RESOLUTION NO. 22-53
Resolution Of The City Council Of The City Of Emeryville Consenting To A Side Letter Of Agreement Between The Management of Emeryville Services Authority And Service Employees International Union, Local 1021 (SEIU) Regarding A Memorandum Of Understanding (MOU) Extension
WHEREAS, On October 15, 2019, the City Council adopted a resolution authorizing the City Manager to enter into an MOU between the MESA and SEIU with a term effective July 1, 2019, through June 30, 2021; and
WHEREAS, On May 4, 2021, the City Council adopted a resolution approving a Side Letter of Agreement with SEIU to extend the terms of the MOU from July 1, 2021, through June 30, 2022;
WHEREAS, On February 25, 2022, the City/MESA and SEIU met in response to a meeting request from SEIU. In the meeting, SEIU representatives indicated that they would be interested in extending the term of the current MOU with the City/MESA for one (1) year with some form of pay adjustment while leaving all other terms and conditions in place; and
WHEREAS, On March 15, 2022, and April 5, 2022, the City/MESA received authority and met with SEIU to propose a three percent (3%) pay adjustment and a $1,250 nonpensionable lump sum payment to each bargaining unit employee for the one (1) year MOU extension leaving all other MOU terms and conditions in place. These terms passed a ratification vote by SEIU; and
WHEREAS, On April 6, 2022, SEIU and the City/MESA entered into a Total Tentative Agreement (TTA) subject the City Council and MESA Board approval which includes a one-year MOU extension to June 30, 2023, a three percent (3%) pay adjustment effective July 1, 2022, a $1,250 non-pensionable lump sum payment to be made to all employees on December 5, 2022, and the definition of family that pertains to family sick leave and funeral leave to have its sunset date extended to June 30, 2023; and WHEREAS, the Board of Directors of the Management of Emeryville Services Authority adopted this resolution on May 3, 2022; and
RESOLVED, by the City Council of the City of Emeryville that it hereby consents to the City Manager executing a Side Letter of Agreement (Exhibit A) between the Management of Emeryville Services Authority and the Service Employees International Union, Local 1021 (SEIU).
DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 Resolution No. 22-53
Resolution Consenting To Side Letter Agreement between MESA and SEIU City Council Meeting | May 3, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, May 3, 2022, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Medina and Council Members Donahue, Martinez and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Side Letter of Agreement – SEIU MOU Extension DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 Attachment 2
Emeryville MESA-SEIU
Side Letter of Agreement, 2022-2023
I. Parties
The Parties to this Side Letter of Agreement (herein after “Side Letter”) are the City of Emeryville and the Management of Emeryville Services Authority (herein after referred to as “MESA”) and the Service Employees International Union, Local 1021 (herein after referred to as the “Union”).
II. Background
The Parties are the signatories to a Memorandum of Understanding (hereinafter referred to as the “MOU”) setting forth terms and conditions of employment for certain MESA employees within the Service Employees International Union, Local 1021 bargaining unit.
The Parties agree as follows:
III. MOU Amendments
A. For Purposes of the MOU amendments set forth below, language that is overstruck (e.g., overstruck) will be omitted from the MOU. Language that is italicized and boldfaced will be added to the MOU as indicated. Appendix A, attached hereto and referred to below, will replace the existing Appendix A in its entirety. The existing MOU will, in all other respects, remain in effect without change through the new term specified below.
B. Section 4 – Leave of Absence, Sub-Section 4.4 Family Sick Leave of the MOU is hereby amended to read as follows:
“A. Definition of Immediate Family. Immediate family is defined as employee's parents, step-parents, spouse, domestic partner, children, step-children, brother, sister, step-brother, stepsister, half-brother, half-sister, foster child, ward of the court, grandparents, step-grandparents, legal guardian, grandchildren, parents of employee's spouse, any person living in employee's household as a family member.
The following definition of immediate family language will be substituted for the above language on a trial basis for the term of this Agreement:
An employee’s family member is anyone who is bonded to the employee by blood, marriage, adoption, fostering, partnership or legal guardianship; anyone living in the same household as the employee; and anyone named on a list of chosen relations which identifies the relationship.
Employees may submit their list of chosen relations to the City upon adoption of this MOU during the week of October 16th-23rd, 2019. Thereafter, the list will be designated upon employment or for current employees during the medical insurance annual “Open Enrollment” period. This language will expire on June 30, 20212023.” C. Section 4 – Leave of Absence, Sub-Section 4.8 Funeral Leave of the MOU is hereby amended to read as follows:
“In the event of a death in the immediate family of a permanent or probationary employee, they shall be granted upon request, such time off with pay as is necessary to make arrangements for the funeral and attend same, not to exceed three (3) regularly scheduled work days. This provision does not apply if the death occurs while the employee is on unpaid leave of absence or layoff.
Additional funeral leave for travel purposes not to exceed two (2) work days may be granted, and such leave is paid with no deductions from the employee’s leave bank. Any additional time DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 Emeryville MESA-SEIU
Side Letter of Agreement, 2022-2023
required may be allowed by the Department Head’s discretion, and such leave must be taken from accumulated vacation or compensatory time leave banks.
For the purposes of this Section the immediate family shall be restricted to father, mother, brother, sister, spouse, child, step-child, foster child, ward of the court, legal guardian, grandparents, grandchildren, mother-in-law, father-in-law, domestic partners of unit members who have filed a Declaration of Domestic Partnership in accordance with established City policy, and parents and children of domestic partners, and any person living in the employee’s household as a family member.
The following definition of immediate family language will be substituted for the above language on a trial basis for the term of this Agreement:
An employee’s family member is anyone who is bonded to the employee by blood, marriage, adoption, fostering, partnership or legal guardianship; anyone living in the same household as the employee; and anyone named on a list of chosen relations which identifies the relationship, that the employee has given to the City upon employment or thereafter during the medical insurance annual “Open Enrollment” period. This language will expire on June 30, 20212023.” D. Section 15 – Salary, Sub-Section 15.1 Rates in Appendix of the MOU is hereby amended to read as follows:
“The base wage rates for bargaining unit members are as set forth in Appendix A of this Memorandum of Understanding. The base rates shown in Appendix A shall increase by three and one-quarter percent (3.25%) effective on July 1, 2019; by three percent (3%) on the first day of the first pay period beginning on or after July 1, 2020; by two percent (2%) on the first day of the first pay period beginning on or after July 1, 2021; and by three percent (3%) on the first day of the first pay period beginning on or after July 1, 2022.
The City will pay bargaining unit members, employed with the City on date of payment, a nonpensionable lump sum payment of $750 no later than June 30, 2020. The City will pay bargaining unit members, employed with the City on the date of payment, a non-pensionable lump sum of $1,250 on December 5, 2022. The lump sum amount will be included in regular payroll and is subject to all applicable payroll tax and withholding.
The City will pay bargaining unit members, employed with the City on date of payment, a nonpensionable lump sum payment of $750 no later than June 30, 2021, if and only if the City has reported cumulative Fiscal Year 2020-2021 transactions of Real Property Transfer Tax equaling no less than $2.4 million by March 31st of 2021. The lump sum amount will be included in regular payroll and is subject to all applicable payroll tax and withholding.” E. Section 24 Duration of the MOU is hereby amended to read as follows:
“Except as otherwise expressly provided herein, if at all, for the retroactive application of specific contract terms, this Memorandum of Understanding shall take effect upon ratification and signing by the authorized representatives of both parties hereto and shall remain in effect through and including June 30, 20212023 and shall continue thereafter, from year to year, unless at least thirty (30) days prior to the first day of July, 20212023, or the first day of July of any subsequent year, either party files written notice with the other of its desire to amend, modify, or terminate this Agreement.”
IV. General Provisions
DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 Emeryville MESA-SEIU
Side Letter of Agreement, 2022-2023
A. Upon adoption of this Side Letter of Agreement by the MESA Board, the Parties’ respective duty to meet and confer over wage increases, effective July 1, 2022, as provided in the Parties’ MOU prior to amendment as set forth above, shall be deemed to have been exhausted and concluded.
B. This Side Letter will take effect immediately upon adoption by the MESA Board.
C. The written terms herein embody the entire Side Letter of Agreement between the Parties.
In witness hereof, this Side Letter of Agreement was ratified and adopted by a vote of the MESA Board on _________________________, 2022.
For the Employer: For the Union:
__________________________________ _____________________________________ Christine Daniel, City Manager Miroo Desai, President
__________________________________ ____________________________________ Trish Raver, Human Resources Director Ossee Desmangles, Business Representative _____________________________________
John Stead Mendez, SEIU CEO
_____________________________________
Peter Masiak, SEIU East Bay Director
_____________________________________
Blake Huntsman, SEIU Field Supervisor
Approved as to Form:
___________________________________
John Kennedy, City Attorney
DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936
MANAGEMENT OF EMERYVILLE SERVICES AUTHORITY
LOCAL 1021 BARGAINING UNIT
CLASSIFICATIONS AND SALARIES Effective Date: July 1, 2022 Job Code JOB CLASSIFICATION __A__ __B__ __C__ __D__ __E__ Hrs/Wk Eff.Date 1161 ACCOUNTANT 7,275 7,639 8,021 8,423 8,844 35 7/1/2022 1160 ACCOUNTANT, SENIOR 8,167 8,577 9,005 9,456 9,928 35 7/1/2022 1180 ACCOUNTING TECHNICIAN 5,956 6,253 6,566 6,894 7,239 35 7/1/2022 1410 ADMINISTRATIVE ANALYST * 7,202 7,562 7,941 8,337 8,754 35 7/1/2022 1510 ADMINISTRATIVE SECRETARY 5,438 5,710 5,996 6,296 6,611 35 7/1/2022 1705 ASSISTANT COOK 2,506 2,631 2,763 2,901 3,046 40 7/1/2022 1501 ASSISTANT PLANNER 6,304 6,619 6,949 7,297 7,662 35 7/1/2022 1322 ASSOCIATE CIVIL ENGINEER 8,843 9,285 9,749 10,236 10,747 35 7/1/2022 1535 BUILDING INSPECTOR 7,870 8,263 8,676 9,109 9,564 40 7/1/2022 1507 BUILDING PERMIT TECH./PLAN CHECKER 6,533 6,860 7,203 7,563 7,942 35 7/1/2022 1500 ASSOCIATE PLANNER 7,953 8,351 8,768 9,207 9,667 35 7/1/2022 1453 COMM&ECON DEV COORDR I 6,762 7,099 7,455 7,827 8,219 35 7/1/2022 1450 COMM.&ECON. DEV COORDR II 8,632 9,063 9,516 9,992 10,491 35 7/1/2022 1236 COMMUNITY SERVICES OFFICER 5,855 6,148 6,456 6,778 7,118 40 7/1/2022 1700 COOK 2,852 2,995 3,145 3,303 3,467 40 7/1/2022
1390 CREW LEADER 6,515 6,841 7,182 7,541 7,919 40 7/1/2022 1245 CRIME ANALYST 7,232 7,594 7,974 8,373 8,792 40 7/1/2022 1321 ENGINEER, SENIOR CIVIL 9,511 9,986 10,485 11,009 11,559 35 7/1/2022 1325 ENVIRONMENTAL PROGRAMS ANALYST 6,942 7,289 7,654 8,036 8,438 35 7/1/2022 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 5,312 5,578 5,857 6,150 6,457 35 7/1/2022 1655 FAMILY SUBSIDY SPECIALIST 5,016 5,266 5,529 5,805 6,096 40 7/1/2022 1370 MAINTENANCE WORKER-GENERAL 5,484 5,759 6,047 6,350 6,667 40 7/1/2022 1710 MEAL HANDLER (Hourly Part-time) 17.56 18.44 19.36 20.33 21.35 7/1/2022 1470 OFFICE ASSISTANT I * 3,502 3,676 3,860 4,053 4,256 35 7/1/2022 1480 OFFICE ASSISTANT I (Hourly Part-Time) 23.08 24.24 25.45 26.72 28.06 7/1/2022 1460 OFFICE ASSISTANT II * 4,392 4,611 4,842 5,084 5,338 35 7/1/2022 1481 OFFICE ASSISTANT II (Hourly Part-Time) 28.95 30.40 31.92 33.52 35.19 7/1/2022 1190 PAYROLL TECHNICAN 6,264 6,577 6,905 7,251 7,613 35 7/1/2022 1505 PLANNING TECHNICIAN 5,642 5,925 6,221 6,533 6,860 35 7/1/2022 1232 POLICE ADMINISTRATIVE SPECIALIST 6,148 6,456 6,778 7,118 7,474 40 7/1/2022 1242 POLICE COMMUNICATIONS DISPATCHER 6,324 6,640 6,972 7,322 7,688 40 7/1/2022 1234 POLICE EVIDENCE TECHNICIAN 6,148 6,456 6,778 7,118 7,474 40 7/1/2022 1241 POLICE RECORDS SPECIALIST 5,855 6,148 6,456 6,778 7,118 40 7/1/2022 1240 POLICE SERVICES TECHNICIAN 5,855 6,148 6,456 6,778 7,118 40 7/1/2022 1605 PROGRAM COORDINATOR 5,417 5,690 5,974 6,272 6,587 40 7/1/2022 1595 RECREATION ASSISTANT 4,815 5,056 5,308 5,573 5,852 40 7/1/2022 1170 SENIOR ACCOUNTING TECHNICIAN 6,263 6,577 6,905 7,251 7,613 35 7/1/2022 1610 SENIOR CENTER CASE MANAGER 6,395 6,715 7,051 7,403 7,773 40 7/1/2022 1537 SENIOR BUILDING INSPECTOR 8,267 8,681 9,114 9,569 10,048 40 7/1/2022 1503 SENIOR PLANNER 8,803 9,242 9,704 10,188 10,697 35 7/1/2022 1685 TEACHER ASSISTANT 3,056 3,208 3,370 3,538 3,715 40 7/1/2022 1675 TEACHER ASSOCIATE 3,370 3,538 3,715 3,901 4,096 40 7/1/2022 1665 TEACHER 4,052 4,255 4,467 4,691 4,925 40 7/1/2022
1695 LEAD TEACHER 5,172 5,431 5,702 5,987 6,286 40 7/1/2022 1660 TEACHER II 3,784 3,973 4,172 4,381 4,599 40 7/1/2022 1670 TEACHER I 2,853 2,996 3,146 3,304 3,469 40 7/1/2022 1690 TEACHER AIDE-SUBSTITUTE (Hourly Part-Time) 17.63 18.51 19.44 7/1/2022 1680 TEACHER-SUBSTITUTE (Hourly Part-Time) 19.44 20.41 21.43 7/1/2022 * Positions in the public safety and/or Community Services Departments work a 40 hour/week schedule DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936