Berkeley City Council
December 3, 2024

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 81 perform the new assignments:

40.10.2.3 to any position held by a temporary employee if the pregnant employee is qualified.

4 0 . 1 0 . 3 Visual Screening and Education: The City will develop a visual screening and education program effective July 1, 1988 for employees who in the course of their employment operate VDT terminals more than half the time.

This program will include visual screening at or near employment, a referral system for employees with possible VDT related vision problems, and a regular follow-up screening at approximately two years.

4 0 . 1 0 . 4 Corrective Glasses and VDT Equipment: The City shall provide corrective glasses medically certified as required for the job to VDT operators. Within twelve (12) months of the implementation of this agreement the City will complete a survey of all departments to determine the need for ergonomic VDT equipment. Upon completion of the survey the Union and City will establish a schedule to meet the identified needs over three (3) fiscal years.

The City will deal with purchases related to VDT equipment according to NIOSH or other standards as agreed if funds are available.

40.11 YMCA Group Membership
The City shall offer employees a low or no-cost group membership in the Berkeley Central YMCA. As of July 1, 1999 the City will pay 75% of the membership fee. If the monthly fee is increased to more than $60 the employee share will be capped at $30 per month; the City will pay the balance. The amount the City contributes toward the employee’s monthly membership fee is subject to federal and state income tax withholding.

Use of a YMCA membership by a City of Berkeley employee, as provided for in this Agreement, is non-compensable, is not a part of the employee's work-related duties, is not required for employment and is not condoned as part of a physical fitness program, or required to maintain top physical conditioning for the employee's job performance.

The City of Berkeley or its Claims Administrator may not be liable for any injury which arises out of a City of Berkeley employee's participation in and use of a YMCA membership.

40.12 Internships
A career advancement internship program shall be established by the City. Two (2) internships of six (6) months each shall be implemented for each year of this agreement. Career advancement internship guidelines shall be developed by the City in consultation with the Union.

40.13 License and Registration Renewal
The City shall pay the full cost of professional license, registration or ICC certification renewals for all employees whose classification requires a professional license, registration or ICC certification.

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 82 40.14 Personnel Files

4 0 . 1 4 . 1 Maintenance: All official records of the employee's personnel history are maintained in the Human Resources Department (in the Library the files are maintained in Library Administration), including applications for appointment, performance appraisal forms, employee transaction forms, formal disciplinary actions and other documents pertinent to the employee's official personnel history.

4 0 . 1 4 . 2 Inspection: Employees have the right to inspect their personnel file which is maintained in the Human Resources Department during normal business hours, by appointment, as provided by law. No material of any kind, except documents submitted by the employee shall be placed in an employee's official personnel file after the date of employment without a copy being given to the employee. The employee may provide a concise written response to any material which is maintained in the personnel file. 4 0 . 1 4 . 3 Records of Grievances: Records of grievances filed by an employee which do not relate to any disciplinary action taken against that employee shall not be maintained in the individual's personnel file.

4 0 . 1 4 . 4 Disciplinary Actions: Except as otherwise required by applicable law, any material related to disciplinary action which is subsequently overturned or rescinded shall be removed from the employee's personnel file. 4 0 . 1 4 . 5 Reprimands and Counseling Letters: Formal letters of reprimand or formal counseling shall be removed from an employee's personnel file upon request after 24 months provided the employee has maintained satisfactory performance. Counseling memos shall not be placed in employee’s personnel files.

40.15 Commuter Check Subsidy Benefits
Upon request, the City shall provide a Commuter Check subsidy valued at eighty dollars ($80.00) per month to an employee for transit, biking or van pool.

Commuter check subsidies are only intended for use by the employee while employed with the City of Berkeley and may expire due to inactivity. The City shall also provide employees the opportunity to set aside income on a pre-tax basis for a qualified transportation benefit through payroll deduction up to the maximum allowed by the Federal tax code.

40.16 Protective Clothing and Shoes
4 0 . 1 6 . 1 Rain Gear - The City will provide rain gear upon request of the employee in the classifications named below who are mandated to work in inclement conditions.

Job Code Classification Title
24060 Assistant Environmental Health Specialist
37060 Building Inspector I (Certified)
37050 Building Inspector II
33090 Code Enforcement Officer I

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 83 33100 Code Enforcement Officer II
28830 Environmental Compliance Specialist
91050 Field Representative assigned to the Solid Waste Division in Public Works
35070 Fire Prevention Inspector
24590 Hazardous Materials Specialist I
24560 Hazardous Materials Specialist II
33080 Housing Inspector
63200 Mini Bus Driver
24050 Registered Environmental Health Specialist
32030 Senior Building Inspector
24690 Senior Environmental Health Specialist
34030 Senior Vector Control Technician
34040 Vector Control Technician
24810 Social Services Specialist
24780 Behavioral Health Clinician I
24790 Behavioral Health Clinician II
65742 Recreation Activity Leader R‐2
65740 Recreation Activity Leader

Effective the first full pay period after ratification, the 65532 Sports Field Monitor classification shall be added to the list of classifications receiving rain gear.

4 0 . 1 6 . 2 Shoes - An annual allowance of two hundred dollars ($200) shall be paid to employees in the classifications named below toward the purchase of safety shoes. The annual shoe allowance is subject to federal and state income tax withholding. Effective the first full pay period after ratification, the annual allowance shall increase to three hundred dollars ($300).

Job Code Classification Title
24060 Assistant Environmental Health Specialist
37060 Building Inspector I (Certified)
37050 Building Inspector II
33090 Code Enforcement Officer I
33100 Code Enforcement Officer II
28830 Environmental Compliance Specialist
91050 Field Representative assigned to the Solid Waste Division in Public Works
35070 Fire Prevention Inspector
24590 Hazardous Materials Specialist I
24560 Hazardous Materials Specialist II
33080 Housing Inspector

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 84 Job Code Classification Title
33060 Housing Inspector (Certified)
24050 Registered Environmental Health Specialist
32030 Senior Building Inspector
24690 Senior Environmental Health Specialist
34030 Senior Vector Control Technician
34040 Vector Control Technician
24810 Social Services Specialist (for those employees regularly assigned to provide in‐person services at encampment
sites)
24780 Behavioral Health Clinician I (for those employees regularly assigned to provide in‐person services at encampment
sites)
24790 Behavioral Health Clinician II (for those employees regularly assigned to provide in‐person services at
encampment sites)

4 0 . 1 6 . 3 Uniforms – Effective June 29, 2008, employees in the classifications of Fire Prevention Inspector and Fire and Life Safety Plans Examiner shall receive a uniform allowance of $1,000 per year. Payment of such annual uniform allowances noted above shall be paid in twenty-six (26) equal biweekly installments, in accordance with California Government Code Section 20636. The amount the City contributes toward the uniform allowance is subject to federal and state income tax withholding.

4 0 . 1 6 . 4 Protective Clothing for Library Circulation Employees – the Library will provide knee pads and rain gear upon request of any Library Circulations employee.

40.17 Crimes against Employees
The Police Department will promptly respond to any calls regarding criminal acts committed against a City employee while engaged in their employment. Reports of assault or other acts of criminal misconduct committed against a City employee will be promptly investigated. The results of the investigation will be submitted to the District Attorney for disposition.

40.18 Legal Representation
The City will provide legal representation to the extent required by law.

40.19 Traumatic Leave
Effective ninety (90) days following ratification of this Agreement, unit members who, during their scheduled workday in the course and scope of their employment, become personally involved in or personally observe a traumatic event as defined in this section may be placed on Traumatic Event Leave by their departmental Director for the balance of that workday up to eight (8) hours. The unit member will be in paid status during the pendency of this leave, and any leave granted pursuant to this section shall not be charged against any other paid leave accrued by the employee.

For purposes of this section, “traumatic event” can be any of the following:

 Witnessing a shooting, stabbing, or physical or sexual assault;

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 85  Being a victim of a shooting, stabbing, or physical or sexual assault;  Sudden and catastrophic building damage displacing the unit member from their work location for at least the balance of the day;  Life-threatening fire that necessitates evacuation and results in displacement of the unit member from their work location for at least the balance of the day;  Death of a City employee within the unit member’s immediate work group (defined as the smallest applicable divisional section consisting of 10 or fewer employees);
 Death of a client – applicable only to providers of mental health services within the Housing, Health & Community Services department.

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 86 ARTICLE 7 – RECREATION ACTIVITY LEADERS AND SPORTS

OFFICIALS
SECTION 41: RECREATION ACTIVITY LEADERS AND SPORTS OFFICIALS

The parties recognize and acknowledge that Representation Unit R-2 employees are temporary, non-benefited, non-career employees without properties rights or an expectation of continued employment.

41.1 Final Conversion of Last Two (2) Full-Time Recreation Activity Leaders Effective the first quarter of the fiscal year 2017, the following shall occur:

1. City will offer two (2) full-time positions in the classification of Recreation Activity Leader (R-1) in order of seniority and paid status;

2. If employee declines full-time position offered, the City is no longer obligated to offer that R-1 employee full-time employment;

3. If two (2) full-time positions are filled, any of the remaining four (4) who were not offered the full-time position shall be grandfathered into their position (hours and benefits).

41.2 Scheduling for Representation Unit R-1 Employees
4 1 . 2 . 1 Rolling Quarterly Schedule: The City shall post a quarterly schedule of recreation services and programs for Unit R-1 employees. The schedule shall include work hours and job assignments for R-1 employees only. Copies of all schedules shall be provided to the Union President when they are posted.

4 1 . 2 . 2 Each seven (7) day workweek shall have 2 consecutive days off.

4 1 . 2 . 3 Hours in a work day will not be split into two or more segments that are separated by more than an unpaid lunch hour unless such split is the result of Union release time or department mandated training that cannot be scheduled without resulting in a split shift. The City will make reasonable effort to limit split shifts for training purposes to no more than one (1) time per month.

4 1 . 2 . 4 The aforementioned limitations on R-1 Work Scheduling may be waived by mutual agreement between the employee and the supervisor. 4 1 . 2 . 5 The City will adjust the benefit pro-ration for employees in Representation Unit R-1 based on the Rolling Quarterly Work Schedule of assigned hours and on the known and anticipated adjustment of hours during the quarter if less than full-time equivalent.

4 1 . 2 . 6 Representation Unit R-2 Work Schedule
4 1 . 2 . 6 . 1 The work schedule for Representation Unit R-2 employee will not be split into two or more segments that are separated by more than an unpaid

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 87 lunch hour unless such split is the result of Union release time or department mandated training that cannot be scheduled without resulting in a split shift. This limitation may be waived by mutual agreement between the employee and the supervisor.

4 1 . 2 . 6 . 2 Representation Unit R-2 employees are hourly, intermittent employees who can accept or reject hours.
4 1 . 2 . 6 . 3 The City agrees to provide each R-2 employee the opportunity to participate in a thirty (30) minute Union Orientation as part of the department’s new hire summer training program. The Orientation date shall commence as designated by the department.

41.3 Changes in the Work Schedule

4 1 . 3 . 1 When the City compiles and establishes the Rolling Quarterly Work Schedule, the City will assign Representation Unit R-2 employees so that a Representation Unit R-1 employee’s core work schedule does not change during the succeeding three months. Any changes in the posted schedule for an R-1 employee must be made at least 15 days in advance. Changes in an employee’s posted schedule must meet one of the following criteria:

4 1 . 3 . 1 . 1 A program is cancelled.
4 1 . 3 . 1 . 2 The number of attendees at the program/event is less than originally planned and requires less staff then originally scheduled.

4 1 . 3 . 1 . 3 A special event is scheduled after the Rolling Quarterly Work Schedule is posted and the City changes the schedule of an employee to cover the event. However, the change in the work schedule will not be made:
1) if the hours that the Representation Unit R-1 was originally scheduled to work are assigned to another employee, or 2) a less senior Representation Unit R-1 employee, a Representation Unit R-2 employee or a Sports Official is scheduled to cover the same hours in the same work site where the employee was originally scheduled to work.

41.4 Additional Hours
Additional hours are work hours which the City determines are needed due to added programs/events after the quarterly schedule has been posted or the absence of an employee which is known at least five (5) working days in advance of the employee absence. Additional hours will first be offered to R-1 employees based on seniority provided that the employee is qualified to perform the work. In the event the work which is available involves a single program which occurs over a number of days, the employee who receives the additional hours must be available to work all the hours. If no R-1 employee is scheduled for the additional hours, the hours will be offered to R-2 employees. A qualified R-1 employee will be offered additional hours based on seniority; this does not imply that seniority gives an employee the right to choose between two different programs offered as additional hours at the same time. An R-1 cannot be scheduled for additional hours that would require a modification to the employee’s core schedule.

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 88 41.5 Reduction/Elimination of Representation Unit R-2 Hours When a Representation Unit R-2 employee’s hours are reduced or eliminated for any reason, the employee and a Union Representative (steward, Chapter Officer or Union staff member) shall have the right to a meeting, upon their request, as soon as practical, with the Division Chief responsible for approving the actions of the supervisor who reduced/eliminated the hours.

41.6 Representation Unit R-2 Additional Compensation
Effective June 29, 2008, Representation Unit R-2 employees shall be paid the equivalent of twenty (20) hours pay at the employee’s regular hourly rate for each five hundred twenty (520) hours worked.

SECTION 42:

R-1 AVAILABILITY TO WORK SCHEDULED HOURS

If a designated career part-time employee in Unit R-1 is consistently not available for regularly scheduled assigned hours, said employee may agree to a demotion into R-2, may resign and/or may be disciplined and thereby may be replaced with the most senior qualified employee who can accept those hours. This provision shall not apply if an employee is on an authorized leave (i.e., sick leave, workers' compensation, vacation, etc.).

SECTION 43:

ATTENDANCE AT MEETINGS

43.1 Staff Meetings
The Union may appoint one (1) employee in each Center who shall be allowed to attend, with pay, quarterly full-time staff meetings held with the Recreation and Youth Services Manager, and such other staff meetings to which the appointed employees may be invited by the Recreation and Youth Services Manager.

Quarterly meetings will be announced in writing. The Recreation and Youth Services Manager will be notified in writing by the Union of the names of employees who are appointed pursuant to this provision.

43.2 Center Budget Planning
The Union may appoint one (1) employee from each Center who shall be allowed to participate in Center budget planning recommendations to be transmitted to the City Manager's Office.

SECTION 44: WEATHER CONDITIONS

44.1 Notification when Conditions Known
When weather conditions are such that prior to the start of scheduled outdoor activities it is known that these activities will be canceled, the employee shall telephone the Center Supervisor to ascertain the need for the employees services in productive alternative work.

44.2 Notification when Conditions are Unknown
When weather conditions develop after the start of scheduled outdoor activities which necessitate their discontinuation, the employee shall make an immediate assessment of the availability of alternate indoor space at the location involved and

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 89 consider the productive uses to which such space can be devoted. In the event both space availability and program warrant, the employee shall then contact the Center Supervisor by telephone, specifying the proposal for the continuation of work.

44.3 Management Discretion
Under either situation set forth above, the decision to proceed with the work of the employee shall be at the discretion of the Center Supervisor, which shall be reasonably exercised.

44.4 Cancellation of Shift After Reporting to Work for R-2 Employees Only If management determines that due to weather, a natural disaster, or local emergency the program is to be canceled, and the Department does not have an alternate work assignment for the employee, and the Department does not notify the employee of the shift cancellation by no later than 9:30 p.m. of the evening before the employee is scheduled to report to the worksite, the employee shall be paid for their full shift for that day. If the cancellation lasts for more than one shift, the employee will be paid for the first shift that was canceled only.

SECTION 45: SUMMER WORK SCHEDULE

During the summer season (June 15 - August 15) the following shall apply in the operation of the City's summer recreation programs:

45.1 Offer of Jobs/Hours
New, additional or vacant recreation jobs or hours shall be offered to career, benefited Recreation Activity Leaders (RALs) and Sports Officials (SOs) who meet specific written qualifications and who may accept such work, so as to allow each career RAL and SO that so chooses to work up to 40 hours per week.

SECTION 46: OVERNIGHT EXCURSIONS
Recreation workers who participate in overnight excursion will flex their schedule, if possible, to maintain a 40-hour workweek. If they are unable to flex, they will be paid overtime or compensatory time consistent with state law.

SECTION 47: LABOR/MANAGEMENT COMMITTEE
The City and the Union agree to create a joint Labor/Management Committee consisting of four (4) union and four (4) City representatives to discuss PTRLA to keep lines of communication open and to discuss the issues set forth in Section 40 (Recreation Activity Leaders and Sports Officials). The joint labor management committee will meet on a monthly basis or less frequently if mutually agreed by the parties.

SECTION 48: INTERNET ACCESS FOR R-2
Effective as soon as administratively possible, upon request by an employee the City will provide access to the City’s email system. Note: R-1 already have internet access.

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 90 SECTION 49: ACCESS TO CITYWIDE TRAINING

R-2 employees may sign up for Citywide trainings based upon supervisor approval and operational needs. No elective trainings will be approved between May 15 – August 15 of each year. Note: R-1 already have access to training.

SECTION 50: ACCESS TO INTERVIEWS WITHIN DEPARTMENT

Consistent with the City’s Personnel recruitment and examination requirements, R-1 and R-2 employees shall have the option to interview for vacancies within the Department, if they meet the minimum qualifications.

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 91 ARTICLE 8 - RETIREMENT SYSTEMS

SECTION 51: PUBLIC EMPLOYEES' RETIREMENT SYSTEM

51.1 Participation
The City shall continue participation under the Miscellaneous Employees Plan of the Public Employees' Retirement System.

51.2 “Classic Employees” Definition
Classic Employees are defined as current employees and future employees who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA).

51.3 “New Members” Definition
New Members are as defined in the Public Employees’ Pension Reform Act of 2013 (PEPRA), Government Code Section 7522.04(f).

51.4 CalPERS Retirement Formula for Members as Defined Under the Public Employees’ Pension Reform Act of 2013 (PEPRA)
“New Members” as defined by PEPRA who are hired by the City on or after January 1, 2013 shall be entitled to the retirement formula set forth in PEPRA.

51.5 CalPERS Retirement Formula and Employer Paid Member Contribution for Classic Employees, i.e., current employees and future employees who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA)
Effective January 5, 2003, the City agrees to provide the 2.7% at age 55-retirement formula benefit improvement, and the City’s contribution to CalPERS on behalf of the employee will increase from 7% to 8%. Effective July 3, 1994, contributions made pursuant to this section shall be reported to PERS as "special compensation" as provided in Government Code Section 20636(c)(4) pursuant to Section 20691.

Said contributions shall not apply in the case of temporary or provisional employees.

The aforesaid contribution shall not be considered as a part of an employee's salary for the purpose of computing straight time earnings, compensation for overtime worked, or education incentive pay; nor shall such contribution be taken into account in determining the level of any other benefit which is a function of or percentage of salary. The City reserves the right to take said contribution into account for the purpose of salary comparisons with other employees.

The City will not treat these contributions as compensation subject to income tax withholding unless the Internal Revenue Service or Franchise Tax Board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any federal, state or local tax liability

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 92 of the employee that may arise out of the implementation of this section or any penalty that may be imposed therefore.

51.6 New Members Payment of Normal Cost
New Members as defined by PEPRA who are hired by the City on or after January 1, 2013 will be required to pay 50% of the normal cost, as provided by CalPERS. New Members shall receive any other additional optional CalPERS benefits that the City provides to Classic Employees as allowed by PEPRA.

51.7 Hourly Rated Employees In Lieu of CalPERS
The Salary Resolution shall provide that hourly-rated employees working in represented classes will receive an additional 7% in-lieu of CalPERS.

51.8 Optional Benefits
The City’s contract with CalPERS includes the following optional benefits:

5 1 . 8 . 1 Classic Employees - One-Year Final Compensation : Classic Employees, as defined in Section 47.2, shall be eligible to receive retirement allowance based on One-Year Final Compensation as provided in Section 20042 (July 9, 1978).

5 1 . 8 . 2 New Members – Three Years Final Compensation: Provided further that New Members as defined by PEPRA hired on or after January 1, 2013 shall be eligible to receive retirement allowance based on three (3) highest consecutive years of compensation under the plan as provided in the California Public Employee Pension Reform Act of 2013, or as subsequently amended

5 1 . 8 . 3 Post Retirement Survivor Allowance as provided in Sections 21624, 21626 and 21628 (December 16, 1973).

5 1 . 8 . 4 Post Retirement Survivor Allowance to Continue after Remarriage as provided in Section 21635 (July 18, 1986).
5 1 . 8 . 5 Credit for Unused Sick Leave as provided in Section 20965 (June 26, 1988).

5 1 . 8 . 6 1959 Survivor Benefits to Surviving Spouse at Age 60 as provided in Section 21580 (December 16, 1973).

5 1 . 8 . 7 Third Level of 1959 Survivor Benefits as provided in Section 21573 (November 28, 1996).

5 1 . 8 . 8 2% @ 55 for Local Miscellaneous Members as provided in Section 21354 (June 30, 1992).
5 1 . 8 . 9 Military Service as Public Service as provided in Section 21024 (April 9, 1999)

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 93 5 1 . 8 . 1 0 Public Service Credit for Peace Corps or AmeriCorps/VISTA Service as provided in Section 21023.5 (April 14, 2000).

51.9 Classic Employees’ Pension Contribution

5 1 . 9 . 1 Effective January 1, 2017, employees will contribute eight percent (8.0%) towards the City’s CalPERS employer share of pension through a 20516 CalPERS amendment that allows such contributions via automatic payroll deduction on a pre-tax basis, in exchange for the City granting the salary increase set forth in Section 9.1.6 of this Memorandum Agreement. Such employee deductions by the City shall be used towards the City’s CalPERS required contributions.
5 1 . 9 . 2 If legislation is enacted requiring employees under the CalPERS retirement system to pay all of the employee’s share of retirement, thus eliminating the EPMC, the parties agree as soon as possible to convert the employee’s contribution to the employer’s share under this 20516 CalPERS contract amendment to the employee’s share towards retirement and the City will continue to pay the wage increase as described in Section 9.1.6 (maximum of 5.58%) associated with this cost neutral provision.

51.10 New Members’ Pension Contribution

5 1 . 1 0 . 1 New members hired on or after January 1, 2013 shall pay 50% of the normal share of costs required by PEPRA.

No change to Classic members’ contributions during the contract term.

SECTION 52: PUBLIC AGENCY RETIREMENT SYSTEM

52.1 PARS
Employees who are otherwise not covered by the provisions of Section 47 (Public Employees’ Retirement System), shall be enrolled in the Public Agency Retirement System (PARS).

52.2 Employee’s PARS Contributions

52.2.1 Employee Contribution: Each pay period, each employee shall contribute three and three-quarters percent (3.75%) of their salary and deposited into their PARS account.

52.2.2 Excluded from Salary: The aforesaid contribution shall not be considered as part of an employee’s salary for the purpose of computing straight time earnings, compensation for overtime worked, or education incentive pay; nor shall such contribution be taken into account in determining the level of any other benefit which is a function of or percentage of salary. The City reserves the right to take said contribution into account for the purpose of salary comparisons with other employers.

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 94 52.2.3 City Contribution: Each pay period, the City shall contribute three and three- quarters percent (3.75%) of the employee’s salary and deposited into their individual PARS account.

52.3 Termination from Employment
Upon termination from employment, the employee or their beneficiary shall receive payment in full of all monies deposited in the employee’s individual PARS account.

SECTION 53: SUPPLEMENTAL RETIREMENT/DISABILITY INSURANCE PLAN

Effective January 1, 1983, the majority of miscellaneous employees under the City's contract with the State of California Public Employees' Retirement System who were covered by the integrated Social Security Program voted to withdraw from participation in the Federal Social Security Program. In lieu of Social Security payments, the City has agreed to pay an amount equal to that percent of individual pay (6.7% payable on the first $32,400 of salary paid in the calendar year) which had been paid by the City to Social Security as of December 31, 1982 to a Supplemental Retirement and Income and Long Term Disability Insurance Plan for those employees previously covered under the integrated CalPERS/Social Security Plan. Provisions of this plan are described in City of Berkeley Municipal Code Section 04.36.101 et seq. (Supplementary Retirement and Income Plan I and 04.38.101 et. seq. (Supplementary Retirement and Income Plan II) as amended.

As of November 27, 1994 the City will assume the premium payment of the optional SRIP II Long-Term Disability Plan for those members who are then enrolled in the program.

Upon completion of re-negotiations of the optional disability plan with the insurance carrier, the City will assume the premium payment for all members.

SECTION 54:

INCREASED HOURS
Part-time career employees in the same classification shall be notified and have the opportunity to apply for increased hours in a classification before hiring from the outside.

Decisions to offer the increased hours shall be based on program necessities. This provision shall not apply when the increased hours are offered to the occupant of the position and they have accepted same.

SECTION 55:

LIBRARY AIDES

55.1 Minimum Positions
The City shall establish an ongoing level of 9.63 additional FTE Library Aide positions (10.63 at start, leveling to 9.63 through attrition), 8 positions to be 20 hours per week with full pro rata fringe benefits. This will be in addition to the existing 2.925 FTE career Library Aide positions which will remain career positions of at least 20 hours per week.

55.2 Applicable Provisions
Part-Time Library Aides who work less than 20 hours per week do not receive health and welfare benefits including, but not limited to, medical coverage, pension

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 95 benefits under CalPERS, retiree medical coverage, Supplementary Retirement and Income Plan, Long-Term Disability Plan, group life insurance, cash-in-lieu benefits and education leave. Part-Time Library Aides who work less than 20 hours per week do receive pro-rated vacation leave accrual, sick leave accrual, compensatory time accrual and floating holiday accrual. All other provisions of this Agreement are applicable to these Part-Time Library Aides who work less than 20 hours per week.

55.3 Salary Advancement
When a permanent part-time Library Aide who works less than 20 hours per week has worked 1040 hours without terminating his/her service with the City or being terminated from his/her service with the City, such employee shall be moved to the second salary step within his/her classification on the first day of the payroll period following completion of said 1040 hours, provided that at least twelve (12) calendar months shall pass from step increase to step increase. Such employees shall be eligible for subsequent step increases on a 1040 hour formula.

An employee classified in a single classification who is specifically assigned to work in a different classification shall receive credit for such temporary hours worked in the employee's basic classification.

55.4 Step Increases
Hourly Library Aides who are appointed to 20 hour fully benefited positions receive the first step increase after that appointment based on the 1040 rule provided that 12 months have passed since the date of the last step increase. The anniversary date for further successive annual step increases shall be established based on the date of the first step increase after the 20 hour appointment is effective.

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 96 ARTICLE 9 - LAYOFF PROCEDURE

SECTION 56: LAYOFF
This layoff policy for the City of Berkeley is intended to provide the maximum employment protection to the City staff should a layoff become necessary. The policy also aims to minimize the impact such a layoff might have on the City's affirmative action accomplishments.

56.1 Announcement of Layoff
5 6 . 1 . 1 The City Council, City Manager, and Department Head shall make every reasonable effort to manage and budget the City's resources effectively and to plan for the delivery of City services in a manner which will avoid the necessity to lay off career City employees. If a reduction in the work force is necessitated by, but not limited to, the following: a material change in duties and organization, adverse working conditions, return of employee from leave of absence, or shortage of work or funds, the City Manager shall notify the Director of Human Resources of the intended action and the reason for the layoff.

5 6 . 1 . 2 Immediately following a decision which may involve the potential layoff of career City employees, the City Manager shall freeze all current City vacancies in the competitive service in similar and related classifications to those likely to be targeted for layoff, as well as all related full-time, benefited, temporary positions which are expected to last six (6) months or more, and shall notify the Department Heads that such current and anticipated vacancies will be frozen until further notice in order to implement the provisions of Sections 52.4 (Employee Retreat Rights/Out Placement) and

52.5 (Employee/Union Notification). In notifying Department Heads of a freeze required by this section, the City Manager shall require that requisitions continue to be submitted for any budgeted positions which the Department intends to fill and for which funding is available.

5 6 . 1 . 3 After the City has announced the need for a reduction in force, including the magnitude of such reduction, and has informed employees of their prospective layoff or retreat, but before any actual layoff, the City will consider employee requests for the alternative action, including job sharing.

56.2 Seniority Service Date

5 6 . 2 . 1 All service in the employ of the City shall be counted toward the establishment of an employee's Seniority Service Date, including, for example, permanent, probationary, provisional, temporary (full-time and intermittent), seasonal, exempt employment, as well as leaves of absence for obligatory military service and approved family care leave while an employee of the City. Less than full-time service will be consolidated into equivalences of full-time service for the purpose of establishing the Seniority

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 97 Service Date. Time off as a result of formal disciplinary action will be subtracted from the Seniority Service Date.
5 6 . 2 . 2 The Human Resources Department shall maintain up-to-date and current Seniority Dates for all City employees holding probationary and permanent appointments.

56.3 Establishment of Seniority Lists
5 6 . 3 . 1 Whenever a layoff of one or more career employees becomes necessary, as defined above, such layoffs shall be made according to City-wide classification Seniority Lists. Upon receiving notification that the City Manager must proceed with a possible reduction in the work force, and following receipt of information concerning the specific positions, programs, and departments involved, the Human Resources Department will immediately establish separate Probationary and Permanent Seniority Lists for each classification targeted for layoff.

5 6 . 3 . 2 The names of all City employees holding permanent and probationary appointments in a given classification will be on the appropriate list in descending order by Seniority Service Date. Employees on both lists shall be laid off on the basis of their Seniority Service Date, i.e., employees with the least amount of total service shall be laid off first. All emergency, temporary, and provisional employees working in classifications similar to those identified for layoff must be terminated prior to the layoff of probationary or permanent employees. Employees on the Probationary Seniority List for a specific classification will be laid off prior to employees on the Permanent Seniority List for that class.

5 6 . 3 . 3 Probationary or permanent employees temporarily acting out of classification and holding a provisional appointment in another classification will be listed only on a Seniority List for the class in which they hold permanent or probationary status and which is targeted for layoff.

If two (2) or more employees on a Seniority List have an identical Seniority Service Date, the tie shall be broken in the following order:

56.3.4.1 Time in classification - the employees having least time in the class shall be released first;

56.3.4.2 By lot.

56.4 Employee Retreat Rights/Out Placement
5 6 . 4 . 1 Before an employee with permanent or probationary status may be released from employment with the City of Berkeley, the Human Resources Department must consider the employee's right to retreat to lower level classifications through which they were originally promoted, or any subsequently created intermediate level career classification which provides normal progression through the classification series. Retreat rights shall also extend to employees who have not previously been promoted

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In addition to providing the employee with the appropriate retreat offer, when it is determined to be in the best interest of the service, the City Manager may authorize the Human Resources Department to offer the affected employee the option of out placement. The out placement offer would provide a designated amount of funds to be paid to the employee for use by the employee for career development. The employee could either accept the retreat offer (offer to bump another employee) or accept the out placement offer. If the employee accepts the out placement offer, the employee forfeits their rights under the layoff policy and will be laid off without rights to re-employment.
5 6 . 4 . 2 In the process of retreating, the same rules concerning the length of service, classification, Seniority Lists, etc., apply as in the first stage of the layoff process. In order to retreat, the targeted employee must be higher on the Seniority List for the classification into which they are retreating than at least one of the incumbents on the probationary or permanent Seniority List for that class.

5 6 . 4 . 3 Waiver of Minimum Qualifications: The City Manager may consider a temporary waiver of minimum qualification standards where the employee, because of (a) changes to the minimum requirements of a previously held classification, or (b) changes to the minimum requirements of a subsequently created intermediate level career classification in the same classification series, no longer meets the minimum qualifications of the previously held or intermediate level classification. The temporary waiver of minimum qualification standards shall be subject to a twelve (12) month probationary period during which time the employee must meet the new minimum qualifications of the classification. The employee shall be subject to the provisions of Sections 31.7 (Probationary Performance Evaluations) and 31.8 (Rejection During Probationary Period) of this Agreement.

Employees shall be advised of their progress in writing after three (3), six (6) and eleven (11) months in the classification. If at the conclusion of the probationary period, management determines that the employee is not meeting the minimum qualifications of the position, then the employee shall again be subject to the layoff process. Management will ensure that the retreating employee will receive orientation and feedback during the probationary period.
5 6 . 4 . 4 If an employee is qualified for retreat into more than one classification with comparable salary ranges, or if a vacancy exists in a classification to which an employee is entitled to retreat, the Director of Human Resources shall discuss the options with the employee and due consideration shall be given to the employee's preferences. The Director of Human Resources shall then make a recommendation to the City Manager. However, it is the prerogative of the City Manager to determine the final placement offer to the employee.

5 6 . 4 . 5 Salary Placement: The retreating employee has a right to be retained in the highest salary range possible which is equal to or less than his/her

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 99 present salary range. An employee involved in layoff does not have a right of mandatory placement in positions with a higher salary range, i.e., promotion.
5 6 . 4 . 6 Reduction in Hours: If an employee with a full time position is offered a reduction in hours in that position or in a lower classification, the employee may elect to be targeted for layoff for purpose of consideration under Section 52.6 (Flexible Placement Program/Out Placement) If there is no flexible placement available for the employee, the employee may accept the reduction in hours, in lieu of layoff.

56.5 Employee/Union Notification

5 6 . 5 . 1 Emergency, temporary, intermittent, seasonal, etc., employees shall be notified individually, in writing, of pending layoff as soon as possible.

However, at least two (2) weeks notification is desirable if possible.

5 6 . 5 . 2 Provisional employees shall be notified individually, in writing, of pending layoff as soon as possible, with no less than fifteen (15) calendar days notification if targeted for release or reassignment.
5 6 . 5 . 3 Permanent, probationary, and career-exempt employees shall be notified individually, in writing, of pending layoffs as soon as possible, with no less than thirty (30) calendar days notification if targeted for release or reassignment.

If an employee fails to accept a bona fide offer of reassignment within ten (10) calendar days after the offer has been made, they forfeit further right to employment retention. Acceptance of a reassignment does not remove the right of appeal under Section 52.10 (Appeal Procedures). All notices of layoff under Section 52.5 (Employee/Union Notification) shall be issued to the Union simultaneously with notice to the affected employee(s). Together with any layoff notices sent to the Union, a list shall be included of all vacancies which are authorized for filling.

56.6 Flexible Placement Program/Out Placement

5 6 . 6 . 1 In order to minimize the negative impact of a layoff, the City Manager will, as previously stated in Section 52.1.2 impose a City-wide freeze on all appropriate vacancies as soon as it has been determined that a layoff of career City employees may be necessary.
5 6 . 6 . 2 Following the release of all emergency, temporary, and provisional employees in classes similar to those targeted for layoff, and as soon as employees targeted for layoff have been identified and the provisions under Section 52.4 (Employee Retreat Rights/Out Placement) have been carried out, the Human Resources Department will review and identify the frozen vacant classifications into which employees ultimately targeted for layoff may be placed on the basis of total experience and education. In making this decision, a waiver of minimum qualification standards and/or the substitution of related experience and education may be made, with an

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understanding on the part of management and supervisory personnel that adequate supervised on-the-job training which can be completed within no more than six (6) months will be provided to facilitate job adjustment and to compensate for the waiver of qualification standards if that has occurred.

A training program shall be developed with the employee, the supervisor, and the Training Officer. The employee shall be advised of her/his progress in writing after two months, four months and six months in the new classification. If at the end of this time the employee is unable to adequately perform the assignment, then the employee shall be again subject to the layoff process.

5 6 . 6 . 3 In addition to providing the employee with the flexible placement offer, when it is determined to be in the best interest of the service, the City Manager may authorize the Human Resources Department to offer the affected employee the option of out placement. The out placement offer would provide a designated amount of funds to be paid to the employee for use by the employee for career development. The employee could either accept the flexible placement offer (offer to be flexibly placed in a vacant position) or accept the out placement offer. If the employee accepts the out placement offer, the employee forfeits their rights including, but not limited to, retreat rights, flexible placement and re-employment rights, under the layoff policy and will be laid off. All offers of out placement will be made in a manner to comply with general law and the affected employee will be required to sign a waiver and release of all claims in consideration for receiving this benefit.

The City Manager, at their sole discretion, may approve outplacement payments in accordance with the Layoff Procedure at the rate of $1,000 or 2% of annual salary; whichever is greater, for each full time equivalent year of City Service, up to a maximum of $30,000.

5 6 . 6 . 4 Assignments under the Flexible Placement Program shall be limited to positions in the same or lesser salary range as the classification from which the employee is to be laid off, except that the City Manager may authorize the offer of a flexible placement to position with a maximum salary of no more than five (5) percent above the salary range as the classification from which layoff is targeted, when it is in the best interest of the City service to do so. Whenever flexible placement is made to a classification with a greater salary range, the appointment shall be probationary, in accordance with the terms of that classification.
5 6 . 6 . 5 All employees in classifications from which layoffs would otherwise be made shall be eligible to apply for flexible placement positions on a voluntary basis. Where more qualified employees apply under flex placement than are needed to prevent layoffs, each employee must be evaluated for their background (as opposed to classification) to determine whether the employee can assume full duties of flex placement within six months. The City will choose the applicants it considers best qualified to be offered the flex placement position. Where there are not enough volunteers for flexible placement, all employees slated for Layoff shall constitute the flexible

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placement pool of employees and offers to positions under the Flexible Placement Program shall be made as follows:

56.6.5.1 The total experience and education for each employee slated for layoff is compiled.

56.6.5.2 The employees slated for layoff are listed by order of seniority and placed in positions in order of seniority.

56.6.5.3 The right to Flexible Placement shall remain in force for the duration of the re-employment list.

56.6.5.4 All offers and placements made under this provision of the layoff policy shall be documented in detail, with records available for audit and review. Upon request, a written statement of the reasons for not offering an employee a particular position shall be made to the employee and/or the Union.

5 6 . 6 . 6 Offers to positions under the Flexible Placement Program shall be made according to Seniority Service Date and in accordance with the Probationary and Permanent Seniority List certification process outlined in Section 52.3 (Establishment of Seniority Lists) and in accordance with the following procedures:

56.6.6.1 Full-time vacancies authorized to be filled shall be listed in order from highest to lowest based on the actual maximum salary.

56.6.6.2 Part-time vacancies authorized to be filled shall be included in the above list in order based on the actual monthly maximum salary for the hours involved.

56.6.6.3 The individual with the earliest Seniority Service Date (SSD) targeted for layoff will be considered for flexible placement in the top position on the above list.

56.6.6.4 If it is determined that the person with the earliest SSD is eligible and qualified for flexible placement in the top position on the list, the Director of Human Resources shall recommend to the City Manager that the employee be offered the position. If the City Manager approves the recommendation, the employee shall be offered the position.

56.6.6.5 If the City Manager and/or Director of Human Resources determines that the employee is not eligible or not qualified for the top position, the Director of Human Resources shall proceed down the list of vacancies in an effort to identify the next highest position for which the employee is eligible and qualified for flexible placement. Upon identification of such a match, the Director of Human Resources shall recommend to the City Manager that the employee be offered the position.

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56.6.6.6 This above process shall be repeated until either a match is identified or the list of vacancies has been exhausted.

56.6.6.7 The above process shall be repeated next for the employee with the second highest SSD, and, subsequently in order from earliest to most recent SSD for each other employee targeted for layoff.

5 6 . 6 . 7 If an employee fails to accept a bona fide written offer of an alternative job within ten (10) calendar days after the offer has been made, they forfeit further rights to employment retention. Acceptance or rejection of an alternative job under the Flexible Placement Program in no way jeopardizes an employee's standings on the Reemployment Priority Lists on which their name has been placed in accordance with Section 52.7 (Reemployment Lists).

56.7 Reemployment Lists

5 6 . 7 . 1 The names of all probationary and permanent employees released from positions in the competitive service as a result of layoff must be placed on Reemployment Priority Lists for those classifications from which they were separated, as well as all other classifications to which they have retreat rights in accordance with Section 52.4 (Employee Retreat Rights/Out Placement).
5 6 . 7 . 2 A Reemployment Priority List shall remain in effect for three (3) years. Said list shall remain in effect indefinitely for employees who are retreated or flexibly placed and remain employed with the City. Except that eligibility for reemployment in seasonal positions shall not be in effect for more than one year.

5 6 . 7 . 3 Departments with vacancies in any classification for which there is an active Reemployment Priority List must use the Reemployment Priority List to fill their positions and may not use any other recruitment or appointment method to fill a vacancy until appropriate Reemployment Lists have been exhausted.

5 6 . 7 . 4 When a vacancy occurs in a class for which there is a Reemployment Priority List, the employee on the appropriate Reemployment Priority List with the highest Seniority Date shall be given the offer of employment with a copy sent to the Department Head. Employees so certified from the Reemployment Priority List must be appointed to the existing vacancy.

5 6 . 7 . 5 If a former employee fails to accept a bona fide written offer of reemployment to the class from which s/he was laid off within fifteen (15) calendar days, his/her name will be removed permanently from the Reemployment Priority List from which the offer was made unless the offer of reemployment is for fewer hours than his/her previous position. Failure to accept an offer of reemployment to the class with the highest salary range for which the employee is eligible for reemployment will result in automatic removal from all Reemployment Priority Lists. However, the employee may decline (or accept) temporary reemployment or reemployment to lower

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salary range classifications without jeopardizing his/her standing on the Reemployment Priority List for the classification from which s/he was originally terminated.
5 6 . 7 . 6 Upon reappointment to the classification from which the employee was originally separated or demoted, the employee has the right to be placed at the step of the salary range which the employee held at the time of layoff or demotion.

56.8 Reinstatement List

5 6 . 8 . 1 Provisions of this Section 52.8 (Reinstatement List) shall be applicable only to unrepresented positions and positions represented by Unions and/or Associations which have incorporated identical language in their Memorandum Agreement and/or in formally executed Letters of Agreement. 5 6 . 8 . 2 Any former employee on a reemployment list shall be included on the reinstatement list for a specific class at or below the class from which s/he was laid off whenever s/he both:

56.8.2.1 meets minimum qualifications of the specific class and

56.8.2.2 has requested reinstatement in that class.

5 6 . 8 . 3 In order to permit reinstatement in another specific class of an individual who is on a mandatory reemployment list, minimum qualifications may be waived and On-the-Job Training (OJT) may be provided as specified under the Flexible Placement Program.

Such individuals shall be included on the eligibility list certified for a specific position and identified as eligible based on this provision.

5 6 . 8 . 4 Consideration for 53.8.2 and/or 53.8.3 would be based on a written request from an employee for reinstatement in that specific class; such request must include an updated City of Berkeley job application form. 5 6 . 8 . 5 Berkeley Matters shall be sent to all former employees on Reemployment Lists.

56.9 Career-Exempt Employees
Only those employees holding full-time, benefited exempt positions who, in the past, have achieved permanent status and have been continuously employed without a break in service between their career and exempt appointment, have the right to retreat to previously held career classifications, placement on the Reemployment Priority Lists, and all other provisions governing layoff procedures.

For the purpose of layoff, such employees shall be referred to as "career-exempt".

56.10 Appeal Procedures
Any permanent, probationary, or career-exempt employee who is laid off, demoted, or reassigned as a result of layoff, who believes that the layoff procedure has been administered in violation of the terms of this Agreement, and those rules,

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regulations and resolutions which have been or may hereafter be adopted by the City Council, as it pertains to the employee's case, may appeal the action under Section 37 (Grievance Procedure). In addition, employees may, at all times, before, during and subsequent to layoff, review all records, including Seniority Lists, Reemployment Priority Lists, documentation pertaining to appointments under the Flexible Placement Program, etc., which pertain to their classification and their rights under the provisions of the layoff policy.

56.11 Reclassification or Reallocation of Positions
Reclassification or reallocation of positions shall not be used as a mechanism, the sole purpose of which is to improperly circumvent the provisions of this Agreement, including provisions relating to layoff, transfer, demotion or promotion.

56.12 Audit

5 6 . 1 2 . 1 If it is determined that a vacancy has been filled by an employee not on the appropriate Reemployment Priority List in a classification for which a Reemployment Priority List existed and which included available applicants at the time, the former employee with reemployment rights shall be hired and given retroactive pay from the date that the vacancy occurred. The employee who was originally hired to fill the vacancy shall continue to be retained in City employment provided s/he has completed her/his probationary period.

5 6 . 1 2 . 2 In the event of a dispute between the Union and the City over the application of the Reemployment Priority Lists and if either party so requests, the City Manager's Office shall order an audit by an outside auditor of all vacant positions filled in each department, and authorized positions which have not been filled, to determine whether the vacancies occurred in classifications for which Reemployment Priority Lists were in existence, and, if so, whether the appointments made by the selecting official were in accordance with the procedures outlined in Section 52.7 (Reemployment Lists). In the event vacancies for which Reemployment Priority Lists were in existence remained unfilled, the auditor shall offer an opinion as to whether or not the reasons for leaving the positions vacant appear to be legitimate. A report of the audit must be transmitted to the City Manager, the City Council and the Union.

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ARTICLE 10 - LEGISLATIVE AIDES

SECTION 57: LEGISLATIVE AIDES

57.1 At-Will Status
All positions in the Legislative Aide classification are excluded from the career service by Berkeley Municipal Code Section 4.04.120 of the Personnel Ordinance and serve at the will of the appointing authority. An employee in the Legislative Aide classification shall be employed by the City in an “at- will” status. This means that both the at-will employee and the City have the right to terminate employment at any time, with or without advance notice, and with or without cause. No employee or officer of the City of Berkeley has the authority to alter the employee's at-will status or to enter into an oral or written agreement for employment for a specified period of time, or to make any promises, assurances or agreements contrary to the provisions of this Section. Employees in the Legislative Aide classification shall not be subject to progressive discipline.

Employees in the Legislative Aide classification shall be entitled to only those benefits provided for at-will employees in the personnel rules and regulations or in applicable memoranda agreements.

57.2 SEIU Local 1021 CSU/PRTLA Current MOU Provisions Not Applicable to Legislative Aides to the Mayor and to City Councilmembers Article 1 – Administration
• Section 4.8 Elected Official/Steward Leave Without Pay

Article 2 – Salaries, Hours of Work and Compensation Issues • Section 9 Salaries: Differentials/add pays in Section 9 not applicable to Legislative Aides except 9.22 Living Wage • Section 10 Temporary Appointments
• Section 12 Hours of Work – At-will and FLSA excluded employees so all paragraphs in this Section are inapplicable except 12.8 related to Daylight Saving Time
• Section 13 Overtime – Not applicable to Legislative Aides who are excluded from FLSA
• Section 14 Shift Differential – except Sections 15.2 Bilingual Premium Pay and 15.3 Longevity Pay

Article 3 - Leaves
• Section 18 Holidays – Sections 18.4 and 18.7 are inapplicable to Legislative Aides who are excluded from FLSA
• Section 24 Leave of Absence without Pay – 24.1 is inapplicable

Article 4 – Health and Welfare
• Section 32 Probationary Period
• Section 33 Transfer
• Section 34 Promotion
• Section 35 Filling of Vacancies
• Section 37 Reinstatement

Article 5 – Grievance and Disciplinary Appeal Procedure • 38 Disciplinary Actions is inapplicable

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Article 9 – Layoff Procedure (entire Article 9)

57.3 Salary Step Advancement
The salary step advancement process for Legislative Aides shall be as follows:

Legislative Aides will automatically advance one step annually – upon their anniversary date in the classification and upon receipt of a performance evaluation that meets or exceeds expectations; they will automatically advance one step annually upon their anniversary date in the classification in the absence of an evaluation, but will not have their annual step increase in the event of a negative evaluation (below “meets expectations”); and

The hiring authority may move a Legislative Aide multiple steps upon a significant change in the Legislative Aide’s level of education, complexity of assigned tasks and duties, and/or supervisorial responsibilities.

DocuSign Envelope ID: 65875E8A-66B1-4A8A-9AFD-E64A0A6C35CE 2024-2027 Memorandum Agreement
107

City of Berkeley SEIU Local 1021 Community Services & PTRLA

SIGNATURE PAGE
SEIU Local 1021: City of Berkeley:

David Canham, Executive Director, SEIU 1021 Paul Buddenhagen, City Manager

Peter Masiak, Eastbay Field Director, SEIU 1021

Nato Green, Chief Negotiator
Jonathan Holtzman, Chief Negotiator

Anne Cardwell, Deputy City Manager

Julio Corral, Field Representative, SEIU 1021 Aram Kouyoumdjian, Director of Human Resources

Jose Guerrero, Bargaining Team Member Tanya Bustamante, Deputy Director of Health, Housing, & Community Services Department

Julia Wiswell, Bargaining Team Member

Jamie Cooney, Bargaining Team Member

Allison Riemer, Bargaining Team Member

Danielle Hall, Bargaining Team Member

Nico Ledwith, Bargaining Team Member

Christina Rea, Bargaining Team Member

Arcata Griffin, Bargaining Team Member

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 108

Exhibit A – Salary Ranges as of December 8, 2024
(6.0% Salary Increase)

JOB
CLASS
REP
UNIT CLASSIFICATION TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP
7 2000 L Accountant I N 41.5770 43.3596 45.1147 46.9982 49.0745 2002 L Accountant II N 51.8351 54.0977 56.5435 58.9705 61.5508 2088 L ADA Program Coordinator N 57.0202 60.0018 62.9834 65.9651 68.9467 2009 L Applications Programmer
Analyst I N 50.4061 52.5550 54.9140 57.3329 59.8118
2010 L Applications Programmer
Analyst II N 55.0040 57.4328 60.0217 62.7303 65.5693
2012 L Architect E 62.5306 65.5193 68.6876 71.9860 75.3942 2030 L Assistant Architect E 53.5947 56.0436 58.7222 61.5812 64.6094 2034 G1 Assistant Environmental
Health Specialist N 0.0000 0.0000 44.0493 46.4081 48.2568 9012 L Assistant Inspector N 39.9705 41.7033 43.5978 45.4355 47.4193 2038 L Assistant Management
Analyst N 41.5505 43.3498 45.1083 46.9676 49.0469
5004 G1 Assistant Mental Health
Clinician N 34.9636 36.2028 37.3626 38.6718 40.6212
2042 L Assistant Planner N 41.8099 43.6492 45.4087 47.3277 49.3767 2018 L Associate Management
Analyst N 51.8351 54.0976 56.5435 58.9705 61.5509
2022 L Associate Planner N 50.4863 52.7151 54.8540 57.3028 59.9316 2052 L Auditor I N 41.5770 43.3596 45.1147 46.9982 49.0745 2054 L Auditor II N 51.8351 54.2808 56.6014 59.0377 61.5509 2056 IA Automation Librarian N 50.2464 52.5851 55.0638 57.7026 60.5315 2058 G1 Behavioral Health Clinician I E 44.4807 46.3460 48.2478 50.1867 52.1713 2060 G1 Behavioral Health Clinician
II E 48.9922 50.9402 52.9521 55.0655 57.2248
3000 L Building Inspector I
(Certified) N 49.3465 51.4856 53.8245 56.0933 58.5423
3004 L Building Inspector II N 50.8458 53.0452 55.4538 57.7926 60.3215 3005 L Building Inspector II
(Certified) N 52.8951 55.1640 57.6729 60.1119 62.7404
3008 L Building Plans Examiner N 52.8951 55.1640 57.6729 60.1119 62.7404 2066 L Buyer N 44.4491 46.4282 48.2673 50.2863 52.4551
9000 IA Central Library Circulation
Supervisor N 39.3513 41.0203 42.7899 44.6389 46.9577
2070 G1 Clinical Psychologist E 54.1944 56.3034 58.5321 60.8214 63.2700 3015 L Code Enforcement Officer I N 39.0816 40.9008 42.7995 44.7991 46.8976 3014 L Code Enforcement Officer II N 47.4477 49.4966 51.7454 53.9245 56.2932 2073 L Community Development
Project Coordinator E 53.9744 56.5632 59.3521 62.2606 65.2592 5012 G1 Community Health Worker N 0.0000 32.2050 32.9343 33.7542 35.4234 5014 G1 Community Health Worker
Specialist N 34.9636 36.2028 37.3626 38.6718 40.6212
2074 L Community Services
Specialist I N 41.5770 43.3596 45.1147 46.9982 49.0745

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JOB
CLASS
REP
UNIT CLASSIFICATION TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP
7 2076 L Community Services
Specialist II N 51.8351 54.0976 56.5435 58.9705 61.5509 2096 L Emergency Services
Coordinator N 51.8368 54.1079 56.5380 58.9675 61.5559
2100 L Environmental Compliance
Specialist E 56.1407 58.1255 60.3123 62.7196 65.0532
2104 G1 Epidemiologist N 44.6465 46.8770 49.2191 51.6798 54.2660 4029 L Field Representative N 0.0000 0.0000 38.7714 40.3408 42.1598 3022 L Fire and Life Safety Plans
Examiner N 58.2925 60.8112 63.5698 66.2586 69.1972
7004 L Fire Prevention Inspector N 47.4477 49.4966 51.7454 53.9245 56.2932 2109 #N/A Hazardous Mat Specialist II N 56.1434 58.1223 60.3111 62.7202 65.0591 2106 G1 Hazardous Materials
Specialist I N 49.4364 51.1658 53.0951 55.2041 57.2927
2110 G1 Health Educator E 48.9050 50.7990 52.7717 54.8319 57.0064 9013 L Housing Inspector I
(Certified) N 44.4118 46.3369 48.4421 50.4838 52.6880
3025 L Housing Inspector II
(Certified) N 49.3465 51.4856 53.8245 56.0933 58.5423
2120 L Information Systems
Specialist N 47.1546 49.1942 51.3901 53.6231 55.9660
3028 L Information Systems
Support Technician N 39.1415 40.6109 42.1199 43.6993 45.3287 2124 L Landscape Architect E 60.3088 63.0627 66.0766 69.3122 72.7208 2127 K1 Legislative Aide N 41.5520 43.6296 45.7708 48.0074 50.3606 52.8304 55.4168 2127 K1 Legislative Aide (Cont. Step
8 - 14) 58.1304 60.9818 63.9604 67.098 70.384 73.8396 77.4648 2131 IB Librarian I N 40.6309 42.5600 44.7087 46.6980 48.7170 2133 IB Librarian II N 44.7087 46.6980 48.7170 50.9858 53.1747 4037 IB Library Aide N 24.4083 25.5679 26.6674 27.8071 28.5667 4039 IB Library Assistant N 29.6362 30.9254 32.2748 33.6439 35.2234 2135 IA Library Literacy Program
Coordinator N 42.8197 44.7289 46.6779 48.8069 50.9359
2129 IA Library Special Services
Coordinator E 48.1374 50.4361 52.8751 55.3440 57.9926
4041 IB Library Specialist I N 33.4543 34.8834 36.3928 37.9322 39.9215 4043 IB Library Specialist II N 35.2234 37.1126 38.6919 40.2909 42.3104 6036 G1 Mealsite Coordinator N 0.0000 0.0000 31.0452 31.7750 32.5343 9007 G3 Mental Health Nurse N 67.6114 70.9919 74.5415 78.2684 82.1851 2139 G3 Advanced Practice Provider E 71.9384 74.0861 77.1197 80.2814 83.5842 6040 G1 Mini Bus Driver N 0.0000 0.0000 31.3852 32.6043 33.9440 2141 G1 Nutritionist E 43.5096 45.2287 46.9378 48.7170 50.7159 3032 L Permit Specialist N 37.0824 38.8519 40.5909 42.4900 44.4791 3034 L Planning Technician N 37.3151 39.2804 41.3454 43.5180 45.8055 2151 G1 Psychiatrist E 123.3466 129.5121 135.9892 142.7923 149.9287 2153 G3 Public Health Nurse E 65.7462 68.1016 70.8436 73.8017 76.6941 6047 R1 Recreation Activity Leader N 0.0000 0.0000 27.6306 30.4445 33.9076

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JOB
CLASS
REP
UNIT CLASSIFICATION TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP
7 6048 R2 Recreation Activity Leader
(R2) E 0.0000 0.0000 27.0470 29.6598 33.0708
2157 G1 Registered Environmental
Health Specialist N 50.3612 52.1162 54.1098 56.2417 58.3646 2159 G3 Registered Nurse E 0.0000 63.6837 65.8832 68.1338 70.5856 2161 L Revenue Development
Specialist I N 41.5755 43.3643 45.1147 47.0108 49.0758
2163 L Revenue Development
Specialist II N 51.8368 54.1079 56.5380 58.9675 61.5559 2169 G1 Senior Behavioral Health
Clinician E 53.4760 55.6357 57.7026 59.9906 62.4255
3036 L Senior Building Inspector N 58.2925 60.8112 63.5698 66.2586 69.1972 3038 L Senior Building Plans
Examiner N 58.2925 60.8112 63.5698 66.2586 69.1972
5048 G1 Senior Community Health
Specialist N 36.7229 38.0121 39.2316 40.5608 42.6299
2177 G1 Senior Environmental
Health Specialist N 52.8882 54.7439 56.7930 59.0627 61.2861 4069 L Senior Field Representative N 0.0000 0.0000 41.9503 43.7994 45.5884 2181 L Senior Health Management
Analyst N 53.4649 56.0334 58.7721 61.6807 64.6392
9015 L Senior Housing Inspector
(Certified) N 54.2809 56.6342 59.2069 61.7027 64.3965
2187 L Senior Information Systems
Specialist N 51.9877 54.3028 56.7473 59.3105 61.9570
2189 IB Senior Librarian N 46.7479 48.7670 50.9161 53.2551 55.5637 3042 L Senior Permit Specialist N 40.1050 42.1258 44.2217 46.4428 49.4079 2195 L Senior Planner E 58.0526 60.6510 63.4200 66.2087 69.1674 2197 G3 Senior Public Health Nurse E 68.4612 71.0860 73.7918 76.9270 79.8833 6057 G1 Senior Service Aide N 0.0000 0.0000 28.1469 29.1760 30.3356 6059 G1 Senior Service Assistant N 0.0000 0.0000 35.9434 36.8828 37.7724 2199 G1 Social Services Specialist N 41.5755 43.3641 45.1146 47.0107 49.0757 6071 R2 Sports Field Monitor (R2) N 23.5532 0.0000 0.0000 0.0000 0.0000 6073 R2 Sports Offical (R2) N 23.5532 26.8538 30.7246 34.5468 38.3932 6073 R1 Sports Official R2 (Non-
Career Intermittent) N 23.6068 27.5563 31.5057 35.4542 39.4185 2207 IA Supervising Librarian E 53.2647 55.7336 58.3625 61.1614 64.1698 5002 IA Supervising Library
Assistant N 36.1230 37.6223 39.2612 40.9506 44.4559
4000 G1 Vector Control Technician N 0.0000 0.0000 36.9116 38.1889 39.3678

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 111

Exhibit B – Salary Ranges as of First Full Pay Period in July 2025 (4.0% Salary Increase)

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2000 L Accountant I N 43.2401 45.0940 46.9193 48.8781 51.0375 2002 L Accountant II N 53.9085 56.2616 58.8052 61.3293 64.0128 2088 L ADA Program
Coordinator N 59.3010 62.4019 65.5027 68.6037 71.7046
2009 L
Applications
Programmer
Analyst I
N 52.4223 54.6572 57.1106 59.6262 62.2043
2010 L
Applications
Programmer
Analyst II
N 57.2042 59.7301 62.4226 65.2395 68.1921
2012 L Architect E 65.0318 68.1401 71.4351 74.8654 78.4100 2030 L Assistant Architect E 55.7385 58.2853 61.0711 64.0444 67.1938 2034 G1
Assistant
Environmental
Health Specialist
N 0.0000 0.0000 45.8113 48.2644 50.1871
9012 L Assistant Inspector N 41.5693 43.3714 45.3417 47.2529 49.3161 2038 L
Assistant
Management
Analyst
N 43.2125 45.0838 46.9126 48.8463 51.0088
5004 G1 Assistant Mental
Health Clinician N 36.3621 37.6509 38.8571 40.2187 42.2460 2042 L Assistant Planner N 43.4823 45.3952 47.2250 49.2208 51.3518 2018 L
Associate
Management
Analyst
N 53.9085 56.2615 58.8052 61.3293 64.0129
2022 L Associate Planner N 52.5058 54.8237 57.0482 59.5949 62.3289 2052 L Auditor I N 43.2401 45.0940 46.9193 48.8781 51.0375 2054 L Auditor II N 53.9085 56.4520 58.8655 61.3992 64.0129 2056 IA Automation
Librarian N 52.2563 54.6885 57.2664 60.0107 62.9528
2058 G1 Behavioral Health
Clinician I E 46.2599 48.1998 50.1777 52.1942 54.2582
2060 G1 Behavioral Health
Clinician II E 50.9519 52.9778 55.0702 57.2681 59.5138
3000 L Building Inspector I
(Certified) N 51.3204 53.5450 55.9775 58.3370 60.8840
3004 L Building Inspector II N 52.8796 55.1670 57.6720 60.1043 62.7344 3005 L Building Inspector II
(Certified) N 55.0109 57.3706 59.9798 62.5164 65.2500
3008 L Building Plans
Examiner N 55.0109 57.3706 59.9798 62.5164 65.2500
2066 L Buyer N 46.2271 48.2853 50.1980 52.2978 54.5533
9000 IA
Central Library
Circulation
Supervisor
N 40.9254 42.6611 44.5015 46.4245 48.8360
2070 G1 Clinical Psychologist E 56.3622 58.5555 60.8734 63.2543 65.8008

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 112

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 3015 L Code Enforcement
Officer I N 40.6449 42.5368 44.5115 46.5911 48.7735
3014 L Code Enforcement
Officer II N 49.3456 51.4765 53.8152 56.0815 58.5449
2073 L
Community
Development
Project Coordinator
E 56.1334 58.8257 61.7262 64.7510 67.8696
5012 G1 Community Health
Worker N 0.0000 33.4932 34.2517 35.1044 36.8403
5014 G1 Community Health
Worker Specialist N 36.3621 37.6509 38.8571 40.2187 42.2460 2074 L Community Services
Specialist I N 43.2401 45.0940 46.9193 48.8781 51.0375
2076 L Community Services
Specialist II N 53.9085 56.2615 58.8052 61.3293 64.0129 2096 L Emergency Services
Coordinator N 53.9103 56.2722 58.7995 61.3262 64.0181
2100 L
Environmental
Compliance
Specialist
E 58.3863 60.4505 62.7248 65.2284 67.6553
2104 G1 Epidemiologist N 46.4324 48.7521 51.1879 53.7470 56.4366 4029 L Field Representative N 0.0000 0.0000 40.3223 41.9544 43.8462 3022 L Fire and Life Safety
Plans Examiner N 60.6242 63.2436 66.1126 68.9089 71.9651 7004 L Fire Prevention
Inspector N 49.3456 51.4765 53.8152 56.0815 58.5449
2109 G1 Hazardous Mat
Specialist II N 58.3891 60.4472 62.7235 65.2290 67.6615 2106 G1 Hazardous
Materials Specialist I N 51.4139 53.2124 55.2189 57.4123 59.5844 2110 G1 Health Educator E 50.8612 52.8310 54.8826 57.0252 59.2867 9013 L Housing Inspector I
(Certified) N 46.1883 48.1904 50.3798 52.5032 54.7955
3025 L Housing Inspector II
(Certified) N 51.3204 53.5450 55.9775 58.3370 60.8840
2120 L Information
Systems Specialist N 49.0408 51.1620 53.4457 55.7680 58.2046 3028 L
Information
Systems Support
Technician
N 40.7072 42.2353 43.8047 45.4473 47.1418
2124 L Landscape Architect E 62.7212 65.5852 68.7197 72.0847 75.6296 2127 K1 Legislative Aide N 43.2141 45.3748 47.6016 49.9277 52.3750 54.9436 57.6335 2127 K1 Legislative Aide
(Cont. Step 8 - 14) 60.4556 63.4211 66.5188 69.7819 73.1994 76.7932 80.5634 2131 IB Librarian I N 42.2561 44.2624 46.4970 48.5659 50.6657 2133 IB Librarian II N 46.4970 48.5659 50.6657 53.0252 55.3017 4037 IB Library Aide N 25.3846 26.5906 27.7341 28.9194 29.7094 4039 IB Library Assistant N 30.8216 32.1624 33.5658 34.9897 36.6323 2135 IA
Library Literacy
Program
Coordinator
N 44.5325 46.5181 48.5450 50.7592 52.9733

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 113

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2129 IA
Library Special
Services
Coordinator
E 50.0629 52.4535 54.9901 57.5578 60.3123
4041 IB Library Specialist I N 34.7925 36.2787 37.8485 39.4495 41.5184 4043 IB Library Specialist II N 36.6323 38.5971 40.2396 41.9025 44.0028 6036 G1 Mealsite
Coordinator N 0.0000 0.0000 32.2870 33.0460 33.8357
9007 G3 Mental Health
Nurse N 70.3159 73.8316 77.5232 81.3991 85.4725
2139 G3 Advanced Practice
Provider E 74.8159 77.0495 80.2045 83.4927 86.9276
6040 G1 Mini Bus Driver N 0.0000 0.0000 32.6406 33.9085 35.3018 2141 G1 Nutritionist E 45.2500 47.0378 48.8153 50.6657 52.7445 3032 L Permit Specialist N 38.5657 40.4060 42.2145 44.1896 46.2583 3034 L Planning Technician N 38.8077 40.8516 42.9992 45.2587 47.6377 2151 G1 Psychiatrist E 128.2805 134.6926 141.4288 148.5040 155.9258 2153 G3 Public Health Nurse E 68.3760 70.8257 73.6773 76.7538 79.7619 6047 R1 Recreation Activity
Leader N 0.0000 0.0000 28.7358 31.6623 35.2639
6048 R2 Recreation Activity
Leader (R2) E 0.0000 0.0000 28.1289 30.8462 34.3936
2157 G1
Registered
Environmental
Health Specialist
N 52.3756 54.2008 56.2742 58.4914 60.6992
2159 G3 Registered Nurse E 0.0000 66.2310 68.5185 70.8592 73.4090 2161 L
Revenue
Development
Specialist I
N 43.2385 45.0989 46.9193 48.8912 51.0388
2163 L
Revenue
Development
Specialist II
N 53.9103 56.2722 58.7995 61.3262 64.0181
2169 G1 Senior Behavioral
Health Clinician E 55.6150 57.8611 60.0107 62.3902 64.9225 3036 L Senior Building
Inspector N 60.6242 63.2436 66.1126 68.9089 71.9651
3038 L Senior Building
Plans Examiner N 60.6242 63.2436 66.1126 68.9089 71.9651 5048 G1 Senior Community
Health Specialist N 38.1918 39.5326 40.8009 42.1832 44.3351 2177 G1
Senior
Environmental
Health Specialist
N 55.0037 56.9337 59.0647 61.4252 63.7375
4069 L Senior Field
Representative N 0.0000 0.0000 43.6283 45.5514 47.4119
2181 L
Senior Health
Management
Analyst
N 55.6035 58.2747 61.1230 64.1479 67.2248
9015 L Senior Housing
Inspector (Certified) N 56.4521 58.8996 61.5752 64.1708 66.9724 2187 L Senior Information
Systems Specialist N 54.0672 56.4749 59.0172 61.6829 64.4353

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 114

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2189 IB Senior Librarian N 48.6178 50.7177 52.9527 55.3853 57.7862 3042 L Senior Permit
Specialist N 41.7092 43.8108 45.9906 48.3005 51.3842
2195 L Senior Planner E 60.3747 63.0770 65.9568 68.8570 71.9341 2197 G3 Senior Public Health
Nurse E 71.1996 73.9294 76.7435 80.0041 83.0786
6057 G1 Senior Service Aide N 0.0000 0.0000 29.2728 30.3430 31.5490 6059 G1 Senior Service
Assistant N 0.0000 0.0000 37.3811 38.3581 39.2833
2199 G1 Social Services
Specialist N 43.2385 45.0987 46.9192 48.8911 51.0387
6071 R2 Sports Field Monitor
(R2) N 24.4953 0.0000 0.0000 0.0000 0.0000
6073 R2 Sports Offical (R2) N 24.4953 27.9280 31.9536 35.9287 39.9289 6073 R1
Sports Official R2
(Non-Career
Intermittent)
N 24.5511 28.6586 32.7659 36.8724 40.9952
2207 IA Supervising
Librarian E 55.3953 57.9629 60.6970 63.6079 66.7366
5002 IA Supervising Library
Assistant N 37.5679 39.1272 40.8316 42.5886 46.2341
4000 G1 Vector Control
Technician N 0.0000 0.0000 38.3881 39.7165 40.9425

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 115

Exhibit C – Salary Ranges as of First Full Pay Period in July 2026 (2.5% Salary Increase)

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2000 L Accountant I N 44.3211 46.2214 48.0923 50.1001 52.3134 2002 L Accountant II N 55.2562 57.6681 60.2753 62.8625 65.6131 2088 L ADA Program
Coordinator N 60.7835 63.9619 67.1403 70.3188 73.4972
2009 L
Applications
Programmer Analyst
I
N 53.7329 56.0236 58.5384 61.1169 63.7594
2010 L
Applications
Programmer Analyst
II
N 58.6343 61.2234 63.9832 66.8705 69.8969
2012 L Architect E 66.6576 69.8436 73.2210 76.7370 80.3703 2030 L Assistant Architect E 57.1320 59.7424 62.5979 65.6455 68.8736 2034 G1
Assistant
Environmental
Health Specialist
N 0.0000 0.0000 46.9566 49.4710 51.4418
9012 L Assistant Inspector N 42.6085 44.4557 46.4752 48.4342 50.5490 2038 L
Assistant
Management
Analyst
N 44.2928 46.2109 48.0854 50.0675 52.2840
5004 G1 Assistant Mental
Health Clinician N 37.2712 38.5922 39.8285 41.2242 43.3022 2042 L Assistant Planner N 44.5694 46.5301 48.4056 50.4513 52.6356 2018 L
Associate
Management
Analyst
N 55.2562 57.6680 60.2753 62.8625 65.6132
2022 L Associate Planner N 53.8184 56.1943 58.4744 61.0848 63.8871 2052 L Auditor I N 44.3211 46.2214 48.0923 50.1001 52.3134 2054 L Auditor II N 55.2562 57.8633 60.3371 62.9342 65.6132 2056 IA Automation
Librarian N 53.5627 56.0557 58.6981 61.5110 64.5266
2058 G1 Behavioral Health
Clinician I E 47.4164 49.4048 51.4321 53.4991 55.6147
2060 G1 Behavioral Health
Clinician II E 52.2257 54.3022 56.4470 58.6998 61.0016
3000 L Building Inspector I
(Certified) N 52.6034 54.8836 57.3769 59.7954 62.4061
3004 L Building Inspector II N 54.2016 56.5462 59.1138 61.6069 64.3028 3005 L Building Inspector II
(Certified) N 56.3862 58.8049 61.4793 64.0793 66.8813
3008 L Building Plans
Examiner N 56.3862 58.8049 61.4793 64.0793 66.8813
2066 L Buyer N 47.3828 49.4924 51.4530 53.6052 55.9171
9000 IA
Central Library
Circulation
Supervisor
N 41.9485 43.7276 45.6140 47.5851 50.0569
2070 G1 Clinical Psychologist E 57.7713 60.0194 62.3952 64.8357 67.4458

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 116

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 3015 L Code Enforcement
Officer I N 41.6610 43.6002 45.6243 47.7559 49.9928
3014 L Code Enforcement
Officer II N 50.5792 52.7634 55.1606 57.4835 60.0085
2073 L
Community
Development
Project Coordinator
E 57.5367 60.2963 63.2694 66.3698 69.5663
5012 G1 Community Health
Worker N 0.0000 34.3305 35.1080 35.9820 37.7613
5014 G1 Community Health
Worker Specialist N 37.2712 38.5922 39.8285 41.2242 43.3022 2074 L Community Services
Specialist I N 44.3211 46.2214 48.0923 50.1001 52.3134
2076 L Community Services
Specialist II N 55.2562 57.6680 60.2753 62.8625 65.6132 2096 L Emergency Services
Coordinator N 55.2581 57.6790 60.2695 62.8594 65.6186
2100 L
Environmental
Compliance
Specialist
E 59.8460 61.9618 64.2929 66.8591 69.3467
2104 G1 Epidemiologist N 47.5932 49.9709 52.4676 55.0907 57.8475 4029 L Field Representative N 0.0000 0.0000 41.3304 43.0033 44.9424 3022 L Fire and Life Safety
Plans Examiner N 62.1398 64.8247 67.7654 70.6316 73.7642 7004 L Fire Prevention
Inspector N 50.5792 52.7634 55.1606 57.4835 60.0085
2109 G1 Hazardous Mat
Specialist II N 59.8488 61.9584 64.2916 66.8597 69.3530 2106 G1 Hazardous Materials
Specialist I N 52.6992 54.5427 56.5994 58.8476 61.0740
2110 G1 Health Educator E 52.1327 54.1518 56.2547 58.4508 60.7689 9013 L Housing Inspector I
(Certified) N 47.3430 49.3952 51.6393 53.8158 56.1654
3025 L Housing Inspector II
(Certified) N 52.6034 54.8836 57.3769 59.7954 62.4061
2120 L Information Systems
Specialist N 50.2668 52.4411 54.7818 57.1622 59.6597
3028 L Information Systems
Support Technician N 41.7249 43.2912 44.8998 46.5835 48.3203 2124 L Landscape Architect E 64.2892 67.2248 70.4377 73.8868 77.5203 2127 K1 Legislative Aide N 44.2945 46.5092 48.7916 51.1759 53.6844 56.3172 59.0743 2127 K1 Legislative Aide
(Cont. Step 8 - 14) 61.967 65.0066 68.1818 71.5264 75.0294 78.713 82.5775 2131 IB Librarian I N 43.3125 45.3690 47.6594 49.7800 51.9323 2133 IB Librarian II N 47.6594 49.7800 51.9323 54.3508 56.6842 4037 IB Library Aide N 26.0192 27.2554 28.4275 29.6424 30.4521 4039 IB Library Assistant N 31.5921 32.9665 34.4049 35.8644 37.5481 2135 IA
Library Literacy
Program
Coordinator
N 45.6458 47.6811 49.7586 52.0282 54.2976

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 117

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2129 IA Library Special
Services Coordinator E 51.3145 53.7648 56.3649 58.9967 61.8201 4041 IB Library Specialist I N 35.6623 37.1857 38.7947 40.4357 42.5564 4043 IB Library Specialist II N 37.5481 39.5620 41.2456 42.9501 45.1029 6036 G1 Mealsite
Coordinator N 0.0000 0.0000 33.0942 33.8722 34.6816
9007 G3 Mental Health Nurse N 72.0738 75.6774 79.4613 83.4341 87.6093 2139 G3 Advanced Practice
Provider E 76.6863 78.9757 82.2096 85.5800 89.1008
6040 G1 Mini Bus Driver N 0.0000 0.0000 33.4566 34.7562 36.1843 2141 G1 Nutritionist E 46.3813 48.2137 50.0357 51.9323 54.0631 3032 L Permit Specialist N 39.5298 41.4162 43.2699 45.2943 47.4148 3034 L Planning Technician N 39.7779 41.8729 44.0742 46.3902 48.8286 2151 G1 Psychiatrist E 131.4875 138.0599 144.9645 152.2166 159.8239 2153 G3 Public Health Nurse E 70.0854 72.5963 75.5192 78.6726 81.7559 6047 R1 Recreation Activity
Leader N 0.0000 0.0000 29.4542 32.4539 36.1455
6048 R2 Recreation Activity
Leader (R2) E 0.0000 0.0000 28.8321 31.6174 35.2534
2157 G1
Registered
Environmental
Health Specialist
N 53.6850 55.5558 57.6811 59.9537 62.2167
2159 G3 Registered Nurse E 0.0000 67.8868 70.2315 72.6307 75.2442 2161 L
Revenue
Development
Specialist I
N 44.3195 46.2264 48.0923 50.1135 52.3148
2163 L
Revenue
Development
Specialist II
N 55.2581 57.6790 60.2695 62.8594 65.6186
2169 G1 Senior Behavioral
Health Clinician E 57.0054 59.3076 61.5110 63.9500 66.5456 3036 L Senior Building
Inspector N 62.1398 64.8247 67.7654 70.6316 73.7642
3038 L Senior Building Plans
Examiner N 62.1398 64.8247 67.7654 70.6316 73.7642
5048 G1 Senior Community
Health Specialist N 39.1466 40.5209 41.8209 43.2378 45.4435 2177 G1
Senior
Environmental
Health Specialist
N 56.3788 58.3570 60.5413 62.9608 65.3309
4069 L Senior Field
Representative N 0.0000 0.0000 44.7190 46.6902 48.5972
2181 L
Senior Health
Management
Analyst
N 56.9936 59.7316 62.6511 65.7516 68.9054
9015 L Senior Housing
Inspector (Certified) N 57.8634 60.3721 63.1146 65.7751 68.6467 2187 L Senior Information
Systems Specialist N 55.4189 57.8868 60.4926 63.2250 66.0462 2189 IB Senior Librarian N 49.8332 51.9856 54.2765 56.7699 59.2309

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 118

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 3042 L Senior Permit
Specialist N 42.7519 44.9061 47.1404 49.5080 52.6688
2195 L Senior Planner E 61.8841 64.6539 67.6057 70.5784 73.7325 2197 G3 Senior Public Health
Nurse E 72.9796 75.7776 78.6621 82.0042 85.1556
6057 G1 Senior Service Aide N 0.0000 0.0000 30.0046 31.1016 32.3377 6059 G1 Senior Service
Assistant N 0.0000 0.0000 38.3156 39.3171 40.2654
2199 G1 Social Services
Specialist N 44.3195 46.2262 48.0922 50.1134 52.3147
6071 R2 Sports Field Monitor
(R2) N 25.1077 0.0000 0.0000 0.0000 0.0000
6073 R2 Sports Offical (R2) N 25.1077 28.6262 32.7524 36.8269 40.9271 6073 R1
Sports Official R2
(Non-Career
Intermittent)
N 25.1649 29.3751 33.5850 37.7942 42.0201
2207 IA Supervising Librarian E 56.7802 59.4120 62.2144 65.1981 68.4050 5002 IA Supervising Library
Assistant N 38.5071 40.1054 41.8524 43.6533 47.3900
4000 G1 Vector Control
Technician N 0.0000 0.0000 39.3478 40.7094 41.9661

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 119

Exhibit D – Salary Ranges as of First Full Pay
Period in January 2027 (2.0% Salary Increase)

JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2000 L Accountant I N 45.2075 47.1458 49.0541 51.1021 53.3597 0 0 2002 L Accountant II N 56.3613 58.8215 61.4808 64.1198 66.9254 0 0 2088 L ADA Program
Coordinator N 61.9992 65.2411 68.4831 71.7252 74.9671 0 0 2009 L
Applications
Programmer
Analyst I
N 54.8076 57.1441 59.7092 62.3392 65.0346 0 0
2010 L
Applications
Programmer
Analyst II
N 59.8070 62.4479 65.2629 68.2079 71.2948 0 0
2012 L Architect E 67.9908 71.2405 74.6854 78.2717 81.9777 0 0 2030 L Assistant Architect E 58.2746 60.9372 63.8499 66.9584 70.2511 0 0 2034 G1
Assistant
Environmental
Health Specialist
N 0.0000 0.0000 47.8957 50.4604 52.4706 0 0
9012 L Assistant Inspector N 43.4607 45.3448 47.4047 49.4029 51.5600 0 0 2038 L
Assistant
Management
Analyst
N 45.1787 47.1351 49.0471 51.0689 53.3297 0 0
5004 G1 Assistant Mental
Health Clinician N 38.0166 39.3640 40.6251 42.0487 44.1682 0 0 2042 L Assistant Planner N 45.4608 47.4607 49.3737 51.4603 53.6883 0 0 2018 L
Associate
Management
Analyst
N 56.3613 58.8214 61.4808 64.1198 66.9255 0 0
2022 L Associate Planner N 54.8948 57.3182 59.6439 62.3065 65.1648 0 0 2052 L Auditor I N 45.2075 47.1458 49.0541 51.1021 53.3597 0 0 2054 L Auditor II N 56.3613 59.0206 61.5438 64.1929 66.9255 0 0 2056 IA Automation
Librarian N 54.6340 57.1768 59.8721 62.7412 65.8171 0 0 2058 G1 Behavioral Health
Clinician I E 48.3647 50.3929 52.4607 54.5691 56.7270 0 0 2060 G1 Behavioral Health
Clinician II E 53.2702 55.3882 57.5759 59.8738 62.2216 0 0 3000 L Building Inspector I
(Certified) N 53.6555 55.9813 58.5244 60.9913 63.6542 0 0 3004 L Building Inspector II N 55.2856 57.6771 60.2961 62.8390 65.5889 0 0 3005 L Building Inspector II
(Certified) N 57.5139 59.9810 62.7089 65.3609 68.2189 0 0 3008 L Building Plans
Examiner N 57.5139 59.9810 62.7089 65.3609 68.2189 0 0
2066 L Buyer N 48.3305 50.4822 52.4821 54.6773 57.0354 0 0 9000 IA
Central Library
Circulation
Supervisor
N 42.7875 44.6022 46.5263 48.5368 51.0580 0 0
2070 G1 Clinical Psychologist E 58.9267 61.2198 63.6431 66.1324 68.7947 0 0

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JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 3015 L Code Enforcement
Officer I N 42.4942 44.4722 46.5368 48.7110 50.9927 0 0 3014 L Code Enforcement
Officer II N 51.5908 53.8187 56.2638 58.6332 61.2087 0 0 2073 L
Community
Development
Project Coordinator
E 58.6874 61.5022 64.5348 67.6972 70.9576 0 0
5012 G1 Community Health
Worker N 0.0000 35.0171 35.8102 36.7016 38.5165 0 0
5014 G1 Community Health
Worker Specialist N 38.0166 39.3640 40.6251 42.0487 44.1682 0 0 2074 L Community Services
Specialist I N 45.2075 47.1458 49.0541 51.1021 53.3597 0 0 2076 L Community Services
Specialist II N 56.3613 58.8214 61.4808 64.1198 66.9255 0 0 2096 L Emergency Services
Coordinator N 56.3633 58.8326 61.4749 64.1166 66.9310 0 0 2100 L
Environmental
Compliance
Specialist
E 61.0429 63.2010 65.5788 68.1963 70.7336 0 0
2104 G1 Epidemiologist N 48.5451 50.9703 53.5170 56.1925 59.0045 0 0 4029 L Field Representative N 0.0000 0.0000 42.1570 43.8634 45.8412 0 0 3022 L Fire and Life Safety
Plans Examiner N 63.3826 66.1212 69.1207 72.0442 75.2395 0 0 7004 L Fire Prevention
Inspector N 51.5908 53.8187 56.2638 58.6332 61.2087 0 0 2109 G1 Hazardous Mat
Specialist II N 61.0458 63.1976 65.5774 68.1969 70.7401 0 0 2106 G1 Hazardous
Materials Specialist I N 53.7532 55.6336 57.7314 60.0246 62.2955 0 0 2110 G1 Health Educator E 53.1754 55.2348 57.3798 59.6198 61.9843 0 0 9013 L Housing Inspector I
(Certified) N 48.2899 50.3831 52.6721 54.8921 57.2887 0 0 3025 L Housing Inspector II
(Certified) N 53.6555 55.9813 58.5244 60.9913 63.6542 0 0 2120 L Information
Systems Specialist N 51.2721 53.4899 55.8774 58.3054 60.8529 0 0 3028 L
Information
Systems Support
Technician
N 42.5594 44.1570 45.7978 47.5152 49.2867 0 0
2124 L Landscape Architect E 65.5750 68.5693 71.8465 75.3645 79.0707 0 0 2127 K1 Legislative Aide N 45.1804 47.4394 49.7674 52.1994 54.7581 57.4435 60.2558 2127 K1 Legislative Aide
(Cont. Step 8 - 14) 63.2063 66.3067 69.5454 72.9569 76.53 80.2873 84.2291 2131 IB Librarian I N 44.1788 46.2764 48.6126 50.7756 52.9709 0 0 2133 IB Librarian II N 48.6126 50.7756 52.9709 55.4378 57.8179 0 0 4037 IB Library Aide N 26.5396 27.8005 28.9961 30.2352 31.0611 0 0 4039 IB Library Assistant N 32.2239 33.6258 35.0930 36.5817 38.2991 0 0

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JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 2135 IA
Library Literacy
Program
Coordinator
N 46.5587 48.6347 50.7538 53.0688 55.3836 0 0
2129 IA
Library Special
Services
Coordinator
E 52.3408 54.8401 57.4922 60.1766 63.0565 0 0
4041 IB Library Specialist I N 36.3755 37.9294 39.5706 41.2444 43.4075 0 0 4043 IB Library Specialist II N 38.2991 40.3532 42.0705 43.8091 46.0050 0 0 6036 G1 Mealsite
Coordinator N 0.0000 0.0000 33.7561 34.5496 35.3752 0 0 9007 G3 Mental Health
Nurse N 73.5153 77.1909 81.0505 85.1028 89.3615 0 0
2139 G3 Advanced Practice
Provider E 78.2200 80.5552 83.8538 87.2916 90.8828 0 0
6040 G1 Mini Bus Driver N 0.0000 0.0000 34.1257 35.4513 36.9080 0 0 2141 G1 Nutritionist E 47.3089 49.1780 51.0364 52.9709 55.1444 0 0 3032 L Permit Specialist N 40.3204 42.2445 44.1353 46.2002 48.3631 0 0 3034 L Planning Technician N 40.5735 42.7104 44.9557 47.3180 49.8052 0 0 2151 G1 Psychiatrist E 134.1173 140.8211 147.8638 155.2609 163.0204 0 0 2153 G3 Public Health Nurse E 71.4871 74.0482 77.0296 80.2461 83.3910 0 0 6047 R1 Recreation Activity
Leader N 0.0000 0.0000 30.0433 33.1030 36.8684 0 0
6048 R2 Recreation Activity
Leader (R2) E 0.0000 0.0000 29.4087 32.2497 35.9585 0 0 2157 G1
Registered
Environmental
Health Specialist
N 54.7587 56.6669 58.8347 61.1528 63.4610 0 0
2159 G3 Registered Nurse E 0.0000 69.2445 71.6361 74.0833 76.7491 0 0 2161 L
Revenue
Development
Specialist I
N 45.2059 47.1509 49.0541 51.1158 53.3611 0 0
2163 L
Revenue
Development
Specialist II
N 56.3633 58.8326 61.4749 64.1166 66.9310 0 0
2169 G1 Senior Behavioral
Health Clinician E 58.1455 60.4938 62.7412 65.2290 67.8765 0 0 3036 L Senior Building
Inspector N 63.3826 66.1212 69.1207 72.0442 75.2395 0 0 3038 L Senior Building
Plans Examiner N 63.3826 66.1212 69.1207 72.0442 75.2395 0 0 5048 G1 Senior Community
Health Specialist N 39.9295 41.3313 42.6573 44.1026 46.3524 0 0 2177 G1
Senior
Environmental
Health Specialist
N 57.5064 59.5241 61.7521 64.2200 66.6375 0 0
4069 L Senior Field
Representative N 0.0000 0.0000 45.6134 47.6240 49.5691 0 0 2181 L
Senior Health
Management
Analyst
N 58.1335 60.9262 63.9041 67.0666 70.2835 0 0

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JOB
CLASS
REP
UNIT

CLASSIFICATION
TITLE FLSA STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP
6 STEP
7 9015 L Senior Housing
Inspector (Certified) N 59.0207 61.5795 64.3769 67.0906 70.0196 0 0 2187 L Senior Information
Systems Specialist N 56.5273 59.0445 61.7025 64.4895 67.3671 0 0 2189 IB Senior Librarian N 50.8299 53.0253 55.3620 57.9053 60.4155 0 0 3042 L Senior Permit
Specialist N 43.6069 45.8042 48.0832 50.4982 53.7222 0 0 2195 L Senior Planner E 63.1218 65.9470 68.9578 71.9900 75.2072 0 0 2197 G3 Senior Public Health
Nurse E 74.4392 77.2932 80.2353 83.6443 86.8587 0 0
6057 G1 Senior Service Aide N 0.0000 0.0000 30.6047 31.7236 32.9845 0 0 6059 G1 Senior Service
Assistant N 0.0000 0.0000 39.0819 40.1034 41.0707 0 0
2199 G1 Social Services
Specialist N 45.2059 47.1507 49.0540 51.1157 53.3610 0 0 6071 R2 Sports Field Monitor
(R2) N 25.6099 0.0000 0.0000 0.0000 0.0000 0 0
6073 R2 Sports Offical (R2) N 25.6099 29.1987 33.4074 37.5634 41.7456 0 0 6073 R1
Sports Official R2
(Non-Career
Intermittent)
N 25.6682 29.9626 34.2567 38.5501 42.8605 0 0
2207 IA Supervising
Librarian E 57.9158 60.6002 63.4587 66.5021 69.7731 0 0 5002 IA Supervising Library
Assistant N 39.2772 40.9075 42.6894 44.5264 48.3378 0 0 4000 G1 Vector Control
Technician N 0.0000 0.0000 40.1348 41.5236 42.8054 0 0

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Exhibit E
NON-CAREER EMPLOYEE PROVISIONS (UNITS G1, G3, AND L)
Section 1 ........... Preamble
Section 2 ........... Recognized Employee Organization
Section 3 ........... No Discrimination
Section 4 ...........Union Security
Section 5 ........... Union Representatives
Section 6 ........... Separability of Provisions
Section 7 ........... Finality of Recommendations
Section 8 ........... Duration
Section 9 ........... Salaries
Section 10 ......... Higher Classification and Temporary Appointments Section 12 ......... Hours and Days of Work
Section 13 ......... Overtime
Section 14 ......... Shift Differential
Section 16 ......... Payroll Errors
Section 15.2 ...... Bilingual Premium Pay
Section 39.1 ...... Personal Conduct
Section 39.2 ...... Use of Automobiles and Parking
Section 52 ......... Layoff

Non-Career Employees - Paid Time Off

A non-career employee who works one thousand forty (1040) hours or more in a calendar year in a classification covered by this Agreement, and is in active employment during December of such year, shall be credited with forty (40) hours of paid time off to be used by such employee in the subsequent calendar year for either paid vacation or paid sick leave. The following conditions shall apply to the use of paid time off:

1. To qualify for paid time off as vacation, the employee must apply in writing, to the employee's Supervisor at least thirty (30) calendar days in advance of the desired time off. The grant or denial of the requested time off shall be in writing and shall be controlled by program considerations as established by the City.

2. To qualify for paid time off as sick leave, the employee must notify the employee's Supervisor of an inability to report for work by reason of illness or injury in advance of the scheduled work.

3. An employee who has credited and unused paid time off shall receive payment for such time upon termination of employment. All credited paid time off not utilized by employees at the end of the calendar year in which the employees are eligible

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to take such time will be paid off at the end of the year as wages and shall not be accumulated from year to year.

Salary Advancement - Non-Career Employees

When a non-career employee has worked two thousand eighty (2080) hours subsequent to July 1, 1983 without terminating his/her service with the City or being terminated from his/her service with the City, such employee shall be moved to the next higher salary step within her/his present classification on the first day of the payroll period following completion of said 2080 hours. Non-career employees shall be eligible for subsequent step increases based on the above 2080 hour formula.

No provision herein shall be interpreted as preventing Department Heads from placing an employee at a higher salary step within a classification at her/his discretion provided the placement is made in accordance with City rules and regulations and standard pay practices.

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Appendix A
SEXUAL HARASSMENT POLICY (OCTOBER 10, 1986)

WHY SHOULD EMPLOYEES BE CONCERNED ABOUT SEXUAL HARASSMENT The City has adopted an Affirmative Action and Equal Employment Opportunity policy that prohibits, not only obvious forms of discrimination based on race, sex, age, religion, color, sexual preference, national origin, ethnicity, handicap/disability, but also the more hidden or subtle forms commonly called Sexual Harassment. Specifically this policy states:

"The City of Berkeley affirms its commitment to enshrine an environment for all employees which is fair, humane and respectful; an environment which supports and rewards employee performance on the basis of relevant considerations such as ability and effort.

Behaviors which inappropriately assert sexuality as relevant to employee performance are damaging to this environment.

The City of Berkeley deplores such conduct as an abuse of authority and thus it is an official City policy that sexual harassment of employees will not be tolerated."

SEXUAL HARASSMENT is detrimental to employee morale and productivity. This type of harassment is not to be tolerated, trivialized, or condoned in any City department or agency.

WHAT TYPE OF BEHAVIOR CONSTITUTES HARASSMENT

Harassment is defined as "to annoy continually or chronically; or to badger." Harassment includes ethnicity or sex-based jokes, racial slurs and unwelcome teasing, posters or pictures hostile to or making fun of a specific class of people, unwanted physical or sexual contact and request for intimate relations. Behavior such as hazing or 'initiation,' which intentionally or unintentionally humiliates or intimidates can also be harassment. Action on the part of the supervisor or co-worker that conditions any employment decision upon an employee's tolerating any harassment or giving sexual favors is a violation of this policy as well as federal and state law.

CAN FRIENDLY INTERACTION AND/OR SEXUAL REFERENCES BE
HARASSMENT?
There is a clear line in most cases between attractiveness to a particular person and unwelcome behavior or pressure for an intimate relationship. The positive exchange of the former situation is not going to be considered harassment; employees are free to form social relationships of their own choosing. However, when one worker is pursuing or forcing a relationship upon another who does not like or want it, regardless of friendly intent, the behavior will be considered harassment and should be stopped.

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IF I'M BEING HARASSED -- OR THINK I AM -- WHAT SHOULD I DO?

First, be "up front," tell the person(s) harassing you that you do not like what they are doing and want them to stop. If you cannot do this by yourself, ask your supervisor or co- worker to be with you when you tell the harasser. You may also contact the Affirmative Action Officer for assistance or advice at any time.

WHY SHOULD I STOP BEING FRIENDLY TO SOMEONE JUST BECAUSE HE OR SHE THINKS I'M HARASSING THEM?
If someone tells you that they do not like something you are saying, stop the harassment immediately. Otherwise, you may face a lawsuit that can run several thousands of dollars in punitive damages (out of your pocket). You may also be subject to City discipline which could include dismissal. Additionally, harassing someone for "turning you in" is called retaliation and is against City policy, state and federal law.

ARE THERE PROTECTIONS AGAINST FALSE CHARGES?

Yes. This kind of situation is serious for everyone involved. The whole situation will be carefully reviewed before any action is taken. The best protection is keeping all conduct free from behaviors that are inappropriate in a work environment.

WHAT RESPONSIBILITIES DO DEPARTMENT HEADS OR SUPERVISORS HAVE? Department heads and supervisors have the responsibility to keep harassment out of their units and to maintain a "bias free" work environment. This means being aware of how people are treating each other and being responsive when issues of harassment are brought to their attention. The Equal Employment Opportunity and Diversity Officer is available to provide guidance, training and assistance as may be required.

IF THE HARASSER DOESN'T TAKE "NO" FOR AN ANSWER OR MY DEPARTMENT HEAD/SUPERVISOR DOES NOT HELP, WHAT THEN?

If the harasser will not stop the harassing actions and the Department Head/Supervisor is unresponsive, a complaint can be filed with the City Equal Employment Opportunity and Diversity Officer. This will be handled with as much confidentiality for all parties as is possible. If attempts to resolve the matter informally are not successful, a formal complaint will be required and confidentiality cannot be maintained. After a thorough review of the situation, recommendations will be made to correct or remedy the matter. You are encouraged to seek the assistance of the Personnel Office as soon as you feel a problem exists. You may call Personnel at 981-6811 for assistance. Complaints may also be filed with the California Department of Fair Employment Opportunity Commission.

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Appendix B

EEO COMPLAINT INVESTIGATION AND RESOLUTION PROCEDURE

Policy: In accordance with EEO principles and the policies of the EEO/Affirmative Action Program, all employment practices, procedures, conditions and decisions shall be based on valid job-related criteria and shall be maintained without discrimination or harassment on the basis of race, color, religion, ancestry, national origin, age, sex, sexual orientation, marital status, political affiliation, physical disability, or medical condition (including cancer and HIV status).

Objectives: The EEO Complaint Investigation and Resolution Procedure shall apply to all City employees who seek redress from any employment practice, procedure, condition or decision which is believed to have been applied to them in a manner inconsistent with EEO principles or in violation of any policy of the EEO/Affirmative Action Program. The objectives of this procedure are as follows:

1. To provide the structure of due process for City employees to use in order to report and seek correction of employment practices, procedures, conditions or decisions which are believed to have been applied to them in violation of EEO principles or any policy of the EEO/Affirmative Action Program;

2. To define appropriate roles, responsibilities and accountability for impartial evaluation, investigation, and revision of practices, procedures or decisions to ensure compliance with EEO principles and EEO/Affirmative Action Program policies;

3. To make City departments more conscious of the EEO concerns and issues, and to improve the capability of departments to appropriately respond to and resolve EEO concerns and issues;

4. To provide the City with the opportunity to identify, evaluate and appropriately respond to EEO concerns and issues in a timely manner at lowest administrative level possible, and to prevent the necessity for outside intervention by courts or EEO regulatory agencies.

Conditions: The following conditions shall apply with regard to the application and administration of the EEO Complaint Investigation and Resolution Procedure:

1. No employee, as a result of his/her participation in the EEO Complaint Investigation and Resolution Procedure, shall be subject to retaliation or reprisal by any other employee which:

a) deprives or tends to deprive him/her of employment opportunities,

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b) has the effect of creating an intimidating, hostile or offensive working environment,
c) has the purpose or effect of unreasonably interfering with his/her work performance,
d) otherwise adversely affects his/her status as an employee.

The City will take severe disciplinary action, up to and including termination, against any employee who violates this condition.

2. All internal complaints that allege violation of EEO principles or EEO/Affirmative Action Program policies, and all responses to such complaints may be handled under the provisions of the EEO Complaint Investigation and Resolution Procedure.

3. The EEO Complaint Investigation and Resolution Procedure is not intended to place any limitation or prohibition on any entitlement to file complaints with the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, or the courts.

4. The EEO Complaint Investigation and Resolution Procedure is not intended to place any limitation or prohibition on any entitlement to file grievances under the provisions of collective bargaining agreements.

5. The EEO Complaint Investigation and Resolution Procedure shall not apply to formal complaints on matters outside the purview of the EEO/Affirmative Action Program.

6. Any corrective or preventative measures undertaken to resolve EEO problems and concerns identified in accordance with this procedure shall be entered into voluntarily by the City of Berkeley as part of its ongoing commitment to the provision of equal employment opportunity. Such action shall not be construed as an admission, nor shall such action imply, that the City of Berkeley engages in or ever has engaged in unlawful discrimination.

7. All investigation reports prepared in accordance with the provisions of the EEO Complaint Investigation and Resolution Procedure shall remain the sole property of the City of Berkeley, and as such shall be established and maintained as confidential material. No persons other than authorized complaint investigators and evaluators shall have any entitlement to access such material. The City of Berkeley will take such steps as necessary to secure appropriate legal remedies in response to any unauthorized duplication, distribution or possession of such material.

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8. Any party who files a complaint under the provisions of the EEO Complaint Investigation and Resolution Procedure shall be entitled upon request to advice, counsel and representation by an authorized agent of his/her bargaining unit throughout the investigation and resolution process.

Informal Resolution Process

The Equal Employment Opportunity and Diversity Officer will be responsible for accepting informal complaints of EEO policy violations, either orally or in writing. Upon this notification, the Equal Employment Opportunity and Diversity Officer will advise the complainant of the steps of the process and his/her right to file civil action, and will perform whatever inquiry is deemed necessary to provide the complainant with an informal analysis of the matter.

If the complainant determines that it is appropriate to pursue the matter, then the Equal Employment Opportunity and Diversity Officer will establish a date to meet with the complainant and the Department Head or the appropriate City official as determined by the City Manager to review the allegations of the complaint. Subsequent to the interview, the Department Head or other appropriate City official will take the following steps.

a) Investigate the complaint allegations with the advice and assistance from the Equal Employment Opportunity and Diversity Officer as necessary.

b) Prepare a written investigative report.

c) Provide copies of the investigation report to the Equal Employment Opportunity and Diversity Officer.
d) Meet with the complainant and the Equal Employment Opportunity and Diversity Officer to discuss the complaint, investigation results, and resolution of the complaint.

The Equal Employment Opportunity and Diversity Officer will engage in any additional inquiry deemed appropriate to bring the complaint to resolution, and will prepare a written statement of agreement that identifies the complaint allegations, summarizes the department's investigation results, identifies the independent assessments of the Equal Employment Opportunity and Diversity Officer, documents any corrective actions to be taken, and documents each area of satisfactory resolution of the complaint that has been agreed to by the complainant.

a) Regardless as to whether the complainant elects to proceed to the next step of the procedure, or elects to engage in civil action or any other legal alternative, all corrective actions identified in the statement of agreement that are to be carried out by any City official shall be implemented.

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b) The Equal Employment Opportunity and Diversity Officer will provide copies of the statement of agreement to the Department Head or the appropriate City Official, and to the complainant.
c) The informal resolution process must be performed in an expeditious manner, not to exceed twenty (20) working days from the date the complaint was submitted.

Formal Resolution Process

1. Complaint Submission. Formal complaints may be initiated upon the failure of the informal process to resolve the complaint. The complaint must be submitted in writing to the Equal Employment Opportunity and Diversity Officer within twenty (20) working days of the date of the termination of the unsatisfactory informal resolution process. The formal complaint should include the following information:
a) description of the activities and circumstances believed to be EEO violations;

b) identification of the complaint allegations that have not been addressed in satisfactory manner by the Department;

c) identification of any policies, practices or procedures believed to have been violated;

d) description of the participants' roles, responsibilities and activities in relationship to the alleged violations;
e) description of desired outcomes, relief, or other corrective measures.

2. Complaint Rejection. When presented with a formal complaint, if it is determined that: (a) the complaint does not fall within the scope of this procedure; (b) the complaint was not filed within the specified time limits; c) the complaint is currently or has been the subject of a lawsuit against the City, or the complaint is currently or has been otherwise under legal review and/or subject to formal resolution by the authority of a court or an EEO regulatory agency including the California Department of Fair Employment and Housing (DFEH), the U.S. Office of Civil Rights (OCR), the U.S. Equal Employment Opportunity Commission (EEOC); (d) a decision has already been made and appropriate steps have been taken by proper authorities; then the Equal Employment Opportunity and Diversity Officer shall take the following steps:
a) Within five (5) working days of the receipt of the formal complaint, the Equal Employment Opportunity and Diversity Officer will submit a written notification of its receipt to the City Manager that recommends rejection of the complaint and provides the reasons.

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b) If the City Manager authorizes rejection of the complaint, then within ten (10) working days from the receipt of the complaint, the Equal Employment Opportunity and Diversity Officer will provide written acknowledgment of its receipt to the complainant, and advise the complainant of its rejection, the reasons and his/her right to file civil action.

c) If the City Manager does not authorize rejection of the complaint then the Equal Employment Opportunity and Diversity Officer will proceed in accordance with the complaint investigation in accordance with the Complaint Acceptance provisions of this procedure.

3. Complaint Acceptance . When presented with a formal complaint, and after determining that (a) the complaint falls within the scope of this procedure, and (b) the complainant has satisfied the requirements of pre-complaint processing, the Equal Employment Opportunity and Diversity Officer shall take the following steps:

a) Within ten (10) working days of the receipt of the formal complaint, provide written acknowledgment of its receipt to the complainant, and advise the complainant of the steps of the process and his/her right to file civil action.

b) Within ten (10) working days of the receipt of the formal complaint, provide written notification of the acceptance of the complaint to the City Manager, the Department Head or other appropriate City official, and the Chair of the Personnel Board Affirmative Action Subcommittee.

c) Within twenty (20) working days of the receipt of the formal complaint, (a) conduct a formal investigation of the allegations of the complaint, (b) submit a comprehensive investigation report with results, conclusions and recommendations to the City Manager, the Department Head or other appropriate City official, and the Chair of the Personnel Board Affirmative Action Subcommittee.
d) Within twenty-five (25) working days of the receipt of the formal complaint, meet with the City Manager, Department Head or other appropriate City official, and the Chair of the Personnel Board Affirmative Action Subcommittee to: (1) review the results of the investigation; and (2) discuss and document any corrective actions and/or preventative measures to be taken, including roles, responsibilities, implementation time lines, and evaluation criteria.

e) Within thirty (30) working days of the receipt of the formal complaint, provide a formal written response to the complainant that (1) identifies the allegations of the complaint; and (2) summarizes the overall results of the investigation, and any corrective or preventative measures to be taken as appropriate.

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4. Complaint Investigation. The formal investigation and written investigation report shall include the following elements:

a) Review and evaluation of the activities and circumstances alleged to be EEO violations;

b) Review and evaluation of the applicable policies, practices, and procedures;

c) Review and evaluation of the participants' roles, responsibilities and activities in relationship to the alleged violations;

d) Review and evaluation of other relevant documentation that may include personnel files, disciplinary, performance, payroll or related records; e) Assessment of the extent to which allegations are supported by the evidence;
f) Identification of corrective, preventative and other appropriate measures recommended to resolve the problem (including roles, responsibilities, timetables and other relevant considerations).

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Appendix C

CITY OF BERKELEY

ADMINISTRATIVE REGULATIONS

A.R. NUMBER: 2.4
EFFECTIVE DATE: August 17, 1994
REVISED DATE: June 5, 1995
PURPOSE:

To set forth policy and procedure for the implementation and administration of Family Care Leave as required by the Federal Family and Medical Leave Act, and the California Family Rights Act, and to incorporate the separate City of Berkeley Parental Leave Policy under a comprehensive Family Care Leave program.

POLICY:

It is the policy of the City to extend the full benefits of family care leave to any permanent career employee who has a minimum of one (1) year career service with the City of Berkeley, and limited benefits to qualified temporary employees as defined herein.

Employees eligible for parental leave shall be entitled to a maximum of one (1) year of leave for the birth or adoption of a child who is five (5) years of age of younger. Employees eligible for family care leave under state and federal law are eligible for twelve (12) weeks of leave for the birth or adoption of a child or for the placement of a child with the employee for foster care, to care for a family member with a serious health condition, or to care for the employee's own serious health condition. Leaves under this provision may not be combined to yield a larger amount of leave than the stated maximums. Time away from work on parental leave shall be deducted from the amount permitted for medical leave, and time away from work on medical leave shall be deducted from the amount permitted for parental leave.

PROCEDURE:

Parental Leave

There are two types of parental leave described in this regulation. The first kind of parental leave is a one-year parental leave policy provided by the City of Berkeley's personnel rules and regulations. Not all City employees will qualify for this benefit. The second kind of parental leave is a twelve-week parental leave required by state and federal law which respectively are called the California Family Rights Act and the Family and Medical Leave Act of 1993. Some employees who do not qualify for the City's one- year parental leave policy may qualify under state and federal law for the twelve-week parental leave.

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A. City of Berkeley Personnel Rules

1. Any employee with one (1) or more years of benefited employment with the City of Berkeley shall be entitled to up to one (1) year of parental leave as provided in the City's personnel rules as follows:

a. The birth of a child of the employee, or the adoption of a child who is five (5) years of age or younger by the employee.

b. Leave for the birth or adoption of a child must commence no later than thirteen (13) months from the date of birth or adoption and must conclude no later than twenty-five (25) months from the date of birth or adoption.

Leave may begin before the date of birth or adoption upon presentation of medical certification of pregnancy, or the presentation of legal evidence of adoption. Leave may be taken intermittently upon mutual agreement between the employee and the department director.
c. Employees exercising their rights under this provision must provide the department director at least thirty (30) calendar days written notice prior to the anticipated commencement date of parental leave.

d. At the employee's option, the employee may be placed on authorized leave without pay or may be compensated during parental leave with their accumulated sick leave (up to a maximum of two hundred (200) days), and all other accrued leaves. Such accrued leave balances will be paid in the same manner as if the employee were absent due to illness or on vacation during the leave. Upon exhausting all employee designated leave balances, the employee will be on unpaid status for the remainder of the leave.

e. During approved parental leave, after all accrued leaves are exhausted, the City will maintain life and health insurance coverage for the duration of the parental leave subject to any regular participation requirement of the employee.
f. In the event both parents are employed by the City of Berkeley, both employees may take parental leave simultaneously if eligible. g. Approved parental leave shall not be deducted from the employee's seniority service date.

B. State and Federal Law

1. Employees who are not eligible for the one-year parental leave benefit under the City of Berkeley's personnel rules may still qualify for up to twelve (12) weeks of parental leave in a twelve-month period under state and federal law. In addition,

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 135

while the City of Berkeley's one-year parental leave policy does not cover placement of a child with the employee for foster care, the state and federal law does provide leave for foster care. In order to qualify for parental leave under federal and state law, employees must have at least one (1) year of continuous service with the City and also have worked at least 1,250 hours in the twelve (12) months preceding the leave. This includes non-career hourly employees. Eligible employees may be entitled to a leave of absence of up to a maximum of twelve (12) weeks in a twelve-month period as follows:

a. Upon the birth of the employee's child, the adoption of a child by the employee or placement of a child with the employee for foster care; b. Leave may begin before the date of birth, adoption or foster care upon presentation of medical certification of pregnancy, the presentation of legal evidence of adoption, or presentation of documentation requiring state action for foster care. Leave may be taken intermittently upon mutual agreement between the employee and the department director, but under no condition may intermittent leave extend the period of parental leave beyond the one (1) year period in which the maximum twelve (12) weeks of leave is permitted to be taken under state and federal law.

c. Employees exercising their rights to parental leave under state and federal law must provide the department director at least thirty (30) calendar days written notice prior to the anticipated commencement date of parental leave.

If the need is such that 30 days' notice cannot be provided, the request must be made as soon as possible.
d. All parental leaves of absence under federal and state law are unpaid unless an employee has accrued leave. All accrued sick leave, vacation leave, compensatory leave, and/or administrative leave must be used before being placed on leave without pay.

e. During an approved parental leave under federal and state law, the City will maintain life and health insurance coverage for the duration of the twelve- week parental leave subject to any regular participation requirement of the employee.

f. In the event both parents are employed by the City of Berkeley, both employees may take parental leave simultaneously if eligible.

g. Approved parental leave shall not be deducted from the employee's seniority service date.

Medical Leave

1. Eligible employees shall be granted medical leave as follows:

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 136

a. Up to twelve (12) weeks of leave in a twelve-month period to care for a family member with a serious health condition, or to care for the employee's own serious health condition that prevents the employee from performing their job.
b. For the purposes of this provision, a family member is defined as a biological child, adopted or foster child, stepchild, legal ward of an employee, biological parent, step-parent, adoptive parent, legal guardian, grandchild or grandparent in families where no parents are present, spouse or domestic partner. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition requiring either inpatient treatment at a hospital, hospice, or residential care facility or continuing treatment by a health care provider that prevents the employee from performing their job.

c. Employees exercising their rights under this provision must provide the department director at least thirty (30) calendar days written notice prior to the anticipated commencement date of medical leave. If the leave is unforeseen, the employee shall provide the department director written notice of leave as soon as is practicable. When medically necessary, leave may be taken intermittently or on a reduced work week schedule, however the employee must schedule the leave so as not to unduly disrupt the department director operations. The City may transfer an employee to another position which would better accommodate the requirements of the City's operations.
d. At the commencement of medical leave, the employee must first use accrued sick leave, and then must use all other accrued leaves. Employees may not use greater than twelve (12) days of their sick leave to care for a family member. Such accrued leave balances will be paid in the same manner as if the employee were absent due to illness or on vacation during the leave. Upon exhausting all leave balances, the employee will be on unpaid status for the remainder of the leave.

e. During approved medical leave, after all applicable leaves are exhausted, the City will maintain life and health insurance coverage for the duration of the leave subject to any regular participation requirement of the employee.

f. The foregoing leave shall be granted upon medical certification that the employee has a serious health condition, or the employee is needed to care for a family member suffering from a serious health condition. Additional medical opinions may be required (at the City's expense) and a fitness for duty report to return to work.

g. Approved medical leave shall not be deducted from the employee's seniority service date.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 137

2. Non-career hourly employees shall be eligible for up to twelve (12) weeks of medical leave if they have a minimum of one (1) year of service and have worked at least 1,250 hours during the previous twelve (12) months.

Implementation of Family Care Leave

1. Employees requesting family care leave must submit completed Request For Family Care Leave form (designating either parental or medical leave), or if leave is unforeseen, call their supervisor to obtain the form.

a. If parental leave is requested, employee must provide medical certification of pregnancy, legal evidence of adoption, or evidence of State authorized foster care.

b. If medical leave is requested to care for the employee's own serious health condition, the department shall require the employee to submit the City of Berkeley Medical Certification form completed by the employee's personal physician.

c. If medical leave is requested to care for a family member, the employee must submit City of Berkeley Medical Certification form indicating that the employee is needed to provide care for family member.

3. Employees may only be granted intermittent parental leave upon mutual agreement between the employee and the Department / City.

4. Intermittent leave must be granted for medical leave to care for the employee's own serious health condition provided the employee schedules leave so as not to unduly disrupt the department's operational needs.

5. Upon receiving documented leave requests, the departmental payroll clerk will conduct an audit of the employee's file and time cards for previous 12 months to confirm that the employee is eligible for family care leave, and to determine amount of leave employee can use.

6. Upon verification of employee eligibility, ACM / Department Director will approve family care leave for a specific time period and forward the leave application to Human Resources Director and City Manager for authorization.

7. The department will prepare the necessary payroll forms and employee transaction form to document the family care leave, and to ensure that the employee receives compensation, if applicable, and that all paid leaves are exhausted, as appropriate, prior to placing the employee on leave without pay.

2024-2027 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley

Appendix D

Side Letter: Resolution of Pending Unfair Labor Practice Charges and Grievances

Within 30 days of ratification by the Union and approval by City Council, career full-time employees (which for the purposes of this Section only shall include career employees who regularly work 30 or more hours per week) will be paid a one-time lump-sum of four hundred dollars ($400) to resolve all pending Unfair Labor Practice charges and group grievances filed by the Union. All such Unfair Labor Practice charges and grievances will be held in abeyance until the time of payment, and the Union will withdraw all such charges and grievances within 10 days after payment. This agreement shall not apply to the pending grievance entitled Benefits for Part Time Workers filed on August 26, 2023.

Memorandum
Agreement
between
City of Berkeley
and

Service Employees International Union
Local 1021
Community Services
&
Part-Time Recreation Leaders Association
June 27, 20241, to June 26, 20274

INTENTIONALLY LEFT BLANK

RESOLUTION NO. 69,990-N.S.

TENTATIVE MEMORANDUM AGREEMENT: SERVICE EMPLOYEE INTERNATIONAL UNION LOCAL 1021 COMMUNITY SERVICES UNIT AND PART-TIME RECREATION

LEADERS ASSOCIATION
WHEREAS, the City is obligated under the provisions of California Government Code Section 3500 - 3510, commonly referred to as the Meyers-Milias-Brown Act, to meet and confer in good faith and attempt to reach agreement with representatives of recognized bargaining units on matters within the scope of representation including, but not limited to wages, hours and other terms and conditions of employment; and WHEREAS, representatives of the City of Berkeley Negotiating Team and Service Employees International Union Local 1021 Community Services Unit And Part-Time Recreation Leaders Association have met and conferred in good faith and have reached agreement on a new Memorandum Agreement that incorporates all changes and modifications in wages, hours and other terms and conditions of employment agreed to by the parties.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute the new Memorandum Agreement for the period June 27, 2021 through June 26, 2024 with the Service Employees International Union Local 1021 Community Services Unit And Part-Time Recreation Leaders Association, including changes in certain benefits on dates specified in the Memorandum Agreement which is attached hereto, made a part hereof and marked Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute and implement said Memorandum Agreement including all changes in wages, hours, and other terms and conditions of employment. A fully executed original of said contract is filed in the Office of the City Clerk.

The foregoing Resolution was adopted by the Berkeley City Council on July 29, 2021 by the following vote:

Ayes:

Noes:

Bartlett, Hahn, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

None.

Absent: Droste and Harrison.

Jesse Arreguin, Mayor

Attest:

Resolution No. 69,990-N.S. Page 1 of 1

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TABLE OF CONTENTS
ARTICLE 1 - ADMINISTRATION .................................................................................... 1 SECTION 1: PREAMBLE ..................................................................................................................... 1 SECTION 2: RECOGNIZED EMPLOYEE ORGANIZATION ................................................................ 1

2.1 Representation ................................................................................................................. 1

2.2 City Management ............................................................................................................. 2 SECTION 3: NO DISCRIMINATION ..................................................................................................... 2 SECTION 4: UNION SECURITY ........................................................................................................... 2

4.1 Authorization of Payment of Dues .................................................................................... 2

4.2 Deduction of Union Dues.................................................................................................. 2

4.3 Indemnification ................................................................................................................. 3

4.5 Reports ............................................................................................................................34

4.6 New Hire Information ........................................................................................................ 4

4.7 Orientation Meetings ........................................................................................................ 4

4.7.1 New Employee Orientation ............................................................................................. 4

4.8 Elected Official/Steward Leave Without Pay ................................................................... 65

4.9 Union Member Leave ....................................................................................................... 6 SECTION 5: UNION REPRESENTATIVES .......................................................................................... 6

5.1 Attendance at Meetings .................................................................................................... 6

5.2 Negotiations .................................................................................................................... 76

5.3 Notification ....................................................................................................................... 76

5.4 Bulletin Boards ................................................................................................................. 7

5.5 Field Representative ......................................................................................................... 7

5.6 Employee Release Time .................................................................................................. 7

5.7 Employee Witness ........................................................................................................... 87

5.8 List of Representatives .................................................................................................... 87

5.9 Use of City Facilities ........................................................................................................ 87

5.10 City Manager Monthly Meetings ....................................................................................... 8

5.11 Agreement Orientation Sessions ...................................................................................... 8

5.12 Possible Grievance Release Time ................................................................................... 8

5.13 Steward Council .............................................................................................................. 98

5.14 Investigatory Meetings .................................................................................................... 98

5.15 Union Business Release Time ......................................................................................... 98 SECTION 6: SEPARABILITY OF PROVISIONS .................................................................................. 9 SECTION 7: FINALITY OF RECOMMENDATIONS .......................................................................... 109

7.1 Limited Reopener ............................................................................................................ 10 SECTION 8: DURATION ................................................................................................................... 109 ARTICLE 2 - SALARIES, HOURS OF WORK AND COMPENSATION ISSUES ....... 110 SECTION 9: SALARIES .................................................................................................................... 110

9.1 Confidential Classifications ............................................................................................ 112

9.2 Salaries ......................................................................................................................... 112

9.3 Maximum Salary Rate ................................................................................................... 112

9.4 Step Increase for Unit R-2 Employees .......................................................................... 123

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SEIU Local 1021 Community Services & PTRLA City of Berkeley ii

9.5 Workers’ Compensation for Unit R-2 Employees ............................................................ 13

9.6 Y-Rate ............................................................................................................................. 13

9.7 Pay Frequency ................................................................................................................ 13

9.8 Step Increases ................................................................................................................ 13

9.9 End of Year Pay Period ................................................................................................. 143

9.10 Effective Date of Salary and Benefit Adjustments ........................................................... 14

9.11 Equity Studies ................................................................................................................. 14

9.12 Study Classifications ..................................................................................................... 194

9.13 ICC Differentials ............................................................................................................ 194

9.139.14 ...................................................................................................................................................... Venipun cture Educational Incentive Pay

9.14 .................................................................................................................................... Supervi sing Library Assistant ...................................................................................................... 19

9.15 Senior Permit Specialist .................................................................................................. 19

9.169.15 ...................................................................................................................................................... Living WageVenipuncture Educational Incentive Pay ............................................................ 1920

9.17 .................................................................................................................................... Library Page and Sports Monitor Pay ......................................................................................... 20

9.189.16 ...................................................................................................................................................... Psychi atrist Board Certification Educational Incentive PayLiving Wage ................................... 20

9.17 Steps for Sports Field MonitorsPsychiatrist Board Certification Educational Incentive Pay20

9.18 Steps for Recreation Activity Leaders ............................................................................... 20

9.19 SECTION 10: HIGHER CLASSIFICATION AND TEMPORARY APPOINTMENTS ........................... 210

10.1 Temporary Appointment Duration ................................................................................. 210

10.2 Backfilling Temporarily Vacated Position ........................................................................ 21

10.3 Fringe Benefits for Employees in Temporary Positions ................................................... 21

10.4 Temporary Vacancy ........................................................................................................ 21

10.5 Maximum Consecutive Temporary Appointment ........................................................... 221

10.6 Filling of Positions through Competitive System ........................................................... 221

10.7 Working in Higher Classification ...................................................................................... 22

10.8 Training for Supervisory Position ..................................................................................... 22

10.9 Notification of Change in Classification Duties and Responsibilities ............................... 22

10.10 Notification of New Classification................................................................................... 232

10.11 Desk Audits ................................................................................................................... 232

10.12 Temporary Appointments Notification ............................................................................. 23

10.13 Continuous Eligibility ....................................................................................................... 23

10.14 Project Based Position Employee ................................................................................. 243 SECTION 11: CONTRACTING OUT ....................................................................................................... 24 SECTION 12: HOURS AND DAYS OF WORK ..................................................................................... 24

12.1 Rules ............................................................................................................................... 24

12.2 Flexible Work Schedule ................................................................................................. 264

12.3 Work Week .................................................................................................................... 264

12.4 Lunch and Rest Periods ................................................................................................ 264

12.5 Sunday and Graveyard Shifts ....................................................................................... 265

12.6 Shift Assignments .......................................................................................................... 265

12.7 Library Flex Time ........................................................................................................... 275

12.8 Daylight Saving Time..................................................................................................... 275 SECTION 13: OVERTIME ................................................................................................................... 276

13.1 Overtime ........................................................................................................................ 276

13.2 Department Head Discretion ......................................................................................... 286

13.3 Final Compensation ...................................................................................................... 286

13.4 Workweek ..................................................................................................................... 286

13.5 Emergency Call Back .................................................................................................... 287

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SEIU Local 1021 Community Services & PTRLA City of Berkeley iii

13.6 Standby Pay .................................................................................................................. 287

13.7 Compensatory Time Off .............................................................................................. 3027

13.8 Natural Disaster/Declared Emergency ........................................................................ 3028 SECTION 14: SHIFT DIFFERENTIAL ............................................................................................... 3028

14.1 Shift Differential ........................................................................................................... 3028

14.2 Sunday Shift for Career Library Employees ................................................................ 3128

14.3 Sunday Shift for R-1 and R-2 Employees .................................................................... 3128

SECTION 15: PREMIUM PAY .............................................................................................................. 3128

15.1 Library-SupervisorLibrary Supervisor-In-Charge ............................................................ 3128

15.2 Bilingual Premium Pay ................................................................................................... 3129

15.3 Longevity Pay ................................................................................................................. 320

15.4 Senior Information Systems Specialist Educational Incentive ........................................ 320

15.5 Recreation Activity Leaders Personal Care Services Differential ................................... 320

15.6 Hazardous Substance Special Assignment Pay ............................................................ 320

15.7 Substance Abuse Counselor Differential

15.615.8 .................................................................................................................................................. Training Differential
SECTION 16: PAYROLL ERRORS ...................................................................................................... 331 ARTICLE 3 - LEAVES ................................................................................................... 353 SECTION 17: VACATION .................................................................................................................... 353

17.1 Entitlement ..................................................................................................................... 353

17.2 Vacation Approval .......................................................................................................... 353

17.3 Accrual ........................................................................................................................... 364

17.4 Accrual, Use, and Limitations for Employees ................................................................. 364

17.5 Effect of Holidays upon Vacation Leave ......................................................................... 365

17.6 Maximum Vacation Accumulation .................................................................................. 375

17.7 Return from Leave .......................................................................................................... 385

17.8 Computation of Vacation Leave upon Termination, Extended Military Leave or Other Extended Leave of Absence Without Pay
....................................................................................................................................... 38 5 17.9 Public Health Classifications Vacation Accrual .............................................................. 396

17.10 Mental Health Classifications Vacation Accrual ............................................................. 397

17.11 Library Classifications Vacation Accrual ......................................................................... 4037

17.12 Vacation Without Pay ..................................................................................................... 4038 SECTION 18: HOLIDAYS ..................................................................................................................... 4038

18.1 Recognized Holidays ...................................................................................................... 4138

18.2 Floating Holidays ............................................................................................................ 4138

18.3 Use of Floating Holidays ................................................................................................ 4138

18.4 Holidays for Employees with Schedules other than Monday through Friday .................. 4138

18.5 Work on a Holiday .......................................................................................................... 4139

18.6 Holiday for Part-Time Employees.................................................................................... 4339

18.7 Paid Status ..................................................................................................................... 4339

18.8 Holidays for Legislative AssistantLegislative Aide Classification Only ........................... 4339

18.9 Holiday Pay In Lieu of Recognized Holidays ................................................................. 40

18.8 ................................................................................................................................

SECTION 19: SICK LEAVE .................................................................................................................. 4340

19.1 Eligibility ......................................................................................................................... 4340

19.2 Accrual ........................................................................................................................... 4340

19.3 Part-Time Accrual ........................................................................................................... 4540

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SEIU Local 1021 Community Services & PTRLA City of Berkeley iv

19.4 Maximum Accumulation ................................................................................................. 4540

19.5 Purpose of Sick Leave ................................................................................................... 462

19.6 Notification ...................................................................................................................... 472

19.7 Leave Without Pay ......................................................................................................... 472

19.8 Control ............................................................................................................................ 472

19.9 Sick Leave Bonus ........................................................................................................... 472

19.10 Voluntary Leave Exchange for Catastrophic Illness ....................................................... 473

19.11 401(a) Termination Savings Plan ................................................................................... 483

19.12 Family Friendly and Environment Friendly Workplace… ................................................. 484

19.13 Additional Emergency Paid Sick Leave Allocation ......................................................... 49 SECTION 20: WORKERS’ COMPENSATION LEAVE AND SALARY CONTINUATION ................... 494

20.1 Workers’ Compensation ................................................................................................. 494

20.2 Salary Continuation ........................................................................................................ 494

20.3 Salary Continuation Calculation (Gross/Net) Pay ........................................................... 5045 SECTION 21: BEREAVEMENT LEAVE ............................................................................................... 5045

21.1 Benefit and Covered Individuals ..................................................................................... 5045

21.2 Bereavement Leave for Part-Time Employees............................................................... 5145 SECTION 22: MILITARY AND MARITIME LEAVE .............................................................................. 5145 SECTION 23: FAMILY CARE LEAVE .................................................................................................. 5145 SECTION 24: LEAVE OF ABSENCE WITHOUT PAY ......................................................................... 5245

24.1 Approval ......................................................................................................................... 5245

24.2 Approval for Legislative AssistantLegislative Aide Classification ................................... 547

24.3 Right to Return ............................................................................................................... 547

24.4 Sabbatical Leave ............................................................................................................ 547 SECTION 25: JURY DUTY LEAVE ...................................................................................................... 548 SECTION 26: DOMESTIC VIOLENCE LEAVE .................................................................................... 548

26.1 Medical Attention ............................................................................................................ 5548

26.2 Services ......................................................................................................................... 5548

26.3 Counseling ..................................................................................................................... 5548

26.4 Safety ............................................................................................................................. 5549

26.5 Use of Leave .................................................................................................................. 5549

26.6 Confidentiality ................................................................................................................. 5549 SECTION 27: ADMINISTRATIVE LEAVE FOR FLSA EXCLUDED LEG. ASST. CLASS ONLY ....... 5549 ARTICLE 4 - HEALTH AND WELFARE BENEFITS ..................................................... 5750 SECTION 28: HOSPITAL-MEDICAL AND DENTAL COVERAGE ...................................................... 5750

28.1 Medical Coverage .......................................................................................................... 5750

28.2 Meet & Confer ................................................................................................................ 5750

28.3 Health Premium Overpayment Recovery ....................................................................... 5751

28.4 Dental Coverage ............................................................................................................ 591

28.5 Dental Insurance In-Lieu Payments ............................................................................... 591

28.6 Maintenance of Plans ..................................................................................................... 591

28.7 Notice ............................................................................................................................. 591

28.8 Health Insurance In-Lieu Payments Effective May 22, 2016 .......................................... 591

28.9 Effective Date of Benefits ............................................................................................... 6052

28.10 Flexible Spending Account ............................................................................................. 6052

28.11 Vision Coverage ............................................................................................................. 52

28.10 ..............................................................................................................................

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley v

SECTION 29: GROUP LIFE INSURANCE ........................................................................................... 6052 SECTION 30: DEPENDENT CARE ...................................................................................................... 6052 SECTION 31: RETIREE MEDICAL COVERAGE ................................................................................. 6053

31.1 Amendment of Retiree Health Premium Assistance Plan V, effective June 28, 1998, Restated and Amended effective March 22, 2011.
6153

31.2 Eligibility ......................................................................................................................... 6254

31.3 Pre Age 65 Retiree Health Insurance ............................................................................. 6254

31.4 Retiree Benefits for Employees Age 65 and Over .......................................................... 6355

31.5 Termination by City of Retiree Medical Benefit .............................................................. 6355

31.6 Retiree Medical Benefit for Employees Retiring Between the Ages of 50 and 55 .......... 6355

31.7 Employees Retiring with a CalPERS Approved Disability Retirement ........................... 6355

31.8 City Funding of Retiree Health Benefit ........................................................................... 6455 SECTION 32: PROBATIONARY PERIOD ........................................................................................... 657

32.1 Duration .......................................................................................................................... 657

32.2 Nine (9) Month Probationary Period ............................................................................... 657

32.3 Six (6) Month Probationary Period .............................................................................. 6658

32.4 Extension of Probationary Period for Classifications Covered by Section 31.1 ........... 6658

32.5 Extension of Probationary Period for Classifications Covered by Section 32.2 ........... 6658

32.6 Promotion or Provisional Appointment Prior to Completing Probationary Period ........ 6578

32.7 Probationary Performance Evaluations ....................................................................... 6578

32.8 Rejection during Probationary Period .......................................................................... 6759

32.9 Exception to Probationary Period ................................................................................ 6759 SECTION 33: TRANSFER ................................................................................................................. 6589 SECTION 34: PROMOTION .............................................................................................................. 6589

34.1 Filling of Vacancy ........................................................................................................ 6589

34.2 Open, Competitive Examination .................................................................................. 6589

34.3 Interview of City Employee .......................................................................................... 6860

34.4 Promotional Considerations ........................................................................................ 6960

34.5 Waiver of Minimum Qualifications ............................................................................... 6960 SECTION 35: FILLING OF VACANCIES .......................................................................................... 6590 SECTION 36: RESIGNATION ........................................................................................................... 6591 SECTION 37: REINSTATEMENT ...................................................................................................... 7061 ARTICLE 5 - GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE ...............7612 SECTION 38: GRIEVANCE PROCEDURE ....................................................................................... 7612

38.1 Preamble ..................................................................................................................... 7612

38.2 Definitions .................................................................................................................... 7612

38.3 Grievance Procedure .................................................................................................. 7623 SECTION 39: DISCIPLINARY ACTIONS .......................................................................................... 7868

39.1 Preamble ..................................................................................................................... 7868

39.2 Definitions .................................................................................................................... 7969

39.3 Written Reprimand ...................................................................................................... 7969

39.4 Demotion ..................................................................................................................... 7969

39.5 Suspension.................................................................................................................. 8070

39.6 Discharge .................................................................................................................... 8070

39.7 Written Notice of Intent .............................................................................................. 80070

39.8 Disciplinary Appeals .................................................................................................... 8170

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SEIU Local 1021 Community Services & PTRLA City of Berkeley vi

39.9 General Conditions for Disciplinary Appeals ............................................................... 8473 ARTICLE 6 - MISCELLANEOUS TERMS AND CONDITIONS ..................................... 85 SECTION 40: GENERAL PROVISIONS ........................................................................................... 8574

40.1 Personal Conduct ........................................................................................................ 8574

40.2 Use of Automobiles and Parking ................................................................................. 8574

40.3 Part-Time Employees and Prorated Benefits .............................................................. 8675

40.4 Annual Performance Evaluation .................................................................................... 876

40.5 Employee Development and Training Opportunities ..................................................... 876

40.6 Educational Leave ....................................................................................................... 8877

40.7 Assignments for Temporarily Disabled Employees ..................................................... 8978

40.8 State Disability Insurance Integration .......................................................................... 9079

40.9 Health and Safety ........................................................................................................ 9179

40.10 Video Display Equipment ............................................................................................ 9280

40.11 YMCA Group Membership .......................................................................................... 9281

40.12 Internships ................................................................................................................... 9381

40.13 License and Registration Renewal .............................................................................. 9381

40.14 Personnel Files ............................................................................................................... 9382

40.15 Commuter Check Subsidy Benefits ................................................................................ 9482

40.16 Protective Clothing and Shoes ....................................................................................... 9582

40.17 Crimes against Employees ............................................................................................. 9684

40.18 Legal Representation ..................................................................................................... 9684

40.1840.19 .............................................................................................................................................. Traumati c Leave .......................................................................................................................... 84 ARTICLE 7 – RECREATION ACTIVITY LEADERS AND SPORTS OFFICIALS .......... 9786 SECTION 41: RECREATION ACTIVITY LEADERS AND SPORTS OFFICIALS ............................... 9786

41.1 Final Conversion of Last Two (2) Full-Time Recreation Activity Leaders ....................... 9786

41.2 Scheduling for Representation Unit R-1 Employees ...................................................... 9886

41.3 Changes in the Work Schedule ...................................................................................... 9887

41.4 Additional Hours ............................................................................................................. 9887

41.5 Reduction/Elimination of Representation Unit R-2 Hours ............................................... 9988

41.6 Representation Unit R-2 Additional Compensation ........................................................ 9988 SECTION 42: R-1 AVAILABILITY TO WORK SCHEDULED HOURS ................................................ 9988 SECTION 43: ATTENDANCE AT MEETINGS ..................................................................................... 9988

43.1 Staff Meetings ................................................................................................................ 9988

43.2 Center Budget Planning ................................................................................................ 10088 SECTION 44: WEATHER CONDITIONS ............................................................................................. 10088

44.1 Notification when Conditions Known ............................................................................. 10088

44.2 Notification when Conditions are Unknown ................................................................... 10088

44.3 Management Discretion ................................................................................................ 10089

44.4 Cancellation of Shift After Reporting to Work for R-2 Employees Only ......................... 10089 SECTION 45: SUMMER WORK SCHEDULE ..................................................................................... 10089

45.1 Offer of Jobs/Hours ....................................................................................................... 10089 SECTION 46: OVERNIGHT EXCURSIONS ........................................................................................ 10189 SECTION 47: LABOR/MANAGEMENT COMMITTEE ........................................................................ 10189 SECTION 48: INTERNET ACCESS FOR R-2 ..................................................................................... 10189

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SEIU Local 1021 Community Services & PTRLA City of Berkeley vii

SECTION 49: ACCESS TO CITYWIDE TRAINING ............................................................................ 10190 SECTION 50: ACCESS TO INTERVIEWS WITHIN THE DEPARTMENT .......................................... 10190 ARTICLE 8 - RETIREMENT SYSTEMS ...................................................................... 10291 SECTION 51: PUBLIC EMPLOYEES' RETIREMENT SYSTEM ........................................................ 10291

51.1 Participation ................................................................................................................... 10291

51.2 “Classic Employees” Definition ...................................................................................... 10291

51.3 “New Members” Definition ............................................................................................. 10291

51.4 CalPERS Retirement Formula for Members as Defined Under the Public Employees’ Pension Reform Act of 2013 (PEPRA)
...................................................................................................................................... 102 91 51.5 CalPERS Retirement Formula and Employer Paid Member Contribution for Classic Employees, i.e., current employees and future employees who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA)
...................................................................................................................................... 102 91 51.6 New Members Payment of Normal Cost ....................................................................... 10392

51.7 Hourly Rated Employees In Lieu of CalPERS ............................................................... 10392

51.8 Optional Benefits ........................................................................................................... 10392

51.9 Classic Employees’ Pension Contribution ..................................................................... 10493

51.10 New Members’ Pension Contribution ........................................................................ 10493 SECTION 52: PUBLIC AGENCY RETIREMENT SYSTEM ............................................................ 10693

52.1 PARS......................................................................................................................... 10693

52.2 Employee’s PARS Contributions ............................................................................... 10693

52.3 Termination from Employment .................................................................................. 10694 SECTION 53: SUPPLEMENTAL RETIREMENT/DISABILITY INSURANCE PLAN ....................... 10693 SECTION 54: INCREASED HOURS ............................................................................................... 10793 SECTION 55: LIBRARY AIDES ...................................................................................................... 10793

55.1 Minimum Positions .................................................................................................... 10793

55.2 Applicable Provisions ................................................................................................ 10793

55.3 Salary Advancement ................................................................................................. 10895

55.4 Step Increases .......................................................................................................... 10895 ARTICLE 9 - LAYOFF PROCEDURE ........................................................................1096 SECTION 56: LAYOFF ...................................................................................................................... 1096

56.1 Announcement of Layoff ............................................................................................. 1096

56.2 Seniority Service Date ................................................................................................. 1097

56.3 Establishment of Seniority Lists ................................................................................. 11097

56.4 Employee Retreat Rights/Out Placement .................................................................. 11197

56.5 Employee/Union Notification ..................................................................................... 11299

56.6 Flexible Placement Program/Out Placement............................................................. 11399

56.7 Reemployment Lists ................................................................................................. 116102

56.8 Reinstatement List ..................................................................................................... 11703

56.9 Career-Exempt Employees ....................................................................................... 11703

56.10 Appeal Procedures .................................................................................................... 11703

56.11 Reclassification or Reallocation of Positions ............................................................. 11804

56.12 Audit .......................................................................................................................... 11804

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SEIU Local 1021 Community Services & PTRLA City of Berkeley viii

56.13 Layoffs for Term of MOU which Expires June 26, 2021 ................................................ 118 ARTICLE 10 - LEGISLATIVE ASSISTANTLEGISLATIVE AIDES .......................... 11905 SECTION 57: LEGISLATIVE ASSISTANTLEGISLATIVE AIDES.................................................. 11905

57.1 At-Will Status ............................................................................................................. 11905

57.2 Current MOU Provisions Not Applicable to Legislative AssistantLegislative Aides ... 11905

57.3 Salary Range Step Advancement ............................................................................. 12006

57.4 One-Time Accretion Recognition Payment ................................................................... 120 SIGNATURE PAGE ............................................................................................................................ 12107 Exhibit A – Salary Ranges as of August December 8, 20241 ........................................................ 12208 Exhibit B – Salary Ranges as of First Full Pay Period in July 20252 ............................................ 12711 Exhibit C – Salary Ranges as of First Full Pay Period in July 20263 ............................................ 13015 Exhibit D – Salary Ranges as of First Full Pay Period in January 2027Legislative Asst. Salary Ranges as of August 8, 2021, July 2022, and July 2023 ....................................................................................... 13319 Exhibit E – Non-Career Employee Provisions (Units G1, G3, and L) ............................................ 13423 Appendix A ........................................................................................................................................ 13625 Appendix B ........................................................................................................................................ 13827 Appendix C ........................................................................................................................................ 14433 Appendix D .........................................................................................................................................14938

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 1 ARTICLE 1 - ADMINISTRATION

SECTION 1: PREAMBLE
This Memorandum Agreement is entered into pursuant to the Meyers-Milias-Brown Act (Government code, Sections 3500-3511, as amended) and has been jointly prepared by the parties.

The City Manager is the representative of the City of Berkeley, hereinafter referred to as "the City," in employer-employee relations as provided in Resolution No. 43,397-N.S. adopted by the City Council on October 14, 1969.

Service Employees International Union (SEIU) Local 1021, hereinafter referred to as "the Union", is the recognized employee organization for representation Units G-1 (career and non-career health, welfare and social service occupations), G-3 (career and non-career professional nursing classifications), I-A (career supervisory library employees), I-B (career non-supervisory library employees including all Library Aides), L (career and non- career, miscellaneous and administrative employees), R-1 (career benefited, part-time Recreational) and R-2 (non-benefited, part-time Recreational), and L-6 ( Legislative AssistantLegislative Aides). The employee positions in the Representation Units referred to above are set forth in Exhibit A and D. The Union is recognized as the sole representative of employees in positions assigned to these units.

The parties have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of the employees whose positions are within Representation Units G-1, G-3, I-A, I-B, L [CSU0], L-6 [CSLA], R-1 and R-2 [CSPT] and have freely exchanged information, opinions and proposals. The parties have endeavored to reach agreement on all matters relating to employment conditions and employer- employee relations. Those provisions of this Memorandum Agreement applicable to non- career employees in Units G-1, G-3, L [CSU0], L-6 [CSLA], R-1 and R-2 [CSPT] are set forth in Exhibit A attached, and are incorporated as part of this Agreement.

Library and Rent Board employees working in classifications covered by this agreement shall have the same terms and conditions of employment as other City employees covered by this Memorandum Agreement except as specifically modified by this agreement.

This Memorandum Agreement shall be presented to the City Council, Rent Board, and Board of Library Trustees as the joint recommendation of the undersigned.

SECTION 2: RECOGNIZED EMPLOYEE ORGANIZATION

2.1 Representation
The Union is the exclusive representative of all employees within Representation Units G-1 (career and non-career health, welfare and social service occupations), G-3 (career and non-career professional nursing classifications), I-A (career

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 2 supervisory library employees), I-B (career non-supervisory library employees including all Library Aides), L (career and non-career miscellaneous, administrative employees), R-1 (career benefited, part-time Recreational) and R- 2 (non-benefited, part-time Recreational), L-6 (Legislative AssistantLegislative Aides) and shall continue to be recognized as such unless the Union is no longer certified as the recognized employee organization for employees in Representation Units G-1, G-3, I-A, I-B, L, R-1 and R-2, and L-6.

2.2 City Management
The City management retains all traditional rights and responsibilities for the operation of the City.

SECTION 3: NO DISCRIMINATION

The City and Union agree that they will not discriminate against or harass employees based on race, creed, color, ethnicity, ancestry, religion, political affiliation, gender, sexual orientation, age, national origin, marital or domestic partner status, gender identity or gender expression, parental status, pregnancy, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related condition, or any other status protected by applicable state, local or federal law, or protected Union activity. Furthermore, the City and Union agree to comply with all applicable federal, state and local laws pertaining to non- discrimination and equal employment opportunity.

When the City conducts an investigation of a complaint of discrimination or harassment under this policy, the complainant may request the presence of a shop steward or union representative in any meeting related to the investigation. Such request may not be unreasonably denied.

The City of Berkeley Harassment Prevention Policy and Sexual Harassment Policy, as may be amended from time to time to comply with applicable state or federal law, is available on-line on the City’s IntraWeb at CITY OF BERKELEY (berkeleyca.gov) http://www.ci.berkeley.ca.us/, in the Department of Human Resources, or by contacting the City’s Equal Employment Opportunity and Diversity Officer.

SECTION 4:

UNION SECURITY
The City by Resolution No. 68,479-N.S. supports the freedom of all employees to exercise their rights to a voice and dignity on the job through joining together in strong unions.

4.1 Authorization of Payment of Dues
Upon written certification from the Union that it has and will maintain a payroll deduction form for an employee, the City will deduct from the employee’s pay the appropriate dues and contributions as established.

4.2 Deduction of Union Dues

4.2.1 Upon written notification by the Union, the City shall deduct, once monthly,

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 3 the regular and periodic Union dues, voluntary COPE contributions, or insurance premiums as may be specified by the Union. Employees may change union

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 4 insurance deductions no more than twice in any one (1) year period for each policy. Such deductions, together with a written statement of the names and amounts deducted, shall be forwarded promptly by the Union office to the City’s designated representative. COPE deductions, and any special membership assessments as may be specified by the Union under the authority of an authorization card furnished by the Union and signed by the unit member.

4.2.2 Such deductions shall continue unless the employee revokes authorization with the terms of the Union’s authorization form and shall terminate in accordance with the procedure in 4.2.3 below.

4.2.3 Changes to dues and union insurance premiums shall be processed with the same month if received in writing by the City’s payroll representative prior to 5:00pm on the 3 rd day of the same month. Any changes to deductions received in writing by the union after the 3rd of the month shall be processed in the following month.

4.2.4 The City shall remit to the Union the dues and contribution in accordance with the Union’s monthly written report submitted to the City along with a report confirming the deductions consistent with the Union’s written report.

4.2.5 The Union shall provide the City at least 2 months’ notice of any change in the Union’s dues deduction and dues procedures affecting more than 30% of the bargaining unit.

4.2.6 The Union shall not provide the City a copy of the employee’s authorization unless a dispute arises about the existence or terms of the authorization and/or change in deductions requested by the employee.

4.3 Indemnification
The Union shall indemnify and hold the City harmless from any and all claims made by the employee, including but not limited to, demands, fees, reimbursements, suits, judgments, awards, penalties, court costs and attorneys’ fees, or any other action arising from compliance with any provision of Section 4.0 or Section 4.2.

The City shall promptly provide notice to the Union regarding such claims.

4.4 The City shall not deter or discourage employees or applicants from voluntarily authorizing the Union to deduct dues and insurance deductions.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 5 4.5 Reports
The Human Resources Department shall furnish the Union, on a monthly basis, with the name, employee number, date of hire to the unit, salary, classification, work location and home address, work email and personal email and personal cell phone number, if provided by the employee, of all employees who enter the bargaining unit and are subject to this agreement. This shall apply to new hires, returnees from unpaid leaves of more than 30 days, and employees promoted, demoted, or transferred into the bargaining unit.

The City shall furnish the Union, on a monthly basis, with the name, effective date and reason of employees who terminate their employment with the City or who leave the bargaining unit. In addition, the City shall furnish the Union with the name, effective date and duration of any employee granted a leave of absence more than 30 days from her/his employment with the City.

A list of all employees in represented classes shall be provided to the Union each month.

4.6 New Hire Information
The City shall print 75 50 copies and post an electronic copy of the Agreement on the City website. The paper copies should be ready for distribution within 90 days of final ratification.

4.7 Orientation Meetings
A representative of the Union will be given sixty (60) minutes of Union release time per quarter per calendar year to provide information on the Union to employees represented by the Union. The Union shall notify the City of the date, time and location of the quarterly orientation meetings at least one (1) month in advance of the meetings to ensure that departmental managers are able to release employees to attend quarterly orientation meetings. The City shall notify the Union of new employees when they are hired. The Union will provide the City with the names of those employees the Union expects to attend the quarterly meetings at least two (2) weeks in advance of the meeting. Employees attending orientation will also be given sixty (60) minutes of Union release time to attend the scheduled orientation.

4.7.1 New Employee Orientation
This provision shall apply to new hire employees appointed to classifications covered by this agreement and to existing employees newly appointed to classifications covered by this agreement.

4.7.1.1 Onboarding: The parties acknowledge that the City provides a new employee orientation (onboarding) to each new employee hired by the City. As such, the Union will be provided with not less than 10 calendar days’ advanced notice of the time, date, and location of the onboarding of any new employee represented by the Union. The Union will be given 30- minutes at the start of the new

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 6 employee onboarding in a room designated by the City for no more than one (1) representative to present Union membership information. The City representative will excuse him or herselfthemselves during the Union portion of the onboarding. The Union agrees in its portion of the onboarding not to engage in speech that could cause disruption or material interference with City activities.

The City will provide 30 minutes of Union Release Time to the Union representative presenting the Union membership information during the scheduled onboarding. The Union shall provide the Union representative’s immediate supervisor with the Union representative’s name at least five (5) days prior to the onboarding.

The Union representative shall be released for this purpose unless unusual operation needs interfere with such release in which case the Union representative’s immediate supervisor will provide a written explanation of why release could not be approved. If the Union representative is not released due to department operational needs, the Union representative may arrange an alternative date and time to meet with the newly hired employee within the first two (2) weeks of employment, subject to the 30-minutes onboarding and Union Release Time requirements as stipulated above.

4.7.1.2 Information Provided : On a quarterly basis (March, June, September, and December), the City will provide the Union with a digital file via email to the email address designated by the Union.

The Union acknowledges and understands that the City is working diligently and in good faith to update its contact information database functionality to incorporate all the fields of contact information listed below. As a result, the City may not initially be able to provide the employee’s work telephone number, personal phone number, and personal email address until the completion and implementation of the City’s new Enterprise Resource Management Application (ERMA) system.

The City will provide the Union with the following information on file, to the extent the City has it on file:
 Name
 Job Title
 Department
 Work Location
 Home telephone number
 Home address
 Personal cellular telephone number (new hires hired on or after October 1, 2017)
 Work telephone number ( upon implementing ERMA)
 Personal email addresses on file with the City ( upon

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 7 implementing ERMA)

Notwithstanding the foregoing, limited to the express purpose of the requirements of Government Code section 3558 only, an employee may opt out via written request to the City (copy to the Union) to direct the City to withhold disclosure of the employee's: Home address; home telephone number; personal cellular telephone number; personal email address; and date of birth.

4.8 Elected Official/Steward Leave Without Pay
A leave of absence without pay requested in writing at least 30 days in advance shall be granted at the request of an employee who is an elected official or steward of the Union for the purpose of employee's attending a training course sponsored by the Union. By mutual agreement the 30-day time period may be waived. The maximum duration of such leave shall not exceed two (2) consecutive full payroll periods in a calendar year. Conditional upon prior approval of the course content and upon receipt of certification of completion, the City shall reimburse the employee for up to one half of his/her time spent in such training at the employee's permanent rate of pay, not to exceed twenty hours of paid leave in a calendar year.

4.9 Union Member Leave
A leave of absence may be permitted to members of the unit to participate in union projects or internships. Such leave shall be at the discretion of management. The Union shall reimburse the City for salary and associated benefits. The typical duration of these leaves shall be for one to four weeks but may be longer by mutual agreement between the City’s Human Resources Department, the Union and the employee..

SECTION 5: UNION REPRESENTATIVES

5.1 Attendance at Meetings
The City shall allow representatives of the Union reasonable time off from work, without loss of compensation or other benefits to represent its members in disputes which involve the interpretation or application of those rules, regulations, and resolutions which have been or may hereafter be adopted by the City Council, to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by the City Council to effect Memorandum Agreements which may result from the meeting and conferring process, and to represent its members in meeting and conferring in good faith for amendments to this Agreement in the future, subject to the conditions set forth in Sections 5.2 (Negotiations) and 5.3 (Notification).

All release time shall be recorded on time sheets and time cards, with the appropriate code.

Union representatives' workload will be adjusted on the basis of approved release time. Where required, a department head may request budget replacement for this workload adjustment to provide for completion of the authorized workplan.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 8 5.2 Negotiations
With respect to the negotiation --process to develop a subsequent Agreement or revision to this Agreement, ten (10) Union representatives shall be the maximum number of employees who will be allowed concurrent time off. In disputes as defined in Section 5.1, the maximum number allowed concurrent time off shall be two (2), in addition to the grievant. For all other matters, where the participation of the Union is agreed to, the Union may designate one representative from each Unit up to a maximum of six (6).

5.3 Notification
Union representatives shall advise their supervisors at the earliest possible time and, except in emergency cases, no later than 24 hours in advance before leaving their work assignments. In emergency situations which require the immediate attention of said representative, the representative shall notify a supervisor, who is out of the bargaining unit, prior to leaving work. In all cases the Union representative shall notify the supervisor upon his/her return to work. It is understood that representatives will not leave their work assignments without the approval of the supervisor and that such approval shall not be unreasonably denied.

The representatives shall inform their supervisor of their location during release time.

5.4 Bulletin Boards
The City shall provide bulletin board space for Union use at each of its work centers where covered employees are regularly employed.

5.5 Field Representative
The Union's field representative shall be permitted to enter work areas where its members are employed during normal working hours for the purpose of ascertaining whether the terms of this Agreement are being observed, to observe job conditions under which its members are employed, and to assist in adjusting grievances. The Union field representative shall notify the department head or other designated supervisor at the earliest possible time, and at least upon entering such work areas, and shall not interfere with or interrupt the conduct of work in such areas. The Union field representative may confer with employees, including designated Union representatives or stewards.

5.6 Employee Release Time
Reasonable release time without loss of compensation will be provided to an employee for the purpose of appearing at a grievance proceeding when he or she isthey are the principal in such grievance proceeding, provided that the notice requirements set forth in Section 5.3 (Notification) are met.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 9 5.7 Employee Witness
An employee called as a witness in a grievance proceeding shall be given reasonable release time without loss of compensation, provided that his/her release from duty will not adversely affect the operation of his/her department or unit. When such employees desire release time, they must comply with the notice requirements set forth in Section 5.3 (Notification).

5.8 List of Representatives
The Union will provide the City with a list of all Union representatives, stewards, and field representatives, and such list shall be kept current.

5.9 Use of City Facilities
The Union shall be allowed to utilize City facilities for regular meetings on the same basis as every other non-City organization. In accordance with the policy, the Union will be allowed to utilize the Milvia employee's lounge for its monthly meetings subject to whatever conditions are imposed upon all other non-City organizations and so long as there is no conflict with City activities or use of that facility. Should the City, in its discretion, have to discontinue the Union's regular use of the Milvia facility, it will notify the Union. The Union will be allowed to utilize the Central Library Staff Room for meetings so long as the Director of Library Services or her/his designee determines there is no conflict with City/Library activities or use of that facility. The Union will be allowed to utilize a recreation facility room selected by the City for meetings so long as the Recreation Program Director or his or hertheir designee determines there is no conflict with City / Recreation activities or use of that facility. The Union shall notify the City in advance of the dates and times of its meetings.

5.10 City Manager Monthly Meetings
Monthly meetings shall be held between the Union and the City Manager, the Executive Director of the Rent Board and the Director of Library Services.

Release time shall be granted for up to eight (8) Union officials. Agendas for such meetings shall be set one week in advance between representatives of the Union and the City Manager the Executive Director of the Rent Board and the Director of Library Services or their designees. Meetings within departments may be held at the request of either the department head or the Union. The number of attendees and frequency of meeting may be adjusted by mutual agreement.

5.11 Agreement Orientation Sessions
The Union and the City will conduct orientation sessions on the Agreement at least once during the term of the contract. A special session for stewards and supervisors shall also be provided. The Union will designate two representatives to work with Human Resources to do the orientations.

5.12 Possible Grievance Release Time
The City will provide release time up to one (1) hour to Union members to meet with a Union representative for the purpose of discussing a possible grievance.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 10 Such time may be extended by mutual agreement between the City and the Union.

The member shall contact the Chapter President or Chief Steward or other designees who will then contact the supervisor/department director to notify the City of the necessity for the meeting. The release time shall be granted within 24 hours of the request subject to operational necessity.

5.13 Steward Council
The City will provide release time for Union Stewards to attend monthly Steward Council meetings and training sessions. Each Steward shall receive a maximum of four (4) hours per month to attend the meeting. A maximum of twenty-five (25) Stewards shall be released to attend the meeting. The Chapter President or Chief Steward will notify Human Resources in writing at least two (2) weeks in advance with the names of the Stewards attending the monthly meeting. In event there are conflicts in a work schedules that may create problems with a designated Steward attending the meeting, the Chapter President or Chief Steward will work with the affected department supervisor to schedule Steward attendance in a manner which minimizes the disruption of the work.

5.14 Investigatory Meetings
Unless otherwise stated, only two (2) Union Representatives shall be allowed time off to attend investigatory meetings.

5.15 Union Business Release Time
Community Services Unit and the Part-Time Recreation Leaders Association The CSU and PTRLA Units will be entitled to up to two-hundred and forty (240) hours of paid leave of absence each calendar year to be granted collectively to employees in the Community Services Unit and the Part-Time Recreation Leaders Association who are designated elected officials or stewards of the Union, subject to prior approval by employee’s Department Head, to attend seminars, conferences, or conventions away from the job site. The Department Head may, in his or hertheir discretion, approve additional Union requests. Time spent on such Union business will be recorded with the appropriate code on time sheets. A maximum of forty (40) hours of the 240 hours may be used by PTRLA members.

SECTION 6:

SEPARABILITY OF PROVISIONS

In the event that any provisions of this Agreement are declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of this Agreement shall be null and void, but such nullification shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect.

Upon such nullification, at the written request of either party, the City and the Union will meet and confer in a good-faith effort to reach mutual agreement on substitute provisions for such parts or provisions rendered or declared illegal or unenforceable.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 11 SECTION 7:

FINALITY OF RECOMMENDATIONS
The recommendations set forth herein are final. No changes or modifications shall be offered, urged, or otherwise presented by the union or the City Manager prior to July 27, 2020; provided, however, that nothing herein shall prevent the parties to this Agreement from meeting and conferring and making modifications herein by mutual consent.

7.1 Limited Reopener
If during the fiscal year 2020-2021 the City reaches agreement with another bargaining unit or extends to unrepresented employees to confer an across the board Cost of Living Adjustment (COLA) increase and/or an additional City contribution towards medical premiums, the City agrees to a limited reopener to meet and confer with SEIU on these increases.

SECTION 8:

DURATION
This Agreement covers the period of June 27, 2021 June 27, 2024 through June 26, 2024June 26, 2027 . This Agreement shall be effective after Union ratification and approval by the City Council except for those provisions which have been assigned other effective dates as herein set forth, and shall remain in full force and effect to and including June 26, 2024June 26, 2027. New negotiations shall commence no later than sixty (60) days prior to the expiration date of this Agreement. This Agreement and all its rights, obligations, terms and provisions shall expire and otherwise be fully terminated at midnight11:59 PM June 26, 2024June 26, 2027.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 12 ARTICLE 2 - SALARIES, HOURS OF WORK AND COMPENSATION ISSUES

SECTION 9: SALARIES

Effective the first full pay period after ratification and Council approval on its regular agenda, the salary ranges for those classifications covered by this Agreement will receive a salary increase equal to three six percent (63.0%).

Effective the first full pay period in July 20252, the salary ranges for those classifications covered by this Agreement will receive a salary increase equal to three four percent (43.0%).

Effective the first full pay period in July 20232026, the salary ranges for those classifications covered by this Agreement will receive a salary increase equal to one two and a half percent (21.50%).

Effective the first full pay period in January 2027, the salary ranges for those classifications covered by this Agreement will receive a salary increase equal to two percent (2.0%).

Effective the first full pay period after Union ratification and City Council adoption of this successor contract, a one‐time non‐pensionable lump sum payment of $1,000.00 for each non ‐career bargaining unit employee shall be conferred. Eligible employees must be current City employees in paid status for the full pay period this lump sum is conferred and shall not apply to unit members who are in unpaid status. Such payment shall be subject to required payroll tax deductions. The parties agree that this lump sum provision does not create or bind the City to any precedent or past practice.

Effective the first full pay period after Union ratification and Council approval, career full-time employees (which for the purposes of this Section only shall include career employees who regularly work 30 or more hours per week) shall receive a lump sum payment of $1,750 as Pandemic Service Appreciation Pay; all other bargaining unit members shall receive $1,000. This payment shall only be paid to employees who are currently employed as of the date on which the payment is made. This payment shall resolve the Union's pending Unfair Labor Practice Charges, grievances, and requests to meet and confer that pertain to "Hero Pay," and the Union acknowledges that any pending claims to additional "Hero Pay" are hereby resolved. Notwithstanding the foregoing, this agreement does not compromise the pending eligibility determinations for "Hero Pay," pursuant to the original eligibility criteria set for the City's Hero Pay Initiative, for any individuals identified by the Union by November 30, 2024.

Public Health Equity Adjustments:

Effective the first full pay period after ratification, the City will implement an equity increase to the following classifications. Any negotiated percentage across-the-board pay increase will be in addition to equity adjustments below. Employees in the below classifications as of the date of these increases will be placed in their same step on the

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 13 new scale (i.e. an employee on Step 3 will be placed at Step 3 on the new scale).

The City will revise the title, class specification and salary range for the Mid-Level Practitioner classification as follows:

 The Mid-Level Practitioner title will be changed to Advanced Practice Provider  The class specification will be amended to reflect duties consistent with Advanced Practice Providers, including but not limited to the dispensation of medication.
 The salary range will be adjusted to equalize with the salary range for the Supervising Public Health Nurse classification:

Current Salary Range
Step 1 Step 2 Step 3 Step 4 Step 5

0.0000 58.6232 60.5658 62.7721 64.9977

ProposedNew Salary Range
Step 1 Step 2 Step 3 Step 4 Step 5

67.8664 70.5687 73.4858 76.5151 79.6843

Effective the first full pay period after ratification, the City will implement an equity increase to the following classifications:

Public Health Nurse
Current Salary Range
Step 1 Step 2 Step 3 Step 4 Step 5

53.8903 55.8210 58.0685 60.4932 62.8640

ProposedNew Salary Range
Step 1 Step 2 Step 3 Step 4 Step 5

62.5127 64.7524 67.3595 70.1721 72.9222

Mental Health Nurse
Current Salary Range
Step 1 Step 2 Step 3 Step 4 Step 5

57.7875 60.6768 63.7107 66.8961 70.2437

ProposedNew Salary Range
Step 1 Step 2 Step 3 Step 4 Step 5

64.1441 67.3512 70.7189 74.2547 77.9705

Psychiatrist
Current Salary Range
Step 1 Step 2 Step 3 Step 4 Step 5

91.4245 95.9934 100.7908 105.8296 111.1231

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 14 Step 6 Step 7 Step 8 Step 9
116.6776 122.5128 128.6417 135.0709

ProposedNew Salary Range
Step 1 Step 2 Step 3 Step 4 Step 5
116.6793 122.5115 128.6384 135.0738 141.8244

Registered Nurse
Current Salary Range

Step 1 Step 2 Step 3 Step 4 Step 5

0.0000 52.1997 54.0026 55.8474 57.8571

ProposedNew Salary Range

Step 1 Step 2 Step 3 Step 4 Step 5

0.0000 60.5517 62.6430 64.7830 67.1142

Senior Public Health Nurse
Current Salary Range

Step 1 Step 2 Step 3 Step 4 Step 5

59.0183 61.2810 63.6136 66.3164 68.8649

ProposedNew Salary Range

Step 1 Step 2 Step 3 Step 4 Step 5

64.9201 67.4091 69.9750 72.9480 75.7514

9.1 Confidential Classifications
When any of the classifications named in Exhibit “A” of this Agreement are assigned to the following department/divisions, they are designated as confidential and are not represented by a recognized employee organization: City Manager - Administration, City Attorney, Human Resources, and Library - Administration.

9.2 Salaries
Employees occupying a position in the competitive service shall be paid a salary or wage within the range established for that position's class as set forth in Exhibit A of this Agreement as provided in Section 10.1 et seq. and considering Section

48.7 (Hourly Rated Employees in Lieu of CalPERS). The minimum rate for the class shall apply to employees upon original appointment to the position, unless the City Manager or his or hertheir designee approves appointment at a higher step. The reasons for such decision shall be sent to the Union upon request.

Transfers shall not affect an employee's salary rate. Employees appointed to any of the positions set forth in Exhibit A of this Agreement as provided in Section 10.1 et seq. and considering Section 38.7 (Hourly Rated Employees in Lieu of CalPERS), and employed or working on a part-time basis, shall be paid in

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 15 proportion to the time worked and described in their appointment.

9.3 Maximum Salary Rate

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 16 No salary advancement shall be made so as to exceed the maximum rate established for the class to which the advanced employee's position is allocated.

Advancement shall be in accordance with the compensation plan of the City, provided that step increases within the salary range shall occur on the anniversary date of the appointment.

An employee's pay increase shall not be affected by any leave of absence without pay if the employee is off the payroll for less than one hundred sixty consecutive hours. If the employee is off the payroll, one hundred sixty consecutive hours or more the total amount of time off shall be made up before the employee shall be entitled to such pay.

9.4 Step Increase for Unit R-2 Employees
When an employee in Unit R-2 has worked one thousand forty (1040) satisfactory hours without terminating his or hertheir service with the City or being terminated from his or hertheir service with the City, such employee shall be moved to the next higher

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 17 salary step within his or hertheir present classification on the first day of the payroll period following completion of said one thousand forty (1040) hours.

Non-career Unit R -2 employees who become Career Unit R -1 employees will receive their step increase following their appointment to career status after completing the 1040 hours. Subsequently, they will receive step increases on an annual basis from the date of the above increase.

Employees shall receive no more than one (1) step increase in any year.

9.5 Workers’ Compensation for Unit R-2 Employees
An R-2 employee who is entitled to Workers’ Compensation by reason of a job- related injury shall receive up to twelve (12) hours per week credit for time lost by reason of such injury for purposes of the one thousand forty (1040) hours progression only. Lesser credit shall be given to employees who average fewer than twelve (12) hours of work per week based on such actual average.

9.6 Y-Rate
An employee occupying a position which is reallocated to a class, the maximum salary for which is less than the incumbent's present salary, or occupying a position in a class the salary rate or range for which is reduced, shall continue to receive his/her present salary. Such salary shall be designated as a "Y" rate. When an employee on a Y rate vacates his/her position, subsequent appointments to that position shall be made in accordance with Section 9.4 (Salaries).

9.7 Pay Frequency
Payment of salaries herein established shall be bi-weekly. Each pay period shall begin at 12:01 a.m. Sunday to and including 12:00 midnight Saturday two weeks following. Each payment shall be made not later than the Friday following the ending of each payroll period and shall include payment for all earnings during the previous payroll period. The City will initiate a program for electronic deposit of payroll checks with banks and credit unions whenever possible.

9.8 Step Increases
Step increases shall be effective, for payroll purposes only, on the first day of the pay period nearest the date an employee is entitled to a step increase (anniversary date or 1040 hours).

9.9 End of Year Pay Period
For all salary and benefit purposes, the parties agree that the last day of the last pay period ending in the calendar year shall be the end of the year. For excess leave only, the end of the year shall be treated as the last pay period nearest March

31.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 18 9.10 Effective Date of Salary and Benefit Adjustments The City and the Union agree that all future general salary and benefit adjustments shall become effective on the first day of a pay period, unless otherwise mutually agreed.

9.11 Equity Studies
A list of 13 comparison jurisdictions is established for the purpose of salary equity studies: Alameda County, Concord, Contra Costa County, Daly City, Fremont, Hayward, Oakland, Palo Alto, Richmond, San Francisco, San Jose, San Mateo, and Santa Clara County. If at least eight matches are not found for a classification after polling this entire list other jurisdictions may be added as required by agreement between the parties. For Health classifications only, the following jurisdictions shall be surveyed: Alameda County, Alameda Health System, Contra Costa County, San Francisco, San Mateo County, Santa Clara County, Marin County, Sonoma County, and Solano County.

9.11.1 When the City conducts a unitwide total compensation study as part of successor MOU negotiations, the Legislative AssistantLegislative Aide will be studied as a benchmark classification.

9.12 During the term of this Agreement, the City agrees to conduct classification studies on the following classifications: Building Inspector; Housing Inspector; Recreation Activity Leader; and the Management Analyst series represented by this Memorandum Agreement.

9.12 9.12.1 During the term of this Agreement, the City will conduct a classification and compensation study of the Application Programmer Analyst 2 classification. This subsection (9.12.1) will sunset on June 26, 2027.

9.13 ICC Differentials

9.13.1 Payment of Differential for Obtaining and Maintaining ICC Certifications:

Effective November 20, 1994, an employee in one of the classifications named below shall receive a differential to base salary for obtaining and maintaining a valid certification(s) issued by the International Code Council (ICC) or equivalent as determined by the building official. In order to obtain and maintain the differential to base salary, the employee will submit the original certification to the appropriate departmental supervisor who will verify the certification and return it to the employee.

The duration of the differential will correspond to the duration of the ICC certification or equivalent as determined by the building official. The employee is responsible for submitting documentation of renewal of the appropriate ICC certification or equivalent as determined by the building official in order to maintain the differential.

Payment of the differential will be effective at the beginning of the first pay period after the employee submits the ICC certification or equivalent as determined by the building official for verification. The employee shall

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 19 receive the certification based on the specific certification or equivalent as determined by the building official regardless of the order the certification is obtained.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 20 9.13.2 Certified Access Specialist (CASp) Certificate for Senior Building Plans Examiner, Building Plans Examiner, Senior Building Inspector, Building Inspector (Certified) and Building Inspector: An employee in the classifications of Senior Building Plans Examiner, Building Plans Examiner, Senior Building Inspector, Building Inspector (Certified), or Building Inspector, who possesses and maintains a CASp Certificate, shall receive a differential to base salary of three percent (3%) under this section.

The differential provided under this section shall not be subject to the maximum differential to base salary as provided in Section 10.17.3 below.

9.13.3 Senior Building Plans Examiner, Building Plans Examiner, Senior Building Inspector, Building Inspector (Certified) and Building Inspector: An employee in the classification of Senior Building Plans Examiner, Building Plans Examiner, Senior Building Inspector , Building Inspector (Certified) or Building Inspector shall receive a maximum differential to base salary of four percent (4%) under this section.

9.13.3.1 ICC Electrical Inspection Certificate or equivalent as determined by the building official - 3%

9.13.3.1.1 Employees currently receiving a four percent (4%) differential for possession of a valid ICC Electrical
Inspection Certificate or equivalent as determined by the building official will continue to receive the four percent (4%) differential for as long as they remain in either the classification of Senior Building Plans Examiner, Building Plans Examiner, Senior Building Inspector, or Building
Inspector and continue to possess a valid ICC Electrical Inspection Certificate or equivalent as determined by the building official.

9.13.3.2 ICC Mechanical Inspection Certificate - 1%

9.13.3.2.1 Employees in the classification of Senior Building Plans Examiner or Building Plans Examiner currently receiving a one and one-half percent (1½%) differential for possession of a valid ICC Mechanical Inspection Certificate or
equivalent as determined by the building official will
continue to receive the one and one-half percent (1½%)
differential for as long as they remain in the classification of Senior Building Plans Examiner or Building Plans
Examiner and continue to possess a valid ICC Mechanical Inspection Certificate or equivalent as determined by the building official.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 21 9.13.3.3 ICC Plumbing Inspection Certificate or equivalent as determined by the building official - 1%

9.13.3.4 ICC Accessibility Inspector/Plans Examiner Certificate or equivalent as determined by the building official - 1%

9.13.3.5 ICC Plans Examiner Certificate or equivalent as determined by the building official - 1%

9.13.4 The City will pay the cost of the ICC or equivalent examinations for each new certificate listed above that the employee obtains and for the cost of the successful recertification.

9.13.5 Bonus: After December 1, 1998, once the employee has reached the maximum four percent (4%) or equivalent differential payment limit as provided in Sections 9.17.3.1 through 9.17.3.5, the City will pay an employee a one-time bonus of $600 for each new certificate or equivalent as determined by the building official listed above that the employee has attained through examination. This provision will only apply to ICC certificates or equivalent as determined by the building official as notated in Sections 9.17.3.1 through 9.17.3.5 obtained while in the employ of the City of Berkeley. Employees receiving the CASp differential noted in Section

9.17.2 shall not be eligible for the bonus as provided in this Section 9.17.5 (Bonus). If an employee moves to a classification other than those listed in Sections 9.17.2 and 9.17.3, the differential to base salary discussed in this section shall terminate and the certification differential shall not be used as a part of base salary for the purpose of future salary adjustments. If the International Code Council or equivalent certifying agency as determined by the building official changes the requirements of any of the certifications listed above and this change affects an employee in one of the classifications listed above, the parties agree to meet and confer on the impact of the change but only to the extent of the change promulgated by ICC or the equivalent certifying agency.

9.13.6 Housing Inspector and Permit Specialist: An employee in the classification of Housing Inspector or Permit Specialist shall receive a maximum differential to base salary of eight percent (8%) under this section.

9.13.6.1 ICC or equivalent as determined by the building official Building Inspection Certificate - 4%

9.13.6.2 ICC or equivalent as determined by the building official Building Plans Examiner Certificate - 4%

9.13.6.3 ICC or equivalent as determined by the building official Electrical Inspection Certificate - 3%

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 22 9.13.6.4 ICC or equivalent as determined by the building official Mechanical Inspection Certificate - 1%

9.13.6.5 ICC or equivalent as determined by the building official Plumbing Inspection Certificate - 1%

9.13.6.6 ICC or equivalent as determined by the building official Accessibility Inspector/Plans Examiner Certificate - 1%

9.13.6.7 ICC or equivalent as determined by the building official Plans Examiner Certificate - 1%

9.13.6.8 For the classification of Housing Inspector - ICC or equivalent as determined by the building official Rehabilitation and Conservation Inspection Certificate - 2%

9.13.6.9 Effective June 29, 2008, for the classification of Permit Specialist - ICC or equivalent as determined by the building official certificate as a Permit Technician Certificate – 4%.

9.13.7 Housing Inspector (Certified) : An employee in the classification of Housing Inspector (Certified) shall receive a maximum differential to base salary of four percent (4%) under this section.

9.13.7.1 ICC or equivalent as determined by the building official Electrical Inspection Certificate - 3%

9.13.7.2 ICC or equivalent as determined by the building official Mechanical Inspection Certificate - 1%

9.13.7.3 ICC or equivalent as determined by the building official Plumbing Inspection Certificate - 1%

9.13.7.4 ICC or equivalent as determined by the building official Accessibility Inspector/Plans Examiner Certificate - 1%

9.13.7.5 ICC or equivalent as determined by the building official Light Commercial Combination Inspection Certificate - 1%

9.13.7.6 ICC or equivalent as determined by the building official Rehabilitation and Conservation Inspection Certificate - 2%

9.13.7.7 ICC or equivalent as determined by the building official Housing Inspection Certificate – 2%

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 23 9.13.8 Payment of Examinations : The City will pay the cost of the ICC or equivalent examinations for each new certificate listed above that the employee obtains and for the cost of the successful recertification.

9.13.9 Bonus: After December 1, 1998, once the employee has reached the maximum four percent (4%) ICC or equivalent differential payment limit, the City will pay an employee a one-time bonus of $600 for each new ICC or equivalent certificate listed above that the employee has attained through examination. This provision will only apply to ICC or equivalent certificates obtained while in the employ of the City of Berkeley.

If an employee moves to a classification other than those listed above, the differential to base salary discussed in this section shall terminate and the certification differential shall not be used as a part of base salary for the purpose of future salary adjustments. If the International Code Council or equivalent certifying agency as determined by the building official changes the requirements of any of the certifications listed above and this change affects an employee in one of the classifications listed above, the parties agree to meet and confer on the impact of the change but only to the extent of the change promulgated by ICC or equivalent certifying agency.

9.13.10 Fire and Life Safety Plans Examiner and Senior Building Plans Examiner: Effective June 29, 2008, an employee in either the classification of Fire and Life Safety Plans Examiner or Senior Building Plans Examiner shall receive a differential of four percent (4%) to base salary who possess and maintain a valid ICC or equivalent as determined by the building official certificate as a Fire Plans Examiner Certificate.

9.13.11 Hazardous Materials Specialist II:

9.13.11.1 Employees who are hired or promoted into the classification of Hazardous Materials Specialist II on or after September 1, 2005 must first obtain and maintain all necessary certifications and any other International Code Council (ICC) certifications, or equivalent certifications, as required to perform their job responsibilities and as a condition of continued employment.

9.13.11.2 Incumbent Hazardous Materials Specialist II employees who do not possess valid ICC certifications for programs specified in Chapter

6.11 of Division 20 of the California Health and Safety Code are not required to comply with the terms and conditions in the preceding paragraph. Effective September 1, 2005, Hazardous Materials Specialist II’s, who successfully obtain valid certification as a California Underground Storage Tank (UST) Inspector or future certifications, must maintain the certifications as a condition of continued employment.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 24 9.13.11.3 A salary differential for Hazardous Materials Specialist II of two percent (2.0%) of the base rate will be paid to all employees who possess valid certificates necessary for conducting their job.

9.13.11.4 New state-mandated certifications may be added as necessary.

Hazardous Materials Specialist II’s who do not receive the new certification will no longer receive the above 2.0% differential.

9.13.11.5 The classification specification for Hazardous Materials Specialist II is modified to reflect the requirement that possession and maintenance of all certifications necessary for conducting inspections specified in Chapter 6.11 of Division 20 of the California Health and Safety Code and storm water inspections are a condition of continued employment.

9.13.11.6 The City will move to terminate an employee who fails to maintain the ICC certifications. Hazardous Materials Specialist II’s who fail to maintain the certifications will be given reasonable time to recertify.

9.14 Supervising Library Assistant
Effective the first full pay period following SEIU Local 1021 CSU & PTRLA ratification and Council approval of this MOU on its regular agenda in accordance with Brown Act, Step E of the Supervising Library Assistant classification shall be increased by zero percent (0%).

9.15 Senior Permit Specialist
Effective the first full pay period following SEIU Local 1021 CSU & PTRLA ratification and Council approval of this MOU on its regular agenda in accordance with Brown Act, Step E of the Senior Permit Specialist classification shall be increased by zero percent (0%).

9.169.14 Venipuncture Educational Incentive Pay
Upon written agreement by SEIU Local 1021 Community Services & Part-Time Recreation Leaders Association, and adoption by the Personnel Board of the revisions to the Community Health Worker Specialist and Senior Community Health Specialist classification specifications, effective the first full pay period following Council approval of a successor MOU, incumbents in the classifications of Community Health Worker Specialist and Senior Community Health Specialist, who are required to possess a certificate to perform venipuncture for blood samples as a condition of employment and who are regularly assigned to perform such venipuncture duties, shall be eligible to receive a five percent (5%) differential. This salary differential shall be reported to CalPERS as an Educational Incentive Pay.

The classification specifications for Community Health Worker Specialist and Senior Community Health Specialist are modified and agreed upon by the parties as attached.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 25 Moreover, the three (3) incumbents as of November 20, 2015 in the Senior Community Health Specialist classification shall not be required to perform the venipuncture duties as a condition of employment. In addition, the Senior Community Health Specialist who is performing venipuncture duties shall be required to continue to perform said duties for three months following Council approval of a successor MOU. Furthermore, the Union agrees to withdraw the grievance pending arbitration (1021CSU-14-02).

9.16.19.14.1 Payment of Examinations : The City will pay the cost of the venipuncture certificate and for the cost of the successful recertification for employees who are regularly assigned to perform venipuncture duties.

9.17 Effective the first full pay period after Union ratification and Council approval at its regular meeting the hourly salaries for the classifications of Library Page and Sports Monitors will be increased to $18.00 per hour and remain at $18.00 per hour for the duration of the contract.

9.189.15 Living Wage
The City agrees to pay each of its direct employees an hourly wage of no less than $18.33 effective the first full pay period in January 2021 the hourly rate with no offer of medical benefit posted per the Living Wage Ordinance . The City agrees to pay each of its direct employees an hourly wage of no less than $19.33 effective the first full pay period in June 2021. If that rate the Living Wage increases beyond $19.33, as outlined in the Berkeley Municipal Code effective July 2021 , the City shall implement the increases the first full pay period in September 2021 and July of that year 1st of each year thereafter.

9.199.16 Psychiatrist Board Certification Educational Incentive Pay An employee in the classification of Psychiatrist shall receive a differential to base salary as listed in Section 9.1 (Salary Resolution) of five percent (5%) for each of the board certification(s) for a maximum of ten percent (10%) under this Section:

Adult Psychiatry, Child and Adolescent Psychiatry, Addiction Psychiatry, and Geriatric Psychiatry issued by the American Board of Psychiatry and Neurology; Addition Medicine issued by the American Board of Preventive Medicine; or Community and Public Psychiatry issued by the American Association of Community Psychiatrists, or equivalent as determined by the Supervising Psychiatrist, that enhances the incumbent’s ability to do their job as a Psychiatrist.

This salary differential shall be reported to CalPERS as an Educational Incentive Pay.

9.17 Steps for Sports Field Monitors
Effective the first full pay period after July 1, 2025, the Sports Field Monitor classification shall have three steps with each step representing 3% above the prior step and each step representing one year of service pursuant to Section 9.4 (Step Increase for Unit R-2 Employees).

9.18 Steps for Recreation Activity Leaders
Effective the first full pay period after Council approval, the salary scale for the Recreation Activity Leader classification shall be modified as follows:

R-1:

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 26 Step 3 26.0666
Step 4 28.7212
Step 5 31.9883

R-2:

Step 3 25.5160
Step 4 27.9809
Step 5 31.1989

All employees in the R-1 and R-2 classifications who are on Step 1 or Step 2 on the effective date shall be moved to Step 3.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 27 SECTION 10: HIGHER CLASSIFICATION AND TEMPORARY APPOINTMENTS

10.1 Temporary Appointment Duration
Except as provided in Section 10.2 (Backfilling Temporarily Vacated Position), any temporary appointment made shall be limited to six (6) months. However, temporary appointments may be made or extended to a limit of twenty-five (25) months with the mutual agreement of the parties. If the parties do not mutually agree to extend a temporary beyond six (6) months to a maximum of twenty-five months, such extension may be approved by the City Council after review by the Personnel Board for extension up to twenty-five (25) months. However, temporary appointments resulting from workers compensation, parental leave, or other authorized leaves of absence, shall be limited to the term of the leave but not in any case exceed twenty-five (25) months. No employee shall hold a provisional appointment in the same position for more than 12 months. The City Manager may extend the provisional appointment beyond this 12-month limitation with the mutual agreement of the parties.

10.2 Backfilling Temporarily Vacated Position
It is agreed that temporary appointments, pending the establishment of an eligibility list, will be made expeditiously. If a career employee -is temporarily assigned to another career position, the position temporarily vacated by the career employee may be backfilled on a temporary provisional basis for the period the career employee works temporarily assigned to another career position.

10.3 Fringe Benefits for Employees in Temporary Positions Non-career employees appointed to temporary positions may be eligible for fringe benefits if the duration of the temporary appointment is expected to be six (6) months or longer and funding is available. Career employees temporarily filling a vacant position at the same or higher salary level shall continue to receive fringe benefits. Employees on mandatory reemployment lists as a result of layoffs who are reemployed to fill temporary positions, who had career status at the time of their layoff, shall resume receiving the level of health, dental and life insurance benefits paid by the City at the time of their lay-off in addition to prorated leave benefits. Such employees who are reemployed for periods of 180 days or more shall additionally resume career status.

10.4 Temporary Vacancy
When a temporary vacancy is to be filled in a classification for which there is an existing eligibility list, the City shall attempt to make the temporary appointment from that list. Provided there are City employee applicants meeting the minimum qualifications, temporary vacancies of greater than 90 days shall be filled by existing City of Berkeley employees from existing eligibility and/or transfer lists except as otherwise provided in Section 52 (Layoff). When the employee completes the temporary appointment, the employee would then return to his/her former classification at the appropriate pay level. The employee shall suffer no loss of seniority in his/her classification as a result of filling a temporary vacancy. The City does not guarantee a permanent promotion to the employee working in a temporary appointment. Employees shall indicate availability for temporary

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 28 appointments on an employment application. Employees may update their existing application forms to indicate their availability for future temporary appointments.

10.5 Maximum Consecutive Temporary Appointment
An employee may hold more than one type of temporary appointment within a calendar year. Consecutive appointments of a non-career employee as provided in Sections 10.1 (Temporary Appointment Duration) and 10.2 (Backfilling Temporarily Vacated Position) may not exceed twenty-five (25) months.

10.6 Filling of Positions through Competitive System
Any position, regardless of its funding source, shall be filled through the competitive system if the position is expected to last one year or more.

10.7 Working in Higher Classification
The Department Heads will work all employees within their career classification.

The departments may assign an employee to work temporarily in a higher classification. Such assignments shall be in writing and shall indicate the reasons, length and duties of the assignment. Assignments over one week shall be approved in advance by the City Manager, the Executive Director of the Rent Board, Director of Library Services, or their designees. To be eligible for temporary assignment to a higher classification, the employee must work a minimum of one day, meet all of the minimum qualifications, and perform the duties of the higher classification. Employees meeting these requirements will be compensated at the lowest step of the higher classification which provides at least a five percent (5%) increase in salary. Excluded from this provision are all employees whose job classifications regularly include assuming administrative and/or supervisory responsibilities in the absence of another, e.g. Assistant Department Heads.

10.8 Training for Supervisory Position
For training purposes, employees not meeting all of the minimum qualifications for a supervisory position may be temporarily assigned for a minimum of one week (five consecutive working days), to perform the duties of supervisor and will receive a five percent (5%) increase in their current base salary rate listed in Exhibit A and Exhibit B.

10.9 Notification of Change in Classification Duties and Responsibilities Whenever a need for a change in the duties and responsibilities of any position occurs in which matters of classification may be involved, the Department Head in whose department the position is located shall notify the City Manager through the Human Resources Department of that fact and the Union will be so advised by the Director of Human Resources.

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SEIU Local 1021 Community Services & PTRLA City of Berkeley 29 10.10 Notification of New Classification
The City shall notify the Union and upon written request discuss in advance the establishment of new career classifications if the work is related to work performed by classifications in Units G-1, G-3, I-A, I-B, L, R-1 and R-2. This procedure shall also be applicable to the reclassification of positions presently in such units.

10.11 Desk Audits
Upon request of the employee or his/her Department Head, the Human Resources Department shall, within ninety (90) days if possible, audit the position of the employee to determine if he/she isthey are working out of classification. If Human Resources is not able to complete the desk audit within ninety days, they will be provided a written explanation of the reason. If the audit determines that the employee has been working in the higher class, the employee shall receive back pay to the date of the beginning of the closest pay period that the position description questionnaire was received by the employee's supervisor. In the event the City reclassifies a position from a lower level classification to a higher level classification, an incumbent occupying such position shall be reclassified without competitive examination provided s/he has performed the duties of the new class for one year and has not received an unsatisfactory evaluation during that period.

All other employees shall pass an examination for the higher class and shall serve the normal probationary period. There will be a maximum of one (1) audit in a twelve (12) month period unless the employee is assigned to a different job in which case there may be a second audit in a twelve
(12) month period. This section is not applicable to salary equity reviews when the assignment fits within the existing classification.

Reclassification or reallocation of positions shall not be used as a mechanism, the sole purpose of which is to improperly circumvent the provisions of this Agreement, including provisions relating to layoff, transfer, demotion or promotion. Upon request, the City will provide the Union with a written yearly report of all audits requested and performed. The City shall provide, upon request, for information only, the status (expiration date) of all existing eligible lists for Local 1021 and Local 1 classifications.

10.12 Temporary Appointments Notification
Temporary appointees will be advised that they are hired on a temporary basis and will be provided with an offer letter setting forth the terms of their employment.

10.13 Continuous Eligibility

1 0. 1 3. 1 For Career Employees: Any employee maintaining permanent or probationary status in any classification may qualify for continuous eligibility for classifications in which his/hertheir name appears on the eligible list.

Employees who qualify for continuous eligibility will remain on the eligible list in their relative standing without being required to compete in subsequent examinations. Employees will be required to submit to the Human Resources Department an updated application within the announced filing period for a specific position.

Continuous eligibility is

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 30 based on persons meeting the minimum requirements for the classification.

Continuous eligibility does not preclude the employee from taking subsequent tests to attempt to improve his or hertheir standing.

At such time as new eligibility standards are introduced, employees will be notified by the Human Resources Department that they must pass a new examination in order to remain on the eligible list. Continuous eligibility shall be administered by the Director of Human Resources according to procedures established by the Director of Human Resources.

10.13.2 For Temporary/Intermittent Employees: Any employee continuously appointed as a temporary/intermittent employee from an eligible list shall remain eligible for probationary appointment to career positions within that classification for the duration of the temporary/intermittent employment without renewing eligibility on subsequent eligible lists.

10.14 Project Based Position Employees
An employment status of “Project Based Position” means a position, regardless of funding source, of limited duration not to exceed three (3) years to be utilized to complete a project or for an external grant funded position whose funding is uncertain as to amount or duration. An employee receiving an initial appointment to such “Project Based Position” may be terminated no later than upon completion of the project or the duration of the external grant funding but in no case longer than three (3) years from the date of the original appointment. An employee receiving an initial appointment to a Project Based Position shall be fully benefited. In the event of a layoff under Section 52 (Layoff), employees holding “Project Based Positions” will be terminated without right of recall prior to the layoff of any career employee, provided that a qualified career employee is available to fill the position. An employee holding a “Project Based Position” shall not be covered by the provisions of Section 52 (Layoff) and may be terminated for cause at any time by the City Manager. An employee appointed to a Project Based Position will be subject to the provisions of Section

2.1 (Representation) of the Agreement.

If a career employee is appointed to a “Project Based Position” the City will be permitted to fill the vacated position with another “Project Based Position” appointment.

SECTION 11: CONTRACTING OUT
For the purpose of preserving work and job opportunities for employees covered by this agreement, the employer agrees that no work or service of the kind, nature, or type presently performed by members of this bargaining unit shall be subcontracted prior to meeting and conferring with the Union in an effort to find alternatives.

The Union shall be provided notice of any proposed contracts with outside vendors for services with the City. Additionally, the City shall provide the Union with notice of a Request for Proposals for outside services. Such notice shall be provided when the Contract Management System or Request for Proposal number is assigned. Notification shall be provided through an electronic notification system.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 31 SECTION 12: HOURS AND DAYS OF WORK

12.1 Rules

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 32 Hours and days of work shall be governed by rules established by the City Manager. At the present time, for a full-time employee, the normal workday shall consist of eight (8) hours, and the normal workweek shall consist of forty (40) hours, unless otherwise provided. However, employees in work units that provide a six (6) or seven (7) day operation may be required to flex their work schedule based on the needs of the work unit, except in the Library Department. Flexing of work schedule will be assigned on the basis of inverse seniority unless more senior employees prefer to accept such work. The required flexing of work schedules will be on a day-for-day basis. When an employee is required to work on a regularly scheduled day off, the department will provide that employee with an alternative day off in the same work week when the required flexing occurs.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 33 12.2 Flexible Work Schedule
Employees may request variable working hours such as, but not limited to, 10 hours a day, four days a week, job sharing, and working under a flexible arrangement. Flexible scheduling may also include the option of a one-half hour lunch break. This option shall be available in all departments in the City and will be considered seriously if all City functions within units can be accomplished through flexible scheduling.

12.3 Work Week
The workweek will begin at 12:01 a.m. Sunday and end at Saturday midnight.

Regular days off will be considered to be Saturday and Sunday except in those programs with six or seven day operations.

12.4 Lunch and Rest Periods
As approved by the Department Head, lunch periods shall be a minimum of one- half hour to a maximum of one hour. Employees shall receive a rest break of fifteen (15) minutes during each four-hour shift. For each additional hour of work time, the employee shall receive an additional five (5) minutes of rest break.

Whereas, for R-1 and R-2 employees, lunch and/or rest breaks cannot be taken because of program constraints, the employee will be paid for the time worked during such lunch and rest periods. Time paid for rest breaks will not be counted as regular scheduled work hours, i.e., if an employee works from 9:00 a.m. to 4:00 p.m., the employee should be paid from 9:00 a.m. to 4:30 p.m.

12.5 Sunday and Graveyard Shifts
Regularly scheduled Sunday shifts and "graveyard" shifts, as defined in Section 14, shall be for eight (8) consecutive hours including up to one-half (½) hour for lunch.

12.6 Shift Assignments
Within a given classification, shift assignments shall first be offered to employees by classification seniority on a voluntary basis. In the event shift assignments are not filled voluntarily, such assignments will be made on the basis of inverse classification seniority. Within a Library department or unit, shift assignments shall be made on a rotational basis so that the least desirable shifts can be shared as equally as possible.

12.6.1 Types of Shifts:

a. Swing shift means authorized work schedules regularly assigned in which four (4) hours or more worked are between the hours of 5:00 p.m. and 12:00 midnight of each workday.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 34 b. Night shift means authorized work schedules regularly assigned in which fours (4) hours or more worked are between the hours of 12:00 midnight and 7:00 a.m. of each workday.
c. Day shift means any authorized work schedules assigned except swing or night shifts as defined in this section.

12.7 Library Flex Time
Employees who are working during hours of the Board of Library Trustees (BOLT) meeting may request flex time consistent with Library policy as set forth in Library Administrative Regulation 2.11 (Flextime/Alternate Work Schedules Policy and Guidelines) to attend the meeting. The Library shall use its best efforts to grant such requests from at least one (1) branch library employee for each meeting.

12.8 Daylight Saving Time

12.8.1 Spring: In the Spring when transitioning to Daylight Saving Time (DST), employees working during the one (1) hour transition from Standard Time to DST will be paid only for actual hours worked. Employees working on a shift which includes the one (1) hour transition may be granted an option by the Department Head or his or hertheir designee, to work an additional hour or use compensatory time, floating holiday, or vacation to make up the lost work hour.

12.8.2 Fall: In the Fall when transitioning to DST, employees working during the one (1) hour transition will be paid for all hours worked including overtime at one and one-half (1½) times the straight-time rate of pay for hours worked in excess of the regular workweek as set forth in Section 13 of this Agreement.

SECTION 13: OVERTIME
Employees required to work in excess of their basic workweek shall be compensated for such overtime services as follows:

13.1 Overtime
The straight-time workweek shall consist of forty (40) hours, five (5) days per week, unless otherwise agreed between the employee and the City. If the employee is required to work in excess of forty (40) hours in any one work week or eight (8) hours in any one workday, the employee shall be paid at the rate of time and one- half the employee's regular rate for all hours over eight (8) in a day or forty (40) in a week, except that if the employee works over twelve (12) hours in a workday, the employee shall be paid at the rate of two times the employee's regular rate of pay.

These provisions shall not result in pyramiding of overtime and shall not apply to employees who voluntarily work under a flex-schedule arrangement which

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 35 requires more than eight (8) hours per day. Leave without pay shall not be considered hours worked for the purpose of computing overtime compensation.

13.2 Department Head Discretion
Whether an employee shall be compensated for overtime by compensatory time off or by payment shall be at the sole discretion of the employee's Department Head.

13.2.1 Mandatory Overtime: when an employee is directed to work in excess of his or hertheir basic work week, the employee shall be paid at the rate of one and one-half (1½) times the employee’s regular rate of pay. Based on the needs of the work unit, the manager may offer the employee being directed to work overtime the option of earning Compensatory Time in lieu of overtime pay, subject to the maximum accumulation requirement in Section

13.7 (Compensatory Time Off).

13.3 Final Compensation
In the event that an employee resigns or is terminated, the employee shall be entitled to compensation for his or hertheir accumulated overtime.

13.4 Workweek
For the purpose of computing overtime, the workweek shall be defined as beginning at 12:01 a.m. Sunday and ending at 12:00 midnight Saturday.

13.5 Emergency Call Back
Employees who are called into work outside their normal work schedule shall be paid overtime compensation for actual time worked. The minimum time for which such overtime compensation shall be paid shall be four (4) hours. If such overtime work is performed prior to the beginning of the regularly scheduled work period and overtime continues into the regularly scheduled work period without a break in service, compensation shall be paid only for the actual time worked.

13.5.1 Emergency Call Back Employees in the Information Technology Department: for IT employees who perform remote work in the Virtual Private Network (VPN) or other remote technologies the minimum overtime compensation paid shall be for two and a half (2.5) hours. Remote work in the VPN or other remote technologies which is completed in less than one (1) minute (from log‐on to log‐off) shall be considered ‘de minimis’ and not compensable. Multiple ‘de minimus’ remote work shall be considered in the aggregate, and shall be compensable under this provision if the aggregate is greater than one (1) minute. If an IT employee is required to travel to a City facility or other physical location, the minimum overtime compensation shall be for four (4) hours. If the IT employee’s travel to a City facility or other physical location is performed prior to the beginning of the regularly scheduled work period and overtime continues into the regularly scheduled work period without a break in service, compensation shall be paid only for the actual time worked.

13.6 Standby Pay

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 36 Standby service shall mean being available for service outside of regular working hours at any time when called. Employees may be assigned to standby service and the City shall compensate employees thus assigned on an hourly rate as provided below. If an employee assigned to standby service is not availablewhen called or is unable or fails for any reason to perform the service when called, the employee shall not receive the standby pay provided for herein. An employee will not be assigned to standby service if the employee is on vacation leave, sick leave, compensatory time off, off work on a floating holiday, on workers’ compensation leave or other leave, or when on a modified duty assignment.

Days of the Week Hourly Rate of Pay
Monday, Tuesday, Wednesday, Thursday, Friday $4.09 per hour Saturday, Sunday, or any Holiday named in Sections 18.1.1 through 19.1.13 regardless of the day of the week $5.43 per hour

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 37 13.7 Compensatory Time Off
Compensatory time off may be earned in lieu of overtime pay at the rate of one and one-half (1½) hours for each overtime hour worked up to a maximum of sixty (60) hours of such compensatory time. Accumulation of compensatory time off in excess of sixty (60) hours may be allowed at the discretion of the Department Head. Compensatory Time Off cannot be used in the same pay period it is accrued.

Utilization of compensatory time shall be determined by the Department Head with due regard for the wishes of the employee and particular regard for the needs of the service. As used herein, sixty (60) hours of compensatory time is equal to ninety (90) hours of time off work. In the event of layoff, termination, or transfer the employee shall be compensated for all compensatory time accrued but still unused.

13.8 Natural Disaster/Declared Emergency
If an emergency is declared by the City, county, state or national authority:

13.8.1 If an employee is called outside of normal working hours, the employee gets time and one half (1½) the normal rate of pay for the first whole shift regardless of the number of hours worked. If the employee is not called from home the regular rules apply (i.e., overtime for hours worked above eight in a day).

13.8.2 Thereafter: the first eight hours at regular rate and 7½% for hours worked between 5:00 p.m. and midnight; 10% for hours worked from midnight to 7:00 a.m. For hours greater than eight in a shift, the employee gets time and one half (1½) the normal rate of pay but no shift differential on those hours above eight.

SECTION 14: SHIFT DIFFERENTIAL

14.1 Shift Differential

1 4. 1. 1 Swing Shift: Employees who regularly work on a full shift of eight (8) hours or more on swing shift as defined in Section 12.6.1 (Types of Shifts), which includes four (4) hours or more between the hours of 5:00 p.m. and 12:00 midnight, shall be paid their regular salary plus seven and one-half percent (7½%) of their monthly salary per month.

1 4. 1. 2 Night Shift: Employees who regularly work a full shift of eight (8) hours or more on night shift as defined in Section 12.6.1 (Types of Shifts), which includes four (4) hours or more between the hours of 12:00 midnight and 7:00 a.m., shall be paid their regular salary plus ten percent (10%) of their monthly salary per month, provided that in the case of any employee who is regularly assigned to night-shift work for less than an entire work week,

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 38 the additional payment shall be made only for the portion of the work week worked on the night-shift assignment.

14.2 Sunday Shift for Career Library Employees
For career library (including Library Aides) only, employees who work a shift entirely on Sunday of less than 8 hours shall receive a differential of ten percent (10%) of their regular hourly rate for those hours actually worked.

14.3 Sunday Shift for R-1 and R-2 Employees
R-1 and R-2 employees (excepting Sports Officials) who are required to work a shift entirely on Sunday of less than eight (8) hours (or for special events such as civic festival on a Sunday) shall receive a differential of ten percent (10%) of their regular hourly rate for those hours actually worked.

SECTION 15: PREMIUM PAY

15.1 Library -Supervisor-In-Charge
When a non-supervisory library employee is required to be the "Library- Supervisor-In-Charge" at the Central Library, s/he shall receive a differential of five percent (5%) above the regular hourly wage for all time in which such work is performed.

15.1.1 Library Supervisor for Sunday
A “Library Supervisor” will be designated for all hours the library is open to the public on Sunday. On Sundays, in instances where a Supervising Librarian, Supervising Library Assistant, or Circulation Supervisor is not scheduled or able to work at a library location, another library employee (typically a Senior Librarian or Librarian II) will be designated as the Library Supervisor at that location and will receive a shift differential of five percent (5%) above the regular hourly wage for all time in which such work is performed.

15.1.2 Library Supervisor for Monday through Saturday
On Mondays through Saturdays, in instances where a Supervising Librarian, Supervising Library Assistant, or Circulation Supervisor is not scheduled or able to work at the Central Library, another Central library employee (typically a Senior Librarian or Librarian II) will be designated as the Library Supervisor and will receive a differential of five percent (5%) above the regular hourly wage for all time in which such work is performed.

15.1.3 These differentials shall not be combined. Only one of the two differentials may be paid at any one time.

15.2 Bilingual Premium Pay

15.2.1 An employee who is required as an essential part of his or hertheir job to provide non-English language services, including Braille and sign language, routinely and consistently as part of his or hertheir regular job assignment

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 39 as determined by the City will receive a Bilingual Premium Pay Differential of five percent (5%). The employee must agree to use the bilingual skill during his or hertheir normal work shift regardless of assignment. The Bilingual Premium Pay Differential of five percent (5%) will be reported to CalPERS as Bilingual Premium Special Assignment Pay. However, any hours worked on overtime are excluded from CalPERS reported “compensation earnable” in California Government Code Section 20635.

15.2.2 An employee who is required as an essential part of his or hertheir job to provide non-English language services, including Braille and sign language, will receive a Bilingual Premium Pay Differential of two percent (2%). The criteria for receiving the differential will be: a) when assigned by management, or b) at the request of the employee with the supervisor’s agreement, or, c) after a job audit and who must utilize these skills on an occasional basis. The employee must agree to use the bilingual skill during his or hertheir normal work shift regardless of assignment. The Bilingual Premium Pay Differential of two percent (2%) will be reported to CalPERS as Bilingual Premium Special Assignment Pay. However, any hours worked

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 40 on overtime are excluded from CalPERS reported “compensation earnable” in California Government Code Section 20635.

15.2.3 Competency: The bilingual premium will not be applicable under any circumstances except to an employee who possesses second language competency. Management reserves the right to test for second language appropriate competency prior to a Bilingual Premium Pay Differential.

15.2.3 Competency examinations shall be performed at least quarterly if requests for examination have been made.

15.3 Longevity Pay
Effective the first full pay period after Union ratification and approval of the successor contract by the City Council on its regular agenda, employees completing- nineteen (19) years of service shall receive a three percent (3%) differential beginning with the anniversary date of beginning the twentieth (20th) year of service and shall apply to all hours in a paid status. This Longevity Pay shall be reported to CalPERS as Longevity Pay Incentive Pay. This provision shall expire effective the first full pay period of July 2026.

Effective the first full pay period in July 2026, employees completing fourteen (14) years of service shall receive a three percent (3%) differential beginning the fifteenth (15th) year of service. This Longevity Pay shall be reported to CalPERS as Longevity Pay Incentive Pay.

15.4 Senior Information Systems Specialist Educational Incentive An employee in the Information System Specialist or Senior Information Systems Specialist classifications who obtains and maintains a valid Cisco Certified Network Associate (CCNA) certificate shall receive a two percent (2%) differential to his or her their base salary. An employee in the Information System Specialist or Senior Information Systems Specialist classification s who obtains and maintains a valid Microsoft Certified Systems Engineer (MCSE) certificate shall receive a four percent (4%) differential to his or hertheir base salary. The specific certifications referenced in this Section (CCNA and MCSE) are subject to change as modifications to the City’s technical infrastructure change. This salary differential shall be reported to CalPERS as Educational Incentive Pay.

15.5 Recreation Activity Leaders Personal Care Services Differential Recreation Activity Leaders assigned to work with disabled children in the Inclusion Program and who provide personal care services (i.e., toileting, etc.) to those children shall receive a six and one-half percent (6.5%) differential for those hours worked in the program. The differential shall be reported to CalPERS as Hazard Premium Special Assignment Pay.

The classification specification for Recreation Activity Leader will be modified to include personal care as a duty to which employees may be assigned. The Union shall be provided copies of the proposed change to the classification specification prior to implementation.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 41 15.6 Hazardous Substance Special Assignment Pay
Beginning no later than 90 days after adoption of the successor contract, the City agrees to conduct a job audit of the Behavioral Health Clinician I (24780), Behavioral Health Clinician II (24790), Social Services Specialist (24810), and Code Enforcement Officer I (33090), Code Enforcement Officer II (33100) classifications who perform services in active encampments through the city and the parties shall meet and confer over the results of the City’s review. The Union believes employees in these classifications who perform services in an active encampment should receive a salary differential to base pay for hours worked on assignment. Employees who are regularly assigned to perform services in unhoused settings throughout the service area shall receive a three percent (3%) salary differential to their base pay for all actual hours worked in the field and performing duties in unhoused settings.

15.7 Substance Abuse Counselor Differential
Effective the first full pay period after Council approval, incumbents in the Assistant Mental Health Clinician, Behavioral Health Clinician I & II, Registered Nurse, Senior Behavioral Health Clinician, and Social Services Specialist classifications who have obtained the Substance Use Disorder (SUD) certification through an agency recognized by the California Department of Health Care Services are eligible to receive a three percent (3%) pay increase upon providing proof of holding the SUD certification.

15.8 Training Differential

Employees may be assigned in writing by the department head as qualified trainers or instructors for specific specialized skills (identified by departments in consultation with Human Resources), provided the assignment is approved by Human Resources. Such employees will be compensated for hours worked training employees in the same or lower classification at a five percent (5%) differential. This shall not apply to any employee whose regular job duties include training or to supervisors training direct reports. This Training Differential will be reported to CalPERS as Training Premium Special Assignment Pay. However, any hours worked on overtime are excluded from CalPERS reported “compensation earnable” in California Government Code Section 20635.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 42 SECTION 16: PAYROLL ERRORS

To ensure that system or other errors which affect an employee’s pay are processed in an efficient and effective manner, the City shall notify the affected employee(s) as soon as practicable. Payroll errors detected by an employee shall, as soon as practicable, be communicated to the employee’s Departmental Payroll Clerk. In the case of under payments, the Payroll Clerk shall submit the appropriate adjustments as soon as

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 43 practicable. Payroll errors identified by the Auditor will be communicated to the employee either directly by Auditor staff or through the Departmental Payroll Clerk.

Under payments will be processed as soon as practicable after they are brought to the attention of the Auditor’s Department. If the employee is paid less than 80% of base salary as a result of an underpayment in the then-current pay period, the City shall process the underpayment within three business days after notification to the departmental payroll clerk and approval of the supervisor. All other underpayment adjustments will be processed on the next pay check.

In the event of an overpayment, the Auditor's Office will determine a reasonable proposed repayment schedule and inform the employee of the proposed schedule directly, or through the Department Payroll Clerk. Before a repayment schedule is implemented the affected employee shall be given an opportunity to discuss the schedule of repayment and to request an adjustment to the repayment schedule as a needed and reasonable modification. In the event that (1) the employee does not respond within 10 working days of receiving written notice of the overpayment, or (2) mutual agreement on the repayment schedule is not achieved within 20 working days of the employee receiving written notice of the overpayment, the Auditor's Office will proceed to implement a reasonable repayment schedule consistent with the requirements of this section. Factors considered in determining whether a requested modification of a repayment schedule is reasonable include, but are not limited to, the length of time the overpayment has occurred, the amount of the overpayment, the employee’s normal salary, and other financial obligations of the employee. In the event the employee declines to agree to the City’s proposed repayment schedule, the City reserves its right to pursue all legal means available to recover the overpayment.

Generally, overpayment shall be recaptured at least at the rate at which the overpayment occurred. Overpayment shall not be recaptured at a more rapid rate than the rate at which the overpayment occurred, except (1) by permission of the affected employee, or (2) if the repayment amount per pay period would otherwise be less than five percent (5%) of gross base salary each pay period, or, (3) the overpayment was of $99 or less, in which case it must be recouped in one lump sum. However, should an employee with a repayment schedule leave the employ of the City before repaying the City the full amount of any overpayment, the outstanding debt shall be deducted from any salary and leave balances for which the employee would otherwise be paid upon separating from the City.

Where an employee requests and the City concludes that s/he has justified a modified repayment schedule, the City may, in its sole discretion, permit exceptions to these standards.

The City and the Union agree that the City is authorized to recover any salary overpayment made to the employee from the employee’s wages, except that the City shall not attempt to recover overpayments which would be barred by a four year statute of limitations in a court action for their recovery. However, once a repayment schedule is implemented, the City will retain the right to recover the full amount of the overpayments covered by the schedule, and the limitations period for those overpayments shall be tolled for the duration of the repayment schedule.

Nothing in this policy shall prevent the City from taking such other or additional action, such as a lawsuit, as is appropriate and necessary to recover overpayments to employees.

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 44 ARTICLE 3 - LEAVES

SECTION 17: VACATION

17.1 Entitlement
All employees who work with the City shall be entitled to use vacation leave (Library Aides: see Section 51).

17.2 Vacation Approval
The times during the calendar year at which an employee shall take vacation shall be determined by the Department Head with due regard for the wishes of the employee and particular regard for the needs of the service. Wherever practical, employees in Units G-1, G-3, L, and R-1 working in the same classifications within a division shall be given preference of vacation time by seniority. If the City cannot allow the vacation that the employee requested, the employee, with the Department Head's approval (if the service permits), may take vacation at another mutually agreed upon time during the same calendar year. If the requirements of the service are such that a Department Head cannot permit an employee within the department to take an annual vacation leave, or any part of such leave within a particular calendar year, the City Manager, the Executive Director of the Rent Board, or the City Manager/Director of Library Services may permit the employee to take the deferred vacation during the following year.

With advance supervisory approval, vacations may be taken in increments of one (1) hour.

The City may revise vacation accumulation provisions in order to standardize accounting procedures without effect on the amount of employees' vacation; subject to review and comment by the Union.

17.3 Accrual
Employees shall be entitled to vacation leave as follows (except as provided in Sections 17.4 (Accrual, Use, and Limitations for Employees), 17.5 (Effect of Holidays Upon Vacation Leave), 17.9 (Public Health Classifications Vacation Accrual), 17.10 (Mental Health Classifications Vacation Accrual), 1711 (Library Classifications Vacation Accrual), and 17.12 (Vacation Without Pay) below).

Years of Service
Authorize Annual
Vacation
(in work weeks)
Vacation Leave
Credits
(in workdays per
month of service)
Vacation Leave
Credits
(in hours earned per
month of service)
First through third
years of service 2 work weeks 0.833 6.667
Fourth through
eleventh years of
service
3 work weeks 1.25 10

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 45 Years of Service
Authorize Annual
Vacation
(in work weeks)
Vacation Leave
Credits
(in workdays per
month of service)
Vacation Leave
Credits
(in hours earned per
month of service)
Twelfth through
seventeenth years of
service
4 work weeks 1.667 13.333
Eighteenth through
twenty-fourth years of
service
5 work weeks 2.083 16.667
Twenty-fifth and
subsequent years of
service
6 work weeks 2.5 20

17.4 Accrual, Use, and Limitations for Employees
Each employee, during that portion of the calendar year in which the employee was originally appointed and during the next succeeding calendar year, shall be entitled to vacation leave credits at the rate of .833 work days for each calendar month of service.

17.4.1 Employees shall be entitled to pro-rata vacation leave credits for each hour the employee either works or is paid. An employee who is on unpaid status shall not accrue vacation benefits for the period the employee is not working and is not receiving pay.

17.4.2 During the first two calendar years of employment, employees shall be entitled to take only such annual vacation leave as the employee earns.

After two years of service, employees may request, and upon approval, take up to a maximum of two weeks of their annual vacation, in advance of actual earning. Approval of requests for advance vacation shall be solely at the discretion of management.

17.4.3 For an employee who has been on leave of absence without pay for a total of six (6) months or more or who has left employment and subsequently reemployed, the actual years of service with the City shall be used for the purpose of computing length of service in determining eligibility for vacation at the three (3), four (4), five (5), and six (6) weeks' rate.

17.4.4 For the purpose of computing length of service in determining eligibility for vacation at the three (3), four (4), five (5), or six (6) weeks' rate, time spent on extended military leave shall be counted as time spent in the service of the City.

17.5 Effect of Holidays upon Vacation Leave
In the event one or more municipal holidays fall within a vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly.

The provisions of this Section shall not apply to those

20241-20274 Memorandum Agreement
SEIU Local 1021 Community Services & PTRLA City of Berkeley 46 positions in which holidays, due to the necessities of public health and safety, are normal working days.

17.6 Maximum Vacation Accumulation
Employees may defer vacation earned up to a maximum cumulative total of eight (8) weeks. An employee who has attained maximum accumulation may be required to take all excess earned vacation. Not later than October 1 of each year, the City will advise employees who have attained a maximum accumulation of vacation whether such excess earned vacation must be scheduled as time off prior to March 31. Such time off shall be scheduled in accordance with the provisions of Section 17.2 (Vacation Approval). Accumulated vacation may not be used immediately prior to retirement in order to extend the date of retirement, but shall instead be paid out in full upon retirement.

The City shall require all employees to reduce their accrued vacation balances to no more than 320 hours, as of the last pay period in February of each year of this Agreement. To effectuate the requirement that employees not accrue more than 320 hours vacation leave, the parties agree that not later than November 15 of each year of this Agreement, the City will provide the Union and Department Heads with a report identifying all employees who have accrued two hundred and eighty (280) hours of vacation leave and appear in danger of exceeding the 320 hour limit.

Employees who have accrued 280 hours of vacation leave, as of that date, will be advised by their supervisor that they must take vacation leave to reduce their vacation leave accrual by February of the following year.

Supervisors should be flexible in granting employee vacation requests to those employees above, or approaching the 320 hours limit, and further, that with regard to employees who are in danger of exceeding the 320 hour limit, no vacation request by such an employee shall be unreasonably denied. If an employee who is in danger of exceeding the 320 hour limit fails by December 31 of each year of this Agreement to schedule a vacation to be taken before the last pay period in February of each year of this Agreement, the City has the authority to direct the employee to go on vacation leave to reduce the employee’s accrued vacation.

If, due to operational necessity, a department head denies an employee vacation leave and does not provide the employee with an alternate vacation date, and as a result causes the employee to exceeds the 320 vacation leave limit, said employee shall nonetheless be entitled to use that vacation leave in the next calendar year to the extent necessary to reduce their accrued vacation to not more than 320 hours.