one-thousand, eight hundred dollars ($1800) per year
($150 per month).
Effective the first full pay period including January 1, 2026, and in lieu of an increase to
the City contribution towards medical premiums, each represented classification will have
their base pay increased by an additional six hundred dollars ($600) per year (for a total
of $2400 per year or $200 per month).
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Effective January 1, 2027, in addition to the $2400 of annual flexible compensation, the
City will increase its maximum contribution to medical premiums by the following
percentages:
•Employee only: increase City contribution by two percent (2.0%) to $962 per
month.
•Employee plus one: increase City contribution by three percent (3.0%) to $1,942
per month.
•Employee family: increase City contribution by five percent (5.0%) to $2,566 per
month.
The City’s total maximum contribution towards medical premiums for eligible part time
employees shall be prorated based on the number of hours per week the part-time
employee is assigned to work.
PEMHCA minimum changes per statutory determination and has historically been
increased by $3 dollars each year. Any increases to the PEMHCA minimum during the
term of this contract will result in a corresponding decrease to the amount of the
additional City contribution, so that the total maximum City contribution never exceeds
the amount listed in the Maximum City Contribution described above.
b) Health Plan Coverage for Future Retirees Hired Before January 1, 2005.
Monthly City-paid premium contributions for a retiree-selected health plan through the
CalPERS Health Benefits Program will be made as provided under the Public Employees’
Medical and Hospital Care Act. Effective 1/1/07 the City’s monthly employer contribution
for each retiree and their eligible family members, as defined by the CalPERS Health
Benefits Program, shall be the amount necessary to pay for the cost of his or her
enrollment, in a health benefits plan up to the monthly premium for the 2nd most
expensive plan offered to the SEIU employee (among the existing array of plans).
However, the City contribution for an employee hired before January 1, 2005 who retires
on or after April 1, 2011 the City contribution for the retiree and their eligible family
members, as defined by the CalPERS Health Benefits Program, shall be the same
contribution amount it makes from time to time for active City employees.
The City provided active unit employees who were hired before January 1, 2005 with a
one-time opportunity to opt-in to retiree health benefits provided under California
Government Code section 22893. Eligible employees who wish to exercise this option
shall inform the People, Strategy, and Operations department of their election in writing
no later than 90 days following the ratification and adoption of this Agreement.
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c) PERS – Health Benefit Vesting For Future Retirees Effective January 1, 2005 or any
existing employee who opts into this vesting schedule.
The CalPERS vesting schedule set forth in Government Code section 22893 will apply to
all SEIU employees hired on or after January 1, 2005 or any existing employees who opt
into this vesting schedule. Under this law, an employee is eligible for 50% of the specified
employer health premium contribution after ten years of service credit, provided at least
five of those years were performed at the City of Palo Alto. After ten years of service
credit, each additional year of service credit will increase the employer contribution
percentage by 5% until, at 20 years’ service credit, the employee will be eligible upon
retirement for 100% of the specified employer contribution. However, the maximum
contribution for eligible family members, as defined by the CalPERS Health Benefits
Program, will be 90% of the specified employer contribution. The City of Palo Alto's health
premium contribution will be the minimum contribution set by CalPERS under section
22893 based on a weighted average of available health plan premiums.
d) Retiree Health Committee
During the term of this agreement the parties will maintain a Retiree Health Committee.
The Union shall appoint two (2) Union members (and one Union staff person) to serve on
this committee who shall receive reasonable release time to attend Retiree Health
Committee meetings. Changes to this section during the term of this Agreement will be
by mutual agreement only. The parties agree that Retiree Health Committee meetings
may be attended by representatives of other City labor groups.
e) Coverage for Domestic Partners.
. Employees
may add their domestic partner as a dependent to their elected health plan coverage
if the domestic partnership is registered with the Secretary of State.
.
Domestic 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 a stipend of two hundred and eighty four dollars ($284.00) per month
toward the cost of an individual health plan. Evidence of premium payment will be
required with request for reimbursement.
f) Alternative Medical Benefit Program.
If a regular employee and/or the employee’s dependent(s) are eligible for and elect
to receive medical insurance through any other non-City of Palo Alto employer-
sponsored or association-sponsored group medical plan, the employee may choose
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to waive his/her right to the City of Palo Alto’s medical plan insurance and receive
cash payments in the amount of two hundred eighty-four dollars ($284) for each
month City coverage is waived.
Examples of waivers eligible for this payment are:
• Employee waives all applicable City medical coverage; or
• Employee is eligible to enroll his or her spouse or domestic partner and waives
medical coverage for the spouse or domestic partner; or
• Employee has additional eligible dependents and waives family-level medical
coverage.
Participation must result in a health insurance cost savings to the City and payments
per employee shall not exceed a total of two hundred eighty four dollars ($284.00)
per month. To participate in the program the employee and dependents must be
eligible for coverage under PEMHCA medical plans, complete a waiver of medical
coverage form, and provide proof of eligible alternative medical coverage.
Payments will be made in the employee’s paycheck beginning the first month
following the employee’s completion of the waiver form. Payments are subject to
state and federal taxes and are not considered earnings under PERS law. Employees
are responsible for notifying the City of any change in status affecting eligibility for
this program (for example, life changes affecting dependent’s eligibility for medical
coverage through the employee) and will be responsible for repayment of amounts
paid by the City contrary to the terms of this program due to the employee’s failure
to notify the City of a change in status.
If the State of California or federal government requires the City to participate and
contribute toward coverage under any medical plan outside of PEMHCA including but
not limited to the Affordable Care Act, the City’s total liability for enrolled employees
and retirees and their eligible family members shall not exceed what the City would
have paid toward PEMHCA coverage in the absence of such state or federal plan. The
parties will meet and confer over the impact of such change on matters within the
scope of representation before implementing any change.
Section 2 - Dental Plan
a) The City shall continue to provide a self-funded dental program for the benefit of City
employees and their eligible dependents. The City shall pay 100% of the required
premiums for the program, except that benefits for regular part-time employees will
be prorated as follows: Employees hired after January 1, 2005, who will work less than
full time, will receive prorated premium costs for dental benefits in accordance with
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his/her percentage of a full-time work schedule. Part-time employees currently
receiving full benefits will not be impacted.
b) The City’s Dental Plan provides the following:
•Maximum Benefits per Calendar Year $2,000 per person.
c) Effective July 1, 2001, dental implants in conjunction with one or more missing natural
teeth, and removal of implants will be covered as a Major Dental Service at 50% usual,
customary and reasonable (UCR).
d) Effective 1/1/07 the City will add composite (tooth colored) fillings in dental plan
posterior teeth.
e) Effective 1/1/07 the City will pay up to $2000.00 for Orthodontia coverage.
Section 3 - Vision Care
The City shall continue to provide a self-funded vision care program for the benefit of City
employees and their dependents. The City shall pay 100% of the required premiums for
the program. The benefits of the vision care program shall continue to be equivalent to
$20 Deductible Plan A under the Vision Service Plan.
Vision benefits for regular part-time employees hired or assigned to a part-time schedule
will be prorated in accordance with his/her percentage of a full- time work schedule.
Section 4 - Life Insurance
The City agrees to continue the Basic and Supplemental life insurance plan as currently in
effect for the term of this Memorandum of Agreement.
Section 5 – Long Term Disability Insurance
Employees shall be enrolled in Option 1 (Default) for long term disability insurance and
may elect to enroll in Option 2 (Buy-up).
• Option 1 (Default): This benefit provides 60% of pre-disability earnings up to a
maximum benefit level of $4000 per month. Coverage is subject to payroll
deduction of the required insurance premium. Employees pay 50% of the required
insurance premium and the City will pay the remaining 50% of the required
insurance premium.
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• Option 2 (Buy-up): This benefit provides 66 and 2/3% of pre-disability earnings
up to a maximum benefit level of $7000 per month. Coverage is subject to a
payroll deduction of the insurance premium. The City will contribute an amount
equal to 50% of the premium for Option 1, employees will pay the remainder of
the required premiums.
Section 6 - Effective Date of Coverage for New Employees
For newly-hired regular employees, elected coverage will begin on the first day of the
month following date of hire.
Section 7 - Dual Coverage
When a City employee is married to another City employee each shall be covered only
once (as an individual or as a spouse of the other City employee, but not both) and
dependent children, if any, shall be covered by only one spouse.
Section 8 - Deferred Compensation
The City shall continue to make available a Section 457 Deferred Compensation Plan to
SEIU employees and will insure reasonable access to Deferred Compensation
representatives for all interested employees.
Section 9 - Dependent Care Assistance Program and Medical Flexible Spending Accounts
The City shall continue to provide a Dependent Care Assistance Program (DCAP) and
Medical Flexible Spending Accounts (FSA) for employees that comply with Section 125
of the Internal Revenue Code. Calendar year limits are set by the IRS. All matters
related to the FSA shall be excluded from the grievance requirements of this MOA (per
side letter agreed to in 2011).
a) Dependent Care Assistance Program: Can be used to pay for qualified day care (or
dependent care) expenses with pre-tax dollars.
b) Medical FSA: Provides reimbursement for excess medical/dental/vision, or expenses
that are incurred by employees and their dependents which are not covered or
reimbursed by any other source, including existing City-sponsored plans. The City will
deduct the annual administrative fee through a payroll deduction (currently $4 as of
2015) or if the employee has unused FSA dollars from the prior calendar year, the City
will apply those dollars to cover the administrative fee.
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ARTICLE 15 – RETIREMENT
Section 1 - PERS Continuation
a)Pension Group A: 2.7% @ 55. The City will continue the present benefits under the
Public Employees' Retirement System 2.7% at 55 for employees hired before July 17,
2010. The Parties acknowledge that employees under this formula hired before July
17, 2010 are subject to a final compensation calculation, for pension determination
purposes, based on their single highest year of compensation earnable as provided by
Government Code Section 20042.
b)Pension Group B: 2.0% @ 60 – (Single Highest Year). For employees hired on or after
July 17, 2010 and before January 1, 2013, and employees hired on or after January 1,
2013 who are not “new members” of CalPERS as defined in the Public Employees’
Pension Reform Act (often referred to as “Classic” CalPERS members), but before the
adoption of the modified 2% at 60 formula described below, whichever is later, the
City will continue to provide the 2% at 60 retirement formula (“2% at 60”). The Parties
acknowledge that employees under the existing 2% at 60 pension formula are subject
to a final compensation calculation, for pension determination purposes, based on
their single highest year of compensation earnable as provided by Government Code
section 20042.
c)Pension Group C: 2.0% @ 60 – (3 Highest Years). The City shall further amend its
contract with CalPERS to provide miscellaneous “Classic” CalPERS members hired on
or after August 1, 2013 with the CalPERS retirement formula two percent (2.0%) of
final compensation at age sixty (60) with a final compensation calculation, for pension
determination purposes, based on the employee’s three consecutive highest years of
compensation earnable, as provided by Government Code section 20037. The City
may delay the adoption or implementation of the foregoing amendment to the
extent it deems such delay necessary to accommodate legal and administrative
requirements. In such event, employees hired between and including August 1, 2013
and the day before the amendment’s implementation date will be placed in the 2% of
final compensation at age 60 formula with single highest year earnable compensation
as described above.
d)Pension Group D: 2% @ 62. Employees hired on or after January 1, 2013 meeting the
definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t.
Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but
not limited to the two percent at age 62 (2%@62) retirement formula with a three
year final compensation period.
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Section 2 - Employee Share
ARTICLE 16 - COMMUTE INCENTIVES AND PARKING
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.
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b.Carpool. The City will provide $30 per month (taxable income) to each
eligible employee in a carpool for 60% or more of their scheduled work days
per month with two or more people.
c.Bicycle. The City will provide $20 per month to eligible employees who ride a
bicycle to work. This payment is available through the CCD web site in the
form of a special Commuter Check (tax free) for bike equipment, gear or
repairs. This benefit cannot be combined with other commute benefits.
d.Walk. The City will provide $20 per month (taxable income) to eligible
employees who walk to work 60% or more of their scheduled work days.
e.Transit or vanpool users: Tax-free incentives up to the IRS limit (currently
$255/month) are available through the Commuter Check Direct (CCD) web site
for employees using Bay Area public transportation or riding in a registered
vanpool at least 60% of their scheduled work days.
f.Go Pass. The Go Pass program will offer civic center and other downtown-
based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in
all zones seven days per week.
g. The City and Union agree to meet in Labor Management Committee to
assess and improve the application of the telecommuting policy and option
for employees.
The deadline for registering with CCD and placing an online order is 8:59 p.m. on the
seventh (7th) day of each month, for the next month’s benefit. For example, employees
wishing to order a transit pass by June must place their online orders with CCD by May
7.
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 – Bicycle Lockers and Motorcycle Parking
The City will provide bicycle lockers and motorcycle parking areas for City employees at
mutually agreeable work locations.
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ARTICLE 17 - 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, they may consult with their own physician and, if their
private physician's report conflicts with that of the City physician in terms of ability to
work at their regular job, then they may request an evaluation of their 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 their work in their regular job without
exposing themselves to further injury as a result of their condition shall be the basis for
returning the employee to their regular work.
Section 1 - Health and Safety Provisions
The City shall furnish and use safety devices and safeguards and shall adopt use practices,
means, methods, operations and processes which are reasonably adequate to render
such employment and place of employment safe, in conformance with applicable safety
regulations under the State Labor and Administrative Code sections. The City shall not
require or permit any employee to go to or be in any employment or place of employment
which is not safe.
Section 2 - Union Cooperation
Union will cooperate with the City by encouraging all employees to perform their work in
a safe manner.
Section 3 - Safety Committees and Disputes
Safety committees composed of Management and Union stewards in the below listed
organizations will meet no less than six (6) times annually to discuss safety practices,
methods of reducing hazards, and to conduct safety training. This shall in no way remove
the basic responsibility of safety from Management nor shall it in any way alter the
responsibility of the employee to report unsafe conditions directly and immediately to his
or her supervisor.
Community Services
Public Works
Water-Gas-Wastewater Field Operations
Electric Field Operations
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Water Quality Control
ARTICLE 19 - GRIEVANCE and APPEAL PROCEDURE
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provisions not being subject to the grievance or appeal of disciplinary action
procedure.
b) Appeal of a disciplinary action means an appeal of any kind of disciplinary action
against an employee covered by this Memorandum of Agreement. Discipline is
defined as suspensions without pay, reductions in pay, demotion, or discharge.
Reprimands, transfers, reassignments, layoffs, and negative comments in
performance evaluations are not discipline.
Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure
a) An aggrieved employee may be represented by the Union or may represent
themselves in preparing and presenting a grievance or appeal of disciplinary action at
any level of review, except arbitration. Grievances may also be presented by a group
of employees. No grievance or appeal of disciplinary action settlement may be made
in violation of an existing merit rule or memorandum of agreement. The Union will be
notified prior to the implementation of any settlement made which affects the rights
or conditions of other employees represented by the Union. The Union and the
Steward will be copied on all written representation unit grievance or appeal of
disciplinary action decisions.
b) An employee and the representative steward, if any, may use a reasonable amount of
work time so long as there is no disruption of work, in conferring about and presenting
a grievance or appeal of disciplinary action. Requests for release time to prepare
grievance or appeal of disciplinary action shall be made in accordance with the
provisions of Article 4, Section 3.
c) Beginning with the third step of the grievance or appeal of disciplinary action
procedure, the Chief Steward or Alternate Chief Steward may assist in presenting a
grievance or appeal of disciplinary action and may be present at all Step 3 and 4
grievance or appeal of disciplinary action hearings.
d) The time limits specified in this Article may be extended by mutual agreement in
writing of the aggrieved employee or the Union and the reviewer concerned.
e) Should a decision not be rendered within a stipulated time limit, the grievant may
immediately appeal to the next step.
f) The grievance or appeal of disciplinary action may be considered settled if the decision
of any step is not appealed within the specified time limit.
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g) If appropriate, the aggrieved employee(s) or the Union and the department head may
mutually agree, in writing, to waive Step 1 and/or Step 2 of the grievance or appeal of
disciplinary action procedure.
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information for each Party, and describe the agreed-upon method(s) of
communication. All designated representatives shall be copied on any
communications. On all transmissions that are intended to conform to a time limit,
the sender shall retain proof that the transmission was sent within that limit (for
example, confirmation of electronic mail transmission or record of successful fax
transmission) in the sender’s file for production if a dispute arises over existence or
timing of the transmission. Either Party may designate new representatives or
terminate an alternate delivery agreement under this section by providing written
notice, which shall be effective immediately, to the other.
Section 4 - Grievance and Appeal Procedure
Step 1. Informal Discussion. Within fifteen (15) working days after the incident or
discovery of the incident on which the grievance or appeal of disciplinary action is based
the aggrieved employee shall present the grievance action to their immediate supervisor
and attempt to resolve the grievance through informal discussions. Every attempt will be
made to settle the issue at this level.
Step 2. If the grievance is not resolved through the informal discussion in Step 1 or the
employee wishes to appeal disciplinary action taken against them in the case of a
grievance, the employee will reduce the grievance or appeal of disciplinary action to
writing and submit copies to the Department head or their designee within fifteen (15)
working days of the discussion with the immediate supervisor or within fifteen (15)
working days from the receipt of a final disciplinary action. The Department Head or
designee shall have fifteen (15) working days from the receipt of a written grievance or
appeal of disciplinary action to review the matter and prepare a written statement.
Step 3. If the grievance or appeal of disciplinary action is not resolved and/or the
aggrieved employee is not satisfied with the Step 2 decision, the grievant or disciplined
employee may appeal to the Human Resource Director or their designee in writing within
fifteen (15) working days of the receipt of the Department Head's response. The written
appeal to the Human Resources level shall include a copy of the original grievance or
appeal of disciplinary action, the Department Head’s decision at Step 2, and a clear
statement of the reasons for appeal. Within fifteen (15) working days, after receiving the
written appeal, the Human Resource Director shall review the matter and prepare a
written statement. If a mutually agreed solution is reached during this process the
agreement shall be placed in writing and signed.
Step 4. If the grievance or appeal of disciplinary action is not resolved at Step 3, the Union
may appeal the grievance or disciplinary action. Appeals to final and binding arbitration
may be processed only with Union approval. All Step 4 appeals must be filed in writing at
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the Human Resources Department within fifteen (15) working days of receipt of the
Human Resource Director’s decision at Step 3.
ARTICLE 20 - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION
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Section 1 - Preliminary Notice of Discipline
Prior to imposing disciplinary action, a supervisor shall provide an employee with
preliminary written notice of the proposed disciplinary action. The notice of proposed
disciplinary action must be in writing and served on the employee in person or by
registered mail or Fed-Ex. The notice of disciplinary action shall include:
a) Statement of the violations upon which the disciplinary action is based;
b) Intended effective date of the action;
c) Statement of the cause thereof;
d) Statement in ordinary and concise language of the act or the omissions upon which
the causes are based;
e) Copies of any documents or other written materials upon which the disciplinary action
was fully or in part based.
f) Statement advising the employee of his/her right to appeal from such action, and the
right to union representation and a statement that in order to exercise your rights to
union representation the employee may contact their SEIU representative or their
steward.
g) The date and location of the Skelly meeting and the name of the Skelly Officer
Section 2 - Skelly Meeting
The employee shall have the right to respond informally to the charges either verbally or
in writing before the discipline is imposed. The employee shall have fifteen (15) working
days from receipt of the notice to request this pre-disciplinary administrative review. The
employee may request a reasonable extension of the time to respond for justifiable
reasons. The Skelly meeting to listen to the verbal responses shall be scheduled with a
City representative who is not the manager recommending the discipline (the “Skelly
Officer”). The Skelly Officer shall render a final written decision (the “post-Skelly
decision”) within fifteen (15) working days of receiving the employee’s response, if any,
and shall deliver the post-Skelly decision to the employee by personal delivery or
registered mail. The Skelly Officer may sustain, modify, or overturn the recommended
disciplinary action. If the Skelly Officer sustains or modifies the disciplinary action, the
action may be imposed after the post-Skelly decision is delivered to the employee.
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Section 3 – Appeal
ARTICLE 21 - NO ABROGATION OF RIGHTS
ARTICLE 22 - OUTSIDE EMPLOYMENT
ARTICLE 23 – WORK STOPPAGE AND LOCKOUTS
ARTICLE 24 - PROVISIONS OF THE LAW
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applied to employees assigned to the SEIU unit, this Memorandum of Agreement shall
prevail over any conflicting Merit Rules and Regulations.
ARTICLE 25 – PROFESSIONAL DEVELOPMENT
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d. Requests for reimbursement shall be submitted in accordance with the
procedures developed by the City. A request for reimbursement will not be
considered submitted until it includes the relevant receipts and proof that the
necessary grade or successful completion was earned.
e. Courses must be taken on the employee’s off duty hours, unless prior approval is
received from the employee’s supervisor.
Section 2 - Student Loan Reimbursement
Student Loan Reimbursement conditions:
a. Employees must have an active student loan in good standing.
b. Employees must successfully complete the secondary education with which the
student loan was incurred, and must provide proof of successful graduation or
completion.
c. Requests for reimbursement shall be submitted in accordance with the
procedures developed by the City. A request for reimbursement will not be
considered submitted until it includes proof of payment towards the employee’s
student loan within the eligible fiscal year.
Section 3 - Training Programs
a) Employees assigned by the City to attend meetings, workshops, or conventions of
their professional or technical associations shall have their dues and reasonable
expenses paid by departmental funds and shall be allowed to attend such
workshops, meetings, and conventions on paid City time.
b) The City will reimburse for travel, meals and lodging while away from home
attending an educational conference that the supervisor authorizes as being job
related or which will improve an employee’s skills. Per City Policy and Procedure
1-02, the Pre-Travel Authorization Form should indicate expenses that will be paid.
ARTICLE 26 - 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.
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ARTICLE 27 – TERM
This Memorandum of Agreement shall become effective upon ratification by both
parties hereto and remain in effect through December 31, 2027. The Parties agree that
they will commence negotiations over a successor to this Memorandum of Agreement
no later than one hundred eighty (180) days before its expiration. If, at the time this
Memorandum of Agreement would otherwise expire, the parties are continuing to
negotiate a successor Memorandum of Agreement, upon mutual agreement the terms
and conditions of this Memorandum will continue in effect.
Upon written request of the City, this MOA will reopen on the subject of Apprenticeship
Programs and the Parties will meet and confer over revisions to Appendix B and any
related sections.
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EXECUTED:
_______________________________ _______________________________
Teneya Johnson, Chief Negotiator Ed Shikada, City Manager
__
Peter Quiroz, Chapter Chair Molly Stump, City Attorney
__
Sara’ Temple Charles Sakai, Chief Negotiator
_____ __
Nathan McClure Sandra Blanch
__
David Sigua Ben Farnsworth
___
Scott Johnson Sandhya Uthup
Sara Temple
Lewis Paris
Ratu Serumalani
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Nathan McClure
Jose Vigil
Wesley Patnesky
Kevin Carley
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APPENDIX A
The salary rates of bargaining unit classifications will be as set forth in Appendix A of this
MOA
a) General Salary Increase: Effective the first full pay period following the later of
January 1, 2025 or the adoption of the MOA, the salary ranges of all represented
classifications will be increased by three percent (3%).
b) Market Adjustment: Effective the first full pay period following the adoption of
the MOA, the salary ranges of all represented classifications will be increased in
an amount sufficient to bring them to the top quartile (75th percentile) of the labor
market before application of the General Salary Increase as determined by the
City’s market study (PEPRA). However, no represented classification shall receive
a market adjustment of more than three percent (3%).
c) Effective the first full pay period following January 1, 2026, each represented
classification which was more than three percent (3%) below the top quartile (75th
percentile) of the City’s market study (PEPRA) will receive the remainder of the
market adjustment required to bring them to the 75th percentile.
For example, if classification A was 3.6% below the top quartile (75th percentile)
of the labor market before application of the 2025 General Salary Increase as
determined by the City’s market study (PEPRA), that classification would receive
a 3.0% market adjustment in 2025 and a 0.6% market adjustment in 2026.
d) One-time Lump Sum: The City will pay each represented employee a one-time
discretionary cash payment of $300 in the first pay period following City Council
adoption of this MOA (prorated for part time employees). Parties understand this
to be non-pensionable compensation and excludable from regular rate of pay.
e) General Salary Increase: Effective the first full pay period following the later of
January 1, 2026 or the adoption of the MOA, salary ranges of all represented
classifications will be increased by two and one half percent (2.5%).
f) General Salary Increase: Effective the first full pay period following the later of
January 1, 2027 or the adoption of the MOA, salary ranges of all represented
classifications will be increased by three percent (3%).
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Recruitment and Retention
•Monday through Friday two (2) hours at their straight time regular rate of pay
•Saturday, Sunday, Holidays three (3) hours at their straight time regular rate
of pay
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APPENDIX B. APPRENTICESHIPS
Note: Employees hired into a Lineperson Apprenticeship position on or before April 11,
2016 will continue to progress through the Apprenticeship steps and into the Lineperson
journey rate at the same intervals as existed before April 11, 2016 in the Apprenticeship
Program.
Substation Electrician, Street Light /Traffic Signal / Fiber Technician, Lineperson/Cable
Splicer APPRENTICE:
Upon completion, may lead to Journey level position. The Utilities Department has
formalized the Apprenticeship programs in the Electric Section to develop journey level
electricians/technicians and lineperson/cable splicers.
The following are basic concepts/principles to be incorporated:
1. The administration and operation of the Apprenticeship programs will be managed by
the Apprenticeship Committee, which will be selected by the Manager of Electric
Operations and comprised of two (2) bargaining unit members designated by Local 521
and two (2) Utility Supervisors and the Manager of Electric Operations. The Manager of
Electric Operations will maintain oversight of the program. The Apprenticeship Program
will be subject to review and approval by the State of California Department of Industrial
Relations Division of Apprenticeship Standards.
2. The journey level position will not be a promotional opportunity for anyone other than
the apprentice under filling the position, as long as that apprentice is successfully
progressing through the program.
3. Employees within 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 eight thousand (8000) work hours (48 months) to
complete for Lineperson Cable Splicer and six thousand (6000) work hours (36 months)
for Substation Electrician, Street Light /Traffic Signal / Fiber Technician positions.
6. Normal progress through the program will be in periodic increments with formal
evaluations.
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7. The salary steps for the Substation Electrician, Street Light /Traffic Signal / Fiber
Technician and Lineperson Cable Splicer apprenticeships are outlined in the State of
California Department of Industrial Relations Division of Apprenticeship Standards.
Month Step
Step
Intervals
Month Step
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Upon successful completion of the Apprenticeship, the employee will be reclassified /
progressed to Substation Electrician or Street Light /Traffic Signal / Fiber Technician
Journey Level and paid at the fifth step (step 5) of the journeyman rate.
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APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION
Section 1. Exceptions to Standard Workday or Work Week for SEIU Representation Unit:
Library Department
Coordinator, Library Programs
Librarian
Senior Librarian
Library Specialist
Library Associate
In a given workweek, staff may work three eight-hour days, one seven-hour day, and one
nine-hour day. On a voluntary basis, staff may work five non-consecutive days within
seven.
Section 2. Rules Governing Flexible Work Hours
These rules and procedures are established pursuant to Article VI, Section 8, and are an
application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the
classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences Programs;
Program Assistant; Theater Specialist, in the Recreation and Arts & Sciences Divisions of
the Community Services Department, and the classifications of Associate Planner,
Building Planning Technician, CDBG Coordinator, Engineer, , Planner, and Senior Planner
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 are typically Monday through Friday, between the
hours of 8:00 a.m. and 6:00 p.m. as determined by the Department. 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.
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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 Sciences, 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
Utility Systems 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 Utility Systems Operators’ shift schedule will reach the
equivalent of 40 hours per week in five weeks. The 12-hour shifts begin at 7:00 a.m. and
7:00 p.m. The Relief shift shall begin at 7:00 a.m. and end at 3:00 p.m. with lunch taken
while working. The shift schedule shall be rotating schedule. The Water Quality Control
Plant Operators’ shift schedule will reach the equivalent of 40 hours per week in two
weeks. There will be four 12-hour shifts that begin at 6:00 a.m. and 6:00 p.m. The fifth
shift will be a 4/10 shift that begins at 6 a.m. on three days, and at noon on the fourth
day.
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Pay Period
Pay periods and workweek for the System Operations will begin Sunday at 7:01 a.m. Pay
periods and workweek for the Water Quality Control Plan Operators will begin Saturday
at 6:01 a.m.
Wages
Wages will be based on the City of Palo Alto Compensation Plan, which may vary from
time to time as mutually agreed upon.
Overtime
Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12 in any
workday, 56 in any work week, or 2080 in 52 weeks, as the case may be.
Overtime will also be paid for hours worked when an employee is called in to work other
than their regularly-scheduled shift. The overtime rate of pay will be one and one-half
times (or current contract overtime rate, if different) of the employee's regular rate of
pay. All overtime worked will be paid to the employee. No compensatory time off for
overtime will be allowed with the exception of Water Quality Control Operations.
Relief Employees
This provision only applies to the Utility Systems Operators. The five Operators share the
relief week evenly as they rotate through the five week cycle. Relief employee(s) will be
used within the 12-hours shift schedule only when relieving for the System Operators on
shift. When not relieving, they will work four eight-hour shifts.
When a vacation relief week results in a 36-hour or 48-hour week, the operator working
said week shall be paid at one and one-half (1½) time their normal rate of pay for hours
that exceed thirty two (32) hours.
Relief Duties
This provision only applies to the Utility Systems Operators. An employee who is
scheduled to perform relief duties shall be available for duty in revolving shifts on any day
of the week and may be assigned for relief in any shift without advance notice. Relief
employees will be paid standby pay during their relief week.
Standby
This provision only applies to the Utility Systems Operators. An employee who is on relief
duties is covering standby, and will be compensated according to Article VIII, Section 7 (a)
of the Memorandum of Agreement. 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.
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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
Shift Changes
Maximum Hours Worked
Rest Period
Holidays
Sick Leave
Floating Days Off
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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.
Shift employees shall be permitted to eat their meals during work hours and shall not be
allowed additional time, therefore at City expense.
Shift premium will be handled in accordance with the current Memorandum of
Agreement between the City and the Union, Article VIII, Section 8.
Time off for jury duty which occurs on a regularly scheduled workday will result in the
employee being credited with up to 12 hours worked, for pay purposes. Employees called
for jury duty who are working the evening portion of the 12-hour schedule will be placed,
for payroll and scheduling purposes, on the day shift for each scheduled day such
employee is required to report for jury duty, and will not be required to work the evening
12-hour shift before or after being 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.
1. For employees in the following operations assigned to work schedules other than
Monday through Friday, the calendar day will be considered the holiday for premium
pay of in-lieu scheduling purposes:
Communications
Water Quality Control
Animal Control
Golf Course
Utilities Services
Landfill
Open Space
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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.
APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS
1. Promotional opportunities within the Communications Division will be carried out in
compliance with procedures set forth in Article VI, Section 5, of the Memorandum of
Agreement between the City and SEIU Local 521, except that:
a. In sub-paragraph (e) of Article VI, Section 5, the term "seniority" shall be defined
as Division Seniority.
•Division Seniority, for the purposes of shift scheduling, vacation scheduling and
promotional opportunities will be calculated from an employee’s first day of
employment in the division. Any unpaid leave that is not protected under FMLA
or CFRA will not count as service days towards seniority, unpaid furlough, and
unpaid closure time. Other areas of seniority not mentioned in this article will
follow Article 6, Section 5, e “Seniority” of the Memorandum of Agreement
between SEIU 521 and the City of Palo Alto.
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APPENDIX F. RECOVERY OF CITY TRAINING COSTS
In recognition of the extended training provided to affected employees, the Parties agree
that the City may recover up to thirty percent (30%) of its cost for training employees,
hired on or after July 1, 2012, in all Utilities Apprentice classifications and in the Park
Ranger Apprentice classifications if the employee voluntarily terminates from the City or
abandons his or her City employment before completing three years of City service in the
Journeyman classification or Park Ranger classification. The amount recovered shall
reasonably reflect the City’s cost for the training, but will exclude all wage or benefit costs,
and will be prorated to reflect the portion of the thirty-six (36) month post-training service
period remaining at the time of the employee’s termination.
As of July 1, 2015 thirty percent (30%) of the City’s average cost for training employees
in:
•Lineperson/Cable Splicer Apprenticeship Program is $5600.00
•For the Field Service Representative, the City’s two year training cost is $ 6,000
•For Substation Electrician Apprenticeship Program is $4800.00
•For Street Lighting / Traffic Signals / fiber Apprentice program is: $1800.00
•For Park Ranger, the City’s two-year training cost is:$6,300
The employee will be required to sign an agreement providing for reimbursement to the
City as provided above on the form attached hereto as Appendix H.
This Agreement is entered into between ___________ (“Employee”) and the City of Palo
Alto (the “City”), as authorized by the Memorandum of Agreement between the City
and SEIU Local 521.
RECITALS
A. The purpose of this Agreement is to limit the City’s risk that it will invest
substantial sums in the Employee’s training but potentially lose the value of that
training if the employee terminates without rendering substantial journey level
service to the City after training.
B. The City may require reimbursement from Employee of thirty percent (30%) of the
total training cost for _______position, subject to abatement when specified
service requirements are met.
C. On or about (date) City extended to Employee a conditional offer of
employment in the position of _________(position), subject to Employee’s
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agreement to complete the training necessary to perform the duties of _______
(position), under the terms of the training program. The ______(position)
requires [description of training], which as of July 1, 2015 cost the City
approximately $ over the course of the training.
D. This agreement sets forth the Employee’s agreement to reimburse the City for the
City’s investment in the Employee’s training if the employee voluntarily
terminates from the City prior to the completion of thirty-six months of service
following successful completion of the training.
THEREFORE, the Parties agree to the terms set forth below:
By signing this agreement, the Employee understands that s/he is bound by agrees to the
following terms:
1. ____________________________________ (hereafter “Employee”) agrees that
in training Employee for the position of
_________________________________________, the City of Palo Alto
(hereafter “City”) incurs a total cost of $___________.
2. Employee agrees that amounts recoverable under this agreement do not include
Employee wage or benefit costs.
3. Employee agrees that in the event he/she voluntarily terminates or abandons his
or her employment from the City prior to the completion of thirty-six (36) months
of service following the successful completion of his or her apprenticeship,
he/she will repay the City for the cost of training noted above, prorated to reflect
the months of service the Employee has completed following successful
completion of their training. Employee agrees that for the purpose of this
agreement, “time of service” shall begin on the date following the successful
completion of the Employee’s training.
4. Employee agrees that the aggregate amount of repayment due will be determined
based upon the attached proration table.
5.Employee agrees that repayment shall be due and made in equal monthly
installments over the twelve (12) months immediately following termination, on
the first of each such month.
6. If Employee does not fully reimburse the City for the amounts due when due, the
entire aggregate amount owed will become immediately due, the employee will
be deemed in default on this agreement and the City may initiate legal
City of Palo Alto and SEIU Local 521
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proceedings to collect said amounts. Employee will be responsible for all
reasonable collection costs and attorney fees incurred by the City in undertaking
such proceedings. The City may elect to forbear taking such action to allow
Employee the opportunity to become current on the debt. Such forbearance will
not alter the Employee’s default status or adversely affecting the City’s right to
later initiate proceedings for recovery pursuant to this Agreement.
7. This agreement shall be effective on the date listed below.
DATED: ___________________ ______________________________________
Employee
______________________________________
Title, City of Palo Alto