ARTICLE 9.1: Wages
(Replace current subsections i and ii)
i. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll immediately following adoption of this agreement by City Council. a. Employees in this unit will receive a one-time payment of $2000 effective the first full payroll following adoption of this agreement by City Council. ii. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following June 29, 2025.
iii. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following June 28th, 2026.
a. Revenue Surplus Cost-Share in 3rd year:
i. If change in fund balance on audited General Fund financial statement exceeds $650,000 in fiscal year 26/27, each SEIU bargaining unit member employed at the time will receive a 1% lump sum bonus.
ii. In addition, if change in fund balance on audited General Fund financial statement exceeds $2,000,000, each SEIU bargaining unit member employed at the time will receive an additional 2% lump sum bonus (a total of 3%). iii. Revenue Surplus Cost-Share milestones will be determined in December 2026 and be paid to members of this unit on January 1st, 2027. iv. If during the term of this contract, MEA or POA reaches an agreement with the City for wages, benefits, and/or contractual enhancements above and beyond the terms of this agreement, the City will apply those enhancements to all SEIU local 521 bargaining unit employees. The cost of all economic items will be considered when evaluating enhancements in other units.
ARTICLE 5: LAYOFFS
5.1 Definition of Layoff
Layoff is defined as the separation of employees from the active work force due to lack of work or funds, organizational or duty changes, or the abolition of positions by the Council. The City Manager shall designate the number and dispositions for layoff as approved by the Council.
DocuSign Envelope ID: 7BB9228E-00BF-4B67-B1A2-60D03DF1C773 78096
5.2 Order of Layoff
Layoff shall be based on seniority in class, which shall be defined as the employee's total continuous time of permanent and probationary employment in the class in which employed. In the event two (2) employees have identical seniority, the employee who applied first shall have precedence. No probationary or permanent employee shall be laid off while any before any temporary employee(s). The Human Resources Department shall provide seniority lists before layoff notices are prepared.
5.3 Notice to Employees
Permanent and probationary employees shall receive written notice (to be hand-delivered in a formal meeting by the department management whenever possible) stating the reason for layoff a minimum of thirty (30) calendar days prior to the date of expected layoff. Similar notice shall be provided to the affected recognized employee organization representing the classes. With such notice, the employee shall be informed of the procedure to be followed and the rights to which he/she is entitled. The Department shall make every effort to allow employees who are to be laid off reasonable time to seek other employment. Pay for such time off shall be provided to full-time permanent and probationary employees only.
5.4 Displacement Rights
A full-time permanent or probationary employee who is laid off from his/her classification shall be entitled to displace another employee with less seniority in an equal or lower paying classification within the representation unit for which he/she meets the minimum qualifications and in which he/she has held prior permanent status. To successfully displace another employee, an employee must be fully qualified, trained, and capable of performing all work in the new classification. Permanent part-time employees may displace only other permanent part-time employees. When minimum qualifications have increased, the Personnel Officer may temporarily waive the increased requirements if previous successful performance is documented, and provided the requirements are met within a reasonable time.
5.5 Reemployment
Permanent and probationary employees who are laid off, demoted, or who have exercised employment rights set forth in this Rule in lieu of layoff shall have their names placed on reemployment lists for the classification from which laid off and any classifications previously held in order of total continuous time served in probationary and permanent status in the City Service.
Where language of this section is silent, the City Personnel Policies and Procedures will be referenced.
SEIU withdraws changes to tuition reimbursement language made during these negotiations.
DocuSign Envelope ID: 7BB9228E-00BF-4B67-B1A2-60D03DF1C773 78197
City/SEIU Negotiations 2024
City of East Palo Alto proposal to SEIU
Distributed May 15, 2024
Tentative Agreements
For SEIU:_______________________ For the City:_____________________ Guadalupe Rosas Brenna Rowe
ARTICLE 11.2: Overtime
Overtime is to be paid after forty (40) hours worked in one (1) work week. Overtime is paid at the rate of one and one-half times the employee’s regular rate for Fair Labor Standards Act (“FLSA”) purposes.
The City will compute the regular rate, including standby pay, in accordance with the FLSA. Employees may be compensated with Compensatory Time Off (CTO) at the rate of one and one-half hours per hour worked.
However, employees may not accrue a CTO balance of more than fifty eighty (50 80) hours.
ARTICLE 11.3: Call Back
Workers who are called back after leaving work at the end of a normal working day shall be paid a minimum of three (3) hours at the applicable overtime rate per section 11.2 (Overtime). If the employee works more than three hours during a call back, the employee shall be paid for his or her actual time worked.
ARTICLE 13: BILINGUAL EXAMINATION AND DIFFERENTIAL
13.3 Examination Process
The City shall establish a test for Bilingual Differential. This test shall include a written and verbal certification, including translation, given by an individual or entity designated by the City. The Human Resources Department shall be responsible for overseeing the administration of the test and certifying test results.
Eligible bargaining unit members may request to take the Bilingual Differential test by submitting a request in writing to the Human Resources Department. Within thirty (30) days of receiving such a request, the Human Resources Department shall decide, in its sole discretion, whether the employee is eligible for Bilingual Differential based on whether bilingual skills are essential to successful performance of the employee’s assigned job duties and shall issue notice of its decision to the employee. The decision of the Human Resources Department to arrange for testing shall be final.
If the Human Resources Department approves an employee’s request for bilingual testing, the Department shall arrange for testing to be completed within thirty (30) days of the approval. The City will pay for the initial test. The City will also pay for one retest.
ARTICLE 16.7: Personal Business Leave:
A. Permanent (non-probationary) employees shall be entitled to a maximum of three (3) days DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78291
per calendar year for Personal Business Leave without loss of pay. Such leave shall be deducted from accrued sick leave. Personal Business Leave can be taken in two (2) hour half day increments at a time.
B. Personal Business is defined as business of urgent and compelling importance which cannot be taken care of outside of normal working hours and which is not covered under leave provisions of this Memorandum of Understanding.
C. A worker shall notify the division/department head two (2) days before taking this leave, unless an emergency exists which prohibits the worker from providing such advance notice.
D. Personal Business Leave may only be used for personal business of urgent and compelling importance, and may not be used for recreational purposes, extension of holidays or vacation, work stoppages, or for matters of purely personal convenience.
E. At the discretion of the supervisor, a worker may also use vacation, compensatory time off to cover absences of an emergency nature. No request shall be unreasonably denied.
ARTICLE 20: Benefits (carry over from Side Letter)
Continuing from January 2024 and incorporated in the MOU starting July 2024, the City will make a semi-monthly contribution of $68.18 83.33 toward an HSA for employees that enroll in Kaiser Permanente HSA high deductible plan. Equivalent to approximately $2,000 annually.
ARTICLE 22: State Disability and Life Insurance
Effective July 1, 2007, bargaining unit employees shall be enrolled in the State Disability Insurance (SDI) system administered by the California Employment Development Department. Coverage shall be limited to the “State Plan” and shall not include any additional Voluntary plan design. SDI premiums shall be 100% employee-paid on an after-tax basis.
Payment shall be made by mandatory payroll deduction for every bargaining unit employee.
Bargaining Unit employees may elect to supplement their State Disability Insurance (SDI) benefits by integrating accrued leave (vacation, sick leave or compensatory time off). It is understood that the combined SDI benefit and use of leave credits cannot exceed the employee’s regular monthly net pay.
Employees under this bargaining unit are provided by the City with a group life insurance policy of $25,000. Should a change to the covered amount be made outside of the MOU negotiations process, both sides agree to implement change through the use of a side letter through the meet and confer process.
ARTICLE 23: Reclassification
A. When necessary, the Union may request that the City Human Resources Division reclassify bargaining unit positions. These requests shall be made in writing and shall indicate the position’s current classification, the proposed reclassification, and a detailed statement of the reasons that the reclassification is appropriate. The Human Resources Manager or designee Division shall respond to the reclassification requests in writing not later than three (3) months after the submission of the DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78392
request, unless this deadline is mutually extended by the parties. The Human Resources Manager or designee will meet with the Union and each incumbent employee during the process.
B. In the event, the Human Resources Manager or designee Division determines that the reclassification is not appropriate, the Union may appeal the decision to the City Manager in writing, not later than ten (10) calendar days after the date of the Human Resources Manager or designee’s Division’s decision. The City Manager shall render a decision within ten (10) calendar days of the appeal. The decision of the City Manager shall be final. This section is not subject to the grievance procedure.
C. Reclassifications will be effective either the date of the Human Resources Manager or designee’s Division decision or three (3) months after the submission of the request, whichever is earlier.
D. Employees who are reclassified through the City’s reclassification process to a higher classification will not be subject to the probationary period.
ARTICLE 14.1: Uniforms
The City may require bargaining unit employees to wear uniforms. Except as provided herein, bargaining group employees who are required to wear uniforms, rain gear, or safety gear will be provided with the appropriate uniform items. The City shall continue to provide laundry service for uniforms provided to the Maintenance Workers I/II and III.
So long as uniforms are required, the City shall provide the initial three (3) shirts, two pants, boots, jacket, belt and nameplate for the Environmental Services Aide, Community Services Officer and Code Enforcement Officer Neighborhood Preservation Officer I/II, and Building Inspector/ Neighborhood Preservation Officer I/II Classifications who are required to wear uniforms and shall pay $175 every six months for the care and replacement of City-required uniforms. Newly hired or newly eligible employees will be prorated on a monthly rate for this allowance. For employees who already received additional City provided shirts, the City will provide the net difference of the shirts provided to new employees.
So long as uniforms are required, the City shall provide the initial five (5) uniform shirts for Police Records Clerks I/II and Property and Evidence Technician, if required to wear uniforms, and shall pay $175 every six months for the care and replacement of City-required uniforms. For employees who already received additional City provided shirts, the City will provide the net difference of the shirts provided to new employees. Newly hired or newly eligible employees will be prorated on a monthly rate for this allowance.
In the event, the City ceases to require uniforms or begins to provide uniforms for any of these classifications, the uniform allowance shall cease.
DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78493
City-provided uniforms and equipment are to be used for City business only. In the event, an employee damages, destroys, or loses City-provided equipment or uniform while the equipment or uniform is being used for non-City business, the employee will reimburse the City for the repair or replacement cost of the item and may be subject to discipline.
In the event an employee's uniform is damaged and/or worn, and/or unsafe as determined by the City, the employee may request that damaged uniform be replaced provided:
A. The division head/manager concludes the uniform is damaged and needs to be replaced.
B. The employee furnishes proof of purchase for the damaged uniform. Purchase shall have been within the current fiscal year.
C. The employee has fully expended the uniform allowance. If not fully expended, the employee must use the balance of his/her allowance for the purchase of a replacement uniform. Requests for replacement shall be made to the City in writing on a City provided form. The City shall normally respond to such requests within five (5) working days. Denials may be appealed to the Human Resources Manager in writing within five (5) working days. The decision of the Human Resources Manager is final and shall not be appealed. Denials of replacement equipment shall not be subject to the grievance procedure.
ARTICLE 14.2: Boots
Employees represented by this bargaining group who are required to wear protective footwear will be reimbursed up to $250 per year for the purchase of safety boots approved by OSHA/ASTM, orthopedic insoles, and ergonomic support inserts.
ARTICLE 27: Labor Management Committee
1. Purpose: A labor/management Committee shall be created. The purpose of the Committee shall be to examine labor-management issues. The committee shall also monitor labor-management issues that have not yet risen to the level of grievances.
2. Composition: The Committee will be composed of the HRAssistant City Manager or designee, up to two (2) management representatives, the Local 521 staff person, and up to three (3) Local 521 members.
3. Meeting Schedule: The Committee will commence meeting after ratification of the Agreement. The Committee will meet at least quarterly bi-monthly during the term of the agreement with both parties being considerate of when not in bargaining or meeting for and benefits committee commitments.
2. An agenda will be shared at least 48 hours prior to the meeting. A follow up meeting may be scheduled within two (2) weeks30 days if all items on the agenda are not discussed (ex. Not enough time was allotted) subject to availability of both parties.
ARTICLE 8 PERSONNEL ACTIONS (NEW):
8.5 Promotion in a “flex” Position
DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78594
Employees under “flex” positions (assistant/associate or I/II), may request a review of their current job duties and qualifications for consideration to move to the higher level within the classification, so long as the employee has been in Step E of the lower title for a minimum of 15 months and is meeting expectations according to the prior Employee Performance Report and is not currently subject to any disciplinary or performance improvement plan and is performing the full scope of their current role and meets the minimum qualifications of the higher level classification.
Employees can formally request a review of their classification with the HR Division. The HR Department Division shall review petitions and render a determination within 90 days of petition receipt. The HR Division will include input from the department head regarding to ensure there is a need and support of the moving of the employee to the higher level classification.
SEIU flex positions:
Accountant I/II
Accounting Technician I/II
Assistant/ Associate Engineer
Assistant/ Associate Planner
Building Inspector I/II
Building Inspector/ Neighborhood Preservation Officer I/II Maintenance Worker I/II
Neighborhood Preservation Officer I/II
Police Records Clerk 1/11
Rent Stabilization Program Coordinator I/II
Secretary I/II
DocuSign Envelope ID: A70F973E-949E-47D4-8491-ADC2E4D10873 78695
City/MEA Negotiations 2024
City of East Palo Alto proposal to MEA
Distributed May 22, 2024
Proposal Wages - Last, Best, and Final
T/A Date: 5/22/24 City Representative:_______________ MEA Representative:_______________ Brenna Rowe Stanley Young
ARTICLE 21: Contract Term
The term of the MOU shall be from July 1, 2024, to June 30, 2027, equivalent to three years.
Me too clause:
If during the term of this contract, SEIU 521 reaches an agreement with the City for wages, benefits, and/or contractual enhancements above and beyond the terms of this agreement, the City will apply those enhancements to all MEA/IFTPE local 21 bargaining unit employees.
ARTICLE 17: Wages
(Replace current subsections A and B)
A. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll that includes the adoption of this agreement by City Council, anticipated to be the pay period starting May 26, 2024.
a. Employees in this unit will receive a one-time payment of $2000 effective the first full payroll following adoption of this agreement by City Council.
B. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following July 1, 2025.
C. Employees in this unit will receive a salary increase of 3% (three percent) effective the first full payroll following July 1, 2026.
a. Revenue Surplus Cost-Share:
i. "If change in fund balance on audited General Fund financial statement exceeds $650,000, each MEA bargaining unit member employed at the time will receive a 1% lump sum bonus.
ii. In addition, if change in fund balance on audited General Fund financial statement exceeds $2,000,000, each MEA bargaining unit member employed at the time will receive an additional 2% lump sum bonus (a total of 3%)." Clean up language, no impact changes:
ARTICLE 7.3: Benefits (incorporate from side-letter)
The City shall make a semi-monthly contribution of $83.33 toward an HSA for employees that enroll in Kaiser Permanente HSA high deductible plan. Equivalent to approximately $2,000 annually.
City of East Palo Alto
DocuSign Envelope ID: F8EC3DFF-339B-4B27-9753-744C308EC474 7879
City/MEA Negotiations 2024
ARTICLE 7.3.1: Holidays
Clean up to match the observed holidays the City is currently recognizing.
Appendix A: Management Bargaining Unit
Clean up job titles to match the revised job titles currently in use at the City.
Appendix B: Basic Life Insurance Policy
Clean up job titles to match the revised job titles currently in use at the City.
Table of Contents to be added
City of East Palo Alto
DocuSign Envelope ID: F8EC3DFF-339B-4B27-9753-744C308EC474 78890